HomeMy WebLinkAbout2864 1
RESOLUTION NO. 2 8 6 4
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
4 WASHINGTON, APPROVING THE COLLECTIVE BARGAINING AGREEMENT
BETWEEN THE CITY AND THE INTERNATIONAL ASSOCIATION OF FIRE
5 FIGHTERS' LOCAL 1352 FOR 1996-1998
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7 THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A
8 REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT
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SECTION 1 . The City Council hereby authorizes the
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execution of the Collective Bargaining Agreement between the
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12 City and the International Association of Fire Fighters' Local
13 1352 for 1996-1998
14 . ECTION 2 . The Mayor is hereby authorized to implement
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such administrative procedures as may be necessary to carry
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out the directives of this legislation
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Resolution No 2864
July 16, 1997
Page 1
1 DATED this 21st day of July, 1997
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4 CITY OF AUBURN
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C-111,AA, &fp
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CHARLES A BOOTH
8 MAYOR
ATTEST
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11 ed_bijy>_/�/'il�;���( / c uti--( L_,/
12 Robin Wohlhueter,
City Clerk
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APPROVED AS TO FORM
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i9 Michael J Reynolds,
20 City Attorney
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Resolution No 2864
July 16, 1997
Page 2
RECORDS MANAGEMENT
Ordinance No. Resolution No. ___22
Date Adopted 9 a/-97
Copies to
1 ) Department Contact(s). i It • i
Finance Department
(Copy if relates to fees, charges, or any accounting responsibility)
2.) Code Book:
3 ) Recording File:
4 ) Citizen Requests:
NAME Address
cc: City Clerk
CMY Of
CHARLES A.BOOTH,MAYOR ff:;41■ AUBURN CITY CLERK
Robin Wohlhueter,ON Clerk Auburn ) 25 West Main, Auburn,WA 98001
Dam Daskam, Deputy City Clerk J City Clerk (253)9313039
Tamie Bothell, Records/License Clerk Business Registration:(253)931-3007 Fax.C11)188 3112
ashine
STATE OF WASHINGTON)
) ss.
COUNTY OF KING
I, Robin Wohlhueter, the duly appointed, qualified City Clerk of the City of
Auburn, a Municipal Corporation and Code City, situate in the County of King, State of
Washington, do hereby certify that the foregoing is a full, true and correct copy of
Resolution No. 2864 of the resolutions of the City of Auburn, entitled "RESOLUTION
NO 2864 "
I certify that said Resolution No 2864 was duly passed by the Council and
approved by the Mayor of the said City of Auburn on the 21st day of July, 1997
Witness my hand and the seal of the City of Auburn this 5th day of August, 1997
Robin Wohlhueter
City Clerk
City of Auburn
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AGREEMENT
BY AND BETWEEN
THE CITY OF AUBURN
AND
THE INTERNATIONAL ASSOCIATION OF
FIRE FIGHTERS' LOCAL #1352
January 1, 1996 through December 31, 1998
This agreement is between the City of Autiurn (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 unclerstanding of the parties as to coniiitions of employment for those whom the City
recognizes the Union as the collective bargaining representative.
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TABLE OF CONTENTS
ARTICLE 1 - RECOGNITION........................................................................................................... 1
ARTICLE 2 - UNION SECURITY AND DUES .................................................................................. 1
ARTICLE 3 - UNIONACTIVITY....................................................................................................... 1
ARTICLE 4 - HOURS OF WORK AND OVERTIME.........................................................................2
Section 1 - Workweek, Shifts......................................................................................2
Section2 - Workweek, Days.......................................................................................2
Sedion 3 - Off-shift Work, Minimum Call Back...........................................................2
Sedion 4 - Off-shift Work, Non-Callback....................................................................2
Section5 - Overtime Rate..........................................................................................2
Section 6 - Addi(ional Manpower................................................................................2
Section 7 - Credit Shifts................_................................. -......................................2
Section 8 - Payment for Non-emergency 8 Non-Manning Shifts.................................2
Section 9 - Lunch Period ............................................................................................3
Sedion 10 - Accrual Conversions.................................................................................3
ARTICLE5 - WAGES .........................................................................................................................3
Section1 - Compensation ..........................................................................................3
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Section2 - Specialist Pay..................:...:....................................................................3
Sedion 3 - Educalional Incenlive ...............................................................................3
Section4 - LongevitY::::..............................................................................................4
Section 5 - Temporary Assignment.............................................................................4
Section6 - Court Testimony.......................................................................................4
Section 7 - Base Hourly Rate Calculation...................................................................4
Section 8 - Current Pay Rate Calculation....................................................................4
Section9 - Pay Dates.................................................................................................4
Section 10 - Pay Differential.........................................................................................4
Section 11 - Tuition Reimbursement.............................................................................5
Section 12 - Slandby Time-Duty Chief..........................................................................5
Section 13 - Hazard Pay................................. ..5
ARTICLE6 - HOLIDAYS.....................................................................................................................5
ARTICLE7 - VACATION.....................................................................................................................6
ARTICLE8 - SICK LEAVE ...............................................:....::............................................................7
ARTICLE 9 - BEREAVEMENT LEAVE................................................................................................9
ARTICLE10 - JURY PAY......................................................................................................................9
ARTICLE 11 - HEALTH INSURANCE................:::............................................................................... 10
ARTICLE 12 - UNIFORM ALLOWANCE ............................................................................................. 10
ARTICLE 13 - GRIEVANCE, CONCILIATION, AND ARBITRATION PROCEDURE............................ 10
ARTICLE 14 - MANAGEMENT'S RIGHTS .......................................................................................... 11
ARTICLE 15 - BULLETIN BOARD....................................................................................................... 12
ARTICLE16 - NO STRIKE.................................................................................................................. 12
ARTICLE 17 - UNION REPRESENTATIVE......................................................................................... 12
ARTICLE 18 - NON-DISGRIMINATION............................................................................................... 12
ARTICLE 19 - RETENTION OF BENEFITS ........................................................................................ 12
ARTICLE 20 - SAVINGS CLAUSE...................................................................................................... 13
ARTICLE 21 - FOOD ALLOWANCE.................................................................................................... 13
ARTICLE 22 - TOBACCO FREE WORKPLACE.................................................................................. 13
ARTICLE 23 - PROMOTIONAL EXAMS.............................................................................................. 13
ARTICLE 24 - DURATION................................................................................................................... 15
MEMORANDUM OF UNDERSTANDING ...................................Drug and Alcohol Testing Procedures
MEMORANDUM OF UNDERSTANDING .................................Physical Examinations for Fire Fighters
MEMORANDUM OF UNDERSTANDING ......................................................................Training Officer
MEMORANDUM OF UNDERSTANDING ..........................................................Fire Fighter Specialists
APPENDIX "A" .............................................................. 1996-98 Autiurn Fire Fighters Wage Schedule
AGREEMENT
BY AND BETWEEN
THE CITY OF AUBURN
AND
THE INTERNATIONAL ASSOCIATION OF
FIRE FIGHTERS' LOCAL #1352
This agreement is made and entered in)o by and between the City of Auburn, hereinafter referred to as
the "City" and the International Association of Fire Fighlers' 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 lhe purpose
of establishing wages, hours and working conditions for all of its full-time department members empioyed
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 condilion of continuecl 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 o( the Union, or, in the case of
employees with a bona fide religious objection to joining tFie Union, contribute an amount equal to the
periodic dues and initialion fees uniformly required as a condition o(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-quarter percent (1
and '/.%) 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.
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 ag�ees riot to discriminate against an employee of the City for their failure to
join the Union.
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1996 - 7998 Fire Fighter's Contract
. Rage 2
ARTICLE IV
HOURS OF WORK AND OVERTIME
SECTION 1. WORKWEEK, SHIFTS: For members having twentjr-four (24) hour duty shifts, shifts shail
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 Ordinahce shall commence at 8:00 A.M. This normal workweek shail
not ezceed an average of foriy-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 shifls (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 wilhin 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 lo 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, lhereafter 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.
SECTION 4. HOLD-OVER AND NON-CALLBACK OVERTIME: Members held over on their normal
shift because of an emergency call occurcing at shift change shall be paid for one (1) hour or for the
actual time worked, rounded off to lhe next higher hour. Hold-over overtime shall be at the membefs
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 shifl change.
Non-callback overtime encompasses incidenls 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-calltiack overlime shall be paid at the member's oveAime rate. Both hold-over
and non-callback oveRime 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)
ancJ dividing lhat amount by the individual's annual scheduled hours of work (2,080 or 2,442) and
mulliplying the result by one poinl five (1.5).
SECTION 6. ADDITIONAL MANPOWER: With the exceplion 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 lhe opportunily lo work to full-time paid members of the Fire Department.
SECTION 7. CREDIT SHIFTS: Credit shifts (twenty-four (24) hours off-duJy) 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.
SEGTION 8. PAYMENT FOR NON-EMERGENCY OR NON-MANNING OVERTIME: Overtime pay or
compensatory time shall be eamed at the rate of one and one-half (1'/:) hours for each overtime hour
worked. This shall be the member's choice, provided, that lhe 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 members current rate of pay by separate
1996 - 1998 Fire Fighter's Contract
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check on or before June 10'" 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 lhe 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 vacaJion shall have prio�ity over compensatory lime 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,
1996, be compensated in accordance with the wage schedule attached to this Agreement and marked
Appendix "A". This shall provide a base wage increase of ninety percent (90%) of the Seattle-Tacoma
CPI-W (mid-year 1994 to 1995) with a minimum of three percent (3.0%) and a maximum base wage
increase of six percent (6.0%).
Effective January 1, 1997, the 1996 wage schedule shall be increased by ninely percent (90%) Seattle-
Tacoma CPI-W (mid-year 1995 to 1996), with a minimum base wage increase of three percent (3%) and
a maximum base wage increase of six percent (6%).
Effedive January 1, 1998 lhe 1997 wage schedule shall be increased by two percenl (2.0%). Effective.
July 1, 1998 the 1998 wage schedule shall be increased by an additional iwo percent (2.0%).
SECTION 2. SPECIALIST PAY: The classification of Fire Fighter Specialist is identified for those Fire
FigFiters 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.
SECTION 3. EDUCATIONAL INCENTIVE: Members hired on or before December 31, 1989, that have
completed courses applicable to a degree directly related to the demands of a City of Aubum Fire Fighter
as determined by the Chief, Personnel Director and/or the Mayor at his/her discretion, shall be paid a
monthly educational incentive based on the (ollowing credits completed:
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
Members hired on or after January 1, 1990, that have completed courses applicable to a degree directly
related to the demands of a City of Aubum Fire Fighter as determined by the Chief, Personnel Director
and/or the Mayor shall be paid a monthly educational incentive based on the following for credits
completed:
1996 - 1998 Fire FightePs Contract
. Page 4
Credits: Education Incentive Pay:
AA Degree (90 Credits) $200.00 per month
BA Degree (180 Credits) $250.00 per month
SECTION 4. LONGEVITY: For members hirecl on or before December 31, 1989, longevity pay shall be
paid regardless of rank to members upon completion of years of service in accordance with the following
schedule:
Months of Service: Amount:
Upon Completion of 54 monlhs $ 50.00 per month
Upon Completion of 66 months $100.00 per month
Upon Completion of 78 months $150.00 per month
Upon Completion of 14 years 6.5% of FF1 C salary per month
Upon Completion of 17 years 8.0% of FF1 C salary per month
For members hired on or after January 1, 1990, longevity pay shall be paid in accordance with the
following schedule:
Months of Service: Amount:
Upon Completion of 5 years 2.0% of FF1 C salary per month
Upon Completion of 8 years 3.5% of FF1 C salary per month
Upon Completion of 11 years 5.0% of FF1 C salary per month
Upon Completion of 14 years 6.5% of FF1 C salary per month
Upon Completion of 17 years 8.0% of FF1 C 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) lo lwenly-four(24) hours of work.
SECTION 6. COUR7 TESTIMONY: A member required to appear in court during off-duty hours as a
witness on behalf of the employer relative lo a duly-related incident shall be compensated for a minimum
of two (2) hours at time-and-one-half(1'/,) (or actual attendance at the court hearing per calendar day.
SECTION 7. BASE HOURLY RATE CALCULATION: The base hourly rate of pay, ezcept for calculating
overtime pay actually worked, shall be equal to the (monthly base times twelve (12)) divided tiy (regular
workweek times fiHy-two (52)).
SECTION 8. CURRENT PAY RATE 6ALCULATION: The memtiers current rate of pay shall be equal to
the (monthly base rate of pay plus incentives, including longevily times twelve (12)) divided by (the
workweek times fifty-two (52)).
SECTION 9. PAY DATES: Pay days shall be on or before the eighth (8�") and twenty-third (23rtl) 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 Specialisl 102% of FF1C base wage
Between FF1C Specialist and Captain 110% of FF1C Specialist base wage
Between FF1C Specialist and Battalion Chief 120% of FF1C Specialist base wage
1996 - 1998 Fire Fighter's Contract
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Effective January 1, 1997 the pay differentials shall be as follows:
Between FF1C and FF1C Specialist 102% of FF1C base wage
Between FF1C Specialist and Captain 113% of FF1C Specialist base wage
Between FF1C Specialist and Battalion Chief 124% of FF1C Specialist base wage
Effective January 1, 1998 the pay differentials shall be as foilows:
Between FF1C and FF1C Specialist 102% of FF1C base wage
Between FF1C Specialist and Captain 116% of FF1C Specialist base wage
Between FF1C Specialist and Battalion Chief 128°/a of FF1C Specialist base wage
SECTION 11. TUITION REIMBURSEMENT: The Cily agrees to reimburse members for educational
expenses including tuition and books for courses applicable to a Fire Science degree or for other courses
with prior approval of the Fire Chief or his/Fier designee. City paid books will become ihe property of the
Fire Department and be placed in the department library. The amount of tuition reimbursement shall be
limiled to lhe current rale schedule at the University of Washington for the same number of credits
earned. In order lo be eligible for reimbursement, the member must receive a grade of "C" or better, or
"Pass" in a pass/fait system.
In order to receive reimbursement for course work, said courses must be taken to fulfill course
requirements for a degree designation that is tire science related.
SECTION 12. STANDBY TIME-DUTY CHIEF: The City and the Union agree that the use of sCand-by
time shall be consistent with sound fire fighting practices and with the maintenance of public sa(ety.
Battalion Chiefs formally placed on standby status shall remain within fifteen (15) minutes of the fire
department response area and shall receive six (6) hours of compensatory lime 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, lhen normal overtime provisions shall apply and shall tie in addition to stand-by
compensation. The Chief has the authority to utilize a Fire Captain as a Duty Chief.
SECTION 73. 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 lwenty-four (24) hours.
SECTION 2. Effective January 1, 1997, in exchange for two (2) iwenty-four (24) hour shift holidays, the
City agrees to add three percent (3%) to the base wage schedule attached as Appendix "A" in addition to
the COLA adjustmen)s specified in Article V.
SECTION 3. Effective March 1, 1990, 24-hour shift members who work on any of the nine (9) holidays
lisfed below shall be paid twb (2) times their hourly rate of pay.
January 15' .......................................... New Year's Day
3ftl Monday in February ...................... Washinglon's Birihday
Last Monday in May ......................:..... Memorial Day
July 4'" ................................................ Independence Day
151 Monday in September ..............:..:.. Labor Day
1996 - 1998 Fire Fighter's Contract
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November 11�" .................................... Velerans' Day
4`" Thursday in November ................. Thanksgiving Day
4`" Friday in November ...................... Day after Thanksgiving
December 25'" ........:..............:..::::::..:: Christmas Day
SECTION 4. Members working day shift shall be entitled to holiday leave in accordance with Aubum
City Cade 2.63.010 listed below:
January 161 ........................................ New Year's Day
3rtl Monday in February ..........:..:.:..... Washington's Birihday
Last Monday in May .......................... Memorial Day
July 4'" .............................................. Independence Day
1s� Monday in September.....:.:....:::.::: Labor Day
November 11�" ..................:.:::.::::.:.::. Veterans' Day
4�" Thursday in November ................. Thanksgiving Day
4'" Friday in November ...................... Day after Thanksgiving
December 25�" ..:.:...........:.................. Christmas Day
Two (2) Floafing Holidays ..............::.. During Calendar Year
ARTICLE VII
VACATION
SECTION 1. Each member of the bargaining unit shall be gran)ed a vacation in each calendar year
without loss of pay. Such vacations shall be computed in accordance with Section 4 and 5 of this Arlicle
and under the direction and supervision of the Chief of the Fire Department or his/her designee.
Conversion of accrued vacation leave shall be accomplished for 24-hour shift members scheduled to
days and day members scheduled to 24-hour shift by multiplying day to shift accrued hours and shift to
day accrued hours in accordance with the following schedule:
1�`year of service: Days to shift: 100% Shift to days: 100%
Beginning 2 through 5 years' service: Days to shifl: 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: 152.8% Shift fo days: 65.5°/a
Beginning 21 or more years' service: Days to shift: 150% Shift fo days: 66.7%
SECTION 2. Vacation shall be chosen by indivitlual members per Department Rules and Regulations as
stated below: 'i
Vacation may be taken in one (1) shifl increments by 24-hour shift member but will be subject to being I
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.
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 thiriy (30) days' notice shall be scheduied by
any member during June, July or August prior to March 1.
Seniority shall determine the vacation scheduling prior to March 1.
SECTION 3. At the member's discretion upon written request to ihe Fire Chief no later than November
30, all remaining vacation over six (6) shifts which have been earned that year bul not taken in
1996 - 1998 Fire Fighter's Contract
. Page 7
accordance with existing policy, shall be paid by separate check on or be(ore December 10`" of each
year at fhe members current rate of pay.
SECTION 4. Each full-time member of the Aubum Fire DepaRment shall be entitled to accrue vacation
leave for each month of continuous service commencing from the date of their initial employment in the
Aubum Fire Department.
Fire Department members working 24-hour shift work shall be entitled to vacation in accordance with the
following schedule:
Beginning 1st year of service Accrue 3 shifts/year or 6 hours/monlh
Be9inning 2 through 5 years' service Accrue 7 shiftslyear or 14 hours/month
Beginning 6 through 10 years' service Accrue 9 shiftslyear 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 shiftslyear 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 dayslyear or 6.0 hours/month
Beginning 2 through 5 years'service Accrue 14 dayslyear 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 al lhe sole discretion of the Chief or his/her designee based on lhe reasons for
such emergency leave. As much advance notice as possible should be given when a member requests
emergency vacation leave.
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-lime member shali be deemed as required for medically
documentable illness or injury involving the employee's immediate family who are residing with lhe
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(hirteen 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 o( nine hundred and sixty (960) hours. When sick leave is taken by a day shift
memtier, it shall be deducted on the tiasis of one (1) hour of sick leave accrual for each one (1) hour of
sick Ieave used.
1996 -1998 Fire Fighter's Contract
� Page B
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)
tiy multiplying day to shifl accrued hours by one hundred and thirty-five point four percent (135.4%) and
shift to day accrued hours by seventy-three poinl nine percent (73.9°/a).
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 wri(ten
statement including a doctors ceAificate when requested, explaining the nature of his/her illness and
sutimit 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
attencJing 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 anii/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 sutimit a written report from a doctor to the Fire Chief or his/her designee upon returning to work.
The repoA shali include, when appticable, a written statement explaining his/her diagnosis, trealment and
proghosis.
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 duly/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, reguire lhe member lo go to a doctor of lhe City's choice for a second opinion on the
members condition paid for by the City, prognosis and suitability for return to normal work or light duty
basetl on the light duty/physical capability job description. Light duty for LEOFF I members will be
volunta:ry. Assignments to light duty shall be at the Fire Chief's option and shall nol be unreasonably
refused bjr employees. Any dispute arising out of applicable physician's repoRs 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 memtier (or administrative or light duty and prior to retum to full duty,
the Department may assign members to suitable duties within the Department on the exisling 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:
1996 - 1998 Fire Fighter's Contract
• •Page 9
Upon Completion Percent of Accrued
of Year of Service: Unused Sick Leave:
0 lhrough 4 years 0% (except in lhe event o( death occurring in
the line of duty, twenty-five percent (25%) of
such empioyee's accrued unused sick leave
shali be paid to the employee's beneficiary.)
5 through 14 years 25°/a
15 through 24 years 50%
25 years and over 100%
Members oi 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 ine of duty, lo be paid lo the employess'
beneficiary.
SECTION 7. When a �EOFF II member suslains 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 wiil 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 de(ined in Secfion 1
above, until the end of the year, at which time all sick leave accumulated in excess of Ihe maximum
shall be paid at twenty-five percent (25%) of the member's current rate of pay by separate check on or
before January 10`" each year.
ARTICLE IX
BEREAVEMENT LEAVE
Members shall be allowed up to three (3) calendar days off for day shifl members or one (1) twenty-four
(24) hour shift oN for 24-hour shift members without loss of pay Tor 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, falher, mother, father-in-law, mother-in-law, spouse, brother, siste� or children
of the member.
ARTICLE X
JURY PAY
SECTION 1. If an employee receives a summons for ju.ry 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 olher slaffing issues, to attempt to have the person exempled from
serving in this capacity due to their emergency service posilion. In the event that the ezemption is not
granted and the employee is required to serve jury duty, he/she will be compensated at his/her reg0lar
rate of pay while performing this civic duty. Pay for jury duty shall be returned to ttie employer.
Employees shall be required to report for work for any poriion of their regularly scheduled shik du�ing
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 deparlment duties, is
required to appear before a court, legislative committee, or a quasi-judicial body as a witness in response
1996 -1998 Fire Fighter's Contrect
• Page 10
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
HEALTHINSURANCE
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. Washington Dental Service Dental Plan "A"
3. Vision Service Plan Eye Care
4. Association of Washington Cities' Life Insurance
5. LEOFF II Disabilily 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 AWG Medical Plan A -- with the employee
paying ten percent (10%) of the premium. The City shall continue to pay one hundred percent (100%) of
lhe employee's medical insurance premium.
SECTION 3. PAID PHYSICAL EXAMINATIONS: Members shall be required to have physical
examinations, the cost to be paid by the City. The parameters for these examinations, shall be
determined in accordance wilh the M.O.U.s "Physical Examinations For Firefighters" and "Drug and
Alcohol Tesling Policy and Procedures" attached to this agreement. In 1990, every member will have a
physical to establish baselines; thereafler each member will be required to have a physical at least once
every three (3) years, and more frequently as deemed necessary by ihe City's physician.
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. Afler consideration of all Factors involved,
the Chief will make the final purchasing decision.
ARTICLE XIII
GRIEVANCE. CONCILIATION AND ARBITRATION PROCEDURE
For purposes of this Agreemenl, the term grievance means any dispute between the City and the Union
concerning an alleged breach or violation of this Agreement. Any alleged g�ievance shall be taken up by
the member wi4h 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 agg�ieved member stating the section of
the Agreement violated and ezplaining 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 fhe Union
representative. Five (5) business days after such meeling, the Assistant Chief shall transmit a copy of
his/her decision to the aggrieved member and the Chief of the department.
1996 - 1998 Fire Fighter's Contract
• Page 11
Ste° 2. Should the grievance remain unresolved after the written decision is delivered in Step 1 to the
Chief of the DepaRment, a meeting shall be held by the Chief of the DepaAment 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 shail make a decision on the matter in writing wilhin ten
(10) 6usiness days from such meeting. Copies of the Chiefs decision will be furnished to the aggrieved
and the Union representative.
Step 3. Any grievance remaining un�esolved 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
wiJhin three (3) business days of such hearing.
Steo 4. If the grievance is not seflled in Step 3, the grievance may be submitted to an arbitrator as
hereinafter provided. The paiiies shall select within ten (10) tiusiness days, a disinterested party to serve
as arbitrator. In the event the Cily and tFie Union are unable to agree upon an arbitrator, the arbitrator
shali be selected in accordance wilh the rules of the American Arbitration Associalion frbm 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 jurisdiclion 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 lhe
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 exlended for stated periods of time by ihe
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 lhe 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 ihe City possesses. These include,
but are not limited to, the (ollowing:
A. The Union recognizes the exclusive ri9ht of the City to establish reasonable work rules.
B. The City has the right to schedule overiime work as required and consistent with the
requirements of municipal employment and the public interest.
C. It is understood by the parlies that every incidental duly connected wi)h 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. Ttie City
reserves the right to lay off inembers 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
estabtish 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.
1996 -1998 Fire Fighter's Contract
� •Page 12
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 ineetings, union elec4ions and results of union elections.
ARTICLE XVI
NO STRIKE
The Union agrees that there shall be no strikes, slowdowns, stoppages of work, or any interterence with
the efficient management of the Fire Department during the lerm of this Agreement.
ARTICLE XVII
UNION REPRESENTATIVE
SECTION 1. Tfie tiusiness representative or olher duly authorized Union representative shall be
permitted to visit ihe department during operating hours for purposes consistent with the Agreement,
providing he/she does not intertere 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 ba�gaining 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 hislher designee.
SECTION 3. The parties having a labor Agreement hereby agree lhat such members of the Union (three
(3) maximum) as may be designated by tlie Union with prior notification for the purposes of direct
participation as members of the Union negotialing team in labor negoliations with lhe 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, hou�s 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.
1996 - 1998 Fire Fighter's Contrect
• •Page 13
ARTICLE XX
SAVINGS CLAUSE
Should any Ariicle, Section or poRion thereof of lhis Agreement be unlawful and unenforceable by any
Court of competent jurisdiction, such decision of the CouA shall apply only to the specific Ariicle,
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
FOOD ALLOWANCE
One hundred dollars ($100.00) has been added lo the annual base pay effective January 1, 1990.
ARTICLE XXII
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 terminaCed. If they begin to use tobacco on duty after successful completion
of their probation period, they will be required lo attend smoking cessation classes of lheir own choice. If
they remain tobacco free on-duty for six (6) months after successful complelion of the class lhey will be
reimbursed up to one hundred and fifty dollars (5150,00) by the Ciry. 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 lo abide by the City's Totiacco-Free Work Environment Policy and use
tobacco only in assigned areas.
ARTICLE XXIII
PROMOTIONAL EXAMS
SECTION 1. All promotions to positions within the bargaining unit shall be based solely on merit,
efficiericy 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,
etcJ, and identification of any poitions 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 o(ficial ezamination 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 eicamination 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
1996 -1998 Fire Fighter's Contract
• •Page 14
observer does not disrupt the examination process. Any nbserver is required to honor the confidentiality
of the eicamination 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
hislher summary score sheets. 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 lhe 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 cerlify 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 lop 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 appoiniment or promotion is complete. No new probationary period resuits
from a transfer to a differenl 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 depariment head does not have a reasonable opportuniry to evaluate the performance of an
employee, the deparlmen) head may calculate the probalionary 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 violalion of the
promotion process set forth herein through ihe grievance procedure of the colleclive bargaining
agreement rather than through the Civil Service Commission. Any appeal of ihe promotion process by
the Union shall be reviewed by an arbitrator as to whether or not the City violaled the procedures set
forth herein.
1996 - 1998 Fire Fighter's Contract
� •Page 15
ARTICLE XXIV
DURATION
SECTION 1. Except as otherwise indicated in individual Ariicles, this Agreement sliall be effective
January 1, 1996 and shall remain in full force and effect through December 31, 1998.
Signed (his�_day of ��Y� , 1997, at Aubum, Washington.
City of Auburn International Association of
Fire Fighters' Local #1352
�,�.:� a-�� .�
By: By:
ayor r si en
gy; � �'��lJ' " 'i'�/l�✓V"/'r[—/"l/�--yV B a�
i y er ecretary
By:
Approved As To Form: ia or
�
City Attorney
OS/26/97 11:37 AM
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 paR
of the current Labor Agreement between the City and the Fire Fighters Union, IAFF Local 1352, and be
covered by alI applicable articles within that Agreement. This policy is instituted to assure that both parties
work to certify that the work piace is free of employees whose job pertormance 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 lhat 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 permitled 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 impacl of the use of alcohol and drugs on job performance. In addilion, the City
shall inform lhe employees on how the lests 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 lhis
information is provided to him/her. Employees who voluntarily come forward and ask for assistance to deal
with a drug andlor alcohol problem shall not be disciplined for that acl by the City, unless he/she refuses the
opportunity for rehabilitalion, fails to successfully complele the program or again tests positive for drugs within
three (3) years oi completing an appropriate rehabilitation program.
SECTION 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 respeci 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 ihe 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 lhe drug lo
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:
Empioyees 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 pertormance for
that specific employee.
SECTION 5. Sample Collection:
The collection of ihe samples shall be performed by a clinic mutually agreeable to the City and ihe 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 lhe Local. The laboratory used shall also be one
whose procedures are periodically tested by N,I.D.A. where they analyze unknown samples sent lo 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 samptes as set by NIDA. The Union and the City agree that security of the biological urine and
biood sampies is an absolute necessity, therefore, the City agrees that if fhe 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 forih in this Agreement shall be subject to
disciplinary action up to and including discharge for the purpose of administering this Arficle.
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 submifting a urine or blood sample the employee
will be required to sign a consent and release form (as altached 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 acceplable 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 thesample is taken.
SECTION 6. Drug Testing:
The laboratory shall test for only the substances and within the limits as foliows 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 Adminislration for commercial dislribulion. The following initial culoff levels
shall be used when screening specimens to determine whether lhey 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 initiai level is 25 ng/ml.
Unless the Cily has reasonable basis fo� 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 lests will be conducted using gas chromatography/mass spectrometry (GC/MS) techniques at the
following listed culoff values:
CONFIRMATORY TESTING
Marijuana metabolites �'� 15 ng/ml
Cocaine mefabolites �2� 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
�Z� 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 .OS
or higher) will be a basis for disciplinary action. A breathalyzer or similar equipment shall be used to
immediateiy screen for alcohol use and if positive, shall be confirmed by a blood alcohol test pertormed by a
q0alified laboratory to determine the amount of alcohol in the bloodstream. The screening test shali be
performed by an iricJividual qualified through a Washington State toxicologist utilizing equipment certified by the
State Police. An initial positive alcohol level shall be .OS grams per 210L of breath. If initial testing resulls 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 posilive on the inilial test shall be confirmed using a blood
aicohol test. Sampie handling procedures in Section 4 shall apply. A positive blood alcohol level shall be .OS
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 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
affectecl 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 tesled employee when a
confirmed positive test result could have resulted from Iegally prescribed medication.
SECTION 9. Laboratory Results:
The laboratory will advise only ihe employee and the Medical Review Physician of any positive results. The
results of a posilive 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. Tesling Program Costs:
The City shall pay for all costs involving drug and aicohol testing as well as the expenses involved of the
Medical Review Physician. The employer shall also reimtiurse 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 ihe 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. Circumslances that would warrant termination include incidents where the employee's
impairment resulted in loss of Iife, 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 ulilize 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 wilh a written release from a Physician approved by the employer. Employees who
complele a rehabilitation program may be tested randomly once every quarier for the following thirty six (36)
monihs.
SECTION 12. Rehabilitation:
Employees who enter the program on their owh 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 lo a maximum of 30 days, inclusive, beyond insurance coverage. Employees will be
allowed to use lheir accrued and earned leave for the necessary lime off involved in the Rehabilitation
program. Periodic progress reports from the attending counselor shall be provided to ihe 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, lhe employee will be re-evaluated by a
licensed drug or alcohol counselor to determine if the employee requires additional counseling or treatment.
The emptoyee will be soiely 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 Appeal:
The employee has the right to challenge the resulis of the drug or alcohol tests and any discipline imposed in
lhe same manner that he/she may grieve any other employer action,
SECTION 15. Changes in testing procedures:
The parties recognize lhat during the life of lhis agreement, lhere may be improvements in the technology of
testing procedures which provide more accurate testing. In that event, lhe parties will bargain in good faith
whether to amend this procedure to include such improvements. If the parties are unable lo 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 lhe 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 colleclion of a urine sample by
and its analysis tiy for alcohol or those drugs specified in the
Collective Bargaining Agreement.
The laboratory administering ihe tests will be allowed to release the results to my Employer only after the
Laboratory's resulls have 6een reviewed and inlerpreted by the Medical Review Physician. The information I�
provided to the employer shall be only whether lhe tests were confirmed posilive or were negative and not any
other results of the tests without my written cbnsent.
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 cbmplete 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 lesting as a condition of my employment and
fhat alteration of the sample or failure to reasonably coope�ate with the collection of a urine sample may result
in a disciplinary action by the Employer.
I understand that a confrmed positive test may result in a requirement that I undergo rehabilitation.
By signing this consent form, I am not waiving any of my rights untler any federal, state or local law, statute,
constitution, ordinance, administrative Nle, or regulation or common law provision. I undersCand 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
INTERIM MEMORANDUM OF UNDERSTANDING
SUBJECT: PHYSICAL EXAMINATIONS FOR FIRE FIGHTERS
PURPOSE: This Memorandum of Understanding outlines the parameters by which the City and
Local will promulgate fire figtiter physical examination standards.
AGREEMENT: The City and the Local agree to the following interim parameters:
1. A joint committee composed equally of inembership between labor and
management will be covered to adopt mutually agreeable physical examination
standards and sanctions for fire fighters.
2. Those standards will be in compliance with ihe spirit and intent of the N.F.P.A.
1500, Chapter 8 - Medical.
3. The examinations wiil be provided each designated fire fighter at no cost to the
fire fighter.
EFFECTIVE
DATES.' This memorandum will be in effect as an interim measure until physical exam
standards mutually agreeable to the City and Local are promulgated. A1 that time, (his
interim M.O.U. will be removed and the new slandards will be adopled as
Departmental S.O.P.s and signed by the parties.
� ' MEMORANDUM OF UNDERSTANDING
RE: TRAINING OFFICER
This is an assignment that will be rotated among the employees in the bargaining unit holding the Civil Service
rank of Captain. Assignment to and from this specialization will be administered the same as similar
assignments such as the maintenance coordinator, supply officer, medical or air operations officer. This
assignment will tie matle from Captains tivho volunteer for the position. The selection of the training officer will
be made after volunteers have submitted to a structured seleclion process to determine the most qualified and
suitable candidate for the assignment. If no volunteers come forth, then the Chief will assign someone from
within the Department. Once an assignment has been made, the Captain assigned will be expected to remain
in the assignment for a least lhree (3) years or more as mutually agreed. Reassignment would also occur if the
Chief determined the duties could be done better by someone else for good reason. The training officer
assighment will be maintained so long as the Chief determines that this is the most effective way to accomplish
the training mission.
Appeals of disciplinary action affecting an employee in this assignment would be processed through the
grievance procedure of ihe Labor Agreement, or Civil Service as applicable.
Ezpectations for the assignment are as follows:
Volunteers for assignment must have compleled al least one (1) year oi service in the posi[ion of Captain in the
Auburn Fire Department including probationary time.
Duties of the Caplain so assigned will include, but not be limifed lo:
1. Supervise and coordinate the Fire Department Training Program.
2. Conduct and/or supervise individual Iessons on assigned topics commensurate with the duties and
responsibilities firefighters are expected to perform.
3. Develop lesson plans and supporting aids for ihe conduct of lessons or courses.
4. Determine objectives for courses, develop course outlines and prepare and/or supervise preparation of
lesson plans and supporting aids.
5. Construct and coordinate a schedule for training programs and instructional personnel.
6. Apply computer technology as it relates to ihe training function.
7. Manage fhe DepartmenYS occupational safety and health program, to serve and be subject to caliback
as Departmental Safety Officer. ,
8. Maintain training records for each member indicating dates, subjects covered and certifications
achieved.
9. Establish and maintain a data collection system and maintain permanent records of all accidents,
injuries, illnesses, medical history, or deaths that are or may be job related per W.I.S.H.A.
10. Evaluate all personnel, to ensure ihal (hey are able to perform their assigned duties in a safe and
effective manner lhat does not present a hazard to themselves, to other members, or to the public.
11. Other duties and responsibilities designed to establish, pursue, coordinate and meel relevant employee
training standards and activities in support of the Auburn Fire Service.
The Captain so assigned as training oificer will report to the Fire Chief, or his designee, and receive the same
monthly salary and contractual benefits as does a day shiH Captain. The normal hours of work wiil be per
Article IV, Section 2.
MEMORANDUM OF UNDERSTANDING
BY AND BETWEEN
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 va�ious 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 (he best interests of both parties to govem lhe day-to-day implementation of the activities of
FF1C-Specialists. In addition to ihe job descriptions and the performance standards, the (ollowing
guidelines will serve this purpose:
1. Members shall be appointetl as FFIGSpecialist Trainee by ihe Chief or his/her designee in
accordance with the "Guidelines for Testing for Fire Fighter First Class Specialist Posilions"
referenced in Section 9 of this M.O.U.
2. Members may be removed from the FFIC-Specialisl 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 slaffing 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 iraining 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.
4. FFIC-Specialist classifications shall include the following classes and numbers ot members per
team or assignment:
A. SpecialOperations
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 OTficer 1
D. Shift Medical Specialists 3
E. Communications Specialisls 1
F. Mechanic 1
G. Fire Inspector 1
Tolal 25
Nothing in the above staled numbers will preclude the Chief or his/her designee from adding to or
deteting 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
detivered to W.S.F.S.T./S.A.R.A. standards.
A. Shift Medical Specialisls would be exempted by virtue of the requirement for them to be
certified continuing educalion instructors through K.C.E.M.S. Shifl medical specialists
would teach required C.E. classes.
B. HAZ-MAT Specialisis will be required to teach classes each calendar year on their
respective shiks to ensure 24 hours of annual HAZ-MAT training, per member.
C. Rescue Specialists would teach S.C.B.A. classes for ihe department.
6. The Chief may appoint a FF1C as a Specialist based upon specialized vocational skills that
prove cost-effective and in the best interesls 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 teamlassignment long enough to be of
value as an effective operating member of the team. Voluntary termination of the member from
a feam/assignment will require prior approval of the Chief or his/her designee.
9. Guidelines for Testina for Fire Fiqhter First Class - Soecialist 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 lhe direction of the Fire Chief by lhe
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. Submil a request lo conduct a lest 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.C. requirements. It is ihe
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 ihe technical aspects of ihe test are correct and the J.A.T.C.
coordinator shall ensure compliance with item 3C.
E. Tests developed for use shall be kept in the cuslody of the J.A.T.C. After testing is
conducted, individual's tests shall be maintainetl by the J.A.T.C.
F. At least twb 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 oriier. 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.
1996 - 1998 Fire Fighters' Local #1352 Appendix "A"
1995 1/1/96 1/1/97 1!1/98 7/7/98
�a��c1e I"IItfi c27�5if3TL3"T7SG. . �3. . . .
Base Wage
.�„ ..,r,<,.. ,, ,., , ,,.,�.. , � ,,, ��, , ....� ,,....� ,_.,... � ,. ,..... . .,..v ,.,. _ _..
Rank:
FireFighter4thClass 2,843.76 2,929.07 3,104.82 3,166.91 3,230.25
Fire Fighler 3rd Class 3,097.01 3,189.92 3,381.32 3,448.94 3,517.92
Fire Fighter 2nd Class 3,359.54 3,460.33 3,667.95 3,741.30 3,816.13
Fire Fighter 1st Class 3,637.18 3,746.30 3,971.07 4,050.49 4,131.50
Fire Fighter 1st Class - Spec 3,709.92 3,821.22 4,050.49 4,131.50 4,214.13
Captain &Asst. Fire Marshal 4,080.91 4,203.34 4,577.06 4,792.55 4,888.40
Battalion Chief& Fire Marshal 4,451.90 4,585.47 5,022.61 5,288.33 5,394.09
Longevity
� _, _ _
Hired Priorto 1/1/90:
4.5 years 50.00 50.00 50.00 50.00 50.00
5.5 years 100.00 100.00 100.00 100.00 100.00
6.5 years 150.00 150.00 150.00 150.00 150.00
14 years 236.42 243.51 258.12 263.28 268.55
17 years 290.97 299.70 317.69 324.04 330.52
Hired After 1/t/90:
5 years 72.74 74.93 79.42 81.01 82.63
8 years 127.30 131.12 138.99 141.77 144.60
11 years 181.86 187.31 198.55 202.52 206.58
14 years 236.42 243.51 258.12 263.28 268.55
17 jrears 290.97 299.70 317.69 324.04 330.52
Education
�
: ; , ., , „ „ . , ,�._ , , .,.,.. . ,,�..
Hired Priorto 1/1/90:
30 credits 69.64 69.64 69.64 69.64 69.64
60 credits 129.28 129.28 129:28 129.28 129.26
AA Degree 188.92 188.92 188.92 188.92 188.92
BAlBS Degree 250.00 250.00 250.00 250.00 250.00
Hired Aker 1/1/90:
AA Degree 200.00 200.00 200.00 200.00 200.00
BA/BS Degree 250.00 250.00 250.00 250.00 250.00