HomeMy WebLinkAboutR-2014-034 2014-2017 Collective Bargaining Agreement / Employees & 911 Calltakers (469) RESOLUTION NO. R- 2014 -034
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 Fire Department Employees & 911 Calltakers Unit 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 Fire PERS Employees & 911 Calltakers 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 Fire PERS
Employees & 911 Calltakers unit 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 Caw y, Mayor
w EST: ` 1411
City Clerk
V4S
COLLECTIVE BARGAINING AGREEMENT
COVERING PERS FIRE DEPARTMENT EMPLOYEES AND
9 -1 -1 CALLTAKERS
By and Between
THE CITY OF YAKIMA, WASHINGTON
AND
LOCAL 469
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL -CIO
EFFECTIVE: January 1., 2014, through December 31., 2017
TABLE OF CONTENTS
ARTICLE 1 UNION RECOGNITION AND BARGAINING UNIT 4
ARTICLE 2 UNION SECURITY 4
ARTICLE 3 PAYROLL DEDUCTIONS 4
ARTICLE 4 MANAGEMENT RIGHTS 5
ARTICLE 5 EMPLOYEE RIGHTS 5
ARTICLE 6 PRODUCTIVITY 5
ARTICLE 7 EQUAL OPPORTUNITY CLAUSE 6
ARTICLE 8 GRIEVANCE PROCEDURE 6
ARTICLE 9 RELEASE FROM DUTY 9
ARTICLE COLLECTIVE BARGAINING COMMITTEES 9
ARTICLE 11 COLLECTIVE BARGAINING PROCEDURE 10
ARTICLE 12 PROMOTIONAL STANDARDS 11
ARTICLE 13 REFRESHMENT. FUNDS 11
ARTICLE 14 WAGES 11
ARTICLE 15 HEALTH CARE INSURANCE 11
ARTICLE 16 LIFE INSURANCE 14
ARTICLE 17 LONGEVITY PAY 14
ARTICLE 18 SPECIAL PAYS 14
ARTICLE 19 VACATION LEAVE 16
ARTICLE 20 HOLIDAYS 17
ARTICLE 21 SICK LEAVE ACCRUAL/EXCHANGE 18
ARTICLE 22 SICK LEAVE POOL 20
ARTICLE 23 BIRTHING LEAVE /MATERNITY LEAVE 20
ARTICLE 24 LIGHT DUTY 20
ARTICLE 25 COMPENSATORY TIME OFF 21
ARTICLE 26 PUBLIC SAFETY COMMUNICTIONS OPERATIONS . 21
ARTICLE 27 HOURS OF WORK AND OVERTIME 22
ARTICLE 28 TOBACCO USE ON'DUTY 23
ARTICLE 29 DRUG TESTING POLICY 24
ARTICLE 30 PHYSICAL FITNESS 24
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ARTICLE 31 DEFERRED COMPENSATION 24
ARTICLE 32 DISCIPLINE AND DISCIPLINARY PROCEDURES 24
ARTICLE 33 PROPERTY LIABILITY 25
ARTICLE 34 MUNICIPAL CODE SECTIONS PERTAINING BARGAINING UNIT MEMBERS 25
ARTICLE 35 ENTIRE AGREEMENT 26
ARTICLE 36 SAVINGS CLAUSE 26
ARTICLE 37 CREATION OF NEW CLASSIFICATIONS 26
ARTICLE 38 CLASSIFICATION STUDIES 27
ARTICLE 39 VEBA MEDICAL SAVINGS ACCOUNT 27
ARTICLE 40 TERM OF THE AGREEMENT 27
APPENDIX A DISCIPLINARY GUIDELINES 29
APPENDIX B DRUG TESTING POLICY 33
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PREAMBLE
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 all
regular Fire Department employees in the Public Employees Retirement System (PERS)
classifications and 9 -1 -1 Calltakers. Excluded from the bargaining unit are the Fire Chief,
Deputy Fire Chief, Battalion Chiefs, Fire Department Administrative Assistant, Uniformed
Firefighter personnel, Public Safety Dispatchers and Supervisors, Public Safety Assistant
Communications Manager, Communication Division Office Assistant, Public Safety
Communications Manager, and all other employees of the Fire Department and Police
Department.
ARTICLE 2 - UNION SECURITY
2.1 Each employee in this bargaining unit may become or remain a member of the Union.
Employees not desirous of membership in the Union shall be subject to a representation service
fee equal to the base mandatory dues and assessments, which shall be a condition of continued
employment. Said membership or fee payment shall become mandatory upon successful
completion of a one (1) year period of service and in accordance with provisions of the Public
Employee. Collective Bargaining Act, RCW, 41.56. Nothing herein shall preclude membership
in the Union of any employee who so requests prior to completion of one (1) year of service.
ARTICLE 3 - PAYROLL DEDUCTIONS
3.1 The City agrees to deduct uniformly required Union membership fees, dues and other
assessments by the Union from the pay of those members who authorize the City to do so. Such
authorization shall be in writing and signed by each person authorizing such deductions and filed
with the City. The Secretary of the Union shall notify the Finance Director of the City of Yakima
of amounts to be deducted from the pay of each such person. The City shall transmit such
amounts to the official and location designated by the bargaining unit representatives together
with an itemized statement, on or before the 20th day of each month, following the month for
which deductions are made. The Union agrees to hold harmless and indemnify the City against
any claims, 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.
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ARTICLE 4 - MANAGEMENT RIGHTS
4.1 The Union recognizes the prerogative of the City to operate and manage its affairs in all
respects in accordance with its responsibilities, lawful powers and legal authority. City affairs
which are not included within negotiable matters- pertaining to wages, hours and working
conditions are inclusive of the following, but not limited thereto:
(a) The right to establish and institute work rules and procedures upon reasonable notice
to bargaining unit members. All personnel rules and policies developed by the
Employer which are intended to be applicable to Union members shall be in written
form and posted in the department manual. -
(b) The right to determine reasonable schedules of work, overtime and all methods and
processes by which said work is to be performed in a manner most advantageous to
the Employer. Changes to work schedules which are intended to be applicable to
Union members shall be in written form and posted in the department manual.
(c) The right to lay off employees for lack of work or funds or because of the occurrence
of conditions beyond the control of the City or where the continuation of work would
be wasteful and unproductive in the opinion of City officials.
(d) The right to discipline or discharge employees for just cause; provided that the City's
right to discipline or discharge initial hires during their probationary period shall not
be limited by this section. The parties agree to study policies for administering this
section.
(e) The right to assign incidental duties reasonably connected with but not necessarily
enumerated in job descriptions, shall nevertheless be performed by employees when
requested to do so by the Employer.
(f) The right to take whatever actions the Employer deems necessary to carry out
services in an emergency.
ARTICLE 5 - EMPLOYEE RIGHTS
5.1 Except as otherwise provided in this labor contract, the provisions of this labor
agreement, where applicable, shall not be construed as a waiver of the Union's right to request
and require bargaining in accordance with the provisions of Chapter 41.56, RCW.
5.2 Employees shall be permitted to wear either one (1) union tie tack or one (1) union pin on
department uniforms. The tie tack or pin shall not exceed 5/8 inch in diameter.
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
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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.
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.
(b) Because of the diversity of the group covered under this agreement, in each step it is
identified by position to which supervisory position is responsible. If a position isn't
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named in a particular step then they would skip to the next step identified for that
position.
(c) Step 1 - Discussion With Immediate Supervisor
As soon as possible, but in no case later than the time period specified above, an
employee shall first discuss his/her grievance with his/her immediate supervisor. Said
supervisor shall make an investigation of the relevant facts and circumstances of the
complaint and provide a written decision within seven (7) working days.
9 -1 -1 Calltakers Public Safety Supervisor
Electronic Technicians Electronics Supervisor
Fire Dept Mechanic Deputy Chief, Ops /Logistics
Secretary II Deputy Chief, Ops /Logistics
(d) Step 2 - Grievance timely filed in writing with Public Safety Assistant
Communications Manager
If the employee and the immediate supervisor cannot reach agreement regarding a
remedy the employee may, provided the employee timely files the grievance at this
step within twenty (20) working days of receipt of the immediate supervisors written
decision, submit the written grievance to the Division Supervisor. The Division
Supervisor shall conduct an investigation and provide a written decision within twenty
(20) working days of receipt of the grievance.
9 -1 -1 Calltakers Assistant Communications Manager
(e) Step 3 - Grievance Appealed to the Communications Manager
If the employee and Immediate /Intermediate Supervisor cannot reach agreement
regarding a remedy, the employee may, within twenty (20) working days of receipt of
the written decision, submit the grievance to the Communications Manager. The
Manager shall make a separate investigation of the issue(s) and notify the employee in
writing of his/her decision, and the reasons therefore, within twenty (20) working days.
9 -1 -1 Calltakers Communications Manager
(f) Step 4 - Grievance Appealed To Chief(s)
If the employee and Immediate or Communications Supervisor or the Communications
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
Chief(s) of the Department(s). The Chief(s) shall make a separate investigation of the
issue(s) and notify the employee in writing of his decision, and the reasons therefore,
within twenty (20) working days.
9 -1 -1 Calltakers Police & Fire Chief
Electronic Technicians IT Manager
Mechanic Fire Chief
Secretary II Fire Chief
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(g) Step 5 - Grievance Appealed To City Manager'
If the grieving party is dissatisfied with the decision of the Chief(s) of the
Department(s), the employee may within twenty (20) working days request a review by
the City Manager. The City Manager shall forward a written decision to the employee
within twenty (20) working days from receipt of the grievance.
(h) 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 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.
(i) 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.
(j) 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.
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8_4 Special Provisions.
(a) A Union representative and/or aggrieved party shall be granted time off without loss of
pay for the purpose of processing a grievance as provided in 8.3(f), Step 5, above.
(b) A grievance may be entertained in or advanced to any step in the grievance procedure if
the parties so jointly agree.
(c) The time limits within which action must be taken or a decision made as specified in
this procedure may be extended by mutual written consent of the parties involved. A
statement of the duration of such extension of time must be signed by both parties
involved at the step to be extended.
(d) Non - contract disputes only: Wages, hours and working conditions not specifically
covered by the terms and conditions of this Agreement shall be subject to the grievance
procedure up to, but not including, arbitration. If the City and the grievant are unable to
reach agreement at the City Manager level, where the grievance is not subject to
arbitration, a three person board will be formed. Management will select one member
and the Union will select one member of the Board. The two members will select the
third member who shall act as chairperson. All members of this Board must be citizens
or employees of the City of Yakima. In the event the two members cannot agree as to
the selection of the third member, each member may submit one name whereby the
chairperson shall be selected by lot. Any expenses for the services of the third party
chairperson shall be borne equally by the parties. The decision of this Board shall be
binding on the parties in non - contractual grievances.
ARTICLE 9 - RELEASE FROM DUTY
9.1 Union Business Leave. Such officers and members of the Union as may be designated
by the Union normally not to exceed two (2) in number at any one (1) time, shall be granted up
to a total of one hundred twenty (120) hours of time off for Union business between the two (2)
employees, provided that a maximum of seventy (70) of these up to one hundred twenty (120)
hours off will be paid at the standard rate granted for any leave with pay. The City shall be
obliged to release one (1) employee but may allow additional employees to be released
simultaneously based upon departmental operational requirements. Business leave includes
attending labor conventions and educational conferences regarding collective bargaining,
provided that notice of such conventions or conferences shall be given at least one (1) week
prior thereto to the Chief, and provided further that the total leave for this bargaining unit for
the purpose set forth in this section shall not exceed one hundred twenty (120) hours in any
calendar year. Furthermore, partial shifts may be utilized by employees for departure or return
provided Department established minimum manning levels are maintained after the absence of
the person(s) to be released on Union Business Leave. Officers and members of the Union
designated by the Union may use Union business leave from any of the bargaining units that
IAFF 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
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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 Department, such leave shall be without pay.
ARTICLE 11 - COLLECTIVE BARGAINING PROCEDURE
11.1 General. All negotiable matters pertaining to wages, hours and working conditions shall
be established through the negotiation procedure as provided by RCW 41.56. No ordinances
existing at the time of execution of this Agreement relating to wage, hours and working
conditions for members of the bargaining unit shall be amended or repealed during the term of
this Agreement without written concurrence of both parties.
11.2 Each year, as appropriate, the Union shall submit to the City Manager and the City
Manager may submit to the Union a written proposal for any changes in matters pertaining to
wages, hours and working conditions desired by the Union or the City for the subsequent year.
These written proposals shall be submitted in accordance with the requirements of RCW 41.56,
as amended by S.B. 2852 (1979). The Union and the City shall follow the collective bargaining
procedure set forth in the said statute. All agreements reached shall be reduced to writing, which
shall be signed, by the City Manager and the Union's representatives.
11.3 Impasse Resolution.
(a) Mediation - In the event the Union and the City are unable to resolve any negotiable
matters relating to wages, hours, and working conditions for PERS employees, and
before any final City Council action by ordinance, resolution or otherwise, either
party may request mediation. Said request must be filed within seven (7) calendar
days from the declaration of impasse. Before mediation is requested, the unresolved
matter may be reduced to writing and reasonable notice given to the other party of
intentions to seek mediation. Mediation shall be conducted by the Washington State
Public Employment Relations Commission.
(b) Consideration by City Council - In the event the Union and the City are unable to
resolve any negotiable matters relating to wages, hours, and working conditions for
PERS employees, such unresolved matters may be submitted by either party hereto,
to the Yakima City Council for discussion and consideration by that body in an effort
to satisfactorily settle such unresolved matter prior to any final City Council action
by ordinance, resolution or otherwise. Such consideration by the Council shall be
made within fifteen (15) calendar days following a written request. The parties shall
have the right to be in attendance and be heard.
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11.4 If the Union and the City desires that there be mediation as provided above, in Section
11.3 (a), the Union or the City must request in writing to the other party that such mediation
procedure be complied with prior to the submittal of the matter to the City Council for
consideration.
ARTICLE 12 - PROMOTIONAL STANDARDS
12.1 Promotions shall be determined in accordance with the rules, and regulations governing
the Yakima Fire Civil Service Commission. All promotions within the bargaining unit shall be
made solely on merit, efficiency and fitness ascertained by open competitive examination among
bargaining unit personnel. Examinations shall fairly, objectively and comprehensively test for
qualifications for the position. 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 Upon being promoted from 911 Calltaker to Public Safety Dispatcher an employee that is
at steps A, B or C will be yromoted to Public Safety Dispatcher Step C. Those 911 Calltakers at
steps D, E, or F will be promoted to step E.
12.3 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.
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 increase by 2 %.
14.3 Effective 01 -01 -2016, the base wage of the bargaining unit will increase by 2.5 %.
14.4 Effective 01 -01 -2017, the base wage of the bargaining unit will increase by 2.5 %.
ARTICLE 15 - HEALTH CARE INSURANCE
15.1 Medical, Vision and Dental Care Coverage
Effective April 1, 1994 covered bargaining unit employees, retirees and their dependents shall
participate in the "City of Yakima Employees' Health and Welfare Benefit Plans ". Eligibility
rules, types and of levels of benefits, payment of premiums through a cafeteria plan, co- payment,
coinsurance and deductibility requirements and all other terms and conditions for the provision
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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 50% by the Employer and 50%
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 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 it members and said policy
generally provides a covered employee with up to fifty percent (50 %) of his/her base pay in the
event that the person incurs an off -duty injury, illness and /or disability and is unable to work. In
order to qualify for said benefits under the policy for a particular month, the employee can
receive a minimum of fifty percent (50 %) of his/her base pay from the City through the
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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 annual leave in a month and allow them to be in a
leave without pay status for up to fifty percent (50 %) of their scheduled hours for
the affected pay period.
(b) Base pay for the purpose of receiving Standard Insurance Company benefits shall
be the base pay per Master Ordinance plus the Deferred Compensation
contribution.
(c) It shall be the responsibility of the employee to inform the fire department
timekeeper on or before the date in which he or she starts the leave without pay
status. It shall be the responsibility of the employee to inform the fire department
timekeeper on or before the date which he or she ends the leave without pay
status.
(d) If the insured employee's scheduled hours spent for a pay period is anticipated to
be lower than the minimum number of hours required by the Washington State
Department of Retirements (DRS) for receipt of full service credit for that month,
then the employee may use a sufficient number of hours of his/her accrued leave
for that pay period to satisfy the minimum numbers required by DRS to receive
full service credit for that month.
(e) It shall be the employee'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 by not limited to the reconciliation of pay
and the 100% payout ceiling. Further, Local 469 agrees to indemnify, defend and
hold harmless the City of Yakima, it officers, elected officials, employees and
agents from any and all claims, demands, losses, liens, liabilities, penalties, fines,
lawsuits, and other proceedings and all judgments, awards. Costs and expenses
(including attorneys' fees and disbursements) caused by or occurring as a result of
any dispute between an employee represented by Local 469 and the disability
insurance carrier.
(f) Both Local 469 and the City have participated in the drafting of the language for
18.4 and as such, it is agreed by the parties that the general contract rule of law
that ambiguities in the contact language shall be construed against the drafter of a
contract shall have no application to any legal proceeding, arbitration and /or
action in which this section of the contract and its terms and conditions are being
2014 to 2017 Fire PERS & 911 Agreement Page 13 of 42
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, excluding Calltakers, for such period of continuous service, provided the individual
serves a minimum of eight (8) hours in such higher classification, having been so assigned by the
Fire Chief or his designee and provided further that the individual exercises the responsibility,
including operation and administrative duties as they apply. The City will pay acting assignment
pay of at least 5% above the normal base pay or the pay rate of the C -Step of the next higher pay
grade for a Calltaker currently in Step A, B or C; or D -Step of the next higher pay grade for a
Calltaker currently in Step D or E or F, whichever is greater, for an individual for such period of
continuous service, provided the individual serves a minimum of one -half (1 /2)shift as Public
Safety Dispatcher, having been so assigned by the Administration or their designee and provided
further that the individual exercises the duties as they apply.
18.2 Eligibility for Acting Assignments. In order for an employee to be eligible for
assignment to an acting position, that employee must be eligible for promotion to the position in
accordance with the promotional standards as set forth in the Fire Civil Service Commission
rules and regulations. 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) Generally, Acting Dispatcher training shall be offered first to the 911 Calltaker on the
2014 to 2017 Fire PERS & 911 Agreement Page 14 of 42
top of the current promotional register.
(b) Acting Dispatcher opportunities shall normally occur when able to do so with the
existing shift strength at the time of the vacancy. In the event that personnel
vacancies create hiring situations, hiring shall be for the classification creating the
original vacancy in accordance with Article 27.6 of this agreement.
(c) Acting Out of Grade: Occasionally, depending on shift strength at the time of a
Calltaker vacancy, a Dispatcher or Supervisor may be assigned to act down as a
Calltaker. Such assignments are at the employee's normal rate of pay 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
personal vacancies create hiring situations, hiring shall be for the
classification creating the original vacancy in accordance with Article 27.6
of this agreement.
18.4 Call Back.
(a) An employee who is called back to duty after his scheduled shift has terminated, but
before the scheduled start of his next shift, shall 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 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 Res6urces to qualify. The Communications Manager may waive this testing requirement
2014 to 2017 Fire PERS & 911 Agreement Page 15 of 42
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.
18.9 Tool Allowance For Electronic Technicians and Maintenance Mechanic. The employer
will pay up to one percent (1 %) of an employee's base salary for tool replacement allowance
subject to prior approval on an item -by -item basis by the Employer. The purpose of this tool
allowance is to provide for replacement of broken and/or stolen tools subject to the Employer's
approval.
18.10 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). 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.
ARTICLE 19 - VACATION LEAVE
19.1 Each bargaining unit member shall earn vacation leave for years of service at the
following rates:
(a) Employees with one (1) full year of service shall earn eighty (80) hours, forty (40)
hours of which may be taken after six (6) months service;
(b) Employees with two (2) full years of service shall earn ninety six (96) hours;
(c) Employees with five (5) full years of service shall earn one hundred twenty (120)
hours;
(d) Employees with ten (10) full years of service shall earn one hundred fifty two (152)
hours;
(e) Employees with more than fifteen (15) full years of service shall earn one hundred
seventy six (176) hours;
(f) Employees with more than twenty (20) full years of service shall earn one hundred
ninety two (192) hours.
19.2 Bargaining unit members may accumulate vacation leave time in an amount equal to the
vacation time the employee 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
2014 to 2017 Fire PERS & 911 Agreement Page 16 of 42
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 (2 sets of 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.
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 3rd Monday in January
Washington's Birthday 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4th
Labor Day 1st Monday in September
Veteran's Day November 1 lth
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Thanksgiving Day 4th Thursday in November
The Day After Thanksgiving 4th Friday in November
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.
ARTICLE 21- SICK LEAVE ACCRUAL/EXCHANGE
21.1 Effective 11 -1 -2010 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
(a) For permanent part-time employees, sick leave shall be prorated to the percentage of a
full -time position budgeted for that person.
(b) No additional sick leave will be accrued during the employee's first year of
employment.
(c) 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 (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.
2014 to 2017 Fire PERS & 911 Agreement Page 18 of 42
(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 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 ten (10) 40 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.
2014 to.2017 Fire PERS & 911 Agreement Page 19 of 42
21.4 Employees who become ill or injured while on approved earned leave (vacation, holiday,
or comp time) may utilize sick leave for the period of illness or injury; provided the employee
immediately upon becoming incapacitated notifies the division supervisor and presents to
management upon returning to work, a certificate from a health care provider, stating the nature
and duration of the incapacity.
21.5 Compassionate Leave. Compassionate Leave' is an authorized use of sick leave for the
death of a member of the employee's or employee spouse's immediate family. Immediate family
is defined as any husband, wife, parent, grandparent, child, grandchild, brother or sister. Such
leave time shall normally be limited to three (3) working days.
ARTICLE 22 - SICK LEAVE POOL
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 that month.
Records of all transactions from the leave pool to the recipient will be maintained by the Payroll
Office. If specific medical information is submitted it will be maintained in the employees'
medical file in the Human Resources Office.
ARTICLE 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
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 thirty (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 thirty (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
2014 to 2017 Fire PERS & 911 Agreement Page 20 of 42
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 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 this Article. Verification of attendance shall be on a form
prescribed by Administration and shall include a statement of hours of attendance signed by
Administration.
25.4 Training Time - For bargaining unit members, training time required by the
Administration shall be considered as time worked for compensation purposes. Optional training
and efforts expended in preparation for promotional exams, etc., shall not be covered by this
clause.
ARTICLE 26 - PUBLIC SAFETY COMMUNICTIONS OPERATIONS
26.1 Work schedules are those hours normally assigned. Work schedule assignments shall
normally be made prior to the start of the calendar year.
26.2 Work schedule assignments shall normally be by seniority within the classification.
Beginning with the most senior employees, they will indicate which current work schedule
assignment they prefer. Remaining schedule slots shall be filled by assignment of employees
with the least seniority, excluding probationary employees. Management mandated
assignments or re- assignments may become necessary as dictated by training, staffing and
special project concerns. Special project concern reassignments shall be for the duration of the
special project.
2014 to 2017 Fire PERS & 911 Agreement Page 21 of 42
ARTICLE 27 - HOURS OF WORK AND OVERTIME
27.1 The Employer has the right to schedule bargaining unit members to work eight (8) hour,
ten (10) hour or twelve (12) hour work shifts within a twenty -four (24) hour period. The
Employer has the right to schedule certain employees to work eight (8) hour, ten (10) hour or
twelve (12) hour work shifts. Work schedules designed by the Employer will be consistent with
the provisions of FLSA. 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
grounds) and available for immediate call back to duty. On occasion, but not regularly, at the
discretion of the Public Safety Supervisor or Division Management, 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
2014 to 2017 Fire PERS & 911 Agreement Page 22 of 42
classification as that which creates the vacancy; provided the employee can be contacted in a
timely manner and does not result in any additional vacancies or overtime.
ARTICLE 28 -- TOBACCO USE ON DUTY
28.1 The Union and the City recognize that health problems are caused by smoking and
therefore agree to the elimination of the use of all tobacco products by all members of the Fire
Department in this bargaining unit from all administrative offices, buildings or facilities of the
Fire Department. Violations of these provisions shall constitute a basis for disciplinary action to
be handled in accordance with normal disciplinary procedures.
2014 to 2017 Fire PERS & 911 Agreement Page 23 of 42
ARTICLE 29 - DRUG TESTING POLICY
29.1 See Appendix B
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 Fire Chief and the Union. At no time shall the scheduled
aerobics /physical fitness time cause a hiring situation to happen in order to allow anyone to
participate. Relief of on -duty personnel shall only happen when work schedules and 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 Fire Chief and the
physical fitness committee. As part of this program, the participants are encourages to be active
participants in the City's wellness program in order to have a total wellness /fitness program.
30.1 Employees in this bargaining unit 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 Chief of the Department. A copy of which will be sent to the employee.
30.2 If the Administration has a concern about an employee's physical and /or mental fitness
for duty, the Employer has the right to require said employee to be examined by a qualified
medical expert designated by the Employer at the Employer's expense. The qualified medical
expert will issue a statement to the Chiefs regarding the employee's fitness for duty with a copy
to the employee.
ARTICLE 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 3% 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
2014 to 2017 Fire PERS & 911 Agreement Page 24 of 42
ARTICLE 33 - PROPERTY LIABILITY
33.1 The City shall provide full physical damage insurance on City vehicles which shall include
Fire Department employees as insureds, or the City shall, in the alternative, become self - insured
for such physical damage.; In either case, the City waives any claim it may have against any Fire
Department employee for damage to City property while that employee is acting within the
scope of his employment except in the instance of intentional misconduct, but the City retains
its right to discipline any employee for just cause.
ARTICLE 34 - MUNICIPAL CODE SECTIONS
PERTAINING TO 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
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
2.22.80 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
2014 to 2017 Fire PERS & 911 Agreement Page 25 of 42
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
2.44.60 Ethical Practices and Conduct
In cases of conflict between the Municipal Code and this Agreement, the latter shall control.
Nothing herein shall alter the parties' rights and obligations to bargain collectively concerning
proposed changes in the ! Municipal Code that affect wages, hours or working conditions of
bargaining unit employees.
ARTICLE 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 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
2014 to 2017 Fire PERS & 911 Agreement Page 26 of 42
(
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 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 vote of the
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, 2014
through the 31st day of December, 2017, provided, however, that this agreement shall be subject
to such periodic changes as may be voluntarily and mutually agreed upon by the parties hereto
during the term thereof
2014 to 2017 Fire PERS & 911 Agreement Page 27 of 42
EXECUTION
Executed by the parties hereto this 18th day of February, 2014.
Recommended by:
LOCAL 469, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS,AFLCIO:
/
By: 4 1 - - .- By: Q��■
a er y odriguez Nic Sloan
President, Local 469 Vice President, Local 469
IAFF IAFF
By: (4-4
Michael Wagner
Secretary - Treasurer, Local 469
IAFF
CITY OF AKIMA: op
, , ,
By: I B : i J irm;,/
y y r
� FS "N e :,`'� t • . r --
City iti
:Wing ing Fire Chief
ATTEST:
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t\S .- „..-",o,.. .s;
By 0 _ ti _ ? '
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'Sony, laar -Tee a i Z "* . \ ,'�/ .� i
City erk / ; ^ p -
al City Contract No.: z/ y— 03 9
Council Resolution No.: ,Cp wig -6 .3 `_
2014 to 2017 Fire PERS & 911 Agreement Page 28 of 42
Appendix A
YAKIMA TIRE DEPARTMENT DISCIPLINARY POLICY
PURPOSE:
To increase professionalism, improve morale, improve manager /employee relations, foster
long -term positive change, and deter future performance deficiencies.
The City of Yakima Fire Department and Yakima Public Safety Communications Center hereby
adopts the following disciplinary guidelines, relating to the administration a process of
corrective disciplinary actions.
This policy is in addition to any applicable policies, SOPs, and guidelines regarding disciplinary
action applicable to bargaining unit members, including the Fire Civil Service Rules and
Regulations.
PROCEDURE:
A. Progressive Discipline
The process of progressive discipline is intended to assist the employee in overcoming
performance problems and to meet job expectations. Progressive discipline is most successful
when it assists an individual in becoming an effective and productive member of the
organization.
Failing that, progressive discipline enables the organization to address misconduct or sub-
standard performance of employees who demonstrate an unwillingness or inability to improve.
Generally, there are four main types of corrective disciplinary action; oral reprimand, written
reprimand, suspension, and discharge. Demotions, deductions of pay within the pay range, and
other forms of discipline may also be used depending on the circumstances. The four main types
of corrective discipline are defined as follows:
1. Oral Reprimand - Any instance in which an employee is issued an oral reprimand for an
infraction or performance deficiency by any supervisor.
An oral reprimand shall include all of the following:
• A meeting with the employee and his/her immediate supervisor.
• The employee informed that this is an oral reprimand
• Oral reprimands will be 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
Assistant Communications Manager and a copy is to be provided to the employee.
Memo is not placed in employee's personnel file.
2014 to 2017 Fire PERS & 911 Agreement 5 Page 29 of 42
2. Written Reprimand - Any instance in which an employee is formally issued a written
reprimand document for an infraction or performance deficiency by any supervisor.
Written reprimand shall include all of the following:
• A meeting with employee 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.
If subsequent to a satisfactory investigation, suspension of an employee is the contemplated
level of discipline the process shall include all of the following:
• Provide the employee with a pre - disciplinary letter that schedules the "Loudermill"
meeting with the employee.
• The pre - disciplinary letter shall inform the employee of the alleged policy, SOP or
guideline violation, including time and date. Also include any previous related
discipline, violations and the anticipated level of discipline
• A discipline letter will be issued informing the employee of the length of the
suspension, containing an action plan designed to correct the behavior. The letter will
also contain action necessary to avoid further discipline and detail the employee's
return to work
• The original disciplinary letter will be provided to the employee and a copy of the
pre- disciplinary and disciplinary letters will be maintained in the employee's
personnel file.
4. Discharge - Any instance in which an employee is involuntarily terminated from City
service.
If subsequent to a thorough investigation, discharge of an employee is the contemplated level
of discipline the process shall include all of the following:
• Provide the employee with a pre - disciplinary letter that schedules the "Loudermill"
meeting with the employee.
• The pre - disciplinary letter shall inform the employee of the alleged policy, SOP or
guideline violation, including time and date. Include previous related discipline and
violations and anticipated level of discipline.
• A discipline letter will be issued that informs the employee of the effective date of the
discharge and appeal process.
• The employee will be given the original disciplinary letter and a written copy of the
pre - disciplinary and disciplinary letters will be maintained in the employee's
personnel file.
2014 to 2017 Fire PERS & 911 Agreement Page 30 of 42
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. Failure to file such written request within the
time specified shall be deemed a waiver of any right of review.
C. Definitions of levels of infraction:
Minor Infraction — Any violation that does not compromise safety, efficiency, or the ability to
properly respond to or process an emergency call. Violations of this type may rise to the level
of an oral or written reprimand. Multiple violations may rise to the level of termination.
Examples but not limited to:
• Tardiness
• Inefficiency or inattention to duties
• Failure to maintain satisfactory and harmonious working relationships
(depending on the extent, this may be considered a more serious infraction).
More Serious Infraction — Any violation that compromises the integrity of the department or
the City or which the consequences cause only minor disruption of work. Violations of this type
may rise to the level of a reduction in pay, suspension or demotion. Multiple violations may rise
to the level of termination.
Examples but not limited to:
• Careless, negligent or improper use of City property
• Releasing confidential information without proper authority
• Unauthorized absence or improper use of any type of leave
• Public defamation of character or the organization
Intolerable Infraction - Any action that endangers the safety, health, or well -being of another
2014 to 2017 Fire PERS & 911 Agreement Page 31 of 42
person. The act is of sufficient magnitude that the consequences cause disruption of work or
gross discredit to the Department or City of Yakima. Violations of this type may rise to the
level of immediate termination.
Examples but not limited to:
• Fighting with the intent to do bodily harm
• Insubordination, open and willfully defying of an order
• Consumption or distribution of alcohol or illegal drugs on duty
• Falsification, fraud, or willful omission of information related to the job
• Endangering of coworkers and /or civilians due to reckless behavior
• Pattern of performance deficiencies
D. Probationary Employees
These guidelines are designed to promote corrective discipline and do not apply to probationary
employees.
E. Training
In order to assist supervisors in enforcing this policy and applying discipline uniformly, labor
and management will cooperatively present training to all supervisors.
2014 to 2017 Fire PERS & 911 Agreement Page 32 of 42
APPENDIX B
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, 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 except the following:
Secretary I'
Secretary II
Electronics Supervisor
Electronics Tech I
Electronics Tech II
Maintenance Mechanic
B. Definitions
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,
2014 to 2017 Fire PERS & 911 Agreement Page 33 of 42
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 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
2014 to 2017 Fire PERS & 911 Agreement Page 34 of 42
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:
• 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 ".
152 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.
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.
2014 to 2017 Fire PERS & 911 Agreement Page 35 of 42
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.
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 (rounded down to the nearest whole 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
2014 to 2017 Fire PERS & 911 Agreement Page 36 of 42
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.
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
• 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
2014 to 2017 Fire PERS & 911 Agreement Page 37 of 42
• 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 leave 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. 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.
2014 to 2017 Fire PERS & 911 Agreement Page 38 of 42
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 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.
3. 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.
4. 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.
5. 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 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,
2014 to 2017 Fire PERS & 911 Agreement Page 39 of 42
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 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
2014 to 2017 Fire PERS & 911 Agreement Page 40 of 42
Confirmation test [con't.] Cutoff levels (ng /ml) [con't.]
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 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.
O. Savings Clause
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
2014 to 2017 Fire PERS & 911 Agreement Page 41 of 42
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.
2014 to 2017 Fire PERS & 911 Agreement Page 42 of 42
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. I L I
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, Fire Department Employees & 911
Calltakers units.
SUBMITTED BY: Tony O'Rourke, City Manager
Cheryl Ann Mattia, HR Manager
SUMMARY EXPLANATION:
The attached resolution authorizes a four year Collective Bargaining Agreement with the IAFF,
Local #469 for the Fire Department Employees & 911 Calltakers 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
0 Resolution for 911 Calltakers 1/22/2014 Resolution
CBA for Fire Department Employees and 911 1/23/2014 Contract
Calltakers