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FIREFIGHTERS LOCAL #437
COLLECTIVE BARGAINING AGREEMENT
HUMAN RESOURCES
EMP
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Insurance
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01/01/1989
12/31/2004
02/15/2005
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Insurance Total
Insurance Review Date
$0.00
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FIREFIGHTERS LOCAL #437
COLLECTIVE BARGAINING AGREEMENT
HUMAN RESOURCES
EMP
Insurance
Type Amount
Amount
Begin Date
End Date
Review Date
Insurance Total
Insurance Review Date
Carol S. Conley, Director
345 Sixth Street, Suite 600
Bremerton, WA 98337-1873
Telephone: 360-473-5846
Fax: 360-473-2333
'Carol. Conley@ci.bremerton. wa. us
Human Resources Department
LETTER OF UNDERSTANDING
This Letter of Understanding is agreed to pursuant to Article 22, Section 22.2 of the Collective
Bargaining Agreement between the City of Bremerton and the International Association of Fire
Fighters Local 437.
The parties agree that with multi-jurisdictional training on Saturdays, the Chief or Assistant
Chiefwill, as soon as practical:
1) Communicate to the Union, in writing, a non-arbitrary necessity for the training; and
2) Communicate to the Union, in writing, a non-arbitrary necessity for the
training on Saturday (as opposed to any other day).
The determination of the department on items one (1) and two (2) above, shall be subject to the
grievance procedure of the Collective Bargaining Agreement. While such multi-jurisdictional
training may increase the productivity hours for that event, it is not the intent of this agreement to
increase productivity hours as a matter of general policy.
This agreement resolves the dispute between the City of Bremerton and IAFF Local 437 in
PERC Case #191C8-A-C5-l4C7 and #18975-U-04-4829. This agreement was ratified by the
IAFF bargaining unit on May 4,2005.
FOR THE CITY:
FOR THE INTERNATIONAL
ASSOCIATION OF FIRE FIGHTERS
L 437:
(I~~
CAROL S. CO LEY
Director of Human Resources
TODD D. THORSEN
President
~iJk
1f:1~
Vice President
ALLISON DUKE
Fire Chief
)
m.~~.
~
C \A...". 10 IlL., - r "'" ."'~ '4<-j
BREMERTON FIRE DEPARTMENT
Allison Duke '"I Fire Chief
aduke@ci.bremerton.wa.us
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is agreed to pursuant to Article 23.2 of the Labor Agreement
between the City of Bremerton and the International Association of Firefighters Local #437.
Article 16 is hereby amended as follows:
16.9.5 In order to accommodate those bargaining unit employees who are currently enrolled in
an alternative paramedic training program, the City agrees to transfer those shift
employees to non-shift days in order for them to attend paramedic training at Tacoma
Community College. Those employees shall not be assigned to shift work during the
period of this agreement, however, the employee(s) may be transferred back to shift work
at the sole discretion of the Fire Chief.
16.9.6 It shall be understood that those employees shall not be allowed to act in the capacity of
paramedic or utilize those specialized skills while on duty until they are promoted to
FF/Paramedic. No reimbursement for continuing education and other related educational
costs to keep their paramedic certification current after successfully completing the
training program shall be permitted until the employee is officially promoted to the
position of FF/Paramedic. FF/Paramedic positions shall only be filled when there are
vacant, budgeted positions available.
16.9.7 Any employee currently enrolled in alternative paramedic training shall not receive any
retroactive educational reimbursement prior to or after the effective dates of this MOU.
16.9.8 Section 15.7 of Article 15, shall not appiy to those employees who attend alternative
paramedic training while this MOU is in effect.
16.9.9 This MOU covering Article 16, specifically Sections 16.9.5 through 16.9.9 shall only be
effective from April 1, 2004 through June 15, 2004.
ered into on March 29, 2004.
Todd D. Thorsen
Pre . ent IAFF Local 437
Carol Conle
Human Resource Director
"",
/
Allison Duke III
Fire Chief
-
,--
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN
CITY OF BREMERTON
AND
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS
LOCAL No. 437
a.',
,( .
.. :4
January I, 2002 through December 31, 2004
TABLE OF CONTENTS
TO THE
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN
CITY OF BREMERTON
AND INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 437
JANUARY 1, 2002 THROUGH DECEMBER 31, 2004
PREAMBLE ................................................................................................................................... 4
ARTICLE 1 NON:DISCRIMINATION ......................................................................... 4
ARTICLE 2 RECOGNITION ......................................................................................... 4
ARTICLE 3 UNION DUES ............................................................................................ 5
ARTICLE 4 UNION ACCESS ........................................................................................ 5
ARTICLE 5 WAGES ...................................................................................................... 6
ARTICLE 6 HOURS OF WORK .................................................................................... 9
ARTICLE 7 OVERTIME ............................................................................................. 10
ARTICLE 8 VACATION LEAVE ............................................................................... 13
ARTICLE 9 HOLIDAYS ............................................................................................. 16
ARTICLE 10 SICK LEAVE AND INDUSTRIAL DISABILITY ................................ 17
ARTICLE 11 OTHER LEAVE ...................................................................................... 21
COLLECTIVE BARGAINING AGREEMENT PAGE 2
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1, 2002 --December 31,2004
ARTICLE 12 RETIREMENT BENEFITS ..................................................................... 22
ARTICLE 13 INSURANCE BENEFITS ....................................................................... 23
ARTICLE 14 CLOTHING AND UNIFORM CLEANING ALLOWANCE ................ 24
ARTICLE 15 PERSONNEL PRACTICES .................................................................... 24
ARTICLE 16 PROMOTIONAL EXAMS ..................................................................... 26
ARTICLE 17 GRIEVANCE PROCEDURE .................................................................. 29
ARTICLE 18 SEVERABILTY ...................................................................................... 31
ARTICLE 19 ENTIRE AGREEMENT .......................................................................... 31
ARTICLE 20 CONFLICTING PROVISIONS .............................................................. 31
ARTICLE 21 DRUG FREE WORKPLACE .................................................................. 31
ARTICLE 22 DEFERRED COMPENSATION ............................................................. 36
ARTICLE 23 LABOR MANAGEMENT COMMITTEE ............................................. 37
ARTICLE 24 TEMPORARY FIREFIGHTER PROGRAM ......................................... 37
ARTICLE 25 PHYSICAL FITNESS PROGRAM ........................................................ 37
ARTICLE 26 TOBACCO FREE WORKPLACE .......................................................... 37
ARTICLE 27 DISCIPLINARY ACTION ...................................................................... 37
ARTICLE 28 TERM ...................................................................................................... 38
APPENDIX A .................................................................................................................. 39
COLLECTIVE BARGAINING AGREEMENT PAGE 3
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1, 2002 --December 31, 2004
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN
CITY OF BREMERTON
AND
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 437
JANUARY 1, 2002 THROUGH DECEMBER 31, 2004
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN
CITY OF BREMERTON
AND
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 437
January 1, 2002 through December 31, 2004
PREAMBLE
This Agreement is made and entered into pursuant to the provisions of RCW Chapter 41.56 by
and between the City of Bremcrton, a municipal corporation of the State of Washington,
hereinafter known as the "City", and the International Association of Fire Fighters, Local No.
437, hereinafter known as the "Union" for the purpose of se~ting forth the wages, hours and
working conditions which shall be in effect during the term of this agreement for employees
included in the bargaining unit described in Article 2 below.
ARTICLE 1 NON-DISCRIMINATION
1.1 NON-DISCRIMINATORY 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, mental, physical or sensory disability , unless based
upon a bona fide occupational qualification.
1.2 DISCRIMINATION ALLEGATIONS: An employee who believes that he or she
has been the subject of unlawful discrimination prohibited in Section 1.1 above
shall seek relief through thc appropriate local, 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 the
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 the Agreement.
ARTICLE 2 RECOGNITION
2.1 The City recognizes the Union as the sole and exclusive bargaining representative
for the purpose of negotiations concerning wages, hours and working conditions for
COLLECTIVE BARGAINING AGREEMENT PAGE 4
BY AND BETWEEN THE CITY OF BREMERTON and 1AFF LOCAL 437
January 1,2002 --December 31,2004
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 by mutual
agreement of both parties.
ARTICLE 3 UNION DUES
3.1 DUES DEDUCTIONS: The City will deduct monthly Union dues and initiation
fees tmiformly required of membc~rship 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 thirty (30) days written notice to the City and the Union.
3.3 EQUIVALENT DUES PAYMENT: An employee who revokes his or h~r 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.
3.4 INDEMNIFICATION: The Union shall indemnify and hold the City harmless
from any and all liability resulting from the administration of this Article.
ARTICLE 4 UNION ACCESS
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 operations.
4.2 UNION REPRESENTATIVES: 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
with the work and duties of Union employee representatives or other on-duty
employees.
4.3 UNION REPRESENTATIVES RELEASE TIME: The Fire Chief or designee
shall grant the three (3) primary Union officers time off with pay pursuant to
Section 4.2, not to exceed 72 hours each, annually, for the following meetings and
conferences:
COLLECTIVE BARGAINING AGREEMENT PAGE 5
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1,2002 --December 31,2004
WSCFF Legislative
WSCFF Spring Education Seminar
WSCFF Annual Convention
IAFF Bi-annual Conference (President only)
4.4 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. The City shall provide a designated,
mutually agreeable accessible and convenient location for installation of bulletin
boards at each fire station. The Union will purchase uniform, jointly specified
bulletin boards for each station. The bulletin boards will be for the exclusive use of
the Union. Only those items specifically approved by the Union will be posted.
ARTICLE $ WAGES
5.1 Effective January 1, 2002, wages shall be as identified in Appendix A, which
reflects an increase of 3.9% over 2001wages.
5.2 Effective January 1, 2003, wages shall be as identified in Appendix A, which shall
reflect an increase of 2.5% above 2002 wages.
5.3 Effective January 1, 2004, wages shall be identified in Appendix A, which shall
reflect an increase based upon 90% of the CPI-W for the Seattle/Taeoma/Bremerton
area as of June 30, 2003, with a minimum of no less than 2% and a maximum of no
more than 7%.
5.4 Effective January 1, 2004, the longevity schedule for members of the bargaining
unit shall be as follows:
Completion of 5 years service = 1.25%
Completion of 10 years service = 2.5°/3
Completion of 15 years service = 3.75%
Completion of 20 years service = 5%
Completion of 25 years service = 6.5%
5.5 Advancement through the pay rates from the First Step through the Final Step of
the pay range will occur upon completion of the prescribed number of full year(s)
of continuous employment since the employee's last pay placement, provided,
however that the employee's overall rating on his/her annual evaluation "Meets
Expectations" or "Exceeds Expectations. The City may withhold a step increase for
work performance that does not "meet expectations". A step increase ma,/be
withheld for a maximum of twelve (12) months, during which time the employee will
receive monthly evaluations. The employee's immediate supervisor will notify the
employee in writing of expected failure to meet expectations at least thirty (30) days
COLLECTIVE BARGAINING AGREEMENT PAGE 6
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1, 2002 --December 31,2004
prior to the due date of the work performance evaluation. If such notice is not
provided the step increase will not be withheld. The withholding of a step increase
will not change the employee's current anniversary step date for pay purposes. In the
event that the employee "meets expectations" at one of the monthly evaluations during
the subsequent 12 months, they will receive a step increase effective as of the due date
of that monthly evaluation. It shall be understood that the increase will not be applied
retroactively to the month(s) in which the employee received a rating below "meets
expectations". The denial of a step increase is subject to the grievance procedure.
In the event an employee is on approved leave of absence without pay, the
employee's next wage step advancement date will be extended by the actual
number of days the employee was absent on such leave.
5.6 A new employee shall be hired at the first year step, however, a new employee who
has prior paid work experience as a full time Firefighter or Firefighter/Paramedic in
a fire service which operates a full time emergency fire/medical response service
using paid employees, may be hired at the second year or third year step based upon
relevant years and type of prior experience. Placement at second or third year steps
shall be determined by a review committee consisting of the Fire Chief, Assistant
Chief, and one (1) Union representative.
5.7 A Fire Fighter/Paramedic with no experience shall be hired at the first year step. A
Fire Fighter/Paramedic with one (1) year minimum paid fire experience shall be
hired at the second year step, with their third year step in six (6) months, solely at
the discretion of the Fire Chief.
5.8 A Firefighter/EMT with no experience shall be hired at the first year step. A Fire
Fighter/EMT with one (1) year paid fire experience shall be hired at second year
step, with their third year step in six (6) months solely at the discretion of the Fire
Chief. Any variation from the above will require approval by the review committee
as outlined in section 5.6 of this Article.
5.9 FIRE PREVENTION: An employee who is assigned to perform fire prevention
work shall be compensated at the Firefighter/Fire Prevention base pay rate listed in
Appendix A for the duration of the assignment.
5.10 EQUIPMENT MAINTENANCE OR SELF-CONTAINED BREATHING
APPARATUS (SCBA) MAINTENANCE: An employee who is assigned to
perform either equipment maintenance work or SCBA maintenance work shall be
compensated at the Firefighter/Equipment Maintenance base pay rate listed in
Appendix A for the duration of the assignment.
5.11 ACTING OFFICERS: An employee who serves as an Acting Officer during a
twenty-four (24) hour shift shall be compensated as outlined in section 5.11.1
below. In order to be eligible to serve as an Acting Officer, an employee must be
listed on the City's current appropriate eligible register and must volunteer for the
assignment. The use of Acting Officers will not be used as a permanent alternative
COLLECTIVE BARGAINING AGREEMENT PAGE 7
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1,2002 --December 31, 2004
to hiring a full complement of officers. At least one officer on duty must be
regularly appointed to the position. In the event that two (2) acting Lieutenants are
on duty with a regular Lieutenant, the regularly appointed Lieutenant shall be
assigned to Station 1. In the event an Acting Captain is required, the employees on
the eligible list for Captain shall be contacted first and given the opportunity to fill
the position as needed.
5.11.1 Acting Officers Compensation:
0 through 1 hour No Compensation
After 1 through 4 hours 1 hour of overtime
After 4 through 12 2 hours of overtime
After 12 through 24 hours 2.5 hours of overtime
In no case shall there be more than 2.5 hours of overtime per Acting Officer
position. In the event of a split shift between two (2) employees, the maximum
overtime paid shall be three and one-half (3.5) hours.
5.12 In the event an employee is assigned as an instructor to the Washington State Fire
Service Training Center, the following provisions shall apply for the term of the
assignment:
5.12.1 The employee who is at the rank of Firefighter, Firefighter/Maintenance
and/or Firefighter/Paramedic, shall have their compensation increased to Lieutenant
at the same step in the Lt. pay band. Example: FF/PM at Step 4 would go to Step 4
of Lt. pay band.
5.12.2 If the employee is at the rank of Lieutenant, he/she shall have their
compensation increased to Captain at the same step in the Capt. pay band. Example:
Lt. at Step 4 would go to Step 4 of Capt. pay band.
5.12.3 If the employee is at the rank of Captain, Captain Medical Officer and/or
Captain Fire Marshal, their compensation shall not be increased.
5.12.4 Appendix "A" for Fire Fighter/Paramedic includes a sixth (6th) step. To be
eligible for this step the employee must have completed ten (I0) years continuous
service as a fire Fighter/Paramedic with the City. The sixth step will be two and
one half percent (2.5%) above the fifth step.
5.13 All newly hired employees will utilize automatic deposit of their paychecks during
their term of employment with the City.
5.14 Effective January 1, 2003 the Training Officer position shall be upgraded to
Battalion Chief, and the pay rate for this position shall be five and one-halfpement
(5.5%) above the Captain rate of pay. Testing will be conducted pursuant to Article
15, Section 15.8.1.
COLLECTIVE BARGAINING AGREEMENT PAGE 8
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1,2002 --December 31,2004
5.15 Effective July 1, 2003, the rate of pay for Captain shall be increased by four percent
(4°/O).
5.16 Effective July 1, 2004, the rate of pay for Captain shall be increased by four pement
(4%).
ARTICLE 6 HOURS OF WORK
6.1 NORMAL HOURS OF WORK- SHIFY PERSONNEL: Pursuant to Section 207
(k) o£the FLSA, the work period for shift personnel is 27 days, which is equivalent
to 204 hours. The normal hours of work for shift personnel shall be an average of
50.19 hours per week.
6.2 NORMAL HOURS OF WORK - NON SHIFT PERSONNEL: The normal
hours of work for non-shift personnel shall be 40 hours per week.
6.3 SHIFT WORK SCHEDULES: On or about January 1st of each year, the Fire
Chief shall assign shift personnel to one of three shifts: A, B or C. A shift
assignment for an employee shall be worked as one (1) day (24 hours) on duty
followed by two (2) days (48 hours) off duty, and continuing in that pattern for a
period of eight (8) consecutive on-duty shifts; provided this shall not apply to shift
transfers. The next immediately scheduled shift shall be an off-duty Kelly day (9th
scheduled shift). Shift hours begin at 0800 hours and conclude at 0800 hours each
day. Non-shift personnel shall norn~ally be scheduled to work Monday through
Friday during such hours as are assigned by the Fire Chief.
6.4 BEGINNING OF YEAR TRANSFERS: The Fire Chief may transfer as many
employees as the Chief deems appropriate from one shift or non-shift assignment to
another at the beginning of each calendar year. The Chief shall provide fifteen (15)
days notice of all such transfers.
6.5 MID-YEAR TRANSFERS: During the calendar year, the Fire Chief may transfer
each non-probationary employee once from one shift or non-shift assignment to
another as a permanent assignment or may transfer each non-probationary
employee once on a temporary basis to another shift or non-shift assignment and
subsequently return the employee to his or her original assignment. The Fire Chief
shall provide reasonable prior notice to a transferred employee, provided that
emergency transfers shall be accomplished with such prior notice as is feasible
under the circumstances. An unlimited number of mid-year transfers of non-
probationary employees which are mutually agreed-to in writing between the Fire
Chief and the employee are permitted. The Fire Chief may transfer each
probationary employee an unlimited number of times from one shift or non-shift
assignment to another during the period of probation.
COLLECTIVE BARGAINING AGREEMENT PAGE 9
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January I, 2002 --December 31,2004
6.6 SHIFT AND/OR KELLY DAY EXCHANGES: An employee who has
completed six (6) full months of employment with thc Department may exchange
full or partial shifts or full Kelly Days with another employee of the same
permanent rank provided that: The change does not interfere with the duties and
responsibilities of the employees in their positions, and
6.6.1 Thc immediate supervisors of such employees find that no such interference
will occur as the result of a mutually agreeable exchange.
6.6.2 Shift and/or Kelly Day exchanges in excess of twelve (12) per calendar year
require the prior approval of the Fire Chief or designee. The Fire Chief may
overrule the findings of immediate supervisors in the event that the Department's
service or training needs require specific employees to be on duty during their
assigned shifts. Full Kelly Day exchanges may be granted to employees of
unequal permanent rank who have obtained the prior approval of the Fire Chief or
the Chief's designee. Shift exchanges shall bc considered as substitutions under
FLSA 29 U.S.C. 207 (p), and the City shall have no obligation to keep records of
such exchanges or to revise hours of work to reflect the substitutions.
6.6.3 In thc event an employee is unable to work a shift exchange for any reason
(i.e., sick leave, emergency leave, bereavement leave, jury duty, witness and
military duty leave), the employee shall be responsible to "pay back" the time to
the City within ninety (90) days.
ARTICLE 7 OVERTIME
7. L OVERTIME DEFINED: Overtime is all required and authorized work performed
in excess of an employee's normal work schedule. Overtime includes required
training, instruction, equipment/SCBA repair, callback and other such work which
is required and authorized by the City and is performed during an employee's
normally scheduled off-duty time.
7.2 OVERTIME COMPENSATION: Overtime work shall be compensated at the
rate of one-and-one-half (1-1/2) times an employee's hourly rate in cash or in
compensatory time. The form of overtime compensation shall be at the election of
the employee unless otherwise expressly provided by the terms of this Article.
7.3 HOURLY RATE DEFINED - SHIFI' EMPLOYEE: A shift employee's hourly
rate shall be computed as follows: Semi-monthly wage rate multiplied by twenty-
four (24) pay periods. The result shall be divided by the result of fifty-two (52)
weeks multiplied by the annual average hours per week for shift employees.
7.4 HOURLY RATE DEFINED- NON-SHIFT EMPLOYEE: A non-shift
employee's hourly rate shall be computed as follows: Semi-monthly wage rate
multiplied by twenty-four (24) pay periods. The result shall be divided by the result
COLLECTIVE BARGAINING AGREEMENT PAGE 10
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1,2002 --December 31, 2004
of fifty-two (52) weeks multiplied by forty (40) average hours per week for non-
shift employees.
7.5 CALL BACK OVERTIME: In the event an employee who has left the work place
is called back to duty for a period of time which is less than two (2) hours, the
employee shall receive a minimum of two (2) hours of overtime compensation.
After contact, if the employee is unable to report to work within sixty (60) minutes,
their position on the call backlist shall be passed over without being charged an
overtime opportunity.
7.6 HOLD OVER AFTER NORMAL DUTY SHIFT: In the event an ~nployee is
held over after the expiration of his or her normal duty shift, the employee shall be
compensated at the overtime rate for time held over.
7.7 COURT AND/OR SUBPOENAED APPEARANCES: An employee who
responds to a subpoena or appears in Court in a case on behalf of the City on off-
duty time shall receive a minimum of two (2) hours of overtime compensation for
such appearances.
7.8 ON CALL FIRE INSPECTOR/DUTY CHIEF: An employee who is assigned to
serve as On Call Fire Inspector/Duty Chief shall receive ten (10) hours of overtime
at time-and-one-half for each seven (7) day period so served. In the event that an
On Call Fire Inspector/Duty Chief is called out, the employee shall receive a
minimum of two (2) hours of overtime pay at time-and-one-half for each call out.
Effective upon ratification, if the On Call Fire Inspector/Duty Chief is required to
be on call on a holiday, he/she shall receive two (2) hours paid overtime. The shift
Captain shall be eligible to be Acting Duty Chief during special circumstances.
7.9 LIMITATION OF COMPENSATORY TIME: A non-shift employee may
accumulate up to two hundred forty (240) hours, and a shift employee may
accumulate up to three hundred fourteen (314) hours of compensatory time.
Compensatory time shall be granted unless it is unduly disruptive. An employee
may request the Fire Chief to approve cash payment for accumulated compensatory
time. Upon receipt of such approval, compensatory time shall be paid out at the
employee's hourly rate for each hour of compensatory time converted to cash.
7.10 COMPENSATORY TIME USAGE: An employee desiring to utilize accrued
compensatory time shall be required to complete and file a Leave Request form
requesting Compensatory leave with the Chief or his designee not less than five (5)
shifts prior to the requested date(s) of usage, except for holidays. Employees
desiring to use compensatory time on a city observed holiday shall submit a Leave
Request not more than fifteen (15) shifts in advance of the holiday requested. On
the fifth (5th) shift prior to the holiday, a lottery will be held among the employees
who have submitted a Leave Request for usage of compensatory time for the
holiday. It shall be understood that no more than a full 24 hours aggregate of
compensatory leave shall be permitted per shift, regardless of the number of
COLLECTIVE BARGAINiNG AGREEMENT PAGE 11
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
Januavj 1,2002 --December 31,2004
employees taking compensatory time that shift. (EXAMPLE: One (1) employee
taking comp time for a full 24 hour shift, would count the same as 3 employees,
each taking off 8 hours the same shift). Usage of compensatory time beyond the 24
hours aggregate described above may be granted to other bargaining unit employees
on the same day, unless it would cause overtime. The parties agree that there will
be no forced overtime in order to provide shift coverage due to use of compensatory
leave. Except for holidays, should more than one employee request the same time
off, the employee whose form was submitted first will be granted the compensatory
time off.
7.11 OVERTIME WORK ASSIGNMENTS: Overtime work will be assigned to
employees on the basis of the Fire Service and Emergency Medical Service needs.
Overtime will be offered to employees by classification and/or by possession of the
special skills required to provide coverage of needed services. A minimum strength
of three (3) officers/acting officers, two (2) Paramedics, and six (6) Firefighters will
be used as a guideline in considering overtime assigyanent.
7.11.1 CENTRAL KITSAP FIRE RESCUE (CKFR) CONTRACT EFFECT
ON MANNING: While the CKFR contract is in effect, a minimum strength
of three (3) officers/acting officers, three (3) paramedics and six (6) fire
fighters will be used as a guideline in considering overtime assignments.
7.12 CALLBACK PROCEDURE: Callbacks for overtime shall be made from the
overtime callback chart. The order of callback shall begin with the employee who
holds the same rank as is needed to maintain minimum on-duty strength, and who
has been presented with the least number of opportunities to work overtime, and
shall proceed through the callback chart on that basis until an employee holding the
appropriate rank agrees to work. In the event no employee of the same rank is
available to work, the order of callback shall proceed to the employee who has been
presented with the least number of opportunities to work overtime, regardless of
rank, and shall proceed through the callback chart on that basis until an employee
agrees to work, or is ordered to work in accord with the provisions of this section.
In the event that two or more employees have had an equal number of opportunities
to work overtime, the most senior employee shall be called first.
7.13 CALLBACK RECORDKEEPING: Upon the Captain or his/her designee
personally contacting an employee with an offer of overtime work, the contact shall
be noted on the overtime card file, which shall be used to maintain records of calls
made and responses received. An employee who refuses an offer of overtime work
shall have his or her record reflect the fact that an overtime opportunity was
presented and refused by the employee. In the event an employee is presented with
an opportunity to work overtime for a partial shift, each opportunity of fifteen
consecutive (15) hours shall be considered an overtime work opportunity. Upon
contacting an employee with an offer of overtime work, the contact shall be noted
on the overtime card file, which shall be used to maintain records of calls made and
responses received. An employee who refuses an offer of overtime work shall have
COLLECTWE B~RGA~G AG~EMENT
PAGE
12
BY AND BETWEEN THE CITY OF B~MERTON and ~FF ~CAL 437
Janua~ 1, 2~2 --~ember 31, 20~
his or her record reflect the fact that an overtime opportnnity was presented and
refused by the employee.
7.13.1 REFUSAL OF OVERTIME: Upon receiving an offer of overtime work,
an employee may decide to refuse the first offer or work the overtime. Each
acceptance and the second refusal shall be recorded as an opportunity to work
overtime. Only one (1) pass per twenty-four (24) hour shall be permitted. Period.
7.13.2 OVERTIME REFUSAL EXCEPTIONS: An on-duty employee or an
employee who refuses an overtime work opportunity which occurs during the
employee's paid leave cycle, during a shiR trade cycle, during a Kelly Day cycle,
Labor Conferences/Negotiations for the Union Executive Board, or during and
employee's scheduled education time, shall not have the offer recorded as an
opportunity refused on his or her record. ORDERED OVERTIME: In the event that
no employee accepts an offer to work overtime after completing one full rotation
through the overtime chart, the first employee contacted on the second time through
the rotation shall be ordered to work the overtime provided that such an employee is
not on a paid leave cycle, on a shift trade cycle, on a Kelly day cycle, Labor
Conferences/Negotiations for the Union Executive Board or on an employee's
scheduled education time.
7.13.3 CHRISTMAS OVERTIME: Overtime on Christmas day shall not be
counted as an overtime opportunity. All other overtime provisions shall apply.
7.14 EMERGENCY CALL BACK: Notwithstanding the provisions of Section 7.9
above, the Fire Chief or the Chief's designee may order personnel back to work for
the purpose of responding to emergencies in such numbers and by using such
methods as the Chief or the Chief's designee deems appropriate to the
circumstances.
ARTICLE 8 VACATION LEAVE
8.1 VACATION ACCRUAL: Employees shall accrue vacation leave with pay for all
regular hours worked pursuant to the following schedule:
COLLECTIVE BARGAINING AGREEMENT PAGE 13
BY AiqD BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
lanuavj 1, 2002 --December 31, 2004
NON-SHIFT EMPLOYEES SHIFT EMPLOYEES
Years of VL Hrs. Annual Holidays Total VL Hrs. earned Annual Holiday~ Total
Service earned per Accrual Earned per pay Accrual Earned
pay Shift
Non-shift employees
en~loyees
Hire - 5 ~s. 4.333 hrs 104 hours 88 hours 192 hours 6.066 hours 146 hours 88 hours 234 hours
6~- 10a yr. 5.666 hfs 136 hours 88 hours 224 hours 7.933 hours 190 hours 88 hours 278 hours
l la-15a yr. 7.333 hfs 176 hours 88 hours 264 hours 10.266 hours 246 hours 88 hours 334 hours
16a-20a yr. 8.600 hfs 206 hours 88 hours 294 hours 12.040 hours 289 hours 88 hours 377 hours
21~yrs or > 8.666 hfs 208 hours 88 hours 296 hours 12.133 hours 291 hours 88 hours 379 hours
8.2 VACATION ELIGIBILITY: An employee becomes eligible to take accrued
vacation leave upon completion of six (6) months of continuous employment. In
the event an employee resigns or is discharged prior to the completion of six (6)
full months of employment, any accrued vacation leave shall be forfeited.
Vacation leave must be fully accrued prior to thc time an employee utilizes any
vacation leave.
8.3 VACATION SCHEDULING: Annual vacation leave shall be authorized by the
Fire Chief or the Chief's designee. Non-shift personnel shall schedule vacation 1
cave by mutual agreement of the employee and the Fire Chief or the Chief's
designee. Shift employees shall select their vacation choices by seniority within
shift assignment and through application of thc following rules:
8.4 MINIMUM VACATION LEAVE REQUESTS - SCHEDULED
VACATION; Scheduled vacation leave shall be taken in a minimum of eight (8)
hour blocks.
8.5 MINIMUM VACATION REQUESTS - SAME DAY REQUESTS: "Same
day" vacation leave shall be taken in a minimum of one (1) hour increments. Full
shift requests shall have priority over partial shift requests for on same day
vacation leave. Same day requests for vacation leave will not be granted if thc
shift is at a minimum staffing level.
8.6 VACATION LEAVE SELECTION Each employee may select vacation leave
consisting of nine (9) connected twenty-four (24) hour shifts plus the employee's
regularly scheduled Kelly Day. Two (2) vacation slots and unused Kelly Days
shall be available for pre-selection for each day of the year from which selections
can be made. A lottery shall be held in order to allow employees to compete for
the unused Kelly Days. It shall be understood that employees who receive an
unused Kelly Day via lottery, shall lose the Kelly Day in the event that it
subsequently_becomes filled due to a new hire or promotion.
COLLECTIVE BARGAINING AGREEMENT PAGE 14
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 43'7
January 1,2002 --December 31,2004
8.7 TIMING OF VACATION LEAVE SELECTION: Vacation selections will
begin December 1sI by seniority, for the following calendar year. Upon being
personally contacted, the employee will bc provided up to twenty-four (24) hours
to make his/her selection. Any selection not completed within the allotted time
shall constitute a pass. Vacation selections shall continue through seniority
rotation until all employees have selected all shifts they intend to take during the
next calendar year, but in no event later than March 31st. After March 31sl of any
year, an employee may request vacation leave at any time during the balance of
the calendar year, however, approval shall be subject to whether, or not the shift is
at minimum staffing on a same day selection.
8.8 CANCELLATION OF VACATION SELECTION BY AN EMPLOYEE: In
the event a vacation selection which has been made and approved is subsequently
canceled by an employee, thc vacation selection so canceled shall be made
available for selection to other employees as soon as feasible, provided however
that the shift is not at a minimum on a same day selection. The canceled vacation
slot shall be selected by lottery from the employees on the same shift.
8.9 MAXIMUM VACATION LEAVE ACCRUAL: The maximum accrual of
vacation leave that any employee shall be allowed to carry forward from one
calendar year to the next is as follows:
Years of Non-shift Personnel Shift Personnel
Continuous Emnlo_~ent Maximum Balance Maximum Balance
0 through Five (5) years 160 hours 210 hours
More than Five (5) years 240 hours 315 hours
8.10 VACATION LEAVE BALA1NCE GREATER THAN MAXIMUM
ALLOWABLE: 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, any hours in excess of 36 hours
shall be paid out in cash at the employee's straight time hourly rate the last pay in
January., Employees will be required to submit a written request to the Fire Chief
for vacation pay out specifying the reason(s) for which they have been unable to
take vacation leave in order to reduce their balance to the maximum allowable
carryover. An employee whose accrued vacation leave exceeds the maximum
carryover balance plus 36 hours at the end of the calendar year because he/she
failed to timely request vacation leave, or waited until October 1st or later to
request adequate vacation leave to reduce his/her balance to the maximum
allowable, shall have any excess leave scheduled by the Chief or his/her designee
with 72 hours advance notice, within the months of 3anuary, February or March
of the following calendar year. The City and the IAFF agree to reevaluate this
provision at the end of each contract year.
COLLECTIVE BARGAINING AGREEMENT PAGE 15
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1,2002 --December 31,2004
8.11 SCHEDULE CHANGE BALANCE ADJUSTMENT:
8.11.1 NON-SHIFT TO SHIFT: In the event an employee's normal hours of work are
changed from a non-shif~ schedule to a shift schedule, the employee's accrued
vacation hours upon the date of change shall be increased as follows: Accrued
Hours X 1.5 = Employee's accrued vacation hours balance.
8.11.2 SHIFT TO NON-SHIFT: In thc event an employee's normal hours of work are
changed from a shift schedule to a non-shift schedule, the employee's vacation
hours upon the date of change shall be decreased as follows: Accrued Hours/1.5
= Employee's Vacation Balance.
8.12 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 Requests for payment shall be made in writing
to the Fire Chief during the 1st half of each year (January 1st through June 30th),
and may not be used for canceled vacations.
8.13 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 leave of such
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 Labor Day
Martin Luther King's Birthday Veteran's Day
President's Day Thanksgiving Day
Memorial Day Day after Thanksgiving
Independence Day Christmas
9.2 OTHER HOLIDAYS: In addition, any other holiday proclaimed by the federal or
state government, provided that the City takes official action to have such holiday
also observed by the City.
9.3 FLOATING HOLIDAY: Each employee shall be allowed one (1) additional
holiday to be observed by the employee on a day mutually agreeable to the
employee and the Fire Chief.
9.4 HOLIDAY COMPENSATION-NON-SHIFT PERSONNEL: 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
COLLECTIVE BARGAINING AGREEMENT PAGE 16
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1, 2002 --December 31,2004
the preceding Friday. If a holiday falls on a Sunday, the holiday will be observed
on the following Monday.
9.5 HOLIDAY COMPENSATION - SItlFT PERSONNEL: Shift personnel shall
receive 3.666 hours added to their vacation leave accrual rate per pay period in lieu
of ail holidays. Accumulation and taking time off in lieu of holidays shail be
accomplished in accordance with the vacation leave provisions set forth in Article
8. In lieu of additional compensation for those employees scheduled to work on
New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and
Christmas, the following will apply: The City will pay 24 hours of straight time
pay to all bargaining unit members at the 5th step Fire Fighter pay rate; provided
that the employee is on the payroll on 10/31 of the year, and has been working a 24
hour shift position for six (6) months during that calendar year. The 24 hours' pay
will be included in the first pay check in November each year.
9.6 Effective January 1, 2002, the City will pay all bargaining unit members an
additional 24 hours of straight time the 1st pay period in December, in lieu of a
reduction in hours, subject to the same terms and conditions as outlined in the above
section.
ARTICLE 10 SICK LEAVE AND INDUSTRIAL DISABILITY
10.1 SICK LEAVE ACCRUAL:
10.1.1 NON-SHIFT EMPLOYEES: Non-shift employees shall accrue sick leave time
with pay at the rate of four (4) hours for each regularly scheduled pay period.
Partial pay periods will be pro-rated to the closest full hour.
10.1.2 SHIFT EMPLOYEES: Effective as of April 1, 2002, the annual accrual for shift
personnel will be eight (8) hours per pay period. Partial pay periods will be pro-
rated to the closest full hour.
10.2 DONATIONS OF VACATION LEAVE: Donations of Vacation leave permit employees
to aid any City employee who is suffering from an extraordinary or severe illness, injury,
impairment, physical or mental condition, or who's spouse or minor children (under the age of
18) are suffering from a life threatening injury or illness, or in the event of their death, which has
caused or is likely to cause the employee to take leave without pay or to terminate his or her
employment prior to a determination that the affected employee is not expected to recover to an
extent that will enable the employee to resume his or her normal duties or the duties of another
position with the City or another employer.
10.2.1 ELIGIBILITY: An employee who (1) is suffering from an illness or injury causing
his or her extended absence from work, or who's spouse or minor children (under the age of
18) are suffering from a life threatening injury or illness, or in the event of their death, and
(2) who has depleted or will shortly deplete his or her total available accrued vacation,, sick
and floating holiday leave, may request donations of vacation leave.
COLLECTIVE BARGAINING AGREEMENT PAGE 17
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1,2002 --December 31, 2004
10.2.2. CRITERIA FOR APPROVAL: A request for donations of vacation leave shall be
submitted to the requesting employee's Department Head accompanied by medical
documentation verifying the medical condition requiring the need for leave, and the time
period during which the employee can reasonably be expected to be absent from work due to
the condition. Upon verifying that the requesting employee meets all of the eligibility
requirements above and upon determining that the medical documentation received provides
appropriate verification of the medical condition and time period involved, the Department
Head will recommend the employee's request for donations of vacation leave be approved by
the Mayor. The Mayor will review the request to assure that all of the requirements set forth
in this subsection have been met and, if so, shall approve the employee's request for
donations of vacation leave.
10.2.3. NOTIFICATION: Upon approval by the Mayor, all City employees shall be
notified of the approved request for donation of leave.
10.2.4. CONDITIONS OF DONATION: An employee who has been employed for at least
six (6) months who desires to donate accrued vacation leave to a requesting employee will do
so as a free and voluntary act and no duress or coercion shall be placed upon an employee to
make such donation of his/her accrued vacation leave. Employees who are utilizing donated
leave to cover their own absences may not donate leave to another employee until such time
as they have returned to their normal schedule, and any excess donations made to them have
been returned pursuant to 10.2.6. below. An employee who desires to donate vacation leave
shall complete a Donation of Vacation Leave Form and submit it to his/her Department
Head. The donated vacation leave will be transferred to the requesting employee's sick leave
balance with the next payroll report. Forms will be date stamped and all time donated shall
be in full hour increments and shall be credited to the employee on an hour-for-hour basis. A
monthly update of the condition of the employee by the attending primary medical doctor
shall be required and furnished to the Department Director.
10.2.5. USE OF DONATED LEAVE: An employee who has received donated vacation
leave will be able to use the sick leave in the same manner as if he or she had personally
accrued the leave, provided that the use of the sick leave is in conformance with the
provisions of this Article.
10.2.6. RETURN OF EXCESS LEAVE DONATIONS - In the event of excess donations
received but not used due to early recovery, resignation, retirement or death, all donations
received but not utilized shall be returned to the donating employee(s) based on the
proportion of hours that employee donated in relation to the total hours donated by all
employees (e.g. an employee who donates 50 hours of 450 hours total donated shall be
credited with 50/450ths of the hours not utilized). Such returned leave shall be reflected in
the appropriate leave balance as soon as possible. Time donated for this purpose will not be
considered as time used during the donor's performance rating period.
10.3 MAXIMUM SICK LEAVE ACCRUAL:
COLLECTIVE BARGAINING AGREEMENT PAGE 18
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1, 2002 --December 31,2004
10.3.1. NON-SHIFT EMPLOYEES: Non-shift personnel shall be allowed to accrue
sick leave up to a maximum of nine hundred and sixty (960) hours.
10.3.2. SHIFT EMPLOYEES: Shift personnel shall be allowed to accrue sick leave up
to a maximum of fourteen hundred and forty (1440) hours.
10.4 SICK LEAVE INCENTIVE:
10.4.1 NON-SHIFT EMPLOYEE - Any non-shift employee who has more than five
(5) years of continuous full time paid employment with the City and who takes thirty-
two (32) hours or less of sick leave in the calendar year following the fifth year of
employment and any subsequent calendar year, shall have eight (8) hours added to his
or her vacation leave balance at the beginning of the following calendar year.
10.4.2 SHIFT EMPLOYEE - A shift employee who has more than five (5) years of
continuous full time paid employment with the City and who takes 44.8 hours or less of
sick leave in the calendar year following the fifth year of employment and any
subsequent calendar year, shall have 11.2 hours added to his or her vacation leave
balance at the beginning of the following calendar year.
10.5 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 as follows:
10.5.1 NON-SHIV[ PERSONNEL: Thirty-five percent (35%) of the employee's
accrued and unused sick leave hours to a maximum of 35% of 960 hours (a maximum
total of 336 hours) will be paid to the employee at the employee's regular hourly wage
rate in effect at the time of retirement.
10.5.2 SHIFT PERSONNEL: Thirty five percent (35%) of the employee's accrued
and unused sick leave hours to a maximum of 35% of 1440 hours (a maximum total of
504 hours) will be paid to the employee at the employee's regular hourly wage rate in
effect at the time of retirement.
10.6 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's regular hourly wage rate in effect at the time of death up
to a maximum of 960 hours for a non-shift employee, or a maximum of 1440 hours for
a shift employee.
10.7 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 mount of each employee's
accrued sick leave balance, and shall be used in increments of no less than one-half
(1/2) hour to cover an employee's absence from his/her regularly scheduled work hours
due to:
COLLECTIVE BARGAINiNG AGREEMENT PAGE 19
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1, 2002 --December 31,2004
10.7.1 The temporary disability of an employee resulting from his/her personal illness or
injury, or for their children under 18 who have health conditions requiring supervision or
treatment pursuant to WAC 296-30, or for immediate family members pursuant to
FMLA
10.7.2 Eligibility shall be governed by the provisions set forth in Federal or State laws,
as currently written or hereinafter amended.
10.7.3 NOTIFICATION OF SICK LEAVE USE: An employee who is absent or
expects to be absent fi.om work due to causes specified in 10.7.1.above, shall provide
notification to the Department as follows:
10.7.3.1 ROUTINE APPOINTMENTS:
10.7.3.1.1 ANTICIPATEI) ABSENCE: An employee who schedules a
routine medical, dental or oculist appointment shall make every reasonable
effort to schedule such an appointment on their off duty days The
employee shall give at least seventy-two (72) hours 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.
10.7.3.2 UNANTICIPATED ABSENCE: An employee who is absent
fi.om work or who will be unable to report to work as scheduled due to
personal illness or injury, or for other causes specified in 10.7 above, shall
promptly notify the Department by telephone or otherwise by 0700 of the
day of his/her on-duty shift, and must make contact with on duty
personnel.
10.7.3.3 SICK LEAVE DURING AUTHORIZED PAID LEAVE: An
employee who becomes ill or is injured during the employee's paid vacation or
compensatory time off may request the conversion of such paid leave to sick
leave with pay by promptly notifying the Department of the illness or injury at the
time of the illness or injury, or as soon as is reasonably feasible and providing
such information as is required by the Department to verify the appropriateness of
such a conversion.
10.7.3.4 SICK LEAVE DOCUMENTATION AND APPROVAL: An
employee who has been absent on sick leave shall, during his/her first shift back
to work, be required to submit such forms and provide such information as
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
COLLECTIVE BARGAINING AGR~EMENT PAGE 20
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1,2002 --December 31,2004
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 as to the
nature of the illness and/or injury of the employee, the employee's child and/or
family member, or other methods appropriate to the cimumstances. The
Department may require an employee to provide a Fitness for Duty 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 workfome. 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.
10.8 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 with pay limited to six (6) days for a non-shift employee, or
two (2) shifts for a shifi employee 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, or two (2) shills, 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 or two (2) shifts, 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 (6)
months and six days (6) or two (2) shifts.
10.9 INDUSTRIAL DISABILITY LEAVE FOR LEOFF II AND REGULAR
EMPLOYEES: A regular 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 benefits as provided by Washington
State Law.
ARTICLE 11 OTHER LEAVE
11.1 BEREAVEMENT LEAVE: An employee will be granted up to 24 hours of
bereavement leave annually for attending funerals in the state of Washington, and up to
forty (40) hours annually for attending out-of-state fimerals for members of the
employee's immediate family. All time off for bereavement leave in excess of 24 hours
shall be charged against an employee's vacation/holiday, sick leave or compensatory time
leave balance at the option of the employee.
11.1.1 Immediate family shall be defined as spouse, child, mother, father, mother/father
in-law, brother, sister, brother/sister in-law, grandparents and grandchildren, step
relations as described herein of both the employee and the employee's spouse.
COLLECTIVE BARGAINING AGR~EEMENT PAGE 21
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1,2002 --December 31,2004
11.2 JURY DUTY AND WITNESS DUTY: An employee shall be granted leave of absence
with pay for the purpose of reporting to jury duty or serving as a witness in a case relating
to their job with the City, except in those instances where the employee is taking action
against the City. Any juror or witness fees received by the employee for the performance
of such duties shall be assigned to the City.
11.2.1 CITY NOTIFICATION: Employee shall be required to notify the City
immediately upon receipt of written notification fi.om the Court that they must report for
Jury Duty or serve as a Witness as the result of a case related to his or her employment,
by submitting a Leave Request form with a copy of the Jury Duty/Witness Notice
attached. Upon telephone confirmation by the Court to report, the employee shall
immediately notify the on-duty supervisor.
11.3 MILITARY DUTY LEAVE: An employee who presents official orders requiring
his/her attendance for a period of training or other active duty as a member of the United
States Armed Forces or the State National Guard shall be entitled to military leave with
no loss of pay for a period not to exceed fifteen (15) work days for non-shift employees,
or 21 calendar days for shift employees, annually. Authorized leave of absence for
additional or longer periods of time for assignment to duty functions shall be without pay
and shall be granted by the City. A non-shift employee receiving up to fifteen (15) work
days or a shift employee receiving up to 21 calendar days of training or serving on active
duty shall receive their regular pay and the amount received from the Federal or State
govemment.
11.4 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.
11.5 ADMINISTRATIVE LEAVE: Any bargaining unit employee may be placed on
Administrative Leave (leave with pay) for reasons in the best interest of the City and/or
employee (e.g. to diffuse a work-related or personal problem that has the potential for
escalation if left unchecked, and/or has a negative effect on department/division
operations, and no other solution is available).
ARTICLE 12 RETIREMENT BENEFITS
12.1 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 the employee contributions to
respective retirement system, which is picked up by the City. When an employee
covered by this agreement is assigned to day shift he/she will be assigned back to shift
just prior to retiring or going on disability. The employee will maintain the same pay
classification.
COLLECTIVE BARGAINING AGREEMENT PAGE 22
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1,2002 --December 31,2004
12.2 Effective January 1, 2002 the City agrees to allow members of the bargaining unit to
participate in the Washington State Council of Fire Fighters Employee Benefit Trust
Premium Reimbursement Plan (VEBA) and contribute $75.00 per month through a salary
reduction of $37.50 per pay period.
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:
KPs Plan A for Employees
KPS Plan B for spouses and dependents;
Group Health for Employees, spouses and dependents.
or equivalent or better coverage
13.2 Co-Pay mounts paid by employees for treatment received by employees shall be
reimbursed to the employee. Co-Pay mounts paid by employees for treatment received
by spouses and dependents shall be paid by the employee. Employee's premium is paid
in full by the City. Employee contribution toward dependent coverage will be three
dollars fifty cents ($3.50) per month per dependent to a maximum often dollars and fifty
cents ($10.50) per month for full family coverage.
13.3 DENTAL INSURANCE: The City shall make the same level of benefits as are provided
through Washington Dental Service Plan F 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.
13.4 DISABILITY AND LIFE INSURANCE: LEOFF II Employees will receive $25.00 per
month in lieu of any City contributions toward the cost of premiums for Short Term
Disability, Long Term Disability, and Life Insurance coverage.
13.5 INSURANCE RESERVES, REBATES AND SURPLUSES: the City shall require the
KPS medical plan provider to provide a structured accounting to the City as least
annually. Such accounting shall include plan utilizations, all reserve accounts maintained
for the plan, interest earned on reserves, adrainistration costs and coinsurance (pooling)
costs. This accounting shall be made available to the Association upon request. The City
agrees that premium rebates, 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,
and increase benefit levels, or other health related purposes determined appropriate by
the Insurance Benefits Committee shall be comprised offthe following members: Mayor
or designee, one employee selected by the non-represented management and professional
employees, and one individual selected by each of the recogmized unions. The
committee shall elect a chair and any other officers it deems appropriate.
COLLECTIVE BARGAINING AGREEMENT PAGE 23
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1,2002 --December 31,2004
13.6 WELLNESS PROGRAM: Prior to January 1, 2003, the City's shall negotiate with
KPS to include medical coverage with those employees/dependents covered by KPS to
include a Wellness Program benefit for well-baby care and preventative care such as PAP
smears, mammography and PSA testing.
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 who is required to wear a
uniform pursuant to Fire Department regulations shall receive a uniform cleaning
allowance of two hundred fifty dollars ($250.00) 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 contract 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:
15.1.1 PROBATIONARY EMPLOYEE: An employee serving a 12-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 Pules and Regulations and
without recourse to the grievance procedure.
15.1.2 PROMOTIONAL PROBATION: A 12-month probationary period
commencing upon the initial date of a regular promotional appointment.
A promoted employee who is unable to perform the duties of the higher
level position to which they have been promoted during the probationary
period, shall be returned to his/her previous classification held at the time
of promotional appointment at the sole discretion of the City,
consistent with applicable Civil Service Rules and Regulations, and
without recourse to the grievance procedure.
15.1.3 LEOFF I EMPLOYEE: An employee who qualifies for and is a member
of the Washington State Retireruent System commonly known as "LEOFF
COLLECTIVE BARGAINING AGREEMENT PAGE 24
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1,2002 --December 31, 2004
1.5.1.4 LEOFF II EMPLOYEE: An employee who qualifies for and is a member of the
Washington State Retirement System commonly known as "LEOFF II".
1.5.1.5 NON-SHIFT EMPLOYEE: An employee who is normally assigned to work
forty (40) hours per week Monday through Friday.
1.5.1.6 SHIFT EMPLOYEE: An employee who is normally assigned to work on a
24-hour shift scheduled basis.
1.5.1.7 CYCLE: The consecutive calendar day period during which an employee is not
scheduled to be on duty as the result of an assigned work schedule including a
scheduled Kelly Day, approved paid leave and/or shift trade.
1.5.1.8 SENIORITY: The Fire Department shall establish a seniority list of all
employees in the bargaining unit and shall update the list on January 1 of each
year. The list shall be posted on bulletin boards in all stations. All longevity
wage placements and vacation selections shall be governed by the current
seniority list. Any objections to the list as posted shall be reported to the Fire
Department administration and such corrections as are appropriate shall be made
and a corrected list shall be re-posted at all stations.
15.2 REDUCTIONS AND VACANCIES: All personnel reductions and filling of
vacancies shall be handled in accordance with existing Civil Service Rules and
Regulations and shall not be subject to the grievance procedure.
15.3 EVALUATIONS:
15.3.1. NEW EMPLOYEES: Written monthly evaluations shall be
completed on each new employee hired by the Department during his/her
probationary period. The purpose of the evaluation will be to identify an
employee's progress and/or areas of deficiency in performing job
functions.
15.3.2. PROMOTED E1MPLOYEES: Employees on promotional
probation will be evaluated quarterly. An employee on promotional
probation shall be provided not less than thirty (30) days written notice to
correct deficiencies prior to reducing him/her to their previous
classification. An employee on promotional probation who is demoted
due to his/her inability to perform the essential duties and fimctions of the
position, shall have displacement fights under Civil Service Layoff and
Reduction rules; provided, however, the employee shall have the right to
return to his/her former class regardless of whether or not a vacancy
exists. Provided further, ho~vever, nothing in this section shall prohibit the
City from terminating or demoting an employee on promotional probation
for good cause in conformance with Civil Service Rules.
COLLECTIVE BARGAINING AGI~EMENT PAGE 25
BY AND BETWEEN THE CITY OF BREMER. TON and IAFF LOCAL 437
JanuaE~ 1,2002 --December 31,2004
15.4 CAREER COUNSELING: 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 their recommending steps the
employee may take to improve his/her qualifications and skills for futura
promotional opportunities.
15.5 RIGHTS AND PRIVILEGES: All current policies and practices concerning
computation and payment of pay, allowances and benefits; or the application of
contract provisions enumerated herein shall continue in force and effect during
the life of this Agreement. Should the 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.
15.6 PARAMEDIC/FIREFIGHTER CERTIFICATION REQUIREMENT: An
employee who is hired as a Paramedic/Firefighter shall be required to maintain
his/her Paramedic Certification as a condition of continued employment. Upon
completion of six (6) full years of employment as a Paramedic/Firefighter, an
employee shall become eligible for transfer to a vacant Firefighter position. Upon
completion of five (5) full years of employment as a Paramedic/Firefighter, an
employee may present the Fire Chief with a request to be transferred from a
Paramedic/Firefighter position to a vacant Firefighter position at the earliest
opportunity. The Fire Chief shall approve Paramedic/Firefighter requests to
transfer to vacant Firefighter positions on the basis of seniority of continuous
service with the Bremerton Fire Department among all requesting
Paramedic/Firefighters. An employee transferred to a vacant Firefighter position
shall have his/her pay rate set at a Firefighter pay rate as of the effective date of
the transfer.
15.7 TRANSITION TO PARAMEDIC: A non-probationary Firefighter who
transitions to Firefighter/Paramedic shall remain in the Firefighter/Paramedic
classification for not less than four (4) years, except for promotional
opportunities. Should an employee fail to retain his/her Paramedic certification,
they shall be downgraded to the Firefighter classification.
ARTICLE 16 PROMOTIONAL EXAMS
16.1 PROMOTIONAL EXAMINATIONS: The Civil Service Rules shall apply to the
conduct of promotional examinations in all respects excepting that any portion of
such Rules which are in conflict with the provisions of this subsection shall be
handled in conformance with the following:
16.2 MAINTENANCE OF ELIGIBLE REGISTERS: Eligible .registers for Fire
Lieutenant and Fire Captain shall be maintained on a continuous basis irrespective
of available vacancies. Testing for the positions of Battalion Chief, Medical Officer
and Fire Marshall shall be done only when a position becomes available.
COLLECTIVE BARGAINING AGREEMENT PAGE 26
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January I, 2002 --December 31,2004
16.3 WRITTEN PROMOTIONAL EXAM/BIBLIOGRAPHY:
Effective January 1, 2003, the written portion of the promotional examinations for
Fire Lieutenant and Fire Captain will be given between February 18th and
February 28th in odd/even years. A bibliography of reading material will be issued
six (6) months prior to the written examination. The Department will supply one
(1) set of reading material as listed in the bibliography per fire station. Such
reading material will remain at the station. The Department shall not be held
responsible for the loss of the reading material from any station.
16.4 CRITERIA FOR OPEN EXAMINATIONS: Open promotional Examinations will
only be administered to qualified bargaining unit members. However, when less
than three (3) applications are received from qualified bargaining unit members, the
examination may be announced and administered to external candidates as well.
16.5 CRITERIA FOR EXAMINATION CONTENT: Promotional examinations shall
include a written and oral portion, and shall test for only the knowledge and abilities
which are included in the current classification specifications for the position being
tested.
16.6 EXAMINATION SCORING: Examinations shall be scored as follows: (All
scores on examinations shall be rounded to the nearest one-tenth of a point).
16.6.1 Written portion: Maximum of 50 Points
An applicant's performance on the written portion of a promotional examination
shall be scored as follows: Number of questions answered correctly divided by the
total number of questions asked = pexcentage of correct answers. The maximum of
50 Points shall be multiplied by the percentage of correct answers and the result
shall be the number of points the applicant earned on the written portion of the
examination.
16.6.2. Oral portion: Maximum of 50 Points
An applicant's performance on the oral portion of a promotional examination shall
include the oral panel's evaluation of an applicant's training and educational
achievements along with the panel's rating on the applicant's performance in the
oral portion, which shall be scored as follows: Number of points received divided
by the total number of points available = percentage of total oral points. The
maximum of 50 Points shall be multiplied by the percentage of total oral points and
the result shall be the number of points the applicant earned on the oral portion of
the examination.
16.6.3 Experience Rating: Maximum of l0 Points
Each applicant shall receive .5 (1/2) point for each full twelve (12) months of
employment with the Bremerton Fire Department based upon the date the written
examination is conducted, up to a maximum of 10 points. Periods of employment
COLLECTIVE BARGAIN lNG AGREEMENT PAGE 27
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1,2002 --December 31, 2004
which are less than twelve (12) full months, shall not be credited in computing the
experience rating.
16.6.4 Total Score
An applicant's total score shall be the sum of the points received on the written, oral
and experience components of the examination.
16.6.5 Minimum Seore
An applicant must achieve a total score of seventy (70) points or more to be placed
on the eligible register for the position.
16.7 All offers, acceptances and declinations of employment for promotional
positions only shall be made in writing.
16.8 During the life of this agreement the parties shall meet in a labor management forum to
discuss the above language covering promotions.
1.6.9 PROMOTIONS FROM FIRE FIGHTER TO PARAMEDIC/FIRE FIGHTER: A
Fire Fighter may be promoted to Paramedic/Fire Fighter (PM/FF) under the
following conditions:
16.9.1 The employee must successfully complete a Paramedic training program
approved by the Fire Chief.
16.9.2 The employee must have a Paramedic/Fire Fighter certificate issued by the
Kitsap County Medical Program Director.
16.9.3 The Fire Chief must approve the promotion.
16.9.4 The promotion shall take effect on the first day of the pay period after
satisfying the above conditions. For promotions to PM/FF, the
employee's step increase date will be changed to the effective date of the
promotion.
16.10 Newly appointed Lieutenants and Captains shall:
16.10.1 Complete Fire Command Administration core curriculum or equivalent
within thirty (30) months of appointment to the rank of Lieutenant or
Captain, or
16.10.2 Complete an officer development program as determined by the Joint
Labor Management Committee.
16.10.3 Exceptions shall be referred to the Joint Labor Management Committee.
The City shall reimburse the employee for tuition, books and lab fees. All
materials purchased by the City shall remain the property of the City. The
COLLECTIVE BARGAINING AGREEMENT PAGE 28
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1, 2002 --December 31,2004
City shall make a reasonable effort to provide employees with time off
work to attend classes.
ARTICLE 17 GRIEVANCE PROCEDURE
17.1 DEFINITIONS:
17.1.1 GRIEVANCE: A grievance is an alleged violation of the express terms
and conditions of this Agreement which is to be resolved through this
Grievance Procedure.
17.1.2 CIVIL SERVICE APPEAL: An appeal is an alleged 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.
17.1.3 UNFAIR LABOR PRACTICE: An Unfair Labor Practice charge is an a
alleged violation of the Washington State statutes governing public
employment labor relations which is to be resolved through the Public
Employment Relation Commission's (PERC) rules and regulations and is not
resolvable through the Grievance Procedure.
17.1.4 STEP 1: An employee who believes that the terms and conditions of this
Agreement have been violated shall first discuss the action giving rise to the
belief with his or her immediate supervisor within fourteen (14) calendar days
of the date the action took place or within fourteen (14) calendar days of the
date upon which the employee could reasonably have been expected to know
of such action. The employee shall have the right to be assisted by an
authorized Union representative if so requested, during this discussion.
17.1.5 STEP 2:. In the event that the employee's immediate supervisor does not
resolve the grievance to the satisfaction of the employee at Step 1
of this procedure, the employee 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 immediate
supervisor's Captain, Assistant Chief, or the Fire Chief, whichever is
appropriate, within fourteen (14) calendar days of the date the employee met
with his/her immediate supervisor. The Captain, Assistant Chief, or the Fire
Chief, whichever is appropriate, shall meet with the employee and the
employee's Union Representative within fourteen (14) calendar days after
receipt of the written grievance for the purpose of considering the matter.
The Lieutenant, Captain, or Fire Chief, as appropriate, shall reduce
COLLECTIVE BARGAINING AGREEMENT PAGE 29
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1, 2002 --December 31,2004
his/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.
17.1.6 STEP 3: In the event that the Captain, Assistant Chief, or Fire Chief, as
appropriate, does not resolve the grievance to the satisfaction of the employee
at Step 2 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 Human Resources Manager and the Mayor within
fourteen (14) calendar days of receipt of the Fire Chief's written response.
The Human Resources Manager shall consider the grievance and may
convene a meeting with a member of the Union executive board in an attempt
to resolve the grievance. The Human Resources Manager 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.
17.1.7 STEP 4: In the event that the Human Resources Manager does not resolve
the grievance at Step 3 of this procedure, the Union may request arbitration of
the issue by written notification to the Human Resources Manager. The
Human Resources Manager and the Union shall meet within fourteen (14)
calendar days of the date upon which the Human Resources Manager rendered
his or her written decision on the grievance and shall select a neutral arbitrator
by mutual agreement or request a panel of nine (9) arbitrators from PERC.
17.2 GRIEVANCES FOR SUSPENSION AND/OR DISCHARGE: In the case of
suspension and/or discharge, Step One (1) of the grievance procedure shall be
waived and the grievance shall proceed to Step Two (2) with the Fire Chief.
17.3 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 fi'om or in any other way alter or
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.
17.3.1 COSTS OF ARBITRATION: The expenses o f 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.
17.3.2 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
COLLECTIVE BARGAINiNG AGREEMENT PAGE 30
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1,2002 --December 31,2004
practicable.
ARTICLE 18 SEVERABILITY
18.1 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.
ARTICLE 19 ENTIRE AGREEMENT
19.1 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
20.1 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 DRUG FREE WORKPLACE
21.1 The maintenance of a drug-fi.cc work place is essential to the safety and welfare of City
employees and the citizens of Brcmerton. The following provisions shall apply to
employees covered by this Agreement.
21.2 The unlawful manufacturing distributing, dispensing, processing or using of a controlled
substance or alcohol in the work place is prohibited. Reporting to work under the
influence of a controlled substance or alcohol is prohibited.
21.3 As a condition of employment, all employees must notify the Fire Chief or designee of
any criminal drug statute conviction for a violation occurring in the work place no later
than five (5) days aider such a conviction.
21.4 It is the responsibility of every employee to be aware of the above provisions and to abide
by them. Failure to observe these provisions could result in immediate disciplinary
action against the employee, up to and including termination. The employee may be
COLLECTIVE BARGAINING AOREEMENT PAGE 3 !
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 4 37
January 1, 2002 --December 31,2004
required to participate satisfactorily in an alcohol or drag abuse assistance or
rehabilitation program.
21.5 All employees will be fully informed of the drug and alcohol-testing article. Employees
will be provided with information concerning the impact of the use of alcohol and drugs
on job performance. Supervisors will receive training in recognition of signs and systems
of substance abuse. In addition, the City will inform the employees on how the tests are
conducted, what the test can determine and the consequence of testing positive for drug
use. All newly hired employees will be provided with this information on their initial
date of hire, or as soon thereafter as possible. No employee will be tested before this
information is provided to him.
An employee may voluntarily enter rehabilitation without a requirement or prior testing.
Employees who voluntarily come forward and ask for assistance to deal with a drug or
alcohol problem will not be disciplined by the City for doing so. No disciplinary action
will be taken against an employee unless he/she refuses the opportunity for rehabilitation,
fails to complete a rehabilitation program successfully, or again tests positive for drugs
within two (2) years of completing an appropriate rehabilitation program, or as otherwise
provided in this article.
21.5.1 Drugs will be defined as narcotics, depressants, stimulants, hallucinogens,
cannabis and alcohol, or substances whose dissemination is regulated by law or this
article. With respect to over-the-counter drugs and/or drugs that require a prescription or
other written approval from a licensed officer or dentist for their use, it is the
responsibility of the employee to review cautionary warnings for potential side effects
and inquire of the issuing medical authohty as to the potential impact of the drug to
impair one's ability to work safely and effectively. Each employee is expected to inform
his supervisor of such circumstances if there is reasonable cause to believe there will be
impairment.
21.5.2 Employees will not be subjected to random medical testing involving urine or
blood analysis or other similar or related tests for the purpose of discovering possible
drug or alcohol abuse. However, if objective evidence exists establishing reasonable
cause to believe an employee's work performance is impaired due to drug or alcohol
abuse, the City will require the employee to undergo a medical test consistent with the
conditions as set forth in this article. Indications of impaired behavior or a substance
abuse problem will include, but are not limited to, the odor of alcohol on the breath,
dilated or constricted pupils, accident pattern, abnormal behavior or performance for that
specific employee.
21.5.3 The collection of the samples will be performed by a laboratory and/or by a health
care professional qualified and authorized to administer and determine the meaning of
any test results. The laboratory performing the test will be one that is certified by the
National Institute of Drug Abuse (NIDA). The laboratory used will also be one whose
procedures are periodically tested by NIDA where they analyze unknown samples sent to
an independent party. The results of employee tests will be made available to the
COLLECTIVE BARGAINING AGREEMENT PAGE 32
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1,2002 --December 31, 2004
designated Medical Review Officer. The employee will not consume any food or liquids
until after the sample is taken.
21.5.4 Collection of blood or urine samples will be conducted in a manner, which
provides the highest degree of security for the sample and free from adulteration.
Recognized strict chain of custody procedures must be followed for all samples as set by
NIDA.
21.5.5 Blood or ur/ne samples will be submitted per NIDA standards. Employees have
the right to seek consultation with Union or legal counsel representative prior to
submission of the sample, provided it does not unduly delay the process. Employees will
not be witnessed while submitting a urine specimen.
21.5.6 Prior to submitting a urine or blood sample, the employee will be required to sign
a consent and release form. An employee who refuses to submit to discovery testing will
be subject to disciplinary action up to and including discharge for the purpose of
administering this article.
21.5.7 All samples must be stored in a scientifically acceptable preserved manner
consistent with NIDA standards.
21.5.8 The laboratory will test for only the substance and within the limits as follows for
the initial and confirmation test as provided within NIDA standards. The initial test will
use an immunoassay, which meets the requirements of the Food and Drug Administration
for commercial distribution. The following initial cutoff levels will be used when
screening specimens to determine whether they are negative for those five drugs or
classes of drags:
INTIAL TESTING
Marijuana metabolites 100 ng/ml
Cocaine metabolites 300
Opiates metabolites (1) 300 ng/ml
Phencyclidine 25
Amphetamines 1,000 ng/ml
CONFIRMATORY TESTING
Marijuana metabolites (1) 16 ng/ml
Cocaine metabolites (2) 150 ng/ml
Opiates
Morphine 300 ng/ml
Codeine 300 ng/ml
Phencyclidine 25 ng/ml
Amphetamine 500 ng/ml
Methamphetamine 500 ng/ml
COLLECTIVE BARGAINING AGREEMENT PAGE 33
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1, 2002 --December 3 I, 2004
1. Delta-9-tetrahydrocannabinol-9carboxylic acid
2. Benzoylecgonine.
If confirmatory testing results are negative, all samples will be destroyed and records of the
testing expunged from the employee's file.
21.5.9 Reporting for work with any measurable mount of alcohol in the bloodstream
(i.e. a blood alcohol level of.04 or higher) will be a basis for disciplinary action. A blood
alcohol test will be performed by a qualified laboratory to determine the amount of
alcohol in the bloodstream.
If such alcohol testing results are negative, all samples will be destroyed and records of
the testing expunged from the employee's file.
21.5.10 The Medical Review Officer will be employed by the collection facility and
must be a licensed physician with knowledge of substance abuse disorders. The Medical
Review Officer will be familiar with the characteristics of tests (sensitivity, specificity,
and predictive value), the laboratories rurming the tests and the medical conditions and
work exposures of the employees.
The role of the Medical Review Officer will be to review and interpret the positive test
results. He or she must examine alternate medical explanations for any positive test
results. This action will include conducting a medical interview with the affected
employee, review of the employee's medical history and review of any other relevant
biomedical factors. The Medical Review Officer must review all medical records made
available to the tested employee when a confirmed positive test could have resulted from
legally prescribed medication.
21.5.11 The laboratory will advise only the employee and the Medical Review Officer of
any positive results. The results of a positive drug or alcohol test can only be released to
designated Human Resources staff by the Medical Review Officer once he or she has
completed her or his review and analysis of the laboratory's test.
21.5.12 The City will pay for all costs involving drag and alcohol testing as well as the
expenses involved of the Medical Review Officer. The City will also reimburse each
employee for his or her time and expenses including travel incurred involving the testing
procedure only.
21.5.13 The parties recognize that an employee has the obligation not to place
him/herself in a situation where the ability to perform his/her job is impaired by drugs
or alcohol. In the event an employee fails to fulfill his/her obligations, it is the
responsibility of the City to remove such employee from the work environment to
prevent the endangerment of the employee, fellow employees and/or the public.
COLLECTIVE BARGAINING AGREEMENT PAGE 34
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January l, 2002 --December 31,2004
Any regular employee who tests positive for drugs may be subject to disciplinary action
up to and including termination, depending upon the circumstances of the situation.
Cimumstances that would warrant termination include incidents where the employee's
impairment resulted in loss of life, serious injury to self or others, or the serious loss or
damage of property.
In cases where discipline is not warranted, the employee involved who tests positive for
drugs or alcohol may be placed in a rehabilitation status where the employee may utilize
accrued paid leave or donated leave. In this case the employee will be evaluated by a
licensed drug/alcohol evaluator, not employed by the City. Participation by the employee
in the approved treatment program is mandatory. Once the intensive part of the program
has been completed, the employee may be returned to his/her regular duty assignment,
but only with a written release from the Medical Review Officer. Employees who
complete a rehabilitation program may be re-tested randomly a maximum of four (4)
times a year for the following two (2) years.
21.5.14 Employees who enter and successfully complete a rehabilitation program on
their own initiative may not be subject to re-testing, except as provided in this section
The treatment and rehabilitation will he paid for by the City only to the extent that
coverage may be provided by the employee's medical insurance program through the
City. Employees will be allowed to use their accrued, earned and donated leave for the
necessary time off involved in the rehabilitation program. Upon completion of the
program the employee will be subject to one (1) random test during the following twelve
months.
21.5.15 Periodic progress reports from the attending health care practitioner will be
provided to the City stating the prognosis of when the employee should be able to return
to his/her regular duty assignment.
21.5.16 If an employee tests positive during the two (2) year period following the
rehabilitation program, the employee will be re-evaluated by a licensed drug or alcohol
counselor to determine if the employee requires additional counseling and/or treatment.
The employee will be solely responsible for any costs not covered by insurance, which
arise from this additional counseling or treatment. This section does not apply to
employees in rehabilitation programs pursuant to Section 20.5.10
21.5.17 Once an employee successfully completes rehabilitation, they will be returned to
their regular duty assignment.
21.5.18 A regular employee has the right to challenge the results of the drug or alcohol
tests and any discipline imposed in the same manner that he/she may grieve or appeal any
other City action.
21.5.19 The parties recognize that during the life of this Agreement, there may be
improvements in the technology of the testing procedure, which provide more accurate
testing. In that event, the parties will bargain in good faith whether to amend this
COLLECTIVE BARGAINING AGREEMENT PAGE 35
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1, 2002 --December 31,2004
procedure to include such improvements. If the parties are unable to agree on the
amendments they will be submitted to impasse procedures as outlined in RCW 41.56.
21.5.20 This Article is in no way intended to supersede or waive any constitutional or
other rights that the employee may be entitled to or legal obligations that the City may
have under federal, state or local statutes.
21.5.21 The drug-testing program was solely initiated at the request of the City. The
Union will be held harmless and indemnified, including the cost for attorney's fees, for
the violation of any employee's rights by the City arising from the administration of this
testing process.
21.5.22 The City is committed to supporting employees undergoing treatment and
rehabilitation for alcohol or other chemical dependency. The City will provide
information to employees on available drug/alcohol abuse assistance or rehabilitation
programs.
21.5.23 The confidentiality of all complaints and reported violations of the provisions of
this policy will be strictly maintained, except as required by public disclosure laws or
court orders.
ARTICLE 22 DEFERRED COMPENSATION
22.1 Effective January 1, 2002, the City shall match the payroll deduction of any written
request by an employee covered by this Agreement, in an amount not to exceed one hundred
eighteen dollars and no cents ($118.00) or three percent (3%) of salary, whichever is greater.
22.2 Effective January 1,2004, the City shall match the payroll deduction of
any written request by an employee covered by this Agreement, in an amount not to exceed three
and one-half percent (3.5%) of salary.
22.3 Effective January 1, 2002, LEOFF I bargaining unit members who have completed 25 or
more years of service with the City will no longer be required to make a matching contribution,
and may elect to have all or part of the City's maximum contribution converted into longevity in
lieu of Deferred Compensation.
22.4 Effective January 1, 2002, LEOFF II bargaining unit members who are a minimum of 45
years of age and have completed 15 or more years of service with the City will no longer be
required to make a matching contribution, and may elect to have all or part of the City's
maximum contribution converted into longevity in lieu of Deferred Compensation.
22.5 CONVERSION TO LONGEVITY: Employees may elect, by notifying the City in
writing on an annual basis, that they wish to convert all or a portion of the City's contribution to
their deferred compensation to longevity. Such conversion shall only be permitted in one-half
percent (1/2%) increments. Once an employee has elected to make the conversion fi.om deferred
COLLECTIVE BARGAINING AGREEMENT PAGE 36
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1,2002 --December 31, 2004
compensation to longevity, they will not be permitted to make any changes whatsoever to the
percentage converted, for a full 12 month period.
ARTICLE 23 LABOR MANAGEMENT COMMITTEE
23.1 LABOR MANAGEMENT: The Employer and the Union agree that a need exists for
closer cooperation between labor and management. To accomplish this objective, the
Employer and the Union agree that no more than three (3) duly authorized representatives
of the Union shall function as one-half (1/2) of a Labor-Management Committee, the
other half being no more than three (3) certain representative of the Employer named for
that purpose. The Committee shall meet at least once every three (3) months for the
purpose of discussing and facilitating the resolution of all problems which may arise
between the parties. The Employer shall provide draft of the minutes of the meeting to
the Union's committee within (2) two weeks of the meeting. At the Committee's
discretion, additional meetings may be held. The Committee shall be chaired by a
member elected by the Committee.
23.2 Should the Union and Employer mutually agree to change, add, or delete any provision of
this Agreement, policies, rules or other matters, such change shall be set forth in writing.
ARTICLE 24 TEMPORARY FIREFIGHTER PROGRAM
24.1 During the term of this agreement the Employer may implement a "temporary" fire fighter
program. Prior to implementation the employer will meet with the Union to negotiate the
impact on employees of such a program.
ARTICLE 25 PHYSICAL FITNESS PROGRAM
25.1 The Union and the Employer shall work cooperatively in the Joint Labor Management
Committee and continue to develop and refine the physical fitness program.
ARTICLE 26 TOBACCO FREE WORK PLACE
26.1 As a condition of employment, all employees hired after the effective date of this
agreement shall not use any tobacco products while on duty.
ARTICL 27 DISCIPLINARY ACTION
27.1 Disciplinary action, as defined by the Civil Service Rules as now stated of hereinafter
amended, may be taken against any non-probationary employee for just cause. An
employee who is the subject of a disciplinary action must elect to follow the appeal
procedures either in the Civil Service Rules, or grievance procedure. The employee
selection of one procedure shall preclude the use of the other.
COLLECTIVE BARGAINING AGREEMENT PAGE 37
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1, 2002 --December 31,2004
ARTICLE 28 TERM
28.1 The terms of this Agreement shall be in effect upon January 1, 2002, unless otherwise
provided within the terms of each Article, and shall remain in effect through December
31, 2004. Negotiations for a successor agreement shall commence no later than August
1, 2004. 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 ~ day of ~.~~, 2002.
Carol S. Conley Tod~horsen
Cary Boz~ma~ayor Doug Ba~e[ ~'~ -
Secretary-Tf~Jsurer
Kathlee~'lXlcClt~s-key J Roger Lubovich
City Clerk ! City Attorney
COLLECTIVE BARGAINING AGREEMENT PAGE 38
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1, 2002 --December 31,2004