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HomeMy WebLinkAboutIAFF LOCAL 437, 1983 A G R E E MEN T By and Between CITY OF BREMERTON Md INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL UNION NO. 437 * * * * * * * * * * * * January 1, 1983 through December 31, 1983 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 VII I VACATIONS 3 IX SEN IORITY LIST 4 X HOLIDAYS 4 XI CLOTHING AND UNIFORM CLEANING ALLOWANCE 5 XII LONGEVITY PAY 5 XIII SHIFT CHANGES 5 XIV GRIEVANCE PROCEDURE 5 XV EMPLOYEE MEDICAL COVERAGE AND DEPENDENT MEDICAL GROUP INSURANCE 6 XVI GROUP DENTAL INSURANCE 7 XVII TERMINAL AND SICK LEAVE 7 XVI II SEPARAB IUTY 8 XIX ENTIRE AGREEMENT 8 XX TERM OF AGREEMENT 8 AGREEMENT By and Between CITY OF BREMERTON and INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL UNION NO. 437 This Agreement is between the City of Bremerton, hereinafter referred to as the "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 11- RECOGNITION AND UNION SECURITY Section 1. The Employer recognizes the Union as the sole and exclusive bargal nl ng representa ti ve for the purpose of negoti ati on s 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 Employee 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 The parties agree that negotiations will 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 at least 50% of the difference between the monthly base rate of pay for a Firefighter 5th year and Lieutenant for the duration of such assignment in addition to their applicable monthly base rate of pay, provided that during the 1983 Agreement the monthly paramedic premium shall be $130.00 Section 3. Employees assigned to equipment maintenance or fire prevention duties shall receive an additional $55.00 or $125.00 per month, respectively, in addition to their regular rate of pay for the time they actually perform those duties. Section 4. 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 an 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 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. PAGE 2 Section 3. In order to maintain the minimum on-duty strength as reqtlired by the Fire Department regulations, overtime shall be paid when required for that purpose at a rate of one and one-half (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 IIAII including longevity paYt paramedic pay, equipment-maintenance pay and fire prevention pay as applicable. 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 subpoenaed appearances on behalf of the Employer while off dutYt 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 answert sickness or vacation. If an employee refuses ocertime, 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 hourst to maintain proper paramedic certification will be compensated at the rate of overtime of one and one-half (1~) 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 Emp 1 oyment 1st-5th year 6th year 7th year 8th year 9th year 10th year 11 th year 12th year 13th yea r 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 worki ng days 20 working days 21 worki ng days 22 working days 23 working days 24 working days 25 working days 26 worki ng days n^f'r "") 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 dnvs 29-2/5 ca 1 elldar days 30-4/5 calendar days 32-1/5 calendar days 33-3/5 calendar days 35 calendar 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. the functions Gr 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 is approved for a period less than a full shift will be charged against the employees vacation balance on the basis of a full and complete hour. ARTICLE IX - 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 X - HOLIDAYS Section 1. Bargaining unit 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. Sect; on 3. Holidays shall be as follows: Holidays New Year's Day Lincoln's Birthday Washington's Birthday Memori a 1 Day Independence Day Labor Day Vet ran I s Day Thanksgiving Day The day after Thanksgiving Christmas One Floating Holiday Date Observed January 1 February 12 Third Monday in February Last Monday in May July 4 First Monday in September Novembe r 11 Fourth Thursday in November Fourth Friday in November December 25 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. PAGE 4 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 rep'Paced on an "as needed" basis from the clothing allowance fund, as determined by the department administrative office. All uniforms so purchased will remain the property of the Employer. Section 2. Uniform sworn personnel shall receive a uniform cleaning allowance of two-hundred and fifty dollars ($250.00) per year. Such allowance shall be payable in the amount of one-hundred twenty five doll ars ($125.00) on or before the 15th of the month of January and one- hundred twenty five dollars ($125.00) on or before the 15th of 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 company 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 Secti on 1. For the purpose of thi s Agreement the term "gri evance 'I 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 a.lleging 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. T~e 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 employ~e 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 after 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 slJhmitt.prl tn 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. 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 ~ubmit 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 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 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. PAGE 6 ARTICLE XVI - GROUP DENTAL INSURANCE Section 1. to provide Washington 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, actives eligible employees. The Employer shall pay the full cost of the monthly premium group dental insurance coverage through the Association of Cities Group Dental Plan for full-time, active, eligible ARTICLE XVII - TERMINAL AND SICK LEAVE Section 1. In accordance with Ordinance No. 1813 (as amended) upon separation, the Employer agrees to pay up to twenty (20) days af accrued terminal (vacation) leave. In the event an employee has been granted an approved disability retirement from the Firefighter Pension Boards the Employer agrees to pay the employee his or her total accrued vacation hours that has been accumulated as of the effective date of the disability retirement. Any employee separated from employment for cause shall forefit any 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 attached amendments to City Ordinance No. 1813. (Appendix B) Section 4. Any employee, who ;s 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 in the event the Washington State Legislature modifies the provisions of the LEOFF Act pertaining to LEOFF employees. PAGE 7 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 rig.ht 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. ARTICLE XX - TERM OF AGREEMENT The terms of this Agreement shall be in effect January 1, 1983, and shall remain in effect up to and including December 31, 1983. APPROVED AND RATIFIED BY THE CITY COUNCIL THIS 1983. C( day of -:s-~ C!TV OF. BREME:T~ .. . Byl1 Z1 ~/kc<>d . . Dawki ns, Mayor INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL UNION NO. 437: By ATTEST: ~c....--\-\..--- ~ (0 ~ ~ Kathleen McCluskey City Clerk By~ v-eJz..D -~1'O;\,.,J Ronald McKiernan, V, e-President -- PAGE 8 APPENDIX "A" WAGE RATES PER MONTH (Article VI - Wages) Position Classification Firefighter I (years) Fi refi ghter I I Fi refi ghter I II Fi refi ghter IV Firefighter V & Over Monthly Wage Rate $1790.19 1894.85 1986.86 2078.87 2233.27 ~S0r.JS~ 3~~-;% f1A~ 2402.76 2564.75 2645.47 Medical Officer Lieutenant Deputy Fire Marshall Battalion Chief LONGEV ITY SCALE Longevity pay, which is a rate of pay based on the length of service with the Employer. shall be calculated on the individual employee1s monthly base wage rate and shall be paid monthly in addition to base pay as follows: Length of Continuous Service Rate Per Hour o through 5 years continuous employment 0% Commencing 6 years through 10 years continuous employment 1% Commencing 11 years through 15 years continuous employment 2% Commencing 16 years through 20 years continuous employment 3% Commencing 21 years and over continuous employment 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 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 City an employee will be entitled to be paid for accumulated sick leave as fo 11 ows : (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. 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 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 employments each year in which thirty- two hours or less sick leave is takens 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 employments 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. '\' PAGE 11