HomeMy WebLinkAboutR-1994-129 Collective Bargaining Agreement (Fire PERS)•
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RESOLUTION NO. R-94- 129
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 PERS), AFL-CIO
WHEREAS, pursuant to requirements of state law, labor negotiations
have occurred between the City and Fire PERS Fire Department employees
represented by the International Association of Firefighters (Fire PERS), 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 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 years 1994 and 1995 with the International Association of Firefighters
(Fire PERS), 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 27th day of September, 1994.
ATTEST:
CITY CLERK
MAYOR
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 1,1994 until December 31, 1995
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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 1
- UNION SECURITY 1
- PAYROLL DEDUCTIONS 2
- MANAGEMENT RIGHTS 2
- PRODUCTIVITY 3
- EQUAL OPPORTUNITY CLAUSE 3
- PROPERTY LIABILITY 3
- GRIEVANCE PROCEDURE 4
- RELEASE FROM DUTY 6
- COLLECTIVE BARGAINING COMMITTEES 7
- COLLECTIVE BARGAINING PROCEDURE 8
PROVISIONS APPLICABLE TO WAGES AND BENEFITS
ARTICLE XII
ARTICLE XIII
ARTICLE XIV
ARTICLE XV
ARTICLE XVI
ARTICLE XVII
ARTICLE XVIII
- WAGES 9
- MEDICAL, VISION, DENTAL AND LIFE INSURANCE 9
- LONGEVITY PAY 13
- SPECIAL PAYS 13
- VACATION LEAVE 14
- SICK LEAVE/EXCHANGE OR CASHOUT 15
- COMPENSATORY TIME OFF 17
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
- SPECIAL PROVISIONS 18
- TRAINING TIME 19
- CLASSIFICATION 19
- SMOKING ON DUTY 19
- WEIGHT CONTROL/PHYSICAL FITNESS 19
- CREATION OF NEW CLASSIFICATIONS 20
- ENTIRE AGREEMENT 20
- SAVINGS CLAUSE 20
- MUNICIPAL CODE SECTIONS PERTAINING
TO FIRE DEPARTMENT PERS EMPLOYEES 21
- NO PYRAMIDING 22
- OVERTIME 22
- TOOL ALLOWANCE FOR ELECTRONIC
TECHNICIANS AND MAINTENANCE MECHANIC__ 22
- TERM OF AGREEMENT 22
Signature Page 23
Appendix "A" 24
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, fire dispatchers, alarm supervisor 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 mem-
bership 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 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
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employment except in the instance of intentional misconduct, but the City
retains its right to discipline any employee for just cause.
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.
(b)
- 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.
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.
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(c) Step 2 - Written Grievance To Division Supervisor - If the griev-
ance is not resolved at Step 1, then the grievance may be sub-
mitted to the Division Supervisor within twenty (20) calendar
days of receipt of the written decision of the immediate super-
visor 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 griev-
ance 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
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(g)
this Agreement. The decision within the jurisdiction of the arbi-
trator 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 Agree-
ment, such expenses and fees incumbent to the services of the
arbitrator shall be borne equally by the Employer and the Union.
Any grievance which the City's management may have against
the Union shall be reduced to writing and submitted to the Presi-
dent 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 griev-
ance 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
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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)
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 capa-
city, 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
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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 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 statute. 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.
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,
(b)
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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 mat-
ter prior to any final City Council action by ordinance, resolution
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 par-
ty 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 1994 = No wage increase for the year 1994.
1995 = Effective 1-1-95 the base salary of the bargaining unit members will be
increased by an amount equal to 90% of an averaging of the US Cities
Consumer Price Index (CPI -W) and the Seattle Consumer Price Index for
Wage Earners for the period of July 1993 to July 1994, subject to a minimum of
2.5% and a maximum of 4.5%.
12.2 For 1995 only, non -economic Articles would be open.
ARTICLE XIII - MEDICAL, VISION, DENTAL AND LIFE INSURANCE
13.1 Medical, Vision and Dental Care Coverage
(a) For the period of January 1, 1994 through March 31, 1994, Article
13 of the 1993 Collective Bargaining Agreement for Fire PERS
employees between the City of Yakima and the International
Association of Firefighters, Local 469 shall govern health, vision
and dental coverage for Fire PERS employees.
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 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".
(b)
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(c) 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) Fire PERS retirees may elect to remain in the group
medical plan until they reach age 65, upon payment of the
required premium.
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.
(b)
(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.
13.2 Insurance Premium Contributions
(a) January 1, 1994 - December 31, 1994
(i)
Employee Only Fringe Benefit Package (Medical, Vision,
Dental and Life Insurance). Effective January 1, 1994, 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.
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EXAMPLE FOR ILLUSTRATION PURPOSES ONLY
May 1, 1994
1994 Projected Claims (Medical, Dental & Life) =
Less City/Employee Combined
Contribution Rate
Difference (Savings) =
50%/50% Split
City Premium Contribution =
Employee Premium Contribution
(By payroll deduction)
$207.67
$150.00
$ 57.67
$ 28.84
$148.84
$ 58.83
The Twenty -Eight Dollars and Eighty -Four Cents ($28.84) per
month was applied to the employee base contribution of Thirty
Dollars ($30.00) per month, which resulted in the Fifty -Eight
Dollars and Eighty -Three Cents ($58.83) per month contribution.
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, 1994, 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
May 1, 1994
1994 Projected Claims (Medical, Dental
Less City/Employee Combined
Contribution Rate
Difference
50% / 50% Split
City Premium Contribution
Employee Premium Contribution
& Life)=$409.30
= $300.00
= $109.30
= $ 54.65
= $304.65
= $104.65
(b)
The Forty -One Dollars and Nineteen Cents ($41.19) 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.
Any premium amounts in excess of the Three Hundred Dollar
($300.00) level shall be determined by the applicable broker of
record.
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 January 1, 1994
and December 31, 1994, 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.
(c) January 1, 1995 through December 31, 1995
(i)
Employee Only Fringe Benefit Package (Medical, Vision and
Dental Insurance): Effective January 1, 1995, employee only
health care coverage shall be paid for by the City and shall be at
no cost to the employee. Bargaining unit members 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 bargaining unit members. The City and
the employee shall share dependent health care 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 employee and dependent dental care coverage.
(iv) Employee contributions under this Article will be accomplished
through normal payroll deductions.
(v) If the average dependent composite cost for the "Plan" goes
below $119.92, said formula for the cost sharing shall cease for
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that calendar year. This will be reviewed once per year according
to the data provided by Direct Administrators.
13.3 Life Insurance. For the period January 1, 1994, through December 31,
1995, the City will provide $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(a)(i) and
13.2(a)(ii) for calendar year 1994. Effective January 1, 1995 the City will
provide $10,000 in face amount of life insurance at no cost to the
employee.
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:
(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 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
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)
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(b)
hours and the Employer has the right to work the employee for
two (2) hours or more.
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 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.
Effective January 1, 1994, members shall have a one time option to participate
or not in uniform cleaning service or receive $60.00 payment per year.
15.4 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 employee within the bargaining unit 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;
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(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 lim-
its 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 canceling
results in vacation accumulation over the stated limits as of December 31 of
any particular year then the Employer will pay for said vacation at the normal
hourly rate. Payment for any vacation 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 vaca-
tion previously canceled.
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:
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(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.
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.
(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
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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.
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.
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ARTICLE XIX - SPECIAL PROVISIONS
19.1 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.
(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).
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.
19.3 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.
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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
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
-19 -
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.
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. Notwithstanding any other provisions of this Agreement the
Employer may take all actions reasonable to comply with the Americans with
-20 -
Disabilities Act and the Family and Medical Leave Act. If the Washington State
Health 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 13.
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
2.24.015 Longevity Plan - Service Recognition Award
2.24.020 Leave Of Absence for Service in Armed Forces
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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
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.
ARTICLE XXXI - TERM OF AGREEMENT
This Agreement shall be deemed effective from and after the 1st day of Jan-
uary, 1994, except as otherwise indicated, and shall continue in effect until
December 31, 1995. 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
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Dispatch operations. Both parties agree to negotiate the effects of such a
decision.
Executed by the parties hereto this 4/ day of• a 3(2, 1994.
LOCAL 469, INTERNATIONAL
ASSOCIATION OF FIREFIGHTERS,
AFL -CI
Presi
i iii
Larrorehouse,
Chie egotiator
Local 469, I.A.F.F.
-23 -
CITY OF YAKIMA
By: .,
R. A. dais, Jr..
City Manager
ATTEST:
By: �,.Y��
City Clerk
Bv:
"I! I� y ' Menke
Managem:) t Rep-
resentative
City of Yakima
APPENDIX "A"
1994 SALARY SCHEDULE
LOCAL 469, I.A.F.F. - PERS
Pay Class Pay Range Steps
A B C D E
Range Code Class Title
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 1/1/93 Hr 16.74 17.50 18.30 19.09 20.01
1/1/93 Mo 2901.54 3033.28 3171.94 3308.87 3468.33
560 8230 Maintenance 1/1/93 Hr 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
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
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1USINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 1 �'
For Meeting Of 9/ 27 / 94
1iEM I'I'ILE: Consideration of Legislation regarding the 1994-1995 Collective Bargaining Agreement
Between the City of Yakima and IAFF Local 469 (Fire PERS)
SUBMITTED BY: Dick Zais, City Manager
Al Chronister, Fire Chief
Sheryl M. Smith, Deputy Personnel Officer
CONTACT PERSON/TELEPHONE: Dick Zais, x6051
Sheryl M. Smith, x6090
SUMMARY EXPLANATION:
The attached resolution authorizes a two year Agreement with the IAFF, Local 469 (Fire PERS) . This contract
represents the result of several months of negotiations between the parties. The settlement package is outlined below:
Major 1994-1995 Fire PERS Labor Settlement Provisions
Duration: 1/1/94-12/31/95.
Union
Recognition: Excludes fire dispatchers and alarm supervisors as a result of the State Legislature granting
access to interest arbitration to fire dispatchers. Fire dispatchers and the alarm supervisors, as
a result, are covered by the Fire LEOFF collective bargaining agreement.
Wages: Effective 1/1/94 - No increase.
Effective 1/1/95 - On 1/1/95 base monthly salaries for covered employees will be increased by
90% of the CPI based on an averaging of the U.S. Cities CPI -W and the Seattle CPI -W indices
for the period of 7/93-7/94, subject to a minimum of 2.5% and a maximum of 4.5%. For 1995 only,
there is a provision for a reopener on non -economic Articles.
Benefits: Effective 1/1/95 - The premium cost sharing formula for dependent health care coverage will be
the same as the LEOFF Fire bargaining unit. Further, the City will fully fund employee only
health care coverage.
Effective 1/1/95 - The change in the premium cost sharing formula for health care care
coverage will result in the City fully funding the employee's $10,000 life insurance benefit.
Effective 7/1/95 - Add another step to the longevity plan at 24 years.
According to the City's calculations, the 1994-1995 combined settlement cost for Fire LEOFF & PERS is estimated in the
$150,000 - $200,000 range. (This calculation includes the costs of the Fire PERS bargaining unit settlement as indicated
on the 5/24/94 Agenda Packet for the Fire LEOFF settlement.)
Resolution X Ordinance Contract X Other (Specify)
Funding Source
APPROVED FOR SUBMITTAL��=�
City Manager
STAFF RECOMMENDATION: Enact Resolution Authorizing the Execution of the Collective
Bargaining Agreement.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution No. R-94-129