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HomeMy WebLinkAbout1140 ResolutionRESOLUTION NO. 1140 WHEREAS, the International Association of Firefighters Local Number 1433 (hereinafter the "Union") and the City of Pasco (hereinafter the "City") have been engaged in extensive collective bargaining sessions, and WHEREAS, the Union and the City have reached an accord with respect to a collective bargaining agreement; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF PASCO: That the proper officials of the City of Pasco be and the same are hereby authorized to execute a collective bargaining agreement with the Union, said agreement to be substantially in the form as the one attached hereto and by this reference incorporated herein. PASSED by the City Council this 19 day of December , 1977. Ja idrick, Mayor AT ST: n Wells, Deputy City Clerk APPROVED AS TO FORM: Michael E. Cooper, CitlyF Attorney MEMORANDUM TO: George D. Smith, City Manager December 19, 1977 FROM: John Hager, Fire Chief SUBJECT: STATUS OF LABOR NEGOTIATIONS WITH FIRE UNION. The following is an up -date of information for the City Council concerning labor negotiations with Firefighter Local #1433: On November 18, 1977 at a Mediation Session, a tentative agreement was reached on a 1978-1979 contract. All that remained to be done was to work out the language of a few articles in the agreement. On Thursday, December 15, 1977, I met with Alvie Covington (Union President) to discuss working out the remaining contract language. An agreement was reached as to language and the overall agreement, except for Exhibit "A" (Personnel) . Mr. Covington would not agree to the reduction of two (2) positions from Exhibit "A" and stated that the Union would not approve the agreement it previously accepted. It should be noted that the City has not negotiated manning levels at any time, nor should it now be considered part of this agreement. Therefore, it would be my recommendation that the City ratify the contract, excluding Exhibit "A". j h: pt RESOLUTION NO. 1.140 WHEREAS, the International Association of Firefighters Local Number 1433 (hereinafter the "Union") and the City of Pasco (hereinafter the "City") have been engaged in extensive collective bargaining sessions, and WHEREAS, the Union and the City have reached an accord with respect to a collective bargaining agreement; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF PASCO: That the proper officials of the City of Pasco be and the same are hereby authorized to execute a collective bargaining agreement with the Union, said agreement to be substantially in the form as the one attached hereto and by .this reference incorporated herein. PASSED by the City Council this 19 day of. December , 1977. AT��S�T: AVs-lyh Wells, Deputy City Clerk APPROVED AS TO FORM: Michael E. Cooper, Ci y Attorney 17 Ja /,Tidrick, Mayor 1978 - 1979 COLLECTIVE BARGAINING AGREEMENT BETWEEN CITY OF PASCO AND ITS FIRE DEPARTMENT MM LOCAL UNION NO. 1433 I14TERNATIONAL ASSOCIATION OF FIREFIGHTERS THIS AGREEMENT is made and entered into by and between the City of Pasco, Washington, hereinafterreferred to as the Employer and its Fire Department, and Local No. 1433 of the International Association of Firefighters, hereinafter referred to as the Union. WITNESSETH: It is the purpose of this agreement to achieve and maintain harmonious relations between the Employer and the Union, to provide for equitable and peaceful adjustment of differences which may arise, and to establish proper standards of wages, hours and other conditions of employment. ARTICLE I RECOGNITION The Employer recognizes the Union as the exclusive bargaining agent for all the employees of the Fire Department below the rank of Assistant Chief, and all employees within the Department shall be Firefighters covered by Civil Service R.C.W. 41.08.050. ARTICLE II UNION SECURITY 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. Any employee who fails to meet this requirement shall be discharged.' ARTICLE IIT PAYROLL DEDUCTION The City will deduct membership dues and any assessments from all employees of the Department covered under,this agreement, which 11 shall be equal for all of said employees and pay the same monthly dues or assessments 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. ARTICLE IV DISCRIMINATION The Employer agrees not to discriminate against any employee for his activity in behalf of, or membership in the Union. The Employer and the Union agree that there shall be no discrimination against any employee because of race, creed, color, sex or religion. ARTICLE V 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 cost to the City; except that up to 72 hours per year'for the total Union membership for conduct of Union business will be allowed by the City without requiring such replacement without lost of pay. Employees may attend seminars without loss of pay, upon written request of authorization by the Fire Chief; provided that such leaves do not exceed a total of"72 hours per year for all members of the Bargaining Unit and that such leave is of mutual benefit to the City and the employees as determined by the Fire Chief. ARTICLE VI UNION BULLETIN BOARDS The Employer agrees to furnish and maintain suitable bulletin boards in convenient places in each station and work area to be used by the Union. The Union shall limit its posting to notices and bulletins to such bulletin boards. The City agrees to post on the Department Bulletin Board current information concerning personnel appointments, vacancies, seniority, vacation accrual, Civil Service notices, accrued sick leave, and other information pertinent to Department employees, including Departmental Rules and Regulations. ARTICLE VII PREVAILING RIGHTS All rights and privileges held by the employees at the present time which are not included in this agreement shall remain in force, unchanged and unaffected in any manner. ARTICLE VIII MANAGEMENT RIGHTS Subject to the provisions of the terms of this agreement, the Union recognizes the rights of the Employer to operate and manage its affairs in all respects and in accordance with its responsibilities and powers and that the Employer reserves those rights concerned with the management and operation of the Department which includes, but is not limited to the following: -2- 1. To recruit, assign, transfer and promote members to the positions within this Department, subject to applicable Civil Service requirements; 2. To suspend, demote, discharge or, take other disciplinary actions against members for just cause; 3. .To determine methods, means, and personnel necessary for the Department operations; 4. To control the Department Budget. It is recognized that a prevailing right of the Employer is to have the cooperation of the Union and employees in the study of new methods, technology and/or equipment during the term of this agreement. ARTICLE IX RULES AND REGULATIONS The Union agrees that its members shall comply in full with Fire Department rules and regulations, including those relating to conduct and work performances. The Employer agrees that departmental rules and regulations which affect working conditions and performances 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 emergency matters, will be posted two weeks in advance of their effective date. ARTICLE X T4nTTP.C; The work shift for the department below the rank of Battalion Chief and, except for the Fire Prevention Officer, shall be a 48-hour week with 10 -hour -- 14 -hour shifts. The 10 -hour shift shall start at 8:00 a.m., and run to 6:00 p.m. The 14 -hour shift shall start at 6:00 p.m., and shall run until 8:00 a.m. The work load for these shifts shall be in accordance with Pasco Fire Department Standard Operating Procedure 5-1 which shall become part of this agreement. The Fire Prevention Officer shall work a 40 -hour per week schedule, but his starting time may be variable and shall be approved by the Fire Chief. It is further acknowledged that in future negotiations when the work week or shift schedule is discussed, it is the intention of both Management and Union to work toward a 10 -hour -- 14 -hour 42 - hour work week. ARTICLE XI VACATIONS Employees working a 48-hour work week shall accrue vacation credit at the rate of 10 -hours per month of continuous service. Upon completion of this 10th year of continuous service, each employee -3- shall accrue vacation at the rate of 12 hours for each month of continuous service. Upon completion of his 15th year of continuous service, each employee shall accrue vacation credit at the rate of 14 hours for each month of continuous service. Vacation shall be scheduled to be taken at any time from January first to December.31st. The first choice on each shift shall be the Captain, Lieutenant, Senior Firefighter with continuous service to the less senior man. Second.choice may be taken by firefighters by seniority of continuous service. Two men on the same shift may be granted vacation leave at the same time, withthe approval of the Fire Chief. Leave of absence over accrued vacation time may be granted by the Department Head and the City Manager. Normally, employees will be required to take annual vacation. No accrued vacation will be allowed in excess of two (2) full years earned vacation or vacation time. Time not taken which causes accruel beyond two 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 years' accumulation in any one year; however, the City Manager may authorize longer leave in special cases. Employees shall be granted pay in lieu of accrued vacation at such time as they are separated from City employment unless such separation is made during entrance probation periods. Neither probationary employees nor temporary employees are entitled to take vacation leave unless authorized by the Fire Chief. A probationary employee will earn vacation credit which shall be credited to him when he becomes a regular employee. ARTICLE XII OVERTIME PAY The City agrees to pay overtime to all personnel of the Fire Department covered by this agreement: (a) Any pre -scheduled overtime must be approved by the City Manager. Any emergency overtime must be approved by the Duty Officer. (b) Time and one-half based on a 40 -hour week will be,paid for hours worked in.excess.of the regular work shift. (c) Pay for call -out time shall not be less than three (3) hours at the overtime rate. (d) Compensatory time off with pay may be granted in lieu of pay for time earned in accordance with this section. (e) Regular employees whose attendance is required by the City at drill or training sessions may be paid at their regular rates, or by granting equal amounts of time off with pay. Any employee required to attend drill or training sessions in excess of two (2) hours per month will be compensated at the overtime rate. -4- (f) Any personnel required to attend fire officer's meetings will be paid at straight time and one-half with no call out time. (g) Personnel held beyond normal shift will be paid at straight time and one-half with no call out time. (h) Required attendance by any employee for schooling in the immediate area shall be paid at the overtime rate. (i) Any employee whose attendance is required at a public or civic function shall be paid at the overtime rate. ARTICLE XII OVERTIME PAY The following and other such days as the City Council, by Resolution, may fix, are official holidays for all regular employees of the Department: New Year's Day Lincoln's Birthday Washington's Birthday Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day After Thanksgiving Christmas Personal Holiday January 1st February 12th 3rd Monday in February Last Monday in May July 4th First Monday in September November 11th Fourth Thursday in November Fourth Friday in November December 2.5th At employee's choice All employees covered by this agreement shall earn twelve (12) hours of time for each holiday, which shall be taken as compensatory or vacation time with the approval of the Fire Chief. Upon separation from the Department for any reason, any employee that has accumulated holiday time shall be paid for time not taken at the prevailing rate. ARTICLE XIV CLOTHING ALLOWANCE All uniforms, protective clothing or protective devices required of employees in the performance of their duty shall be furnished to the employee by the Employer. The cleaning of said clothing shall be furnished at no cost to the employee with the approval of the Fire Chief. ARTICLE XV WORKING OUT OF CLASSIFICATION Any person covered by this agreement who is required to accept the responsibilities and carry out the duties of a position or rank -5- above that which he normally holds, shall be paid at the rate for that position or rank while so acting. It is understood that normally firefighters will not be assigned to Acting Captain. The Employer will provide a uniform method of schedule shift exchanges, stand-bys, call -ins and vacations in the implementation of this article. ARTICLE XVI SHIFT EXCHANGE Employees shall have the right to exchange shifts when the change does not interfere with the best interest of the Fire Department and with the approval of the Fire Chief or his appointee. ARTICLE XVII BEREAVEMENT In the event of a death in the immediate family of an employee, the employee shall be granted up to 48 hours off with pay. The immediate family shall be defined as spouse and children of the employee: grandmother, grandfather, mother, father, brother, sister, of the member and those of the member's spouse. ARTICLE XVIII SICK LEAVE All employees covered by this agreement shall earn 168 hours of six leave per year. Sick leave can be accumulated for a period of 840 hours. Any person taking more than 48 successive hours of sick leave shall apply for disability leave and attain the services of a physician and.any person who accumulates more than 96 hours of sick leave in a calendar year shall attain the services of a physician for any additional sick leave taken. Upon separation from the Department, 250 of all unused sick leave shall be paid at the prevailing hourly rate. 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. If the leave is of a long term duration and if the LEOFF provisions are reasonably available, applications must be made to the LEOFF system. In such situations where benefits are not available under the LEOFF system, sick leave provisions of this.article may be utilized. In the event of a serious illness 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 spouse and children of the emploYee and his mother and father. ARTICLE XIX VACANCIES - PROMOTIONS In the event a Fire Captain of Fire Lieutenant is absent from duty, the position shall be filed by a temporary upgrade from within the ranks of the Department during the period of his subsequent absence. In addition, if none of the above officers are on duty in any single shift, both the vacancies shall be filled by a temporary upgrade from amongst the ranks of the Department during the shift. The City shall have the option to apply to the Firemen's Pension Fund for reimbursement of any disabled officer's salary. When any permanent position is obviously vacant, it shall be immediately filled according to Civil Service Rules and Regulations with the City having the option to apply to the Firemen's Pension Fund for reimbursement of any employee who is not yet retired but is obviously disabled. ARTICLE XX 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 XXI PERSONNEL REDUCTION In the case of a personnel reduction within any classification, the employee with the least seniority shall be laid off first, date of employment - See Exhibit "A". However, an employee being laid off may choose to transfer to a lower classification and may do so providing he has more seniority than other employees occupying that classification. ARTICLE XXII GRIEVANCE PROCEDURE Grievances or disputes arising out of the application or interpretation of this agreement shall be settled in the following manner: The Union grievance committee, upon receiving a written petition from an employee shall determine if a grievance exists. If, in its opinion, no grievance exists, no further action is necessary. If a grievance does exist, the Union shall, with or without the employee, present this grievance to the Chief of the Fire Department for adjustment within thirty days or when the employee and Union become aware of the grievance such grievance shall be presented in writing stating the article of the agreement allegedly violated, the facts and remedy sought. If, within five (5) days of submission, the grievance has not been.settled, it then shall be submitted to the City Manager for adjustment. If, within five (5) days of submission, no settlement has been reached, the grievance may be.submitted to .a neutral arbitrator to be selected by the parties for adjustment. In the event the parties are unable to,agree within seven (7) days upon a neutral arbiter, the neutral arbiter shall be selected from a list of seven arbiters provided by the Public Employment Relations Commission. The cost of arbitration shall be borne equally by the Employer and the Union. The decision shall be final and binding on all parties to the grievance. The arbitrator shall not have the power to negotiate new agreements or to change the provisions of this agreement. -7- ARTICLE XXIII 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 XXIV PERFORMANCE OF DUTY - NO STRIKE AGREEMENT It is agreed that employees shall not plan, promote or be a part of a strike, slowdown, sit down, or other stoppage of work which would reduce the effectiveness of the City in any way. ARTICLE XXV TERM OF AGREEMENT This agreement shall be effective as of the first day of January, 1978, and shall remain in full force and effect, including the 31st day of December, 1979. Bargaining for the 1981; contract shall commence and proceed in a timely manner as provided by State law. ARTICLE XXVI SALARIES The 1977 contract article shall be amended to include an 8.0o increase for all positions covered by this agreement effective January 1, 1978. Beginning January 1, 1979, the monthly salary for all positions covered by this agreement shall be increased 7.0%, however, if the Consumer Price Index - National Average - All Cities, August, 1977, to August, 1978, exceeds a 7.0o increase then only the salary article for the year 1979 will be reopened for negotiation subject to.the Collective Bargaining Law. Attachment "A" to the 1978-1979 agreement shall be as the attached page reads. Section 1. Step, position, title and annual salary range for all employees of the Department covered by this agreement and eligible for Union membership shall be as follows: A beginning step for a firefighter in 1978 shall be at $11128.00 per month for six (6) months. A second step in 1978 shall be $1,166.00 per month for six (6) months. A third step-in 1978 shall be $1,205.00 per month for twelve (12) months. A fourth step in 1978 shall be $1,244.00 per month for twelve (12) months. A fifth step in 1978 shall be $1,283.00 per month for twelve (12) months . At the beginning of the fifth year of service, a top step of $1,322.00 shall be paid for a firefighter. A single step for Fire Lieutenant in 1978 shall be $1,432.00 per month. A single step for Fire Captain in 1978.shall be $1,542.00 per month. A single step for Battalion Chief/Fire Marshall shall be $1,652.00 per month. Section 2. Attached hereto as Exhibit "A" and hereby made a part of this agreement is a listing of the current employees of the Department together with title, seniority date, date of employment, step and salary amount for the year 1978. These are subject to changes caused by promotions, transfers or terminations. The City shallmake available and pay to the Washington Dental. Service as a fringe benefit, an employee and dependent dental plan at a cost of approximately $24.00 per month. Section 3. Continuous service pay shall be computed on the individual employee's monthly salary per Exhibit "A" at two (2) percent after ten (10) years continuous service with the Department; three (3) percent after fifteen (15) years of continuous service with the Department, and four (4) percent after twenty (20) years of .continuous service with the Department. ARTICLE XXVII SAVING 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. ARTICLE )XVIII PHYSICAL FITNESS An appropriate physical fitness program will be established after proper consultation with knowledgeable persons re: physical fitness. Minimum goals will be established based upon job related criteria. Once established each member of the bargaining unit will be expected to meet the standards. Dated at Pasco, Washington, this LOCAL NO. 1433 OF THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS By: President ffm Secretary -10- day of December, 1977. CITY OF PASCO PASCO, WASHINGTON By 7ah Tidrick, Mayor By: Leo E. Olney, City Clerk EXIiIBIT "A" PASCO FIRE DEPT. - PERSONNEL 1978 EMPLOYEE TITLE DATE EMPLOYED STEP MOS. SALARY Gene Bailie Captain December 1, 1954 8 12 1,542 John Beck Captain April 4, 1963 8 12 1,542 Alvie Covington Firefighter October 1, 1962 6 12 1,322 Gaylond Morris Lieutenant September 26, 1966 7 12 1,432 Michael Roew Captain March 9, 1967 8 12 1,542 Frank Thomason Firefighter April 15, 1967 6 12 1,322 Harvey Swoboda Firefighter November. 1, 1968 6 12 1,322 (continued service - May 31, 1962) Walter Maloy Lieutenant January 1, 196.9 7 12 1,43.2 Robert Ellingson Firefighter January 15, 1969 6 12 1,322 Larry Dickinson Lieutenant April 27, 1970 7 12 1,432 Ted Butler Firefighter May 8, 1970 6 12 1,322 Keith St. John Firefighter August 26, 1970 6 12 1,322 John Fifer Fire Marshal July 28, 1971 9 12 1,652 John Blair Lieutenant September 24, 1971 7 12 1,432 John Nelson Firefighter August 17, 1973 6 12 1,322 Charles Sleater Firefighter August 17, 1973 6 12 1,322 Gary Mills Firefighter August 17, 1973 6 12 1,322. Art Napier Firefighter January 1, 1974 6 12 1,322 Steven Schultz Firefighter June 17, 1974 5 6 1,283 6. 6 1,322 Thomas Withers Firefighter May 16, 1975 4 5 1,244 5 7 1,283 Patrick Firefighter October 23, 1975 4 8 1,244 Hendrickson 5 4 1,283 Brian Lynch Firefighter November 21, 1976 3 11 1,205 4 1 1,244 Dennis Mooris Firefighter March 23, 1977 2 3 1,166 3 9 1,205