HomeMy WebLinkAbout08/02/2011 13 IAFF Local 469 Collective Bargaining Agreement - Firefighters and Battalion Chiefs BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
4110 AGENDA STATEMENT
Item No. 13
For Meeting Of August 2, 2011 .
ITEM TITLE: Consideration of Resolutions authorizing the execution of the 2011 Collective Bargaining
Agreements Between the City of Yakima and IAFF Local 469 Firefighter and Battalion Chiefs
Bargaining Units.
SUBMITTED BY: Michael A. Morales, Interim City Manager; and Colleen Chapin, Human Resources
Manager
CONTACT PERSON/TELEPHONE: Colleen Chapin, x6124
SUMMARY EXPLANATION:
The attached resolutions authorize a one year Agreement with the IAFF, Local 469 for the Firefighter
and Battalion Chiefs bargaining units. This contract represents the result of negotiations between the
parties that was primarily related to contact language changes. The wages and benefits for these units .
were previously bargained and are encompassed in the Addendum that was signed by the parties on
January 7, 2011.
al Firefighter Settlement
(a) 0% general wage increase
(b) 3% reduction in City contribution to Deferred Compensation until 11:59 PM 12/31/11
(restored 01/01/12)
(c) No layoff of any bargaining unit members in 2011
121 Battalion Chiefs Settlement
(a) 0% general wage increase
(b) 3% reduction in City contribution to Deferred Compensation until 11:59 PM 12/31/11
(restored 01/01/12)
(c) No layoff of any bargaining unit members in 2011
Resolution X Ordinance Other (Specify) Report
Contract X Mail to (name and address):
Funding Source All affected department operations budgets
APPROVED FOR SUBMITTAL ,0
City Manager
STAFF RECOMMENDATION: Adopt Resolutions Authorizing the Execution of the Collective
Bargaining Agreements.
O BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
0 RESOLUTION NO. R- 2011 -
A RESOLUTION authorizing the City Manager to execute a collective bargaining agreement
between the City of Yakima and the International Association of Firefighters
(IAFF) Local 469. Firefighters Unit (Firefighter through Captain). for wages,
hours, and working conditions for 2011; and authorizing the City Manager
to execute amendments to the collective bargaining agreement to clarify
contract language, maintain compliance with the law, and make other minor
adjustments.
WHEREAS, . pursuant to Washington State law, the City and the International
Association of Firefighters (IAFF) Local 469 have been engaged in negotiations for the
collective bargaining agreement for LEOFF Firefighters through the rank of Captain for 2011;
and
WHEREAS, the bargaining unit has voted on and approved the attached proposed
collective bargaining agreement for 2011; and
WHEREAS, the City Council has determined that it is in the best interest of the City of
Yakima to agree to the terms and conditions of- the attached collective bargaining agreement
for 2011, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF.YAKIMA:
1. The City Manager of the City of Yakima is hereby authorized and directed to execute
the attached and incorporated collective bargaining agreement between the City of
Yakima and the International Association of Firefighters (IAFF) Local 469 LEOFF
Firefighters unit for wages, hours, and working conditions for 2011.
2. The City Manager of the City of Yakima is also hereby authorized to and, without a
further resolution, may execute amendments to the collective bargaining agreement
which, may be necessary or appropriate to clarify its terms and conditions, maintain
compliance with the law, and /or make other minor adjustments, provided that such
amendments shall be subject to prior approval by the City Attorney as to form.
ADOPTED BY THE CITY COUNCIL this 2 day of August, 2011.
Micah Cawley, Mayor
ATTEST:
City Clerk
RESOLUTION NO. R- 2011 -
•
A RESOLUTION authorizing the City Manager to execute a collective bargaining agreement
between the City of Yakima and the International Association of Firefighters
(IAFF) Local 469 Battalion Chiefs unit for wages, hours, and working
conditions for 2011; and authorizing the City Manager to execute
amendments to the collective bargaining agreement to clarify contract
language, maintain compliance with the law, and make other minor
adjustments.
WHEREAS, pursuant to Washington State law, the City . and the International
Association of Firefighters (IAFF) Local 469 have been engaged in negotiations for the
collective bargaining agreement for Battalion Chiefs for 2011; and
WHEREAS, the bargaining unit has voted on and approved the attached proposed
collective bargaining agreement for 2011; and
WHEREAS, the City Council has determined that it is in the best interest of the City of
Yakima to agree to the terms and conditions of the attached collective bargaining agreement
for 2011, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
1. The City Manager of the City of Yakima is hereby authorized and directed to execute
the attached and incorporated collective bargaining agreement between the City of
Yakima and the International Association of Firefighters (IAFF) Local 469 Battalion
Chiefs unit for wages, hours, and working conditions for 2011.
2. The City Manager of the City of Yakima is also hereby authorized to and, without a
further resolution, may execute amendments to the collective bargaining agreement
which may be necessary or appropriate to clarify its terms and conditions, maintain
compliance with the law, and /or make other minor adjustments, provided that such
amendments shall be subject to prior approval by the City Attorney as to form.
ADOPTED BY THE CITY COUNCIL this 2nd day of August, 2011.
Micah Cawley, Mayor
ATTEST:
City Clerk
O 2011
LEOFF COLLECTIVE BARGAINING
AGREEMENT
By and Between
Local 469
INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS, AFL -CIO
AND
THE CITY OF YAKIMA, WASHINGTON
EFFECTIVE:
January 1, 2011 through December 31, 2011
i .
TABLE OF CONTENTS
ARTICLE No. PAGE
1 UNION RECOGNITION AND BARGAINING UNIT 1
2 UNION SECURITY 1
3 PAYROLL DEDUCTIONS 1
4 MANAGEMENT RIGHTS 2
5 EMPLOYEE RIGHTS 3
6 PRODUCTIVITY 3
7 EQUAL OPORTUNITY CLAUSE 3
8 PROPERTY LIABILITY. 4
9 GRIEVANCE PROCEDURE 4
10 RELEASE FROM DUTY 7
11 - COLLECTIVE BARGAINING COMMITTEES 7
12 COLLECTIVE BARGAINING PROCEDURE 8
13 SAFETY 8
14 PROMOTIONAL STANDARDS FOR LEOFF CLASSIFICATIONS 9
15 REFRESHMENT FUNDS 17
16 FIRE DEPARTMENT RESERVES 17
17 WAGES 21
18 HEALTH CARE INSURANCE 21
19 LIFE INSURANCE 24
20 LONGEVITY PAY 24
21 SPECIAL PAYS 24
22 VACATION LEAVE AND KELLY DAYS . 29
23 LEOFF EMPLOYEES HOLIDAYS . 31
24 SICK LEAVE ACCRUAL /EXCHANGE FOR LEOFF EMPLOYEES 31
25 SICK LEAVE POOL 35
26 BIRTHING LEAVE/MATERNITY LEAVE 35
27 LIGHT DUTY FOR LEOFF II EMPLOYEES 35
28 COMPENSATORY TIME OFF 36
29 OVERTIME FOR LEOFF EMPLOYEES 37
30. DUTY WEEK FOR LEOFF EMPLOYEES 38
31 TOBACCO USE ON DUTY 38
32 PHYSICAL FITNESS 38
33 CREATION OF NEW LEOFF CLASSIFICATIONS 39
34 DEFERRED COMPENSATION FOR LEOFF EMPLOYEES 39
35 DISCIPLINE POLICY 39
36 MUNICIPAL CODE SECTIONS 40
37 ENTIRE AGREEMENT 41
38 NO PYRAMIDING 42
39 SAVINGS CLAUSE 42
40 WSCFF EMPLOYEE BENEFIT TRUST RETIREE MEDICAL 42
ACCOUNT (MERP)
41 MEMORANDUMS OF UNDERSTANDING 43
42 TERM OF AGREEMENT 43
ii
COLLECTIVE BARGAINING AGREEMENT
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 2011, 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
411 for all Fire Department employees in Law Enforcement Officers and Firefighter
(LEOFF) classifications, excluding temporary employees, the Fire Chief, Deputy
Fire Chiefs.
ARTICLE 2 — UNION SECURITY
2.1 Each employee in the Fire Department 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 one (1) year
period of service with the Fire Department and in accordance with provisions of
the Public Employee Collective. Bargaining Act, R.C.W. 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 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 Officer of the City of Yakima of amounts to be deducted from the pay of
1
International Association of Firefighters (IAFF)
LEOFF Bargaining Unit
January 1, 2011 to December 31, 2011
each such person. The City shall transmit to the Treasurer of the Union the
aggregate of such deductions, together with an itemized statement, on or before
the 20 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 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 Secretary of 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 departmental
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 departmental 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.
2
International Association of Firefighters (IAFF)
LEOFF Bargaining Unit
January 1, 2011 to December 31, 2011
0 (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.
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
0 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 protected rights. 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.
® 3
International Association of Firefighters (IAFF)
LEOFF Bargaining Unit
January 1, 2011 to December 31, 2011
ARTICLE 8 — PROPERTY LIABILITY
8.1 The City shall provide full physical damage insurance on Fire vehicles which
shall include Fire Department 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 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 9 — GRIEVANCE PROCEDURE
9.1 Policy. The parties recognize that the most effective accomplishment of the work
of the City requires prompt consideration and equitable adjustments of
employees' grievances. It is the desire of the parties to adjust grievances
informally whenever possible, and both management and employees are expected
to make every effort to resolve problems as they arise. However, it is recognized
that there may be a grievance which can be resolved only after a formal review.
Accordingly, the following procedure is hereby established in order that
grievances of employees covered by this agreement may be resolved as fairly and
expeditiously as possible.
9.2 Definitions.
(a) A grievance i a dispute g is spute mvolvmg the interpretation, application, or
alleged violation of any provision of this collective bargaining agreement.
(b) A "working day" shall be any day except Saturday, Sunday, and any
observed staff holiday.
9.3 Process.
(a) To be review able under this procedure a grievance must:
Be commenced within sixty (60) calendar days after the grieving party has
been made reasonably aware of the circumstances giving rise to the
grievance.
(b) Step 1 — Discussion with Battalion Chief — As soon as possible, but in no
case later than the time period specified above, an employee shall first
discuss his/her grievance with his/her Battalion Chief. The Battalion Chief
shall make an investigation of the relevant facts and circumstances of the
complaint and provide a written decision within seven (7) working days.
4
International Association of Firefighters (IAFF)
LEOFF Bargaining Unit
January 1, 2011 to December 31, 2011
411 (c) Step 2 — Written Grievance to Division Supervisor — If the grievance is not
resolved at Step 1, or in the case of a grievance initiated by the Union,
=. -then the _grievance', may be, submitted to the. Division :Supervisor 'within
twenty (20) working days of receipt of the, written decision of the
Battalion Chief in writing setting forth the detailed facts concerning the
nature of the grievance, contractual provisions alleged violated and relief
sought.: The Division Supervisor shall hear the grievance and forward a
written decision to the employee within twenty (20) working days after
such hearing.
(d) Step 3 — Grievance Appealed To . Chief Of The Department — . 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.
(e) Step 4 — Grievance Appealed To City Manager — If the grieving party is
dissatisfied with the decision of the Chief 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 the receipt of the
A grievance...
(f)'. Step 5 .- Grievance Appealed To Arbitration - Except as provided in
9.4(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 .request for same, which identifies - the previously filed
grievance and sets forth the issues(s), which the .moving party seeks to
have arbitrated.
The parties shall attempt to mutually agree upon an arbitrator. In the event
the parties are unable to mutually agree upon an arbitrator, either party
may request a list for eleven (11) qualified arbitrators according to the
following procedure: the parties shall attempt to agree as to whether the
Public Employment Relations Commission, the Federal Mediation and
ConciliatiowService, or American Arbitration Association will supply,.the
list:. If no agreement:is reached, the list shall be requested from the Public
Employment Relations Commission. The parties shall select an arbitrator
'' ' froin the applicable list by :mutually agreeing to an arbitrator -or by striking
. -. names:. The parties shall : flip a coin to decide whoY'starts` the striking
process.
•
International" Association of Firefighters (IAEF)
LEOFF Bargaining Unit . ,....
January 1, 201 to December 31, 2011
•
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 hirnself/herself to the issues : `submitte_ d for
arbitration and shall have no authority to determine any other issues not so -
°' submitted to him/ her. The arbitrator shall have jurisdiction and authority
only to interpret, apply or determine the specific terms of. the Agreement
- and shall not have jurisdiction to add to,' detract from or alter in any way
the provisions of this Agreement. •The decision within the jurisdiction of `
the arbitrator shall be final and binding upon both. parties. The cost of the
arbitrator shall be borne equally between the City and the Union. The City
and the Union will pay their own remaining costs of arbitration, including
attorneys' fees, regardless of the outcome.
(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 twenty (20) working
days, appeal may be instituted as set forth in 9.3(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 which the
batter is to be heard. of-the dispute to arbitration-or a hearing
by the Civil Service Commission shall bar submission in the other forum.
9.4 Special Provision.
(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 9.3(f), _ Step 5, above.
(b) . 2 -A. grievance may ` be entertained in or : advanced .. to . any step in the
• grievance procedure ifthe 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 •staterhent of the duration of such extension of time
m
ust 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. • • 41)
International Association of Firefighters 6
(IAFF)
LEOFF Bargaining Unit
January 1 to December 31,:2011 _ _
If the City and the grievant are unable to reach agreement at the City.
0 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 10 — RELEASE FROM DUTY
10.1 Union Business Leave. Such officers and members of the Union as may be
designated the Union normally not to exceed three (3) in number at any one (1)
time, shall be granted fifteen (15) duty shifts of time off for Union business,
provided that a maximum of ten (10) of these fifteen (15) shifts off will be paid at
the standard rate granted for any leave with pay. 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 or Designee of the fire department,
and provided further that the total leave for this bargaining unit for the purpose set
410 forth in this section shall not exceed fifteen (15) duty shifts 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 LA.F:F.Local 469 represents.
The Local understands that, in order to justify the use of paid union leave on the
part of Local members to attend a particular seminar or conference under the
parties' current CBA language, the curriculum of that seminar or conference
needs to address at least in significant part issues that are designed to improve the
ability of those who are attending the seminar or conference to effectively
represent the members of the bargaining units that the Local represents at the City
of Yakima (as opposed to, for instance, focusing on how to organize em ployees of
other employers to join a union). -
ARTICLE 11- COLLECTIVE BARGAINING COMMITTEES.;;::,
•
11.,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
International Association of Firefighters (IAFF)
•
. LEOFF Bargaining Unit
January 1, 2011 to December 3,1, 2011 .
their respective bargaining committees: 'If a communication is forwarded previous
to that date, a response will be made within ten (10) working days.
11:2 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 atime during which any such members are scheduled to be
on duty.
11:3 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 12 — COLLECTIVE BARGAINING PROCEDURE
12.1 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 wages, 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.
12.2 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.
ARTICLE 13' - SAFETY
13.1 The Employer shall comply: and " require all employees to comply :. with the ,
requirements, current and as may hereafter' be amended, of WAC Chapter 296 -
:305,: 29; CFR 1910.134 and 29 CFR 1910.120. The parties will study WAC
Chapters 296 -24 and :296 -62 concerning `whether ;these` chapters should also be
incorporated in their agreement.
13.2 No employee shall respond to a fire emergency on an engine; brush truck or truck_
company that is staffed by fewer than three career firefighters; provided that
8
International Association of Firefighters (IAFF)
LEOFF Bargaining Unit
January 1, 2011 to December 31, 2011
Airport Crash Rescue and Technical Rescue (TRT).vehicles shall continue
® with present staffing practices.
arties wil1-.bar in concerning emer g enc res orise staffiri the
. . -.. The ..::.: , ,_
-. - p bargain g' g Y p staffing
event of new circumstances.: These agreements shall be reduced to writing.
13.3 In the event Yakima Fire Department is dispatched to mutual or automatic • aid
: .outside of any contracted service area and participation in such an event is •
expected to exceed two (2) hours, the Battalion Chief, Duty Chief or designee will
hire back off -duty personnel to replace dispatched companies.
13.4 The Battalion Chief, Duty Chief or designee shall initiate the rotation of Yakima
Fire Department mutual , aid crews every four (4) hours into an incident. Such
rotation shall be governed by valid logistical considerations.
13.5 In the event that on -duty Fire Fighters are used for State Mobilization, the City
will hire back off -duty personnel to maintain normal staffing levels.
ARTICLE 14— PROMOTIONAL STANDARDS FOR LEOFF CLASSIFICATIONS
14.1 Fire Lieutenant and Fire Captain Recruitment and Selection Process.
(a). The recruitment and selection process for the classifications of Fire
411 Lieutenant and Fire Captain is defined below. All promotions to Fire
Lieutenant and'Fire Captain positions `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. A description of the subject matter to be covered by each •
examination and the sign -up notification shall be provided to the Union
and posted conspicuously not less than 60 days prior to the examination.
The sign -up period shall be for 60 calendar days prior to the closing of the
recruitment. Current text and reference materials that are relevant and
agreed to by the Employer and the Union may be used for study purposes
and will be provided by the Employer. They will be made available to
• those employees who wish to prepare for an examination. An initial joint
inventory of the materials will be accomplished as:soon as reasonably
possible by staff and Union representatives prior to each examination in
order. to assure material availability. However, after a joint inventory is
concluded, should any reference materials be missing from the stations then it shall be the joint responsibility of the Union and the . Fire
Department to replace those missing materials.. •
(b) . Examinations shall be administered by. the Chief Examiner or designee of •
the Yakima Fire. Civil. Service Commission. For the ranks of Lieutenant
International Association of Firefighters (IAFF)
LEOFF Bargaining Unit .
January 1, 2011 to December 31, 2011
and Captain each examination shall have a written portion (consisting of a
multiple choice • test taken from IFSTA manuals . and a written 'w' ®
communications exercise i.e. business letter, .memo, SOP, etc:) that shall :.
constitute fifty: percent (50 %)of the total score and an oral: portion (that
will, for Lieutenants consist of an emergency incident problem and an oral.
board interview and for Captains will consist of a practical exercise and an
oral board interview) that shall constitute fifty percent (50 %) of the score:
The oral board shall consist of up to four (4) qualified examiners chosen
from a list submitted by the : Chief. The Chief will be responsible for
determining the qualifications = and suitability of the selected board
merribers. Oral board members may not be City of Yakima employees nor
can they be from the geographical Upper Yakima County if they are
involved with the fire service in a volunteer role. There will be a minimum
of three (3) board members. In the event board members cancel
immediately prior to the examination, the Chief has the responsibility to .
find a substitute board member, who may be from the Upper Yakima
County Fire Service, to maintain the minimum three (3)- person board. If
no substitute board member can be found, the examination will be
postponed.
The Fire administration and the Union both have equal veto rights to
disqualify persons from serving on future boards.
The Employer and the Union may each designate �` ..
Y nate an observer to attend the g
administration of the - examination: The Chief, with input from the Union,
shall determine the weighting of each component within the two major
examination areas. The weighting of each component within the two
major examination areas shall be included in the : notice of the
examination. All candidates testing for the positions of Lieutenant or
Captain shall complete both written and oral portions of the examination
before receiving their written score.. The candidate must obtain a passing
Score . of 70% on the oral and written portions of the examination process
- to be ranked on the promotional register.
(c) For each examination, the Chief Examiner and the Fire Chief shall insure
that the examination is impartially administered and that except for such
assistance from the Human Resources Department: as the Chief Examiner.
requires, no other City personnel, including those outside the
Unit, . have prior access to, or prior notice , of specific examination
procedures or questions or: the identity :of the oral examiners selected for
the examination: In preparation for the creation of ' each examination,
representatives of the parties shall meet with the examiner and the
Employer shall identify the qualifications it seeks. for Its promoted
personnel. A Union representative may, at the Union' s option, attend the
10 •
International Association of Firefighters (IAFF)
LEOFF Bargaining Unit
_ —. January .1, 2011 to December 31, 2011
meeting or meetings, and . my offer comments, suggestions or objections .
�- regarding how the examination will be conducted. Candidates shall be
,permitted :..to. review their .: :examination: scores and obtain suff cierit
information, to permit them to understand and learn from any ;mistakes .or ;
other performance deficiencies. .
(d) Procedure for Problem /Equipment : Failure and Appeals during an
:. examination:
(1) Procedure for Problem/Equipment Failure
(A) If a problem/equipment failure occurs during an
examination that is beyond the .control of the .applicant, ..
the applicant must notify the Chief Examiner /or, designee
immediately. The Chief Examiner /or designee will note
how much testing time the applicant has remaining. :The
Chief Examiner /or designee will document how long it
takes to correct the problem/equipment failure. The
applicant will be given the additional documented time to
complete the examination as soon as the problem/failure
has been corrected. The applicant shall not work on the
examination during the time the problem/failure is being
corrected.
0 ( B In case of a problem/equipment failure t
O the applicant has
the right to appeal to the Chief Examiner` or designee` for
• • additional time or if other remedies should be made. This •
appeal must be made in writing, and must state they are
appealing. The appeal must give the applicant's specific
desired remedies, and must be filed with the : Chief ..
Examiner /or designee • immediately after the
problem /equipment failure has occurred. No scores will
be given to applicants until all appeals are resolved.
(2) Procedure of Appeals during Examination '
(A) The final examination results shall include • overall
numerical or standing scores and scores from each phase,
and shall be withheld from all applicants' a minimum of .
•
120 hours (5 . working days, Monday through Friday)
following the completion of the . final examination
process. During this time, individual applicants who are .:
dissatisfied with the conduct of, or content of the
examination May appeal in writing clearly: indicating their
complaint and the remedy sought to the Chief Examiner /
International Association of Firefighters (IAFF)
LEOFF Bargaining Unit
January 1, 2011 to December 31, -2011
or designee. Upon receipt of such an appeal,, disclosure of
all examination results will be withheld until such time as
the appeal is resolved.: No appeals may be made after
results have been released.
(e) Promotional Eligibility
Promotional registers shall be valid for two years. For, Lieutenant and :.
Captain, a new examination shall be conducted one (1) month prior to the
expiration of the current register and become effective upon expiration' of
the current register. Eligibility requirements must be met by the first day -
of testing.
(1) Lieutenant: Five (5) years of service with the Yakima Fire
Department as a career Fire Fighter shall be required for eligibility
to test for the position of Lieutenant.
(2) Captain: Twenty -four (24) months as an appointed, career
Lieutenant in the Yakima Fire Department shall be required for
eligibility to test for the position of Captain.
(3) If a candidate for Lieutenant or Captain declines promotion into
one . of the positions, then the position will be offered to the next
eligible . candidate on the register. If this candidate declines, . the
process continues .through the register. Any candidate declining a .
promotion must submit in writing that they decline the position. A
copy of the letter of declination shall be submitted to the Chief
Examiner by the Fire Chief The declining candidate shall retain
his/her position on the promotional register.
Filling a Vacancy
(4) At such time as a vacancy, occurs and a decision is made to fill the
vac ancy by the appointing authority, the highest scoring candidate
on the promotional register that was current at the time the vacancy
first occurred Will be appointed to the position; provided that the
Employer may pass . over the top scoring candidate for ..the. :.
appropriate reasons and promote the second . highest candidate
. instead: Contemporaneously with passing over any candidate, the
Employer shall furnish the employee andthe- Union Secretary, in -
writing, upon request, the reasons for doing so. In the event two or
more candidates ' have identical scores, the candidate. with the
greatest seniority: shall be deemed highest scoring. Employees
promoted shall serve a probationary period of one year
12
International Association of Firefighters'(IAFF)
LEOFF Bargaining Unit
• January 1, 2011 to December 31, 2011
• (A) The, employee(s) receiving a promotion to either a Captain '
position or Lieutenant position shall be assigned a
rate of_at least 5 %° above their current rate or the pay
pay p _ •
': "rate "of the D -step of the next higler'pay grade, whichever . '
is greater.' These employees will be increased to E -step at.
• n: (P.
• :'. the end of six months in their new position 05/26/61 LOA) , .
. •` If the Employer does not fill a promofional vacancy within 30
ays.
(A) If there are two (2) or more candidates on the register in .
, ..effect on the date of the vacancy, : then that register shall
remain in effect for that vacancy until the vacancy is
• filled, and the highest scoring candidate on such register
shall serve in the position in an acting capacity until the
Employer fills the vacancy.
(B) If there is only one candidate.remaining on the register in
effect on the date of the vacancy, then for purposes of
filling the vacancy, • the remaining candidate shall be
deemed the top scoring candidate on the next register and
shall serve in the position in an acting capacity until the -
employer fills the vacancy.
(C) Further, in the . event that a decision is made by the
appointing authority not to fill and/or eliminate a vacancy
(as noted in 14:1(f)(1) above) then at :.such time as the
position is re- authorized the register in effect, at the time
the personnel decision was made by the :appointing
ted,.'and the highest ranking .
authority shall be reactivated, ' .
candidate on the register at the time the vacancy occurred
shall be eligible to be appointed to the reauthorized
position.
14.2 A. Deputy Fire Marshal, Training Captain, Training Lieutenant and Assistant
Fire Marshal Recruitment and Selection Process..
•
a. =The recruitment and - selection :process for the classifications Of Deputy 'Fire
Marshal, Training Captain, and Training Lieutenant is defined below.
b. :.. Job Announcement : ,Job openings , shall he announced : a minimum of 15 `days .
prior to the deadline for accepting applications.
c. Application Process Applicants will . submit a letter of interest to : the Fire
Chief for the positions of Deputy:Fire Marshal, Training Captain and Training
13
® International Association of Firefighters (IAFF)
LEOFF. Bargaining Unit
January 1, 2011 to December 31, 2011
•
Lieutenant. The letter of interest shall demonstrate the relevant knowledge,
skills and abilities of the position applied for.. 41).
- d Selection :Process: For; the classifications of Deputy ; Fire Marshal, Training
Captain and Training Lieutenant the rule of four shall apply.
Training Captain and /or Deputy Fire Marshal: The Chief shall select a
candidate to fill the Training Captain and/or Deputy Fire Marshal position
from a pool of at least 4 individuals consisting Of .
1 Any Captain(s) or. Battalion Chief(s) who. voluntarily apply. _
2: The top 2 candidates on the Captain promotional list..
3.. Up to 4 "junior" Captains who have.not done an accumulative
2 years of "days" as a Captain.
The Chief will have a minimum of four (4) names using any combination
of . the above 3 steps, however, Step 3 will only be used to , the . extent
- needed to reach the four (4) person minimum. Captains _ may be
reappointed to the position if circumstances dictate and only once every
four (4) years. When an individual is selected from the Captains'
promotional list, it will be a permanent Captain's promotion.
Training Lieutenant: The Chief shall select a candidate to fill the position
of Training Lieutenant from a pool of 4 individuals consisting of:
1. Any Lieutenant(s) (off probation) Captains who voluntarily ip
apply.
2.The four (4) "junior" Lieutenants who have completed probation.
The Chief will have a minimum of four (4) names using any combination
of the above steps. The Chief shall only use as many . "junior" Lieutenants
as needed to reach the four- person minimum.
e :. Probationary Period: The probationary period for the classifications of Deputy
Fire Marshal, Training Captain and . Training Lieutenant shall be considered
complete after twelve months of satisfactory service. In the event an employee
does not complete probation:for any reason, the employee shall be returned to
their previously held classification..
f Vacating Promotion: Any appointment to Deputy Fire Marshal, Training
Captain and Training Lieutenant may be vacated at any time due to a
voluntary demotion to the position from which the employee was promoted or
_ due to a promotion to another position within the. Fire Department.
_ 14 ,
. International Association of Firefighters (IAFF)
LEOFF Bargaining Unit
January`1, 2011. to December 31, 2011
g. ' Base Pay and Step Pay Increases:
(1) The base pay for the Deputy Fire Marshal and _ the Fire
Training Captain shall equal Pay Code 506. •
(2). The base' pay for the Fire. Training Lieutenant shall equal.
Pay Code 527.
(3) When individuals` are placed into the above- mentioned '
positions they will be placed in the same pay step as'they
previously held. This is meant to equal a pay increase of
approximately 10% over the shift position pay.
(4) . Individuals promoting. from Shift Lt. to Training Captain
will be promoted to the position of Captain prior to the
Training assignment.
(5) Individuals transferring from one day position to another
day position of the same pay code will not realize a.10%
pay increase..
B. Assistant Fire Marshal Recruitment and Selection Process.
(a) The recruitment and selection process for the classification of Assistant
Fire Marshal is defined below.
(b) :Eligibility Requirements: : Applicants for Assistant Fire Marshal shall .
possess a minimum of five (5) . years of service With the Yakima Fire ,
Department as a career Firefighter.
In the event less than three Yakima Fire Department employees apply for
Assistant Fire Marshal, and the Chief elects to advertise the vacancy to the
general public, those applicants also shall possess a minimum of five. (5)
years of continues paid service as a career. Firefighter::
(c) Job Announcement: The job announcement shall - indicate the date of the
oral board and shall provide 30 days advanced notice of the oral board.
(d) Application Process: Applicants will submit a letter of interest, resume
and certificates to the Fire Chief for the positions of Assistant Fire
Marshal. The letter of interest, resume and certificates shall demonstrate
the knowledge; skills and abilities of the position applied for
® International Association of Firefighters ( IAFF ) : - '
LEOFF Bargaining Unit •
January 1, 2011. to December 31, 2011
(e) Oral Board Composition:. The oral board will consist of three (3)
members. Two (2) members of the oral board shall be selected by the Fire Al
Chief and one (1) shall be selected by .Local 469.
Oral board members may not be City of Yakima employees; nor can they
be from the geographical Upper Yakima County if they are involved with
the fire service in a volunteer or paid role. In the event board members
cancel .. immediately prior to the examination, the Chief has the
responsibility to find a substitute board member who may be from the
Upper Yakima County fire service, to maintain the minimum three (3)
person board. If no substitute board . member can be found, the
examination will be postponed.
(f) Oral Interview Process: The oral board shall be provided copies of each
applicant's letter . of interest, resume and certificates. Additionally, the
oral board will be provided oral interview questions and rating factors for
each classification tested: The interview questions, rating factors and
weights of the rating factors shall be prepared by the Fire Chief and Chief
Examiner.
(g) Scoring of Oral Interviews: The oral board will score individual
candidates based upon their letter of interest, resume and certificates as
well as their responses to the oral interview questions. Candidates must 0
achieve an overall passing score of 70% and then will be subsequently
ranked numerically on the register based on their interview process score.
(h) Maintenance of the Register: The register shall be created and maintained
by the Chief Examiner. The register shall be valid for two years or until
exhausted. The register may be considered exhausted when one (1) or less
candidates are available for certification for promotion.
(i) Selection Process: For the classifications of Assistant Fire Marshal the
rule of three shall apply. The Chief Examiner shall certify to the Fire
Chief, the names of the three (3). top scoring candidates. If less than three
names constitute the register, those names shall be certified to the Fire
Chief In the event there are less than two (2) candidates who are willing
to accept the position, the Fire Chief may open the recruitment to the
general public.
(j) Probationary Period.:. The probationary period for the classifications of
• Assistant Fire Marshal shall be considered complete after twelve months
of satisfactory service. In the event an employee does not complete
probation for any reason, the : employee shall . be returned to . their
previously held classification.
16
International Association of Firefighters (IAFF) ®.
LEOFF Bargaining Unit
January 1, 2011 to December 31, 2011
•
•
(k) Vacating Promotion: Any appointment to Assistant Fire Marshal may be
®. vacated, at any time due to a voluntary ,demotion to the .position from
which the employee was promoted or due to a promotion to another
position Fire Departm -
within the Fir ent.
•
:ARTICLE 15 - :REFRESHMENT FUNDS -
1.5.1 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 16 =FIRE DEPARTMENT RESERVES -
16.1 The reservists are volunteers who are reimbursed pursuant to Section 1.44.180 (F) •
of the City. of Yakima Municipal Code:
16.2 The purpose of the reserves is to augment and support total manpower, not
replace bargaining unit personnel.
16.3 Makeup of the Reserves. Reservists will be of two (2) types:
411 (a) One group need not be in. top physical condition .or fully trained -in fire •
fighting skills, but could do public education, teach first aid, assist non-
emergency personnel, and do other public service activities.
(b) The second group would be limited to those reservists who have been
properly trained in fire fighting skills under department standards: They .
could fight fires inside buildings, do rescue, climb ladders while carrying
hose. and • wearing an air pack, and also do non -fir fighting activities
inclusive of but not limited to hydrant testing; and work on the fire ground
by carrying hose, rolling hose, refilling; air tanks, distributing new radio
batteries, and other non -fire fighting activities. Applicants for the Reserve
• Fire Force must meet the following minimum requirements:
•
(1) Must.complete an application for Volunteer Reserve. Firefighter,
Program;
(2) • Must be a high school graduate or equivalent;
(3) Must be 18 years of age at time of appointment;
(4)•= Must pass a written exam in basic knowledge, or have passed the •
latest Yakima Fire Department Civil Service Entrance Exam;
(5) Must :pass the Yakima Fire Department Physical Agility
Examination (Combat Test w/o face piece in under 7 minutes); • . •
lor International Association. of Firefighters (IAFF)
LEOFF Bargaining Unit
January 1, 2011 to December 31, 2011
(6) Must pass an extensive physical examination by a physician . Ak
selected by the City of Yakima;
(7) ' Must posse ss and maintain a valid Washington State Drivers
•
License;
(8) Must successfully pass an extensive background check reviewed
by Staff and Chief of the Department;
(9) Must pass an oral interview.
(c) Standards.
Once a Reserve candidate has satisfactorily satisfied the minimum
requirements for entry level then he /she must accomplish the following
before being assigned to respond on any piece of apparatus:
(1) Must successfully complete the existing basic training academy for
Combat Reserves (a minimum of 40 hours).
(2) Must complete Basic First Aid class.
(3) Must satisfactorily complete a basic competency test consisting of:
(A) Demonstrate donning and wearing of protective
clothing.
(B) Demonstrate proper technique of taking a hydrant.
(C) Don and place into service a SCBA.
(D) Shoulder load a 1 3 /4" preconnect and demonstrate
proper operation with water flowing.
(E) Demonstrate a basic knowledge of equipment location
on assigned apparatus.
(d) Once a Reserve Firefighter has earned the authorization to respond, then it
is required that he /she fulfill the following standard requirements within
the first twelve (12) months:
(1) Complete IFSTA Firefighter I Program with passing score of 70 %.
(2) Complete driver training course and apparatus competency testing
program as established for Brush • Trucks, Tenders, and • other-
Support Vehicles.
(3) Complete and pass the E.V:A.P. course:
(4) Reserve Firefighter will be given quarterly progress reviews by the
Station Officer and/or the Training Division and shall achieve
satisfactory narks on those' reviews.
5
(e) At the completion of the first year, : a performance evaluation will be
conducted, with a satisfactory rating required. It is required that the
Reserve Firefighter complete the following within . the second twelve (12)
months:
18
International Association of Firefighters (IAFF)
LEOFF Bargaining Unit
January 1, 2011 to December 31, 2011
. (1) Complete IFSTA Firefighter II Program with a - passing score of.
(f) `All Reserves would be required to meet the following standards •
throughout the. year. The combat Reserve Firefighter shall:
(1) . Attend a minimum of two (2) Monday night drills each month. :
(2) Take and pass the "On .Target" _ physical fitness test per Yakima
Fire Department standards.
(3) 'Take and pass the "Combat" physical fitness test per Yakima Fire
Department standards.
• (4) Participate in a minimum of two (2) ride-outs per . month with at
least one being during the standard workday between 8 AM and 5
PM. NOTE: The ride -out program is to be done : at stations
assigned by the Duty Battalion Chief. These are to be in four (4)
hour blocks. :
(5) Maintain E.V.A :P. certification.
(6) Maintain Basic First Aid card.
(7) Attend at least 75% of all required training and make up all missed
required training within the calendar year.
(8) Earn and maintain a satisfactory annual review by the Shift Officer
and /or Battalion Chief in Training.
(9) Reserves shall be assigned to A, B or C shift.
A 16.4 Organization of the Reserves. .
g
(a) Reserve fire fighters can be utilized at all City owned and /or operated fire :
stations; provided that Reserves at all times be under the supervision of a
paid . officer or paid acting officer. This would allow neighborhood
recruiting and . provide an .opportunity ' to increase . minority and
disadvantage recruiting. :
(b) During normal Department operations, reserves may augment and support
career personnel.
(c). Reserves may be actively involved in the neighborhood: They could teach
first-aid, give fire safety talks and other community activities.
,(d) Reserves shall have a distinctive uniforin to enable identification in all
circumstances..: .
(e) Reserves shall observe normal station operating routines:
•
Mr International Association. of Firefighters (IAFF)
• LEOFF Bargaining Unit
January 1; 2011 to December 3.1, 2011"
16.5 Chain of Command.
•
(a) During fire department _ operations, reserve fire fighters answer to .paid
officers or paid acting officers.
(b) The Reserves would be used before calling the districts for help.
16.6 Training Requirements.
(a) Career firefighting personnel will be used to train reserves.
(b) Shift career personnel assigned to training reserves shall have reasonable
notice of scheduled training.
(c) Monday night training sessions shall be scheduled in advance by the
Training division, or the on -duty Battalion Chief Training outside regular
hours shall be limited to one evening a month for each crew between 7 PM
and 9 PM. Crew scheduled to assist with training that evening will be
allowed to break their normal duty day at 1430 hours to allow for meals,
prep time and rest, prior to the evening drill.
(d) Reserves will be _taught with IFSTA and other sanctioned department
material - the same material utilized by career personnel.
(e) All new reserve recruits shall complete a minimum of 40 hours
p of basic
training and pass a competency test before being allowed to respond to
emergency incidents.
16.7 Enforcement of this article is limited to the Union acting on behalf of bargaining
unit employees, and not on behalf of Reserves.
16.8 Reserve Response. Reserves would respond to alarms in three scenarios:
(a) Reserves would respond to alarms as the 4 or 5 person ride -outs on
apparatus having a minimum career staffing of 3.
(b) Off duty reserves would respond to Station #2 when toned -out. Reserves
will be assigned to bring Support Vehicles to emergency scenes or
assigned to career crews at the scene. Reserve personnel will normally
staff a Support Vehicle with 2 people and a maximum of 3. •
(c) Reserve personnel shall respond Code II except when upgrading at the
request of the Officer in charge at scene.
20
International Association of Firefighter s (IAFF) •
LEOFF Bargaining Unit _
January 1, 2011 to December 31, 2011
:16.9 Mutual Aid Response: Reserves responding on Mutual Aid shall respond as
follows:.
(a) 4 or 5 on responding pumpers:
(b) 3 person on a brush truck or tender.
(c) : As driver and support with the air truck •
16.10 Preference Points
Any Combat Reserve ink good standing that meets all of the department standards
for Reserves will be given a one percent preference point for each of their first
three years; with a maximum preference. of 3 %. That 3 % will be added to the
applicant's score after successful completion of the written and strength and
.agility portion of the test: If the Reserve member obtains a Fire Science Degree :
while a member of the YFD Reserve Program, and passed a 1 -year probation and
is in good standing, that person would be eligible to receive an additional 2%
added to the applicant's final composite score.
16 :11 The Union and the City have formed a committee to study the Fire Department
reserve. program. Changes . mutually agreed upon shall replace or amend the ,
current contract language. Pending such action, Article 16 shall remain unchanged
and in full effect.
ARTICLE: 17 _ WAGES
17.1 Effective 1-1-2010 the base salary of bargaining unit members will not be
increased:
ARTICLE 18 — HEALTH CARE INSURANCE
18.1. Medical, Vision and Dental Care Coverage:
- (a) Covered bargaining unit employees, retirees and their dependents shall
participate in the "City of Yakima Employees' Health.& Welfare Benefit
Plans ". Eligibility rules, types and or levels of benefits, payment of
premiums through a cafeteria plan, co-payment, coinsurance and .
deductibility requirements s 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 ". •
(b) If 50% 6r more of the bargaining unit members elect to enroll in the new •
health insurance program; then 100% Of' f. the members, dependents, retirees
a Intemational Association of Firefighters (IAFF).
LEOFF Bargaining Unit
January 1, 2011 to December 31, 2011
•
and LEOFF I dependants will move to the new insurance program. (Does
not apply to the LEOFF I retired employees.)
18.2 Health and Dental Care Premium Contributions:
(a) Employee Health Care Premium Contribution. LEOFF I and LEOFF II
employee only health care coverage shall be paid for by the City and shall
be at no cost to the employee.
(b) Dependant Health Care Premium Contributions. The. City and the
employee shall share dependent medical program premiums per month
contribution level on a 50% by the employer and 50% by the employee
basis, with a maximum employee contribution of $140.00 per month. The
$140.00 maximum shall continue through the 2011 . CBA.
(c) Dental Care Premium Contributions. The City shall pay the premium for
LEOFF I and LEOFF II employee and dependent dental care coverage.
(d) Employee contributions under this Article will be accomplished through
normal payroll deductions.
18.3 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, except in the case cited in 18.1 (b), as follows:
(a) LEOFF I retirees shall remain in the group medical plan at no cost to the
employee. LEOFF II retirees may elect to remain in the group medical
plan until they reach age 65, upon payment of the required premium.
(b) Spouses of retirees may remain in the group medical plan until they reach
age 65 or in the case of spouses of deceased retirees, until they reach age
65 or remarry, whichever occurs first.
(c) . Other dependents of retirees may remain in the group health care plan as
long as they remain eligible under the provisions of the plan or when
coverage for the retiree and spouse, or, the spouse of deceased . retiree
terminates, at which time such dependent insurance coverage would cease
regardless of the age of the dependents.
(d) Retirees, or spouses of deceased retirees, shall pay the premium and other
shared dependent coverage costs (including dependents if enrolled), which
shall be based on the same formula as active employees and dependents
within the bargaining unit. Premiums shall be paid by deduction from
retirement checks paid to retired employees or their beneficiary.
0
22
International Association of Firefighter`s (IAFF
LEOFF Bargaining Unit )
January 1, 2011 to December 31, 2011
•
0 . 18.4 Disability Insurance. The Union has executed. a disability life insurance policy
with Standard Insurance Company that :.provides both short-term and long -term
disability life insurance for it members. and said policy generally provides a
covered employee with up to fifty percent (50 %) of his/her base pay in the event
that the person incurs an off-duty injury, illness and/or disability and is unable to
Work. In order' to qualify for said benefits under the policy for a particular month,
the employee can receive a minimum of fifty percent (50 %) of his/her base pay
from the City through the utilization of accrued sick leave, compensatory time
and annual leave in a month and must be in leave without pay status for the
remainder of the month.
•
(a) In the event that an insured employee covered by the Local 469 Standard
Insurance Company Disability Plan applies for and receives benefits from
said plan the City shall permit the employee .to receive a minimum of fifty
percent (50 %) of his/her base pay from the City through the utilization of
accrued sick leave, compensatory time and annually leave in a month and
allow them to be in a leave without pay status for up to fifty percent (50 %)
of their scheduled hours for the affected pay period.
(b) Base pay for the purpose of receiving Standard Insurance Company
benefits shall be the base pay per Master Ordinance plus the Deferred
Compensation contribution.
( c ) It shall be the responsibility of the employee to inform the fire department
timekeeper on or before the date in which he or she starts the leave
without pay status. It shall be the responsibility of the employee to inform
the fire department timekeeper on or before-the date which he or she ends
the leave without pay status.
(d) If the insured employee's scheduled hours spent for a pay period is
anticipated to be lower than the minimum number of hours required by the
Washington State Department of Retirements (DRS) for receipt of full .
service credit for that month, then the . employee may use a sufficient
number of hours of his/her accrued leave for that pay period to satisfy the .
minimum numbers required by DRS to receive full service credit for that
month.
(e) It shall be the employee' p s res responsibility to reconcile his/her monthly • O
P Y a py. from the City with payments from the disability insurance carrier
(Standard Insurance). to ensure that he /she doe§ not violate and /or breach •
any of the terms and conditions of the disability insurance policy,
including but not .limited to the one hundred percent (100 %) payout
ceiling. Local 469 recognizes that the City does not have any liability with
or to the disability insurance carrier or Local 469 whatsoever with regard
to insurance disputes between the carrier and employees represented by
23
Mr International Association of Firefighters (IAFF)
LEOFF Bargaining Unit
January 1, -2011 to December 31,'2011
Local 469, including by not limited to • the reconciliation of pay . and the 41
100% payout ceiling. Further, Local 469 agrees to indemnify, defend and..
hold harmless the City of Yakima, it officers, elected officials, employees
. and agents from any and all claims, demands, losses, liens; liabilities,
. penalties, fines, lawsuits, and . other proceedings and . all judgments,
• awards. Costs and expenses (including attorneys' fees and disbursements)
caused by or occurring as a result of any dispute between an employee •
. represented by Local 469 and the disability insurance carrier.
•
(f) Both Local 469 and the City have participated in the drafting of the
language for 18.4 and as such, it is agreed by the parties that the general
contract rule of law that ambiguities -in the contact language shall be
• construed against the drafter of a contract shall have no application to any
• legal proceeding, arbitration and/or action in which this section of the
contract and its terms and conditions are being interpreted and/or
enforced.
- ARTICLE 19 LIFE INSURANCE
19.1 The City will provide, without cost to the employee, $20,000 in face amount of
life insurance.
ARTICLE 20 — LONGEVITY PAY
completion
20.1 The City will pay longevity pay upon satisfactory of the following
service and at the designated rate:
Service in Years Percent of Base Pay
Completed •
4 • 2.0%
9 • - 3.5%
• 14 5.5% •
19 . ; 7.0%
24 9.0%
•
26 10.0%
Service in years shall be defined as in Article 22, Vacation Leave, of . this
Agreement.
•
ARTICLE 21— SPECIAL PAYS "
21.1 Acting Assignment 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, on an hour for hour basis for an individual for such
24 •
•
International Association of Firefighters (IAFF)
LEOFF Bargaining Unit
- January 1, 2011 to December 31,2011
period of continuous service, provided the individual, serves a minimum of four
(4) hours for LEOFF personnel,.. in such higher classification, having been so
assigned by the Fire Chief or his designated agent and provided further that the
individual exercises the responsibility, including operation and administrative
duties as °they. apply. In the event the acting period is less than four (4) hours, the
Battalion Chief may choose to fill the acting assignment with a qualified actor to
minimize excessive movement of personnel.
21.2 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 in the current collective
bargaining agreement, with one .specific exception in acting as a Lieutenant.
Specifically, the requirements are
(a) In order to act in the position of Lieutenant, an individual must be
on the current register as maintained by the Civil Service Chief
Examiner. Acting Lieutenants, for their respective shifts, shall be
picked from the top of the register down to fill an acting position. . .
If no current register exists or, there is not a Fire Fighter available
who is on the list, on the affected shift, then a Fire Fighter who
meets all of the requirements to be eligible to take. the Lieutenant's
exam shall be selected.
(b) In order to act in the position of Captain, an i nd i v i dual shall hold
the rank of Lieutenant and be on the current register for Captain as
maintained by the Civil Service Chief Examiner.. Acting Captains,
for their respective shifts, shall be selected from the top of the
register down to fill in an acting position. In the event no one on
the register is available, remaining shift Lieutenants will be eligible
to act, if they are eligible to test for the position of Captain.
(c) At no time will personnel who do not meet the requirements listed
above be allowed to act.
21.3 Station Reassignment. An employee who is reassigned from his/her scheduled
station assignment to a different fire station shall be compensated for the move.
Since moving of Personal Protective Clothing, Uniforms and. Bedding will take
approximately 30 minutes, the fee shall be $12.00. The employee will not be
eligible for reassignment fee if they receive notice of transfer by 2100 hours on
the shift they are at work, or if another .bargaining unit member causes the transfer
for any reason other than sick or disability leave.
® 25 •
International Association of Firefighters (IAFF)
LEOFF Bargaining Unit
January 1, 2011 to December 31, 2011
21.4 Call. Back.
(a) An employee who is called back to duty after his scheduled shift : has
terminated, but before the scheduled start of his next shift, shall be paid
not less than two (2) hours of overtime at the applicable overtime rate.
(b) The call back bonus will not be available for a "hold over" defined as an
extension of a regular or reassigned shift due to manning requirements or
an emergency circumstance.
21.5 The City shall pay each employee for his use; at the request of the City, of his/her
personal auto, not less than the IRS Rate per mile actually driven, or the actual
cost of applicable public transportation. In the event that the City increases
mileage allowance paid by the City for the use of personal autos on City business
for any other City department or employee, such increased allowance shall
become; the new rate there under.
21.6 LEOFF Uniform Maintenance. All LEOFF bargaining unit members shall be paid
a seventy -five dollars ($75.00) uniform maintenance allowance semi - annually.
Said amount will be payable the first payday of February and of August. 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.
21.7 Fire Investigator Differential: Subject to the Chief's right to appoint, from time to
time, an employee as a Fire Investigator, such employee shall receive a
•differential for such duty as follows.
(a) Commissioned Fire Investigators. Commissioned Fire Investigators shall
receive monthly differential pay of 3.5% of the top step firefighter.
(b) Certified Fire Investigators. Certified Fire Investigators will . receive
differential pay of 3.0% of the top step firefighter per month.
(c) Non - certified/Non- commissioned Shift Investigators. Non-certified/Non-
commissioned shift investigators will receive a differential pay of 2.0% of
the top step firefighter per month.
21.8 MSA Repairpersons. Subject to the Chiefs right to appoint, from 'time to time,
employees as MSA Repairpersons, such employees shall receive differential pay
of 2.0% of the top step firefighter per month. The City will allow up to six (6)
Local 469 LEOFF members of any rank to participate in the YFD MSA Repair
Program:
26
International Association of Firefighters (IAFF)
LEOFF Bargaining Unit
January 1, 2011 to December 31, 2011
21.9 Technical. Rescue. Members of the technical rescue team shall receive differential
pay of two percent (2 %) of the top step firefighter per month to compensate for
the estimated number of additional hours spent training for the team above and
beyond the twenty hours of overtime compensated pursuant to section (d) below:
(a) The City will allow up to twelve (12) Local 469 LEOFF members of any rank
to participate in the YFD Technical Rescue Team, subject to the Chief's right
to appoint.
(b) In the event that there are any changes in the specific Technical Rescue Team
duties and /or scope of responsibilities of the aforementioned twelve IAFF
Local 469 members after execution of this agreement, the City and the Union
shall conduct any legally required . negotiations on the effects of the change(s).
(c) City business will be granted to those, members taking Rescue System 1 initial.
training. Off -duty personnel will be compensated at the overtime rate pursuant
to the existing IAFF 469 CBA. . .
(d) Participating Union members will complete an annual required 20 hours of
field training exercises, generally through attendance at the monthly drills.
Those Union members are not required to meet the 20 hours on their own time
without compensation. If the Union member is required to attend training on
al their day off, said member shall be compensated at one and one -half their
scheduled rate of pay, in accordance with FLSA, up to a maximum. of 20
hours of overtime per calendar year.
(e) A Deputy Chief shall be in charge of the YFD Technical Rescue Team
activities at the Administrative level. A team member in good standing shall
be in charge (Team Leader) of the YFD Technical Rescue Team activities at
the team level.
(f) Rank amongst Union members performing Technical Rescue work shall ' not
be recognized while functioning as part of the Technical Rescue Team. All
union members participating in this team shall perform on an equal level all
work they are assigned by the Incident Commander.
(g) In the event that any union member, with prior written approval, attends
training related to his duties as a Technical Rescue. Team member off duty, it
shall be known that said member shall be attending as an employee of the
City.
21. -10. ARFF (Aircraft Rescue. and Fire Fighting). The on -duty. Certified ARFF person
assigned to the Crash Truck will be paid twenty-five dollars ($25) per shift,
dependant upon the individual serving a minimum of ten (10) hours in the
position and meeting the standards set forth by the FAA and the Yakima Fire
27 .
International Association of Firefighters (IAFF)
LEOFF Bargaining Unit
January 1, 2011 to December 31, 2011
Department.. The shift officer of Station .. 94 shall assign the individual to the
position with concurrence of the shift commander. Split shifts will be managed in
the manner that generally only one person per shift will receive the ARFF pay.
21.11 K -9 handler pay. The K -9 handler shall receive differential pay of 4.5% of the top
step firefighter.
21.12 HAZARDOUS MATERIAL TECHNICIAN.
(a) The City will allow up to twelve (12) Local 469 LEOFF Union members
of any rank to participate in the YFD HazMat response team based on
their ability to meet the standards set by the bylaws governing the Tri-
County Hazardous Materials Response Team.
(b) The . City shall compensate said members a monthly percentage of two
percent (2 %) of the top step firefighter.
(c) In the event that there are changes in the specific HazMat duties and /or
scope of responsibilities of the aforementioned twelve IAFF 469 members
after execution of the Tri- County Hazardous Materials Response Team
agreement, the City and the Union shall conduct any legally required
negotiations on the effects of the change(s).
(d) The City shall furnish the Union with a copy of the Tri - County HazMat
agreement when executed and changes as they occur in the future.
(e) The participating Union members shall attend the initial forty (40) hour
HazMat Technician Course. Personnel on -duty will be granted city
business leave and off -duty personnel will be compensated at the overtime
rate pursuant to the existing IAFF• Local 469 Collective Bargaining
Agreement.
(f) The participating Union members shall complete the annual required 24-
hours continuing education as required by Washington Administrative
Code 296 - 824 -300. Union members are not required to meet the 24 -hour
continuing education requirement on their own time without
compensation. If the Union member is required by fire administration to
meet the 24-hour continuing education on their day off, said member(s)
shall be compensated at one and one -half their scheduled rate of pay.
Union members may be allowed to , utilize pre- recorded classroom lectures
or alternative methods of instruction (multi -media training, DVD,
interactive. CD, etc.) in lieu of scheduled classes in the event that : the
member cannot attend on their scheduled shift.
28 ®'
International Association of Firefighters (IAFF)
LEOFF Bargaining Unit
January 1, 2011 to December 31, 2011
® (g) A Deputy Chief shall be in charge of the YFD HazMat activities. It shall
be the responsibility of fire administration to execute all non - incident
related administration of this division. \
(h) Rank amongst Union ` members performing HazMat work shall not be
recognized while functioning as part of the Tri- County Hazardous
Materials Team. All Union members participating in this team shall
perform on an equal level all work they are assigned by the Incident
Commander. .
(i) Any required medical or physical examination, as it relates to said team,
shall be paid for one hundred percent (100 %) by the City of Yakima. This •
cost shall not be :a part . of nor reflected in the members' negotiated
Medical Benefit Plan.
21.13 Specialty Assignment Selection Process. The parties agree to meet and confer on
a policy regarding the selection process for specialty assignments.
ARTICLE 22 — VACATION LEAVE & KELLY DAYS
22.1 Vacation Leave. Each LEOFF employee shall have a vacation account. Accruals
to this account for LEOFF employees working straight day shifts shall be at the
following rates.
411
Service in Years . Accrual Hrs /Mo. Accrual Hrs /Yr. Maximum Accrued -
0 -3 7.33 88. 204
3 -7 8.66 104 • . 252
7 -10 10.66 128 300
10 -15 12.66 152 348
15 -20 • 14.66 • 176 396.
20 + 16.66 200 444
22.2. LEOFF employees assigned to a 24 -hour shift shall be eligible to carry maximum
vacation leave accumulations according to the following schedule:
Service in Years Accrual Hrs /Mo. Accrual Hrs/Yr. Maximum Accrued
0 -5 • •12 144 • . • 300
5 -10. 14 • 168 348
10 -15 16 192 396
15=20 .18 21'6 444
20+ 20 240. 492
22.3 Service in years for LEOFF classifications is defined as the most recent period of
employment unbroken by voluntary termination, voluntary retirement, voluntary
® 29
International Association of Firefighters (IAFF)
LEOFF Bargaining Unit =` -
January 1, 2011 to December 31, 2011
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 III
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 reemployment for any reason shall constitute a break in service.
(No service credit shall accrue during periods of layoff.)
22.4. If a LEOFF employee is transferred from twenty -four (24) hour shift schedule to
day shift and is over the day shift maximum accrual, said employee will be given
an opportunity to use up leave within six (6) months from the date of transfer.
22.5 Scheduling of Vacation, Kelly Days, and Days Off in Lieu of Holidays for
LEOFF Employees.
(a) The City shall allow five (5) positions per shift, for shift employees from
the bargaining unit to be released from duty at any one time for scheduling
of vacation, Kelly days, or holidays subject to the subsection below.
(b) Any request for partial shifts of less than 10 hours shall only be granted
under the following:
• The request must be made to and approved by the shift commander no less
than 24 hours prior to the time requested.
• Any hiring for less than ten hours shall be done by the paging system.
After 10 minutes, the overtime hours shall be awarded to the respondent
highest on the hiring list for the position to be filled.
22.6 For LEOFF classifications, any vacation accumulated over the stated limits shall
be paid at hundred percent (100 %) of base wage as of December 31 of each
year; provided, however, at least seventy -five percent (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 Employers' inability to reschedule the vacation
time off. Neither party shall unreasonably withhold approval of rescheduling' of
vacation previously canceled.
22:7 Employees shall be able to cancel scheduled earned leave with thirty (30) days
notice.
30
International Association of Firefighters (IAFF)
LEOFF Bargaining Unit -
January 1, 2011 to December 31, 2011
ARTICLE 23— LEOFF EMPLOYEE HOLIDAYS
23.1. (a) At the first of each year, all LEOFF members of the bargaining unit will
receive a credit of 120 hours to their holiday leave account. N
employees hired after that date will receive holiday credits at the rate ew
hours per month for. all months remaining in the calendar a N w 10
employees must be scheduled to. work for more than one -half Yee. New
month's shifts in order to receive holiday credit for the month h i n of the
they were hired. n which
(b) Employees transferring from days to shifts will receive
the rate of ten (10) holiday hours per month for the ' cal nay credits s
remaining in the year. Employees transferring from shifts to days will
have ten (10) hours per month for each calendar month remaining Y will
year deducted from their 120 hours of holiday credits which shall not the
reduced to less than zero credits. The employee's schedule not which
• encompasses more than one -half (1/2) of a month shall determine whether
or not credits are added or reduced for that month.
23.2 Holiday time must be used in the calendar year in which
not carry -over into successive calendar years. Unused holiday t me bend may
one hundred percent (100 %) of the base wage as of December 31 paid at
to a maximum of ninety -six (96) hours per employee. of each year up
® 23.3 An employee who uses up their 120 hours of holidays and s
before December 31 shall have 10 hours removed from heir ea earned leave account
the Department
for each month remaining in the year that the em to ee
one (1) shift. p Y has not worked at least
- 23.4 If an employee has not used the holiday time in the
earned due to long term sick leave, disability leave, disability year retirement or la which is oyoff f
then the employee shall be paid for unused holiday time at ten month for those months in which the employee has actually worked hours per
(5) shifts. at least five
ARTICLE 24 — SICK LEAVE ACCRUAL/EX CHANGE FOR LEOFF
EMPLOYEES
24.1 Regular LEOFF II employees. workin
-- , accrued sick leave for. a g a 24-hour shift schedule may exchange
pay or for additional leave time as appropriate, in
accordance., with the options provided the employee, subject
provisions:
subject to the following.
ro
}
0 . International Association of Firefighters IAF 31
LEOFF Bargaining' Unit F)
January 1, 2011 to December 31, 2011
; =, \',
hi L
•
No exchange of accrued sick leave for additional leave days or for cash will be 411)
Y
granted for those - employees with 1080 hours or less of accrued sick leave
except:
(a) . - Upon retirement or death, the employee's accrued sick leave up to .1080
hours or less will be exchanged for pay at the rate of sixty percent (60 %)
of hours at one hundred percent (100 %) of the employee's current base
pay. To qualify, the employee must have at least twenty (20) years of
_ service within the LEOFF II pension system.
(b) Upon termination under honorable conditions, as distinct from retirement
or death, the employee's accrued sick leave up to 1080 hours or less will
be exchanged for pay at the rate of twenty -five (25 %) of the employee's
current base pay. Honorable termination includes resignation with proper
notice.
•
(c) Upon involuntary termination under honorable conditions, e.g., layoff for
budget reasons, accrued sick leave up to 1080 hours or less will be
exchanged for pay at the rate of fifty percent (50 %) of the employee's
current base pay.
(d) In the event of death in line of duty, all hours of sick leave will be
exchanged for pay at the rate of one hundred percent (100 %) of the
employee's current base pay.
•
24.2 Exchange of accrued sick leave for additional leave days or for cash will be
granted to regular LEOFF II employees who have accrued more than 1080 hours
of sick leave, subject to the following provisions:
(a) Upon retirement or death, accrued sick leave up to a cap of 1440 hours
will be exchanged for pay at the rate of sixty percent (60 %) of hours at
one hundred percent . (100 %) of the employee's. current base pay. To
qualify, the employee must have at least twenty (20) years of service
within the LEOFF II pension system. ;
(b) Upon termination under honorable conditions, as distinguished from death
or retirement, accrued sick leave up to a cap of 1440 hours will be
exchanged for pay at the rate of fifty percent (50 %) of the employee's
current base pay.
(c) Employees who have accrued more than 1080 hours of sick leave may
exchange such sick leave for bonus (additional) leave at the rate of three
(3) shifts of sick leave for each additional vacation shift, not to exceed a
•
total of five (5) added vacation shifts annually, utilization of which would •
be subject to the scheduling and approval of the department head. ® .
32
International Association of Firefighters (IAFF)
LEOFF Bargaining Unit
January 1,2011 to December 31, 2011
•
(d) Upon involuntary termination under honorable conditions, e.g., layoff for
budget reasons, 1080 hours of accrued sick leave up to .a cap of 1440
hours will be exchanged for pay at the rate of fifty percent (50 %) of the
employee's current base pay.
(e) In the event of death, in the line of duty, all hours. of accrued sick leave
will be exchanged for pay at the rate of one hundred percent (100 %) of the
employee's current base pay.
24.3 The maximum accumulation of sick leave for LEOFF II employees shall be a
total of 1,440 hours for any purpose including use and/or exchange.
24.4 Sick Leave Exchange Procedure. Any regular LEOFF II employee may exchange
accrued sick leave as provided in Sections 24.1, 24.2, 24.6, 24:7 or 24.8 herein at
the option of the employee, subject to the following conditions and provisions:
(a) Authorization for such an exchange shall be made bytime ticket submitted
to the Fire Chief or his designee.
(b) No exchange will be granted for less than twenty -four (24) hours of
vacation leave.
(c) . No exchange will be granted to an employee who has been terminated for
cause.
24.5 Regular LEOFF II employees hired on or after October 1, " 1977 shall be granted
sick leave in accordance with Municipal Code 2.22.075.
24.6 LEOFF II personnel working a 40 -hour week shall . be eligible to exchange sick
leave according to the following schedule. A maximum of 1040 hours may be
accumulated for either exchange or use
No exchange of accrued sick leave for additional leave days or for cash will be
granted for employees with 720 hours or less of accrued sick leave, except:
(a) Upon retirement or death, the employee's accrued sick leave up to 720
hours or less will be exchanged for pay at the rate of sixty percent (60 %)
- of the employee's current base pay. To qualify, the employee must have at
least twenty (20) years of service within the LEOFF II pension system..
(b) Upon termination under honorable conditions, as distinct from retirement
or death, the employee's accrued sick leave up to 720 hour or less will be
exchanged for pay at the rate of twenty-five percent (25 %) of the
employee's current base pay.. Honorable termination includes resignation
with proper notice:
33.
International Association of Firefighters (IAFF)
LEOFF Bargaining Unit
January 1, 2011 to December 31, 2011 ,
(c) Upon involuntary termination under honorable conditions, e.g., layoff for
budget reasons, accrued sick leave up to 720 hours or less will be
exchanged for pay at the rate of fifty percent (50 %) of the employee's
current base pay.
•
• (d) In the event of death in the line of duty, all sick leave will be exchanged
for pay at the rate of one hundred percent (100 %) of the employee's
current base pay.
24.7 Exchange of accrued sick leave by 40 -hour week employees for additional leave
days or for cash will be granted to regular LEOFF II employees who have accrued
720 hours or more, subject to the following provisions:
• (a) Upon retirement or death, the employee's accrued sick leave up through a
maximum 1040 hours will be exchanged for pay at the rate, of . sixty
percent (60 %) of the employee's current base pay. To qualify, the
employee must have at least twenty (20) years of service within the
LEOFF II pension system.
(b) Upon termination under honorable conditions, as distinguished from death
or retirement, the employee's accrued sick leave up through a maximum -
of 1040 hours will be exchanged for pay at the rate of twenty -five (25 %)
of the employee's current base pay.
(c) Upon involuntary termination under honorable conditions, e.g., layoff for
budget reasons, the employee's accrued sick leave up through a maximum
of 1040 hours will be exchanged for pay at the rate of fifty percent (50 %)
of the employee's current base pay.
(d) �In the event of death in the line of duty, the employee's accrued sick leave
will be exchanged for pay at the rate of one hundred percent (100 %) of the
employee's current base pay. •
(e) Employees who have accrued more than 720 hours of sick leave may
exchange such sick leave for bonus (additional) leave at the rate of twenty-
four (24) hours of.sick leave for an additional vacation leave day eight (8)
• • hours, not•to exceed a total of forty (40) hours added vacation leave days
annually, utilization of .which would be subject to the scheduling and
approval by the department head.
•
24.8 • In December of each year, any accruals by 40 -hour week •employees beyond a
1040 hour limitation will be automatically exchanged based upon the formula of 8 .
hours pay for each thirty -two (32) hours accrued or a percentage thereof for
34 0
International Association of Firefighters (IAFF)
LEOFF Bargaining Unit •
• January 1, 2011 to December 31, 2011
•
•
smaller accruals. Such pay will appear on the employee's final paycheck for the
year.
24.9 LEOFF • II personnel reassigned from shifts to days shall have all hours of accrued
sick leave converted utilizing the factor of 1040/1440 or .7222 and personnel
reassigned from days to shift shall have all hours of accrued sick leave converted
utilizing the factor of. 1440/1040 or .1.385: In no case can the employee accrue
more than the maximum sick leave allowance.
24.1.0 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.
24.11 All final cash out .proceeds under this article will be contributed to the
Washington State Council of Fire Fighters Benefit Trust Retiree Medical Account
(MERP). (Refer to Article 40 of this agreement)
ARTICLE 25 -SICK LEAVE POOL
25.1 Local 469 Executive Board will manage and is solely responsible for the
4.1 administration of the IAFF Sick Leave Pool and the processing of requests.
All " requests processed by the Payroll Office by the fifteenth (15 of a month
shall be effective for that month.
Records of all transactions from the leave pool to the recipient will be maintained
by the . Payroll Office. If specific medical information is submitted it will . be
maintained in the employees' medical file in the Human Resources Office.
ARTICLE 26 — BIRTHING LEAVE/MATERNITY LEAVE
26.1 " Pregnancy and maternity /paternity leave will be treated in accordance with state
and federal law.
ARTICLE 27 — LIGHT DUTY FOR LEOFF II EMPLOYEES
27.1 Off-duty extended injury, illness or pregnancy.
• LEOFF II employees who are off -duty due to an extended off-duty injury or
illness and cannot perform their regular duties may request in writing to the Chief
of the Department an assignment to light duty. Any light duty assignment will be
contingent on the Department's needs and the employee's ability to perform
II° . 35 .
International Association of Firefighters (IAFF)
LEOFF Bargaining Unit
January. 1, 2011 to December 31, 2011
•
assigned duties within the scope that would be allowed based on a physician's
recommendation. All light duty assignments will be for up to (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 consistent with a day position. 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 utilizing the factor of
1040/1440 or .7222. Upon return to the 24 -hour shift assignment their sick leave
hours will be converted utilizing the factor of 1440/1040 or 1.385. In no case can
the employee gain more than 100% of sick leave or income from this assignment.
27.2 On -duty extended injury or illness.
LEOFF II employees 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 up to
(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 consistent with a day position.
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
utilizing the factor of 1040/1440 or .7222 and upon return to the 24 -hour shift will
have their sick leave converted utilizing the factor 1440/1040 or 1.385. In no case
can the employee gain more than 100 % of sick leave or income from this
assignment.
ARTICLE 28 — COMPENSATORY TIME OFF
28.1 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 (E). Compensatory
time shall be separately accounted for and will have to be cleared by use or pay by
December 31, annually.
International Association of Firefighters (IAFF)
36
LEOFF Bargaining Unit
January 2011 , to December 31, 2011
Up to one (1) average work week's worth of hours may be accumulated (i.e., forty
® (40). Use shall be scheduled of the City's discretion with due regard to the wishes
of the employees and the City's work requirements. .
28.2 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 Fire
Department and shall include a statement of hours signed by the relevant court
clerk.
28.3 An off duty employee who is required by the Chief of the Department 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 28.2 of this
_ Article. Verification of attendance shall be on a form prescribed by the Fire
Department and shall include a statement of hours of attendance signed by the .
relevant court clerk.
28.4 Training 'Time.
For LEOFF. employees, off duty training that is required by the Chief of the
Department or his designee shall be paid at overtime rate pursuant to Article 29.3
for each hour or portion thereof that is spent in actual training. .
ARTICLE 29 OVERTIME FOR LEOFF EMPLOYEES
29.1 Only the hours that a LEOFF employee is physically present on his assigned shift
or work period are considered hours worked. •• .
29.2 • When LEOFF employees . assigned to a 24 -hour shift work more than 182 hours
on their assigned shifts in a 24. day work period, or in the case of other LEOFF
employees, 40 hours in a 7 day work period, such employees shall be paid at the
overtime rate required by the Fair Labor Standards Act for all hours worked in
excess of 182 hours or 40 hours, respectfully. .
29.3 Premium Duty Pay. LEOFF personnel working outside of . their normally
scheduled shifts at a time they are not assigned to work, except as noted in 29.4
below, shall be paid at the overtime rate required by the Fair Labor Standards Act.
29.4 Emergency Duty Pay. When LEOFF personnel are called from off -duty by the
Fire Chief or his/her designee because of an emergency the employee shall
receive Emergency Duty Pay. The Emergency Duty Pay rate shall be calculated
by dividing base monthly salary by 173.33 and multiplying the result by 1.5.
37
International Association of Firefighters (IAFF)
LEOFF Bargaining Unit
January 1, 2011 to December 31, 2011 •
29.5 Fractions of an hour served on overtime duty shall be rounded to the next full 0
hour for the purpose of computing the amount of overtime.
ARTICLE 30 — DUTY WEEK FOR LEOFF EMPLOYEES
30.1 The average hours of duty for 24 -hour shift LEOFF employees shall average fifty-
point four six (50.46) hours per week.
30.2 The employees serving in the positions of Deputy Fire Marshal, Assistant Fire
Marshal, Training Captain, and Training Lieutenant shall work a shift consisting
of forty (40) hours per week in the form of five (5) eight (8) hour days. Alternate
forty (40) hour shifts may be worked as mutually agreed upon by the employee
and the employer.
ARTICLE 31— TOBACCO USE ON DUTY
31.1 The Union and the City recognize that health problems are caused by smoking
and tobacco use and therefore agree to the elimination of the use of all tobacco
products by all members of the Fire Department from all areas within fire stations,
administrative offices, shops and any other 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 32 — PHYSICAL FITNESS
32.1 For LEOFF employees, there shall be established a physical fitness committee.
Composition of the committee shall consist of:
(a) Two members designated by the Fire Chief.
(b) Two members of the bargaining unit.
(c) One member from outside the department, selected by the other four
members to serve as chairperson. The outside representative should have
the following professional characteristics: Experience or education in
physical fitness, or medicine or related field:
32.2 The purpose of the committee is to develop a physical fitness program, establish
policy, manage the on -going program and make appropriate recommendations on
awards and/or discipline.
32.3 The Physical Fitness Program established by the Physical Fitness Committee shall
be reviewed and revalidated annually by the Department and the Union. The
38
International Association of Firefighters (IAFF)
LEOFF Bargaining Unit
January 1, 2011 to December 31, 2011.
program and the policy governing this program shall not be changed except by the
® . " mutual consent of the Department and the Union. -
32.4 Both parties have agreed to jointly work on addressing issues and programs
pertaining to physical fitness.
32.5. Upon request by the fitness committee, only the medical results that pertain to
physical fitness shall be given to the committee.
32.6 The City shall schedule and pay for medical examinations for employees in the
bargaining unit at age 35 and 37 and every two years after the age of 40. The City
shall send notification to the employee at least 60 days prior to his/her birthday
that the examination is due. The employee shall sign a letter stating whether
he /she wishes to have the examination.
ARTICLE 33 — CREATION OF NEW LEOFF CLASSIFICATIONS
33.1 The salary, hours of work, working conditions, selection criteria and fringe
benefits for all newly created classifications or classification modifications within
the bargaining unit shall be negotiated with the Union prior to the filling of any
position within the new classification.
ARTICLE 34 - DEFERRED COMPENSATION FOR LEOFF EMPLOYEES
II/ .34.1 Each bargaining unit member shall employee's
g be paid, in addition to that employee s
monthly salary, deferred earned compensation each month in an amount equal to
four percent (4 %) of base pay to a deferred compensation account.
34.2 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..
34.3 If 50% or more of the members of the bargaining unit elect to enroll in the new
IAFF program, then 1.00% " of the members shall move to . the IAFF deferred
compensation program.
35 DISCIPLINE POLICY
35.1 Policy Supersedes: The Disciplinary Policy is incorporated into this
Agreement and is attached hereto as "Appendix • A. In accordance with
relevant PERC decisions and by agreement of the Parties should a conflict
occur between the provisions of collectively bargained Appendix A " and : the -
® 39
International Association of Firefighters (IAFF)
LEOFF Bargaining Unit
January 1, 2011 to December 31, 2011
provisions of Rule XIX - Disciplinary Actions, contained in the General Rules
and Regulations of the Civil Service Commission For Fire Department Employees
of the City of Yakima then such conflict shall be resolved in favor of the
provisions in Appendix A which shall supersede. Where there is . no conflict
between Appendix A and Rule XIX the provisions of each shall equally apply to
employee discipline.
35.2 Election of Remedies: The use of the CBA grievance procedure will constitute an
election of remedies. Except as provided for in Article 9.3 (h), an employee
seeking redress through the Labor Agreement may not seek judgment of the
same matter through the Civil Service Commission.
ARTICLE 36 — MUNICIPAL CODE SECTIONS PERTAINING TO LEOFF
EMPLOYEES
2.01 Group Insurance
2.04.010 Plan Adopted
2.04.030 City Contributions
2.16 Bonds For Officers
2.16.010 Bonds Required — Amount
2.20 Salaries
2.20.010 Persons Subject to the Plan
2.20.040 Policy for Pay Steps
2.20.060 Transfer, Promotion, Reclassification, Demotion or Reinstatement of
Employees
2.20.070 Reduction in Salary
2.20.080 Effect on Budget
2.20.085 Reimbursement for Expenditures
2.20.86 _ Reimbursed Expenditures — Amounts
2.20.088 Uniform Allowance — Special Assignment Pay
2.20.100 Classification Plan
2.20.110 Compensation Plan
2.22 Fire Department — Working Conditions
2.22.010 Work Week
2.22.020 Calling Off -Duty Firefighters in an Emergency
2.22.030 Compensation
2.22.040 Overtime Pay
2.22.050 Special Assignment Pay
2.22.060 Time -off Privileges — Vacation Leave
2.22.070 Time -Off Privileges — Compassionate Leave
2.22.075 Time -Off Privileges — Sick Leave
2.22.80 Holidays
40
International Association of Firefighters (IAFF)
LEOFF Bargaining Unit
January . 1, 2011 to December 31, 2011
- 2.24 Longevity Plan
2.24.010 Longevity Plan _ Eligibility - Restrictions - .
2.24.015 Longevity Plan - Service Recognition Award
2.24.20 Leave Of Absence for Service in Armed Forces
2.40 Leaves of Absence
2.40.010 Eligible Employees
2.40.020 Vacation Leave
2.40.030 Sick Leave
- 2.40.040 Civil Leave
2.40.050 Military Leave
2.40.060 Leave Without Pay .
2.40.70 . Unauthorized Absence
2.44 • . Lobbying by City Personnel • .
2.44.030. Permitted Activities of Representatives
2.44.040 Payment for Services of Representatives
2.44.050 Prohibited Expenditures
2.44.060 Ethical Practices and Conduct
In cases of conflict between the Municipal Code and this Agreement,, the latter shall
0 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 37 — ENTIRE AGREEMENT
37.1 The Agreement expressed herein in writing constitutes the entire agreement as
negotiated between the parties and no oral statement or previous written
agreements shall add to or supercede any of its provisions:
37.2 The City and the Union agree to establish a regular monthly meeting for the
purpose of discussing matters considered of importance to them respectively 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. •
The City and the Union may voluntarily and mutually agree upon solutions to the
aforementioned problems, real or developing and such agreements shall, when
appropriate, be reduced to a memorandum and attached to this .Agreement.
®. 41
International Association of Firefighters (IAFF)
LEOFF Bargaining Unit -
January 1, 2011 to December 31, 2011
37.3 Date of Hire List for LEOFF Employees. The City will provide a date of hire list
for LEOFF employees no later than February 1 of each year to be posted at all
fire stations.
ARTICLE 38 — NO PYRAMIDING
38.1 Nothing contained in this agreement shall be interpreted as requiring duplication
or pyramiding of overtime payments involving the same hours of labor except as
otherwise specifically provided in this agreement.
ARTICLE 39 — SAVINGS CLAUSE
39.1 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 complyy with the Americans with
Disabilities Act and the Family Medical Leave Act.
ARTICLE 40 — MEDICAL SAVINGS ACCOUNT
40.1 The City and the Union have agreed to implement a medical reimbursement plan
for Bargaining Unit members for the term of this agreement.
40.2 Conversion of Sick Leave Cash out to Retiree Medical Savings Account.
(a) The City shall participate in the Washington State Council of Fire Fighters
Employee Benefit Trust (the "Trust Agreement ") and the Premium
Reimbursement Plan of the Washington State Council of Fire Fighters
Employee Benefit Trust (the "Plan") 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. IRS codes require all eligible employees to
participate.
40.3 Monthly Contributions.
In addition to the conversion of sick leave cash out to Retiree Medical Savings
Account described above, the City shall make the following monthly
contributions to the Plan on behalf of Bargaining Unit members:
42
International Association of Firefighters (IAFF)
LEOFF Bargaining Unit
January 1, 2011 to December 31, 2011
(a) . The City shall deduct monthly contributions on a pre -tax basis in the amount
of Seventy -five Dollars ($75.00) per month from the base salary of each
LEOFF II employee covered by this Agreement, to the Washington State
Council of Fire' Fighters (WSCFF) Employee Benefit Trust. The Union shall
have the option to adjust their portion of the contribution rate from time to
time, as a result of premium changes by the Trust. Effective 1/1/08, the City
shall pay for $45.00 Dollars of the Seventy -five Dollars ($75'.00) contribution
to the Benefit Trust.
(b) The City shall transmit, mail or forward the monthly contribution on or about
the sixth of every month, but no later than the tenth, for that month's
contribution.
40.4 The Union and the Employees agree to hold the Employer harmless and
indemnify the Employer from any and all liability, claims, demands, law suits,
and /or losses, damage or injury to persons or property, of whatsoever kind, arising
• from and in any way related to the implementation and administration of the Trust
Fund. The Union and Employees shall be one hundred percent (100 %) liable for •
any and all liabilities that arise out of the Trust Fund. The Union and Employees
shall be liable for any and all tax .penalties; as well as any other liabilities arising
out of the implementation and administration of the Trust Fund.
ARTICLE 41— MEMORANDUMS OF UNDERSTANDING (MOU's)
41.1- The arties acknowledge that the need for a Memorandum of Understanding
p
(MOU) may arise during the term of this agreement. All MOU's developed _
during the . course of this agreement shall be incorporated as appropriate in the
successor agreement as negotiated and agreed upon by the parties.
The Addendum to LEOFF CBA signed January 7, 2011 that reflects concessions
between the IAFF Local #469 and the City of Yakima, will remain in effect
until 11:59 pm on December 31, 2011 at which time the addendum in its entirety
will be null and void and purged from the CBA.
ARTICLE 42 - TERM OF AGREEMENT
42.1. This Agreement shall be deemed effective from and after the 1 day of January
2011 through the 31 day of December, 2011; 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.
S �
Executed by the parties hereto this Q day of , 2011.
International Association of Firefighters (IAFF)
LEOFF Bargaining Unit
January 1, 2011 to December 31, 2011 .
Recommended by:
O
LOCAL 469, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL -CIO
•
By:
Jeremy • ri_ , -
President, ocal 469
IAFF �
By: / < .4 _ rte
Michael Trujil 41 Vice President, • .1469
IAFF
By:
Mike Wagner
Secretary- Treasurer, Local 469
IAFF
CITY OF YAKIMA
By:
Michael A. Morales
Interim City Manager
411
By:
Dave Willson
Acting Fire Chief
ATTEST:
By:
Deborah Kloster
City Clerk
City Contract No.
Resolution No.
44 1 International Association of Firefighters (IAFF)
LEOFF Bargaining Unit
January 1,2011 to December 31, 2011
a _ APPENDIX A
Yakima Fire Department -
DISCIPLINARY POLICY
Purpose: To increase professionalism, improve morale, improve
manager /employee relations, foster long -term positive change, and deter future .
performance deficiencies.
The City of Yakima Fire Department and Yakima Public Safety Communications Center
hereby adopts the following disciplinary guidelines, relating to the administration a process
of corrective disciplinary actions.
This policy is in addition to any applicable policies, SOPs, and guidelines regarding
disciplinary action applicable to bargaining unit members, including the Fire Civil
Service Rules and Regulations.
Procedure
A. Progressive Discipline
The process of progressive discipline is intended to assist the employee in overcoming
0 performance problems and to meet job expectations. Progressive discipline is most
successful when it assists an individual in becoming an effective, and productive member
of the organization.
Failing that, progressive discipline enables the organization to address misconduct or sub-
standard performance of employees who demonstrate an unwillingness or inability to
improve.
Generally, there are four main types of corrective disciplinary action; oral reprimand, • '
written reprimand, suspension, and discharge. Demotions, deductions of pay within the
pay range, and other forms of discipline may also be used depending on the
circumstances. The four main types of corrective discipline are defined as follows:
1. Oral Reprimand — Any instance in which an employee is issued an oral reprimand
for an infraction or performance deficiency by any supervisor.
An oral reprimand shall include all of the following:
• A meeting with the employee and his/her immediate supervisor.
• The employee informed that this is an oral reprimand
• Oral reprimands will be memorialized by memo to include the date and time of
® 45
International Association of Firefighters (IAFF)
LEOFE Bargaining Unit
January 1, 2011 , to December 31, 2011
the infraction, the department policy, SOP or guideline that has been violated;
41)
an action plan to correct the behavior and action necessary to avoid further
discipline.
• A memo documenting receipt of the oral discipline shall be signed by the
individual and the immediate supervisor. This memo is to be filed with his or
her immediate supervisor and a copy is to be provided to the employee. Memo
is not placed in employee's personnel file.
2. Written Reprimand — Any instance in which an employee is formally issued a
written reprimand document for an infraction or performance deficiency by any
supervisor.
Written reprimand shall include all of the following:
• A meeting with employee, immediate supervisor,
• The employee informed that this is a formal written reprimand.
• Written reprimands will be memorialized by a letter which shall document date
and time of the infraction, the department policy, SOP, or guideline that has been
violated, the previous related discipline, an action plan to correct the behavior
and action necessary to avoid further discipline.
• A copy shall be maintained in employee's personnel file and given to the
employee.
0 3. Suspension — Any instance in which any employee is released from duty without pay
from city service.
If subsequent to a satisfactory investigation, suspension of an employee is the
contemplated level of discipline the process shall include all of the following:
• Provide the employee with a pre - disciplinary letter that schedules the
"Loudermill" meeting with the employee.
• The pre- disciplinary letter shall inform the employee of the alleged policy, SOP
or guideline violation, including time and date. Also include any previous related
discipline, violations and the anticipated level of discipline
• A discipline letter will be issued informing the employee of the length of the
suspension, containing an action plan designed to correct the behavior. The letter
will also contain action necessary to avoid further discipline and detail the
employee's return to work.
• The original disciplinary letter will be provided to the employee and a copy of
the pre - disciplinary and d disciplinary letters will be maintained in the employee's
personnel file.
4. Discharge — Any instance in which an employee is involuntarily terminated from city
service.
46
International Association of Firefighters (IAFF)
LEOFF Bargaining Unit
January 1, 2011 to December 31, 2011
•
• If subsequent to a thorough investigation, discharge of an employee is the
contemplated level of discipline the process shall include all of the following:
• Provide the employee with a pre - disciplinary letter that schedules the
"Loudermill" meeting with the employee.
• The pre - disciplinary letter shall inform the employee of the alleged
policy, SOP or guideline violation, including time and date. Include
previous related discipline and violations and anticipated level of
discipline.
• :A discipline letter will be issued that informs the employee of the effective date
of the discharge and appeal process.
• The employee will be given the original disciplinary letter and a written copy of
the pre - disciplinary and disciplinary letters will be maintained in the
- employee's personnel file.
B. Progressive Disciplinary Process
When a sub - standard performance persists despite informal counseling, coaching or
remedial training, an increase in the level of disciplinary action will be initiated and
directed toward correcting the behavior. Continuing offenses, which alone may justify
® nothing more severe than a written reprimand, may be cause for more serious discipline up
to and including discharge should the employee not make the corrections required. The
Progressive Disciplinary process will utilize only the level of discipline and corrective
action necessary to achieve the improved performance and deter future rule violations..
All oral reprimands shall be placed on file in the Deputy Chief or Communications
Supervisors office. Oral reprimands are not to be placed into the employee's personnel file
and shall be removed from the Deputy Chief or Communications Supervisors file upon
request of the employee after two years.
Written and suspension documentation shall be placed in the employee's personnel file.
Time begins the day the documents are filed into the employee's personnel file. The
documentation shall be removed upon request of the employee after two years.
Consistent with the Fire Civil Service Rules and Regulations, an employee disciplined
under this polity may file with the Civil Service Commission a written request for a
hearing, within 15 days from the time of receipt of written notice of such discipline,
whereupon, consistent with the Rules, the Commission shall conduct such hearing. Failure
to file such written request within the time specified shall be deemed a waiver of any right . .
of review.
C. Definitions of levels of infraction:
40 '47
International Association of Firefighters (IAFF)
LEOFF Bargaining Unit
January 1, 2011 to December 31, 2011
Minor Infraction — Any violation that does not compromise safety, efficiency, or the
ability to properly respond to or process an emergency call. Violations of this type may 411)
rise to the level of an oral or written reprimand. Multiple violations may rise to the
level of termination.
Examples but not limited to:
• Tardiness
• Inefficiency or inattention to duties
• Failure to maintain satisfactory and harmonious working relationships
(depending on the extent, this may be considered a more serious infraction).
More Serious Infraction — Any violation that compromises the integrity of the
department or the city or which the consequences cause only minor disruption of work.
Violations of this type may rise to the level of a reduction in pay, suspension or demotion.
Multiple violations may rise to the level of termination.
Examples but not limited to:
• Careless, negligent or improper use of City property
• Releasing confidential information without proper authority
• Unauthorized absence or improper use of any type of leave
• Public defamation of character or the organization
0 Intolerable Infraction — Any action that endangers the safety, health, or well -being of
another person. The act is of sufficient magnitude that the consequences cause disruption
of work or gross discredit to the Department or City of Yakima. Violations of this type may
rise to the level of immediate termination.
Examples but not limited to:
• Fighting with the intent to do bodily harm
• Insubordination, open and willfully defying of an order
• Consumption or distribution of alcohol or illegal drugs on duty
• Falsification, fraud, or willful omission of information related to the job
• Endangering of coworkers and/or civilians due to reckless behavior
• Pattern of performance deficiencies
D. Probationary Employees
These guidelines are designed to promote corrective discipline and do not apply to
probationary employees.
E. Training
In order to assist supervisors in enforcing this policy and applying discipline uniformly,
labor and management will cooperatively present training to all supervisors.
48
International Association of Firefighters (IAFF)
LEOFF Bargaining Unit
January 1, 2011 to December 31, 2011
COLLECTIVE BARGAINING AGREEMENT
By and Between
The City of Yakima
0 And
International Association of Firefighters Local #469
Yakima Battalion Chiefs
Effective:
January 1, 2011 through December 31, 2011
TABLE OF CONTENTS
ARTICLE .1 - UNION RECOGNITION AND BARGAINING UNIT 3
ARTICLE 2 = WAGES 3
ARTICLE. 3 - HEALTH CARE INSURANCE 3
ARTICLE 4 - MEDICAL EXPENSE REIMBURSEMENT PLAN (MERP) 4
ARTICLE 5 - SPECIAL PAY (Bi- lingual) 5
ARTICLE 6 - WORKWEEK 5
ARTICLE 7 - LONGCIEVITY PAY • 5
ARTICLE 8 - DEFERRED COMPENSATION . 6
ARTICLE 9 - PROMOTIONAL STANDARDS 6
ARTICLE 10 - VACATION LEAVE 6
ARTICLE 11 - HOLIDAY TIME 6
ARTICLE 12 - KELLY TIME 7
ARTICLE 13 - MEDICAL EXAMS 7
ARTICLE 14 - OVERTIME PAY 7
ARTICLE 15 - EMERGENCY CALLBACK 7
ARTICLE 16 - OVERTIME HIRING 7
ARTICLE 17 - VACATION AND SICK LEAVE CASH OUT 8
ARTICLE 18 - UNION BUSINESS LEAVE • 8
ARTICLE 19 - NATIONAL FIRE ACADEMY 8 ®.
ARTICLE 20 - -STATE MOBILIZATION • 8
ARTICLE 21 - COMMUNICATIONS PROGRAM 8
ARTICLE 22 - JOB SECURITY 8
ARTICLE 23 - DISABILITY INSURANCE 9
ARTICLE 24 - DRUG TESTING POLICY 10
ARTICLE 25 - DISCIPLINE POLICY 11
ARTICLE 26 - TERM OF AGREEMENT 11
International Association of Firefighters 2
Battalion Chiefs
January 1, 2011 to December 31, 2011
COLLECTIVE BARGAINING .AGREEMENT (CBA)
By and Between
THE CITY OF YAKIMA, WASHINGTON.
And
LOCAL 469,
- INTERNTIONAL ASSOCIATION OF FIREFIGHTERS,
• AFL -CIO •
GENERAL PROVISIONS
ARTICLE 1— UNION RECOGNITION AND BARGAINING UNIT
This CBA acknowledges and confirms the agreement by and between the City of Yakima
and the Battalion Chiefs of Yakima Firefighters Local #469 regarding compensation and
specific employment matters for the Battalion Chiefs.
The parties agree to the following points having been addressed and clarified regarding
issues, which may or may not be addressed in the Management. Compensation Plan or
supplement said Plan.
Except as provided for herein, the Battalion Chiefs shall be a part of but not limited to the
Management Compensation Plan adopted in Ordinance No.. 94 -83. effective April 16,
1995.
ARTICLE 2 — WAGES
Effective 1 /1 /10:. Zero percent (0 %) wage adjustment.
ARTICLE 3 — HEALTH CARE INSURANCE .
The City shall maintain current Health Insurance Premiums as'. outlined in Management
Compensation :
Medical, Vision and Dental Care Coverage:
(a) Covered bargaining unit employees, retirees and their dependents shall
• participate in the "City of Yakima Employees' Health & Welfare Benefit
•
• . International Association of Firefighters 3
Battalion Chiefs
January 1, 2011 to December 31, 2011
Plans ". Eligibility rules, .types and or levels of benefits, payment of
II/
premiums through a cafeteria plan, co- payment, coinsurance and
deductibility requirements and all other terms and conditions for the
provision of these health benefits shall be governed by the "City of
Yakima Employees' Welfare Benefit Program ".
Health and Dental Care Premium Contributions:
(a) Dental Care Premium Contributions. The. City shall pay the premium for
employee and dependent dental care coverage.
(b) Employee contributions under this Article will be accomplished through
normal payroll deductions.
Retiree Coverage: The City of Yakima Employees' Health and Welfare Benefit Plan
shall provide retirees and dependents of retirees the right to remain in the group plan,
except in the case cited below.
(a) Retirees may elect to remain in the group medical plan until they reach
age 65, upon payment of the required premium.
(b) Spouses of retirees may remain in the group medical plan until they reach
age 65 or in the case of spouses of deceased retirees, until they reach age
65 or remarry, whichever occurs first.
(c) Other dependents of retirees may remain in the group health care plan as
long as they remain eligible under the provisions of the plan or when
coverage for the retiree and spouse, or, the spouse of deceased retiree
terminates, at which time such dependent insurance coverage would cease
regardless of the age of the dependents.
(d) Retirees, or spouses of deceased retirees, shall pay the premium and other
shared dependent coverage costs (including dependents if enrolled), which
shall be based on the same formula as active employees and dependents
within the bargaining unit. Premiums shall be paid by deduction from
retirement checks paid to retired employees or their beneficiary.
ARTICLE 4 — MEDICAL EXPENSE REIMBURSEMENT PLAN (MERP)
The City will allow members of this bargaining unit, who are eligible, to continue to
make contributions into and participate in the Washington Sate Council of Fire Fighters
Employee Benefit Trust (the "Trust Agreement ") and the Premium Reimbursement Plan
of the Washington Sate Council of Fire Fighters Employee Benefit Trust (the "plan ") at
their own _expense..
•
International Association of Firefighters 4
Battalion Chiefs
January 1, 2011 to December 31, 2011
All employees who have participated in the Medical Expense Reimbursement Plan
O (MERP) for not less than one month prior to being promoted into this bargaining unit
may continue to be plan participants. Internal Revenue Service (IRS) codes require all
eligible employees participate and there is no individual election to continue
contributions. Excess sick leave conversion rights are to the Medical Savings
Account/Voluntary Employees Beneficiary Association (MSA/VEBA) Plan for
management employees.
The Union and the Employees agree to hold the Employer harmless and indemnify the
Employer from any and all liability, claims, demands, law suits, and/or losses, damage or
injury to persons or property, of whatsoever kind, arising from and in any way related to
the implementation and administration of the Trust Fund. The Union and Employees
shall be one hundred percent (100 %) liable for any and all liabilities that arise out of the
Trust Fund. The Union and Employees shall be liable for any and all tax penalties, as
well as any other liabilities arising out of the implementation and administration of the
Trust Fund:
ARTICLE 5 — SPEICAL PAY
Bi- lingual Pay: A Spanish bilingual oral skills premium pay is established at $75.00 per
month subject to the employee achieving a passing score on the bilingual skills
examination conducted under the Fire Civil Services Rules and Regulations and
administered by the Civil Service Chief Examiner. The Fire Chief may waive this testing
411 requirement if the employee can demonstrate to the satisfaction of the Fire Chief, through
documentation or otherwise (i.e. court interpreter certification from the State of
Washington) that the employee has sufficient bilingual skills in the Spanish language to
benefit the Department.
ARTICLE 6 — WORKWEEK
The workweek for "Shift" Battalion Chiefs shall be 50.46 hours. •
ARTICLE 7 — LONGEVITY PAY
Longevity, shall reflect the current Longevity pay scale as outlined in the. Management
Compensation Plan, City of Yakima Municipal Code, Chapter 2.24, Longevity Plan
2.24.010(B)
Years of Service Percent of Base Pay
5... 2.5
10 4.0 .
15 5.5
20 7.0
24 ' 10.0
® `
International Association of Firefighters 5
Battalion Chiefs
January 1, 2011 to December 31, 2011
•
ARTICLE 8 — DEFERRED COMPENSATION
The City shall maintain current deferred compensation as outlined in Management
Compensation Plan.
Said deferred compensation is separate pay and is not part of the base monthly salary
schedule codified in Yakima Municipal Code Pay and Compensation Ordinance,
subsection 2.20.110. This provision is subject to the City's deferred compensation rules
and regulations adopted by the City Council and IRS regulations, and the computation of
retirement contributions and pension benefits shall be governed by applicable state law.
ARTICLE 9 — PROMOTIONAL STANDARDS
In order to test for the position of Battalion Chief, candidates will have three years
experience as an engine company officer in the rank of Captain or 5 years as Lieutenant
in the Yakima Fire Department. The candidate will have also successfully completed the
Battalion Chief Task Book issued by the Yakima Fire Department.
ARTICLE 10 — VACATION LEAVE
Battalion Chiefs assigned to Operations will be awarded vacation time in the following
manner.
Service in Years Accrual Hrs/Mo. Accrual Hrs /Yr. Maximum Accrued
0 -5 12 144 300
5 -10 14 168 348
10 -15 16 192 396
15 -20 18 216 444
20+ 20 240 492
ARTICLE 11— HOLIDAY TIME
At the first of each year, Battalion Chiefs will receive a credit of 120 hours to their
holiday leave account. New employees hired after that date will receive holiday credits
at the rate of 10 hours per month for all months remaining in the calendar year. New
employees must be scheduled to work for more than one -half (1/2) of the month's shifts
in order to receive holiday credit for the month in which they were hired.
Employees transferring from days to shifts will receive holiday credits at the rate of ten
(10) holiday hours per month for the calendar months remaining in the year. Employees
transferring from shifts to days will have ten (10) hours per month for each calendar
month remaining in the year deducted from their 120 hours of holiday credits which shall
not be reduced to less than zero credits. The employee's schedule which encompasses
more than one -half (1/2) of a month shall determine whether or not credits are added or
reduced for that month.
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Battalion Chiefs
January 1, 2011 to December 31, 2011
® Holiday. time must be used in the calendar year in which it was credited and may not
carry -over into successive calendar years. Unused holiday time will be paid at 100 % of
the base wage as, of December 31 of each year .up to a maximum of ninety -six (96) hours
per employee.
An employee who uses up their 120 hours of holidays and leaves the Department. before
• December 31 shall have 10 hours removed from their earned leave account for each -
month remaining in the year that the employee has not worked at least one (1) shift.
ARTICLE 12 — KELLY. TIME
Battalion Chiefs working the 48/96 schedule shall receive twelve (12) 24 hour shifts per •
year as Kelly Days pro -rated over the course of the year.
ARTICLE 13 — MEDICAL EXAMS
Complete medical physical exams will be provided at the City's expense at the . age of 40
and every two years thereafter. After the age of 50 annual medical exams will be
provided at the City's expense on the recommendation of a physician otherwise they will
be provided every two years. The City shall send notification at least 60 days prior to
his/her birthday that examination is due. The employee shall sign a letter stating whether
he /she wishes to have the examination.
410 ARTICLE 14 — OVERTIME PAY
Battalion Chief overtime pay shall be paid at a rate of one and one half times (11/2) the
straight -time hourly rate for each hour that is worked outside the normal weekly work
schedule to provide coverage of the Shift Commander position in the absence of the
regularly scheduled shift Battalion Chief.
ARTICLE 15 - EMERGENCY CALLBACK
Pay for emergency call back shall be computed at the rate of 1 %2 times the normal rate
based on a 40 hour workweek. State Mobilization time will be computed at the rate of 1
%2 times the normal rate based on a 50.46 hour workweek.
ARTICLE 16 — OVERTIME HIRING
In the event of a vacancy created by the shift Battalion Chief due to the use of Kelly days,
vacation time, holiday time, union leave, administrative leave or sick/disability leave and.
Department manpower meets the minimum levels to fill all required positions, a qualified
Captain from that shift will be allowed to fill the position. The roster will be set by 2100
hours of the shift before the affected shift. If no qualified Captains are available on the
shift, the Battalion Chiefs will be offered the overtime. If the Battalion Chiefs decline
and Department manpower does not .meet the minimum levels to fill all required
International Association of Firefighters 7
Battalion Chiefs
January 2011 to December 31, 2011 • .
positions and there is a qualified Captain available on that shift, then that Captain will be
assigned Acting Battalion Chief and an off duty Captain will be hired to backfill.
ARTICLE 17 — VACATION AND SICK LEAVE CASH OUT
Except as provided above regarding holiday accrual, and only for the purpose of cash
outs of earned leave time (vacation) and /or sick leave time, at the time of retirement or
termination of service to the Department, Battalion Chiefs shall receive compensation at
an hourly rate based on their applicable monthly salary divided by 173.33 hours. Total
cash out shall comply with limits set froth in the City of Yakima Management
Compensation Plan.
ARTICLE 18 — UNION BUSINESS LEAVE
Members of the Battalion Chief bargaining unit shall be granted up to a total of seventy -
two (72) hours of leave time to attend to Union business such as negotiations, labor
seminars, and conventions in accordance with all applicable laws and ordinances of the
State of Washington.
ARTICLE 19 — NATIONAL FIRE ACADEMY
The City agrees to allow Battalion Chiefs to attend classes at the National Fire Academy
for the Executive Fire Officer program and /or other classes that may be valuable in
performing the duties of Battalion Chief /Incident Commander. The Fire Chief may limit
participation due to unforeseen circumstances adversely affecting shift manning.
ARTICLE 20 — STATE MOBILIZATION
The City agrees to allow Battalion Chiefs to participate in mobilizations as part of state or
national Incident Management teams that may be needed to assist in state or national
emergencies. The Fire Chief may limit participation due to unforeseen circumstances
affecting the Department.
ARTICLE 21— COMMUNICATIONS PROGRAM
The Battalion Chiefs shall be included in the Fire Department communications program.
The Fire Department and the Battalion Chiefs agree to create the best communications
system possible within the City's economic resources available for Command Staff.,
ARTICLE 22 — JOB SECURITY
In the event any permanently appointed person employed in a classification above entry
level is laid off, that person shall have the right to voluntarily reduce in rank to the next
lower classification previously held within the department regardless of whether a
vacancy exists within that classification. Any person, other than persons serving
temporary appointments in higher classifications, choosing voluntary reduction in rank
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Battalion Chiefs
January 1, 2011 to December 31, 2011
under this section shall be regarded as the most senior person in that classification to
® which they are reduced for the purpose of any further layoffs. Temporary appointees
electing voluntary reduction in rank shall assume the seniority in the previously held
classification: The least senior . permanently appointed person within any classification
shall be laid off in the event all the positions with the classification are filled and a
voluntary reduction in rank from a higher classification occurs.. Likewise, if a person is
laid off as a result of a voluntary reduction in rank they may voluntarily reduce in rank to
the next lower classification previously held.
All persons except temporary appointees who- choose to voluntarily reduce in rank under
the terms of this agreement shall be placed . on a reinstatement register for each
classification from which they were reduced.
The orders of reductions in rank shall follow the seniority rules laid out in Civil Service
Rule XX in the General Rules and Regulations of the Civil Service Commission for Fire
Management Employees of the City of Yakima.
ARTICLE 23 — 'DISABILITY INSURANCE
The City agrees to provide the Battalion Chiefs disability insurance as outline in the
Management benefits program. The City also agrees to allow the Battalion Chiefs to
purchase private disability insurance at their own cost.
411 The City will allow the union to execute a disability life insurance policy with Standard
Insurance Company that provides both short-term and long -term disability life insurance
for its members. Upon execution of such a policy a covered employee is generally
provided with up to fifty percent (50 %) of his/her base pay in the event that the person
incurs . an off -duty injury, illness and/or disability and is unable to work. In order to
qualify for said benefits under the policy for a particular month, the employee can receive
a minimum of fifty .percent (50 %) of his/her base pay from the City through the
utilization of accrued sick leave, compensatory time and annual leave in a month and
must be in leave without pay status for the remainder of the month
(a) In the event that an insured employee covered by the Local 469 Standard
Insurance Company Disability Plan applies for and receives benefits from
said plan the City_ shall permit the employee to receive a minimum of fifty
percent (50 %) of his/her base pay from the City through the utilization of
accrued sick leave, compensatory time and annually leave in a month and
allow them to be in a leave without pay status for up to fifty percent (50 %)
of their scheduled hours for the;affected pay period.
(b) Base pay for • the purpose of receiving Standard Insurance Company
benefits shall be the base pay per Master Ordinance plus the Deferred
Compensation contribution.
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Battalion Chiefs
January 1, 2011 to December 31, 2011
(c) It shall be the responsibility of the employee to inform the fire department
timekeeper on or before the date in which he or she starts the leave O
without pay status. It shall be the responsibility of the employee to inform
the fire department timekeeper on or before the date which he or she ends
the leave without pay status.
(d) If the insured employee's scheduled hours spent for a pay period is
anticipated to be lower than the minimum number of hours required by the
Washington State Department of Retirements (DRS) for receipt of full
service credit for that month, then the employee may use a sufficient
number of hours of his/her accrued leave for that pay period to satisfy the
minimum numbers required by DRS to receive full service credit for that
month.
(e) It shall be the employee's responsibility to reconcile his/her monthly pay
from the City with payments from the disability insurance carrier
(Standard Insurance) to ensure that he /she does not violate and /or breach
any of the terms and conditions of the disability insurance policy, -
including but not limited to the 100% payout ceiling. Local 469 recognizes
that the City does not have any liability with or to the disability insurance
carrier or Local 469 whatsoever with regard to insurance disputes between
the carrier and employees represented by Local 469, including by not
limited to the reconciliation of pay and the 100% payout ceiling. Further,
Local 469 agrees to indemnify, defend and hold harmless the City of
Yakima, it officers, elected officials, employees and agents from any and
all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and
other proceedings and all judgments, awards. Costs and expenses
(including attorneys' fees and disbursements) caused by or occurring as a
result of any dispute between an employee represented by Local 469 and
the disability insurance carrier.
(f) . Both Local 469 and the City have participated in the drafting of this
language and as such, it is agreed by the parties that the general contract
rule of law that ambiguities in the contact language shall be construed
against the drafter of a contract shall have no application to any . legal
proceeding, arbitration and/or action in which this section of the contract
and its terms and conditions are being interpreted and/or enforced.
ARTICLE 24 — DRUG TESTING POLICY
The_ Battalion Chiefs shall participate in the Department Drug Testing Policy as it applies
to all LEOFF management personnel.
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Battalion Chiefs
January 1, 2011 to December 31, 2011
ARTICLE 25 = DISCIPLINE POLICY
The Disciplinary Policy is incorporated into this Agreement and is attached hereto as
Appendix A. In accordance with relevant PERC decisions and by agreement of the
Parties should a conflict occur between the provisions of collectively bargained Appendix
A and the provisions of Rule XIX - Disciplinary Actions, contained in the General Rules
and Regulations of the Civil Service Commission For Fire Management Employees of
the City of Yakima then such conflict shall be resolved in favor of the provisions in
Appendix A which shall supersede. Where there is no conflict between Appendix A and
Rule XIX the provisions of each shall equally apply to employee discipline.
ARTICLE 26 — TERM OF AGREEMENT
This agreement shall remain in effect from January 1, 2011 to December 31, 2011. By
mutual consent of the parties to the agreement, any part or the entire agreement may be
opened for cause during the term of the memorandum.
The. Addendum to LEOFF CBA signed January 7, 2011, that reflects concessions
between the IAFF Local #469 and the City of Yakima, will be remain in effect until
11:59 pm on December 31, 2011 at which time the addendum in its entirety will be null
and void and purged from the CBA.
Agreed to this day of 2011
City of Yakima IAFF LOCAL #469
Michael A. Morales, Interim City Manager Jeremy Rodriguez, President
Dave Willson, Fire Chief Abel Castilleja, Representative
ATTEST:
By:
Deborah Kloster
City Clerk
City Contract No:
ID Resolution No.
International Association of Firefighters 11 • -.—
Battalion Chiefs
January 1, 2011 to December- 31, 2011
APPENDIX A
Yakima Fire Department
.DISCIPLINARY POLICY
Purpose: To increase professionalism, improve morale, improve
manager /employee relations, foster long -term positive change, and deter future
performance deficiencies.
The City of Yakima Fire Department and Yakima Public Safety. Communications Center
hereby adopts the following disciplinary guidelines, relating to the administration a process
of corrective disciplinary actions.
This policy is in addition to any applicable policies, SOPs, and guidelines regarding
disciplinary action applicable to bargaining unit members, including the Fire Civil
Service Rules and Regulations.
Procedure •
- A. Progressive Discipline
The process of progressive discipline is intended to assist the employee in overcoming 0
performance problems and to meet job expectations. Progressive discipline is most
successful when it assists an individual in becoming an effective and productive member
of the organization.
Failing that, progressive discipline enables the organization to address misconduct or sub-
standard performance of employees who demonstrate an unwillingness or inability to
improve.
Generally, there are four main types of corrective disciplinary action; oral reprimand,
written reprimand, suspension, and discharge. Demotions, deductions of pay within the
pay range, and other forms of discipline may also be used depending on the
circumstances. The four main types of corrective discipline are defined as follows:
1. Oral Reprimand — Any instance in which an employee is issued an oral reprimand
for an infraction or performance deficiency by . any supervisor.
An oral reprimand shall include all of the following:
• A meeting with the employee and his/her immediate supervisor.
• The employee informed that this is an oral reprimand
• Oral reprimands will be memorialized by memo to include the date and time of
the infraction, the department policy, SOP or guideline that has been violated,
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Battalion Chiefs
January 1, 2011 to December 31, 2011 .
an action plan to correct the behavior and action necessary to avoid further
discipline.
• A memo documenting receipt of the oral discipline shall be signed by the
individual and the immediate supervisor. This memo: is to be filed with his or
her immediate supervisor and a copy is to be provided to the employee. Memo
is not placed in employee's personnel file.
2. Written. Reprimand Any instance in which an employee is formally issued a
written reprimand document for an infraction or performance deficiency by any
supervisor.
Written reprimand shall include all of the following:
• A meeting with employee, immediate supervisor,
• The employee informed that this is a formal written reprimand.
• Written reprimands will be memorialized by a letter which shall document date
and time of the infraction, the department policy, SOP, or guideline that has been .
violated, the previous related discipline, an action plan to correct the behavior
and action necessary to avoid further discipline.
• A copy shall be maintained in employee's personnel file and given to the
employee.
411 3. Suspension — Any instance in which any employee is released from duty without pay
from city service.
If subsequent to a satisfactory investigation, suspension of an employee is the
contemplated level of discipline the process shall include all of the following:
• Provide the employee with a pre - disciplinary letter that schedules the
"Loudermill" meeting with the employee.
• The pre - disciplinary letter shall inform the employee of the alleged policy, SOP
or guideline violation, including time and date. Also include any previous related
discipline, violations and the anticipated level of discipline
• A discipline letter will be issued informing the employee of the length of the
suspension, containing an action plan designed to correct the behavior. The letter
will also contain action necessary to avoid further discipline and detail the
employee's return to work.
• The original disciplinary letter will be provided to the employee and a copy of
the pre - disciplinary and disciplinary letters will be maintained in the employee's
personnel file.
4. Discharge — Any instance in which an employee is involuntarily terminated from city
service.
If subsequent to a thorough investigation, discharge of an employee is the contemplated level
of discipline the process shall include all of the following:
• Provide the employee with a pre - disciplinary letter that schedules the
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Battalion Chiefs .
January 1, 2011 to December 31; 2011
"Loudermill" meeting with the employee.
• The pre - disciplinary letter shall inform the employee of the alleged
policy, SOP or guideline violation, including time and date. Include
previous related discipline and violations and anticipated level of
discipline.
• A discipline letter will be issued that informs the employee of the effective date
of the discharge and appeal process.
• The employee will be given the original disciplinary letter and a written copy of
the pre - disciplinary and disciplinary letters will be maintained in the
employee's personnel file.
B. Progressive Disciplinary Process
When a sub - standard performance persists despite informal counseling, coaching or
remedial training, an increase in the level of disciplinary action will be initiated and
directed toward correcting the behavior. Continuing offenses, which alone may justify
nothing more severe than a written reprimand, may be cause for more serious discipline up
to and including discharge should the employee not make the corrections required. The
Progressive Disciplinary process will utilize only the level of discipline and corrective
action necessary to achieve the improved performance and deter future rule violations.
All oral reprimands shall be placed on file in the Deputy Chief or Communications
Supervisors office. Oral reprimands are not to be placed into the employee's personnel file
and shall be removed from the Deputy Chief or Communications Supervisors file upon
request of the employee after two years.
Written and suspension documentation shall be placed in the employee's personnel file.
Time begins the day the documents are filed into the employee's personnel file. The
documentation shall be removed upon request of the employee after two years.
Consistent with the Fire Civil Service Rules and Regulations, an employee disciplined
under this policy may file with the Civil Service Commission a written request for a
hearing, within 1,5 days from the time of receipt of written notice of such discipline,
whereupon, consistent with the Rules, the Commission shall conduct such hearing. Failure
to file such written request within the time specified shall be deemed a waiver of any right
of review.
C. Definitions of levels of infraction:
Minor Infraction — Any violation that does not compromise safety, efficiency, or the
ability to properly respond to or process an emergency call. Violations of this type may rise
to the level of an oral or written reprimand. Multiple violations may rise to the level of
termination.
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Battalion Chiefs
January 1, 2011 to December 31, 2011
Examples but not limited to:
• Tardiness
• Inefficiency or inattention to duties
• Failure to maintain satisfactory and harmonious working relationships
(depending on the extent, this may be considered a more serious infraction).
More Serious Infraction — Any violation that compromises the integrity of the
department or the city or which the consequences cause only minor disruption of work.
Violations of this type may rise to the level of a reduction in pay, suspension or demotion.
Multiple violations may rise to the level of termination.
Examples but not limited to:
• Careless, negligent or improper use of City property
• Releasing confidential information without proper authority
• Unauthorized absence or improper use of any type of leave
• Public defamation of character or the organization
Intolerable Infraction — Any action that endangers the safety, health, or well -being of
another person. The act is of sufficient magnitude that the consequences cause disruption
of work or gross discredit to the Department or City of Yakima. Violations of this type may
rise to the level of immediate termination.
110 Examples but not limited to:
• Fighting with the intent to do bodily harm
• Insubordination, open and willfully defying of an order
• Consumption or distribution of alcohol or illegal drugs on duty
• Falsification, fraud, or willful omission of information related to the job
• Endangering of coworkers and/or civilians due to reckless behavior
• Pattern of performance deficiencies
D. Probationary Employees
These guidelines are designed to promote corrective discipline and do not apply to
probationary employees.
E. Training
In order to assist supervisors in enforcing this policy and applying discipline uniformly,
labor and management will cooperatively present training to all supervisors.
•
International Association of Firefighters 15
Battalion Chiefs
January 1, 2011 to December 31, 2011