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HomeMy WebLinkAboutHR1990-0112 - Original - Kent Firefighters Local 1747, IAFF - 1990-1992 Collective Bargaining Agreement COLLECTIVE BARGAINING AGREEMENT BETWEEN KENT FIREFIGHTERS LOCAL 1747, IAFF AND CITY OF KENT, WASHINGTON 1990 TO 1992 TABLE OF CONTENTS PREAMBLE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE 1 - RECOGNITION OF THE BARGAINING UNIT . . . . . . . . . . . . . . . . 1 ARTICLE 2 - UNION MEMBERSHIP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Section 2.1 Non-Discrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Section 2.6 Non-Compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Section 2.7 Notification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE 3 - NON-DISCRIMINATION/AFFIRMATIVE ACTION . . . . . . . . . . . . . 4 Section 3.1 Confirmation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE 4 - SALARIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE 5 - EMERGENCY MEDICAL CERTIFICATION . . . . . . . . . . . . . . . . . . 4 Section 5.1 Emergency Medical Technician - Basic . . . . . . . . . . . . . . . . . . . 4 Section 5.2 Emergency Medical Technician - Defibrillation . . . . . . . . . . . . . . 5 ARTICLE 6 - HOURS OF WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Section 6.1 Shift Employees/Detroit Schedule . . . . . . . . . . . . . . . . . . . . . . 5 Section 6.2 Shift and Day Shift Defined . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Section 6.3 Kelly Days - Average Work Week . . . . . . . . . . . . . . . . . . . . . . 6 Section 6.4 Day Shift Scheduling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 i Subsection 6.4.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Section 6.5 Scheduling of Recruits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 ARTICLE 7 - OVERTIME PAY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Section 7.1 Overtime Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Section 7.2 Call Back . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Section 7.3 Compensatory Time Off(Comp Time) . . . . . . . . . . . . . . . . . . . 8 ARTICLE 8 - FAIR LABOR STANDARDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE 9 - TEMPORARY DETAIL TO HIGHER POSITION . . . . . . . . . . . . . . . 8 Section 9.1 Eligible Classification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Section 9.2 Assignment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE 10 - HOLIDAYS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Section 10.1 Holidays - Shift Employees . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Section 10.2 Overtime on Holidays - Proclaimed . . . . . . . . . . . . . . . . . . . . . 9 Section 10.3 Holidays - Day Shift Employees . . . . . . . . . . . . . . . . . . . . . . . 9 Section 10.4 - Emergency Closures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 r ARTICLEII - VACATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Section 11.1 Vacation Accrual Rate - Shift Employees . . . . . . . . . . . . . . . . . 9 Section 11.2 Vacation Accrual Rate - Day Shift Employees . . . . . . . . . . . . . . 10 Section 11.3 Vacation/Seniority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Subsection 11.3.1 Shift Employees . . . . . . . . . . . . . . . . . . . . . . . . . 10 Subsection 11.3.2 Day Shift Employees . . . . . . . . . . . . . . . . . . . . . . 11 Section 11.4 Requests and Priority for Vacation . . . . . . . . . . . . . . . . . . . . . 11 Subsection 11.4.1 Requests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Subsection 11.4.2 Minimum Hours . . . . . . . . . . . . . . . . . . . . . . . . 11 ii Subsection 11.4.3 Priority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Section 11.5 Maximum Accruals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Section 11.6 Vacation Accrual Carryover . . . . . . . . . . . . . . . . . . . . . . . . . 12 Section 11.7 Conversion of Hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 ARTICLE 12 - SENIORITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Section 12.1 Seniority Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Section 12.2 Lists . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Section 12.3 Lay-Offs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 ARTICLE 13 - INSURANCE BENEFITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Section 13.1 Legal Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Section 13.2 Employee Coverage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Subsection 13.2.1 LEOFF I Employees . . . . . . . . . . . . . . . . . . . . . . 14 Subsection 13.2.2 LEOFF II Employees . . . . . . . . . . . . . . . . . . . . . 15 Section 13.3 Plans Offered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Section 13.4 Dependent Coverage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Section 13.5 Future Dependent Medical Cost Increases . . . . . . . . . . . . . . . . . 16 Section 13.6 Continuance of Dependent Medical . . . . . . . . . . . . . . . . . . . . . 16 Section 13.7 Life Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Section 13.8 Medical Examinations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 ARTICLE 14 - DEATH IN FAMILY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Section 14.1 Bereavement Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 ARTICLE 15 - REIMBURSEMENT OF EXPENSES . . . . . . . . . . . . . . . . . . . . . . . 18 Section 15.1 Reimbursement of Expenses . . . . . . . . . . . . . . . . . . . . . . . . . 18 ARTICLE 16 - MANAGEMENT RIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 iii ARTICLE 17 - DISCIPLINE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Section 17.1 Departmental Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Section 17.2 Disciplinary Measures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Section 17.3 Right of Privacy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 ARTICLE 18 - GRIEVANCE PROCEDURES . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 ARTICLE 19 - ELECTION OF REMEDIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 ARTICLE 20 - CONFERENCE BOARD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Section 20.1 Mutual Concern . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Section 20.2 Contract Modification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 ARTICLE 21 - SICK LEAVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Section 21.1 Employees Hired Prior to 10/1/77 - LEOFF I . . . . . . . . . . . . . . 23 Subsection 21.1.1 Shift Employee . . . . . . . . . . . . . . . . . . . . . . . . . 23 Subsection 21.1.2 Day Shift Employee . . . . . . . . . . . . . . . . . . . . . . 23 Subsection 21.1.3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Section 21.2 Employees Hired On or After 10/1/77 - LEOFF II . . . . . . . . . . . 23 Subsection 21.2.1 Shift Employee . . . . . . . . . . . . . . . . . . . . . . . . . 23 Subsection 21.2.2 Day Shift Employee . . . . . . . . . . . . . . . . . . . . . . 24 Subsection 21.2.3 Maximum Accumulation of Sick Leave . . . . . . . . . . 24 Subsection 21.2.4 Approved Use of Sick Leave . . . . . . . . . . . . . . . . . 24 Section 21.3 Transfer from Shift to Day Shift . . . . . . . . . . . . . . . . . . . . . . 24 Subsection 21.3.1 LEOFF I Employees . . . . . . . . . . . . . . . . . . . . . . 24 Subsection 21.3.2 LEOFF II Employees . . . . . . . . . . . . . . . . . . . . . 25 Section 21.4 Light Duty Assignment . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Section 21.5 Notice to Department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 iv Section 21.6 Sick Leave, LEOFF II Employees, ON-Duty Injury Leave Provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 ARTICLE 22 - LOCAL UNION BUSINESS . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Section 22.1 Time Off . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Section 22.2 Union Meetings on Premises . . . . . . . . . . . . . . . . . . . . . . . . . 26 Section 22.3 Union Work Replacement . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 ARTICLE 23 - PERFORMANCE OF DUTY . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 ARTICLE 24 - RETENTION OF BENEFITS . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Section 24.1 Retention of Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 ARTICLE 25 - UNIFORMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 ARTICLE 26 - PERSONNEL FILES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 ARTICLE 27 - SMOKE FREE WORK PLACE . . . . . . . . . . . . . . . . . . . . . . . . . . 29 ARTICLE 28 - SUBSTANCE ABUSE POLICY . . . . . . . . . . . . . . . . . . . . . . . . . . 29 ARTICLE 29 - ENTIRE AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Section 29.1 - Entire Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Section 29.2 Waiver of Rights - Non-Bargained Items . . . . . . . . . . . . . . . . . 30 Section 29.3 - Savings Clause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 ARTICLE 30 - DURATION OF AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . 31 APPENDIX "A,' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 v SECTION ONE - SALARY SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 32 SECTION TWO - LONGEVITY - ELIGIBLE EMPLOYEES . . . . . . . . . . . . . 33 SECTION THREE - SERVICE REQUIREMENTS . . . . . . . . . . . . . . . . . . . . 33 SECTION FOUR - PERCENTAGE RELATIONSHIPS . . . . . . . . . . . . . . . . . 34 SECTION FIVE - ASSIGNMENTS AND COMPENSATION . . . . . . . . . . . . . 34 SECTION SIX - SPECIALTY PAY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 SECTION SEVEN - CLOTHING ALLOWANCE . . . . . . . . . . . . . . . . . . . . 35 SECTION EIGHT - STANDBY DUTY PAY . . . . . . . . . . . . . . . . . . . . . . . 35 APPENDIX "B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 APPENDIX "C" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 vi 1990 TO 1992 AGREEMENT BY AND BETWEEN CITY OF KENT AND KENT FIREFIGHTERS UNION LOCAL NO. 1747 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 and include and/or exclude the appropriate positions and that neither party waives its right by executing this agreement. 1 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 nonmembership 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. 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 2. Pay an initiation fee, plus a monthly service charge to the Union equivalent to the regular Union dues in lieu of Union dues. 3. Pay an amount equivalent to regular Union dues and initiation fee to a nonreligious charity mutually agreed upon by the Union and the employee. This provision shall only apply in cases where the employee is prohibited or discouraged from becoming a Union member by bona fide personal religious tenants, 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 charge 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. 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 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 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. 3 Section 2.7 Notification The City agrees to notify the Union of new hires, personnel status changes or terminations for employees covered by this agreement within a reasonable period of time. 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 handicap. ARTICLE 4 - SALARIES The City agrees to maintain salaries in accordance with 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 certified as EMT's shall maintain certification as First Responders. 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 recertification shall be scheduled by Fire Administration. 4 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 of 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) . 5 Section 6.3 Kelly Days - 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 X 365 Days a Year = 8,760 Hours per Year Divided into 3 Shifts = 2,920 Hours per Shift per Year 365 Days per Year _ 7 Days per Week = 52.14 Weeks per Year 2,920 Hours per Shift = 52.14 Weeks per Year = 56 Hours per Week 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 agreement, Shift employees shall be granted 10 Kelly Days off each calendar year, which results in an average work week of 51.40 hours. Section 6.4 Day Shift Scheduling Personnel in these divisions may work a normal workweek of ten (10) hours per day, four (4) consecutive days per week, exclusive of lunch periods. Such schedule may be maintained during high workload periods and be changed to a regular five (5) day-forty (40) hour workweek should workloads diminish or weather/daylight factors make a 4/10 schedule unproductive from a manpower utilization standpoint. It shall be the City's responsibility to make schedule changes as dictated by workloads, weather conditions, daylight hours, etc. Notification of schedule changes will be provided to the Union in advance. Subsection 6.4.1 The workweek for inspection personnel may be any four (4) or five (5) consecutive workdays exclusive of Sunday, as dictated by the workload in the Department. 6 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 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-half 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. 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. 7 Section 7 3 Compensatory Time Off (Comp Time) Day shift personnel shall be allowed at the employee's option 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 is incorporated herein and made a part of this AGREEMENT by this reference. ARTICLE 9 - TEMPORARY DETAIL TO HIGHER POSITION Section 9.1 Eligible 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 four 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 8 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 afforded holiday benefits in accordance with City policy. However, the provisions of Section 10.4 below shall apply during closures of 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 be required to work their normal schedule during such declarations 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: 9 YEAR OF SERVICE EMPLOYEE EARNS EMPLOYEE EARNS PER MONTH PER YEAR 1st - 4th 14 Hours 7 Shifts 5th - 9th 18 Hours 9 Shifts loth - 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 loth - 19th 11 .33 Hours 17 Days 20th and Thereafter 13.33 Hours 20 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 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 than six consecutive shifts as a first choice, if and only if, all other employees on the shift give written approval prior to December 1. 10 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 four (4) . 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: 11 YEAR OF SERVICE SHIFT DAY SHIFT 1st thru 4th Year of Employment 360 hours 206 hours 5th thru 9th Year of Employment 408 hours 227 hours loth thru 19th year of Employment 456 hours 235 hours 20th Year and beyond 504 hours 258 hours At the employee's option, accrued leave may be converted to cash at termination or taken as post termination vacation. The City shall limit payment of leave balances 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. 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. 12 Section 11.7 Conversion of Hours When it is necessary to convert vacation/holiday 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 Day Shift Employee Maximum Accrual Therefore the ratios would be: 1st thru 4th Year of Employment 360 1 .75 206 1 5th thru 9th Year of Employment 408 1.80 227 1 loth thru 19th year of Employment 456 1.94 235 1 20th Year and beyond 504 1.95 258 1 The circumstances under which this becomes necessary is when a member is transferred from twenty-four (24) hour shift schedule to eight (8) hour shift schedule, or vice versa. This may exclude circumstances of temporary transfers for training or special assignments. 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. 13 Section 12.2 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 that their names appeared on the Civil Service Eligibility lists. Section 12.3 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 accordance with the Rules and Regulations of the Civil Service Commission. 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 dental plan underwritten by a health care insurance provider who is a recognized "national carrier" or comparable underwriter. The premium for the employee shall be paid in full by the City. 14 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 contract period, the following health care plans will be offered to eligible employees: 1. Blue Cross of Washington & Alaska A. Traditional Plan B. Prudent Buyer Plan 2. Group Health Cooperative (HMO) However, the City reserves the right to change carriers based upon comparable benefits and cost-effectiveness of such a change. The Union and the City will work jointly during the term of the contract to address alternative methods of addressing the health care issue. 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. The City agrees to pay the following amounts towards dependent coverage in 1990. 15 City 6rployee Plan Total 1990 Cost Pays Pays Blue Cross Prudent Buyer Employee & Spouse $ 281.00 $ 281.00 $ 0.00 Employee & Children $ 241.00 $ 241 .00 $ 0.00 Full Family $ 311.00 $ 311.00 $ 0.00 Blue Cross Traditional Employee & Spouse $ 315.00 $ 281 .00 $ 34.00 Employee & Children $ 271.00 $ 241 .00 $ 30.00 Full Family $ 386.00 $ 311.00 $ 75.00 Group Health/Blue Cross Dental Employee & Spouse $ 273.88 $ 273.88 $ 0.00 Employee & Children $ 245.85 $ 245.85 $ 0.00 Full Family $ 381.69 $ 336.69 $ 45.00 Section 13.5 Future Dependent Medical Cost Increases For each subsequent year of this Agreement, the City agrees to absorb 100% of the first 10% of any cost increase in any of the above named plans. Any cost increases in excess of 10% will be passed through to the employee. Section 13.6 Continuance of Dependent Medical In the event that 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 13.7 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. 16 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 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 and the Fire Department. 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. 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 - DEATH IN FAMILY Section 14.1 Bereavement Leave Bereavement leave shall be granted in accordance with City Policy. For purposes of clarification, shift employees may be granted two 24 hour shifts without charge to sick leave and may be granted up to 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. 17 ARTICLE 15 - REIMBURSEMENT OF EXPENSES Section 15.1 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 perform all other actions and functions not otherwise specifically and expressly limited by this agreement. 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. 18 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 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 or rights allowed by law. 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 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 24 (Retention of Benefits) is cited in the written 19 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 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 representative. Step 3: If no satisfactory decision has been reached in Step Two, the grievance may within forty-five (45) calendar days then be filed for submission to Arbitration. The Arbitrator shall be a member of the American Arbitration Association, mutually selected. The fees and expenses of the arbitrator shall be divided equally between the City and the Union; provided, however, that each party shall be responsible for compensating its own witnesses. The arbiter's decision shall be based solely upon his 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 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 20 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 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 court or other available forum. Likewise, litigation or other contest of the subject matter in any court or 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. 21 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 operations 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 of the Personnel Director and subsequent approval by the City nor shall such terms or changes be made without review of the Union Executive Board and subsequent approval by the Union. Nothing in this 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 Union. 22 ARTICLE 21 - SICK LEAVE Section 21.1 Employees Hired Prior to 10/1/77 - LEOFF I Subsection 21.1.1 Shift Employee 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 21. 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 21.1 .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. Section 21.2 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 21.2.1 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) shift hours of sick leave for each completed month. 23 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 21.2.2 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 21 .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 21.2.4 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. Section 21 .3 Transfer from Shift to Day Shift Subsection 21 .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. 24 Subsection 21.3.2 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 Section 21.4 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 21.5 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 21.6 Sick Leave, LEOFF II Employees, ON-Duty 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 months. This shall be accomplished' through a combination of worker's compensation time loss payments 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 employees' and dependents' medical/life insurance program. 25 ARTICLE 22 - LOCAL UNION BUSINESS Section 22.1 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. 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 22.2 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 22.3 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. 26 ARTICLE 23 - 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 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 24 - RETENTION OF BENEFITS Section 24.1 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 reasons(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 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. 27 ARTICLE 25 - 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 26 - PERSONNEL FILES Personnel files maintained by the Fire Department and the City are the property of the City. 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, City Administrator, and Personnel Director shall have the right to review all personnel files of members of the bargaining unit. The personnel records held by the Civil Service Commission will not be subject to this proviso. The right to review personnel files shall not apply to employee medical records which may be contained within such files. It is further agreed that information obtained by these individuals 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 files in their entirety. Such review shall be conducted in the presence of the Chief or his designee, or the Personnel Director or his designee if such review is of Personnel Department 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, Personnel Director or their designees. 28 ARTICLE 27 - 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 28 - SUBSTANCE ABUSE POLICY It is the position of the City that the critical mission of fire protection justifies maintenance of a drug-free work environment. As such, both the City and Union agree that this subject was discussed during negotiation sessions for this Agreement. However, due to the complexity of the subject matter, the parties hereby agree that during the term of this Agreement a good faith effort will be made to mutually negotiate a substance abuse policy covering members of the bargaining unit. In the event, the City desires during the term of this Agreement to implement a standard substance abuse policy covering all of its employees, including members of the bargaining unit, the Union will be notified of that desire, and be given an opportunity to bargain with the City on the nature of the policy and participate in discussions pertaining to design and implementation of such a policy. ARTICLE 29 - ENTIRE AGREEMENT Section 29.1 - 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. 29 Section 29 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 29.3 - 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) or 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 addendums 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 addendums 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. 30 ARTICLE 30 - DURATION OF AGREEMENT THIS AGREEMENT shall be in full force and effect from January 1, 1990 and shall continue through December 31, 1992. Signed this day of March, 1990. CITY OF KENT KENT FIREFIGHTERS LOCAL 1747, IAFF BY � \ BY D n Kelleher, Mayor �Johnillits, President ATTEST A BY �alC eta Marie Jen n, City Clerk Mike Moore, Secretary Approved as Negotiated: Approved as Negotiated: Don Olson, a onnel Director PHA Herrera, Negotiator Appro d as o form: R J ns Negotiator San ra Driscoll , Cit A torne 'Kevin Kearns, Negotiator b,��zlj3. MaA"d�� cGreg arkley, Negotia r 1 31 APPENDIX "A" SECTION ONE - SALARY SCHEDULE 1990 Monthly Base Salary Firefighter - Probationary (75%) $2,303 Firefighter - 3rd Class (84%) $2,579 Firefighter - 2nd Class (91.5%) $2,809 Firefighter - 1st Class (100%) $3,070 Firefighter - 1st Class + 2% $3,131 Firefighter - 1st Class + 4% $3,193 Inspector C (First 6 months) $3,070 Inspector C + 2% $3,131 Inspector C + 4% $3,193 Inspector (103% Second 6 months) $3, 162 Inspector B + 2% $3,225 Inspector B + 4% $3,289 Inspector A (106% After 1 year) $3,254 Inspector A + 2% $3,319 Inspector A + 4% $3,384 Public Educator (106%) $3,254 Public Educator + 2% $3,319 Public Educator + 4% $3,384 Lieutenant (112%) $3,438 Lieutenant + 2% $3,507 Lieutenant + 4% $3,576 Assistant Fire Marshal (112%) $3,438 Assistant Fire Marshal + 2% $3,507 Assistant Fire Marshal + 4% $3,576 Battalion Chief (122%) $3,745 Battalion Chief + 2% $3,820 Battalion Chief + 4% $3,895 32 Effective January 1, 1991, Firefighter First Class base salary will be increased by an amount equal to 100% of the July 1989 - July 1990 CPI-W for the Seattle/Tacoma area, plus an additional 3%. For example, if the CPI-W were to be 4%, the total increase to Firefighter First Class base pay would be 7%. All other rank and position compensation levels will be computed from this new base with the appropriate percentage relationships for 1991. Effective January 1, 1992, Firefighter First Class base salary will be increased by an amount equal to 100% of the July 1990 - July 1991 CPI-W for the Seattle/Tacoma area, plus an additional 2%. For example, if the CPI-W were to be 4%, the total increase to Firefighter First Class base pay would be 6%. All other rank and position compensation levels will be computed from this new base with the appropriate percentage relationships for 1992. 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 % 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. 33 SECTION FOUR - PERCENTAGE RELATIONSHIPS The following relationships between ranks based on first class firefighter are hereby established: 1990 1991 1992 Firefighter-Probationary 75.0% 75.0% 75.0% Firefighter-3rd Class 84.0% 84.0% 84.0% Firefighter-2nd Class 91 .5% 91.5% 91 .5% Firefighter-1st Class 100.0% 100.0% 100.0% Lieutenant 112.0% 112.0% 112.0% Battalion Chief 122.0% 124.0% 124.0% 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. 1990 1991 1992 Inspector "C" (1st 6 months) 100.0% 100.0% 100.0% Inspector "B" (2nd 6 months) 103.0% 103.0% 103.0% Inspector "A" (after 1 year) 106.0% 106.0% 106.0% Public Educator 106.0% 108.0% 108.0% Assistant Fire Marshal 112.0% 112.0% 112.0% 34 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 1990 1991 1992 De-fibrillation $ 30 $ 40 $ 40 Hazardous Materials Response Team $ 60 $ 90 $ 120 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 as defined below: 1990 1991 1992 Investigator Clothing Allowance $ 0 $ 300 $ 300 SECTION EIGHT - STANDBY DUTY PAY Employees formally placed on standby or on-call status, such as Fire Investigators, Duty Battalion Chiefs, or an alternate PIO, shall be compensated for this stand-by time at a rate of $10 for each day of stand-by duty. 35 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 4 4 4 Pants 4 4 4 Socks 6 pair 6 pair 6 pair Shoes 1 pair 1 pair 1 pair Belt 1 1 1 Jacket 1 1 1 Nameplate (Plastic) 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 1 1 Tie 1 1 1 Nameplate (Metal) 1 1 1 PROTECTIVE EQUIPMENT DAY SHIFT DAY SHIFT SHIFT PREVENTION OTHER Bunker pants 1 1 1 Bunker coat 1 1 1 Boots 1 pair 1 pair 1 pair Helmet 1 1 1 Gloves 1 pair 1 pair 1 pair Flashlight 1 1 1 Knife 1 1 1 Suspenders 1 pair 1 pair 1 pair Nomex Hood 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 36 APPENDIX "C" The following seventeen Puget Sound jurisdictions were discussed during the negotiation of this Agreement. AUBURN BELLEVUE BELLINGHAM BREMERTON EVERETT KING COUNTY FIRE DIST. 4 (SHORELINE) KING COUNTY FIRE DIST. 39 (FEDERAL WAY) KIRKLAND LYNNWOOD OLYMPIA PIERCE COUNTY FIRE DIST. 2 (LAKEWOOD) PUYALLUP REDMOND RENTON SNOHOMISH COUNTY FIRE DIST. 1 (ALDERWOOD MANOR) TACOMA TUKWILA 37