HomeMy WebLinkAboutHR1994-0117 - Original - Kent Firefighters Local 1747, IAFF - 1994-1996 Assistant Chiefs Collective Bargaining Agreement COLLECTIVE BARGAINING AGREEMENT
between
CITY OF KENT
and
I.A.F.F. LOCAL 1747
representing
KENT FIRE DEPARTMENT ASSISTANT CHIEFS
January 1, 1994 through December 31, 1996
1 A:\FACONTR.WDP (Revised 12/l5/94)
TABLE OF CONTENTS
PREAMBLE 5
ARTICLE 1 RECOGNITION OF THE BARGAINING UNIT 5
ARTICLE 2 UNION MEMBERSHIP 5
Section 2.1 Non-Discrimination 5
Section 2.2 Membership Condition of Employment 5
Section 2.3 Contribution in Lieu of Dues 5
Section 2.4 Time Limit and Options 6
Section 2.5 Dues Deduction 6
Section 2.6 Non-Compliance 6
Section 2.7 Notification 6
ARTICLE 3 NON-DISCRIMINATION/AFFIRMATIVE ACTION 7
Section 3.1 Confirmation 7
ARTICLE 4 SALARIES 7
Section 4.1 Wages 7
Section 4.2 Longevity 7
ARTCLE 5 HOURS OF WORK 8
Section 5.1 Day Shift Scheduling 8
ARTICLE 6 EXECUTIVE LEAVE 8
ARTICLE 7 TEMPORARY DETAIL TO HIGHER POSITIONS 8
Section 7.1 Eligible Classification 8
ARTICLE 8 HOLIDAYS 8
Section 8.1 Duty Chief Duty on Holidays 8
ARTICLE 9 VACATION 8
Section 9.1 Vacation Accrual Rate 8
Section 9.2 Vacation/Seniority 9
Section 9.3 Requests and Priority for Vacation 9
Subsection 9.3.1 Requests 9
Subsection 9.3.2 Minimum Hours 9
Section 9.4 Maximum Accruals 9
Section 9.5 Vacation Accrual Carryover 10
2
ARTICLE 10 SENIORITY 10
Section 10.1 Seniority Defined 10
Section 10.2 Seniority Lists 10
Section 10.3 Lay-Offs 10
ARTICLE 11 INSURANCE BENEFITS 11
Section 11.1 Legal Requirements 11
Section 11.2 Employee Coverage 11
Subsection 11.2.1 LEOFF I Employee 11
Subsection 11.2.2 LEOFF II Employees 11
Section 11.3 Plans Offered 11
Section 11.4 Dependent Coverage 11
Section 11.5 Continuance of Dependent Medical 12
Section 11.6 Life Insurance 12
Section 11.7 Medical Examinations 12
Section 11.8 Health Reform Reopener 13
ARTICLE 12 BEREAVEMENT LEAVE 13
ARTICLE 13 REIMBURSEMENT OF EXPENSES 13
ARTICLE 14 MANAGEMENT RIGHTS 13
ARTICLE 15 DISCIPLINE 13
Section 15.1 Department Rules 13
Section 15.2 Disciplinary Measures 14
Section 15.3 Right of Privacy 14
ARTICLE 16 GRIEVANCE PROCEDURES 14
ARTICLE 17 ELECTION OF REMEDIES 15
ARTICLE 18 CONTRACT MODIFICATION 15
ARTICLE 19 SICK LEAVE 16
Section 19.1 Sick Leave Accrual 16
Section 19.2 Sick Leave Usage 16
Section 19.3 Approved Use of Sick Leave 16
Section 19.4 Light Duty Assignment 16
Section 19.5 Notice to Department 16
Section 19.6 Sick Leave LEOFF lI Employees on 16
Duty Injury Leave Provision
3
ARTICLE 20 MILITARY LEAVE 16
ARTICLE 21 LOCAL UNION BUSINESS 17
Section 2 1.1 Time Off 17
ARTICLE 22 UNIFORMS 17
Section 22.1 Uniforms Issued 17
Section 22.2 Damaged Uniforms/Work Clothes 17
ARTICLE 23 PERSONNEL FILES 17
ARTICLE 24 PERFORMANCE OF DUTY 18
ARTICLE 25 TAKE HOME VEHICLES 18
ARTICLE 26 SMOKE FREE WORK PLACE 18
ARTICLE 27 SUBSTANCE ABUSE POLICY 18
ARTICLE 28 ENTIRE AGREEMENT 18
ARTICLE 29 WAIVER OF RIGHTS - NON-BARGAINED ITEMS 18
ARTICLE 30 SAVINGS CLAUSE 19
ARTICLE 31 AVAILABILITY FOR DUTY CHIEF 19
ARTICLE 32 DURATION OF AGREEMENT 19
SIGNATURE PAGE 20
Appendix A 21
4
PREAMBLE
This agreement is entered into by and between the City of Kent (hereinafter referred to as the City)
and Kent Fire Fighters Local 1747 of the International Association of Fire Fighters (hereinafter
referred to as the Union).
It is the purpose of this document to set forth the entire agreement between the City and the Union
in regard to wages, hours and working conditions so as to promote efficient and uninterrupted
performance of fire department functions. It is also intended to provide recognition for the rights
and responsibilities of the City,Union and employees. Wherever the male or female gender is used
singularly in this agreement, it shall be construed to include both male and female employees.
ARTICLE 1 - RECOGNITION OF THE BARGAINING UNIT
The City recognizes the Union as the exclusive bargaining representative of all regular, full-time,
uniformed employees of the Kent Fire Department with the rank of Assistant Chief, excluding
confidential employees.
ARTICLE 2 -UNION MEMBERSHIP
Section 2.1 Non-Discrimination
The City and the Union agree that all employees covered hereunder shall be encouraged to become
and remain members in good standing of the Union,and the Union accepts its responsibility to fairly
represent all employees in the bargaining unit regardless of membership status. Neither party shall
discriminate against any employee on account of membership or non-membership in any labor union
or other employee organization.
Section 2.2 Membership Condition of Employment
It shall be a condition of employment that all employees covered by this agreement, who are now
members of the Union or voluntarily become members after the effective date of this agreement,
remain a member in good standing during the term of this agreement.
Section 2.3 Contribution in Lieu of Dues
Employees who are not members of the Union on the effective date of this agreement shall become
a member of the Union within thirty (30) days of their hire-in-date, or in lieu thereof, pay an
initiation fee plus a monthly service charge equivalent to the regular union dues. Such service
charge shall be made to the Union monthly as a contribution toward 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.
5
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:
l. Become a member of the Union.
2. Pay an initiation fee, plus a monthly service charge to the Union in lieu of union dues.
3. Pay an amount equivalent to regular union dues and initiation fee to a non-religious charity
mutually agreed upon by the Union and the employee. This provision shall only apply in cases
where the employee is prohibited or discouraged from becoming a union member by bona fide
personal religious tenets, or by teachings of the religious body of which the employee is a
member. Proof of payment shall be furnished to the Union for all charity payments.
Section 2.5 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 the Union. No funds collected by the
Union under this provision shall be used for the support of political activities in the City of Kent.
The Union agrees to indemnify and hold the City harmless against any and all claims, suits, orders,
or judgments brought or issued against the City as a result of any action taken by the City under the
provisions of this Article. The City will remain responsible for its own errors in the administration
of this article.
Section 2.6 Non-Compliance
The Union agrees that the City shall not terminate any employee for non-compliance of 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 payments 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 or decide on
action to be taken to secure compliance, or in the event of intentional non-compliance, determine
the termination date for the employee who willfully refused to comply.
Section 2.7 Notification
The City agrees to notify the Union of new hires, personnel status changes or termination for
employees covered by this agreement within a reasonable period of time.
6
ARTICLE 3 - NON-DISCRIMINATION/AFFIRMATIVE ACTION
Section 3.1 Confirmation
The City and the Union shall not discriminate against employees on the basis of membership in the
Union, race, religion, creed, color, national origin, sex, age, or the presence of physical, mental or
sensory disabilities, unless it is a bona fide occupational requirement or qualification.
ARTICLE 4 - SALARIES
Section 4.1 Wages
Effective January 1, 1994,monthly salaries shall be increased by five and one-half percent(5.5%),
resulting in a monthly salary of$5203.
Effective October 1, 1994,the monthly compensation(salaries and longevity pay) shall be increased
to equal ninety five percent(95%)of the average top step monthly compensation(salaries, top step
longevity and educational incentive pay for AA degree) for like positions in the following
comparable jurisdictions: Auburn, Bellevue, Everett, Federal Way (King County Fire Protection
District 39), Olympia, Renton and Tukwila. During joint City/Union teleconferencing with the
seven comparators, this average monthly compensation was determined to be $5884., as of
September 15, 1994. This results in a monthly compensation of$5590., split as $5375. monthly
salary plus a four percent(4%) longevity pay of$215.
Effective April 1, 1995,the monthly compensation shall be raised to equal ninety seven and one-half
percent (97 1/2%) of the average top step monthly compensation for like positions of the seven
comparators in effect on March 1, 1995. The average monthly compensation for the seven
comparators shall be determined and computed in a like manner as outlined above, and shall remain
in effect through the remainder of 1995.
Effective April 1, 1996, the monthly compensation shall be raised to equal one hundred percent
(100%) of the average top step monthly compensation for like positions of the seven comparators
in effect on March 1, 1996. The average monthly compensation for the seven comparators shall be
determined and computed in a like manner as outlined above, and shall remain in effect through the
remainder of 1996.
Section 4.2 Longevity
Longevity pay shall be applied to the base salary rate, on a monthly basis, for employees who have
completed the following continuous service requirements:
Completion of 5 years 2%
Completion of 10 years 4%
7
ARTICLE 5 -HOURS OF WORK
Section 5.1 Day Shift Scheduling
Employees covered by this agreement may work one of the following schedules: Ten(10)hours per
day, four (4) consecutive days per week, exclusive of lunch periods; five (5) day, forty (40) hour
week; or nine (9)hours per day for five (5) days, followed by two (2) days off,then nine (9) hours
per day for four (4) days, followed by three (3) days off. The determination of which schedule an
employee will work shall be made by the Fire Chief, considering workloads, weather conditions,
daylight hours, commuting, etc. The affected employee, and the Union shall be notified fourteen
(14) calendar days in advance of such schedule changes.
ARTICLE 6 -EXECUTIVE LEAVE
It is recognized that employees will be required to spend additional time over and above their regular
work week engaged in activities for the City. Since the employees do not receive FLSA overtime,
the parties agree that each member of the bargaining unit shall receive 24 hours of executive leave
time each year in lieu of overtime/standby pay.
ARTICLE 7 - TEMPORARY DETAIL TO HIGHER POSITIONS
Section 7.1 Eligible Classification
An Employee covered under this agreement, who is detailed by the Fire Chief or designee, or the
City,to temporarily fill the position of Fire Chief for a period of ten (10) consecutive working days
or more, shall be paid at the rate for that position. Pay shall commence from time of detail to higher
position.
ARTICLE 8 - HOLIDAYS
Section 8.1 Duty Chief Duty on Holidays
In the event an employee covered under this agreement is assigned the role of"Duty Chief' during
an "observed city holiday," that employee shall be granted four(4)hours of additional annual leave.
ARTICLE 9 -VACATION
Section 9.1 Vacation Accrual Rate
Vacation accrual rates for assistant chiefs shall be as follows:
8
Employee Earns Employee Earns
Year of Service Per Month Per Year
1 st - 4th 8 hours 12 days
5th - 9th 10 hours 15 days
IOth- 19th 11.33 hours 17 days
20th-thereafter 14.66 hours 22 days
Section 9.2 Vacation/Seniority
Employees shall work together and with the Chief to coordinate their vacation choices so as to
minimize the impact on the City and other members of the bargaining unit. Vacation requests must
be approved by the Fire Chief.
Section 9.3 Requests .and Priority for Vacation
Subsection 9.3.1 Requests
All requests for vacation will be made at least eight(8)hours prior to the beginning of the time for
which leave is requested. Exceptions may be granted where necessary.
Subsection 9.3.2 Minimum Hours
The minimum number of hours allowed to be taken on vacation or executive leave shall be two (2).
Section 9.4 Maximum Accruals
Maximum accruals for vacation leave(a.k.a. annual leave) shall be as follows:
1 st- 4th year of employment 206 hours
5th - 9th year of employment 227 hours
IOth- 19th year of employment 235 hours
20th year and beyond 258 hours
At the employee's option, accrued leave may be converted to cash at termination of employment or
taken as post termination vacation. The City shall limit payment of leave balance to a maximum of
two hundred forty (240) hours. Hours accrued in excess of the two hundred forty (240) hour limit
shall be taken as vacation. The balance may be paid in cash.
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Section 9 5 Vacation Accrual Carryover
It shall be the employee's responsibility to insure that accrued vacation hours stay below the
maximum accruals set forth in Section 9.4; provided, employees may exceed maximum accruals
during a calendar year, but shall be at/or below the maximum accruals as of January 1 of the
following year.
To this end,the City shall schedule vacation leave so that it results in the maximum opportunity for
the employee to utilize vacation time off with pay in order that the employee may stay below the
maximum. Accruals will be reviewed on December 31 of each year.
This shall not prohibit the carryover of vacation leave beyond the maximum on an exceptional basis
for the purposes of extended travel or extenuating circumstances at the request of the employee and
written authorization of fire administration. Each request shall be reviewed on a case-by-case basis
and shall not serve as a precedent for subsequent requests.
ARTICLE 10 - SENIORITY
Section 10.1 Seniority Defined
Seniority shall be the length of continuous service as a full-time employee in the Kent Fire
Department. Length of continuous service shall not be reduced by time loss due to sick or injury
leave. Authorized leaves of absence shall not be considered a break in continuous service.
Section 10.2 Seniority Lists
Seniority lists shall be kept current and shall be available in the work areas of those employees
covered by this agreement. Employees having the same length of continuous service will be placed
on the seniority lists in the order that their names appeared on the Civil Service eligibility lists.
Section 10.3 Lay-Offs
It is the inherent right of the City to determine if and when it is in the best interest of the City to lay-
off or reduce in force. In the event the City chooses to do so, employees shall be laid off in inverse
order to their length of service to the City. Should a lay-off be severe enough to require demotions
in the higher ranks, employees shall be demoted in inverse order to their attaining that rank.
Demoted employees shall be demoted to the rank that they held immediately prior to the promotion.
A separate list of laid off personnel shall be kept in order of seniority for future hiring. When
authorization is given to fill a position,the personnel on the laid off list shall have precedence over
any applicable Civil Service Entry List. If a person is offered a position 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.
10 (Revised 12/21/94)
Similar lists shall remain in effect for demotions in affected classes as a result of layoffs. These lists
shall be administered, (e.g. life of list, removal of names), the same as the layoff list with the most
senior to the promoted class being promoted first. These lists shall take precedence over new Civil
Service candidate promotional lists.
ARTICLE 11 -INSURANCE BENEFITS
Section 11.1 Legal Requirements
The City shall provide medical coverage of LEOFF employees as required by law.
Section 11.2 Employee Coverage
Subsection 11.2.1 LEOFF I Employees
Eligible employees shall receive a fully paid health and accident and medical plan underwritten by
a health care insurance provider who is a recognized carrier or comparable underwriter. The
premium for the employee shall be paid in full by the City.
Subsection 11.2.2 LEOFF II Employees
Eligible employees shall have the option of selecting between health care plans offered by the City
and shall be governed by the provisions of City policy with respect to plan operation. The premium
for the employee shall be paid in full by the City.
Section 11.3 Plans Offered
Employees shall have the option of choosing the City's Enhanced Prudent Buyer Plan, the
Traditional Plan or the Group Health Plan.
Section 11.4 Dependent Coverage
Eligible employees shall have dependent coverage available. Employees shall have the option to
insure dependents under alternative plans offered, subject to the terms and conditions imposed by
the carrier. Employees shall pay the following amounts for dependent coverage:
New Enhanced Prudent Buyer(PPO) Plan:
Employee Only .00/mo.
Employee/Spouse 15.00/mo.
Employee/Child(ren) 10.00/mo.
Employee Family 25.00/mo.
11 (Revised 12/21/94)
v�
Traditional Plan:
Employee Only .00/1110.
Employee/Spouse 5 8.00/mo.
Employee/Child(ren) 46.00/mo.
Employee Family 115.00/mo.
Group Health Plan:
Employee Only .00/mo.
Employee/Spouse 34.00/mo.
Employee/Child(ren) 21.00/mo.
Employee Family 80.00/mo.
Section 11.5 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 11.6 Life Insurance
The City shall pay the entire premium of double indemnity group life coverage for each eligible
member of the bargaining unit. The amount of coverage will be equal to the employee's annual base
salary, up to a maximum of$50,000. per employee.
Section 11.7 Medical Examinations
The Department's adopted health maintenance program or a modification thereof includes a physical
fitness program as well as a program of regularly scheduled medical evaluations based on the risk
level of employees. The program shall allow members of the bargaining unit to request a medical
evaluation by the Department physician if in their opinion the need arises. Upon request, the
Department physician shall perform an examination reasonable and appropriate for the condition
causing the request.
The results of this examination shall be kept confidential by the physician, the Fire Chief or
designee, and the Human Resources Director or Human Resources staff. Prior to notifying the Fire
Department of the results of the examination and any tests conducted,the employee shall be notified
of the same in a timely manner, unless in the physician's opinion, immediate notification of the
Department is necessary. Subject to federal and state laws, no information shall be released to any
other party without prior written permission by the employee, for each requested release of
information. The Department shall also be bound by these privacy provisions. The physician shall
only be allowed to provide to the Department information which relates to the employee's medical
fitness for duty according to the adopted medical standards of the Department.
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Section 11 8 Health Reform Reopener
The City or Union may reopen this Agreement to the extent necessary to ensure compliance with
federal or state health care reform. No other sections of the Agreement are subject to being reopened
at that time without the mutual consent of the parties.
ARTICLE 12 - BEREAVEMENT LEAVE
Bereavement leave shall be granted in accordance with City policy. Employees notified of death
while on duty shall be immediately excused from work for the balance of the day.
ARTICLE 13 - REIMBURSEMENT OF EXPENSES
The City shall reimburse employees for all previously approved expenses incurred for department-
related business.
ARTICLE 14 - MANAGEMENT RIGHTS
Any and all rights concerned with the management and operation of the Fire Department are
exclusively that of the City unless otherwise provided by the terms of this agreement. The City
retains the authority to adopt rules for the operation of the Department and conduct of its employees
while on duty,provided such rules are not in conflict with the provisions of this agreement or with
applicable laws. The City retains the right, among other actions,to discipline, suspend, or discharge
employees for cause,to schedule hours of work,to determine the number of personnel to be assigned
duty at any time, and to perform all other actions and functions not otherwise specifically and
expressly limited by this agreement.
It is further recognized that the City's fire command group works together closely, and that this
results in the frequent exchange and sharing of tasks between the Assistant Chiefs and others in the
Fire Department management group. The Fire Department management group shall consist of the
Fire Chief, Assistant Chiefs and Battalion Chiefs. The parties agree that this sharing of tasks and
responsibilities is beneficial, and that the City fire command group may continue to operate in this
fashion.
ARTICLE 15 -DISCIPLINE
Section 15.1 Department Rules
The City retains the right to adopt rules for the operation of the Kent Fire Department and the
conduct of its employees, while on duty.
13
Section 15.2 Disciplinary Measures
The parties agree that discipline is a function vested with the Chief of the Fire Department. In the
event there is a reason to cause disciplinary action against any employee,the charges in writing shall
be sent to the employee involved.
Section 15.3 Right of Privacy
Subject to federal and state law, no information regarding any disciplinary action shall be released
to anyone except the City,or the Union grievance committee,unless mutually agreed upon in writing
by the employee and the Fire Chief. The employee shall have the right and responsibility to advise
the Union when the employee has been subject to disciplinary action.
ARTICLE 16 - GRIEVANCE PROCEDURES
Grievance is hereby defined as the question or challenge raised by an employee or the Union as to
the correct interpretation or application of this agreement by the City. No action by the City shall
be considered cause for grievance unless it is specifically alleged that such action represents an
incorrect application of the terms of this agreement or rights allowed by law. For purposes of this
Article,working days shall be defined as Monday through Friday, exclusive of holidays. Grievance
shall be resolved in the following manner.
Step 1 All grievances shall be reduced to writing and submitted to the Fire Chief by the appropriate
union representative within fifteen(15) working days of the occurrence giving rise to such
grievance.
The written grievance shall include a statement as to the Article(s), Section(s), of the
agreement allegedly violated, facts giving rise to the grievance and remedy sought. In the
event Article 25 (Retention of Benefits) is cited in the written grievance, then the written
grievance (to the extent possible) shall include further information as to the timetable and
circumstance(s) under which such benefit(s) became of generally prevailing nature for all
employees of the bargaining unit. The parties agree that every effort shall be made to
resolve all grievances at this level.
Step 2 Grievances not settled within ten(10) working days shall be submitted to the Mayor or his
designee, or at the Mayor's discretion to the City Council, for review. A written decision
shall be rendered within fifteen (15) working days from the date the grievance was first
received by the Mayor. Copies of the decision shall be furnished to the employee and his
representative.
Step 3 If no satisfactory decision has been reached in Step 2,this grievance may within forty five
(45) calendar days then be filed for submission to arbitration. The arbitrator shall be a
member of the American Arbitration Association,mutually selected. The fees and expenses
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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 interpretation of the facts of the grievance presented.
The award and/or findings by the arbitrator shall be binding upon all parties concerned.
By mutual agreement the parties may elect to establish an arbitration board which shall consist of
a representative of the Union, a representative of the City and a member of the American Arbitration
Association, mutually selected by the Union and the City. The fees and expenses of the arbitrator
shall be equally divided between the City and the Union; provided, however,that each party shall
be responsible for compensating its own witnesses. The Board's decision shall be based solely upon
its interpretation of the meaning or application of the express terms of this agreement to the facts of
the grievance presented. The award and/or finding by the Board shall be binding on all parties
concerned.
ARTICLE 17 - ELECTION OF REMEDIES
The election of remedies provision is intended solely for the purpose of providing the parties a
procedure for addressing disciplinary action(Article 15)or grievances (Article 16). It is specifically
and expressly understood and agreed that taking a grievance appeal to arbitration constitutes an
election of remedies and a waiver of any and all rights by the appealing employee,the Union, and
all persons it represents to litigate or otherwise contest the appealed subject manner in any 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 the separate points of violation. Nothing herein shall limit
the right of the employee and/or union from pursuing the violations in the forum deemed appropriate
for each violation.
ARTICLE 18 - CONTRACT MODIFICATION
Either the Union representatives or the City representatives may initiate discussion of any subject
of a general nature affecting the operation of the Department or its employees. However, at any
session which involves the interpretation or application of the terms of this agreement, or any
contemplated modifications thereof,no such terms or changes shall be made without the review and
approval of the Human Resources Director nor shall such terms or changes be made without review
and approval of the Union. Nothing in the section shall be construed to limit,restrict, or reduce the
management prerogatives outlined in this agreement. The provisions of this section may only be
used by mutual agreement of the City and the Union.
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ARTICLE 19 - SICK LEAVE
Section 19.1 Sick Leave Accrual
Those employees covered by this agreement shall accrue eight (8) hours of sick leave per month.
Section 19.2 Sick Leave Usage
Nothing herein will undermine the City's right to request a doctor's authorization for leave of less
than three(3)consecutive days,when a pattern of sick leave usage adverse to the interests of the City
develops.
Section 19.3 Approved Use of Sick Leave
Approved use of sick leave accruals shall be in accordance with city policy in effect at the signing
of this agreement. Whenever a person takes three (3) consecutive days off, a doctor's authorization
may be required. However, the LEOFF I exclusions shall not apply to LEOFF II members.
Section 19.4 Light Du1y Assignment
LEOFF II employees who are disabled may be assigned to limited duty by the City when it is
determined that an employee can perform productive work for the City.
Section 19.5 Notice to Department
Whenever an employee takes sick leave,the employee will give the Fire Department at least one (1)
hour notice prior to the start of their scheduled work period, and in accordance with the Fire
Department policy.
Section 19.6 Sick Leave LEOFF II Employees on Duty Injury Leave Provision
Employees injured on duty and qualified for workers' compensation shall have their base salary
maintained for a period not to exceed six months. This shall be accomplished through a combination
of workers' compensation time loss payment and the balance supplemented by the City. Such
supplement shall not be charged against the employee's sick leave accrual. During the qualified
disability, employees shall continue to accrue regular sick leave and annual leave credits. Further,
during such disability the City shall continue to contribute at its pre-disability level toward the
employee's and dependents' medical/life insurance program.
ARTICLE 20 -MILITARY LEAVE
The City policy on military leave of absence, dated February 1, 1991, shall prevail on members of
the bargaining unit for the duration of this agreement, with the following point of clarification.
16
The City and the Union agree that any employee of the bargaining unit who is a member of the
Washington National Guard or any federal military reserve unit shall be granted military leave of
absence from their duties with the City to perform any and all officially ordered military duties, for
a combined period of time in any calendar year not to exceed fifteen (15) work periods (15 work
days). Also, by this agreement, no additional "contract" between the City and the employee shall
be required as outlined in paragraph No. 2 of the policy, and the provisions of this paragraph shall
apply to all bargaining unit members.
ARTICLE 21 -LOCAL UNION BUSINESS
Section 21.1 Time Off
Employees who are Union officials or designated representatives shall be granted time off without
suffering loss of pay for processing grievances through the third step of the grievance process as
outlined in Article 16. In addition, time off for attending negotiation sessions with the City will be
allowed.
ARTICLE 22 -UNIFORMS
Section 22.1 Uniforms Issued
The City shall require, furnish, and provide other-than-normal maintenance of the clothing and
equipment shown in Appendix A for each employee covered by this agreement. The employee shall
provide for all normal maintenance and cleaning in accordance with manufacturer's directions.
Section 22.2 Damaged Uniforms/Work Clothes Reimbursement
Employees shall receive in addition to their standard uniform issue, an annual reimbursement of up
to $300 for expenses incurred to repair or replace damaged work clothing.
ARTICLE 23 -PERSONNEL FILES
Personnel files maintained by the Fire Department and the City are the property of the City. Subject
to federal and state law, the City agrees that the contents of the personnel files shall be kept
confidential and shall restrict the use of any information in the files to the internal use of the Fire
Department and the City, for the management of the Department and its employees. The Mayor and
City Operations Director shall have the right to review all personnel files of the members of the
bargaining unit, and in such cases written notification shall be given to the affected employee. The
personnel records held by the Civil Service Commission will not be subject to this proviso. Subject
to federal and state law, it is further agreed that information obtained from personnel files shall be
kept confidential, and the employee shall be advised of any other release of information contained
in these files as a result of any due process or legal proceedings. Nothing in this section shall
prevent an employee from viewing any of their personnel or medical files in their entirety. Such
17
review shall be conducted in the presence of the Chief or his designee, or the Human Resources
Director or staff, if such review is of human resource files. Materials, documents, or records will
not be removed from an employee's files by the employee. Duplication of materials in the folder
shall be done only by the Fire Chief, Human Resources Director, or their staff designees.
ARTICLE 24 - PERFORMANCE OF DUTY
Nothing in this agreement shall be construed to give an employee the right to strike and no employee
shall strike or refuse their assigned duties to the best of their ability during the term of this
agreement. The Union agrees that it will not condone or cause any strike, slowdown, mass sick call,
or any other form of work stoppage or interference to normal operation of the Kent Fire Department
during the term of this agreement.
ARTICLE 25 - TAKE HOME VEHICLES
Take home vehicles shall be assigned by the Fire Chief based on operational needs of the Fire
Department.
ARTICLE 26 - SMOKE FREE WORK PLACE
In the event a smoke free policy is adopted by the City during the term of this agreement,the City
is willing to offer the members in the bargaining unit an opportunity to take advantage of smoking
cessation classes, at the City's expense, before implementation of a smoke free work place policy.
Such classes will be scheduled in such a manner as to allow employees to attend the full class
schedule on their personal time.
ARTICLE 27 - SUBSTANCE ABUSE POLICY
During the term of this agreement, any substance abuse policy agreed to by the fire fighters
bargaining unit will be applied to, and become a part of, this agreement.
ARTICLE 28 - 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.
ARTICLE 29 -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 specifically referred to or covered in this agreement.
18 (Revised 12/21/94)
ARTICLE 30 - SAVINGS CLAUSE
The Union agrees that the City retains the right to reopen the agreement during the term of the
agreement in the event of amendment to the Fair Labor Standards Act, or implementation of, or
amendment to, the United States Department of Labor regulations. It is understood that the
reopening of the contract pertains only to amendments implemented by law or regulations. It is
understood that this agreement shall be interpreted and applied in a manner which will ensure,to the
fullest extent possible, the continued exempt status of the Assistant Chiefs.
If any article of this agreement, or any addendum hereto, should be held invalid by operation of law
or by tribunal of competent jurisdiction, or if compliance with or enforcement of any article should
be restrained by such tribunal of competent jurisdiction, the remainder the this agreement and
addendum shall not be affected thereby, and the parties shall enter into immediate collective
bargaining negotiations unless it is mutually agreed to wait until the next regular negotiations session
for the purpose of arriving at a mutually satisfying replacement of such article.
ARTICLE 31 - AVAILABILITY FOR DUTY CHIEF
All bargaining unit members must live within a thirty-five(35)minute radius of the Fire Department
boundaries(exclusive of peak commute time and middle of the night)in order to be readily available
for Duty Chief responsibilities. Exceptions will be made where the Assistant Chief can establish,
to the Chief s satisfaction, an alternative manner of satisfying his/her Duty Chief responsibilities.
ARTICLE 32 -DURATION OF AGREEMENT
This agreement shall be in full force and in effect from January 1, 1994 and shall continue through
December 31, 1996.
19
� C� 't � ,
Signed this day of 1994.
CITY OF KENT KENT ASSISTANT FIRE CHIEFS LOCAL
1747, LA.F.F.
By By
��4
,Jl* White, Mayor ohn Willits, President
&LZ-2--�
Attest By
Michael Moore, Secretary
Approved as Negotiated: Approved as Negotiated:
� G
Sue Viseth, Human Resources Director Je Aldridge,Negotiator
Bob Loveless,Negotiator
O
FPhilNegotiator
Approved to as Form:
Rog r Lubo ich, City Attorney
20
APPENDIX A
The City shall be required to furnish the following clothing and equipment for each employee covered under
this agreement.
Work Uniforms
Shirts 5
Pants 5
Socks 6 pairs
Shoes 1 pair
Belt I
Jacket I
Name Plate(Plastic) I
Dress Uniforms
Shirts 2
Pants 3
Blouse I
Hat I
Belt I
Shoes l pair
Tie I
Name Plate(Metal) I
Protective Equipment
Bunker Pants 2
Bunker Coat 2
Boots 2 pairs
Helmet 2
Gloves 2 pairs
Flashlight I
Knife I
Nomex Hood 2
Carrying Bag I
Wildland Protective Equipment
Coat I
Pants I
Helmet I
Protective Goggles I
Gloves 1 pair
Carrying Bag I
Miscellaneous Equipment
Badges--Breast 2
Badges--Cap 1
Collar Insignia 2
21