HomeMy WebLinkAboutR-2013-144 2014-2017 Collective Bargaining Agreement / IAFF LEOFF Firefighter through Captain (469)RESOLUTION NO. R-2013-144
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 Firefighters Unit (Firefighter through Captain) for wages,
hours, and working conditions for 2014-2017, 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 the
collective bargaining agreement for LEOFF Firefighters through the rank of Captain for 2014-
2017; and
WHEREAS, the bargaining unit has voted on and approved the attached proposed
collective bargaining agreement for 2014-2017; 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
2014-2017, 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
Firefighters unit for wages, hours, and working conditions for 2014-2017.
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 5th day of November, 2. 13.
Micah Cawley ayor
2014-2017
LEOFF COLLECTIVE BARGAINING
AGREEMENT
By and Between
Local 469
INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS, AFL-CIO
AND
THE CITY OF YAKIMA, WASHINGTON
EFFECTIVE:
January 1, 2014 through December 31, 2017
TABLE OF CONTENTS
ARTICLE No. PAGE
1 UNION RECOGNITION AND BARGAINING UNIT 1
2 UNION SECURITY 1
3 PAYROLL DEDUCTIONS l
4 MANAGEMENT RIGHTS 2
5 EMPLOYEE RIGHTS 3
6 PRODUCTIVITY 3
7 EQUAL OPORTUNITY CLAUSE 3
8 PROPERTY LIABILITY 4
9 GRIEVANCE PROCEDURE 6
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 17
16 FIRE DEPARTMENT RESERVES 17
17 WAGES 21
18 HEALTH CARE INSURANCE 21
19 LIFE INSURANCE 24
20 LONGEVITY PAY 24
21 SPECIAL PAYS 25
22 VACATION LEAVE AND KELLY DAYS 29
23 LEOFF EMPLOYEES HOLIDAYS 31
24 SICK LEAVE ACCRUAL/EXCHANGE FOR LEOFF EMPLOYEES 32
25 SICK LEAVE POOL 35
26 BIRTHING LEAVE/MATERNITY LEAVE 35
27 LIGHT DUTY FOR LEOFF II EMPLOYEES 36
28 COMPENSATORY TIME OFF 37
29 OVERTIME FOR LEOFF EMPLOYEES 37
30 DUTY WEEK FOR LEOFF EMPLOYEES 38
31 TOBACCO USE ON DUTY 38
32 PHYSICAL FITNESS 39
33 CREATION OF NEW LEOFF CLASSIFICATIONS 39
34 DEFERRED COMPENSATION FOR LEOFF EMPLOYEES 40
35 DISCIPLINE POLICY 40
36 MUNICIPAL CODE SECTIONS 40
37 ENTIRE AGREEMENT 42
38 NO PYRAMIDING 42
39 SAVINGS CLAUSE 42
40 MEDICAL SAVINGS ACCOUNT 43
41 MEMORANDUMS OF UNDERSTANDING 43
42 TERM OF AGREEMENT 44
APPENDIX A — DISCIPLINARY POLICY 46
APPENDIX B — SOP 3.001 DAILY STAFFING 51
ii
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 2014, 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.
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
Finance Officer of the City of Yakima of amounts to be deducted from the pay of
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International Association of Firefighters (IAFF)
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January 1, 2014 to December 31, 2017
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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International Association of Firefighters (IAFF)
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January 1, 2014 to December 31, 2017
(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 Iabor
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, RC W.
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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International Association of Firefighters (IAFF)
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January 1, 2014 to December 31, 2017
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.
9.1 Process.
Step 1: The Union grievance committee, upon receiving a written statement from
any source asserting a matter or situation exists which is claimed to constitute a
grievance shall determine whether or not, in its opinion a grievance does exist. If,
in the opinion of the committee, no grievance exists, no further action shall be
taken. If, in the opinion of the committee, a grievance does exist, then the
committee shall, with or without the member or members who asserted the
grievance, present the grievance in writing to the chief or his designee for
resolution. The claim of grievance shall specify the article of this agreement or
past practice, violation or application of which is claimed. The grievance must
also be presented to the chief or his designee within sixty (60) calendar days of
the date when the grievance arose.
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International Association of Firefighters (IAFF)
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January 1, 2014 to December 31, 2017
(a) Step 2 — Grievance Appealed To City Manager — If the Union Grievance
Committee is dissatisfied with the decision of the Chief of the Department,
the Committee may within twenty (20) working days request a review by
the City Manager. The City Manager shall forward a written decision to
the Committee within twenty (20) working days from the receipt of the
grievance.
(b) Step 3 — Grievance Appealed To Arbitration — A grievance which is not
resolved 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.
The arbitrator shall render a decision as promptly as possible. The
arbitrator shall confine himself/herself to the issues submitted for
arbitration and shall have no authority to determine any other issues not so
submitted to him/her. The arbitrator shall have jurisdiction and authority
only to interpret, apply or determine 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.
(c) 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 Step 3, above.
(d) 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
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International Association of Firefighters (IAFF)
LEOFF Bargaining Unit
January 1, 2014 to December 31, 2017
arbitration, but not both. After the Union Grievance Committee has
received the City Manager's answer at Step 2, 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 2
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.
9.2 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 ,
above.
(b) A grievance may be entertained in or advanced to any step in the
grievance procedure if the parties so jointly agree.
(c) The time limits within which action must be taken or a decision made as
specified in this procedure may be extended by mutual written consent of
the parties involved. A statement of the duration of such extension of time
must be signed by both parties involved at the step to be extended.
(d) Non -contract disputes only: Wages, hours and working conditions not
specifically covered by the terms and conditions of this Agreement shall
be subject to the grievance procedure up to, but not including, arbitration.
If the City and the grievant are unable to reach agreement at the City
Manager level, where the grievance is not subject to arbitration, a three
person board will be formed. Management will select one member and the
Union will select one member of the Board. The two members will select
the third member who shall act as chairperson. All members of this Board
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
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International Association of Firefighters (IAFF)
LEOFF Bargaining Unit
January 1, 2014 to December 31, 2017
bargaining, provided that notice of such conventions or conferences shall be given
at least one (1) week prior thereto to the Chief or Designee 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
Collective bargaining between the parties shall be carried out by the City Manager
or his designees, on behalf of the City Council, and a committee representing the
Union. No later than August 5 of each year, the Secretary of the Union and the
City Manager shall notify one another regarding the names of persons constituting
their respective bargaining committees. If a communication is forwarded previous
to that date, a response will be made within ten (10) working days.
11.2 Members of the Union negotiating committee, not exceeding three (3) in number,
shall be granted leave from duty without loss of pay for all meetings between the
City and the Union for the purpose of negotiating the terms of a contract during
the pre -impasse period as provided in RCW 41.56, as amended, when such
meetings take place at a time during which any such members are scheduled to be
on duty.
11.3 Members of the Union negotiating committee, not to exceed three (3) in number
shall be granted leave in the post -impasse period without loss of pay, except that
when such leave reduces the manpower level below that established as the
minimum manpower requirement of the Department, such leave shall be without
pay.
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
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International Association of Firefighters (IAFF)
LEOFF Bargaining Unit
January 1, 2014 to December 31, 2017
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. 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
The parties will bargain concerning emergency response staffing in the event of new
circumstances. These agreements shall be reduced to writing.
13.1 In the event Yakima Fire Department is dispatched to mutual or automatic aid
outside of any contracted service area and participation in such an event is
expected to exceed two (2) hours, the Shift Commander or designee will hire back
off-duty personnel to replace dispatched companies.
13.2 No employee shall respond to a fire emergency on an engine, brush truck or truck
company that is staffed by fewer than three career firefighters; provided that:
Airport Crash Rescue and Technical Rescue (TRT) 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.
13.3 In the event Yakima Fire Department is dispatched to mutual or automatic aid
outside of any contracted service area and participation in such an event is
expected to exceed two (2) hours, the Shift Commander or designee will hire
back off-duty personnel to replace dispatched companies.
13.4 Shift Commander 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.
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International Association of Firefighters (I AFF)
LEOFF Bargaining Unit
January 1, 2014 to December 31, 2017
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 and the sign-up notification shall be provided to the Union
and posted conspicuously not less than 60 days prior to the examination.
The sign-up period shall be for 60 calendar days prior to the closing of the
recruitment. 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 (50%)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 (50%) of the score.
The oral board shall consist of up to four (4) 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 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
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International Association of Firefighters (IAFF)
LEOFF Bargaining Unit
January 1, 2014 to December 31, 2017
no substitute board member can be found, the examination will be
postponed.
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. 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. The candidate must obtain a passing
score of 70% on the oral portion and 70% on the written portion of the
examination process to be ranked on the promotional register.
(c) For each examination, the Chief Examiner and the Fire Chief shall insure
that the examination is impartially administered and that except for such
assistance from the Human Resources Department as the Chief Examiner
requires, no other City personnel, including those outside the bargaining
unit, have prior access to, or prior notice of, specific examination
procedures or questions or the identity of the oral examiners selected for
the examination. In preparation for the creation of each examination,
representatives of the parties shall meet with the examiner and the
Employer shall identify the qualifications it seeks for its promoted
personnel. A Union representative may, at the Union's option, attend the
meeting or meetings, and may offer comments, suggestions or objections
regarding how the examination will be conducted. Candidates shall be
permitted to review their examination scores and obtain sufficient
information to 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
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International Association of Firefighters (1AFF)
LEOFF Bargaining Unit
January 1, 2014 to December 31, 2017
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) 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
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.
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International Association of Firefighters (IAFF)
LEOFF Bargaining Unit
January 1, 2014 to December 31, 2017
(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.
Filling a Vacancy
(4) 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
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.
(5)
(A) The employee(s) receiving a promotion to either a Captain
position or Lieutenant position shall be assigned a
pay rate of at least 5% above their current rate or the pay
rate of the D -step of the next higher pay grade, whichever
is greater. These employees will be increased to E -step at
the end of six months in their new position. (Per 05/26/01 LOA)
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.
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(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(0(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 Public Education Captain, Training Captain, Training Lieutenant and
Assistant Fire Marshal Recruitment and Selection Process.
a. The recruitment and selection process for the classifications of Public
Education Captain, 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 Public Education Captain, Training Captain and
Training Lieutenant. The letter of interest shall demonstrate the relevant
knowledge, skills and abilities of the position applied for.
d. Selection Process: For the classifications of Public Education Captain,
Training Captain and Training Lieutenant the rule of four shall apply.
Training Captain and/or Public Education Captain: The Chief shall select
a candidate to fill the Training Captain and/or Public Education Captain
position from a pool of at least 4 individuals consisting of:
1. Any Captain(s) Shift Commander 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.
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International Association of Firefighters (IAFF)
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The Chief will have a minimum of four (4) names using any combination
of the above 3 steps, however, Step 3 will only be used to the extent
needed to reach the four (4) person minimum. Captains may be
reappointed to the position if circumstances dictate and only once every
four (4) 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 Public
Education Captain, Training Captain and Training Lieutenant shall be
considered complete after twelve months of satisfactory service. In the event
an employee does not complete probation for any reason, the employee shall
be returned to their previously held classification.
f. Vacating Promotion: Any appointment to Public Education Captain, Training
Captain and Training Lieutenant may be vacated at any time due 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.
g.
After serving two years in the position of Public Education Captain, Training
Captain or Training Lieutenant, the appointed employee may request to be
transferred to suppression as a shift employee. Upon reasonable notice of
request to return to suppression, the Chief or designee shall transfer the
employee back to suppression at the rank previously held in their day shift
position.
Base Pay and Step Pay Increases:
(1) The base pay for the Public Education Captain and the Fire Training
Captain shall equal Pay Code 506.
(2) The base pay for the Fire Training Lieutenant shall equal Pay Code
527.
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International Association of Firefighters (I AFF)
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January 1, 2014 to December 31, 2017
(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.
B. Assistant Fire Marshal Recruitment and Selection Process.
(a) The recruitment and selection process for the classification of Assistant
Fire Marshal is defined below.
(b) Eligibility Requirements: Applicants for Assistant Fire Marshal shall
possess a minimum of five (5) years of service with the Yakima Fire
Department as a career Firefighter.
In the event less than three Yakima Fire Department employees apply for
Assistant Fire Marshal, and the Chief elects to advertise the vacancy to the
general public, those applicants also shall possess a minimum of five (5)
years of continues paid service as a career Firefighter.
(c) Job Announcement: The job announcement shall indicate the date of the
oral board and shall provide 30 days advanced notice of the oral board.
(d) Application Process: Applicants will submit a letter of interest, resume
and certificates to the Fire Chief for the positions of Assistant Fire
Marshal. The letter of interest, resume and certificates shall demonstrate
the relevant knowledge, skills and abilities of the position applied for.
(e) Oral Board Composition: The oral board will consist of three (3)
members. Two (2) members of the oral board shall be selected by the Fire
Chief and one (1) shall be selected by Local 469.
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. 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.
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International Association of Firefighters (IAFF)
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January 1, 2014 to December 31, 2017
(f) Oral Interview Process: The oral board shall be provided copies of each
applicant's letter of interest, resume and certificates. Additionally, the
oral board will be provided oral interview questions and rating factors for
each classification tested. The interview questions, rating factors and
weights of the rating factors shall be prepared by the Fire Chief and Chief
Examiner.
(g) Scoring of Oral Interviews: The oral board will score individual
candidates based upon their letter of interest, resume and certificates as
well as their responses to the oral interview questions. Candidates must
achieve an overall passing score of 70% and then will be subsequently
ranked numerically on the register based on their interview process score.
(h) Maintenance of the Register: The register shall be created and maintained
by the Chief Examiner. The register shall be valid for two years or until
exhausted. The register may be considered exhausted when one (1) or less
candidates are available for certification for promotion.
(i) Selection Process: For the classifications of Assistant Fire Marshal the
rule of three shall apply. The Chief Examiner shall certify to the Fire
Chief, the names of the three (3) top scoring candidates. If less than three
names constitute the register, those names shall be certified to the Fire
Chief. In the event there are less than two (2) candidates who are willing
to accept the position, the Fire Chief may open the recruitment to the
general public.
(j) Probationary Period: The probationary period for the classifications of
Assistant Fire Marshal shall be considered complete after twelve months
of satisfactory service. In the event an employee does not complete
probation for any reason, the employee shall be returned to their
previously held classification.
(k) Vacating Promotion: Any appointment to Assistant Fire Marshal may be
vacated at any time due 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.
14.3 Fire Department Shift Commander Recruitment and Selection Process.
(a) The recruitment and selection process for the classifications of Fire Shift
Commander is defined in the General Rules and Regulations of the Civil
Service Commission for Fire Department Employees of The City of Yakima.
(b) Promotional Eligibility
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International Association of Firefighters (IAFF)
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January 1, 2014 to December 31, 2017
Eligibility requirements must be met by the first day of testing.
(1) Shift Commander: Five (5) years of service with the Yakima Fire
Department as a Company officer and completion of probation as a
Captain are required to be eligible to test for Shift Commander.
(2) Candidates for Shift Commander must have also completed the
Commander Academy portion of the Shift Commander task book
prior to being eligible to act as Shift Commander or promote to the
position of Shift Commander.
ARTICLE 15 — REFRESHMENT FUNDS
15.1 The Union may authorize bargaining unit members to furnish in-house
refreshments; provided that any proceeds from such activities shall be used in-
house for the benefit of bargaining unit members or, upon approval by the Union,
donated to charitable organizations. The Union shall be responsible for insuring
that the refreshment funds are administered consistent with applicable law.
ARTICLE 16 — FIRE DEPARTMENT RESERVES
16.1 The reservists are volunteers who are reimbursed pursuant to Section 1.44.180 (F)
of the City of Yakima Municipal Code.
16.2 The purpose of the reserves is to augment and support total manpower, not
replace bargaining unit personnel.
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:
(1) Must complete an application for Volunteer Reserve Firefighter
Program;
(2) Must be a high school graduate or equivalent;
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International Association of Firefighters (IAFF)
LEOFF Bargaining Unit
January 1, 2014 to December 31, 2017
(3)
(4)
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)
(2)
(3)
Must successfully complete the existing basic training academy for
Combat Reserves (a minimum of 40 hours).
Must complete Basic First Aid class.
Must satisfactorily complete a basic competency test consisting of:
(A) Demonstrate donning and wearing of protective
clothing.
(B) Demonstrate proper technique of taking a hydrant.
(C) Don and place into service a SCBA.
(D) Shoulder load a l '/4" 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:
(1)
(2)
(3)
(4)
Complete IFSTA Firefighter I Program with passing score of 70%.
Complete driver training course and apparatus competency testing
program as established for Brush Trucks, Tenders, and other
Support Vehicles.
Complete and pass the E.V.A.P. course.
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.
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International Association of Firefighters (IAFF)
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(e) At the completion of the first year, a performance evaluation will be
conducted, with a satisfactory rating required. It is required that the
Reserve Firefighter complete the following within the second twelve (12)
months.
(1) Complete IFSTA Firefighter II Program with a passing score of
70%.
(f) All Reserves would be required to meet the following standards
throughout the year. The combat Reserve Firefighter shall:
(5)
(6)
(7)
(8)
(9)
Attend a minimum of two (2) Monday night drills each month.
Take and pass the "On Target" physical fitness test per Yakima
Fire Department standards.
Take and pass the "Combat" physical fitness test per Yakima Fire
Department standards.
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.
Maintain E.V.A.P. certification.
Maintain Basic First Aid card.
Attend at least 75% of all required training and make up all missed
required training within the calendar year.
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 times be under the supervision of a
paid officer or paid acting officer. This would allow neighborhood
recruiting and provide an opportunity to increase minority and
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.
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International Association of Firefighters (IAFF)
LEOFF Bargaining Unit
January 1, 2014 to December 31, 2017
(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:
(a) Reserves would respond to alarms as the 4th or 5th person ride -outs on
apparatus having a minimum career staffing of 3.
(b) Off duty reserves would respond to Station #2 when toned -out. Reserves
will be assigned to bring Support Vehicles to emergency scenes or
assigned to career crews at the scene. Reserve personnel will normally
staff a Support Vehicle with 2 people and a maximum of 3.
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International Association of Firefighters (IAFF)
LEOFF Bargaining Unit
January 1, 2014 to December 31, 2017
(c) Reserve personnel shall respond Code II
request of the Officer in charge at scene.
16.9 Mutual Aid Response. Reserves responding on
follows:
(a) 4th or 5th person on responding pumpers.
(b) 3`d person on a brush truck or tender.
(c) As driver and support with the air truck
16.10 Preference Points
except when
Mutual Aid
upgrading at the
shall respond as
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 1-1-2014, the base salary of bargaining
by 2%.
17.2 Effective 1-1-2015, the base salary of bargaining
by 2%.
17.3 Effective 1-1-2016, the base salary of bargaining
by 2.5%.
17.4 Effective 1-1-2017, the base salary of bargaining
by 2.5%.
ARTICLE 18 — HEALTH CARE INSURANCE
18.1 Medical, Vision and Dental Care Coverage:
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International Association of Firefighters (IAFF)
LEOFF Bargaining Unit
January 1, 2014 to December 31, 2017
unit members will be increased
unit members will be increased
unit members will be increased
unit members will be increased
(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 dependents 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) Dependent Health Care Premium Contributions. The City and the
employee shall share dependent medical program premiums per month
contribution level on a 50% by the employer and 50% by the employee
basis, with a maximum employee contribution of $140.00 per month. The
$140.00 maximum shall continue through2016, subject to the reopener
Section 18.5.
(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
normal 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.
(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.
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International Association of Firefighters (IAFF)
LEOFF Bargaining Unit
January 1, 2014 to December 31, 2017
(c) Other dependents of retirees may remain in the group health care plan as
long as they remain eligible under the provisions of the plan or when
coverage for the retiree and spouse, or, the spouse of deceased retiree
terminates, at which time such dependent insurance coverage would cease
regardless of the age of the dependents.
(d) Retirees, or spouses of deceased retirees, shall pay the premium and other
shared dependent coverage costs (including dependents if enrolled), which
shall be based on the same formula as active employees and dependents
within the bargaining unit. Premiums shall be paid by deduction from
retirement checks paid to retired employees or their beneficiary.
18.4 Disability Insurance. The Union has executed a disability life insurance policy
with Standard Insurance Company that provides both short-term and long-term
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 them 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.
(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
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International Association of Firefighters (IAFF)
LEOFF Bargaining Unit
January 1, 2014 to December 31, 2017
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 one hundred percent (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.
18.5 The parties agree that no later than August 2016, the contract will be reopened to
bargain Article 18 Health Care Insurance for 2017.
ARTICLE 19 — LIFE INSURANCE
19.1 The City will provide, without cost to the employee, $100,000 in face amount of
life insurance.
ARTICLE 20 — LONGEVITY PAY
20.1 The City will pay longevity pay upon satisfactory completion of the following
service and at the designated rate:
Service in Years
Completed
Percent of Base Pay
4
2.0%
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International Association of Firefighters (IAFF)
LEOFF Bargaining Unit
January 1, 2014 to December 31, 2017
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. In the event the acting period is less than four (4) hours, the
Battalion Chief may choose to fill the acting assignment with a qualified actor to
minimize excessive movement of personnel.
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.
In order to minimize station transfers, an acting Lieutenant may
turn down a temporary acting assignment that would create a
station transfer, provided that a qualified actor at that station is
available and willing to fulfill the acting assignment. 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
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International Association of Firefighters (IAFF)
LEOFF Bargaining Unit
January 1, 2014 to December 31, 2017
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.
(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. Commissioned Fire Investigators shall
receive monthly differential pay of 3.5% of the top step firefighter.
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International Association of Firefighters (IAFF)
LEOFF Bargaining Unit
January 1, 2014 to December 31, 2017
(b) Certified Fire Investigators. Certified Fire Investigators will receive
differential pay of 3.0% of the top step firefighter per month.
(c) Non-certified/Non-commissioned Shift Investigators. Non-certified/Non-
commissioned shift investigators will receive a differential pay of 2.0% of
the top step firefighter per month.
21.8 MSA Repairpersons. 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 top step firefighter per month. The City will allow up to six (6)
Local 469 LEOFF members of any rank to participate in the YFD MSA Repair
Program.
21.9 Technical Rescue. Members of the technical rescue team shall receive differential
pay of two percent (2%) of the top step firefighter per month.
(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 on the effects of the change(s).
(c) City business will be granted to those members taking Rescue System 1 initial
training. Off-duty personnel will be compensated at the overtime rate pursuant
to the existing IAFF 469 CBA.
(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
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International Association of Firefighters (IAFF)
LEOFF Bargaining Unit
January 1, 2014 to December 31, 2017
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
shall be known that said member shall be attending as an employee of the
City.
21.10 ARFF (Aircraft Rescue and Fire Fighting). The City will determine the number
of personnel to be certified as ARFF responders that may be assigned to Crash
Truck duties at the Airport. The City shall compensate said members a monthly
percentage of two percent (2%) of the top step firefighter.
21.11 K-9 handler pay. The K-9 handler shall receive differential pay of 4.5% of the top
step firefighter.
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 top step firefighter.
(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 forty (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
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International Association of Firefighters (IAFF)
LEOFF Bargaining Unit
January 1, 2014 to December 31, 2017
(g)
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
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 one hundred percent (100%) by the City of Yakima. This
cost shall not be a part of nor reflected in the members' negotiated
Medical Benefit Plan.
21.13 Specialty Assignment Selection Process. The parties agree to meet and confer on
a policy regarding the selection process for specialty assignments.
21.14 The City shall compensate members a monthly percentage of two percent (2%) of
the top step firefighter upon successful certification of bilingual ability in Spanish.
ARTICLE 22 — VACATION LEAVE & KELLY DAYS
22.1 Vacation Leave. Effective January 1, 2013, 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
8.0
96
204
3-7
9.32
112
236
7-10
11.32
136
284
10-15
13,32
160
332
15-20
15.32
184
380
20 +
17.32
208
428
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International Association of Firefighters (IAFF)
LEOFF Bargaining Unit
January 1, 2014 to December 31, 2017
22.2 Effective January 1, 2013, 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
14
168
348
5-10
16
192
396
10-15
18
216
444
15-20
20
240
492
20+
22
264
540
22.3 Service in years for LEOFF classifications is defined as the most recent period of
employment unbroken by voluntary termination, voluntary retirement, voluntary
leaves of absence in excess of thirty (30) days or termination for cause. Such
service shall not be considered broken by period of disability retirement, or leave
without pay in excess of thirty (30) days for medical reasons, if approved by the
Fire Civil Service Commission during which times no service credit shall accrue.
Layoff shall not be considered a break in service providing that failure to accept
the first offer of reemployment for any reason shall constitute a break in service.
(No service credit shall accrue during periods of layoff.)
22.4 If a LEOFF employee is transferred from twenty—four (24) hour shift schedule to
day shift and is over the day shift maximum accrual, said employee will be given
an opportunity to use up leave within six (6) months from the date of transfer.
22.5 Scheduling of Vacation, Kelly Days, and Days Off in Lieu of Holidays for
LEOFF Employees.
(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) 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.
22.6 For LEOFF classifications, any vacation accumulated over the stated limits shall
be paid at one hundred percent (100%) of base wage as of December 31 of each
year; provided, however, at least sixty-five percent (65%) 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
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International Association of Firefighters (IAFF)
LEOFF Bargaining Unit
January 1, 2014 to December 31, 2017
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.
22.8 Shift commander shall submit an annual schedule Kelly days no later than
December 31 for the following year. Days will be entered into the TAMS
calendar. Each Shift Commander shall have no more than one (1) Kelly Day per
Kelly Day period. Kelly Days within a period cannot be changed once the period
begins. Shift Commander Kelly Days and Earned leave days shall not count as
one of the five (5) time off slots per shift per Section 22.5(a).
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
month's shifts in order to receive holiday credit for the month in which
they were hired.
(b) Employees transferring from days to shifts will receive holiday credits at
the rate 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
one hundred percent (100%) of the base wage as of December 31 of each year up
to a maximum of ninety-six (96) 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
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International Association of Firefighters (IAFF)
LEOFF Bargaining Unit
January 1, 2014 to December 31, 2017
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 sixty percent (60%)
of hours at one hundred percent (100%) of the employee's current base
pay. To qualify, the employee must have at least twenty (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 1080 hours or less will
be exchanged for pay at the rate of twenty-five (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 fifty percent (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 one hundred percent (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 sixty percent (60%) of hours at
one hundred percent (100%) of the employee's current base pay. To
qualify, the employee must have at least twenty (20) years of service
within the LEOFF II pension system.
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International Association of Firefighters (IAFF)
LEOFF Bargaining Unit
January 1, 2014 to December 31, 2017
(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 fifty percent (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 three
(3) shifts of sick leave for each additional vacation shift, not to exceed a
total of five (5) added vacation shifts annually, utilization of which would
be subject to the scheduling and approval of the department head.
(d) Upon involuntary termination under honorable conditions, e.g., layoff for
budget reasons, 1080 hours of accrued sick leave up to a cap of 1440
hours will be exchanged for pay at the rate of fifty percent (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 one hundred percent (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:
(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 twenty-four (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 for cash will be
granted for employees with 720 hours or less of accrued sick leave, except:
33
International Association of Firefighters (IAFF)
LEOFF Bargaining Unit
January 1, 2014 to December 31, 2017
(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 sixty percent (60%)
of the employee's current base pay. To qualify, the employee must have at
least twenty (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 twenty-five percent (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 fifty percent (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 one hundred percent (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 sixty
percent (60%) of the employee's current base pay. To qualify, the
employee must have at least twenty (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
of 1040 hours will be exchanged for pay at the rate of twenty-five (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 fifty percent (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 one hundred percent (100%) of the
employee's current base pay.
34
International Association of Firefighters (IAFF)
LEOFF Bargaining Unit
January 1, 2014 to December 31, 2017
(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 twenty-
four (24) hours of sick leave for an additional vacation leave day eight (8)
hours, not to exceed a total of forty (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 thirty-two (32) hours accrued or a percentage thereof for
smaller accruals. Such pay will appear on the employee's final paycheck for the
year.
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). (Refer to Article 40 of this agreement)
ARTICLE 25 — SICK LEAVE POOL
25.1 Local 469 Executive Board will manage and is solely responsible for the
administration of the IAFF Sick Leave Pool and the processing of requests.
All requests processed by the Payroll Office by the fifteenth (15th) of a month
shall be effective for that month.
Records of all transactions from the leave pool to the recipient will be maintained
by the Payroll Office. If specific medical information is submitted it will be
maintained in the employees' medical file in the Human Resources Office.
ARTICLE 26 — BIRTHING LEAVE/MATERNITY LEAVE
26.1 Pregnancy and maternity/paternity leave will be treated in accordance with state
and federal law.
35
International Association of Firefighters (IAFF)
LEOFF Bargaining Unit
January 1, 2014 to December 31, 2017
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
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.
36
International Association of Firefighters (IAFF)
LEOFF Bargaining Unit
January 1, 2014 to December 31, 2017
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.
(a) 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.
(b) In the event that any union member, with written approval attends an
unpaid off duty training related to his/her duties as a Yakima Fire
Department employee, it shall be known that the member is attending as
an employee of the City of Yakima and as such, is covered by workers
compensation insurance.
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.
37
International Association of Firefighters (IAFF)
LEOFF Bargaining Unit
January 1, 2014 to December 31, 2017
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
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.
29.6 Any hiring for less than ten hours may 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.
ARTICLE 30 — DUTY WEEK AND SCHEDULE 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 24-hour shift LEOFF employees shall be assigned to the "48-96" shift.
30.3 The employees serving in the positions of Public Education Captain, Assistant
Fire Marshal, Training Captain, and Training Lieutenant shall work a day 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.
30.4 For the purpose of this agreement, "shift employees" are defined as those
employees working 24 hour shifts. "Day Shift Employees" are defined as those
employees assigned to a 40 hour work week.
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
38
International Association of Firefighters (IAFF)
LEOFF Bargaining Unit
January 1, 2014 to December 31, 2017
Department. Violations of these provisions shall constitute a basis for disciplinary
action to be handled in accordance with normal disciplinary procedures.
ARTICLE 32 — PHYSICAL FITNESS
32.1 For LEOFF employees, there shall be established a physical fitness committee.
Composition of the committee shall consist of:
(a) Two members designated by the Fire Chief.
(b) Two members of the bargaining unit.
(c) One member from outside the department, selected by the other four
members to serve as chairperson. The outside representative should have
the following professional characteristics: Experience or education in
physical fitness, or medicine or related field.
32.2 The purpose of the committee is to develop a physical fitness program, establish
policy, manage the on-going program and make appropriate recommendations on
awards and/or discipline.
32.3 The Physical Fitness Program established by the Physical Fitness Committee shall
be reviewed and revalidated annually by the Department and the Union. The
program and the policy governing this program shall not be changed except by the
mutual consent of the Department and the Union.
32.4 Both parties have agreed to jointly work on addressing issues and programs
pertaining to physical fitness.
32.5 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 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 is responsible for scheduling his/her medical
examination within the month of their birthday.
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.
39
International Association of Firefighters (IAFF)
LEOFF Bargaining Unit
January 1, 2014 to December 31, 2017
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
four percent (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.
34.3 If 50% or more of the members of the bargaining unit elect to enroll in the new
TAFF program, then 100% of the members shall move to the IAFF deferred
compensation program.
ARTICLE 35 — DISCIPLINE POLICY
35.1 Policy Supersedes: The Disciplinary Policy is incorporated into this
Agreement and is attached hereto as Appendix A. In accordance with
relevant PERC decisions and by agreement of the Parties should a conflict
occur between the provisions of collectively bargained Appendix A and the
provisions of Rule XIX - Disciplinary Actions, contained in the General Rules
and Regulations of the Civil Service Commission For Fire Department Employees
of the City of Yakima then such conflict shall be resolved in favor of the
provisions in Appendix A which shall supersede. Where there is no conflict
between Appendix A and Rule XIX the provisions of each shall equally apply to
employee discipline.
35.2 Election of Remedies: The use of the CBA grievance procedure will constitute an
election of remedies. Except as provided for in Article 9.3 (h), an employee
seeking redress through the Labor Agreement may not seek judgment of the
same matter through the Civil Service Commission.
ARTICLE 36 — MUNICIPAL CODE SECTIONS PERTAINING TO LEOFF
EMPLOYEES
2.01
2.04.010
2.04.030
2.16
2.16.010
Group Insurance
Plan Adopted
City Contributions
Bonds For Officers
Bonds Required — Amount
40
International Association of Firefighters (IAFF)
LEOFF Bargaining Unit
January 1, 2014 to December 31, 2017
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 Time -off Privileges — Vacation Leave
2.22.070 Time -Off Privileges — Compassionate Leave
2.22.075 Time -Off Privileges — Sick Leave
2.22.80 Holidays
2.24 Longevity Plan
2.24.010 Longevity Plan — Eligibility - Restrictions
2.24.015 Longevity Plan — Service Recognition Award
2.24.20 Leave Of Absence for Service in Armed Forces
2.40 Leaves of Absence
2.40.010 Eligible Employees
2.40.020 Vacation Leave
2.40.030 Sick Leave
2.40.040 Civil Leave
2.40.050 Military Leave
2.40.060 Leave Without Pay
2.40.70 Unauthorized Absence
2.44 Lobbying by City Personnel
2.44.030 Permitted Activities of Representatives
2.44.040 Payment for Services of Representatives
2.44.050 Prohibited Expenditures
2.44.060 Ethical Practices and Conduct
41
International Association of Firefighters (rAFF)
LEOFF Bargaining Unit
January 1, 2014 to December 31, 2017
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.
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.
42
International Association of Firefighters (IAFF)
LEOFF Bargaining Unit
January 1, 2014 to December 31, 2017
40.2 Conversion of Sick Leave Cash out to Retiree Medical Savings Account.
(a) 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) Effective July 1, 2012, the City shall pay a $75.00 Dollar monthly
contribution on a pre-tax basis for each LEOFF II employee covered by this
Agreement, to the Washington State Council of Fire Fighters (WSCFF)
Employee Benefit Trust. The Union shall have the option to increase their
contribution by payroll deduction.
(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 month's
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— MEMORANDUMS OF UNDERSTANDING (MOU's)
41.1 The parties acknowledge that the need for a Memorandum of Understanding
(MOU) may arise during the term of this agreement. All MOU's developed
43
International Association of Firefighters (IAFF)
LEOFF Bargaining Unit
January 1, 2014 to December 31, 2017
during the course of this agreement shall be incorporated as appropriate in the
successor agreement as negotiated and agreed upon by the parties.
ARTICLE 42 – TERM OF AGREEMENT
42.1 This Agreement shall be deemed effective from and after the 1st day of January
2014 through the 31st day of December,2017; 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 5� day of /id En 3 ` , 2013
Recommended by:
LOCAL 69, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO
By:
Jeremy ''.; "'guez
Presid t, Local 469
IAFF
By:
Nick S oanVice President, Local 469
IAFF
By:frJ�—
Mike Wagn r
Secretary -Treasurer, Local 469
IAFF
B
Dave Willson
Fire Chief
44
International Association of Firefighters (IAFF)
LEOFF Bargaining Unit
January 1, 2014 to December 31, 2017
AT
By:
Sonya Claar-T
City Clerk
(6,
City Contract N
Resolution No.
International Association of Firefighters (IAFF)
LEOFF Bargaining Unit
January 1, 2014 to December 31, 2017
APPENDIX A
Yakima Fire Department
DISCIPLINARY POLICY
Purpose: To increase professionalism, improve morale, improve
manager/employee relations, foster long-term positive change, and deter future
performance deficiencies.
The City of Yakima Fire Department and Yakima Public Safety Communications Center
hereby adopts the following disciplinary guidelines, relating to the administration a process
of corrective disciplinary actions.
This policy is in addition to any applicable policies, SOPs, and guidelines regarding
disciplinary action applicable to bargaining unit members, including the Fire Civil
Service Rules and Regulations.
Procedure
A. Progressive Discipline
The process of progressive discipline is intended to assist the employee in overcoming
performance problems and to meet job expectations. Progressive discipline is most
successful when it assists an individual in becoming an effective and productive member
of the organization.
Failing that, progressive discipline enables the organization to address misconduct or sub-
standard performance of employees who demonstrate an unwillingness or inability to
improve.
Generally, there are four main types of corrective disciplinary action; oral reprimand,
written reprimand, suspension, and discharge. Demotions, deductions of pay within the
pay range, and other forms of discipline may also be used depending on the
circumstances. The four main types of corrective discipline are defined as follows:
1. Oral Reprimand — Any instance in which an employee is issued an oral reprimand
for an infraction or performance deficiency by any supervisor.
An oral reprimand shall include all of the following:
• A meeting with the employee and his/her immediate supervisor.
• The employee informed that this is an oral reprimand
46
International Association of Firefighters (IAFF)
LEOFF Bargaining Unit
January 1, 2014 to December 31, 2017
• Oral reprimands will be memorialized by memo to include the date and time of
the infraction, the department policy, SOP or guideline that has been violated,
an action plan to correct the behavior and action necessary to avoid further
discipline.
• A memo documenting receipt of the oral discipline shall be signed by the
individual and the immediate supervisor. This memo is to be filed with the
Deputy Chief or Assistant Communications Manager and a copy is to be
provided to the employee. Memo is not placed in employee's personnel file.
2. Written Reprimand — Any instance in which an employee is formally issued a
written reprimand document for an infraction or performance deficiency by any
supervisor.
Written reprimand shall include all of the following:
• A meeting with employee, immediate supervisor,
• The employee informed that this is a formal written reprimand.
• Written reprimands will be memorialized by a letter which shall document date
and time of the infraction, the department policy, SOP, or guideline that has been
violated, the previous related discipline, an action plan to correct the behavior
and action necessary to avoid further discipline.
• A copy shall be maintained in employee's personnel file and given to the
employee.
3. Suspension — Any instance in which any employee is released from duty without pay
from city service.
If subsequent to a satisfactory investigation, suspension of an employee is the
contemplated level of discipline the process shall include all of the following:
• Provide the employee with a pre -disciplinary letter that schedules the
"Loudermill" meeting with the employee.
• The pre -disciplinary letter shall inform the employee of the alleged policy, SOP
or guideline violation, including time and date. Also include any previous related
discipline, violations and the anticipated level of discipline
• A discipline letter will be issued informing the employee of the length of the
suspension, containing an action plan designed to correct the behavior. The letter
will also contain action necessary to avoid further discipline and detail the
employee's return to work.
• The original disciplinary letter will be provided to the employee and a copy of
the pre -disciplinary and disciplinary letters will be maintained in the employee's
personnel file.
4. Discharge — Any instance in which an employee is involuntarily terminated from city
service.
47
International Association of Firefighters (IAFF)
LEOFF Bargaining Unit
January 1, 2014 to December 31, 2017
• If subsequent to a thorough investigation, discharge of an employee is the
contemplated level of discipline the process shall include all of the following:
• Provide the employee with a pre -disciplinary letter that schedules the
"Loudermill" meeting with the employee.
• The pre -disciplinary letter shall inform the employee of the alleged
policy, SOP or guideline violation, including time and date. Include
previous related discipline and violations and anticipated level of
discipline.
• A discipline letter will be issued that informs the employee of the effective date
of the discharge and appeal process.
• The employee will be given the original disciplinary letter and a written copy of
the pre -disciplinary and disciplinary letters will be maintained in the
employee's personnel file.
B. Progressive Disciplinary Process
When a sub -standard performance persists despite informal counseling, coaching or
remedial training, an increase in the level of disciplinary action will be initiated and
directed toward correcting the behavior. Continuing offenses, which alone may justify
nothing more severe than a written reprimand, may be cause for more serious discipline up
to and including discharge should the employee not make the corrections required. The
Progressive Disciplinary process will utilize only the level of discipline and corrective
action necessary to achieve the improved performance and deter future rule violations.
All oral reprimands shall be placed on file in the Deputy Chief or Assistant Communications
Managers office. Oral reprimands are not to be placed into the employee's personnel file
and shall be removed from the Deputy Chief or Assistant Communications Managers file
upon request of the employee after two years.
Written and suspension documentation shall be placed in the employee's personnel file.
Time begins the day the documents are filed into the employee's personnel file. The
documentation shall be removed upon request of the employee after two years.
Consistent with the Fire Civil Service Rules and Regulations, an employee disciplined
under this policy may file with the Civil Service Commission a written request for a
hearing, within 15 days from the time of receipt of written notice of such discipline,
whereupon, consistent with the Rules, the Commission shall conduct such hearing. Failure
to file such written request within the time specified shall be deemed a waiver of any right
of review.
48
International Association of Firefighters (IAFF)
LEOFF Bargaining Unit
January 1, 2014 to December 31, 2017
C. Definitions of levels of infraction:
Minor Infraction — Any violation that does not compromise safety, efficiency, or the
ability to properly respond to or process an emergency call. Violations of this type may
rise to the level of an oral or written reprimand. Multiple violations may rise to the
level of termination.
Examples but not limited to:
• Tardiness
• Inefficiency or inattention to duties
• Failure to maintain satisfactory and harmonious working relationships
(depending on the extent, this may be considered a more serious infraction).
More Serious Infraction — Any violation that compromises the integrity of the
department or the city or which the consequences cause only minor disruption of work.
Violations of this type may rise to the level of a reduction in pay, suspension or demotion.
Multiple violations may rise to the level of termination.
Examples but not limited to:
• Careless, negligent or improper use of City property
• Releasing confidential information without proper authority
• Unauthorized absence or improper use of any type of leave
• Public defamation of character or the organization
Intolerable Infraction — Any action that endangers the safety, health, or well-being of
another person. The act is of sufficient magnitude that the consequences cause disruption
of work or gross discredit to the Department or City of Yakima. Violations of this type may
rise to the level of immediate termination.
Examples but not limited to:
• Fighting with the intent to do bodily harm
• Insubordination, open and willfully defying of an order
• Consumption or distribution of alcohol or illegal drugs on duty
• Falsification, fraud, or willful omission of information related to the job
• Endangering of coworkers and/or civilians due to reckless behavior
• Pattern of performance deficiencies
D. Probationary Employees
These guidelines are designed to promote corrective discipline and do not apply to
probationary employees.
49
International Association of Firefighters (IAFF)
LEOFF Bargaining Unit
January 1, 2014 to December 31, 2017
E. Training
In order to assist supervisors in enforcing this policy and applying discipline uniformly,
labor and management will cooperatively present training to all supervisors.
50
International Association of Firefighters (IAFF)
LEOFF Bargaining Unit
January 1, 2014 to December 31, 2017
Appendix B
LEOFF CBA
Effective date: 1-1-2014 through 12-31-2017
SOP 3.001
TITLE: Daily Staffing
OBJECTIVES:
A. To provide guidance for maximizing daily staffing levels within defined
budgetary parameters
B. To incorporate a dynamic model that allows for fluctuations in daily staffing
levels due to peak times/peak seasons, training opportunities, special events and
excessive unforeseen personnel shortages
C. To provide guidance for the assignment of Floating Lieutenants
Staffing will be assigned with these priorities in mind:
1. Eliminate brown -outs (5 companies or less) within the means available.
2. Increase training opportunities for Company Officers for command positions and
implement succession training for future officers.
3. Increase manpower during peak emergency response times and/or weather
conditions.
PROCEDURES:
1. Shift Commanders — in collaboration with the Operations Deputy Chief, will
strive to maintain a minimum daily staffing goal of 20 personnel with a base
deployment model consisting of:
a. 1 Shift Commander
b. 1 ARFF
c. 5, 3 -person Engine Companies
d. 1, 3 -person Truck Company
51
International Association of Firefighters (IAFF)
LEOFF Bargaining Unit
January 1, 2014 to December 31, 2017
2. Regularly -scheduled staffing in excess of 20 personnel may be assigned in the
following manner:
a. To create a 4 -person Truck and/or Engine Company
b. Assigned to the Shift Commander for professional development
c. To staff additional apparatus
3. Shift Commanders — in collaboration with the Operations Deputy Chief, will
make determinations on appropriate times to augment or decrease staffing that is
in the best interest of the City. Examples of those times include:
a. Daily and/or seasonal call volume increases (peak times)
b. Training evolutions
c. Extreme weather
d. Special events
e. Inordinate number of personnel illnesses or injuries
4. Floating Lieutenants are those who are the most junior and off probation will not
have permanent station assignments. Daily assignments for the Floating
Lieutenants may include the following:
a. If daily staffing is such that all company officer positions are filled, the
Floating Lieutenant may be assigned the number 3 or 4 position on an
apparatus
b. If daily staffing lacks one or more company officers, the Floating
Lieutenant shall be assigned one of those positions
c. Floating Lieutenants may also be assigned to the Shift Commander for
professional development, or to cover the position of another company
officer who has been assigned to the Shift Commander for professional
development.
SCOPE:
1. It shall be the responsibility of the Shift Commanders to work collaboratively
with the Operations Deputy Chief to determine daily staffing levels that are based
upon dynamic situational needs, and to assign personnel accordingly.
DAVID A. WILLSON
FIRE CHIEF
52
International Association of Firefighters (IAFF)
LEOFF Bargaining Unit
January 1, 2014 to December 31, 2017
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 0
For Meeting of: 11/5/2013
ITEM TITLE: Resolution authorizing execution of 2014-2017 CBA with
IAFF LEOFF Unit (firefighters).
SUBMITTED BY: Tony O'Rourke, City Manager
Cheryl Ann Mattia, HR Manager
SUMMARY EXPLANATION:
The attached resolution authorizes ratification of a 4 -year Agreement with the IAFF, Local 469
for the Firefighter through Captain bargaining unit. This contract represents the result of good
faith negotiations between the parties. The 2014-2017 settlement package is outlined below.
o Effective 01.01.14 base salary increased 2%
o Effective 01.01.15 base salary increased 2%
• Effective 01.01.16 base salary increased 2.5%
• Effective 01.01.17 base salary increased 2.5%
• In the past 10 years, the average annual IAFF LEOFF increase was 3.8%
• The training budget that was reduced in 2011 and 2012 will be restored to $75,000 to
facilitate proper skill and succession training for the Fire Department.
• Effective 1/1/14, the Fire Department overtime budget will be increased by a minimum of
$250,000 to properly staff the fire department apparatus and eliminate brownouts.
• The Training Lieutenant position has been left vacant for many years due to budget
constraints causing the EMS Captain to fill both roles. The training lieutenant position will
be restored effective 1/1/14.
• Effective 1/1/14 the City will hire 2 additional firefighters and maintain a minimum of 78
shift personnel.
• Effective 1/1/14 the City will hire 3 shift commanders in lieu of Battalion Chiefs.
• The West Valley Automatic Aid Agreement that was approved by City Council in May
2013 will be fully implemented.
• Effective 1/1/14 the City will fill, through promotion, 3 shift lieutenants bringing the total
number of shift lieutenants to 15.
• The personnel and overtime investment in the Fire Department will lead to the elimination
of brownouts in the Fire Department.
Resolution: X Ordinance:
Other (Specify):
Contract: Contract Term:
Start Date: End Date:
Item Budgeted: Amount:
Funding Source/Fiscal
Impact:
Strategic Priority:
Insurance Required? No
Mail to:
Phone:
APPROVED FOR
SUBMITTAL:
RECOMMENDATION:
City Manager
Adopt Resolution Authorizing the Execution of the Collective Bargaining Agreement
ATTACHMENTS:
Description Upload Date Type
0 Resolution for IAFF 2014-2017 CBA 10/29/2013 Resolution
0 IAFF CBA 10/29/2013 Cover Memo
Memorandum of Understanding
Between
The City of Yakima
And
Yakima Firefighters Local #469
IAFF
Effective Date: January 1, 2014
To
December 31 2017
Memorandum of Understanding
This memorandum of understanding acknowledges and confirms the agreement by and
between the City of Yakima and the IAFF of Yakima Firefighters Local #469 regarding
compensation and specific employment matters for the Shift Commanders.
This memorandum of understanding shall remain in effect from January 1, 2014 to
December 31, 2017 By mutual consent of the parties to the memorandum, any part or
the entire memorandum of understanding may be opened for cause during the term of the
memorandum.
Effective January 1, 2014 to December 31, 2017 the following language shall be added
and applied to the LEOFF Collective Bargaining Agreement
14 1 Fire Department Shift Commander Recruitment and Selection Process.
(c) Filling a Vacancy.
The employee(s) receiving a promotion to Shift Commander position shall be
assigned a pay rate of at least 5% above their current rate or the pay rate of the D -step
of the next higher pay grade, whichever is greater. These employees will be increased
to E -step at the end of six months in their new position.
Agreed to this � day of
City of Yakima
Tony O'Roj-, City Manager
Bob Stewart, Actin:e ' hief
CITY CONTRAC r NO:? -4°
RESOLUTION N0: 3�
Yakima Fire Fighters Local #469
Shift Commanders
January 1, 2014 to December 31, 2017
2
014
IAFF LOCAL #469
driquez, President
r
Administration
Fire Suppression
Fire & Life Safety
Division
Investigation
Division
Training
Communications
g -2,i)(3- S Y&.
City of Yakima Fire Department (509)575-6060
401 North Front Street, Yakima, WA 98901 Fax (509)576-6356
www. yakimafire. corn
MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING is made by and between the
International Association of Firefighters Local 469 (LEOFF) and the City of Yakima,
Washington, and is intended to provide a one-time exception to Article 14 — Promotional
Standards for LEOFF Classifications as contained in the 2014-2017 Collective
Bargaining Agreement (CBA).
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 LEOFF firefighters who provide fire protection services and other
related fire department services within the City of Yakima.
WHEREAS, The City and Union cooperatively desire to engage in a one-time
exception to the Lieutenant and Captain promotional testing process with the
anticipated outcome of enhanced quality and value. With the exception of those specific
changes outlined below, the remainder of Article 14 and the balance of the 2014-2017
CBA shall remain unchanged.
1. The promotional job announcement posting shall open at 0800 hours Monday,
August 4, 2014 and close at 1200 hours (noon) on Monday, August 18, 2014.
2. All members who are eligible to participate in the Lieutenant and Captain Exam
shall be contacted via phone by a member of the YFD administrative staff during
regular work hours on Monday, August 4, 2014 or Tuesday, August 5, 2014.
Near the end of the regular workday Tuesday, August 5, 2014, a voice message
shall be placed for those members who could not be reached directly by phone.
3. The Lieutenant and Captain registers generated by this process shall take effect
upon expiration of the current registers, or upon exhausting the current
register(s) should there be a vacancy to fill.
4. The exam shall consist of the following five (5) elements and their respective
weighting:
a. Multiple Choice Written Exam 20% of the overall score
b. Tactical/Emergency Incident Exercise 20% of the overall score
c. Role Play Exercise 25% of the overall score
d. Problem -Solving Exercise 20% of the overall score
e. Presentation 15% of the overall score
5. The exam shall be divided into two (2) separate parts consisting of a Written
Exam and an Assessment Center. Elements of the Written and Assessment
Center parts are listed below:
Written Assessment Center
Multiple Choice Tactical/Emergency Incident Exercise
Role Play Exercise
Problem -Solving Exercise
Presentation
Candidates must achieve a passing score of 70% or higher on the Written Exam and
70% or higher on the combined Assessment Center in order to be placed on the
promotional register.
Both parties hereby agree to the terms and conditions set forth in this Memorandum
of Understanding.
This agreement shall be effective upon signing and will be incorporated into the
Collective Bargaining Agreement between the parties.
This MOU is an exclusive agreement unique in nature. It does not establish a
precedent between the parties
This Memorandum of Understanding is executed this 31th day of July, 2014.
odriguez
P4esident
InFF Local 469
>L� AtIMP'P'
Bob 'sewart
Fire Chief
City of Yakima Fire Department
CITY CONTRACT NO: e,71PiV— /049
RESOLUTION Na '' 2:6242,11:.`/
AFL — CIO
CLC
507 South 5ih Avenue
Yakima, WA 98902
Office: 509.577 1515
Fax: 509.577.1516
Yakima Firefighters Association
International Association of Firefighters — Local 469
MEMORANDUM OF UNDERSTANDING
between
LOCAL 469
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO
and
CITY OF YAKIMA
The following Memorandum of Understanding of the parties is reached on items
not set forth in the 2014-2017 collective bargaining agreement. Those items are set
forth below.
. Except as provided in paragraph 3 below, the Shift Commander position will be
filled through promotional testing as outlined in the Fire Department Employees
Civil Service Rules.
Promotional assessment will occur as soon as possible to fill the Shift Commander
position. The parties agree that two (2) of the positions will be filled effective
January 1, 2014. A third position will be filled July 1, 2014 or before if the
temporary Battalion Chief position is vacated prior to July 1, 2014. The
promotional list shall be certified by the end of the day December 16, 2013.
. The first Shift Commander vacancy will be filled by the appointment, outside the
exam process, of current Battalion Chief Mitch Cole. The other two positions will
be filled from the Shift Commander exam list.
4. For the 2013 Shift Commander exam, candidates must have completed the current
Battalion Chiefs task book. If fewer than 4 candidates apply for the position of
Shift Commander for the 2013 exam, all Captains that have completed probation
will also be made eligible.
The Shift Commander will have the following duties included, but not limited to,
primary incident commander responding in a YFD command vehicle, oversight and
supervision of daily operations, scheduling of shift personnel and daily rosters,
review of incident reports, mentoring and performance evaluations of company
officers. These duties will be placed in the job description.
6. Pay for the Shift Commander position shall be established at a minimum of 13.0%
above the hourly rate of Shift Captain beginning January 1St 2014. Shift
Commander steps "A" — "E" will be included in the Master Pay Ordinance.
Memo andum of Understanding - 1
7. Shift commanders shall submit an annual schedule of Kelly days no later than
December 31 for the following year in accordance with Article 22.5. Days will be
entered into the TAMS calendar. Each Shift Commander shall have no more than one
(1) Kelly Day per Kelly Day period. Kelly Days within a period cannot be changed
once the period begins. Shift Commander Kelly Days and Earned leave days shall not
count as one of the five (5) time off slots per shift per Section 22.5(a).
8. Budgets and inventory for PPE, equipment and clothing previously administered by the
Battalion Chiefs will be transferred to the Logistics Captain. These duties will be place
in job description to be developed.
9. Effective 1-1-2014 the City will fill, through promotion, three (3) additional Shift
Lieutenants to remain filled through December 31, 2017 bringing the total number of
shift Lieutenants to 15.
10. Effective 1-1-2014, the Training Lieutenant position will be filled through December
31, 2017.
11. The Public Education Captain and Training Captain positions will remain filled through
12-31-2017.
12. Effective 1-1-2014, the City will hire three (3) additional Firefighters and maintain a
minimum of 78 shift personnel through December 31, 2017. The three (3) additional
Firefighters are broken out as follows:
a.Two (2) firefighters as newly budgeted positions.
b. One (1) firefighter to fill vacated firefighter position for Training Lieutenant
assignment.
13. The Fire Department overtime budget will be increased by a minimum of $250,000.00.
This increase will make the total minimum annual Fire Department overtime budget
$478,000.00 in each of the years of this Agreement through December 31, 2017.
14. Effective 1-1-2014, the YFD training budget will be increased by $75,000.00. This
$75,000.00 increase will be maintained each year through the year 2017.
15. The West Valley Automatic Aid Agreement as approved by Council in May 2013 will
be implemented and in affect through December 30, 2017. Current contract language
will control automatic aid.
16. If there is a dispute over the terms of this MOU, the parties agree to arbitrate the
dispute and adopt by reference only the grievance and arbitration provisions of the 2014
collective bargaining agreement as set forth in the 2014-2017 LEOFF Collective
Bargaining Agreement between Local 469 International Association of Firefighters,
AFL-CIO and the City of Yakima.
Memorandum of Understanding - 2
Executed by the parties hereto this /' day of _:-)pc , 2013.
LOCAL 469, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO
By: )/4,1 /i.4,'
Jeremm)/R&dr guez
President, Local 469
IAFF
By: /y4
Mike Wagner
Secretary -Treasurer, Local 469
IAFF
CITY OF YAKIMA
By:
Tony O ourk
City Manager
By:
Dave Willson
Fire Chief
CITY CONTRAC NO:Q i'2 -3S -
RESOLUTION NO:
R_.D-A,3-�V '
Memorandum of Understanding - 3
Memorandum of Understanding by and between the City of Yakima,
IAFF Local 469 and Battalion Chief Mitchell Patrick Cole
Whereas, the City of Yakima presently has four collective bargaining agreements with
IAFF Local 469;
Whereas, one of the bargaining units contains the sole supervisor class of Battalion
Chiefs and another larger unit contains all positions below the Battalion Chiefs including
firefighters and lieutenants as described in the 2014-2017 LEOFF Collective Bargaining
Agreement between Local 469, International Association of Firefighters, AFL-CIO and the City
of Yakima;
Whereas, the parties have agreed to eliminate the bargaining unit and the position of
Battalion Chiefs effective January 1, 2014, and create a new position, effective January 1, 2014,
called Shift Commander;
Whereas, the position of Shift Commander will be recognized as a member of the larger
bargaining unit as described in the 2014-2017 LEOFF Collective Bargaining Agreement between
Local 469, International Association of Firefighters, AFL-CIO and the City of Yakima;
Whereas, currently Battalion Chiefs have no limit on the amount of sick leave they can
accrue, and there should be a mechanism for current Battalion Chiefs to convert accrued sick
leave benefits in excess of 1440 hours to another benefit;
Whereas, one of the current Battalion Chiefs, Mitchell Patrick Cole (" BC Cole"), will be
appointed to position of Shift Commander, effective January 1, 2014;
Therefore, the City of Yakima, IAFF Local 469 and BC Cole hereby agree to the following:
1. Battalion Chief Cole will be appointed to the newly created position of Shift
Commander, effective January 1, 2014.
2. Prior to January 1, 2014, and transition to the larger firefighters bargaining unit, all
sick leave accrued by BC Cole in excess of 1440 hours will be converted at BC
Cole's regular 2013 rate of pay, and at BC Cole's choice, to one of the following:
1. VEBA account
2. MERP account
3. Deferred Compensation account
3. Battalion Chief Cole will choose the vehicle of transfer to one of the options set forth
in paragraph 2 based upon his analysis of tax laws and his personal preference.
Battalion Chief Cole is advised to seek professional advice from his tax advisor and
attorney before signing this agreement. Battalion Chief Cole assumes sole
responsibility for his choice and holds the City harmless for any and all effects or
consequence of said choice.
4. If there is a dispute over the terms of this MOU, the parties agree to arbitrate the
dispute and adopt by reference only the grievance and arbitration provisions
contained in the 2014 collective bargaining agreement for the larger bargaining unit
as set forth in the 2014-2017 LEOFF Collective Bargaining Agreement between
Local 469, International Association of Firefighters, AFL-CIO and the City of
Yakima.
5. This Agreement shall be deemed effective from the date of execution
Executed by the parties hereto this 11 day of _De c e rni0 e►— , 2013.
LOCAL 469, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO
By: 7r
Jerenvy Rodriguez
President, Local 469
IAFF
By: r
Mitchell Patrick Cole, Member, Local 469
IAFF
By: 0/0c„
Mike Wagner
Secretary -Treasurer, Local 469
IAFF
a
CITY OF YAKIMA
By:
Ton
City anager
By: %.JCI.. -t, tA}
Dave Willson
Fire Chief
CITY CONTRAC r NO: /3-.733
RESOLUTION NO. R-.o/3^t 1/V
MEMORANDUM OF UNDERSTANDING
By and Between
CITY OF YAKIMA
And
Local 469, INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS, AFL-CIO
THIS MEMORANDUM OF UNDERSTANDING is entered into by and between the City of
Yakima and Local 469, International Association of Firefighters, AFL-CIO, for the uses and
purposes provided below.
I. RECITALS
A. City of Yakima, hereafter called "Employer," is a municipal corporation duly formed and
existing as a First Class City under the laws of the State of Washington. Employer operates
and maintains a fire department and employs professional firefighters to perform fire
prevention and firefighting services.
B. Local 469, International Association of Firefighters, AFL-CIO, hereafter called "Union,"
is the exclusive bargaining representative of all City Fire Department employees in the
Law Enforcement Officers and Fire Fighter (LEOFF) classifications, excluding temporary
employees, the Fire Chief and Deputy Fire Chiefs.
C. City and Union have previously entered into collective bargaining agreements pursuant to
Chapter 41.56 RCW, with current collective bargaining agreement established for a term
January 1, 2014 through December 31, 2017 ("Collective Bargaining Agreement").
Section 29.2 of the Collective Bargaining Agreement currently provides:
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 overtime rate required by the Fair Labor
Standards Act for all hours worked in excess of 182 hours and 40 hours, respectively.
D. The parties desire to establish and clarify the calculation used to determine the appropriate
rate of overtime compensation when an employee normally assigned to work the 40-
hour/7-day work period ("Day Shift") also performs work on the 24-hour work shift, and
vice -versa. In order to do so, the parties desire to implement the formula set forth at 29
CFR §778.419, which provides in pertinent part:
§ 778.419 Hourly workers employed at two or more jobs.
(a) Under section 7(g)(2) an employee who performs two or more different kinds of work, for which
different straight time hourly rates are established, may agree with his employer in advance of the
performance of the work that he will be paid during overtime hours at a rate not less than one and
one-half times the hourly nonovertime rate established for the type of work he is performing during
such overtime hours. No additional overtime pay will be due under the act provided that the general
requirements set forth in § 778.417 are met
WHEREFORE, the parties agree, and memorialize their understanding and agreement as follows:
Section 1.
follows:
Section 29.2 of the Collective Bargaining Agreement is modified to provide as
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 overtime rate required by the Fair Labor Standards Act for all hours worked
in excess of 182 hours and 40 hours, respectively.
A. Employees working 24-hour Shift, who are assigned to work Day Shift: For purposes
of administering and calculating overtime due and payable to a LEOFF employee
scheduled to a 24-hour shift, who then is assigned to and performs the type of work
normally performed by those LEOFF employees assigned to a 40-hour/7-day work
period ("Day Shift") during any 24 day work period, such employee's regular hourly
rate of pay for overtime hours worked on the Day Shift shall be the regular hourly rate
for Day Shift employees for purposes of calculating overtime pay for hours worked on
Day Shift. This mechanism for calculating overtime shall not apply to any 24-hour
shift employee assigned to perform Light Duty during the Day Shift.
Note: Since there is no Day Shift position equivalent to the 24-hour Shift
Firefighter position, a regular rate of pay equivalent to 110% of the
firefighter's monthly base pay (with Deferred Comp) divided by 173.33 hours
can be used to establish the overtime rate:
(Example: Step E Firefighter 2016 monthly base wage (with Deferred Comp)
of $6824.47 x 110% = $7506.92 ± 173.33 = $43.31/hour, therefore the
overtime rate would be $43.31 x 1.5 = $64.97/hr.)
B. Employees working Day Shift, who are assigned to work 24-hour shift. Likewise, for
purposes of administering and calculating overtime due and payable to a LEOFF
employee scheduled to a 40-hour/7-day work period (Day Shift), who then is assigned
to and performs the type of work normally performed by those LEOFF employees
assigned to a 24-hour shift work period, such employee's regular hourly rate of pay for
overtime hours worked on the 24-hour Shift shall be the regular hourly rate for 24-hour
Shift employees for purposes of calculating overtime pay for hours worked on 24-hour
Shift.
Section 2. This amendment is intended to clarify and establish an agreed mechanism to
calculate applicable overtime rates when a LEOFF employee works different work schedules, all
as set forth in accordance with the Fair Labor Standards Act as set forth in implementing
regulations at 29 CFR §778.419. This Memorandum of Understanding constitutes full and final
settlement and resolution of all grievances and claims involving the proper calculation of overtime
when a LEOFF employee worked different work schedules, which grievance and/or claim arose
prior to the effective date of this Memorandum of Understanding.
Section 3. Except as amended herein, the Collective Bargaining Agreement shall remain
unchanged. Upon execution, this Memorandum of Understanding shall be deemed to modify and
amend such Collective Bargaining Agreement in accordance with the terms above, and a copy of
the executed Memorandum of Understanding shall be appended to the Collective Bargaining
Agreement.
Section 4. This Memorandum of Understanding shall be deemed effective as and from the
date signed by the last party named below.
CITY OF YAKIMA
By: 1
Cli'f Moo e, City Manager
Date: December Jig , 2016
CITY CONTRACT NO:,1)/6-2i3/
RESOLUTION NO: g _ 20/ 3 - / vY
LOCAL 469, INTERNATIONAL
ASSOCIATION OF FIREFIGHTERS,
AFL-CIO
By:
J1re r y ' odriguez, President
By: / .%—t' ------.,
Nick/ Sloan, Vice President
Date: December 0?. D , 2016