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HomeMy WebLinkAbout01/04/2011 09B 2011 Collective Bargaining Agreement with Teamsters Local #760 (Yakima Fire Management Unit) BUSINESS OF THE CITY COUNCIL 0 YAKIMA, WASHINGTON AGENDA STATEMENT Item No cm For Meeting Of 01/04/2011 ITEM TITLE Consideration of a Resolution authorizing and directing the City Manager to execute a collective bargaining agreement for 2011 with Teamsters Local #760 representing the Yakima Fire Management Unit. SUBMITTED BY Dave Zabell, Assistant City Manager Colleen Chapin, Deputy Human Resources Manager CONTACT PERSON/TELEPHONE Colleen Chapin, 575 -6124 SUMMARY EXPLANATION The Yakima Fire Management Unit was established as a bargaining unit if Teamsters Local #760 in 2010 through the Public Employee Relations Commission The unit is comprised of the two Deputy Chief position of the Fire Department, as such under Washington State law negotiations with this unit are subject to binding interest arbitration As a new bargaining unit, considerable effort was required to develop acceptable contract language and bargain wages, hours, and working conditions 411 Attached are the Resolution and Collective Bargaining Agreement which finalizes the negotiation process with Teamsters Local #760 Fire Management bargaining unit for 2011 The settlement package is outlined below • 0% wage increase for 2011 • 3% decrease in City's contribution to deferred compensation • Freeze 2011 employee medical premium at 2010 rate • Increase Life Insurance to $120,000 Resolution X Ordinance Other (Specify) Contract Mail to (name and address) Phone Funding Source APPROVED FOR SUBMITTAL. �T 7 STAFF RECOMMENDATION Adopt Resolution authorizing the execution of the Fire Management unit Collective Bargaining Agreement ID BOARD /COMMISSION /COMMITTEE RECOMMENDATION COUNCIL ACTION 4110 RESOLUTION NO R -2011- A RESOLUTION authorizing and directing the City Manager to execute a collective bargaining agreement for 2011 with the Teamsters Local #760 representing the Yakima Fire Department Management Unit. WHEREAS, pursuant to requirements of state law, labor negotiations have occurred between the City and Teamsters Local #760 Fire Management Unit, resulting in the attached proposed collective bargaining agreement for 2011, and WHEREAS, the Local #760 and the City of Yakima have bargained in good faith to a negotiated agreement; and WHEREAS, the members have voted in favor of the attached proposed collective bargaining agreement; and WHEREAS, the City Council has determined that it is in the best interest of the City • of Yakima to settle collective bargaining in accordance with the terms and conditions of the attached collective bargaining agreement, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA. The City Manager of the City of Yakima is herby authorized and directed to execute the attached and incorporated Collective Bargaining Agreement between Teamsters Local #760 Fire Management Unit, and the City of Yakima ADOPTED BY THE CITY COUNCIL this 4th day of January 2011 Micah Cawley, Mayor ATTEST City Clerk • Collective Bargaining Agreement By and between The City of Yakima And Yakima Fire Management Unit, Teamsters Local #760 January 1, 2011- December 31, 2011 ARTICLE 1 - RECOGNITION 1 ARTICLE 2 - UNION SECURITY /DUES CHECK OFF 1 ARTICLE 3 - EMPLOYER RIGHTS . 3 ARTICLE 4 - WAGES AND BENEFITS 5 ARTICLE 5 - GRIEVANCE PROCEDURE 6 ARTICLE 6 - WORK WEEK, AND HOURS OF WORK 8 ARTICLE 7 - UNION LEAVE 9 ARTICLE 8 - MEDICAL EXPENSE REIMURSEMENT PLAN (MERP) 9 ARTICLE 9 - SAVINGS CLAUSE 10 ARTICLE 10 - TERM OF AGREEMENT 10 PREAMBLE This agreement is made and entered into pursuant to the provisions of RCW Chapter 41 56 by and between the City of Yakima hereinafter known as the "Employer" and the Yakima Fire Management Unit represented by Teamsters Local #760, hereinafter known as the "Union" for the purpose of setting forth the wages, hours, and other terms and conditions of employment which shall be in effect during the term of this agreement for employees included in the bargaining unit described in Article 1 below ARTICLE 1- RECOGNITION 1 1 The employer recognizes the Union as the exclusive bargaining representative on matters concerning wages, hours, and conditions of employment for all Yakima Fire Department Deputy Chiefs, excluding all other employees ofthe department. 1.2 The Union recognizes the City as the representative of the people of the City of Yakima and agrees to negotiate only with the City through the negotiating agent or agents officially designated by the City Manager to act on the City's behalf. ARTICLE 2 - UNION SECURITY /DUES CHECK OFF AND MAINTENANCE OF MEMBERSHIP 2.1 It shall be a condition of employment that all employees of the Employer covered by this Agreement who are members of the Union in good standing on the effective date of this Agreement shall remain members in good standing in the • Union. It shall also be a condition of employment that all employees covered by this Agreement and hired on or after January 1, 2011 shall, on the thirtieth (30` Yakima Fire Management, Teamsters #760 1 January 1, 2011 — December 31, 2011 calendar day following the beginning of such employment become and remain a member in good standing in the Union. 2.1.1 Should bona fide religious convictions of an employee dictate he /she may not join a Union, he /she shall be required to pay an amount equivalent to the Union initiation fee and monthly dues to a non - religious charity mutually agreed upon by the employee and the Union. If such employee pursuant to this Section requests the Union to use the Grievance and Arbitration Procedure on his/her behalf, the Union is authorized to charge the employee for the reasonable cost of using such procedure as allowed by law 2.2 The Union agrees to represent all employees within the bargaining unit without regard to Union membership 2.3 When an employee fails to fulfill the obligations as set forth in Section 2 1 or 2 1 1, the Union shall provide the employee and the Employer with thirty (30) calendar days' notification of the Union's intent to initiate discharge action and during this period the employee may make restitution in the amount which is overdue. If an employee has not fulfilled the Union membership obligation and /or other provisions as described in Section 2.1 or 2 1 1 by the end of the applicable discharge notification period, the Union shall thereafter notify the Employer in wnting, with a copy to the affected employee, of such employee's failure to abide by Section 2 1 or 2 1 1 In this written notice, the Union shall specifically request discharge of the employee for failure to abide by the terms of the Labor Agreement between the Employer and the Union. 2 4 When provided a "voluntary check -off' authorization form furnished by the Union and signed by the employee, the Employer agrees to deduct from that employee's pay, the Union's uniform applicable dues, initiation fee and /or service fees, as prescribed in the "voluntary check-off" form. The full amount of monies so deducted from the employee shall monthly be forwarded to the Union by check along with an alphabetized list showing names and amounts deducted from each employee The Union agrees to defend and hold the Employer harmless from and against any and all claims, demands, lawsuits, orders or judgments ansmg from the administration and effects of this Section. 2.5 The Union agrees to refund to the employee any amounts paid to the Union in error on account of the payroll deduction provision upon presentation of proper evidence thereof. The earning of the employee must be regularly sufficient after other legal and required deductions are made to cover the amount of the appropriate Union dues. All other legal and required deductions have pnority for payment over such dues 2.6 The Union agrees to defend and hold the Employer harmless from and against any and all claims, demands, lawsuits, and /or orders of judgments ansmg from the • administration and effect of this Article It is also agreed that neither any Yakima Fire Management, Teamsters #760 2 January 1, 2011 — December 31 2011 S employee nor the Union shall have any claim against the Employer for any deductions made or not made unless a claim of error is made in wntmg to the Employer within forty -five (45) calendar days after the date such deductions were, or should have been made. ARTICLE 3 — EMPLOYER RIGHTS 3 1 Employer Rights Any and all rights concerned with the management of the Fire Department are exclusively that of the Employer unless otherwise provided by the terms of this agreement or the Fire Management Civil Service Rules and Regulations. Furthermore, the City reserves all customary management prerogatives including, but not limited to, the nght to A) Adopt rules for the operation of the Department and conduct of the employees covered by this agreement; B) Establish, plan for, and direct the work force toward the organizational goals of the department; C) Deteimme the organization, and the meats, necessity and level of activity • or service provided to the public; D) Determine new work methods, E) Control the Fire Department budget; F) Establish, regulate and adrnimster a personnel system, in conformity with the City Charter and Fire Management Civil Service Rules and Regulations and with this agreement, which provides for all types of personnel transactions including determimng the procedures and standards for hiring, promotion, transfer, assignment, lay off, discipline, retention and classification of positions, G) Discipline, suspend, demote or discharge employees for just cause, which shall be defined as compliance with the due process procedures outlined in this agreement. H) Determine the methods, means, equipment, material, numbers and kinds of personnel and the job or position content necessary to accomplish departmental operations and maintain the efficiency thereof; I) Assign work to and schedule employee's in accordance with Civil Service classifications and position descriptions and in conformity with this agreement; Yakima Fire Management, Teamsters #760 3 January 1, 2011 — December 31, 2011 J Relieve any employee o y from duty due to a lack of work or insufficient funds as provided by in the Fire Management Civil Service Commission Rules and Regulations and in conformity with this agreement. K) To perform all of the functions not otherwise expressly limited by this agreement; L) Take all actions necessary to carry out the mission of the City in emergencies. M) Provided nothing in the Agreement shall be construed as a waiver of collective bargaining nghts conferred on the parties by RCW 41.56 3.2 Scope of Management Rights The above management nghts are not to be interpreted as being all inclusive, but merely indicate the type of nghts which inherently belong to the City It is understood that any of the nghts, power and authonty the City had prior to the signing of this agreement are retained by the City The Employer acknowledges that changes impacting the working conditions of employees covered by this agreement may be subject to bargaining as defined by RCW 41 56 3.3 Where there is probable cause to believe that an employee is psychologically or medically unfit to perform his/her duties, the employer may require the employee to undergo a psychological or medical examination in accordance with current Fire Management Civil Service rules 3 4 Per Section 3.3 above, employees covered by this bargaining unit have been engaged in a Random Drug Testing program. This program, or one substantially like it, shall continue, and employees covered by the agreement shall remain subject to the program as modified. The City retains the exclusive right to modify its random drug testing program. ARTICLE 4 — WAGES AND BENEFITS Except as modified in Appendix "A ", employees covered by this agreement shall receive benefits as outlined in the City of Yakima Municipal Code, Chapter 2, and the Management Fnnge Benefits document. The Employer acknowledges that changes to the wages and benefits are subject to bargaining as provided by law ARTICLE 5 - GRIEVANCE PROCEDURE Grievance Definition A grievance is an alleged violation of this Collective Bargaining Agreement. Yakuna Fire Management, Teamsters #760 4 January 1, 2011 — December 31, 2011 Filing a Grievance. To be reviewable under this procedure, a grievance must be filed in writing within fourteen (14) calendar days after the employee knew or should have known of the action or decision giving nse to the grievance. This fourteen (14) calendar day period must be used by the employee to attempt to informally resolve the dispute. Computation of Time. The time limits in this Article must be stnctly adhered to unless mutually modified in wnting. Days are calendar days, and will be counted by excluding the first day and including the last day of timelines. Transmittal of grievances, appeals and responses will be in writing. Service on the parties is complete when delivered in person, or upon receipt by electronic mail or by the postmarked date if sent by certified mail. Failure by the Union to comply with the timelines will result in the automatic withdrawal of the grievance. Failure by the employer to comply with the timelines will entitle the Union to move the gnevance to the next step of the process Contents. A grievance must include the following a. A statement of the pertinent facts surrounding the grievance; gib. The date upon which the incident occurred, • ac. The specific Article and section of the Agreement allegedly violated and a specific descnption of how each alleged violation occurred, ed. The steps taken to informally resolve the gnevance, the individuals involved in the attempted resolution, and the results of such discussion, fbe. The requested remedy; and &f. Signature of the affected employee and Union Representative. The employer will not be required to process a grievance unless all the information listed above is provided. Gnevances that do not meet the above conditions or are otherwise unclear may be returned by the Employer and the Union will have seven (7) calendar days to provide the clanfying infoiniation and re- submit the gnevance. Modifications. Alleged violations and /or the requested remedy may be modified only by written mutual agreement of the parties Resolution. If the Employer provides the requested remedy or a mutually agreed -upon alternative, the gnevance will be considered "fully and finally" resolved and will not be moved to the next step Withdrawal: A grievance may be withdrawn at any time Yakima Fire Management, Teamsters #760 5 January 1 2011 — December 31 2011 Processing the Grievance. • Step I — If the issue is not resolved informally, the Union may present the gnevance, in writing, to employee's supervisor with a copy to Human Resources within the fourteen (14) day penod described above. The responsible supervisor shall meet with the grievant and the Union Representative within fourteen (14) days of the receipt of the gnevance, and respond in writing to the Union within fourteen (14) days of the meeting. Step II — If the gnevance is not resolved at Step 1, the Union may move it to the next step by filing it with the Fire Chief or designee, with a copy to Human Resources, within fourteen (14) days of the Union's receipt of the Step 1 decision. The Chief or designee will meet with the grievant and the Union Representative within fourteen (14) days of the receipt of the appeal, and will respond in wnting to the Union within fourteen (14) days of the meeting. Step III — If the grievance is not resolved at Step 2, the Union may move it to the next step by filing it with the City Manager or designee, with a copy to Human Resources, within fourteen (14) days of the Union's receipt of the Step 2 decision. The City Manager will respond in wnting to the union within thirty (30) days of the receipt of the appeal. Step IV — If the dispute is not resolved under one of the above steps, then the matter may, within fourteen (14) calendar days, be referred by either party to expedited mediation - arbitration. There shall be no withholding by either side of known facts or evidence, relating to a grievance pnor to arbitration. Such withholding shall result in said facts and /or evidence not being admissible in arbitration. Upon demand for arbitration the parties may mutually agree to an Arbitrator or if agreement cannot be reached, both parties shall immediately petition the Federal Mediation and Conciliation Service for the names of seven (7) arbitrators and within seven (7) calendar days from receipt of the list, the two (2) parties shall select one (1) name from it by alternatively crossing off a name until one (1) remains, with the gnevmg party striking first. This process for selecting an arbitrator need not be followed if both parties agree on any person as an impartial arbitrator The arbiter shall not have power to add to, subtract from, or modify the provisions of this Agreement in arriving at a decision of the issue presented, and shall confine his/her decision solely to the interpretation, application or enforcement of this Agreement. The arbiter shall confine himself/herself to the precise issue submitted for arbitration, and shall have no authority to determine any other issues not so submitted to him/her The decision of the arbiter shall be final and binding upon the aggrieved employee, Union and employer The arbitrator's fees and expenses, the cost of any heanng room, shall be borne equally by the employer and the Union. All other costs and expenses shall be borne by the party incurring them. Yakima Fire Management, Teamsters #760 6 January 1, 2011 — December 31 2011 • ARTICLE 6 — WORK WEEK, AND HOURS OF WORK The parties recognize that the work performed by the members of this bargaining unit is managerial and supervisory in nature, as such the employees covered by the agreement are salaned and considered exempt from the Fair Labor Standards Act (FLSA) and RCW 49 46 130 because of RCW 49 46 010(5)(c) Employees covered by this agreement are accountable for their work product, meeting the objectives of the organization, and are subject to the Employer's policies applicable to all FLSA and RCW 49 46 130 exempt employees. 6.1 The parties acknowledge that assigned shifts may vary based on specific assignment and needs of the depai tment, and that historic patterns unique to both have developed over time. Command personnel shall typically work a five day schedule Monday through Friday dunng normal business hours, however, due to the nature of the work performed and need to oversee and evaluate areas of assigned responsibility vanations to this schedule will occur and except as provided in 6 3 below, shall be considered as part of the normal work week. 6.3 Due to emergent nature and demands of, the work performed by the members of this unit, employees may be required to return to work as the result of an emergency Employees required to report to work or to respond to an emergency occumng outside of their regular workday, or on a scheduled day off, shall be allowed to flex their regular work schedule to the extent possible In the event work schedules cannot be flexed to accommodate extraordinary hours, in -lieu time may be granted by the City Manager or designee, on a case by case basis 6.4 The Employer retains the management nght to modify normal work schedules in emergency circumstances, for performance related reasons, training purposes or operational needs. 6.5 Except in the event of a force majeure, the Employer shall provide fourteen (14) calendar days notice of a permanent change to an ongoing shift pattern as well as endeavor to provide such notice for any temporary change in an employee work schedule. ARTICLE 7 — UNION LEAVE 71 One (1) Deputy Chief shall be granted leave from duty without any loss of pay during the pre - impasse and post - impasse penod as provided in RCW 41 56, for all meetings between the City and the Union for the purpose of negotiating the terms of a contract and /or attendance at mediation, when such meetings take place at a time dunng which any such members are scheduled to be on duty 7.2 One (1) Deputy Chief may be granted release time during nonnal working hours • to attend meetings for collective bargaining, labor - management, gnevances, pre- Yakima Fire Management, Teamsters #760 7 January 1, 2011 — December 31, 2011 disciplinary/disciplinary, investigatory interviews and other meeting related to contract administration. ARTICLE 8 — MEDICAL EXPENSE REIMBURSEMENT PLAN (MERP) The City will allow members of this bargaining unit, who are eligible, to continue to make contributions into and participate in the Washington Sate Council of Fire Fighters Employee Benefit Trust (the "Trust Agreement ") and the Premium Reimbursement Plan of the Washington Sate Council of Fire Fighters Employee Benefit Trust (the "plan ") at their own expense. All employees who have participated in the Medical Expense Reimbursement Plan (MERP) for not less than one month pnor to being promoted into this bargaining unit may continue to be plan participants. Internal Revenue Service (IRS) codes require all eligible employees participate and there is no individual election to continue contributions Excess sick leave conversion nghts are to the Medical Savings Account/Voluntary Employees Beneficiary Association (MSA/VEBA) Plan for management employees. The Union and the Employees agree to hold the Employer harmless and indemnify the Employer from any and all liability, claims, demands, law suits, and /or losses, damage or injury to persons or property, of whatsoever kind, ansing from and in any way related to the implementation and administration of the Trust Fund. The Union and Employees shall be one hundred percent (100 %) liable for any and all liabilities that arise out of the Trust Fund. The Union and Employees shall be liable for any and all tax penalties, as well as any other liabilities ansing out of the implementation and administration of the Trust Fund. ARTICLE 9 — SAVINGS CLAUSE It is understood and agreed that if any court or board of competent jurisdiction finds any Article, Section or portion of this Agreement to be unlawful or invalid, the remainder of the Agreement will remain in full force and effect. If such a finding is made, the parties agree to make themselves available to negotiate a substitute for the invalid Article, Section or portion. ARTICLE 10 - TERM OF AGREEMENT Except as provided herein, this Agreement shall be in full force and effect upon execution of both the Union and the Employer and continue from January 1, 2011 through December 3l, 2011 Yakima Fire Management, Teamsters #760 8 January 1, 2011 — December 31, 2011 0 Executed by the parties hereto this day of , 2011 Yakima Fire Management Unit City of Yakima Teamsters Local #760 B 1 By - John Parks, Secretary /Treasurer Richard Zais, City Manager ATTEST City Clerk II 411 Yakima Fire Management, Teamsters #760 9 January 1, 2011 — December 31, 2011 APPENDIX "A" WAGES There shall be no wage adjustment in 2011 ANNUAL LEAVE ACCRUALS — Effective 01/01/2011 205 hours annually — After 20 years of service 215 hours annually — After 25 years of service DEFERRED COMPENSATION Effective 1/1/11, the current employer contribution of 3 0% shall be suspended through 11 59 pm on 12/31/11 at which time it shall be restored to the current level. VEBA 01/01/11 - $38,500 00 maximum cash out LIFE INSURANCE — Effective 02/01/11 $120,000 00 CLOTHING ALLOWANCE II/ The City shall provide required uniforms and protective gear and cleaning of umfolius MEDICAL EXAMINATIONS Complete Industry standard preventive medical physical examination will be provided annually in accordance the City of Yakima Employee Health Care Plan. HEALTH CARE PREMIUM CONTRIBUTIONS The health care premium contribution paid by the employees of this bargaining unit shall be maintained at the rates currently in effect through 11 59 pm on 12/31/11, at which time the premium will be converted back to the currently established LEOFF Management formula. TEAMSTERS LEGAL SERVICES TRUST Effective March 1, 2011, the Employer shall make contributions of $25.95 per month, per bargaining unit member, to implement the Western Conference of Teamster Legal Services Trust to SF Admimstrators, Inc During the terms of this agreement future increases will be paid 50% by the Yakima Fire Management, Teamsters #760 10 January 1, 2011 — December 31, 2011 employer and 50% from employee wage deductions The Union agrees to defend and hold the Employer harmless from and against any and all claims, S demands, lawsuits, orders or judgments arising from the administration and effect of this participation. The Employer's obligation under this Agreement is limited to the payment • r Yakima Fire Management, Teamsters #760 11 January 1, 2011 — December 31, 2011