HomeMy WebLinkAboutR-2018-143 Collective Bargaining Agreement / IAFF (469)A RESOLUTION
RESOLUTION NO. R-2018-143
authorizing a collective bargaining agreement for 2018-2021 with the
International Association of Firefighters (IAFF) Local 469 representing the
PERS bargaining unit.
WHEREAS, pursuant to requirements of state law, labor negotiations have occurred
between the City and Municipal Employees represented by the IAFF Local 469 resulting in the
attached proposed collective bargaining agreement for 2018 through 2021, and
WHEREAS, the IAFF PERS members have voted in favor of the attached proposed
collective bargaining agreement; and,
WHEREAS, the City Council has determined that it is in the best interest of the City of
Yakima to settle collective bargaining in accordance with the terms and conditions of the attached
collective bargaining agreement, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager of the City of Yakima is hereby authorized and directed to execute the
attached and incorporated Collective Bargaining Agreement between the City of Yakima and IAFF
PERS employees The City Manager is also hereby authorized to and, without a further resolution,
execute amendments to the collective bargaining agreement which may be necessary or
appropriate to clarify its terms and conditions, maintain compliance the law, and/or make other
minor adjustments
ADOPTED BY THE CITY COUNCIL this 11th day of December, 2018.
atq Coffey Mayor
V r
ATTEST.
Sonya Clair Tee City Clerk
IAFF PERS
COLLECTIVE BARGAINING AGREEMENT
By and Between
THE CITY OF YAKIMA, WASHINGTON
and
LOCAL 469,
INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS,
AFL-CIO
EFFECTIVE:
January 1, 2018, through December 31, 2021
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 3
ARTICLE 8 - GRIEVANCE PROCEDURE 4
ARTICLE 9 - RELEASE FROM DUTY. 7
ARTICLE 10 - COLLECTIVE BARGAINING COMMITTEES 7
ARTICLE 11 - COLLECTIVE BARGAINING PROCEDURE 7
ARTICLE 12 - PROMOTIONAL STANDARDS 8
ARTICLE 13 - REFRESHMENT FUNDS 9
ARTICLE 14 - WAGES . 9
ARTICLE 15 - HEALTH CARE INSURANCE .. 10
ARTICLE 16 - LIFE INSURANCE 12
ARTICLE 17 - LONGEVITY PAY. 12
ARTICLE 18 - SPECIAL PAYS .. 12
ARTICLE 19 - VACATION LEAVE ... 15
ARTICLE 20 - HOLIDAYS . .. 17
ARTICLE 21 - SICK LEAVE ACCRUAL/EXCHANGE . 18
ARTICLE 22 - SICK LEAVE POOL .... 21
ARTICLE 23 - BIRTHING LEAVE/MATERNITY LEAVE . 21
ARTICLE 24 - LIGHT DUTY . . ... 21
ARTICLE 26 - PUBLIC SAFETY DISPATCH OPERATIONS. 23
ARTICLE 27 - HOURS OF WORK AND OVERTIME . 23
ARTICLE 28 - TOBACCO USE ON DUTY. .. ... . 24
ARTICLE 29 - DRUG TESTING POLICY. .... . 24
ARTICLE 30 - PHYSICAL FITNESS. .. 34
ARTICLE 31 - DEFERRED COMPENSATION 34
ARTICLE 32 - DISCIPLINE AND DISCIPLINARY PROCEDURES 34
ARTICLE 34 - MUNICIPAL CODE SECTIONS .. .. 38
PERTAINING BARGAINING UNIT MEMBERS ... 38
ARTICLE 35 - ENTIRE AGREEMENT ... 39
ARTICLE 36 - SAVINGS CLAUSE . .. 39
ARTICLE 37 - CREATION OF NEW CLASSIFICATIONS . .... 39
ARTICLE 38 - CLASSIFICATION STUDIES . .. . .. . 39
ARTICLE 39 - VEBA MEDICAL SAVINGS ACCOUNT . .... 40
ARTICLE 40 - TERM OF THE AGREEMENT ... . 40
IAFF PERS
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 2018, 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
The City hereby recognizes the Union as the exclusive bargaining representative for all
regular Fire Department employees in the Public Employees Retirement System (PERS)
classifications, 9-1-1 Calltakers, Public Safety Dispatchers and Public Safety
Communications Supervisors Excluded from the bargaining unit are the Chief of Police,
Fire Chief, Deputy Fire Chiefs, Shift Commanders, Fire Department Administrative
Assistant, Uniformed Firefighter personnel, Public Safety Communications Division
Manager, Public Safety Assistant Communications Manager, Communications Division
Office Assistant 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.
Said membership shall become optional 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
2.2 The Union will be given four (4) hours to provide Union education to new employees within
their first month of employment. Attendance by employee is optional. The education is
designed to give the employee a more complete explanation of all of the benefits of Union
membership
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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, allegations, or lawsuits
against the City arising from payroll deductions and/or the transmittal of such deductions
for 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
(c) The right to lay off employees for lack of work or funds or because of the
occurrence of conditions beyond the control of the City or where the continuation
of work would be wasteful and unproductive in the opinion of City officials
(d) The right to discipline or discharge employees for just cause, provided that the
City's right to discipline or discharge initial hires during their probationary period
shall not be limited by this section The parties agree to study policies for
administering this section
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(e) The right to assign incidental duties reasonably connected with but not necessarily
enumerated in job descriptions, shall nevertheless be performed by employees
when requested to do so by the Employer
(f)
The right to take whatever actions the Employer deems necessary to carry out
services in an emergency
ARTICLE 5 - EMPLOYEE RIGHTS
5.1 Except as otherwise provided in this labor contract, the provisions of this labor agreement,
where applicable, shall not be construed as a waiver of the Union's right to request and
require bargaining in accordance with the provisions of Chapter 41 56, RCW.
5.2 Employees shall be permitted to wear either one (1) union tie tack or one (1) union pin on
department uniforms The tie tack or pin shall not exceed 5/8 inch in diameter.
ARTICLE 6 - PRODUCTIVITY
6.1 The parties mutually recognize the desirability of improving productivity in order to provide
maximum services at reduced costs The Union agrees to actively cooperate and
participate in studies and agrees to discuss the implementation of programs to promote
efficiency, productivity and to reduce departmental costs. The goal of the parties is to
jointly work to reduce overtime
6.2 A joint committee shall be formed to promote labor peace, harmony and productivity. The
committee shall be composed of two representatives designated by the Union, two by the
City Council and two designated by management, and shall meet from time to time as
either party may reasonably request.
6.3 The City understands the Union's concern regarding the shortage of manpower and will
discuss the impacts of any potential shortages in personnel and will pursue, with Union
input, adequate resources to apply to needed services in the event of future annexations
and/or mergers
6_4 Management, at their discretion, may allow a former employee who left by resignation and
in good standing, and who has been gone for less than twelve (12) months, return to the
classification, which they left, or another classification in which they qualify
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; sexual
orientation, physical, mental, or emotional handicap; national origin; political affiliation,
Union involvement, or any other type of protected activity It is not the intent of
management to lower employment standards or hire individuals incapable of performing
the required tasks of the job classification Nothing in this section shall prohibit the City
from establishing bona fide occupational qualifications
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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 Special Provisions
(a) To be reviewable under this procedure a grievance must be commenced within
sixty days (60) calendar days after the action or decision giving rise to the
grievance
(b) Because of the diversity of the group covered under this agreement, in each step
it is identified by position to which supervisory position is responsible If a position
isn't named in a particular step then they would skip to the next step identified for
that position
i 9-1-1 Calltakers & Public Safety Dispatchers
ii Public Safety Communications Supervisor
iii Electronic Technician I & II, Supervisor
iv Fire Code Inspector
v Fire Mechanic I & II
vi Fire Office Assistant
Public Safety
Communications Supervisor
Public Safety Assistant
Communications Manager
IT Manager
Deputy Chief, Ops/Logistics
Deputy Chief, Ops/Logistics
Deputy Chief, Ops/Logistics
(c) 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 4(g), Step
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(d) A grievance may be entertained in or advanced to any step in the grievance
procedure if the parties so jointly agree
(e)
(f)
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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
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
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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
8.4 Process
(a) Step 1 - The Union Grievance Committee
As soon as possible, but in no case later than the time period specified above, an
employee who feels a matter or situation exists which constitutes a grievance shall
submit a written statement asserting their claim to -the Union Grievance Committee
The employee shall also inform their supervisor in conjunction with filing a
grievance with the IAFF Grievance Committee
(b) Step 2 - Grievance timely filed in writing with appropriate Management Personnel
Upon receiving a written statement from any source asserting a matter or
situation exists, which is claimed to constitute a grievance, the Union Grievance
Committee 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 Division Manager,
deputy chief or 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 Division Manager, deputy
chief or designee (dependent on the grieved employee's job classification) within
sixty (60) calendar days after the action or decision giving rise to the grievance
The Division Manager, Deputy Chief, or designee shall conduct an investigation
and provide a written decision within thirty (30) calendar days of receipt of the
grievance In the case of SunComm, the Assistant Division Manager will make a
recommendation to the Division Manager who will respond to the grievance within
the allowed timeframe
(c) Step 3 - Grievance Appealed To Chief(s)
If the Grievance Committee and the Division Manager, Deputy Chief or designee
cannot reach agreement regarding a remedy, the Grievance Committee may,
within thirty (30) calendar days of receipt of the, written decision, submit the
grievance to the Fire Chief or designee. The Fire Chief or designee shall make a
separate investigation of the issue(s) and notify the Grievance Committee in writing
of his/her decision, and the reasons therefore, within thirty (30) calendar days
(d) Step 4 - Grievance Appealed To City Manager
If the Grievance Committee is dissatisfied with the decision of the Fire Chief, the
Grievance Committee may within thirty (30) calendar days request a review by the
City Manager The City Manager shall forward a written decision to the Grievance
Committee within thirty (30) calendar days from receipt of the grievance.
(e) Step 5 — Grievance Appealed To Arbitration
Except as provided in 8.3 (f) of this Article, a grievance which is not resolved as
set forth may be appealed to arbitration If Union Grievance Committee desires to
submit the grievance to arbitration as the final step in the grievance process, they
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(f)
(g)
shall notify the City Manager in writing within thirty (30) calendar days of the date
the City Manager issues his/her decision as described in Section 8 4(d) 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
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 the 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 alternately striking names The parties shall flip a coin to decide
who starts the striking process The final name left on the list shall be the arbitrator
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 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 Union will pay their own remaining costs of arbitration, including attorney's
fees, regardless of the outcome
Any grievance, which the City's management may have against the Union shall be
reduced to writing and submitted to the President of the Union local If the matter
is not satisfactorily settled within twenty (20) calendar days, appeal may be
instituted as set forth in 8 4(e), Step 5, above
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 fifteen (15) calendar 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
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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 four (4) in number at any two (2) time, shall be granted up to a total of two
hundred forty (240) hours of time off for Union business between the four (4) employees,
provided that a maximum of one hundred forty (140) of these up to two hundred forty (240)
hours off will be paid at the standard rate granted for any leave with pay The City shall
be obliged to release two (2) employees 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 Assistant Manager, and provided further
that the total leave for this bargaining unit for the purpose set forth in this section shall not
exceed two hundred 240 (240) hours in any calendar year. Furthermore, partial shifts may
be utilized by employees for departure or return provided Division established minimum
staffing levels are maintained after the absence of the person(s) to be released on Union
Business Leave. Officers and members of the Union designated by the Union may use
Union business leave from any of the bargaining units that I.A.F F. Local 469 represents
ARTICLE 10 - COLLECTIVE BARGAINING COMMITTEES
10.1 Collective bargaining between the parties shall be carried out by the City Manager or his
designees, on behalf of the City Council, and a committee representing the Union No
later than August 5 of each year, the Secretary of the Union and the City Manager shall
notify one another regarding the names of persons constituting their respective bargaining
committees If a communication is forwarded previous to that date, a response will be
made within ten (10) working days
10.2 Members of the Union negotiating committee, not exceeding three (3) in number, shall be
granted leave from duty without loss of pay for all meetings between the City and the
Union for the purpose of negotiating the terms of a contract during the pre -impasse period
as provided in RCW 41.56, as amended, when such meetings take place at a time during
which any such members are scheduled to be on duty
10.3 Members of the Union negotiating committee, not to exceed three (3) in number, shall be
granted leave in the post -impasse period without loss of pay, except that when such leave
reduces the manpower level below that established as the minimum manpower
requirement of the Division, such leave shall be without pay.
ARTICLE 11 - COLLECTIVE BARGAINING PROCEDURE
11.1 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
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11.3
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 )
Impasse Resolution
(a) Mediation
In the event the Union and the City are unable to resolve any negotiable matters
relating to wages, hours, and working conditions for PERS employees, and before
any final City Council action by ordinance, resolution or otherwise, either party may
request mediation Said request must be filed within seven (7) calendar days from
the declaration of impasse Before mediation is requested, the unresolved matter
may be reduced to writing and reasonable notice given to the other party of intentions
to seek mediation Mediation shall be conducted by the Washington State Public
Employment Relations Commission
(b) Consideration by City Council
In the event the Union and the City are unable to resolve any negotiable matters
relating to wages, hours, and working conditions for PERS employees, such
unresolved matters may be submitted by either party hereto, to the Yakima City
Council for discussion and consideration by that body in an effort to satisfactorily
settle such unresolved matter prior to any final City Council action by ordinance,
resolution or otherwise Such consideration by the Council shall be made within
fifteen (15) calendar days following a written request. The parties shall have the right
to be in attendance and be heard
11.4 If the Union and the City desires that there be mediation as provided above, in Section
11 3 (a), the Union or the City must request in writing to the other party that such mediation
procedure be complied with prior to the submittal of the matter to the City Council for
consideration
ARTICLE 12 - PROMOTIONAL STANDARDS
12.1 Promotions shall be determined in accordance with the rules and regulations governing
the Yakima Fire Civil Service Commission All promotions 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
12.2 Employees who test for the position of Public Safety Dispatcher as a promotional
candidate from the 9-1-1 Calltakers classification shall receive five (5) preference points
added to their raw score from the testing process
12.3 Upon being promoted from 911 Calltaker to Public Safety Dispatcher an employee shall
be placed in the appropriate step of the Master Pay Ordinance for the new classification
as defined in Yakima Municipal Code 2 20 060
12.4 In the event an employee moves into a higher level position and a decision is made to
return them to the lower level position either voluntarily (with the approval of management)
or by direction of management (excluding disciplinary action), they shall be placed in the
pay step consistent with their actual service months
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12.5 Any time during the probationary period in the Public Safety Dispatcher classification a
promoted employee may either voluntarily (with the approval of management) or by
direction of management return to the position of 9-1-1 Calltaker with no loss of seniority
as long as the action was not the result of disciplinary action and follows the guidelines as
set forth in Section 12 4
12.6 Any time during the probationary period in the Public Safety Communications Supervisor
classification, a promoted employee may either voluntarily (with the approval of
management) or by direction of management return to the position of Public Safety
Dispatcher with no Toss of seniority as long as the action was not the result of disciplinary
action and follows the guidelines as set forth in Section 12 4
12.7 SunComm Seniority is defined as follows
(a) Time in Position
1 Accrues for time worked in a specific position. As long as the employee
remains employed within the Center, their time in position will be tolled until
such time as they may return to that position. Subject to 12 7(c)
2 For the purposes of Section 12 6, an employee leaving the Public Safety
Supervisor classification and returning to the Public Safety Dispatcher
classification, their "Time in Position" in the Supervisor classification will count
toward their "Time in Position" in the Public Safety Dispatcher classification
3 "Time in Position" shall be used for the hiring of overtime and scheduling
(b) Time in Center
1 Accrues from an employee's original hire date within the Center, regardless of
the positon they are working in the Center
2. "Time in Center" shall be used for vacation picks
(c) If an employee transfers to another division within the City of Yakima, their "Time
in Center" and "Time in Position" seniority will be tolled for a period lasting no longer
than twelve (12) months After twelve (12) months the employees "Time in
Position" and "Time in Center" seniority will be lost.
(d) If an employee leaves employment with the City, their "Time in Position" and "Time
in Center" seniority is lost effective upon date of separation
12.8 All vacancies for positions covered under this agreement will be filled in accordance with
Yakima Fire Civil Service Commission rules and regulations
ARTICLE 13 - REFRESHMENT FUNDS
13.1 The Union may authorize bargaining unit members to furnish in-house refreshments,
provided that any proceeds from such activities shall be used in-house for the benefit of
bargaining unit members or, upon approval by the Union, donated to charitable
organizations The Union shall be responsible for insuring that the refreshment funds are
administered consistent with applicable law
ARTICLE 14 - WAGES
14.1 Effective 01-01-2018, the base salary of the bargaining unit will be increased by 2 5%
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14.2 Effective 01-01-2019, the base salary of the bargaining unit will be increased by 2 25%
14.3 Effective 01-01-2020, the base salary of the bargaining unit will be increased by 2 25%
14.4 Effective 01-01-2021, the base salary of the bargaining unit will be increased by 2 25%
ARTICLE 15 - HEALTH CARE INSURANCE
15.1 Medical, Vision and Dental Care Coverage
(a) Effective April 1, 1994 covered bargaining unit employees, retirees and their
dependents shall participate in the "City of Yakima Employees' Health & Welfare
Benefit Plans" Eligibility rules, types and of levels of benefits, payment of
premiums through a cafeteria plan, co -payment, coinsurance and deductibility
requirements and all other terms and conditions for the provision of these health
benefits shall be governed by the "City of Yakima Employees' Welfare Benefit
Program"
15.2 Health and Dental Care Premium Contribution
(a) Employee Only Health Care Premium Contribution The City and the employee
shall share medical program premiums on a 50% by the employer and 50% by the
employee basis, with a maximum employee contribution of $50 per month
(b) Family Health Care Premium Contributions The City and the employee shall share
family medical program premiums on a 50% by the employer and 50% by the
employee basis, with a maximum employee contribution of $250 per month
(c) Dental Care Premium Contributions. The City shall pay the premium for bargaining
unit member employee and dependent dental care coverage
(d) Employee contributions under this Article will be accomplished through normal
payroll deductions
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
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(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
15.4 Disability Insurance
The Union has executed a disability life insurance policy that provides both short-term and
long-term disability life insurance for its 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 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 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 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 department time keeper
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 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 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 but 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, its 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.
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(f) Both Local 469 and the City have participated in the drafting of the language for
15 4 and as such, it is agreed by the parties that the general contract rule of law
that ambiguities in the contact language shall be construed against the drafter of
a contract shall have no application to any legal proceeding, arbitration and/or
action in which this section of the contract and its terms and conditions are being
interpreted and/or enforced
ARTICLE 16 - LIFE INSURANCE
16 1 The City will provide, without cost to the employee, $100,000 in face amount of life
insurance
ARTICLE 17 - LONGEVITY PAY
17.1 The City will pay longevity pay upon satisfactory completion of the following service and
at the designated rate
Service In Years Percent Of Base Pay
1 20
3 25
5 30
9 35
14 55
19 70
24 9 0
29 10 0
Service in years shall be defined as in Article 19, Vacation Leave, of this Agreement.
ARTICLE 18 - SPECIAL PAYS
18.1 Acting Pay
(a) Acting Supervisor- The City will pay acting assignment pay of 5% above their
normal base pay for an individual for such period of continuous service, as a
Supervisor 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
(b) Acting Dispatcher- The City will pay acting assignment pay of 5% above their
normal base pay for an individual for such period of continuous service, as Public
Safety Dispatcher, having been so assigned by the Administration or their
designee and provided further that the individual exercises the 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 job classification and Fire Civil Service rules and regulations That
employee must be trained to perform the duties of the higher classification Such time
spent in training shall be at the employee's normal rate of pay
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Employees eligible for Acting Supervisor assignment shall submit a letter of interest to
management by January 30th of each year or within thirty (30) days of becoming eligible
to act. Final decision to act will be determined by management after consideration of input
provided by current supervisors
18.3 Acting Assignments
Acting assignments shall be made under the following provisions
(a) Acting Public Safety Communications Supervisor assignment is not required when
the Communications Manager or Assistant Manager is present. Communications
Manager or Assistant Manager may assume the supervisory duties of a
Supervisor
(b) An employee vacates their position while currently on duty and there are sufficient
personnel on duty to fulfill minimum staffing requirements of all classifications
This would account for any leave type usage at the Supervisors discretion
(c) All acting down assignments shall be at the Actors standard rate of pay.
(d) Acting shall not be permitted if it causes additional overtime to another
classification or causes staffing to fall below shift minimums
(e) General Provisions
(1) Acting Supervisor assignments shall be filled as follows
(i)
Long-term Assignments - Acting Supervisor assignments one
hundred twenty-nine (129) hours or greater shall be offered first to the
Acting Supervisor with the most continuous acting seniority who is not
already assigned to a long-term acting assignment. If no actor
volunteers, management shall have the right to mandate the least
senior actor to fill the role
(ii) Short-term Assignments — Acting supervisor assignments less than
one hundred twenty-nine (129) hours shall be offered first to the most
senior actor based on the continuous acting seniority list.
(2) In assigning actors, the availability of the employee over the duration of the
assignment shall also be a criterion. If the eligible actor has leave
scheduled during the acting assignment, they will be allowed to reschedule
the affected leave based on availability at the time
(3)
Acting out of grade for unplanned absences in any class that is four (4) or
less hours from the beginning of the shift or during the shift, an actor may
be assigned from current shift staffing
(4) For vacancies with notice given that is greater than four hours in advance,
there shall be a sixty (60) minute call back for paged hiring Priority is given
to the first response
18.4 Call Back
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(a) An employee who is called back to duty after their scheduled shift has terminated,
but before the scheduled start of their next shift, shall be paid for all hours worked,
but 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 staffing requirements or an emergency
circumstance However, overtime at the applicable overtime rate shall be paid for
work performed
18.5 Mileage
The City shall pay each employee for his/her 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
thereunder
18.6 Uniform Maintenance
Bargaining unit members that do not utilized the uniform maintenance contracted by the
City may request to 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 Trainers
From time to time employees shall be designated as trainers to assist in the training of
new employees Management will select trainers based on interest, skill level and ability
to train Management will attempt to provide selected employees with instructor training
and certifications as available. Employees selected as trainers shall be paid a special pay
of 5% of their base wage when actively training
18.8 MSAG/Geofile Technician
The employer will pay $50 00 per month to the employee(s) assigned the duties of
maintaining the Master Street Addressing Guide (MSAG) or the Computer Aided
Dispatching Geographical File (Geofile) This assignment shall be at the discretion of the
Communications Manager and if assigned to more than one employee the total special
pay shall be divided equally among those assigned
18.9
Bilingual Employees
Qualified bilingual (Spanish speaking) Employees shall receive a special pay of 3% of their
base wage Employees must pass a proficiency test administered by the Civil Service
Chief Examiner or designee to qualify
18.10 Tool Allowance for Electronic Technicians and Maintenance Mechanics
The City will pay up to one percent (1 %) of an employee's base salary for tool replacement
allowance subject to prior approval on an item -by -item basis by the Employer The
purpose of this tool allowance is to provide for replacement of broken and/or stolen tools
subject to the Employer's approval
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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 one hundred four (104) 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 one hundred twenty (120)
hours,
(c) Employees with five (5) full years of service shall earn one hundred forty-four (144)
hours,
(d) Employees with ten (10) full years of service shall earn one hundred seventy-six
(176) hours;
(e) Employees with fifteen (15) full years of service shall earn two hundred (200)
hours,
(f)
Employees with more than twenty (20) full years of service shall earn two hundred
sixteen (216) hours
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 Newly hired unit members shall accrue and accumulate vacation leave through the end
of their first six months of service which may then be taken in the seventh month and each
month thereafter as accumulated.
19.4 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 )
19.5 Vacation accruals upon separation
(a) When separating from service of the City in good standing and when the employee
has given at least two (2) weeks' notice of their intention to leave, the employee
shall be compensated for vacation accruals earned and accumulated to the date
of separation
(b) No compensation for vacation leave shall be payable to any employee who
terminates their employment or is terminated before they have completed six
months of service
(c) An employee who is discharged or resigns as a result of disciplinary action shall
be entitled to be compensated for only the vacation leave which was earned in
preceding calendar years and not used at time of separation This provision shall
also apply to employees who quit without giving the notice specified in 19 5(a)
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19.6 Vacation Sell -Back Program
Employer implemented vacation sell -back program as follows
(a) Employees with an accrued vacation balance of three hundred (300) hours or less
have the option to sell back to the City up to one-third (1/3) of their accrued
vacation leave within a twelve (12) month period (based on a calendar year) as
per the City of Yakima Municipal Code provision in section 2 40 120
(b) Employees with an accrued vacation balance of three hundred and one (301)
hours or more have to option to sell back to the City up to one-half (1/2) of their
accrued vacation leave within a twelve (12) month period (based on a calendar
year) as per the City of Yakima Municipal Code provision in section 2 40 120
19.7 Annual Vacation Requests
(a) SunComm Center Employees
Annual vacation requests for the following year shall normally be started in
November of the current year The annual vacation first pick shall be for a singular
time period normally not to exceed 128 working hours As staffing and workload
allows and after all first picks have been made, employees will have the opportunity
to make a second annual vacation pick for a singular time period not to exceed 44
working hours As staffing and workload allows, and after all first and second
picks have been made, employees will have the opportunity to make a third annual
vacation pick for a singular time period not to exceed 44 working hours. Each of
these requests will be submitted and considered in seniority order based on the
employee's service in years with SunComm and with regard for staffing and
overtime Time spent in the classifications of Fire and Police Dispatchers for the
City of Yakima, prior to consolidation, shall count toward this service in years
(1) Vacation picks per classification shall be limited to (1) Public Safety
Communication Supervisor, two (2) Public Safety Dispatchers, and two (2)
911 Call -Takers at any one time
(2) In the event staffing levels fall below the minimum total number of required
persons to fulfill minimum shift standards per policy, management may
consider rescinding or modifying second and third vacation picks, after
every reasonable attempt has been made to fulfill them Exceptions to
cancelling vacations are no third pick may be cancelled without 14 day
notice and no second pick may be cancelled without 30 day notice
Cancellations of vacation shall first be on voluntary basis and shall then
proceed to third pick by seniority followed by second pick by seniority
(3)
The following annual time periods shall be considered restricted vacation
picks and shall follow the stipulations listed for each time period
• 4th of July- One annual vacation pick per classification allowed July 4th
and/or the weekend including July 4th if it falls on a Friday, weekend
day, or Monday Restricted days off shall not exceed a three (3) day
time period
• Central Washington State Fair- Dispatch classification will only allow
one annual vacation pick during the length of the fair Restricted days
off shall not exceed a ten (10) day period All other classifications will
remain unaffected (This provision shall only be in effect if a dispatcher
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is required to be posted at the command post on location at the
fairgrounds
• During these two (2) time periods, only annual leave requests will be
permitted to have scheduled time off No individual requests shall be
granted during these time periods unless management deems it
acceptable based on staffing levels at the time.
(b) Non-SunComm Center Employees
All members of the bargaining unit not within the SunComm Center shall continue
to use their current method for picking annual vacation leave
ARTICLE 20 - HOLIDAYS
20.1 SunComm Employees
(a) Due to the critical nature of the SunComm Communications Center and required
24/7 operations, all members of the bargaining unit working the shift schedule
within the Center will receive a credit of hours to their holiday leave account
equivalent to the number of hours of their regularly assigned shift for the ten (10)
observed holidays listed in 20 2(a) in addition to the number of personal holidays
negotiated in section 20 2 b). Hours shall be credited at the first of each year as
follows
Eight (8) hour regularly assigned shift = 80 hours
Ten (10) hour regularly assigned shift = 100 hours
Twelve (12) hour regularly assigned shift = 120.hours
(b) Holiday shifts shall be worked as assigned Relevant staffing levels will be
determined by the Department in accordance with operational requirements
Employees working on observed holidays will be paid at the rate of time and one-
half (1 '/z) for hours worked
(c) 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 31st of each year
up to a maximum of one hundred twenty (120) hours per employee
(d) New employees will receive holiday credits at the rate equivalent to the number of
hours of their regularly assigned shift per observed holiday 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
(e) An employee who uses their holiday time and leaves the Division before December
31st shall have the equivalent number of hours removed from their earned leave
account or final pay for each observed holiday remaining in the year.
(f) Employees transferring from days to shifts will receive holiday credits at the rate
equivalent to the number of hours of their regularly assigned shift per observed
holiday remaining in the year. Employees transferring from shifts to days will have
the equivalent to the number of hours of their previously assigned shift deducted
from their holiday hour credits per holiday remaining in the year, which shall not be
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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
20.2 All other members of the bargaining unit will observe the following holiday's accordance
with Municipal Code 2 40 080
(a) The following shall be recognized and observed as paid holidays
New Year's Day
Martin Luther King, Jr Day
Presidents' day
Memorial Day
Independence Day
Labor Day
Veterans' Day
Thanksgiving Day
Day after Thanksgiving Day
Christmas Day
January 1
3rd Monday in January
3rd Monday in February
Last Monday in May
July 4
1st Monday in September
November 11
4th Thursday in November
4th Friday in November
December 25
(b) Employees have the availability of one (1) personal holiday per year The personal
holiday hours shall be equivalent to the number of hours of the employee's
regularly assigned shift. Personal Holidays not taken prior to December 31st of
each calendar year will be forfeited
ARTICLE 21 - SICK LEAVE ACCRUAL/EXCHANGE
If necessary, the City and the Association agree to reopen negotiation of this Article to address
the recently codified statues and rules governing paid sick leave, authorized purposes and
definitions related to Initiative Measure No 1433
21.1 Bargaining unit members whose normally assigned shift is twelve (12) hours, shall accrue
twelve (12) hours of sick leave per month, ten (10) hour shifts will accrue ten (10) hours
of sick leave per month and eight (8) hour shifts will accrue eight (8) hours of sick leave
per month
On the first day of employment each newly hired permanent employee of the
Communications Division shall receive twelve sick leave days equivalent to the number of
hours of their regularly assigned shift, subject to following restrictions
Eight (8) hour regularly assigned shift = 96 hours
Ten (10) hour regularly assigned shift = 120 hours
Twelve (12) hour regularly assigned shift = 144 hours
(a) For permanent part-time employees, sick leave shall be prorated to the percentage
of a full-time position budgeted for that person
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21.2
(b) No additional sick leave will be accrued during the employee's first year of
employment.
(c) Should the employee either voluntarily or involuntarily terminate employment
during the first year and used sick leave hours equivalent to more than the number
of months employed, the excess hours shall be deducted from the employee's
accrued paid leave balance (i e vacation, compensatory, etc.)
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
1. 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 and
deposited into the employee's VEBA account.
2. 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
3 In the event of death in the line of duty, all sick leave will be exchanged for
pay at the rate of 100% of the employee's current base pay
4. In no case shall the cash out payment exceed Twenty Thousand Dollars
($20,000 00), provided, however, this cash out limit shall not apply with
regard to a Death in the Line of Duty.
(c) Sick Leave Exchange
Employees who have accrued more than seven hundred twenty (720) hours may
exchange such sick leave for bonus (additional) leave at the rate of twenty-four
(24) hours of sick leave for each eight (8) hours of vacation, not to exceed a total
of forty (40) hours added leave time annually, utilization of which would be subject
to the scheduling and approval by the department head
(d) Sick Leave Exchange Procedure
Any regular employee may exchange accrued sick leave as provided in subsection
(c) above at the option of the employee, subject to the following conditions and
provisions:
1 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.
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2 Requests will be accepted only during the first five (5) working days of each
month with exchanged leave to be available within fifteen (15) calendar days
of the date the request is received by the office of the Director Finance and
Budget. Exceptions to the above will be made for termination, layoff or
disability retirement.
3 No request will be granted for less than eight (8) hours pay or a minimum of
three (3) days' leave
4 No exchange will be granted to an employee who has been terminated for
cause, as defined by Civil Service
5 In the event of layoff, exchange requests are the responsibility of the
employee
(e) In December of each year, any accruals beyond the 1040 hour limitation will be
automatically exchanged based upon the formula of eight (8) hours pay for each
thirty-two (32) hours accrued or a percentage thereof for smaller accruals Such
pay will appear on the employee's final paycheck for the year
21.3 An employee eligible for sick leave with pay, shall be granted such leave for the following
reasons
(a) Instances of personal illness or physical incapacity resulting from causes beyond
employee's control,
(b) To care for a child of the employee with a health condition that requires treatment
or supervision, "child" as used herein includes biological, adopted, or foster child,
stepchild, or a child to whom the employee stands in loco parentis, is a legal
guardian, or is a de facto parent, regardless of age or dependency status) or
grandchild (includes step, adopted or natural),
(c) To care for a parent (includes biological adoptive, de facto, or foster parent,
stepparent, or legal guardian of an employee or the employee's spouse or
registered domestic partner, or a person who stood in loco parent's when the
employee was a minor child), a registered domestic partner; grandparent; sibling
(includes step, adopted or natural), or in-laws (includes parent -in-law, son-in-law
and daughter-in-law) It does not include uncle, aunt, niece, nephew or cousin
(d) For verifiable visits to a health care provider, for the employee, or for the
employee's immediate family
1 For the intent of this CBA, the "Immediate Family" includes spouse, child
(includes biological, adopted, or foster child, stepchild, or a child to whom the
employee stands in loco parentis, is a legal guardian, or is a de facto parent,
regardless of age or dependency status) or grandchild (includes step,
adopted or natural), parent (includes biological adoptive, de facto, or foster
parent, stepparent, or legal guardian of an employee or the employee's
spouse or registered domestic partner, or a person who stood in loco parentis
when the employee was a minor child), a registered domestic partner;
grandparent; sibling (includes step, adopted or natural), or in-laws (includes
parent -in-law, son-in-law and daughter-in-law) It does not include uncle,
aunt, niece, nephew or cousin
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(f)
2 The term immediate family does not include persons sharing the same
general household when the living style is primarily that of a dormitory or
commune
Quarantine of employee due to exposure to a contagious disease
21.4 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
21.5 Bereavement Leave
Employees who are eligible for sick leave under this CBA shall
(a) In the event of each death in the employee's immediate family, employees may
consume up to three (3) days bereavement leave, per event, without loss of pay
These three (3) days shall not be credited against their sick leave accrual
(b) In the event of any days beyond the initial three (3) bereavement days per event,
additional leave days will be debited against the employee's sick leave accrual.
ARTICLE 22 - SICK LEAVE POOL
Local 469 Executive Board will manage and is solely responsible for the administration of the
IAFF Sick Leave Pool and the processing of requests
(a) Donations made to the sick leave pool shall be in full hour increments.
(b) All requests processed by the Payroll Office by the fifteenth (15th) of a month shall
be effective for the month
(c) 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 23 - BIRTHING LEAVE/MATERNITY LEAVE
23.1 Pregnancy and maternity/paternity leave will be treated in accordance with state and
federal law.
ARTICLE 24 - LIGHT DUTY
24.1 Off -duty extended injury or illness
Bargaining unit members who are off -duty due to an extended injury or illness and cannot
perform their regular duties may request in writing to the appropriate Manager an
assignment to light duty Any Tight duty assignment will be contingent on the City'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 no
more than (30) days at which time it will be reviewed by the appropriate Manager to
determine if any extension of the assignment is warranted Light duty assignments will not
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include call taking, dispatching or supervisory duties or delay the appointment or filling of a
Civil Service position due to work being performed by the employee on light duty Any
employee on light duty will maintain all the rights and benefits of this contract and earn job
and position seniority as if on full duty
24.2 On -duty extended injury or illness
Bargaining unit members who are injured or incur illness on duty may be required at the
discretion of the department to be placed on light duty Any light duty assignment will be
contingent on the Department's needs and the employee's ability to perform assigned
duties within the scope that would be allowed based on a physician's recommendation All
light duty assignments will be for no more than (30) days at which time it will be reviewed
by the appropriate Manager to determine if any extension of the assignment is warranted
Light duty assignments will not include call taking, dispatching or supervisory duties, or
delay the appointment or filling of a Civil Service position due to work being performed by
the employee on light duty Any employee on light duty will maintain all the rights and
benefits of this contract and earn job and position seniority as if on full duty
ARTICLE 25 - COMPENSATORY TIME OFF
25.1 All bargaining unit employees shall have the option of receiving payment or credited time
off at the rate of one and one-half (1 5) actual overtime hours worked in accordance with
Municipal Code Section 2 22 040 Compensatory time shall be separately accounted for
and will have to be cleared by use or pay by December 31, annually
Up to forty (40) hours of compensatory time may be accumulated Use shall be scheduled
at the City's discretion with due regard to the wishes of the employees and the City's work
requirements
25.2 Court Appearance Leave
In the event members of the bargaining unit receive a subpoena to appear in court to
provide testimony in an official capacity, such required absence from scheduled duty shall
be considered time worked for pay purposes When said employees are required to appear
in court in an official capacity in their off duty hours, they shall be paid at the applicable rate
for such time Verification of court attendance shall be on a form prescribed by the
Administration and shall include a statement of hours signed by the relevant court clerk.
25.3 An off duty employee who is required by the Administration to testify before the Civil Service
Board on matters pertaining to his assigned duties shall be compensated for actual time in
attendance in accordance with 25 2 of this Article Verification of attendance shall be on a
form prescribed by Administration and shall include a statement of hours of attendance
signed by Administration
25.4 Training Time
For bargaining unit members, training time required by the Administration shall be
considered as time worked for compensation purposes Optional training and efforts
expended in preparation for promotional exams, etc , shall not be covered by this clause
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ARTICLE 26 - PUBLIC SAFETY DISPATCH OPERATIONS
26.1 New Calltakers, Public Safety Dispatchers and Public Safety Communications Supervisors
All vacancies for Calltakers Public Safety Dispatchers and Public Safety Communications
Supervisors shall be filled according to the Calltaker, Public Safety Dispatcher and Public
Safety Communications Supervisor class specification
26.2 Public Safety Dispatch Personnel
(a) Use of Qualified Employees. Persons assigned to work independently as Public
Safety Dispatchers in the Communications Center shall be Public Safety Dispatch
personnel who have passed the required Public Safety Dispatcher Civil Service
exams and/or hold the rank of Public Safety Dispatcher or Supervisor This will
include those individuals identified in Article 26 1 as having held the rank of Fire
Dispatcher or Police Dispatcher at the time the employer decided to implement
Consolidated Dispatch operations (9/5/95)
ARTICLE 27 - HOURS OF WORK AND OVERTIME
27.1 The Employer has the right to schedule bargaining unit members to work eight (8) hour,
ten (10) hour or twelve (12) hour work shifts within a twenty-four (24) hour period The
Employer has the right to schedule certain employees to work eight (8) hour, ten (10) hour
or twelve (12) hour work shifts. Work schedules designed by the Employer will be
consistent with the provisions of FLSA. When considering major schedule changes the
management shall solicit and consider, non -binding input from the employees regarding
the proposed new schedule configuration. The Employer will provide SunComm
employees six (6) months' notice when planning to implement a major schedule change
unless an emergent situation arises Once a new major schedule change has been
implemented that change will be reviewed at the end of the first year's operation
27.2 Work schedules are those hours normally assigned Work schedule assignments shall
normally be made prior to the start of the calendar year
27.3 Work schedule assignments shall normally be by seniority within the classification
Beginning with the most senior employees, they will indicate which current work schedule
assignment they prefer Remaining schedule slots shall be filled by assignment of
employees with the least seniority, excluding probationary employees Management
mandated assignments or re -assignments may become necessary as dictated by training,
staffing and special project concerns. Special project concern reassignments shall be for
the duration of the special project.
27.4 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 Management shall avoid involuntary assignment of overtime
to employees that result in less than eight (8) hours between working assignments,
excluding emergency situations and extreme staffing shortage
27.5 No Pyramiding
Nothing contained in this collective bargaining agreement shall be interpreted or enforced
in such a manner as to result in the duplication, pyramiding or multiple payment (whether
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by fractions or otherwise) of compensation for such items as overtime involving the same
hours of labor
27.6 Meals and Break Periods
(a) Members of this Bargaining Unit working within the SunComm Call Center 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 for SunComm Call Center
personnel as long as qualified personnel are 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 Personnel on meal or break periods shall
be in the immediate vicinity of the communications center and available for
immediate call back to duty On occasion, but not regularly, at the discretion of the
Shift Supervisor, personnel may leave for up to a 40 minute period of time during
the meal period
(b) All other members of this Bargaining Unit shall be entitled to at least one 30 minute
unpaid meal period to be scheduled as near mid -shift as possible
27.7 Employees whose schedules are changed shall have at least seven (7) calendar days prior
notice Notice shall be made during the employees scheduled working hours E-mail,
employee mail, updated master schedule, or personal contact shall constitute notice The
day notification is given shall count as a day of notice (example, an employee whose
schedule is to be changed on Monday must be notified no later than the preceding
Monday) Employees whose schedules are changed without seven (7) calendar days'
notice shall be paid overtime for those newly assigned hours In such reassignment
overtime situations the employee may be required to work their regularly scheduled hours,
as well, provided they can without assignment of excessive continuous hours
27.8 Overtime hiring shall typically be bid by seniority within position, if planned in advance of
the vacancy Preference will be given to the most senior bidder within the classification
provided it does not result in any additional vacancies or overtime Overtime shifts of eight
(8) hours or more will be offered in '/z shift increments
ARTICLE 28 - TOBACCO USE ON DUTY
28.1 The Union and the City recognize that health problems are caused by smoking and
therefore agree to the elimination of the use of all tobacco products by everyone involved
with the Public Safety Dispatching facilities in all administrative offices, buildings or
facilities Violations of these provisions shall constitute a basis for disciplinary action to be
handled in accordance with normal disciplinary procedures
ARTICLE 29 - DRUG TESTING POLICY
29.1 The mission of this unit is to protect the lives and property of the people of Yakima To
fulfill this mission and because it regards its employees as its most important asset, the
Division has a substantial interest in assuring that its employees maintain their physical
and mental fitness, stamina, alertness and control at all times while on duty
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Alcohol and drugs alter and impair an employee's ability to perform his or her duties, and
therefore increase the risk of accidents and injuries to members of the public, other public
safety employees, fellow firefighter's and the employee themselves.
To further the goal of a drug free work place, the Yakima Communications Division
believes that the following on -duty alcohol and drug testing programs are an effective way
to assure employee fitness for duty and to protect employees and the public from the risks
posed by employee use of alcohol and drugs Accordingly, the Division hereby implements
the following "random", "post -accident", and "return to duty" alcohol and drug -testing
program This policy is in addition to the City of Yakima Substance Abuse Policy, which
provides for "reasonable suspicion" testing
The parties agree to re -open this Appendix following the conclusion of bargaining
between the City and the IAFF LEOFF bargaining unit if modification to this Appendix is
necessary to maintain a uniform policy applicable to all IAFF members
A. Applicability
This policy applies to all members of SunComm covered under this collective
bargaining agreement.
B. Definitions
For purposes of this policy, and unless indicated otherwise, the following terms
shall be defined as follows
Accident
Accident means an occurrence associated with the operation of a vehicle if, as a
result:
• An individual dies,
• An individual suffers bodily injury; or
• There is damage to property
Alcohol
Alcohol means the intoxicating agent in beverage alcohol, ethyl alcohol, and/or
other low molecular weight alcohol including methyl and isopropyl alcohol
Alcohol Concentration/Content
Alcohol concentration/ content means the alcohol in a volume of breath expressed
in terms of grams of alcohol per 210 liters of breath as indicated by an evidential
breath test.
Alcohol Test
An alcohol test is a test conducted by a Breath Alcohol Technician, or any other
person trained in the Department of Transportation rules, using an Evidential
Breath Testing Device (EBT) to measure the amount of alcohol concentration in a
volume of breath
Breath Alcohol Technician
A Breath Alcohol Technician (BAT) is an individual who instructs and assists
individuals in the alcohol testing process and operates EBT devices
Confirmation Test
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A confirmation test means a second analytical procedure to identify the presence
of a specific controlled substance or controlled substance metabolite which is
independent of the screen test and which uses a different technique and chemical
principle from that of the screen test in order to ensure reliability and accuracy
Controlled Substance
Controlled substances are those substances whose dissemination is regulated by
law, including but not limited to narcotics, depressants, stimulants, hallucinogens,
and cannabis For the purpose of this policy, substances that require a prescription
or other written approval from a licensed health care provider or dentist for their
use shall also be included when used other than as prescribed The drugs and/or
their metabolites that are included in these categories are as follows marijuana,
cocaine, opium or opiates, barbiturates, amphetamines or methamphetamines,
and phencyclidine
Controlled Substance Test
A method for determining the presence of controlled substances in a urine sample
using a scientifically reliable method performed in accordance with procedures
specified in 49 CFR part 40, as amended
Failing a Controlled Substance or Alcohol Test
Failing a controlled substance or alcohol test means that the controlled substance
or alcohol test showed positive evidence of the presence of a controlled substance
or alcohol in an employee's system that is at or above a determined threshold level
This determination shall be made by the City MRO under the same standards as
passing a substance test. Failing a substance test shall be referred to as "testing
positive " Employees who refuse to take a substance test when requested to do
so shall be considered to have failed the substance test.
Evidential Breath Test Device
An Evidential Breath Testing Device (EBT) is a device approved by the National
Highway Traffic Safety Administration (NHTSA) and placed on the NHTSA's
Conforming Products List (CPL) and is used for the testing of breath for the
presence of alcohol
Medical Review Officer
A Medical Review Officer (MRO) is a licensed physician (medical doctor or doctor
of osteopathy) responsible for receiving laboratory results generated by the City's
drug testing program who has knowledge of substance abuse disorders and has
appropriate medical training to interpret and evaluate an individual's confirmed
positive test result together with his or her medical history and any other relevant
biomedical information
On -duty
For purposes of this policy, on -duty includes meal and break periods during the
workday and time during which an employee is on paid administrative leave
Passing a Controlled Substance Test
An individual passes a controlled substance test when an MRO determines, in
accordance with 49 CFR Part 40, that the results of the test:
• Showed no evidence of a controlled substance or controlled substance
metabolite,
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• Showed evidence of a controlled substance or controlled substance
metabolite for which the employee has a prescription, or
• Showed evidence of a controlled substance or controlled substance
metabolite below a determined threshold level
Passing a controlled substance test shall be referred to as "testing negative "
Passing an Alcohol Test
Passing an alcohol test means that the alcohol test result shows an alcohol
concentration of less than 0.02 Passing an alcohol test shall be referred to as
"testing negative"
Refusal to Submit
An employee "refuses to submit" to an alcohol or controlled substances test when
the employee fails to provide adequate urine for testing without a valid medical
explanation, the employee engages in conduct that obstructs the testing process,
or the employee does, not cooperate fully in the collection process. Examples of
refusal to submit include the following
• Failure to appear for a test.
• Failure to remain at the testing site until the testing process is completed
• In the case of a directly observed or monitored specimen collection, failure
to permit the monitoring of the provision of a specimen
• Failure to provide a sufficient amount of urine when directed and it has
been determined through a required medical evaluation that there was no
adequate medical explanation for the failure
• Failure to take a second test as directed by the collector
• Tampering with a urine sample
• Failure to complete all required forms and documents.
Screening Test
For alcohol testing, a screening test is an analytical procedure using an EBT to
detect if an employee has a prohibited concentration of alcohol in his/her system
For controlled substances testing, a screening test means an immunoassay screen
(or other Department of Health and Human Services (DHHS)-approved test)
utilized to eliminate "negative" urine specimens from further consideration
Substance Abuse Professional
A substance abuse professional (SAP) is a licensed physician (medical doctor or
doctor of osteopathy) or a licensed or certified psychologist, social worker,
employee assistance professional, or addiction counselor (certified by the National
Association of Alcoholism and Drug Abuse Counselors Certification Commission)
with knowledge of and clinical experience in the diagnosis and treatment of alcohol
and controlled substances -related disorders.
C. Prohibited Activities
1 No employee shall report for duty or remain on duty while having an alcohol
concentration of 0 02 or greater
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2 No employee shall report for duty or remain on duty while unable to perform
his or her job safely and effectively and/or while impaired by a controlled
substance
3 No employee shall report for duty or remain on -duty if the employee tests
positive for a controlled substance
4 No employee shall refuse to submit to a post -accident, random, return -to -
duty, or follow up alcohol and controlled substances testing
5 No employee shall consume or possess alcohol in the workplace (including
City vehicles) and/or while on duty
6 No employee shall illegally manufacture, distribute, dispense, possess, or
use any controlled substance in the workplace (including City vehicles)
and/or while on -duty
7 Supervisors shall give employees the opportunity to acknowledge the use
of alcohol at the time he/she is called to report for duty The employee will
be required to take an alcohol test if he/she acknowledges the use of
alcohol at the time he/she reports for duty but claims the ability to drive
and/or perform safety -sensitive functions
D. Random Testing
Employees covered hereunder are subject to random controlled substances
testing in accordance with the following
1 Twenty-five percent of the average number of covered employees shall
undergo random alcohol and controlled substances testing in each
calendar year
2 Random testing shall occur while an employee is on -duty If an employee
is off -duty when he/she is selected for random testing, the employee will
be tested upon return to duty
3 The selection of employees for random testing shall be made by a
scientifically valid method, such as a random number table or a computer -
based random number generator that is matched with employees' Social
Security numbers, payroll identification numbers, or other comparable
identifying numbers Under the selection process used, each covered
employee shall have an equal chance of being tested each time selections
are made
4 Random alcohol and controlled substances tests shall be unannounced
and the times and dates for administering such random tests shall be
spread reasonably throughout the calendar year
5 Employees who are notified of selection for random controlled substances
testing shall be immediately transported to the test site by a Supervisor
E. Post -Accident Testing
Employees covered hereunder are subject to post -accident alcohol and controlled
substances testing in accordance with the following
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1 As soon as practicable following an accident, each employee who was in
physical control of a vehicle involved in the accident shall be tested for
alcohol and controlled substances
2 If a post -accident controlled substances test is not administered within 32
hours of the accident, the supervisor shall. cease attempts to have the
controlled substances test administered and prepare and maintain on file a
record stating the reasons the test was not done within said 32 hours.
3. If a post -accident alcohol test is not administered within 2 hours following
an accident, the supervisor shall prepare and maintain on file a record
stating the reasons the test was not properly administered If a post -
accident alcohol test is not administered within 8 hours after the accident,
the supervisor shall cease attempts to have the alcohol test administered
and shall prepare and maintain on file a record stating the reasons the test
was not done within said 8 hours
4 An employee subject to post -accident testing shall remain 'readily available
for such testing, including notifying his/her supervisor of his/her location if
he/she leaves the accident scene 'An employee who fails to do so shall be
deemed to have refused to submit to testing Nothing herein shall be
construed to require the delay of necessary medical attention for the injured
or to prohibit an employee from leaving the accident scene for the time
period required to obtain emergency assistance
F. Return -to -Duty Testing
An employee who has engaged in and/or violated the alcohol and controlled
substances prohibitions of this policy shall not,be allowed to return to duty until that
employee has complied with the following.
• The employee has been evaluated by a SAP who shall determine what
assistance the employee needs in resolving problems associated with
alcohol misuse and/or controlled substances use, and
• The employee has complied with and remains in compliance with any and
all SAP recommended conditions of return to duty including rehabilitation
and/or treatment programs; and
• The employee has executed all necessary releases to permit the City to
confirm his or her compliance with all conditions of return to duty; and
• The employee tests negative for an alcohol and controlled substances
return -to -duty test.
Employees may use accrued vacation, holiday, compensatory time, sick leave or
trades, or may request unpaid administrative leave in accordance with city policies
while participating in a SAP evaluation and while complying with any rehabilitation
or treatment programs
G. Follow -Up Testing
Upon successful return to work, an employee willbe subject to follow-up testing
for alcohol and controlled substances. The SAP shall determine the frequency
and duration of follow-up testing, but such shall consist of at least twenty four (24)
unannounced tests in the first forty-eight months (48) months following the
employee's return to duty After that period of time, the SAP may recommend
additional follow-up testing or termination of follow-up testing. Follow-up testing
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shall not go beyond sixty (60) months after the employee's return to duty Refusal
to submit to return -to -duty testing or a follow-up test will be considered grounds for
discharge from employment.
H. Rehabilitation and Counseling
The Department recognizes that alcoholism and controlled substance dependence
are treatable diseases Therefore, the Department promotes voluntary
rehabilitation programs to encourage employees to seek professional assistance,
without fear of discipline, prior to testing positive for alcohol or drugs Toward this
end, the Department's philosophy on substance abuse is to emphasize prevention,
provide education and training to employees to clarify this policy, and assist
employees in recognizing substance abuse problems and finding solutions to
those problems
The Department offers employees the use of counseling and rehabilitative services
pursuant to coverage limitations and in accordance with the terms of its benefits
programs A voluntary request by an employee for assistance with an alcohol
and/or controlled substance dependency will remain as confidential as possible
and will not be used, in Itself, as a basis for disciplinary action Employees are
personally responsible for seeking treatment for substance dependency and are
responsible for all costs not covered by insurance
Paid leave shall be granted for appointments with the City's Employee Assistance
Program (EAP) provider with prior approval by the employee's supervisor, for up
to 3 visits per year The costs of the visits with the EAP shall be borne by the City
The EAP counselor may contact the Department for authorization for additional
paid time off The employee may also use any available accumulated leave in
accordance with city leave policies in order to participate in extended counseling
and/or rehabilitation
Prescription Drug Use
The appropriate use of legally prescribed drugs and non-prescription medication
is not prohibited It is, however, the employee's responsibility to inform health care
professionals of the employee's job duties and determine whether or not a
prescribed drug may impair his or her job performance or mental or motor function
Employees must remove themselves from service if they are unfit for duty
Employees are required to report the use of medically authorized drugs or other
substances that may create a direct threat by impairing job performance of safety -
sensitive functions to his/her supervisor and provide written medical authorization
to work from a physician Failure to report the use of such drugs or failure to
provide proper evidence of medical authorization may result in disciplinary action
J. Additional Employee Rights and Responsibilities
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1 An employee who wishes to challenge a positive controlled substances test
must do so within 72 hours of notification of the positive result. The
employee must notify the MRO that he/she wishes to challenge the test
result. The split -specimen must be processed at a different Department of
Health and Human Services -certified laboratory The employee will be
solely responsible for costs necessary for the re -test.
2 An employee required hereunder to undergo post -accident alcohol and
controlled substance testing while off -duty shall be put on paid
30
administrative leave for the time period necessary for conducting said
testing.
3 The City reserves the right to search, without employee consent, all City
owned property, and any property or area jointly or fully controlled by the
City when reasonable suspicion exists to believe the search will reveal
evidence of a violation of this policy
4 In accordance with the Drug Free Workplace Act of 1988, an employee
who is convicted of any criminal drug statute for a violation in the workplace
shall notify the City Human Resource Manager no later than 5 days after
such conviction
5 Employees who observe or have knowledge of another employee in a
condition that impairs the other employee's ability to perform job duties or
poses a health or safety risk shall promptly report the matter to an
immediate supervisor
K. Disciplinary Action
The following actions are subject to disciplinary action, up to and including
termination.
• A positive alcohol and/or controlled substance test.
• Refusal to submit to an alcohol and/or controlled substance test.
• Disclosure of the identity of a firefighter selected for random testing or the
fact that a random selection is scheduled to take place prior to the test.
• Failure to complete a counseling, treatment, or rehabilitation program
recommended by the SAP
• The consumption or possession of alcohol in the workplace (including City
vehicles) and/or while on duty
• The illegal possession, manufacture, use, distribution, or sale of any
controlled substance, drug paraphernalia, or other prohibited substance in
the workplace (including City vehicles) and/or while on -duty.
• Any other violation of this policy
If a communications division employee fails an alcohol and/or controlled substance
test for the first time, the Chiefs will engage in a good faith effort to offer the
employee the opportunity to return to duty under certain conditions including, but
not limited to, return -to -duty testing, follow-up testing, an appropriate rehabilitation
program, and discipline Tess than termination, provided however, that the City
retains the ability to terminate an employee in the case of aggravating
circumstances
A communications division employee who fails an alcohol and/or controlled
substance test for the second time during his/her career shall be terminated.
L. Collection and Testing Procedures
Controlled substance testing shall comply with 49 CFR Part 40, procedures
designed to ensure the accuracy and integrity of the test results and include
screening tests, confirmation tests, chain of custody safeguards, and appropriate
privacy and confidentiality protections
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Alcohol testing will be performed by a trained breath alcohol technician (BAT)
utilizing an evidential breath testing device (EBT) Testing will take place at a site
designated by the City The BAT will inform the employee of the EBT results at
the time of testing If the screening test shows an alcohol concentration of 0 02 or
greater, a breath confirmation test will be conducted after 15 minutes of the
screening test and before 30 minutes If the confirmation test shows an alcohol
concentration of 0 02 or greater, the BAT will show the employee the printed test
results and shall notify the Fire Chief of the test results
Controlled substance testing will be performed by split -specimen urinalysis at a
test laboratory certified by the U S Department of Health & Human Services
("DHHS") The test involves an initial screening performed by the enzyme
multiplied immunoassay test ("EMIT") Any positive test is then confirmed by a
second test of the same sample by Gas Chromatography/Mass Spectrometry
("GC/MS") Prescription information will not be requested from an employee prior
to laboratory testing The City's designated MRO shall receive and interpret test
results and report them to the City Laboratory analysis of urine specimens shall
be restricted to those tests authorized by this policy to detect drug use They shall
not be used for other purposes such as the analysis of physiological states or
diseases
The following initial cutoff levels shall be used when screening specimens to
determine whether they are negative for these drugs or classes of drugs
Alcohol
Marijuana metabolites
Cocaine metabolites
Opiate metabolites (1)
Phencyclidine (PCP)
Amphetamines
Initial test cutoff
levels (ng/ml)
02g/210 ml expired air
50
300
2000*
25
1000
* 15 ng/ml if immunoassay specific for free morphine
All specimens identified as positive on the initial test shall be confirmed at the
cutoff levels listed below for each drug
Confirmation test cutoff
levels (ng/ml)
Alcohol 02g/210 ml expired air
Marijuana metabolites 15
Cocaine metabolites 150
Opiates
Morphine 300
Codeine 300
6-acetylmorphine 10
Phencyclidine 25
Amphetamines
Amphetamine 500
Methamphetamine 500
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Prior to reporting a positive test result, the MRO shall give the employee an
opportunity to discuss the test result, including providing verification of any
prescription medications If the employee meets with the MRO and fails to present
information affecting the test result, or if the employee refuses to meet with the
MRO, the MRO will verify a positive test result and will inform the City Human
Resources Manager and Fire Chief on a confidential basis that the employee
tested positive. The MRO will also inform the employee at the time the test result
is verified that he or she may request a "re -test" at their own expense within 72
hours
M. Confidentiality
All records relating to controlled substance test results performed pursuant to this
policy shall be maintained in a secure location with controlled access Except as
required by law or authorized by the employee, the City shall not release such
records Test results obtained pursuant to this policy shall not be used as the basis
for criminal investigation
The city shall make one legible copy of the results of his/her drug and/or alcohol
tests available to the employee upon request.
N. Communication and Education
Communicating this policy to employees is important to its success Therefore, all
new and covered employees shall receive-
• One written copy of this policy prior to its implementation
• A brochure describing the City's EAP and any additional drug and alcohol
referral services.
• Information concerning the impact of the use of alcohol and drugs on job
performance
• Education on how the tests are conducted, what the test can determine and
the consequences of testing positive for drug or alcohol use.
No employee shall be tested before this information is provided to him/her
O. Savings Clause
It is understood that all provisions of this policy are subject to applicable federal,
state, and local laws, and if any provision of any section of this policy is held or
found to be in conflict therewith, said provision shall be void However, such
invalidity shall not affect the remainder of this policy, which will remain in full force
and effect.
P. Other
This policy as it applies to random and post -accident drug testing was initiated at
the request of the city and the city shall assume sole responsibility for its
administration. The Union does not stipulate that the random drug testing
provisions of this policy are lawful and the city agrees to indemnify and hold the
union and its officers harmless from any and all claims of any nature (except those
arising from the negligence of the union and/or its officers) where the legality or
constitutionality of this policy as it applies to random or post -accident drug testing
is at issue. This indemnification provision does not extend to claims that the union
or anyone acting on its behalf improperly or negligently advised, represented, or
performed services for an employee, disciplinary proceedings arising from
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violations of the policy, or any other right or liability of an employee related to this
policy
ARTICLE 30 - PHYSICAL FITNESS
30.1 SunComm Call Center employees 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 workloads allow At other times participants
shall use the equipment, furnished by the Administration to accomplish their
aerobics/fitness times The participants shall provide all of their own personal
aerobics/fitness clothing The actual schedule of the aerobics/fitness period times,
availability of relief and the list of approved activities shall be subject to approval by the
Administration, the physical fitness committee and the Public Safety Dispatch Supervisor
As part of this program, the participants are encouraged to be active participants in the
City's wellness program in order to have a total wellness/fitness program
30.2 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 Administration regarding the employee's fitness
for duty with a copy to the employee
ARTICLE 31 - DEFERRED COMPENSATION
31.1 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 three (3%) percent of
base pay to a deferred compensation account for each member of the bargaining unit.
31.2 Said deferred compensation is separate pay and is not part of the base monthly salary
schedule codified in Yakima Municipal Code Pay and Compensation Ordinance,
subsection 2 20 110 This provision is subject to the City's deferred compensation rules
and regulations adopted by the City Council and IRS regulations, and the computation of
retirement contributions and pension benefits shall be governed by applicable state law
ARTICLE 32 - DISCIPLINE AND DISCIPLINARY PROCEDURES
32.1 Purpose
To increase professionalism, improve morale, improve manager/employee relations,
foster long-term positive change, and deter future performance deficiencies
This Bargaining Unit 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 & Regulations as well as the City of Yakima's Administrative Codes
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32.2 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
substandard 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 defines 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 is informed that this is an oral reprimand
• Oral reprimands will be documented 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 the 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 the employee, and his/her immediate supervisor
• The employee informed that this is a formal written reprimand
• Written reprimands will be documented 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
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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 employees return to work
• The original disciplinary letter will be provided to the employee and a copy
of the pre -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
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
IAFF PERS
2018-2021 Final
36
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
C. Definitions of levels of infraction:
Minor Infractions — 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 Infractions — 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 other improper use of City property
• Releasing confidential information without proper authority
• Unauthorized or improper use of any type of leave
• Public defamation of character or the organization
Intolerable Infractions — 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
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.
IAFF PERS
2018-2021 Final
37
ARTICLE 33 - PROPERTY LIABILITY
33.1 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
2 04
2 04 010
2 04 030
2 16
2 16 010
2 20
2 20 010
2 20 040
2 20 060
2 20 070
2 20 080
2 20 085
2 20 086
2 20 088
2 20 100
2 24
2 24 010
2 24 015
2 24 020
2 40
2 40 010
2 40 020
2 40 030
2 40 035
2 40 040
2 40 050
2 40 060
2 40 070
2 44
2 44 030
2 44 040
2 44 050
2 44 060
ARTICLE 34 - MUNICIPAL CODE SECTIONS
PERTAINING BARGAINING UNIT MEMBERS
Group Insurance
Health Care Plan
City Contributions
Bonds For Officers
Bonds Required - Amount
Salaries
Persons Subject to the Plan
Policy for Pay Steps
Transfer, Promotion, Reclassification, Demotion or
Reinstatements of Employees
Reduction in Salary
Effect on Budget
Reimbursement for Expenditures
Reimbursed Expenditures - Amounts
Uniform Allowance - Special Assignment Pay
Classification Plan and Compensation Plan
Longevity Plan
Longevity Plan - Eligibility - Restrictions
Longevity Plan - Service Recognition Award
Leave Of Absence for Service in Armed Forces
Leaves Of Absence
Eligible Employees
Vacation Leave
Sick Leave
Bereavement Leave
Civil Leave
Military Leave
Leave Without Pay
Unauthorized Absence
Lobbying by City Personnel
Permitted Activities of Representatives
Payment for Services of Representative
Prohibited Expenditures
Ethical Practices and Conduct
IAFF PERS
2018-2021 Final
38
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 35 - ENTIRE AGREEMENT
35.1 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.
35.2 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
35.3 The problem resolving meetings shall not result in any modifications to this collective
bargaining agreement except by mutual written agreement by the parties
ARTICLE 36 - SAVINGS CLAUSE
36.1 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 37 - CREATION OF NEW CLASSIFICATIONS
37.1 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
ARTICLE 38 - CLASSIFICATION STUDIES
38.1 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
IAFF PERS
2018-2021 Final
39
ARTICLE 39 - VEBA MEDICAL SAVINGS ACCOUNT
39.1 The Bargaining Unit shall have the option of participating in a medical savings trust fund
Participation of the members shall be either all -in or all-out depending on the vote of body
This trust fund shall be funded by the employee's sick leave cash out at the time of
retirement.
ARTICLE 40 - TERM OF THE AGREEMENT
40.1 This Agreement shall be deemed effective from and after the 1st day of January, 2018
through the 31 st day of December, 2021, 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 Ir day of be-LC'VYl r,
Recommended by
LOCAL 469, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO
By.
er-m Rodriguez
Negotiator, IAFF Local 469
CITY OF YAKIMA.
By
By. C, By
Cliff M ore
City Manager
By \ GIOA-U1- �I '0G�
Connie Mendoza
Director of Human Resources
ATTEST` //JJ
�,I V
By ! 1� lei Sonya Claa'-Tee
City Clerk
...Th.
Nick Sloan
President, IAFF Local 469
Brad Coughenour
Public Safety Communications Manager
City Contract No )010 -‘2;
Council Resolution No R, -1010 " 1 y3
IAFF PERS
2018-2021 Final
40
1
ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 6.J.
For Meeting of: December 11, 2018
Resolution authorizing a collective bargaining agreement for 2018-
2021 with the International Association of Firefighters (IAFF) Local
469 representing the PERS bargaining unit
Cliff Moore, City Manager
Connie Mendoza, Director of Human Resources
SUMMARY EXPLANATION:
City Management and IAFF PERS representatives negotiated in good faith, a contract setting
forth the wages, hours, and other terms and conditions of employment for the next four years
(2018-2021). To that end, both parties recommend the City Council review and approve the
attached CBA proposal. The IAFF PERS group has voted and ratified this proposed agreement.
Highlights of the proposed CBA include:
• This contract will consolidate two smaller bargaining units IAFF Dispatchers & Supervisor
and IAFF Fire Pers Employees & 911 Call -takers into one collective bargaining group,
IAFF PERS.
• Wage adjustment of 2.5% for 2018 and 2.25% for 2019, 2020 & 2021. These wage
adjustments are included in the approved 2018 budget and proposed 2019 budget.
• Vacation accruals will be increase by 2 hours per month.
• Effective 2019 employee contributions for health care premiums will be increased to $50
per month for employee only and $250 per month for employee/family.
ITEM BUDGETED:
STRATEGIC PRIORITY:
APPROVED FOR
SUBMITTAL:
Yes
Public Safety
City Manager
STAFF RECOMMENDATION:
Adopt Resolution.
2
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description Upload Date
resolution 12/4/2012
D contract 121712018
Type
Geer Memo
Cover Memo
Memorandum of Understanding by and between
the City of Yakima and IAFF Local 469
Whereas, the parties would like to resolve an issue that was raised as a result of a Unit
Clarification Petition being filed on April 27, 2018, Case 130597-C-18;
Whereas, the IAFF Local 469 is the exclusive bargaining representative for the following
non -uniformed (aka "PERS") positions: 9-1-1 Calltaker and Public Safety Dispatcher;, Fire
Mechanic I & II, Fire Code Inspector, Electronics Technician I & II, Electronics Supervisor,
Public Safety Communications Supervisor, Fire Department Secretary I & II.
Whereas, the petition identified three (3) positions for unit clarification consideration a)
Electronic Technician I, b) Electronic Technician II; and c) Fire Code Inspector;
Whereas, after the petition was filed, due to the expressed wishes of the current
employees filling the positions of Electronic Technician I & II to retain membership and
representation of IAFF, the positions shall continue to be represented by the IAFF Local 469;
Agreement
The IAFF Local 469, the City of Yakima and its Fire Department hereby agree to the following:
1. Prospectively, from the date of this agreement, Electronics Supervisor and Electronic
Technician I and II will be covered by the general (aka "Charter) City of Yakima
Civil Service Rules and the collective bargaining agreement between the City and the
IAFF Local.
2. Prospectively, from the date of this agreement, the Electronics Supervisor, Electronic
Technician I and Electronic Technician II positions will remain in the IAFF
bargaining unit of non -uniformed (aka PERS) employees;
3. The Unit Clarification Petition 130597-C-18 will be withdrawn and this agreement
provided to the PERC.
Executed by the parties hereto this t day of
By: By:
IAFF President
acmq -/ a
CITY CONTRACT O.
RESOLUTION NO K-ao A' " 4/3
NDUM OF UNDERSTANDING
By and between
CITY of YAKIMA
And
LOCAL 469, INTERNATIONAL ASSOCIATION
OF FIREFIGHTERS AFL-CIO
THIS MEMORANDUM OF UNDERSTANDING (hereinafter "MOU") is made and entered into by
and between the Local 469, international Association of Firefighters AFL-CIO (hereinafter "Union")
and the City of Yakima, a Washington Municipal corporation (hereinafter "City").
Whereas, the City of Yakima 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; and
Whereas, the Union is the exclusive bargaining representative of all regular Fire Department
employees in the Public Employees. Retirement System classifications, 9-1-1 Calltakers, Public
Safety Dispatchers and Public Safety Communications Supervisors excluding the Chief of
police; Fire Chief, Deputy Fire Chiefs, Shift Commanders, Fire Department Administrative
Assistant, Uniformed Firefighter personnel, Public Safety Communications Division Manager,
Public Safety Assistant Communications Manager, Communications Division Office Assistant
and all other employees of the Police and Fire Departments; and
Whereas, the City and the Union agree that the provisions as set forth in this MOU supersede
any conflicting provisions in any Collective Bargaining Agreement covering the issues
contained in this MOU.
Therefore, the City and the Union to amend Section 27.8 of the IAFF Pers Collective
Bargaining Agreement 2018-2021 as follows:
27.8 Overtime hiring shall be bid by seniority within position, if planned In advance of
the vacancy. Preference will be given to the most senior bidder within the
classification provided it does not result in any additional vacancies or overtime.
Overtime shifts of eight (8) hours or more will be offered in'h shift increments.
(a) Hiring for unplanned absences in any class that is four (4) or less hours from
the beginning of the shift or during the shift,' an actor may be assigned from
current shift staffing provided it does not drop any classification on the shift
below minimums.
(b) For unplanned vacancies with notice given that is greater than four (4) hours
in advance; there shall be a sixty (60) minute call back for paged hiring.
Priority is given to the first response.
day of August, 2019.
City of Yakima:
For the IAFF PERS:
Cliff More Date Nick Sloan
City Manager
CITY CONTRACT NO;t Ap(t
RESOLUTION NO: y [3
President, IAFF Local 469
11-77
Date
MEMORANDUM OF UNDERSTANDING
By and between
CITY of YAKIMA
And
LOCAL 469, INTERNATIONAL ASSOCIATION
OF FIREFIGHTERS AFL-CIO
THIS MEMORANDUM OF UNDERSTANDING (hereinafter "MOU") is made and entered into by
and between the Local 469, International Association of Firefighters AFL-CIO (hereinafter "Union")
and the City of Yakima, a Washington Municipal corporation (hereinafter "City").
Whereas, the City of Yakima 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; and
Whereas, the Union is the exclusive bargaining representative of all regular Fire Department
employees in the Public Employees Retirement System classifications, 9-1-1 Calltakers, Public
Safety Dispatchers and Public Safety Communications Supervisors excluding the Chief of
police, Fire Chief, Deputy Fire Chiefs, Shift Commanders, Uniformed Firefighter personnel,
Public Safety Communications Division Manager, Public Safety Assistant Communications
Manager, Communications Division Office Assistant and all other employees of the Police and
Fire Departments;
Whereas, the City and the Union agree that the position of Communications Division Office
Assistant will become part of the Union; and
Whereas, the City and the Union agree that the provisions as set forth in this MOU supersede
any conflicting provisions in any Collective Bargaining Agreement covering the issues
contained in this MOU.
Therefore, the City and the Union to amend Section 1.1 of the IAFF PERS Collective
Bargaining Agreement 2018-2021 as follows:
1.1 The City hereby recognizes the Union as the exclusive bargaining representative for all
regular Fire Department employees in the Public Employees Retirement System
(PERS) classifications, 9-1-1 Calltakers, Public Safety Dispatchers, Public Safety
Communications Supervisors, Communications Division Office Assistant , and Fire
Office Assistant. Excluded from the bargaining unit are the Chief of Police, Fire Chief,
Deputy Fire Chiefs, Shift Commanders, Uniformed Firefighter personnel, Public Safety
Communications Division Manager, Public Safety Assistant Communications Manager,
Fire Department Administrative Assistant and all other employees of the Police and
Fire Departments.
The Communications Division Office Assistant will be placed in paygrade 580 and the current
employee will continue at step "C" until such time that all job duties/responsibilities are fully
restored to the position. All accrued PTO hours will be converted into vacation hours.
This MOU becomes effective when a new Master Pay Ordinance is effective reflecting these
changes.
i
Executed this 01r day of April, 2020.
City of Yakima:
Alex Meyerhoff
Interim City Manager
0
CITY CONTRACT N(Oj:,20 073
r/
RESOLUTION NO
4631Z0
Date
1
For the IAFF
Nick Sloan
President, IAFF Local 469
qG3-ZoZo
Date
focal- 469
InternationaC sociation of Fire ,F Titers
6 South 2ncr Street, Suite 416
yakima, AVA 98ga1
John W. Shahan
PRESIDENT
Mark Buskas
VICE PRESIDENT
Trent Nelson
Secretary/Treasurer
MEMORANDUM OF UNDERSTANDING
(For Incidental Time Off/Earned Leave Request)
THIS MEMONDUM OF UNDERSTANDING is made by and between the
International Association of Firefighters Local 469 (PERS) and the City of Yakima,
Washington, for the purpose of providing an agreed process governing incidental
leave/earned leave requests.
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; and
WHE ' AS: The IAFF Local 469 ("Union" herein) is the exclusive bargaining
representative of the PERS Suncomm who provide dispatch services and other related
Suncomm services within the City of Yakima; and
WHEREAS: The City and Union cooperatively recognize and agree, to adopt this
MOU in its entirety for the purpose of establishing incidental time off practices.
THEREFORE, the parties memorialize and state their agreement as foliows:;
Policy: It is the policy of SUNCOMM to allow time off in accordance with policy and
contractual agreements without adversely impacting the level of service.
This policy specifically addresses "incidental time off', which is defined as leave requests
made periodically throughout the year, unrelated to the annual 1s' 2nd and 3rd vacation picks.
II. Procedure:
1. The dynamic schedule shall be considered "complete" by the 8'' day of the preceding
month. This means all required staffing has been determined and overtime has been
awarded/mandated.
a. Example: Management will open the July schedule on June 1s` — alerting all staff
to the overtime availability for July. Staff will have until midnight on June 7' to
bid for the open shifts; on June 8'h all required shifts will be filled — either
through the bid process or by mandating appropriate classifications.
2. On the 8'I' day of the month preceding the requested leave, incidental leave requests that
have been received for the month will be reviewed, with a determination due by the 15'I'
day of the preceding month.
a. SUNCOMM shall approve all requests where either:
i. The request can be fulfilled without volunteers while maintaining
minimum staffing; or
ii. An available employee volunteers by the 15th day to cover the request.
b. All denials of requested incidental time off shall contain a written explanation for
the denial.
3. Once a request for incidental time off is granted, a later use of sick leave shall not cancel
the grant of incidental time off except when sick leave causes below minimum staffing
and use of other options have failed to bring staffing to minimum levels.
4. Incidental leave requests made outside of this timeline set forth in Paragraph II(2) shall
be considered using the criteria under Paragraph II(2)(a), except that SUNCOMM shall
post the request upon receipt and leave it open for volunteers for seven (7) days or the
period of time between the date the request is made and leave is sought, whichever is
greater.
5. Employees on leave, who anticipate or will be delayed in returning, shall notify the on -
duty supervisor as soon as practical.
6. In an effort for staff to ensure incidental time off, the Shift Trade Policy can be utilized.
7. The division manager, or designee, in emergency situations resulting in personnel
shortages or as the result of conditions requiring additional manpower above minimum,
can cancel time off that has been granted as outlined in the current CBA.
8. SUNCOMM shall deny requests for incidental time off for July 4th and/or the weekend
including July 4th if it falls on a Friday, weekend day, or Monday; provided, however,
that this restricted period shall not exceed a three-day period.
9. The division manager, or designee, shall review extenuating circumstances on a case -by -
case basis.
This Memoandum of Understanding is executed this day of 2021.
inn W. Shahan
President
IAFF Local 469
Chief on Markham
City Yakima Fire Department
Andrew Zuber
Suncomm Representative
Bob Harrison
City Manager
City of Yakima
Connie Mendoza
HR Director
CITY CONTRACT NO:'2, _ 113
RESOLUTION NO: R MI`e"i 1 S
MEMORANDUM OFUNDERSTANDING
BETWEEN THE CITY QFYAK8MA°
AND YA0yNAFIREFIGHTERS ASSOCIATION LOCAL 46g
ThbK4OUisintendedtoprovNeDepartment-widedireck7naoitnelatestoGovernur|os|ee'sAuAustJDw
2021 Proclamation 21-14.1 regarding COVID-19 vaccination requirement.
1. OVERVIEW
1,1. All Fire Department employees who are considered Health Care Providers shall comply with
Proclamation Z1—I4.1byOctober 18,ZO21.
lI The City has the authority and responsibility to ensure that employees covered by the
Proclamation comply with the parameters outlined in this directive, and each covered
employee shall ensure that he or she is complying with the parameters outlined in this
2. Procedure
2.1= Demonstrating Compliance — All qualifying Department personnel shall ensure they comply
with the proclamation by completing the following tasks:
2.1l Submit an acceptable proof of full vaccination against COV|D-I9 to City of Yakima
Human Resources byOctober l8m 202I.
JJl If an employee chooses to submit a medical o, religious exemption request and has
initiated their request by September 3 01h , 2021 and cooperates with the process, and
the exemption is still being reviewed on [)ctoberI8"', ZOZI'the employee will be
placed on paid directed leave and will suffer no loss in pay until the exemption
decision icprovided. |fanexemption request ismade after September 3Om,ZOZ1'in
the event of any delay of the exemption decision beyond October I8", 2021 the
employee may use a combination of annual leave and/or leave without pay until the
exemption decision isprovided.
2.1.1 If an exemption request is denied or an accommodation is not available, the
employee may use a combination of annual leave and/or leave without pay for up to
45 days from the denial or notice of the decision that no accommodation is available,
to become fully vaccinated. Failure to provide proof of beginning the process of
becoming fully vaccinated within ten (IO) calendar days of denial or such notice will
result in non -disciplinary separatlnn. Failure to provide proof offull vaccination
within the 46'day period will result in non'disdp|inaryxeparation.
2.1.4. |fanemployee receives the first dose ofthe vaccination late and fails tubecome fully
vaccinated by October I8w, 2O2l'the employee may use a combination of annual
leave and/or leave without pay for vptothirty (3U) calendar days to become fully
vaccinated.
2.1.5. Leave without pay taken in accordance with this agreement will not impact seniority.
2.1.6. Acceptable proof ofvaccination includes the following:
* Acompleted CDC O3V|D'19Vaccination Record Card orphoto ofthe card
° Documentation of vaccination from a healthcare provider or electronic health
record
m A state immunization information system record
* NOTE — A personal attestation is not an acceptable form of verification of COVID-
19vacc\nationstatu».
2.2� Vaccination Timeframes — Employees shall schedule vaccinations based on their preferred
vaccine and shall be fully vaccinated bvOctober l8«� 2021 unless an exemption request has
been granted orio|nprocess.
2.2.1. Moderna Vaccine — two doses are administered 28 days apart with full vaccination
being completed 14 days after the second dose.
3.2.2. Comirnaty (formerly Pfizer) V�ccine — two doses are administered 21 days apart with
full vaccination being completed 14days after the second dose.
I�.3. Johnson & Johnson Vaccine — one dose administered with full vaccination being
completed 14 days after administration.
22-4, Upon completion of the vaccination series, the employee will provide proof of
vaccination to the City of Yakima Human Resources Deportment prior to 5:00 pm/
2.3 Compensation —The City shall compensate employees as follows:
2.3,I- Employees are recommended to vaccinate outside of scheduled working hours and
shall make o reasonable effort to be vaccinated following the end of set, in order
to avoid potential staffing shortages should an employee experience an adverse
reaction. The City shall compensate employees for one hour of overtime per
vaccination shot received after the proclamation date afAugust 20m, I021 in an
effort to become compliant with the vaccine mandate when proof nfvaccination is
provided per Z.l.1above.
2.I2, The City shall place Fire Department employees, who have anadverse reaction tothe
vaccination that affects their ability to carry out their duties during regularly
scheduled working hours, unaKept OnSalary status.
2.4. ExemptionsandAccomnsodations—Employeeswhnreques anexemption and are approved
by the City Human Resources Department, are not required to get vaccinated and are exempt
from the proclamation, lfthey are unable todosobecause cf adisability, orifthe vaccination
requirement conflicts with one or more sincerely held religious beliefs, practices, or
observances. The City will provide reasonable accommodations consistent with the Americans
with Disabilities Act of 1990 (ADA), the Rehabilitation Act of 1973 (Rehabilitation Act), Title VII
of the Civil Rights Act of 1864 (Title VU), the Washington Law Against Discrimination (VVLAD),
and any other applicable federal o,state laws. The employer will provide aninitial response
to requests for exemption within three (3) business days of receipt.
2,4.1. Medical Accommodation
Employees will inform the HR Director or designee, either orally or in writing, as
soon as possible ifthey wish to request a medical exemption. The City and the
union encourage employees tosubmit completed necessary materials no later
than September 301^, 2021 to increase the likelihood of the request being
processed prior tothe October 18* deadline. To the extent that requests are
received after September 301h' the City will continue processing requests, as
received.
If the Employer requires a second medical opinion in the exemption process, the
Employer will cover all associated costs. The medical appointment including
trave|t�ime, will be considered work time.
Only Human Resources staff mrstaff who are bound to protect confidential and
sensitive information will handle and process exemption documentation. All
information disclosed to the Employer in the exemption process will be kept
w Employees requesting medical accommodation shall cooperate with all
Human Resources processes and communicate orally, byemail, orhard copy.
Human Resources may require additional documentation.
2,4.2, Religious Accommodation
* Employees will inform the HRDirector ordesignee, eitherora|lyorinvvhdng,os
soon as possible if they wish to request a religious exemption. The City and the
Union encourage employees tosubmit completed necessary materials no later
than September 301h' 2021 to increase the likelihood of the request being
processed bythe October 18mdeadline. Tothe extent that requests are received
after September 301h, the City will continue with processing requests as received.
w Only Human Resources staff mrstaff who are bound to protect confidential and
sensitive information will handle and process exemption documentation. All
information disclosed to the Employer in the exemption process will be kept
confidential.
~ Employees equest�ng religious accommodation shall cooperate with all
Human Resources processes and communicate orally, by email, or hard copy.
Human resources may require additional documentation of the sincerity of an
employee's religious beliefs only if it has an objective basis to doubt such
sincerity. Human Resources may require additional documents unrelated to
the sincerity ofanemployee's religious beliefs asrelevant.
2`4.3. Consistent with the Washington State Department of Health's guidelines found in
DOH 505-160 and applicable law, the City will conduct an individualized assessment
and determination of each individual's need and justification for an accommodation
request. The City may require additional information.
2.4.4. The City may deny requests:
Asallowed bvlaw.
That are identified asand known tmbebased onfalse, misleading, or
dishonest grounds ur1nformat|on;or
That are identified as and known to be based on the personal
preference ufthe individual and not onaninability toget vaccinated
because of disability or conflict with one or more sincerely held
religious beliefs, practices, or observances.
Employees may resubmit mnew request ifadditional documentation orinformation isavailable.
2.4.E The City will make a reasonable effort to keep employees in their existing duties and
may nequineOOV0-l9 safety measures consistent with current mandates, DOH, L&I,
and CDC as well as federal, state and/or local guidelines, or department directives.
2.4.6, Accommodations shall remain in place until the employee obtains a fully vaccinated
status, or the end of the [OV0 vaccine mandate established by Proclamation 21'
141 At such time employees may choose to end their accommodations by
submitting a request in writing to Human Resources, If at anytime m new COV|D
vaccine mandate or state of emergency comes into effect any employee seeking a
medical or religious accommodation from such mandate or emergency shall submit
anew request for accommodation toHuman Resources.
2.5. Separation ofService —All qualifying employees who are not fully vaccinated by October 18,
2021 and who do not have an accommodation request in process shall have the following
2.5.1. Retire
* Eligible employees may choose toretire under the Department ofRetirement
Systems adhering to the typical retirement process and procedures.
Employees' final day of work shall be no later than October 18m' 2021.
Employees may use additional annual leave or unpaid leave until no later than
November 17*, ZOJl'tocomplete the retirement process. To beeligible for
this provision, an employee must notify the [|1y on or before October 41"'
2021.
I5�2. Resignations
Employees may choose to resign employment with the City per Civil Service Rules for
General Fire Employees Rule XX|V.|naccordance with the Rules:
* Any permanent employee who resigns in good standing as a result of this
mandate, may atthe option ofthe appointing authority bere-hired toa position
of the some classification if vacancy exists without reapplication within a year
of the date of the resignation.
To resign in good standing an employee must give the City fourteen (14) calendar
days prior notice in writing. For the purpose of this MOU, notice must be received on
orbyOctober 4' 2821.
The City shall cash out accrued and unused vacation and sick leave as outlined in
the Collective Bargaining Agreement,
• Employees who are rehired with the City do not retain seniority status. Employees
who have not completed probation will be required to restart probation without
credit for the previous probationary tirne,
* For a period of twelve (12) months following resignation, employees may request
to be rehired by submitting a request in writing to the Chief Examiner. Employees
must meet any vaccination requirements at time of the request.
• Eligibility for rehire shall be on a first come, first serve basis. If multiple
employees request re -hire on the same day, the City will revert to the order of
seniority at time of separation.
• Candidates eligible far rehire will need to successfully pass an updated
background investigation and any physical examinations prior to re -hire.
Re -hired employees may be subject to retraining requirements at the
discretion of the Fire Chief.
2.5,3. Leave of Absence
Employees in good standing may request to take a leave of absence from the City
as a result of this mandate. A leave of absence provision is only applicable for this
MOU. The leave of absence will begin on Oct. 19th, 2021 and will expire no later
than April 17, 2022.
* Employees must submit a request in writing to the Are Chief and Chief Examiner
on or before October 4, 2021 to be eligible for this provision.
Vacated positions will not be held for the employee requesting a eave of
absence.
Employees may request reinstatement in writing to a previously held position if
a vacancy exists without reapplication. The employee must request
reinstatement by submitting a request in writing to the Chief Examiner prior to
April 17, 2022. Employees must meet any vaccination requirements at time of
the request for reinstatement. If an employee takes a lower level position and a
higher level previously held position becomes available prior to October 17,
2022, the employee will be entitled to the higher position. If no vacancy occurs,
employee will need to retest for any future promotional opportunities,
* The City shall freeze all leave banks.
* Reinstated employees shall maintain the seniority and leave accrual rates they
possessed at the time their leave began, and will not receive leave credit for the
duration of their leave of absence.
Upon attainment of fully vaccinated status, or end of the COVlD vaccine mandate,
nrend nfthe state ofemergency, the employee may request toend their leave of
absence and return to the next available position they are qualified for.
The employee shall make their request to be reinstated no later than April 17"'
----
* Upon receiving a request to be reinstated, if there are no vacant positions, the
employee will be placed on a reinstatement register that will expire on October
17m,2022. Employees must accept the first position offered and will not have the
ability to decline and remain on the register. If a vacancy is declined, the
employee shall beterminated osanon-disciplinary separation.
The City shall reinstate employees on a first come, first served basis. Any
employee onthe reinstatement register shall have preference, over those mnan
open competitive register for any vacancies. If multiple employees request
reinstatement on the some day, the City will reinstate employees in order of
seniority.
° Employees eligible for ne|nstatnent will need to successfully pass an updated
background investigation and any physical examinations prior to re -hire.
Reinstated employees may besubject to retraining requirements a¢the
discretion mfthe Fire Chief.
2.5.4. Termination
* The City will terminate the employment of employees who choose not to be
vaccinated, retire, os|Qn' or take leave of absence, and who do not have an
approved accommodation in place or in process by October 17, 2821. The
termination ofemployment will beeffective October l8,202l.
The City shall cash out accrued and unused vacation and sick leave as outlined in
the Collective Bargaining Agreement.
Terminated employees who later choose to be vaccinated may reapply through
the ordinary hiring process. The City shall have no obligation to rehire any
terminated employee,
Terminated employees shall not maintain their seniority or leave accrual rates
and any rehired employees will be treated as new employees,
This IVIOU is executed by the parties this day of September, 2021,
Bob Harrison
City Manager
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STATE OF WASHINGTON
OFFICE OF GOVERNOR. JAY tNSLEE
PROCLAMATION BY THE GOVERNOR
AMENDING PROCLAMATIONS 20-05 and 20-14
21-14,1
COVID-19 VACCINATION REQUIREMENT
WHEREAS, on February 29, 2020, 1 issued Proclamation 20-05, proclaiming a State of
Emergency for all counties throughout Washington State as a result of the coronavirus
disease 2019 (COVID-19) outbreak in the United States and confirmed person -to -person
spread of COVID-19 in Washington State; and
WHEREAS, as a result of the continued worldwide spread of COVID-19, its significant
progression in Washington State, and the high risk it poses to our most vulnerable populations
and our health care system, I have subsequently issued several amendatory proclamations,
exercising my emergency powers under RCW 43.06,220 by prohibiting certain activities and
waiving and suspending specified laws and regulations, including issuance of Proclamations 20-
:25, et seq., which limit Washingtonians' ability to participate in certain activities unless certain
conditions are met; and
WHEREAS, during early stages of the COVID-19 pandemic, health professionals and
epidemiological modeling experts indicated that the spread of COVID-19, if left unchecked,
threatened to overwhelm portions of Washington's public and private health-care system; and
WHEREAS, to protect some of our most vulnerable populations persons in health care
facilities, long-term care facilities (which includes nursing homes), and similar congregate care
facilities —and to protect our health and congregate care systems themselves, 1 issued several
proclamations imposing heightened protections on workers, residents, and visitors in those
facilities; and
WHEREAS, although COVID-19 continues as an ongoing and present threat in Washington
State, the measures we have taken together as Washingtonians over the past 18 months,
including the willingness of most Washingtonians to take advantage of the remarkable, life-
saving vaccines being administered throughout the state, have made a difference and have
altered the course attic pandemic in fundamental ways; and
WHEREAS, after months of improving COVID-19 epidemiological conditions in
Washington State, the emergence of highly contagious COVID-19 variants, including the
"Delta" variant that is at least twice as transmissible as the virus that emerged in late 2019,
coupled with the continued significant numbers of unvaccinated people., have caused COVID-
19 cases and hospitalizations to rise sharply among unvaccinated populations and have
resulted in breakthrough infections in some fully vaccinated individuals; and
WHEREAS, C( VID-19 vaccines are effective in reducing infection and serious disease, and
widespread vaccination is the primary means we have as a state to protect everyone, including
persons who cannot be vaccinated for medical reasons, youth who are not eligible to receive a
vaccine, immunocompromised individuals, and vulnerable persons including persons in health
care facilities, long-term care facilities and other congregate care facilities from. COVID-19
infections; and
WHEREAS, widespread vaccination rs also the primary means we have as a state to protect
our health care system, to avoid the return of stringent public health measures, and to put the
pandemic behind us; and
WHEREAS, COVID-19 vaccinations have been available in Washington State from December
2020 to the present, and since April 15, 2021, all Washingtonians over the age of 16 have been
eligible to receive free COVID-19 vaccinations from a wide variety of providers at many
locations; and
WHEREAS, as of August 4, 202.1, nearly 4,4 million Washingtonians, about. 70% of those
eligible and 58% of the total population, had initiated their vaccine series, leaving 2.1 million
eligible Washingtonians who were unvaccinated; and
WHEREAS, according to the U.S. Centers for Disease Control and Prevention (CDC), as of
August 1, 2021., approximately 67% of staff in Washington state nursing homes were fully
vaccinated; and
WHEREAS, healthcare workers face COVID-19 exposures in a variety of healthcare settings,
with those involving direct patient care likely at higher risk; and
WHEREAS, COVID-19 vaccines are safe and effective. COVID-19 vaccines were evaluated
in clinical trials involving tens of thousands of participants and met the U.S. Food & Drug
Administration's (FDA) rigorous scientific standards for safety, effectiveness, and
manufacturing quality needed to support emergency use authorization; and, to date, more
than 346 million doses of COViD-19 vaccines have been given in the United States with 8.2
million of those doses administered in Washington, and serious safety problems and long-
term side cffeets tare rare; and
WHEREAS, on July 6, 2021, the Office of Legal Counsel of the United State Department of
Justice issued a legal opinion stating that federal and state governments were not prohibited by
federal law 'from imposing vaccination mandates, even when the only vaccines available are
those authorized under the FDA's Emergency Use Authorizations; and.
WHEREAS, on July 26, 2021, approximately 60 medical groups, including the American
Medical
Association, the American College of Physicians, the American Academy of Pediatrics, the
American Academy of Family Physicians, the American Nurses Association, the American
Academy of Physician Assistants, the Association of Professionals in Infection Control and
Epidemiology, the .American Public Health Association, the Infectious Diseases Society of
America, LeadingAge, the National Hispanic Medical Association, the National Medical
Association, and the Society. of Infectious Disease Pharmacists, issued a memorandum
supporting mandatory, universal vaccination of all public and private health care and long-term
care workers, noting that such a requirement is the "fulfillment ofthe ethical commitment of all
health care workers to put patients as well as residents of long-term care facilities first and take
all steps necessary to ensure their health and well-being"; and on August 2, 2021, the
Washington State Society of Post -Acute and Long -Term Care Medicine submitted a ietter in
support of the above noted July 26, 2021 memorandum; and
WHEREAS, on July 15, 2021, the American College of Obstetricians and Gynecologists,
together with the Society for Matemal-Fetal. Medicine, posted a formal opinion stating that
medical professionals have an ethical obligation to be vaccinated against COVID-19 to prevent
the spread of harmful infectious diseases, and that women who are or may become pregnant
should be vaccinated against COVID-19; and
WHEREAS, it is the duty of every employer to protect the health and safety of employees by
establishing and maintaining a healthy and safe work environment and by requiring all
employees to comply with health and safety measures; and
WHEREAS, state employees live in and provide services to the public in every county in our
state, and many interact with the public on a regular basis, and they all interact with some
portion of the community at large to varying degrees before and/or after state work hours; and
WHEREAS, to further our individual and collective duty to reduce the spread of COVID-1.9 in
our communities, I issued Proclamation 21-14 requiring all employees, on -site independent
contractors, volunteers, goods and services providers, and appointees of designated state
agencies to be fully vaccinated against COVID-19 on or before October 18, 2021; and
WHEREAS, child-care settings, K-12 schools, colleges, universities, and community colleges,
(collectively. -educational settings") are foundations of Washington's communities and its
future, and provide a variety of vital services to students, families, and communities., thereby
making providing childcare services and in -person instruction in the fall 2021a priority; and
WHEREAS, increasing vaccination rates at educational settings is the strongest protective
measure against COVID-I9 available and, together with masking, vital to providing in -person
instruction in as safe a manner as possible; and
WHEREAS, on July 12„ 2021, 1 issued Proclamation 20-1.2.4 prohibiting institutions of higher
education from providing in -person instruction unless the institutions comply with specific
requirements related to vaccination, :masking, and operations; and
WHEREAS, on July 30, 2021, I issued Proclamation 20-9.4, prohibiting K-12 schools from
providing in -person learning unless the schools comply with masking instructions provided by
the Department of Health and the. Office of the Superintendent of Public Instruction; and
WHEREAS, the sharp increase in COVID-19 cases and hospitalizations, primarily among
unvaccinated populations but also in breakthrough infections in sonic fully vaccinated
individuals, makes it vital to expand the vaccination requirement to workers in educational
settings; and
WHEREAS, to provide additional clarity I am extending the prohibition to additional groups
and providing additional guidance relating to the vaccination requirement imposed in
Proclamation 21..14; and
WHEREAS, the worldwide COVID-19 pandemic and its persistence in Washington State
continue to threaten the life and health of our people as well as the economy of Washington
State, and remain a public disaster affecting life, health, property or the public peace; and
WHEREAS, the Washington State Department of Health continues to maintain a Public Health
incident Management Team in coordination with the State Emergency Operations Center and
other supporting state agencies to manage the public health aspects of the incident; and
WHEREAS, the Washington State Military Department Emergency Management Division,
through the State Emergency Operations Center, continues coordinating resources across state
government to support the Department of 'Health and local health officials in alleviating the
impacts to people, property, and infrastructure, a:nd continues coordinating with the state
Department of Health in assessing the impacts and long-term effects of th,e incident on
Washington State and its people; and
NOW, THEREFORE, I, Jay lnslee, Governor of the state of Washington, as a result of the
above noted situation., and under Chapters 38.08, 38.52 and 43.06 RCW, do hereby proclaim and
order that a State of Emergency continues to exist in all counties of Washington State, that
Proclamation 20-05, as amended, remains in effect, and that, to help preserve and maintain life,
health, property or the public peace pursuant to RCW 43.06.220(1)(4 and (3), I hereby amend
and supersede the prohibitions in 20-1.4 as set out below, subject to the conditions, exceptions,
and circumstances also set forth below, for the following activities:
1. Prohibitions. This order prohibits the following:
a. Any Worker from engaging in work for a State Agency after October 18, 2021 if
the Worker has not been fully vaccinated against COVID-19;
b. Any State Agency from permitting any Worker to engage in work for the agency
after October 18, 2021 if the Worker has not been fully vaccinated against
COVID-19 and provided. proof thereof as required below;
c. Any Worker from engaging in work for the operator of an Educational Setting
after October 18, 2021 if the Worker has not been fully vaccinated against
COVID-19;
d. Any operator of an Educational Setting from permitting a Worker to engage in
work for the operator after October 18, 2021 if the Worker has not been fully
vaccinated against COVID-19 and provided proof thereof as required below;
4
e. Any Health Care Provider from failing to be fully vaccinated against COVID-19
after October 18„ 2021; and
. Any operator of a Health Care Setting from paimittin.g a Health Care Provider to
engage in work for the operator as an employee, contractor, or volunteer in their
capacity as a Health Care Provider after October 18, 2021 if the .Health Care
Provider has not been fully vaccinated against COVID-I9 and provided proof
thereof as required below. Providers who do not work in a Health Care Setting
must provide proof of vaccination to the operator of the facility in which the
Provider works, if any, or, if requested, to a lawful authority. A lawful authority
includes, but is not 'limited to, law enforcement, local health jurisdictions, and the
state Department of Health.
2. Exemptions from Vaccine Requirement.
a. Disability and Religious Accommodations
• Workers for State Agencies, Workers for operators of Educational
Settings, and Health Care Providers are not required to get vaccinated
against COVID-19 under this Order if they are 'unable to do so because of
a disability or if the requirement to do so conflicts with their sincerely held
religious beliefs, practice, or observance. Workers for State Agencies,
Workers for operators of Educational Settings, and Health Care Providers
are prohibited from claiming an exemption or accommodation on false,
misleading, or dishonest grounds, including by providing false,
misleading, or dishonest information to a State Agency, operator of an
Educational Setting, or operator o.f a. Health Care Setting when seeking an
accommodati.on.
In implementing the requirements of this Order, State Agencies, operators
of Educational Settings, and operators of Health Care Settings:
o Must ,provide any disability -related reasonable accommodations
and sincerely held religious belief accommodations to the
requirements of this Order that are required under the Americans
with Disabilities Act of 1990 (ADA), the Rehabilitation Act of
1973 (Rehabilitation Act), Title VII of the Civil Rights Act of
1964 (Title VII), the Washington Law Against Discrimination
(WLAD), and any other applicable law. As provided in the above -
noted laws, State Agencies, operators of Educational Settings, and
operators of Health Care Settings are not required to provide
accommodations if they would cause undue hardship.
o Must comply with the procedures required under the above -noted
laws and any other applicable law when considering and deciding
whether to provide accommodations;
o Must, to the extent permitted by law, before providing a disability -
related reasonable accommodation to the requirements of this
order, obtain from the individual. requesting the accommodation
documentation from an appropriate health care or rehabilitation
professional stating that the individual has a disability that
5
necessitates an accommodation and the probable duration of the
need for the accommodation;
o Must, to the extent permitted by law, before providing a sincerely
held religious belief accommodation to the requirements of this
Order, document that the request for an accommodation has been
made and include a statement in the document explaining the way
in which the requirements of this order conflict with the sincerely
held religious belief, practice, or observance of the individual;
o Must, to the extent permitted by law, require an individual who
receives anaccommodation to take COVID-19 safety measures
that are consistent with the recommendations of the state
Department of Health for the setting in which the individual
works; and
o Are prohibited from providing accommodations:
• That they know are based on false, misleading, or dishonest
grounds or .information;
• That they know are based on the personal preference of the
individual and not on an inability to get vaccinated because of
a disability or a conflict with a sincerely held religious belief,
practice, or observance; or
Without conducting an individualized assessment and
determination. of each individual's need and justification for an
accommodation; i.e., "rubberstamping" accommodation
requests.
c. Any individual who is unable to get fully vaccinated against COVID-19 by
October 18, 2021 due to thc requirements of their participation in a COV1D-19
vaccine clinical trial is exempt from this Order. Any such individual who is a
Worker for a State Agency or a Worker for an operator of an Educational Setting
must provide documentary proof of their participation in the COVID-19 vaccine
clinical trial to any State Agency or operator of an Educational Setting for which
they engage in work. Any such individual who is a Health Care Provider must
provide documentary proof of their participation in the COVID-19 vaccine
clinical trial to any operator of a Health Care Setting for which they engage in
work as an employee,contractor, or volunteer in their capacity as a Health Care
Provider. A State Agency, operator of an Educational Setting, or operator of a
Health. Care Setting is prohibited from permitting any such individual to engage
in work for them after October 18, 2021 if the individual fails to provide such
proof.
d. Individuals who are too young to receive any COVID-19 vaccine, as authorized
for emergency use, licensed, or otherwise approved by the FDA, are exempt. from
this Order. Any individual who becomes old enough to receive any COVID-I 9
vaccine, as authorized for emergency use, licensed, or otherwise approved by the
FDA, while this Order is in effect must come into compliance with the
requirements of this Order within 60 days of the day they became eligible. Any
State Agency, operator of an Educational Setting, or operator of a Health Care
Setting for which such an individual engages in work must also come into.
6
compliance with the requirements of this Order with respect to the individualby
that deadline.
Proof of Full Vaccination Against COVID-19:
a. Where required above. Workers for State Agencies, Workers for operators of
Educational Settings, and :Health Care Providers must provide proof of full
vaccination against COV1D-19 by providing one of the following:
• CDC COVID-I 9 Vaccination Record Card or photo of the card;
• Documentation of vaccination from a health care provider or electronic
health record;
• State immunization information system record: or
• For an individual who was vaccinated outside of the United States, a
reasonable equivalent of any of the above.
b. A State Agency, operator of an Educational Setting, or an operator of a Health
Care Setting must obtain a copy of or visually observe proof of full vaccination.
against COVID-19 for every individual who is engaged in work for them and
required to provide such proof under this Order.
c. Personal attestation is not an acceptable form of verification of COVID-19
vaccination.
4. Election to Require Employers of Contractors to Assume Responsibility for Vaccination
Verification and Accommodation_Requirements
a. Notwithstanding anything to the contrary in this Order, a State Agency, an
operator of an Educational Setting, or an operator of Health Care Setting may
elect to require the employer of a contractor who is subject to this Order to
assume responsibility for the vaccination verification and accommodations
requirements in this Order. This election may be made with :respect to any or all
of an employer's. contractor -employees who are subject to this Order.
b. If such an election is made. after October 1.8, 2021, the employer's contractor -
employees are prohibited from engaging in work for the State Agency, operator
of the Educational Setting, or operator of the Health Care Setting, and the State
Agency, operator of the Educational Setting, or operator of the Health Care
Setting is prohibited from permitting such employee to engage in work for them,
unless the following requirements are met:
• By October 18, 2021., the employer must obtain a copy of or visually
observe proof of full vaccination against COVID-19 for every current
employee who is subject to the vaccination requirement in this Order;
• The employer must obtain a copy of or visually observe proof of full
vaccination against COVID-19 for every employee hired after October I • ,
2021 who is subject to the vaccination requirement in this Order;
The employer must follow the requirements for granting disability and
religious accommodations to its current and future employees that apply to
State Agencies, operators of Educational Settings, and operators of Health
Care Settings under this Order;
• By October 18, 2021, the employer must submit to the State Agency,
operator of the. Educational Setting, or operator of the Health Care Setting
7
a signed declaration in substantially the form prescribed in RCW 5.50.050
declaring that the employer has met the above requirements;
The employer -must submit additional signed declarations upon the request
of and. by the date designated by the State Agency, operator of the
Educational. Setting, or operator of the Health Care Setting;
• If an. employer is also a contractor subject to this Order, the employer must
include in their declaration that the employer is fully vaccinated against
COVID-19 or is unable to get vaccinated because of a disability or a
conflict between the vaccination requirement and their sincerely held
religious beliefs, practice, or observance, as applicable; and
• The employer must cooperate with any investigation or inquiry the State
Agency, operator of the Educational Setting, or operator of the Health
Care Setting makes into the employer's compliance with these
requirements, including by providing information and records upon
request, except any information or records that the employer is prohibited
by law from disclosing.
c. Any State Agency, operator of an Educational Setting, or operator of Health Care
Setting who makes the election above retains the right to investigate or inquire
into the employer's compliance with the above requirements, to obtain proof of
vaccination directly from any contractor -employee, and to withdraw the election
in whole or in part at any time.
5. Public and Private Entities and Employers May Exceed These R.equire ents: Nothing in
this order prohibits State Agencies, operators of Education.al Settings, and operators of
Health Care Settings from implementing requirements that exceed the requirements of
this Order,
6. Definitions.
a. "Worker":
• "Worker" includes:
• A person engaged to work as an employee, on-sitevolunteer, or on -
site contractor for a State Agency, an operator of an Educational
Setting, or an operator of a Health. Care Setting, as applicable;
• The director, secretary, or other executive officer of a State Agency;
and
• A person appointed to serve on a board, commission, or similar body
that is an executive cabinet agency listed at
littps://www.00vernor.wa. ov/office- ovemor/office/executive-
cabinet or a small cabinet agency listed at
hups://www,govemorma.goviofficegovemor/office/stnall-cabinet, the
State Board for Community and Technical Colleges, a board of
trustees for a community or technical college, or a governing board of
a four-year institution of higher education.
• The following exceptions apply to the definition of "Worker":
• Visitors and patrons are not Workers..
• In Educational Settings:
8
o Students of, persons attending, and persons receiving services at or
from an Educational Setting are not Workers.
o On -site contractors are not Workers if they do not work in places
where students or persons receiving services are present,
o Family, friend, and neighbor (FFN) child care providers are not
Workers.
• For any State Agency that is listed as an agency under the authority of
a board, council, or commission at
https://ofm.wa.gov/sites/defaultifi les/public/publications/202 l_State
Org Chart.pdf and that is not also listed as an executive cabinet
agency at https://www.govemor.wa.govloffice-
govemor/office/executive-cabinet or a small cabinet agency at.
s://www.00vernor..-wa... ovioffi.ceoovemor/office/small-ca.binet,
other than the State Board for Community and Technical Colleges, the
boards of trustees for community and technical colleges, and the
governing boards of four-year institutions of higher education, only
the State Agency's compensated employees are "Workers" subject to
the requirements of this proclamation.
b. "'Contractor" includes any person who provides goods, services, or public works
services pursuant to a contract with another person or entity, including, for
purposes of this Order, a State Agency, an operator of an Educational Setting, or
an operator of a Health Care Setting. The term includes subcontractors. The term
does not include parties to a lease or rental agreement, unless the agreement
requires a party to provide services, in which case only the persons who provide
those services are "contractors."
c. "Contract" is defined as provided under Washington law. Generally, a contract is
a promise or a set of promises for the breach of which the law gives a remedy, or
the performance of which the law in some way recognizes as a duty, regardless of
the particular form, title, or description is not relevant.
d.. "Health Care Provider" includes:
• Individuals with credentials listed in the Healthcare Professional
Credentialing Requirements list;
• Individuals who are permitted by law to provide health care services in a
professional capacity without holding a credential.;
• Long-term care workers unless specifically excluded in this order; and
• Workers in any Health Care Setting, as defined herein.
"Health Care Provider" does not include, for purposesof this order:
• Individual providers, as defined. in RCW 74.39A..240;
• Individuals who provide only personal care services, as defined in RCW
74.39A.009(24), in people's homes;
• Providers who are not actively practicing or providing services; and
Providers who provide services only at one or more of the settings that are
expressly excluded from the list of Health Care Settings under this order.
c. "Health Care Setting" is any public or private setting that is primarily used for the
delivery of in -person health care services to people, except as specifically
exempted below. If located at a facility that is primarily used for the delivery of
health-care services, such as a hospital, then the entire facility is a Health Care
Setting. If located at a facility that is primarily used for another purpose, such as a
pharmacy within a grocery store, school nurse's office, or vaccination clinic
within a business establishment., the Health Care Setting includes only the areas
that are primarily used for the delivery of health care, but not the other areas of
the facility.
"Health Care Setting" includes, but is not limited to:
• Acute care facilities, including, but not limited to, hospitals
• Long-term acute care facilities;
• Inpatient rehabilitation facilities;
• Inpatient behavioral. health facilities, inci.udi.ng, but not limited to,
evaluation and treatment facilities, residential. treatment facilities, secure
detox facilities;
• Residential long-term care facil.ities, including, but not limited to, nursing
homes, assisted living facilities, adult family homes, settings where
certified communityresidential services and supports are provided, and
enhanced services facilities;
• Mobile clinics or other vehicles where health care is delivered;
• Outpatient facilities, including, but not limited to, dialysis centers,
physician offices, and behavioral. health facilities (including offices of
psychiatrists, mental health counselors, and substance use disorder
professionals);
• Dental and dental specialty facilities;
• Pharmacies (not including the retail areas);
• Massage therapy offices (this includes designated areas where massage is
administered within non -health care settings like spas and wellness/fitness
centers);
• Chiropractic offices;
• Midwifery practices and stand-alone birth centers;
• Isolation and/or quarantine facilities;
• Ambulatory surgical facilities;
• Urgent care centers; and
• Hospice care centers.
"Health Care Setting" does not include:
• Settings where sports and spectator events or other gatherings are held
(including when credentialed athletic trainers are providing care to
players), other than areas primarily used for the delivery of health care
10
services, such as designated first aid areas (which are Health Care
Settings);
• Department of Children, Youth & Families (DCYF)-licensed foster homes
that do not primarily provide health care services;
• Research facilities where no health care is delivered to people;
• Veterinary health care settings;
• Animal control agencies; and
• Non-profit humane societies.
d. "State Agency" includes:
• Every agency listed at
https://www.governor.wa„gov/officegovernor/oftice/executiv--cabinet;
Every agency listed at
httpstWww.governor.wa.gov/officegovemor/officelsmall-cabinet; and
• Every agency under the authority of a board, council, or commission listed
at
https://ofin.wa.gov/sites/defauttJfilesfpu.blic/publications/2021_Statc Org
Ch art.pdf.
e. "Educational Setting" includes:
• All public and private universities, colleges, community colleges, and
technical colleges and private career/vocational schools subject to
licensure by the Workforce Training & Education Coordinating Board;
• All. public schools, public school districts, charter schools, private schools,
educational service districts, the Washington School for the Deaf, the
Washington State School for the Blind, and the Washington Youth
Academy; and
• All early learning and child .care programs serving groups of children from
multiple :households, including, but not limited to, Early Childhood
Education and Assistance Programs, Family Home Child Care, Child Care
Centers, Outdoor, Nature -based Child Care, School -aged Child Care,
license -exempt preschools, and ficense-exempt youth development
programs (e.g., municipal parks & recreation programs, YMCA, Boys &
Girls Clubs).
e. "Fully Vaccinated against COVID-I 9": A person is fully vaccinated against
COVID-I9 two weeks after they have received the second dose in a two -dose
series of a COVID-19 vaccine (e.g., Pfizer-BioNTech or Modema) or a single -
dose COVID-19 vaccine(:e.g., Johnson & Johnson (J&J)/Janssen) authorized for
emergency use, licensed, or otherwise approved by the, FDA or listed for
emergency use or otherwise approved by the World Health Organization.
"On -site volunteer" and "on -site contractor" includes:
• A volunteer or contractor who is reasonably likely or contractually
obligated to engage in or in fact engages in work while physically
present at a building, facility, jobsite, project site, unit, or other defined
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area owned, leased, occupied by, or controlled by a State Agency, an
operator of an Educational Setting, or an operator of a Health Care
Setting.
"On -site volunteer" and "on -site contractor" does not include:
• A volunteer or contractor who is reasonably likely or contractually
obligated to engage in or in fact engages in work during which they are
physically present at a site for only a short period of time and any
moments of close physical proximity to others on site are fleeting.
Examples include contractors delivering supplies by truck to a
construction site where they remain physically distanced from others on
the site or a driver for a contracted shipping and delivery service briefly
entering a site to pick up parcels for shipping.
g"Operator of an Educational Setting" and "operator of a Health Care Setting" do
not include clients, patients, patrons, customers, or similar individuals served by
Worker for a State Agency, Worker for an Educational, Setting, or Health Care
Provider.
ADDITIONALLY, the specific prohibitions in this Proclamation are severable and do not apply
to the extent that compliance with a prohibition would violate (1.) any U.S. or Washington
constitutional provision; (2) federal statutes or regulations; (3) any conditions that apply to the
state's receipt offederal funding; (4) state statutes; or (5) applicable orders from any court of
competent jurisdiction.
ADDITIONALLY, nothing in this Proclamation limits otherwise applicable requirements
related to personal protective equipment, personnel training, and infection control policies and
procedures.
I. again direct that the plans and procedures of the Washington State Comprehensive Emergency
Management Plan be implemented throughout state government. State agencies and departments
are directed to continue utilizing state resources and doing everything reasonably possible to
support implementation of the Washington State Comprehensive Emergency Management Plan
and to assist affected 'political subdivisions in an effort to respond to and recover from the
COVID- 1 9 pandemic.
I continue to order into active state service the organized militia of Washington State to include
the National Guard and the State Guard, or such part thereof as may be necessary in the opinion
of The Adjutant General to address the circumstances described above, to perform such duties as
directed by competent authority of the Washington State Military Department in addressing the
outbreak. Additionally, 1 continue to direct the Department of Health, the Washington State
Military Department Emergency Management Division, and other agencies to identify and
provide appropriate personnel for conducting necessary and ongoing incident related
assessments.
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Violators of this order may be subject to criminal penalties pursuant to ROW 43.06.220(5).
Further, if people fail to comply with the required facial coverings, social distancing and other
protective measures while engaging in this phased reopening. I may be forced to reinstate the
prohibitions established in earlier proclamations.
This order is effective immediately. Unless extended or amended, upon expiration or termination
of this amendatory proclamation the provisions of Proclamation 2025,-et seq., will continue to
be in effect until the state of emergency, issued on February 29, 2020, pursuant to Proclamation
2005,-is rescinded,
Signed and sealed with the official scat of the state of Washington on this 20th day of August,
A.D.. Two Thousand and Twenty-Orie at Olympia, Washington.
By:
Jay Inslee, Governor
BY THE GOVERNOR:
Secretary of State
Signed Nerve
Date