Loading...
HomeMy WebLinkAboutIAFF LOCAL 437 CHIEF OFFICERS, 1991 LABOR AGREEMENT BY AND BETWEEN THB C~TY OF BRBKBRTOH and IIrl'BUATIOHAL PlRE J'IGHTBRS LOCAL "37 CRIBI' OI'PICBRS January 1 1991 through December 31 1991 TABLE OF CONTENTS ARTICLE PREAMBLE 1 NON-DISCRIMINATION 1.1 Non-Discirminatory Application 1.2 Discrimination Allegations 1.3 Non-Discrimination - Union Activity 2 RECOGNITION 3 UNION DUES 3.1 Dues Deductions 3.2 Duration of Authorization 3.3 Equivalent Dues Payment 4 UNION ACCESS 4.1 Conduct of Union Business 4.2 Union Representatives 4.3 Union Bulletin Boards 5 WAGES 6 HOURS OF WORK 6.1 Normal Hours of Work 6.2 On Call Duty Chief 7 VACATION LEAVE 7.1 Vacation Accrual 7.2 VacationScheduling 7.3 Maximum Vacation Accrual 7.4 Vacation Buy-back 7.5 Vacation Pay-Out 8 HOLIDAYS 8.1 Holidays Observed 8.2 Floating Holiday .8.3 Holiday Compensation i I PAGE NO. 1 2 3 4 5 ARTICLE . PAGE NO. 9 SICK LEAVE AND INDUSTRIAL DISABILITY 9.1 sick Leave Accrual 9.2 Sick Leave Incentive 9.3 sick Leave Retirement Payment 9.4 Payment of sick Leave Upon Death 9.5 sick Leave Use 9.6 Notification of sick Leave Use 6 9.7 sick Leave Documentation and Approval 9.8 Industrial Disability and Limiation of Si:ck 7 Leave Use for LEOFF I Employees 9.9 Industrial Disability Leave for LEOFF II Employees 9.10 Disability Leave Supplement for LEOFF II Employees for Employe~s 9.11 Alternative Work Assignments on 8 Industrial Disability 10 OTHER 10.1 10.2 10.3 LEAVE Bereavement Leave Jury Duty, witness Emergency Leave and Military Duty Leave 9 11 RETIREMENT BENEFITS 12 INSURANCE BENEFITS 12.1 Medical Insurance 12. 2 Dental Insurance I 12.3 Insurance Reserves, Rebates and Surpluses 10 13 CLOTHING AND UNIFORM CLEANING ALLOWANCE 13.1 Purchase of Uniforms 13.2 Uniform Cleaning Allowance 14 PERSONNEL PRACTICES 14.1 Definitions 14.2 Promotions and vacancies 014.3 Probationary Evaluations 14.4 Career Counselling 14.5 Rights and privileges 15 11 GRIEVANCE PROCEDURE 15.1 Definitions 15.2 step 1 15.3 step 2 15.4 step 3 15.5 Powers and Duties of the Arbitrator 15.6 Costs of Arbitration 15.7 Time Limits 12 13 ii ARTICLE PAGE NO. 16 SEVERABILITY 17 ENTIRE AGREEMENT 18 CONFLICTING PROVISIONS 19 TERM APPENDIX A WAGE RATES 14 APPENDIX LABOR AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 437 CHIEF OFFICERS January 1, 1991 through December 31, 1991 PRBAHBLB This Agreement is made and entered into pursuant to the provisions of RCW Chapter 41.56 by and between the City of Bremerton, a municipal corporation of the state of washington, hereinafter known as the "Cityll, and the International Association of Firefighters, Local No. 437, Chief Officers, hereinafter known as the "Union" for the purpose of setting forth the wages, hours and other terms and conditions of employment which shall be in effect during the term of this agreement for employees included in the bargaining unit described in Article 3 below. ARTICLE 1. NON-DISCRIMINATION L 1 Non-Discriminatorv Application: The provisions of this Agreement shall be applied equally to all employees in the bargaining unit without discrimination as to age, sex, marital status, race, color, creed, religion, national origin, political affiliation: or mental, physical or sensory handicap, unless based upon a bona fide occupational qualification. 1.2 Discrimination A1leQations: An employee who believes that he or she has been the subject of unlawful discrimination prohibited in 1.1 above, shall seek relief through the city's Equal Employment Opportunity Complaint Procedure or the appropriate state or federal agency charged with investigating such matters and shall not process such complaints through the Grievance Procedure of this Agreement. 1.3 Non-Discrimination ~ Union Activity: The provisions of this Agreement shall be applied equally to all employees in the bargaining unit without discrimination as to union affiliation or activity or lack thereof. The City and the Union shall each be responsible for complying with this provision. An employee who believes that he or she has been subject to discriminatory treatment prOhibited by this provision may process such an allegation through the Grievance Procedure of this Agreement. ARTICLB 2. RBCOGNITION The city recognizes the Union as the sole and exclusive bargaining representative for the purpose of negotiations concerning wages, hours and conditions of employment for all employees in classifications set forth in Appendix A and such classifications as may be added to the bargaining unit during the term of this Agreement. ARTICLE 3. UNIOR DUES 3.1 Dues Deductions: The City will deduct monthly Union dues and initiation fees uniformly required of membership from the pay of those employees who provide written authorization to the City to make such deductions. The city will transmit the total amount of deductions to the Treasurer of the Union. 3.2 Duration of Authorization: written employee authorizations will remain in effect during the term of this agreement unless an employee revokes authorization by providing written notice to the city. The city will notify the Union of all revoked authorizations received by the city. 3.3 Eauivalent Dues Payment: An employee who revokes his or her written authorization to deduct dues or who refuses to join the Union shall contribute an amount equivalent to regular Union dues and initiation fees to a non-religious charity or to a religious organization mutually agreed to by the Union and the employee. The employee shall provide written evidence to the Union that such contributions have been made. ARTICLB 4. ONIOK ACCBSS 4.1 Conduct of Union Business: Union business such as handling grievances and other legitimate routine matters may be conducted on Fire Department premises provided that such business does not interfere with Fire Department operations and is authorized by the Fire Chief. Scheduled Union meetings may be held in Fire Department facilities provided that such meetings do not interfere with Fire Department emergency operations. 4.2 Union ReDresentatives: The Union shall provide written notice to the city of the names of the officials authorized to represent the Union immediately upon t.heir election or appointment. The city will provide reasonable access to city premises to such authorized representatives for the purpose of handling grievances and other legitimate Union business provided that such access does not . interfere . with the work and duties of Union employee representat.ives or of other on-duty employees. - 2 - 4.3 Union Bulletin Boards: The City will permit the Union to place one (1) bulletin board for Union use at a designated location at each fire station. No materials shall be posted except notices of meetings and elections, results of elections, changes in Union bylaws, notices of employee social occasions and similar union notices, letters, and memoranda. AR'1'ICLB 5. nGBS Wages shall be paid as set forth in Appendix A. UTICLE 6. HOURS 01' WORK 6.1 Normal Hours of Work: Deputy Chiefs shall work such hours as are assigned by the Fire Chief which shall be at least forty (40) hours per week, including paid holiday, vacation and sick leave time. In addition, Deputy Chiefs shall serve on emergency standby status during such periods as are assigned by the Fire Chief and are subject to emergency callback at any time. Deputy Chiefs are exempt from the overtime provisions of the Fair Labor Standards Act. 6.2 On Call Duty Chief: An employee who is assigned to serve as Duty Chief/Fire Marshall On Call shall receive eight (8) hours scheduled time off for each seven (7) day period so served. ARTICLB 7. VACATION LEAVE 7.1 Vacation Accrual: Employees shall accrue vacation time with pay for all regularly scheduled work time including paid leave time pursuant to the following schedule: Period of continuous Full Time EmDlovment Date of Hire through 5 years 6th year 7th year 8th year 9th year 10th year 11th year 12th year 13th year 14th year 15th year 16th year 17th year and thereafter Hours Accrued/Year 104 hours 120 hours 128 hours 136 hours 144 hours 152 hours 160 hours 168 hours 176 hours 184 hours 192 hours 200 hours 208 hours -3- I 7.2 Vacation scheduling: Annual vacation leave ishall be authorized by the Fire Chief or the Chief's designee. IPersonnel shall schedule vacation leave by mutual agreement of the employee and the Fire Chief or the Chief's designee. : I maximum number ofl vacation be allowed to car~ forward I as follows: I I I I ! I I In the event an employee has been prohibited from taking sufficient vacation time to reduce his or her vacation balance to the maximum I allowable carryover at the end of a calendar year, the ex~ess hours shall be paid out in cash at the employee's straight t~me hourly rate unless the City council approves an extension ofl the time period beyond the end of the calendar year during which the employee must take all vacation hours which exceed t}je maximum allowable carryover. An employee who fails to request I scheduled vacation time during the year and who's accrued vacation hours exceed the maximum carryover balance and the end of th~ calendar year shall forfeit such excess vacation hours. I I I 7.4 Vacation Buy-back: Upon the approval of the Firelchief, an employee may receive cash compensation at the employee's straight time hourly rate for any accrued and unused vacation ti~e. I 7.5 Vacation Pav-out: Upon the retirement or termination of an employee who has served six (6) continuous full ~onths of employment or more, or upon the date of an employee's disability retirement, the accrued vacation hours of such an employ~e will be paid to the employee in a cash lump sum payment. 7.3 Maximum Vacation Accrual: The accrual hours that any employee shall from one calendar year to the next is Years of Continuous EmDlovment o through Five (5) years More than Five (5) years Maximum Balance 160 hours 240 hours AR'l'ICLB 8.. HOLIDAYS 8.1 Holidays Observed: by the city: The following holidays shall be observed I I Labor Day I Veteran's Day I Thanksgiving Day Day after Thanksgiving Christmas I ! In addition, any other holiday legally proclaimed by the Federal or state government, provided that the city takek official action to have such holiday also observed by the city. ! New Year's Day Martin Luther King'S President's Day Memorial Day Independence Day Birthday -4- 8.2 Floating HOliday: Each employee shall be all,owed one additional holiday to be observed by the employee on a da~ mutually agreeable to the employee and the Fire Chief. I I 8.3 HOliday COIllDensation: Non-shift personnel shall receive eight (8) hours of time off with pay for each holiday observ~d by the City and for a floating holiday of each employee's choibe. If a holiday observed by the City falls on a Saturday, the hol1iday will be observed on the preceding Friday. If a holiday fctlls on a Sunday, the holiday will be observed on the following Monday. I i I AR'1'ICLI 9. SICIt LIAn un IItDUSTRIAL DISABILITY 9.1 Sick Leave Accrua~: sick leave shall be gantedon ~he basis of one hundred (100) hours per year. Sick leave balances shall be raised to one hundred (100) hours annually at the beginni*g of each calendar year and no additional sick leave shall accrue during the year. There shall be no accumulation or carryover of s:iCk leave balances into the next calendar year. I 9.2 Sick Leave Incentive: Personnel who take thirtYrtwo (32) hours or less of sick leave in the calendar year, shall have eight (8) hours added to his or her vacation leave balanqe at the beginning of the following calendar year. ~ I 9.3 Sick Leave Retirement Payment: An employee who re~ires from ci ty service on a service or disabili ty retirement I shall be provided a Sick Leave Retirement Payment of thirty-fivr percent (35%) of the employee's accrued and unused sick leave hours to a maximum of 35% of 960 hours (a maximum of 336 hours) the ~mployee' s banked sick time will be paid to the employee at the ~mployee's regular hourly wage rate in effect at the time of retir~ment. I I 9.4 PaYment of Sick Leave UDon Death: In the event of the death of an employee, the employee's estate shall be paid for the total accrued and unused sick leave hours at the employee I s regular hourly wage rate in effect at the time of death up to a _aximum of I 960 hours. ~ j 9.5 Sick Leave Use: Sick leave must be accrued prior tol use by an employee. Sick leave shall be made available to each employee up to the amount of each employee's accrued sick leave balance and shall be used in increments of no less than one-half hour to cover an employee I s absence from his or her regularly scheduled work hours due to: I A. The temporary disability of an employee resulting from his or her personal illness or injury. I B. Providing care for an employee's children under the age of 18 when they have a health condition that requires supe~ision or treatment. I -5- c. Attending medical, dental and/or oculist appointments as needed for preventive or rehabilitative health care of th~ employee or the employee's children when such care requires I parental presence to supervise or authorize treatment. ! 9.6 Notification of Sick Leave Use: An employee who is labsent or expects to be absent from work due to causes specified in 9.5 above, shall provide notification as follows: i A. Routine 1\DDointments: An employee who schedules I a routine medical, dental or oculist appointment shall make every ~easonable effort to schedule such an appointment at a time which ~ill cause the least interference with the employee's work hours artd duties. The employee shall give prior notice of the date and time of the appointment to his or her immediate supervisor. An employee's immediate supervisor may request that the employee reschedule routine appointments when, in the judgment of the supertisor, the scheduled absence of the employee would unduly interfer~ with the operations of the Department. An immediate supervisor ishall not unreasonably deny an employee sick leave with pay for routine medical, dental or oculist appointments. i B. Unanticioated Absence: An employee who is absent from work or will be unable to report to work as schedul~d due to personal illness or injury, or for other causes specif~ed in 9.5 above, shall promptly notify the department by telkphone or otherwise by 0800 of the day of his or her absence. I C. sick Leave durina Authorized Paid Leave: An employee who becomes ill or is ,injured during the employee's paid vacation or compensatory time off for accumulated overtime, may r~quest the conversion of such paid leave to sick leave with pay by promptly notifying the department of the illness or injury andlprovidinq such information as is required by the department to verify the appropriateness of such a conversion. I 9.7 Sick Leave Documentation and ADDroval: An employee who has been absent on sick leave shall, within thirty-six hdurs after returning to work, submit such forms and provide such iftformation as are required by the Department to approve the use of ~ick leave with pay for the absence. The Department may require aft employee I to demonstrate that he or she has sought treatment, taken appropriate precautions or otherwise effected measures to correct the condition causing the employee's absence. Such demonstrations may take the form of personal statements of the employe~, medical examinations or certifications of appropriate profess~onals, or other methods appropriate to the circumstances. I The Department may require an employee to provide certification by a professional physician that the employee is sufficiently recovered as to be able to return to work without posing a health hazard to himself or herself or to other members of the workforce. sick leave must be approved by the Department prior t6 paYment. The Department shall not unreasonably withhold approval of sick leave with pay from employees. I -6- 9.8 Industrial Disability and Limitation of sick Leav~ Use for LEOFF I EmDlovees: An employee who qualifies for and isl included in the Washington state Retirement System commonly referred to as "LEOFF I", shall have his or her use of sick leave with pa~ limited to six days of sick leave wi th pay for each personal lor work- related sick leave absence. In the event the employee's absence extends beyond six days, the employee shall -apply for disability benefits provided through LEOFF I. In the event the e.ployee's disability extends beyond a period of six (6) full monthS and six ( 6) days, the employee shall apply for disabili ty r~tirement benefits provided through LEOFF I. The employee's acci;rued and unused sick leave hours shall not be used to extend the period of disability beyond six months and six days. I I 9.9 Industrial Disabili tv Leave for LEOFF II EmDloybes: An employee who qualifies for and is included in the WaShingl'ton state Retirement System commonly referred to as "LEOFF II", and who incurs a work-related illness or injury shall be providedlwith such compensation as is made available through 'Workers' Compensation time-loss benefits. I 9.10 Disability Leave Supplement for LEOFF II Em1?loyees: A disability leave supplement is the amount which, when added to the amount payable under Worker's Compensation time-loss ben~fits will result in an employee receiving the same pay he or she ~ould have received for full time active service, taking into account that Workers' Compensation payments are not subject to federal lor social security taxes. The disability leave supplement shall begin on the sixth day of absence from work caused by the injury or illness which entitles the employee to Workers' Compensation bedefits and shall be paid as follows: I , A. One-half of the amount of the supplement shall ~e charged against the accrued sick leave of the employee up to ~he point where 48 hours of sick leave remain. If an employee has rio accrued sick leave at the time of injury or illness which entit]es him or her to Workers' Compensation benefits, or if accrued sick leave is exhausted to the point where only 48 hours remain during the period of disability, the employee shall receive only that pbrtion of disal;>ility leave supplement prescribed by subsection (Bi) of this sect~on. I B. One-half of the amount of the supplement shall be paid by the city for a period not to exceed six (6) months from the date of injury or illness up to the point where only 48 hou~s of the .. ' employee's s1ck leave rema1ns. In the event that only 48 hours of the employee's sick leave remains at some point during the period of disability, the City shall pay that amount of the supplement which is required to make up the difference between t~e minimum sick leave of 48 hours and the employee's full time a~tive pay, (taking into account that Workers' Compensation benefits are not subject to federal or social security taxes) for a peribd not to exceed six (6) months from the date of injury or illnes~. I I I -7- C. In no event shall the combination of Worker's Compensation, employee sick leave or City supplement compensation exceed the amount of an employee's regular wage rate at any time during the disability period. D. If an employee's accrued sick leave is exhausted during the period of disability, the employee may, for a period of two months following return to active service, draw prospectively upon sick leave the employee is expected to accumulate up to a maximum of 24 hours. Any sick leave drawn prospectively shall be charged against earned sick leave until such time as the employee has accrued the amount needed to restore the amount used. In the event an employee terminates active service without having restored the sick leave drawn prospectively, the City shall deduct the actual cost of any payments made under this subsection from compensation payable to the employee or otherwise recover the payments. 9.11 Alternative Work Assignments for Employees on Industrial Disability: An employee may be assigned to perform alternative work during the period he or she is unable to perform his or her normal work duties due to a work-related illness or injury or may be provided alternative employment in conformance with the provisions of laws and regulations governing employees under LEOFF II, and the Washington state Industrial Insurance Act and City employment. ARTICLE 10. OTHER LEAVE 10.1 Bereavement Leave: An employee will be granted three (3) days of bereavement leave for attending funerals in the state of Washington and five (5) days for out of state funerals of members of the employee I s immediate family. Immediate family shall be defined as spouse, child, stepchild, mother, father, mother/father in-law, brother, sister, bother/sister in-law, grandparents of both the employee and the employee's spouse. All time off for bereavement leave shall be charged against an employee's vacation/holiday, sick leave or compensatory time leave balance at the option of the employee. 10.2 JUry Dutv. witness and Military Dutv Leave: An employee shall be granted leave of absence with pay for the purpose of reporting to Jury Duty or if subpoenaed as a witness. Any juror or witness fees received by the employee for the performance of such duties shall be assigned to the City. A leave of absence with pay for a period not to exceed 15 working days will be granted to an employee for the purpose of attending training as a member of the organized military reserves of the United states or of the state of Washington. -8- 10.3 EmerqencY Leave: In the event of an unforeseen emergency which requires the absence of an employee such as the illness, injury or death of a member of an employee's immediate family, the employee shall notify his or her immediate supervisor as soon as possible of the required absence. Such emergency leave shall be charged to an employee's unused vacation/holiday or compensatory time leave balance. ARTICLB 11. RBTIRBIIBBT BEDI'ITS Each employee shall be enrolled in the Washington state Retirement system for which he or she qualifies. Only for the purposes of federal income taxation, the gross income of each employee shall be reduced by the amount of employee contributions to the respective retirement system which is picked up by the City. ARTICLE 12. INSORANCB BBIIBPITS 12.1 Medical Insurance: The City shall make medical insurance coverage available to employees and their dependents and provide for payment of insurance premiums as follows: Monthly Mo Premium Mo Premium Plan Premium Amount Paid Amount. Paid co-Pays Member Amount by city by Employee Paid By Kitsap Physicians' Service - Plan A LEOFF I Employee 167.08 167.08 -0- city LEOFF II Employee 122.42 122.42 -0- City Kitsap Physicians' Service - Plan B REGULAR and Dependents Employee 106.41 Spouse 118.84 1st Dependent 56.38 2nd+Dependent(s) 44.79 106.41 118.84 56.38 44.79 -0- -0- -0- -0- Employee Employee Employee Employee GROUP HEALTH LEOFFI Employee Employee Spouse 1st Dependent Ea Addt'l Dep 154.90 121.10 121.10 62.00 62.00 154.90 121.10 121.10 62.00 62.00 -0- -0- -0- -0- -0- city City Employee Employee Employee -9- 12.2 Dental Insurance: The city shall make the Washington Dental Service Plan A dental insurance coverage available to employees and their dependents and provide for full payment of insurance premiums. All Co-pay amounts for all services received shall be paid by the employee. 12.3 Insurance Reserves. Rebates and Suroluses: The City shall require the KPS medical plan provider to provide a structured accounting to the City at least annually. Such accounting shall include plan utilizations, all reserve accounts maintained for the plan, interest earned on reserves, administration costs and coinsurance (pooling) costs. This accounting shall be made available to the Union upon request. The city agrees that the bargaining unitls pro-rata share of any premium rebates, interest rebates, surplus reserve account rebates or any other monetary returns to the employer from the insurance providers together with subsequent interest earnings thereon shall be used exclusively to defray the costs of premium increases in the plan. . ARTJ:CLB 13. CLO'l'HING AND UNII'ORM CLEANING ALLOWANCB 13.1 Purchase of Uniforms: The City shall purchase new and replacement uniforms required by Fire Department regulations for each employee. Employees shall abide by such rules and regulations as are established by the Department in selecting and obtaining their uniforms. All uniforms paid for by the Fire Department remain the property of the city. 13.2 Uniform Cleaning Allowance: Each employee required to wear a uniform pursuant to Fire Department regulations shall receive a uniform cleaning allowance of two hundred fifty ($250) dollars for uniform maintenance to be paid during the month of January 1991. An employee hired subsequent to the first of the year shall receive a pro-rata cleaning allowance paYment. Effective December 30, 1991 the city will reimburse each employee cleaning expenses which are directly related to uniform maintenance. Employees shall abide by such rules and regulations as are established by the Department in obtaining cleaning expense reimbursement. ARTICLE 14. PBRSONNEL PRACTICES 14.1 Definitions: For the purpose of interpreting the prov1s1ons of this agreement, the following definitions shall apply: A. Probationaq EmDlovee: An employee serving a twelve- month period commencing upon the initial date of hire as a permanent employee during which the employee may be discharged at the sole discretion of the City, consistent with applicable Civil Service Rules and Regulations and without recourse to the grievance procedure. -10- B. Promotional Probation: A twelve-month period commencing upon the initial date of a permanent promotional appointment during which a promoted employee who is unable to perform the duties of the higher level position shall be returned to his or het previous classification at the time of appointment at the sole discretion of the city, consistent with applicable Civil Service Rules and Requlationsand without recourse to the grievance procedure. C. LEOFF I EmDlovee: An employee who qualifies fot and is a member of the Washington state Retirement System commonly known as "LEOFF In. : D. LEOFF II EmDlovee: An employee who qualifies ~or and is a member of the Washington state Retirement System commonly known as "LEOFF II". I I I 14.2 Promotions and Vacancies: All personnel reduction~, filling of vacancies and promotions shall be handled in ac60rd with existing civil service Rules and Regulations and shall1 not be subject to the grievance procedure. I 14.3 ProbationarY Evaluations: A written monthly evaluat.ion shall be given to each employee during his or her probationa~y period. The evaluation will be used to show an employee's progr~ss and/or areas of deficiency in performing jOb functions. An employee shall be provided a reasonable time to correct deficiencies: prior to termination of an original probationer, or reduct~on of a promotional probationer. A promotional probationer who is removed for inability to perform shall have displacement rights u~der civil service Layoff and Reduction rules provided, how~ver, the promotional probationer shall have the right to return ito his or her former class regardless of whether a vacancy exists. I Provided further, however, nothing in this section shall prohibi~ the City from terminating or demoting a promotional probationarx employee for good cause in conformance with civil service Rules. I 14.4 Career Counselling: An employee who is not seledted for a promotional appointment from an eligible register may request career development counselling from the appointing authority for the purpose of recommending steps the employee may take ~o improve his or her qualifications and skills for future p~omotional opportunities. 14.5 Rights and privileaes: All current policies andipractices concerning computation and payment of pay, allowances andlbenefits; or the application of contract provisions enumerated herein shall continue in force and effect during the life of this Agreement. Should the City wish to make any change with respect to such pactices 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. I -11- ARTICLE 15. GRIBVUCB PROCEDURE f' 't' 15 . 1 De l.nl. l.ons: . I A. Grievance: A grievance is an allegation of a violation of the terms and conditions of this agreement which is to b~ resolved through this Grievance Procedure. I B. civil Service Appeal: An appeal is an allegation of a violation of the civil Service Rules which is to be i resolved through the Civil service Appeals procedure and is not ~esolvable through this Grievance Procedure. : C. Unfair Labor Practice: An Unfair Labor Practice I charge is an allegation of a violation of the Washington state I statutes governing public employment labor relations which is to be resolved through the Public Employment Relations Commission's rules and regulations and is not resolvable through this Grievance Ijrocedure. i 15.2 STEP 1: An employee who believes that the terms and conditions of this Agreement have bee violated shall ~educe the grievance to wirign and shall state: the section (or se9tions) of this agreement which is alleged to have been vio~ated; an explanation of the grievance in detail, including date~, actions and such other information necessary to a full investigation of the facts and circumstances giving rise to the grievance: and the remedy sought. The employee shall have the right to be assisted by an authorized Union representative in reducing his or herigrievance to writing. The employee shall present the written grievance to the Fire Chief within fourteen (14) calendar days of the date the employee could.. reasonably have been expected to kno~ of such action. The Fire Chief shall meet with the employeEa and the employee's Union Representative within fourteen (14) calendar days after receipt of the written grievance. The Fire c~ief shall reduce his or her decision to writing and shall tra!nsmi t the decision to the employee with a copy to the Union repr~sentative within fourteen (14) calendar days of meeting with the employee and the Union representative. . 15.3 STEP 2: In the event that the Fire Chief does nbt resolve the grievance to the satisfaction of the employee at step 1 of this procedure, the Union shall, on behalf of the employee, transmit a copy of the original grievance along with a copy of' the Fire Chief's written response to the Director of Personnel and the Mayor within fourteen (14) calendar days of receipt of the Fire Chief's written response. The Director of Personnel shall consider the grievance and may convene a meeting with the Union representative in an attempt to resolve the grievance. The Director of] Personnel shall reduce his or her decision to writing within fourteen (14) calendar days of receipt of the grievance and transmit th~ decision to the Union. ' -12- 15.4 STEP 3: In the event that the Director of Personnel does not resolve the grievance at step 2 of this procedure, the Union may request arbitration of the issue by written notification to the Director of Personnel. The Director of Personnel and the Union shall meet within fourteen (14) calendar days of the date upon which the Director of Personnel rendered his or her written decision on the grievance~and shall select a neutral arbitrator by mutual agreement or through a mutually agreeable process. 15.5 Powers and Duties of the Arbitrator: It shall be the duty of the arbitrator to conduct a hearing on the issue or issues submitted by the parties for decision. The hearing shall be kept informal and private. The arbitrator shall interpret the provisions of this agreement as they apply to the issue or issues submitted for decision and shall not add to, subtract from nor in any way otherwise alter nor recommend the alteration of the terms and conditions of the agreement in deciding the matter. As soon as is practicable after conducting the hearing, the arbitrator shall render a written decision which shall be binding upon the parties. 15.6 Costs of Arbitration: The expenses of the neutral arbitrator shall be borne equally by the parties. Each party shall singly bear all costs related to preparing and presenting its own case before the arbitrator, including costs of witnesses. The party desiring a record of the proceedings shall bear the cost of obtaining such record. 15.7 Time Limits: Time limits established in this procedure shall be strictly adhered to but may be waived by mutual agreement of the Union and the city. All procedures contained herein shall be complied with as expeditiously as practicable. ARTICLE 16. SBVERABILITY In the event that any prov1s10n of this Agreement is held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any Article should be restrained by such tribunal pending a final determination as to its validity, the remaining provisions of this Agreement shall not be held invalid and shall remain in full force and effect. The Union and the City shall immediately meet and attempt to renegotiate any provision found invalid. -13- ARTICLB 1'. BRTIRB AGRBBKElf'l' The Union and the City acknowledge that each has had the unlimited right and opportunity to make proposals with respect to any matter deemed a proper subject for collective bargaining. The results of the exercise of that right are set forth in this Agreement. Therefore, the City and the Union each voluntarily and unqualifiedly agree to waive the right to oblige the other party to bargain with respect to any subject or matter not specifically covered by the Articles of this Agreement during the term of this Agreement, exccept as mutually agreed upon. ARTICLE 18. COB7LICTIBG PROVISIONS In the event that any provision of this Agreement is found to be in conflict with any other Resolution, Ordinance, POlicy, Regulation or Rule of the City, the provision of this agreement shall prevail. ARTICLE 1'. 'lEU The terms of this Agreement shall be in effect upon January 1 1991 and shall remain in effect through December 31 1991. This agreement is hereby submitted to the Bremerton City Council for approval. Upon the approval of the Council, this agreement shall become binding upon the City, the Union and all of the employees in the bargaining unit covered by this agreement. DATED THIS gc:t- day of ~ , 1991 CITY OF BREMERTON: I~ lhtvt.JILU- Director, Personnel/Labor Relations ~~.- F;;::!:XJ :A Louis Mentor, Mayor ATTEST: ~~. ~(g...~ Katn een McCluskey city Clerk TO FORM: 'V Ian R.- ievers city Attorney -14- APPENDIX A EFFECTIVE: 01/01/91 LONGEVITY SCALE BASE + 1% BASE + 2% BASE + 3% BASE + 4% BASE + 5% POSITION BASE BASE AATE 6- 10TH VAS "-15TH VA 1S-20TH VA 21 -25TH VR 26+ VAS ----------------- ------------ ---------- ----------- ----------- ----------- ----------- ----------- Deputy Chief APPROX ANN 46,931 47,400 47,869 48,338 48,808 49,277 APPROX MO 3,911 3.950 3,989 4,028 4,067 4,106 ACTUAL BI-M 1 ,955.44 1,974.99 1 ,994.55 2,014.10 2,033.66 2,053.21 APPROXlHR 22.56 : 22.79 23.01 23.24 23.47 23.69