HomeMy WebLinkAboutR-2011-006 2011 Collective Bargaining Agreement /Yakima Fire Management Unit (Teamsters 760) RESOLUTION NO. R- 2011 -06
A RESOLUTION authorizing and directing the City Manager_ to execute a collective
bargaining agreement for 2011 with the Teamsters Local #760
representing the Yakima Fire Department Management Unit.
WHEREAS, pursuant to requirements of state law, labor negotiations have occurred
between the City and Teamsters Local #760 Fire Management Unit, resulting in the attached
proposed collective bargaining agreement for 2011; and
WHEREAS, the Local #760 and the City of Yakima have bargained in good faith to a
negotiated agreement; 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 Teamsters Local #760
Fire Management Unit, and the City of Yakima.
ADOPTED BY THE CITY COUNCIL this 4th day of January 2011.
./p
Micah Cawley, ayor
ATTEST:
/pj
City Clerk
Collective Bargaining Agreement
By and between 1-Y0
The City of Yakima
And
, 41/
Yakima Fire Management Unit, Teamsters Local #760
January 1, 2011- December 31, 2011
ARTICLE 1 - RECOGNITION 1
ARTICLE 2 - UNION SECURITY /DUES CHECK OFF 1
ARTICLE 3 - EMPLOYER RIGHTS 3
ARTICLE 4 - WAGES AND BENEFITS 5
ARTICLE 5 - GRIEVANCE PROCEDURE 6
ARTICLE 6 - WORK WEEK; AND HOURS OF WORK 8
ARTICLE 7 - UNION LEAVE 9
ARTICLE 8 - MEDICAL EXPENSE REIMURSEMENT PLAN (MERP) 9
ARTICLE 9 - SAVINGS CLAUSE 10
ARTICLE 10 - "1'ERM OF AGREEMENT 10
PREAMBLE
This agreement is made and entered into pursuant to the provisions of RCW Chapter
41.56 by and between the City of Yakima hereinafter known as the "Employer" and the
Yakima Fire Management Unit represented'by Teamsters Local #760, hereinafter known
as the "Union" for the purpose of setting forth the wages, hours, and other terms and
conditions of employment which shall be in effect during the term of this agreement for
employees included in the bargaining unit described in Article 1 below.
ARTICLE 1- RECOGNITION
1.1 The employer recognizes the Union as the exclusive bargaining representative on
matters concerning wages, hours, and conditions of employment for all Yakima
Fire Depat intent Deputy Chiefs, excluding all other employees of the depat tment.
1.2 The Union recognizes the City as the representative of the people of the City of
Yakima and agrees to negotiate only with the City through the negotiating agent
or agents officially designated by the City Manager to act on the City's behalf.
ARTICLE 2 - UNION SECURITY/DUES CHECK OFF AND MAINTENANCE
OF MEMBERSHIP
2.1 It shall be a condition of employment that all employees of the Employer covered
by this Agreement who are members of the Union in good standing on the
effective date of this Agreement shall remain members in good standing in the
Union. It shall also be a condition of employment that all employees covered by
this Agreement and hired on or after January 1, 2011 shall, on the thirtieth (30
Yakima Fire Management, Teamsters #760 1
January 1, 2011 — December 31, 2011
calendar day following the beginning of such employment become and remain a
member in good standing in the Union.
2.1.1 Should bona fide religious convictions of an employee dictate he /she may not join
a Union, he /she shall be required to pay an amount equivalent to the Union
initiation fee and monthly dues to a non - religious charity mutually agreed upon by
the employee and the Union. If such employee pursuant to this Section requests
the Union to use the Grievance and Arbitration Procedure on his/her behalf, the
Union is authorized to charge the employee for the reasonable cost of using such
procedure as allowed by law.
2.2 The Union agrees to represent all employees within the bargaining unit without
regard to Union membership.
2.3 When an employee fails to fulfill the obligations as set forth in Section 2.1 or
2.1.1, the Union shall provide the employee and the Employer with thirty (30)
calendar days' notification of the Union's intent to initiate discharge action and
during this period the employee may make restitution in the amount which is
overdue. If an employee has not fulfilled the Union membership obligation
and /or other provisions as described in Section 2.1 or 2.1.1 by the end of the
applicable discharge notification period, the Union shall thereafter notify the
Employer in writing, with a copy to the affected employee, of such employee's
failure to abide by Section 2.1 or 2.1.1. In this written notice, the Union shall
specifically request discharge of the employee for failure to abide by the terms of
the Labor Agreement between the Employer and the Union.
2.4 When provided a "voluntary check -off' authorization form furnished by the
Union and signed by the employee, the Employer agrees to deduct from that
employee's pay, the Union's uniform applicable dues, initiation fee and /or service
fees, as prescribed in the "voluntary check -off' form. The full amount of monies
so deducted from the employee shall monthly be forwarded to the Union by check
along with an alphabetized list showing names and amounts deducted from each
employee. The Union agrees to defend and hold the Employer harmless from and
against any and all claims, demands, lawsuits, orders or judgments arising from
the administration and effects of this Section.
2.5 The Union agrees to refund to the employee any amounts paid to the Union in
error on account of the payroll deduction provision upon presentation of proper
evidence thereof. The earning of the employee must be regularly sufficient after
other legal and required deductions are made to cover the amount of the
appropriate Union dues. All other legal and required deductions have priority for
payment over such dues.
2.6 The Union agrees to defend and hold the Employer harmless from and against any
and all claims, demands, lawsuits, and /or orders of judgments arising from the
administration and effect of this Article. It is also agreed that neither any
Yakima Fire Management, Teamsters #760 2
January 1, 2011 — December 31, 2011
employee nor the Union shall have any claim against the Employer for any
deductions made or not made unless a claim of error is made in writing to the
Employer within forty -five (45) calendar days after the date such deductions
were, or should have been made.
ARTICLE 3 — EMPLOYER RIGHTS
3.1 Employer Rights:
Any and all rights concerned with the management of the Fire Department are
exclusively that of the Employer unless otherwise provided by the terms of this
agreement or the Fire Management Civil Service Rules and Regulations.
Furthermore, the City reserves all customary management prerogatives including,
but not limited to, the right to:
A) Adopt rules for the operation of the Department and conduct of the
employees covered by this agreement;
B) Establish, plan for, and direct the work force toward the organizational
goals of the department;
C) Determine the organization, and the merits, necessity and level of activity
or service provided to the public;
D) Determine new work methods;
E) Control the Fire Department budget;
F) Establish, regulate and administer a personnel system, in conformity with
the City Charter and Fire Management Civil Service Rules and
Regulations and with this agreement, which provides for all types of
personnel transactions including determining the procedures and standards
for hiring, promotion, transfer, assignment, lay off, discipline, retention
and classification of positions;
G) Discipline, suspend, demote or discharge employees for just cause, which
shall be defined as compliance with the due process procedures outlined in
this agreement;
H) Determine the methods, means, equipment, material, numbers and kinds
of personnel and the job or position content necessary to accomplish
departmental operations and maintain the efficiency thereof;
I) Assign work to and schedule employee's in accordance with Civil Service
classifications and position descriptions and in conformity with this
agreement;
Yakima Fire Management, Teamsters #760 3
January 1, 2011— December 31, 2011
J) Relieve any employee from duty due to a lack of work or insufficient
funds as provided by in the Fire Management Civil Service Commission
Rules and Regulations and in conformity with this agreement;
K) To perform all of the functions not otherwise expressly limited by this
agreement;
L) Take all actions necessary to carry out the mission of the City in
emergencies;
M) Provided nothing in the Agreement shall be construed as a waiver of
collective bargaining rights conferred on the parties by RCW 41.56.
3.2 Scope of Management Rights
The above management rights are not to be interpreted as being all inclusive, but
merely indicate the type of rights which inherently belong to the City. It is
understood that any of the rights, power and authority the City had prior to the
signing of this agreement are retained by the City. The Employer acknowledges
that changes impacting the working conditions of employees covered by this
agreement maybe subject to bargaining as defined by RCW 41.56.
3.3 Where there is probable cause to believe that an employee is psychologically or
medically unfit to perform his/her duties, the employer may require the employee
to undergo a psychological or medical examination in accordance with current
Fire Management Civil Service rules.
3.4 Per Section 3.3 above, employees covered by this bargaining unit have been
engaged in a Random Drug Testing program. This program, or one substantially
like it, shall continue, and employees covered by the agreement shall remain
subject to the program as modified. The City retains the exclusive right to modify
its random drug testing program.
ARTICLE 4 — WAGES AND BENEFITS
Except as modified in Appendix "A ", employees covered by this agreement shall receive
benefits as outlined in the City of Yakima Municipal Code, Chapter 2, and the
Management Fringe Benefits document. The Employer acknowledges that changes to the
wages and benefits are subject to bargaining as provided by law.
ARTICLE 5 - GRIEVANCE PROCEDURE
Grievance Definition:
A grievance is an alleged violation of this Collective Bargaining Agreement.
•
Yakima Fire Management, Teamsters #760 4
January 1, 2011 — December 31, 2011
Filing a Grievance:
To be reviewable under this procedure, a grievance must be filed in writing within
fourteen (14) calendar days after the employee knew or should have known of the action
or decision giving rise to the grievance. This fourteen (14) calendar day period must be
used by the employee to attempt to informally resolve the dispute.
Computation of Time:
The time limits in this Article must be strictly adhered to unless mutually modified in
writing. Days are calendar days, and will be counted by excluding the first day and
including the last day of timelines. Transmittal of grievances, appeals and responses will
be in writing. Service on the parties is complete when delivered in person; or upon receipt
by electronic mail or by the postmarked date if sent by certified mail.
Failure by the Union to comply with the timelines will result in the automatic withdrawal
of the grievance. Failure by the employer to comply with the timelines will entitle the
Union to move the grievance to the next step of the process.
Contents:
A grievance must include the following:
a. A statement of the pertinent facts surrounding the grievance;
b. The date upon which the incident occurred;
c. The specific Article and section of the Agreement allegedly violated and a
specific description of how each alleged violation occurred;
d. The steps taken to informally resolve the grievance, the individuals
involved in the attempted resolution, and the results of such discussion;
e. The requested remedy; and
f. Signature of the affected employee and Union Representative.
The employer will not be required to process a grievance unless all the information listed
above is provided. Grievances that do not meet the above conditions or are otherwise
unclear may be returned by the Employer and the Union will have seven (7) calendar
days to provide the clarifying information and re- submit the grievance.
Modifications:
Alleged violations and/or the requested remedy may be modified only by written mutual
agreement of the parties.
Resolution:
If the Employer provides the requested remedy or a mutually agreed -upon alternative, the
grievance will be considered "fully and finally" resolved and will not be moved to the
next step.
Withdrawal:
A grievance may be withdrawn at any time.
Yakima Fire Management, Teamsters #760 5
January 1, 2011 — December 31, 2011
Processing the Grievance:
Step I — If the issue is not resolved informally, the Union may present the grievance, in
writing, to employee's supervisor with a copy to Human Resources within the fourteen
(14) day period described above. The responsible supervisor shall meet with the grievant
and the Union Representative within fourteen (14) days of the receipt of the grievance,
and respond in writing to the Union within fourteen,(14) days of the meeting.
Step II — If the grievance is not resolved at Step 1, the Union may move it to the next
step by filing it with the Fire Chief or designee, with a copy to Human Resources, within
fourteen (14) days of the Union's receipt of the Step 1 decision. The Chief or designee
will meet with the grievant and the Union Representative within fourteen (14) days of the
receipt of the appeal, and will respond in writing to the Union within fourteen (14) days
of the meeting.
Step III — If the grievance is not resolved at Step 2, the Union may move it to the next
step by filing it with the City Manager or designee, with a copy to Human Resources,
within fourteen (14) days of the Union's receipt of the Step 2 decision. The City Manager
will respond in writing to the union within thirty (30) days of the receipt of the appeal.
Step IV — If the dispute is not resolved under one of the above steps, then the matter may,
within fourteen (14) calendar days, be referred by either party to expedited mediation -
arbitration. There shall be no withholding by either side of known facts or evidence,
relating to a grievance prior to arbitration. Such withholding shall result in said facts
and /or evidence not being admissible in arbitration.
Upon demand for arbitration the parties may mutually agree to an Arbitrator or if
agreement cannot be reached, both parties shall immediately petition the Federal
Mediation and Conciliation Service for the names of seven (7) arbitrators and within
seven (7) calendar days from receipt of the list, the two (2) parties shall select one (1)
name from it by alternatively crossing off a name until one (1) remains, with the grieving
party striking first. This process for selecting an arbitrator need not be followed if both
parties agree on any person as an impartial arbitrator.
The arbiter shall not have power to add to, subtract from, or modify the provisions of this
Agreement in arriving at a decision of the issue presented; and shall confine his/her
decision solely to the interpretation, application or enforcement of this Agreement. The
arbiter shall confine himself/herself to the precise issue submitted for arbitration, and
shall have no authority to determine any other issues not so submitted to him/her. The
decision of the arbiter shall be final and binding upon the aggrieved employee, Union and
employer.
The arbitrator's fees and expenses, the cost of any hearing room, shall be borne equally
by the employer and the Union. All other costs and expenses shall be borne by the party
incurring them.
Yakima Fire Management, Teamsters #760 6
January 1, 2011 — December 31, 2011
•
ARTICLE 6 — WORK WEEK, AND HOURS OF WORK
The parties recognize that the work performed by the members of this bargaining unit is
managerial and supervisory in nature, as such the employees covered by the agreement
are salaried and considered exempt from the Fair Labor Standards Act (FLSA) and RCW
49.46.130 because of RCW 49.46.010(5)(c). Employees covered by this agreement are
accountable for their work product, meeting the objectives of the organization, and are
subject to the Employer's policies applicable to all FLSA and RCW 49.46.130 exempt
employees.
6.1 The parties acknowledge that assigned shifts may vary based on specific
assignment and needs of the department, and that historic patterns unique to both
have developed over time. Command personnel shall typically work a five (5) day
schedule Monday through Friday during normal business hours, however, due to
the nature of the work performed and need to oversee and evaluate areas of
assigned responsibility variations to this schedule will occur and except as
provided in 6.2 below, shall be considered as part of the normal work week.
6.2 Due to emergent nature and demands of, the work performed by the members of
this unit, employees may be required to return to work as the result of an
emergency. Employees required to report to work or to respond to an emergency
occurring outside of their regular workday, or on a scheduled day off, shall be
allowed to flex their regular work schedule to the extent possible. In the event
work schedules cannot be flexed to accommodate extraordinary hours, in -lieu
time may be granted by the City Manager or designee, on a case by case basis.
6.3 The Employer retains the management right to modify normal work schedules in
emergency circumstances, for performance related reasons, training purposes or
operational needs.
6.4 Except in the event of a force majeure, the Employer shall provide fourteen (14)
calendar days notice of a permanent change to an ongoing shift pattern as well as
endeavor to provide such notice for any temporary change in an employee work
schedule.
ARTICLE 7 — UNION LEAVE
7.1 One (1) Deputy Chief shall be granted leave from duty without any loss of
pay during the pre- impasse and post- impasse period as provided in RCW 41.56,
for all meetings between the City and the Union for the purpose of negotiating the
terms of a contract and /or attendance at mediation, when such meetings take
place at a time during which any such members are scheduled to be on duty.
7.2 One (1) Deputy Chief may be granted release time during normal working hours
to attend meetings for collective bargaining, labor - management, grievances, pre -
Yakima Fire Management, Teamsters #760 7
January 1, 2011 — December 31, 2011
disciplinary/disciplinary, investigatory interviews and other meeting related to
contract administration.
ARTICLE 8 — 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 State Council of Fire Fighters
Employee Benefit Trust (the "Trust Agreement ") and the Premium Reimbursement Plan
of the Washington State 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 (MSA/VEBA) 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.
ARTICLE 9 — SAVINGS CLAUSE
It is understood and agreed that if any court or board of competent jurisdiction finds any
Article, Section or portion of this Agreement to be unlawful or invalid, the remainder of
the Agreement will remain in full force and effect. If such a finding is made, the parties
agree to make themselves available to negotiate a substitute for the invalid Article,
Section or portion.
ARTICLE 10 - TERM OF AGREEMENT
Except as provided herein, this Agreement shall be in full force and effect upon execution
of both the Union and the Employer and continue from January 1, 2011 through
December 31, 2011
Yakima Fire Management, Teamsters #760 8
January 1, 2011 — December 31, 2011
Executed by the parties hereto this 31 day of J Ctflikt ry , 2011
Yakima Fire Management Unit City of Yakima
Teamsters Local #760
By: =� _. tr.
ohn Parks, Secretary /Treasurer Richar!f ais, anager
1 131 Ill • ATTEST: • AL c 1 :' KIMq `‘h
City Clerk •"• �i
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CITY CONTRACr NO: ' ' //- �� 1 "'•'
/Q -/2// ', SNING
RESOLUTION NO:,
Yakima Fire Management, Teamsters #760 9
January 1, 2011 — December 31, 2011
APPENDIX "A"
WAGES
There shall be no wage adjustment in 2011.
ANNUAL LEAVE ACCRUALS — Effective 01 /01/2011
205 hours annually — After 20 years of service
215 hours annually — After 25 years of service
DEFERRED COMPENSATION
Effective 1 /1 /11, the current employer contribution of 3.0% shall be suspended through 11:59
pm on 12/31/11 at which time it shall be restored to the current level.
VEBA
01 /01 /11 - $38,500.00 maximum cash out
LIFE INSURANCE — Effective 02/01/11
$120,000.00
CLOTHING ALLOWANCE
The City shall provide required uniforms and protective gear and cleaning of uniforms.
MEDICAL EXAMINATIONS
Complete industry standard preventive medical physical examination will be provided annually
in accordance the City of Yakima Employee Health Care Plan.
HEALTH CARE PREMIUM CONTRIBUTIONS
The health care premium contribution paid by the employees of this bargaining unit shall be
maintained at the rates currently in effect through 11:59 pm on 12/31/11, at which time the
premium will be converted back to the currently established LEOFF Management formula.
TEAMSTERS LEGAL SERVICES TRUST
Effective March 1, 2011, the Employer shall make contributions of $25.95 per month, per
bargaining unit member, to implement the Western Conference of Teamster Legal
Services Trust to SF Administrators, Inc. During the terms of this agreement future
increases will be paid 50% by the employer and 50% from employee wage deductions.
The Union agrees to defend and hold the Employer harmless from and against any and all
claims, demands, lawsuits, orders or judgments arising from the administration and effect
of this participation. The Employer's obligation under this Agreement is limited to the
payment.
Yakima Fire Management, Teamsters #760 10
January 1, 2011 — December 31, 2011
Hb. 2011 12:54PM ATPA B`L_I6 & ELG 2 51 33 308( Nc.0531 P. 2
C ."
WESTERN CONFERENCE OF TEAMSTERS LEGAL SERVICES TRUST FUND
CONTRIBUTION AGREEMENT
The TRUSTEES OF THE WESTERN CONFERENCE OF TEAMSTERS LEGAL SERVICES TRUST
FUND ("Trustees ") and CITY OF YAKIMA DIVISION MANAGERS ( "Contributor ") enter into
the following agreement:
2011
1. Effective MARCH 1. ,.,,,•,; )0_ Contributor shall pay into the Western Conference of Teamsters
Legal Services Trust Fund ( "Trust Fund ") the sum of $25.95 per month to the Trust Fund for each
Employee whose work is covered by the Collective Bargaining Agreement between the Contributor
and Teamster Local Union who works at least 80 hours in a month.
2_ The total amount due for each month under this Agreement shall be remitted to the Trust Fund in a
lump sum not later than ten days after the last business day of each month. Contributor agrees to
abide by such rules as may be established by the Trustees to facilitate the determination of the
employees for whom contributions are due, the prompt and orderly collection of such amounts, and
the accurate reporting and recording of such amounts paid on account of each Employee of the
Contributor. Contributor agrees to be bound by the Agreement and Declaration of Trust of the
Western Conference of Teamsters Legal Services Trust Fund and the Western Conference of
Teamsters Legal Services Trust Plan as now constituted or as hereafter amended, receipt of which
is hereby acknowledged, including but not limited to the provisions of said Agreement and
Declaration of Trust relating to collection of employer cons; ibutions.
3, The effective date of this Agreement is 2/1 /2011 , 200_. This Agreement shall continue in
effect until DEC 31 , 2012.
Dated: Dated: (/ t ( ZUII
• FOR THE TRUSTEES: City of Yakima Division Managers
lip Print name of Employer
Authorized Representative �;� th.rized Rep :. .ve
•
Authorized Representative Title
BUSINESS OF THE CITY COUNCIL
0 YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No cm
For Meeting Of 01/04/2011
ITEM TITLE Consideration of a Resolution authorizing and directing the City Manager to
execute a collective bargaining agreement for 2011 with Teamsters Local
#760 representing the Yakima Fire Management Unit.
SUBMITTED BY Dave Zabell, Assistant City Manager
Colleen Chapin, Deputy Human Resources Manager
CONTACT PERSON/TELEPHONE Colleen Chapin, 575 -6124
SUMMARY EXPLANATION
The Yakima Fire Management Unit was established as a bargaining unit if Teamsters Local
#760 in 2010 through the Public Employee Relations Commission The unit is comprised of
the two Deputy Chief position of the Fire Department, as such under Washington State law
negotiations with this unit are subject to binding interest arbitration As a new bargaining unit,
considerable effort was required to develop acceptable contract language and bargain wages,
hours, and working conditions
411 Attached are the Resolution and Collective Bargaining Agreement which finalizes the
negotiation process with Teamsters Local #760 Fire Management bargaining unit for 2011
The settlement package is outlined below
• 0% wage increase for 2011
• 3% decrease in City's contribution to deferred compensation
• Freeze 2011 employee medical premium at 2010 rate
• Increase Life Insurance to $120,000
Resolution X Ordinance Other (Specify)
Contract Mail to (name and address)
Phone
Funding Source
APPROVED FOR SUBMITTAL. �T
7
STAFF RECOMMENDATION Adopt Resolution authorizing the execution of the Fire
Management unit Collective Bargaining Agreement
ID BOARD /COMMISSION /COMMITTEE RECOMMENDATION
COUNCIL ACTION