HomeMy WebLinkAboutR-2010-134 2010 Collective Bargaining Agreement / IAFF PERS Dispatchers & Communications Supervisors (469)RESOLUTION NO R-2010-134
A RESOLUTION authorizing and directing the City Manager to execute a collective
bargaining agreement for 2010 with the International Association of Fire
Fighters (IAFF) representing PERS Dispatchers and Communications
Supervisors bargaining unit.
WHEREAS, pursuant to requirements of state law, labor negotiations have occurred
between the City and PERS dispatchers and communications supervisors represented by the
IAFF resulting in the attached proposed collective bargaining agreement for 2010, and
WHEREAS, the members have voted in favor of the attached proposed collective
bargaining agreement; and
WHEREAS, the City Council has determined that it is in the best interest of the City of
Yakima to settle collective bargaining in accordance with the terms and conditions of the
attached collective bargaining agreement, now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA.
The City Manager of the City of Yakima is herby authorized and directed to execute the
attached and incorporated Collective Bargaining Agreement between the City of Yakima and
IAFF PERS Dispatchers and Communications Supervisors bargaining unit.
ADOPTED BY THE CITY COUNCIL this 16th day of November 2010
ATTEST
Micah Cawley,ayor
City Clerk
COLLECTIVE BARGAINING AGREEMENT
COVERING PUBLIC SAFETY DISPATCHERS AND COMMUNICATIONS
SUPERVISOR(S)
By and Between
THE CITY OF YAKIMA, WASHINGTON.
and
LOCAL 469,
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS,
AFL-CIO
EFFECTIVE:
January 1, 2010, through December 31, 2010.
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TABLE OF CONTENTS
ARTICLE 1 - UNION RECOGNITION AND BARGAINING UNIT 1
ARTICLE 2 - UNION SECURITY 1
ARTICLE 3 - PAYROLL DEDUCTIONS 2
ARTICLE 4 - MANAGEMENT RIGHTS 2
ARTICLE 5 - EMPLOYEE RIGHTS 3
ARTICLE 6 - PRODUCTIVITY 4
ARTICLE 7 - EQUAL OPPORTUNITY CLAUSE 4
ARTICLE -8 - GRIEVANCE PROCEDURE 5
ARTICLE 9 - RELEASE FROM DUTY 9
ARTICLE 10 - COLLECTIVE BARGAINING COMMITTEES 9
ARTICLE 11 - COLLECTIVE BARGAINING PROCEDURE 10
ARTICLE 12 - PROMOTIONAL STANDARDS 11
ARTICLE 13 - REFRESHMENT FUNDS 12
ARTICLE 14 - WAGES 12
ARTICLE 15 - HEALTH CARE INSURANCE 12
ARTICLE 16 - LIFE INSURANCE 14
ARTICLE 17 - LONGEVITY PAY 14
ARTICLE 18 - SPECIAL PAYS 14
ARTICLE 19 - VACATION LEAVE 17
ARTICLE 20 - HOLIDAYS '19
ARTICLE 21 - SICK LEAVE ACCRUAL/EXCHANGE 20
ARTICLE 22 - SICK LEAVE POOL 23
ARTICLE 23 - BIRTHING LEAVE/MATERNITY LEAVE 25
ARTICLE 24 - LIGHT DUTY 25
ARTICLE 26 - PUBLIC SAFETY DISPATCH OPERATIONS 27
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ARTICLE 27 - HOURS OF WORK AND OVERTIME 29
ARTICLE 28 - TOBACCO USE ON DUTY 30
ARTICLE 29 - DRUG TESTING POLICY 31
ARTICLE 30 - PHYSICAL FITNESS 31
ARTICLE 31 - DEFERRED COMPENSATION 32
ARTICLE 32 - DISCIPLINE AND DISCIPLINARY PROCEDURES 32
ARTICLE 33 - PROPERTY LIABILITY 32
ARTICLE 34 - MUNICIPAL CODE SECTIONS PERTAINING BARGAINING
UNIT MEMBERS 32
ARTICLE 35 -
ARTICLE 36 -
ARTICLE 37 -
ARTICLE 38 -
ARTICLE 39 -
ARTICLE 40 -
APPENDIX A -
APPENDIX B -
ENTIRE AGREEMENT 34
SAVINGS CLAUSE 34
CREATION OF NEW CLASSIFICATIONS 34
CLASSIFICATION STUDIES 35
VEBA MEDICAL SAVINGS ACCOUNT 35
TERM OF THE AGREEMENT 35
Drug Testing Policy 37
Disciplinary Guidelines 50
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PERS Dispatchers & Supervisors
January 1, 2010 - December 31, 2010
COLLECTIVE BARGAINING AGREEMENT
COVERING PUBLIC SAFETY DISPATCHERS AND COMMUNICATIONS
SUPERVISOR(S)_
By and Between
THE CITY OF YAKIMA, WASHINGTON
and
LOCAL 469,
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS,
AFL-CIO
This Agreement, made and entered into this first day of
January 2007, by and between the City of Yakima, Washington,
hereinafter called the City, and local 469, International
Association of Firefighters, AFL-CIO, hereinafter called the
Union.
GENERAL PROVISIONS
ARTICLE 1 - UNION RECOGNITION AND BARGAINING UNIT
1.1 The City hereby recognizes the Union as the exclusive
bargaining representative for Public Safety Dispatchers and
Public Safety Communications Supervisor(s). Excluded from
the bargaining unit are the Chief of Police, Fire Chief,
Public Safety Communications Manager, Public Safety
Assistant Communications Manager, Communication Division
Office Assistant and all other employees of the Police and
Fire Departments.
ARTICLE 2 - UNION SECURITY
2.1 Each employee in this bargaining unit may become or
remain a member of the Union. Employees not desirous of
membership in the Union shall be subject to a representation
service fee equal to the base mandatory dues and
assessments, which shall be a condition of continued
employment. Said membership or fee payment shall become
mandatory upon successful completion of a one (1) year
period of service and in accordance with provisions of the
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PERS Dispatchers & Supervisors
January 1, 2010 - December 31, 2010.
Public Employee Collective Bargaining Act, RCW, 41.56.
Nothing herein shall preclude membership in the Union of any
employee who so requests prior to completion of one (1) year
of service.
ARTICLE 3 - PAYROLL DEDUCTIONS
3.1 The City agrees to deduct uniformly required Union
membership fees, dues and other assessments by the Union
from the pay of those members who authorize the City to do
so. Such authorization shall be in writing and signed by
each person authorizing such deductions and filed with the
City. The Secretary of the Union shall notify the Finance
Director of the City of Yakima of amounts to be deducted
from the pay of each such person. The City shall transmit
such amounts to the official and location designated by the
bargaining unit representatives together with an itemized
statement, on or before the 20th day of each month,
following the month for which deductions are made. The
Union agrees to hold harmless and indemnify the City against
any claims, allegations, or lawsuits against the City
arising from payroll deductions and/or the transmittal of
such deductions for the Union.
3.2 In the event the City receives a written notice, signed
by any person from whose pay such deductions are being made,
that no further deductions are to be made, the City shall
make no such deductions from any pay earned by that person
after receipt by the City of such notice. The City shall
notify the Union of all such notices received by the City,
which notification to the Union shall be given in writing
within seven (7) calendar days after the receipt by the City
of such notice and shall include the name of the person
involved.
ARTICLE 4 - MANAGEMENT RIGHTS
4.1 The Union recognizes the prerogative of the City to
operate and manage its affairs in all respects in accordance
with its responsibilities, lawful powers and legal
authority. City affairs which are not included within
negotiable matters pertaining to wages, hours and working
conditions are inclusive of the following, but not limited
thereto:
(a) The right to establish and institute work rules
and procedures upon reasonable notice to
bargaining unit members. All personnel rules and
policies developed by the Employer, which are
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PERS Dispatchers & Supervisors
January 1, 2010 - December 31, 2010
intended to be applicable to Union members shall
be in written form and posted in the division
manual.
(b) The right to determine reasonable schedules of
work, overtime and all methods and processes by
which said work is to be performed in a manner
most advantageous to the Employer. Changes to
work schedules, which are .intended to be
applicable to Union members shall be in written
form and .posted in the division. manual.
(c) The right to lay off employees for lack of work or
funds or because of the occurrence of conditions
beyond the control of the City or where the
continuation of work would be wasteful and
unproductive in the opinion of City officials.
(d) The right to discipline or discharge employees for
just cause; provided that the City's right to
discipline or discharge initial hires during their
probationary period shall not be limited by this
section. The parties agree to study policies for
administering this section.
(e) The right to assign incidental duties reasonably
connected with but not necessarily enumerated in
job descriptions, shall nevertheless be performed
by employees when requested to do so by the
Employer.
(f) The right to take whatever actions the Employer
deems necessary to carry out services in an
emergency.
ARTICLE 5 - EMPLOYEE RIGHTS
5.1 Except as otherwise provided in this labor contract, the
provisions of this labor agreement, where applicable, shall
not be construed as a waiver of .the Union's right to request
and require bargaining in accordance with the provisions of.
Chapter 41.56, RCW.
5.2 Employees shall be permitted to wear either one (1)
union tie tack or one (1) union pin on department uniforms.
The tie tack or pin shall not exceed 5/8 inch in diameter.
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PERS Dispatchers & Supervisors
January 1, 2010 - December 31, 2010
ARTICLE 6 - PRODUCTIVITY
6.1 The parties mutually recognize the desirability of
improving productivity in order to.provide maximum services
at reduced costs. The Union agrees to actively cooperate
and participate in studies and agrees to, discuss the
implementation of programs to promote efficiency,
productivity and to reduce departmental. costs. The goal of
the parties is to jointly work to reduce overtime.
6.2 A joint committee shall be formed to promote labor
peace, harmony and productivity. The committee shall be
composed of two representatives designated by the Union, two
by the City Council and two designated by management, and
shall meet from time to time as either party may reasonably
request.
6.3 The' City understands the Union's concern regarding the
shortage of manpower and will discuss the impacts of any
potential shortages in personnel and will pursue, with Union
input, adequate resources to apply to needed services in the
event of future annexations and/or mergers.
6.4 Management, at their discretion, may allow a former
employee who left by resignation and in good standing, and
who has been gone for less than twelve (12) months, return
to the classification, which they left, or another
classification in which they qualify.
ARTICLE 7 - EQUAL OPPORTUNITY CLAUSE
7.1 It is the policy of the City of Yakima and the Union
not to discriminate against any employees or applicants for
employment because of race; color; religion; age; sex;
sexual orientation; physical, mental, or emotional handicap;
national origin; political affiliation; Union involvement;
or any other type of protected activity. It is not the
intent of management to lower employment standards or hire
individuals incapable of performing the required tasks of
the job classification. Nothing in this section shall
prohibit the City from establishing bona fide occupational
qualifications.
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PERS Dispatchers & Supervisors
January 1, 2010 - December 31, 2010
ARTICLE 8 - GRIEVANCE PROCEDURE
8.1 Policy. The parties recognize that the most effective
accomplishment of the work of the City requires prompt
consideration and equitable adjustments of employees'
grievances. It is the desire of the parties to adjust
grievances informally whenever possible, and both management
and employees are expected to make every effort•to resolve
problems as. they arise. However, it is recognized that
there may be a grievance which can be resolved only after,a
formal review. Accordingly, the, following procedure is
hereby established in order that grievances of employees
covered by this agreement may be resolved as fairly and
expeditiously as possible.
8.2 Definition. A grievance is a dispute involving the
interpretation, application, or alleged violation of
any provision of this collective bargaining agreement.
(a) A working day shall be any day except Saturday,
Sunday and any city administration staff holiday.
8.3 Process.
(a) To be reviewable under this procedure a grievance
must:
Be commenced within sixty days (60) working days
after the grieving party has been made reasonably
aware of the circumstances giving rise to the
grievance.
(b) Step 1 - Discussion With Public Safety
Communications Supervisor - As soon as possible,
but in no case later than the time period
specified above, an employee shall first discuss
the employee's grievance with the Communications
Supervisor. Said Supervisor shall make an
investigation of the relevant facts and
circumstances of the complaint andprovide a
written decision within seven (7) working days.
(c) Step 2 - Discussion With Public Safety Assistant
Communications Manager - As soon as possible, but.
in no case later than the time period specified
above, an employee shall first discuss the
employee's grievance with the Assistant
Communications Manager. Said Assistant Manager
shall make an investigation of the relevant facts
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PERS Dispatchers & Supervisors
January 1, 2010 - December 31, 2010
and circumstances of the complaint and provide a
written decision within seven (7) working days.
(d) Step 3- Grievance timely filed in writing with
Communications Manager - If the employee and the
Assistant Manager cannot reach agreement regarding
a remedy the employee may, provided the employee
timely files the grievance at this step within
twenty (20) working days of receipt of the
Assistant Manager's written decision, submit the
written grievance to the Communications Manager.
The Communications Manager shall conduct an
investigation and provide a written decision
within twenty (20) working days of receipt of the
grievance.
(e) Step 4 - Grievance Appealed To Chiefs - If the
employee and Communications Manager cannot reach
agreement regarding a remedy, the employee may,
within twenty (20) working days of receipt of the
written decision, submit the grievance to the
Chiefs of the Departments. The Chiefs shall make
a separateinvestigation of the issue(s) and
jointly notify the employee in writing of their
decision, and the reasons therefore, within twenty
(20) working days.
(f) Step 5 - Grievance Appealed To City Manager - If
the grieving party is dissatisfied with the
decision of the Chiefs of the Departments, the
employee may within twenty (20) working days
request a review by the City Manager. The City
Manager shall forward a written decision to the
employee within twenty (20) working days from
receipt of the grievance.
(g) Step 6 - Grievance Appealed To Arbitration -
Except as provided in 8.4 (d) of this Article, a
grievance which is not resolved as set forth may
be appealed to arbitration. Either party may
invoke arbitration upon submission of a written
request for same, which identifies the previously
filed grievance and sets forth the issue(s) which
the moving party seeks to have arbitrated.
The parties shall attempt to mutually agree upon
an arbitrator. In the event the parties are
unable to mutually agree upon an arbitrator,
either party may request a list for eleven (11)
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PERS Dispatchers & Supervisors
January 1, 2010 - December 31, 2010
qualified arbitrators according to the following
procedure; the parties shall attempt to agree as
to whether the Public Employment Relations
Commission, the Federal Mediation and Conciliation
Service, or the American Arbitration Association
will supply the list. If no agreement is reached,
the list shall be requested from the Public
Employment Relations Commission. The parties shall
select an arbitrator from the applicable list by
mutually agreeing to an arbitrator or by
alternately striking names. The parties shall
flip a. coin to decide who starts the striking
process. The final name left on the list shall be
the arbitrator. Subsequent hearing(s) will be
governed by the rules and procedures of PERC. The
arbitrator shall render a decision as promptly as
possible. The arbitrator shall confine
himself/herself to the issues submitted for
arbitration and shall have no authority to
determine any other issues not so submitted to
him/her. The arbitrator shall have jurisdiction
and authority only to interpret, apply or
determine the specific terms of the Agreement and
shall not have jurisdiction to add to, detract
from or alter in any way the provisions of this
Agreement. The decision within the jurisdiction
of the arbitrator shall be final and binding upon
both parties. The cost of the arbitrator shall be
borne equally between the City and the Union. The
City and Union will pay their own remaining costs
of arbitration, including attorney's fees,
regardless of the outcome.
(h) 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) working days, appeal may be
instituted as set forth in 8.3(g), Step 6, above.
(i) If the subject matter of a grievance could u 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
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PERS Dispatchers & Supervisors
January 1, 2010 - December 31, 2010
within 10 working days after the Step 4 answer the
forum in which the matter is to be heard.
Submission of the dispute to arbitration or a
hearing by the Civil Service Commission shall bar
submission in the other forum.
8.4 Special Provisions.
(a) A Union representative and/or aggrieved party
shall be granted time off without loss of pay for
the purpose of processing a grievance as provided
in 8.3(g), Step 6, above.
(b) A grievance may be entertained in or advanced to
any step in the grievance procedure, if the parties
so jointly agree.
(c) The time limits within which action must be taken
or a decision made as specified in this procedure
may be extended by mutual written consent of the
parties involved. A statement of the duration of
such extension of time must be signed by both
parties involved at the step to be extended.
(d) Non -contract disputes only: Wages, hours and
working conditions not specifically covered by the
terms and conditions of this Agreement shall be
subject to the grievance procedure up to, but not
including, arbitration. If the City and the
grievant are unable to reach agreement at the City
Manager level, where the grievance is not subject
to arbitration, a three-person board will be
formed. Management will select one member and the
Union will select one member of the Board. The
two members will select the third member who shall
act as chairperson. All members of this Board
must be citizens or employees of the City of
Yakima. In the event the two members cannot agree
as to the selection of the third member, each
member may submit one name whereby the chairperson
shall be selected by lot. Any expenses for the
services of the third party chairperson shall be
borne equally by the parties. The decision of
this Board shall be binding on the parties in non -
contractual grievances.
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PERS Dispatchers & Supervisors
January 1, 2010 - December 31, 2010
ARTICLE 9 - RELEASE FROM DUTY
9.1 Union Business Leave.. Such officers and members of the
Union as may be designated by the Union normally not to
exceed two (2) in number at any one (1) time, shall be
granted up to a total of one hundred twenty (120) hours of
time off for Union business between the two (2) employees,
provided that a maximum of seventy (70) of these up to one
hundred twenty (120) hours off will be paid at the standard
rate granted for any leave with pay. The City shall be
obliged to release one (1) employee but may allow additional
employees to be released simultaneously based upon
departmental operational requirements. Business leave
includes attending labor conventions and educational
conferences regarding collective bargaining, provided that
notice of such conventions or conferences shall be given at
least one (1) week prior thereto to the Chiefs, and provided
further that the total leave for this bargaining unit for
the purpose set forth in this section shall not exceed one
hundred twenty (120) hours in any calendar year.
Furthermore, partial shifts may be utilized by employees for
departure or return provided Division established minimum
manning levels are maintained after the absence of the
person(s) to be released on Union Business Leave. Officers
and members of the Union designated by the Union may use
Union business leave from any of the bargaining units that
I.A.F.F. Local 469 represents.
ARTICLE 10 - COLLECTIVE BARGAINING COMMITTEES
10.1 Collective bargaining between the parties shall be
carried out by the City Manager or his designees, on behalf
of the City Council, and a committee representing the Union.
No later than August 5 of each year, the Secretary of the
Union and the City Manager shall notify one another
regarding the names of persons constituting their respective
bargaining committees. If a communication is forwarded
previous to that date, a response will be made within ten
(10) working days.
10.2 Members- of the Union .negotiating committee, not
exceeding three (3) in number, shall be granted leave from
duty without loss of pay for all meetings between the City
and the Union for the purpose of negotiating the terms of a
contract during the pre -impasse period as provided in RCW
41.56, as amended, when such meetings take place at a time
during which any such members are scheduled to be on duty.
10.3 Members of the Union negotiating committee, not to
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PERS Dispatchers & Supervisors
January 1, 2010 - December 31, 2010
exceed three (3) in number, shall be granted leave in the
post -impasse period without loss of pay, except that when
such leave reduces the manpower level below that established
as the minimum manpower requirement of the Division, such
leave shall be without pay.
ARTICLE 11 - COLLECTIVE BARGAINING PROCEDURE
11.1 General. All negotiable matters pertaining to wages,
hours and working conditions shall be established through
the negotiation procedure as provided by RCW 41.56. No
ordinances existing at the time of execution of this
Agreement relating to wage, hours and working conditions for
members of the bargaining unit shall be amended or repealed
during the term of this Agreement without written
concurrence of both parties.
11.2 Each year, as appropriate, the Union shall submit to
the City Manager and the City Manager may submit to the
Union a written proposal for any changes in matters
pertaining to wages, hours and working conditions desired by
the Union or the City for the subsequent year. These
written proposals shall be submitted in accordance with the
requirements of RCW 41.56, as amended by S.B. 2852 (1979).
The Union and the City shall follow the collective
bargaining procedure set forth in the said statute. All
agreements reached shall be reduced to writing, which shall
be signed, by the City Manager and the Union's
representatives. In negotiations for a successor collective
bargaining agreement pertaining to bargaining unit members
the parties agree to follow the impasse resolution
procedures for uniformed personnel (RCW, 41.56.430, et seq.)
11.3 In the event that the Employer declines to include the
provisions of section 11.2 above pertaining to impasse
resolution procedures for uniformed personnel (RCW,
41.56.430, et seq.) in a collective bargaining agreement
covering employees who were formerly Fire Dispatchers
(Ringer, Ochs, Moritz, and Kennard) at the time the Employer
decided (9/5/95) to implement Consolidated Dispatch
operations, then the Employer shall forthwith restore those
employees who were employed at the time of the Employer's
decision (9/5/95) to implement Consolidated Dispatch
operations to the Fire Department to dispatch exclusively
fire and emergency medical responses and include them, with
all current wages and benefits, in the firefighters
bargaining unit. This proviso is not applicable to any
Public Safety Dispatcher and/or Public Safety Comminications
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PERS Dispatchers & Supervisors
January 1, 2010 - December 31, 2010
Supervisor who was a new hire as a Public Safety Dispatcher
or who filled a vacancy created by the departure of a Fire
Dispatcher and/or Alarm Supervisor who was appointed on or
after 9/5/95. The classifications of Fire Dispatcher and
Alarm Supervisor shall remain unfilled and un -funded in Fire
Civil Service and shall be inclusive in the Firefighters
Bargaining Unit.
ARTICLE 12 - PROMOTIONAL STANDARDS
12.1 Promotions shall be determined in accordance with the
rules andregulations governing the Yakima Fire Civil
Service Commission. All promotions within the bargaining
unit shall be made solely on merit, efficiency and fitness
ascertained by open competitive examination among bargaining
unit personnel. Examinations shall fairly, objectively and
comprehensively test for qualifications for the position.
Those employees who test for the position of Public Safety
Dispatcher as a promotional from the 9-1-1 Calltakers
classification shall receive five (5) preference points
added to their raw score from the testing process.
12.2 Vacancies in Public Safety Dispatcher positions will be
filled in accordance with Yakima Fire Civil Service
Commission rules and regulations. New Public Safety
Dispatchers will be required to pass; or in the case of
promotion from 9-1-1 Call -taker, to have passed a polygraph,
a background check, a psychological evaluation, physical
examination, in addition to any and all other prerequisites
to qualifying and being eligible for a Public Safety
Dispatcher position.
12.3 Former City of Yakima Fire Dispatchers and Police
Dispatchers who are appointed to the new classification of
Public Safety Dispatcher will be required to pass a
background evaluation but will not be required to undergo a
psychological evaluation, polygraph or physical examination
based on their current employment status.
12.4 Employees who were formerly City of Yakima Fire
Dispatchers or Police Dispatchers and who were appointed to
the new classification of Public Safety Dispatcher and who
are promoted, will have the same exclusion applied to that
promotion as set forth in Section 12.3.
12.5 Any time during the probationary period in the Public
Safety Dispatcher classification a promoted employee may
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PERS Dispatchers & Supervisors
January 1, 2010 - December 31, 2010
either voluntarily (with the approval of management) or by
direction of management return to the position of 9-1-1
Calltaker with no loss of seniority as long as the action
was not the result of disciplinary action.
12.6 Promotional registers. for Public Safety Dispatcher
shall be valid for one (1) year. A new examination shall be
conducted at least one (1) month prior to the expiration of
the current register and become effective upon expiration of
the current register. Eligibility requirements must be met
by the first day of testing
ARTICLE 13 - REFRESHMENT FUNDS
13.1 The Union may authorize bargaining unit members to
furnish in-house refreshments; provided that any proceeds
from such activities shall be used in-house for the benefit
of bargaining unit members or, upon approval by the Union,
donated to charitable organizations. The Union shall be
responsible for insuring that the refreshment funds are
administered consistent with applicable law.
ARTICLE 14 - WAGES
14.1 Effective 12-31-2009 the base salary of the bargaining
unit will not be increased.
ARTICLE 15 - HEALTH CARE INSURANCE
15.1 Medical, Vision and Dental Care Coverage -
(a) Effective April 1, 1994 covered bargaining unit
employees, retirees and their dependents shall
participate in the "City of Yakima Employees'
Health & Welfare Benefit Plans". Eligibility
rules, types and of levels of benefits, payment of
premiums through a cafeteria plan, co -payment,
coinsurance and deductibility requirements and all
other terms and conditions for the provision of
these health benefits shall be governed by the
"City of Yakima Employees' Welfare Benefit
Program".
15.2 Health and Dental Care Premium Contributions
(a) Employee Health Care Premium Contribution:
Bargaining unit member employee only health care
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PERS Dispatchers & Supervisors
January 1, 2010 - December 31, 2010
coverage shall be paid for by the City and shall
be at no cost to the employee.
(b) Dependent Health Care Premium Contributions:
The City and the employee shall share dependent
medical program premiums on a 50o by the employer
and 50o by the employee basis, with a maximum
employee contribution of $154 per month.
(c) Dental Care Premium Contributions: The City
shall pay the premium for bargaining unit member
employee and dependent dental care coverage.
(d) Employee contributions under this Article will
be accomplished through normal payroll deductions.
15.3 Retiree Coverage - The City of Yakima Employees' Health
and Welfare Benefit Plan shall provide retirees and
dependents of retirees the right to remain in the group plan
as follows:
(a) Retirees covered at the time of execution of this
agreement and future retirees may elect to remain
in the group medical plan until they reach age 65,
but they must pay the required premium for such
group medical plan.
(b) Spouses of retirees may remain in the group
medical plan until they reach age 65 or in the
case of spouses of deceased retirees, until they
reach age 65 or remarry, whichever occurs first.
(c) Other dependents of retirees may remain in the
group health care plan as long as they remain
eligible under the provisions of the plan or when
coverage for the retiree and spouse, or, the
spouse of deceased retiree terminates, at which
time such dependent insurance coverage would cease
regardless of the age of the dependents.
(d) Retirees, or spouses of deceased retirees, shall
pay the premium and other shared dependent
coverage costs (including dependents if enrolled)
which shall be based on the same formula as active
employees and dependents within the bargaining
unit. Premiums shall be paid by deduction from
retirement checks paid to retired employees or
their beneficiary.
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PERS Dispatchers & Supervisors
January 1, 2010 - December 31, 2010
ARTICLE 16 -.LIFE INSURANCE
16.1 The City will provide, without cost to the employee.,
$20,000 in face amount of life insurance.
ARTICLE 17 - LONGEVITY PAY
17.1 The City will pay longevity pay upon satisfactory
completion of the following service and at the designated
rate:
Service In Years Percent Of Base Pay
4 1.5
9 3
14 4.5
19 6
24 8
29 10
Service in years shall be defined as in Article 19, Vacation
Leave, of this Agreement.
ARTICLE 18 - SPECIAL PAYS
18.1 Acting Pay. The City will pay acting assignment pay of
at least 5% above the normal base pay or the pay rate of the
D -Step of the next higher pay grade, whichever is greater,
for an individual for such period of continuous service,
provided the individual serves a minimum of one-half (1/2)
shift as Public Safety Communications Supervisor, Public
Safety Assistant Communications Manager or higher
classification, having been so assigned by the
Administration and provided further that the individual
exercises the responsibility, including operation and
administrative duties as they apply.
18.2 Eligibility for Acting Assignments. In order for an
employee to be eligible for assignment to an acting
position, that employee must be eligible for promotion to
the position in accordance with the promotional standards as
set forth in the Fire Civil Service rules and regulations.
That employee must be willing to test for the full time
position and must be trained to a satisfactory level to
perform the duties of the higher classification. Such time
spent in training shall be at the employee's normal rate of
pay
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PERS Dispatchers & Supervisors
January 1, 2010 - December 31, 2010
18.3 Acting Assignments. Acting assignments shall be made
under the following provisions.
(a) Long-term assignments shall be made in cases
where the higher classification is to be absent
for more than forty (40) consecutive hours.
Assignments shall be made the first day of the
vacancy and shall continue uninterrupted until
the last day of the vacancy.
(b) Short-term assignments shall be made in cases
where the higher classification is .absent for
less than forty (40) consecutive hours. Short-
term assignments shall be made the first full
shift of the vacancy and shall be subject to the
following provisions.
(i) Acting Communications Supervisor
assignment not required when Assistant
Communications Manager or Communications
Manager is present. Assistant
Communications Manager shall assume the
supervisory duties of Communications
Supervisor.
(ii) Acting Assistant Communications Manager
assignment not required when
Communications Manager is present.
Communications Manager shall assume the
duties of Assistant Communication Manager
for short term vacancies.
(c) Acting Out of Grade. Occasionally, depending on
shift strength at the time of a Calltaker
vacancy, a Dispatcher or Supervisor may be
assigned to act out of grade as a Calltaker.
Such assignments are at the employee's normal
rate of pay and subject to the following
provision.
(i) Acting out of grade opportunities shall
normally occur when able to do so with the
existing shift strength at the time of the
vacancy. In the event that personnel
vacancies create hiring situations, hiring
shall be for the classification creating
the original vacancy in accordance with
Article 27.6 of this agreement.
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PERS Dispatchers & Supervisors
January 1, 2010 - December 31, 2010
(d) General Provisions
(i) Generally the acting Supervisor
assignments shall be offered first to the
most senior Dispatcher on the shift of the
Supervisor that caused the vacancy.
Acting Assistant Communications Manager
long-term assignments shall be offered
first to the Supervisor with the most
seniority in grade.
(ii) In assigning actors, the availability of
the employee over the duration of the
assignment shall also be a criterion.
(iii) "Full Shift" shall generally refer to the
shifts most commonly worked. In the case
of the Supervisor,. twelve (12) hours
except on the "short days" when the shift
shall be eight (8) hours. In the case of
the Assistant Communications Manager a
full shift shall most commonly be eight
(8) hours.
18.4 Call Back.
(a) An employee who is called back to duty after his
scheduled shift has terminated, but before the
scheduled start of his next shift, shall be paid
for all hours worked, but not less than two (2)
hours of overtime at the applicable overtime rate.
(b) The call back bonus will not be available for a
"hold over" defined as an extension of a regular
or reassigned shift due to manning requirements or
an emergency circumstance. However, overtime at
the applicable overtime rate shall be paid for
work performed.
18.5 Mileage. The City shall pay each employee for his/her
use, at the request of the City, of his/her personal auto,
not less than the IRS rate per mile actually driven, or the
actual cost of applicable public transportation. In the
event that the City increases mileage allowance paid by the
City for the use of personal autos on City business for any
other City department or employee, such increased allowance
shall become the new rate thereunder.
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PERS Dispatchers & Supervisors
January 1, 2010 - December 31, 2010
18.6 Uniform Maintenance. Bargaining unit members shall be
paid sixty dollars ($60.00) annually, payable in February.
The City shall have the right to contract for uniform
maintenance services as it deems appropriate after which
time no further uniform maintenance allowances shall be
payable.
18.7 Trainers. From time to time employees shall be
designated as trainers to assist in the training of new
employees. Management will select trainers based on
interest, skill level and ability to train. Management will
attempt to provide selected employees with instructor
training. and certifications as available. Employees
selected as trainers shall be paid a special pay of $63.00
per month when activelytraining, provided they are so
engaged at least 75 percent of the hours in the month.
18.8 MSAG/Geofile Technician. The employer will pay $42.00
per month to the employee(s) assigned the duties of
maintaining the Master Street Addressing Guide (MSAG) or the
Geographical File (Geofile).
at the discretion of the
if assigned to more than one
pay shall be divided equally
Computer Aided Dispatching
This assignment, shall be
Communications Manager and
employee the total special
among those assigned.
ARTICLE 19 - VACATION LEAVE
19.1 Each bargaining unit member shall earn vacation leave
for years of service at the following rates:
(a) Employees with one (1) full year of service shall
earn eighty (80) hours, forty (40) hours of which
may be taken after six (6) months service;
(b) Employees with two (2) full years of service shall
earn ninety six 96) hours;
(c) Employees with five (5) full years of service
shall earn one hundred twenty (120) hours;
(d) Employees with ten (10) full years of service
shall earn one hundred fifty two (152) hours;
(e) Employees with fifteen (15) full years of service
shall earn one hundred seventy six (176) hours;
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PERS Dispatchers & Supervisors
January 1, 2010 - December 31, 2010
(f) Employees with more than twenty (20) full years of
service shall earn one hundred ninety two (192)
hours.
19.2 Bargaining unit members may accumulate vacation leave
time in an amount equal to the vacation time the employee
earns during two (2) years of service, according to the
accrual rate(s) specified above.
19.3 Service in years for bargaining unit members is defined
as the most recent period of employment unbroken by
voluntary termination, voluntary retirement, voluntary
leaves of absence in excess of thirty (30) days or
termination for cause. Such service shall not be considered
broken by period of disability retirement, or leave without
pay in excess of thirty (30) days for medical reasons, if
approved by the Fire Civil Service Commission during which
times no service credit shall accrue. Layoff shall not be
considered a break in service providing that failure to
accept the first offer of re-employment for any reason shall
constitute a break in service. (No service credit shall
accrue during periods of layoff.)
19.4 For bargaining unit members any vacation accumulated
over the stated limit shall be paid at 100% of base wage as
of December 31 of each year; provided, however, at least 750
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.
19.5 Annual Vacation Requests. Annual vacation requests
for the following year shall normally be made in December of
the current year. The requests shall be for a singular time
period normally not to exceed 120 working hours. Requests
will be submitted and considered in order based on the
employee's service in years with the Yakima Public Safety
Communications Center and with regard for staffing and
overtime. Time spent in the classifications of Fire and
Police Dispatchers for the City of Yakima, prior to
consolidation, shall count toward this service in years.
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PERS Dispatchers & Supervisors
January 1, 2010 - December 31, 2010
20.1
ARTICLE 20 -. HOLIDAYS
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 25 - Compensatory Time Off.
20.2 No employee shall be paid for a .holiday unless such
employee is in a pay status both the workday before and the
workday after such holiday. Exception. to. the. above shall be
made for an employee who works a holiday as directed by the
City.
20.3 An employee who performs work during a period when the
employee is on a scheduled time off shall receive time and
one-half (1.5) for all hours worked and shall receive time
off as specified in 20.1(a).
20.4 Bargaining unit members shall observe holidays as
follows:
New Year's Day
Martin Luther King Jr. Day
Washington's Birthday
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
The Day After Thanksgiving
Christmas Day
One (1) Personal Holiday
January 1st
3rd Monday in Jan.
3rd Monday In Feb.
Last Monday In May
July 4th
1st Monday In Sept.
November llth
4th Thursday In Nov.
December 25th
equal to one (1)
full shift)
The provisions of'City of Yakima Municipal Code 2.40.080(c)
and (d) shall not apply to this provision.'
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PERS. Dispatchers & Supervisors
January 1, 2010 - December 31, 2010
ARTICLE 21 - SICK LEAVE ACCRUAL/EXCHANGE
21.1 Effective 11-1-2010 bargaining unit members whose
normally assigned shift is twelve (12) hours, shall accrue
twelve (12) hours of sick leave per month, ten (10) hour
shifts will accrue ten (10) hours of sick leave per month
and eight (8) hour shifts will accrue eight (8) hours of
sick leave per month.
On the first day of employment each newly hired permanent
employee of the Communications Division shall receive twelve
sick leave days equivalent to the number of hours of their
regularly assigned shift, subject to following restrictions:
Eight (8) hour regularly assigned shift = 96 hours
Ten (10) hour regularly assigned shift = 120 hours
Twelve (12) hour regularly assigned shift = 144 hours
(i) For permanent part-time employees, sick leave shall be
prorated to the percentage of a full-time position
budgeted for that person.
(ii) No additional sick leave will be accrued during the
employee's first year of employment.
(iii)Should the employee either voluntarily or involuntarily
terminate employment during the first year and used
sick leave hours equivalent to more than the number of
months employed, the excess hours shall be deducted
from the employee's accrued paid leave balance (i.e.
vacation, compensatory, etc.)
21.2 Sick Leave Exchange or Cashout. Bargaining unit
members may exchange accrued sick leave for pay or for
additional leave time as appropriate, in accordance with the
options provided the employee, subject to the following
provisions:
(a) No cashout of accrued sick leave will be granted
for those employees with three hundred sixty (360)
hours or less of accrued sick leave except in the
event of death in the line of duty.
(b) Cashout of accrued sick leave will be granted to
employees who have accrued in excess of three
hundred sixty (360) hours subject to the following
provisions:
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PERS Dispatchers & Supervisors
January 1, 2010 - December 31, 2010
(i) Upon retirement or death, the, employee's
accrued sick leave up to a maximum of seven
hundred twenty (720) hours will be cashed out
at the rate of one hundred percent (100%) of
the employee's current base pay.
(ii) Upon termination under honorable conditions,
as distinguished from death or retirement,
the employee's accrued sick leave up to a
maximum of seven hundred twenty (720) hours
will be cashed out at the rate of fifty
percent (50%) of the employee's current base
pay.
(iii)In the event of death in the line of duty,
all sick leave will be exchanged for pay at
the rate of 100% of the employee's current
base pay.
(iv) In no case. shall the cash out payment exceed
Sixteen Thousand Dollars ($16,000.00);
provided, however, this cash out limit shall
not apply with regard to'a Death in the Line
of Duty.
(c) Sick Leave Exchange. Employees who have accrued
more than seven hundred twenty (720) hours may
exchange such sick leave for bonus (additional)
leave at the rate of twenty-four (24) hours of
sick leave for each eight (8) hours of vacation,
not to exceed a total of forty (40) hours added
leave time annually, utilization of which would be
subject to the scheduling and approval by the
department head.
(d)Sick Leave Exchange Procedure. Any regular
employee may exchange accrued sick leave as
provided in subsection (c) above at the option of
the employee, subject to the following conditions
and provisions:
(i) A request for such an exchange shall be made
to the Director of Finance and Budget. All
requests shall be in writing and shall be
signed by the employee making the request.
(ii) Requests will be accepted only during the
first five (5) working days of each month with
exchanged leave to be available within fifteen
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PERS Dispatchers & Supervisors
January 1, 2010 - December 31, 2010
(15) calendar days of the date the request is
received by the office of the Director.Finance
and Budget. Exceptions to the above will be
made for termination, layoff or disability
retirement.
(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 responsibility of the employee.
(e) In December of each year, any accruals beyond the
1040 hour limitation will be automatically
exchanged based upon the formula of eight (8)
hours pay for each thirty-two (32) hours accrued
or a percentage thereof for smaller accruals.
Such pay will appear on the employee's final
paycheck for the year.
21.3 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.
21.4 •Employees who become ill or injured while on approved
earned leave (vacation, holiday, or comp time) may utilize
sick leave for the period of illness or injury; provided the
employee immediately upon becoming incapacitated notifies
the division supervisor and presents to management upon
returning to work, a certificate from a health care
provider, stating the nature and duration of the incapacity.
21.5 Compassionate Leave. Compassionate Leave is an
authorized use of sick leave for the death of a member of
the employee's or employee spouse's immediate family.
Immediate family is defined as any husband, wife, parent,
grandparent, child, grandchild, brother or sister. Such
leave time shall normally be limited to three (3) working
days.
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PERS Dispatchers & Supervisors
January 1, 2010 - December 31, 2010
ARTICLE 22 - SICK LEAVE POOL
22.1 The City Manager or his/her designee, in his/her
discretion, may grant, with the agreement of the Local 469
Executive Board, to a regular full-time employee who is a
member of Local 469 or, with the unanimous agreement of the
Union Executive Board to a City employee, shared leave from
the leave pool provided the following conditions are met:
(a) The employee suffers from a catastrophic non -duty
related illness or injury.
(b) The employee has depleted or will shortly deplete
his/her total available paid leave. Paid leave is
defined as vacation leave, sick .leave, accrued
compensatory time, holiday time, and personal
holiday. Shared leave shall mean paid leave
transferred to an employee pursuant to this
section.
(c) Where applicable, the employee has diligently
pursued and is found to be ineligible for
Washington State Industrial Insurance benefits.
(d) The employee is not eligible for other disability
benefits that meet or exceed the limits set forth
in this program pursuant to local law, state law,
federal law, insurance, and/or any agreement.
(e) In requesting, the employee must have been a
donating shared leave pool member.
22.2 An employee may donate his/her accrued paid leave hours
by submitting a time card specifying the type and amount of
hours to be donated to the 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 timekeeper
no later than the fifth (5th) day of each month.
22.3 Paid leave shall be transferred on a dollar -value
basis. The value of shared leave shall be the dollar value
of the paid leave at the time it is recorded as available
for use as shared leave. Once shared leave has been
transferred to an employee, it shall be transformed into
sick leave and so credited to the employee's sick leave
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PERS Dispatchers & Supervisors
January 1, 2010 - December 31, 2010
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.
22.4 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.
22.5 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.
(b) Any history of excessive or abusive use of sick
leave by the requesting employee.
(c) The amount of shared leave available in the leave
pool.
22.6 The Union Executive Board shall make every reasonable
effortto determine that an employee is granted shared leave
only for catastrophic non -duty related illness or injury and
the limitations set forth in this policy. Use of shared
leave contrary to this Agreement shall result in
cancellation of shared leave, the balance of which will be
returned/transferred to the leave ,pool. The Local 469
Executive Board shall so notify the involved employee and
the Director of Finance and Budget.
-24-
PERS Dispatchers & Supervisors
January 1, 2010 - December 31, 2010
22.7 Hours.awarded from the leave pool shall be on a first-
come first-served basis of qualified employees. The maximum
withdrawal from the pool shall be limited to the amount
required to maintain the requester's employee status for six
months from the date of approval, per approval request.
22.8 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 Union Executive
Board and the City shall notify each requesting employee of
the final decision on award of hours from the leave pool.
22.9 The Personnel Officer shall be responsible for
monitoring shared leave and shall also be responsible for
initiating the proper paperwork to the Payroll Office to
adjust the accrued leave balances to the recipient from the
leave pool. Records of all transactions from the leave pool
to the recipient will be maintained by the Payroll Office
with a copy of each transaction also maintained in the Human
Resources Office. Recipients shall also have a record. of
his/her hours received from the leave pool placed in their
City and Department personnel file.
ARTICLE 23 - BIRTHING LEAVE/MATERNITY LEAVE
23.1 Pregnancy and maternity/paternity leave will be treated
in accordance with state and federal law.
ARTICLE 24 - LIGHT DUTY
24.1 Off-duty extended injury or illness.
Bargaining unit members who are off-duty due to an extended
injury or illness and'cannot perform their regular duties
may request in writing to the Communications Manager an
assignment to light duty. Any light duty assignment will be
contingent on the Department's needs and the employee's
ability to perform assigned duties within the scope that
would be allowed based on a physician's recommendation. All
light duty assignments will be for no more than (30) days at
which time it will be reviewed by the Communications Manager
to determine if any extension of the assignment is
warranted. Light duty assignments will not include fire
suppression, EMS response, dispatching duties, or delay the
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PERS Dispatchers & Supervisors
January 1, 2010 - December 31, 2010
appointment or filling of a Civil Service position due to
work being performed by the employee on light duty. Any
employee on light duty will maintain all the rights and
benefits of this contract and earn job and position
seniority as if on full duty.
24.2 On -duty extended injury or illness. Bargaining unit
members who are injured or incur illness on duty may be
required at the discretion of the department to be placed on
light duty. Any light duty assignment will be contingent on
the Department's needs and the employee's ability to perform
assigned duties within the scope that would be allowed based
on a physician's recommendation. All light duty assignments
will be for no more than (30) days at which time it will be
reviewed by the Communications Manager to determine if any
extension of the assignment is warranted. Light duty
assignments will not include fire suppression, EMS response,
dispatching duties, or delay the appointment or filling of a
Civil Service position due to work being performed by the
employee on light duty. Any employee on light duty will
maintain all the rights and benefits of this contract and
earn job and position seniority as if on full duty.
ARTICLE 25 - COMPENSATORY TIME OFF
25.1 All bargaining unit employees shall have the option of
receiving payment or credited time off at the rate of one
and one-half (1.5) actual overtime hours worked in
accordance with Municipal Code Section 2.22.040.
Compensatory time shall be separately accounted for and will
have to be cleared by use or pay by December 31, annually.
Up to forty (40) hours of compensatory time may be
accumulated. Use shall be scheduled at the City's discretion
with due regard to the wishes of the employees and the
City's work requirements.
25.2 Court Appearance Leave - In the event members of the
bargaining unit receive a subpoena to appear in court to
provide testimony in an official capacity, such required
absence from scheduled duty shall be considered time worked
for pay purposes. When said employees are required to
appear in court in an official capacity in their off duty
hours, they shall be paid at the applicable rate for such
time. Verification of court attendance shall be on a form
prescribed by the Administration and shall include a
statement of hours signed by the relevant court clerk.
-26-
PERS Dispatchers & Supervisors
January 1, 2010 - December 31, 2010
25.3 An' off duty employee who is required by" the
Administration to testify before the Civil Service Board on
matters pertaining to his assigned, duties shall be
compensated for actual time in attendance in accordance with
25.2 of this Article. Verification of attendance shall be
on a form prescribed by Administration and shall include a
statement of hours of attendance signed by Administration,
25.4 Training Time - For bargaining unit members, training
time required by the Administration shall be considered as
time worked for compensation purposes. Optional training
and efforts expended in preparation for promotional exams,
etc., shall not be covered by this clause.
ARTICLE 26 - PUBLIC SAFETY DISPATCH OPERATIONS
26.1 Cross -Training. The first Public Safety Dispatchers
will be individuals who were formerly Fire Dispatchers and
Police Dispatchers who successfully pass items set forth in
section 12.3. Cross -training of these individuals will
begin as soon as administratively possible. Only these
particular individuals who were employed on the day the
Employer made the decision to implement Consolidated
Dispatch operations will have the opportunity to have their
primary responsibility continue to be their particular
emphasis but they will be obliged to expeditiously be
crossed -trained so that they can competently handle all
Public Safety Dispatch responsibilities inclusive of police,
fire, emergency medical and other dispatch responsibilities.
The existing personnel affected by this section are:
Ray Ochs
Carol Schnellman
Jim Kennard
Frances Moritz
Katy C. Ybarra
26.2 New Public Safety Dispatchers and Supervisors. All
vacancies for Public Safety Dispatchers and Supervisors
shall be filled according to the Public Safety Dispatcher
and Supervisor class specification.
26.3 Public Safety Dispatch Personnel
(a) Use of Qualified Employees. Persons assigned to work
independently as Public Safety Dispatchers in the
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PERS Dispatchers & Supervisors
January 1, 2010 - December 31, 2010
Communications Center shall be Public Safety Dispatch
personnel who have passed the required Public Safety
Dispatcher Civil Service exams and/or hold the rank of
Public Safety Dispatcher or Public Safety Supervisor.
This will include those individuals identified in
Article 26.1 as having held the rank of Fire Dispatcher
or Police Dispatcher at the time the employer decided to
implement Consolidated Dispatch operations (9/5/95).
(b) Use of Other Employees in a Workload Related
Emergency. In the event of emergency circumstances
which require additional Public Safety Dispatchers,
other Fire and Police personnel may be utilized provided
that they are accompanied by at least two (2) Public
Safety Dispatchers at all times. This condition shall
exist only until such time as Public Safety
Dispatcher(s) can respond to the emergency.
(c) Use of Other Employees in a Personnel Shortage
Related Emergency. In the event that a Public Safety
Dispatcher is incapacitated due to illness or injury
and/or is unable to serve or complete his/her duty shift
for any reason, and whereas another on -duty Public
Safety Dispatcher is not readily available, other Fire
and Police personnel may be utilized provided that
another Public Safety Dispatcher or Supervisor is
contacted as soon as possible for replacement. This
condition shall exist only until such time as another
Public Safety Dispatcher or Supervisor can respond.
(d) Work Outside the Bargaining Unit. In the event
that classifications outside of this Bargaining Unit,
but in the Communications Center, require emergency
assistance, assistance shall be provided to those
classifications by Bargaining Unit members under the
same limitations as set forth in this article, Section
26.3 (b) (c).
(e) Filling of Vacant Positions. If Communications
Center position(s) are declared vacant, the employer
shall make a good faith effort to conduct examinations
for the vacancy within 120 days unless the position(s)
are abolished by the City Council or frozen by the
Appointing Authority. The time limits for examining and
filling a position, if said position is not abolished by
the City Council or frozen by the Appointing Authority
may be extended by mutual agreement of the parties.
Subject to the provisions of this section, vacancies for
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PERS Dispatchers & Supervisors
January 1, 2010 - December 31, 2010
Public Safety Dispatcher and Supervisor shall be filled
according to Section 12.2 of this agreement.
26.4 Work schedules are those hours normally assigned.
Work schedule assignments shall normally be made prior to
the start of the calendar year.
26.5 Workschedule assignments shall normally be by
seniority within the classification. Beginning with the
most senior employees, they will indicate which current work
schedule assignment they prefer. Remaining schedule slots
shall be filled by assignment of employees with the least
seniority, excluding probationary employees. Management
mandated assignments or re -assignments may become necessary
as dictated by training, staffing and special project
concerns. Special project concern reassignments shall be
for the duration of the special project.
ARTICLE 27 - HOURS OF WORK AND OVERTIME
27.1 The Employer has the right to schedule bargaining unit
members to work eight (8) hour, ten (10') hour or twelve (12)
hour work shifts within a twenty-four (24) hour period. The
Employer has the right to schedule certain employees to work
eight (8) hour, ten (10) hour or twelve (12) hour work
shifts. Work schedules designed by the Employer will be
consistent with the provisions of FLSA.
27.2 Overtime. For Bargaining Unit members, overtime hours
are those hours worked in excess of forty (40) hours in a
regularly scheduled seven (7) day work period and all hours
outside one's normally assigned shift. For the purposes of
computing overtime all paid leave time shall be considered
time worked.
27.3 No Pyramiding. Nothing contained in this collective
bargaining agreement shall be interpreted or enforced in
such a manner as to result in the duplication, pyramiding or
multiple payment (whether by fractions or otherwise) of
compensation for such items as overtime involving the same
hours of labor.
27.4 Meals and Break Periods Members of this Bargaining
Unit will be granted meal period(s) of forty (40) minutes
during their shift. On an eight (8) hour shift this will be
a single meal period as close to mid shift as possible and
on a twelve (12) hour shift there shall be two (2) meal
periods, as close as possible to four (4) hours and again at
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PERS Dispatchers & Supervisors
January 1, 2010 - December 31, 2010
eight (8) hours into their shift. A rest period of fifteen
(15) minutes shall be allowed for each four (4) hours of
working time. Rest periods shall be provided as near as
possible to the midpoint of each four (4) hour work period.
Meal and break periods will be provided as long as qualified
personnel are available for relief and the workload existing
at the time is such that the remaining personnel can provide
dispatching services at no degradation to the public.
Personnel on meal or break periods shall be in the immediate.
vicinity of the communications center (on the Law and
Justice Building grounds) and available for immediate call
back to duty. On occasion, but not regularly, at the
discretion of the Public Safety Supervisor or Division
Management, personnel may leave for a very short period of
time during the meal period. The time off site should not
exceed fifteen (15) minutes and shall count as part of the
meal period.
27.5 Employees whose schedules are changed shall have at
least seven (7) calendar days prior notice. Notice shall be
made during the employees scheduled working hours. E-mail,
employee mail, updated master schedule, or personal contact
shall constitute notice. The day notification is given
shall count as a day of notice (example; an employee whose
schedule is to be changed on Monday must be notified no
later than the preceding Monday). Employees whose schedules
are changed without seven (7) calendar days notice shall be
paid overtime for those newly assigned hours. In such
reassignment overtime situations the employee may be
required to work their regularly scheduled hours, as well;
provided they can without assignment of excessive continuous
hours.
27.6 Overtime hiring shall normally be offered to an off-
duty employee in the same classification as that which
creates the vacancy; provided the employee can be contacted
in a timely manner and does not result in any additional
vacancies or overtime.
ARTICLE 28 - TOBACCO USE ON DUTY
28.1 The Union and the City recognize that health problems
are caused by smoking and therefore agree to the elimination
of the use of all tobacco products by everyone involved with
the Public Safety Dispatching facilities in all
administrative offices, buildings or facilities. Violations
of these provisions shall constitute a basis for
disciplinary action to be handled in accordance with normal
disciplinary procedures.
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PERS Dispatchers & Supervisors
January 1, 2010 - December 31, 2010
ARTICLE 29 - DRUG TESTING POLICY
29.1 See Appendix A
ARTICLE 30 - PHYSICAL FITNESS
30.1 Bargaining unit members will have made available to
them a time, which shall not exceed sixty (60) minutes per
work shift, to participate in an approved aerobics/physical
fitness program. This program shall be as approved by the
physical fitness committee. The scheduled times will be by
agreement between the Administration and the Union. At no
time shall the scheduled aerobics/physical fitness time
cause a hiring situation to happen in order to allow anyone
to participate. Relief of on -duty personnel shall only
happen when work schedules and workloads allow. At other
times participants shall use the equipment, furnished by the
Administration to accomplish their aerobics/fitness times.
The participants shall provide all of their own personal
aerobics/fitness clothing. The actual schedule of the
aerobics/fitness period times, availability of relief and
the list of approved activities shall be subject to approval
by the Administration, the physical fitness committee and
the Public Safety Dispatch Supervisor. As part of this
program, the participants are encouraged to be active
participants in the City's wellness program in order to have
a total wellness/fitness program.
30.2 Employees in this bargaining unit shall have the option
to have physical examinations scheduled by and at the
expense of the City. Examinations shall be offered every 2
years beginning at the age of 40. The City shall send
notification to the employee at least sixty (60) days prior
to his/her birthday that the examination is due. The
employee shall sign a letter stating whether he/she wishes
to have the examination. The results of a medical
examination; only as it relates to the ability of the
employee to carryout his/her job responsibilities, shall be
forwarded to the Chiefs of the Division. A copy of which
will be sent to the employee'.
30.3 If the Administration has a concern about an employee's
physical and/or mental fitness for duty, the Employer has
the right to require said employee to be examined by a
qualified medical expert designated by the Employer at the
Employer's expense. The qualified medical expert will issue
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PERS Dispatchers & Supervisors
January 1, 2010 - December 31, 2010
a statement to the Chiefs regarding the employee's fitness
for duty with a copy to the employee.
ARTICLE 31 - DEFERRED COMPENSATION
31.1 Each bargaining unit member shall be paid, in addition
to that employee's monthly salary, deferred earned
compensation each month in an amount equal to three (3%)
percent of base pay to a deferred compensation account for
each member of the bargaining unit.
31.2 Said deferred compensation is separate pay and is not
part of the base monthly salary schedule codified in Yakima
Municipal Code Pay and Compensation Ordinance, subsection
2.20.110.. This provision .is subject to the City's deferred
compensation rules and regulations adopted by the City
Council and IRS regulations, and the computation of
retirement contributions and pension benefits shall be
governed by applicable state law.
ARTICLE 32 - DISCIPLINE AND DISCIPLINARY PROCEDURES
32.1 See Appendix B (Revised, TA'd subject to updated PERS
language)
ARTICLE 33 - PROPERTY LIABILITY
33.1 The City shall provide full physical damage insurance
on City vehicles which shall include Public Safety Division
employees as insureds, or the City shall, in the
alternative, become self-insured for such physical damage.
In either case, the City waives any claim it may have
against any Division employee for damage to City property
while that employee is acting within the scope of his
employment except in 'the instance of intentional misconduct,
but the City retains its right to discipline any employee
for just cause.
ARTICLE 34 - MUNICIPAL CODE SECTIONS PERTAINING
BARGAINING UNIT MEMBERS
2.04 Group Insurance
2.04.010 Plan. Adopted.
2.04.030 City Contributions
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PERS Dispatchers & Supervisors
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2.16
2.16.010
2.20
2.20.010
2.20.040
2.20.060
2.20.070
2.20.080
2.20.085
2.20.086
2.20.088
2.20.100
2.20.110
2.22
2.22.010
2.22.030
2.22.040
2.22.050
2.22.060
2.22.070
2.22.075
2.22.080
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
Bonds For Officers
Bonds Required - Amount
Salaries
Persons Subject to the Plan
Policy for Pay Steps
Transfer, Promotion, Reclassification, Demotion or
Reinstatements of Employees
Reduction in Salary
Effect on Budget
Reimbursement for Expenditures
Reimbursed Expenditures - Amounts
Uniform Allowance - Special Assignment Pay
Classification Plan
Compensation Plan
Fire Department - Working Conditions
Work Week
Compensation
Overtime Pay
Special Assignment Pay
Time -off Privileges - Vacation Leave
Time -off Privileges - Compassionate Leave
Time -off Privileges - Sick Leave
Holidays
Longevity Plan
Longevity Plan -
Longevity Plan -
Leave Of Absence
Eligibility - Restrictions
Service Recognition Award
for Service in Armed Forces
Leaves Of Absence
Eligible Employees
Vacation Leave
Sick Leave
Civil Leave
Military Leave
Leave Without Pay
Unauthorized Absence
2.44 Lobbying by City Personnel
2.44 030 Permitted Activities of Representatives
2.44 040 Payment for Services of Representative
2.44 050 Prohibited Expenditures
2.44 060 Ethical Practices and Conduct
In cases of conflict between the Municipal Code and this
Agreement, the latter shall control. Nothing herein shall
alter the parties' rights and obligations to bargain
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PERS Dispatchers & Supervisors
January 1, 2010 - December 31, 2010
collectively concerning proposed changes in the Municipal
Code that affect wages, hours or working conditions of
bargaining unit employees.
'ARTICLE 35 - ENTIRE AGREEMENT
35.1 This collective bargaining agreement constitutes the
entire agreement as negotiated between the parties and no
oral statements and/or previous written agreements shall add
to or supersede any of the specific provisions of this
agreement.
35.2 The Administration and the Union agree to establish
monthly meetings for the purpose of discussing matters
considered of importance and to maintain a channel of
communication. It is intended that such communication be
used as a tool to prevent problems from developing and to
solve problems which have surfaced.
35.3 The problem resolving meetings shall not result in any
modifications to this collective bargaining agreement except
by mutual written agreement by the parties.
ARTICLE 36 - SAVINGS CLAUSE
36.1 All provisions of this Agreement are subject to
applicable laws, and if any provision of any article of this
Agreement is held or found to be in conflict therewith, said
provision shall be void and shall not bind either of the
parties hereto; however, such invalidity shall not affect
the remaining articles of this Agreement. Notwithstanding
any other provisions of this Agreement the Employer may take
all actions reasonable to comply with the Americans with
Disabilities Act and the Family Medical Leave Act.
ARTICLE 37 - CREATION OF NEW CLASSIFICATIONS
37.1 The salary, hours of work and fringe benefits for all
newly created classifications within the bargaining unit
shall be negotiated with the Union. The Employer will
provide a job description for the new classification to the
bargaining unit representative prior to seeking applications
for the new position. Thereafter, the classification shall
be filled by open and competitive competition. If the new
classification would be a logical progression for an
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PERS Dispatchers & Supervisors
January 1, 2010 - December 31, 2010
existing classification, then it will be filled by the
promotional process. Otherwise, the new classification
would be filled by open and competitive competition. All
areas negotiated for the new classification shall be applied
retroactive to the date of hire or promotion, of any
individual who is, placed into the new classification.
ARTICLE 38 - CLASSIFICATION STUDIES
38.1 The long term assignment (greater than 6 months) of
uncharacteristic duties (e.g., dispatching taxi cabs, buses,
shuttle services), that are outside what normally would be
considered duties related toa consolidated public safety
communications center (e.g., ambulance dispatching, fire
department/district dispatching, law enforcement agencies
dispatching, Emergency services dispatching), to any
classification in the bargaining unit must be accompanied by
a classification study. The classification study shall be
accomplished in a reasonably timely manner.
ARTICLE 39 - VEBA MEDICAL SAVINGS ACCOUNT
39.1 The Bargaining Unit shall have the option of
participating in a medical savings trust fund.
Participation of the members shall be either all -in or all-
out depending on the vote of body. This trust fund shall be
funded by the employee's sick leave cash out at the time of
retirement.
ARTICLE 40 - TERM OF THE AGREEMENT
40.1 This Agreement shall be deemed effective from and after
the 1st day of January, 2010 through the 31st day of
December, 2010; 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.
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PERS Dispatchers & Supervisors
January 1, 2010 - December 31, 2010
Executed by the parties hereto this
,2010
Recommended by:
LOCAL 469, INTERNATIONAL ASSOCIj TION OF FIREFIGHTERS, AFL-CIO:
By:
By:
By:
Randy `:Tschko
Pre dent, Local 469
IAFF
Michael'illo
Vice Pre_ 'gent, Local 469
IAFF
1/41(." --
Michael Wagner
Secretary -Treasurer,
IAFF
CITY OF YAKIMA:
By j 4
R. A.s, Jr.
City Manager
ATTEST:
By:
Local 469
By:
Debbie Kloste
City Clerk
City Contract No.
Council Resolution No.
/,3y
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PERS Dispatchers & Supervisors
January 1, 2010 - December 31, 2010
€a_ =1c -i rrr —
Fire Chief
APPENDIX A - Drug Testing Policy
YAKIMA COMMUNICATIONS CENTER DRUG TESTING POLICY
The mission of the Yakima Communications Division is to
protect the lives and property of the people of Yakima. To
fulfill this mission and because it regards its employees as
its most important asset, the Division has a substantial
interest in assuring that its employees maintain their
physical and mental fitness, stamina, alertness and control
at all times while on duty.
Alcohol and drugs alter and impair an employee's ability to
perform his or her duties, and therefore increase the risk
of accidents and injuries to members of the public, other
public safety employees, fellow firefighter's and the
employee themselves.
To further the. goal of a drug free work place, the Yakima
Communications Division believes that the following on -duty
alcohol and drug testing programs are an effective way to
assure employee fitness for duty and to protect employees
and the public from the risks posed by employee use of
alcohol and drugs. Accordingly, the Division hereby
implements the following "random", "post accident", and
"return to duty" alcohol and drug -testing program. This
policy is in addition to the City of Yakima Substance Abuse
Policy, which provides for "reasonable suspicion" testing.
The parties agree to re -open this Appendix following the
conclusion of bargaining between the City and .the IAFF LEOFF
bargaining unit if modification to this Appendix is
necessary to maintain a uniform'policy applicable to all
IAFF members.
A. Applicability
This policy applies to all members of the Yakima
Communications Division covered under this collective
bargaining agreement.
B. Definitions
For purposes of this policy, and unless indicated
otherwise, the following terms shall be defined as follows:
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PERS Dispatchers & Supervisors
January 1, 2010 - December 31., 2010
1. Accident. Accident means an occurrence associated with
the operation of a vehicle if, as a result:
• An individual dies;
• An individual suffers bodily injury; or
• There is damage to property.
2. Alcohol. Alcohol means the intoxicating agent in
beverage alcohol, ethyl alcohol, and/or other low molecular
weight alcohol including methyl and isopropyl alcohol.
3. Alcohol Concentration/Content. Alcohol concentration/
content means the alcohol in a volume of breath expressed in
terms of grams of alcohol per 210 liters of breath as
indicated by an evidential breath test.
4. Alcohol Test. An alcohol test is a test conducted by a
Breath Alcohol Technician,, or any other person trained in
the Department of Transportation rules, using an Evidential
Breath Testing Device (EBT) to measure the amount of alcohol
concentration in a volume of breath.
5. Breath Alcohol Technician. A Breath Alcohol Technician
(BAT) is an individual who instructs and assists individuals
in the alcohol testing process and operates EBT devices.
6. Confirmation Test. A confirmation test means a second
analytical procedure to identify the presence of a specific
controlled substance or controlled substance metabolite
which is independent of the screen test and which uses a
different technique and chemical principle from that of the
screen test in order to ensure reliability and accuracy.
7. Controlled Substance. Controlled substances are those
substances whose dissemination is regulated by law,
including but not limited to narcotics, depressants,
stimulants, hallucinogens, and cannabis. For the purpose of
this policy, substances that require a prescription or other
written approval from a licensed health care provider or
dentist for their use shall also be included when used other
than as prescribed. The drugs and/or their metabolites that
are included in these categories are as follows: marijuana,
cocaine, opium or opiates, barbiturates, amphetamines or
methamphetamines, and phencyclidine.
8. Controlled Substance Test. A method for determining
the presence of controlled substances in a urine sample
using a scientifically reliable method performed in
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PERS Dispatchers & Supervisors
January 1, 2010 - December 31, 2010
accordance with procedures specified in 49 CFR part 40, as
amended.
9. Failing a, Controlled Substance or .Alcohol Test.
Failing a controlled substance oralcohol test means that
the controlled substance or alcohol test showed positive
evidence of the presence of a controlled substance or
alcohol in an employee's system that is at or above a
determined threshold level. This determination shall be
made by the City MRO under the same standards as passing a
substance test. Failing a substance test shall be referred
to as "testing positive." Employees who refuse to take a
substance test when requested to do so shall be considered
to have failed the substance test.
10. Evidential Breath Test Device. An Evidential Breath
Testing Device (EBT) is a device approved by the National
Highway Traffic Safety Administration (NHTSA) and placed on
the NHTSA's Conforming Products List (CPL) and is used for
the testing of breath for the presence of alcohol.
11. Medical Review Officer. A Medical Review Officer (MRO)
is a licensed physician (medical doctor or doctor of
osteopathy) responsible for receiving laboratory results
generated by the City's drug testing program who has
knowledge of substance abuse disorders and has appropriate
medical training to interpret and evaluate an individual's
confirmed positive test result together with his or her
medical history and any other relevant biomedical
information.
12. On -duty. For purposes of this policy, on -duty includes
meal and break periods during the workday and time during
which an employee is on paid administrative leave.
13. Passing a Controlled Substance Test. An individual
passes a controlled substance test when an MRO determines,
in accordance with 49 CFR Part 40, that the results of the
test:
• Showed no evidence of a controlled substance or
controlled substance metabolite;
• Showed evidence of a controlled substance or controlled
substance metabolite for which the employee has a
prescription; or
• Showed evidence of a controlled substance or controlled
substance metabolite below a determined threshold
level.
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PERS Dispatchers & Supervisors
January 1, 2010 - December 31, 2010
Passing.a controlled substance test shall be referred to as
"testing negative."
14. Passing an Alcohol Test. Passing an alcohol test means
that the alcohol test result shows an alcohol concentration
of less than 0.02. Passing an alcohol test shall be
referred to as "testing negative".
15. Refusal to Submit. An employee "refuses to submit" to
an alcohol or controlled substances test when the employee
fails to provide adequate urine for testing without a valid
medical explanation, the employee engages in conduct that
obstructs the testing process, or the employee does not
cooperate fully in the collection process. Examples of
refusal to submit include the following:
• Failure to appear for a test.
• Failure to remain at the testing site until the testing
process is completed.
• In the case of a directly observed or monitored
specimen .collection, failure to permit the monitoring
of the provision of a specimen.
• Failure to provide a sufficient amount of urine when
directed and it has been determined through a required
medical evaluation that there was no adequate medical
explanation for the failure.
• Failure to take a second test as directed by the
collector.
• Tampering with a urine sample.
• Failure to complete all required forms and documents.
16. Screening Test. For alcohol testing, a screening test
is an analytical procedure using an EBT to detect if an
employee has a prohibited concentration of alcohol in
his/her system.
For controlled substances testing, a screening test means an
immunoassay screen (or other Department of Health and Human
Services (DHHS)-approved test) utilized to eliminate
"negative" urine specimens from further consideration.
17. Substance Abuse Professional. A substance abuse
professional (SAP) is a licensed physician (medical doctor
or doctor of osteopathy) or a licensed or certified
psychologist, social worker, employee assistance
professional, or addiction counselor (certified by the
National Association of Alcoholism and Drug Abuse Counselors
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PERS Dispatchers & Supervisors
January 1, 2010 - December 31, 2010
Certification Commission) with knowledge of and clinical
experience in the diagnosis and treatment of alcohol and
controlled substances -related disorders.
C. Prohibited Activities
1. No employee shall report for duty or remain on duty
while having an alcohol concentration of 0.02 or greater.
2. No employee shall report for duty or remain on duty
while unable to perform his or her job safely and
effectively and/or while impaired by a controlled substance.
3. No employee shall report for duty or remain on -duty if
the employee tests positive for a controlled substance.
4. No employee shall refuse to submit to a post -accident,
random, return -to -duty, or follow up alcohol and controlled
substances testing.
5. No employee shall consume or possess alcohol in the
workplace (including City vehicles) and/or while on duty.
6. No employee shall illegally manufacture, distribute,
dispense, possess, or use any controlled substance in the
workplace (including City vehicles) and/or while on -duty.
7. Supervisors shall give employees the opportunity to
acknowledge the use of alcohol at the time he/she is called
to report for duty. The employee will be required to take
an alcohol test if he/she acknowledges the use of alcohol at
the time he/she reports for duty but claims the abilityto
drive and/or perform safety -sensitive functions.
D. Random Testing
Employees covered hereunder are subject to random
controlled substances testing in accordance .with the
following:
1. Twenty-five percent of the average number (rounded
down to the nearest whole number) of covered employees shall
undergo random alcohol and controlled substances testing in
each calendar year.
2. Random testing shall occur while an employee is on -
duty. If an employee is off-duty when he/she is selected
for random testing, the employee will be tested upon return
to duty.
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PERS Dispatchers & Supervisors
January 1, 2010 - December 31, 2010
O
3. The selection of employees for random testing shall be
made by a scientifically valid method, such as a random
number table or a computer-based random number generator
that is matched with employees' Social Security numbers,
payroll identification numbers, or other comparable
identifying numbers. Under the selection process used, each
covered employee shall have an equal chance of being tested
each time selections are made.
4. Random alcohol and controlled substances tests shall be
unannounced and the times and dates for administering such
random tests shall be spread reasonably throughout the
calendar year.
5. Employees who are notified of selection for random
controlled substances testing shall be immediately
transported to the test site by a Supervisor.
E. Post -Accident Testing
Employees covered hereunder are subject' to post-
accident alcohol and controlled substances testing in
accordance with the following:
1. As soon as practicable following an accident, each
employee who was in physical control of a vehicle involved
in the accident shall be tested for alcohol and controlled
substances.
2. If a post -accident controlled substances test is not
administered within 32 hours of the accident, the supervisor
shall cease attempts to have the controlled substances test
administered and prepare and maintain on file a record
stating the reasons the test was not done within said 32
hours.
3. If a post -accident alcohol test is not administered
within 2 hours following an accident, the supervisor shall
prepare and maintain on file a record stating the reasons
the test was not properly administered. If a post -accident
alcohol test is not administered within 8 hours after the
accident, the supervisor shall cease attempts to have the
alcohol test administered and shall prepare and maintain on
file a record stating the reasons the test was not done
within said 8 hours.
4. An employee
remain readily
PERS Dispatchers
January 1, 2010 -
subject to post -accident testing shall
available for such testing, including
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& Supervisors
December 31, 2010
notifying his/her supervisor of his/her location if he/she
leaves the accident scene. An employee who fails to do so
shall be deemed to have refused to submit to testing.
Nothing herein shall be construed to require. the delay of
necessary medical attention for the injured or- to prohibit
an employee from leaving the accident scene for the time
period required to obtain emergency assistance.
F. Return -to -Duty Testing
An employee who has engaged in and/or violated the
alcohol and controlled substances prohibitions of this
policy shall not be allowed to return to duty until that
employee has complied with the following:
• The employee hasbeen evaluated by a SAP who shall
determine what assistance the employee needs in
resolving problems associated with alcohol misuse
and/or controlled substances use; and
• The employee has complied with and remains in
compliance with any and all SAP recommended conditions
of return to duty including rehabilitation and/or
treatment programs; and
• The employee has executed all necessary releases to
permit the City to confirm his or her compliance with
all conditions of return to duty; and
• The employee tests negative for an alcohol, and
controlled substances return -to -duty test.
Employees may use accrued vacation, holiday, compensatory
time, sick leave or trades, or may request unpaid
administrative lave in accordance with city policies while
participating in a SAP evaluation and while complying with
any rehabilitation or treatment programs.
G. Follow -Up Testing
Upon successful return to work, an employee will be
subject to follow-up testing for alcohol and controlled
substances. The SAP shall determine the frequency and
duration of follow-up testing, but such shall consist of at
least twenty four (24) unannounced tests in the first forty-
eight months (48) months following the employee's return to
duty. After that period of time, the SAP may recommend
additional follow-up testing or termination of follow-up
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PERS Dispatchers & Supervisors
January 1, 2010 - December 31, 2010
testing. Follow-up testing shall not go beyond sixty (60)
months after the employee's return to duty. Refusal to
submit to return -to -duty testing or a follow-up test will be
considered grounds for discharge from employment.
H. Rehabilitation and Counseling
The Department recognizes that alcoholism and controlled
substance dependence are treatable diseases. Therefore, the
Department promotes voluntary rehabilitation programs to
encourage employees to seek professional assistance, without
fear of discipline, prior to testing positive for.alcohol or,
drugs. Toward this end, the Department's philosophy on
substance abuse is to emphasize prevention, provide
education and training to employees to clarify this policy,
and assist employees in recognizing substance abuse problems
and finding solutions to those problems.
The Department offers employees the use of counseling and
rehabilitative services pursuant to coverage limitations and
in accordance with the terms of its benefits programs. A
voluntary request by an employee for assistance with an
alcohol and/or controlled substance dependency will remain
as confidential as possible and will not be used, in itself,
as a basis for disciplinary action. Employees are
personally responsible for seeking treatment for substance
dependency and are responsible for all costs not covered by
insurance.
Paid leave shall be granted for appointments with the City's
Employee Assistance Program (EAP) provider with prior
approval by the employee's supervisor, for up to 3 visits
per year. The costs of the visits with the EAP shall be
borne by the City. The EAP counselor may contact the
Department for authorization for additional paid time off.
The employee may also use any available accumulated leave in
accordance with city leave policies in order to participate
in extended counseling and/or rehabilitation.
1. Prescription Drug Use
The appropriate use of legally prescribed drugs and
non-prescription medication is not prohibited. It is,
however, the employee's responsibility to inform health care
professionals of the employee's job duties and determine
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PERS Dispatchers & Supervisors
January 1, 2010 - December 31, 2010
whether or not a prescribed drug may impair his or her job
performance or mental or motor function. Employees must
remove themselves from service if they are unfit for duty.
Employees are required to report the use of medically
authorized drugs or other substances that may create a
direct threat by impairing job performance of safety -
sensitive functions to his/her supervisor and provide
written medical authorization to work from a physician.
Failure to report the use of such drugs or failure to
provide proper evidence of medical authorization may result
in disciplinary action.
J. Additional Employee Rights and Responsibilities
1. An employee who wishes to challenge a positive
controlled substances test must do so within 72 hours of
notification of the positive result. The employee must
notify the MRO that he/she wishes to challenge the test
result. The split -specimen must be processed at a different
Department of Health and Human Services -certified
laboratory. The employee will be solely responsible for
costs necessary for the re -test.
2. An employee required hereunder to undergo post -accident
alcohol and controlled substance testing while off-duty
shall be put on paid administrative leave for the time
period necessary for conducting said testing.
4. The City reserves the right to search, without employee
consent, all City owned property, and any property or area
jointly or fully controlled by the City when reasonable
suspicion exists to believe the search will reveal evidence
of a violation of this policy.
5. In accordance with the Drug Free Workplace Act of 1988,
an employee who is convicted of any criminal drug statute
for a violation in the workplace shall notify the City Human
Resource Manager no later than 5 days after such conviction.
6. Employees who observe orhave knowledge of another
employee in a condition that impairs the other employee's
ability to perform job duties or poses a health or safety
risk shall promptly report the matter to an immediate
supervisor.
K. Disciplinary Action
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PERS Dispatchers & Supervisors
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The following actions are subject to disciplinary action, up
to and including termination:
• A positive alcohol and/or controlled substance test.
• Refusal to submit to an alcohol and/or controlled
substance test.
• Disclosure of the identity of a firefighter selected
for :random testing or the fact that a random selection
is scheduled to take place prior to the test.
• Failure to complete a counseling, treatment, or
rehabilitation program recommended by the SAP.
• The consumption or possession of alcohol in the
workplace (including City vehicles) and/or while on
duty.
• The illegal possession, manufacture, use, distribution,
or sale of any controlled substance, drug
paraphernalia, or other prohibited substance in the
workplace (including City vehicles) and/or while on -
duty.
• Any other violation of this policy.
If a communications division employee fails an alcohol
and/or controlled substance test for the first time, the
Chiefs will engage in a good faith effort to offer the
employee the opportunity to return to duty under certain
conditions including, but not limited to, return -to -duty
testing, follow-up testing, an appropriate rehabilitation
program, and discipline less than termination, provided
however, that the City retains the ability to terminate an
employee in the case of aggravating circumstances.
A communications division employee who fails an alcohol
and/or controlled substance test for the second time during
his/her career shall be terminated.
L. Collection and Testing Procedures
Controlled substance testing shall comply with 49 CFR
Part 40, procedures designed to ensure the accuracy and
integrity of the test results and include screening tests,
confirmation tests, chain of custody safeguards, and
appropriate privacy and confidentiality protections.
Alcohol testing will be performed by a trained breath
alcohol technician (BAT) utilizing an evidential breath
testing device (EBT). Testing will take place at a site
designated by the City. The BAT will inform the employee of
the EBT results at the time of testing. If the screening
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PERS Dispatchers & Supervisors
January 1, 2010 - December 31, 2010
test shows an alcohol concentration of 0.02 or greater, a
breath confirmation test will be conducted after 15 minutes
of the screening test. and before 30 minutes. If the
confirmation test shows an alcohol concentration of 0.02 or
greater, the BAT will show the_ employeethe printed test
results and shall notify the Fire Chief of the test results.
Controlled substance testing will be performed by split -
specimen urinalysis at a test laboratory certified by the
U.S. Department.of Health & Human Services ("DHHS"). The
test involves an.initial screening performed by the enzyme
multiplied immunoassay test ("EMIT"). Any positive test is
then confirmed by a second, test of the same sample by Gas
Chromatography/Mass Spectrometry ("GC/MS"). Prescription
information will not be requested from an employee prior to
laboratory testing. The City's designated MRO shall receive
and interpret test results and. report.them to .the City.
Laboratory analysis of urine specimens shall be restricted
to those tests authorized by this policy to detect drug use.
They shall not be used for other purposes such as the
analysis of physiological states or diseases.
The following initial cutoff levels shall be used when
screening specimens to determine whether they are negative
for these drugs or classes of drugs..
Initial test cutoff
levels (ng/ml)
Alcohol .02g/210 ml expired air
Marijuana metabolites 50
Cocaine metabolites 300
Opiate metabolites (1) 2000*
Phencyclidine (PCP) 25
Amphetamines 1000
* 15 ng/ml if immunoassay specific for free morphine
All specimens identified as positive on the initial test
shall be confirmed at the cutoff levels listed below for
each drug.
Confirmation test cutoff
levels (ng/ml)
Alcohol .02g/210 ml expired air
Marijuana metabolites
Cocaine metabolites
Opiates:
Morphine
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PERS Dispatchers & Supervisors
January 1, 2010 - December 31, 2010.
15
150
300.
Codeine 300
6-acetylmorphine 10
Phencyclidine 25
Amphetamines
Amphetamine 500
Methamphetamine 500
Prior to reporting a positive test result, the MRO
shall give the employee an opportunity to discuss the test
result, including providing verification of any prescription
medications. If the employee meets with the MRO and fails
to present information affecting the test result, or if the
employee refuses to meet with the MRO, the MRO will verify a
positive test result and will inform the City Human
Resources Manager and Fire and/or Police Chief on a
confidential basis that the employee tested positive. The
MRO will also inform the employee at the time the test
result is verified that he or she may request a "re -test" at
their own expense within 72 hours.
M. Confidentiality
All records relating to controlled substance test results
performed pursuant to this policy shall be maintained in a
secure location with controlled access. Except as required
by law or authorized by the employee, the City shall not
release such records. Test results obtained pursuant to
this policy shall not be used as the basis for criminal
investigation.
The city shall make one legible copy of the results of
his/her drug and/or alcohol tests available to the employee
upon request.
N. Communication and Education
Communicating this policy to employees is important to its
success. Therefore, all new and covered employees shall
receive:
• One written copy of this policy prior to its
implementation.
• A brochure describing the City's EAP and any additional
drug and alcohol referral services.
• Information concerning the impact of the use of alcohol
and drugs on job performance.
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PERS Dispatchers & Supervisors
January 1, 2010 - December 31, 2010
• Education on how the tests are conducted, what the test
can determine and the consequences of testing positive
for drug or alcohol use.
No employee shall be tested* before this information is
provided to him/her.
O. Savings Clause
It is understood that all provisions of this policy are
subject to applicable federal, state, and local laws, and if
anyprovision of any section of this policy is held or found
to be in conflict therewith, said provision shall be void.
However, such invalidity shall not affect the remainder of
this policy, which will remain in full force and effect.
P. Other
This policy as it applies to random and post accident
drug testing was initiated at the request of the city and
the city shall assume sole responsibility for its
administration. The Union does not stipulate that the random
drug testing provisions of this policy are lawful and the
city agrees to indemnify and hold the union and its officers
harmless from any and all claims of any nature (except those
arising from the negligence of the union and/or its
officers) where the legality or constitutionality of this
policy as it applies to random or post accident drug testing
is at issue. This indemnification provision does not extend
to claims that the union or anyone acting on its behalf
improperly or negligently advised, represented, or performed
services for an employee, disciplinary proceedings arising
from violations of thepolicy, or any other right or
liability of an employee related to this policy.
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PERS Dispatchers & Supervisors
January 1, 2010 - December 31, 2010
This will be replaced with revised TA'd Disciplinary Guidelines
upon agreed language.
APPENDIX B - Disciplinary Guidelines
Overview
The City of Yakima Public Safety Communications Division
hereby adopts the following disciplinary guidelines, which
provide for the administration of a series of corrective
disciplinary actions prior to termination, when appropriate.
The steps include: oral reprimand; written reprimand;
suspension; and termination. The purpose behind progressive
discipline is to utilize the level of discipline necessary
to achieve improved performance and deter future rule
violations. These guidelines are in addition to other
policies, rules, and guidelines regarding disciplinary
action applicable to the PERS/Calltaker and Dispatcher
bargaining units, including the Fire Civil Service Rules and
Regulations.
In order to assist officers in enforcing these guidelines
and applying discipline uniformly, the City will provide
training to all supervisors on these guidelines as needed.
These guidelines are applicable to all employees in the
PERS/Calltaker and Dispatcher bargaining groups represented
by IAFF Local 469.
Types of Progressive Discipline
Generally, there are four main types of corrective
discipline: oral reprimand, written reprimand, suspension,
and discharge. Demotions, reductions of pay within the pay.
range, and other forms of discipline may also be used
depending on the circumstances. The four main types of
corrective discipline are defined as follows:
1. Oral Reprimand - Any instance in which an employee is
verbally reprimanded for an infraction constitutes an oral
reprimand. The intent of an oral reprimand is to correct a
performance or behavioral problem by bringing it to the
employee's attention. The supervisor will keep individual
records of oral reprimands, but if any written record of the
reprimand is placed in the employee's personnel file, it
becomes a written reprimand. Usually an oral reprimand will
be used when a minor infraction has been committed.
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PERS Dispatchers & Supervisors
January 1, 2010 - December 31, 2010
2. Written Reprimand - A properly prepared written
reprimand will be in the form of a letter to the employee
listing the violations or failures as well as previous
related oral warnings or failures, .and setting out
corrective action necessary to avoid further corrective
disciplinary action. Usually a written reprimand will be
used for a second offense of minor infractions or for the
first offense of a more serious infraction.
3. Suspension - Relieving an employee from work without pay
as punishment for rule violations constitutes a suspension.
Usually a suspension will be used when a third offense of
minor infractions or a second offense of a more serious
infraction has occurred.
4. Discharge - Involuntary termination of an employee for
"cause from City service will constitute a discharge.
Usually discharge will be used when there is a fourth
offense of a minor infraction, a third offense of a more
serious infraction .or a first offense of an intolerable
infraction.
Progressive Disciplinary Process
When a performance problem persists despite minor
counseling, a gradual increase in the level of disciplinary
action will be initiated and directed toward correcting the
problem where appropriate. Continuing offenses, which alone
may justify nothing more severe than a written reprimand,
may be cause for suspension and/or discharge if the employee
has not made the correction required with lesser
disciplinary action.
Employees shall be provided with a pre -disciplinary hearing
prior to the administration of disciplinary action greater
than an oral reprimand. The purpose of the hearing is to
provide the employee with an opportunity to present
information in response to the allegations of misconduct.
The employee may choose to be represented by an attorney or
a union representative at the hearing.
Any person so reprimanded, removed, suspended, demoted,
discharged, reduced in pay or subject to any disciplinary
action of any kind, (hereinafter called ,discipline or
disciplined) may file with the Commission a written request
for a hearing, within 15 days from the time of receipt of
written notice of such discipline, whereupon the Commission
shall conduct .such hearing. Failure to file such written
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PERS Dispatchers & Supervisors
January 1, 2010 - December 31, 2010
request within the time specifiedshall be deemed a waiver
of any right of review.
Employees and the bargaining unit that represents them may
appeal disciplinary action greater than an oral reprimand
pursuant to the collective bargaining agreement or the Fire
Civil Service Commission's Rules and Regulations (one or the
other but not both.)
Examples of Offenses
Minor Infractions - The following are some examples of job-
related offenses generally considered to be minor
infractions, which could on the first incident result in an
oral reprimand, on the second incident result in a written
reprimand, on the third incident a suspension; and on the
fourth, discharge:
• Tardiness.
• Unauthorized absence from the job.
• Failure to maintain satisfactory and harmonious working
relationships with the public or other employees.
• Smoking in unauthorized areas.
• Profane or vulgar language that is offensive to others.
• Inefficiency or inattention to duties.
More Serious Infractions - The following are some typical
examples of job-related offenses considered to be more
serious infractions, which could on the first occurrence
result in a written reprimand, on the second, suspension,
and on the third, discharge:
• Incompetence.
• Dishonesty.
• Illegal gambling on -duty or other similar misuse of
City time.
• Careless, negligent, or other improper use of City
property.
• Unauthorized or improper use of any type of leave.
• Failure to report an absence from work without proper
notification.
• Releasing confidential information without proper
authority.
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PERS Dispatchers & Supervisors
January 1, 2010 - December 31, 2010
Intolerable Infractions - The following are some examples of
job-related offenses considered to be intolerable
infractions that could result in immediate discharge:
• Consumption or distribution of alcohol or illegal drugs
on duty
• Immoral conduct as defined by law.
• Mental or physical unfitness for the classification,
which the employee holds
• Fighting.
• Refusal to work.
• Theft.
• Willful destruction of property.
• Insubordination.
• Failure to report serious acts of mismanagement or
violations of law by supervisors.
• misconduct unbecoming an employee.
• Conviction of a felony or a misdemeanor involving moral
turpitude.
• Falsifying time cards.
• Use of undue influence to gain or attempt to gain
promotion, leave, favorable assignment or other
individual benefit.
• Falsification, fraud, or omission of information in
applying for a position.
• Failure to report absences from work without
notification for a period of three days or longer.
• Failure to obtain or maintain a current license or
certificate required by law or organizational standards
as a condition of employment.
• Any other act that endangers the safety, health or
well-being of another person, or which is of sufficient
magnitude that the consequences cause disruption of
work or gross discredit to the organization.
Probationary Employees
These guidelines are designed to promote corrective
discipline and do not apply to probationary employees.
Administration of Corrective Discipline
Corrective discipline may be administered by the following
ranks:
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PERS Dispatchers & Supervisors
January 1, 2010 - December 31, 2010
Lead Supervisors, Electronics Supervisor,
Communications Supervisor and the Communications
Manager are authorized to administer_ oral and written
reprimands.
Fire Chief and/or the Police Chief is authorized to
administer suspensions and demotions.
City Manager only may administer the termination of an
employee.
Confidentiality
Notices of disciplinary action will be permanently
maintained in the employee's Human Resources file.
Posting
A copy of these guidelines will be provided to each
PERS/Calltaker and Dispatcher bargaining unit member and
will be permanently posted on employee bulletin board.
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PERS Dispatchers & Supervisors
January 1, 2010 - December 31, 2010
7016-6/`!
ADDENDUM TO LEOFF COLLECTIVE BARGAINING AGREEMENT
BETWEEN THE CITY OF YAKIMA AND LOCAL 469, INTERNATIONAL ASSOCIATION
OF FIREFIGHTERS, AFL-CIO
THIS ADDENDUM to the 2010 LEOFF Collective Bargaining Agreement is made
and enteredinto by and between Local 469, International Association of Firefighters,
AFL-CIO, Fire LEOFF, hereinafter the "Union" and the City of Yakima, a Washington
municipal corporation, hereinafter the "City".
WHEREAS, the City and the Union executed a collective bargaining agreement
effective January 1, 2010 that expires December 31, 2010.
WHEREAS, pursuant to the collective bargaining agreement and state law, the
City and the Union engaged in negotiations on the matter of wage reductions to avoid
layoffs for 2011.
WHEREAS, the Union, representing the results of a referendum vote by all four
represented units, presented the Yakima City Council with a three (3) percent wage
reduction and concession plan subject to the conditions enumerated below, for calendar
year 2011.
WHEREAS, the Yakima City Council voted for and accepted the Union's wage
concession plan.
WHEREAS, the parties have reached an agreement on a wage concession plan
for 2011.
follows:
NOW, THEREFORE, it is agreed by and between the City and the Union as
Effective 1/1/2011 the Employer's regular deferred compensation contributions for all
members represented by the Union shall be reduced by an amount of three (3) percent
through 11:59 pm on 12/31/11 at which time said contribution shall be restored to the
current level. (This reduction shall not apply to members in good standing who apply for,
and execute, retirement prior to 12/31/11.)
The Employer agrees that no layoff of any bargaining unit member shall occur for the
term of this agreement. Specifically, subject to the availability of qualified personnel, the
employer agrees maintain the following positions for 2011:
1. Maintain a daily compliment of nineteen (19) "floor" positions
2. Secretary 2
3. Training Lt
4. Deputy Fire Marshal
The Employer agrees to continue the current 48/96 schedule for shift work LEOFF
employees for the term of this agreement.
The terms of this agreement shall be incorporated into the next collective bargaining
agreement for 2011, should such an agreement be reached.
J 4^, 1
THIS ADDENDUM is executed by the parties this 7 day ofeeccmber, 1uid.
CITY OF YAKIMA
LOCAL 469, INTERNATIONAL
ASSOCIATION OF FIREFIGHTERS,
AFL-CIO (FireEQFF)
Randydefi ko
Presi t, Local 469
David Wilson
Fire Chief
ATT T:
City Clerk
City Contract No. Q /O --9 /
•
•
ITEM TITLE.
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No
For Meeting Of 11/16/10
Consideration of a Resolution authorizing and directing the City Manager to
execute a collective bargaining agreement for 2010 with the International
Association of Fire Fighters PERS Dispatchers and Communications
Supervisors bargaining unit.
SUBMITTED BY Dave Zabel!, Assistant City Manager
Colleen Chapin, Deputy Human Resources Manager
CONTACT PERSON/TELEPHONE Colleen Chapin, 575-6124
SUMMARY EXPLANATION
Attached are the Resolution and Collective Bargaining Agreement which finalizes the
negotiation process with IAFF PERS Dispatchers and Communications Supervisors for 2010
This contract represents the result of several months of negotiations between the parties The
substantive elements of the settlement package are outlined below
• 0% wage increase
• Sick leave accrual will be based on regularly assigned number of shift hours either
eight, ten or twelve hours of sick leave per month
Resolution X Ordinance Other (Specify)
Contract Mail to (name and address)
Phone
Funding Source
APPROVED FOR SUBMITTAL.
�;. City Manager
STAFF RECOMMENDATION Subject to ratification by the bargaining unit, adopt
Resolution authorizing the execution of the PERS and Dispatch Bargaining agreements for
2010
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
COUNCIL ACTION