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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. -2 - 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: -3- 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. -4 - 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. - 5 - (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. - 6 - 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. -7 - 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. -8 - 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. -9 - 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. - 10 - 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 -2- 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