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HomeMy WebLinkAboutRes 0635 - 1978-1979 IAFF Union Local #2088 (Firefighters) A RESOLUTION AUTHORIZING THE MAYOR TO SIGN THE LABOR AGREEMENT BETWEEN THE CITY OF TUKWILA AND IAFF 2088 FOR THE YEARS 1978 AND 1979. THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DOES RESOLVE AS FOLLOWS: APPROVED AS TO FORM: LEPUTY CITY ATTORNEY WASHINGTON RESOLUTION NO 635 That the Mayor is hereby authorized to sign the Labor Agreement between the City of Tukwila and the International Association of Firefighters Local NO. 2088 for the period of January 1, 1978, through December 31, 1979. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a regular meeting thereof this day of 1978. ATTEST: MAYOR V CQU 4CIL ACTION DATE AGENDA ACTION ,TYPE IT AGREEMENT 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 Local #2038, 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. ARTICLE I 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 II 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 within ten (10) working days of employment. If such notification is given, the Employer shall deduct 75 percent of the amount equal to current Union dues uniformly levied against all Union members to be given to a predetermined charity. Nothing in this Article shall be construed to require a member of the Tukwila Fire Department to join the Union as a condition of continued employment. ARTICLE III 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 lock -out of the employees. Any or all employees who violate any of the provisions of this article may be discharged or otherwise disciplined. ARTICLE IV 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, or sex. ARTICLE V UNION BUSINESS Employees elected to Union office shall be granted reasonable time off with pay for the purpose of attending conventions, conferences, and seminars provided that advance notification of the necessity for such time off is provided to the Fire Chief and further provided that a replacement is designated through the trading of shifts to insure that the operational effectiveness of the Department is not impaired. Reasonable time with pay shall be granted for the purpose of negotiating the Agreement. Reasonable time with pay shall be granted for the purposes of administering the Agreement as well as to attend joint labor /managem::ent relations training conferences provided such leave does not: (a) exceed a total of three shifts per year, or further provided, (b) in the event a replacement is required to maintain manning levels, such replacement shall be compensated at his regular straight time hourly rate. ARTICLE VI MANAGEMENT RIGHTS The management of the Fire Department and the direction of the work force is vested exclusively with the Employer subject to the terms of this 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 the language of this may be administered for its duration by the Employer in accordance with such policies and procedures as it from time to time may determine. 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 notification 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. ARTICLE VII EDUCATIONAL ALLOWANCE The Employer shall provide $125.00 educational allowance, per calendar year, for each employee, provided the City's total contribution does not exceed $100.00 per member average. To insure equality, each member may be reimbursed up to $100.00 through October 15; thereafter, through October 31, each member may submit additional vouchersfor.payment up to $125.00 total. Total reimbursement above $100.00 is dependent on the amount remaining in the educational allowance budget. If total reimbursement of $125.00 to all members submitting vouchers between October 15 and October 31 is not possible, the funds remaining in the educational budgetsha.11be distributed equally among all members submitting vouchers. Members shall be reimbursed for: 1. A11-.Fire Service college courses and Fire Service degree course requirements for registration and required books. 2. Reimbursement up to $30.00 of the above allowance per year for Fire Service related books not covered under Item 1, as approved in advance by the Chief of the Fire Department. 3. Reimbursement shall be given upon successful completion (C grade or better) of Fire Service college courses and Fire Service degree course requirements. 4. Advance prepayment will normally be made by the City when requested by employee for Tukwila Fire Service related classes, seminars and -2- non credited classes. Documentation will be submitted to the City, for vertification by the employee requesting the advance. ARTICLE VIII SHIFT CHANGES Employees shall have the right to exchange shifts or portions thereof when the change does not interfere with the best interest of the Fire Department. Such exchanges shall be with the advance approval of the Fire Chief or in his absence, the ranking officer, and shall not result in any overtime payment. ARTICLE IX HOURS OF WORK The normal work schedule for firefighters who have completed their probation period and assigned to the platoons will be an average of 56 hours per week. The normal schedule shall be 24 -hour shift on (including sleeping time); 24 hours off; 24 -hour shift on (including sleeping time); 24 hours off; 24 -hour shift on (including sleeping time); 96 hours off and repeating. All benefits and pay to be computed on the basis of 2,912 hours worked per year for full -time_ shift personnel. The probationary firefighter, 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 Chief, Training Instructor and President of the Union. Probationary firefighters shall work no more than a 48 -hour week during the initial 10 -12 week training period. Other bargaining unit employees shall work a normal work week of 40 hours. 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 projects. ARTICLE X OVERTIME AND CALL BACK 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 the straight time rate for all employees. Probationary employees are not eligible for overtime until the successful completion of the probationary period. A. In the 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 by telephone. B. Replacements for employees off on union business pursuant to the provisions of Article V, paragraph 3, shall be compensated at their straight time hourly rate. C. All personnel dispatched with plectrons and able to respond to a call before the dispatched engine is back in service will receive a minimum of one hour overtime for their response. D. An overtime list shall be established and maintained monthly with the employee having the least amount of overtime, to be called back by telephone first, excepting in emergencies as determined by the officer in charge. The maintenance of the overtime list shall be the responsibility of the union. All overtime pay earned during a pay period will be paid to the employee with his end of the month pay check for that period. -3- An employee who is required to serve on a jury shall be allowed authorized leave with pay less any amount received for such service. 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 XII HOLIDAYS Twenty -four hour shift personnel shall receive 100 hours of straight time pay in lieu of holidays. Such payment shall be made with the November end of- the -month paycheck of each year, and pro -rated for new or terminating employees. Other personnel shall receive the following holidays off with pay in accordance with City Ordinance #985: New Year's Day Lincoln's Birthday Washington's Birthday Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Day Christmas Day One floating holiday chosen by the employee given 14 days notice. January 1 February 12 3rd Monday in February Last Monday in May July 4 1st Monday in September November 11 4th Thursday in November 4th Friday in November December 25 ARTICLE XI JURY PAY ARTICLE XIII VACATIONS Vacation will be figured on the following basis: A. Fire Suppression Personnel (24 -hour shift): Upon successful completion of the first year of Tukwila Fire Department service, the employee will be awarded three shifts of vacation. Vaca- tion shifts will be credited on anniversary dates. After the first year, vacation time will accrue monthly for the purpose of termination, death or disability. Yearly vacation accruals shall be: End of the 1st year End of the 2nd year End of the 3rd year End of the 4th to 8th years End of the 9th year and above -4- 3 shifts 5 shifts 6 shifts 7 shifts 8 shifts B. Personnel assigned to any other than the 24 -hour shift shall receive vacation benefits as follows: Annual leave shall accrue at the rate of twelve full days following the twelfth month of c Sinuous employment and after permanent status has been granted, anill additional one day's annual leave shall accrue for each month of co!i uous employment thereafter. After five years, the employee shall be granted one day per year additioanl annual leave to a maximum of twenty days per year. In the the employee shall be entitled to one twelfth for each full month of employment. C. Upon termination from city employment, an empl cash at the normal rate of pay for his or her provided permanent status has been attained. case of termination, of the annual leave oyee shall be paid unused annual leave, Personnel may accumulate up to two years' accrued vacation.. No vacation of less than one shift /day will be granted. Vacations will be granted subject to the needs of the service. If an employee is prevented by injury or illness from working a full month, he will nevertheless be entitled to annual leave payment for that month, provided he has accrued sick leave sufficient to cover the remaining days of the month. ARTICLE XIV NON -DUTY ILLNESS OR INJURY LEAVE Each employee incurring a non -duty illness or injury shall receive sick leave benefits computed on the following basis: A. Twenty -four hour shift personnel one shift (24 hours) per month until a maximum of three (3) shifts are accrued. B. Forty -hour per week personnel one day (8 hours) per month until a maximum of ten (10) working days are accrued. An employee will be required to have the certification of a physician when deemed necessary by the Chief for a non -duty illness or injury leave. Sick leave benefits shall be non cumulative and no cash payment shall be made upon termination, retirement, or death of an employee. ARTICLE XV DEATH IN FAMILY A. In the event of a death in the immediate family of an employee required absence from duty, the employee shall be granted up to two (2) shifts running consecutively (or days in the case of forty -hour personnel) with pay. The immediate family shall be defined as spouse, children, grandparents, parents, and brothers or sisters of the employee, and parents of the employee's spouse. B. Available sick leave may be granted upon permission from the Chief of the Department, or in his absence, the Senior Officer in charge, in the case of sudden family emergencies. ARTICLE XVI CLOTHING ALLOWANCE Employees hired before January 1, 1976, will be provided $175 a year for clothing allowance to be paid at the end of January. Employees hired after January 1, 1976, will be reimbursed up to $350 for clothing allowance upon completion of their probationary period. Thereafter, he will receive the $175 yearly allowance within 30 days following his anniversary date, beginning with the first anniversary date. It is the employee's responsibility to maintain and replace the uniforms as needed. Any addition or deletion of the uniform requirement 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. -5- No clothing or protective equipment purchased or obtained with City funds for the employee, while still in a serviceable condition will be worn at any time while off duty except with the permission of the Fire Chief, with the exception of one hour prior to an employee's duty hours, and one hour after going off duty. Further, no unserviceable uniform may be worn as a recognizable uniform (shirt -pant, coat -pant combination, or with Fire Department badge or shoulder patch). A violation of either of these will mandate from the Chief the following disciplinary action: 1st Offense $10.00 forfeiture 2nd Offense $25.00 forfeiture 3rd Offense or more one shift off without pay. This article in no way relinquishes the employee's right to use the Grievance Procedure. ARTICLE XVII WAGES Wages shall be paid in accordance with Appendix A. ARTICLE XVIII LONGEVITY PAY After five years of continuous full -time employment with the City, the eligible employee shall receive an additional $5 per month ($60 per year). And for each additional year of continuous full -time employment thereafter, the eligible employee shall receive an additional sum of $5 per month ($60 per year). ARTICLE XIX MILEAGE Personnel required to provide private transportation to attend schools, seminars, or courses required by the Fire Chief shall be reimbursed at the rate of fifteen (15) cents per mile. ARTICLE XX SUBSISTENCE In the event that employees are required to attend department authorized schools, seminars, or courses which require meals or lodging expense, such actual expenses shall be reimbursed upon presenting receipts thereof to the Fire Chief for his approval. ARTICLE XXI ACTING PAY Each employee who is assigned to work in the capacity of Lieutenant or above for one shift (24 hours) or more shall be paid the rate of pay for such rank for all shifts worked. -6-- ARTICLE XXII GRIEVANCE PROCEDURES An alleged violation of any term of this Agreement or the application of any policy, rule or regulation regarding conduct or work performance, other than matters governed by Civil Service rules or statutory provisions relating thereto, shall be settled in the following manner: A. Any member or group of members of the bargaining unit that believes he or they have been aggrieved must, within fourteen calendar days of his or their knowledge of being aggrieved, submit a written statement of the grievance to the Local's Grievance Committee, consisting of three members of the Local. 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. B. If the Grievance Committee determines that a grievance does exist, a representative of the Committee and either the indi- vidual or a representative of the group aggrieved, shall present to the Chief of the Fire Department a written statement setting forth the nature of the grievance, the facts on which it is based and the relief requested. The aforesaid presentation shall be made within fourteen calendar days of receipt of the grievance by the Grievance Committee. If the grievance has not been settled within ten working days after submittal to the Chief of the Fire Department, it shall irn;iediately be submitted to the Mayor of Tukwila for his consideration. C. If, within ten working days after the grievance has been submitted to the Mayor of Tukwila, no settlement has been reached, then the grievance shall be submitted to a recognized arbitrator in accor- dance with the American Arbitration Association's procedures. Initiation of arbitration shall be made within fifteen calendar days after the decision of the Mayor. The arbitrator shall conduct a hearing and his findings shall be binding on alT parties, who shall share the costs of such proceedings on an equal basis. 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 ARTICLE XXIII SUPPLEMENTAL AGREEMENTS 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 has 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. -7- ARTICLE XXIV SAVINGS CLAUSE. If any provision of this Agreement or the application of such provisions 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. ARTICLE XXV DURATION This agreement shall become effective January 1, 1978, and shall remain in full force and effect through December 31, 1979. The parties agree that negotiations regarding a subsequent agreement shall commence as required by State statutes -8-- APPENDIX A' 'WAGES The following wage rates will be effective January 1, 1978, through December 31, 1978: Probationary Firefighter $1,152.60 3rd Class Firefighter 1,220.18 2nd Class Firefighter 1,288.98 1st Class Firefighter 1,356.58 Lieutenant /Inspector 1,491.74 Captain 1,560.56 Effective January 1, 1979, the above salaries shall be increased by the percentage change in the Consumer Price Index, as published by the Bureau of Labor Statistics using the Index of Urban Wage Earners and Clerical Workers, (revised) for -the January 1978 January 1979 (Base 1967= 100 /si The minimum increase as a result of this formula shall be 4.0 percent and the maximum increase shall not exceed 8.0 percent. In the event of changes in the computation of the above referenced CPI by 'the BLS prior to January 1979, upon written notice by either party, the parties shall renegotiate the terms of this portion of Appendix A. FOR THE UNION: resident ATTEST: City Clerk APPEND]:X B MEDICAL, DENTAL, AND LIFE INSURANCE Section 1. Medical coverage for all employees covered under this Agreement will continue in force and continue to be paid by the Employer. The employee's spouse and minor dependants shall continue to be furnished the opportunity for medical coverage under the GHC or WPS. Effective January 1, 1978, the cost of coverage shall be borne 100 percent by the City based upon the rate structure of the WPS plan in effect on 12/31/77. Any premiums in excess of the above rates shall be borne by the employee. Effective January 1, 1979, the cost of coverage will be borne 100 percent by the City based on the rate structure of the WPS plan in effect 12/31/78. Any premiums in excess of the above rates shall be borne by the employee.. Section 2. Dental coverage under Washington Dental Service will be provided for all employees and their dependants. 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 one hundred percent (100 of the total premium for this coverage. Section 3. The City will provide and pay one hundred percent (100 of the premium costs of a ten thousand (10,000) dollar life insurance policy (presently in force) on all employees covered under this Agreement. Signed this 7 day of i Vice Pre ent U FOR THE EMPLOYER: 'n Mayor Tukwila City Council President by The parties to this contract recognize that the issue of continued payment of City funds to a pension program as an alternateve to Social Security is currently in litigation. Therefore, the parties agree that they will abide by the decision of the cour to resolve the issue rather evr3 J than include it in the negotiations leading to this 1978 -79 collective bargaining agreement. DATED, this 7 day of CITY OF TUKWILA President ATTEST: ADDENDUM 1978. by FOR THE UNION: FOR THE EMPLOYER: 'Cfti Clerk ?c44,t) hoai,ed Mayor IAFF LOCAL #2088 Tukwila City Council President