Loading...
HomeMy WebLinkAboutR-2005-110 2004 - 2006 Collective Bargaining Amendments / IAFF PERS & 911 Public Safety & Lead Dispatchers (469)RESOLUTION NO. R-2005- 110 A RESOLUTION authorizing and directing the City Manager of Yakima to execute amendments to the collective bargaining agreements for calendar years 2004, 2005, and 2006 with the International Association of Firefighters, Local 469, AFL - CIO (Public Safety Dispatchers and Lead Dispatchers and PERS Fire Department Employees and 9-1-1 Calltakers). WHEREAS, pursuant to requirements of state law, labor negotiations occurred between the City and Public Safety Dispatchers and Lead Dispatchers and PERS Fire Department Employees and 9-1-1 Calltakers employees represented by the International Association of Firefighters, Local 469, AFL — CIO, resulting in collective bargaining agreements for calendar years 2004, 2005 and 2006; and WHEREAS, the City Council previously authorized and directed the City Manager of the City of Yakima to execute said collective bargaining agreements for the years 2004, 2005 and 2006 with the International Association of Firefighters, Local 469, AFL — CIO; and WHEREAS, the collective bargaining agreements contain a reopener clause pertaining to Longevity Pay, which specifies that the collective bargaining agreements shall be opened in 2005 for negotiations pertaining to Longevity Pay; and WHEREAS, pursuant to said reopener clause the parties have successfully negotiated through normal bargaining procedures amendments to Longevity Pay for the covered employees; and WHEREAS, during the course of normal bargaining procedures, the parties also discovered that clarification of the collective bargaining provisions concerning Acting Down was also prudent and necessary due to an inadvertent clerical error and/or oversight; and Page -1 WHEREAS, the City Council deems it to be in the best interests of the City that Amendments to such collective bargaining agreements be executed by the City amending the Articles pertaining to Longevity Pay and Acting Down, now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAIUMA: The City Manager of the City of Yakima is hereby authorized and directed to execute Amendments to the Collective Bargaining Agreements for the calendar years 2004, 2005 and 2006 with the International Association of Firefighters, Local 469, AFL — CIO, covering Public Safety Dispatchers and Lead Dispatchers and PERS Fire Department Employees and 9-1-1 Calltakers, copies of which Amendments are attached hereto and by reference made part hereof. ADOPTED BY THE CITY COUNCIL this 5th day of July, 2005. Paul P. George, Mayor A 1 1EST: Xf City Clerk Page -2 R- Zoa= i i a AMENDMENT TO 2004 — 2006 COLLECTIVE BARGAINING AGREEMENT COVERING PUBLIC SAFETY DISPATCHERS AND LEAD DISPATCHERS By and Between THE CITY OF YAKIMA, WASHINGTON And LOCAL 469, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO This contract amendment is entered into by and between Local 469, International Association of Firefighters, AFL — CIO, hereinafter referred to as the "Union," and the City of Yakima, hereinafter referred to as the "Employer," the purpose of amending the above referenced contract's provisions concerning Longevity Pay, and clarifying the above referenced contract's provision concerning Acting Down. The parties have agreed to the following modified articles for each respective matter: ARTICLE 17 — LONGEVITY PAY 17.1 Effective July 1, 2005, 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 2.0 9 3.5 14 5.5 19 7.0 24 9.0 26 10.0 17.2 Current Contract 18.1 Current Contract 18.2 Current Contract 18.3(a) Current Contract ARTICLE 18 — SPECIAL PAY -1- 18.3(b) Current Contract 18.3(c) Acting down. Occasionally, depending on shift strength at the time of a Calltaker unscheduled vacancy, a Dispatcher or Lead Dispatcher may be assigned to act down as a Calltaker. Such assignments are at the employee's normal rate of pay and subject to the following provision (i) Acting down opportunities shall normally occur when able to do so with the existing shift strength at the time of the unscheduled 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. 18.3(d) Current Contract 18.4 Current Contract 18.5 Current Contract 18.6 Current Contract 18.7 Current Contract The parties agree that the other provisions of the current 2004 — 2006 contract remain in effect and further agree to the contract amendments referenced in the language above. The parties confirm their agreement to the above terms and conditions by their signatures below. DATED thi day of , 2005 By. Ronald Johnson President, Loc IAFF Thomas A. Schneider Secretary — Treasurer, Local 469 IAFF -2- B Dennis Mayo Fire Chief City of Yakima CITY OF YAKIMA By: R. A. Zais, Jr. City Manager ATTEST: By: ��- Karen Roberts City Clerk City Contract Reference No. o200S-70 REJdt.GLTiON /✓o . g 2,0,5- LOCAL 469, INTERNATION ASSOCIATION OF FIREFIGHTERS, AFL — CIO AMENDMENT TO 2004 — 2006 COLLECTIVE BARGAINING AGREEMENT COVERING PERS FIRE DEPARTMENT EMPLOYEES AND 9-1-1 CALLTAKERS By and Between THE CITY OF YAKIMA, WASHINGTON And LOCAL 469, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO This contract amendment is entered into by and between Local 469, International Association of Firefighters, AFL — CIO, hereinafter referred to as the "Union," and the City of Yakima, hereinafter referred to as the "Employer," the purpose of amending the above referenced contract's provisions concerning Longevity Pay, and inserting a provision governing Acting Down. The parties have agreed to the following modified articles for each respective matter: ARTICLE 17 — LONGEVITY PAY 17.1 Effective July 1, 2005, 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 2.0 9 3.5 14 5.5 19 7.0 24 9.0 26 10.0 17.2 Current Contract 18.1 Current Contract 18.2 Current Contract ARTICLE 18 — SPECIAL PAY -1- 116 18.3(a) Current Contract 18.3(b) Current Contract 18.3(c) Acting down. Occasionally, depending on shift strength at the time of a Calltaker unscheduled vacancy, a Dispatcher or Lead Dispatcher may be assigned to act down as a Calltaker. Such assignments are at the employee's normal rate of pay and subject to the following provision (1) Acting down opportunities shall normally occur when able to do so with the existing shift strength at the time of the unscheduled 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. 18.4 Current Contract 18.5 Current Contract 18.6 Current Contract 18.7 Current Contract 18.8 Current Contract 18.9 Current Contract The parties agree that the other provisions of the current 2004 — 2006 contract remain in effect and further agree to the contract amendments referenced in the language above. The parties confirm their agreement to the above terms and conditions by their signatures below. DATED thisa, day of (A-- 2005 By By: Ronal Pres B Thomas A. S hneider Secretary — reasurer, Local 469 IAFF -2- 4/1-4 k14 ( ennis Mayo Fire Chief City of Yakima CITY OF YAKIMA By. r R. A. Zais, Jr. City Manager ATTEST: Arme City Clerk City Contractference No. ADO5-7a2 i/ O f eldahO v /VD . R aQos- AO< LOCAL 469, INTERNATION ASSOCIATION OF FIREFIGHTERS, AFL — CIO B -3- BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 11 For Meeting Of 7/5/05 ITEM TITLE: Consideration of a Resolution authorizing the execution of amendments to the 2004- 2006 Collective Bargaining Agreements Between the City of Yakima and IAFF Local 469 (Fire PERS and Public Safety Dispatchers and Lead Dispatchers) SUBMITTED BY: Dick Zais, City Manager; Dennis Mayo, Fire Chief; Sheryl M. Smith, Deputy Human Resources Manager CONTACT PERSON/TELEPHONE: Sheryl Smith, x6090 SUMMARY EXPLANATION: The 2004-2006 Collective Bargaining Agreements for the Fire PERS/911 Calltaker and Fire Public Safety Dispatch employees contained a reopener in 2005 for the single topic of Longevity Pay. Representatives from City Management and the IAFF met to negotiate this topic and agreement has been reached. The parties have agreed to the same longevity schedule as the Fire LEOFF bargaining unit effective July 1, 2005. This change has a minimal budgetary impact for 2005 of approximately $5,000 for both units combined and equalizes the longevity schedule for all three IAFF bargaining groups. Also included in this legislation are two housekeeping corrections, one in the Fire PERS/911 Calltaker Collective Bargaining Agreement and the second in the Public Safety Dispatchers and Lead Dispatchers Collective Bargaining Agreement. Inadvertently, new language regarding Article 18.3 Acting Down was left ut of the 2004-2006 Fire PERS/911 Calltaker Collective Bargaining Agreement as was the word 'unscheduled" from Article 18.3(c) of the 2004-2006 Public Safety Dispatchers and Lead Dispatchers Collective Bargaining Agreement. This legislation corrects both errors. Resolution X Ordinance Other (Specify) Contract X Mail to (name and address): Funding Source 2005 Fire and blic Safety Communications Department Budgets APPROVED FOR SUBMITTAL City Manager STAFF RECOMMENDATION: Enact Resolution Authorizing the Execution of the amendments to the Fire PERS/9-1-1 Calltakers and Public Safety Dispatchers and Lead Dispatchers Collective Bargaining Agreements. )OARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2005-110 COLLECTIVE BARGAINING AGREEMENT COVERING PUBLIC SAFETY DISPATCHERS AND LEAD DISPATCHERS By and Between THE CITY OF YAKIMA, WASHINGTON and LOCAL 469, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO EFFECTIVE: January 1, 2004, through December 31, 2006. -i- TABLE OF CONTENTS ARTICLE 1 - UNION RECOGNITION AND BARGAINING UNIT 1 ARTICLE 2 - UNION SECURITY 1 ARTICLE 3 - PAYROLL DEDUCTIONS 3 ARTICLE 4 - MANAGEMENT RIGHTS 3 ARTICLE 5 - EMPLOYEE RIGHTS 4 ARTICLE 6 - PRODUCTIVITY 5 ARTICLE 7 - EQUAL OPPORTUNITY CLAUSE 5 ARTICLE 8 - GRIEVANCE PROCEDURE 5 ARTICLE 9 - RELEASE FROM DUTY 8 ARTICLE 10 - COLLECTIVE BARGAINING COMMITTEES 10 ARTICLE 11 - COLLECTIVE BARGAINING PROCEDURE 10 ARTICLE 12 - PROMOTIONAL STANDARDS 11 ARTICLE 13 - REFRESHMENT FUNDS 12 ARTICLE 14 - WAGES 11 ARTICLE 15 - HEALTH CARE INSURANCE 13 ARTICLE 16 - LIFE INSURANCE 15 ARTICLE 17 - LONGEVITY PAY 15 ARTICLE 18 - SPECIAL PAYS 13 ARTICLE 19 - VACATION LEAVE 18 ARTICLE 20 - HOLIDAYS 20 ARTICLE 21 - SICK LEAVE ACCRUAL/EXCHANGE 21 ARTICLE 22 - SICK LEAVE POOL 23 ARTICLE 23 - BIRTHING LEAVE/MATERNITY LEAVE 24 -i- ARTICLE 24 - LIGHT DUTY 24 ARTICLE 25 - COMPENSATORY TIME OFF 25 ARTICLE 26 - PUBLIC SAFETY DISPATCH OPERATIONS 26 ARTICLE 27 - HOURS OF WORK AND OVERTIME 28 ARTICLE 28 - TOBACCO USE ON DUTY 29 ARTICLE 29 - PHYSICAL FITNESS 30 ARTICLE 30 - DEFERRED COMPENSATION 30 ARTICLE 31 - DISCIPLINE AND DISCIPLINARY PROCEDURES 31 ARTICLE 32 - PROPERTY LIABILITY 31 ARTICLE 33 - MUNICIPAL CODE SECTIONS PERTAINING BARGAINING UNIT MEMBERS 31 ARTICLE 34- ENTIRE AGREEMENT 32 ARTICLE 35 - SAVINGS CLAUSE 33 ARTICLE 36 - CREATION OF NEW CLASSIFICATIONS 33 ARTICLE 37 - CLASSIFICATION STUDIES 33 ARTICLE 38 - VEBA MEDICAL SAVINGS ACCOUNT 34 ARTICLE 39 - TERM OF AGREEMENT 34 COLLECTIVE BARGAINING AGREEMENT COVERING PUBLIC SAFETY DISPATCHERS AND LEAD DISPATCHERS 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 2004, 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 Lead Public Safety Dispatchers. Excluded from the bargaining unit are the Chief of Police, Fire Chief, Public Safety Communications Division Manager, Public Safety Communications Supervisor 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 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, causes of action, or lawsuits arising from such deductions and/or the transmittal of such deductions to the Union. 3.2 In the event the City receives a written notice, signed by any person from whose pay such deductions are being made, that no further deductions are to be made, the City shall make no such deductions from any pay earned by that person after receipt by the City of such notice. The City shall notify the Union of all such notices received by the City, which notification to the Union shall be given in writing within seven (7) calendar days after the receipt by the City of such notice and shall include the name of the person involved. ARTICLE 4 - MANAGEMENT RIGHTS 4.1 The Union recognizes the prerogative of the City to operate and manage its affairs in all respects in accordance with its responsibilities, lawful powers and legal authority. City affairs which are not included within negotiable matters pertaining to wages, hours and working conditions are inclusive of the following, but not limited thereto: (a) The right to establish and institute work rules and procedures upon reasonable notice to bargaining unit members. All personnel rules and policies developed by the Employer, which are intended to be applicable to Union members shall be in written form and posted in the division manual. -3- (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 f or 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. -4- 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. 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. 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; 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. ARTICLE 8 — GRIEVANCE PROCEDURE 8.1 Polic. The parties recognize that the most effective accomplishment of the work of the City requires prompt -5 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 his grievance with the PSCS. Said PSCS shall make an investigation of the relevant facts and circumstances of the complaint and provide a written decision within seven (7) working days. (c) Step 2- Grievance timely filed in writing with Division Manager - If the employee and the PSCS 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 PSCS written decision, submit the written grievance to the Division Manager. The Division Manager shall conduct an investigation and provide a written decision within twenty (20) working days of receipt of the grievance. (d) Step_3 - Grievance Appealed To Chiefs - If the employee and Division 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 Department. The Chiefs shall make a separate investigation of the issue(s) and jointly notify the employee in writing of their decision, and the reasons therefore, within twenty (20) working days. (e) Step 4 - Grievance Appealed To City Manager - If the grieving party is dissatisfied with the decision of the Chiefs of the Department, 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. (f) Step 5 - 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. A joint request of the Union and the City Manager shall then be forwarded to the Public Employment Relations Commission (PERC) within twenty (20) working days for assignment of an arbitrator from its staff. Subsequent hearing(s) will be governed by the rules and procedures of PERC. The arbitrator shall render a decision as promptly as possible. The arbitrator shall confine himself/herself to the issues submitted for arbitration and shall have no authority to determine any other issues not so submitted to him/her. The arbitrator shall have jurisdiction and authority only to interpret, apply or determine compliance with the specific terms of the Agreement and shall not have jurisdiction to 7- 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. Expenses and fees incumbent to the services of the arbitrator shall be borne equally by the Employer and the Union. (g) 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(f), Step 5, above. (h) If the subject matter of a grievance could be appealed to the Civil Service Commission for fire employees of the City of Yakima, the matter may be submitted for determination to the Civil Service Commission or arbitration, but not both. After the Union has received the City Manager's answer at Step 4, it will advise the affected employee whether it is willing to submit the grievance to arbitration and, if so, the employee shall elect within 10 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(f), Step 5, above. (b) A grievance may be entertained in or advanced to any step in the grievance procedure if the parties so jointly agree. (c) The time limits within which action must be taken or a decision made as specified in this procedure may be extended by mutual written consent of the parties involved. A statement of the duration of such extension of time must be signed by both parties involved at the step to be extended. $" (d) Non -contract disputes onl: 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. 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 -9' 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 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 �0 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 Dispatch 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 and regulations 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. 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. 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 1-1-04 the base salary for bargaining unit members shall be increased by two (2%) percent. 14.2 Effective 1-1-05 the base salary for bargaining unit members shall be increased by two (2%) percent. 12 14.3 Effective 1-1-06 the base salary for bargaining unit members shall be increased by 100% blended average US Cities Average CPIw and Seattle Tacoma Bremerton CPI, Minimum 1.5%, Maximum 3.5% (June). 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) January 1, 2004 - December 31, 2004 (i) Employee Health Care Premium Contribution: Bargaining unit member employee only health care coverage shall be paid for by the City and shall be at no cost to the employee. Bargaining unit members will be given the option to pay the difference in premium between the designated 100% coverage for LEOFF I and the City's "Plan", except that the deductible shall be as stated in the "Plan". (ii) Dependent Health Care Premium Contributions: The City and the employee shall share dependent medical program premiums on a 50% by the employer and 50% by the employee basis, with the maximum employee contribution not to exceed the rate which was in effect on December 31, 2003 ($140.00 mo). 13 (iii) Dental Care Premium Contributions: The City shall pay the premium for bargaining unit member employee and dependent dental care coverage. (b) January 1, 2005 - December 31, 2006 (i) Employee Health Care Premium Contribution: Bargaining unit member employee only health care coverage shall be paid for by the City and shall be at no cost to the employee. Bargaining unit members will be given the option to pay the difference in premium between the designated 100% coverage for LEOFF I and the City's "Plan", except that the deductible shall be as stated in the "Plan". (ii) Dependent Health Care Premium Contributions: The City and the employee shall share dependent medical program premiums on a 50o by the employer and 50% by the employee basis, with a maximum employee contribution of $154 per month. (iii) Dental Care Premium Contributions: The City shall pay the premium for bargaining unit member employee and dependent dental care coverage. (c) 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. 14 (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. 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 Pati 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. 17.2 This Contract shall be opened in 2005 for Article 17 - Longevity only and will be negotiated between the City and the Union in accordance with normal bargaining procedures. i5 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 Lead Public Safety Dispatcher, Public Safety Communications Supervisor 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. Furthermore, that employee 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. 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 Lead Dispatcher assignment not required when Communications Supervisor is present. Communications Supervisor shall assume the supervisory duties of Lead Dispatcher. �6 (ii) Acting Communications Supervisor not required when Communications present. Communications assume the duties Supervisor. assignment Manager is Manager shall of Communication (c) Acting down. Occasionally, depending on shift strength at the time of a Calltaker vacancy, a Dispatcher or Lead Dispatcher may be assigned to act down as a Calltaker. Such assignments are at the employee's normal rate of pay and subject to the following provision. (i) Acting down 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. (d) General Provisions (i) Generally the acting Lead Dispatcher assignments shall be offered first to the most senior Dispatcher on the shift of the Lead that caused the vacancy. Acting Communications Supervisor short-term assignments shall be offered first to the Lead Dispatcher on duty. Acting Communications Supervisor long-term assignments shall be offered first to the Lead Dispatcher with the most seniority. (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 Lead Dispatchers, twelve (12) hours except on the "short days" when the shift shall be eight (8) hours. In the case of the Communications Supervisor a full shift shall most commonly be eight (8) hours. 17 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 receive premium pay for all hours worked, but not less than two (2) hours of premium pay. (b) The call back bonus will not be available for a "hold over" defined as an extension of a regular or reassigned shift due to manning requirements or an emergency circumstance. However, premium pay shall be paid for work performed. 18.5 Mileage. The City shall pay each employee for his use, at the request of the City, of his 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. 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 $45.00 per month when actively training, provided the are so engaged at least 75 percent of the hours in the month. ARTICLE 19 - VACATION LEAVE 19.1 Each bargaining unit member shall earn vacation leave for years of service at the following rates: 18 (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; (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 75% of the annual accrual rate for vacation must have been used during the year in order to qualify for the payment; provided, however, if the Employer cancels an employee's scheduled vacation and this canceling results in vacation 19 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. ARTICLE 20 - HOLIDAYS 20.1 Holidays With Pay. (a) Day Off. If an employee performs no work on a holiday, within ninety (90) days that employee shall have time off equal to the number of hours scheduled most frequently in his regularly scheduled shifts. (b) Day On. If an employee performs work on a holiday, that employee shall receive his/her regular pay plus time and one-half (1.5) pay for all hours worked. The employee shall have the option of receiving comp -time as specified in Article 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 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. ARTICLE 21 - SICK LEAVE ACCRUAL/EXCHANGE 21.1 For the purposes of this Article only, a day shall be construed as eight (8) hours. 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: 21 (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 Fifteen Thousand Dollars ($15,000.00). Effective 1-1-05 this limit shall be increased to 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 Exchance. Employees who have accrued more than seven hundred twenty (720) hours may exchange such sick leave for bonus (additional) leave at the rate of thirty-two (32) hours of sick leave for each eight (8) hours of vacation, not to exceed a total of forty (40) hours added leave time annually, utilization of which would be subject to the scheduling and approval by the department head. Effective 1-1-02 such exchange shall be at the rate of twenty-four (24) hours of sick leave for each eight (8) hours of vacation. (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 22 requests shall be in writing and shall be signed by the employee making the request. (ii) Requests will be accepted only during the first five (5) working days of each month with exchanged leave to be available within fifteen (15) calendar days of the date the request is received by the office of the Director 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 23 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. 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 24 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 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. 25 (c) The amount of shared leave available in the leave pool. 22.6 The Union Executive Board shall make every reasonable effort to 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. 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 Male bargaining unit members shall be authorized to use sick leave on the day his wife gives birth. The employee shall be released by his supervisor upon the arrival of a replacement if such is needed to maintain Division daily 26 staffing requirements. If the employee's sick leave has been exhausted, vacation, holiday or compensatory time, or other accrued time off may be used in lieu of sick leave. 23.2 The Union and the City agree to jointly develop appropriate language to add to this article to cover the impacts of mandates by State and Federal statutes. ARTICLE 24 - LIGHT DUTY 24.1 Off-duty extended injury, illness, or pregnancy Bargaining unit members who are off-duty due to an extended injury, illness, or pregnancy and cannot perform their regular duties may request in writing to the Chief(s) of the Department(s) an assignment to light duty. This request may be made at the end of (7) days after the point of the injury, illness, or notification of pregnancy. 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 (30) days and will be reviewed by the Chief(s) of the Department(s) to determine any extension of the assignment. 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. Employees assigned to light duty on an 8 hour day shift who have previously been assigned to a 24 hour shift will have their sick leave hours converted on the basis of one (1) hour sick leave for every three (3) hours accrued. This exchange will cause an employee that has a maximum accumulated sick leave from a 24-hour shift (1440 hours) to go to 480 hours. Any excess of the day sick leave of 480 hours that an employee had earned while on the 24 hour shift will go into a pool to be returned to that employee upon return to work on a 24 hour shift. If the employee cannot be returned to shift work for any reason those excess hours held in the pool would go into the sick leave pool. In no case can the employee gain more than 100% of sick leave or income from this assignment. 27 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 (30) days and will be reviewed by the Chief(s) of the Department(s) to determine any extension of the assignment. 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. Employees assigned to light duty on an 8 hour day shift who have previously been assigned to a 24 hour shift will have their sick leave hours converted on the basis of one (1) hour sick leave for every three (3) hours accrued. This exchange will cause an employee that has a maximum accumulated sick leave from a 24-hour shift (1440 hours) to go to 480 hours. Any excess of the day sick leave of 480 hours that an employee had earned while on the 24 hour shift will go into a pool to be returned to that employee upon return to work on a 24 hour shift. In no case can the employee gain more than 100% of sick leave or income from this assignment. 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 28 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. 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: Roxy Nicholson Ray Ochs Carol Schnellman Jim Kennard Frances Moritz Katy C. Ybarra 29 26.2 New Public Safety Dispatchers and Lead Dispatchers. All vacancies for Public Safety Dispatchers and Lead Dispatchers shall be filled according to the Public Safety Dispatcher and Lead Dispatcher class specification. 26.3 Public Safety Dispatch Personnel (a) Use of Oualified Employees. Persons assigned to work independently as Public Safety Dispatchers in the 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 Lead Public Safety Dispatcher. 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 Lead Dispatcher is contacted as soon as possible for replacement. This condition shall exist only until such time as another Public Safety Dispatcher or Lead Dispatcher 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 30 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 Public Safety Dispatcher and Lead Dispatcher 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 Work schedule 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 31 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 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 a Public Safety Dispatcher or Lead Public Safety Dispatcher is 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 Lead Public Safety Dispatcher or Division supervision, 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 32 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. ARTICLE 29 - PHYSICAL FITNESS 29.1 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 work loads 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. 33 29.2 Employees in this bargaining unit shall be required to have physical examinations to be scheduled by and at the expense of the City. Examinations shall be required every 2 years beginning at the age of 40. 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. 29.3 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 a statement to the Chiefs regarding the employee's fitness for duty with a copy to the employee. ARTICLE 30 - DEFERRED COMPENSATION 30.1 Effective 1-1-01, 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. 30.2 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 31 - DISCIPLINE AND DISCIPLINARY PROCEDURES 31.1 Both parties have agreed to continue to work on and to complete a progressive discipline policy. ARTICLE 32 - PROPERTY LIABILITY 32.1 The City shall provide full physical damage insurance on City vehicles which shall include Public Safety Division 34 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 33 - MUNICIPAL CODE SECTIONS PERTAINING BARGAINING UNIT MEMBERS 2.04 2.04.010 2.04.030 2.16 2.16.010 2.20 2.20.010 2.20.040 2.20.060 2.20.070 2.20.080 2.20.085 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 Group Insurance Plan Adopted City Contributions Bonds For Officers Bonds Required - Amount Salaries Persons Subject to the Plan Policy for Pay Steps Transfer, Promotion, Reclassification, Demotion or Reinstatements of Employees Reduction in Salary Effect on Budget Reimbursement for Expenditures 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 - Eligibility - Restrictions Longevity Plan - Service Recognition Award Leave Of Absence for Service in Armed Forces 35 2.40 2.40.010 2.40.020 2.40.030 2.40.040 2.40.050 2.40.060 2.40.070 2.44 2.44.030 2.44.040 2.44.050 2.44.060 Leaves Of Absence Eligible Employees Vacation Leave Sick Leave Civil Leave Military Leave Leave Without Pay Unauthorized Absence Lobbying by City Personnel Permitted Activities of Representatives Payment for Services of Representative Prohibited Expenditures Ethical Practices and Conduct In cases of conflict between the Municipal Code and this Agreement, the latter shall control. Nothing herein shall alter the parties' rights and obligations to bargain collectively concerning proposed changes in the Municipal Code that affect wages, hours or working conditions of bargaining unit employees. ARTICLE 34 — ENTIRE AGREEMENT 34.1 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. 34.2 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. 34.3 The problem resolving meetings shall not result in any modifications to this collective bargaining agreement except by mutual written agreement by the parties. ARTICLE 35 — SAVINGS CLAUSE 36 35.1 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 36 - CREATION OF NEW CLASSIFICATIONS 36.1 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 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 37 - CLASSIFICATION STUDIES 37.1 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 to a 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 38 VESA MEDICAL SAVINGS ACCOUNT 37 38.1 The Bargaining Unit shall have the option of See' .' participating in a medical savings trust fund. Participation L'-, Almog3 of the members shall be either all-in or all-out depending on "4�Q the vote of body. This trust fund shall be funded by the a* employee's sick leave cash out at the time of retirement. ARTICLE 39 TERM OF THE AGREEMENT 39.1 This Agreement shall be deemed effective from and after the 1st day of January, 2004 through the 31st day of December, 2006; 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. Executed by the parties hereto this S day of 5Y41k4Z2004 Recommended by: By: By: 7 1 `,/ 6E'y Ronald ohn-on Dennis Mayo Preside,. Local 469 Fire Chief IAFF City of Yakima By: Thomas A. Schneider Secretary -Treasurer, Local 469 IAFF CITY OF YAKIMA: By: R. A. Zais, Jr. City Manager ATTEST: By: Karen Roberts City Clerk City Contract No. ,ReV-V-/.0 Xesd/c fii/L) LOCAL 469, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS,AFL-CIO 39 LETTER OF UNDERSTANDING This letter of understanding is between the City of Yakima and Yakima Fire Fighters Local 469, LA.F.F. The VEBA language in Article 38 of the CBA covering Public Safety Dispatchers and Lead Dispatchers and in Article 38 of the CBA covering PERS Fire Department Employees and 9-1-1 Calltakers when signed on September 5, 2004 was a clerical error and the following language has been inserted into both CBA's to reflect the correct intent of the article. ARTICLE 38 VEBA MEDICAL SAVINGS ACCOUNT 38.1 The City and the Union have agreed to implement a medical reimbursement plan for Bargaining Unit members for the term of this agreement. The City shall participate in the MSA/VEBA Medical Reimbursement Plan for Public Service Employees in the Northwest (the "Plan") and agrees to make contributions to the Plan on behalf of all employees in the Collective Bargaining Unit who are eligible to participate in the plan by reason of having excess sick leave conversion rights. For the purposes of this article excess sick leave conversion rights are defined as sick leave cash -outs at retirement. Contributions on behalf of each eligible employee shall be based on the cash -out value of sick leave hours accrued by such employee and available for cash -out at retirement. All eligible employees shall be required to sign and submit to the City a MSA/VEBA Membership Enrollment Form at retirement. If an eligible employee fails to sign and submit such agreement to the City, he/she will not be permitted to participate in the Plan at retirement, and any and all sick leave cash -outs shall be forfeited. Ronald Johns* President, L401469 IAFF I/ Ray Ochs PERS Negotiator, Local 469 IAFF Communications SuperrVisor AiVaYnc,Waptrand Public Sa ety Communications Manager Rick Ringer BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. ,—. For Meeting Of 9/7/04 ITEM TITLE: (a) Consideration of a Resolution authorizing the execution the 2004-2006 Collective Bargaining Agreements Between the City of Yakima and IAFF Local 469 (Fire PERS and Public Safety Communications) and (b) An Ordinance Amending the classification and Compensation Plan for Certain City employees specifically Subsections 110A and F of Section 2.20.110 SUBMITTED BY: Dick Zais, City Manager; Dennis Mayo, Fire Chief; Steve Scott and Brian Schaeffer, Deputy Fire Chiefs; Sheryl M. Smith, Deputy Human Resources Manager CONTACT PERSON/TELEPHONE: Sheryl Smith, x6090 SUMMARY EXPLANATION: The attached resolution authorizes two, three year Agreements with the IAFF, Local 469 for the Fire PERS and Public Safety Communications bargaining units. These contracts represent the result of several months of negotiations between the parties. The 2004-2006 economic settlement packages are outlined below: Topic 2004 2005 2006 Wages Health Insurance 1/1/04-2.0% No change 1/1/05 - 2.0% Increase employee contribution from $140/mo to $154/mo. • continued on Page 2 • 100% of the avg. of the US Cities CPI -W and Seattle CPI - W June -June; min. 1.5% -max. 3.5% Maintain $154/mo. employee contribution Resolution X Ordinance Contract X X Other (Specify) Mail to (name and address): Funding Source Fire Department Operations Budget APPROVED FOR SUBMITTAL -Pity Manager STAFF RECOMMENDATION: Adopt Resolution Authorizing the Execution of the Fire PERS and Public Safety Communications Collective Bargaining Agreements and pass ordinance. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION R-2004-140 Ordinance passed. ORDINANCE 2004-53 Topic Longevity 2004 2005 2006 Speciality Pays •Acting Pay •Bilingual Pay •Trainer Pay Sick Leave Cashout at Retirement Vacation Leave No change Min. of 5% $40/mo $45/mo No change Eliminate requirement of employment prior to 1/1/81 for eligibility for vacation accrual a t 20 yrs at 192 hours Reopener on longevity only No change No change No change Increase sick cashout maximum $15,000 to $16,000 No change leave from No change No change No change No change No change No change According to the City's calculations, the estimated tentative economic agreement cost is 9.21% or $147,280 over two years for both bargaining units. The financial impact of this settlement is within the budgeted resources for 2004. - Page 2 - AMENDMENT TO 2004 — 2006 COLLECTIVE BARGAINING AGREEMENT COVERING PUBLIC SAFETY DISPATCHERS AND LEAD DISPATCHERS By and Between THE CITY OF YAKIMA, WASHINGTON And LOCAL 469, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO This contract amendment is entered into by and between Local 469, International Association of Firefighters, AFL — CIO, hereinafter referred to as the "Union," and the City of Yakima, hereinafter referred to as the "Employer," the purpose of amending the above referenced contract's provisions concerning Longevity Pay, and clarifying the above referenced contract's provision concerning Acting Down. The parties have agreed to the following modified articles for each respective matter ARTICLE 17 — LONGEVITY PAY 17.1 Effective July 1, 2005, 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 2.0 9 3.5 14 5.5 19 7.0 24 9.0 26 10.0 17.2 Current Contract 18.1 Current Contract 18.2 Current Contract 18.3(a) Current Contract ARTICLE 18 — SPECIAL PAY -1- r 2 0041-4 0 1 CITY OF YAKIMA R. A. Zais, Jr. City Manager ATTEST: By • K,e(A-(2-,,,_ Af le -0 -6 -%td-' Karen Roberts 1- r- as - City -City Clerk City Contract Reference No. o2OO5-70 We:5°1-147n° Al A/s .►i�-,,opt- //D LOCAL 469, INTERNATION ASSOCIATION OF FIREFIGHTERS, AFL - CIO RESOLUTION NO. R-2005- 110 A RESOLUTION authorizing and directing the City Manager of Yakima to execute amendments to the collective bargaining agreements for calendar years 2004, 2005, and 2006 with the International Association of Firefighters, Local 469, AFL - CIO (Public Safety Dispatchers and Lead Dispatchers and PERS Fire Depaiunent Employees and 9-1-1 Calltakers). WHEREAS, pursuant to requirements of state law, labor negotiations occurred between the City and Public Safety Dispatchers and Lead Dispatchers and PERS Fire Department Employees and 9-1-1 Calltakers employees represented by the International Association of Firefighters, Local 469, AFL — CIO, resulting in collective bargaining agreements for calendar years 2004, 2005 and 2006; and WHEREAS, the City Council previously authorized and directed the City Manager of the City of Yakima to execute said collective bargaining agreements for the years 2004, 2005 and 2006 with the International Association of Firefighters, Local 469, AFL — CIO; and WHEREAS, the collective bargaining agreements contain a reopener clause pertaining to Longevity Pay, which specifies that the collective bargaining agreements shall be opened in 2005 for negotiations pertaining to Longevity Pay; and WHEREAS, pursuant to said reopener clause the parties have successfully negotiated through normal bargaining procedures amendments to Longevity Pay for the covered employees; and WHEREAS, during the course of normal bargaining procedures, the parties also discovered that clarification of the collective bargaining provisions concerning Acting Down was also prudent and necessary due to an inadvertent clerical error and/or oversight; and Page -1 WHEREAS, the City Council deems it to be in the best interests of' the City that Amendments to such collective bargaining agreements be executed by the City amending the Articles pertaining to Longevity Pay and Acting Down, now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute Amendments to the Collective Bargaining Agreements for the calendar years 2004, 2005 and 2006 with the International Association of Firefighters, Local 469, AFL — CIO, covering Public Safety Dispatchers and Lead Dispatchers and PERS Fire Department Employees and 9-1-1 Calltakers, copies of which Amendments are attached hereto and by reference made part hereof. ADOPTED BY THE CITY COUNCIL this 5th day of July, 2005. Paul P. George, Mayor A I'I',ST: City Clerk Page -2 COLLECTIVE BARGAINING AGREEMENT COVERING PERS FIRE DEPARTMENT EMPLOYEES AND 9-1-1 CALLTAKERS By and Between THE CITY OF YAKIMA, WASHINGTON and LOCAL 469, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO EFFECTIVE: January 1, 2004, through December 31, 2006. -i - TABLE OF CONTENTS ARTICLE 1 - UNION RECOGNITION AND BARGAINING UNIT 1 ARTICLE 2 - UNION SECURITY 1 ARTICLE 3 - PAYROLL DEDUCTIONS 3 ARTICLE 4 - MANAGEMENT RIGHTS 3 ARTICLE 5 - EMPLOYEE RIGHTS 4 ARTICLE 6 - PRODUCTIVITY 5 ARTICLE 7 - EQUAL OPPORTUNITY CLAUSE 5 ARTICLE 8. - GRIEVANCE PROCEDURE 5 ARTICLE 9 - RELEASE FROM DUTY 10 ARTICLE 10 - COLLECTIVE BARGAINING COMMITTEES 10 ARTICLE 11 - COLLECTIVE BARGAINING PROCEDURE 11 ARTICLE 12 - PROMOTIONAL STANDARDS 12 ARTICLE 13 - REFRESHMENT FUNDS 12 ARTICLE 14 - WAGES 13 ARTICLE 15 - HEALTH CARE INSURANCE 11 ARTICLE 16 - LIFE INSURANCE 13 ARTICLE 17 - LONGEVITY PAY 14 ARTICLE 18 - SPECIAL PAYS 16 ARTICLE 19 - VACATION LEAVE 18 ARTICLE 20 - HOLIDAYS 17 ARTICLE 21 - SICK LEAVE ACCRUAL/EXCHANGE 18 ARTICLE 22 - SICK LEAVE POOL 23 ARTICLE 23 - BIRTHING LEAVE/MATERNITY LEAVE 26 - 1 - ARTICLE 24 - LIGHT DUTY 23 ARTICLE 25 - COMPENSATORY TIME OFF 25 ARTICLE 26 - PUBLIC SAFETY COMMUNICATIONS OPERATIONS 25 ARTICLE 27 - HOURS OF WORK AND OVERTIME 26 ARTICLE 28 - TOBACCO USE ON DUTY 27 ARTICLE 29 - PHYSICAL FITNESS 27 ARTICLE 30 - DEFERRED COMPENSATION 31 ARTICLE 31 - DISCIPLINE AND DISCIPLINARY PROCEDURES 26 ARTICLE 32 - PROPERTY LIABILITY 29 ARTICLE 33 - MUNICIPAL CODE SECTIONS PERTAINING BARGAINING UNIT MEMBERS 29 ARTICLE 34 - ENTIRE AGREEMENT 30 ARTICLE 35 - SAVINGS CLAUSE 30 ARTICLE 36 - CREATION OF NEW CLASSIFICATIONS 31 ARTICLE 37 - CLASSIFICATION STUDIES 31 ARTICLE 38 - VEBA MEDICAL SAVINGS ACCOUNT 31 ARTICLE 39 - TERM OF THE AGREEMENT 31 COLLECTIVE BARGAINING AGREEMENT COVERING PERS FIRE DEPARTMENT EMPLOYEES AND 9-1-1 CALLTAKERS 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 2004, by and between the City of Yakima, Washington, hereinafter called the City, and local 469, International Association of Firefighters, AFL-CIO, hereinafter called the Union. GENERAL PROVISIONS ARTICLE 1 - UNION RECOGNITION AND BARGAINING UNIT 1.1 The City hereby recognizes the Union as the exclusive bargaining representative for all regular Fire Department employees in the Public Employees Retirement System (PERS) classifications and 9-1-1 Calltakers. Excluded from the bargaining unit are the Fire Chief, Deputy Fire Chief, Battalion Chiefs, Administrative Assistant, Uniformed Firefighter personnel, Fire Dispatchers, Alarm Supervisor, Public Safety Communications Division Manager, and temporary employees. 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 Public Employee -1- 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, causes of action, or lawsuits arising from such deductions and/or the transmittal of such deductions to the Union. 3.2 In the event the City receives a written notice, signed by any person from whose pay such deductions are being made, that no further deductions are to be made, the City shall make no such deductions from any pay earned by that person after receipt by the City of such notice. The City shall notify the Union of all such notices received by the City, which notification to the Union shall be given in writing within seven (7) calendar days after the receipt by the City of such notice and shall include the name of the person involved. ARTICLE 4 - MANAGEMENT RIGHTS 4.1 The Union recognizes the prerogative of the City to operate and manage its affairs in all respects in accordance with its responsibilities, lawful powers and legal authority. City affairs which are not included within negotiable matters pertaining to wages, hours and working conditions are inclusive of the following, but not limited thereto: (a) The right to establish and institute work rules and procedures upon reasonable notice to bargaining unit members. All personnel rules and policies developed by the Employer which are intended to be applicable to Union members shall be in written form and posted in the department manual. -3- (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 department 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. -4- ARTICLE 6 - PRODUCTIVITY 6.1 The parties mutually recognize the improving productivity in order to provide at reduced costs. The Union agrees to actively participate in studies and agrees to implementation of programs to promote productivity and to reduce departmental costs. the parties is to jointly work to reduce overtime desirability of maximum services cooperate and discuss the efficiency, The goal of 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. 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; 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. 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 -5' 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 (PERS) - Discussion With Supervisor - As soon as possible, but in no case later than the time period specified above, an employee shall first discuss his grievance with his immediate supervisor. Said supervisor shall make an investigation of the relevant facts and circumstances of the complaint and provide a written decision within seven (7) working days. Step 1 (Calltaker) - 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 his grievance with the PSCS. Said PSCS shall make an investigation of the relevant facts and circumstances of the complaint and provide a written decision within seven (7) working days. (c) Step 2 (PERS) - Grievance timely filed in writing with Division Supervisor - If the employee and the immediate supervisor 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 immediate supervisors written decision, submit the written grievance to the Division Supervisor. The Division Supervisor shall conduct an investigation and provide a written decision within twenty (20) working days of receipt of the grievance. Step 2 (Calltaker) - Grievance timely filed in writing with Division Manager - If the employee and the PSCS 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 PSCS written decision, submit the written grievance to the Division Manager. The Division Manager shall conduct an investigation and provide a written decision within twenty (20) working days of receipt of the grievance. (d) Step_3 (PERS) - Grievance Appealed To Chief - If the employee and Division Supervisor 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 Chief of the Department. The Chief shall make a separate investigation of the issue(s) and notify the employee in writing of his decision, and the reasons therefore, within twenty (20) working days. Step_3 (Calltaker) - Grievance Appealed To Chiefs. If the employee and Division 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 Department. The Chiefs shall make a separate investigation of the issue(s) and jointly notify the employee in writing of their decision, and the reasons therefore, within twenty (20) working days. (e) Step 4 - Grievance Appealed To City Manager - If the grieving party is dissatisfied with the decision of the Chief(s) of the Department, the employee may within twenty (20) working days request a review by the City Manager. The City -7' Manager shall forward a written decision to the employee within twenty (20) working days from receipt of the grievance. (f) Step 5 - 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. A joint request of the Union and the City Manager shall then be forwarded to the Public Employment Relations Commission (PERC) within twenty (20) working days for assignment of an arbitrator from its staff. Subsequent hearing(s) will be governed by the rules and procedures of PERC. The arbitrator shall render a decision as promptly as possible. The arbitrator shall confine himself/herself to the issues submitted for arbitration and shall have no authority to determine any other issues not so submitted to him/her. The arbitrator shall have jurisdiction and authority only to interpret, apply or determine compliance with the specific terms of the Agreement and shall not have jurisdiction to add to, detract from or alter in any way the provisions of this Agreement. The decision within the jurisdiction of the arbitrator shall be final and binding upon both parties. Expenses and fees incumbent to the services of the arbitrator shall be borne equally by the Employer and the Union. (g) 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(f), Step 5, above. (h) If the subject matter of a grievance could be appealed to the Civil Service Commission for fire employees of the City of Yakima, the matter may be submitted for determination to the Civil Service Commission or arbitration, but not both. After the Union has received the City Manager's answer at Step 4, it will advise the affected employee whether it is willing to submit the grievance to arbitration and, if so, the employee shall elect within 10 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(f), Step 5, above. (b) A grievance may be entertained in or advanced to any step in the grievance procedure if the parties so jointly agree. (c) The time limits within which action must be taken or a decision made as specified in this procedure may be extended by mutual written consent of the parties involved. A statement of the duration of such extension of time must be signed by both parties involved at the step to be extended. (d) Non -contract disputes only: Wages, hours and working conditions not specifically covered by the terms and conditions of this Agreement shall be subject to the 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 -9- be binding on the parties in non -contractual grievances. 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 Chief, 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 Department established minimum manning levels are maintained after the absence of the person(s) to be released on Union Business Leave. Officers and members of the Union designated by the Union may use Union business leave from any of the 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 10 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 exceed three (3) in number, shall be granted leave in the post -impasse period without loss of pay, except that when such leave reduces the manpower level below that established as the minimum manpower requirement of the Department, such leave shall be without pay. ARTICLE 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. 11.3 Impasse Resolution (a) Mediation - In the event the Union and the City are unable to resolve any negotiable matters relating to wages, hours, and working conditions for PERS employees, and before any final City Council action by ordinance, resolution or otherwise, either party may request mediation. Said request must be filed within seven (7) calendar days from the declaration of impasse. Before mediation is requested, the unresolved matter may be reduced to writing and reasonable (b) notice given to the other party of intentions to seek mediation. Mediation shall be conducted by the Washington State Public Employment Relations Commission. Consideration by City Council - In the event the Union and the City are unable to resolve any negotiable matters relating to wages, hours, and working conditions for PERS employees, such unresolved matters may be submitted by either party hereto, to the Yakima City Council for discussion and consideration by that body in an effort to satisfactorily settle such unresolved matter prior to any final City Council action by ordinance, resolution or otherwise. Such consideration by the Council shall be made within fifteen(15) calendar days following a written request. The parties shall have the right to be in attendance and be heard. 11.4 If the Union and the City desires that there be mediation as provided above, in Section 11.3 (a), the Union or the City must request in writing to the other party that such mediation procedure be complied with prior to the submittal of the matter to the City Council for consideration. ARTICLE 12 - PROMOTIONAL STANDARDS 12.1 Promotions shall be determined in accordance with the rules and regulations 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. 12.2 Upon being promoted from 911 Calltaker to Public Safety Dispatcher an employee that is at steps A, B or C will be promoted to Public Safety Dispatcher Step C. Those 911 Calltakers at steps D or E will be promoted to step D. ARTICLE 13 - REFRESHMENT FUNDS 13.1 The Union may authorize bargaining unit members to furnish in-house refreshments; provided that any 12 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 1-1-04 the base salary for bargaining unit members shall be increased by two (2%) percent. 14.2 Effective 1-1-05 the base salary for bargaining unit members shall be increased by two (2%) percent. 14.3 Effective 1-1-06 the base salary for bargaining unit members shall be increased by 100% blended average US Cities Average CPIw and Seattle Tacoma Bremerton CPI, Minimum 1.5%, Maximum 3.5% (June). ARTICLE 15 - HEALTH CARE INSURANCE 15.1 Medical, Vision and Dental Care Coverage - 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) January 1, 2004 - December 31, 2004 (i) Employee Health Care Premium Contribution: Bargaining unit member employee only health care coverage shall be paid for by the City and shall be at no cost to the employee. Bargaining unit members will be given the option to pay the 13 difference in premium between the designated 100% coverage for LEOFF I and the City's "Plan", except that the deductible shall be as stated in the "Plan". (ii) Dependent Health Care Premium Contributions: The City and the employee shall share dependent medical program premiums on a 50% by the employer and 50% by the employee basis, with the maximum employee contribution not to exceed the rate which was in effect on December 31, 2003 ($140.00 mo). (iii) Dental Care Premium Contributions: The City shall pay the premium for bargaining unit member employee and dependent dental care coverage. (b) January 1, 2005 - December 31, 2006 (i) Employee Health Care Premium Contribution: Bargaining unit member employee only health care coverage shall be paid for by the City and shall be at no cost to the employee. Bargaining unit members will be given the option to pay the difference in premium between the designated 100% coverage for LEOFF I and the City's "Plan", except that the deductible shall be as stated in the "Plan". (ii) Dependent Health Care Premium Contributions: The City and the employee shall share dependent medical program premiums on a 50% by the Employer and 50% by the employee basis, with a maximum employee contribution of $154 per month. (iii) Dental Care Premium Contributions: The City shall pay the premium for bargaining unit member employee and dependent dental care coverage. (c) 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: 14 (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. 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 �5 24 8 29 10 Service in years shall be defined as in Article 19, Vacation Leave, of this Agreement. 17.2 This Contract shall be opened in 2005 for Article 17 - Longevity only and will be negotiated between the City and the Union in accordance with normal bargaining procedures. 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, excluding Calltakers, for such period of continuous service, provided the individual serves a minimum of eight (8) hours in such higher classification, having been so assigned by the Fire Chief or his designee and provided further that the individual exercises the responsibility, including operation and administrative duties as they apply. The City will pay acting assignment pay of at least 5% above the normal base pay or the pay rate of the C -Step of the next higher pay grade for a Calltaker currently in Step A, B or C; or D -Step of the next higher pay grade for a Calltaker currently in Step D or E, 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 Dispatcher, having been so assigned by the Administration or their designee and provided further that the individual exercises the 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 Commission rules and regulations. Furthermore, that employee 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. 18.3 Acting Assignments. Acting assignments shall be made under the following provisions. 16 (a) Generally, Acting Dispatcher training shall be offered first to the 911 Calltaker on the top of the current promotional register. (b) Acting Dispatcher 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. 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 receive premium pay for all hours worked, but not less than two (2) hours of premium pay. (b) The call back bonus will not be available for a "hold over" defined as an extension of a regular or reassigned shift due to manning requirements or an emergency circumstance. However, premium pay shall be paid for work performed. 18.5 Mileage. The City shall pay each employee for his use, at the request of the City, of his 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. 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 17 as trainers shall be paid a special pay of $45.00 per month when actively training, provided the are so engaged at least 75 percent of the hours in the month. 18.8 Bilingual Calltakers. Qualified bilingual (Spanish speaking) Calltakers shall receive a special pay of $40.00 per month. Employees must pass a proficiency test administered by Human Resources to qualify. 18.9 Tool Allowance for Electronic Technicians and Maintenance Mechanic. The employer will pay up to one percent(1o) of an employees base salary for tool replacement allowance subject to prior approval on an item -by -item bases by the Employer. The purpose of this tool allowance is to provide for replacement of broken and / or stolen tools subject to the Employer's approval. 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 more than fifteen (15) full years of service shall earn one hundred seventy six (176) hours; (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 18 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 75% of the annual accrual rate for vacation must have been used during the year in order to qualify for the payment; provided, however, if the Employer cancels an employee's scheduled vacation and this canceling results in vacation accumulation over the stated limits as of December 31 of any particular year then the Employer will pay for said vacation at the normal hourly rate. Payment for any vacation accumulated over the stated limits is subject to the Employer's inability to reschedule the vacation time off. Neither party shall unreasonably withhold approval of rescheduling of vacation previously canceled. 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. ARTICLE 20 - HOLIDAYS 20.1 Holidays With Pay. (a) Day Off. If an employee performs no work on a holiday, within ninety (90) days that employee 19 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. 3rdMonday 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. ARTICLE 21 - SICK LEAVE ACCRUAL/EXCHANGE 21.1 For the purposes of this Article only, a day shall be construed as eight (8) hours. 20 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: (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 Fifteen Thousand Dollars ($15,000.00). Effective 1-1-05 this limit shall be increased to 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 thirty-two (32) hours of sick leave for each eight (8) hours of vacation, not to exceed a total of forty (40) hours added leave time 21 annually, utilization of which would be subject to the scheduling and approval by the department head. Effective 1-1-02 such exchange shall be at the rate of twenty-four (24) hours of sick leave for each eight (8) hours of vacation. (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 (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 22 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. 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 his/her total available paid leave. defined as vacation leave, sick compensatory time, holiday time, holiday. Shared leave shall shortly deplete Paid leave is leave, accrued and personal 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. 23 (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 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. 24 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 effort to 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. 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. 25 ARTICLE 23 - BIRTHING LEAVE/MATERNITY LEAVE 23.1 Male bargaining unit members shall be authorized to use sick leave on the day his wife gives birth. The employee shall be released by his supervisor upon the arrival of a replacement if such is needed to maintain Division daily staffing requirements. If the employee's sick leave has been exhausted, vacation, holiday or compensatory time, or other accrued time off may be used in lieu of sick leave. 23.2 The Union and the City agree to jointly develop appropriate language to add to this article to cover the impacts of mandates by State and Federal statutes. ARTICLE 24 - LIGHT DUTY 24.1 Off-duty extended injury, illness, or preananc' Bargaining unit members who are off-duty due to an extended injury, illness, or pregnancy and cannot perform their regular duties may request in writing to the Chief of the Department an assignment to light duty. This request may be made at the end of (7) days after the point of the injury, illness, or notification of pregnancy. 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 (30) days and will be reviewed by the Chief of the Department to determine any extension of the assignment. 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. Employees assigned to light duty on an 8 hour day shift who have previously been assigned to a 24 hour shift will have their sick leave hours converted on the basis of one (1) hour sick leave for every three (3) hours accrued. This exchange will cause an employee that has a maximum accumulated sick leave from a 24-hour shift (1440 hours) to go to 480 hours. Any excess of the day sick leave of 480 hours that an employee had earned while on the 24 hour shift will go into a pool to be returned to that employee upon return to work on a 24 hour shift. If the employee cannot be returned to shift work for 26 any reason those excess hours held in the pool would go into the sick leave pool. In no case can the employee gain more than 100% of sick leave or income from this assignment. 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 (30) days and will be reviewed by the Chief of the Department to determine any extension of the assignment. 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. Employees assigned to light duty on an 8 hour day shift who have previously been assigned to a 24 hour shift will have their sick leave hours converted on the basis of one (1) hour sick leave for every three (3) hours accrued. This exchange will cause an employee that has a maximum accumulated sick leave from a 24-hour shift (1440 hours) to go to 480 hours. Any excess of the day sick leave of 480 hours that an employee had earned while on the 24 hour shift will go into a pool to be returned to that employee upon return to work on a 24 hour shift. In no case can the employee gain more than 100% of sick leave or income from this assignment. 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. 27 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. 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 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 COMMUNICTIONS OPERATIONS 26.1 Work schedules are those hours normally assigned. Work schedule assignments shall normally be made prior to the start of the calendar year. 26.2 Work schedule 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 28 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 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 a Public Safety Dispatcher or Lead Public Safety Dispatcher is 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 Lead Public Safety Dispatcher or Division supervision, 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. 29 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 all members of the Fire Department in this bargaining unit from all administrative offices, buildings or facilities of the Fire Department. Violations of these provisions shall constitute a basis for disciplinary action to be handled in accordance with normal disciplinary procedures. ARTICLE 29 - PHYSICAL FITNESS 29.1 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 Fire Chief 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 work loads 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 30 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 Fire Chief and the physical fitness committee. As part of this program, the participants are encourages to be active participants in the City's wellness program in order to have a total wellness/fitness program. 29.2 Employees in this bargaining unit shall be required to have physical examinations to be scheduled by and at the expense of the City. Examinations shall be required every 2 years beginning at the age of 40. 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 Chief of the Department. A copy of which will be sent to the employee. ARTICLE 30 - DEFERRED COMPENSATION 30.1 Effective 1-1-01, each bargaining unit member shall be paid, in addition to that employee's monthly salary, deferred earned compensation each month in an amount equal to 3% of base pay to a deferred compensation account for each member of the bargaining unit. 30.2 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 31 - DISCIPLINE AND DISCIPLINARY PROCEDURES 31.1 Both parties have agreed to continue work and to complete a progressive discipline policy. ARTICLE 32 - PROPERTY LIABILITY 32.1 The City shall provide full physical damage insurance on City vehicles which shall include Fire Department employees as insureds, or the City shall, in the alternative, become 3' self-insured for such physical damage. In either case, the City waives any claim it may have against any Fire Department employee for damage to City property while that employee is acting within the scope of his employment except in the instance of intentional misconduct, but the City retains its right to discipline any employee for just cause. ARTICLE 33 - MUNICIPAL CODE SECTIONS PERTAINING BARGAINING UNIT MEMBERS 2.04 2.04.010 2.04.030 2.16 2.16.010 2.20 2.20.010 2.20.040 2.20.060 2.20.070 2.20.080 2.20.085 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 2.22.80 2.24 2.24.010 2.24.015 2.24.020 Group Insurance Plan Adopted City Contributions Bonds For Officers Bonds Required - Amount Salaries Persons Subject to the Plan Policy for Pay Steps Transfer, Promotion, Reclassification, Demotion or Reinstatements of Employees Reduction in Salary Effect on Budget Reimbursement for Expenditures 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 - Eligibility - Restrictions Longevity Plan - Service Recognition Award Leave Of Absence for Service in Armed Forces 32 2.40 2.40.010 2.40.020 2.40.030 2.40.040 2.40.050 2.40.060 2.40.070 2.44 2.44.030 2.44.040 2.44.050 Leaves Of Absence Eligible Employees Vacation Leave Sick Leave Civil Leave Military Leave Leave Without Pay Unauthorized Absence Lobbying by City Personnel Permitted Activities of Representatives Payment for Services of Representative Prohibited Expenditures 2.44.60 Ethical Practices and Conduct In cases of conflict between the Municipal Code and this Agreement, the latter shall control. Nothing herein shall alter the parties' rights and obligations to bargain collectively concerning proposed changes in the Municipal Code that affect wages, hours or working conditions of bargaining unit employees. ARTICLE 34 - ENTIRE AGREEMENT 34.1 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. 34.2 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. 34.3 The problem resolving meetings shall not result in any modifications to this collective bargaining agreement except by mutual written agreement by the parties. ARTICLE 35 - SAVINGS CLAUSE 35.1 All provisions of this Agreement are subject to applicable laws, and if any provision of any article of this 33 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 36 - CREATION OF NEW CLASSIFICATIONS 36.1 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 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 37 - CLASSIFICATION STUDIES 37.1 The long term assignment (greater than 6 months) of uncharacteristic duties 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 38 VEBA MEDICAL SAVINGS ACCOUNT S 1 � 38.1 The Bargaining Unit shall have the option of L;, i participating in a medical savings trust fund. Participation ,A, of the members shall be either all -in or all-out depending onik the vote of the body. This trust fund shall be funded by the employee's sick leave cash out at the time of retirement. ARTICLE 39 TERM OF THE AGREEMENT 39.1 This Agreement shall be deemed effective from and after the 1st day of January, 2004 through the 31st day of December, 2006; Provided, however, that this agreement shall be subject to such periodic changes as may be voluntarily and 34 mutually agreed upon by the parties hereto during the term thereof. ^/` / Executed by the parties hereto this 6 day of )�GL1611`,2004 Recommended by: B i By: By: Ronald Joh1n on President, Local IAFF Fire Chief City of Yakima `Thomas A. chneider Secretary -Treasurer, Local 469 IAFF CITY OF YAKIMA: R. A. Zais, Jr. City Manager ATTEST: By: Karen Roberts City Clerk // , CityiContract No. / es �� 'Go -v /©L LOCAL 469, INTERNATIONAL ASSOCIATION 35 OF FIREFIGHTERS, AFL-CIO BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 0� For Meeting Of 9/7/04 ITEM TITLE: (a) Consideration of a Resolution authorizing the execution the 2004-2006 Collective Bargaining Agreements Between the City of Yakima and IAFF Local 469 (Fire PERS and Public Safety Communications) and (b) An Ordinance Amending the classification and Compensation Plan for Certain City employees specifically Subsections 110A and F of Section 2.20.110 SUBMITTED BY: Dick Zais, City Manager; Dennis Mayo, Fire Chief; Steve Scott and Brian Schaeffer, Deputy Fire Chiefs; Sheryl M. Smith, Deputy Human Resources Manager CONTACT PERSON/TELEPHONE: Sheryl Smith, x6090 SUMMARY EXPLANATION: The attached resolution authorizes two, three year Agreements with the IAFF, Local 469 for the Fire PERS and Public Safety Communications bargaining units. These contracts represent the result of several months of negotiations between the parties. The 2004-2006 economic settlement packages are outlined below: Topic 2004 2005 2006 Wages Health Insurance 1/1/04-2.0% No change 1/1/05 - 2.0% Increase employee contribution from $140/mo. to $154/mo. • continued on Page 2 • 100% of the avg. of the US Cities CPI -W and Seattle CPI - W June -June; min. 1.5% -max. 3.5% Maintain $154/mo. employee contribution Resolution X Ordinance X Other (Specify) Contract X Mail to (name and address): Funding Source Fire Department Operations Budget APPROVED FOR SUBMITTAL itY Manager STAFF RECOMMENDATION: Adopt Resolution Authorizing the Execution of the Fire PERS and Public Safety Communications Collective Bargaining Agreements and pass ordinance. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLtJPION R-2004-140 Ordinance passed. ORDINANCE 2004-53 Topic 2004 2005 2006 Longevity Speciality Pays •Acting Pay •Bilingual Pay •Trainer Pay Sick Leave Cashout at Retirement Vacation Leave No change Min. of 5% $40/mo $45/mo No change Eliminate requirement of employment prior to 1/1/81 for eligibility for vacation accrual a t 20 yrs at 192 hours Reopener on longevity only No change No change No change Increase sick cashout maximum $15,000 to $16,000 No change leave from No change No change No change No change No change No change According to the City's calculations, the estimated tentative economic agreement cost is 9.21% or $147,280 over two years for both bargaining units. The financial impact of this settlement is within the budgeted resources for 2004. - Page 2 - RESOLUTION NO. R-2004-140 A RESOLUTION authorizing and directing the City Manager of Yakima to execute collective bargaining agreements for calendar years 2004, 2005 and 2006 with the International Association of Firefighters (Fire PERS and Public Safety Communications), AFL-CIO. WHEREAS, pursuant to requirements of state law, labor negotiations have occurred between the City and Fire PERS Fire Department employees represented by the International Association of Firefighters (Fire PERS and Public Safety Communications), Local 469, AFL-CIO, resulting in the attached proposed collective bargaining agreement documents for calendar years 2004, 2005 and 2006; and WHEREAS, the City Council deems it to be in the best interests of the City that such collective bargaining agreement be executed by the City, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute collective bargaining agreements for calendar years 2004, 2005 and 2006 with the International Association of Firefighters (Fire PERS and Public Safety Communications), Local 469, AFL-CIO, copies of which collective bargaining agreements are attached hereto and by reference made part hereof. ADOPTED BY THE CITY COUNCIL this / day of September, 2004. SI PAUL GEORGE PAUL P. GEORGE, MAYOR ATTEST: /S/ KAREN S. ROBERTS CITY CLERK Certified to be a true and corret p� original filed in my office. (7-S 0 of the CITY CLERK LCG� f C,�J ;> Deputy LETTER OF UNDERSTANDING This letter of understanding is between the City of Yakima and Yakima Fire Fighters Local 469, I.A.F.F. The VEBA language in Article 38 of the CBA covering Public Safety Dispatchers and Lead Dispatchers and in Article 38 of the CBA covering PERS Fire Department Employees and 9-1-1 Calltakers when signed on September 5, 2004 was a clerical error and the following language has been inserted into both CBA's to reflect the correct intent of the article. ARTICLE 38 VEBA MEDICAL SAVINGS ACCOUNT 38.1 The City and the Union have agreed to implement a medical reimbursement plan for Bargaining Unit members for the term of this agreement. The City shall participate in the MSA/VEBA Medical Reimbursement Plan for Public Service Employees in the Northwest (the "Plan") and agrees to make contributions to the Plan on behalf of all employees in the Collective Bargaining Unit who are eligible to participate in the plan by reason of having excess sick leave conversion rights. For the purposes of this article excess sick leave conversion rights are defined as sick leave cash -outs at retirement. Contributions on behalf of each eligible employee shall be based on the cash -out value of sick leave hours accrued by such employee and available for cash -out at retirement. All eligible employees shall be required to sign and submit to the City a MSA/VEBA Membership Enrollment Form at retirement. If an eligible employee fails to sign and submit such agreement to the City, he/she will not be permitted to participate in the Plan at retirement, and any and all sick leave cash -outs shall be forfeited. Ro ald Johns President, I* al 469 IAFF Ray Ochs PERS Negotiator, Local 469 IAFF Wayiy Wa tland Public Safety Communications Manager Rick Ringer Communications isor AMENDMENT TO 2004 — 2006 COLLECTIVE BARGAINING AGREEMENT COVERING PERS FIRE DEPARTMENT EMPLOYEES AND 9-1-1 CALLTAKERS By and Between THE CITY OF YAKIMA, WASHINGTON And LOCAL 469, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO This contract amendment is entered into by and between Local 469, International Association of Firefighters, AFL — CIO, hereinafter referred to as the "Union," and the City of Yakima, hereinafter referred to as the "Employer," the purpose of amending the above referenced contract's provisions concerning Longevity Pay, and inserting a provision governing Acting Down The parties have agreed to the following modified articles for each respective matter: ARTICLE 17 — LONGEVITY PAY 17 1 Effective July 1, 2005, 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 20 9 35 14 55 19 70 24 9 0 26 10 0 17.2 Current Contract 18 1 Current Contract 18.2 Current Contract ARTICLE 18 — SPECIAL PAY -1- CITY OF YAKIMA By. R A Zais, Jr City Manager ATTEST B r/A16CIty Clerk City Contract R ference No. A/05.-7-2 1/ L) LOCAL 469, INTERNATION ASSOCIATION OF FIREFIGHTERS, AFL — CIO RESOLUTION NO. R-2005- 110 A RESOLUTION authorizing and directing the City Manager of Yakima to execute amendments to the collective bargaining agreements for calendar years 2004, 2005, and 2006 with the International Association of Firefighters, Local 469, AFL - CIO (Public Safety Dispatchers and Lead Dispatchers and PERS Fire Depaitnient Employees and 9-1-1 Calltakers) WHEREAS, pursuant to requirements of state law, labor negotiations occurred between the City and Public Safety Dispatchers and Lead Dispatchers and PERS Fire Department Employees and 9-1-1 Calltakers employees represented by the International Association of Firefighters, Local 469, AFL — CIO, resulting in collective bargaining agreements for calendar years 2004, 2005 and 2006; and WHEREAS, the City Council previously authorized and directed the City Manager of the City of Yakima to execute said collective bargaining agreements for the years 2004, 2005 and 2006 with the International Association of Firefighters, Local 469, AFL — CIO; and WHEREAS, the collective bargaining agreements contain a reopener clause pertaining to Longevity Pay, which specifies that the collective bargaining agreements shall be opened in 2005 for negotiations pertaining to Longevity Pay; and WHEREAS, pursuant to said reopener clause the parties have successfully negotiated through not ilial bargaining procedures amendments to Longevity Pay for the covered employees; and WHEREAS, during the course of noinial bargaining procedures, the parties also discovered that clarification of the collective bargaining provisions concerning Acting Down was also prudent and necessary due to an inadvertent clerical error and/or oversight; and Page -1 WHEREAS, the City Council deems it to be in the best interests of the City that Amendments to such collective bargaining agreements be executed by the City amending the Articles pertaining to Longevity Pay and Acting Down, now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute Amendments to the Collective Bargaining Agreements for the calendar years 2004, 2005 and 2006 with the International Association of Firefighters, Local 469, AFL — CIO, covering Public Safety Dispatchers and Lead Dispatchers and PERS Fire Department Employees and 9-1-1 Calltakers, copies of which Amendments are attached hereto and by reference made part hereof ADOPTED BY THE CITY COUNCIL this 5th day of July, 2005. c) 6t -<_4,C - Paul P. George, Mayor AI"I"EST: City Clerk Page -2 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 4. I-5 For Meeting Of 9/7/04 ITEM TITLE: (a) Consideration of a Resolution authorizing the execution the 2004-2006 Collective Bargaining Agreements Between the City of Yakima and IAFF Local 469 (Fire PERS and Public Safety Communications) and (b) An Ordinance Amending the classification and Compensation Plan for Certain City employees specifically Subsections 110A and F of Section 2.20.110 SUBMI i'1'ED BY: Dick Zais, City Manager; Dennis Mayo, Fire Chief; Steve Scott and Brian Schaeffer, Deputy Fire Chiefs; Sheryl M. Smith, Deputy Human Resources Manager CONTACT PERSON/TELEPHONE: Sheryl Smith, x6090 SUMMARY EXPLANATION: The attached resolution authorizes two, three year Agreements with the IAFF, Local 469 for the Fire PERS and Public Safety Communications bargaining units. These contracts represent the result of several months of negotiations between the parties. The 2004-2006 economic settlement packages are outlined below: Wages Topic 2004 Health Insurance 1/1/04-2.0% No change 2005 2006 1/1/05 - 2.0% Increase employee contribution from $140/mo. to $154/mo. • continued on Page 2 • 100% of the avg. of the US Cities CPI -W and Seattle CPI - W June -June; min. 1.5% -max. 3.5% Maintain $154/mo. employee contribution Resolution X Contract X Ordinance X Other (Specify) Mail to (name and address): Funding Source Fire Depal l.u� t Operations Budget APPROVED FOR SUBMITTAL11 ty Manager STAFF RECOMMENDATION: Adopt Resolution Authorizing the Execution of the Fire PERS and Public Safety Communications Collective Bargaining Agreements and pass ordinance. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO.2004-140 RESOLUTION NO. R-2004- 140 A RESOLUTION authorizing and directing the City Manager of Yakima to execute collective bargaining agreements for calendar years 2004, 2005 and 2006 with the International Association of Firefighters (Fire PERS and Public Safety Communications), AFL-CIO. WHEREAS, pursuant to requirements of state law, labor negotiations have occurred between the City and Fire PERS Fire Department employees represented by the International Association of Firefighters (Fire PERS and Public Safety Communications), Local 469, AFL-CIO, resulting in the attached proposed collective bargaining agreement documents for calendar years 2004, 2005 and 2006; and WHEREAS, the City Council deems it to be in the best interests of the City that such collective bargaining agreement be executed by the City, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute collective bargaining agreements for calendar years 2004, 2005 and 2006 with the International Association of Firefighters (Fire PERS and Public Safety Communications), Local 469, AFL-CIO, copies of which collective bargaining agreements are attached hereto and by reference made part hereof. ADOPTED BY THE CITY COUNCIL this 7th 2004. ATTEST: >27 day of September, PAUL P. GEORGE, MAYOR CITY CLERK