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HomeMy WebLinkAboutR-1996-090 1996-1998 Collective Bargaining Agreement / IAFF LEOFF and PERS (469)• • • RESOLUTION NO R-96- 90 A RESOLUTION authorizing and directing the City Manager and City Clerk of Yakima to execute collective bargaining agreements for calendar years 1996, 1997 and 1998 with the International Association of Firefighters (Fire LEOFF and Fire PERS), AFL-CIO WHEREAS, pursuant to requirements of state law, labor negotiations have occurred between the City and Fire LEOFF Fire Department employees and Fire PERS Fire Department employees represented by the International Association of Firefighters (Fire LEOFF and Fire PERS), Local 469, AFL-CIO, resulting in the attached proposed collective bargaining agreement documents for calendar years 1996, 1997, and 1998, and WHEREAS, the City Council deems it to be in the best interests of the City that such collective bargaining agreement be executed by the City, nov , therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE Cl TY OF YAKIMA: The City Manager and City Clerk of the City of Yakima are hereby authorized and directed to execute collective bargaining agreements for calendar years 1996, 1997, and 1998 with the International Association of Firefighters (Fire LEOFF and Fire PERS), Local 469, AFL-CIO, copies of which collective bargaining agreements are attached hereto and by reference made part hereof ADOPTED BY THE CITY COUNCIL this ATTEST / day of July, 1996 CITY CLERK • • 1996 -1998 COLLECTIVE BARGAINING AGREEMENT By and Between THE CITY OF YAKIMA, WASHINGTON and LOCAL 469, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO EFFECTIVE January 1, 1996 through December 31, 1998 TABLE OF CONTENTS GENERAL PROVISIONS 1 UNION RECOGNITION AND BARGAINING UNIT 1 2 UNION SECURITY 1 3 PAYROLL DEDUCTIONS .2 4 MANAGEMENT RIGHTS ••• •2 5 EMPLOYEE RIGHTS. .3 6 PRODUCTIVITY .3 7 EQUAL OPPORTUNITY CLAUSE .3 8 PROPERTY LIABILITY 4 9 GRIEVANCE PROCEDURE. 4 10 RELEASE FROM DUTY 7 11 COLLECTIVE BARGAINING COMMITTEES 7 12 COLLECTIVE BARGAINING PROCEDURE 7 13 SAFETY .8 14 PROMOTIONAL STANDARDS FOR LEOFF CLASSIFICATIONS. .8 15 REFRESHMENT FUNDS 12 16 FIRE DEPARTMENT RESERVES 12 PROVISIONS APPLICABLE TO WAGES AND BENEFITS 17 WAGES 16 18 HEALTH CARE INSURANCE 16 19 LIFE INSURANCE 19 20 LONGEVITY PAY 19 21 SPECIAL PAYS 19 22 VACATION LEAVE & KELLY DAYS .21 23 LEOFF EMPLOYEES HOLIDAYS .23 24 FIRE DISPATCHERS & ALARM SUPERVISOR HOLIDAYS .24 25 SICK LEAVE ACCRUAL/EXCHANGE FOR LEOFF EMPLOYEES .25 2b SICK LEAVE ACCRUAL/EXCHANGE FOR FIRE DISPATCHERS & ALARM SUPERVISOR EMPLOYEES .28 27 SICK LEAVE POOL .30 28 BIRTHING LEAVE/MATERNITY LEAVE. .32 29 COMPENSATORY TIME OFF .33 30 ALARM OFFICE PROVISIONS FOR FIRE DISPATCHERS & ALARM SUPERVISOR .34 31 OVERTIME FOR LEOFF EMPLOYEES .34 32 OVERTIME FOR FIRE DISPATCHERS & ALARM SUPERVISOR .35 MISCELLANEOUS PROVISIONS 33 DUTY WEEK FOR LEOFF EMPLOYEES .35 34 SMOKING ON DUTY .35 • 35 PHYSICAL FITNESS .35 411,1 36 CREATION OF NEW LEOFF CLASSIFICATIONS .37 37 CREATION OF NEW FIRE DISPATCHER & ALARM SUPERVISOR CLASSIFICATIONS. .37 38 FIRE DISPATCHERS & ALARM SUPERVISOR CLASSIFICATION STUDIES ... .... .......... .37 39 DEFERRED COMPENSATION FOR LEOFF FIRE, FIRE DISPATCH AND ALARM SUPERVISOR .... .37 40 CONSOLIDATED DISPATCH (Fire Dispatchers & Alarm Supervisor) .38 41 DISCIPLINE POLICY .39 42 MUNICIPAL CODE SECTIONS PERTAINING TO FIRE DEPARTMENT LEOFF EMPLOYEES, FIRE DISPATCHERS AND ALARM SUPERVISOR .39 43 ENTIRE AGREEMENT 40 44 NO PYRAMIDING .... 41 45 SAVINGS CLAUSE 41 46 TERM OF AGREEMENT 41 Signature Page ... 41 Supplement to the 1996-1998 Collective Bargaining Agreement - Letter of Agreement ... 43 Appendix "A" (Pay Ordinance as Passed by City Council) 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 1 Fit -h day of .T„t y ,1996, by and between the City of Yakima, Washington, hereinafter called the City, and Local 469, International Association of Firefighters, AFL-CIO, hereinafter called the Union. GENERAL PROVISIONS ARTICLE 1- UNION RECOGNITION AND BARGAINING UNIT 1 1 The City hereby recognizes the Union as the exclusive bargaining representative for all Fire Department employees excluding temporary employees, in Law Enforcement Officer and Fire Fighter (LEOFF) classifications and those employees in the PERS classifications of Fire Dispatcher and Alarm Supervisor as set forth in Appendix "A" of this Agreement as certified by the Public Employment Relations Commission Decision No 837-PECB excluding the Fire Chief, Deputy Fire Chief, and Battalion Chiefs. This provision is subject to the provisions of Article 40 ARTICLE 2 - UNION SECURITY 2.1 Each employee in the Fire Department may become or remain a member of the Union. Employees not desirous of membership in the Union shall be subject to a representation service fee equal to the base mandatory dues and assessment which shall be a condition of continued employment. Said membership or fee payment shall become mandatory upon successful completion of a one (1) year period of service with the Fire Department and in accordance with provisions of the Public Employee Collective Bargaining Act, R.C.W 41.56 Nothing herein shall preclude membership m the Union of any employee who so requests prior to completion of one (1) year of service. • ARTICLE 3 - PAYROLL DEDUCTIONS 3 1 The City agrees to deduct uniformly required Union membership fees, dues and other assessments from the pay of those members who authorize the City to do so, such authorization shall be in writing and signed by each person authorizing such deductions and filed with the City The Secretary of the Union shall notify the Finance Officer of the City of Yakima of amounts to be deducted from the pay of each such person. The City shall transmit to .the Treasurer of the Union the aggregate of such deductions, together with an itemized statement, on or before the 20th day of each month, following the month for which deductions are made. The Union agrees to hold harmless and indemnify the City against any claims, causes of action, or lawsuits arising from such deductions or the transmittal of such deductions to the Union 3.2 In the event the City receives a written notice, signed by any person from whose pay such deductions are being made, that no further deductions are to be made, the City shall make no such deductions from any pay earned by that person after receipt by the City of such notice. The City shall notify the Secretary of the Union of all such notices received by the City, which notification to the Union shall be given in writing within seven (7) calendar days after the receipt by the City of such notice and shall include the name of the person involved • ARTICLE 4 - MANAGEMENT RIGHTS 4.1 The Union recognizes the prerogative of the City to operate and manage its affairs in all respects in accordance with its responsibilities, lawful powers and legal authority City affairs which are not included within negotiable matters pertaining to wages, -hours and working conditions are inclusive of the following, but not limited thereto • (a) The right to establish and institute work rules and procedures upon reasonable notice to bargaining unit members. All personnel rules and policies developed by the Employer which are intended to be applicable to Union members shall be in written form and posted in the departmental manual The right to determine reasonable schedules of work, overtime and all methods and processes by which said work is to be performed in a manner most advantageous to the Employer Changes to work schedules which are intended to be applicable to Union members shall be in written form and posted in the departmental manual. (c) The right to lay off employees for lack of work or funds or because of the occurrence of conditions beyond the control of the City or where the continuation of work would be wasteful and unproductive in the opinion of City officials (b) 2 The right to discipline or discharge emplo\ ees tor just cause, pro\ ided that the City s right to discipline or discharge initial hires during their probationary period shall not be limited by this. section. The parties agree to study policies for administering this section. (e) The right to assign incidental duties reasonably connected with but not necessarily enumerated in job descriptions, shall nevertheless be performed by employees when requested to do so by the Employer (f) The right to take whatever actions the Employer deems necessary to carry out sere ices in an emergency ARTICLE 5 - EMPLOYEE RIGHTS Except as otherwise provided in this labor contract, the provisions of this labor agreement, where applicable, shall not be construed as a waiver of the Union's right to request and require bargaining in accordance with the provisions of Chapter 41.56, RCW ARTICLE 6 - PRODUCTIVITY 6 1 The parties mutually recognize the desirability of improving productivity un 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 ARTICLE 7 - EQUAL OPPORTUNITY CLAUSE 71 It is the policy of the City of Yakima and the Union not to discriminate against any employees or applicants for employment because of race, color; religion, age, sex, physical, mental, or emotional handicap, or national origin. It is not the intent of management to lower employment standards or hire individuals incapable of performing the required tasks of the job classification Nothing m this section shall prohibit the City from establishing bona fide occupational qualifications. 3 • • • ARTICLE 8r- PROPERTY LIABILITY 81 The City shall provide full physical damage insurance on Fire vehicles which shall include Fire Department employees as insureds, or the City shall, in the alternative, become self-insured for such physical damage In either case, the City waives any claim it may have against any Fire Department employee for damage to City property while that employee is acting within the scope of his employment except in the instance of intentional misconduct, but the City retains its right to discipline any employee for just cause ARTICLE 9 - GRIEVANCE PROCEDURE 9 1 Policy The parties recognize that the most effective accomplishment of the work of the City requires prompt consideration and equitable adjustments of employees' grievances. It is the desire of the parties to adjust grievances informally whenever possible, and both management and employees are expected to make every effort to resolve problems as they arise However, it is recognized that there may be a grievance which can be resolved only after a formal review Accordingly, the following procedure is hereby established in order that grievances of employees covered by this agreement may be resolved as fairly and expeditiously as possible 9.2 Definition A grievance is a dispute involving the interpretation, application, or alleged violation of any provision of this collective bargaining agreement. 9.3 Process. (a) To be reviewable under this procedure a grievance must: Be commenced within sixty days (60) calendar days after the grieving party has been made reasonably aware of the circumstances giving rise to the grievance (b) Step 1 - Discussion With Supervisor - As soon as possible, but in no case later than the time period specified above, an employee shall first discuss his grievance with his immediate supervisor Said supervisor shall make an investigation of the relevant facts and circumstances of the complaint and provide a written decision within seven (7) calendar days. (c) Step 2 - Written Grievance To Division Supervisor - If the grievance is not resolved at Step 1, or in the case of a grievance initiated by .the Union, then the grievance may be submitted to the Division Supervisor within twenty (20) calendar days of receipt of the written decision of the immediate supervisor i n writing setting forth the detailed facts concerning the nature of the grievance, contractual provisions alleged violated and relief sought The Division Supervisor shall hear the grievance and forward a written decision to the employee within seven (7) calendar days after such hearing (d) Step 3 - Grievance Appealed To. Chief Of The Department - If the employee and Division Supervisor cannot reach agreement regarding a remedy, the employee may, within seven (7) calendar days of receipt of the written decision, submit the grievance to the Chief of the Department. The Chief shall make a separate investigation of the issue(s) and notify the employee in writing of his decision, and the reasons therefore, within seven (7) calendar days (e) Step 4 - Grievance Appealed To City Manager - If the grieving party is dissatisfied with the decision of the Chief of the Department, he/she may within seven (7) calendar days request a review by the City Manager The City Manager shall forward a written decision to the employee within fifteen (15) calendar days from receipt of the grievance (f) (g) Step 5 - Grievance Appealed To Arbitration - Except as provided m 9 4(g) of this Article, a grievance which is not resolved as set forth may be appealed to arbitration. Either party may invoke arbitration upon submission of a written request for same which identifies the previously filed grievance and sets forth the issue(s) which the moving party seeks to have arbitrated A joint request of the Union and the City Manager shall then be forwarded to the Public Employment Relations Commission (PERC) within seven (7) calendar days for assignment of an arbitrator from its staff Subsequent hearing(s) will be governed by the rules and procedures of PERC The arbitrator shall render a decision as promptly as possible The arbitrator shall confine himself/herself to the issues submitted for arbitration and shall have no authority to determine any other issues not so submitted to him/her The arbitrator shall have jurisdiction and authority only to interpret, apply or determine compliance with the specific terms of the Agreement and shall not have jurisdiction to add to, detract from or alter in any way the provisions of this Agreement. The decision within the jurisdiction of the arbitrator shall be final and binding upon both parties. In the event that the Public Employment Relations Commission establishes fees for the assigned arbitrator during the term of this Agreement, such expenses and fees incumbent to the services of the arbitrator shall be borne equally by the Employer and the Union. Any grievance which the City's management may have against the Union shall be reduced to writing and submitted to the President of the Union, local If the matter is not satisfactorily settled within fifteen (15) • calendar days, appeal may be instituted as set forth in 9.3(f), Step 5, above :(h) If the subject matter of a grievance could be appealed to the Civil Service Commission for fire employees of the City of Yakima, the matter may be submitted for determination to the Civil Service Commission or arbitration, but not both. After the Union has received the City Manager's answer at Step 4, it will advise the affected employee whether it is willing to submit the grievance to arbitration and, if so, the employee shall elect within 10 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. 9 4 Special Provisions (a) A Union representative and/or aggrieved party shall be granted time off without loss of pay for the purpose of processing a grievance as provided in 9.3(f), Step 5, above. (b) A grievance may be entertained in or advanced to any step in the grievance procedure if the parties so jointly agree (c) The time limits within which action must be taken or a decision made as specified in this procedure may be extended by mutual written consent of the parties involved. A statement of the duration of such extension of time must be signed by both parties involved at the step to be extended (d) Non -contract disputes only• Wages, hours and working conditions not specifically covered by the terms and conditions of this Agreement shall be subject to the gree\ ance procedure up to, but not including, arbitration If the City and the grievant are unable to reach agreement at the City Manager level, where the grievance is not subject to arbitration, a three person board will be formed Management will select one member and the Union will select one member of the Board The two members will select the third member who shall act as chairperson. All members of this Board must be citizens or employees of the City of Yakima In the event the two members cannot agree as to the selection of the third member, each member may submit one name whereby the chairperson shall be selected by lot. Any expenses for the services of the third party chairperson shall be borne equally by the parties The decision of this Board shall be binding on the parties in non -contractual grievances. -6 ARTICLE 10 - RELEASE FROM DUTY 10 1 Lnion Business Lea\e Such officers and members of the Union as :na\ be designated by the Union normally not to exceed three (3) in number at an one (1) time, shall be granted fifteen (15) duty shifts of time off for Union business, provided that a maximum of ten (10) of these fifteen (15) shifts off will be paid at the standard rate granted for any leave with pay Business leave includes attending labor conventions and educational conferences regarding collective bargaining, provided that notice of such conventions or conferences shall be given at least one (1) week prior thereto to the Chief of the Fire Department, and provided further that the total leave for this bargaining unit for the purpose set forth in this section shall not exceed fifteen (15) duty shifts in any calendar year Furthermore, partial shifts mai be utilized by employees for departure or return provided Department established minimum manning levels are maintained after the absence of the person(s) to be released on Union Business Leave Officers and members 01 the Lnion designated by the Union may use Union Business Leave from any of the Fire Department Bargaining Units that I.A.F.F Local 469 represents. ARTICLE 11- COLLECTIVE BARGAINING COMMITTEES 11 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 commurucation is forwarded previous to that date, a response will be made within ten (10) working days. 11.2 Members of the Union negotiating committee, not exceeding three (3) in number, shall be granted leave from duty without loss of pay for all meetings between the City and the Union for the purpose of negotiating the terms of a contract during the pre -impasse period as provided in RCW 41.56, as amended, \ hen such meetings take place at a time during which any such members are scheduled to be on duty 11.3 Members of the Union negotiating committee, not to exceed three (3) in number, shall be granted leave in the post -impasse period without loss of pay, except that when such leave reduces the manpower level below that established as the minimum manpower requirement of the Department, such leave shall be without pay ARTICLE 12 - COLLECTIVE BARGAINING PROCEDURE 12 1 General All negotiable matters pertaining to wages, hours and working conditions shall be established through the negotiation procedure as provided by RC\\' 41 56 No ordinances existing at the time of execution of this Agreement 7 • • • 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 12.2 Each year, as appropriate, the Union shall submit to the City Manager and the City Manager may submit to the Union a written proposal for any changes in matters pertaining to wages, hours and working conditions desired by the Union or the City for the subsequent year These written proposals shall be submitted in accordance with the requirements of RCW 41.56, as amended by S.B. 2852 (1979) The Union and the City shall follow the collective bargaining procedure set forth in the said statue All agreements reached shall be reduced to writing which shall be signed by the City Manager and the Union's representatives. ARTICLE 13 - SAFETY 13 1 The Employer shall comply and require all employees to comply with the requirements, current and as may hereafter be amended, of WAC Chapter 296-305 The parties will study WAC Chapters 296-24 and 296-62 concerning whether these chapters should also be incorporated in their agreement. 13.2 No employee shall respond to a fire emergency on a pumper that is staffed by fewer than three career firefighters, provided that. The Brush Truck, Tankers, Airport Crash Rescue, and Air Truck vehicles shall continue with present staffing practices, The parties will bargain concerning emergency response staffing in the event of new circumstances. These agreements shall be reduced to writing. ARTICLE 14 - PROMOTIONAL STANDARDS FOR LEOFF CLASSIFICATIONS 14 1 All promotions to LEOFF positions within the bargaining unit shall be made solely on merit, efficiency and fitness ascertained by open competitive examination among bargainhg unit personnel. Examinations shall fairly, objectively and comprehensively test for qualifications for the position. A description of the subject matter tc be covered by each examination shall be provided to the Union and posted conspicuously not less than 60 days prior to the examination. Current text and reference materials that are relevant and may be used for study purposes will be provided by the Employer They will be made available to those employees who wish to prepare for an examination. An initial joint inventory of the materials will be accomplished as soon as reasonably possible by staff and Union representatives prior to each examination in order to assure material availability However, after a joint inventory is concluded, should any reference materials be missing from the stations then it shall be the joint responsibility of the Union and the Fire Department to replace those missing materials. 8 14.2 Examinations shall be administered by the Chief Examiner of the Yakima Fire Civil Service Commission. Each examination shall have a written portion (consisting of one or more types of written examination) that shall constitute fifty percent of the total score and an oral portion (that may consist of role playing exercises, problem solving situations and other tests that are germane to testing relevant skills) that shall constitute fifty percent of the score The oral board shall consist of four qualified examiners who are not employed by the City of Yakima, two of whom are selected from a list of six submitted by the Employer and two of whom are selected from a list of six submitted by the Union. Both lists shall reflect accurate addresses and telephone numbers. Both parties shall be responsible for verifying the interest and availability of potential examiners prior to submitting names to the Chief Examiner Both lists shall be balanced concerning ethnicity and other protected status The Employer and the Union may each designate an observer to attend the administration of the examination. The Chief Examiner shall determine weighting of each component within the two major examination areas, which shall be included in the notice of the examination. Candidates must achieve a combined score 70% or higher on both written and oral portions of the examination to obtain a passing score 14 3 For each examination, the Chief Examiner and the Fire Chief shall insure that the examination is impartially administered and that, except for such assistance from the Human Resources Department as the Chief Examiner requires, no other City personnel, including those outside the bargaining unit, have prior access to or prior notice of specific examination procedures or questions or the identity of the oral examiners selected for the examination. In preparation for the creation of each examination, representatives of the parties shall meet with the examiner and the Employer shall identify the qualifications it seeks for its promoted personnel. A Union representative may, at the Union's option, attend the meeting or meetings, and may offer comments, suggestions or objections regarding how the examination will be conducted Candidates shall be permitted to review their examination scores and obtain sufficient information to permit them to understand and learn from any mistakes or other performance deficiencies. 14.4 Promotional Eligibility Promotional registers shall be valid for two years. For Lieutenant and Captain, a new examination shall be conducted three months prior to the expiration of the current list and become effective upon expiration of the current list. (a) Lieutenant: Five (5) years of service with the Yakima Fire Department as a career Fire Fighter shall be required for eligibility to test for the position of Lieutenant. Persons hired after 1-1-96 shall also berequired to have successfully completed thirty (30) fire science degree credits for eligibility for appointment as a Lieutenant. 9 • • • (b) Captain. Twenty-four (24) months as an appointed, career Lieutenant in the Yakima Fire Department shall be required tor eligibilitt to te,t for the position of Captain. Persons hired after 1-1-96 shall also be required to have successfully completed forty-five (45) fire science degree credits for eligibility for appointment as a Captain. (c) Public Education and Safety Captain. Twenty-four (24) months as an appointed, career Lieutenant or equivalent with the Yakima Fire Department shall be required for eligibility to test for the position of Public Education and Safety Captain. Persons hired after 1-1-96 shall also be required to have successfully completed forty-five (45) fire science degree credits for eligibility for appointment as a Captain (d) Technical Training Captain. Twenty-four (24) months as an appointed, career Lieutenant or equivalent with the Yakima Fire Department shall be required for eligibility to test for the position of Technical Training Captain Persons hired after 1-1-96 will also be required to have successfully completed forty-five (45) fire science degree credits for eligibility for appointment as the Technical Training Captain. (e) Technical Training Lieutenant: Five (5) years as a career Firefighter with the Yakima Fire Department shall be required for eligibility to test for the position of Technical Training Lieutenant. Persons hired after 1-1-96 will also be required to have successfully completed thirty (30) fire science degree credits for eligibility for appointments as Technical Training Lieutenant (f) Combat Exemption. Employees in the positions of Public Education and Safety Captain, Technical Training Captain and Technical Training Lieutenant may have the option of being exempted from combat testing, such option shall be accomplished by written notification to the Chief at least thirty calendar days prior to the test date Individuals transterring, demoting or promoting from these positions to combat positions shall participate in the combat testing as outlined in the contract. Employees opting to not participate m combat testing shall not be assigned to combat roles. 14.5 Candidates for the positions of Public Education and Safety Captain, Technical Training Captain and Technical Training Lieutenant will be selected from the top of the suppression Captain and Lieutenant lists and will be offered the opportunity to accept or decline the promotion into these positions as they become available (a) If a candidate declines promotion into one of the positions then the position will be offered to the next eligible candidate on the list. If this candidate declines, the process continues through the list A candidate who declines a promotion, for these positions only; will remain at the -10- (b) top of the appropriate list and will remain eligible for promotion into the ne\t available promotional position If no candidate from the Captain or Lieutenant lists accepts the promotion into one of these three "day" positions, the Chief of the department shall have the authority to assign the person at the top of the list to the position. If the person refuses promotion to that position, his/her name will be moved to the bottom of the promotional list and the promotion will be offered to the next eligible candidate and so on. (c) If no candidate accepts promotion to these positions from the available lists, then the Chief has the right to appoint an eligible employee not on the promotional list, as he sees fit. 14 6 At such time as a vacancy occurs and a decision is made to fill the vacancy by the appointing authority, the highest scoring candidate on the promotional register that was current at the time the vacancy first occurred will be appointed to the position, provided that the Employer may pass over the top scoring candidate for appropriate business reasons and promote the second highest candidate instead Contemporaneously with passing over any candidate, the Employer shall furnish the employee and the Union Secretary, on request, the reasons for doing so In the event two or more candidates have identical scores, the candidate with the greatest seniority, merit, efficiency and fitness shall be deemed highest scoring Employees promoted shall serve a probationary period of one year 14 7 If the Employer does not fill a promotional vacancy within 30 days. (a) if there are two or more candidates on the register in effect on the date of the acancy, then that register shall remain in effect for that vacancy until the vacancy is filled, and the highest scoring candidate on such register shall serve in the position in an acting capacity until the Employ er fills the \ acancy, if there is only one candidate remaining on the register in effect on the date of the vacancy, then, for purposes of filling the vacancy, the remaining candidate shall be deemed the top scoring candidate on the next register and shall serve in the position in an acting capacity until the employer fills the vacancy (b) The selection procedure of paragraph 14.5 shall remain applicable 14.8 If both parties agree, this article may be opened for renegotiation. If difficulties arise in the administration of this article, they may be referred to the Labor/Management Committee -11- • • ARTICLE 15 - REFRESHMENT FUNDS 15 1 The Union may authorize bargaining unit members to furnish in-house refreshments, provided that any proceeds from such activities shall be used in- house for the benefit of bargaining unit members or, upon approval by the Union, donated to charitable organizations. The Union shall be responsible for insuring that the refreshment funds are administered consistent with applicable law ARTICLE 16 - FIRE DEPARTMENT RESERVES 161 The reservists are volunteers who are reimbursed pursuant to Section 1 44 180 (E) of the City of Yakima Municipal Code 16.2 The purpose of the reserves is to augment and support total manpower, not replace bargaining unit personnel. 16.3 Makeup of the Reserves. Reservists will be of two types. (a) One group need not be m top physical condition or fully trained in fire fighting skills, but could do public education, teach first aid, assist non- emergency personnel, and do other public service activities. The second group would be limited to those reservists who have been properly trained in fire fighting skills under department standards They could fight fires inside buildings, do rescue, climb ladders while carrying hose and wearing an air pack, and also do non -fire fighting activities inclusive of but not limited to hydrant testing, and work on the fire ground by carrying hose, rolling hose, refilling air tanks, distributing new radio batteries, and other non -fire fighting activities Applicants for the Reserve Fire Force must meet the following minimum requirements (1) Must complete an application for Volunteer Reserve Firefighter Program, (2) Must be a high school graduate or equivalent; (3) Must be 18 years of age at time of appointment; (4) Must pass a written exam in basic knowledge, or have passed the latest Yakima Fire Department Civil Service Entrance Exam, (5) Must pass the Yakima Fire Department Physical Agility Examination (Combat Test w/o face piece in under 7 minutes.), (6) Must pass an extensive physical examination by a physician selected by the City of Yakima, (7) Must possess and maintain a valid Washington State Drivers License, (8) Must successfully pass an extensive background check reviewed by Staff and Chief of the Department; (b) • -12- (9) Must pass an oral interview (c) Standards. Once a Reserve candidate has satisfactorily satisfied the minimum requirements for entry level then he/she must accomplish the following before being assigned to respond on any piece of apparatus. (1) Must successfully complete the existing basic training academy for Combat Reserves (a minimum of 40 hours.) (2) Must complete Basic First Aid class (3) Must satisfactorily complete a basic competency test consisting of. (a) Demonstrate donning and wearing of protective clothing (b) Demonstrate proper technique of taking a hydrant. (c) Don and place into service an SCBA. (d) Shoulder load a 13/4" preconnect and demonstrate proper operation with water flowing. (e) Demonstrate a basic knowledge of equipment location on assigned apparatus. (d) Once a Reserve Firefighter has earned the authorization to respond, then it is required that he/she fulfill the following standard requirements within the first twelve months. (1) Complete IFSTA Firefighter I Program with passing score of 70% This is intended to be a check -off program that could be handled by any Company Officer (2) Complete driver training course and apparatus competency testing program as established for Brush Trucks, Tenders, and other Support Vehicles (3) Complete and pass the E.V.A.P course (4) Reserve Firefighter will be given quarterly progress reviews by the Station Officer and/or the Training Division and shall achieve satisfactory marks on those reviews (e) At the completion of the first year a performance evaluation will be conducted, with a satisfactory rating required. It is required that the Reserve Firefighter complete the following within the second twelve (12) months. (1) Complete IFSTA Firefighter II Program with a passing score of 70% • -13- • • (f) All Reserves would be required to meet the folloNA ing standards throughout the year The Combat Reserve Firefighter shall (1) Attend a minimum of two (2) Monday night drills each month (2) Take and pass the "On Target" physical fitness test per Yakima Fire Department standards. (3) Take and pass the "Combat" physical fitness test per Yakima Fire Department standards. (4) Participate in a minimum of two (2) ride -outs per month with at least one being during the standard work day between 8 AM and 5 PM. NOTE. The ride -out program is to be done at stations assigned by the Duty Battalion Chief These are to be m four (4) hour blocks. (5) Maintain E.V.A.P certification. (6) Maintain Basic First Aid card (7) Attend at least 75% of all required training and make up all missed required training within the calendar year (8) Earn and maintain a satisfactory annual review by the Shift Officer and/or Battalion Chief in Training (9) Reserves shall be assigned to A, B or C Shift. 16 4 Organization of the Reserves. (a) Reserve fire fighters can be utilized at all City owned and/or operated fire stations, provided that Reserves at all times be under the supervision of a paid officer or paid acting officer This would allow neighborhood recruiting and provide an opportunity to increase minority and disadvantaged recruiting (b) During normal Department operations, reserves may augment and support career personnel (c) Reserves may be actively involved in the neighborhood They could teach first aid, give fire safety talks and other community activities (d) Reserves shall have a distinctive uniform to enable identification in all circumstances (e) Reserves shall observe normal station operating routines. -14- 16 5 Chain of Command (a) During fire department operations, reserve fire fighters ans‘N er to paid officers or paid acting officers. (b) The Reserves would be used before calling the districts for help 16 6 Training Requirements (a) Career fire fighting personnel will be used to train reserves. (b) Shift career personnel assigned to training reserves shall have reasonable notice of scheduled training (c) Monday night training sessions shall be scheduled in advance by the Training division, or the on -duty Battalion Chief Training outside regular hours shall be limited to one evening a month for each crew between 7 PM and 9 PM Crews scheduled to assist with training that evening will be allowed to break their normal duty day at 1430 hours to allow for meals, prep time and rest, prior to the evening drill (d) Reserves will be taught with IFSTA and other sanctioned department material -the same material utilized by career personnel (e) All new Reserve recruits shall complete a minimum of 40 hours of basic training and pass a competency test before being allowed to respond to emergency incidents 16 7 Enforcement of this article is limited to the Union acting on behalf of bargaining unit employees, and not on behalf of Reserves 16 8 Reserve Response Reserves would respond to alarm in three scenarios (a) Reserves would respond to alarms as the 4th or 5th person ride - outs on apparatus having a minimum career staffing of 3 (b) Off duty reserves would respond to Station #2 when toned -out. Reserves will be assigned to bring Support Vehicles to emergency scenes or assigned to career crews at the scene Reserve personnel will normally staff a Support Vehicle with 2 people and a maximum of 3 (c) Reserve personnel shall respond Code II except when upgrading at the request of the Officer in charge at scene 16 9 Mutual Aid Response Reserves responding on Mutual Aid shall respond as follows -15- • • • (a) 4th or 5th person on responding pumpers (b) 3rd person on a brush rig or tender (c) As driver and support with the air truck. 1610 Preference Points Any Combat Reserve in good standing that meets all of the department standards for Reserves will be given a one percent preference point for each of their first three years, with a maximum preference of 3%. That 3% will be added to the applicant's score after successful completion of the written and strength and agility portion of the test. If the Reserve member obtains a Fire Science Degree while a member of the YFD Reserve Program, and passed a 1 -year probation and is in good standing, that person would be eligible to receive an additional 2% added to the applicant's final composite score. ARTICLE 17 - WAGES 171 Effective 1-1-96 the base salary of bargaining unit members will be increased by four (4.0%) percent. 17.2 Effective 1-1-97 the base salary of bargaining urut members will be increased by an amount equal to 100% of CPI based on an averaging of the US Cities Consumer Price Index (CPI -W) and the Seattle Consumer Price Index (CPI -W) for the period of July 1995 to July 1996, subject to a minimum of 3% and a maximum of 6% 17.3 Effective 1-1-98 the base salary of bargaining unit members will be increased by an amount equal to 100% of CPI based on an averaging of the US Cities Consumer Price Index (CPI -W) and the Seattle Consumer Price Index (CPI -W) for the period of July 1996 to July 1997, subject to a minimum of 3% and a maximum of 6% ARTICLE 18 - HEALTH CARE INSURANCE 181 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, copayment, 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" - 16 - 18.2 Health and Dental Care Premium Contributions - (a) January 1, 1996 - December 31, 1996 (i) Employee Health Care Premium Contribution. LEOFF I, LEOFF II, Fire Dispatchers and the Alarm Supervisor employee only health care coverage shall be paid for by the City and shall be at no cost to the employee LEOFF II employees, Fire Dispatchers and the Alarm Supervisor will be given the option to pay the difference in premium between the designated 100% coverage for LEOFF I and the City's "Plan", except that the deductible shall be as stated in the "Plan" (ii) Dependent Health Care Premium Contributions. Effective January 1, 1995, the City shall contribute up to $119 92 for dependent coverage for LEOFF I, LEOFF II, Fire Dispatchers and the Alarm Supervisor The City and the employee shall share dependent medical program premiums in excess of the $119 92 per month contribution level on a-65% by the Employer and 35% by the employee basis, with a maximum employee contribution of $85 00 per month. (iii) Dental Care Premium Contribution. The City shall pay the premium for LEOFF I, LEOFF II, Fire Dispatchers and the Alarm Supervisor employee and dependent dental care coverage (b) January 1, 1997 through December 31. 1997 (i) Employee Health Care Premium Contribution. LEOFF I, LEOFF II, Fire Dispatchers and the Alarm Supervisor employee only health care coverage shall be paid for by the City and shall be at no cost to the employee. LEOFF II employees, Fire Dispatchers and the Alarm Supervisor will be given the option to pay the difference in premium between the designated 100% coverage for LEOFF I and the City's "Plan", except that the deductible shall be as stated in the "Plan" (ii) Dependent Health Care Premium Contributions The City shall contribute up to $100 for dependent coverage for bargaining unit members. The City and the employee shall share dependent medical program premiums in excess of $100 per month contribution level on a 50% by the Employer and 50% by the employee basis, with a maximum employee contribution of $100 per month. (iii) Dental Care Premium Contributions. The City shall pay the premium for LEOFF I, LEOFF II, Fire Dispatchers and the Alarm Supervisor employee and dependent dental care coverage lc) January 1, 1998 through December 31, 1998 (1) Employee Health Care Premium Contribution. LEOFF I, LEOFF II, Fire Dispatchers and the Alarm Supervisor employee only health care coverage shall be paid for by the City and shall be at no cost to the employee LEOFF Il: -17- • • • employees, Fire Dispatchers and the Alarm Supervisor will be given the option to pad- the difference in premium between the designated 100% coverage for LEOFF I and the City s "Plan", except that the deductible shall be as stated in the "Plan (ii) Dependent Health Care Premium Contributions. The City shall contribute up to $80 for dependent coverage for bargaining unit members. The City and the employee shall share dependent medical program premiums in excess of $80 per month contribution level on a 50% by the Employer and 50% by the employee basis, with a maximum employee contribution of $100, plus the percentage amount of the CPI increase used to calculate the base salary increase effective 1-1-98, per month. (in) Dental Care Premium Contributions. The City shall pay the premium for LEOFF I, LEOFF II, Fire Dispatchers and the Alarm Supervisor employee and dependent dental care coverage (d) Employee contributions under this Article will be accomplished through normal payroll deductions. (e) If the average dependent composite cost for the "Plan" goes below $119 92 for 1996, $100 for 1997, and $80 for 1998, said formula for the cost sharing shall cease for that calendar year This will be reviewed once per year according to the data provided by Direct Administrators 18.3 Retiree Coverage - The City of Yakima Employees' Health and Welfare Benefit Plan shall provide retirees and dependents of retirees the right to remain in the group plan as follows. (a) LEOFF I retirees shall remain in the group medical plan at no cost to the employee LEOFF II, Fire Dispatcher and Alarm Supervisor retirees may elect to remain in the group medical plan until they reach age 65, upon payment of the required premium. Spouses of retirees may remain in the group medical plan until they reach age 65 or in the case of spouses of deceased retirees, until they reach age 65 or remarry, whichever occurs first. (c) Other dependents of retirees may remain in the group health care plan as long as they remain eligible under the provisions of the plan or when coverage for the retiree and spouse, or, the spouse of deceased retiree terminates, at which time such dependent insurance coverage would cease regardless of the age of the dependents. (d) Retirees, or spouses of deceased retirees, shall pay the premium and other shared dependent coverage costs (including dependents if enrolled) which shall be based on the same formula as active (b) -18- employees and dependents within the bargaining unit Premiums hall be paid by deduction from retirement checks paid to retired employees or their benetician 18 4 Long Term Disability Coverage. The City will pay fifty percent (50°0) of the premium for long term disability insurance for LEOFF II employees not to exceed $8 00 per employee per month. ARTICLE 19 - LIFE INSURANCE 19 1 The City will provide, without cost to the employee, $10,000 in face amount of life insurance ARTICLE 20 - LONGEVITY PAY 20 1 The City will pay longevity pay upon satisfactory completion of the following service and at the designated rate: Service In Years Percent Of Base Pay 4 1.5 9 3 14 4.5 19 6 24 8 Service in years shall be defined as in Article 22, Vacation Leave, of this Agreement. ARTICLE 21- SPECIAL PAYS 21 1 Acting Assignment The City will pay acting assignment pay of at least 5% aboN e the normal base pay or the pay rate of the D -Step of the next higher pay grade, hichet er is greater, for an individual tor such period of continuous sen ice, prox ided the individual serves a minimum of ten (10) hours for LEOFF personnel or eight (8) hours for Fire Dispatchers and Alarm Supervisor, in such higher classification, having been so assigned by the Fire Chief or his designated agent and provided further that the individual exercises the responsibility, including operation and administrative duties as they apply 21.2 Eligibility for Acting Assignments. In order for an employee to be eligible for assignment to an acting position, that employee must be eligible for promotion to the position in accordance with the promotional standards in the current collective bargaining agreement, with one specific exception in acting as a Lieutenant Specifically, the requirements are. -19- • 1 In order to act in the, position of Lieutenant, an individual must be on the current register as maintained by the Civil Service Chief Examiner Acting Lieutenants, for their respective shifts, shall be picked from the top of the register down to fill an acting position. If no current register exists or there is not a Fire Fighter available who is on the list, on the affected shift, then a Fire Fighter who meets all of the requirements to be eligible to take the Lieutenant's exam shall be selected 2. In order to act in the position of Captain, an individual shall hold the rank of Lieutenant and be on the current register for Captain as maintained by the Civil Service Chief Examiner Acting Captains, for their respective shifts, shall be selected from the top of the register down to fill in an acting position. In the event no one on the register is available, remaining shift Lieutenants will be eligible to act. 3 At no time will personnel who do not meet the requirements listed above be allowed to act. 21.3 Station Reassignment: An employee who is reassigned from his/her scheduled station assignment to a different fire station shall, upon application on standard travel reimbursement forms, be reimbursed for the use of his/her personal automobile at the rate prescribed in Section 21.5 of this Agreement However, if twenty-four (24) hours advance notice is given of the changed reporting location, payment is not authorized Advanced notice is defined as actual contact with a subject employee 21 4 Call Back (a) An employee who is called back to duty after his scheduled shift has terminated, but before the scheduled start of his next shift, shall receive premium pay for all hours worked, but not less than two (2) hours of premium pay (b) The call back bonus will not be available for a "hold over" defined as an extension of a regular or reassigned shift due to manning requirements or an emergency circumstance. However, premium pay shall be paid for work performed. 21.5 The City shall pay each employee for his use, at the request of the City, of his personal auto, not less than twenty six. cents (26c) 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 - 20 - 21 6 LEOFF Uniform Maintenance All LEOFF bargaining unit members shall be paid a seventy-five dollars ($75 00) uniform maintenance allowance semi-annually Said amount will be payable the first payday of February and of August. Fire Dispatchers and Alarm Supervisor shall be paid sixty dollars ($60 00) annually, payable in February The City shall have the right to contract for uniform maintenance services as it deems appropriate after which time no further uniform maintenance allowances shall be payable. 21 7 Relief Fire Dispatcher Differential An employee designated by the Alarm Supervisor or higher authority as Relief Fire Dispatcher shall receive a differential of five percent (5%) for such duty Said differential shall be calcu- lated upon the normal rate of pay but shall not replace premium pay for any required overtime worked Payment will be made in accordance with normal payroll procedures (monthly) 21.8 Fire Investigator Differential. Subject to the Chief's right to appoint, from time to time, an employee as a Fire Investigator, such employee shall receive a differential for such duty Said differential shall be one hundred fifty dollars ($150) per month for a Fire Investigator who is commissioned and one hundred dollars ($100) per month for a Fire Investigator who is not commissioned Payment shall be made in accordance with normal payroll procedures (monthly) ARTICLE 22 - VACATION LEAVE & KELLY DAYS 22.1 Vacation Leave - Each LEOFF employee shall have a vacation account. Accruals to this account for LEOFF employees working straight day shifts shall be at the following rates Service In Years Accruals Max Accrued At Least But Less Than Hrs/Mo Hrs/Yr Hours 0 3 6.67 80 160 3 7 8.00 96 192 7 10 10.00 120 240 10 15 12.00 144 288 15 20 14.00 168 336 20 — 16.00 192 384 22.2 LEOFF employees assigned to a 24 hour shift shall be eligible to carry maximum vacation leave accumulations according to the following schedule. - 21 - • Ser.\ ice In Years Accruals Max Accrued Hrs/Mo Hrs Yr Hours (a) 0-5 years 10 120 240 (b) Over 5 years -10 years 12 144 288 (c) Over 10 years -15 years 14 168 336 (d) Over 15 years -20 years 16 192 384 (e) Over 20 years 18 216 432 22.3 Each employee in the classifications of Fire Dispatcher and the Alarm Supervisor shall earn vacation leave for years of service at the following rates (a) Employees with one (1,) full year of service shall earn ten (10) working days, five of which may be taken after six (6) months service, (b) Employees with two (2) full years of service shall earn twelve (12) working days, (c) Employees with five (5) full years of service shall earn fifteen (15) working days, (d) Employees with ten (10) full years of service shall earn nineteen (19) working days, (e) Employees with more than fifteen (15) full years of service shall earn twenty-two (22) working days, Employees with more than twenty (20) full years of service shall earn twenty-four (24) working days provided they become employed by the City of Yakima prior to January 1, 1981 22.4 Fire Dispatchers and the Alarm Supervisor may accumulate vacation leave time m an amount equal to the vacation time the employee earns during two (2) years of service, according to the accrual rate(s) specified above 22.5 Service in years for LEOFF classifications and Fire Dispatchers and Alarm Supervisor 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 (f) - 22 - to accept the first ofter of reemployment for any reason shall constitute a break in ,,er\ ice (N.o ser\ ice credit shall accrue during periods of l a\ otf 22 6 If a LEOFF employee is transferred from twenty -tour (24) hour shift schedule to day shift and is over the day shift maximum accrual, said employee will be given an opportunity to use up leave within six (6) months from the date of transfer 22.7 Scheduling of Vacation, Kelly Days, and Days Off in Lieu of Holidays for LEOFF Employees (PERC Case No 7900-U)• (a) The City shall allow a guaranteed minimum, per shift, of four shift employees from the bargaining unit to be released from duty at any one time for scheduling of vacation, Kelly days, or days off in lieu of holidays (b) The total annual Kelly Days for each LEOFF member shall be 10 22.8 For LEOFF classifications and Fire Dispatchers and Alarm Supervisor any vacation accumulated over the stated limits shall be paid at 100% of base wage as of December 31 of each year, provided, however, at least 75% of the annual accrual rate for vacation must have been used during the year in order to qualify for the payment, provided, however, if the Employer cancels an employee's scheduled vacation and this canceling results in vacation accumulation over the stated limits as of December 31 of any particular year then the Employer will pay for said vacation at the normal hourly rate Payment for any vacation accumulated over the stated limits is subject to the Employer's inability to reschedule the vacation time off Neither party shall unreasonably withhold approval of rescheduling of vacation previously canceled ARTICLE 23 - LEOFF EMPLOYEE HOLIDAYS 23 1 (a) All LEOFF members of the bargaining unit will receive a credit of 120 hours of holiday credit to their holiday account Nem employees hired after that date will receive holiday credits at the rate of 10 hours per month for all months remaining in the calendar year New employees must be scheduled to work for more than one-half (1/2) of the month's shifts in order to receive holiday credit for the month in which they were hired (b) Employees transferring from days to shifts will receive holiday credits at the rate of ten (10) holiday hours per month for the calendar months remaining in the year Employees transferring from shifts to days will have ten (10) hours per month for each calendar month remaining in the year deducted from their 120 hours of holiday credits which shall not be reduced to less than zero credits The employee's schedule which encompasses more than one-half of a month shall determine whether or not credits are added or reduced for that month - 23 - • • • 23.2 Holiday time must be used in the calendar year in which it was credited and may not carry-over into successive calendar years. Unused holiday time will be paid at 100% of the base wage as of December 31 of each year up to a maximum of 24 hours per employee 23.3 An employee who uses up their 120 hours of holidays and leaves the Department before December 31 shall have 10 hours removed from their earned leave account for each month remaining in the year that the employee has not worked at least one (1) shift. 23 4 If an employee has not used the holiday time in the calendar year in which it was earned due to long term sick leave, disability leave, disability retirement or layoff then the employee shall be paid for unused holiday time at ten (10) hours per month for those months in which the employee has actually worked at least five (5) shifts ARTICLE 24 - FIRE DISPATCHERS & ALARM SUPERVISOR HOLIDAYS 24 1 Holidays With Pay. (a) Day Off. If an employee performs no work on a holiday, within ninety (90) days that employee shall have time off equal to the number of hours scheduled most frequently in his regularly scheduled shifts. (b) Day On. If an employee performs work on a holiday, that employee shall receive his/her regular pay plus time and one- half (1.5) pay for all hours worked. The employee shall have the option of receiving comp -time as specified in Article 29 24.2 No employee shall be paid for a holiday unless such employee is in a pay status both the workday before and the workday after such holiday Exception to the above shall be made for an employee who works a holiday as directed by the City 24.3 An employee who performs work during a period when the employee is on a scheduled time off shall receive time and one-half (1.5) for all hours worked and shall receive time off as specified in 24.1(a) 24 4 Fire Dispatchers and the Alarm Supervisor shall observe holidays as follows New Year's Day Martin Luther King Jr Day Washington's Birthday - 24 - January 1st Third Monday in January Third Monday In February Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day The Day After Thanksgiving Christmas Day One (1) Personal Holiday Last Monday In May July 4th First Monday In September November llth Fourth Thursday In November December 25th The provisions of City of Yakima Municipal Code 2.40.080(c) and (d) shall not apply to this provision. ARTICLE 25 - SICK LEAVE ACCRUAL/EXCHANGE FOR LEOFF EMPLOYEES 25 1 Regular LEOFF II employees working a 24-hour shift schedule may exchange accrued sick leave for pay or for additional leave time as appropriate, in accordance with the options provided the employee, subject to the following provisions. No exchange of accrued sick leave for additional leave days or for cash will be granted for those employees with 1080 hours or less of accrued sick leave except: (a) Upon retirement or death, the employee's accrued sick leave up to 1080 hours or less will be exchanged for pay at the rate of 50% of the employee's current base pay Upon termination under honorable conditions, as distinct from retirement or death, the employee's accrued sick leave up to 1080 hours or less will be exchanged for pay at the rate of 25% of the employee's current base pay Honorable termination includes resignation with proper notice (b) (c) Upon involuntary termination under honorable conditions, e g., layoff for budget reasons, accrued sick leave up to 1080 hours or less will be exchanged for pay at the rate of 50% of the employee's current base pay (d) In the event of death in line of duty, accrued sick leave up to 1080 hours or less will be exchanged for pay at the rate of 100% of the employee's current base pay (e) In no event shall the cash out exceed the sum of Six Thousand Two Hundred Fifty Dollars ($6,250.00) 25.2 Exchange of accrued sick leave for additional leave days or for cash will be granted to regular LEOFF II employees who have accrued more than 1080 hours of sick leave, subject to the following provisions. - 25 - • 1 • (a) Upon retirement or death,. 1080 hours of accrued sick leave will be exchanged for pay at the rate of 100% of the employee's current base pay (b) Upon termination under honorable conditions, as distinguished from death or retirement, 1080 hours of accrued sick leave will be exchanged for pay at the rate of 50% of the employee's current base pay (c) Employees who have accrued more than 1080 hours of sick leave may exchange such sick leave for bonus (additional) leave at the rate of 4 shifts of sick leave for each additional vacation shift, not to exceed a total of 5 added vacation shifts annually, utilization of which would be subject to the scheduling and approval of the department head (d) Upon involuntary termination under honorable conditions, e g , layoff for budget reasons, 1080 hours of accrued sick leave will be exchanged for pay at the rate of 50% of the employee's current base pay (e) In the event of death in the line of duty, 1080 hours of accrued sick leave will be exchanged for pay at the rate of 100% of the employee's current base pay (f) In no event shall the cash out exceed the sum of Twelve Thousand Five Hundred Dollars ($12,500.00) 25.3 The maximum accumulation of sick leave for LEOFF II employees shall be a total of 1,440 hours for any purpose including use and/or exchange 25 4 Sick Leave Exchange Procedure - Any regular LEOFF 1T employee may exchange accrued sick leave as provided in Sections 251, 25.2, 25 6, 25 7 or 25.8 herein at the option of the employee, subject to the following conditions and pro\ isions, effective January 1, 1986 (a) Authorization for such an exchange shall be made by time ticket submitted to the Fire Chief or his designee. (b) No exchange will be granted for less than 24 hours of vacation leave (c) No exchange will be granted to an employee who has been terminated for cause 25.5 Regular LEOFF II employees hired on or after October 1, 1977, shall be granted sick leave in accordance with Municipal Code 2.22.075 -26- 25 6 LEOFF II personnel working a 40 -hour week shall be eligible to exchange sick leave according to the following schedule A maximum of 960 hours may be accumulated for either exchange or use No exchange of accrued sick leave for additional leave days or for cash will be granted for employees with 720 hours or less of accrued sick leave, except: (a) Upon retirement or death, the employee's accrued sick leave up to 720 hours or less will be exchanged for pay at the rate of 50% of the employee's current base pay Upon termination under honorable conditions, as distinct from retirement or death, the employee's accrued sick leave up to 720 hours or less will be exchanged for pay at the rate of 25% of the employee's current base pay Honorable termination includes resignation with proper notice (c) Upon involuntary termination under honorable conditions, e g., layoff for budget reasons, accrued sick leave up to 720 hours or less will be exchanged for pay at the rate of 50% of the employee's current base pay (d) In the event of death in lune of duty, accrued sick leave up to 720 hours or less will be exchanged for pay at the rate of 100% of the employee's current base pay (e) In no event shall the cash out exceed the sum of Six Thousand Two Hundred Fifty Dollars ($6,250.00) 25 7 Exchange of accrued sick leave by 40 -hour week employees for additional leave days or for cash will be granted to regular LEOFF II employees who have accrued 720 hours or more, subject to the following provisions. (b) (a) Upon retirement or death, the employee's accrued sick leave up through a maximum 720 hours will be exchanged for pay at the rate of 100% of the employee's current base pay Upon termination under honorable conditions, as distinguished from death or retirement, the employee's accrued sick leave up through a maximum of 720 hours will be exchanged for pay at the rate of 50% of the employee's current base pay (c) Upon involuntary termination under honorable conditions, e.g , layoff for budget reasons, the employee's accrued sick leave up through a maximum of 720 hours will be exchanged for pay at the rate of 50% of the employee's current base pay (b) -27- • • • (d) In the event of death in the line of duty, the.employee s accrued sick leave up through a maximum of 720 hours will be exchanged for pay at the rate of 100% of the employee's current base pay (e) Employees who have accrued more than 720 hours of sick leave may exchange such sick leave for bonus (additional) leave at the rate of 32 hours of sick leave for an additional vacation leave day, not to exceed a total of 40 hours. added vacation leave days annually, utilization of which would be subject to the scheduling and approval by the department head. In no event shall the cash out exceed the sum of Twelve Thousand Five Hundred Dollars ($12,500.00) (f) 25.8 In December of each year, any accruals by 40 -hour week employees beyond the 960 hour limitation will be automatically exchanged based upon the formula of 8 hours pay for each 32 hours accrued or a percentage thereof for smaller accruals Such pay will appear on the employee's final paycheck for the year 25 9 LEOFF II personnel reassigned from shifts to days shall have all hours of accrued sick leave converted on the basis of one (1) hour sick leave for every three (3) hours accrued at the time of reassignment. Personnel reassigned from days to shifts shall have all hours of accrued sick leave converted on the basis of three (3) hours sick leave for every one (1) hour accrued at the time of reassignment. ARTICLE 26 - SICK LEAVE ACCRUALIEXCHANGE FOR FIRE DISPATCHERS & ALARM SUPERVISOR EMPLOYEES 261 For the purposes of this Article only, a day shall be construed as eight (8) hours 26.2 Sick Leave Exchange or Cashout. Fire Dispatchers and the Alarm Supervisor 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 Cashout of accrued sick leave will be granted to employees who have accrued m excess of three hundred sixty (360) hours subject to the following provisions. (b) - 28 - (i) Upon retirement or death, the employee s accrued sick lea\ e up to a maximum of se\ en hundred twenty (720) hours will be cashed out at the rate of one hundred per- cent (100%) of the employee's current base pay (n) Upon termination under honorable conditions, as distin- guished from death or retirement, the employee's accrued sick leave up to a maximum of seven hundred twenty (720) hours will be cashed out at the rate of fifty percent (50%) of the employee's current base pay (iii) In no case shall the cash out payment exceed Twelve Thousand Five Hundred Dollars ($12,500 00) (c) Sick Leave Exchange Employees who have accrued more than seven hundred twenty (720) hours may exchange such sick leave for bonus (additional) leave at the rate of thirty-two (32) hours of sick leave for each eight (8) hours of vacation, not to exceed a total of forty (40) hours added leave time annually, utilization of which would be subject to the scheduling and approval by the 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 followingcon- ditions 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 (ii) Requests will be accepted only during the first five (5) working days of each month with exchanged leave to be available within fifteen (15) calendar days of the date the request is received by the office of the Director of Finance and Budget Exceptions to the above will be made for ter- mination, layoff or disability retirement (iii) No request will be granted for less than eight (8) hours pay or a minimum of three (3) days' leave (iv) No exchange will be granted to an employee who has been terminated for cause, as defined by Civil Service - 29 - • • • • (v) In the event of layoff, exchange requests are the responsi- bility of the employee (e) In December of each year, any accruals beyond the one hundred and twenty (120) day limitation will be automatically exchanged based upon the formula of eight (8) hours pay for each thirty-two (32) hours accrued or a percentage thereof for smaller accruals. Such pay will appear on the employee's final pay check for the year 26.3 An employee shall be authorized to use sick leave on the day his wife gives birth The employee shall be released by his commanding officer upon the arrival of a replacement if such is needed to maintain departmental daily staffing requirements. If the employee's sick leave has been exhausted, vaca- tion leave, holiday time, compensatory time, or other accrued time off may be used in lieu of sick leave 26 4 The Employer will allow an employee to use the employee's accrued sick leave to care for a child of the employee under the age of eighteen (18) with a health condition that requires treatment or supervision. ARTICLE 27 - SICK LEAVE POOL 271 The City Manager or his/her designee, in his/her discretion, may grant, with the agreement of the Local 469 Executive Board, to a regular full-time employee who is a member of Local 469 or, with the unanimous agreement of the Local 469 Executive Board to a City employee, shared leave from the leave pool provided the following conditions are met: (a) The employee suffers from a catastrophic non -duty related illness or injury (b) The employee has depleted or will shortly deplete his/her total available paid leave. Paid leave is defined as vacation leave, sick leave, accrued compensatory time, holiday time, and personal holiday Shared leave shall mean paid leave transferred to an employee pursuant to this section. (c) Where applicable, the employee has diligently pursued and is found to be ineligible for Washington State Industrial Insurance benefits. (d) The employee is not eligible for other disability benefits that meet or exceed the limits set forth in this program pursuant to local law, state law, federal law, insurance, and /or any agreement - 30 - (e) In requesting, the employee must have been a donating shared leave pool member 27.2 An employee may donate his/her accrued paid leave hours by submitting a time card specifying the type and amount of hours to be donated to the IAFF Local 469 extended sick/leave pool, provided, that the donated hours do not cause the donor employee's sick leave balance to be less than two hundred eighty-eight (288) hours, unless otherwise approved by the Local 469 Executive Board The minimum number of hours to be donated at any one time is eight (8) hours. Such time cards must be received by the Fire Department Timekeeper no later than the fifth (5th) day of the first (1st) month in any quarter of' the year In case of an emergency and upon request of the Local 469 Executive Board, the leave pool will be reopened by the City for donations prior to said quarterly deadlines. 27.3 Paid leave shall be transferred on a dollar -value basis. The value of shared leave shall be the dollar value of the paid leave at the time it is recorded as available for use as shared leave Once shared leave has been transferred to an employee, it shall be transformed into sick leave and so credited to the employee's sick leave accrual. The dollar value of the pool will be increased by the City by the same percentage or dollar -per -hour figure as any wage increase effective for Local 469 members. 27 4 All requests/applications for shared leave shall be in writing on a form provided by Local 469 and directed to the Local 469 Executive Board. Said written application shall contain the following information. (a) The number of hours sought from the leave pool, in one-hour increments (b) A physician's statement indicating the nature of the illness or injury, the prognosis for recovery, and the expected duration of the absence All such information shall be kept confidential. (c) An agreement to return to said leave pool any unused hours received from said leave pool upon return to work or termination of his/her employment for any reason. All requests processed by the Payroll Office by the fifteenth (15th) of a month shall be effective for that month. 27.5 The Local 469 Executive Board shall recommend whether to approve a request for leave from the leave pool, according to the following factors: (a) The nature of the illness or injury of the requesting employee -31- • • (b) Any history of excessive or abusive use of sick leave by the requesting employee (c) The amount of shared leave available in the leave pool. 27 6 The Local 469 Executive Board shall make every reasonable effort to determine that an employee is granted shared leave only for catastrophic nonduty related illness or injury and the limitations set forth in this policy Use of shared leave contrary to this Agreement shall result in cancellation of shared leave, the balance of which will be returned/transferred to the leave pool The Local 469 Executive Board shall so notify the involved employee and the Director of Finance and Budget. 27 7 Hours awarded from the leave pool shall be on a first-come first-served basis of qualified employees. The maximum withdrawal from the pool shall be limited to the amount required to maintain the requester's employee status for six months from the date of approval, per approval request. 27.8 The Local 469 Executive Board shall send written notification for the award of sick leave hours from the leave pool to the City of Yakima Human Resources Department, with a copy to the Payroll Officer The Local 469 Executive Board and the City shall notify each requesting employee of the final decision on award of hours from the leave pool. 27 9 The Personnel Officer shall be responsible for monitoring shared leave and shall also be responsible for initiating the proper paperwork to the Payroll Office to adjust the accrued leave balances to the recipient from the leave pool Records of all transactions from the leave pool to the recipient will be maintained by the Payroll Office with a copy of each transaction also maintained in the Human Resources Office Recipients shall also have a record of his/her hours received from the leave pool placed in their City and Department personnel file ARTICLE 28 - BIRTHING LEAVE/MATERNITY LEAVE 28.1 A LEOFF I employee shall be authorized to use vacation leave, compensatory time, holiday time, or other accrued time -off on the day his wife gives birth. The employees shall be released by his commanding officer upon the arrival of a replacement if such is needed to maintain Departmental daily staffing requirements. 28.2 A LEOFF 11 employee, Fire Dispatcher or Alarm Supervisor shall be authorized to use sick leave on the day his wife gives birth. The employee shall be released by his commanding officer upon the arrival of a replacement if such is needed to maintain Departmental daily staffing requirements If the employee's 32 - sick leave has been exhausted, vacation leave, holiday time, compensatory time, or other accrued time off may be used in lieu of sick leave 28.3 The Union and the City agree to jointly develop appropriate language to add to this article to cover the impacts of mandates by State and Federal statutes. ARTICLE 29 - COMPENSATORY TIME OFF 291 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 one (1) average work week's worth of hours may be accumulated (i.e., forty (40)) Use shall be scheduled at the City's discretion with due regard to the wishes of the employees and the City's work requirements. 29.2 Court Appearance Leave - In the event members of the bargaining unit receive a subpoena to appear in court to provide testimony in an official capacity, such required absence from scheduled duty shall be considered time worked for pay purposes When said employees are required to appear in court in an official capacity in their off duty hours, they shall be paid at the applicable rate for such time Verification of court attendance shall be on a form prescribed by the Fire Department and shall include a statement of hours signed by the relevant court clerk. 29.3 An off duty employee who is required by the Chief of the Department to testify before the Civil Service Board on matters pertaining to his assigned duties shall be compensated for actual time in attendance in accordance with 29.2 of this Article Verification of attendance shall be on a form prescribed by the Fire Department and shall include a statement of hours of attendance signed by the Chief of the Department 29 4 Training Time - (a) For LEOFF employees, off duty training that is required by the Chief or the Department or his designee shall be paid at time and one-half the straight - time pay for each hour or portion thereof that is spent in actual training (b) For Fire Dispatchers and Alarm Supervisor, training time required by the Fire Chief or his designee shall be considered as time worked for compensation purposes. Optional training and efforts expended m preparation for promotional exams, etc., shall not be covered by this clause - 33 - • • • ARTICLE 30 - ALARM OFFICE.PROVISIONS ,FOR FIRE DISPATCHERS AND ALARM SUPERVISOR 30 1 Use Of Oualified Employees. Persons assigned to work independently in the Alarm Office shall be fire dispatch personnel who have passed the required Fire Dispatcher Civil Service Exams and/or hold the rank of Alarm Supervisor 30.2 In the event of emergency circumstances which require more than one (1) Fire Dispatcher, other Fire Department personnel may be utilized provided that they are accompanied by at least one (1) Fire Dispatcher or the Alarm Supervisor at all times. This condition shall exist only until such time as the required number of Fire Dispatchers can be notified and can respond to the emergency 30.3 In the event that a Fire Dispatcher is incapacitated due to illness or injury and/or is unable to serve or complete his duty shift for any reason, and whereas another Fire Dispatcher is not readily available, other Fire Depart- ment personnel may be utilized provided that another Fire Dispatcher is con- tacted as soon as possible for replacement This condition shall exist only until such time as another Fire Dispatcher can respond 30 4 The use of previously unqualified Temporary Employees m the Alarm Office shall require the supervision of a regular Fire Dispatcher or the Alarm Supervisor until such time as they are deemed by the latter individual as qualified Regular Alarm Office positions declared vacant shall be examined for and filled by regular Employees within one hundred twenty (120) days unless abolished by the City Council. The time limits for examining and filling a position, if said position is not abolished by the City Council, may be extended by mutual agreement of the parties ARTICLE 31 - OVERTIME FOR LEOFF EMPLOYEES 31 1 Only the hours that a LEOFF employee is physically present on his assigned shift or work period are considered hours worked 31.2 When LEOFF employees assigned to a 24-hour shift work more than 204 hours on their assigned shifts in a 27 day work period, or in the case of other LEOFF employees, 40 hours in a 7 day work period, such employees shall be paid at the overtime rate required by the Fair Labor Standards Act for all hours worked in excess of 204 hours or 40 hours, respectively 31.3 Premium Duty Pay - LEOFF personnel not on their normally scheduled shifts, who are not assigned to work, except as noted in 314 below, shall be paid at the o� ertime rate required by the Fair Labor Standards Act - 34 - 31 4 Emergency Duty Pay - When LEOFF personnel are called from off-dutv b‘ the Fi-e Chet or his decignce beta _ase of an emergenc\ the emergent‘ duty pay rate shall be calculated iding base monthl\ salary b\ 173 33 and multiply ing the result by 1.5 J 31.5 Fractions of an hour served on overtime duty shall be rounded to the next full hour for the purpose of computing the amount of overtime ARTICLE 32 - OVERTIME FOR FIRE DISPATCHERS AND ALARM SUPERVISOR 32.1 For Fire Dispatchers and the Alarm Supervisor, overtime hours are those hours worked in excess of forty (40) hours in a regularly scheduled se\ en (7) day ti ork period and all hours outside one s normally assigned shift For the purpose of computing overtime all paid leave time shall be considered time worked ARTICLE 33 - DUTY WEEK FOR LEOFF EMPLOYEES 33 1 The average hours of duty for 24-hour shift LEOFF employees shall average fatty -one point thirty-eight (51.38) hours per week. 33.2 The employees serving in the positions of Public Education and Safety Captain, Technical Training Captain and Technical Training Lieutenant shall work a shift consisting of forty (40) hours per week in the form of five (5) eight (8) hour days Alternate forty (40) hour shifts may be worked as mutually agreed upon by the employee and the employer ARTICLE 34 - SMOKING ON DUTY 34 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 all members of the Fire Department from all areas within fire stations, administrate\ e offices, shops and any other buildings or facilities of the Fire Department Violations of these provisions shall constitute a basis for disciplinary action to be handled in accordance with normal disciplinary procedures. ARTICLE 35 - PHYSICAL FITNESS 35 1 For LEOFF employees, there shall be established a physical fitness committee. Composition of the committee shall consist of - (a) Two members designated by the Fire Chief (b) Two members of the bargaining unit - 35 - • • • (c) One member from outside the department, selected by the other four members to serve as chairperson. The outside representative should have the following professional characteristics. Experience or education in physical fitness, medicine or related field 35.2 The purpose of the committee is to develop a physical fitness program, establish policy, manage the on-going program, and, make appropriate recommendations on awards and/or discipline. 35.3 The Physical Fitness Program established by the Physical Fitness Committee shall be reviewed and revalidated annually by the Department and the Union. The program and the policy governing this program shall not be changed except by the mutual consent of the Department and the Union. 35 4 Both parties have agreed to jointly work on addressing issues and programs pertaining to physical fitness. 35.5 All LEOFF personnel will be required to meet the physical fitness standards as defined by the physical fitness committee. LEOFF personnel failing any portion of the standard will be morutored on an on-going basis to insure a regular effort is made to progress in the deficient area(s) Individuals will have a period of tune, as determined by the committee, to achieve a minimum standard as long as progress is measurable and legitimate injury does not impede such progress. After the period of time set by the committee and no measurable progress is made then corrective or disciplinary action may be taken as provided for in Article 41 35 6 Upon request by the fitness committee, only the medical results that pertain to physical fitness shall be given to the committee. 35 7 Fire Dispatchers & Alarm Supervisor Provisions. Those members of the bargaining unit who are employed in the positions of Fire Dispatcher or Alarm Supervisor will have made available to them a time, which shall not exceed 60 minutes per work shift, to participate in an approved aerobics/physical fitness program This program shall be as approved by the Fire Department Physical Fitness Committee The scheduled times will be by agreement between the Fire Chief or his designee and a bargaining unit representative appointed by the Union Executive Board At no time shall the scheduled aerobic/physical fitness time cause a hiring situation to happen in order to allow anyone to participate. Relief of on -duty personnel shall only happen when work schedules and work loads allow At other times participants shall use the equipment, furnished by the department, in the Dispatch Center to accomplish their aerobics/fitness times, the participants shall provide all of their own personal aerobic/fitness clothing. The actual schedule of aerobic /fitness period times, availability of relief and the list of approved activities shall be agreed upon by the Chief or his designee, the Physical Fitness Committee, and the Alarm Supervisor As part ofthis program, the participants are -36- encouraged to be active participants in the City's Wellness Program in order to have a total wellness/fitness program. 35.8 Employees in the bargaining unit shall be required to have physical examinations to be scheduled by and at the expense of the City Examinations shall be required at ages 40, 45, 50, and bi-annually after age 50 The results of a medical examination for LEOFF employees as they relate to health/fitness to carry out job responsibilities will be forwarded to the physical fitness committee ARTICLE 36 - CREATION OF NEW LEOFF CLASSIFICATIONS 361 The salary, hours of work, working conditions, selection criteria and fringe benefits for all newly created classifications or classification modifications within the bargaining unit shall be negotiated with the Union prior to the filling of any position within the new classification. ARTICLE 37 - CREATION OF NEW FIRE DISPATCHER & ALARM SUPERVISOR CLASSIFICATIONS 371 The salary, hours of work and fringe benefits for all newly created classifica- tions 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 - FIRE DISPATCHERS & ALARM SUPERVISOR CLASSIFICATION STUDIES 381 The long term assignment (longer than six (6) months) of previously uncharacteristic duties (i.e. fire dispatchers dispatching other City of Yakima departments, etc.) to any classification of the bargaining unit must be accompanied by a classification study The Classification study shall be accomplished in a reasonably timely manner ARTICLE 39 - DEFERRED COMPENSATION FOR LEOFF FIRE. FIRE DISPATCH AND ALARM SUPERVISOR 39 1 Effective 7-1-96, 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 1% of base pay to a deferred compensation account for each member of the bargaining unit -37- • • • 39.2 Effective 1-1-97, each bargaining unit member shall be paid, in addition to that employee's monthly salary, deferred earned compensation each month in an amount equal to 2% of base pay to a deferred compensation account for each member of the bargaining unit. 39.3 Effective 1-1-98, each bargaining unit member shall be paid, in addition to that employee's monthly salary, deferred earned compensation each month in an amount equal to 3% of base pay to a deferred compensation account for each member of the bargaining unit. 39 4 Said deferred compensation is separate pay and is not part of thebase monthly salary schedule codified in Yakima Municipal Code Pay and Compensation Ordinance, subsection 2.20110 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 40 - CONSOLIDATED DISPATCH (Fire Dispatchers & Alarm Supervisor) 40 1 The parties agree that the Employer has made the decision to implement Consolidated Dispatch operations Both parties agree to negotiate the effects of that decision. 40.2 In the event Fire Dispatchers and/or Alarm Supervisor are included in a different bargaining unit as a result of implementation of Consolidated Dispatch Operations, the Employer agrees to negotiate the terms of a collective bargaining agreement. Economic provisions contained in this fire agreement pertaining to Fire Dispatchers and Alarm Supervisors shall continue unchanged for those personnel m the new agreement. Negotiations about other provisions of the new collective bargaining agreement will be carried out pursuant to the impasse resolution procedures for uniformed personnel (RCW 41.56 430, et seq) The new collective bargaining agreement will also include the following provisions. (a) In negotiations for a successor collective bargaining agreement for Public Safety Dispatchers, the parties agree to follow the impasse resolution procedures for uniformed personnel (RCW 41.56.430, et seq ) In the event that either (1) the Employer declines to include the provisions of Section 40.2 (a) in a collective bargaining agreement covering employees who were Fire Dispatchers or Alarm Supervisor at the time the Employer implemented (b) - 38 - Consolidated Dispatch operations, or (2) Fire Dispatchers and /or Alarm Supervisor are included in a unit of emploN ees that chooses not to select a bargaining representative, then the Employer shall forthwith restore them as employees of the Employer's Fire Department who dispatch exclusively fire and emergency medical responses and included in the firefighters' bargaining unit. ARTICLE 41- DISCIPLINE POLICY Both parties have agreed to continue work and to complete a progressive discipline policy ARTICLE 42 - MUNICIPAL CODE SECTIONS PERTAINING TO FIRE DEPARTMENT LEOFF EMPLOYEES, FIRE DISPATCHERS AND ALARM SUPERVISOR 2.04 Group Insurance 2.04 010 Plan Adopted 2.04 030 City Contributions 2 16 Bonds For Officers 2.16 010 Bonds Required - Amount 2.20 Salaries 2.20 010 Persons Subject to the Plan 2.20 040 Policy for Pay Steps 2.20 060 Transfer, Promotion, Reclassification, Demotion or Reinstatements of Employees 2.20 070 Reduction in Salary 2.20 080 Effect on Budget 2 20 085 Reimbursement for Expenditures 2 20 086 Reimbursed Expenditures - Amounts 2.20 088 Uniform Allowance - Special Assignment Pay 2.20 100 Classification Plan 2.20 110 Compensation Plan 2.22 Fire Department - Working Conditions 2.22.010 Work Week 2.22.020 Calling Off -Duty Firefighters in an Emergency 2.22 030 Compensation 2.22.040 Overtime Pay 2.22 050 Special Assignment Pay 2.22 060 Time -off Privileges - Vacation Leave 2.22 070 Time -off Privileges - Compassionate Leave 2.22 075 Time -off Privileges - Sick Leave 2 22 Oso Holidays -39- • 2.24 2.24 010 2.24.015 2.24.020 2.40 2.40.010 2.40.020 2.40.030 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 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 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 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 43 - ENTIRE AGREEMENT 431 The Agreement expressed herein in writing constitutes the entire Agreement as negotiated between the parties and no oral statement or previous written agreements shall add to or supersede any of its provisions. 43.2 The City and the Union agree to establish a regular monthly meeting for the purpose of discussing matters considered of importance to them respectively and to maintain a channel of communication. Itis intended that such communication be used as a tool to prevent problems from developing and to solve problems which have surfaced The City and the Union may voluntarily and mutually agree upon solutions to the aforementioned problems, real or developing, and such agreements shall, when appropriate, be reduced to a memorandum and attached to this Agreement. 43.3 Date of Hire List for LEOFF Employees - The City will provide a date of hire list for LEOFF employees no later than February 1st of each year to be posted at all fire stations. -40- • • 1 ARTICLE 44 - NO PYRAMIDING 44.1 Nothing contained in this Agreement shall be interpreted as requiring a duplication or pyramiding of overtime payments involving the same hours of labor except as otherwise specifically provided in this Agreement. ARTICLE 45 - SAVINGS CLAUSE 451 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 m 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 46 - TERM OF AGREEMENT 46.1 This Agreement shall be deemed effective from and after the 1st day of January, 1996, through the 31st day of December, 1998, 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 Recommended b A'el Castilleja, .- • 'TO; M nke, President Manageme'v t ttorney Local 469, I.A.F.F City of Yakima arry 1, rehouse, Secreta Local 469, I.A.F.F Executed by the parties hereto this 16th day of 2211-y__, 1996. CITY OF YAKIMA By.�� , R. A. Zais, Jr City Manager - 41 - ATTEST By p �J City Clerk CITY CONTRACT K RESOLUTION NO Jiq cf— q O LOCAL 469, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO By• • s - 42 - • • SUPPLEMENT TO THE 1996-1998 COLLECTIVE BARGAINING AGREEMENT LETTER OF AGREEMENT BETWEEN THE CITY OF YAKIMA AND IAFF LOCAL 469 RE: PROMOTIONS TO POSITIONS OF PUBLIC EDUCATION AND SAFETY CAPTAIN, TECHNICAL TRAINING CAPTAIN AND TECHNICAL TRAINING LIEUTENANT In order to insure a smooth transition and to insure fairness to the employees currently serving in these three positions, the following conditions will apply. Public Education and Safety Officer and the Technical Training Supervisor: Tony Sloan and Jim Simpson will be allowed to continue to serve in their current positions under their original titles of Public Education and Safety Officer and Technical Training Supervisor. When either or both of these employees leave or are promoted out of these positions, the position titles will change to Public Education and Safety Captain and Technical Training Captain and candidates for these positions will be selected from the suppression captain's promotional list. Technical Training Assistant: The position of Technical Training Assistant will change to Technical Training Lieutenant as of 1/1/96. The person currently serving in this position, Alfred Tobia, will be given the option of promoting into the new position or remaining at the top of the lieutenant's promotional list to await the next available lieutenants promotion. Promotional tests for these positions will be combined with suppression captain and lieutenant promotional tests given in the fall and the promotional list will last two years. This will eliminate the need for two separate tests for each position. Said tests will be given three months prior to the expiration date of the current promotional lists. This is in order -to facilitate transfers before the beginning of the next year The lone exception to this will be the tests given upon expiration of the current captain and lieutenant lists. Those tests will be given three months prior to the expiration of the current lists and the next tests will be given in the fall of the following year. The duration of these lists will be approximately a year and a half. Afterwards all tests will be given every two years in the fall. (see section 13.4c) -43- • • • COLLECTIVE BARGAINING AGREEMENT COVERING PERS FIRE DEPARTMENT EMPLOYEES By and Between THE CITY OF YAKIMA, WASHINGTON and LOCAL 469, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO EFFECTIVE: January 1, 1996 until December 31, 1998 GENERAL PROVISIONS ARTICLE I ARTICLE II ARTICLE III - ARTICLE IV ARTICLE V ARTICLE VI ARTICLE VII ARTICLE VIII ARTICLE IX ARTICLE X ARTICLE XI TABLE OF CONTENTS - UNION RECOGNITION AND BARGAINING UNIT UNION SECURITY - PAYROLL DEDUCTIONS - MANAGEMENT RIGHTS - PRODUCTIVITY - EQUAL OPPORTUNITY CLAUSE - PROPERTY LIABILITY - GRIEVANCE PROCEDURE - RELEASE FROM DUTY - COLLECTIVE BARGAINING COMMITTEES - COLLECTIVE BARGAINING PROCEDURE PROVISIONS APPLICABLE TO WAGES AND BENEFITS ARTICLE XII ARTICLE XIII ARTICLE XIV ARTICLE XV ARTICLE XVI ARTICLE XVII ARTICLE XVIII - WAGES - MEDICAL, VISION, DENTAL AND LIFE INSURANCE - LONGEVITY PAY - SPECIAL PAYS - VACATION LEAVE - SICK LEAVE/EXCHANGE OR CASHOUT - COMPENSATORY TIME OFF MISCELLANEOUS PROVISIONS ARTICLE XIX ARTICLE XX ARTICLE XXI ARTICLE XXII ARTICLE XXIII ARTICLE XXIV ARTICLE XXV ARTICLE XXVI ARTICLE XXVII ARTICLE XXVIII ARTICLE XXIX ARTICLE XXX ARTICLE XXXI ARTICLE XXXII - SPECIAL PROVISIONS -TRAINING TIME - CLASSIFICATION - SMOKING ON DUTY - PHYSICAL FITNESS - CREATION OF NEW CLASSIFICATIONS - DEFERRED COMPENSATION - ENTIRE AGREEMENT - SAVINGS CLAUSE - MUNICIPAL CODE SECTIONS PERTAINING TO FIRE DEPARTMENT PERS EMPLOYEES - NO PYRAMIDING - OVERTIME - TOOL ALLOWANCE FOR ELECTRONIC TECHNICIANS AND MAINTENANCE MECHANIC - TERM OF AGREEMENT Signature Page 17 18 18 18 18 19 19 20 20 20 21 21 22 22 22 1 1 2 2 3 3 3 4 6 7 8 9 9 12 12 13 14 16 • • • • COLLECTIVE BARGAINING AGREEMENT COVERING PERS FIRE DEPARTMENT EMPLOYEES By and Between THE CITY OF YAKIMA, WASHINGTON and LOCAL 469, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO This Agreement is made and entered into 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 I - UNION. RECOGNITION AND BARGAINING UNIT The City hereby recognizes the Uni9n as the exclusive bargaining representa- tive for all regular Fire Department employees in the Public Employees Retirement System (PERS) classifications as set forth in Appendix "A" of this Agreement (as certified by the Public Employment Relations Commission Decision No 837-PECB) Excluded from the bargaining unit are the fire chief, deputy fire chief, battalion chiefs, administrative assistant, uniformed firefighter personnel, fire dispatchers, alarm supervisor and temporary employees Future classifications may be included in the bargaining unit subject to appropriate proceedings before the Public Employment Relations Commission (PERC) ARTICLE II - UNION SECURITY Each employee m the Fire Department may become or remain a member of the Union. Employees not desirous of membership in the Union shall be subject to a representation service fee equal to the base mandatory dues and assessment which shall be a condition of continued employment. Said mem- bership or fee payment shall become mandatory upon successful completion of a one (1) year period of service with the Fire Department and in accordance with provisions of the Public Employee Collective Bargaining Act, R.0 W 41.56 Nothing herein shall preclude membership in the Union of any employee who so requests prior to completion of one (1) year of service ARTICLE III - PAYROLL DEDUCTIONS 3 1 The City agrees to deduct uniformly required Union membership fees, dues and other assessments from the pay of those members who authorize the City to do so, such authorization shall be in writing and signed by each person authorizing such deductions and filed with the City The Secretary of the Union shall notify the Finance Officer of the City of Yakima of amounts to be deducted from the pay of each such person. The City shall transmit to the Treasurer of the Uruon the aggregate of such deductions, together with an itemized statement, on or before the 20th day of each month, following the month for which deductions are made. The Union agrees to hold harmless and indemnify the City against any claims, causes of action, or lawsuits aris- ing from such deductions or the transmittal of such deductions to the Union. 3.2 In the event the City receives a written notice, signed by any person from whose pay such deductions are being made, that no further deductions are to be made, the City shall make no such deductions from any pay earned by that person after receipt by the City of such notice. The City shall notify the Secretary of the Union of all such notices received by the City, which notifica- tion 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 IV - MANAGEMENT RIGHTS 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 4 1 The right to establish and institute work rules and procedures upon reasonable notice to bargaining unit members. All personnel rules and poli- cies developed by the Employer which are intended to be applicable to Union members shall be in written form and posted in the departmental manual. 4.2 The right to determine reasonable schedules of work, overtime and all methods and processes by which said work is to be performed in a manner most advantageous to the Employer Changes to work schedules which are intended to be applicable to Union members shall be in written form and posted in the departmental manual 4.3 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 -2 - • • continuation of work would be wasteful and unproductive: in the opinion of City officials 4.4 The right to discipline or discharge employees for just cause as provided m the General Rules and Regulations of the Fire Civil Service Commission of the City of Yakima. 4.5 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 4 6 The right to take whatever actions the Employer deems necessary to carry out services in an emergency ARTICLE V - PRODUCTIVITY The parties mutually recognize the desirability of improving productivity in order to provide maximum services at reduced costs. It is therefore agreed that the Union will actively cooperate and participate in studies and efforts to discover and implement new methods and practices which result in increased efficiency and productivity gains in the Fire Department ARTICLE VI - EQUAL OPPORTUNITY CLAUSE It is the policy of the City of Yakima and the Union not to discriminate against any employees or applicants for employment because of race, color, religion, age, sex, physical, mental, or emotional handicap, or national origin. It is not the intent of management to lower employment standards or hire individuals incapable of performing the required tasks of the job classifica- tion Nothing in this section shall prohibit the City from establishing bona fide occupational qualifications. ARTICLE VII - PROPERTY LIABILITY The City shall provide full physical damage insurance on Fire vehicles which shall include Fire Department employees as insureds, or the City shall, in the alternative, become self-insured for such physical damage In either case, the City waives any claim it may have against any Fire Department employee for damage to City property while that employee is acting within the scope of his employment except in the instance of intentional misconduct, but the City retains its right to discipline any employee for just cause. -3 - ARTICLE VIII - GRIEVANCE PROCEDURE 81. Policy. The parties recognize that the most effective accomplishment of the work of the City requires prompt consideration and equitable adjust- ments of employees' grievances. It is the desire of the parties to adjust griev- ances 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 grievance 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 and shall not include specific provisions of the General Rules and Regulations of the Civil Service Commission for fire employees of the City of Yakima 8.3 Process. (a) To be reviewable under this procedure a grievance must: - Concern matters or incidents that have occurred - Result from an act or omission by management regarding aspects of this Agreement over which the City has control - Arise out of a specific situation, act or acts complained of as being unfair which result in inequity or damage to an employee - Specify the relief sought which relief is within the power of the City to grant. (b) Step 1 - Discussion With Supervisor - As soon as possible, but in no case later than thirty (30) calendar days after an employee has been made reasonably aware of a wrongful act charged, an employee shall first discuss his grievance with his immediate supervisor Said supervisor shall make an investigation of the relevant facts and circumstances of the complaint and provide a written decision within seven (7) calendar days. (c) Step 2 - Written Grievance To Division Supervisor - If the griev- ance is not resolved at Step 1, then the grievance may be sub- mitted to the Division Supervisor within twenty (20) calendar days of receipt of the written decision of the immediate super- -4 - • • 11. visor in writing setting forth the detailed facts concerning, the nature of the grievance, contractual provisions alleged violated and relief sought. The Division Supervisor shall hear the griev- ance and forward a written decision to the employee within seven (7) calendar days after such hearing. (d) Step 3 - Grievance Appealed To Chief Of The Department - If the employee and Division Supervisor cannot reach agreement regarding a remedy, the employee may, within seven (7) calendar days of receipt of the written decision, submit the grievance to the Chief of the Department. The Chief shall make a separate investigation of the issue(s) and notify the employee in writing of his decision, and the reasons therefore, within seven (7) calendar days. (e) Step 4 - Grievance Appealed To City Manager - If the employee is dissatisfied with the decision of the Chief of the Department, the employee may within seven (7) calendar days request a review by the City Manager The City Manager shall forward a written decision to the employee within fifteen (15) calendar days from receipt of the grievance. Step 5 - Grievance Appealed To Arbitration - A grievance which is not resolved as set forth may be appealed to arbitration. Either party may invoke arbitration upon submission of a written request for same which identifies the previously filed grievance and sets forth the issue(s) which the moving party seeks to have arbitrated. (f) A joint request of the Union and the City Manager shall then be forwarded to the Public Employment Relations Commission (PERC) within seven (7) calendar days for assignment of an arbi- trator from its staff Subsequent hearing(s) will be governed by the rules and procedures of PERC The arbitrator shall render a decision as promptly as possible The arbitrator shall confine himself/herself to the issues submitted for arbitration and shall have no authority to determine any other issues not so sub- mitted to him/her The arbitrator shall have jurisdiction and authority only to interpret, apply or determine compliance with the specific terms of the Agreement and shall not have jurisdic- tion to add to, detract from or alter in any way the provisions of this Agreement. The decision within the jurisdiction of the arbi- trator shall be final and binding upon both parties. In the event that the Public Employment Relations Commission establishes fees for the assigned arbitrator during the term of this Agreement, such expenses and fees incumbent to the services of -5 - (g) the arbitrator shall be borne equally by the Employer and the Union Any grievance which the City's management may have against the Union shall be reduced to writing and submitted to the Presi- dent of the Union local. If the matter is not satisfactorily settled within fifteen (15) calendar days, appeal may be instituted as set forth in 8.3(0, Step 5, above 8 4 Special Provisions. (a) The term "employee" as used in this Article shall mean an indi- vidual employee, or group of employees, accompanied by a representative if so desired (b) A Union representative and/or aggrieved party shall be granted time off without loss of pay for the purpose of processing a griev- ance as provided in 8.3(0, Step 5, above. (c) Grievances on behalf of an individual employee may not be initiated or pursued without his or her consent. (d) A grievance may be entertained in or advanced to any step in the grievance procedure if the parties so jointly agree (e) 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 par- ties involved at the step to be extended Any grievance shall be considered settled at the completion of any steps if all parties are satisfied or if neither party presents the matter to a higher authority within the prescribed period of time (f) ARTICLE IX - 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 one (1) in number at any one (1) time, shall be granted up to one hundred twenty (120) hours of time off for Union business, provided that a maximum of seventy (70) of these up to one hundred twenty (120) hours off will be paid at the standard rate granted for any leave with pay The City shall be obliged to release one (1) employee but may allow additional employees to be released simultaneously -6 - • • • based upon departmental operational requirements. Business leave includes attending labor conventions and educational conferences regarding collective bargaining, provided that notice of such conventionsor conferences shall be given at least one (1) week prior thereto to the Chief of the Fire Department, and provided further that the total leave for this bargaining unit for the pur- pose set forth in this section shall not exceed one hundred twenty (120) hours in any calendar year Furthermore, partial shifts may be utilized by employ- ees for departure or return provided Department established minimum manning levels are maintained after the absence of the person(s) to be released on Union Business Leave. Officers and members of the Union designated by the Union may use Union business leave from any of the Fire Department bargaining units that I.A.F.F Local 469 represents. 9.2 Court Appearance Leave. In the event members of the bargaining unit receive a subpoena to appear in court to provide testimony in an official capa- city, 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 of pay for such time. Verification of court attendance shall be on a form prescribed by the Fire Department and shall include a statement of hours signed by the relevant court clerk. 9.3 Civil Service Board Appearances An off duty employee who is requested by the Chief of the Department to testify before the Civil Service Board on matters pertaining to the assigned duties shall be compensated for actual time in attendance in accordance with 9.2 of this Article Verification of attendance shall be on a form prescribed by the Fire Department and shall include a statement of hours of attendance signed by the Chief of the Depart- ment ARTICLE X - 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 1 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 meet- ings 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 -7 - 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 Department, such leave shall be without pay ARTICLE XI - COLLECTIVE BARGAINING PROCEDURE 11 1 General. All negotiable matters pertaining to wages, hours and work- ing conditions shall be established through the negotiation procedure as pro- vided by RCW 41.56 No ordinances existing at the time of execution of this Agreement relating to wage, hours and working conditions for members of the bargaining unit shall be amended or repealed during the term of this Agreement without written concurrence of both parties. 11.2 Each year, as appropriate, the Union shall submit to the City Manager and the City Manager may submit to the Union a written proposal for any changes in matters pertaining to wages, hours and working conditions desired by the Union or the City for the subsequent year These written proposals shall be submitted in accordance with the requirements of Chapter 41.56 RCW 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 11.3 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 inten- tions to seek mediation. Mediation shall be conducted by the Washington State Public Employment Relations Commission. Consideration By City Council - In the event the Union and the City are unable to resolve any annually negotiable matter relat- ing to wages, hours, or working conditions for PERS employees, such unresolved matter may be submitted by either party hereto, (b) -8 - • 1 • to the Yakima City Council for discussion and consideration by that body in an effort to satisfactorily settle such unresolved mat- ter prior to any final City Council action by ordinance, resolution or otherwise. Such consideration and decision by the Council shall be made within fifteen (15) calendar days following a written request. The parties shall have the right to be in atten- dance and be heard. If the Union or 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 par- ty that such mediation procedure be complied with prior to the submittal of the matter to the City Council for its consideration. ARTICLE XII - WAGES 12.1 Effective 1-1-96 the base salary of bargaining unit members will be increased by four (4 0%) percent. 12.2 Effective 1-1-97 the base salary of bargaining unit members will be increased by an amount equal to 100% of CPI based on an averaging of the US Cities Consumer Price Index (CPI -W) and the Seattle Consumer Price Index (CPI -W) for the period of July 1995 to July 1996, subject to a minimum of 3% and a maximum of 6% 12.3 Effective 1-1-98 the base salary of bargaining unit members will be increased by an amount equal to 100% of CPI based on an averaging of the US Cities Consumer Price Index (CPI -W) and the Seattle Consumer Price Index (CPI -W) for the period of July 1996 to July 1997, subject to a minimum of 3% and a maximum of 6% ARTICLE XIII - MEDICAL, VISION, DENTAL AND LIFE INSURANCE 131 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 levels of benefits, payment of premiums through a cafeteria plan, copayment, 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" -9 - (b) 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) Fire PERS retirees may elect to remain in the group medical plan until they reach age 65, upon payment of the required premium. (b) Spouses of retirees may remain in the group medical plan until they reach age 65 or in the case of spouses of deceased retirees, until they reach age 65 or remarry, whichever occurs first. (c) Other dependents of retirees may remain in the group health care plan as long as they remain eligible under the provisions of the plan or when coverage for the retiree and spouse, or, the spouse of deceased retiree terminates, at which time such dependent insurance coverage would cease regardless of the age of the dependents. (d) Retirees, or spouses of deceased retirees, shall pay the premium and other shared dependent coverage costs (including dependents if enrolled) which shall be based on the same formula as active employees and dependents within the bargaining unit Premiumsshall be paid by deduction from retirement checks paid to retired employees or their beneficiary 13.2 Insurance Premium Contributions (a) Tanuary 1, 1996 through December 31, 1996 (1) Employee Only Fringe Benefit Package (Medical, Vision and Dental Insurance). Effective January 1, 1995, employee only health care coverage shall be paid for by the City and shall be at no cost to the employee. Bargaining unit members will be given the option to pay the difference in premium between the designated 100% coverage for LEOFF I and the City's "Plan", except that the deductible shall be as stated in the "Plan" (ii) Dependent Health Care Premium Contributions. Effective January 1, 1995, the City shall contribute up to $119 92 for dependent coverage for bargaining unit members The City and the employee shall share dependent health care program premiums in excess of the -10 - • r $119 92 per month contribution level on a 65%, by the Employer and 35% by the employee basis, with a maximum employee contribution of $85 00 per month. (iii) Dental Care Premium Contributions. The City shall pay the premium for employee and dependent dental care coverage. (b) January 1, 1997 through December 31. 1997 (i) Employee Health Care Premium Contribution. Employee only health care coverage shall be paid for by the City and shall be at no cost to the employee. Employees will be given the option to pay the difference in premium between the designated 100% coverage for LEOFF I and the City's "Plan", except that the deductible shall be as stated in the "Plan" (ii) Dependent Health Care Premium Contributions. The City shall contribute up to $100 for dependent coverage for bargaining unit members. The City and the employee shall share dependent medical program premiums in excess of $100 per month contribution level on a 50% by the Employer and 50% by the employee basis, with a maximum employee contribution of $100 per month (111) Dental Care Premium Contributions. The City shall pay the premium for employee and dependent dental care coverage (c) January 1. 1998 through December 31, 1998 (i) Employee Health Care Premium Contribution. Employee only health care coverage shall be paid for by the City and shall be at no cost to the employee Employees will be given the option to pay the difference in premium between the designated 100% coverage for LEOFF I and the City's "Plan", except that the deductible shall be as stated in the "Plan" (ii) Dependent Health Care Premium Contributions. The City shall contribute up to $80 for dependent coverage for bargaining unit members The City and the employee shall share dependent medical program premiums in excess of $80 per month contribution level on a 50% by the Employer and 50% by the employee basis, with a maximum employee contribution of $100, plus the percentage amount of the CPI increase used to calculate the base salary increase effective 1-1-98, per month. -11- (iii) Dental Care Premium Contributions. The City shall pay the premium for employee and dependent dental care coverage (d) Employee contributions under this Article will be accomplished through normal payroll deductions. (e) If the average dependent composite cost for the "Plan" goes below $119 92 for 1996, $100 for 1997, and $80 for 1998, said formula for the cost sharing shall cease for that calendar year This will be reviewed once per year according to the data provided by Direct Administrators. 13.3 Life Insurance Effective January 1, 1995 the City will provide $10,000 in face amount of life insurance at no cost to the employee. ARTICLE XIV - LONGEVITY PAY During the term of this contract, the City will pay longevity pay upon satisfac- tory completion of the following service and at the designated rate: Service In Years Percent Of Base Pay 4 1.5 9 3 14 4.5 19 6 24 8 Service in years shall be defined as in Article XVI, Vacation Leave, of this Agreement ARTICLE XV - SPECIAL PAYS 15 1 Acting Assignment. The City will pay acting assignment pay of at least 5% above the normal base pay of an individual for such period of continuous service, provided the individual serves a minimum of eight (8) hours in such higher classification, having been so assigned by the Fire Chief or his designee and provided further that the individual exercises the responsibility, includ- ing operation and administrative duties as they apply -12 - • 1 • 15.2 Call Back. (a) An employee who is called back to duty after his scheduled shift has terminated, but before the scheduled start of his next shift, shall receive overtime pay for overtime worked This shall apply to all call back to duty after working the scheduled shift. An employee shall be called back for a minimum of two (2) hours and the Employer has the right to work the employee for two (2) hours or more. (b) The call back bonus will not be available for a "hold over" defined as an extension of a regular or reassigned shift due to manning requirements or an emergency circumstance. However, premium pay shall be paid for work performed. 15.3 Uniform Maintenance. The Employer agrees to pay Sixty Dollars ($60 00) per year for uniform maintenance payable on February's payday; pro- vided, however, the Employer reserves the right to contract out uniform maintenance and cleaning After the effective date of contracting out main- tenance and cleaning, the Employer shall discontinue payment of Sixty Dol- lars ($60 00) per year for uniform maintenance to affected employees. Effective January 1, 1994, members shall have a one time option to participate or not in uniform cleaning service or receive $60 00 payment per year 15 4 Auto Reimbursement The City shall pay each employee for his use, at the request of the City, of his personal auto, not less than twenty-six cents (26¢) 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 ARTICLE XVI - VACATION LEAVE 16 1 Vacation Leave - Each employee within the bargaining unit shall earn vacation leave for years of service at the following rates: (a) Employees with one (1) full year of service shall earn ten (10) working days, five of which may be taken after six (6) months service, (b) Employees with two (2) full years of service shall earn twelve (12) working days, -13 - (c) Employees with five (5) full years of service shall earn fifteen (15) working days, (d) Employees with ten (10) full years of service shall earn nineteen (19) working days, (e) Employees with more than fifteen (15) full years of service shall earn twenty-two (22) working days. Effective January 1, 1983, service in years 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 rea- sons, if approved by the Fire Civil Service Commission during which times no service credit shall accrue. Layoff shall not be considered a break in service providing that failure to accept the first offer of reemployment for any reason shall constitute a break in service (No service credit shall accrue during periods of layoff ) 16.2 Employees of the bargaining unit shall earn twenty-four (24) days per year by virtue of twenty (20) or more years of service provided they become employed by the City of Yakima prior to January 1, 1981 16.3 Employees in this bargaining unit 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 16 4 Effective January 1, 1989, any vacation accumulated over the stated lim- its shall be paid at 100% of base wage as of December 31 of each year; provided, however, at least 75% of the annual accrual rate for vacation must have been used during the year in order to qualify for the payment; provided, however, if the Employer cancels an employee's scheduled vacation and this canceling results in vacation accumulation over the stated limits as of December 31 of any particular year then the Employer will pay for said vacation at the normal hourly rate Payment for any vacation accumulated over the stated limits is subject to the Employer's inability to reschedule the vacation time off Neither party shall unreasonably withhold approval of rescheduling of vaca- tion previously canceled ARTICLE XVII - SICK LEAVE EXCHANGE OR CASHOUT 171 For the purposes of this Article only, a day shall be construed as eight (8) hours -14 - • • • 17.2 Sick Leave Exchange of Cashout. Regular PERSemployees 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 Cashout of accrued sick leave will be granted to employees who have accrued in excess of three hundred sixty (360) hours subject to the following provisions. (i) Upon retirement or death, the employee's accrued sick leave up to a maximum of seven hundred twenty (720) hours will be cashed out at the rate of one hundred per- cent (100%) of the employee's current base pay (ii) Upon termination under honorable conditions, as distin- guished from death or retirement, the employee's accrued sick leave up to a maximum of seven hundred twenty (720) hours will be cashed out at the rate of fifty percent (50%) of the employee's current base pay (iii) In no case shall the cash out payment exceed Twelve Thousand Five Hundred Dollars ($12,500.00) (b) (c) Sick Leave Exchange Employees who have accrued more than seven hundred twenty (720) hours may exchange such sick leave for bonus (additional) leave at the rate of thirty-two (32) hours of sick leave for each eight (8) hours of vacation, not to exceed a total of forty (40) hours' added leave time annually, utilization of which would be subject to the scheduling and approval by the 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 con- ditions and provisions. (i) A request for such an exchange shall be madeto the Director of Finance and Budget. All requests shall be in writing and shall be signed by the employee making the request. -15 - (ii) Requests will be accepted only during the first five (5) working days of each month with exchanged leave to be available within fifteen (15) calendar days of the date the request is received by the office of the Director of Finance and Budget. Exceptions to the above will be made for ter- mination, layoff or disability retirement. (iii) No request will be granted for less than eight (8) hours pay or a minimum of three (3) days' leave. (iv) No exchange will be granted to an employee who has been terminated for cause, as defined by Civil Service. (v) In the event of layoff, exchange requests are the responsi- bility of the employee. (e) In December of each year, any accruals beyond the one hundred and twenty (120) day limitation will be automatically exchanged based upon the formula of eight (8) hours pay for each thirty-two (32) hours accrued or a percentage thereof for smaller accruals. Such pay will appear on the employee's final pay check for the year 17.3 An employee shall be authorized to use sick leave on the day his wife gives birth The employee shall be released by his commanding officer upon the arrival of a replacement if such is needed to maintain departmental daily staffing requirements. If the employee's sick leave has been exhausted, vaca- tion leave, holiday time, compensatory time, or other accrued time off may be used in lieu of sick leave 17 4 The Employer will allow an employee to use the employee's accrued sick leave to care for a child of the employee under the age of eighteen (18) with a health condition that requires treatment or supervision ARTICLE XVIII - COMPENSATORY TIME OFF 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 one (1) average work week's worth of hours may be accumulated (i.e , forty (40)) Use shall be scheduled at the City's discretion with due respect to the wishes of the employees and the City's work requirements. -16 - • • ARTICLE XIX - SPECIAL PROVISIONS 19 1 Holidays With Pay. (a) Day Off If an employee performs no work on a holiday, within ninety (90) days that employee shall have time off equal to the number of hours scheduled most frequently in his regularly scheduled shifts. (b) Day On. If an employee performs work on a holiday, that employee shall receive his/her regular pay plus time and one- half (1.5) pay for all hours worked. The employee shall have the option of receiving comp -time as specified in Article XVIII. (c) No employee shall be paid for a holiday unless such employee is in a pay status both the workday before and the workday after such holiday Exception to the above shall be made for an employee who works a holiday as directed by the City (d) An employee who performs work during a period when the employee is on a scheduled time off shall receive time and one- half (1.5) for all hours worked and shall receive time off as specified in 19.2(a) New Year's Day Martin Luther King Jr Day Washington's Birthday Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day The Day After Thanksgiving Christmas Day One (1) Personal Holiday January 1st Third Monday in January Third Monday In February Last Monday In May July 4th First Monday In September November 11th Fourth Thursday In November December 25th The provisions of City of Yakima Municipal Code 2.40.080(c) and (d) shall not apply to this provision. 19.3 The Union may authorize bargaining unit members to furnish in-house refreshments, provided, that any proceeds from such activity shall be used in-house for the benefit of bargaining unit members or, upon approval of the Union, be donated to a charitable organization(s) The Union shall be responsible for ensuring that refreshment funds are administered consistent with applicable laws -17 - ARTICLE XX - TRAINING TIME Training time required by the Fire Chief or his designee shall be considered as time worked for compensation purposes. Optional training and efforts expended in preparation for promotional exams, etc., shall not be covered by this clause ARTICLE XXI - CLASSIFICATION The long term assignment (longer than six (6) months) of previously uncharacteristic duties (i.e. fire dispatchers dispatching other City of Yakima departments, fire mechanic working on other city vehicles, etc.) to any classi- fication of the bargaining unit must be accompanied by a classification study The Classification study shall be accomplished in a reasonably timely manner ARTICLE XXII - SMOKING ON DUTY The Union and the City recognize that health problems are caused by smok- ing and therefore agree to the elimination of the use of all tobacco products by all members of the Fire Department in this bargaining unit from all areas within fire stations, administrative offices, shops and any other buildings or facilities of the Fire Department Violations of these provisions shall consti- tute a basis for disciplinary action to be handled in accordance with normal disciplinary procedures ARTICLE XXIII - PHYSICAL FITNESS Effective January 1, 1984, employees in the bargaining unit shall be required to have physical examinations to be scheduled by and at the expense of the City Examinations shall be required at ages 40, 45, 50 and bi-annually after age 50 Those members of the bargaining unit will have made available to them a time, which shall not exceed sixty (60) minutes per work shift, to participate in an approved aerobic/physical fitness program. This program shall be as approved by the Fire Department Physical Fitness Committee The scheduled times will be by agreement between the Fire Chief or his designee and a bargaining unit representative appointed by the Union Executive Board At no time shall the scheduled aerobics/physical fitness time cause a hiring situation to happen in order to allow anyone to participate Relief of on -duty personnel shall only happen when work schedules and work loads allow At other times participants shall use the equipment, furnished by the department, in the dispatch center to accomplish the • -18 - • • aerobics/physical fitness times. The participants shall provide all their own personal aerobic/fitness clothing The actual schedule of aerobics/fitness period times, availability of relief and the list of approved activity shall be agreed upon by the Chief or his designee, the Physical Fitness Committee and the Alarm 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. ARTICLE XXIV - CREATION OF NEW CLASSIFICATIONS 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 XXV - DEFERRED COMPENSATION 25 1 Effective 7-1-96, 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 1% of base pay to a deferred compensation account for each member of the bargaining unit. 25.2 Effective 1-1-97, each bargaining unit member shall be paid, in addition to that employee's monthly salary, deferred earned compensation each month m an amount equal to 2% of base pay to a deferred compensation account for each member of the bargaining unit 25.3 Effective 1-1-98, each bargaining unit member shall be paid, in addition to that employee's monthly salary, deferred earned compensation each month in an amount equal to 3% of base pay to a deferred compensation account for each member of the bargaining unit. 25 4 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 2.20110 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 -19 - ARTICLE XXVI - ENTIRE AGREEMENT • 26.1 The Agreement expressed herein in writing constitutes the entire Agreement as negotiated between the parties and no oral statement shall add to or supersede any of its provisions. 26.2 The City and the Union agree to establish a regular monthly meeting for the purpose of discussing matters considered of importance to them respectively and to maintain a channel of communication. It is intended that such communication be used as a tool to prevent problems from developing and to solve problems which have surfaced The City and the Union may voluntarily and mutually agree upon solutions to the aforementioned problems, real or developing, and such agreements shall, when appropriate, be reduced to a memorandum and attached to this Agreement. ARTICLE XXVII - SAVINGS CLAUSE It is understood and agreed that 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 oi� 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 and Medical Leave Act. ARTICLE XXVIII - MUNICIPAL CODE SECTIONS PERTAINING TO FIRE DEPARTMENT PERS EMPLOYEES 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 Group Insurance Plan Adopted City Contributions Bonds For Officers Bonds Required - Amount Salaries Persons Subject to the Plan Policy for Pay Steps Transfer, Promotion, Reclassification, Demotion or Reinstatements of Employees Reduction in Salary Effect on Budget Reimbursement for Expenditures -20 - } 111 2.20.086 Reimbursed Expenditures - Amounts 2.20 088 Uniform Allowance - Special Assignment Pay 2.20100 Classification Plan 2.20110 Compensation Plan 2.22 Fire Department - Working Conditions 2.22.010 Work Week 2.22.020 Calling Off -Duty Firefighters in an Emergency 2.22.030 Compensation 2.22.040 Overtime Pay 2.22.050 Special Assignment Pay 2.22.060 Time -off Privileges - Vacation Leave 2.22.070 Time -off Privileges - Compassionate Leave 2.22.075 Time -off Privileges - Sick Leave 2.22.080 Holidays 2.24 Longevity Plan 2.24 010 Longevity Plan - Eligibility - Restrictions 2.24.015 Longevity Plan - Service Recognition Award 2.24.020 Leave Of Absence for Service in Armed Forces 2.40 Leaves Of Absence 2.40 010 Eligible Employees 2.40 020 Vacation Leave 2 40 030 Sick Leave 2.40 040 Civil Leave 2.40 050 Military Leave 2.40 060 Leave Without Pay 2.40 070 Unauthorized Absence 2.44 Lobbying by City Personnel 2.44.030 Permitted Activities of Representatives 2.44.040 Payment for Services of Representative 2.44 050 Prohibited .Expenditures 2.44.060 Ethical Practices and Conduct ARTICLE XXIX - NO PYRAMIDING Nothing contained in this Agreement shall be interpreted as requiring a duplication or pyramiding of overtime payments involving the same hours of labor except as otherwise specifically provided in this Agreement. ARTICLE XXX - OVERTIME Overtime hours are those hours worked in excess of forty (40) hours in a reg- ularly scheduled seven (7) day work period and all hours outside one's nor- -21 - mally assigned shift. For the purpose of computing overtime all paid leave time shall be considered time worked ARTICLE XXXI - TOOL ALLOWANCE FOR ELECTRONIC TECHNICIANS AND MAINTENANCE MECHANIC The Employer 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 the replacement of broken and/or stolen tools subject to the Employer's approval. ARTICLE XXXII - TERM OF AGREEMENT This Agreement shall be deemed effective from and after the 1st day of January, 1996, except as otherwise indicated, and shall continue in effect until December 31, 1998 This Agreement shall be subject to such periodic changes as may be voluntarily and mutually agreed upon by the parties during the term of this Agreement Executed by the parties hereto this 16th day of July , 1996 LOCAL 469, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO By. B La Morehouse, Chie Negotiator Local 469, I.A.F.F -22 - CITY OF YAKIMA R. A. Zais, r City Manager go 7- CITY CONTRACT NO: (- n RESOLUTION NO: ' ` q ATTEST Byagtite- City Clerk By t o F. Menke Manage of it Attorney City of Yakima BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. i For Meeting Of 7/16/96 ITEM TITLE. Consideration of legislation pertaining to1996 -1998 Collective Bargaining Agreements Between the City of Yakima and IAFF Local 469 (Fire LEOFF and Fire PERS) SUBMITTED BY Al Chronister, Fire Chief John Hanson, Director of Finance and Budget Sheryl M. Smith, Deputy Personnel Officer CONTACT PERSON/TELEPHONE. Al Chroruster, x6060 SUMMARY EXPLANATION The attached resolution authorizes two, three year Agreements with the IAFF, Local 469 for the Fire LEOFF and Fire PERS bargaining units. These contracts represent the result of several months of negotiations and mediation between the parties. Both Fire LEOFF and Fire PERS economic settlements are the same and are inclusive of wages, deferred compensation and dependent unit insurance premium contributions The Fire LEOFF contract also includes housekeeping and other language changes. Both settlement packages are outlined below. Major 1996-1998 Fire LEOFF and Fire PERS Labor Settlement Provisions • Duration. 1/1/96-12/31/98 �'Vages. Effective 1/1/96 - 4 0% Effective 1/1/97 - Base monthly salanes for Firefighters will be increased by 100% of the CPI based on an averaging of the U.S Cities CPI -W and the Seattle CPI -W indices for the penod of 7/ 95-7/ 96, subject to a minimum of 3 0% and a maximum of 6.0% Effective 1/1/98 - Base monthly salanes for Firefighters will be increased by 100% of the CPI based on an averaging of the U.S Cities CPI -W and the Seattle CPI -W indices for the penod of 7/ 96-7/97, subject to a minimum of 3.0% and a maximum of 6.0% • Deferred Comp. Effective 7/1/96 - 1.0% employer paid contribution. Effective 1/1/97 - 2.0% (total) employer paid contribution. Effective 1/1/98 - 3.0% (total) employer paid contribution • Benefits. Eff 1/1/96-12/31/96 Maintain current dependent premium cost sharing formula. Eff 1/1/97-12/31/97 (a) lower Employer monthly base contribution from $119 92 to $100 00 (b) lower Employer percentage split of premium over the Employer monthly base contribution from 65% to 50% (c) increase Employee percentage split of premium over the Employer monthly base contribution from 35% to 50% (d) increase Employee monthly premium cap from $85 00 to $100 Eff 1/1/98-12/31/98 (a) lower Employer monthly base contribution from $100 00 to $80 00 (b) maintain Employer percentage split of premium over the Employer monthly base contribution at 50% (c) maintain Employee percentage split of prerruum over the Employer monthly base contribution at 50% (d) maintain Employee monthly premium cap at $100 and index premium cap by the CPI adjustment for wages. 1111 -Continued- The city's initial calculation estimates for the 1996 settlement cost was estimated at $156,709 or 4.50% for Fire LEOFF and $11,320 or 4.46% for Fire PERS The attached Ordinance amends the Classification and Compensation Plan to reflect the 1996 wa adl astmcnts for Fire LEOFF and Fire PERS personnel. Additionally, an Ordinance amending the 1996 General Fund and Emergency Services Fund to reflect the cost impact of the settlement on Fire Operations for this year is also included The actual Budget amendment is $163,891, slightly less than original cost estimates. The impact of the settlement on the Fire Pension Fund is currently being analyzed and will likely require a budget appropration Resolution X Ordinance X Contract X Other (Specify) Funding Source APPROVED FOR SUBMITTAL Manager STAFF RECOMMENDATION Pass Resolution Authorizing the Execution of the Fire LEOFF and Fire PERS Collective Bargaining Agreements. Adopt Ordinance amending Classification and Compensation Plan. Read Budget Ordinance by title only at July 16, 1996 meeting Adopt Budget Ordinance after second reading at the August 6, 1996 meeting BOARD/COMMISSION RECOMMENDATION COUNCIL ACTION •