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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. 9 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. 12 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 14 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. 15 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