HomeMy WebLinkAbout12-080 - IAFF Local #2088 - 2012-2013 Labor Agreement (Firefighters)12 -080
Council Approval 6/25/12
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.
Tukwila MFF 2088 Fined 2012 -13 CBA Page I
TABLE OF CONIENTS
2012 -2013 LABOR AGREEMENT
Between City of Tukwila and Firefighters Local No. 2088
STATUTORY RIGHTS /REGL-LATIOVS
ARTICLE1 DISCRIMINATION 3
ARTICLE2 DURATION 3
ARTICLE3 MANAGEMENT RIGHTS 3
ARTICLE4 RECOGNITION 4
ARTICLE5 SAVINGS CLAUSE 4
ARTICLE 6 SUPPLEMENTAL AGREEMENTS 4
ARTICLE7 UNION SECURITY 5
ARTICLE8 WORK STOPPAGES 5
ARTICLE9
ACTING PAY
ARTICLE10
CLOTHING ALLOWANCE
5
ARTICLE11
EDUCATION ALLOWANCE
6
ARTICLE12
HOLIDAYS
8
ARTICLE13
HOURS OF WORK
8
ARTICLE 14
INSURANCE COVERAGE
11
ARTICLE15
LONGEVITY....
13
ARTICLE 16
ON -CALL PERSONNEL
13
ARTICLE 17
OVERTIME AND CALLBACK
14
ARTICLE 18
SUPPLEMENTAL PENSION PLAN
15
ARTICLE19
WAGES
15
PAID LEAVE BENEFITS
ARTICLE 20
MISCELLANEOUS LEAVE
17
ARTICLE 21
ILLNESS OR INJURY LEAVE
18
ARTICLE 22
JURY DUTY LEAVE
19
ARTICLE 23
UNION BUSIN' ESS
20
ARTICLE
VACATION LEAVE
21
PERSONNEL POLICIES
ARTICLE 25
DISCIPLINE DISCHARGE
25
ARTICLE 26
DRUG AND ALCOHOL TESTING...
26
ARTICLE 27
GRIEVANCE PROCEDURE
26
ARTICLE 28
PROMOTIONS
28
ARTICLE39
SAFETY
29
ARTICLE30
SENIORITY
29
ARTICLE31
STAND- IN
29
ARTICLE32
SUBSISTENCE
30
ARTICLE 33
PHYSICAL FITNESS
31
Appendix A CLOTHING ALLOWANCE MATRIX 34
Tukwila IAFF 2088 Final 201 CBA Page 2
The Employer and the Union agree not to discriminate against any employee by reason of membership
or non membership in the Union, race, reli <gion, creed, color, national origin, age, sex, or anv 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.
This agreement shall become effective January 1, 2012 and shall remain in full force and effect
through December 31, 2013 The parties agree that negotiations regarding a subsequent agreement
shall commence as required by State statutes.
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 clays 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 rude, 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 of 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.
Tarhgvila 1AFF 2088 Final 2012 -13 CBA Page 3
33.5 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 Emeruencv Management Director, Mayor, County, Governor, or
President.
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).
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.
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, LEOFF I sick leave and MERP. The MOU combining Lieutenant and Fire Prevention
Officer shall remain in effect. The current Drug and Alcohol testing procedures (Article 26) will be
amended as agreed by the parties 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.
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.
Tukwila 1AFF 2088 Final 2012 -13 CBA Page 4
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 1 /0 of the amount equal to current Union dues uniformly levied against all Union members,
to a nonreligious charity as set forth in RCW 4156.122. 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.
t
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.
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 42088 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
$23,320 (2012), $24,719 (2013).
Newly hired employees shall have all initial required uniforms (referenced below-) provided by the
City. A11 regular shift employees shall receive $330 annual clothing allowance, paid prorated to the
upcoming January.
Tukwila 14FF 2088 Final 2012 -13 C13A pale 5
Non -shift (day) personnel shall receive $500 annually as a clothing allowance, paid by the end of
January for the current gear.
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 ftirnished 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" unifonn (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.
For administrative and information purposes, approved Uniform items are to be set forth in Appendix
"'A" to this Agreement.
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.
Tukwila 1AFF 2088 Final 2012 -13 CBA Page 6
11.2 Education Allowance
The Employer shall budget a total of 5200 (20 12) and $300 (2013) per union member into a pool for
educational purposes for those union members employed as of January 1 each year.
To insure there are funds for the entire year the total education allowance may 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.
113 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.
11.3.1 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.
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 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.
Tukwila L4FF 2088 Final 2012 -13 CBA Page 7
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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
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
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.
MOM
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 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 FLEA 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 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.
Tukwila IAFF 2088 Final 201' -13 CBA Page 8
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 FLEA purposes, shall be twenty four (24) days
for shift personnel.
13.3 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 FLEA 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 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 September 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. 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
Tukwila 1AFF 2088 Final 2012 -13 CBA 2.584 Page 9
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 belly 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.
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 13.61 and 13.6.5 do
Tmk wilaL1FF2088 Final 2012 -13 CB44 Page 10
not apply to Light Duty. If a light duty assignment is made available. the Chief will determine
the length of the assigm 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,
includin 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 lunch, two fifteen minute breaks and one hour of physical fitness training. The
hours between 1700 and 0 700 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.
R
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. 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.
14.1.2 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.
14. 13 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 eight percent (8
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
Tukwila L4FF 2088 Final 2012 -13 CBA Page 11
the Self- Insured Medical Plan benefits so that the increase in premium costs does not exceed the
stated amount.
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 $400 per calendar year. All eyewear shall be limited to a number one (1) tint.
14.4 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.
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 MERP shall be administered in accordance with the MOU between the parties and dated
May 12, 2009. The Union has requested of the Employer to become a part of the Washington
State Council of Firefighters Employee Benefit Trust, hereinafter referred to as (`WSCFF
EB"T 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.
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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 jointy through their Union agree that the Employer shall make
Tukwila L4F`F2088 Final 2012 -13 CBA Page 12
monthly contributions on a pre -tax basis in the amount of Seventy Five and no/I 00
Dollars ($75.00 US) from the base salary of each employee in the Union to the WSCFF
EBT.
14.6.4 Such contrrbutions shall be included as base salary for the purpose of calculating
retirement benefits.
14.6.5 The Employer shall be obligated for payment of contributions in the amount provided
above, by the twentith (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.
14.6.6 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
A 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.
14.6.7 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.
14.6.8 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.
14.6.9 The Union warrants 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.
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.
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
WIM119JR3111 -4
16.1` Certified officers (fire investigators, safety /public information officers) personnel shall be on
call and available to respond to fire incidents and other emergencies when assigned by the Chief
after consultation with the qualified individual(s). Certifications as both Incident Safety
Officer and Public Information Officer are required to fulfill the position of on -call safety /public
Tukwila LAFF 2088 Final 2012 -13 CB.4 Page 13
information officer.
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.
16.2 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.
163 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.
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 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.
1.7.2 Replacements, for employees off on Union business pursuant to the provisions of Article 2(B)
shall be compensated at their straight time hourly rate.
173 All eligible personnel 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 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
Tukwila 1AFF 2088 Final 2012 -13 CBA page 14
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.
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.
The following monthly wage rates shall be in effect throughout the term of this agreement:
19.1 The following Wage Differentials are hereby established:
Probationary Firefighter
80%
3rd Class Firefighter
85%
2nd Class Firefighter
90%
1'i,bvila 1AFF2088 Final 2012-13 C'BA Page 15
I st Class Firefighter
100 0 /'0
Captain /Inspector
115°x0
Battalion Chief
130%
19.2 The following General Wage Adjustments shall apply:
Effective on the January dates shown below, a general wage increase of 3.0% (2012) and 2.0 1 i6
(201 3) shall be granted, which shall be added to the first class firefighter rate.
Fire Department Title
1/1/12
I /1/13
Year 3
135.0%
3.0%
2.0%
Probationary Firefighter
80%
$5,233
$5.338
Class Firefighter
85%
$5,561
$5,672
12 Class Firefighter
90 0 /'0
$5,887
$6,005
11 st Class Firefighter
100%
$6,542
$6,673
Captain/Inspector
115%
$7,523
$7,67'
Chief
130%
I $8,505
$8,675
Plus, a 4.0% lump sum payment shall be paid to bargaining unit members, calculated on the
employee's 2011 base wages plus longevity pay. Such payment shall be paid within sixty (60)
days after contract signing by both parties.
19.3 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.
19.4 Non -Shift Personnel shall receive the following wage differentials:
1 st Class Firefighter /Inspector (One -Year Rotation Assignment)* 105.0%
Captain/Inspector* Captain/Training Year 1 116.5%
*a/k/a Captain/Deputy Fire Marshal (title only) Year 2 118.0%
Year 3 120.0%
Assistant Fire Marshal Year 1 TBD
*If implemented by the City Year 2 TBD
TBD To be Determined Year 3 TBD
Note: Once the employee leaves the position of Assistant Fire Marshal, the employee will
return to the Captain rate of pay.
Battalion Chief Year 1
131.5%
Year 2
133.0%
Year 3
135.0%
Tzi" 1AFF 2088 Final 2012 -13 CR4 Page 16
Effective January I 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
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.
20.1 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, domestic partner, soil,
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.
202 FAMILY LEAVE Available to employees as provided for under RCW 49.12 (Family Care);
RCW 49.78 (Washington Family Leave Law); 29 CF'R 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.
Understanding
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.
Tukwila L4FF 2088 Final 2012-13 CBA Page 17
ARTICLE 21 ILLNESS OR INJURY LEAVE
Each employee incurring an illness or injury shall receive sick leave benefits computed on the
following basis:
2 1. 1 LEOFF I shift personnel one shift (24 hours) per month until a maximum of three shifts are
accrued.
21.2 LEOFF I forty hour per week personnel one day (8 hours) per month until a maximum of ten
(10) working days are accrued.
21.3 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 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 noel -shift personnel. Atwenty -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 ma v volunteer to be mist on u "Debit Days" list to fill vacancies which would cause shifts to fall below
minimum staffing: Hours worked bv one emplo shall not exceed the number of sick leave hours used by that
employee over the past 12 months. Employees that volunteer to tivork 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
214 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.
21.5 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
Tukwila 1 AFF 2088 Final 2012 -13 CBA Page 18
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 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 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 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 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.
21.6 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.
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.
Tukwila JAFF 2088 Final 2012 -13 CBA Page 19
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.
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 manning.
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:
232.1. 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.
23.2.2. 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.
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.
Tukwila L.4FF 2088 Final 2012 -13 CBA Page 20
Vacation shall be figured on the following basis:
24.1 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.
Yearly accrual shall be:
4Shifts
Minimum to be Taken Annually*
End of the 1 st year
4 shifts
End of the 2nd year
5 shifts
End of the 3rd year
6 shifts
End of the 4th to 5th year
7 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 /5 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
*The minimum to be taken annually shall apply after the employee's 60 month of
employment
If an employee is required by Article 13.3 and /or Article 24.9 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).
24.2 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.
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.
Tukwila LAFF 2088 Final 2012 -13 CBA Page 21
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.
24.3 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.
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 granted subject to the needs of the service.
Tukwila 1AFF2088 Final 2012-13 C'BA Page 22
24.6 If an employee is prevented by injury or illness from working a fill 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 Ioss 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 Prior to September Kelly Day selections (Article 133), each shift suppression employee shall
select vacation heave 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.
2. Employees with ten (10) years of completed service may select up to four shifts (two
work cycles) per selection round.
3. Employees with less than ten (10) years of completed service may select up to two
shifts (one work cycle) per selection round.
Tukwila JAFF 2088 Final 2012 -13 CBA Page �3
Each shift commander shall administer the selection process. If the employee is required to take
50% of his /her annual vacation, and if an employee does not timely select his /her vacation cycle
with the shift commander when the employee's horn come up, the vacation periods picks shall
be made by the 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.
Prior to September Kelly Day selections (Article 13.3 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.
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 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.
Tukwila IAFF 2088 Final 2012 -13 CBA Page 24
nai i��
25.1 Employees may be disciplined for' Z:�,
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 2 5 and 27. However. when the grievance is submitted to the Fire Chief
within the time frames established in Article 27, this shall constitute all 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
nee to discuss the alleged violation. At
his/her designee an opportunity to meet with the Chief or zIn
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. 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.
Tukwila JAFF 2088 Final 2012-13 CBA Page 25
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 bevond 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 Generallv, 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.
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.
27.1 Purpose
The purpose of this grievance procedure is to provide an orderly method for resol`ang 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 RC W 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.
Tubvila 1AFF 2088 Final 2012 -13 CBA Page 26
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. Anv 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 "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), 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).
Tuktivila LAFF 2088 Final 201' -13 CBA Page 27
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 agreeineflt 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 Aareement 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.
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 under Article 27. I or Section 27.32 shall be resolved through
Article 27.' ).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 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 J 'ob duties and ability to perform all requirements of the position.
283. 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.
Tukwila JAFF 2088 Final 2012-13 CB-4 Page 28
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.
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.
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 payback 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
Tulavila 1AFF 2088 Final 2012 -13 CBA Page 29
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.
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 persorulel 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 Citv
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.
Tukwila L4FF 2088 Final 2012 -13 CBA Puge 30
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
33.1 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.
33.2 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.
333 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
and subsequent fitness' routine recommendations.
33.4 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
Tiobvila IAFF 2088 Final 2012 -13 CBA Page 31
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.
33.5 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.
33.6 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.
33.7 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.
33.8 Costs of the Program:
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.
33.9 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
Tmkivilca 14FF 2088 Final 2012-13 CBA Page 32
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 `I F IIS �d DAY OF
IAFF LOCAL NO. 2088
Steve K. Rydeen, Presicnt
IAFF Local 42088
Date:
Attest:
Christy O'FIa erty, City Clerk
2012
Tuh vila L4FF 2088 Final 2012 -13 CBA Page 33
Appendix A
Clothing Allowance Matrix 2012 -13
Uniform Item
Quantity
Service Years
Approximate Cost
Ave Cost Per Year
``C" Coat
1
10
$300.00
$30.00
Boots
1
2
$300.00
$1 50.00
T Shirts
6
2
$90.00
$46.00
Belt
2
10
$60.00
$6.00
Ball Cap
1
3
$20.00
$7.00
Watch Cap
1
5
$26.00
$5.00
Sweat Shirt
2
3
$130.00
$40.00
Class "A" Collar
1
10
$70.00
$7.00
Class "A" Uniform
l
20
$800.00
$40.00
$1,795.00
$330.00
Tukwila 14FF 2088 Final 2012 -13 CBA Page 34