HomeMy WebLinkAboutR-1994-061 Collective Baragaining Agreement (IAFF / LEOFF)r
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RESOLUTION NO. 94- 61
A RESOLUTION authorizing and directing the City Manager and City Clerk
of Yakima to execute a collective bargaining agreement for
calendar years 1994 and 1995 with the International
Association of Firefighters (Fire LEOFF), AFL-CIO
WHEREAS, pursuant to requirements of state law, labor negotiations
have occurred between the City and Fire LEOFF Fire Department employees
represented by the International Association of Firefighters (Fire LEOFF),
Local 469, AFL-CIO, resulting in the attached proposed collective bargaining
agreement document for calendar years 1994 and 1995, and
WHEREAS, the City Council deems it to be m 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 years 1994 and 1995 with the International Association of Firefighters
(Fire LEOFF), Local 469, AFL-CIO, a copy of which collective bargaining
agreement is attached hereto and by reference made part hereof
ADOPTED BY THE CITY COUNCIL this 24 t- h day of May, 1994
ATTEST.
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MAYOR
C k
CITY CLERK
1994 -1995
COLLECTIVE BARGAINING AGREEMENT
By and Between
THE CITY OF YAKIMA, WASHINGTON
and
LOCAL 469,
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS,
AFL-CIO
EFFECTIVE:
January 1, 1994 through December 31, 1995
TABLE OF CONTENTS
GENERAL PROVISIONS
1 UNION RECOGNITION AND BARGAINING UNIT 1
2 UNION SECURITY 1
3 PAYROLL DEDUCTIONS 2
4 MANAGEMENT RIGHTS 2
5 PRODUCTIVITY 3
6 EQUAL OPPORTUNITY CLAUSE 3
7 PROPERTY LIABILITY 3
8 GRIEVANCE PROCEDURE 4
9 RELEASE FROM DUTY 6
10 COLLECTIVE BARGAINING COMMITTEES 7
11 COLLECTIVE BARGAINING PROCEDURE 7
12 SAFETY 8
13 PROMOTIONAL STANDARDS FOR LEOFF CLASSIFICATIONS 8
14 REFRESHMENT FUNDS 10
15 FIRE DEPARTMENT RESERVES 10
PROVISIONS APPLICABLE TO WAGES AND BENEFITS
16 WAGES 14
17 HEALTH CARE INSURANCE 15
18 LIFE INSURANCE 17
19 LONGEVITY PAY 17
20 SPECIAL PAYS 18
21 VACATION LEAVE & KELLY DAYS 19
22 LEOFF EMPLOYEES HOLIDAYS 22
23 FIRE DISPATCHERS & ALARM SUPERVISOR HOLIDAYS 22
24 SICK LEAVE ACCRUAL/EXCHANGE FOR LEOFF EMPLOYEES 23
25 SICK LEAVE ACCRUAL/EXCHANGE FOR FIRE DISPATCHERS
& ALARM SUPERVISOR EMPLOYEES 27
26 BIRTHING LEAVE 29
27 COMPENSATORY TIME OFF 29
28 ALARM OFFICE PROVISIONS FOR FIRE DISPATCHERS
& ALARM SUPERVISOR 30
29 OVERTIME FOR LEOFF EMPLOYEES 30
30 OVERTIME FOR FIRE DISPATCHERS & ALARM SUPERVISOR 31
MISCELLANEOUS PROVISIONS
31 DUTY WEEK FOR LEOFF EMPLOYEES 31
32 SMOKING ON DUTY 31
33 WEIGHT CONTROL/PHYSICAL FITNESS FOR LEOFF
EMPLOYEES 31
34 CREATION OF NEW LEOFF CLASSIFICATIONS 33
35 CREATION OF NEW FIRE DISPATCHER & ALARM SUPERVISOR
CLASSIFICATIONS 33
36 FIRE DISPATCHERS & ALARM SUPERVISOR CLASSIFICATION
STUDIES 33
37 ENTIRE AGREEMENT 33
38 CONSOLIDATED DISPATCH
(Fire Dispatchers & Alarm Supervisor) 34
39 NO PYRAMIDING 34
40 MUNICIPAL CODE SECTIONS PERTAINING TO FIRE
DEPARTMENT LEOFF EMPLOYEES, FIRE DISPATCHERS
AND ALARM SUPERVISOR 34
41 SAVINGS CLAUSE 35
42 TERM OF AGREEMENT 36
Signature Page 36
Appendix "A" (Pay Ordinance as Passed by City Council)
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 ,1994, by and
between the City of Yakima, Washington, hereinafter called the City, and Local 469,
International Association of Firefighters, AFL-CIO, hereinafter called the Union.
GENERAL PROVISIONS
ARTICLE 1- UNION RECOGNITION AND BARGAINING UNIT
1.1 The City hereby recognizes the Union as the exclusive bargaining
representative for all Fire Department employees excluding temporary employees,
in Law Enforcement Officer and Fire Fighter (LEOFF) classifications and those
employees in the PERS classifications of Fire Dispatcher and Alarm Supervisor 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
2.1 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 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
4.1 The Union recognizes the prerogative of the City to operate and manage its
affairs in all respects in accordance with its responsibilities, lawful powers and legal
authority. City affairs which are not included within negotiable matters pertaining
to wages, hours and working conditions are inclusive of the following, but not
limited thereto:
4.2 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.
4.3 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.
4.4 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.
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4.5 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.
4.6 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.
4.7 The right to take whatever actions the Employer deems necessary to carry out
services 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 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
6.1 It is the policy of the City of Yakima and the Union not to discriminate
against any employees or applicants for employment because of race; color; religion;
age; sex; 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
7.1 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
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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 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
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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 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.
(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.
(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
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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(f), Step 5, above.
(b) A grievance may be entertained in or advanced to any step in the
grievance procedure if the parties so jointly agree.
(c) The time limits within which action must be taken or a decision made
as specified in this procedure may be extended by mutual written
consent of the parties involved. A statement of the duration of such
extension of time must be signed by both parties involved at the step to
be extended.
(d) Non -contract disputes only: Wages, hours and working conditions not
specifically covered by the terms and conditions of this Agreement
shall be subject to the grievance procedure up to, but not including,
arbitration. If the City and the grievant are unable to reach agreement
at the City Manager level, where the grievance is not subject to
arbitration, a three person board will be formed. Management will
select one member and the Union will select one member of the Board.
The two members will select the third member who shall act as
chairperson. All members of this Board must be citizens or employees
of the City of Yakima. In the event the two members cannot agree as to
the selection of the third member, each member may submit one name
whereby the chairperson shall be selected by lot. Any expenses for the
services of the third party chairperson shall be borne equally by the
parties. The decision of this Board shall be binding on the parties in
non -contractual grievances.
ARTICLE 9 - RELEASE FROM DUTY
9.1 Union Business Leave. Such officers and members of the Union as may be
designated by the Union normally not to exceed 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,
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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 COMMITI'EES
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 RCW 41.56, as amended,
when such meetings take place at a time during which any such members are
scheduled to be on duty.
10.3 Members of the Union negotiating committee, not to exceed three (3) in
number, shall be granted leave in the post -impasse period without loss of pay,
except that when such leave reduces the manpower level below that established as
the minimum manpower requirement of the Department, such leave shall be
without pay.
ARTICLE 11- COLLECTIVE BARGAINING PROCEDURE
11.1 General. All negotiable matters pertaining to wages, hours and working
conditions shall be established through the negotiation procedure as provided by
RCW 41.56. No ordinances existing at the time of execution of this Agreement
relating to wage, hours and working conditions for members of the bargaining unit
shall be amended or repealed during the term of this Agreement without written
concurrence of both parties.
11.2 Each year, as appropriate, the Union shall submit to the City Manager and the
City Manager may submit to the Union a written proposal for any changes in
matters pertaining to wages, hours and working conditions desired by the Union or
the City for the subsequent year. These written proposals shall be submitted in
accordance with the requirements of RCW 41.56, as amended by S.B. 2852 (1979).
The Union and the City shall follow the collective bargaining procedure set forth in
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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 12 - SAFETY
12.1 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.
12.2 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;
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 13 - PROMOTIONAL STANDARDS FOR LEOFF CLASSIFICATIONS
13.1 All promotions to LEOFF positions within the bargaining unit shall be made
solely on merit, efficiency and fitness ascertained by open competitive examination
among bargaining unit personnel. Examinations shall fairly, objectively and
comprehensively test for qualifications for the position. 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.
13.2 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
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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.
13.3 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 personnel. 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.
13.4 Minimum Qualifications & Promotional Registers
(a) Promotional registers shall be valid for two years.
(b) For Lieutenant and Captain, a new examination shall be conducted
three months prior to the expiration of the current list and become
effective upon expiration of the current list.
(c) Lieutenant: Four (4) years service with the Yakima Fire Department as
a paid Firefighter shall be required for eligibility to test Lieutenant, but
no employee would be eligible for promotion to Lieutenant until after
five years total service as a paid Firefighter.
(d) Captain: Eighteen (18) months as a Lieutenant shall be required for
eligibility to test for the position of Captain.
(e) Public Education and Safety Officer: To be eligible to test for Public
Education and Safety Officer, must have completed probationary period
as Lieutenant or above, or as Technical Training Assistant. A
Bachelor's Degree in Business, Education or a related field is preferred.
(f) Technical Training Supervisor: To be eligible to test for Technical
Training Supervisor, must have completed probationary period as a
Lieutenant or above or as Technical Training Assistant. A Bachelor's
Degree in Business, Education or a related field is preferred.
(g) Technical Training Assistant: To be eligible to test for Technical
Training Assistant, must have completed four (4) years as a Firefighter
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with the Yakima Fire Department, or two (2) years with an AA Degree.
An AA Degree in Business, Education or a related field is preferred.
13.5 At such time as a vacancy occurs and a decision is made to fill the vacancy by
the 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.
13.6 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 13.5 shall remain applicable.
13.7 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 14 - REFRESHMENT FUNDS
14.1 The Union may authorize bargaining unit members to furnish in-house
refreshments; provided that any proceeds from such activities shall be used in-
house for the benefit of bargaining unit members or, upon approval by the Union,
donated to charitable organizations. The Union shall be responsible for insuring
that the refreshment funds are administered consistent with applicable law.
ARTICLE 15 - FIRE DEPARTMENT RESERVES
15.1 The reservists are volunteers who are reimbursed based on the system
currently in place.
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15.2 The purpose of the reserves is to augment and support total manpower, not
replace bargaining unit personnel.
15.3 Makeup of the Reserves. Reservists will be of two types:
(a) 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.
(b) 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:
(1) Must complete an application for Volunteer Reserve Firefighter
Program;
(2) Must be a high school graduate or equivalent;
(3) Must be 18 years of age at time of appointment;
(4) Must pass the Department physical agility examination;
(5) Must pass a physical examination by a physician selected by the
City;
(6) Must possess a valid Washington State Drivers License;
(7) Must Undergo a background check;
(8) Must pass an oral interview;
(9) 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.
15.4 Organization of the Reserves.
(a) 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.
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(b) During normal Department operations, reserves may augment and
support career personnel.
(c) Reserves may be actively involved in the neighborhood. they could
teach first aid, give fire safety talks and other community activities.
(d) Reserves shall have a distinctive uniform to enable identification in all
circumstances.
(e) Reserves shall observe normal station operating routines.
15.5 Chain of Command.
(a) During fire department operations, reserve fire fighters answer to paid
officers or paid acting officers.
(b) The Reserves would be used before calling the districts for help.
15.6 Training Requirements.
(a) Career fire fighting personnel will be used to train reserves.
(b) Shift career personnel assigned to training reserves shall have
reasonable notice of scheduled training.
(c) 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.
(d) Reserves will be taught with IFSTA and other sanctioned department
material -the same material utilized by career personnel.
(e) All new Reserve recruits shall complete a minimum of 40 hours of
basic training and pass a competency test before being allowed to
respond to emergency incidents.
(f) All Reserves will be trained as 1st Responders (D's) or EMT (D's) at the
earliest possible time.
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15.7 Enforcement of this article is limited to the Union acting on behalf of
bargaining unit employees, and not on behalf of Reserves.
15.8 Reserve Station Response to an Initial Alarm.
The appropriate fire fighting apparatus responding on an initial fire incident shall
respond with the paid officer and a Reserve crew. The apparatus considered for this
response would be a tanker, structural pumper, or a brush truck and the appropriate
number of people responding will be dependent on which truck is used. Normal
staffing is: Brush Trucks - 2, Tankers - 2, and Structural Pumper - minimum of 3.
Once the initial crew has been dispatched, additional Reserve firefighters may
respond to the same incident. At the particular incident the entire contingent of
Reserve firefighters will be under the supervision of the paid officer assigned to the
Reserve Station. If after responding to a Mutual Aid incident, it is determined that
the paid officer and his crew will be out of service for at least two hours, another
paid officer will be required to be put in command at the Reserve Station until such
time that the regular paid Reserve Station Officer returns to service with his crew.
15.9 Reserve Station Response to a Secondary Fire Alarm.
Reserve station apparatus and Reserve firefighters may respond to a secondary
(different) fire alarm without a paid officer as long as the Reserve apparatus and
firefighters are simultaneously dispatched with a career apparatus, if the Reserve
apparatus arrives first on the scene, the Reserve firefighter in charge of that
apparatus shall make an initial sizeup of the situation, relay this information via
radio to the officer on the responding career apparatus for his instructions of what
initial action is to be taken by the Reserve crew.
15.10 Predetermined Response.
In situations where advanced planning is possible, e.g. the 4th of July, a maximum
of six Reserve firefighters may be utilized by one paid officer. These personnel
would work in a task force with one or more apparatus and would respond to
incidents with and under the supervision of the paid task force officer. Any
additional task force crews would require another paid officer before responding to
fire alarms.
15.11 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:
(a) 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.
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(b) When all full-time on -duty crewed apparatus are assigned to an
incident and are unavailable to cover a move -up.
(c) 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.
Time 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.
15.12 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.
15.13 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.
ARTICLE 16 - WAGES
16.1 LEOFF members:
1994 = No wage increase for the year 1994.
1995 = Effective 1-1-95 the base salary of LEOFF members
will be increased by an amount equal to 90% of CPI based
on an averaging of the US Cities Consumer Price Index
(CPI -W) and the Seattle Consumer Price Index (CPI -W) for
the period of July 1993 to July 1994, subject to a minimum
of 2.5% and a maximum of 4.5%.
Effective 7-1-95 each LEOFF Fire classification base
monthly salary shall be adjusted to the July 1, 1995 base
monthly salary of the like Police classification.
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16.2 Fire Dispatchers 1994 = No wage increase for the year 1994.
& Alarm 1995 = Effective 1-1-95 the base salary of Fire Dispatchers
Supervisor: and the Alarm Supervisor will be increased by an amount
equal to 90% of CPI based on an averaging of the US Cities
Consumer Price Index (CPI -W) and the Seattle Consumer
Price Index (CPI -W) for the period of July 1993 to July 1994,
subject to a minimum of 2.5% and a maximum of 4.5%.
ARTICLE 17 - HEALTH CARE INSURANCE
17.1 Medical, Vision and Dental Care Coverage -
(a) For the period of January 1, 1994 through March 31, 1994 Article 17 of
the 1992-1994 Collective Bargaining Agreement between the City of Yakima
and the International Association of Firefighters, Local 469 shall govern
health, vision, dental and long term disability coverage for LEOFF I and
LEOFF II employees. For the period of January 1, 1994 through March 31, 1994
Article 13 of the 1993 Collective Bargaining Agreement for PERS Fire
Department Employees between the City of Yakima and the International
Association of Firefighters, Local 469 shall govern health, vision, and dental
coverage for Fire Dispatchers and the Alarm Supervisor.
(b) Effective April 1, 1994 covered bargaining unit employees, retirees and
their dependents shall participate in the "City of Yakima Employees' Health
& Welfare Benefit Plans". Eligibility rules, types and of levels of benefits,
payment of premiums through a cafeteria plan, copayment, coinsurance and
deductibility requirements and all other terms and conditions for the
provision of these health benefits shall be governed by the "City of Yakima
Employees' Welfare Benefit Program".
17.2 Health and Dental Care Premium Contributions -
(a) January 1, 1994 - December 31, 1994
(i) Employee Health Care Premium Contribution: LEOFF I and LEOFF
II employee only health care coverage shall be paid for by the City and shall be at no
cost to the employee. LEOFF II employees, Fire Dispatchers and Alarm Supervisor
will be given the option to pay the difference in premium between the designated
100% coverage for LEOFF I and the City's "Plan", except that the deductible shall be
as stated in the "Plan".
(ii) Dependent Health Care Premium Contributions: The City shall
contribute up to $119.92 for dependent coverage for LEOFF I and LEOFF II
employees. The City and the employee shall share dependent medical program
premiums in excess of $119.92 per month contribution level on a 65% by the
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Employer and 35% by the employee basis, with a maximum employee contribution
of $85.00 per month.
(iii) Dental Care Premium Contribution: The City shall pay the
premium for LEOFF I and LEOFF II employee and dependent dental care coverage.
(iv) Fire Dispatchers and Alarm Supervisor Premium Contributions:
1994 health and dental care and life insurance premiums for Fire Dispatchers and
the Alarm Supervisor shall be paid according to Article 13.2 of the 1994 - 1995 Fire
PERS contract.
(b) January 1, 1995 through December 31, 1995
(i) Employee Health Care Premium Contribution: LEOFF I, LEOFF II,
Fire Dispatchers and the Alarm Supervisor employee only health care coverage
shall be paid for by the City and shall be at no cost to the employee. LEOFF II
employees, Fire Dispatchers and the Alarm Supervisor will be given the option to
pay the difference in premium between the designated 100% coverage for LEOFF I
and the City's "Plan", except that the deductible shall be as stated in the "Plan".
(ii) Dependent Health Care Premium Contributions: Effective January
1, 1995, the City shall contribute up to $119.92 for dependent coverage for LEOFF I,
LEOFF II, Fire Dispatchers and the Alarm Supervisor. 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.
(iii) Dental Care Premium Contributions: The City shall pay the
premium for LEOFF I, LEOFF II, Fire Dispatchers and the Alarm Supervisor
employee and dependent dental care coverage.
(c) Employee contributions under this Article will be accomplished through
normal payroll deductions.
(d) If the average dependent composite cost for the "Plan" goes below $119.92,
said formula for the cost sharing shall cease for that calendar year. This will be
reviewed once per year according to the data provided by Direct Administrators.
17.3 Retiree Coverage - The City of Yakima Employees' Health and Welfare
Benefit Plan shall provide retirees and dependents of retirees the right to remain in
the group plan as follows:
(a) LEOFF I retirees shall remain in the group medical plan at no cost to
the employee. LEOFF II, Fire Dispatcher and Alarm Supervisor retirees
may elect to remain in the group medical plan until they reach age 65,
upon payment of the required premium.
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(b) Spouses of retirees may remain in the group medical plan until they
reach age 65 or in the case of spouses of deceased retirees, until they
reach age 65 or remarry, whichever occurs first.
(c) Other dependents of retirees may remain in the group health care plan
as long as they remain eligible under the provisions of the plan or
when coverage for the retiree and spouse, or, the spouse of deceased
retiree terminates, at which time such dependent insurance coverage
would cease regardless of the age of the dependents.
(d) Retirees, or spouses of deceased retirees, shall pay the premium and
other shared dependent coverage costs (including dependents if
enrolled) which shall be based on the same formula as active
employees and dependents within the bargaining unit. Premiums
shall be paid by deduction from retirement checks paid to retired
employees or their beneficiary.
17.4 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.
ARTICLE 18 - LIFE INSURANCE
18.1 The City will provide, without cost to the employee, $10,000 in face amount of
life insurance.
ARTICLE 19 - LONGEVITY PAY
19.1 The City will pay longevity pay upon satisfactory completion of the following
service and at the designated rate:
(Effective 1-1-94) (Effective 7-1-95)
Service In Years
Service In Years Percent Of Base Pay
5 4 1.5
10 9 3
15 14 4.5
20 19 6
24 24 8
Service in years shall be defined as in Article 21, Vacation Leave, of this Agreement.
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ARTICLE 20 - SPECIAL PAYS
20.1 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 for LEOFF personnel
or eight (8) hours for Fire Dispatchers and Alarm Supervisor, 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.
20.2 Eligibility for Acting Assignments. In order for an employee to be eligible for
assignment to an acting position, that employee must be eligible for promotion to
the position in accordance with the promotional standards in the current collective
bargaining agreement, with one specific exception in acting as a Lieutenant.
Specifically, the requirements are:
1. In order to act in the position of Lieutenant, an individual must
be on the current register as maintained by the Civil Service
Chief Examiner. Acting Lieutenants, for their respective shifts,
shall be picked from the top of the register down to fill an acting
position. If no current register exists or there is not a Fire Fighter
available who is on the list, on the affected shift, then a Fire
Fighter who meets all of the requirements to be eligible to take
the Lieutenant's exam shall be selected.
2. In order to act in the position of Captain, an individual shall be a
Lieutenant in rank and be on the current register for Captain as
maintained by the Civil Service Chief Examiner. Acting
Captains, for their respective shifts, shall be selected from the top
of the register down to fill an acting position. If no current
register exists then a Lieutenant who meets all of the
requirements to be eligible to take the Captain's exam shall be
selected. The one exception to this section is, in an emergency
when no Lieutenants are available, on or off duty, to fill an
acting Captain position, then a Fire Fighter who meets the
criteria for acting Lieutenant may be assigned to act as a Captain,
but for only as long as it takes to contact and hire a Captain or an
eligible Lieutenant to fill the vacancy.
3. At no time will personnel who do not meet the requirements
listed above be allowed to act.
20.3 Station Reassignment: An employee who is reassigned from his/her
scheduled station assignment to a different fire station shall, upon application on
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standard travel reimbursement forms, be reimbursed for the use of his/her personal
automobile at the rate prescribed in Section 20.5 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.
20.4 Call Back.
(a) An employee who is called back to duty after his scheduled shift has
terminated, but before the scheduled start of his next shift, shall 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.
20.5 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 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.
20.6 LEOFF Uniform Maintenance. All LEOFF bargaining unit members 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.
20.7 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).
ARTICLE 21- VACATION LEAVE & KELLY DAYS
21.1 Vacation Leave - Each LEOFF employee shall have a vacation account.
Accruals to this account for LEOFF employees working straight day shifts shall be at
the following rates:
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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
21.2 LEOFF employees assigned to a 24 hour shift shall be eligible to carry
maximum vacation leave accumulations according to the following schedule:
Service In Years
Accruals 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
21.3 Each employee in the classifications of Fire Dispatcher and the Alarm
Supervisor 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;
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(f) Employees with more than twenty (20) full years of service shall
earn twenty-four (24) working days provided they become
employed by the City of Yakima prior to January 1, 1981.
21.4 Fire Dispatchers and the Alarm Supervisor 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.
21.5 Service in years for LEOFF classifications and Fire Dispatchers and
Alarm Supervisor is defined as the most recent period of employment
unbroken by voluntary termination, voluntary retirement, voluntary leaves
of absence in excess of thirty (30) days or termination for cause. Such service
shall not be considered broken by period of disability retirement, or leave
without pay in excess of thirty (30) days for medical reasons, if approved by
the Fire Civil Service Commission during which times 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.)
21.6 If a LEOFF 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.
21.7 Scheduling of Vacation, Kelly Days, and Days Off in Lieu of Holidays for
LEOFF Employees (PERC Case No. 7900-U):
(a) 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.
(b) The total annual Kelly Days for each LEOFF member shall be increased
according to the following schedule:
Effective after signature of this agreement, the Kelly day total
shall be increased to 9 Kelly days for each LEOFF employee.
1-1-95 the Kelly day total shall be increased to 10 Kelly days for
each LEOFF employee.
21.8 For LEOFF classifications and Fire Dispatchers and Alarm Supervisor 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
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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.
ARTICLE 22 - LEOFF EMPLOYEE HOLIDAYS
22.1 (a) All LEOFF 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.
22.2 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.
22.3 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.
22.4 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 23 - FIRE DISPATCHERS & ALARM SUPERVISOR HOLIDAYS:
23.1 Holidays With Pay.
(a) Day Off. If an employee performs no work on a holiday, within
ninety (90) days that employee shall have time off equal to the
number of hours scheduled most frequently in his regularly
scheduled shifts.
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(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 27.
23.2 No employee shall be paid for a holiday unless such employee is
in a pay status both the workday before and the workday after such holiday.
Exception to the above shall be made for an employee who works a holiday as
directed by the City.
23.3 An employee who performs work during a period when the employee
is on a scheduled time off shall receive time and one-half (1.5) for all hours
worked and shall receive time off as specified in 23.1(a).
23.4 Fire Dispatchers and the Alarm Supervisor 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.
ARTICLE 24 - SICK LEAVE ACCRUAL/EXCHANGE FOR LEOFF EMPLOYEES
24.1 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.
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(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).
24.2 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:
(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).
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24.3 The maximum accumulation of sick leave for LEOFF II employees shall be a
total of 1,440 hours for any purpose including use and/or exchange.
24.4 Sick Leave Exchange Procedure - Any regular LEOFF II employee may
exchange accrued sick leave as provided in Sections 24.1, 24.2, 24.6, 24.7 or 24.8
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.
24.5 Regular LEOFFII employees hired on or after October 1, 1977, shall be granted
sick leave in accordance with Municipal Code 2.22.075.
24.6 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.
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).
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24.7 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 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).
24.8 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.
24.9 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.
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ARTICLE 25 - SICK LEAVE ACCRUAL/EXCHANGE FOR FIRE DISPATCHER &
ALARM SUPERVISOR EMPLOYEES
25.1 For the purposes of this Article only, a day shall be construed as eight
(8) hours.
25.2 Sick Leave Exchange or Cashout. Fire Dispatchers and the Alarm
Supervisor 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.
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(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.
25.3 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.
25.4 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.
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ARTICLE 26 - BIRTHING LEAVE
26.1 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.
26.2 A LEOFF II employee, Fire Dispatcher or Alarm Supervisor 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 27 - COMPENSATORY TIME OFF
27.1 All bargaining unit employees shall have the option of receiving payment or
credited time off at the rate of one and one-half (1.5) actual overtime hours worked
in accordance with Municipal Code Section 2.22.040. Compensatory time shall be
separately accounted for and will have to be cleared by use or pay by December 31,
annually.
Up to 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.
27.2 Court Appearance Leave - In the event LEOFF members of the bargaining
unit receive a subpoena to appear in court to provide testimony in an official
capacity, such required absence from scheduled duty shall be considered time
worked for pay purposes. When said employees are required to appear in court in
an official capacity in their off duty hours, they shall be paid at the applicable rate for
such time. Verification of court attendance shall be on a form prescribed by the Fire
Department and shall include a statement of hours signed by the relevant court
clerk.
27.3 An off duty LEOFF 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 27.2 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.
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27.4 Training Time -
(a) For LEOFF employees, off duty training 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.
(b) For Fire Dispatchers and Alarm Supervisor, 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 28 - ALARM OFFICE PROVISIONS FOR FIRE DISPATCHERS AND
ALARM SUPERVISOR
28.1 Use Of Qualified Employees. Persons assigned to work independently
in the Alarm Office shall be fire dispatch personnel who have passed the
required Fire Dispatcher Civil Service Exams and/or hold the rank of Alarm
Supervisor.
28.2 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.
28.3 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.
28.4 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. Regular Alarm Office positions declared vacant shall be examined
for and filled by regular 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.
ARTICLE 29 - OVERTIME FOR LEOFF EMPLOYEES
29.1 Only the hours that a LEOFF employee is physically present on his assigned
shift or work period are considered hours worked.
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29.2 When LEOFF 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 LEOFF
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.
29.3 Premium Duty Pay - LEOFF personnel not on their normally scheduled shifts,
who are not assigned to work, except as noted in 29.4 below, shall be paid at the
overtime rate required by the Fair Labor Standards Act.
29.4 Emergency Duty Pay - When LEOFF personnel are called from off-duty by the
Fire Chief or his designee 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.
29.5 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 30 - OVERTIME FOR FIRE DISPATCHERS AND ALARM SUPERVISOR
30.1 For Fire Dispatchers and the Alarm Supervisor, overtime hours are
those hours worked in excess of forty (40) hours in a regularly scheduled
seven (7) day work period and all hours outside one's normally assigned
shift. For the purpose of computing overtime all paid leave time shall be
considered time worked.
ARTICLE 31- DUTY WEEK FOR LEOFF EMPLOYEES
31.1 The average hours of duty for 24-hour shift LEOFF employees shall average
fifty-two (52) hours per week.
ARTICLE 32 - SMOKING ON DUTY
32.1 The Union and the City recognize that health problems are caused by
smoking and therefore agree to the elimination of the use of all tobacco products by
all members of the Fire Department 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 33 - WEIGHT CONTROL/PHYSICAL FITNESS
33.1 For LEOFF employees, there shall be established a physical fitness committee.
Composition of the committee shall consist of:
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(a) Two members of management.
(b) Two members of the bargaining unit.
(c) 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.
33.2 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.
33.3 All LEOFF personnel will be required to meet the physical fitness standards as
defined by the physical fitness committee. LEOFF 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.
33.4 Upon request by the fitness committee, only the medical results that pertain
to physical fitness shall be given to the committee.
33.5 Fire Dispatchers & Alarm Supervisor Provisions: Those members of the
bargaining unit who are employed in the positions of Fire Dispatcher or Alarm
Supervisor will have made available to them a time, which shall not exceed 60
minutes per work shift, to participate in an approved aerobics/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 representative appointed by the Union
Executive Board. At no time shall the scheduled aerobic/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 their aerobics/fitness times, the participants
shall provide all of their own personal aerobic/fitness clothing. The actual schedule
of aerobic/fitness period times, availability of relief and the list of approved
activities 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.
33.6 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
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be required at ages 40, 45, 50, and bi-annually after age 50. The results of a medical
examination for LEOFF employees as they relate to health/fitness to carry out job
responsibilities will be forwarded to the physical fitness committee.
ARTICLE 34 - CREATION OF NEW LEOFF CLASSIFICATIONS
34.1 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 35 - CREATION OF NEW FIRE DISPATCHER & ALARM SUPERVISOR
CLASSIFICATIONS
35.1 The salary, hours of work and fringe benefits for all newly created classifica-
tions 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 36 - FIRE DISPATCHERS & ALARM SUPERVISOR CLASSIFICATION
STUDIES
36.1 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 37 - ENTIRE AGREEMENT
37.1 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.
37.2 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.
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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.
37.3 Date of Hire List for LEOFF Employees - The City will provide a date of hire
list for LEOFF employees no later than February 1st of each year to be posted at all
fire stations.
ARTICLE 38 - CONSOLIDATED DISPATCH (Fire Dispatchers & Alarm Supervisor)
38.1 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.
ARTICLE 39 - NO PYRAMIDING
39.1 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 40 - MUNICIPAL CODE SECTIONS PERTAINING TO FIRE
DEPARTMENT LEOFF EMPLOYEES, FIRE DISPATCHERS AND ALARM
SUPERVISOR
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
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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
2.40.010 Eligible Employees
2.40.020 Vacation Leave
2.40.030 Sick Leave
2.40.040 Civil Leave
2.40.050 Military Leave
2.40.060 Leave Without Pay
2.40.070 Unauthorized Absence
2.44 Lobbying by City Personnel
2.44.030 Permitted Activities of Representatives
2.44.040 Payment for Services of Representative
2.44.050 Prohibited Expenditures
2.44.060 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.
ARTICLE 41- SAVINGS CLAUSE
41.1 All provisions of this Agreement are subject to applicable laws, and if any
provision of any article of this Agreement is held or found to be in conflict
therewith, said provision shall be void and shall not bind either of the parties
hereto; however, such invalidity shall not affect the remaining articles of this
Agreement. Notwithstanding any other provisions of this Agreement the
Employer may take all actions reasonable to comply with the Americans with
Disabilities Act and the Family Medical Leave Act. If the Washington State Health
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Care Reform Act of 1993 or federal Health Care legislation mandates changes to the
Health Care Insurance Article during the term of this Agreement, then the parties
agree to negotiate about those mandated changes subject to the dollar amounts and
contribution formula remaining the same as provided in Article 17.
ARTICLE 42 - TERM OF AGREEMENT
42.1 This Agreement shall be deemed effective from and after the 1st day of
January, 1994, through the 31st day of December, 1995; 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.
R.eommgnded by:
Ron Johnso9l,
President
Local 469, I.A.F.F.
Local 469, I.A.F.F.
Executed by the parties hereto this
CITY OF YAKIMA
By: C'
R. A. Zais, Jr.
City Manager
ATTEST:
By: /4)6:.,"..!�
City Clerk
A
Anthony . nke,
Management epresentative
City of Yakima
f
day of
1994.
CITY CONTRACT NO. ct 4 3 -3//c-94-6:"
LO, • L 46', TEATjiONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO
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