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HomeMy WebLinkAbout5.249 Original Contract 5.249 MEMORANDUM December 19, 1990 TO: Dan McKeen, President International Association of Firefighters Local #656 FROM: Becky J. Upton, city Clerk~ SUBJECT: Agreement between the City of Port Angeles and International Association of Firefighters Local #656 Attached for your files is a fully executed copy of the agreement between the City of Port Angeles and the International Association of Firefighters Local #656, for the period, January 1, 1991 through December 31, 1993. This agreement was adopted by the City Council at its meeting of December 18, 1990. If I can provide any additional information, please contact me. Attachment Copies: Jeff Pomeranz, City Manager Craig Knutson, City Attorney Bob Coons, Manager of Human Resources Larry Glenn, Fire Chief ~ ~<!..L ~ d./.p~ MEMORANDUM December 17, 1990 TO: Mayor Sargent and City Council Members FROM: Administrative Services Department RE: 1991-93 Labor Agreement Between the City of Port Angeles and IAFF Local #656 ISSUE: Should the City Council approve the attached salary ordinance and proposed 1991-93 Labor Agreement between the City and IAFF Local #656? BACKGROUND/ANALYSIS: Attached for the City Council's review and consideration is the proposed labor contract between the City of Port Angeles and the International Association of Firefighters Union, Local #656 (IAFF #656) . The terms of the new labor agreement provide for an economic package including a 5% wage increase for 1991, maintenance of health benefits, and an additional $50 per month premium pay for the Fire Prevention Specialist. Additionally, the City agrees to provide trauma/crisis counseling for on-the-job incidents and develop a study committee to look at the possibility of conducting medical examinations. The 1992-93 wage adjustments provide for 90% of the Seattle CPI-W Index with a minimum of 2% and a maximum of 6% and a wage re-opener if the CPI exceeds 8%. The fiscal impact of the wage proposal for 1991 represents $33,814 and is funded in the proposed 1991 Budget. RECOMMENDATION: It is recommended that the city Council approve the attached salary ordinance implementing a 5% wage increase for employees represented by IAFF Local #656 for the 1991 calendar year, and further recommend the city council approve the attached labor agreement covering the contract period of January 1, 1991, through December 31, 1993. ~~~ Robert Coons Personnel Manager RC : LM Attachments cc: city Manager Fire Chief City Attorney IAFF Local #656 Director of Administrative Services HR.582 ~ " I. :" ~\', AGREEMENT BETWEEN THE CITY OF PORT ANGELES AND INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL #656 January 1, 1991 - December 31, 1993 ~ ,'" TABLE OF CONTENTS ARTICLE I - GENERAL PROVISIONS PAGE Section A - Preamble. . . . . . . . Section B - Recognition . . . . . . Section C - Savings Clause. . . . . Section D - Non-Discrimination. . . . ....... 1 1 1 2 . . . . . . ... ..... . . . . . . ARTICLE II - RIGHTS OF PARTIES Section A - Management's Rights . . . . . . . . . . 3 Section B - Retention of Benefits . . . . . . . . . . . . . 4 Section C - Standby Relief. . . . . . . . . . . . . 4 Section D - Union Security and Payroll Deduction. . . . 4 Section E - Personnel Records . . . . . . . . . . . . . . . 6 Section F - Labor-Management Committee. . . . . . . . . 7 Section G - Agreement Binding on Successors . . . . . . 7 Section H - seniority List. . . . . . . . . . . 8 Section I - Bulletin Board. . . . . . . . . . 8 ARTICLE III - WORKING CONDITIONS Section A - Work Stoppage . . . . . . . . . . . . . 9 Section B - Work Schedule . . . . . . . . . . . . . . . . . 9 Section C - Minimum Manning . . . . . . . . . . . . 10 Section D - Shift Trading . . . . . . . . . . . . . 10 ARTICLE IV - COMPENSATION Section A - Wages . . . . . . . . . . . . . . . . . 11 Section B - Tuition Reimbursement . . . . . . . . . . . . . 11 section C - Uniform Maintenance Allowance . . . 12 Section D - Overtime Pay. . . . . . . . . . . . . . 12 Section E - Call-Back Pay . . . . . . . . . . . . . . . . . 13 Section F - Higher Class Pay. . . . . . . . 13 Section G - Aid Car Duty. . . . . . . . . . 13 Section H - Fire Prevention Assignment Pay. . . . . . . 13 .~ .~ PAGE ARTICLE V - PAID LEAVE BENEFITS Section A - Vacation. . . . . . . . . . . . . 14 Section B - Holidays. . . . . . . . . . . . . . . 15 section C - sick Leave. . . . . . . . . . . . . . 17 section D - Family Leave. . . . . . . . . . . . . . . 20 ARTICLE VI - HEALTH BENEFITS . . . . . . . . . . . . . . . . . 21 ARTICLE VII - GRIEVANCE PROCEDURE. . . . . . . . . . . . . . . 23 ARTICLE VIII - DURATION OF AGREEMENT . . . . . . . . . . . . . 27 A~ ,'" AGREEMENT BETWEEN THE CITY OF PORT ANGELES AND INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL #656 ARTICLE I - GENERAL PROVISIONS section A - Preamble This Agreement is entered into by and between the City of Port Angeles, hereinafter referred to as the City, and Local #656, International Association of Firefighters, hereinafter referred to as the Union. It is the purpose of this Agreement to achieve and maintain harmonious relationships between the City and the union; to provide for equitable and peaceful adjustment of differences which may arise, and to establish wages, hours, and other conditions of employment. Section B - Recoqnition The City recognizes the Union as the bargaining representative for purposes of establishing wages, hours, and working conditions. The terms and conditions set forth herein shall apply to employees in the following classifications: Firefighter Fire Captain Firefighter/Paramedic The Union agrees to provide the names of the Union officers and any changes to the Personnel Manager. Section C - Savinqs Clause If any provision of this Agreement, or the application of such provision, should be rendered or declared invalid by any court action or -1- '+ ," by reason of any existing or subsequently enacted legislation, the remaining parts or portions of this Agreement shall remain in full force and effect. In such event, the parties agree to provision(s) of the Agreement, which shall remaining provisions of the Agreement. section D - Non-Discrimination renegotiate the have no effect invalid on the The City and the Union agree that they will not discriminate against any employee by reason of race, creed, age, color, sex, national origin, religion, handicapped status, marital status, or membership or non- membership in a Union. Whenever notations are used in the masculine gender, they are intended to apply equally to either gender. -2- ""' ARTICLE II - RIGHTS OF PARTIES section A - Manaqement's Riqhts The City and its management representatives shall retain all I customary rights, powers, functions, and authority normally reserved by management, consistent with State law, local ordinances, and Department rules and regulations, except as limited by terms of this Agreement or applicable State or Federal laws, and shall include but not be limited to the following: 1. Determine the mission of the City and respective Departments, commissions, and boards. 2. Set standards of service and performance standards; establish reasonable work rules/regulations, safety procedures, and personnel policies and procedures. 3. Select, increase, diminish or change equipment, vehicles, machinery, etc., including the introduction of any and all new, improved or automated methods or equipment. 4. Assign work and establish reasonable work schedules for all regular and overtime hours. 5. Engage in all types of personnel transactions and disciplinary proceedings in accordance with established ordinances and rules. 6. Effect a reduction in authorized positions because of a lack of work, fiscal limitations, organizational changes, or other legitimate reason. 7. Determine the number and classification of personnel. 8. Take any action necessary to carry out its mission in an emergency. -3- ~ 9. Discipline and/or discharge for just cause with due process, in accordance with applicable local, state or Federal laws. Section B - Retention of Benefits The City assures the union that in placing the terms of this Agreement into effect, the Department shall not proceed to cancel benefits or privileges generally prevailing for employees, even though such benefits or privileges are not itemized in this Agreement. The Union assures the city that in placing the terms of this Agreement into effect, Union members shall not seek to gain additional benefits and privileges through this Article, but shall make all such items subject to the collective bargaining process. All disputes between the City and the Union shall be subject to the Grievance procedure. Section C - Standby Relief The City agrees to furnish standby relief for individuals who are enrolled in school required by the Department and who are on duty at the time of the scheduled class. The relief shall be only for the duration of the class period and a reasonable time for travel. Section D - Union Security and Payroll Deduction 1. It shall be a condition of employment that all employees covered by this Agreement who are members of the Union in good standing on the execution date of this Agreement shall remain members in good standing. It shall also be a condition of employment that all employees covered by this Agreement and hired on or after its execution date shall, by the thirtieth (30th) day following completion of the probation period, become and remain members in good standing in the Union; or in lieu -4- ... ,~ thereof, pay each month a service charge equivalent to Union dues, assessments, and initiation fee paid to the Union, as a contribution toward the administration of this Agreement. If obj ections to joining the Union are based on bona fide religious tenets and the employee objects to joining the Union because of such beliefs, the employee shall pay an amount of money equivalent to Union dues, assessment, and initiation fees to a nonreligious charity or to another charitable organization mutually agreed upon by the employee affected and the Union to which the employee would otherwise pay the Union dues, assessments and initiation fees. The employee shall furnish wri tten proof to the Union that such payment has been made. If the employee and the Union do not reach agreement on the organization, the Public Employment Relations Commission shall designate the charitable organization. 2. The Union agrees that membership in the Union will not be denied or terminated for any reason other than the failure of the employee covered by this Agreement to tender the Union dues, assessments, and initiation fees required as a condition of membership in the Union. The parties also agree that if an employee fails to fulfill the obligation in (1) above, the Union shall provide the employee and the City, within thirty (30) days, notification of the employee's failure to comply with this section and during this period, the employee shall make resti tution in the amount which is due or the City shall terminate employment. 3. Pavroll Deductions. It is agreed that the City shall permit payroll deductions for Union dues or other related deduction~ properly -5- -- requested through payroll deduction authorization procedures established by the City and such deductions shall be subj ect to data processing limitations. Remittance of the total amount of all such Union-related deductions made from employees' salaries shall be made to the Union within procedures established by the City, normally within one week after the City pay day. Any errors or omissions in deductions brought to the attention of the City shall be corrected on the following pay period. 4. Indemnification Clause. The Union agrees to indemnify and hold the City harmless from any liabilities of any nature which may arise as a result of the application of this Section. section E - Personnel Records The City and the Union recognize that the employees' official personnel f ile relative to any personnel actions (i. e., promotion, disciplinary actions, performance evaluations, pay status, etc.) shall be kept and maintained in the Personnel Office. Departments may keep and maintain employee personnel files but such information in the Department files shall not be used relative to taking personnel actions that result in information being placed in the official personnel file. An employee may review his personnel file in the Personnel Office or Fire Department upon request, with reasonable notice, and may have a copy of any information placed in the file(s). Whenever a Department Head places information concerning the employee in the official personnel file, a copy will be provided to the employee. If such information is the result of disciplinary action or an unsatisfactory performance evaluation, the employee may submit a rebuttal which shall be made part of the employee's personnel file. Such -6- ,. a response by the employee shall be submitted within thirty (30) days of receipt of the disciplinary action or performance review and shall be of reasonable length. Section F - Labor-Manaqement Committee In the interest of developing mutual trust and open communications between the parties, and improve employee/employer relations, the parties agree to establish a Labor-Management Committee to meet at times mutually agreed upon. The members of this Committee for the City shall be the City Manager, the Personnel Manager, the Fire Chief, or others designated by the City Manager. The members of this Committee for the Union shall be the Union President, Vice-President, and one other person selected by the Union. other persons selected by the Union who are affected by an issue under discussion may attend; however, such attendance is permitted as long as staffing needs are adequately met, with approval of the Fire Chief. Section G - Aqreement Bindinq on Successors This Agreement shall be binding upon the successors and assigns of the parties hereto, and no provisions, terms, or obligations herein contained shall be affected, modified, altered, or changed in any respect whatsoever by the consolidation, merger, annexation, transfer, or assignment of either party hereto; or affected, modified, altered, or changed in any respect whatsoever by any change of any kind of the ownership or management of either party hereto; or by any change geographically or otherwise in the location or place of business of either party hereto. -7- '. section H - Senioritv List The City shall provide the Union with an updated seniority list December 1st of each year. Any corrections to the seniority list shall be brought to the attention of the Fire Chief and submitted to the Personnel Manager for verification. After corrections are made, the seniority list shall be re-posted. Section I - Bulletin Board The City agrees to provide space in the City Fire Station for a Union bulletin board. The Union shall be responsible for maintaining the bulletin board in a neat and orderly manner. -8- ARTICLE III - WORKING CONDITIONS Section A - Work Stoppaqe The Union agrees that there shall be no strikes, slowdowns, work stoppage, or any interference with the efficient management of the Fire Department. Section B - Work Schedule The work schedule for Fire personnel will be an average of 56 hours per work week, less a 12-hour "Kelly Day" credited each 28-day duty cycle. The "Kelly Day" may be taken as vacation in 24-hour increments, subject to Departmental manning. Twelve hours of Kelly time may be carried over into the next calendar year. The work schedule shall be further reduced by a compensation method of paying for 96 hours per year at the overtime rate, which corresponds to 7.38 hours each 28-day duty cycle. The combination of the "Kelly Day", together with this amount, subtracted from 2,912 hours per year, approximates a 51-hour work week. Compensation for the 96 hours noted above shall be paid twice annually, one-half the first pay check in July, the second half the last pay check in December of the calendar year. The rate of pay for the 96 hours shall be at time-and-one-half the employee's base rate of pay. In the event an employee is on disability leave or leave without pay for one 28-day duty cycle or greater, the payment of the 96 hours shall be reduced a pro-rated amount based upon the number of months on leave in the respective half of the calendar year. -9- section C - Minimum Manning Shift Minimum Manning shall be three (3) Firefighters and one (1) Firefighter/paramedic. One of the Firefighters shall perform in the capacity of Shift Captain. section D - Shift Tradinq Each member of the Fire Department receiving prior written permission from the Fire Chief or his designee shall have the privilege to exchange shifts with other firefighters, providing no additional costs to the City are incurred by this exchange. -10- ~ ARTICLE IV - COMPENSATION section A - Waqes 1. Effective January 1, 1991, employees covered by this Agreement will receive a wage increase of 5% reflected in the salary schedule, below: MONTHLY RATE CLASSIFICATION ~ ~ ~ Q Firefighter/EMT 2367 2486 2615 2748 Firefighter/Paramedic 2537 2663 2794 2932 Fire Captain 3275 3335 3435 2. Effective January 1, 1992, and effective January 1, 1993, employees covered by this Agreement will receive a wage increase equal to 90% of the Seattle CPI-W Index, Jan.-Jan. The minimum increase shall be 2% and the maximum increase shall be 6%. If the Consumer Price Index ~ 2888 3077 .E 3037 3243 above reflects an annualized increase in excess of 8% in 1992 or 1993, the parties agree to open the contract for negotiation of wages. Section B - Tuition Reimbursement Any member covered by this Agreement is entitled to 80% reimbursement for tuition and book costs for any course directly related to his/her job, provided the member has gained the approval of the Fire Chief prior to registration for the class of instruction. All members requesting reimbursement for tuition and books will be expected to meet the minimum standards for taking the course and must complete the course with a passing grade or certificate of course completion. -11- ,. section C - Uniform Maintenance Allowance 1. Each employee covered by this Agreement shall receive one full seasonal uniform when hired and a uniform maintenance allowance of $250/calendar year thereafter. Payment of the annual uniform allowance will be made by the City prior to January 31st of each year. Payment shall be prorated on a monthly basis for employees working only part of the calendar year. 2. The uniform shall be as set forth in the Fire Department Operations/Procedures Manual. 3. The employee agrees to maintain and repair his uniform. 4. The City agrees to furnish required protective clothing and safety equipment. section D - Overtime Pay 1. Overtime hours are those hours which the employee is authorized to work in excess of his regularly scheduled shift, excluding shift trading. 2. Authorized overtime hours worked shall be paid at the rate of time-and-one-half the employee's regular rate of pay. The calculation of the regular rate of pay for overtime purposes shall be based upon 2,704 hours per year. 3. Overtime pay shall not be compounded with any other form of premium pay to the employee. 4. Personnel being transferred to another shift will not be entitled to overtime pay, provided that not more than one transfer shall be made annually. -12- # Section E - Call-Back Pay An employee called back to work on other than his regularly scheduled shift shall be compensated a minimum of two hours at the overtime rate of pay. Hours worked beyond the two-hour minimum shall continue to be paid at the overtime rate until relieved of duty, or until the employee I s regular shift begins, calculated to the nearest 30 minutes. Schedule F - Hiqher Class Pay When an employee is assigned to work in a higher classification for four (4) or more consecutive hours, the employee shall be paid higher class pay at the starting salary of the higher classification for the entire assignment. Such pay shall be calculated to the nearest 30 minutes. section G - Aid Car Duty Personnel assigned to Aid Car duty on a voluntary basis shall receive an additional $5 per 24-hour shift. Section H - Fire Prevention Assiqnment Pay An employee assigned to the Fire Prevention Division of the Fire Department shall receive premium pay of $75 per month. After the employee has successfully completed 15 units of Fire Prevention courses, including Fire Prevention, Investigation, and Plan Review, the employee is eligible to receive an additional $50 per month (total of $125 per month premium pay) . -13- ARTICLE V - PAID LEAVE BENEFITS Section A - Vacation Vacation leave with pay will accrue to each member of the union working a 24-hour shift schedule at the following rate: Maximum Lenqth in Service Shifts (24 hours) Hours Accrual 1 - 5 continuous years 5 shifts 120 240 6 - 10 continuous years 7.5 shifts 180 360 11 - 15 continuous years 10 shifts 240 480 16 - 20 continuous years 12.5 shifts 300 600 21 continuous years 15 shifts 360 720 Vacation leave with pay will accrue to each member of the Union working an 8-hour shift schedule at the following rate: Maximum Lenqth in Service Shifts (8 hours) Hours Accrual 1 - 5 continuous years 10 shifts 80 160 6 - 10 continuous years 15 shifts 120 240 11 - 15 continuous years 20 shifts 160 320 16 - 20 continuous years 25 shifts 200 400 21 continuous years 30 shifts 240 480 (a) Vacation will be granted only after the completion of one (1) full year's service. Thereafter, the leave credited for any month of service may be taken in any subsequent month; provided, however, such leave will not interfere with work of the Department. Application for vacation leave will be made in advance and is subject to approval by the Department Head. (b) No employee shall be permitted to accumulate vacation in excess of the amount earned in a two (2) year period. (c) Personnel transferring from a 24-hour shift schedule to an 8-hour shift schedule, or vice versa, shall, at the date of transfer, have their annual leave accumulation rate adjusted to reflect the new -14- .. working hours; i.e., 12/8 or 8/12; however, no reduction or addition shall occur in previously accumulated annual leave. (d) A 24-hour shift employee may sell back annually up to 96 hours of accrued vacation, as long as the employee has a minimum of 192 hours of accrued vacation at the time of the request. An 8-hour shift employee may sell back annually up to 80 hours of accrued vacation, as long as the employee has a minimum of 160 hours of accrued vacation at the time of the request. An employee requesting cash payment for accrued vacation must do so in writing to the city Manager and may receive such payment only once each calendar year. Approval of such a request by the City Manager is based upon financial hardship of the employee. Payment for Unused Vacation Employees shall be paid for unused vacation leave accrued at their base hourly rate (i.e., straight time) upon leaving City service; except no payment will be made for employees who terminate City service during the initial probationary period. Section B - Holidavs For the purposes of this Contract period, the parties recognize the following holidays: New Year's Day Washington's Birthday Memorial Day Independence Day Three (3) Floating Holidays Labor Day Veteran's Day Thanksgiving Day Christmas Day -15- .. Floating holidays for new employees shall be pro-rated, based on the employee's hire date, as follows: Date of Hire Shall Receive Jan. thru April 3 Floating Holidays May thru August 2 Floating Holidays Sept. thru Dec. 1 Floating Holiday 1 Each floating holiday shall be one 24-hour shift to be taken at the convenience of the employee, subject to the Departmental manning requirements. The three floating holidays are excluded from cash payment as described below and are taken in the same manner as vacation leave. The named holidays above, excluding the floating holidays, shall not be observed, but shall be paid for in cash at the individual employee's base rate of pay. These eight holidays shall have an annual value of 106 hours for each employee on a 24-hour shift. Each individual holiday shall be equal to 13.25 hours (106/8 holidays = 13.25 hours). Holiday pay shall be paid, in arrears, twice annually, one-half the amount owed (i.e., 53 hours) on the pay day after July 4th, and the remaining half owed the last pay day of the calendar year. Any employee absent because of illness, injury, or disability and scheduled to work on a named holiday, shall have the value of one holiday (13.25 hours) deducted from the amount owed for the next holiday payment. If an employee is absent for 28 consecutive days or more, the employee shall not receive holiday pay from the 29th day on, regardless of whether or not he is scheduled to work the holiday. Any employee who resigns, retires, or terminates during the year shall have his holiday pay pro-rated for the number of holidays worked -16- for that calendar year. Any new employee hired shall receive holiday pay, pro-rated for the period of the calendar year worked, calculated from the employee's hire date. Employees working a 45-hour work week, covered by this Agreement, required to work a 24-hour shift on a holiday, shall receive 13.25 hours of holiday pay for the shift. NOTE: The Firefighter/Paramedic assigned as a "floater" is included in the holiday pay above for employees working a 24-hour shift. section C - sick Leave sick leave is a privilege and may only be used in the event of actual i~lness of the employee or family member as defined in this section. Accrual: LEOFF I and LEOFF II employees shall accrue sick leave at the rate of 12 hours per month for shift employees or eight hours per month for employees assigned to Fire Prevention. LEOFF II employees newly hired shall be granted their first year's sick leave accrual in advance, equal to 288 hours. At the end of the first year's employment, the employee shall continue his/her monthly accrual rate of 24 hours/month for the remainder of the first 3-1/2 years of employment. Upon completion of the first 3-1/2 years of employment, the employee will.revert to the 12 hours per month of sick leave accrual rate above. Effective with this Agreement, existing LEOFF II employees shall continue accruing 24 hours of sick leave per month for 18 months, or until the employee accrues a balance of 1,000 hours, whichever comes first. -17- .. If a LEOFF II employee becomes disabled from working and the illness or injury (by medical evidence) is for four (4) consecutive months or longer, and during this disability the employee's sick leave balance drops below 250 hours, the employee shall begin accruing sick leave at the rate of 24 hours per month. This rate will continue for a maximum of three and one-half (3-1/2) years, or until the employee reaches a sick leave balance of 1,000 hours, at which time he shall revert back to 12 hours per month accrual. Maximum Accrual: The maximum accrual of sick leave for LEOFF I employees is 1,440 hours and for LEOFF II employees 2,000 hours. Conversion of Sick Leave: Personnel transferring from a 24-hour shift to an 8-hour shift, or vice versa, shall at the date of transfer have their sick leave accumulation adjusted to reflect the new shift. Grantinq of sick Leave bv the city Manaqer: The City Manager may, upon recommendation of the Department Head, advance sick leave to employees in the case of emergencies, at the sole discretion of the City Manager. Requests for sick leave shall be made in writing to the City Manager with a copy to the Department Head and Personnel Manager. In order for the City Manager to grant such leave, the employee must have exhausted all other paid leave. Advanced sick leave shall be paid back once the employee returns to work. If the employee does not return to work the value of the advanced sick leave shall be recovered from the employee's pay. In the event the City Manager denies a request for additional sick leave, the decision is final and binding and may not be grieved through the grievance process of the labor agreement. -18- ~ Notification of sick Leave: In the event an employee is sick and unable to report to work, the employee shall notify the Department as soon as possible, but in no event, no later than one hour prior to the beginning of his shift. Documented abuse or misuse of sick leave shall result in disciplinary action. Proper Use of sick Leave: Where the facts are established to the satisfaction of the Department Head, sick leave may be used for the following reasons, with approval of the Fire Chief: 1. Illness or injury to the employee, on or off the job. 2. Illness in the immediate family requiring the attendance of the employee to care for the family member. For purposes of this- subsection, family members shall be defined as spouse, children, step-children, parents, and grandparents. 3. Funeral/bereavement leave: sick leave used for funeral or bereavement leave shall be limited to three shifts in anyone instance unless approved by the Department Head for additional time. Immediate family member of purposes of this subsection shall include spouse, parents, grandparents, brothers, sisters, children, and step-children. Duration of sick Leave Use: An employee requesting sick leave may use such time for actual illness or injury as defined in this section. If the Department Head has reasonable cause to believe that the employee has abused or misused sick leave, the Department Head may require a doctor's letter for verification of illness for the employee or family member. -19- ~ sick leave may also be used for doctor and dentist appointments, and may be used in 3D-minute increments. Payment of Unused sick Leave (LEOFF I Members only): If an employee has ten years or more service with the City, the employee will be paid 10% of the value of his accumulated sick leave upon retirement (regular or disability) or death. The compensation for paYment of sick leave shall be based upon the employee's hourly rate of pay at the time of retirement or death. section 0 - Familv Leave Pursuant to Chapter 296-134 WAC, an employee is entitled to up to 12 weeks of family leave to care for a newborn child, newly adopted child, or a child under 18 years of age with a terminal health problem. See City Personnel Police and Procedures Manual, Section 7, Leaves of Absence, 7.11, Family Leave. -20- " ARTICLE VI - HEALTH BENEFITS A. During the term of this Agreement, the City agrees to maintain the current level (or an amended level upon agreement with the Union) of medical, dental, and optical benefits for employees and employee dependents, as designated in the City's Self-Insurance Program. In the event the City finds it necessary to place this insurance with another carrier, the coverage granted shall be the same or equal to the current level of coverages provided. In the interest of reducing overall health care costs and participating in the continued well-being of the City's Health and Welfare Self-Insurance Program, the Union agrees to: 1. Appoint two (2) members to a city-organized Health Care Containment Committee. 2. Promote prudent use of health benefits and open membership meetings for educational sessions on the health plan. 3. Actively promote full participation in the Health Risk Appraisal program as proposed by the City and commit two-thirds of its membership to attend a Health Risk Appraisal Briefing session. B. The City agrees to provide crisis/trauma counseling for on-the- job incidents for employees. Such counseling shall be limited to crisis intervention and does not include on-going psychological care. The crisis/trauma counseling may be on a group or an individual basis. Requests for such counseling shall be made to the Fire Chief and coordinated through the Human Resources Office. C. The City and the Union ag~ee to conduct a study of medical examinations for employees. The intent of the study is to ,determine -21- ~ cost-effectiveness, establishing a group rate, set a minimum number of participants, and other related criteria. The tentative effective date, if the parties reach agreement and desire to pursue this benefit, is July, 1991. D. Employee Assistance Program - The City agrees to maintain an Employee Assistance Program for the duration of this Agreement. -22- .> .~ ARTICLE VII - GRIEVANCE PROCEDURE A grievance is defined as a complaint by an employee concerning the interpretation or application of this Agreement. A grievance may be filed when an employee believes an injustice has been done because of an unfair application of a Department rule/regulation or policy. Disciplinary appeals are excluded from this procedure, which are subject to the civil Service ordinance, rules and regulations of the civil Service Commission. For purposes of this grievance procedure, a working day is defined as a calendar day, excluding Saturday, Sunday, and legal holidays. Time Limits Time limits are established to settle grievances quickly. Time limits may be extended by mutual agreement of the parties. If the grievance is not resolved with the decision rendered,it is the grievant's responsibility to initiate action which submits the grievance to the next step within the time period specified. Failure of the employee/Union to submit the grievance within the time limits specified shall terminate the grievance process and the matter shall be considered resolved. Failure of the City to respond within time limits will allow the grievance to automatically proceed to the next level of the grievance procedure. Riqhts and Restrictions of the Parties 1. A party to the grievance shall have the right to record a grievance meeting at the expense of the requesting party. 2. An employee may have a representative present at all steps of the grievance procedure. -23- . ,. 3. Grievances of an identical nature involving an alleged violation of the same Article, Section, etc., concerning the same subject matter may be consolidated. Grievance Steps: Step 1 - Union Grievance Committee A grievance may be initiated by an employee submitting a written grievance to the Union Grievance Committee providing: A. The nature of the grievance: B. Alleged violation by Contract Section, Department Rule/ Regulation, POlicy, etc.: and C. The desired resolution, together wi th any supporting documentation attached to the written grievance. The grievance must be submitted within twenty (20) working days of the alleged violation or within twenty (20) working days of the date the employee had knowledge of the occurrence. The Union Grievance Committee shall review and determine if the grievance is justified. If, in the opinion of the Grievance Committee, the grievance is not valid, no further action shall be taken. If the Union Grievance Committee determines that the grievance is valid, the Union and/or the employee may present the grievance to the next level of the grievance procedure, the Department Head. Step 2 - Department Head within ten (10) working days of receipt of the grievance by the Union Grievance Committee, the grievance shall be forwarded to the Fire Chief who shall review the grievance and meet with the employee and/or representative, if requested, as soon as possible to review the matter -24- .' ,. and shall issue a written decision within five (5) days after such a meeting. If the grievance is not resolved to the satisfaction of the employee/Union after receipt of the Department Head's written decision, the matter may be referred to step 3 of the Grievance Procedure, the City Manager. Step 3 - city Manaqer The Union has five (5) days in which to submit the written grievance to the City Manager after receipt of the Department Head's written decision. The city Manager will meet with the grieved employee and representative, if requested, Department Head, and Personnel Manager to review the grievance and all supporting documentation. After that meeting, the City Manager has ten (10) working days to issue a written decision concerning the grievance. If the decision of the City Manager does not resolve the grievance to the satisfaction of the employee/Union, the grievance may be submitted to the final step of the Grievance Procedure, binding arbitration. A request for binding arbitration must be submitted to the City Manager wi thin ten (10) working days after receipt of the decision of the City Manager. step 4 - Binding Arbitration The Union and the City will jointly request from the American Arbitration Association a list of seven (7) arbitrators and upon receipt of this list, the parties will toss a coin to see who strikes the first name and then each shall alternately strike a name, to arrive at an arbi trator who will hear the grievance. However, the parties may mutually agree to an arbitrator without using the above arbitration service. -25- ...' .- . . ,- The parties agree that the grievance shall be heard, before the arbitrator selected, at the earliest possible date. The decision of the arbitrator shall be final and binding upon the parties. However, the arbitrator shall not have the ability to alter or amend any portion of the labor Agreement. The cost of the arbitration process shall be shared equally between the parties. Any cost or fees related to the presentation of the case for each respective party shall be the responsibility of that party and shall not be shared as part of the arbitrator's expenses. The arbitrator shall issue a written decision to the parties within thirty (30) days of the close of the hearing. -26- . . ," ARTICLE VIII - DURATION The parties agree that the term of the Labor Contract between the City of Port Angeles and IAFF Local #656 shall be January 1, 1991, through December 31, 1993. IN WITNESS WHEREOF, we attach our signatures this / ~-d day of o ece~blpf 1990. #656 CITY OF PORT ANGELES ~,t~(j~ YOR fUlz~- U I QXT~R r--. I PRESIDENT McKeen E?.rk 1{. (Jk.e, UNION NEGOTIATOR Brian K. Wheeler ~~ PERSONNEL MANAGER \ ~~R UNION NEGOTIATOR Richard Dill HRFM.l -27-