HomeMy WebLinkAbout1239 ResolutionRESOLUTION NO. 1239
WHEREAS, Local Union No. 1433 of the International Association
of Firefighters and the City of Pasco have been engaged in extensive
collective bargaining sessions, and_
WHEREAS, Local Union No. 1433 of the International Association
of Firefighters and the City of Pasco have reached an accord with
respect to the collective bargaining agreement; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY 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 Local Union No. 1433 of the Internation Association
of Firefighters;. a copy of said agreement is attached hereto, marked
Exhibit "A", and by this reference is incorporated herein; and
further that the City Council of the City of Pasco approves of the
contents of the agreement.
PASSED by the City Council of the City of Pasco this 19 day
of March , 1979.
AP ROVED AS TO FOR
� S r
Dennis J. De elice, City Attorney
het Bailie, Mayor
1979 - 1980
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
CITY OF PASCO
AND LOCAL NO. 1433
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS
THIS AGREEMENT is made and entered into by and between the City
of Pasco, Washington, :hereinafter referred to as the Employer and its Fine -
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
s' 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 III
PAYROLL DEDUCTION
The City will deduct membership dues and any assessments from all
employees of. the Department covered under this agreement, which 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.
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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 loss 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
weeps in advance of their effective date.
ARTICLE X
HOURS
The work shift during the life .of this agreement shall be twenty-four (24)
hours on duty and forty-eight (48) hours off duty, with one rest day (Kelly) every
eighth shift. The average work week over the period of one year shall be
approximately fifty (50) hours. The shift schedule shall run from 8:00 a. m. to
8:00 a.m. effective April 1, 1979.
The Fire Prevention Officer shall work a forty (40) hour per week schedule,
but his starting time may be variable and shall be approved by the Fire Chief..
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 his 10th
year of continuous service, each employee shall accrue vacation at the rate of
12 hours for each month of continous service. Upon completion of his 1Sth year
of continuous service, each employee shall accrue vacation credit at the rate of
14 hours for each month of continuous service.
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Vacation shall be scheduled to be taken at any time from January 1st
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, with the 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 accrual 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.
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(f) Any personnel required to attend fire officers' 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 XIII
HOLIDAY 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 25th
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.
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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 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 shall provide a uniform method
of schedule shift exchanges, stand-bys, call -ins and vacations, in the
implementation of this article. On scheduling shift exchanges for on -duty
.officers, normally, such exchanges will be with off-duty officers; however,
when such off-duty officers are not available for exchange, then an attempt
shall be made to obtain a senior firefighter from the Lieutenant's eligible
list providing such a list is available. If such a senior firefighter cannot
be obtained from the Lieutenant's eligible list, then any senior firefighter
is eligible to exchange with the officer. SOP 12-1 shall be amended to
take this procedure into account.
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 sick
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, 25 percent of all unused sick leave shall be
paid at the prevailing hourly rate.
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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 or Fire Lieutenant is absent from duty, the
position shall be filled 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 o
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". Ilowever, 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.
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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.
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.
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ARTICLE XXV
TERM OF AGREEMENT
This agreement shall be effective as of the 'l st day of January, 1979
and shall remain in full force and effect, including the 31st day of December, -1980.
Bargaining for the 1981 contract shall commence and proceed in a timely manner as
provided by State law.
ARTICLE XXVI
SALARIES
Attachment "A" to the 1979-1980 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:
EFFECTIVE JANUARY 1, 1979
The beginning step for entry level firefighter shall be at $1,196.00 per month
for six (6) months.
The second step shall be $1,236 per month for six (6) months.
The third step shall be $1,279 per month for twelve (12) months.
The fourth step shall be $1, 319 per month for twelve (12) months.
The fifth step shall be $1,360 per month for twelve (12) months. At the
beginning of the fifth year of service the top step of $1,401 shall be paid for a
firefighter.
The single step for Fire Lieutenant shall be $1, 518 per month.
The single step for Fire Captain shall be $1,63S per month.
The single step for Battalion Chief/Fire Marshal shall be $1,751 per month.
EFFECTIVE IULY 1, 1979
The beginning step for entry level firefighter shall be $1,238 per month for
six. (6) months.
The second step shall be $1,,279 per month for six (6) months.
The third step shall be $1,322 per month for twelve (12) months.
The fourth step shall be $1, 365 per month for twelve (12) months.
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The fifth step shall be $1,408 per month for twelve (12) months.
At the beginning of the fifth year of service', the top step of $1,450
shall be paid for a firefighter.
The single step for Fire Lieutenant shall be $1,563 per month.
The single step for Fire Captain shall be $1,684 per month.
The single step for Battalion Chief/Fire Marshal shall be $1,804 per
month.
Section 2. Effective January 1, 1980 the following steps, positions,
titles and annual salary. rates, shall apply for all covered employees:
The beginning step for entry level firefighter shall be $1,330 per month
for six (6) months.
The second step shall be $1,375 per month for six (6) months.
The third step shall be $1,420 per month for twelve (12) months.
The fourth step shall be $1,470 per month for twelve (12) months.
The fifth step shall be $1,515 per month for twelve (12) months.
At the beginning of the fifth year of service, the top step of $1,560 per
month, shall be paid fora firefighter.
The single step for Fire Lieutenant shall be $1, 689 per month.
The single step for Fire Captain shall be $1,795 per month.
The single step for Battalion Chief/Fire Marshal shall be $1,91S per
month.
Section 3. Attached hereto as Exhibit "A" and hereby made a part of
this agreement is a listing ofthe current employees of the Department,
together with title, seniority date, date of employment, step and salary
amount for the year 1979 and 1980. These are subject to changes caused by
promotions, transfers or terminations. The City shall make 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 4. 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
(1S) 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 XXVIII
PHYSICAL FITNESS
A physical fitness program acceptable to both the Union and City will be
established for all members of the Department covered by this agreement.
This program will be implemented at the earliest possible date. All members
covered under this agreement will be required to participate.
Dated at Pasco, Washington, this 19th day of March, 1979.
LOCAL NO. 1433 OF THE INTERNATIONAL
ASSOCIATION OF FIREFIGHTERS
17 G
By- lw -2 �' :
President
CITY OF PASCO
PASCO, WASHINGTON
By:
Mayor
By: By:
Se y
EMPLOYEE
TITLE
Alvie Covington
Firefighter
Gaylond Morris
Lieutenant
Michael Rowe
Captain
Frank Thomason
Firefighter
Harvey Swoboda
Firefighter
(continued service -
5/31/62)
Walter Maloy
Captain
Robert Ellingson
Firefighter
Larry Dickinson
Captain
Keith St. John
Firefighter
John Fifer
Fire Marshal
John Blair
Lieutenant
Charles Sleater
Firefighter
Gary Mills
Firefighter
Art Napier
Firefighter
Steven Schultz
Firefighter
Thomas Withers
Firefighter
EXHIBIT "A"
PASCO FIRE DEPARTMENT
PERSONNEL 1979 - 1980
1/1/79
7/1/79
1/1/80
DATE EMPLOYED
STEP
MOS.
SALARY
STEP
MOS.
SALARY
STEP
MOS.
SALARY.
-10%1/62
6
6
1401
6
6
1450
6
12
1560
9/26/66
7
6
1518
7
6
1563
7
12
1689
3/9/67
8
6
1635
8
6
1684
8
12
1795
4/15/67
6
6
1401
6
6
1450
6
12
1560
11/1/68
6
6
1401
6
6
1450
6
12
1560
1/1/69
8
6
1635
8
6
1684
8
12
1795
1/15/69
6
6
1401
6
6
1450
6
12
1560
4/27/70
8
6
1635
8
6
1684
8
12
1795
8/26/70
6
6
1401
6
6
1450
6
12.-
1560
7/28/71
9
6
1751
9
6
1804
9
12
1915
9/24/71
7
6
1518
7
6
1563
7
12
1689
6/17/73
6
6
1401
6
6
1450
6
12
1560
8/17/73
6
6
1401
6
6
1450
6
12
1560
1/1/74
6
6
1401
6
6
1450,
6
12
1560
6/17/74
6
6
1401
6
6
1450
6
12
1560
5/16/75
5
4
1360
6
6
1450
6
12
1560
6 .2
1401
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l/l/79
7/1/79
1/1/80`,'
EMPLOYEE
TITLE
DATE EMPLOYED
STEP
MOS.
SALARY
STEP
MOS.
SALARY STEP
MOS.
SALARY
Patrick Hendrickson
Firefighter
10/23/75
7
3
1518
5
4
1408
6
12
1560
(Lieutenant salary for
three months
- Step 7)'.
5
3
1360
6
2
1450
Brian Lynch
Firefighter
11/21/76
4
6
1319
4
5
1365
5
11
1515
5
1
1408
6
1
1560
Dennis Morris
Firefighter
3/23/77
3
3
1277
4
6
1365
4
3
1470
4
3
1319
5
9
1515
John McDonald
Firefighter
4/15/77
2
3
1236
3
6
1322
.3
3
1420
3
3
1277
4
9
1470
Wayne Elston
Firefighter
6/16/78
2
S
1236
3
6
1322
3
5
1420
3
1.
1277
4
7
1470
John Colbath
Lieutenant
9/5/78
7
6
1518
7
6
1563
7
12
1689
Don Andres
Firefighter
7/13/78
2
6
1236
3
6
1322
3
6
1420
4
6
1470