HomeMy WebLinkAboutIAFF Local No. 1433 - 2014-2015 Collective Bargaining Agreement2014-2015
COLLECTIVE BARGAINING AGREEMENT
between
CITY OF PASCO
and
LOCAL NO. 1433
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS
i Ca d3
2014-2015
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..........................................................1
ARTICLE 3 — UNION SECURITY / PAYROLL DEDUCTION.................................2
Section 3.1 — Assessment — Exceptions
Section 3.2 — Payroll Deductions
Section 3.3 — Hold Harmless
ARTICLE 4 — DISCRIMINATION......................................................................2
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
2014 — 2015 Collective Bargaining Agreement between the City of Pasco and
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Section 14.3 - Usage / Maximum Accrual
Section 14.4 - Separation From Service
Section 14.5 - Temporary and Probationary Employees
Section 14.6 - Vacation Cash Out
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......................................................................10
Section 17.1 - Holidays
Section 17.2 - Accrual / Utilization
ARTICLE 18 - BEREAVEMENT..................................................................11
ARTICLE 19 - HEALTH INSURANCE........................................................... I 1
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 & TRAINING.....................................................13
Section 21.1 -Employer Initiated Training
Section 21.2 - Employee Initiated Training
Section 21.3 - Fire Science and Advanced Life Support
ARTICLE 22 - UNIFORM / PROTECTIVE CLOTHING...................................14
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
2014 - 2015 Collective Bargaining Agreement between the City of Pasco and
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Section C. Wages
ARTICLE 23 — WAGES...............................................................................15
Section 23.1 — 2014
Section 23.2 — 2015
Section 23.3 — Incentive Pay
Section 23.4 — Continuous Service Pay
Section 23.5 — Battalion Chief Pay
Section 23.6 — Captain Pay
Section 23.7 — Lieutenant Pay
Section 23.8 — Paramedic Pay
Section 23.9 — Firefighter Pay Steps
Section 23.10 — Adjusted Hourly Rate of Pay
ARTICLE 24 — OVERTIME PAY..................................................................16
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...................................18
ARTICLE 26 — BILINGUAL INCENTIVE PAY................................................18
ARTICLE 27 — HAZARDOUS MATERIALS INCENTIVE PAY ........................... 18
ARTICLE 28 — OFFICER / PARAMEDIC INCENTIVE PAY...............................18
Section D. Hours/Working Conditions/Rules
ARTICLE 29 — HOURS............................................................................19
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.......................................................20
ARTICLE 31— SHIFT EXCHANGE.................................................................20
ARTICLE 32 — VACANCIES / PROMOTIONS..................................................20
Section 32.1 — Temporary Upgrade — Battalion Chief
Section 32.2 — Temporary Upgrade — Captain
Section 32.3 — Temporary Upgrade — Lieutenant
2014 — 2015 Collective Bargaining Agreement between the City of Pasco and
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ARTICLE 33 — STATION BIDDING..............................................................22
ARTICLE 34 — PROBATIONARY EMPLOYEES.............................................22
ARTICLE 35 — PARAMEDIC PERSONNEL....................................................23
ARTICLE 36 — INTER -FACILITY TRANSPORTS...........................................24
Section 36.1
Section 36.2 — Current Practice
Section 36.3 - Negotiations
ARTICLE 37 — STAFF MEETINGS................................................................24
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...................................................24
ARTICLE 39 — WORK REQUIREMENTS.......................................................25
ARTICLE 40 — TOBACCO USE...................................................................25
ARTICLE 41— SUBSTANCE FREE WORK PLACE.........................................25
ARTICLE 42— OUTSIDE EMPLOYMENT.....................................................25
ARTICLE 43 — PHYSICAL FITNESS..............................................................25
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.....................................................27
Section 44.1 — Reductions Re -Employment
Section 44.2 — Seniority Defined
Section 44.3 — Seniority Listing
ARTICLE 45 — DISCIPLINE.........................................................................28
Section 45.1 — Just Cause
Section 45.2 — Progressive Discipline
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ARTICLE 46 — 40-HOUR/WEEK UNIFORMED FIRE PERSONNEL...................29
Section 46.1
Section 46.2
Section 46.3
Section 46.4
Section 46.5
Section 46.6
Section 46.7
Section 46.8 — Vacation Cash Out
ARTICLE 47 — MODIFIED DUTY................................................................30
ARTICLE 48 WSCFF MEDICAL EXPENSE REIMBURSEMENT PLAN (MERP).31
ARTICLE 49 — EMERGENTY CALLBACK PAGERS........................................31
SIGNATURE SHEET.................................................................................32
APPENDIX "A" — HOURLY WAGE RATES
APPENDIX "B" — SENIORITY LISTING
APPENDIX "C" — PHYSICAL FITNESS
APPENDIX "D" — SUBSTANCE FREE WORK PLACE
APPENDIX "E" — NOTIFICATION OF EMPLOYMENT
2014 — 2015 Collective Bargaining Agreement between the City of Pasco and
Local 1433, International Association of Firefighters
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2014-2015
COLLECTIVE BARGAINING AGREEMENT
between
CITY OF PASCO
and
LOCAL #1433, INTERNATIONAL ASSOCIATION OF
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, regular, 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, 2014 and shall remain in full force and effect through
the 315 day of December, 2015.
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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 furnish
2014-2015 Collective Bargaining Agreement between City of Pasco and
Local No. 1433, International Association of Fire Fighters — Page 2
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 limited 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.
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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 determine 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 l: 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 maybe 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 alterative 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 term 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 panties. 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 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.
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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.
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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 shifts 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 unreasonable
2014-2015 Collective Bargaining Agreement between City of Pasco and
Local No. 1433, International Association of Fire Fighters — Page 6
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 permitted 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.
Section 14.6 Vacation Cash Out. Effective January 1, 2015, employees entering their tenth (l0a')
year of continuous service may cash out up to forty-eight (48) hours of vacation in December each
year, provided the employee has maintained satisfactory work performance and has taken at least
ninety-six (96) hours of vacation time.
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 to
employees with less than twenty (20) years of service.
2014-2015 Collective Bargaining Agreement between City of Pasco and
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Effective January 1, 2015, upon separation from the Department, fifty percent (50%) of all unused
sick leave, to a maximum of eight hundred and forty (840) hours, shall be paid at the prevailing
hourly rate to employees with twenty (20) years or more of service.
Section 15.2 LEOFF I 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 I. If
the leave is of a long-term 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 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.
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(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 leave
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
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
term 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
2014-2015 Collective Bargaining Agreement between City of Pasco and
Local No. 1433, International Association of Fire Fighters — Page 9
Local and the City agree that 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 I'
Martin Luther King's Birthday
3' Monday in January
Presidents' Da
3' Monday in February
Memorial Day
Last Monday in May
Independence Day
July 4a`
Labor Da
1' Monday in September
Veterans' Day
November I I'
Thanksgiving Da
4' Thursday in November
Day after Thanksgiving Day
4' Friday in November
Christmas Day
December 25'
Personal Holiday
Employee's Choice
Section 17.2 AccruaWtilization. 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 cavy -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
2014-2015 Collective Bargaining Agreement between City of Pasco and
Local No. 1433, International Association of Fire Fighters — Page 10
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.
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. 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 1 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 1 expenses and shall apply to the
medical deductible limitation established in sections 19.5 and 19.6.
Section 19.4 Employee Vision Coverage. 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
2014-2015 Collective Bargaining Agreement between City of Pasco and
Local No. 1433, International Association of Fire Fighters — Page 11
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. The City will provide prescription insurance
coverage for dependents of LEOFF I and LEOFF II employees. 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 II employees who will be covered by a plan providing one
hundred percent (100%) coverage of Class 1 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 1 expenses
and shall apply to the medical deductible limitation established in section 19.5 and 19.6.
Section 19.8 Dependent Vision Coverage. 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 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 make
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
2014-2015 Collective Bargaining Agreement between City of Pasco and
Local No. 1433, International Association of Fire Fighters — Page 12
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).
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 & TRAINING
Section 21.1- Employer Initiated Training. Is training directly related to the employee's job if
it is intended to help the employee learn, maintain, or improve any job functions and/or activities
more effectively, that the employee is expected or could be expected to perform at their current
job. Or, any training that is desired by the city for the employee's current job functions and/or
activities.
The following shall apply to Employer Initiated Training;
a. Education/Training must be approved by the Fire Chief or his designee.
b. Actual costs of books, fees, tuition, registration, or any other costs shall be
covered by the City.
C. Employee(s) shall receive overtime compensation as per Article 24 for all actual
hours in class/training and travel time outside their regular scheduled shift/hours.
d. If the training duration is of multiple days and over fifty (50) miles away from the
Tri -Cities metropolitan area, the employee(s) attending training shall be backfilled
to cover their regular scheduled shift as needed to meet staffing levels.
Employee(s) shall receive per diem for mileage, meals, and lodging based on the
Standard Federal Rate, for the specific travel destination.
e. If the training is less than fifty (50) miles away from the Tri -Cities metropolitan
area employee(s) attending training shall be backfilled to cover their regular
scheduled hours for training and travel time as needed to meet staffing levels.
Employee(s) shall receive per diem for mileage and meals based on the Standard
Federal Rate, for the specific travel destination. Normally the employee(s) will be
expected to return to work after their education/training for the day has
concluded.
f. The Fire Chief or his designee may deem it unsafe to travel back from training
for any reason including but not limited to weather and road conditions, time of
day travel is to take place, etc. In cases where the Fire Chief or his designee
2014-2015 Collective Bargaining Agreement between City of Pasco and
Local No. 1433, International Association of Fire Fighters — Page 13
deems it unsafe to travel, the employee(s) attending training shall be backfilled to
cover their regular scheduled shift/hours as needed to meet staffing levels.
Employee(s) shall receive per diem for lodging based on the Standard Federal
Rate, for the specific travel destination in addition to per diem mentioned in
paragraph (e) above.
Section 21.2 - Employee Initiated Training — Employee initiated training is training sought by
an employee for the purpose of preparing for advancement, and is not intended to maintain or
improve their current job functions and/or activities. The department supports professional
development for its members and may elect to support the employee's requests to attend
Employee Initiated Training in one (1) or more ways as provided for Employer Initiated
Training. The determination of any support will be subject to seniority, financial resources, and
department staffing needs.
Section 21.3 — Fire Science and Advanced Life Support. Employees 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.
a. Employees intending to take classes in fire science shall submit a letter of intent to do so
by June I", prior to the year seeking reimbursement.
b. 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.
c. 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 response status and/or 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.
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.
2014-2015 Collective Bargaining Agreement between City of Pasco and
Local No. 1433, International Association of Fire Fighters — Page 14
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 2014. Effective January 1, 2014, the base hourly wage rate for top -step firefighter
under this agreement shall increase by two percent (2%).
Section 23.2 2015. Effective January 1, 2015, the base hourly wage rate for top -step firefighter
under this Agreement shall increase by two percent (2%).
Section 23.3 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
Public Fire Educator
2% of top -step firefighter — Effective 01/01/2015 — 1 per shift
Section 23.4 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 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 23.5 Battalion Chief Pay. The base hourly rate of pay for the Battalion Chief position
shall be maintained at twenty-five (25%) above top -step firefighter.
Section 23.6 Captain Pay. The base hourly rate of pay for the Captain position shall be
maintained at fifteen percent (15%) above top -step firefighter.
2014-2015 Collective Bargaining Agreement between City of Pasco and
Local No. 1433, International Association of Fire Fighters — Page 15
Section 23.7 Lieutenant Pay. The base hourly rate of pay for the Lieutenant position shall be
maintained at ten percent (10%) above top -step firefighter.
Section 23.8 Paramedic Pay. 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.
Section 23.9 Firefighter Pay Steps. All firefighter pay steps will be figured on a percentage of
top -step firefighter.
Step 1 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 23.10 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:
Section 24.1 Pre -Scheduled Overtime. Any pre -scheduled overtime must be approved by the
Fire Chief. Any emergency overtime maybe 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.
2014-2015 Collective Bargaining Agreement between City of Pasco and
Local No. 1433, International Association of Fire Fighters — Page 16
Section 24.3 Call Back Pay. Effective January 1, 2015, 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 sixty Dollars ($60.00) 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). However, if an employee is willing to work
the full twenty-four (24) hours they shall bump the employee/employees wanting to split the shift.
Call-back pay shall not apply when employees work the full twenty-four (24) hours or voluntarily
split the twenty-four (24) hour shift.
Section 24.6 Exceptions. 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.) However, if an employee is willing to
work the full twenty-four (24) hours they shall bump the employee/employees wanting to split the
shift. Call-back pay shall not apply when employees work the full twenty-four (24) hours or
voluntarily split the twenty-four (24) hour shift.
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.
2014-2015 Collective Bargaining Agreement between City of Pasco and
Local No. 1433, International Association of Fire Fighters — Page 17
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
23.3 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 23.3 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.
ARTICLE 28 — OFFICER/PARAMEDIC INCENTIVE PAY
Effective January 1, 2015, Four percent (4%) 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.
2014-2015 Collective Bargaining Agreement between City of Pasco and
Local No. 1433, International Association of Fire Fighters — Page 18
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. 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.
2014-2015 Collective Bargaining Agreement between City of Pasco and
Local No. 1433, International Association of Fire Fighters — Page 19
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 leave 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:
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 be filled within the
ranks of the department in the following order.
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 Battalion Chief or Captain in inverse order of accumulated overtime (those with the
least amount first).
2014-2015 Collective Bargaining Agreement between City of Pasco and
Local No. 1433, International Association of Fire Fighters — Page 20
4) Lieutenant from duty shift with the highest score on the Captain's Eligibility List. Minimum of
four (4) years of officer experience.
5) Off duty Lieutenant in inverse order of accumulated overtime (those with the least amount
first). Minimum of four (4) years of officer experience.
6) However, in order to work as an upgrade Battalion Chief, personnel must have the following,
or the equivalent for each:
IFSAC FF 1
IFSAC FF 2
IFSAC Fire Officer 1
Hazardous Materials Operations
HazMat On Scene IC
NFA Incident Safety Officer
IS -100, IS -200,1-300
Confined Space Operations
Trench Rescue Operations
It is understood that a firefighter shall not upgrade to acting Battalion Chief.
When it is necessary to establish a Battalion Chief 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 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
2014-2015 Collective Bargaining Agreement between City of Pasco and
Local No. 1433, International Association of Fire Fighters — Page 21
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.
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 (1) 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.
2014-2015 Collective Bargaining Agreement between City of Pasco and
Local No. 1433, International Association of Fire Fighters — Page 22
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 Chiefs 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 35.4 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.
2014-2015 Collective Bargaining Agreement between City of Pasco and
Local No. 1433, International Association of Fire Fighters — Page 23
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, other than for
2014-2015 Collective Bargaining Agreement between City of Pasco and
Local No. 1433, International Association of Fire Fighters — Page 24
emergency matters, will be posted thirty (30) days 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
maintain a rating of "adequate" or better on the performance standards for cardiovascular
2014-2015 Collective Bargaining Agreement between City of Pasco and
Local No. 1433, International Association of Fire Fighters — Page 25
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 warm-up exercises and
stretching, followed by a minimum of 20 minutes of weightlaerobic 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
Leg Squat
Low Pulley -arm Curl Reverse
Back Press
2014-2015 Collective Bargaining Agreement between City of Pasco and
Local No. 1433, International Association of Fire Fighters — Page 26
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) 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.
2014-2015 Collective Bargaining Agreement between City of Pasco and
Local No. 1433, International Association of Fire Fighters — Page 27
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 Human Resources 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 2"a written reprimand (warning) and referral to City Manager for possible suspension.
(d) 3`d 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.
2014-2015 Collective Bargaining Agreement between City of Pasco and
Local No. 1433, International Association of Fire Fighters — Page 28
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/pgy period
40 -hour 50 -hour
5.6 7
Vacation accrual: hrs/pay
period
Year
40 -hour
50 -hour
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.
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,
2014-2015 Collective Bargaining Agreement between City of Pasco and
Local No. 1433, International Association of Fire Fighters — Page 29
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.
Section 46.8 Vacation Cash Out. Effective January 1, 2015, employees entering their tenth (1 Os')
year of continuous service may cash out up to forty (40) hours of vacation in December each year,
provided the employee has maintained satisfactory work performance and has taken at least eighty
(80) hours of vacation time.
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.
2014-2015 Collective Bargaining Agreement between City of Pasco and
Local No. 1433, International Association of Fire Fighters — Page 30
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.
ARTICLE 49 — EMERGENCY CALLBACK PAGERS
Up to four (4) employees may check out and carry Emergency Callback Pagers for call -ins. The
Fire Chief may allow an increase in the number of Emergency Callback Pagers at any time. Pager
storage and check outs will take place at Station 82. Employees lowest on the overtime list shall
have first choice for checking out and carrying an Emergency Callback Pager until 0800 hours.
After 0800 hours, employees shall be allowed to check out Emergency Callback Pagers on a first
come basis. Going off duty personnel may call and reserve a pager to allow travel time from their
duty station to Station 82. After checking out and carrying an Emergency Callback Pager,
employees shall return the pager to Station 82 by 0800.
In compensation for carrying an Emergency Callback Pager, the employee will be paid thirty
($30.00) dollars for each uninterrupted twenty-four (24) hour shift carried.
When an employee is paged, they shall receive sixty ($60.00) callback pay plus one hour minimum
of overtime pay. When the employee is paged, or goes out of service during the twenty-four (24)
hour period, they shall not receive the thirty ($30.00) dollars for carrying the pager.
Any employee electing to carry an Emergency Callback Pager shall remain within a twenty (20)
minute average response time to the City limits of Pasco, with their turnout gear, wild land gear
and uniforms in their vehicle.
When an employee is paged, s/he shall obey all traffic laws while responding to a fire station or
an emergency scene.
Emergency Call Pagers shall be activated whenever the on duty Battalion Chief has reason to
believe that the Pasco Fire Department may be committed to providing and/or receiving Mutual
Aid/Automatic Aid that may extend beyond thirty (30) minutes.
2014-2015 Collective Bargaining Agreement between City of Pasco and
Local No. 1433, International Association of Fire Fighters — Page 31
The on -duty Battalion Chief shall activate Emergency Callback Pagers whenever the Pasco Fire
Department resources are being depleted with multiple and/or extended calls.
Dated at Pasco, Washington, this 2-0 day of CVl oQ 2015.
CITY OF PASCO
Matt Watkins, Mayor
ATTEST:
'�02Q- /
Debbie L. Clark, City Clerk —
LOCAL #1433, I.A.F.F.:
Kenneth Meyers, President LIFF #1433
Michael Maier, Secretary/Treasurer IAFF #1433
2014-2015 Collective Bargaining Agreement between City of Pasco and
Local No. 1433, International Association of Fire Fighters – Page 32
2014-2015
APPENDIX A
Hourly Wage Rates - IAFF Local #1433 Employees
Effective 01/01/2014
Effective 01/01/2015
FF Rate
FF/PM Rate
FF Rate
FF/PM Rate
FF 0-12
80%
23.75
26.13
FF 0-12
80%
24.22
26.64
FF 13-24
85%
25.24
27.76
FF 13-24
850/6
25.74
28.31
FF 25-36
90%
26.72
29.39
FF 25-36
90%
27.25
29.98
FF 37-48
95%
28.21
31.03
FF 37-48
95%
28.77
31.65
FF 49+
100%
29.69
32.66
FF 49+
100%
30.28
33.31
LT
110%
32.66
LT
110%
33.31
Capt.
115%
34.14
Capt.
115%
34.82
BC
125%
37.11
BC
125%
37.85
40 Hrs.Meek (2080 Hrs./Year) Positions:
40 Hrs /Week (2080 Hrs./Year) Positions:
Capt./MO
+5%
44.81
Capt./MO
+5%
45.70
BC/TO
+5%
48.71
BClFO
+5%
49.68
• All steps refer to months of continuous service.
■ Lateral hires for FF and FF/PM shall start at Step 25-36.
Section 23.1 2014. Effective January 1, 2014, the base hourly wage rate for top -step firefighter
under this agreement shall increase by two percent (2%).
Section 23.2 2015. Effective January 1, 2015, the base hourly wage rate for top -step firefighter
under this Agreement shall increase by two percent (2%).
I - /AFF Local #1433 (2014-2015)
2014-2015
Section 23.3 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.
Incentive Pay
Effective
Date
Top Step FF Base
Hourly Rate
2%
3%
1/1/2014
29.69
0.59
0.89
1/1/2015
30.28
0.61
0.91
Section 23.3
Continuous Service Pay
Percentage of increase calculated
on individual base hourly rate: Years of Service:
2%
10+ Years
3%
15+ Years
4%
20+ Years
5%
25+ Years
Section 23.4
ARTICLE 28 — Officer/Paramedic Incentive Pay:
Effective January 1, 2015, four percent (4%) 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.
2 - 1AFFLocal#1433 (2014-2015)
APPENDIX B
2014 Seniority List
Employee
Hire Date
Position Title
MCDONALD, JOHN J
1977-04-13
Firefighter/Paramedic
ELSTON, WAYNE
1978-06-16
Firefighter
ELIASON, JEFFREY L
1979-08-21
Captain
ANDERSON, JERRY P
1980-03-30
Firefighter/Paramedic
MARCH, HARRY
1983-07-19
Captain
MEYERS, KENNETH A
1984-09-15
Captain
SYDOR,FRANK A
1986-09-24
Captain
SHEARER, BENJAMIN 0
1989-11-30
Firefighter
HARE JR., DAVID
1991-02-17
Battalion Chief/Training Officer (40HR)
TVEIT, THOMAS C
1991-07-22
Battalion Chief
DONAIS, DON F
1991-07-24
Battalion Chief
SUAREZ, JOSE M
1991-07-26
Firefighter
MEEKS, FRED L
1991-08-05
Fire Captain
MICHEL, THOMAS J
1991-08-05
Firefighter
LUMBURG, SCOTT)
1991-08-05
Fire Captain
STRATTON, GARY R
1991-10-01
Fire Lieutenant
ADAMSON, EVERETT
1993-10-04
Firefighter/Paramedic
PATTERSON, CRAIG
1993-10-04
Captain
HITTINGER, ANDREW M
1996-01-29
Firefighter/Paramedic
SUGDEN, KEVIN L
1998-01-26
Firefighter/Paramedic
WILLIAMS, GRANT A
1998-12-14
Firefighter
SULLIVAN, DAN W
1998-12-14
Firefighter/Paramedic
ANDREWS, CHRISTOPHER S
1998-12-14
Lieutenant
TOMREN, VALORIE J
1998-12-14
Firefighter
CROWLEY, MICHELE D
1998-12-14
Firefighter/Paramedic
FERGUSON, DAVID L
2000-08-21
Battalion Chief
TORRES, JESSE J
2002-05-13
Firefighter
SANCHEZ, JUAN R
2002-05-13
Firefighter
GUZMAN, LEONEL M
2002 -OS -13
Firefighter
GONZALEZ, JOSUE A
2002-06-21
Firefighter
DELAHUNT, KYLE R
2003-03-06
Firefighter
ROYBAL, ANDRE M
2003-09-29
Firefighter/Paramedic
KRUEGER, MICHAEL 1
2003-09-29
Firefighter/Paramedic
COOLEY, GEOFFERY R
2003-09-29
Captain/Medical Officer (40HR)
JENKS, GARRETT A
2005-08-25
Captain
ARTEAGA, EDGAR A
2005-08-25
Firefighter
GIBBON, MICHAEL C
2005-08-29
Firefighter
NELSON, MATTHEW T
2006-02-09
Captain
WENGER, RONALD E
2008-03-03
Firefighter/Paramedic
ROHRER, SETH R
2008-07-14
Lieutenant
SULLENGER, BENJAMIN L
2010-03-08
Firefighter
MAIER, MICHAEL G
2011-02-28
Firefighter/Paramedic
NAVARRETE, ERIK
2011-02-28
Firefighter/Paramedic
SCHMIDTGALL, MICHAEL
2011-04-20
Firefighter/Paramedic
MCGARY, JASON 0
2012-11-13
Firefighter/Paramedic
LOCKMAN, JUSTIN W
2012-11-13
Firefighter/Paramedic
MICHELES, RICARD L
2013-02-11
Firefighter/Paramedic
SCELLICK, RYAN P
2013-02-11
Firefighter/Paramedic
QUESENBERRY, RYAN D
2013-05-28
Firefighter
REED, SMAUELS
2013-05-28
Firefighter/Paramedic
PHILLIPS, MICHAEL K
2013-05-28
Firefighter/Paramedic
WADDINGTON, MARK A
2013-11-12
Firefighter
ELLINGSON, TYLER C
2014-04-28
Firefighter
APPENDIX C
PHYSICAL FITNESS
Fitness Testmg
15
3. The duty officer will determine by observation and/or questioning
Cardiovascular Endurance— 1.5 mile Run
that each member has fulfilled the obligation, per
Females
tour, prior to the time limit set in paragraph #2
A. Rall personnel have completed their obligation in the
Under 30
30-39
40-49
50+
allotted time in Paragraph #2, the duty officer will make a
Time
Score
Time
Score
Time
Score
Time
Score
notation on the Daily Activity Report to indicate the fact.
EXCELLENT
EXCELLENT
EXCELLENT
EXCELLENT
B. If the fitness activities have not been completed in the
11:45
100
12:30
100
13:00
100
13:30
100
time allotted in paragraph #2, the duty officer will make a
12:00
98
12:45
98
13:15
98
13:45
98
notation on the Daily Activity Report to indicate the fact.
12:15
96
13:00
96
13:30
96
14:00
96
12:30
94
13:15
94
13:45
94
14:15
94
The duty officer will complete a written report and attach
12:45
92
13:30
92
14:00
92
14:30
92
the report in the Daily Activity Report. This written
report will contain:
GOOD
GOOD
GOOD
GOOD
1. The name of all persons not completing their obligation.
13:00
90
13:45
90
14:15
90
14:45
90
2. The reason or reasons these persons did not complete
13:15
88
14:00
88
14:30
88
15:00
88
their obligation.
13:30
86
14:15
86
14:45
86
15:15
86
3. The steps the duty officer took to cause these persons
13:45
84
14:30
84
15:00
84
15:30
84
to fulfill their obligation.
14:00
82
14:45
82
15:15
82
15:45
82
4. Persons performing physical fitness activities will be allowed
to be "out of uniform" as long as their quick hitch or other
ADEQUATE
ADEQUATE
ADEQUATE
ADEQUATE
uniform clothing is kept nearby to provide for appropriate
14:15
80
15:00
80
15:30
80
16:00
80
dress for response to incidents.
14:30
78
15:15
78
15:45
78
16:15
78
5. No activities, other than physical fitness, are permitted while
14:45
76
15:30
76
16:00
76
16:30
76
"out of uniform" and in clothing for physical fitness activities.
15:00
74
15:45
74
16:15
74
16:45
74
No person, while on duty, will respond to an incident in
15:15
72
16:00
72
16:30
72
17:00
72
workout clothing.
POOR
POOR
POOR
POOR
15:30
70
16:15
70
16:45
70
17:15
70
APPENDIX C: Scoring for Fitness
15:45
68
16:30
68
17:00
68
17:30
68
Evaluations — Waterville, Maine
16:00
66
16:45
66
17:15
66
17:45
66
16:15
64
17:00
64
17:30
64
18:00
64
Cardiovascular Endurance— 1.5 mile Ran
16:30
62
17:15
62
17:45
62
18:15
62
Males
Upper Body Strength — Push-ups
Under 30 30-39 40-49 50+
Male
Time Score Time Score Time Score Time
Score
EXCELLENT EXCELLENT EXCELLENT EXCELLENT
Under 30
30-39
40-49
50+
9:45 100 10:30 100 11:00 100 11:30
100
Revs Score
Reps
Score
Rens Score
Reps Score
10:00 98 10:45 98 11:15 98 11:45
98
EXCELLENT
EXCELLENT
EXCELLENT
EXCELLENT
10:15 96 11:00 96 11:30 96 12:00
96
43 100
37
100
28 100
23 100
10:30 94 11:15 94 11:45 94 12:15
94
42 98
36
98
27 97
22 97
10:45 92 11:30 92 12:00 92 12:30
92
41 96
35
96
26 94
21 94
40 94
34
94
25 91
20 91
GOOD GOOD GOOD GOOD
39 92
33
93
11:00 90 11:45 90 12:15 90 12:45
90
38 91
32
92
11:15 88 12:00 88 12:30 88 13:00
88
31
91
11:30 86 12:15 86 12:45 86 13:15
86
11:45 84 12:30 84 13:00 84 13:30
84
GOOD
GOOD
GOOD
GOOD
12:00 82 12:45 82 13:15 82 13:45
82
37 90
30
88
24 88
18 88
36 88
29
86
23 84
17 84
ADEQUATE ADEQUATE ADEQUATE ADEQUATE
35 86
28
84
22 80
16 80
12:15 80 13:00 80 13:30 80 14:00
80
34 84
27
82
21 76
15 76
12:30 78 13:15 78 13:45 78 14:15
78
33 82
26
80
12:45 76 13:30 76 14:00 76 14:30
76
32 81
13:00 74 13:45 74 14:15 74 14:45
74
31 80
13:15 72 14:00 72 14:30 72 15:00
72
ADEQUATE
ADEQUATE
ADEQUATE
ADEQUATE
POOR POOR POOR POOR
30 79
25
75
20 72
14 72
13:30 70 14:15 70 14:45 70 15:15
70
29 78
24
72
19 68
13 68
13:45 68 14:30 68 15:00 68 15:30
68
28 76
23
69
18 64
12 64
14:00 66 14:45 66 15:15 66 15:45
66
27 74
22
66
17 60
14:15 64 15:00 64 15:30 64 16:00
64
26 72
14:30 62 15:15 62 15:45 62 16:15
62
POOR
POOR
POOR
POOR
25 70
21
63
16 56
10 50
24 68
20
60
15 52
9 47
23 66
19
57
14 48
8 45
22 64
13 44
APPENDIX C (cont.)
Management Information Service
Female
Under 30
30-39
40-49
50+
90
Reps Score
Reps Score
Reps Score
Reps
Score
EXCELLENT
EXCELLENT
EXCELLENT
EXCELLENT
32 100
28 100
21 100
17
100
31 98
27 98
20 97
16
97
30 96
26 96
19 94
15
94
29 94
25 94
18 91
14
91
28 92
24 93
14 70 12 63
94
9
27 91
23 92
50
13 68 11 60
46
8
22 91
5
47
12 66 10 57
GOOD
30-39
GOOD
26
90
21 88
25
88
20 86
24
86
19 84
23
84
18 82
22
82
17 80
21
81
10
20
80
98
ADEQUATE ADEQUATE
GOOD
17 88
16 84
15 80
14 76
GOOD
13 88
12 84
11 80
10 76
ADEQUATE ADEQUATE
19 79 16 75
30-39
13
72
9
72
18 78 15 72
Sc ote
12
68
8
68
17 76 14 69
EXCELLENT
11
64
7
64
16 74 13 66
34
10
60
49
98
15 72
98
33
98
30 98
48
POOR POOR
43
POOR
32
POOR
29 96
14 70 12 63
94
9
56
6
50
13 68 11 60
46
8
52
5
47
12 66 10 57
27 90
7
48
4
45
11 64
39 78
6
44
24
72
10 62
72
38 76
33
76
23
Method:
19
69
37 74
32
74
1. Toes and nose touch floor
66
18
66
36 72
31
2. Hands shoulder -width apart
20
50
3. Straight body
19
48
Flexibility — Trunk Flexion
Males & Females
Distance Covered
Points
EXCELLENT
25
100
24
98
23
95
22
91
GOOD
21
89
20
85
19
81
18
80
ADEQUATE
17
78
16
75
15
71
POOR
14
69
13
67
12
64
11
61
10
59
Males & Females
Under 30
30-39
40-49
50+
Rens
Score
Reps
Sc ote
Reps
Score
Reps Score
EXCELLENT
EXCELLENT
EXCELLENT
EXCELLENT
50
100
45
100
34
100
31 100
49
98
44
98
33
98
30 98
48
96
43
96
32
96
29 96
47
94
42
94
31
94
28 94
46
92
41
92
30
90
27 90
GOOD
GOOD
POOR
GOOD
POOR
GOOD
POOR
45 90
40
90
29
87
26
88
44 88
39
88
28
84
25
85
43 86
38
86
27
81
24
83
42 84
37
84
26
78
23
81
41 82
36
82
62
17
22
80
ADEQUATE
ADEQUATE
25
ADEQUATE
ADEQUATE
49
40 80
35
80
25
75
21
76
39 78
34
78
24
72
20
72
38 76
33
76
23
69
19
69
37 74
32
74
22
66
18
66
36 72
31
72
20
50
POOR
POOR
POOR
POOR
35
70
30
70
21
63
17 63
34
68
29
68
20
60
16 60
33
66
28
66
19
57
15 57
32
64
27
64
18
54
14 54
31
62
26
62
17
51
13 50
30
60
25
60
16
49
29
58
24
58
28
56
23
56
27
54
22
54
21
52
20
50
19
48
Method:
1. Feet restrained
2. Bent knee
3. Hands behind head
4. Continues motion
5. Arms touch floor each time
6. 2 minute limit
APPENDIX D
SUBSTANCE FREE WORK PLACE
I. Purpose.
Employees are the City of Pasco's most valuable resource and their health and safety is
therefore a serious concern. The City of Pasco will not tolerate any drug or alcohol use
which imperils the health and well-being of its employees or threatens it business.
The use of illegal drugs and abuse of other controlled substances, on or off duty, is
inconsistent with law abiding behavior expected of all citizens. Employees who use
illegal drugs or abuse other controlled substances or alcohol, on or off duty, tend to be
less productive, less reliable, and prone to grater absenteeism resulting in the potential for
increased costs, delay and risk in the City's business.
Furthermore, employees have the right to work in an alcohol and drug-free environment
and to work with persons free from the affects of alcohol and drugs. Employees who
abuse alcohol or drugs are a danger to themselves and to other employees. hi addition,
drug and alcohol abuse inflicts a terrible toll on the nations' productive resources and the
health and well-being of American workers and their families.
The City of Pasco is therefore committed to maintaining a safe and healthy work place
free from the influence of alcohol and drugs. In addition, the City of Pasco will
vigorously comply with the requirements of the Drug-free Work Place Act of 1988.
II. Drug -Free Awareness Program.
1. To assist employees and their families to understand and avoid the perils of drug and
alcohol abuse, the City of Pasco is developing a drug -awareness program. The city
will use that program in an on-going educational effort to prevent and eliminate drug
and alcohol abuse that may affect the work place. A drug-free awareness program
will inform employees and their families about:
(a) The dangers of alcohol and drug abuse in the work place;
(b) The City's alcohol and drug abuse policy;
(c) The availability of treatment and counseling for employees who voluntarily seek
such assistance; and
(d) The sanctions the City will impose for violation of its alcohol and drug abuse
policy.
III. Substance Abuse as a Medical Problem.
The City of Pasco recognizes that substance abuse is a medical problem which can be
successfully treated. Almost all substance abusers deny they have a problem, however,
and ordinarily do not seek treatment voluntarily. This denial is the single most
significant obstacle to successful treatment.
APPENDIX D
Recognizing this reality, although the City of Pasco encourages voluntary drug and
alcohol abuse treatment, the City will take strong action against employees who do not
seek treatment on their own. This strong action is designed to break through the denial
barrier and convince substance abusing employees of the need for treatment.
IV. Assistance in Overcoming alcohol or Drug Abuse for Employees who Voluntarily
Seek Help.
Early recognition and treatment of alcohol or drug abuse is important for successful
rehabilitation and for reduced personnel, family, and social disruption. The City of Pasco
encourages the earliest possible diagnosis and treatment for alcohol or drug abuse. The
City of Pasco supports sound treatment efforts. Whenever feasible, the City of Pasco will
assist employees in overcoming drug or alcohol abuse. However, the decision to seek
diagnosis and accept treatment for alcohol or drug abuse is primarily the individual
employee's responsibility.
The City has contracted with Lourdes Business Health Services for an employee
assistance program, which program includes confidential referral to drug and alcohol
treatment.
The City's self-insurance program provides benefits to help pay for treatment for
chemical dependency, up to a maximum of $1,000 per calendar year. The City of Pasco
also offers a variety of leave options for employees who need time off work for treatment
of substance abuse problems. To insure that these benefits are available, however,
employees must voluntarily seek help.
Employees with personal, alcohol or drug abuse problems may seek help without the
approval or even knowledge of their supervisor. Employees who voluntarily request the
City's assistance in dealing with an alcohol or drug abuse problem may do so without
jeopardizing their continued employment with the City.
The City will not discriminate against or discipline an employee on the basis of illegal
use of drugs, provided the employee in not engaging in a current illegal use of drugs and
who (a) has successfully completed a supervised drug rehabilitation program or who has
otherwise been rehabilitated successfully, or (b) is participating in a supervised
rehabilitation program.
Voluntary requests for assistance from the City for appropriate counseling and treatment
services will not prevent disciplinary action for violation of the prohibitions set forth in
Article VIII, however. The City will not use a voluntary confession of a violation of a
prohibition of Article VIII as a basis for discipline, absent other corroborative evidence.
Employees who undergo voluntary counseling or treatment and who continue to work
must meet all established standards of conduct in job performance.
APPENDIX D
V. Supervisory Training.
The City of Pasco will train its supervisors in:
Identifying and documenting job performance and on-the-job behavior that may
reflect the impact of personal problems;
2. Identifying evidence of on-the-job use or impairment by alcohol or drugs;
3. Procedures for referral of troubled employees for assessment;
4. Procedures for conducting work place inspections; and
5. Procedures for encouraging voluntary referrals to appropriate counseling and
treatment services.
VI. Authorized Use of Prescribed or Over -the -Counter Medicine.
Employees undergoing prescribed medical treatment with any drug or taking over-the-
counter medication, which they have reason to believe may alter their behavior or
physical or mental ability must report this treatment to their supervisor. The supervisor
will determine whether the City should temporarily change the employee's job
assignment during the period of treatment, or permit the employee to work at all. Under
no circumstances shall an employee be allowed to operate equipment or vehicles when it
reasonably appears his/her ability to do so is impaired.
Employees must keep all prescribed drugs in its original container, which identifies the
drug, date of prescription, and prescribing doctor. Provided, an employee may satisfy
this requirement by notifying their supervisor of the prescription, show the prescription if
requested, and carry the drug in an alternative container.
VII. Arrest or Conviction Under Criminal Drug Statute.
Employees must notify their immediate supervisor within five days of any conviction
under any criminal drug statute or any arrest under any criminal drug statute that affects
their employment.
VIII. Prohibitions.
The City of Pasco policy prohibits the following:
Unauthorized use, possession, manufacture, distribution, dispensation or sale of an
illegal drug, controlled substance or drug paraphernalia on City property or city
business, in City supplied vehicles, or during working hours.
APPENDIX D
2. Unauthorized use, manufacture, distribution, dispensation, or possession or any sale
of alcohol on city premises or City business, in City supplied vehicles, or during
working hours.
3. Storing in a locker, desk, city supplied vehicle or other repository on city premises,
any illegal drug, drug paraphernalia, or any controlled substance whose use is
unauthorized, or any container of alcohol. Provided, unopened containers of alcohol
in private vehicles parked on City premises shall not be a violation of this policy.
4. Being under the influence of an unauthorized controlled substance, illegal drug or
alcohol on City premises or on City business, in City supplied vehicles, during
working hours. "Under the influence" as used herein means their work performance
or conduct on the job is affected in any appreciable degree.
5. If you are an employee who is subject to call by assignment of a pager, beeper or
special response status during off-duty hours for emergency response, being in an
unfit condition to respond and effectively perform assigned duties when called to
report due to the consumption of alcohol. It is not a violation hereof for an employee
who carries a beeper more frequently than on a rotation or sporadic basis to
occasionally engage in social drinking of alcoholic beverages when off-duty or that
such an employee, on occasion, be in a condition unable to respond to an anticipated
off-duty call to return to duty, due to the consumption of alcohol.
6. Possession, use, manufacture, distribution, dispensation or sale of an illegal drug off
City premises or off duty that adversely affects the employee's work performance or
his own or another's safety during working hours.
7. Refusing to submit to an inspection authorized by Article IX when requested by
management.
8. Refusing to submit to a breath or blood testing authorized by Article IX to determine
blood/alcohol level when requested by management.
9. Failing to adhere to the requirements of any drug or alcohol treatment, or counseling
program in which the employee is to be a participant as a condition of continued
employment or required by written agreement between the employer and employee,
resulting from a violation of this policy.
10. Conviction under any criminal drug statute.
11. Failure to notify the City of any arrest or conviction covered under Article VII.
12. Failure to report to the employee's supervisor the use of a prescribed drug or over-
the-counter medication which the employee has reason to believe may alter the
employee's behavior or physical or mental abilities.
APPENDIX D
13. Failure to keep prescribed medicine in its original containers, except as provided in
Article VI.
14. Refusing to sign a statement acknowledging that the employee has read and received
a copy of this policy, or the refusal of an employee assigned to work funded by
Federal grant monies to sign any drug free -certificate required by Federal law or
regulations as a condition of receiving the grant monies.
IX. Inspections.
1. Definition. "Reasonable suspicion" exists when a person responsible for a search is
aware of specific articulable facts, and inferences from those facts, which reasonably
warrant suspicion that evidence will be uncovered.
2. City furnished work place, vehicles, lockers and other rec to ap cles. The City may
search at any time for any administrative or work-related reason, including
investigation of the violation of the prohibitions listed in Article VIII, any employer
furnished office space, desk, locker, which has no employee -provided lock on it, file
cabinet, motor vehicle, or any other item of City property maintained for the use of
employees in their work. Lockers with employee -provided locks on them may be
searched by the City for evidence of a violation of any prohibition listed in Article
VIII only when reasonable suspicion exists.
Employees are discouraged from bringing to the work place items of a personal
nature they would not want viewed or inspected by others.
3. Personal items. Closed personal containers and pockets of trousers, shirts, coats and
jackets brought to the work place or placed in City furnished vehicles but not being
worn by an employee may be searched for evidence of a violation of any prohibition
listed in Article VIII only when reasonable suspicion exists.
4. Notice and employee presence. The City will provide the Local 1433 member who is
the subject of the search, or the Union's designated shift representative in the absence
of the affected employee, with prior written notification of the specific facts which
have caused the City to have reasonable suspicion that such a search is necessary and
appropriate. Searches will be conducted in the presence of the employee if on duty.
If off duty, the City shall make a reasonable effort to advise the employee of the
search and give the employee a reasonable opportunity to return and observe the
search. Searches conducted in the employee's absence will be conducted before the
Union's designated shift representative.
5. Alcohol testing. Whenever the City of Pasco has a reasonable suspicion either that an
employee is consuming alcohol on City premises or during working hours in violation
of this policy, or that an employee is under the influence of alcohol in violation of this
policy, the City may request one or more samples of the employee's breath or blood
for testing for alcohol level. The employee will be given the election of breath or
blood testing for his or her initial test.
APPENDIX D
If blood testing is requested, two samples shall be drawn. One sample shall be sent to
the State Toxicologist for analysis and the second sample shall be analyzed by either
the local Lourdes Hospital Business Health Service facility or a laboratory certified
by the National Institute for Drug Abuse or the National Institutes of Health. If such
a medical laboratory is not available locally, the second blood sample will also be
sent to the State Toxicologist for analysis.
If breath testing is requested, it shall be performed by qualified personnel on
equipment and utilizing procedures approved by the State Toxicologist and
promulgated in the Washington Administrative code. In the event of a positive breath
test, the employee shall have the option of requesting a blood alcohol test to
determine whether the results of the breath test that was conducted were accurate. If
such a blood test is requested, only one sample will be drawn and it shall be analyzed
by either the local Lourdes Hospital Business Health Service facility or a laboratory
certified by the National Institute for Drug Abuse or the National Institutes of Health.
If such a medical laboratory is not available locally, the blood sample will be sent to
the State Toxicologist for analysis.
A "positive" test administered for the purpose of collecting evidence with respect to
the question whether an employee has violated the rule against consuming alcohol on
City premises or during working hours shall be one which demonstrates the presence
of any amount of alcohol in the employee's body. A `positive" test administered for
the purpose of determining whether an employee is under the influence of alcohol
shall be one which demonstrates the presence of alcohol in an amount equal to or
greater than .10 grams per 100 milliliters of blood or .10 grams per 210 liters of
breath in the employee's body. All testing shall be performed at the City's expense.
6. Firefighters. When probable cause exists, an item -by -item search of the uniform parts
and personal clothing of a firefighter, down to the firefighter's skin or underwear,
may occur in investigation of a violation of a prohibition listed in Article VIII. Any
such search shall be conducted out of view of persons not responsible for the search
and without physical contact.
Searches will be conducted in the presence of the employee if on duty, if off duty the
employer shall make a reasonable effort to advise the employee of the search and give
him a reasonable opportunity to return and observe the search. Searches conducted in
the employee's absence will be conducted before a bargaining unit representative if
the employee is represented.
Whenever the City of Pasco has a reasonable suspicion that an employee is
consuming alcohol on City premises or during working hours in violation of this
policy, the City may request one or more samples of the employee's breath or blood
for testing for blood/alcohol level. The employee will be given the election of breath
or blood testing. Breath testing shall be performed by qualified personnel on
equipment and utilizing procedures approved by the State Toxicologist and
promulgated in the Washington Administrative Code.
APPENDIX D
If a blood sample is requested, two samples shall be drawn. One sample shall be sent
to the State Toxicologist for analysis and the second sample shall be analyzed by a
local medical laboratory. Of a local medical laboratory is unavailable, then the
second sample shall also be sent to the State Toxicologist for analysis.
X. Consequences for Violation of This Policy.
Violation of the City of Pasco's alcohol and drug policy may result in severe disciplinary
action, including discharge for a first offense. It may also result in a mandatory referral
to a treatment or counseling program. The City believes that discharge of an employee is
appropriate discipline for the following cases:
When the employee uses, possesses, manufactures, distributes, dispenses, or sells
illegal drugs or drug paraphernalia on City premises or City business, in City supplied
vehicles, or during working hours.
2. When the employee uses or possesses without authorization, manufactures,
distributes, dispenses, or sells a controlled substance on City premises or City
business, in City supplied vehicles, or during working hours.
3. When the employee stores in a locker, desk, City supplied vehicle or other repository
on City premises any illegal drug, drug paraphernalia or any controlled substance
whose use is unauthorized: except in the performance of official duties.
4. When the employee is convicted under any criminal drug statue for a violation
occurring on or off the job.
5. When the employee refuses to submit to an inspection permitted by Article IX when
requested by management.
6. When the employee fails to notify the City of any arrest or conviction covered under
Article VII.
When the employee refuses to sign a statement that he has read and received a copy
of this policy.
XI. Employees Subject to Collective Bargaining Agreement.
Nothing herein shall be interpreted to supersede or override any provision of any
collective bargaining agreement between the City of Pasco and any employee bargaining
group; nor shall any provision hereof be interpreted as being enforceable against any
employee who is a member of an employee bargaining unit when such provision is
required by the laws of the State of Washington to be collectively bargained, without the
City of Pasco first complying with the requirements of Washington State law.
APPENDIX E
NOTIFICATION OF EMPLOYMENT
In accepting this employment, I fully realize that my primary responsibility is to the City of
Pasco, and that my outside employment will not interfere or conflict with my position with the
City. I also understand that I shall not work outside employment within eight (8) hours of my
scheduled shift start time.
Employee (please print name)
Employee signature
Name of Outside Employer:
Business Name (if different):
Business Address:
Business Phone:
Type of Work:
Description of possible hours of work:
Received by:
Received by:
Fire Chief Date
City Manager Date
Date