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HomeMy WebLinkAboutIAFF LOCAL 437, 1982 "-.. A G R E E MEN T By and Between CITY OF BREMERTON and INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL UNION NO. 437 * * * * * * * January 1, 1982 through December 31, 1982 ,..- TABLE OF CONTENTS ARTICLE PAGE I PREAMBLE 1 II RECOGNITION AND UNION SECURITY 1 III NONDISCRIMINATION 1 IV NEGOTIATION PROCEDURES 2 V RIGHTS AND PRIVILEGES 2 VI WAGES 2 VII HOURS OF WORK AND OVERTIME 2 VIII VACATIONS 3 IX SENIORITY LIST 4 X HOLIDAYS 4 XI CLOTHING AND UNIFORM CLEANING ALLOWANCE 4. XII LONGEVITY PAY 5 XIII SHiFT CHANGES 5 XIV GRIEVANCE PROCEDURE 5 XV EMPLOYEE MEDICAL COVERAGE AND 6 DEPENDENT MEDICAL GROUP INSURANCE XVI GROUP DENTAL INSURANCE 6 XVII TERMINAL AND SICK LEAVE 7 XVI II SEPARABILITY 7 XIX ENTIRE AGREEMENT 7 XX TERM OF AGREEMENT 8 '. AGREEMENT By and Between CITY OF BREMERTON and INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL UNION NO. 437 .ARTICLE I - PREAMBLE This Agreement is between the City of Bremerton, hereinafter referred to as the l'Employer", and the International Association of Fire Fighters; Local Union No. 437, hereinafter referred to as the "Union". The purpose of the Employer and the Union in entering into this Agreement is to set forth their entire agreement with regard to wages, hours and other terms and conditions of employment. ARTICLE II - RECOGNITION AND UNION SECURITY Section 1. The Employer recognizes the Union as the sole and exclusive bargaining representative for the purpose of negotiations concerning wage, hours and other terms and conditions of employment for all bargaining unit. employees described .as: all Bremerton uniformed Fire Department employees excluding the Fire Chief and the Assistant Fire Chief. Section 2. The Employer agrees to deduct, once a month, Union 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. . ARTICLE III - NONDISCRIMINATION The Employer agrees not to unlawfully discriminate against any employee for his activity in behalf of or membership in the Union. The Employer and the Union agree that there shall be no discrimination against any employee because of race, creed, color, national origin, age or sex. PAGE 1 ARTICLE IV - NEGOTIATION PROCEDURES Before adopting any salary schedule or making any amendment to the same and in comparing its estimate of budgetary requirements~ the Employer agrees to consider the Union1s recommendations and to discuss the same with the appropriate representatives of the Union. The parties ~gree that negotiations wiil be conducted in accordance with the provisions of RCW Chapter 41.56. ARTICLE V - 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 VI - WAGES Section 1. Wages for members 'of the bargaining unit are set forth in the attached schedule designated as Appendix "A". Section 2. Employees assigned as paramedics shall receive 45% of the difference between the monthly base rate of pay for a firefighter 4th year and Lieutenant for the duration of such assignment in addition to their applicable monthly base rate of pay. Section 3. Employees assigned as equipment maintenance or fire prevention duties shall receive an additional $35.98 or $117.85 per month, respectively. in addition to their regular rate of pay for the time they a~tually perform those duties. ARTICLE VII - HOURS OF WORK AND OVERTIME Section 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 Commissioner of Public Health and Safety or his designee and shall be subject to call in any emergency while off duty. . Section 2. The normal hours of duty for 24-hour shift personnel shall be an annual average of 52.31 hours per week, exclusive of emergencies, through the addition of one (1) Kelly day each 15th work shift. Section 3. In order to maintain the minimum on-duty strenfth as required by the Fire Department regulations, overtime shall be paid when required for that purpose at a rate of one and one-half (1-1) times the regular hourly wage. The regular straight-time hourly wage shall be computed as follows: monthly salary * X 12 = straight-time 52 X 52.31 hours Hourly wage * Monthly salary means the applicable monthly rate in Appendix nAil including longevity pay, paramedic pay, equipment-maintenance pay and fire prevention pay as applicable. PAGE 2 Section 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 supoenaed 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-!) times his regular hourly wage. Section 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. Section 6. Employees assigned as Paramedics who are required to attend training classes, on off-duty hours, to maintain proper paramedic certification will be compensated at the rate of overtime of one and one-half (I-i) times . his regular hourly wage. Attendance at said training sessions will require advanced approval by the Chief or his designee. ' ARTICLE VIII - VACATIONS Section 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 Employment 1st-5th year 6th year 7th year 8th year 9th year 10th year 11 th year 12th year 13th year 14th year 15th year 16th year 17th year and after Days Accrued/Year (8-hour shift personnel) 13 working days 15 working days 16 working days 17 working days 18 working days 19 working days 20 working days 21 working days 22 working days 23 working days 24 working days 25 working days 26 working days Days Accrued/Year (Personnel working 24-hour days) , 18 calendar days 21 calendar days 22-2/5 calendar days 23-4/5 calendar days 25-1/5 calendar days 26-3/5 calendar days 28 calendar days '29-2/5 calendar days 30-4/5 calendar days 32-1/5 calendar days. 33-3/5 calendar.days 35 claendar days 36 calendar days Section 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. Section 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. PAGE 3 ARTICLE IX - SENIORITY LIST The Employer shall establish a seniority list of all bargaining unit personnel, and it shaH 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 X - HOLIDAYS Section 1. Bargaining ~nit employees assigned to battalions working a twenty-four (24) hour shift shall receive eleven (11) additional calendar days added onto their annual leave in lieu of all holidays. Accumulation and taking time off in lieu of holidays shall be accomplished in accordance with existing policy. . Section 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. Section 3. Holidays shall be. as follows: January 1 February 12 Third Monday in February Last Monday in May July 4 First Monday in September November 11 Fourth Thursday in November Fourth Friday in November December 25 Employee's choice with approval of the Chief of the Fire Department of his designee. Employees shall also receive any other legal holiday proclaimed by the Governor and/or the Mayor of the City of Bremerton. Holiday New Year's Day lincoln's Birthday Washington's Birthday Memorial Day Independence Day labor Day Vetran's Day Thanksgiving Day The day after Thanksgiving Christmas One Floating Holiday Date Observed ARTICLE XI - CLOTHING AND UNIFORM CLEANING ALLOWANCE Section 1. 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 lias neededll basis from the clothing allowance fund, as determined by the department administrative office. All uniforms so purchased will remain the property of the Employer'. PAGE 4 Section 2. Uniform sworn personnel shall receive a uniform cleaning allowance of bJO-hundred and fifty do 11 ars ($250.00) per year. Such allowance shall be payable in the amount of one-hundred twenty five dollars ($125.00) during the month of January and one-hundred twenty five dollars ($125.00) during the month of July. It is further agreed between the parties that in the event the Employer secures a cleaning contract with an independent cleaning co~pany Section 2 of this Article will become null and void. ARtICLE XII - LONGEVITY PAY All bargaining unit personnel shall receive longevity pay in accordance with the current wage and salary ordinance and as set forth in Appendix "A". ARTICLE XIII - SHIFT CHANGES 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 be made by the immediate superior officer of the employees concerned. ARTICLE XIV - GRIEVANCE PROCEDURE Section 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 Civil Service Rules will be submitted to the Civil Service Commission for resolution. Complaints alleging violations of Article III - Nondiscrimination shall be processed pursuant to the Affirmative Action Complaint Procedure outlined in City of Bremerton Ordinance No. 3447. Step 1. The grievance shall be reduced to written form by the aggrieved employee stating the section of the Agreement violated and explaining the grievance in detail. The employee shall present the written grievance to the Fire Department Chief or his designee within seven (7) shift days after the occurence of the action giving rise to the grievance. The Chief or his designee shall convene a meeting with the Union within five (5) shift days afte~ the receipt of the written grievance for the purpose of resolving the matter. The Chief or his designee shall transmit a copy of his decision to the Union within ten (10) working days after the grievance is first submitted to him. Step 2. Should the grievance remain unresolved after the Step 1 meeting, the Union shall transmit the grievance in writing to the Mayor within five (5) working days after the Step 1 decision of management is announced. The Mayor shall consider the grievance and may convene a meeting with the Union in a further effort to resolve the matter. The Mayor shall transmit a copy of his decision to the Union within (10) working days after the grievance is first submitted to him. PAGE 5 Step 3. Should the grievance remain unresolved after the Mayor's decision in Step 2, the Union may request binding arbitration of the matter by written. request to the City which shall be filed with the Mayor within five (5) working days after the receipt of such decision. Upon receipt by the City a written request for arbitration the City and the Union shall attempt to agree upon an arbitrator. In the event no agreement has been reached on the selection of an arbitrator within ten (10) working days from the receipt of the request for arbitration the Federal Mediation and Conciliation Service 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. The decision of the arbitrator shall be rendered within thirty (30) calendar days after the close of the hearing and such decision shall be final and binding upon all parties. Any decision rendered shall be within the scope of this Agreement and shall not add to or subtract from any of the terms of this Agree- ment. In all matters submitted to arbitration each party to the- arbitration shall bear the entire cost of its own witnesses and representatives. The cost of the arbitrator and all other mutually incurred expenses of the arbitration shall be borne equally by the parties. . Section 2. Time limits referred to in this Article must be strictly adhered to, but may be waivep 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 XV - EMPLOYEE MEDICAL COVERAGE AND DEPENDENT MEDICAL GROUP INSURANCE Section 1. Medical coverage for employees shall be provided in accordance with the laws of the State of Washington. Section 2. 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. ARTICLE XVI - GROUP DENTAL INSURANCE Section 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 full-time, active, eligible employees. Section 2. 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. PAGE 6 ARTICLE XVII - TERMINAL AND SICK LEAVE Section 1. In accordance with Ordinance No. 1813 (as amended) upbn retirement the Employer agrees to pay up to twenty (20) days of accrued leave. Any employee separated from employment for just cause shall forfeit such benefits. Section 2. Upon retirement an employee shall be paid thirty-five percent (35%) of up to one hundred and twenty (120) days of accumulated sick leave provided that, it is expressly understood and agreed upon between the parties that sick leave retirement payment shall not be paid to any employee who has or will in the future' separate from City employment upon being granted a disability retirement as provided for in Chapter 41.26 RCW, as amended. Section 3. The established city practice governing sick leave accumulation for employees assigned to twenty-four hour shifts will be administered pursuant to the at~ached amendments to City Or~inance No. .1813. (Appendix B) Section 4. Any employee, who is classified as a LEOFF II employee pursuant to Chapter 41.26 RCW, that incurs an injury while performing his responsi- bilities on duty will be allowed to apply accrued sick leave pay to his approved time-loss compensation as provided by the laws governing Workmans Compensation time-loss benefits, provided, such payment will' not exceed the employee's regular rate of his daily wage. In the event the employee has exhausted his sick leave pay, the City 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. The parties agree to reopen this section for negotiations i:. the event the Washington State Legislature modifies the provisions of the LEOFF Act per- taining to LEOFF employees. ARTICLE XVIII - SEPARABILITY 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. ARTICLE XIX - 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 specifi- cally covered by the Articles of this Agreement during the term of this Agreement, except as mutually agreed upon. PAGE 7 ARTICLE XX - TERM OF AGREEMENT The terms of this Agreement shall be in effect January 1, 1982, and shall remain in effect up to and including December 31, 1982. SIGNED thi s /b J1 day of /J( f<. t. vi- . 1982 CITY OF BREMERTON: INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL UNION NO. 437: , . By -I. )tW~u- Il~ By , lLJtl . /' By . ~L'Y-t {f ~"- ~--r 0 wanson, Commissioner of Public Works and Utilities , -JS C' , ! ". By-z--ct{ '<'7-t t. - . . JJv.'--. Attest: By ~c::....~. n R-~~ PAGE 8 . APPENDIX "A" WAGE RATES PER MONTH (Article VI - Wages) Position Classification Monthly Wage Rate $1729.65 1830.77 1919.67 2008.57 2157.75 Firefighter I (years) Firefighter II Fi refi ghter I II Firefighter IV Firefighter V & Over Lieutenant 2288.34. 2396.96 2506.01 Deputy Fire Marshall Battalion Chief 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 additic'l to base pay as follows: Length of Service o -5 years 6 - 10 years 11 - 15 years 16 - 20 years 21 years and over Rate per Month 0% 1% 2% 3% 4% PAGE 9 APPENDIX B Bremerton Municipal Code Chapter 2.40 - Employees - Hour, Vacations, Sick Leave Section 2.40.100 Sick Leave 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 employee1s regular hours worked per year. (a) For employees working a regular 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 year, the employee1s 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 schedute. For eX~7ple, if an employee worked. five years on a 2080 work schedule and was subsequently transferred to a 2720 work schedule, the employee1s sick leave account will be increased by 150 sick leave hours, conversely, the employee1s 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 City an employee will be entitled to be paid for accumulated sick leave as follows: (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, wjll be granted. PAGE 10 (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 employeels 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 suffi~ient 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: Beginnning with the sixth year of City employment, each year in which forty- two hours or less sick leave is taken eight hours shall be added to the employeels vacation leave. PAGE 11 Memorandum of Agreement Between the City of Bremerton and International Assocaition of Firefighters Local 437 This Memorandum of Agreement is between the City of Bremerton, hereinafter referred to as the 'IEmployer," and the International Association of Firefighters, Local Union # 437, hereinafter referred to as the IIUnion.1l The Employer and the Union hereby agree to amend the Agreement executed by the parties on March 16,1982 for the period of January 1, 1982, up to and including December 31, 1982, as hereinafter provided: 1. Amend Article XX - Term of Agreement of the current Labor Contract to read as follows: 2. The terms and conditions of this Agreement shall be effective January 1, 1982, and shall remain in full force and effect up to and including the 30th day of June, 1983. At least ninety (90) days prior to the first day of July, 1983, either party may file written notice with the other of its intent to amend, modify or terminate the terms and conditions of this Agreement. Any successor Agreement entered into between the parties will become effective July 1, 1983, provided that, nothing in this Agreement will prevent the parties from assigning other effective dates to any provision which may be negotiated by the Employer and the Union. In consideration of extending the Agreement to June 30, 1983, the Employer agrees to rehire the five (5) Firefighters who were laid off in June,' 1982, due to budgetary reductions, provided that the Employer1s obligation to implement this provision of this Memorandum of Agreement shall be subject to the Employer taking any action it may deem appropriate to allocate sufficient funds necessary to rehire the five (5) employees up to and including June 30, 1983. Further, the Employer and the Union agree that in the event the Employer dues not implement Paragraph # 2 of this Memorandum of Agreement, in its entirety, on or before Aug. 15, 1982, this Memorandum of Agreement will become null and void effective Aug.16, 1982, and the parties will continue to operate pursuant to the current Article XX of the Agreement. 2) 3. It is expressly understood and agreed upon between the parties that the notification requirements as specified in R.C.W. 41.56.440 will be satisfied if either party submits to the other, a request to renegotiate pursuant to Paragragh # 1 of this Memorandum of Agreement. 4. Except as specified within this Memorandum of Agreement, all other terms and conditions of the Agreement will continue in full force and effect. Si gned thi s / r day of June, 1982. For the Employer: For the Union: By Gene Nelson, Mayor and Commissioner of Public Health & Safety B I- By fJ- a.~ Paul A. Golnik, Vice-President of ( By To of Attest: By ~~~ . f2-- ~ Kathleen L. Mandio City Clerk