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HomeMy WebLinkAboutHR1997-0118 - Original - Kent Firefighters Local 1747, IAFF - 1997-1999 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 , 1997 through December 31 , 1999 (p:lunionlfireasst1fa97con.wpd 1/9/97) TABLE OF CONTENTS 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE 3 - NON-DISCRIMINATION/AFFIRMATIVE ACTION . . . . . . . . . . . . . . . . . 3 ARTICLE 4 - SALARIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Section4.1 Wages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Section 4.2 Longevity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Section 4.3 Deferred Compensation Match . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE 5 - HOURS OF WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Section 5.1 Day Shift Scheduling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE 6 - EXECUTIVE LEAVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE 7 - TEMPORARY DETAIL TO HIGHER POSITIONS . . . . . . . . . . . . . . . . . . 5 ARTICLE 8 - HOLIDAYS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Section 8.1 Duty Chief Duty on Holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE 9 - VACATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Section 9.1 Vacation Accrual Rate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Section 9.2 Vacation/Seniority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Section 9.3 Requests and Priority for Vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Subsection 9.3.1 Requests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Subsection 9.3.2 Minimum Hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Section 9.4 Maximum Accruals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Section 9.5 Vacation Accrual Carryover . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 (p:lunionAreasst1fa97con.wpd 1/9/97) i ARTICLE 10 - SENIORITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Section 10.1 Seniority Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Section 10.2 Seniority Lists . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Section10.3 Lay-Offs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 ARTICLE 11 INSURANCE BENEFITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Section 11.1 Legal Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Section 11.2 Employee Coverage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Subsection 11.2.1 LEOFF I Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Subsection 11.2.2 LEOFF II Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Section 11.3 Plans Offered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Section 11.4 Dependent Coverage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Section 11.5 Continuation of Dependent Medical . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Section 11.6 Life Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Section 11.7 Health Care Task Force . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Section 11.8 Medical Examinations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE 12 - BEREAVEMENT LEAVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE 13 - REIMBURSEMENT OF EXPENSES . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE 14 - MANAGEMENT RIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE 15 - DISCIPLINE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Section 15.1 Department Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Section 15.2 Disciplinary Measures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Section 15.3 Right of Privacy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 ARTICLE 16 - GRIEVANCE PROCEDURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 ARTICLE 17 - ELECTION OF REMEDIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 ARTICLE 18 - CONTRACT MODIFICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 ARTICLE 19 - SICK LEAVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Section 19.1 Sick Leave Accrual . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Subsection 19.1.1 All Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Subsection 19.1.2 New Hire Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Section 19.2 Sick Leave Usage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Section 19.3 Approved Use of Sick Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Section 19.4 Light Duty Assignment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Section 19.5 Notice to Department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Section 19.6 Sick Leave LEOFF II Employees on Duty Injury Leave Provision . . . . 14 (p:lunion\fireasst\fa97con.wpd 1/9/97) ii ARTICLE 20 - MILITARY LEAVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 ARTICLE 21 - LOCAL UNION BUSINESS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Section 21.1 Time Off . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 ARTICLE 22 - UNIFORMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Section 22.1 Uniforms Issued . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Section 22.2 Damaged Uniforms/Work Clothes Reimbursement . . . . . . . . . . . . . . . 15 ARTICLE 23 - PERSONNEL FILES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 ARTICLE 24 - PERFORMANCE OF DUTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 ARTICLE 25 - TAKE HOME VEHICLES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 ARTICLE 26 - SMOKE FREE WORK PLACE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 ARTICLE 27 - SUBSTANCE ABUSE POLICY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Section 27.1 Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Section 27.2 Informing Employees About Drug and Alcohol Testing . . . . . . . . . . . . 17 Section 27.3 Employee Testing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Section 27.4 Sample Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Section 27.5 Drug Testing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Section 27.6 Alcohol Testing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Section 27.7 Medical Review Physician . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Section 27.8 Laboratory Results . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Section 27.9 Testing Program Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Section 27.10 Rehabilitation Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Section 27.11 Duty Assignment After Treatment . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Section 27.12 Right of Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Section 27.13 Union Held Harmless . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Section 27.14 Consent for Sampling and Release of Information Form . . . . . . . . . . 22 ARTICLE 28 - AVAILABILITY FOR DUTY CHIEF . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 ARTICLE 29 - WAIVER OF RIGHTS - NON-BARGAINING ITEMS . . . . . . . . . . . . . . 23 ARTICLE 30 - SAVINGS CLAUSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 ARTICLE 31 - ENTIRE AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 ARTICLE 32 - DURATION OF AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 AppendixA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 (pAunion\fireasst\fa97con.wpd 1/9/97) III 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 voluntarily 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 (pAunionVireasst\fa97con.wpd 1/9/97) 1 of 25 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 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 nonreligious 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 2.5 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. No funds collected by the Union under this provision shall be used for the support of political activities in the City of Kent. 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. (p:lunionlfireasst1fa97con.wpd 1/9/97) 2 of 25 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. 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 is a bona fide occupational requirement or qualification. ARTICLE 4 - SALARIES Section 4.1 Wages A. Effective January 1, 1997, a percentage differential between the Assistant Chief and Firefighters will be established. The Assistant Chief rank will be paid at the rate of 146% above first class Firefighter base pay. B. Effective January 1, 1998, the Assistant Chief rank will be paid at the rate of 147% above first class Firefighter base pay. C. Effective January 1, 1999, the Assistant Chief rank will be paid at the rate of 148% above first class Firefighter base pay. 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 ° Completion of 10 years . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4% Completion of 15 years . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.5% Completion of 20 years . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.0% Section 4.3 Deferred Compensation Match Effective January 1, 1997, 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. (p:\union\fireasst\fa97con.wpd 1/9197) 3 of 25 Effective January 1, 1999, the City will provide the same maximum deferred compensation matching percentage contribution that is provided to the firefighters, based upon the Assistant Chiefs base pay, at the rate of two for one. 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. In addition, the employee will make their participation choice within a two week annual enrollment period as designated by Human Resources. 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. For example: If two percent (2%) of the Assistant Chiefs base pay equals $1,543.44/year, this is divided into twenty four (24) pay periods and the City's per pay period matching amount would be $64.31. The employee's per pay period minimum contribution would be $32.16. A. If employee contributes $32.16/pay period, City will match $64.31/pay period. B. If employee contributes $70.00/pay period, City will match $64.31/pay period. C. If employee contributes $25.00/pay period, City will match $0/pay period. ARTICLE 5 - HOURS OF WORK Section 5.1 Day Shift Scheduling 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) calendar days in advance of such schedule changes. ARTICLE 6 - EXECUTIVE LEAVE It is recognized that employees will be required to spend additional time over and above (pAunionlfireasst1fa97con.wpd 119/97) 4 of 25 their regular work week 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 40 hours in 1997, 48 hours in 1998 and 56 hours in 1999. Employees shall have the option of cashing out unused executive leave at the end of each year by submitting a request to payroll detailing the number of hours to be cashed out. This request must be received by payroll no later than November 15th each year. 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. ARTICLE 7 - 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 8 - HOLIDAYS Section 8.1 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 9 -VACATION Section 9.1 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 (p:lunionlfireasst1fa97con.wpd 1/9/97) 5 of 25 Employee Earns Ernpbyee Earns Year of Service Per Month Per Year 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 9.2 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 9.3 Requests and Priority for Vacation Subsection 9.3.1 Requests 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 9.3.2 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 8 hours must be approved by the Fire Chief, but will not be deducted from employees' timesheets. Section 9.4 Maximum Accruals Maximum accruals for vacation leave (a.k.a. annual leave) shall be as follows: 1 st - 4th year of employment 240 hours 5th - 9th year of employment 240 hours 10th - 19th year of employment 240 hours 20th year and beyond 258 hours Accrued leave may be converted to cash at termination if the employee has been employed for at least six (6) consecutive months. Section 9.5 Vacation Accrual Carryover It shall be the employee's responsibility to insure that accrued vacation hours stay below (pAunion\fireasst\fa97con.wpd 1/9/97) 6 of 25 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 10 - SENIORITY Section 10.1 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. Section 10.2 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 10.3 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. In the event the City chooses to do so, employees shall be laid off in inverse order to their length of service to the City. Should a lay-off be severe enough to require demotions in the higher ranks, employees shall be demoted in inverse order to their attaining that rank. Demoted employees shall be demoted to the rank that they held immediately prior to the 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 (p:lunionlfireasst1fa97con.wpd 1/9197) 7 of 25 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 in affected classes 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 11 - INSURANCE BENEFITS Section 11.1 Legal Requirements The City shall provide medical coverage of LEOFF employees as required by law. Section 11.2 Employee Coverage Subsection 11.2.1 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. Subsection 11.2.2 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 11.3 Plans Offered For the duration of this contract, the following health care plans will be offered to eligible employees: 1. Blue Cross of Washington &Alaska, Enhanced Prudent Buyer Plan 2. Group Health Cooperative (HMO), with $5.00 co-pay for office visits and prescriptions; and VSP Vision Plan. However, the City reserves the right to change carriers based upon comparable benefits and cost-effectiveness of such a change. (pAunionlfireasst1fa97con.wpd 1/9/97) 8 of 25 Section 11.4 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 for dependent coverage in 1997: New 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. Section 11.5 Continuation of Dependent Medical In the event the collective bargaining agreement expires and no other agreement has been reached, the City agrees to maintain dependent coverage, as specified in this agreement, in force until a new bargaining agreement is in effect. Section 11.6 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 11.7 Health Care Task Force The Union will designate two representatives to participate in the Health Care Task Force. The parties agree that the Union's participation on the City's Health Care Task Force has been mutually beneficial. The parties agree to meet and develop a letter of understanding that describes the purpose of the Task Force and the parameters under which the Task Force operates. Furthermore, the parties recognize that there must be representation and (pAunion\fireasst\fa97con.wpd 1/9/97) 9 of 25 participation by all Unions on the Task Force. Section 11.8 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. 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 which relates to the employee's medical fitness for duty according to the adopted medical standards of the Department. ARTICLE 12 - 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 13 - REIMBURSEMENT OF EXPENSES The City shall reimburse employees for all previously approved expenses incurred for department-related business. ARTICLE 14 - 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 cause, to schedule hours (p:lunionlfireasst1fa97con.wpd 1/9/97) 10 of 25 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 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 15 - DISCIPLINE Section 15.1 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 15.2 Disciplinary Measures The parties agree that discipline is a function vested with the Chief of the Fire Department. In the event there is a reason to cause disciplinary action against any employee, the charges in writing shall be sent to the employee involved. Section 15.3 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 grievance committee, 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 16 - 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. (pAunionlfireasstVa97con.wpd 1/9/97) 11 of 25 Step 1 All grievances shall be reduced to writing and submitted to the Fire Chief by the appropriate union representative within fifteen (15) working days of the occurrence giving rise to such grievance. 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. 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 then 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 which 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 17 - ELECTION OF REMEDIES The election of remedies provision is intended solely for the purpose of providing the (pAunionlfireasst1fa97con.wpd 119197) 12 of 25 parties a procedure for addressing disciplinary action (Article 15) or grievances (Article 16). 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 18 - 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 approval of the Human Resources Director nor shall such terms or changes be made without review and 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 19 - SICK LEAVE Section 19.1 Sick Leave Accrual Subsection 19.1.1 All Employees Those employees covered by this agreement shall accrue eight (8) hours of sick leave per month. Employees may accrue a maximum of 480 hours of sick leave. Subsection 19.1.2 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. This is to be retroactive to any Assistant Chiefs that has not received this benefit. (p:lunionlfireasstVa97con.wpd 1/9I97) 13 of 25 Section 19 2 Sick Leave Usage 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 19.3 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 FMLA policy. Whenever a person 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 19.4 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 19.5 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 19.6 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. ARTICLE 20 - 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 (pAunionlfireasst1fa97con.wpd 119197) 14 of 25 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 21 - LOCAL UNION BUSINESS Section 21.1 Time Off 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. ARTICLE 22 - UNIFORMS Section 22.1 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 22.2 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 23 - 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 (p:lunionlfireasstVa97con.wpd 1/9/97) 15 of 25 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 24 - 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. ARTICLE 25 - TAKE HOME VEHICLES Take home vehicles shall be assigned by the Fire Chief based on operational needs of the Fire Department. ARTICLE 26 - 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 27 - SUBSTANCE ABUSE POLICY This Article establishes the procedure for drug and alcohol testing and shall apply to all employees covered by this bargaining agreement. (p:\unionlfireasst\fa97con.wpd 1/9/97) 16 of 25 Section 27.1 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 27.2 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. 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 27.3 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 (p:lunionlfireasst1fa97con.wpd 119/97) 17 of 25 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 27.4 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 which 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 27.14 of this agreement. A split sample shall be reserved in all cases for an independent analysis in the event of a 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 27.5 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 which meets the requirements of the Food and Drug Administration for commercial distribution. The following initial cutoff levels shall be used (pAunionlfireasstVa97con.wpd 1/9/97) 18 of 25 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 metabolites. . . . . . . . . . . . . . . . . . . . . . . . . . 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 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 27.6 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 (pAunionlfireasst1fa97con.wpd 1/9/97) 19 of 25 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 27.7 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 27.8 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. Section 27.9 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 their time and expenses including travel incurred involving the testing procedure only. (p:lunionlfireasst1fa97con.wpd 1/9/97) 20 of 25 Section 27 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 27.11 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 27.12 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 27.13 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 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. (p:lunionlfireasst1fa97con.wpd 1/9/97) 21 of 25 Section 27 14 Consent for Sampling and Release of Information Form CONSENTlRELEASE 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. 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 (p:lunionlfireasst1fa97con.wpd 1/9/97) 22 of 25 ARTICLE 28 -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 29 -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 30 - 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 which 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 31 - 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. (p:lunionlfireasst1fa97con.wpd 1/9/97) 23 of 25 ARTICLE 32 - DURATION OF AGREEMENT This agreement shall be in full force and in effect from January 1, 1997 and shall continue through December 31, 1999. Signed this o2/ day of 1997. CITY OF KENT KENT ASSISTANT FIRE CHIEFS LOCAL 1747, I.A.F.F. BY BYE, ,,, Jim ite, Mayor OmULM rkley, esi nt ATTEST BY o � City Clerk ; Mike Moore, Secretary i Approved as Negotiated: Approved as Negotiated: ue Viseth, Human Resources Director J Aldridge, Negotiator Approved as to form: tf5 Roger Lubovich, City Attorney (pAunion\fireasst\fa97con.wpd 1/9197) 24 of 25 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) 1 Dress Uniforms Shirts 2 Pants 3 Blouse 1 Hat 1 Belt 1 Shoes 1 pair Tie 1 Nameplate (Metal) 1 Protective Equipment Bunker Pants 2 Bunker Coat 2 Boots 2 pairs Helmet 2 Gloves 2 pairs Flashlight 1 Knife 1 Nomex Hood 2 Carrying Bag 1 Wildland Protective Equipment Coat 1 Pants 1 Helmet 1 Protective Goggles 1 Gloves 1 pair Carrying Bag 1 Miscellaneous Equipment Badges--Breast 2 Badges--Cap 1 Collar Insignia 2 (pAunion\fireasst\fa97con.wpd 1/9197) 25 of 25