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HomeMy WebLinkAboutIAFF LOCAL 437, 1996-1998 ~1 OF B~e v~ ..~~O .. ........ ""~2 ..... . .' LETTER OF UNDERSTANDING This Letter of Understanding is agreed to pursuant to Article 22.2 of the Labor Agreement between the City of Bremerton and the International Association of Fire Fighters Local 437. Article 8.4.1 is hereby amended by replacing "City Council" with" Mayor." All other provisions of the Labor Agreement apply in all respects. DATED this / b day of /1411 C (; , ,1998. FOR THE CITY: FOR INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL #437 ~A;? /"~ PATRICK M. McGANNEY President @~ ALLISON D III Fire Chief TODD D. THORSEN Vice President . . HUMAN RESOURCES DEPARTMENT Charlotte Belmore Barbara Forbes Jim Meith Virginia Schneider 239 4th Street. Bremerton, WA 98337. (360) 478-5846 . FAX (360) 478-5161 . JOB LINE (360) 478-5241 LETTER OF UNDERSTANDING This Letter of Understanding is agreed to pursuant to Article 22.2 of the Labor Agreement between the City of Bremerton and the International Association of Fire Fighters Local 437, It is hereby agreed that the sentence that reads "Under no circumstances will more than three overtime opportunities be made up." is deleted from section 7.10.2. All other provisions of the Labor Agreement apply in all respects. DATED thisfl..'1 dayof h- ,1998. CITY OF BREMERTON: tI IAFF LOCAL #437: ITH uman Resources Manager (t~ ALLISON D III Fire Chief _~.-r TODD THORSEN Vice President * Equal Opportunity Employer * . . HUMAN RESOURCES DEPARTMENT Charlotte Belmore Barbara Forbes Jim Meith Virginia Schneider 2394th Street. Bremerton, WA 98337' (360) 478-5846' FAX (360) 478-5161 . JOB LINE (360) 478-5241 LETTER OF UNDERSTANDING This Letter of Understanding is agreed to pursuant to Article 22.2 of the Labor Agreement between the City of Bremerton and the International Association of Fire Fighters Local 437. A Fire Fighter Paramedic with no experience shall be set at the first year step. A Fire Fighter Paramedic with 1 year minimum paid fire experience shall be set at second year step, with third step in six months at the discretion of the Fire Chief A Fire FighterlEMT with no experience shall be set at the first year step. A Fire FighterlEMT with 1 year paid experience shall be set at second year step, with 3rd step in six months at the discretion of the Fire Chief Any variation from the above will be subject to the review committee per the Labor Agreement Article 5.1.1. All other provisions of the Labor Agreement apply in all respects. FOR THE CITY: FOR INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL #437 :J iL /A'JZ r~'-14 .. PATRICKM. 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HUMAN RESOURCES DEPARTMENT Mary Blanchard Barbara Forbes Jim Meith Virginia Schneider 239 4th Street. Bremerton, WA 98337. (360) 478-5283 . FAX (360) 478-5161 LETTER OF UNOF,RSTANDING This Letter ofUnderstandinQ is aQreed to OUfsuant to Article 22.2 of the Labor - - - - - - - - '-' - '-' - -..l - -- - - - - Agreement between the City of Bremerton and the International Association of Fire Fighters Local 437. 1. Article 15.8.2 Scheduling of Examinations -- The written portion of the promotional examinations for Fire Lieutenant and Fire Captain will be given between September 26 and October 5 in alternate years A list of reading material will be issued six (6) months prior to the written- examination. The department will supply one set of the listed reading material per fire station. Such reading material will remain at the station. The department will not be responsible for loss of the reading material. This Letter of Understanding win replace Article 15.8.2 in the current contract. All other provisions of the Labor Agreement apply in all respects DATED this s- Th day of. 1j ~, 1997 FOR TIfF CITY: FOR INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL #437 Rt/Ag~ 7?/ PATR1CKM. McGANNEY~ TODD D. THORSEN Vice President * Equal Opportunity Employer * . . AGREEMENT BY AND BETWEEN CITY OF BREMERTON AND INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 437 JANUARY 1, 1996 THROUGH DECEMBER 31, 1998 I . . TABLE OF CONTENTS TO THE COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN CITY OF BREMERTON AND INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 437 JANUARY 1,1996 THROUGH DECEMBER 31,1998 PREAMBLE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3 ARTICLE 1 NON-DISCRIMINATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3 ARTICLE 2 RECOGNITION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3 ARTICLE 3 UNION DUES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4 ARTICLE 4 UNION ACCESS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4 ARTICLE 5 WAGES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5 ARTICLE 6 HOURS OF WORK. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7 ARTICLE 7 OVERTIME . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8 ARTICLE 8 VACATION LEAVE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -: . . . . . . . .. 11 ARTICLE 9 HOLIDAYS .......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13 ARTICLE 10 SiCK LEAVE AND INDUSTRIAL DISABILITY. . . . . . . . . . . . . . . . . . . . .. 14 ARTICLE 11 OTHER LEAVE. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 17 ARTICLE 12 RETIREMENT BENEFITS .................................... 17 ARTICLE 13 INSURANCE BENEFITS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 18 ARTICLE 14 CLOTHING AND UNIFORM CLEANING ALLOWANCE. . . . . . . . . . . . .. 19 ARTICLE 15 PERSONNEL PRACTIC~S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 19 ARTICLE 16 GRIEVANCE PROCEDURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 23 ARTICLE 17 SEVERABILITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 25 ARTICLE 18 ENTIRE AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 25 ARTICLE 19 CONFLICTING PROVISIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 25 ARTICLE 20 DRUG FREE WORKPLACE .................................. 25 ARTICLE 21 DEFERRED COMPENSATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 26 ARTICLE 22 LABOR MANAGEMENT COMMITTEE . . . . . . . . . . . . . . . . . . . . . . . . . .. 26 ARTICLE 23 TEMPORARY FIREFIGHTER PROGRAM ........................ 27 ARTICLE 24 TERM. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 27 COLLECTIVE BARGAINING AGREEMENT CITY OF BREMERTON I IAFF LOCAL 437 November 29, 1995 PAGE 2 . . LABOR AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON AND INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 437 JANUARY 1,1996 THROUGH DECEMBER 31,1998 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; or mental, physical or sensory handicap, 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 this 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 this Agreement. ARTICLE2 ............. RECOGNITION 2.1 The City recognizes the Union as the sole and exclusive bargaining representative for the purpose of negotiations concerning wages, hours and working conditions for all COLLECTIVE BARGAINING AGREEMENT CITY OF BREMERTON IIAFF LOCAL 437 November 29,1995 PAGE 3 I,,' ,,1 . . employees in classifications set forth in AppEmCJix A and such classifications as may be added to the bargaining unit during the term of this Agreement. 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 written notice to the City. The City will notify the Union of all revoked authorizations received by the City. 3.3 EQUIVALENT DUES PAYMENT: An employee who revokes his or her written authorization to deduct dues or who refuses to join the Union shall contribute an amount equivalent to regular Union dues and initiation fees to a non-religious charity or to a religious organization mutually agreed to by the Union and the employee. The employee shall provide written evidence to the Union that such contributions have been made. 3.4 'Indemnification: The Union shall indemnify and hold the City harmless, from any and all liability resulting from the administration of this Article. ARTICLE 4 ............. UNION ACCESS 4.1 CONDUCT OF UNION BUSINESS: Union business, such as handling grievances and other legitimate routine matters, may be conducted on Fire Department premises, provided that such business does not interfere with Fire Department operations and is authorized by the Fire Chief. Scheduled Union meetings may be held in Fire Department facilities provided that such meetings do not interfere with Fire Department emergency 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 of other on-duty employees. 4.3 UNION REPRESENTATIVES RELEASE TIME: The fire chief or designee shall grant an employee who is also a Union representative reasonable release time, up to seventy- two (72) hours annually, while on duty for the purpose of legitimate union business. COLLECTIVE BARGAINING AGREEMENT CITY OF BREMERTON IIAFF LOCAL 437 November 29,1995 PAGE 4 ,,:.: . ".~<,:,~,'- . 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. ARTICLE 5 ............. WAGES 5.1 Compensation shall be as stated in Appendix A. Advancement through the wage rates from the First Step through the Final Step of the longevity scale will occur upon completion of the prescribed number of full year(s) of continuous employment since the employee's last wage placement. 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. 5.1.1 . A new employee's wage rate shall be set at the first year step except that 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 have his or her wage rate set 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 oftwo (2) chief officers and one (1) Union representative. I 5.1.2 FIRE PREVENTION: An employee who is assigned to perform fire prevention work shall be compensated at the Firefighter/Fire Prevention base wage rate prescribed in Appendix A for the duration of the assignment. 5.1.3 EQUIPMENT 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 wage rate prescribed in Appendix A for the duration of the assignment. 5.2 ACTING OFFICERS: An employee who serves as an Acting Officer for a twenty-four (24) hour shift or the majority thereof shall be compensated as per section 5.2.1 In order to be eligible for serving 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 for 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. COLLECTIVE BARGAINING AGREEMENT CITY OF BREMERTON IIAFF LOCAL 437 November 29, 1995 PAGE 5 . . 5.2.1 Acting Officers Compensation: o - 4 hours No Compensation After 4 - 12 hours 1 hour of overtime After 12 - 24 hours 2 hours of overtime 5.3 In the event an employee is assigned to the Washington State Fire Service Training Center to be an instructor, the following provisions shall apply for the term of the assignment: 5.3.1 The employee who is at the rank of Firefighter, Firefighter/Maintenance and/or Firefighter/Paramedic, shall have their compensation increased to Lieutenant. 5.3.2 If the employee is at the rank of Lieutenant, shall have their compensation increased to Captain. 5.3.3 If the employee is at the rank of Captain, Captain Medical Officer and/or Captain Fire Marshal, their compensation shall not be increased. 5.4 Regular employees in Firefighter or Firefighter PM Steps 1 through 4 hired prior to January 1, 1995, shall have their wage rate adjusted to the nearest greater wage step in the new schedule effective January 1, 1996. Probationary employees shall have their wage rate adjusted in the same manner upon completion of their probationary period. 5.5 . Effective January 1 1997, the wage rates set forth in Appendix A shall be adjusted by 90% of the Seattle CPI-W July 1996 Index with a minimum adjustment of 3% and a maximum adjustment of 6%. Should the CPI increase beyond 8% then either party may open wages for renegotiations. 5.5.1 Effective January 1, 1997, the fifth step Firefighter PM classification shall be 108% of the fifth step Firefighter classification, and the Lieutenant classification shall be 114% of the fifth step Firefighter classification. 5.6 Effective July 1, 1997 the wages set forth above shall be increased by three (3%) percent. 5.7 Effective January 1 1998, the wage rates set forth in Appendix A shall be adjusted by 90% of the Seattle CPI-W July 1997 Index with a minimum adjustment of 3% and a maximum adjustment of 6%. Should the CPI increase beyond 8% then either party may open wages for renegotiations. 5.7.1 Effective January 1, 1998 the fifth step Firefighter PM classification shall be 110% of the fifth class Firefighter rate, the Lieutenant classification shall be 115% of the fifth step COLLECTIVE BARGAINING AGREEMENT CITY OF BREMERTON IIAFF LOCAL 437 November 29, 1995 PAGE 6 . . Firefighter classification, and the Captain Classification shall be 120% of the fifth step Firefighter classification. 5.8 Effective July 1, 1998 the wages set forth above shall be increased by three (3%) percent. ARTICLE 6 ............. HOURS OF WORK 6.1 NORMAL HOURS OF WORK: The normal hours of work for shift personnel shall be an average of 50.65 hours per week. 6.2 The normal hours of work for non-shift personnel shall be 40 hours per week. 6.3 SHIFT WORK SCHEDULES: On or about January 1, shift personnel shall be assigned to one of three shifts: A B or C. A shift assignment for an employee shall be worked as one (1) day on duty followed by two (2) days off duty and continuing in that pattern for a period of nine (9) consecutive on-duty shifts; provided this shall not apply to shift transfers. The next immediately scheduled shift shall be an off-duty Kelly day (10th 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. 6.4.1 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 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. 6.5 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 when: /' COLLECTIVE BARGAINING AGREEMENT CITY OF BREMERTON IIAFF LOCAL 437 November 29, 1995 \\ . . c~ . ~ .'.' 6.5.1 the change does not interfere with the duties and responsibilities of the employees in their positions, and 6.5.2 provided that the immediate supervisors of such employees find that no such interference will occur as the result of a mutually agreeable exchange. 6.5.3 Shift and/or Kelly Day exchanges in excess of eight (8) 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 pennanent rank who have obtained the prior approval of the Fire Chief or the Chiefs designee. Shift exchanges shall be considered as substitutions under FLSA 29 U.S.C. 207 (p), and the City shall have no obligation to keep records of such exchanges nor to revise hours of work to reflect the substitutions. 6.5.4 In the event an employee is unable to work a shift exchange for any reason (i.e., sick leave, emergency leave, bereavement leave, jury duty, witness and military duty leave), the employee shall be responsible to "pay back" the time 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,equipmentlSCBA repair, .callback and other such work which is required and authorized by the City and is performed during an employee's normally scheduled off- duty time. 7.2 OVERTIME COMPENSATION: Overtime work shall be compensated at the rate of one-and- one-half (1%) times an employee's hourly rate in cash or in compensatory time. The fonn 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: 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: 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. COLLECTIVE BARGAINING AGREEMENT CITY OF BREMERTON IIAFF LOCAL 437 November 29, 1995 PAGE 8 \ ~ "."" . . . ,.,':, i' 7.5 CALL BACK OVERTIME: In the event an employee who has left the workplace is called back to duty for a period of time which is less than two (2) hours, the employee shall receive a minimum of two (2) hours of overtime compensation. 7.5.1 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. 7.6 COURT AND/OR SUBPOENAED ApPEARANCES: An employee who appears in Court in a case which involves the City, or responds to a subpoena on behalf of the City on off- duty time shall receive a minimum of two (2) hours of overtime compensation for such appearances. 7.7 ON CALL FIRE INSPECTOR/DuTY CHIEF: An employee who is assigned to serve as Fire Inspector/Duty Chief On Call shall receive eight (8) hours of compensatory time at time- and-one-half for each. seven (7) day period so served. Such compensatory time shall be taken within one (1) month of the end of the pay period in which it was earned. 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. 7.8 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 thirteen and 92/100 (313.92) hours of compensatory time. Compensatory time shall be taken by mutual agreement of the employee and the Fire Chief. 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. 7.9 SCHEDULE CHANGE BALANCE ADJUSTMENT: In the event an employee's normal hours of work are permanently changed from a non-shift to a shift schedule, the employee's accrued compensatory time hours upon the date of change shall be increased as follows: Accrued Hours X 1.5 = Employee's accrued compensatory time balance. In the event an employee's normal hours of work are permanently changed from a shift schedule to a non-shift schedule, the employee's accrued compensatory time hours upon the date of change shall be decreased as follows: Accrued hours divided by 1.5. 7.10 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 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 assignments. COLLECTIVE BARGAINING AGREEMENT CITY OF BREMERTON IIAFF LOCAL 437 November 29, 1995 PAGE 9 ,;: ...., . . ~,. /0.-' , 7.10.1 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. 7.10.2 Upon 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 twelve consecutive (12) hours shall be considered an overtime work opportunity. Under no circumstances will more than three overtime opportunities be made up. 7.10.3 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. One (1) pass per twenty four (24) hour period. ft. 7.10.4 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, or during an employee's scheduled education time shall not have the offer recorded as an opportunity refused on his or her record. 7.10.5 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, or on an employee's scheduled education time. 7.10.6 Overtime on Christmas day shall not be counted as an overtime opportunity. All other overtime provisions shall apply. 7.11 EMERGENCY CALL BACK: Notwithstanding the provisions of Section 7.9 above, the Fire Chief or the Chiefs 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 Chiefs designee deems appropriate to the circumstances. COLLECTIVE BARGAINING AGREEMENT CITY OF BREMERTON / IAFF LOCAL 437 November 29, 1995 PAGE 10 . ',.;;"... '.',,'4 . ARTICLE 8 ............. VACATION LEAVE 8.1 VACATION ACCRUAL: Employees shall accrue vacation time with pay for all regular time pursuant to the following schedule: Hours Accruedl Hours Accruedl Pay period Pay period Full Time Emplovment (Non-Shift Personnel) (Shift Personnel) Date of Hire through 5 years 4.333 hours 6.066 hours 6th year through 10th Yr 5.666 hours 7.933 hours 11 th through 15th Yr 7.333 hours 10.266 hours 16th through 20th Yr 8.600 hours 12.040 hours 21 st year and after 8.666 hours 12.133 hours 8.2 VACATION EUGtBIUTY:An employee becomes eligible to take accrued vacation time 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 shall be forfeited. Vacation time must be fully accrued prior to the time an employee takes any vacation time off. 8.3 VACATION SCHEDULING: Annual vacation leave shall be authorized by the Fire Chief or the Chiefs designee. Non-shift personnel shall schedule vacation leave by mutual agreement of the employee and the Fire Chief or the Chiefs designee. Shift employees shall select their vacation choices by seniority within shift assignment and through application of the following rules: 8.3.1 A scheduled vacation shall be taken in a minimum of twelve (12) hour blocks. "Same day" vacation requests shall be taken in a minimum of one (1) hour increments. Full shift shall have priority on same day vacation. 8.3.2 Each employee may select a vacation consisting of nine (9) connected twenty four (24) hour shifts plus the employee's regularly scheduled Kelly Day. Two vacation slots and unused Kelly Days shall be available for pre-selection for each day of the year from which selections can be made. In order to get an additional Kelly Day scheduled in connection with a vacation period, an employee must arrange a mutually agreeable shift COLLECTIVE BARGAINING AGREEMENT CITY OF BREMERTON IIAFF LOCAL 437 November 29, 1995 PAGE 11 . . trade with another employee. Same day selection of vacation slots will not be available if the shift is at a minimum. 8.3.3 Vacation selections will begin December 1 st for the following calendar year, and each on duty employee will be provided up to one (1) shift to make his or her selections. 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. An employee may request vacation time during the calendar year, providing a vacation slot(s) is available and providing that the shift is not at a minimum on a same day selection. 8.3.4 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 and providing that the shift is not at a minimum on a same day selection. The canceled vacation slot shall be selected by lot one shift at a time. 8.4 MAXIMUM VACATION ACCRUAL: The maximum number of vacation accrual hours that any . employee shall be allowed to carry forward from one calendar year to the next is as follows: Years of , Continuous Emolovment Non-shift Personnel Maximum Balance Shift"personnel Maximum Balance o through Five (5) years More than Five (5) years 160 hours 240 hours 209.40 hours 314.10 hours 8.4.1 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, the excess hours shall be paid out in cash at the employee's straight time hourly rate, unless the City Council approves an extension of the time period beyond the end of the calendar year during which the employee must take all vacation hours which exceed the maximum allowable carryover. An employee who fails to request scheduled vacation time during the year and whose accrued vacation hours exceed the maximum carryover balance at the end of the calendar year shall forfeit such excess vacation hours. 8.5 SCHEDULE CHANGE BALANCE ADJUSTMENT: In the event an employee's normal hours of work are permanently 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. In the event an employee's normal hours of work are permanently changed from a shift COLLECTIVE BARGAINING AGREEMENT CITY OF BREMERTON IIAFF LOCAL 437 November 29, 1995 PAGE 12 . . schedule to a non-shift schedule, the employee's vacation hours upon the date of change shall be decreased as follows: Accrued Hours/1.5 = Employee's Vacation Balance. 8.6 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. 8.7 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 hours of such an 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 9.1.1 In addition,' any other holiday proclaimed by the federal or state government, provided that the City takes officiaLaction to have such holiday also observed by the City. 9.2 FLOATING HOLIDAY: Each employee shall be allowed one additional holiday to be observed by the employee on a day mutually agreeable to the employee and the Fire Chief. 9.3 HOLIDAY COMPENSATION FOR 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. 9.4 - HOLIDAY COMPENSATION FOR 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 vacation leave provisions set forth in Article 8. 9.5 SCHEDULE CHANGE BALANCE ADJUSTMENT: In the event an employee's normal hours of work are permanently changed from a non-shift schedule to a shift schedule, the COLLECTIVE BARGAINING AGREEMENT CITY OF BREMERTON IIAFF LOCAL 437 November 29, 1995 PAGE 13 . f"...",\,,'- >, . 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. In the event an employee's normal hours of work are permanently 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/1.5 = Employee's Vacation Balance. ARTICLE 10 ............ SICK LEAVE AND INDUSTRIAL DISABILITY 10.1 SICK LEAVE ACCRUAL: 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. The annual accrual for shift personnel will be five and one-quarter (5.25) hours per pay period. Partial pay periods will be pro-rated to the closest full hour. 10.2 SCHEDULE CHANGE BALANCE ADJUSTMENT: In the event an employee's normal hours of work are permanently 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. In the event an employee's normal hours of work are permanently 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/1.5 = Employee's Vacation Balance. 1 0.3 MAXIMUM SICK LEAVE ACCRUAL: . Non-shift personnel shall be able to accrue sick leave to a maximum of nine hundred sixty (960) hours. Shift personnel shall be able to accrue sick leave to a maximum of fourteen hundred forty (1440) hours. 10.4 SICK LEAVE INCENTIVE: 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. 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 he!" vacation leave balance at the beginning of the following calendar year. 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: COLLECTIVE BARGAINING AGREEMENT CITY OF BREMERTON IIAFF LOCAL 437 November 29, 1995 PAGE 14 . ,; , . .;' '-' . 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 hour to cover an employee's absence from his or her regularly scheduled work hours due to: 10.7.1 The temporary disability of an employee resulting from his or her personal illness or inJury. .10.7.2 . Providing careJoran employee's children under the age.of 18whenthey. have a health condition that requires supervision or treatment. 10.7.3 Attending medical; dental and/or oculist appointments as needed for preventive or rehabilitative health care of the employee or the employee's children when such care requires parental presence to supervise or authorize treatment. 10.7.4 Within a month of the birth or adoption of a child, an employee may use up to twenty- four (24) hours of accrued sick leave. 10.8 NOTIFICATION OF SICK LEAVE USE: An employee who is absent or expects to be absent from work due to causes specified in 10.7 above, shall provide notification as follows: 10.8.1 ROUTINE-ApPOINTMENTS: An employee who schedules a routine medical, dental or oculist appointment shall make every reasonable effort to schedule such an appointment at a time which will cause the least interference with the employee's work hours and duties. The employee shall give at least twenty four (24) hours prior notice of the date and time of the appointment to his or her immediate supervisor. An employee's immediate supervisor may request that the employee reschedule routine appointments when, in the judgment of the supervisor, the scheduled absence of the employee would COLLECTIVE BARGAINING AGREEMENT CITY OF BREMERTON IIAFF LOCAL 437 November 29,1995 PAGE 15 , ,'. ':. ,,: " . ''\.:-,,,",..' . 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. 10.8.2 UNANTICIPATED ABSENCE: An employee who is absent from work or who will be unable to report to work as scheduled due to personal illness or injury, or for other causes specified in 10.7 above, shall promptly notify the Department by telephone or otherwise by 0700 of the day of his or her on duty shift, and must make contact with on duty personnel. 10.8.3 SICK LEAVE DURING AUTHORIZED PAID LEAVE: An employee who becomes ill or is injured during the employee's paid vacation or compensatory time off may request the conversion of such paid leave to sick leave with pay by promptly notifying the Department of the illness or injury at the time of the illness or injury or as soon as is reasonably feasible and providing such information as is required by the Department to verify the appropriateness of such a conversion. 10.9 SICK LEAVE DOCUMENTATION AND ApPROVAL: An employee who has been absent on sick leave shall, within thirty-six (36) hours after returning to work, 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 rlature 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 certification by a professional physician that the employee is :sufficiently recovered as to be able to return to work without posing a health hazardto 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. 10.10 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 days for a non-shift employee or two shifts for a shift employee of sick leave with pay for each personal or work-related sick leave absence. In the event the employee's absence extends beyond six (6) days or two (2) shifts, the employee shall apply for disability benefits provided through LEOFF I. In the event 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. COLLECTIVE BARGAINING AGREEMENT CITY OF BREMERTON IIAFF LOCAL 437 November 29, 1995 PAGE 16 4: " ' . '. . :" ~..., . 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. 10.11 INDUSTRIAL DISABILITY LEAVE FOR LEOFF II AND REGULAR EMPLOYEES: An employee who qualifies for and is included in the Washington State Retirement System commonly referred to as "LEOFF II", and a regular employee 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 three (3) days of bereavement leave for attending funerals in the State of Washington and five (5) days for out of state funerals of members of the employee's immediate family. Immediate family shall be defined as spouse, child, stepchild, mother, father, mother/father in-law, brother, sister, bother/sister in-law, grandparents and grandchildren of both the employee and the employee's spouse. All time off for bereavement leave shall be charged against an employee's vacation/holiday, sick leave or compensatory time leave balance at the option of the employee. 11.2 JURY DuTY, WITNESS AND MILITARY DuTY LEAVE: An employee shall be granted leave of absence with pay for the purpose of reporting to jury duty or if subpoenaed as a witness in a case involving the City. Any juror or witness fees received by.the employee for the . performance of such duties shall be assigned to the City. A 'leave of absence with pay for a period not to exceed fifteen (1.5) working days for a non-shift employee and twenty- one (21) calendar days for a shift employee will be granted to an employee for the purpose of attending training as a member of the organized military reserves of the United States or of the State of Washington. 11.3 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. 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 employee contributions to the respective retirement system which is picked up by the City. COLLECTIVE BARGAINING AGREEMENT CITY OF BREMERTON IIAFF LOCAL 437 November 29, 1995 PAGE 17 .,',> . . 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. 13.2 The City will pay full premiums for employees, spouses and dependents. 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. 13.3 DENTAL INSURANCE: The City shall make the same level of benefits as are provided through Washington Dental Service Plan A 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: Employees who are covered by the Washington State .Retirement System commonly known as LEOFF II, shall enroll to receive Short Term Disability Insurance,' Long Term Disability Insurance and Life Insurance coverage through the provisions of pOlicies held by the City with' Standard Insurance Company. . The City shall pay a maximum of $20 per month per eligible and, enrolled employee toward premium costs of all such insurance policies. The remainder of all premium costs shall be borne by the enrolled employee and shall be paid to Standard Insurance Company through payroll deductions authorized by each enrolled employee. 13.5 INSURANCE RESERVES, REBATES AND SURPLUSES: The City shall require the KPS medical plan provider to provide a structured accounting to the City at 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. Premium increases shall be any increase over the 1994 levels. The Insurance Benefits Committee shall be comprised off the following members: Mayor or designee, Human Resources Manager or designee, Administrative Services Director or designee, one employee selected by the non-represented management and professional employees, and one individual selected by each of the COLLECTIVE BARGAINING AGREEMENT CITY OF BREMERTON IIAFF LOCAL 437 November 29, 1995 PAGE 18 . . recognized unions. The committee shall elect a chair and any other officers it deems appropriate. 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 required to wear a uniform pursuant to Fire Department regulations shall receive a uniform cleaning allowance of two hundred fifty ($250) dollars per year for uniform maintenance. The allowance shall be paid during the month of January. An employee hired subsequent to the first of the year shall receive a pro-rata cleaning allowance payment. In the event that the City secures a cleaning contract with an independent cleaning company, no uniform allowance will be paid to employees. 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 period commencing upon the initial date of a permanent promotional appointment during which a promoted employee who is unable to perform the duties of the higher level position shall be retumed to his or her previous classification at the time of 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". 15.1.4 LEOFF II EMPLOYEE: An employee who qualifies for and is a member of the Washington State Retirement System commonly known as "LEOFF II". COLLECTIVE BARGAINING AGREEMENT CITY OF BREMERTON IIAFF LOCAL 437 November 29, 1995 PAGE 19 . . 15.1.5 NON-SHIFT EMPLOYEE: An employee who is normally assigned to work forty (40) hours per week Monday through Friday. 15.1.6 SHIFT EMPLOYEE: An employee who is normally assigned to work on a 24-hour shift scheduled basis. 15.1.7 CYCLE: The consecutive calendar day period during which an employee is not scheduled to be on duty as the result of an assigned work schedule including a scheduled Kelly Day, approved paid leave and/or shift trade. 15.2 SENIORITY LIST: 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 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. 15.3 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. 15.4 PROBATIONARY EVALUATIONS: A written monthly evaluation shall; be given to each employee new to the' Department during his or her probationary period. The evaluation will be used to show an employee's progress and/or areas of deficiency in performing job functions. At a minimum, quarterly written evaluations will be given to promotional probationers. An employee shall be provided a reasonable time to correct deficiencies prior to termination of an original probationer, or reduction of a promotional probationer. A promotional probationer who is removed for inability to perform shall have displacement rights under Civil Service Layoff and Reduction rules; provided, however, the promotional probationer shall have the right to return to his or her former class regardless of whether a vacancy exists. Provided further, however, nothing in this section shall prohibit the City from terminating or demoting a promotional probationary employee for good cause in conformance with Civil Service Rules. 15.5 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 recommending steps the employee may take to improve his or her qualifications and skills for future promotional opportunities. 15.6 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. COLLECTIVE BARGAINING AGREEMENT CITY OF BREMERTON IIAFF LOCAL 437 November 29, 1995 PAGE 20 . . 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. 15.7 PARAMEDiC/FIREFIGHTER CERTIFICATION REQUIREMENT: An employee who is hired as a Paramedic/Firefighter shall be required to maintain his or her Paramedic Certification as a condition of employment. Upon completion of six (6) full years of employment as a Paramedic/Firefighter, an employee becomes 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 will 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 or her salary rate set at a Firefighter wage rate as of the effective date of the transfer. 15.8 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: 15.8.1 MAINTENANCE OF ELIGIBLE REGISTERS: Eligible registers for Fire Lieutenant and Fire Captain shall be maintained on a continuous basis irrespective of available vacancies. 15.8.2 SCHEDULING OF EXAMINATIONS: Whenever possible, promotional examinations'for Fire Lieutenant and Fire Captain will be conducted during the month, of September in alternate years. 15.8.3 EXAMINATION ANNOUNCEMENTS: Within five (5) calendar days of the request, the Fire Chief shall post in each station one copy of each request to Civil Service for creation of a promotional eligible list. 15.8.4 CRITERIA FOR OPEN EXAMINATIONS: Examinations will be conducted as promotional within the Fire Department unless less than three (3) qualified applications were received in which event the examination may be advertised as open. 15.8.5 CRITERIA FOR EXAMINATION CONTENT: Examinations shall include a written and oral portion and shall test for only the knowledge and abilities which are included in current classification specifications for the position being tested. 15.8.6 EXAMINATION SCORING: Examinations shall be scored as follows: All scores on examinations shall be rounded to the nearest one-tenth of a point. COLLECTIVE BARGAINING AGREEMENT CITY OF BREMERTON IIAFF LOCAL 437 November 29, 1995 PAGE 21 '<; , ',.> . . 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. 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 education achievements along with the panel's rating on performance in the oral and 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. 3. Experience Rating: Maximum of 10 Points Each applicant shall receive .5 (%) point for each full twelve (12) months of service with the Bremerton Fire Department upon the date the written examination is conducted to a maximum of 10 points. Periods of employment which are less than twelve (12) full months shall not be used in computing the experience rating. 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. 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. 6 . All offers, acceptances and declinations of employment for promotional positions only shall be made in writing. 7. During the life of this agreement the parties shall meet in a labor management forum to discuss the above language covering promotions. 15.9 Newly appointed Lieutenants shall: 1. complete Fire Command Administration core curriculum or equivalent within thirty (30) months of appointment to the rank of lieutenant, COLLECTIVE BARGAINING AGREEMENT CITY OF BREMERTON IIAFF LOCAL 437 November 29, 1995 PAGE 22 . . 2. or complete an officer development program as determined by the joint labor management committee. Exceptions shall be referred to the Labor Management Committee. The Employer shall reimburse the employee for tuition, books and lab fees. All materials purchased by the employer shall remain the property of the employer The employer shall make a reasonable effort to provide employees with time off work to attend classes. ARTICLE 16 ............ GRIEVANCE PROCEDURE 16.1 DEFINITIONS: 16.1.1 GRIEVANCE: A grievance is an allegation of a violation of the express terms and conditions of this Agreement which is to be resolved through this Grievance Procedure. 16.1.2 CIVIL SERVICE ApPEAL: An appeal is an allegation of a 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. 16.2 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) days of the date upon which toe 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 during this discussion. 16.3 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 immediate superior and/or the Fire Chief, whichever is appropriate, within fourteen (14) calendar days of the date the employee met with the employee's immediate supervisor. The supervisor's immediate superior and/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 immediate superior and/or Fire Chief, as appropriate, shall reduce his or her decision to writing and shall transmit the decision to the employee with a copy to the Union COLLECTIVE BARGAINING AGREEMENT CITY OF BREMERTON / IAFF LOCAL 437 November 29, 1995 PAGE 23 . . representative within fourteen (14) calendar days of meeting with the employee and the Union representative. 16.4 STEP 3: In the event that the immediate superior and/or Fire.Chief does not resolve the grievance to the satisfaction of the employee at Step 2 of this procedure, the Union shall, on behalf of the employee, transmit a copy of the original grievance along with a copy of the Fire Chiefs written response to the Human Resources Manager and the Mayor within fourteen (14) calendar days of receipt of the Fire Chiefs written response. The Human Resources Manager shall consider the grievance and may convene a meeting with the Union representative 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. 16.5 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 through a mutually agreeable process. 16.6 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 nor in any way otherwise alter nor 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. 16.7 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. 16.8 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. COLLECTIVE BARGAINING AGREEMENT CITY OF BREMERTON / IAFF LOCAL 437 November 29, 1995 PAGE 24 . . ARTICLE 17 ............ SEVERABILITY 17.1 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 18 ............ ENTIRE AGREEMENT 18.1 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 19 ............ CONFLICTING PROVISIONS 19..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 20 ............ DRUG FREE WORKPLACE 20.1 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. 20.2 The unlawful manufacturing distributing, dispensing, processing or using 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. 20.3 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. 20.4 PRESCRIPTION OR OVER-THE-COUNTER DRUG USE: The use of prescription and over-the- counter drugs which compromise safety in the work place or the quality of the employee's work product is prohibited. In the event an employee is using a prescription or over-the-counter drug, the employee will notify their immediate supervisor. COLLECTIVE BARGAINING AGREEMENT CITY OF BREMERTON IIAFF LOCAL 437 November 29, 1995 PAGE 25 . . 20.5 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. 20.6 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. 20.7 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 21' . . . . . . . . . . .. DEFERRED COMPENSATION 21.1 ' Effective January 1, 1997 the Employer shall match the payroll deduction of any written request by an employee covered by this Agreement, in an amount not to exceed fifty dollars ($50.00) per month. 21.2 Effective January 1, 1998 the Employer shall match the payroll deduction of any written , . requestby an employee covered by this Agreement, inan amount noUo exceed one hundred dollars ($100.00) per month. ARTICLE 22 .......:..... LABOR MANAGEMENT COMMITTEE 22.1 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 (%) of a Labor-Management Committee, the other half being no more than three (3) certain representatives 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 a 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. - 22.2 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. COLLECTIVE BARGAINING AGREEMENT CITY OF BREMERTON IIAFF LOCAL 437 November 29, 1995 PAGE 26 . . ARTICLE 23 ............ TEMPORARY FIREFIGHTER PROGRAM 23.1 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 24 ............ TERM 24.1 The terms of this Agreement shall be in effect upon January 1, 1996, unless otherwise provided within the terms of each Article, and shall remain in effect through December 31, 1 ~98. Negotiations for a successor agreement shall commence no later than August 1, 1998. 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 f'Tlt day of f) cC ,1995. IAFF LOCAL #437: /2& 4%v1 ' ~- President / Lynn Horton, Mayor COLLECTIVE BARGAINING AGREEMENT CITY OF BREMERTON / IAFF LOCAL 437 November 29, 1995 PAGE 27 PER LABOR CONTRACT, 7-1-96 RATES ADJUSTED BY 3% Per Labor Contract, Ave Shift HrslWk 50.65 Hrs EFFECTIVE JULY 11996 APPENDIX A ~~~~$!I~= _. c ~~l!~SE__I~~~:~p_ :E<'~~;Z ~",:~~:,pt;2T~::r~;~:r:1~~~~:~;s .....:~~::s. l;~~~SC:~~;~L ~:;~.. FIRE FIGHTER APPROX ANN 31,152 33,372 37,824 40,044 44,496 44,941 45,386 45,831 46,276 46,721 MONTHLY 2,596 2,781 3,152 3,337 3,708 3,745 3,782 3,819 3,856 3,893 SEMI-MO 1 ,298.00 1,390.50 1,576.00 1 ,668.50 1,854.00 1,872.54 1,891.08 1,!:Xkl.62 1 ,928.16 1 ,946.70 SHIFT HOURLY 11.83 12.67 14.36 15.20 16.89 17.06 17.23 17.40 17.57 17.74 . SHIFT OVERTIME 17.74 19.01 21.54 22.81 25.34 25.59 25.85 26.10 26.35 26.61 . __ _ _.~_. ____~__u __.. .___ ____ _____________.~__ .__ __________ _ ____.__________ ____ __________.___ ~_________ ______ _ - -- -- - --- --- - ---- _______.__n -- - -- - _on__ - -- -- --- . -. - - ------- - . - -~ ------..~._- -- --- --~----------------- APPROX ANN 32,400 34,704 39,324 41,652 46,272 46,735 47,197 47,600 48,123 48,586 MONTHLY 2,700 2,892 3,277 3,471 3,856 3,895 3,933 3,972 4,010 4,049 SEMI-MO 1 ,350.00 1,446.00 1,638.50 1 ,735.50 1 ,928.00 1 ,947.28 1,966.56 1,985.84 2,005.12 2,024.40 SHIFT HOURLY 12.30 13.18 14.93 15.81 17.57 17.74 17.92 18.10 18.27 18.45 .. __.__H_u______.___~~J:llFTO\lERIl~_E_ u____~.~ __ 19.76f--_.-1.2.4O _~_~~:Z~ ___..?(3.:3ej _.______~6.:6?__~6.88~_.?7.':14 27.41 27.67 PARAMEDIC/FIRE FIGHTER APPROX ANN 33,COO 35,460 40,188 42,552 47,256 47,729 48,201 48,674 49,146 49,619 FIRE FIGHTER MONTHLY 2,758 2,955 3,349 3,546 3,938 3,977 4,017 4,056 4,COO 4,135 Assigned to Fire Prevention SEMI-MO 1,379.00 1,477.50 1,674.50 1,773.00 1,969.00 1,988.69 2,008.38 2,028.07 2,047.76 2,067.45 NON-SHIFT HOURLY 15.91 17.a5 19.32 20.46 22.72 22.95 23.17 23.40 23.63 23.86 NON-SHIFT OVERTIME 23.87 25.57 28.98 30.69 34.08 34.42 34.76 35.10 35.44 35.78 SHIFT HOURLY 12.57 13.46 15.26 16.16 17.94 18.12 18.30 18.48 18.66 18.84 HUH ________.H_ _~_t:fIt=IO_Y.E:~1:Ir.A_E: __ ___ _J~:~______H:2Cl.?Q______ ~2:~ _. 24.23 J6};j1 __ .2?18. _____.)7.45 __ ___ _ 27.]2.__.___2Z'~n_ ___ ~f3:2~ FIRE LIEUTENANT APPROX ANN 49,968 49,968 49,968 49,968 49,968 50,468 50,967 51,467 51,967 52,466 MONTHLY 4,164 4,164 4,164 4,164 4,164 4,206 4,247 4,289 4,331 4,372 SEMI-MO 2,082.00 2,082.00 2,082.00 2,082.00 2,082.00 2,102.82 2,123.64 2,144.46 2,165.28 2,186.10 SHIFT HOURLY 18.97 18.97 18.97 18.97 18.97 19.16 19.35 19.54 19.73 19.92 SHIFT OVERTIME 28.46 28.46 28.46 28.46 28.46 28.74 29.03 29.31 29.60 29.88 ----- ._._-------_._---~-_._~-------~---- -------- ~-_._-- ----------~- -- -- FIRE CAPTAIN APPROXANN 53,064 53,064 53,064 53,064 53,064 53,595 54,125 54,656 55,187 55,717 CAPTAIN _ DEPUTY FIRE MARSHAL MONTHLY 4,422 4.422 4,422 4,422 4,422 4,466 4,510 4,555 4,599 4,643 CAPTAIN _ MEDICAL OFFICER SEMI-MO 2,211.00 2,211.00 2,211.00 2,211.00 2,211.00 2,233.11 2,255.22 2,277.33 2,299.44 2,321.55 NON-SHIFT HOURLY 25.51 25.51 25.51 25.51 25.51 25.77 26.02 26.28 26.53 26.79 NON-SHIFT OVERTIME 38.27 38.27 38.27 38.27 38.27 38.65 39.03 39.42 39.80 40.18 SHIFT HOURLY 20.15 20.15 20.15 20.15 20.15 . 20.35 20.55 20.75 20.95 21.15 SHIFT OVERTIME 30.22 30.22 30.22 30.22 30.22 30.52 30.83 31.13 31.43 31.73 FIRE FIGHTER Assigned to Equipment Maintenance or SCBA .. ''i e BREMERTON CITY COUNCIL AGENDA BILL e 1. SUBJECT: Labor Agreement by and between the City of Bremerton and the International Association of Fire Fighters Local 437, January 1, 1996 through December 31, 1998. FOR AGENDA OF: Dec. 6, 1995 ORIGINATING DEPT: Human Resources . ORIGINAT~~~im Meith DATE SUBMITTE;1 Nov. 30, 1995 2. CLEARANC (Comment on back if necessary) APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: COUNCIL PRESIDEN~-~ REOUIREMENT FOR COUNCIL ACTION: " CITY TTORNEY ENDORSEMENT 1j INFO~TION [] MAYOR ~,d. J.L 3. EXHIBITS: Labor Agreement 1996 - 1998 4. SUMMARY STATEMENT AND The attached Labor Agreement between the city of Bremerton and the International Association of Fire Fighters Local 437 has been negotiated pursuant to the provisions of RCW Chapter 41.56, the Public Employees Collective Bargaining Statute of the State of Washington, for the purpose of setting forth the wages, hours and working conditions which are to be in effect during the term of the agreement for all employees included in the bargaining unit which is represented by the Union. The attached agreement replaces the existing agreement, which will expire on December 31, 1995. 8. RECOMMENDATION: Approve the Labor Agreement by and between the City of Bremerton and the International Association of Fire Fighters Local 437 for the period of January 1, 1996 through December 31, 1998. 9. RESPONSIBLE OFFICIAL: Jim Meith, HR Manager ENFORCEMENT OFFICIAL: Jim Meith, HR Manager EXPIRATION DATE: December 31, 1998 REVIEW DATE: August 1997 10. NOTICE OF ACTION PULLED [] TABLED [] APPROVED r-DISAPPROVED [] AMENDED [] DATE: c ~ V--)\ ~ 'K- \,"",6U-~~~\ <\. ~~\.:,~tlVL__ ~ ~ ~ ? 11. AGENDA BILL NO.: COUNCIL DIRECTIVE: q:;- ;((0<+ (OVER) , . 2. CLEARANCE COMMENTS: e e 5. IMPACT OF NON-PASSAGE: The City and the International Association of Fire Fighters Local 437 will be at impasse and will need to invoke the mediation and potentially the interest arbitration provisions of RCW 41.56.440 and 4156.450. 6. IMPACT ON STAFFING. BUDGETS. FACILITIES. EOUIPMENT OR OTHER RESOURCES: Budgeted funds are included in the 1996 Budget. Staffing levels are not effected. 7. RESEARCH SOURCES: