HomeMy WebLinkAboutHR1996-0114 - Original - Kent Firefighters Local 1747, IAFF - 1996-1998 Collective Bargaining Agreement COLLECTIVE BARGAINING AGREEMENT
BETWEEN
CITY OF KENT, WASHINGTON
AND
KENT FIRE FIGHTERS LOCAL 1747, I.A.F.F.
January 1 , 1996 through December 31 , 1998
(PAunionkfr96con.wpd)
TABLE OF CONTENT'S
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 2
Section 2.3 Contribution in Lieu of Dues 2
Section 2.4 Time Limit and Options 2
Section 2.5 Dues Deduction 2
Section 2.6 Non-Compliance 3
Section 2.7 Notification 3
ARTICLE 3 - NON-DISCRIMINATION/AFFIRMATIVE ACTION 3
ARTICLE 4 - SALARIES 3
ARTICLE 5 - EMERGENCY MEDICAL CERTIFICATION 3
Section 5.1 Emergency Medical Technician Basic 3
Section 5.2 Emergency Medical Technician Defibrillatior 4
ARTICLE 6 - HOURS OF WORK 4
Section 6.1 Shift Employees/Detroit Schedule 4
Section 6.2 Shift and Day Shift Defined 4
Section 6.3 Kelly Days - Average Work Week 4
Section 6.4 Day Shift Scheduling 5
Section 6.5 Scheduling of Recruits 5
ARTICLE 7 - OVERTIME PAY 6
Section 7.1 Overtime Defined . . . . . , . . 6
Section 7.2 Call Back 6
Section 7.3 Compensatory Time Off (Comp Tirne"i 6
ARTICLE 8 - FAIR LABOR STANDARDS 6
ARTICLE 9 - TEMPORARY DETAIL TO HIGHER POSITION 7
Section 9.1 Eligible Classification 7
Section 9.2 Assignment 7
ARTICLE 10 - HOLIDAYS 7
Section 10.1 Holidays - Shift Employees 7
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Section 10.2 Overtime on Holidays - Proclaimed . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Section 10.3 Holidays - Day Shift Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Section 10.4 Emergency Closures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
ARTICLE 11 - VACATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Section 11.1 Vacation Accrual Rate - Shift Employees . . . . . . . . . . . . . . . . . . . . . . . . 8
Section 11.2 Vacation Accrual Rate - Day Shift Employees . . . . . . . . . . . . . . . . . . . . 8
Section 11.3 Vacation/Seniority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Subsection 11.3.1 Shift Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Subsection 11.3.2 Day Shift Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Section 11.4 Requests and Priority for Vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Subsection11.4.1 Requests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Subsection 11.4.2 Minimum Hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Subsection 11.4.3 Priority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Section 11.5 Maximum Accruals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Section 11.6 Vacation Accrual Carryover . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Section 11.7 Conversion of Hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Subsection 11.7.1 Conversion Ratios . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Subsection 11.7.2 Conversion for Temporary Assignment . . . . . . . . . . . . . . . . . 11
ARTICLE 12 - SENIORITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Section 12.1 Seniority Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Section 12.2 Leaves, Resignations and Reinstatements. . . . . . . . . . . . . . . . . . . . . . 11
Section12.3 Lists . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Section12.4 Lay-Offs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
ARTICLE 13 - INSURANCE BENEFITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Section 13.1 Legal Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Section 13.2 Employee Coverage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Subsection 13.2.1 LEOFF I Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Subsection 13.2.2 LEOFF II Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Section 13.3 Plans Offered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Section 13.4 Dependent Coverage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Section 13.5 Continuance of Dependent Medical . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Section 13.6 Life Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Section 13.7 Health Care Task Force . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Section 13.8 Medical Examinations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
ARTICLE 14 - BEREAVEMENT LEAVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
ARTICLE 15 - REIMBURSEMENT OF EXPENSES . . . . . . . . . . . . . . . . . . . . . . . . . . 15
ARTICLE 16 - MANAGEMENT RIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
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ARTICLE 17 - DISCIPLINE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Section 17.1 Departmental Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Section 17.2 Disciplinary Measures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Section 17.3 Right of Privacy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
ARTICLE 18 - GRIEVANCE PROCEDURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
ARTICLE 19 - ELECTION OF REMEDIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
ARTICLE 20 - CONFERENCE BOARD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Section 20.1 Mutual Concern . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Section 20.2 Contract Modification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
ARTICLE 21 - JATC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
ARTICLE 22 - SICK LEAVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Section 22.1 Employees Hired Prior to 10/1/77 - LEOFF I . . . . . . . . . . . . . . . . . . . . 19
Subsection 22.1.1 Shift Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Subsection 22.1.2 Day Shift Employee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Subsection22.1.3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Subsection 22.1.4 Leave to Care for Sick Dependents . . . . . . . . . . . . . . . . . . . . 20
Section 22.2 Employees Hired On or After 10/1/77 - LEOFF II . . . . . . . . . . . . . . . . . 20
Subsection 22.2.1 Shift Employee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Subsection 22.2.2 Day Shift Employee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Subsection 22.2.3 Maximum Accumulation of Sick Leave . . . . . . . . . . . . . . . . . . 20
Subsection 22.2.4 Approved Use of Sick Leave . . . . . . . . . . . . . . . . . . . . . . . . . 20
Section 22.3 Conversion of Sick Leave Hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Subsection 22.3.1 LEOFF I Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Subsection 22.3.2 LEOFF II Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Section 22.4 Light Duty Assignment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Section 22.5 Notice to Department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Section 22.6 Sick Leave LEOFF II Employees
On Duty Injury Leave Provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
ARTICLE 23 - MILITARY LEAVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
ARTICLE 24 - SHIFT TRADES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
ARTICLE 25 - LOCAL UNION BUSINESS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Section 25.1 Time off . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Section 25.2 Union Meetings on Premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Section 25.3 Union Work Replacement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
ARTICLE 26 - PERFORMANCE OF DUTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
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ARTICLE 27 - RETENTION OF BENEFITS . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 27.1 Retention of Benefits 23
23
ARTICLE 28 - UNIFORMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ARTICLE 29 - PERSONNEL FILES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ARTICLE 30 - SMOKE FREE WORK PLACE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ARTICLE 31 - SUBSTANCE ABUSE POLICY . . . . . . .
Section 31.1 Policy " " " 25
Section 31.2 Informing Employees about Drug and Alcohol Testing25
Section 31.3 Employee Testing 25
g . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Section 31.4 Sample Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 31.5 DrugTesting26
Section 31.6 Alcohol Testing . . . . . . . 27. . . . . . . . . . . . . . .
Section 31.7 Medical Review Physician 28
Section 3128
.8 Laboratory Results . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 31.9 Testing Program Costs . . . . . . . . . . . . . . . . . . 28
Section 31.10 Rehabilitation Program . . . . . . . . . . . . ' ' ' . 29
29
Section 31.11 Duty Assignment After Treatment . . . . . . . . . . . .
Section 31.12 Right of Appeal . . . . . . . . . . . . . . . . . ' ' ' ' ' . ' ' 30
29
Section 31.13 Union Held Harmless .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . ' ' ' '
Section 31.14 Consent for Sampling and Release of Info. Form . . . . . . . . . . . . . . . . 30
ARTICLE 32 - ENTIRE AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . .
Section 32.1 Entire Agreement . . . . . . . . . . . . ' . . . . . . . . . . 31
Section 32.2 Waiver of Rights - Non-Bargained Items 31
Section 32.3 Savings Clause . . . . . . . . . . . . . . . . . . . . . . . . . ' ' ' ' ' ' . . . . . . . . . 31
31
ARTICLE 33 - HEALTH AND PHYSICAL FITNESS TRUST FUND . . . . . . . . . . . . . . 32
ARTICLE 34 - PROMOTIONAL STANDARDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
ARTICLE 35 - DURATION OF AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
APPENDIX "A" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SECTION ONE - SALARY SCHEDULE . . . . . . . . 34
SECTION TWO - LONGEVITY - ELIGIBLE EMPLOYEES 34
SECTION THREE - SERVICE REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
SECTION FOUR - PERCENTAGE RELATIONSHIPS . . . . . . . . . 35
35
SECTION FIVE - ASSIGNMENTS AND COMPENSATION . . . . . . . . . . . . . . . . . . . . 35
SECTION SIX - SPECIALTY PAY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
(PAunionlfr96con.wpd) iv
SECTION SEVEN - CLOTHING ALLOWANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
SECTION EIGHT - STANDBY DUTY PAY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
SECTION NINE - MATCHING DEFERRED COMPENSATION PLAN . . . . . . . . . . . . 36
APPENDIX "B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
APPENDIX "C.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
APPENDIX "D.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
(PAunion\fr96con.wpd) V
AGREEMENT
BY AND BETWEEN
CITY OF KENT
AND
KENT FIREFIGHTERS UNION LOCAL NO. 1747
January 1, 1996 through December 31, 1998
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 Battalion Chief
and below. The parties understand that they retain the right to file a petition to clarify the
bargaining unit, include and/or exclude the appropriate positions, and that neither party
waives its right by execution of this agreement.
ARTICLE 2 - UNION MEMBERSHIP
Section 2.1 Non-Discrimination
The parties agree that all employees covered hereunder shall be encouraged by the Union
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 nonmembership in any labor union or other employee organization.
(PAunion*96conmpd) 1
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
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 equivalent to
the regular Union dues in lieu of Union dues; or
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
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the City under the provisions of this Section. 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 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
refuses 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.
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
The City agrees to maintain salaries as outlined in Appendix A.
ARTICLE 5 - EMERGENCY MEDICAL CERTIFICATION
Section 5.1 Emergency Medical Technician - Basic
All members of the bargaining unit except Battalion Chiefs and those personnel regularly
assigned to Administration, Fire Prevention, and Training shall by the end of the member's
probationary period (that is, after the first year of employment) maintain current certification
as an Emergency Medical Technician, Basic Level, (EMT) in accordance with the policies
of the Kent Fire Department. Those members not required to be EMT's shall maintain at
least a current first aid card as endorsed by King County Emergency Medical Services
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(K.C.E.M.S.), or equivalent. Those members returning to shift work shall become
recertified as soon as possible, but no later than one year from date of returning to shift
work. Such certification shall be scheduled by Fire Administration.
Section 5.2 Emergency Medical Technician - Defibrillation
Defibrillator training is an extra duty which is a voluntary undertaking on an individual basis.
If a firefighter wishes to drop out of the program, it will not be held against the firefighter.
If by the individual terminating voluntary participation in the program the Department does
not have a sufficient number of qualified defibrillator-trained personnel to adequately staff
the aid cars and a volunteer replacement is not available, the individual wishing to drop out
will remain in the program for a reasonable period of time (not to exceed 6 months)to allow
for training of a replacement. If a voluntary replacement is available an individual may
immediately terminate his or her participation in the program, even if such termination
should reduce the number of qualified defibrillator personnel below minimum, by submitting
written notification to the Fire Department Administration.
ARTICLE 6 - HOURS OF WORK
Section 6.1 Shift Employees/Detroit Schedule
The number of hours and utilization of the "Detroit Schedule" (starting at 8:00 A.M.) for
employees under this agreement shall be continued in accordance with present practice.
Nothing herein shall limit the City in exercising discretion in varying hours of duty of any
employee as long as it does not violate Section 6.2, 6.3, or 6.4.
Section 6.2 Shift and Day Shift Defined
For purposes of this agreement, "shift" employees are defined as those assigned to a
twenty-four (24) hour shift. "Day Shift" employees are defined as those employees
assigned 40 hour work weeks (e.g., Administration, Training, and Fire Prevention).
Section 6.3 Kelly Dads - Average Work Week
A Detroit schedule requires fire fighters to work a standard work week that averages fifty-
six (56) hours per week. This is computed as follows:
24 Hours a Day @ 365 Days a Year = 8760 Hours per Year
Divided into 3 Shifts = 2920 Hours per Shift per Year
365 Days per Year/ 7 Days per Week = 52.14 Weeks per Year
2920 Hours per Shift / 52.14 Weeks per Year = 56 Hours per Week
(PAunion*96conmpd) 4
This schedule shall be reduced by allowing shift employees to take "Kelly Days" off. Such
days off will be scheduled by fire administration through internal departmental policies and
procedures. Such policies and procedures will be in writing and uniformly administered.
For the duration of this contract, shift employees shall be granted twelve (12) Kelly days
off per year.
In the contract year 1996, ten (10) Kelly Days will be evenly distributed throughout the
year, Fire Administration will schedule the eleventh (11th) Kelly Day to best meet the needs
and demands of the department's operational effectiveness, and the twelfth (12th) Kelly
Day will be chosen by the employee to replace one of his/her first or second choice
vacation shifts, which have been selected through vacation bid schedules. Substitution of
the 12th Kelly Day shall not result in that vacation slot being opened for additional people
to take vacation.
In 1997 and 1998, the twelve (12) Kelly days will be scheduled by the department in a
uniform manner. The Kelly days shall be scheduled so as to spread them out evenly while
minimizing the department's overtime (FLSA and callback) costs to the greatest extent
possible. All Kelly days are tradable within their respective cycle. The schedule shall be
subject to review by the Union prior to its implementation.
Twelve (12) Kelly days off results in an average work week of 50.48 hours.
Section 6.4 Day Shift Scheduling
Day shift employees 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 any schedule changes.
The workweek for the Fire Prevention and Training Division personnel may be any four
(4) or five (5) consecutive workdays exclusive of Sunday, as dictated by the workload in
the Department.
Section 6.5 Scheduling of Recruits
The Union recognizes the right of the Chief to schedule the necessary recruit training
including, but not limited to, the State Recruit Academy and EMT training, notwithstanding
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the provisions of this article. Recruit status shall not exceed the first six months of
employment. Compensation may either be additional time off or pay following recruit
training at the City's option.
ARTICLE 7 - OVERTIME PAY
Section 7.1 Overtime Defined
Hours of duty outside of regular duty hours shall be considered overtime. All overtime
compensation shall be computed at time and one-half and shall be paid in cash, except as
provided in Section 7.3 of this agreement. All overtime shall be rounded to the nearest
one-quarter hour and must be authorized in advance by a designated authority. The
overtime rate of pay shall be determined from a straight time hourly rate which shall be
computed by dividing annual salary by annual hours. Hireback hours scheduled outside
of regular duty hours shall commence upon sign in of the employee at the designated work
station. In the event overtime is not annexed to the beginning or end of a normal shift, the
minimum payment shall be for two (2) hours at the overtime rate.
Section 7.2 Call Back
Emergency call back overtime shall commence at the time of notification of the alarm and
shall end on sign out by the employee with a two (2) hour minimum at the overtime rate.
However, should the travel time of an employee exceed thirty (30) minutes, time shall stop
and commence again on sign in of the employee.
Section 7.3 Compensatory Time Off(Comp Time)
Day shift personnel shall be allowed to choose between cash payment or compensatory
time off if offered by fire administration. Compensatory time off will be calculated at the
regular overtime rate (time and one-half). Compensatory time off may be taken in
accordance with the policies governing annual leave.
ARTICLE 8 - FAIR LABOR STANDARDS
The MEMORANDUM OF UNDERSTANDING attached hereto as Appendix "D" is
incorporated herein and made a part of this agreement by this reference.
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ARTICLE 9 - TEMPORARY DETAIL TO HIGHER POSITION
Section 9.1 Eliaible Classification
An employee who is detailed by the Fire Chief or designee to temporarily fill the position
of Battalion Chief, Captain, or Lieutenant shall be paid at the rate for that position,
provided that the employee is so assigned for a minimum of two (2) hours.
Section 9.2 Assignment
Said employee shall be assigned by the Chief from the shift in which the vacancy occurs.
ARTICLE 10 - HOLIDAYS
Section 10 1 Holidays - Shift Employees
Shift employees shall accrue time off in lieu of holidays at the rate of five (5) working shifts
off duty with pay each year. Such time off in lieu of holidays shall be earned at the rate of
ten (10) hours per calendar month for a total of one hundred twenty (120) hours per year.
Section 10.2 Overtime on Holidays - Proclaimed
Shift employees shall receive four (4) hours straight time pay in addition to regular pay for
working any holidays proclaimed by the Mayor in addition to those normally available to all
City employees. The hourly rate shall be computed in accordance with Section 7.1. The
shift to receive such payment shall be the shift which begins at 8:00 a.m. on the proclaimed
holiday.
Section 10.3 Holidays - Day Shift Employees
Day shift employees shall be allowed their scheduled workday off, with pay, for "legal
holidays specified in City policy. If a holiday falls on the employee's normally scheduled
flex day, the work day before or after will be taken off for the holiday. However, the
provisions of Section 10.4 below shall apply during closures or partial closures for
emergencies or safety reasons.
Section 10.4 Emergency Closures
The Mayor or his designee may declare the closure or partial closure of City facilities or
operations in the case of emergencies or for safety reasons. Members of the bargaining
unit, as well as other public safety personnel, will continue to maintain their normal work
schedule unless specifically released from duty. Members of the bargaining unit who may
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be required to work their normal schedule during such declaration will not receive
additional compensation or benefits.
ARTICLE 11 -VACATIONS
Section 11 1 Vacation Accrual Rate - Shift Employees
Vacation accrual rates for shift employees shall be as follows:
YEAR OF SERVICE EMPLOYEE EARNS EMPLOYEE EARNS
PER MONTH PER YEAR
1st - 4th 14 Hours 7 Shifts
5th - 9th 18 Hours 9 Shifts
10th - 19th 22 Hours 11 Shifts
20th and Thereafter 26 Hours 13 Shifts
Section 11.2 Vacation Accrual Rate --Day Shift Employees
Vacation accrual rate for day shift employees shall be as follows:
YEAR OF SERVICE EMPLOYEE EARNS EMPLOYEE EARNS
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 and Thereafter 14.67 Hours 22 Days
Section 11.3 Vacation/Seniority
Subsection 11 3 1 Shift Employees
Vacation shall be taken by seniority provided the first choice be made by December 1
(maximum 6 consecutive shifts), and the second choice be made by January 1 (maximum
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6 consecutive shifts). An individual shall not make a second choice until after December
1 unless everyone on the shift has made their first choice. Provided however, an employee
may take more that six consecutive shifts as a first choice, if and only if, all other
employees on the shift give written approval prior to December 1.
Subsection 11 3 2 Day Shift Employees
Vacation shall be taken by seniority, within the unit to which the employee is assigned,
provided the first choice be made by December 1, and second choice by January 1. An
individual shall not make a second choice until after December 1 unless everyone within
the unit has made their first choice.
Section 11 4 Requests and Priority for Vacation
Subsection 11 4 1 Requests
All requests for vacation/holidays will be made at least forty eight (48) hours prior to the
beginning of the shift for which leave is requested. Exceptions may be granted where
necessary.
Subsection 11.4.2 Minimum Hours
The minimum number of hours allowed to be taken on vacation or holiday shall be two (2).
Subsection 11.4.3 Priority
An employee requesting a full shift of vacation/holiday shall be granted leave priority over
another employee on the same shift requesting less than a full shift of leave, however, if
the employee who requested the partial shift did so prior to the full shift request, the
employee requesting the partial shift shall have the option to take a full shift off when
notified.
Section 11.5 Maximum Accruals
Maximum accruals for vacation/holiday leave (aka: Annual Leave) shall be as follows:
YEAR OF SERVICE SHIFT DAY SHIFT
1 st through 4th Year of Employment 360 hours 240 hours
5th through 9th Year of Employment 408 hours 240 hours
10th through 19th Year of Employment 456 hours 240 hours
20th Year and beyond 504 hours 258 hours
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Accrued leave may be converted to cash at termination if the employee has been
employed for at least six (6) consecutive months.
Section 11.6 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 11.5; 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 and holiday leave so that it results in the
maximum opportunity for the employee to utilize vacation and holiday 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/holiday leave beyond the maximum on an
exception 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.
Section 11.7 Conversion of Hours
Subsection 11.7.1 Conversion Ratios
When it is necessary to convert vacation/holiday accruals from shift equivalents to day shift
equivalents, or vice versa, for assignments intended to be longer than 180 days in
duration, it shall be accomplished without loss of benefits by applying the following
conversion ratios:
1 st through 4th Year of Employment 1.75
5th through 9th Year Employment 1.80
10th through 19th Year of Employment 1.85
20th Year and beyond 1.95
The circumstances under which this conversion becomes necessary is when an employee
is transferred from a twenty-four (24) hour shift schedule to a day shift schedule, or vice
versa, for periods intended to be one hundred eighty one (181) days or more.
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Subsection 11 7 2 Conversion for Temporary Assignments
For assignments or transfers intended to be for one hundred eighty (180) days or less from
a twenty-four (24) hour shift schedule to a day shift schedule, or vice versa, the following
conversion procedure shall apply.
A. If an employee is transferred for a time period of seven (7) consecutive calender
days or less, no conversion shall take place.
B. If an employee is transferred for more than seven (7) consecutive calender days,
vacation/holiday hours will be converted according to the ratios specified in
Subsection 11.7.1. This will provide the employee with the number of
vacation/holiday hours available while on temporary assignment.
1. While on day shift, the employee will accrue and use City standard holidays
like all regular day shift employees.
2. When the employee returns to shift schedule, annual leave hours will be
converted per formula in Subsection 11.7.1. However,the number of months
on day shift assignment will be compared with the number of holidays used
during those months, and the employee will receive 10 additional hours of
holiday/vacation for each month in which assignment on day shift exceed the
number of holidays that took place during the assignment.
C. It is understood that until the conversion process can be automated, conversions
for assignments for periods intended to be between eight (8) to thirty (30) days
shall be done manually by Fire Administration. Once automated, all conversions
will be handled through payroll in accordance with B above.
ARTICLE 12 - SENIORITY
Section 12.1 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 12.2 Leaves Resignations and Reinstatements
In accordance with Civil Service Rules, employees must apply for reinstatement within two
(2) years of their resignation or leave of absence. The following agreement will apply to
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such employees:
1. The Fire Chief maintains explicit discretion in determining if an employee who
resigned from the department is to be reinstated.
2. The Fire Chief retains the right to impose conditions relating to the re-employment
of such an employee to include, but not be limited to, a probationary period and training
requirements.
3. Should an employee return from a leave of absence or a resignation under Civil
Service Rules, the employee shall be granted full seniority rights and benefits less the
period of absence. These seniority rights and benefits shall include longevity pay for the
period of continuous service completed prior to the absence.
4. The employee shall also receive vacation and sick leave accrual based upon the
length of continuous service prior to the absence. Employees reinstated after a resignation
shall not be entitled to sick leave accrued prior to their resignation.
If an employee does not file for reinstatement through Civil Service within the time allotted,
the employee must go through the application and testing process to be reinstated, in
which case, the employee's seniority will be as stated in Section 12.1.
Section 12.3 Lists
Seniority lists shall be kept current and shall be posted at each fire station. Employees
having the same length of continuous service will be placed on the seniority lists in the
order their names appear on the Civil Service Eligibility lists.
Section 12.4 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
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
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in affected classes as a result of layoffs. These lists shall be administered, (eg. 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 13 - INSURANCE BENEFITS
Section 13.1 Legal Requirements
The City shall provide medical coverage of LEOFF employees as required by law.
Section 13.2 Employee Coverage
Subsection 13 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 13 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 13.3 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 copay 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.
Section 13.4 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 agree to pay the following amounts towards
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dependent coverage in 1996:
Blue Cross Enhanced Prudent Buyer Employee Pays
Employee and Spouse $15/mo.
Employee and Children $10/mo.
Full Family $25/mo.
Group Health/Blue Cross DentaINSP Vision Employgg Pays
Employee and Spouse $25.00
Employee and Children $15.00
Full Family $65.00
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 13.5 Continuance 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 13.6 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.
Section 13.7 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
participation by all Unions on the Task Force.
Section 13.8 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
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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 14 - BEREAVEMENT LEAVE
Bereavement leave shall be granted in accordance with City Policy. For purposes of
clarification, shift employees may be granted two (2) twenty-four (24) hour shifts without
charge to sick leave and may be granted up to three (3) additional shifts off with pay which
shall be charged against accumulated sick leave. Employees notified of a death while on
duty shall be immediately excused from work for the balance of the shift once authorization
has been granted from the employee's proper chain of command.
ARTICLE 15 - REIMBURSEMENT OF EXPENSES
Employees shall be reimbursed in accordance with City Policy as now or hereafter
amended by the City. Reimbursement for mileage will be based on actual odometer
readings from the employee's work station to the destination and return to the work station.
Approval of reimbursement shall be at the discretion of the Chief or designee.
ARTICLE 16 - 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
of work, to determine the number of personnel to be assigned duty at any time, and to
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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 17 - DISCIPLINE
Section 17.1 Departmental 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 17.2 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 17.3 Right of Privacy
Subject to federal and state law, no information regarding any disciplinary action shall be
released to anyone except the City or Union Grievance Committee unless mutually agreed
upon in writing by the employee and the Chief. The employee shall have the right and
responsibility to advise the Union when the employee has been subjected to disciplinary
action.
ARTICLE 18 - 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. For
purposes of this article, working days shall be defined as Monday through Friday, exclusive
of holidays. Grievances shall be resolved in the following manner:
Step 1: All grievances shall be reduced to writing and submitted to the Fire Chief by the
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appropriate Union representative within fifteen (15) working days of the
occurrence giving rise to such grievances.
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/her designee, or at the Mayor's discretion to the City Council, for
adjustment. 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/her representative.
Step 3: If no satisfactory decision has been reached in Step two (2), the grievance may
within forty-five (45) calendar days then be filed for submission to Arbitration. The
Arbitrator shall be a member or 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 arbiter's decision shall be
based solely upon his/her 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
chairman of the Board shall be the member of the American Arbitration Association. 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 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 findings by the Board shall be binding on all parties
concerned.
ARTICLE 19 - ELECTION OF REMEDIES
The election of remedies provision is intended solely for the purpose of providing the
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parties a procedure for addressing disciplinary action (Article 17) or grievances (Article 18).
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 20 - CONFERENCE BOARD
Section 20.1 Mutual Concern
There shall be a Department Conference Board consisting of three (3) representatives
named by the Union and three (3) representatives named by the Chief of the Department.
The Chief of the Department, or his representative, shall sit as one of the three (3) City
representatives to the maximum extent practicable, but any of the six (6) members may be
replaced with an alternate from time to time. It is also agreed that either party may add
additional members to its Conference Board committee whenever deemed appropriate.
The Conference Board shall meet as needed and shall consider and discuss matters of
mutual concern pertaining to the improvement of the Department and the welfare of the
employees. The purpose of the Conference Board is to deal with matters of general
concern to members of the Department as opposed to individual complaints of employees;
provided, however, it is understood that the Conference Board shall function in a consultive
capacity to the Chief. Accordingly, the Conference Board will not discuss grievances
properly the subject of the procedure outlined in Article 18, except to the extent that such
discussion may be useful in suggesting improved Departmental policies.
Section 20.2 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
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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 21 -JATC
As a condition of employment, each member of the bargaining unit who is assigned to
participate in the JATC program, must successfully complete same within the time frames
established by the Committee. The JATC Committee is empowered to make motions to
notify the Fire Chief of apprentices who have not successfully completed the program
within the time frames established by the Committee. In the event the JATC Committee
notifies the Fire Chief that an apprentice is not, or has not successfully completed the
program within the time frames established by the Committee; the Fire Chief may take
appropriate corrective action, subject to current applicable Fire Department Policy and
Procedures and Civil Service Rules and Regulations.
ARTICLE 22 - SICK LEAVE
Section 22.1 Employees Hired Prior to 10/1/77 - LEOFF I
Subsection 22 1.1 Shift Employees
All shift personnel shall be allowed up to four (4) nonconsecutive shifts off in a calendar
year. Whenever a person takes three (3) consecutive shifts off, a doctor's authorization
and application for LEOFF disability will be made.
Subsection 22 1 2 Day Shift Employee
All day shift personnel shall be allowed up to six (6) nonconsecutive days off in a calendar
year. The City will require a doctor's authorization and employee application for LEOFF
disability whenever more than three (3) consecutive days are taken, in accordance with
City sick leave policy.
Subsection 22.1.3
Nothing herein will undermine the City's right to check on the employee as to the cause
and nature of sickness at any time or 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 interests
of the City develops.
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Subsection 22 1 4 Leave to Care for Sick Dependents
Paid leave will be granted to any LEOFF I employee required to care for or attend to an
immediate family member who is sick or temporarily incapacitated and requires the
assistance of the employee. Such leave is not cumulative and shall not exceed three (3)
shifts per calendar year.
Section 22.2 Employees Hired On or After 10/1/77 - LEOFF II
LEOFF II employees shall receive sick leave in accordance with the following accrual plan:
Subsection 22 2 1 Shift Employee
For each month of continuous service during an employee's first forty-eight (48) months
of employment, the employee shall accrue on an accelerated basis at the rate of twenty-
four (24) hours of sick leave for each completed month.
For each month of continuous service after the first forty-eight (48) months, the employee
will resume the regular shift accrual rate of twelve (12) shift hours of sick leave per month.
Subsection 22 2 2 Day Shift Employee
For each month of continuous service during an employee's first forty-eight (48) months
of employment, the employee shall accrue on an accelerated basis at the rate of sixteen
(16) hours of sick leave for each completed month of service.
For each continuous month of service after the first forty-eight (48) months, the employee
will resume the regular day shift accrual rate of eight (8) hours per month.
Subsection 22.2.3 Maximum Accumulation of Sick Leave
The maximum accumulation of sick leave for any LEOFF II employee shall be 1,440 shift
hours and for any LEOFF II day shift employee 960 day shift hours.
Subsection 22 2 4 Approved Use of Sick Leave
Approved use of sick leave accruals shall be in accordance with City Policy. Whenever a
person takes three (3) consecutive shifts off, a doctor's authorization will be required.
However, the LEOFF I exclusions shall not apply to LEOFF II members.
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Section 22.3 Conversion of Sick Leave Hours
Subsection 22 3 1 LEOFF I Employees
When it is necessary to convert the sick leave allowance from shift equivalents to day shift
equivalents, or vice versa, it shall be accomplished without loss of benefits by applying a
formula which reflects the ratio of Shift to Days of 2:1.
Subsection 22 3 2 LEOFF II Employees
When it is necessary to convert sick leave accruals from shift equivalents to day shift
equivalents, or vice versa, it shall be accomplished without loss of benefits by applying a
formula which reflects the following ratio:
Shift Employee Maximum Accrual_ = 1440 = 1_5
Day Shift Employee Maximum Accrual 960 1.0
Section 22.4 Light Duty Assignment
LEOFF II employees who are disabled may be assigned to limited duty by the City when
it is determined that the employee can perform productive work for the City.
Section 22.5 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 Fire Department Policy.
Section 22.6 Sick Leave LEOFF II Employees On Dutv Injury Leave Provision
Employees injured on-duty and qualified for worker's compensation shall have their base
salary maintained for a period not to exceed six (6) months. This shall be accomplished
through a combination of worker's 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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ARTICLE 23 - 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 points
of clarification:
The City and 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 his or her 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
the following:
Fifteen (15) work periods ("15 work days") if the individual is assigned to a "day
shift" position or,
Nine (9) work periods ("9 shifts") if the individual is assigned to a twenty-four (24)
hour shift position.
For purposes of interpreting other provisions of the Policy relating to work days, nine (9)
24-hour Shifts shall be the same as fifteen (15) work days. Also, by this agreement, no
additional "contract" between the City and the Employee shall be required as outlined in
paragraph #2 of the Policy, and the provisions of this paragraph shall apply to all
Bargaining Unit members.
ARTICLE 24 - SHIFT TRADES
Shift Trades for members of the bargaining unit shall be allowed on a rank for rank basis.
Shift Trades are an agreement between two individuals and are on a voluntary basis.
Requests for Shift Trades shall be completed and properly submitted 24 hours in advance.
It is the responsibility of the two parties to insure that the Shift Trade is conducted in
accordance with the Fire Department's Policy and Procedures and FLSA regulations.
Further, Shift Trades shall not result in an increased net cost to the City, nor shall it have
a significant impact on the workload of Fire Administration (eg., having to resolve
disagreements between individuals).
ARTICLE 25 - LOCAL UNION BUSINESS
Section 25.1 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 18.
(P:lunion*96conmpd) 22
In addition, time off for attending negotiation sessions with the City and meetings with
administration will be allowed; provided that:
1. Such time off does not result in additional cost to the City; and
2. Reasonable notice is given to the City by the employee requesting such time
off.
Section 25.2 Union Meetings on Premises
Monthly Union and Executive Board meetings may be held in the fire stations provided
such meetings do not result in significant interference with the routine or effectiveness of
the stations.
Section 25.3 Union Work Replacement
The Union shall be allowed to provide work replacement for Union Officials or designated
representatives consistent with the hireback policies of the Department. The Union shall
reimburse the City for the costs of Hireback based on actual costs as calculated by the
Finance Department. All Union hirebacks shall be designated as such in writing at least
24 hours in advance of such hireback to the Duty Officer.
ARTICLE 26 - 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 his assigned duties to the best of his ability. 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.
ARTICLE 27 - RETENTION OF BENEFITS
Section 27.1 Retention of Benefits
All rights, privileges, and working conditions enjoyed by the employees at the present time,
which are not included in this agreement, shall remain in full force, unchanged, and
unaffected in any manner during the term of this agreement unless changed by mutual
consent; except in accordance with the following procedure:
1. Reduce the nature of the change in writing, including the reason(s) for such
change, and then transmit it to the Union Executive Board;
2. The Union Executive Board shall respond within fifteen (15) working days to
(P:lu nion*96con mpd) 23
the proposed change;
3. Except for emergency, the Chief will not implement the change for at least
thirty (30) days after the Union response so that adequate review of the
Union response can be made. The above delay shall not apply if the Union
is in mutual agreement with the change. If there is not a mutual agreement,
the Chief will meet with the Union Executive Board to address the Union's
concerns regarding the proposed change. The Union shall have the right to
submit the matter to arbitration if the Union believes the change is in violation
of any of the terms of this labor agreement.
ARTICLE 28 - UNIFORMS
The City shall require, furnish, and provide other-than-normal maintenance of the clothing
and equipment shown in Appendix B for each employee covered by this agreement. The
employee shall provide for all normal maintenance and cleaning in accordance with
manufacturer's directions.
ARTICLE 29 - 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 internal
use of the Fire Department and the City, for the management of the Department and its
employees. The Mayor and City Director of Operations shall have the right to review all
personnel files of 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 the 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.
(P:Wnion*96conmpd) 24
ARTICLE 30 - SMOKE FREE WORK PLACE
In the event a smoke free policy is adopted by the City during the term of this labor
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 shift employees to attend the full class schedule on their personal time.
ARTICLE 31 - SUBSTANCE ABUSE POLICY
The procedure outlined in this article for drug and alcohol testing shall become a part of
the Labor Agreement between the City of Kent and the International Association of Fire
Fighters Local 1747, and shall be covered by all applicable articles within that Agreement.
Section 31.1 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 31.5 and 31.6 of this article. Employees participating in treatment programs
are expected to observe all job performance standards and work rules.
Section 31.2 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
(PAunion\fr96con.wpd) 25
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 31.3 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, as 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 adequate opportunity to observe these changes.
Section 31.4 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 a consent and release form as attached to
this article.
(PAunionWr96con.wpd) 26
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 31.5 Drug Testin_a
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
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 nglml.
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
(PAunion\fr96con.wpd) 27
(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 31.6 Alcohol Testina
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 31.7 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 31.8 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
(PAunion\fr96con.wpd) 28
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 31.9 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.
Section 31.10 Rehabilitation Program
Any employee who tests positive for a substance listed in Sections 31.5 and 31.6 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 31 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.
(P:Wnion*96conmpd) 29
Section 31.12 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 31.13 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.
Section 31.14 Consent for Sampling and Release of Information Form
CONSENT/RELEASE
Subject to my rights under Article 31 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 and not any other results of the test without my
written consent. The laboratory is 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.
(P:lunion*96conmpd) 30
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
ARTICLE 32 - ENTIRE AGREEMENT
Section 32.1 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.
Section 32.2 Waiver of Rights - Non-Bargained 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 not specifically
referred to or covered in this agreement.
Section 32.3 Savings Clause
The Union agrees that the City retains the right to re-open the agreement during the term
of the agreement in the event of amendment to the Fair Labor Standards Act (FLSA) of
implementation of or amendment to United States Department of Labor Regulations. It is
understood that the re-opening of the contract pertains only to amendments implemented
by law or regulations.
If any article of this agreement, or any addendum hereto, should be held invalid by
operation of law or by any 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
(P:lunion*96conmpd) 31
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 33- HEALTH AND PHYSICAL FITNESS FUND
Each employee shall contribute, through payroll deduction, one dollar ($1.00) per month
to the Kent Fire Department Health and Fitness Equipment Fund. The City shall provide
matching funds of two dollars ($2.00) per month per employee. The combined funds will
be used to purchase and maintain fitness equipment and materials to be placed in fire
stations.
A Fire Department Health and Fitness Committee consisting of three (3) members
appointed from the Union, and three (3) members appointed from the City shall meet to
establish guidelines for a quorum and guidelines and protocol for the purchase or
maintenance of all health and fitness equipment. The equipment purchased by such funds
shall be the property of the City.
ARTICLE 34 - PROMOTIONAL STANDARDS
Selection of candidates to be appointed to a promotional position within the bargaining unit
shall be from a certified register created from the testing process as established by Civil
Service Rules. The Chief shall select from the top three eligible candidates on the register
to fill each vacancy. If the Chief elects to pass over a higher-ranking candidate from
among the top three candidates, then, if requested, the Chief shall provide a written
statement to the passed-over candidate(s) stating, in general, the Chiefs reasons for not
choosing the higher-ranking candidate(s).
(P:lunion*96conmpd) 32
ARTICLE 35 - DURATION OF AGREEMENT
THIS AGREEMENT shall be in full force and effect from January 1, 1996 and shall
continue through December 31, 1998.
Signed this day of 1 1996.
CITY OF KENT KENT FIREFIGHTERS LOCAL 1747, IAFF
i
B9-jr�m*W
BY
' t
hite, Mayor Greg Markley, President
ATT BY
' Cit lerk Mike Moore, ecretary
i
Approved as Negotiated: Approved as Negotiated:
ell- �i
VZ4-A—
/Sue Viseth, Human Resource Director Ge'�T gimpFon Negotiator
Bob Loveless, Negotiator
Approved as to form:
Rogge Lubovich, ity Attorney
(PAunion*96con.wpd) 33
APPENDIX "A"
SECTION ONE - SALARY SCHEDULE
1996 Monthly Base Salary
Firefighter - Probationary (75%) $3,211.00
Firefighter - 3rd Class (84%) $3,596.00
Firefighter- 2nd Class (91.5%) $3,917.00
Firefighter - 1 st Class (100%) $4,281.00
Firefighter - 1st Class + 2% $4,367.00
Firefighter - 1st Class + 4% $4,452.00
Firefighter - 1 st Class + 4.5% $4,474.00
Firefighter - 1 st Class + 5% $4,495.00
Lieutenant (112%) $4,795.00
Lieutenant + 2% $4,891.00
Lieutenant + 4% $4,987.00
Lieutenant + 4.5% $5,011.00
Lieutenant + 5% $5,035.00
Battalion Chief (130%) $5,565.00
Battalion Chief + 2% $5,676.00
Battalion Chief + 4% $5,788.00
Battalion Chief + 4.5% $5,815.00
Battalion Chief + 5% $5,843.00
The above salary schedule represents a 3.2% increase over 1995 salary levels and was
calculated as 100% of Seattle/Tacoma CPI-W percent increase for the period 7/94 to 7/95
(3.2%).
Effective January 1, 1997, the above salaries shall be increased by 100% of the
Seattle/Tacoma CPI-W percent increase for the period 7/95 to 7/96.
Effective January 1, 1998, the 1997 salaries shall be increased by 100% of the
Seattle/Tacoma CPI-W percent increase for the period 7/96 to 7/97.
(P:\union\fr96con.wpd) 34
SECTION TWO - LONGEVITY - ELIGIBLE EMPLOYEES
Longevity pay shall be applied to the base salary rates, 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 - 4.5%
Completion of 20 years - 5%
SECTION THREE - SERVICE REQUIREMENTS
In order to be eligible for the longevity pay, employees must have met the consecutive
service requirements shown above. Longevity pay shall be included in the employee's
gross pay for each pay period following the completion of the required service above.
SECTION FOUR - PERCENTAGE RELATIONSHIPS
The following relationships between ranks based on first class firefighter are hereby
established for the duration of this labor agreement:
Firefighter-Probationary 75.0%
Firefighter-3rd Class 84.0%
Firefighter-2nd Class 91.5%
Firefighter-1st Class 100.0%
Lieutenant 112.0%
Battalion Chief 130.0%
SECTION FIVE - ASSIGNMENTS AND COMPENSATION
The following work assignments may be made by the Fire Department Administration.
Compensation shall be provided as follows and is reflected as a percentage of firefighter
first class pay. Such compensation will only be provided during periods of assignment.
Inspector "C" (1st 6 months) 100.0%
Inspector "B" (2nd 6 months) 103.0%
Inspector "A" (after 1 year) 106.0%
Public Educator/PIO 112.0%
Assistant Fire Marshal 115.0%
Fire and Arson Investigator 115.0%
(P:lunion*96con.wpd) 35
SECTION SIX - SPECIALTY PAY
Specialty pay shall be added to the base wage of bargaining unit personnel assigned by
the Fire Department administration to the de-fibrillation program and the Hazardous
Materials Response Team. Specialty pay shall not be cumulative.
Specialty Pay
De-fibrillation 1% of base monthly salary
Hazardous Materials Response Team 3% of base monthly salary
SECTION SEVEN - CLOTHING ALLOWANCE
Members of the bargaining unit who are normally assigned as Fire and Arson investigators
shall receive, in addition to their standard uniform issue, an annual clothing allowance of
$300.00.
SECTION EIGHT - STANDBY DUTY PAY
Employees formally placed on standby or on-call status, such as Fire Investigators, Duty
Battalion Chiefs, or PIO, shall be compensated for this stand-by time at a rate of$40.00
for each day of stand-by duty.
SECTION NINE - MATCHING DEFERRED COMPENSATION PLAN
All Employees--
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 a first class fire fighter's annual base pay.
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.
For example:
(P:lunion\fr96con.wpd) 36
If two percent (2%) of a first class fire fighter's base pay equals $960/year, this is divided
by twenty four (24) pay periods and the City's per pay period matching amount would be
$40.00. The employee's per pay period minimum contribution would be $20.00.
A. If employee contributes $20.00/pay period, City will match $40.00/pay period.
B. If employee contributes $50.00/pay period, City will match $40.00/pay period.
C. If employee contributes $10.00/pay period, City will match $0/pay period.
LEOFF II Employees Hired Prior to April 1. 1986--
In addition to its legal obligations to implement the provisions of the Federal Insurance
Contribution Act (FICA) to the extent applicable to employees hired after March 31, 1986
and covered under LEOFF II provisions, the City and the Union will jointly petition the
Social Security Administration on behalf of the LEOFF II employees hired prior to April 1,
1986 for their inclusion in the Old Age Security Insurance (OASI) program (commonly
known as Medicare ). If the employees are not participating in the OASI program by
January 1, 1997, the City will make additional matching contributions, at a rate of one for
one, to the City's deferred compensation plan, for the affected employees. The City will
pay the percentage equivalent, applied to eligible gross pay, of the FICA OASI tax, which
is 1.45% under current law, as its matching portion. In order to receive the match, eligible
employees must also contribute the employee's percentage equivalent of FICA OASI tax.
If, in the future, participation by the affected employees in the OASI program is obtained,
the City's additional matching contribution to the deferred compensation plan will cease.
(P:\union*96con.wpd) 37
APPENDIX "B"
The City shall be required to furnish the following clothing and equipment for each
employee covered under this contract:
WORK UNIFORMS DAY SHIFT DAY SHIFT SHIFT
PREVENTION OTHER
Shirts 5 5 4
Pants 5 5 4
Socks 6 pairs 6 pairs 6 pairs
Shoes 1 pair 1 pair 1 pair
Belt 1 1 1
Jacket 1 1 1
Nameplate (Plastic) 2 2 2
Sweater 1 1 1
DRESS UNIFORMS DAY SHIFT DAY SHIFT SHIFT
PREVENTION OTHER
Shirts 2 2 2
Pants 3 2 2
Blouse 1 1 1
Hat 1 1 1
Belt 1 1 1
Shoes 1 pair 1 pair 1 pair
Tie 1 1 1
Nameplate (Metal) 1 1 1
PROTECTIVE EQMT DAY SHIFT DAY SHIFT SHIFT
PREVENTION OTHER
Bunker pants 2 2 2
Bunker coat 2 2 2
Boots 1 pair 1 pair 1 pair
Helmet 1 1 1
Gloves 2 pairs 2 pairs 2 pairs
Flashlight 1 1 1
Knife 1 1 1
Suspenders 1 pair 1 pair 1 pair
Nomex Hood 2 2 2
Carrying Bag, Large 1 1 1
(P:lunion*96con.wpd) 38
Appendix "B", con't.
PROTECTIVE EQMT DAY SHIFT DAY SHIFT SHIFT
WILDLAND GEAR PREVENTION OTHER
Coat 1 1 1
Pants 1 1 1
Helmet 1 1 1
Protective Goggles 1 1 1
Gloves 1 pair 1 pair 1 pair
Carrying Bag, Small 1 1 1
MISC. EQUIPMENT DAY SHIFT DAY SHIFT SHIFT
PREVENTION OTHER
Badges--Breast 2 2 2
Badges--Cap 1 1 1
Collar Insignia-FF 1 set 1 set 1 set
Collar Insignia-LT 2 sets 2 sets 2 sets
Collar Insignia-BC 2 sets 2 sets 2 sets
T-shirts, dark blue 2 2 2
Sweat shirt, dark blue 1 1 1
Sweat pants, dark blue 1 pair 1 pair 1 pair
Athletic Shorts, light gray 1 pair 1 pair 1 pair
Bed Sheets 2 2 2
Pillow with case 1 ea. 1 ea. 1 ea.
In addition, at the employee's request, the City shall provide, on a biennial basis or less
often as needed, prescription eye glass 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.
(P:lunion*96conmpd) 39
APPENDIX "C"
The following were mutually agreed as comparable jurisdictions during the negotiation of
this Agreement.
BELLEVUE
EVERETT
KING COUNTY F. D. #39 (FEDERAL WAY)
RENTON
PIERCE COUNTY F. D. #2 (LAKEWOOD)
KIRKLAND
REDMOND
In addition to the seven jurisdictions above, the Union recognizes Tacoma as a comparable
jurisdiction and the City recognizes King County Fire District 10 as a comparable
jurisdiction.
(P:lunion*96con.wpd) 40
APPENDIX''D"
FIREFIGHTERS BARGAINING UNIT
MEMORANDUM OF UNDERSTANDING
Effective April 15, 1986, municipal government is required to
comply with the provisions of the Fair Labor Standards Act ("FLSA
or the "ACT") . The Act as amended in November, 1985, places
specific compensation and recordkeeping requirements upon
municipalities. The Department of Labor is responsible for
promulgating regulations and enforcing them to assure compliance
with the Act.
The City and Union have met and discussed the Act and its
implications for the labor agreement, as well as for City Policy,
job classification and recordkeeping requirements. The following
discussion addresses the contractual and legal obligations assumed
by the City and the bargaining unit in an effort to comply with the
Fair Labor Standards Act.
The Parties agree by signature to this Memorandum of Understanding
that the following point-by-point discussion addresses the
contractual obligations and legal requirements of the Act as
discussed above:
* Twenty-four hour shift personnel , including firefighters,
lieutenants, and battalion chiefs shall be assigned to a 27 day
work period under the Section 7-K exemption.
* Day shift personnel shall be assigned a 7 day work week,
beginning on Sunday at 12 : 01 a.m. and ending on Saturday at
midnight.
* The City shall honor the overtime provisions of the labor
agreement; PROVIDED, however, paid hours not worked, such as sick
leave, annual leave, Kelly days, etc. shall be excluded for
purposes of calculating overtime liability.
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* JATC-FLSA does not impact this program, including the
related training requirements of 144 hours per year.
* Miscellaneous training, i. e. volunteer training not
related to the employee ' s job, is not compensable under FLSA.
* Formal training for which an employee volunteers which is
conducted by outside institutions or agencies does not qualify for
overtime under FLSA.
* Community participation/charity - the City assumes no
liability under FLSA so long as it is a charity and/or Union
activity aimed at community service with or without the cooperation
of the City.
* EMS training - defibrillation training, off duty,
although a voluntary program in the City, is subject to the FLSA.
* Civil service testing - employees who participate in the
testing process, even though voluntary, are subject to the terms of
FLSA.
* Standby duty - employees on standby duty are not subject
to compensation under FLSA if they are free to do personal
activities while on standby, (using pager or available to be
reached by telephone) .
The points indicated above should not be considered to be all
inclusive when considering the implementation of the Fair Labor
Standards Act. However, -this Agreement is intended to represent
Parties ' understanding and agreement of the application of the Act
to the existing labor agreement. The Memorandum of Understanding
shall serve as a guide in the application of FLSA to the members of
the firefighters bargaining unit.
DAN KELLEHER, MAYOR /JOHN WILLITS, PRESIDENT
CITY OF KENT KENT FIREFIGHTERS, LOCAL 1747
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