HomeMy WebLinkAboutES04-329 - Original - Kent Firefighters Local 1747, IAFF - 2003-2005 Assistant Chiefs Collective Bargaining Agreement COLLECTIVE BARGAINING AGREEMENT
BETWEEN
CITY OF KENT
AND
I.A.F.F. LOCAL 1747
Representing
KENT FIRE DEPARTMENT ASSISTANT CHIEFS
January 1, 2003 through December 31, 2005
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TABLE OF CONTENTS
TABLEOF CONTENTS...................................................................................................I
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..................................................1
SECTION 2.3 CONTRIBUTION IN LIEU OF DUES ................................................................. 1
SECTION 2.4 TIME LIMIT AND OPTIONS............................................................................2
SECTION 2.5 DUES DEDUCTION......................................................................................2
SECTION 2.6 NON-COMPLIANCE.....................................................................................2
SECTION 2.7 NOTIFICATION............................................................................................3
ARTICLE 3 - NON-DISCRIMINATION/AFFIRMATIVE ACTION.....................................3
ARTICLE 4 - SALARIES.................................................................................................3
SECTION4.1 WAGES.....................................................................................................3
SECTION4.2 LONGEVITY................................................................................................3
SECTION 4.3 DEFERRED COMPENSATION MATCH.............................................................3
SECTION 4.4 HEALTH AND PHYSICAL FITNESS FUNDS ......................................................4
SECTION 4.5 FEMA DEPLOYMENT..................................................................................4
ARTICLE 5 - HOURS OF WORK....................................................................................5
ARTICLE 6 - COMMUNITY SERVICE DUTIES..............................................................5
ARTICLE 7 - EXECUTIVE LEAVE..................................................................................5
ARTICLE 8 - TEMPORARY DETAIL TO HIGHER POSITIONS.....................................6
ARTICLE 9 - HOLIDAYS ................................................................................................6
SECTION 9.1 HOLIDAYS OBSERVED ................................................................................6
SECTION 9.2 DUTY CHIEF DUTY ON HOLIDAYS.................................................................6
ARTICLE10 -VACATION ..............................................................................................6
SECTION 10.1 VACATION ACCRUAL RATE........................................................................6
SECTION 10.2 VACATION/SENIORITY...............................................................................7
SECTION 10.3 REQUESTS AND PRIORITY FOR VACATION ..................................................7
Subsection10.3.1 Requests................................... .................... ................ ...... .................. .. ....... 7
Subsection 10.3.2 Minimum Hours.............................................. ................ .. ...... ................ .. ....... 7
SECTION 10.4 MAXIMUM ACCRUALS ...............................................................................7
• SECTION 10.5 VACATION ACCRUAL CARRYOVER .............................................................7
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ARTICLE11 - SENIORITY .............................................................................................a
SECTION 11.1 SENIORITY DEFINED.................................................................................8
SECTION 11.2 SENIORITY LISTS......................................................................................8
SECTION 11.3 LAY-OFFS...............................................................................................8
ARTICLE 12 - INSURANCE BENEFITS.........................................................................9
SECTION 12.1 LEGAL REQUIREMENTS.............................................................................9
SECTION 12.2 EMPLOYEE COVERAGE.............................................................................9
Subsection 12.2.1 LEOFF I Employees................... .. ............................................................ .. .... .. 9
Subsection 12.2.2 LEOFF Il Employees.............. ...... ..... .. ........................................ . .. ..... . .... 9
SECTION 12.3 PLANS OFFERED......................................................................................9
SECTION 12.4 DEPENDENT COVERAGE...........................................................................9
SECTION 12.5 CONTINUATION OF DEPENDENT MEDICAL.................................................10
SECTION 12.6 LIFE INSURANCE ....................................................................................10
SECTION 12.7 LONG TERM DISABILITY INSURANCE ........................................................10
SECTION 12.8 HEALTH CARE COMMITTEE .....................................................................10
SECTION 12.9 MEDICAL EXAMINATIONS.........................................................................11
SECTION 12.10 RETIREE MEDICAL SAVINGS PLAN......................................................... 11
ARTICLE 13 - BEREAVEMENT LEAVE.......................................................................12
ARTICLE 14 - REIMBURSEMENT OF EXPENSES.....................................................12
ARTICLE 15 - MANAGEMENT RIGHTS ......................................................................12
• ARTICLE 16 - DISCIPLINE...........................................................................................12
SECTION 16.1 DEPARTMENT RULES..............................................................................12
SECTION 16.2 DISCIPLINARY MEASURES.......................................................................12
SECTION 16.3 RIGHT OF PRIVACY.................................................................................13
ARTICLE 17 - GRIEVANCE PROCEDURES ...............................................................13
ARTICLE 18 - ELECTION OF REMEDIES...................................................................14
ARTICLE 19 - CONTRACT MODIFICATION................................................................15
ARTICLE 20 - SICK LEAVE .........................................................................................15
SECTION 20.1 SICK LEAVE ACCRUAL............................................................................15
Subsection 20.1.1 LEOFF I Employees.................................................... ....................... ............... 15
Subsection 20.1.2 LEOFF 11 Employees................................................... ......I............ .. ........ ...... 15
Subsection 20.1.3 Maximum Accumulation of Sick Leave........................ ..................... .. . ....... ... 16
SECTION 20.2 APPROVED USE OF SICK LEAVE..............................................................16
SECTION 20.3 REQUESTS FOR DOCTORS AUTHORIZATION.............................................16
SECTION 20.4 LIGHT DUTY ASSIGNMENT.......................................................................16
SECTION 20.5 NOTICE TO DEPARTMENT........................................................................ 16
SECTION 20.6 SICK LEAVE LEOFF II EMPLOYEES ON DUTY INJURY LEAVE PROVISION.....16
SECTION 20.7 SICK LEAVE INCENTIVE PROGRAM...........................................................17
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ARTICLE 21 - MILITARY LEAVE.................................................................................17
ARTICLE 22 - LOCAL UNION BUSINESS...................................................................18
ARTICLE 23 - UNIFORMS............................................................................................Is
SECTION 23.1 UNIFORMS ISSUED.................................................................................18
SECTION 23.2 DAMAGED UNIFORMS/VVORK CLOTHES REIMBURSEMENT..........................18
ARTICLE 24- PERSONNEL FILES .............................................................................18
ARTICLE 25 - PERFORMANCE OF DUTY..................................................................19
ARTICLE 26 - TAKE HOME VEHICLES ......................................................................19
ARTICLE 27 - SMOKE FREE WORK PLACE..............................................................19
ARTICLE 28 - SUBSTANCE ABUSE POLICY.............................................................19
SECTION28.1 POLICY .................................................................................................19
SECTION 28.2 INFORMING EMPLOYEES ABOUT DRUG AND ALCOHOL TESTING..................20
SECTION 28.3 EMPLOYEE TESTING...............................................................................20
SECTION 28.4 SAMPLE COLLECTION.............................................................................21
SECTION 28.5 DRUG TESTING......................................................................................21
SECTION 28.6 ALCOHOL TESTING.................................................................................22
• SECTION 28.7 MEDICAL REVIEW PHYSICIAN..................................................................22
SECTION 28.8 LABORATORY RESULTS ..........................................................................23
SECTION 28.9 TESTING PROGRAM COSTS.....................................................................23
SECTION 28.10 REHABILITATION PROGRAM...................................................................23
SECTION 28.11 DUTY ASSIGNMENT AFTER TREATMENT.................................................24
SECTION 28.12 RIGHT OF APPEAL................................................................................24
SECTION 28.13 UNION HELD HARMLESS.......................................................................24
SECTION 28.14 CONSENT FOR SAMPLING AND RELEASE OF INFORMATION FORM .............25
ARTICLE 29 - AVAILABILITY FOR DUTY CHIEF........................................................26
ARTICLE 30 - WAIVER OF RIGHTS - NON-BARGAINING ITEMS.............................26
ARTICLE 31 - SAVINGS CLAUSE...............................................................................26
ARTICLE 32 - ENTIRE AGREEMENT..........................................................................26
ARTICLE 33 - MERGER, CONSOLIDATION AND CONTRACTS FOR SERVICES....27
ARTICLE 34 - DURATION OF AGREEMENT..............................................................28
APPENDIX "A"— UNIFORMS AND EQUIPMENT.....................................................A-1
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. PREAMBLE
n i i n between the C' of Kent hereinafter referred to
This agreement s entered into by and betty City ,
as City) and Kent Firefighters Local 1747 of the International Association of Firefighters
(hereinafter referred to as Union).
It is the purpose of this document to set forth the entire agreement between the City
and the Union in regard to wages, hours and working conditions so as to promote
efficient and uninterrupted performance of Fire Department functions. It is also
intended to provide recognition for the rights and responsibilities of the City, Union and
employees. Wherever the male or female gender is used singularly in this agreement,
it shall be construed to include both male and female employees.
ARTICLE 1 - RECOGNITION OF THE BARGAINING UNIT
The City recognizes the Union as the exclusive bargaining representative of all regular,
full time, uniformed employees of the Kent Fire Department with the rank of Assistant
Chief, excluding confidential employees.
• ARTICLE 2 - UNION MEMBERSHIP
Section 2.1 Non-Discrimination
The City and the Union agree that all employees covered hereunder shall be
encouraged to become and remain members in good standing of the Union, and the
Union accepts its responsibility to fairly represent all employees in the bargaining unit
regardless of membership status. Neither party shall discriminate against any
employee on account of membership or non-membership in any labor union or other
employee organization.
Section 2.2 Membership Condition of Employment
It shall be a condition of employment that all employees covered by this agreement,
who are now members of the Union or 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
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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 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 Cityagrees to deduct from the paycheck of each employee who has so authorized
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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
Article. The City will remain responsible for its own errors in the administration of this
Article.
Section 2.6 Non-Compliance
The Union agrees that the City shall not terminate any employee for non-compliance
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 refused to comply.
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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-DISCRIMINATIONIAFFIRMATIVE 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 interferes with a bona fide
occupational requirement or qualification.
ARTICLE 4- SALARIES
Section 4.1 Wanes
A. Effective January 1, 2003, the Assistant Chief rank will be paid at the rate of
149% of the first class Firefighter base pay.
B. Effective January 1, 2004, the Assistant Chief rank will be paid at the rate of
• 149% of the first class Firefighter base pay.
C. Effective January 1, 2005, the Assistant Chief rank will be paid at the rate of
149% of the first class Firefighter base pay. If for any reason the Firefighters
contract is not settled by January 1, 2005 for the year 2005, the COLA (cost of
living adjustment) for Assistant Chiefs will be adjusted when the Firefighter
contract is settled, retroactive to January 1, 2005.
Section 4.2 Lonaevity
Longevity pay shall be applied to the base salary rate, on a monthly basis, for
employees who have completed the following continuous service requirements:
Completion of 5 years.............................................................2%
Completion of 10 years...........................................................4%
Completion of 15 years.:.........................................................6%
Completion of 20 years...........................................................7.5%
Completion of 25 years...........................................................8.5%
Section 4.3 Deferred Compensation Match
A. Effective January 1, 2003, the City will contribute (without a match) at the rate of
• two percent(2%) of the Assistant Fire Chiefs annual base pay.
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• Effective January 1, 2004, the City shall contribute(without a match) at the rate
of three percent (3%) of the Assistant Fire Chiefs 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.
In addition, the employee will make their participation choice within a two-week
annual enrollment period as designated by Employee Services. Changes to the
employee's portion of deferred compensation contributions may be made mid-
year, but the City's contribution will be set during the designated open enrollment
period.
C. New hires will be eligible to commence participation in the matching deferred
compensation program based on their date of hire. If an employee is hired
between the 1 st 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 B above. If an employee is hired between the 8th
and the 15t' 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.
Section 4.4 Health and Physical Fitness Funds
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. The equipment purchased
by such funds shall be the property of the City of Kent.
Section 4.5 FEMA Deglovment
Assistant Chiefs who participate as members the Urban Search & Rescue Task Force in
FEMA or reimbursable state mobilizations will be compensated fortheir time spent in such
activities. The employee's rate of pay during such deployment shall be at two times his/her
normal weekly pay rate multiplied by the number of weeks mobilized or deployed. This
double compensation rate will only apply to all full work weeks that qualify as reimbursable
time during the member's activation.
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ARTICLE 5 - HOURS OF WORK
Employees covered by this agreement may work one of the following schedules: Ten
(10) hours per day, four(4) consecutive days per week, exclusive of lunch periods; five
(5) day, forty(40) hour week; or nine (9) hours per day for five (5) days, followed by two
(2) days off, then nine (9) hours per day for four(4) days, followed by three (3) days off.
The determination of which schedule an employee will work shall be made by the Fire
Chief, considering workloads, weather conditions, daylight hours, commuting, the needs
of the department, etc. The affected employee, and the Union shall be notified fourteen
(14) calendar days in advance of such schedule changes.
ARTICLE 6 - COMMUNITY SERVICE DUTIES
It is important to the effective operation of the Kent Fire Department to have Assistant
Chiefs participate in community service activities and organizations. Such participation
and involvement in the community serves as an extension of the departments ability to
successfully deliver services to the community in relation to the Department Operating
Philosophy and guidelines. It also allows us to develop partnerships with the citizens to
create a safe community.
To this end, the parties agree to the following:
1. Employees of the bargaining unit are strongly encouraged to participate in
a community service organization, program or other activity which serves
the citizens of Kent, as approved by the Chief.
2. For those employees agreeing to participate in community service
organizations, programs or activities, the City agrees to pay annual
membership fees and weekly meal cost (for lunch/dinner) associated with
these organizations, programs or activities. These expenses are
reimbursed by receipt and reimbursement.
ARTICLE 7 - EXECUTIVE LEAVE
It is recognized that employees will be required to spend additional time over and above
their regular workweek engaged in activities for the City. Since the employees do not
receive FLSA overtime, the parties agree that each member of the bargaining unit shall
receive executive leave time each year in lieu of overtime/standby pay in the amount of
100 hours per year, which shall be pro-rated for new and separating members.
Employees shall have the option of cashing out unused executive leave twice a year.
The first half('/2) of the unused executive leave would be cashed out at the end of June
(66 payroll, which is the July 5"' paycheck). Employees who wish to have their leave
cashed out on July 5"' must provide written notification of such to Fire Administration by
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June 200.
The second half('/2) of the unused executive leave would be cashed out on the
December 5t' paycheck(11 B payroll). Notification for cash out on December 5"' would
be due to Fire Administration by November 15th.
Unused executive leave may also be carried over from year to year. The maximum
cant' over limit is 160 hours. It is understood that this agreement shall be interpreted
and applied in a manner, which will ensure, to the fullest extent possible, the continued
exempt status of the Assistant Chiefs.
ARTICLE 8 - TEMPORARY DETAIL TO HIGHER POSITIONS
An employee covered under this agreement, who is detailed by the Fire Chief or
designee, or the City, to temporarily fill the position of Fire Chief for a period of one full
work week or more, shall be paid ten percent(10%) premium over his/her base pay, not
to exceed the maximum of the Fire Chiefs base pay range. Pay shall commence from
time of detail to the higher position.
ARTICLE 9 - HOLIDAYS
• Section 9.1 Holidays Observed
Employees of this bargaining unit shall observe holidays in accordance with City Policy.
Effective January 1, 2003, employees shall receive an additional "Personal Holiday", for
a total of two (2) personal holidays per year.
Section 9.2 Duty Chief Duty on Holidays
In the event an employee covered under this agreement is assigned the role of"Duty
Chief' during an "observed City holiday," that employee shall be granted four (4) hours
of additional annual leave.
ARTICLE 10 -VACATION
Section 10.1 Vacation Accrual Rate
Vacation accrual rates for Assistant Chiefs shall be as follows:
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Employee Earns Employee Earns
Year of Service 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 24' 14.67 hours 22 days
25t' and thereafter 15.34 hours 23 days
Section 10.2 Vacation/Seniority
Employees shall work together and with the Chief to coordinate their vacation choices
so as to minimize the impact on th a City and other members of the bargaining unit.
Vacation requests must be approved by the Fire Chief.
Section 10.3 Requests and Priori PrIoritv for Vacation
Subsection 10.3.1 Requests
All requests for vacation will be made at least eight(8) hours prior to the beginning of
the time for which leave is requested. Exceptions may be granted where necessary.
• Subsection 10.3.2 Minimum Hou
Due to the exempt status of the A sistant Chiefs under FLSA, the minimum number of
hours allowed to be taken on vacE tion or executive leave shall be eight (8). Time off in
increments of less than eight (8) t Durs must be approved by the Fire Chief, but will not
be deducted from employees' tim4 isheets.
Section 10.4 Maximum Accrual
Maximum accruals for vacation leave (a.k.a. annual leave) shall be 240 hours.
Accrued annual leave may be converted to cash at termination if the employee has
been employed for at least six (6) consecutive months.
Section 10.5 Vaca ion Accrual Carrvover
It shall be the employee's responE ibility to insure that accrued vacation hours stay
below the maximum accruals set rth in Section 10.4; provided, employees may
exceed maximum accruals during a calendar year, but shall be at or below the
maximum accruals as of January 1 of the following year.
• To this end, the City shall schedule vacation leave so that it results in the maximum
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opportunity for the employee to utilize vacation time off with pay in order that the
• employee may stay below the maximum. Accruals will be reviewed on December 31 of
each year.
This shall not prohibit the carryover of vacation leave beyond the maximum on an
exceptional basis for the purposes of extended travel or extenuating circumstances at
the request of the employee and written authorization of Fire Administration. Each
request shall be reviewed on a case-by-case basis and shall not serve as a precedent
for subsequent requests.
ARTICLE 11 - SENIORITY
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Section 11.1 Seniority Defined
Seniority for all purposes, unless otherwise specified within this agreement, shall be the
length of continuous service as a full-time Civil Service employee in 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 11.2 Seniority Lists
Seniority lists shall be kept current and shall be available in the work areas of those
employees covered by this agreement. Employees having the same length of
continuous service will be placed on the seniority lists in the order that their names
appeared on the Civil Service eligibility lists.
Section 11.3 Lay-Offs
It is the inherent right of the City to determine if and when it is in the best interest of the
City to lay-off or reduce in force.
The order of layoff shall be determined by job classification or rank. The Chief shall
determine the classification/rank in which layoffs shall occur.
If the affected employee held a position in the Kent Fire Department prior to their
promotion to the affected rank, then the employee shall bump down to the rank held
immediately prior to promotion.
A separate list of laid off personnel shall be kept in order of seniority for future hiring.
When authorization is given to fill a position, the personnel on the laid off list shall have
precedence over any applicable Civil Service Entry List. If a person is offered a position
• in their former position class, but declines to accept it, that name will be removed from
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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/employees bumped down in rank as a
result of layoffs. These lists shall be administered, (e.g. life of list, removal of names),
the same as the layoff list with the most senior to the promoted class being promoted
first. These lists shall take precedence over new Civil Service candidate promotional
lists.
ARTICLE 12 - INSURANCE BENEFITS
Section 12.1 Leaal Requirements
The City shall provide medical coverage of LEOFF I employees as required by law.
Section 12.2 Employee Coverage
Subsection 12.2.1 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 12.2.2 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 12.3 Plans Offered
The following health care plans will be offered to eligible employees:
1. Premera Blue Cross to include the cost containment features implemented
on January 1, 2001; and
2. Group Health Cooperative (HMO) and VSP Vision Plan including any benefit
plan changes made by Group Health Cooperative.
The City reserves the right to change carriers based upon comparable benefits and
cost-effectiveness of such a change.
Section 12.4 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
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and conditions imposed by the carder. Employees shall pay the following amounts
• towards dependent coverage effective January 1, 2003:
Blue Cross Enhanced Prudent Buyer(PPO) Plan:
Employee Only .00/mo.
Employee/Spouse 27.00/mo
Employee/Child(ren) 23.00/mo.
Employee Family 44.00/mo.
Group Health/Blue Cross Dental/VSP Vision Plan:
Employee Only .00/mo.
Employee/Spouse 25.00/mo.
Employee/Child(ren) 15.00/mo.
Employee Family 65.00/mo.
If the negotiations between the City and the Firefighters unit result in a change in
employee premium contributions which differ from the premiums above, any such
change shall apply to the employees of this unit. The City shall give the Assistant
Chiefs at least 30 days notice prior to implementation of any such change.
Dependent premiums for future years shall be negotiated at the Health Care Task
Force. If no such agreement is reached, either party may, within thirty(30) days, reopen
this agreement for the sole purpose of negotiating dependent care premiums.
• Section 12.5 Continuation 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 12.6 Life Insurance
The City shall pay the entire premium of double indemnity group life coverage for each
eligible member of the bargaining unit. The amount of coverage will be equal to the
employee's annual base salary, up to a maximum of$50,000 per employee.
Section 12.7 Lona 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.
Section 12.8 Health Care Committee
The Union will designate two representatives to participate in the Health Care
Committee.
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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 12.9 Medical Examinations
The Department's adopted health maintenanceprogram or a modification thereof
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includes a physical fitness program as well as a program of regularly scheduled medical
evaluations based on the risk level of employees. The program shall allow members of
the bargaining unit to request a medical evaluation by the Department physician if in
their opinion the need arises. Upon request, the Department physician shall perform an
examination reasonable and appropriate for the condition causing the request.
Subject to Federal and State laws, the results of this examination shall be kept
confidential by the physician, the Fire Chief or designee, and the Human Resources
Director or Human Resources staff. Prior to notifying the Fire Department of the results
of the examination and any tests conducted, the employee shall be notified of the same
in a timely manner, unless in the physician's opinion, immediate notification of the
Department is necessary. Subject to federal and state laws, no information shall be
released to any other party without prior written permission by the employee, for each
requested release of information. The Department shall also be bound by these
• privacy provisions. The physician shall only be allowed to provide to the Department
information that relates to the employee's medical fitness for duty according to the
adopted medical standards of the Department.
Section 12.10 Retiree Medical Savinas Plan
The Union shall have the option to reduce the base salaries for all classifications
covered by the collective bargaining agreement by an amount to be specified by the
Union. At which time, the City of Kent shall commence making semi-monthly
deductions from specified employees' payroll and send the aggregate amount of the
reduction/deduction 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
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.
P TUBLICIaboAUNIOMFIREASSM003 Neg1FA 2003 Contract Final doc Page 11 of 28
I g
ARTICLE 13 - BEREAVEMENT LEAVE
Bereavement leave shall be granted in accordance with City policy. Employees notified
of death while on duty shall be immediately excused from work for the balance of the
day.
ARTICLE 14- REIMBURSEMENT OF EXPENSES
Employees shall be reimbursed in accordance with City Policy as now or hereafter
amended by the City. The City shall reimburse employees for all previously approved
expenses incurred for department-related business.
ARTICLE 15 - 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 just
cause, to schedule hours of work, to determine the number of personnel to be assigned
• duty at any time, and to perform all other actions and functions not otherwise
specifically and expressly limited by this agreement.
It is further recognized that the City's fire command group works together closely, and
that this results in the frequent exchange and sharing of tasks between the Assistant
Chiefs and others in the Fire Department management group. The Fire Department
management group shall consist of the Fire Chief, Assistant Chiefs and Battalion
Chiefs. The parties agree that this sharing of tasks and responsibilities is beneficial,
and that the City fire command group may continue to operate in this fashion.
ARTICLE 16 - DISCIPLINE
Section 16.1 Department Rules
The City retains the right to adopt rules for the operation of the Kent Fire Department
and the conduct of its employees, while on duty.
Section 16.2 Disciplinary Measures
The parties agree that discipline is a function vested with the Chief of the Fire
Department. Employees may be disciplined or discharged for just cause. In the event
• there is just cause to take disciplinary action against any employee, the charges, in
P.IPUBLIC\abor\UNIONIFIREASSM003NeOA3003Contract Final doc Page 12 Of 28
writing, shall 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 the
Grievance Article contained herein.
Section 16.3 Riaht of Privacy
Subject to federal and state law, no information regarding any disciplinary action shall
be released to anyone except the City, or the Union Executive Board, unless mutually
agreed upon in writing by the employee and the Fire Chief. The employee shall have
the right and responsibility to advise the Union when the employee has been subject to
disciplinary action.
ARTICLE 17 - GRIEVANCE PROCEDURES
Grievance is hereby defined as the question or challenge raised by an employee or the
Union as to the correct interpretation or application of this agreement by the City. No
• action by the City shall be considered cause for grievance unless it is specifically
alleged that such action represents an incorrect application of the terms of this
agreement or rights allowed by law. For purposes of this Article, working days shall be
defined as Monday through Friday, exclusive of holidays. Grievances shall be resolved
in the following manner.
Step 1 All grievances shall be reduced to writing and submitted to the Fire Chief by
the appropriate union representative within fifteen (15) working days of the
occurrence giving rise to such grievance. The date of the occurrence giving
rise to such grievance shall be included within the fifteen (15) day period.
The written grievance shall include a statement as to the Article(s),
Section(s), of the agreement allegedly violated, facts giving rise to the
grievance and remedy sought. In the event Article 25 (Retention of Benefits)
is cited in the written grievance, then the written grievance (to the extent
possible) shall include further information as to the timetable and
circumstance(s) under which such benefit(s) became of generally prevailing
nature for all employees of the bargaining unit. The parties agree that every
effort shall be made to resolve all grievances at this level.
Step 2 Grievances not settled within ten (10) working days shall be submitted to the
Mayor or his designee, or at the Mayor's discretion to the City Council, for
• review. The date that the grievance is received by the Fire Chief shall be
P TUBLICLL.aborLLINIOMFIREASSTV003 Neg1FA 2003 Contract Final.doc Page 13 of 28
included in the ten (10)day period. A written decision shall be rendered
within fifteen (15)working days from the date the grievance was first received
by the Mayor. Copies of the decision shall be furnished to the employee and
his representative.
Step 3 If no satisfactory decision has been reached in Step 2, this grievance may
within forty-five (45) calendar days be filed for submission to arbitration. The
arbitrator shall be a member of the American Arbitration Association, mutually
selected. The fees and expenses of the arbitrator shall be divided equally
between the City and the Union; provided, however, that each party shall be
responsible for compensating its own witnesses. The arbitrator's decision
shall be based solely upon his interpretation of the facts of the grievance
presented. The award and/or findings by the arbitrator shall be binding upon
all parties concerned.
By mutual agreement the parties may elect to establish an arbitration board that shall
consist of a representative of the Union, a representative of the City and a member of
the American Arbitration Association, mutually selected by the Union and the City. The
fees and expenses of the arbitrator shall be equally divided between the City and the
Union; provided, however, that each party shall be responsible for compensating its
own witnesses. The Board's decision shall be based solely upon its interpretation of
the meaning or application of the express terms of this agreement to the facts of the
grievance presented. The award and/or finding by the Board shall be binding on all
• parties concerned.
ARTICLE 18 - 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 16) or grievances (Article
17).
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.
•
PAPUBLICIabo6UNIOMFIREASST12003 NeOA 2003 Contract Final.doc Page 14 of 28
ARTICLE 19 - CONTRACT MODIFICATION
Either the Union representatives or the City representatives may initiate discussion of
any subject of a general nature affecting the operation of the Department or its
employees. However, at any session which involves the interpretation or application of
the terms of this agreement, or any contemplated modifications thereof, no such terms
or changes shall be made without the review and written approval of the Human
Resources Director nor shall such terms or changes be made without review and
written approval of the Union. Nothing in the section shall be construed to limit, restrict,
or reduce the management prerogatives outlined in this agreement. The provisions of
this section may only be used by mutual agreement of the City and the Union.
ARTICLE 20 - SICK LEAVE
I
Section 20.1 Sick Leave Accrual
Subsection 20.1.1 LEOFF I Employees
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 three (3) days sick leave
• for any one occurrence shall be submitted to Fire Administration.
LEOFF I employees will not accrue sick leave for personal injury or illness. These
employees will have up to six(6) months for any single illness or injury as approved by
the LEOFF Board.
LEOFF I employees shall accrue eight(8) hours of sick leave per month for use to care
for family members in accordance with FMLA or City Policy.
Subsection 20.1.2 LEOFF II Employees
Newly hired Assistant Chiefs that are hired from outside of the City of Kent will be given
96 hours of sick leave upon their date of hire. They shall accrue eight(8) hours per
month in addition to the initial 96 hours during the first twelve (12) months of
employment with the City. During the thirteenth (131')to twenty-fourth (24th) months,
the employees shall accrue sixteen (16) hours per month. On the twenty-fifth (25th
month and thereafter, the employees shall accrue eight (8) hours per month.
Those employees covered by this agreement who are not hired directly from the outside
shall accrue eight(8) hours of sick leave per month.
I
P.IPUBLIMLaboAUNIOWIREASSM003 N%\FA 2003 Contract Final.doc Page 15 of 28
Subsection 20.1.3 Maximum Accumulation of Sick Leave
• The maximum accumulation of sick leave for any LEOFF I employee shall be 480
hours. The maximum accumulation of sick leave for any LEOFF II employee shall be
II
1,040 hours.
Section 20.2 Approved Use of Sick Leave
Sick leave accruals may be used for personal illness/injury or to care for family
members in accordance with the City's Sick Leave and FMLA policies.
Whenever a LEOFF I employee takes three (3) consecutive days off, a doctor's
authorization and application for LEOFF disability will be made. Sick leave use up to
three (3) consecutive days shall be covered by the City.
Whenever a LEOFF II employee takes three (3) consecutive days off, a doctor's
authorization may be required. However, the LEOFF I exclusions shall not apply to
LEOFF II members.
Section 20.3 Requests for Doctor's Authorization
Nothing herein will undermine the City's right to request a doctor's authorization for
leave of less than three (3) consecutive days, when a pattern of sick leave usage
• adverse to the interest of the City develops.
Section 20.4 Light Duty Assignment
LEOFF II employees who are disabled may be assigned to limited duty by the City
when it is determined that an employee can perform productive work for the City.
Section 20.5 Notice to Department
Whenever an employee takes sick leave, the employee will give the Fire Department at
least one (1) hour notice prior to the start of their scheduled work period, and in
accordance with the Fire Department policy.
Section 20.6 Sick Leave LEOFF II Employees on Duty Injury Leave Provision
Employees injured on duty and qualified for workers' compensation shall have their
base salary and benefits as provided for within this collective bargaining agreement
maintained for a period not to exceed six(6) months. This shall be accomplished
through a combination of workers' compensation time loss payment and the balance
supplemented by the City. Such supplement shall not be charged against the
employee's sick leave accrual. During the six-month supplemental period, employees
shall continue to accrue sick leave and annual leave benefits.
•
PAPUBLICUabMUNIONIFIREASSM003 Neg1FA 2003 Contract Final.doc Page 16 of 28
If the employee is unable to return to duty at the end of the six-month supplemental pay
period, the provisions of RCW 51 and City Policy 6.2 (or any revisions thereof) shall
apply.
During the employee's entire workers' compensation disability period, the City shall
continue to contribute toward the employee's and dependents' medical and life
insurance program as required by State law. The employees shall be responsible for
their portions of these benefit premiums per the collective bargaining agreement.
Questions regarding this section of the contract, clarification or interpretation shall be
referred to the Employee Services Director in writing.
Section 20.7 Sick Leave Incentive Proaram
In orderto provide an incentive for using sick leave only as necessary, effective January 1,
2001, LEOFF II employees shall be entitled to incentive pay for maintaining their sick leave
balance at the following levels:
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.
ARTICLE 21 - MILITARY LEAVE
The City policy on military leave of absence, dated February 1, 1991, shall prevail on
members of the bargaining unit for the duration of this agreement, with the following
point of clarification.
The City and the Union agree that any employee of the bargaining unit who is a
member of the Washington National Guard or any federal military reserve unit shall be
granted military leave of absence from their duties with the City to perform any and all
officially ordered military duties, for a combined period of time in any calendar year not
to exceed fifteen (15)work periods (15 work days). Also, by this agreement, no
• additional "contract" between the City and the employee shall be required as outlined in
P.PPUBLIC\Labor1UN10N\FIREASSTV003 NegXFA 2003 contract Final doc Page 17 of 28
paragraph No. 2 of the policy, and the provisions of this paragraph shall apply to all
• bargaining unit members.
ARTICLE 22 - LOCAL UNION BUSINESS
Employees who are Union officials or designated representatives shall be granted time
off without suffering loss of pay for processing grievances through the third step of the
grievance process as outlined in Article 16. In addition, time off for attending
negotiation sessions with the City will be allowed.
ARTICLE 23 - UNIFORMS
Section 23.1 Uniforms Issued
The City shall require, furnish, and provide other-than-normal maintenance of the
clothing and equipment shown in Appendix A for each employee covered by this
agreement. The employee shall provide for all normal maintenance and cleaning in
accordance with manufacturer's directions.
Section 23.2 Damaned Uniforms/Work Clothes Reimbursement
• Employees shall receive in addition to their standard uniform issue, an annual
reimbursement of up to $300 for expenses incurred to repair or replace damaged work
clothing.
ARTICLE 24 - PERSONNEL FILES
Personnel files maintained by the Fire Department and the City are the property of the
City. Subject to federal and state law, the City agrees that the contents of the personnel
files shall be kept confidential and shall restrict the use of any information in the files to
the internal use of the Fire Department and the City, for the management of the
Department and its employees. The Mayor and the City Chief Administrative Officer
shall have the right to review all personnel files of the members of the bargaining unit,
and in such cases written notification shall be given to the affected employee. The
personnel records held by the Civil Service Commission will not be subject to this
proviso. Subject to federal and state law, it is further agreed that information obtained
from personnel files shall be kept confidential, and the employee shall be advised of
any other release of information contained in these files as a result of any due process
or legal proceedings. Nothing in this section shall prevent an employee from viewing
any of their personnel or medical files in their entirety. Such review shall be conducted
in the presence of the Chief or his designee, or the Human Resources Director or staff,
if such review is of human resource files. Materials, documents, or records will not be
• removed from an employee's files by the employee. Duplication of materials in the
P•1PUBLICILabor\UNIONIFIREASST12003 Ne91FA 2003 Contract Final doc Page 18 of 28
folder shall be done only by the Fire Chief, Human Resources Director, or their staff
designees.
ARTICLE 25 - PERFORMANCE OF DUTY
Nothing in this agreement shall be construed to give an employee the right to strike and
no employee shall strike or refuse their assigned duties to the best of their ability during
the term of this agreement. The Union agrees that it will not condone or cause any
strike, slowdown, mass sick call, or any other form of work stoppage or interference to
normal operation of the Kent Fire Department during the term of this agreement.
ARTICLE 26 - TAKE HOME VEHICLES
Take home vehicles shall be assigned by the Fire Chief based on operational needs of
the Fire Department.
ARTICLE 27 - SMOKE FREE WORK PLACE
In the event a smoke free policy is adopted by the City during the term of this
agreement, the City is willing to offer the members in the bargaining unit an opportunity
• to take advantage of smoking cessation classes, at the City's expense, before
implementation of a smoke free work place policy. Such classes will be scheduled in
such a manner as to allow employees to attend the full class schedule on their personal
time.
ARTICLE 28 - SUBSTANCE ABUSE POLICY
This Article establishes the procedure for drug and alcohol testing and shall apply to all
employees covered by this bargaining agreement.
Section 28.1 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 illegal drug usage through education and rehabilitation of the affected
personnel. The use of alcoholic beverages or unauthorized drugs shall not be
permitted at the City's work sites and/or while an employee is on duty nor shall an
employee report for duty under the influence of alcohol or unauthorized drug.
While the City wishes to assist employees with alcohol or chemical dependency
problems, safety is the City's first priority. Therefore, employees must not report for
• work or continue working if they are under the influence of, or impaired by, the
P 1PUBLIM aboAUNIONT REASSM003 NegfA 2003 contract Final doc Page 19 Of 28
prohibited substances listed in Sections 27.5 and 27.6 of this article. Employees
• participating in treatment programs are expected to observe all job performance
standards and work rules.
Section 28.2 Informina 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 28.3 Employee Testina
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, at a minimum, a written report documenting objective,
measurable changes in an employee's work performance due to unauthorized drug or
alcohol use by two (2) observers who have had an adequate opportunity to observe
these changes.
PAPUBUCM-aboAUNIOMFIREASSTM03 Neg1FA 2003 Contract Final.doc Page 20 of 28
Section 28.4 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 that 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 the consent
and release form incorporated into Article 28.14 of this agreement.
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 28.5 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 that meets the requirements of the Food and Drug
Administration for commercial distribution. The following initial cutoff levels shall be
used when screening specimens to determine whether they are negative for these five
drugs or classes of drugs:
INITIAL TESTING
Marijuana metabolites ................................................. 100 ng/ml
Cocaine metabolites.................................................... 300 ng/ml
Opiate metabolites'...................................................... 300 ng/ml
Phencyclidine .............................................................. 25 ng/ml
Amphetamines............................................................. 1000 ng/ml
(1) If immunoassay is specific for free morphine, the initial test level is 25 nglml.
•
P:IPUBLICU.abor\UNIONIFIREASST12003 Neg1FA 2003 Contract Final.doc Page 21 of 28
If initial test results are negative, testing shall be discontinued, all samples destroyed
. and records of the testing expunged from the employee's files. Only specimens
identified as positive on the initial test shall be confirmed using gas
chromatography/mass spectrometry(GC/MS) techniques at the following listed cutoff
values.
CONFIRMATORY TESTING
Marijuana metabolites' ................................................ 15 ng/ml
Cocaine metabolites 2................................................... 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) Benzoy/ecgonine
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 28.6 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 ex un ed from the files.
Section 28.7 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
PAPUBLICLLaboAUNIONFIRMSM003 Neg\FA 2M Contract Final.doc Page 22 of 28
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 28.8 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 28.9 Testing Prouram 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 his or her time and expenses including travel incurred involving the
testing procedure only.
Section 28.10 Rehabilitation Prouram
Any employee who tests positive for a substance listed in Sections 27.5 and 27.6 of this
article shall be medically evaluated, counseled and treated for rehabilitation as
recommended by the E.A.P. counselor. In the event the employee disagrees with the
treatment recommended by the E.A.P. counselor, the employee may choose to obtain a
second opinion from a qualified physician of his/her choice. Employees who complete
a rehabilitation program may be re-tested randomly for one (1) year following
completion of a rehabilitation program.
An employee may voluntarily enter rehabilitation without a requirement or prior testing.
Employees who enter the program on their own shall not be subject by the City to
random re-testing. Employees will be allowed to use their accrued and earned leave for
the necessary time off involved in the rehabilitation program.
If an employee tests positive during the one (1)year period following completion of
rehabilitation, the employee will be re-evaluated by an E.A.P. counselor to determine if
the employee requires additional counseling and/or treatment. The employee will be
solely responsible for any costs, not covered by medical benefits/insurance, which arise
• from this additional counseling or treatment.
P\PUBLIC\Labor1UNIONIFIREASS112003 NegTA 2003 Contract Final.doc Page 23 of 28
i
• Section 28.11 Duty Asslanment 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 28.12 Riaht 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 28.13 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.IPUBLIC\LaboAUNIONIFIREASST12003 NegWA 2003 Contract Pmal.doc Page 24 of 28
E
Section 28.14 Consent for Sampling and Release of Information Form
CONSENT/RELEASE
Subject to my rights under Article 27 of the Collective Bargaining Agreement between
Local 1747 of the IAFF and the City of Kent, I consent to the collection of a urine/blood
sample by and its analysis
by for those drugs specified in the
Collective Bargaining Agreement.
The laboratory administering the tests will be allowed to release the results to the City
of Kent only after the laboratory's results have been reviewed and interpreted by the
Medical Review Officer. The information provided to the employer shall be only
whether the tests were confirmed positive Or were negative. No other results of the test
shall be provided to the City without my written consent. The laboratory and the
Medical Review Physician are 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•PPUBLIC\Labor\UNION\FIREASST12003 Neg1FA 2003 Contract Final doc Page 25 of 28
. ARTICLE 29 -AVAILABILITY FOR DUTY CHIEF
All bargaining unit members must live within a thirty-five (35) minute radius of the Fire
Department boundaries (exclusive of peak commute time and middle of the night) in
order to be readily available for Duty Chief responsibilities. Exceptions will be made
where the Assistant Chief can establish, to the Chiefs satisfaction, an alternative
manner of satisfying his/her Duty Chief responsibilities.
ARTICLE 30 -WAIVER OF RIGHTS - NON-BARGAINING ITEMS
The parties acknowledge that each has had the unlimited right and opportunity to make
demands and proposals with respect to any matter deemed a proper subject for
collective bargaining. The results of the exercise of that right are set forth in this
agreement. Therefore, except as otherwise provided in this agreement, the City and
the Union for the duration of this agreement each voluntarily and unqualifiedly agrees to
waive the right to oblige the other party to bargain with respect to any subject or matter
specifically referred to or covered in this agreement.
ARTICLE 31 - SAVINGS CLAUSE
• The Union agrees that the City retains the right to reopen the agreement during the
term of the agreement in the event of amendment to the Fair Labor Standards Act, or
implementation of, or amendment to, the United States Department of Labor
regulations. It is understood that the reopening of the contract pertains only to
amendments implemented by law or regulations. It is understood that this agreement
shall be interpreted and applied in a manner that will ensure, to the fullest extent
possible, the continued exempt status of the Assistant Chiefs.
If any Article of this agreement, or any addendum hereto, should be held invalid by
operation of law or by tribunal of competent jurisdiction, or if compliance with or
enforcement of any Article should be restrained by such tribunal of competent
jurisdiction, the remainder 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 32 - 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.
•
P.IPUBLICU.abor1UNION\FIREASST12003 Neg1FA2003 Contract Final.doc Page 26 of 28
ARTICLE 33 - MERGER, CONSOLIDATION AND CONTRACTS FOR SERVICES
• The parties recognize in the case of any merger, consolidation or contracting for Fire
Protection, Prevention and Emergency Services by the City with any other governmental
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.
P 1PUBLIC1L WAUNIOMFIREASSM003 Neg1FA 2003 Contract Final.doc Page 27 of 28
. ARTICLE 34 - DURATION OF AGREEMENT
This agreement shall be in full force and in effect from January 1, 2003 and shall continue
through December 31, 2005.
Signed this day of , 2004.
9 Y
CITY OF KENT KENT ASSISTANT FIRE CHIEFS
LOCAL 1747, I.A.F.F.
BY BY
Ji hite, ayor MINbo-ore, President
BY 9411A BY e114�e -1. 11eq...
Su6 Viseth, Employee Services Director Phil Her(era, Secretary
Approved as Negotiated: Approved as Negotiated:
Anh Hoang, Labor Rel ns Manager Gre'gVMMey, otia
Ray Luevanos, Labor Relations Analyst Dominic Marzano, Ne for
Approved as to form:
Pa Patrick, D City Attorney
ATTEST
a-t�
• Brenda Jacober, Ci Clerk
28�
P.\PUBLIC\Labor\UNION\FIREASST\2003 Neg1FA2003 Contract Final doe Page.2f7 of 28
APPENDIX W —UNIFORMS AND EQUIPMENT
The City shall be required to furnish the following clothing and-equipment for each
employee covered under this contract:
Work Uniforms
Shirts 5
Pants 5
Socks 6 pairs
Shoes 1 pair
Belt 1
Jacket 1
Nameplate (Plastic) 2
Sweater 1
Dress Uniforms
Shirts 2
Pants 2
Blouse 1
Hat 1
Belt 1
Shoes 1 pair
Tie 1
Nameplate (Metal) 1
Protective E ui ment
q p
Bunker Pants 2
Bunker Coat 2
Boots 1 pair
Helmet 1
Helmet Light 1
SCBA Mask 1
Gloves 2 pairs
Flashlight 1
Knife 1
Suspenders 1 pair
Nomex Hood 2
Carrying Bag 1
Protective Equipment
Wildland Gear
Coat 1
Pants 1
Helmet 1
Protective Goggles 1
Gloves 1 pair
• Carrying Bag, Small 1
P:IPUBLICV-abor1UN10N\FIPEASS112003 Neg1FA 2003 Contract F(nal.doc Page A-1
Miscellaneous Eauiament
Badges--Breast 2
Badges--Cap 1
Collar Insignia 2 sets
T-shirts, dark blue 2
Sweat shirt, dark blue 1
Sweat pants, dark blue 1 pair
Athletic Shorts, light gray 1 pair
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 (M), the City will furnish such clothing and/or
equipment.
•
•
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