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HomeMy WebLinkAbout5.249 Original Contract AGREEMENT BETWEEN THE CITY OF PORT ANGELES AND INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL #656 January 1, 1997 - December 31, 1998 5. :;(</1 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 2 ARTICLE II - RIGHTS OF PARTIES Section A - Management's Rights 3 Section B - Retention of Benefits 3 Section C - In Service Training 4 Section D - Union Security & PaYroll Deduction 4 Section E - Personnel Records 5 Section F - Labor-Management Committee 6 Section G - Agreement Binding on Successors 6 Section H - Seniority List 7 Section I - Bulletin Board 7 ARTICLE III - WORKING CONDITIONS Section A - Work Stoppage Section B - Work Schedule Section C - Minimum Manning Section D - Shift Trading Section E - Indemnification of Employees Section F - Tobacco Use Section G - Fire Captain Eligibility List and Educational Requirements 8 8 9 9 9 9 9 ARTICLE IV - COMPENSATION Section A - Wages Section B - Tuition Reimbursement Section C - Uniform Maintenance Allowance Section D - Overtime Pay Section E - Call-Bad, Pay Section F - Higher Class Pay Section G - Aid Car Duty II 11 1 1 12 12 12 12 PAGE ARTICLE IV - COMPENSATION (Con't) Section H - Fire Prevention Assignment Pay Section I - Compensatory Time Section J - Specialist Pay 13 13 13 ARTICLE V - PAID LEAVE BENEFITS Section A - Vacation Section B - Holidays Section C - Sick Leave Section D - Family Leave 14 15 16 18 ARTICLE VI - HEALTH BENEFITS Section A - Medical, Dental and Vision Coverage 19 Section B - Crisis!frauma Counseling 19 Section C - Employee Assistance Program 19 ARTICLE VII - GRIEVANCE PROCEDURE 20 ARTICLE VIII - DURATION OF AGREEMENT 23 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 pwpose 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 - Recognition 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 FirefighterIParamedic Medical Officer Fire Prevention Specialist The Union agrees to provide the names of the Union officers and any changes to the Human Resources Manager. Section C - Savings 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. I ARTICLE I - GENERAL PROVISIONS (Con't) 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. 2 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. 3 ARTICLE II - RIGHTS OF PARTIES (Con't) 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 mal<.e 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 - 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 sicl<.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 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 of their emplOYment, 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. 4 ARTICLE II - RIGHTS OF PARTIES (Con't) 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 restitution in the amount which is due or the City shall terminate emplOYment. 3. PaYroll 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. 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. 5. Temporary employees covered by this Agreement shall contribute an amount equal to Union dues, assessments and initiation fees on a monthly basis. The contribution shall be made by the employee to the Union through paYroll deduction, with the Union contributing the funds to one of the following charities: Northwest Bum Foundation; Muscular Dystrophy Association; or a local charity selected by Local #656. Section E - Personnel Records The City and the Union recognize that the employees' official personnel file relative to any personnel actions (Le., 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 taldng personnel actions that result in information being placed in the official personnel file. 5 ARTICLE II - RIGHTS OF PARTIES (Con't) 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/Management 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. 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 - Agreement Binding 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. 6 ARTICLE II - RIGHTS OF PARTIES (Con't) 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. 7 ARTICLE III - WORKING CONDITIONS Section A - Work Stoppage 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 Shift Personnel: The work schedule for 24-hour shift 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. The daily work hours assigned shall be maintained as authorized in the Port Angeles Fire Department Policy and Proceudres manual upon execution of this Agreement. 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. Floater Position: The floater position shall have a work schedule of 53 hours per week. The work schedule shall be posted 30 days in advance. The floater position will be assigned a combination of 24 hour shifts and day shifts to accommodate the 53 hour work week. The floater position shall be eligible to receive the 96 hours of compensation under the shift personnel language above. Fire Prevention Specialist: The work week for personnel assigned to Fire Prevention shall be a 40 hour work week, with 8 hour work days. Changes to the work schedule shall be posted 30 days in advance. 8 SECTION III - WORKING CONDITIONS (Con't) Section C - Minimum Manning Shift minimum manning shall be three (3) Firefighters and one (1) FirefighterlParamedic. One of the Firefighters shall perform in the capacity of Shift Captain. Section D - Shift Trading 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. Section E - Indemnification of Employees The City shall indemnify employees as authorized in the Port Angeles Municipal Code, Chapter 2.64, and State RCW 4.96.041. Section F - Tobacco Use Employees hired after January 1, 1986 shall not habitually smoke tobacco on or off the job as a condition of employment. If any of these members subsequently begin habitual smoking tobacco, they will be required to participate in a tobacco cessation program, mutually agreed upon, and paid for by the City. The smoldng cessation program will be a one-time offer and must be successfully completed in 6 months or less. If the member continues to habitually smoke tobacco on or off duty, they will be subject to discipline procedures up to and including termination. This policy does not apply to the use of smokeless tobacco. Section G - Fire Captain Eligibility List and Educational Requirements The City agrees to test for Fire Captain every two years and maintain an eligibility list. Additionally, the parties agree that by the testing date in the year 2000, the educational requirements for Fire Captain shall include an AA Degree or equivalent number of college credits, with a minimum of nine units in Management or Supervision. The Fire Suppression Captain and the Medical Officer will be hired from the Fire Captain eligibility list. The rule of three shall apply. However, the top three paramedics on the eligibility list will be certified for Medical Officer; the top three candidates on the Captain list will be certified for the Fire Supression Captain. 9 ARTICLE III - WORKING CONDITIONS (Con't) The two-year testing process will be an assessment center, when an opening is expected. The top six candidates in the written test will advance in the assessment center process. If an open position is not expected, the testing process will include a written test. The written test shall be open to all employees, however the only employees who meet the current criteria for promotion at the time of the test shall be eligible for promotion or placement on the acting Captains list. The City agrees to post the reading list for the written test four (4) months prior to the test for the routine testing above. The City agrees to maintain at least one copy of all books on the reading list. 10 ARTICLE IV - COMPENSATION Section A - Wages Effective January 1, 1997, 2.5% across-the-board wage increase for classifications represented by IAFF #656. The City also agrees to provide a $30 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). The $30 contribution shall be effective the month after contract ratification. The 1997 salary schedule shall remain effective through the 1997-98 contract. The parties agree to a 0% increase in wages for 1998. 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. New employees hired by the City will receive a full uniform, including 2 pants and 2 shirts for their first year of emplOYment. 2. The City shall provide a uniform maintenance allowance (excluding newly hired employees covered above) of $400 per calendar year. Employees shall purchase uniform items and provide a copy of the receipt to the Fire Department for reimbursement. The City shall provide a balance for an employee on the amount of the uniform allowance used, upon request. 3. The uniform shall be as set forth in the Fire Department Operations/Procedures Manual, as an attachment to this Agreement. 4. The employee agrees to maintain and repair his uniform. 5. The City agrees to furnish required protective clothing and safety equipment. 11 ARTICLE IV - COMPENSATION (Con't) 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. 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. 12 ARTICLE IV - COMPENSATION (Con't) Section H - Fire Prevention Assignment Pay An employee assigned to the Fire Prevention Division of the Fire Department shall receive premium pay of $75 per month. Mter the employee has successfully obtained their IFCI Fire Inspection Certification, the employee shall receive an additional $50 per month (total of $125 per month premium pay). The City shall assist the employee in obtaining the IFCI certification within the first six (6) months of having been placed in the Fire Prevention Division. Section I - Compensatory Time Compensatory time may be granted in lieu of overtime. Compensatory time may be accrued up to 80 hours for day personnel, 96 for shift personnel. The employee shall have the option of overtime or compensatory time. Compensatory time will be given at the rate of time-and- one- half. Section J - Specialist Pay Firefighter Specialist is identified as those firefighters and paramedics who have met the criteria of certification as outlined by the Fire Chief in the Memorandum of Understanding, to be negotiated and attached to this agreement (which will be completed within six (6) months of execution of this agreement). Compensation for this certification shall be two percent (2%) of the employee's base pay. 13 ARTICLE V - PAID LEAVE BENEFITS Section A - Vacation Vacation leave with pay will accrue to each member of the union worldng a 24-hour shift schedule at the following rate: Maximum Length 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 worldng 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 worldng hours; Le., 12/8 or 8/12; however, no reduction or addition shall occur in previously accumulated annual leave. 14 ARTICLE V - PAID LEAVE BENEFITS (Con't) 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 - Holidays 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 tal(en 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 tal(en 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 (Le., 53 hours) on the pay day after July 4th, and the remaining half owed the last pay day of the calendar year. 15 ARTICLE V - PAID LEAVE BENEFITS (Con't) 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. 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. 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. 16 ARTICLE V - PAID LEAVE BENEFITS (Con't) 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. 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: I. 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 Only): If an employee has ten years or more seIVice 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. 17 ARTICLE V - PAID LEAVE BENEFITS (Con't) Section D - Family Leave Pursuant to the City Personnel Policy and Procedures Manual, Section 7.06, an employee is entitled to up to 12 weel<s 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. 18 ARTICLE VI - HEALTH BENEFITS A. Medical, Dental and Vision Coverage: For the 1997-98 contract terms, the City agrees to fund the AWC Medical Plan "B". The effective date of Plan "B" shall be April I, 1997. The City agrees to reimburse employees for certain co-payments to make Plan "B" equal to Plan "A" coverage as identified in the addendum to this Agreement. Reimbursement of these co-pays shall be by procedures established by the City. 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 A WC 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. CrisisfTrauma Counseling: 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 submitting 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. 19 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 pwposes 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 quicldy. 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: 20 ARTICLE VII - GRIEVANCE PROCEDURES (Con't) A. The nature of the grievance; B. Alleged violation by Contract Section, Department Rule/Regulation, Policy, etc.; and 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 th~ 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 fOIWarded 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 Manager 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. Mter 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. 21 ARTICLE VII - GRIEVANCE PROCEDURES (Con't) 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 arbitrator who will hear the grievance. However, the parties may mutually agree to an arbitrator without using the above arbitration service. 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. 22 ,- 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 I, 1997 through December 31, 1998. IN WITNESS WHEREOF, we attach our signatures this oz.g day of F.e-6rv/)y ~ ,1997. / CITY OF PORT ANGELES IAFF LOCAL #656 Qo~C0:t.,o~~~ rosper strowski, Mayor U!~~~th Bogues ~;:;anz ~ ~L f:J- Bruce Becker, Fire Chief ~~, Union Negotiator, Todd German /j/~g . Dave Chastain, President, IAFF #656 ~~ Bob Coons, Human Resources Mgr. 23 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PORT ANGELES AND IAFF LOCAL #656 This Memorandum of Understanding is an addendum to the 1997-98 labor contract, to address three issues that will need further discussion. The three issues are noted below: 1. Fire Department Reorganization The parties recognize that upon retirement of the Assistant Fire Chief, the City may opt to eliminate the position for budget reduction reasons. The Fire Department Administration proposed a possible reorganization and agrees to negotiate the impact of a reorganization if it occurs. 2. Floater Position The City and Union agree to further discussions on working hours for the floater position. 3. Minimum Manning for Employees to Attend College Courses The City agrees to further discuss this matter and attempt to resolve the issue over the next six (6) months and after additional information is available on expanding fire science courses at Peninsula College. 4. A WC Health Plan "B" The union agrees to move to A WC medical plan "B" from plan "A", with the City reimbursing employees in the areas noted by an asterisk on the attached exhibit "A". These areas will be paid equal to A WC Plan A levels, with reimbursement procedures established by the City. FOR THE CITY: ~ Q- f'~ ___ era:6Jz, City Manager FOR THE UNION: , I ~~,ff Po ~~ Bob Coons, Human Resources Mgr. Dave Chastain, IAFF #656 President Association of Washington Cities Employee Benefit Trust 1997 Medical Plan Comparison I . . Annual Deductible Max. Annual Out-of-Pocket Exp./lndividual * Hospital Outpatient I Inpatient Maternity Care : * Newborn Care Physical Therapy (Outpatient) * Inpatient Rehabilitative Services ' Neurodevelopmental Therapy ~ Chemical Dependency AWClWPS Plan A AWClWPS Plan B $1,000,000 $1,000,000 $5,000 $5,000 $50/individual; $150/family For major medical benefits only. $100/individual; $300/family All benefits payable after deductible is met. $425/person; $1,275/family $475/person; $1,425/family 100% for employee; annual deductible, then 100%for dependents. 100% 100% including x-ray and lab. 100% 100% 100% 90% 80% Paid as an illness for employee/spouse only. Paid as an illness for employee/spouse only. 100% for 48 hours for normal birth; up to 96 hours for ceasarean birth. 80% to out-of-pocket max.; 48 hours for normal birth; 96 hours for ceasarean birth. Paid in full for employee; 80% for dependents. 80% 80% to a max. of 30 days per Paid in full to max. of 30 days per condit" 80% to age 7; subject to deductible. 80% to age 7; subject to deductible. Paid in full to $5,000 per 24-month period; $10,000 lifetime max. 80% to $5,000 per 24-month period; $10,000 lifetime max. * AWOWPS Plan A Not covered under medical plan. Paid-in-full funding provided by Wellness Program. Not covered Paid in full. Subject to deductible for spouse. Paid in full. Subject to deductible for spouse. Paid in full for employee only. Additional coverage for exams and materials available through separate vision plan. 100% for employee; 100% to $10,000 lifetime maximum for dependents. 50% to $1,000/year. AWOWPS Plan B Not covered under medical plan. Paid in full funaiRg I'lrgvid9d by Wellness prnar;:lm Not covered 100%-Physician 90%-Facility 100%-Physician 100% for employee only. Additional coverage for exams and materials available through separate vision plan. 80% for employee; 80% to $10,000 lifetime maximum for dependents. 50% to $1,000/year. Home Health Care f 100% to 130 visits/year. 100% to 130 visits/year. Hospice Care ! 100% to $10,000 or 6 months max. 100% to $10,000 or 6 months max. Prescription Drugs I, $7 copay-brandname; $4 copay-generic. $7 copay-brandname; $4 copay-generic. * 80% until max. out-of-pocket expense, then paid in full to $200,000 per organ. I Organ Transplants i I Paid in full to $200,000 per organ lifetime max. * Paid in full to $200 per calendar year Chiropractic -', $20/call; 20 calls per year; $100 for x-rays. * 80% 80% First $50 paid in full, then 80%. Not covered. 75% to $500 lifetime max.; prescriptions for nicotine withdrawal covered under drug program (90 day limit). 80% 80% 80% Not covered. 75% to $500 lifetime max.; prescriptions for nicotine withdrawal covered under drug program (90 day limit). NOTE: This "Medical Plan Comparison" is presented in summary form and should be used for general purposes only. Please consult the contracts for complete and accu- rate information on the conditions. exclusions. limitations and coverage benefits. +2.5 IAFF #656 SALARY SCHEDULE (Bi-Weekly/Monthly Rates) 02/18/97 1997 STEP 2 3 4 5 6 Occupation Classification RANGE Code 3000 Flreflghter/EMT 1 ,407 09 1,477 83 1 ,554 52 1,633 58 1,71680 1 ,805 39 3049 3202 3368 3539 3720 3912 3001 Firefighter/Paramedic 2 1,50814 1 ,583 05 1,660 93 1,74297 1,82914 1,927.83 3268 3430 3599 3776 3963 4177 3002 Fire Captain 3 1 ,946 86 1 ,982 53 2,04197 4218 4295 4424 3004 Fire Prevention Specialist I 4 1,441.70 1,51244 1,58914 1,668 20 1,751.42 1 ,840 01 3124 3277 3443 3614 3795 3987 3006 Fire Prevention Specialist II 5 1 ,464 78 1 ,535 52 1,61221 1,691 28 1,77449 1 ,863 09 3174 3327 3493 3664 3845 4037 3007 Medical Officer 6 1 ,946 86 1,98253 2,041 97 4218 4295 4424 3008 Paramedic Prevenlion Specialist I 7 1 ,542 76 1,617 66 1,695 55 1,777 59 1 ,863 76 1 ,962 45 3343 3505 3674 3851 4038 4252 3009 Paramedic Prevention Specialist II 8 1 ,565 83 1,64074 1,71862 1 ,800 66 1 ,886 83 1 ,985 53 3393 3555 3724 3901 4088 4302 " City Manager's Office Memorandum Jeffrey A Pomeranz CIty Manager Sharon "Sam" Martm Exec AdmIn. AssIstant Becky J. Upton, CMC CIty Clerk! Management AssIstant Bob Coons Hwnan Resources Manager Camille Headnck Hwnan Resources AssIstant 5,~1-q August 19, 1997 TO: Bruce Becker, Fire Chief Dave Chastain, President, IAFF #656 FROM: Bob Coons, Human Resources Manager RE: Memorandum of Understanding on Training Officer Testing Process Attached is a signed copy of the Memorandum of Understanding concerning the testing process for Fire Captain/Training Officer. In our discussions on this matter, we did not address the possibility of a minimum number of candidates before the assessment center is used as the selection process. However, the City is signing the Memorandum of Understanding with the understanding that we must have four or more candidates for the Training Officer or Fire Captain in order to use an assessment center. It costs in excess of $4,000 for the assessment center. If we have three or fewer candidates, we will use the written test and interview board to established the list. If this process is not agreeable, we will need to further discuss the Fire Captainffraining Officer selection process. If the union agrees, we can use the this memo as part of the Memorandum of Understanding. Thank you. -g~~ Bob Coons, Human Resources Mgr. Attachment cc: Jeff Pomeranz Dan McKeen . . MEMORANDUM OF UNDERSTANDING TRAINING OFFICER PROMOTIONAL EXAM A Captain's promotional exam consisting of a written test and assessment center will be given to establish a Training Officer eligibility list. Eight candidates selected from the top scores of the written exam, along with current Shift Captains and Medical Officer, will be eligible to continue to the assessment center. From the assessment center an eligibility list will be established. This eligibility list will be certified for the Training Officer and Acting Captain's position only. The current Shift Captain eligibility list will be extended until June 30, 1998. A new Captain written exam will be administered approximately January 1, 1999. Should a Shift Captain position become available after June 30, 1998 and prior to January 1, 1999, a new written test and assessment center will be given. Current Acting Captains who passed the last Captain's test will remain on the Acting Captains' list along with any new Acting Captains who passed the Captain's test for Training Officer. FOR THE CITY: FIREFIGHTERS UNION #656: ~.- - - .t_A Bruce Becker, FIre Chief - /JJ / a~ Dave Chastain, President, IAFF #656 ~~ Bob Coons, Human Resources Mgr. lAuJlJ C. ~'yJ.c Local #656 Union ffiClal Date ~j9/?? * c:UT~ k~ o~ rr/i1/f /' Date 2'-~-9l A \TOPROMO MEM FIRE DEPARTMENT REORGANIZATION DUE TO ELIMINATION OF THE ASSISTANT CHIEF POSITION Reorganization Items: Shift manning to remain with six personnel. Provide a 45-hour Training Officer through the elimination 'of the current Fire Prevention Specialist (see job description). The Training Officer will not participate in routine fire prevention duties. However, incidental duties may be assigned. When the shift manning is above four personnel, a firefighter wil be assigned to Fire Prevention during the hours of 1 to 4:30 PM, Monday through Friday. For major Fire Prevention events which require scheduling prior to 12:00 PM, the firefighter assigned to prevention could be assigned to the morning with 30 days notice. A "probationary" firefighter will not be assigned to Fire Prevention. This does not apply to a second year "driver/operator" program. Major events such as Sparky Week would be assigned to a shift for pre-event administration. The shifts will assume responsibilities of routine weekend and after-hour inspections, not including inspections which would take a unit out of service. Inspections falling between 9 PM and 7 AM will be the Fire Marshal's responsibility. Training Officer: Wage: For initial appointment, the Training Officer shall start at second step, and upon completion of probation, shall receive top step of the Training Officer classification. An individual who is currently receiving third step Captain pay shall start at top step Training Officer classification. The Training Officer is responsible to attend training council meetings and scheduled volunteer drills, excluding EMS drills and Volunteer Association meetings. Fire Department Reorganization Page -2. Testing: The Training Officer position will be a promotional, tested Captain-level position filled from within Local #656. The educational requirements of an M Degree will not apply to this current testing process for Fire Captain or persons appointed off the eligible list. The promotional examination list will be used to fill vacancies for Shift Captain and Medical Officer, in addition to the Training Officer. Note: the Training Officer does not have the right to transfer out of the administrative position to a shift Captain without first competing or maintaining their eligibility on the current promotional exam list. Changes in the Prevention Program: Level 4 inspections will be conducted every other year, decreasing the annual Level 4 inspections by one-half. Approximately six Level 4 inspections will be given monthly to each shift in addition to the current 15 inspections. Building surveys will be reduced by one-half, requiring a building survey to be completed by each shift, every other month. FOR THE CITY: ~~ Bruce Becker, Fire Chief Dave Chastain, PresIdent, IAFF #656 l~a-Q G. ~~ Local #656 Union 0 lCial .s?-~~- q 1 Date Date rt-/;9'/"? ARTICLE V - PAID LEAVE BENEFITS 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 members as defined in this Section. Accrual: LEO FF I employees shall accrue sick leave at the rate of 12 hours per month for 24-hour shift employees or eight hours per month for employees assigned to days. LEOFF II employees newly hired shall be granted their first year' 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 of 24 hours/month. FOR THE CITY: FI~HTERS UNION #656: /~.;:~C7~ Dave Chastain, President, IAFF #656 ~iO~ ~SJ- Bruce Becker, Fire Chief Resources Mgr. ~-Ce-ql Date Date rv/;9/97 ARTICLE IV - COMPENSATION Section J - Specialist Pay Firefighters and Paramedics who meet the criteria for Specialist pay are eligible to receive $22 a month for each of the following certifications: · Rope Rescue Systems I · Trench and Evacuation collapse Rescue · Confined space Rescue · Hazardous Materials Criteria: Firefighters shall meet the Washington State Performance Qualifications at the technical level for each area of technical or hazardous materials. In addition, firefighters shall participate in training and response on the Special Operations Team. 70% attendance of the monthly Special Operations drills are required and will be monitored on a six-month basis. Failure to meet minimum required annual drills will constitute a loss of Specialist pay and will begin again once the employee meets the qualifications and required training over the next six months review period. Off-duty personnel who attend authorized Special Operations training will receive overtime or comp time as outlined in Article IV of the union contract. FOR THE CITY: ~J:J-- Bruce Becker, Fire Chief FIREFi<(HTERS UNION #656: /j 0' If a~. Dave Chastain, President, IAFF #656 ~6~ Bob Coons, H man Resources Mgr. ~~ (b~~ IAFF #656 Union Official 2 ~lo-ql Date Jef Date 'r/;1/~.7 APPENDIX A - FLOATER SLIDING SHIFT MATRIX Refer to the sliding scale below to determine the correct proportion of 24-hour shifts to 9-hour work days in the event that the maximum allowable 24-hour shifts are not worked. 24-HOUR SHIFTS 9-HOUR WORK DAYS HRS. /28 DAY CYCLE 0 20 180 1 17 177 2 15 183 3 13 189 4" 12 204 5 10 210 6 7 207 7 4 204 8 2 210 9 0 216 FOR THE CITY: FIREFIGHTERS UNION #656: ~ ~-'--- Bruce Becker, Fire Chief )jYd:~ Dave Chastain, President, IAFF #656 ~cue L~~ Local #656 Union Official ct? -(0 .- q ') Date Date r//'J/?'? _. (-- "'.. ARTICLE III - WORKING CONDITIONS Section B - Work Schedule Shift Personnel: The work schedule for 24-hour shift Fire personnel will be an average of 56 hours per work week, less a 12-hour "Kelly Day" credited each 28-day 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. The daily work hours assigned shall be maintained as authorized in the Port Angeles Fire Department Policy and Procedures manual upon execution of this Agreement. Compensation for the 96 hours noted above shall be paid twice annually, one-half the first paycheck 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. Floater Position: The floater position shall have a flexible work schedule consisting of a combination of 24-hour shifts and 9-hour work days. The flexible work schedule will be based upon the number of scheduled 24-hour shifts and corresponding 9-hour work days as outlined in Appendix A of the contract - Floater's Sliding Shift Matrix. The work schedule shall be posted 30 days in advance. The floater position shall be eligible to receive 96 hours of compensation under the shift personnel language above, but not Kelly days. Fire Prevention Specialist: The work week for personnel assigned to Fire Prevention shall be a 40-hour work week, with 8-hour work days. Changes to the work schedule shall be posted 30 days in advance. . .,. . ~ . .. l Article III - Worldng Conditions (Con't) Training Officer: The work week for the Training Officer shall be a 45-hour work week which includes night drills and meetings relating to training or equipment maintenance. The Fire Chief will set the assignment schedule with 30 days notice of any changes. Lunch hour will be considered time off for purposes of scheduling and call-back. Required evening drills and meetings will be a 2-hour minimum for purposes of hours scheduled. FOR THE CITY: FlREJ\HTERS UNI0~~ / ;(/Z-rA~' Dave Chastain, President, IAFF #656 ~J2~ IAFF #656 Union fficial ~~ Bruce Becker, Fire Chief Date 'is- (g - 9'1 Jeff Date r/;?/~7 :.:2,5%, ' IAFF #656 SALARY SCHEDULE (Bi-WeeklylMonthly Rates) 07/03/97 1997 16:15:53 2 3 4 5 6 Occupation Classification RANGE Code 3000 Flrefighter/EMT 1,407 09 1,477.83 1,554.52 1,633.58 1,716.80 1,805.39 3049 3202 3368 3539 3720 3912 3001 Firefighter/Paramedic 2 1,508 14 1,583.05 1,660.93 1,74297 1,829.14 1,927.83 3268 3430 3599 3776 3963 4177 3002 Fire Captain 3 1,946.86 1,982.53 2,041 97 4218 4295 4424 3003 Training/Maintenance Officer 9 2,130 46 2,169.23 2,234.31 4616 4700 4841 3004 Fire Prevention Specialist I 4 1,44170 1,512.43 1,589.14 1,668.20 1,751.42 1,840.01 3124 3277 3443 3614 3795 3987 3006 Fire Prevention Specialist II 5 1,464 78 1,535.52 1,61221 1,691 28 1,77449 1,863.09 3174 3327 3493 3664 3845 4037 3007 Medical Officer ~ 1 ,946 86 1,982.53 2,041.97 4218 4295 4424 3008 Paramedic Prevention Specialist I 7 1,542 76 1,617.66 1,695 55 1,777.59 1 ,863 76 1,962.45 3343 3505 3674 3851 4038 4252 3009 Paramedic Prevention Specialist II 8 1,565.83 1,640.74 1,71862 1,800.66 1,886 83 1,985.53 3393 3555 3724 3901 4088 4302 FOR THE CITY: FIREFIGHTERS UNION #656: ~o~._ ~ Bruce Becker, Fire Chief /JJ~~~ Dave Chastain, President, lAFF #656 ~b~ Bi;Aan;rces M~ J f Po r nz, CIty anager ~~4~ Local #656 Union Official Date r/;~~? Date 2?'-C,a -ct'l