HomeMy WebLinkAboutR-1993-043 Collective bargaining / IAFF (PERS)RESOLUTION NO. 93- 4 3
A RESOLUTION authorizing and directing the City Manager and City Clerk
of Yakima to execute a collective bargaining agreement for
calendar year 1993 with the International Association of
Firefighters (PERS).
WHEREAS, pursuant to requirements of state law, labor negotiations
have occurred between the City and PERS Fire Department employees
represented by the International Association of Firefighters (PERS), Local 469,
AFL-CIO, resulting in the attached proposed collective bargaining agreement
document for calendar year 1993, and
WHEREAS, the City Council deems it to be in the best interests of the
City that such collective bargaining agreement 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 year 1993 with the International Association of Firefighters (PERS),
Local 469, AFL-CIO, a copy of which collective bargaining agreement is
attached hereto and by reference made part hereof.
ADOYI'ED BY THE CITY COUNCIL this - f' day of May, 1993.
ATTEST:
MAYOR
CITY CLERK
COLLECTIVE BARGAINING AGREEMENT
COVERING PERS FIRE DEPARTMENT EMPLOYEES
By and Between
THE CITY OF YAKIMA, WASHINGTON
and
LOCAL 469,
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS,
AFL-CIO
EFFECTIVE:
January 1, 1993 until December 31, 1993
OR
r:‘,
GENERAL PROVISIONS
ARTICLE I
ARTICLE II
ARTICLE III -
ARTICLE IV
ARTICLE V
ARTICLE VI
ARTICLE VII
ARTICLE VIII
ARTICLE IX
ARTICLE X
ARTICLE XI
TABLE OF CONTENTS
- UNION RECOGNITION AND BARGAINING UNIT
- UNION SECURITY
- PAYRO11 DEDUCTIONS
- MANAGEMENT RIGHTS
- PRODUCTIVITY 3
- EQUAL OPPORTUNITY CLAUSE 3
- PROPERTY LIABILITY 3
- GRIEVANCE PROCEDURE 4
- RELEASE FROM DUTY 6
- COLLECTIVE BARGAINING COMMITTEES - 7
- COLLECTIVE BARGAINING PROCEDURE 8
1
2
PROVISIONS APPLICABLE TO WAGES AND BENEFITS
ARTICLE XII
ARTICLE XIII
ARTICLE XIV
ARTICLE XV
ARTICLE XVI
ARTICLE XVII
ARTICLE XVIII
- WAGES
- MEDICAL, VISION, DENTAL AND LIFE INSURANCE 9
- LONGEVITY PAY 13
- SPECIAL PAYS 13
- VACATION LEAVE 14
- SICK LEAVE/EXCHANGE OR CASHOUT
- COMPENSATORY TIME OFF
9
MISCELLANEOUS PROVISIONS
ARTICLE XIX
ARTICLE XX
ARTICLE XXI
ARTICLE XXII
ARTICLE XXIII
ARTICLE XXIV
ARTICLE XXV
ARTICLE XXVI
ARTICLE XXVII
ARTICLE XXVIII
ARTICLE XXIX
ARTICLE XXX
ARTICLE XXXI
- ALARM OFFICE PROVISIONS
- TRAINING TIME
- CLASSIFICATION
18
20
20
- SMOKING ON DUTY 20
- WEIGHT CONTROL/PHYSICAL FITNESS ................. 20
- CREATION OF NEW CLASSIFICATIONS 21
- ENTIRE AGREEMENT 21
- SAVINGS CLAUSE 22
- MUNICIPAL CODE SECTIONS PERTAINING
TO FIRE DEPARTMENT PERS EMPLOYEES 22
- NO PYRAMIDING 23
- OVERTIME 23
- TOOL ALLOWANCE FOR ELECTRONIC
TECHNICIANS AND MAINTENANCE MECHANIC 23
- TERM OF AGREEMENT 24
Signature Page 24
Appendix "A"�
Appendix "B"
25
26
16
18
COLLECTIVE BARGAINING AGREEMENT
COVERING PERS FIRE DEPARTMENT EMPLOYEES
By and Between
THE CITY OF YAKIMA, WASHINGTON
and
LOCAL 469,
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS,
AFL-CIO
This Agreement is made and 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.
GENERAL PROVISIONS
ARTICLE I - UNION RECOGNITION AND BARGAINING UNIT
The City hereby recognizes the Union as the exclusive bargaining representa-
tive for all regular Fire Department employees in the Public Employees
Retirement System (PERS) classifications as set forth in Appendix "A" of this
Agreement (as certified by the Public Employment Relations Commission
Decision No. 837-PECB). Excluded from the bargaining unit are the fire chief,
deputy fire chief, battalion chiefs, administrative assistant, uniformed
firefighter personnel and temporary employees. Future classifications may be
included in the bargaining unit subject to appropriate proceedings before the
Public Employment Relations Commission (PERC).
ARTICLE II - 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 base mandatory dues and
assessment which shall be a condition of continued employment. Said
membership or fee payment shall become mandatory upon successful com-
pletion of a one (1) year period of service with the Fire Department and in ac-
cordance 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 III - 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 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 aris-
ing 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 notifica-
tion 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 IV - 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 poli-
cies 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.
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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 as
provided in the General Rules and Regulations of the Fire Civil Service
Commission of the City of Yakima.
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 in an emergency.
ARTICLE V - PRODUCTIVITY
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.
ARTICLE VI - 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 classifica-
tion. Nothing in this section shall prohibit the City from establishing bona
fide occupational qualifications.
ARTICLE VII - 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.
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ARTICLE VIII - GRIEVANCE PROCEDURE
8.1 Policy. The parties recognize that the most effective accomplishment
of the work of the City requires prompt consideration and equitable adjust-
ments of employees' grievances. It is the desire of the parties to adjust griev-
ances informally whenever possible, and both management and employees
are expected to make every effort to resolve problems as they arise. However,
it is recognized that there may be a grievance which can be resolved only after
a formal review. Accordingly, the following procedure is hereby established
in order that grievance 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 and shall not include specific provisions of the General Rules and
Regulations of the Civil Service Commission for fire employees of the City of
Yakima.
8.3 Process.
(a) To be reviewable under this procedure a grievance must:
- Concern matters or incidents that have occurred.
- Result from an act or omission by management regarding
aspects of this Agreement over which the City has control.
- Arise out of a specific situation, act or acts complained of as
being unfair which result in inequity or damage to an
employee.
- Specify the relief sought which relief is within the power of the
City to grant.
(b) Step 1 - Discussion With Supervisor - As soon as possible, but in
no case later than thirty (30) calendar days after an employee has
been made reasonably aware of a wrongful act charged, 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, then the grievance may be
submitted to the Division Supervisor within twenty (20) calen-
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dar 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 vio-
lated 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 employee is
dissatisfied with the decision of the Chief of the Department, the
employee 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 - A grievance which
is not resolved as set forth may be appealed to arbitration. Either
party may invoke arbitration upon submission of a written
request for same which identifies the previously filed grievance
and sets forth the issue(s) which the moving party seeks to have
arbitrated.
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 arbi-
trator 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 sub-
mitted 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 jurisdic-
tion 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 estab-
lishes fees for the assigned arbitrator during the term of this
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Agreement, such expenses and fees incumbent to the services of
the arbitrator shall be borne equally by the Employer and the
Union.
(g) 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(f), Step 5, above.
8.4 Special Provisions.
(a) The term "employee" as used in this Article shall mean an indi-
vidual employee, or group of employees, accompanied by a
representative if so desired.
(b) A Union representative and/or aggrieved party shall be granted
time off without loss of pay for the purpose of processing a
grievance as provided in 8.3(f), Step 5, above.
(c) Grievances on behalf of an individual employee may not be
initiated or pursued without his or her consent.
(d) A grievance may be entertained in or advanced to any step in the
grievance procedure if the parties so jointly agree.
(e) 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 par-
ties involved at the step to be extended.
(f) Any grievance shall be considered settled at the completion of
any steps if all parties are satisfied or if neither party presents the
matter to a higher authority within the prescribed period of
time.
ARTICLE IX - 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 one (1) in number at
any one (1) time, shall be granted up to one hundred twenty (120) hours of
time off for Union business, provided that a maximum of seventy (70) of
these up to one hundred twenty (120) hours off will be paid at the standard
rate granted for any leave with pay. The City shall be obliged to release one (1)
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employee but may allow additional employees to be released simultaneously
based upon departmental operational requirements. Business leave includes
attending labor conventions and educational conferences regarding collective
bargaining, provided that notice of such conventions or conferences shall be
given at least one (1) week prior thereto to the Chief of the Fire Department,
and provided further that the total leave for this bargaining unit for the pur-
pose set forth in this section shall not exceed one hundred twenty (120) hours
in any calendar year. Furthermore, partial shifts may be utilized by employ-
ees 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.
9.2 Court Appearance Leave. In the event members of the bargaining unit
receive a subpoena to appear in court to provide testimony in an official
capacity, such required absence from scheduled duty shall be considered time
worked for pay purposes. When said employees are required to appear in
court in an official capacity in their off duty hours, they shall be paid at the
applicable rate of pay 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.
9.3 Civil Service Board Appearances. An off duty employee who is
requested by the Chief of the Department to testify before the Civil Service
Board on matters pertaining to the assigned duties shall be compensated for
actual time in attendance in accordance with 9.2 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 Depart-
ment.
ARTICLE X - 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 1 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 meet-
ings between the City and the Union for the purpose of negotiating the terms
of a contract during the pre -impasse period as provided in RCW 41.56, as
amended, when such meetings take place at a time during which any such
members are scheduled to be on duty.
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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 XI - COLLECTIVE BARGAINING PROCEDURE
11.1 General. All negotiable matters pertaining to wages, hours and work-
ing conditions shall be established through the negotiation procedure as pro-
vided 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 Chapter
41.56 RCW. 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.
11.3 Impasse Resolution.
(a) Mediation - In the event the Union and the City are unable to
resolve any negotiable matters relating to wages, hours and
working conditions for PERS employees, and before any final
City Council action by ordinance, resolution or otherwise, either
party may request mediation. Said request must be filed within
seven (7) calendar days from the declaration of impasse. Before
mediation is requested, the unresolved matter may be reduced to
writing and reasonable notice given to the other party of inten-
tions to seek mediation. Mediation shall be conducted by the
Washington State Public Employment Relations Commission.
(b) Consideration By City Council - In the event the Union and the
City are unable to resolve any annually negotiable matter relat-
ing to wages, hours, or working conditions for PERS employees,
such unresolved matter may be submitted by either party hereto,
to the Yakima City Council for discussion and consideration by
that body in an effort to satisfactorily settle such unresolved
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matter prior to any final City Council action by ordinance, resol-
ution or otherwise. Such consideration and decision by the
Council shall be made within fifteen (15) calendar days following
a written request. The parties shall have the right to be in atten-
dance and be heard.
If the Union or the City desires that there be mediation as provided above, in
Section 11.3(a), the Union or the City must request in writing to the other
party that such mediation procedure be complied with prior to the submittal
of the matter to the City Council for its consideration.
ARTICLE XII - WAGES
12.1 Effective January 1, 1993, a three point five (3.5%) percent increase shall
be applied to the base wage rates in effect December 31, 1992.
12.2 Subject to the application of Section 12.1 above, 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.
ARTICLE XIII - MEDICAL, VISION, DENTAL AND LIFE INSURANCE
13.1 Insurance Coverages
(a) Employee Medical Coverage - Effective January 1, 1993 through
December 31, 1993, PERS employees will be covered by a medical
insurance plan which generally provides for hospitalization and
an 80%/20% major medical plan. The plan will pay 100% of the
usual, customary and reasonable rates (UCR) for office calls for
employees.
(b) Dependent Medical Coverage - Effective January 1, 1993 through
December 31, 1993, eligible dependents will be covered by a
medical insurance plan which generally provides for
hospitalization and an 80%/20% major medical plan. Office calls
are included in major medical plan.
(c) Deductible - The deductible for PERS employees and eligible de-
pendents of all bargaining unit employees shall be Seventy -Five
Dollars ($75.00) per covered individual charged semi-annually
(maximum One Hundred Fifty Dollars ($150.00) per year) with a
total family deductible of Two Hundred Twenty -Five Dollars
($225.00) charged semi-annually (maximum Four Hundred Fifty
Dollars ($450.00) per family per year).
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(d) Vision Care - For a period January 1, 1993, through December 31,
1993, the medical program shall include a vision care program as
part of the major medical benefits plan for employees and their
eligible dependents in accordance with the following schedule:
(i) Eye examinations - 100% up to $50.00 once in any calendar
year.
(ii) Spectacle Lenses:
Single Vision Lenses
Bifocal Lenses
Trifocal Lenses
Lenticular Lenses
(iii) Frames - one pair each
24 calendar months at
100% to
(iv) Contact Lenses - When
medically necessary
following surgery
(v) Cosmetic contacts paid up to
regular frame and lens amount
once each 24 months.
80% UCR
80% UCR
80% UCR
80% UCR
$75.00
80% UCR
(e) Cost Containment Provisions - Medical cost containment
provisions applicable to employees, retirees and all dependents
effective July 1, 1987, January 1, 1988, and July 1, 1989 are
included in Appendix "B" of this Agreement.
(f) Dental Coverage - Effective January 1, 1993 through December 31,
1993, employees and dependents will be covered by 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. The maximum benefit
payable for standard exams, treatment and bridgework and
dentures charges combined, for each calendar year, shall be One
Thousand Dollars ($1,000.00) per covered person. Should
coverage be effective June 1st or later, the maximum benefit
payable for that person for that calendar year shall be Five
Hundred Dollars ($500.00). No deductible would be required.
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(g) Life Insurance. For the period January 1, 1993, through
December 31, 1993, the City will provide, without cost to the
employee, $10,000 in face amount of life insurance. The life
insurance premium shall be included in the total fringe benefit
package premium calculations specified in Sections 13.2(b)(i) and
13.2(b)(ii).
(h) Retiree Medical Coverage - The medical program shall provide
retirees and dependents of retirees the right to participate in the
group plan until they reach age sixty-five (65), or in the case of
spouse of deceased retirees, until the spouse remarries. Retirees
and/or spouses of deceased retirees shall pay the entire premium
inclusive of dependent premiums if enrolled for coverage
provided by the Employer's medical plans. The City does not
contribute towards premium costs for retirees and/or
dependents. The entire premium shall be paid by way of deduc-
tion from retirement checks paid to retired employees or their
beneficiary.
13.2 Insurance Premium Contributions
(a) January 1, 1993 - December 31, 1993
(i) Employee Only Fringe Benefit Package (Medical/Vision,
Dental and Life Insurance. Effective Janaury 1, 1993, the
City shall contribute up to a maximum of One Hundred
Twenty Dollars ($120.00) per month toward the total
premium for the covered employee's fringe benefit
package which includes medical/vision, dental and life
insurances and the employee shall contribute Thirty
Dollars ($30.00) for a total premium of One Hundred Fifty
Dollars ($150.00). Employee premiums shall be paid by
payroll deduction. Any premium amount over and
above the One Hundred Fifty Dollar ($150.00) level shall
be equally shared by the City and the employee on a
50%/50% basis.
EXAMPLE FOR ILLUSTRATION PURPOSES ONLY
Janaury 1, 1993
1993 Projected Claims (Medical, Dental & Life) = $101.78
Less City/Employee Combined
Contribution Rate = $150.00
Difference (Savings) _ $ 48.22
City Premium Contribution
Employee Premium Contribution
_ $101.78
= $ 0.00
The Forty -Eight Dollars and Twenty -Two Cents ($48.22) per
month savings was applied to the employee base contribution of
Thirty Dollars ($30.00) per month, which resulted in the Zero
Dollars ($0.00) per month contribution shown pursuant to
Article 13.2 (c) below.
Any premium amounts in excess of the One Hundred Fifty
Dollar ($150.00) level shall be determined by the applicable
broker of record.
(ii) Employee and Family Fringe Benefit Package (Medical/Vision,
Dental and Life Insurance. Effective January 1, 1993, the City
shall contribute up to a maximum of Two Hundred Fifty Dollars
($250.00) per month toward the total premium for the covered
employee and family fringe benefit package which includes
medical/vision, dental and life insurances and the employee
shall contribute Fifty Dollars ($50.00) for a total premium of
Three Hundred Dollars ($300.00). Employee premiums shall be
paid by payroll deduction. Any premium amount over and
above the Three Hundred Dollar ($300.00) level shall be equally
shared by the City and the employee on a 50%/50% basis.
EXAMPLE FOR ILLUSTRATION PURPOSES ONLY
January 1, 1993
1993 Projected Claims (Medical, Dental & Life)=$382.38
Less City/Employee Combined
Contribution Rate = $300.00
Difference = $ 82.38
50% / 50% Split = $ 41.19
City Premium Contribution = $291.19
Employee Premium Contribution = $ 91.19
The Forty -One Dollars and Nineteen Cents (S41.19) per month
was applied to the employee base contribution of Fifty Dollars
($50.00) per month, which resulted in the Ninety -One Dollars
and Nineteen Cents ($91.19) per month contribution shown
pursuant to Article 13.2 (c) below.
Any premium amounts in excess of the Three Hundred Dollar
($300.00) level shall be determined by the applicable broker of
record.
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(c) In the event the projected claims for an employee only or an employee
and family decrease below One Hundred Fifty Dollar ($150.00) and
Three Hundred Dollar ($300.00) respectively, between July 1, 1993 and
December 31, 1993, the employee's contribution shall be adjusted to
reflect 100% of the savings. Said savings shall not exceed Thirty Dollars
($30.00) for employee only coverage or Fifty Dollars ($50.00) for an
employee and family coverage.
(d) All employee contributions for the Fringe Benefit Package premiums
shall be subject to semi-annual adjustments as determined by Direct
Administrators or the City's broker of record and implemented by
payroll deduction after such determination.
13.3 The parties have agreed that the subject matter of medical, dental,
vision and life insurance is currently being reviewed by the Public
Safety Medical Review Committee and that this review will continue
during the course of 1993. The members of the bargaining unit shall
have the option to join another existing group(s), division(s), or new
group or division created from existing groups or division of
bargaining unit employees throughout the city. This option will be
based on the recommendation(s) from the Medical Review Committee
and the acceptance of the group(s) or division(s) to be joined. This
article, beyond the above option area, may be opened by mutual
agreement of both the bargaining unit and the employer.
ARTICLE XIV - LONGEVITY PAY
During the term of this contract, the City will pay longevity pay upon satisfac-
tory 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
Service in years shall be defined as in Article XVI, Vacation Leave, of this
Agreement.
ARTICLE XV - SPECIAL PAYS
15.1 Acting Assignment. The City will pay acting assignment pay of at least
5% above the normal base pay of an individual for such period of continuous
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service, provided the individual serves a minimum of eight (8) hours in such
higher classification, having been so assigned by the Fire Chief or his designee
and provided further that the individual exercises the responsibility, includ-
ing operation and administrative duties as they apply.
15.2 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 overtime pay for overtime worked. This shall
apply to all call back to duty after working the scheduled shift.
An employee shall be called back for a minimum of two (2)
hours and the Employer has the right to work the employee for
two (2) hours or more.
(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.
15.3 Relief Fire Dispatcher Differential. An employee designated by the
Alarm Supervisor or higher authority as Relief Fire Dispatcher shall receive a
differential of five percent (5%) for such duty. Said differential shall be calcu-
lated upon the normal rate of pay but shall not replace premium pay for any
required overtime worked. Payment will be made in accordance with normal
payroll procedures (monthly).
15.4 Uniform Maintenance. The Employer agrees to pay Sixty Dollars
($60.00) per year for uniform maintenance payable on February's payday; pro-
vided, however, the Employer reserves the right to contract out uniform
maintenance and cleaning. After the effective date of contracting out main-
tenance and cleaning, the Employer shall discontinue payment of Sixty Dol-
lars ($60.00) per year for uniform maintenance to affected employees.
15.5 Auto Reimbursement. 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
(260 per mile actually driven, or the actual cost of applicable public
transportation. In the event that the City increases mileage allowance paid by
the City for the use of personal autos on City business for any other City
department or employee, such increased allowance shall become the new rate
thereunder.
ARTICLE XVI - VACATION LEAVE
16.1 Vacation Leave - Each eligible employee within the bargaining unit
-14 -
shall earn vacation leave for years of service at the following rates:
(a) Employees with one (1) full year of service shall earn ten (10)
working days, five of which may be taken after six (6) months
service;
(b) Employees with two (2) full years of service shall earn twelve
(12) working days;
(c) Employees with five (5) full years of service shall earn fifteen
(15) working days;
(d) Employees with ten (10) full years of service shall earn nineteen
(19) working days;
(e) Employees with more than fifteen (15) full years of service shall
earn twenty-two (22) working days.
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 period of disability
retirement, or leave without pay in excess of thirty (30) days for medical rea-
sons, if approved by the Fire Civil Service Commission during which times
no service credit shall accrue. Layoff shall not be considered a break in service
providing that failure to accept the first offer of reemployment for any reason
shall constitute a break in service. (No service credit shall accrue during
periods of layoff.)
16.2 Employees of the bargaining unit shall earn twenty-four (24) days per
year by virtue of twenty (20) or more years of service provided they become
employed by the City of Yakima prior to January 1, 1981.
16.3 Employees in this bargaining unit may accumulate vacation leave time
in an amount equal to the vacation time the employee earns during two (2)
years of service, according to the accrual rate(s) specified above.
16.4 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; pro-
vided, 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 vaca-
tion at the normal hourly rate. Payment for any vacation accumulated over
-15 -
the stated limits is subject to the Employer's inability to reschedule the vaca-
tion time off. Neither party shall unreasonably withhold approval of
rescheduling of vacation previously cancelled.
ARTICLE XVII - SICK LEAVE EXCHANGE OR CASHOUT
17.1 For the purposes of this Article only, a day shall be construed as eight
(8) hours.
17.2 Sick Leave Exchange or Cashout. Regular PERS employees may
exchange accrued sick leave for pay or for additional leave time as
appropriate, in accordance with the options provided the employee, subject to
the following provisions:
(a) No cashout of accrued sick leave will be granted for those
employees with three hundred sixty (360) hours or less of
accrued sick leave except in the event of death in the line of
duty.
(b) Cashout of accrued sick leave will be granted to employees who
have accrued in excess of three hundred sixty (360) hours subject
to the following provisions:
(i) Upon retirement or death, the employee's accrued sick
leave up to a maximum of seven hundred twenty (720)
hours will be cashed out at the rate of one hundred per-
cent (100%) of the employee's current base pay.
(ii) Upon termination under honorable conditions, as distin-
guished from death or retirement, the employee's accrued
sick leave up to a maximum of seven hundred twenty
(720) hours will be cashed out at the rate of fifty percent
(50%) of the employee's current base pay.
(iii) In no case shall the cash out payment exceed Twelve
Thousand Five Hundred Dollars ($12,500.00).
(c) Sick Leave Exchange. Employees who have accrued more than
seven hundred twenty (720) hours may exchange such sick leave
for bonus (additional) leave at the rate of thirty-two (32) hours of
sick leave for each eight (8) hours of vacation, not to exceed a
total of forty (40) hours added leave time annually, utilization of
which would be subject to the scheduling and approval by the
department head.
-16 -
(d) Sick Leave Exchange Procedure. Any regular employee may
exchange accrued sick leave as provided in subsection (c) above
at the option of the employee, subject to the following con-
ditions and provisions:
(i) A request for such an exchange shall be made to the
Director of Finance and Budget. All requests shall be in
writing and shall be signed by the employee making the
request.
(ii) Requests will be accepted only during the first five (5)
working days of each month with exchanged leave to be
available within fifteen (15) calendar days of the date the
request is received by the office of the Director of Finance
and Budget. Exceptions to the above will be made for ter-
mination, layoff or disability retirement.
(iii) No request will be granted for less than eight (8) hours
pay or a minimum of three (3) days' leave.
(iv) No exchange will be granted to an employee who has been
terminated for cause, as defined by Civil Service.
(v) In the event of layoff, exchange requests are the responsi-
bility of the employee.
(e) In December of each year, any accruals beyond the one hundred
and twenty (120) day limitation will be automatically exchanged
based upon the formula of eight (8) hours pay for each thirty-two
(32) hours accrued or a percentage thereof for smaller accruals.
Such pay will appear on the employee's final pay check for the
year.
17.3 An 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, vaca-
tion leave, holiday time, compensatory time, or other accrued time off may be
used in lieu of sick leave.
17.4 The Employer will allow an employee to use the employee's accrued
sick leave to care for a child of the employee under the age of eighteen (18)
with a health condition that requires treatment or supervision.
-17 -
ARTICLE XVIII - COMPENSATORY TIME OFF
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 respect to
the wishes of the employees and the City's work requirements.
ARTICLE XIX - ALARM OFFICE PROVISIONS
19.1 Use Of Qualified Employees. Persons assigned to work independently
in the Alarm Office shall be PERS personnel who have passed the required
Fire Dispatcher Civil Service Exams and/or hold the rank of Alarm Super-
visor.
In the event of emergency circumstances which require more than one (1)
Fire Dispatcher, other Fire Department personnel may be utilized provided
that they are accompanied by at least one (1) Fire Dispatcher or the Alarm
Supervisor at all times. This condition shall exist only until such time as the
required number of Fire Dispatchers can be notified and can respond to the
emergency.
In the event that a Fire Dispatcher is incapacitated due to illness or injury
and/or is unable to serve or complete his duty shift for any reason, and
whereas another Fire Dispatcher is not readily available, other Fire Depart-
ment personnel may be utilized provided that another Fire Dispatcher is con-
tacted as soon as possible for replacement. This condition shall exist only
until such time as another Fire Dispatcher can respond.
The use of previously unqualified Temporary Employees in the Alarm Office
shall require the supervision of a regular Fire Dispatcher or the Alarm
Supervisor until such time as they are deemed by the latter individual as
qualified. Permanent Alarm Office positions declared vacant shall be exam-
ined for and filled by Permanent Employees within one hundred twenty (120)
days unless abolished by the City Council. The time limits for examining and
filling a position, if said position is not abolished by the City Council, may be
extended by mutual agreement of the parties.
-18 -
19.2 Holidays With Pay.
(a) Day Off. If an employee performs no work on a holiday, within
ninety (90) days that employee shall have time off equal to the
number of hours scheduled most frequently in his regularly
scheduled shifts.
(b) Day On. If an employee performs work on a holiday, that
employee shall receive his/her regular pay plus time and one-
half (1.5) pay for all hours worked. The employee shall have the
option of receiving comp -time as specified in Article XVIII.
(c) No employee shall be paid for a holiday unless such employee is
in a pay status both the workday before and the workday after
such holiday. Exception to the above shall be made for an
employee who works a holiday as directed by the City.
(d) An employee who performs work during a period when the
employee is on a scheduled time off shall receive time and one-
half (1.5) for all hours worked and shall receive time off as
specified in 19.2(a).
(e) Employees of the bargaining unit who, by the nature of their
work, are required to provide twenty-four (24) hours per day
service, seven (7) days per week shall observe holidays as
follows:
New Year's Day
Martin Luther King Jr. Day
Washington's Birthday
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
The Day After Thanksgiving
Christmas Day
One (1) Personal Holiday
January 1st
Third Monday in January
Third Monday In February
Last Monday In May
July 4th
First Monday In September
November 11th
Fourth Thursday In November
December 25th
The provisions of City of Yakima Municipal Code 2.40.080(c) and
(d) shall not apply to this provision.
-19 -
19.3 The Union may authorize bargaining unit members to furnish in-house
refreshments; provided, that any proceeds from such activity shall be used in-house
for the benefit of bargaining unit members or, upon approval of the Union, be
donated to a charitable organization(s). The Union shall be responsible for ensuring
that refreshment funds are administered consistent with applicable laws.
ARTICLE XX - TRAINING TIME
Training time required by the Fire Chief or his designee shall be considered as
time worked for compensation purposes. Optional training and efforts
expended in preparation for promotional exams, etc., shall not be covered by
this clause.
ARTICLE XXI - CLASSIFICATION
The long term assignment (longer than six (6) months) of previously
uncharacteristic duties (i.e. fire dispatchers dispatching other City of Yakima
departments, fire mechanic working on other city vehicles, etc.) to any classi-
fication of the bargaining unit must be accompanied by a classification study.
The Classification study shall be accomplished in a reasonably timely manner.
ARTICLE XXII - SMOKING ON DUTY
The Union and the City recognize that health problems are caused by smok-
ing and therefore agree to the elimination of the use of all tobacco products by
all members of the Fire Department in this bargaining unit from all areas
within fire stations, administrative offices, shops and any other buildings or
facilities of the Fire Department. Violations of these provisions shall consti-
tute a basis for disciplinary action to be handled in accordance with normal
disciplinary procedures.
ARTICLE XXIII - WEIGHT CONTROL/PHYSICAL FITNESS
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.
Those members of the bargaining unit will have made available to them a time,
which shall not exceed sixty (60) minutes per work shift, to participate in an
approved aerobic/physical fitness program. This program shall be as approved by
the Fire Department Physical Fitness Committee. The scheduled times will be by
agreement between the Fire Chief or his designee and a bargaining unit
-20 -
representative appointed by the Union Executive Board. At no time shall the
scheduled aerobics/physical fitness time cause a hiring situation to happen in order
to allow anyone to participate. Relief of on -duty personnel shall only happen when
work schedules and work loads allow. At other times participants shall use the
equipment, furnished by the department, in the dispatch center to accomplish the
aerobics /physical fitness times. The participants shall provide all their own
personal aerobic/fitness clothing. The actual schedule of aerobics/fitness period
times, availability of relief and the list of approved activity shall be agreed upon by
the Chief or his designee, the Physical Fitness Committee and the Alarm
Supervisor. As part of this program, the participants are encouraged to be active
participants in the City's Wellness Program in order to have a total wellness/fitness
program.
ARTICLE XXIV - CREATION OF NEW CLASSIFICATIONS
The salary, hours of work and fringe benefits for all newly created classifications
within the bargaining unit shall be negotiated with the Union. The Employer will
provide a job description for the new classification to the bargaining unit
representative prior to seeking applications for the new position. Thereafter, the
classification shall be filled by open and competitive competition. If the new
classification would be a logical progression for an existing classification, then it will
be filled by the promotional process. Otherwise, the new classification would be
filled by open and competitive competition. All areas negotiated for the new
classification shall be applied retroactive to the date of hire or promotion of any
individual who is placed into the new classification.
ARTICLE XXV - ENTIRE AGREEMENT
25.1 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.
25.2 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.
-21-
ARTICLE XXVI - SAVINGS CLAUSE
It is understood and agreed that 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 XXVII - MUNICIPAL CODE SECTIONS PERTAINING TO FIRE
DEPARTMENT PERS EMPLOYEES
2.04 Group Insurance
2.04.010 Plan Adopted
2.04.030 City Contributions
2.16 Bonds For Officers
2.16.010 Bonds Required - Amount
2.20 Salaries
2.20.010 Persons Subject to the Plan
2.20.040 Policy for Pay Steps
2.20.060 Transfer, Promotion, Reclassification, Demotion or
Reinstatements of Employees
2.20.070 Reduction in Salary
2.20.080 Effect on Budget
2.20.085 Reimbursement for Expenditures
2.20.086 Reimbursed Expenditures - Amounts
2.20.088 Uniform Allowance - Special Assignment Pay
2.20.100 Classification Plan
2.20.110 Compensation Plan
2.22 Fire Department - Working Conditions
2.22.010 Work Week
2.22.020 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
-22 -
2.24.015
2.24.020
2.40
2.40.010
2.40.020
2.40.030
2.40.040
2.40.050
2.40.060
2.40.070
2.44
2.44.030
2.44.040
2.44.050
2.44.060
Longevity Plan - Service Recognition Award
Leave Of Absence for Service in Armed Forces
Leaves Of Absence
Eligible Employees
Vacation Leave
Sick Leave
Civil Leave
Military Leave
Leave Without Pay
Unauthorized Absence
Lobbying by City Personnel
Permitted Activities of Representatives
Payment for Services of Representative
Prohibited Expenditures
Ethical Practices and Conduct
ARTICLE XXVIII - 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 XXIX - OVERTIME
Overtime hours are those hours worked in excess of forty (40) hours in a reg-
ularly scheduled seven (7) day work period and all hours outside one's nor-
mally assigned shift. For the purpose of computing overtime all paid leave
time shall be considered time worked.
ARTICLE XXX - TOOL ALLOWANCE FOR ELECTRONIC TECHNICIANS
AND MAINTENANCE MECHANIC
The Employer will pay up to one percent (1%) of an employee's base salary for
tool replacement allowance subject to prior approval on an item -by -item basis
by the Employer. The purpose of this tool allowance is to provide for the
replacement of broken and/or stolen tools subject to the Employer's approval.
-23 -
ARTICLE XXXI - TERM OF AGREEMENT
This Agreement shall be deemed effective from and after the 1st day of Jan-
uary, 1993, except as otherwise indicated, and shall continue in effect until
December 31, 1993. This Agreement shall be subject to such periodic changes
as may be voluntarily and mutually agreed upon by the parties during the
term of this Agreement.
Consolidated Dispatch Proviso: The parties to this Agreement agree that the
Employer has the right to make the decision to implement Consolidated
Dispatch operations. Both parties agree to negotiate the effects of such a
decision.
Recommended by,
Larry ,rehouse,
Chief Negotiator
Local 469, I.A.F.F.
Anthony F. M - ke,
Management Representative
City of Yakima
Executed by the parties hereto this 1_51 day of fvliky , 1-911016
16
CITY OF YAKIMA
By:
ATTEST:
City Clerk
R. A. Zais, Jr.
City Manager
LOCAL 469, INTERNATIONAL AS-
SOCIATION OF FIREFIGHTERS, AFL-
CIO
-24 -
APPENDIX "A"
1993 SALARY SCHEDULE
LOCAL 469, I.A.F.F. - PERS
Actual dollar amounts are in the process of being calculated. These numbers
will be provided as soon as they become available.
Pay Class ----------Pay Range Steps -----------------
Range Code Class Title A B C D E
545 4522 Electronics Comm. 1/1/93 Hr 18.95 19.89 20.89 21.92 23.01
Supervisor 1/1/93 Mo 3284.60 3447.53 3620.86 3799.39 3988.32
550 4521 Electronic Tech 1/1/93Hr 16.74 17.50 18.30 19.09 20.01
1/1/93 Mo 2901.54 3033.28 3171.94 3308.87 3468.33
555 6425 Alarm 1/1/93 Hr 15.76 16.47 17.23 18.02 18.84
Supervisor 1/1/93 Mo 2731.68 2854.75 2986.48 3123.41 3265.54
560 8230 Maintenance 1/1/93Hr 13.42 14.23 15.08 15.98 16.95
Mechanic 1/1/93 Mo 2326.09 2466.49 2613.82 2769.81 2937.94
575 6411 Fire Dispatcher 1/1/93Hr 12.53 13.12 13.74 14.44 15.97
1/1/93 Mo 2171.82 2274.09 2381.55 2502.89 2768.08
580 6441 Secretary II 1/1/93 Hr 11.28 11.81 12.42 12.95 13.64
1/1/93 Mo 1955.16 2047.03 2152.76 2244.62 2364.22
585 6440 Secretary I 1/1/93 Hr 8.46 8.95 9.43 9.95 10.45
1/1/93 Mo 1466.37 1551.30 1634.50 1724.63 1811.30
-25 -
APPENDIX "B"
COST CONTAINMENT PROVISIONS
[At such time as the Employer issues a Employer -Employee Medical
Handbook covering these topics, Appendix "B" shall be deleted.]
A. Effective July 1, 1987, the medical plan which applies to all dependents
and PERS employees shall be changed as follows:
(i) The deductible for PERS employees and all eligible dependents
for all bargaining unit employees shall be Fifty Dollars $50.00)
per covered individual charged semi-annually (maximum One
Hundred Dollars ($100.00) per year per individual) 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).
(ii) Chiropractic care will be consistent with current practice.
(iii) Hospice care will be consistent with current practice.
(iv) Home health care will be consistent with current practice.
B. Effective January 1, 1988, the medical plan which applies to all
dependents and PERS employees shall be changed as follows:
(i) Elimination of basic benefits inclusive of the Twenty -Six Dollars
($26.00) per day hospital room and board, hospitals extras as de-
scribed in the medical plan booklet, and emergency treatment of
accidents.
(ii) Supplemental Accident Insurance. Effective January 1, 1988, the
Employer will provide a supplemental accident benefit of Five
Hundred Dollars ($500.00) per person per year. This is in lieu of
the emergency treatment of accidents previously provided.
(iii) The plan will pay 100% of the usual, customary and reasonable
rates (UCR) for office calls for employees. The plan will pay the
usual, customary and reasonable rate (UCR) for office calls for
eligible dependents under the 80%/20% major medical plan.
(iv) Alcohol/Substance Abuse. Treatment shall be covered by the
major medical program with an annual payment not to exceed
-26 -
Three Thousand Dollars ($3,000.00) per patient; provided, the
patient must complete the treatment plan in order for the plan
to pay. This provision shall be limit -ed to two (2) treatments per
patient per lifetime and may be either in-patient or out-patient at
the patient's choice.
(v) Generic Drugs. Prescription generic drugs shall be covered at
100% after the payment of a Two Dollar ($2.00) deductible per
prescription.
(vi) Maternity. If the hospital stay relating to the delivery of a child
born by a covered employee or employee's spouse does not
exceed forty-eight (48) hours, the medical plan shall pay a bonus
of Seventy -Five Dollars ($75.00) to the insured patient.
(vii) Audit. If an employee or dependent discovers an error in a
medical bill which is subsequently recovered, the medical plan
will reimburse the covered person fifty percent (50%) of the
recovered amount up to One Hundred Dollars ($100.00)
reimbursed.
(viii) Weekend Admission - Benefits for room and board charges by a
hospital shall not be payable for the Friday, Saturday and/or
Sunday of a confinement if the patient is admitted on one of
these days, unless:
(1) The confinement is for emergency treatment or services;
or
(2) A surgical operation is scheduled for the day of or the day
after the date of admission; or
(3) Medical treatment, requiring hospital confinement, is
scheduled for the day of or the day after the date of
admission.
(ix) Pre -Admission Testing. Outpatient department charges for
surgery made by a hospital where the patient will be confined for
the surgery will be paid in full with the deductible waived
providing confinement occurs within seven (7) days after testing
begins.
Any testing which could have been performed on an outpatient
basis but was performed while the patient was confined as a
hospital inpatient, and all related charges incurred for testing
prior to a scheduled surgery (including but not limited to
-27 -
hospital room and board and laboratory charges) will be re-
imbursed at 60% in excess of the deductible with all charges
applied to major medical and considered in calculating
attainment of the major medical benefit level. This provision is
not applicable when inpatient testing is mandated by the doctor.
(x) Second Surgical Opinion. When the surgical procedures listed
below are recommended, a second surgical opinion from a
different and qualified physician as to the need for the surgery
shall be required. The charges for the second opinion including
necessary diagnostic tests shall be paid in full with the deductible
waived.
If a second opinion is not obtained, covered charges (including
but not limited to hospital room and board and ancillary charges
and physician's fees) for the surgery and any surgery related
charges will be reimbursed at 60% with all charges applied to
major medical and considered in calculating attainment of the
major medical benefit level; in excess of the deductible except in
the case of an emergency when a second opinion could not be
obtained in which case payment would be made in accordance
with the plan.
If the two opinions are not confirming, covered charges for a
third opinion will be payable in accordance with existing plan
conditions, exclusions and limitations.
Second surgical opinion shall be required for:
Back Surgery
Kidney Surgery
Gall Bladder Surgery
Heart Surgery
Hemorrhoids
Jaw Surgery
Uterine Surgery
Varicose Vein Surgery
Breast Surgery
Joint Surgery
Foot Surgery
Vascular Surgery
Prostate Surgery
Thyroid Surgery
Dilation and Curettage
Nose/Nasal Surgery
Eye/Eyelid Surgery
Bile Duct Surgery
Removal of Adenoids
Removal of Tonsils
Stomach/Gastric Surgery
Hernia Surgery
(xi) Retain major medical benefits level at Two Thousand Five
Hundred Dollars ($2,500.00) per year.
C. Effective July 1, 1989, the medical plan which applies to all dependents
and PERS employees shall be changed as follows:
-28 -
(i) Outpatient Surgery - Covered charges for the following list of
surgical procedures when performed on a same day basis in an
outpatient setting will be paid under the major medical benefits
at 80% /20% under this plan in accordance with all plan condi-
tions, exclusions and limitations, but with the deductible
waived.
Any of the following surgical procedures which are performed
on a hospital inpatient basis, will be paid at 60% of the covered
charges (including but not limited to hospital room and board
and ancillary charges and surgeons' fees) in excess of the de-
ductible, unless it can be demonstrated that special risk factors
existed and surgery on a hospital inpatient basis was medically
necessary.
Outpatient Surgical Procedures:
Ear, Nose and Throat
Adenoidectomy and Myringotomy
Antral Puncture
Arch Bars, removal of
Branchial arch appendates, excision
Caldwell-Luc
Closed reduction (nose or sygoma)
Ethmoidectomy
Foreign body removal (ear)
Inclusion cyst, excision
Inferior turbinate resection
Laryngoscopy
Laryngoscopy with operative procedure
Mastoidectomy
Mouth biopsy
Myringoplasty or tympanoplasty
Myringotomy with or without tubes
Nasal polypectomy
Otoscopy
Otoscopy (with removal of foreign body)
Palate biopsy
Poly Tubes, removal
Preauricular cyst, excision
Septal reconstruction, SMR
Stapedectomy
Tonsillar tag excision
Tonsillectomy, with or without adenoidectomy
-29 -
Tongue biopsy
Tympanoplasty
Gynecology
Adhesions of clitoris, removal
Bartholin cystectomy
Cautery vaginal cyst
Cervical amputation (Stromdorff)
Hymenotomy
Hysterosalpingogram
Hysteroscopy
IUD, removal
Cervical cone
Cervical polypectomy
Cervix, dilatation
Colpotomy
Condylomata acuminata, removal of or fulguration of
Cryotherapy
Cryotherapy with biopsy and/or D & C
Culdoscopy
D &C
D & C with conization
D & C with culposcopy
D & C with laparoscopy
D & C with laparoscopy and conization
Culdocentesis
Episiotomy
Exam under anesthesia
Labial lesion, excision
Laparoscopy
MacDonald's procedure
Pelvic Endoscopy (Shirodkar)
Perineoplasty
Perineorrhaphy
Phlebography
Rectovaginal fistula repair
Trans -vaginal ligation of tubes
Tubal insufflation
Vaginal stenosis, release
Vaginal tumor, excision
Vaginal web, excision
Vaginoplasty
Vulvar biopsy
Orthopedic
Aristospan injection
Arthrodesis (phalanges) (other joints)
Arthrotomy meniscectomy
Arthroscopy
Bone reconstruction
Bunionectomy (unilateral or bilateral)
Bursectomy
Capsulectomy
Carpal tunnel decompression
Carpal tunnel ligament release
Cast change with x-ray
Closed reduction fracture, with x-ray
Closed reduction fracture, without x-ray
Debridement
Fasciectomy (finger or palm)
Finger nail or toenail removal
Foreign body excision
Foreign body excision, with x-ray
Fusion
Ganglionectomy
Hammertoes, correction of
Hammertoes, correction of bilateral
Hand fasciectomy for artgrutu
Hardware, removal
Ligament repair
Manipulation of joints (with x-ray)
Mass excision with scar revision
Metatarsal head, excision (unilateral or bilateral)
Morton's neuroma
Neurolysis (finger or other)
Nerve repair (finger is or other)
Neuroma, removal of (finger or other)
Olecranon bursa, excision
Open reduction fracture, without x-ray
Osteotomy
Phalangectomy
Plantar wart, excision
Sequestrectomy
Skin graft
Synovectomy
Tarsorrhaphy
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Tendon release (tenotomy)
Tendon repair
Tendon sheath, release
Tenosynovectomy
Trigger finger, release
Ulnar nerve transfer
Zanthoma, excision
Z-plasty
Zygomatic arch
Plastic Surgery
Augmentation mammoplasty (unilateral) (bilateral)
Basal cell CA, excision
Blepharoplasty, upper or lower bilateral
Blepharoplasty (combined)
Chin augmentation
Dermabrasion (partial or full)
Facial wife, removal
Flap revision
Lesion excision with graft
Lipectomy
Mastopexy
Otoplasty (unilateral) (bilateral)
Rhinoplasty
Rhytidectomy
Rhytidectomy with blepharoplasty
Scar revision
Skin graft
Neurosurgical
Carpal tunnel decompression
Intercostal neurectomy
Morton's neuroma
Neuroma
Ulnar nerve transfer
Urological
Circumcision (pediatric or adult)
Cystoscopy
Litholapaxy (bladder stone crushing and removal)
Meatotomy
Perineal needle biopsy
Prostrate biopsy
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Testicular prosthesis insertion
Transurethral resection bladder tumor
Urethral catheter
Urethral dilatation
Vasectomy
Hydrocelectomy
Orchidectomy
Testicular biopsy
Vasovasotomy
General Surgery
Abscess, I & D
Anal tag, excision
Biopsy (muscle)
Breast implant, removal (single) (double)
Breast mass, excision
Bronchoscopy
Bronchoscopy (with operative procedure)
Cervical node biopsy
Colostomy, revision
Cyst, excision
Epigastric herniorrhaphy
Esophagoscopy
Esophagoscopy (with operative procedure)
Fistulectomy
Foreign body removal, without x-ray
Foreign body removal, with x-ray
Frenulectomy, tongue
Gynecomastia, excision
Hemangioma, removal
Hermorrhoidectomy
Hydrocelectomy
Inguinal herniorrhaphy (infant unilateral or bilateral)
(adult unilateral or bilateral)
Lipoma, excision
Lysis of adhesions (abdominal)
Mass excision
Orchidectomy
Rectal biopsy
Rectal dilation
Rectal polypectomy
Sigmoidoscopy
Sigmoidoscopy (with operative procedure)
Skin graft
Skin lesion, excision
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Stitch granuloma, removal
Suture removal, superficial
Suture removal, deep
Torticollis, repair
Umbilical herniorrhaphy
with bilateral Inguinal Herniorrhaphy
Umbilical sinus, excision
Varicose vein ligation with or without stripping
Vermilionectomy (upper and lower lip)
Vermilionectomy (both lips)
Wedge resection lip
Lacerations, repair of
Pilonidal cyst, excision
Orchiopexy
Thyroglossal duct cyst, excision
Eye
Canthus excision
Cataract
Chalazion, removal of
Conjunctiva, repair of
Cryocoagulation
Cyst excision
Ectropion and Entropion, repair
Enucleation
Eye exam
Lacrimal duct probing
Photocoagulation
Pterygium, removal of
Dermoid cyst of eyebrow, excision
Eye muscle operation - recession or resection (unilateral)
recession or resection (bilateral)
Reconstruction of lacrimal duct
Wedge resection - eyelid
(ii) Effective July 1, 1989, increase the major medical benefit level to
80% of the first Four Thousand Dollars (54,000.00) of covered
charges per calendar year after applicable deductible.
(iii) Well Baby Care - Hospital nursery charges for the routine care of
a newborn shall be limited to seventy-two (72) hours following
birth. All covered charges shall be paid under the newborn's
coverage as a dependent (applying applicable deductible and co-
insurance charges).
-34 -
(iv) Spinal Adjustments - Limit benefits to Five Hundred Dollars
($500.00) per calendar year.
-35 -