HomeMy WebLinkAboutR-1997-142 Public Safety Dispatch ContractRESOLUTION NO. R-97- 112
A RESOLUTION authorizing and directing the City Manager and City Clerk
of Yakima to execute a collective bargaining agreement for
November 1, 1997 through December 31, 1998 with the
International Association of Firefighters (Public Safety
Communications), AFL-CIO.
WHEREAS, pursuant to requirements of state law, labor negotiations
have occurred between the City and Public Safety Dispatchers and Public
Safety Communications Supervisor employees represented by the
International Association of Firefighters (Public Safety Communications),
Local 469, AFL-CIO, resulting in the attached proposed collective bargaining
agreement for November 1, 1997 through December 31, 1998; and
WHEREAS, the City Council deems it to be in the best interests of the
City that such collective bargaining agreement be executed by the City, now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and City Clerk of the City of Yakima are hereby
authorized and directed to execute the collective bargaining agreement for
November 1, 1997 through December 31, 1998 with the International
Association of Firefighters (Public Safety Communications), Local 469, AFL-
CIO, copies of which collective bargaining agreements are attached hereto and
by reference made part hereof.
ADOPTED BY THE CITY COUNCIL this` f �IovEmBri:
day of October,
1997.
ATTEST:
/--L° / 6,0 CITY CLERK
COLLECTIVE BARGAINING AGREEMENT
By and Between
THE CITY OF YAKIMA, WASHINGTON
and
LOCAL 469,
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS,
AFL-CIO
EFFECTIVE:
November 1, 1997, through December 31, 1998.
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TABLE OF CONTENTS
ARTICLE 1 - UNION RECOGNITION AND BARGAINING UNIT 1
ARTICLE 2 - UNION SECURITY 1
ARTICLE 3 - PAYROLL DEDUCTIONS 2
ARTICLE 4 - MANAGEMENT RIGHTS 2
ARTICLE 5 - EMPLOYEE RIGHTS 3
ARTICLE 6 - PRODUCTIVITY 3
ARTICLE 7 - EQUAL OPPORTUNITY CLAUSE 4
ARTICLE 8 - GRIEVANCE PROCEDURE 4
ARTICLE 9 - RELEASE FROM DUTY 7
ARTICLE 10 - COLLECTIVE BARGAINING COMMITTEES 7
ARTICLE 11 - COLLECTIVE BARGAINING PROCEDURE 8
ARTICLE 12 - PROMOTIONAL STANDARDS FOR BARGAINING UNIT
MEMBERS 9
ARTICLE 13 - REFRESHMENT FUNDS 9
ARTICLE 14 - WAGES 10
ARTICLE 15 - HEALTH CARE INSURANCE 10
ARTICLE 16 - LIFE INSURANCE 12
ARTICLE 17 - LONGEVITY PAY 13
ARTICLE 18 - SPECIAL PAYS 13
ARTICLE 19 - VACATION LEAVE 14
ARTICLE 20 - HOLIDAYS 16
ARTICLE 21 - SICK LEAVE ACCRUAL/EXCHANGE 17
ARTICLE 22 - SICK LEAVE POOL 19
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ARTICLE 23 - BIRTHING LEAVE/MATERNITY LEAVE 21
ARTICLE 24 - COMPENSATORY TIME OFF 21
ARTICLE 25 - PUBLIC SAFETY DISPATCH OPERATIONS. 22
ARTICLE 26 - HOURS OF WORK AND OVERTIME 24
ARTICLE 27 - SMOKING ON DUTY 25
ARTICLE 28 - PHYSICAL FITNESS 26
ARTICLE 29 - DEFERRED COMPENSATION 26
ARTICLE 30 - DISCIPLINE AND DISCIPLINARY PROCEDURES 27
ARTICLE 31 - PROPERTY LIABILITY 27
ARTICLE 32 - MUNICIPAL CODE SECTIONS PERTAINING BARGAINING
UNIT MEMBERS 27
ARTICLE 33 - ENTIRE AGREEMENT 29
ARTICLE 34 - SAVINGS CLAUSE 29
ARTICLE 35 - CREATION OF NEW CLASSIFICATIONS 29
ARTICLE 36 - CLASSIFICATION STUDIES 30
ARTICLE 37 TERM OF THE AGREEMENT .30
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 day of , 1997,
by and between the City of Yakima, Washington, hereinafter called the City, and
local 469, International Association of Firefighters, AFL-CIO, hereinafter called
the Union.
GENERAL PROVISIONS
ARTICLE 1 - UNION RECOGNITION AND BARGAINING UNIT
1.1 The City hereby recognizes the Union as the exclusive bargaining
representative for Public Safety Dispatchers and the Public Safety
Communications Supervisor and Lead Public Safety Dispatcher (if created and
subject to the conditions of Article 25.4). Excluded from the bargaining unit are
the Chief of Police, Fire Chief, Public Safety Communications Division Manager,
and all other employees of the Police and Fire Departments.
ARTICLE 2 - UNION SECURITY
2.1 Each employee in this bargaining unit may become or remain a member
of the Union. Employees not desirous of membership in the Union shall be
subject to a representation service fee equal to the base mandatory dues and
assessments which shall be a condition of continued employment. Said
membership or fee payment shall become mandatory upon successful
completion of a one (1) year period of service and in accordance with provisions
of the Public Employee Collective Bargaining Act, RCW, 41.56. Nothing herein
shall preclude membership in the Union of any employee who so requests prior
to completion of one (1) year of service.
ARTICLE 3 - PAYROLL DEDUCTIONS
3.1 The City agrees to deduct uniformly required Union membership fees,
dues and other assessments by the Union from the pay of those members who
authorize the City to do so. Such authorization shall be in writing and signed by
each person authorizing such deductions and filed with the City. The Secretary
of the Union shall notify the Finance Director of the City of Yakima of amounts
to be deducted from the pay of each such person. The City shall transmit such
amounts to the official and location designated by the bargaining unit
representatives together with an itemized statement, on or before the 20th day of
each month, following the month for which deductions are made. The Union
agrees to hold harmless and indemnify the City against any claims, causes of
action, or lawsuits arising from such deductions and/or the transmittal of such
deductions to the Union.
3.2 In the event the City receives a written notice, signed by any person from
whose pay such deductions are being made, that no further deductions are to be
made, the City shall make no such deductions from any pay earned by that
person after receipt by the City of such notice. The City shall notify the Union of
all such notices received by the City, which notification to the Union shall be
given in writing within seven (7) calendar days after the receipt by the City of
such notice and shall include the name of the person involved.
ARTICLE 4 - MANAGEMENT RIGHTS
4.1 The Union recognizes the prerogative of the City to operate and manage
its affairs in all respects in accordance with its responsibilities, lawful powers
and legal authority. City affairs which are not included within negotiable
matters pertaining to wages, hours and working conditions are inclusive of the
following, but not limited thereto:
(a)
The right to establish and institute work rules and procedures
upon reasonable notice to bargaining unit members. All personnel
rules and policies developed by the Employer which are intended
to be applicable to Union members shall be in written form and
posted in the division manual.
(b) The right to determine reasonable schedules of work, overtime and
all methods and processes by which said work is to be performed
in a manner most advantageous to the Employer. Changes to work
schedules which are intended to be applicable to Union members
shall be in written form and posted in the division manual.
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(c)
The right to lay off employees for lack of work or funds or because
of the occurrence of conditions beyond the control of the City or
where the continuation of work would be wasteful and
unproductive in the opinion of City officials.
(d) The right to discipline or discharge employees for just cause;
provided that the City's right to discipline or discharge initial hires
during their probationary period shall not be limited by this
section. The parties agree to study policies for administering this
section.
(e) The right to assign incidental duties reasonably connected with but
not necessarily enumerated in job descriptions, shall nevertheless
be performed by employees when requested to do so by the
Employer.
(f) The right to take whatever actions the Employer deems necessary
to carry out services in an emergency.
ARTICLE 5 - EMPLOYEE RIGHTS
5.1 Except as otherwise provided in this labor contract, the provisions of this
labor agreement, where applicable, shall not be construed as a waiver of the
Union's right to request and require bargaining in accordance with the
provisions of Chapter 41.56, RCW.
ARTICLE 6 - PRODUCTIVITY
6.1 The parties mutually recognize the desirability of improving productivity
in order to provide maximum services at reduced costs. The Union agrees to
actively cooperate and participate in studies and agrees to discuss the
implementation of programs to promote efficiency, productivity and to reduce
departmental costs. The goal of the parties is to jointly work to reduce overtime.
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.
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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; or national origin. It
is not the intent of management to lower employment standards or hire
individuals incapable of performing the required tasks of the job classification.
Nothing in this section shall prohibit the City from establishing bona fide
occupational qualifications.
ARTICLE 8 - GRIEVANCE PROCEDURE
8.1 Policy. The parties recognize that the most effective accomplishment of
the work of the City requires prompt consideration and equitable adjustments of
employees' grievances. It is the desire of the parties to adjust grievances
informally whenever possible, and both management and employees are
expected to make every effort to resolve problems as they arise. However, it is
recognized that there may be a grievance which can be resolved only after a
formal review. Accordingly, the following procedure is hereby established in
order that grievances of employees covered by this agreement may be resolved
as fairly and expeditiously as possible.
8.2 Definition. A grievance is a dispute involving the interpretation,
application, or alleged violation of any provision of this collective bargaining
agreement.
8.3 Process.
(a) To be reviewable under this procedure a grievance must:
Be commenced within sixty days (60) calendar days after the
grieving party has been made reasonably aware of the
circumstances giving rise to the grievance.
(b) Step 1 - Discussion With Public Safety Communications
Supervisor - As soon as possible, but in no case later than the time
period specified above, an employee shall first discuss his
grievance with the PSCS. Said PSCS shall make an investigation of
the relevant facts and circumstances of the complaint and provide a
written decision within seven (7) calendar days.
(c) Step 2- Grievance timely filed in writing with Division Manager -
If the employee and the PSCS cannot reach agreement regarding a
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remedy the employee may, provided he/she timely files the
grievance at this step within twenty (20) calendar days of receipt of
the PSCS written decision, submit the written grievance to the
Division Manager. The Division Manager shall conduct an
investigation and provide a written decision within twenty (20)
calendar days of receipt of the grievance.
(d) Step 3 - Grievance Appealed To Chiefs - If the employee and
Division Manager cannot reach agreement regarding a remedy, the
employee may, within seven (7) calendar days of receipt of the
written decision, submit the grievance to the Chiefs of the
Department. The Chiefs shall make a separate investigation of the
issue(s) and jointly notify the employee in writing of their decision,
and the reasons therefore, within seven (7) calendar days.
(e) Step 4 - Grievance Appealed To City Manager - If the grieving
party is dissatisfied with the decision of the Chiefs of the
Department, he/she may within seven (7) calendar days request a
review by the City Manager. The City Manager shall forward a
written decision to the employee within fifteen (15) calendar days
from receipt of the grievance.
(f)
Step 5 - Grievance Appealed To Arbitration - Except as provided in
8.4 (d) of this Article, a grievance which is not resolved as set forth
may be appealed to arbitration. Either party may invoke arbitration
upon submission of a written request for same which identifies the
previously filed grievance and sets forth the issue(s) which the
moving party seeks to have arbitrated.
A joint request of the Union and the City Manager shall then be
forwarded to the Public Employment Relations Commission
(PERC) within seven (7) calendar days for assignment of an
arbitrator from its staff. Subsequent hearing(s) will be governed by
the rules and procedures of PERC. The arbitrator shall render a
decision as promptly as possible. The arbitrator shall confine
himself/herself to the issues submitted for arbitration and shall
have no authority to determine any other issues not so submitted to
him/her. The arbitrator shall have jurisdiction and authority only
to interpret, apply or determine compliance with the specific terms
of the Agreement and shall not have jurisdiction to add to, detract
from or alter in any way the provisions of this Agreement. The
decision within the jurisdiction of the arbitrator shall be final and
binding upon both parties. Expenses and fees incumbent to the
services of the arbitrator shall be borne equally by the Employer
and the Union.
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(g)
Any grievance which the City's management may have against the
Union shall be reduced to writing and submitted to the President
of the Union local. If the matter is not satisfactorily settled within
fifteen (15) calendar days, appeal may be instituted as set forth in
8.3(0, Step 5, above.
(h) If the subject matter of a grievance could be appealed to the Civil
Service Commission for fire employees of the City of Yakima, the
matter may be submitted for determination to the Civil Service
Commission or arbitration, but not both. After the Union has
received the City Manager's answer at Step 4, it will advise the
affected employee whether it is willing to submit the grievance to
arbitration and, if so, the employee shall elect within 10 days after
the Step 4 answer the forum in which the matter is to be heard.
Submission of the dispute to arbitration or a hearing by the Civil
Service Commission shall bar submission in the other forum.
8.4 Special Provisions.
(a) A Union representative and/or aggrieved party shall be granted
time off without loss of pay for the purpose of processing a
grievance as provided in 8.3(0, Step 5, above.
(b) A grievance may be entertained in or advanced to any step in the
grievance procedure if the parties so jointly agree.
(c) The time limits within which action must be taken or a decision
made as specified in this procedure may be extended by mutual
written consent of the parties involved. A statement of the
duration of such extension of time must be signed by both parties
involved at the step to be extended.
(d) Non -contract disputes only: Wages, hours and working conditions
not specifically covered by the terms and conditions of this
Agreement shall be subject to the grievance procedure up to, but
not including, arbitration. If the City and the grievant are unable
to reach agreement at the City Manager level, where the grievance
is not subject to arbitration, a three person board will be formed.
Management will select one member and the Union will select one
member of the Board. The two members will select the third
member who shall act as chairperson. All members of this Board
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
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chairperson shall be selected by lot. Any expenses for the services
of the third party chairperson shall be borne equally by the parties.
The decision of this Board shall be binding on the parties in non -
contractual grievances.
ARTICLE 9 - RELEASE FROM DUTY
9.1 Union Business Leave. Such officers and members of the Union as may
be designated by the Union normally not to exceed two (2) in number at any one
(1) time, shall be granted up to a total of one hundred twenty (120) hours of time
off for Union business between the two (2) employees, provided that a
maximum of seventy (70) of these up to one hundred twenty (120) hours off will
be paid at the standard rate granted for any leave with pay. The City shall be
obliged to release one (1) employee but may allow additional employees to be
released simultaneously based upon departmental operational requirements.
Business leave includes attending labor conventions and educational conferences
regarding collective bargaining, provided that notice of such conventions or
conferences shall be given at least one (1) week prior thereto to the Chiefs, and
provided further that the total leave for this bargaining unit for the purpose set
forth in this section shall not exceed one hundred twenty (120) hours in any
calendar year. Furthermore, partial shifts may be utilized by employees for
departure or return provided Department established minimum manning levels
are maintained after the absence of the person(s) to be released on Union
Business Leave. Officers and members of the Union designated by the Union
may use Union business leave from any of the Fire Department bargaining units
that I.A.F.F. Local 469 represents.
ARTICLE 10 - COLLECTIVE BARGAINING COMMITTEES
10.1 Collective bargaining between the parties shall be carried out by the City
Manager or his designees, on behalf of the City Council, and a committee
representing the Union. No later than August 5 of each year, the Secretary of the
Union and the City Manager shall notify one another regarding the names of
persons constituting their respective bargaining committees. If a communication
is forwarded previous to that date, a response will be made within ten (10)
working days.
10.2 Members of the Union negotiating committee, not exceeding three (3) in
number, shall be granted leave from duty without loss of pay for all meetings
between the City and the Union for the purpose of negotiating the terms of a
contract during the pre -impasse period as provided in RCW 41.56, as amended,
when such meetings take place at a time during which any such members are
scheduled to be on duty.
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10.3 Members of the Union negotiating committee, not to exceed three (3) in
number, shall be granted leave in the post -impasse period without loss of pay,
except that when such leave reduces the manpower level below that established
as the minimum manpower requirement of the Department, such leave shall be
without pay.
ARTICLE 11 - COLLECTIVE BARGAINING PROCEDURE
11.1 General. All negotiable matters pertaining to wages, hours and working
conditions shall be established through the negotiation procedure as provided
by RCW 41.56. No ordinances existing at the time of execution of this
Agreement relating to wage, hours and working conditions for members of the
bargaining unit shall be amended or repealed during the term of this Agreement
without written concurrence of both parties.
11.2 Each year, as appropriate, the Union shall submit to the City Manager and
the City Manager may submit to the Union a written proposal for any changes in
matters pertaining to wages, hours and working conditions desired by the Union
or the City for the subsequent year. These written proposals shall be submitted
in accordance with the requirements of RCW 41.56, as amended by S.B. 2852
(1979). The Union and the City shall follow the collective bargaining procedure
set forth in the said statute. All agreements reached shall be reduced to writing
which shall be signed by the City Manager and the Union's representatives. In
negotiations for a successor collective bargaining agreement pertaining to
bargaining unit members the parties agree to follow the impasse resolution
procedures for uniformed personnel (RCW, 41.56.430, et seq.)
11.3 In the event that the Employer declines to include the provisions of
section 11.2 above pertaining to impasse resolution procedures for uniformed
personnel (RCW, 41.56.430, et seq.) in a collective bargaining agreement covering
employees who were formerly Fire Dispatchers (Ringer, Ochs, Moritz, Brandt
and Kennard) or Alarm Supervisor (Morehouse) at the time the Employer
decided (9/5/95) to implement Consolidated Dispatch operations, then the
Employer shall forthwith restore those employees who were employed at the
time of the Employer's decision (9/5/95) to implement Consolidated Dispatch
operations to the Fire Department to dispatch exclusively fire and emergency
medical responses and include them in the firefighters bargaining unit. This
proviso is not applicable to any Public Safety Dispatcher and/or Public Safety
Dispatch Supervisor who was a new hire as a Public Safety Dispatcher or who
filled a vacancy created by the departure of a Fire Dispatcher and/or Alarm
Supervisor who was appointed on or after 9/5/95. The classifications of Fire
Dispatcher and Alarm Supervisor shall remain unfilled and unfunded in Fire
Civil Service and shall be inclusive in the Firefighters Bargaining Unit.
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ARTICLE 12 - PROMOTIONAL STANDARDS FOR BARGAINING
UNIT MEMBERS
12.1 Promotions from the Public Safety Dispatcher classification to Public
Safety Communications Supervisor classification shall be determined in
accordance with the rules and regulations governing Yakima Fire Civil Service
Commission. Those promotional rules and regulations will not apply to the
initial Public Safety Communications Supervisor based on the fact that
appointment of Larry Morehouse to this position shall be included in this initial
agreement. Any successor to the Public Safety Communications Supervisor
classification will be determined by open competitive examination in accordance
with Fire Civil Service Commission rules and regulations.
12.2 Vacancies in Public Safety Dispatcher positions will be filled by open
competitive examination in accordance with Yakima Fire Civil Service
Commission rules and regulations. New Public Safety Dispatchers will be
required to pass a polygraph, a background check, a psychological evaluation,
physical examination, in addition to any and all other prerequisites to qualifying
and being eligible for a Public Safety Dispatcher position.
12.3 Former Fire Dispatchers and Police Dispatchers who are appointed to the
new classification of Public Safety Dispatcher will be required to pass a
background evaluation but will not be required to undergo a psychological
evaluation, polygraph or physical examination based on their current
employment status.
12.4 Employees who were formerly Fire Dispatchers or Police Dispatchers and
who were appointed to the new classification of Public Safety Dispatcher and
who are promoted, will have the same exclusion applied to that promotion as set
forth in Section 12.3.
ARTICLE 13 - REFRESHMENT FUNDS
13.1 The Union may authorize bargaining unit members to furnish in-house
refreshments; provided that any proceeds from such activities shall be used in-
house for the benefit of bargaining unit members or, upon approval by the
Union, donated to charitable organizations. The Union shall be responsible for
insuring that the refreshment funds are administered consistent with applicable
law.
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ARTICLE 14 - WAGES
14.1 (a) For former Police and Fire Dispatchers who fill the Public
Safety Dispatcher positions, effective beginning the next payroll
period after both parties have signed this collective bargaining
agreement, these employees shall be brought into the new
classification at an equivalent pay grade, i.e., if the employee is at
step "B" of their current classification then they shall be brought
into the new Public Safety Dispatcher classification at step "B".
Newly hired employees shall enter the classification at step "A".
The Public Safety Dispatcher classification's base pay shall be
equivalent to the current base pay in effect upon the signing of this
agreement by both parties, of the Fire Dispatcher Classification
(6411).
(b) Once the class specification of Alarm Supervisor (6425) is
modified to reflect the new duties and title of Public Safety
Communications Supervisor, and is accepted by Fire Civil Service,
the modified classification shall be paid at ten percent (10%) above
the current base compensation for Fire Alarm Supervisor (6425).
14.2 Effective 1-1-98 the base salary of bargaining unit members will be
increased by an amount equal to 100% of CPI based on an averaging of
the US Cities Consumer Price Index (CPI -W) and the Seattle Consumer
Price Index (CPI -W) for the period of July 1996 to July 1997, subject to a
minimum of 3% and a maximum of 6%.
ARTICLE 15 - HEALTH CARE INSURANCE
15.1 Medical, Vision and Dental Care Coverage -
(a) Effective April 1, 1994 covered bargaining unit employees, retirees
and their dependents shall participate in the "City of Yakima Employees'
Health & Welfare Benefit Plans". Eligibility rules, types and of levels of
benefits, payment of premiums through a cafeteria plan, co -payment,
coinsurance and deductibility requirements and all other terms and
conditions for the provision of these health benefits shall be governed by
the "City of Yakima Employees' Welfare Benefit Program".
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15.2 Health and Dental Care Premium Contributions -
(a) Effective the payroll period after signature of this collective
bargaining agreement and through December 31, 1997:
(i) Employee Health Care Premium Contribution: Bargaining unit
member employee only health care coverage shall be paid for by
the City and shall be at no cost to the employee. Bargaining unit
members will be given the option to pay the difference in premium
between the designated 100% coverage for LEOFF I and the City's
"Plan", except that the deductible shall be as stated in the "Plan".
(ii) Dependent Health Care Premium Contributions: The City
shall contribute up to $100 for dependent coverage for bargaining
unit members. The City and the employee shall share dependent
medical program premiums in excess of $100 per month
contribution level on a 50% by the Employer and 50% by the
employee basis, with a maximum employee contribution of $100
per month.
(iii) Dental Care Premium Contributions: The City shall pay the
premium for bargaining unit member employee and dependent
dental care coverage.
(b) January 1, 1998 through December 31, 1998
(i) Employee Health Care Premium Contribution: Bargaining unit
member employee only health care coverage shall be paid for by
the City and shall be at no cost to the employee. Bargaining unit
members will be given the option to pay the difference in premium
between the designated 100% coverage for LEOFF I and the City's
"Plan", except that the deductible shall be as stated in the "Plan".
(ii) Dependent Health Care Premium Contributions: The City
shall contribute up to $80 for dependent coverage for bargaining
unit members. The City and the employee shall share dependent
medical program premiums in excess of $80 per month
contribution level on a 50% by the Employer and 50% by the
employee basis, with a maximum employee contribution of $100
per month, plus the percentage amount of the CPI increase used to
calculate the base salary increase effective January 1, 1998, per
month.
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(iii) Dental Care Premium Contributions: The City shall pay the
premium for bargaining unit member employee and dependent
dental care coverage.
(c) Employee contributions under this Article will be accomplished
through normal payroll deductions.
(d) If the average dependent composite cost for the "Plan" goes below
$100 for 1997, and $80 for 1998, said formula for the cost sharing shall
cease for that calendar year. This will be reviewed once per year
according to the data provided by Direct Administrators.
15.3 Retiree Coverage - The City of Yakima Employees' Health and Welfare
Benefit Plan shall provide retirees and dependents of retirees the right to remain
in the group plan as follows:
(a) Retirees covered at the time of execution of this agreement and
future retirees may elect to remain in the group medical plan until
they reach age 65, but they must pay the required premium for
such group medical plan.
(b) Spouses of retirees may remain in the group medical plan until
they reach age 65 or in the case of spouses of deceased retirees,
until they reach age 65 or remarry, whichever occurs first.
(c) Other dependents of retirees may remain in the group health care
plan as long as they remain eligible under the provisions of the
plan or when coverage for the retiree and spouse, or, the spouse of
deceased retiree terminates, at which time such dependent
insurance coverage would cease regardless of the age of the
dependents.
(d) Retirees, or spouses of deceased retirees, shall pay the premium
and other shared dependent coverage costs (including dependents
if enrolled) which shall be based on the same formula as active
employees and dependents within the bargaining unit. Premiums
shall be paid by deduction from retirement checks paid to retired
employees or their beneficiary.
ARTICLE 16 - LIFE INSURANCE
16.1 The City will provide, without cost to the employee, $15,000 in face
amount of life insurance.
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ARTICLE 17 - LONGEVITY PAY
17.1 The City will pay longevity pay upon satisfactory completion of the
following service and at the designated rate:
Service In Years Percent Of Base Pay
4 1.5
9 3
14 4.5
19 6
24 8
Service in years shall be defined as in Article 19, Vacation Leave, of this
Agreement.
ARTICLE 18 - SPECIAL PAYS
18.1 Acting Assignment. The City will pay acting assignment pay of at least
5% above the normal base pay or the pay rate of the D -Step of the next higher
pay grade, whichever is greater, for an individual for such period of continuous
service, provided the individual serves a minimum of one-half (1/2) shift as
Public Safety Communications Supervisor, or Lead Public Safety Dispatcher
subject to the provisions of Section 25.4, or higher classification, having been so
assigned by the Administration and provided further that the individual
exercises the responsibility, including operation and administrative duties as
they apply.
18.2 Eligibility for Acting Assignments. In order for an employee to be
eligible for assignment to an acting position, that employee must be eligible for
promotion to the position in accordance with the promotional standards as set
forth in the Fire Civil Service Commission rules and regulations.
18.3 Relief Public Safety Dispatcher Differential. An employee designated by
the Public Safety Communications Manager shall receive a differential of five
percent (5%) for such duty. Said differential shall be calculated upon the normal
rate of pay but shall not replace premium pay for any required overtime
worked. Payment will be made in accordance with normal payroll procedures
(monthly). This section is subject to the provisions of Section 25.4 of this
agreement and is not in effect during the trial period as defined in Section 25.4.
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18.4 Call Back.
(a)
An employee who is called back to duty after his scheduled shift
has terminated, but before the scheduled start of his next shift,
shall receive premium pay for all hours worked, but not less than
two (2) hours of premium pay.
(b) The call back bonus will not be available for a "hold over" defined
as an extension of a regular or reassigned shift due to manning
requirements or an emergency circumstance. However, premium
pay shall be paid for work performed.
18.5 Mileage. The City shall pay each employee for his use, at the request of
the City, of his personal auto, not less than twenty six cents (26e) per mile
actually driven, or the actual cost of applicable public transportation. In the
event that the City increases mileage allowance paid by the City for the use of
personal autos on City business for any other City department or employee, such
increased allowance shall become the new rate thereunder.
18.6 Uniform Maintenance Bargaining unit members shall be paid sixty
dollars ($60.00) annually, payable in February. The City shall have the right to
contract for uniform maintenance services as it deems appropriate after which
time no further uniform maintenance allowances shall be payable.
18.7 Shift Differential For employees who work a regularly scheduled shift
where all or part of the shift hours fall between 6:00 PM and 6:00 AM, an
additional four percent (4%) per hour over base pay will be paid for all hours
worked within the stipulated period to the nearest one/half (1/2) hour. Persons
working overtime past their normal shift will be entitled to full or pro -rated
payment under this article. This article is subject to the provisions of Article 25.4
of this agreement and is not in effect during the trial period as defined in Section
25.4.
ARTICLE 19 - VACATION LEAVE
19.1 Each bargaining unit member shall earn vacation leave for years of
service at the following rates:
(a) Employees with one (1) full year of service shall earn eighty (80)
hours, forty (40) hours of which may be taken after six (6) months
service;
(b) Employees with two (2) full years of service shall earn ninety six
(96) hours;
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(c) Employees with five (5) full years of service shall earn one
hundred twenty (120) hours;
(d) Employees with ten (10) full years of service shall earn one
hundred fifty two (152) hours;
(e) Employees with more than fifteen (15) full years of service shall
earn one hundred seventy six (176) hours;
(f) Employees with more than twenty (20) full years of service shall
earn one hundred ninety two (192) hours provided they become
employed by the City of Yakima prior to January 1, 1981.
19.2 Bargaining unit members may accumulate vacation leave time in an
amount equal to the vacation time the employee earns during two (2) years of
service, according to the accrual rate(s) specified above.
19.3 Service in years for bargaining unit members is defined as the most recent
period of employment unbroken by voluntary termination, voluntary
retirement, voluntary leaves of absence in excess of thirty (30) days or
termination for cause. Such service shall not be considered broken by period of
disability retirement, or leave without pay in excess of thirty (30) days for
medical reasons, if approved by the Fire Civil Service Commission during which
times no service credit shall accrue. Layoff shall not be considered a break in
service providing that failure to accept the first offer of re-employment for any
reason shall constitute a break in service. (No service credit shall accrue during
periods of layoff.)
19.4 For bargaining unit members any vacation accumulated over the stated
limit shall be paid at 100% of base wage as of December 31 of each year;
provided, however, at least 75% of the annual accrual rate for vacation must
have been used during the year in order to qualify for the payment; provided,
however, if the Employer cancels an employee's scheduled vacation and this
canceling results in vacation accumulation over the stated limits as of December
31 of any particular year then the Employer will pay for said vacation at the
normal hourly rate. Payment for any vacation accumulated over the stated
limits is subject to the Employer's inability to reschedule the vacation time off.
Neither party shall unreasonably withhold approval of rescheduling of vacation
previously canceled.
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ARTICLE 20 - HOLIDAYS
20.1 Holidays With Pay.
(a) Day Off. If an employee performs no work on a holiday, within
ninety (90) days that employee shall have time off equal to the
number of hours scheduled most frequently in his regularly
scheduled shifts.
(b) Day On. If an employee performs work on a holiday, that
employee shall receive his/her regular pay plus time and one-half
(1.5) pay for all hours worked. The employee shall have the option
of receiving comp -time as specified in Article 24 - Compensatory
Time Off.
20.2 No employee shall be paid for a holiday unless such employee is
in a pay status both the workday before and the workday after such holiday.
Exception to the above shall be made for an employee who works a holiday as
directed by the City.
20.3 An employee who performs work during a period when the employee is
on a scheduled time off shall receive time and one-half (1.5) for all hours worked
and shall receive time off as specified in 20.1(a).
20.4 Bargaining unit members shall observe holidays as follows:
New Year's Day
Martin Luther King Jr. Day
Washington's Birthday
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
The Day After Thanksgiving
Christmas Day
One (1) Personal Holiday
January 1st
Third Monday in January
Third Monday In February
Last Monday In May
July 4th
First Monday In September
November 11th
Fourth Thursday In November
December 25th
The provisions of City of Yakima Municipal Code 2.40.080(c) and (d) shall not
apply to this provision.
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ARTICLE 21 - SICK LEAVE ACCRUAL/EXCHANGE
21.1 For the purposes of this Article only, a day shall be construed as eight (8)
hours.
21.2 Sick Leave Exchange or Cashout. Bargaining unit members may
exchange accrued sick leave for pay or for additional leave time as appropriate,
in accordance with the options provided the employee, subject to the following
provisions:
(a)
No cashout of accrued sick leave will be granted for those
employees with three hundred sixty (360) hours or less of accrued
sick leave except in the event of death in the line of duty.
(b) Cashout of accrued sick leave will be granted to employees who
have accrued in excess of three hundred sixty (360) hours subject to
the following provisions:
(i)
Upon retirement or death, the employee's accrued sick
leave up to a maximum of seven hundred twenty (720)
hours will be cashed out at the rate of one hundred percent
(100%) of the employee's current base pay.
(ii) Upon termination under honorable conditions, as
distinguished from death or retirement, the employee's
accrued sick leave up to a maximum of seven hundred
twenty (720) hours will be cashed out at the rate of fifty
percent (50%) of the employee's current base pay.
(iii) In no case shall the cash out payment exceed Twelve
Thousand Five Hundred Dollars ($12,500.00).
(c) Sick Leave Exchange. Employees who have accrued more than
seven hundred twenty (720) hours may exchange such sick leave
for bonus (additional) leave at the rate of thirty-two (32) hours of
sick leave for each eight (8) hours of vacation, not to exceed a total
of forty (40) hours added leave time annually, utilization of which
would be subject to the scheduling and approval by the depart-
ment
epartment head.
(d) Sick Leave Exchange Procedure. Any regular employee may
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exchange accrued sick leave as provided in subsection (c) above at
the option of the employee, subject to the following conditions and
provisions:
(i)
A request for such an exchange shall be made to the
Director of Finance and Budget. All requests shall be in
writing and shall be signed by the employee making the
request.
(ii) Requests will be accepted only during the first five (5)
working days of each month with exchanged leave to be
available within fifteen (15) calendar days of the date the
request is received by the office of the Director of Finance
and Budget. Exceptions to the above will be made for termi-
nation, layoff or disability retirement.
(iii) No request will be granted for less than eight (8) hours
pay or a minimum of three (3) days' leave.
(iv) No exchange will be granted to an employee who has been
terminated for cause, as defined by Civil Service.
(v) In the event of layoff, exchange requests are the responsibil-
ity of the employee.
(e) In December of each year, any accruals beyond the one hundred
and twenty (120) day limitation will be automatically exchanged
based upon the formula of eight (8) hours pay for each thirty-two
(32) hours accrued or a percentage thereof for smaller accruals.
Such pay will appear on the employee's final pay check for the
year.
21.3 Bargaining unit members shall be authorized to use sick leave on the day
his wife gives birth. The employee shall be released by his supervisor upon the
arrival of a replacement if such is needed to maintain Division daily staffing
requirements. If the employee's sick leave has been exhausted, vacation leave,
holiday time, compensatory time, or other accrued time off may be used in lieu
of sick leave.
21.4 The Employer will allow an employee to use the employee's accrued sick
leave to care for a child of the employee under the age of eighteen (18) with a
health condition that requires treatment or supervision.
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ARTICLE 22 - SICK LEAVE POOL
22.1 The City Manager or his/her designee, in his/her discretion, may grant,
with the agreement of the Union Executive Board, to a regular full-time
employee who is a member of the Public Safety Dispatchers bargaining unit or,
with the unanimous agreement of the Union Executive Board to a City
employee, shared leave from the leave pool provided the following conditions
are met:
(a) The employee suffers from a catastrophic non -duty related illness
or injury.
(b) The employee has depleted or will shortly deplete his/her total
available paid leave. Paid leave is defined as vacation leave, sick
leave, accrued compensatory time, holiday time, and personal
holiday. Shared leave shall mean paid leave transferred to an
employee pursuant to this section.
(c) Where applicable, the employee has diligently pursued and is
found to be ineligible for Washington State Industrial Insurance
benefits.
(d) The employee is not eligible for other disability benefits that meet
or exceed the limits set forth in this program pursuant to local law,
state law, federal law, insurance, and/or any agreement.
(e) In requesting, the employee must have been a donating shared
leave pool member.
22.2 An employee may donate his/her accrued paid leave hours by submitting
a time card specifying the type and amount of hours to be donated to the Public
Safety Dispatchers bargaining unit extended sick/leave pool; provided, that the
donated hours do not cause the donor employee's sick leave balance to be less
than two hundred eighty-eight (288) hours, unless otherwise approved by the
Union Executive Board. The minimum number of hours to be donated at any
one time is eight (8) hours. Such time cards must be received by the Public
Safety Dispatchers Timekeeper no later than the fifth (5th) day of the first (1st)
month in any quarter of the year. In case of an emergency and upon request of
the Union Executive Board, the leave pool will be reopened by the City for
donations prior to said quarterly deadlines.
22.3 Paid leave shall be transferred on a dollar -value basis. The value of
shared leave shall be the dollar value of the paid leave at the time it is recorded
as available for use as shared leave. Once shared leave has been transferred to
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an employee, it shall be transformed into sick leave and so credited to the
employee's sick leave accrual. The dollar value of the pool will be increased by
the City by the same percentage or dollar -per -hour figure as any wage increase
effective for Public Safety Dispatchers bargaining unit members.
22.4 All requests/applications for shared leave shall be in writing on a form
provided by Public Safety Dispatchers and directed to the Union Executive
Board. Said written application shall contain the following information:
(a) The number of hours sought from the leave pool, in one-hour
increments.
(b) A physician's statement indicating the nature of the illness or
injury, the prognosis for recovery, and the expected duration of the
absence. All such information shall be kept confidential.
(c) An agreement to return to said leave pool any unused hours
received from said leave pool upon return to work or termination
of his/her employment for any reason.
All requests processed by the Payroll Office by the fifteenth (15th) of a month
shall be effective for that month.
22.5 The Union Executive Board shall recommend whether to approve a
request for leave from the leave pool, according to the following factors:
(a) The nature of the illness or injury of the requesting employee.
(b) Any history of excessive or abusive use of sick leave by the
requesting employee.
(c) The amount of shared leave available in the leave pool.
22.6 The Union Executive Board shall make every reasonable effort to
determine that an employee is granted shared leave only for catastrophic non -
duty related illness or injury and the limitations set forth in this policy. Use of
shared leave contrary to this Agreement shall result in cancellation of shared
leave, the balance of which will be returned/transferred to the leave pool. The
Union Executive Board shall so notify the involved employee and the Director of
Finance and Budget.
22.7 Hours awarded from the leave pool shall be on a first-come first-served
basis of qualified employees. The maximum withdrawal from the pool shall be
limited to the amount required to maintain the requester's employee status for
six months from the date of approval, per approval request.
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22.8 The Union Executive Board shall send written notification for the award
of sick leave hours from the leave pool to the City of Yakima Human Resources
Department, with a copy to the Payroll Officer. The Union Executive Board and
the City shall notify each requesting employee of the final decision on award of
hours from the leave pool.
22.9 The Personnel Officer shall be responsible for monitoring shared leave
and shall also be responsible for initiating the proper paperwork to the Payroll
Office to adjust the accrued leave balances to the recipient from the leave pool.
Records of all transactions from the leave pool to the recipient will be
maintained by the Payroll Office with a copy of each transaction also maintained
in the Human Resources Office. Recipients shall also have a record of his/her
hours received from the leave pool placed in their City and Department
personnel file.
ARTICLE 23 - BIRTHING LEAVE/MATERNITY LEAVE
23.1 Bargaining unit members shall be authorized to use sick leave on the day
his wife gives birth. The employee shall be released by his supervisor upon the
arrival of a replacement if such is needed to maintain Division daily staffing
requirements. If the employee's sick leave has been exhausted, vacation leave,
holiday time, compensatory time, or other accrued time off may be used in lieu
of sick leave.
23.2 The Union and the City agree to jointly develop appropriate language to
add to this article to cover the impacts of mandates by State and Federal statutes.
ARTICLE 24 - COMPENSATORY TIME OFF
24.1 All bargaining unit employees shall have the option of receiving payment
or credited time off at the rate of one and one-half (1.5) actual overtime hours
worked in accordance with Municipal Code Section 2.22.040. Compensatory
time shall be separately accounted for and will have to be cleared by use or pay
by December 31, annually.
Up to forty (40) hours of compensatory time may be accumulated. Use shall be
scheduled at the City's discretion with due regard to the wishes of the employees
and the City's work requirements.
24.2 Court Appearance Leave - In the event members of the bargaining unit
receive a subpoena to appear in court to provide testimony in an official
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capacity, such required absence from scheduled duty shall be considered time
worked for pay purposes. When said employees are required to appear in court
in an official capacity in their off duty hours, they shall be paid at the applicable
rate for such time. Verification of court attendance shall be on a form prescribed
by the Administration and shall include a statement of hours signed by the
relevant court clerk.
24.3 An off duty employee who is required by the Administration to testify
before the Civil Service Board on matters pertaining to his assigned duties shall
be compensated for actual time in attendance in accordance with 24.2 of this
Article. Verification of attendance shall be on a form prescribed by
Administration and shall include a statement of hours of attendance signed by
Administration.
24.4 Training Time - For bargaining unit members, training time required by
the Administration shall be considered as time worked for compensation
purposes. Optional training and efforts expended in preparation for
promotional exams, etc., shall not be covered by this clause.
ARTICLE 25 - PUBLIC SAFETY DISPATCH OPERATIONS
25.1 Cross -Training. The first Public Safety Dispatchers will be individuals
who were formerly Fire Dispatchers and Police Dispatchers who successfully
pass items set forth in section 12.3. Cross -training of these individuals will begin
as soon as administratively possible. Only these particular individuals who
were employed on the day the Employer made the decision to implement
Consolidated Dispatch operations will have the opportunity to have their
primary responsibility continue to be their particular emphasis but they will be
obliged to expeditiously be crossed -trained so that they can competently handle
all Public Safety Dispatch responsibilities inclusive of police, fire, emergency
medical and other dispatch responsibilities. The existing personnel affected by
this section are:
Lee Brandt
Pam Brown
Anna Cyr
Jim Kennard
Frances Moritz
Roxy Nicholson
Ray Ochs
Rick Ringer
Carol Schnellman
Katy C. Ybarra
25.2 New Public Safety Dispatchers. All vacancies for Public Safety
Dispatchers shall be filled according to the Public Safety Dispatcher class
specification.
(a) Use of Qualified Employees. Persons assigned to work independently as
Public Safety Dispatchers in the Communications Center shall be Public
Safety Dispatch personnel who have passed the required Public Safety
Dispatcher Civil Service exams and/or hold the rank of Public Safety
Dispatcher, Lead Public Safety Dispatcher or Communications Center
Supervisor. This will include those individuals identified in Article 25.1 as
having held the rank of Fire Dispatcher or Police Dispatcher at the time the
employer decided to implement Consolidated Dispatch operations (9/5/95).
(b) Use of Other Employees in a Workload Related Emergency. In the event of
emergency circumstances which require additional Public Safety
Dispatchers, other Fire and Police personnel may be utilized provided that
they are accompanied by at least two (2) Public Safety Dispatchers at all
times. This condition shall exist only until such time as Public Safety
Dispatcher(s) or Supervisor can respond to the emergency.
(c) Use of Other Employees in a Personnel Shortage Related Emergency. In the
event that a Public Safety Dispatcher is incapacitated due to illness or injury
and/or is unable to serve or complete his/her duty shift for any reason, and
whereas another on -duty Public Safety Dispatcher is not readily available,
other Fire and Police personnel may be utilized provided that another Public
Safety Dispatcher or Supervisor is contacted as soon as possible for
replacement. This condition shall exist only until such time as another
Public Safety Dispatcher or Supervisor can respond.
(d) Work Outside the Bargaining Unit. In the event that classifications outside
of this Bargaining Unit, but in the Communications Center, require
emergency assistance, assistance shall be provided to those classifications
by Bargaining Unit members under the same limitations as set forth in this
article, Section 25.3 (b) (c).
(e) Filling of Vacant Positions. If Communications Center position(s) are
declared vacant, the employer shall make a good faith effort to conduct
examinations for the vacancy within 120 days unless the position(s) are
abolished by the City Council or frozen by the Appointing Authority. The
time limits for examining and filling a position, if said position is not
abolished by the City Council or frozen by the Appointing Authority may be
extended by mutual agreement of the parties. Subject to the provisions of
this section, vacancies for Public Safety Dispatcher shall be filled according
to Section 12.2 of this agreement.
25.4 Lead Public Safety Dispatcher. As soon as administratively possible after
the consolidation of the dispatch operation, the City shall temporarily assign for
a trial period of up to eighteen months, four (4) Lead Public Safety Dispatcher.
Pay for the temporary assignment shall be ten percent (10%) above the base pay
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for the Public Safety Dispatcher position. Personnel seeking these temporary
assignments shall submit a letter of application. Experience, skills, abilities and
seniority shall be taken into consideration when selections are made. Selections
will be determined by the Communications Manager and the Communications
Supervisor.
During and at the conclusion of the trial period, the City shall evaluate the need,
performance and benefit of these supervisory positions. Subject to that
evaluation, the City will determine whether to regularly fill any or all of these
positions. If the City decides to create and regularly fill these positions, they will
be considered promotional and shall be filled by open and competitive
examination if created.
If the City decides to establish the Lead Public Safety Dispatcher as a regular
position, the duties and title will be set forth in an applicable class specification.
Generally, those duties will be consistent with Public Safety Dispatcher duties
with the addition of following duties, but not limited to those duties: geofile
maintenance, training, payroll, data entry, relief duties and limited supervision
when the Public Safety Communications Supervisor or Manager are not present.
During the trial period Section 18.3, Relief Public Safety Dispatcher Differential
and Section 18.6 7, Shift Differential shall remain inactive and not applicable.
In the event, the City does not create and fill three (3) or more regular positions
of Lead Public Safety Dispatcher by the conclusion of the trial period then
Section 18.3, Relief Public Safety Dispatcher Differential and Section 18.6 7, Shift
Differential shall be reinstated.
In the event the City does create and fill three (3) or more regular positions of
Lead Public Safety Dispatcher by the conclusion of the trial period then Section
18.3, Relief Public Safety Dispatcher Differential and Section 18.6 7, Shift
Differential shall be null and void and not of legal effect.
ARTICLE 26 - HOURS OF WORK AND OVERTIME
26.1 The Employer has the right to schedule bargaining unit members to work
eight (8) hour, ten (10) hour or twelve (12) hour work shifts within a twenty-four
(24) hour period. The Employer has the right to schedule certain employees to
work eight (8) hour, ten (10) hour or twelve (12) hour work shifts. Work
schedules designed by the Employer will be consistent with the provisions of
FLSA.
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26.2 Overtime. For Bargaining Unit members, overtime hours are those hours
worked in excess of forty (40) hours in a regularly scheduled seven (7) day work
period and all hours outside one's normally assigned shift. For the purposes of
computing overtime all paid leave time shall be considered time worked.
26.3 No Pyramiding. Nothing contained in this collective bargaining
agreement shall be interpreted as requiring a duplication or pyramiding of
overtime payments involving the same hours of labor except as otherwise
specifically provided in this Agreement.
26.4 Meals and Break Periods Members of this Bargaining Unit will be granted
meal period(s) of forty (40) minutes during their shift. On an eight (8) hour shift
this will be a single meal period as close to mid shift as possible and on a twelve
(12) hour shift there shall be two (2) meal periods, as close as possible to four (4)
hours and again at eight (8) hours into their shift. A rest period of fifteen (15)
minutes shall be allowed for each four (4) hours of working time. Rest periods
shall be provided as near as possible to the midpoint of each four (4) hour work
period. Meal and break periods will be provided as long as a Public Safety
Dispatcher or Lead Public Safety Dispatcher is available for relief and the
workload existing at the time is such that the remaining personnel can provide
dispatching services at no degradation to the public. The Communications
Supervisor may also be used as relief for these periods but at the discretion of
the Division management. Personnel on meal or break periods shall be in the
immediate vicinity of the communications center (on the Law and Justice
Building grounds) and available for immediate call back to duty. On occasion,
but not regularly, at the discretion of the Lead Public Safety Dispatcher or
Division supervision, personnel may leave for a very short period of time during
the meal period. The time off site should not exceed fifteen (15) minutes and
shall count as part of the meal period.
ARTICLE 27 - SMOKING ON DUTY
27.1 The Union and the City recognize that health problems are caused by
smoking and therefore agree to the elimination of the use of all tobacco products
by everyone involved with the Public Safety Dispatching facilities in all
administrative offices, buildings or facilities. Violations of these provisions shall
constitute a basis for disciplinary action to be handled in accordance with
normal disciplinary procedures.
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ARTICLE 28 - PHYSICAL FITNESS
28.1 Bargaining unit members will have made available to them a time, which
shall not exceed sixty (60) minutes per work shift, to participate in an approved
aerobics/physical fitness program. This program shall be as approved by the
physical fitness committee. The scheduled times will be by agreement between
the Administration and the Union. At no time shall the scheduled
aerobics/physical fitness time cause a hiring situation to happen in order to
allow anyone to participate. Relief of on -duty personnel shall only happen when
work schedules and work loads allow. At other times participants shall use the
equipment, furnished by the Administration to accomplish their aerobics/fitness
times. The participants shall provide all of their own personal aerobics/fitness
clothing. The actual schedule of the aerobics/fitness period limes, availability of
relief and the list of approved activities shall be subject to approval by the
Administration, the physical fitness committee and the Public Safety Dispatch
Supervisor. As part of this program, the participants are encourages to be active
participants in the City's wellness program in order to have a total
wellness/fitness program.
28.2 Employees in this bargaining unit shall be required to have physical
examinations to be scheduled by and at the expense of the City. Examinations
shall be required at the ages of 40, 45, 50, and every 2 years after age 50. The
results of a medical examination, only as it relates to the ability of the employee
to carryout his/her job responsibilities, shall be forwarded to the Chiefs of the
Division. A copy of which will be sent to the employee.
28.3 If the Administration has a concern about an employee's physical and/or
mental fitness for duty, the Employer has the right to require said employee to
be examined by a qualified medical expert designated by the Employer at the
Employer's expense. The qualified medical expert will issue a statement to the
Chiefs regarding the employee's fitness for duty with a copy to the employee.
ARTICLE 29 - DEFERRED COMPENSATION
29.1 Effective the next pay period after signature of this collective bargaining
agreement by both parties and through December 31, 1997, 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 2% of base pay to a
deferred compensation account for each member of the bargaining unit.
29.32 Effective 1-1-98, each bargaining unit member shall be paid, in addition to
that employee's monthly salary, deferred earned compensation each month in an
26
amount equal to 3% of base pay to a deferred compensation account for each
member of the bargaining unit.
29.43 Said deferred compensation is separate pay and is not part of the base
monthly salary schedule codified in Yakima Municipal Code Pay and
Compensation Ordinance, subsection 2.20.110. This provision is subject to the
City's deferred compensation rules and regulations adopted by the City Council
and IRS regulations, and the computation of retirement contributions and
pension benefits shall be governed by applicable state law.
ARTICLE 30 - DISCIPLINE AND DISCIPLINARY PROCEDURES
30.1 Both parties have agreed to continue work and to complete a progressive
discipline policy.
ARTICLE 31 - PROPERTY LIABILITY
31.1 The City shall provide full physical damage insurance on City vehicles
which shall include Public Safety Division employees as insureds, or the City
shall, in the alternative, become self-insured for such physical damage. In either
case, the City waives any claim it may have against any Division employee for
damage to City property while that employee is acting within the scope of his
employment except in the instance of intentional misconduct, but the City
retains its right to discipline any employee for just cause.
ARTICLE 32 - MUNICIPAL CODE SECTIONS PERTAINING
BARGAINING UNIT MEMBERS
2.04
2.04.010
2.04.030
2.16
2.16.010
2.20
2.20.010
2.20.040
2.20.060
2.20.070
Group Insurance
Plan Adopted
City Contributions
Bonds For Officers
Bonds Required - Amount
Salaries
Persons Subject to the Plan
Policy for Pay Steps
Transfer, Promotion, Reclassification, Demotion or
Reinstatements of Employees
Reduction in Salary
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2.20.080 Effect on Budget
2.20.085 Reimbursement for Expenditures
2.20.086 Reimbursed Expenditures - Amounts
2.20.088 Uniform Allowance - Special Assignment Pay
2.20.100 Classification Plan
2.20.110 Compensation Plan
2.22 Fire Department - Working Conditions
2.22.010 Work Week
2.22.030 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
2.22.080 Holidays
2.24 Longevity Plan
2.24.010 Longevity Plan - Eligibility - Restrictions
2.24.015 Longevity Plan - Service Recognition Award
2.24.020 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
2.40.070 Unauthorized Absence
2.44 Lobbying by City Personnel
2.44.030 Permitted Activities of Representatives
2.44.040 Payment for Services of Representative
2.44.050 Prohibited Expenditures
2.44.060 Ethical Practices and Conduct
In cases of conflict between the Municipal Code and this Agreement, the latter
shall control. Nothing herein shall alter the parties' rights and obligations to
bargain collectively concerning proposed changes in the Municipal Code that
affect wages, hours or working conditions of bargaining unit employees.
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ARTICLE 33 - ENTIRE AGREEMENT
33.1 This collective bargaining agreement constitutes the entire agreement as
negotiated between the parties and no oral statements and/or previous written
agreements shall add to or supersede any of the specific provisions of this
agreement.
33.2 The Administration and the Union agree to establish monthly meetings
for the purpose of discussing matters considered of importance and to maintain
a channel of communication. It is intended that such communication be used as a
tool to prevent problems from developing and to solve problems which have
surfaced.
33.3 The problem resolving meetings shall not result in any modifications to
this collective bargaining agreement except by mutual written agreement by the
parties.
ARTICLE 34 - SAVINGS CLAUSE
34.1 All provisions of this Agreement are subject to applicable laws, and if any
provision of any article of this Agreement is held or found to be in conflict
therewith, said provision shall be void and shall not bind either of the parties
hereto; however, such invalidity shall not affect the remaining articles of this
Agreement. Notwithstanding any other provisions of this Agreement the
Employer may take all actions reasonable to comply with the Americans with
Disabilities Act and the Family Medical Leave Act.
ARTICLE 35 - CREATION OF NEW CLASSIFICATIONS
35.1 The salary, hours of work and fringe benefits for all newly created
classifications within the bargaining unit shall be negotiated with the Union.
The Employer will provide a job description for the new classification to the
bargaining unit representative prior to seeking applications for the new position.
Thereafter, the classification shall be filled by open and competitive competition.
If the new classification would be a logical progression for an existing
classification, then it will be filled by the promotional process. Otherwise, the
new classification would be filled by open and competitive competition. All
areas negotiated for the new classification shall be applied retroactive to the date
of hire or promotion of any individual who is placed into the new classification.
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ARTICLE 36 - CLASSIFICATION STUDIES
36.1 The long term assignment (greater than 6 months) of uncharacteristic duties
(e.g., dispatching taxi cabs, buses, shuttle services), that are outside what
normally would be considered duties related to a consolidated public safety
communications center (e.g., ambulance dispatching, fire department/district
dispatching, law enforcement agencies dispatching, Emergency services
dispatching), to any classification in the bargaining unit must be accompanied
by a classification study. The classification study shall be accomplished in a
reasonably timely manner.
ARTICLE 37 TERM OF THE AGREEMENT
37.1 This Agreement shall become effective and be enforced from the date of
signature by both parties forward through the 31st day of December, 1998.
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Executed by the parties hereto this J) day ofrneati lb, 1997.
CITY 9F YAKIMA:
By:
R. A. Zais, Jr.
City Manager
UNION:
By:
Represented by:
Anthony, M e, Management
Attorney or th City of Yakima
t .L
„y1�lv�0
City Contract No . tI 7-10S)
Resolution No. (:-V7-
A(:).-?; '
v.'.".;
Union Representative
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. � g
For Meeting of: 11/4/97
ITEM TITLE: Public Safety Dispatch Contract
SUBMITTED BY: Don Blesio, ryl Smith, Paul McMurray,
Al Chronisteielnd Wayne Wantland
CONTACT PERSON/TELEPHONE: K. Alan Chronister/575-6060
SUMMARY EXPLANATION:
After nearly one year of negotiations between City Management and IAFF, Local 469 we have
reached tentative agreement on a new contract for the twelve positions in the Public Safety
Dispatcher bargaining unit. Pending your approval, we feel that this contract represents
substantial progress in the relationship between the employees and the City. Within the
framework of this contract we feel that we now can proceed forward with the fully integrated
consolidation of the dispatch functions. The significant points of the agreement include the
following:
1) Wage package:
(A) Raises Police Dispatcher pay and Deferred Compensation to the present pay of
present Fire Dispatchers. This actions occurs when all existing dispatchers become
Public Safety Dispatchers, which is anticipated to be accomplished through the
Civil Service process in November.
(B) Effective January 1, 1998, Public Safety Dispatchers will receive a 3% raise and a
1% increase in Deferred Comp. The financial impact of these changes are included
in the 1997 budget and have been budgeted for in 1998.
2) Creation of a temporary assignment of Lead Public Safety Dispatcher which will be filled
from four (4) of the existing positions for a trial period of up to eighteen months to
determine how these positions may benefit the dispatch operation. During this trial
period the personnel assigned will receive premium pay of 10% or roughly $11,000 for
the year for all four positions.
In conclusion, all involved parties have worked diligently to find resolution to the myriad of
issues needed to be addressed in the formation of a new unit. At this point with the labor issues
being resolved, we can now begin the cross training process and develop what was originally
conceived as a truly consolidated Dispatch Center.
X Resolution Ordinance X Contract Minutes Plan/Map
Notification List Other (Specify)
APPROVED FOR SUBMITTAL:
Cify Manager
STAFF RECOMMENDATION: Approve as submitted.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
MEMORANDUM
October 16, 1997
T0: Honorable Mayor & City Council Members
PROM: Don Blesio, Sheryl Smith, Paul McMurray,
Wayne Wantland and Al Chronister
SUBJECT: Conclusion of Dispatch Consolidation
On September 8, 1997, a Dispatch Mediation Session took place that was
mediated by P.E.R.C. Representative Fred Rosenberry. The all day session
resulted in an impasse, but not without substantial substantive movement from
both Management and Labor. The meeting left eighteen points unresolved, but
it was felt that only one or two significant issues (mainly the lead dispatch
position) controlled the outcome for a Contractual Agreement.
On September 25th Management scheduled an impromptu negotiation session
with representatives from I.A.F.F. Local #469 without the services of Fred
Rosenberry or Tony Menke, in hopes that the one or two main issues could be
resolved.
At the conclusion of the negotiations session from the 25th, a tentative
agreement on the Contract was achieved. A summary of the main points of that
tentative settlement include the following:
1) A wage package that parallels the I.A.F.F. 469 Contract that includes:
(A) Raising Police Dispatcher pay and Deferred
Compensation to the present pay of present Fire
Dispatchers. This provision is tentatively set to occur in
November 1997, when all Police & Fire Dispatchers will
officially become Public Safety Dispatchers.
(B) Effective January 1, 1998, Public Safety Dispatchers
will receive a 3% raise and a 1% increase in Deferred
Comp. The financial impact of these changes were
included in the 1997 budget and have been budgeted for
1998.
2) Upon the signing of the collective bargaining agreement, four of the
present Dispatchers will be assigned, for up to an eighteen month trial
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period, as a lead Dispatcher, responsible for training, fill-in dispatch
duties, and limited supervision of their respective shifts. These
temporary assignment positions would be entitled to a 10% premium
pay, or roughly $11,000 for the year, for all 4 positions. This has also
been included in the 1998 Budget. This eighteen month period will
allow Management to assess the duties and responsibilities and evaluate
the need for up to 4 regular positions. Part of the Contract also
addresses the Union's concerns in regards to appointing a minimum of 3
positions at the conclusion of the trial period.
3) Management will make a good faith effort to fill the 2. vacant Dispatch
positions within 120 days, of the signing of the Agreement, remembering
that Civil Service action to waive testing for the present Police & Fire
Dispatchers needs to occur first, and then an announcement and testing
process could then ensue.
4) The meals and break time issue was resolved without adding personnel
or costing additional resources.
5) The City and the Union compromised on the provision of Special Pay for
Acting Assignments. This compromise alters the threshold to a minimum
of half a shift in an acting capacity and maintains management's
authority to make these assignments. The compromise of 6 hours would
probably never occur, as typically Acting Assignments are 8 hours, (one
day) or inclusive of up to a week or longer.
6) The Unfair Labor Practice in regards to T.V. and Entertainment is
withdrawn upon execution of the Agreement. A Letter of Agreement is
to be signed by both parties and sent to P.E.R.C. officially withdrawing
the U.L.P.
7) Numerous language issues were resolved including:
a) Retaining the current Management rights provisions.
b) Implementing the City's proposal limiting the
employer's obligation to release the number of
employees for Union Business leave to one person.
c) Implement the City's proposed article governing
Bargaining Unit Recognition.
d) Promotional standard language from the Union was
acceptable as a clarification item.
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e) A Classification Study Article was included from the
I.A.F.F. Contract. However, this Article (Article 35)
was rewritten by Management for clarification
purposes.
f) The Relief Dispatch Article (18.3) and Shift Differential
(18.6) are included in this Contract as a fall back
position for -the Union in case 3 regular lead Dispatcher
positions are not filled. However, it is unlikely that
these provisions would be realized, as a definite need
for the lead Dispatcher positions has been clearly
established.
8) Co-operation in the Center, (Article 25.5) was deleted from the contract.
Management felt that this was a good compromise because the
Management Rights clause (Article 4) and productivity (Article 6)
adequately covered our concerns.
In conclusion, a majority of the Mediation revolved around the Lead Dispatcher
Position. Management presented a package deal at the end of our Negotiation
Session on September 25th that addressed that issue and received concurrence
on all other Articles as part of that package. Attached is a copy of the draft
collective bargaining agreement contract for your review, with Article 25 being
the focal point of these negotiations.
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City of Yakima
Pails Safety Communications Settlement
1998 Fiscal Year
Percent
Birtirgr Raise Difference After Raise Change
Salaries $ 40,324.93 $ 18,474.15 $ 486,799.08 3.9%
Deferred Compensation .-$ -8,580.24 $ 6,040.44 $ 14,620.68 70.4%
Longevity 1 14,731.05 $ 715.88 $ 15,446.93 4.9%
FICA $ $7;812.40 $ 2,402.45 $ 40,014.85 6.4%
Retirement .$ x,874.96 $ 2,028.13 $ 38,903.09 5,5%
Industrial Ins./Unemployment $ 4,813.06 $ 92.34 $ 4,905.40 1.9%
Medical insurance '$ 44,824.08 $ $ 44,824.08 0.0%
Dental Insurance $ 10,344.36 $ - $ 10,344.36 0.0%
Life Insurance $ 836.40 $ (306.00) $ 530.40 •36.6%
Total
.$ :2E,941.48 $ 29,447.39 $ 656,388.87 4.7%