HomeMy WebLinkAbout06/16/2015 13 MOU with IAFF (469) re: Multiple Revisions to Current Collective Bargaining AgreementBUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 13.
For Meeting of: June 16, 2015
ITEM TITLE: Resolution authorizing a Memorandum of Understanding with the
International Association of Firefighters IAFF ("Union") to reflect
revisions reached following negotiation of specific contract terms
SUBMITTED BY: Tony O'Rourke, City Manager
SUMMARY EXPLANATION:
In January 2015, the City of Union Gap contracted with the City of Yakima for firefighting
responsibilities necessitating revisions to the current Collective Bargaining Agreement. Contract revisions
are required to respond to the addition of the Union Gap firefighters, fire department reserves, special
pays, vacation leave, Kelly days and LEOFF employee holidays. See attached memorandum for additional
information.
Resolution: X Ordinance:
Other (Specify):
Contract: X Contract Term:
Start Date: End Date:
Item Budgeted: Amount:
Funding Source/Fiscal Impact:
Strategic Priority: Public Safety
Insurance Required? No
Mail to:
Phone:
APPROVED FOR
SUBMITTAL:
RECOMMENDATION:
City Manager
Staff and IAFF request Council approve this Memorandum of Understanding
ATTACHMENTS:
Description
CI Resolution
CI Memo
El MOU
Upload Date
6/11/2015
6/10/2015
6/10/2015
Type
Cover Memo
Cover Memo
Cover Memo
A RESOLUTION
RESOLUTION NO. R -2015 -
authorizing the City Manager to execute a Memorandum of Understanding
between the City of Yakima and International Association of Firefighters
IAFF Local 469 ("Union") to reflect revisions reached following negotiation
of specific contract terms.
WHEREAS, in January of this year, the City of Union Gap contracted with the City of
Yakima for firefighting responsibilities necessitating revisions to the current CBA contract; and
WHEREAS, revisions required to respond to the addition of the Union Gap firefighters
affect fire department reserves, special pays, vacation leave, Kelly days and LEOFF employee
holidays; and
WHEREAS, the City Council has determined that it is in the best interest of the City of
Yakima to agree to the revised terms and conditions of the attached Memorandum of
Understanding between the City of Yakima and the Union. Now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager of the City of Yakima is hereby authorized and directed to execute the
attached Memorandum of Understanding between the City of Yakima and the Union revising
terms concerning fire department reserves, special pays, vacation leave, Kelly days and LEOFF
employee holidays.
ADOPTED BY THE CITY COUNCIL this 16th day of June, 2015.
ATTEST:
Micah Cawley, Mayor
City Clerk
MEMORANDUM
To: Honorable Mayor and Members of the Yakima City Council
From: Tony O'Rourke, City Manager
Date: May 28, 2015
RE: International Association of Firefighters 2014-2017 Collective Bargaining
Agreement Memorandum of Understanding
In January of this year, the City of Union Gap contracted with the City of Yakima for
firefighting responsibilities and therefore, language in the current CBA needs to be
modified. Highlighted below are the substantive changes in the MOU.
Article 16 — Fire Department Reserves
Since Yakima is providing fire service for Union Gap, subsection 16.9 — mutual aid
response — was eliminated. Further, the revised article clearly defines the two types of
reserve firefighters and the training requirements for each.
Article 21 — Special Pays
With the addition of Union Gap the number of technical rescue firefighters needed to be
increased from twelve (12) to fifteen (15).
Article 22 — Vacation Leave and Kelley Days
Subsection 22.5 allowed five positions off per shift. With the additional staff at Union
Gap, and covering an extra station, the Union and management agreed to allow six (6)
positions off per shift. To achieve this new sixth position off standard, three additional
firefighters will have to be hired in 2016 to reduce the overtime cost. In the absence of
a sixth position off, firefighters cannot utilize their accrued sick leave, Kelley days or
vacation time. Consequently, we are experiencing a lot of overtime to accommodate
their time off in order to maintain minimum staff levels. If a 23 person roster is
maintained, then the City and Union agree to allow a seventh (7th) position off per shift.
Subsection 22.6 was changed to allow vacation sell back of 45%. Members are
required to use 55% of their accrued hours before they can sell back their unused
hours. In the previous agreement IAFF employees were allowed to sell back 35%
provided they used 65% of their accrued hours.
Subsection 22.8 now requires Shift Commanders to submit an annual schedule of
Kelley days no later than December 31 for the following year.
Article 23 — LEOFF Employee Holidays
Subsection 23.2 allows IAFF members to be compensated for unused holiday time up
to a maximum of 120 hours per employee per year. The Agreement Council approved
on November 5 allowed employees to be compensated for a maximum of 96 hours per
calendar year.
The IAFF vote is underway and the City expects to have the outcome on Friday, May
29tH The City anticipates the Union will approve the proposed changes and will share
the results with the Council prior to its Tuesday meeting.
On behalf of the City, I would like to thank the IAFF Board members for their
professional conduct during these negotiations.
The following Memorandum of Understanding of the parties is reached on items not
set forth in the 2014-2017 collective bargaining agreement. Those items are set forth
below.
1 Except as provided in paragraph 3 below, the Shift Commander position will
be lined through promotional testing as outlined in the Fire Department
Employees Civil Service Rules.
2, Promotional assessment will occur as soon as possible to fill the Shift
Commander position. The parties agree that two (2) of the positions will be
filled effective January 1, 2014. A third position will be filled July 1, 2014 or
before if the temporary Battalion Chief position is vacated prior to July 1,
2014. The promotional list shall be certified by the end of December 16, 2013.
3 The first Shift Commander vacancy will be filled by appointment, outside
the exam process, of current Battalion Chief Mitch Cole. The other two
positions will be filled from the Shift Commander exam list.
4. For the 2013 Shift Commander exam, candidates must have completed the
current Battalion Chiefs task book. If fewer than 4 candidates apply for the
position of Shift Commander for the 2013 exam, all Captains that have
completed probation will also be made eligible.
5. The Shift Commander will have the following duties included, but not limited
to, primary incident commander responding in a YFD command vehicle,
oversight and supervision of daily operations, scheduling of shift personnel and
daily rosters, review of incident reports, mentoring and performance
evaluations of company officers. These duties will be placed in the job
description,
6. Pay for the Shift Commander position shall' be established at a minimum of
13.0% above the hourly rate of Shift Captain beginning January 1s1 2014,
Shift Commander steps "A"- "E" will be included in the Master Pay
Ordinance.
7. Shift commanders shall submit an annual schedule of Kelly days no later than
December 31 for the following year in accordance with Article 22.5. Days will
be entered into the TAMS calendar. Each Shift Commander shall have no more
than one (1) Kelly Day per Kelly Day period, Kelly Days within a period
cannot be changed once the period begins. Shift Commander Kelly Days
Earned leave days shall not count as one of the six (6), time off slots per shift
per Section 22.5(a).
Budgets and inventory for PPE, equipment and clothing previously
administered by the Battalion Chiefs will he transferred to the Logistics
Captain. These duties will be place in job description to be developed.
9. Effective 1-1-2014 the City will fill, through promotion, three (3)
additional Shift Lieutenants to remain filled through December 31, 2017
bringing the total number of shift Lieutenants to 15.
10, Effective 1-1-2014, the Training Lieutenant position will be filled through
December 31, 2017.
11. The Public Education Captain and Training Captain positions will remain filled
through 12-31-2017.
12. Effective 1-1-2014, the City will hire three (3) additional Firefighters and
maintain a minimum of 78 shift personnel through December 31, 2017. The
three (3) additional Firefighters are broken out as follows:
a. Two (2) firefighters as newly budgeted positions.
b. One (1) firefighter to fill vacated firefighter position for Training
Lieutenant assignment,
13. The Fire Department overtime budget will be increased by a minimum of
$250,000.00. This increase will make the total minimum annual Fire
Department overtime budget $478,000.00 in each of the years of this
Agreement through December 31, 2017.
14, Effective 1-1-2014, the YFD training budget will be increased by $75,000.00.
This $75,000.00 increase will be maintained each year through the year 2017.
15, The West Valley Automatic Aid Agreement as approved by Council in May
2013 will be implemented and in affect through December 30, 2017, Current
contract language will control automatic aid.
16. If there is a dispute over the terms of this MOU, the parties agree to arbitrate
the dispute and adopt by reference only the grievance and arbitratit
provisions of the 2014 collective bargaining agreement as set forth in the
2014-2017 LEOFF Collective Bargaining Agreement between Local 469
International Association of Firefighters, AFL -C10 and the City of Yakima.
All above items (#1-16) were part of a Memorandum of Understanding between Local 469 and
the City of Yakima, executed on December 11, 20,13 and recorded as City Contract No. 2013-
235. The items listed below represent new changes to the 2014-2017 Collective Bargaining
Agreement. If the Fire Services Agreement with Union Gap is terminated or not renewed, then
language for these items will revert back to the verbiage contained in the original 2014-2017
CBA, adopted under Resolution Number R-2013-144 on November 5, 2013,
17. As a result of the merger with Union Gap, additiona firefightersshall be
added as follows for the term of the Union Gap fire service contract. Effective
1-1-2015, (1) Captain (2) Lieutenants and (6) Firefighters shall be added to
staff station 96. Effective 1-1-2016, (3) additional firefighters shall be added
to maintain a minimum of 90 shift personnel for the term of the Union Gap
fire service contract.
18. The following amended articles supersede those listed in the 2014-2017
LEOFF Collective Bargaining Agreement for the remainder of the term.
Contingent on the renewal of the Union Gap fire service agreement, the
amended articles will be incorporated in the LEOFF Collective Bargaining
Agreement:
ARTICLE I 6- FIRE DEPARTMENT RESERVES
16.1 The reservists are volunteers who are reimbursed pursuant to
Section 1.44.180 (F) of the City of Yakima Municipal Code.
16.2 The purpose of the reserves is to augment and support
total manpower, not replace bargaining unit personnel.
16.3 Makeup of the Reserves. Reservists will be of two (2) types:
(a) Non -Combat Reserves. This group provides assistance to the
suppression force through incident scene firefighter rehab,
breathing air resources and other supporting functions. They
also conduct public education, public service and other
associated activities. This group will not have the training
qualifications or equipment to operate within the Plot Zone.
(b) Combat Reserves. Through initial and ongoing training
standards, this group will be qualified and equipped to
work within the Hot Zone in order to conduct firefighting,
incident mitigation and supporting activities. This group
may also conduct those supporting functions associated
with Non-C:ombat Reserves as appropriate. Applicants for
the Combat Reserve group must meet the following
minimum requirements:
(1) Must complete an application for Volunteer Reserve
Firefighter Program;
(2) Must be a high school graduate or equivalent;
(3) Must be 18 years of age at time of appointment;
(4) Must pass a written exam in basic knowledge, or have
passed the latest Yakima Fire Department Civil Service
Entrance Exam;
(5) Must pass the Yakima Fire Department Physical Agility
Examination (Combat Test w/o face piece in under 7
minutes);
(6) Must pass an extensive physical examination by a
physician selected by the City of Yakima;
(7) Must possess and maintain a valid Washington State
Driver's License;
(8) Must successfully pass an extensive background check
reviewed by Staff and Chief of the Department;
(9) Must pass an oral interview.
(c) Standards.
Once a Reserve candidate has satisfactorily satisfied the
minimum requirements for entry level then he/she must
accomplish the following before being assigned to respond
on any piece of apparatus:
(I) Must successfully complete the existing basic training
academy for Combat Reserves (a minimum of 40
hours).
(2) Must complete Basic First Aid class.
(3) Must satisfactorily complete a basic competency test
consisting or
(A) Demonstrate donning and wearing of protec ive
clothing.
(B) Demonstrate proper technique of taking a
hydrant.
(C) Don and place into service a SCBA.
(D) Shoulder load a I 3/4- preconnect and
demonstrate proper operation with water
flowing.
(E) Demonstrate a basic knowledge of
equipment location on assigned apparatus.
(d) Once a Combat Reserve has successfully completed the basic
training academy and satisfied the competency test, they will
be authorized to participate in emergency and non -emergency
responses. During the following twelve (12) months, the
Combat Reserve shall:
(I) Train to the IFSAC Firefighter I Standard.
(2) Complete driver training course and apparatus
competency testing program as established for
Engines, I3nish Trucks, Tenders, and other
Support Vehicles.
(3) Successfully complete the E.V.I.P. course.
(4) Combat Reserves shall undergo quarterly
evaluations administered by a designated reserve
program manager, and in coordination with the
Training Division.
(e) At the completion of the first year, a performance evaluation
will be conducted, with a satisfactory rating required. During
the second twelve (12) month period, Combat Reserves
shall:
(1) Train to the IFSAC Firefighter II Standard.
(f) Reserves shall meet the following applicable standards:
(1) Participate in weekly drills and maintain an overall
drill attendance of at least 50% per quarter.
(Combat and Non -Combat)
(2) Participate in annual physical fitness testing
consistent with the program utilized by the career
staff (Cornbat)
(3) Participate in a minimum of two (2) ride -outs per
month. Ride -outs shall be scheduled the previous
month with the exception of extenuating
circumstances. (Combat)
(5) Maintain E.V.1.P. certification, (Combat and Non -
Combat)
(6) Maintain Basic First Aid card (or a higher level
of EMS training). (Combat)
(7) Maintain an annual performance evaluation
with an overall rating of "Meets Expectations"
or greater. (Combat and Non -Combat)
(8) Combat Reserves shall be assigned to the designated
reserve station.
16.4 Organization of the Reserves.
(a) Reserves may be actively involved in the neighborhood.
They may teach first aid, conduct fire safety talks and
participate in other community activities.
(b) Reserves shall have a distinctive uniform to enable
identification in all circumstances.
(c) Reserves shall observe normal station operating routines.
16.5 Chain of Command.
(a) During fire department operations, reserve fire fighters report to
career officers or career acting officers.
(b) The Reserves would be used before calling the districts for
lhelp.
16.6 Training Requirements
(a) Career firefighting personnel will be used to train reserves
(b) Shift career personnel assigned to training reserves shall have
reasonable notice of scheduled training.
(c) Regularly scheduled training sessions shall be scheduled in
advance through the training division, Training outside regular
hours shall be limited to one evening a month for each crew
between 7 PM and 9 PM. Crews scheduled to assist with
training that evening will be allowed to break their normal
duty day at 1430 hours to allow for meals, prep time and rest,
prior to the evening drill.
(d) Training resources shall include 1FSTA publications and other
curriculum utilized by career staff.
(e) All new reserve recruits shall complete a minimum of 40 hours
of basic training and pass a competency test before being
allowed to respond to emergency incidents.
16.7 Enforcement of this article is limited to the Union acting on
behalf of bargaining unit employees, and not on behalf of
Reserves.
16.8 Reserve Response. Reserves would respond to alarms in three
scenarios:
(a) During ride -outs as the 4th person on a career apparatus.
(b) Upon page -out for a working incident reserves will be
assigned to career crew as a 4th person.
(c) In a non -combat capacity on air support or rehab units.
16.9 Preference Points
Any YFD Combat Reserve in good standing that meets all of
the department standards for Reserves will be given a one
percent preference point for each of their first three years,
with a maximum preference of 3%. That 3% will be added
to the applicant's score after successful completion of the
written and strength and agility portion of the test. If the
Reserve member obtains a Fire Science Degree while a member
of the YFD Combat Reserve Program, and passed a 1 -year
probation and is in good standing, that person would be eligible
to receive an additional 2% added to the applicant's final
composite score.
16.10 The Union and the City have formed a committee to study
the Fire Department Reserve program. Changes mutually
agreed upon shall replace or amend the current contract
language. Pending such action, Article 16 shall remain
unchanged and in full effect.
ARTICLE 2I -SPECIAL PAYS
21.9 Technical Rescue. Members of the technical rescue team shall
receive differential pay of two percent (2%) of the top step
firefighter per rnonth.
a) The City will allow up to fifteen (15) Local 469 LEOFF
members of any rank to participate in the YFD Technical Rescue
Team, subject to the Chiefs right to appoint.
b) In the event that there are any changes in the specific Technical
Rescue Team duties and / or scope of responsibilities of the
aforementioned fifteen (15) IAFF Local 469 members after
execution of this agreement, the City and the Union shall conduct
any legally required negotiations on the effects of the change(s).
c) City business will be granted to those members taking Rescue
System 1 initial training. Off-duty personnel will be compensated
at the overtime rate pursuant to the existing IAFF 469 CBA.
d) Participating Union members will complete an annual required
20 hours of field training exercises, generally through attendance
at the monthly drills. Those Union members are not required to
meet the 20 hours on their own time without compensation. If the
Union member is required to attend training on their day off, said
member shall be compensated at one and one -half their
scheduled rate of pay, in accordance with FLSA, up to a
maximum of 20 hours of overtime per calendar year.
c) A Deputy Chief shall be in charge of the YFD Technical Rescue
Team activities at the Administrative level. A team member in
good standing shall be in charge (Team Leader) of the YFD
Technical Rescue Team activities at the team level.
0 Rank amongst Union members performing Technical Rescue
work shall not be recognized while functioning as part of the
Technical Rescue Team. All union members participating in t!''s
tcam shall perform on an equal level all work they arc assigned
by the Incident Commander.
g) In the event that any union member, with prior written approval,
attends training related to his duties as a Technical Rescue Team
member off duty, it shall be known that said member shall be
attending an employee of the City,
ARTICLE 22 -VACATION LEAVE & KELLY DAYS
22.5 Scheduling of vacation, Kelly days, and days off in lieu of holidays
for LEOFF employees.
(a) The city shall allow six (6) positions per shift for shift
employees from the bargaining unit to be released from duty at
any one time for scheduling of vacation, Kelly days, or holidays
for the balance of the year 2015, and thereafter subject to
subsections (b), (c) and (d)
--
(b) A seventhth ( ) position off shall be allowed contingent upon
maintaining a 23 -member roster for that shift The seventh (7th)
position shall not be secured prior to 0800 hours the morning of
hs.
the shift. A seventh (7i) position standby will be available for
sign up ten (10) days (240 hours) prior to the time requested.
(c) Subsections (a) and (b) will revert back to the respective 5 and
6 positions off if one of the follow occurs:
a. The Fire Services Agreement between Yakima and
Union Gap is terminated or not renewed; or
b. There is a reduction in the Suppression force of 6 or
more positions whether through layoff or attrition
(d) Any request for partial shifts of less than 10 hours shall only
be granted under thc following:
The request must be made to and approved by the Sh:r,
Commander no less than 24 hours prior to the time
requested.
22.6 For LEOFF classifications, any vacation accumulated over the
stated limits shall be paid at one hundred (100%) of base wage as
of December 31 of each year; provided, however, at least fifty-five
percent (55%) of the annual accrual rate for vacation must have
been used during the year in order to qualify for the payment;
provided however, if the employer cancels an employees scheduled
vacation and this canceling results in vacation accumulation over
the stated limits as of December 31 of any particular year then the
employer will pay for said vacation at the normal hourly rate.
Payment for any vacation aceturnulated over the stated limits is
subject to the employers' inability to reschedule the vacation time
off. Neither party shall unreasonably withhold approval of
rescheduling of vacation previously canceled.
22,8 Shift Commander shall submit an annual schedule Kelley days no
later than December 31 for the following ycar. Days will' be
entered into the TAMS calendar. Each shift commander shall
have no more than one (1) Kelly day per Kelly period, Kelly days
within a period cannot be changed once the period begins. Shift
commander Kelly days and earned leave days shall not count as
one of the six (6) time off slots as stated in article 22.5 (a).
ARTICLE 23- LEOFF EMPLOYEE HOLIDAYS
23.2 Holiday time must be used in the calendar year in which it was
credited and may not carry over into successive calendar years.
Unused holiday time will be paid at one hundred percent (100%) of
the base wage as of December 31 of each year up to a maximum of
one hundred twenty (120) hours per employee.
Executed by the parties hereto this day of , 2015.
Loca 11469, International Association of Firefighters, AFL-CIO
By:
Jere q d1guez
Pre ent, Local 469
By:
Ryan
Secreta
IAFF
-Treasurer, Local 469
CITY OF YAKI A
By:
Tony O'Rourke
City ManLe
By:
Bob Sw
Fire Chia
City Contract No:
Resolution No: