HomeMy WebLinkAboutIAFF 1993-1995 CBA�l ,� . � %� 3 - 7
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,.. .
AGREEIIAENT � .
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- -. _....._ _--� --.. • .
, . BY AND BETW.EEN . `
. CITY OF AUBURN '
AND :
� �INTERNATIONAL ASSOCIATION OF FIREFIGHTER$
' : .. : LOCAL #.1352 : � :
. JANUARY 1 ,,1993 THROUG,H DEGEMBER 31; 1995
�This agreement is between the, City Of Auburn (hereinafter called ;the 'G' ") and -
`the International;Association of.Firefighters;,Local No,: 1352 (hereinafter,c�ed the ,
"Union'`)_for the_purpose of_setting forth_the mutua_I understanding of the parties:as
to"conditions;of employment for'_those:whom the,City recognizes 4he Uniomas the �
collec4ive 6argaining representative: � -
/
TABLE OF CONTENTS
ARTICLE 1 - RECOGNITION. . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . .1
ARTICLE 2 - UNION SECURITY AND DUES. . . .. . . . . . . . . . . . . . . . . . . .1
ARTICLE 3 - UNION ACTIVITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 �
ARTICLE 4 - HOURS OF NORK AND OYERTIME. . . . . . . . . . . . . . . . . . . . .2
Section 1 -Workweek, Shifts. . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
Section 2 - Workweek, days. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
Section 3 - Offshift Work, Minimum Callback. . . . . . . . . . . . . .2
Section 4 - Offshift Work, Non-Callback. . . . . . . . . . . . . . . . . .2
Section 5 - Overtime Rate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :3
Section 6 - Additional Manpower. . . . . . . . . . . . . . . . . . . . . . . . . .3
Section 7 - Credit Shifts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
Section 8 - Payment for Non-emergency
& Non-Manning shifts. . . . . . . . . . . . . . . . . . . . . . . . .3
Section 9 - Lunch Period. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
Section 10- Accrual Conversions. . . . . . . . . . . . . . . . . . . . . . . . . .3
ARTICLE 5 - WAGES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
Section 1 - Compensation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
Section 2 - Specialist Pay. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
Section 3 - Educational Incentive. . . . . . . . . . . . . . . . . . . . . . . .4
Section 4 - Longevity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
Section 5 - Temporary Assignment. . . . . . . . . . . . . . . . . . . . . . . . .5
Section 6 - Court Testimony. . . . . . . . .. . . . . . . . . . . . . . . . . . . . .5
Section 7 - Base Hourly Rate Calculation. . . . . . . . . . . . . . . . .5
Section 8 - Current Pay Rate Calculation. . . . . . . . . . . . . . . . .5
Section9 - Pay Dates. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6
ARTICLE 5 - WAGES (CONT.)
Section 10 - Pay Diffe�ential . . . . . . . . . . . . . . . . . . . . . . . . . . . .6
Section 11 - Tuition Reimbursement. . . . . . . . . . . . . . . . . . . . . . .6
, Section 12 - Standby Time-Duty Chief. . . . . . . . . . . . . . . . . , .6
Section 13 - Hazard Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6
ARTICLE 6 - HOLIDAYS. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .7
ARTICLE 7 - VACATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
ARTICLE 8 -. SICK LEAVE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10
ARTICLE 9 - BEREAVEMENT LEAVE. . . . . . . . . . . . . . . .. .. . . . . . . . . . .13
ARTICLE 10 = JURY PAY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13
ARTICLE 11 - HEALTH INSURANCE. . . . . . . . . . . . . . . . . . . . . . . . :. . . .14
ARTICLE 12 - UNIFORM ALLOWANCE.. . . . . . . . . . . . . . . . . . . . . . . . . . .15
ARTICLE 13 - GRIEVANCE, CONCILIATION,
AND ARBITRATIUN PROCEDURE. . . . . . . . . . . . . . . . . . . .15
ARTICLE 14 - MANAGEMENT'S RIGHTS. . . . . . . . . . .. . . . . . . . . . . . . . .16
ARTICLE 15 - BULLETIN BOARD. . .. .. . . . . . . . . . ... . . . . . . . . . . . . .17
ARTICLE 16 - NO STRIKE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17
ARTICLE 17 - UNION REPRESENTATIVE. . . . . . . . . . . . . . . . . . . . . . . . .17
ARTICLE 18 - NON-DISCRIMINATION. . . . . . . . . . . . . . . . . . . . . . . . : . .18
ARTICLE 19 - RETENTION OF BENEFITS . . . . . . . . . . . . . . . . . . . . . . .18
ARTICLE 20 - SAVINGS CLAUSE. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .18
ARTICLE 21 - FOOD ALLOWANCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18
ARTICLE 22 - TOBACCO FREE NORKPLACE. . . . . . . . . . . . . . . . . . . . . . .19
ARTICLE 23 - Promotional Exams. . . . . . .. . . . . . . . . . . . . . . . . . . . .19
ARTICLE 24 - Duration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21
1993-1995
AGREEMENT
BY AND BETWEEN
THE CITY OF AUBURN
AND
THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS
LOCAL #1352
This agreement is made and entered into by and between the City of Auburn,
hereinafter referred to as the "City" and the International Association of Fire
Fighters, Local No. 1352, hereinafter referred to as the "Union."
. . ARTICLE I
RECOGNITION
SECTION 1. The City recognizes the Union as the sole and exclusive bargaining
agent for the purpose of establishing wages, hours and working conditions for all
of its full-time department members employed in the following work
classifications: Fire Fighter, Fire Fighter Specialist, Captain (Title change only),
Assistant Fire Marshal, Battalion Chief and Fire Marshal.
SECTION 2. The probationary period for a new employee shall be in accordance
- with Civil Service Rules.and.Regulations. - -
ARTICLE II
UNION SECURITY AND DEDUCTION OF DUES
SECTION I. Each member covered by this Agreement who is a member of the
Union on or after 4he effective date of this Agreement shall, as a condition of
con4inued 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 days commencing from the first date of employment,
as a condiUOn of employment, make application to and become a member of the
Union, or, in the case of employees with a bona fide religious objection to joining
the Union, contribute an amount equal to the periodic dues and initiation fees
uniformly required as a condition of acquiring or retaining membership to a
mutually agreed upon charitable organization as provided for in R.C.W., Chapter
41.56.
SECTION 2. The City agrees to deduct each month Union dues equal to one and
one-quarter percent (I and 1/4%) of a Firefighter First Class's 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.
1993-1995 FIRE FIGHTER'S CONTRACT
PAGE 2
ARTICLE III
. UNION ACTIVITY
The City agrees not to discriminate against any member for lawful activiry in behalf
of or membership in the Union. The Union also agrees not to discriminate against
an employee of the City for their failure to join the Union.
ARTICLE IV
HOURS OF WORK AND OVERTIME
SECTION 1. WORKWEEK, SHIFTS: For members having twenty-four (24) hour
duty shifts, shifts shall begin at 7:00 AM and expire the following day at 7:00 AM,
providing that shifts occurring on Sundays and holidays established by City
Ordinance shall commence at 8:00 AM. This normal workweek shall not exceed
an eyerage of forty-seven (47) hours or 2,442 (four year average) annually
exclusive of the additional one (1) hour incurred relative to the special Sunday and
holiday shifts. This shall be accomplished tiy the use of credit shifts (fwenty 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 v+iorkweek. As mutually agreed, the member
may work five (5) eight (8) hour days (Monday through Friday) or four (4) ten (10)
hour days (scheduled within Monday through Friday). All members working on
days, regardless of rank or previous agreement, will receive the benefits of a day
shift member.
SECTION 3. OFFSHIFT WORK, MINIMUM CALLBACK: All off-shift members will
be paid at their overtime rate when called back to duty when off shift. Members
called back to duty for less than two (2) hours shall be guaranteed a minimum of
two (2) hours at their overtime rate and members called back for more than two
(2) hours shall be paid for a four (4) hour minimum, thereafter in half-hour
increments. All members called back to duty for an emergency situation shall be
released as soon as the emergency is over and the equipment that was used is
put back in service.
SECTION 4. HOLDOVER AND NON-CALLBACK OVERTIME: Members held
over on their normal shift because of an emergency call occurring at shift change
shall be paid for one (1) hour or for the actual time worked, rounded off to the
next higher hour. Hold-over overtime shall be at the member's overtime rate ,
when an incident occurs prior to shift change ( per Article 4, Section 1)and cause
a member to work over ten (10) minutes past shift change.
Non call-back overtime encompasses incidents where off-duty members happen
upon emergency incidents within the City of Auburn and their assistance is
requested by the officer in charge of arriving emergency uni4s. Non-callback
overtime shall be paid at the member's overtime rate. Both hold-over and non-
callback overtime shall be paid on an hour-for-hour basis.
1993-1995 FIRE FIGHTER'S CONTRACT
PAGE 3 �
SECTION 5. OVERTIME RATE: Members shall be paid for overtime at the rate of
time and one half 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") tiy twelve (12) and dividin
that amount by the individual's annual scheduled hours of work (2080 or 2442}
and multiplying the result by 1.5.
SECTION 6. ADDITIONAL MANPOWER: With the exception of the use of mutual
or automatic aid and whenever possible, any additional manpower requirements
of the Fire Department shall be met by first affording the opportunity to work to
full-time paid members of the Fire Department.
SECTION 7. CREDIT SHIFTS: Credit shifts (twenty-four (24) hours off duty) may
be traded between members, or moved with the approval of the Fire Chief or
his/her designee as long as there remains the minimum number of inembers on
duty.
SECTION 8. PAYMENT FOR NON-EMERGENCY OR NON-MANNING
OVERTIME: Overtime pay or compensatory time shall be earned at the rate of
one and one-half (1 1/2) hou�s for each overtime hour worked. This shall be the
member's choice, provided, that the choice is made clear to the supervisor prior
to the overtime being incurred. No member may accumulate more than ninefy-six
(96) hours of compensatory time. A maximum of forty-eight (48) hours of
compensatory time accumulated by a member as of the first of June each year
may be paid at the member's current rate of pay by separate check on or before
June IOth 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 or twenty-four (24) hour increments with the permission of the
Chief or his/her designee. Periods of less than twelve (12) hours or half-shift
increments shall be contingent upon manning at the start of the period of the time
off requested. If staffing is below satisfactory levels, the compensatory time off
stands automatically denied. Regular periods of vacation shall have priority over
compensatory time off when scheduiing 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 du.ty assignment exceed thirty (30)
calendar days in duration.
1993-1995 FIRE FIGHTER'S CONTRACT
PAGE 4
ARTICLE V
WAGES
SECTION 1. COMPENSATION: Members covered by this Agreement shall,
commencing January 1, 1993, be compensated in accordance with the wage
schedule attached to this Agreement and marked Appendix "A". This shall
provide a base wage increase of 3.i 5�0.
Effective January 1, 1994 the 1993 wage schedule shall be increased by ninety
percent (90%) Seattle-Tacoma CPI-W (Mid Year 1992 to 1993), with a minimum
base wage increase of three percent (3%) and a maximum base wage increase of
four and one hatf percent (4.5%). Either party retains the right to reopen the wage
schedule for negotiations if CPI-W Seattle-Tacoma exceeds six percent (6%).
Effective January 1, 1995 the 1994 wage schedule shall be increased by ninety
percent (90%) Seattle-Tacoma CPI-W (Mid- Year 1993 to 1994), with a minirrium
base wage increase of 4hree p.ercent (3%) and a maximum base wage increase of
four and one half percent (4.5%). Either party retains the right to reopen the wage
schedule for negotiations CPI-W Seattle-Tacoma exceeds six percent (6%).
SECTION 2. SPECIALIST PAY: The Classification of Firefighter Specialist is
identified for those Firefighters 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. EDUCATtONAL INCENTIVE: Members hired on or before
December 31, 1989, that have completed courses applicable to a degree direc4ly
related to the demands of a City Of Auburn Firefighter 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 following credits completed:
Credits: Education Incentive Pay:
1. 30 college credits $ 69.64
2. 60 college credits $129.28
3. AA Degree $188.92
4. BA/BS Degree $250.00
Members hired on or after January 1, 1990, that have completed courses
applieable to a degree directly related to the demands of a City Of Auburn 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:
Credits: Education Incentive Pay:
AA Degree (90 Credits) $200.00 Per Month
BA Degree (180 Credits) $250.00 Per Month
1993-1995 FIRE FIGHTER'S CONTRACT
PAGE 5
SECTION 4. LONGEVITY: For members hired 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:
1.) Upon completion of 54 months $ 50.00 per month
2.) Upon completion of 66 months $100.00 per month
3.) Upon completion of 78 months $150.00 per month
4.) Upon completion oi 14 years 5% of 1 st C.lass Salary
5.) Upon completion of 17 years 8% of 1st Class Salary
For members hired on or after January 1, 1990, Longevity pay shall be paid in
accordance with the following schedule:
YEARS OF SERVICE: AMOUNT:
1. Upon completion of 5 years 2% of 1st Class Salary
2.; Upon completion of 8 years 3.5% of 1 st Class Salary
3.) Upon completion of 11 years 5% of 1 st Class Salary
4.) Upon completion of 14 years 6.5% of 1 st Class Salary
5.) Upon comptetion of 17 years 8% of 1st Class Salary
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 hours from six to seventeen hours of work; or b) twenty-four hours from
eighteen to twenty-four hours of work.
SECTION 6. COURT TESTIMONY: A member required to appear in court during
off-duty hours as a witness on behalf of the employer relative to a duty-related
incident shall be compensated for a minimum of two (2) hours at time and one-
half for actual attendance�at the court hearing per salendar day.
SECTION 7. BASE HOURLY RATE CALCULATION: The base hourly rate of pay,
except for calcula4ing overtime pay actually worked, shall be equal to the (monthly
base times twelve (12)) divided by (regular workweek times fifty-two (52)).
SECTION 8. CURRENT PAY RATE CALCULATION: The members' current rate of
pay shall be equal to the (monthly base rate of pay plus incentives, including
longevity times twelve (12)) divided by (the workweek times fifty-two (52)).
1993-1995 FIRE FIGHTER'S CONTRACT
PAGE 6
SECTION 9. PAY DATES: Pay days shall be on or before the eighth (8th) and
twenty third (23rd) of each month, unless the subject days fall on a Sunday or a
Monday holiday, in which case pay checks will be issued on the first working day �
after the Sunday or Monday holiday.
SECTION 10. PAY DIFFERENTIAL: The following pay differential is hereby
established: A) Between Fire Fighter First Class and Fire Fighter Specialist; 102%
of FFiC base wage; B) Beriveen Fire Fighter Specialist and Captain, 110% of Fire
Fighter Specialist base wage; C) Between Fire Fighter Specialist and Battalion
Chief, 120% of Fire Fighter Specialist base wage.
SECTION 11. TUITION REIMBURSEMENT: The City agrees to reimburse
members for educational expenses including tuitio.n and books for courses
applicable to a Fire Science degree or for other courses with prior approval of the,
Fire Chief or his/her designee. City paid books will become the property of the
Fire Department and be placed in the department library. The amount of tuition
reimbursement shall be limited to the current rate schedule at the University of
Washington for the same number of credits earned. In order to be eligible for
reimbursement, the member must receive a grade of "C" or better, or "Pass" in a
pass/fail system.
In order to receive reimbursement for course work, said courses must be taken to
fulfill course requirements for a degree designation that is fire science related.
SECTION 12. STANDBY--TIME-DUTY-CHIEF: -The City and the Union agree that
the use of stand-by time shall be consistent with sound fire fighting practices and
with the maintenance of public safety. Battelion Chiefs formally placed on stand-
by status shall remain within fifteen (15) minutes of the fire department response
area and shall receive six (6) hours of compensatory time for each hNenty-four
(24) hour period, or pro-rated for portions thereof. If a Battalion Chief is actually
called back to duty while on sfand-by status, then normal overtime provisions
shall apply and shall be in addition to stand-by compensation. The Chief has 4he
authority to utilize a Fire Captain as a Duty Chief.
SECTION 13. HAZARD PAY: Special Operations Hazardous Materials Entry
Team Members and Dive Rescue Primary Divers that pertorm in a documented
emergency response call shall be entitled to fifty dollars ($50.00) hazard pay per
incident.
1993-1995 FIRE FIGHTER'S CONTRACT
PAGE 7
ARTICLE VI
HOLIDAYS
SECTION 1. For the purposes of this Agreement holidays shall start at the
beginning of a members' normal shift of the day itself and continue for the next
twenty-four (24) hours.
SECTION 2. All shift members shall be.allowed two (2) shifts leave annually
� regardless of shift assignment in lieu of holidays. Holidays may be scheduled any
time with the approval of the Shift Officer as long as there remains the required
minimum number of inembers on duty. Holidays may be taken with the approval
of the Shift Officer in half-day shift increments (12 hours) commen.c.ing at 7:00 AM
or 7:00 PM. Holidays shall not be consecutively granted to any member of the Fire
Department unless the Fire Chief finds that there are special circumstances
justifying the same and that the extended absence of such member shall not
impair the efficiency of the Department.
SECTION 3. At the discretion of the employee, upon written request to the Fire
Chief no later fhan Noyember 30, the Ciry agrees to pay at the member's current
rate of pay a maximum of two (2) unused shifts of holiday leave. Payment shall be
made by separate check on or before December IOth of each year.
SECTION 4. Effective March 1, 1990, members who work on any of the nine (9)
holidays listed below shall be paid two (2) times their hourly rate of pay.
January 1..................,........,..... New Year's Day
3rd Monday in February............Washington's Birthday
Last Monday in May..................Memorial Day
July 4........................................ Independence Day
ist Monday in September......,.. Labor Day
November 11............................ Veteran's Day
4th Thursday in November.........Thanksgiving Day
4th Friday in November..:.....:.... Day after Thanksgiving
December 25 ..........................,: Christmas Day
Section 5. Holidays taken in any amount shall be subject fo being bumped by
regular periods of vacation with thirty (30) days or more notice.
;
1993-1995 FIRE FIGHTER'S CONTRAGT
PAGE 8
� Sec4ion 6. MembeY. s working day :shrft:_shall:ibe entitled fo hotiday leave in
accocdance witfi Aubu�n City Code 2.63.010.
lisfed below: ; .
.. ;January 1....,.....,..;,.,...�..:..:..�..: New Year's Day
_ ... . .
3rd Monday in February........,...Washington's Birthday
, ;: _
- _
. ' Last Monday in May..................Memorial Day
, .. July 4:.. ..,... ..,,..:: .�.:.,:.. Independence Day ' ,
1st Monday in September.:....... Labo.r Day .
• •: . .. � . ,
_. �
Noiiember 11............................ Veteran's Day . ,
- .
' , 4th Thursday in Novem6er::..:....Thanksgiving Day� � `
� �44h`Friday in Noyember...:..........Day after Tha_nksgiving
. . � — - � �
December 25 ............................ Christmas Day '
,
Two floating holidays ................. During Galender Year
, - . . �.
_ ,. .. .
ARTICLE VII ,
VACATION '
� SECTION 1:.Each memt5er'of the 6a�gain'ing urnt,sfiall 6e ranted a yacation'in; . .;
-__ _ _w
each�calendar y�ear witfiout los§. of pay: Sucfi yacatians ,shall tie computed_ in "
eccordance with Se.ction. 4 and 5 of this:_Article and under the direction and
, supervision of the Chief of 4h_e Fire Departm_ent ou:his/her,designee. Conyersion .
of accrued yacation leave shall be accomqlished;for shift members:scheduled fo_
days and: day:_members ,scheduled to shift by multiplying day 4o shrf4 accrued �
hours by 135.4qo and shift to day accrued hours tiy`73:9°/a.
Ru esland Re uaations as stlafed below n _by: individual member per Departrrient . • �
. .. g - ,
Vacation. may be taken in one (1) shift� increments,by�twenty-four,hour (24).shift
members but will'be subject�to:be.ing bumped by a:yacation:pe�iod of, two (2) or
'mo[e shifts,with thir[y (30).days.notice :during�the months of January; February;
Ma�ch, April, May; SeptembeY; October, Novemlier-and Decem6er. . ' `�
1993-1995 FIRE FIGHTER'S CONTRACT
PAGE 9
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 priyileges. If less
than three (3) shifts of vacation are ta{cen during this period, they stiall have the
same rights as a holiday and be subject to being bumped by regular vacation
periods of three (3) or more shifts. No more than two (2) per�ods of three (3) or
more s.hifts with thirty (30) days' notice shall be scheduled by any member during
June, July or August prior to March 1.
Seniority shali determine the vacation scheduling prior to March 1.
SECTION 3. At the member's discretion upon written request to the Fire Chief no
later than November 30, all remaining Vacation over six (6) shifts which have been
earned that year but not taken in accordance with existing policy, shall be paid by
separate check on or before December 10 of each year at the member's current
rate of pay.
SECTION 4. Each full-time member of the Auburn Fire Department shall be
entitled to accrue vacation leave for each month of continuous service
commencing from the date of their initial employment in the Auburn Fire
Dep.artment.
Fire Department members working shift work shall be entitled vacation in
accordance with the following schedule:
lst year of Service Accrue 3 shifts/year or -
- - --
6 hours /month
Beginning 2 through Accrue 7 shifts/year or 14
5 years ser4ice hours/month
Beginning 6 through Accrue 9 shifts/year or 18
10 years service hours/month
Beginning 11 through Accrue 10 shifts/year or 20
15 years service hours/month
Beginning 16 through Accrue 11 shifts/year or 22
20 years service hours/month
Beginning 21 or more Accrue 12 shifts/year or 24
years service hours/month
1993-1995 FIRE FIGHTER'S CONTRACT
PAGE 10
SECTION 5. Fire Department members working day shift shall be granted
vacation in accordance with the following schedule:
]st year of Service Accrue 9 days/year or
6 hours/month
Beginning 2 through Accrue 14 days/year or 9.3
5 years service hours/mbnth
Beginning 6 through Accrue 18 days/year or 12
10 years service hours/month
Beginning 11 through Accrue 20 days/year or 13.3
15 years service hours/month
Beginning 16 through Accrue 22 days/year or 14.7
20 years service hours/month
Beginning 21 or more Accrue 24 days/year or 16.0
years service hours/month
SECTION 6. The maximum accumulation of vacation hours shall be determined
by multiplying the members monthly accrual rate times Twenty-four (24) as of the
member's anniversary date, unless the member has approval of the Chief or
his%her designee to exceed this maximum.
ARTICLE VIII
SICK LEAVE
SECTION 1. All full-time members shall be entitled to utilize sick leave when they
are incapacitated for the performance of their duties by reason of sickhess or
injury or when through family illness their presence is requ�red. The presence of a
futl-time member shall be deemed as reqwred for medicalty documentable illness
or injury involving the employee's immediate family who are resid.ing with the
employee or for other famdy_members with prior approval of the Fire Chief or
his/her designee. Sick leave (for shift members) shall accrue on the basis of one
(1) shift (24 hours) per calender month to a maximum of 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 1300 hours at which time the accrual and usage
rate will return to twenty-four (24) hours per. month until accruals again exceed
1300 hours.
1993-1995 FIRE FIGHTER'S CONTRACT
PAGE 11
Sick leave accruals for day shift members shall accrue on the basis of eight hours
(8) per calendar month to a maximum of 960 hou�s. When sick leave is faken by a
day shift member, it shall be deducted on the basis of one(1) hour of sick leave
aecrual for each one (1) hour of sick leave used.
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 1300
to 960 by multiplying day to shift accrued hours tiy 135.4°k and shift to day
accrued hours by 73.9%.
SECTION 2. Sickness shall be reported at the beginning of any period of illness to
the Fire Chief or his/her designee, and within three (3) days after returning to
work, the member shall give a written statement including a doctor's certificate
when requested, explaining the nature of his/her illness and submit a formal
request for approval of leave so taken. Such request; when approved by the Fire
Chief or his/her designee, shall be filed in the Department sick leave file.
. Family sick leave shall be reported at.the beginning of any period of illness to the
duty Battalion Chief. The member will explain the nature of the family illness or
emergency. The duty Battalion Chief may request a doctor's certificate for periods
of family s�ck leave use lasting twenty-five (25) hours or less. A doctor's certificate
will be required when a Member uses more than twenty-five (25) hours of family
sick leave, for the same illness or injury, unless prior arrangements are made with
the Chief or his/her designee.
SECTION 3. Members on sick leave or family sick leave shall do all in their power
to recuperate quickly from an illness or injury and assist an ill family member in a
like manner. The member shall do nothing which prolongs recovery from an
illness, injury or the swift recovery of a family member. Members attending ill
family members shall also restrict themselves to the assistance of the ill family
member in appropriate surroundings. Any other arrangements during
recuperation shall require a Doctor's permission and/or the Permission of the
Chief of the Department.
Section 4. Members on any form of sick leave that exceeds ninety siz (96) hou�s
for any one incident shall submit a written report from a Doctor to the Fire Chief or
his/her designee upon returning to work. The report shall include, when
applicable, a written statement explaining his/her diagnosis, treatment and
prognosis.
Report of this nature shall be required every thirty (30) days for members on sick
leave exceeding ninety six (96) hours for one incident. Every report shall note the
member's medical suitability for return to administrative or light duty as defined by
the light duty/physical capabilities job description provided by the Fire Chief or
his/her designee for Physician's evaluation,
1993-1995 FIRE FIGHTER'S CONTRACT
PAGE 12
The Fire Chief may, at his/her discretion, in the event of an incident exceeding
ninety six (96) hours use of sick leave, require the member to go to a doctor of
the City's choice for a second opinion on the member's condition paid for by the
City, prognosis and suitability for return to normal work or light duty based on the
light duty/physical capability job description. Light duty for LEOFF I members will
be voluntary. Assignments to light duty shall be at the Fire Chief's option and shall
not be unreasonably refused by employees. Any dispute arising out of applicable
Physician's reports regardin� an employee's ftness for light duty will be resolve.d
by third party Physician's opmion, third party physician to be selected by the first �
two (2) Physicians, to be secured at City expense.
� Section 5. Upon release of the member for administrative or light duty and prior to
the return to full duty, the Department may assign members to suitable duties
within the Department on the existing shifts.
Section 6. Upon certification of disability retirement by the Department of
Retirement Systems, retirement, death o� termination in good standing (not
termination for cause) the member shall be reimbu�sed at his/her cu�rent rate of
pay for unused accrued sick leave up to a maximum of 1300 hours in accordance
with the following schedule based on continuous years of service:
Upon Completion Percent of Accrued
of Years of Service Unused Sick Leave
0 through 4 years 0% (except in the
event of death
occurring in the
line of duty, 25q
of such employee's
accrued unused sick
leave shall be paid
to the employee's
beneficiary) .
5 through 14 years 25Y
15 through 24 years 50�e
25 years and over 100%
Members hired on or after 1/1/93 will not be eligible for any cash-out of accrued
but unused sick leave, except for death in the line of duty, to be paid to the
employee's beneficiary.
1993-1995 FIRE FIGHTER'S CONTRACT
PAGE 13
SECTION 7. When a LEOFF II member sustains an on-the-job injury or illness as
covered by Washington State Workers' Compensation, he/she shall receive
his/her current rate of pay for a period not to exceed six (6) months, provided
he/she signs all Workers' Compensation checks over to the City. The member will
continue to receive all employer fully funded benefits as they are afforded active
members.
SECTION 8. When a shift member has accumulated 1300 hours of sick leave, or
when a day member has accumulated 960 hours of sick leave, his/her sick leave
shall continue to accumulate at the appropriate rate per month, as defined in
Section 1 above, until the end of the year, at which time all sick leave accumulated
in excess of the maximum shall be paid at twenty five percent (25%) of the
member's current rate of pay by separate check on or before January IOth each
year.
ARTICLE IX
BEREAVEMENTLEAVE
Members shall be allowed up to three (3) calendar days off for day members or
one (1) twenty four (24) hour shift off for shift members without loss of pay for
death in his/her immediate family requiring his/her presence, upon approval of
the Fire Chief. Immediate family shall include under this caption only
grandparents, father, mother, father-in-law, mother-in-law, spouse, brother, sister
or children of the member.
ARTICLE X
JURY PAY
SECTION 1. If an employee receives a summons for jury duty, he/she shall
immediately advise the Fire Chief of the same. After discussion with and if agreed
to by the employee, the Fire Chief may de.cide, based on minimum manning and
other staffing issues , to attempt to have the person exempted from serving in this
capacity due to their emergency senrice position. In the event that the exemption
is not granted and the employee is required to serve jury duty, he/she will be
compensated at his/her regular rate of pay while performing this civic duty. Pay
for jury duty shall be returned fo the employer. Employees shall be required to
report for work for any portion of their regularly scheduled shift during which they
are not actually serving on a jury or waiting to be impaneled.
SECTION 2. Any member of the bargaining unit who, as a result of his/her fire
department du4ies, is required to appear before a court, legislative committee, or
a quasi-judicial body as a witness in response to a subpoena or other directive
while on duty, shall be approved as authorized leave with pay. Any compensation
received for such appearances shall be returned to the City.
1993-1995 FIRE FIGHTER'S CONTRACT
PAGE 14
ARTICLE XI
HEALTH INSURANCE
SECTION 1. A health care, dental care, vision, LEOFF II disability insurance, and
� life insurance program shall continue to be granted 4o eligible members and their
dependents, the cost to be paid by the City except as modified by Section 2,
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 Disability Insurance of $23.00 per month
Section 2. Health insurance co-payments shall include a ninety percent (90%)
Ciry paid premium for LEOFF I and LEOFF II spouses and children-- based on
AWC Medical Plan A -- with the employee pay�ng ten percent (10°k) of the
Premium. The City shall continue to pay one hundred percent (100°k) of the
employee 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 with the MOU's "Physical
Examinations For Firefighters" and "Drug and Alcohol Testing Policy and
Procedures" attached to this agreement. In 1990 every member will have a
physical to establish baselines; thereafter each member will be required to have a
physical at least once eve.ry three (3) years, and more frequently as deemed
necessary by the City's phys�cian.
1993-1995 FIRE FIGHTER'S CONTRACT
PAGE 15
ARTICLE XII
UNIFORM ALIOWANCE
SECTION 1. Uniforms and protective devices shall be furnished by the City.
SECTION 2. Any proposed changes in uniforms shall be brought to the Union
Uniform Committee for timely review , evaluation and recommendation to the
Chief. After consideration of all factors involved, the Chief will make the final
purchasing decision.
ARTICLE XIII
GRIEVANCE CONCILIATION AND ARBITRATION PROCEDURE
For purposes of this Agreement, the term grievance means any dispute between
the City and the Urnon concerning an alleged breach or violation of this
Agreement. Any alleged rievance shall be taken up by the member with his/her
supervisorwithin fifteen �15) business days of the occurrence. If no satisfactory
settlement is reached, the following procedure shall apply.
Step 1• The grievance shall be reduced to written form by the aggrieved member
stating the section of the Agreement violated and explaining the grievance in
detail., The Union representative shall present the written grievance to the
Assistant Fire Chief within-five (5) business days after the alleged gnevance is -
taken up with his/her superviso.r. The Assistant Fire Chief shall commence a
meeting within five (5) business days after receipt of the written grievance
between the member, supervisor, and the Union representative. Five (5) business
days after such meeting, the Assistant Chief shall 4ransmit a copy of his/her
decision to the aggrieved member and the Chief of the department.
Step 2. Should the grievance remain unresolved after the written decision is
delivered in Step 1 to the Chief of the Department, a meeting shall be held by the
Chief of the Department with the member, Union representative, and the Assistant
Chief within ten (10) business days from receipt of the written decision relative to
Step 1. The Chief of the Departme.nt shall make a decision on the matter in writing
within ten (10) business days from such meeting. Copies of the Chief's decision
will be furnished to the aggrieved and the Union re.presentative.
Steq 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
concJuct an investigatory hearing within f�ve (5) business days of receipt of the
written grievance. The Mayor shall render a decision in writing within three (3)
business days of such hearing.
1993-1995 FIRE FIGHTER'S CONTRACT
PAGE 16
Step a• If the grievance is not settled in Step 3, the grievance may be submitted to
an arbitrator as hereinafter provided. The parties shall select within ten (10)
business days, a disinterested parry to serve as arbitrator. In the event the City
and 4he Union are unable to agree upon an arbitrator, the arbitrator shall be
selected in accordance with the rules of the American Arbitration Association from
a panel of eleven (11) arbitrators furnished by the American Arbitration
Association. The arbitrator shall have jurisdiction and authority only to inte.rpret,
apply, or determine compliance with the specific terms of the Agreement and shall
not haye jurisdiction to add to, detract from, or alter in any way the provision of
4his Agreement. Any deaision within the jurisdiction of the Arbitrator shall be final
and binding upon the parties. The expenses and fees incumbent to the services
of the arbitrator shall be equally shared by the City and the Union.
Any time limits stipulated in the grievance procedure may be extended for stated
periods of time by the appropriate parties by mutual agreement in writing.
Pending final decision of any grievance by a�y of the above procedure, work shall
continue without interruption and under conditions prevailing prior to the time the
dispute startecl.
ARTICLE XIV
MANAGEMENT'S RIGHTS
The Union recognizes the pero�ative of the City to operate and manage its affairs
in all respects in accordance wdh 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 Ciry to establish reasonable
work rules.
B. The City has the right to schedule overtime work as required and consistent
with the requireme.nts 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 speafically described.
Nevertheless, it is intended that all such duties shall be performed by members.
D. The City reserves the right to discipline members or discharge members for
cause. The City reserves the right to lay off members for lack of work or funds, or
the occurrence of conditions beyond the control of the City or where such
continuation of work would be wasteful or unproductive. The City shall have the
right to determine required schedules of work and to establish the methods and
processes by which such work is to be performed.
E. The City agrees to maintain a standard of work scheduling consistent with
other cities in the area whose members work a similar tour of duty.
. , ;
1993-1995 FIRE FIGHTER'S CONTRACT
PAGE 17
ARTICLE:XV ��
BULLETIN BOARD -
-
, , ' A pulletin boa�d shall be:provided tiy the City �n each fire station andilocated in;a
` mutually; satisfactory place�for posting by the Union of notices of ineetings; union:
� elections and re.sults of urngn elections,
� ' ARTICLE XVI� '
� . . _ NO STRIKE . - .
. . . , , .
The�Union. agrees lhat tFiere shall tie no st�ikes, slow0owns, stoppages'of;work,
., _ _ , ..
_.., _._
br any interference with the efficient,management�of the.Fire Department during ` `
�tfie:term.of this Agreement.
• _ .
• - AFiTICLE XVII . -
, . UNION REP_RESENTATIVE; .
_
:SECTION 1. The. business,�representatiVe .or o4her . duly .authorized ,Union . �
,�epresentatroe sFiall be permitted to Visit the,department during.operating hours -� �
,for purposes consistent wdh the Agreement, proJ�ding he/she does not.mterfere '
with working'members. _ ' ' -
•
SECTION_2 The, Union agrees not�to conduct Union business on the Crty_s time `
sand a��ees that no Union meetmgs will-be held'•during regular`,establistied �•
operat�ng:hours on City:p[emises. To enable full, representation .at meetings:by , '
membe�S of the bargaining.unit,:the establishedrop_erating hours forvthis purpose °
sfiall tie de`emed to Lie.between'7:00 AM and 5:00_PM:_Monthly meetings may Lie _
. ..
" ,h_eid on a regular basi§ in.Fire Station 31`s Training Room. Additional meetings.
/ _ . . ;
__
or hUS�er des gnee,the Training Room will �equire pnor approval of�tFie Fire Chief
.
— - '
�SEGTION_3. The parties_ having a labor :Agreement hereby agree that sueFi, '
�mem6ers-of,4he Union (three maxim'um)as�may 6e designated by.thg;Urnon wi4h. ; �
prior'notification for the purposes of direcf participation as members,of the,Union .
negotiating feam in labor negotiations with the Cify'of Auburn, shall be gr,anted
- . leave f�om duty withouf loss of"pay for sucFi negot'iations. � � .
� '�« ,
� 1993-1995 FIRE.FIGHTER`S CONTRACT .
FAGE 18
ARTIGL-E XVIII �
" NONDISCRIMINATION �
The Union and the City agree .40 .promote :and afford equal.,employment
opportunit�es to all persons regardless_of 7ace, creed .color,,etFinici4y; national , �'.
origin; sex, age o�marital status, or the presence of�any non=job-�elated phy"sical,
� sensory or mental handic.ap.
_ ARTICLE XIX � .
RETENTION OF BENEFITS
. �. .
� All wa es, hours_ and workin conditions held b members at the- .resent�time. `
9 y Y ., P
_ . ; ,
and;:fhose in. ;accordance, wdh Gity Ordinances as well as those speafeally ;
mentioned in tFiis Agreement shall:remam in full fbrce, unless changed by mutual
'ag�eement during the 4erm of this agreement. : _
ARTICLE:XX
SAVINGS CLAUSE "� ;
, ._ Should any�Article, Section or portion "thereof of this:Agreement be unlawful!and, �
, ,�, ,unenforceable by any Court of competent.jurisdiction,�such deaSion�of the CouR �
�: shall apply only to the specific Article;Sect�on, or portion thereof, directly_specified '
in the. decision`and sueh_a_decision will automatically reopen for�negotiations tl5e,
` Article, Section or portion thereof of the. Agreemen4 found to be unlawful, to
.ensu�e compliance with fhe:law: � ' �
ARTICLE XXI
FOOD ALLOWANCE �
� _.
;One. hundred__dollars ($100) has be.e.n added_ to the annual, base pay' effectiv.e .
• , .;lanuary i, 1990. -
1993-1995 FIRE FIGHTER'S CONTRACT
PAGE 19
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
ferminated. If they begin to use fobacco on duty after successful completion of
their probation period, they will be required to attend smokin� cessation classes
of their own choice. If they remain tobacco free on duty for six (6) months after
successful completion of the class they will be reimbursed up to$150.00 by the
City. If the members continue to use tobacco on duty they will be subject to
. normal discipline procedures up to and including termination.
Section 2. Members will agree to abide by the Ciry's Tobacco-Free work
endironment Policy and use tobacco only in assigned areas.
ARTICLE XXIII
PROMOTIONAL EXAMS
SECTION 1. All promotions to positions within the bargaining unit shali be based
solely on merit, e�ciency, educational requirements and fitness ascertained by
open competitive examination.
Each candidate for Fire Captain or equivalent shall be required to hold as of:
1/1/94 - 30 credits of college level course work
1/1/95 - 45 credits of college level course work
All course work must be in Fire Command, Fire Science, Fire Technology or a
degree closely related to these areas as deemed appropriate by the Fire Chief.
All personnel currently holding the position of Captain or equivalent will be exempt
from this requirement.
Each candidate for Battalion Chief or equivalent shall be required to hold as of:
1/1/94 - 45 credits of college level course work
1/1/95 - 60 credits of college level course work
12/31/95 - AA Degree
All course work must be in Fire Command, Fire Science, Fire Technology or a
degree closely related to these areas as deemed appropriate by the Fire Chief.
All personnel currently holding the position of Battalion Chief will be exempt from
this requirement. '
1993-1995 FIRE FIGHTER'S CONTRACT
PAGE 20
SECTION 2. Examinations shall fairly, objectively, and comprehensively test for
qualifications for the position.
A general description of the process and methods of examination (ie. written, oral,
assessment center; etc.), and identification of any portions for which a passing
g�ade is required, weight assigned by the City to each component, minimum
passing scores for any such portion, and minimum passing scores for the entire
examination shall be included in the official examinat�on notice, which shall be
provided to the union and posted conspicuously in every fire station not less than
30 days prior to the examination.
SECTION 3. Examinations shall be prepared and administered by persons who
are qUalified by reason of suitable caree.r experience.
SECTION 4. The identities of all examination participants shall be concealed from
�the examiners throughout the examination process. The Union may designate an
observer to attend the development and administration of the examination. The
examiner(s) shall have the responsibility of assuring that the observer does not
disrupt the examination process. Any observer is required to honor the
confidentiality of the examination until such time as the examination results are
posted.
SECTION 5. Candidates shall be allowed a period of five business days following
the completion of the examination, and prior to the posting of the candidates
scores, in which each candidate may inspect his/her summary score sheets.
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
• year, with the possibility of an extension for another year for a maximum total of
two years.
SECTION 7. Upon request for certification of names to fill a vacancy, the
Secretary-Chief Examiner shall certify to the department head the three 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 of the top three names on the list.
SECTION 8. After each re�ular appointment from an etigibiiity list, an employee
shall serve a complete period of protiation before appointment or promoUOn is
complete. No new probationary period results from a transfer to a different shift
or reduction of an employee who previously completed a probationary period.
The period of probation shall be twelve calendar months from the da4e of •
appointment to a regular posifion. If an employee is absent from duty for a
prolonged period during a probationary period and the department head does not
have a reasonabte opporturnty to evaluate the performance of an employee, the
department head may calculate the probationary period on the basis of twelve
calendar months of actual service, exclusive of the time away on leave.
, \.
� . . ' . .�. _... .: . ' . . ' .. . . .
�`.1993-.1995 FIRE FIGHTER'S CONTRACT -
FAGE 21 . _
: _ .�.: . .. . ._ . ..
- SECTION 9. The Union, and_ any employees �it, represents, shall appeal "any
alleged violation of the promotion,process�set forth, herem through the grieva'nce ,
,procedure of 'the collect'ive bacgaining ag�eement. rather than,;throu�h'the,Civil
• . <Service Commission Any.appeal,.of the promofion process tiy the Union�shall be . .
rewewed by ari a�bitrator as to whettier oc not the'City violated the-procedures::se4:
forth herein. : ,
ARTICLE XXIV � :
• :,: . .
• DURATION .
�_ � : . , ;
Section :i. Except,as othervyise indicated in individual articles, this ag�eement:shall , '
." . _ �.
be eff,ective.•Jan'uary 1; 1993' and.;shall remain m full force and. effect througfi .•. . .. .
DeCem6er 31,.1995. ' r." "
�. . .
.
.
,. ,..
, : , . . . . .
, . , .
. . , , , - " ,
, . '
, .�' ' �1993-]995 Fire Fighters Contract
Page 22
� Signed this,�_day of�, 1993,af Aubum, Washington,
, ,
.City Qf Aubum International Association of Firefighters, Local No-1352 ; . -
By By: r � . . ' :
' Mayor Rresiden# ,
By � -
����' dy Clerk Secre4ary -. _
`�_ _ . .
By:� .1,�.0�� -
�,' _ �
' . Nego4iafo�
� Approved As To Form: ,
�By> �f�.,_/l!'��:1� , • , .
C.ity Att.o.rney .
. , _ _ , . , � „ � .,
MEMORANDUM OF UNDERSTANDING
. ° -- -
HY AND BETWEEN
THE CIT:Y OF AUBURN
AND ' .
- - - - -- - --
' AUBURN FIRE FIGHTERS LACAL 1352
. - : .
� Thi's: Mem"orandum 'of Unders't'andinq is attached: to..the, .
-_ _ . .
� _ Current Labor Agreement for the .purpose of clarify,ing the �
. �intent of Ehe 3anguage changes :in Article VI-II, Sect;ion 6, - ' '
_.. _ ,
. '' and, mutual_ly agreed to by botli, parties:.'listed. hereon'.after
negot:_'iabions . re.garding the_ top"ic of :Sellback of Accrued, - '
; Unused S_ick Leave: '' ' - �
� •� 1. , It is understood. that members of the bargaininq unit,'_-
hired.�prior fo Janu'ary 1, 1993 are e3_igible for this:. .
provision: • .
_ .. , . .
� 2. It ,is understood that ,members_ of tkie bargairiing.unit- � `
� hired. on or after `January 1;.. 1993- are not ,eligilile; for th"is* � �
_ _.,—_ .
� ° provision: Ho_wever, in _the event o,f ;the employee"s death_ ,i.n ' .
• , . � ' ;the line of . duty,";fhe ''employee's ;benef•iciary shall` ,be_pa_id - � � "
;pursuant to the payout schedule , set :forth in Article:VIII;
. ___ . .. _.
Sectiori 6. , .
3, It is understood that. the duration of. tliis MOU� shall. :be�
_ _ _. _ , ..
. in accordan_ce with the limitations- defined in RCW ,41. 56. ' , � � .
. .
� . .. . . .
, Approved: , • -
' �1��� �'�"''� �"` , . . �, (�p�t3:
Robert K. Johnson;-Chief Date ��
;. ,
, .
. .
� i�a l )�`,�- . 1� - — . D :. �
Chris Heminger, P. sident Da e,' �
" 3AFF Local 1.352
- �
. 1.
MEMORANDUM OF UNDERSTANDING REGARDING
DRUG AND ALCOHOL TESTING POLICY AND PROCEDURES
The procedures outlined in this MemorBndum of Understanding
for drug and alcohol testing shall become a part of the
current Labor Agreement between the City and the Fire
Fighters Union, IAFF Local 1352, and be covered by all
applicable articles within that Agreement. This policy is
instituted 'to assure that both parties work to certify that
the work place is free of employees whose ' job performance
may be impaired by the abuse of d=ugs and/or , alcohol and to
comply with the provisions of the Federal Diug Free
Workplace Act of 1988. Therefore, the Union and the City.
aqree to the following:
Section 1. Policy:
The City and the Union recognize that drug use by employees
would be a threat to the public welfare and the safety of
department personnel. It is ' the goal of this Policy to
eliminate or prevent. illegal drug usage and abuse of legal
drugs or alcohol at all times through education, treatment,
and rehabilitation of the affected personnel , to the extent
possible. The illegal possession, manufacture, sale or .use
of alcoholic beverages or unauthorized drugs shall not be
permitted at the City' s work sites and/or while an employee
is on duty.
Section 2 . Informing Employees about Drug and Alcohol
Tesf ing:
All employees shall be fully informed of the drug and
alcohol testing policy. Employees will be provided with
information concerning the impact of the use of alcohol and
drugs on job performance. In addition, the City shall
inform the employees on how the tests are conducted, what
the test can determine, and the consequence of testing
positive for drug use. All newly hired employees will be
provided with this information on their initial date of
hire, or as soon thereafter as possible. No employee shall
be tested before this information is provided to him/her.
Employees who voluntarily come forward and ask for
assistance to deal with a drug and/or alcohol problem shall
not be disciplined for that act by the City, unless he/she
refuses the opportunity for rehabilitation, fails to
successfully complete the program or again tests positive
for drugs within three (3) years of completing an
appropriate rehabilitation program.
I
MEMORANDUM OF UNDERSTANDING REGARDING
DRUG AND ALCOHOL TESTING POLZCY AND PROCEDURES
Section 3 . Prohibited and Controlled Substances:
Drugs shall be defined as narcotics, depressants,
stimulants, hallucinogens, cannabis, and alcohol --
substances whose dissemination is iegulated by law or this
policy.
With respect to over-the-counter drugs and/or drugs that
require a prescription or other written approval from a
licensed physician or dentist for their use, it is the
responsibility of the employee to review cautiona_ry warnings
for potential side effects and inquire of the issuing
medical authority as to the potential impact of the drug to
impair one 's ability to work safely and effectively. Each
employee is expected to inform his/her supervisor of such
ciicumstances if there is reasonable cause to believe there
will be impairment.
Section 4. Employee Testing:
Employees shall not be subjected to random medical testing
involving urine or blood analysis or other similar or
related tests for the purpose of discovering possible drug
or alcohol abuse. Zf, 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
beha4ior, or performance for that specific employee.
Section 5. Sample Collection:
The collection of the samples shall be performed by a clinic
mutually agreeable to the City and the Local, qualified and
authorized to administer and determine the meaning of any
test results. The laboratory performing the test shall be
one that is certified by the National Institute of Drug
Abuse (NIDA) . The laboratory performing the test must be
agreed to between the City and the Local . The laboratory
used shall also be one whose procedures are periodically
tested by NIDA where they analyze unknown samples sent to an
independent party. The results of employee tests shall be
made available to the designated Medical Review Physician.
MEMORANDUM OF UNDERSTANDING REGARDING
DRUG AND ALCOHOL TESTZNG POLICY AND PROCEDURES
Collection of blood or urine samples shall be conducted in a
manner which provides the highest degree of security for the
sample and freedom from adulteration. Recognized strict
chain of custody procedures must be followed for all samples
as set by NIDA. The Union and the City agree that security
of the biological urine and blood samples is an absolute
necessity, therefore, the City agrees that if the security
of the sample is compromised in any way, any positive test
result shall be invalid unless the employee tests positive
on a re-test. An employee who refuses to submit to
discovery testing as set forth in this Agreement shall be
subject to disciplinary action up to and including discharge
for the purpose of administering this Article.
Blood or urine samples will be submitted as per NIDA
Standards. Employees have the right to seek the presence of
and consultation with Union or legal counsel prior to
submission of the sample. Employees shall not be witnessed
while submitting a urine specimen. Prior to submitting a
. urine or blood sample the employee will be required to sign
a consent and release form (as attached to this Policy) .
A split sample shall be reserved in all cases for an
independent analysis in the event of a positive test result.
All samples must be stored in a scientifically acceptable
preserved manner consistent with NIDA Standards. All
positive confirmed samples and related paperwork must be
retained with the laboratory for at least six (6) months or
for the duration of any grievance, disciplinary action, or
legal proceedings, whichever is longer. At the conclusion
of this period, the specimen shall be destroyed. The
employee shall not consume any food or liquids until after
the sample is taken.
Section 6. Drug Testing:
The laboratory shall test for only the substances and within
the limits as follows for the initial and confirmation tests
as provided within NIDA Standards. The initial test shall
use an immunoassay which meets the requirements of the Food
and Drug Administration for commercial distribution. The
following initial cutoff le0els shall be used when screening
specimens to determine whether they are negative for these
five drugs or classes of drugs. :
MEMORANDUM OF UNDERSTANDING REGARDZNG
DRUG AND ALCOHOL TESTING POLICY AND PROCEDURES
INITIAL TESTING
Marijuana metabolites 100 ng/ml
Cocaine metabolites 300 ng/ml
Opiate metabolites (1) 300 ng/ml
Phencyclidine 25 ng/ml
Amphetamines 1, 000 ng/ml
(1) If immunoassay is specific for free morphine the
initial level is 25 ng/ml.
Unless the City has reasonable basis for conducting a
confirmatory test, testing will be discontinued. In this
case the test sample(s) will be destroyed, and records of
the testing expunged from the employee's file. Confirmatory
tests will be conducted using gas chromatographyjmass
spectrometry (GC/MS) techniques at the following liste.d
cutoff values:
CONFIF2MATORY TESTING
Marijuana metabolites (1) 15 ng/ml
Cocaine metabolites (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
(1) Delta-9-tetrahydrocannabinol-9-carboxylic acid
(2) Benzoylecgonine
if confirmatory testing results are negative, all samples
shall be destroyed and records of the testing shall be
expunged from the employee's file(s) .
Section 7 . Alcohol Testing:
Reporting for work with any measurable amount of alcohol in
the bloodstream (i.e. a blood alcohol level of . 05 or
higher) will be a basis for disciplinary action. A _
breathalyzer or similar equipment shall be used to
immediately screen for alcohol use and if positive, shall be
confirmed by a blood alcohol test performed by a qualified
laboratory to determine the amount of alcohol in the
bloodstream. The screening test shall be performed by an
MEMORANDUM OF UNDERSTANDING REGARDING
DRUG AND ALCOHOL TESTING POLICY AND PROCEDURES
Section 7 (Cont. )
individual 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 results are negative, testing
shall be discontinued, all samples destroyed, and records of
the testing expunged from the employee's file(s) . Only
specimens identified as positive on the initial test shall
be confirmed using a blood alcohol test. Sample handling
procedures in Section 4 shall apply. A positive blood
alcohol level shall be . 05 grams per 100 ml of blood.
If such alcohol testing results are negative, all samples
shall be destroyed and records of the testing expunged from
the employee' s file(s) .
Section 8. Medical Review Physician
The Medical Review 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 (sensiti4ity, specificity, and
predictive value) , the laboratories running the tests, and
the medical conditions and work exposures of the employees.
The role of the Medical Review Physician will be to review
and interpret the positive , test results. He/she must
examine alternate medical explanations for any positive test
results. This action shall include conducting a medical
interview with the affected employee, review of the
employee's medical history, and review of any other relevant
medical factors. The Medical Review Physician must review
all medical records made available by the tested employee
when a confirmed positive test result could have resulted
from legally prescribed medication.
Section 9. Laboratory Results:
The laboratory will advise only the employee and the Medical
Review Physician of any positive results. The results of a
positive drug or alcohol test can only be released to the
City by the Medical Review Physician once he/she has
completed appropriate review and analysis of the
laboratory's test. The City will be required to keep the
results confidential and it shall not be released to the
general public.
MEMORANDUM OF UNDERSTANDING REGARDING
DRUG AND ALCOHOL TESTING POLICY AND PROCEDURES
Section 10. Testing Program Costs:
The City shall pay for all costs involving drug and alcohol
testing as well as the expenses involved of the Medical
Review Physician. The employer shall also reimburse each
employee for their time and reasonable expenses including
travel incurred in involving the testing procedure only.
Section 11. Discipline:
The parties recognize that an employee has the obligation
not to place him/herself in a situation where the ability to
perform his/her job is impaired by drugs or alcohol . In the
event an employee fails to fulfill his/her obligations, it
is the responsibility of the city to remove such employee
from the work environment to prevent the endangerment of the
employee, fellow employees, and/or the public. Any employee
who tests positive for drugs may be subject to disciplinary
action up to and including termination, depending upon the
circumstances of the situation. Circumstances that would
warrant termination include incidents where the employee's
impairment resulted in loss of life , serious injury to self
or others, or the serious loss of damage of property.
In cases where termination is not warranted, the employee
involved who tests positive for drugs or alcohol may be
placed in a rehabilitation leave status where the employee
may utilize accrued paid leave. In this case, the employee
shall be evaluated by a licensed drug/alcohol evaluator
recommended by the E.A. P. counselor (agreed to by the
employer) : Participation by the employee in the approved
treatment program is mandatory . Once the intensive part of
the program is completed, the employee may be retuined to
his/her regular duty assignment but only with a written
release from a Physician approved by the employer. Employees
who complete a rehabilitation program may be tested randomly
once every quarter for the following thirty six (36) months.
Section 12. Rehabilitation:
Employees who enter the program on their own initiative may
or may not be subject to re-testing, depending on the
circumstances. The treatment and rehabilitation shall be
paid for by the City to the extent coverage is provided by
MEMORANDUM OF UNDERSTANDING REGARDING
DRUG AND ALCOHOL TESTING POLICY AND PROCEDURES
Section 12 ( Cont. )
the employees 's insurance program. Should there be a
difference in the number of days of the rehabilitation
program and the limit of the treatment days with the
insurance carrier, the City will cover the cost of the
difference up to a maximum of 30 days, inclusive, beyond
insurance coverage. Employees will be allowed to use their
accrued and earned leave for the necessary time off
involved in the Rehabilitation program. Periodic progress
reports from the attending counselor shall be provided to
the employer stating the prognosis of the employee's return
to his/her duty assignment.
If an employee tests positive during the thirty six (36)
month period, the employee will be re-evaluated by a
licensed drug or alcohol counselor to determine if the
employee requires additional counseling or treatment. The
employee will be solely responsible for any costs, not
covered by insurance, which arise from this additional
counseling or treatment.
Section 13 . Duty Assiqnment 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 results of the
drug or alcohol tests and any discipline imposed in the same
manner that he/she may grieve any other employer action.
Section 15. Chanqes in testing procedures:
The parties recognize that during the life of this
agieement, there may �be improvements in the technology of
testing procedures which provide more accurate testing. In
that event, the parties will bargain in good faith whether
to amend this procedure to include such improvements. If the
parties are unable to agree on the amendments they will be
submitted to impasse procedures as outlined in RCW 41. 56.
. - MEMORANDUM OF UNDERSTANDING REGARDING
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' DRUG AND ALCOHOL TESTING POI;ICY 'AND PROCEDURES
, Seetion 16. Conflicf with other= 3aw`s or City Policyd
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. This'-.article is in no way infended ,to: supersede oi:, waive 'an`y„
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constitutional or other „rights thaf. ttie employee ,may"_ be
entitled to, or legal ,obl-igation,s":that' the Employer:,may. :have
. under ' Federal, State; or 1oca1-, .statutes. This agreement . �
, . ' �take_s precedence oyer City.'Policy. ,
APproved; .
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' . .:. • Rbber:; K. >John n IAFF Locai -# 2— - � -
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CONSENT/RELEASE
I consent to the collection of a urine sample by
and its analysis by
for AlCOhol or
those drugs specified in the Collective Bargaining Agreement.
The laboratory administering the tests will be allowed to release the results to my
Employer only after the Laboratory's resul4s have been reviewed and interpreted
by the Medical Review Physician. The information provided to the employer shall
be only whether the tests were confirmed positive or were negative and not any
other results of the tests without my written consent.
The laboratory is not authorized to release the results of this test to any other
person without my written consent.
• I understand that I have the right to my complete test results and that the
laboratory will preserve the sample for at least six months. I have the right to have
this sample split and a portion tested at the Erriployer's expense at a second
laboratory of my choice in the event the test results are confirmed positive.
I understand that the Employer is requiring me to submit to this testing as a
condition of my employment and that alteration of the sample or failure to
reasonably cooperate with the collection of a urine sample may result in a
disciplinary action by the Employer.
I understand that a confirmed positive test may result in a requirement that I
undergo rehabilitation.
By signing this consent form, I am not waiving any of my rights under any federal,
state or local law, statute, constitution, ordinance, administrative rule, or
regulation or common law provision. I understand that I have the right to
� challenge any confirmed positive test result and any employer action based
� thereon, by filing a grievance under the Collective Bargaining Agreement.
a e mp oyee igna ure
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` INTERIM NIEMORANDUM OF'UNDERSTA��ING
, :
� SUBIECL: PHYSICAL;EXAMINATIONS FOR FIREFlGHTERS ,- '
, _�URPOSE: Thu Memorandu_m of Undent.anCing ouiWes "the paramefer�.,br.
-- which ihe._�ry and �Local' wiD piomulga(e fiiefghier ptiysical �
ezamination stanAards. . .. � _
' ' , .� _�GREEMENT:_ The.Ci_ty and the Local agree to the fo0owing�nterim para_meters6. "
` 1. A joint comwttee;composed,equagr of inemtieistiip between, .
. , iabor and management; w�71,:tie conveued to adopt,mutuaDy
agreeabl_e ptiyiical examination stanAardi and sanctioni for
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2 'ibose,standards w�l be in,compG� ance ant6 tfie:spuit and inteqt.
o[the`NFPA 1300�(:1►apier 8'-MeAical
� : , . 3: 'I1►e examinations wn�1 be pravided eacb designated 6re6gbter at �
� no ca�f to the 6re6ghter.,
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pg'{�: 7bis memorandum w�l be in egect a= an,faterim measure unhl ,
physical:exam itandaids mutua�jr"agree.abk to the';�ty and.I.oca1
. are,promulgated At �:ebat time, thfs Imeti�_ A9:OZJ_ �n71 pe: .
reaioved ana tbe�new:staadardi w� be adopted a= DepaFtmegfal: � .
- . S.O.P:s and"signed 6jr the paitip; .
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� Approved: , '
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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 be made from
Captains who volunteer for the position. The selection of
the training officer will be made after volunteers have
submitted to a structured selection 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 three (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 assignment 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 the labor agreement, or civil service as
applicable.
Expectations for the assignment are as follows:
Volunteers for assignment must have completed at least one
(1) year of service in the position of Captain in the Auburn
Fire Department including probationary time.
Duties of the Captain so assigned will include, but not be
limited to:
1. Supervise and coordinate the Fire Department
Training Program.
2 . Conduct and/or supervise individual lessons on
assigned topics commensurate with the duties and
responsibilities firefighters are expected to perform.
3 . Develop lesson plans and supporting aids for the
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 the
training function. �
7. Manage the Department's occupational safety and
health program, to serve and be subject to callback
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 WISHA.
10. Evaluate all personnel, to ensure that they are
able to perform their assigned duties in a safe and
effective manner that 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 meet relevant
employee training standards and activities in support
of the Auburn Fire Service. .
The Captain so assigned as training officer will report to
the Fire Chief, or his designee, and receive the same
monthly salary and contractual benefits as does a day shift
Captain. The normal hours of work will be per Article IV,
Section 2 .
Approved:
Y'�Uv"t � • ' IN�er-- .i</� . �' �1�
Robert K. John on IAFF Local # 52
Fire Chief
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Date Da
MEMORANDUM OF .UNDERSTANDING
BY AND BETWEEN
THE CITY OF AUBURN
AND
FIRE FIGHTERS IACAL NO. 1352
Currently the position of "FF1C-Specialist" is a classified
civil service position, carrying a 2$ proficiency pay over
the base wage of FF1C. The job descriptions of the various
classifications are contained in the Civil Service Rules,
with the extensive performance standards for each
classification being held at the Fire Department.
It is in the best interests of both parties to govern the
day-to-day implementation of the activities of FF1C-
Specialists. In addition to the job descriptions and the
performance standards, the following guidelines will serve
' this purpose:
1. Members shall be appointed as FF1C-Specialist Trainee by
the Chief or his/her designee in accordance with the
!'Guidelines for Testing for Fire Fighter First Class -
Specialist Positions" referenced in Section 10 of this MOU.
2 . Members may be removed from the FF1C-Specialist class by
the Chief or his/her designee which may include but not be
limited to:
a) Inability to meet performance standards
b) Failure to respond with statistical regularity
c) Inability to achieve training goals
d) Changing staffing needs of the department
3 . Members who are appointed to a FF1C-Specialist position
will be expected to serve as a FF1C-Specialist Trainee until
training objectives and performance standards are ach'ieved:
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 durinq 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 . FF1C-Specialist classifications shall include the
following classes and numbers of inembers per team or
assignment:
A. Special Operations
1. Rescue Specialists . . . . . . . . . . . . . . 6
2 . HA2-MAT Specialists . . . . . . . . . . . . . 6
B. Shift Fire/Arson
1. Investigation Specialists . . . . . . . . . . 3
C. Public Information and Education
1. Shift P. I.E. Specialists . . . . . . . . . . . 3
2 . Public Information Officer . . . . . . . . . . 1
D. Shift Medical Specialists . . . . . . . . . . . . 3
E. Communications Specialists . . . . . . . . . . . . 1
F. Mechanic . . . . . . . . . . . . . . . . . . . . 1
G. Fire Inspector . . . . . . . . . . . . . . . . . 1
Total 25
Nothinq in the above stated numbers will preclude the Chief
or his/her designee from adding to or deleting from the
number of FF1C-Specialists in the Department based on
staffing needs.
5. FF1C-Specialists will be required to prepare and deliver
training classes each calendar year to all personnel. These
classes will be coordinated through the Training Division
and developed and delivered to wSFST/SARA standards.
A. Shift Medical Specialists would be exempted by virtue
of the requirement for them to be certified continuing
education instructors through KCEMS. Shift medical
specialists would teach required C.E. classes.
B. HAZ-MAT Specialists will be required to teach classes
each calendar year on their respective shifts to ensure 24
hours of annual HAZ-MAT training, per member.
C. Rescue Specialists would teach SCBA classes for the
department.
6. The Chief may appoint a FF1C as a Specialist based upon
specialized vocational skills that prove cost-effective and
in the best interests of the City of Auburn (i.e. , Mechanic,
Communications Specialist) .
7. Officers shall not be eligible to receive Specialist
class pay.
8. It is the intent to encourage the member to serve on the
team/assignment long enough to be of value as an effective
operating member of the team. Volunta_ry term'ination of the
member from a team/assignment will require prior approval of
the Chief or his/her des3gnee.
9. Guidelines for Testinu for Fire Fiahter First Class -
Snecialist Positions
1. Testing to fill vacancies in the Fire Fighter
Specialist positions shall be conducted under the direction
of the Chief of the Fire Department, "by the Joint
Apprenticeship and Training Committee (J.A.T. C. ) " .
2 . The J.A.T.C. shall ensure that the applicants for
Fire Fighter Specialist shall have a passing grade in an
examination for said position, conducted under the direction
of the Fire Chief by the J.A.T.C. The chief shall file the
results of the examination with the Auburn Civil Service
Commission's Secretary-Chief Examiner (per Rule 22) .
3 . To fill fire fighter Specialist vacancies, the
Officer-in-Charge (O. I .C. ) or Team Leader shall :
A. Submit a reguest to conduct a test to the Fire
Chief. The Chief will forward the requests for the
test to the J.A.T. C. with approval to conduct the test.
B. The O.I .C. or Team Leader shall appoint a member to
coordinate the conduct of an examination with a
designated member of the J.A.T.C.
C. All tests conducted under the authority of the
J.A.T.C. shall comply with Civil Service Rules (Rule
8) , Department Rules and Regulations and J.A.T.C.
requirements. It is the intent of the J.A.T.C. to
ensure that fair, impartial and documented tests are
conducted.
D. The appointed member seeking to fill a vacancy
shall provide the J.A.T.C. with a confidential
examination that meets the provisions of item 3C. The
appointed member shall ensure that the technical
aspects of the test are correct and the J.A.T.C.
coordinator shall . ensure compliance with item 3C.
E. Tests developed for use shall be kept in the
custody of the J.A.T.C. After testing is conducted,
individual 's tests shall be maintained by the J.A.T.C.
F. At least two members of the J.A.T.C. shall be
present and act as proctors during the conduct of al1
phases of the testing.
G. The appointed member and the J.A.T.C. coordinator
shall supply the Fire Chief with written test results
in ranking order. The Chief may authorize an
appointment after appropriate review.
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� 4 . . -Tlie 'J,.A::T::C.. welcomes waitten comments or
. . observations, to improve the inEent of ,fair' and impartial '�.' . . •�
=tesfing :on' behalf of the Auburn Fire Departm_.e_nt._ " `
:A_P.PROVALS:_. •
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Robert K. John ; Chief . ` Date- `'
Auburn':F-ire' De rtment . - =
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