HomeMy WebLinkAboutR-1993-027 Collective Bargaining / IAFF.*
9
RESOLUTION NO R-932 7
A RESOLUTION authorizing and directing the City Manager of the City of
Yakima to sign an Addendum to the 1992-1994 Collective
Bargaining Agreement with International Association of
Firefighters Local 469 (Fire LEOFF), as to the wages, hours
and working conditions of the new positions of Technical
Training Supervisor, Technical Training Assistant and
Public Safety and Education Officer
WHEREAS, pursuant to state law requirement, labor negotiations have
occurred between the City and the International Association of Firefighters,
Local 469 (Fire LEOFF), and these negotiations have resulted in agreement on
the wages, hours, working conditions, selection criteria and fringe benefits for
the new positions of Technical Training Supervisor, Technical Training
Assistant and Public Safety and Education Officer, which by the terms of the
current collective bargaining agreement with that union must be
memorialized in an Addendum to the 1992-1994 Collective Bargaining
Agreement; and
WHEREAS, the City Council deems it in the best interest of the City
that the Addendum be completed at this time, now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA.
The City Manager is hereby authorized and directed to execute an
Addendum, to be attached to the 1992-1994 Collective Bargaining Agreement
by and between the City of Yakima, Washington and Local 469, International
Association of Firefighters, AFL-CIO, a copy of which Addendum is attached
and by this reference made a part hereof
ADOPTED BY THE CITY COUNCIL this CP day of =iz tL ,1993
ATTEST
City Clerk
) c
Mayor
ADDENDUM TO 1992-1994 COLLECTIVE BARGAINING AGREEMENT FOR
• LEOFF FIRE'. CLASSIFICATIONS
•
TI -HS ADDENDUM to the existing collective bargaining agreement is entered
into 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.
The current 1992-1994 LEOFF Fire contract, Article XXVII - Creation of New
Classifications provides
"The salary, hours of work, working conditions, selection criteria and
fringe benefits for all newly created classifications or classification
modifications within the bargaining unit shall be negotiated with the
Union prior to the filling of any positicn within the new
classification."
The parties have met and negotiated a settlement for the wages, hours,
working conditions, and selection criteria for the new classifications of
Technical Training Supervisor, Technical Training Assistant and Public
Safety and Training Officer as set forth in Appendix "A" to this Addendum
and said Appendix is attached and incorporated herein by reference. Further,
the parties have agreed that the fringe benefits for these new classifications
shall be those currently provided for in the 1992-1994 Collective Bargaining
Agreement.
THIS ADDENDUM is executed by the parties this /3 -44% -day of April, 1993
CITY OF YAKIMA
R.A. Zais,
City Manager
ATTEST
City Clerk
LOCAL 469, EWE
By.
ATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO
n President
v3 -3/R93/1
•
•
APPENDIX "A"
Requirements for Newly Created Positions of
Technical Training Supervisor, Technical Training Assistant
and Public Safety & Education Officer
Assumption. These are LEOFF positions. Stated requirements have been developed on
the basis that only LEOFF personnel are qualified to fill positions. This is dependent on a
final legal interpretation which will consider the impact of ADA requirements In the
final analysis, if the legal opinion establishes these positions as other than LEOFF, the
requirements stated here may or may not apply
No employee can test for any of the three positions until the fire fighter probationary
period is complete.
All personnel promoted into any of the three positions shall serve a minimum of three
years before they are eligible to accept any combat positions within the Bargaining Unit.
All personnel promoted into any of the three positions that are desirous of returning to a
combat position in Operations, shall meet or exceed all job related tasks required of all
Operations personnel before they are eligible to fulfill the responsibilities of a combat
position.
Probationary period for the three positions will be 1 year
Work hours dunng probationary penod shall be 40 hours a week, with a schedule of five
- 8 hour days. After successful completion of probationary penod, the five - 8 hour day
work schedule may be modified to a different 40 hour schedule, by mutual consent of the
employee involved and the responsible Division Supervisor
A Reduction In Force will allow for the employee to return to their former position. The
employee shall meet or exceed all job related tasks before they are eligible to fulfill the
responsibilities of a combat position.
If a vacancy occurs in any of the three positions, the position may be filled on a
temporary basis by acting assignments of personnel from an active register or, personnel
qualified to promote into the positions. This will be done on a voluntary basis first. If
the position is not voluntanly filled, the Chief will assign
Any person filling the Technical Training Assistant's position and desirous of promoting
to a Lieutenant's position shall have served a minimum of 4 years of service with the
Yakima Fire Department as a paid Fire Fighter before being eligible to Test.
Salary for the Technical Training Supervisor and the Public Safety & Education Officer
shall be at $24 82/hr - $4,302 05/mo Salary for the Technical Training Assistant shall be
at $16 43/hr - $3,702.17/mo
March 31, 1993
1
•
APPENDIX "A"
Promotional Requirements
Technical Training Supervisor and Public Safety and Education Officer.
Minimum requirements Must have completed probationary penod as Lieutenant or
above, or as Technical Training Assistant. A Bachelor's Degree in Business, Education,
or a related field is preferred.
Technical Training Assistant.
Must have completed a minimum of four years in the Yakima Fire Department, or two
years with an AA Degree. An AA Degree in Business, Education, or a related field is
preferred.
Before this is final and binding it must be ratified by both parties.
Gerald A. Beeson,
Fire Chief
Date
March 31, 1993 2
Ron oh
President, scal #469
c(t- 3
ADDENDUM TO 1992-1994 COLLECTIVE BARGAINING AGREEMENT FOR
LEOFF FIRE CLASSIFICATIONS
THIS ADDENDUM to the existing collective bargaining agreement is entered
into 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.
The current 1992-1994 LEOFF Fire contract provides in Article XII - Wages,
Section 12.2, that the only matter open for negotiations for the term of the
Agreement is the wage rates by providing the following.
"12.2 The parties shall negotiate commencing in July, 1992 for wage
rates to be effective on and after January 1, 1993."
The parties have met and negotiated a settlement of the single contract
reopener for 1993 wage rates.
The parties have agreed that effective January 1, 1993, a three point five
percent (3.5%) increase shall be applied to the wage rates in Appendix "A" of
the 1992-1994 Agreement and effective July 1, 1993, a zero point five (0.5%)
percent increase shall be applied to the base wage rates. The pay schedule for
effected employees is set forth in Appendix "A" to this Addendum and said
Appendix is attached and incorporated herein by reference.
THIS ADDENDUM is executed by the parties this %` 7 day of January, 1993.
CITY OF YAKIMA
By:
R.A.
City Manager
ATTEST:
)ef
City Clerk
LOCAL 469, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO
i,
< /{ C'a'''i�\
Ron Johnson, President
RESOLUTION NO. @ -
A RESOLUTION authorizing and directing the City Manager of the City of
Yakima to sign an Addendum to the 1992-1994 Collective
Bargaining Agreement with International Association of
Firefighters Local 469 (Fire LEOFF), as to the 1993 wage
increase.
WHEREAS, pursuant to state law requirement, labor negotiations have
occurred between the City and the International Association of Firefighters, Local
469 (Fire LEOFF), and these negotiations have resulted in agreement on the
amount of wage increase for LEOFF employees of the Fire Department, which by
the terms of the current collective bargaining agreement with that union must
be memorialized in an Addendum to the 1992-1994 Collective Bargaining
Agreement; and
WHEREAS, the City Council deems it in the best interest of the City that the
Addendum be completed at this time, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute an
Addendum, to be attached to the 1992-1994 Collective Bargaining Agreement by
and between the City of Yakima, Washington and Local 469, International
Association of Firefighters, AFL-CIO, a copy of which Addendum is attached and by
this reference made a part hereof.
ADOPTED BY THE CITY COUNCIL this) `iday of °`, , 1993.
ATTEST: Mayor
City Clerk
(1s)res/LEOFF adndrn.sc
SETTLEMENT AGREEMENT
I. PARTIES/BACKGROUND
rTh
1.1 This agreement is made and executed between the CITY OF YAKIMA
(the City), TONY SLOAN, an employee of the City of Yakima, and the YAKIMA FIRE
FIGHTERS ASSOCIATION, I.A.F.F. LOCAL NO. 469 (the Union) in consideration of the
payment hereinafter described, the mutual covenants contained herein, and for
other good and valuable consideration.
1.2 Tony Sloan is a fire fighter with the City of Yakima. On April 24,
1992, and subsequent to Mr. Sloan's participating in a competitive examination for
a Fire Investigator position, Mr. Sloan was placed as top scorer on the register for
the position. Since that time, the City of Yakima City Council has eliminated the
position. It has been Mr. Sloan's belief that the lack of immediate appointment to
the position is due to the City's unlawful discrimination against him. He also
characterizes the City's inaction as retaliation against him for prior litigation
which he pursued against the City. The Union has represented Mr. Sloan in his
claim against the City in this regard.
1.3 The parties, by this agreement, intend to resolve and settle all actual
or potential disputes between them.
II. CONSIDERATION
2.1 In consideration of the City's agreement to pay Tony Sloan $7,500.00
(Seven Thousand Five Hundred Dollars) in settlement of Sloan's potential claims
for General Damages arising out of alleged employment-related claims, and
execution of this agreement, Tony Sloan agrees to settle all claims, causes of
action, and pending labor disputes regarding the City and to release the City, its
officers, employees, and agents from any and all liability associated with his
employment with the City of Yakima.
2.2 The City's payment in settlement of Mr. Sloan's claim is in the nature
of compensation for loss of Fire Investigator salary from the time of Mr. Sloan's
placement on the Civil Service register for this position. Mr. Sloan will receive
the settlement payment in the lump sum of $7,500.00, without any deductions
made.
2.3 In so doing, the City makes no admission of the merits of any claims
advanced to date by Mr. Sloan or the Union.
III. FUTURE PROMOTIONAL PROCEDURE
3.1 All parties to this agreement affirm the appropriateness of the City's
compliance with Article 11 B of the current labor agreement with the Union, or
with the equivalent "promotional standards" provision in any subsequent such
labor agreement, in regard to the filling of any and all vacancies in positions
subject to Union representation, including a Fire Investigator position if such
position or a similar one is authorized by the City Council in the future.
Page 1 of 4
(Is)agr/settlement.sc
3.2 Tony Sloan acknowledges that he has been made no promise of
employment as a Fire Investigator with the City.
IV. RELEASE
4.1 Tony Sloan and the Yakima Fire Fighters Association, I.A.F.F. Local
No. 469 hereby release and forever discharge the City of Yakima, its officers,
agents, and employees, from any and all claims of whatever nature or description
associated with or arising out of Mr. Sloan's employment with the City of Yakima,
including but not limited to, any actions or disputes associated with the hiring
process of the City of Yakima. This release is designed to encompass any and all
alleged or possible claims for employment-related causes of action including
constructive discharge, discrimination or disparate treatment, claimed Civil
Rights violations under Title 42 of the United States Code and any and all other
claims, whether known or unknown, that the said Union or Tony Sloan may have
against the City of Yakima arising out of Mr. Sloan's employment with the City.
4.2 This release and any negotiations preceding it are not a source of a
standard of care, a duty to reimburse or indemnify, a repeatable practice or any
other basis for replication or liability, flowing from the City to Tony Sloan or the
Union.
V. REPRESENTATION BY COUNSEL
5.1 The undersigned Tony Sloan agrees that he has fully read,
understood and voluntarily entered into this agreement after full and complete
opportunity to have and obtain the independent advice of an attorney of his own,
and the advice and counsel of his Union and its attorney, James Webster. Tony
Sloan covenants and agrees that he fully understands that this agreement
constitutes a release, waiver, and discharge of any and all claims that he might
have against the City, its employees or agents, associated with or arising out of his
employment or termination thereof by the City of Yakima, the nature and
character of which claims he has fully discussed with an attorney of his choosing
and the Union and the nature and consequences of which he understands.
5.2 The parties hereto agree not to discuss or otherwise divulge the
terms or conditions of this agreement, except as the City may be required by law.
VI. VENUE/BREACH OF AGREEMENT
6.1 The parties agree that in the event of any action necessary to
enforce the terms of this agreement, venue shall lie in Yakima County Superior
Court. Further, in the event of any such action required by either party to
enforce the terms of or be reimbursed for breach of this agreement, the
prevailing party shall be entitled to recover his/its attorney's fees and costs.
DATE: d ! - 4 -q
Page 2 of 4
(is) agr/settleren t.sc
STATE OF WASHINGTON
:ss.
County of Yakima
On this j day of January, 1993, before me personally appeared Tony
Sloan, individually; that said individual executed the foregoing instrument and
acknowledged the said instrument to be the free and voluntary act and deed in
said entity, for the uses and purposes therein mentioned.
Witness my hand and official seal hereto affix the day and year first above
written.
l
Date: (ari.,:-'z'-Y -‘
STATE OF WASHINGTON
:ss.
County of Yakima
1 / ,,r - a-
NOTARY PUBLIC in and for the State
of Washington, residing at Yc(-+c t��
My commission expires: Mc, -e ia, t Crcr 3
YAKIMA FIRE FIGHTERS ASSOCIATION,
LOCAL NO. 469, INTERNATIONAL
ASSOCIATION OF - ' FIGHTERS
0 l
RON
SON, President
On this L-144' day of January, 1993, before me personally appeared Ron
Johnson , to me known to be the President of the Yakima Fire Fighters Association
Local No. 469, I.A.F.F., the entity that executed the foregoing instrument and
acknowledged the said instrument to be the free and voluntary act and deed in
said entity, for the uses and purposes therein mentioned.
Witness my hand and official seal hereto affix the day and year first above
written.
NOTARY PUBLIC in and for the State
of Washington, residing at Y.,- ;<
My commission expires: mcg --A 4 a t � i3
Page 3 of 4
(1s)agr/settlement.sc
DATE: (J6//-3
STATE OF WASHINGTON
:ss.
County of Yakima
CITY OF YAKIMA
RICHARD A. ZAIS, JR.
City Manager
On this g day of January, 1993, before me personally appeared Richard A.
Zais, Jr. to me known to be the City Manager of the City of Yakima the entity that
executed the foregoing instrument and acknowledged the said instrument to be
the free and voluntary act and deed in said entity, for the uses and purposes
therein mentioned.
Witness my hand and official seal hereto affix the day and year first above
written.
NOTARY PUBLIC in . ' dd State
of Washington, residing at Yaks
My commission expires:
ATTEST:
Ci.t-y Clerk
Page 4of4
(1s)agr/settlement.sc
/995/
RESOLUTION NO. 9._6232
A RESOLUTION directing and authorizing the City Manager and City Clerk to
execute a settlement agreement with Tony Sloan and the
Yakima Fire Fighters Association, I.A.F.F. Local No. 469.
WHEREAS, there has been outstanding a controversy over the City's not
hiring Tony Sloan as its Fire Investigator subsequent to Mr. Sloan's placement as
top scorer on the Fire Investigator register, a dispute which was not resolved as of
the time of signing of the current labor agreement with the Yakima Fire Fighters
Association (the Union) and which was to be resolved thereafter; and
WHEREAS, the Union through its attorney has advised the City of its
purpose to litigate a claim of unlawful discrimination and retaliation on behalf of
Mr. Sloan; and
WHEREAS, extensive discussion among the parties has been productive only
to the point of reaching agreement as to a cash settlement, a resolution approved
by the State of Washington Public Employment Relations mediator assigned to this
matter; and
WHEREAS, it is in the City's interest to obtain a settlement of the
controversy at this time and to avoid the cost of the extended litigation which is
the sole alternative at this point, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and City Clerk of the City of Yakima are directed and
authorized to execute a settlement agreement with Tony Sloan and the Union, a
copy of which is attached and incorporated by this reference.
ADOPTED BY THE CITY COUNCIL this 51-h day of January, 1993.
ATTEST: Mayor
City Clerk
(is)res/settlement agr.sc
LETTER OF INTERPRETATION
between
I.A.F.F. LOCAL 469 and The CITY of YAKIMA
regarding
CURRENT COLLECTIVE BARGAINING AGREEMENT
(1992-1994)
ci
Reserve Force
1. Move -ups using Reserve Apparatus
Reserve force crews and apparatus may be used to move -up to cover a vacant station
only in the following circumstances:
1. When a ready standby crew is on duty at Station #2, which is after 1800, they
may be used in the role of move -up.
2. When all full-time on -duty crewed apparatus are assigned to an incident and
are unavailable to cover a move -up.
3. When a Reserve Apparatus that was dispatched on an incident is placed in
service that apparatus may be used to move -up or respond for a full-time
apparatus that is on an incident and unavailable but the Reserve apparatus would
return to its station when that full time apparatus returns to service.
Times outside the above three situations that a move -up is needed it will be handled by
one of the full-time on -duty crewed apparatus.
2. Apparatus Assignment for Non -Emergency Incidents
All non -emergency incidents in Station 2's area shall have a full-time on -duty crewed
apparatus dispatched along with the Reserve apparatus. If the Reserve apparatus
responds and it's full-time officer determines that they can handle the incident, the full-
time on -duty crewed apparatus may be returned to service.
3. Mutual Aid Responses
All Mutual Aid responses shall have the closest apparatus dispatched to the incident. If
the Mutual Aid Alert Plan calls for a specific, specialized apparatus then that apparatus
shall be dispatched.
This letter of interpretation in no other way negates other agreements between I.A.F.F.
Local 469 and the City of Yakima in regards to the Fire Reserve Program.
Agreed to by the parties hereto on this ie -day of /00, 1993.
CITY OF YAKIMA:
By:
ATTEST:
By:
R. A. ais, Jr.
City Manager
City Clerk
I.A.F.F, Loea#469 TFL- IO:
B
Presid: t
CITY OF YAKIMA
CITY CLERK'S OFFICE
DATE: November 29, 1993
TO: Sheryl Smith, Deputy Personnel Officer
FROM: Melynn Skovald, Deputy City Clerk
RE: LETTER OF INTERPRETATION CONCERNING RESERVE
FORCE BETWEEN IAFF LOCAL 469 AND THE CITY OF
YAKIMA REGARDING CURRENT COLLECTIVE BARGAINING
AGREEMENT (1992-1994)
Attached for your files is a copy of the above captioned document.
MEMORANDUM
June 12, 1992
To: Honorable Mayor and Members of City Council
From: Dick Zais, City Manager
Gerald A. Beeson, Fire Chief2`%'
Subject: Transmittal of Memorandum of Understanding and the Collective Bargaining
Agreement for 1992-1994 between the City of Yakima and Firefighters Local
#469
Submitted for your review and approval are the results of the most recent negotiations
with Firefighters Local #469. This negotiation process, as all of you fully understand,
was different from what is normally experienced under the labor laws of the State of
Washington. City Council and Local #469 agreed to initiate discussions in this unique
process, and with the leadership provided by the entire City Council and especially
Councilmen Brado and Beauchamp, and the representatives of Local #469, we were able
to reach a tentative agreement on a multitude of contractual and disciplinary issues.
The information is provided in three segments: (1) Memorandum of Understanding; (2)
Collective Bargaining Agreement for 1992 through 1994; (3) Economic Impact
Settlement Funding.
I. MEMORANDUM OF UNDERSTANDING
The last agreement between the City and Firefighters Local #469 expired on December
31, 1989 and since that date we have been engaged in collective bargaining and litigation
before the courts and the Public Employment Relations Commission. As a result of the
most recent bargaining sessions conducted in April, May and Jane of this year, the parties
have reached agreement on a new labor contract and the settlement of all pending
litigation. Also, a mechanism has been established to minimize the need to seek litigation
in the future with the development of a labor/management committee. As conceptualized
and agreed upon, this committee would be comprised of two representatives from both
labor and management along with two members of City Council.
The Memorandum of Understanding provides for the extension of the expired 1988-1989
labor contract through June 30, 1992 with the following changes to the wage rates:
Increase base wages by:
Effective July 1, 1990: 5.0%
Effective January 1, 1991: 5.5%
Effective January 1, 1992: 5.0%
1
II. COLLECTIVE BARGAINING AGREEMENT
The new agreement will become effective from July 1, 1992 through December 31, 1994.
Some of the more obvious issues that have resulted with contractual changes are:
Article 4 - Management Righta:
The language has remained the same as the last contract, with one addition. The
language of the article does not constitute a waiver of the Union's right to request and
require bargaining as provided for in Chapter 41.56 RCW.
Article 8 - Grie_vance Prod:
Minor housekeeping changes were made to the article, plus new language was added to
allow for an election of remedies, eg: If a grievance cannot be resolved in the first four
steps of the procedure, the grievant must select either the Civil Service Commission or
binding arbitration, but not both, for final resolution.
Article 11A - Sat :
This article is new and it requires that:
11.1 - All employees and the employer must comply with WAC Chapter 296-305, Safety
Standards for Firefighters.
11.2 - Staffing requirements have been added that puts into the contract language the
current practice. It also allows for the staffing levels for the Reserve Firefighters out of
the Fruitvale station.
Article 11B - Promotionalndards:
The language contained in this article is new and it complies with the Supreme Court
decision which stipulates that changes to the Civil Service Commission rules regarding
bargaining unit members must be negotiated. This language is detailed and specific
regarding promotions for Lieutenants and Captains. It also protects the policy making
authority of the City relative to filling :positions.
Article 11D - Fire Departmgni Reserves:
This article is new and allows for the continued existence of the Reserve Division, plus it
details the operating requirements of this division. It also allows for Reserve Firefighters
to be utilized at all fire stations owned and operated by the City, and the language under
11D.7 insures that any reference to the Reserves in this contract is limited only to Union
enforcement of the content of the article on behalf of bargaining unit members. The
Union cannot negotiate for the Reserves.
Article 12 - Wage,:
An analysis of the wage adjustments for '90, '91, and '92 and method of funding will be
explained in Section III of this report. Provisions have also been made to allow for
discussions regarding wages for 1993, to commence in July 1992.
2
Article 13 - Medical Insurance:
The City has maintained its current medical plan with provisions for cost containment
through cost sharing by all employees. The current language provides for the City to pay
100% of the total premium costs for LEOFF I & II Firefighters. The new contract has
changes in dependent contribution coverage. The contribution base for dependents was
set at $106.55 which the City paid in full. Everything above that base was shared 65%
employer, 35% employee, with an employee contribution monthly cap of $75.00. The
new contribution base is $119.92 per month with the same 65%-35% formula split above
that figure. Also, the employee cap was increased to $85.00 per month.
The cost containment and the medical language provisions have been removed from the
body of the contract and will be encompassed within the Health Care Master Plan
document for the IAFF division.
The remainder of the new contract is similar to the expired agreement with minor
language changes wherever appropriate.
III. ECONOMIC IMPACT/SE 1'1'LEMENT FUNDING
Information was previously shared with the City Council in executive session regarding
the estimated total cost of the fire settlement of $807,000. This estimate included 1990,
1991 and 1992 wage and benefit settlement costs of $680,000 and pension cost
adjustments of $125,000.
Below is the final cost projection based upon detailed computations for settlement costs.
The costs are revised to approximately $833,000. Salary and benefit costs virtually equal
the earlier projections. The primary reason of higher costs are associated with city
pension estimates which were revised upward $25,000 to a total of $150,000.
FIRE IAFF SE I1LEMENT COST SUMMARY
1990
1991
1992
TOTAL
Salaries - Permanent
$56,807
$237,455
$345,599
$639,861
Social Security
$280
$1,275
$3,370
$4,925
Retirement
$3,188
$13,196
$18,616
$35,000
Industrial Insurance
$0
Unemployment
$284
$1,187
$1,677
$3,148
Sub Total
$60,559
$253,113
$369,262
$682,934
Fire Pension Costs
$150,000
TOTAL COST
$60,559
$253,113
$369,262
$832,934
Funding for the settlement is provided by an appropriation of the General Fund available
balance of $232,934, which combined with a 1992 budgeted contingency transfer of
$450,000 for a total General Fund authorization of $682,934 for Firefighter salaries and
wages for 1990, 1991 and 1992. The Pension Fund resources are provided by an
appropriation of available fund balance in the Fire Pension Fund of $150,000.
See the attached Ordinance - Schedule I for additional information on budget costs.
3
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is entered into this a '..) day
of June 1992 by and between the City of Yakima (the City) and
International Association of Fire Fighters Local 469 (the Union) in
view of the following facts and circumstances:
The last labor agreement between the parties expired on
December 31, 1989 and they have been engaged in litigation of a
number of disputes before the Public Employment Relations
Commission and the Courts. The parties have reached agreement on
the terms of a new labor agreement, settlement of all pending
litigation, and means of minimizing the likelihood that either will
have to resort to litigation in the future, and they wish to set
forth in this Memorandum of Understanding the terms for settlement
of these matters, concurrently with the execution of their new
labor agreement.
NOW THEREFORE THE PARTIES AGREE AS FOLLOWS:
1. Civil Service Rules Issues (PERC Case Nos. 7800, 8878 and
9230-U):
Captain Charles Heath:
Mr. Heath was promoted to Captain in or about January
1992. At present he is performing sufficiently to warrant
regular appointment to the position. Upon successful
completion of a six month probationary appointment to the rank
MEMORANDUM OF UNDERSTANDING - 1
of Captain, Mr. Heath's salary will be adjusted retroactively
to March 1991, to the salary rate commensurate with the
appointment.
In the event that Mr. Heath does not satisfactorily
complete the probation and is removed from the position, he
will be allowed, if he desires, to process an appeal through
the normal chain of command up to the City Manager. If the
matter still remains unresolved, the matter may then be
submitted to either the Civil Service Commission or
arbitration.
The standard for resolution of such a dispute would be
whether he had been rated in a "fair and reasonable manner" in
accordance with criteria contained in the performance
evaluation form currently in use in the Fire Department. In
the event such a dispute were submitted to arbitration, the
parties have agreed that it would be heard and decided by PERC
staff arbitrator Fred Rosenberry.
This settlement does not affect the parties' practice by
which employees upon promotion normally serve a probationary
period of one year.
Assignments to Acting Positions:
The City agrees to reinstate past practice for such
assignments. In order for an employee to be eligible for
appointment to an acting position, the employee must be
eligible for promotion to the position in accordance with the
civil service regulations (or the promotional standards
MEMORANDUM OF UNDERSTANDING - 2
Article of the parties' new collective bargaining agreement),
except in cases of emergency, such as when no lieutenant is
available to serve as acting Captain.
Note: Compliance with this practice may require call-back
and the payment of overtime.
2. Scheduling of Vacation, Kelly Days, and Days Off In Lieu of
Holidays (PERC Case No. 7900-U):
The City shall allow a guaranteed minimum, per shift, of
four shift employees from the bargaining unit to be released
from duty at any one time for scheduling of vacation, Kelly
days, or days off in lieu of holidays.
3. Release of City Firefighters and Other Responding Departments,
as at Union Gospel Mission and Lee's Music fires (PERC Case
No. 8619-U):
Henceforth, except in cases of emergency (i.e., genuinely
unusual circumstances), Yakima firefighters on call-back duty
will not be released prior to the release of all other
responding departments.
Note: There could be simultaneous release of City
firefighters and other departments.
4. First Response Within Yakima City Jurisdiction (PERC Case No.
8887-U):
Except in cases of an emergency, on-duty firefighters
shall be dispatched first for responses to all calls within
the City's jurisdiction, prior to calling for mutual aid or
similar assistance from other departments. In determining
MEMORANDUM OF UNDERSTANDING - 3
what constitutes an emergency as a practical matter, the
parties will look to the City's current practices regarding
emergency medical responses.
5. Discipline of Ron Johnson and Ron Melcher, Alleged Threat to
Joe May, and Don Dexter's request for Union representation
(PERC Case Nos. 9154, 9555 and 9573-U):
Ron Johnson
The City will reinstate 24 hours to Ron Johnson's leave
bank and place a letter of reprimand in his personnel file
concerning the incident in 1990 with Y-31 involving damage.
Ron Melcher
The City will reinstate 12 hours to Ron Melcher's leave
bank and place a letter of reprimand in his personnel file
concerning the incident in 1991 with Y-51 involving damage.
Joe May
The City affirms that there was no intent to threaten Mr.
May for engaging in the protected activity of processing a
grievance.
pon Dexter
The City affirms that it will observe its obligations to
allow employees to be represented by the Union in
investigatory interviews in which the employee perceives that
discipline may result.
Note: The parties agree that these settlements shall not
serve as precedents. Future incidents will be evaluated on a
case by case basis under the standards of the parties' new
MEMORANDUM OF UNDERSTANDING - 4
agreements and applicable law.
6. City's implementation of the Auxiliary Force (PERC Case Nos.
9205 and 9325-U):
The parties have negotiated a satisfactory solution that
is set forth in their new collective bargaining agreement.
7. Method for Assigning Overtime to 40 -Hour Captains (PERC Case
Nos. 9205 and 9572-U):
The City will withdraw the disputed directive and the
parties will observe the past practice for assignment of
overtime to 40 -hour Captains. The parties will bargain
collectively concerning overtime assignments in connection
with negotiations concerning new or modified 40 hour
positions. If these issues are not resolved within 60 days of
this agreement, then the matter shall be referred to parties'
new Labor/Management committee.
8. Information Requests for Purposes of Collective Bargaining
(PERC Case Nos. 9583 and 9584-U):
The parties agree that each will provide, on request of
the other, information reasonably necessary to process
disputes that may arise between them. In the event the
producing party believes the request is unduly burdensome, it
will so advise the requesting party and explain the basis for
that belief. The parties will then first attempt in good
faith to work out an agreement on the scope and timing of
information to be produced before initiating any legal
proceedings.
MEMORANDUM OF UNDERSTANDING - 5
9. Allegations by each party that the other has refused to
bargain collectively in the course of their contract
negotiations, i.e., alleged surface bargaining, insistence to
impasse on non -mandatory bargaining subjects, repudiation of
tentative agreements (PERC Case Nos. 8878, 9029 and 9426-U):
All pending complaints will be withdrawn as moot.
10. Alleged Discriminatory Treatment of Tony Sloan.
The parties have agreed to submit this dispute to the
newly formed Labor/Management Committee to be approached in
the same cooperative spirit that led to the tentative
agreements for settling all other pending disputes.
11. Labor Agreement for the Period January 1, 1990, to June 30,
1992:
The parties have agreed to extend the expired 1988-1989
contract through June 30, 1992, with the following changes:
Increase base wage rates as follows:
Effective July 1, 1990: 5.0%
Effective January 1, 1991: 5.5%
Effective January 1, 1992: 5.0%
12. Labor Agreement for the Period July 1, 1992, to December 31,
1994: The parties have agreed to a new agreement for this
period that they are executing concurrently with this
agreement.
CITY OF YYAKIMA
By:
R. A. Zal Jr.
City Manager
MEMORANDUM OF UNDERSTANDING - 6
ATTEST:
0"
City Clerk
LOCAL 46 ; INTE2N T
By:
President
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SOC,
/ A�TIIQN OF FIREFIGHTERS, AFL-CIO
)(
MEMORANDUM OF UNDERSTANDING - 7
1992 - 1994
COLLECTIVE BARGAINING AGREEMENT
By and Between
THE CITY OF YAKIMA, WASHINGTON
and
LOCAL 469,
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS,
AFL-CIO
EFFECTIVE:
July 1, 1992 thru December 31,1994
TABLE OF CONTENTS
GENERAL PROVISIONS
ARTICLE
1 UNION RECOGNITION AND BARGAINING UNIT 1
2 UNION SECURITY 1
3 PAYROLL DEDUCTIONS 1
4 MANAGEMENT RIGHTS 2
5 PRODUCTIVITY 3
6 EQUAL OPPORTUNITY CLAUSE
7 PROPERTY LIABILITY 3
8 GRIEVANCE PROCEDURE 3
9 RELEASE FROM DUTY 6
10 COLLECTIVE BARGAINING COMMITTEES 6
11 COLLECTIVE BARGAINING PROCEDURE 7
11A SAFETY 7
11B PROMOTIONAL STANDARDS 7
11C REFRESHMENT FUNDS 9
11D FIRE DEPARTMENT RESERVES 9
PROVISIONS APPLICABLE TO WAGES AND BENEFITS
12 WAGES 11
13 MEDICAL INSURANCE 12
14 DENTAL INSURANCE 13
15 LIFE INSURANCE 13
16 LONGEVITY PAY 14
17 SPECIAL PAYS 14
18 VACATION LEAVE 15
19 HOLIDAYS 16
20 SICK LEAVE ACCRUAL/EXCHANGE 17
21 BIRTHING LEAVE 20
22 COMPENSATORY TIME OFF 20
23 OVERTIME 21
MISCELLANEOUS PROVISIONS
24 DUTY WEEK 21
25 SMOKING ON DUTY 22
26 WEIGHT CONTROL/PHYSICAL FITNESS 22
27 CREATION OF NEW CLASSIFICATIONS 23
1992-1994 LABOR AGREEMENT - i
28 ENTIRE AGREEMENT 23
29 SAVINGS CLAUSE 23
30 MUNICIPAL CODE SECTIONS PERTAINING
TO FIRE DEPARTMENT LEOFF EMPLOYEES 23
31 NO PYRAMIDING 25
32 TERM OF AGREEMENT 25
Signature Page 26
Appendix "A" (Pay Ordinance as Passed by City Council)
1992-1994 LABOR AGREEMENT - ii
COLLECTIVE BARGAINING AGREEMENT
By and Between
THE CITY OF YAKIMA, WASHINGTON
and
LOCAL 469,
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS,
AFL-CIO
This Agreement, made and entered into this day of June, 1992, 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 Fire Department employees excluding temporary employees, in Law Enforcement Officer
and Fire Fighter (LEOFF) classifications as set forth in Appendix "A" of this Agreement as
certified by the Public Employment Relations Commission Decision No. 837-PECB excluding
the Fire Chief , Deputy Fire Chief, and Battalion Chiefs.
ARTICLE 2 - UNION SECURITY
Each employee in the Fire Department may become or remain a member of the
Union. Employees not desirous of membership in the Union shall be subject to a
representation service fee equal to the based mandatory dues and assessment which shall be a
condition of continued employment. Said membership or fee payment shall become
mandatory upon successful completion of a one (1) year period of service with the Fire
Department and in accordance with provisions of the Public Employee Collective Bargaining
Act, R.C.W. 41.56. Nothing herein shall preclude membership in the Union of any
employee who so requests prior to completion of one (1) year of service.
ARTICLE 3 - PAYROLL DEDUCTIONS
3.1 The City agrees to deduct uniformly required Union membership fees, dues and other
assessments from the pay of those members who authorize the City to do so; such
authorization shall be in writing and signed by each person authorizing such deductions and
filed with the City. The Secretary of the Union shall notify the Finance Officer of the City
1992-1994 LABOR AGREEMENT - 1
of Yakima of amounts to be deducted from the pay of each such person. The City shall
transmit to the Treasurer of the Union the aggregate of such deductions, together with an
itemized statement, on or before the 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, causes of action, or lawsuits arising from such deductions or the transmittal of such
deductions to the Union.
3.2 In the event the City receives a written notice, signed by any person from whose pay
such deductions are being made, that no further deductions are to be made, the City shall
make no such deductions from any pay earned by that person after receipt by the City of such
notice. The City shall notify the Secretary of the Union of all such notices received by the
City, which notification to the Union shall be given in writing within seven (7) calendar days
after the receipt by the City of such notice and shall include the name of the person involved.
ARTICLE 4 - MANAGEMENT RIGHTS
The Union recognizes the prerogative of the City to operate and manage its affairs in all
respects in accordance with its responsibilities, lawful powers and legal authority. City affairs
which are not included within negotiable matters pertaining to wages, hours and working
conditions are inclusive of the following, but not limited thereto:
4.1 The right to establish and institute work rules and procedures upon reasonable notice
to bargaining unit members. All personnel rules and policies developed by the Employer
which are intended to be applicable to Union members shall be in written form and posted in
the departmental manual.
4.2 The right to determine reasonable schedules of work, overtime and all methods and
processes by which said work is to be performed in a manner most advantageous to the
Employer. Changes to work schedules which are intended to be applicable to Union
members shall be in written form and posted in the departmental manual.
4.3 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.
4.4 The right to discipline or discharge employees for just cause .; provided that the City's
right to discipline or discharge initial hires during their probationary period shall not be
limited by this section. The parties agree to study policies for administering this section.
4.5 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.
4.6 The right to take whatever actions the Employer deems necessary to carry out services
1992-1994 LABOR AGREEMENT - 2
in an emergency.
Nothing contained in this Article shall be considered as a waiver of the Union's right
to request and require bargaining in accordance with the provisions of Chapter 41.56
RCW.
ARTICLE 5 - PRODUCTIVITY
5.1 The parties mutually recognize the desirability of improving productivity in order to
provide maximum services at reduced costs. It is therefore agreed that the Union will
actively cooperate and participate in studies and efforts to discover and implement new
methods and practices which result in increased efficiency and productivity gains in the Fire
Department.
5.2 A joint committee shall be formed to promote labor peace, harmony and productivity.
The committee shall be composed of two representatives designated by the Union, two by
from the City Council and two designated by management, and shall meet from time to time
as either party may reasonably request.
ARTICLE 6 - EQUAL OPPORTUNITY CLAUSE
It is the policy of the City of Yakima and the Union not to discriminate against any
employees or applicants for employment because of race; color; religion; age; sex; physical,
mental, or emotional handicap; or national origin. It is not the intent of management to
lower employment standards or hire individuals incapable of performing the required tasks of
the job classification. Nothing in this section shall prohibit the City from establishing bona
fide occupational qualifications.
ARTICLE 7 - PROPERTY LIABILITY
The City shall provide full physical damage insurance on Fire vehicles which shall include
Fire Department employees as insureds, or the City shall, in the alternative, become
self-insured for such physical damage. In either case, the City waives any claim it may have
against any Fire Department employee for damage to City property while that employee is
acting within the scope of his employment except in the instance of intentional misconduct,
but the City retains its right to discipline any employee for just cause.
ARTICLE 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
1992-1994 LABOR AGREEMENT - 3
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 Process.
(a) To be reviewable under this procedure a grievance must:
Be commenced within sixty days (60) calendar days after the grieving party has
been made reasonably aware of the circumstances giving rise to the grievance.
(b) Step 1 - Discussion With Supervisor - As soon as possible, but in no case later than
the time period specified above, an employee shall first discuss his grievance with his
immediate supervisor. Said supervisor shall make an investigation of the relevant
facts and circumstances of the complaint and provide a written decision within seven
(7) calendar days.
(c) Step 2 - Written Grievance To Division Supervisor - If the grievance is not resolved at
Step 1, or in the case of a grievance initiated by the Union, then the grievance may be
submitted to the Division Supervisor within twenty (20) calendar days of receipt of the
written decision of the immediate supervisor in writing setting forth the detailed facts
concerning the nature of the grievance, contractual provisions alleged violated and
relief sought. The Division Supervisor shall hear the grievance and forward a written
decision to the employee within seven (7) calendar days after such hearing.
(d) Step 3 - Grievance Appealed To Chief Of The Department - If the employee and
Division Supervisor cannot reach agreement regarding a remedy, the employee may,
within seven (7) calendar days of receipt of the written decision, submit the grievance
to the Chief of the Department. The Chief shall make a separate investigation of the
issue(s) and notify the employee in writing of his decision, and the reasons therefore,
within seven (7) calendar days.
(e) Step 4 - Grievance Appealed To City Manager - If the grieving party is dissatisfied
with the decision of the Chief of the Department, he/she may within seven (7)
calendar days request a review by the City Manager. The City Manager shall forward
a written decision to the employee within fifteen (15) calendar days from receipt of
the grievance.
(f) Step 5 - Grievance Appealed To Arbitration - Except as provided in 8.4(g) of this
Article, a grievance which is not resolved as set forth may be appealed to arbitration.
Either party may invoke arbitration upon submission of a written request for same
1992-1994 LABOR AGREEMENT - 4
(g)
which identifies the previously filed grievance and sets forth the issue(s) which the
moving party seeks to have arbitrated.
A joint request of the Union and the City Manager shall then be forwarded to the
Public Employment Relations Commission (PERC) within seven (7) calendar days for
assignment of an arbitrator from its staff. 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 compliance with 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. In the event that the Public Employment Relations
Commission establishes fees for the assigned arbitrator during the term of this
Agreement, such expenses and fees incumbent to the services of the arbitrator shall be
borne equally by the Employer and the Union.
Any grievance which the City's management may have against the Union shall be
reduced to writing and submitted to the President of the Union local. If the matter is
not satisfactorily settled within fifteen (15) calendar days, appeal may be instituted as
set forth in 8.3(0, Step 5, above.
(h) If the subject matter of a grievance could be appealed to the Civil Service Commission
for fire employees of the City of Yakima, the matter may be submitted for
determination to the Civil Service Commission or arbitration, but not both. After the
Union has received the City Manager's answer at Step 4, it will advise the affected
employee whether it is willing to submit the grievance to arbitration and, if so, the
employee shall elect within 10 days after the Step 4 answer the forum in which the
matter is to be heard. Submission of the dispute to arbitration or a hearing by the
Civil Service Commission shall bar submission in the other forum.
8.4 Special Provisions.
(a) A Union representative and/or aggrieved party shall be granted time off without loss
of pay for the purpose of processing a grievance as provided in 8.3(0, Step 5, above.
(b) A grievance may be entertained in or advanced to any step in the grievance procedure
if the parties so jointly agree.
(c) The time limits within which action must be taken or a decision made as specified in
this procedure may be extended by mutual written consent of the parties involved. A
statement of the duration of such extension of time must be signed by both parties
involved at the step to be extended.
1992-1994 LABOR AGREEMENT - 5
(d) Non -contract disputes only: Wages, hours and working conditions not specifically
covered by the terms and conditions of this Agreement shall be subject to the
grievance procedure up to, but not including, arbitration. If the City and the grievant
are unable to reach agreement at the City Manager level, where the grievance is not
subject to arbitration, a three person board will be formed. Management will select
one member and the Union will select one member of the Board. The two members
will select the third member who shall act as chairperson. All members of this Board
must be citizens or employees of the City of Yakima. In the event the two members
cannot agree as to the selection of the third member, each member may submit one
name whereby the chairperson shall be selected by lot. Any expenses for the services
of the third party chairperson shall be borne equally by the parties. The decision of
this Board shall be binding on the parties in non -contractual grievances.
ARTICLE 9 - RELEASE FROM DUTY
9.1 Union Business Leave. Such officers and members of the Union as may be designated
by the Union normally not to exceed three (3) in number at any one (1) time, shall be
granted fifteen (15) duty shifts of time off for Union business, provided that a maximum of
ten (10) of these fifteen (15) shifts off will be paid at the standard rate granted for any leave
with pay. Business leave includes attending labor conventions and educational conferences
regarding collective bargaining, provided that notice of such conventions or conferences shall
be given at least one (1) week prior thereto to the Chief of the Fire Department, and
provided further that the total leave for this bargaining unit for the purpose set forth in this
section shall not exceed fifteen (15) duty shifts in any calendar year. Furthermore, partial
shifts may be utilized by employees for departure or return provided Department established
minimum manning levels are maintained after the absence of the person(s) to be released on
Union Business Leave.
ARTICLE 10 - COLLECTIVE BARGAINING COMMITTEES
10.1 Collective bargaining between the parties shall be carried out by the City Manager or
his designees, on behalf of the City Council, and a committee representing the Union. No
later than August 5 of each year, the Secretary of the Union and the City Manager shall
notify one another regarding the names of persons constituting their respective bargaining
committees. If a communication is forwarded previous to that date, a response will be made
within ten (10) working days.
10.2 Members of the Union negotiating committee, not exceeding three (3) in number,
shall be granted leave from duty without loss of pay for all meetings between the City and
the Union for the purpose of negotiating the terms of a contract during the pre -impasse period
as provided in 12CW 41.56, as amended, when such meetings take place at a time during
which any such members are scheduled to be on duty.
1992-1994 LABOR AGREEMENT - 6
10.3 Members of the Union negotiating committee, not to exceed three (3) in number, shall
be granted leave in the post -impasse period without loss of pay, except that when such leave
reduces the manpower level below that established as the minimum manpower requirement of
the Department, such leave shall be without pay.
ARTICLE 11 - COLLECTIVE BARGAINING PROCEDURE
11.1 General. All negotiable matters pertaining to wages, hours and working conditions
shall be established through the negotiation procedure as provided by RCW 41.56. No
ordinances existing at the time of execution of this Agreement relating to wage, hours and
working conditions for members of the bargaining unit shall be amended or repealed during
the term of this Agreement without written concurrence of both parties.
11.2 Each year, as appropriate, the Union shall submit to the City Manager and the City
Manager may submit to the Union a written proposal for any changes in matters pertaining to
wages, hours and working conditions desired by the Union or the City for the subsequent
year. These written proposals shall be submitted in accordance with the requirements of
RCW 41.56, as amended by S.B. 2852 (1979). The Union and the City shall follow the
collective bargaining procedure set forth in the said statue. All agreements reached shall be
reduced to writing which shall be signed by the City Manager and the Union's
representatives.
ARTICLE 11A - SAFETY
11A.1 The Employer shall comply and require all employees to comply with the
requirements, current and as may hereafter be amended, of WAC Chapter 296-305. The
parties will study WAC Chapters 296-24 and 296-62 concerning whether these chapters
should also be incorporated in their agreement.
11A.2 No employee shall respond to a fire emergency on a fire apparatus that is staffed by
fewer than three firefighters; provided that:
The Brush Truck, Tankers, Airport Crash Rescue, and Air Truck vehicles shall
continue with present staffing practices;
(Addition of Air Truck language approved_ on 201y 1992.) By:
Richard Zais;ity Manager Ron Jolnsofi, President IAFF #469
On responses from the Fruitvale station, Reserves under supervision of a career officer
may be used to provide adequate staffing.
The parties will bargain concerning emergency response staffing in the event of new
circumstances.
1992-1994 LABOR AGREEMENT - 7
10.3 Members of the Union negotiating committee, not to exceed three (3) in number, shall
be granted leave in the post -impasse period without loss of pay, except that when such leave
reduces the manpower level below that established as the minimum manpower requirement of
the Department, such leave shall be without pay.
ARTICLE 11 - COLLECTIVE BARGAINING PROCEDURE
11.1 General. All negotiable matters pertaining to wages, hours and working conditions
shall be established through the negotiation procedure as provided by RCW 41.56. No
ordinances existing at the time of execution of this Agreement relating to wage, hours and
working conditions for members of the bargaining unit shall be amended or repealed during
the term of this Agreement without written concurrence of both parties.
11.2 Each year, as appropriate, the Union shall submit to the City Manager and the City
Manager may submit to the Union a written proposal for any changes in m ers pertaining to
wages, hours and working conditions desired by the Union or the City for th subsequent
year. These written proposals shall be submitted in accordance with the requirements of
RCW 41.56, as amended by S.B. 2852 (1979). The Union and the City shall follow the
collective bargaining procedure set forth in the said statue. All agreements reached shall be
reduced to writing which shall be signed by the City Manager and the Union's
representatives.
ARTICLE 11A - SAFETY
11A.1 The Employer shall comply and require all employees to comply with the
requirements, current and as may hereafter be amended, of WAC Chapter 296-305. The
parties will study WAC Chapters 296-24 and 296-62 concerning whether these chapters
should also be incorporated in their agreement.
11A.2 No employee shall respond to a fire emergency on a fire apparatus that is staffed by
fewer than three firefighters; provided that:
The Brush Truck, Tankers, and Airport; Crash Rescue vehicles shall continue with
present staffing practices;
On responses from the Fruitvale station, Reserves under supervision of a career officer
may be used to provide adequate staffing.
The parties will bargain concerning emergency response staffing in the event of new
circumstances.
ARTICLE 11B - PROMOTIONAL STANDARDS
11B.1 All promotions to positions within the bargaining unit shall be made solely on merit,
1992-1994 LABOR AGREEMENT - 7
efficiency and fitness ascertained by open competitive examination among bargaining unit
personnel. Examinations shall fairly, objectively and comprehensively test for qualifications
for the position. A description of the subject matter to be covered by each examination shall
be provided to the Union and posted conspicuously not less than 60 days prior to the
examination. Text and reference materials that are suitable and may be used for study
purposes will be maintained by the Employer and will be available to those employees who
wish to prepare for the examination.
11B.2 Examinations shall be administered by the Chief Examiner of the Yakima Fire Civil
Service Commission. Each examination shall have a written portion (consisting of one or
more types of written examination) that shall constitute fifty percent of the total score and an
oral portion (that may consist of role playing exercises, problem solving situations and other
tests that are germane to testing relevant skills) that shall constitute fifty percent of the score.
The oral board shall consist of four qualified examiners who are not employed by the City of
Yakima, two of whom are selected from a list of six submitted by the Employer and two of
whom are selected from a list of six submitted by the Union. Both lists shall be balanced
concerning ethnicity and other protected status. The Employer and the Union may each
designate an observer to attend the administration of the examination. The Chief Examiner
shall determine weighting of each component within the two major examination areas, which
shall be included in the notice of the examination. Candidates must score 70% or higher on
both written and oral portions of the examination to obtain a passing score.
11B.3 For each examination, the Chief Examiner shall insure that the examination is
impartially administered and that, except for such assistance from the Human Resources
Department as the Chief Examiner requires, no other City personnel, including those outside
the bargaining unit, have prior access to or prior notice of specific examination procedures or
questions or the identity of the oral examiners selected for the examination. In preparation
for the creation of each examination, representatives of the parties shall meet with the
examiner and the Employer shall identify the qualifications it seeks for its promoted person-
nel. A Union representative may, at the Union's option, attend the meeting or meetings, and
may offer comments, suggestions or objections regarding how the examination will be
conducted. Candidates shall be permitted to review their examination scores and obtain
sufficient information to permit them to understand and learn from any mistakes or other
performance deficiencies.
11B.4 Four years service with the Yakima Fire Department as a paid Firefighter shall be
required for eligibility to test for Lieutenant, but no employee would be eligible for
promotion to Lieutenant until after five years total service as a paid Firefighter. Eighteen
months as a Lieutenant shall be required for eligibility to test for the position of Captain.
Promotional registers shall be valid for two years. For lieutenant and captain, a new
examination shall be conducted three months prior to expiration of the current list and
become effective upon expiration of the current list.
11B.5 At such time as a vacancy occurs and a decision is made to fill the vacancy by the
1992-1994 LABOR AGREEMENT - 8
appointing authority, the highest scoring candidate on the promotional register that was
current at the time the vacancy first occurred will be appointed to the position; provided that
the Employer may pass over the top scoring candidate for appropriate business reasons and
promote the second highest candidate instead. Contemporaneously with passing over any
candidate, the Employer shall furnish the employee and the Union Secretary, on request, the
reasons for doing so. In the event two or more candidates have identical scores, the
candidate with the greatest seniority, merit, efficiency and fitness shall be deemed highest
scoring. Employees promoted shall serve a probationary period of one year.
11B.6 If the Employer does not fill a promotional vacancy within 30 days:
(a) if there are two or more candidates on the register in effect on the date of the
vacancy, then that register shall remain in effect for that vacancy until the vacancy is
filled, and the highest scoring candidate on such register shall serve in the position in
an acting capacity until the Employer fills the vacancy;
(b) if there is only one candidate remaining on the register in effect on the date of the
vacancy, then, for purposes of filling the vacancy, the remaining candidate shall be
deemed the top scoring candidate on the next register and shall serve in the position in
an acting capacity until the employer fills the vacancy.
The selection procedure of paragraph 11B.5 shall remain applicable.
11B.7 If both parties agree, this article may be opened for renegotiation. If difficulties arise
in the administration of this article, they may be referred to the Labor/Management
Committee.
ARTICLE 11C - REFRESHMENT FUNDS
The Union may authorize bargaining unit members to furnish in-house refreshments;
provided that any proceeds from such activities shall be used in-house for the benefit of
bargaining unit members or, upon approval by the Union, donated to charitable organizations.
The Union shall be responsible for insuring that the refreshment funds are administered
consistent with applicable law.
ARTICLE 11D - FIRE DEPARTMENT RESERVES
11D.1 The reservists are volunteers who are reimbursed based on the system currently in
place.
11D.2 The purpose of the reserves is to augment and support total manpower, not replace
bargaining unit personnel.
1992-1994 LABOR AGREEMENT - 9
11D.3 Makeup of the Reserves. Reservists will be of two types:
1. One group need not be in top physical condition or fully trained in fire fighting
skills, but could do public education, teach first aid, assist non -emergency
personnel, and do other public service activities.
2. The second group would be limited to those reservists who have been properly
trained in fire fighting skills under department standards. They could fight
fires inside buildings, do rescue, climb ladders while carrying hose and
wearing an air pack, and also do non -fire fighting activities inclusive of but not
limited to hydrant testing, and work on the fire ground by carrying hose,
rolling hose, refilling air tanks, distributing new radio batteries, and other non -
fire fighting activities. Applicants for the Reserve Fire Force must meet the
following minimum requirements:
A. Must complete an application for Volunteer Reserve Firefighter
Program;
B. Must be a high school graduate or equivalent;
C. Must be 18 years of age at time of appointment;
D. Must pass the Department physical agility examination;
E. Must pass a physical examination by a physician selected by the City;
F. Must possess a valid Washington State Drivers License;
G. Must Undergo a background check;
H. Must pass an oral interview;
I. Must successfully complete an initial basic training (a minimum of 40
hours).
Everyone who wishes to improve fire safety may be eligible to volunteer and serve as a
Reserve fire fighter in either of the two frameworks above as long as it is in compliance with
the law.
11D.4 Organization of the Reserves.
1. Reserve fire fighters can be utilized at all City owned and/or operated fire
stations; provided that all stations shall at all times be under the supervision of
a paid officer or paid acting officer. This would allow neighborhood recruiting
and provide an opportunity to increase minority and disadvantaged recruiting.
2, During normal Department operations, reserves may augment and support
career personnel.
3. Reserves may be actively involved in the neighborhood. they could teach first
aid, give fire safety talks and other community activities.
1992-1994 LABOR AGREEMENT - 10
4. Reserves shall have a distinctive uniform to enable identification in all
circumstances.
5. Reserves shall observe normal station operating routines.
11D.5 Chain of Command.
1. During fire department operations, reserve fire fighters answer to paid officers
or paid acting officers.
2. The Reserves would be used before calling the districts for help.
11D.6 Training Requirements.
1. Career fire fighting personnel will be used to train reserves.
2. Shift career personnel assigned to training reserves shall have reasonable notice
of scheduled training.
3. Training sessions shall be scheduled in advance by the Training Division, on -
duty Battalion Chief or the Battalion Chief supervising the Reserves. Training
outside regular duty hours shall be limited to one evening per month for each
shift (e.g., A, B, C) between 7 p.m. and 9 p.m. All other training outside
regular duty hours shall be paid at overtime rates; provided that the supervising
officer at the Fruitvale Station shall have a flexible shift that permits
supervision of evening training while providing comparable schedule stability
and duty hours as other bargaining unit shift employees.
4. Reserves will be taught with IFSTA and other sanctioned department material -
the same material utilized by career personnel.
5. All new Reserve recruits shall complete a minimum of 40 hours of basic
training and pass a competency test before being allowed to respond to
emergency incidents.
6. All Reserves will be trained as 1st Responders (D's) or EMT (D's) at the
earliest possible time.
11D.7 Enforcement of this article is limited to the Union acting on behalf of bargaining unit
employees, and not on behalf of Reserves.
ARTICLE 12 - WAGES
12.1 Effective January 1, 1992, a 5.0% increase shall be applied to the base wage rates in
1992-1994 LABOR AGREEMENT - 11
effect December 31, 1991.
(All employees shall be classified and paid in accordance with the schedule set forth in
Appendix "A", which is attached hereto and made part of this Agreement. )
12.2 The parties shall negotiate commencing in July 1992 for wage rates to be effective on
and after January 1, 1993.
ARTICLE 13 - MEDICAL INSURANCE (to be done)
13.1 Employee Coverage - LEOFF I employees will be covered by a medical insurance
plan which generally provides for no deductible, 100% coverage. The City will pay the
entire premium for LEOFF I personnel. LEOFF II employees will be covered by a medical
insurance plan which generally provides for hospitalization, an 80%/20% major medical plan.
Office calls shall be paid at 100% for LEOFF II employees. LEOFF II employees will be
given the option to pay the difference in premium between the designated 100% coverage and
80%/20% insurance in effect during 1992, except that the deductible shall be as stated in
Section 13.4 of this agreement. The medical plan for the LEOFF II employee only shall be
at no cost to the employee .
13.2 Dependent Coverage - Eligible dependents will be covered by a medical insurance
plan which generally provides for hospitalization and an 80%120% major medical plan.
Office calls are included in the major medical plan. Effective July 1, 1992, the City shall
contribute up to $119.92 for dependent coverage. The City and the employee shall share
dependent medical program premiums in excess of the $119.92 per month contribution level
on a 65 % by the Employer and 35 % by the employee basis} with a maximum employee
contribution of $85.00 per month.
Employee contributions under this Article will be accomplished through normal payroll
deductions.
If the average LEOFF dependent composite cost for the bargaining unit goes below $119.92
said formula for cost sharing shall cease. This will be reviewed once per year according to
the data provided by Direct Administrators.
13.3 Retiree Coverage - The Medical Program shall provide retirees and dependents of
retirees the right to remain in the group plan as follows:
(a) LEOFF I retirees shall remain in the group medical plan at no cost to the
employee. LEOFF II retirees may elect to remain in the group medical plan until
they reach age 65, upon payment of the required premium.
(b) Spouses of retirees may remain in the group medical plan until they reach age
65 or in the case of spouses of deceased retirees, until they reach age 65 or remarry,
whichever occurs first.
1992-1994 LABOR AGREEMENT - 12
(c) Other dependents of retirees may remain in the group medical plan as long as
they remain eligible under the provisions of the plan or when coverage for the retiree
and spouse, or, the spouse of deceased retiree terminates, at which time such
dependent insurance coverage would cease regardless of the age of the dependents.
(d) Retirees, or spouses of deceased retirees, shall pay the premium and other
shared dependent coverage costs (including dependents if enrolled) which shall be
based on the same formula as active employees and dependents within the bargaining
unit. Premiums shall be paid by deduction from retirement checks paid to retired
employees or their beneficiary.
13.4 Deductible - The deductible for LEOFF II employees and eligible dependents of all
bargaining unit employees shall be Fifty Dollars ($50.00) per covered individual charged
semi-annually (maximum One Hundred Dollars ($100.00) per year) with a total family
deductible of One Hundred Fifty Dollars ($150.00) charged semi-annually (maximum Three
Hundred Dollars ($300.00) per family per year).
13.5 This cost containment provision and medical language section has been deleted and is
included in the Health Care Master Plan Document for the LA.F.F. Division portion of the
Employees' Handbook.
13.6 Long Term Disability Coverage. The City will pay fifty percent (50%) of the
premium for long term disability insurance for LEOFF II employees not to exceed $8.00 per
employee per month.
13.7 The City will take reasonable steps to qualify employee fringe benefit contributions for
benefits under Internal Revenue Code Section 125.
13.8 The parties agree to study and bargain an additional or alternative medical program as
well as the current medical program.
ARTICLE 14 - DENTAL INSURANCE
The City will pay the premium for employee and dependents for a "step insurance plan"
generally consisting of coverage for (a) 100% Usual, Customary And Reasonable Rate (UCR)
for standard exams; (b) 80% UCR for treatment; (c) 50% UCR for bridgework and dentures;
and (d) 50% UCR up to $2,000 lifetime maximum per person for orthodontic treatment. No
deductible would be required.
ARTICLE 15 - LIFE INSURANCE
The City will provide, without cost to the employee, $10,000 in face amount of life insurance.
1992-1994 LABOR AGREEMENT - 13
ARTICLE 16 - LONGEVITY PAY
Effective July 1, 1992, the City will pay longevity pay upon satisfactory completion of the
following service and at the designated rate:
Service In Years Percent Of Base Pay
5 1.5
10 3
15 4.5
20 6
24 8
Service in years shall be defined as in Article 28, Vacation Leave, of this Agreement.
ARTICLE 17 - SPECIAL PAYS
17.1 Acting Assignment. The City will pay acting assignment pay of at least 5% above the
normal base pay or the pay rate of the D -Step of the next higher pay grade, whichever is
greater, for an individual for such period of continuous service, provided the individual
serves a minimum of ten (10) hours in such higher classification, having been so assigned by
the Fire Chief or his designated agent and provided further that the individual exercises the
responsibility, including operation and administrative duties as they apply.
17.2 Station Reassignment: An employee who is reassigned from his/her scheduled station
assignment to a different fire station shall, upon application on standard travel reimbursement
forms, be reimbursed for the use of his/her personal automobile at the rate prescribed in
Section 17.4 of this Agreement. However, if twenty-four (24) hours advance notice is given
of the changed reporting location, payment is not authorized. Advanced notice is defined as
actual contact with a subject employee.
17.3 Call Back.
(a) An employee who is called back to duty after his scheduled shift has terminated, but
before the scheduled start of his next shift, shall receive premium pay for all hours
worked, but not less than two (2) hours of premium pay.
(b) The call back bonus will not be available for a "hold over" defined as an extension of
a regular or reassigned shift due to manning requirements or an emergency
circumstance. However, premium pay shall be paid for work performed.
17.4 The City shall pay each employee for his use, at the request of the City, of his
personal auto, not less than twenty six cents (26') per mile actually driven, or the actual cost
of applicable public transportation. In the event that the City increases mileage allowance
1992-1994 LABOR AGREEMENT - 14
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.
17.5 Uniform Maintenance. LEOFF employees shall be paid a seventy-five dollars
($75.00) uniform maintenance allowance semi-annually. Said amount will be payable the
first payday of February and of August. The City shall have the right to contract for uniform
maintenance services as it deems appropriate after which time no further uniform maintenance
allowances shall be payable.
ARTICLE 18 - VACATION LEAVE
18.1 Vacation Leave - Each LEOFF employee shall have a vacation account. Accruals to
this account for those working straight day shifts shall be at the following rates:
Service In Years Accruals Max.
Accrued
At Least But Less. Than Hrs/Mo Hrs/Yr Hours
0 3 6.67 80 160
3 7 8.00 96 192
7 10 10.00 120 240
10 15 12.00 144 288
15 20 14.00 168 336
20 16.00 192 384
Effective January 1, 1983, service in years is defined as the most recent period of
employment unbroken by voluntary termination, voluntary retirement, voluntary leaves of
absence in excess of thirty (30) days or termination for cause. Such service shall not be
considered broken by periods of disability leave up to six (6) months, disability retirement, or
medical leave without pay in excess of thirty (30) days for LEOFF II employees, if approved
by the Fire Civil Service Commission, during which times no service credit shall accrue with
the exception of disability leave for LEOFF I personnel which shall accrue service credit.
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.)
1992-1994 LABOR AGREEMENT - 15
18.2 Effective January 1, 1987, 24-hour shift personnel shall be eligible to carry maximum
vacation leave accumulations according to the following schedule:
Service In Years
Acc als Max.
Accrued
Hrs/Mo Hrs/Yr Hours
(a) 0-5 years 10 120 240
(b) Over 5 years -10 years 12 144 288
(c) Over 10 years -15 years 14 168 336
(d) Over 15 years -20 years 16 192 384
(e) Over 20 years 18 216 432
18.3 Effective January 1, 1989, any vacation accumulated over the stated limits shall be
paid at 100% of base wage as of December 31 of each year; provided, however, at least
75 % of the annual accrual rate for vacation must have been used during the year in order to
qualify for the payment; provided, however, if the Employer cancels an employee's
scheduled vacation and this cancelling results in vacation accumulation over the stated limits
as of December 31 of any particular year then the Employer will pay for said vacation at the
normal hourly rate. Payment for any vacation accumulated over the stated limits is subject to
the Employer's inability to reschedule the vacation time off. Neither party shall unreasonably
withhold approval of rescheduling of vacation previously cancelled.
18.4 If an employee is transferred from twenty-four (24) hour shift schedule to day shift
and is over the day shift maximum accrual, said employee will be given an opportunity to use
up leave within six (6) months from the date of transfer.
ARTICLE 19 - HOLIDAYS
19.1 (a) Effective January 1, 1986, all members of the bargaining unit will receive a
credit of 120 hours of holiday credit to their holiday account. New employees hired after
that date will receive holiday credits at the rate of 10 hours per month for all months
remaining in the calendar year. New employees must be scheduled to work for more than
one-half (1/2) of the month's shifts in order to receive holiday credit for the month in which
they were hired.
(b) Employees transferring from days to shifts will receive holiday credits at the
rate of ten (10) holiday hours per month for the calendar months remaining in the year.
Employees transferring from shifts to days will have ten (10) hours per month for each
calendar month remaining in the year deducted from their 120 hours of holiday credits which
shall not be reduced to less than zero credits. The employee's schedule which encompasses
more than one-half of a month shall determine whether or not credits are added or reduced
for that month.
1992-1994 LABOR AGREEMENT - 16
19.2 Holiday time must be used in the calendar year in which it was credited and may not
carry-over into successive calendar years. Unused holiday time will be paid at 100% of the
base wage as of December 31 of each year up to a maximum of 24 hours per employee.
19.3 An employee who uses up their 120 hours of holidays and leaves the Department
before December 31 shall have 10 hours removed from their earned leave account for each
month remaining in the year that the employee has not worked at least one (1) shift.
19.4 If an employee has not used the holiday time in the calendar year in which it was
earned due to long term sick leave, disability leave, disability retirement or layoff then the
employee shall be paid for unused holiday time at ten (10) hours per month for those months
in which the employee has actually worked at least five (5) shifts.
ARTICLE 20 - SICK LEAVE ACCRUAL/EXCHANGE
20.1 Regular LEOFF II employees working a 24-hour shift schedule 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:
No exchange of accrued sick leave for additional leave days or for cash will be granted for
those employees with 1080 hours or less of accrued sick leave except:
(a) Upon retirement or death, the employee's accrued sick leave up to 1080 hours
or less will be exchanged for pay at the rate of 50% of the employee's current base
pay.
(b) Upon termination under honorable conditions, as distinct from retirement or
death, the employee's accrued sick leave up to 1080 hours or less will be exchanged
for pay at the rate of 25 % of the employee's current base pay. Honorable termination
includes resignation with proper notice.
(c) Upon involuntary termination under honorable conditions, e.g., layoff for
budget reasons, accrued sick leave up to 1080 hours or less will be exchanged for pay
at the rate of 50% of the employee's current base pay.
(d) In the event of death in line of duty, accrued sick leave up to 1080 hours or
less will be exchanged for pay at the rate of 100% of the employee's current base pay.
(e) In no event shall the cash out exceed the sum of Six Thousand Two Hundred
Fifty Dollars ($6,250.00).
20.2 Exchange of accrued sick leave for additional leave days or for cash will be granted to
regular LEOFF II employees who have accrued more than 1080 hours of sick leave, subject
to the following provisions:
1992-1994 LABOR AGREEMENT - 17
(a) Upon retirement or death, 1080 hours of accrued sick leave will be exchanged
for pay at the rate of 100% of the employee's current base pay.
(b) Upon termination under honorable conditions, as distinguished from death or
retirement, 1080 hours of accrued sick leave will be exchanged for pay at the rate of
50% of the employee's current base pay.
(c) Employees who have accrued more than 1080 hours of sick leave may
exchange such sick leave for bonus (additional) leave at the rate of 4 shifts of sick
leave for each additional vacation shift, not to exceed a total of 5 added vacation shifts
annually, utilization of which would be subject to the scheduling and approval of the
department head.
(d) Upon involuntary termination under honorable conditions, e.g., layoff for
budget reasons, 1080 hours of accrued sick leave will be exchanged for pay at the rate
of 50% of the employee's current base pay.
(e) In the event of death in the line of duty, 1080 hours of accrued sick leave will
be exchanged for pay at the rate of 100% of the employee's current base pay.
(f) In no event shall the cash out exceed the sum of Twelve Thousand Five
Hundred Dollars ($12,500.00).
20.3 The maximum accumulation of sick leave shall be a total of 1,440 hours for any
purpose including use and/or exchange.
20.4 Sick Leave Exchange Procedure - Any regular LEOFF II employee may exchange
accrued sick leave as provided in Sections 20.1, 20.2, 20.6, 20.7 or 20.8 herein at the option
of the employee, subject to the following conditions and provisions, effective January 1,
1986:
(a) Authorization for such an exchange shall be made by time ticket submitted to
the Fire Chief or his designee.
(b) No exchange will be granted for less than 24 hours of vacation leave.
(c) No exchange will be granted to an employee who has been terminated for
cause.
20.5 Regular LEOFF II employees hired on or after October 1, 1979, shall be granted sick
leave in accordance with Municipal Code 2.22.075.
20.6 LEOFF II personnel working a 40 -hour week shall be eligible to exchange sick leave
according to the following schedule. A maximum of 960 hours may be accumulated for
either exchange or use.
1992-1994 LABOR AGREEMENT - 18
No exchange of accrued sick leave for additional leave days or for cash will be granted for
employees with 720 hours or less of accrued sick leave, except:
(a) Upon retirement or death, the employee's accrued sick leave up to 720 hours
or less will be exchanged for pay at the rate of 50% of the employee's current base
pay.
(b) Upon termination under honorable conditions, as distinct from retirement or
death, the employee's accrued sick leave up to 720 hours or less will be exchanged for
pay at the rate of 25% of the employee's current base pay. Honorable termination
includes resignation with proper notice.
(c) Upon involuntary termination under honorable conditions, e.g., layoff for
budget reasons, accrued sick leave up to 720 hours or less will be exchanged for pay
at the rate of 50% of the employee's current base pay.
(d) In the event of death in line of duty, accrued sick leave up to 720 hours or less
will be exchanged for pay at the rate of 100% of the employee's current base pay.
(e) In no event shall the cash out exceed the sum of Six Thousand Two Hundred
Fifty Dollars ($6,250.00).
20.7 Exchange of accrued sick leave by 40 -hour week employees for additional leave days
or for cash will be granted to regular LEOFF II employees who have accrued 720 hours or
more, subject to the following provisions:
(a) Upon retirement or death, the employee's accrued sick leave up through a
maximum 720 hours will be exchanged for pay at the rate of 100% of the employee's
current base pay.
(b) Upon termination under honorable conditions, as distinguished from death or
retirement, the employee's accrued sick leave up through a maximum of 720 hours
will be exchanged for pay at the rate of 50% of the employee's current base pay.
(c) Upon involuntary termination under honorable conditions, e.g., layoff for
budget reasons, the employee's accrued sick leave up through a maximum of 720
hours will be exchanged for pay at the rate of 50% of the employee's current base
pay.
(d) In the event of death in the line of duty, the employee's accrued sick leave up
through a maximum of 720 hours will be exchanged for pay at the rate of 100% of
the employee's current base pay.
(e) Employees who have accrued more than 720 hours of sick leave may exchange
1992-1994 LABOR AGREEMENT - 19
such sick leave for bonus (additional) leave at the rate of 32 hours of sick leave for an
additional vacation leave day, not to exceed a total of 40 hours added vacation leave
days annually, utilization of which would be subject to the scheduling and approval by
the department head.
(f) In no event shall the cash out exceed the sum of Twelve Thousand Five
Hundred Dollars ($12,500.00).
20.8 In December of each year, any accruals by 40 -hour week employees beyond the 960
hour limitation will be automatically exchanged based upon the formula of 8 hours pay for
each 32 hours accrued or a percentage thereof for smaller accruals. Such pay will appear on
the employee's final paycheck for the year.
20.9 LEOFF II personnel reassigned from shifts to days shall have all hours of accrued sick
leave converted on the basis of one (1) hour sick leave for every three (3) hours accrued at
the time of reassignment. Personnel reassigned from days to shifts shall have all hours of
accrued sick leave converted on the basis of three (3) hours sick leave for every one (1) hour
accrued at the time of reassignment.
ARTICLE 21 - BIRTHING LEAVE
21.1 A LEOFF I employee shall be authorized to use vacation leave, compensatory time,
holiday time, or other accrued time -off on the day his wife gives birth. The employees shall
be released by his commanding officer upon the arrival of a replacement if such is needed to
maintain Departmental daily staffing requirements.
21.2 A LEOFF II employee shall be authorized to use sick leave on the day his wife gives
birth. The employee shall be released by his commanding officer upon the arrival of a
replacement if such is needed to maintain Departmental daily staffing requirements. If the
employee's sick leave has been exhausted, vacation leave, holiday time, compensatory time,
or other accrued time off may be used in lieu of sick leave.
ARTICLE 22 - COMPENSATORY TIME OFF
22.1 Employees shall have the option of receiving payment or credited time off at the rate
of one and one-half (1.5) actual overtime hours worked in accordance with Municipal Code
Section 2.22.040. Compensatory time shall be separately accounted for and will have to be
cleared by use or pay by December 31, annually.
Up to one (1) average work week's worth of hours may be accumulated (i.e., forty (40)).
Use shall be scheduled at the City's discretion with due regard to the wishes of the employees
and the City's work requirements.
22.2 Court Appearance Leave - In the event members of the bargaining unit receive a
1992-1994 LABOR AGREEMENT - 20
subpoena to appear in court to provide testimony in an official capacity, such required
absence from scheduled duty shall be considered time worked for pay purposes. When said
employees are required to appear in court in an official capacity in their off duty hours, they
shall be paid at the applicable rate for such time. Verification of court attendance shall be
on a form prescribed by the Fire Department and shall include a statement of hours signed by
the relevant court clerk.
22.3 An off duty employee who is required by the Chief of the Department to testify before
the Civil Service Board on matters pertaining to his assigned duties shall be compensated for
actual time in attendance in accordance with 22.2 of this Article. Verification of attendance
shall be on a form prescribed by the Fire Department and shall include a statement of hours
of attendance signed by the Chief of the Department.
22.4 Training Time - Off duty training of fire fighters that is required by the Chief or the
Department or his designee shall be paid at time and one-half the straight -time pay for each
hour or portion thereof that is spent in actual training.
ARTICLE 23 - OVERTIME
23.1 Only the hours that an employee is physically present on his assigned shift or work
period are considered hours worked.
23.2 When employees assigned to a 24-hour shift work more than 204 hours on their
assigned shifts in a 27 day work period, or in the case of other employees, 40 hours in a 7
day work period, such employees shall be paid at the overtime rate required by the Fair
Labor Standards Act for all hours worked in excess of 204 hours or 40 hours, respectively.
23.3 Premium Duty Pay - Personnel not on their normally scheduled shifts, who are not
assigned to work, except as noted in 24.4 below, shall be paid at the overtime rate required
by the Fair Labor Standards Act.
23.4 Emergency Duty Pay - When personnel are called from off-duty by the Fire Chief or
his designate because of an emergency, the emergency duty pay rate shall be calculated by
dividing base monthly salary by 173.33 and multiplying the result by 1.5.
23.5 Fractions of an hour served on overtime duty shall be rounded to the next full hour
for the purpose of computing the amount of overtime.
ARTICLE 24 - DUTY WEEK
The average hours of duty for 24-hour shift employees shall average fifty-two (52) hours per
week.
1992-1994 LABOR AGREEMENT - 21
ARTICLE 25 - SMOKING ON DUTY
The Union and the City recognize that health problems are caused by smoking and therefore
agree to the elimination of the use of all tobacco products by all members of the Fire
Department from all areas within fire stations, administrative offices, shops and any other
buildings or facilities of the Fire Department. Violations of these provisions shall constitute a
basis for disciplinary action to be handled in accordance with normal disciplinary procedures.
ARTICLE 26 - WEIGHT CONTROL/PHYSICAL FITNESS
26.1 There shall be established a physical fitness committee. Composition of the committee
shall consist of:
(1) Two members of management.
(2) Two members of the bargaining unit.
(3)
One member from outside the department, selected by the other four members
to serve as chairperson. The outside representative should have the following
professional characteristics: Experience or education in physical fitness,
medicine or related field.
The purpose of the committee is to develop a physical fitness program; establish policy;
manage the on-going program; and, make appropriate recommendations on awards and/or
discipline.
All personnel will be required to meet the physical fitness standards as defined by the
physical fitness committee. Personnel failing any portion of the standard will be monitored
on an on-going basis to insure a regular effort is made to progress in the deficient area(s).
Individuals will have a period of time, as determined by the committee, to achieve a
minimum standard as long as progress is measurable and legitimate injury does not impede
such progress. After the period of time set by the committee and no measurable progress is
made then corrective or disciplinary action may be taken as provided for in Article 4.
Upon request by the fitness committee, only the medical results that pertain to physical fitness
shall be given to the committee.
26.2 Effective January 1, 1984, employees in the bargaining unit shall be required to have
physical examinations to be scheduled by and at the expense of the City. Examinations shall
be required at ages 40, 45, 50, and bi-annually after age 50. The results of a medical
examination as they relate to health/fitness to carry out job responsibilities will be forwarded
to the physical fitness committee.
1992-1994 LABOR AGREEMENT - 22
ARTICLE 27 - CREATION OF NEW CLASSIFICATIONS
The salary, hours of work, working conditions, selection criteria and fringe benefits for all
newly created classifications or classification modifications within the bargaining unit shall be
negotiated with the Union prior to the filling of any position within the new classification.
ARTICLE 28 - ENTIRE AGREEMENT
28.1 The Agreement expressed herein in writing constitutes the entire Agreement as
negotiated between the parties and no oral statement shall add to or supersede any of its
provisions.
28.2 The City and the Union agree to establish a regular monthly meeting for the purpose
of discussing matters considered of importance to them respectively and to maintain a channel
of communication. It is intended that such communication be used as a tool to prevent
problems from developing and to solve problems which have surfaced.
The City and the Union may voluntarily and mutually agree upon solutions to the
aforementioned problems, real or developing, and such agreements shall, when appropriate,
be reduced to a memorandum and attached to this Agreement.
28.3 Date of Hire List - The City will provide a date of hire list no later than February 1st of
each year to be posted at all fire stations.
ARTICLE 29 - SAVINGS CLAUSE
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.
ARTICLE 30 - MUNICIPAL CODE SECTIONS PERTAINING TO FIRE
DEPARTMENT LEOFF EMPLOYEES
2.04
2.04.010
2.04.030
2.16
2.16.010
Group Insurance
Plan Adopted
City Contributions
Bonds For Officers
Bonds Required - Amount
2.20 Salaries
2.20.010 Persons Subject to the Plan
2.20.040 Policy for Pay Steps
1992-1994 LABOR AGREEMENT - 23
2.20.060 Transfer, Promotion, Reclassification, Demotion or
Reinstatements of Employees
2.20.070 Reduction in Salary
2.20.085 Reimbursement for Expenditures
2.20.086 Reimbursed Expenditures - Amounts
2.20.088 Uniform Allowance - Special Assignment Pay
2.20.100 Classification Plan
2.20.110 Compensation Plan
2.22 Fire Department - Working Conditions
2.22.010 Work Week
2.22.020 Calling Off -Duty Firefighters in an Emergency
2.22.030 Compensation
2.22.040 Overtime Pay
2.22.050 Special Assignment Pay
2.22.060 Time -off Privileges - Vacation Leave
2.22.070 Time -off Privileges - Compassionate Leave
2.22.075 Time -off Privileges - Sick Leave
2.22.080 Holidays
2.24 Longevity Plan
2.24.010 Longevity Plan - Eligibility - Restrictions
2.24.015 Longevity Plan - Service Recognition Award
2.24.020 Leave Of Absence for Service in Armed Forces
2.40 Leaves Of Absence
2.40.030 Sick Leave
2.40.040 Civil Leave
2.40.050 Military Leave
2.40.060 Leave Without Pay
2.40.070 Unauthorized Absence
2.44 Lobbying by City Personnel
2.44.030 Permitted Activities of Representatives
2.44.040 Payment for Services of Representative
2.44.050 Prohibited Expenditures
2.44.060 Ethical Practices and Conduct
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.
1992-1994 LABOR AGREEMENT - 24
ARTICLE 31 - NO PYRAMIDING
Nothing contained in this Agreement shall be interpreted as requiring a duplication or
pyramiding of overtime payments involving the same hours of labor except as otherwise
specifically provided in this Agreement.
ARTICLE 32 - TERM OF AGREEMENT
This Agreement shall be deemed effective from and after the 1st day of July, 1992, and shall
terminate on the 31st day of December, 1994; 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.
1992-1994 LABOR AGREEMENT - 25
Recommended b
/r'
Ron Johnson,
President
Local 469, I.A.F.F.
Executed by the parties hereto this a 3
CITY OF YAKIMMAA
R. A. Zais Jr.
City Manager
ATTEST:
City Clerk
Anthony F. Menke,
Labor Lawyer/Negotiator
City of Yakima
"day of June, 1992.
LOCAL 46`9, INT • ' ATM/NAL ASSOCIATION OF FIREFIGI-ITERS, AFL-CIO
*Rik. I/1lilF `l
ent
10549294
'0TV CO a ifeT ?1O:
1992-1994 LABOR AGREEMENT - 26
RESOLUTION NO. D 6141
A RESOLUTION authorizing and directing the City Manager and City
Clerk of the City of Yakima to execute a collective
bargaining agreement for calendar years 1992, 1993
and 1994 with the International Association of
Firefighters, Local 469, AFL-CIO.
WHEREAS, pursuant to requirements of state law, labor
tions have occurred between the City and the International
tion of Firefighters, Local 469, AFL-CIO, resulting in the
negotia-
Associa-
attached
proposed collective bargaining agreement for calendar years 1992,
1993 and 1994, and a Memorandum of Understanding covering civil
service rules
cases, and
WHEREAS the City
issues
and
particular individuals' disciplinary
Council deems it to be in the best interests
of the City that the collective bargaining agreement and Memorandum
of Understanding be executed by the City, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE' CITY OF YAKIMA:
The City Manager and City Clerk of the City of Yakima are
hereby authorized and directed to execute a collective bargaining
agreement for calendar years 1992, 1993 and 1994, and a Memorandum
of Understanding, with the International Association of
Firefighters, Local 469, AFL-CIO, copies of which documents are
attached hereto and by reference made a part hereof.
ADOPTED BY THE CITY COUNCIL this 23rdday of June, 1992.
s/Pat Berndt
MAYOR
ATTEST:
s/Karen S. Roberts. CMC
CITY CLERK
(res/fireftrs.sc)