HomeMy WebLinkAbout5236 ORDINANCE NO. 5 2 3 6
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, KING
COUNTY, WASHINGTON, APPROVING THE COLLECTIVE BARGAINING
AGREEMENT BETWEEN THE CITY AND THE INTERNATIONAL
ASSOCIATION OF FIRE FIGHTERS' LOCAL 1352, FOR 1999 - 2001.
WHEREAS, the City of Auburn recognizes The International Association
of Fire Fighters' Local 1352 as the sole exclusive collective bargaining
representative of all full-time Fire Fighter employees as classified in Appendix
"A-I" of the Collective Bargaining Agreement for 1999 - 2001; and
WHEREAS, all temporary and part-time employees, supervisors,
confidential, professional, protection employees and employees engaged in
training and instruction for management positions shall be excluded from the
Collective Bargaining Agreement for 1999 - 2001; and
WHEREAS, after review and approval of the Collective Bargaining
Agreement with the Fire Fighters Employees Union Local 1352;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
KING COUNTY, WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. The City Council hereby authorizes the execution of the
Collective Bargaining Agreement between the City of Auburn and the Fire
Fighters Union Local 1352, for 1999- 2001.
Ordinance No. 5236
May 3, 1999
Page 1
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directions of
this legislation.
Section 3. This Ordinance shall take effect and be in force five (5) days
from and after its passage, approval and publication, as provided by law.
INTRODUCED: May 17, 1999
PASSED: May 17, 1999
APPROVED: May 17, 1999
MAYOR
Ordinance No. 5236
May 3, 1999
Page 2
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVEDASTO FORM:
Michael J. Reynolds,
City Attorney
PUBLISHED:
Ordinance No. 5219
February 19, 1999
Page 3
· ; ; eq3. f. 7
AGREEMENT
BY AND BETWEEN
THE CITY OF AUBURN
AND
THE INTERNATIONAL ASSOCIATION OF
FIRE FIGHTERS' LOCAL #1352
January 1, 1999 through December 31, 2001
This agreement is between the City of Auburn (hereinafter called the "City") and the International
Association of Fire Fighters' Local #1352 (hereina~er called the "Union") for the purpose of setting forth
the mutual understanding of the parties as to conditions of employment for those whom the City
recognizes the Union as the collective bargaining representative.
TABLE OF CONTENTS
ARTICLE i' RECOGNITION ............................................'..: .................................................................1
ARTICLE 2 UNION SECURITY AND. DUES .......................................................................................1
ARTICLE 3 UNION ACTIVITY ............................................................................................................2
ARTICLE 4 HOURS OF WORK AND OVERTIME .............................................................................2
Section 1 - Workweek, Shifts ..........................................................................................2
Section 2 - Workweek, Days ...........................................................................................2
Section 3 - Off-shift Work, Minimum Call Back ...............................................................2
Section 4 - Off-shift Work, Non-Callback .......................................................................2
Section 5 - Overtime Rate ...............................................................................................2
Section 6 - Additional Manpower .....................................................................................2
Section 7 - Credit Shifts ...................................................................................................3
Section 8 - Payment for Non-emergency & Non-Manning Shifts ....................................3
Section 9 - Lunch Period .................................................................................................3
Section 10 - Accrual Conversions .....................................................................................3
ARTICLE 5 - WAGES ................................................................................................................................3
Section 1 - Compensation ...............................................................................................3
Section 2 - Specialist Pay .................................................................................................3
Section 3 - Educational Incentive ....................................................................................4
Section 4 - Longevity .......................................................................................................4
Section 5 - Temporary Assignment .................................................................................4
Section 6 - Court Testimony ............................................................................................5
Section 7 - Base Hourly Rate Calculation .......................................................................5
Section 8 - Current Pay Rate Calculation ........................................................................5
Section 9 - Pay Dates ......................................................................................................5
Section 10 - Pay Differential .....~ ........................................................................................5
Section 11 - Tuition Reimbursement .................................................................................5
Section 12 - Standby Time-Duty Chief ..............................................................................5
Section 13 - Hazard Pay ...................................................................................................5
ARTICLE 6 - HOLIDAYS ............................................................................................................'. ..............5
ARTICLE 7 - VACATION ...........................................................................................................................6
ARTICLE 8 - SICK LEAVE ........................................................................................................................8
ARTICLE 9 - BEREAVEMENT LEAVE ...................................................................................................10
ARTICLE 10 - JURY PAY .........................................................................................................................10
ARTICLE 11 - HEALTH INSURANCE .......................................................................................................10
ARTICLE 12 - UNIFORM ALLOWANCE ...................................................................................................11
ARTICLE 13 - GRIEVANCE, CONCILIATION, AND ARBITRATION PROCEDURE ............................... 11
ARTICLE 14 - MANAGEMENT'S RIGHTS ...............................................................................................12
ARTICLE 15 - BULLETIN BOARD ............................................................................................................12
ARTICLE 16 - NO STRIKE ........................................................................................................................12
ARTICLE 17 - UNION REPRESENTATIVE ..............................................................................................13
ARTICLE 18 - NON-DISCRIMINATION ....................................................................................................13
ARTICLE 19 - RETENTION OF BENEFITS .............................................................................................13
ARTICLE 20 - SAVINGS CLAUSE ............................................................................................................13
ARTICLE 21 - TOBACCO FREE WORKPLACE ......................................................................................14
ARTICLE 22 - PROMOTIONAL EXAMS ...................................................................................................14
ARTICLE 23 - DURATION ........................................................................................................................15
MEMORANDUM OF UNDERSTANDING ................................... Drug and Alcohol Testing Procedures
MEMORANDUM OF UNDERSTANDING ...........................................................Fire Fighter Specialists
APPENDIX "A". ...................................................................1999 Auburn Fire Fighters Wage Schedule
1999 - 2001 Fire Fighters Contract
Page I
AGREEMENT
BY AND BETWEEN
THE CITYOFAUBURN
AND
THE INTERNATIONAL ASSOCIATION OF
FIRE FIGHTERS' LOCAL #1352
This Agreement is made and entered into by and between the City of Auburn, hereinafter referred to as
the "City" and the International Association of Fire Fighters' Local #1352, hereinafter referred to as the
"Union."
ARTICLE I
RECOGNITION
SECTION 1. The City recognizes the Union as the sole and exclusive bargaining agent for the purpose of
establishing wages, hours and working conditions for all of its full-time department members employed in
the following work classifications: Fire Fighter, Fire Fighter Specialist, Captain (Title change only.),
Assistant Fire Marshal, Battalion Chief and Fire Marshal.
SECTION 2. The probationary period for a new employee shall be in accordance with Civil Service Rules
and Regulations.
ARTICLE II
UNION SECURITY AND DEDUCTION OF DUES
SECTION 1. Each member covered by this Agreement who is a member of the Union on or after the
effective date of this Agreement shall, as a condition of continued employment, remain a member of the
Union during the term of this Agreement. Each member hired after the effective date of the Agreement
shall, within a period of thirty-one (31) days commencing from the first date of employment, as a condition
of employment, make application to and become a member of the Union, or, in the case of employees
with a bona fide religious objection to joining the Union, contribute an amount equal to the periodic dues
and initiation fees uniformly required as a condition of acquiring or retaining membership to a mutually
agreed upon charitable organization as provided for in R.C.W. Chapter 41.56.
SECTION 2. The City agrees to deduct each month Union dues equal to one and one-half percent (1 and
1/2%) of a Firefighter First Class' base wage and assessments from the member's wages in the manner
prescribed by law. The amount so deducted shall be sent each payday to the Union.
t999 - 200'1 Fire Fighter's Contract
Page 2
ARTICLE III
UNION ACTIVITY
The City agrees not to discriminate against any member for lawful activity in behalf of or membership in
the Union. The Union also agrees not to discriminate against an employee of the City for their failure to
join the Union.
ARTICLE IV
HOURS OF WORK AND OVERTIME
SECTION 1. WORKWEEK, SHIFTS: For members having twenty-four (24) hour duty shifts, shifts shall
begin at 7:00 A.M. and expire the following day at 7:00 A.M., providing.that shifts occurring on Sundays
and holidays established by City Ordinance shall commence at 8:00 A.M. This normal workweek shall not
exceed an average of forty-seven (47) hours or 2,442 (four (4) year average) annually exclusive of the
additional one (1) hour incurred relative to the special Sunday and holiday shifts. This shall be
accomplished by the use of credit shifts (twenty-four (24) hours off-duty) to be scheduled evenly
· throughout the year by the Fire Chief or his/her designee.
SECTION 2. WORKWEEK, DAYS: The normal workweek for day shift members shall not exceed forty
(40) hours per workweek. As mutually agreed, the member may work five (5) eight (8) hour days
(Monday through Friday) or four (4) ten (10) hour days (scheduled within Monday through Friday). All
members working on days, regardless of rank or previous agreement, will receive the benefits of a day
shift member.
SECTION 3. OFF-SHIFT WORK, MINIMUM CALLBACK: All off-shift members will be paid at their
overtime rate when called back to duty when off shift. Members called back to duty for less than two (2)
hours shall be guaranteed a minimum of two (2) hours at their overtime rate and members called back for
more than two (2) hours shall be paid for a four (4) hour minimum, thereafter in half-hour ('/'2) increments.
All members called back to duty for an emergency situation shall be released as soon as the emergency
is over and the equipment that was used is put back in service.
SECTION 4. HOLD-OVER AND NON-CALLBACK OVERTIME: Members held over on their normal shift
because of an emergency call occurring at shift change shall be paid for one (1) hour or for the actual time
worked, rounded off to the next higher hour. Hold-over overtime shall be at the member's overtime rate,
when an incident occurs prior to shift change (per Article 4, Section 1 ) and cause a member to work over
ten (10) minutes past shift change.
Non-callback overtime encompasses incidents where off-duty members happen upon emergency
incidents within the City of Auburn and their assistance is requested by the officer in charge of arriving
emergency units. Non-callback overtime shall be paid at the member's overtime rate. Both hold-over and
non-callback overtime shall be paid on an hour-for-hour basis.
SECTION 5. OVERTIME RATE: Members shall be paid for overtime at the rate of time-and-one-half (1
~) based upon the current rate of pay for his/her individual classification. The overtime rate of pay shall
be determined by multiplying the individual's current rate of pay (stated in Appendix "A") by twelve (12)
and dividing that amount by the individual's annual scheduled hours of work (2,080 or 2,442) and
multiplying the result by one point five (1.5).
SECTION 6. ADDITIONAL MANPOWER: With the exception of the use of mutual or automatic aid and
whenever possible, any additional manpower requirements of the Fire Department shall be met by first
affording the opportunity to work to full-time paid members of the Fire Department.
1999 - 2001 Fire Fighter's Contract
Page 3
SECTION 7. CREDIT SHIFTS: Credit shifts (twenty-four (24) hours off-duty) may be traded between
members, or moved with the approval of the Fire Chief or his/her designee as long as there remains the
minimum number of Fire Fighters on-duty.
SECTION 8. PAYMENT FOR NON-EMERGENCY OR NON-MANNING OVERTIME: Overtime pay or
compensatory time shall be earned at the rate of one and one-half (1 '~) hours for each overtime hour
worked. This shall be the member's choice, provided, that the choice is made clear to the supervisor prior
to the overtime being incurred. No member may accumulate more than ninety-six (96) hours of
compensatory time. A maximum of forty-eight (48) hours of compensatory time accumulated by a member
as of the first of June each year may be paid at the member's current rate of pay by separate check on or
before June 10~h of each year. No member may carry more than forty-eight (48) hours of compensatory
time past the first of June. Compensatory time off may be used in less than twelve (12) or twenty-four
(24) hour increments with the permission of the Chief or his/her designee. Periods of less than twelve (12)
hours or half-shift increments shall be contingent upon manning at the start of the period of the time off
requested. If staffing is below satisfactory levels, the compensatory time off stands automatically denied.
Regular periods of vacation shall have priority over compensatory time off when scheduling with thirty (30)
or more days' notice.
SECTION 9. LUNCH PERIOD: The lunch period for members regardless of shift schedule shall be of
one (1) hour duration.
SECTION 10. ACCRUAL CONVERSIONS: Conversion of accruals of vacation and sick leave for
members assigned from shift to days or days to shift will only be recalculated should the temporary or
light duty assignment exceed thirty (30) calendar days in duration.
ARTICLE V
WAGES
SECTION 1. COMPENSATION: Members covered by this Agreement shall, commencing January 1,
1999, be compensated in accordance with the wage schedule attached to this Agreement and marked
Appendix "A". This shall provide a market adjustment of 1.7% to the FF1C base wage and a cost of living
increase of 2.25% equal to 90% of the Seattle-Tacoma-Bremerton CPI-W mid year index.
Effective January 1, 2000, the 1999 wage schedule shall be increased by ninety percent (90%) Seattle-
Tacoma-Bremerton CPI-W (1998 to 1999 August to August index), with a minimum base wage increase
of two and one-half percent (2.5%) and a maximum base wage increase of four percent (4%).
Effective January 1,2001 the 2000 wage schedule shall be increased by two and one-half percent (2.5%).
Effective July 1, 2001 the 2001 wage schedule shall be increased by an additional one percent (1.0%).
SECTION 2. SPECIALIST PAY: The classification of Fire Fighter Specialist is identified for those Fire
Fighters who are assigned by the Chief or his/her designee to special teams or assignments per the
M.O.U. dated January 1, 1993, attached. Base pay for this classification is two percent (2%) higher than
the FF1C base pay. Effective January 1, 1999 Fire Inspector Specialists shall be re-titled as "Deputy Fire
Marshal's" and shall have five percent (5.0%) added to their base pay above FF1C Specialist pay scale.
Effective JaniJary 1, 1999 the position of "Training Division Specialist" shall be added to the Specialist
M.O.U. and shall include the same premium as the Deputy Fire Marshals.
SECTION 3. EDUCATIONAL INCENTIVE: Members shall receive monthly education incentive pay for
completion of approved degree programs, or portions thereof, as outlined in the following matrix.
1999 - 2001 Fire Fighter's Contract
Page 4
Hired on or before December 31, 1989:
Credits: Educational Incentive Pay:
30 college credits $69.64 per month
60 college credits $129.28 per month
AA Degree $188.92 per month
BA/BS Degree $250.00 per month
Hired on or after January 1, 1990
Credits: Education Incentive Pay:
AA Degree (90 Credits) $200.00 per month
BA Degree (180 Credits) $250.00 per month
Effective January 1, 1999 Education Incentive shall be paid for the following, job related degrees, which
include; Fire Command Administration, Fire Science, Fire Technology, Fire Investigation, Business and
Public Administration and other fire service related degrees as reasonably determined by the City of
Auburn.
It is the members responsibility to have their programs approved by the Fire Chief, Personnel Director
and/or the Mayor prior to entering into the program. Newly hired members, serving a probation period,
sl~all not be eligible for incentive pay until successfully completing their probation.
Members currently receiving this pay will continue to do so. Members pursuing changes to their
educational incentive pay status will do so under the intent of this Article.
SECTION 4. LONGEVITY: Members shall receive longevity pay based on time served from their date of
hire, by the City of Auburn, as shown in the table below.
Months of Service: Amount:
Upon Completion of 5 years 2.0% of FF1C salary per month
Upon Completion of 8 years 3.5% of FF1C salary per month
Upon Completion of 11 years 5.0% of FF1C salary per month
Upon Completion of 14 years 6.5% of FF1C salary per month
Upon Completion of 17 years 8.0% of FF1C salary per month
SECTION 5. TEMPORARY ASSIGNMENT: Any member temporarily assigned by the Chief of the
Department to work in a higher classification shall be paid at the established rate of pay for such
classification while performing such duties; provided an employee so assigned shall be paid at the
established rate of pay for: a.) twelve (12) hours from six (6) to seventeen (17) hours of work; or b.)
twenty-four (24) hours from eighteen (18) to twenty-four (24) hours of work.
SECTION 6. COURT TESTIMONY: A member required to appear in court during off-duty hours as a
witness on behalf of the employer relative to a duty-related incident shall be compensated for a minimum
of two (2) hours at time-and-one-half (1 ~) for actual attendance at the court hearing per calendar day.
1999 - 2001 Fire Fighter's Contract
Page 5
SECTION 7, BASE HOURLY RATE CALCULATION: The base hourly rate of pay, except for calculating
overtime pay actually worked, shall be equal to the (monthly base times twelve (12)) divided by (regular
· workweek times fifty-two (52)).
SECTION 8. CURRENT PAY RATE CALCULATION: The members current rate of pay shall be equal to
the (monthly base rate of pay plus incentives, including longevity times twelve (12)) divided by (the
workweek times fifty-two (52)).
SECTION 9. PAY DATES: Pay days shall be on or before the eighth (8t") and twenty-third (23rd) of each
month., unless the subject days fall on a Sunday or a Monday holiday, in which case pay checks will be
issued on the first working day 'after the Sunday or Monday holiday.
SECTION 10. PAY DIFFERENTIAL: The following pay differentials are hereby established:
Between FF1C and FF1C Specialist 102% of FF1C base wage
Between FF1C Specialist and Deputy Fire Marshal 105% of FF1C Specialist base wage
Between FF1C Specialist and Training Division Specialist 105% of FF1C Specialist base wage
Between FF1C Specialist and Captain 116% of FF1C Specialist base wage
Between FF1C Specialist and Battalion Chief 128% of FF1C Specialist base wage
SECTION 11. TUITION REIMBURSEMENT: The City agrees to reimburse members for educational
expenses including tuition and books for courses applicable to a Fire Service related degree or for other
courses with prior approval of the Fire Chief or his/her designee. City paid books will become the
property of the Fire Department and be placed in the department library. The amount of tuition
reimbursement shall be limited to the current rate schedule at the University of Washington for the same
number of credits earned. In order to be eligible for reimbursement, the member must receive a grade of
"C" or better, or "Pass" in a pass/fail system.
In order to receive reimbursement for course work, said courses must be taken to fulfill course
requirements for a degree designation that is fire service 'related.
SECTION 12. STANDBY TIME-DUTY CHIEF: The City and the Union agree that the use of stand-by time
shall be consistent with sound fire fighting practices and with the maintenance of public safety. Battalion
Chiefs formally placed on standby status shall remain within one (1) hour of the fire department response
area and shall receive six (6) hours of compensatory time for each twenty-four (24) hour period, or pro-
rated for portions thereof. If a Battalion Chief is actually called back to duty while on stand-by status, then
normal overtime provisions shall apply and shall be in addition to stand-by compensation. The Chief has
the authority to utilize a Fire Captain as a Duty Chief.
SECTION 13. HAZARD PAY: Special Operations Hazardous Materials Entry Team Members and Dive
Rescue Primary Divers that perform in a documented emergency response call shall be entitled to fifty
dollars ($50.00) hazard pay per incident. ,
ARTICLE VI
HOLIDAYS
SECTION 1. For the purposes of this Agreement holidays shall start at the beginning of a member's
normal shift of the day itself and continue for the next twenty-four (24) hours.
SECTION 2. Effective March 1, 1990, 24-hour shift members who work on any of the nine (9) holidays
listed below shall'be paid two (2) times their hourly rate of pay.
1999 - 2001 Fire Fighter's Contract
Page 6
January 1 st ..........................................New Year's Day
3rd Monday in February ......................WashingtoWs Bidhday
Last Monday in May ............................Memorial Day
July 4~h ................................................Independence Day
1 `~ Monday in September ...................Labor Day
November 11~h ....................................Veterans' Day
4t" Thursday in November .................Thanksgiving Day
4th Friday in November ......................Day after Thanksgiving
December 25th ....................................Christmas Day
SECTION 3. Members working day shift shall be entitled to holiday leave in accordance with Auburn City
Code 2.63.010 listed below:
January 1st ........................................New Year's Day
3rd Monday in February .....................Washington°s Birthday
Last Monday in May ..........................Memorial Day
July 4~h ..............................................Independence Day
1 St Monday in September ...................Labor Day
November 11~h ..................................Veterans' Day
4u~ Thursday in November .................Thanksgiving Day
4th Friday in November ......................Day after Thanksgiving
December 25t" ...................................Christmas Day
Two (2) Floating Holidays ..................During Calendar Year
ARTICLE VII
VACATION
SECTION 1. Each member of the bargaining unit shall be granted a vacation in each calendar year
without loss of pay. Such vacations shall be computed in accordance with Section 4 and 5 of this Article
and under the direction and supervision of the Chief of the Fire Department or his/her designee.
Members on temporary assignment lasting more than thirty (30) days and less than six (6) months will
have vacation leave converted based on the following schedule and will accrue vacation leave according
to the shift they are working; however, upon return to their regular shift their balances and accruals will be
adjusted as if they 'had never changed shifts, minus any vacation time used during their temporary
assignment. Temporary assignments lasting longer than six (6) months will have their vacation leave
balance converted based on the following schedule.
1 ,t year of service: Days to shift: 100% Shift to days: 100%
Beginning 2 through 5 years' service: Days to shift: 150.5% Shift to days: 66.4%
Beginning 6 through 10 years' service: Days to shift: 150% Shift to days: 66.7%
Beginning 11 through 15 years' service: Days to shift: 150.4% Shift to days: 66.5%
Beginning 16 through 20 years' service: Days to shift: 149.7% Shift to days: 66.8%
Beginning 21 or more years' service: Days to shift: 150% Shift to days: 66.7%
SECTION 2. Vacation shall be chosen by individual members per Department Rules and Regulations as
stated below:
Vacation may be taken in one (1) shift increments by 24-hour shift members-but will be subject to being
bumped by a vacation period of two (2) or more shifts with thirty (30) days' notice during the months of
January, February, March, April, May, September, October, November and December.
1999 -2001 Fire Fighter's Contract
Page 7
Vacation may be used in less than twenty-four (24) hour increments with the permission of the Fire Chief
or his designee. Periods of less than twelve (12) hours or half-shift increments shall be contingent upon
staffing levels at the start of the period the time off is requested. If staffing falls below satisfactory levels,.
the vacation time off stands automatically denied. Regular periods of at least twelve (12) hours, or one-
half shift, through twenty-four (24) hours, shall have priority over requests of less than twelve (12) hours
or one-half shift.
During the months of June, July, and August, vacation must be taken in the amount of three (3) or more
consecutive shifts to hold vacation privileges. If less than three (3) shifts of vacation are taken during this
period, they shall be subject to being bumped by regular vacation periods of three (3) or more shifts. No
more than two (2) periods of three (3) or more shifts with thirty (30) days' notice shall be scheduled by any
member during June, July or August prior to March 1.
Seniority shall prevail in determining the vacation scheduling prior to March 1.
SECTION 3. At the member's discretion upon written request to the Fire Chief no later than November
30, all remaining vacation over six (6) shifts which have been earned that year but not taken in
accordance with existing policy, shall be paid by separate check on or before December 10th of each year
at the member's current rate of pay.
SECTION 4. Each full-time member of the Auburn Fire Department shall be entitled to accrue vacation
leave for each month of continuous service commencing from the date of their initial employment in the
Auburn Fire Department.
Fire Department members working 24-hour shift work shall be entitled to vacation in accordance with the
following schedule:
Beginning 1 st year of service Accrue 3 shifts/year or 6 hours/month
Beginning 2 through 5 years' service Accrue 7 shifts/year or 14 hours/month
Beginning 6 through 10 years' service Accrue 9 shifts/year or 18 hours/month
Beginning 11 through 15 years' service Accrue 10 shifts/year or 20 hours/month
Beginning 16 through 20 years' service Accrue 11 shifts/year or 22 hours/month
Beginning 21 or more years' service Accrue 12 shifts/year or 24 hours/month
SECTION 5. Fire Department members working day shift shall be granted vacation in accordance with
the following schedule:
Beginning 1st year of service Accrue 9 days/year or 6.0 hours/month
Beginning 2 through 5 years' service Accrue 14 days/year or 9.3 hours/month
Beginning 6 through 10 years' service Accrue 18 days/year or 12.0 hours/month
Beginning 11 through 15 years' service Accrue 20 days/year or 13.3 hours/month
Beginning 16 through 20 years' service Accrue 22 days/year or 14.7 hours/month
Beginning 21 or more years' service Accrue 24 days/year or 16.0 hours/month
SECTION 6. The maximum accumulation of vacation hours shall be determined by multiplying the
member's monthly accrual rate times twenty-four (24) as of the member's anniversary date, unless the
member has approval of the Chief or his/her designee to exceed this maximum.
SECTION 7. Emergency vacation leave (i.e., for personal matters that arise not covered by family sick
leave) may be granted at the sole discretion of the Chief or his/her designee based on the reasons for
such emergency leave. As much advance notice as possible should be given when a member requests
emergency vacation leave.
1999 -2001 Fire Fighter's Contract
Page 8
ARTICLE VIII
SICK LEAVE
SECTION 1. All full-time members shall be entitled to utilize sick leave when they are incapacitated for
the performance of their duties by reason of sickness or injury or when through family illness their
presence is required. The presence of a full-time member shall be deemed as required for medically
documentable illness or injury involving the employee's immediate family who are residing with the
employee or for other family members with prior approval of the Fire Chief or his/her designee.
Sick leave for 24-hour shift members shall accrue on the basis of one (1) shift (24 hours) per calendar
month to a maximum of thirteen hundred (1,300) hours at which time the accrual and usage rate shall
change to ten (10) hours per month until the sick leave accrued drops below thirteen hundred (1,300)
hours at which time the accrual and usage rate will return to twenty-four (24) hours per month until
accruals again exceeds thirteen hundred (1,300) hours.
Sick leave accruals for day shift members shall accrue on the basis of eight hours (8) per calendar month
to a maximum of nine hundred and sixty (960) hours. When sick leave is taken by a day shift member, it
shall be deducted on the basis of one (1) hour of sick leave accrual for each one (1) hour of sick leave
used.
Members on temporary assignments lasting more than thirty (30) days up to six (6) months will have sick
leave converted based on the following schedule and will accrue sick leave according to the shift they are
assigned; however, upon their return to their regular shift, their balances and accruals will be adjusted as
if they never changed shifts minus any sick leave used during their temporary assignment. Temporary
assignments lasting longer than six (6) months, will have their sick leave converted based on the following
schedule:
Conversion of accrued sick leave shall be accomplished for shift members scheduled to days and day
members scheduled to shift by using the ratio of thirteen hundred (1,300) to nine hundred and sixty (960)
by multiplying day to shift accrued hours by one hundred and thirty-fiVe point four percent (135.4%) and
shift to day accrued hours by seventy-three point nine percent (73.9%).
SECTION 2. Sickness shall be reported at the beginning of any period of illness to the Fire Chief or
his/her designee, and within three (3) days after returning to work, the member shall give a written
statement including a doctor's certificate when requested, explaining the nature of his/her illness and
submit a formal request for approval of leave so taken. Such request, when approved by the Fire Chief or
his/her designee, shall be filed in the Department sick leave file.
Family sick leave shall be reported at the beginning of any period of illness to the duty Battalion Chief.
The member will explain the nature of the family illness or emergency. The duty Battalion Chief may
request a doctor's certificate for periods of family sick leave use lasting twenty-five (25) hours or less. A
doctor's certificate will be required when a member uses more than twenty-five (25) hours of family sick
leave, for the same illness or injury, unless prior arrangements are made with the Chief or his/her
designee.
SECTION 3. Members on sick leave or family sick leave shall do all in their power to recuperate quickly
from an illness or injury and assist an ill family member in a like manner. The member shall do nothing
which prolongs recovery from an illness, injury or the swift recovery of a family member. Members
attending ill family members shall also restrict themselves to the assistance of the ill family member in
appropriate surroundings. Any other arrangements during recuperation shall require a doctor's permission
and/or the permission of the Chief of the Department.
SECTION 4. Members on any form of sick leave that exceeds ninety-six (96) hours for any one incident
shall submit a written report from a doctor to the Fire Chief or his/her designee upon returning to work.
1999 - 2001 Fire Fighter's Contract
Page 9
The repod shall include, when applicable, a written statement explaining his/her diagnosis, treatment and
prognosis.
Repod of this nature shall be required every thirty (30) days for members on sick leave exceeding ninety
six (96) hours for one incident. Every report shall note the member's medical suitability for return to
administrative or light duty as defined by the light duty/physical capabilities job description provided by the
Fire Chief or his/her designee for physician's evaluation.
The Fire Chief may, at his/her discretion, in the event of an incident exceeding ninety six (96) hours use of
sick leave, require the member to go to a doctor of the City's choice for a second opinion on the member's
condition paid for by the City, prognosis and suitability for return to normal work or light duty based on the
light duty/physical capability job description. Light duty for LEOFF I members will be voluntary.
Assignments to light duty shall be at the Fire ChieFs option and shall not be unreasonably refused by
employees. Any dispute arising out of applicable physician's reports regarding an employee's fitness for
light duty will be resolved by third party physician's opinion, third party physician to be selected by the first
two (2) physicians, to be secured at City expense.
SECTION 5. Upon release of the member for administrative or light duty and prior to return to. full duty,
the Department may assign members to suitable duties within the Department on the existing shifts.
SECTION 6. Upon certification of disability retirement by .the Department of Retirement Systems,
retirement, death or termination in good standing (not termination for cause) the member shall be
reimbursed at his/her current rate of pay for unused accrued sick leave up to a maximum of thirteen'
hundred (1,300) hours in accordance with the following schedule based on continuous years of service:
Upon Completion Percent of Accrued
of Year of Service: Unused Sick Leave:
0 through 4 years 0% (except in the event of death occurring in the
line of duty, twenty-five percent (25%) of such
employee's accrued unused sick leave shall be
paid to the employee's beneficiary.)
5 through 14 years 25%
15 through 24 years 50%
25 years and over 100%
Members of the bargaining unit hired on or after January 1, 1993 will not be eligible for any cash out of
accrued but unused sick leave, except for death in the line of duty, to be paid to the employees'
beneficiary.
SECTION .7. When a LEOFF II member sustains an On-the-job injury or illness as covered by
Washington State Workers' Compensation, he/she shall receive his/her current rate of pay for a period not
to exceed six (6) months, provided he/she signs all Workers' Compensation checks over to the City. The
member will continue to receive all employer fully funded benefits as they are afforded active members.
SECTION 8. When a 24-hour shift member has accumulated thirteen hundred (1,300) hours of sick
leave, or when a day shift member has accumulated nine hundred and sixty (960) hours of sick leave,
his/her sick leave shall continue to accumulate at the appropriate rate per month, as defined in Section 1
above, until the end of the year, at which time all sick leave accumulated in excess of the maximum shall
be paid at twenty-five percent (25%) of the member's current rate of pay by separate check on or before
January 10t" each year.
1999 - 2001 Fire Fighter's Contract
Page 10
ARTICLE IX
BEREAVEMENT LEAVE
Members shall be allowed up to three (3) calendar days off for day shift members or one (1) twenty-four
(24) hour shift off for 24-hour shift members without loss of pay for death in his/her immediate family
requiring his/her presence, upon approval of the Fire Chief. Immediate family shall include under this
caption only grandparents, father, mother, father-in-law, mother-in-law, spouse, brother, sister or children
of the member.
ARTICLE X
J U RY PAY
SECTION 1. If an employee receives a summons for jury duty, he/she shall immediately advise the Fire
Chief of the same. After discussion with and if agreed to by the employee, the Fire Chief may decide,
based on minimum manning and other staffing issues, to attempt to have the person exempted from
serving in this capacity due to their emergency service position. In the event that the exemption is not
granted and the employee is required to serve jury duty, he/she will be compensated at his/her regular
rate of pay while performing this civic duty. Pay for jury duty shall be returned to the employer. Employees
shall be required to report for work for any portion of their regularly scheduled shift during which they are
not actually serving on ajury or waiting to be impaneled.
SECTION 2. Any member of the bargaining unit who, as a result of his/her fire department duties, is
required to appear before a court, legislative committee, or a quasi-judicial body as a witness in response
to a subpoena or other directive while on duty, shall be approved as authorized leave with pay. Any
compensation received for such appearances shall be returned to the City.
ARTICLE XI
HEALTH INSURANCE
SECTION 1. A health care, dental care, vision, LEOFF II disability insurance, and life insurance program
shall continue to be granted to eligible members and their dependents, the cost to be paid by the City
except as modified by Section 2 of this Article.
1. AWC Medical Insurance Plan "A"
2. AWC Group Health Medical Insurance plan
3. Washington Dental Service Dental Plan "F"
4. Vision Service Plan Eye Care
5. Association of Washington Cities' Life Insurance
6. LEOFF II Disability Insurance of $23.00 per month
SECTION 2. Health insurance co-payments shall include a ninety percent (90%) City-paid premium for
LEOFF I and LEOFF II spouses and children -- based on AWC Medical Plan A -- with the employee
paying ten percent (10%) of the premium. The City shall continue to pay one hundred percent (100%) of
the employee's medical insurance premium. The City shall make available the AWC Group Health
Medical Insurance Plan for those LEOFF II employees who elect to enroll themselves and their
dependents. The City's contribution towards medical insurance for dependents shall be ninety (90)
percent of the applicable AWC Plan "A" premium.
1999 - 2001 Fire Fighter's Contract
Page 11
SECTION 3. Wellness/Fitness Initiative: The City and the Union agree to implement and abide by the
provisions in the IAFF/IAFC Joint Labor/Management Wellness-Fitness Initiative. It is the intent of both
padies to utilize the Initiative as a tool to achieve compliance with laws and standards regarding fire
fighter health and safety. A labor/management committee shall be formed, at the effective date of this
Agreement, to develop an implementation plan and identify the associated expenses. The Committee
shall make every effort to accomplish this in a timely manner.
ARTICLE XII
UNIFORM ALLOWANCE
SECTION 1. Uniforms and protective devices shall be furnished by the City.
SECTION 2. Any proposed changes in uniforms shall be brought to the Union Uniform Committee for
timely review, evaluation and recommendation to the Chief. After consideration of all factors involved, the
Chief will make the final purchasing decision.
ARTICLE XIII
GRIEVANCE. CONCILIATION AND ARBITRATION PROCEDURE
For purposes of this Agreement, the term grievance means any dispute between the City and the Union
concerning an alleged breach or violation of this Agreement. Any alleged grievance shall be taken up by
the member with his/her supervisor within fifteen (15) business days of the occurrence. If no satisfactory
settlement is reached, the following procedure shall apply.
Step 1. The grievance shall be reduced to written form by the aggrieved member stating the section of
the Agreement violated and explaining the grievance in detail. The Union representative shall present the
written grievance to the Assistant Fire Chief within five (5) business days after the alleged grievance is
taken up with his/her supervisor. The Assistant Fire Chief shall commence a meeting within five (5)
business days after receipt of the written grievance between the member, supervisor, and the Union
representative. Five (5) business days after such meeting, the Assistant Chief shall transmit a copy of
his/her decision to the aggrieved member and the Chief of the department.
Step 2. Should the grievance remain unresolved after the written decision is delivered in Step 1 to the
Chief of the Department, a meeting shall be held by the Chief of the Department with the member, Union
representative, and the Assistant Chief within ten (10) business days from receipt of the written decision
relative to Step 1. The Chief of the Department shall make a decision on the matter in writing within ten
(10) business days from such meeting. Copies of the ChieFs decision will be furnished to the aggrieved
and the Union representative.
Step 3. Any grievance remaining unresolved after the decision has been rendered in Step 2 shall be
transmitted to the Mayor in writing whereupon the Mayor shall conduct an investigatory hearing within five
(5) business days of receipt of the written grievance. The Mayor shall render a decision in' writing within
three (3) business days of such hearing.
Step 4. If the grievance is not settled in Step 3, the grievance may be submitted to an arbitrator as
hereinafter.provided. The parties shall select within ten (10)business days, a disinterested party to serve
as arbitrator. In the event the City and the Union are unable to agree upon an arbitrator, the arbitrator shall
be selected in accordance with the rules of the American Arbitration Association from a panel of eleven
(11 ) arbitrators furnished by the American Arbitration Association. The arbitrator shall have jurisdiction
and authority only to interpret, apply, or determine compliance with the specific terms of the Agreement
1999 - 2001 Fire Fighter's Contract
Page 12
and shall not have jurisdiction to add to, detract from, or alter in any way the provision of this Agreement.
Any decision within the jurisdiction of the Arbitrator shall be final and binding upon the parties. The
expenses and fees incumbent to the services of the arbitrator shall 'be equally shared by the City and the
Union.
Any time limits stipulated in the grievance procedure may be extended for stated periods of time by the
appropriate parties by mutual agreement in writing.
Pending final decision of any grievance by any of the above procedure, work shall continue without
interruption and under conditions prevailing prior to the time the dispute started.
ARTICLE XIV
MANAGEMENT'S RIGHTS
The Union recognizes the prerogative of the City to operate. and manage its affairs in all respects in
accordance with its responsibilities, and the powers of authority which the City possesses. These include,
but are not limited to, the following:
A. The Union recognizes the exclusive right of the City to establish reasonable work rules.
B. The City has the right to schedule overtime work as required and consistent with the requirements
of municipal employment and the public interest.
C. It is understood by the parties that every incidental duty connected with operations enumerated in
job descriptions is not always specifically described. Nevertheless, it is intended that all such
duties shall be performed by members.
D. The City reserves the right to discipline members or discharge members for cause. The City
reserves the right to lay off members for lack of work or funds, or the occurrence of conditions ·
beyond the control of the City or where such continuation of work would be wasteful or
unproductive. The City shall have the right to determine required schedules of work and to
establish the methods and processes by which such work is to be performed.
E. The City agrees to maintain a standard of work scheduling consistent with other cities in the area
whose members work a similar tour of duty.
ARTICLE XV
BULLETIN BOARD
A bulletin board shall be provided by the City in each fire station and located in a mutually satisfactory
place for posting by the Union of notices of meetings, union elections and results of union elections.
ARTICLE XVI
NO STRIKE
The Union agrees that there shall be no strikes, slowdowns, stoppages of work, or any interference with
the efficient management of the Fire Department during the term of this Agreement.
1999 - 2001 Fire Fighter's Contract
Page 13
ARTICLE XVII
UNION REPRESENTATIVE
SECTION 1. The business representative or other duly authorized Union representative shall be
permitted to visit the department during operating hours for purposes consistent with the Agreement,
providing he/she does not interfere with working members.
SECTION 2. The Union agrees not to conduct Union business on the City's time and agrees that no
Union meetings will be held during regular established operating hours on City premises. To enable full
representation at meetings by members of the bargaining unit, the established operating hours for this
purpose Shall be deemed to be between 7:00 A.M. and 5:00 P.M.
Monthly meetings may be held on a regular basis in Fire Station 31 's training room. Additional meetings
requiring the use of the training room will require prior approval of the Fire Chief or his/her designee.
SECTION 3. The parties-having a labor Agreement hereby agree that such members of the Union (three
(3) maximum) as may be designated by the Union with prior notification for the purposes of direct
participation as members of the Union negotiating team in labor negotiations with the City of Auburn, shall
be granted leave from duty without loss of pay for such negotiations.
ARTICLE XVIII
NONDISCRIMINATION
The Union and the City agree to promote and afford equal employment opportunities to all persons
regardless of race, creed, color, ethnicity, national origin, sex, age or marital status or the presence of any
non-job-related physical. sensory or mental handicap.
ARTICLE XIX
RETENTION OF BENEFITS
All wages, hours and working conditions held by members at the present time and those in accordance
with City Ordinances as well as those specifically mentioned in this Agreement shall remain in full force,
unless changed by mutual agreement during the term of this agreement.
ARTICLE XX
SAVINGS CLAUSE
Should any Article, Section or portion thereof of this Agreement be unlawful and unenforceable by any
Court of competent jurisdiction, such decision of the Court shall apply only to the specific Article, Section,
or portion thereof, directly specified in the decision and such a decision will automatically reopen for
negotiations the Article, Section, or portion thereof of the Agreement found to be unlawful, to ensure
compliance with the law.
1999 - 2001 Fire Fighter's Contract
Page 14
ARTICLE XXI
TOBACCO FREE WORKPLACE
SECTION 1. New members hired after January 1, 1990 will have agreed, as a condition of employment
to be tobacco-free on-duty. If any of these members subsequently begin tobacco use on-duty during their
probation period they will be terminated. If they begin to use tobacco on duty after successful completion
of their probation period, they will be required to attend smoking cessation classes of their own choice. If
they remain tobacco free on-duty for six (6) months after successful completion of the class they will be
reimbursed up to one hundred and fifty dollars ($150.00) by the City. If the members continue to use
tobacco on-duty they will be subject to normal discipline procedures up to and including termination.
SECTION 2. Members will agree to abide by the City's Tobacco-Free Work Environment Policy and use
tobacco only in assigned areas.
ARTICLE XXII
PROMOTIONAL EXAMS
SECTION 1. All promotions to positions within the bargaining unit shall be based solely on merit,
efficiency and fitness ascertained by open competitive examination.
SECTION 2. Examinations shall fairly, objectively, and comprehensively test for qualifications for the
position.
A general description of the process and methods of examination (i.e. written, oral, assessment center,
etc.), and identification of any portions for which a passing grade is required, weight assigned by the City
to each component, minimum passing scores for any such portion, and minimum passing scores for the
entire examination shall be included in the official examination notice, which shall be provided to the union
and posted conspicuously in every fire station not less than thirty (30) days prior to the examination.
SECTION 3. Examinations shall be prepared and administered by persons who are qualified by reason of
suitable career experience.
SECTION 4. The identities of all examination participants shall be concealed from the examiners
throughout the examination process. The Union may designate an observer to attend the development
and administration of the examination. The examiner(s) shall have the responsibility of assuring that the
observer does not disrupt the examination process. Any observer is required to honor the confidentiality of
the examination until such time as the examination results are posted.
SECTION 5. Candidates shall be allowed a period of five (5) business days following the completion of
the examination, and prior to the posting of the candidates scores, in which each candidate may inspect
his/her summary score sheets and a Qualitative Evaluation Form. A Qualitative Evaluation Form will
provide the candidates with information related to their performance in all phases of the testing process
and is intended to be comprehensive and contain the same criteria for each phase of the testing process
as the rating score sheets used by the assessors. The criteria and content of a Qualitative Evaluation
Form will be mutually agreed upon by the Union observer and the City of Auburn. Candidates shall be
prohibited from reproducing the documents inspected.
SECTION 6. A promotional list shall be maintained by the City for each promotional position within the
bargaining unit and each list shall be valid for one (1) year, with the possibility of an extension for another
year for a maximum total of two (2) years.
MEMORANDUM OF UNDERSTANDING REGARDING
DRUG AND ALCOHOL TESTING POLICY AND PROCEDURES
The procedures outlined in this Memorandum of Understanding for drug and alcohol testing shall become a part
of the current Labor Agreement between the City and the Fire Fighters Union, IAFF Local 1352, and be covered
by all applicable articles within that Agreement. This policy is instituted to assure that both parties work to certify
that the work place is free of employees whose job performance may be impaired by the abuse of drugs and/or
alcohol and to comply with the provisions of the Federal Drug Free Workplace Act of 1988. Therefore, the Union
and the City agree to the following:
SECTION 1. Policy:
The City and the Union recognize that drug use by employees would be a threat to the public welfare and the
safety of department personnel. It is the goal of this Policy to eliminate or prevent illegal drug usage and abuse
of legal drugs or alcohol at all times through education, treatment, and rehabilitation of the affected personnel, to
the extent possible. The illegal possession, manufacture, sale or 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.
SECTION 2. Informing Employees about Drug and Alcohol TeSting:
All employees shall be fully informed of the 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 test can determine, and the consequence of
testing positive for drug use. All newly hired employees will be provided with this information on their initial date
of hire, or as soon thereafter as possible. 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 and/or alcohol
problem shall not be disciplined for that act by the City, unless he/she refuses the opportunity for rehabilitation,
fails to successfully complete the program or again tests positive for drugs within three (3) years of completing
an appropriate rehabilitation program.
SECTI'ON 3. Prohibited and Controlled Substances:
Drugs shall be defined as narcotics, depressants, stimulants, hallucinogens, cannabis, and alcohol substances
whose dissemination. is regulated by law or this policy. ·
With respect to over-the-counter drugs and/or drugs that require a prescription or other written approval from a
licensed physician or dentist for their use, it is the responsibility of the employee to review cautionary warnings
for potential side effects and inquire of the issuing medical authority as to the potential impact of the drug to
impair one's ability to work safely and effectively. Each employee is expected to inform his/her supervisor of
such circumstances if there is reasonable cause to believe there will be impairment.
SECTION 4. Employee Testing:
Employees shall not be subjected to random medical testing involving urine or blood analysis or other similar or
related tests for the purpose of discovering possible drug or alcohol abuse. If, however, objective evidence
exists establishing reasonable cause to believe an employee's work performance is impaired due to drug or
alcohol abuse, the City will require the employee to undergo a medical test consistent with the conditions as set
forth in the Policy. Indications of impaired behavior or a substance abuse problem shall include the odor of
alcohol on the breath, dilated or constricted pupils, accident pattern, abnormal behavior, or performance for that
specific employee.
SECTION 5. Sample Collection:
The collection of the samples shall be performed by a clinic mutually agreeable to the City and the Local,
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 (N.I.D.A.) . The laboratory
performing the test must be agreed to between the City and the Local. The laboratory used shall also be one
whose procedures are periodically tested by N.I.D.A. where they analyze unknown samples sent to an
independent party. The results of employee tests shall be made available to the designated Medical Review
Physician,
Collection of blood or urine samples shall be conducted in a manner which provides the highest degree of
security for the sample and 'freedom from adulteration. Recognized strict chain of custody procedures must be
followed 'for all samples as set by NIDA. The Union and the City agree that security of the biological urine and
blood samples is an absolute necessity, therefore, the City agrees that if the security of the sample is
compromised in any way, any positive test result shall be invalid unless the employee tests positive on a re-test.
An employee who refuses to submit to discovery testing as set forth in this Agreement shall be subject to
disciplinary action up to and including discharge for the purpose of administering this Article.
Blood or urine samples will be submitted as per N.I.D.A. Standards. Employees have the right to seek the
presence of and consultation with Union or legal counsel prior to submission of the sample. Employees shall not
be witnessed while submitting a urine specimen. Prior to submitting a urine or blood sample the employee will be
required to sign a consent and release form (as attached to this Policy).
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 consistent with N.I.D.A. Standards. All
positive confirmed samples and related paperwork must be retained with 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 specimen shall be destroyed. The employee shall not consume any food or liquids
until after the sample is taken.
SECTION 6. Drug Testing:
The laboratory shall test for only the substances and within the limits as follows for the initial and confirmation
tests as provided within N.I.D.A. Standards. The initial test shall use an immunoassay which meets the
requirements of the Food and Drug Administration for commercial distribution. The following initial cutoff levels
shall be used when screening specimens to determine whether they are negative for these five drugs or classes
of drugs:
INITIAL TESTING
Marijuana metabolites 100 ng/ml
Cocaine metabolites 300 ng/ml
Opiate metabolites ~ 300 ng/ml
Phencyclidine 25 ng/ml
Amphetamines 1 ',000 ng/ml
~> If immunoassay is specific for free morphine the initial level is 25 ng/ml.
Unless the City has reasonable basis for conducting a confirmatory test, testing will be discontinued. In this case
the test sample(s) will be destroyed, and records of the testing expunged from the employee's file. Confirmatory
tests will be conducted using gas chrematography/mass spectrometry (GC/MS) techniques at the following listed
cutoff values:
CONFIRMATORY TESTING
Marijuana metabolites ~1 15 ng/ml
Cocaine metabolites ~21 .150 ng/ml
Opiates
Morphine 300 ng/ml
Codeine 300 ng/ml
Phencyclidine 25 ng/ml
Amphetamines 500 ng/ml
Methamphetamine 500 ng/ml
~ Delta-9-tetrahydrocannabinol-9-carboxylic acid
~2> Benzoylecgonine
If confirmatory testing results are negative, all samples shall be destroyed and records of the testing shall be
expunged from the employee's file(s).
SECTION 7. Alcohol Testing:
Reporting for work with any measurable amount of alcohol in the bloodstream (i.e. a blood alcohol level of .05 or
higher) will be a basis for disciplinary action. A breathalyzer or similar equipment shall be used to immediately
screen for alcohol use and if positive, shall be confirmed by a blood alcohol test performed by a qualified
laboratory to determine the amount of alcohol in the bloodstream. The screening test shall be performed by an
individual qualified through a Washington State toxicologist utilizing equipment certified by the State Police. An
initial positive alcohol level shall be .05 grams per 210L 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 file(s).
Or~ly specimens identified as positive on the initial test shall be confirmed using a blood alcohol test. Sample
handling procedures in Section 4 shall apply. A positive blood alcohol level shall be .05 grams' per 100 ml of
blood.
If such alcohol testing results are negative, all samples shall be destroyed and records of the testing expunged
from the employee's file(s).
SECTION 8. Medical Review Physician
The Medical Review Pl~ysician shall be chosen and agreed upon between the City and the Local and must be a
licensed physician with a knowledge of substance abuse disorders. The Medical Review Physician shall be
familiar with the characteristics of test (sensitivity, specificity, and predictive value), the laboratories running 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 alternate medical
explanations for any positive test results. This action shall include conducting a medical interview with the
affected employee, review of the employee's medical history, and review of any other relevant medical factors.
The Medical Review Physician must review all medical records made available by the tested employee when a
confirmed positive test result could have resulted from legally prescribed medication.
SECTION 9. Laboratory Results:
The laboratory will advise only the employee and the Medical Review Physician of any positive results. The
results of a positive drug or alcohol test can only be released to the City by the Medical Review Physician once
he/she has completed appropriate review and analysis of the laboratory's test. The City will be required to keep
the results confidential and it shall not be released to the general public,
SECTION 10. Testing Program Costs:
The City shall pay for all costs involving drug and alcohol testing as well as the expenses involved of the Medical
Review Physician. The employer shall also reimburse each employee for their time and reasonable expenses
including travel incurred in involving the testing procedure only.
SECTION 11. Discipline:
The parties recognize that an employee has the obligation not to place him/herself in a situation where the ability
to perform his/her job is impaired by drugs or alcohol. In the event an employee fails to fulfill his/her obligations,
it is the responsibility of the city to remove such employee from the work environment to prevent the
endangerment of the employee, fellow employees, and/or the public. Any employee who tests positive for drugs
may be subject to disciplinary action up to and including termination, depending upon the circumstances of the
situation. Circumstances that would warrant termination include incidents where the employee's impairment
resulted in loss of life, serious injury to self or others, or the serious loss of damage of property.
In cases where termination is not warranted, the employee involved who tests positive for drugs or alcohol may
be placed in a rehabilitation leave status where the employee may utilize accrued paid leave. In this case, the
employee shall be evaluated by a licensed drug/alcohol evaluator recommended by the E.A.P. counselor
(agreed to by the employer). Participation by the employee in the approved treatment program is mandatory.
Once the intensive part of the program is completed, the employee may be returned to his/her regular duty
assignment but only with a written release from a Physician approved by the employer. Employees who
complete a rehabilitation program may be tested randomly once every quarter for the following thirty six (36)
months.
SECTION 12. Rehabilitation:
Employees who enter the program on their own initiative may or may not be subject to re-testing, depending on
the circumstances. The treatment and rehabilitation shall be paid for by the City to the extent coverage is
provided by the employee's insurance program. Should there be a difference in the number of days of the
rehabilitation program and the limit of the treatment days with the insurance carrier, the City will cover the cost of
the difference up to a maximum of 30 days, inclusive, beyond insurance coverage. Employees will be allowed to
use their accrued and earned leave for the necessary time off involved in the Rehabilitation program. Periodic
progress reports from the attending counselor shall be provided to the employer stating the prognosis of the
employee's return to his/her duty assignment.
If an employee tests positive during the thirty six (36) month period, the employee will be re-evaluated by a
licensed drug or alcohol counselor to determine if the employee requires additional counseling or treatment. The
employee will be solely responsible for any costs, not covered by insurance, which arise from this additional
counseling or treatment.
SECTION 13. Duty Assignment After Treatment
Once an employee successfully completes rehabilitation, they shall be returned to their regular duty assignment,
or other mutually agreeable position within the Fire Department.
SECTION 14. Right Of Appeah
The employee has the right to challenge the results of the drug or alcohol tests and any discipline imposed in the
same manner that he/she may grieve any other employer action.
SECTION 15. Changes in testing procedures:
The parties recognize that during the life of this agreement, thero may be improvements in the technology of
testing procedures which provide more accurate testing. In that event, the parties will bargain in good faith
whether to amend'this procedure to include such improvements. If the parties are unable to agree on the
amendments they will be submitted to impasse procedures as outlined in R.C.W. Chapter 41.56.
SECTION 16. Conflict with other laws or City Policy:
This article is in no way intended to supersede or waive any constitutional or other rights that the employee may
be entitled to or legal obligations that the Employer may have under Federal, State, or local statutes. This
agreement takes precedence over City Policy.
CONSENT/RELEASE
I consent to the collection of a urine sample by
and its analysis by for alcohol or those drugs specified in the Collective
Bargaining Agreement.
The laboratory administering the tests will be allowed to release the results to my Employer only after the
Laboratory's results have been reviewed and interpreted by the Medical Review Physician. The information
provided to the employer shall be only whether the tests were confirmed positive or were negative and not any
other results of the tests without my written consent.
The laboratory is not authorized to release the results of this test to any other person without my written consent.
I understand that I have the right to my complete test results and that the laboratory will preserve the sample for
at least six months. I have the right to have this sample split and a portion tested at the Employer's expense at a
second laboratory of my choice in the event the test results are confirmed positive.
I understand that the Employer is requiring me to submit to this testing as a condition of my employment and that
alteration of the sample or failure to reasonably cooperate with the collection of a urine sample may result in a
disciplinary action by the Employer.
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
MEMORANDUM OF UNDERSTANDING
BY AND BETVVEEN
THE CITY OF AUBURN
AND
THE INTERNATIONAL ASSOCIATION OF
FIRE FIGHTERS LOCAL NO. 1352
Currently the position of "FFIC-Specialist" is a classified civil service position, carrying a 2% proficiency
pay over the base wage of FF1C. The job descriptions of the various classifications are contained in the
Civil Service Rules, with the extensive performance standards for each classification being held at the
Fire Department.
It is in the best interests of both parties to govern the day-to-day implementation of the activities of FF1 C-
Specialists. In addition to the job descriptions and the performance standards, the following guidelines
will serve this purpose:
1. Members shall be appointed as FFIC-Specialist Trainee by the Chief or his/her designee in
accordance with the "Guidelines for Testing for Fire Fighter First Class Specialist Positions"
referenced in Section 9 of this M.O.U.
2. Members may be removed from the FFIC-Specialist class by the Chief or his/her designee which
may include but not be limited to:
a) Inability to meet performance standards
b) Failure to respond with statistical regularity
c) Inability to achieve training goals
d) Changing staffing needs of the department
3. Members who are appointed to a FFIC-Specialist position will be expected to serve as a FFIC-
Specialist Trainee until training objectives and performance standards are achieved. At the end
of the first six (6) month period, the Chief or his/her designee shall evaluate the progress of the
trainee towards accomplishment of training goals and proficiency standards. The trainee shall be
eligible to receive the proficiency pay upon satisfactory completion of this evaluation. Should a
member transfer from on FF1C-Specialist position to another, said member will continue to
receive the 2% incentive without interruption during the new training period. Should the new
training period not be successfully completed the 2% increase would be dropped upon
discontinuation of holding a Specialist position. Members serving in assignments to specific
positions on forty-hour (40) weeks will receive their Specialty premium effective at the start of
their assignment. Currently those positions are "Deputy Fire Marshal", two (2) positions and
"Training Division Specialist", one (1) position. These also include a premium pay of five (5)
percent above FF1C Specialist pay rate.
4. FFIC-Specialist classifications shall include the following classes and numbers of members per
team or assignment:
A. Special Operations
1. Rescue Specialists 6
2. HAZ-MAT Specialists 6
B. Shift Fire/Arson
1. Investigation Specialists 3
C. Public Information and Education
1. Shift P.I.E. Specialists 3
2. Public Information Officer 1
D. Shift Medical Specialists 3
E. Communications Specialists 1
F. Mechanic 1
G. Deputy Fire Marshal ' ' 2
H. Training Division Specialist 1
Total 30
Nothing in the above stated numbers will preclude the Chief or his/her designee from adding to or deleting
from the number of FFIC-Specialists in the Department based on staffing needs.
5. FFIC-Specialists will be required to prepare and deliver training classes each calendar year to all
personnel. These classes will be coordinated through the Training Division and developed and
delivered to W.S.F.S.TJS.A.R.A. standards.
A. Shift Medical Specialists would be exempted by virtue of the requirement for them to be
certified continuing education instructors through K.C.E.M.S. Shift medical specialists
would teach required C.E. classes.
B. HAZ-MAT Specialists will be required to teach classes each calendar year on their
respective shifts to ensure 24 hours of annual HAZ-MAT training, per member.
C. Rescue Specialists would teach S.C.B.A. classes for the department.
6. The Chief may appoint a FF1C as a Specialist based upon specialized vocational skills that prove
cost-effective and in the best interests of the City of Auburn (i.e., Mechanic, Communications
Specialist).
7. Officers shall not be eligible to receive specialist class pay.
8. It is the intent to encourage the member to serve on the team/assignment long enough to be of
value as an effective operating member of the team. Voluntary termination of the member from a
team/assignment will require prior approval of the Chief or his/her designee. Deputy Fire
Marshal's and Training Division Specialist will be expected to commit to a three (3) year
assignment as referenced in Article V; Section 10 of this labor agreement.
9. Guidelines for Testing for Fire Fighter First Class - Specialist Positions
1. Testing to fill vacancies in the Fire Fighter specialist positions shall be conducted under the
direction of the Chief of the Fire Department, by the "Joint Apprenticeship and Training
Committee" (J.A.T.C.).
2. The J.A.T.C. shall ensure that the applicants for Fire Fighter Specialist shall have a passing grade
in an examination for said position, conducted under the direction of the Fire Chief by the J.A.T.C.
The Chief shall file the results of the examination with the Auburn Civil Service Commission
Secretary-Chief Examiner (per Rule 22).
3. To fill Fire Fighter Specialist vacancies, the Officer-in-Charge (O.I.C.) or Team Leader shall:
A. Submit a request to conduct a test to the Fire Chief. The Chief will forward the requests
for the test to the J.A.T.C. with approval to conduct the test.
B. The O.I.C. or Team Leader shall appoint a member to coordinate the conduct of an
examination with a designated member of the J.A.T.C.
C. All tests conducted under the authority of the J.A.T.C. shall comply with Civil Service
Rules (Rule 8), Department Rules and Regulations and J.A.T.Co requirements. It is the
intent of the J.A.T.C. to ensure that fair, impartial and documented tests are conducted.
D. The appointed member seeking to fill a vacancy shall provide the J.A.T.C. with a
confidential examination that meets the provisions of item 3C. The appointed member
shall ensure that the. technical aspects of the test are correct and the J .A.T.C. coordinator
shall ensure compliance with item 3C.
Tests developed for use shall be kept in the custody of the J.A.T.C. After testing is
conducted, individual's tests shall be maintained by the J.A.T.Co
F. At least two members of the J.A.T.C. shall be present and act as proctors during the
conduct of all phases of the testing.
G. The appointed member and the J.A.T.C. coordinator shall supply the Fire Chief with
written test results in ranking order. The Chief may authorize an appointment after
appropriate review.
4. The J.A.T.C. welcomes written comments or observations to improve the intent of fair and
impartial testing on behalf of the Auburn Fire Department.
1999 -2001 Fire Fighter's Wage Schedule -Illustrative only- (2.5% for 2000)
1/1/99 1/1199 1/1100 1 I1/01 7/1101
Base Wage Increase: 1.7% 2.25% 2.5% 2.5% 1%
Rank:
Fire Fighter4th Class 3285.16 3359.08 3443.06 3529.14 3564.43
Fire Fighter 3rd Class 3577.72 3658.22 3749.68 3843,42 3881.85
Fire Fighter 2nd Class 3881.00 3968.32 4067.53 4169.22 4210.91
Fire Fighter 1 st Class 4201.74 4296.28 4403.69 4513.78 4558.92
Fire Fighter 1 st Class - Spec 4285.77 4382.20 4491.76 4604.05 4650.09
Dpty. F.M/Trn. Div. FF Spec. 4500.06 4601.31 4716.35 4834.25 4882.60
Captain & Asst. Fire Marshal 4971.50 5083.36 5210.44 5340.70 5394.11
Battalion Chief& Fire Marshal. 5485.79 5609,22 5749.45 5893.19 5952.12
Longevity
5 years 85.93 88.07 90.28 91.18
8 years 150.37 154.13 157.98 159.56
11 years 214.81 220.18 225.69 227.95
14 years 279.26 286.24 293,40 296.33
17 years 343.70 352.30 361,10 364.71
Education
Hired Prior to 1/1/90:
30 credits 69,64 69.64 69.64 69.64
60 credits 129.28 129.28 129.28 129.28
AA Degree 1.88.92 188.92 188.92 188.92
BA/BS Degree 250.00 250.00 250.00 250.00
Hired After 1/1/90:
AA Degree 200.00 200.00 200.00 200.00
BA/BS Degree 250.00 250.00 250.00 250.00
0
(].1
1999 - 2001 Fire Fighter's Contract
Page 15
SECTION 7. Upon request for certification of names to fill a vacancy, the Secretary-Chief Examiner shall
certify to the department head the three (3) names of the candidates standing highest on the appropriate
eligibility list and willing to accept the position for which certification is made. Each appointment shall be
made by the City, from one (1) of the top three (3) names on the list.
SECTION 8. After each regular appointment from an eligibility list, an employee shall serve a complete
period of probation before appointment or promotion is complete. No new probationary period results from
a transfer to a different shift or reduction of an employee who previously completed a probationary period.
The period of probation shall be twelve (12) calendar months from the date of appointment to a regular
position. If an employee is absent from duty for a prolonged period during a probationary period and the
department head does not have a reasonable opportunity to evaluate the performance of an employee,
the department head may calculate the probationary period on the basis of twelve (12) calendar months of
actual service, exclusive of the time away on leave.
SECTION 9. The Union, and any employees it represents, shall appeal any alleged violation of the
promotion process set forth herein through the grievance procedure of the collective bargaining
Agreement rather than through the Civil Service Commission. Exclusive to the promotional exam
process, the initial step in the grievance procedure shall be established as five (5) business days in order
to coincide with section five (5) of this Article. Any appeal of the promotion process not settled through
the grievance procedure shall be reviewed by an arbitrator as to whether or not the City violated the
procedures set forth herein.
ARTICLE XXIII
DURATION
SECTION 1. Except as otherwise indicated in individual Articles, this Agreement shall be effective
January 1, 1999 and shall remain in full force and effect through December31,2001.
Signed this .-~ ~ day of~)/)'l~ ,1999, at Auburn, Washington.
City of Auburn International Association of
Fire Fighters' Local #1352
Mayor
y Clerk
By:
Approved As To Form: o
By: ~re~y '~