HomeMy WebLinkAboutIAFF LOCAL 437, 1987-1988
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LABOR CONTRACT ADDENDUM 1
By and Between
City of Bremerton
and
International Association of Firefighters' Local 437
(Addendum to 1987-88 Labor Contract)
The City of Bremerton and IAFF Local 437 hereby agree to include
the Fire Prevention Specialist/Public Educator position in the
Local 437 Bargaining '~Uni t and have modif ied the contract to
reflect this addition. Articles 1, 2.1, 7.1, 12 and 19 have been
modified and Article 2.21a and Appendix Al have been added. It
is understood and agreed this position will be under the Public
Employees Retirement System and medical insurance will be
provided under AWC Plan B or, Group Health.
This addendum is effective upon authorized signatures.
AUTHENTICATION:
Signed this
~3
day of
(:) "",,-y___ ,_' 1988.
~
FOR THE CITY:
-~~~
~or Gene obe
THE UNION:
(ji:- ;rIE;de
Allison Duke, Vice Pres.
~",;,_c.rj fV) ~ ~J1/V\f~'1
Ronald McKiernan, .
Secretary-Treasurer
ATTEST:
~~~ ~(o.. --\61
Kathleen McCluskey, City C erK
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LABOR AGREEMENT BY AND BETWEEN
CITY OF BREMERTON
and
IAFF LOCAL 437
January 1, 1987 through December 31, 1988
ARTICLE 1 = PREAMBLE
This Agreement, made and entered into thio lot day of Juno, 1987,
July 1, 1987 and modified by Addendum 1, by and between the City
of Bremerton, a municipal corporation of the State of Washington,
hereinafter known as the Employer, and the International
Association of Firefighters, Local No. 437, hereinafter kno\'m as
the Union. The purpose of this Agreement is to set forth their
entire Agreement with regard to wages, hours and conditions of
employment.
ARTICLE 1 = RECOGNITION
2.1 Description of Unit - The Employer recognizes the Union as
the sole and exclusive bargaining representative for the purpose
of negotiations concerning wages, hours and conditions of
employement for all bargaining unit employees described as: All
non-supervisory uniformed firefighter employees of the City of
Bremerton, excluding elected officials, officials appointed for
fixed terms, confidential employees, and supervisors~ end all
u lh~L' ~1lI!-,luy~~~ u[ lh~ EJII!-,luY~L"
2.2 Definitions
2.2.1 Uniformed employee - Regular employees as defined in
RCW 41. 26.030.
2.2.1.a - Other reqular employees as aqreed to by the parties,
whose salary is outlined in Appendix Al.
2.2.2 Probation - A twelve-month period commencing upon the
initial date of hire as a full-time employee during which a new
employee may be discharged at the sole discretion of the
Employer, consistent with applicable Civil Service Rules and
Regulations, and without recourse to the grievance procedure.
2.2.3 Promotional probation - A twelve-month period commencing
upon the initial date of a permanent promotional appointment
during which a promoted uniformed employee may be returned to
his/her original classification.
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ARTICLE 4 - NON-DISCRIMINATION
4.1 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; lawful Union activity;
political or Union affiliation; or mental, physical or
sensory handicap, unless there is a bona fide occupational
qualification. The Union and the Employer shall each be
responsible for applying this provision of the Agreement.
4.1.1 Employees believing themselves to have been the
subject of unlawful discrimination shall seek relief through
the City's Affirmative Action Complaint ProceduLe or the
appropriate state or federal agency charged with
investigating such matters.
4.1.2 This provision of this Agreement shall not be subject
to the grievance procedure contained in this Agreement;
provided however, alleged discrimination for lawful Union
activity or Union affiliation may be processed through the
grievance procedure.
4.2 Gender terminology - The term "Employee" as used in this
Agreement includes both male and female employees covered by
this Agreement. In addition, wherever in this Agreement the
masculine gender is used, it is intended that it will apply
to the feminine gender as well.
ARTICLE 5 - NEGOTIATION PROCEDURES
The parties agree that negotiations will be conducted in
accordance with the provisions of RCW Chapter 41.56.
ARTICLE 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. Should
the Employer 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.
ARTICLE 7 - WAGES
7.1 Wages for members of the bargaining unit are set forth
in the attached schedule designated as Appendix A. and AI.
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is approved for. a period less than a full shift will be charged
against the employee's vacation balance on the basis of a full and
complete hour.
ARTICLE 11 - HOLIDAYS
11.1 Bargaining unit employees assigned to battalions working a
twenty four (24) hour shift shall receive eleven (11) additional
calendar days added into their annual leave in lieu of all
holidays. Accumulation and taking time off in lieu of holidays
shall be accomplished accordance with existing policy.
11.2 Bargaining unit employees working an eight (8) hour day
. shall receive the holiday off with pay. If the holiday falls on a
Saturday, they shall receive the preceding day off. If the
holiday falls on a Sunday, they shall receive the following day
off.
11.3 Holidays shall be as follows:
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
One Floating Holiday*
*Employee's choice with approval of the Chief of the
Fire Department or his designee
Employees shall also receive any other legal holiday
proclaimed by the Governor and/or the Mayor of the City of
Bremerton.
11.4 Holiday/Vacation Buy-back - At the employee's request,
and with approval of the Employer, an employee may cash out
accrued holiday or vacation time at the straight time hourly
wage.
ARTICLE 12 - LONGEVITY PAY
All bargaining unit personnel shall receive longevity pay in
accordance with the current wage and salary schedule as set
forth in Appendix AT and AI.
ARTICLE 13 - SHIFT EXCHANGES
Employees shall be given permission to exchange shifts when
the change does not interfere with the carrying out of the
duties and responsibilities of the employee in his particular
position. Such a determination shall normally be made by the
immediate superior officer of the employees concerned;
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18.4.1 LEOFF II employees unable to perform their normal
duties because of duty related injury or illness may be
assigned to alternative work as per 41.26, and the Washington
State Industrial Insurance Act.
18.4.2 The employee shall use sick leave up to the point
where 48 hours of sick leave remain. At that point the
Employer agrees to supplement the employee's time-loss
compensation such that the employee shall receive his
regular daily wage rate during the disability period,
provided that said supplement will not exceed six (6) months
in duration.
18.4.3 The parties agree to reopen this section for
negotiations in the event the Washington State Legislature
modifies the provisions of the LEOFF Act pertaining to LEOFF
employees.
18.5 It is understood LEOFF I employees shall use two (2)
shifts of sick leave then apply for LEOFF I disability. If
an employee is unable to return to his regularly assigned
duties he shall retire after six (6) months disability
period. Employees will not be allowed to use total
accumulated Sick Leave and Disability Leave. Disability
period is not to exceed six (6) months and two (2) shifts.
18.6 Sick leave shall not accrue during leaves of absences
without payor layoffs.
ARTICLE 19 - RETIREMENT SYSTEM
Employees shall be enrolled in the applicable Washington ~~ State
~fl~~~~~~flt-~~~~~-~n~-~~~~~ht~~ Retirement System.
ARTICLE 20 - PROMOTIONS AND VACANCIES
Personnel reductions, vacancies, and promotions shall be
handled in accord with existing Civil Service Rules ahd
Regulations.
ARTICLE 21 - SAVINGS CLAUSE
If any article of this Agreement shall be held invalid by
operation of law or by any tribunal of competent
jurisdiction, or if compliance or enforcement of any Article
should be restrained by such tribunal pending a final
determination as to its validity, the remainder of this
Agreement shall not be held invalid and will remain in full
force and effect. Both parties agree to immediately attempt
to renegotiate such invalidations to a form acceptable to
both parties.
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APPENDIX Al
WAGE RATES PER MONTH
(Article 7 - Waqes)
Position Classification
Monthlv
Waqe Rate
Fire Prevention Specialist/Public Educator I (years) -' $1500.00
Fire Prevention Specialist/Public Educator II 1585.00
Fire Prevention Specialist/Public Educator III 1670.00
Fire Prevention Specialist/Public Educator IV 1760.00
Fire Prevention Specialist/Public Educator V and over 1855.00
I
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ADDENDUM TO LABOR CONTRACT
WITH INTERNATIONAL ASSOCATION
OF FIREFIGHTERS' Local 437
BREMER TON CITY COUNCIL
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1."- SUBJECT:
FOR AGENDA OF:
ORIGINATING DEPT:
ORIGINATOR:
DATE SUBMITTED:
1-13-88
Personnel
D.E. Hiesta
1-06-88
~=a......................................................__........................_............
2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS:
City Attorney
Fire Chief
Addendum 1
Labor Contract
ENDORSEMENT L::7 INFORMATION L::l
. MAYOR ~~;;
:==.........-'......................a................................................
APPROVED BY COUNCIL P
COUNCIL PRESIDENT
4. s
ATEMENT AND RE UIREMENT FOR COUNCIL ACTION:
At the request of Fire Chief Leonard Marks, a part-time regular position
for a Fire Prevention Specialist/Public Educator has' been established and
approved in the 1988 Budget. The position will be part of the Firefighters
bargaining unit, necessitating changes to the contract to include th~
f th 't d establJ.'shJ.'ng wages and benefits for the
position as part 0 e unJ. an
1 12 d 19 h been modified. Article
position. Articles 1, 2.1, 7., an ave
2.21a and Appendix AI. have been added to the current labor contract.
8. RECOMMENDATION:
That City Council authorize Mayor Gene Lobe execute the Addendum to
Firefi~hters' Local 437 Labor Agreement.
~-==...a...___...__..._...._._.._.._.._.==.~._&_=.._==m=-=_..2.=a........__c...........a......E=
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
D.E. Hiestan
. Hiestand
Indefinite
12-31-88
10. NOTICE OF ACTION
PULLED L::7 TABLED L::7 APPROVED lK1 DISAPPROVED DAMENDED 0 DATE: JAN 13 1988
(OUNal ~~~.rl;;~r';~
COUNCIL DIRECTIVE:.-...I\lICft Cr r-... ~\~~ (\ "~..~..~'~lr.'?'~;,~;;:;~t'i~I~""
~~"...., ........ r'\ ~-f>.~~~"~..",,
~.... <:."''','''~''' (~ ~.. >....: -. "'""-.. \
~t~~\-,--~ - ~~~ J
AGENDA PREPARATION & USE INSTRUCTIONS
~efer to Policy & Procedure Manual
General Administration #2-4
11. AGENDA BILL NO.: c:;- V - () I 2.,
(OVER)
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). IMPACT OF NON-PASSAGE:
Authorized position would remain unfilled until an agreement- could be
reached.
\
J. fMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES:
Part-time position was authorized in 1987 Budget and has been filled
on a temporary basis pending establishment of a Civil Service position
and negotiating labor conditions. It is approved in the 1988 Budget
as a half-time regular position. No further allocation of funds is
needed.
kESEARCH SOURCES:
1987 Budget Document.
1988 Budget.
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LABOR AGREEMENT
by and between
CITY OF BREMERTON
and
IAFF LOCAL 437
~ ~-\-A~~ \~"('
January 1, 1987 through December 31, 1988
1
Article
1.
2. .
3 .
4..
5.
6 . .
7..
8..
9 .
10..
1I.
1 2 . . . . . .
13.
14.
15..
16..
17.
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TABLE OF CONTENTS
Title
........Preamble.....
.......Recognition.
.Union Security.
.......Non-Discrimination.......
.Negotiation Procedures.
. .Rights and. Privileges...........
. . Wages. . . . . . . . . .
Page
....3
. . . 3
. . . . . . . . . 4
.....5
..5
. . .5
.......5
......6
....8
.....8
.9
. . . . . . . . . . . . . . . . 9
.......9
. . . . . . . . .10
...10
. . . . . . . .12
..Hours of Work & Overtime..............
.Seniority List.........
..Vacations..
..Holidays.........
.Longevity Pay.
.Shift Exchanges.
..Clothing & Uniform Cleaning Allowance..
...Grievance Procedure......
..Insurance...........
.Labor Management Medical Cost Containment
Blue Ribbon Panel......
.Terminal & Sick Leave..
.Retirement System.......
.......Promotions & Vacancies.
..Savings Clause...
...Entire Agreement.
..Term of Agreement..
A.....Wage Rates Per Month.
B. .Municipal Code Chapter 2.40......
18......
19......
20. .
2I.
22..
23.
App.
App.
2
...13
. . . . . . . . . . . .13
. . . . . . .14
.. ..14
.. ..14
. . . . . . . .15
. . . . . .15
. . . . . . . . .16
. . . . . . .17
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LABOR AGREEMENT BY AND BETWEEN
CITY OF BREMERTON
and
IAFF LOCAL 437
January 1, 1987 through December 31, 1988
ARTICLE 1 - PREAMBLE
This Agreement, made and entered into this ____ day of June,
1987, by and between the City of Bremerton, a municipal
corporation of the State of Washington, hereinafter known as
the Employer, and the International Association of
Firefighters, Local No. 437, hereinafter known as the Union.
The purpose of this Agreement is to set forth their entire
Agreement with regard to wages, hours and conditions of
employment.
ARTICLE 2 - RECOGNITION
2.1 Description of unit - The Employer recognizes the Union
as the sole and exclusive bargaining representative for the
purpose of negotiations concerning wages, hours and
conditions of employment for all bargaining unit employees
described as: All non-supervisory uniformed firefighter
employees of the City of Bremerton, excluding elected
officials, officials appointed for fixed terms, confidential
employees, supervisors and all other employees of the
Employer.
2.2 Definitions
2.2.1 Uniformed employee - Regular employees as defined in
RCW 41.26.030.
2.2.2 Probation - a twelve-month period commencing upon the
initial date of hire as a full-time employee during which a
new employee may be discharged at the sole discretion of the
Employer, consistent with applicable Civil Service Rules and
Regulations, and without recourse to the grievance procedure.
2.2.3 Promotional probation - a twelve-month period
commencing upon the initial date of a permanent promotional
appointment during which a promoted uniformed employee may be
returned to his/her original classification.
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ARTICLE 3 - UNION SECURITY
3.1 Dues Checkoff - The Employer agrees to deduct, once a
month~ion dues and initiation fees uniformly required of
membership from the pay of those employees who request in
writing that such deductions be made. The total amount of
these deductions shall be remitted by the Employer to the
Treasurer of the Union. This authorization shall remain in
force during the term of this Agreement, unless revoked in
writing by the employee upon request to the Employer and the
Union so notified. .
3.1.1 Employees refusing to join the Union, or, who for
bonafide religious tenents or teachings of a church or
religious body are forbidden from joining a Union shall
contribute an amount equivalent to regular Union dues and
initiation fees to a non-religious charity or to another
charitable organization mutually agreed upon by the Employer
and the Union to which such employee would otherwise pay the
regular monthly dues. The employee shall furnish written
proof to the Union and the Employer that such payment has
been made.
3.1.2 The Union agrees to defend, indemnify, and hold the
Employer harmless against any and all claims, suits, or
judgments brought or issued against the Employer as a result
or any action taken or not taken by the Employer for the
lawful administration of this Article.
3.2 Conduct of Union Business - No Union member or officer
shall conduct-any Union business on Employer time or Employer
premises unless authorized by the Fire Chief.
3.3 Union Representatives - The Union agrees to notify the
Employer in writing of the duly accredited representatives of
the Union immediately upon their election or appointment.
3.3.1 The Employer will permit duly authorized
representatives reasonable access to the Employer's premises
provided such representatives restrict their activities to
the handling of grievances and other legitimate Union
business, but only to the extent as does not neglect, retard,
or interfere with the work and duties of the Union
representatives or effected employees.
3.4 Union Bulletin Board - The Employer 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 occassions and similar Union notices, letters, and
memoranda. All material shall be signed by an officer of the
Union. The Union will limit the posting of any material on
the Employer's premises to its bulletin boards.
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ARTICLE 4 - NON-DISCRIMINATION
4.1 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~ lawful Union activity~
political or union affiliation~ or mental, physical or
sensory handicap, unless there is a bona fide occupational
qualification. The Union and the Employer shall each be
responsible for applying this provision of the Agreement.
4.1.1 Employees believing themselves to have been the
subject of unlawful discrimination shall seek relief through
the City's Affirmative Action Complaint Procedure or the
appropriate state or federal agency charged with
investigating such matters.
4.1.2 This provision of ~his Agreement shall not be subject
to the grievance procedur~ contained in this Agreement~
provided however, alleged discrimination for lawful Union
activity or Union affiliation may be processed through the
grievance procedure.
4.2 Gender terminology - The term "Employee" as used in this
Agreement includes both male and female employees covered by
this Agreement. In addition, wherever in this Agreement the
masculine gender is used, it is intended that it will apply
to the feminine gender as well.
ARTICLE 5 - NEGOTIATION PROCEDURES
The parties agree that negotiations will be conducted in
accordance with the provisions of RCW Chapter 41.56.
ARTICLE 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. Should
the Employer 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.
ARTICLE 7 - WAGES
7.1 Wages for members of the bargaining unit are set forth
in the attached schedule designated as Appendix A.
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7.2 Employees assigned as Paramedics shall receive $200.00
per month in addition to their regular rate of pay for the
time they are assigned to perform those duties.
7.3 Employees assigned to Equipment Maintenance shall
receive $100.00 per month in addition to their regular rate
of pay for the time they are assigned to perform those
duties.
7.4 Employees assigned to Fire Prevention duties shall
receive $125.00 per month in addition to their regular rate
of pay for the time they are assigned to perform those
duties.
7.5 Employees holding valid EMT I Certification shall
receive $40.00 per month in addition to their regular rate of
pay; provided, however, Paramedics shall not be eligible to
receive this pay.
7.6 Acting Lieutenants shall be selected from Promotional
Registers (if available). In the event there is no
Promotional Register, the Chief or his designee shall offer
by seniority the Acting Lieutenant position. The bonus pay
shall be two (2) hours of overtime pay for a twenty four (24)
hour shift or majority thereof.
7.7 To the extent permitted by RCW 42.04.440, the Employer
will treat its retirement contribution so as to exclude the
same from gross wages for Federal Income Tax purposes to be
effective forty five (45) days after the signing of this
Agreement.
7.8 Advancement from Firefighter I through Firefighter V
will occur in annual steps effective on the day immediately
following the employee's anniversary date of his last wage
classification placement. In the event an employee is on
approved leave of absence without pay, the employee's
anniversary date will be extended by the actual number of
days the employee served in the leave of absence status.
ARTICLE 8 - HOURS OF WORK AND OVERTIME
8.1 Pursuant to Ordinance No. 1813, employees covered by
this Agreement shall work such shifts as may be assigned from
time to time by the Fire Chief or his designee and shall be
subject to callback in any emergency while off duty.
8.2 The normal hours of duty for 24-hour shift personnel
shall be an annual average 52.32 hours per week, exclusive of
emergencies, with one (1) Kelly day each 15th work shift.
8.3 In order to maintain the minimum on-duty strength as
required by the Fire Department regulations, overtime shall
be paid when required for that purpose at a rate of one and
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one-half (1 1/2) times the regular hourly wage. The regular
straight time hourly wage shall be computed as follows:
Monthly salary* X 12
52 X 52.32 hours
= Straight-time
Hourly wage
*Monthly salary means the applicable monthly rate in Appendix
A, including longevity pay, paramedic pay, EMT pay,
equipment maintenance pay and fire prevention pay as
applicable.
8.4 If an employee is called back to duty or held over after
the expiration of his normal duty shift in order to maintain
on-duty strength, or who makes court or other subpoenaed
appearances on behalf of the Employer while off duty, such
employee shall be guaranteed at least two (2) hours duty at
the overtime rate of one and one-half (1 1/2) times his
regular hourly wage.
8.5 The rotation for overtime shall be maintained from the
seniority list kept by the Fire Department office. This
record shall show the date of call and response for each
person called as to whether it was refused, on duty, no
answer, sickness or vacation. If an employee refuses
overtime, he will automatically be passed by until a complete
cycle of the seniority list has been made.
8.6 Employees assigned as Paramedics and EMT's who are
required to attend training classes, on off-duty hours, to
maintain proper paramedic and EMT certification will be
compensated at the rate of overtime of one and one-half (1
1/2) times his regular hourly wage. Attendance at said
training sessions will require advance approval by the Chief
or his designee.
8.7 EMT Instructors and SCBA Repairpersons shall be paid at
the overtime rate of pay for any off-duty time required by
the Employer in the performance of these duties.
8.8 When a Chief Officer is assigned to and serves as Duty
Chief on call, for a period of seven (7) days, he shall
receive eight (8) hours of overtime compensation.
When an employee is assigned to and serves as Fire Inspector
on call, for a period of seven (7) days, he shall receive
eight (8) hours of overtime compensation.
8.8.1 If any of the ten (10) recognized holidays occur
during an assignment period, said Officer or Inspector shall
receive an additional two (2) hours of overtime commpen~ation
for the holiday during the seven (7) day period.
8.9 Employees may accrue up to a maximum of 240 hours of
compensatory time. Compensatory time, in lieu of cash
payment for overtime, shall be at the employee's selection
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and may be taken in time off by mutual agreement of the
employee and the Employer.
8.9.1 At the employee's request, and with the approval of
the Employer, accrued compensatory time shall be converted to
cash payment at the employee's regular rate of pay.
ARTICLE 9 - SENIORITY LIST
The Employer shall establish a seniority list of all bargaining
unit personnel and it shall be brought up to date on January 1 of
each year and immediately posted on the bulletin board in all
stations. All longevity steps and vacation shall be assigned
according to the current seniority list. Any objection to the
seniority list as posted shall be reported to the administrative
officer of the Fire Department and proper corrections made, if
necessary.
ARTICLE 10 - VACATIONS
10.1 As provided by Ordinance No. 1813 (as amended), Annual
vacations with pay shall be earned by eligible employees at
the rates stated below:
Years of Continuous Days Accrued/Year Days Accrued/Year
Employment ( 8-hour shift people) (24-hour shift people)
1st - 5th year 13 working days 18 calendar days
6th year 15 working days 21 calendar days
7th year 16 working days 22 2/5 calendar days
8th year 17 working days 23 4/5 calendar days
9th year 18 working days 25 1/5 calendar days
10th year 19 working days 26 3/5 calendar days
11th year 20 working days 28 calendar days
12th year 21 working days 29 2/5 calendar days
13th year 22 working days 30 4/5 calendar days
14th year 23 working days 32 1/5 calendar days
15th year 24 working days 33 3/5 calendar days
16th year 25 working days 35 calendar days
17th year and after 26 working days 36 calendar days
10.2 Accrual of vacation shall commence from the date of original
employment, but vacation leave shall not be available for use
until after six (6) months of continuous service. If any employee
resigns and/or is discharged before completion of the six (6)
months' period, any accrued vacation shall be. forfeited.
10.3 Annual vacation leave shall be authorized by the Chief of the
Fire Department or his designee at such time as will least
interfere with the functions of the Fire Department but with due
consideration and regard to department seniority. Employees may
be allowed to take vacation for a period less than a full shift,
subject to the provisions of this section. Any vacation time that
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is approved for a period less than a full shift will be charged
against the employee's vacation balance on the basis of a full and
complete hour.
ARTICLE 11 - HOLIDAYS
11.1 Bargaining unit employees assigned to battalions working a
twenty four (24) hour shift shall receive eleven (11) additional
calendar days added into their annual leave in lieu of all
holidays. Accumulation and taking time off in lieu of holidays
shall be accomplished accordance with existing policy.
11.2 Bargaining unit employees working an eight (8) hour day
shall receive the holiday off with pay. If the holiday falls on a
Saturday, they shall receive the preceding day off. If the
holiday falls on a Sunday, they shall receive the following day
off.
11.3 Holidays shall be as follows:
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
One Floating Holiday*
*Employee's choice with approval of the Chief of the
Fire Department or his designee
Employees shall also receive any other legal holiday
proclaimed by the Governor and/or the Mayor of the City of
Bremerton.
11.4 Holiday/Vacation Buy-back - At the employee's request,
and with approval of the Employer, an employee may cash out
accrued holiday or vacation time at the straight time hourly
wage.
ARTICLE 12 - LONGEVITY PAY
All bargaining unit personnel shall receive longevity pay iri
accordance with the current wage and salary schedule as set
forth in Appendix A.
ARTICLE 13 - SHIFT EXCHANGES
Employees shall be given permission to exchange shifts when
the change does not interfere with the carrying out of the
duties and responsibilities Df the employee in his particular
position. Such a determination shall normally be made by the
immediate superior officer of the employees concerned;
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provided nothing herein shall be construed as a waiver of the
Fire Chief's right to exercise independent judgment as to
whether or not the determination made by the immediate
superior officer interferes with the duties and
responsibilities of the employees concerned.
ARTICLE 14 - CLOTHING AND UNIFORM CLEANING ALLOWANCE
14.1 Guideline - The Employer shall establish a clothing
allowance fund for the Department. Each bargaining unit
employee shall be granted full expenses for uniforms that are
required by Department regulations. Uniforms for all
personnel will be replaced on an "as needed" basis from the
clothing allowan~e fund, as determined by the Department
administrative office. All uniforms so purchased will remain
the property of the Employer~ Discarded/worn out uniforms
shall be returned to the Dep~rtment prior to replacement for
surplus disposal.
14.2 Uniform Maintenance Allowance - Uniformed personnel
shall receive a uniform cleaning allowance of two hundred
fifty dollars ($250.00) per year pro-rata. Such allowance
shall be payable in the amount of two hundred fifty dollars
($250.00) pro-rata on or before the end of January.
14.2.1 It is further agreed between the parties that in the
event the Employer secures a cleaning contract with an
independent cleaning company, 14.2 above will become null and
void.
ARTICLE 15 - GRIEVANCE PROCEDURE
15.1 For the purpose of this Agreement the term "grievance"
is defined as an incorrect interpretation or application of
the terms of this Agreement. The following procedure shall
apply to the resolution of all grievances which are not
otherwise resolved.
Any complaint alleging violation of the Civil Service Rules
will be submitted to the Civil Service Commission for
resolution.
15.2 Step 1 - The grievance shall be reduced to written form
by the aggrIeved employee stating the section of the
Agreement violated, an explanation of the grievance in
detail, and the remedy sought. The employee shall present
the written grievance to the Fire Department Chief or his
designee within fourteen (14) calendar days of when the
aggrieved employee knew or should have known of the occurence
of the action giving rise to the grievance. The Chief or his
designee shall convene a meeting with the appropriate Union
representative and/or employee within fourteen (14) calendar
days after the receipt of the written grievance for the
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purpose of resolving the matter. The Chief or his designee
shall transmit a copy of this decision to the Union within
fourteen (14) calendar days after the grievance is first
submitted to him.
15.3 Step 2 - Should the grievance remain unresolved after the
Step 1 meetIng, the Union, representing the employee, shall
transmit the grievance in writing to the Mayor within
fourteen (14) calendar days after the Step 1 decision of the
Employer is announced. The Mayor shall consider the
grievance and may convene a meeting with the Union
representing the employee in a further effort to resolve the
matter. The Mayor shall transmit a copy of his decision to
the Union within fourteen (14) calendar days after the
grievance is first submitted to him.
15.4 Step 3 - Arbitration -,Should the grievance remain
unresolved after the Mayor's Jaecision in Step 2, either party
may request binding arbitration by notifying the other party
of their intent to do so. Each party shall appoint a
partisan arbitrator. Said arbitrators shall meet within
fourteen (14) calendar days from the notice of intent to
submit the issue to binding arbitration and attempt to agree
on the neutral arbitrator. In the event no agreement has
been reached on the selection of an arbitrator within
fourteen (14) calendar days from the receipt of the request
for arbitration, the American Arbitration Association, or any'
other mutually agreem upon source, shall be requested to
submit a list of seven (7) qualified arbitrators from which
list the arbitrator shall be selected by the parties
alternately striking one name from the list until only one
name shall remain. A hearing shall be conducted by the
arbitrator as soon thereafter as is practicable.
15.4.1 Conduct of Hearings - All meetings and hearings
under this procedure shall be kept imformal and private and
shall include only such parties in interest and/or designated
representatives.
15.4.2 Costs of Arbitration - Expenses and compensation for
the arbitrator's services and proceedings shall be borne
equally by the parties. However, each party shall be
completely responsible for all costs of preparing and
presenting its own case. If either party desires a record of
the proceedings, it shall solely bear the cost of such
record.
15.4.3 Election of Remedies - It is specifically and
expressly understood and agreed that taking a grievance
appeal to arbitration constitutes an election of remedies and
a waiver of any and all rights by the appealing employee, the
Union, and all persons it represents to litigate or otherwise
contest the appealed subject matter in any court or other
available forum. Likewise, litigation or any other contest
of the subject matter in any court or other available forum
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shall constitute an election of remedies and a waiver of the
right to pursue the matter through the grievance procedure.
15.4.4 Lack of Jurisdiction - In the event th~ Arbitrator
finds that he7She has no authority or power to rule in the
case, the matter shall be referred back to the parties
without decision or recommendation on the merits of the case.
15.5 Time Limits - Time limits referred to in this Article
must be strictly adhered to, but may be waived by mutual
agreement in writing. It is the intent of the parties that
all procedures set forth herein shall be complied with as
expeditiously as practicable.
ARTICLE 16 - INSURANCE
16.1 Medical - Medical coverage for employees shall be provided in
accordance with the laws of th~ State of Washington.
o
16.1.1 The Employer shall pay the full cost of the monthly
premium to provide group medical insurance coverage through
the Association of Washington Cities Group Medical Plan for
dependents of full-time, active, eligible employees.
16.1.2 Effective October 1, 1987, dependents of full-time,
active, eligible employees shall be covered by the
Association of Washington Cities Group Medical Plan B, or a
comprehensive alternative, as determined by the bargaining
unit. In the event that any alternative to Plan B is
selected, the Employer's contribution to the premium payment
shall not exceed the cost of the AWC Plan B premium.
.16.2 Dental - The Employer shall pay the full cost of the
monthly premium to provide group dental insurance coverage
through the Association of Washington Dental Plan for full-
time, active, eligible employees.
16.2.1 The Employer shall pay the full cost of the monthly
premium to provide group dental insurance coverage through
the Association of Washington Cities Group Dental Plan for
dependents of full-time, active, eligible employees.
16.3 Disability and Life - The Employer shall make available
to the LEOFF II Firefighters a Group Long Term Disability
(LTD) and Life Insurance policy and agrees to pay a maximum
contribution to the policy of $10.00 per month per member.
16.3.1 Effective Octob~r 1, 1987, the Employer shall pay a
maximum of $17.00 per member per month for LEOFF II
Firefighters' LTD and Life Insurance policy premiums.
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ARTICLE 17 - LABOR MANAGEMENT MEDICAL COST CONTAINMENT
BLUE RIBBON PANEL
For the duration of this Agreement there shall be established
a Health Care panel to consist of Union Representatives,
appointed by each Union representing City employees and an
equal number of Employer representatives. Representatives
may be selected within or outside the City structure in
order to provide a balance of expertise and contribution.
The purpose of this panel is to meet quarterly and review,
survey, discuss, and study future possible medical care cost-
containment strategies and Wellness Program activities.
Their efforts will be non-binding and solely for the purpose
of exploring medical care cost-containment techniques and
Wellness Program direction beneficial to both the Employer
and the employee.
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ARTICLE 18 - TERMINAL AND SICK LEAVE
18.1 The Employer agrees to amend Ordinance No. 1813 to
state that accrued vacation leave shall be paid in lump sum
upon retirement/separation. In the event an employee has
been granted an approved disability retirement from the
Firefighter Pension Board, the Employer agrees to pay the
employee his or her total accrued vacation hours that have
been accumulated as of the effective date of the disability
retirement. Any employee separated from employment for cause
shall forfeit any such benefits.
18.2 Upon retirement an employee shall be paid thirty-five
percent (35%) of up to the following maximum amounts:
a) For employees working a regular schedule of 2080
hours per year, the total maximum payout equalling 35% of 960
hours, or 336 hours, will be granted.
b) For employees working a regular schedule of 2720
hours per year a maximum payment equalling 35% of 1260 hours,
or 441 hours, will be granted.
18.3 The established city practice governing sick leave
accumulation for employees assigned to twenty-four hour
shifts will be administered pursuant to the attached
amendments to City Ordinance No. 1813. (Appendix B)
18.4 Any employee who is classified as a LEOFF II employee
pursuant to Chapter 41.26 RCW that incurs an injury while
performing his responsibilities on duty will be allowed to
apply accrued sick leave pay to his approved time-loss
compensation as provided by the laws governing Workman's
Compensation time-loss benefits, provided, such payment will
not exceed the employees regular rate of his daily wage.
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18.4.1 LEOFF II employees unable to perform their normal
duties because of duty related injury or illness may be
assigned to alternative work as per 41.26, and the Washington
State Industrial Insurance Act.
18.4.2 The employee shall use sick leave up to the point
where 48 hours of sick leave remain. At that point the
Employer agrees to supplement the employee's time-loss
compensation such that the employee shall receive his
regular daily wage rate during the disability period,
provided that said supplement will not exceed six (6) months
in duration.
18.4.3 The parties agree to reopen this section for
negotiations in the event the Washington State Legislature
modifies the provisions of the LEOFF Act pertaining to LEOFF
employees.
18.5 It is understood LEOFF I employees shall use two (2)
shifts of sick leave then apply for LEOFF I disability. If
an employee is unable to return to his regularly assigned
duties he shall retire after six (6) months disability
period. Employees will not be allowed to use total
accumulated Sick Leave and Disability Leave. Disability
period is not to exceed six (6) months and two (2) shifts.
18.6 Sick leave shall not accrue during leaves of absences
without payor layoffs.
ARTICLE 19 - RETIREMENT SYSTEM
Employees shall be enrolled in the applicable Washington Law
Enforcement Officers and Firefighters Retirement System.
ARTICLE 20 - PROMOTIONS AND VACANCIES
Personnel reductions, vacancies, and promotions shall be
handled in accord with existing Civil Service Rules and
Regulations.
ARTICLE 21 - SAVINGS CLAUSE
If any article of this Agreement shall be held invalid by
operation of law or by any tribunal of competent
jurisdiction, or if compliance or enforcement of any Article
should be restrained by such tribunal pending a final
determination as to its va1idity, the remainder of this
Agreement shall not be held invalid and will remain in full
force and effect. Both parties agree to immediately attempt
to renegotiate such invalidations to a form acceptable to
both parties.
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ARTICLE 22 - ENTIRE AGREEMENT
The parties to this Agreement 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 Employer 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 23 - TERM OF AGREEMENT
The terms of this Agreement shal) be in effect January 1,
1987, and shall remain in effect\up to and including December
31, 1988.
APPROVED AND RATIFIED BY THE CITY COUNCIL THIS
, 1987.
day of
CITY OF BREMERTON:
IAFF LOCAL # 437:
~o<fg
~e Lobe, Mayor
~.~
Ra . , President.
ATTEST:
/)&:::u~!::ce
Pres.
,"'-~ ~~~
Kathy McCluskey, City Clerk
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APPENDIX A
WAGE RATES PER MONTH
(Article 7 - Wages)
Position Classification
Monthly Wage Rate
1/1/87 6/1/87
1946.27 1994.92
2060.05 2111.55
2159.45 2213.44
2260.12 2316.62
2427.97 2488.67
2937.33 3010.76
2731.17 2799.45
Firefighter I (years)
Firefighter II
Firefighter III
Firefighter IV
Firefighter V & Over
Medical Officer
Lieutenant
Effective July 1, 1988, the above wage rates (6/1/87) shall
be increased by ninety percent (90%) of the Seattle CPI-W
(1988 mid-year annual rate) with a 3.0% minimum and a 6.0%
maximum.
LONGEVITY SCALE
Longevity pay, which is a rate of pay based on the length of
service with the Employer, shall be calculated on the
individual employee's monthly base wage rate and shall be
paid monthly in addition to base pay as follows:
Length of Continuous Service
Rate Per Ho.ur
o through 5 years continuous employment
Commencing 6 years through 10 years
continuous employment
Commencing 11 years through 15 years
continuous employment
Commencing 16 years through 20 years
continuous employment
Commencing 21 years through 25 years
continuous employment
Commencing 26 years and over
continuous employment
0%
1%
2%
3%
4%
5%
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APPENDIX B
Bremerton Municipal Code
Chapter 2.40 - Employees - Hours, Vacations, Sick Leave
Section 2.40.100 Sick Leave
B.1 Sick leave will be earned and accrued with each hour of
authorized paid leave and (recorded) regular work and will be
granted with pay to all employees in the classified civil
service as follows:
(1) Annual Accrual Rate: The formula that will be used in
computing sick leave for all employees will be: Annual Sick
Leave equals .0462 hours times the employee's regular hours
worked per year.
(a) For employees working a~egular schedule of 2080
hours per year sick leave will accrue at a rate of 96 hours
per year.
(b) For employees working a regular schedule of 2720
hours per year sick leave will accrue at a rate of 126 hours
per year.
(c) When an employee's work schedule is changed from
2080 hours per year to 2720 hours per year, or from 2720
hours to 2080 hours per yer, the employee's sick leave
account will be increased (or decreased) by the amount of
sick leave hours the employee would have (or would not have)
accrued consistent with the appropriate work schedule. For
example, if an employee worked five years on a 2080 work
schedule and was subsequently transferred to a 2720 work
schedule, the employee's sick leave account will be increased
by 150 sick leave hours; conversely, the employee's sick
leave account will be decreased by 150 hours if the employee
changed from a 2720 hourly work schedule to a 2080 work
schedule.
(2) Maximum Accrual Rate: Sick leave will be earned and
accrued up to the following total maximum amounts:
(a) For employees working a regular schedule of 2080
hours per year, the total maximum sick leave accrual will be
960 hours.
(b) For employees working a regular schedule of 2720
hours per year, the total maximum sick leave accrual will be
1260 hours.
(3) Sick Leave Retirement Payment: Upon retirement from the
Cityanemployee WIll be entJtled to be paid for accumulated
sick leave as follows:
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(a) For employees working a regular schedule of 2080
hours per year a maximum payment equalling 35% of 960 hours,
or 336 hours, will be granted.
(b) For employees working a regular schedule of 2720
hours per year a maximum payment equalling 35% of 1260 hours,
or 441 hours, will be granted.
(c) Sick leave retirement payment will be based upon
the employee's regular hourly wage rate in effect at the time
of retirement.
(d) In the.event of the death of an employee the
estate shall be paid for the total of the employee's
accumulated sick leave up to 960 hours if the employee worked
a regular schedule of 2080 hours per year or up to 1260 hours
if the employee worked a regular schedule of 2720 hours per
year.
(e) To be eligible for a sick leave retirement payment
the employee must have sufficient credited service to be
vested in the appropriate retirement system at the time of
employment separation.
(4) Sick Leave Conversion Formula: Sick leave hours will be
converted to vacation leave hours according to the following
schedule:
(a) Employees who work a regular schedule of 2080
hours: Beginning with the sixth year of City employment,
each year in which thirty-two hours or less sick leave is
taken, eight hours shall be added to the employee's vacation
leave.
(b) Employees who work a regular schedule of 2720
hours: Beginning with the sixth year of City employment,
each year- in which 44.70 hours or less sick leave is taken
7.45 hours shall be added to the employee's vacation leave.
B.2 In the event an employee's normal work schedule changes,
vacation, holiday leave and compensatory time shall be
converted at the same rate as sick leave conversion described
under (1) (c) above.
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MEMORANDUM OF UNDERSTANDING
The City of Bremerton and IAFF Local #437 agree that the intent of the
parties on the items listed below is as follows:
2.1 Battalion Chiefs and the Deputy Fire Marshal shall be excluded
from the bargaining unit and the City agrees that current wages, hours
and conditions of employment shall not be reduced for a period of one
year or the resolution of any question concerning representation,
whichever should come first. Further, the City agrees that the Deputy
Fire Marshal shall receive the same compensatory time provision for
being on call as has been provided for Battalion Chiefs, retroactive
to January 1, 1987.
2.2.2 & 2.2.3 Written monthly evaluations shall be given to each employee
during the probation period. These evaluations will be used at a min-
imum to show an employee's progress and/or area of deficiency in per-
forming job functions. Employees shall be given a reasonable time to
correct these deficiencies prior to terminating an original probationer,
or reducing a promotional probationer. A promotional probationer re-
duced for inability to perform shall have displacement rights under Civil
Service Rule 15.01 if no vacancy exists in the next lower class. Provided,
nothing in this Section shall prohibit the administration from immediately
terminating or reducing a probationary employee for good cause as defined
in the Civil Service Rules, other than inability to perform job functions.
3.2 The current practice of allowing employees on emergency standby to
conduct Union business and of using the Fire Department facilities for
regularly scheduled Union meetings shall be continued, so long as such
business does not interfere w~th Fire Department operations.
7.6 This provision is intended to be voluntary and is not intended to
be an alternative to hiring a full complement of permanent officers.
18.4
This provision shall be administered in conformance with HB 435.
This letter of understanding is hereby signed by the chief negotiators
of the parties, and agreed to by the City Council representative in
negotiations, this day of July, 1987.
j} /
,.....'" A /1)
(~~/{,LU~ \~_~--~
~~rbara Revo i
Representing thel~ity
the Union
~ V)$Li!-
Hank Waibel
Representing City Council
',""
~BREMERTON CITY COUNC~L ~
LABOR CONTRACT BETWEEN CITY OF \:\ . ~ FOR AGENDA OF:
BREMERTON AND FIREFIGHTERS' ~ ~IGINATING DEPT:
LOCAL IAFF 437 L oJ'-)(:...rJ./ ORIGINATOR:
DATE SUBMITTED:
1. SUBjECT:
:===__...._________...__..____._....___.______.______.______.___..._.._...__a.._..._..__._....._c~
2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS:
City
City
Attorney 1:5-(_
Treasurer ~
Chief ~~
Labor Contract
Fire
ENDO~SEMENT
o
MAYOR
=====--...-----..
4. s
NT AND RE UIREMENT FOR COUNCIL ACTION:
Bargaining for a 1987-88 contract began on November 7, 1987 with Local IAFF
437. There were significant issues on the table and impasse was reached in
late Spring, 1987. The parties filed for mediation with PERC. Mr. Fred
Rosenberry, State Mediator from PERC, maneuvered both sides to a mutually
acceptable resolution of remaining issues in early June. The contract pro-
vides significant improvements in language and presentation; a modification
to LEOFF I sick leave use (two (2) shifts) prior to going on disability; a
movement of dependents to Plan B of the AWC Medical Plan in October (or
equivalent plan); increase of LEOFF II LTD (Long Term Disability) payment
from $10.00 to $17.00 beginning October 1, 1987; removal of Battalion Chiefs
and the Fire Marshal from the bargaining unit; and other minor adjustments
of benefit to both sides. The 1987 cost of this contract is $79,300.00.
The contract period is from January 1, 1987 through December 31, 1988.
8. RECOMMENDATION:
That Council approve the Firefighters' Local IAFF 437 Contract as presented.
"
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9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
D.E. Hiestand
D.E. Hiestand
12-31-88
JUly, l~!::l!::l
=~-==az_3.~=...a....._a...D...._za___c.=a==c=aa=a=.=_==m=a:_aa3.==_:....m.__.......ZDZ.....__._==_
10. NOTICE OF ACTION
PULLED L::7 TABLED 1::7 APPROVED ~
COUNCIL DIRECTIVE: ~O~
""RO\]\\il
DISAPPROVED ~AMENDED 0 DATE:
JUt
1 1987
CC~I~~~~-
?~~
LL ~
AGENDA PREPARATION & USE INSTRUCTIONS
~efer to Policy & Procedure Manual
General Administration #2-4
11. AGENDA BILL NO.:
(J7,/j7
(OVER)
CLEARANCE COMMENTS:
',.
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). IMPACT OF NON-PASSAGE:
Return to the negotiating table and possible arbitration propess to seek
binding resolution.
0. ~MPACT ON STAFFING. BUDGETS. FACILITIES, EQUIPMENT OR OTHER RESOURCES:
Council shall, by approving this Contract, authorize $79,300.00 to be
reappropriated from the General Fund ending balance of Ordinance 4092
(1987 Budget Ordinance) to the Fire Department in order to meet conditions
agreed upon in the Contract.
/. kESEARCH SOURCES:
~".,