HomeMy WebLinkAboutHR2000-0119 - Original - Kent Firefighters Local 1747, IAFF - 2000-2002 Assistant Chiefs Collective Bargaining Agreement COLLECTIVE BARGAINING AGREEMENT
BETWEEN
CITY OF KENT
AND
I.A.F.F. LOCAL 1747
Representing
KENT FIRE DEPARTMENT ASSISTANT CHIEFS
January 1, 2000 through December 31 , 2002
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TABLE OF CONTENTS
TABLEOF CONTENTS...................................................................................................I
PREAMBLE.....................................................................................................................1
ARTICLE 1 - RECOGNITION OF THE BARGAINING UNIT ..........................................1
ARTICLE 2 - UNION MEMBERSHIP..............................................................................1
SECTION 2.1 NON-DISCRIMINATION ................................................................................1
SECTION 2.2 MEMBERSHIP CONDITION OF EMPLOYMENT..................................................1
SECTION 2.3 CONTRIBUTION IN LIEU OF DUES.................................................................1
SECTION 2.4 TIME LIMIT AND OPTIONS............................................................................2
SECTION 2.5 DUES DEDUCTION......................................................................................2
SECTION 2.6 NON-COMPLIANCE.....................................................................................2
SECTION 2.7 NOTIFICATION............................................................................................2
ARTICLE 3 - NON-DISCRIMINATION/AFFIRMATIVE ACTION.....................................3
ARTICLE 4 - SALARIES.................................................................................................3
SECTION4.1 WAGES.....................................................................................................3
SECTION4.2 LONGEVITY................................................................................................3
SECTION 4.3 DEFERRED COMPENSATION MATCH ............................................................3
SECTION 4.4 HEALTH AND PHYSICAL FITNESS FUNDS ......................................................4
ARTICLE 5 - HOURS OF WORK....................................................................................4
ARTICLE 6 - COMMUNITY SERVICE DUTIES..............................................................5
ARTICLE 7 - EXECUTIVE LEAVE..................................................................................5
ARTICLE 8 - TEMPORARY DETAIL TO HIGHER POSITIONS.....................................6
ARTICLE9 - HOLIDAYS.................................................................................................6
SECTION 9.1 HOLIDAYS OBSERVED ................................................................................6
SECTION 9.2 DUTY CHIEF DUTY ON HOLIDAYS.................................................................6
ARTICLE 10 - VACATION ..............................................................................................6
SECTION 10.1 VACATION ACCRUAL RATE .......................................................................6
SECTION 10.2 VACATION/SENIORITY ..............................................................................6
SECTION 10.3 REQUESTS AND PRIORITY FOR VACATION ..................................................6
Subsection10.3.1 Requests............................................................................................................... 6
Subsection 10.3.2 Minimum Hours..................................................................................................... 7
SECTION 10.4 MAXIMUM ACCRUALS ...............................................................................7
SECTION 10.5 VACATION ACCRUAL CARRYOVER.............................................................7
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ARTICLE 11 - SENIORITY..............................................................................................7
SECTION 11.1 SENIORITY DEFINED.................................................................................7
SECTION 11.2 SENIORITY LISTS .....................................................................................8
SECTION 11.3 LAY-OFFS...............................................................................................8
ARTICLE 12 - INSURANCE BENEFITS.........................................................................8
SECTION 12.1 LEGAL REQUIREMENTS ............................................................................8
SECTION 12.2 EMPLOYEE COVERAGE.............................................................................8
Subsection 12.2.1 LEOFF I Employees.............................................................................................. 8
Subsection 12.2.2 LEOFF 11 Employees............................................................................................. 9
SECTION 12.3 PLANS OFFERED .....................................................................................9
SECTION 12.4 DEPENDENT COVERAGE...........................................................................9
SECTION 12.5 CONTINUATION OF DEPENDENT MEDICAL...................................................9
SECTION 12.6 LIFE INSURANCE....................................................................................10
SECTION 12.7 NEW LONG TERM DISABILITY INSURANCE................................................10
SECTION 12.8 HEALTH CARE COMMITTEE.....................................................................10
SECTION 12.9 MEDICAL EXAMINATIONS ........................................................................10
SECTION 12.10 NEW RETIREE MEDICAL SAVINGS PLAN.................................................11
ARTICLE 13 - BEREAVEMENT LEAVE.......................................................................11
ARTICLE 14 - REIMBURSEMENT OF EXPENSES.....................................................11
ARTICLE 15 - MANAGEMENT RIGHTS.......................................................................11
ARTICLE 16 - DISCIPLINE...........................................................................................12
SECTION 16.1 DEPARTMENT RULES .............................................................................12
SECTION 16.2 DISCIPLINARY MEASURES.......................................................................12
SECTION 16.3 RIGHT OF PRIVACY ................................................................................12
ARTICLE 17 - GRIEVANCE PROCEDURES................................................................12
ARTICLE 18 - ELECTION OF REMEDIES ...................................................................13
ARTICLE 19 - CONTRACT MODIFICATION................................................................14
ARTICLE 20 - SICK LEAVE..........................................................................................14
SECTION 20.1 SICK LEAVE ACCRUAL............................................................................14
Subsection20.1.1 All Employees...................................................................................................... 14
Subsection 20.1.2 New Hire Employees........................................................................................... 14
Subsection 20.1.3 Maximum Accumulation of Sick Leave................................................................ 15
SECTION 20.2 APPROVED USE OF SICK LEAVE..............................................................15
SECTION 20.3 REQUESTS FOR DOCTOR'S AUTHORIZATION.............................................15
SECTION 20.4 LIGHT DUTY ASSIGNMENT.......................................................................15
SECTION 20.5 NOTICE TO DEPARTMENT .......................................................................15
SECTION 20.6 SICK LEAVE LEOFF II EMPLOYEES ON DUTY INJURY LEAVE PROVISION....15
SECTION 20.7 SICK LEAVE INCENTIVE PROGRAM...........................................................16
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ARTICLE 21 - MILITARY LEAVE .................................................................................16
ARTICLE 22 - LOCAL UNION BUSINESS...................................................................16
ARTICLE 23 - UNIFORMS............................................................................................17
SECTION 23.1 UNIFORMS ISSUED.................................................................................17
SECTION 23.2 DAMAGED UNIFORMS/WORK CLOTHES REIMBURSEMENT..........................17
ARTICLE 24 - PERSONNEL FILES..............................................................................17
ARTICLE 25 - PERFORMANCE OF DUTY ..................................................................17
ARTICLE 26 - TAKE HOME VEHICLES.......................................................................18
ARTICLE 27 - SMOKE FREE WORK PLACE..............................................................18
ARTICLE 28 - SUBSTANCE ABUSE POLICY.............................................................18
SECTION28.1 POLICY.................................................................................................18
SECTION 28.2 INFORMING EMPLOYEES ABOUT DRUG AND ALCOHOL TESTING .................18
SECTION 28.3 EMPLOYEE TESTING...............................................................................19
SECTION 28.4 SAMPLE COLLECTION.............................................................................19
SECTION 28.5 DRUG TESTING......................................................................................20
SECTION 28.6 ALCOHOL TESTING.................................................................................21
SECTION 28.7 MEDICAL REVIEW PHYSICIAN..................................................................21
SECTION 28.8 LABORATORY RESULTS..........................................................................21
SECTION 28.9 TESTING PROGRAM COSTS ....................................................................22
SECTION 28.10 REHABILITATION PROGRAM ..................................................................22
SECTION 28.11 DUTY ASSIGNMENT AFTER TREATMENT.................................................22
SECTION 28.12 RIGHT OF APPEAL................................................................................22
SECTION 28.13 UNION HELD HARMLESS.......................................................................22
SECTION 28.14 CONSENT FOR SAMPLING AND RELEASE OF INFORMATION FORM .............24
ARTICLE 29 - AVAILABILITY FOR DUTY CHIEF........................................................25
ARTICLE 30 -WAIVER OF RIGHTS - NON-BARGAINING ITEMS .............................25
ARTICLE 31 - SAVINGS CLAUSE ...............................................................................25
ARTICLE 32 - ENTIRE AGREEMENT..........................................................................25
ARTICLE 33 - MERGER, CONSOLIDATION AND CONTRACTS FOR SERVICES....26
ARTICLE 34 - DURATION OF AGREEMENT...............................................................27
APPENDIX ,.A.. ................................................................................................................I
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PREAMBLE
This agreement is entered into by and between the City of Kent, (hereinafter referred to as
City) and Kent Firefighters Local 1747 of the International Association of Firefighters
(hereinafter referred to as Union).
It is the purpose of this document to set forth the entire agreement between the City and
the Union in regard to wages, hours and working conditions so as to promote efficient and
uninterrupted performance of Fire Department functions. It is also intended to provide
recognition for the rights and responsibilities of the City, Union and employees. Wherever
the male or female gender is used singularly in this agreement, it shall be construed to
include both male and female employees.
ARTICLE 1 - RECOGNITION OF THE BARGAINING UNIT
The City recognizes the Union as the exclusive bargaining representative of all regular, full
time, uniformed employees of the Kent Fire Department with the rank of Assistant Chief,
excluding confidential employees.
ARTICLE 2 - UNION MEMBERSHIP
Section 2.1 Non-Discrimination
The City and the Union agree that all employees covered hereunder shall be encouraged
to become and remain members in good standing of the Union, and the Union accepts its
responsibility to fairly represent all employees in the bargaining unit regardless of
membership status. Neither party shall discriminate against any employee on account of
membership or non-membership in any labor union or other employee organization.
Section 2.2 Membership Condition of Employment
It shall be a condition of employment that all employees covered by this agreement, who
are now members of the Union or become members after the effective date of this
agreement, remain a member in good standing during the term of this agreement.
Section 2.3 Contribution in Lieu of Dues
Employees who are not members of the Union on the effective date of this agreement shall
become a member of the Union within thirty (30) days of their hire-in-date, or in lieu
thereof, pay an initiation fee plus a monthly service charge equivalent to the regular Union
dues. Such service charge shall be made to the Union monthly as a contribution toward
administration of this agreement; provided, however, that employees who cannot pay such
charges as a result of religious convictions shall be governed by Section 2.4.3 of this
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agreement.
Section 2.4 Time Limit and Options
New employees hired during the term of this agreement shall within thirty (30) days of their
hire-in date:
1. Become a member of the Union;
2. Pay an initiation fee, plus a monthly service charge to the Union in lieu of union
dues.
3. Pay an amount equivalent to regular Union dues and initiation fee to a non-
religious charity mutually agreed upon by the Union and the employee. This
provision shall only apply in cases where the employee is prohibited or
discouraged from becoming a Union member by bona fide personal religious
tenets, or by teachings of the religious body of which the employee is a member.
Proof of payment shall be furnished to the Union for all charity payments.
Section 2.6 Dues Deduction
The City agrees to deduct from the paycheck of each employee who has so authorized it,
the regular monthly dues uniformly required by the Union, or in lieu thereof a monthly
service charge as prescribed in Section 2.3. The amounts deducted shall be transmitted
monthly to the Union on behalf of the employee involved. Written authorization to deduct
dues or service charges shall be made by the employee on a form prescribed by the City
and Union. The Union agrees to indemnify and hold the City harmless against any and all
claims, suits, orders, or judgments brought or issued against the City as a result of any
action taken by the City under the provisions of this Article. The City will remain
responsible for its own errors in the administration of this Article.
Section 2.6 Non-Compliance
The Union agrees that the City shall not terminate any employee for non-compliance under
any provision of Article 2 until written notification is provided by the Union to the City that
an employee has failed to pay the required initiation fee, dues, service charge, charity
payment in lieu thereof, or provided proof of payment to such charity. Upon receiving
notice of failure to comply with the provisions of Article 2, the City and Union shall
immediately meet to review the case and decide on action to be taken to secure
compliance, or in the event of intentional non-compliance, determine the termination date
for the employee who willfully refused to comply.
Section 2.7 Notification
The City agrees to notify the Union of new hires, personnel status changes or termination
for employees covered by this agreement within a reasonable period of time.
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ARTICLE 3 - NON-DISCRIMINATION/AFFIRMATIVE ACTION
The City and the Union shall not discriminate against employees on the basis of
membership in the Union, race, religion, creed, color, national origin, sex, age, or the
presence of physical, mental or sensory disabilities, unless it interferes with a bona fide
occupational requirement or qualification.
ARTICLE 4 - SALARIES
Section 4.1 Wages
A. Effective January 1, 2000, the Assistant Chief rank will be paid at the rate of 148%
above first class Firefighter base pay.
B. Effective January 1, 2001, the Assistant Chief rank will be paid at the rate of
149%above first class Firefighter base pay.
C. Effective January 1, 2002, the Assistant Chief rank will be paid at the rate of
149%above first class Firefighter base pay. If for any reason the Firefighters
contract is not settled by January 1, 2002 for the year 2002, the COLA (cost of
living adjustment) for Assistant Chiefs will be adjusted when the Firefighter contract
is settled, retroactive to January 1, 2002.
Section 4.2 Longevity
Longevity pay shall be applied to the base salary rate, on a monthly basis, for employees
who have completed the following continuous service requirements:
Completion of 5 years.............................................................2%
Completion of 10 years...........................................................4%
Completion of 15 years...........................................................5%
Completion of 20 years...........................................................6%
Section 4.3 Deferred Compensation Match
A. The City will match an employee's contributions in the City's voluntary deferred
compensation program at a rate of two for one, up to a maximum City contribution
of two percent (2%) of the Assistant Fire Chiefs annual base pay.
B. The City's total annual maximum contribution will be calculated based on the pay
rate established as of January 1 of each year, and that amount will then be divided
and contributed over the twenty four (24) pay periods in the year. In order to be
eligible for this matching contribution, the employee's contribution must be at least
one-half of the City's per pay period contribution.
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For example:
If two percent (2%) of the Assistant Chiefs base pay equals $1,741.11/year, this is
divided into twenty-four (24) pay periods and the City's per pay period matching
amount would be $72,56. The employee's per pay period minimum contribution
would be $36.28.
1. If employee contributes $36.28/pay period, City will match $72.56/pay period.
2. If employee contributes $70.00/pay period, City will match $72,56/pay period.
3. If employee contributes $25.00/pay period, City will match $0/pay period.
In addition, the employee will make their participation choice within a two-week
annual enrollment period as designated by Employee Services. Changes to the
employee's portion of deferred compensation contributions may be made mid-year,
but the City's contribution will be set during the designated open enrollment period.
C. New hires will be eligible to commence participation in the matching deferred
compensation program based on their date of hire. If an employee is hired between
the 1st and 71h or the 16th and 22nd of the month, the employee will be eligible for the
full matching amount of that pay period if he or she meets the matchin�q criteria as
stated in B above. If an employee is hired between the 81h and the 15t or the 23`d
and the end of the month, the employee will not be eligible to participate in the
matching program until the following pay cycle.
The designated open enrollment period for a new hire for the initial employment
year shall be the employee's first two weeks of employment with the Kent Fire
Department.
Section 4.4 Health and Physical Fitness Funds
Each employee shall contribute, through payroll deduction, three dollars ($3.00) per
month to the Kent Fire Department Health and Physical Fitness Fund. The City shall
provide matching funds of six dollars ($6.00) per month per employee. The combined
funds will be used for the purchasing and maintenance of the fitness equipment and
materials to be placed in fire stations, as well as the education of the members. The
equipment purchased by such funds shall be the property of the City of Kent.
ARTICLE 5 - HOURS OF WORK
Employees covered by this agreement may work one of the following schedules: Ten (10)
hours per day, four (4) consecutive days per week, exclusive of lunch periods; five (5) day,
forty (40) hour week; or nine (9) hours per day for five (5) days, followed by two (2) days
off, then nine (9) hours per day for four (4) days, followed by three (3) days off. The
determination of which schedule an employee will work shall be made by the Fire Chief,
considering workloads, weather conditions, daylight hours, commuting, the needs of the
department, etc. The affected employee, and the Union shall be notified fourteen (14)
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calendar days in advance of such schedule changes.
ARTICLE 6 - COMMUNITY SERVICE DUTIES
It is important to the effective operation of the Kent Fire Department to have Assistant
Chiefs participate in community service activities and organizations. Such participation and
involvement in the community serves as an extension of the department's ability to
successfully deliver services to the community in relation to the Department Operating
Philosophy and guidelines. It also allows us to develop partnerships with the citizens to
create a safe community.
To this end, the parties agree to the following:
1. Employees of the bargaining unit are strongly encouraged to participate in a
community service organization, program or other activity which serves the
citizens of Kent, as approved by the Chief.
2. For those employees agreeing to participate in community service
organizations, programs or activities, the City agrees to pay annual
membership fees and weekly meal cost (for lunch/dinner) associated with
these organizations, programs or activities. These expenses are reimbursed
by receipt and reimbursement.
ARTICLE 7 - EXECUTIVE LEAVE
It is recognized that employees will be required to spend additional time over and above
their regular workweek engaged in activities for the City. Since the employees do not
receive FLSA overtime, the parties agree that each member of the bargaining unit shall
receive executive leave time each year in lieu of overtime/standby pay. Employees shall
receive 72 hours in 2000, 80 hours in 2001 and 100 hours in 2002.
Employees shall have the option of cashing out unused executive leave twice a year. The
first half ('/2) of the unused executive leave would be cashed out on the 1st pay period in
July (July 20th paycheck). Employees who wish to have their leave cashed out on July 20th
must provide written notification of such to Fire Administration by July 5tn
The second half('h) of the unused executive leave would be cashed out on the December
5th paycheck. Notification for cash out on December 5th would be due to Fire
Administration by November 15tn
Unused executive leave may also be carried over from year to year. The maximum carry
over limit is 160 hours. It is understood that this agreement shall be interpreted and
applied in a manner, which will ensure, to the fullest extent possible, the continued exempt
status of the Assistant Chiefs.
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ARTICLE 8 - TEMPORARY DETAIL TO HIGHER POSITIONS
An employee covered under this agreement, who is detailed by the Fire Chief or designee,
or the City, to temporarily fill the position of Fire Chief for a period of ten (10) consecutive
working days or more, shall be paid at the rate for that position. Pay shall commence from
time of detail to higher position.
ARTICLE 9 - HOLIDAYS
Section 9.1 Holidays Observed
Employees of this bargaining unit shall observe holidays in accordance with City Policy.
Section 9.2 Duty Chief Duty on Holidays
In the event an employee covered under this agreement is assigned the role of "Duty
Chief' during an 'observed City holiday," that employee shall be granted four (4) hours of
additional annual leave.
ARTICLE 10 -VACATION
Section 10.1 Vacation Accrual Rate
Vacation accrual rates for Assistant Chiefs shall be as follows:
Employee Earns Employee Earns
Year of Service Per Month Per Year
1st - 4th 8 hours 12 days
5th - 9th 10 hours 15 days
10th - 12th 12 hours 18 days
13th - 16th 12.67 hours 19 days
17th - 19th 14 hours 21 days
20th - thereafter 14.67 hours 22 days
Section 10.2 Vacation/Seniority
Employees shall work together and with the Chief to coordinate their vacation choices so
as to minimize the impact on the City and other members of the bargaining unit. Vacation
requests must be approved by the Fire Chief.
Section 10.3 Requests and Priority for Vacation
Subsection 10.3.1 Requests
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All requests for vacation will be made at least eight (8) hours prior to the beginning of the
time for which leave is requested. Exceptions may be granted where necessary.
Subsection 10.3.2 Minimum Hours
Due to the exempt status of the Assistant Chiefs under FLSA, the minimum number of
hours allowed to be taken on vacation or executive leave shall be eight (8). Time off in
increments of less than eight (8) hours must be approved by the Fire Chief, but will not be
deducted from employees' timesheets.
Section 10.4 Maximum Accruals
Maximum accruals for vacation leave (a.k.a. annual leave) shall be 240 hours.
Accrued annual leave may be converted to cash at termination if the employee has been
employed for at least six (6) consecutive months.
Section 10.5 Vacation Accrual Carryover
It shall be the employee's responsibility to insure that accrued vacation hours stay below
the maximum accruals set forth in Section 9.4; provided, employees may exceed maximum
accruals during a calendar year, but shall be at or below the maximum accruals as of
January 1 of the following year.
To this end, the City shall schedule vacation leave so that it results in the maximum
opportunity for the employee to utilize vacation time off with pay in order that the employee
may stay below the maximum. Accruals will be reviewed on December 31 of each year.
This shall not prohibit the carryover of vacation leave beyond the maximum on an
exceptional basis for the purposes of extended travel or extenuating circumstances at the
request of the employee and written authorization of Fire Administration. Each request
shall be reviewed on a case-by-case basis and shall not serve as a precedent for
subsequent requests.
ARTICLE 11 - SENIORITY
Section 11.1 Seniority Defined
Seniority shall be the length of continuous service as a full-time employee in the Kent Fire
Department. Length of continuous service shall not be reduced by time loss due to sick
or injury leave. Authorized leaves of absence shall not be considered a break in
continuous service.
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Section 11.2 Seniority Lists
Seniority lists shall be kept current and shall be available in the work areas of those
employees covered by this agreement. Employees having the same length of continuous
service will be placed on the seniority lists in the order that their names appeared on the
Civil Service eligibility lists.
Section 11.3 Lay-Offs
It is the inherent right of the City to determine if and when it is in the best interest of the
City to lay-off or reduce in force.
The order of layoff shall be determined by job classification or rank. The Chief shall
determine the classification/rank in which layoffs shall occur.
If the affected employee held a position in the Kent Fire Department prior to their promotion
to the affected rank, then the employee shall bump down to the rank held immediately prior
to promotion.
A separate list of laid off personnel shall be kept in order of seniority for future hiring.
When authorization is given to fill a position, the personnel on the laid off list shall have
precedence over any applicable Civil Service Entry List. If a person is offered a position
in their former position class, but declines to accept it, that name will be removed from the
list. The layoff list will stay in effect until each individual has been offered an opportunity
to be rehired in the former position class.
Similar lists shall remain in effect for demotions/employees bumped down in rank as a
result of layoffs. These lists shall be administered, (e.g. life of list, removal of names), the
same as the layoff list with the most senior to the promoted class being promoted first.
These lists shall take precedence over new Civil Service candidate promotional lists.
ARTICLE 12 - INSURANCE BENEFITS
Section 12.1 Legal Requirements
The City shall provide medical coverage of LEOFF I employees as required by law.
Section 12.2 Employee Coverage
Subsection 12.2.1 LEOFF I Employees
Eligible employees shall receive a fully paid health and accident and medical plan
underwritten by a health care insurance provider who is a recognized carrier or comparable
underwriter. The premium for the employee shall be paid in full by the City.
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Subsection 12.2.2 LEOFF II Employees
Eligible employees shall have the option of selecting between health care plans offered by
the City and shall be governed by the provisions of City policy with respect to plan
operation. The premium for the employee shall be paid in full by the City.
Section 12.3 Plans Offered
The following health care plans will be offered to eligible employees:
1. Premera Blue Cross, Enhanced Prudent Buyer Plan; and
2. Group Health Cooperative (HMO), with $5.00 co-pay for office visits and
prescriptions; and VSP Vision Plan.
The City reserves the right to change carriers based upon comparable benefits and cost-
effectiveness of such a change.
Section 12.4 Dependent Coverage
Eligible employees shall have dependent coverage available. Employees shall have the
option to insure dependents under alternative plans offered, subject to the terms and
conditions imposed by the carrier. Employees shall pay the following amounts towards
dependent coverage:
Blue Cross Enhanced Prudent Buyer (PPO) Plan:
Employee Only .00/mo.
Employee/Spouse 15.00/mo
Employee/Child(ren) 10.00/mo.
Employee Family 25.00/mo.
Group Health/Blue Cross Dental/VSP Vision Plan:
Employee Only .00/mo.
Employee/Spouse 25.00/mo.
Employee/Child(ren) 15.00/mo.
Employee Family 65.00/mo.
Dependent premiums for future years shall be negotiated at the Health Care Task Force.
If no such agreement is reached, either party may, within thirty (30) days, reopen this
agreement for the sole purpose of negotiating dependent care premiums.
Both parties agree to reopen this section of the contract to negotiate health care premiums
and/or cost containment features for 2001.
Section 12.5 Continuation of Dependent Medical
In the event the collective bargaining agreement expires and no other agreement has been
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reached, the City agrees to maintain dependent coverage, as specified in this agreement,
in force until a new bargaining agreement is in effect.
Section 12.6 Life Insurance
The City shall pay the entire premium of double indemnity group life coverage for each
eligible member of the bargaining unit. The amount of coverage will be equal to the
employee's annual base salary, up to a maximum of$50,000 per employee.
Section 12.7 New Long Term Disability Insurance
Effective the first of the month following the signing of this agreement, the I.A.F.F. Local
1747, will administer its own Long-Term Disability Insurance program.
Section 12.8 Health Care Committee
The Union will designate two representatives to participate in the Health Care Committee.
The parties agree that the Union's participation on the City's Health Care Committee has
been mutually beneficial. The parties agree to meet and develop a letter of understanding
that describes the purpose of the Committee and the parameters under which the
Committee operates. Furthermore, the parties recognize that there must be representation
and participation by all Unions on the Committee.
Section 12.9 Medical Examinations
The Department's adopted health maintenance program or a modification thereof includes
a physical fitness program as well as a program of regularly scheduled medical evaluations
based on the risk level of employees. The program shall allow members of the bargaining
unit to request a medical evaluation by the Department physician if in their opinion the
need arises. Upon request, the Department physician shall perform an examination
reasonable and appropriate for the condition causing the request.
Subject to Federal and State laws, the results of this examination shall be kept confidential
by the physician, the Fire Chief or designee, and the Human Resources Director or Human
Resources staff. Prior to notifying the Fire Department of the results of the examination
and any tests conducted, the employee shall be notified of the same in a timely manner,
unless in the physician's opinion, immediate notification of the Department is necessary.
Subject to federal and state laws, no information shall be released to any other party
without prior written permission by the employee, for each requested release of
information. The Department shall also be bound by these privacy provisions. The
physician shall only be allowed to provide to the Department information that relates to the
employee's medical fitness for duty according to the adopted medical standards of the
Department.
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Section 12.10 New Retiree Medical Savings Plan
The Union shall have the option to reduce the base salaries for all classifications covered
by the collective bargaining agreement by an amount to be specified by the Union. At
which time, the City of Kent shall commence making semi-monthly deductions from
specified employees' payroll and send the aggregate amount of the reduction/deduction
to a trust fund established by the Union to pay health insurance premiums for eligible future
retirees and their dependents.
The Union shall designate the form of any such reduction and the manner in which it will
be accomplished.
Upon the exercise of this option, the Union agrees to indemnify, defend, and hold the City
of Kent harmless from any and all liability, claims, demands, suits or any other loss,
damage, or injury to persons or property arising from or related to the provisions of this
section.
ARTICLE 13 - BEREAVEMENT LEAVE
Bereavement leave shall be granted in accordance with City policy. Employees notified
of death while on duty shall be immediately excused from work for the balance of the day.
ARTICLE 14 - REIMBURSEMENT OF EXPENSES
Employees shall be reimbursed in accordance with City Policy as now or hereafter
amended by the City. The City shall reimburse employees for all previously approved
expenses incurred for department-related business.
ARTICLE 15 - MANAGEMENT RIGHTS
Any and all rights concerned with the management and operation of the Fire Department
are exclusively that of the City unless otherwise provided by the terms of this agreement.
The City retains the authority to adopt rules for the operation of the Department and
conduct of its employees while on duty, provided such rules are not in conflict with the
provisions of this agreement or with applicable laws. The City retains the right, among
other actions, to discipline, suspend, or discharge employees for just cause, to schedule
hours of work, to determine the number of personnel to be assigned duty at any time, and
to perform all other actions and functions not otherwise specifically and expressly limited
by this agreement.
It is further recognized that the City's fire command group works together closely, and that
this results in the frequent exchange and sharing of tasks between the Assistant Chiefs
and others in the Fire Department management group. The Fire Department management
PALaborIUNION\FIREASST\2000 Neg\Contract\FAOOContract.docPage 11 of 28
group shall consist of the Fire Chief, Assistant Chiefs and Battalion Chiefs. The parties
agree that this sharing of tasks and responsibilities is beneficial, and that the City fire
command group may continue to operate in this fashion.
ARTICLE 16 - DISCIPLINE
Section 16.1 Department Rules
The City retains the right to adopt rules for the operation of the Kent Fire Department and
the conduct of its employees, while on duty.
Section 16.2 Disciplinary Measures
The parties agree that discipline is a function vested with the Chief of the Fire Department.
Employees may be disciplined or discharged for just cause. In the event there is just
cause to take disciplinary action against any employee, the charges in writing shall be sent
to the employee involved.
The employee shall be entitled to have a union representative present during meetings with
the employer where the employee believes that he/she may be subject to disciplinary
action.
Employees who believe that they have been disciplined in violation of the terms of the
collective bargaining agreement shall have the right to grieve in accordance with the
Grievance Article contained herein.
Section 16.3 Right of Privacy
Subject to federal and state law, no information regarding any disciplinary action shall be
released to anyone except the City, or the Union Executive Board, unless mutually agreed
upon in writing by the employee and the Fire Chief. The employee shall have the right and
responsibility to advise the Union when the employee has been subject to disciplinary
action.
ARTICLE 17 - GRIEVANCE PROCEDURES
Grievance is hereby defined as the question or challenge raised by an employee or the
Union as to the correct interpretation or application of this agreement by the City. No
action by the City shall be considered cause for grievance unless it is specifically alleged
that such action represents an incorrect application of the terms of this agreement or rights
allowed by law. For purposes of this Article, working days shall be defined as Monday
through Friday, exclusive of holidays. Grievance shall be resolved in the following manner.
Step 1 All grievances shall be reduced to writing and submitted to the Fire Chief by the
PALabor UNION\FIREASS7\2000 Neg\Contract\FA00Contract.docPage 12 of 28
appropriate union representative within fifteen (15) working days of the
occurrence giving rise to such grievance. The date of the occurrence giving rise
to such grievance shall be included within the fifteen (15) day period.
The written grievance shall include a statement as to the Article(s), Section(s),
of the agreement allegedly violated, facts giving rise to the grievance and
remedy sought. In the event Article 25 (Retention of Benefits) is cited in the
written grievance, then the written grievance (to the extent possible) shall include
further information as to the timetable and circumstance(s) under which such
benefit(s) became of generally prevailing nature for all employees of the
bargaining unit. The parties agree that every effort shall be made to resolve all
grievances at this level.
Step 2 Grievances not settled within ten (10) working days shall be submitted to the
Mayor or his designee, or at the Mayor's discretion to the City Council, for
review. The date that the grievance is received by the Fire Chief shall be
included in the ten (10) day period. A written decision shall be rendered within
fifteen (15) working days from the date the grievance was first received by the
Mayor. Copies of the decision shall be furnished to the employee and his
representative.
Step 3 If no satisfactory decision has been reached in Step 2, this grievance may within
forty-five (45) calendar days be filed for submission to arbitration. The arbitrator
shall be a member of the American Arbitration Association, mutually selected.
The fees and expenses of the arbitrator shall be divided equally between the
City and the Union; provided, however, that each party shall be responsible for
compensating its own witnesses. The arbitrator's decision shall be based solely
upon his interpretation of the facts of the grievance presented. The award and/or
findings by the arbitrator shall be binding upon all parties concerned.
By mutual agreement the parties may elect to establish an arbitration board that shall
consist of a representative of the Union, a representative of the City and a member of the
American Arbitration Association, mutually selected by the Union and the City. The fees
and expenses of the arbitrator shall be equally divided between the City and the Union;
provided, however, that each party shall be responsible for compensating its own
witnesses. The Board's decision shall be based solely upon its interpretation of the
meaning or application of the express terms of this agreement to the facts of the grievance
presented. The award and/or finding by the Board shall be binding on all parties
concerned.
ARTICLE 18 - ELECTION OF REMEDIES
The election of remedies provision is intended solely for the purpose of providing the
parties a procedure for addressing disciplinary action (Article 15) or grievances (Article 16).
PALabor\UNION\FIREASST\2000 Neg\Contract\FAOOContract.docPage 13 of 28
It is specifically and expressly understood and agreed that taking a grievance appeal to
arbitration constitutes an election of remedies and a waiver of any and all rights by the
appealing employee, the Union, and all persons it represents to litigate or otherwise
contest the appealed subject matter in any other forum. Likewise, litigation or other contest
of the subject matter in any other available forum shall constitute an election of remedies
and a waiver of the right to arbitrate the matter.
It is further understood, however, that an individual incident may give rise to alleged
violations of contract or rights allowed by law that are separate points of violation. Nothing
herein shall limit the right of the employee and/or Union from pursuing the violations in the
forum deemed appropriate for each violation.
ARTICLE 19 - CONTRACT MODIFICATION
Either the Union representatives or the City representatives may initiate discussion of any
subject of a general nature affecting the operation of the Department or its employees.
However, at any session which involves the interpretation or application of the terms of this
agreement, or any contemplated modifications thereof, no such terms or changes shall be
made without the review and written approval of the Human Resources Director nor shall
such terms or changes be made without review and written approval of the Union. Nothing
in the section shall be construed to limit, restrict, or reduce the management prerogatives
outlined in this agreement. The provisions of this section may only be used by mutual
agreement of the City and the Union.
ARTICLE 20 - SICK LEAVE
Section 20.1 Sick Leave Accrual
Subsection 20.1.1 All Employees
Those employees covered by this agreement shall accrue eight (8) hours of sick leave per
month.
Subsection 20.1.2 New Hire Employees
Newly hired Assistant Chiefs that are hired from outside of the City of Kent will be given 96
hours of sick leave upon their date of hire. They shall accrue eight (8) hours per month in
addition to the initial 96 hours during the first twelve (12) months of employment with the
City.
During the thirteenth (13th) to twenty-fourth (24th) months, the employees shall accrue
sixteen (16) hours per month.
On the twenty-fifth (25th) month and thereafter, the employees shall accrue eight (8) hours
per month.
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Subsection 20.1.3 Maximum Accumulation of Sick Leave
The maximum accumulation of sick leave for any LEOFF I employee shall be 480 hours.
The maximum accumulation of sick leave for any LEOFF II employee shall be 1,040 hours.
Section 20.2 Approved Use of Sick Leave
Sick leave accruals may be used for personal illness/injury or to care for family members
in accordance with the City's Sick Leave and FMLA policies.
Whenever a LEOFF I employee takes three (3) consecutive days off, a doctor's
authorization and application for LEOFF disability will be made.
Whenever a LEOFF II employee takes three (3) consecutive days off, a doctor's
authorization may be required. However, the LEOFF I exclusions shall not apply to LEOFF
II members.
Section 20.3 Requests for Doctor's Authorization
Nothing herein will undermine the City's right to request a doctor's authorization for leave
of less than three (3) consecutive days, when a pattern of sick leave usage adverse to the
interest of the City develops.
Section 20.4 Light Duty Assignment
LEOFF II employees who are disabled may be assigned to limited duty by the City when
it is determined that an employee can perform productive work for the City.
Section 20.5 Notice to Department
Whenever an employee takes sick leave, the employee will give the Fire Department at
least one (1) hour notice prior to the start of their scheduled work period, and in
accordance with the Fire Department policy.
Section 20.6 Sick Leave LEOFF II Employees on Duty Injury Leave Provision
Employees injured on duty and qualified for workers' compensation shall have their base
salary maintained for a period not to exceed six months. This shall be accomplished
through a combination of workers' compensation time loss payment and the balance
supplemented by the City. Such supplement shall not be charged against the employee's
sick leave accrual. During the qualified disability, employees shall continue to accrue
regular sick leave and annual leave credits. Further, during such disability the City shall
continue to contribute at its pre-disability level toward the employee's and dependents'
medical/life insurance program.
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Section 20.7 Sick Leave Incentive Program
In order to provide an incentive for using sick leave only as necessary, effective
January 1, 2001, LEOFF II employees shall be entitled to incentive pay for maintaining
their sick leave balance at the following levels:
Sick Leave Hours Amount of Cash Incentive
0 — 239 No Incentive
240 —479 8 hours of base pay
480 — 719 16 hours of base pay
720 — 959 24 hours of base pay
960 — 1,040 32 hours of base pay
Incentive pay would be granted in January of the following year. For the purposes of
determining eligibility to receive incentive pay, an employee must have maintained the
240+, 480+, 720+ or 960+ accrual for the entire preceding calendar year. If an
employee falls below one of the designated accrual levels, they will not be eligible for
the corresponding incentive pay. However, they may be eligible for the lower level
incentive pay if the lower level accrual was maintained for the entire calendar year.
ARTICLE 21 - MILITARY LEAVE
The City policy on military leave of absence, dated February 1, 1991, shall prevail on
members of the bargaining unit for the duration of this agreement, with the following point
of clarification.
The City and the Union agree that any employee of the bargaining unit who is a member
of the Washington National Guard or any federal military reserve unit shall be granted
military leave of absence from their duties with the City to perform any and all officially
ordered military duties, for a combined period of time in any calendar year not to exceed
fifteen (15) work periods (15 work days). Also, by this agreement, no additional "contract'
between the City and the employee shall be required as outlined in paragraph No. 2 of the
policy, and the provisions of this paragraph shall apply to all bargaining unit members.
ARTICLE 22 - LOCAL UNION BUSINESS
Employees who are Union officials or designated representatives shall be granted time off
without suffering loss of pay for processing grievances through the third step of the
grievance process as outlined in Article 16. In addition, time off for attending negotiation
sessions with the City will be allowed.
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ARTICLE 23 - UNIFORMS
Section 23.1 Uniforms Issued
The City shall require, furnish, and provide other-than-normal maintenance of the clothing
and equipment shown in Appendix A for each employee covered by this agreement. The
employee shall provide for all normal maintenance and cleaning in accordance with
manufacturer's directions.
Section 23.2 Damaged Uniforms/Work Clothes Reimbursement
Employees shall receive in addition to their standard uniform issue, an annual
reimbursement of up to $300 for expenses incurred to repair or replace damaged work
clothing.
ARTICLE 24 - PERSONNEL FILES
Personnel files maintained by the Fire Department and the City are the property of the City.
Subject to federal and state law, the City agrees that the contents of the personnel files
shall be kept confidential and shall restrict the use of any information in the files to the
internal use of the Fire Department and the City, for the management of the Department
and its employees. The Mayor and the City Director of Operations shall have the right to
review all personnel files of the members of the bargaining unit, and in such cases written
notification shall be given to the affected employee. The personnel records held by the
Civil Service Commission will not be subject to this proviso. Subject to federal and state
law, it is further agreed that information obtained from personnel files shall be kept
confidential, and the employee shall be advised of any other release of information
contained in these files as a result of any due process or legal proceedings. Nothing in this
section shall prevent an employee from viewing any of their personnel or medical files in
their entirety. Such review shall be conducted in the presence of the Chief or his designee,
or the Human Resources Director or staff, if such review is of human resource files.
Materials, documents, or records will not be removed from an employee's files by the
employee. Duplication of materials in the folder shall be done only by the Fire Chief,
Human Resources Director, or their staff designees.
ARTICLE 25 - PERFORMANCE OF DUTY
Nothing in this agreement shall be construed to give an employee the right to strike and
no employee shall strike or refuse their assigned duties to the best of their ability during the
term of this agreement. The Union agrees that it will not condone or cause any strike,
slowdown, mass sick call, or any other form of work stoppage or interference to normal
operation of the Kent Fire Department during the term of this agreement.
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ARTICLE 26 -TAKE HOME VEHICLES
Take home vehicles shall be assigned by the Fire Chief based on operational needs of the
Fire Department.
ARTICLE 27 - SMOKE FREE WORK PLACE
In the event a smoke free policy is adopted by the City during the term of this agreement,
the City is willing to offer the members in the bargaining unit an opportunity to take
advantage of smoking cessation classes, at the City's expense, before implementation of
a smoke free work place policy. Such classes will be scheduled in such a manner as to
allow employees to attend the full class schedule on their personal time.
ARTICLE 28 - SUBSTANCE ABUSE POLICY
This Article establishes the procedure for drug and alcohol testing and shall apply to all
employees covered by this bargaining agreement.
Section 28.1 Policy
The City and the Union recognize that drug use by employees would be a threat to the
public welfare and the safety of department personnel. It is the goal of this policy to
eliminate or absolve illegal drug usage through education and rehabilitation of the affected
personnel. The use of alcoholic beverages or unauthorized drugs shall not be permitted
at the City's work sites and/or while an employee is on duty nor shall an employee report
for duty under the influence of alcohol or unauthorized drug.
While the City wishes to assist employees with alcohol or chemical dependency problems,
safety is the City's first priority. Therefore, employees must not report for work or continue
working if they are under the influence of, or impaired by, the prohibited substances listed
in Sections 27.5 and 27.6 of this article. Employees participating in treatment programs
are expected to observe all job performance standards and work rules.
Section 28.2 Informing Employees About Drug and Alcohol Testing
All employees shall be fully informed of this drug and alcohol testing policy. Employees
will be provided with information concerning the impact of the use of alcohol and drugs on
job performance. In addition, the City shall inform the employees on how the tests are
conducted, what the tests can determine, and the consequence of testing positive for drug
use. No employee shall be tested before this information is provided to him/her.
Employees who voluntarily come forward and ask for assistance to deal with a drug or
alcohol problem shall not be disciplined by the City.
The City encourages employees to seek treatment for drug and alcohol abuse voluntarily.
PALabor\UNION\FIREASST\2000 Neg\Contract\FAOOContract.docPage 18 of 28
To encourage employees to do so, the City makes available the Employee Assistance
Program (E.A.P.). Any employee who notifies the City of alcohol or chemical abuse
problems will be given the assistance offered to employees with any other illness. As with
other illnesses, the City may grant sick leave, vacation leave or leaves of absence without
pay for treatment and rehabilitation of drug and alcohol abuse.
Any decision to voluntarily seek help through the Employee Assistance Program, or
privately, will not interfere with an employee's continued employment or eligibility for
promotional opportunities. Information regarding an employee's participation in the
Employee Assistance Program will be maintained in confidence.
Section 28.3 Employee Testing
Unless otherwise required by federal law, employees shall not be subject to random urine
testing or blood testing or other similar or related tests for the purpose of discovering
possible drug or alcohol abuse. If the City has reasonable suspicion to believe an
employee's work performance is impaired due to drug or alcohol use, the City may require
the employee to undergo a drug and/or alcohol test consistent with the conditions set forth
in this Article.
Reasonable suspicion for the purposes of this Article is defined as follows: the City's
determination that reasonable suspicion exists shall be based on specific, articulated
observations concerning the appearance, behavior, speech or body odors of an employee
and shall include, at a minimum, a written report documenting objective, measurable
changes in an employee's work performance due to unauthorized drug or alcohol use by
two (2) observers who have had an adequate opportunity to observe these changes.
Section 28.4 Sample Collection
The collection and testing of samples shall be performed only by a laboratory and by a
physician or health care professional qualified and authorized to administer and determine
the meaning of any test results. The laboratory performing the test shall be one that is
certified by the National Institute of Drug Abuse (NIDA). The laboratory chosen must be
agreed to by the Union and the City. The results of employee tests shall be made available
to the Medical Review Physician.
Collection of blood or urine samples shall be conducted in a manner that provides for the
highest, reasonable degree of security for the sample and freedom from adulteration.
Blood or urine samples will be submitted as per NIDA standards including the recognized
chain of custody procedures. Employees have the right for Union and/or legal
representation to be present during the submission of the sample. Employees shall not
be witnessed while submitting a urine specimen. Prior to submitting to a urine or blood
sample, the employee will be required to sign the consent and release form incorporated
into Article 28.14 of this agreement.
A split sample shall be reserved in all cases for an independent analysis in the event of a
PALabor\UNION\FIREASSTWOO Neg\Contract\FAOOContract.docPage 19 of 28
positive test result. All samples must be stored in a scientifically acceptable preserved
manner as established by NIDA. All positive confirmed samples and related paperwork
must be retained by the laboratory for at least six (6) months or for the duration of any
grievance, disciplinary action, or legal proceedings, whichever is longer. At the conclusion
of this period, the laboratory's paperwork and specimen shall be destroyed. Tests shall be
conducted in a manner to ensure that an employee's legal drug use and diet does not
affect the test result.
Section 28.5 Drug Testing
The laboratory shall test for only the substances and within the limits as follows for the
initial and confirmatory test as provided within NIDA standards. The initial test shall use
an immunoassay test procedure that meets the requirements of the Food and Drug
Administration for commercial distribution. The following initial cutoff levels shall be used
when screening specimens to determine whether they are negative for these five drugs or
classes of drugs:
INITIAL TESTING
Marijuana metabolites.................................................. 100 ng/ml
Cocaine metabolites .................................................... 300 ng/ml
Opiate metabolites'...................................................... 300 ng/ml
Phencyclidine............................................................... 25 ng/ml
Amphetamines............................................................. 1000 ng/ml
(1) If immunoassay is specific for free morphine, the initial test level is 25 ng/ml.
If initial test results are negative, testing shall be discontinued, all samples destroyed and
records of the testing expunged from the employee's files. Only specimens identified as
positive on the initial test shall be confirmed using gas chromatography/mass spectrometry
(GC/MS) techniques at the following listed cutoff values.
CONFIRMATORY TESTING
Marijuana metabolites' ................................................ 15 ng/ml
Cocaine metabolites2................................................... 150 ng/ml
Opiate metabolites
Morphine ...............................................................300 ng/ml
Codeine ...............................................................300 ng/ml
Phencyclidine............................................................... 25 ng/ml
Amphetamines
Amphetamine .........................................................500 ng/ml
Methamphetamine..................................................500 ng/ml
(1) Delta-9-tetrahydrocannabinol-9-carboxylic acid
(2) Benzoylecgonine
PALabor\UNIOMFIREASST\2000 Neg\Contract\FAOOContract.docPage 20 of 28
If confirmatory testing results are negative, all samples shall be destroyed and records of
the testing expunged from the employee's files.
Drug test results gathered under this article will not be used in a criminal investigation or
prosecution.
Section 28.6 Alcohol Testing
A Breathalyzer or similar equipment shall be used to screen for alcohol use, and if positive,
shall be confirmed by a blood alcohol test performed by a qualified laboratory. This
screening test shall be performed by an individual properly qualified to perform the tests
utilizing appropriate equipment. An initial positive alcohol level shall be 0.04 grams per 210
L. of breath. If initial testing results are negative, testing shall be discontinued; all samples
destroyed and records of the testing expunged from the employee's files. Only specimens
identified as positive on the initial test shall be confirmed using a blood alcohol level.
Sample handling procedures, as detailed in Section 31.4, shall apply. A positive blood
alcohol level shall be 0.04 grams per 100 ml of blood. If confirmatory testing results are
negative, all samples shall be destroyed and records of the testing expunged from the
employee's files.
Section 28.7 Medical Review Physician
The Medical Review Physician shall be chosen and agreed upon between the Union and
the City and must be a licensed physician with a knowledge of substance abuse disorders.
The Medical Review Physician shall be familiar with the characteristics of tests (sensitivity,
specificity and predictive value), the laboratories conducting the tests and the medical
conditions and work exposures of the employees.
The role of the Medical Review Physician will be to review and interpret the positive test
results. He/she must examine alternative medical explanations for any positive test results.
This action shall include conducting a medical review with the affected employee, review
of the employee's medical history and review of any other relevant biomedical factors. The
Medical Review Physician must review all relevant medical records made available by the
tested employee when a confirmed positive test result could have resulted from legally
prescribed medication.
Section 28.8 Laboratory Results
The laboratory will advise only the employee and the Medical Review Physician of any
positive results. The results of any positive drug or alcohol test can only be released to the
City by the Medical Review Physician once he/she has finished review and analysis of the
laboratory's test. Unless otherwise required by law, the City will keep the results
confidential and shall not release them to the general public.
PALabor\UNIOMFlREASST12000 Neg\Contract1FA00Contract.docPage 21 of 28
Section 28.9 Testing Program Costs
The City shall pay for all costs involving drug and alcohol testing as well as the expenses
associated with the Medical Review Physician. The City shall also reimburse each
employee for his or her time and expenses including travel incurred involving the testing
procedure only.
Section 28.10 Rehabilitation Program
Any employee who tests positive for a substance listed in Sections 27.5 and 27.6 of this
article shall be medically evaluated, counseled and treated for rehabilitation as
recommended by the E.A.P. counselor. In the event the employee disagrees with the
treatment recommended by the E.A.P. counselor, the employee may choose to obtain a
second opinion from a qualified physician of his/her choice. Employees who complete a
rehabilitation program may be re-tested randomly for one (1) year following completion of
a rehabilitation program.
An employee may voluntarily enter rehabilitation without a requirement or prior testing.
Employees who enter the program on their own shall not be subject by the City to random
re-testing. Employees will be allowed to use their accrued and earned leave for the
necessary time off involved in the rehabilitation program.
If an employee tests positive during the one (1) year period following completion of
rehabilitation, the employee will be re-evaluated by an E.A.P. counselor to determine if the
employee requires additional counseling and/or treatment. The employee will be solely
responsible for any costs, not covered by medical benefits/insurance, which arise from this
additional counseling or treatment.
Section 28.11 Duty Assignment After Treatment
If the duty assignment for an employee is modified or changed as a result of a
rehabilitation program, then after an employee successfully completes his/her rehabilitation
program, the employee shall be returned to the regular duty assignment held prior to the
rehabilitation program. Once treatment and follow-up care is completed, and one (1) year
has passed with no further violations of this article, the employee's personnel and medical
files shall be purged of any reference to his/her drug problem or alcohol problem.
Section 28.12 Right of Appeal
The employee has the right to challenge the result of the drug or alcohol test and any
discipline imposed in the same manner that he/she may grieve any other City action.
Section 28.13 Union Held Harmless
This drug and alcohol-testing program was initiated at the request of the City. The City
assumes the sole responsibility for the administration of this Article and shall be solely
Rlabor\UNION\FIREASST\2000 Neg\Contract\FA00Contract.docPage 22 of 28
liable for any legal obligations and costs arising out of the provisions and/or application of
this collective bargaining agreement relating to drug and alcohol testing. The Union shall
be held harmless for the violation of any worker rights arising from the administration of the
drug and alcohol-testing program.
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Section 28.14 Consent for Sampling and Release of Information Form
CONSENT/RELEASE
Subject to my rights under Article 27 of the Collective Bargaining Agreement between
Local 1747 of the IAFF and the City of Kent, I consent to the collection of a urine/blood
sample by and its analysis by
for those drugs specified in the Collective
Bargaining Agreement.
The laboratory administering the tests will be allowed to release the results to the City of
Kent only after the laboratory's results have been reviewed and interpreted by the Medical
Review Officer. The information provided to the employer shall be only whether the tests
were confirmed positive or were negative. No other results of the test shall be provided to
the City without my written consent. The laboratory and the Medical Review Physician are
not authorized to release the results of this test to any other person without my written
consent.
I understand I have the right to my complete test results and that the laboratory will
preserve the sample for at least six (6) months. I have the right to have this sample split
and a portion tested at a second laboratory of my choice at my expense in the event the
test results are confirmed positive.
I understand that the City is requiring me to submit to this test as a condition of my
employment and that alteration of the sample or failure to reasonably cooperate with the
collection of a urine/blood sample will result in disciplinary action by the City.
I understand that a confirmed positive test may result in a requirement that I undergo
rehabilitation.
By signing this consent form, I am not waiving any of my rights under any federal, state or
local law, statute, constitution, ordinance, administrative rule or regulation or common law
provision. I understand that I have the right to challenge any confirmed positive test result
and any Employer action based thereon by filing a grievance under the Collective
Bargaining Agreement.
Date Employee Signature
Witness
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ARTICLE 29 -AVAILABILITY FOR DUTY CHIEF
All bargaining unit members must live within a thirty-five (35) minute radius of the Fire
Department boundaries (exclusive of peak commute time and middle of the night) in order
to be readily available for Duty Chief responsibilities. Exceptions will be made where the
Assistant Chief can establish, to the Chiefs satisfaction, an alternative manner of satisfying
his/her Duty Chief responsibilities.
ARTICLE 30 -WAIVER OF RIGHTS - NON-BARGAINING ITEMS
The parties acknowledge that each has had the unlimited right and opportunity to make
demands and proposals with respect to any matter deemed a proper subject for collective
bargaining. The results of the exercise of that right are set forth in this agreement.
Therefore, except as otherwise provided in this agreement, the City and the Union for the
duration of this agreement each voluntarily and unqualifiedly agrees to waive the right to
oblige the other party to bargain with respect to any subject or matter specifically referred
to or covered in this agreement.
ARTICLE 31 - SAVINGS CLAUSE
The Union agrees that the City retains the right to reopen the agreement during the term
of the agreement in the event of amendment to the Fair Labor Standards Act, or
implementation of, or amendment to, the United States Department of Labor regulations.
It is understood that the reopening of the contract pertains only to amendments
implemented by law or regulations. It is understood that this agreement shall be
interpreted and applied in a manner that will ensure, to the fullest extent possible, the
continued exempt status of the Assistant Chiefs.
If any Article of this agreement, or any addendum hereto, should be held invalid by
operation of law or by tribunal of competent jurisdiction, or if compliance with or
enforcement of any Article should be restrained by such tribunal of competent jurisdiction,
the remainder of this agreement and addendum shall not be affected thereby, and the
parties shall enter into immediate collective bargaining negotiations unless it is mutually
agreed to wait until the next regular negotiations session for the purpose of arriving at a
mutually satisfying replacement of such Article.
ARTICLE 32 - ENTIRE AGREEMENT
The agreement expressed herein in writing, constitutes the entire agreement between the
parties, and no oral statement shall add to or supersede any of its provisions.
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ARTICLE 33 -_MERGER. CONSOLIDATION AND CONTRACTS FOR SERVICES
The parties recognize in the case of any merger, consolidation or contracting for Fire
Protection, Prevention and Emergency Services by the City with any other
governmental agency, either party shall have the right to reopen this agreement for
negotiation of any and all articles affected by the merger, consolidation, or contract for
Fire Protection, Prevention and Emergency Services.
PALaboAUNIONT IREASST42000 Neg\ContractTA00Contract.docPage 26 of 28
ARTICLE 34 - DURATION OF AGREEMENT
This agreement shall be in full force and in effect from January 1, 2000 and shall continue
through December 31, 2002.
Signed this day of 2000.
CITY OF KENT KENT ASSISTANT FIRE CHIEFS
LOCAL 1747, I.A.F.F.
BY ��?1l' BY ��K;o
ta, Mayor r" '�!Y/ Gr ar ey, Pre �nt
C� i
BY ue BY PL79=
Sue Viseth, Employee Services Director Mike Moore, Secretary
Approved as Negotiated: Approved as Negotiated:
Anh Hoang, Lab r Relations Manager Steve Hami on, Negotiator
Approved as to form:
Robe ubovich, City Attorney
ATTEST
- Zu_�
Brenda Jacober, CVAlerk
PALabor\UNION\FIREASST12000 Neg\Contract\FAOOContract.docPage 27 Of 28
APPENDIX "A"
The City shall be required to furnish the following clothing and equipment for each
employee covered under this contract:
Work Uniforms
Shirts 5
Pants 5
Socks 6 pairs
Shoes 1 pair
Belt 1
Jacket 1
Nameplate (Plastic) 2
Sweater 1
Dress Uniforms
Shirts 2
Pants 2
Blouse 1
Hat 1
Belt 1
Shoes 1 pair
Tie 1
Nameplate (Metal) 1
Protective Equipment
Bunker Pants 2
Bunker Coat 2
Boots 1 pair
Helmet 1
Helmet Light 1
SCBA Mask 1
Gloves 2 pairs
Flashlight 1
Knife 1
Suspenders 1 pair
Nomex Hood 2
Carrying Bag 1
Protective Equipment
Wildland Gear
Coat 1
Pants 1
Helmet 1
Protective Goggles 1
Gloves 1 pair
Carrying Bag, Small 1
PALabor\UNIOMFlREASST\2000 Neg\ContractTA00Contract.docl
Miscellaneous Equipment
Badges--Breast 2
Badges--Cap 1
Collar Insignia 2 sets
T-shirts, dark blue 2
Sweat shirt, dark blue 1
Sweat pants, dark blue 1 pair
Athletic Shorts, light gray 1 pair
In addition, at the employee's request, the City shall provide, on a biennial basis or less
often as needed, prescription eyeglass lenses for use in personal SCBA masks issued to
him/her. These lenses are to be provided in addition to any vision benefits available
through medical benefits.
When additional or replacement uniforms or protective equipment are required by the
Department of Labor and Industries (M), the City will furnish such clothing and/or
equipment.
PALaboAUNION\FIREASST2000 NeglContract\FA00Contract.dogi