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HomeMy WebLinkAboutContract vAwe Nkmol CAG-05-182 AGREEMENT By and Between CITY OF RENTON and RENTON FIREFIGHTERS LOCAL 864 2006 - 2008 Renton Firefighters Local 864 2006-2008 *at** *4=W TABLE OF CONTENTS Preamble ................................................................................................ 3 Article 1 Recognition and Bargaining Unit .......................................... 3 Article 2 Union Membership &Dues Deduction................................. 3 Article 3 Employment Practices............................................................ 5 Article4 Hours of Work....................................................................... 6 Article5 Salaries................................................................................... 7 Article 6 Departmental Work Rules...................................................... 8 Article7 Sick Leave.............................................................................. 9 Article8 Holidays.................................................................................12 Article 9 Educational Incentive &Promotional Qualifications............13 Article10 Vacations................................................................................14 Article 11 Death in Family......................................................................15 Article12 Longevity...............................................................................16 Article13 Pensions.................................................................................16 Article14 Insurance................................................................................16 Article 15 Deferred Compensation/Income Protection Plan...................19 Article 16 Management Rights...............................................................19 Article 17 Performance of Duty..............................................................21 Article 18 Definition of Duties ...............................................................21 Article19 Overtime ................................................................................21 Article 20 Retention of Benefits .............................................................22 Article 21 Grievance Procedure..............................................................23 Article 22 New Positions........................................................................24 Article 23 Successors and Assigns...................... Article 24 Savings Clause.......................................................................24 Article 25 Entire Agreement...................................................................24 Article 26 Duration of Agreement..........................................................26 AppendixA Salaries...................................................................................27 AppendixB Longevity...............................................................................28 Appendix C Vacation Pro-Ration Schedule...............................................29 2 Renton Firefighters Local 864 2006-2008 wr I*AW PREAMBLE This Agreement is entered into between the City of Renton, hereinafter referred to as the Employer, and the Renton Firefighters Local 864, hereinafter referred to as the Local, governing wages, hours, and working conditions. ARTICLE 1 - RECOGNITION AND BARGAINING UNIT Section A. The Employer recognizes the Local as the exclusive representative of all members of the Renton Fire Department consistent with Department of Labor&Industries certification (Case No. 0-1013). Section B. The elected President, or any other 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. The Union recognizes the Employer as the duly elected representative of the people of the City of Renton and agrees to negotiate only with the Employer through the negotiating agent or agents officially designated by the Mayor and City Council to act on its behalf. Section C. The Employer recognizes the Local's right to operate and manage its affairs in accord with its Constitution and By-Laws. The Local agrees and covenants to act strictly in conformity with its Constitution and By-Laws, with all State statutes, and with the terms set forth in this agreement. ARTICLE 2 - UNION MEMBERSHIP AND DUES DEDUCTION Section A. The Employer and the Local agree that all employees covered by the terms of this Agreement who are members of the Local on the execution date of the Agreement shall remain members and those who are not members on the execution date of this Agreement shall, on or before the thirtieth day following the execution date of this Agreement, become and remain members of the Local. It shall also be a condition of employment that all employees covered by this Agreement and hired on or after its execution date shall, on the thirtieth day following the beginning of such employment, become and remain members of the Local. PROVIDED: The right of non-association of members of the Renton Fire Department based on bona fide religious tenets or 3 Renton Firefighters Local 864 2006-2008 ter' .► teachings of a church or religious body of which such public employee is a member shall be protected at all times, and such public employee shall pay such sum as is provided in RCW 41.56, "Chapter 59, Laws of 1973". Section B. The Employer will grant to employees who are Union representatives reasonable time off with pay for the purpose of attending scheduled sessions with City officials that concern Union business provided that normal flow at work is not interrupted. 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 officials 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 each employee the sum certified as initiation fee and once each month Union dues and forward the sum to the Local's Secretary or Treasurer. If an employee does not have a check coming to him or the check is not large enough to satisfy the assessments, no deduction shall be made from the employee for that calendar month. The Union 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 by 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 of property arising from or related to the provisions of this paragraph, including income tax withholding liabilities or tax penalties. Section E. The employer will allow Local 864 the option to have funds deducted from their paychecks 12 times annually to allow for contribution to the MFF Fire PAC program. The employer will cut a check once a month to Local 864 and Local 864 will be responsible for the delivery of the check to the IAFF. 4 Renton Firefighters Local 864 2006-2008 `We 1%0" 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. 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 including those members of the bargaining unit as a result of merger. 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. Layoffs will be based on seniority with the first layoff being the employee with the least amount of time within the Renton Fire Department. In the event of the abolishment of a position the employee(s)with the least amount of time in rank shall be laid off or dropped in rank. An employee will not be reduced in rank by more than one 5 Renton Firefighters Local 864 2006-2008 "r+' `w classification as a result of layoffs or staff reductions. In the event an employee is rehired the Chief will have the discretion to determine an adequate amount of training necessary to resume the duties of the position. If a layoff is necessary the employee will be placed on a rehire list that will last for (5) five years. In the event of rehire purposes the list will be used as the sole list and will be used until it has been depleted and or (5) years has expired. After six (6) months in a laid off status a physical examination is a prerequisite for reemployment. A reinstated employee shall serve a probationary period of one year if the employee has been laid off form two and one half years (2 %2) or more. A rehired employee will assume rank and time in grade equal to their classification at the time of separation. ARTICLE 4 -HOURS OF WORK Section A. For the purpose of defining working hours, the department shall be divided into the following divisions: Administration, Training, Fire Prevention, and Fire Suppression. Section B. 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 C. The normal working schedule for the Fire Suppression division shall be in twenty-four (24) hour shifts as follows: 1. Employees will work one twenty-four-(24) hour shift followed by forty-eight (48) hours off duty. The working shift will begin at 0800 hours. 2. Employees will receive one "Kelly" shift every six (6)regularly scheduled shifts to reduce the normal workweek to 46.6 hours. 3 . A one-hour lunch break, and a one-hour dinner break, shall be included in the daily work schedule, in accordance with Fire Department Rules and Standard Operating Procedures. 4. Rest breaks will be allowed in accordance with Fire Department Rules and Standard Operating Procedures. 6 Renton Firefighters Local 864 2006-2008 Section D. Training and drill hours shall be from 0800 to 2200 hours Monday through Sunday. Night drills will be scheduled by management for the purpose of maintaining operational skills in the area of night fire suppression and interdepartmental cooperation. For purposes of this Section, training is defined to include those subjects and classifications of training as set forth in the International Fire Service Training Association Manual, Third Edition and the Joint Apprenticeship Training Council. Training does not include other forms of scheduled work such as maintenance and repair of equipment and facilities, inspections, public instruction, and directly related activities unless the foregoing are being taught as part of a regularly scheduled classification of training. Section E. Employees may exchange shifts with prior approval of the company supervisor and in accord with Fire Department Rules and Regulations. No shift exchange shall be made which will result in extra payroll cost to the Employer. The employer agrees to allow the employee to complete up to (8) eight Full work exchanges in a one year period beginning in January 1 ending December 31. Work Exchanges do not have to be paid back in the same calendar year. Section F: Employees performing standby duty encompassing either "Safety Officer" or Suppression will be paid at a rate of Five (5) dollars an hour. Employees on the list will remain in a duty ready state and available to respond within one (1) hour for a suppression recall and 30 minutes for a Safety Officer recall. Employees on the list will be paid for an entire 24 hour shift unless they are activated, at that time the employee will transfer to the appropriate pay rate of 1.5 times straight time pay. ARTICLE 5 - SALARIES Section A. Salaries shall be paid in accord with Appendix A of this Agreement. Section B. 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. For the pay period, December 16 through December 31, pay will be received on January 10 the following year. The City retains the right to mandate electronic deposit of paychecks during the life of this agreement. 7 Renton Firefighters Local 864 2006-2008 �✓ �+ ARTICLE 6- DEPARTMENTAL WORK RULES Section A. Notification of Changes. Excluding emergency situations, the Employer agrees to notify the Local in advance of changes or hearings affecting working conditions of any employee covered by this Agreement, and conferences in good faith shall be held thereon before such changes are in effect. Section B. Uniform Allowance. Each employee shall receive a uniform allowance of 1.25%of top step of firefighter annual base pay. The Uniform allowance paycheck will be paid on a separate voucher on the Second Payday in February. 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 2006 uniform allowance. The employee will also be required to maintain a pair of approved safety boots as stated in the SOP'S. The replacement costs of these boots will be born by the employee. 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 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, 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 C. Working Out of Classification. A Firefighter or officer who assumes the duties of a higher classification as set forth in the Fire Department Standard Operating Procedures shall be paid at the rate of the higher classification hour for hour. 8 Renton Firefighters Local 864 2006-2008 '*✓ *4W Section D. Day Shift Differential. Lieutenants and Captains assigned to day shift for 30 consecutive days or more (excluding light duty) shall receive an additional 5percent (5.0%) of the employee's base wage per pay period. ARTICLE 7- 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 I 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. 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 II 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 9 Renton Firefighters Local 864 2006-2008 `We 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 11 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, 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 10 Renton Firefighters Local 864 2006-2008 `tv` `` e 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. Section G. . Any LEOFF I OR LEOFF II employee who accrues sick leave benefits under Section A and C of this article and who uses (0) Zero hours of sick leave in the proceeding calendar year will have the option to be paid double time for a 24 hour shift or shall be entitled to one extra shift off the succeeding calendar year. Any employee who uses >0 or equal to 24 hrs of sick leave will have the option to be paid at 1 %2 time for a 24 hour shift or shall be entitled to one extra shift off the succeeding calendar year. Any employee who uses > 24 or equal to 48 hours of sick leave will have the option to be paid at a stright time rate for a 24 hour shift or shall be entitled to one extra shift off the succeeding calendar year. This option is for the year of 2006 only. For the year 2007 and 2008 all employees will be paid for the above schedule and will not have the option to plot. The personal holiday 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 in 2006. Day staff will be calculated at the conversion rate of.858 rounded to the nearest whole hour for all hours in this section. This check will be paid on a separate voucher on the second payday in February. Section H. During the term of this Agreement, Suppression personnel hired after October 1, 1977 (LEOFF 11 ) 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 11 Renton Firefighters Local 864 2006-2008 `w' 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 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 8 -HOLIDAYS 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. 12 Renton Firefighters Local 864 2006-2008 a %o 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 zero (0) to five (5) shifts of holiday time at the straight time rate. Payment for Holidays sold back to the City shall be paid by the end of February of each year. The Holiday sellback check will be issued on a separate voucher. 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 9 - EDUCATIONAL INCENTIVE AND PROMOTIONAL QUALIFICATIONS Additional pay shall be awarded as an education incentive to members of the Department at 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% of top step firefighter's salary. Fire Science Degree - 4% of top step firefighter's salary. Four Year Degree and Two Year Fire Science Degree - 6% of top step firefighter's salary 13 Renton Firefighters Local 864 2006-2008 `%W °•✓ Employees hired on or after January 1, 1997 are required to have a fire science certificate to qualify for the promotional examination for lieutenant; a two-year fire science degree to qualify for the promotional examination for captain and a four-year degree, in addition to a two-year fire science degree, to qualify for the promotional examination for battalion chief. The Fire Chief may waive the promotional requirements if fewer than three employees qualify for an examination. ARTICLE 10 -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: Calendar Year Hours/Shifts In Service used per year I 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 14 Renton Firefighters Local 864 2006-2008 *me ter+'' 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 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 11 - DEATH IN FAMILY 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. 15 Renton Firefighters Local 864 2006-2008 err' Members of the Bargaining Unit shall be permitted to attend funeral services on duty for family members of Local 864 employees. Employees scheduled to work the day of a funeral shall be able to attend the service within their response area and will respond to calls for service as requested. The City and the Union also agree that daily work schedules will be completed as if no interruption in work resulted from attending a funeral service and would result in no overtime cost to the City. ARTICLE 12 -LONGEVITY Section A. The schedule of payment for longevity appears as Appendix B of this Agreement. Section B. Longevity allowances shall be payable on the first payday following the anniversary of the employee. ARTICLE 13 - PENSIONS Pensions for employees and contributions to pension funds will be governed by the Washington State Statute in existence at the time. ARTICLE 14 - INSURANCE Section A. Medical coverage shall be provided in accord with the laws of the State of Washington, RCW 41.26.150. Renton Firefighters Local 864 agrees to continue participation in the Renton Employees' Health Plan Board of Trustees and to identify and support cost containment measures. Section B. The City will provide a medical/dental, vision, and prescription drug insurance program for bargaining unit members and their eligible dependents. The City and union agree to jointly manage the program during the term of this agreement. Renton Employees' Health Plan Board of Trustees is 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. 16 Renton Firefighters Local 864 2006-2008 Members of the Renton Employees' Health Plan Board of Trustees 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 Renton Employees' Health Plan Board of Trustees members. A tie vote will result in no change in existing benefits. In 2006 the employee portion of the medical/dental premium shall remain at the same level as in 2005. The City will pay the remaining portion of the medical/dental premium necessary to fund the projected medical/dental program cost for the calendar year 2006. The 2005 surplus as of 12/31/2005 will be frozen and not used to subsidize 2006 premiums but will be rolled over to 2007. Effective 01/01/2007 the City agrees to increase its share of the 2007 premium by 10 percent above the 2006 level. Any premium increase above 10 percent will be addressed by the Renton Employees' Health Plan Board of Trustees through program redesign or a 50/50 split of the additional costs necessary to fund the program through 2007. Should premiums necessary to fund the projected program costs for 2007 increase less than 10 percent, the Renton Employees' Health Plan Board of Trustees shall have the option to distribute the funds as they see fit proportionately to their constituents. Effective 01/01/2008 the City agrees to increase its share of the 2008 premium by 21 percent above the 2006 level. Any premium increase above 21 percent will be addressed by the Renton Employees' Health Plan Board of Trustees through program redesign or a 50/50 split of the additional costs necessary to fund the program through 2008. Should premiums necessary to fund the projected program costs for 2008 increase less than 21 percent, the Renton Employees' Health Plan Board of Trustees shall have the option to distribute the funds as they see fit proportionately to their constituents. Definitions: Funds: Stock of money in excess of the projected premium amount IBNR: Incurred But Not Reported. State Risk Manager recommends 20% of claims total be set aside to cover IBNR 17 Renton Firefighters Local 864 2006-2008 '.r' Surplus: Excess money above IBNR and paid plan expenses RENTON EMPLOYEES' HEALTH PLAN BOARD OF TRUSTEES—Includes members of each participating Union. Each union 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 Renton Employees' Health Plan Board of Trustees. 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. PLAN CHANGES—The members of the Renton Employees' Health Plan Board of Trustees shall 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 Renton Employees' Health Plan Board of Trustees 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 50150 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% 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. Section D. When a LEOFF II employee or dependents health care benefits ceases, the employee or dependent shall be offered medical and dental benefits under the provision of Consolidated Omnibus Budget Reconciliation Act (COBRA) for a period of eighteen (18) months following the date the condition is declared fixed and stable. . Section E. Health and Wellness program. The employer agrees to pay $10.00 per month per employee to promote health and wellness within the Renton Fire Department. The employees agree to pay $5.00 per month per employee to promote health and wellness within the Renton Fire Department. This amount will be deducted from the employees paycheck on the 10th of each month. The funds will be placed in a separate account and carried over each year. These funds shall be used in accordance with Renton Fire Department Policies. 18 Renton Firefighters Local 864 2006-2008 "NW '"Atle ARTICLE 15 -DEFERRED COMPENSATION/INCOME PROTECTION PLAN Section A. The Employer agrees to contribute (3.5%) of the employee's base wage per annum to a deferred compensation or an income protection plan. This contribution shall expire December 31, 2008. Section B. 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. ARTICLE 16- 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 in a manner 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 all employees 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 4 of this Agreement. 19 Renton Firefighters Local 864 2006-2008 W v,.oi 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 responsibility of the Civil Service Commission as provided by State statute for determining, among other things, classification, status, and tenure appointments in the fire service. 4. 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 Agreement. a. To recruit, assign, transfer, or promote members to positions within the Department. b. To suspend, demote, discharge, or take other disciplinary action against members for just cause. C. To relieve members from duties because of lack of work, lack of funds, or for disciplinary reasons. d To determine methods, means, and personnel necessary for departmental operations. e. To control the departmental budget. f. To take whatever actions are necessary in emergencies in order to assure the proper functioning of the Department. Section F. Probationary fire fighters are considered"At will employees"their first year. 20 Renton Firefighters Local 864 2006-2008 *•+" ARTICLE 17- 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 18 -DEFINITION OF DUTIES There shall be no cross-training of personnel and duty assignments other than those directly related to Fire department activities and Fire Science subjects. ARTICLE 19 - OVERTIME In the event that a need for overtime should occur in the Fire Department because of emergency, sickness, or other unforeseen conditions, the following procedures will be used by the Employer: Section A. Except as otherwise provided in this Article, employees as described in Section B, Article 4, Hours of Work, shall be paid at the rate of time and one-half for all hours worked in excess of eight (8) in one day, exclusive of lunch period, or in excess of forty-hours in one week. Section B. Employees described in Section C, Article 4, shall be paid at the rate of time and one-half the regular straight time salary when such overtime amounts to a full shift or when the overtime is a result of a vacancy created by illness or disability. Section C. The following callback or holdover provision shall apply: 1 . All employees covered by the terms of this Agreement who are called back to work because of emergency or other unforeseen conditions shall be paid for two (2) hours minimum at a rate of time and one-half. 21 Renton Firefighters Local 864 2006-2008 `fto" N%06 2. All employees covered by the terms of this Agreement who work an extension (hold-over) of their normal shift because of an emergency or other unforeseen conditions shall be paid at the rate of time and one-half for the hold-over time rounded to the nearest half-hour. Section D. The Employer agrees that scheduled overtime will be in accord with seniority within the rate of Firefighter, except when qualified personnel are necessary and then according to seniority of the qualified. Section E. Employees shall have the right to request compensatory time off at the same ratio as the overtime rate in lieu of cash payment for overtime; provided, however, that such requests for compensatory time off may be denied if the department head determines that the operational effectiveness of the department would be impaired by such action. Employees assigned to the Suppression Division shall also have the ability to request compensatory time at the same ratio as the overtime rate in lieu of cash payment for overtime earned while attending discretionary training programs up to a maximum of 48 hours. This compensatory time off may be granted by the department head or his/her designee on scheduled work days when staffing is above the established norm, when the operational effectiveness of the department would not be affected and the achievement of company, platoon or department training goals would not be impaired. Section F. The Local agrees to schedule and/or sell back to the Employer the equivalent of one hundred twenty (120) hours of overtime at the straight time rate per bargaining unit member beginning in 2006. The number of overtime shifts to be scheduled at straight time will be based on the number of bargaining unit positions budgeted for on January 1 of each year of the contract. This can be accomplished by either scheduling overtime at the straight time rate or holiday sellback. When scheduling overtime at the straight time rate, the additional shifts may be scheduled in twelve (12) hours minimum increments. The increments can be divided by two members to equal twelve hours in the event of the member working the STOT needs a standby. Scheduling of the additional shifts shall fall within the FLSA guidelines. This overtime provision shall expire on December 31, 2008. ARTICLE 20 - RETENTION OF BENEFITS Privileges and 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,by both parties to this Agreement unless changed or deleted by mutual consent. 22 Renton Firefighters Local 864 2006-2008 ++" ARTICLE 21 - GRIEVANCE PROCEDURE Grievances or disputes, which may arise involving the interpretation of this Agreement, shall be settled in the following manner: Step 1: The Union 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 add to, subtract from, or in any way modify the express terms of this Agreement. The Arbitration Board shall consist of a representative of the Employer, a representative of the Local, and a third member mutually agreed to by both the appointed members 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. 23 Renton Firefighters Local 864 2006-2008 `'�" `✓ ARTICLE 22 - NEW POSITIONS This Agreement shall be opened for the purpose of negotiating salaries for any new classifications for employees covered by this Agreement but not specified in the salary schedule. Such salaries shall become effective upon the agreement of the parties. Negotiations shall be subject to the time limits and procedures as outlined in the Grievance Procedure, Article 21. Nothing in this Article shall preclude the Employer from establishing such new positions or classifications. ARTICLE 23 - SUCCESSORS AND ASSIGNS Section A. This Agreement and any and all amendments and modifications hereafter entered into and executed by and between the parties hereto shall be binding and inure to the benefit of the parties' respective successors and assigns and any other governmental entity succeeding to the City of Renton's obligations hereunder. Section B. In case of any merger, consolidations, or contracting for Fire protection services by the Employer with any other governmental agency, either party shall have the right to reopen this Agreement for negotiation of any positions affected by the merger or consolidation. ARTICLE 24 - SAVINGS CLAUSE 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. The Employer and Local 864 reserve the right to address through reopening of the contract, any effects that the Fair Labor Standards Act may have on the Application of the provisions of the Labor Agreement. ARTICLE 25 -ENTIRE AGREEMENT Section A. The Agreement expressed herein in writing constitutes the entire Agreement between the parties and no oral statement shall add to or supersede any of its provisions. 24 Renton Firefighters Local 864 2006-2008 'r✓ "We Section B. No party shall change, modify, or amend any part of this Agreement without first negotiating and obtaining the mutual consent of the other party. 25 Renton Firefighters Local 864 2006-2008 +✓ ARTICLE 26- DURATION OF AGREEMENT This Agreement shall become effective January 1, 2006, and shall remain in full force and effect until December 31, 2008. Signed this day of 2q&V&Pl 4PA/ , 2005 at Renton, Washington. CITY OF RENTON RENTON FIREFIGHTERS LOCAL 864 Mayor President Fire Chief umaglik _ Ri k Ma gement Admii , �'aito TP City Clerk Approved As To Form: City Attorney 26 Renton Firefighters Local 864 2006-2008 APPENDIX A SALARIES Section A. The salary schedule reflects a 3% increase over 2005 salaries. Effective January 1, 2007, salaries will be increased by 3% and January 1, 2008, salaries shall be increased by 3%. Section B. Effective January 1, 2006, the salary schedule shall be as follows: A B C D Entry 12 mos. 24 mos. 36 mos.* Firefighter 4027 4115 4444 5402 (19.89) (20.32) (21.95) (26.68) Lieutenant 6212 (30.68) Captain 7020 (34.67) *The "D" reflects a 0.5% differential over the "C" step for those employees having a full defibrillation certificate from King County Emergency Medical Services and at least 36 months of service, or are officers. Hourly rates are based on 2430 hours per year(202.5 hours per month). A percentage differential is established as follows: Between Firefighter and Lieutenant: 15% Between Lieutenant and Captain: 13% 27 Renton Firefighters Local 864 2006-2008 `%.r+' o.r APPENDIX B LONGEVITY Employees shall receive longevity pay according to the following scale: 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 Effective January 1, 2008 ending December 31, 2008. An employee who has reached at least 27 years of service in the LEOFF Retirement system shall receive 22% of the employee's base wage. Longevity payments shall be rounded to the nearest whole dollar. 28 Renton Firefighters Local 864 I`"° 2006-2008 APPENDIX C 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 r 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/11 shifts 11 11 15 264 hrs/11 shifts 11 13 16 Prorated 13 13 17-19 312 hrs/13 shifts 13 13 20 312 hrs/13 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. 29