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Home My WebLink About09-018 - IAFF #2088 - 2009-2011 Labor Agreement (Firefighters)09- 018(b) Council Approval 1118110 MEMORANDUM OF UNDERSTANDING BY AND BETWEEN CITY OF TUKWILA AND TUKWILA FIREFIGHTERS LOCAL NO 2088 WHEREAS, the parties to this memorandum of understanding have a current labor contracts that expires on December 31, 2011; and WHEREAS, the local economic and political environment in which the City and Union met to negotiate the current labor agreement has significantly changed since the negotiations for the 2009 -11 labor agreement between the parties were concluded; and WHEREAS, the annual rate of inflation has dropped to less than 0.0% for two consecutive years compared to the 5.0% 6.0% rate at the time the parties negotiated the current contract; and WHEREAS, the City Council must make dramatic reductions to the General Fund Operating budget due to the unanticipated downturn in the City's revenues; and WHEREAS, the City is asking the Union for concessions in the cost of employee compensation due to budget shortfalls associated with the City budget; and WHEREAS, the City employees who are members of the IAFF Local No. 2088 recognize the impact of these difficulties, and desire to assist the city in preserving essential services by eliminating layoffs that otherwise would have been necessary in the 2011 -2012 budget; NOW, THEREFORE, THE CITY ADMINISTRATION AGREES TO THE FOLLOWING ACTIONS: 1. That the Union agree to amend the terms of the labor agreement currently in effect to provide for a Wage Freeze for 2011; and 2. That the City Council will restore to the final budget the three (3) firefighter positions identified for layoff in the preliminary City budget 3. That the City agrees to continue discussions with the Union regarding the potential for a LEOFF 1 buyout based upon the outcome of an actuarial costibenefit analysis and notify the Union in writing of the outcome of the analysis by November 30, 2010; Tukwilaiaffmoucontractconcession 11 -2 -10 4. That if the Union and City Council are not able to agree to the above terms, the City will comply with the terms of the labor agreement currently in effect and the City Council will proceed with adoption of the 2011 -2012 budget. City o Tukwila By: D e: Approved as to Form: City Attorney c� By: Date: Tukwila IAFF Local No. 2088 by: Date: /S `/d Human Resources Director Date: S 0 Tukwilaiaffmoucontractconcession 11 -2 -10 Contract No. 09 -018 IAFF Labor Agreement MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF TUKWILA AND TUKWILA FIREFIGHTERS LOCAL NO. 2088 THIS MEMORANDUM OF UNDERSTANDING is by and between the CITY OF TUKWILA, WASHINGTON, hereinafter referred to as the Employer and TUKWILA FIREFIGHTERS LOCAL NO. 2088, hereinafter referred to as the "Union BACKGROUND The Union has requested of the Employer to enter into a Memorandum of Understanding "MOU to become a part of the Washington State Council of Firefighters Employee Benefit Trust, hereinafter referred to as "WSCFF EBT and to contribute to the Medical Expense Reimbursement Plan, hereinafter referred to as "MERP A 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. Section 5 of the 2009 -2011 labor agreement "Agreement states: "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." AGREEMENT Therefore, the Employer considers the WSCFF -EBT as an alternative carrier under Section 5 of the 2009 -2011 Agreement, and agrees that: 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. 2. The Union will provide the Employer with a copies of the following: signed joinder agreement, master application, summary of plan benefits which details the provisions 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. 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 Seventy Five and no /100 Dollars ($75.00 US) from the base salary of each employee in the Union to the WSCFF -EBT. 4. Such contributions shall be included as base salary for the purpose of calculating retirement benefits. 5. 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. 6. 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. 7. 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 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_ 8. 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. 9. The Union warrants that the WSCFF -EBT is established in accordance with applicable federal, state and IRS laws and that the Employer shall have no further obligation hereunder in the event this warrant is materially breached. 10. This MOU sets forth the intent of the parties, and may be modified or terminated upon thirty (30) days written notice to the other party. EXECUTED M aLA 1 A 2009. J CITY OF TUKWILA LOCAL 2088 IAFF By: By: Mayo Steve Rydeen, resident 2 2009 -2011 09 -018 Council Approval 1/5/09 AGREEMENT 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. City of Tukwila 1AFF Local 2088 2009 -2011 Contract Page 1 TABLE OF CONTENTS 2009 -2011 LABOR AGREEMENT Between City of Tukwila and Firefighters Local No. 2088 STATUTORY RIGHTS/REGULATIONS ARTICLE 1 DISCRIMINATION ARTICLE 2 DURATION ARTICLE 3 MANAGEMENT RIGHTS ARTICLE 4 RECOGNITION ARTICLE 5 SAVINGS CLAUSE ARTICLE 6 SUPPLEMENTAL AGREEMENTS ARTICLE 7 UNION SECURITY ARTICLE 8 WORK STOPPAGES MONETARY COMPENSATION 3 3 3 3 3 4 4 4 ARTICLE9 ACTING PAY 5 ARTICLE 10 CLOTHING ALLOWANCE 5 ARTICLE 11 EDUCATION ALLOWANCE 6 ARTICLE12 HOLIDAYS 7 ARTICLE 13 HOURS OF WORK 7 ARTICLE 14 INSURANCE COVERAGE .............................10 ARTICLE 31 ARTICLE15 LONGEVITY .............................11 ARTICLE32 ARTICLE 16 ON -CALL FIRE INVESTIGATOR .............................11 ARTICLE 17 OVERTIME AND CALLBACK .............................12 ARTICLE 18 SUPPLEMENTAL PENSION PLAN .............................12 ARTICLE19 WAGES .............................13 PAID LEAVE BENEFITS ARTICLE 20 MISCELLANEOUS LEAVE .............................15 ARTICLE 26 ARTICLE 21 ILLNESS OR INJURY LEAVE .............................15 ARTICLE 22 JURY DUTY LEAVE 17 ARTICLE 23 UNION BUSINESS .............................17 ARTICLE 24 VACATION LEAVE .............................18 PERSONNEL POLICIES ARTICLE 25 DISCIPLINE DISCHARGE .............................21 ARTICLE 26 DRUG AND ALCOHOL TESTING 22 ARTICLE 27 GRIEVANCE PROCEDURE .............................23 ARTICLE28 MILEAGE .............................25 ARTICLE 29 PROMOTIONS .............................25 ARTICLE30 SAFETY .............................25 ARTICLE 31 SENIORITY .............................26 ARTICLE32 STAND- IN .............................26 ARTICLE33 SUBSISTENCE .............................27 ARTICLE 34 PHYSICAL FITNESS .............................27 City of Tukwila 1AFF Local 2088 2009 -2011 Contract Page 2 ARTICLE 1— 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, sex, or any other form of illegal discrimination. Any action that would not constitute discrimination under applicable statutes, regulations or case precedent will not constitute a violation of this contract provision. ARTICLE 2 DURATION This agreement shall become effective January 1, 2009 and shall remain in full force and effect through December 31, 2011. The parties agree that negotiations regarding a subsequent agreement shall commence as required by State statutes. ARTICLE 3 MANAGEMENT RIGHTS A. 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. B. 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. Nothing in this Article shall be deemed a waiver of bargaining rights under RCW 41.56. ARTICLE 4 RECOGNITION The Employer recognizes the Union as the exclusive bargaining agent for all employees of the Fire Department consistent with the Washington State Department of Labor and Industries, certification dated April 24, 1972, (Case No. 0- 1137). 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 full force and effect. City of Tukwila IAFF Local 2088 2009 -2011 Contract Page 3 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 and agreed upon between the parties, e.g. sick leave administration, clothing allowance, conversion of hours between shift and day schedules. The MOU combining Lieutenant and Fire Prevention Officer shall remain in effect. The current Drug and Alcohol testing procedures (Article 26) will remain status quo. If there is an MOU in effect which is not identified herein, it will be considered part of the status quo. The position of Lieutenant shall be changed to Captain, which shall be a change in name /title only. This change does not change obligations, duties, or responsibilities of the position. The Union/Captains will bear the expense of badges, labels, shields, and other uniform changes caused by this change in title. The Union and the City agree to an experimental work schedule from the current Modified Detroit Schedule to a "48/96" shift schedule for up to a twelve month trial period, as outlined in the attached Memorandum of Understanding. 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 parry to bargain with respect to any subject unless mutually agreed otherwise. ARTICLE 7 UNION SECURITY All present members of the Union shall maintain membership in good standing for the duration of this agreement. Future employees shall become and remain members in good standing except in such instances where an employee notifies both the Union and the Employer in writing of a desire not to become a member due to bonafide religious tenets or teachings of a church or other religious body of which such employee is a member within ten (10) working days of employment. Employees exercising their right of non association because of bonafide religious tenets or teachings shall make payments, equal to 75% of the amount equal to current Union dues uniformly levied against all Union members, to a nonreligious charity as set forth in RCW 41.56.122. 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. 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 Fire 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. City of Tukwila IAFF Local 2088 2009 -2011 Contract Page 4 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. ARTICLE 10 CLOTHING ALLOWANCE For the duration of this Agreement, the Union and City agree to use a uniform cleaning "service" to purchase, maintain, and replace class "C" uniform pants and shirts for all bargaining unit members, except for battalion chiefs' shirts. Terms of this service shall be governed by the signed Agreement between IAFF Local #2088 and the service provider and as referenced in a letter of understanding between the City and Union, a copy of which shall be attached to this Agreement. The City shall pay the Union the agreed costs set forth in the above letter of understanding and the union shall then administer the program, not to exceed the maximum funding provided herein. The City shall fund the uniform cleaning service provisions of Article 10 for bargaining unit members up to a maximum of $25,000 for 2009, $26,500 for 2010, and $27,500 for 2011. Newly hired employees shall have all initial required uniforms (referenced below) provided by the City. All regular shift employees shall receive $325 annual clothing allowance, paid 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. 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. City of Tukwila IAFF Local 2088 2009 -2011 Contract Page 5 I 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 Pair Shoe /Boots Paramedic style coat Tie 4 Department T -shirts 2 Department sweat shirts 1 Ball cap 1 Fleece Top Note: Additional Class "C" uniforms shall be provided by the uniform "service" Style /manufacturer shall be according to department policy. ARTICLE 11 EDUCATION ALLOWANCE A. Training 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. B. Education Allowance The Employer shall budget into a pool for educational purposes a total of $100.00 a calendar year per union member employed as of January 1 each year. To insure there are funds for the entire year the total education allowance shall be divided into fourths and allocated out on January 1, April 1, July 1, and October lof each year. The remaining balance from the previous quarter shall be added to the following quarter's allocation. Any amount remaining as of December 31 shall revert back to the Employer. C. Education Reimbursement From this educational allowance members shall be reimbursed for: All Fire Service college courses and Fire Service degree course requirements, 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. 2. 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. 3. Reimbursement up to forty dollars ($40.00) of the above allowance per year will be made for City of Tukwila IAFF Local 2088 2009 -2011 Contract Page 6 Tukwila Fire Service related classes, seminars and non credited asses. Documentation for Fire Service related books that are: non fictional, instructional, and job related, subject to the approval of the Chief or Training Officer. When the shift is above minimum staffing, employees may attend pre- approved college classes while on duty as long as the school is no more than fifteen (15) miles from the City. The Chief, or his designee, may extend this mileage limit on a case -by -case basis, according to the needs and emergency requirements of the Department. ARTICLE 12 HOLIDAYS In lieu of Holidays, twenty -four (24) hour shift personnel shall receive straight time pay. Such payment shall be one hundred ten (I 10) hours. 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 one 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 1st 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 If the employer grants an additional 12th paid holiday for any other bargaining unit, it shall be granted to this bargaining unit. The compensation shall be 11 additional hours of straight time pay for shift personnel and one additional holiday on the designated holiday 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. ARTICLE 13 HOURS OF WORK A. 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 Battalion Chief, and the President of the Union. The normal work schedule for probationary firefighters during the initial 10 -12 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. City of Tukwila IAFF Local 2088 2009 -2011 Contract Page 7 For recruit employees who have completed an acceptable Fire Academy prior to their employment, their probation shall extend one year (365 days) from their date of hire. For recruit employees who must be sent to a Fire Academy after their employment, their probation shall extend one year (365 days) from their graduation from the Fire Academy. Eligibility for wages and benefits under the terms of this agreement will be administered for recruit employees pursuant to the status quo, that is, that wages and benefits shall increase to the next step as dated from the date of hire, not from date of Fire Academy graduation. B. The normal schedule for shift personnel shall be a 24 hour shift on; 24 hours off, 24 hour shift on; 24 hours off, 24 hour shift on; 96 hours off on a repeating schedule (commonly referred to as the Modified Detroit schedule). In the alternative, the 24 hour shift on, 24 hour shift on; 96 hours off on a repeating schedule (commonly referred to as the 48/96 schedule) will be continued and revisited during the third quarter of 2009 to make necessary adjustments to ensure that the Schedule does not cause the City to incur costs over and above the cost of the Modified Detroit schedule and to ensure that the schedule remains cost neutral and productive as compared to the Modified Detroit schedule. Twenty -four (24) hour shift personnel shall accrue fourteen (14) shifts off (Kelly Days) from this schedule which will result in 2584 hours compensated per year. Kelly Days for shift personnel shall be limited to fourteen shift selections per year. The work period, for FLSA purposes, shall be 27 days for shift personnel on the Modified Detroit Schedule and 24 days for shift personnel on the 48/96 schedule. Prior to September 30 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. (TA— 11/26/08) 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 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 City of Tukwila 1AFF Local 2088 2009 -2011 Contract page 8 requests (TFD Form 193A/B /C) to the Fire Chief or his/her representative prior to 1700 hours on September 30. No Kelly Day(s) shall be changed once submitted to the administration. No employee may schedule more than one (1) Kelly Day in any FLSA period. This article shall limit annual leave and Kelly Days to four (4) shift personnel off at one time per shift. Generally, 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. C. 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. D. 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. E. Special assignments by the employer are subject to the following limitations: 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. 2. Special assignments shall be directly related to Fire Department activities and responsibilities. 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. 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. 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. City of Tukwila IAFF Local 2088 2009 -2011 Contract Page 9 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. 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 E.1. and E.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. F. 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 lunch, 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. ARTICLE 14 INSURANCE COVERAGE SECTION 1. Medical Insurance A. 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. Such coverage shall not be less than that which existed under the Association of Washington Cities Plan "A" in place October 1989, except as subsequently agreed by the parties. B. Group Health For employees who elect medical coverage through Group Health Cooperative, 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 Group Health Plan shall be as determined by Group Health Cooperative. C. Effective upon date of signing, the Employer shall continue to pay the full premium for medical coverage under the Self- Insured Medical Plan up to a maximum increase of ten percent (10 per year. In the event the monthly premiums increase more than the above stated amounts in a year, the Employer or the Union has the right to reopen the Agreement to negotiate changes in the Self- Insured Medical Plan benefits so that the increase in premium costs does not exceed the stated amount. City of Tukwila IAFF Local 2088 2009 -2011 Contract Page 10 SECTION 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. SECTION 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 $400 per calendar year. All eyewear shall be limited to a number one (1) tint. SECTION 4. LIFE INSURANCE -The City will provide and pay one hundred percent (100 of the premium costs of a twenty -five thousand dollar ($25,000) life insurance policy (presently in force) on all employees covered under this Agreement. SECTION 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. 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 full 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 ARTICLE 16 ON -CALL FIRE INVESTIGATOR Qualified uniformed fire prevention personnel shall be available to respond to fire incidents, for the purpose of fire investigation, on a rotating, on -call basis. Duty weeks shall begin on Tuesday at 08:00 and end the following Tuesday at 08:00. 1. The hourly rate for compensation of standby time shall be 10% of a Fire Prevention Investigator's hourly rate. Such premium is calculated on the employee's base hourly rate. 2. On -call investigators 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. The on -duty investigator 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. Nothing in this article will prevent the Employer from utilizing qualified twenty -four (24) hour shift City of Tukwila IAFF Local 2088 2009 -2011 Contract Page 11 personnel already on scene to perform those functions necessary to begiTconduct fire investigations prior to fire prevention personnel arrival. A committee headed by the Fire Marshal shall determine who is "qualified 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. ARTICLE 17 OVERTIME AND CALLBACK 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 hourly rate. 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 A through D 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 A through D below, but shall be eligible for overtime as a result of shift extension and for approved training. A. 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. B. Replacements for employees off on Union business pursuant to the provisions of Article 23(B) shall be compensated at their straight time hourly rate. C. All eligible personnel who respond to a call after being dispatched by Valley Corn 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. D. An overtime list shall be established and maintained, monthly, with the employee having the least amount of overtime to be called back by pager first, except in emergencies as determined by the officer in charge. When the list has been exhausted, mandatory overtime shall be assigned to the first available person on the list. An employee assigned mandatory overtime shall have the option of accepting the first twelve hours of the shift or the entire shift. The second available employee on the list shall be assigned the balance of the shift. 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. ARTICLE 18 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. A. For employees hired prior to April 1, 1986, the City will pay the percentage, applied to eligible City of Tukwila IAFF Local 2088 2009 -2011 Contract Page 12 gross, pay equivalent t he employer's FICA social security tax 7urrently 6.20 and FICA hospital tax (currently 1.45 for a total of 7.65% under current law. B. 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.) C. 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. D. 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. E. In the event the FICA law is hereafter restructured [other than in terms of the rate(s) of contributions or as contemplated in D, above], this article shall be subject to reopening at the request of either the City or IAFF Local #2088. ARTICLE 19 WAGES The following monthly wage rates shall be in effect throughout the term of this agreement: A. The following Wage Differentials are hereby established: Probationary Firefighter 80% 3rd Class Firefighter 85% 2nd Class Firefighter 90% 1st Class Firefighter 100% Captain/Inspector 115% Battalion Chief 130% The following General Wage Adjustments shall apply: Effective on the January dates shown below, a general wage increase of 4.2% (2009), 4.0% (2010) and 4.0% (2011) shall be granted, which shall be added to the first class firefighter rate. Pire Department Title 1/1/09 1 /1 /10 1 /l /11 4.2% 4.0% 4.0% Probationary Firefighter 80% $4,886 $5,081 $5,284 13 Class Firefighter 85% $5,191 $5,399 $5,615 hnd Class Firefighter 1 11" 90% $5,496 $5,716 $5,945 Class Firefighter 100% $6,107 $6,351 $6,606 ICaptain/Inspector 115% $7,023 $7,304 $7,596 Battalion Chief 130% $7,939 $8,257 $8,587 City of Tukwila IAFF Local 2088 2009 -2011 Contract Page 13 For recruit employees who have completed an acceptable Fire Academy prior to their employment, their probation shall extend one year (365 days) from their date of hire. For recruit employees who must be sent to a Fire Academy after their employment, their probation shall extend one year (365 days) from their graduation from the Fire Academy. Eligibility for wages and benefits under the terms of this agreement will be administered for recruit employees pursuant to the status quo. C4 Non -Shift Personnel shall receive the following wage differentials: 1 st Class Firefighter /Inspector (One -Year Rotation Assignment)* Captain/Inspector* Captain/Training Year 1 *a/k/a Captain/Deputy Fire Marshal (title only) Year 2 Year 3 Assistant Fire Marshal *If implemented by the City TBD To be Determined Year 1 Year 2 Year 3 105.0% 116.5% 118.0% 120.0% Note: Once the emplovee leaves the position of Assistant Fire Marshal, the emnlovee will return to the Captain rate of mv. Battalion Chief Year 1 131.5% Year 2 133.0% Year 3 135.0% Effective January 1, 2008, personnel currently assigned to non -shift positions shall be compensated according to time already spent in the position (e.g. two years in position year 2 compensation, three years (or more) in the position compensated at the Year 3 level). *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. In 2009 and beyond, a minimum four (4) year commitment on day shift assignments (i.e. training and fire prevention) 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 during the fifth year, upon the opening of a vacancy on the 24 hour shift. If no opening occurs in the fifth year, the employee may return to the 24 hour shift at the completion of the fifth year. If the day shift position must then be filled with a mandatory assignment, the Chief and the Union shall negotiate the selection process. Involvement of members in specialty assignments will be on a continuous or rotation basis as part of their regular duties. City of Tukwila IAFF Local 2088 2009 -2011 Contract Page 14 ARTICLE 20 MISCELLANEOUS LEAVE A. BEREAVEMENT LEAVE In the event of a death in the immediate family 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, 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. B. 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. FMLA for LEOFF I employee shall incorporate the Memorandum of Understanding of 12/21/00. 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, parent, parent -in -law, or grandparent of the employee) in accordance with Federal and State Law. ARTICLE 21 ILLNESS OR INJURY LEAVE Each employee incurring an illness or injury shall receive sick leave benefits computed on the following basis: A. LEOFF I shift personnel one shift (24 hours) per month until a maximum of three shifts are accrued. B. LEOFF I forty hour per week personnel one day (8 hours) per month until a maximum of ten (10) working days are accrued. C. 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 City of Tukwila IAFF Local 2088 2009 -2011 Contract Page 15 to 792 hours. Benefits shall then be accrued at twelve (12) hours per month to a maximum of 1224 hours for 24 hour shift personnel; and eight (8) hours per month to maximum 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, which shall take effect upon signing of this Agreement by both parties. Bargaining unit members utilizing sick leave may voluntarily re -bank sick leave by working a shift on a future 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 administration of the "Debit List D. 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. E. 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) full or partial shifts for twenty -four (24) hour shift personnel and three (3) full 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 41.04.5 10 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 ten (10) 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 funds received connected with Workers' Compensation, or subsequent legislation, as long as they are maintained as a City employee. Refusal to return said funds shall be grounds for discharge and recoupment. In no way shall an employee be able to combine City or State provided funds 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 ten (10) 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 City of Tukwila IAFF Local 2088 2009 -2011 Contract Page 16 eligible to return to work as a firefighter, if a position is available, under the following conditions: 1. He /she must be released as rehabilitated by Labor and Industries. 2. He /she must be able to pass a departmental medical examination. 3. He /she must be able to perform the essential job functions. F. 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. 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 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 Fire 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. ARTICLE 23 UNION BUSINESS A. 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 manning. B. 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: 1. The City shall pay the required replacement, to maintain minimum manning levels, at their straight time hourly rate, for up to three (3) shifts total per year. 2. Replacements required to maintain minimum manning 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. C. 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 City of Tukwila 1AFF Local 2088 2009 -2011 Contract Page 17 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. D. 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. ARTICLE 24 VACATION LEAVE Vacation shall be figured on the following basis: FOR Fire Suppression Personnel (24 -hour shift) Upon successful completion of the first year of Tukwila Fire Department service, the employee shall have earned four (4) shifts of vacation. Vacation shifts shall be credited on anniversary dates. After the first year, vacation times shall accrue monthly for the purpose of termination, death or disability. Yearlv accrual shall be: #Shifts Minimum to be Taken Annuallv End of the 1 st year 4 shifts 50% Accrual /2 shifts End of the 2nd year 5 shifts 50% Accrual /2 shifts End of the 3rd year 6 shifts 50% Accrual /3 shifts End of the 4th to 5th year 7 shifts 50% Accrual /3 shifts End of the 6th to 8th year 8 shifts 50% Accrual /4 shifts End of the 9th year 9 shifts 50% Accrual /4 shifts End of the 10th to 13th year 10 shifts 50% Accrual 15 shifts End of the 14th to 17th year 11 shifts 50% Accrual 15 shifts End of the 18th to 21 st year 12 shifts 50% Accrual /6 shifts End of the 22nd year and above 13 shifts 50% Accrual /6 shifts If an employee is required by Article 13.13. and /or Article 24.J. to use vacation leave to fill a vacant FLSA period, that vacation leave shall count toward that employee's minimum annual required vacation use (to be taken annually per the above table). Personnel assigned to any other than the 24 -hour shift shall earn vacation benefits as follows: Vacation shall accrue at the rate of 96 hours following the twelfth (12 month of continuous employment and after permanent status has been granted. Eight (8) hour's vacation shall accrue for each month of continuous employment thereafter. After four (4) years, the employee shall earn 8 hours per year additional vacation to a total of 136 hours in the employee's ninth year of employment. City of Tukwila 1AFF Local 2088 2009 -2011 Contract Page 18 Vacations shall then annually accrue as follows: in each of the tenth (10"') and eleventh (11 years of service, the employee shall accrue 160 hours of vacation; in the twelfth (12 year of service, 168 hours; in the thirteenth (13 year, 176 hours; and in the fourteenth (14 year, 184 hours of vacation. From the fifteenth (15 to nineteenth (19 years of service, the employee shall accrue 200 hours of vacation. In the twentieth (20 year through the twenty -fourth (24 year of service, the employee shall accrue 208 hours of vacation. In the twenty -fifth (25th) year of service and beyond, the employee shall accrue 216 hours of vacation. Day schedule employees may take vacation leave in minimum amounts of two hours. Year Hours 1 -4 96 5 104 6 112 7 120 8 128 9 136 10 160 11 160 12 168 13 176 14 184 15 200 16 200 17 200 18 200 19 200 20 208 21 208 22 208 23 208 24 208 25 (cap) 216 Personnel assigned to any other than the 24 -hour shift may take vacation leave in minimum amounts of two hours. C. Upon termination from City employment, an employee shall be paid cash 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. D. No more than two (2) vacation days may be scheduled per shift prior to Kelly Day selection. E. 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 City of Tukwila IAFF Local 2088 2009 -2011 Contract Page 19 their vacation balance Thin 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 granted subject to the needs of the service. F. 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. G. 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. H. 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 G 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 I. Prior to September Kelly Day selections (Article 13 B.), 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. J. 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. 1. Employees with twenty (20) years of completed service may select up to six shifts (three work cycles) per selection round. 2. Employees with ten (10) years of completed service may select up to four shifts (two work cycles) per selection round. City of Tukwila 1AFF Local 2088 2009 -2011 Contract Page 20 3. 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. Since the employee is required to take 50% of his/her annual vacation, if an employee does not timely select his/her vacation cycle with the shift commander when the employee's turn come up, the vacation periods picks shall be made by the Fire Chief, or his designee (e.g. shift commander) and the picking process shall move to the next senior member of the shift. The vacation shift selection made by the Fire Chief shall not be cancellable. 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. K. Under the 48/96 schedule, after Kelly Day selections are conducted per Article 13 B., 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. L. The City and Union will come up with a mutually agreeable system that spreads vacations more uniformly over the calendar year, when employees are working the 48/96 schedule. The Chief and Union will work out an understanding that will be memorialized in a TFD policy or in an MOU and negotiate the effects of the understanding reached between the Chief and the Union. ARTICLE 25 DISCIPLINE AND DISCHARGE A. 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. B. 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. C. 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 City of Tukwila IAFF Local 2088 2009 -2011 Contract Page 21 violation and the employee have the opportunity to present hider side of the issue. D. 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. E. 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. F. No disciplinary documentation may be placed in an employee's personnel file that is within the Employer's control without going through step C above. The employee shall sign/acknowledge the disciplinary document, with the understanding that the material will go into his/her personnel file. G 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. H. 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. I. Generally, if the employee continues to disregard an oral reprimand /counseling, a written reprimand, or more serious discipline, will be issued. J. No appeal of discipline shall be subject to arbitration under the terms of Article 27, Grievance Procedure, without approval of the Union. 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. City of Tukwila 1AFF Local 2088 2009 -2011 Contract Page 22 ARTICLE 27 GRIEVANCE PROCEDURE A. 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 C.1., below). However, the individual employee has additional rights pursuant to RCW 41.56.080. B. 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, Section (C)(3). No grievance of discipline shall be subject to arbitration under the terms of Article 27, Grievance Procedure, without approval of the Union. C. Procedure 1. Any member or group of members of the bargaining unit that believe he /she or they have been aggrieved must, within fourteen (14) calendar 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 "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). City of Tukwila IAFF Local 2088 2009 -2011 Contract Page 23 7 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. 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. 3. If, after fifteen (15) calendar 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), unless 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. D. 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. 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 City of Tukwila IAFF Local 2088 2009 -2011 Contract Page 24 agreement that cannot be resolved under Article 27, Section (C) (1) or Article 27, Section (C) (2) shall be resolved through Article 27, Section (C)(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. ARTICLE 28 MILEAGE 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: A. Any local basic Recruit Academy is considered as a City work station and thus is excluded from the reimbursement provisions; and B. 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 ARTICLE 29 PROMOTIONS The following guidelines shall govern all promotions for positions within the established bargaining unit: A. 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. B. 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. C. 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. ARTICLE 30 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. City of Tukwila 1AFF Local 2088 2009 -2011 Contract Page 25 ARTICLE 31 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: A. during a period of justified suspension for disciplinary reasons for a period of thirty (3 0) days or more, B. during a period of an unpaid leave of absence, C. during a period of layoff. ARTICLE 32 STAND -IN Section A. 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 changes shall follow the procedures outlined in a departmental policy on the subject. 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. Section B. 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. Section C. 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. These exchanges are private arrangements between individual employees, and the employer has no duty to police or enforce these arrangements. City of Tukwila IAFF Local 2088 2009 -2011 Contract Page 26 ARTICLE 33 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: A. 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. B. 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. ARTICLE 34 PHYSICAL FITNESS Purpose: The purpose of the 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 the fitness program by providing adequate funding for equipment, periodic physical assessments, and time for daily fitness activities. The Union and employees agree to support the fitness program by accepting mandatory daily on -duty participation for all members who respond to emergency operations. Committee: The management -labor fitness committee has been established to research, implement and monitor the physical fitness program. The committee shall define issues and make recommendations to the Fire Chief on issues relating to medical screening of employees, minimum levels of physical fitness, assessment of employee fitness, exercise routines for promoting fitness, and the administration of the program. Medical Screening: Fitness program administrators contracted by the City shall screen program participants with a risk assessment to discover those who might need a medical exam prior to participating in the fitness program. Employees at high risk shall see a physician of their choice to be cleared for participation. The physician shall either assess the employee's fitness level and recommend a fitness program for the employee, or shall clear the employee for participation in the departmental fitness program, assessment City of Tukwila IAFF Local 2088 2009 -2011 Contract Page 27 and subsequent fitness routine Fitness Assessment and Fitness Routine Recommendations: Fitness assessment shall be conducted at least annually. Assessment shall include, but shall not be limited to cardiopulmonary fitness, body composition, flexibility, strength and blood pressure. The program will use a peer fitness trainer option, so that properly trained employees can administer assessments and fitness routines. If the peer fitness trainer option proves unsatisfactory to either the department or the union, the program shall use a professional fitness trainer(s) to conduct assessments and to issue fitness routine recommendations. Fitness routine recommendations shall include physical activities in which the employee will participate during on -duty fitness drill. All employees shall have their fitness routine recommendations updated at least once each year, from either their personal physicians or the departmental fitness program. Fitness Drill: Daily fitness drills shall be mandatory and shall be documented as such on the station monthly fitness log. 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. Each employee shall follow his or her individual fitness routine recommendation, designed to improve flexibility, and aerobic and strength capacity to meet the demands of the job. 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. Confidentiality: Results of medical screening, fitness assessment and fitness routine recommendations shall remain confidential between the physician or fitness trainer and the employee, unless a release of such information is agreed by the employee. Individual results of medical screening, fitness assessment, and fitness routine recommendations shall not be disclosed to any other City employee, except for the employee being screened, assessed or recommended, except as provided in this section. Under the peer- fitness trainer option, the employee designated as the trainer may also have access to individual results of employees whom he or she is assigned to train, with the written permission of the employee. Further, departmental or shift fitness results may be aggregated for the purposes of evaluating the program as a whole and educating employees, so long as these results do not disclose an individual's identity or other confidential information. Discipline: Employees may be disciplined for failure to participate in fitness drill. No employee shall be disciplined for failure to meet any recommended fitness standard, except as provided in Savings below. No employee shall be disciplined for failure to participate in fitness drill when other departmental tasks take priority, such as responding to emergency calls or returning equipment and apparatus to emergency readiness. Discipline for failure to participate in fitness drills may be administered when: (1) the employee has received a fitness screening, evaluation and fitness routine recommendation, and (2) adequate equipment and time has been made available during the regular business day. Costs of the Program: City of Tukwila L4FF Local 2088 2009 -2011 Contract Page 28 Costs involved in the maintenance of this program shall be borne by the City. Moneys shall be adequately budgeted annually for appropriate equipment expenses and fitness screening /assessment and fitness routine recommendation costs. Savings: The fitness program will not be used to identify an employee for medical testing for fitness for duty. However, nothing herein shall be construed to undermine the Employer's right to continue to require fitness for duty evaluations based upon observable limitations, observed outside fitness assessments, or fitness drills conducted under this Article. Likewise, the parties agree that an employee's inability to perform an essential element of the job is a separate issue and that removal from the workplace or discipline shall be for cause under the terms of the labor agreement or for disabling illness or injury under Article 21 and applicable laws. In such cases, the Department may provide the employee a reasonable period of time to achieve the ability to perform, so continued employment does not compromise the health or safety of the employee, members of the Fire Department, or the public. SIGNED THIS 5 -d DAY OF u�lTVl 2009. IAFF LOCAL NO. 2088 FOR THE CITY OF TUKWILA 44 lo q 1�95 Steve K. Rydeen, PreAdent J' aggert ayor IAFF Local #2088 &1rY OF ILA Date: J 41 qw7 U Attest: Christy O Flaherty, City Clerk J Y City of Tukwila IAFF Local 2088 2009 -2011 Contract Page 29 48/96 MEMORANDUM OF UNDERSTANDING Attachment A Article 24, I. of the 2008 Collective Bargaining Agreement (CBA): Prior to September Kelly Day selections (Article 13 B. of the CBA), each shift suppression employee may select vacation leave for the subsequent year. The employees shall select this leave in blocks of two consecutive 24 hour shifts bounded on both sides by regularly scheduled 96 hours off. Procedure: 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 one regular shift work cycle; then less senior members, in order of seniority, each select one regular shift work cycle. This selection process is then repeated once again, starting with the most senior shift member selecting one regular work cycle, with less senior employees following in order of seniority. At the conclusion of this process, each employee will have up to four vacation shifts scheduled. During this contractual vacation selection process, no more than two (2) employees may schedule vacation leave on a given shift day. Each shift commander shall administer the selection process. If an employee does not timely select his/her vacation cycle, the selection choice shall move to the next senior member of the shift. Upon the least senior employee's selection of a vacation cycle, further vacation selections shall proceed as outlined by TFD policy. City of Tukwila 1AFF Local 2088 2009 -2011 Contract Page 30 48 /93 OF UNDERSTANDING Attachment B Article 13, B. Subject to the provisions set forth in this MOU, 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 thirteen (13) shifts off (Kelly Days) from this schedule which will result in a normal schedule of 2608 hours per year. Kelly Days for shift personnel shall be limited to thirteen shift selections per year. The work period under the 48/96 schedule, for FLSA purposes, shall be twenty four (24) days for shift personnel. Prior to March 31 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 May through the end of the FLSA period that immediately precedes the first FLSA period that begins in the following November. Prior to September 30 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 November through the end of the FLSA period that immediately precedes the first FLSA period that begins in the following May. During each of the two annual Kelly Day selection periods, each employee shall choose no less than six (6) Kelly Days and no more than seven (7) Kelly Days, totaling thirteen (13) Kelly Days annually. Cost Neutrality: The May and September Kelly Day selection process, each employee shall identify FLSA periods in which he /she has scheduled a vacation shift(s), and then must select Kelly Days in FLSA periods other than those periods that contain vacation shifts, until each FLSA period contains either a vacation shift or a Kelly Day. When every FLSA period contains either a vacation shift or Kelly Day, the employee may then select any remaining Kelly Days in FLSA periods that also contain a vacation shift(s). 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 any member of a shift fail to choose their Kelly Days and turn it into the responsible shift officer, the officer 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 March 31 and September 30. 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. City of Tukwila IAFF Local 2088 2009 -2011 Contract Page 31 48/96 MEMORANDUM OF UNDERSTANDING Attachment C Adjustment of Normal Work Hours A. Fatigue and Rest 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 shift commander may adjust the work schedule for the work day of the second shift of the 48 hour work cycle. B. Productivity and 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. City of Tukwila IAFF Local 2088 2009 -2011 Contract Page 32 IRRV 48/96 MEMORANDUM OF UNDERSTANDING Attachment D Calendar Adopted by Reference City of Tukwila IAFF Local 2088 2009 -2011 Contract Page 33