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HomeMy WebLinkAboutIAFF 1980 ` M��� l • t , • �q �v AGREEMENT By and Between � '�� EITY OF AUBURN and INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS � LOCAL N0. 1352 This Agreement is made and entered into hy and be[ween the City of Auburn, hereinafter referred to as the "City", and the International Association of Fire Fighters, Local No. 1352, hereinafter referred to as the "Union". ARTICLE I - RECOGNITION Section 1. The City recognizes the Union as the sole and exclusive bargaining agen[ for the purpose of establishing wages, hours and other conditions of employment for all of its full-time departaent employees enployed in work classifications set forth in Appendix "A". Section 2. The probationary period for a new employee shall be in accordance with state law. ARTICLE II - UNION SECURITY AND DEDUCTION OF DUES Section 1. Each employee 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 Onion during the term of this Agreement. Each er�ployee hired after the effec[ive date of [he Agreement shall within a period of thirty-one days commencing �from the first date of employment as a condition of continued 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 RCW Chap[er 41.56. • Section 2. Upon receipt of written and signed authorization to make payroll deduction form from the employee, the City w+i11 deduct each nonth Union dues and assessmen[s fiom the employee's wages in the manner prescribed by law. The amount so deducted shall be mailed each month to the Union. 3 - z - ARTICLE III -�NONDISCRIMINATION The Union and the City agree not to discriminate because of race, color, creed, sex, national arigin, age, in accordance crith state and federal laws regarding discrimination. ARTICLE IV - UNION ACTIVITY The City agrees not to discrimina[e against any employee 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 his failure to join the Union. ARTICLE V - HOURS OF WORK AND OVERTIME Section 1. For employees having twenty-four (24) hour du[y shifts, shifts shall begin at 7 :00 a.m. and expire the following day at 7:00 a.m. , providing [hat shifts occurring on Sundays and holidays established by City Ordinance shall commence at 5:00 a.u�. This iegular workweek shall not exceed an average of fif[y (50) hours exclusive of the additional one hour incurred relative to the special Sunday and holiday shifts. This shall be accomplished by the use of credit shifts (24 hours) to be scheduled throughout the year at an average of every ninth shift with no less than six shifts nor more than thirteen s}iifts in any one cycle. The Employer shall attempt to hold as close se possible to the nine- shift interval. The normal hours for day shift personnel shall not exceed forty (40) hours per woikweek and eight (8) hours per day. Section 2. All off-shift personnel will be paid a minimuu� of two hours' pay at his overtime rate when called back to duty when off shift, including scheduled vacation, holidays or compensatory tir�e (credit ehifts). Employees scheduled for vacation shall be the last called to report for such duty. All personnel called back to duty for an emergency situation shall be released as soon as the emergency is over and the equipnent that was used is put back in service. Section 3. An employee shall be paid for overtime at the rate of time and one-half the straight-time hourly rate for his individual classifi- cation. The straight-time hourly rate shall be determined by multiplying monthly rates (stated in Appendix "A") by tvelve and dividing that amount by 2,080. Section 4. Whenever possible, additional manpower requirements of the Fire Department shall be met by first affording the opportunity to work to full-paid members of the Fire Depar[ment. - 3 - ARTICLE VI - WAGES Section 1. Employees covered by [his Agreement shall be compensated in accordance with the wage schedule attached to this Agreement and marked Appendix "A. " This wage schedule shall be considered a part of this Agreement. Section 2. Proficiency pay in the aaount of two percent (2%) of a First-Class Firefighter's base salary regardless of rank as set forth in Appendix "A" shall be applied [o the base salary far each bargaining unit member holding a valid Emergency Medical Technician (SMT) Certificate from the state of Washington. Section 3. Employees in the bargaining unit that have comple[ed courses apPlicable to a fire science degree shall be paid an educational incenGive based on the following percentages of a First-C1ass Firefighter's base salary regardless of rank as listed in Appendix "A" for credits completed: Percentage of First-Class Credits Firefighter's Base Monthly Salary 30 college credits 2� of monthly base salary 60 college credits 4� of monthly base salary A.A. degree (90 credits in 6% of monthly base salary fire science) Section 4. Longevity pay shall be paid based on a percentage of the First-Class Firefighter's monthly base salary regardless of rank to job classifications of First-Class Firefighter, Lieutenant and Captain upon completion of years of service in accordance c�lth the following schedule: Percentage of First-Class Months of Service Firefighter' s Base Monthly Pay a) Upon comple[ion of 54 months 2� of base salary b) Upon completion of 66 months 4Y of base salary c) Upon completion of 78 months 6Y, of base salary Section 5. Any employee [emporarily assigned by the Chief of the Depa "rtnent to work in a higher classification shall be paid at the established rate of pay for such classification while performing such duties with payment to be nade commencing with the first shift. Section 6. An employee required to appear in court during off-duty hours as a witness on behalf of the Employer relative to a duCy-related incident shall be compensated for a minimum of two hours to a maximun of four hours at time and one-half for actual attendance at the court hearing per calendar day. I - 4 - ARTICLE VII - UNIFORM ALLOWANC& Section 1. Uniforms and protective devices shall be furnished by the City. Section 2. Any changes in uniforms shall be made through c�utual consent of the Chief of the Department and the Union Uniform Conmittee wi[h prior approval of the Mayor. ARTICLE VIII - HEALTH INSURANCE Section 1. The City agrees to pay the premi� (maintenance of benefits) for the benefits in effect on .Tanuary 1 , 1980 in the Washington Fire Commissioners' Insurance Plan for employees and [heir eligible dependents. Section 2. The City agrees to pay [he premiwn for the employee and tiis/tiet dependents foi the Dental benefits in effect on January 1 , 1980 in the Washington Dental Service progran. Section 3. The City shall pay the monthly premium for [he Great West Insurance Presctiption Insurance Plan benefits in effect .lanuary 1 , 1980 for emplayees and eligible dependents. ARTICLE IX - HOLIDAYS Section 1. For purposes of this Agreement holidays shall start at the beginning of his normal shift of the day itself and continue for the nezt tc✓enty-four hours. Section 2. All shift personnel shall be allowed five shifts leave annually regardless of shift assignnent in lieu of holidays established in Section 1.29.010 of the Auburn Muni.cipal Code. Holidays may be scheduled any tii�e prior to [he start of the shift wi[h the approval of the Shift Officer as long as there remains the required minimum nur�ber of personnel on duty. Holidays may be taken with the approval of the Shift Officer in half-day shift increments (12 hours) comnencing a[ ' 7 :00 a.m. or 7:00 p.m. Such leave shall not be consecutively granted to any employee in the Fire Department unless the Fire Chief finds that there are special circums[ances justifying the same and that the extended absence of such employee shall not impair the efficiency of the Department. Section 3. At the diecretion of the fire fighter, upbn �aritten request to [he Departmen[ Head no later [han November 30, the CiCy agrees to pay at fire fighter's current rate of pay a maximum of two unused shifts of holiday leave. Payment shall be made by separate check on or before Decenber 20 of each year. - 5 - Section 4. Employees called back to vork on schedule shifts off tha[ fall on the following holidays eatablished by City ordinance shall be paid two times their hourly rate of pay in accordance vith the forc�ula set forth in Article IV, Sec[ion 3, based on 2,080 hours in addition to no=mal conpensation. a) December 25 (Christmas Day) ' b) Fourth Thursday in November (Thanksgiving Day) c) July 4 (Independence Day) ARTICLE X - VACATION Sec[ion 1. Each member of the Fire Department shall be granted a vacation . in each calendar year without loss of pay. Such vacations shall be computed in accordance with City Ordinance No. 2203 as effective Decenber 1, 1969, and under the direction of, and supervision of the Chief of the Fire Department. Section 2. Vacation shall be chosen by individual fire fighter per Departnent Rules and Regulations as stated below: ' During the �onths of June, July and August vacation may be [aken at the rate of three or more ahifts in a row. The mon[hs of January, February, March, April, May, September, October, November, December vacation nay be used in any amount. If only one shift is used in this time it shall have the sane right as a comp day. Coc�p days may be bumped by vacation any time prior to thirty days before the comp day is taken. lrao vacation periods of three shifts or more may be taken during June, July and August, but not less than three shifts at one tine. Seniority shall determine the vaca[ion period until March 1 of each year. \ Section 3. At the discretion of [he fire fighter, iipon written request [o the Department Head 'no later than November 30, all remaining vacation over six shif[s which have been earned but not taken in accordance with the existing policy, shall be paid by separate check on or before December 20 of each year at fire fighter's current ra[e of pay. Seccion 4, Each full-time member of the Auburn Fire Department shall be enti[led [o accrue annual vacation leave equivalent to .583 a duty shift for each month of continuous service commencing from the date of their ini[ial employment in the Fire Department of the City of Auburn. Fire Department personnel working shift work shall be entitled vacation in accordance with the following scheddle: 1 - 5 yea.rs' service 7 shifts 6 - 10 years' service 9 shifts 11 - 15 years' service 10 shifts 16 - 20 years' service 11 shifts 21 or more years' service 12 shiits - 6 - Section 5. Fire Department employees vorking eight-hour days shall be granted vacation in accordance with the following schedule: Completion of: Days 1 - 5 years' service 14 days 6 - 10 years' service 18 days 11 - 15 years' service 20 days 16 - 20 years' eervice 22 days 21 or more years' service 24 days ARTICLE XI - SICK LEAVE Section 1. All full-time employees on a .24-hour schedule shall be entitled to sick leave when they are incapacitated for the performance of their duties by reason of sickness or injury. Sick leave shall accrue on the basis of one shift (24 hours) per calendar month to a maximum of 1 ,300 hours. When sick leabe is taken by an employee, it shall be deducted on the basis of one hour of sick leave accrual for each one hour of sick leave pay. F1re Departmen[ personnel, whose injury or illness is covered by the "Firemen's Relief and Pension Act" of the State of Washington, shall have all paynents received therefrom deducted from their pay and allowances received during the period of their disablement. Section 2. Sick leave shall be accumulated and recorded on a calendar year basis. Section 3. Sickness shall be repnrted at the beginning of any period of illness [o the Department Head and, within three days af[er returning to vork, the employee shall give a vritten statement explaining the nature of his illness anil shall submit a formal request for approval of leave so taken, which request, when approved by the Department Head, shall be filed with the City Clerk. Section 4. Upon certification of disabili[y re[irement by the LEFF Board, retirement, death or termination in good standing (not termination for cause) shall be reimbursed for unused accrued sick leave up [o a maximum of 1 ,300 hours in accordance with the following schedule based on continuous years of service: Upon Completion of Percent of Accrued Years of Service: Unused Sick Leave 0 through 4 years -0- unless in the event of death occuring in the line of duty. 25% of such �ployee accrued unused sick leave would be paid to the employee's beneficiary. 5 through 14 years 25% 15 through 24 yearse SOY. 25 years and over 100% - 7 - ARTICLE XII - JURY PAY Section 1. An employee aerving on a jury c�ill be excused from work wi[h pay provided that the City salary paid to the employee for the period of jury service shall be reduced by the amount of money he receives for that service. Section 2. Appearances before a court, legislative committee, or a q'uasijudicial body as a witness in response to a subpoena or other direc[ive, shall be approved as authorized leaves with pay. However, the City salary shall be reduced by the amount paid for such an appearance. ARTICLE XIII - EMERGENCY LEAVE E�ployees shall be allowed up to three calendar days off for illness or death in his immediate family requiring his presence, upon approval of the Department Head. Immediate family shall include under this caption only father, mother, father-in-law, mothe rin-law, epouse, brother, sister or children of employee. ARTICLE XIV - GRIEVANGE, CONCILIATION AND ARBITRATION PROCEDURE For purpose of this Agreement, the term grievance means any dispu[e between the Employer and the Union concerning alleged breach or viola[ion of this Agreement. Any alleged grievance shall be [aken up by [he enployee with his Lieutenant within ten shift days of the occurrence. The above parties agree to make every effort [o settle the grievance pronptly at this stage. If no satisfactory settlement is reached, the following proceduie shall apply. Step 1. The grievance shall be reduced to written fotm by the aggrieved enployee stating the section of the Agreemen[ violated and explaining the grievance in detail. The Union representative shall present the written grievance to the Duty Chief within five vorking days after the alleged grievance is taken up by the employee vi[h his Lieutenant. The Duty Chief shall conmence a veeting within five working days after receipt of the caritten grievance between the employee, Lieutenant/Captain and the Union representative. Five days after such meeting, the Duty Chief shall transmit a copy of his decision to [he aggrieved employee and the Chief of the Department. SteP 2. Should the grievance remain unresolved af[er the vrit[en 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 enployee, Union representative and Duty Chief vithin ten working days fron receipt of [he written decision relative to Step 1. The Chief of the Departr�ent shall make a decision on the matter in r✓ricing within [en working days from such meeting. Copies of the Chief's decision will be furnished the aggrieved and the Union representative. - 8 - 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 inves[igatory hearing within five working days of the receipt of the c�ritten grievance. The Mayor shall render a decision in writing within three days of such hearing. Step 4. If [he grievance is not settled in Step 3, the grievance • may be submitted to an arbitrator as hereinafter provided. . The parties shall select within ten days a disinterested party to serve as arbitrator. In the event the Employer and the Union are anable to agree upon an arbitrator, the arbitra[or shall be selected by the process of elimination from a panel of eleven arbitrators furnished by [he American Aibitration Association. The arbitrator shall render a decision as promptly 'as possible. The arbitrator shall have jurisdiction and authori[y only [o interpret, apply or determine compliance vith the specific terms of the Agreeoent and shall not have jurisdiction to add to, detract from or alter in any way the provisions of this Agreement. Any decision within the jursidiction of the azbitrator shall be final and binding upon the parties. The expenses and fees incumbent to the services of the arbitra[or shall be equally shared by the Employer and the Union. Any time limits stipulated in the grievance procedure �ay 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 XV - UNION REPRESENTATIVE Section 1. The husiness representative or other duly authorized Union representative shall be permi[[ed to visit the department during operating hours for purposes consistent with this Agreement, providing he does not interfere with working employees. Section 2. The Union agrees not to conduct Union business on the Ci[y's tine and agrees that no Union oeetings will be held during regular established operatfng hours on City premises. To enable full repre- sen[ation 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 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 at the Fire Station. Addi[ional mee[ings will require prior approval. - 9 - ARTICLE XVI = BULLETIN SOARD A bulletin board shall be provided by the City and located in a mu[ually satisfactory place for posting by the Union of union notices of ineetings, union elections and results of union elections. ARTICLE XVII - NO STRIKE The Union agrees that there shall be no strikes, slowdowns, s[oppages of work, or any interference with the efficient managenent of the Fire Depar[ment during the term of this Agreement. ARTICLE XVIII - MANACEMENT'S RICHTS 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 or 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 vork 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 the employees. d) The City reserves the right [o discipline employees or discharge employees for cause. The .City reserves the right to lay off p"ersonnel for lack of work or funds, or for the occurrence of conditions beyond the control of the City or where such continua[ion of work would be wasteful and unproductive. The City shall have the right [o detextnine reasonable schedules of work and to establish the me[hods and piocesses by which such work is performed. e) The City agrees to meintain a standard of work scheduling consistent with other cities in the area whose fire fighters vork similar tours of duty. ARTICLE XIX - SAVINGS CLAUSE Should any Article, Section or portion thereof of this Agreement be held 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. ' - 10 - ARTICLE XX - FOOD ALLOWANCE The City shall pay all bargaining unit pereonnel vorking 24-hour shift an allowance of one dollar ($1.00) per shif[ actually worked in lieu of subsistence. This amount shall be conputed and paid on a semimonthly � basis. ARTICLE XXI - RETENTION OF BENEEITS All rights, privileges and benefi[s pertaining to Fire Fighter personnel held by employees at the present time in accordance vith City ordinances as well as those specifically nentioned in this Agreement shall remain in full force, unless changed by mutual agreement, during the term of this Agreement. ARTICLE XXII - DURATION Section 1. This Agreement is effective January 1 , 1980 and shall remain in full force and effect through December 31, 1980 and shall automatically be renewed thereafter upon each anniversary of said date unless written notice to [he contrary be given by either party as aet forth in Section 2 of this Article. Section 2. Pursuant to the provisions of RCId Chap[er 41.56, the City agrees to commence negotiations with the Union not later than June 1 of any calendar year where required for the purposes of negotiating vages, hours and other terms and conditions of employment for employees covered by this Agreement. DATED AND SICNED THIS Z�iyT day of , 19� �` CITY OF AUBURN, WASHINGTON INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL N0. 1352 By B yor Preside By Secre[ary Attest: er ^�.�. �.c...� By C. 7_ ,,. D ?. .r-,-,,�.�1� � y Clerk Soard Pember i APPENDZX "A" Classification Effective I/2/80 Fourth Class Fire Fighter 1357.00 (2st 6 months' employment) Third C1ass Fire Fighter ' 19B3.00 (7 thmugh 18 months' employment) � , Second Class Fire Fighter 16I0.00 (19 through 30 montns' employment) First Class Fire Fighter 1747.00 (32 or more months' employment) Lieutenant 1910.00 Captain and/or Fire Marshall 2077.00 LETTER OF UNDERSTANDING - by and between CITY OF AUBURN � ' and INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL N0. 1352 The parties having negotiated a labor Agreement effective Jarniary 1, 1980 to continue through December 31, 1980 hereby agree tha[ such members of the Un3on as may be designated by the Union for the purposes of direct par[icipation as members of the Union negotiating [eam in labor negotiations with the City of Auburn shall be granted leave from du[y without loss of pay for such labor negotiations. IN WITNE WHEREOF, the parties have signed [his Agreement this Z/y/`'� day of � tg}}/q�p���' v CITY OF AUBURN, WASHINGTON INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL N0. 1352 By By Mayor Sta y P.• Kersey Dave Han ty • J ' LETTER OF UNDERSTANDING by and betveen CITY OF AUBURN a nd INTERNATIONAL AS50CIATION OF FIRE FIGHTERS LOCAL N0. 1352 A. Eu�ployees hired prior to December 31, 1979 shall have the current unused sick leave hours as of December 31, 1979 multiplied by three (3). B. Upon conversion, [hose employees whose accrued unused sick leave hours exceed 1,300 hours as of January 1, 1980 shall not accrue additional sick leave until such employee through utilization of sick leave reduces those hours in excess of 1 ,300 hours below 1 ,300 hours. At such time the employee will then accrue sick leave in accordance with Article XI, Section 1 of [he January 1, 1980 labor Agreemen[ not to exceed 1,300 hours. C. In the event such employee whose sick leave exceeds 1,300 hours is placed on disability retireoent, retirement, death or termination in good standing (not termina[ed for cause) such enployee shall be reimbursed for the unused accrued sick leave in accordance with the schedule set forth in Article XI Sick Leave, Section 4. IN WIT S WHEREOF, [he parties have signed this Agreement this Z/�� d ay o f , 1'N9:�9Eo� lij.-r� S� CITY OF AUBURN, WASHINGTON INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL N0. 1352 BY � / BY Mayor Stan P. Kersey" ave Han ty