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
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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:
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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
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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.
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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