HomeMy WebLinkAboutR-2004-140 2004-2006 Collective Bargaining Agreement / IAFF PERS & 911 Public Safety (469)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:
day of September,
PAUL P. GEORGE, MAYOR
CITY CLERK
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.
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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
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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
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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
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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.
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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.
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(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.
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ARTICLE 6 - PRODUCTIVITY
6.1 The parties mutually recognize the desirability of
maximum services
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
cooperate and
discuss the
efficiency,
The goal of
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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
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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
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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
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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
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be binding on the parties
grievances.
in non -contractual
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
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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
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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
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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 50o 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 50o by the Employer
and 50o 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:
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(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
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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.
i6
(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
I8
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
�9
shall have time off equal to the number of hours
scheduled most frequently
scheduled shifts.
in his regularly
(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
follows:
New Year's Day
Martin Luther King Jr.
Washington's Birthday
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
The Day After Thanksgiving
Christmas Day
One (1) Personal Holiday
shall observe holidays as
January 1st
Day 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
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 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.
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. A11
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
38.1 The Bargaining Unit shall have the option of
participating in a medical savings trust fund. Participation
of the members shall be either all -in or all-out depending on
the vote of 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 �5 day ofi6ric. , 2004
Recommended by:
Bv:
By:
By
Ronald Jo on Dennis Mayo
President, Local 4.9 Fire Chief
IAFF City of Yakima
`Thomas A. chneider
Secretary- reasurer, Local 469
IAFF
CITY OF YAKIMA:
B
R. A. Zais, Jr.
City Manager
ATTEST:
By:
Karen Roberts
City Clerk
- g-oy
City Contract No. A204/_/o4
Xe50/a."--70-A.) �4 aaoy iyo
LOCAL 469, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS,AFL-CIO
35
By:
President
36
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:
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 Ordinance X Other (Specify)
Contract X
Mail to (name and address):
Funding Source
Fire Departm t Operations Budget
APPROVED FOR SUBMITTAL
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
To•ic
.2004
2005
2006
Longevity
No change
Reopener cn longevity
only
No change
Speciality Pays
•Acting Pay
Min. of 5%
No change
No change
•Bilingual Pay
$40/mo
No change
No change
•Trainer Pay
$45/mo
No change
No change
Sick Leave Cashout
at Retirement
No change
Increase sick leave
cashout maximum from
No change
$15,000 to $16,000
Vacation Leave
Eliminate requirement
of employment prior to
No change
No change
1/1/81 for eligibility
for vacation accrual a t
20 yrs at 192 hours
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-
I
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, LOal IAFF
Ray Ochs
PERS Negotiator, Local 469 IAFF
WaynWiitland
Public Safety Communications Manager
Rick Ringer
Communications
visor
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 Pa
4 2.0
9 3.5
14 55
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-
/10
CITY OF YAKIMA
R A. Zais, Jr
City Manager
ATTEST.
By
mr6City Clerk
City Contract R ference No. ___ogjj0,5--7 1/0
1(6o/id r4'V Al
LOCAL 469, INTERNATION ASSOCIATION OF FIREFIGHTERS, AFL — CIO
B
A RESOLUTION
RESOLUTION NO. R-2005- 110
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 Depait.went 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
Al IEST:
City Clerk
Page -2
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
-1-
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
11-
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 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.
-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 Policy. 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
-6-
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 only: Wages, hours and
working conditions not specifically covered by the
terms and conditions of this Agreement shall be
subject to the grievance procedure up to, but not
including, arbitration. If the City and the
grievant are unable to reach agreement at the City
Manager level, where the grievance is not subject
to arbitration, a three-person board will be
formed. Management will select one member and the
Union will select one member of the Board. The two
members will select the third member who shall act
as chairperson. All members of this Board must be
citizens or employees of the City of Yakima. In
the event the two members cannot agree as to the
selection of the third member, each member may
submit one name whereby the chairperson shall be
selected by lot. Any expenses for the services of
the third party chairperson shall be borne equally
by the parties. The decision of this Board shall
be binding on the parties in non -contractual
grievances.
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
10
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. A11 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
provisions
resolution
41.56.430,
covering
the Employer declines to include the
11.2 above pertaining to impasse
for uniformed personnel (RCW,
a collective bargaining agreement
were formerly Fire Dispatchers
of section
procedures
et seq.) in
employees who
(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
Consolidated Dispatch
to dispatch exclusively
and include them, with
in the firefighters
not applicable to any
Public Safety Dispatch
Public Safety Dispatcher
decision (9/5/95) to implement
operations to the Fire Department
fire and emergency medical responses
all current wages and benefits,
bargaining unit. This proviso is
Public Safety Dispatcher and/or
Supervisor who was a new hire as a
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
i1
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 50o 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.
15
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 assignment
not required when Communications Manager is
present. Communications Manager shall
assume the duties of Communication
Supervisor.
(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
occur when able to do
shift strength at the
In the event that
so with the
time of the
normally
existing
vacancy.
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
follows:
shall observe holidays
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
as
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 Exchange. Employees who have accrued
more than seven hundred twenty (720) hours may
exchange such sick leave for bonus (additional)
leave at the rate of thirty-two (32) hours of sick
leave for each eight (8) hours of vacation, not to
exceed a total of forty (40) hours added leave time
annually, utilization of which would be subject to
the scheduling and approval by the department head.
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 VEBA MEDICAL SAVINGS ACCOUNT
37
38.1 The Bargaining Unit shall have the option of
participating in a medical savings trust fund. Participation
of the members shall be either all -in or all-out depending on
the vote of body. This trust fund shall be funded by the
employee's sick leave cash out at the time of retirement.
ARTICLE 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.
38
Executed by the parties hereto this �S day of
Recommended by:
B
By:
/Thomas A. Schneider
Secretary -Treasurer, Local 469
IAFF
Ronald
Preside
IAFF
on
Local 469
U4rA C By:
CITY OF YAKIMA:
By:
R. A. Zais, Jr.
City Manager
ATTEST:
By: ' 1 -w Aedx..
Karen Roberts
City Clerk
City Contract No. o'(7j%Q1/-/Q!
gPs�/c1-7`70/0 %-. 04/ i4o
Dennis Mayo
Fire Chief
City of Yakima
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, 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.
Ronald Johnson
President, L741 IAFF
Ray Ochs
ayn a.% and
Public Sa ety Communications Manager
CXI2_
Rick Ringer
PERS Negotiator, Local 469 IAFF Communications Supe sor
!U (
Com, -10_
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
1
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.
(b) The right to determine reasonable schedules of
work, overtime and all methods and processes by
which said work is to be performed in a manner most
advantageous to the Employer. Changes to work
schedules, which are intended to be applicable to
Union members shall be in written form and posted
in the division manual.
(c) The right to lay off employees for lack of work or
funds or because of the occurrence of conditions
beyond the control of the City or where the
continuation of work would be wasteful and
unproductive in the opinion of City officials.
(d) The right to discipline or discharge employees for
just cause; provided that the City's right to
discipline or discharge initial hires during their
probationary period shall not be limited by this
section. The parties agree to study policies for
administering this section.
(e) The right to assign incidental duties reasonably
connected with but not necessarily enumerated in
job descriptions, shall nevertheless be performed
by employees when requested to do so by the
Employer.
(f) The right to take whatever actions the Employer
deems necessary to carry out services in an
emergency.
ARTICLE 5 - EMPLOYEE RIGHTS
5.1 Except as otherwise provided in this labor contract, the
provisions of this labor agreement, where applicable, shall
not be construed as a waiver of the Union's right to request
and require bargaining in accordance with the provisions of
Chapter 41.56, RCW.
-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 Policy. The parties recognize that the most effective
accomplishment of the work of the City requires prompt
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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 SafetNL
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
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add to, detract from or alter in any way the
proyisions 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 oniti: 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
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 - COT.T.FCTIVE 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
10
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
11
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 50o 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 PaNz
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.
15
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.
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(ii) Acting Communications Supervisor assignment
not required when Communications Manager is
present. Communications Manager shall
assume the duties of Communication
Supervisor.
(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:
�8
(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 Exchange. Employees who have accrued
more than seven hundred twenty (720) hours may
exchange such sick leave for bonus (additional)
leave at the rate of thirty-two (32) hours of sick
leave for each eight (8) hours of vacation, not to
exceed a total of forty (40) hours added leave time
annually, utilization of which would be subject to
the scheduling and approval by the department head.
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 S T
participating in a medical savings trust fund. Participation ����►.��
of the members shall be either all -in or all-out depending on 0,v''����
the vote of 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
mutually agreed upon by the parties hereto during the term
thereof.
Executed by the parties hereto this `S day of
Recommended by:
B
By:
Ronald
Preside
IAFF
on
Local 469
By: LJ*t41,6</ f/a„0
Dennis Mayo
Fire Chief
City of Yakima
Thomas A. Schneider
Secretary -Treasurer, Local 469
IAFF
CITY OF YAKIMA:
R. A. Zais, Jr.
City Manager
ATTEST:
By:
Karen Roberts
Roberts `1-Fr-oY
City Clerk
City Contract No. o7OQ-V-/Q/
fifes t-7,7o/L)
/4-aQoy i o
LOCAL 469, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS,AFL-CIO
39
By:
President
40
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.
/
,) ;, /
i
y .. 1
Ronald Johnson`
President, Lq01469 IAFF
ii
Ray Ochs
PERS Negotiator, Local 469 IAFF
4
\V ynvW,at1/and
Public Safety Communications Manager
ac2
Rick Ringer
Communications Super sor
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
X Other (Specify)
Contract X Mail to (name and address):
Funding Source Fire DepartmettOOperations Budget
APPROVED FOR SUBMITTALVk.'
-City 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
To
Longevity
is 2004
No change
Speciality Pays
•Acting Pay
*Bilingual Pay
•Trainer Pay
Sick Leave Cashout
at Retirement
Vacation Leave
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
2005
Reopener on longevity
only
No change
No change
No change
Increase sick leave
cashout maximum from
$15,000 to $16,000
No change
2006
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 -
o 'CLJ ) /1U
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
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Zbdv-i0/
74f)u.-ion
CITY OF YAKIMA
R. A. Zais, Jr.
City Manager
ATTEST:
By:,.df
Karen Roberts
City Clerk
City Contract Reference No. 0.2005-70
iQe-oi-tcrioN .►�-X40,5-//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 Depaitiuent 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
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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'EST:
City Clerk
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