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HomeMy WebLinkAboutIAFF LOCAL 437, 2005 DATE SUBMITTED: 4-13-06 BILL # 0(0-- ()78 AGENDA BILL CITY OF BREMERTON CITY COUNCIL .....................................................m.................................. SUBJECT: 2005 Collective Bargaining Agreement between the City and IAFF Local #437 Executive Session Date: 3-22-06 COUNCIL MEETING Date: 4-19-06 Department: Human Resources Presenter: Carol Conley, HR Manager Phone: 473-5347 SUMMARY: Pursuant to RCW 41.56, negotiations have concluded between representatives of the City and 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, 2004. The new CBA is for a one (1) year term, beginning January 1, 2005 through December 31, 2005. It was ratified by the IAFF membership on April 4, 2006. Council approval is required to implement this agreement. ATTACHMENTS: Proposed 2005 Collective Bargaining Agreement between the City and IAFF Local #437 FISCAL IMP ACTS: There are sufficient funds set aside in the 2006 budget to cover the cost of the proposed contract. A budget adjustment to reallocate the labor costs from the General Fund Miscellaneous Non-departmental budget (set aside for Labor) to the Fire Department is required. APPROV ALS: DEP ARTMENT DIRECTO CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: I CONSENT AGENDA X I~ .. RECOMMENDED MOTION: Motion to approve the Collective Bargaining Agreement by and between the City and IAFF Local #437, January 1, 2005 through December 31, 2005 and make the necessary amendments to the budget. COUNCIL ACTION: ~ Approve 0 Deny 0 Tahle o Continue D No Action COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN CITY OF BREMERTON AND INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 437 ~~ nm1P 4t~o~ @:.~ ~~ January 1, 200S through December 31, 200S 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, 2005 THROUGH DECEMBER 31, 2005 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.............................................................................. .13 ARTICLE 9 HOLIDAYS .............................................................................................16 ARTICLE 10 SICK LEAVE AND INDUSTRIAL DISABILITY ................................17 ARTICLE 11 OTHER LEAVE..................................................................................... .21 COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1.2005 -December 31, 2005 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 ARTICLE 28 APPENDIX A RETIREMENT BENEFITS.....................................................................22 INSURANCE BENEFITS .......................................................................23 CLOTHING AND UNIFORM CLEANING ALLOWANCE ................24 PERSONNEL PRACTICES................................................................... .24 PROMOTIONAL EXAMS..,................................................................. .26 GRIEVANCE PROCEDURE...............,...........................,.........,........... .29 SEVERABIL TY .............................................................. ............,.....,..., .31 ENTIRE AGREEMENT ..........................................................................31 CONFLICTING PROVISIONS........,...,.,....,......,.......,.....,............,.,..... .31 DRUG FREE WORKPLACE................................................................. .31 DEFERRED COMPENSATION......,.,............................,.,............,.,.,.. .,36 LABOR MANAGEMENT COMMITTEE .............................................37 TEMPORARY FIREFIGHTER PROGRAM......... .............................. ..37 PHYSICAL FITNESS PROGRAM...................................................... ..37 TOBACCO FREE WORKPLACE.............,....,....,.,...,.....,.,.......,.....,..... .37 DISCIPLINARY ACTION.....,.,......,..........,....,....,...,.,.....,.................... ..37 TERM ......................................................................................................38 ..................................................................................................................39 COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMER TON and IAFF LOCAL 437 January 1, 2005 --December 31,2005 I, PAGE 3 COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN CITY OF BREMERTON AND INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 437 January 1, 2005 through December 31,2005 PREAMBLE This Agreement is made and entered into pursuant to the provisions of RCW Chapter 41.56 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 COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMER TON and IAFF LOCAL 437 January 1, 2005 -December 31,2005 PAGE 4 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 classifications as may be added to the bargaining unit during the term of this Agreement by mutual agreement of both parties. ARTICLE 3 UNION DUES 3.1 DUES DEDUCTIONS: The City will deduct monthly Union dues and initiation fees uniformly required of membership from the pay of those employees who provide written authorization to the City to make such deductions. 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 I 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 premises 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 COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1, 2005 --December 31,2005 PAGE 5 Section 4.2, not to exceed 72 hours each, annually, for the following meetings and conferences: WSCFF Legislative WSCFF Spring Education Seminar WSCFF Annual Convention IAFF Bi-annual Conference (President only) 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 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, 2005, wages shall be as identified in Appendix A, which reflects an increase of three percent (3%) over 2004 wages. 5.2 The longevity schedule for members of the bargaining unit shall be as follows: Completion of 5 years service = 1.25% Completion of 10 years service = 2.5% Completion of 15 years service = 3.75% Completion of 20 years service = 5% Completion of 25 years service = 6.5% 5.3 Advancement through the pay rates from the First Step through the Final Step of 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 COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1,2005 --December 31,2005 PAGE 6 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 advancement date will be extended by the actual number of days the employee was absent on such leave. 5.4 A new employee shall be hired at the first year step, however, a new employee who has 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 at second or third year steps shall be determined by a review committee consisting of the Fire Chief, Assistant Chief, and one (1) Union representative. 5.5 A Fire Fighter/Paramedic with no experience shall be hired at the first year step. A Fire Fighter/Paramedic 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. 5.6 A Firefighter/EMT with no experience shall be hired at the first year step. A Fire Fighter/EMT 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. 5.7 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. 5.8 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. 5.9 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 Officer, an employee must be listed on the City's current appropriate eligible register and must volunteer for the assignment. The use of Acting Officers will not be used as a permanent alternative to hiring a full complement of officers. At least one officer on duty must be regularly appointed to the position. In the event that two (2) acting Lieutenants are on duty with a regular Lieutenant, the regularly appointed Lieutenant shall be assigned to Station 1. In the event an Acting Captain is required, the employees on the eligible list for Captain shall be contacted first and given the opportunity to fill the position as needed. COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1, 2005 --December 31, 2005 PAGE 7 5.9.1 Acting Officers Compensation: o through 1 hour After 1 through 4 hours After 4 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 shift between two (2) employees, the maximum overtime paid shall be three and one-half (3.5) hours. 5.10 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 of the assignment: 5.10.1 The employee who is at the rank of Firefighter, Firefighter/Maintenance and/or Firefighter/Paramedic, shall have their compensation increased to Lieutenant at the same step in the Lt. pay band. Example: FF/PM at Step 4 would go to Step 4 of Lt. pay band. 5.10.2 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.IO.3If the employee is at the rank of Captain, Captain Medical Officer and/or Captain Fire Marshal, their compensation shall not be increased. 5.10.4 Appendix "A" for Fire Fighter/Paramedic includes a sixth (6th) step. To be eligible for this step the employee must have completed ten (10) years continuous service as a fire Fighter/Paramedic with the City. The sixth step will be two and one half percent (2.5%) above the fifth step. 5.11 All newly hired employees will utilize automatic deposit of their paychecks during their term of employment with the City. 5.12 Effective January 1, 2003 the Training Officer pOSItIOn shall be upgraded to Battalion Chief, and the pay rate for this position shall be five and one-half percent (5.5%) above the Captain rate of pay. Testing will be conducted pursuant to Article 15, Section 15.8.1. 5.13 Effective July 1,2003, the rate of pay for Captain shall be increased by four percent (4%). 5.14 Effective July 1,2004, the rate of pay for Captain shall be increased by four percent (4%). COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1,2005 -December 31,2005 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. 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 1st of each year, the Fire Chief shall assign shift personnel to one of three shifts: A, B or 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) 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). Shift hours begin at 0800 hours and conclude at 0800 hours each day. Non-shift personnel 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 or full Kelly Days with another employee of the same permanent rank provided that : The change does not interfere with the duties and responsibilities of the employees in their positions, and COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1,2005 --December 31, 2005 PAGE 9 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 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 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 Chief's designee. Shift exchanges shall be considered as substitutions under FLSA 29 U.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. 6.6.3 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 (1-112) 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 report to work within sixty (60) minutes, COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1,2005 --December 31,2005 PAGE 10 their position on the call back-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 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. Effective upon ratification, if the On Call Fire Inspector/Duty 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 five (5) shifts 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 requested. 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 compensatory time that shift. (EXAMPLE: One (1) employee takingcomp time for a 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 COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1, 2005 --December 31, 2005 PAGE 11 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. 7.11.1 CENTRAL KITSAP FIRE RESCUE (CKFR) CONTRACT EFFECT ON MANNING: While the CKFR contract is in effect, a minimum strength of three (3) officers/acting officers, three (3) paramedics and six (6) fire fighters will be used as a guideline in considering overtime assignments. 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 of this 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: Upon the Captain or his/her designee personally contacting 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 consecutive (15) hours shall be considered an overtime work opportunity. Upon contacting 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. 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. Period. COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January I, 2005 -~December 31, 2005 PAGE 12 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 cycle, during a Kelly Day cycle, Labor Conferences/Negotiations for the Union Executive Board, or during and 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 a paid leave cycle, on a shift trade 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: Notwithstanding the provisions of Section 7.9 above, the Fire Chief or the Chief's designee may order personnel back to work for the purpose of responding to emergencies in such numbers and by using such methods as the Chief or the Chief's designee deems appropriate to the circumstances. ARTICLE 8 V ACA TION LEAVE 8.1 VACATION ACCRUAL: Employees shall accrue vacation leave with pay for all regular hours worked pursuant to the following schedule: NON-SHIFT EMPLOYEES SHIFT EMPLOYEES 'Ye~s9f ' 'vL Hrs. < Anmial Holiday~ Total , VLHrs, earned Annual Holidays' Total Service < . earned per Accrual <<, Earned 'perpay. Accrual Earned pay . Shift , Non-shift employees enlilloyees . < Hire - 5 yrs. 4.333 hrs 104 hours 88 hours 192 hours 6.066 hours 146 hours 88 hours 234 hours 6tl' _ lOtl' yr. 5.666 hrs 136 hours 88 hours 224 hours 7.933 hours 190 hours 88 hours 278 hours 11 tl'_15tl' yr. 7.333 hrs 176 hours 88 hours 264 hours 10.266 hours 246 hours 88 hours 334 hours 16th_20tl' yr. 8.600 hrs 206 hours 88 hours 294 hours 12.040 hours 289 hours 88 hours 377 hours 21 styrs 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 months of employment, any accrued vacation leave COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1, 2005 --December 31, 2005 PAGE 13 shall be forfeited. Vacation leave must be fully accrued prior to the time an employee utilizes any vacation leave. 8.3 VACATION SCHEDULING: Annual vacation leave shall be authorized by the Fire Chief or the Chief's designee. Non-shift personnel shall schedule vacation I eave by mutual agreement of the employee and the Fire Chief or the Chief's 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 REQUESTS SCHEDULED VACATION; Scheduled vacation leave shall be taken in a minimum of eight (8) hour blocks. 8.5 MINIMUM VACATION REQUESTS - SAME DAY REQUESTS: "Same day" vacation leave shall be taken in a minimum of one (1) hour increments. 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 staffing level. 8.6 V ACA TION 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 it subsequently_becomes filled due to a new hire or promotion. 8.7 TIMING OF VACATION LEAVE SELECTION: Vacation selections will begin December 1st 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 canceled vacation slot shall be selected by lottery from the employees on the same shift. COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMER TON and IAFF LOCAL 437 January 1.2005 -December 31,2005 PAGE 14 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 EmDlovment N on-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 V ACA TION LEAVE BALANCE GREA TER 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., 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 1st 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. The City and the IAFF agree to reevaluate this provision at the end of each contract year. 8.11 SCHEDULE CHANGE BALANCE ADJUSTMENT: 8.11.1 NON-SHIFT 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/l.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 1st half of each year (January 1st through June 30th), and may not be used for canceled vacations. COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1,2005 --December 31,2005 PAGE 15 8.13 VACATION PAY-OUT: Upon the retirement or termination of an employee who has served six (6) continuous full months of 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-SHIFT 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 of each employee's choice. If a holiday observed by the City falls on a Saturday, the holiday 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 the 5th step Fire Fighter pay rate; 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. 9.6 Effective January 1, 2002, the City will pay all bargaining unit members an additional 24 hours of straight time the 1st pay period in December, in lieu of a reduction in hours, subject to the same terms and conditions as outlined in the above section. COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMER TON and IAFF LOCAL 437 January 1, 2005 --December 31,2005 PAGE 16 ARTICLE 10 SICK LEA VE 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: Effective as of April 1, 2002, the annual accrual for shift personnel will be eight (8) hours per pay period. Partial pay periods will be pro- rated to the closest full hour. 10.2 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 who's 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 of another position with the City or another employer. 10.2.1 ELIGIBILITY: An employee who (1) is suffering from an illness or injury causing his or her extended absence from work, or who's 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 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 and, 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 COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMER TON and IAFF LOCAL 437 January 1,2005 --December 31, 2005 PAGE 17 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 Director. 10.2.5. USE OF DONATED 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 EMPLOYEE - 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 of sick leave in the calendar year following the fifth 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 11.2 hours added to his or her vacation leave balance at the beginning of the following calendar year. COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1, 2005 --December 31, 2005 PAGE 18 10.5 SICK LEAVE 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 of 35% of 960 hours (a maximum total of 336 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 percent (35%) of the employee's accrued and unused sick leave hours to a maximum of 35% 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. 10.6 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. 10.7 SICK LEAVE 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/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 10.7.2 Eligibility shall be governed by the provisions set forth in Federal or State laws, as currently written or hereinafter amended. 10.7.3 NOTIFICATION OF SICK LEAVE USE: An employee who is absent or expects to be absent from work due to causes specified in 10.7 . Labove, shall provide notification to the Department as follows: 10.7.3.1 ROUTINE APPOINTMENTS: 10.7.3.1.1 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 COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMER TON and IAFF LOCAL 437 January 1,2005 --December 31,2005 PAGE 19 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. 10.7.3.2 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 hislher on-duty shift, and must make contact with on duty personnel. 10.7.3.3 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. 10.7.3.4 SICK LEAVE DOCUMENTATION AND APPROVAL: An employee who has been absent 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 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 members 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. 10.8 INDUSTRIAL DISABILITY AND LIMITATION OF SICK LEAVE USE FOR LEOFF I EMPLOYEES: An employee who qualifies for and is included 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) COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1, 2005 -December 31, 2005 PAGE 20 days, or two (2) shifts, the employee shall apply for disability benefits provided through LEOFF I. In the event the employee's disability extends beyond a period of six (6) full months and six (6) days or two (2) shifts, the employee 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 days (6) or two (2) shifts. 10.9 INDUSTRIAL DISABILITY LEA VE 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 24 hours of bereavement leave annually for attending funerals in the state of Washington, and up to forty (40) hours annually for attending out-of-state funerals for members of the employee's immediate family. All time off for bereavement leave in excess.of 24 hours shall be charged against an employee's vacationlholiday, sick leave or compensatory time leave balance at the option of the employee. 11.1.1 Immediate family shall be defined as spouse, child, mother, father, mother/father in-law, brother, sister, brother/sister in-law, 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. 11.2.1 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. 11.3 MILIT ARY DUTY LEAVE: An employee who presents official orders requmng 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 21 calendar days for shift employees, annually. Authorized leave of absence for COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January I, 2005 --December 31, 2005 PAGE 21 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 (15) work days or a shift employee receiving up to 21 calendar days of training or serving on active duty shall receive their regular pay and the amount received from the Federal or State government. 11.4 EMERGENCY LEAVE: In the event of an unforeseen emergency which requires the absence of an employee such as the illness, injury or death of a member of an employee's immediate family, the employee shall notify his or her immediate supervisor as soon as possible of the required absence. Such emergency leave shall be charged to an employee's unused vacation/holiday or compensatory time leave balance. 11.5 ADMINISTRATIVE LEAVE: Any bargaining unit employee may be placed on Administrative 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, and no other solution is available). 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 or going on disability. The employee will maintain the same pay classification. 12.2 Effective January 1, 2002 the City agrees to allow members of the bargaining unit to participate in the Washington State Council of Fire Fighters Employee Benefit Trust Premium Reimbursement Plan (VEBA) and contribute $75.00 per month through a salary reduction of $37.50 per pay period. 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 COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1, 2005 --December 31, 2005 PAGE 22 13.2 Co-Pay amounts paid by employees for treatment received by employees shall be reimbursed to the employee. 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. 13.3 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. 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 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 WELLNESS PROGRAM: Prior to January 1, 2003, the City's shall negotiate with KPS to include medical coverage with those employees/dependents covered by KPS to include a Wellness Program benefit for well-baby care and preventative care such as PAP smears, mammography and PSA testing. ARTICLE 14 CLOTHING AND UNIFORM CLEANING ALLOWANCE 14.1 PURCHASE OF UNIFORMS: The City shall purchase new and replacement uniforms required by 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 COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January I, 2005 --December 31, 2005 PAGE 23 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. 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. 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. 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". 1.5.1.4 LEOFF II EMPLOYEE: An employee who qualifies for and is a member of the Washington State Retirement System commonly known as "LEOFF II". 1.5.1.5 NON-SHIFT EMPLOYEE: An employee who is normally assigned to work forty (40) hours per week Monday through Friday. 1.5.1.6 SHIFT EMPLOYEE: An employee who is normally assigned to work on a 24-hour shift scheduled basis. 1.5.1.7 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. 1.5.1.8 SENIORITY: The Fire Department shall establish a seniority 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 COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January I, 2005 --December 31,2005 PAGE 24 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 personnel reductions and filling of vacancies 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 himlher 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 not a vacancy exists. Provided further, however, nothing in this section shall prohibit 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 practices 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. 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 COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1,2005 --December 31,2005 PAGE 25 completion of six (6) full years of employment as a Paramedic/Firefighter, 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 to 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. 15.7 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. Should an employee fail to retain his/her Paramedic certification, they shall be downgraded to the Firefighter classification. ARTICLE 16 PROMOTIONAL EXAMS 16.1 PROMOTIONAL EXAMINATIONS: The Civil Service Rules shall apply to the conduct of promotional examinations in all respects excepting that any portion of such Rules which are in conflict with the provisions of this subsection shall be handled in conformance with the following: 16.2 MAINTENANCE OF ELIGIBLE REGISTERS: Eligible registers for Fire Lieutenant and Fire Captain shall be maintained on a continuous basis irrespective of available vacancies. Testing for the positions of Battalion Chief, Medical Officer and Fire Marshall shall be done only when a position becomes available. 16.3 WRITTEN PROMOTIONAL EXAMlBIBLIOGRAPHY: Effective January 1, 2003, 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 in the bibliography per fire station. Such reading material will remain at the station. The Department shall not be held responsible for the loss of the reading material from any station. 16.4 CRITERIA FOR OPEN EXAMINATIONS: Open promotional Examinations will only be administered to qualified bargaining unit members. 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 1,2005 --December 31, 2005 PAGE 26 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 Ratin2: 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. Periods 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. COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1, 2005 -December 31, 2005 PAGE 27 16.9 PROMOTIONS FROM FIRE FIGHTER TO PARAMEDICIFIRE FIGHTER: A Fire Fighter may be promoted to ParamedicIFire Fighter (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 employee must have a ParamedicIFire Fighter certificate issued by the Kitsap County Medical Program Director. 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. 16.10 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 Committee. 16.10.3 Exceptions shall be referred to the Joint 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 PROCEDURE 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. COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1, 2005 --December 31, 2005 PAGE 28 17 .1.3 17.1.4 17.1.5 17.1.6 UNFAIR LABOR PRACTICE: An Unfair Labor Practice charge is an a 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. 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 the action took place or 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 have the right to be assisted by an authorized Union representative if so requested, during this discussion. 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 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 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 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 with a copy to the Union representative within fourteen (14) calendar days of meeting with the employee and the Union representative. 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 Chief's written response to the Human Resources Manager and the Mayor within fourteen (14) calendar days of receipt of the Fire Chief's 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. COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1,2005 -December 31, 2005 PAGE 29 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 (14) 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. 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 COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1,2005 -December 31,2005 PAGE 30 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 or alcohol in the work place is prohibited. Reporting to work under the influence of a controlled substance or alcohol is prohibited. 21.3 As a 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 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 for doing so. No disciplinary action will be taken against an employee unless he/she refuses the opportunity for rehabilitation, COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January I, 2005 --December 3 I, 2005 PAGE 31 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 for 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 and authorized to administer and determine the meaning of any test results. The laboratory performing the test will be one that is certified by the National Institute 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, provided it does not unduly delay the process. Employees will not be witnessed while submitting a urine 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 COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1,2005 --December 31, 2005 PAGE 32 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 III a scientifically acceptable preserved manner consistent with NIDA standards. 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: INTIAL TESTING Marijuana metabolites 100 ng/ml Cocaine metabolites 300 Opiates metabolites (1) 300 ng/rnl Phencyclidine 25 Amphetamines 1,000 ng/rnl CONFIRMATORY TESTING Marijuana metabolites (1) 16 ng/ml Cocaine metabolites (2) 150 ng/ml Opiates Morphine 300 ng/ml Codeine 300 ng/rnl Phencyclidine 25 ng/rnl Amphetamine 500 ng/ml Methamphetamine 500 ng/ml 1. Delta-9-tetrahydrocannabinol-9carboxylic acid 2. Benzoylecgonine. 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. COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and [AFF LOCAL 437 January 1, 2005 --December 3[, 2005 PAGE 33 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 Review 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 exposures 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 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 City will pay for all costs involving drug and alcohol testing as well as the expenses involved of the Medical Review Officer. The City will also reimburse each employee for his or her time and expenses including travel incurred involving the testing procedure only. 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 andJor 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, not 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. COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1, 2005 --December 31, 2005 PAGE 34 21.5.14 Employees who enter and successfully complete a rehabilitation program on their own initiative may not be subject 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 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 employee 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, they will be returned to their regular duty assignment. 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 for 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. COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMER TON and IAFF LOCAL 437 January 1, 2005 --December 31, 2005 PAGE 35 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 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. 22.4 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. 22.5 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 (1/2%) increments. Once an employee has elected 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. 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 three (3) certain representative of the Employer named for that purpose. The Committee shall meet at least once every three (3) months for the purpose of discussing and facilitating the resolution of all problems which may arise between the parties. The Employer shall provide draft of the minutes of the meeting to the Union's committee within (2) two weeks of the meeting. At the Committee's discretion, additional meetings may be held. The Committee shall be chaired by a member elected by the Committee. 23.2 Should the Union and Employer mutually agree to change, add, or delete any provision of this Agreement, policies, rules or other matters, such change shall be set forth in writing. ARTICLE 24 TEMPORARY FIREFIGHTER PROGRAM COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1, 2005 --December 31, 2005 PAGE 36 24.1 During the term of this agreement the Employer may implement a "temporary" firefighter program. Prior to implementation the employer will meet with the Union to negotiate the impact on employees of such a program. ARTICLE 25 PHYSICAL FITNESS PROGRAM 25.1 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 26 TOBACCO FREE WORK PLACE 26.1 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 27 DISCIPLINARY ACTION 27.1 Disciplinary action, as defined by the Civil Service Rules as now stated of 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 28 TERM 28.1 The terms of this Agreement shall be in effect upon January 1, 2005, unless otherwise provided within the' terms of each Article, and shall remain in effect through December 31,2005. Negotiations for a successor agreement shall commence no later than August 1, 2005. This Agreement is hereby submitted to the Bremerton City Council for approval. 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. DATED THIS 20th day of April, 2006. CITY OF BREMERTON: ~~~ Carol S. Conley Human Resources Manager Q- ~pi~ A Ison Duke III Fire Chief Todd Thorsen President ~,A~ Rob Ashmore Vice President COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMER TON and IAFF LOCAL 437 January 1,2005 --December 31,2005 PAGE 37 e, Cary Bozeman, Mayor ATTEST: ~ /!vjR? Doug Baie Secretary- reasurer APPROVED AS TO FORM: Roger Lubovich City Attorney ~- COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1,2005 --December 31, 2005 PAGE 38