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HomeMy WebLinkAboutHR2002-0116 - Original - Kent Firefighters Local 1747, IAFF - 2002-2004 Collective Bargaining Agreement COLLECTIVE BARGAINING AGREEMENT BETWEEN CITY OF KENT, WASHINGTON AND KENT FIRE FIGHTERS LOCAL 1747, I.A.F.F. January 1, 2002 through December 31, 2004 P\Labor\UNION\Firefighters\Contracts\FR 2002 Contract Final.doc TABLE OF CONTENTS PREAMBLE.....................................................................................................................1 ARTICLE 1 - RECOGNITION OF THE BARGAINING UNIT...........................................1 ARTICLE 2 - UNION MEMBERSHIP...............................................................................1 Section 2.1 Non-Discrimination...................................................................................1 Section 2.2 Membership Condition of Employment....................................................2 Section 2.3 Contribution in Lieu of Dues.....................................................................2 Section 2.4 Time Limit and Options............................................................................2 Section 2.5 Dues Deduction .......................................................................................2 Section2.6 Non-Compliance ......................................................................................3 Section2.7 Notification ...............................................................................................3 ARTICLE 3 - NON-DISCRIMINATION/AFFIRMATIVE ACTION .....................................3 ARTICLE4 - SALARIES..................................................................................................3 ARTICLE 5 - EMERGENCY MEDICAL CERTIFICATION...............................................3 Section 5.1 Emergency Medical Technician - Basic...................................................3 Section 5.2 Emergency Medical Technician — EKG Monitoring..................................4 ARTICLE 6 - HOURS OF WORK....................................................................................4 Section 6.1 Shift Employees/Detroit Schedule ...........................................................4 Section 6.2 Shift and Day Shift Defined......................................................................4 Section 6.3 Kelly Days -Average Work Week............................................................4 Section 6.4 Day Shift Scheduling................................................................................5 Section 6.5 Scheduling of Recruits.............................................................................5 ARTICLE 7 - OVERTIME PAY ........................................................................................5 Section 7.1 Overtime Defined.....................................................................................5 Section7.2 Call Back..................................................................................................6 Section 7.3 Compensatory Time Off (Comp Time).....................................................6 ARTICLE 8 - FAIR LABOR STANDARDS.......................................................................6 ARTICLE9 -ACTING......................................................................................................7 Section 9.1 Acting in a Higher Rank ...........................................................................7 Section 9.2 Selection of Actors...................................................................................7 ARTICLE10 - HOLIDAYS...............................................................................................8 Section 10.1 Holidays - Shift Employees....................................................................8 Subsection 10.1.1 Holiday Accrual..........................................................................8 Subsection 10.1.2 Holiday Leave Use.....................................................................8 Subsection 10.1.3 Maximum Accrual ......................................................................8 Subsection 10.1.4 Holiday Cash Out.......................................................................9 P\Labor\UNION\Firefighters\Contracts\FR 2002 Contract Final doc i Section 10.2 Conversion of Hours..................................................................................9 Subsection 10.2.1 Shift to Days ..............................................................................9 Subsection 10.2.2 Days to Shift ..............................................................................9 Subsection 10.2.3 Conversion for Temporary Assignments ...................................9 Section 10.3 Overtime on Holidays - Proclaimed......................................................10 Section 10.4 Holidays - Day Shift Employees...........................................................10 Section 10.5 Emergency Closures............................................................................10 ARTICLE11 - VACATIONS ..........................................................................................10 Section 11.1 Vacation Accrual Rate - Shift Employees ............................................10 Section 11.2 Vacation Accrual Rate - Day Shift Employees.....................................11 Section 11.3 Vacation/Seniority................................................................................12 Subsection 11.3.1 Shift Employees.......................................................................12 Subsection 11.3.2 Day Shift Employees ...............................................................12 Section 11.4 Requests and Priority for Vacation/Holiday..........................................12 Subsection 11.4.1 Requests for Vacation/Holiday ................................................12 Subsection 11.4.2 Minimum Hours .......................................................................13 Subsection11.4.3 Priority .....................................................................................13 Section 11.5 Maximum Accruals...............................................................................13 Section 11.6 Vacation Accrual Carryover .................................................................14 Section 11.7 Conversion of Hours ............................................................................14 Subsection 11.7.1 Conversion Ratios ...................................................................14 Subsection 11.7.2 Conversion for Temporary Assignments .................................15 ARTICLE12 - SENIORITY............................................................................................15 Section 12.1 Seniority Defined..................................................................................15 Section 12.2 Leaves, Resignations and Reinstatements..........................................15 Section12.3 Lists .....................................................................................................16 Section12.4 Lay-Offs ...............................................................................................16 ARTICLE 13 - INSURANCE BENEFITS........................................................................17 Section 13.1 Legal Requirements.............................................................................17 Section 13.2 Employee Coverage ............................................................................17 Subsection 13.2.1 LEOFF I Employees ................................................................17 Subsection 13.2.2 LEOFF II Employees ...............................................................17 Section13.3 Plans Offered.......................................................................................17 Section 13.4 Dependent Coverage...........................................................................17 Section 13.5 Continuance of Dependent Medical.....................................................18 Section 13.6 Life Insurance ......................................................................................18 Section 13.7 Long Term Disability Insurance ...........................................................18 Section 13.8 Health Care Committee .......................................................................19 Section 13.9 Medical Examinations..........................................................................19 Section 13.10 Retiree Medical Savings Plan ............................................................19 ARTICLE 14 - BEREAVEMENT LEAVE .......................................................................20 ARTICLE 15 - REIMBURSEMENT OF EXPENSES .....................................................20 P.\Labor\UNION\Firefighters\Contracts\FR 2002 Contract Final.doc II ARTICLE 16 - MANAGEMENT RIGHTS.......................................................................20 ARTICLE 17 - DISCIPLINE ...........................................................................................21 Section 17.1 Departmental Rules.............................................................................21 Section 17.2 Disciplinary Measures..........................................................................21 Section 17.3 Right of Privacy....................................................................................21 ARTICLE 18 - GRIEVANCE PROCEDURES................................................................21 Step1 ........................................................................................................................22 Step2 ........................................................................................................................22 Step3 ........................................................................................................................22 ARTICLE 19 - INTEREST ARBITRATION ...................................................................23 ARTICLE 20 - ELECTION OF REMEDIES....................................................................23 ARTICLE 21 - LABOR/MANAGEMENT COMMITTEE.................................................23 Section21.1 Mutual Concern....................................................................................23 Section 21.2 Contract Modification ...........................................................................24 ARTICLE22 - JATC ......................................................................................................24 ARTICLE 23 - EDUCATION REIMBURSEMENT..........................................................24 Section 23.1 Education Reimbursement...................................................................24 Section 23.2 Request for Class Approval .................................................................25 Section 23.3 Class Attendance.................................................................................25 Section 23.4 Reimbursement Procedures ................................................................25 ARTICLE24 - SICK LEAVE ..........................................................................................26 Section 24.1 Employees Hired Prior to 10/1/77 - LEOFF I .......................................26 Subsection 24.1.1 Sick Leave Accrual ..................................................................26 Subsection 24.1.2 Sick Leave Usage....................................................................26 Subsection 24.1.3 Requests for Doctor's Authorization ........................................27 Subsection 24.1.4 Leave to Care for Sick Immediate Family................................27 Section 24.2 Employees Hired On or After 10/1/77 - LEOFF 11 ................................27 Subsection 24.2.1 Shift Employee ........................................................................27 Subsection 24.2.2 Day Shift Employee.................................................................27 Subsection 24.2.3 Maximum Accumulation of Sick Leave....................................27 Subsection 24.2.4 Approved Use of Sick Leave ...................................................28 Section 24.3 Conversion of Sick Leave Hours..........................................................28 Subsection 24.3.1 LEOFF I Employees ................................................................28 Subsection 24.3.2 LEOFF II Employees ...............................................................28 Section 24.4 Light Duty Assignment.........................................................................28 Section 24.5 Notice to Department...........................................................................28 Section 24.6 Sick Leave LEOFF II Employees On Duty Injury Leave Provision.......28 Section 24.7 Sick Leave Incentive Program .............................................................29 Subsection 24.7.1 Shift Employees.......................................................................29 Subsection 24.7.2 Day Shift Employees ...............................................................29 P\Labor\UNION\Firefighters\Contracts\FR 2002 Contract Final doc III ARTICLE 25 - MILITARY LEAVE..................................................................................30 ARTICLE 26 SHIFT TRADES 30 ARTICLE 27 - LOCAL UNION BUSINESS....................................................................30 Section27.1 Time off................................................................................................30 Section 27.2 Union Meetings on Premises...............................................................31 Section 27.3 Union Work Replacement....................................................................31 ARTICLE 28 - PERFORMANCE OF DUTY...................................................................32 ARTICLE 29 - RETENTION OF BENEFITS..................................................................32 ARTICLE 30 - UNIFORMS............................................................................................32 ARTICLE 31 - PERSONNEL FILES..............................................................................33 ARTICLE 32 - SMOKE FREE WORK PLACE...............................................................33 ARTICLE 33 - SUBSTANCE ABUSE POLICY..............................................................33 Section33.1 Policy ...................................................................................................33 Section 33.2 Informing Employees About Drug and Alcohol Testing........................34 Section 33.3 Employee Testing ................................................................................34 Section 33.4 Sample Collection................................................................................35 Section 33.5 Drug Testing ........................................................................................35 Section 33.6 Alcohol Testing ....................................................................................36 Section 33.7 Medical Review Physician....................................................................37 Section 33.8 Laboratory Results...............................................................................37 Section 33.9 Testing Program Costs ........................................................................37 Section 33.10 Rehabilitation Program ......................................................................37 Section 33.11 Duty Assignment After Treatment......................................................38 Section 33.12 Right of Appeal ..................................................................................38 Section 33.13 Union Held Harmless.........................................................................38 Section 33.14 Consent for Sampling and Release of Information Form...................39 ARTICLE 34 - ENTIRE AGREEMENT ..........................................................................40 Section 34.1 Entire Agreement.................................................................................40 Section 34.2 Waiver of Rights - Non-Bargained Items .............................................40 Section 34.3 Savings Clause....................................................................................40 ARTICLE 35 - MERGER, CONSOLIDATION AND CONTRACTS FOR SERVICES ....40 ARTICLE 36 - HEALTH AND PHYSICAL FITNESS FUND...........................................41 ARTICLE 37 - PROMOTIONAL STANDARDS..............................................................41 ARTICLE 38 - DURATION OF AGREEMENT...............................................................42 P\Labor\UNION\Firefighters\Contracts\FR 2002 Contract Final doc iv APPENDIX "A•' ..........................................................................................................A - 1 SECTION ONE - SALARY SCHEDULE ................................................................A - 1 SECTION TWO - LONGEVITY - ELIGIBLE EMPLOYEES ...................................A - 1 SECTION THREE - SERVICE REQUIREMENTS.................................................A - 2 SECTION FOUR - PERCENTAGE RELATIONSHIPS ..........................................A - 2 SECTION FIVE -ASSIGNMENTS AND COMPENSATION ..................................A - 2 Day Shift Differential Pay ...................................................................................A - 2 AssignmentPay .................................................................................................A - 3 SECTION SIX - SPECIALTY PAY.........................................................................A - 3 SECTION SEVEN - CLOTHING ALLOWANCE ....................................................A - 4 SECTION EIGHT - STANDBY DUTY PAY............................................................A - 4 SECTION NINE - MATCHING DEFERRED COMPENSATION PLAN ..................A - 4 AllEmployees-- ..................................................................................................A - 4 APPENDIX „B„ .......................................................................................................... B - 1 APPENDIX "C.. ..........................................................................................................C - 1 P:\Labor\UNION\Firefighters\Contracts\FR 2002 Contract Final doc V AGREEMENT BY AND BETWEEN CITY OF KENT AND KENT FIREFIGHTERS UNION LOCAL NO. 1747 January 1, 2002 through December 31, 2004 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 ranks of Battalion Chief and below as listed in Appendix A, Section 1. The parties understand that they retain the right to file a petition to clarify the bargaining unit, include and/or exclude the appropriate positions, and that neither party waives its right by execution of this agreement. ARTICLE 2 - UNION MEMBERSHIP Section 2.1 Non-Discrimination The parties agree that all employees covered hereunder shall be encouraged by the Union to become and remain members in good standing of the Union, and the Union accepts its responsibility to fairly represent all employees in the bargaining unit regardless of membership status. Neither party shall discriminate against any employee on account of membership or non-membership in any labor union or other employee organization. P\Labor\UNION\Firefighters\Contracts\FR 2002 Contract Final doc Page 1 of 42 Section 2.2 Membership Condition of Employment It shall be a condition of employment that all employees covered by this agreement, who are now members of the Union or voluntarily become members after the effective date of this agreement, remain a member in good standing during the term of this agreement. Section 2.3 Contribution in Lieu of Dues Employees who are not members of the Union on the effective date of this agreement shall become a member of the Union within thirty (30) days of their hire-in-date, or in lieu thereof, pay an initiation fee plus a monthly service charge equivalent to the regular Union dues. Such service charge shall be made to the Union monthly as a contribution toward administration of this agreement. Provided, however, that employees who cannot pay such charges as a result of religious convictions shall be governed by Section 2.4.3 of this agreement. Section 2.4 Time Limit and Options New employees hired during the term of this agreement shall within thirty (30) days of their hire-in date: 1. Become a member of the Union; 2. Pay an initiation fee, plus a monthly service charge to the Union equivalent to the regular Union dues in lieu of Union dues; or 3. Pay an amount equivalent to regular Union dues and initiation fee to a 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 Union. 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 Section. The City will remain responsible P.\Labor\UNION\Firefighters\Contracts\FR 2002 Contract Final.doc Page 2 of 42 for its own errors in the administration of this Article. Section 2.6 Non-Compliance The Union agrees that the City shall not terminate any employee under any provision of Article 2 until written notification is provided by the Union to the City that an employee has failed to pay the required initiation fee, dues, service charge, charity payment in lieu thereof, or provided proof of payment to such charity. Upon receiving notice of failure to comply with the provisions of Article 2, the City and Union shall immediately meet to review the case and decide on action to be taken to secure compliance, or in the event of intentional non-compliance, determine the termination date for the employee who willfully refuses to comply. Section 2.7 Notification The City agrees to notify the Union of new hires, personnel status changes or termination for employees covered by this agreement within a reasonable period of time. ARTICLE 3 - NON-DISCRIMINATION/AFFIRMATIVE ACTION The City and the Union shall not discriminate against employees on the basis of membership in the Union, race, religion, creed, color, national origin, sex, age, or the presence of physical, mental or sensory disabilities, unless it is a bona fide occupational requirement or qualification. ARTICLE 4 - SALARIES The City agrees to maintain salaries as outlined in Appendix A. ARTICLE 5 - EMERGENCY MEDICAL CERTIFICATION Section 5.1 Emergency Medical Technician - Basic All members of the bargaining unit except Battalion Chiefs and those personnel regularly assigned to Administration, Fire Prevention, and Training shall by the end of the member's probationary period (that is, after the first year of employment) maintain current certification as an Emergency Medical Technician, Basic Level, (EMT-B), which includes semi-automated (AED) defibrillation, in accordance with King County and Washington State standards. Those members not required to be EMT-B's shall maintain at least a current first aid card as endorsed by King County Emergency P\Labor\UNION\Firefighters\Contracts\FR 2002 Contract Final.doc Page 3 of 42 Medical Services (K.C.E.M.S.), or equivalent. Those members returning to shift work shall become recertified as EMT's as soon as possible, but no later than one year from date of returning to shift work. Such certification shall be scheduled by Fire Administration. Section 5.2 Emergency Medical Technician — EKG Monitoring Electrocardiogram monitoring is an extra duty, which is a voluntary undertaking on an individual basis. Employees who wish to terminate participation in the EKG monitoring program will submit written notification to the Fire Department Administration. ARTICLE 6 - HOURS OF WORK Section 6.1 Shift Employees/Detroit Schedule The number of hours and utilization of the "Detroit Schedule" (starting at 8:00 A.M.) for employees under this agreement shall be continued in accordance with present practice. Nothing herein shall limit the City in exercising discretion in varying hours of duty of any employee as long as it does not violate Section 6.2, 6.3, or 6.4. Section 6.2 Shift and Day Shift Defined For purposes of this agreement, "shift" employees are defined as those assigned to a twenty-four (24) hour shift. "Day Shift" employees are defined as those employees assigned 40-hour work weeks (e.g., Administration, Training, and Fire Prevention). Section 6.3 Kelly 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 @ 365 Days a Year = 8760 Hours per Year Divided into 3 Shifts = 2920 Hours per Shift per Year 365 Days per Year / 7 Days per Week = 52.14 Weeks per Year 2920 Hours per Shift/ 52.14 Weeks per Year = 56 Hours per Week This schedule shall be reduced by allowing shift employees to take "Kelly Days" off. Such days off will be scheduled by fire administration through internal departmental policies and procedures. Such policies and procedures will be in writing and uniformly administered. For the duration of this contract, shift employees shall be granted twelve (12) Kelly days off per year. P\Labor\UNION\Firefighters\Contracts\FR 2002 Contract Final doc Page 4 of 42 The twelve (12) Kelly days will be scheduled by the department in a uniform manner. The Kelly days shall be scheduled so as to spread them out evenly while minimizing the department's overtime (FLSA and callback) costs to the greatest extent possible. All Kelly days are tradable within their respective cycle. The schedule shall be subject to review by the Union prior to its implementation. Twelve (12) Kelly days off results in an average workweek of 50.48 hours. Section 6.4 Day Shift Scheduling Day shift employees may work one of the following schedules: Ten (10) hours per day, four (4) consecutive days per week, exclusive of lunch periods; five (5) day, forty (40) hour week; or nine (9) hours per day for five (5) days, followed by two (2) days off, then nine (9) hours per day for four (4) days, followed by three (3) days off. The determination of which schedule an employee will work shall be made by the Fire Chief, considering workloads, weather conditions, daylight hours, commuting, the needs of the department, etc. The affected employee, and the Union, shall be notified fourteen (14) calendar days in advance of any schedule changes. The workweek for the Fire Prevention and Training Division personnel may be any four (4) or five (5) consecutive workdays exclusive of Saturday and Sunday, as dictated by the workload in the Department. The work week for the Fire Investigations Unit may include a swing shift schedule, exclusive of Saturday and Sunday, as dictated by the workload in the Department. Section 6.5 Scheduling of Recruits The Union recognizes the right of the Chief to schedule the necessary recruit training including, but not limited to, the State Recruit Academy and EMT training, notwithstanding 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 suppression overtime shall be calculated based on the equivalent suppression overtime rate for the employee's rank and longevity. All overtime shall be rounded to the nearest one-quarter hour and must be authorized in advance by a designated authority. The overtime rate of pay shall be P.\Labor\UNION\Firefighters\Contracts\FR 2002 Contract Final.doc Page 5 of 42 determined from a straight time hourly rate which shall be computed by dividing annual salary by annual hours. Hire back hours scheduled outside of regular duty hours shall commence upon sign in of the employee at the designated work station. In the event overtime is not annexed to the beginning or end of a normal shift, the minimum payment shall be for two (2) hours at the overtime rate. Section 7.2 Call Back Emergency call back overtime shall commence at the time of notification of the alarm and shall end on sign out by the employee with a two (2) hour minimum at the overtime rate. However, should the travel time of an employee exceed thirty (30) minutes, time shall stop and commence again on sign in of the employee. Section 7.3 Compensatory Time Off(Comp Time) Day shift personnel working overtime shall be allowed to choose between cash payment or compensatory time off if offered by Fire Administration. Compensatory time will be earned at the regular overtime rate (time and one-half). If chosen, compensatory time off will be taken in accordance with the policies governing annual leave. Or, at the employee's request, compensatory time shall be cashed out. When an employee is transferred from Days to Shift and has accrued compensatory time on the books, that employee shall be given the option to take the compensatory time off or to cash it out prior to returning to Shift. All compensatory time not taken shall be paid to the employee upon the employee's return to Shift at the employee's most recent Day Shift Assignment. ARTICLE 8 - FAIR LABOR STANDARDS The following represents the parties' understanding and agreement of the application of the Fair Labor Standards Act (FLSA) and shall serve as a guide in the application of the FLSA to the members of the firefighter bargaining unit. • Twenty-four (24) hour shift personnel, including all ranks listed in Appendix A, Section 1, shall be assigned to a 27 day work period under the Section 7-K exemption of the Fair Labor Standards Act. • Day shift personnel shall be assigned a seven (7) day work week. • The City shall honor the overtime provisions of the labor agreement; provided however, paid hours not worked, such as sick leave, annual leave, kelly days, etc. shall be excluded for purposes of calculating FLSA overtime liability. • The JATC program is not impacted by the FLSA, including the related training P.\Labor\UNION\Firefighters\Contracts\FR 2002 Contract Final.doc Page 6 of 42 requirements of 144 hours per year. • Formal training for which an employee volunteers, which is conducted by outside institutions or agencies (i.e. college class) does not qualify for compensation. This includes voluntary job-related training. • EMS training —Although EKG Monitoring training is voluntary and is conducted off duty, the City shall compensate employees who attend such training. • All job-related training required by the department is compensable. • Non-job related training/classes is not compensable. • Community participation/charity—the City assumes no liability under FLSA for such activities so long as the charity and/or Union activities focus on community service (with or without the cooperation of the City). • Civil Service Testing — employees who participate as assessors or to assist the City in conducting the Civil Service testing process shall be compensated. • Standby Duty— employees on standby duty are not subject to compensation under FLSA if they are free to do personal activities while on standby, (i.e. employees may use pagers or are available to be reached by phone). ARTICLE 9 -ACTING Section 9.1 Acting in a Higher Rank An employee who is appointed by a designated authority to temporarily fill the position of Battalion Chief, Captain, or Lieutenant shall be paid at the rate for that position, provided that the employee is so assigned for a minimum of two (2) hours. An employee who does not want to be considered for an acting assignment shall not be assigned provided the employee submits a written notice of such to his/her immediate supervisor. The notification shall remain in effect until rescinded by the employee. Section 9.2 Selection of Actors Suppression shift personnel shall be detailed from the shift in which the vacancy occurs. Day shift personnel may be detailed from any shift. However, consideration will first be given to day shift personnel. P\Labor\UNION\Firefighters\Contracts\FR 2002 Contract Final.doc Page 7 of 42 ARTICLE 10 - HOLIDAYS Section 10.1 Holidays - Shift Employees Subsection 10.1.1 Holiday Accrual Shift employees shall accrue time off in lieu of holidays at the rate of five (5) (six effective January 1, 2004) working shifts off duty with pay each year. Such time off in lieu of holidays shall be earned at the rate of ten (10) (12 effective January 1, 2004) hours per calendar month for a total of one hundred twenty (120) (144 effective January 1, 2004) hours per year. Such leave hours shall be maintained in a bank separate from vacation leave hours. After the signing of this contract, a one-time transfer of 48 hours will be made from each employee's vacation leave bank to the employee's holiday leave bank. Subsection 10.1.2 Holiday Leave Use Shift employees shall request and use holiday leave hours the same way in which vacation leave hours are requested and used (Section 11.4 Requests and Priority for Vacation/Holiday). Employees shall designate the use of holiday versus vacation leave time for each day off. Subsection 10.1.3 Maximum Accrual Shift employees may accumulate a maximum of 120 hours of holiday leave. Effective January 1, 2004, employees may accumulate a maximum of 144 hours of holiday leave. It shall be the employee's responsibility to insure that accrued holiday hours stay below the maximum accruals set forth in this Subsection; 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 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. P.\Labor\UNION\Firefighters\Contracts\FR 2002 Contract Final.doc Page 8 of 42 Subsection 10.1.4 Holiday Cash Out Shift employees who wish to receive pay for their unused holidays will have the option of receiving such pay at a straight-time rate on an annual basis by submitting a written request to Fire Administration no later than November 15th of each year. Employees may cash out holiday leave in increments of twelve (12) hours to a maximum of forty- eight (48) hours per year. This cash out will be on a separate check issued on December 5th of each year. Section 10.2 Conversion of Hours Subsection 10.2.1 Shift to Days When an employee is transferred from Shift to Days, the employee may cash out up to forty-eight (48) hours of his/her holiday leave balance during the transfer year according to Subsection 10.1.4 Holiday Cash Out above. The employee's remaining holiday leave bank will be frozen in place until the employee returns to Shift. The employee will accrue and use holidays according to Section 10.4 — Holidays — Day Shift Employees below. Subsection 10.2.2 Days to Shift Day shift employees transferring to twenty-four (24) hour Shift will not be eligible to carryover any Day shift holiday hours accumulated (personal holidays). Subsection 10.2.3 Conversion for Temporary Assignments For assignments or transfers intended to be for one hundred eighty (180) calendar days or less from a twenty-four (24) hour Shift schedule to a Day shift schedule, or vice versa, the following conversion procedure shall apply: A. If an employee is transferred for a time period of seven (7) consecutive calendar days or less, no conversion shall take place. Subsections 10.2.1 and 10.2.2 above shall not apply. B. If an employee is transferred for more than seven (7) consecutive calendar days, Subsections 10.2.1 and 10.2.2 shall apply. 1. While on Day shift, the employee will accrue and use City standard holidays like all regular day shift employees. 2. When the employee returns to Shift schedule Subsection 10.2.2 shall apply. However, the number of months on Day shift assignment will be compared with the number of holidays used during those months, and the employee will receive 10 (or 12 effective January 1, 2004) additional P.\Labor\UNION\Firefighters\Contracts\FR 2002 Contract Final doc Page 9 of 42 hours of holiday for each month in which assignment on Day shift exceed the number of holidays that took place during the assignment. C. It is understood that until the conversion process can be automated, conversions for assignments for periods intended to be between eight (8) to thirty (30) days shall be done manually by Fire Administration. Once automated, all conversions will be handled through payroll in accordance with B above. Section 10.3 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 10.4 Holidays - Day Shift Employees Day shift employees shall be allowed their scheduled workday off, with pay, for holidays specified in City policy. Effective January 1, 2003, Day shift employees shall receive an additional "Personal Holiday", for a total of two (2) personal holidays per year. If a holiday falls on the employee's normally scheduled flex day, the work day before or after will be taken off for the holiday. However, the provisions of Section 10.5 Emergency Closures below shall apply during closures or partial closures for emergencies or safety reasons. Section 10.5 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 declaration will not receive additional compensation or benefits. ARTICLE 11 -VACATIONS Section 11.1 Vacation Accrual Rate - Shift Employees Vacation accrual rates for shift employees shall be as follows: YEAR OF SERVICE EMPLOYEE EARNS EMPLOYEE EARNS PER MONTH PER YEAR P\Labor\UNION\Firefighters\Contracts\FR 2002 Contract Final doc Page 10 of 42 1st - 4" 14 Hours 7 Shifts 5th - 9th 18 Hours 9 Shifts 10th - 19th 22 Hours 11 Shifts 20th and Thereafter 26 Hours 13 Shifts Effective January 1, 2003, vacation accrual rates for shift employees shall be as follows: YEAR OF SERVICE EMPLOYEE EARNS EMPLOYEE EARNS PER MONTH PER YEAR 1st - 4th 14 Hours 7 Shifts 5th - 9th 18 Hours 9 Shifts 10th - 12th 22 Hours 11 Shifts 13th — 16th 24 Hours 12 Shifts 17th _ 19th 25 Hours 12.5 Shifts 20th — 24th 26 Hours 13 Shifts 25th and Thereafter 28 Hours 14 Shifts Section 11.2 Vacation Accrual Rate - Day Shift Employees Vacation accrual rate for day shift employees shall be as follows: YEAR OF SERVICE EMPLOYEE EARNS EMPLOYEE EARNS PER MONTH PER YEAR 1st - 4th 8 Hours 12 Days 5th - 9th 10 Hours 15 Days 10th - 12th 12 Hours 18 Days 13th - 16th 12.67 Hours 19 Days 17th - 19th 14 Hours 21 Days 20th and Thereafter 14.67 Hours 22 Days Effective January 1, 2003, vacation accrual rate for day shift employees shall be as follows: YEAR OF SERVICE EMPLOYEE EARNS EMPLOYEE EARNS PER MONTH PER YEAR P•\Labor\UNION\Firefighters\Contracts\FR 2002 Contract Final doc Page 11 of 42 1st - 4" 8 Hours 12 Days 5th - 91" 10 Hours 15 Days 10th - 12th 12 Hours 18 Days 13th - 16th 12.67 Hours 19 Days 17th - 19th 14 Hours 21 Days 20th — 241" 14.67 Hours 22 Days 25t" and Thereafter 15.34 Hours 23 Days Section 11.3 Vacation/Seniority Subsection 11.3.1 Shift Employees Vacation shall be taken by seniority provided the first choice is made by December 1 (maximum 6 consecutive shifts), and the second choice is 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 that six (6) consecutive shifts as a first choice, if and only if, all other employees on the shift give written approval prior to December 1. Battalion Chiefs shall be allowed to choose vacation separate from the rest of the shift. The Battalion Chiefs' first and second choice vacations shall be selected by January 1 and will be no more than six (6) consecutive shifts each. In the event that a Battalion Chiefs vacation conflicts with the needs of the department, the Battalion Chief and the Battalion Chiefs Supervisor may agree to reschedule the vacation. 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 is 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/Holiday Subsection 11.4.1 Requests for Vacation/Holiday 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. P•\Labor\UNION\Firefighters\Contracts\FR 2002 Contract Final.doc Page 12 of 42 Subsection 11.4.2 Minimum Hours The minimum number of hours allowed to be taken on vacation or holiday shall be two (2). Subsection 11.4.3 Priority An employee requesting a full shift of vacation/holiday shall be granted leave priority over another employee on the same shift requesting less than a full shift of leave, however, if the employee who requested the partial shift did so prior to the full shift request, the employee requesting the partial shift shall have the option to take a full shift off when notified. Section 11.5 Maximum Accruals Maximum accruals for vacation leave shall be as follows: YEAR OF SERVICE SHIFT DAY SHIFT 1st through 4th Year of Employment 240 hours 240 hours 5th through 9th Year of Employment 288 hours 240 hours 10th through 19th Year of Employment 336 hours 240 hours 20th Year and beyond 384 hours 258 hours Effective January 1, 2003, maximum accruals for vacation leave shall be as follows: YEAR OF SERVICE SHIFT DAY SHIFT 1 st - 4th Year of Employment 240 hours 240 hours 5th - 9th Year of Employment 288 hours 240 hours 10th - 12th Year of Employment 336 hours 240 hours 13th _ 16th Year of Employment 360 hours 240 hours 17th _ 19th Year of Employment 372 hours 240 hours 20th —24th Year of Employment 384 hours 258 hours 25th Year and beyond 408 hours 258 hours Accrued leave may be converted to cash at termination if the employee has been employed for at least six (6) consecutive months. \\NY\USR\ES\PUBLIC\Labor\UNION\Firefighters\Contracts\FR 2002 Contract Final doc Page 13 of 42 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 leave beyond the maximum on an exception basis for the purposes of extended travel or extenuating circumstances at the request of the employee and written authorization of fire administration. Each request shall be reviewed on a case-by-case basis and shall not serve as a precedent for subsequent requests. Section 11.7 Conversion of Hours Subsection 11.7.1 Conversion Ratios When it is necessary to convert vacation accruals from shift equivalents to day shift equivalents, or vice versa, for assignments intended to be longer than 180 days in duration, it shall be accomplished without loss of benefits by applying the following conversion ratios: 1 st through 4th Year of Employment 1.75 5th through 9th Year of Employment 1.80 10th through 19th Year of Employment 1.85 20th Year and beyond 1.95 Effective January 1, 2003, the following conversion ratios shall apply: 1 st through 4th Year of Employment 1.750 5th through 9th Year of Employment 1.800 10th through 12th Year of Employment 1.833 13th through 16th Year of Employment 1.895 17th through 19th Year of Employment 1.786 20th through 24th Year of Employment 1.773 25th Year and beyond 1.826 The circumstances under which this conversion becomes necessary is when an employee is transferred from a twenty-four (24) hour shift schedule to a day shift schedule, or vice versa, for periods intended to be one hundred eighty one (181) days P.\Labor\UNION\Firefighters\Contracts\FR 2002 Contract Final.doc Page 14 of 42 or more. Subsection 11.7.2 Conversion for Temporary Assignments For assignments or transfers intended to be for one hundred eighty (180) days or less from a twenty-four (24) hour shift schedule to a day shift schedule, or vice versa, the following conversion procedure shall apply. A. If an employee is transferred for a time period of seven (7) consecutive calendar days or less, no conversion shall take place. B. If an employee is transferred for more than seven (7) consecutive calendar days, vacation hours will be converted according to the ratios specified in Subsection 11.7.1. This will provide the employee with the number of vacation hours available while on temporary assignment. C. It is understood that until the conversion process can be automated, conversions for assignments for periods intended to be between eight (8) to thirty (30) days shall be done manually by Fire Administration. Once automated, all conversions will be handled through payroll in accordance with B above. ARTICLE 12 - SENIORITY Section 12.1 Seniority Defined Seniority for all purposes, unless otherwise specified within this agreement, shall be the length of continuous service as a full time employee within the ranks listed in Appendix A, Section 1 for the Kent Fire Department less any authorized unpaid leaves of absence. Seniority for the purpose of demotions resulting from layoffs shall be defined as the employee's permanent length of service within their rank less any authorized unpaid leaves of absence. Length of continuous service shall not be reduced by time loss due to paid sick or injury leave. Authorized unpaid leaves of absence shall be considered a break in continuous service. Section 12.2 Leaves, Resignations and Reinstatements In accordance with Civil Service Rules, employees must apply for reinstatement within two (2) years of their resignation or leave of absence. The following agreement will apply to such employees: 1. The Fire Chief maintains explicit discretion in determining if an employee who resigned from the department is to be reinstated. 2. The Fire Chief retains the right to impose conditions relating to the re- P\Labor\UNION\Firefighters\Contracts\FR 2002 Contract Final.doc Page 15 of 42 employment of such an employee to include, but not be limited to, a probationary period and training requirements. 3. Should an employee return from a leave of absence or a resignation under Civil Service Rules, the employee shall be granted full seniority rights and benefits less the period of absence. These seniority rights and benefits shall include longevity pay for the period of continuous service completed prior to the absence. 4. The employee shall also receive vacation and sick leave accrual based upon the length of continuous service prior to the absence. Employees reinstated after a resignation shall not be entitled to sick leave accrued prior to their resignation. If an employee does not file for reinstatement through Civil Service within the time allotted, the employee must go through the application and testing process to be reinstated, in which case, the employee's seniority will be as stated in Section 12.1. Section 12.3 Lists Seniority lists shall be kept current and shall be posted at each fire station. Employees having the same length of continuous service will be placed on the seniority lists in the order their names appear on the Civil Service Eligibility lists. Section 12.4 Lay-Offs It is the inherent right of the City to determine if and when it is in the best interest of the City to lay-off or reduce in force. In the event the City chooses to do so, employees shall be laid off in inverse order to their length of service to the Kent Fire Department within the ranks listed in Appendix A, Section 1. 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. In the case of an employee who has been reduced in rank or classification, their seniority shall include time spent in the higher rank(s) or classification(s). A separate list of laid off personnel shall be kept in order of seniority for future hiring. When authorization is given to fill a position, the personnel on the laid off list shall have precedence over any applicable Civil Service Entry List. If a person is offered a position in their former position class, but declines to accept it, that name will be removed from the list. The layoff list will stay in effect until each individual has been offered an opportunity to be rehired in the former position class. Similar lists shall remain in effect for demotions in affected classes as a result of layoffs. These lists shall be administered, (eg. life of list, removal of names), the same as the layoff list with the most senior to the promoted class being promoted first. These lists shall take P\labor\UNION\Firefighters\Contracts\FR 2002 Contract Final.doc Page 16 of 42 precedence over new Civil Service candidate promotional lists. ARTICLE 13 - INSURANCE BENEFITS Section 13.1 Legal Requirements The City shall provide medical coverage of LEOFF employees as required by law. Section 13.2 Employee Coverage Subsection 13.2.1 LEOFF I Employees Eligible employees shall receive a fully paid health and accident and medical plan underwritten by a health care insurance provider who is a recognized "carrier' or comparable underwriter. The premium for the employee shall be paid in full by the City. Subsection 13.2.2 LEOFF II Employees Eligible employees shall have the option of selecting between health care plans offered by the City and shall be governed by the provisions of City policy with respect to plan operation. The premium for the employee shall be paid in full by the City. Section 13.3 Plans Offered The following health care plans are currently offered to eligible employees: 1. City's self-insured health insurance program administered by Premera Blue Cross to include the cost containment features implemented on January 1, 2001; and 2. Group Health Cooperative (HMO), with $5.00 copay for office visits and prescriptions and VSP Vision Plan. The City reserves the right to change carriers based upon comparable benefits and cost-effectiveness of such a change. Section 13.4 Dependent Coverage Eligible employees shall have dependent coverage available. Employees shall have the option to insure dependents under alternative plans offered, subject to the terms and conditions imposed by the carrier. Employees agree to pay the following amounts towards dependent coverage: P\Labor\UNIONkFirefighters\Contracts\FR 2002 Contract Final.doc Page 17 of 42 Blue Cross Enhanced Prudent Buyer Employee Pays Employee and Spouse $15/mo. Employee and Children $10/mo. Full Family $25/mo. Group Health/Blue Cross Dental/VSP Vision Employee Pays Employee and Spouse $25.00 Employee and Children $15.00 Full Family $65.00 Effective January 1, 2003, employees agree to pay the following amounts towards dependent coverage: Blue Cross Enhanced Prudent Buyer Employee Pays Employee and Spouse $27/mo. Employee and Children $23/mo. Full Family $44/mo. Group Health/Blue Cross Dental/VSP Vision Employee Pays Employee and Spouse $25.00 Employee and Children $15.00 Full Family $65.00 Dependent premiums for future years shall be negotiated at the Health Care Committee. If no such agreement is reached, either party may, within thirty (30) days, reopen this agreement for the sole purpose of negotiating dependent care premiums. Section 13.5 Continuance of Dependent Medical In the event the collective bargaining agreement expires and no other agreement has been reached, the City agrees to maintain dependent coverage, as specified in this agreement, in force until a new bargaining agreement is in effect. Section 13.6 Life Insurance The City shall pay the entire premium of double indemnity group life coverage for each eligible member of the bargaining unit. The amount of coverage will be equal to the employee's annual base salary, up to a maximum of $50,000. Section 13.7 Long Term Disability Insurance Effective the first of the month following the signing of this agreement, the I.A.F.F., Local 1747, will administer its own Long Term Disability Insurance program. P\Labor\UNION\Firefighters\Contracts\FR 2002 Contract Final doc Page 18 of 42 Section 13.8 Health Care Committee The Union will designate two representatives to participate in the Health Care Committee. The parties agree that the Union's participation on the City's Health Care Committee has been mutually beneficial. The parties agree to meet and develop a letter of understanding that describes the purpose of the Committee and the parameters under which the Committee operates. Furthermore, the parties recognize that there must be representation and participation by all Unions on the Committee. Section 13.9 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 also allow members of the bargaining unit to request a medical evaluation by the department physician or their own physician if in their opinion the need arises. Upon request, the physician shall perform an examination reasonable and appropriate for the condition causing the request. The results of the examination shall be kept confidential by the physician, the Fire Chief or designee, and the Employee Services Director or designee. 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. Section 13.10 Retiree Medical Savings Plan The Union shall have the option to cause the base salaries for all classifications covered by the collective bargaining agreement to be reduced by an amount to be specified by the Union. At which time, the City of Kent shall commence making an ongoing semi-monthly contribution in the aggregate amount of the reduction to a trust fund established by the Union to pay health insurance premiums for eligible future retirees and their dependents. The Union shall designate the form of any such reduction and the manner in which it will be accomplished. Upon the exercise of this option, the Union agrees to indemnify, defend, and hold the P-\Labor\UNION\Firefighters\Contracts\FR 2002 Contract Final doc Page 19 of 42 City of Kent harmless from any and all liability, claims, demands, suits or any other loss, damage, or injury to persons or property arising from or related to the provisions of this section. ARTICLE 14 - BEREAVEMENT LEAVE Bereavement leave shall be granted in accordance with City Policy. For purposes of clarification, shift employees may be granted two (2) twenty-four (24) hour shifts without charge to sick leave and may be granted up to three (3) additional shifts off with pay which shall be charged against accumulated sick leave. Employees notified of a death while on duty shall be immediately excused from work for the balance of the shift once authorization has been granted from the employee's proper chain of command. ARTICLE 15 - REIMBURSEMENT OF EXPENSES Employees shall be reimbursed in accordance with City Policy as now or hereafter amended by the City. Reimbursement for mileage will be based on actual odometer readings from the employee's work station to the destination and return to the work station. Approval of reimbursement shall be at the discretion of the Chief or designee. ARTICLE 16 - MANAGEMENT RIGHTS Any and all rights concerned with the management and operation of the Fire Department are exclusively that of the City unless otherwise provided by the terms of this agreement. The City retains the authority to adopt rules for the operation of the Department and conduct of its employees while on duty, provided such rules are not in conflict with the provisions of this agreement or with applicable laws. The City retains the right, among other actions, to discipline, suspend, or discharge employees for cause; to schedule hours of work, to determine the number of personnel to be assigned duty at any time, and to 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. P\Labor\UNION\Firefighters\Contracts\FR 2002 Contract Final doc Page 20 of 42 ARTICLE 17 - DISCIPLINE Section 17.1 Departmental Rules The City retains the right to adopt rules for the operation of the Kent Fire Department and the conduct of its employees while on duty. Section 17.2 Disciplinary Measures The parties agree that discipline is a function vested with the Chief of the Fire Department. Employees maybe disciplined or discharged for just cause in accordance with the Kent Fire Department Policies and Guidelines for discipline as currently exists or as amended in the future and incorporated by this reference. In the event there is a reason to cause disciplinary action against any employee, the written chargesshall be sent to the employee involved. The employee shall be entitled to have a union representative present during meetings with the employer where the employee believes that he/she may be subject to disciplinary action. Employees who believe that they have been disciplined in violation of the terms of the collective bargaining agreement shall have the right to grieve in accordance with Article 18 — Grievance Procedures. Section 17.3 Right of Privacy Subject to federal and state law, no information regarding any disciplinary action shall be released to anyone except the City or Union Executive Board unless mutually agreed upon in writing by the employee and the Chief. The employee shall have the right and responsibility to advise the Union when the employee has been subjected to disciplinary action. ARTICLE 18 - GRIEVANCE PROCEDURES Grievance is hereby defined as the question or challenge raised by an employee or the Union as to the correct interpretation or application of this agreement by the City. No action by the City shall be considered cause for grievance unless it is specifically alleged that such action represents an incorrect application of the terms of this agreement. For purposes of this article, working days shall be defined as Monday through Friday, exclusive of holidays. Grievances shall be resolved in the following manner: P•\Labor\UNION\Firefighters\Contracts\FR 2002 Contract Final.doc Page 21 of 42 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 25 (Retention of Benefits) is cited in the written grievance, then the written grievance (to the extent possible) shall include further information as to the timetable and circumstance(s) under which such benefit(s) became of generally prevailing nature for all employees of the bargaining unit. The parties agree that every effort shall be made to resolve all grievances at this level. Step 2 Grievances not settled within ten (10) working days shall be submitted to the Mayor or his/her designee, or at the Mayor's discretion to the City Council, for adjustment. A written decision shall be rendered within fifteen (15) working days from the date the grievance was first received by the Mayor. Copies of the decision shall be furnished to the employee and his/her representative. Step 3 If no satisfactory decision has been reached in Step 2, the grievance may within forty- five (45) calendar days then be filed for submission to Arbitration. The Arbitrator shall be a member or the American Arbitration Association, mutually selected. The fees and expenses of the arbitrator shall be divided equally between the City and the Union; provided, however, that each party shall be responsible for compensating its own witnesses. The arbiter's decision shall be based solely upon his/her interpretation of the facts of the grievance presented. The award and/or findings by the Arbitrator shall be binding upon all parties concerned. By mutual agreement the parties may elect to establish an Arbitration Board, which shall consist of a representative of the Union, a representative of the City and a member of the American Arbitration Association, mutually selected by the Union and the City. The chairman of the Board shall be the member of the American Arbitration Association. The fees and expenses of the arbitrator shall be divided equally between the City and the Union; provided, however, that each party shall be responsible for compensating its own witnesses. The Board's decision shall be based solely upon its interpretation of the meaning or application of the express terms of this agreement to the facts of the grievance presented. The award and/or findings by the Board shall be binding on all parties concerned. P\Labor\UNION\Firefighters\Contracts\FR 2002 Contract Final doc Page 22 of 42 ARTICLE 19 - INTEREST ARBITRATION The parties recognize and agree that the interest arbitration procedures contained in RCW 41.56 are applicable to this bargaining unit, and the parties agree to comply with those provisions. ARTICLE 20 - 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 other forum. Likewise, litigation or other contest of the subject matter in any other available forum shall constitute an election of remedies and a waiver of the right to arbitrate the matter. It is further understood, however, that an individual incident may give rise to alleged violations of contract or rights allowed by law that are separate points of violation. Nothing herein shall limit the right of the employee and/or Union from pursuing the violations in the forum deemed appropriate for each violation. ARTICLE 21 - LABOR/MANAGEMENT COMMITTEE Section 21.1 Mutual Concern There shall be a Department Labor/Management Committee consisting of representatives of the Union Executive Board and representatives of the Fire Administration (Fire Chief and Assistant Chiefs). The Fire Chief and the Union President shall attend the Labor/Management Committee meetings to the maximum extent practicable. It is also agreed that either party may add members to its Labor/Management committee when deemed appropriate. The Labor/Management Committee shall meet on a regular basis or as needed to discuss matters of mutual interest and/or concern pertaining to the improvement of the Department and the welfare of our employees. The purpose of the Committee is to deal with matters of general concern to members of the Department as opposed to individual complaints of employees. It is understood that the Committee shall function in a consultative capacity to the Fire Chief. Accordingly, the Committee will not discuss grievances properly the subject of the procedure outlined in Article 18 — Grievance Procedures, except to the extent that such discussion may be useful in suggesting P.\Labor\UNION\Firefighters\Contracts\FR 2002 Contract Final doc Page 23 of 42 improved Departmental policies. Section 21.2 Contract Modification Either the Union representatives or the City representatives may initiate discussion of any subject of a general nature affecting the operation of the Department or its employees to include alternative staffing models that meet the changing service demands and needs of the community. 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 Employee Services Director nor shall such terms or changes be made without review and approval of 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 the Union. ARTICLE 22 - JATC As a condition of employment, each member of the bargaining unit who is assigned to participate in the JATC program, must successfully complete the program within the time frames established by the Committee. The JATC Committee is empowered to make motions to notify the Fire Chief of apprentices who have not successfully completed the program within the time frames established by the Committee. In the event the JATC Committee notifies the Fire Chief that an apprentice is not, or has not successfully completed the program within the time frames established by the Committee; the Fire Chief may take appropriate corrective action, subject to current applicable Fire Department Policy and Procedures and Civil Service Rules and Regulations. To assist employees in meeting the training requirements, the JATC employees will be allowed time off during their regular duty shifts (not traded shifts) to attend classes required by the JATC program. Such time off shall not exceed 57 hours per year and shall not carry over from year to year. There shall be no compensation for hours not used each year. All requests for time off to attend classes 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. ARTICLE 23 - EDUCATION REIMBURSEMENT Section 23.1 Education Reimbursement The City recognizes the need to encourage and support educational opportunities for employees, subject to budgetary limitations. The City will reimburse personnel for P:\Labor\UNION\Firefighters\Contracts\FR 2002 Contract Final.doc Page 24 of 42 tuition costs incurred upon satisfactory (grade of"C" or better, or equivalent) completion of approved course work. Eligible costs include: A. Tuition; B. Books; and C. Fees associated with the course. If an employee is attending an accredited State institution, the employee shall be reimbursed based upon that institution's tuition schedule. If an employee is attending a non-State supported institution, the employee shall be reimbursed on the basis of the Institution with the lower cost. Section 23.2 Request for Class Approval The employee shall submit a request for approval to attend courses by May 1 st of each year for the next calendar year. The request shall include: A. Course list; B. Reason for taking the course; and C. Approximate cost. The Chief, or designee, will then review and approve the requests submitted for appropriateness. Once approved by the Chief, the total education reimbursement requests shall be included in the department annual budget request. Education reimbursement, JATC, and department training will be submitted through the budget process as separate requests. Once the department budget is approved through the budget process, the total funds available for education reimbursement will be proportionate to the total requests submitted. Once the budget is set, very few, if any, changes can be made. Interim changes will be considered by the Chief and acted on only if additional tuition reimbursement funds are available. Section 23.3 Class Attendance Employees who wish to attend classes offered by schools, colleges, universities, or other educational organizations must do so during their off-hours. In special cases, subject to department approval, an irregular work schedule may be arranged in order for an employee to attend courses that are not offered during off-hours. Hours spent by an employee while attending class or studying for such class during off-hours, will not be considered compensable hours. Section 23.4 Reimbursement Procedures A. If reimbursement is available through outside grant funds, or any other potential P\Labor\UNION\Firefighters\Contracts\FR 2002 Contract Final doc Page 25 of 42 source, then reimbursement shall be through that source. (Student loans shall not be considered outside funds for purposes of this section.) B. Upon completion of approved course work, the employee must prepare a request for reimbursement itemizing actual expenses incurred. The City will reimburse the employee for only those costs that have been approved, for which paid receipts are attached to the reimbursement request, and for which applicable budget is available. The reimbursement request must include: 1. A copy of the educational authorities' certificate of completion or grade report; and 2. Paid receipts for actual course costs. C. Employees requesting reimbursement must submit the request, with documentation, within thirty (30) calendar days following satisfactory (grade of "C" or better, or equivalent) completion of the approved course(s). Requests not received within thirty (30) days will not be considered for reimbursement, unless circumstances beyond the employee's control can be documented. ARTICLE 24 - SICK LEAVE Section 24.1 Employees Hired Prior to 10/1/77 - LEOFF I All sick leave benefits for "LEOFF I" personnel shall be in accordance with the Revised Code of Washington (RCW), provided however, that LEOFF I employees of the Kent Fire Department shall not be required to submit sick leave requests to the LEOFF Board for absences due to illness or injury that do not extend beyond three (3) consecutive working shifts/days. Sick leave requests for up to and including three (3) shifts/days of sick leave for any one occurrence shall be submitted to Fire Administration. Subsection 24.1.1 Sick Leave Accrual Fire personnel hired by the City prior to October 1, 1977 who qualify for benefits of LEOFF I under the RCW will not accrue sick leave. These employees will have up to six (6) months for any single illness or injury as approved by the LEOFF Board. Subsection 24.1.2 Sick Leave Usage Whenever a LEOFF I employee takes more than three (3) consecutive shifts/days off, a doctor's authorization and employee application for LEOFF disability will be required. Sick leave use up to and including three (3) consecutive shifts/days shall be covered by the City. P.\Labor\UNION\Firefighters\Contracts\FR 2002 Contract Final doc Page 26 of 42 Subsection 24.1.3 Requests for Doctor's Authorization 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. Subsection 24.1.4 Leave to Care for Sick Immediate Family Paid leave will be granted to any LEOFF I employee required to care for or attend to an immediate family member who is sick or temporarily incapacitated and requires the assistance of the employee. Such leave is not cumulative and shall not exceed three (3) shifts for 24-hour Shift personnel or five (5) days for Day shift personnel per calendar year. Section 24.2 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 24.2.1 Shift Employee For each month of continuous service during an employee's first forty-eight (48) months of employment, the employee shall accrue on an accelerated basis at the rate of twenty-four (24) hours of sick leave for each completed month. For each month of continuous service after the first forty-eight (48) months, the employee will resume the regular shift accrual rate of twelve (12) shift hours of sick leave per month. Subsection 24.2.2 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 24.2.3 Maximum Accumulation of Sick Leave The maximum accumulation of sick leave for any LEOFF II employee shall be 1,560 shift hours, and for any LEOFF II day shift employee shall be 1,040 day shift hours. P.\Labor\UNION\Firefighters\Contracts\FR 2002 Contract Final.doc Page 27 of 42 Subsection 24.2.4 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 24.3 Conversion of Sick Leave Hours Subsection 24.3.1 LEOFF I Employees When it is necessary to convert the sick leave allowance from shift equivalents to day shift equivalents, or vice versa, it shall be accomplished without loss of benefits by applying a formula which reflects the ratio of Shift to Days of 2:1. Subsection 24.3.2 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 = 1560 = 1.5 Day Shift Employee Maximum Accrual 1040 1.0 Section 24.4 Light Duty Assignment LEOFF 11 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 24.5 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 the employee's scheduled work period, and in accordance with Fire Department Policy. Section 24.6 Sick Leave LEOFF II Employees On Duty Inmury Leave Provision Employees injured on-duty and qualified for worker's compensation shall have their base salary maintained for a period not to exceed six (6) months. This shall be accomplished through a combination of worker's compensation time loss payment and the balance supplemented by the City. Such supplement shall not be charged against the employee's sick leave accrual. During the qualified disability, employees shall continue to accrue regular sick leave and annual leave credits. Further, during such disability the City shall continue to contribute at its pre-disability P\Labor\UNION\Firefighters\Contracts\FR 2002 Contract Final doc Page 28 of 42 level toward the employee's and dependents' medical and life insurance program. Section 24.7 Sick Leave Incentive Program Subsection 24.7.1 Shift Employees In order to provide an incentive for using sick leave only as necessary, employees shall be entitled to incentive pay for maintaining their sick leave balance at the following levels for Shift employees: Sick Leave Hours Amount of Cash Incentive 0 - 359 No Incentive 360 - 719 12 hours of base pay 720 - 1,079 24 hours of base pay 1,080 - 1,439 36 hours of base pay 1,440 - 1,560 48 hours of base pay Incentive pay would be granted in January of the following year. For the purposes of determining eligibility to receive incentive pay, an employee must have maintained the 360+, 720+, 1,080+, or 1,440+ accrual for the entire preceding calendar year. If an employee falls below one of the designated accrual levels, they will not be eligible for the corresponding incentive pay. However, they may be eligible for the lower level incentive pay if the lower level accrual was maintained for the entire calendar year. Subsection 24.7.2 Day Shift Employees In order to provide an incentive for using sick leave only as necessary, employees shall be entitled to incentive pay for maintaining their sick leave balance at the following levels for Day Shift employees: Sick Leave Hours Amount of Cash Incentive 0 - 239 No Incentive 240 - 479 8 hours of base pay 480 - 719 16 hours of base pay 720 - 959 24 hours of base pay 960 - 1,040 32 hours of base pay Incentive pay would be granted in January of the following year. For the purposes of determining eligibility to receive incentive pay, an employee must have maintained the 240+, 480+, 720+, or 960+ accrual for the entire preceding calendar year. If an employee falls below one of the designated accrual levels, they will not be eligible for the corresponding incentive pay. However, they may be eligible for the lower level incentive pay if the lower level accrual was maintained for the entire calendar year. P\Labor\UNION\Firefighters\Contracts\FR 2002 Contract Final doc Page 29 of 42 ARTICLE 25 - MILITARY LEAVE The City Policy on Military Leave of Absence, dated February 1, 1991, shall prevail on members of the Bargaining Unit for the duration of this agreement, with the following points of clarification: A. The City and Union agree that any employee of the Bargaining Unit who is a member of the Washington National Guard or any Federal Military Reserve Unit shall be granted military leave of absence from his or her duties with the City to perform any and all officially ordered military duties, for a combined period of time in any calendar year not to exceed the following: 1. Fifteen (15) work periods ("15 work days") if the individual is assigned to a "day shift" position; or 2. Nine (9) work periods ("9 shifts") if the individual is assigned to a twenty- four (24) hour shift position. B. For purposes of interpreting other provisions of the Policy relating to work days, nine (9) 24-hour Shifts shall be the same as fifteen (15) work days. Also, by this agreement, no additional "contract" between the City and the Employee shall be required as outlined in paragraph #2 of the Policy, and the provisions of this paragraph shall apply to all Bargaining Unit members. ARTICLE 26 - SHIFT TRADES Shift Trades for members of the bargaining unit shall be allowed on a rank for rank basis. Shift Trades are an agreement between two individuals and are on a voluntary basis. Requests for Shift Trades shall be completed and properly submitted 24 hours in advance. It is the responsibility of the two parties to insure that the Shift Trade is conducted in accordance with the Fire Department's Policy and Procedures and FLSA regulations. Further, Shift Trades shall not result in an increased net cost to the City, nor shall it have a significant impact on the workload of Fire Administration (eg., having to resolve disagreements between individuals). ARTICLE 27 - LOCAL UNION BUSINESS Section 27.1 Time off A. Up to three negotiation team members shall be allowed time off with pay to attend mutually scheduled negotiation and negotiation subcommittee meetings when the team member(s) are scheduled to work. Union negotiation team P•\Labor\UNION\Firefighters\Contracts\FR 2002 Contract Final.doc Page 30 of 42 members must provide a minimum of two (2) week days advance notice to Fire Administration of such scheduled meetings so that coverage may be arranged. B. 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 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. C. The City will allow the Union President or Vice-President (in the absence of the President) time off from work to attend scheduled meetings with the Chief on an as needed basis to discuss issues involving the Union, the City or Fire Administration. Section 27.2 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 27.3 Union Work Replacement A. 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. B. To assist the Union in controlling costs associated with Union activities and hirebacks, the City agrees to allow Union members to voluntarily donate up to six (6) hours of their vacation time annually to a pool of shared leave time to be used by Union Officials or designated representatives for official Union business. • Such donated time will be calculated and accounted for in accordance with the City's Shared Leave policy. • The maximum amount of accumulated shared leave time for this pool shall be two times the maximum annual donation allowed (2 x number of bargaining unit employees x 6 hours per employee). • Each Union Official or designated representative may use a maximum of 10 shifts (240 hours for a Shift employee or 80 hours for a Days employee) per P\Labor\UNION\Firefighters\Contracts\FR 2002 Contract Final.doc Page 31 of 42 calendar year of donated time for official Union business. • When shared pool time is used in accordance with current hireback procedures, the City shall charge the pool the cost of the Union Official or designated representative's absence or the cost of the hireback, whichever is greater. ARTICLE 28 - PERFORMANCE OF DUTY Nothing in this agreement shall be construed to give an employee the right to strike and no employee shall strike or refuse his assigned duties to the best of his ability. The Union agrees that it will not condone or cause any strike, slowdown, mass sick call, or any other form of work stoppage or interference to normal operation of the Kent Fire Department. ARTICLE 29 - RETENTION OF BENEFITS All rights, privileges, and working conditions enjoyed by the employees at the present time, which are not included in this agreement, shall remain in full force, unchanged, and unaffected in any manner during the term of this agreement unless changed by mutual consent; except in accordance with the following procedure: 1. Reduce the nature of the change in writing, including the reason(s) for such change, and then transmit it to the Union Executive Board; 2. The Union Executive Board shall respond within fifteen (15) working days to the proposed change; 3. Except for emergency, the Chief will not implement the change for at least thirty (30) days after the Union response so that adequate review of the Union response can be made. The above delay shall not apply if the Union is in mutual agreement with the change. If there is not a mutual agreement, the Chief will meet with the Union Executive Board to address the Union's concerns regarding the proposed change. The Union shall have the right to submit the matter to arbitration if the Union believes the change is in violation of any of the terms of this labor agreement. ARTICLE 30 - 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. P•\Labor\UNION\Firefighters\Contracts\FR 2002 Contract Final.doc Page 32 of 42 ARTICLE 31 - PERSONNEL FILES Personnel files maintained by the Fire Department and the City are the property of the City. Subject to federal and state law, the City agrees that the contents of the personnel files shall be kept confidential and shall restrict the use of any information in the files to internal use of the Fire Department and the City, for the management of the Department and its employees. The Mayor and City Director of Operations shall have the right to review all personnel files of members of the bargaining unit, and in such cases written notification shall be given to the affected employee. The personnel records held by the Civil Service Commission will not be subject to this proviso. Subject to federal and state law, it is further agreed that information obtained from personnel files shall be kept confidential, and the employee shall be advised of any other release of information contained in these files as a result of any due process or legal proceedings. Nothing in this section shall prevent an employee from viewing any of their personnel or medical files in their entirety. Such review shall be conducted in the presence of the Chief or his designee, or the Employee Services Director or staff, if such review is of human resource files. Materials, documents, or records will not be removed from the employee's files by the employee. Duplication of materials in the folder shall be done only by the Fire Chief, Employee Services Director, or their staff designees. The City shall make all reasonable attempts to restrict the use of full or partial social security numbers for other than necessary legal reporting. ARTICLE 32 - 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 33 - SUBSTANCE ABUSE POLICY Section 33.1 Policy The City and the Union recognize that drug use by employees would be a threat to the public welfare and the safety of department personnel. It is the goal of this policy to eliminate or absolve illegal drug usage through education and rehabilitation of the affected personnel. The use of alcoholic beverages or unauthorized drugs shall not be permitted at the City's work sites and/or while an employee is on duty nor shall an employee report for duty under the influence of alcohol or unauthorized drug. P.\Labor\UNION\Firefighters\Contracts\FR 2002 Contract Final.doc Page 33 of 42 While the City wishes to assist employees with alcohol or chemical dependency problems, safety is the City's first priority. Therefore, employees must not report for work or continue working if they are under the influence of, or impaired by, the prohibited substances listed in Sections 31.5 and 31.6 of this article. Employees participating in treatment programs are expected to observe all job performance standards and work rules. Section 33.2 Informing Employees About Drug and Alcohol Testing All employees shall be fully informed of this drug and alcohol testing policy. Employees will be provided with information concerning the impact of the use of alcohol and drugs on job performance. In addition, the City shall inform the employees on how the tests are conducted, what the tests can determine and the consequence of testing positive for drug use. No employee shall be tested before this information is provided to him/her. Employees who voluntarily come forward and ask for assistance to deal with a drug or alcohol problem shall not be disciplined by the City. The City encourages employees to seek treatment for drug and alcohol abuse voluntarily. To encourage employees to do so, the City makes available the Employee Assistance Program (E.A.P.). Any employee who notifies the City of alcohol or chemical abuse problems will be given the assistance offered to employees with any other illness. As with other illnesses, the City may grant sick leave, vacation leave or leaves of absence without pay for treatment and rehabilitation of drug and alcohol abuse. Any decision to voluntarily seek help through the Employee Assistance Program, or privately, will not interfere with an employee's continued employment or eligibility for promotional opportunities. Information regarding an employee's participation in the Employee Assistance Program will be maintained in confidence. Section 33.3 Employee Testing Unless otherwise required by federal law, employees shall not be subject to random urine testing or blood testing or other similar or related tests for the purpose of discovering possible drug or alcohol abuse. If the City has reasonable suspicion to believe an employee's work performance is impaired due to drug or alcohol use, the City may require the employee to undergo a drug and/or alcohol test consistent with the conditions set forth in this article. Reasonable suspicion for the purposes of this article is defined as follows: the City's determination that reasonable suspicion exists shall be based on specific, articulated observations concerning the appearance, behavior, speech or body odors of an employee and shall include, as a minimum, a written report documenting objective, measurable changes in an employee's work performance due to unauthorized drug or P.\Labor\UNION\Firefighters\Contracts\FR 2002 Contract Final doc Page 34 of 42 alcohol use by two (2) observers who have adequate opportunity to observe these changes. Section 33.4 Sample Collection The collection and testing of samples shall be performed only by a laboratory and by a physician or health care professional qualified and authorized to administer and determine the meaning of any test results. The laboratory performing the test shall be one that is certified by the National Institute of Drug Abuse (NIDA). The laboratory chosen must be agreed to by the Union and the City. The results of employee tests shall be made available to the Medical Review Physician. Collection of blood or urine samples shall be conducted in a manner which provides for the highest, reasonable degree of security for the sample and freedom from adulteration. Blood or urine samples will be submitted as per NIDA standards including the recognized chain of custody procedures. Employees have the right for Union and/or legal representation to be present during the submission of the sample. Employees shall not be witnessed while submitting a urine specimen. Prior to submitting to a urine or blood sample, the employee will be required to sign a consent and release form as attached to this article. A split sample shall be reserved in all cases for an independent analysis in the event of a positive test result. All samples must be stored in a scientifically acceptable preserved manner as established by NIDA. All positive confirmed samples and related paperwork must be retained by the laboratory for at least six (6) months or for the duration of any grievance, disciplinary action, or legal proceedings, whichever is longer. At the conclusion of this period, the laboratory's paperwork and specimen shall be destroyed. Tests shall be conducted in a manner to ensure that an employee's legal drug use and diet does not affect the test result. Section 33.5 Drug Testing The laboratory shall test for only the substances and within the limits as follows for the initial and confirmatory test as provided within NIDA standards. The initial test shall use an immunoassay test procedure, which meets the requirements of the Food and Drug Administration for commercial distribution. The following initial cutoff levels shall be used when screening specimens to determine whether they are negative for these five drugs or classes of drugs: INITIAL TESTING: Marijuana metabolites.............100 ng/ml Cocaine metabolites................300 ng/ml Opiate metabolites' .................300 ng/ml Phencyclidine............................25 ng/ml P\Labor\UNION\Firefighters\Contracts\FR 2002 Contract Final.doc Page 35 of 42 Amphetamines .....................1,000 ng/ml (1) If immunoassay is specific for free morphine, the initial test level is 25 ng/ml. If initial test results are negative, testing shall be discontinued, all samples destroyed and records of the testing expunged from the employee's files. Only specimens identified as positive on the initial test shall be confirmed using gas chromatography/mass spectrometry (GC/MS) techniques at the following listed cutoff values. CONFIRMATORY TESTING: Marijuana metabolites'..............15 ng/ml Cocaine metabolites2 ..............150 ng/ml Opiate metabolites Morphine ......................300 ng/ml Codeine........................300 ng/ml Phencyclidine............................25 ng/ml Amphetamines Amphetamine ...............500 ng/ml Methamphetamine........500 ng/ml (1) Delta-9-tetrahydrocannabinol-9-carboxylic acid (2) Benzoylecgonine If confirmatory testing results are negative, all samples shall be destroyed and records of the testing expunged from the employee's files. Drug test results gathered under this article will not be used in a criminal investigation or prosecution. Section 33.6 Alcohol Testing A breathalyzer or similar equipment shall be used to screen for alcohol use, and if positive, shall be confirmed by a blood alcohol test performed by a qualified laboratory. This screening test shall be performed by an individual properly qualified to perform the tests utilizing appropriate equipment. An initial positive alcohol level shall be 0.04 grams per 210 L. of breath. If initial testing results are negative, testing shall be discontinued, all samples destroyed and records of the testing expunged from the employee's files. Only specimens identified as positive on the initial test shall be confirmed using a blood alcohol level. Sample handling procedures, as detailed in Section 31.4, shall apply. A positive blood alcohol level shall be 0.04 grams per 100 ml of blood. If confirmatory testing results are negative, all samples shall be destroyed and records of the testing expunged from the employee's files. P.\Labor\UNION\Firefighters\Contracts\FR 2002 Contract Final doc Page 36 of 42 Section 33.7 Medical Review Physician The Medical Review Physician shall be chosen and agreed upon between the Union and the City and must be a licensed physician with a knowledge of substance abuse disorders. The Medical Review Physician shall be familiar with the characteristics of tests (sensitivity, specificity and predictive value), the laboratories conducting the tests and the medical conditions and work exposures of the employees. The role of the Medical Review Physician will be to review and interpret the positive test results. He/she must examine alternative medical explanations for any positive test results. This action shall include conducting a medical review with the affected employee, review of the employee's medical history and review of any other relevant biomedical factors. The Medical Review Physician must review all relevant medical records made available by the tested employee when a confirmed positive test result could have resulted from legally prescribed medication. Section 33.8 Laboratory Results The laboratory will advise only the employee and the Medical Review Physician of any positive results. The results of any positive drug or alcohol test can only be released to the City by the Medical Review Physician once he/she has finished review and analysis of the laboratory's test. Unless otherwise required by law, the City will keep the results confidential and shall not release them to the general public. Section 33.9 Testing Program Costs The City shall pay for all costs involving drug and alcohol testing as well as the expenses associated with the Medical Review Physician. The City shall also reimburse each employee for their time and expenses including travel incurred involving the testing procedure only. Section 33.10 Rehabilitation Program Any employee who tests positive for a substance listed in Sections 31.5 and 31.6 of this article shall be medically evaluated, counseled and treated for rehabilitation as recommended by the E.A.P. counselor. In the event the employee disagrees with the treatment recommended by the E.A.P. counselor, the employee may choose to obtain a second opinion from a qualified physician of his/her choice. Employees who complete a rehabilitation program may be re-tested randomly for one (1) year following completion of a rehabilitation program. An employee may voluntarily enter rehabilitation without a requirement or prior testing. Employees who enter the program on their own shall not be subject by the City to random re-testing. Employees will be allowed to use their accrued and earned leave for the necessary time off involved in the rehabilitation program. P.\Labor\UNION\Firefighters\Contracts\FR 2002 Contract Final doc Page 37 of 42 If an employee tests positive during the one (1) year period following completion of rehabilitation, the employee will be re-evaluated by an E.A.P. counselor to determine if the employee requires additional counseling and/or treatment. The employee will be solely responsible for any costs, not covered by medical benefits/insurance, which arise from this additional counseling or treatment. Section 33.11 Duty Assignment After Treatment If the duty assignment for an employee is modified or changed as a result of a rehabilitation program, then after an employee successfully completes his/her rehabilitation program, the employee shall be returned to the regular duty assignment held prior to the rehabilitation program. Once treatment and follow-up care is completed, and one (1) year has passed with no further violations of this article, the employee's personnel and medical files shall be purged of any reference to his/her drug problem or alcohol problem. Section 33.12 Right of Appeal The employee has the right to challenge the result of the drug or alcohol test and any discipline imposed in the same manner that he/she may grieve any other City action. Section 33.13 Union Held Harmless This drug and alcohol testing program was initiated at the request of the City. The City assumes the sole responsibility for the administration of this Article and shall be solely liable for any legal obligations and costs arising out of the provisions and/or application of this collective bargaining agreement relating to drug and alcohol testing. The Union shall be held harmless for the violation of any worker rights arising from the administration of the drug and alcohol testing program. P•\Labor\UNION\Firefighters\Contracts\FR 2002 Contract Final.doc Page 38 of 42 Section 33.14 Consent for Sampling and Release of Information Form CONSENT/RELEASE Subject to my rights under Article 31 of the Collective Bargaining Agreement between Local 1747 of the IAFF and the City of Kent, I consent to the collection of a urine/blood sample by and its analysis by for those drugs specified in the Collective Bargaining Agreement. The laboratory administering the tests will be allowed to release the results to the City of Kent only after the laboratory's results have been reviewed and interpreted by the Medical Review Physician. The information provided to the employer shall be only whether the tests were confirmed positive or were negative and not any other results of the test without my written consent. The laboratory is not authorized to release the results of this test to any other person without my written consent. I understand I have the right to my complete test results and that the laboratory will preserve the sample for at least six (6) months. I have the right to have this sample split and a portion tested at a second laboratory of my choice at my expense in the event the test results are confirmed positive. I understand that the City is requiring me to submit to this test as a condition of my employment and that alteration of the sample or failure to reasonably cooperate with the collection of a urine/blood sample will result in disciplinary action by the City. I understand that a confirmed positive test may result in a requirement that I undergo rehabilitation. By signing this consent form, I am not waiving any of my rights under any federal, state or local law, statute, constitution, ordinance, administrative rule or regulation or common law provision. I understand that I have the right to challenge any confirmed positive test result and any Employer action based thereon by filing a grievance under the Collective Bargaining Agreement. Date Employee Signature Witness P\Labor\UNION\Firefighters\Contracts\FR 2002 Contract Final doc Page 39 of 42 ARTICLE 34 - ENTIRE AGREEMENT Section 34.1 Entire Agreement The agreement expressed herein in writing, constitutes the entire agreement between the parties, and no oral statement shall add to or supersede any of its provisions. Section 34.2 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 34.3 Savings Clause The Union agrees that the City retains the right to re-open the agreement during the term of the agreement in the event of amendment to the Fair Labor Standards Act (FLSA) of implementation of or amendment to United States Department of Labor Regulations. It is understood that the re-opening of the contract pertains only to amendments implemented by law or regulations. If any article of this agreement, or any addendum hereto, should be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any article should be restrained by such tribunal of competent jurisdiction, the remainder of this agreement and addendum shall not be affected thereby, and the 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 35 - MERGER, CONSOLIDATION AND CONTRACTS FOR SERVICES The parties recognize in the case of any merger, consolidation or contracting for the core functions of Fire Protection, Prevention and Emergency Services by the City with any other agency, either party shall have the right to reopen this agreement for negotiation of any and all articles affected by the merger, consolidation, or contract for Fire Protection, Prevention and Emergency Services. The Union shall be contacted when the City is ready to seriously pursue such merger, consolidation, or contracting for services in order to discuss potential bargaining issues which may arise as a result. P.\Labor\UNION\Firefighters\Contracts\FR 2002 Contract Final doc Page 40 of 42 ARTICLE 36 - HEALTH AND PHYSICAL FITNESS FUND Each employee shall contribute, through payroll deduction, three dollars ($3.00) per month to the Kent Fire Department Health and Physical Fitness Fund. The City shall provide matching funds of six dollars ($6.00) per month per employee. The combined funds will be used for the purchasing and maintenance of the fitness equipment and materials to be placed in fire stations, as well as the education of the members. A Fire Department Health and Fitness Committee consisting of three (3) members appointed from the Union, and three (3) members appointed from the City shall meet to establish guidelines and protocol for the purchase or maintenance of all health and fitness equipment as well as the education of the members. The equipment purchased by such funds shall be the property of the City. ARTICLE 37 - PROMOTIONAL STANDARDS Selection of candidates to be appointed to a promotional position within the bargaining unit shall be from a certified register created from the testing process as established by Civil Service Rules. The Chief shall select from the top three eligible candidates on the register to fill each vacancy. If the Chief elects to pass over a higher-ranking candidate from among the top three candidates, then, if requested, the Chief shall provide a written statement to the passed-over candidate(s) stating, in general, the Chiefs reasons for not choosing the higher-ranking candidate(s). P•\Labor\UNION\Firefighters\Contracts\FR 2002 Contract Final.doc Page 41 of 42 ARTICLE 38 - DURATION OF AGREEMENT THIS AGREEMENT shall be in full force and effect from January 1, 2002 and shall continue through December 31, 2004. Signed this I q day of J Ula , 2002. CITY OF KENT FIREFIGHTERS LOCAL 1747, IAFF BY BY La- � Ji h e, Mayor G eg rkley, reside BY BY Sue Viseth, Employee Services Director Mike Moore, Secretary Approved as Negotiated: Approved as Negotiated: BY BY Anh Hoang, Negotia 'on Team Member Dan Conroy, Nego ation Team Member c BY BY Steve HamiVU, Negotiation Team Member Jeff Drake, Negot' tion Team br %enMak, BY Negoti ion Team Member Bob Loveless, N gotiation Tea Member Barzano, Negoti do Team Member Approved as to form: BYE 6j[ejA.-, Tom Brubaker, City Attorney Attest: BY renda Jacober, i Clerk P.\Labor\UNION\Firefighters\Contracts\FR 2002 Contract Final.doc Page 42 of 42 APPENDIX "A" SECTION ONE - SALARY SCHEDULE 1/1/02 Monthly 7/1/02 Monthly Salary Salary Firefighter- Probationary (75%) $3,998 $4,038 Firefighter - 3rd Class (84%) $4,478 $4,523 Firefighter - 2nd Class (91.5%) $4,878 $4,926 Firefighter- 1st Class (100%) $5,331 $5,384 Firefighter- 1st Class + 2% $5,438 $5,492 Firefighter- 1st Class + 4 $5,544 $5,599 Firefighter- 1st Class + 5% $5,598 $5,653 Firefighter - 1 st Class + 6% $5,651 $5,707 Lieutenant (112%) $5,971 $6,030 Lieutenant + 2% $6,090 $6,151 Lieutenant + 4% $6,210 $6,271 Lieutenant + 5% $6,270 $6,332 Lieutenant + 6% $6,329 $6,392 Battalion Chief (130%) $6,930 $6,999 Battalion Chief+ 2% $7,069 $7,139 Battalion Chief+ 4% $7,207 $7,279 Battalion Chief+ 5% $7,277 $7,349 Battalion Chief+ 6% $7,346 $7,419 The January 1, 2002 salary schedule above represents a three and nine-tenth percent (3.9%) increase over 2001 salary levels, which was equivalent to 100% of Seattle/Tacoma/Bremerton CPI-W percent increase for the period of June 2000 to June 2001. Effective July 1, 2002, the January 1, 2002 salaries shall be increased by one percent (1.0%). Effective January 1, 2003, the July 1, 2002 salaries shall be increased by 100% of the Seattle/Tacoma/Bremerton CPI-W percent increase for the period of June 2001 to June 2002. Effective January 1, 2004, the January 1, 2003 salaries shall be increased by 100% of the Seattle/Tacoma/Bremerton CPI-W percent increase for the period of June 2002 to June 2003. SECTION TWO - LONGEVITY - ELIGIBLE EMPLOYEES The following longevity pay shall be applied to the base salary rates, on a monthly P•\Labor\UNION\Firefighters\Contracts\FR 2002 Contract Final doc Page A - 1 basis, for employees who have completed the following continuous service requirements: Completion of 5 Years - 2% Completion of 10 Years - 4% Completion of 15 years - 5.0% Completion of 20 years - 6.0% Effective January 1, 2003, the following longevity pay shall be applied to the base salary rates, on a monthly basis, for employees who have completed the following continuous service requirements: Completion of 5 Years - 2% Completion of 10 Years - 4% Completion of 15 years - 6% Completion of 20 years - 7.5% Completion of 25 years - 8.5% SECTION THREE - SERVICE REQUIREMENTS In order to be eligible for the longevity pay, employees must have met the consecutive service requirements shown above. Longevity pay shall be included in the employee's gross pay for each pay period following the completion of the required service above. SECTION FOUR - PERCENTAGE RELATIONSHIPS The following relationships between ranks based on first class firefighter are hereby established for this labor agreement: 2002 2003 2004 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% Captain ................................................. 122.0% Battalion Chief ...................................... 130.0% 133.0% 136.0% SECTION FIVE -ASSIGNMENTS AND COMPENSATION Day Shift Differential Pay All employees assigned to Day Shift shall receive a Day Shift differential of three percent (3%). P:\Labor\UNION\Firefighters\Contracts\FR 2002 Contract Final doc Page A - 2 Assignment Pay The following work assignments may be made by the Fire Department Administration. Compensation shall be provided as follows and is reflected as a percentage of firefighter first class pay. Such compensation will only be provided during periods of assignment. Inspector........................................................................107% Plans Reviewer..............................................................107% Computer Services Coordinator.....................................107% Fire and Arson Investigator............................................111% *District Liaison..............................................................112% Employees assigned as Inspectors, Inspector Lieutenants, and Plans Reviewers are required to attain ICBO (or equivalent) Inspector Certification within eighteen (18) months of assignment. Officers assigned to the above assignments shall receive their rank's base pay in place of the above assignment premium pay. The current assignments of Training Officer and Public Educator/PIO shall be filled by a minimum rank of Lieutenant. * The District Liaison assignment will be selected through a process that includes a panel review of candidates and interview with the Chief. Candidates going before the panel shall do so voluntarily or as a result of being identified by Fire Administration as being a viable candidate. The panel shall consist of a minimum of three (3) people from inside and outside the department. The panel events and/or interview questions will be developed by Fire Administration in conjunction with Employee Services. The panel shall then recommend the top three (3) to five (5) qualified candidates to the Chief for interview. 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 Hazardous Materials Response Team and those who maintain EKG monitoring skills in accordance with King County and Washington State standards. When an employee qualifies for all specialty pays, the pays shall be cumulative. Specialty Pay EKG Monitoring ...................................... 1% of base monthly salary Hazardous Materials Response Team.... 3% of base monthly salary P.\Labor\UNION\Firefighters\Contracts\FR 2002 Contract Final.doc Page A - 3 SECTION SEVEN - CLOTHING ALLOWANCE Members of the bargaining unit who are normally assigned as Fire and Arson investigators shall receive, in addition to their standard uniform issue, an annual clothing allowance of$300.00. Such allowance shall be provided on a receipt and reimbursement basis. SECTION EIGHT - STANDBY DUTY PAY Employees formally placed on standby or on-call status, such as Fire Investigators, Duty Battalion Chiefs, or PIO, shall be compensated for this stand-by time at a rate of $50.00 for each day of stand-by duty. SECTION NINE - MATCHING DEFERRED COMPENSATION PLAN All Employees-- A. The City will contribute to each employee's voluntary deferred compensation program in the following manner: 1. Effective January 1, 2002, the City shall match each employee's contribution at a rate of two for one, up to a maximum City contribution of two percent (2%) of a first class Firefighter's annual base pay. 2. Effective January 1, 2003, the City shall contribute (without a match) at the rate of two percent (2%) of a first class Firefighter's annual base pay. 3. Effective January 1, 2004, the City shall contribute (without a match) at the rate of three percent (3%) of a first class Firefighter's annual base pay. B. The City's total annual maximum contribution will be calculated based on the pay rate established as of January 1 of each year, and that amount will then be divided and contributed over the twenty four (24) pay periods in the year. C. For 2002, in order to be eligible for this matching contribution, the employee's contribution must be at least one-half of the City's per pay period contribution. For example: If two percent (2%) of a first class fire fighter's base pay equals $1,279.44/year, this is divided by twenty-four (24) pay periods and the City's per pay period matching amount would be $53.31. The employee's per pay period minimum contribution would be $26.65. 1. If employee contributes $26.65/pay period, City will match $53.31/pay period. P.\Labor\UNION\Firefighters\Contracts\FR 2002 Contract Final doc Page A - 4 2. If employee contributes $100.00/pay period, City will match $53.31/pay period. 3. If employee contributes $20.00/pay period, City will match $0/pay period. D. New hires will be eligible to commence participation in the matching/City contributed deferred compensation program based on their date of hire. If an employee is hired between the 1st and 7th or the 16th and 22nd of the month, the employee will be eligible for the full matching amount of that pay period if he or she meets the matching criteria as stated in C above. If an employee is hired between the 8th and the 15th or the 23rd and the end of the month, the employee will not be eligible to participate in the matching program until the following pay cycle. The designated open enrollment period for a new hire for the initial employment year shall be the employee's first two weeks of employment with the Kent Fire Department. P-\Labor\UNION\Firefighters\Contracts\FR 2002 Contract Final doc Page A - 5 APPENDIX "B" The City shall be required to furnish the following clothing and equipment for each employee covered under this contract: DAY SHIFT DAY SHIFT WORK UNIFORMS PREVENTION OTHER SHIFT Shirts 5 5 4 Pants 5 5 4 Socks 6 pairs 6 pairs 6 pairs Shoes/Boots 1 pair 1 pair 1 pair Belt 1 1 1 Jacket 1 1 1 Nameplate (Plastic) 2 2 2 Sweater 1 1 1 DAY SHIFT DAY SHIFT DRESS UNIFORMS PREVENTION OTHER SHIFT Shirts 1 1 1 Pants 1 1 1 Blouse 1 1 1 Hat 1 1 1 Belt 1 1 1 Shoes 1 pair 1 pair 1 pair Tie 1 1 1 Nameplate (Metal) 1 1 1 DAY SHIFT DAY SHIFT PROTECTIVE EQMT PREVENTION OTHER SHIFT ZONE 1 Bunker pants 1 2 2 0 Bunker coat 1 2 2 0 Boots 1 pair 1 pair 1 pair 1 pair Helmet 1 1 1 1 Helmet Light 1 1 1 1 SCBA Mask 1 1 1 0 Gloves 2 pairs 2 pairs 2 pairs 1 pair Flashlight 1 1 1 1 Knife 1 1 1 1 Suspenders 1 pair 1 pair 1 pair 1 pair Nomex Hood 1 2 2 1 Carrying Bag, Large 1 1 1 1 P.\Labor\UNION\Firefighters\Contracts\FR 2002 Contract Final doc Page B - 1 APPENDIX "B", continued PROTECTIVE EQMT DAY SHIFT DAY SHIFT WILDLAND GEAR PREVENTION OTHER SHIFT Coat 1 1 1 Pants 1 1 1 Helmet 1 1 1 Protective Goggles 1 1 1 Gloves 1 pair 1 pair 1 pair Carrying Bag, Small 1 1 1 DAY SHIFT DAY SHIFT MISC. EQUIPMENT PREVENTION OTHER SHIFT Badges--Breast 2 2 2 Badges--Cap 1 1 1 Collar Insignia-FF 1 set 1 set 1 set Collar Insignia-LT 2 sets 2 sets 2 sets Collar Insignia-BC 2 sets 2 sets 2 sets T-shirts 2 2 2 Sweat shirt 1 1 1 Sweat pants 1 pair 1 pair 1 pair Athletic Shorts 1 pair 1 pair 1 pair Bed Sheets 2 2 2 Pillow with case 1 each 1 each 1 each In addition, at the employee's request, the City shall provide, on a biennial basis or less often as needed, prescription eyeglass lenses for use in personal SCBA masks issued to him/her. These lenses are to be provided in addition to any vision benefits available through medical benefits. When additional or replacement uniforms or protective equipment are required by the Department of Labor and Industries (L & 1), the City will furnish such clothing and/or equipment. In addition to the uniform/equipment above, Fire Investigators are provided coveralls and day boots. Both parties agree to work together during the life of this contract to research and determine possible alternative selection of uniforms for members of the bargaining unit. P.\Labor\UNION\Firefighters\Contracts\FR 2002 Contract Final.doc Page B - 2 APPENDIX "C" The following were mutually agreed as comparable jurisdictions during the negotiation of this Agreement. BELLEVUE EVERETT KING COUNTY F. D. #39 (FEDERAL WAY) KIRKLAND REDMOND KING COUNTIY FIRE DISTRICT 10 SNOHOMISH COUNTY FIRE DISTRICT 1 In addition to the seven jurisdictions above, the Union recognizes Tacoma and Renton as a comparable jurisdiction and the City does not. P.\Labor\UNION\Firefighters\Contracts\FR 2002 Contract Final doc Page C - 1