HomeMy WebLinkAboutR-2010-133 2010 Collective Bargaining MOU / IAFF Battalion Chiefs (469)RESOLUTION NO R-2010-133
A RESOLUTION authorizing the City Manager to execute a Memorandum of Understanding
between the City of Yakima and the International Association of Firefighters
(IAFF) Local 469 Battalion Chiefs unit for wages, hours, and working
conditions for 2010, and authorizing the City Manager to execute
amendments to the Memorandum of Understanding to clarify contract
language, maintain compliance with the law, and make other minor
adjustments
WHEREAS, pursuant to Washington State law, the City and the International
Association of Firefighters (IAFF) Local 469 have been engaged in negotiations for a new
collective bargaining agreement for Battalion Chiefs for 2010; and
WHEREAS, the bargaining unit has voted on and approved the attached proposed
collective bargaining agreement for 2010; and
WHEREAS, the City Council has determined that it is in the best interest of the City of
Yakima to agree to the terms and conditions of the attached collective bargaining agreement
for 2010, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA.
1 The City Manager of the City of Yakima is hereby authorized and directed to execute
the attached and incorporated Memorandum of Understanding between the City of
Yakima and the International Association of Firefighters (IAFF) Local 469 Battalion
Chiefs unit for wages, hours, and working conditions for 2010
2 The City Manager of the City of Yakima is also hereby authorized to and, without a
further resolution, may execute amendments to the Memorandum of Understanding
which may be necessary or appropriate to clarify its terms and conditions, maintain
compliance with the law, and/or make other minor adjustments, provided that such
amendments shall be subject to prior approval by the City Attorney as to form
ADOPTED BY THE CITY COUNCIL this 16th day of November, 2010
ATTEST Micah Cawley, M
City Clerk
Memorandum of Understanding
Between
The City of Yakima
And
Yakima Firefighters Local #469
Battalion Chiefs
Effective Date: January 1, 2010
To
December 31, 2010
Memorandum of Understanding
This memorandum of understanding acknowledges and confirms the agreement by and
between the City of Yakima and the Battalion Chiefs of Yakima Firefighters Local #469
regarding compensation and specific employment matters for the Battalion Chiefs.
This memorandum of understanding shall remain in effect from January 1, 2010 to
December 31, 2011. By mutual consent of the parties to the memorandum, any part or
the entire memorandum of understanding may be opened for cause during the term of the
memorandum.
1 The parties agree to the following points having been addressed and clarified regarding
issues, which may or may not be addressed in the Management Compensation Plan or
supplement said Plan.
Except as provided for herein, the Battalion Chiefs shall be a part of but not limited to the
Management Compensation Plan adopted in Ordinance No. 94-83 effective April 16,
1995.
Wages: Base wages of the Battalion Chiefs shall be adjusted as follows:
Effective 1/1/10: Zero percent (0%) wage adjustment.
Health and Dental Care Premium Contributions: The City shall maintain current
Health Insurance Premiums as outlined in Management Compensation Plan.
Medical, Vision and Dental Care Coverage:
(a) Covered bargaining unit employees, retirees and their dependents shall
participate in the "City of Yakima Employees' Health & Welfare Benefit
Plans". Eligibility rules, types and or 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".
Health and Dental Care Premium Contributions:
(a)' Dental Care Premium Contributions. The City shall pay the premium for
employee and dependent dental care coverage.
(b) Employee contributions under this Article will be accomplished through
normal payroll deductions.
Yakima Fire Fighters Local #469
Battalion Chiefs
January 1, 2010 to December 31, 2010
2
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,
except in the case cited below.
(a) Retirees may elect to remain in the group medical plan until they reach
age 65, upon payment of the required premium.
(b) Spouses of retirees may remain in the group medical plan until they reach
age 65 or in the case of spouses of deceased retirees, until they reach age
65 or remarry, whichever occurs first.
(c) Other dependents of retirees may remain in the group health care plan as
long as they remain eligible under the provisions of the plan or when
coverage for the retiree and spouse, or, the spouse of deceased retiree
terminates, at which time such dependent insurance coverage would cease
regardless of the age of the dependents.
(d) Retirees, or spouses of deceased retirees, shall pay the premium and other
shared dependent coverage costs (including dependents if enrolled), which
shall be based on the same formula as active employees and dependents
within the bargaining unit. Premiums shall be paid by deduction from
retirement checks paid to retired employees or their beneficiary.
Medical Expense Reimbursement Plan (MERP): The City will allow members of this
bargaining unit, who are eligible; to continue to make contributions into and participate in
the Washington Sate Council of Fire Fighters Employee Benefit Trust (the "Trust
Agreement") and the Premium Reimbursement Plan of the Washington Sate Council of
Fire Fighters Employee Benefit Trust (the "plan") at their own expense.
All employees who have participated in the Medical Expense Reimbursement Plan
(MERP) for not less than one month prior to being promoted into this bargaining unit
may continue to be plan participants. Internal Revenue Service (IRS) codes require all
eligible employees participate and there is no individual election to continue
contributions. Excess sick leave conversion rights are to the Medical Savings
Account/Voluntary Employees Beneficiary Association (MSANEBA) Plan for
management employees:
The Union and the Employees agree to hold the Employer harmless and indemnify the
Employer from any and all liability, claims, demands, law suits, and/or losses, damage or
injury to persons or property, of whatsoever kind, arising from and in any way related to
the implementation and administration of the Trust Fund. The Union and Employees
shall be one hundred percent (100%) liable for any and all liabilities that arise out of the
Trust Fund. The Union and Employees shall be liable for any and all tax penalties, as
well as any other liabilities arising out of the implementation and administration of the
Trust Fund.
Yakima Fire Fighters Local #469
Battalion Chiefs
January 1, 2010 to December 31, 2010
Bi -lingual Pay: A Spanish bilingual oral skills premium pay is established at $75.00 per
month subject to the employee achieving a passing score on the bilingual skills
examination conducted under the Fire Civil Services Rules and Regulations and
administered by. the Civil Service Chief Examiner. The Fire Chief may waive this testing
requirement if the employee can demonstrate to the satisfaction of the Fire Chief, through
documentation or otherwise (i.e. court interpreter certification from the State of
Washington) that the employee has sufficient bilingual skills in the Spanish language to
benefit the Department.
Workweek: The workweek for "Shift" Battalion Chiefs shall be 50.46 hours.
Longevity Pay: Longevity shall reflect the current Longevity pay scale as outlined in the
Management Compensation Plan, City of Yakima Municipal Code, Chapter 2.24,
Longevity Plan 2.24.010(B).
LONGEVITY PAY
Years of Service Percent of Base Pay
5 2.5
10 4.0
15 5.5
20 7.0
24 10.0
Deferred Compensation: The City shall maintain current deferred compensation as
outlined in Management Compensation Plan.
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.
Battalion Chief Promotional Standards: In order to test for the position of Battalion
Chief, candidates will have three years experience as an engine company officer in the
rank of Captain or 5 years as Lieutenant in the Yakima Fire Department. The candidate
will have also successfully completed the Battalion Chief Task Book issued by the
Yakima Fire Department.
Time Off: Battalion Chiefs assigned to Operations will be awarded vacation time, Kelly
time, holiday time, and other leave time consistent with department practice in the
following manner.
• Vacation time: Vacation time will be awarded consistent with
department policy.
Yakima Fire Fighters Local #469
Battalion Chiefs
January 1, 2010 to December 31, 2010
4
(a) 0-5 years
(b) Over 5-10 years
(c) Over 10-15 years
(d) Over 15-20 years
(e) Over 20 years
12 hrs/mo
14 hrs/mo
16 hrs/mo
18 hrs/mo
20 hrs/mo
Holiday Time: At the first of each year, Battalion Chiefs will receive a credit of 120
hours to their holiday leave account. New employees hired after that date will receive
holiday credits at the rate of 10 hours per month for all months remaining in the calendar
year. New employees must be scheduled to work for more than one-half (1/2) of the
month's shifts in order to receive holiday credit for the month in which they were hired.
Employees transferring from days to shifts will receive holiday credits at the rate of ten
(10) holiday hours per month for the calendar months remaining in the year. Employees
transferring from shifts to days will have ten (10) hours per month for each calendar
month remaining in the year deducted from their 120 hours of holiday credits which shall
not be reduced to less than zero credits. The employee's schedule which encompasses
more than one-half (1/2) of a month shall determine whether or not credits are added or
reduced for that month.
Effective 1/1/10, holiday time must be used in the calendar year in which it was credited
and may not carry-over into successive calendar years. Unused holiday time will be paid
at 100% of the base wage as of December 31 of each year up to a maximum of forty-
eight (96) hours per employee.
An employee who uses up their 120 hours of holidays and leaves the Department before
December 31 shall have 10 hours removed from their earned leave account for each
month remaining in the year that the employee has not worked at least one (1) shift.
Kelly Time: Battalion Chiefs working the 48/96 schedule shall receive twelve (12) 24
hour shifts per year as Kelly Days pro -rated over the course of the year.
Medical Exams: Complete medical physical exams will be provided at the City's
expense at the age of 40 and every two years thereafter. After the age of 50 annual
medical exams will be provided at the City's expense on the recommendation of a
physician otherwise they will be provided every two years. The City shall send
notification at least 60 days prior to his/her birthday that examination is due. . The
employee shall sign a letter stating whether he/she wishes to have the examination.
Overtime Pay: Battalion Chief overtime pay shall be paid at a rate of one and one half
times (1'/2) the straight -time hourly rate for each hour that is worked outside the normal
weekly work schedule to provide coverage of the Shift Commander position in the
absence of the regularly scheduled shift Battalion Chief.
Yakima Fire Fighters Local #469
Battalion Chiefs
January 1, 2010 to December 31, 2010
5
Emergency Callback: Pay for emergency call back shall be computed at the rate of 11/2
times the normal rate based on a 40 hour workweek. State Mobilization time will be
computed at the rate of 1 1/2 times the normal rate based on a 50.46 hour workweek.
Overtime Hiring: In the event of a vacancy created by the shift Battalion Chief due to
the use of Kelly days, vacation time, holiday time, union leave, administrative leave or
sick/disability leave and Department manpower meets the minimum levels to fill all
required positions, a qualified Captain from that shift will be allowed to fill the position.
The roster will be set by 2100, hours of the shift before the affected shift. If no qualified
Captains are available on the shift, the Battalion Chiefs will be offered the overtime. If
the Battalion Chiefs decline and Department manpower does not meet the minimum
levels to fill all required positions and there is a qualified Captain available on that shift,
then that Captain will be assigned Acting Battalion Chief and an off duty Captain will be
hired to backfill.
Cash Out: Except as provided above regarding holiday accrual, and only for the purpose
of cash outs of earned leave time (vacation) and/or sick leave time, at the time of
retirement or termination of service to the Department, Battalion Chiefs shall receive
compensation at an hourly rate based on their applicable monthly salary divided by
173.33 hours. Total cash out shall comply with limits set froth in the City of Yakima
Management Compensation Plan.
Union Business Leave Time: Members of the Battalion Chief bargaining unit shall be
granted a total of one shift of leave time to attend to Guild business such as negotiations,
labor seminars, and conventions in accordance with all applicable laws and ordinances of
the State of Washington.
National Fire Academy: The City agrees to allow Battalion Chiefs to attend classes at
the National Fire Academy for the Executive Fire Officer program and/or other classes
that may be valuable in performing the duties of Battalion Chief/Incident Commander.
The Fire Chief may limit participation due to unforeseen circumstances adversely
affecting shift manning.
State Mobilization: The City agrees to allow Battalion Chiefs to participate in
mobilizations as part of state or national Incident Management teams that may be needed
to assist in state or national emergencies. The Fire Chief may limit participation due to
unforeseen circumstances affecting the Department.
Communications: The Battalion Chiefs shall be included in the Fire Department
communications program. The Fire Department and the Battalion Chiefs agree to create
the best communications system possible within the City's economic resources available
for Command Staff.
Job Security: In the event any permanently appointed person employed in a
classification above entry level is laid off, that person shall have the right to voluntarily
reduce in rank to the next lower classification previously held within the department
Yakima Fire Fighters Local #469
Battalion Chiefs
January 1, 2010 to December 31, 2010
6
regardless of whether a vacancy exists within that classification. Any person, other than
persons serving temporary appointments in higher classifications, choosing voluntary
reduction in rank under this section shall be regarded as the most senior person in that
classification to which they are reduced for the purpose of any further layoffs.
Temporary appointees electing voluntary reduction in rank shall assume the seniority in
the previously held classification. The least senior permanently appointed person within
any classification shall be laid off in the event all the positions with the classification are
filled and a voluntary reduction in rank from a higher classification occurs. Likewise, if a
person is laid off as a result of a voluntary reduction in rank they may voluntarily reduce
in rank to the next lower classification previously held.
All persons except temporary appointees who choose to voluntarily reduce in rank under
the terms of this agreement shall be placed . on a reinstatement register for each
classification from which they were reduced.
The orders of reductions in rank shall follow the seniority rules laid out in Civil Service
Rule XX in the General Rules and Regulations of the Civil Service Commission for Fire
Management Employees of the City of Yakima.
Disability Insurance: The City agrees to provide the Battalion Chiefs disability
insurance as outline in the Management benefits program. The City also agrees to allow
the Battalion Chiefs to purchase private disability insurance at their own cost.
The City will allow the union to execute a disability life insurance policy with Standard
Insurance Company that provides both short-term and long-term disability life insurance
for its members. Upon execution of such a policy a covered employee is generally
provided with up to fifty percent (50%) of his/her base pay in the event that the person
incurs an off-duty injury, illness and/or disability and is unable to work. In order to
qualify for said benefits under the policy for a particular month, the employee can receive
a minimum of fifty percent (50%) of his/her base pay from the City through the
utilization of accrued sick . leave, compensatory time and annual leave in a month and
must be in leave without pay status for the remainder of the month
(a) In the event that an insured employee covered by the Local 469 Standard
Insurance Company Disability Plan applies for and receives benefits from
said plan the City shall permit the employee to receive a minimum of fifty
percent (50%) of his/her base pay from the City through the utilization of
accrued sick leave, compensatory time and annually leave in a month and
allow them to be in a leave without pay status for up to fifty percent (50%)
of their scheduled hours for the affected pay period.
(b) Base pay for the purpose of receiving Standard Insurance Company
benefits shall be the base pay per Master Ordinance plus the Deferred
Compensation contribution.
Yakima Fire Fighters Local #469
Battalion Chiefs
January 1, 2010 to December 31, 2010
7
(c) . It shall be the responsibility of the employee to inform the fire department
timekeeper on or before the date in which he or she starts the leave
without pay status. It shall be the responsibility of the employee to inform
the fire department timekeeper on or before the date which he or she ends
the leave without pay status.
(d) If the insured employee's scheduled hours spent for a pay period is
anticipated to be lower than the minimum number of hours required by the.
Washington State Department of Retirements (DRS) for receipt of full
service credit for that month, then the employee may use a sufficient
number of hours of his/her accrued leave for that pay period to satisfy the
minimum numbers required by DRS to receive full service credit for that
month.
(e) It shall be the employee's responsibility to reconcile his/her monthly pay
from the City with payments from the disability insurance carrier
(Standard Insurance) to ensure that he/she does not violate and /or breach
any of the terms and conditions of the disability insurance policy,
including but not limited to the 100% payout ceiling. Local 469 recognizes
that the City does not have any liability with or to the disability insurance
carrier or Local 469 whatsoever with regard to insurance disputes between
the carrier and employees represented by Local 469, including by not
limited to the reconciliation of pay and the 100% payout ceiling. Further,
Local 469 agrees to indemnify, defend and hold harmless the City of
Yakima, it officers, elected officials; employees and agents from any and
all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and
other proceedings and all judgments, awards. Costs and expenses
(including attorneys' fees and disbursements) caused by or occurring as a
result of any dispute between an employee represented by Local 469 and
the disability insurance carrier.
(f) Both Local 469 and the City have participated in the drafting of this
language and as such, it is agreed by the parties that the general contract
rule of law that ambiguities in the contact language shall be construed
against the drafter of a contract shall have no application to any legal
proceeding, arbitration and/or action in which this section of the contract
and its terms and conditions are being interpreted and/or enforced.
Drug testing policy: The Battalion Chiefs shall participate in the Department Drug
Testing Policy as it applies to all LEOFF management personnel.
Discipline Policy: The Battalion Chiefs accept the discipline policy that is agreed to
between the City and both LEOFF units the disciplinary 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,
Yakima Fire Fighters Local #469
Battalion Chiefs
January 1, 2010 to December 31, 2010
8
and guidelines regarding disciplinary action applicable to all bargaining units represented
by IAFF Local 469, including the Fire Civil Service Rules and Regulations.
**The Battalion Chiefs agree to work with Fire Department Administration to explore
ways to reduce costs and increase efficiency.
Agreed to this ' G day of /��� 6 -' bei , 2010
City of Yakima
Richard A. Zais, City anager
a� u
Charie-Is, Fire Chief
CITY CONTRAC f NO. /'1'0- 9's
RESOLUTION NO: -AQ /e -43c3
Yakima Fire Fighters Local #469
Battalion Chiefs
January 1, 2010 to December 31, 2010
9
IAFF LOCAL #469
Randy ' , s hko, President
4/ 1
10,
Asel Castilleja, ' epres ntative
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 /
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No 5-2"
For Meeting Of November 16, 2010
ITEM TITLE Consideration of a Resolution authorizing the execution of the 2010 Memorandum of
Understanding between the City of Yakima and IAFF Local 469 Battalion Chiefs
SUBMITTED BY
Dick Zais, City Manager; Dave Zabel!, Assistant City Manager; Sheryl M Smith,
Human Resources Manager; and Colleen Chapin, Deputy Human Resources
Manager
CONTACT PERSON/TELEPHONE Colleen Chapin, x6124
SUMMARY EXPLANATION
The attached resolution authorizes a two-year Memorandum of Understanding (MOU) with the IAFF,
Local 469 for the Battalion Chiefs bargaining unit This MOU represents the result of many months of
negotiations between the parties including mediation The substantive elements of the settlement
package are outlined below.
(a) 0% general wage increase
(b) Increase vacation accruals by 2 hours each month
(c) Holiday sell back of up to 96 hours
(d) City to pay health plan premium increase for 2010
Resolution X Ordinance Other (Specify) Report
Contract X Mail to (name and address)
Funding Source
APPROVED FOR SUBMITTAL
City Manager
STAFF RECOMMENDATION Subject to bargaining unit ratification, adopt Resolution authorizing the
execution of the Memorandum of Understanding
BOARD/COMMISSION RECOMMENDATION
COUNCIL ACTION