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HomeMy WebLinkAboutIAFF LOCAL 437 CHIEF OFFICERS, 1989 LABOR AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL #437 CHIEF OFFICERS January 1, 1989 through December 31, 1989 ARTICLE 1. PREAMBLE This agreement is made and entered into pursuant to the provlslons of RCW 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 #437, Chief Officers, he~einafter known as the "Union" for the purpose of setting forth the wages, hours and other terms of this agreement for employees included in the bargaining unit described in Article 3 below. ARTICLE 2. NON-DISCRIMINATION 2.1 Non-Discriminatory Application: The provlslons 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, political affiliation; or mental, physical or sensory handicap, unless based upon a bona fide occupational qualification. 2.2 Discrimination Allegations: 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 investigations in such matters and shall not process such complaints through the Grievance Procedure of this Agreement. 2.3 Non-Discrimination - Union Activitv: 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 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 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 authorization will remain in effect during the term of this agreement unless an employee revokes authorization by proyiding written notice to the City. The city will notify the Union of all revoked authorizations received by the City. 4.3 Eauivalent Dues Payment: An employee who revokes his or her written authorization to deduct dues or who refused 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 employee and the Union. 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 the Fire Department facilities provided that such meetings do not interfere with Fire Department emergency operations. 5.2 Union Re9resentati ves: The Union shall provide written, notice to the Ci ty 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 with the work and duties of Union employee representatives or of other on-duty employees. ARTICLE 6. WAGES 6.1 Monthly Waqe Rates: Monthly wages shall be paid as set forth in Appendix A which is incorporated herein and made a part here of. 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 9. VACATION LEAVE 9.1 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 Days Accrued/Year Full Time Emoloynlent 6th year 15 working days 7th year 16 working days 8th year 17 working days 9th year 18 working days 10th year 19 working days 11th year 20 working days 12th year 21 working days 13th year 22 working days 14th year 23 working days 15th year 24 working days 16th year 25 working days 17th year and thereafter 26 working days 9.2 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. 9.3 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 Employment 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. 9.4 Vacation Buy-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. 9.5 Vacation Pay-out: Upon retirement, termination 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 10 HOLIDAYS 10.1 Holidays Observed: city: New Year's Day Martin Luther King President's Day Memorial Day Independence Day The following holidays shall be observed by the Jr. 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. 10.2 Floatinq Holidav: 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. 10.3 Holiday Compensation: 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 the holiday observed by the city falls on a Saturday, the holiday will be observed on the preceding Friday. If the holiday falls on a Sunday, the holiday will be observed on the following Monday. ARTICLE 11 SICK LEAVE AND INDUSTRIAL DISABILITY 11.1 sick Leave Accrual: Sick leave shall be granted 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 budget year and no addi tional sick leave shall accrue during .the year. There shall be no accumulation or carryover of sick leave balances into the next year. 11.2 Sick Leave Incentives: 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. 11.3 Sick Leave Retirement PaYment: An employee who retires from city service on a service or disability retirement or an employee who dies 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 the employee's banked sick time will be paid to the employee or the employee's estate at the employee's regular hourly rate in effect at the time of retirement. 11.4 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. 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. 11.5 Notification of sick Leave Use: An employee who is absent or expects to be absent from work due to causes specified in 11.4 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 jUdgement 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 medial, dental or oculist appointments. B. Unanticipated Absences: 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 11.5 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 os such 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. 11.6 sick Leave Documentation and Aporoval: An employee who has been absent on sick leave shall, within thirty-six hours after returning to work, submi t 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 conditions 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. 11.7 Industrial Disability and Limitation of sick Leave 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 limited to six (6) 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 (6) 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) months and six (6) days, the employee shall apply for disability retirement benefits provided through LEOFF I. The employee's accrued and unused sick leave hours shall not be used to extend the period of disability beyond six months and six days. 11.8 Industrial Disability Leave for LEOFF II Employees: 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. 11.9 Disability Leave Supplement for LEOFF II Emplovees: 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 Worker's compensation benefits and shall be paid as follows. A. One-half the amount of the supplement shall be charged against the sick leave of the employee up to the point where 48 hours of sick leave remain. If an employee has no sick leave at the time of injury or illness which entitles him or her to Workers' Compensation benefits, or if 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 supplement 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. 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 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. 11.10 Alternative Work Assianments Employees on Industrial Disabilitv: 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 12. OTHER PAID LEAVE 12.1 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, mother/father in-law, ,brother, sister, brother/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 or sick leave balance at the option of the employee. 12.2 Jury Dutv. witness and Military Duty 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. 12.3 Emergencv Leave: In the event of an unforeseen emergency which requires the absence of an employee such as 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 leave balance. ARTICLE 13 RETIREMENT BENEFITS Each employee shall be enrolled in the Washtngton State Retirement System for which he or she qualifies. Only for the purpose 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 14 INSURANCE BENEFITS 14.1 Medical Insurance: The employer shall provide medical coverage for employees in accordance wi th the laws of the State of Washington. The Employer shall pay the full cost of the monthly premiums of coverage through the Association of Washington cities Group Medical Plan A for full-time, active, eligible employees. Dependent coverage shall be covered by the AWC Medical Plan B and the Employer shall pay the full cost of the monthly premium. 14.2 Dental Insurance: The City shall make the Washington Dental Service Plan A dental insurance coverage available to employees and their dependen~s and shall pay the full cost of the monthly premium. 14.3 Alteration of Insurance Benefits: The City intends to evaluate alternative insurance benefit policies during the term of this agreement. The ci ty will continue to pay the full premiums for the employees and their dependents of existing health and dental insurance policies provided through AWC Benefit Trust for as long as the existing plans are in effect. New replacement and/or continuance of current insurance benefits and policies and the City's premium contributions for employees and their dependents will be negotiated with the union as soon as appropriate information resulting from the City's evaluation of insurance benefits is available. ARTICLE 15 CLOTHING AND UNIFORM ALLOWANCE 15.1 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. 15.2 Uniform Cleaninq Allowance: Each employee required to wear a uniform pursuant to Fire Department regulations shall receive a uniform cleaning allowance of five hundred ($250) dollars per year for uniform maintenance. The allowance shall be paid during the month of J~nuary. In the event that the City secures a cleaning contract with an independent cleaning company, no uniform allowance will be paid to employees. ARTICLE 16 PERSONNEL PRACTICES 16.1 Definitions: For the purpose of interpreting the provisions of this agreement, the following definitions shall apply: A. 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 her previous classification at the time of appointment at the sole discretion of the City, consistent with applicable Civil Service Rules and Regulations and without recourse to the grievance procedure. B. LEOFF I Emplovee: An employee who qualifies for and is a member of the Washington State Retirement System commonly known as LEOFF I. 16.2 Promotions and Vacancies: All personnel reductions, filling of vacancies and promotions shall be handled in accord with existing civil Service Rules and Regulations and shall not be subject to the grievance procedure. 16.3 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 reduction of promotional probationer. A promotional probationer who is removed for inability to perform 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. 16.4 Career Counselinq: An employee who is not selected for a promotional appointment from an eligible register may request career development counseling 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. 16.5 Rights and Privileaes: 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 city 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 17 GRIEVANCE PROCEDURE 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 A'D'Deal: violation of the civil Service Rules Civil Service Appeals procedure and is 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's rules and regulations and is not resolvable through this Grievance Procedure. . 17.1 An appeal is an allegation of a which is to be resolved through the not resolvable through this Grievance 17.2 STEP 1: An employee who believes that the terms and conditions of this Agreement have been violated shall reduce the grievance to writing 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 upon which 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) days after receipt of the written grievance for the purpose of considering the matter. 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. 17.3 STEP 2: In the event that the Fire Chief does not resolve the grievance to the satisfaction of the employee at step 1 of the 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. 17.4 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 Pers.onnel. 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 arbi trator by mutual 'agreement or through a mutually agreeable process. 17.5 STEP 4: 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. 17.6 STEP 5: Cost of Arbitration: The expense 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. 17.7 STEP 6: 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 18 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 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. ARTICLE 19 ENTIRE AGREEMENT 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, except as mutually agreed upon. ARTICLE 20 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 prevail. ARTICLE 21 TERM The terms of this agreement shall be in effect upon January 1, 1989 and shall remain in effect through December 31, 1989. This agreement is hereby submitted to the Bremerton City Council by the City Representative and the Association Representative(s) for the Council's consideration and approval. Upon approval, this agreement shall become binding upon the City, the Association, and all the Employees in the bargaining unit covered by this agreement. FOR THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL #437 - EXECUTED ON BEHALF OF THE CITY: (k-.pt ~ President ~/4 ~e Lobe, Mayor -4f~ jj~/~ ATTEST: \.<-"- ~ (\b (Q. . / Kathleen McClusky City Clerk FOR THE CITY OF BREMERTON &kYllMJJIL Caroline Marshall Director of Personnel APPENDIX A: WAGE RATES January, 1, 1989 LONGEVITY SCALE POSITION BASE 6-10yr 11-15yr 16-20yr 21+vr Deputy Approx. Annual 41,968 42,388 42,807 43,227 43,647 Chief Approx. Monthly 3,497 3,532 3,567 3,602 3,637 ACTUAL BI-MONTHLY 1,748.66 1,766.15 1,783.63 1,801.12 1,818.61 Approx. Hourly 20.18 20.38 20.58 20.78 20.98 -.-. '\