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HomeMy WebLinkAboutContract r' CAG-02-198 AGREEMENT By and Between CITY OF RENTON and RENTON FIREFIGHTERS LOCAL 864 BATTALION CHIEFS 2003 - 2005 s Battalion Chiefs Contract 2003-2005 TABLE OF CONTENTS Preamble ................................................................................................ 3 Article 1 Recognition............................................................................. 3 Article 2 Union Membership.................................................................. 3 Article 3 Employment Practices............................................................ 4 Article 4 Retention of Benefits .............................................................. 5 Article 5 Management Rights................................................................ 6 Article 6 Performance of Duty............................................................... 7 Article7 Salaries................................................................................... 7 Article8 Overtime ................................................................................. 9 Article 9 Insurance................................................................................ 9 Article 10 Hours of Work......................................................................... 12 Article11 Holidays..................................................................................13 Article 12 Vacations................................................................................14 Article 13 Sick Leave ..............................................................................16 Article 14 Funeral Leave ........................................................................20 Article 15 Uniform Allowance..................................................................20 Article 16 Grievance Procedure..............................................................21 Article 17 Savings Clause.......................................................................22 Article 18 Duration of Agreement............................................................23 AppendixA Salaries......................... .....................................................24 Appendix B Vacation Pro-Ration Schedule................................................25 2 Battalion Chiefs Contract 2003-2005 PREAMBLE This Agreement is entered into between the City of Renton, hereinafter referred to as the Employer, and the Renton Battalion Chiefs, hereinafter referred to as the Local, governing wages, hours, and working conditions. ARTICLE 1 - RECOGNITION The Employer recognizes the Local as the bargaining representative of all Battalion Chiefs of the Renton Fire Department consistent with Public Employment Relations Commission (PERC) certification (Case No. 10270-E-93-1698). Any members of the Local appointed by the President, shall be recognized by the Employer as an official of the Local empowered to act on behalf of the members of the unit for negotiating with the Employer. The number of official representatives shall be limited to three persons. ARTICLE 2 - UNION MEMBERSHIP Section A. All employees covered by the terms of this Agreement shall either become union members or pay a lawful service fee to the Local in lieu of union membership dues; PROVIDED: the right of non-association of Battalion Chiefs based on bona fide religious tenets or teachings of a church or religious body of which such Battalion Chief is a member shall be protected at all times, and such Battalion Chief shall pay such sum as is provided in RCW 41.56.110 and 122. Employees shall comply with the provisions of this section within thirty (30) days of hire into a Battalion Chief position. Section B. The Employer will grant to employees who are Local representatives reasonable time off with pay for the purpose of attending scheduled negotiations sessions with City officials. The employer retains the right to restrict such release time when an emergency exists or such release would create a danger to public safety or result in the necessity to replace the employee requesting time off with personnel in compensated status. Section C. Upon written authorization by an employee and approval by a representative of the Local, the Employer agrees to deduct from the wages of the Battalion Chief the sum certified as union dues or service fee once each month and forward the sum to the Local's Secretary or Treasurer. If a Battalion Chief does not 3 Battalion Chiefs Contract 2003-2005 have a check coming to him/her or the check is not large enough to satisfy the payment, no deduction shall be made from the employee for that calendar month. The Local agrees to hold the Employer harmless from any claims filed by employees against the Employer arising out of the Employer's activities to enforce the provisions of this article, except those caused by negligence of the Employer. Section D. Local 864 shall have the option during the life of this contract to direct the City to deduct a fixed dollar/percentage from the base salaries for all classifications covered by the contract. The City shall deposit such deduction biweekly into a trust fund established by the Association to pay health insurance premiums for eligible retirees and dependents as directed by the Union. Upon the exercise of this option, the Association agrees to allow the City to audit the books and records of the trust it establishes, at the City's request, and to indemnify, defend and hold the City harmless from any and all liability, claims, demands, suit or any loss or damage, or injury to persons or property arising from or related to the provisions of this paragraph, including income tax withholding liabilities or tax penalties. ARTICLE 3 - EMPLOYMENT PRACTICES Section A. Personnel reductions, vacancies, and promotions shall be handled in accordance with existing Civil Service Rules and Regulations and state laws relating or pertaining thereto. Section B. Personnel Files. The personnel files are the property of the Employer. The Employer agrees that the contents of the personnel files, including the personal photographs, shall be confidential and shall restrict the use of information in the files to internal use by the Fire Department. This provision shall not restrict such information from becoming subject to due process by any court or administrative tribunal. It is further agreed that information may be released to outside groups subject to the approval of both the Employer and the employee. Provided, that nothing in this Section shall prevent all employees from viewing his/her original personnel file in its entirely upon request. The Employer and the employee agree that nothing of a disciplinary nature shall be inserted into the personnel file without a copy first going to the employee. 4 Battalion Chiefs Contract 2003-2005 All disciplinary notices or memoranda shall be removed from the personnel files after Forty-eight (48) months. Personnel files shall be released to the Civil Service Commission for the purpose of promotional examinations and in the event of disciplinary hearings. Section C. It is agreed by the Employer and the Local that both parties are obligated to provide equality of opportunity, consideration, and treatment of all members employed by the Renton Fire Department in all phases of the employment process. Therefore, both the Union and the Employer agree not to discriminate on the basis of Union activity, race, creed, sex, national origin, age, handicap (unless a bona fide occupational qualification exists), and religion. (Including those persons exercising their rights under Article 2, Section A.) Section D. An employee shall accrue seniority through continuous employment with the Renton Fire Department. The Employer shall establish a seniority list and shall update it at least once per calendar year. The seniority list shall be posted on the bulletin board with a copy sent to the Secretary of the Union. This list shall be established by classification. ARTICLE 4 - RETENTION OF BENEFITS Section A. Working conditions which are generally prevailing but not specifically outlined in this Agreement shall, in the manner presently observed as department policy, be administered and abided by both parties to this Agreement unless changed or deleted by mutual consent. Section B. Management rights and responsibilities assigned to each Battalion Chief shall continue to be performed by him/her, void of any conflict of interest that may arise out of the fact that the Battalion Chiefs are represented by the same IAFF Local as the rank and file firefighters they supervise; PROVIDED, this shall not constitute a waiver of the Local's right to bargain under RCW 41.56. 5 Battalion Chiefs Contract 2003-2005 ARTICLE 5 - MANAGEMENT RIGHTS Section A. The Local recognizes the prerogatives of the Employer to operate and manage its affairs in all respects in accord with its responsibilities and powers of authority. Section B. The Employer has the right to schedule overtime work as required and most advantageous to the department and consistent with requirements of municipal employment and public safety. Section C. It is understood by the parties that every incidental duty connected with fire service oriented operations enumerated in job descriptions is not always specifically described. Section D. The Employer reserves the right to discharge or discipline an employee for just cause. The Employer reserves the right to lay off personnel for lack of work or funds; or for the occurrence of conditions beyond the control of the department; or when such continuation of work would be wasteful and unproductive. The Employer shall have the right to determine reasonable schedules of work and to establish the methods and processes by which such work is performed in accord with Article 10 of this Agreement. Section E. No policies or procedures covered in this Agreement shall be construed as delegating to others or as reducing or abridging any of the authority conferred on City officials as defined in the following: 1. The Ordinance responsibility of the Mayor as Chief Executive Officer of the City for enforcing the laws of the State and City, passing upon Ordinances adopted by the City Council, recommending an annual budget, or directing the proper performance of all executive departments. 2. The responsibility of the City Council for the enactment of Ordinances, the appropriation of monies, and final determination of employee compensation. 3. The responsibilities of the fire chief and his/her delegates as governed by City Ordinance and Civil Service Rules and Department Rules and as limited by the provisions of this 6 Battalion Chiefs Contract 2003-2005 Agreement: to recruit, assign, transfer, or promote members to positions within the Department; to suspend, demote, discharge, or take other disciplinary action against members for just cause; to relieve members from duties because of lack of work, lack of funds, or for disciplinary reasons; to determine methods, means, and personnel necessary for departmental operations; to control the departmental budget; to take whatever actions are necessary in emergencies in order to assure the proper functioning of the Department. The Local agrees that its members shall have a responsibility to promote the efficient and effective operation of the department and to assist the Fire Chief and his/her delegates in ensuring such efficiency and effectiveness. The members further agree to support the Chief and his/her delegates in developing work programs, strategies, techniques, innovations and other programs to maximize department productivity. ARTICLE 6 - PERFORMANCE OF DUTY Section A. Nothing in this Agreement shall be construed to give an employee the right to strike and no employee shall strike nor shall he/she refuse to perform his/her assigned duties to the best of his/her ability. Section B. To the extent that any provision of this Agreement is in conflict with applicable existing Civil Service laws in effect on May of 1999, rules and regulations, the latter shall prevail. ARTICLE 7 - SALARIES Section A. Salaries for Battalion Chiefs shall reflect an 11% differential between Battalion Chiefs and Captains of Local 864. (Captains wage plus 11 percent) Section B. Longevity salary allowances shall be payable on the first payday following the anniversary of the Battalion Chief: • Completion of 5 years - 2% of top step firefighter salary • Completion of 10 years - 4% of top step firefighter salary • Completion of 15 years - 6% of top step firefighter salary • Completion of 20 years - 10% of top step firefighter salary • Completion of 25 years - 12% of top step firefighter salary 7 Battalion Chiefs Contract 2003-2005 Section C. The salaries for any new classifications that may be covered by this agreement shall be subject to negotiations between the parties. Section D. Additional pay shall be awarded as an education incentive to members of the Department using the following scale and for the following achievements. The Chief shall insure all educational requirements are met through an accredited program. Payments will be rounded to the nearest whole dollar. • Fire Science Certification - 2.0% of top step of base firefighter's salary • Fire Science Degree - 4.0% of top step of base firefighter's salary • Four Year Degree and Two Year Fire Science Degree - 6.0% of top step of base firefighter's salary Section E. Employees shall work all bargaining unit suppression overtime at their regular rate of pay. This provision expires December 31, 2005. Section F. Battalion Chiefs performing Standby/Safety Officer duty shall be compensated at the rate of $2.00 per hour. Battalion Chiefs may request time off in lieu of receiving monetary compensation. Time off will be accrued at the rate of '/2 day off for each week of Standby/Safety Officer duty performed. Time off in lieu of monetary compensation will be at the approval of the Chief. Section G. The City agrees to contribute 2.5% to the deferred compensation plan in exchange for voluntary participation, and successful completion of the annual fire fighter entrance agility test. . The test shall be given annually in the preceding year. Any employee who does not meet the standard has 1 additional opportunity to pass the test by the end of the preceding year. Any employee receiving deferred compensation who is unable to take the agility test due to disability or sick leave will continue to receive the deferred compensation. Once the employee returns to full duty they have 90 days to complete the agility test. 8 Battalion Chiefs Contract 2003-2005 Section H. Paydays shall be on the 10th and 25th of each month. Should the paydays fall on a Saturday or Sunday or holiday, paychecks shall be issued on the preceding working day. Section I. Effective with calendar year 2003, the City will issue semi-monthly paychecks. For the pay period, December 16 through December 31, pay will be received on January 10 the following year. Section J. The Employer agrees to contribute one percent (1.0%) of the employee's base wage per annum to a deferred compensation or income protection plan effective January 1, 2003 and increasing to two percent (2.0%) effective January 1,2004, and increasing to three percent (3.0%) effective January 1, 2005. ARTICLE 8 - OVERTIME Section A. Unless otherwise provided by the terms of this Agreement, in the event that a need for overtime should occur in the Fire Department because of emergency, sickness, or other unforeseen conditions, the current procedures will be used by the Employer. Section B. Battalion Chiefs assigned to days may work suppression overtime without having to use vacation or holiday time when approved by the employee's immediate supervisor. The employee may use vacation, holiday, comp time, or executive leave time at their option. ARTICLE 9 - INSURANCE Section A. Medical coverage shall be provided in accord with the laws of the State of Washington, RCW 41.26.150. Local agrees to participate in the Health Care Task Force and to identify and support cost containment measures. Section B. The City will provide a medical/dental insurance program for bargaining unit members and their eligible dependents. The program includes medical, dental including orthodontia, prescription drugs and vision coverage. The program requires 9 Battalion Chiefs Contract 2003-2005 twenty-five dollar ($25) co-pays for specified medical services, ten dollar/twenty dollar/forty dollar ($10/$20/$40) co-insurance for specified prescription drugs and other benefits as outlined in the plan document. The City and union agree to jointly manage the program during the term of this agreement. A Task Force comprised of the Firefighter Union Local 864, other participating unions and the City will meet at least annually to review the program including costs associated with the program. Members of the Task Force are authorized to make changes in the program from time to time without further concurrence from their membership or the City Council during the term of this agreement. Each member union, (not bargaining unit), and the City shall have one vote when considering proposed changes to the plan(s). Changes in the program will be determined by a majority of the votes cast by Task Force members. A tie vote will result in no change in existing benefits. The City will provide a 100% City paid self-funded plan through December 31, 2003. The City agrees to contribute up to 107% of the 2003 premium toward funding the 2004 program. The City further agrees to contribute up to 107% of the maximum 2004 contribution to fund the 2005 self-funded program. Bargaining unit members may select Group Health coverage, however, City paid coverage in 2004 and 2005 will be limited to 107% of the previous year's premium as outlined above for the self-funded plan. The City and the Union recognize the Program costs may exceed a 7.0% annual increase during the term of this agreement. If so, the Task Force of participating unions and the City will meet and decide what action if any is necessary to address program costs. If costs exceed 7.0% and the task force cannot agree on program changes to reduce the increase to at least 7.0% then the Union and the City will each pay fifty percent (50%) of the premium increase above 7.0%. The Union's share, if necessary, will be subtracted from annual salary increases authorized in this agreement 10 Battalion Chiefs Contract 2003-2005 TASK FORCE — Includes members of each participating Union. Each union member will have a maximum of one (1) vote, i.e. the Firefighter Union has two (2) bargaining units but only receives one (1) vote on the task force. The City only receives one (1) vote also. If all bargaining units participate the voting bodies would be as follows: AFSCME-2170; Firefighters-864; Police Guild and the City for a total of four (4) votes. PREMIUM —The self-funded plan is fully paid in 2003. Increase by up to 7.0% in 2004 and another 7.0% in 2005. Example — Premium equals $100 in 2003. City would pay up to $107 in 2004 and $114.50 in 2005. If there is no increase in premium in 2004, the premium for 2005 would still be calculated as if there was a 7.0% increase in 2004. PLAN CHANGES —The members of the Task Force have full authority to make plan design changes without further concurrence from bargaining unit members and the City Council during the life of this agreement. VOTING —A tie vote of the Task Force members related to a proposed plan design change will result in continuing the current design. If no agreement can be reached on design changes and cost increases exceed the City's agreed contribution, then the additional cost will be split 50/50 by the City and the Members. Example — City takes first 7.0%; Cost increases 15.0%; City pays 50% of the additional 8.0% and members pay 50% of the additional 8% UNION PAYMENT— If contributions are required from Union task force members, the contribution will result in a reduction of their respective COLA adjustment for any given year. (i.e. 2004 COLA may be reduced below 3.0% equal to union's share of medical cost increase above 7.0%). Section C. The Employer shall furnish to the employee a group term life insurance policy in the amount of the employee's annual salary rounded to the nearest $1,000 including double indemnity. The Employer shall furnish a group term life insurance policy for $1,000 for the employee's spouse and $1,000 for each dependent. 11 Battalion Chiefs Contract 2003-2005 Section D. A LEOFF II employee who suffers a duty related injury and who is declared to be "fixed and stable, with a disability preventing return to duty" by the Department of Labor & Industries shall be provided by the Employer with medical and dental insurance under the provision of Consolidated Omnibus Budget Reconciliation Act (COBRA) for a period of twelve (12) months following the date the condition is declared fixed and stable. COBRA coverage shall be for the employee only. ARTICLE 10 - HOURS OF WORK Section A. The normal schedule for employees of the Administration, Fire Prevention, and Training divisions shall be equivalent to 40 hours per week exclusive of lunch. Workdays shall commence at 0800 hours Monday through Friday, or as established by mutual agreement. Section B. The normal working schedule for the Fire Suppression division shall be in twenty-four (24) hour shifts as follows: 1. Employees will receive one "Kelly" shift every six (6) regularly scheduled shifts to reduce the normal workweek to 46.6 hours. 2. One hour for lunch and one hour for dinner and rest breaks will be allowed, in accordance with Fire Department Rules and Standard Operating Procedures. Section C. Employees may exchange shifts with prior approval of the Fire Chief, or his/her designee. No shift exchange shall be made which will result in extra payroll cost to the Employer. Section D. Day Shift Differential. Employees assigned to day shift for 30 consecutive days or more (excluding light duty) shall receive an additional 4.0% of base wage per pay period. Section E. Working Out of Classification. Employees assigned the duties of a higher classification shall be compensated in accordance with City Policy & Procedure #300-41. 12 Battalion Chiefs Contract 2003-2005 ARTICLE 11 - HOLIDAYS Section A. The following are recognized as legal holidays and shall be taken by all personnel working a 40-hour work week: 1. The first day of January, commonly called New Year's Day. 2. The last Monday in May, commonly known as Memorial Day. 3. The fourth day of July, being the anniversary of the Declaration of Independence. 4. The first Monday in September, to be known as Labor Day. 5. November 11 (Veteran's Day). 6. The fourth Thursday of November, to be known as Thanksgiving Day. 7. The fourth Friday of November, the day after Thanksgiving Day. 8. The twenty-fifth day of December, commonly called Christmas Day. 9. The day before Christmas shall be a holiday for City employees when Christmas Day occurs on a Tuesday or Friday. The day after Christmas shall be a holiday for City employees when Christmas Day occurs on a Monday, Wednesday, or Thursday. When Christmas Day occurs on a Saturday, the two preceding working days shall be observed as holidays. When Christmas Day occurs on a Sunday, the two working days following shall be observed as holidays. 10.Three floating Holidays of the employee's choice. 11.Any other day designated by public proclamation of the Chief Executive of the State as a legal holiday. All personnel working 24-hour shifts shall receive five (5) shifts off in lieu of the above holidays. The employee may at his/her option, sell back from one (1) to four (4) shifts of holiday time at the straight time rate. Payment for Holidays sold back to the City shall be received on January 5th 2003 and January 10th each year thereafter. 13 Battalion Chiefs Contract 2003-2005 Scheduling of holiday time off will be done in a manner to prevent the necessity of overtime payment by the Employer and in accord with Fire Department Rules and Standard Operating Procedures. Those employees required to work Thanksgiving or Christmas Day shall receive compensation at the double-time rate for the hours worked during those holidays. The holiday conversion factor of (40/46.6 = .858) will be used when converting from a 24 hr shift to day shift or from a day shift to 24 hr shift. To convert from a 24hr shift to day shift take the 24hr shift hours x.858 = new day shift hours. To convert from day shift to 24hr shift hours take the day shift hours/.858 = new 24 hr shift hours. Rounded to the nearest whole hour. All local 864 members will be allocated holiday hours to their payroll holiday account based upon their shift/day shift assignment. In the case that an employee is moved mid year conversion will take place if necessary. ARTICLE 12 - VACATIONS Section A. The use of vacation is based on the calendar year and will be pro-rated based on the date of hire. During the first five years, and longevity breaks, the member will plot the number of full shifts accrued the prior year. The member can either be paid out at the straight time rate for the odd hours remaining, or borrow enough hours to provide a complete shift to plot. 24-hour shift personnel will not carry over any vacation from year to year. Day staff personnel are allowed to carry over up to 2 years of vacation leave. At the discretion of the Chief, any member unable to use plotted vacation due to illness/injury, or recall to active military duty, may be paid at the straight time rate or be allowed to re-plot time off in the affected year. Personnel hired mid-year will use vacation on a pro-rated basis (See Appendix C Vacation Pro-ration Schedule). The following vacation benefit schedule shall be applicable to members hired January 1 of any year: 14 Battalion Chiefs Contract 2003-2005 Calendar Year Hours/Shifts In Service used per year 1 St 0 2 72 hrs/3 shifts 3 96 hrs/4 shifts 4 120 hrs/5 shifts 5 144 hrs/6 shifts 6-10 yrs 216 hrs/ 9 shifts 11-15 yrs 264 hrs/ 11 shifts 16 — 20 yrs 312 hrs/ 13 shifts 21 + yrs 336 hrs/ 14 shifts Each year, in the month of September, Labor and Management will produce agreed upon vacation hours for all members. The hours will be entered by Finance into each member's vacation account to be used the following year. Section B. When a member is assigned to days, or moved back to 24-hour shift, the vacation conversion factor (40/46.6 = .858) will be used. When a member is temporarily assigned to days for longer than 1 pay period, due to illness, injury, or temporary assignment, sick leave, holidays and vacation will be converted if necessary. Upon re-assignment to shift, the remaining hours will be converted back to shift. To convert from 24-hour shift to days: shift vacation allocation x .858 = day staff vacation hrs To convert from day staff to 24-hour shift: day staff vacation balance _ .858 = shift vacation hrs All members will be allocated hours to their payroll vacation account based upon their 24-hour shift/day staff assignment. In cases of mid-year assignment changes, the 15 Battalion Chiefs Contract 2003-2005 unused portion of vacation will be converted. At the discretion of the Chief, when a day staff member is assigned mid-year to 24-hour shift, the converted vacation hours will be plotted in the affected year, or paid at the straight time rate. Section C. Scheduling of vacation time shall be done in a manner to prevent the necessity of overtime payment by the Employer and in accord with Fire Department Rules and Standard Operating Procedures. When staffing levels permit, a certain number of available staff shall be permitted to schedule time off, including any holidays, "Kelly" days and bonus sick days that may have accrued. ARTICLE 13 - SICK LEAVE Sick leave benefits are hereby fixed and established in the following manner: Section A. The employer agrees to allow each LEOFF I employee hired before October 1, 1977 sick leave benefits computed on the following basis: All LEOFF 1 members will accrue sick leave at a rate of- Twenty- four (24) hours per month up to a maximum balance of one-hundred sixty-eight (168) hours and at a maximum accrual rate of 168 hours per year. Section B. In case of sickness or disability, the LEOFF I employee shall first use and exhaust any and all sick leave benefits accrued pursuant to Subsection A herein above prior to receiving any sick or disability benefits pursuant to RCW 41.26.150 and/or for RCW 41.26.120. Sick leave benefits shall not be accrued during any period while such employee is on "disability leave" or "disability retirement" under the provisions of the LEOFF System. However, if such employee is returned to full active duty with the Employer prior to the expiration of the six-month period and prior to any final disability retirement, then such leave credit shall accrue to his/her benefit during such temporary period of disability. 16 Battalion Chiefs Contract 2003-2005 Section C. The LEOFF II Employer agrees to allow each employee hired after October 1, 1977, sick leave benefits computed on the Following, basis: All LEOFF 11 members will accrue sick leave at a rate of - Twelve (12) hours per month up to a maximum accrual of one-thousand four-hundred forty-hours (1,440). Sick leave benefits under this paragraph will begin accruing upon employment with the award of the thirty-six (36) hours of sick leave. Upon completion of the third month of employment, an additional thirty-six (36) hours of sick leave will accrue at the rate of twelve hours per month to a maximum of 1,440 hours. At no time shall the total sick leave accrued under this section and the supplemental sick leave benefits available under Section H exceed 1,440 hours. Cash payment for sick leave accrued under Section C of this Article will be made upon an employee's death, retirement or voluntary separation while in good standing at the rate of one-half (1/2) regular pay for each hour accrued. Employees hired on or after January 1, 1994 shall not be eligible for cash out of accrued sick leave. This provision does not apply to any injury leave benefits provided under Section D and supplemental sick leave benefits provided under Section H of this Article. Disability leave benefits shall be provided to LEOFF II employees in accordance with the laws of the State of Washington when it has been determined that the disability is duty-related. Section D. All LEOFF II personnel shall be granted an injury leave loan bank for duty related disabilities in the amount of twelve (12) shifts. This loan bank, if used, shall be paid back to the Employer at the rate of one shift per month for those shifts used but not accrued. Accruals shall be at the rate of one (1) shift per month. The injury leave loan bank shall be used as a supplement to any industrial insurance compensation, or other disability leaves as described in Section C of this Article, 17 Battalion Chiefs Contract 2003-2005 received for disabilities that are determined to be duty related. In no way will total compensation exceed that of the base pay of the disabled employee. If an employee terminates employment with the Employer for reasons other than disability, lay-off, or retirement, the value of any injury leave used from this bank but not accrued shall be paid back to the Employer through payroll deduction. Sick leave accruals earned pursuant to Section C of this Article may be applied to cover duty-related disabilities, which exceed the injury leave loan bank balance. The balance from the injury leave loan bank is not transferable or applicable to non-duty related disabilities. Section E. In any case where a LEOFF II employee is entitled to benefits under the State Worker's Compensation Act or similar legislation providing payments for duty related injuries, the employee shall be allowed to supplement benefits received under the Worker's Compensation Act or similar legislation, up to 100% of base salary, using any accrued leave. This benefit shall exist until such time as the employee is returned to duty or is declared "fixed and stable, with a disability preventing return to duty" by the Department of Labor and Industries. Section F. Accrued sick leave may be used to care for a child under eighteen years of age with a health condition that requires treatment or supervision, including preventative health care, as specified in WAC 296-130-010 through 296-130-500. For the purposes of this section, child is defined as the natural or adopted child of the employee, the natural or adopted child of the employee's spouse or a child under the employee's legal guardianship, legal custody, or foster care. Available sick leave may be granted upon permission from the Chief of the Department or, in his/her absence, the senior officer in charge in the case of sudden family emergencies other than the care of a child under eighteen years of age with a health condition that requires treatment or supervision. Such sick leave shall be used in accord with department regulations. 18 Battalion Chiefs Contract 2003-2005 Section G. Any LEOFF I and LEOFF II employee who accrues sick leave benefits under Sections A and C of this Article and who uses 48 hours or less (20 hours or less for any employee working a day assignment) between September 1St and August 31St in the preceding year shall be entitled to one extra shift or day off during the succeeding calendar year. This day shall be referred to as a Sick Leave Bonus day. The Sick Leave Bonus day may be plotted outside the limits of the Vacation and Holiday Schedule, which may exceed the maximum, determined by administration of one plot per shift. Section H. During the term of this Agreement, Suppression personnel hired after October 1, 1977 (LEOFF II ) may, in case of personal illness or off duty disability, be granted supplemental sick leave upon permission from the Chief of the Department after any and all sick leave accrued pursuant to Section C of this Article has been exhausted. Supplemental sick leave benefits shall be computed at the rate of twelve (12) hours per month for each full month of employment from January 1, 1994. At no time shall the total sick leave accrued under section C of this Article and the supplemental sick leave benefits available under this section exceed 1,440 hours. Section I. All LEOFF II employees having an extended injury or illness are eligible for up to 12 months of light duty. Light duty is to be administered as per Renton Fire Department Standard Policies and Procedures #500-28. Section J. The sick leave conversion factor of (40/46.6 = .858) will be used when converting from a 24 hr shift to day shift or from a day shift to 24 hr shift. To convert from a 24hr shift to day shift take the 24hr shift hours x.858 = new day shift hours. To convert from day shift to 24hr shift hours take the day shift hours /.858 = new 24 hr shift hours. Rounded to the nearest whole hour. All local 864 members will be allocated 19 Battalion Chiefs Contract 2003-2005 sick leave hours to their payroll sick leave account based upon their shift/day shift assignment. In the case that an employee is moved mid year conversion will take place if necessary. ARTICLE 14 - FUNERAL LEAVE Time off with pay for up to 1 shift or day shall be allowed employees covered hereunder for the purpose of attending a funeral of the employee's mother, father, brother, sister, spouse, child, mother-in-law, father-in-law, grandchild, or grandparents. When special conditions exist, up to three shifts of sick leave may be granted, upon proper request, for the purpose of attending a funeral as described above. All requests for extended funeral leave shall be approved by the Fire Chief. ARTICLE 15 - UNIFORM ALLOWANCE Section A. Uniform Allowance. Each employee shall receive a uniform allowance of 1% of top step of firefighter annual base pay. The Uniform allowance will be payable on a separate voucher, on January 5th 2003 and January 10th each year thereafter in compliance with applicable City regulations or Ordinance. The purpose of such allowance is to buy, maintain, and/or repair any equipment or clothing required by the Employer which is not furnished by the Employer. All employees covered shall have and maintain 3 house uniforms after the year 2002 uniform allowance. The allowance is subject to a pro rata deduction from the employee's final paycheck in the event he/she does not serve the entire twelve months for which such payment was made, with the exception of an employee who retires or expires, in which event no deduction shall be made. In lieu of this allowance and at the employer's option, a quartermaster system may be instituted. Under this program the employer would purchase and maintain, including cleaning, any equipment or clothing required by the employer. Prior to implementation both parties shall agree as to what is required equipment and clothing. Periodic inspections may be conducted at the discretion of the Chief to monitor the appearance and serviceability of uniform clothing and equipment. It shall be the 20 Battalion Chiefs Contract 2003-2005 responsibility of the individual employee to replace any piece of clothing or equipment, which the Chief determines, is substandard. The Employer shall furnish all protective clothing or protective devices required of the employees in the performance of their duties, including safety shoes, to the employees. Such protective clothing and devices will remain the property of the Employer and shall be worn only in the performance of Renton Fire Department duties. Section B. The Employer agrees to pay up to $150.00 annually for the repair and or replacement of safety shoes for covered employees. An employee must receive prior approval by the shift commander for repair or replacement of approved safety shoes. Repair or replacement will be at the discretion of the shift commander. ARTICLE 16 - GRIEVANCE PROCEDURE Grievances or disputes, which may arise involving the interpretation of this Agreement, shall be settled in the following manner: Step 1: The Local's Grievance Committee, upon receiving a written and signed petition within two (2) weeks of actual grievance, shall determine if a grievance exists. If in their opinion no grievance exists, the matter is closed. Step 2: If in the opinion of the Grievance Committee a grievance exists, the Committee shall within two weeks after receiving the grievance present the grievance in writing to the Chief of the Fire Department for adjustment. Step 3: If within ten (10) business days the grievance has not been settled, it then shall be submitted to the Mayor. Step 4: If within ten (10) business days the grievance has not been settled in Step 3, it shall then be submitted to arbitration for adjustment. The power and authority of the Arbitration Board shall be limited to the interpretation of the terms of this Agreement. The Board shall have no authority to amend, modify, nullify, ignore, add to, or subtract from the express terms of this Agreement. The Arbitration Board shall consist of a 21 Battalion Chiefs Contract 2003-2005 representative of the Employer, a representative of the Local, and a third member mutually agreed to by both the appointed members and who will preside as Chairman. If the two cannot agree within seven (7) days on the selection of the Chairman, the matter then shall be submitted to the Federal Mediation and Conciliation Services for seven (7) names of Arbitrators who reside in the State of Washington. The Employer and the Local shall strike names alternately, the final remaining name shall be the neutral third party. Each party will pay for his/her own arbitrator and the expenses of the third will be shared equally between the parties. Meetings of the Arbitration Board shall be attended by all three members. A decision of the majority of the Arbitration Board shall be final and binding on all parties as to the issues submitted to it for decision. ARTICLE 17 - SAVINGS CLAUSE Section A. If any article of this Agreement or any addenda hereto should be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any article should be restrained by such tribunal, the remainder of this Agreement and addenda shall not be affected thereby and the parties shall enter immediate collective bargaining negotiations for the purpose of arriving at a mutually satisfactory replacement of such articles. Section B. The Employer and the Local reserve the right to address, through reopening of the contract, any effects that the Fair Labor Standards Act, or any amendments thereto, may have on the application of the provisions of the Labor Agreement. 22 Battalion Chiefs Contract 2003-2005 ARTICLE 18 - DURATION OF AGREEMENT Section A. This Agreement shall become effective January 1, 2003, and shall remain in full force and effect until December 31, 5 Section B. The Agreement expressed herein in writing concludes collective bargaining for its term and constitutes the entire Agreement between the parties. All rights and duties of both parties are specifically expressed in this Agreement and such expression is all-inclusive. No oral statement shall add to or supersede any of its provisions. Section C. For the duration of this agreement, no party shall change, modify, or amend any part of this Agreement without first negotiating and obtaining the mutual consent of the other party. Signed this 1? day of 2002 at Renton, Washington. CITY OF RENTON: RENTON BATTALION CHIEFS: Mayor President /" GL% Fire i c � uOFrR M � ;Zman Resources & Risk agement \\\V�� Administrator Z ATTEST: _* SEAL City Clerk 7EosFyc�' A ed As To AA City Attorney 23 Battalion Chiefs Contract 2003-2005 Appendix A Salaries Section A. Effective January 1,2003, salaries shall be increased by 3.0%. Effective January 1,2004 and January 1, 2005 salaries shall be increased by 3.0%. Section B. The following employee base wage shall be in effect during the life of this contract: January 1, 2003 $7,132per month $35.22 per hour January 1, 2004 $7,346 per month $36.27 per hour January 1, 2005 $7,566 per month $37.36 per hour Hourly rates are based on 2430 hours per year. 24 . Battalion Chiefs Contract 2003-2005 APPENDIX B VACATION PRO-RATION SCHEDULE Members hired mid-year will use vacation based on the following schedule: Calendar Yr Hrs/Shifts Pre-hire date Post-hire date in Service used per year accrual/pp accrual/pp 1 0 3 2 Prorate 3 4 3 Prorate 4 5 4 Prorate 5 6 5 Prorate 6 9 6 Prorate 9 9 7-9 216 hrs/9 shifts 9 9 10 216 hrs/9 shifts 9 11 11 Prorated 11 11 12-14 264 hrs/9 shifts 11 11 15 264 hrs/11 shifts 11 13 16 Prorated 13 13 17-19 312 hrs/11 shifts 13 13 20 312 hrs/11 shifts 13 14 21 Prorated 14 14 21+ 336 hrs/ 14 shifts 14 14 Mid year hires - Start accruing 3 hours per pay period from the starting date. For the first 5 years, on the anniversary date, the accrual will be raised to the next level. Therefore, each of those years the number of shifts taken will be based on what had accrued the prior year. The member would plot full 24-hour shifts, and either be paid out at the straight time rate for the odd hours remaining, or borrow enough hours to provide a complete shift to plot. In earning the prior year what they use the following year, they would earn odd hours in the year of the 5th, 10th, 15th and 20th year anniversary, and use what they accrued the prior year. The odd hours would be affecting the vacation plotted the year following their anniversary. Mid year retirement/termination — based on the date of retirement/termination, the number of vacation hours unused for the current year, plus the number of hours accrued in the current year would be paid out to the employee. 25