HomeMy WebLinkAboutIAFF LOCAL 437 CHIEF OFFICERS, 1990
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LABOR AGREEMENT
BY AND BETWEEN
THE CITY OF BREMERTON
and
INTERNATIONAL FIRE FIGHTERS LOCAL 437
CHIEF OFFICERS
January 1 1990 through December 31 1990
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ARTICLE
TABLE OF CONTENTS
PAGE NO.
1
PREAMBLE
1
2 NON-DISCRIMINATION
2.1 Non-Discirminatory Application
2.2 Discrimination Allegations
2.3 Non-Discrimination - Union Activity
3 .RECOGNITION
2
4 UNION DUES
4.1 Dues Deductions
4.2 Duration of Authorization
4.3 Equivalent Dues payment
5
UNION ACCESS
5.1 Conduct of Union Business
5.2 Union Representatives
5.3 union Bulletin Boards
3
6 WAGES
7 HOURS OF WORK
7.1 Normal Hours of Work
7.2 On Call Duty Chief
8
VACATION LEAVE
8.1 Vacation Accrual
8.2 Vacation Scheduling
8.3 Maximum Vacation Accrual
8.4 Vacation Buy-back
8.5 Vacation Pay-Out
HOLIDAYS
9.1 Holidays Observed.
9.2 Floating Holiday
9.3 Holiday Compensation
5
4
9
i
ARTICLE
10
11
PAGE NO.
LEAVE AND INDUSTRIAL DISABILITY
sick Leave Accrual
sick Leave Incentive
sick Leave Retirement Payment
Payment of sick Leave Upon Death
Sick Leave Use
Notification of Sick Leave Use
sick Leave Documentation and Approval
Industrial Disability and Limiation of Sick
Leave Use for LEOFF I Employees
10.9 Industrial Disability Leave for LEOFF II
Employees
10.10 Disability Leave Supplement for LEOFF II
Employees
10.11 Alternative Work Assignments for Employees on
Industrial Disability
SICK
10.1
10.2
10.3
10.4
10.5
10.6
10.7
10.8
OTHER
11.1
11.2
11.3
LEAVE
Bereavement Leave
Jury Duty, witness
Emergency Leave
and Military Duty Leave
12 RETIREMENT BENEFITS
13
INSURANCE BENEFITS
13.1 Medical Insurance
13.2 Dental Insurance
13.3 Insurance Reserves, Rebates and Surpluses
14 CLOTHING AND UNIFORM CLEANING ALLOWANCE
14.1 Purchase of Uniforms
14.2 Uniform Cleaning Allowance
15
PERSONNEL PRACTICES
15.1 Definitions
15.2 Promotions and Vacancies
15.3 Probationary Evaluations
15.4 Career counselling
15.5 Rights and Privileges
16
GRIEVANCE PROCEDURE
16.1 Definitions
16.2 step 1
16.3 Step 2
16.4 Step 3
16.5 Powers and Duties of the Arbitrator
16.6 Costs of Arbitration
16.7 Time Limits
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6
7
8
9
10
11
12
13
ARTICLE
PAGE NO.
17 SEVERABILITY
18 ENTIRE AGREEMENT
19 CONFLICTING PROVISIONS
20 TERM
APPENDIX A WAGE RATES
14
APPENDIX
iii
LABOR AGREEMENT BY AND BETWEEN
THE
CITY OF BREMERTON
and
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 437
CHIEF OFFICERS
January 1, 1990 through December 31, 1990
ART I CLE 1. PREAMBLE
This Agreement is made and entered into pursuant to the provisions
of RCW Chapter 41.56 by and between the city of Bremerton, a
municipal corporation of the State of Washington, hereinafter known
as the "City", and the International Association of 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 2. NON-DISCRIMINATION
2.1 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.
2.2 Discrimination Alleqations: An employee who believes that he
or she has been the subject of unlawful discrimination prohibited
in 2.1 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.
2.3 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.
ARTICLE 3. RECOGNITION
The city recognizes the Union as the sole and exclusive bargaining
representative for the purpose of negotiations concernfng 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 4. UNION DUES
4.1 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.
4.2 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.
4.3 Equivalent Dues Payment: An employee who revokes his or h~r
written authorization to deduct dues or who refuses tq 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 agre'ed to by the Union and the employee. The
employee shall provide written evidence to the Union that such
contributions have been made.
ARTICLE 5. UNION ACCESS
5.1 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.
5.2 Union Reoresentati ves: The Union shall provide written notice
to the City of the names of the officials authorized to' represent
the Union immediately upon their election or appointment. The city
will provide reasonable access to City premises to such authorized
representatives for the purpose of handling grievances and other
legitimate Union business provided that such access does not
interfere wi th the work and duties of Union employee
representatives or of other on-duty employees.
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5.3 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.
ARTICLE 6 - WAGES: Wages shall be paid as set forth in Appendix
A.
ARTICLE 7 - HOURS OF WORK
7.1 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.
7.2 On Call Dutv 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.
ARTICLE 8 - VACATION LEAVE
8.1 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 Emclovment
Date of Hire through
5 years
6th year
7th year
8th year
9th year
lOth 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
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8.2 Vacation Schedulinq: Annual vacation leave shall be
authorized by the Fire Chief or the Chief's designee. Personnel
shall schedule vacation leave by mutual agreement of the employee
and the Fire Chief or the Chief's designee.
8.3 Maximum Vacation Accrual: The maximum number of vacation
accrual hours that any employee shall be allowed to carry forward
from one calendar year to the next is as follows:
Years of
continuous Emolovment
o through Five (5) years
More than Five (5) years
Maximum Balance
160 hours
240 hours
In the event an employee has been prohibited from taking sufficient
vacation time to reduce his or her vacation balance to the maximum
allowable carryover at the end of a calendar year, the excess hours
shall be paid out in cash at the employee's straight time hourly
rate unless the City Council approves an extension of the time
period beyond the end of the calendar year during 'which the
employee must take all vacation hours which exceed the maximum
allowable carryover. An employee who fails to request scheduled
vacation time during the year and who's accrued vacation hours
exceed the maximum carryover balance and the end of the calendar
year shall forfeit such excess vacation hours.
8.4 Vacation Buv-back: Upon the approval of the Fire Chief, an
employee may receive cash compensation at the employee's straight
time hourly rate for any accrued and unused vacation time.
8.5 Vacation Pay-out: Upon the retirement or termination of an
employee who has served six (6) continuous full months of
employment or more, or upon the date of an employee's disability
retirement, the accrued vacation hours of such an employee will be
paid to the employee in a cash lump sum payment.
ARTICLE 9 - HOLIDAYS
9.1 Holidays Observed: The following holidays shall be observed
by the City:
New Year's Day
Martin Luther King's Birthday
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas
In addition, any other holiday legally proclaimed by the
Federal or state government, provided that the City takes official
action to have such holiday also observed by the City.
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9.2 Floatinq Hol idav: Each employee shall be allowed one
additional holiday to be observed by the employee on a day mutually
agreeable to the employee and the Fire Chief.
9.3 Holidav Compensation: Non-shift personnel shall receive eight
(8) hours of time off with pay for each holiday observed by the
City and for a floating holiday of each employee's choice. If a
holiday observed by the City falls on a Saturday, the holiday will
be observed on the preceding Friday. If a holiday falls on a
Sunday, the holiday will be observed on the following Monday.
ARTICLE 10 - SICK LEAVE AND INDUSTRIAL DISABILITY
10.1 sick Leave Accrual: sick leave shall be ganted on the basis
of one hundred (100) hours per year. sick leave balances shall be
raised to one hundred (100) hours annually at the beginning of each
calendar year and no additional sick leave shall accrue during the
year. There shall be no accumulation or carryover of sick leave
balances into the next calendar year.
10.2 sick Leave Incentive: Personnel who take thirty-two (32)
hours or less of sick leave in the calendar year, shall have eight
(8) hours added to his or her vacation leave balance at the
beginning of the following calendar year.
10.3 sick Leave Retirement PaYment: An employee who retires from
City service on a service or disability retirement shall be
provided a Sick Leave Retirement Payment of thirty-five 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 employee's
banked sick time will be paid to the employee at the employee's
regular hourly wage rate in effect at the time of retirement.
10.4 PaYment of sick Leave Upon Death: In the event of the death
of an employee, the employee's estate shall be paid for the total
accrued and unused sick leave hours at the. employee I s regular
hourly wage rate in effect at the time of death up to a maximum of
960 hours.
10.5 Sick Leave Use: Sick leave must be accrued prior to use by
an employee. Sick leave. shall be made available to each employee
up to the amount of each employee's accrued sick leave balance and
shall be used in increments of no less than one-half hour to cover
an employee's absence from his or her regularly scheduled work
hours due to:
A. The temporary disability of an employee resulting from
his or her personal illness or injury.
B. Providing care for an employee's children under the age
of 18 when they have a health condition that requires supervision
or treatment.
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c. Attending medical, dental and/or oculist appointments as
needed for preventive or rehabilitative health care of the employee
or the employee's children when such care requires parental
presence to supervise or authorize treatment.
10.6 Notification of sick Leave Use: An employee who is absent
or expects to be absent from work due to causes specified in 10.5
above, shall provide notification as follows:
A. Routine Appointments: An employee who schedules a routine
medical, dental or oculist appointment shall make every reasonable
effort to schedule such an appointment at a time which will cause
the least interference with the employee's work hours and duties.
The employee shall give prior notice of the date and time of the
appointment to his or her immediate supervisor. An employee's
immediate supervisor may request that the employee reschedule
routine appointments when, in the judgment of the supervisor, the
scheduled absence of the employee would unduly interfere with the
operations of the Department. An immediate supervisor shall not
unreasonably deny an employee sick leave with pay for routine
medical, dental or oculist appointments.
B. Unanticipated Absence: An employee who is absent from
work or will be unable to report to work as scheduled due to
personal illness or injury, or for other causes specified in 10.5
above, shall promptly notify the department by telephone or
otherwise by 0800 of the day of his or her absence.
c. sick Leave during 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 request the
conversion of such paid leave to sick leave with pay by promptly
notifying the department of the illness or injury and providing
such information as is required by the department to verify the
appropriateness of such a conversion.
10.7 Sick Leave Documentation and Approval: An employee who has
been absent on sick leave shall, within thirty-six hours after
returning to work, submit such forms and provide such information
as are required by the Department to approve the use of sick leave
with pay for the absence. The Department may require an employee
to demonstrate that he or she has sought treatment, taken
appropriate precautions or otherwise effected measures to correct
the condition causing the employee's absence. Such demonstrations
may take the form of personal statements of the employee, medical
examinations or certifications of appropriate professionals, or
other methods appropriate to the circumstances.
The Department may require an employee to provide certification by
a professional physician that the employee is sufficiently
recovered as to be able to return to work without posing a health
hazard to himself or herself or to other members of the workforce.
Sick leave must be approved by the Department prior to paYment.
The Department shall not unreasonably withhold approval of sick
leave with pay from employees.
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10.8 Industrial Disability and Limitation of Sick Lea~e Use for
LEOFF I Employees: An employee who qualifies for and is included
in the Washington state Retirement System commonly referred to as
"LEOFF I", shall have his or her use of sick leave with pay limited
to six days of sick leave with pay for each personal or 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 employee's
disability extends beyond a period of six (6) full months and six
(6) days, the employee shall apply for disability retirement
benefits provided through LEOFF I. The employee I s accrued and
unused sick leave hours shall not be used to extend the period of
disability beyond six months and six days.
10.9 Industrial Disabilitv Leave for LEOFF II Emplovees: An
employee who qualifies for and is included in the Washington state
Retirement System commonly referred to as "LEOFF II", and who
incurs a work-related illness or injury shall be provided with such
compensation as is made available through Workers' Compensation
time-loss benefits.
10.10 Disabilitv . 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 benefits will
result in an employee receiving the same pay he or she would have
received for full time active service, taking into account that
Workers' Compensation payments are not subject to federal or 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 benefits and
shall be paid as follows:
A. One-half of the amount of the supplement shall be charged
against the accrued sick leave of the employee up to the point
where 48 hours of sick leave remain. If an employee has no accrued
sick leave at the time of injury or illness which entitles 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 portion of
disability leave supplement prescribed by subsection (B) of this
section.
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 hours of the
employee's sick leave remains. 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 'supp1ement
which is required to make up the difference between the minimum
sick leave of 48 hours and the employee's full time active pay,
(taking into account that Workers' Compensation benefits are not
subject to federal or social security taxes) for a period not to
exceed six (6) months from the date of injury or illness.
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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.
10.11 Alternative Work Assianments for Emplovees 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 11 - OTHER LEAVE
11.1 .Bereavement Leave: An employee will be granted three (3)
days of bereavement leave for attending funerals in the state of
Washington and five (5) days for out of state funerals of members
of the employee's immediate family. Immediate family shall be
defined as spouse, child, stepchild, mother, father, motper/father
in-law, brother, sister, bother/sister in-law, grandparents of -both
the employee and the employee I s spouse. All time off for
bereavement leave shall be charged against an employee's
vacation/holiday, sick leave or compensatory time leave balance at
the option of the employee.
11.2 Jurv Dutv. Witness and Militarv 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.
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11.3 EmergencY Leave: In the event of an unforeseen emergency
which requires the absence of an employee such as the illness,
injury or death of a member of an employee's immediate family, the
employee shall notify his or her immediate supervisor as soon as
possible of the required absence. Such emergency leave shall be
charged to an employee's unused vacation/holiday or compensatory
time leave balance.
ARTICLE 12 - RETIREMENT BENEFITS
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 13 - INSURANCE BENEFITS
13.1 Medical Insurance: The City shall make medical insurance
coverage available to employees and their dependents and provide
for paYment of insurance premiums as follows:
Monthly Mo Premium Mo Premium Plan
Premium Amount Paid Amount Paid Co-Pays
Member Amount by city bv Employee Paid
~
Kitsap Physicians' Service - Plan A
LEOFF I
Employee 153.29 153.29 -D- eity
LEOFF II
Employee 112.69 112.69 -0- city
Kitsap Physicians' Service - Plan B
REGULAR and Dependents
Employee 98.14
Spouse 109.64
1st Dependent 52.20
2nd+Dependent(s) 41.67
98.14
109.64
52.20
41.67
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-0-
-0-
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Employee
Employee
Employee
Employee
LEOFFI Employee
Employee
Spouse
1st Dependent
Ea Addt'l Dep
131.68
102.14
102.14
52.25
52.25
G"ROUP HEALTH
131.68
102.14
102.14
52.25
52.25
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-0-
-0-
-0-
-0-
Employee
Employee
:Employee
'Employee
Employee
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13.2 Dental Insurance: The City shall make the Washington Dental
Service Plan A dental insurance coverage available to employees and
their dependents and provide for payment of insurance premiums as
follows: The city shall pay $21.80 per month for employee only
dental insurance coverage; $41.25 per month for employee plus one
dependent dental insurance coverage: and $65.80 per month for
employee plus two or more dependents coverage.
13.3 Insurance Reserves. Rebates and Surpluses: The city shall
require the KPS medical plan provider to provide a structured
accounting to the City at least annually. Such accounting shall
include plan utilizations, all reserve accounts maintained for the
plan, interest earned on reserves, administration costs and
coinsurance (pooling) costs. This accounting shall be made
available to the 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 above the 1990
premium levels.
ARTICLE 14 - CLOTHING AND UNIFORM CLEANING ALLOWANCE
14.1 Purchase of Uniforms: The City shall purchase new and
replacement uniforms required by Fire Department regulations for
each employee. Employees shall abide by such rules and regulations
as are established by the Department in selecting and,obtaining
their uniforms. All uniforms paid for by the Fire Department
remain the property of the city.
14.2 Uniform Cleaning Allowance: Each employee required to wear
a uniform pursuant to Fire Department regulations shall receive a
uniform cleaning allowance of two hundred fifty ($250) dollars per
year for uniform maintenance. The allowance shall be paid during
the month of January. An employee hired subsequent to the first
of the year shall receive a pro-rata cleaning allowance payment.
In the event that the city secures a cleaning contraqt with an
independent Cleaning company, no uniform allowance will .be paid to
employees.
ARTICLE 15 - PERSONNEL PRACTICES
15.1 Definitions: For the purpose of interpreting the provisions
of this agreement, the following definitions shall apply:
A. Probationary Emplovee: An employee serving a twelve-
month period commencing upon the initial date of ~ire as a
permanent employee during which the employee may be discharged at
the sole discretion of the City, consistent with applicable
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Civil Service Rules and Regulations and without recourse to the
grievance procedure.
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 4iscretion
of the City, consistent with applicable civil service Rules and
Regulations and without recourse to the grievance procedure.
c. LEOFF I Emplovee: An employee who qualifies for and is
a member of the Washington state Retirement system commonly known
as "LEOFF I'I.
D. LEOFF II Emplovee: An employee who qualifies for and is
a member of the Washington state Retirement System comm0nly known
as IILEOFF 1111.
15.2 Promotions and Vacancies: All personnel reduction~, filling
of vacancies and promotions shall be handled in acpord with
existing civil Service Rules and Regulations and shal.l not be
subject to the grievance procedure.
15.3 Probationary Evaluations: A written monthly evaluation shall
be given to each employee during his or her probationary period.
The evaluation will be used to show an employee's progress and/or
areas of deficiency in performing job functions. An employee shall
be provided a reasonable time to correct deficiencies' prior to
termination of an original probationer, or reduction of a
promotional probationer. A promotional probationer who 1s removed
for inability to perform shall have displacement rights under Civil
service Layoff and Reduction rules provided, however, the
promotional probationer shall have the right to return to his or
her former class regardless of whether a vacancy exists. Provided
further, however, nothing in this section shall prohibit the city
from terminating or demoting a promotional probationary employee
for good cause in conformance with Civil service Rules.
15.4 Career Counsellina: An employee who is not selected 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 to improve
his or her qualifications and skills for future promotional
opportunities. .
15.5 Riahts and privileqes: 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 erfect during the life of this ~greement.
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.
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ARTICLE 16 - GRIEVANCE PROCEDURE
16.1 Definitions:
A. Grievance: A grievance is an allegation of a violation
of the terms and conditions of this agreement which is to be
resolved through this Grievance Procedure.
B. Civil Service ADpeal: An appeal is an allegation of a
violation of the civil Service Rules which is to be resolved
through the civil service Appeals procedure and is not resolvable
through this Grievance Procedure.
C. Unfair Labor Practice: An Unfair Labor Practice charge
is an allegation of a violation of the Washington State statutes
governing public employment labor relations which is to be resolved
through the Public Employment Relations commission I s rules and
regulations and is not resolvable through this Grievance Procedure.
16.2 STEP 1: An employee who believes that the terms and
conditions of this Agreement have bee violated shall reduce the
grievance to wirign and shall state: the section (or sections) of
this agreement which is alleged to have been violated; an
explanation of the grievance in detail, including dates, actions
and such other information necessary to a full investigation of
the facts and circumstances giving rise to the grievance; and the
remedy sought. The employee shall have the right to be assisted
by an authorized Union representative in reducing his or her
grievance to writing. The employee shall present the written
grievance to the Fire Chief within fourteen (14) calendar days of
the date the employee could reasonably have been expected to know
of such action. The Fire Chief shall meet with the employee and
the employee's Union Representative within fourteen (14) calendar
days after receipt of the written grievance. The Fire Chief shall
reduce his or her decision to writing and shall transmit the
decision to the employee with a copy to the Union representative
within fourteen (14) calendar days of meeting with the employee and
the Union representative.
16.3 STEP 2: In the event that the Fire Chief does not 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 the decision
to the Union.
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16.4 STEP J: 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.
16.5 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. '
16.6 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.
16.7 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 17 - SEVERABILITY
In the event that any provision of this Agreement is held invalid
by operation of law or by any tribunal of competent jurisdiction,
or if compliance with or enforcement of any Article should be/~
restrained by such tribunal pending a final determination as to
its validity, the remaining provisions of this Agreement shall not
be held invalid and shall remain in full force and effect. The
Union and the City shall immediately meet and attempt to
renegotiate any provision found invalid.
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~RTICLE 18 - ENTI~g AGREEMEN~
The Unio~ and the City acknowledge that each has had the an:imited
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 t.he Union each voluntarily and
unqualifiedly agree to waive the right to oblige the other party to
bargain wi th 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.
!iRTIQL~J..~__-=__CONFLICTING 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 prevai1.
~R7ICLE 20 - TERM
7he terms of this Agreement shall be in effect upon January 1 :990
and shall remain in effect through December 31 1990. Negotiatio~s
for a 1991 agreement shall commence no later than September 16
1990.
This agreement is hereby submitted to the Bremerton City Coune::
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.
:JATED THIS $1....,(day of ~ ,1990
.~ OF ~REM~ON' 17 rA~~ LOCAL
~hL~~'~
?ersonnel Director
ATTES'!':
~...~ _ ~Ul..~
~ath:een McCluskey
City C:erk
TO FORM:
Ian R. Sievers
City Attorney
-14-
POSITION
-----------------
f
Deputy Chief
BASE
APPROX ANN
APPRO X MO
ACTUAL BI-MO
APPROX/HR
BASE RATE
44,066.23
3,672.19
1,836.09
21.19
APPENDIX A
SFFECTIVE JANUARY :. :990
:'ONGEVITY SCA:'E
BASE + 1% BASE + 2% BASE + 3% BASE + 4%
6-10TH YRS ii-15TH YRS I6-20TH YRS 21+ YRS
---------- ----------- ------~---- -----------
44,506.89
3,708.91
1,654.45
21.40
44,947.56
3,745.63
1,872.8::'
21. 61
45,388.22
3,782.35
::',89:.18
21.82
45,828.86
3,819.07
1,909.54
22.03