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HomeMy WebLinkAboutES06-060 - Original - I.A.F.F. Local 1747 - Kent Fire Department Assistant & Division Chiefs Collective Bargaining Agreement - 01/01/2006 COLLECTIVE BARGAINING AGREEMENT BETWEEN CITY OF KENT AND I.A.F.F. LOCAL 1747 Representing KENT FIRE DEPARTMENT ASSISTANT and DIVISION CHIEFS January 1 , 2006 through December 31 , 2008 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.................................. .........1 SECTION 2 3 CONTRIBUTION IN LIEU OF DUES ............................................. .........2 SECTION 2 4 TIME LIMIT AND OPTIONS ................................................................ .2 SECTION 2 5 DUES DEDUCTION. .................................... .......................................2 SECTION 2 6 NON-COMPLIANCE .......................................... ................. ........ .............3 SECTION 2.7 NOTIFICATION ............................................................................................3 ARTICLE 3 - NON-DISCRIMINATION/AFFIRMATIVE ACTION.....................................3 ARTICLE4 - SALARIES.................................................................................................3 SECTION4.1 WAGES........................ ...........................................................................3 SECTION 4 2 LONGEVITY... ............. ................................. ............... .......................4 SECTION 4 3 DEFERRED COMPENSATION MATCH.............................................................4 SECTION 4.4 HEALTH AND PHYSICAL FITNESS FUNDS.......................................................4 SECTION 4.5 DEPLOYMENT SALARY.................................................................................5 ARTICLE 5 - HOURS OF WORK....................................................................................5 ARTICLE 6 - COMMUNITY SERVICE DUTIES..............................................................5 ARTICLE 7 - EXECUTIVE LEAVE..................................................................................6 ARTICLE 8 -TEMPORARY DETAIL TO HIGHER POSITIONS.....................................6 ARTICLE 9 - HOLIDAYS.................................................................................................6 SECTION 9.1 HOLIDAYS OBSERVED................................................................. ...............6 SECTION 9 2 HOLIDAY CASH OUT........................ ........................... . ........................7 ARTICLE 10 -VACATION ..............................................................................................7 SECTION 10.1 VACATION ACCRUAL RATE ................................................ . .... ..............7 SECTION 10 2 VACATION/SENIORITY. . ........................ ............... . ...................7 SECTION 10 3 REQUESTS AND PRIORITY FOR VACATION............................. ..................7 Subsection 10 3 1 Requests . ... .. . .... . . . .......... .. .. ...... .. .. ...I.. .. ...... ..... 7 Subsection 10 3 2 Minimum Hours . ...... .. . . ..... 7 SECTION 10 4 MAXIMUM ACCRUALS......... ........... .. ..................... .... ..................8 SECTION 10.5 VACATION ACCRUAL CARRYOVER............................................................ .8 ARTICLE11 - SENIORITY..............................................................................................8 SECTION11.1 SENIORITY DEFINED..... ............... ........... .................. ... ...............8 P 1PUBLICILCC(Labor,Class&Comp)1Labor\UNI0NTlREASST12006 Neg1FA 2006 Contract Final doc Page i SECTION 11.2 SENIORITY LISTS......................................................................................8 SECTION11 3 LAY-OFFS ........................................................................................ .. ...9 SECTION 11 4 ASSISTANT CHIEF ....................... ................. .............. .. ............... .9 SECTION 11 5 DEPUTY CHIEF ASSIGNMENT ......... .............. ............... ..................9 ARTICLE 12 - INSURANCE BENEFITS.......................................................................10 SECTION 12 1 LEGAL REQUIREMENTS.......................................................................... 10 SECTION 12 2 EMPLOYEE COVERAGE ...........................................................................10 Subsection 12 2 1 LEOFF 1 Employees .. ............................. .. .............................................. . .. . . 10 Subsection 12 2 2 LEOFF 1l Employees........ .. ..... . ........ .. . ... . . .. ... . .. ........... . .. . . 10 SECTION 12.3 PLANS OFFERED . .... . .... ............... ..... .. .. ... ........................10 SECTION 12.4 DEPENDENT COVERAGE .........................................................................11 SECTION 12 5 CONTINUATION OF DEPENDENT MEDICAL........ ..................................... 11 SECTION 12 6 LIFE INSURANCE ... ..................................................... 11 SECTION 12 7 LONG TERM DISABILITY INSURANCE.........................................................11 SECTION 12 8 HEALTH CARE COMMITTEE ............................. ......................................11 SECTION 12.9 MEDICAL EXAMINATIONS.......... .................... ................................. ..12 SECTION 12 10 RETIREE MEDICAL SAVINGS PLAN .............. ................................... ..12 ARTICLE 13 - BEREAVEMENT LEAVE.......................................................................13 ARTICLE 14 - REIMBURSEMENT OF EXPENSES.....................................................13 ARTICLE 15 - MANAGEMENT RIGHTS.......................................................................13 ARTICLE 16 - DISCIPLINE...........................................................................................14 SECTION 16.1 DISCIPLINARY MEASURES.......................................................................14 SECTION 16.2 RIGHT OF PRIVACY.................................................................................14 ARTICLE 17 - GRIEVANCE PROCEDURES................................................................14 ARTICLE 18 - ELECTION OF REMEDIES ...................................................................15 ARTICLE 19 - CONTRACT MODIFICATION................................................................16 ARTICLE 20 - SICK LEAVE..........................................................................................16 SECTION 20 1 SICK LEAVE ACCRUAL ............................................................................16 Subsection 20 1 1 LEOFF I Employees... .. ......... ......................... ............... .. ............................ 16 Subsection 20 12 LEOFF II Employees . . ......................... .. .. ......... ................ . 17 Subsection 20 13 Maximum Accumulation of Sick Leave. ...... .................................. .. ............. .. 17 SECTION 20.2 APPROVED USE OF SICK LEAVE ......................................................... .17 SECTION 20.3 REQUESTS FOR DOCTOR'S AUTHORIZATION . .. ......................................17 SECTION 20.4 LIGHT DUTY ASSIGNMENT.. ... .. .... .... ..................................................18 SECTION 20 5 NOTICE TO DEPARTMENT........................................................................18 SECTION 20 6 SICK LEAVE LEOFF II EMPLOYEES ON DUTY INJURY LEAVE PROVISION.....18 SECTION 20.7 SICK LEAVE INCENTIVE PROGRAM ....... . .......................... .........19 ARTICLE 21 - MILITARY LEAVE .................................................................................19 P\PUBLIMI-CC(Labor,Class&Comp)\Labor\UNI0N\FIREASST\2006 Neg\FA 2006 Contract Final doc Page it ARTICLE 22 LOCAL UNION BUSINESS...................................................................19 ARTICLE 23 - UNIFORMS............................................................................................20 SECTION 23.1 UNIFORMS ISSUED .......................... ................................................ .20 SECTION 23 2 DAMAGED UNIFORMSIWORK CLOTHES REIMBURSEMENT........................ .20 ARTICLE 24 - PERSONNEL FILES..............................................................................20 ARTICLE 25 - PERFORMANCE OF DUTY ..................................................................21 ARTICLE 26 -TAKE HOME VEHICLES.......................................................................21 ARTICLE 27 - SMOKE FREE WORK PLACE..............................................................21 ARTICLE 28 - SUBSTANCE ABUSE POLICY.............................................................21 SECTION28.1 POLICY................................................................................. ............. 21 SECTION 28 2 INFORMING EMPLOYEES ABOUT DRUG AND ALCOHOL TESTING................ 22 SECTION 28 3 EMPLOYEE TESTING.......................................................... .................. 22 SECTION 28 4 SAMPLE COLLECTION ............................................................................ 23 SECTION 28 5 DRUG TESTING......................................................................................23 SECTION 28.6 ALCOHOL TESTING .... .........................................................................24 SECTION 28.7 MEDICAL REVIEW PHYSICIAN ..................................................................25 SECTION 28.8 LABORATORY RESULTS .......................................................................25 SECTION 28 9 TESTING PROGRAM COSTS.....................................................................25 SECTION 28.10 REHABILITATION PROGRAM..... . . .....................................................25 SECTION 28.1 1 DUTY ASSIGNMENT AFTER TREATMENT .................................................26 SECTION 28.12 RIGHT OF APPEAL ................................................................................26 SECTION 28.13 UNION HELD HARMLESS ............................. ... ............ 26 SECTION 28 14 CONSENT FOR SAMPLING AND RELEASE OF INFORMATION FORM............ .27 ARTICLE 29 - AVAILABILITY FOR DUTY ...................................................................28 ARTICLE 30 - WAIVER OF RIGHTS - NON-BARGAINING ITEMS .............................28 ARTICLE 31 - SAVINGS CLAUSE ...............................................................................28 ARTICLE 32 - ENTIRE AGREEMENT..........................................................................29 ARTICLE 33 - MERGER, CONSOLIDATION AND CONTRACTS FOR SERVICES....29 ARTICLE 34 - DURATION OF AGREEMENT...............................................................30 APPENDIX "A" — UNIFORMS AND EQUIPMENT......................................................A-1 P\PUBLIC\LCC(Labor,Class&Comp)\Labor\UNI0N\FIREASST\2006 Neg\FA 2006 Contract Final doc Page iii 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. 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 and Division 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. Wherever the male or female gender is used singularly in this agreement, it shall be construed to include both male and female employees. 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. P\PUBLIC\LCC(Labor,Class 8 Comp)\Labor\UNION\FIREASST\2006 Neg\FA 2006 Contract Final doc Pagel 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 semi-monthly service charge equivalent to the regular Union dues Such service charge shall be made to the Union semi-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 semi-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 City agrees to deduct from the paycheck of each employee who has so authorized it, the regular semi-monthly dues uniformly required by the Union, or in lieu thereof a semi-monthly service charge as prescribed in Section 2.3. The amounts deducted shall be transmitted semi-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. P\PUBLIC\LCC(Labor,Class&Comp)\Labor\UNION\FIREASSP2006 Neg\FA 2006 Contract Final doc Page 2 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 Citythat an employee has failed to a the required initiation fee, dues, service charge, pay q 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 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 interferes with a bona fide occupational requirement or qualification. ARTICLE 4 - SALARIES Section 4.1 Wages A. Effective January 1, 2006, the Division Chief rank will be paid at the rate of 145% of the first class Firefighter base pay. B. Effective January 1, 2007, the Division Chief rank will be paid at the rate of 145% of the first class Firefighter base pay. C. Effective January 1, 2008, the Division Chief rank will be paid at the rate of 145% of the first class Firefighter base pay If for any reason the Firefighters contract is not settled by January 1, 2008 for the year 2008, the COLA (cost of living adjustment) for Division Chiefs will be adjusted when the Firefighter contract is settled, retroactive to January 1, 2008. P WUBLICILCC(Labor,Class&Comp)1LaboALINIOMFIREASST12006 Neg1FA 2006 Contract Final doc Page 3 Section 4.2 Longevity Longevity pay shall be applied to the base salary rate, on a monthly basis, for employees who have completed the following continuous service requirements: Completion of 5 years.............................................................2% Completion of 10 years....................................................... . 4% Completion of 15 years......................................................... 6% Completion of 20 years.................................. ..................... 7 5% Completion of 25 years...........................................................8.5% Section 4.3 Deferred Compensation Match A. The City shall contribute (without a match) at the rate of three percent (3%) of the Division Fire Chief'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. 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 City contributed deferred compensation pro ram based on their date of hire If an employee is hired between the 1st and 7 or the 16th and 22nd of the month, the employee will be eligible for the full contribution amount for that pay period 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 for the City contribution 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 (2) weeks of employment with the Kent Fire Department. Section 4.4 Health and Physical Fitness Funds Each employee shall contribute, through payroll deduction, four dollars ($4.00) per month to the Kent Fire Department Health and Physical Fitness Fund The City shall provide matching funds of eight dollars ($8.00) 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 P 1PUBLICILCC(Labor,Class&Comp)1Labor\UNIOMFIREASSM006 Neg1FA 2006 Contract Final doc Page 4 Section 4.5 Deployment Salary an of members Assistant and Division Chiefs who participate as m e y reimbursable federal or state mobilization or deployment will be compensated for their time spent in such activities. The employee's rate of pay during such mobilization or deployment shall be at one and one-half (1 1/2) times his/her normal pay rate; provided the employee is mobilized or deployed for at least their full forty (40) hour work week and that this mobilization or deployment salary is reimbursable to the City. The employee's pay rate will continue at one and one-half(1 1/2)times their normal pay rate for each full day after the first forty(40) hour work week. As the employees covered by this agreement are exempt under the FLSA, nothing in this section shall be interpreted to give the employees the right to payment of overtime wages. 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 Division and Assistant Chiefs participate in community service activities and organizations. Such participation and involvement in the community serves as an extension of the department's 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. P\PUBLIC\LCC(Labor,Class&Comp)1abor\UNIONTIREASST12006 Neg\FA 2006 Contract Final doc Page 5 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 (June 16th to the end of the month payroll, which is the July 5th paycheck). Employees who wish to have their leave cashed out on July 5th must provide written notification of such to Fire Administration by June 201h. The second half (%) of the unused executive leave would be cashed out on the December 5th paycheck (November 16th to the end of the month payroll). Notification for cash out on December 5th would be due to Fire Administration by November 15th Unused executive leave may also be carried over from year to year. The maximum carry 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 and Division 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, Deputy Chief, or Assistant Chief for a period of one full forty (40) hour work week or more, shall be paid ten percent (10%) premium over his/her base pay, not to exceed the maximum of the actual base pay or base pay range, whichever is less, of the higher position in which the employee is acting 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. P TUBLICILCC(Labor,Class&Comp)1LaborIUNIONIFIREASST12006 Neg1FA 2006 Contract Final doc Page 6 Section 9.2 Holiday Cash Out Employees may opt to cash out one unused "Personal Holiday" of eight (8) hours per calendar year Employees shall give written notice of their Intent to cash out a personal holiday to Fire Administration no later than November 15th of each year Holiday cash out will be issued on December 5th of each year. ARTICLE 10 -VACATION Section 10.1 Vacation Accrual Rate Vacation accrual rates for Assistant and Division Chiefs shall be as follows: 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 24th 14.67 hours 22 days 25th 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 the City and other members of the bargaining unit Vacation requests must be approved by the Fire Chief. Section 10.3 Requests and Priority 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 maybe granted where necessary Subsection 10.3.2 Minimum Hours Due to the exempt status of the Assistant and Division Chiefs under FLSA, the minimum number of hours allowed to be taken on vacation or executive leave shall be eight (8). Time off in increments of less than eight (8) hours must be approved by the Fire Chief, but will not be deducted from employees' timesheets. P\PUBLIC\LCC(Labor,Class&Comp)\Labor\UNION\FIREASST\2006 Neg\FA 2006 Contract Final doc Page 7 Section 10.4 Maximum Accruals 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 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 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 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 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. P\PUBLIC\LCC(Labor,Class&Comp)\Labor\UNION\FIREASST\2006 Neg\FA 2006 Contract Final doc Page 8 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 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 Section 11.4 Assistant Chief Deputy Chief, Dominic Marzano, is grandfathered into this bargaining unit for the purposes of reversion rights back to the rank of Assistant Chief with the salary of 149% of a first class Firefighter Once he vacates the position, the position will be refilled at the applicable salaries and benefits as outlined within this collective bargaining agreement for the Division Chief. Section 11.5 Deputy Chief Assignment The assignment to Deputy Chief will be made at the sole discretion of the Fire Chief While assigned as Deputy Chief, the employee will not be a part of the bargaining unit. In the event that the employee reverts back to their previous Civil Service rank held prior to the assignment, the employee will return to the bargaining unit. Time served in the Deputy Chief assignment will count towards seniority within the bargaining unit for all associated benefits P 1PUBLICILCC(Labor,Class&Comp)1Labor\UNIOMFIREASST12006 Neg1FA 2006 Contract Final doc Page 9 ARTICLE 12 - INSURANCE BENEFITS Section 12.1 Legal 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. City's self-insured health insurance program administered by Premera Blue Cross; and 2. Group Health Cooperative (HMO) including any benefit plan changes made by Group Health, Blue Cross Dental, and VSP Vision Plan. The City reserves the right to change carriers based upon comparable benefits and cost-effectiveness of such a change. Upon mutual agreement, the parties agree to re-open the agreement to negotiate the impacts of implementing a third health care plan, which may include a Health Savings Account, when the City has completed its plan feasibility analysis and has decided to implement the plan City wide. P IPUBLICILCC(Labor,Class&Comp)\Labor\UNIOMFIREASST\2006 Neg\FA 2006 Contract Final doc Page 10 Section 12.4 Dependent Coverage Eligible employees shall have the option to insure dependents under alternative plans offered, subject to the terms and conditions imposed by the carrier. The employee shall pay ten percent (10%) of the dependent's portion of the monthly premiums of the selected plan, to a maximum of $115 00 per month, from January 1, 2006 to December 31, 2006. Effective January 1, 2007, the employee shall pay twelve percent (12%) of the dependent's portion of the monthly premiums of the selected plan, to a maximum of $115.00 per month. Effective January 1, 2008, any negotiated change between the City and the Firefighters unit in employee and dependent healthcare premium contributions for 2008 shall apply to the employees of this unit. If for any reason, the Firefighters contract is not settled by January 1, 2008 for the year 2008, the healthcare premiums for Division Chiefs will be adjusted when the Firefighter contract is settled, retroactive to January 1, 2008. 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 Long Term Disability Insurance The I A.F.F. Local 1747, shall 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. P 1PUBLICILCC(Labor,Class&Comp)1Labor\UNIONIFIREASS-R2006 Neg1FA 2006 Contract Final doc Page 11 Section 12.9 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 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 Employee Services Director or Employee Services 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 Savings Plan The Union has established a trust fund to pay health insurance premiums for eligible future retirees and their dependents The Union is responsible for the administration of this fund including any administrative details related to it. The City will make contributions towards this Union Retiree Medical Savings Plan as follows. Effective 1/1/2006 - $70 per month per employee; and Effective 1/1/2007 - $75 per month per employee. Each member of the bargaining unit shall contribute to this Union Retiree Medical Savings Plan as follows: Effective 1/1/2006 - $5 per month per employee, and Effective 1/1/2007 - $0 per month per employee The City of Kent shall take the above deductions from the employees through a semi- monthly payroll deduction and shall send such contributions, together with the City's contributions, to the trust administrators However, if the employee is on an unpaid leave for the entire pay period, no contribution or deduction shall be made or taken. P 1PUBLICILCC(Labor,Class&Comp)1LaborIUNIONIFIREASST12006 Neg1FA 2006 Contract Final doc Page 12 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. 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 The management and operation of the Fire Department is exclusively the right 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, Civil Service rules, or with applicable laws. The City retains the right, among other actions: • To discipline, suspend, or discharge employees for just cause concerning on duty and off duty conduct; • 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 Division Chiefs, Assistant Chief, Deputy Chief and others in the Fire Department management group. The Fire Department management group shall consist of the Fire Chief, Deputy Chief, Assistant Chief, Division 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\PUBLIC\LCC(Labor,Class&Comp)\Labor\UNION\FIREASS112006 Neg\FA 2006 Contract Final doc Page 13 ARTICLE 16 - DISCIPLINE Section 16.1 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 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 16.2 Right of Privacy Except as provided by 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 The following timelines may be extended by mutual agreement 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) P 1PUBLICILCC(Labor,Class&Comp)1LaborIUNIONIFIREASST12006 Neg1FA 2006 Contract Final.doc Page 14 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 for review The date that the grievance is received by the Fire Chief shall be 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, or designee 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 bear the cost of presenting its own case. 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 bear the cost of presenting its own case 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) Actions subject to appeal through either this agreement's grievance procedure or pertinent Civil Service appeal procedures must follow either the grievance procedure contained herein or pertinent procedures regarding such appeals to the Civil Service commission, including applicable deadlines. Under no circumstances may an employee use both the contract grievance procedure and Civil Service Commission procedures relative to the same action. An election between those procedures shall be P\PUBLIC\LCC(Labor,Class&Comp)\Labor\1JNION\FIREASST0006 Neg\FA 2006 Contract Final doc Page 15 made within thirty (30) calendar days of the filing of the grievance and the City providing all relevant information pertaining to the grievance as requested by the Union or the commencement of the Civil Service hearing, whichever comes first. The Union's information request shall be filed at the same time the grievance is filed. 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 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 Employee Services Director, or designee, 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 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. P\PUBLIC%LCC(Labor,Class&Comp)\Labor\UNION\FIREASSP2006 Neg\FA 2006 Contract Final doc Page 16 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 and Division 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 (13th) 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 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 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 P 1PUBLIC%LCC(Labor,Class&Comp)Iabor\UNIOMFIREASST12006 Neg1FA 2006 Contract Final doc Page 17 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 and such limited duty position is available. 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 while on-duty are subject to City Policy 6 2 "On-the-Job Injuries and Illnesses" and must apply for "Worker's Compensation Benefits" for disability periods as outlined in this same policy. The first three (3) calendar days following the date of injury is defined as the time loss "waiting period". The employee shall use accrued leave per City Policy to cover any time off for scheduled work shift(s) during these three (3) days The waiting period shall be reimbursed if the time loss extends beyond fourteen (14) calendar days in accordance with Labor & Industries (L&I) regulations. 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 while the employee is authorized for time loss payments. During the six-month supplemental period, employees shall continue to accrue sick leave and annual leave benefits. 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 provide insurance benefits as outlined in Article 12 Insurance Benefits. The employee shall be responsible for their portion of these benefit premiums Questions of policy clarification or interpretation should be referred to the Employee Services Director in writing. P\PUBLIC\LCC(Labor,Class&Comp)\Labor\UNION\FIREASST12006 Neg\FA 2006 Contract Final doc Page 18 Section 20.7 Sick Leave Incentive Program In order to provide an Incentive for using sick leave only as necessary, 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 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 17 — Grievance Procedures. In addition, time off for attending negotiation sessions with the City will be allowed P 1PUBLICILCC(Labor,Class&Comp)1Labor\UNIOMFIREASST12006 Neg1FA 2006 Contract Final doc Page 19 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 Damaged Uniforms/Work Clothes Reimbursement Effective January 1, 2006, employees shall receive, in addition to their standard uniform Issue, an annual reimbursement of up to $400 for expenses Incurred to repair or replace damaged work clothing. Effective January 1, 2007, employees shall receive, in addition to their standard uniform Issue, an annual reimbursement of up to $500 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 Except as provided by 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 Except as provided by 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 fifes - 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 an 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. P 1PUBLICILCC(Labor,Class&Comp)1Labor\UNI0NIFIREASST12006 Neg1FA 2006 Contract Final doc Page 20 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 prohibited substances listed in Sections 28.5 and 28 6 of this Article Employees participating in treatment programs are expected to observe all job performance standards and work rules P 1PUBLICILCC(Labor,Class&Comp)1Labor\UNIONIFIREASST12006 Neg1FA 2006 Contract Final doe Page 21 Section 28.2 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 28.3 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, 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 P\PUBLIC\LCC(Labor,Class&Comp)1LaboALlNION%FIREASST12006 Neg1FA 2006 Contract Final doc Page 22 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 Section 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 ng/ml. P 1PUBLICILCC(Labor,Class&Comp)1Labor\UNIONTIREASST2006 Neg1FA 2006 Contract Final doc Page 23 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 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 28.4, 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 1PUBLICILCC(Labor,Class&Comp)1Labor\UNI0NIFIREASSP2006 Neg1FA 2006 Contract Final doc Page 24 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 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 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 his or her time and expenses including travel incurred involving the testing procedure only. Section 28.10 Rehabilitation Program Any employee who tests positive for a substance listed in Sections 28.5 and 28 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 1PUBLICILCC(Labor,Class&Comp)11-aborIUNIONIFIREASST\2006 Neg1FA 2006 Contract Final doc Page 25 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 28.11 Duty Assianment 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 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 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 1PUBLICILCC(Labor,Class&Comp)1LaborIUNI0NIFIREASST12006 NegTA 2006 Contract Final doc Page 26 Section 28.14 Consent for Sampling and Release of Information Form CONSENT/RELEASE Subject to my rights under Article 28 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. 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%PUBLICILCC(Labor,Class&Comp)1Labor\UNI0N\FIREASST12006 NegTA 2006 Contract Final doc Page 27 ARTICLE 29 - AVAILABILITY FOR DUTY All bargaining unit members are encouraged to live within a twenty-five (25) mile radius of the Kent Fire Department boundaries in order to be readily available for duty in case of an emergency City take home vehicles may be taken twenty-five (25) miles from the City's boundaries. Employees who live beyond the twenty-five (25) mile radius are required to have alternative means of commute beyond twenty-five (25) miles. Exceptions may be made by the Fire Chief, or designee, on a case-by-case basis. 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 and Division 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. P\PUBLIC\LCC(Labor,Class&Comp)\Labor\UNION\FIREASST\2006 Neg\FA 2006 Contract Final doc Page 28 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 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 1PUBLIC%LCC(Labor,Class&Comp)1Labor\UNIONIFIREASST12006 Neg1FA 2006 Contract Final doc Page 29 ARTICLE 34 - DURATION OF AGREEMENT This agreement shall be in full force and in effect from January 1, 2006 and shall continue through December 31, 2008. Signed this day of ' 2006. CITY OF KENT KENT ASSISTANT FIRE CHIEFS LOCAL 1747, I.A.F.F. BY LL�n BY /l l,�J�f.e� �-C1Z_ Su±et e C ke, Mayor Mike Moore, President e BY BY J � �� iL" ' ZA Sue Viseth, Employee Services Director Terry Mc rtin, Secretary Approved as Negotiated: Approved as Negotiated: n I Anh Hoang, Labor e tions Manager Gr g Ma , NeJ ' tor Cami Eckhart, bor Relations Analyst n Napier, Division Chief ominic Marzano, De T re Chief Mark Jones, Negotiator Approved as to form: 4]a;t Fitzpatrick, Deputy City ttorney ATTEST: irs Brenda Jaco , City Clerk P.\PUBLICILCC(Labor,Class&Comp)1aboALINIONTIREASST12006 Neg\FA 2006 Contract Final doc Page 30 APPENDIX "A" — 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 Equipment 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 P\PUBLIC\LCC(Labor,Class&Comp)\Labor\UNION\FIREASST12006 Neg\FA 2006 Contract Final doc Page A-1 Protective Goggles 1 Gloves 1 pair Carrying Bag, Small 1 Miscellaneous Equipment 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 (L&I), the City will furnish such clothing and/or equipment. P\PUBLIC\LCC(Labor,Class&Comp)\Labor\UNION\FIREASST\2006 Neg\FA 2006 Contract Final doc Page A-2