The URL can be used to link to this page

Home My WebLink AboutIAFF Local No. 1433 - 2011-2013 Collective Bargaining Agreement -unsigned copy 2011-2013 COLLECTIVE BARGAINING AGREEMENT between CITY OF PASCO and LOCAL NO. 1433 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS TABLE OF CONTENTS Section A. General articles ARTICLE 1 —RECOGNITION.......................................................................1 Section 1.1 —Union Recognized Section 1.2—Negotiations Section 1.3 —Classifications ARTICLE 2—TERM OF AGREEMENT..........................................................l ARTICLE 3—UNION SECURITY/PAYROLL DEDUCTION.................................? Section 3.1 —Assessment—Exceptions Section 3.2—Payroll Deductions Section 3.3 —Hold Harmless ARTICLE 4—DISCRIMINATION......................................................... Section 4.1 —No Discrimination ARTICLE 5—UNION BUSINESS 2 ARTICLE 6—LEGISLATIVE COST INCREASES.............................................3 ARTICLE 7—PREVAILING RIGHTS............................................................3 ARTICLE 8—MANAGEMENT RIGHTS............................................................3 ARTICLE 9—GRIEVANCE PROCEDURE ...................................................4 Section 9.1 —Procedure Steps Section 9.2—Non Compliance With Time Limits Section 9.3 —Exceptions To Grievance Procedure Section 9.4—Election Of Remedies/Waiver ARTICLE 10—SUPPLEMENTAL AGREEMENT ..............................................5 ARTICLE 11 —PERFORMANCE OF DUTY— NO STRIKE AGREEMENT ............_5 ARTICLE 12—SAVINGS CLAUSE .................................................................5 ARTICLE 13—FIRE CODE ENFORCEMENT .................................................6 Section B. Benefits ARTICLE 14—VACATIONS .......................................................................6 Section 14.1 —Accrual Section 14.2—Vacation and Holiday Scheduling Section 14.3 —Usage/Maximum Accrual Section 14.4—Separation From Service Section 14.5—Temporary and Probationary Employees 2011-2013 Collective Bargaining Agreement between the City of Pasco and Local 1433,International Association of Firefighters i ARTICLE 15—SICK LEAVE ...........................................................................7 Section 15.1 —Accrual Section 15.2—LEOFF Disability Leave Section 15.3 — LEOFF II Employees Section 15.4— LEOFF Benefit Changes Section 15.5—Illness of Family Members Section 15.6—Notification and Reporting Section 15.7—Family and Medical Leave Act ARTICLE 16—SICK LEAVE BUY BACK.........................................................9 ARTICLE 17—HOLIDAY PAY ........................................................................9 Section 17.1 —Holidays Section 17.2—Accrual /Utilization ARTICLE 18—BEREAVEMENT..................................................................10 ARTICLE 19—HEALTH INSURANCE ...........................................................10 Section 19.1 —Employee Medical Coverage Section 19.2—Employee Prescription Coverage Section 19.3 —Employee Dental Coverage Section 19.4—Employee Vision Coverage Section 19.5—Dependent Medical Coverage Section 19.6—Dependent Prescription Coverage Section 19.7—Dependent Dental Coverage Section 19.8—Dependent Vision Coverage Section 19.9 Section 19.10 Section 19.11 —Re-opener Due to State or Federal Legislation ARTICLE 20—GROUP TERM LIFE INSURANCE...........................................13 ARTICLE 21 — EDUCATION.......................................................................1 ARTICLE 22—UNIFORM/PROTECTIVE CLOTHING...................................13 Section 22.1 —Provisions and Maintenance Section 22.2—Quantity Provided to Each Employee Section 22.3 —Replacement Section 22.4—Routine Safety Equipment Inspections Section 22.5—Cleaning Section C. Wages ARTICLE 23—WAGES ...............................................................................14 Section 23.1 —2011 Section 23.2—2012 Section 23.3 —2013 Section 23.4—Incentive Pay Section 23.5 —Continuous Service Pay 2011-2013 Collective Bargaining Agreement between the City of Pasco and Local 1433,International Association of Firefighters ii Section 23.6—Battalion Chief Pay Section 23.7 — Captain Pay Section 23.8 — Lieutenant Pay Section 23.9— Paramedic Pay Section 23.10—Firefighter Pay Steps Section 23.11 —Adjusted Hourly Rate of Pay ARTICLE 24—OVERTIME PAY..................................................................15 Section 24.1 — Pre Scheduled Overtime Section 24.2 —Time Paid Section 24.3 — Call Back Pay Section 24.4—Off Duty Events Section 24.5 —Overtime Rates Section 24.6 - Exceptions ARTICLE 25—WORKING OUT OF CLASSIFICATION...................................17 ARTICLE 26—BILINGUAL INCENTIVE PAY................................................17 ARTICLE 27—HAZARDOUS MATERIALS INCENTIVE PAY...........................17 ARTICLE 28—OFFICER/ PARAMEDIC INCENTIVE PAY ...............................18 Section D. Hours/Working Conclitions/Rules ARTICLE29—HOURS ............................................................................18 Section 29.1 —Shifts and Work Periods Section 29.2 —Kelly Days Section 29.3 —New Hires — Special Scheduling Section 29.4—Time Off Approvals Section 29.5 —Productivity Emergency Stand-by Schedule ARTICLE 30—SHIFT REASSIGNMENT.......................................................19 ARTICLE 31 —SHIFT EXCHANGE .................................................................19 ARTICLE 32—VACANCIES /PROMOTIONS..................................................19 Section 32.1 —Temporary Upgrade—Battalion Chief Section 32.2—Temporary Upgrade—Captain Section 32.3 —Temporary Upgrade— Lieutenant ARTICLE 33—STATION BIDDING..............................................................21 ARTICLE 34—PROBATIONARY EMPLOYEES .............................................21 ARTICLE 35—PARAMEDIC PERSONNEL....................................................22 2011-2013 Collective Bargaining Agreement between the City of Pasco and Local 1433,International Association of Firctighters iii ARTICLE 36—INTER-FACILITY TRANSPORTS...........................................23 Section 36.1 Section 36.2—Current Practice Section 36.3 - Negotiations ARTICLE 37—STAFF MEETINGS ................................................................2 Section 37.1 —Regular Meeting Section 37.2—Decisions Regarding Department Operations Section 37.3 —Off Duty Employees Required to Attend ARTICLE 38—RULES AND REGULATIONS...................................................2 ARTICLE 39—WORK REQUIREMENTS .......................................................?4 ARTICLE 40—TOBACCO USE ...................................................................24 ARTICLE 41 —SUBSTANCE FREE WORK PLACE.........................................24 ARTICLE 42—OUTSIDE EMPLOYMENT .....................................................24 ARTICLE 43—PHYSICAL FITNESS..............................................................24 Section 43.1 —Goals and Testing Section 43.2—Time Section 43.3 —Place Section 43.4—Physical Exam Section 43.5—Physical Fitness Activities Section 43.6—Record of Employee Participation Section 43.7—Rules and Regulations/ Safety Precautions ARTICLE 44—PERSONNEL REDUCTION .....................................................26 Section 44.1 —Reductions Re-Employment Section 44.2— Seniority Defined Section 44.3 —Seniority Listing ARTICLE 45—DISCIPLINE................................................ 27 Section 45.1 —Just Cause Section 45.2—Progressive Discipline ARTICLE 46—40-HOUR/WEEK UNIFORMED FIRE PERSONNEL...................28 Section 46.1 Section 46.2 Section 46.3 Section 46.4 Section 46.5 Section 46.6 Section 46.7 ARTICLE 47—MODIFIED DUTY................................................................29 2011-2013 Collective Bargaining Agreement between the City of Pasco and Local 1433, International Association of Firefighters iv ARTICLE 48-WSCFF MEDICAL EXPENSE REIMBURSEMENT PLAN (MERP).30 SIGNATURESHEET .................................................................................)1 APPENDIX "A" - HOURLY WAGE RATES APPENDIX "B" -SENIORITY LISTING APPENDIX "C"-PHYSICAL FITNESS APPENDIX "D"-SUBSTANCE FREE WORK PLACE APPENDIX"E"-NOTIFICATION OF EMPLOYMENT 2011-2013 Collective Bargaining Agreement between the City of Pasco and Local 1433,International Association of Firefighters V 2011 -2013 COLLECTIVE BARGAINING AGREEMENT between CITY OF PASCO and LOCAL #1433,INTERNATIONAL ASSOCIATION OF FIREFIGHTERS This Agreement is made and entered into by and between the City of Pasco, Washington, hereinafter referred to as the Employer and its Fire Department, and Local No. 1433 of the International Association of Firefighters,hereinafter referred to as the Union. ARTICLE 1 —RECOGNITION Section 1.1 — Union Recognized. The City recognizes the Union as the sole and exclusive bargaining agent, for the purpose of establishing wages, hours and condition of employment, as authorized by the Washington Public Labor Relations Act, for all full-time, permanent, provisional or temporary Fire Department employees in LEOFF classifications, with the exception of the Fire Chief and Assistant Fire Chief. Said employees shall be covered by Civil Service as provided by RCW 41.08.050. Section 1.2—Negotiations. The City, for the life of this agreement, agrees not to negotiate with any other employee organization or its representative on matters pertaining to wages, hours or conditions of employment for the employees represented by the Union as stated in this Article. Section 1.3 — Classifications. If the City creates a new job classification and if the new classification is a successor title to a classification covered by the agreement and the job duties are not significantly altered or changed, the new classification shall automatically become a part of this Agreement. If the new classification contains a significant part of the work now being done by any of the classifications covered by this Agreement, or if functions are similar to employees in this bargaining unit, and the Union notifies the City of a desire to meet within ten (10) days of its receipt of the City's notice, the parties will then meet to review the proposed classification and, if unable to reach agreement as to its inclusion or exclusion from the unit, shall submit the question to the Washington State Public Employment Relations Commission. If the inclusion of the proposed classification is agreed to by the parties or found appropriate by the Washington State Public Employment Relations Commission, the parties shall then negotiate as to proper pay for the classification, the city being free to assign a temporary rate pending the resolution of negotiations. ARTICLE 2—TERM OF AGREEMENT This Agreement shall be effective January 1, 2011 and shall remain in full force and effect through the 31`t day of December, 2013. 2011—2013 Collective Bargaining Agreement between City of Pasco and Local No. 1433,International Association of Fire Fighters—Page I ARTICLE 3—UNION SECURITY/PAYROLL DEDUCTION Section 3.1 Assessment — Exception. Any present employee of the Pasco Fire Department or any future employee in the Pasco Fire Department coming within the classifications covered by this Agreement shall pay the Union a monthly assessment as a contribution toward the administration of this Agreement which shall be equivalent to the regular monthly dues of the Union, except under circumstances of objection based upon bona fide religious beliefs. Said employee shall make the same contribution to a charitable organization as agreed upon jointly between the Local #1433 and the employee. Section 3.2 Payroll Deductions. The City will deduct membership dues and any assessments from all employees of the department covered under this Agreement, upon the receipt by the City of a signed payroll deduction from each respective employee. The membership dues and assessments shall be equal for all of said employees and the City shall pay the same monthly dues or assessments withheld to the Secretary/Treasurer of said Local No. 1433. Further, the City will submit a monthly accounting of said deductions, giving the amount deducted opposite the employee's name. The City will also deduct the monthly sum for LEOFF II disability insurance premiums for each employee who has submitted a signed request for payroll deduction. Such deduction shall be remitted by the City to the Secretary/Treasurer of Local No. 1433 with the dues deduction. The disability insurance deduction is a fixed monthly amount for each employee for whom the deduction is taken, not a percentage of their pay. Section 3.3 Hold Harmless. The Union shall indemnify, defend, and save harmless the Employer against any and all claims, demands, suits or other forms of liability (monetary or otherwise) and for all legal costs that shall arise out of or by reason of action taken or not taken by the employer in complying with the provisions of this Article. ARTICLE 4—DISCRIMINATION Section 4.1 No Discrimination. There shall be no discrimination against any employees because of Union membership or non-Union membership. In accordance with applicable law, neither the employer nor the Union shall discriminate against any employee covered by this Agreement because of race, creed, color, national origin, sex, age, religion, marital status or disability, except in the instance where age, sex, or absence of a disability may constitute a bona fide occupational qualification under applicable law. Whenever a male gender word is used in this Agreement it shall be construed to include male and female employees. ARTICLE 5—UNION BUSINESS Any employee elected or appointed to a Union position which occasionally requires his absence, may, upon request of the Union, receive leave of absence for such activity. It is agreed that any employee exercising this leave of absence will be permitted to arrange for qualified replacements at no costs to the City. An employee requesting a leave of absence under this Article shall 2011—2013 Collective Bargaining Agreement between City of Pasco and Local No. 1433,International Association of Fire Fighters—Page 2 furnish the Fire Chief with written notice from the Union President why the employee's absence is required to attend the Union function. ARTICLE 6—LEGISLATIVE COST INCREASES Should the Washington State Legislature enact legislation benefiting employees or immediate families of employees covered by this Agreement, where the effect is to increase costs to the City above those which exists at the time this Agreement is executed, the Union agrees to enter into negotiations with the City, if requested, to negotiate the impact of the change. ARTICLE 7—PREVAILING RIGHTS All rights and privileges held by the employees at the present time, which are not included in this Agreement and which do not conflict with any provision of this Agreement shall remain in full force and effect. ARTICLE 8—MANAGEMENT RIGHTS The Union recognizes the exclusive right and prerogative of the City to make and implement decisions with respect to the operation and management of the Fire Department. Provided, however, that the exercise of any and all these rights shall not conflict with any provision of this Agreement. Such rights include but are not Iimited to the following: 1. To establish the qualifications for employment and to employ employees. 2. To establish the makeup of the Fire Department's work force and make changes from time to time, including the number and kinds of classifications, and direct the work force toward the organizational goals established by the City. 3. The right to determine its mission, policies, and all standards of service offered to the public. 4. To plan, direct, schedule, control and determine the operations or services to be conducted by the employees of the Pasco Fire Department and City. 5. To determine the means, methods and number of personnel needed to carry out the departmental operations and services. 6. To approve and schedule all vacations and other employee leaves. 7. To hire and assign or transfer employees within the Department or fire-related functions. 8. To lay off any employees from duty due to insufficient funds. 9. To introduce and use new or improved methods, equipment or facilities. 2011 —2013 Collective Bargaining Agreement between City of Pasco and Local No. 1433,International Association of Fire Figbters—Page 3 10. To assign work to and schedule employees. 11. To take whatever action necessary to carry out the mission of the City in emergencies. 12. To detennine the department budget. Any employee within the bargaining unit, who may feel aggrieved by the unfair or discriminatory exercise of any of the management rights specified above, may seek his remedy by the Grievance Procedure provided for in this Agreement. ARTICLE 9—GRIEVANCE PROCEDURE Section 9.1 Procedure Steps. Disputes regarding the interpretation of this Agreement shall be handled in the following manner: Step 1: The Union shall formally submit grievances in writing to the Fire Chief or his designee. Such submission shall state the factual basis for the grievance, the provision or provisions of the Agreement allegedly violated, and the remedy requested. Grievances which are not filed within thirty (30) calendar days from the date of the alleged violation shall be deemed waived for all purposes. The Fire Chief or designee shall convene a Step 1 meeting within seven (7) calendar days of receipt of the grievance. Attendance at such meeting may include appropriate supervisors, a Union representative and the individual grievant. The Fire Chief or designee shall render a decision in writing to the Union within fourteen (14) calendar days after the conclusion of the Step 1 meeting. Step 2: The decision of the Fire Chief may be appealed in writing to the City Manager within seven (7) calendar days of its receipt. The City Manager shall review the facts, convene a meeting with the parties, and shall issue in writing the final decision of the employer within fifteen (15) days of receipt of this Step 2 appeal. Step 3: Disputes remaining unresolved shall be submitted to arbitration within thirty (30) calendar days of the Step 2 answer of the employer. The arbitrator shall be selected from a list of seven (7) requested from the Northwest FMCS Arbitrator pool. Selection shall be made by alternative striking, with the party requesting the arbitration striking first. Only grievances which involve an alleged violation by the employer or a specific article or provision of the Agreement and which are presented to the employer in writing during the tern of this Agreement and which are processed in the manner and within the time limits herein provided shall be subject to arbitration. The decision of the arbitrator shall be final and binding upon the parties. Provided, however, no arbitrator shall have the authority to render a decision or award which modifies, adds to, subtracts from, changes or amends any term or condition of this Agreement; further provided, a rendition of a decision or award shall be in writing within thirty (30) calendar days of the close 2011 —2013 Collective Bargaining Agreement between City of Pasco and Local No. 1433,International Association of Fire Fighters—Page 4 of the hearing (or submission date of written briefs) and shall include a statement of the reasoning and grounds upon which such decision or award is based. The cost of the arbitration shall be born equally by both parties, including arbitrator's fees and expenses, room rental and cost of record. Each party shall bear the cost of the preparation of its own case. Section 9.2 Non-Compliance With Time Limits. Failure of the aggrieved employee to comply with the time limits set forth above will serve to declare the grievance is settled based upon the last answer received and no further action can be taken. The time limits set forth herein may be extended by mutual agreement. Section 9.3 Exceptions To Grievance Procedure. Any grievance which is not filed in accordance with the provisions of Section 9.1 of this Article is not subject to the grievance procedures of this Agreement. Section 9.4 Election Of Remedies/Waiver. The taking of a grievance through arbitration constitutes an election of remedies and a waiver, where lawful, of all rights to litigate or otherwise contest the appealed subject matter in any court or other available form. Likewise, litigation or the contest of the grievance subject matter in any court or other form shall constitute an election of remedies and a waiver of right to arbitrate the matter. ARTICLE 10—SUPPLEMENTAL AGREEMENT This Agreement may be amended, provided both parties concur. Supplemental agreements may be completed through negotiations at any time during the life of this Agreement. Either party may notify the other party, in writing, of its desire to negotiate. Supplemental agreements, thus completed, will be signed by the responsible Union and City officials. Supplemental agreements thus completed shall become a part of the larger agreement and subject to all its provisions. The parties agree that this Agreement constitutes all agreements with regard to wages, hours and working conditions, and any and all negotiable items. This Agreement shall be amended only upon mutual agreement of the parties. ARTICLE 11 —PERFORMANCE OF DUTY—NO STRIKE AGREEMENT It is agreed that employees shall not plan, promote or be part of a strike, slowdown, sit-down, or other stoppage of work which would reduce the effectiveness of the City in any way. ARTICLE 12—SAVINGS CLAUSE If any provisions 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. Any provisions declared invalid would be subject to re-negotiation by the parties. 2011 —2013 Collective Bargaining Agreement between City of Pasco and Local No. 1433,International Association of Fire Fighters—Page 5 ARTICLE 13—FIRE CODE ENFORCEMENT Bargaining unit work concerned with and related to the enforcement of the Uniform Fire Code has been transferred outside of the bargaining unit at the discretion of the employer. ARTICLE 14—VACATIONS Section 14.1 Accrual. Employees working twenty-four (24) hour shims shall accrue vacation credit at the rate of eleven (11) hours per month of continuous service (5 hours per pay period). Upon completion of five (5) years of continuous service, each employee shall accrue thirteen (13) hours per month of continuous service (6 hours per pay period). Upon completion of ten (10) years of continuous service, each employee shall accrue vacation credit at fifteen (15) hours per month of continuous service (7 hours per pay period). Upon completion of fifteen (15) years of continuous service, each employee shall accrue vacation credit at the rate of seventeen (17) hours per month (8 hours per pay period). Upon completion of twenty (20) years of continuous service, each employee shall accrue vacation credit at the rate of nineteen (19) hours per month (9 hours per pay period). Employees on extended sick leave (ninety-six (96) or more continuous hours) due to off-the job incurred illness or injury, shall not earn vacation credit during the entire term of such leave beyond the first forty-eight (48) hours. NOTE: the numbers in parentheses are rounded off and reflect the existing two week pay period. Section 14.2 Vacation and Holiday Scheduling. Vacation shall be scheduled to be taken at any time from January 1St to December 31St. Preference shall be given to personnel with the greatest seniority by rank provided operational requirements are met. Leave of absence over accrued vacation time may be granted by the Fire Chief with approval of the City Manager. In addition, the following shall apply to the scheduling of both vacation and holiday time off: a. Minimum Time. Leave shall be taken for a minimum of two (2) consecutive hours. b. Long Term Time Off. Employees shall be eligible to request long term time off(at least three (3) full shifts) anytime throughout the calendar year. Long term time-off requests shall have preference over shorter-term requests for time-off. c. Short Term Time Off. Employees requesting time-off that is at least one full shift but less than three full shifts shall be eligible to make such requests at any time within sixty (60) days of the requested time-off. Short term time-off requests shall have preference over time-off requests of less than a complete shift. d. Less Than Complete Shift. Employees shall be eligible to apply for time-off requests using less than twenty-four (24) hours at any time within forty-five (45) days of the requested time-off. e. Additional Preferences. Preference in multiple requests for time-off of otherwise equal duration shall be given to an employee with the greater seniority by rank, provided operational requirements are met and the less senior employee will not suffer 2011 —2013 Collective Bargaining Agreement between City of Pasco and Local No. 1433,International Association of Fire Fighters—Page 6 unreasonable hardship due to commitments (financial or otherwise) previously made following the granting of their earlier submitted request. Section 14.3 Usage/Maximum Accrual. Normally, employees will be required to take annual vacation. Employees shall be pennitted to accumulate vacation time equal to the amount which can be earned in two (2) years at the applicable accrual rate. Time not taken which causes accrual beyond two (2) full years will be lost to the employee unless, in the case of unique hardship, an extension may be approved by the City Manager. Normally, employees will not take more than one and one-half(1-1/2) years accumulation in any one year; however, the City Manager may authorize longer leave in special cases. Section 14.4 Separation From Service. Employees shall be granted pay in lieu of accrued vacation leave at their adjusted hourly rate of pay at such time as they are separated from City employment unless such separation is made during entrance probation periods. Section 14.5 Temporary and Probationary Employees. Neither probationary employees nor temporary employees are entitled to take vacation or holiday leave unless authorized by the Fire Chief. A probationary employee will earn vacation credit which shall be credited to him when he becomes a regular employee. ARTICLE 15—SICK LEAVE Section 15.1 Accrual. All twenty-four (24) hour shift employees covered by this Agreement shall earn seven (7) hours of sick leave per pay period to an annual maximum of 182 hours. Sick leave may be accumulated to a maximum of eight hundred and forty (840) hours for LEOFF I employees and one thousand two hundred (1,200) hours for LEOFF II employees. Any employee using more than forty-eight (48) successive hours of sick leave shall apply for disability leave and retain the services of a physician. The City may, at its discretion, require an employee who has taken ninety-six (96) or more hours of sick leave in any year to submit to a physician's verification of illness or injury (medical exam) for any illness or injury immediately preceding or following a paid leave day (holiday, personal, vacation day, etc.) or when there exists cause to believe that there may be sick leave abuse. If it is a family member who is sick, the employer may require a doctor's verification of the illness. Further, a statement by an attending physician may be required by the City from an employee who utilizes more than ninety-six (96) hours of sick leave in a calendar year. Upon separation from the Department, twenty-five percent (25 %) of all unused sick leave, to a maximum of eight hundred and forty (840) hours, shall be paid at the prevailing hourly rate. Section 15.2 LEOFF Disability Leave. The firefighters will have the protection of either the provisions of sick leave in this Article of the contract, or the disability provisions of LEOFF 1. If the leave is of a long-tern duration and if the LEOFF I provisions are reasonably available, applications must be made to the LEOFF I system. In such situations where benefits are not available under the LEOFF I system, sick leave provisions of this Article may be utilized. Section 15.3 LEOFF II Employees. Upon initial employment, LEOFF II employees shall be credited four hundred and twenty (420) hours of sick leave and no additional sick leave shall 2011 —2013 Collective Bargaining Agreeinent between City of Pasco and Local No. 1433,International Association of Fire Fighters—Page 7 accrue for the second through the thirtieth calendar months of the employee's service with the City. Thereafter, commencing with the thirty-first full calendar month of service, such employee shall accrue sick leave at the rate of seven (7) hours per pay period. Should a LEOFF II employee terminate with a sick leave deficit (more hours used than would have been earned during the period of service), the City shall be reimbursed out of other employee earnings. In addition, no sick leave buy-back shall apply unless the net hours would have accrued during the period of service. These provisions shall apply retroactively for currently employed LEOFF II personnel and prorated based upon sick leave earned,used and/or borrowed. Section 15.4 LEOFF Benefit Changes. In the event the LEOFF I or LEOFF II benefits are increased or decreased by the legislature, the City and Union retain the right to open negotiations regarding the provisions of this Article. Section 15.5 Illness of Family Members. 1. In the event of a serious illness/injury in the immediate family of the employee, the employee, at his request, shall be granted time off utilizing earned sick leave time. Immediate family shall be defined as the spouse of the employee and his or her mother and father. 2. Accumulated sick leave may be used to care for a child of the employee under the age of eighteen (18) years of age with a health condition that requires treatment or supervision. "Health condition that requires treatment or supervision"means: (a) Any medical condition that requires medication that the child cannot self-medicate. (b) Any medical or mental health condition that would endanger the child's safety or recovery without the presence of a parent or guardian; or (c) Any condition warranting preventative health care, such as physical, dental, optical or immunization services, when a parent must be present to authorize treatment and when sick leave may otherwise be used for the employee's preventative health care. (d) Sub-sections (b) and (c) above are not intended to include medical or mental health conditions which could adequately be supervised by a child's regular daycare provider. (e) When both the employee and their spouse are employed and eligible for the family sick leave benefits under Chapter 49.12 RCW, the employee shall use reasonable efforts to annually equalize the use of the family sick leave benefit between the employee and the employee's spouse. The employer may deny the use of this family sick Ieave benefit who does not exercise such reasonable efforts. (f) Any employee shall return to work and complete his regular shift assignment as soon as the reason justifying the use of this family sick leave provision no longer exists, whether due to betterment of the child's condition, completion of any required health 2011—2013 Collective Bargaining Agreement between City of Pasco and Local No. 1433,International Association of Fire Fighters—Page 8 care services, completion of a spouse work day, or other reason justifying the use of family sick leave. "Child of the employee" means any child under the age of eighteen (18) years of age, who is: (1) The natural offspring of the employee. (2) The adopted child of the employee. (3) The natural or adopted child of the employee's spouse; or (4) Under the employee's legal guardianship, legal custody, or foster care. Section 15.6 Notification and Reporting. Notification of absence due to sickness shall be given to the Fire Chief or his designee as soon as possible on the first day of such absence and every day thereafter (unless this requirement is waived by the Chief) in as far in advance of the scheduled work as possible. Generally, this report shall be made no later than one-half(1/2) hour before the start of a shift. The notification must include the reason for the taking of the sick leave, including the nature of the illness or injury and the general symptoms experienced. Failure to promptly report an illness or injury may be considered an absence without pay and may subject the employee to discipline as well. Employees on extended sick leave (96 or more continuous hours) due to off the job incurred illness or injury shall not earn vacation or holiday time credits during the entire terns of such leave beyond the first forty-eight(48)hours. Section 15.7 Family and Medical Leave Act. The requirements of the Federal Family and Medical Leave Act will be administered as set forth in City Administrative Order No. 231 originated November 22, 1993: PROVIDED, HOWEVER, nothing therein shall reduce any leave or payroll benefit otherwise provided for in this Agreement. ARTICLE 16—SICK LEAVE BUY BACK Local #1433 and the City of Pasco agree that LEOFF II members may purchase, at their option and at no cost to the City of Pasco, supplemental disability insurance coverage through agreement with the Washington State Council of Fire Fighters and Local#1433. LEOFF II members on extended sick/disability leave may apply to the insurance carrier of this plan for benefits as provided under the plan, currently thirty (30) consecutive days of leave. The Local and the City agree than any employee who receives benefit payments under this plan will sign over these benefit payments to the City of Pasco for the sole purpose of buying back sick leave hours used during the employee's sick/disability leave, on a dollar for dollar basis. ARTICLE 17—HOLIDAY PAY Section 17.1 Holidays. The following and other such days as the City Council, by Resolution, may fix are official holidays for all regular employees of the department: HOLIDAY DATE New Year's Day January 1 St Martin Luther King's Birthday 3' Monday in January 2011 —2013 Collective Bargaining Agreement between City of Pasco and Local No. 1433,International Association of Fire Fighters—Page 9 Presidents' Day 3' Monday in February Memorial Day Last Monday in May Independence Day Jul 4'' Labor Day 1"Monday in September Veterans' Day November 11` Thanksgiving Day 4" Thursday in November Day after Thanksgiving Day 4"Friday in November Christmas Day December 25" Personal Holiday Employee's Choice Section 17.2 Accrual/Utilization. Employees on extended sick leave (96 or more continuous hours) due to off-the job incurred illness or injury, shall not earn holiday pay during the entire term of such leave beyond the first forty-eight (48) hours. Subject to this exemption, all twenty- four(24) hour shift personnel covered by this Agreement shall earn twelve(12)hours of time for each holiday, which shall be utilized as follows: (a) Eighty-four(84) hours per year will be cashed out at the employee's adjusted hourly rate of pay and each employee will have the option of using or cashing out (or a combination thereof)the remaining forty-eight(48)hours. Zero (0) hours carry-over. (b) Cash-out of time shall occur on either or both (to the extent of holiday hours actually earned or accrued prior to such date) the first paycheck in April or on the first paycheck in December at the employee's adjusted hourly rate of pay. In order for holiday time to be paid in April, the employee must submit a written request to the Chief at least two (2) weeks prior to the first payday in April. The December payment shall be made automatically by the employer. The cut-off date for scheduling of holiday time usage shall be the first day of the pay period for the first payday in December. Holiday hours not schedule or paid in April for the year by that day shall be cashed out by the City at the employee's adjusted hourly rate of pay the first payday in December. For rules regarding the scheduling of Holiday time off see Section 14.2 ARTICLE 18—BEREAVEMENT In the event of a death in the immediate family of an employee, the employee shall be granted up to forty-eight (48) hours of leave from scheduled work with pay. Additional leave for such purpose may be taken and charged to other earned leave upon authorization of the Fire Chief. Documentation for need of such leave shall be provided when required by the City. Immediate family for these purposes should be defined as follows: spouse and children, parents, grandparents, grandchildren, and siblings of the employee and his/her spouse. 2011 —2013 Collective Bargaining Agreement between City of Pasco and Local No. 1433,International Association of Fire Fighters—Page 10 ARTICLE 19—MEDICAL/DENTAL/VISION INSURANCE Section 19.1 Employee Medical Coverage. The City will provide medical insurance coverage for LEOFF I and LEOFF II employees who will be covered by a plan providing for no deductible, one hundred percent (100%) coverage. In addition the City will provide routine wellness/preventive care coverage services with the first two hundred dollars ($200.00) being covered at one hundred percent (100%), not subject to deductible or coinsurance; thereafter, wellness/preventive care shall be covered at fifty percent (50%) not subject to deductible. Section 19.2 Employee Prescription Coverage. Effective 1/1/13, the City will provide prescription insurance coverage for LEOFF I and LEOFF II employees who will be covered by a plan providing for no deductible, one hundred percent (100%) coverage of eligible expenses. The employee will not be required to pay for any prescription costs at time of prescription pickup. Employee pays zero percent (0%),one hundred percent (100%) coverage. Section 19.3 Employee Dental Coverage. The City will provide dental insurance coverage for LEOFF I and LEOFF II Employees who will be covered by a plan providing one hundred percent (100%) coverage of Class I expenses (i.e., covered diagnostic and preventive care), eighty percent (80%) coverage of Class 2 expenses and fifty percent (50%) coverage for Class 3 expenses. The maximum annual benefit for dental expenses is one thousand five hundred dollars ($1,500) per employee. The dental coverage shall be subject to a maximum twenty-five dollar ($25.00) deductible per person per calendar year to a maximum of seventy-five dollars ($75.00) per family; provided the dental deductibles shall not apply to covered Class I expenses and shall apply to the medical deductible limitation established in sections 19.5 and 19.6. Section 19.4 Employee Vision Coverage. Effective 1/1/13, the City will provide vision insurance coverage for LEOFF I and LEOFF II employees who will be covered by a plan providing for a twenty-five dollar ($25.00) co-pay every plan year. Employee coverage will include a wellness exam every plan year; prescription lenses every plan year, frames every other plan year, (or) contact lens care every plan year. In addition employees will receive extra discounts and savings on glasses, sunglasses, contacts, laser vision correction. (See attached VSP benefit summary) Section 19.5 Dependent Medical Coverage. The City will provide medical insurance coverage for dependents of LEOFF I and LEOFF II employees who will be covered by a plan providing for a two hundred dollar ($200.00) deductible per person per calendar year, to a maximum of six hundred dollars ($600.00) deductible per covered family per calendar year. Dependent coverage will be an eighty/twenty percent (80%/20%) co-insurance which applies to all covered expenses incurred. In addition, the City will provide routine wellness/preventive care coverage services with the first two hundred dollars ($200.00) being covered at one hundred percent (100%), not subject to deductible or co-insurance; thereafter, wellness/preventive care shall be covered at fifty percent (50%), not subject to deductible. Section 19.6 Dependent Prescription Coverage. Effective 1/l/13, the City will provide prescription insurance coverage for dependents of LEOFF I and LEOFF II employees. 2011 —2013 Collective Bargaining Agreement between City of Pasco and Local No. 1433,International Association of Fire Fighters—Page 11 Dependent coverage will be an eighty/twenty percent (80%/20%) co-insurance which applies to all covered expenses incurred. Dependents will only be required to pay their portion (20%) of the prescription costs at time of prescription pickup. Section 19.7 Dependent Dental Coverage. The City will provide dental insurance coverage for dependents of LEOFF I and LEOFF Il employees who will be covered by a plan providing one hundred percent (100%) coverage of Class I expenses (i.e., covered diagnostic and preventive care), eighty percent (80%) coverage of Class 2 expenses and fifty percent (50% coverage for Class 3 expenses. The maximum annual benefit for dental expenses is one thousand five hundred dollars ($1,500) per dependent. The dental coverage shall be subject to a maximum twenty-five dollar ($25.00) deductible per person per calendar year to a maximum of seventy-five dollars ($75.00) per family, provided the dental deductibles shall not apply to covered Class I expenses and shall apply to the medical deductible limitation established in section 19.5 and 19.6. Section 19.8 Dependent Vision Coverage. Effective 1/1/13, the City will provide vision insurance coverage for dependents of LEOFF I and LEOFF II employees who will be covered by a plan providing for a twenty-five dollar ($25.00) co-pay every plan year. Dependent coverage will include a wellness exam every plan year, prescription lenses every plan year, frames every other plan year, (or) contact lens care every plan year. In addition, dependents will receive extra discounts and savings on glasses, sunglasses, contacts, laser vision correction. (See attached VSP benefit summary.) Section 19.9 The City agrees to provide a Medical/Dental/Vision Insurance plan that is equal to or better than the plans currently in effect. The City retains the right to maintain a self-insurance program or to select insurance carriers for the purpose of containing premium rate increases. Section 19.10 Effective 1/1/13, each employee (except LEOFF I employees without dependents) will pay two percent (2%) of the top step Firefighter classification base monthly wage toward the monthly assessment for said Medical/Dental Insurance. Vision coverage premium covered by the City. Section 19.11 Nothing in this article reduces benefits that the employee and/or their dependents have a right to under State and/or Federal legislation. Section 19.12 Re-opener Due to State or Federal Legislation. Notwithstanding the above, in the event State or Federal legislation required the City to make changes in the group medical benefits provided employees during the life of this agreement, the City reserves the right to snake required changes; provided, however, the City provides the bargaining representative with, at least, thirty (30) days' advance notice of the change(s) and, further provided, that either the City or the Union may require that this article be reopened in negotiations if the change(s) result in a reduction of benefits or an increase (by at least ten percent) in the then existing premium paid for an employee, his/her spouse and dependents by providing the other with written notice within fourteen (14) days receipt by the bargaining representative of the notice from the City of the proposed change(s). 2011 —2013 Collective Bargaining Agreement between City of Pasco and Local No. 1433,International Association of Fire Fighters—Page 12 ARTICLE 20—GROUP TERM LIFE INSURANCE The City agrees to provide group term life insurance coverage for employees in the current group term life insurance plan provided by the City as a benefit to its employees city-wide, or its equivalent, with face-value coverage of Fifteen Thousand Dollars ($15,000.00) for each employee. ARTICLE 21 —EDUCATION Employees not otherwise reimbursed, shall be eligible for reimbursement for the actual cost of books, fees, and tuition and the payment of per diem for courses in fire science or advanced life support. A grade of"C" or better must be obtained if it is a graded course, or a certificate of completion be issued to an employee in a non-graded course and the following requirements are to be satisfied. 1. Training is to occur during off-duty time unless on-call status is required by the Chief. 2. Attendance is voluntary and requested by the employee. Said request is to be submitted at least fourteen (14) days in advance and must be approved by the Fire Chief. 3. Courses must be taken at an independent trade school, institute of higher learning or non- City training program. 4. One hundred and fifty dollars ($150.00) per diem will be paid if the course is four (4) or more hours in duration and one hundred and fifty (150) or more miles distant from Pasco. In those instances involving approved travel outside of the City for education purposes, but not covered by this provision, eligible costs will be reimbursed in accordance with City Administrative Orders. 5. Paramedics shall be eligible for overtime pay for actual hours in attendance at no more than one (1) meeting per month called by the physician advisor, subject to approval of the Fire Chief;however, no call out pay shall be required. 6. Paramedics shall be eligible for off duty overtime for attendance at courses that are required by the regional Medical Program Director (MPD) and approved by the Fire Chief. Such training will be allowed "on duty' if within the city limits and response status is maintained. If training is outside city in the local area, the employee may be granted attendance time on duty if manpower allows. No call back pay shall be required. ARTICLE 22—UNIFORM/PROTECTIVE CLOTHING ARTICLES Section 22.1 Provisions and Maintenance. All uniforms, protective clothing, or protective devices required for employees in the performance of their duties shall be furnished to the employees by the City. The cleaning of safety clothing shall be accomplished on duty or by the City through commercial facilities. The cleaning of daily duty uniforms shall be the responsibility of the employer. 2011 —2013 Collective Bargaining Agreement between City of Pasco and Local No. 1433,International Association of Fire Fighters—Page 13 Section 22.2 Quantity Provided to Each Employee. In the first year of employment, five (5) sets of daily uniforms will be furnished to each employee. Thereafter, one (1) uniform per year will be purchased as needed to maintain uniform appearance. Winter coats and cold weather gear will be purchased and replaced by the City as conditions warrant. The employer will maintain on hand "throw-away" coveralls for the use of employees as conditions warrant. Section 22.3 Replacement. Equipment and/or clothing lost, stolen, destroyed, or damaged in the line of duty, and without negligence on the part of the employee, will be replaced by the City without cost or charge to the employee. Clothing and equipment provided by the City shall be purchased and maintained with regard to employee's health and safety. Section 22.4 Routine Safety Equipment Inspections. Safety equipment will be inspected and maintained to meet vertical standards of safety and operational conditions. Section 22.5 Cleaning. Exercise clothing consisting of T-shirts and shorts shall be provided and laundered by the employer. Employees shall provide and launder off the work premises their own socks, athletic shoes,under clothing and personal equipment. ARTICLE 23—WAGES Section 23.1 2011. Effective January 1, 2011, the base hourly wage rate for top-step firefighter under this agreement shall increase by three percent(3%). Effective July 1, 2011 the base hourly wage rate for top-step firefighter under this Agreement shall increase by one percent(1%). Section 23.2 2012. Effective January 1, 2012, the base hourly wage rate for top-step firefighter under this Agreement shall increase by four percent(4%) Section 23.3 2013. Effective January 1, 2013, the base hourly rate for top-step firefighter under this Agreement shall increase by 1.6% [100% CPI-U,b/c western cities (October/October)] with a minimum of 0%.] Section 23.4 Incentive Pay. Employees may only receive incentive pay for up to two (2) skills from this section. If an employee qualifies for more than two (2) skills s/he shall receive the two (2)highest percentage incentives qualified for. TRT 3%of top-step firefighter HazMat 2%of top-step firefighter SCBA Technician 2%of top-step firefighter Communications Technician 2% of top-step firefighter Bilingual (certified) 2% of top-step firefighter Fire Investigator 2% of top-step firefighter Section 23.5 Continuous Service Pay. Continuous service pay shall be computed on the individual employee's hourly rate of pay at two percent (2%) after ten (10) years of continuous service with the department; three percent (3%) after fifteen (15) years of continuous service 2011 —2013 Collective Bargaining Agreement between City of Pasco and Local No. 1433,International Association of Fire Fighters—Page 14 with the department; four percent (4%) after twenty (20) years of continuous service with the department; and five percent (5%) after twenty-five (25) years of continuous service with the department. Section 23.6 Battalion Chief Pay. Effective January 1, 2011, the base hourly rate of pay for the Battalion Chief position shall be maintained at twenty-five (25%) above top-step firefighter. Section 23.7 Captain Pay. Effective January 1, 2011, the base hourly rate of pay for the Captain position shall be maintained at fifteen percent(15%) above top-step firefighter. Section 23.8 Lieutenant Pay. Effective January 1, 2011 the base hourly rate of pay for the Lieutenant position shall be maintained at ten percent (10%) above top-step firefighter. Section 23.9 Paramedic Pay. Effective January 1, 2011, the base hourly rate of pay for the paramedic position shall be maintained at ten percent (10%) above the firefighter step s/he falls under. (All current paramedics were hired at top step firefighter). Section 23.10 Firefighter Pay Steps. All firefighter pay steps will be figured on a percentage of top-step firefighter. Step I firefighter 0 — 12 months 80% of top-step firefighter Step 2 firefighter 13 —24 months 85% of top-step firefighter Step 3 firefighter 25—36 months 90% of top-step firefighter Step 4 firefighter 37—48 months 95% of top-step firefighter Step 5 firefighter 49+months 100%of top-step firefighter Lateral hires for Firefighter and Paramedic shall start at pay Step 3 —25 months. Section 23.11 Adjusted Hourly Rate of Pay. Adjusted hourly rate of pay, when used in this agreement, means the employee's base hourly rate of pay plus incentives and continuous service pay. Note: The Battalion Chief position is a name change only. All current Captains (three 24-hour shift and one day shift) will now be called Battalion Chiefs. This does not change their duties or how they carry out their duties. The Captain position is a name change only. All current Lieutenants (nine 24-hour shift and one day shift) will now be called Captains. This does not change their duties or how they carry out their duties. The Lieutenant position, as it pertains to this Agreement, is a new position (three in total, one per shift.) ARTICLE 24—OVERTIME PAY The City shall administer overtime according to the following provisions: 2011 —2013 Collective Bargaining Agreement between City of Pasco and Local No. 1433,International Association of Fire Fighters—Page 15 Section 24.1 Pre-Scheduled Overtime. Any pre-scheduled overtime must be approved by the Fire Chief. Any emergency overtime may be approved by the Duty Officer, but only in accordance with departmental regulations. Section 24.2 Time Paid. Time worked to the nearest greater one-half hour beyond an employee's regularly scheduled shift shall be paid at one and one-half times the employee's adjusted hourly rate of pay. The time and one-half shall be paid for all hours worked rounded to the greater half hour. Section 24.3 Call Back Pay. Except as otherwise stated herein below, an employee who is called back to duty from off the station site after his normal shift has ended, but before the scheduled start of his next shift, shall receive the sum of Forty-Five Dollars ($45.00) plus one hour minimum of overtime pay. Section 24.4 Off-Duty Events. Any employee attending a meeting, public function, schooling or training outside his regular shift shall not be eligible for call back pay per subsection 24.3, except when the employee's attendance is required by the administration and the employee has not been given at least seventy-two (72) hours' notice of said function, in which case the employee shall be paid call back pay per subsection 24.3. Section 24.5 Overtime Rates. When it is necessary to hold an employee beyond his regular or exchange shift,he shall be paid at the time and one-half rate and no call-back pay shall apply. In the event coverage is required due to the absence of another employee, as soon as practical either a twelve (12) or twenty-four (24) hour shift shall be offered to employees in inverse order of accumulated overtime (those with least amount first). Call-back pay shall not apply under the latter circumstance. Section 24.6 Exceptions. Effective 1/1/2013, the City and Local have agreed to the following exceptions of having to first offer overtime to all employees in inverse order of accumulated overtime(those with the lease amount first), in the following two (2) situations: a. In the event coverage is required due to the absence of another employee and there are less than two (2) officers on duty; an Officer/Paramedic counts as an officer on duty. b. In the event coverage is required due to the absence of another employee and there are less than three(3) paramedics on duty; an Officer/Paramedic counts as a paramedic on duty. In either of these two situations, as soon as practical, either a twelve (12) or twenty-four (24) hour shift shall be offered to officers and/or paramedics in inverse order of accumulated overtime (those with the least amount first) before having to offer overtime to all employees in inverse order of accumulated overtime (those with the least amount first.) Call-back pay shall not apply under the latter circumstance. 2011 —2013 Collective Bargaining Agreement between City of Pasco and Local No. 1433,International Association of Fire Fighters—Page 16 The City and Local have also agreed that at any time the City reduces the number of officers and/or paramedics on the department below the following levels, this Section 24.6 Exceptions, will be null and void and this contract will revert back to Sections 24.1 through 24.5 only. Four(4) Battalion Chiefs on department. One (1) per shifts A, B, C and one(1) day shift. Ten (10) Captains on department. Three(3)per shifts A, B, C and one(1) day shift. Three (3) Lieutenants on department. One(1)per shifts A, B, C Six (6) Paramedics per first run Medic Ambulance. ARTICLE 25 —WORKING OUT OF CLASSIFICATION Any person covered by this Agreement who is required to accept responsibilities in carrying out the duties of position or rank above which they normally hold, shall be paid at the base hourly rate of pay and incentives for that position or rank plus the employee's continuous service pay, or his regular adjusted hourly rate of pay, whichever is higher, while so acting. ARTICLE 26—BILINGUAL INCENTIVE PAY Bilingual incentive pay shall be paid to any Local member who demonstrates fluency in the Spanish language. Proof of fluency shall be determined by a test approved by the Civil Service Commission. Bilingual incentive pay shall be computed as outlined in Article 23 Wages, Section 23.4 Incentive Pay. ARTICLE 27—HAZARDOUS MATERIALS INCENTIVE PAY The Union and the City recognize that response to Hazardous Materials incidents and Technical Rescue incidents are basic to the fire service and the duty of a firefighter. The Union and the City also recognize that employees who have received special training at least equivalent to qualify as a "specialist" under the National Fire Protection Association Standard 472 "Professional Competence of Responders to Hazardous Materials Incidents" and those who qualify for and are appointed by the Fire Chief to the Technical Rescue Team, who utilize and exercise such training, knowledge and experience in emergency response calls in their work for their department should receive additional compensation. Hazardous Materials and Technical Rescue incentive pay shall be computed as outlined in Article 23 Wages, Section 23.4 Incentive Pay. Hazardous Materials and Technical Rescue Team members shall also be eligible for pay at the individual's overtime rate with no call-out pay, to attend all schedule team drills or classes as required by the Hazardous Materials Team Coordinator or Technical Rescue Team Coordinator. The Union and the City agree that the number of team members shall be limited to six (6) employees for Hazardous Materials Team members and nine (9) employees for Technical Rescue Team members, as approved by the Fire Chief. On duty members of both teams shall be allowed to respond when their respective teams are activated and the City will call back personnel, as needed, to backfill their positions. Off duty team members recognize the method of notification for incidents will be by way of cell phone text and will be allowed to respond when their team is activated and will be subject to overtime and call back pay. 2011—2013 Collective Bargaining Agreement between City of Pasco and Local No. 1433,International Association of Fire Fighters—Page 17 ARTICLE 28—OFFICER/PARAMEDIC INCENTIVE PAY Two percent (2%) of base hourly rate shall be paid to any Firefighter/Paramedic, Lieutenant, or Captain who satisfactorily maintains a Washington State Paramedic Certification and performs said duties while in an upgrade position (lieutenant/captain upgrade.) The City shall offer those training benefits listed in Article 21 (Education article) for maintenance of Paramedic Certification. This article does not pertain to the position of Battalion Chief as the Battalion Chief s responsibility is incident commander. ARTICLE 29—HOURS Section 29.1 Shifts and Work Periods. The duty schedule for Suppression and Paramedic personnel shall consist of a twenty-eight (28) day work period wherein 192, 200, or 208 duty hours are scheduled on a regular, cyclical basis. This averages to a fifty (50) hour duty week. Shifts will commence at 8:00 a.m. and will terminate at 8:00 a.m. the following day. Normally, the cycle will be twenty-four(24) hours on duty followed by forty-eight (48) hours off duty with a Kelly Day (additional shift off) scheduled during every work period for a total of thirteen (13) annually. Section 29.2 Kelly Days. Kelly Days must be taken within the work period earned. The scheduled date of a Kelly Day may be changed provided a request is submitted to the Fire Chief at least forty-eight (48) hours in advance and said request is approved. The Fire Chief shall post the schedule in December for Kelly Days to be taken for the following year. A draft schedule shall first be submitted to the Chief by each shift Battalion Chief following the procedure established by the department rule. Section 29.3 New Hires — Special Scheduling. New hires may be assigned a five (5) day/ten— (10) hour per day work week scheduled during the first two (2) months of employment to facilitate their training. New hires shall receive fourteen (14) days' advance notice of any schedule change. Section 29.4 Time Off Approvals. Approval of any requests for time off from a scheduled work shift is subject to the discretion of the Fire Chief or his designee. Up to four (4) men will be given time off at any given time from any shift for Kelly Day, Vacation Leave, Holiday Leave, or any combination thereof; provided, this "four (4) employees off rule" shall not include any employee on sudden sick leave, disability leave, bereavement leave, civil leave,jury service or required appearance at legal proceedings due to a work related incident, or an approved leave of absence without pay. Section 29.5 Productivity Emergency Stand-By Schedule. On-duty employees shall maintain a productivity/emergency stand-by schedule. Except as otherwise stated below, productivity time with scheduled work or training shall normally be from 0800 to 1600, with a lunch hour from 1200 to 1300 and fifteen (15) minute breaks in the morning and afternoon. 1600 to 1800 hours Monday through Friday, and 1300 to 1500 hours on Saturdays, Sundays, and Holidays, shall normally be for physical fitness as stated in the Physical Fitness Article. 1600 to 1800 hours on Saturdays, Sundays, and Holidays, shall normally be for assigned training and work. 2011 —2013 Collective Bargaining Agreement between City of Pasco and Local No. 1433,International Association of Fire Fighters—Page 18 1800 to 2000 hours shall be the dinner hour. 2000 to 2200 hours shall be for training (limited to four (4) days in any calendar week and excepting Sundays and holidays if other days in the week are otherwise available). 2200 to 0800 hours shall be considered emergency stand-by time. Exceptions: • Stand-by for emergency medical services at Pasco high schools' athletic events may take place during emergency stand-by time. • Transports as outlined in Article 36 — Inter-Facility Patient Transports may take place during emergency stand-by time. ARTICLE 30—SHIFT REASSIGNMENT The City will cooperate to the extent reasonably possible with the affected employees to minimize or eliminate any loss of hours or benefits due to a shift reassignment initiated by the City, through the use of advance notice, voluntary shift exchanges, working additional hours, or other available means not increasing the wages or benefits that would be paid by the City to the employees had the shift reassignment not occurred. However, any planned shift reassignment for an upcoming year shall normally take place early in the calendar year to facilitate the scheduling and taking of vacations, holiday Ieave or other long-range time-off benefits. ARTICLE 31—SHIFT EXCHANGE Employees shall be permitted to change shifts or portions thereof when the change does not interfere with the best interest of the Fire Department and with the approval of the Fire Chief or his designee. Approval of the Fire Chief is contingent upon the employees meeting the following conditions: 1. The exchange is voluntary and upon the written request of the two involved employees. Documentation shall not be required for requests under twelve(12)hours. 2. The exchange is between individuals of equal rank and/or there will be no increased costs to the City. Paramedics will be permitted to exchange shifts with firefighters provided at least one (1) paramedic per station remains on the regular shift at the time the written request is submitted and approved. For the purpose of this section, it is understood that if it is necessary to call back a paramedic, only a paramedic shall be called back. The paramedic with the lowest overtime hours shall be called first... 3. The time will be paid back within twelve (12) months. 4. The voluntary request for such change or trade is submitted on the proper form provided by the Fire Chief. ARTICLE 32—VACANCIES/PROMOTIONS Section 32.1 Temporary Upgrade—Battalion Chief. In the event a twenty-four(24) hour shift Battalion Chief is absent from his regular scheduled shift, the position shall first be offered to an 2011 —2013 Collective Bargaining Agreement between City of Pasco and Local No. 1433,International Association of Fire Fighters—Page 19 off duty Battalion Chief in inverse order of accumulated overtime (those with the least amount first.) If no Battalion Chief accepts the overtime then the position shall be filled by a temporary upgrade in the following order within the ranks of the department. 1) Captain from duty shift with highest score on Battalion Chief s Eligibility List, 2) Captain from duty shift by seniority based on time in grade. The senior Captain on duty may turn down the upgrade provided another Captain on duty takes the upgrade. 3) Off duty Captain in inverse order of accumulated overtime(those with the least amount first). 4) Lieutenant from duty shift who has a minimum of four(4) years of officer experience. It is understood that a firefighter shall not upgrade to acting Battalion Chief. When it is necessary to establish a Battalion Chiefs Eligibility List, a Civil Service examination will be given to employees within the department with at least four (4) years' experience and to persons outside the department with at least four (4) years' experience in a full-time position (at least 2,000 hours per year) in a fire suppression agency. Employees shall be given a six (6) month notification that a Battalion Chief s Civil Service Examination will be given. Section 32.2 Temporary Upgrade — Captain. In the event a twenty-four (24) hour shift Captain is absent from his regularly scheduled shift, the position shall be filled by a Lieutenant from the duty shift. If no Lieutenant is on duty, see Section 32.3 Temporary Upgrade Lieutenant. When it is necessary to establish a Captain's Eligibility List, a Civil Service examination will be given to employees within the Department with at least four(4) years' experience and to persons outside the department with at least (4) years' experience in a full-time position (at least 2,000 hours per year) in a fire suppression agency. Employees shall be given a six (6) month notification that a Captain's Civil Service Examination will be given. Section 32.3 Temporary Upgrade — Lieutenant. If there is no Lieutenant on duty to fill a temporary Captain upgrade, the employee with the highest score on the Lieutenant's Eligibility List, amongst the duty shift, shall be upgraded to Lieutenant, unless an officer has accepted a twenty-four (24) overtime shift. In the event no one from the eligibility list is on the shift, then the senior firefighter with regard to continuous service shall be appointed to the upgrade. The firefighter shall be allowed to refuse an upgrade to Lieutenant, provided that another member of the shift accepts the upgrade and no overtime costs are incurred. A Lieutenant's Eligibility List shall be maintained from a Civil Service examination given at least every two (2) years to employees within the department with at least four (4) years' experience and to persons outside the department with at least four (4) years' experience in a full-time position (at least 2,000 hours per year) in a fire suppression agency. 2011 —2013 Collective Bargaining Agreement between City of Pasco and Local No. 1433,International Association of Fire Fighters—Page 20 The City and Local have also agreed that at any time the City reduces the number of officers on the department below the following levels, this Article will revert back to the intent as in the 2008-2010 CBA. This would mean any officer could serve as a Battalion Chief upgrade, and any firefighter on an officer promotional list could serve as a Battalion Chief upgrade. Four(4) Battalion Chiefs on department. One (1) per shifts A, B, C and one(1) day shift. Ten (10) Captains on department. Three(3)per shifts A, B, C and one (1) day shift. Three(3) Lieutenants on department. One(I) per shifts A, B, C ARTICLE 33—STATION BIDDING Since the Pasco Fire Department operates out of three fire stations, employees on each of the (3) three shifts A, B, and C, will be allowed to bid for station assignments every two years on their shift. Management will coordinate the bid process. The Fire Chief shall issue a memorandum with an accompanying Station Bid form to each employee and record each response until all of the station assignments for each shift are completed. The employees within each classification on their respective shift shall bid based on descending seniority with the most senior having preference on station assignments. The order of bidding will start with the Captains and be followed by the Lieutenants, the Firefighter/Paramedics, and then the Firefighters. Battalion Chiefs will not bid on station assignments. Seniority is defined in Article 44 — Personnel Reduction. Bidding will not occur due to vacancies. Notwithstanding the above, the Fire Chief, at his discretion and for reasonable cause, may make changes in the shift or station assignments to meet the operational needs of the department, including, but not limited, to staffing of shift officers and firefighter/paramedics. Except in emergencies, thirty (30) days advanced notice will be given any employee who will be transferred and the Fire Chief shall provide a statement in writing to the affected employee(s) giving the reasons for the transfer. ARTICLE 34—PROBATIONARY EMPLOYEES Employees on probation upon entering city service shall not be entitled to take vacation or holiday leave. A probationary employee will earn vacation credit which shall be credited to the employee when s/he becomes a regular employee. A probationary employee shall earn sick leave credit in accordance with Article 15 and shall be allowed to utilize sick leave benefits as set forth in Article 15. However, probationary employees must provide documentation (a written explanation from health care provider or employee) to the Fire Chief or his designee for all sick leave used. Probationary employees who do not pass their probation for any reason shall not receive any accumulated leave benefits under this agreement, except any holiday hours they were required to cash out by contract. 2011—2013 Collective Bargaining Agreement between City of Pasco and Local No. 1433,International Association of Fire Fighters—Page 21 ARTICLE 35— PARAMEDIC PERSONNEL Section 35.1 The Union agrees to actively support the paramedic program and agrees to support the maintenance and operation of the paramedic program, as determined by the City, to provide an effective level of service to the community. Further, the Union shall work jointly with the City in securing committed applicants for open positions. Section 35.2 From time to time, as a local paramedic training program is available, the City may offer employees in the Firefighter classification the opportunity to participate in the local paramedic training program by reimbursement to the employee of their tuition and cost of their books and other training materials. Employees requesting employer assistance in paramedic training as set forth herein shall be screened by a committee whose membership shall include Union representatives. The committee shall rank and make recommendation to the Fire Chief of a list of the applicants showing the greatest potential to complete the training program and commitment to long-term paramedic service for the City. The Chief,s determination as to the employee(s) selected for the City-assisted paramedic training program shall be final. Section 35.3 Employees selected for the paramedic training program by the Fire Chief, once enrolled, shall utilize their best efforts to successfully complete the program. Any request by trainees to drop out of the program must be made in writing to the Fire Chief. Approval to discontinue training shall be given only by the Fire Chief, with concurring approval of the City Manager. Section 35A Any Firefighter promoted to the Paramedic/Firefighter classification is expected to remain in the Paramedic/Firefighter classification unless promoted or permission is granted by the Fire Chief to transfer back to the Firefighter classification pursuant to Section 35.5 below. Section 35.5 Paramedic/Firefighter personnel may, after eight (8) years in the classification of Paramedic/Firefighter, make written request to the Fire Chief to be allowed to return to the Firefighter classification. The request shall be granted provided there are vacant Firefighter position(s) available in the Fire Department due to resignation, dismissal, promotion or expansion. In the event two or more Paramedic/Firefighters request reclassification to the Firefighter classification and there are insufficient available positions, the most senior Paramedic/Firefighter shall have first preference. Seniority for purposes of this Article shall be determined by time served as a Paramedic/Firefighter with the City. Section 35.6 Those Paramedic/Firefighters promoted from the Firefighters classification prior to 1984 (or enrolled in a paramedic training program prior to 1984 and subsequently promoted to the Paramedic/Firefighter classification during the calendar year 1984) have the prevailing right to become decertified as a Paramedic and transfer back to the Firefighter classification, provided the City shall have not more than six (6) months (from the date it receives written request for such transfer)to effect the transfer and, provided further, the Union acknowledges and agrees the City is not obligated to create a new position to accommodate the transfer. 2011 —2013 Collective Bargaining Agreement between City of Pasco and Local No. 1433,International Association of Fire Fighters—Page 22 ARTICLE 36—INTER-FACILITY TRANSPORTS Section 36.1 The parties agree that inter-facility transports for Lourdes Medical Center and other care facilities for the aged and infirm in Pasco that are currently taking place at the time of the ratification of this collective bargaining agreement are within the scope of public services to be provided by the Fire Department. Section 36.2 Current Practice. Currently, the transports described in Section 36.1 are performed as a backup to a private transport provider, and are generally performed from Lourdes Medical Center to Kennewick General Hospital, Kadlec Medical Center or other area care facilities for the aged and infirm, and/or the transport of flight crews and/or patients to and from the Tri-Cities airport and Lourdes Medical Center. Long-haul transports (transports outside of the Tri-Cities area) are not currently being performed by fire department personnel. In addition, the transports currently being performed are less than one (1) transport per twenty-four(24) hour shift on average over a period of ninety(90) consecutive days. Section 36.3 Negotiations. The parties agree to open bargaining on the impacts and effects of the transports described in Section 36.1 and Section 36.2 if the volume of transports exceeds one (1) transport per twenty-four (24) hour shift over a period of ninety (90) consecutive days, otherwise, the employer's obligation to participate in impacts and effects bargaining for making changes to the current practice described in Section 36.2 shall be consistent with requirements of Chapter 41.56 RCW. ARTICLE 37—STAFF MEETINGS Section 37.1 Regular Meeting. A staff meeting comprised of the Fire Chief, Battalion Chiefs, and day shift personnel shall be called as often as determined by the Fire Chief,but not less than quarterly. The length of such meetings shall be determined by the Chief. Section 37.2 Decisions Regarding Department Operations. The Chief shall take into consideration the discussion and input he receives at the meetings in his decision-making concerning department operations. Nothing herein, however, shall be interpreted to prevent the Chief from making a change in department operations that he otherwise has the discretion to make. Section 37.3 Off-Duty Employees Required to Attend. Off-duty employees required to attend any staff meetings shall be paid at the overtime rate of pay. No call-back premium or minimum hours of pay requirement is applicable. ARTICLE 38—RULES AND REGULATIONS The Union agrees that its members shall comply in full with Fire Department rules and regulations, as currently in effect or hereafter amended, including those relating to conduct and work performances. The Employer agrees that departmental rules and regulations which affect working conditions and performance shall be subject to the Grievance procedure. In addition, the employer agrees that any changes in rules and regulations which affect working conditions, 2011 —2013 Collective Bargaining Agreement between City of Pasco and Local No. 1433,International Association of Fire Fighters—Page 23 other than for emergency matters, will be posted two (2) weeks in advance of their effective date, unless said posting period is waived by the Union. Inter-office memos that amend working conditions shall be incorporated in departmental rules and regulations within forty-five (45) days of the date issued. ARTICLE 39—WORK REQUIREMENTS The City agrees that members of the Fire Department shall not be required to perform work normally performed by members of another Union or another City department outside of the station, except where danger to life and property exists. ARTICLE 40—TOBACCO USE At the discretion of their immediate supervisor an employee may use tobacco products, but only outside any city fire station and off any city apparatus, vehicle or equipment. The City will reimburse a current employee for the tuition or fee for attending and successfully completing an anti-smoking treatment program in an amount up to $300 one time only. ARTICLE 41 —SUBSTANCE FREE WORKPLACE The Substance Free Workplace policy consisting of seven pages and attached hereto as Appendix "D"is incorporated herein by this reference. ARTICLE 42—OUTSIDE EMPLOYMENT Employees holding outside jobs, including self-employment, shall not: (1) advertise on City property, (2) involve the use of City equipment or supplies; (3) infringe on their ability to do their job; (4) result in a conflict of interest. In cases where the City feels a problem exists, then the City must notify the employee and the Union of the perceived conflict in writing within 48 hours of notification. The Local may then file a formal grievance as allowed in Article 9 if this issue could not be resolved prior to the time line allowed in Article 9. The affected employee would be able to continue their outside employment during pendency of the grievance procedure. The parties agree that an expeditious resolution of the Grievance is desirable for all parties involved. Therefore the Local may initiate this type of grievance at the step 2 level of Article 9. Employees will notify the city at least 48 hours before commencing new outside employment. Notification will be by means of a form agreed to by the parties and as found in the appendices of this Collective Bargaining Agreement. ARTICLE 43—PHYSICAL FITNESS Section 43.1 Goals and Testing. Employees agree to attempt to maintain an acceptable level of body fat (less than 20% and less than 25% for women). Employees further agree to attempt to 201 1 —2013 Collective Bargaining Agreement between City of Pasco and Local No. 1433,International Association of Fire Fighters—Page 24 maintain a rating of "adequate" or better on the performance standards for cardiovascular endurance, upper body strength, abdominal strength, and trunk flexion, set forth in the appendix to this Agreement. Testing shall occur up to quarterly (four times a year) at the direction of management. All employees are required to participate in the required testing, except that members with temporary physical limitations which prevent or substantially hinder an employee from safely performing any or all of the tests, should be granted an exemption from those tests he or she cannot safely perform. To be eligible for such an exemption, a member must submit to the City a written statement from the member's physician establishing the condition or disability. If the City disagrees with the judgment of the member's physician, then the City shall have the right to have the member examined by the physician of its choice and at its expense. If the physician utilized by the City disagrees with the member's physician, then the two physicians shall select a third physician, who shall examine the employee at the City's expense. The judgment of the third physician as to the member's physical condition shall be binding, unless mutually agreed to the contrary by the parties. Section 43.2 Time. The hours of 1600 to 1800, Monday through Friday, and 1300 to 1500, Saturdays, Sundays and holidays, shall normally be utilized for physical fitness activities. These activities shall not, however, disrupt emergency duties or a scheduled training or work activity that for unanticipated reasons has carried over into the normal period of physical fitness activity. Section 43.3 Place. Physical fitness activities shall take place only in the assigned stations for all employees using the employer provided exercise equipment. Section 43.4 Physical Exam. Annually, all employees shall be given a baseline physical examination by Lourdes Occupational Health. Thereafter, the duty officer shall maintain a monthly log of each employee's weight, blood pressure, and resting heart rate. Costs for all testing shall be the responsibility of the City. Section 43.5 Physical Fitness Activities. Physical fitness activities shall be as follows: Normally, activities shall be performed for a minimum of one hour. All employees covered by this Agreement shall participate in physical fitness activity as time allows, excluding the time necessary for showers and changing, unless excused by the Fire Chief or his designee, or interrupted by emergency duties or an unanticipated unfinished work or training activity as set forth above. Employees may utilize all exercise equipment and facilities available in their program of exercise, subject to the following: A minimum of 10 minutes shall be spent on warn-up exercises and stretching, followed by a minimum of 20 minutes of weight/aerobic circuit training. The circuit shall include,minimally,the following weight exercises: Shoulder Press Sit-ups Abdominal Crunch Hip Extension Heel Raise Back Press Leg Press Leg Curl Hip Flexor Chest Press Low Pulley-arm Curl Lat Pulldown 2011 —2013 Collective Bargaining Agreement between City of Pasco and Local No. 1433,International Association of Fire Fighters—Page 25 Leg Squat Low Pulley-artn Curl Reverse I Back Press During an exercise circuit, each weight training exercise shall be performed for 30 seconds. Between each weight training exercise shall be 30 seconds of aerobic activity. Typical aerobic activity shall be running in place,jumping jacks, or rope-skipping. Section 43.6 Record of Employee Participation. A record shall be completed by the duty officer to ensure that all on-duty employees complete the required circuit training. A check list shall be utilized for each employee showing the weight selected at each circuit weight station by the employee. The duty officer will determine by observation and/or questioning that each member has fulfilled the obligation. (a) If all personnel have completed their obligation, the duty officer will make a notation on the duty activity report to indicate that fact. (b) If the fitness activities have not been completed, the duty officer will make a notation on the daily activity report to indicate the fact. (c) The duty officer will complete a written report and attach the report to the daily activity report. This report will contain: 1. The names of all persons not completing their obligation. 2. The reason(s)those persons did not complete their obligation. 3. The steps the duty officer took to cause those persons to fulfill their obligation. All exercise records shall be kept by the Fire Chief as part of the employee's permanent record. Section 43.7 Rules and Regulations/Safety Precautions. Employees shall follow all rules and regulations regarding the use of exercise equipment and wear proper clothing and safety devices when recommended for the physical activity they are performing. ARTICLE—44 PERSONNEL REDUCTION Section 44.1 Reductions Re-Employment. In the case of a personnel reduction within any classification, the employee with the least seniority shall be laid off first. When two or more employees of the same classification being reduced have the same date of employment, they shall be laid off by inverse ranking off the Civil Service list from which they were hired. An employee being laid off may choose to transfer to a lower classification for which he is qualified and may do so provided he has more seniority than other employees occupying that classification. Any employee who has been laid off shall be first offered re-employment in a position within the bargaining unit which becomes vacant subsequent to the individual being laid off, provided the individual meets the minimum qualifications for the position and was laid off within the immediately preceding three (3) years. Any employee turning down the re- employment offer shall forfeit his right to future re-employment offers. Any employee(s) 2011 —2013 Collective Bargaining Agreement between City of Pasco and Local No. 1433,International Association of Fire Fighters—Page 26 holding an officer position that was eliminated due to personnel reductions and who transferred to a lower classification shall be first offered the opportunity to return to his prior rank when a position becomes available. Section 44.2 Seniority Defined. Seniority shall be defined as the date of hiring to a regular full- time position. Rank shall be defined as Battalion Chief, Captain, Lieutenant, Paramedic- Firefighter and Firefighter. The rank of Paramedic-Firefighter and Firefighter shall be considered the same with respect to the choosing of Kelly Days, Vacation, and Holiday time off. Section 44.3 Seniority Listing. Appendix "B" hereto is a current listing of seniority in the department's bargaining unit according to the preceding criteria. This list shall be maintained by the Personnel Manager and updated as new employees are hired and existing employees leave city service. ARTICLE 45—DISCIPLINE Section 45.1 Just Cause. The City shall not take disciplinary action against any employee without just cause. The City retains the right to discharge new employees at will during or at the end of the probationary period and the discharge shall not be made the subject of a grievance either by the employee or the Union. Section 45.2 Progressive Discipline. The purpose of discipline is to correct behaviors which are in need of change. Informal discipline consists of coaching/counseling/teaching. Informal discipline notes/ documentation are for use by the employee's supervisor. Informal counseling may be documented on the corrective counseling form for annual performance evaluation purposes and is not placed in the official personnel file. Formal discipline of non-probationary employees in circumstances not warranting termination will normally follow a progressive disciplinary pattern with the objective of correcting the problem. When deciding the degree of discipline, the City will take into consideration the circumstances surrounding the incident(s), the severity of the offense, and the past work record and past conduct of the employee. When meeting with a management supervisor or at any hearing where discipline is being considered, the employee shall be entitled to union representation. The term progressive discipline, as used herein, refers to a discipline process normally including the following steps: (a) A verbal warning will be documented in writing and placed in the official personnel file. (b) A written reprimand (warning); discussion between the disciplined employee and administrative officers. The written reprimand shall be placed in the employee personnel file. (c) A 2nd written reprimand (warning) and referral to City Manager for possible suspension. 2011 —2013 Collective Bargaining Agreement between City of Pasco and Local No. 1433,International Association of Fire Fighters—Page 27 (d) 3 `' written reprimand (warning) and referral to City Manager for demotion/suspension/ termination. At any time during this formal process an employee is entitled to union representation. This process normally shall be specific to each alleged violation. ARTICLE 46—40-HOUR/WEEK UNIFORMED FIRE PERSONNEL 40-hr/week personnel under- this contract will be governed by all articles of this collectively bargaining contract with the exceptions as below: Section 46.1 40 hour/week personnel will generally be scheduled a 40-hour work week, as approved by the Fire Chief. Section 46.2 Eleven (10 calendar, 1 personal) paid holidays per year, taken on the day of or as approved by the Fire Chief. Section 46.3 The following formula for accruing sick leave and vacation time will be utilized. The employee(s) in this category will earn leave time at 80% of the rate earned by 24-hour shift personnel as written in the collective bargaining agreement. Sick leave accrual: hrs/pay period Vacation accrual: hrs/pav period 40-hour 50-hour Year 40-hour 50-hour 5.6 7 0-5 4 5 6-10 4.8 6 11-15 5.6 7 16-20 6.4 8 21+ 7.2 9 When employees move from 24-hour shifts to 40-hours/week, they carry their current accruals with them at the amount shown on the accrual records. When they move from 40-hours/week positions to 24-hour shift positions they will again carry their current accruals with them to the new schedule. Maximum accruals will remain the same for both assignments. Section 46.4 In the event of a line officer position opening after two years, a 40-hour/week staff officer will have the right of first refusal for that position, providing s/he was number one on the eligibility list at the time of the staff appointment. 40-hour/week staff officers below the number one position on the eligibility list will be considered for appointment along with the top two candidates on the new list. Section 46.5 40 hour/week personnel shall be able to fill a vacant line position equal to their rank and qualifications for up to twelve (12) hours and a maximum of six (6) times per year. This will be done on days approved by the Fire Chief or his designee. The intent of this article is to enable 40-hour/week personnel to maintain qualifications, such as paramedic qualification, without having to work overtime shifts. 2011 —2013 Collective Bargaining Agreement between City of Pasco and Local No. 1433,International Association of Fire Fighters—Page 28 Section 46.6 40-hour/week personnel will be paid time and one-half, at their adjusted rate, if they work over forty (40) hours in the seven day period. 40-hour personnel may respond to incidents in support of regular staffing as needed or directed. After hours response will be requested by the Fire Chief or his designee and agreed to by the 40-hour/week personnel. Overtime shall be paid for worked hours exceeding forty (40) in a seven (7) day period, from midnight Sunday to midnight Sunday. Holidays, when they fall on a regular schedule day of work for 40-hour/week personnel, shall count as hours worked for the purpose of figuring overtime. 40-hour/week personnel, at their choice, may be placed in the overtime rotation per terms of the current collective bargaining agreement. 40-hour personnel may only work overtime positions during their scheduled days off. Section 46.7 Adjust base hourly rate for the 40-hour/week positions: Current base hourly rate X 2,600 hours/2,080 hours+ 5% day shift differential When applicable: Pay for longevity,paramedic or other applicable premiums will be added. ARTICLE 47—MODIFIED DUTY LEOFF II employees who have a temporary medical condition that restricts their ability to perform their regular duties may agree to work modified duty assignments. The employee shall present the Fire Chief with a release form from his/her doctor that includes restrictions on the type of work the employee may perform. If possible, the release form should include an estimated date of full recovery for return to full duty. Hours worked shall not exceed the employee's assigned average work week. The actual number of hours worked will be agreed upon by the employee, Local and the Fire Chief. If more than one employee is eligible and agrees to a modified duty assignment, the Fire Chief shall split available work as evenly as possible among the eligible employees. The determination as to whether modified duty work exists rests solely with the Fire Chief. The determination as to accept modified duty work rests with the employee and the Local. Accepting or declining modified duty shall not result in any decrease in pay and benefit levels of the employee. All parties participating in modified duty shall have the right to discontinue the modified duty whenever they deem that the modified duty is not in their best interest. Modified duty work may include, but not limited to,such duties as: • Training that does not go against the employee's doctor's restrictions on the type of work s/he may perform. (Example: computer training vs. climbing ladders.) • Station deliveries • Picking up supplies • Clerical functions such as record keeping, filing, and answering phones • Housekeeping duties such as washing windows, dusting, sweeping and mopping floors. 2011 —2013 Collective Bargaining Agreement between City of Pasco and Local No. 1433,International Association of Fire Fighters—Page 29 ARTICLE 48—WSCFF MEDICAL EXPENSE REIMBURSEMENT PLAN (MERP) The City shall contribute $75.00 per month on a pre-tax basis for all LEOFF II bargaining unit members to the Washington State Council of Fire Fighters (WSCFF) MERP. These contributions shall be included as salary for the purpose of calculating retirement benefits. The Union and the employees agree to hold the City harmless and indemnify the City from any and all liability, claims, demands, law suits, and/or losses, damage, or injury to persons or property, of whatsoever kind, arising from and in any way related to the implementation and administration of the Trust Fund. The Union and employees shall be one hundred percent (100%) liable for any and all liabilities inclusive of any federal, state, or local agency determination regarding any liabilities that arise out of the Trust Fund. The Union and employees shall be liable for any and all tax penalties, as well as any other liabilities arising out of the implementation and administration of the MERP. Under no circumstances whatsoever will the City be liable for direct pay of any MERP benefit to the employees and/or retired employees and/or their beneficiaries. 2011 —2013 Collective Bargaining Agreement between City of Pasco and Local No. 1433,International Association of Fire Fighters—Page 30 Dated at Pasco, Washington, this day of 2012. CITY OF PASCO LOCAL#1433, I.A.F.F.: Matt Watkins, Mayor Kenneth Meyers, President IAFF 41433 Garrett Jenks, Secretary/Treasurer IAFF#1433 ATTEST: Debbie L. Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney 2011 —2013 Collective Bargaining Agreement between City of Pasco and Local No. 1433,International Association of Fire Fighters—Page 31