HomeMy WebLinkAboutR-2007-155 2007-2009 Collective Bargaining Agreement / IAFF (469)RESOLUTION NO. R-2007-155
A RESOLUTION authorizing the City Manager to execute a collective bargaining agreement
between the City of Yakima and the International Association of Firefighters
(IAFF) Local 469 LEOFF unit for wages, hours, and working conditions for
2007-2009; and authorizing the City Manager to execute amendments to
the collective bargaining agreement to clarify contract language, maintain
compliance with the law, and make other minor adjustments.
WHEREAS, pursuant to Washington State law, the City and the International
Association of Firefighters (IAFF) Local 469 have been engaged in negotiations for a new
collective bargaining agreement for LEOFF firefighters through the rank of Captain for 2007-
2009; and
WHEREAS, the bargaining unit has voted on and approved the attached proposed
collective bargaining agreement for 2007-2009; and
WHEREAS, the City Council has determined that it is in the best interest of the City of
Yakima to agree to the terms and conditions of the attached collective bargaining agreement
for 2007-2009, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
1. The City Manager of the City of Yakima is hereby authorized and directed to execute
the attached and incorporated collective bargaining agreement between the City of
Yakima and the International Association of Firefighters (IAFF) Local 469 LEOFF
unit for wages, hours, and working conditions for 2007-2009.
2. The City Manager of the City of Yakima is also hereby authorized to and, without a
further resolution, may execute amendments to the collective bargaining agreement
which may be necessary or appropriate to clarify its terms and conditions, maintain
compliance with the law, and/or make other minor adjustments, provided that such
amendments shall be subject to prior approval by the City Attorney as to form.
ADOPTED BY THE CITY COUNCIL this 6th day of .ov-mber, 200
ATTEST:
41-6-ta4,41)/1 Oyu—
City Clerk
David dler, Mayor
2007-2009
LEOFF COLLECTIVE BARGAINING
AGREEMENT
By and Between
Local 469
INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS, AFL-CIO
AND
THE CITY OF YAKIMA, WASHINGTON
EFFECTIVE:
January 1, 2007 through December 31, 2009
TABLE OF CONTENTS
ARTICLE No. PAGE
1 UNION RECOGNITION AND BARGAINING UNIT 1
2 UNION SECURITY' 1
3 PAYROLL DEDUCTIONS 1
4 MANAGEMENT RIGHTS 2
5 EMPLOYEE RIGHTS 3
6 PRODUCTIVITY 3
7 EQUAL OPORTUNITY CLAUSE 3
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 9
15 REFRESHMENT FUNDS 15
16 FIRE DEPARTMENT RESERVES 15
17 WAGES 19
18 HEALTH CARE INSURANCE 20
19 LIFE INSURANCE 22
20 LONGEVITY PAY 22
21 SPECIAL PAYS 23
22 VACATION LEAVE AND KELLY DAYS 27
23 LEOFF EMPLOYEES HOLIDAYS 28
24 SICK LEAVE ACCRUAL/EXCHANGE FOR LEOFF EMPLOYEES 29
25 SICK LEAVE POOL 32
26 BIRTHING LEAVE/MATERNITY LEAVE 35
27 LIGHT DUTY FOR LEOFF II EMPLOYEES 35
28 COMPENSATORY TIME OFF 36
29 OVERTIME FOR LEOFF EMPLOYEES 36
30 DUTY WEEK FOR LEOFF EMPLOYEES 37
31 TOBACCO USE ON DUTY 37
32 PHYSICAL FITNESS 37
33 CREATION OF NEW LEOFF CLASSIFICATIONS 38
34 DEFERRED COMPENSATION FOR LEOFF EMPLOYEES 38
35 DISCIPLINE POLICY 39
36 MUNICIPAL CODE SECTIONS 39
37 ENTIRE AGREEMENT 40
38 NO PYRAMIDING 41
39 SAVINGS CLAUSE 41
40 WSCFF EMPLOYEE BENEFIT TRUST RETIREE MEDICAL 41
ACCOUNT (MERP)
41 TERM OF AGREEMENT 42
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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 2007, 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, excluding temporary employees, the Fire Chief, Deputy
Fire Chiefs, and Battalion Chiefs (Battalion Chiefs are represented separately.)
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 assessments,
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
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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:
(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.
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(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.
5.2 Employees shall be permitted to wear either one (1) union tie tack or one (1)
union pin on department uniforms. The tie tack or pin shall not exceed 5/8 inch in
diameter.
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 City Council and two designated by management, and
shall meet from time to time as either party may reasonably request.
6.3 The City understands the Union's concern regarding the shortage of manpower
and will discuss the impacts of any potential shortages in personnel and will
pursue, with Union input, adequate resources to apply to needed services in the
event of future annexations and /or mergers.
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.
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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 Definitions.
(a) A grievance is a dispute involving the interpretation, application, or
alleged violation of any provision of this collective bargaining agreement.
(b) A "working day" shall be any day except Saturday, Sunday, and any
observed staff holiday.
9.3 Process.
(a) To be review able 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/her grievance with his/her 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) working
days.
(c)
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,
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then the grievance may be submitted to the Division Supervisor within
twenty (20) working days of receipt of the written decision of the
Battalion Chief 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) working 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 twenty (20) working 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) working 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 twenty (20) working days request a review by the City
Manager. The City Manager shall forward a written decision to the
employee within twenty (20) working days from the 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 request for same, which identifies the previously filed
grievance and sets forth the issues(s), which the moving party seeks to
have arbitrated.
The parties shall attempt to mutually agree upon an arbitrator. In the event
the parties are unable to mutually agree upon an arbitrator, either party
may request a list for eleven (11) qualified arbitrators according to the
following procedure: the parties shall attempt to agree as to whether the
Public Employment Relations Commission, the Federal Mediation and
Conciliation Service, or American Arbitration Association will supply the
list. If no agreement is reached, the list shall be requested from the Public
Employment Relations Commission. The parties shall select an arbitrator
from the applicable list by mutually agreeing to an arbitrator or by striking
names. The parties shall flip a coin to decide who starts the striking
process.
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
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(g)
submitted to him/her. The arbitrator shall have jurisdiction and authority
only to interpret, apply or determine 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. The cost of the
arbitrator shall be borne equally between the City and the Union. The City
and the Union will pay their own remaining costs of arbitration, including
attorneys' fees, regardless of the outcome.
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 twenty (20) working
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 working 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 Provision.
(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
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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 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 regarding collective
bargaining, provided that notice of such conventions or conferences shall be 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.
The Local understands that, in order to justify the use of paid union leave on the
part of Local members to attend a particular seminar or conference under the
parties' current CBA language, the curriculum of that seminar or conference
needs to address at least in significant part issues that are designed to improve the
ability of those who are attending the seminar or conference to effectively
represent the members of the bargaining units that the Local represents at the City
of Yakima (as opposed to, for instance, focusing on how to organize employees of
other employers to join a union).
ARTICLE 11— COLLECTIVE BARGAINING COMMITTEES
1 1.1 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 terns of a contract during
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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.
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 wages, 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 partieswill 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 staffing practices;
The parties will bargain concerning emergency response staffing in the
event of new circumstances. These agreements shall be reduced to
writing.
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13.3 When the Yakima Fire Department responds to fires or other emergencies outside
of the city limits and that participation is expected to exceed two (2) hours, the
Battalion Chief, Duty Chief or designee shall initiate the call back of off-duty
personnel to ensure a duty strength of four, three person engine companies.
13.4 The Battalion Chief, Duty Chief or designee shall initiate the rotation of Yakima
Fire Department mutual aid crews every four (4) hours into an incident. Such
rotation shall be governed by valid logistical considerations.
13.5 In the event that on -duty Fire Fighters are used for State Mobilization, the City
will hire back off-duty personnel to maintain normal staffing levels.
ARTICLE 14—PROMOTIONAL STANDARDS FOR LEOFF CLASSIFICATIONS
14.1 Fire Lieutenant and Fire Captain Recruitment and Selection Process.
(a) The recruitment and selection process for the classifications of Fire
Lieutenant and Fire Captain is defined below. All promotions to Fire
Lieutenant and Fire Captain 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 agreed to by the Employer and the Union
may be used for study purposes and 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 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.
(b) Examinations shall be administered by the Chief Examiner or designee of
the Yakima Fire Civil Service Commission. For the ranks of Lieutenant
and Captain each examination shall have a written portion (consisting of a
multiple choice test taken from IFSTA manuals and a written
communications exercise i.e. business letter, memo, SOP, etc.) that shall
constitute fifty percent of the total score and an oral portion (that will, for
Lieutenants consist of an emergency incident problem and an oral board
interview and for Captains will consist of a practical exercise and an oral
board interview) that shall constitute fifty percent of the score.
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The oral board shall consist of up to four qualified examiners chosen from
a list submitted by the Chief. The Chief will be responsible for
determining the qualifications and suitability of the selected board
members. Oral board members may not be City of Yakima employees nor
can they be from the geographical Upper Yakima County if they are
involved with the fire service in a volunteer or paid role. There will be a
minimum of three (3) board members. In the event board members cancel
immediately prior to the examination, the Chief has the responsibility to
find a substitute board member, who may be from the Upper Yakima
County Fire Service, to maintain the minimum three (3) -person board. If
no substitute board member can be found, the examination will be
postponed.
Board members may only serve on a board for one testing level at a time,
either Lieutenant or Captain, not both. They may not be selected for two
consecutive boards of the same rank. The Fire administration and the
Union both have equal veto rights to disqualify persons from serving on
future boards.
The Employer and the Union may each designate an observer to attend the
administration of the examination. The Chief, with input from the Union,
shall determine the weighting of each component within the two major
examination areas. The weighting of each component within the two
major examination areas shall be included in the notice of the
examination. Candidates must achieve a score of seventy (70%) percent
or higher on the written portion of the examination to continue to the oral
portion. The candidate must obtain a passing score of 70% on the oral and
written portions of the examination process to be ranked on the
promotional register.
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 my 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 permit them to understand and learn from any mistakes or
other performance deficiencies.
(d) Procedure for Problem/Equipment Failure and .Appeals • during an
examination.
(1) Procedure for Problem/Equipment Failure
(A) If a problem/equipment failure occurs during an
examination that is beyond the control of the applicant,
the applicant must notify the Chief Examiner/or designee
immediately. The Chief Examiner/or designee will note
how much testing time the applicant has remaining. The
Chief Examiner/or designee will document how long it
takes to correct the problem/equipment 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/equipment failure, the applicant has
the right to appeal to the Chief Examiner or designee 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/or designee immediately after the
problem/equipment failure has occurred. No scores will
be given to applicants until all appeals are resolved.
(2) Procedure of Appeals during Examination
(A) Promotional examination results shall be withheld from
all applicants for a minimum of 72 hours (3 working
days, Monday through Friday) following completion of
each phase of the examination process. During this time,
individual applicants who are dissatisfied with the
conduct of the examination may appeal in writing clearly
indicating their complaint and the remedy sought to the
Chief Examiner or designee. Upon receipt of such an
appeal, disclosure of all examination results will be
withheld until such time as the appeal is resolved.
Pass/fail results will be provided for all phases of the
exam process unless and appeal is filed.
(B) The final examination results shall include overall
numerical or standing scores and scores from each phase,
and shall be withheld from all applicants a minimum of
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120 hours (5 working days, Monday through Friday)
following the completion of the final examination
process. During this time, individual applicants who are
dissatisfied with the conduct of or content of the
examination may appeal in writing clearly indicating their
complaint and the remedy sought to the Chief Examiner/
or designee. Upon receipt of such an appeal, disclosure
of all examination results will be withheld until such time
as the appeal is resolved. No appeals may be made after
results have been released.
(e) 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 register and become effective upon expiration of
the current register. Eligibility requirements must be met by the first day
of testing.
(1) 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.
(2) 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.
(3)
If a candidate for Lieutenant or Captain declines promotion into
one of the positions, then the position will be offered to the next
eligible candidate on the register. If this candidate declines, the
process continues through the register. Any candidate declining a
promotion must submit in writing that they decline the position. A
copy of the letter of declination shall be submitted to the Chief
Examiner by the Fire Chief. The declining candidate shall retain
his/her position on the promotional register.
(f) Filling a Vacancy
(1)
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 the time the vacancy
first occurred will be appointed to the position; provided that the
Employer may pass over the top scoring candidate for the
appropriate reasons and promote the second highest candidate
instead. Contemporaneously with passing over any candidate, the
Employer shall furnish the employee and the Union Secretary, in
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writing, upon request, the reasons for doing so. In the event two or
more candidates have identical scores, the candidate with the
greatest seniority shall be deemed highest scoring. Employees
promoted shall serve a probationary period of one year.
(2) 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.
(C) Further, in the event that a decision is made by the
appointing authority not to fill and/or eliminate a vacancy
(as noted in 14.1(f)(1) 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 the time the vacancy occurred
shall be eligible to be appointed to the reauthorized
position.
14.2 Deputy Fire Marshal, Training Captain and Training Lieutenant Recruitment and
Selection Process.
(a) The recruitment and selection process for the classifications of Deputy
Fire Marshal, Training Captain and Training Lieutenant is defined below.
(b) Job Announcement: Job openings shall be announced a minimum of 15
days prior to the deadline for accepting applications.
(c) Application Process: Applicants will submit a letter of interest to the Fire
Chief for the positions of Deputy Fire Marshal, Training Captain and
Training Lieutenant. The letter of interest shall demonstrate the relevant
knowledge, skills and abilities of the position applied for.
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(d) Selection Process: For the classifications of Deputy Fire Marshal,
Training Captain and Training Lieutenant the rule of four shall apply.
Training Captain and/or Deputy Fire Marshal: The Chief shall select a
candidate to fill the Training Captain and/or Deputy Fire Marshal position
from a pool of at least 4 individuals consisting of:
1.Any Captain(s) or Battalion Chief(s) who voluntarily apply.
2. The top 2 candidates on the Captain promotional list.
3. Up to 4 "junior" Captains who have not done an accumulative
2 years of "days" as a Captain.
The Chief will have a minimum of 4 names using any combination of the
above 3 steps, however, Step 3 will only be used to the extent needed to
reach the 4 person minimum. Captains may be reappointed to the position
if circumstances dictate and only once every four years. When an
individual is selected from the Captains' promotional list, it will be a
permanent Captain's promotion.
Training Lieutenant: The Chief shall select a candidate to fill the position
of Training Lieutenant from a pool of 4 individuals consisting of:
1. Any Lieutenant(s) (off probation) or Captains who voluntarily
apply.
2. The four (4) "junior" Lieutenants who have completed
probation.
The Chief will have a minimum of four (4) names using any combination
of the above steps. The Chief shall only use as many "junior" Lieutenants
as needed to reach the four- person minimum.
(e) Probationary Period: The probationary period for the classifications of
Deputy Fire Marshal, Training Captain and Training Lieutenant shall be
considered complete after twelve months of satisfactory service. In the
event an employee does notcomplete probation for any reason, the
employee shall be returned to their previously held classification.
Vacating Promotion: Any appointment to Deputy Fire Marshal, Training
Captain and Training Lieutenant may be vacated at any timedue to a
voluntary demotion to the position from which the employee was
promoted or due to a promotion to another position within the Fire
Department.
(f)
(g)
Base Pay and Step Pay Increases:
(1) The base pay for the Deputy Fire Marshal and the Fire
Training Captain shall equal Pay Code 506.
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(2) The base pay for the Fire Training Lieutenant shall equal
Pay Code 527.
(3)
When individuals are placed into the above-mentioned
positions, they will be placed in the same pay step as they
previously held. This is meant to equal a pay increase of
approximately 10% over the shift position pay.
(4) Individuals promoting from Shift Lt. to Training Captain
will be promoted to the position of Captain .prior to the
Training assignment.
(5)
Individuals transferring from one day position to another
day position of the same pay code will not realize a 10%
pay increase.
14.3 Assistant Fire Marshal Recruitment and Selection Process.
The Assistant Fire Marshal position is filled with a Commissioned Yakima Police
Officer transferred on special assignment. This recruitment and selection process
is a pilot program and will be evaluated during the first two years by both the
Union and management. A report shall be made by the end of the first two (2)
years outlining the pros and cons of the program and whether the Department
should continue with the program. In the event that the Union and management
cannot agree to proposed changes to this position then the position shall revert
back to the original wording in the 2004-2006 collective bargaining agreement
between the parties.
14.4 The Union and the City shall continue to discuss the promotional process.
Changes mutually agreed upon shall replace or amend the current contract language.
Pending such action Article 14 shall remain unchanged and in full effect.
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.
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16.2 The purpose of the reserves is to augment and support total manpower, not
replace bargaining unit personnel.
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 -fir 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:
(8)
(9)
Must complete an application for Volunteer Reserve Firefighter
Program;
Must be a high school graduate or equivalent;
Must be 18 years of age at time of appointment;
Must pass a written exam in basic knowledge, or have passed the
latest Yakima Fire Department Civil Service Entrance Exam;
Must pass the Yakima Fire Department Physical Agility
Examination (Combat Test w/o face piece in under 7 minutes);
Must pass an extensive physical examination by a physician
selected by the City of Yakima;
Must possess and maintain a valid Washington State Drivers
License;
Must successfully pass an extensive background check reviewed
by Staff and Chief of the Department;
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:
(1) Must successfully complete the existing basic training academy for
Combat Reserves (a minimum of 40 hours).
(2) Must complete Basic First Aid class.
(3) Must satisfactorily complete a basic competency test consisting of:
(A) Demonstrate donning and wearing of protective
clothing.
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(B) Demonstrate proper technique of taking a hydrant.
(C) Don and place into service a SCBA.
(D) Shoulder load a 1 _" preconnect and demonstrate
proper operation with water flowing.
(E) Demonstrate a basic knowledge of equipment location
on assigned apparatus.
(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:
(e)
(1) Complete IFSTA Firefighter I Program with passing score of 70%.
(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.
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 workday between 8 AM and 5
PM. 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.
17
(8)
(9)
Earn and maintain a satisfactory annual review by the Shift Officer
and/or Battalion Chief in Training.
Reserves shall be assigned to A, B or C shift.
16.4 Organization of the Reserves.
(a) Reserve fire fighters can be utilized at all City owned and/or operated fire
stations; provided that Reserves at all tunes 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
disadvantage 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. Crew 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.
16.8 Reserve Response. Reserves would respond to alarms in three scenarios:
18
(a) Reserves would respond to alarms as the 4t1' 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 final composite score.
16.11 The Union and the City have formed a committee to study the Fire Department
reserve program. Changes mutually agreed upon shall replace or amend the
current contract language. Pending such action, Article 16 shall remain
unchanged and in full effect.
ARTICLE 17 — WAGES
17.1 Effective 1-1-07 the base salary of bargaining unit members will not be increased.
17.2 Effective 1-1-08 the base salary of bargaining unit members will be increased by
5%:
17.3 Effective 7/1/08 the base salary of bargaining unit members will be increased by
1%.
17.4 Effective 1/1/09 the base salary of bargaining unit members will be increased by
1% plus (100% of the average of the West Coast Cities CPI -W and the Seattle
CPI -W June to June with a minimum of 2% and a maximum of 4%.)
19
17.5 Effective 7/1/09 the base salary of bargaining unit members will be increased by
1%.
ARTICLE 18 — HEALTH CARE INSURANCE
18.1 Medical, Vision and Dental Care Coverage:
(a) 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, 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".
(b) If 50% or more of the bargaining unit members elect to enroll in the new
health insurance program, then 100% of the members, dependents, retirees
and LEOFF I dependants will move to the new insurance program. (Does
not apply to the LEOFF I retired employees.)
18.2 Health and Dental Care Premium Contributions:
(a) 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.
(b) Dependant 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 $140.00 per month. The
$140.00 maximum shall continue through the 2007-2009 CBA.
(c) Dental Care Premium Contributions. The City shall pay the premium for
LEOFF I and LEOFF II employee and dependent dental care coverage.
(d) Employee contributions under this Article will be accomplished through
nonnal payroll deductions.
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, except in the case cited in 18.1 (b), 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.
20
(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 car 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 Disability Insurance. The Union has executed a disability life insurance policy
with Standard Insurance Company that provides both short -tern and long -tern
disability life insurance for it members and said policy generally provides a
covered employee with up to fifty percent (50%) of his/her base pay in the event
that the person incurs an off-duty injury, illness and/or disability and is unable to
work. In order to qualify for said benefits under the policy for a particular month,
the employee can receive a minimum of fifty percent (50%) of his/her base pay
from the City through the utilization of accrued sick leave, compensatory time
and annual leave in a month and must be in leave without pay status for the
remainder of the month.
(a) In the event that an insured employee covered by the Local 469 Standard
Insurance Company Disability Plan applies for and receives benefits from
said plan the City shall permit the employee to receive a minimum of fifty
percent (50%) of his/her base pay from the City through the utilization of
accrued sick leave, compensatory time and annually leave in.a month and
allow thein to be in a leave without pay status for up to fifty percent (50%)
of their scheduled hours for the affected pay period.
(b) Base pay for the purpose of receiving Standard Insurance Company
benefits shall be the base pay per Master Ordinance plus the Deferred
Compensation contribution.
(c) It shall be the responsibility of the employee to inform the fire department
timekeeper on or before the date in which he or she starts the leave
without pay status. It shall be the responsibility of the employee to inform
the fire department timekeeper on or before the date which he or she ends
the leave without pay status.
21
(d) If the insured employee's scheduled hours spent for a pay period is
anticipated to be lower than the minimum number of hours required by the
Washington State Department of Retirements (DRS) for receipt of full
service credit for that month, then the employee may use a sufficient
number of hours of his/her accrued leave for that pay period to satisfy the
minimum numbers required by DRS to receive full service credit for that
month.
(e) It shall be the employee's responsibility to reconcile his/her monthly pay
from the City with payments from the disability insurance carrier
(Standard Insurance) to ensure that he/she does not violate and /or breach
any of the terms and conditions of the disability insurance policy,
including but not limited to the 100% payout ceiling. Local 469 recognizes
that the City does not have any liability with or to the disability insurance
carrier or Local 469 whatsoever with regard to insurance disputes between
the carrier and employees represented by Local 469, including by not
limited to the reconciliation of pay and the 100% payout ceiling. Further,
Local 469 agrees to indemnify, defend and hold harmless the City of
Yakima, it officers, elected officials, employees and agents from any and
all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and
other proceedings and all judgments, awards. Costs and expenses
(including attorneys' fees and disbursements) caused by or occurring as a
result of any dispute between an employee represented by Local 469 and
the disability insurance carrier.
(f) Both Local 469 and the City have participated in the drafting of the
language for 18.4 and as such, it is agreed by the parties that the general
contract rule of law that ambiguities in the contact language shall be
construed against the drafter of a contract shall have no application to any
legal proceeding, arbitration and/or action in which this section of the
contract and its terms and conditions are being interpreted and/or
enforced.
ARTICLE 19 — LIFE INSURANCE
19.1 The City will provide, without cost to the employee, $20,000 in face
amount of life insurance.
ARTICLE 20 — LONGEVITY PAY
20.1 Effective 1-1-04, the City will pay longevity pay upon satisfactory completion of
the following service and at the designated rate:
22
Service in Years
Completed
Percent of Base Pay
4
2.0%
9
3.5%
14
5.5%
19
7.0%
24
9.0%
26
10.0%
Service in years shall be defined as in Article 22, Vacation Leave, of this
Agreement.
ARTICLE 21— SPECIAL PAYS
21.1 Acting Assignment Pay. 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, on an hour for hour basis for an individual for such
period of continuous service, provided the individual serves a minimum of four
(4) 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:
(a) 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.
(b) 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, if they are eligible to test for the position of Captain.
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(c)
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 hours 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 be paid
not less than two (2) hours of overtime at the applicable overtime rate.
(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.
21.5 The City shall pay each employee for his use, at the request of the City, of his/her
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 there under.
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 Fire Investigator Differential. Subject to the Chief's right to appoint, from time to
time, an employee as a Fire Investigator, such employee shall receive a
differential for such duty as follows.
(a) Commissioned Fire Investigators. Said differential shall be one hundred
fifty dollars ($150) per month for a Fire Investigator who is commissioned
(Such differential shall be increased annually by a percentage equal to one
hundred (100%) percent of the average of the US Cities CPI -W and Seattle
CPI -W for the period of June to June.) Effective 1/1/08, Commissioned Fire
Investigators shall receive monthly differential pay of 3.5% of the base pay
of a firefighter in step E.
24
(b) Certified Fire Investigators. Effective 1-1-2008, the City will implement a
Certified Fire Investigator (CFI) program. Effective 1-1-08, CFI's will
receive differential pay of 3.0% of the base pay of a firefighter in step E per
month.
(c) Non-CFI/Non-commissioned Shift Investigators. Non-CFI/Non-
commissioned shift investigators will receive a differential pay of 2.0% of
the base pay of a firefighter in step E per month.
21.8 MSA Repairpersons. Effective 1-1-08 and subject to the Chief's right to appoint,
from time to time, employees as MSA Repairpersons, such employees shall
receive differential pay of 2.0% of the base pay of a firefighter in step E per
month.
21.9 Technical Rescue. Effective 1/1/07, members of the technical rescue team shall
receive differential pay of two percent (2%) of the base pay of a firefighter in step
E per month to compensate for the estimated number of additional hours spent
training for the team above and beyond the twenty hours of overtime compensated
pursuant to section (d) below.
(a) The City will allow up to twelve (12) Local 469 LEOFF members of any rank
to participate in the YFD Technical Rescue Team, subject to the Chief's right
to appoint.
(b) In the event that there are any changes in the specific Technical Rescue Team
duties and/or scope of responsibilities of the aforementioned twelve IAFF
Local 469 members after execution of this agreement, the City and the Union
shall conduct any legally required negotiations onthe effects of the change(s)
(c) City business will be granted to those members taking Rescue System 1.
(d) Participating Union members will complete an annual required 20 hours of
field training exercises, generally through attendance at the monthly drills.
Those Union members are not required to meet the 20 hours on their own time
without compensation. If the Union member is required to attend training on
their day off, said member shall be compensated at one and one-half their
scheduled rate of pay, in accordance with FLSA,up to a maximum of 20
hours of overtime per calendar year.
(e) A Deputy Chief shall be in charge of the YFD Technical Rescue Team
activities at the Administrative level. A team member in good standing shall
be in charge (Team Leader) of the YFD Technical Rescue Team activities at
the team level.
(f) Rank amongst Union members performing Technical Rescue work shall not
be recognized while functioning as part of the Technical Rescue Team. All
union members participating in this team shall perform on an equal level all
work they are assigned by the Incident Commander.
(g) In the event that any union member, with prior written approval, attends
training related to his duties as a Technical Rescue Team member off duty, it
25
shall be known that said member shall be attending as an employee of the
City.
21.10 ARFF (Aircraft Rescue and Fire Fighting). The on -duty Certified ARFF person
assigned to the Crash Truck will be paid twenty-five dollars ($25) per shift,
dependant upon the individual serving a minimum of ten (10) hours in the
position and meeting the standards set forth by the FAA and the Yakima Fire
Department. The shift officer of Station 94 shall assign the individual to the
position with concurrence of the shift commander. Split shifts will be managed in
the manner that generally only one person per shift will receive the ARFF pay..
21.11 K-9 handler pay. Effective 1-1-08 the K-9 handler shall receive differential pay
of 4.5% of the base pay of a firefighter in step E.
21.12 HAZARDOUS MATERIAL TECHNICIAN.
(a) The City will allow up to twelve (12) Local 469 LEOFF Union members
of any rank to participate in the YFD HazMat response team based on
their ability to meet the standards set by the bylaws governing the Tri -
County Hazardous Materials Response Team.
(b) The City shall compensate said members a monthly percentage of two
percent (2%) of the base pay of a firefighter in step E.
(c) In the event that there are changes in the specific HazMat duties and/or
scope of responsibilities of the aforementioned twelve IAFF 469 members
after execution of the Tri -County Hazardous Materials Response Team
agreement, the City and the Union shall conduct any legally required
negotiations on the effects of the change(s).
(d) The City shall furnish the Union with a copy of the Tri -County HazMat
agreement when executed and changes as they occur in the future.
(e) The participating Union members shall attend the initial 40 -hour HazMat
Technician Course. Personnel on -duty will be granted city business leave
and off-duty personnel will be compensated at the overtime rate pursuant
to the existing IAFF Local 469 Collective Bargaining Agreement.
(f) The participating Union members shall complete the annual required 24 -
hours continuing education as required by Washington Administrative
Code 296-824-300. Union members are not required to meet the 24-hour
continuing education requirement on their own time without
compensation. If the Union member is required by fire administration to
meet the 24-hour continuing education on their day off, said member(s)
shall be compensated at one and one-half their scheduled rate of pay.
Union members may be allowed to utilize pre-recorded classroom lectures
26
(g)
or alternative methods of instruction (multi -media training, DVD,
interactive CD, etc.) in lieu of scheduled classes in the event that the
member cannot attend on their scheduled shift.
A Deputy Chief shall be in charge of the YFD HazMat activities. It shall
be the responsibility of fire administration to execute all non -incident
related administration of this division.
(h) Rank amongst Union members performing HazMat work shall not be
recognized while functioning as part of the Tri -County Hazardous
Materials Team. All Union members participating in this team shall
perform on an equal level all work they are assigned by the Incident
Commander.
(i)
Any required medical or physical examination, as it relates to said team,
shall be paid for 100% by the City of Yakima. This cost shall not be a part
of nor reflected in the members' negotiated Medical Benefit Plan.
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.
Service in Years
Accrual Hrs/Mo.
Accrual Hrs/Yr.
Maximum Accrued
0-3
6.67
80
172
3-7
8.00
96
204
7-10
10.00
120
252
10-15
12.00
144
300
15-20
14.00
168
348
20 +
16.00
192
396
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
Accrual Hrs/Mo.
Accrual Hrs/Yr.
Maximum Accrued
0-5
10
120
252
5-10
12
144
300
10-15
14
168
348
15-20
16
192
396
20+
18
216
444
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
27
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:
(a) The City shall allow five (5) positions per shift, for shift employees from
the bargaining unit to be released from duty at any one time for scheduling
of vacation, Kelly days, or holidays subject to the subsection below:
(b) Effective 1-1-07, any request for partial shifts of less than 10 hours shall
only be granted under the following:
• The request must be made to and approved by the shift commander no less
than 24 hours prior to the time requested.
• Any hiring for less than ten hours shall be done by the paging system.
After 10 minutes, the overtime hours shall be awarded to the respondent
highest on the hiring list for the position to be filled.
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
Employers' inability to reschedule the vacation time off. Neither party shall
unreasonably withhold approval of rescheduling of vacation previously canceled.
22.7 Employees shall be able to cancel scheduled earned leave with thirty (30) days
notice.
ARTICLE 23 — LEOFF EMPLOYEE HOLIDAYS
23.1 (a) At the first of each year, all LEOFF members of the .bargaining unit will
receive a credit of 120 hours to their holiday leave 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
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month's shifts in order to receive holiday credit for the month in which
they were hired.
(c) Employees transferring from days to shifts will receive holiday credits at
the rate of ten (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 than one-half (1/2) 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 72
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.
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 II 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 60% of hours at
100% of the employee's current base pay. To qualify, the employee must
have at least 20 years of service within the LEOFF II pension system.
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(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.
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, accrued sick leave up to a cap of 1440 hours
will be exchanged for pay at the rate of 60% of hours at 100% of the
employee's current base pay. To qualify, the employee must have at least
20 years of service within the LEOFF II pension system.
(b) Upon termination under honorable conditions, as distinguished from death
or retirement, accrued sick leave up to a cap of 1440. hours will be
exchanged for pay at the rate of 50% of the employee's current base pay.
(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 3 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 underhonorable conditions, e.g., layoff for
budget reasons, 1080 hours of accrued sick leave up to a cap of 1440
hours 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.
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:
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(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 1040 hours may be
accumulated for either exchange or use.
No exchange of accrued sick leave for additional leave days or forcash 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 60% of the
employee's current base pay. To qualify, the employee must have at least
20 years of service within the LEOFF II pension system.
(b) Upon termination under honorable conditions, as distinct from retirement
or death, the employee's accrued sick leave up to 720 hour 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.
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 .1040 hours will be exchanged for pay at the rate of 60% of the
employee's current base pay. To qualify, the employee must have at least
20 years of service within the LEOFF II pension system.
(b) Upon termination under honorable conditions, as distinguished from death
or retirement, the employee's accrued sick leave up through a maximum
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of 1040 hours will be exchanged for pay at the rate of 25% 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 1040 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 24
hours of sick leave for an additional vacation leave day (eight (8) hours),
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.
24.8 In December of each year, any accruals by 40 -hour week employees beyond a
1040 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 final paycheck for the year.
24.9 LEOFF II personnel reassigned from shifts to days shall have all hours of accrued
sick leave converted utilizing the factor of 1040/1440 or .7222 and personnel
reassigned from days to shift shall have all hours of accrued sick leave converted
utilizing the factor of 1440/1040 or 1.385. In no case can the employee accrue
more than the maximum sick leave allowance.
24.10 Employees who become ill or injured while on approved earned leave (vacation,
holiday, or comp time) may utilize sick leave for the period of illness or injury:
provided the employee immediately upon becoming incapacitated notifies the
division supervisor and presents to management upon returning to work, a
certificate from a health care provider, stating the nature and duration of the
incapacity.
24.11 All final cash out proceeds under this article will be contributed to the
Washington State Council of Fire Fighters Benefit Trust Retiree Medical Account
(MERP), effective 1-1-05. (Refer to Article 40 of this agreement)
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
32
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 share 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 (5`1') day of each month.
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.
33
(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 (15`x') 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 sop 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.
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 form 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
34
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 Pregnancy and maternity/paternity leave will be treated in accordance with state
and federal law.
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 off-duty injury or
illness and cannot perform their regular duties may request in writing to the Chief
of the Department an assignment to 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 up to (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 consistent with a day position. 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 utilizing the factor of
1040/1440 or .7222. Upon return to the 24-hour shift assignment their sick leave
hours will be converted utilizing the factor of 1440/1040 or 1.385. 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 up to
(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 consistent with a day position.
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
35
utilizing the factor of 1040/1440 or .7222 and upon return to the 24-hour shift will
have their sick leave converted utilizing the factor 1440/1040 or 1.385. 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 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
relevant court clerk.
28.4 Training Time.
For LEOFF employees, off duty training that is required by the Chief of the
Department or his designee shall be paid at overtime rate pursuant to Article 29.3
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 182 hours
on their assigned shifts in a 24 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
36
overtime rate required by the Fair Labor Standards Act for all hours worked in
excess of 182 hours or 40 hours, respectfully.
29.3 Premium Duty Pay. LEOFF personnel working outside of their normally
scheduled shifts at a time they 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/her designee because of an emergency the employee shall
receive Emergency Duty Pay. 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 -
point four six (50.46) hours per week.
30.2 The employees serving in the positions of Deputy Fire Marshal, Assistant Fire
Marshal, Training Captain, and 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.
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
37
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 Upon request by the fitness committee, only the medical results that pertain to
physical fitness shall be given to the committee.
32.6 The City shall schedule and pay for medical examinations for employees in the
bargaining unit at age 35 and 37 and every two years after the age of 40. The City
shall send notification to the employee at least 60 days prior to his/her birthday
that the examination is due. The employee shall sign a letter stating whether
he/she wishes to have the examination.
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 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
4% of base pay to a deferred compensation account.
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.
38
34.3 Effective January 1, 2005, if 50% or more of the members of the bargaining unit
elect to enroll in the new IAFF program, then 100% of the members shall move to
the IAFF deferred compensation program.
ARTICLE 35 — DISCIPLINE POLICY
35.1 Both parties have agreed to continue to work on and complete a disciplinary
policy.
ARTICLE 36 — MUNICIPAL CODE SECTIONS PERTAINING TO LEOFF
EMPLOYEES
2.01 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
2.20.040 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
2.20.86 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 Tine -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
39
2.24.20
2.40
2.40.010
2.40.020
2.40.030
2.40.040
2.40.050
2.40.060
2.40.70
2.44
2.44.030
2.44.040
2.44.050
2.44.060
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 Representatives
Prohibited Expenditures
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.
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 1st of each year to be posted at all
fire stations.
40
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 — MEDICAL SAVINGS ACCOUNT
40.1 The City and the Union have agreed to implement a medical reimbursement plan
for Bargaining Unit members for the term of this agreement.
40.2 Conversion of Sick Leave Cash out to Retiree Medical Savings Account.
(a) Effective January 1, 2005, the City shall participate in the Washington
State Council of Fire Fighters Employee Benefit Trust (the "Trust
Agreement") and the Premium Reimbursement Plan of the Washington
State Council of Fire Fighters Employee Benefit Trust (the "Plan") and
agrees to make contributions to the Plan on behalf of all employees in the
Collective Bargaining Unit who are eligible to participate in the Plan by
reason of having excess sick leave conversion rights. For the purposes of
this article, excess sick leave conversion rights are defined as sick leave
cash -outs at retirement. Contributions on behalf of each eligible employee
shall be based on the cash -out value of sick leave hours accrued by such
employee and available for cash -out at retirement. IRS codes require all
eligible employees to participate.
40.3 Monthly Contributions.
In addition to the conversion of sick leave cash out to Retiree Medical Savings
Account described above, the City shall make the following monthly
contributions to the Plan on behalf of Bargaining Unit members:
(a) The City shall deduct monthly contributions on a pre-tax basis in the amount
of Seventy-five Dollars ($75.00) per month from the base salary of each
LEOFF II employee covered by this Agreement, to the Washington State
Council of Fire Fighters (WSCFF) Employee Benefit Trust. The Union shall
41
have the option to adjust their portion of the contribution rate from time to
time, as a result of premium changes by the Trust. Effective 1/1/08, the City
shall pay for $45.00 Dollars of the Seventy-five Dollars ($75.00) contribution
to the Benefit Trust.
(b) The City shall transmit, mail or forward the monthly contribution on or about
the sixth of every month, but no later than the tenth, for that months
contribution.
40.4 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, arising
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 arising
out of the implementation and administration of the Trust Fund.
ARTICLE 41 — TERM OF AGREEMENT
41.1 This Agreement shall be deemed effective from and after the 1St day of January,
2007 through the 31St day of December, 2009; 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. —7114 day of
Recommended by:
LO,CAI'469, 1 TERNA -I
, 2007.
ASSOCIATION OF FIREFIGHTERS, AFL-CIO
Ronald o nson
President, Local 469
IAFF
By: /1/4��
Mike Wagner
Secretary -Treasurer, Local 469
IAFF
CITY OF YAKIMA
By:
Richard A. Zais, Jr.
42
City M
By:
Charlie Hines
Fire Chief
ATTEST:
J
Deborah Moore
City Clerk
City Contract No. a007—S
Resolution No. %1 appy /55
43
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. ' 0_0
For Meeting Of November 7, 2007
ITEM TITLE: (A) Consideration of a Resolution authorizing the execution of the 2007-2009 Collective
Bargaining Agreement Between the City of Yakima and IAFF Local 469 (Fire LEOFF) and
(B) An Ordinance Amending the Classification and Compensation Plan for Certain City
Employees specifically Subsections A and C of Section 2.20.100 and subsections of A, B, C,
F and G section 2.20.110, all of the City of Yakima Municipal Code.
SUBMITTED BY: Dick Zais, City Manager; Dave Zabel!, Assistant City Manager; and Sheryl M. Smith,
Human Resources Manager
CONTACT PERSON/TELEPHONE: Sheryl Smith, x6090
SUMMARY EXPLANATION:
1. Fire LEOFF Settlement
The attached resolution authorizes a three year Agreement with the IAFF, Local 469 for the Fire
bargaining unit. This contract represents the result of many months of negotiations between the parties
including mediation. The 2007-2009 economic settlement package is outlined below.
(continued on page 2)
Resolution X Ordinance X Other (Specify) Report
Contract X Mail to (name and address):
Funding Source All affected department operations budgets
APPROVED FOR SUBMITTALCity Manager
STAFF RECOMMENDATION:
(a) Adopt Resolution Authorizing the Execution of the Collective
Bargaining Agreement, and (b) pass the ordinance amending the
Yakima Municipal Code
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
Resolution adopted. RESOLUTION R-2007-155
(continued from page 1)
-Term:
•Wades:
(a) Effective 1/1/07:
Three year agreement effective 1/1/07-12/31/09.
(b) Effective 1/1/08:
(c) Effective 7/1/08:
(d) Effective 1/1/09:
(e) Effective 7/1/09:
•Premium Pays:
(a) Effective 1/1/07:
(b) Effective 1/1/08:
(c) Effective 1/1/09:
°Health Insurance:
0% wage adjustment; the base wages in effect 12/31/06
will remain in effect through 12/31/07.
Increase base wages by 5.0%
Increase base wages by 1.0%.
Increase base wages by 1.0% plus blended average of the
CPI -W West and Seattle indices, June -June, minimum
2.0% and maximum 4.0%.
Increase base wages by 1.0%
Increase technical rescue premium pay to 2.0% of top step
firefighter wage.
All special pays converted to percentage pays vs. flat
dollar premiums including MSA premium pay at 2.0%.
Increase premium pays by 5.0%/month and maintain flat
dollar premium pay compensation (e.g. Increase Trainer
Pay from $60/mo to $63/mo).
(a) Effective 1/1/07: Maintain the health insurance premium cost sharing
formula and contribution cap at $140/month for the
duration of the agreement.
•Holiday Leave:
(a) Effective 1/1/07: Increase annual holiday sell back from 48 hours to 72
hours at straight time.
•MERP Plan:
(a) Effective 1/1/08: City to contribute $45.00/month to the MERP plan for all
LEOFF 1I employees.
(b) Change sick leave cash out at retirement to 60% of accumulated sick leave with
a 1,440 hour cap, to be deposited directly in the MERP plan.
The total settlement package for 2007, 2008 and 2009 is estimated to be 12.71% or an average
annual increase of 4.24%. The proposed increased cost for 2008 is $415,128 and for the three
years is estimated at $1,228,379.
2. Collective Bargaining Settlements
The attached ordinance\ amends the Classification and Compensation Plan to implement wage
adjustments pursuant to current collective bargaining agreements effective January 1, 2008
and July 1, 2008 where required. The 2007-2009 AFSCME Municipal Collective Bargaining
agreement contains a percentage adjustment for 2008. The 2007-2009 Collective Bargaining
Agreements for the IAFF PERS and IAFF Public Safety Communications bargaining units
contain CPI based formulas for the 2008 wage adjustments and implementation of the "f" step
in the pay plan effective 7/1/08. Negotiations are ongoing with AFSCME-Transit. The
Memorandum of Understanding with the Battalion Chiefs for 2007-2009 contains CPI based
formulas for the 2008 wage adjustments and implementation of the "f step in the pay plan
effective 7/1/08. The Classification and Compensation Plan was amended earlier this year to
reflect the YPPA settlement for 2008.
3. Management Group Compensation Adjustments
Pursuant to my October 26, 2007 notice to the Council, this ordinance also incorporates the
management pay and compensation adjustments which would take effect pursuant to the
current formula prescribed in the Yakima Municipal Code, Section 2.20.116B. Based upon the
PACA formula, the 2008 PACA adjustments are 4.72% effective January 1, 2008 and 1.48%
effective July 1, 2008, for a total estimated cost of $680,000. A copy of the notice is attached
for reference.
4. Total Cost of Settlements for 2008 Budget
The 2008 Preliminary Budget includes the costs of these wage adjustments and costs are
estimated at $2,248,400.
Last, this classification and compensation ordinance includes housekeeping changes shown
below:
1. Reflects the change in the minimum wage effective January 1, 2008 and deletes
references to City Workers II, III and IV due to the adjustment in the minimum
wage effective January 1, 2008.
2. Compensation for Municipal Court Judge is set by YMC 1.60.040 (J) at 95% of
the District Court Judges salary as set by the State Salary Commission. The
District Court Judges salary was set at $134,232 per year. 95% equals
$127,520 or $10,626.86/month at Pay Code 1000 effective 9/1/07. For 9/1/08,
the District Court Judges salary was set at $141,710 per year. 95% equals
$134,624.50 or $11,218.71/month at Pay Code 1000. Because the City
adopted the formula of judges' compensation as set forth by the State
Administrative Office of the Courts (AOC), the city is eligible to receive a
revenue distribution from the State. For both 2007 and 2008, the estimated
revenue is $20,800 in each year.
3. Corrections to previous amendments of the Classification and Compensation
Plan discovered during the review of this section by the codifiers of the
Municipal Code. The corrections amending Subsection 2.20.100C provide for
the inclusion of the job titles for Public Safety & Education Officer (6340),
Technical Training Supervisor (6341), and Park Supervisor I (8111). Further,
this ordinance corrects Subsection 2.20.110C to correct the title of Computer
Operator/Programmer (2105).
MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING is made between the International
Association of Firefighters Local 469 (LEOFF) and the City of Yakima, Washington, and
is intended to amend Section 14.1 (b) of the 2007-2009 LEOFF Collective Bargaining
Agreement.
WHEREAS, the City of Yakima ("City" herein) is a charter city of the first class of the
State of Washington and is the employer of all members of the Yakima Fire Department.
WHEREAS, the IAFF Local 469 ("Union herein") is the exclusive bargaining
representative of the LOEFF firefighters who provide fire protection services and other
related fire department services within the City of Yakima
NOW, THEREFORE, in resolution and clarification of this situation, the following is
agreed by and between the City and Local 469:
Section 14.1 (b) shall be amended to state that all candidates testing for the positions of
Lieutenant or Captain shall complete both written and oral portions of the examination
before receiving their written score.
Both parties hereby agree by the terms and conditions set forth in this Memorandum of
Understanding.
This Memorandum of Understanding is executed this 1s1 day of May, 2008.
Randy R
Preside
IAFF Local 469
° Michael Wagner
Secretary -Treasurer
IAFF Local 469
Dick Zais
City Manager
City of Yakima
/If INS
AIN
Charlie Hines
Fire Chief
Yakima Fire Department
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