HomeMy WebLinkAboutR-1996-090 1996-1998 Collective Bargaining Agreement / IAFF LEOFF and PERS (469)•
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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
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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
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35 PHYSICAL FITNESS .35
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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.
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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
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(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
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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.
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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)
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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.
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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
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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.
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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.
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(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
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(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
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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)
•
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(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%
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(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.
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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
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(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"
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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:
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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)
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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.
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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
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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.
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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)
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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
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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
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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.
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(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
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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)
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(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)
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(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
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•
•
•
•
(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
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(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
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•
•
(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
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•
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
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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
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•
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•
(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
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•
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)
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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
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•
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.
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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
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ATTEST
By p
�J
City Clerk
CITY CONTRACT K
RESOLUTION NO Jiq cf— q O
LOCAL 469, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO
By•
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s
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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)
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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
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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
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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.
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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-
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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
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(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
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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
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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)
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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"
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(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
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$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.
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(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
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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,
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(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
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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.
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(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.
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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
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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 •
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•
•
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
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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
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}
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-
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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
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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
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