HomeMy WebLinkAboutR-2022-084 Resolution authorizing a collective bargaining agreement for 2022-2025 with the International Association of Firefighters (IAFF) Local 469 representing the PERS bargaining unitRESOLUTION NO. R-2022-084
A RESOLUTION authorizing a collective bargaining agreement for 2022-2025with the
International Association of Firefighters (IAFF) Local 469 representing the
PERS bargaining unit.
WHEREAS, pursuant to requirements of state law, labor negotiations have occurred
between the City and Municipal Employees represented by the IAFF Local 469 resulting in the
attached proposed collective bargaining agreement for 2022 through 2025; and
WHEREAS, the IAFF PERS members have voted in favor of the attached proposed
collective bargaining agreement; and,
WHEREAS, the City Council has determined that it is in the best interest of the City of
Yakima to settle collective bargaining in accordance with the terms and conditions of the attached
collective bargaining agreement, 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 and incorporated Collective Bargaining Agreement between the City of Yakima and IAFF
PERS employees. The City Manager is also hereby authorized to and, without a further resolution,
execute amendments to the collective bargaining agreement which may be necessary or
appropriate to clarify its terms and conditions, maintain compliance the law, and/or make other
minor adjustments.
ADOPTED BY THE CITY COUNCIL this 19th day of July, 2022.
ATTEST:
Sdnya Cla r ee, City Clerk
it Di,
(22A
Ja Deccio, Mayor
IAFF PERS
2022-2025
TABLE OF CONTENTS
ARTICLE 1 - UNION RECOGNITION AND BARGAINING
ARTICLE 2 - UNION EDUCATION .1
ARTICLE 3 - PAYROLL DEDUCTIONS
ARTICLE 4 - MANAGEMENT RIGHTS .2
ARTICLE 5 - EMPLOYEE RIGHTS .2
ARTICLE 6 - PRODUCTIVITY ......
ARTICLE 7 - EQUAL OPPORTUNITY CLAUSE
ARTICLE 8 - GRIEVANCE PROCEDURE .3
ARTICLE 9 - RELEASE FROM DUTY .5
ARTICLE 10 - COLLECTIVE BARGAINING COMMITTEES
ARTICLE 11 - COLLECTIVE BARGAINING PROCEDURE .6
ARTICLE 12 - PROMOTIONAL STANDARDS
ARTICLE 13 - REFRESHMENT FUNDS
ARTICLE 14 - WAGES .9
ARTICLE 15 - HEALTH CARE INSURANCE 9
ARTICLE 16 - LIFE INSURANCE .11
ARTICLE 17 - LONGEVITY PAY .12
ARTICLE 18 - SPECIAL PAYS .12
ARTICLE 19 - VACATION LEAVE 15
ARTICLE 20 - HOLIDAYS .....19
ARTICLE 21 - SICK LEAVE ACCRUAL/EXCHANGE .20
ARTICLE 22 - SICK LEAVE POOL .22
ARTICLE 23 - PARENTAL LEAVE .23
ARTICLE 24 - LIGHT DUTY .23
ARTICLE 25 - COMPENSATORY TIME OFF .23
ARTICLE 26 - PUBLIC SAFETY DISPATCH OPERATIONS......................
ARTICLE 27 - HOURS OF WORK AND OVERTIME
ARTICLE 28 - TOBACCO USE ON DUTY
ARTICLE 29 - DRUG TESTING POLICY .26
ARTICLE 30 - PHYSICAL FITNESS .26
ARTICLE 31 - DEFERRED COMPENSATION .27
ARTICLE 32 - DISCIPLINE AND DISCIPLINARY PROCEDURES 27
ARTICLE 33 - PROPERTY LIABILITY .30
ARTICLE 34 - MUNICIPAL CODE SECTIONS
PERTAINING BARGAINING UNIT MEMBERS 30
ARTICLE 35 - ENTIRE AGREEMENT ............... _ _31
ARTICLE 36 - SAVINGS CLAUSE 31
ARTICLE 37 - CREATION OF NEW CLASSIFICATIONS .32
ARTICLE 38 - CLASSIFICATION STUDIES 32
ARTICLE 39 - VEBA MEDICAL SAVINGS
ARTICLE 40 - TERM OF THE AGREEMENT .32
IAFF PERS
2022-2025
IAFF PERS
COLLECTIVE BARGAINING AGREEMENT
By and Between
THE CITY OF YAKIMA, WASHINGTON
and
LOCAL 469,
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS,
AFL-CIO
This Agreement, made and entered into this first day of January 2022, 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
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, Telecommunicator 1's, Telecommunicators, Training Supervisor,
Communications Division Office Assistant and Public Safety Telecommunicator
Supervisors. Excluded from the bargaining unit are the Fire Chief, Deputy Fire Chiefs,
Shift Commanders, Fire Department Administrative Assistant, Uniformed Firefighter
personnel, Public Safety Communications Division Manager, Public Safety Assistant
Communications Manager and all other employees of the Police and Fire Departments.
ARTICLE 2 - UNION EDUCATION
2.1 The Union will be given four (4) hours to provide Union education to new employees within
their first month of employment. Attendance by employee is optional. The education is
designed to give the employee a more complete explanation of all of the benefits of Union
membership.
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 Payroll
Administrator 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
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against the City arising from payroll deductions and/or the transmittal of such deductions
for the Union.
3.2 In the event the City receives a written notice, signed by any person from whose pay such
deductions are being made, that no further deductions are to be made, the City shall make
no such deductions from any pay earned by that person after receipt by the City of such
notice. The City shall notify the Union of all such notices received by the City, which
notification to the Union shall be given in writing within seven (7) calendar days after the
receipt by the City of such notice and shall include the name of the person involved.
ARTICLE 4 - MANAGEMENT RIGHTS
4.1 The Union recognizes the prerogative of the City to operate and manage its affairs in all
respects in accordance with its responsibilities, lawful powers and legal authority. Except
as limited by the terms of this Agreement, the City shall have the right to manage its affairs,
including the following but not limited to:
(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 available to employees on CityICE.
(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 as a policy
in the division's Policy & Procedures manual on CityICE.
(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. Should the need arise, 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
work clothing. The tie tack or pin shall not exceed 5/8 inch in diameter.
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ARTICLE 6 - PRODUCTIVITY
6.1 The parties mutually recognize the desirability of improving productivity in order to provide
maximum services at reduced costs. The Union agrees to actively cooperate and
participate in studies and agrees to discuss the implementation of programs to promote
efficiency, productivity and to reduce departmental costs. The goal of the parties is to
jointly work to reduce overtime.
6_2 Ajoint 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. 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.
8.3 Special Provisions.
(a) To be reviewable under this procedure, a grievance must be commenced within
sixty (60) calendar days after the action or decision giving rise to the grievance.
(b) 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 8.4(g).
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(c) A grievance may be entertained in or advanced to any step in the grievance
procedure if the parties so jointly agree.
(d) 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.
8.4 Process.
(a) Step 1 - The Union Grievance Committee
As soon as possible, but in no case later than the time period specified above, an
employee who feels a matter or situation exists which constitutes a grievance shall
submit a written statement asserting their claim to the Union Grievance Committee.
The employee shall also inform their supervisor in conjunction with filing a
grievance with the IAFF Grievance Committee.
(b) Step 2 - Grievance timely filed in writing with appropriate Management Personnel
Upon receiving a written statement from any source asserting a matter or
situation exists, which is claimed to constitute a grievance, the Union Grievance
Committee shall determine whether or not, in its opinion a grievance does exist.
If, in the opinion of the committee, no grievance exists, no further action shall
be taken. If, in the opinion of the committee, a grievance does exist, then the
committee shall, with or without the member or members who asserted the
grievance, present the grievance in writing to the Division Manager, deputy chief
or designee for resolution. The claim of grievance shall specify the article of
this agreement or past practice, violation or application of which is claimed. The
grievance must also be presented to the Division Manager, deputy chief or
designee (dependent on the grieved employee's job classification) within sixty
(60) calendar days after the action or decision giving rise to the grievance.
The Division Manager, Deputy Chief, or designee shall conduct an investigation
and provide a written decision within thirty (30) calendar days of receipt of the
grievance. In the case of SunComm, the Assistant Division Manager will make a
recommendation to the Division Manager who will respond to the grievance within
the allowed timeframe.
(c) Step 3 - Grievance Appealed To Chief(s)
If the Grievance Committee and the Division Manager, Deputy Chief or designee
cannot reach agreement regarding a remedy, the Grievance Committee may,
within thirty (30) calendar days of receipt of theT written decision, submit the
grievance to the Fire Chief or designee. The Fire Chief or designee shall make a
separate investigation of the issue(s) and notify the Grievance Committee in writing
of his/her decision, and the reasons therefore, within thirty (30) calendar days.
(d) Step 4 - Grievance Appealed To City Manager
If the Grievance Committee is dissatisfied with the decision of the Fire Chief, the
Grievance Committee may within thirty (30) calendar days request a review by the
City Manager. The City Manager shall forward a written decision to the Grievance
Committee within thirty (30) calendar days from receipt of the grievance.
(e) Step 5 — Grievance Appealed To Arbitration
Except as provided in 8.3 (f) of this Article, a grievance which is not resolved as
set forth may be appealed to arbitration. If Union Grievance Committee desires to
submit the grievance to arbitration as the final step in the grievance process, they
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shall notify the City Manager in writing within thirty (30) calendar days of the date
the City Manager issues his/her decision as described in Section 8.4(d), Step 4,
above. 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 (PERC), 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.
(f) Any grievance, which the City's management may have against the Union shall be
reduced to writing and submitted to the President of the Union local. If the matter
is not satisfactorily settled within twenty (20) calendar days, appeal may be
instituted as set forth in 8.4(e), Step 5, above.
(g)
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 fifteen (15) calendar 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.
ARTICLE 9 - RELEASE FROM DUTY
9.1 Union Business Leave
Designated officers and members of the Union, normally not to exceed four (4) in number
(any two (2) at one time), shall be granted up to a total of two hundred forty (240) hours of
time off for Union business between the four (4) employees, provided that a maximum of
one hundred forty (140) of these up to two hundred forty (240) hours off will be paid at the
standard rate granted for any leave with pay. The City shall be obliged to release two (2)
employees but may allow additional employees to be released simultaneously based upon
departmental operational requirements. Business leave includes attending labor
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conventions and educational conferences regarding collective bargaining, provided that
notice of such conventions or conferences shall be given at least eight (8) calendar days
prior thereto to the SunComm Management or the Deputy Chief as appropriate, and
provided further that the total leave for this bargaining unit for the purpose set forth in this
section shall not exceed two hundred forty (240) hours in any calendar year. Furthermore,
partial shifts may be utilized by employees for departure or return provided Division
established minimum staffing levels are maintained after the absence of the person(s) to
be released on Union Business Leave. Officers and members of the Union designated by
the Union may use Union business leave from any of the bargaining units that I.A.F.F.
Local 469 represents.
ARTICLE 10 - COLLECTIVE BARGAINING COMMITTEES
10.1 Collective bargaining between the parties shall be carried out by the City Manager or his
designees, on behalf of the City Council, and a committee representing the Union. No
later than June 30th of each year, the Secretary of the Union and the City Manager shall
notify one another regarding the names of persons constituting their respective bargaining
committees. If a communication is forwarded previous to that date, a response will be
made within ten (10) working days.
10.2 Members of the Union negotiating committee, not exceeding three (3) in number, shall be
granted leave from duty without loss of pay for all meetings between the City and the
Union for the purpose of negotiating the terms of a contract during the pre -impasse period
as provided in RCW 41.56, as amended, when such meetings take place at a time during
which any such members are scheduled to be on duty.
10.3 Members of the Union negotiating committee, not to exceed three (3) in number, shall be
granted leave in the post -impasse period without loss of pay, except that when such leave
reduces the manpower level below that established as the minimum manpower
requirement of the Division, such leave shall be without pay.
ARTICLE 11 - COLLECTIVE BARGAINING PROCEDURE
11.1 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. The Union and the City shall follow the collective bargaining
procedure set forth in the said statute. All agreements reached shall be reduced to writing,
which shall be signed, by the City Manager and the Union's representatives. In
negotiations for a successor collective bargaining agreement pertaining to bargaining unit
members the parties agree to follow the impasse resolution procedures through mediation
for uniformed personnel (RCW, 41.56.430, et seq.)
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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.
ARTICLE 12 - PROMOTIONAL STANDARDS
12.1 Promotions shall be determined in accordance with the rules and regulations governing
the Yakima Fire Civil Service Commission. All promotions within the bargaining unit shall
be made solely on merit, efficiency and fitness ascertained by open competitive
examination among bargaining unit personnel. Examinations shall fairly, objectively and
comprehensively test for qualifications for the position.
12.2 Employees who test for the position of Telecommunicator as a promotional candidate from
the Telecommunicator 1 classification shall receive five (5) preference points added to
their raw score from the testing process.
12.3
Upon being promoted from Telecommunicator 1 to Telecommunicator an employee shall
be placed in the appropriate step of the Master Pay Ordinance for the new classification
as defined in Yakima Municipal Code 2.20.060.
12.4 In the event an employee moves into a higher level position and a decision is made to
return them to the lower level position either voluntarily (with the approval of management)
or by direction of management (excluding disciplinary action), they shall be placed in the
pay step consistent with their actual service months.
12.5 Grandfathered Telecommunicator 1's who promote to the Telecommunicator classification
may, at any time during the probationary period in the Telecommunicator classification
either voluntarily (with the approval of management) or by direction of management return
to the position of Telecommunicator 1 with no loss of seniority as long as the action was
not the result of disciplinary action and follows the guidelines as set forth in Section 12.4
12.6 Telecommunicator's who promote to the Public Safety Telecommunicator Supervisor
classification may, at any time during the probationary period in the Public Safety
Telecommunicator Supervisor classification, either voluntarily (with the approval of
management) or by direction of management return to the position of Telecommunicator
with no loss of seniority as long as the action was not the result of disciplinary action and
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follows the guidelines as set forth in Section 12.4.
12.7 If an employee returns to their previously held position (as described above) after shift
bidding and vacation bidding have been completed for the current or upcoming year, it will
not require a rebid of shift or vacation picks.
12.8 SunComm Seniority is defined as follows:
(a) Time in Position
1. For the purposes of Section 12.6, an employee leaving the Public Safety
Telecommunicator classification and returning to the Telecommunicator
classification, their "Time in Position" in the Supervisor classification will
count toward their "Time in Position" in the Telecommunicator
classification.
2. For the purposes of Section 12.6, an employee leaving the
Telecommunicator classification and returning to the Telecommunicator 1
classification, their "Time in Position" in the Telecommunicator
classification will count toward their "Time in Position" in Telecommunicator
1 classification.
3. "Time in Position" shall be used for scheduling.
(b) Time in Center
1. Accrues from an employee's original hire date within the Center,
regardless of the classification they are working in the Center.
2. "Time in Center" shall be used for vacation picks.
(c) If an employee transfers to another division within the City of Yakima, their "Time
in Center" and "Time in Position" seniority will be tolled for a period lasting no longer
than twelve (12) months. After twelve (12) months the employees "Time in
Position" and "Time in Center" seniority will be lost.
1. If an employee returns to their previously held position after shift bidding
and vacation bidding have been completed for the current or upcoming
year, it will not require a rebid of shift or vacation picks.
(d) If an employee leaves employment with the City, their "Time in Position" and "Time
in Center" seniority is lost effective upon date of separation.
12.9 All vacancies for positions covered under this agreement will be filled in accordance with
Yakima Fire Civil Service Commission rules and regulations.
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 ensuring that the refreshment funds are
administered consistent with applicable law.
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ARTICLE 14 - WAGES
14.1 Effective 01-01-2022, the base salary of the bargaining unit will be increased by 3.5%.
14.2 Effective 01-01-2023, the base salary of the bargaining unit will be increased by 3.5%.
14.3 Effective 01-01-2024, the base salary of the bargaining unit will be increased by 3.0%.
14.4 Effective 01-01-2025, the base salary of the bargaining unit will be increased by 3.0%
ARTICLE 15 - HEALTH CARE INSURANCE
15.1 Medical, Vision and Dental Care Coverage
(a) Effective April 1, 1994 covered bargaining unit employees, retirees and their
dependents shall participate in the "City of Yakima Employees' Health & Welfare
Benefit Plans". Eligibility rules, types and of levels of benefits, payment of
premiums through a cafeteria plan, co -payment, coinsurance and deductibility
requirements and all other terms and conditions for the provision of these health
benefits shall be governed by the "City of Yakima Employees' Welfare Benefit
Program".
15.2 Health and Dental Care Premium Contribution
(a) Employee Only Health Care Premium Contribution: The City and the
employee shall share medical program premiums on a 50% by the employer and
50% by the employee basis, with a maximum employee contribution of $50 per
month.
(b) Family Health Care Premium Contributions: The City and the employee shall share
family medical program premiums on a 50% by the employer and 50% by the
employee basis, with a maximum employee contribution of $250 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
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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 Washington State Paid Family Medical Leave (PFMLA)/Sugplemental Benefits
Employees are eligible for the statewide mandatory insurance program known as
the Washington State Paid Family and Medical Leave Act (PFMLA). Employees are
eligible to file claims with and receive payments from the Washington State Employment
Security Department for qualifying events.
15.5
(a) If an employee is entitled to leave under the PFMLA at the same time as he/she is
entitled to leave under the federal Family Medical Leave Act (FMLA), or other leave
to which the employee may be entitled, such leave shall run concurrently.
(b) In addition to any PFMLA benefits the employee receives, the employee may
supplement the PFMLA benefits with accrued sick leave, compensatory time,
vacation, and/or holiday leave with up to one half (1/2) of the employee's regularly
scheduled hours per week. Any accrued leave used in excess of one half (1/2) of
the employees regularly scheduled hours will be reported to the Employment
Security Department as regular wages.
(c) It shall be the responsibility of the employee to apply for PFML through the
Employment Security Department. The employee, if possible, shall inform the fire
department timekeeper in advance and in writing if they want to utilize
supplemental benefits and the amount of benefits they would like to use, and also
provide updates as appropriate. Employees may update/change their leave
designation within the current months' pay cycle however no changes will be
allowed retroactively once a monthly pay cycle has closed.
(d) It shall be the employee's responsibility to coordinate this benefit with PFML to
ensure that he/she does not violate any of the terms and conditions of the program
and report hours accurately. Further, the IAFF agrees to indemnify, defend and
hold harmless the City of Yakima, its officers, elected officials, employees and
agents from any and all claims, demands, losses, liens, liabilities, penalties, fines,
lawsuits, and other proceedings and all judgments, awards, costs and expenses
(including attorneys' fees and disbursements) related to this article, except to the
extent that any such action was precipitated by the City's alleged breach of this
article.
Long -Term Disability
The Union has executed a disability life insurance policy that provides long-term disability
life insurance for its members and said policy generally provides a covered employee with
up to fifty percent (50%) of his/her base pay in the event that the person incurs an off -duty
injury, illness and/or disability and is unable to work. In order to qualify for said benefits
under the policy for a particular month, the employee can receive a minimum of fifty
percent (50%) of his/her base pay from the City through the utilization of accrued sick
leave, compensatory time and annual leave in a month and must be in leave without pay
status for the remainder of the month.
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(a) In the event that an insured employee covered by the Local 469 Disability Plan
applies for and receives benefits from said plan the City shall permit the employee
to receive a minimum of fifty percent (50%) of his/her base pay from the City
through the utilization of accrued sick leave, compensatory time and annually leave
in a month and allow them to be in a leave without pay status for up to fifty percent
(50%) of their scheduled hours for the affected pay period.
(b) Base pay for the purpose of receiving 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 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 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 to ensure that he/she does
not violate and /or breach any of the terms and conditions of the disability insurance
policy, including but not limited to the one hundred percent (100%) payout ceiling.
Local 469 recognizes that the City does not have any liability with or to the disability
insurance carrier or Local 469 whatsoever with regard to insurance disputes
between the carrier and employees represented by Local 469, including but not
limited to the reconciliation of pay and the 100% payout ceiling. Further, Local 469
agrees to indemnify, defend, and hold harmless the City of Yakima, its officers,
elected officials, employees and agents from any and all claims, demands, losses,
liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments,
awards, costs and expenses (including attorneys' fees and disbursements) caused
by or occurring as a result of any dispute between an employee represented by
Local 469 and the disability insurance carrier.
(f) Both Local 469 and the City have participated in the drafting of the language for
15.5 and as such, it is agreed by the parties that the general contract rule of law
that ambiguities in the contact language shall be construed against the drafter of
a contract shall have no application to any legal proceeding, arbitration and/or
action in which this section of the contract and its terms and conditions are being
interpreted and/or enforced.
ARTICLE 16 - LIFE INSURANCE
16.1 The City will provide, without cost to the employee, $100,000 in face amount of life
insurance.
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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 Pav
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 Pav
(a) The City will pay acting assignment pay of 5% above their normal base pay for an
individual for such period of service, as a Supervisor or higher classification,
having been so assigned by the Administration and provided further that the
individual exercises the responsibility, including operation and administrative
duties, as they apply.
18.2 Eligibility for Acting Assignments
In order for an employee to be eligible for assignment to an acting position, that employee
must be eligible for promotion to the position in accordance with the promotional standards
as set forth in the job classification and Fire Civil Service rules and regulations. That
employee must be trained to perform the duties of the higher classification. Such time
spent in training shall be at the employee's normal rate of pay.
Employees eligible for Acting Supervisor assignment shall submit a letter of interest to
management by January 30th of each year or within thirty (30) calendar days of becoming
eligible to act. Final decision to act will be determined by management.
18.3 Acting Assignments
Acting assignments shall be made under the following provisions:
(a) An employee vacates their position while currently on duty and there are sufficient
personnel on duty to fulfill minimum staffing requirements of all classifications.
This would account for any leave type usage at the Supervisors discretion.
(b) Public Safety Telecommunicator Supervisors may act as Telecommunicators or
Telecommunicator 1's and Telecommunicators may act as Telecommunicator 1's.
Such acting shall be at the Actors standard rate of pay.
(c) Acting shall not be permitted if it causes additional overtime to another
classification or causes staffing to fall below shift minimums. Acting will be allowed
if there is an actor on duty that can fulfill the classification with the vacancy,
provided there is a volunteer willing to come in to backfill the actor's position.
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(d) Acting assignments shall be applied prior to requesting overtime coverage if
minimum staffing is maintained regardless of notification time period.
(e) General Provisions
(1) Acting Supervisor assignments shall be filled as follows:
(i)
Long-term Assignments - Acting Supervisor assignments one
hundred twenty-nine (129) hours or greater shall be offered first
to the Acting Supervisor with the most continuous acting
seniority availability who is not already assigned to a long-term
acting assignment. If no actor volunteers, management shall
have the right to mandate the least senior actor to fill the role.
(ii) Actors assigned to a long-term assignment will be subject to the
overtime hiring of the classification they are acting in.
Short-term Assignments (1/2 hour (30 minutes) to 129 hours
(one -hundred twenty-nine)) — Short-term Acting supervisor
assignments occur when a supervisor on shift is unavailable
and away from the floor for 30 (thirty) minutes. The
communications floor would include the supervisor offices,
kitchen, quiet room, workout room and locker room area. When
a short-term assignment occurs, the senior actor on shift (if
there is one on shift) will be assigned. If there is no actor on
shift, the vacancy will be filled using the overtime hiring rules in
Article 27. Acting pay shall be paid in 30 (thirty) minute
increments.
(2) In assigning actors, the availability of the employee over the duration of the
assignment shall also be a criterion at the discretion of management. If the
eligible actor has leave scheduled during the acting assignment,
management or the employee may request that they reschedule the
affected leave based on availability at the time.
18.4 Call Back
a) Employees who are called to work on a day off shall be paid a minimum of two
(2) hours pay at the time and one-half rate for all time worked up to two (2)
hours. Any time worked in excess of two (2) hours shall be paid at the
applicable overtime rate.
i. "Call -Back" pay includes scheduled or unscheduled work -related
activity that occurs on the employee's regular day off or more than
two (2) hours before the start of or after the conclusion of a regularly
scheduled shift.
ii. Call -Back may include, but is not limited to court appearances, in -
person division or departmental meetings, public education events,
inspections, required trainings, testifying in civil service meetings,
tactical dispatch, CRU call -outs, etc.
111, Self -Initiated overtime activity is not eligible for the two (2) hour
minimum.
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b) Call-back pay will not be available for a "hold over" defined as an extension of
a regular or reassigned shift due to staffing requirements or an emergency
circumstance. Scheduled meetings immediately before or after an employee's
shift shall not be considered "call back". However, overtime at the applicable
overtime rate shall be paid for work performed or for time actually spent
attending such meetings.
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 required to wear daily department uniforms that do not utilize
uniform maintenance contracted by the City or use Department laundry facilities shall be
paid sixty dollars ($60) annually 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 paid.
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.
(a) Senior Trainers - Employees selected as senior trainers shall be paid a special pay
of 7.5% of their base wage for hours worked as a trainer. Senior trainers must
meet the following criteria:
i. Achieve an 85% or higher on all QAs
ii. Attend 75% of CTO meetings
iii. Cannot decline a trainee assignment
iv. Be willing to train in at least two (2) disciplines (if a Telecommunicator)
v. No more than six (6 )CTOs as Senior Trainers
vi. Must reapply each year
(b) Junior Trainer - Employees not selected as senior trainers but fill the role of trainer
on an as needed basis shall be paid a special pay of 5% of their base wage for
hours worked as a trainer.
18.8 Scheduling Support Coordinator
The Supervisor assigned by the Manager to assist in the review/development of the
monthly dynamic schedule to ensure adequate staffing is maintained and perform other
related scheduling duties shall receive 3% of their base pay per month for their work in
that capacity.
18.9 Bilingual Employees
(a) Employees who have bilingual and/or biliterate capacity for the Spanish language
and have achieved a passing score on the bilingual and/or biliterate skills
examination administered by the Civil Service Chief Examiner or designee shall be
eligible to receive:
• Employees who have Spanish bilingual capacity shall receive 3% of their base
pay per month for their work in that capacity.
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Employees who have Spanish biliterate capacity shall receive 2% of their base
pay per month for their work in that capacity.
(b) Should a language other than English/Spanish be necessary for the conduct of
official business of the Division by an employee who has successfully tested as
bilingual in that language, the employee may be compensated bilingual pay for the
month in which the service was needed.
18.10 Tool Allowance for Electronic Technicians and Maintenance Mechanics
The City 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.
18.11 Education Incentive Program
All classifications covered by this contract shall be paid a monthly education incentive
based on the following schedule:
AA Degree
BA/BS Degree:
1.5%
3.0%
Education incentive pay shall be paid to employees only after the City has received an
official transcript from the educational institution verifying the degree or credits received.
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 one hundred eight (108)
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 one hundred twenty-four
(124) hours;
(c) Employees with five (5) full years of service shall earn one hundred forty-eight
(148) hours;
(d) Employees with ten (10) full years of service shall earn one hundred eighty (180)
hours;
(e) Employees with fifteen (15) full years of service shall earn two hundred four (204)
hours;
(f) Employees with more than twenty (20) full years of service shall earn two hundred
twenty (220) 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 Newly hired unit members shall accrue and accumulate vacation leave through the end of
their first six (6) months of service which may then be taken in the seventh month and
each month thereafter as accumulated.
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19.4 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) calendar 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) calendar days for medical reasons, if approved by the Fire Civil Service
Commission during which times no service credit shall accrue. Layoff shall not be
considered a break in service providing that failure to accept the first offer of re-
employment for any reason shall constitute a break in service. (No service credit shall
accrue during periods of layoff.)
19.5 Vacation accruals upon separation
(a) When separating from service of the City in good standing and when the employee
has given at least two (2) weeks' notice of their intention to leave, the employee
shall be compensated for vacation accruals earned and accumulated to the date
of separation.
(b) No compensation for vacation leave shall be payable to any employee who
terminates their employment or is terminated before they have completed six (6)
months of service.
(c) An employee who is discharged or resigns as a result of disciplinary action shall
be entitled to be compensated for only the vacation leave which was earned in
preceding calendar years and not used at time of separation. This provision shall
also apply to employees who quit without giving the notice specified in 19.5(a).
19.6 Vacation Sell -Back Program
Employer implemented vacation sell -back program as follows:
(a) Employees with an accrued vacation balance of three hundred (300) hours or less
have the option to 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.
(b) Employees with an accrued vacation balance of three hundred and one (301)
hours or more have to option to sell back to the City up to one-half (1/2) 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.
19.7 Annual Vacation Requests
(a) SunComm Center Employees
Annual vacation requests for the following year shall be started in four (4) weeks
prior to the beginning of the scheduling cycle and/or no later than November 1st of
the current year. The annual vacation first pick shall be for a singular time period
normally not to exceed one hundred twenty eight (128) working hours. As staffing
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 forty-four (44) working hours. As staffing and workload allows, and
after all first and second picks have been made, employees will have the
opportunity to make a third annual vacation pick for a singular time period not to
exceed forty-four (44) working hours. Each of these requests will be submitted and
considered in seniority order based on the employee's Time in Center as defined
in Article 12.8(b) and with regard for staffing and overtime. Time spent in the
classifications of Fire and Police Dispatchers for the City of Yakima, prior to
consolidation, shall count toward this service in years.
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(1) Annual vacation picks per classification shall be limited to a combined total
of three (3) Public Safety Telecommunicator Supervisors or
Telecommunicators, and two (2) Telecommunicator 1's at any one time. At
such time the Telecommunicator 1 positions fall below six (6) then the limit
shall be changed to four (4) Telecommunicators or Telecommunicator
Supervisors and one (1) Telecommunicator 1's.
(2) Annual vacation picks should be completed no later than one (1) week prior
to the beginning of the next scheduling cycle and/or no later than December
15th of the preceding year.
• Employees changing classification or returning to SunComm after
annual vacation picks have been made will not cause that
classification to rebid vacation picks.
(3)
In the event staffing levels fall below the minimum total number of required
persons to fulfill minimum shift standards per policy, management may
consider rescinding or modifying second and third vacation picks, after
every reasonable attempt has been made to fulfill them. Exceptions to
cancelling vacations are: no third pick may be cancelled without fourteen
(14) calendar days' notice and no second pick may be cancelled without
thirty (30) calendar days' notice. Cancellations of vacation shall first be on
voluntary basis and shall then proceed to third pick by reverse seniority
followed by second pick by reverse seniority.
(4) The following annual time periods shall be considered restricted vacation
picks and shall follow the stipulations listed for each time period:
• 4th of July- One (1) annual vacation pick per classification allowed. July
4th and/or the weekend including July 4th if it falls on a Friday, weekend
day, or Monday. Restricted days off shall not exceed a three (3)
calendar day time period.
Central Washington State Fair- Telecommunicator Supervisor and
Telecommunicator classifications will only allow a combination of two
(2) annual vacation picks during the length of the fair.
Telecommunicator 1 classification will be allowed one (1) annual
vacation pick. Restricted days off shall not exceed a ten (10) calendar
day period. All other classifications will remain unaffected. (This
provision shall only be in effect if a telecommunicator is required to be
posted at the command post on location at the fairgrounds.
During these two (2) time periods, only annual leave requests will be
permitted to have scheduled time off. No individual requests shall be
granted during these time periods, unless management deems it
acceptable based on staffing levels at the time. At such time the
Telecommunicator 1 positions fall below six (6) then the limit shall be
changed to a combination of three (3) Telecommunicators and
Telecommunicator Supervisors and one (1) Telecommunicator 1.
(b) Non-SunComm Center Employees
All members of the bargaining unit not within the SunComm Center shall continue
to use their current method for picking annual vacation leave.
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19.8 Incidental Leave Requests for SunComm Employees
The dynamic schedule shall be considered "complete" by the 8th day of the preceding
month. This means all required staffing has been determined and overtime has been
awarded/mandated.
Example: Management will open the July schedule on June 1st — alerting all staff
to the overtime availability for July. Staff will have until midnight on June 7th to
bid for the open shifts; on June 8th all required shifts will be filled — either
through the bid process or by mandating appropriate classifications.
(a) On the 8th day of the month preceding the requested leave, incidental leave
requests that have been received for the month will be reviewed, with a
determination due by the 15th day of the preceding month.
(1) Division management, or designee, shall approve all requests where either:
The request can be fulfilled without volunteers while maintaining
minimum staffing; or
An available employee volunteers by the 15th day to cover the
request.
(2) All denials of requested incidental time off shall contain a written
explanation for the denial.
(b) Once a request for incidental time off is granted, a later use of sick leave shall not
cancel the grant of incidental time off except when sick leave causes below
minimum staffing and use of other options have failed to bring staffing to minimum
levels.
(c) Incidental leave requests made outside of this timeline set forth in Paragraph 11(2)
shall be considered using the criteria under Paragraph I1(2)(a), except that division
management, or designee, shall post the request upon receipt and leave it open
for volunteers for seven (7) calendar days or the period of time between the date
the request is made and leave is sought, whichever is greater.
(d) Employees on leave, who anticipate or will be delayed in returning, shall notify the
on -duty supervisor as soon as practical.
(e) In an effort for staff to ensure incidental time off, the Shift Trade Policy can be
utilized.
(f)
(g)
The division manager, or designee, in emergency situations resulting in personnel
shortages or as the result of conditions requiring additional manpower above
minimum, can cancel time off that has been granted as outlined in the current CBA.
Division management shall deny requests for incidental time off for July 4th and/or
the weekend including July 4th if it falls on a Friday, weekend day, or Monday;
provided, however, that this restricted period shall not exceed a three (3)-day
period.
(h) The division manager, or designee, shall review extenuating circumstances on a
case -by -case basis.
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20.1
ARTICLE 20 - HOLIDAYS
SunComm Employees
(a) Due to the critical nature of the SunComm Communications Center and required
24/7 operations, all members of the bargaining unit working the shift schedule
within the Center will receive a credit of hours to their holiday leave account
equivalent to the number of hours of their regularly assigned shift for the eleven
(11) observed holidays listed in 20.2(a) in addition to the number of personal
holidays negotiated in section 20.2 (b). Hours shall be credited at the first of each
year as follows:
Eight (8) hour regularly assigned shift = 88 hours
Ten (10) hour regularly assigned shift = 110 hours
Twelve (12) hour regularly assigned shift = 132 hours
(b) Holiday shifts shall be worked as assigned. Relevant staffing levels will be
determined by the Division in accordance with operational requirements.
Employees working on observed holidays will be paid at the rate of time and one-
half (1 %) for hours worked.
(c) 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 31st of each year
up to a maximum of one hundred forty-four (144) hours per employee.
(d) New employees will receive holiday credits at the rate equivalent to the number of
hours of their regularly assigned shift per observed holiday remaining in the
calendar year. New employees must be scheduled to work for more than one-half
(1/2) of the month's shifts in order to receive holiday credit for the month in which
they were hired.
An employee who uses their holiday time and leaves the Division before December
31 st shall have the equivalent number of hours removed from their earned leave
account or final pay for each observed holiday remaining in the year.
Employees transferring from days to shifts will receive holiday credits at the rate
equivalent to the number of hours of their regularly assigned shift per observed
holiday remaining in the year. Employees transferring from shifts to days will have
the equivalent to the number of hours of their previously assigned shift deducted
from their holiday hour credits per holiday remaining in the year, which shall not be
reduced to less than zero credits. The determining factor of whether or not credits
are added or reduced for the transfer month is based on whether or not the holiday
has been observed.
20.2 All other members of the bargaining unit will observe the following holiday's accordance
with Municipal Code 2.40.080.
(a) The following shall be recognized and observed as paid holidays:
New Year's Day
Martin Luther King, Jr. Day
Presidents' Day
Memorial Day
January 1st
3rd Monday in January
3rd Monday in February
Last Monday in May
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(b)
Juneteenth
Independence Day
Labor Day
Veterans' Day
Thanksgiving Day
Day after Thanksgiving Day
Christmas Day
June 19th
July 4th
1st Monday in September
November 11th
4th Thursday in November
4th Friday in November
December 25th
Employees have the availability of one (1) personal holiday per year. The personal
holiday hours shall be equivalent to the number of hours of the employee's
regularly assigned shift.
ARTICLE 21 - SICK LEAVE ACCRUAL/EXCHANGE
21.1 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.
21.2 On the first day of employment each newly hired permanent employee of the
Communications Division shall receive twelve (12) 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) Employees transferring from days to shifts will receive an adjustment of sick leave
hours at the rate equivalent to the number of unused sick leave days for the
remainder of their first year of employment.
(b) For permanent part-time employees, sick leave shall be prorated to the percentage
of a full-time position budgeted for that person.
(c) No additional sick leave will be accrued during the employee's first year of
employment.
(d) 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.).
21.3 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.
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(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:
1. 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, up to a
maximum of twenty-five thousand dollars ($25,000.00) and deposited into
the employee's VEBA account.
2. 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, up to a maximum of twenty -
thousand dollars ($20,000.00).
3. 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.
(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:
1.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.
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.
No request will be granted for less than eight (8) hours pay or a minimum of
three (3) days' leave.
No exchange will be granted to an employee who has been terminated for
cause, as defined by Civil Service.
5. In the event of layoff, exchange requests are the responsibility of the
employee.
(e) In December of each year, any accruals beyond the one thousand forty (1040)
hour limitation will be automatically exchanged based upon the formula of eight (8)
hours pay for each thirty-two (32) hours accrued or a percentage thereof for
smaller accruals. Such pay will appear on the employee's final paycheck for the
year.
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21.4 An employee eligible for sick leave with pay shall be granted such leave in accordance
with Administrative Policy #1-1250 Paid Sick Leave and RCW 49.26.210.
21.5 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.
21.6 Bereavement Leave
Employees who are eligible for sick leave under this CBA shall:
(a) In the event of each death in the employee's immediate family, employees may
consume up to three (3) days bereavement leave, per event, without loss of pay.
These three (3) days shall not be credited against their sick leave accrual.
1. For the intent of this section, "Immediate Family" includes spouse; child
(includes biological, adopted, or foster child, stepchild, or a child to whom
the employee stands in loco parentis, is a legal guardian, or is a de facto
parent, regardless of age or dependency status) or grandchild (includes
step, adopted or natural); parent (includes biological adoptive, de facto, or
foster parent, stepparent, or legal guardian of an employee or the
employee's spouse or registered domestic partner, or a person who stood
in loco parentis when the employee was a minor child); a registered
domestic partner; grandparent; sibling (includes step, adopted or natural);
or in-laws (includes parent -in-law, son-in-law and daughter-in-law). It does
not include uncle, aunt, niece, nephew or cousin.
2. The term immediate family does not include persons sharing the same
general household when the living style is primarily that of a dormitory or
commune.
(b) In the event of any days beyond the initial three (3) bereavement days per event,
additional leave days will be debited against the employee's sick leave accrual.
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.
(a) Donations made to the sick leave pool shall be in full hour increments.
(b) All requests processed by the Payroll Office by the fifteenth (15th) of a month shall
be effective for the month.
(c) 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.
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ARTICLE 23 — PARENTAL 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 appropriate Manager an
assignment to light duty. Any light duty assignment will be contingent on the City'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 appropriate Manager to
determine if any extension of the assignment is warranted. 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 appropriate Manager to determine if any extension of the assignment is
warranted. 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 2.22.100. 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.
ARTICLE 26 - PUBLIC SAFETY DISPATCH OPERATIONS
26.1 All vacancies for positions covered by this agreement shall be filled according to Fire Civil
Service Rules and associated class specifications.
26.2 Public Safety Dispatch Personnel
(a) Use of Qualified Employees. Persons assigned to work independently as
Telecommunicators in the Communications Center shall be Public Safety
personnel who have passed the required Telecommunicator or previous
Dispatcher Civil Service exams and/or hold the rank of Telecommunicator or Public
Safety Telecommunicator Supervisor.
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(b) Employees in a training status shall not count towards shift minimums set forth in
policy unless the employee has completed training for the classification they would
be filling.
ARTICLE 27 - HOURS OF WORK AND OVERTIME
27.1 The Employer has the right to schedule bargaining unit members to work eight (8) hour,
nine (9) hour, ten (10) hour, or twelve (12) hour work shifts within a twenty-four (24) hour
period. 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. The Employer will provide SunComm employees six (6) months' notice
when planning to implement a major schedule change unless an emergent situation arises.
Once a new major schedule change has been implemented that change will be reviewed
at the end of the first year's operation. Nothing herein shall be deemed to waive the Union's
right to bargain over changes to mandatory subjects of bargaining, or to permit the
Employer to engage in direct dealing.
27.2 Work schedules are those hours normally assigned. Work schedule assignments shall
normally be made prior to the start of the calendar year
27.3 Work schedule assignments shall normally be by seniority within the classification.
Beginning with the most senior employees, they will indicate which 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, qualifications and special project concerns. Special project concern reassignments
shall be for the duration of the special project.
27.4 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 staffing shortage.
27.5 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.
27.6 Meals and Break Periods
(a) SunComm Meal Periods:
1. Members of this Bargaining Unit working as Telecommunicator
Telecommunicators, and Public Safety Telecommunicator Supervisor's
within the SunComm Call Center will be granted paid meal period(s) of forty
(40) minutes during their shift. On an eight (8) or ten (10) 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.
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Employees will remain in the immediate vicinity of the
communications center.
a) Immediate vicinity of the Communications Center is defined
as: the operations area, kitchen/breakroom, locker room,
supervisors' offices, quiet room, and workout room.
1) On occasion, but not regularly, at the discretion of
the Shift Supervisor, an employee may leave the
communications center for up to a forty (40)-minute
period of time during the meal period.
2) On occasion, but not regularly, Supervisors may
leave for a brief meal period provided that there is
another supervisor or qualified acting supervisor on
duty and able to cover in their absence.
(b) All other members of this Bargaining Unit, including the Communications Division
Training Supervisor and Office Assistant, shall be entitled to at least one (1) unpaid
meal period of a minimum of thirty (30) minutes, to be scheduled as near mid -shift
as possible.- If, due to emergent circumstance, an employee does not get a full
meal break, they shall be compensated for their meal period.
(c) Breaks/rest periods are allowed as defined by federal and state law.
27.7 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. If the
reassignment is the result of a situation in which the employee is being moved back to their
normally assigned shift, then they shall be paid at their normal rate regardless of when
notified.
27.8 Overtime hiring shall typically be bid by seniority within position, if planned in advance of
the vacancy. Preference will be given to the most senior bidder within the classification
provided it does not result in any additional vacancies or overtime. Overtime shifts of eight
(8) hours or more will be offered in one-half (%) shift increments.
27.9 Employees working an eight (8) hour shift will be mandated up to a twelve (12) hour shift
in order to maintain minimum staffing.
ARTICLE 28 - TOBACCO USE ON DUTY
28.1 The Union and the City recognize that health problems are caused by smoking and
therefore agree to the elimination of the use of all tobacco products by everyone involved
with the Public Safety Dispatching facilities in all administrative offices, buildings or
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facilities. Violations of these provisions shall constitute a basis for disciplinary action to be
handled in accordance with normal disciplinary procedures.
ARTICLE 29 - DRUG TESTING POLICY
29.1 The mission of this Division is to protect the lives and property of the people of Yakima.
To fulfill this mission, and because it regards its employees as its most important asset,
the Division has a substantial interest in assuring that its employees maintain their physical
and mental fitness, stamina, alertness, and control at all times while on duty.
Alcohol and drugs alter and impair an employee's ability to perform his or her duties, and
therefore increase the risk of accidents and injuries to members of the public, other public
safety employees, fellow firefighter's, and the employee themselves.
To further the goal of a drug free work place, the bargaining group 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 bargaining group will follow the
City of Yakima Substance Abuse Policy as it relates to reasonable suspicion, random,
post -accident and return to duty with the understanding the bargaining group is not safety
sensitive nor holders of commercial driver's licenses. As such the following three
stipulations are agreed to:
• The definition of on -duty includes meal and break periods during the
workday and time during which an employee is on paid administrative
leave.
• The bargaining group will not increase the percentage of covered members
being tested, unless required by law or regulation without a modification
agreement.
• The bargaining group will not be subject to a return to duty test for absences
unrelated to a failure of an alcohol or substance test.
The parties agree to re -open this Article if modification to this Article is necessary to
maintain a uniform policy.
ARTICLE 30 - PHYSICAL FITNESS
30.1 SunComm Call Center employees will have made available to them a time, which shall
not exceed sixty (60) minutes per work shift, to participate in an approved
aerobics/physical fitness program. This program shall be as approved by the physical
fitness committee. The scheduled times will be by agreement between the Administration
and the Union. At no time shall the scheduled aerobics/physical fitness time cause a hiring
situation to happen in order to allow anyone to participate. Relief of on -duty personnel
shall only happen when work schedules and workloads allow. At other times participants
shall use the equipment, furnished by the Administration to accomplish their
aerobics/fitness times. The participants shall provide all of their own personal
aerobics/fitness clothing. The actual schedule of the aerobics/fitness period times,
availability of relief and the list of approved activities shall be subject to approval by the
Administration, the physical fitness committee, and the Public Safety Dispatch Supervisor.
As part of this program, the participants are encouraged to be active participants in the
City's wellness program in order to have a total wellness/fitness program.
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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 Administration 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 three (3%) percent of
base pay to a deferred compensation account for each member of the bargaining unit.
31.2 Said deferred compensation is separate pay and is not part of the base monthly salary
schedule codified in Yakima Municipal Code Pay and Compensation Ordinance,
subsection 2.20.110. This provision is subject to the City's deferred compensation rules
and regulations adopted by the City Council and IRS regulations, and the computation of
retirement contributions and pension benefits shall be governed by applicable state law.
ARTICLE 32 - DISCIPLINE AND DISCIPLINARY PROCEDURES
32.1 Purpose
To increase professionalism, improve morale, improve manager/employee relations,
foster long-term positive change, and deter future performance deficiencies.
This Bargaining Unit 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 & Regulations as well as the City of Yakima's Administrative Codes.
32.2 Procedure
A. Progressive Discipline
The process of progressive discipline is intended to assist the employee in overcoming
performance problems and to meet job expectations. Progressive discipline is most
successful when it assists an individual in becoming an effective and productive member
of the organization.
Failing that, progressive discipline enables the organization to address misconduct or
substandard performance of employees who demonstrate an unwillingness or inability to
improve.
Generally, there are four main types of corrective disciplinary action: oral reprimand,
written reprimand, suspension, and discharge. Demotions, deductions of pay within the
pay range, and other forms of discipline may also be used depending on the
circumstances. The four main types of corrective discipline are 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:
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A meeting with the employee and his/her immediate supervisor.
• The employee is informed that this is an oral reprimand.
• Oral reprimands will be documented by memo to include the date and time
of the infraction, the department policy, SOP or guideline that has been
violated, an action plan to correct the behavior and action necessary to
avoid further discipline.
A memo documenting receipt of the oral discipline shall be signed by the
individual and the immediate supervisor. This memo is to be filed with the
Deputy Chief or the Assistant Communications Manager and a copy is to
be provided to the employee. Memo is not placed in employee's personnel
file.
2. Written Reprimand
Any instance in which an employee is formally issued a written reprimand
document for an infraction or performance deficiency by any supervisor.
Written reprimand shall include all of the following:
• A meeting with the employee, and his/her immediate supervisor
• The employee informed that this is a formal written reprimand.
• Written reprimands will be documented by a letter which shall document
date and time of the infraction, the department policy, SOP, or guideline
that has been violated, the previous related discipline, an action plan to
correct the behavior and action necessary to avoid further discipline.
• A copy shall be maintained in employee's personnel file and given to the
employee.
3. Suspension
Any instance in which any employee is released from duty without pay from city
service.
If subsequent to a satisfactory investigation, suspension of an employee is the
contemplated level of discipline the process shall include all of the following:
Provide the employee with a pre -disciplinary letter that schedules the
"Loudermill" meeting with the employee.
The pre -disciplinary letter shall inform the employee of the alleged policy,
SOP, or guideline violation, including time and date. Also include any
previous related discipline, violations and the anticipated level of discipline.
A discipline letter will be issued informing the employee of the length of the
suspension, containing an action plan designed to correct the behavior.
The letter will also contain action necessary to avoid further discipline and
detail the employees return to work.
The original disciplinary letter will be provided to the employee and a copy
of the pre -disciplinary letters will be maintained in the employee's
personnel file.
4. Discharge
Any instance in which an employee is involuntarily terminated from city service.
If subsequent to a thorough investigation, discharge of an employee is the
contemplated level of discipline the process shall include all of the following:
• Provide the employee with a pre -disciplinary letter that schedules the
"Loudermill" meeting with the employee.
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• The pre -disciplinary letter shall inform the employee of the alleged policy,
SOP, or guideline violation, including time and date. Include previous
related discipline and violations and anticipated level of discipline.
A discipline letter will be issued that informs the employee of the effective
date of the discharge and appeal process.
The employee will be given the original disciplinary letter and a written copy
of the pre -disciplinary and disciplinary letters will be maintained in the
employee's personnel file.
B. Progressive Disciplinary Process
When a sub -standard performance persists despite informal counseling, coaching, or
remedial training, an increase in the level of disciplinary action will be initiated and
directed toward correcting the behavior. Continuing offenses, which alone may justify
nothing more severe than a written reprimand, may be cause for more serious
discipline up to and including discharge should the employee not make the corrections
required. The Progressive Disciplinary Process will utilize only the level of discipline
and corrective action necessary to achieve the improved performance and deter future
rule violations.
All oral reprimands shall be placed on file in the Deputy Chief or 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 fifteen (15) calendar 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 Infractions — Any violation that does not compromise safety, efficiency, or the
ability to properly respond to or process an emergency call. Violations of this type may
rise to the level of an oral or written reprimand. Multiple violations may rise to the level
of termination.
Examples but not limited to:
•
Tardiness.
Inefficiency or inattention to duties.
Failure to maintain satisfactory and harmonious working relationships
(depending on the extent, this may be considered a more serious infraction).
More Serious Infractions — Any violation that compromises the integrity of the
department or the city or which the consequences cause only minor disruption of work.
Violations of this type may rise to the level of a reduction in pay, suspension, or
demotion. Multiple violations may rise to the level of termination.
Examples but not limited to:
Careless, negligent, or other improper use of City property.
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• Releasing confidential information without proper authority,
• Unauthorized or improper use of any type of leave.
• Public defamation of character of the organization.
Intolerable Infractions — Any action that endangers the safety, health, or well-being
of another person. The act is of sufficient magnitude that the consequences cause
disruption of work or gross discredit to the Department or 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.
ARTICLE 33 - PROPERTY LIABILITY
33.1 The City shall provide full physical damage insurance on City vehicles which shall include
Public Safety Division employees as insureds, or the City shall, in the alternative, become
self -insured for such physical damage. In either case, the City waives any claim it may
have against any Division employee for damage to City property while that employee is
acting within the scope of his employment except in the instance of intentional misconduct,
but the City retains its right to discipline any employee for just cause.
ARTICLE 34 - MUNICIPAL CODE SECTIONS
PERTAINING BARGAINING UNIT MEMBERS
2,04 Group Insurance
2.04.010 Health Care Plan
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
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2.20.086
2.20.088
2.20.100
2.24
2.24.010
2.24.015
2.24.020
2.40
2.40.010
2.40.020
2.40.030
2.40.035
2.40.040
2.40.050
2.40.060
2.40.070
2.44
2.44.030
2.44.040
2.44.050
2.44.060
Reimbursed Expenditures - Amounts
Uniform Allowance - Special Assignment Pay
Classification Plan and Compensation Plan
Longevity Plan
Longevity Plan - Eligibility - Restrictions
Longevity Plan - Service Recognition Award
Leave Of Absence for Service in Armed Forces
Leaves of Absence
Eligible Employees
Vacation Leave
Sick Leave
Bereavement Leave
Civil Leave
Military Leave
Leave Without Pay
Unauthorized Absence
Lobbying by City Personnel
Permitted Activities of Representatives
Payment for Services of Representative
Prohibited Expenditures
Ethical Practices and Conduct
In cases of conflict between the Municipal Code and this Agreement, the latter shall
control. Nothing herein shall alter the parties' rights and obligations to bargain collectively
concerning proposed changes in the Municipal Code that affect wages, hours or working
conditions of bargaining unit employees.
ARTICLE 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.
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37.1
ARTICLE 37 - CREATION OF NEW CLASSIFICATIONS
The salary, hours of work and fringe benefits for all newly created classifications within the
bargaining unit shall be negotiated with the Union. The Employer will provide a job
description for the new classification to the bargaining unit representative prior to seeking
applications for the new position. Thereafter, the classification shall be filled by open and
competitive competition. If the new classification would be a logical progression for an
existing classification, then it will be filled by the promotional process. Otherwise, the new
classification would be filled by open and competitive competition. All areas negotiated
for the new classification shall be applied retroactive to the date of hire or promotion of
any individual who is placed into the new classification.
ARTICLE 38 - CLASSIFICATION STUDIES
38.1 The long-term assignment (greater than six (6) months) of uncharacteristic duties (e.g.,
dispatching taxi cabs, buses, shuttle services), that are outside what normally would be
considered duties related to a consolidated public safety communications center (e.g.,
ambulance dispatching, fire department/district dispatching, law enforcement agencies
dispatching, Emergency services dispatching), to any classification in the bargaining unit
must be accompanied by a classification study. The classification study shall be
accomplished in a reasonably timely manner.
ARTICLE 39 - VEBA MEDICAL SAVINGS ACCOUNT
39.1 The Bargaining Unit shall have the option of participating in a medical savings trust fund.
Participation of the members shall be either all -in or all-out depending on the vote of body.
This trust fund shall be funded by the employee's sick leave cash out at the time of
retirement.
ARTICLE 40 - TERM OF THE AGREEMENT
40.1 This Agreement shall be deemed effective from and after the 1st day of January 2022
through the 31st day of December 2025; 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.
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Executed by the parties hereto this 9,044'‘ day of \SO
Recommended by:
LOCAL 469, INTERNATIONAL ASSOCIATION OF FIREFIGHT S AFL -
By:
Andrew Zuber
Lead Negotiator, IAFF Local 469
CITY OF YAKIMA:
By:
Robert Harrison
City Manager
ATTEST:
By:
Sonya CI
City Clerk
r-Tee
vrkSbArt
X5e
•hn Shahan
President, IAFF Local 469
By:
gica MoN are
Public Safety Com
ications Manager
City Contract No. — 11
Council Resolution No.
IAFF PERS
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33
1
ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 6.E.
For Meeting of: July 19, 2022
Resolution authorizing a collective bargaining agreement for 2022-
2025 with the International Association of Firefighters (IAFF) Local
469 representing the PERS bargaining unit
Robert Harrison, City Manager
Connie Mendoza, Director of Human Resources
SUMMARY EXPLANATION:
City Management and IAFF PERS representatives negotiated in good faith, a contract setting
forth the wages, hours, and other terms and conditions of employment for the next four years
(2022-2025). To that end, both parties recommend the City Council review and approve the
attached CBA proposal. The IAFF PERS group has voted and ratified this proposed
agreement.
Highlights of the proposed CBA include:
• Wage adjustment of 3.5% in 2022/2023 and 3.0% in 2024/2025
• Education Stipend added
• Bilingual/Biliterate pay increased
• Juneteenth Holiday added
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Public Safety
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt resolution.
ATTACHMENTS:
Description Upload Date
ID resolution 7/14/2022
0 CBA 7/8/2022
Type
Corer Memo
Corer Memo
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF YAKIMA,
AND INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 469 (PERS
BARGAINING UNIT).
THIS MEMORANDUM OF UNDERSTANDING (hereinafter "MOU") is made and entered into by
and between the International Association of Fire Fighters Local 469 (PERS bargaining unit
(hereinafter "Union") and the City of Yakima, a Washington Municipal corporation (hereinafter
"City").
The parties hereby agree to continue bargaining regarding alternatives to the current contract
language provided in Article 27.8 and Article 27.9 of the PERS Collective Bargaining Agreement
(CBA). The parties commit to a six-month timeline, which shall begin the date the 2022 CBA is
executed, to bargain and implement on a trial basis potential new overtime hiring processes
until the parties a mutually agreeable process is identified. This period of six months is referred
to herein as "the trial and error period."
The parties agree that during the trial and error period, it may be necessary to test various
approaches by temporarily instituting new procedures. The parties agree that the City shall not
be able to unilaterally implement any changes to Article 27.8 and 27.9 and that any such trial
changes shall only be implemented by mutual agreement of the parties.
If, after six months, the parties are unable to agree on replacement language for Article 27.8
and Article 27.9, then the parties shall return to current contract language, unless the parties
mutually agree to extend the trial and error period, not to exceed three (3) months. If the parties
mutually agree to extend the trial and error period, that extension shall be documented by an
MOU.
Any permanent changes to Article 27.8 and article 27.9 shall be documented in an MOU.
The parties commit to working together to determine mutually agreeable overtime hiring
process. The parties further commit to meeting at regular intervals during the trial and error
period.
Nothing herein shall be deemed as a waiver of the Union's right to bargain over mandatory
subjects of bargaining.
//
//
This MOU is executed by the parties this
day of July, 2022.
Robert Harris
City Manager
ca McNam
Public Safe
'--John Shahan
IAFF Local 469 President
Andrew Zuber
nications Manager IAFF Local 469 Chief Negotiator
CITY CONTRACT NO402a-12 L
RESOLUTIONNO'I.2%-202arDg !
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF YAKIMA,
AND INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 469
(PERS BARGAINING UNIT)
THIS MEMORANDUM OF UNDERSTANDING (hereinafter "MOU") is made and entered into by and
between the International Association of Fire Fighters Local 469 (hereinafter "Union") and the City of
Yakima, a Washington Municipal corporation (hereinafter "City").
The parties recognize the PERS' bargaining unit's historical work jurisdiction includes all 911 call -taking
and dispatch work. Without waiving the union's work jurisdiction, the City and the Union hereby agree that
for a period of 90 days following the execution of this MOU, the SunComm Assistant Manager (Angela
Brown) may perform bargaining unit work shifts, as follows:
• The Assistant Manager will be utilized as a last resort, after overtime shifts have been made
available to bargaining unit workers on a voluntary basis, pursuant to the CBA. The Assistant
Manager may be assigned to or utilized for shifts prior to assigning overtime shifts to bargaining
unit members, pursuant to the CBA.
• The Assistant Manager shall only be utilized for bargaining unit shifts for a maximum of fifteen
shifts in a month, unless prior written permission is obtained from the Union. Instances where the
Assistant Manager works 4 hours or less shall not be counted toward the 15 shift maximum. In
addition, the Assistant Manager may be utilized in cases of emergency, without respect to the 15
shift maximum.
• The City's hiring goals will remain unchanged, and the City will not use work performed pursuant
to this MOU as justification for altering its hiring goals or process.
• This MOU shall not result in the reduction of bargaining unit positions.
• The right for the Assistant Manager to perform this work shall be specific to Angela Brown.
Should the City hire any other Assistant Managers during the term of this agreement, a new MOU
shall be necessary before those individuals can perform bargaining unit work.
This MOU is an exclusive agreement unique in nature; it does not establish a precedent or past practice
between the parties, and is not a waiver of any right to collectively bargain any mandatory subject of
bargaining. The parties also agree and understand this unique agreement will not be extended to any
other employee, unless the parties so agree.
This MOU expires 90 days after it is executed. The parties may agree to extend this MOU for an
additional term, for as many additional terms as they shall agree to, or may agree on new terms, should
they choose. Such agreement must be in writing, and shall be entirely at each parties' discretion.
This MOU is executed by the parties this day of " , 2022.
r
Robert Harrison
City Manager
CITY CONTRACT NO:
RESOLUTION NO' -,?so . a -
Mafk Busk IAFF Local 469 Vice President
on behalf of John Shahan
IAFF Local 469 President
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF YAKIMA,
AND INTERNATIONAL ASSOCIATION OFFIRE FIGHTERS LOCAL469 (PERS
BARGAINING UNIT).
THIS MEMORANDUM OF UNDERSTANDING (hereinafter ^MOU^\iemade and entered into bv
and between the International Association of Fire Fighters Local 469 /PERS bargaining unit
(hereinafter "Union") and the City of Yakima, m Washington Municipal corporation (hereinafter
"City^\.
This MOU memorializes the agreements between the City and IAFF regarding the grievance filed
regarding the Telecom nnunicatorpositions. All parties acknowledge that these issues have been
negotiated in accordance with RCVV 41.58. All employees who were hired as Ca||tekmro.
Dispatchers or Supervisor and fill the roll Telecommunicator or a Telecommunicator Supervisor
upon execution of this agreement shall receive a one time -lump sum payment of $1,500.00. This
amount ahu|| be paid as vvaAme, subject to all withholdings that apply to wages. This payment
shall bemade toeligible employees with their rer earnings(January 8'2O23payd@y).
Bargaining group members currently employed as Te|econmnnun|catmr | who promote into the
Te|eoonnnnunioator position will be eligible to receive the one-time payment upon successful
completion oftheir probationary period.
Lastly, the first -round vacation pick (CB/\Article 19.7(a))ieexpanded tmbeup[o132hours and
ohoU be selected in one week (44 hour) inor*mantn, and an Appendix containing the new
language for Article 1Q.7shall baadded bothe CBA.
The provisions of this MOU shall supersede any conflicting provision in any Collective Bargaining
Agreement covering the issues contained inthis W1[)U.
This MOU is part of a package which together resolves any and all current or potential grievances
and ULPothat existed prior tothe date that this agreement ioexecuted related tothe creation and
implementation ofthe Te|ecmmmnunioatmr
This MOU is executed by the parties this
Robert Harrison
City Manager
Anq6ia Brown
Acting Public Safety Communications Manager
�day of9�cemmb��2022'
~~
�&�, nShahon
ber
IAFF Local 469 Chief Negotiator
�
�tu
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF YAKUMA,
AND INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 469(PERS
BARGAINING UNIT).
THIS MEMORANDUM OF UNDERSTANDING (hereinafter^MOU^) is made and entered into by and
between the International Association of Fire Fighters Local 469 (PERS bargaining unit (hereinafter "Union")
and the City of Yakima, a Washington Municipal corporation (hereinafter "City").
Whereas, this MOU memorializes the agreement between the City and the Union regarding incentives
and other conditions related to Telecommunicator Supervisors, Telecommunicators and
Telecommunicator Is employed by the City. All parties acknowledge that these issues have been
negotiated inaccordance with RCVV41.5G;and
Whereas, the City and the Union agree that the provisions as set forth in this MOU do not create a past
practice and supersede any conflicting provisions in any Collective Bargaining Agreement (hereinafter
"CB/Y')covering the issues contained inthis [N(}U.
Therefore, the City and the Union agree that for one (1) year from the execution of this MOU, the
following conditions apply:
1. Newly hired Te|aoommunicetorsare eligible for onincentive mofollows:
a. Newly hired Telecom municators will receive a $5000 incentive to be paid on their first
paycheck following the first full month of employment after execution of the repayment
contract in2(b).
b. To be eligible for this incentive, the employee must sign a repayment contract whereby
they agree to repay, on a pro -rated basis, any paid incentive if they leave employment
within the first three years.
2. Current Telecommunicator Supervisors, Telecommunicators and Telecommunicator Is are
eligible for incentive as follows:
o. Tn|ooummuniooborSuperviaom. To|ecommunicmhonaand Telecom municator|oemployed
on'the date this MOU is will receive a $2000 retention incentive to be paid on their first
paycheck following execution nfthe repayment contract in5(b).
b. To be eligible for this incentive, the employee must sign a repayment contract whereby
they agree to repay, on a pro -rated basis, any paid incentive if they leave employment
within the first two years.
This MOU is executed by the parties this day of December, 122.
Robert Harrison
City Manager
kn-I&I-la Brown
Acting Public Safety Communications Manager
JAFFLocal 4GQPresident
&~k'- W'`/k-rk-
IAFF Local 4G0Chief Negotiator
MEMO - NDUM OF UNDERSTANDING
BETWEEN THE CITY OF YAKIMA,
AND INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 469 (PERS
BARGAINING UNIT).
THIS MEMO" NDUM OF UNDERSTANDING (hereinafter "MOU") is made and entered into by
and between the International Association of Fire Fighters Local 469 (PERS bargaining unit
(hereinafter "Union") and the City of Yakima, a Washington Municipal corporation (hereinafter
"City").
In light of the unprecedented amount of overtime currently worked by SunComm employees and
in recognition of their hard work, the City has agreed that for 6 months from the date of the
execution of this MOU, SunComm employees shall receive an additional $20.00 of
compensation for each hour worked over 55 hours in a week.
This MOU shall expire 6 months after the date that the MOU was fully executed.
Nothing herein shall prevent the parties from mutually agreeing to extend this MOU, but this
MOU shall not create a binding past practice.
This MOU is executed by the parties this
Robert Harrison
City Manager
411,
day of December, 2022.
Angela Brown
Acting Public Safety Communications Manager
hn aban
IAFF Local 469 President
7 LI
IAFF Local 469 Chief Negotiator
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF YAKIMA,
AND INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 469
(PERS BARGAINING UNIT)
EXTENSION
THIS MEMORANDUM OF UNDERSTANDING (hereinafter "MOU") is made and entered into by
and between the International Association of Fire Fighters Local 469 (hereinafter "Union") and
the City of Yakima, a Washington Municipal corporation (hereinafter "City").
The parties hereby agree to extend the MOU executed September 2, 2022. By and through this
agreement, that MOU is now extended through June 30, 2023. That MOU recognized that the
PERS' bargaining unit's historical work jurisdiction includes all 911 call -taking and dispatch
work. Without waiving the union's work jurisdiction, the City and the Union agreed that for a
designated period SunComm Assistant Manager (Angela Brown) may perform specific
bargaining unit work.
This extension does not alter the September 2, 2022 MOU except to extend the effective date.
The parties also agree that this extension is backdated to December 2, 2022.
This MOU is e ecuted by the parties this n day of \ ri 2023.
:01
Robert 11 rison Mark Busk ice President, on behalf of
City Manager
L,4951 if
CITY CONTRACT N1,?;i 1 `
RESOLUTION NO: K- 6VCY t-' L
John Shahan, IAFF Local 469 President
ve,
,47t;
0 44
1- 0
• z
< z
z
0
C.) C• Y
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF YAKIMA,
AND INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 469 (PERS
BARGAINING UNIT).
THIS MEMORANDUM OF UNDERSTANDING (hereinafter "MOU") is made and entered into by
and between the International Association of Fire Fighters Local 469 (PERS bargaining unit
(hereinafter "Union") and the City of Yakima, a Washington Municipal corporation (hereinafter
"City").
The parties have agreed to replace the current contract language with the new language
contained in Attachment A to this MOU. Attachment A shall be added to the current Collective
Bargaining Agreement (CBA) as Appendix A. This MOU hereby amends Article 19.7(a) by
replacing the paragraph in the CBA with a new 19.7(a), while leaving 19.7(a)(1)—(4) intact. The
MOU also hereby replaces Articles 27.8, and 27.9. Lastly, the MOU creates Article 27.10.
This MOU is executed by the parties this
Robert Harrison
City Manager
4 1 \
Erica cNanlara
Public Safety Communications Manager
iLlei„(C11
day of January, 2023.
IAFF Local 469 Chief Negotiator
APPENDIX A
19.7(a) shall be amended as follows:
(a) SunComm Center Employees
Annual Vacations
i. Annual vacation requests for the following year shall be started four (4)
weeks prior to the beginning of the scheduling cycle and/or no later than
November 1st of the current year.
ii. The first annual vacation pick shall be for a singular time period normally
not to exceed one hundred thirty two (132) working hours.
A. First round vacation picks must be made in increments of 44
hours, either in 1, 2, or 3 increments total.
B. First round vacation picks cannot include more than one of the
following holidays: Fourth of July, Thanksgiving, and Christmas.
iii. As staffing 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 forty-four (44) working
hours.
iv. As staffing and workload allows, and after all first and second picks have
been made, employees will have the opportunity to make a third annual
vacation pick for a singular time period not to exceed forty four (44)
working hours.
v. Each of these requests will be submitted and considered in seniority order
based on the employee's Time in Center as defined in Article 12.8(b) and
with regard for staffing and overtime.
A. Time spent in the classifications of Fire and Police Dispatchers
for the City of Yakima, prior to consolidation, shall count toward
this service in years.
The remainder of 19.7, including all subsections to 19.7(a)(1)-(4), shall remain
unchanged.
Articles 27.8 and 27.9 shall be fully replaced with the following:
27.8 Overtime Hiring (SunComm)
(a) Advanced Notice: For overtime shifts that are necessary to maintain established
shift minimums, the Employer shall post the overtime shifts on the Overtime Sign-up
list no later than the first of the month before the month when the overtime shift
occurs. (Ex.: Overtime shifts occurring in April shall be posted no later than March
1.)
1. Voluntary sign-ups for the required overtime shifts shall be awarded based
on seniority, using time in center, and posted by midnight on the 7thof the
preceding month.
2. All remaining required shifts will be assigned on the 8th of the preceding
month by using reverse seniority, using time in center.
i. These assigned shifts will be documented on the "Mandated
Overtime" list maintained in the SunComm shared folder.
ii.If the 8th falls on a weekend or Holiday, assignments may be made
either on the 7' or the next normal business day after the 8th
3. The City can, at its discretion, offer additional overtime shifts that are not
required to maintain established shift minimums, which shall be made
available for voluntary sign-ups, and shall be awarded based on seniority,
using time in center.
i. These shifts shall be posted on the 8th of the month and awarded by
the 12" of the month preceding.
ii.These shifts shall not be assigned if there are no volunteers but will
remain open until the date of request.
4. Overtime due to incidental leave shall be posted and assigned according to
the procedures established in Article 19.8.
(b) Seven or more days' notice: Overtime shifts that were not known to the
Employer by the first of the month preceding the month when the overtime shift
shall occur, but are known to the Employer 7 or more days in advance, shall be
assigned as follows:
1. The Employer shall send an email to all staff advising of the new shifts added
to the overtime signup list.
a. Voluntary overtime coverage shall be awarded based on seniority,
using time in center.
b. Employees shall be given four days to volunteer for these shifts, if
possible.
2. If there are no volunteers for the overtime shift, and the shift must be
staffed in order to maintain established shift minimums, than the shift shall
be assigned based on the"Mandated Overtime" rotation list and the shift
shall be documented therein.
27.9 Overtime Hiring (SunComm) — Less than 7 days' notice
(a) Overtime shifts occurring with Tess than seven days' or less notice shall be sent out
via Everbridge page.
(b) Volunteers shall be assigned on a first -come basis.
(c) If there are no volunteers after a reasonable amount of time has passed, the shift
shall be assigned based on the "Mandated Overtime" rotation list, as provided in
Article 27.10(e), and the shift will be documented therein.
1. For purposes of Article 27.9, "Reasonable" shall be defined as follows:
For shifts scheduled to start within 24 hours or Tess, "reasonable"
is 60 minutes.
ii. For shifts scheduled to start after more than 24 hours,
"reasonable" is 12 hours.
A new article shall be added as follows:
27.10 Overtime Considerations - SunComm
(a) Employees working an eight (8) hours shift may be mandated up to a twelve (12)
hour shift to maintain established shift minimums, as described in Articles 27.8 and
27.9.
(b) Any overtime shift of eight (8) hours or more may be offered in partial shifts; in four,
six, or eight, hour increments.
1. Where the remainder of a partial shift is assigned, the individual shall be
marked as having been assigned on the "Mandated Overtime" rotation list.
(c) The parties agree that employees should not be overworked, including that they
should not be required to work without days off. To accomplish this goal, therefore,
when assigning overtime, the scheduler shall follow the provisions in Article
27.10(e), but shall have discretion to skip individuals who have worked a significant
and disproportionate number of overtime hours, have worked many shifts in a row
without a day off, or where the individual's current shift would make the overtime
disproportionately burdensome. Nothing in this section shall permit the scheduler to
award overtime in a way that is arbitrary, discriminatory, or favors particular
employees for reasons other than to decrease the burden on employees who have
worked a disproportionate amount.
(d) The Assigned Overtime List shall be created and maintained as follows:
1 All eligible floor personnel (which in this context is defined as all SunComm
employees other than the training supervisor, trainees not signed off in any
disciplines, and the division administrative assistant) shall be listed by reverse
seniority using time in center on one list, regardless of classification. This list
is considered one rotation.
2. When assigning an overtime shift, the first employee on the rotation list that
is available to fill the shift shall be assigned.
3. Rotations may be repeated as necessary.
4. If employees need to be skipped, there shall be a notation made of the date
and reason why they were skipped in the appropriate column. Employees
that are skipped for the reasons other than those listed in Article 27.10(d)(6),
shall not be marked as complete for that rotation.
i. Reasons for being skipped include the following:
1. They are already working;
2. Their work schedule prevents them from being able to work
the overtime shift;
3. Vacation leave;
4. Sick leave;
5. Employee is unreachable or states they are unavailable; or
6. Any approved leave not covered in 27.10(d)(6);
5. When an employee is mandated an overtime shift, the date and shift shall be
notated in the appropriate columns and then their name highlighted to show
that their assignment in the rotation has occurred.
6. If an employee is skipped for any of the following reasons, that employee's
name shall be highlighted as completed and notation made explaining why
they were skipped and marked complete for the rotation.
i. On approved leaves of absence (including, for example, FMLA,
Washington State Paid Family Leave, LTD, military, etc.);
ii.First pick vacations;
iii. Bereavement leave;
iv. Jury duty leave 5 or more consecutive days.
7. New hires shall be added to the most current rotation once they are qualified
to fill any position.
8. Any change to the maintenance or implementation of the "Mandated
Overtime" list requires mutual agreement of both parties.
i. The "Mandated Overtime" list is designed and intended to continue in
perpetuity. However, due to exceptional circumstances (e.g. significant
staff turnover, new schedule implemented, major shift changes, etc.),
with the consent of both parties, the list may be "reset" when necessary.
(e) Overtime assignments, voluntary or assigned, shall not create additional vacancies or
overtime.
MEMORANDUM OFUNDERSTANDING
BETWEEN THE CITY OFYAKUMA,
AND INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL 469
(PERS BARGAINING UNIT)
THIS MEMORANDUM OFUNDERSTANDING (hereinafter ^MC}U1iomade and entered into bv
and between the International Association of Fire Fighters Local 469 (PERS bargaining unit
(hereinafter "Union") and the City of Yakima, a Washington Municipal corporation (hereinafter
"City'').
The parties hereby agree that bargaining unit member Becky Rasmusson may, at her
diacreUon, work as o Te|moommunicmtnr | /T1}, while employed in her current position. Before
working as a T1, she must complete the academy/training that is required of new hires. During
training, Ms. Rasmusson will be paid either her current rate of pay or the equivalent step of T1
pay, whichever iohigher. '
If any of her training causes her towork overtime, she shall be paid the overtime rate of1.5
times either her current rate ofpay orthe equivalent step ofT1pay, whichever iahigher.
Once she has completed her training, she will be paid for her work as a T1 at the higher of
either her current rote of pay or the equivalent ab*p ufT1 pay. Overtime incurred while working
as a T1 will be paid at 1.5 times the higher of either her current rate of pay or the equivalent
step ofT1 pay.
Nothing herein shall be deemed as m waiver nfthe Uniun'a right to bargain over mandatory
subjects ofbargaining. _
This MOUUmexecuted by the parties this day of A�xriU,2023.
Robert Harrison
City Manager�
, ~«
" xm
11 -�CITY CONTRACT wa4
RESOLUTION NO: R'
wal
Public SafetxCommunications Manager
_~�gq/ IAFF Local 469Presidan
MEMORANDUM OF UNDERSTANDING
BETWEEN THE are' OF YAKIMA,
AND INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 469
(PERS BARGAINING UNIT)
EXTENSION
THIS MEMORANDUM OF UNDERSTANDING (hereinafter "MOU") is made and entered into by
and between the International Association of Fire Fighters Local 469 (hereinafter 'Union") and the
City of Yakima, a VVashington Municipal corporation (hereinafter "City").
The parties hereby agree to extend the MOU executed September 22nd, 2022, By and through
this agreement, that MOU is now extended through December 31, 2021 That MU recognized
that the PERSbargaining unit's historical work jurisdiction includes ail 911 call -taking and
dispatch work. VVithout waiving the urtion"s work jurisdiction, the City and the Union agreed that
for a designated period SunComm Assistant Manager (Angela Brown) may perform specific
bargaining unit work.
This extension does not alter the September 2, 2022 MOU except to extend the effective date,
This MOU is executed by the parties this
City M ger
CI Y CONTRACT NO' 1 4110 •
RF S0101 ION NO: -.)0
day ofiLt, -2023.
Jon n Shahan
IAFF Local 469 President
MEMORANDUM OF UNDERSTANDING
BE EEN THE CITY OF YAKIMA,
AND INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 469
(PERS BARGAINING UNIT)
EXTENSION
THIS MEMORANDUM OF UNDERSTANDING (hereinafter "MOU) is made and entered into by
and between the International Association of Fire Fighters Local 469 (hereinafter "Union") and the
City of Yakima, a Washington Municipal corporation (hereinafter "City").
The parties hereby agree to extend the MOU executed December 14, 2022. By and through this
agreement, that MOU is now extended through September 30, 2023, That MOU recognized the
amount of overtime worked by SunComm employees and provided for additional compensation
for hours worked over 55 hours in a week.
This extension does not alter the December 14, 2022 MOU except to extend the effective date.
This MOU is executed by the parties this
City Ma ger
CITY CONTRACT NO:
FTESOLUTION NC):
day of 2023.
ohn Kahan
IMF Local 469 President•
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF YAKIMA,
AND INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 469
(PERS BARGAINING UNIT)
EXTENSION
THIS MEMORANDUM OF UNDERSTANDING (hereinafter"MOU") is made and entered into by
and between the International Association of Fire Fighters Local 469 (hereinafter"Union") and the
City of Yakima, a Washington Municipal corporation (hereinafter"City").
The parties hereby agree to extend the MOU executed December 14, 2022. By and through this
agreement, that MOU is now extended through December 31, 2023. That MOU recognized the
amount of overtime worked by SunComm employees and provided for additional compensation
for hours worked over 55 hours in a week. This MOU will be retroactive to October 1st, 2023.
This extension does not alter the December 14, 2022 MOU except to extend the effective date.
This MOU is executed by the parties this t day of , 2023.
e64:eir
Robert Harrison Mark Bu
City Manager IAFF Local 469 Vice President
CITY CONTRACT NO•%) a- �i. �+�i.�
RESOLUTION NO' 'A•�
MEMORANDUM OF UNDERSTANDING
By and between
CITY of YAKIMA
And
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 469 (PERS
BARGAINING UNIT)
THIS MEMORANDUM OF UNDERSTANDING (hereinafter"MOU") is made and entered into by
and between the International Association of Fire Fighters Local 469 (PERS bargaining unit
hereinafter"Union") and the City of Yakima, a Washington Municipal corporation (hereinafter
"City").
Whereas, the City of Yakima is a charter city of the first class of the State of Washington and
is the employer of all members who work as Telecommunicators; and
Whereas, the Union is the exclusive bargaining representative all permanent City
Telecommunicators; and
Whereas, this MOU memorializes the agreement between the City and the Union regarding
incentives and other conditions related to telecommunicators. All parties acknowledge that
these issues have been negotiated in accordance with RCW 41.56; and
Whereas, the City and the Union agree that the provisions as set forth in this MOU do not
create a past practice and supersede any conflicting provisions in any Collective Bargaining
Agreement (hereinafter"CBA") covering the issues contained in this MOU; and
Whereas, this MOU is intended to extend hiring incentives found in previous MOU's and not
intended to create additional hiring incentives.
Therefore, the City and the Union agree that for one (1) year from the execution of this MOU,
the following conditions apply:
1. Newly hired telecommunicators are eligible for an incentive as follows:
a. Newly hired Telecommunicators will receive a $5000 incentive to be paid on
their first paycheck following the first full month of employment after execution
of the repayment contract in 2(b).
b. To be eligible for this incentive, the employee must sign a repayment contract
whereby they agree to repay, on a pro-rated basis, any paid incentive if they
leave employment within the first three years. If employee separates service
from the City of Yakima or transfers to a new position, other than a promotion to
a Telecommunicator Supervisor, prior to the completion of thirty-six (36) months
of service, complete payment of the reimbursement obligation shall be
deducted from the employee's final paycheck. If the repayment amount owed is
in excess of the final paycheck, any balance owed shall be paid within twelve
(12) months of cessation of employment, in monthly installments of no less than
one twelfth (1/12) of the total remaining reimbursement obligation, commencing
30 days following the last day of employment as a telecommunicator.
1
Executed this -- day of December;`2023-.
City of Yakima: For the Union:
131-
Robert Harrison Date M rk Buskas Date
City Manager IAFF Local 469 Vice President
.1)Wtti.0 it(2- /-2-N
Andrew Zuber Date
IAFF Local 469 Chief Negotiator
CITY CONTRACT NO: doa / Ol
RESOLUTION NO: 2 _ . -y
2
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF YAKIMA,
AND INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 469
(PERS BARGAINING UNIT)
EXTENSION
THIS MEMORANDUM OF UNDERSTANDING (hereinafter "MOU") is made and entered into by
and between the International Association of Fire Fighters Local 469 (hereinafter"Union") and the
City of Yakima, a Washington Municipal corporation (hereinafter"City").
The parties hereby agree to extend the MOU executed December 14, 2022. By and through this
agreement, that MOU is now extended through December 31, 2024. That MOU recognized the
amount of overtime worked by SunComm employees and provided for additional compensation
for hours worked over 55 hours in a week.
This MOU is an exclusive agreement unique in nature; it does not establish a precedent or past
practice between the parties, and is not a waiver of any right to collectively bargain any mandatory
subject of bargaining.
This extension does not alter the December 14, 2022 MOU except to extend the effective date.
The parties also agree that this extension is backdated to January 1st, 2024.
This MOU is executed by the parties this l day of r 1LrCh 2024.
\A/U,Yy-- 1/( '
Dave Zabel Pete Rasmuss
Interim City ManagerIAFF Local 469 President
CITY CONTRACT NO''a-1W 'r)d l It-3
RESOLUTION NO
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF YAKIMA,
AND INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 469
(PERS BARGAINING UNIT)
EXTENSION
THIS MEMORANDUM OF UNDERSTANDING (hereinafter "MOU") is made and entered into by
and between the International Association of Fire Fighters Local 469 (hereinafter"Union") and the
City of Yakima, a Washington Municipal corporation (hereinafter"City").
The parties hereby agree to extend the MOU executed September 2, 2022. By and through this
agreement, that MOU is now extended through December 31st, 2024. That MOU recognized that
the PERS' bargaining unit's historical work jurisdiction includes all 911 call-taking and dispatch
work. Without waiving the union's work jurisdiction, the City and the Union agreed that for a
designated period SunComm Assistant Manager(Angela Brown) may perform specific bargaining
unit work.
This MOU is an exclusive agreement unique in nature; it does not establish a precedent or past
practice between the parties, and is not a waiver of any right to collectively bargain any mandatory
subject of bargaining.
This extension does not alter the September 2, 2022 MOU except to extend the effective date.
The parties also agree that this extension is backdated to January 1st, 2024.
This MOU is executed by the parties this t day of rTY0-412024.
<A9\AA(ZIA4,
Dave Zabel! Pete Rasmussen
Interim City Manager IAFF Local 469 President
CITY CONTRACT N0
RESOLUTION NO. a - 11-'