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RESOLUTION NO.3 7 6 5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, APPROVING THE COLLECTIVE BARGAINING
AGREEMENT BETWEEN THE CITY AND THE INTERNATIONAL
ASSOCIATION OF FIRE FIGHTERS' LOCAL #1352 FOR 2005-2007
WHEREAS, this Agreement is between the City of Auburn and the
International Association of Fire Fighters' Local #1352 for the purposes of setting
forth the mutual understanding of the parties to conditions of employment for those
employees for whom the City recognizes the International Association of Fire
Fighters Local #1352 as the collective bargaining representative; and
WHEREAS, the City of Auburn recognizes the International Association of Fire
Fighters' Local #1352 as the exclusive bargaining representative of all employees
designated as International Association of Fire Fighters' Local #1352.
WHEREAS, after review and approval of the Collective Bargaining Agreement
by the City of Auburn and International Association of Fire Fighters' Local #1352.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Purpose. The City Council hereby authorizes the execution of the
Collective Bargaining Agreement by and between the City of Auburn and the
International Association of Fire Fighters' Local #1352 for 2005 - 2007 as set forth in
Exhibit "A" attached hereto and incorporated herein by reference.
Section 2. The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directions of this legislation.
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Resolution No. 3765
September 14, 2004
Page 1
Section 3. This resolution shall be in full force and effect upon passage and
signatures hereon.
:J\--. .~-.
DATED and SIGNED this 2I) day of':::x·¡ ;-\ ~·.\\\.}t;y 2004.
\
CITY OF AUBURN
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51 __
PETER B. LEWIS
MAYOR
ATTEST:
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.I i -", f' "
A' j ",¡:[)( ~:p-z-
'Danielle E. Daskam,
City Clerk
Daniel B. id,
City Attorney
-------------------------
Resolution No. 3765
September 14, 2004
Page 2
ATTACHMENT "A"
PROPOSED AGREEMENT
BY AND BETWEEN
THE CITY OF AUBURN
AND
THE INTERNATIONAL ASSOCIATION OF
FIRE FIGHTERS' lOCAL #1352
This offer is a package proposal. Rejection of any part is a rejection of the entire
proposal. Failure by the City of Auburn and/or the IAFF Local 1352 to accept this
proposal as a whole removes if from the bargaining process and the parties will
commence negotiations anew, without regard to this proposal. This offer is extended
with the understanding that if it is rejected there will be no claims of regressive
bargaining by either party with regard to future proposals.
January 1, 2005 through December 31, 2007
This agreement is between the City of Auburn (hereinafter called the "City") and the
International Association of Fire Fighters' Local #1352 (hereinafter 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.
IAFF 1352
Contract 2005-2007
Page 1 of 32
TABLE OF CONTENTS
ARTICLE 1 RECOGNITION................. ............................................ ........ ..............................4
ARTICLE 2 UNION SECURITY AND DUES........ ....................................... ............. ......... ......4
ARTICLE 3 UNION ACTiViTy................ ................................................................................ 5
ARTICLE 4 HOURS OF WORK AND OVERTIME ................................................................. 5
Section 1 Workweek, Shifts......................................................................... .....5
Section 2 Workweek, Days......... ................ ...........................................,.... ......5
Section 3 Off-shift Work, Minimum Call Back ...................................................5
Section 4 Holdover and Non-Callback ............................................................ 5
Section 5 Overtime Rate... ................................ ........ ................................ ........6
Section 6 Additional Manpower............... .................... ......................................6
Section 7 Kelly Days......... ......... ......... ............ ..................................... ............. 6
Section 8 Payment for Non-emergency & Non-Manning Shifts.........................6
Section 9 Lunch Period...............................................................,..................... 6
Section 10 Accrual Conversions.............. ...................... ..... ................................6
Section 11 Scheduling Time Off ......................,..................................................6
ARTICLE 5 WAGES........ ........................... .................... .......... .............................................. 8
Section 1 Compensation............... ..........................,.................. ....................... 8
Section 2 Specialist Pay... .................. ............... .......... ......... ........... ................. 8
Section 3 Educational Incentive...................................................................... 11
Section 4 Longevity........................................................................................ 12
Section 5 Temporary Assignment................................................................... 13
Section 6 Court Testimony............................................................................. 13
Section 7 ~ase Hourly Rate Calculation .........................................................13
Section 8 Current Pay Rate Calculation.......................................................... 13
Section 9 Pay Dates....................................................................................... 13
Section 10 Pay Differential............................................................................... 13
Section 11 Tuition Reimbursement................................................................... 13
Section 12 Standby Time-Duty Chief............................. ...... ........ ..................... 14
Section 13 Hazard Pay..................................................................................... 14
ARTICLE 6 HOLIDAyS.... ...... ............ ................. ................... ......... .............. ....................... 14
ARTICLE 7 VACATION........................................................................................................ 15
ARTICLE 8 SICK LEAVE...... ................................................................................................ 16
IAFF 1352
Contract 2005-2007
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ARTICLE 9 BEREAVEMENT LEAVE ..................................... .................................... .......... 18
ARTICLE 10 JURY PAy............................... .......................................................................... 19
ARTICLE 11 HEALTH INSURANCE .............. ............................ ,.... ....................................... 19
ARTICLE 12 UNIFORM ALLOWANCE .... .............................................................................. 20
ARTICLE 13 GRIEVANCE, CONCILIATION AND ARBITRATION PROCEDURE .................20
ARTICLE 14 MANAGEMENT RIGHTS........ ........................................ ....... ............................21
ARTICLE 15 BULLETIN BOARD................... .................................... ........................... ..........21
ARTICLE 16 NO STRIKE....... ................ ......... ...................................... ................................. 22
ARTICLE 17 UNION RERESENT A TIVE .......... ...... ...................... .............................. ............ 22
ARTICLE 18 NON-DISCRIMINATION... ....... .......... .......... ....... .............. .......... ......... ....... ....... 22
ARTICLE 19 RETENTION OF BENEFITS ................... ............ ..... ........................... ..............22
ARTICLE 20 SAVINGS CLAUSE ............ ........ ............................. .... ...................................... 23
ARTICLE 21 TOBACCO, DRUG, ALCOHOL FREE WORKPLACE .......................................23
ARTICLE.22 PROMOTIONAL EXAMINATIONS ....................................................................30
ARTICLE 23 DURATION....... .......................... .......... ........:.............. ........................... ........... 31
APPENDIX "A"
2005 Auburn Fire Fighters Wage Schedule
IAFF 1352
Contract 2005-2007
Page 3 of 32
BY AND BETWEEN
THE CITY OF AUBURN
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, Assistant Fire Marshal, Deputy Fire Marshal, Battalion Chief and Fire Marshal.
SECTION 2. Probationary periods upon initial appointment shall not exceed one year in length,
exclusive of the time spent at the Washington State Fire Service Training Academy. During an
employee's initial probationary period, he/she may be discharged by the employer at will and
such discharge shall not be subject to the grievance procedure. During a promotional
probationary period, an employee may be reverted to his/her former classification and such
reversion shall be subject to the grievance procedure.
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
IAFF 1352
Contract 2005-2007
Page 4 of 32
member's wages in the manner prescribed by law. The amount so deducted shall be sent each
payday to the Union. .
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 AM. and expire the following day at 7:00 AM., providing that shifts
occurring on Sundays and holidays established by City Ordinance shall commence at 8:00 AM.
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 (~) 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. Off-shift members called back to duty on a holiday shall
be paid two (2) times their hourly rate.
SECTION 4. HOLDOVER 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. Holdover overtime shall
be at the member's overtime rate, when an incident occurs prior to shift change (per Article 4,
Section 1) that causesß 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 when the officer in charge of arriving
emergency units requests their assistance. Non-callback overtime shall be paid at the
member's overtime rate. Both holdover and non-callback overtime shall be paid on an hour-for-
hour basis.
IAFF 1352
Contract 2005-2007
Page 5 of 32
SECTION 5. OVERTIME RATE: Members shall be paid for overtime at the rate of time-and-
one-half (1 Y2) based upon the current regular rate of pay for his/her individual classification.
The overtime rate of pay shall be determined by multiplying the individual's current regular 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.
SECTION 7. KELLY DAYS: Kelly Days (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 acceptable staffing levels as defined by Section 11 of this article.
SECTION 8. PAYMENT FOR NON-EMERGENCY OR NON-STAFFING OVERTIME:
Overtime payor compensatory time shall be earned at the rate of one and one-half (1Y2) hours
of current regular rate of pay 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 regular rate of pay by separate
check on or before June 10th of each year. No member may carry more than forty-eight (48)
hours of compensatory time past the first of June.
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.
SECTION 11. SCHEDULING TIME OFF: Time off shall be chosen by individual members based on the
following guidelines:
Annual leave for 24-hour shift members shall be defined as: vacation, floating holidays,
compensatory time of at least twelve (12) hours or more (half shift). Administrative leave will
not count against any provided annual leave slots; however, FMLA leave of over 30 days for the
healthy birth or adoption of a child will count as a provided annual leave slot.
For purposes of scheduling time off, acceptable staffing levels shall be defined as one position
above minimum staffing requirements. Minimum staffing requirements shall be defined as the
minimum number of personnel, including Chief Officers and Company Officers necessary to
staff the first line apparatus.
For purposes of scheduling time off, peak months are June, July, and August. For purposes of
scheduling time off, off-peak months are January, February, March, April, May, September,
October, November, and December.
IAFF 1352
Contract 2005-2007
Page 6 of 32
Any request for annual leave shall only be approved if staffing on the date(s) requested is
above acceptable levels at the time of the request. A period of annual leave during off-peak
months shall be defined as any annual leave of two (2) or more consecutive shifts with thirty
(30) or more days notice. A period of annual leave during the peak months shall be defined as
any annual leave of three (3) or more consecutive shifts with thirty (30) or more days notice.
Any request for annual leave will be subject to being bumped by a request for a period of
annual leave with thirty (30) or more days notice.
Seniority-based vacation scheduling shall be the requesting of annual leave, in the form of
vacation, prior to December 15 of the previous year. In order to hold leave privileges, members
must request periods of annual leave. Any request for annual leave shall be approved only if
staffing for the date(s) requested is above acceptable levels on the December 15 cutoff date.
Seniority shall prevail in determining which annual leave request shall be scheduled for the time
off. There shall be no more than two (2) periods of annual leave of three (3) or more
consecutive shifts scheduled for the peak months by any member during this scheduling period.
Approval of requests for annual leave prior to the start of the shift being requested off, when
staffing is above acceptable levels, shall be based on the date and time that the request is
received. This does not apply for periods of annual leave approved during seniority-based
vacation scheduling.
Vacation and compensatory time may be used in less than twelve (12) hour increments with
permission of the Fire Chief or his/her 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 the minimum staffing requirements, the request stands
automatically denied. Annual leave shall have priority over requests of less than twelve (12)
hours or half-shift increments. Floating holidays shall be used in whole or half-shift increments
only. 1900 hours shall define the halfway point of any given shift.
The Union and Administration together recognize the necessity to send personnel to schools
outside of normal training provided by the department. Any schools approved through the
school request process with at least thirty (30) days notice can be posted as a school day on
the schedule. The Administration agrees to limit the number of approved school days on the
schedule to two (2) on any given day. Any other approved school request beyond two (2) shall
not prevent any member from having a request for annual leave approved if slots are available.
With the exception of schools that occur in January or February, the Administration agrees not
to post any schools until after January 31 of each calendar year.
If any unused slots above acceptable staffing levels are available at the start of shift, then the
Battalion Chief may approve time off as dictated by staffing needs or training requirements as
outlined above in this section.
The Battalion Chief may also approve time off down to minimum staffing at the start of the shift
based on the same criteria. Seniority shall prevail for approval of these last minute requests.
The Union and the Administration together recognize the necessity to provide time off for the
use of annual/eave. In an effort to minimize overtime and still provide time off for annual leave,
the Union and the Administration agree that no slots for annual leave be guaranteed beyond the
scheduling practices described above during the peak months. However, the Union and the
Administration agree that during the non-peak months the number of slots to be provided for
annual leave shall be equal to the number of fire stations staffed per shift (Example: If the City
IAFF 1352
Contract 2005-2007
Page 7 of 32
of Auburn staffs three (3) fire stations, then three (3) slots for annual leave will be provided, per
shift. If four (4) stations are staffed, then four (4) slots will be provided, per shift. If five (5)
stations are staffed, then five (5) slots will be provided, per shift and so on). This formula is
based on staffing stations with an engine or ladder company at a minimum.
The Union and the Administration together recognize the need for each shift to be staffed
evenly and in the event that any shift's staffing falls below that of the other shifts, the
Administration agrees to make every effort to fill the shortage in order to equalize the shifts
within a reasonable period of time. .
These guidelines are only the minimum criteria for allowing members to take time off. The
Administration has the right to allow time off outside of these guidelines, should special
circumstances arise (Example: emergency leave for personal matters that arise that are not
covered by family sick leave). This time off may be granted at the sole discretion of the Chief or
his/her designee. As much advance notice as possible should be given when a member
requests emergency leave.
ARTICLE V
WAGES
SECTION 1. COMPENSATION: Members covered by this Agreement shall, commencing
JanUary 1, 2005, be compensated in accordance with the wage schedule attached to this
Agreement and marked Appendix "A". Effective January 1, 2005, this shall provide a wage
increase of one hundred percent (100%) of the Seattle-Tacoma-Bremerton CPI-W (August
2003 to August 2004 index).
Effective January 1, 2006, the 2005 wage schedule shall be increased by one hundred percent
(100%) of the Seattle-Tacoma-Bremerton CPI-W (August 2004 to August 2005 index).
Effective January 1, 2007 the 2006 wage schedule shall be increased by one hundred percent
(100%) of the Seattle-Tacoma-Bremerton CPI-W (August 2005-August 2006 index).
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 listed below. Base pay for this classification is two percent (2%) higher than the
FF1 C base pay. Effective January 1, 1999 Fire Inspector Specialists were re-titled as "Deputy
Fire Marshal's" and had five percent (5.0%) added to their base pay above FF1C Specialist pay
scale. Effective January 1, 1999 the position of "Training Division Specialist" was added to the
Specialist list and shall include the same premium as the Deputy Fire Marshals. Effective
March 1, 2002, the position of "Respiratory Protection Specialist" shall be added to the
Specialist list. A total of three (3) Respiratory Specialist positions are approved.
Currently the position of "FF1 C-Specialist" is a classified civil service position, carrying a 2%
proficiency pay over the base wage of FF1 C. 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:
IAFF 1352
Contract 2005-2007
Page 8 of 32
1. Members shall be appointed as FF1 C-Specialist Trainee by the Chief or his/her
designee ill accordance with the "Guidelines for Testing for Fire Fighter First Class
Specialist Positions" referenced in # 9 of this section. The number of Firefighter 1 st
Class Specialist in each specialty will not exceed the number designated in Article V.
Section 2.4 unless specifically approved in the budget.
2. Members may be removed from the FF1 C-Specialist class by the Chief or his/her
designee for reasons that 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 FF1 C-Specialist position will be expected to serve as a
FF1 C-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 one FF1 C-
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 FF1 C Specialist pay rate.
4. FF1 C-Specialist classifications shall include the following classes and numbers of
members per team or assignment:
A. Special Operations
1. Rescue Specialists
2. HAZ-MAT Specialists
6
6
B. Shift Fire/Arson
1. Investigation Specialists
3
C. Public Information and Education
1. Shift P.I.E. Specialists
2. Public Information Officer
3
1
D.
Shift Medical Specialists
6
E.
Communications Specialists
1
IAFF 1352
Contract 2005-2007
Page 9 of 32
F. Mechanic 1
G. Deputy Fire Marshal 2
H. Training Division Specialist 1
I. Respiratory Protection Specialist ª
Total 33
Nothing in the above stated numbers will preclude the Chief or his/her designee from adding to
or deleting from the number of FF1 C-Specialists in the Department based on staffing needs.
However, the number of FF1 C Specialist in each specialty will not exceed the number
designated in Article V. Section 2.4 unless specifically approved in the budget.
5. FF1 C-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.T./S.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-MA T 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. Respiratory ProteCtion Specialists would teach S.C.B.A. classes for the
department.
6. The Chief may appoint a FF1 C 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
A. 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.).
B. 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).
IAFF 1352
Contract 2005-2007
Page 10 of 32
C. To fill Fire Fighter Specialist vacancies, the Officer-in-Charge (O.I.C.) or Team
Leader shall:
1. 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.
2. 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.
3. 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.C.
requirements. It is the intent of the J.A.T.C. to ensure that fair, impartial and
documented tests are conducted.
4. 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.
5. 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.C.
6. 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.
7. 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.
D. 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.
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.
Hired on or before December 31, 1989:
Credits:
Educational Incentive Pay:
30 college Quarter credits
60 college Quarter credits
AA Degree
BNBS Degree
$69.64 per month
$129.28 per month
$188.92 per month
$250.00 per month
Hired on or after January 1, 1990
Credits:
Education Incentive Pay:
AA Degree (90 Quarter Credits)
$200.00 per month
IAFF 1352
Contract 2005-2007
Page 11 of 32
BA Degree (180 Quarter Credits)
$250.00 per month
Effective January 1, 2002, Education Incentive shall be paid for the following, job related
degrees, which are designated as: Fire Command Administration, Fire Science, Fire
Technology, Fire Investigation, Business or Public Administration and other fire service related
degrees from accredited colleges or universities, as reasonably determined by the City of
Auburn. It is the intent of the Educational Incentive that the member will receive the maximum
educational· benefit of student-to-student and student-to-instructor interaction through class
attendance and classroom instruction. As such, colleges and universities that the City has
determined meet its criteria include: any college, university, community college, or junior college
that is part of a state educational system or any of the following additional colleges/universities
that the City has either previously approved for attendance or has determined to meet the intent
of this incentive:
Bates Technical College
City University
Seattle University
Seattle Pacific University
Community College of the Air Force
Gonzaga University
Saint Martin's College
University of Phoenix
The City will continue to consider other colleges/universities on a case-by-case basis.
Newly hired members, serving a probation period, shall 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
Upon Completion of 8 years
Upon Completion of 11 years
Upon Completion of 14 years
Upon Completion of 17 years
2.0% of FF1 C salary per month
3.5% of FF1 C salary per month
5.0% of FF1 C salary per month
6.5% of FF1 C salary per month
8.0% of FF1 C salary per month
SECTION 5. TEMPORARY ASSIGNMENT: Any member temporarily assigned by the Chief of
the Department or his/her designee to work in a higher classification shall be paid at the
established rate of pay for such classification while performing such duties.
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 (1Y:1) for actual attendance at the court
hearing per calendar day.
SECTION 7. BASE HOURLY RATE CALCULATION: The base hourly rate is equal to the base
pay period rate times two (pay periods per month), times twelve (months per year) divided by
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Contract 2005-2007
Page 12 of 32
individual's scheduled hours of work (2080 for day shift members or 2442 for 24-hour shift
members). This rate is not used to calculate overtime.
SECTION 8. CURRENT REGULAR PAY RATE CALCULATION: The current regular pay rate is
equal to the base pay period rate plus applicable pay period incentive rate (including longevity)
times two (pay period per month), times twelve (month per year) divided by the individual's
scheduled hours of work (2,080 for day shift members or 2,442 for 24-hour shift members).
This rate is used to calculate overtime.
SECTION 9. PAY DATES: Pay days shall be on or before the eighth (8th) 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 FF1 C and FF1 C Specialist
Between FF1 C Specialist and Deputy Fire Marshal
Between FF1 C Specialist and Training Division Specialist
Between FF1 C Specialist and Captain
Between FF1 C Specialist and Battalion Chief
102% of FF1C base wage
105% of FF1C Specialist base wage
105% of FF1 C Specialist base wage
116% of FF1 C Specialist base wage
128% of FF1C Specialist base wage
SECTION 11. TUITION REIMBURSEMENT: The City agrees to reimburse members for
educational expenses including tuition and books for other college 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 per
quarter hour rate schedule at the University of Washington for the same number of credits
earned. It is understood that tuition reimbursement and cost of books will not be approved for
course credit given for experiential learning, work experience, audited courses, or courses in
which the employee is given credit for "testing out" (i.e. CLEP, DANTES, or other
college/university testing programs). In order to be eligible for reimbursement, the member
must receive a grade of "C" or better, or "Pass" in a pàss/fail system. It is the member's
responsibility to have his/her programs approved by the Fire Chief, Human Resources Director
and/or the Mayor prior to entering into the program. Member's failure to secure City pre-
approval of the entire educational program may result in denial of the education incentive pay.
The intent of the pre-approval process is to ensure that both the City and the member agree
upon where and how the employee plans to obtain his/her degree, and to formally agree to any
future changes in that process.
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.
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Contract 2005-2007
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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 January 1, 2002, 24-hour shift members who work, scheduled or
unscheduled, on any of the ten (10) holidays listed below shall be paid a maximum of two (2)
times their regular rate of pay.
January 15t
3rd Monday in January
3rd Monday in February
Last Monday in May
July 4th
15t Monday in September
November 11 th
4th Thursday in November
4th Friday in November
December 25th
New Year's Day
Martin Luther King Day
President's Day
Memorial Day
Independence Day
Labor Day
Veterans' Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
In addition to the above listed holiday compensation, 24-hour shift members will receive two (2)
24-hour floating holidays annually, to be taken at regular pay, without loss of payor benefits.
Any floating holiday not used during the year earned, will be lost. Shift employees will schedule
their floating holidays as paid time off and may not "cash it in". Floating holidays will be
scheduled in the same way vacation is scheduled.
SECTION 3. Members working day shift shall be entitled to holiday leave in accordance with
Auburn City Code 2.63.010 listed below:
January 15t
3rd Monday in January
3rd Monday in February
Last Monday in May
July 4th
15t Monday in September
November 11 th
4th Thursday in November
4th Friday in November.
December' 25th .
Two (2) Floating Holidays
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Contract 2005-2007
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New Year's Day
Martin Luther King Day
President's Day
Memorial Day
Independence Day
Labor Day
Veterans' Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
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.
1st year of service:
Beginning 2 through 5 years' service:
Beginning 6 through 10 years' service:
Beginning 11 through 15 years' service:
Beginning 16 through 20 years' service:
Beginning 21 or more years' service:
Days to shift: 100%
Days to shift: 150.5%
Days to shift: 150%
Days to shift: 150.4%
Days to shift: 149.7%
Days to shift: 150%
Shift to days: 100%
Shift to days: 66.4%
Shift to days: 66.7%
Shift to days: 66.5%
Shift to days: 66.8%
Shift to days: 66.7%
SECTION 2. At the member's discretion upon written request to the Fire Chief no later than
November 30, any portion of remaining vacation over six (6) shifts which has 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 regular rate of pay .
SECTION 3. 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
Beginning 2 through 5 years' service
Beginning 6 through 10 years' service
Beginning 11 through 15 years' service
Beginning 16 through 20 years' service
Beginning 21 or more years' service
Accrue 3 shifts/year or
Accrue 7 shifts/year or
Accrue 9 shifts/year or
Accrue 10 shifts/year or
Accrue 11 shifts/year or
Accrue 12 shifts/year or
6 hours/month
14 hours/month
18 hours/month
20 hours/month
22 hours/month
24 hours/month
SECTION 4. Fire Department members working day shift shall
accordance with the following schedule:
Beginning 1 st year of service
Beginning 2 through 5 years' service
Beginning 6 through 10 years' service
Beginning 11 through 15 years' service
Beginning 16 through 20 years' service
Beginning 21 or more years' service
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Contract 2005-2007
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Accrue 9 days/year or
Accrue 14 days/year or
Accrue 18 days/year or
Accrue 20 days/year or
Accrue 22 days/year or
Accrue 24 days/year or
be granted vacation in
6.0 hours/month
9.3 hours/month
12.0 hours/month
13.3 hours/month
14.7 hours/month
16.0 hours/month
SECTION 5. 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.
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.
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 or injuryßhall be reported at the beginning of any period of illness to the
Fire Chief or his/her designee. If a member sustains an injury requiring treatment by a health
care provider, the member will be required to submit to the Fire Chief of his/her designee, prior
to resuming his/her duties, a return to work slip from the health care provider stating that the
member can return to work with or without restrictions. If work restrictions are required,
assignments to light duty will be made in accordance with City administrative policies. If sick,
the member shall provide a written statement explaining the nature of his/her illness
immediately upon return to work and provide a doctor's certificate within three days when
requested. In both cases, within three days of returning to work, the member will submit a
formal request for approval of leave 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
IAFF 1352
Contract 2005-2007
Page 16 of 32
(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. Six (6) calendar weeks of sick
leave for all personnel may be used per occurrence for the birthing process or the placement of
an adopted or foster child. Should complications occur in the birthing process or in the health
of the newborn or mother, that requires the member's time away from work over and above the
six calendar weeks, additional time off can be requested by the member. Leave without pay is
available beyond that timeframe, in accordance with the Family and Medical Leave Act.
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 anyone
incident shall submit a written report from a doctor to the Fire Chief or his/her designee upon
returning to work. The report shall include, when applicable, a written statement explaining
his/her diagnosis, treatment and prognosis.
Report 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 made in accordance
with City administrative policies. 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:
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Contract 2005-2007
Page 17 of 32
Upon Completion
of Year of Service:
Percent of Accrued
Unused Sick Leave:
o 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 " member sustains an on-the-job injury or illness as covered by
Washington State Workers' Compensation, he/she shall receive his/her current regular 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. Member shall be paid by separate check
on or before January"1 Oth each year.
Day shift employees will be paid at 25% of employee's current regular rate of pay for all hour(s)
in excess of 960 as of December 31st.
24-hour shift employees current balance as of December 31st (after payroll processed), over
1300 hours will be divided by 24-hours, multiplied by 10 hours, paid at 25% of employee's
current regular rate of pay.
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.
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Contract 2005-2007
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ARTICLE X
JURY 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 staffing and other staffing issues, to attempt to have the
person exempted from s~rving 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. Employees
shall be required to report for work for any portion of their regularly scheduled shift during which
they are not actually serving on a jury 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 " 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. AWC Orthodontia Plan 1
5. Vision Service Plan Eye Care
6. Association of Washington Cities' Life Insurance with death
benefit of $30,000.
7. LEOFF" 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 " 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 " 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.
SECTION 3. Wellness/Fitness Initiative: The City and the Union agree to implement and abide
by the provisions in the IAFF/lAFC Joint Labor/Management Well ness-Fitness Initiative. It is
the intent of both parties 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
IAFF 1352
Contract 2005-2007
Page 19 of 32
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 and shall not have
IAFF 1352
Contract 2005-2007
Page 20 of 32
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 layoff 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.
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Contract 2005-2007
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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.
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.
JAFF 1352
Contract 2005-2007
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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.
ARTICLE XXI
TOBACCO. DRUG. ALCOHOL 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. Tobacco use shall not be allowed in City vehicles or buildings. Members will
agree to abide by the City's Tobacco-Free Work Environment Policy and use tobacco only in
assigned areas.
SECTION 3. The procedures outlined below 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:
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.
2. Informina Employees about Druq 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
IAFF 1352
Contract 2005-2007
Page 23 of 32
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
daté 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.
3. Prohibited and Controlled Substances:
Drugs shall bé 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.
4. Emplovee 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.
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.O.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
IAFF 1352
Contract 2005-2007
Page 24 of 32
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.O.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) mon'ths 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.
6. Drua 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
Cocaine metabolites
Opiate metabolites (1)
Phencyclidine
Amphetamines
100 ng/ml
300 ng/ml
300 ng/ml
25 ng/ml
1,000 ng/ml
(1) 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
chromatography/mass spectrometry (GC/MS) techniques at the following listed cutoff
values:
CONFIRMATORY TESTING
Marijuana metabolites (1)
Cocaine metabolites (2)
Opiates
Morphine
Codeine
Phencyclidine
15 ng/ml
150 ng/ml
300 ng/ml
300 ng/ml
25 ng/ml
IAFF 1352
Contract 2005-2007
Page 25 of 32
Amphetamines
Methamphetamine
500 ng/ml
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 shall be expunged from the employee's file(s).
7. Alcohol Testina:
Reporting for work with any measurable amount of alcohol in the bloodstream (i.e. a
blood alcohol level of .04 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). Only 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 .04_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).
8. Medical Review Physician
The Medical Review Physician 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.
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 th~
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.
IAFF 1352
Contract 2005-2007
Page 26 of 32
10. TestinQ ProQram 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.
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.
12. Rehabilitation:
Employees who enter the program on their own initiative mayor 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 following completion
of the rehabilitation program, 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.
IAFF 1352
Contract 2005-2007
Page 27 of 32
13. Dutv Assicnment 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.
14. Richt Of Appeal
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.
15. Chances in testinc procedures:
The parties recognize that during the life of this agreement, there 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.
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.
IAFF 1352
Contract 2005-2007
Page 28 of 32
CONSENT/RELEASE
I consent to the collection of a urine sample by
and its analysis by
alcohol or those drugs specified in the Collective Bargaining Agreement.
for
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
continued 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.
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
Date
Witness
IAFF 1352
Contract 2005-2007
Page 29 of 32
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 a union
representative to attend the development and administration of the examination. Further the
union may appoint one observer for each facet of the examination process to ensure
consistency. Both the union representative and the observers will honor the confidentiality 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.
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.
IAFF 1352
Contract 2005-2007
Page 30 of 32
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, 2005 and shall remain in full force and effect through December 31, 2007.
Signed this d,J::Þ day of J. ~~ , 2004, at Auburn, Washington,
City of A burn International Association of
Fire Fighters' Local #1352
\ j g-
~ //'Šecretary
8y/~\L-~
ego la or
By:
By:
By: 1\ IÀ .ùC':>.J ~{/_J
~I~
-
By:
By:
IAFF 1352
Contract 2005-2007
Page 31 of 32
2005 - 2007 Fire Fighter's Monthly Wage Schedule (To be published
upon receipt of the August-August 2003-2004, Seattle- Tacoma-
Bremerton CPI-W- Illustrative only
Base Wage Increase;
Rank:
Fire Fighter 4th Class
Fire Fighter 3rd Class
Fire Fighter 2nd Class
Fire Fighter 1 st Class
Fire Fighter 1 st Class - Spec
Dpty. F.MlTng. Div. FF Spec.
Captain & Asst. Fire Marshal
Battalion Chief & Fire Marshal
5 years (Based on FF1 C wages)
8 years (Based on FF1C wages)
11 years (based on FF1 C wages)
14 years (Based on FF1C wages)
17 years (Based on FF1C wages)
Hired Prior to 1/1/90:
30 credits
60 credits
AA Degree
BNBS Degree
$69.64
$129.28
$188.92
$250.00
$69.64
$129.28
$188.92
$250.00
$69.64
$129.28
$188.92
$250.00
$69.64
$129.28
$188.92
$250.00
Hired After 1/1/90:
AA Degree
BNBS Degree
$200.00
$250.00
$200.00
$250.00
$200.00
$250.00
$200.00
$250.00
IAFF 1352
Contract 2005-2007
Page 32 of 32
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