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Home My WebLink AboutIAFF LOCAL 437, 2006-2008 . . -'" ',"~, T!1~cj~oFP~fcf/~(\ND.oPp.oR'lJ.1r:J[IJf:. {':,l,~':"':, BREMERTON FIRE DEPARTMENT Allison Duke "', Fire Chief AI.duke@ci.bremerton.wa.us MEMORANDUM OF UNDERSTANDING . . . ~ '., t ' ," . '"' '~'~.' ,lim~' " "1OO'iI ~~ :" ',~m~',:, This Memorandum of Understanding is agreed to pursuant to Article 23.1 of the Collective Bargaining Agreement between the City of Bremerton and the International Association of Fire Fighters Local #437. Article 4.3.1 Each member of the bargaining unit shall be assessed five (5) hours of compensatory leave (exempt or non-exempt) or accrued annual vacation leave on January 1 sl of each calendar year for the purpose of establishing and maintaining a union leave bank. The union leave bank may be used by any member of tn~ ~rgaifltQg unit with prior written approval of the Union President, Vice President or t~eir specif~Ertti:JeSignee"TJ.:1e category of leave donated will be at the discretion of each member~Thi~ union l~av~Penk mC\Y"be used for any activity consistent with the lawful purposes of the union. 'h " ,7 ,:>>' '/"4~~>' /, · Unio~.leave ~ust ~e ap~rovedby ~,~4presfd~l1t Vice~r:~igent or, in their absence, a specified deSIgnee, : ,", ""f ., Y , · Union. leave may be,'use~ijn rny1W1~~men1s ;~yP'in9riO~-R!oductive and/or productive hours d,!4'(' 0/.",. , #, · Union' leave must be\appfied lor 1.r'n,Qurs'in_ang:e of,theJeave taking place; · Union leave will be ch~'r~ed at ~t~ighhtlffie; ""i~4;, , ,,' · Union leave will be gua(~nte-ecj, '&yen.,if itis-:#)~t otherWis~ 'eligible, under Articles 8.3, 8.5 or 8.7 of this agreement.? ,,1'" /''')' " , , ';' < n<..l", The City shall produce a statement of aj(lrhi9;n leav'eexp~~ded upon request. "c ..,,-fP This letter of understanding may be modified and or revoked by either party with thirty (30) days written no .Ge:--'_.._,...._',...~......., ~ ob Ashmore V.P. IAFF Local 437 ~ arcl Conley Human Resource Director . r, _.,.1.-<_-_,"'_"" _"~_" ___". . ;_:_ -'-_ ',. ,_ _,I" '.,_.~,'" "" .~ ....._.c..'. '- .w.;o _,_ _.' ._ ,.,. _ '_' ".....'. "'-~L _,'"_. ,. _,. '_~'.~' ~.__ _._., __"~~~__"_r>__ _..~ ._' _".,~_~ .... _'~_ _L___~__'-h -~... , ': > ':.: ~ "", ',".' ; tHE"crry d p.RIIiiE,'Af'ip OPPOkT!-Jh:!lrYS~;- ,': f~ :," BREMERTON FIRE DEPARTMENT Allison Duke ,", Fire Chief Al.duke@ci.bremerton.wa.us :.~,'~' ,,'; -':'., ',""', ~?" .'tt11~, . ,^ ':cri.1~:-. '. :' :' '.', " t001J,'{~~~ .J . ;. : ,~\Ykm~ '," -.-:' MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is agreed to pursuant to Article 23.1 of the Collective Bargaining Agreement between the City of Bremerton and the International Association of Fire Fighters Local #437. Article 7, pertaining to overtime assignment and distribution is hereby amended as follows: ARTICLE 7 OVERTIME 7.1 OVERTIME DEFINED: Overtime is all required and authorized work performed in excess of an employee's normal work schedule. Overtime includes required training, instruction, equipmentlSCBA repair, callback and other such work which is required and authorized by the City and is performed during an employee's normally scheduled off-duty time. For the purposes of this Article, Acting Officer compensation hours will be included. 7.2 OVERTIME COMPENSATION: Overtime shall be compensated at the rate of one-and- one-half (1-1/2) times an employee's hourly rate in cash or in compensatory time. The form of overtime compensation shall be at the choice of the employee unless otherwise expressly provided by the terms of this Article. 7.3 HOURLY RATE DEFINED - SHIFT EMPLOYEE: A shift employee's hourly rate shall be computed as follows: Semi-monthly wage rate multiplied by twenty-four (24) pay periods. The result shall be divided by the annual average hours of work for shift employees. 7.4 HOURLY RATE DEFINED - NON-SHIFT EMPLOYEE: A non-shift employee's hourly rate shall be computed as follows: Semi-monthly wage rate multiplied by twenty-four (24) pay periods. The result shall be divided by the annual average annual hours of work for non-shift employees. 7.5 CALL BACK OVERTIME: In the event an employee who has left the work place is called back to duty for a period of time which is less than two (2) hours, the employee shall receive a minimum of two (2) hours of overtime compensation. 7.6 HOLD OVER AFTER NORMAL DUTY SHIFT: In the event an employee is held over after the expiration of his/her normal duty shift, the employee shall be compensated at the overtime rate for the actual time held over. 7.7 COURT AND/OR SUBPOENAED APPEARANCES: An employee who responds to a subpoena or appears in Court in a case on behalf of the City on off-duty time shall be paid at his or her overtime rate for all hours related to such appearances. The two (2) hour minimum referenced in article 7.5 shall apply to court or subpoenaed appearances. . Page 2 August 27, 2008 7.8 ON CALL FIRE INSPECTOR/DUTY CHIEF: An employee who is assigned to serve as On Call Fire Inspector/Duty Chief shall receive ten (10) hours of overtime at time-and-one-half for each seven (7) day period so served. In the event that an On Call Fire Inspector/Duty Chief is called out, the employee shall receive a minimum of two (2) hours of overtime pay at time-and- one-half for each call out. If the On Call Fire InspectorlDuty Chief is required to be on call on a holiday, he/she shall receive two (2) hours of paid overtime. The shift Captain/Acting Captain shall be eligible to be Acting Duty Chief during special circumstances. The Captain/Acting Captain who fulfills the Duty Chief responsibilities shall be compensated per article 5.11.1 of the C.BA 7.9 LIMITATION OF COMPENSATORY TIME: A non-shift employee may accumulate up to two hundred forty (240) hours, and a shift employee may accumulate up to three hundred fourteen (314) hours of compensatory time. Compensatory time shall be granted unless it is unduly disruptive. An employee may request the Fire Chief to approve cash payment for accumulated compensatory time. Upon receipt of such approval, compensatory time shall be paid out at the employee's hourly rate for each hour of compensatory time requested to be converted to cash. 7.10 COMPENSATORY TIME USAGE: An employee desiring to utilize accrued compensatory time shall be required to complete and file a Leave Request form requesting Compensatory leave with the Chief or his designee not less than one hundred twenty (120) hours prior to the requested date(s) of usage, except for holidays. Employees desiring to use compensatory time on a city observed holiday shall submit a Leave Request not more than fifteen (15) shifts in advance of the holiday request. On the fifth (5th) shift prior to the holiday, a lottery will be held among the employees who have submitted a Leave Request for usage of compensatory time for the holiday. It shall be understood that no more than a full 24 hours aggregate of compensatory leave shall be permitted per shift, regardless of the number of employees taking time off that shift. (EXAMPLE: One (1) employee taking comp time for full 24 hour shift, would count the same as 3 employees, each taking off 8 hours the same shift). Usage of compensatory time beyond the 24 hours aggregate described above may be granted to other bargaining unit employees on the same day, unless it would cause overtime. The parties agree that there will be no forced overtime in order to provide shift coverage due to use of compensatory leave. Except for holidays, should more than one employee request the same time off, the employee whose form was submitted first will be granted the compensatory time off. If a member' has a vacation slot selected for vqcation, the member may use his/her Exempt . Compensatory time in this situation. This scenario would not affect the shift with regard to using Compensatory time. 7.11 OVERTIME WORK ASSIGNMENTS: Overtime work will be assigned to employees on the basis of the Fire Service and Emergency Medical Service needs. For the purposes of hiring overtime the following staffing levels shall be maintained as a minimum: one (1) Captain/Acting Captain, two (2) Lieutenants/Acting Lieutenants and two (2) paramedics with a total of eleven on duty each day as a minimum. While the City maintains the response agreement with South Kitsap Fire & Rescue the following minimums shall be maintained: one (1) Captain/Acting Captain, two (2) Lieutenants/Acting Lieutenants and three (3) paramedics with a total of 12 on duty each day as a minimum. . Page 3 August27,2008 7.12 CALLBACK PROCEDURE: 7.12.1 Using the monthly staffing calendar, confirm the status (on-duty, off duty: vacation, K-day, educational leave, administration leave, sick leave, disabilities, etc) of all shift members. Specifically note the number of officers (Captain/Acting Captain, Lt/Acting Lt), paramedics, and firefighters scheduled to work. 7.12.2 Using the minimum staffing recommendations found in 7.11, identify what positions are needed to fulfill 'minimum' staffing levels. 7.12.3 Using the overtime roster, identify the employee having worked the fewest number of overtime hours and determine if they are available and eligible to fill the needed overtime position. In the event that two or more members have an equal number of cumulative overtim.e hours, relative seniority position shall determine the order of eligibility. 7.12.4 The Captain/Acting Captain shall personally contact an employee with an offer of overtime work, the contact shall be noted on the overtime card file, which shall be used to maintain records of calls made and responses received. 7.12.5 If overtime is needed for an officer position, and if the officer is the individual with the lowest number hours, hire the officer. If it is not an officer use acting officers from the shift and hire the employee with the least number of overtime hours that maintains minimum staffing identified in Article 7.11 7.12.6 The Captain/Acting Captain have the authority to shift personnel from station to station when needed to balance the experience levels between the stations. This shall include moving regularly appointed officers in lieu of using acting officers. 7.12.7 Overtime duration in length of less than three hours shall be assigned at the discretion of the Captain or Acting Captain. 7.12.8 New employees shall complete one year of employment before their name is added to the overtime roster. The newly eligible employee shall be placed on the overtime roster according to the following formula (# of eligible employees X 0.75= relative position on the overtime roster.) 7.12.9 In the event no one accepts the overtime assignment, the Captain/Acting Captain shall "force hire" whoever has the least number of overtime hours and is eligible to fill the position from the emplovees currentlv on duty. In the case where no on duty personnel are eligible to be force hired, the Captain/Acting Captain shall revert back to the overtime roster and begin with the employee having the fewest overtime hours who is eligible to fill the position Employees that are forced in shall not have those hours counted on the overtime roster. Employees that are force hired can find eligible employees to fill their position. Employees on their paid leave cycle, during shift trade/standby cycle, during a Kelly day cycle, Labor Conference/Negotiations for the Union Executive Board or on an employee's scheduled educational leave time are not eligible to be forced hired. 7.13 CALLBACK RECORDKEEPING: All overtime hours compensated with overtime payor compensatory time shall be entered on the overtime roster except for employees forced in and those working Christmas, and Union officials performing Union functions in which they can only receive F.L.SA "Exempt Compensatory" time. All overtime slips for shift personnel shall be routed through the Captains office and placed on the daily and overtime rosters. . Page 4 August 27, 2008 All overtime worked by day shift on shift should be entered on the overtime roster as detailed above. All other day shift overtime, i.e. on call, call outs will be given to the Captains for inputting at the end of each payroll period. In addition, the shift Captain/Acting Captain shall maintain the overtime card file in which shall have the records of calls made and responses received are documented. 7.14 CHRISTMAS OVERTIME: Christmas overtime rules shall be applied as above except: Those eligible to fill the position shall be offered the opportunity to work the overtime prior to force hiring someone to work on Christmas Day. The Christmas overtime hours shall not be counted on the overtime roster. All other overtime provisions shall apply. 7.15 EMERGENCY CALL BACK: During times of natural or man-made disasters or emergencies, the Department may feel the necessity that additional personnel are needed. In this event, the Department will activate an "Emergency Call-Back" of personnel. All leaves and time off may be canceled by this type of event that requires mandatory reporting to duty. This section does not apply to a typical first or second alarm emergency. This letter of understanding may be modified and or revoked by either party with thirty (30) days written notice. August 28, 2008 Todd D. Thorsen President IAFF Local 437 ~AJ/-- R b Ashmore V.P. IAFF Local 437 c3t~~ G~~... Carol Conley Human Resource Director MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is agreed to pursuant to Article 19, Section 19.1 of the Labor Agreement between the City of Bremerton and the International Association of Fire Fighters Local #437. Article 5, Section 5.1.3 is hereby amended with an effective date of May 1, 2007 as follows: PAY DIFFERENTIALS Firefighter @ Step 1 = 70% Firefighter @ Step 2 = 75% Firefighter @ Step 3 = 85% Firefighter @ Step 4 = 90% Firefighter @ Step 5 = 100% SCBA/Mechanic = 104% Firefighter/Paramedic = 112.5% Fire Prevention = 112.5% Lieutenant = 115% Captain = 128% 130% Battalion Chief = 133.5% 136% Todd D. Thorsen President IAFF Local 437 ~.dL-- ob Ashmore V.P. IAFF Local 437 Carol Conley Human Resource Mana r DCity of Bremerton D Department D IAFF #437 D sOP/saG ()-.o1~RS ~~OC' x" "c, , -1(' 1,'11 ;!;~{ii,: ~ 'q .fi; '~."F]'.?-'f ;- . . : :1 el "" . ':~;r.~/.'-'..,~ So l, I-~"'.~ ~l='MEfr'( 0 This Memorandum of Understanding is agreed to pursuant to Article 19 of the Labor Agreement between the city of Bremerton and the International Association of Fire Fighters Local #437. Article 7.11 is hereby amended as follows: 7.11.1 MINIMUM STAFFING DURING THE CONTRACT RESPONSE AGREEMENT WITH SOUTH KITSAP FIRE & RESCUE (BOUNDARY DROP): While the S.K.F.&R. contract is in effect a minimum staffing level of 12 will be maintained; this shall include a minimum of three (3) officers/acting officers, three (3) paramedics and six (6) fire fighters. This agreement entered into on March 30, 2007. ~~J TODD D. THORSEN PRESIDENT IAFF LOCAL #437 / '.') . ",I: ir--~'-' __. Lr~ l i L ALLISON DUKE" , FIRE CHIEF BREMERTON FIRE DEPARTMENT '{f:t A~ ROB ASHMORE VICE PRESIDENT IAFF LOCAL #437 CAROL CONLEY HUMAN RESOURCE MANAGER CITY OF BREMERTON .ii m:~. ~. I t1) i-Ii _ -=c _ __.__ 0 : :11 -,:1 ... i_._~_=~~~~_;_~~~~=~~_~:-~ ~_ ~ "';~~~~_~~~~~-=-~~~~~~0 _~~J_;: ~~I ~ ~_~:..~ ~~_~j : :~ .~---..:..___ _____::....~_u____ _ __ _:.... =--__ __'__--: :::.~,~_'::--:."._-':--=--. =-__-_:_~-~~_ ;.=:~..::~:_~~~~ _.::_- :.,-:=::;;::;::.~. - - -- ----....;;;._-';._-....;;..:=_-:.-;;:-;;.: - ~ BREMERTON FIRI! DEPARTMENT Allison Duke III, Flf'fI Chi.' AI.duke@ci.bremerton.wa.us MEMORANDUM OF UNDERSTANDING ~ This Memorandum of Understanding is agreed to pursuant to Article 23.2 of the Labor Agreement between the City of Bremerton and the International Association of Fire Fighters Local #437. Article 8.4 is hereby amended as follows: 8.4 MINIMUM VACATION LEAVE REQUESTS- SCHEDULED VACATION: Scheduled vacation leave shall be taken at a minimum of eight (8) hours. This agreement entered into on February 14, 2006 Todd D. Thorsen President IAFF Local 437 p~ Rob Ashmore V.P. IAFF Local 437 {. ~ Carol Conley Human Resource Director i I m... ~ ,I , BREMERTON FIRE DEPARTMENT Allison Duke III, Fire Chief AJ.duke@ci.bremerton.wa.us T8/360-478~381< u, ,', FtIic 360-478~397::,' , 911 Par1< Avenue: " ' Bremerton, WA 983~7 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is agreed to pursuant to Article 23.2 of the Labor Agreement between the City of Bremerton and the International Association of Fire Fighters Local #437. Article 16.3 is hereby amended as follows: 16.3 Due to a scheduling conflict with two career development courses, the promotional examination for Captain will be rescheduled to take place between March 18th and March 28th of 2006. This is a one time change in the scheduling of the promotional exam for Captain. Todd D. Thorsen President IAFF Local 437 -'ll:L A4fl Rob Ashmore V.P. IAFF Local 437 ~ Carol Conley Human Resource Director DATE SUBMITTED: 06-18-07 BILL # \),-lSS AGENDA BILL CITY OF BREMERTON CITY COUNCIL ........................................................................................ SUBJECT: Amend the labor agreement between The City of Bremerton and International Association of Firefighters Local #437 Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: Phone: Ct,-(,-07 ~ ~SS/~ 06-27-07 Fire Department Al Duke, Fire Chief 473-5381 SUMMARY: The labor agreement between the City of Bremerton and International Association of Firefighters Local #4372005 - 2008, had conflicting articles that created a pay decrease for the Captains and Battalion Chief. The proposed amendment will resolve the issue and take effect on May 1, 2007 for the six positions. ATT ACHMENTS: Memorandum of Understanding between the City of Bremerton and the International Association of Firefighters Local #437. FISCAL IMPACTS (Include Budgeted Amount): This will require a budget amendment to increase the personnel costs in the amount of $6,375. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: COMMITTEE CHAIR COUNCIL PRESIDENT: ~ /. -'k.p. CONSENT AGENDA GENERAL BUSINESS 0 PUBLIC HEARING 0 RECOMMENDED MOTION: Move to approve the Memorandum of Understanding between the City of Bremerton and the International Association of Firefighters Local #437 with a corresponding budget amendment and authorize the City to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ~ve 0 Deny 0 Table o Continue o No Action COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN CITY OF BREMERTON AND INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 437 January 1, 2006 through December 31, 2008 T ABLE OF CONTENTS TO THE COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN CITY OF BREMERTON AND INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 437 JANUARY 1,2006 THROUGH DECEMBER 31, 2008 PREAMBLE.................................................................................................. .4 ARTICLE 1 NON-DISCRIMINA TION........................................................4 ARTICLE 2 RECOGNITION........ . . .... . ... ... ...... ... . .... . ... ... .. . ., . ... ... ... ... . .. . ....4 ARTICLE 3 UNION DUES......................................................................5 ARTICLE 4 UNION ACCESS.................................................................. 5 ARTICLE 5 WAGES.......................................................................... ....6 ARTICLE 6 HOURS OF WORK............................................................... 9 ARTICLE 7 OVERTIME............... ........................................................1 0 ARTICLE 8 VACATION LEAVE.. . . .... . ... ... ..... . ... . .. .. . ... . .... . ... ... ... . ... .... . .. .12 ARTICLE 9 HOLIDAYS... . ... ....... ... . ... ..... . .. . ... .. . ... . .... . ... ... . .. . .. ..... . .. . .... .14 ARTICLE 10 SICK LEAVE AND INDUSTRIAL DISABILITy....................... ..15 ARTICLE 11 OTHER LEAVE... ... .,. ... . .... . .,. ... ...... ... . .. ..... . ... . .. . .. . ....... . .... ..19 COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1,2006 to December 31, 2008 Page 2 ARTICLE 12 ARTICLE 13 ARTICLE 14 ARTICLE 15 ARTICLE 16 ARTICLE 17 ARTICLE 18 ARTICLE 19 ARTICLE 20 ARTICLE 21 ARTICLE 22 ARTICLE 23 ARTICLE 24 ARTICLE 25 ARTICLE 26 ARTICLE 27 APPENDIX A RETIREMENT BENEFITS... . .. ... .. . '" ..... . . .. . . . ... . .. ... . ..... ........ .20 INSURANCE BENEFITS.................................................. ....21 CLOTHING AND UNIFORM CLEANING ALLOWANCE........... .22 PERSONNEL PRACTICES.................................................. .22 PROMOTIONAL EXAMS................................................... .24 GRIEVANCE PROCEDURE.. . ... . ....... . . .... . ........ . ... ... ... ... ... . ...26 SEVERABILITy.... ..... ... . ..... ... ... . ..... ...... ... . .............. ... ... .., .28 ENTIRE AGREEMENT... ... ...... .. . '" . .. ... ..... . ... . .. . .......... . ... .., .28 CONFLICTING PROVISIONS............................................. ..28 DRUG FREE WORKPLACE................................................ .28 DEFERRED COMPENSATION............................................. 32. LABOR MANAGEMENT COMMITTEE...... ........................... .33 PHYSICAL FITNESS PROGRAM........................................ ..3.3 TOBACCO FREE WORKPLACE......................................... .33 DISCIPLINARY ACTION.................................................. .33 TERM........................................... ............................... ...33 PAY SCHEDULE...... ...... ... ............ ...... ...... .... .... .,. .... ... ... ...35 Page 3 COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1,2006 to December 31, 2008 COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN CITY OF BREMERTON AND INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 437 January 1,2006 through December 31,2008 PREAMBLE This Agreement is made and entered into pursuant to the provisions of RCW Chapter 4.156 by and between the City of Bremerton, a municipal corporation of the State of Washington, hereinafter known as the "City", and the International Association of Fire Fighters Local No. 437, hereinafter known as the "Union" for the purpose of setting forth the wages, hours and working conditions which shall be in effect during the term of this agreement for employees included in the bargaining unit described in Article 2 below. . ARTICLE 1 NON-DISCRIMINATION 1.1 NON-DISCRIMINATORY APPLICATION: The prOVISIOns of this Agreement shall be applied equally to all employees in the bargaining unit without discrimination as to age, sex, marital status, race, color, creed, religion, national origin, political affiliation, mental, physical or sensory disability, unless based upon a bona fide occupational qualification. 1.2 DISCRIMINATION ALLEGATIONS: An employee who believes that he or she has been the subject of unlawful discrimination prohibited in Section 1.1. above shall seek relief through the appropriate local, state, or federal agency charged with investigating such matters, and shall not process such complaints through the Grievance Procedure of this Agreement. 1.3 NON-DISCRIMINATION - UNION ACTIVITY: The provisions of the Agreement shall be applied equally to all employees in the bargaining unit without discrimination as to Union affiliation or activity or lack thereof. The City and the Union shall each be responsible for complying with this provision. An employee who believes that he or she has been subject to discriminatory treatment prohibited by this provision may process such an allegation through the Grievance Procedure of the Agreement. ARTICLE 2 RECOGNITION 2.1 The City recognizes the Union as the sole and exclusive bargaining representative for the purpose of negotiations concerning wages, hours and working conditions for all employees in classifications set forth in Appendix A, and such classification as may be added to the bargaining unit during the term of this Agreement by mutual agreement of both parties or by official action of the Public Employee Relations Commission if mutual agreement cannot be reached. COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1,2006 to December 31, 2008 Page 4 ARTICLE 3 UNION DUES 3.1 . DUES DEDUCTIONS: The City will deduct monthly Union dues and initiation fees uniformly required of membership from the payor those employees who provide written authorization to the City to make such deductions. The City further agrees to make deductions for special union assessments one (1) time per calendar year from bargaining unit members at no cost to the union for administering such assessment. The City will transmit the total amount of deductions to the Treasurer of the Union. 3.2 DURATION OF AUTHORIZATION: Written employee authorizations will remain in effect during the term of this Agreement unless an employee revokes authorization by providing thirty (30) days written notice to the City and the Union. 3 .3 EQUIVALENT DUES PAYMENT: An. employee who revokes his or her written authorization to deduct dues or who refuses to join the Union shall contribute an amount equivalent to regular Union dues and initiation fees to a non-religious charity or to a religious organization mutually agreed to by the Union and the employee. The employee shall provide written evidence to the Union that such contributions have been made. 3.4 INDEMNIFICATION: The Union shall indemnify and hold the City harmless from any and all liability resulting from the administration of this Article. ARTICLE 4 UNION ACCESS . 4.1 CONDUCT OF UNION BUSINESS: Union business, such as handling grievances and other legitimate routine matters, may be conducted on Fire Department premises, provided that such business does not interfere with Fire Department operations and is authorized by the Fire Chief. Scheduled Union meetings may be held in Fire Department facilities provided that such meetings do not interfere with Fire Department operations. 4.2 UNION REPRESENTATIVES: The Union shall provide written notice to the City of the names of the officials authorized to represent the Union immediately upon their election or appointment. The City will provide reasonable access to City premised to such authorized representatives for the purpose of handling grievances and other legitimate Union business, provided that such access does not interfere with the work and duties of Union employee representatives or other on-duty employees. 4.3. UNION REPRESENTATIVES RELEASE TIME: The Fire Chief or designee shall grant the three (3) primary Union officers time off with pay pursuant to Section 4.2, not to exceed 216 hours total for all three (3) officers annually, for the following meetings and conferences: WSCFF Legislative WSCFF Spring Education Seminar WSCFF Annual Convention IAFF Bi-annual Conference (President or designee) 4.4. UNION BULLETIN BOARDS: The City will permit the Union to place one (1) bulletin board for Union use at a designated location at each fire station. No materials shall be posted except notices of meetings and elections, results of elections, changes in Union bylaws, notices of employee social occasions and similar Union notices, letters, and memoranda. The City shall provide a designated, mutually agreeable accessible and convenient location for installation of bulletin boards at each fire station. The Union will purchase uniform, jointly specified bulletin COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1,2006 to December 31, 2008 Page 5 boards for each station. The bulletin boards will be for the exclusive use of the Union. Only those items specifically approved by the Union will be posted. ARTICLE 5 WAGES 5.1 Effective January 1, 2006, wages shall be as identified in Appendix A, which reflects an increase of two and a half percent (2.5%), plus a one and a half percent (1.5%) market adjustment. 5.2 Effective January 1,2007 wages shall be as identified in Appendix A, which reflects an increase based upon 100% of the Seattle/Tacoma/Bremerton CPI- W from June 30, 2005 to June 30, 2006, with a minimum of two percent (2%) and a maximum of five percent (5%), plus a one percent (1 %) market adjustment. 5.3 Effective January 1, 2008 wages shall be as identified in Appendix A, which reflects an increase based upon 100% of the Seattle/Tacoma/Bremerton CPI-W from June 30, 2006 to June 30, 2007, with a minimum of two percent (2%) and a maximum of five percent (5%), plus a one and a half percent (1.5%) market adjustment. 5.4 The longevity schedule for members of the bargaining unit shall be as follows: Completion of 5 years in service 1.25% Completion of 10 years in service 2.5% Completion of 15 years in service 3.75% Completion of20 years in service 5% Completion of25 years in service 6.5% Effective 1-1-08, upon Completion ono years in service = 8% 5.5 Advancement through the pay rates from the First Step through the Final Step or the pay range will occur upon completion of the prescribed number of full year( s) of continuous employment since the employee's last pay placement, provided, however that the employee's overall rating on his/her annual evaluation "Meets Expectations" or "Exceeds Expectations". The City may withhold a step increase for work performance that does not "meet expectations". A step increase may be withheld for a maximum of twelve (12) months, during which time the employee will receive monthly evaluations. The employee's immediate supervisor will notify the employee in writing of expected failure to meet expectations at least thirty (30) days prior to the due date of the work performance evaluation. If such notice is not provided the step increase will not be withheld. The withholding of a step increase will not change the employee's current anniversary step date for pay purposes. In the event that the employee "meets expectations" at one of the monthly evaluations during the subsequent 12 months, they will receive a step increase effective as of the due date of that monthly evaluation. It shall be understood that the increase will not be applied retroactively to the month(s) in which the employee received a rating below "meets expectations". The denial of a step increase is subject to the grievance procedure. In the event an employee is on approved leave of absence without pay, the employee's next wage step increase advancement date will be extended by the actual number of days the employee was absent on such leave. 5.6 A new employee shall be hired at the first year step, however, a new employee who pas prior paid work experience as a full time Firefighter or Firefighter/Paramedic in a fire service which operates a full time emergency fire/medical response service using paid employees, may be hired at the second year or third year step based upon relevant years and type of prior experience. Placement of second or third year steps shall be determined by a review committee consisting of the Fire Chief, Assistant Chief, and one (1) Union representative. Page 6 COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1,2006 to December 31, 2008 5.7 A FirefighterlParamedic with no experience shall be. hired at the first year step. A FirefighterlParamedic with one (1) year minimum paid fire experience shall be hired at the second year step, with their third year step in six (6) months, solely at the discretion of the Fire Chief. 5.8 A Firefighter/EMT with no experience shall be hired at the first step year. A FirefighterlEMT with one (1) year paid fire experience shall be hired at second year step, with their third year step in six (6) months solely at the discretion of the Fire Chief. Any variation from the above will require approval by the review committee as outlined in section 5.6 of this Article. 5.9 FIRE PREVENTION: An employee who is assigned to perform fire prevention work shall be compensated at the Firefighter/Fire Prevention base pay rate listed in Appendix A for the duration of the assignment. 5.10 EQUIPMENT MAINTENANCE OR SELF-CONTAINED BREATHING APPARATUS (SCBA) MAINTENANCE: An employee who is assigned to perform either equipment maintenance work or SCBA maintenance work shall be compensated at the Firefighter/Equipment Maintenance base pay rate listed in Appendix A for the duration of the assignment. 5.11 ACTING OFFICERS: An employee who serves as an Acting Officer during a twenty-four (24) hour shift shall be compensated as outlined in section 5.11.1 below. In order to be eligible to serve as an Acting Lieutenant, an employee must be on the City's current promotional register and agree to work the assignment. In order to be eligible to serve as an Acting Captain, an employee must be currently working as a Lieutenant and have passed his or her probation as an officer. The position of Acting Captain is also subject to the employee's verbal agreement to work the assignment. The use of Acting Officers will not be used as permanent alternative to hiring a full complement of officers. If at any time a force hire situation is necessary, the position shall be filled with an employee who currently holds the same rank as needed. (See 5.11.3 for the procedure on filling officer vacancies on a situational basis. 5.11.1 Acting Officers Compensation: o through 1 hour After 1 hour through 4 hours After 4 hours through 12 After 12 through 24 hours No Compensation 1 hour of overtime 2 hours of overtime 2.5 hours of overtime In no case shall there be more than 2.5 hours of overtime per Acting Officer position. In the event of a split between two (2) employees, the maximum overtime paid shall be three and one- half (3 .5) hours. 5.11.2 In recognition of section 7.1, the procedure for filling overtime and maintaining staffing on the basis of Fire Service and Emergency Medical service needs will be as in Section 5.11.3 below. 5.11.3 There shall be at least one regularly appointed officer on duty each shift. In the event that there is no Captain scheduled, and there is only one regularly appointed Lieutenant scheduled, he/she will be assigned to Statiop #1 as the Acting Captain if the shift is above lIon duty. When the shift is below lIon duty and a Captain is not scheduled, a regularly appointed Captain will be called to fill the position on overtime. If no Captain is available, then a Lieutenant currently on the City's promotional register for Captain and on duty will be called to fill the position as an Acting Captain. In the event that there are no Lieutenants on duty who are on the City's current promotional register for Captain and no regularly appointed Captain is available to fill the Page 7 COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1,2006 to December 31,2008 position, a Lieutenant who has completed hislher probation and is on duty, will be called to fill the position as Acting Captain. If filling the position requires forcing an employee, it shall start with the regularly appointed Captains. 5.11.4 When the shift is below lIon duty and a Captain is 011 duty, overtime will be called to fill the requirements of Article 7, Section 7.11. If no regularly Appointed Lieutenant is available for the position, the on duty acting officers will be utilized to calling off duty, overtime Acting Officers. . 5.11.5 When the shift is at or above lion duty, Acting Officers shall be used to fill Captain or Lieutenant positions if possible. For the Captain's position, on duty Lieutenants currently on the City's promotional register for Captain shall be contacted first. If no on duty Lieutenant is on the current promotional register then a Lieutenant who is on duty and past his/her probationary period will be contacted to fill the position. 5.12 In the event an employee is assigned as an instructor to the Washington State Fire Service Training Center, the following provisions shall apply for the term ofthe assignment: 5.12.1 The employee who is at the rank of Firefighter, FirefighterlMaintenance and/or FirefighterIParamedic, shall have their compensation increased to Lieutenant at the same step in the Lt. pay band. Example: FFIPM at Step 4 would go to Step 4 ofLt. pay band. 5.12.2. If the employee is at the rank of Lieutenant, he/she shall have their compensation increased to Captain at the same step in the Capt. pay band. Example: Lt. at Step 4 would go to Step 4 of Capt. pay band. 5.12.3 If ttle employee is at the rank of Captain, Captain Medical Officer and/or Captain Fire Marshal, their compensation shall not be increased. 5.12.4 Appendix "A" for Firefighter/Paramedic includes a sixth (6th) step. To be eligible for this step the employee must have completed ten (10) years continuous service as a FirefighterIParamedic with the City. The sixth step will be set at one hundred fifteen percent (115%) of top Step Firefighter 5.13 All newly hired employees will utilize automatic deposit of their paychecks during their term of employment with the City. PAY DIFFERENTIALS Fire Fighter @ Step 1 = 70% Fire Fighter @ Step 2 = 75% Fire Fighter @ Step 3 = 85% Fire Fighter @ Step 4 = 90% Fire Fighter @ Step 5 = 100% SCBAlMechanic = 104% Fire Fighter/Paramedic = 112.5% Fire Prevention = 112.5% Lieutenant = 115% Captain = 128% Batt. Chief= 133.5% Note: Percentages updated to reflect correct amounts. COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1,2006 to December 31,2008 Page 8 ARTICLE 6 HOURS OF WORK 6.1 NORMAL HOURS OF WORK-SHIFT PERSONNEL: Pursuant to Section 207(k) of the FLSA, the work period for shift personnel is 27 days, which is equivalent to 204 hours. The normal hours of work for shift personnel shall be an average of 50.19 hours per week. With the addition of another Kelly Day in 2007, the normal work hours for shift personnel as of January 1,2007 shall be an average of 49.39 hours per week for an average yearly total of2,568 hours. 6.2 NORMAL HOURS OF WORK - NON-SHIFT PERSONNEL: The normal hours of work for non-shift personnel shall be 40 hours per week. 6.3 SHIFT WORK SCHEDULES: On or about January 15t of each year, the Fire Chief shall assign shift personnel to one of three shifts: A, B, C. A shift assignment for an employee shall be worked as one (1) day (24 hours) on duty followed by two (2) days (48 hours) off duty, and continuing in that pattern for a period of eight (8) (seven (7) effective January 1,2007) consecutive on-duty shifts; provided this shall not apply to shift transfers. The next immediately scheduled shift shall be an off-duty Kelly day (9th scheduled shift [8th scheduled shift effective January 1, 2007]). Effective January 1, 2007 shift employees shall be entitled to qne (1) additional Kelly Day. Shift hours begin at 0800 hours and conclude at 0800 hours each day. Non-shift personneI'shall normally be scheduled to work Monday through Friday during such hours as are assigned by the Fire Chief. 6.4 BEGINNING OF YEAR TRANSFERS: The Fire Chief may transfer as many employees as the Chief deems appropriate from one shift or non-shift assignment to another at the beginning of each calendar year. The Chief shall provide fifteen (15) days notice of all such transfers. 6.5 MID-YEAR TRANSFERS: During the calendar year, the Fire Chief may transfer each non- probationary employee once from one shift or non-shift assignment to another as a permanent assignment or may transfer each non-probationary employee once on a temporary basis to another shift or non-shift assignment and subsequently return the employee to his or her original assignment. The Fire Chief shall provide reasonable prior notice to a transferred employee, provided that emergency transfers shall be accomplished with such prior notice as is feasible under the circumstances. An unlimited number of mid- year transfers of non-probationary employees which are mutually agreed to in writing between the Fire Chief and the employee are permitted. The Fire Chief may transfer each probationary employee an unlimited number of times from one shift or non-shift assignment to another during the period of probation. 6.6 SHIFT AND/OR KELLY DAY EXCHANGES: An employee who has completed six (6) full months of employment with the Department may exchange full or partial shifts of full Kelly Days with another employee of the same permanent rank provided that: The change does not interfere with the duties and responsibilities in their positions, and 6.6.1 The immediate supervisors of such employees find that no such interference will occur as the result of a mutually agreeable exchange. 6.6.2 Personnel may have early relief up to two (2) hours before the end of their shift without the need for shift standby documentation with notification to their immediate supervisor and the presence of the relief employee. 6.6.3 Shift and/or Kelly Day exchanges in excess of twelve (12) per calendar year require the prior approval of the Fire Chief or designee. The Fire Chief may overrule the findings of Page 9 COLLECTIVE BARGAINING AGREEl\1ENT BY AND BETWEEN THE CITY OF BREl\1ERTON and IAFF LOCAL 437 January 1,2006 to December 31, 2008 immediate supervisors in the event that the Department's service or training needs require specific employees to be on duty during their assigned shifts. Full Kelly Day exchanges may be granted to employees of unequal permanent rank who have obtained the prior approval of the Fire Chief or the Chiefs designee. Shift exchanges shall be considered as substitutions under FLSA 29 D.S.C. 207 (p), and the City shall have no obligation to keep records of such exchanges or to revise hours of work to reflect the substitutions. 6.6.4 In the event an employee is unable to work a shift exchange for any reason (i.e., sick leave, emergency leave, bereavement leave, jury duty, witness and military duty leave), the employee shall be responsible to "pay back" the time to the City within ninety (90) days. ARTICLE 7 OVERTIME 7.1 OVERTIME DEFINED: Overtime is all required and authorized work performed in excess of an employee's normal work schedule. Overtime includes required training, instruction, equipment/SCBA repair, callback and other such work which is required and authorized by the City and is performed during an employee's normally scheduled off-duty time. 7.2 OVERTIME COMPENSATION: Overtime work shall be compensated at the rate of one-and- one-half (1-1/2) times an employee's hourly rate in cash or in compensatory time. The form of overtime compensation shall be at the election of the employee unless otherwise expressly provided by the terms of this Article. 7.3 HOURLY RATE DEFINED - SHIFT EMPLOYEE: A shift employee's hourly rate shall be computed as follows: Semi-monthly wage rate multiplied by twenty-four (24) pay periods. The result shall be divided by the result of fifty-two (52) weeks multiplied by the annual average hours per week for shift employees. 7.4 HOURLY RATE DEFINED - NON-SHIFT EMPLOYEE: A non-shift employee's hourly rate shall be computed as follows: Semi-monthly wage rate multiplied by twenty-four (24) pay periods. The result shall be divided by the result of fifty-two (52) weeks multiplied by forty (40) average hours per week for non-shift employees. 7.5 CALL BACK OVERTIME: In the event an employee who has left the work place is called back to duty for a period of time which is less than two (2) hours, the employee shall receive a minimum of two (2) hours of overtime compensation. After contact, if the employee is unable to work within sixty (60) minutes, their position on the callback list shall be passed over without being charged an overtime opportunity . 7.6 HOLD OVER AFTER NORMAL DUTY SHIFT: In the event an employee is held over after the expiration of his or her normal duty shift, the employee shall be compensated at the overtime rate for time held over. 7.7 COURT AND/OR SUBPOENAED APPEARANCES: An employee who responds to a subpoena or appears in Court in a case on behalf of the City on off-duty time shall receive a minimum of two (2) hours of overtime compensation for such appearances. 7.8 ON CALL FIRE INSPECTOR/DUTY CHIEF: An employee who is assigned to serve as On Call Fire Inspector/Duty Chief shall receive ten (10) hours of overtime as time-and-one-half for each seven (7) day period so served. In the event that an On Call Fire Inspector/Duty Chief is called out, the employee shall receive a minimum of two (2) hours of overtime pay at time-and-one-half for each call COLLECTIVE BARGAINING AGREEIv1ENT BY AND BETWEEN THE CITY OF BREIv1ERTON and IAFF LOCAL 437 January 1,2006 to December 31, 2008 Page 10 out. Effective upon ratification, if the On Call Fire InspectorlDuty Chief is required to be on call on a holiday, he/she shall receive two (2) hours paid overtime. The shift Captain shall be eligible to be Acting Duty Chief during special circumstances. 7.9 LIMITATION OF COMPENSATORY TIME: A non-shift employee may accumulate up to two hundred forty (240) hours, and a shift employee may accumulate up to three hundred fourteen (314) hours of compensatory time. Compensatory time shall be granted unless it is unduly disruptive. An employee may request the Fire Chief to approve cash payment for accumulated compensatory time. Upon receipt of such approval, compensatory time shall be paid out at the employee's hourly rate for each hour of compensatory time converted to cash. 7.10 COMPENSATORY TIME USAGE: An employee desiring to utilize accrued compensatory time shall be required to complete and file a Leave Request form requesting Compensatory leave with the Chief or his designee not less than one hundred twenty (120) hours prior to the requested date(s) of usage, except for holidays. Employees desiring to use compensatory time on a city observed holiday shall submit a Leave Request not more than fifteen (15) shifts in advance of the holiday request. On the fifth (5th) shift prior to the holiday, a lottery will be held among the employees who have submitted a Leave Request for usage of compensatory time for the holiday. It shall be understood that no more than a full 24 hours aggregate of compensatory leave shall be permitted per shift, regardless of the number of employees taking time that shift. (EXAMPLE: One (1) employee taking comp time for full 24 hour shift, would count the same as 3 employees, each taking off 8 hours the same shift). Usage of compensatory time beyond the 24 hours aggregate described above may be granted to other bargaining unit employees on the same day, unless it would cause overtime. The parties agree that there will be no forced overtime in order to provide shift coverage due to use of compensatory leave. Except for holidays, should more than one employee request the same time off, the employee whose form was submitted first will be granted the compensatory time off. 7.11 OVERTIME WORK ASSIGNMENTS: Overtime work will be assigned to employees on the basis of the Fire Service and Emergency Medical Service needs. Overtime will be offered to employees by classification and/or by possession of the special skills required to provide coverage of needed services. A minimum strength of three (3) officers/acting officers, two (2) Paramedics, and six (6) Firefighters will be used as a guideline in considering overtime assignment. 7.12 CALLBACK PROCEDURE: Callbacks for overtime shall be made from the overtime callback chart. The order of callback shall begin with the employee who holds the same rank as is needed to maintain minimum on-duty strength, and who has been presented with the least number of opportunities to work overtime, and shall proceed through the callback chart on that basis until an employee holding the appropriate rank agrees to work. In the event no employee of the same rank is available to work, the order of callback shall proceed to the employee who has been presented with the least number of opportunities to work overtime, regardless of rank, and shall proceed through the callback chart on that basis until an employee agrees to work, or is ordered to work in accord with the provisions ofthis section. In the event that two or more employees have had an equal number of opportunities to work overtime, the most senior employee shall be called first. 7.13 CALLBACK RECORDKEEPING: The Captain/Acting Captain shall personally contact an employee with an offer of overtime work, the contact shall be noted on the overtime card file, which shall be used to maintain records of calls made and responses received. An employee who refuses an offer of overtime work shall have his or her record reflect the fact that an overtime opportunity was presented and refused by the employee. In the event an employee is presented with an opportunity to work overtime for a partial shift, each opportunity of fifteen (15) consecutive hours shall be considered an overtime work opportunity. Upon contacting the employee with an offer of overtime work, the contact shall be noted on COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1,2006 to December 31, 2008 Page 11 the overtime card file, which shall be used to maintain records of calls made and responses received. An employee who refuses an offer of overtime work shall have his or her record reflect the fact that an overtime opportunity was presented and refused by the employee. 7.13.1 REFUSAL OF OVERTIME: Upon receiving an offer of overtime work, an employee may decide to refuse the first offer or work the overtime. Each acceptance and the second refusal shall be recorded as an opportunity to work overtime. Only one (1) pass per twenty-four (24) hour shall be permitted. 7.13.2 OVERTIME REFUSAL EXCEPTIONS: An on-duty employee or an employee who refuses an overtime work opportunity which occurs during the employee's paid leave cycle, during a shift trade/standby cycle, during a Kelly Day cycle, Labor Conferences/Negotiations for the Union Executive Board, or during an employee's scheduled education time, shall not have the offer recorded as an opportunity refused on his or her record. ORDERED OVERTIME: In the event that no employee accepts an offer to work overtime after completing one full rotation through the overtime chart, the first employee contacted on the second time through the rotation shall be ordered to work the overtime provided that such an employee is not on paid leave cycle, on a shift trade/standby cycle, on a Kelly day cycle, Labor Conferences/Negotiations for the Union Executive Board or on an employee's scheduled education time. 7.13.3 CHRISTMAS OVERTIME: Overtime on Christmas Day shall not be counted as an overtime opportunity. All other overtime provisions shall apply. 7.14 EMERGENCY CALL BACK: During times of natural or man-made disasters or emergencies, the Department may feel the necessity that additional personnel are needed. In this event, the Department will activate an "Emergency Call-Back" of personnel. All leaves and time off may be canceled by this type of event that requires mandatory reporting to duty. This section does not apply to a typical first or second alarm emergency. ARTICLE 8 V ACA TION LEAVE 8.1 VACATION ACCRUAL: Employee shall accrue vacation leave with pay for all regular hours worked pursuant to the following schedule: NON-SHIFT EMPLOYEES SHIFT EMPLOYEES Years of VL Hrs Annual Holidays Total VL Hrs Annual Holidays Total Service Earned per Accrual Earned earned per Accrual Earned pay pay Non-shift Shift employees em ployees Hire - 5 yrs. 4.333 hrs 105 hours 88 hours 192 hours 9.066 hours 146 hours 88 hours 324 hours 6th - 10th yr. 5.666 hrs 136 hours 88 hours 224 hours 7.933 hours 190 hours 88 hours 278 hours 11th_15th yr. 7.333 hrs 176 hours 88 hours 264 hours 10.266 hours 246 hours 88 hours 334 hours 16th-20th yr. 8.600 hrs 206 hours 88 hours 294 hours 12.040 hours 289 hours 88 hours 377 hours 21m yrs or > 8.666 hrs 208 hours 88 hours 296 hours 12.133 hours 291 hours 88 hours 379 hours 8.2 VACATION ELIGIBILITY: An employee becomes eligible to take accrued vacation leave upon completion of six (6) months of continuous employment. In the event an employee resigns or is discharged prior to the completion of six (6) full month of employment, any accrued vacation leave shall be forfeited. Vacation leave must be fully accrued prior to the time an employee utilizes any vacation leave. COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January I, 2006 to December 31, 2008 Page 12 8.3 VACATION SCHEDULING: Annual vacation leave shall be authorized by the Fire Chief or the Chief's designee. Non-shift personnel shaH schedule vacation leave by mutual agreement of the employee and the Fire Chief or the Chiefs designee. Shift employees shall select their vacation choices by seniority within shift assignment and through application of the following rules: 8.4 MINIMUM VACATION LEAVE REQUEST - SCHEDULED VACATION: Scheduled vacation leave shall be taken in a minimum of an eight (8) hour block for the first 8 hours of vacation leave scheduled; thereafter, it shall be taken in minimum increments of one (1) hour. 8.5 MINIMUM V ACA TION REQUESTS - SAME DAY REQUESTS: After the 1 st hour, "Same day" vacation leave shall be recorded as actual time taken. Full shift requests shall have priority over partial shift requests for on same day vacation leave. Same day requests for vacation leave will not be granted if the shift is at a minimum staffmg level. 8.6 VACATION LEAVE SELECTION: Each employee may select vacation leave consisting of nine (9) connected twenty-four (24) hour shifts plus the employee's regularly scheduled Kelly Day. Two (2) vacation slots and unused Kelly Days shall be available for pre-selection for each day of the year from which selections can be made. A lottery shall be held in order to allow employees to compete for the unused Kelly Days. It shall be understood that employees who receive an unused Kelly Day via lottery, shall lose the Kelly Day in the event that is subsequently becomes filled due to a new hire or promotion. 8.7 TIMING OF VACATION LEAVE SELECTION: Vacation selections will begin December 1 st by seniority, for the following calendar year. Upon being personally contacted, the employee will be provided up to twenty-four (24) hours to make his/her selection. Any selection not completed within the allotted time shall constitute a pass. Vacation selections shall continue through seniority rotation until all employees have selected all shifts they intend to take during the next calendar year, but in no event later than March 31 st. After March 31 st of any year, an employee may request vacation leave at any time during the balance of the calendar year, however, approval shall be subject to whether or not the shift is at minimum staffing on a same day selection. 8.8 CANCELLATION OF VACATION SELECTION BY AN EMPLOYEE: In the event a vacation selection which has been made and approved is subsequently canceled by an employee, the vacation selection so canceled shall be made available for selection to other employees as soon as feasible, provided however that the shift is not at a minimum on a same day selection. The vacation must be canceled by the employee not less than 70 hours prior to the start of the scheduled vacation leave. The canceled vacation slot shall be selected by lottery from the employees on the same shift. 8.9. MAXIMUM VACATION LEAVE ACCRUAL: The maximum accrual of vacation leave that any employee shall be allowed to carry forward from one calendar year to the next is as follows: Years of Continuous Employment Non-shift Personnel Maximum Balance Shift Personnel Maximum Balance o through Five (5) years More than Five (5) years 160 hours 240 hours 210 hours 315 hours 8.10 VACATION LEAVE BALANCE GREATER THAN MAXIMUM ALLOWABLE: In the event an employee has been prohibited from taking sufficient vacation time to reduce his or her vacation balance to the maximum allowable carryover at the end of a calendar year, any hours in excess of 36 hours shall be paid out in cash at the employee's straight time hourly rate the last pay in January. Page 13 COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January I. 2006 to December 3 I, 2008 Employees will be required to submit a written request to the Fire Chief for vacation payout specifying the reason(s) for which they have been unable to take vacation leave in order to reduce their balance to the maximum allowable carryover. An employee whose accrued vacation leave exceeds the maximum carryover balance plus 36 hours at the end of the calendar year because he/she failed to timely request vacation leave, or waited until October 1 st or later to request adequate vacation leave to reduce his/her balance to the maximum allowable, shall have any excess leave scheduled by the Chief or his/her designee with 72 hours advance notice, within the months of January, February or March of the following calendar year. 8.11 SCHEDULE CHANGE BALANCE ADJUSTMENT: 8.11.1 NON-SIDFT TO SHIFT: In the event an employee's normal hours of work are changed from a non-shift schedule to a shift schedule, the employee's accrued vacation hours upon the date of change shall be increased as follows: Accrued Hours X 1.5 = Employee's accrued vacation hours balance. 8.11.2 SHIFT TO NON-SHIFT: In the event an employee's normal hours of work are changed from a shift schedule to a non-shift schedule, the employee's vacation hours upon the date of change shall be decreased as follows: Accrued Hours X 1.5 = Employee's Vacation Balance. 8.12 VACATION BUY-BACK: Upon the approval of the Fire Chief, an employee may receive cash compensation at the employee's straight time hourly rate for any accrued and unused vacation time. Requests for payment shall be made in writing to the Fire Chief during the 1 st half of each year (January 1 st through June 30th), and may not be used for canceled vacations. 8.13 VACATION PAY-OUT: Upon the retirement or termination of an employee who has served six (6) continuous full months or employment or more, or upon the date of an employee's disability retirement, the accrued vacation leave of such employee will be paid to the employee in a cash lump sum payment. ARTICLE 9 HOLIDAYS 9.1 HOLIDAYS OBSERVED: The following holidays shall be observed by the City: New Year's Day Martin Luther King's Birthday President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day After Thanksgiving Christmas 9.2 OTHER HOLIDAYS: In addition, any other holiday proclaimed by the federal or state government, provided that the City takes official action to have such holiday also observed by the City. 9.3 FLOATING HOLIDAY: Each employee shall be allowed one (1) additional holiday to be observed by the employee on a day mutually agreeable to the employee and the Fire Chief. 9.4 HOLIDAY COMPENSATION - NON-SIDFT PERSONNEL: Non-shift personnel shall receive eight (8) hours of time off with pay for each holiday observed by the City and for a floating holiday for each employee's choice. If a holiday observed by the City falls on a Saturday, the holiday COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1,2006 to December 31,2008 Page 14 will be observed on the preceding Friday. If a holiday falls on a Sunday, the holiday will be observed on the following Monday. 9.5 HOLIDAY COMPENSATION - SHIFT PERSONNEL: Shift personnel shall receive 3.666 .hours added to their vacation leave accrual rate per pay period in lieu of all holidays. Accumulation and taking time off in lieu of holidays shall be accomplished in accordance with the vacation leave provisions set forth in Article 8. In lieu of additional compensation for those employees scheduled to work on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas, the following will apply: The City will pay 24 hours of straight time pay to all bargaining unit members at their base salary rate effective as of the date of signing; provided that the employee is on the .payroll on 10/31 of the year, and has been working a 24 hour shift position for six (6) months during that calendar year. The 24 hours' pay will be included in the first pay check in November each year: New employees attending the Fire Academy shall be considered shift employees for this benefit. 9.6 The City will pay all bargaining unit members an additional 24 hours of straight time the 1 st pay check in December, in lieu of a reduction in hours, subject to the same terms and conditions as outlined in the above section. ARTICLE 10 SICK LEAVE AND INDUSTRIAL DISABILITY 10.1 SICK LEAVE ACCRUAL: 10.1.1 NON-SHIFT EMPLOYEES: Non~shift employees shall accrue sick leave time with pay at the rate of four (4) hours for each regularly scheduled pay period. Partial pay periods will be pro-rated to the closest full hour. 10.1.2 SHIFT EMPLOYEES: The annual accrual for shift personnel will be eight (8) hours per pay period. Effective as of the date of signing, new employees hired subsequent to that date shall earn 10 hours per pay period for the first five (5) years of employment as long as they are assigned to shift work. Should a shift employee be transferred to a non-shift position at any time during their first five years of employment, then the employee will accrue sick leave pursuant to Section 10.1.1. Partial pay periods will be pro-rated to the closest full hour. 1 0.2 DONATIONS OF VACATION LEAVE: Donations of vacation leave permit employees to aid any City employee who is suffering from an extraordinary or severe illness, injury, impairment, physical or mental condition, or whose spouse or minor children (under the age of 18) are suffering from a life- threatening injury or illness, or in the event of their death, which has caused or is likely to cause the employee to take leave without payor to terminate his or her employment prior to a determination that the affected employee is not expected to recover to an extent that will enable the employee to resume his or her normal duties or the duties or another position with the City or another employer. 10.2.1 ELIGIBiLITY: An employees who (1) is suffering from an illness or injury causing his or her extended leave absence from work, or whose spouse or minor children (under the age of 18) are suffering from a life threatening injury or illness, or in the event of their death, and (2) who has depleted or will shortly deplete his or her total available accrued vacation, sick and floating holiday leave, may request donations of vacation leave. 10.2.2 CRITERIA FOR APPROVAL: A request for donations of vacation leave shall be . submitted to the requesting employee's Department Head accompanied by medical documentation verifying the medical condition requiring the need for leave, and the time period during which the employee can reasonably be expected to be absent from work due to the Page 15. COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1,2006 to December 31,2008 condition. Upon verifying that the requesting employee meets all of the eligibility requirements above and upon determining that the medical documentation received provides appropriate verification of the medical condition and time period involved, the Department Head will recommend the employee's request for donations of vacation leave be approved by the Mayor. The Mayor will review the request to assure that all of the requirements set forth in this subsection have been met, if so, shall approve the employee's request for donations of vacation leave. 10.2.3 NOTIFICATION: Upon approval by the Mayor, all City employees shall be notified of the approved request for donation of leave. 10.2.4 CONDITIONS OF DONATION: An employee who has been employed for at least six (6) months who desires to donate accrued vacation leave to a requesting employee will do so as a free and voluntary act and no duress or coercion shall be placed upon an employee to make such donation of his/her accrued vacation leave. Employees who are utilizing donated leave to cover their own absences may not donate leave to another employee until such time as they have returned to their normal schedule, and any excess donations made to them have been returned pursuant to 10.2.6 below. An employee who desires to donate vacation leave shall complete a Donation of Vacation Leave Form and submit it to his/her Department Head. The donated vacation leave will be transferred to the requesting employee's sick leave balance with the next payroll report. Forms will be date stamped and all time donated shall be in full hour increments and shall be credited to the employee on an hour-for-hour basis. A monthly update of the condition of the employee by the attending primary medical doctor shall be required and furnished to the Department Head. 10.2.5 USE OF DONATED VACATION LEAVE: An employee who has received donated vacation leave will be able to use the sick leave in the same manner as if he or she had personally accrued the leave, provided that the use of the sick leave is in conformance with the provisions of this Article. 10.2.6 RETURN OF EXCESS LEAVE DONATIONS: In the event of excess donations received but not used due to early recovery, resignation, retirement or death, all donations received but not utilized shall be returned to the donating employee(s) based on the proportion of hours that employee donated in relation to the total hours donated by all employees (e.g. an employee who donates 50 hours of 450 hours total donated shall be credited with 50/450ths of the hours not utilized). Such returned leave shall be reflected in the appropriate leave balance as soon as possible. Time donated for this purpose will not be considered as time used during the donor's performance rating period. 10.3 MAXIMUM SICK LEAVE ACCRUAL: 10.3.1 NON-SHIFT EMPLOYEES: Non-shift personnel shall be allowed to accrue sick leave up to a maximum of nine hundred and sixty (960) hours. . 10.3.2 SHIFT EMPLOYEES: Shift personnel shall be allowed to accrue sick leave up to a maximum of fourteen hundred and forty (1440) hours. 10.4 SICK LEAVE INCENTIVE: 10.4.1 NON-SHIFT PERSONNEL: Any non-shift employee who has more than five (5) years of continuous full time paid employment with the City and who takes thirty-two (32) hours or less Page 16 COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1,2006 to December 31, 2008 of sick leave in the calendar year following the firth year of employment and any subsequent calendar year, shall have eight (8) hours added to his or her vacation leave balance at the beginning of the following calendar year. 10.4.2 SHIFT EMPLOYEE: A shift employee who has more than five (5) years of continuous full time paid employment with the City and who takes 44.8 hours or less of sick leave in the calendar year following the fifth year of employment and any subsequent calendar year, shall have 1 L2 hours added to his or her vacation leave balance at the beginning of the following calendar year. 10.5 SICK LEA VE RETIREMENT PAYMENT: An employee who retires from City service on a service or disability retirement shall be provided a Sick Leave Retirement Payment as follows: 10.5.1 NON-SHIFT PERSONNEL: Thirty-five percent (35%) of the employee's accrued and unused sick leave hours to a maximum of35% of960 hours (a maximum total of336 hours) will be paid to the employee at the employee's regular hourly wage rate in effect at the time of retirement. 10.5.2 SHIFT PERSONNEL: Thirty-five (35%) of the employee's accrued and unused sick leave hours to a maximum of35% of 1440 hours (a maximum total of 504 hours) will be paid to the employee at the employee's regular hourly wage rate in effect at the time of retirement. 10.5.3 The pty agrees to allow LEOFF II members of the bargaining unit to participate in the Washington State Council of Fire Fighters Medical Expense Reimbursement Plan (WSCFF MERP) and contribute $75.00 per month through a payroll deduction the first (1 st) paycheck of each month. . 10.5.3.1 Upon the retirement of a LEOFF I(bargaining unit employee, the City shall remit the following to the WSCFF MERP on behalf of the employee: . Sick leave cash out contributions for LEOFF II bargaining unit members who retire shall be established pursuant to the IAFF Local 437's Constitution and Bylaws. On or before December 15th of each year it shall be the IAFF's responsibility to notifY the City, in writing, of any changes to its Constitution and Bylaws regarding the required employee contribution. 10.5.4 This provision shall not apply to any LEOFF I bargaining unit members and will only apply to eligible LEOFF II members. The WSCFF MERP plan is established in accordance with applicable federal and state regulations. The $75.00 deduction shall be made on a pre-tax basis on behalf of the' employee to the WSCFF MERP. The monies contributed to the plan shall only be used for retiree health insurance premiums or health care expenses. These contributions shall be included as part of salary for the purpose of calculating retirement benefits. 10.5.5 Effective January 1,2008 the City will contribute $30.00 per month to the WSCFF MERP for each eligible LEOFF II bargaining unit member. 10.6 PAYMENT OF SICK LEAVE UPON DEATH: In the event of the death of an employee, the employee's estate shall be paid for the total accrued and unused sick leave hours at the employee's regular hourly wage rate in effect at the time of death up to a maximum of 960 hours for a non-shift employee, or a maximum of 1440 hours for a shift employee. COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1,2006 to December 31, 2008 Page 17 10.7 SICK LEA VE USE: Sick leave must be accrued prior to use by an employee. Sick leave shall be made available to each employee up to the amount of each employee's accrued sick leave balance, and shall be used in increments of no less than one-half (1/2) hour to cover an employee's absence from his/her regularly scheduled work hours due to: 10.7.1 The temporary disability of an employee resulting from his or her personal illness or InJury. 10.7.2 Providing care for: a) a child of the employee under the age of 18 when they have a health condition that requires supervision or treatment; or b) a spouse, parent, parent-in-law or grandparent of the employee who has a serious health condition or an emergency condition. . 10.7.3 Attending medical, dental and/or oculist appointments as needed for preventive or rehabilitative health care of the employee or the employee's children when such care requires parental presence to supervise or authorize treatment. 10.7.4 Upon the birth or adoption of a child, an employee may use accrued sick leave and/or vacation leave pursuant to FMLA. 10.7.5 Providing care for an employee's immediate family member as provided for in Section 10.7.2, when the family member has a health condition that requires the assistance of an adult caretaker until such time as other care can be arranged. 10.7.6 The employee has the ability to select the type ofleave to be utilized except for them self and family members with medical conditions that qualify for FMLA, which will be charged against available sick leave except for the birth or adoption of a child upon which vacation leave may be used. 10.7.7 The temporary disability of an employee resulting from his/her personal illness or injury or for their children under 18 who have health conditions requiring supervision or treatment pursuant to WAC 296-30, or for immediate family members pursuant to FMLA. 10.7.8 Eligibility shall be governed by the provisions set forth in Federal or State laws, as currently written or hereinafter amended. 10.8 NOTIFICATION OF SICK LEAVE USE: An employee who is absent or expects to be absent from work due to causes specified in 10.7.1 above, shall provide notification to the Department as follows: 10.8.1 ROUTINE APPOINTMENTS: 10.8.1.1 ANTICIPATED ABSENCE: An employee who schedules a routine medical, dental or oculist appointment shall make every reasonable effort to schedule such an appointment on their off duty days. The employee shall give at least seventy-two (72) hours prior notice of the date and time of the appointment to his or her immediate supervisor. An employee's immediate supervisor may request that the employee reschedule routine appointments when, in the judgment of the supervisor, the scheduled absence of the employee would unduly interfere with the operations of the Department. An immediate supervisor shall not unreasonably deny an employee sick leave with pay for routine medical, dental or oculist appointments. COLLECTIVE BARGAINING AGREEMENT BYA,ND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1. 2006 to December 31, 2008 Page 18 10.8.1.2 UNANTICIPATED ABSENCE: An employee who is absent from work or who will be unable to report to work as scheduled due to personal illness or injury, or for other causes specified in 10.7 above, shall promptly notify the Department by telephone or otherwise by 0700 of the day of his/her on-duty shift, and must make contact with on-duty personnel. 10.8.1.3 SICK LEAVE DURING AUTHORIZED PAID LEAVE: An employee who becomes ill or is injured during the employee's paid vacation or compensatory time off may request the conversion of such paid leave to sick leave with pay by promptly notifying the Department of the illness or injury at the time of the illness or injury, or as soon as is reasonably feasible and providing such information as is required by the Department to verify the appropriateness of such a conversion. 10.9 SICK LEAVE DOCUMENT A TION AND APPROVAL: An employee who has been absent or on sick leave shall, during hislher first shift back to work, be required to submit such forms and provide such information as required by the Department to approve the use of sick leave with pay for the absence. The Department may require an employee to demonstrate that he or she has sought treatment, taken appropriate precautions or otherwise effected measures to correct the condition causing the employee's absence. Such demonstrations may take the form of personal statements of the employee, medical examinations or certifications of appropriate professionals as to the nature of the illness and/or injury of the employee, the employee's child and/or nature of the illness and/or injury of the employee, the employee's child and/or family member, or other methods appropriate to the circumstances. The Department may require an employee to provide a Fitness for Duty certification by a professional physician that the employee is sufficiently recovered as to be able to return to work without posing a health hazard to himself or herself or to other mel)1bers of the workforce. Sick leave must be approved by the Department prior to payment. The Department shall not unreasonably withhold approval of sick leave with pay from employees. 10.10 INDUSTRIAL DISABILITY AND LIMITATION OF SICK LEAVE USE FOR LEOFF I EMPLOYEES: An employee who qualifies for and is hlcluded in the Washington State Retirement System commonly referred to as "LEOFF I", shall have his or her use of sick leave with pay limited to six (6) days for a non-shift employee, or two (2) shifts for a shift employee of sick leave with pay for each personal or work-related sick leave absence. In the event the employee's absence extends beyond six (6) days, or two (2) shifts, the employee shall apply for disability benefits provided through LEOFF I. In the event of the employee's disability extends beyond a period of six (6) full months and six (6) days or two, (2) shifts, the employees shall apply for disability retirement benefits provided through LEOFF I.' The employee's accrued and unused sick leave hours shall not be used to extend the period of disability beyond six (6) months and six (6) days or two (2) shifts. 10.11 INDUSTRIAL DISABILITY LEAVE FOR LEOFF II AND REGULAR EMPLOYEES: A regular employee who qualifies for and is included in the Washington State Retirement System commonly referred to as "LEOFF II', and who incurs a work-related illness or injury shall be provided with such compensation as is made available through Workers' Compensation benefits as provided by Washington State Law. ARTICLE 11 OTHER LEAVE 11.1 ,BEREAVEMENT LEAVE: An employee will be granted up to 48 hours of bereavement leave annually for attending funerals in the state of Washington, but no more than 24 hours per occurrence, and COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January I. 2006 to December 3 I, 2008 Page 19 up to forty-eight (48) hours annually for attending out-of-state funerals for members of the employee's immediate family. All time off for bereavement leave in excess of48 hours shall be charged against an employee's vacation/holiday, sick leave or compensatory time leave balance at the option of the employee. I I. I.I Immediate. family shall be defined as spouse, child, mother, father, mother/father-in-law, brother, sister, brother/sister-in-Iaw, grandparents and grandchildren, step relations as described herein of both the employee and the employee's spouse. . . 11.2 JURY DUTY AND WITNESS DUTY: An employee shall be granted leave of absence with pay for the purpose of reporting to jury duty or serving as a witness in a case relating to their job with the City, except in those instances where the employee is taking action against the City. Any juror or witness fees received by the employee for the performance of such duties shall be assigned to the City. I 1.2. I . CITY NOTIFICATION: Employee shall be required to notifY the City immediately upon receipt of written notification from the Court that they must report for Jury Duty or serve as a Witness as the result of a case related to his or her employment, by submitting a Leave Request form with a copy of the Jury Duty/Witness Notice attached. Upon telephone confirmation by the Court to report, the employee shall immediately notifY the on-duty supervisor. I 1.3 MILITARY DUTY LEAVE: An employee who presents official orders requiring his/her attendance for a period of training or other active duty as a member of the United. States Armed Forces or the State National Guard shall be entitled to military leave with no loss of pay for a period not to exceed fifteen (15) work days for non-shift employees, or 2 I calendar days for shift employees, annually. Authorized leave of absence for additional or longer periods of time for assignment to duty functions shall be without pay and shall be granted by the City. A non-shift employee receiving up to fifteen (IS) work days or shift employee receiving up to 2 I calendar days of training or serving an active duty shall receive theirregular pay and the amount received from the Federal or State government. I 1.4 EMERGENCY LEAVE: In the event of an unforeseen emergency or extenuating circumstances, which requires the absence of an employee such as Closed roads/passes, airports and to extend Bereavement leave, the employee shall notifY his or her immediate supervisor as soon as possible. At the employee's discretion, such emergency leave shall be charged to unused vacation/hoIiday or compensatory leave balance and the employee will document on a Leave Slip the reason for the absence. I I .5 ADMINISTRATIVE LEAVE: Any bargaining unit employee may be placed on Adrriinistrative Leave (leave with pay) for reasons in the best interest of the City and/or employee (e.g. to diffuse a work- related or personal problem that has the potential for escalation if left unchecked, and/or has a negative effect on department/division operations, an no other solution is available. The City may require an employee on Administrative Leave to be available during his/her normal work schedule. ARTICLE 12 RETIREMENT BENEFITS 12.1 Each employee shall be enrolled in the Washington State Retirement system for which he or she qualifies. Only for the purposes of federal income taxation, the gross. income of each employee shall be reduced by the amount of the employee contributions to respective retirement system, which is picked up by the City. When an employee covered by this agreement is assigned to day shift he/she will be assigned back to shift just prior to retiring of going on disability. The employee will maintain the same pay classification. COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1,2006 to December 31,2008 Page 20 ARTICLE 13 INSURANCE BENEFITS 13.1 MEDICAL INSURANCE: The City shall make medical insurance coverage available to employees and their dependents and provide for payment of insurance premiums as follows: KPS Plan A for Employees KPS Plan B for spouses and dependents; Group Health for Employees, spouses and dependents. or equivalent or better coverage 13.2 Co-Pay amounts paid by employees for treatment received by employees shall be reimbursed to the employee. The City and the IAFF shall meet in JLMC to discuss and mutually agree upon co-pay reimbursement language on or before October 1,2006. Co-Pay amounts paid by employees for treatment received by spouses and dependents shall be paid by the employee. Employee's premium is paid in full by the City. Employee contribution toward dependent coverage will be three dollars fifty cents ($3.50) per month per dependent to a maximum of ten dollars and fifty cents ($10.50) per month for full family coverage. 13.2.1 Effective January 1, 2007 the City shall pay 100% of the cost of employee only coverage with KPS Plan A or Group Health. Employee contribution toward dependent coverage with KPS Plan B or Group Health will be twenty dollars ($20.00) per month per dependent to a maximum of sixty dollars ($60.00) per month for full family coverage. 13.2.2 Effective January 1, 2008, the City shall pay 100% of employee coverage under KPS Plan A and Group Health and 90% of the cost of the premium for KPS Plan "B" or Group Health for spouse and/or dependents coverage. Due to continuing significant premium increases for Health Insurance coverage, the City will be working with the Group Insurance Selection Committee to address cost containment measures for coverages and employee contributions. 13.3 DENTAL INSURANCE: The City shall make the same level of benefits as are provided through Washington Dental Service Plan F dental insurance coverage available to employees and their dependents and provide for full payment of insurance premiums. All Co-pay amounts for all services received shall be paid by the employee. 13.4 DISABILITY AND LIFE INSURANCE: LEOFF II: Employees will receive $25.00 per month in lieu of any City contributions, toward the cost of premiums for Short Term Disability, Long Term Disability, and Life Insurance coverage. Employees will receive $35.00 per month effective the next month following ratification by the City. 13.5 INSURANCE RESERVES, REBATES AND SURPLUSES: the City shall require the KPS medical plan provider to provide a structured accounting to the City as least annually. Such accounting shall include plan utilizations, all reserve accounts maintained for the plan, interest earned on reserves, administration costs and coinsurance (pooling) costs. This accounting shall be made available to the Association upon request. The City agrees that premium rebates, reserve account rebates or any other monetary returns to the employer from the insurance providers, together with subsequent interest earnings thereon shall be used exclusively to defray the costs of premium increases in the plan, and increase benefit levels, or other health related purposes determined appropriate by the Insurance Benefits Committee shall be comprised off the following members: Mayor or designee, one employee selected by COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1,2006 to December 31,2008 Page 21 the non-represented management and professional employees, and one individual selected by each of the recognized unions. The committee shall elect a chair and any other officers it deems appropriate. 13.6 The City will work with the Insurance Selection committee to bring about a reduction III premiums through plan redesign and/or implementation of a cafeteria plan ARTICLE 14 CLOTHING AND UNIFORM CLEANING ALLOWANCE 14.1 PURCHASE OF UNIFORMS: The City shall purchase new and replacement uniforms required by the Fire Department regulations for each employee. Employees shall abide by such rules and regulations as are established by the Department in selecting and obtaining their uniforms. All uniforms paid for by the Fire Department remain the property of the City. 14.2 UNIFORM CLEANING ALLOWANCE: Each employee who is required to wear a uniform pursuant to Fire Department regulations shall receive a uniform cleaning allowance of two hundred fifty dollars ($250.00) per year for uniform maintenance. The allowance shall be paid during the month of January. An employee hired subsequent to the first of the year shall receive a pro-rata cleaning allowance payment. In the event that the City secures a cleaning contract with an independent cleaning company, no uniform allowance will be paid to employees. Effective January 1, 2007, the IAFF waives the Uniform Clothing Allowance (UCA) contingent upon an equal amount being placed into the Supplies & Services line item ofthe Fire Department budget. ARTICLE 15 PERSONNEL PRACTICES 15.1 DEFINITIONS: For the purpose of interpreting the provisions of this Agreement, the following definitions shall apply: 15.1.1 PROBATIONARY EMPLOYEE: An employee serving a 12-month period commencing upon the initial date of hire as a permanent employee during which the employee may be discharged at the sole discretion of the City, consistent with applicable Civil Service Rules and Regulations and without recourse to the grievance procedure. Should an employee be absent from work for more than forty-five (45) consecutive days due to an illness/injury or FMLA leave, then the employee's probationary period shall be extended by an equal amount of time. Such extension of time shall also include all periods of light duty wherein the employee is unable to perform all of the essential duties of the job. 15.1.2 PROMOTIONAL PROBATION: A 12-month probationary period commencing upon the initial date of a regular promotional appointment. A promoted employee who is unable to perform the duties of the higher level position to which they have been promoted during the probationary period, shall be returned to his/her previous classification held at the time of promotional appointment at the sole discretion of the City, consistent with applicable Civil Service Rules and Regulations, and without recourse to the grievance procedure. Should an employee be absent from work for more than one hundred and eighty (180) consecutive days due to an illness/injury or FMLA leave, then the employee's probationary period shall be extended by an equal amount of time. Such time shall include all periods of light duty wherein the employee is unable to perform all of the essential duties of the job. 15.1.3 LEOFF I EMPLOYEE: An employee who qualifies for and IS a member of the Washington State Retirement System commonly known as "LEOFF I". COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1,2006 to December 31, 2008 Page 22 15.1.4 LEOFF II EMPLOYEE: An employee who qualifies for and IS a member of the Washington State Retirement System commonly known as "LEOFF II". 15.1.5 NON-SHIFT EMPLOYEE: An employee who is normally assigned to work forty (40) hours per week Monday through Friday. 15.1.6 SHIFT EMPLOYEE: An employee who is normally assigned to work on a 24-hour shift scheduled basis. 15.1.7 CYCLE:. The consecutive calendar day period during which an employee is not scheduled to be on duty as the result of an assigned work schedule including a scheduled Kelly Day, approved paid leave and/or shift trade. 15.1.8 SENIORITY: The Fire Department shall establish a seni<?rity list of all employees in the bargaining unit and shall update the list on January 1 of each year. The list shall be posted on bulletin boards in all stations. All longevity wage placements and vacation selections shall be governed by the current seniority list. Any objections to the list as posted shall be reported to the Fire Department administration and such corrections as are appropriate shall be made and a corrected list shall be re-posted at all stations. 15.2 REDUCTIONS AND VACANCIES: All reductions in force and filling of Civil Service vacancies (those requiring Civil Service testing) shall be handled in accordance with existing Civil Service Rules and Regulations and shall not be subject to the grievance procedure. 15.3 EVALUATIONS: 15.3.1 NEW EMPLOYEES: Written monthly evaluations shall be completed on each new employee . hired by the Department during his/her probationary period. The purpose of the evaluation will be to identify an employee's progress and/or areas of deficiency in performing job functions. 15.3.2 PROMOTED EMPLOYEES: Employees on promotional probation will be evaluated quarterly. An employee on promotional probation shall be provided not less than thirty (30) days written notice to correct deficiencies prior to reducing him/heJ;' to their previous classification. An employee on promotional probation who is demoted due to his/her inability to perform the essential duties and functions of the position, shall have displacement rights under Civil Service Layoff and Reduction rules; provided, however, the employee shall have the right to return to his/her former class regardless of whether or nor a vacancy exists. Provided further, however, nothing in this section prohibits the City from terminating or demoting an employee on promotional probation for good cause in conformance with Civil Service Rules. 15.4 CAREER COUNSELING: An employee who is not selected for a promotional appointment from an eligible register may request career development counseling from the appointing authority for the purpose of their recommending steps the employee may take to improve his/her qualifications and skills for future promotional opportunities. 15.5 RIGHTS AND PRIVILEGES: All current policies and practices concerning computation and payment of pay, allowances and benefits; or the application of contract provisions enumerated herein shall continue in force and effect during the life of this Agreement. Should the City wish to make any change with respect to such pI:actices during the life of this Agreement, it shall first notify the Union of the desired change and afford the Union an opportunity to meet and discuss such change. COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1,2006 to December 31, 2008 Page 23 15.6 PARAMEDIC/FIREFIGHTER CERTIFICATION REQUIREMENT: An employee who is hired as a Paramedic/Firefighter shall be required to maintain his/her Paramedic Certification as a condition of continued employment. Upon completion of six (6) full years of employment as a Paramedic/Firefighter, except for promotions and special assignments in which the six (6) year requirement shall not apply, an employee shall become eligible for transfer to a vacant Firefighter position. Upon completion of five (5) full years of employment as a Paramedic/Firefighter, an employee may present the Fire Chief with a request to be transferred from a Paramedic/Firefighter position to a vacant Firefighter position at the earliest opportunity. The Fire Chief shall approve Paramedic/Firefighter requests to transfer vacant Firefighter positions on the basis of seniority of continuous service with the Bremerton Fire Department among all requesting Paramedic/Firefighters. An employee transferred to a vacant Firefighter position shall have his/her pay rate set at a Firefighter pay rate as of the effective date of the transfer. This section shall not apply to Special Assignments to Equipment Maintenance, SCBA, Fire Prevention or any other Special Assignments that may be added from time to time at the Chiefs sole discretion based upon the needs of the department. 15.7 PARAMEDIC PAY/STEP INCREASES: A Fire fighter who transItIOns to Fire Fighter/Paramedic during hislher first five (5) years of employment with the Bremerton Fire Department shall be eligible to receive annual step increases based on the employee's anniversary date as a Fire fighter. The transitional employee shall be eligible for Fire Fighter/Paramedic wages when authorized by the Medical Program Director to practice as a: solo Paramedic. (incorporates LOU of 9/26/05) ARTICLE 16 PROMOTIONAL EXAMS 16.1 PROMOTIONAL EXAMINATIONS: The Civil Service Rules shall apply to the conduct of promotional examinations in all respects and shall be administered under the control of the Civil Service Officer, including the posting of the examination announcement and bibliography, the determination as to whether or not an employee is qualified to participate in the examination process, and the acceptance of applications on or before the posted closing date, Any portion of such Rules which are in conflict with the provisions of this subsection shall be handled in conformance with the following sections. 16.2 MAINTENANCE OF ELIGIBLE REGISTERS: Eligible registers for Fire Lieutenant and Fire Captain shall be maintained by the Civil Service Officer on a continuous basis irrespective of available vacancies. Testing for the positions of Battalion Chief, Medical Officer and Fire Marshall shall be conducted only when a position becomes available. 16.3 WRITTEN PROMOTIONAL EXAM/BIBLIOGRAPHY: The written portion of the promotional examinations for Fire Lieutenant and Fire Captain will be given between February 18th and February 28th in odd/even years. A bibliography of reading material will be issued six (6) months prior to the written examination. The Department will supply one (1) set of reading material as listed on the bibliography per fire station. Such' reading material will remain at the station. In the event that a grievance is filed prior to any portion of examination(s) regarding a non-Civil Service issue, then the Civil SerVice Officer may postpone the testing until such time as the grievance has been resolved. 16.4 CRITERIA FOR OPEN EXAMINATIONS: Open promotional examinations will only be administered to qualified bargaining unit members who have submitted the required application paperwork on or before the posted closing date. . However, when less than three (3) applications are received from qualified bargaining unit members, the examination may be announced and administered to external candidates as well. COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1, 2006 to December 31, 2008 Page 24 16.5 CRITERIA FOR EXAMINATION CONTENT: Promotional examinations shall include a written and oral portion, and shall test for only the knowledge and abilities, which are included in the current classification specifications for the position being tested. 16.6 EXAMINATION SCORING: Examinations shall be scored as follows: (All scores on examinations shall be rounded to the nearest one-tenth of a point.) 16.6.1 Written portion: Maximum of 50 Points An applicant's performance on the written portion of a promotional examination shall be scored as follows: Number of questions answered correctly divided by the total number of questions asked = percentage of correct answers. The maximum of 50 Points shall be multiplied by the percentage of correct answers and the result shall be the number of points the applicant earned on the written portion of the examination. 16.6.2 Oral portion: Maximum of 50 Points An applicant's performance on the oral portion of a promotional examination shall include the oral panel's evaluation of an applicant's training and educational achievements along with the panel's rating on the applicant's performance in the oral portion, which shall be scored as follows: Number of points received divided by the total number of points available = percentage of total oral points. The maximum of 50 Points shall be multiplied by the percentage of total oral points and the result shall be the number of points the applicant earned on the oral portion of the examination. 16.6.3 Experience Rating: Maximum of 10 Points Each applicant shall receive .5 (1/2) point for each full twelve (12) months of employment with the Bremerton Fire Department based upon the date the written examination is conducted, up to a maximum of 10 points. Per,iods of employment which are less than twelve (12) full months, shall not be credited in computing the experience rating. 16.6.4 Total Score An applicant's total score shall be the sum of the points received on the written, oral and experience components of the examination. 16.6.5 Minimum Score An applicant must achieve a total score of seventy (70) points or more to be placed on the eligible register for the position. 16.7 All offers, acceptances and declinations of employment for promotional positions only shall be made in writing. 16.8 During the life of this Agreement, the parties shall meet in a labor management forum to discuss the above language covering promotions. 16.9 PROMOTIONS FROM FIRE FIGHTER TO PARAMEDIC/FIREFIGHTER: A Firefighter may be promoted to ParamediclFirefighter (PM/FF) under the following conditions: 16.9.1 The Employee must successfully complete a Paramedic training program approved by the Fire Chief. 16.9.2 The employees must have a Paramedic/Firefighter certificate issued by the Kitsap County Medical Program Director. COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1,2006 to December 31, 2008 Page 25 16.9.3 The Fire Chief must approve the promotion. 16.9.4 The promotion shall take effect on the first day of the pay period after satisfying the above conditions. For promotions to PM/FF, the employee's step increase date will be changed to the effective date of the promotion. 16.9.5 TRANSITION TO PARAMEDIC: A non-probationary Firefighter who transitions to Firefighter/Paramedic shall remain in the Firefighter/Paramedic classification for not less than four (4) years, except for promotional opportunities and/or assignments. Should an employee fail to retain his/her Paramedic, certification, they shall be downgraded to the Firefighter classification. 16.10 Newly appointed Lieutenants and Captains shall: 16.10.1 Complete Fire Command Administration core curriculum or equivalent within thirty (30) months of appointment to the rank of Lieutenant or Captain, or 16.10.2 Complete an officer development program as determined by the Joint Labor Management Committ~e. 16.10.3 Exceptions shall be referred to the Join Labor Management Committee. The City shall reimburse the employee for tuition, books and lab fees. All materials purchased by the City shall remain the property of the, City. The City shall make a reasonable effort to provide employees with time off work to attend classes. ARTICLE 17 GRIEVANCE PROCEURE 17.1 DEFINITIONS: 17.1.1 GRIEVANCE: A grievance is an alleged violation of the express terms and conditions of this Agreement which is to be resolved through this Grievance Procedure: 17.1.2 CIVIL SERVICE APPEAL: An appeal is an alleged violation of the Civil Service Rules which is to be resolved through the Civil Service Appeals procedure and is not resolvable through this Grievance Procedure. 17.1.3 UNFAIR LABOR PRACTICE: An Unfair Labor Practice charge is an alleged violation of the Washington State statutes governing public employment labor relations, which is to be resolved through the Public Employment Relation Commission's (PERC) rules and regulations and is not resolvable through the Grievance Procedure. 17.1.4 STEP 1: An employee who believes that the terms and conditions of this Agreement . have been violated shall first discuss the action giving rise to the belief with his or her immediate supervisor within fourteen (14) calendar days of the date upon which the employee could reasonably have been expected to know of such action. The employee shall advise the supervisor the section (or'sections) of this Agreement which is alleged to have been violated, an explanation of the grievance, and the remedy sought. The employee shall have the right to be assisted by an authorized Union representative if so requested, during this discussion. 17.1.5 STEP 2: In the event that the employee's immediate supervisor does not resolve the grievance to the satisfaction of the employee at Step 1 of this procedure, the employee shall COLLECTIVE BARGAINING AGREEl\1ENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1,2006 to December 31, 2008 Page 26 reduce the grievance to writing and shall state: the section (or sections) of this Agreement which is alleged to have been violated; an explanation of the grievance in detail, including dates, actions and such other information necessary to a full investigation of the facts and circumstances giving rise to the grievance; and the remedy sought. The employee shall have the right to be assisted by an authorized Union representative in reducing his or her grievance to writing. The employee shall present the written grievance to the immediate supervisor's Captain, Assistant Chief, or the Fire Chief, whichever is appropriate, within fourteen (14) calendar days of the date of the employee met with his/her immediate supervisor. The Captain, Assistant Chief, or the Fire Chief, whichever is appropriate, shall meet with the employee and the employee's Union representative within fourteen (14) calendar days after the receipt of the written grievance for the purpose of considering the matter. The Lieutenant, Captain, or Fire Chief, as appropriate, shall reduce his/her decision to writing and shall transmit the decision to the employee and to one of the principal officers in person, by regular mail, certified mail and email, with a copy to the Union representative within fourteen (14) calendar days of meeting with the employee and the Union representative. The grievance will automatically advance to the next step in the process if the City's representative does not respond within the required time limits. 17.1.6 STEP 3: In the event that the Captain, Assistant Chief, or Fire Chief, as appropriate, does not resolve the grievance to the satisfaction of the employee at Step 2 of this procedure, the Union shall, on behalf of the employee, transmit a copy of the original grievance along with a copy of the Fire Chiefs written response to the Human Resources Manager and the Mayor within fourteen (14) calendar days of receipt of the Fire Chiefs written response. The Human Resources Manager shall consider the grievance and may convene a meeting with a member of the Union executive board in an attempt to resolve the grievance. The Human Resources Manager shall reduce his or her decision to writing within fourteen (14) calendar days of receipt of the grievance and transmit the decision to the Union. 17.1.7 STEP 4: In the event that the Human Resources Manager does not resolve the grievance at Step 3 of this procedure, the Union may request arbitration of the issue by written notification to the Human Resources Manager. The Human Resources Manager and the Union shall meet within fourteen (1) calendar days of the date upon which the Human Resources Manager rendered his or her written decision on the grievance and shall select a neutral arbitrator by mutual agreement or request a panel of nine (9) arbitrators from PERC. 17.2 GRIEVANCES FOR SUSPENSION AND/OR DISCHARGE: In the case of suspension and/or discharge, Step One (1) of the grievance procedure shall be waived and the grievance shall proceed to Step Two (2) with the Fire Chief. 17.3 POWERS AND DUTIES OF THE ARBITRATOR: It shall be the duty of the arbitrator to conduct a hearing on the issue or issues submitted by the parties for decision. The hearing shall be kept informal and private. The arbitrator shall interpret the provisions of this Agreement as they apply to the issue or issues submitted for decision, and shall not add to, subtract from or in any other way alter or recommend the alteration of the terms and conditions of the agreement in deciding the matter. As soon as is practicable after conducting the hearing, the arbitrator shall render a written decision which shall be binding upon the parties. 17.3.1 COSTS OF ARBITRATION: The expenses of the neutral arbitrator shall be borne equally by the parties. Each party shall singly bear all costs related to preparing and presenting its own case before the arbitrator, including costs of witnesses. The party desiring a record of the proceedings shall bear the cost of obtaining such record. COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1,2006 to December 31, 2008 Page 27 17.3.2 TIME LIMITS: Time limits established in this procedure shall be strictly adhered to, but may be waived by mutual agreement of the Union and the City. All procedures contained herein shall be complied with as expeditiously as practicable. ARTICLE 18 SEVERABILITY 18.1 In the event that any provision of this Agreement is held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any Article should be restrained by such tribunal pending a final determination as to its validity, the remaining provisions of this Agreement shall not be held invalid and shall remain in full force and effect. The Union and the City shall immediately meet and attempt to renegotiate any provision found invalid. ARTICLE 19 ENTIRE AGREEMENT 19.1 The Union and the City acknowledge that each has had the unlimited right and opportunity to make proposals with respect to any matter deemed a proper subject for collective bargaining. The results of the exercise of that right are set forth in this Agreement. Therefore, the City and the Union each voluntarily and unqualifiedly agree to waive the right to oblige the other party to bargain with respect to any subject or matter not specifically covered by the Articles of this Agreement during the term of this Agreement, except as mutually agreed upon. ARTICLE 20 CONFLICTING PROVISIONS 20.1 In the event that any provision of this Agreement is found to be in conflict with any other resolution, ordinance, policy, regulation or rule of the City, the provision of this agreement shall prevail. ARTICLE 21 DRUG FREE WORKPLACE 21.1 The maintenance of a drug-free work place is essential to the safety and welfare of City employees and the citizens of Bremerton. The following provisions shall apply to employees covered by this Agreement. 21.2 The unlawful manufacturing, distributing, dispensing, processing, or using of a controlled substance of alcohol in the work place is prohibited. Reporting to work under the influence of a controlled substance or alcohol is prohibited. 21.3 Asa condition of employment, all employees must notify the Fire Chief or designee of any criminal drug statute conviction for a violation occurring in the work place no later than five (5) days after such a conviction. 21.4 It is the responsibility of every employee to be aware of the above provisions and to abide by them. Failure to observe these provisions could result in immediate disciplinary action against the employee, up to and including termination. The employee may be required to participate satisfactorily in an alcohol or drug abuse assistance or rehabilitation program. 21.5 All employees will be fully informed of the drug and alcohol-testing article. Employees will be provided with information concerning the impact. of the use of alcohol and drugs on job performance. Supervisors will receive training in recognition of signs and systems of substance abuse. In addition, the City will inform the employees on how the tests are conducted, what the test can determine and the consequence of testing positive for drug use. All newly hired employees will be provided with this information on their initial date of hire, or as soon thereafter as possible. No employee will be tested COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1,2006 to December 31, 2008 Page 28 before this information is provided to him. An employee may voluntarily enter rehabilitation without a requirement or prior testing. Employees who voluntarily come forward and ask for assistance to deal with a drug or alcohol problem will not be disciplined by the City fordoing so. No disciplinary action will be taken against an employee unless he/she refuses the opportunity for rehabilitation, fails to complete a rehabilitation program successfully, or again tests positive for drugs within two (2) years of completing an appropriate rehabilitation program, or as otherwise provided in this article. 21.5.1 Drugs will be defined as narcotics, depressants, stimulants, hallucinogens, cannabis and alcohol, or substances whose dissemination is regulated by law or this article. With respect to over-the-counter drugs and/or drugs that require a prescription or other written approval from a licensed officer or dentist of their use, it is the responsibility of the employee to review cautionary warnings for potential side effects and inquire of the issuing medical authority as to the potential impact of the drug to impair one's ability to work safely and effectively. Each employee is expected to inform his supervisor of such circumstances if there is reasonable cause to believe there will be impairment. 21.5.2 Employees will not be subjected to random medical testing involving urine or blood analysis or other similar or related tests for the purpose of discovering possible drug or alcohol abuse. However, if objective evidence exists establishing reasonable cause to believe an employee's work performance'is impaired due to drug or alcohol abuse, the City will require the employee to undergo a medical test consistent with the conditions as set forth in this article. Indications of impaired behavior or a substance abuse problem will include, but are not limited to, the odor of alcohol on the breath, dilated or constricted pupils, accident pattern, abnormal behavior or performance for that specific employee. 21.5.3 The collection of the samples will be performed by a laboratory and/or by a health care professional qualified to administer and determine the meaning of any test results. The laboratory performing the test will be one that is certified by the National Il1stitute of Drug Abuse (NIDA). The laboratory used will also be one whose procedures are periodically tested by NIDA where they analyze unknown samples sent to an independent party. The results of employee tests will be made available 'to the-designated Medical Review Officer. The employee will not consume any food or liquids until after the sample is taken. 21.5.4 Collection of blood or urine samples will be conducted in a manner, which provides the highest degree of security for the sample and free from adulteration. Recognized strict chain of custody procedures must be followed for all samples as set by NIDA. 21.5.5 Blood or urine samples will be submitted per NIDA standards. Employees have the right to seek consultation with Union or legal counsel representative prior to submission of the sample, pro,:,ided it ~oes not unduly delay the process. Employees will not be witnessed while submitting a unne specimen. 21.5.6 Prior to submitting a urine or blood sample, the employee will be required to sign a consent and release form. An employee who refuses to submit to discovery testing will be subject to disciplinary action up to and including discharge for the purpose of administering this article. 21.5.7 All samples must be stored in a scientifically acceptable preserved manner consistent with NIDA standards. COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1,2006 to December 31, 2008 Page 29 21.5.8 The laboratory will test for only the substance and within the limits as follows for the initial and confirmation test as provided within NIDA standards. The initial test will use an immunoassay, which meets the requirements of the Food and Drug Administration for commercial distribution. The following initial cutoff levels will be used when screening specimens to determine whether they are negative for those five drugs or classes of drugs: INITIAL TESTING Marijuana metabolites 100 ng/ml Cocaine metabolites 300 Opiates metabolites (1) 300 ng/ml Phencyclidine 25 Amphetamines 1,000 nglml CONFIRMATORY TESTING Marijuana metabolites (I) 16 ng/ml Cocaine metabolites (2) 150 ng/ml Opiates Morphine 300 ng/ml Phencyclidine 25ng/ml Amphetamine 500 nglml Methamphetamine 500 ng/ml De Ita -9- tetrahy drocannabino 1-9carboxy li c acid If confirmatory testing results are negative, all samples will be destroyed and records of the testing expunged from the employee's file. 21.5.9 Reporting for work with any measurable amount of alcohol in the bloodstream (i.e. a blood alcohol level of .04 or higher) will be a basis for disciplinary action. A blood alcohol test will be performed by a qualified laboratory to determine the amount of alcohol in the bloodstream. If such alcohol testing results are negative, all samples will be destroyed and records of the testing expunged from the employee's file. 21.5.10 The Medical Review Officer will be employed by the collection facility and must be a licensed physician with knowledge of substance abuse disorders. The Medical Officer will be familiar with the characteristics of tests (sensitivity, specificity, and predictive value), the laboratories running the tests and the medical conditions and work exposure of the employees. The role of the Medical Review Officer will be to review and interpret the positive test results. He or she must examine alternate medical explanations for any positive test results. This action will include conducting a medical interview with the affected employee, review of the employee's medical history and review of any other relevant biomedical factors. The Medical Review Officer must review all medical records made available to the tested employee when a confirmed positive test could have resulted from legally prescribed medication. 21.5.11 The laboratory will advise only the employee and the Medical Review Officer of any positive results. The results of a positive drug or alcohol test can only be released to designated COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1,2006 to December 31, 2008 Page 30 Human Resources staff by the Medical Review Officer once he or she has completed her or his review and analysis of the laboratory's test. 21.5.12 The parties recognize that an employee has the obligation not to place him/herself in a situation where the ability to perform his/her job is impaired by drugs or alcohol. In the event an employee fails to fulfill his/her obligations, it is the responsibility of the City to remove such employee from the work environment to prevent the endangerment of the employee, fellow employees and/or the public. 21.5.13 The parties recognize that an employee has the obligation not to place him/herself in a situation where the ability to perform his/her job is impaired by drugs or alcohol. In the event an employee fails to fulfill his/her obligations, it is the responsibility of the City to remove such employee from the work environment to prevent the endangerment of the employee, fellow employees and/or the public. Any regular employee who tests positive for drugs may be subject to disciplinary action up to and including termination, depending upon the circumstances of the situation. Circumstances that would warrant termination include incidents where the employee's impairment resulted in loss of life, serious injury to self or others, or the serious loss or damage of property. In cases where discipline is not warranted, the employee involved who tests positive for drugs or alcohol may be placed in a rehabilitation status where the employee may utilize accrued paid leave or donated leave. In this case the employee will be evaluated by a licensed drug/alcohol evaluator, nor employed by the City. Participation by the employee in the approved treatment program is mandatory. Once the intensive part of the program has been completed, the employee may be returned to his/her regular duty assignment, but only with a written release from the Medical Review Officer. Employees who complete a rehabilitation program may be re-tested randomly a maximum of four (4) times a year for the following two (2) years. 21.5.14 Employees who enter and successfully complete a rehabilitation program on their own initiative may not be subjected to re-testing, except as provided in this section. The treatment and rehabilitation will be paid for by the City only to the extent that coverage may be provided by the employee's medical insurance program through the City. Employees will be allowed to use their accrued, earned and donated leave for the necessary time off involved in the rehabilitation program. Upon completion of the program, the employee will be subject to one (1) random test during the following twelve (12) months. 21.5.15 Periodic progress reports from the attending health care practitioner will be provided to the City stating the prognosis of when the employees should be able to return to his/her regular duty assignment. 21.5.16 If an employee tests positive during the two (2) year period following the rehabilitation program, the employee will be re-evaluated by a licensed drug or alcohol counselor to determine if the employee requires additional counseling and/or treatment. The employee will be solely responsible for any costs not covered by insurance, which arise from this additional counseling or treatment. This section does not apply to employees in rehabilitation programs pursuant to Section 20.5.10. 21.5.17 Once an employee successfully completes rehabilitation, he or she will be returned to his/her regular duty assignment. COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1,2006 to December 31, 2008 Page 31 21.5.18 A regular employee has the right to challenge the results of the drug or alcohol tests and any discipline imposed in the same manner that he/she may grieve or appeal any other City action. 21.5.19 The parties recognize that during the life of this Agreement, there may be improvements in the technology of the testing procedure, which provide more accurate testing. In that event, the parties will bargain in good faith whether to amend this procedure to include such improvements. If the parties are unable to agree on the amendments they will be submitted to impasse procedures as outlined in RCW 41.56. 21.5.20 This Article is in no way intended to supersede or waive any constitutional or other rights that the employee may be entitled to or legal obligations that the City may have under federal, state or local statutes. 21.5.21 The drug-testing program was solely initiated at the request of the City. The Union will be held harmless and indemnified, including the cost of attorney's fees, for the violation of any employee's rights by the City arising from the administration of this testing process. 21.5.22 The City is committed to supporting employees undergoing treatment and rehabilitation for alcohol or other chemical dependency. The City will provide information to employees on available drug/alcohol abuse assistance or rehabilitation programs. 21.5.23 The confidentiality of all complaints and reported violations of the provisions of this policy will be strictly maintained, except as required by public disclosure laws or court orders. ARTICLE 22 DEFERRED COMPENSATION 22.2 The City shall match the payroll deduction of any written request by an employee covered by this Agreement, in an amount not to exceed three and one-half percent (3.5%) of salary. 22.3 Effective January 1, 2008, the City shall match the payroll deduction of any written request by an employee covered by this Agreement in an amount not to exceed four percent (4%) of salary. 22.4 LEOFF I bargaining unit members who have completed 25 or more years of service with the City will no longer be required to make a matching contribution, and may elect to have all or part of the City's maximum contribution converted into longevity in lieu of Deferred Compensation. 22.5 LEOFF II bargaining unit members who are a minimum of 45 years of age and have completed 15 or more years of service with the City will no longer be required to make a matching contribution, and may elect to have all or part of the City's maximum contribution converted into longevity in lieu of Deferred Compensation. 22.6 CONVERSION TO LONGEVITY: Employees may elect, by notifying the City in writing on an annual basis, that they wish to convert all or a portion of the City's contribution to their deferred compensation to longevity. Such conversion shall only be permitted in one-half percent (112%) increments. Once an employee has selected to make the conversion from deferred compensation to longevity, they will not be permitted to make any changes whatsoever to the percentage converted, for a full 12-month period. COL~ECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1,2006 to December 31, 2008 Page 32 ARTICLE 23 LABOR MANAGEMENT COMMITTEE 23.1 LABOR MANAGEMENT: The Employer and the Union agree that a need exists for closer cooperation between labor and management. To accomplish this objective, the Employer and the Union agree that no more than three (3) duly authorized representatives of the Union shall function as one-half (1/2) of a Labor-Management Committee, the other half being no more than (3) certain representative of the Employer named for that purpose. The Committee shall meet as necessary or at the request of either party for the purpose of discussing and facilitating the resolution of all problems which may arise. 23.2 MULTIJURISDICTIONAL TRAINING: In the event that multi-jurisdictional training is scheduled on a Saturday, the Chief or Assistant Chief shall, ,as soon as practicable 1) communication to the Union in writing, a non-arbitrary necessity for the training and 2) communicate to the Union, in writing, a non-arbitrary necessity for the training on a Saturday (as opposed to any other day). 23.2.1 The determination of the department on items 1) and 2) above shall be subject to the grievance procedure of the CBA. 23.2.2 While such multi-jurisdictional training may increase the productivity hours forzthat event, it is not the intent of this agreement to increase productivity hours as a matter of general policy. (Incorporates LOU of May 4, 2005) 23.3 ADDING (3) LIEUTENANT POSITIONS AND DELETING (3) FIRE FIGHTER POSITIONS: After formal ratification by both parties, three (3) Lieutenant positions will be added and three (3) Fire Fighter positions will be eliminated. ARTICLE 24 PHYSICAL FITNESS PROGRAM 24.1 The Union and the Employer shall work cooperatively in the Joint Labor Management Committee and continue to develop and refine the physical fitness program. ARTICLE 25 TOBACCO FREE WORK PLACE 25.1 As a condition of employment, all employees hired after the effective date of this agreement shall not use any tobacco products while on duty. ARTICLE 26 DISCIPLINARY ACTION 26.1 Disciplinary action, as defined by the Civil Service Rules as now stated or as hereinafter amended, may be taken against any non-probationary employee for just cause. An employee, who is the subject of a disciplinary action, must elect to follow the appeal procedures either in the Civil Service Rules, or grievance procedure. The employee selection of one procedure shall preclude the use of the other. ARTICLE 27 TERM 27.1 The terms of this Agreement shall be in effect upon January 1,2006, unless otherwise provided within the terms of each Article, and shall remain in effect through December 31,2008. Negotiations for a successor agreement shall commence no later than August 1,2005. Upon the approval of the Council, this Agreement shall become binding upon the City, the Union and all of the employees in the bargaining unit covered by this Agreement. COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMER TON and IAFF LOCAL 437 January 1,2006 to December 31, 2008 Page 33 DATEDTIIIS/~""dayof ~ CITY OF BREMERTON: ,2006. ~~~ Carol S. Conley =-G Mana er of Human Resources Todd Thorsen President -~ A. /) \, /(~---.. Rob Ashmore Vi~~t ~ Doug aie Secretary- asurer ATTEST: APPROVED AS TO FORM: cA:- ~'=. ~- ~bOVich- City Attorney COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1,2006 to December 31, 2008 Page 34 IAFF PAY RATES EFFECTIVE 1-1-2006 Average Shift Hours/year Average Shift HoursllNk 2,610 50.19 General 2.500% Market 1.500% Compounded Increase 4.0375000000 Shift hourly calculated as specified in contract. Step 1 Step 2 Step 3 Step 4 Step 5 Step 5+1.25% Step 5 + 2.5% Step 5 +3.75% Step 5 + 5% Step 5 + 6.5% POSITION BASE @70% @75% @85% @90% 12 mos. 6-10th Yrs. 11-15th Yrs 16-2Oth Yrs. 21-25th Yrs. 26 Yrs. + 12 mos. 12 mos 12 mos. 12 mos Firefighter Annuat 45,041.76 48,258.96 54,693.36 57,91080 64,345.20 65,149.44 65,953 92 66,758.16 67,562.40 68,527.68 Monthly 3,753.48 4,021.5.8 4,55778 4.825 90 5,362.10 5,429.12 5,496.16 5,563.18 5,630.20 5,710.64 Semi-Mo 1,876.74 2,010.79 2,278.89 2,412.95 . 2,681.05 2,714.56 2,748.08 2,78159 2,815.10 2,855.32 Shift/Hourly 17.26 18.49 20.96 22.19 24.65 2496 25.27 25.58' 25.89 26.26 Shift/Overtime 25.89 27.74 31.44 33.29 3698 3744 37.91 38.37 3884 39.39 Firefighter (assigned to Equlp.Maint Or SeBA) Annual 46,843.20 50,18928 56,881.20 60,227.04 66,918.96 67,755.36 68,592.00 69,428.40 70,264.80 71,26872 Monthly 3903.60 4182.44 4740.10 501892 5576.58 5646.28 571600 5785.70 5855.40 5939.06 Seml-Mo 1,951.80 2,091.22 2,37005 2,509.46 2788.29 2,823.14 2,858 00 2,892.85 2,927.70 2,96953 Shift/Hourly 17.95 19.23 2179 2308 25.64 25.96 26.28 26.60 26.92' 27.31 Shift/Overtime 26.93 . 28.85 32.69 3462 38.46 38.94 39.42 39.90 40.38 40.97 Paramedic/Firefighter Annual 50,671.92 54,291 36 61,530.00 65,149.44 72,388.32 73,293.12 74,197.92 75,102.96 76,007.76 77,093.52 Firefighter (assigned to Frre Prevention) Monthly 4222.66 4524.28 5127.50 5429.12 6032.36 6107.76 618316 6258.58 6333.98 8424.46 Semi-Mo 2,111.33 2,262.14 2,563.75 2,714.56 3016.18 3,053.88 3,091.58 3,12929 3,166.99 3,21223 Non-Shift Hourly 24.36 26.10 29.58 31.32 34.80 35.24 35.67 36.11 36.54 37.06 Non-Shift OT 36.54 39.15 4437 46.98 52.20 52.86 53.51 54.17 5481 5559 Shift/Hourly 19.42 20.80 23.58 2496 27.74 28.08 28.43 28.78 29.12 29.54 Shift/Overtime 29.13 31.20 35.37 37.44 4161 42.12 42.65 43.17 43.68 44.31 Fire lieutenant Annual N/A N/A N/A N/A 73,997.04 74,922.00 75,846.96 76,771.92 77,696.88 78,806.88 Monthly N/A N/A N/A N/A 6,166.42 6,243.50 6,320.58 6,397.66 6,474.74 6,567.24 Semi-Mo N/A N/A N/A N/A 3083.21 3,121.75 3,160.29 3,198.83 3,237.37 3,283.62 Shrft!Hourly N/A N/A N/A N/A 28.35 28.71 29.06 29.42 29.77 3020 Shift/Overtime N/A N/A N/A N/A 42.53 43.07 43.59 44.13 4466 45.30 Fire Captain Annual N/A N/A N/A N/A 82,361 76 83,391.36 84,420.72 85,450.32 86,479.92 87,71520 Fire Captain-Deputy Fire Marshall Monthly N/A N/A N/A N/A 6,863 48 6,949.28 7,035.06 7,120.86 7,206.66 7,309.60 Fire Captain-Medical Officer Semi-Mo N/A N/A N/A N/A 3431.74 3,474.64 3,51753 3,560.43 3,603.33 3,654.80 Non-Shift Hourly 39.60 40.09 4059 41.08 4158 42.17 Non-Shift OT 59.40 60.14 60.89 6162 62.37 6326 Shift/Hourly N/A N/A N/A N/A 31.56 31.95 32.35 32.74 3314 33.61 Shift/Overtime N/A N/A N/A N/A 47.34 47.93 4853 49.11 49.71 50.42 Battalion Chief Annual N/A N/A N/A N/A 85,900.80 86,97456 88,048.32 89,122.08 90,195.84 91,484.40 Monthly N/A N/A N/A N/A 7,158.40 7,247.88 7,33736 7,426.84 7,516.32 7,623.70 Semi-Mo N/A N/A N/A N/A 3579.20 3,623.94 3,668 68 3,713.42 3,758.16 3,811.85 Non-Shift Hourly 41.30 41.81 42.33 4285 43.36 43.98 Non-Shift OT 61.95 62.72 63.50 64.28 65.04 6597 Shift/Hourly N/A N/A N/A N/A 32.91 33.33 33.74 34.15 34.56 35.05 Shift/Overtime N/A N/A N/A N/A 49.37 5000 5061 51.23 51.84 52.58 Step 1 Slep 2 Step 3 Step 4 Step 5 Step 5 1.25% Step 6 Step 6 1.25% Step 6 2.5% Step 6 3.75% Step 6 5.0% Step 6 6.5% BASE 12 mos. 12 rilos 12 mos. 12 mos. 12 mos. 6-9Yrs 10Yrs 10yrs 11-15th Yrs. 16-2Oth Yrs. 21-25th Yrs. 26 Yrs. + Continuous Paramedic/Firefighter Annual N/A N/A N/A N/A N/A N/A 73,997.04 74,922.00 75,846.96 76,771.92 77 ,696.88 78,806.88 Monthly N/A N/A N/A N/A N/A N/A 6,166.42 6,243.50 6,320.58 6,397.66 6,474.74 6,567.24 Semi-Mo N/A N/A N/A N/A N/A N/A 3,083.21 3,121.75 3,160.29 3,198.83 3,237.37 3,283.62 Non-Shift Hourly N/A N/A N/A N/A N/A N/A 35.58 3602 36.46 36.91 37.35 37.89 Non-Shift OT N/A N/A N/A N/A N/A N/A 53.36 54.03 54.70 55.36 5603 56.83 Shift/Hourly N/A N/A N/A N/A N/A N/A 2835 28.71 29.06 29.42 29.77 30.20 Shrft!Overtlme N/A N/A N/A N/A N/A N/A 4253 43.07 43.59 4413 44.66 45.30 August 28,2003 Annual rate is approximate R\Human Resources\HR\Human Resources\Contracts\IAFF\2005-2007 Contract\2006-2008 Contract for ratification\OfficiallAFF Appendix A -2006 2006 6/15/2006 1 :56 PM DA TE SUBMITTED': 6-07-06 ') -... ~ ~.~. ....-....'" AGENDA BILL CITY OF BREMERTON CITY COUNCIL ()(p- J~tf ........................................................................................ SUBJECT:, Collective Bargaining Agreement between the City and the International Association of Fire Fighters, Local #437. Executive Session Date: March 22,2006 COUNCIL MEETING Date: 6/14/06 Department: Financial Services Presenter: Carol S. Conley, HR Manager Phone: 473-5347 SUMMARY: Pursuant to RCW 41.56, negotiations have concluded between representatives of the City and the International Association of Fire Fighters (IAFF) Local #437 resulting in the attached Collective Bargaining Agreement (CBA). These negotiations have been discussed with Council in Executive Session. This CBA replaces the current one that expired on December 31, 2005. The new CBA is for a three (3) year term, beginning January 1,2006 through December 31, 2008. It was ratified by the IAFF membership on April 4, 2006. Council approval is required to implement this agreement. ' ATTACHMENTS: Proposed Collective Bargaining Agreement between the City and IAFF. FISCAL IMP ACTS (Include Budgeted Amount): Fiscal impact of implementing this contact is estimated as follows: 2006: $398,711; 2007: $427,689; 2008: $619,623. A budget amendment in the , amount of $111,775 will be required in addition to the set aside in non-departmental, to fund the contract for 2006. APPROV ALS: DEP ARTMENT MANAGER: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: ,..- ~r:. -"",/' ~" ~~~ /'I!'" ,'4 RECOMMENDED MOTION: Motion to approve the Collective Bargaining Agreement by and between the City and International AssoCiation of Fire Figthers, Local #437, January 1, 2006 through December 31, 2008, and make the necessary amendments to the budget. COUNCIL ACTION: ~ove 0 Deny 0 Table 0 Continue 0 No Action FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: I CONSENT AGENDA Ij(j I