HomeMy WebLinkAboutR-2014-033 2014-2017 Collective Bargaining Agreement / Public Safety Dispatchers & Communications Supervisors (760) RESOLUTION NO. R- 2014 -033
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 Public Safety Dispatchers & Communications Supervisors
Units for wages, hours, and working conditions for 2014 -2017, 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 Public Safety Dispatchers & Communications Supervisors
for 2014 -2017; and
WHEREAS, the bargaining unit has voted on and approved the attached proposed
collective bargaining agreement for 2014 -2017, 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
2014 -2017, 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 Public
Safety Dispatchers & Communications Supervisor units for wages, hours, and
working conditions for 2014 -2017.
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 18 day of February, 2014.
Micah Ca ley, Mayor
ATTEST:
■
ity Clerk y ft ' `' '
COLLECTIVE BARGAINING AGREEMENT
COVERING PUBLIC SAFETY DISPATCHERS AND COMMUNICATIONS
SUPERVISOR(S)
By and Between
THE CITY OF YAKIMA, WASHINGTON
and
LOCAL 469,
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS,
AFL- CIO
EFFECTIVE:
January 1, 2014, through December 31, 2017.
TABLE OF CONTENTS
ARTICLE 1 - UNION RECOGNITION AND BARGAINING UNIT 1
ARTICLE 2 -- UNION SECURITY. 1
ARTICLE 3 - PAYROLL DEDUCTIONS 2
ARTICLE 4 - MANAGEMENT RIGHTS 2
ARTICLE 5 - EMPLOYEE RIGHTS 4
ARTICLE 6 - PRODUCTIVITY 4
ARTICLE 7 - EQUAL OPPORTUNITY CLAUSE 5
ARTICLE 8 - GRIEVANCE PROCEDURE 5
ARTICLE 9 - RELEASE FROM DUTY 9
ARTICLE 10 - COLLECTIVE BARGAINING COMMITTEES 10
ARTICLE 11 - COLLECTIVE BARGAINING PROCEDURE 10
ARTICLE 12 - PROMOTIONAL STANDARDS 12
ARTICLE 13 - REFRESHMENT FUNDS 13
ARTICLE 14 - WAGES 13
ARTICLE 15 - HEALTH CARE INSURANCE 13
ARTICLE 16 - LIFE INSURANCE 17
ARTICLE 17 - LONGEVITY PAY 17
ARTICLE 18 - SPECIAL PAYS 17
ARTICLE 19 - VACATION LEAVE . . . 21
ARTICLE 20 - HOLIDAYS. 23
ARTICLE 21 - SICK LEAVE ACCRUAL /EXCHANGE 24
ARTICLE 22 - SICK LEAVE POOL 27
ARTICLE 23 - BIRTHING LEAVE /MATERNITY LEAVE 27
ARTICLE 24 - LIGHT DUTY 27
ARTICLE 25 - COMPENSATORY TIME OFF..... 28
ARTICLE 26 - PUBLIC SAFETY DISPATCH OPERATIONS 29
ARTICLE 27 - HOURS OF WORK AND OVERTIME 31
ARTICLE 28 - TOBACCO USE ON DUTY 33
ARTICLE 29 - DRUG TESTING POLICY 33
ARTICLE 30 - PHYSICAL FITNESS 34
ARTICLE 31 - DEFERRED COMPENSATION... 35
ARTICLE 32 - DISCIPLINE AND DISCIPLINARY PROCEDURES 35
ARTICLE 33 - PROPERTY LIABILITY 35
ARTICLE 34 - MUNICIPAL CODE SECTIONS PERTAINING BARGAINING
UNIT MEMBERS 35
ARTICLE 35 - ENTIRE AGREEMENT 37
ARTICLE 36 - SAVINGS CLAUSE 37
ARTICLE 37 - CREATION OF NEW CLASSIFICATIONS 37
ARTICLE 38 - CLASSIFICATION STUDIES 38
ARTICLE 39 - VEBA MEDICAL SAVINGS ACCOUNT 38
ARTICLE 40 - TERM OF THE AGREEMENT 38
APPENDIX A - Disciplinary Guidelines 41
APPENDIX B - Drug Testing Policy 47
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COLLECTIVE BARGAINING AGREEMENT
COVERING PUBLIC SAFETY DISPATCHERS AND COMMUNICATIONS
SUPERVISORS)
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 2014, by and between the City of Yakima,
Washington, hereinafter called the City, and local 469,
International Association of Firefighters, AFL -CIO,
hereinafter called the Union.
GENERAL PROVISIONS
ARTICLE 1 UNION RECOGNITION AND BARGAINING UNIT
1.1 The City hereby recognizes the Union as the exclusive
bargaining representative for Public Safety Dispatchers and
Public Safety Communications Supervisors. Excluded from the
bargaining unit are the Chief of Police, Fire Chief, Public
Safety Communications Division Manager, Public Safety
Assistant Communications Manager, Communication Division
Office Assistant and all other employees of the Police and
Fire Departments.
ARTICLE 2 - UNION SECURITY
2.1 Each employee in this bargaining unit may become or
remain a member of the Union. Employees not desirous of
membership in the Union shall be subject to a
representation service fee equal to the base mandatory dues
and assessments, which shall be a condition of continued
employment. Said membership or fee payment shall become
mandatory upon successful completion of a one (1) year
period of service and in accordance with provisions of the
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Public Employee Collective Bargaining Act, RCW, 41..56.
Nothing herein shall preclude membership in the Union of
any employee who so requests prior to completion of one (1)
year of service.
ARTICLE 3 - PAYROLL DEDUCTIONS
3.1 The City agrees to deduct uniformly required Union
membership fees, dues and other assessments by the Union
from the pay of those members who authorize the City to do
so. Such authorization shall be in writing and signed by
each person authorizing such deductions and filed with the
City. The Secretary of the Union shall notify the Finance
Director of the City of Yakima of amounts to be deducted
from the pay of each such person. The City shall transmit
such amounts to the official and location designated by the
bargaining unit representatives together with an itemized
statement, on or before the 20th day of each month,
following the month for which deductions are made. The
Union agrees to hold harmless and indemnify the City
against any claims, allegations, or lawsuits against the
City arising from payroll deductions and /or the transmittal
of such deductions for the Union.
3.2 In the event the City receives a written notice,
signed by any person from whose pay such deductions are
being made, that no further deductions are to be made, the
City shall make no such deductions from any pay earned by
that person after receipt by the City of such notice. The
City shall notify the Union of all such notices received by
the City, which notification to the Union shall be given in
writing within seven (7) calendar days after the receipt by
the City of such notice and shall include the name of the
person involved.
ARTICLE 4 MANAGEMENT RIGHTS
4.1 The Union recognizes the prerogative of the City to
operate and manage its affairs in all respects in
accordance with its responsibilities, lawful powers and
legal authority. City affairs which are not included
within negotiable matters pertaining to wages, hours and
working conditions inclusive of the following, but not
limited thereto:
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(a) The right to establish and institute work rules
and procedures upon reasonable notice to
bargaining unit members. All personnel rules and
policies developed by the Employer, which are
intended to be applicable to Union members shall
be in written form and posted in the division
manual.
(b) The right to determine reasonable schedules of
work, overtime and all methods and processes by
which said work is to be performed in a manner
most advantageous to the Employer. Changes to
work schedules, which are intended to be
applicable to Union members shall be in written
form and posted in the division manual.
(c) The right to lay off employees for lack of work
or funds or because of the occurrence of
conditions beyond the control of the City or
where the continuation of work would be wasteful
and unproductive in the opinion of City
officials.
(d) The right to discipline or discharge employees
for just cause; provided that the City's right to
discipline or discharge initial hires during
their probationary period shall not be limited by
this section. The parties agree to study
policies for administering this section.
(e) The right to assign incidental duties reasonably
connected with but not necessarily enumerated in
job descriptions, shall nevertheless be performed
by employees when requested to do so by the
Employer.
(f) The right to take whatever actions the Employer
deems necessary to carry out services in an
emergency.
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.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 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.
6.4 Management, at their discretion, may allow a former
employee who left by resignation and in good standing, and
who has been gone for less than twelve (12) months, return
to the classification, which they left, or another
classification in which they qualify.
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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;
sexual orientation; physical, mental, or emotional
handicap; national origin; political affiliation; Union
involvement; or any other type of protected activity. It
is not the intent of management to lower employment
standards or hire individuals incapable of performing the
required tasks of the job classification. Nothing in this
section shall prohibit the City from establishing bona fide
occupational qualifications.
ARTICLE 8 — GRIEVANCE PROCEDURE
8.1 Policy. The parties recognize that the most effective
accomplishment of the work of the City requires prompt
consideration and equitable adjustments of - employees'
grievances. It is the desire of the parties to adjust
grievances informally whenever possible, and both
management and employees are expected to make every effort
to resolve problems as they arise. However, it is
recognized that there may be a grievance which can be
resolved only after a formal review. Accordingly, the
following procedure is hereby established in order that
grievances of employees covered by this agreement may be
resolved as fairly and expeditiously as possible.
8.2 Definition. A grievance is a dispute involving the
interpretation, application, or alleged violation of
any provision of this collective bargaining agreement.
(a) A working day shall be any day except Saturday,
Sunday and any city administration staff holiday.
8.3 Process.
(a) To be reviewable under this procedure a grievance
must.:
Be commenced within sixty days (60) working days
after the grieving party has been made reasonably
aware of the circumstances giving rise to the
grievance_.
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(b) Step 1 - Discussion With Public Safety Public
Safety Communications Supervisor - As soon as
possible, but in no case later than the time
period specified above, an employee shall first
discuss the employee's grievance with the PSCS.
Said PSCS shall make an investigation of the
relevant facts and circumstances of the complaint
and provide a written decision within seven (7)
working days.
(c) Step 2 - Discussion With Public Safety
Communications Supervisor - As soon as possible,
but in no case later than the time period
specified above, an employee shall first discuss
the employee's grievance with the PSCS. Said
PSCS shall make an investigation of the relevant
facts and circumstances of the complaint and
provide a written decision within seven (7)
working days.
(d) Step 3 - Grievance timely filed in writing with
Communication Manager - If the employee and the
PSCS cannot reach agreement regarding a remedy
the employee may, provided the employee timely
files the grievance at this step within twenty
(20) working days of receipt of the PSCS written
decision, submit the written grievance to the
Division Manager. The Division Manager shall
conduct an investigation and provide a written
decision within twenty (20) working days of
receipt of the grievance.
(e) Step 4 - Grievance Appealed To Chiefs - If the
employee and Division Manager cannot reach
agreement regarding a remedy, the employee may,
within twenty (20) working days of receipt of the
written decision, submit the grievance to the
Chiefs of the Departments. The Chiefs shall make
a separate investigation of the issue(s) and
jointly notify the employee in writing of their
decision, and the reasons therefore, within
twenty (20) working days.
(f) Step 5 - Grievance Appealed To City Manager - If
the grieving party is dissatisfied with the
decision of the Chiefs of the Departments, the
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employee may within twenty (20) working days
request a review by the City Manager. The City
Manager shall forward a written decision to the
employee within twenty (20) working days from
receipt of the grievance.
(g) Step 6 - Grievance Appealed To Arbitration -
Except as provided in 8.4 (d) of this Article, a
grievance which is not resolved as set forth may
be appealed to arbitration. Either party may
invoke arbitration upon submission of a written
request for same, which identifies the previously
filed grievance and sets forth the issue(s) which
the moving party seeks to have arbitrated.
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
Conciliation Service, or the 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 from the
applicable list by mutually agreeing to an
arbitrator or by alternately striking names. The
parties shall flip a coin to decide who starts
the striking process. The final name left on the
list shall be the arbitrator. Subsequent
hearing(s) will be governed by the rules and
procedures of PERC. The arbitrator shall render a
decision as promptly as possible. The arbitrator
shall confine himself /herself to the issues
submitted for arbitration and shall have no
authority to determine any other issues not so
submitted to him /her. The arbitrator shall have
jurisdiction and authority only to interpret,
apply or determine 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
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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 Union will
pay their own remaining costs of arbitration,
including attorney's fees, regardless of the
outcome.
(h) Any grievance, which the City's management may
have against the Union shall be reduced to
writing and submitted to the President of the
Union local. If the matter is not satisfactorily
settled within fifteen (15) working days, appeal
may be instituted as set forth in 8.3(g), Step 6,
above.
(i) If the subject matter of a grievance could be
appealed to the Civil Service Commission for fire
employees of the City of Yakima, the matter may
be submitted for determination to the Civil
Service Commission or arbitration, but not both.
After the Union has received the City Manager's
answer at Step 4, it will advise the affected
employee whether it is willing to submit the
grievance to arbitration and, if so, the employee
shall elect within 10 working days after the Step
4 answer the forum in which the matter is to be
heard. Submission of the dispute to arbitration
or a hearing by the Civil Service Commission
shall bar submission in the other forum.
8.4 Special Provisions.
(a) A Union representative and /or aggrieved party
shall be granted time off without loss of pay for
the purpose of processing a grievance as provided
in 8.3(g), Step 6, above.
(b) A grievance may be entertained in or advanced to
any step in the grievance procedure if the
parties so jointly agree.
(c) The time limits within which action must be taken
or a decision made as specified in this procedure
may be extended by mutual written consent of the
parties involved. A statement of the duration of
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such extension of time must be signed by both
parties involved at the step to be extended.
(d) Non - contract disputes only: Wages, hours and
working conditions not specifically covered by
the terms and conditions of this Agreement shall
be subject to the grievance procedure up to, but
not including, arbitration. If the City and the
grievant are unable to reach agreement at the
City Manager level, where the grievance is not
subject to arbitration, a three - person board will
be formed. Management will select one member and
the Union will select one member of the Board.
The two members will select the third member who
shall act as chairperson. All members of this
Board must be citizens or employees of the City
of Yakima. In the event the two members cannot
agree as to the selection of the third member,
each member may submit one name whereby the
chairperson shall be selected by lot. Any
expenses for the services of the third party
chairperson shall be borne equally by the
parties. The decision of this Board shall be
binding on the parties in non - contractual
grievances.
ARTICLE 9 - RELEASE FROM DUTY
9.1 Union Business Leave. Such officers and members of
the Union as may be designated by the Union normally not to
exceed two (2) in number at any one (1) time, shall be
granted up to a total of one hundred twenty (120) hours of
time off for Union business between the two (2) employees,
provided that a maximum of seventy (70) of these up to one
hundred twenty (120) hours off will be paid at the standard
rate granted for any leave pay. The City shall be
obliged to release one (1) employee but may allow
additional employees to be released simultaneously based
upon departmental operational requirements. Business leave
includes attending labor conventions and educational
conferences regarding collective bargaining, provided that
notice of such conventions or conferences shall be given at
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least one (1) week prior thereto to the Chiefs, and
provided further that the total leave for this bargaining
unit for the purpose set forth in this section shall not
exceed one hundred twenty (120) hours in any calendar year.
Furthermore, partial shifts may be utilized by employees
for departure or return provided Division established
minimum manning levels are maintained after the absence of
the person(s) to be released on Union Business Leave.
Officers and members of the Union designated by the Union
may use Union business leave from any of the bargaining
units that I.A.F.F. Local 469 represents.
ARTICLE 10 - COLLECTIVE BARGAINING COMMITTEES
10.1 Collective bargaining between the parties shall be
carried out by the City Manager or his designees, on behalf
of the City Council, and a committee representing the
Union. No later than August 5 of each year, the Secretary
of the Union and the City Manager shall notify one another
regarding the names of persons constituting their
respective bargaining committees. If a communication is
forwarded previous to that date, a response will be made
within ten (10) working days.
10.2 Members of the Union negotiating committee, not
exceeding three (3) in number, shall be granted leave from
duty without loss of pay for all meetings between the City
and the Union for the purpose of negotiating the terms of a
contract during the pre- impasse period as provided in RCW
41..56, as amended, when such meetings take place at a time
during which any such members are scheduled to be on duty.
10.3 Members of the Union negotiating committee, not to
exceed three (3) in number, shall be granted leave in the
post- impasse period without loss of pay, except that when
such leave reduces the manpower level below that
established as the minimum manpower requirement of the
Division, such leave shall be without pay.
ARTICLE 11 COLLECTIVE BARGAINING PROCEDURE
11.1 General.. All negotiable matters pertaining to wages,
hours and working conditions shall be established through
the negotiation procedure as provided by RCW 41.56. No
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ordinances existing at the time of execution of this
Agreement relating to wage, hours and working conditions
for members of the bargaining unit shall be amended or
repealed during the term of this Agreement without written
concurrence of both parties.
11.2 Each year, as appropriate, the Union shall submit to
the City Manager and the City Manager may submit to the
Union a written proposal for any changes in matters
pertaining to wages, hours and working conditions desired
by the Union or the City for the subsequent year. These
written proposals shall be submitted in accordance with the
requirements of RCW 41.56, as amended by S.B. 2852 (1979).
The Union and the City shall follow the collective
bargaining procedure set forth in the said statute. All
agreements reached shall be reduced to writing, which shall
be signed, by the City Manager and the Union's
representatives. In negotiations for a successor
collective bargaining agreement pertaining to bargaining
unit members the parties agree to follow the impasse
resolution procedures for uniformed personnel (RCW,
41.56.430, et seq.)
11.3 In the event that the Employer declines to include the
provisions of section 11.2 above pertaining to impasse
resolution procedures for uniformed personnel (RCW,
41.56.430, et seq.) in a collective bargaining agreement
covering employees who were formerly Fire Dispatchers
(Ringer, Ochs, Moritz, and Kennard) at the time the
Employer decided (9/5/95) to implement Consolidated
Dispatch operations, then the Employer shall forthwith
restore those employees who were employed at the time of
the Employer's decision (9/5/95) to implement Consolidated
Dispatch operations to the Fire Department to dispatch
exclusively fire and emergency medical responses and
include them, with all current wages and benefits, in the
firefighters bargaining unit. This proviso is not
applicable to any Public Safety Dispatcher and /or Public
Safety Dispatch Supervisor who was a new hire as a Public
Safety Dispatcher or who filled a vacancy created by the
departure of a Fire Dispatcher and /or Alarm Supervisor who
was appointed on or after 9/5/95. The classifications of
Fire Dispatcher and Alarm Supervisor shall remain unfilled
and un- funded in Fire Civil Service and shall be inclusive
in the Firefighters Bargaining Unit.
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ARTICLE 12 — PROMOTIONAL STANDARDS
12.1 Promotions shall be determined in accordance with the
rules and regulations governing the Yakima Fire Civil
Service Commission. All promotions within the bargaining
unit shall be made solely on merit, efficiency and fitness
ascertained by open competitive examination among
bargaining unit personnel. Examinations shall fairly,
objectively and comprehensively test for qualifications for
the position. Those employees who test for the position of
Public Safety Dispatcher as a promotional from the 9 -1 -1
Calltakers classification shall receive five (5) preference
points added to their raw score from the testing process.
12.2 Vacancies in Public Safety Dispatcher positions will
be filled in accordance with Yakima Fire Civil Service
Commission rules and regulations. New Public Safety
Dispatchers will be required to pass; or in the case of
promotion from 9 -1 -1 Call - taker, to have passed a
polygraph, a background check, a psychological evaluation,
physical examination, in addition to any and all other
prerequisites to qualifying and being eligible for a Public
Safety Dispatcher position.
12.3 Former City of Yakima Fire Dispatchers and Police
Dispatchers who are appointed to the new classification of
Public Safety Dispatcher will be required to pass a
background evaluation but will not be required to undergo a
psychological evaluation, polygraph or physical examination
based on their current employment status.
12.4 Employees who were formerly City of Yakima Fire
Dispatchers or Police Dispatchers and who were appointed to
the new classification of Public Safety Dispatcher and who
are promoted, will have the same exclusion applied to that
promotion as set forth in Section 12.3.
12.5 Any time during the probationary period in the Public
Safety Dispatcher classification a promoted employee may
either voluntarily (with the approval of management) or by
direction of management return to the position of 9 -1 -1
Calltaker with no loss of seniority as long as the action
was not the result of disciplinary action
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12.6 Promotional registers for Public Safety Dispatcher
shall be valid for one (1) year. A new examination shall
be conducted at least 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
ARTICLE 13 - REFRESHMENT FUNDS
13.1 The Union may authorize bargaining unit members to
furnish in -house refreshments; provided that any proceeds
from such activities shall be used in -house for the benefit
of bargaining unit members or, upon approval by the Union,
donated to charitable organizations. The Union shall be
responsible for insuring that the refreshment funds are
administered consistent with applicable law.
ARTICLE 14 - WAGES
14.1 Effective 01 -01 -2014, the base salary of the
bargaining unit will be increased by 2%.
14.2 Effective 01 -01 -2015, the base salary of the
bargaining unit will be increased by 2%.
14.3 Effective 01 -01 -2016, the base salary of the
bargaining unit will be increased by 2.5%.
14.4 Effective 01 -01 -2017, the base salary of the
bargaining unit will be increased by 2.5%.
ARTICLE 15 - HEALTH CARE INSURANCE
15.1 Medical, Vision and Dental Care Coverage -
(a) Effective April 1, 1994 covered bargaining unit
employees, retirees and their dependents shall
participate in the "City of Yakima Employees'
Health & Welfare Benefit Plans ". Eligibility
rules, types and of levels of benefits, payment
of premiums through a cafeteria plan, co- payment,
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coinsurance and deductibility requirements and
all other terms and conditions for the provision
of these health benefits shall be governed by the
"City of Yakima Employees' Welfare Benefit
Program "..
15.2 Health and Dental Care Premium Contributions -
(a) Employee Health Care Premium Contribution:
Bargaining unit member employee only health care
coverage shall be paid for by the City and shall
be at no cost to the employee.
(b) Dependent Health Care Premium Contributions:
The City and the employee shall share dependent
medical program premiums on a 50o by the employer
and 50o by the employee basis, with a maximum
employee contribution of $154 per month.
(c) Dental Care Premium Contributions: The City
shall pay the premium for bargaining unit member
employee and dependent dental care coverage.
(d) Employee contributions under this Article
will be accomplished through normal payroll
deductions.
15.3 Retiree Coverage - The City of Yakima Employees'
Health and Welfare Benefit Plan shall provide retirees and
dependents of retirees the right to remain in the group
plan as follows:
(a) Retirees covered at the time of execution of this
agreement and future retirees may elect to remain
in the group medical plan until they reach age
65, but they must pay the required premium for
such group medical plan.
(b) Spouses of retirees may remain in the group
medical plan until they reach age 65 or in the
case of spouses of deceased retirees, until they
reach age 65 or remarry, whichever occurs first.
(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
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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.
15.4 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 its members and said policy
generally provides a covered employee with up to fifty
percent (50o)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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(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 time keeper 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 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 Local
469, including but 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, its 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 15.4 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
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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 16 - LIFE INSURANCE
16.1 Effective January 1,2014, the City will provide,
without cost to the employee, $100,000 in face amount of
life insurance.
ARTICLE 17 - LONGEVITY PAY
17.1 The City will pay longevity pay upon satisfactory
completion of the following service and at the designated
rate:
Service In Years Percent Of Base Pay
1 2.0
3 2.5
5 3.0
9 3.5
14 5.5
19 7.0
24 9.0
29 10.0
Service in years shall be defined as in Article 19,
Vacation Leave, of this Agreement.
ARTICLE 18 SPECIAL PAYS
18..1 Acting Pay. The City will pay acting assignment pay
of at least 5% above the normal base pay or the pay rate of
the D -Step of the next higher pay grade, whichever is
greater, for an individual for such period of continuous
service, provided the individual serves a minimum of one -
half (1/2) shift as Lead Public Safety Dispatcher, Public
Safety Communications Supervisor or higher classification,
having been so assigned by the Administration and provided
further that the individual exercises the responsibility,
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including operation and administrative duties as they
apply.
18.2 Eligibility for Acting Assignments. In order for an
employee to be eligible for assignment to an acting
position, that employee must be eligible for promotion to
the position in accordance with the promotional standards
as set forth in the Fire Civil Service rules and
regulations._ That employee must be willing to test for the
full time position and must be trained to a satisfactory
level to perform the duties of the higher classification.
Such time spent in training shall be at the employee's
normal rate of pay.
18.3 Acting Assignments. Acting assignments shall be made
under the following provisions.
(a) Long -term assignments shall be made in cases
where the higher classification is to be absent
for more than forty (40) consecutive hours.
Assignments shall be made the first day of the
vacancy and shall continue uninterrupted until
the last day of the vacancy.
(b) Short -term assignments shall be made in cases
where the higher classification is absent for
less than forty (40) consecutive hours. Short -
term assignments shall be made the first full
shift of the vacancy and shall be subject to the
following provisions..
(i) Acting Public Safety Communications
Supervisor assignment not required when
Communications Supervisor is present.
Communications Supervisor shall assume the
supervisory duties of Public Safety
Communications Supervisor.
(ii) Acting Communications Supervisor
assignment not required when
Communications Manager is present.
Communications Manager shall assume the
duties of Communication Supervisor for
short term vacancies.
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(c) Acting Out of Grade. Occasionally, depending on
shift strength at the time of a Calitaker
vacancy, a Dispatcher or Public Safety
Communications Supervisor may be assigned to act
out of grade as a Calltaker. Such assignments
are at the employee's normal rate of pay and
subject to the following provision.
(i) Acting out of grade opportunities shall
normally occur when able to do so with the
existing shift strength at the time of the
vacancy. In the event that personnel
vacancies create hiring situations, hiring
shall be for the classification creating
the original vacancy in accordance with
Article 27.6 of this agreement.
(d) General Provisions
(i) Generally the acting Public Safety
Communications Supervisor assignments
shall be offered first to the most senior
Dispatcher on the shift of the Lead that
caused the vacancy. Acting
Communications Supervisor long -term
assignments shall be offered first to the
Public Safety Communications Supervisor
with the most seniority in grade.
(ii) In assigning actors, the availability of
the employee over the duration of the
assignment shall also be a criterion.
(iii) "Full Shift" shall generally refer to the
shifts most commonly worked. In the case
of the Public Safety Communications
Supervisors, twelve (12) hours except on
the `short days" when the shift shall be
eight (8) hours. In the case of the
Communications Supervisor a full shift
shall most commonly be eight (8) hours..
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18.4 Call Back.
(a) An employee who is called back to duty after his
scheduled shift has terminated, but before the
scheduled start of his next shift, shall be paid
for all hours worked, but 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. However, overtime
at the applicable overtime rate shall be paid
for work performed.
18.5 Mileage. The City shall pay each employee for his /her
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 thereunder.
18.6 Uniform Maintenance. Bargaining unit members shall be
paid sixty dollars ($60.00) annually, payable in February.
The City shall have the right to contract for uniform
maintenance services as it deems appropriate after which
time no further uniform maintenance allowances shall be
payable.
18.7 Trainers. From time to time employees shall be
designated as trainers to assist in the training of new
employees. Management will select trainers based on
interest, skill level and ability to train. Management
will attempt to provide selected employees with instructor
training and certifications as available. Employees
selected as trainers shall be paid a special pay of 5% of
their base wage when actively training, provided they are
so engaged at least 75 percent of the hours in the month.
18.8 MSAG /Geofile Technician. The employer will pay $42..00
per month to the employee(s) assigned the duties of
maintaining the Master Street Addressing Guide (MSAG) or
the Computer Aided Dispatching Geographical`File (Geofile).
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This assignment shall be at the discretion of the
Communications Manager and if assigned to more than one
employee the total special pay shall be divided equally
among those assigned.
18.9 Bilingual Calltakers. Qualified bilingual
(Spanish speaking) Calltakers shall receive a special pay of
3% of their base wage. Employees must pass a proficiency
test administered by Human Resources to qualify. The
Communications Manager may waive this testing requirement if
the employee can demonstrate to the satisfaction of the
Communications Manager, 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. Further discussion will
take place between management and IAFF regarding testing and
certification for this special pay.
ARTICLE 19 - VACATION LEAVE
19.1 Each bargaining unit member shall earn vacation leave
for years of service at the following rates:
(a) Employees with one (1) full year of service shall
earn eighty (80) hours, forty (40) hours of which
may be taken after six (6) months service;
(b) Employees with two (2) full years of service
shall
earn ninety six 96) hours;
(c) Employees with five (5) full years of service
shall earn one hundred twenty (120) hours;
(d) Employees with ten (10) full years of service
shall earn one hundred fifty two (152) hours;
(e) Employees with fifteen (15) full years of service
shall earn one hundred seventy six (176) hours;
(f) Employees with more than twenty (20) full years
of service shall earn one hundred ninety two
(192) hours.
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19.2 Bargaining unit members may accumulate vacation leave
time in an amount equal to the vacation time the employee
earns during two (2) years of service, according to the
accrual rate(s) specified above.
19.3 Service in years for bargaining unit members is
defined as the most recent period of employment unbroken by
voluntary termination, voluntary retirement, voluntary
leaves of absence in excess of thirty (30) days or
termination for cause. Such service shall not be
considered broken by period of disability retirement, or
leave without pay in excess of thirty (30) days for medical
reasons, if approved by the Fire Civil Service Commission
during which times no service credit shall accrue. Layoff
shall not be considered a break in service providing that
failure to accept the first offer of re- employment for any
reason shall constitute a break in service. (No service
credit shall accrue during periods of layoff.)
19.4 Vacation Sell -Back Program: Employer implemented
vacation sell -back program where an employee could sell
back to the City up to one -third (1/3) of their accrued
vacation leave within a twelve (12) month period (based on
a calendar year) as per the City of Yakima Municipal Code
provision in section 2.40.120.
19.5 Annual Vacation Requests. Annual vacation requests
for the following year shall normally be started in
November of the current year. The annual vacation first
pick shall be for a singular time period normally not to
exceed 128 (set of 2 shifts)working hours. As manning and
workload allows and after all first picks have been made,
employees will have the opportunity to make a second annual
vacation pick for a singular time period not to exceed 44
(1 set of shifts) working hours. Both of these requests
will be submitted and considered in seniority order based
on the employee's service in years with the Yakima Public
Safety Communications Center and with regard for staffing
and overtime. Time spent in the classifications of Fire
and Police Dispatchers for the City of Yakima, prior to
consolidation, shall count toward this service in years.
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ARTICLE 20 — HOLIDAYS
20.1 Holidays With Pay.
(a) Day Off. If an employee performs no work on a
holiday, within ninety (90) days that employee
shall have time off equal to the number of hours
scheduled most frequently in his regularly
scheduled shifts.
(b) Day On. If an employee performs work on a
holiday, that employee shall receive his /her
regular pay plus time and one -half (1.5) pay for
all hours worked. The employee shall have the
option of receiving comp -time as specified in
Article 25 - Compensatory Time Off.
20.2 No employee shall be paid for a holiday unless such
employee is in a pay status both the workday before and the
workday after such holiday. Exception to the above shall
be made for an employee who works a holiday as directed by
the City.
20.3 An employee who performs work during a period when the
employee is on a scheduled time off shall receive time and
one -half (1.5) for all hours worked and shall receive time
off as specified in 20.1(a).
20.4 Bargaining unit members shall observe holidays as
follows:
New Year's Day January 1st
Martin Luther King Jr. Day 3 Monday in Jan.
Washington's Birthday 3 Monday In Feb.
Memorial Day Last Monday In May
Independence Day July 4th
Labor Day 1 Monday In Sept.
Veteran's Day November 11th
Thanksgiving Day 4th Thursday In Nov.
The Day After Thanksgiving
Christmas Day December 25th
One (1) Personal Holiday equal to one (1)
full shift)
The provisions of City of Yakima Municipal Code 2.40.080(c)
and (d) shall not apply to this provision.
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ARTICLE 21 — SICK LEAVE ACCRUAL /EXCHANGE
21.1 Effective 01- 01 -14, bargaining unit members whose
normally assigned shift is twelve (12) hours, shall accrue
twelve (12) hours of sick leave per month, ten (10) hour
shifts will accrue ten (10) hours of sick leave per month
and eight (8) hour shifts will accrue eight (8) hours of
sick leave per month.
On the first day of employment each newly hired permanent
employee of the Communications Division shall receive
twelve sick leave days equivalent to the number of hours of
their regularly assigned shift, subject to following
restrictions:
Eight (8) hour regularly assigned shift = 96 hours
Ten (10) hour regularly assigned shift = 120 hours
Twelve (12) hour regularly assigned shift = 144 hours
(i) For permanent part -time employees, sick leave shall be
prorated to the percentage of a full -time position
budgeted for that person.
(ii) No additional sick leave will be accrued during the
employee's first year of employment.
(iii)Should the employee either voluntarily or
involuntarily terminate employment during the first
year and used sick leave hours equivalent to more than
the number of months employed, the excess hours shall
be deducted from the employee's accrued paid leave
balance (i.e. vacation, compensatory, etc.)
21.2 Sick Leave Exchange or Cashout. Bargaining unit
members may exchange accrued sick leave for pay or for
additional leave time as appropriate, in accordance with
the options provided the employee, subject to the following
provisions:
(a) No cashout of accrued sick leave will be granted
for those employees with three hundred sixty
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(360) hours or less of accrued sick leave except
in the event of death in the line of duty.
(b) Cashout of accrued sick leave will be granted to
employees who have accrued in excess of three
hundred sixty (360) hours subject to the
following provisions:
(i) Upon retirement or death, the employee's
accrued sick leave up to a maximum of seven
hundred twenty (720) hours will be cashed
out at the rate of one hundred percent
(100 %) of the employee's current base pay.
(ii) Upon termination under honorable conditions,
as distinguished from death or retirement,
the employee's accrued sick leave up to a
maximum of seven hundred twenty (720) hours
will be cashed out at the rate of fifty
percent (50 %) of the employee's current base
pay.
(iii)In the event of death in the line of duty,
all sick leave will be exchanged for pay at
the rate of 100% of the employee's current
base pay.
(iv) In no case shall the cash out payment exceed
Sixteen Thousand Dollars ($16,000.00);
provided, however, this cash out limit shall
not apply with regard to a Death in the Line
of Duty.
(c) Sick Leave Exchange. Employees who have accrued
more than seven hundred twenty (720) hours may
exchange such sick leave for bonus (additional)
leave at the rate of twenty -four (24) hours of
sick leave for each eight (8) hours of vacation,
not to exceed a total of forty (40) hours added
leave time annually, utilization of which would
be subject to the scheduling and approval by the
department head.
(d) Sick Leave Exchange Procedure. Any regular
employee may exchange accrued sick leave as
provided in subsection (c) above at the option of
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the employee, subject to the following conditions
and provisions:
(i) A request for such an exchange shall be made
to the Director of Finance and Budget. All
requests shall be in writing and shall be
signed by the employee making the request..
(ii) Requests will be accepted only during the
first five (5) working days of each month with
exchanged leave to be available within fifteen
(15) calendar days of the date the request is
received by the office of the Director Finance
and Budget. Exceptions to the above will be
made for termination, layoff or disability
retirement.
(iii) No request will be granted for less than
eight (8) hours pay or a minimum of three (3)
days' leave
(iv) No exchange will be granted to an employee
who has been terminated for cause, as defined
by Civil Service.
(v) In the event of layoff, exchange requests
are the responsibility of the employee.
(e) In December of each year, any accruals beyond the
1040 hour limitation will be automatically
exchanged based upon the formula of eight (8)
hours pay for each thirty -two (32) hours accrued
or a percentage thereof for smaller accruals.
Such pay will appear on the employee's final
paycheck for the year.
21.3 The Employer will allow an employee to use the
employee's accrued sick leave to care for a child of the
employee under the age of eighteen (18) with a health
condition that requires treatment or supervision.
21.4 Employees who become ill or injured while on approved
earned leave (vacation, holiday, or comp time) may utilize
sick leave for the period of illness or injury; provided
the employee immediately upon becoming incapacitated
notifies the division supervisor and presents to management
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upon returning to work, a certificate from a health care
provider, stating the nature and duration of the
incapacity.
21.5 Compassionate Leave. Compassionate Leave is an
authorized use of sick leave for the death of a member of
the employee's or employee spouse's immediate family.
Immediate family is defined as any husband, wife, parent,
grandparent, child, grandchild, brother or sister. Such
leave time shall normally be limited to three (3) working
days.
ARTICLE 22 - SICK LEAVE POOL
Local 469 Executive Board will manage and is solely
responsible for the administration of the IAFF Sick Leave
Pool and the processing of requests.
All requests processed by the Payroll Office by the
fifteenth (15th) of a month shall be effective for the
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 23 - BIRTHING LEAVE /MATERNITY LEAVE
23.1 Pregnancy and maternity /paternity leave will be
treated in accordance with state and federal law.
ARTICLE 24 - LIGHT DUTY
24.1 Off -duty extended injury or illness.
Bargaining unit members who are off -duty due to an extended
injury or illness and cannot perform their regular duties
may request in writing to the Communications Manager an
assignment to light duty. Any light duty assignment will be
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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 no more than (30) days
at which time it will be reviewed by the Communications
Manager to determine if any extension of the assignment is
warranted. Light duty assignments will not include fire
suppression, EMS response, dispatching duties, or delay the
appointment or filling of a Civil Service position due to
work being performed by the employee on light duty. Any
employee on light duty will maintain all the rights and
benefits of this contract and earn job and position
seniority as if on full duty.
24.2 On -duty extended injury or illness. Bargaining unit
.members who are injured or incur illness on duty may be
required at the discretion of the department to be placed
on light duty. Any light duty assignment will be contingent
on the Department's needs and the employee's ability to
perform assigned duties within the scope that would be
allowed based on a physician's recommendation. All light
duty assignments will be for no more than (30) days at
which time it will be reviewed by the Communications
Manager to determine if any extension of the assignment is
warranted. Light duty assignments will not include fire
suppression, EMS response, dispatching duties, or delay the
appointment or filling of a Civil Service position due to
work being performed by the employee on light duty. Any
employee on light duty will maintain all the rights and
benefits of this contract and earn job and position
seniority as if on full duty.
ARTICLE 25 - COMPENSATORY TIME OFF
25.1 All bargaining unit employees shall have the option of
receiving payment or credited time off at the rate of one
and one -half (1.5) actual overtime hours worked in
accordance with Municipal Code Section 2.22.040.
Compensatory time shall be separately accounted for and
will have to be cleared by use or pay by December 31,
annually.
Up to forty (40) hours of compensatory time may be
accumulated. Use shall be scheduled at the City's
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discretion with due regard to the wishes of the employees
and the City's work requirements.
25.2 Court Appearance Leave - In the event members of the
bargaining unit receive a subpoena to appear in court to
provide testimony in an official capacity, such required
absence from scheduled duty shall be considered time worked
for pay purposes. When said employees are required to
appear in court in an official capacity in their off duty
hours, they shall be paid at the applicable rate for such
time. Verification of court attendance shall be on a form
prescribed by the Administration and shall include a
statement of hours signed by the relevant court clerk.
25.3 An off duty employee who is required by the
Administration to testify before the Civil Service Board on
matters pertaining to his assigned duties shall be
compensated for actual time in attendance in accordance
with 25.2 of this Article. Verification of attendance
shall be on a form prescribed by Administration and shall
include a statement of hours of attendance signed by
Administration.
25.4 Training Time - For bargaining unit members, training
time required by the Administration shall be considered as
time worked for compensation purposes. Optional training
and efforts expended in preparation for promotional exams,
etc., shall not be covered by this clause.
ARTICLE 26 - PUBLIC SAFETY DISPATCH OPERATIONS
26.1 Cross - Training. The first Public Safety Dispatchers
will be individuals who were formerly Fire Dispatchers and
Police Dispatchers who successfully pass items set forth in
section 12.3. Cross - training of these individuals will
begin as soon as administratively possible. Only these
particular individuals who were employed on the day the
Employer made the decision to implement Consolidated
Dispatch operations will have the opportunity to have their
primary responsibility continue to be their particular
emphasis but they will be obliged to expeditiously be
crossed - trained so that they can competently handle all
Public Safety Dispatch responsibilities inclusive of
police, fire, emergency medical and other dispatch
responsibilities. The existing personnel affected by this
section are:
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Katy C. Ybarra
26.2 New Public Safety Dispatchers and Public Safety
Communications Supervisors. All vacancies for Public
Safety Dispatchers and Public Safety Communications
Supervisors shall be filled according to the Public Safety
Dispatcher and Public Safety Communications Supervisor
class specification.
26.3 Public Safety Dispatch Personnel
(a) Use of Qualified Employees. Persons assigned to work
independently as Public Safety Dispatchers in the
Communications Center shall be Public Safety Dispatch
personnel who have passed the required Public Safety
Dispatcher Civil Service exams and /or hold the rank of
Public Safety Dispatcher or Lead Public Safety
Dispatcher. This will include those individuals
identified in Article 26.1 as having held the rank of
Fire Dispatcher or Police Dispatcher at the time the
employer decided to implement Consolidated Dispatch
operations (9/5/95).
(b) Use of Other Employees in a Workload Related
Emergency. In the event of emergency circumstances
which require additional Public Safety Dispatchers,
other Fire and Police personnel may be utilized provided
that they are accompanied by at least two (2) Public
Safety Dispatchers at all times. This condition shall
exist only until such time as Public Safety
Dispatcher(s) can respond to the emergency.
(c) Use of Other Employees in a Personnel Shortage
Related Emergency. In the event that a Public Safety
Dispatcher is incapacitated due to illness or injury
and /or is unable to serve or complete his /her duty shift
for any reason, and whereas another on -duty Public
Safety Dispatcher is not readily available, other Fire
and Police personnel may be utilized provided that
another Public Safety Dispatcher or Public Safety
Communications Supervisor is contacted as soon as
possible for replacement. This condition shall exist
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only until such time as another Public Safety Dispatcher
or Public Safety Communications Supervisor can respond.
(d) Work Outside the Bargaining Unit. In the event
that classifications outside of this Bargaining Unit,
but in the Communications Center, require emergency
assistance, assistance shall be provided to those
classifications by Bargaining Unit members under the
same limitations as set forth in this article, Section
26.3 (b) (c) .
(e) Filling of Vacant Positions. If Communications
Center position(s) are declared vacant, the employer
shall make a good faith effort to conduct examinations
for the vacancy within 120 days unless the position(s)
are abolished by the City Council or frozen by the
Appointing Authority. The time limits for examining and
filling a position, if said position is not abolished by
the City Council or frozen by the Appointing Authority
may be extended by mutual agreement of the parties.
Subject to the provisions of this section, vacancies for
Public Safety Dispatcher and Public Safety
Communications Supervisor shall be filled according to
Section 12.2 of this agreement.
26.4 Work schedules are those hours normally assigned.
Work schedule assignments shall normally be made prior to
the start of the calendar year.
26.5 Work schedule assignments shall normally be by
seniority within the classification. Beginning with the
most senior employees, they will indicate which current
work schedule assignment they prefer. Remaining schedule
slots shall be filled by assignment of employees with the
least seniority, excluding probationary employees.
Management mandated assignments or re- assignments may
become necessary as dictated by training, staffing and
special project concerns. Special project concern
reassignments shall be for the duration of the special
project.
ARTICLE 27 HOURS OF WORK AND OVERTIME
27.1 The has the right to schedule bargaining unit
members to work eight (8) hour, ten (10) hour or twelve
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(12) hour work shifts within a twenty -four (24) hour
period. The Employer has the right to schedule certain
employees to work eight (8) hour, ten (10) hour or twelve
(12) hour work shifts. Work schedules designed by the
Employer will be consistent with the provisions of FLSA.
When considering major schedule changes the management
shall solicit and consider, non - binding input from the
employees regarding the proposed new schedule
configuration. Once a new major schedule change has been
implemented that change will be reviewed at the end of the
first year's operation.
27.2 Overtime. For Bargaining Unit members, overtime hours
are those hours worked in excess of forty (40) hours in a
regularly scheduled seven (7) day work period and all hours
outside one's normally assigned shift. For the purposes of
computing overtime all paid leave time shall be considered
time worked. Management shall avoid involuntary assignment
of overtime to employees that result in less than eight (8)
hours between working assignments, excluding emergency
situations and extreme manning shortage.
27.3 No Pyramiding. Nothing contained in this collective
bargaining agreement shall be interpreted or enforced in
such a manner as to result in the duplication, pyramiding
or multiple payment (whether by fractions or otherwise) of
compensation for such items as overtime involving the same
hours of labor.
27.4 Meals and Break Periods Members of this Bargaining
Unit will be granted meal period(s) of forty (40) minutes
during their shift. On an eight (8) hour shift this will
be a single meal period as close to mid shift as possible
and on a twelve (12) hour shift there shall be two (2) meal
periods, as close as possible to four (4) hours and again
at eight (8) hours into their shift. A rest period of
fifteen (15) minutes shall be allowed for each four (4)
hours of working time. Rest periods shall be provided as
near as possible to the midpoint of each four (4) hour work
period. Meal and break periods will be provided as long
as qualified personnel are available for relief and the
workload existing at the time is such that the remaining
personnel can provide dispatching services at no
degradation to the public. Personnel on meal or break
periods shall be in the immediate vicinity of the
communications center (on the Law and Justice Building
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grounds) and available for immediate call back to duty.. On
occasion, but not regularly, at the discretion of the Lead
Public Safety Dispatcher or Division supervision, personnel
may leave for a very short period of time during the meal
period. The time off site should not exceed fifteen (15)
minutes and shall count as part of the meal period.
27.5 Employees whose schedules are changed shall have at
least seven (7) calendar days prior notice. Notice shall
be made during the employees scheduled working hours. E-
mail., employee mail, updated master schedule, or personal
contact shall constitute notice. The day notification is
given shall count as a day of notice (example; an employee
whose schedule is to be changed on Monday must be notified
no later than the preceding Monday).. Employees whose
.. schedules are changed without seven (7) calendar days
notice shall be paid overtime for those newly assigned
hours. In such reassignment overtime situations the
employee may be required to work their regularly scheduled
hours, as well; provided they can without assignment of
excessive continuous hours.
27.6 Overtime hiring shall normally be offered to an off -
duty employee in the same classification as that which
creates the vacancy; provided the employee can be contacted
in a timely manner and does not result in any additional
vacancies or overtime.
ARTICLE 28 - TOBACCO USE ON DUTY
28.1 The Union and the City recognize that health problems
are caused by smoking and therefore agree to the
elimination of the use of all tobacco products by everyone
involved with the Public Safety Dispatching facilities in
all administrative offices, buildings or facilities.
Violations of these provisions shall constitute a basis for
disciplinary action to be handled in accordance with normal
disciplinary procedures.
ARTICLE 29 - DRUG TESTING POLICY
29.1 See Appendix B
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ARTICLE 30 — PHYSICAL FITNESS
30.1 Bargaining unit members will have made available to
them a time, which shall not exceed sixty (60) minutes per
work shift, to participate in an approved aerobics /physical
fitness program. This program shall be as approved by the
physical fitness committee. The scheduled times will be by
agreement between the Administration and the Union. At no
time shall the scheduled aerobics /physical fitness time
cause a hiring situation to happen in order to allow anyone
to participate. Relief of on -duty personnel shall only
happen when work schedules and workloads allow. At other
times participants shall use the equipment, furnished by
the Administration to accomplish their aerobics /fitness
times. The participants shall provide all of their own
personal aerobics /fitness clothing. The actual schedule of
the aerobics /fitness period times, availability of relief
and the list of approved activities shall be subject to
approval by the Administration, the physical fitness
committee and the Public Safety Dispatch Supervisor. As
part of this program, the participants are encouraged to be
active participants in the City's wellness program in order
to have a total wellness /fitness program.
30.2 Employees in this bargaining unit shall have the
option to have physical examinations scheduled by and at
the expense of the City. Examinations shall be offered
every 2 years beginning at the age of 40. The City shall
send notification to the employee at least sixty (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. The results of a medical
examination, only as it relates to the ability of the
employee to carryout his /her job responsibilities, shall be
forwarded to the Chiefs of the Division. A copy of which
will be sent to the employee.
30.3 If the Administration has a concern about an
employee's physical and /or mental fitness for duty, the
Employer has the right to require said employee to be
examined by . a qualified medical expert designated by the
Employer at the Employer's expense. The qualified medical
expert will issue a statement to the Chiefs regarding the
employee's fitness for duty with a copy to the employee..
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ARTICLE 31 — DEFERRED COMPENSATION
31.1 Each bargaining unit member shall be paid, in addition
to that employee's monthly salary, deferred earned
compensation each month in an amount equal to three (3%)
percent of base pay to a deferred compensation account for
each member of the bargaining unit.
31.2 Said deferred compensation is separate pay and is not
part of the base monthly salary schedule codified in Yakima
Municipal Code Pay and Compensation Ordinance, subsection
,2.20.110. This provision is subject to the City's deferred
compensation rules and regulations adopted by the City
Council and IRS regulations, and the computation of
retirement contributions and pension benefits shall be
governed by applicable state law.
ARTICLE 32 - DISCIPLINE AND DISCIPLINARY PROCEDURES
32.1 See Appendix A
ARTICLE 33 - PROPERTY LIABILITY
33.1 The City shall provide full physical damage insurance
on City vehicles which shall include Public Safety Division
employees as insureds, or the City shall, in the
alternative, become self - insured for such physical damage.
In either case, the City waives any claim it may have
against any Division employee for damage to City property
while that employee is acting within the scope of his
employment except in the instance of intentional
misconduct, but the City retains its right to discipline
any employee for just cause.
ARTICLE 34 MUNICIPAL CODE SECTIONS PERTAINING
BARGAINING UNIT MEMBERS
2.04 Group Insurance
2.04.010 Plan Adopted
2.04.030 City Contributions
2.16 Bonds For Officers
2.16.010 Bonds Required - Amount
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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
Reinstatements of Employees
2.20.070 Reduction in Salary
2.20.080 Effect on Budget
2.20.085 Reimbursement for Expenditures
2.20.086 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
2.22.030 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
2.22.080 Holidays
2.24 Longevity Plan
2.24.010 Longevity Plan - Eligibility - Restrictions
2.24.015 Longevity Plan - Service Recognition Award
2.24.020 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
2.40.070 Unauthorized Absence
2.44 Lobbying by City Personnel
2.44.030 Permitted Activities of Representatives
2.44.040 Payment for Services of Representative
2.44.050 Prohibited Expenditures
2.44.060 Ethical Practices and Conduct
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In cases of conflict between the Municipal Code and this
Agreement, the latter shall control. Nothing herein shall
alter the parties' rights and obligations to bargain
collectively concerning proposed changes in the Municipal
Code that affect wages, hours or working conditions of
bargaining unit employees.
ARTICLE 35 - ENTIRE AGREEMENT
35.1 This collective bargaining agreement constitutes the
entire agreement as negotiated between the parties and no
oral statements and /or previous written agreements shall
add to or supersede any of the specific provisions of this
agreement.
35.2 The Administration and the Union agree to establish
monthly meetings for the purpose of discussing matters
considered of importance and to maintain a channel of
communication. It is intended that such communication be
used as a tool to prevent problems from developing and to
solve problems which have surfaced.
35.3 The problem resolving meetings shall not result in any
modifications to this collective bargaining agreement
except by mutual written agreement by the parties.
ARTICLE 36 - SAVINGS CLAUSE
36.1 All provisions of this Agreement are subject to
applicable laws, and if any provision of any article of
this Agreement is held or found to be in conflict
therewith, said provision shall be void and shall not bind
either of the parties hereto; however, such invalidity
shall not affect the remaining articles of this Agreement.
Notwithstanding any other provisions of this Agreement the
Employer may take all actions reasonable to comply with the
Americans with Disabilities Act and the Family Medical
Leave Act.
ARTICLE 37 - CREATION OF NEW CLASSIFICATIONS
37.1 The salary, hours of work and fringe benefits for all
newly created classifications within the bargaining unit
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January 1, 2014 - December 31, 2017
shall be negotiated with the Union. The Employer will
provide a job description for the new classification to the
bargaining unit representative prior to seeking
applications for the new position. Thereafter, the
classification shall be filled by open and competitive
competition. If the new classification would be a logical
progression for an existing classification, then it will be
filled by the promotional process. Otherwise, the new
classification would be filled by open and competitive
competition. All areas negotiated for the new
classification shall be applied retroactive to the date of
hire or promotion of any individual who is placed into the
new classification.
ARTICLE 38 - CLASSIFICATION STUDIES
38.1 The long term assignment (greater than 6 months) of
uncharacteristic duties (e.g., dispatching taxi cabs,
buses, shuttle services), that are outside what normally
would be considered duties related to a consolidated public
safety communications center (e.g., ambulance dispatching,
fire department /district dispatching, law enforcement
agencies dispatching, Emergency services dispatching), to
any classification in the bargaining unit must be
accompanied by a classification study. The classification
study shall be accomplished in a reasonably timely manner.
ARTICLE 39 - VEBA MEDICAL SAVINGS ACCOUNT
39.1 The Bargaining Unit shall have the option of
participating in a medical savings trust fund.
Participation of the members shall be either all -in or all -
out depending on the of body. This trust fund shall be
funded by the employee's sick leave cash out at the time of
retirement.
ARTICLE 40 - TERM OF THE AGREEMENT
40.1 This Agreement shall be deemed effective from and
after the 1st day of January, 2007 through the 31st day of
December, 2009; Provided, however, that this agreement
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January 1, 2014 - December 31, 2017
shall be subject to such periodic changes as may be
voluntarily and mutually agreed upon by the parties hereto
during the term thereof.
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January 1, 2014 - December 31, 2017
Executed by the parties hereto this 18th day of February,
2014
Recommended by:
LOCAL 4.,:, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL - CIO:
By: f
J.��e►' 'odriguez
i / resedent, Local 469
AFF
By:
Nic Sloan
Vice President, Local 469
IAFF
By : !,,_
Michael Wagner
Secretary- Treasurer, Local 469
IAFF
CITY OF YAKIMA: I
By ..... ; By : A I /� / �L
To A 0 Rouble Bo. 'e4t r �
y a Act ng Fire Chief
ATT . -� �' � � s
, i
BY: 61,:_: _ . j..L =' ..� • •
Sonya Cl. ar -Tee ; 1 ? : a
City C'e k .•
City Contract No. /
Council Resolution No. Zi0/
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January 1, 2014 - December 31, 2017
APPENDIX A
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 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 substandard
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 defines 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:
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• A meeting with the employee and his /her immediate
supervisor.
• The employee is informed that this is an oral
reprimand
• Oral reprimands will be documented by memo to include
the date and time of the infraction, the department
policy, SOP or guideline that has been violated, 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 the Deputy
Chief or the Assistant Communications Manager 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 the employee, and his /her immediate
supervisor
• The employee informed that this is a formal written
reprimand.
• Written reprimands will be documented 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
3. Suspension - Any instance in which any employee is
released from duty without pay from city service.
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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 employees return to
work.
• The original disciplinary letter will be provided to
the employee and a copy of the pre- 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 "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.
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• 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 Assistant Communications Managers office. Oral
reprimands are not to be placed into the employee's
personnel file and shall be removed from the Deputy Chief
or Assistant Communications Managers 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 15 days from the time of receipt of
written notice of such discipline, whereupon, consistent
with the Rules, the Commission shall conduct such hearing..
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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 Infractions - 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.
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 Infractions - 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 other improper use of City
property.
• Releasing confidential information without proper
• Unauthorized or improper use of any type of leave
4 Public defamation of character or the organization
Intolerable Infractions - 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
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January 1, 2014 - December 31, 2017
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.
F
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.
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APPENDIX B - Drug Testing Policy
YAKIMA COMMUNICATIONS CENTER DRUG TESTING POLICY
The mission of the Yakima Communications Division is to
protect the lives and property of the people of Yakima. To
fulfill this mission and because it regards its employees
as its most important asset, the Division has a substantial
interest in assuring that its employees maintain their
physical and mental fitness, stamina, alertness and control
at all times while on duty.
Alcohol and drugs alter and impair an employee's ability to
perform his or her duties, and therefore increase the risk
of accidents and injuries to members of the public, other
public safety employees, fellow firefighter's and the
employee themselves.
To further the goal of a drug free work place, the Yakima
Communications Division believes that the following on -duty
alcohol and drug testing programs are an effective way to
assure employee fitness for duty and to protect employees
and the public from the risks posed by employee use of
alcohol and drugs. Accordingly, the Division hereby
implements the following "random ", "post accident ", and
"return to duty" alcohol and drug- testing program. This
policy is in addition to the City of Yakima Substance Abuse
Policy, which provides for "reasonable suspicion" testing.
The parties agree to re -open this Appendix following the
conclusion of bargaining between the City and the IAFF
LEOFF bargaining unit if modification to this Appendix is
necessary to maintain a uniform policy applicable to all
IAFF members.
A. Applicability
This policy applies to all members of the Yakima
Communications Division covered under this collective
bargaining agreement.
B. Definitions
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January 1, 2014 - December 31, 2017
For purposes of this policy, and unless indicated
otherwise, the following terms shall be defined as follows:
1. Accident. Accident means an occurrence associated with
the operation of a vehicle if, as a result:
• An individual dies;
• An individual suffers bodily injury; or
• There is damage to property.
2. Alcohol. Alcohol means the intoxicating agent in
beverage alcohol, ethyl alcohol, and /or other low molecular
weight alcohol including methyl and isopropyl alcohol.
3. Alcohol Concentration /Content. Alcohol concentration/
content means the alcohol in a volume of breath expressed
in terms of grams of alcohol per 210 liters of breath as
indicated by an evidential breath test.
4. Alcohol Test. An alcohol test is a test conducted by
a Breath Alcohol Technician, or any other person trained in
the Department of Transportation rules, using an Evidential
Breath Testing Device (EBT) to measure the amount of
alcohol concentration in a volume of breath.
5. Breath Alcohol Technician. A Breath Alcohol
Technician (BAT) is an individual who instructs and assists
individuals in the alcohol testing process and operates EBT
devices.
6. Confirmation Test. A confirmation test means a second
analytical procedure to identify the presence of a specific
controlled substance or controlled substance metabolite
which is independent of the screen test and which uses a
different technique and chemical principle from that of the
screen test in order to ensure reliability and accuracy.
7.. Controlled Substance. Controlled substances are those
substances whose dissemination is regulated by law,
including but not limited to narcotics, depressants,
stimulants, hallucinogens, and cannabis. For the purpose
of this policy, substances that require a prescription or
other written approval from a licensed health care provider
or dentist for their use shall also be included when used
other than as prescribed. The drugs and /or their
metabolites that are included in these categories are as
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follows: marijuana, cocaine, opium or opiates,
barbiturates, amphetamines or methamphetamines, and
phencyclidine.
8. Controlled Substance Test. A method for determining
the presence of controlled substances in a urine sample
using a scientifically reliable method performed in
accordance with procedures specified in 49 CFR part 40, as
amended.
9. Failing a Controlled Substance or Alcohol Test.
Failing a controlled substance or alcohol test means that
the controlled substance or alcohol test showed positive
evidence of the presence of a controlled substance or
alcohol in an employee's system that is at or above a
determined threshold level. This determination shall be
made by the City MRO under the same standards as passing a
substance test. Failing a substance test shall be referred
to as "testing positive." Employees who refuse to take a
substance test when requested to do so shall be considered
to have failed the substance test.
10. Evidential Breath Test Device. An Evidential Breath
Testing Device (EBT) is a device approved by the National
Highway Traffic Safety Administration (NHTSA) and placed on
the NHTSA's Conforming Products List (CPL) and is used for
the testing of breath for the presence of alcohol.
11. Medical Review Officer. A Medical Review Officer
(MRO) is a licensed physician (medical doctor or doctor of
osteopathy) responsible for receiving laboratory results
generated by the City's drug testing program who has
knowledge of substance abuse disorders and has appropriate
medical training to interpret and evaluate an individual's
confirmed positive test result together with his or her
medical history and any other relevant biomedical
information.
12. On -duty. For purposes of this policy, on -duty
includes meal and break periods during the workday and time
during which an employee is on paid administrative leave.
13. Passing a Controlled Substance Test. An individual
passes a controlled substance test when an MRO determines,
in accordance with 49 CFR Part 40, that the results of the
test:
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• Showed no evidence of a controlled substance or
controlled substance metabolite;
• Showed evidence of a controlled substance or
controlled substance metabolite for which the employee
has a prescription; or
• Showed evidence of a controlled substance or
controlled substance metabolite below a determined
threshold level.
Passing a controlled substance test shall be referred to as
"testing negative."
14. Passing an Alcohol Test. Passing an alcohol test
means that the alcohol test result shows an alcohol
concentration of less than 0.02. Passing an alcohol test
shall be referred to as "testing negative ".
15. Refusal to Submit. An employee "refuses to submit" to
an alcohol or controlled substances test when the employee
fails to provide adequate urine for testing without a valid
medical explanation, the employee engages in conduct that
obstructs the testing process, or the employee does not
cooperate fully in the collection process. Examples of
refusal to submit include the following:
• Failure to appear for a test.
• Failure to remain at the testing site until the
testing process is completed.
• In the case of a directly observed or monitored
specimen collection, failure to permit the monitoring
of the provision of a specimen.
• Failure to provide a sufficient amount of urine when
directed and it has been determined through a required
medical evaluation that there was no adequate medical
explanation for the failure.
• Failure to take a second test as directed by the
collector.
• Tampering with a urine sample.
• Failure to complete all required forms and documents.
16. Screening Test. For alcohol testing, a screening test
is an analytical procedure using an EBT to detect if an
employee has a prohibited concentration of alcohol in
his /her system.
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For controlled substances testing, a screening test means
an immunoassay screen (or other Department of Health and
Human Services (DHHS)- approved test) utilized to eliminate
"negative" urine specimens from further consideration.
17.. Substance Abuse Professional. A substance abuse
professional (SAP) is a licensed physician (medical doctor
or doctor of osteopathy) or a licensed or certified
psychologist, social worker, employee assistance
professional, or addiction counselor (certified by the
National Association of Alcoholism and Drug Abuse
Counselors Certification Commission) with knowledge of and
clinical experience in the diagnosis and treatment of
alcohol and controlled substances - related disorders.
C. Prohibited Activities
1. No employee shall report for duty or remain on duty
while having an alcohol concentration of 0.02 or greater.
2. No employee shall report for duty or remain on duty
while unable to perform his or her job safely and
effectively and /or while impaired by a controlled
substance.
3. No employee shall report for duty or remain on -duty if
the employee tests positive for a controlled substance.
4. No employee shall refuse to submit to a post- accident,
random, return -to -duty, or follow up alcohol and controlled
substances testing.
5. No employee shall consume or possess alcohol in the
workplace (including City vehicles) and /or while on duty.
6. No employee shall illegally manufacture, distribute,
dispense, possess, or use any controlled substance in the
workplace (including City vehicles) and /or while on -duty.
7. Supervisors shall give employees the opportunity to
acknowledge the use of alcohol at the time he /she is called
to report for duty. The employee will be required to take
an alcohol test if he /she acknowledges the use of alcohol
at the time he /she reports for duty but claims the ability
to drive and /or perform safety- sensitive functions.
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D. Random .Testing
Employees covered hereunder are subject to random
controlled substances testing in accordance with the
following:
1. Twenty -five percent of the average number of covered
employees shall undergo random alcohol and controlled
substances testing in each calendar year.
2. Random testing shall occur while an employee is on-
duty. If an employee is off -duty when he /she is selected
for random testing, the employee will be tested upon return
to duty.
3. The selection of employees for random testing shall be
made by a scientifically valid method, such as a random
number table or a computer -based random number generator
that is matched with employees' Social Security numbers,
payroll identification numbers, or other comparable
identifying numbers. Under the selection process used,
each covered employee shall have an equal chance of being
tested each time selections are made.
4. Random alcohol and controlled substances tests shall
be unannounced and the times and dates for administering
such random tests shall be spread reasonably throughout the
calendar year.
5. Employees who are notified of selection for random
controlled substances testing shall be immediately
transported to the test site by a Supervisor.
E. Post - Accident Testing
Employees covered hereunder are subject to post -
accident alcohol and controlled substances testing in
accordance with the following:
1. As soon as practicable following an accident, each
employee who was in physical control of a vehicle involved
in the accident shall be tested for alcohol and controlled
substances.
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2. If a post- accident controlled substances test is not
administered within 32 hours of the accident, the
supervisor shall cease attempts to have the controlled
substances test administered and prepare and maintain on
file a record stating the reasons the test was not done
within said 32 hours.
3. If a post- accident alcohol test is not administered
within 2 hours following an accident, the supervisor shall
prepare and maintain on file a record stating the reasons
the test was not properly administered. If a post- accident
alcohol test is not administered within 8 hours after the
accident, the supervisor shall cease attempts to have the
alcohol test administered and shall prepare and maintain on
file a record stating the reasons the test was not done
within said 8 hours.
4. An employee subject to post- accident testing shall
remain readily available for such testing, including
notifying his /her supervisor of his /her location if he /she
leaves the accident scene. An employee who fails to do so
shall be deemed to have refused to submit to testing.
Nothing herein shall be construed to require the delay of
necessary medical attention for the injured or to prohibit
an employee from leaving the accident scene for the time
period required to obtain emergency assistance.
F. Return -to -Duty Testing
An employee who has engaged in and /or violated the
alcohol and controlled substances prohibitions of this
policy shall not be allowed to return to duty until that
employee has complied with the following:
• The employee has been evaluated by a SAP who shall
determine what assistance the employee needs in
resolving problems associated with alcohol misuse
and /or controlled substances use; and
• The employee has complied with and remains in
compliance with any and all SAP recommended conditions
of return to duty including rehabilitation and /or
treatment programs; and
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• The employee has executed all necessary releases to
permit the City to confirm his or her compliance with
all conditions of return to duty; and
• The employee tests negative for an alcohol and
controlled substances return -to -duty test.
Employees may use accrued vacation, holiday, compensatory
time, sick leave or trades, or may request unpaid
administrative lave in accordance with city policies while
participating in a SAP evaluation and while complying with
any rehabilitation or treatment programs.
G. Follow -Up Testing
Upon successful return to work, an employee will be
subject to follow -up testing for alcohol and controlled
substances. The SAP shall determine the frequency and
duration of follow -up testing, but such shall consist of at
least twenty four (24) unannounced tests in the first
forty -eight months (48) months following the employee's
return to duty. After that period of time, the SAP may
recommend additional follow -up testing or termination of
follow -up testing. Follow -up testing shall not go beyond
sixty (60) months after the employee's return to duty.
Refusal to submit to return -to -duty testing or a follow -up
test will be considered grounds for discharge from
employment.
H. Rehabilitation and Counseling
The Department recognizes that alcoholism and controlled
substance dependence are treatable diseases. Therefore,
the Department promotes voluntary rehabilitation programs
to encourage employees to seek professional assistance,
without fear of discipline, prior to testing positive for
alcohol or drugs. Toward this end, the Department's
philosophy on substance abuse is to emphasize prevention,
provide education and training to employees to clarify this
policy, and assist employees in recognizing substance abuse
problems and finding solutions to those problems.
The Department offers employees the use of counseling and
rehabilitative services pursuant to coverage limitations
and in accordance with the terms of its benefits programs.
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A voluntary request by an employee for assistance with an
alcohol and /or controlled substance dependency will remain
as confidential as possible and will not be used, in
itself, as a basis for disciplinary action. Employees are
personally responsible for seeking treatment for substance
dependency and are responsible for all costs not covered by
insurance.
Paid leave shall be granted for appointments with the
City's Employee Assistance Program (EAP) provider with
prior approval by the employee's supervisor, for up to 3
visits per year. The costs of the visits with the EAP
shall be borne by the City. The EAP counselor may contact
the Department for authorization for additional paid time
off. The employee may also use any available accumulated
leave in accordance with city leave policies in order to
participate in extended counseling and /or rehabilitation.
I. Prescription Drug Use
The appropriate use of legally prescribed drugs and
non - prescription medication is not prohibited. It is,
however, the employee's responsibility to inform health
care professionals of the employee's job duties and
determine whether or not a prescribed drug may impair his
or her job performance or mental or motor function.
Employees must remove themselves from service if they are
unfit for duty.
Employees are required to report the use of medically
authorized drugs or other substances that may create a
direct threat by impairing job performance of safety -
sensitive functions to his /her supervisor and provide
written medical authorization to work from a physician.
Failure to report the use of such drugs or failure to
provide proper evidence of medical authorization may result
in disciplinary action.
J. Additional Employee Rights and Responsibilities
1. An employee who wishes to challenge a positive
controlled substances test must do so within 72 hours of
notification of the positive result. The employee must
notify the MRO that he /she wishes to challenge the test
result. The split- specimen must be processed at a
different Department of Health and Human Services - certified
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PERS Dispatchers & Supervisors
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laboratory. The employee will be solely responsible for
costs necessary for the re -test.
2. An employee required hereunder to undergo post -
accident alcohol and controlled substance testing while
off -duty shall be put on paid administrative leave for the
time period necessary for conducting said testing.
4. The City reserves the right to search, without
employee consent, all City owned property, and any property
or area jointly or fully controlled by the City when
reasonable suspicion exists to believe the search will
reveal evidence of a violation of this policy.
5. In accordance with the Drug Free Workplace Act of
1988, an employee who is convicted of any criminal drug
statute for a violation in the workplace shall notify the
City Human Resource Manager no later than 5 days after such
conviction.
6. Employees who observe or have knowledge of another
employee in a condition that impairs the other employee's
ability to perform job duties or poses a health or safety
risk shall promptly report the matter to an immediate
supervisor.
K. Disciplinary Action
The following actions are subject to disciplinary action,
up to and including termination:
• A positive alcohol and /or controlled substance test.
-• Refusal to submit to an alcohol and /or controlled
substance test.
• Disclosure of the identity of a firefighter selected
for random testing or the fact that a random selection
is scheduled to take place prior to the test.
• Failure to complete a counseling, treatment, or
rehabilitation program recommended by the SAP.
• The consumption or possession of alcohol in the
workplace (including City vehicles) and /or while on
duty.
• The illegal possession, manufacture, use,
distribution, or sale of any controlled substance,
drug paraphernalia, or other prohibited substance in
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PERS Dispatchers & Supervisors
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the workplace (including City vehicles) and /or while
on -duty.
• Any other violation of this policy.
If a communications division employee fails an alcohol
and /or controlled substance test for the first time, the
Chiefs will engage in a good faith effort to offer the
employee the opportunity to return to duty under certain
conditions including, but not limited to, return -to -duty
testing, follow -up testing, an appropriate rehabilitation
program, and discipline less than termination, provided
however, that the City retains the ability to terminate an
employee in the case of aggravating circumstances.
A communications division employee who fails an alcohol
and /or controlled substance test for the second time during
his /her career shall be terminated.
L. Collection and Testing Procedures
Controlled substance testing shall comply with 49 CFR
Part 40, procedures designed to ensure the accuracy and
integrity of the test results and include screening tests,
confirmation tests, chain of custody safeguards, and
appropriate privacy and confidentiality protections.
Alcohol testing will be performed by a trained breath
alcohol technician (BAT) utilizing an evidential breath
testing device (EBT). Testing will take place at a site
designated by the City. The BAT will inform the employee
of the EBT results at the time of testing. If the
screening test shows an alcohol concentration of 0.02 or
greater, a breath confirmation test will be conducted after _
15 minutes of the screening test and before 30 minutes. If
the confirmation test shows an alcohol concentration of
0.02 or greater, the BAT will show the employee the printed
test results and shall notify the Fire Chief of the test
results.
Controlled substance testing will be performed by split -
specimen urinalysis at a test laboratory certified by the
U.S. Department of Health & Human Services ( "DHHS "). The
test involves an initial screening performed by the enzyme
multiplied immunoassay test ( "EMIT ").. Any positive test is
then confirmed by a second test of the same sample by Gas
Chromatography /Mass Spectrometry ( "GC /MS "). Prescription
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PERS Dispatchers & Supervisors
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information will not be requested from an employee prior to
laboratory testing. The City's designated MRO shall
receive and interpret test results and report them to the
City. Laboratory analysis of urine specimens shall be
restricted to those tests authorized by this policy to
detect drug use. They shall not be used for other purposes
such as the analysis of physiological states or diseases.
The following initial cutoff levels shall be used when
screening specimens to determine whether they are negative
for these drugs or classes of drugs.
Initial test cutoff
levels (ng /ml)
Alcohol .02g/210 ml expired air
Marijuana metabolites 50
Cocaine metabolites 300
Opiate metabolites (1) 2000*
Phencyclidine (PCP) 25
Amphetamines 1000
* 15 ng /ml if immunoassay specific for free morphine
All specimens identified as positive on the initial test
shall be confirmed at the cutoff levels listed below for
each drug.
Confirmation test cutoff
levels (ng /ml)
Alcohol .02g/210 ml expired air
Marijuana metabolites 15
Cocaine metabolites 150
Opiates:
Morphine 300
Codeine 300
6- acetylmorphine 10
Phencyclidine 25
Amphetamines
Amphetamine 500
Methamphetamine 500
Prior to reporting a positive test result, the MRO
shall give the employee an opportunity to discuss the test
result, including providing verification of any
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PERS Dispatchers & Supervisors
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prescription medications. If the employee meets with the
MRO and fails to present information affecting the test
result, or if the employee refuses to meet with the MRO,
the MRO will verify a positive test result and will inform
the City Human Resources Manager and Fire and /or Police
Chief on a confidential basis that the employee tested
positive. The MRO will also inform the employee at the
time the test result is verified that he or she may request
a "re- test" at their own expense within 72 hours.
M. Confidentiality
All records relating to controlled substance test results
performed pursuant to this policy shall be maintained in a
secure location with controlled access. Except as required
by law or authorized by the employee, the City shall not
release such records. Test results obtained pursuant to
this policy shall not be used as the basis for criminal
investigation.
The city shall make one legible copy of the results of
his /her drug and /or alcohol tests available to the employee
upon request.
N. Communication and Education
Communicating this policy to employees is important to its
success. Therefore, all new and covered employees shall
receive:
• One written copy of this policy prior to its
implementation.
• A brochure describing the City's EAP and any
additional drug and alcohol referral services.
• Information concerning the impact of the use of
alcohol and drugs on job performance.
• Education on how the tests are conducted, what the
test can determine and the consequences of testing
positive for drug or alcohol use.
No employee shall be tested before this information is
provided to him /her.
0. Savings Clause
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PERS Dispatchers & Supervisors
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It is understood that all provisions of this policy
are subject to applicable federal, state, and local laws,
and if any provision of any section of this policy is held
or found to be in conflict therewith, said provision shall
be void. However, such invalidity shall not affect the
remainder of this policy, which will remain in full force
and effect.
P. Other
This policy as it applies to random and post accident
drug testing was initiated at the request of the city and
the city shall assume sole responsibility for its
administration. The Union does not stipulate that the
random drug testing provisions of this policy are lawful
and the city agrees to indemnify and hold the union and its
officers harmless from any and all claims of any nature
(except those arising from the negligence of the union
and /or its officers) where the legality or
constitutionality of this policy as it applies to random or
post accident drug testing is at issue. This
indemnification provision does not extend to claims that
the union or anyone acting on its behalf improperly or
negligently advised, represented, or performed services for
an employee, disciplinary proceedings arising from
violations of the policy, or any other right or liability
of an employee related to this policy.
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{ {
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 3
For Meeting of: 2/18/2014
ITEM TITLE: Resolution authorizing the execution of the 2014 -2017
Collective Bargaining Agreement between the City of Yakima
and IAFF Local #469, Public Safety Dispatchers &
Communication Supervisors.
SUBMITTED BY: Tony O'Rourke, City Manager
Cheryl Ann Mattia, Human Resources Manager
SUMMARY EXPLANATION:
The attached resolution authorizes a four year Collective Bargaining Agreement with the IAFF,
Local #469 for the Public Safety Dispatchers & Communications Supervisor units.
Outline:
Wages
2014 2%
2015 2%
2016 2.5%
2017 2.5%
Bi- Lingual
3% of base pay
Longevity pay
1 year 2%
3 years 2.5%
5 years 3%
9 years 3.5%
Training pay
5% of base pay
City Vacation Sell -Back Program
Resolution: Ordinance:
Other (Specify):
Contract: Contract Term:
Start Date: End Date:
Item Budgeted: Amount:
Funding Source /Fiscal
Impact:
Strategic Priority:
Insurance Required? No
Mail to:
Phone:
APPROVED FOR
SUBMITTAL: City Manager
RECOMMENDATION:
City management recommends execution of the contract.
ATTACHMENTS:
Description Upload Date Type
❑ Resolution for Public Safety Dispatchers and 1/22/2014 Resolution
Communications Supervisors CBA 2014 -2017
❑ CBA fire dispatch 2/13/2014 Cover Memo