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HomeMy WebLinkAboutSpecial 2019-12-09 Item 4 - Labor Agreement - 2020-2022 Collecitve Bargaining Agreement with IAFF Local 2088 for FirefightersCOUNCIL AGENDA SYNOPSIS izifials Mee/in e Dale I 'repared by Mayors rvi)iav Couiidl ivi)iem 12/09/19 JCP I # 4 TO E lk T191 fWTV 19 Z ITEM NO. Spec 4 ;PO NS()R: JUAN CARLOS PADILLA DXI'I,: 12/09/19 A(,,FINI)A I'YFINI TYlLF IAFF Local 2088 Labor Agreement 2020-2022 CA'I'F1(',()RY F-1 Discussion Alr� Dale F Molion Aftg Dale ❑ J�esolufion El Al/ Dale �9 ❑Ordinance F Al�g Daie F Bid Award All g 1)a/e ❑ Public Heai-in F �g Alg Dale ❑ 011,)er ARS Date S110NSOR E]Counczl E]-A4qyo), E]HlS ®DCD E]11'inance 0.11ire E]TS E]1)61-K []Police EjPlV E]Courl SPONSOR'S The current labor agreement with the IAFF Local 2088 expires on December 31, 2019. Summ,\Izy The City and Union have reached a tentative three-year agreement on a successor agreement for 2020-2022. RI,"V I I ' wl,'I) BY F C.O.W. mtg. E] CDN Comm ❑ hinance Comm. ❑ Public Safety Comm. FTrans &Infrastructure F-1 Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATF": C0MM1'1'1'l_,'E CHAIR: RECOMMENDATIONS: SP0NSoiz/Ai)�N11N. Administrative Services COST IMPACT / FUND SOURCE Ex i,j,"N 1) 1113 R I," RI,'1QUIItF11) AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 12/09/19 Informational Memorandum dated 12/09/19 Labor Contract Between IAFF 2088 and the City of TUkwila 2020-2022 City of Tukwila Allan Ekberg, Mayor TO: City Council FROM: Juan Padilla, Human Resources Director CC: Mayor Ekberg DATE: December 9, 2019 SUBJECT: IAFF Local 2088 Labor Agreement 2020-2022 ISSUE Consideration and approval of the IAFF labor agreement 2020-2022. BACKGROUND The current labor agreements with the IAFF Local 2088 expire on December 31, 2019.The City and Union have reached a tentative three-year agreement on a successor agreement for 2020- 2022. DISCUSSION The City and the Union have agreed to a wage increase equal to 6% for 2020, 100% CPI-W (June -June) for year 2021, and 2022. In addition, the City and Union have agreed to an employer contribution to each members MERP account in the amount of $75.00, per month. RECOMMENDATION The Council is being asked to consider and approve the contracts at the December 9, 2019, special meeting. ATTACHMENTS IAFF Labor Agreement 2020-2022 Rl M. 2020-2022 AGREEMENT BETWEEN CITY OF TUKWILA And FIREFIGHTERS LOCAL NO. 2088 This Agreement is entered into by and between the City of Tukwila, Washington, hereinafter referred to as the Employer and IAFF LOCAL 2088, International Association of Firefighters, hereinafter referred to as the Union. It is the purpose of this Agreement to achieve and maintain harmonious relations between the Employer and the Union to provide for equitable and peaceful adjustment of differences which may arise and to establish proper standards of wages, hours and other conditions of employment. Page 1 of 60 M. 2020-2022 LABOR AGREEMENT Between City of Tukwila and Firefighters Local No. 2088 STATUTORY RIGHTS/REGULATIONS ARTICLE 1 DISCRIMINATION 3 ARTICLE 2 DURATION 4 ARTICLE 3 MANAGEMENT RIGHTS 5 ARTICLE 4 RECOGNITION 6 ARTICLE 5 SAVINGS CLAUSE 7 ARTICLE 6 SUPPLEMENTAL AGREEMENTS 8 ARTICLE 7 UNION SECURITY 9 ARTICLE 8 WORK STOPPAGES 10 MONETARY COMPENSATION ARTICLE 9 ACTING PAY 11 ARTICLE 10 CLOTHING ALLOWANCE 12-13 ARTICLE I I EDUCATION ALLOWANCE 14-15 ARTICLE 12 HOLIDAYS 16 ARTICLE 13 HOURS OF WORK 17-19 ARTICLE 14 INSURANCE COVERAGE 20-22 ARTICLE 15 LONGEVITY 23 ARTICLE 16 ON -CALL PERSONNEL 24 ARTICLE 17 OVERTIME AND CALLBACK 25 ARTICLE 18 SUPPLEMENTAL PENSION PLAN 26 ARTICLE 19 WAGES 27-28 PAID LEAVE BENEFITS ARTICLE 20 MISCELLANEOUS LEAVE 29 ARTICLE 21 ILLNESS OR INJURY LEAVE 30-31 ARTICLE 22 JURY DUTY LEAVE 32 ARTICLE 23 UNION BUSINESS 33 ARTICLE 24 VACATION LEAVE 34-38 PERSONNEL POLICIES ARTICLE 25 DISCIPLINE & DISCHARGE 39-40 ARTICLE 26 DRUG AND ALCOIIOL TESTING 41-49 ARTICLE 27 GRIEVANCE PROCEDURE 50-52 ARTICLE 28 PROMOTIONS 53 ARTICLE 29 SAFETY 54 ARTICLE 30 SENIORITY 55 ARTICLE 31 STAND-IN 56 ARTICLE 32 SUBSISTENCE 57 ARTICLE 33 PHYSICAL FITNESS 58-59 ARTICLE 34 ACCRUED LEAVE CONVERSION Page 2 of 60 RE ARTICLE I - DISCRIMINATION The Employer and the Union agree not to discriminate against any employee by reason of membership or non -membership in the Union, race, religion, creed, color, national origin, age (over 40) veteran status, marital status, sex, sexual orientation, gender identity, political affiliation, the presence of a disability, or the use of a trained guide dog, or other legally protected class status. Any action that would not constitute discrimination under applicable statutes, regulations or case precedent will not constitute a violation of this contract provision. Page 3 of 60 RR ARTICLE 2 - DURATION This agreement shall become effective January 1, 2020 and shall remain in full force and effect through December 31, 2022. The parties agree that negotiations regarding a subsequent agreement shall commence as required by State statutes. Page 4 of 60 W. ARTICLE 3 - MANAGEMENT RIGHTS 3.1 The management of the Fire Department and the direction of the work force is vested exclusively with the Employer subject to the terms of the Agreement. The Union agrees that its members shall comply in full with Fire Department Rules and Regulations including those relating to conduct and work performance. It is further agreed that all matters not specifically and expressly covered by language of the Agreement may be administered for its duration by the Employer in accordance with such policies and procedures as it from time to time may determine. 3.2 To modify old work rules or to promulgate new work rules, the City shall: (1) notify the Union in writing thirty (30) calendar days before any such modification or promulgation, (2) the City shall meet and confer upon written request of the Union, at a mutually convenient time, and within the 30-day calendar notice period to discuss any proposed changes in the old work rules or the promulgation of new work rules, and (3) each party shall keep minutes of those meetings which shall be filed as official City Documents. If the modified or new work rule, regulation, or policy has not been through the process and is grieved, it shall be immediately removed from application and the status quo returned, retroactive to the date of implementation until the process contained herein is followed. 3.3 The Union recognizes the enumerated rights listed below are customary rights of management. The exercise of these rights will be consistent with the past collaborative working relationship of the parties, subject to the labor-management process available to the parties and bargaining rights that affect wages, hours and working conditions within the meaning of RCW 41.56. Rights reserved to management shall include, but not be limited to, the following: 3.3.1 Determine and change Fire Department budget, methods of operation, facilities and equipment. 3.3.2 Recruit, hire, layoff, promote, assign, appoint, discipline, discharge, or suspend employees in accordance with City of Tukwila Civil Service Rules and Regulations and the terms of this Agreement. 3.3.3 Determine number of personnel and the methods and processes by which work is to be performed. 3.3.4 Assign work and determine the duties to be performed by bargaining unit members. 3.3.5 Determine the need for additional education courses, training programs, on-the-job training, or class training, assign employees to such duties for periods to be determined by the Employer. 3.3.6 Take any temporary action as may be necessary to carry out the mission of the City and to deal with emergencies as declared by the Emergency Management Director, Mayor, County, Governor, or President. Page 5 of 60 RN ARTICLE 4 - RECOGNITION The Employer recognizes the Union as the exclusive bargaining agent for all represented uniformed employees of the Fire Department consistent with the Washington State Public Employment Relations Commission. Page 6 of 60 RM ARTICLE 5 - SAVINGS CLAUSE If any provision of the Agreement or the application of such provision should be rendered or declared invalid by any court action or by reason of any existing or subsequently enacted legislation, the remaining parts or portions of this Agreement shall remain in frill force and effect. Page 7 of 60 We ARTICLE 6 - SUPPLEMENTAL AGREEMENTS The parties agree that Supplemental Agreements will be incorporated into the collective bargaining agreement as an appendix once the documents are identified/verified/updated and agreed upon between the parties to this agreement. Agreement expressed herein in writing constitutes the entire agreement between the parties and no oral statement shall add to or supersede any of its provisions. The parties acknowledge that each had the unlimited right and opportunity to make demands and proposals with respect to any matter deemed a proper subject for collective bargaining. The results of the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Employer and the Union for the duration of this Agreement each voluntarily and unqualifiedly agree to waive the right to oblige the other party to bargain with respect to any subject unless mutually agreed otherwise. Should the City enter into a merger or consolidation agreement with another public fire department to provide fire department services historically performed by the Tukwila Fire Department, the City will meet and confer with the Union as to the impacts of such action on wages, hours and working conditions as may be required in Article 3. Page 8 of 60 ARTICLE 7 - UNION MEMBERSHIP AND DUES DEDUCTION Upon receipt of written authorization individually signed by a bargaining unit member, the City shall deduct from the pay of such member, the amount of union deductions as certified by an officer of the signatory organization and transmit the amount to the Union in a timely manner. The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders or judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Article, unless caused by the negligence of the Employer. Nothing in this article shall be construed as to require a member of the Tukwila Fire Department to join the Union as a condition of continued employment. Page 9 of 60 n ARTICLE 8 - WORK STOPPAGES The Union agrees that there shall be no strikes, slowdowns, stoppages of work or any interference with the efficient operation of the Tire Department for the duration of this Agreement. The Employer agrees that there shall be no lockout of the employees. Any or all employees who violate any of the provisions of this article may be discharged or otherwise disciplined. Page 10 of 60 92 ARTICLE 9 - ACTING PAY Each employee who is assigned to work out of classification in a higher rank (such as Acting Captain) for four (4) or more hours on any shift: shall be paid at the rate of pay of the higher rank for all hours worked out of classification during that shift. The difference between the employee's usual hourly pay rate and that of the higher rank shall be termed "Acting Pay." Any employee who is assigned to work in a higher rank during a period for which the employee is eligible for overtime shall receive the acting pay differential as outlined above in addition to his/her overtime pay. For the purpose of temporary and provisional appointments as defined by City of Tukwila Civil Service Rules, all compensated hours shall be paid at the pay rate/scale of the temporary or provisional appointment for the duration of the temporary or provisional appointment. While temporarily or provisionally appointed to a higher rank, the appointed member shall not be eligible for shift overtime at any lower rank to which he/she is temporarily or provisionally appointed. For the purpose of department and shift staffing, the appointed member is assigned to temporarily fill a "hard bar" position. Page 11 of 60 93 ARTICLE 10 - CLOTHING ALLOWANCE The City will select and manage a uniform service account, and pay said account/contract directly to the vendor. All regular shift employees shall receive $330 annual clothing allowance, prorated to the upcoming January. Non -shift (day) personnel shall receive $500 annually as a clothing allowance, paid by the end of January for the current year. The union and city will meet to agree upon a schedule for replacement of approved items. Replacement shall occur within a timely mamler, based on availability of item and fiends, once the employee receives the uniform allowance. Newly lured employees shall have all initial required uniforms (referenced below) provided by the City. City agrees to provide required clothing for academy. It is the employee's responsibility to maintain and replace the uniforms as needed (excluding "C" pants and shirts). In the event the employee voluntarily separates service with the City prior to completing two years, the cost of initial uniforms shall be deducted from his/her final paycheck. Any addition or deletion of the uniform requirements or a uniform change that will change the uniform expense needs will be negotiated. All protective clothing or protective devices required of employees shall be furnished by the Employer as per Fire Department policies. For any employees newly hired that results in an increase in the total number of employees covered by the uniform/cleaning "service", the City will increase the contribution pro -rated from the date(s) of hire. Initial Required Uniform 1 - Class "A" uniform (to include the white long sleeve shirt and collar insignia) 1 - Complete Class "C" uniform pant and shirt 1 - Coveralls 1 - Belt 1 - Pair Shoe/Boots 1 - Paramedic style coat 1 - Tie 4 - Department T-shirts 2 - Department sweat shirts 1 - Ball cap Note: Additional Class "C" uniforms shall be provided by the uniform "service". Style/manufacturer shall be according to department policy. Page 12 of 60 For administrative and information purposes, approved Uniform items are as follows: Uniform Item Quantity Service Years "C" Coat 1 10 Boots 1 pair 2 T Shirts 6 2 Belt 2 10 Ball Ca 1 3 Watch Cap 1 5 Sweatshirt 2 3 Class "A" Collared Shirt 1 1 10 Class "A" Uniform 120 Page 13 of 60 95 ARTICLE 11 - EDUCATION ALLOWANCE 11.1 Training The Union and Employer recognize the value of training and continuing education for employees, subject to budgetary limitations. The Union recognizes the prerogative of the Fire Administration to educate and train employees for assignment in all functional areas delegated to the Fire Department. 11.2 Education Allowance The Employer shall budget a total of $300 per year per union member into a pool for educational purposes for those union members employed as of January 1 each year. Any amount remaining as of December 31 shall revert back to the Employer. 11.3 Education Reimbursement From this educational allowance members shall be reimbursed for: 11.3.1 All Fire Service college courses and Fire Service degree course requirements in an approved field of study, for registration and required books. Reimbursements shall be given upon successful completion (to be defined as at least a C grade of a 2.0 point on a 4.0 grade point scale) of Fire Service college courses and Fire Service Degree course requirements. 11.3.2 Approved Fields of Study: Fire Science Fire Command Administration Fire Technology Fire Inspection Public Administration Business Administration Or any field of study beneficial to the Fire Department and approved by the Fire Chief. 11.3.3 Advance prepayment will be made by the Employer when requested by the employee for Tukwila Fire Service related classes, seminars and non -credited classes. Documentation will be submitted to the Employer, by the employee requesting the advance, for verification of the class prior to attendance and verification of successful completion following the class. 11.3.4 Reimbursement up to forty dollars ($40.00) of the above allowance per year will be made for Tukwila Fire Service related classes, seminars and non -credited classes. Documentation for Fire Service related books that are: non -fictional, instructional, and job related, subject to the approval of the Chief or Training Officer. Page 14 of 60 Reimbursement procedures will be as established by the Employer. 11.4 When the shift is above minimum staffing, employees may attend pre -approved college classes while on duty with the prior written approval of the the Fire Chief or designee. Page 15 of 60 97 ARTICLE 12 - HOLIDAYS In lieu of Holidays, twenty-four (24) hour shift personnel shall receive regular rate of pay. Such payment shall be one hundred twenty (120) hours regular rate of pay. Such payment shall be made with the November end -of -the -month pay check of each year and pro -rated for new or terminating employees. Non -shift personnel shall receive the following holidays off with pay, plus two floating holiday, chosen by the employee, given 14 days notice. January 1 New Year's Day 3rd Monday in January Martin Luther King's Birthday 3rd Monday in February President's Day Last Monday in May Memorial Day July 4 Independence Day 1 st Monday in September Labor Day November 11 Veteran's Day 4th Thursday in November Thanksgiving Day 4th Friday in November Day after Thanksgiving Day December 25 Christmas Floating Holiday - #1 for non -shift personnel Floating Holiday - #2 for non -shift personnel During the week of an official City recognized holiday, non -shift employee's may work a standard, 5-day, 8-hour work schedule for the week (which includes the 8-hour paid holiday), or use accrued comp time or vacation leave to make up the difference for the 8-hour holiday and their regular work -day. Page 16 of 60 ARTICLE 13 - HOURS OF WORK 13.1 The probationary firefighters upon successful completion of the probationary training period shall be assigned to a 24-hour shift, unless an additional period to be used for further training is deemed necessary by the Fire Administration, Training Captain and the President of the Union. The normal work schedule for probationary firefighters during the initial 12-16 week training period will be forty (40) hours per week. The work period for FLSA purposes for firefighters working forty (40) hours per week shall be 28 days. Newly hired personnel shall not accrue a Kelly Day during any FLSA period where they did not work the entire FLSA period on a 24 hour shift. For recruit employees , their probation shall extend one year (365 days) from their date of hire. 13.2 The normal schedule for shift personnel shall be a 24 hour shift on, followed by a second 24 hour shift on, followed by 96 hours off, on a repeating schedule. Twenty-four (24) hour shift personnel shall accrue fourteen (14) shifts off (Kelly Days) from this schedule which will result in a normal schedule of 2584 hours per year. Kelly Days for shift personnel shall be limited to FOURTEEN shift selections per year. Safe and effective delivery of service is the highest priority of the Tukwila Fire Department. To that end, if night calls or sleep interruptions cause crew fatigue, the Battalion Chief may adjust the work schedule for the work day of the second shift of the 48 hour work cycle. The work period under the 48/96 schedule, for FLSA purposes, shall be twenty four (24) days for shift personnel. 13.3 Between November lst and 30t" of each calendar year, each employee shall choose Kelly Days from those FLSA periods that occur from the start of the first FLSA period that begins in January through the end of the FLSA period that immediately precedes the first FLSA period that begins in the following January of the following year. During annual Kelly Day selection, each employee shall choose fourteen (14) Kelly Days. Each employee assigned to the 48/96 schedule shall select either a Kelly Day or Vacation Day (see Article 24) for each and every FLSA period. If an employee does not have any vacation leave available to select for a vacant FLSA period, A Kelly Day that the employee has selected shall be split into two twelve hour segments, at the discretion of the Fire Chief, with twelve hours assigned to the Kelly Day date that the employee had chosen, and the other twelve hours to be assigned by the Fire Chief to the vacant FLSA period. The second twelve hours shall be assigned by the Fire Chief according to the needs of the Department. Kelly Day selections will be performed by seniority per shift. The firefighter with the most seniority on the shift shall select his/her Kelly Days first, followed by the next most senior firefighter until all shift firefighters have made their selections. If the senior person has no preference of Kelly Days, the next senior firefighter shall pick his/her Kelly Days. This process shall continue until each member of a shift has had the opportunity to schedule their Kelly Days. Should Page 17 of 60 we any member of a shift fail to choose their Kelly Days and turn it into the shift Battalion Chief, the Battalion Chief and the Fire Chief, or his/her representative, will jointly assign the Kelly Day(s) for the individual(s). Each Battalion Chief shall be responsible for delivering all of his/her shift's Kelly Day leave requests (TFD Form 195 A/B/C) to the Fire Chief or his/her representative prior to 1700 hours on November 30. (to line up with practice) No Kelly Day(s) shall be changed once submitted to the administration, except by Kelly Day exchange. No employee may schedule more than one (1) Kelly Day per FLSA period. This article shall limit annual leave and Kelly Days to four (4) shift personnel off at one time per shift. No more than two (2) fire suppression officers on the same shift shall be scheduled off on that same day. However, under conditions defined by the Chief in Tukwila Fire Department Policy 01.08.04, the Chief shall determine whether three (3) officers may be scheduled off. No more than two vacation days may be scheduled per shift prior to Kelly Day selection for that month. 13.4 The non -shift personnel shall work forty (40) hours per week, exclusive of lunch time, Except for emergencies, these hours shall be worked between Monday - Friday, excluding weekends, unless, mutually agreed upon by the employee and the Employer. All non -shift personnel will continue to be allowed to leave their work station during scheduled work hours for the purpose of a non -paid meal break. Emergency call back to duty by the employee's supervisor during the employee's scheduled meal break shall be compensated by (1) adjusting the employee's schedule that day or the following work day, or (2) payment of time worked, at the option of the employee. 13.5 Nothing in this article shall prohibit the Employer and any employee from reaching mutual agreement on a modified work schedule which will be most advantageous in the completion of special assignments. 13.6 Special assignments by the employer are subject to the following limitations: 13.6.1 An employee shall not be required to perform more than twelve (12) weeks of special assignment within any twelve (12) month period, and limited to one continuous period of time. The period may be extended by mutual agreement as necessary to complete the project. 13.6.2 Special assignments shall be directly related to Fire Department activities and responsibilities. 13.6.3 The non -shift personnel shall work (forty) 40 hours per week, exclusive of lunch time. These hours shall be worked between Monday - Friday, excluding weekends, unless mutually agreed upon by the employee and the employer. 13.6.4 The employee shall not be detrimented regarding vacation, holidays etc., as a result of special assignment. An employee is not detrimented if, while on special assignment, he/she receives a holiday off in lieu of Holiday Pay for that holiday. Page 18 of 60 13.6.5 Unless unusual circumstances requiring special skill sets dictate otherwise, the Fire Chief will seek volunteers to perform a special assignment. If no one volunteers who is qualified in the Fire Chief s discretion, the Chief will select an employee for the special assignment. The Fire Chief will exercise his/her discretion in a fair manner. 13.6.6 The Employer will notify the Union regarding nonstandard or modified work schedules arrived at by mutual agreement between the Employer and employee. The purpose of such notification is to assure that such work schedule deviations are not otherwise contrary to the terms of this agreement. 13.6.7 "Light Duty" is a special assignment that may be used by the Employer when an employee is unable to return to full duty from a medical leave. Sections 13.6.1 and 13.6.5 do not apply to Light Duty. If a light duty assignment is made available, the Chief will determine the length of the assignment, which shall be subject to the approval of the employee's treating physician, not to exceed six months. This is subject to applicable state and federal law, including RCW 41.04.515 and RCW 41.04.520. 13.7 Normal work hours for shift personnel (except for Battalion Chiefs) shall be from 0800 to 1700 and 0700 to 0800 hours Sunday through Saturday. Normal work hours for Battalion Chiefs shall be 0730-1700 and 0700-0730, Sunday through Saturday. The normal work hours will include one hour for hunch, two fifteen minute breaks and one hour of physical fitness training. The hours between 1700 and 0700 shall be considered, with the exception of night drills, night inspections, and activities necessary to emergency preparedness, "Emergency Standby" time for the purpose of emergency response. Upon the direction of Fire Chief, a night drill may include occasional public relations appearances, public education events, or other activities benefiting the Fire Department and the public. New Year's Day, Thanksgiving and Christmas will be "Emergency Standby" days after all work, including scheduled drills, is completed. 13.8 Adjustment to Normal Work Hours. The 48/96 Schedule is agreed to be productivity neutral regarding shift: members' work hours. To that end, Management and Labor will monitor the impact of the schedule on shift productivity and work hours. After consultation with Labor, the Fire Chief may set policy to adjust hours of work so that the new schedule does not reduce net work hours or net productivity. 13.9 Other Assignments: If deemed by a treating physician that an accommodation is needed for an employee who may be temporarily incapacitated to perform the essential functions of their position, a light duty assignment may be approved by the Chief or their designee who will determine the length of the assignment, not to exceed six months. Page 19 of 60 ARTICLE 14 - INSURANCE COVERAGE 14.1 Medical Insurance 14.1.1 City of Tukwila Self -Insured Medical Plan - Except as otherwise provided in this Article, the Employer shall contribute the premiums necessary to purchase medical care insurance for each full-time employee and his/her dependents under the City of Tukwila's Self -insured Medical Plan 14.1.2 Kaiser Permanente - For employees who elect medical coverage through Kaiser Permanente , the Employer shall pay up to the maximum dollar amount contribution of the Self -Insured Plan for employee and dependent coverage. Any premiums in excess of the Employer's contribution shall be paid by the individual through payroll deduction. Coverage under the Kaiser Permanente Plan shall be as determined by Kaiser Permanente Cooperative. 14.1.3 Effective on the date of signing, the Employer shall continue to pay the full premium up to a maximum increase of eight percent (8%) a year, necessary to purchase medical insurance for each full-time employee, and his/her eligible dependents under the City of Tukwila's Self - Insured Medical Plan. In the event the premiums increase more than 8% annually, the City's healthcare committee will meet to discuss proposed benefit plan design changes to the Self - Insured Medical plan so that the increase in the premium costs does not exceed the eight percent (8%). 14.2 DENTAL - Dental coverage will be maintained for all employees and their- dependents during the term of this Agreement under the City of Tukwila self -insured plan or its replacement. All employees under this contract shall be required to participate. The cost for such plan shall be borne on the following basis: The Employer will contribute 100% of the total premium for this coverage. 14.3 VISION - Eye glasses/contact lenses for all employees and their dependents covered under this Agreement will be paid for by the Employer on a reimbursable basis. The coverage shall be limited to $500 per calendar year. 14.4 LIFE INSURANCE - The City will provide and pay one hundred percent (100%) of the prerniu m costs of a twenty-five thousand dollar ($25,000) life insurance policy (presently in force) on all employees covered under this Agreement. 14.5 The City retains the right to select all insurance carriers, providing the coverage set forth in this article, or alternatively to self -insure medical, dental and optical coverage as provided herein. The City agrees to consider alternative carriers and plans as may be suggested by the Union. 14.6 Medical Expense Reimbursement Plan (MERP) Benefit Trust The Union has requested of the Employer to become a part of the Washington State Council of Page 20 of 60 102 Firefighters Employee Benefit Trust, hereinafter referred to as ("WSCFF-EBT"), and to contribute to the Medical Expense Reimbursement Plan, hereinafter referred to as ("MERP"). The MERP is designed to provide a vehicle for members of the Union to pre -fund retiree health coverage and to provide reimbursement for medical expenses on a pre-tax basis. The City retains the right to select all insurance carriers provided herein, and agrees to consider alternative carriers as may be suggested by the Union. Therefore, the Employer considers the WSCFF-EBT as an alternative carrier under Section 5 of the Agreement, and agrees that: 14.6.1 The Union has entered into and signed a joinder agreement with the WSCFF-EBT, to provide the membership with a MERP. In compliance with IRS regulations, all members of the Union must participate, as the plan does not provide for individual election. 14.6.2 The Union will provide the Employer with a copies of the following: signed joinder agreement, master application, summary of plan benefits wick details the provision of the MERP, and all Union members' Premium Reimbursement Plan election forms authorizing payroll deduction, as well as copies of any other documents the Employer may need to facilitate Union participation in the MERP. 14.6.3 The employees, acting jointly through their Union agree that the Employer shall make monthly contributions on a pre-tax basis in the amount of One Hunderd and Fifty and no/100 Dollars ($150.00 US) from the base salary of each employee in the Union to the WSCFF- EBT. 14.6.4 The Employer agrees to add an Employer contribution of Seventy Five and no/100 Dollars ($75.00 US), to each member's MERP. These finds will be deposited monthly into each member's WSCFF-EBT (MERP) Account. 14.6.5 Such contributions shall be included as base salary for the purpose of calculating retirement benefits. 14.6.6 The Employer shall be obligated for payment of contributions in the amount provided above, by the twentieth (20) of every month for that month's contribution. The Employer and Union will cooperate with the WSCFF-EBT and its Trustee(s) in facilitating or allowing any payroll audit. 14.6.7 The WSCFF-EBT shall remain separate and apart from any Employer retiree health insurance funding program unless changed by mutual agreement of the parties to the Agreement. The Union shall unilaterally have the option to adjust the contribution rate provided the Employer is given written notice sixty (60) days in advance of any rate adjustment. 14.6.8 If any employee severs employment with the Employer prior to the twentieth of the month, the Employer's monthly contribution amount for that employee will be withheld and Page 21 of 60 submitted to the WSCFF-EBT as outlined in this MOU, and the Employer's monthly contributions will thereafter cease for those employees separated from City service for whatever reason. 14.6.9 Once contributions have been distributed by the Employer to the WSCFF-EBT, the Employer is released from any and all liability related to the handling of such contributions by the Union, the WSCFF-EBT and/or its Trustee(s), agents, employees, contractors, successors and assigns. 14.6.10 The Union warrants the WSCFF-EBT is established in accordance with applicable federal, state and IRS laws and that the Employer shall have no farther obligation hereunder in the event this warrant is materially breached. 14.6.10 The above sets forth the intent of the parties, and may be modified or terminated upon thirty (30) days written notice to the other party. Page 22 of 60 ARTICLE 15 - LONGEVITY During the term of the agreement, the longevity pay rates shall be as follows after the completion of the number of years of frill time employment with the City set forth below: Completion of 5 years 2.0% of First Class Firefighter Base Wage Completion of 10 years 3.5% of First Class Firefighter Base Wage Completion of 15 years 5.0% of First Class Firefighter Base Wage Completion of 20 years 6.5% of First Class Firefighter Base Wage Completion of 25 years 8.0% of First Class Firefighter Base Wage Page 23 of 60 ARTICLE 16 - ON -CALL PERSONNEL 16.1 Certified officers (fire investigators or other positions as determined by the Chief) personnel when off duty shall be on call and available to respond to emergency incidents and other official events when assigned by the Chief after consultation with the qualified individual(s). The Fire Chief retains right to determine on call assignments and qualifications (including certifications) required. 16.1.1 The hourly rate for compensation of standby time shall be 10% and calculated on the employee's base hourly rate. 16.1.2 On -call personnel shall be compensated at the rate of time and one-half their base hourly rate for responses from the time of call -out until they return to their primary residence, or until the start of their next scheduled workday, whichever occurs first. 16.1.3 If the on -call position is normally held by a member of higher rank, and if the official job description for that position reflects that regularly assigned members shall be of a higher rank, then the on -call member shall be compensated according to Article 9, Acting Pay, for all time worked as defined by paragraph 16.1.2. 16.2 The on -duty member shall maintain a reasonable response time which shall not be more than the average travel time from his/her residence during his/her duty week. Either a fire department vehicle or mileage reimbursement (at current City rates) will be provided. 16.3 Nothing in this article will prevent the Employer from utilizing qualified twenty-four (24) hour shift personnel already on scene to perform those functions necessary to begin/conduct fire investigations prior to fire prevention personnel arrival. A committee headed by the Fire Marshal shall determine who is "qualified". 16.4 This article will not be used to determine promotional eligibility nor as a requirement for assignment for fire prevention due to possible lengthy response times. Page 24 of 60 ARTICLE 17 - OVERTIME AND CALLBACK Bargaining unit overtime work required and authorized by the Employer for personnel shall be compensated for in cash at the rate of one -and -one-half times (1-1/2) the regular rate of pay. Entry level probationary employees are only eligible for overtime as a result of shift extension and such specialized training as E.M.T. training, practice house burns, or such training as approved by the Fire Chief. Entry level probationary employees are not eligible for overtime and callback as described in paragraphs 17.1 — 17.4 below. In the first three (3) months of employment, lateral entry probationary employees shall not be eligible for overtime and callback as described in paragraphs 17.1 — 17.4 D below, but shall be eligible for overtime as a result of shift extension and for approved training. 17.1 In event that such overtime is not the beginning of or extension of a regularly scheduled shift, a minimum of two hours payment shall be made when personnel are called back. 17.2 Replacements for employees off on Union business pursuant to the provisions of Article 23(B) shall be compensated at their straight time hourly rate. 17.3 All eligible persomnel who respond to a call after being dispatched by Valley Com by means of a fire department approved contact device will receive a minimum of two (2) hours at one -and -one-half (1-1/2) the straight time rate. 17.4 The maintenance of the overtime list shall be the responsibility of the Union. All contractual overtime pay earned during the pay period will be paid to the employee with his/her pay check for that period, provided the overtime sheet is submitted during that pay period. All FLSA overtime will be paid no later than 35 days after the FLSA period has ended. Page 25 of 60 ARTICLE I8 - SUPPLEMENTAL PENSION PLAN In addition to its legal obligations to implement the provision of the Federal Insurance Contribution Act to the extent applicable to employees, the City will make certain payments to or on behalf of employees in the nature of a supplemental pension plan. Payments shall be made to the individual or to a city -sponsored deferred compensation plan, as the employee elects. 18.1 For employees hired prior to April 1, 1986, the City will pay the percentage, applied to eligible gross, pay equivalent to the employer's FICA social security tax (currently 6.20%) and FICA hospital tax (currently 1.45%) for a total of 7.65% under current law. 18.2 For employees hired after March 31, 1986, the City will pay the percentage, applied to eligible gross pay, equivalent to the employer's social security tax (currently 6.20%). The percentage will include the FICA hospital insurance tax (currently 1.45%) if and when the FICA law changes such that the City need not, and does not, make the employer's FICA hospital insurance tax contribution on account of the employee (NOTE: The characterization of an employee as hired "prior to April 1, 1986" or "after March 31, 1986" shall be based on FICA law.) 18.3 Eligible gross pay, for purpose of this article, means that amount and those types of pay which would, as a matter of law, be subject to the FICA social security tax if the employee were included in, rather than excluded from, FICA social security tax coverage. Eligible gross pay shall exclude payments made under this article. 18.4 In recognition of the contingency that employees in the future may be subject to the FICA social security tax, the parties further agree that any such employees will not be entitled to any City payments under this article. 18.5 In the event the FICA law is hereafter restructured [other than in terms of the rate(s) of contributions or as contemplated in 18.4, above], this article shall be subject to reopening at the request of either the City or IAFF Local #2088. Page 26 of 60 1: ARTICLE 19 - WAGES The following monthly wage rates shall be in effect throughout the term of this agreement: 19.1 The following Wage Differentials are hereby established: 19.2 19.3 19.4 Probationary Firefighter 80% 3rd Class Firefighter 85% 2nd Class Firefighter 90% 1 st Class Firefighter 100% Captain 115% Battalion Chief 130% The following General Wage Adjustments shall apply: Effective 1/1/20 6.0% Effective 1/1/21 100% CPI-W (June to June) Effective 1/1/22 100% CPI-W (June to June) Fire Department Title % 1/1/20 1/1/21 1/1/22 6.0% 100% CPI-W 100% CPI-W Probationary Firefighter 80% 6594 3r6 Class Firefighter 85% 7006 2°d Class Firefighter 90% 7418 I" Class Firefighter 100% 8242 Captain 115% 9478 Battalion Chief 130% 10715 For recruit employees, their probation shall extend one year (365 days) from their date of hire. Non -Shift Personnel shall receive the following wage differentials: 1st Class Firefighter/Inspector (One -Year Rotation Assignment)* 105% *The Job Description and requirements of a Firefighter/Inspector will be submitted in due course, as funding becomes available. A selection process shall also be established. Captain/Deputy Fire Marshal — Captain/Training BC/Fire Marshal — BC/Emergency Manager 120% 135% A minimum two (2) year commitment on day shift training assignment and a minimum three (3) year commitment day shift fire prevention/emergency management) shall apply to all bargaining unit members who shall transition to day shift assignments. Day shift employees shall transition back to the 24 hour shift after 2 years in training or 3 years in fire prevention/emergency management, upon the opening of a vacancy on the 24 hour shift. If no opening occurs upon completion of 2 years years in training or 3 years in fire prevention/emergency management, the Page 27 of 60 MH employee may return to the 24 hour shift schedule at the completion of the third year in training or fourth year in fire prevention/emergency management. If the day shift position must then be filled with a mandatory assignment, the Chief and the Union shall negotiate the selection process. Page 28 of 60 M ARTICLE 20 - MISCELLANEOUS LEAVE 20.1 BEREAVEMENT LEAVE - In the event of a death in the immediate fancily of an employee, the employee shall be granted up to two (2) shifts running consecutively (or three (3) days in the case of forty (40) hour personnel) with pay. An additional one (1) shift for twenty-four (24) hour shift personnel and two (2) days for day personnel may be approved and charged (as requested) to the employee's accrued leave for out-of-state travel. Approval of such leave will not be unreasonably withheld. Additional shifts or days may be approved and charged to accrued leave, at the sole discretion of the Fire Chief or his/her designee. Immediate family for purposes of this section is defined as: Spouse, domestic partner, son, daughter, son-in-law, daughter-in-law, mother, father, brother, sister, grandchildren, grandparents of the employee, and son, daughter, mother, father, sister, brother, grandparents and grandchildren of the employee's spouse, or domestic partner. 20.2 FAMILY LEAVE - Available to employees as provided for under RCW 49.12 (Family Care); RCW 49.78 (Washington Family Leave Law); 29 CFR Part 825 (Federal Family and Medical Leave Act); and City and department policies and procedures. Employees shall be allowed to use sick leave or other paid time off to attend to the illness or health condition of immediate family members (i.e., a child, spouse, domestic partner, parent, parent -in- law, or grandparent of the employee) in accordance with Federal and State Law. Page 29 of 60 In ARTICLE 21 - ILLNESS OR INJURY LEAVE Each employee incurring an illness or injury shall receive sick leave benefits computed on the following basis: 21.1 LEOFF II employees shall be credited upon employment with sick leave benefits under this article as follows: 24-hour shift employees 3 shifts Non -shift employees 3 days Upon completion of six (6) months service with the City, the employee shall be credited with additional sick leave under this article as follows: 24-hour shift employees 3 shifts Non -shift employees 3 days Additional sick leave benefits shall then accrue at the rate of twenty-four (24) hours per month to a total carryover of 1224 hours for 24 hour shift personnel; and eight (8) hours per month to a total carryover of 1008 hours for non -shift personnel. A twenty-five percent (25%) sick leave buyout shall be available to bargaining unit members upon separation for retirement or duty -connected disability. Employees who exceed the carryover limit (24-hour shift employees 1224 hours, Non -Shift employees 1008 hours), will receive a payout equivalent to 25% of any unused balance over the carryover limit as of December 31 st. This payment will be paid out on the first pay period of the following year. The rate that will be used for the payment is the regular rate of pay in effect on January 1 of the current year. Bargaining unit members utilizing sick leave may voluntarily re -bank sick leave by working a shift on a fixture date, that would negate the need for the Department to hire back and pay overtime to replace other members of the bargaining unit off shift due to illness, injury or vacation shifts. The protocols will be established by the Fire Chief, or designee. An example follows: Employees may volunteer to be put on a "Debit Days" list to fill vacancies which would cause shifts to fall below minimum staffing. Hours worked by one employee shall not exceed the number ofsick leave hours used by that employee over the past 12 months. Employees that volunteer to work a 24 hour debit will get 36 hours credited to sick leave. The Fire Chief will work with the Union on procedures for the adminish-ation of the "Debit List ". 21.2 The Chief may, at his discretion and for good cause, require an employee to obtain certification of injury or illness from a physician (or other bona -fide Healthcare practitioner) before the employee is paid for such illness. 21.3 In any case where an employee is entitled to benefits or payments under the Workers' Compensation Act, or subsequent legislation, the employee shall file for such benefits immediately after an absence involving three (3) frill or partial shifts for twenty-four (24) hour shift personnel and three (3) full Page 30 of 60 112 days, or any part thereof, for non -shift personnel, as a result of the same on the job injury or illness. The Employer shall deduct one-half (1/2) of the amount of disability leave supplement from the employee's accrued but unused sick leave as provided in RCW 41.04.510 in order to pay the difference between the benefits and payments received under such Act by such employee and the regular base monthly salary the employee would have received from the Employer if able to work. Employee's contribution will be deducted from their accrued sick leave until such sick leave is expended, or up to a maximum of eight (8) months from the date of injury, whichever occurs first, except as otherwise provided herein. The employee agrees to return to the City of Tukwila Finance Department within seven (7) days, any fiords received connected with Workers' Compensation, or subsequent legislation, as long as they are maintained as a City employee. Refusal to return said finds shall be grounds for discharge and recoupment. In no way shall an employee be able to combine City or State provided fields to exceed his/her regular base wages while on disability. While on a work related disability, the employee shall continue to receive benefits as established by the collective bargaining agreement, up to a maximum of eight (8) months from the date of the injury or illness. The employee shall provide a monthly report from his/her physician on the status of his/her illness or injury, with prognosis on his/her availability to return to work. Subject to any return rights or limitations thereon which may exist as a matter of law, an employee who separates from City employment due to a work related illness or injury shall be eligible to return to work as a firefighter, if a position is available, under the following conditions: • He/she must be released as rehabilitated by Labor and Industries. • He/she must be able to pass a departmental medical examination. • He/she must be able to perform the essential job functions. The parties do not intend that the operation of Section 21.5 will result in an unreasonable termination of employment, such as in the case of an employee who has medical prognosis of being able to return to duty within a reasonable period of time after expiration of the eight (8) month period. 21.4 Any employee who is injured on or off the job and is deemed to be without prognosis of returning to work, may have their employment with the City terminated after six (6) consecutive months leave from active work status due to the employee's inability to perform the essential job requirements, in accordance with applicable law pertaining to illness and injury leave. This provision shall take effect upon signing of this Agreement by both parties. Page 31 of 60 M ARTICLE 22 - JURY DUTY LEAVE An employee who is required to serve on a jury shall be allowed authorized leave with pay, less any amount received for such service. The employee shall be placed on or will remain on a forty (40) hour work week, after being selected for a jury, and shall remain so for such time as an employee is required to remain at the disposal of the Court. An employee released by the Court from jury duty on any given day shall immediately notify the operations chief for assignment to work. An employee, who as a result of official Tukwila Tire Department business, is required to appear before a court, legislative committee or quasi-judicial body as a witness in response to a subpoena or directive, shall be granted time off with pay when on duty and pay at the rate of time and one-half when off duty. Page 32 of 60 ARTICLE 23 - UNION BUSINESS 23.1 Elected Union officials or substitutes appointed by the Union shall be granted reasonable time off with pay for the purpose of attending labor only conventions, conferences and seminars provided that advance notification of the necessity for such time off is provided to the Fire Chief, in writing, and further, the Union official or substitute shall provide a replacement through the trading of shifts to insure minimum staffing. 23.2 Reasonable time off with pay shall be granted elected Union officials or substitutes appointed by the Union for the purpose of administering this agreement as well as to attend labor/management relations training conferences open to both labor and management, subject to the following conditions: 23.2.1. The City shall pay the required replacement, to maintain minimum staffing levels, at their straight time hourly rate, for up to three (3) shifts total per year. 23.2.2. Replacements required to maintain minimum staffing levels beyond the initial three shifts will be provided and paid for by the Union. The Employer reserves the right to disallow such time off, should the Union fail to provide a replacement. 23.3 Negotiations shall normally be held at a mutually agreeable location at mutually agreed times. Fire Fighters on the negotiations team who are scheduled for duty (limit of three) may conduct negotiations with Employer representatives, while in an out -of -service status, without loss of pay, provided such release time does not result in added costs to the Employer. Otherwise, any negotiations team member in a scheduled meeting with the Employer during duty time shall be in an in-service, on -duty status. After normal work hours, pre -negotiation activities will be allowed as long as there is no interference with drills or work duties. 23.4 Firefighters on duty at outlying stations shall be allowed to attend regularly scheduled monthly meetings of IAFF Local No. 2088. They shall be allowed to attend special meetings when it does not interfere with work duties or drill, as determined by the Fire Chief. The meetings of IAFF Local No. 2088 will be held at the Fire Station, or a central point in the City with prior approval of the Fire Chief. Page 33 of 60 ARTICLE 24 - VACATION LEAVE 24.1 Vacation Accrual Schedule SHIFT EMPLOYEE ACCRUES Year Per Per Month Per Year 1* Pay Period 96 2 5 10 120 3 6 12 144 4 7 14 168 5 7 14 168 6 8 16 192 7 8 16 192 8 8 16 192 9 9 18 216 10 10 20 240 11 10 20 240 12 10 20 240 13 10 20 240 14 11 22 264 15 11 22 264 16 11 22 264 17 11 22 264 18 12 24 288 19 12 24 288 12 24 288 E 12 24 288 13 26 312 *Accrued at end of year 1; available after Probation DAY EMPLOYEE ACCRUES Year Per Per Month Per Year 1** Pay Period 96 2 4 8 96 3 4 8 96 4 4 8 96 5 4.34 8.68 104 6 4.67 9.33 112 7 5 10 120 8 5.34 10.68 128 9 5.67 11.33 136 10 6.67 13.33 160 11 6.67 13.33 160 12 7 14 168 13 7.34 14.68 176 14 7.34 15.33 184 15 8.34 16.68 200 16 8.34 16.68 200 17 8.34 1 16.68 200 18 8.34 16.68 200 19 8.34 16.68 200 20 8.67 17.33 208 21 8.67 17.33 208 22 8.67 17.33 208 23 8.67 17.33 208 24 8.67 17.33 208 25+ 9 18 216 **At Anniversary Date 24.2 Personnel assigned to any other than the 24-hour shift may take vacation leave in minimum amounts of two hours. 24.3 Upon termination from City employment, an employee shall be paid casli at the normal rate of pay for his/her unused vacation, provided permanent status has been attained; provided: the employee shall not be paid out more than two (2) years accrued vacation in any case. 24.4 No more than two (2) vacation days may be scheduled per shift prior to Kelly Day selection. 24.5 Personnel may accumulate up to two (2) years accrued vacation. Exception: If an employee had scheduled as many as two (2) work cycles or less vacation and then was unable to take such vacation due to serious illness/injury, the employee may exceed the above maximum by that amount with the understanding that (1) the employee will bring their vacation balance within the two (2) years maximum within an agreed upon period of time of return to work. No vacation of less than one shift/day will be granted for 24-hour shift personnel. Vacations will be Page 34 of 60 granted subject to the needs of the service. 24.6 If an employee is prevented by injury or illness from working a full month, he/she will nevertheless be entitled to vacation leave accrual for that month, provided he/she has accrued sick leave sufficient to cover the remaining days of the month. 24.7 If vacation is applied for more than thirty (30) days in advance and the employer fails to cancel this vacation within fourteen (14) calendar days of submittal, the canceled vacation day or days shall be paid at double-time rate for the days worked. All cancellations shall be given in writing. Any employee incurring a full or partial shift/day of vacation cancellation shall receive a full replacement shift/day. 24.8 There are both voluntary and involuntary shift reassignments. Voluntary shift reassignment occurs when the employer assigns the employee to a different shift per that employee's written request. Involuntary shift reassignment occurs when the employer assigns the employee to a different shift without the employee's written request for reassignment to that shift. When voluntary shift reassignment occurs, any employee loss of vacation shifts constitutes a cancellation of vacation by the employee. Voluntary shift reassignment does not trigger Section 24.7. When involuntary shift reassignment occurs, an employee shall be entitled to any block of vacation time previously approved, using no more than the amount of the vacation hours originally necessary for such block of time period. This "block" shall be defined as the time from an employee's last day worked through the vacation period and up to the next scheduled work day. Any vacation time not approved as outlined above shall be subject to section G. 24.9 Between November 1st and 30"', Kelly Day selections (Article 13.3), each shift suppression employee shall select vacation leave for the subsequent year. Employees assigned to the 48/96 work schedule shall select this leave in work cycles of two consecutive 24 hour shifts bounded on both sides by regularly scheduled 96 hours off. Vacations chosen to fill Non -Kelly FLSA periods are not cancellable. Otherwise, Vacation selections, once made, are only cancellable as long as the employee uses the required minimum number of vacation shifts in a year. Procedure: Vacation selections will be conducted in rounds by following the seniority chart, below. The order of selection shall be in descending order by seniority, from the most senior shift member to the least senior shift member. The most senior shift member first selects up to as many vacation shifts as the Seniority Chart allows; then less senior members, in order of seniority, each select up to as many vacation shifts as the Seniority Chart allows. This selection process is then repeated once again, starting with the most senior shift member selecting up to as many vacation shifts as the Seniority Chart allows, with less senior employee following in order of seniority selecting as the Seniority Chart allows. Employees with twenty (20) years of completed service may select up to six shifts (three work cycles) per selection round. Employees with ten (10) years of completed service may select up to four shifts (two work Page 35 of 60 cycles) per selection round. Y Employees with less than ten (10) years of completed service may select up to two shifts (one work cycle) per selection round. Each shift: commander shall administer the selection process. Upon the least senior employee's selection of a vacation cycle, further vacation selections shall proceed as outlined by TFD policy. No other vacation shifts shall be scheduled for the next year until this vacation and Kelly process has been completed. After this vacation and Kelly day process has been completed, other vacation and Kelly selections shall be conducted per Department policy. 24.10 Under the 48/96 schedule, after Kelly Day selections are conducted per Article 13.3, any employee who has an FLSA period that does not contain either a Kelly Day or a Vacation Day, shall select at least one shift of vacation in that vacant FLSA period. Vacations chosen to fill Non -Kelly FLSA periods shall not be cancellable. If the employee does not have a shift of vacation available, the Fire Chief may split one of the employee's Kelly Days, as provided in Article 13 B., above. It shall be the Department's decision whether or not a split is needed to make the vacation picking system work. 24.11 Subject to advance approval of the Fire Administration, employees who have completed 6 years of Tukwila Fire Department service may cash out up to 96 hours of accrued vacation. Employees will request a vacation cash -out by September 15`. If approved, cash -out money will be paid with the second paycheck in October. Page 36 of 60 ARTICLE 25 - DISCIPLINE AND DISCHARGE 25.1 Employees may be disciplined for just cause, subject to appeal to a decision through either the grievance procedure or to the Civil Service Commission, but not through both processes to a decision. In order to preserve his/her right to appeal to the Civil Service Commission, an employee may file an appeal with Civil Service and also file a grievance with the Union as outlined in Articles 25 and 27. However, when the grievance is submitted to the Fire Chief within the time frames established in Article 27, this shall constitute an election of the grievance remedy. If the grievance is not submitted to the Fire Chief, then appeal to the Civil Service Commission shall have been elected by the employee and the Union. 25.2 Disciplinary action may include but not be limited to oral reprimand/counseling, written reprimand, suspension without pay, demotion and discharge. Actions other than these may be undertaken subject to agreement between the affected employee, the Union and the City. 25.3 Prior to the imposition of discipline other than oral reprimands, the employee shall be provided an opportunity to meet with the Chief or his/her designee to discuss the alleged violation. At the time the employee is advised of the meeting, the employee will be informed as to the general nature of the violation to be discussed. At the meeting, the employee shall be provided with a copy of written violation(s) or charge(s) and shall have an opportunity to review documents then in the control of the Chief or his/her designee which the Employer will use as proof of the alleged violation and the employee will have the opportunity to present his/her side of the issue. 25.4 This shall not prevent the Employer from suspending the employee, with pay, from all further duties pending the final decision as to the appropriate discipline or the overturning of said discipline by the appropriate authorities. 25.5 The employee shall also be entitled to have a Union representative, upon request, at any meeting held with the Employer to discuss facts which may lead to potential disciplinary action against him or her. 25.6 No disciplinary documentation may be placed in an employee's personnel file that is within the Employer's control without going through Article 25.3 above. The employee shall sign/acknowledge the disciplinary document, with the understanding that the material will go into his/her personnel file. 25.7 Unless otherwise agreed by the employee, Union and Employer, no disciplinary action shall have any effect beyond three years. However, if further discipline is administered within those three years, the preceding disciplinary action(s) shall have no effect beyond three years after the most recent discipline. Upon the lapse of the effect of any disciplinary action, and upon the written request of the employee, the disciplinary document shall be removed from all personnel files within the Employer's control. Except that no documentation shall be removed from any file during that period of time that the employee is specifically a party to any grievance arbitration, PERC proceeding or civil litigation. Page 37 of 60 25.8 Oral reprimands/counseling may be documented by the employer and maintained only in Fire Department files. An oral reprimand shall have no effect beyond one year (i.e. twelve months of active employment), provided the employee has received no other related discipline in that time period. However, if the employee receives related discipline within that time period, the earlier discipline shall have no effect beyond one year of the most recent disciplinary action. Upon the lapse of the effect of the disciplinary action and upon the written request of the employee, the disciplinary document shall be removed from the Departmental files. 25.9 Generally, if the employee continues to disregard an oral reprimand/counseling, a written reprimand, or more serious discipline, will be issued. 25.10 No appeal of discipline shall be subject to arbitration under the terms of Article 27, Grievance Procedure, without approval of the Union. Page 38 of 60 120 ARTICLE 26 - DRUG AND ALCOHOL TESTING The Union and Employer have jointly agreed to assure that the employees represented by the Union are committed to a drug and alcohol - abuse free workplace. Accordingly, the Union and Employer have adopted policies and procedures outlining drug and alcohol testing. This policy is instituted to assure that both parties work to certify that the work place is free of employees whose job performance may be impaired by the abuse of drugs and/or alcohol and to comply with the provision of the Federal Drug Free Workplace Act of 1988 (P.L. 100.790). 26.1 POLICY The Employer and the Union recognize that drug and alcohol 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 that impairs the employee at work at all times through education, treatment and rehabilitation of the affected personnel, and to establish the circumstances under which disciplinary action shall be imposed for violation of this policy or the City's Drug -Free Workplace policy. The unlawful possession, manufacture, sale or use of unauthorized usage of drugs or alcohol, as well as, the ulawful possession, manufacture, sale or use of drugs shall not be permitted at the Employer's work sites and/or while an employee is on duty. The parties recognize that an employee has the obligation not to place himself/herself in a situation where the ability to perforin his/her job is impaired by drugs or alcohol. In the event an employee fails to fulfill his or 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. Therefore, the following alcohol and drug related conduct is strictly prohibited for Department employees. No employee shall: Be impaired by any alcohol or any drug (including non-prescription drugs) while on duty. Use or possess alcohol or any Drug (as defined below) while on duty, except when the use is pursuant to the instructions of a physician who has advised the employee that the Drug does not adversely affect the employee's ability to safely perform his or her job functions (marijuana may not be used on duty.) Be impaired by any Drug or alcohol while on duty. Report for duty or remain on duty if the employee tests positive for unauthorized Drug use (pursuant to section 26.4) or while having an alcohol concentration of 0.04 or greater, in which case the employee shall be removed from any safety sensitive job function for 24 hours. Use alcohol within four (4) hours prior to the beginning of a scheduled duty period; Page 39 of 60 121 Use alcohol for eight (8) hours following an accident or prior to undergoing a post -accident test, whichever- occurs -first; Refuse to submit to a reasonable suspicion or follow-up test for alcohol or Drugs required by this Policy; Alter any required sample or interfere with a drug/alcohol testing process. 26.2 INFORMING EMPLOYEES ABOUT DRUG & ALCOHOL TESTING All employees shall be informed of this Drug and Alcohol Testing Policy . The City shall provide a copy of this Policy to employees. Employees will view a video or attend a live presentation on the effects of drug and alcohol use and abuse. Employees shall be provided an informational brochure on current drug and alcohol testing procedures. All newly hired employees will be provided with this information. No employee shall be tested before this information is provided to him/her. 26.3 DISCIPLINE 26.3.1 Voluntary Self -Referral The Employer may test the employee based on reasonable suspicion (Sec. 26.5) that the employee is in violation of this policy. At the time the Employer elects to do so, the employee shall be entitled to the following safe -harbor provision of this agreement if the employee provides documentation that he/she comes forward with suitable evidence or documentation that he/she is currently and actively participating in a drug or alcohol abuse treatment program and getting the help needed, or otherwise provides evidence that he or she has promptly made reasonable efforts to get treatment If the above voluntary self -referral takes place prior to the Employer notifying the employee that there is reasonable suspicion for drug or alcohol testing of the employee, the employee shall not be subject to discipline for drug or alcohol use. The employee shall provide the Employer with evidence of his or her continuing participation in treatment, as well as progress updates, until program completion. Employees participating in treatment programs are expected to abide by all treatment program rules. 26.3.2 Testing Compliance An employee who refuses to submit to reasonable suspicion testing for Drugs or alcohol, as required herein, shall be subject to disciplinary action up to and including discharge. However, an employee undergoing reasonable suspicion testing, who tests positive, shall not be subject to discipline unless he/she refuses the opportunity for rehabilitation, fails to complete a rehabilitation program successfully, or has previously tested positive for drugs or alcohol or refused a required test, in which case the employee will be subject to immediate termination. 26.3.3 Positive Test. Page 40 of 60 122 A positive test result, as set forth herein, shall constitute a violation of the policy and shall be ground for discipline, under the just cause standards. However, employees who violate the prohibitions of this policy and participate in rehabilitation will be permitted a single "second chance" opportunity. 26.3.4 Off -Duty Arrest/Conviction for Driving Under the Influence of Drugs or Alcohol, or Other Drug -Related Crimes Employees must notify the Chief or his designee of any arrests under any criminal or alcohol statute prior to their next work day and within forty-eight (48) hours following the arrest. Employees must notify the Chief or his designee of a conviction under any criminal or alcohol statute within five (5) days of such conviction. The following penalties will be imposed upon any employee committing a gross misdemeanor or greater violation related to driving under the influence of drugs or alcohol off duty or the possession/sale of any controlled substance: First conviction or Deferred Prosecution A. Mandatory inpatient treatment and counseling. The employee will be allowed to use accrued sick leave, if available, for treatment. B. Voluntary entry into the Washington Health Professional Services Program for a period of no fewer than five (5) years. 2. Second conviction may result in suspension and/or termination of employment. 3. A third conviction will result in immediate discharge. 26.3.5 Savings Except as stated in this article, an employee shall not be shielded from discipline or corrective action when the employee's actions merit discipline. Drug or alcohol involved employees shall be required to comply with all requirements of this article (including testing and completion of a defined rehabilitation plan) and shall also be subject to the same discipline that a non -drug or alcohol involved employee would receive for the act of Page 41 of 60 123 misconduct. 26.4 PROHIBITED & CONTROLLED SUBSTANCES "Drug," as used in this policy, means any controlled substance as defined by federal and/or state law, including narcotics, depressants, stimulants, hallucinogens, and marijuana . "Alcohol use", as used in this Policy, means the consumption of any beverage, mixture, or preparation, including any medication, containing alcohol that may be defined as an intoxicting agent under the act. With respect to over-the-counter drugs and/or drugs that require a prescription or other written approval from a licensed physician or dentist for their use, it is the responsibility of the employee to review cautionary warnings for potential side effects and inquire of the issuing medical authority as to the potential impact of the drug to impair one's ability to work safely and effectively. Each employee is expected to inform his/her supervisor of such circumstances if he/she has reasonable cause to believe there may be impairment. Over-the-counter drugs that are legal in other countries (e.g. Canada), but not legal in the U.S., are considered illegal drugs for purposes of this Policy. 26.5 EMPLOYEE TESTING The employer may test the employee for drugs or alcohol based on reasonable suspicion. Employees shall not be subject to random drug or alcohol testing except as provided at Section 26.12 below. If, however, objective evidence exists establishing reasonable suspicion to believe an employee is in violation of this Policy, the Employer will require the employee to undergo a test consistent with the conditions as set forth in this Policy. Objective evidence shall include but not be limited to the odor of alcohol on the breath, dilated or constricted pupils, accident pattern, abnormal behavior or performance for that specific employee. Only supervisors who have been trained to detect the symptoms of alcohol misuse or drug usage and who have directly observed behaviors, appearance or physical symptoms can subject an employee to reasonable suspicion testing. For after hours testing, Drug Proof is to be contacted for the nearest collection site. 26.6 SAMPLE COLLECTION Drug testing will be conducted on urine samples, which will be collected and tested in accordance with SAMHSA standards. Testing will be performed by a laboratory that is certified by the Substance Abuse Mental Health Services Administration (SAMHSA) and agreed to by the Union and the Employer, using SAMHSA split sample standards. The positive results of employee tests shall be made available to the designated MRO who will notify the employee and Employer after discussing the result with the employee. Negative results will be reported directly to the Employer, who will notify the employee(s). Initial alcohol testing required by this policy shall be breath alcohol testing.- In the case of breath alcohol testing, breathalyzer alcohol tests shall be conducted in private at the collection site Page 42 of 60 124 designated in advance by the City and the Union. Alcohol tests shall be conducted using a National Highway Traffic Safety Administration (NHTSA) approved evidential breath - testing device operated by a trained breath alcohol technician, in accordance with standards equivalent to those acceptable to the Washington State Patrol. If the initial test indicates an alcohol concentration of 0.04 or greater, a second test shall be performed to confirm the results of the initial test.. The Employer may rely on a breath alcohol test conducted by qualified law enforcement personnel. Collection of split blood or urine samples shall be conducted in a manner which follows strict chain of custody procedures as set by SAMHSA. The Union and the Employer agree that security of the biological urine and blood samples is absolutely necessary. Therefore, the Employer agrees that if the MRO determines or it is determined through arbitration or other legal processes that the security of the sample is compromised in a manner that would affect test results, any positive test shall be invalid and may not be used for any purpose. An employee who refuses to submit to testing, based on reasonable suspicion as identified in this Policy, shall be subject to disciplinary action up to and including discharge. Blood or urine samples will be submitted as per split sample standards acceptable to SAMHSA. Employees have the right to seek consultation with a Union or legal representative prior to the submission of the sample. However, the employee may not delay the submission of the sample if unable to make contact with such representative. Employees shall not be witnessed while submitting a urine specimen. Prior to submitting a urine, blood, or breath sample, the employee will be required to sign a consent and release form (as attached to this policy). The employee shall not consume any food or liquids until after the sample is taken, unless employee's medical condition dictates otherwise. All urine and blood samples must be stored in an acceptable scientific manner consistent with SAMHSA standards. All positive confirmed samples and related paperwork must be retained by the laboratory for one year and blood samples for six (6) months. At the conclusion of this period the specimen shall be destroyed. Related paperwork of any positive confirmed sample(s) will be retained as set forth in Article 25, Discipline, of the collective bargaining agreement, as well as, in the employee's medical files. Note: The Lab may keep the sample longer if the City so requests, as long as consistent with Article 25(g). Also, the employee and Union may request, through the Employer, that the lab retain the sample longer. 26.7 DRUG TESTING Drug testing shall be limited to the classes of controlled substanced listed in the Federal Register (82 FR 7920) — Mandatory Guidelines for Federal Workplace Testing Programs . The initial test shall use an immunoassay which meets the requirements of the Food and Drug Administration for commercial distribution. The following initial cutoff levels shall be used when screening specimens to determine whether they are negative for these five drugs or classes of drugs: INITIAL TESTING: Page 43 of 60 125 Marijuana metabolites 50 ng/ml Cocaine metabolites 150 340-ng/ml Opiate metabolites (1*) 2000 ng/ml Phencyclidine 25 ng/ml Amphetamines 1000 ng/ml (1*) If immunoassay is specific for free morphine the initial test level is 25 ng/ml. If initial testing results are negative, testing shall be discontinued. Only specimens identified as positive on the initial test shall be confirmed using gas chromatography/mass spectrometry (GC/MS) techniques at the following listed cutoff values: CONFIRMATORY TESTING: Marijuana Metabolites (1 *) 15 ng/ml Cocaine metabolites (2*) 100 4-50 ng/ml Opiates Morphine 2000 ng/ml Codeine 2000 ng/ml Phencyclidine 25 ng/ml Amphetamines Amphetamine 500 ng/ml Methamphetamine (3'1) 500 ng/ml (1 *) Del ta-9-tetrahydrocannabinol-9-carboxylic acid (2*) Benzoylecgonine (3*) Specimen must also contain amphetamine at a concentration greater than or equal to 200 ng/ml. Tests will not be reported as positive unless minimum levels are present as outlined in Section 26.7. If confirmatory testing results are negative, all samples shall be destroyed and records of the testing expunged from the employee's file. Employees who test positive may request a test of the remaining portion of the split sample within 72 hours of notification of a positive result by the MRO. In the event split sample test results are confirmed positive, the confirmatory split sample test shall be at the employee's expense. 26.8 ALCOHOL TESTING Breathalyzer alcohol tests shall be conducted in private at the collection site designated in advance by the city and the union. Alcohol tests shall be conducted using a National Highway Traffic Safety Administration (NHTSA) approved evidential breath -testing device operated by a trained breath alcohol technician, in accoradnce with standards equivalent to those acceptable to the Washington State Patrol. If the initial test indicates an alcohol concentration of 0.04 or greater, a second test shall be performed to confirm the results of the initial test. Page 44 of 60 126 Unless the city is required by law to disclose such information in response to a public records request, all information collected in the process of conducting a drug and/or alcohol test, shall be treated as confidential information. Tests will not be reported as positive unless minimum levels are present as outlined herein, with a copy to the MRO. Breath alcohol (also known as "evidential breath test" or "EBT") test results are reported directly to the Employer by laboratory or collection site personnel. 26.9 MARIJUANA TESTING In the state of Washington, marijuana is legal under state law, and as a medical cannabis authorization for both medical and recreational purposes. Marijuana continues to be illegal under federal law and as a recipient of federal funds, the City is subject to the federal Drug - Free Workplace Act of 1988, which prohibits the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance, including marijuana, by City employees as a condition of their employment. Employees shall not use or be under the psychoactive effects of marijuana causing motor impairment while on duty. Marijuana metabolites can stay in a person's blood for weeks after the psychoactive effects of the drug have completely subsided. In addition, certain topical medications containing marijuana do not cause psychoactive effects, but can still result in a positive test for marijuana. A saliva tests shall be used to screen for the psychoactive effects of marijuana use, and if positive, shall be confirmed by a blood test performed by a qualified laboratory. This screening test shall be performed by an individual properly qualified to perform the tests utilizing appropriate equipment. An initial positive level shall be 50 nano grams per milliliter of Delta-9-tetrahydrocannabinol. If initial testing results are negative, testing shall be discontinued, all samples destroyed and records of the testing expunged from the employee's files. Only specimens identified as positive on the initial test shall be confirmed using the blood test. A positive blood level shall be 15 nano grams per milliliter of Delta-9- tetrahydrocannabinol. If confirmatory testing results are negative, all samples shall be destroyed and records of the testing expunged from the employee's files. If the employee tests positive for marijuana, the MRO (Medical Review Officer) will review and interpret the results as set forth in Article 26.10 herein. 26.10 MEDICAL REVIEW OFFICER The Medical Review Officer (MRO) shall be agreed upon between the Union and the Employer and must be a licensed physician with a knowledge of substance abuse disorders. The Medical Review Page 45 of 60 127 Officer shall be familiar with the characteristics of the tests (sensitivity, specificity, and predictive value), the laboratory running the tests and the medical conditions and work exposures of the employees. The parties may change the MRO by memorandum of understanding which shall become an amendment to this agreement. The role of the Medical Review Officer will be to review and interpret positive test results. He/she must examine whether there are any alternate medical explanations for any positive test results. This action shall include interviewing the affected employee and reviewing medical history and other relevant biomedical factors brought to the MRO's attention by the employee. The MRO must review all appropriate medical records made available by the tested employee. 26.11 LABORATORY RESULTS The laboratory will advise only the MRO of any positive results and the employee. The results of a positive drug test can only be released to the Employer by the MRO once he/she has completed his/her review and analysis of the laboratory's test and has discussed the result with the employee. If the employee fails to contact the MRO after five days, the MRO will report the test as positive to the Employer. The Employer will be required to keep the results confidential in the employee's medical file and it shall not be released to the general public unless required to do so by lawful subpoena or as required under state or federal public disclosure laws. 26.12 TESTING PROGRAM COSTS The Employer shall pay for all Employer -required Drug and alcohol testing, including MRO expenses . The Employer shall also pay employees for their time for Employer -required tests. If an employee chooses to have his/her split sample tested and results are confirmed positive, the confirmatory split sample test shall be at the employee's expense. If results are confirmed negative, the confirmatory split sample shall be at the Employer's expense. 26.13 TREATMENT AND DUTY ASSIGNMENT DURING TREATMENT Employees who test positive for a Ddrugs or alcohol, as confirmed by the MRO, shall undergo a drug and alcohol assessment conducted by a licensed drug/alcohol evaluator and shall comply with any treatment recommendations that result from such assessment. Participation by the employee in the prescribed treatment program is mandatory and failure to participate is grounds for discipline under the just cause standard. In the event that inpatient treatment is recommended, the employee will be placed on rehabilitation leave status, and may utilize accrued paid leave. If such paid leave is exhausted while the employee is in initial -inpatient treatment program, the employer will work with the employee to discuss other leave options that may be available in order to complete the prescribed inpatient care - Payback of sick leave advance will be based upon a pay -back schedule mutually agreed between the Employer, the Employee and the Union. If the employee leaves before pay -back, the value of such leave due and owing will be deducted from the employee's final paycheck or covered by paid leave earned by other bargaining unit personnel. Page 46 of 60 The employee may return to work only with a written release from the drug/alcohol evaluator and a physician, regardless of whether inpatient or outpatient treatment is recommended. Employees who complete drug and alcohol treatment program may be re -tested, by following the treatment program's post -treatment testing guidelines. 26.14 VOLUNTARY REHABILITATION Employees who believe that they may have a problem with drugs and/or alcohol are encouraged to voluntarily contact a Peer Support Team Member or the employee assistance program (EAP). Any employee who voluntarily enters rehabilitation pursuant to Article 26.3.1 of this contract and completes a drug and/or alcohol treatment program, may be re -tested under reasonable suspicion, by following the treatment program's post -treatment testing guidelines. Treatment and rehabilitation shall be paid for tinder the terms and benefit levels in the employee's insurance program. Employees will be allowed to use their accrued and earned leave for the necessary time off involved in the rehabilitation program. 26.15 DUTY ASSIGNMENT AFTER TREATMENT Employees who successfully complete rehabilitation [including return to duty testing at the completion of rehab] shall be returned to their regular duty assignments, subject to Section 26.3 (Discipline) unless otherwise agreed between the Employer and the Union. 26.16 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. As a condition to pursuing such a grievance, however, the employee must sign a written release authorizing the MRO, testing laboratory, and any other medical personnel involved in the collection, testing, and evaluation process to provide the Employer and Union any and all records and information related to the test process and results. 26.17 CHANGES IN TESTING PROCEDURE The parties recognize that during the life of this agreement there may be improvements in the technology of testing procedures which provide more accurate testing. In that event, the parties will bargain in good faith whether to amend this procedure to include such improvements. If the parties are unable to agree on the amendments they will be submitted to impasse procedures as outlined in RCW 41.56. 26.18 CONFLICT WITH OTHER LAWS This policy will be administered consistent with Federal and State Constitutions and statutes and is not intended to supersede or waive rights or responsibilities individual employees or the Employer may have under Federal, State constitutions or statutes. Page 47 of 60 26.19 NEW HIRES The Employer reserves the right to require a drug/alcohol test of all applicants seeking to be hired or transferred into the bargaining unit. 26.20 NOTICE OF CRIMINAL DRUG VIOLATION In accordance with federal law, any employee convicted of violating any criminal drug statute in the workplace is required to notify the Employer within five (5) days after such a conviction. Page 48 of 60 130 ATTACHMENT: T.F.D. Form #150 TFD FORM 9150 Consent/Release I consent to the collection of a urine, blood and or expired air sample by analysis by for those drugs specified in the Drug and Alcohol between the City of Tukwila and the Firefighters' Union, IAFF Local 42088 (the "Policy") and its Testing Policy agreed to The laboratory administering urine, blood and/or expired air tests may release the results to me and the Medical Review Officer (MRO). The MRO is, in turn, authorized to release confirmed positive test results, following his/her review and interpretation of such results as per the policy, to my Employer. Any further medical information may only be released to my Employer with my written consent or as authorized by law. 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 (if confirmed positive) for at least six months. If I test positive for drugs, I may request a test of the split sample, at a second SAMHSA-certified lab of my choice, within 72 hours of notification of a positive test result by the MRO. Such request shall be by means of notification of the MRO and/or the Fire Department duty chief. I acknowledge that my Employer has the option to require collection and testing of breath sample for alcohol testing in accordance with the Policy. [ ] Breath Alcohol Test: I consent to the collection of a breath sample by and its analysis by means of an evidential breath testing device for alcohol in accordance with the Policy. The laboratory or collection site personnel are authorized to report the initial positive results of the alcohol test directly to my Employer, with a copy to the MRO. 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, blood, and/or breath sample may result in disciplinary action by the Employer. I understand that a confirmed positive test may be cause for discipline rip to and including discharge in accordance with the Policy. In other cases, a positive test may result in a requirement that I underZn go rehabilitation as a condition of continued employment. By signing this consent form, I am not waiving my right to challenge any confirmed positive test result and any Employer action based thereon under the Employer -Union collective bargaining agreement. However, as a condition to pursuing a grievance, I agree to sign a written release authorizing the MRO, testing laboratory, and any other medical personnel involved in the collection, testing, and evaluation process to provide the Employer and Union any and all records and information related to the test process and results. Page 49 of 60 131 ARTICLE 27 - GRIEVANCE PROCEDURE 27.1 Purpose The purpose of this grievance procedure is to provide an orderly method for resolving grievances. A determined effort shall be made to settle any such differences at the lowest level in the grievance procedure; and there shall be no suspension of work or interference with the operations of the Employer. This article describes the grievance resolution process agreed upon between the union and the employer. Notwithstanding any provision herein, this article does not give an individual employee any contract -based right of arbitration beyond the right to submit his/her grievance to the Grievance Committee (Section 27.3.1, below). However, the individual employee has additional rights pursuant to RCW 41.56.080. 27.2 Definition An alleged violation of specific term or condition of employment specifically set forth in this Labor Agreement or the application of any policy, rule or regulation regarding conduct or work performance promulgated by management shall be resolved as set forth. Any alleged violation or application of any policy, rule or regulation not contained in this agreement shall be resolved in accordance with this Article, up through submission to the Mayor's office for his/her consideration, in accordance with Article 27, Section (C)(2). Any alleged violation of any provision of this Agreement shall be resolved up to and including binding arbitration as set forth in Article 27.3.3. No grievance of discipline shall be subject to arbitration under the terms of Article 27, Grievance Procedure, without approval of the Union. 27.3 Procedure 27.3.1 Any member or group of members of the bargaining unit that believe he/she or they have been aggrieved must, within fourteen (14) business days of his/her or their knowledge of the alleged grievance, submit a written statement of the grievance to the bargaining unit's Grievance Committee with all relevant facts involving the alleged grievance. Upon receipt of the grievance, the Committee shall determine if a grievance exists. If, in the Committee's opinion, no grievance exists, no further action is necessary. If the Grievance Committee's determination is that a grievance merits the Union's support, the Committee, and/or the grievant, shall present to the Fire Chief a written statement, with a copy of the original grievance, setting forth the nature of the grievance, all contract sections allegedly violated, the facts on which it is based and the relief requested. Note: The City opts to state the timeframes in terms of "business" days rather than Page 50 of 60 132 "calendar" days. `Business days" are Monday through Friday, excluding days the Fire Department business office is not open to the public (e.g., emergency closures of City Hall and designated holidays). The aforesaid presentation shall be made within twenty (20) business days of receipt of the grievance by the Grievance Committee. If the grievance has not been settled within the twenty (20) business days after submittal to the Fire Chief, the Grievance Committee may elect to continue with the contractual Grievance procedure on behalf of the employee if the individual employee does not pursue an appeal of the grievance issue to the Civil Service Commission. An appeal shall not be made in both forums It is understood, however, that an individual incident may give rise to alleged violations of contract or rights allowed by law that are separate points of violation. Nothing herein shall limit the right of the employee and/or the Union from pursuing the violations in the above forum deemed appropriate by the Union for each violation. 27.3.2 If the grievance is appealed through this contract, the Mayor, or his/her representative, shall respond in writing within twenty (20) business days of receipt of the written Grievance. 27.3.3 If, after fifteen (15) business days from receipt of the Mayor's or his/her representative's reply, the grievance remains unresolved, the grievance as set forth above may be submitted by the Union to a recognized arbitrator from a list requested from the American Arbitration Association (AAA), Lidless mutual agreement is reached to request a list from another source. The representatives of the Employer and the Union shall alternately eliminate the name of one person from the list until only one name remains. The grieving party will strike the first name from the list. The arbitrator shall conduct a hearing and his/her findings shall be binding on all parties. The expenses of the arbitrator shall be borne equally by the parties and each party hereto shall pay the expenses of their own representatives (e.g. witness and attorneys fees). If, by mutual consent of the Grievance Committee and the Employer's representative, it is deemed to be in the best interest of both parties, the above mentioned time limits may be adjusted by agreement of both parties. In arriving at any disposition or settlement of a grievance hereunder, neither party nor the arbitrator shall have the authority to alter this Agreement or negotiate a new agreement. 27.3.4 Election of Remedies The employee may utilize the grievance procedure, to file a grievance on discipline or discharge, otherwise appealable to the Civil Service Commission, based upon a claim that the discipline or discharge is without just cause. In the event of arbitration involving an issue of discipline, up to and including discharge, the arbitrator's role shall be to determine whether the facts upon which the decision is based are true. The arbitrator shall not have the power to overturn the Employer's decision if the alleged facts are proven true and that the discipline received is reasonable based on the evidence presented to him or her. Page 51 of 60 133 In the event an employee elects to pursue a Civil Service appeal concerning his or her employment status or conditions, no grievance under this agreement by or on behalf of the employee shall be pursued to the extent the subject matter of the Civil Service appeal overlaps with any actual or potential grievance under this Agreement. It is specifically and expressly understood and agreed that any alleged violation of any provision of this agreement that cannot be resolved tinder Article 27.3.1 or Section 27.3.2 shall be resolved through Article 27.3.3 and not the courts. Any appeal to arbitration shall constitute an Election of Remedies and waiver of any and all nights of the appealing employee, the Union, and all persons it represents to litigate or otherwise contest the appealed subject matter in any court or other available forum. Likewise, litigation or any other contest of any subject matter involving an employee or the Union in any court or other available forum shall constitute an Election of Remedies and a waiver of the right to arbitrate the matter. Page 52 of 60 134 ARTICLE 28 - PROMOTIONS The following guidelines shall govern all promotions for positions within the established bargaining unit: 28.1 The examination process shall be impartial, job related, and shall assess the candidate's ability to perform the requirements of the position. The Department will be open to input from elected officials of IAFF Local #2088 prior to the testing process to accomplish these goals. 28.2 Selection of a candidate for a promotion shall be in accordance with City of Tukwila Civil Service Commission rules and regulations and based on the candidate's past work record, education, knowledge of job duties and ability to perform all requirements of the position. 28.3 Promotions shall be made from a promotional list established through the examination process. The Rule of Three shall be used by the appointing authority in accordance with Civil Service rules as currently in effect or hereafter amended. Page 53 of 60 135 ARTICLE 29 - SAFETY The Fire Chief and/or his/her designated representatives shall meet and confer on a regular and on an as needed basis with the employees to discuss safety rules, firefighter safety, and safety standards for carcinogens for the express purpose of developing Policies and Standard Operating Procedures to insure Employer and employee compliance with the appropriate Washington Administrative Codes. Page 54 of 60 136 ARTICLE 30 - SENIORITY Seniority shall mean an employee's length of service with the department and shall be computed from the date the employee began such service. In the case of identical service dates, seniority shall be defined as the employee who had the highest total entry level test score on the Civil Service exam. Seniority shall not be earned by an employee under the following conditions: during a period of justified suspension for disciplinary reasons for a period of thirty (30) days or more, 2. during a period of an unpaid leave of absence, 3. during a period of layoff. Page 55 of 60 137 ARTICLE 31 - STAND-IN 31.1 Employees shall have the right to exchange shifts, or portions thereof, when the change does not interfere with the operation of the Fire Department. Such shift exchanges shall follow the procedures outlined in the departmental policy on the subject. These exchanges are private arrangements between individual employees, and the employer has no duty to police or enforce these arrangements. Shift exchanges shall not result in any increased net cost to the Employer (including any overtime costs), nor shall it have a significant impact on the workload of Fire Administration (e.g., having to resolve disagreements between individuals). The current departmental shift change policy has been established, and any subsequent shift change policy shall be established through negotiations between the Fire Chief or his/her representative and the Union executive board for the duration of this agreement. 31.2 Any officer may exchange shifts, or portions thereof, only with another officer or acting officer on the officer's eligibility list. A firefighter may only exchange shifts or portions thereof with another firefighter. An entry-level probationary firefighter may only exchange with another entry level probationary firefighter. However, any shift employee on the same shift may exchange Kelly Days with any other shift employee, regardless of rank. 31.3 In the event that a Union member is unable to pay back a traded shift due to illness, that employee shall attempt to find a trade replacement. If the employee is unable to find a trade replacement, the employee will have the option of using sick leave at straight time if no overtime situation is incurred. If an overtime situation (specifically caused by the missed standin) is incurred by the Department, the member will be required to pay the time back as future overtime situations present themselves in the form of a "Debit Day" as referenced in Article 21.3. The employee will not be eligible to receive overtime until the equivalent of the missed shift has been offset by an equivalent number of hours worked. The member will not be required to pay time back caused by an overtime situation incurred by subsequent sick leave taken by another member on the same shift. 31.4 When an employee has exhausted all paid leave, including sick leave, vacation leave, and shared leave, and continues to be unable to return to work, employees have the right to exchange shifts with that injured/ill employee, provided these exchanges do not interfere with the operation of the Fire Department. Such shift exchanges shall follow the procedures outlined in a departmental policy on the subject and applicable City of Tukwila Civil Service Rules and Regulations. Under these circumstances, officers may stand in for fire fighters, so Long as there is a vacant officer slot; fire fighters may stand in for officers as long as the minimum officer staffing as established by department policy is met; and probationary firefighters may stand in for probationary firefighters. Such shift exchanges must be uninterrupted and continuous so that they do not cause administrative difficulties. Page 56 of 60 IM ARTICLE 32 - SUBSISTENCE In the event that employees are required to attend department authorized schools, seminars, or courses which require meals or lodging expense for events beyond five hour duration, such expenses shall be reimbursed as follows: 32.1. MEALS - On -duty personnel will be reimbursed for meals based upon the rate structure and procedures in place at the time in the City of Tukwila policies. Off -duty personnel will be compensated for their meal period while attending mandatory schools, seminars, or courses in lieu of meal reimbursement. 32.2. LODGING - Hotel and motel expenses will be reimbursed on completion of authorized travel upon submittal of proper claim. A reasonable class of accommodation shall be selected where choice is available. The single rate should be clearly indicated on all receipts. Employees may request to have subsistence expenses pre -paid in accordance with City of Tukwila policies as they currently exist or are hereafter amended. 32.3 TRAVEL EXPENSES Employees will be covered by City Policy regarding reimbursement for travel expenses while on City business. Personnel required to provide private transportation to attend schools, seminars, or courses required by the Employer shall be reimbursed at the standard IRS rate for business use of an automobile. For the purposes of this article: 32.3.1 Any local basic Recruit Academy is considered as a City work station and thus is excluded from the reimbursement provisions; and 32.3.2 A location that is greater in distance from the Tukwila Headquarters fire station than the North Bend Recruit Academy site (i.e. 45 miles) shall not be considered "local". Page 57 of 60 ARTICLE 33 - PHYSICAL FITNESS 33.1 Purpose: The purpose of a fitness program shall be the improvement and maintenance of firefighter health and wellness. Firefighter physical fitness is expected to benefit both the City, its employees and the public. Improved fitness is expected to reduce sick leave and lower both disability and disability retirements. Further, fitness is expected to cause better and safer job performance. The City and the Union recognize that firefighters must maintain certain levels of physical fitness in order to perform the essential functions of their job. The City agrees to support a fitness program by providing adequate funding for equipment, and time for daily fitness activities. The Union and employees agree to support a fitness program by accepting mandatory daily on -duty participation for all members who respond to emergency operations. 33.2 Supervisor Responsibilities: It shall be the Supervisor's responsibility to ensure that each employee is utilizing a fitness program. Refer to Fire Department Policies (01.02.07 Logbook). 33.3 Fitness Drills: Daily fitness drills shall be mandatory and shall be documented as such, in the electronic logbook. Twenty -four-hour shift employees shall participate in fitness drill once each shift. Non -shift employees shall participate in fitness drill two times each week. The shift officer or work supervisor shall schedule at least sixty minutes so that fitness drill can be completed during the regular business day, or between 0800 and 1700 hours for shift personnel. Page 58 of 60 Article 34 —ACCRUED LEAVE CONVERSION Twenty-four (24) hour shift employees and 40 hour per week (non -shift) employees have different accrual rates for sick and vacation leave as outlined in Articles 21 and 24. The hourly rates of pay are different between the shifts as the 24 hour rate is based on 2584 hours per year and the 40 hour rate is based on 2080 hours per year. Due to the differing factors in leave accrual rates and hourly rates and for clarification of the methodology used to convert vacation and sick leave hours for firelighters who switch between the 24 hour shift schedule and 40 hours per week (non -shift) schedule, the City and Union have discussed the methodology for calculating the conversion of vacation and sick leave hours and agree the following factor calculation will be used: • Upon switching the work schedule from a 24 hour shift to 40 hour per week (non -shift) schedule, the firefighter's accrued vacation and sick leave hours will be converted by the factor of 2080 hours divided by 2584 hours. Conversion Factor: 2080/2584 = .8049. o Example: vacation balance on 40 hour non -shift schedule = 160.00 hours. ■ 160 x .8049 = 128.78 hours o Example: sick leave balance on 40 hour non -shift schedule = 680.00 hours. ■ 680 x .8049 = 547.33 hours. • Upon switching the work schedule from 40 hour per week (non -shift) to a 24 hour shift schedule, the firefighter's vacation and sick leave hours will be converted by the factor of 2584 hours divided by 2080 hours. Conversion Factor: 2584/2080 = 1.2423. o Example: vacation balance on 24 hour non -shift schedule = 128.00 hours. ■ 128.78 x 1.2423 = 159.98 hours o Example: sick leave balance o 24 hour non -shift schedule = 547.00 hours ■ 547.33 x 1.2423 = 679.99 hours Page 59 of 60 SIGNED THIS DAY OF , 2019. IAFF LOCAL NO. 2088 FOR THE CITY OF TUKWILA Dawn Judkins, President IAFF Local 42088 Date: Attest: Christy O'Flaherty, City Clerk Allan Ekberg, Mayor CITY OF TUKWILA Page 60 of 60 142