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HomeMy WebLinkAbout5.249 Original Contract 5.d..yq CITY OF PORT ANGELES 321 EAST FIFTH ST , POBOX 1150 PORT ANGELES, WASHINGTON 98362 PHONE (206) 457-0411 AGREEMENT BETWEEN THE CITY OF PORT ANGELES AND INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL #656 January 1, 1994 - December 31, 1995 TABLE OF CONTENTS PAGE ARTICLE I - GENERAL PROVISIONS section A - Preamble. . . . . . . . . . section B - Recognition . . . . . . section C - Savings Clause. . . . . . . section D - Non-Discrimination. . . . . 1 1 1 1 ARTICLE II - RIGHTS OF PARTIES section A - Management's Rights . . . . . . . . . . . . 2 Section B - Retention of Benefits . . . . . . . 2 section C - In Service Training . . . . . . . . . . . . . . 3 section D - union Security & Payroll Deduction . . . . . . . 3 Section E - Personnel Records . . . . . . . . . . . 4 Section F - Labor-Management Committee. . . . . . . . . . . 4 section G - Agreement Binding on Successors . . . . . . 5 section H - Seniority List. . . . . . . . . . . 5 section I - Bulletin Board. . . . . . . . . . . . . 5 ARTICLE III - WORKING CONDITIONS section A - Work Stoppage . . . . . . . . . . . . . . . 6 Section B - Work Schedule . . . . . . . . . . . . . . . 6 section C - Minimum Manning . . . . 6 Section D - Shift Trading . . . . . . . 6 section E - Response Time Requirement . . . . . . . 6 ARTICLE IV - COMPENSATION section A - Wages . . . . . . . . . . . . . 7 1994 Salary Schedule, Addendum #1 . ... .... 7-A 1995 Salary Schedule, Addendum #2 . . . . . . 7-B Compensation Study Procedures . . . . . . 7-C Section B - Tuition Reimbursement . . . . . . . . . 7 section C - Uniform Maintenance Allowance . . . . . . . 7 section D - Overtime Pay. . . . . . . . . . . . . . . . . . 8 section E - Call-Back Pay . . . . . . . . . .. .... 8 Section F - Higher Class Pay.. ...... 8 section~G - Aid Car Duty. . . . . . . . . . .. .... 8 section H - Fire Prevention Assignment Pay. . . . . . . . . 9 ARTICLE V - PAID LEAVE BENEFITS Section A - Vacation. . . . . . . . . . . . . . . . . . section B - Holidays. . . . . . . . . . . . . . section C - sick Leave. . . . . . . . . . . . . . . . . section D - Family Leave. . . . . . . . . . . . . . ARTICLE VI - HEALTH BENEFITS . . . . . . . . . . . . . . . . .. 14 PAGE 10 11 12 13 ARTICLE VII - GRIEVANCE PROCEDURE. . . . . . . . . . . . . . .. 15 ARTICLE VIII - DURATION OF AGREEMENT . . . . . . . . . . . . .. 18 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 establ ishing 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 Medical Officer The Union agrees to provide the names of the Union officers and any changes to the Human Resources 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 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 renegotiate the invalid provision(s) of the Agreement, which shall have no effect on the remaining provisions of the Agreement. Section D - Non-Discrimination 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. -1- ARTICLE II - RIGHTS OF PARTIES section A - Management's Rights The City and its management representatives shall retain all 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. 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. -2- All disputes between the City and the Union shall be subject to the grievance procedure. Section C - In Service Training The City agrees to include in compensable hours, time spent by employees for "in-service" medic related training and medic run reviews. Such training shall be mandatory as assigned by the Department unless excused because of sick leave or vacation. The City also agrees to include as compensable hours employee staff meetings to discuss medic-related matters. Such meetings shall be of reasonable length and authorized in advance by a chief officer. section D - Union Security and Payroll Deduction 1. It shall be a condition of employment that all employees covered by this Agreement who are mempers 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 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 objections 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 non-religious 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 written 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 i~i tiation 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 restitution in the amount which is due or the City shall terminate employment. -3- 3. Pavroll Deductions. It is agreed that the City shall permit payroll deductions for Union dues or other related deductions properly requested through payroll deduction authorization procedures established by the City and such deductions shall be subject 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. hold the city harmless which may arise as a section. The Union agrees to indemnify and from any liabilities of any nature resul t of the application of this section E - Personnel Records The City and the Union recognize that the,employees' official personnel file relative to any personnel actions (i.e., promotion, disciplinary actions, performance evaluations, pay status, etc.) shall be kept and maintained in the Human Resources 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 Human Resources 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 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 Human Resources Manager, the Fire Chief, or others designated by the City Manager. -4- 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. section H - Seniority List The City shall provide the Union with an updated seniority list annually upon request. Any corrections to the seniority list shall be brought to the attention of the Fire Chief and submitted to the Human Resources 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, for notice of official union business. The Union shall be responsible for maintaining the bulletin board in a neat and orderly manner. -5- ARTICLE III - WORKING CONDITIONS section A - Work Stoppage The Union agrees that there shall be no strikes, slowdowns, work stoppage,Oor any interference with the efficient management of the Fire Department. Section B - Work Schedule The work schequle 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 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. 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. -6- ARTICLE IV - COMPENSATION Section A - Waqes a) Effective January 1, 1994, 2.7% across-the-board wage increase for classifications represented by IAFF #656. The City also agrees to provide a $20 per month contribution for each LEOFF II employee for the duration of the Agreement towards a deferred compensation program offered through the City (this benefit is in lieu of providing a LTD plan). b) Effective January 1, 1995, 2% across-the-board salary increase for classifications represented by IAFF #656. In late 1994, the parties agree to conduct a total compensation survey of mutually agreed upon cities. If the results of the survey indicate salary adjustments are needed, it shall be made effective January 1, 1995. If the inequity increases are in excess of 3.0%, the amount beyond this shall be deferred to January 1, 1996. The amount of the survey deferred to 1996 is in addition to any cost-of-living adjustment negotiated for that year. See Addendum #3 for survey process and criteria. c) See Addendum #1 for 1994 wage schedule and Addendum #2 for 1995 wage schedule. 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. Section C - Uniform Maintenance Allowance 1. Uniform allowance provisions of the current contract shall remain unchanged until possible pending legislation is finalized regarding uniform requirements. At such time the legislation is final, the parties agree to open the uniform maintenance portion of this contract. 2. 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. -7- +2.7% IAFF #656 SALARY SCHEDULE (Bi-Weekly/Monthly Rates) 1994 STEP 1 2 3 4 5 6 Occupation Classification RANGE Code 3000 Firefighter/EMT 1 ,202.67 1,263.13 1,328.68 1,396.26 1,467.38 1 ,543.10 2606 2737 2879 3025 3179 3343 3001 Firefighter/Paramedic 2 1,289.04 1,353.07 1,419.63 1,489.75 1,563.41 1,647.76 2793 2932 3076 3228 3387 3570 3002 Fire Captain 3 1,664.03 1,694.51 1,745.31 3605 3671 3782 3004 Fire Prevention Specialist I 4 1,237.29 1,297.75 1,363.30 1,430.88 1,502.00 1,577.72 2681 2812 2954 3100 3254 3418 3006 Fire Prevention Specialist II 5 1,260.36 1,320.82 1,386.37 1,453.95 1,525.07 1,600.79 2731 2862 3004 3150 3304 3468 3007 Medical Officer 6 1,664.03 1,694.51 1,745.31 3605 3671 3782 3008 Paramedic Prevention Specialist I 7 1,323.66 1,387.69 1,454.25 1,524.37 1 ,598.03 1,682.38 2868 3007 3151 3303 3462 3645 3009 Paramedic Prevention Specialist II 8 1 ,346.73 1,410.76 1,477.32 1,547.44 1,621.10 1,705.45 2918 3057 3201 3353 3512 3695 +2% IAFF #656 SALARY SCHEDULE (Bi-WeekIy/Monthly Rates) 1995 STEP 1 2 3 4 5 6 Occupation Classification RANGE Code 3000 Firefighter/EMT 1 1,226.72 1,288.39 1,355.25 1,424.18 1,496.73 1,573.96 2658 2792 2936 3086 3243 3410 3001 Firefighter/Paramedic 2 1,314.82 1,380.13 1,448.03 1,519.54 1,594.68 1,680.72 2849 2990 3137 3292 3455 3642 3002 Fire Captain 3 1,697.31 1,728.40 1,780:22 3678 3745 3857 3004 Fire Prevention Specialist I 4 1,261.34 1,323.01 1,389.87 1,458.80 1,531.35 1,608.58 2733 2867 3011 3161 3318 3485 3006 Fire Prevention Specialist II 5 1,284.41 1,346.08 1,412.94 1,481.87 1,554.42 1,631.65 2783 2917 3061 3211 3368 3535 3007 Medical Officer 6 1,697.31 1,728.40 1,780.22 3678 3745 3857 3008 Paramedic Prevention Specialist I 7 1,349.44 1,414.75 1,482.65 1,554.16 1,629.30 1,715.34 2924 3065 3212 3367 3530 3717 3009 Paramedic Prevention Specialist II 8 1,372.51 1,437.82 1,505.72 1,577.23 1,652.37 1,738.41 2974 3115 3262 3417 3580 3767 LETTER OF UNDERSTANDING BETWEEN THE CITY OF PORT ANGELES AND IAFF LOCAL #656 COMPENSATION STUDY The City of Port Angeles and IAFF #656 agree to the following procedures relative to the compensation study referenced in the 1994 - 1996 agreement: 1. The City and the Union mutually agree to the following cities to be used in the survey: Centralia Aberdeen Mountlake Terrace Puyallup Mercer Island Lynnwood Edmonds Olympia Longview Auburn Bremerton 2. The items to be surveyed in the compensation study survey shall be total compensation including, but not necessarily be limited to, the following: a) Base wages, starting and top salary, with a 10 year experience firefighter b) Scheduled hours of work c) Net hours of work d) Kelly days or other forms of hour reduction methods e) Longevity pay f) Holiday time/pay g) Annual sick leave accrual h) Annual vacation accrual i) Educational incentive pay j) Premium pay for EMT k) Uniform allowance 1) Other forms of compensation/paid leave benefits m) Monthly cost for health coverage, full family rate n) Pay differential between classifications 7-C 3. The uniform shall be as set forth in the Fire Department Operations/Procedures Manual. 4. The employee agrees to maintain and repair his uniform. 5. 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. 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's regular shift begins, calculated to the nearest 30 minutes. Schedule F - Higher 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 shall receive an additional $7.50 per 24-hour shift. This premium pay is not eligible for Paramedics. -8- section H - Fire Prevention Assiqnment~Pav 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). -9- 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 Length 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 working hours; Le., 12/8 or 8/12; however, no reduction or addition shall occur in previously accumulated annual leave. 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. -10- 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 Floating holidays for new employees shall be pro-rated, based on the employee's hire date, as follows: Date of Hire Shall Receive January through April May through August September through December 3 Floating Holidays 2 Floating Holidays 1 Floating Holiday 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 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. -11- 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 illness 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. 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. 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. -12- 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 or injury to an immediate family member 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. 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. sick leave may also be used for medical, optical, or dental appointments, and may be used in 30-minute increments. Payment of Unused sick Leave (LEOFF I Members Onlv): 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 D - Familv Leave Pursuant to the city Personnel Policy and Procedures Manual, section 7.06, 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 Policy and Procedures Manual, section 7, Leave of Absence, 7.06, Family Leave. -13- ARTICLE VI - HEALTH BENEFITS A. Medical, dental and vision coverage: For the 1994-95 contract terms, the City agrees to fund the AWC Medical Plan A. Dental coverage shall be paid for by the City through the City's self-insurance program. Vision coverage shall be paid for by the City and coverage shall be through the AWC Vision Service Plan, $25 deductible option. The City reserves the right to change insurance carriers as long as the employee benefits are not affected. Any such change will be coordinated with IAFF #656. B. The City agrees to provide crisis/trauma counseling for on- the-job incidents for employees. The crisis/trauma counseling may be on a group or an individual basis. Requests for such counseling shall be made to the Fire Chief. The city further agrees to expand coverage beyond the medical plan coverage to include coverage for out-patient psychological services for employees up to ten (10) visits per year. The claims would be processed through the health plan, with unpaid charges up to the 10 visits paid for by the City. Employees will be responsible for submi tting receipts or Explanations of Benefits for charges. City liability will not include charges in excess of usual and customary. C. Employee Assistance Program - The City agrees to maintain an Employee Assistance Program for the duration of this Agreement. -14- 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 d~fined 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. Rights 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. 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 -15- C. The desired resolution, together with 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 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 Human Resources 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 within ten (10) working days after receipt of the decision of the city Manager. step 4 - Bindinq 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 arbitrator who ,will hear the grievance. However, the parties may mutually agree to an arbitrator without using the above arbitration service. -16- 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. -17- 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, 1994 through December 31, 1995. IN WITNESS WHEREOF, we attach our signatures this t:?Zj day of -D e C(?~6 t,e.. 1993. ~&~ Bob Coons, Human Resources Mgr. aAF~ LOCAL Union Negotiator, #656 Dan McKeen ~ Keith Bogues j~ 1(wM Union Negotiator, Brian Wheeler -18- . f~-' 5, ;;t-<j q CITY OF PORT ANGELES o~~ Il'y MAN,..G~ 321 EAST FIFTH ST , POBOX 1150 PORT ANGELES, WASHINGTON 98362 PHONE (360) 457-0411 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PORT ANGELES AND IAFF LOCAL #656 This Memorandum of Understanding is entered into as a one-year extension to the 1994-95 labor contract between the City of Port Angeles and IAFF Local #656. The parties agree to extend the terms and conditions of the existing contract with the following changes: 1. The duration of the contract will be extended from January 1, 1996 through December 31, 1996; 2. The City shall continue paying for maintenance of existing health benfits through 1996; 3. The 1996 cost-of-living increase shall be 90% of the Seattle CPI-W Index, second half (annualized, published in February). The minimum increase shall be 2.0% and the maximum increase shall be 6.0%; 4. Uniform allowance to be re-opened and finalized by January 1, 1996. FOR THE CITY OF PORT ANGELES: FOR THE UNION: d- ram, President IAFF #656 -.- . ~ . !5 ranz, City Manager ~ ~ 51.3//7.5 Bo Coons, Human Resources Mgr. , Dan McKeen, IAFF #656 _t.eJ:l tS v-' Keith Bogues, ~F #656 Port Angeles Professional Fire Fighters INTERNA TIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 656 102 East 5th Street Port Angeles, Washington 98362 (206) 452-8809 Keith Bogues Local #656 May 18, 1995 Bob Coons Human Resource Manager Dear Bob: The subject of contract extension was taken before the membership on May 9, 1995. The following was passed. Extended the current contract for one year. Cost of Living for 1996 to be 90% of the Seattle CPl. Minimum of 2% / Maximum of 6%. Uniform allowance to be reopened and finalized by January 01, 1996. Sincerely, ~es~~ MEMORANDUM c~~ /)''y MAN~G~ May 31, 1995 TO: Mayor Sargent and city council Members FROM: Bob Coons, Human Resources Manager RE: Extension of Labor Contract with IAFF #656 ISSUE: Should the City Council authorize the Mayor to sign the labor contract extension for 1996 with IAFF #656? BACKGROUND/ANALYSIS: The current labor contract between the city of Port Angeles and the International Association of Firefighters Union Local #656 (IAFF #656) is for the 1994-95 calendar years. The city and IAFF #656 have reached an agreement to extend the existing contract a third year, to cover January 1, 1996 through December 31, 1996. Attached is a Memorandum of Understanding to finalize this agreement. This Memorandum of Understanding provides for maintenance of existing benefits and a cost-of-living increase equal to 90% of the Seattle CPI-W Index. This COLA is consistent with the negotiated 1996 wage increase in the labor contracts for other city unions. RECOMMENDATION: It is recommended that the City Council authorize the Mayor to sign the attached Memorandum of Understanding to extend the labor contract through 1996 between the City and IAFF #656. ~~ Bob Coons, Human Resources Mgr. Attachment cc: Jeff Abram, President, IAFF #656 City Manager Fire Chief