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'
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COLLECTIVE BARGAINING AGREEMENT
BY
AND
BETWEEN
THE PORT OF SEATTLE
AND
SEATAC INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS LOCAL UNION NO. 1257

JANUARY 1, 2014 - DECEMBER 31, 2016







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TABLE OF CONTENTS
ARTICLE           TITLE          PAGE
Preamble                4
1                Recognition              4
2           Union Membership & Dues         4
3             Non-Discrimination           5
4              Union Business            5
5             Management Rights           6
6     Labor-Management Committee and Accident Review   7
Safety
7                Seniority              8
8             Personnel Reduction           8
9                Employee Status              8
10              Discipline and Discharge            9
11               Promotions and Vacancies             9
12     Transfers, Temporary Assigmnents and Appointments   10
13                Grievance Procedure             12
14               Policy and Procedures             14
15             Hours ofWork and Overtime           14
16            Jury Duty/Subpoenaed Witness          16
17              Sick Leave and Disability            17
18                   Vacation                 20
19                  Holidays                21
20           Bereavement/Emergency Leave         23
21              Time Offfor Appointments           23
22            Educational Reimbursement          23
23                 Military Leave               24
24                 Insurance               24
25           Uniforms and Protective Clothing         27
26             Physical Fitness Program           27
27        Physical Capacity Evaluations Requirements     27
28                Savings Clause              28
29              Deferred Compensation            28
30            Change in Working Conditions         28
31                Scope ofAgreement              28
32              Strikes and Lockouts            28
33             Staffing Aid Car and Drivers          29
34      Joint Apprenticeship Training Committee Program    29

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(JATC)
35         Duration ofAgreement and Effective Date      31
APPENDIX           Pay Rates            32
A
APPENDIXB      Drug Testing/Substance Tests       37
APPENDIXC      Substance Abuse Rehabilitation      42
APPENDIXD         First Aid Facility         43















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PREAMBLE
This agreement is between the International Association of Firefighters Union, Local #1257
(hereinafter referred to as the "Union") and the Port of Seattle (hereinafter referred to as the
"Port"). The purpose of the Union and the Port entering into this agreement is to set forth their
entire agreement with regard to wages, hours and working conditions so as to promote efficient
and uninterrupted performance of Fire Department functions, morale, safety, and security of
bargaining unit employees, and harmonious relations, giving full recognition to the rights and
responsibilities of the Port, the Union, and the employees, and to provide the public with
efficient and courteous service; to encourage good attendance of employees; and to promote a
climate oflabor relations that will aid in achieving a high level ofefficiency in the Depattment.
ARTICLE 1 - RECOGNITION
The Pott recognizes the Union as the sole and exclusive bargaining agent for the following
employees of the Fire Department: Battalion Chiefs, Captains, Firefighters A, B, C, D, E,
Firefighter Mechanic, Alarm Technician, Fire Marshal, and the Training Division Chief. The
Fire Chief and Assistant Chiefs are excluded from the unit as are all other personnel.
ARTICLE 2 - UNION MEMBERSHIP & DUES
Section 2.1 - Union Membership
All present employees who are members of the Union as of the date of the execution of this
agreement shall remain members during the life ofthis agreement or in lieu thereof pay a service
charge equivalent to the regular monthly dues to the Union toward administration of this
agreement as a condition of continued employment. Any present employee who was not a
member of the Union and who was employed before the certification date ofthe bargaining unit
shall not be required to become a member, nor shall such employee be required to pay a service
charge dues equivalent. However, if such employee elects in the future to become a member,
he/she shall remain a member thereafter during the life of this agreement as a condition of
continued employment.
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 thirty-first (3 lst) day following the beginning of
such employment, become and remain members in good standing in the Union with the
exception indicated below for bona fide religious objections, or pay a service charge equivalent
to regular monthly dues for administration ofthis agreement.
Pursuant to state law, objections to joining the Union which are based on bona fide religious
tenets or teachings of a church or religious body of which such employee is a member shall be
observed. Any such employee shall pay an amount ofmoney equivalent to regular monthly dues
to a non-religious charity or to another charitable organization mutually agreed upon by the
employee affected and the bargaining representative to which such employee would otherwise
pay the dues. The employee shall furnish written proofto the Union that such payment has been
made.

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Section 2.2 - Dues Deduction
The Pott agrees to make a deduction from the paycheck of each member covered by this
agreement who has so authorized it by signed notice submitted to the Port, limited to the Union
initiation fee, and regular monthly dues, or the service charge equivalent of monthly dues. The
Port shall transmit such fees to the Union once each month on behalfofthe members involved.
Section 2.3 - Indemnification
The Union agrees to indemnify, defend, and hold harmless the Port against any claims made and
against any suit instituted against the Port on account ofany collection ofdues for the Union.
The Union agrees to refund to the Port any amounts paid to it in error on account ofthe
collection provision upon presentation ofproper evidence thereof.
Section 2.4 - Membership Conditions
No employee will be terminated under this article if the Pott has reasonable grounds for
believing:
a.      That membership was not available to the employee on the same terms and
conditions generally applicable to other members, or
b.    That membership was denied or terminated for reasons other than the failure of
the employee to tender the periodic dues and the initiation fee uniformly required
as a condition ofacquiring or retaining membership.
ARTICLE 3 - NON-DISCRIMINATION
Section 3.1 - Union Membership
There shall be no discrimination, interference, restraint, or coercion by the Port against any
employee for activity on behalfof, or membership in, the Union.
Section 3.2 - Equal Opportunity
The parties to this agreement agree there shall be no discrimination against any employee or job
applicant because of race, color, creed, sex, age, national origin, marital status, sexual
orientation, religion, ancestry, military status, or physical, mental, or sensory disability.
Section 3.3 - Affirmative Action
The Port of Seattle (Fire Department), is a non-exempt Government Contractor subject to the
requirements ofExecutive Order 11246, as amended and its implementing regulations at 41 CFR
Chapter 60. The Port of Seattle Fire Department's commitment to Equal Opp01tunity and
Affirmative Action covers all phases, terms and conditions ofemployment including: recruiting,
hiring, placement, compensation, promotion, transfer, disciplinary measures demotions, layoffs,
termination, testing, training, daily working conditions, awards, and benefits.
ARTICLE 4 - UNION BUSINESS
Section 4.1 -Bulletin Board Space
The Port shall provide one bulletin board for the use of the Union in each Fire Station at a
convenient location, accessible to employees.

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Section 4.2 - Visitation Rights
Authorized representatives of the Union shall be allowed reasonable access to visit work
locations ofthe employees covered by this agreement at any reasonable time or location for the
purpose of administering this agreement, investigating possible grievances, or other matters
concerning employee-employer relations. Such access shall be permitted in a manner as not to
interfere with the functions of the Department or the Port. This section shall apply within the
constraints ofFederal or State Regulations and Statutes.
Section 4.3 - Leave
The employer shall make available to the Union a total of 144 hours ofpaid leave per annum for
the purpose of allowing Union Officials to attend conventions, conferences, seminars and
meetings related to contract administration or labor relations training provided that written
notification from the Union President is received by the Fire Chiefno more than ninety (90) days
in advance with two (2) minimum days' notice. Only one person per shift will be allowed to be
in Union leave status at any point in time. The employer retains the right to restrict such leave
when an emergency exists or such leave would cause a danger to public safety or such leave
would knowingly cause overtime, at the time ofrequest.
ARTICLE 5 - MANAGEMENT RIGHTS
Section 5.1 - Summary
The Union recognizes the prerogatives ofthe Port to operate and manage its affairs in all respects
in accordance with its responsibilities and powers ofauthority.
The Port reserves any and all exclusive rights concerning the Management and operation ofthe
Department, except as specifically limited in the agreement. In exercise ofsuch rights, it is not
intended any other provision of this contact providing a specific benefit or perquisite to the
Firefighter shall be changed, modified, or otherwise affected without concmTence ofthe Union.
Section 5.2 - Specific and Exclusive Management Rights
Subject to the provisions ofthis agreement, the Port reserves the right:
a.      To  recruit,  assign,  transfer,  or promote  members  to  positions  within  the
Depaiiment, including the assignment ofemployees to specific jobs;
b.     To suspend, demote, discharge, or take other disciplinary action against
members for just cause;
c.     To direct and evaluate the performance ofwork;
d.     To determine the keeping ofrecords;
e.     To determine the job content and/or job duties ofemployees, with the condition
that job content and job duties are consistent with generally recognized
Department functions;



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f.        To determine methods, processes, means, and personnel necessary for providing
service and Depattmental operations, including but not limited to: determining the
increase, diminution, or change of operations or fire equipment, in whole or in
part, including the introduction of any and all new, improved, automated methods
ofequipment;
g.     To control the Departmental budget, and if deemed appropriate by the Port, to
implement reduction in force;
h.     To schedule work as required in a maimer most advantageous to the Department
and consistent with requirements ofmunicipal employment and public safety,
subject to the provisions ofthis Agreement;
i.       To take whatever actions are necessary in emergencies in order to assure the
proper functioning ofthe Depattment; and
J.       To manage and operate its Departments except as may be limited by provisions of
this Agreement and applicable law.
Section 5.3 - Incidental Duties Not Always Described
It is understood by the parties that every incidental duty connected with operations enumerated in
job descriptions is not always specifically described.
Section 5.4 - Evaluation
The Union and Management will jointly develop a performance evaluation form. The form will
be mutually agreed upon by both parties through the Labor Management Committee. Once
developed, any changes to the form must be agreed upon by both patties through the LMC.
ARTICLE 6 - LABOR-MANAGEMENT COMMITTEE AND ACCIDENT
REVIEW/SAFETY COMMITTEE
Section 6.1 -Labor-Management Committee
There shall be a Labor-Management Committee consisting of representatives appointed by the
Union and representatives appointed by the Port. This article creates a communication process
for the purpose of mutual planning and initiating discussions regarding matters of general
concern to employees of the Depattment as opposed to grievances. It is understood that any
matter which has been made the subject of a formal grievance under the terms of the labor
agreement shall be excluded from consideration by the Labor-Management Committee under
this article.  Either the Union or the Port may initiate discussion subjects of a general nature
affecting the employees of the Fire Department. A meeting of representatives of the Port and
Union may be requested by either of the patties and they shall schedule such a meeting at a
mutually agreeable time and place; provided that, during the term of this agreement, meetings
shall normally be scheduled on a monthly basis. A proposed agenda shall be prepared jointly
and distributed prior to each meeting. Minutes shall be taken and a copy shall be distributed
among committee members.
Section 6.2 - Acciclent Review/Safety Committee
There shall be an Accident Review/Safety Conunittee established and maintained as defined in
the Firefighters Safety Standards ofWashington State.

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ARTICLE 7 - SENIORITY
Seniority shall be retroactive to the date of employment in the Port of Seattle Fire Department
bargaining unit after satisfactory completion of the probationary period.  Seniority shall be
broken only by separation from employment including resignation, discharge, medical
separation, or retirement (except as provided by statute for duty disability retirement), or by
layoff in excess of thirty-six (36) months.  Employees with the same seniority date shall be
assigned to the seniority list in order of their final score ranking at the Port approved Recruit
Academy.
Seniority shall have no required applications except as specifically provided for in this Labor
Agreement.
ARTICLE 8 - PERSONNEL REDUCTION
Section 8.1 - Layoff
In the case of a personnel reduction the employee with the least seniority shall be laid off first
except as indicated below. The employees shall be recalled in reverse order of layoff with the
last laid off first recalled. An employee's seniority status and recall rights shall be retained for a
period of thirty-six (36) months following layoff.  The P01t agrees to notify an employee a
minimum ofthirty (30) calendar days prior to layoffs.
Section 8.2 - Retention of Seniority and Recall Rights
An employee's seniority status and recall rights shall be retained for a period of thitty-six (36)
months following layoff. Within thirty-six (36) months of a layoff, no new employees shall be
hired until all laid-off employees have been sent a written recall notice by certified mail, return
receipt requested, and given ample opportunity (within twenty-one (21) calendar days from time
the notice was received or returned) to return to work. It is the responsibility ofthe employee to
keep the Port informed ofa cnrrent mailing address while on layoff.
An employee recalled shall return at the same classification held at the time of the layoff. All
recalled employees may be required to attend a refresher conrse offered by the Depmtment and
pass the accompanying evaluation.
ARTICLE 9 - EMPLOYEE STATUS
Section 9.1- Written Notice
The Port shall submit written notice to the Union of the following actions affecting employees:
demotion, suspension, termination by type (retirement, disability, discharge for cause), and
reduction in force.
Section 9.2 -Seniority List
The Port shall maintain and post annually a cnrrent seniority list. This list shall be used
whenever called for by specific articles and sections ofthis agreement.


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ARTICLE 10 - DISCIPLINE AND DISCHARGE
Section 10.1 - Progressive Discipline
No employee shall be disciplined or discharged without just cause. Except as indicated in
Section 10.4 below or for gross misconduct, discipline shall be applied in a progressive manner
with the emphasis on constructively improving the employee's performance rather than just
providing punishment. In accordance with: Standards of Performance and Conduct, Corrective
Action and Discipline, Port of Seattle HR-18.
Section 10.2 - Documentation Handling
The Union shall be provided copies of disciplinary documentation including warning letters,
written reprimands, letters of suspension or demotion, and notifications of discharge for cause.
Such documentation shall be handled on a confidential basis.
Section 10.3 - Departmental Pl'Ocedure
The parties agree that discipline is a command function and that the Fire Department may
institute a disciplinary procedure separate from this agreement.  Decisions on disciplinary
matters where the discipline imposed involves discharge, suspension, demotion, or written
reprimands shall be subject to the Grievance Procedure as outlined therein (See Article 13)
except as provided in Section 10.4 below.
Additionally, the Union and the Port agree that abuses ofthe Port attendance policy shall not be
condoned. The Union will cooperate with the Port to help assure that attendance standard is
maintained.
Section 10.4 - Probationary Employees
It is recognized that Firefighters are on probationary status for one year from date of hire.
Captains and Battalion Chiefs are on probationary status for one year from date of promotion.
Disciplinary measures including discharge for failure to meet standards for such employees shall
not be subject to the grievance procedure or to the limitations indicated in Section 10.1 above.
Section 10.5 - Union Representative Present
Any employee subject to an interview which may result in disciplinary action may have a Union
Representative present.
ARTICLE 11 - PROMOTIONS AND VACANCIES
The patties will convene a promotional committee to jointly develop promotional testing
procedures.  The jointly-developed procedures will be mutually agreed upon by both parties
through the Labor Management Committee. Once the parties agree, the procedures will be
memorialized and distributed throughout the Depattment. Once developed, any changes to the
procedures must be agreed upon by both parties through the LMC. It will be the responsibility of
the Fire Chief to make the promotional selection.


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ARTICLE 12   TRANSFERS, DAY SHIFT ASSIGNMENTS, TEMPORARY
ASSIGNMENTS, AND TEMPORARY APPOINTMENTS
Section 12.1 - Transfers
Management shall retain the right to assign personnel.
Section 12.2 -Day Shift Assignments
a.      Day shift assignments will be determined by Management.
b.     The day shift assignment to be filled and the necessary qualifications shall be
announced by bulletin posted in a convenient location accessible to all employees
for a period of at least 14 days.  Certain day shift assignments may require
extensive training prior to the actual assignment and those positions shall be
posted and the individual may be selected for training purposes up to one year
prior to the transfer to the position. An employee seeking to vacate a position
with specialized requirements may be required to remain in the position while a
replacement is trained to competently perform the duties.
c.     In  the  event  requiring  the  filling  of  a  critical  position,  a  temporary
assignment/appointment may be made on an interim basis as prescribed in Section
12.3 and 12.4 of this contract, only until the proper procedure can be completed
for filling such vacancies.
d.     Attempts will be made to provide notice of the available assignments to all
bargaining unit personnel on authorized leave ofmore than ten (10) calendar days
in duration. These attempts will be made by email and phone. If an employee
wants to be contacted for this purpose at a phone number other than his/her usual
contact number, it is his/her responsibility to notify the Department in advance.
e.     Members interested in available day shift assignments must submit a transfer
request, through channels, to be considered eligible for positions available. Said
requests must be received by management by the close of business on the 15th
day after the initial posting.
f.       Applicants requesting transfer who can demonstrate past experience in fire service
assignments related to the available work, or can demonstrate and verify
completed training specific to the available assignment will be given additional
consideration during the selection process.
g.     Applicants for available firefighter positions must be Firefighter A by the date of
appointment to said Position to be qualified for assiginnents.  When no "A"
Firefighters apply, the grade step may be reduced to "B" and then "C" Firefighter.
h.     It should be further understood that no one is exempt from the opportunity to
serve in the day shift capacity and everyone can anticipate being assigned to these
responsibilities at least once during their tenure with the Port of Seattle Fire
Department. Individuals transferred to such assignments serve at the discretion of
management. Tenn ofassignment will depend on the position, personal expertise,
additional educational opportunities provided and normally would be for a period
of 2 years, plus or minus a few months. (See Appendix A, Pay Rates, 5(c) The
Training


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Captain and Training Coordinator positions shall be for duration oftwo (2) or
four (4) years.
i.       Management will interview applicants prior to a final decision.
j.      When applicants are considered equal in all aspects under consideration for the
specific job assignment, the tiebreaker shall be seniority.  For this purpose,
seniority shall be considered as time in rank.
Section 12.3 - Selection Process
The following process shall be followed when selecting individuals for the day shift
assignments:
a.      Interested individuals shall apply using a transfer request and route it through
channels.
b.     When only one person applies, that individual will be selected ifs/he meets the
minimum requirements.
c.     Where more than one person applies, the selection shall be limited to those
candidates. Where the incumbent is one ofthe multiple applicants, the incumbent
shall be selected provided that:
1.     The incumbent has not served more than two (2) continuous terms,
and
2.     There is no documented evidence of unsatisfactory performance
relative to the position
d.     When no one applies, the choice will be open to all individuals within that rank
and the selection will apply the criteria that no one will be required to serve twice
until all have served once.
Section 12.4 - Temporary Assignments
A temporary assignment is defined as a period ofnot less than forty-five (45) calendar days, and
not more than six (6) months, with exceptions being made for emergency situations and subject
to the following provisions:
a.      All temporary  assignments shall be reviewed and approved  by the  Labor-
Management Committee. A quorum consisting of two (2) labor and two (2)
management representatives must be present.  When the committee reaches
consensus, the decision shall be binding.  When no consensus is reached, the
responsibility for final decisions rests with the Fire Chief.
b.     The  Labor-Management  Committee  shall  consider  prior  to  rendering  its
determination such things as impact on employee vacation and holidays, collateral
effect on other Department business, cost savings effectiveness, and any other
issues relative to Depattment business and employee welfare.
c.     Temporary assignments shall not be used in lieu ofhiring Full Time Employees.
Nothing in this Section will limit Management's ability to adjust an employee's schedule for
training opportunities, jury duty, or short-term special assignments contingent on the employee's
agreement.  The adjusted schedule will be compensated consistent with the provisions of
applicable wage and hour laws.

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Section 12.5 - Temporary Appointments
A temporary appointment is defined as having the same authority, responsibility, rights and
privileges associated with that rank and is subject to the same conditions of Section 12.4.
Temporary appointments shall not be used in lieu ofpromoting from the current eligibility list.
ARTICLE 13 - GRIEVANCE PROCEDURE
Section 13.01 - Grievance Defined
The purpose of this Grievance Procedure is to establish an effective process for the fair,
expeditious, and orderly adjustment ofgrievances. A grievance is defined as an alleged violation
of the collective bargaining agreement. Longstanding conditions which have been mutually
accepted through past practice and which are not specifically addressed in this labor agreement
shall not be subject to the Grievance Procedure.
An employee aggrieved by a final decision where the discipline involved results in suspension,
demotion, discharge, or written reprimand may proceed by filing a written grievance as outlined
in Step 2 ofthis grievance procedure.
Section 13.02 - Time Limits
Except as otherwise provided in this paragraph, the Employee or the Union shall have no more
than thitiy (30) calendar days from the incident that precipitated the grievance to instigate the
formal grievance procedure steps as identified in Section 13.4 below. However, in the event ofa
pay-roll issue, the time limitation shall be established as thiiiy (30) calendar days from the letter
date the grievance party became AWARE ofthe grievance.
A grievance not brought within the time limit prescribed in Step 1, or submitted within the time
limits prescribed for every step thereafter, shall not be considered timely and shall be void. The
time limits prescribed in Section 13.4, Step 2 through 3 may be waived at each step by mutual
agreement, in writing, by the aggrieved employee or the Union (in a class grievance), and the
Fire Chiefor appropriate management representative.
Section 13.03 - Informal Resolution
Before a grievance is filed formally, every effort must be made to resolve differences between
the employee and the immediate supervisor. Also, the grievance should be reviewed on an
informal basis through the chain ofcommand within the Fire Department.
Section 13.04 - Grievance Procedure
STEP 1
Ifthe grievance is not resolved informally, the affected employee shall present the grievance in
writing to his or her supervisor. The written grievance at this step and all steps hereafter shall
contain the following information:
1.  A statement ofthe grievance and the facts upon which it is based,
2.  The alleged violation ofthe agreement,
3.  The remedy or adjustment sought,

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4.  The signature ofthe aggrieved employee or the Union.
Unless the previous conditions are met, the grievance shall not be accepted. Ifa grievance is filed
by an employee without the assistance ofthe Union, the Union shall be given notice ofthe
grievance and an opportunity to be present at any adjustment ofthe grievance. The employee's
supervisor shall issue a written answer within ten (10) calendar days. The written response at this
step, and all steps thereafter, shall contain:
I.  An affirmation or denial ofthe facts upon which the grievance is based.                               I
2.  An analysis ofthe alleged violation ofthe agreement
I
3.  The remedy or adjustment, ifany, to be made.
4.  The signature ofthe employee'ssupervisor or management representative.
STEP2
If the grievance cannot be resolved at Step I, it shall be referred in writing to the Fire Chief
within (10) ten calendar days after the designated supervisor'sanswer in Step 1. The Fire Chief,
or his/her representative, shall discuss the grievance within ten(!0) calendar days with the Union
representative at a time mutually agreeable to the patties. Ifthe grievance is settled as a result of
such a meeting, the settlement shall be reduced in writing and signed by the Fire Chief and
Union. If no settlement is reached, the Fire Chief, or his/her representative, shall give the
Department'swritten answer to the Union within ten (10) calendar days following the meeting.
STEP3
Ifthe grievance cannot be resolved at Step 2, it shall be referred in writing to the Fire Chiefand
the Pott'sLabor Relations representative within ten (10) calendar days after the Fire Chiefs
answer in Step 2. The Port'sLabor Relations representative shall attempt to resolve it and
provide a written response within ten (I0) calendar days.
STEP 4: ARBITRATION
If the grievance has not been resolved at Step 3, the Union may refer the dispute to final and
binding arbitration by notifying the Port in writing of its submission to arbitration within ten (IO)
calendar days after receipt of the Pott's Labor Relations representative written response at Step
3. Within ten (10) calendar days from sending its notice, the Union shall file for arbitration with
the Public Employment Relations Commission and select to receive a list ofarbitrators or receive
the assignment of an arbitrator. Ifthe receipt of a list is selected, within ten (10) calendar days
after receipt ofthe list, after flipping a coin to see which party goes first, the Union and the Port
shall alternately strike the names on the list, and the remaining name shall be arbitrator.
Alternatively, the patties may mutually agree upon an arbitrator instead of obtaining a list from
PERC. The parties may mutually agree to submit the grievance to mediation prior to arbitration
by filing a joint request for mediation with the PERC.
The hearing on the grievance shall be informal and the rules of evidence shall not apply. The
arbitrator shall not have the power to add to, subtract from, or modify the provisions of this
agreement in arriving at a decision of the issue or issues presented; and shall confine his/her
decision solely to the interpretation, application, or enforcement of this agreement.  The
arbitrator shall confine himself/herself to the precise issue submitted for arbitration, and shall
have no authority to determine any other issues not submitted to him/her. The decision of the
arbitrator shall be final and binding upon the aggrieved employee, Union and Port.

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The Port and the Union shall share equally the fees and expenses ofthe arbitrator.
Each pmty shall bear its own costs of presenting grievances and/or arbitrations under this
agreement including attorney'sfees.
ARTICLE 14 - POLICY AND PROCEDURES
The Union agrees that its members shall comply with all Fire Depmtment Policies and
Procedures including those relating to conduct and work performance. Prior to implementation
of changes in Policies and Procedures the Port agrees to discuss the intended changes with the
Labor-Management Committee.
ARTICLE 15 - HOURS OF WORK AND OVERTIME
Section 15.1- Workweek
Except for those employees assigned to the forty (40) hour shifts, the regularly scheduled
average hours of duty will not exceed two thousand four hundred twelve (2,412) hours per year
based on a four (4) year average. For employees on twenty-four (24) hour duty shifts, the work
cycle shall be sixteen (16) days, not to exceed one hundred twenty one (121) hours.  Each
employee assigned to a twenty-four (24) hour duty shift will be required to work nine (9) Debit
Days per calendar year.
a.      No member shall work in excess of seventy-two (72) hours in any pos1t10n
without a minimum break of twelve (12) hours; except in unusual emergency
situations and only with the approval ofthe Fire Chiefor his/her designee.
b.     Changes in Debit Days shall be assigned by the Chief or his/her designee.  All
changes will consider minimizing the possibility ofovertime.
c.      When Debit Day schedules must be changed to minimize ove11ime, the affected
members shall attempt to reach an agreement on who will be reassigned. If a
mutual agreement cannot be reached, Department seniority shall be used and the
member with the least seniority shall be reassigned.
d.     Twenty four (24) debit hours per year shall be substituted for sixteen (16) hours of
MCO and ARFF training.
e.     Twenty four (24) debit hours per year shall be substituted for twenty four (24)
hours ofCSR or HazMat training.
Section 15.2 - Change in Starting and Stopping Time
Shift change for twenty-four (24) hour employees shall be eight (08:00) a.m.  Employees
assigned to a forty (40) hour workweek may work a flextime schedule if approved by the Chief
and in conformance with Port Policy.
a.     Alternate work schedules, including a 4110 day shift, shall be established in Fire
Department Policy.
b.     When emergency conditions exist, the Port may change stmting and stopping
times.    The Port will notify the Union as soon as feasible under the
circumstances.

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Section 15.3 - Light Duty
When an employee is unable to perform his/her regular duties due to injury or illness, the
employee shall be assigned temporarily to special duty for a maximum of six (6) months
duration from the date ofinjury or illness.
It will be the mutual objective of the parties to return disabled LEOFF II employees to work as
quickly as possible when return to work is clearly appropriate from a medical standpoint in
compliance with State of Washington Disability and Retirement Statutes.  Light duty
assignments shall normally be made on a forty (40) hour Fire Department shift schedule. Light
duty Fire Department assignment will be mandatory to all LEOFF II employees, duty and nonduty
disabilities, who have medical approval from their health care providers to return to work
on a light duty status utilizing the Port's Job Analysis Form FDJA-1-98. The employer shall
provide the appropriate work within the Fire Department.
Section 15.4 - Day Shift Employees
Except as provided in Section 15.7 and under the conditions stated in Section 15 .9, in the event a
need for overtime occurs, the employee shall be paid at the overtime rate (1 Y:z) for work
performed over and above a foll-time regularly scheduled workweek, or on "an employee's
Saturday, or Sunday" or holiday.  In no case shall overtime compensation be duplicated or
pyramided.
Section 15.5 - 24-Hour Shift Employees
These employees shall be paid at the straight-time rate for work hours scheduled. Work assigned
before or after a twenty-four (24) hour on-duty shift or on off-duty shifts shall be paid for at the
ove1iime rate (I Y:z) when they work in excess of the daily twenty-four (24) hour shift schedule
or in excess of one hundred twenty one (121) hours during the sixteen (16) day work cycle. In
no case shall ove1iime compensation be duplicated or pyramided.
Section 15.6 -Trading Days Off
When an employee wishes to trade work time with another employee, such trading ofwork time
shall be subject to approval of the On Duty Battalion Chief. Reference Policy #411, Appendix
IIA and IIB. When one employee voluntarily trades shifts with another, the number of hours
worked will be calculated as if the employee had worked his/her normal work schedule for that
shift.
Section 15.7 - Overtime Compensation
All overtime compensation must be authorized by the Chiefor his/her designee in advance. The
pay of employees who arrive late will be reduced as appropriate. Voluntary early relief will be
managed in accordance with applicable law.
Section 15.8 - Call Back
Ifan employee is called back to work outside ofhis/her normal schedule, such employee
shall receive a minimum offour (4) hour compensation at the overtime rate. The number
ofhours the employee is called back to work shall be at the discretion ofthe Battalion
Chief. The four (4) hour minimum does not apply to shift extension.
a.  For pre-scheduled call back assigmnents outside ofthe employee'sregular work

15

schedule, compensation will start when the employee begins work at the work site.
b.  For unscheduled call back assignments requiring immediate return to the work site,
compensation will start at the time the employee is called back and will include time
spent traveling to the work site. Management reserves the right to use its discretion in
such unscheduled call back assignments and may give consideration to the amount of
time an employee will require to repmi and the distance s/he will need to travel.
Section 15.9 - Calculations of Hourly Rates
When calculating the hourly base rate ofpay which shall apply to said excess hours ofwork, the
established monthly salary ofFirefighters shall be multiplied by twelve (12) to obtain the ammal
salary which shall then be calculated in the following manner:
8-hour and 10-hour day shifts shall be divided by two thousand eighty (2,080)
(40 hours/week x 52 weeks/year= 2,080 hours per year).
24-hour shifts shall be divided by two thousand four hundred twelve (2,412).
Section 15.10 - Special Assignments Schedules
An employee initiated request for a temporary change in work schedule will be given
consideration for those members serving in special or extraordinary events, such as tunnel
inspections, pit fire drills, and vehicle maintenance.
ARTICLE 16 - JURY DUTY/SUBPOENAED WITNESS
Section 16.1 - Compensation Conditions
When an employee is called for and serves as a subpoenaed witness on Port-related cases or on
jury duty, that employee shall, during such service period, receive full regular compensation
from the Pmi. Pmi compensation for service as a subpoenaed witness on Po1i-related cases only
applies to absence from regularly scheduled work hours and does not apply to individual
members brining suit against the Pmi.
Section 16.2 - Limited Overtime Conclitions
Employees serving as a subpoenaed witness of a Port-related case will be compensated at the
ove1iime rate, for time worked outside of the normally scheduled work time.  Employees
serving on jury duty shall remain on regular pay for on-duty hours served.  Overtime is not
provided for off-duty jury participation.
Section 16.3 - Scheclule Acljustment
In accordance with Section 12.4, Management may adjust an employee's schedule for jury duty
or service as a subpoenaed witness on a Port-related case contingent on the employee's
agreement.



16

ARTICLE 17 - SICK LEAVE AND DISABILITY
Section 17.1 - Use of Sick Leave
Use of Sick Leave is limited to authorized absence due to employee or immediate family
member illness or injury. For the purposes ofthis Section, immediate family member is defined
as spouse or domestic partner and the parents or children of the employee, spouse or domestic
partner.
Depatimental management may at any time require a health care provider's statement to justify
the use ofsick leave and/or to determine that an employee'sreturn from absence due to illness or
injury is sanctioned by the attending health care provider. Nothing herein shall undermine the
right ofthe Port to require an employee to show valid and satisfactory proof of illness or injury
anytime sick leave or disability leave is used.  Misrepresentation of any material facts in
cormection with paid sick leave or disability leave by any employee will constitute grounds for
disciplinary action up to and including discharge.
In any case where an employee is entitled to benefits under State Worker's Compensation Act as
it now defined, providing payments to injured or disabled workers, the Port shall pay only the
difference between the benefits received by such employees and their regular rate of
compensation shall be limited to the period of time that such employee has accumulated sick
leave and in compliance with applicable law.  The Po1i may require the employee to furnish
medical proof, or to submit to a medical examination by a Port appointed physician at the Port's
expense to determine whether a subsequent injury or illness is new and separate or an
aggravation ofa former injury or illness.
Section 17.2 - Sick Leave Coverage - Bargaining Unit Members
Sick leave accruals shall be based on a pro rata share of a full-time work schedule (compensated
time) and shall be computed based on the following hours in a work shift;
a.      Members who work 24-hour schedules shall accrue 12 hours or one-half of a 24-
hour shift per month ofsick leave.
b.     Members who work 40-hour schedules shall accrue 10.2 hours per month of sick
leave
c.     These accruals shall commence from the date ofemployment. Sick leave accruals
may be used following 30 days ofcontinuous employment.
d.     Sick Leave for employees hired after January 1, 2005 may be accumulated up to
1,440 hours.
Section 17.3 - Sick Leave Upon Termination
After five (5) years of service, bargaining unit members, upon termination of employment, shall
receive compensation for 50% oftheir unused sick leave.
Section 17.4 - Disabilitv, LEOFF, Plan II
Duty disability coverage and non-duty disability coverage shall be as follows:
a.     Duty disability coverage for LEOFF, Plan II, Employees shall be provided by the

17

Port of Seattle at 100% coverage as provided by the State Industrial and Workers'
Compensation Act and Appendix B, Duty Disability Supplement.
b.     Non-Duty disability for LEOFF, Plan II, Employees shall be provided by sick
leave as stipulated in this Article and by insured disability benefits as may be
agreed to between the Union and the Port. There shall be no duplication of
coverage under sick leave and insured benefits.
c.     When combined with such other benefits, accrued sick leave may be applied up to
but not to exceed the employees' regular pay rate.
d.    Any employee who is receiving both (I) insured non-duty disability benefits from
the WSCFF/Standard disability program and (2) employer provided paid leave,
shall be required to promptly remit payment ofany WSCFF/Standard disability
benefits to the employer to buy-back paid leave used while on such non-duty
disability. Leave shall be bought back hour-for-hour, based on the respective
employee'srate ofpay. Employees will not be able to buy-back more leave than
what was used while on such non-duty disability.
Section 17.S - Extended Coverage, LEOFF, Plan II, (Dutv Disabilitv)
Employees who qualify for payments under RCW 51.32.090 due to temporary total or partial
disability may be continued as an employee beyond the six (6) months from the date of injury or
illness, subject to the following conditions:
a.      Such employee(s) will be required, at the request ofthe employer any time during
the disability, to be available for periodic medical examinations by a physician
selected by the Port; and,
b.     Such employee(s) will perform light duty tasks, subject to the approval of the
employees physician who has determined light duty work appropriate utilizing the
ports Job Analysis Forms FDJA-1-98 and FDJA-2-98; and,
c.      Such employee(s) within a reasonable period of time, has the potential of
returning to his/her regular job based upon competent medical examinations
provided in "a" above.
Section 17.6 - Extended Coverage, LEOFF, Plan II, (Non-Dutv Disabilitv)
Employees who are unable to perform their regular job(s) as a result of a non-occupational
illness or injury may be continued as an employee beyond six (6) months from the date ofinjury
or illness subject to the following conditions:
a.      Such employee(s) will be required, at the request ofthe employer any time during
the disability, to be available for periodic medical examinations by a physician
selected by the Port; and,
b.     Such employee(s) will perform light duty tasks, subject to the approval of the
employees physician who has determined light duty work appropriate utilizing the
ports Job Analysis Forms FDJA-1-98 and FDJA-2-98; and,
c.      Such employee(s) within a reasonable period of time, has the potential of
returning to his/her regular job based upon competent medical examinations
provided in "a" above.

18

Section 17.7 - Family Medical Leave Act (FMLA) and Family Care Act (FCA)
An employee will be permitted to use accrued time offwhen on leave as provided by the FMLA
and FCA while adhering to the P01t of Seattle Policy.
Section 17.8 - Sharecl Leave
On a voluntary basis and in accordance with procedures outlined in Pott Policy/Procedure HR-5,
Leaves, employees may donate accrued leave to benefit other employees who are suffering from
an extraordinary or severe illness, injury, impairment, or physical or mental condition which has
caused, or is likely to cause, the employee to take leave without pay or terminate his or her
employment.
Any employee may donate any amount of vacation, sick leave, or pooled leave. In accordance
with HR-5, Shared Leave will be paid at the recipient's own rate of base pay. Donated leave
shall be designated to a specific individual.  Donations and requests for shared leave will be
coordinated in Human Resources.
Section 17.9 -Attenclance Incentive
Any employee who has completed one year of continuous employment without any absence
from work except as provided below will receive an attendance incentive of two hundred fifty
dollars ($250.00).
a.      For the purpose ofthis provision, any absence except the following will disqualify
an employee from the attendance incentive, i.e., absences as a result of:
l)    Vacation (Article 18)
2)    Holidays (Article 19)
3)    Bereavement Leave (Atticle 20)
4)    Military Leave (Article 23)
5)    Jury Duty (Atticle 26)
6)    Subpoenaed Witness Service on a Port related case (Article 26)
7)    Time Offfor Appointments (Article 21)
8)    FMLA Leave
b.     A qualifying year, for the purposes ofthe attendance incentive, will be accounted
for on an individual basis. The year will be measured slatting on the first of the
calendar month following the date the last disqualifying employee absence occurs
until the first ofthe calendar month one year later.
c.     The employee will be paid their incentive within a reasonable time following their
qualifying year.
d.     The Fire Depattment logbook and payroll hours will be used to determine
eligibility.
Section 17.10-Mcclical Savings Account
Either party may request to open the agreement with respect to medical savings accounts (e.g.
VEBA).


19

ARTICLE 18 - VACATION
Section 18.1 - Rates ofAccrual
Vacation accruals shall be based on a pro-rata share of a foll-time work schedule (compensated
time) and shall be computed based on the following hours in a work shift - eight (8) hours for
day shift personnel and twelve (12) hours for twenty-four (24) hour shift personnel.
a.     Based on the first day of employment from the first full month to and including
the thitiy-sixth (36th) full month of continuous employment, employees shall
accrue vacation as follows:
Day shift personnel= .0468 hours per straight-time hours paid
(.049 x 2,080 annual hours= 102 hours or 12.75 shifts)
24-Hour personnel = I0 hours per month
(I0 x 12 months = 120 hours or 5 shifts)
b.     From the thirty-seventh (37th) full month to and including the one hundred thirtysecond
(132nd) full month of continuous employment, employees shall accrue
vacation as follows:
Day shift personnel= .07 hours per straight-time hours paid
(.0736 x 2,080 annual hours= 153 hours or 19.125 shifts)
24-Hour personnel = 15 hours per month
(15 x 12 months= 180 hours or 7 Yz shifts)
c.     After the completion ofeleven (I I) years ofcontinuous employment starting with
the one hundred thitiy-third (133rd) full month, employees shall accrue vacation
as follows:
Day shift persom1el = .0936 hours per straight-time hours paid
(.098 x 2,080 annual hours= 204 hours or 25.5 shifts)
24-Hour personnel= 20 hours per month
(20 hours x 12 months = 240 hours or I 0 shifts)
d.     After the completion offifteen (15) years of continuous employment starting with
the one hundred eighty-first (181st) full month, employees shall accrue vacation
as follows:
Day shift personnel= .1123 hours per straight-time hours paid
(.1178 x 2,080 annual hours= 245 hours or 30.625 shifts)
24-Hour persom1el = 24 hours per month
(24 hours x 12 months= 288 hours or 12 shifts)
Section 18.2 - Limits on Accumulating Vacation Leave and Cash Out
Vacation leave accumulation for all employees covered under this Agreement shall be limited to
a maximum accrual for five hundred seventy six (576) hours. Any vacation leave accruals

20

exceeding this maximum accrual cap shall be forfeited and not subject to cash out and/or use.
Employees shall be responsible for monitoring and taking vacation leave in order to avoid any
forfeiture of leave. Any unused vacation leave at or under the five hundred seventy six (576)
hour accrual cap may be cashed out by the employee under the following conditions:
a.  Vacation hours may be cashed out on any regularly scheduled payday.
b.  The cash-out request/waiver form must be submitted to Payroll by the last day ofa pay
period in order to be received on the next paycheck.
c.  Cash-outs will be processed at the employee'sscheduled hourly rate ofpay as recorded in
the payroll system.
d.  Although there is no minimum number ofhours that may be cashed out, the cash-out
request will not be processed ifthe vacation balance after the cash-out leaves the
employee with less than 100 hours ofvacation on the books for suppression shift
personnel or less than 80 hours for day shift personnel.
e.  The cash-out is subject to payroll deductions in accordance with applicable
law/regulations.
f.   The cash-out may be directed to the ernployee's Deferred Compensation account.  The
deferral will be in accordance with the Salary Reduction Agreement form in effect at the
time ofthe cash-out, either as a flat dollar amount or a percent ofpay amount. The
deferral amount chosen from the cash-out will be in addition to the usual deduction on
the employee'spaycheck.
Management shall be responsible for encouraging and allowing proper scheduling for employees
taking annual leave in order to avoid any forfeiture ofvacation leave.
Section 18.3-Scheduling ofVacation Leave
At any time after the successful completion of six-months continuous employment, employees
may request and use vacation leave of up to the number of hours accrued at the time of the
desired vacation date subject to the approval of the Fire Chief or designee as defined in the Fire
Department Procedure Manual. Seniority rights shall apply in scheduling vacation.
Additionally, requests for approval of vacation schedules shall be made to the Fire Chief or
his/her designee as stipulated in the Fire Department Procedure Manual.  While vacation
scheduling guidelines are established by the referenced procedure, the final approval discretion
regarding specific vacation schedules rests with the Fire Chief or his/her designee. Payment for
vacation leave may be made only to the extent of unused vacation accruals at the time of the
leave.
Section 18.4 - Payment for Vacation Leave at Termination
Upon termination of employment, regular permanent employees shall receive pay in lieu of
unused vacation based on the maximum accrual and other limitations stated in this Article.
ARTICLE 19 - HOLIDAYS
Section 19.1 - Designated Holidays and Eligibility
The following holidays shall be granted with pay limited to all DAY shift firefighters:

21

Holiday         Normal Date ofObservance
New Year'sDay   January 1
Washington's     Third Monday ofFebruary
Birthday
Memorial Day     Last Monday in May
Independence Day   July4
Labor Day       First Monday ofSeptember
Thanksgiving Day   Fourth Thursday ofNovember
Day after         Fomth Friday ofNovember
Thanksgiving
Christmas Day     December 25
Four (4) Floating    2 Pmt-designated
Holidays        2 Employee-designated (one in lieu of
Martin Luther King's Birthday - May
be taken after January 15 each year)
Time off in lieu of holidays shall be scheduled at a time the employer finds most suitable after
considering the wishes ofthe employee and the requirements ofthe Depaitment.
Members assigned to day shift during the first quaiter ofthe year and expected to be assigned for
at least the duration ofthe year shall be eligible for all four floating holidays Members assigned
to day shift after the first halfof the payroll year shall receive one employee designated floating
holiday.
Members who are expected to be assigned away from day shift during the year shall be eligible
for a proportionate number offloating holidays. It is not the intent of this language to work any
Port employee on a Port designated holiday.
Section 19.2 - Overtime Application
In addition to eight (8) or ten (! 0) hours holiday pay, Day shift firefighters who work on the
holiday will also receive time and one-half for hours worked.
Section 19.3 - Day of Observance
When a holiday falls on a Sunday, the following Monday will be observed. When a holiday falls
on a Saturday, the preceding Friday will be observed.
Section 19.4 - Personal Holiday
At least 24 hours advanced notice and the Fire Chief or his/her designee's approval is required
for the personal holiday. Eligibility for the personal holiday is not established until after the first
six (6) months ofemployment. An employee shall receive no extra pay for not taking a personal
holiday, unless directed by the Fire Chiefto work on the day scheduled and no other day offcan
be scheduled before year-end. A terminated employee shall not receive pay for a personal
holiday not taken prior to the last day worked. (Also see Section 19.1 for language on pro-rated
eligibility.)

22

Section 19.5 -Day Shift Holidays
For employees who are working flexible or 4/10 schedules and a holiday occurs on the
employee's normal day off, that normal day off will be treated as a weekend holiday and
designated on either the first or last day of the said employee's work week depending on when
the holiday occurs.
ARTICLE 20 - BEREAVEMENT/EMERGENCY LEAVE
Section 20.1- Bereavement Leave
At the discretion ofthe Battalion Chief, from one (1) to five (5) days for day shift personnel, or
from one (1) to three (3) shifts for 24-hour personnel per bereavement which shall not result in
compensation for more than the number of hours in any normal workweek may be granted to
employees who have been employed for thirty or more days of uninterrupted service and who
have suffered the loss by death ofa member oftheir immediate family. Individual circumstances
such as the distance to the funeral and the extent ofemployee involvement with the arrangements
for the deceased shall be considered in determining the number of days to be granted an
employee.
For the purposes ofthis Section, immediate family is defined as: the employee'sspouse or
domestic partner; the parents or children ofthe employee, the employee's spouse, or domestic
partner; the sibling, grandparent, or grandchild ofthe employee, the employee'sspouse, or
domestic partner; the spouse or domestic partner ofthe employee'ssibling; or as agreed to by the
Fire Chief.
Section 20.2 - Emergency Leave
Emergency leave will be authorized in accordance with policy 411.
ARTICLE 21 - TIME OFF FOR APPOINTMENTS
After completing their probationary period, employees who are scheduled to work forty (40)
hours per week, may be granted brief periods of paid time off for medical, dental, or other
personal business appointments (such as appointments with attorneys) which could not be
arranged during non-working hours. The Fire Chief or his/her designee may authorize time off
for not more than twelve (12) hours each during a calendar year.
Employees who do not work a forty (40) hour schedule are expected to arrange personal
appointments during their shift time off.
A member must work on a day shift assignment for a minimum oftwo months prior to applying
for time off.  Members being transferred to day shift with prior appointments shall be given
reasonable consideration.
ARTICLE 22 - EDUCATIONAL REIMBURSEMENT
Section 22.1,... Required Job-Related Course Work Requested by Department Management
When directed by Departmental management, the cost of course work or training related

23

specifically to improvement ofjob situation shall be paid for entirely by the Port.
Section 22.2 - Employee Initiated Requests for Job-Related Course Work
Upon completion of the probationary period, employees enrolled in training or course work
specifically related to improvement ofjob situations within the Department will be eligible for
reimbursement oftuition costs. Only the tuition costs for such instruction shall be reimbursed on
the following basis:
a.     Approval prior to commencing course was obtained in writing from Departmental
management.
b.     The course was completed with a grade "C" or better.
c.     The tuition bill is to be submitted to the Port to verify tuition costs as an
attachment to the employee'sexpense claim form
d.     The reimbursement rate, limited to tuition only, is 50% for employees with
seniority status up to four (4) years ofcontinuous employment and 75% after four
(4) years ofcontinuous employment.
e.     Employees requesting outside training, securing expenditure ofP01i funds may, at
the discretion ofthe Fire Chief, be required to reimburse the Pmi should they fail
to attend.
f.       Subject to the other applicable provisions ofthis section, Haz-Mat II training shall
be reimbursed at 100%.
Additionally, bargaining unit members will be eligible to apply for College Degree Completion
support under the terms of HR-12. The parties understand and agree that HR-12 is subject to
revision by Port Human Resources & Development.
ARTICLE 23 - MILITARY LEAVE
Military leave shall be provided as stated in the Port of Seattle "Wage and Benefit Resolution -
#2810" Section 5, in accordance with RCW 38.40.060.
ARTICLE 24 - INSURANCE
The following insurance is provided for LEOFF I and LEOFF II employees and for their
dependents.
Section 24.1 - Medical
On the first of the month following the date ofhire, employees will receive insurance coverage
for themselves, their spouse/patiner, and eligible dependents on the Association of Washington
Cities HealthFirst Plan. Effective January 1, 2012, the employer will pay the full premium cost
for the employee. The employee will be responsible for paying a portion of the premium for
his/her spouse/partner and dependents as follows:
a.  Spouse or Partner - $32 per month
b.  First Child - $16 per month
c.  Second Child - $13 per month
Effective January 1, 2015, the employee will be responsible paying a portion ofthe premium for

24

his/her spouse/partner and dependents as follows:
a.   Spouse or Partner - $50.30 per month
b.  First Child - $24.75 per month
c.  Second Child - $20.51 per month
Effective January 1, 2016, the employee will be responsible paying a po1iion ofthe premium for
his/her spouse/partner and dependents as follows:
a.   Spouse or Pminer - $67.07 per month
b.  First Child - $33.00 per month
c.  Second Child - $27.34 per month
Employee costs shall be by payroll deduction. Changes made by the Association of Washington
Cities to the rates or benefits provided under the HealthFirst Plan are not subject to negotiation
during the term ofthe Collective Bargaining Agreement.
The parties agree that the amount ofa members' contribution to the cost ofthe employee'shealth
insurance premium will be discussed during negotiations on the successor collective bargaining
agreement. Statutory considerations, including appropriate comparable jurisdictions, will be used
in determining the level ofemployee cost share. In the event the parties fail to reach agreement
on the level ofcost share, this issue shall be included in a list ofissues to be certified to interest
arbitration.
Section 24.2 - Dental
On the first of the month following the date of hire, employees will receive insurance coverage
for themselves, their spouse/partner, and eligible dependents on the Association of Washington
Cities Plan F.
Section 24.3 - Life Insurance
Life insurance for employees, their spouse/partner, and eligible dependents will be provided on
the Association ofWashington Cities Plan C.
Section 24.4 - A.D. and D (Accidental Death and Dismemberment
Association of Washington Cities - Plan C - (coverage included as a rider under the Life
Insurance policy)
Section 24.5 - L.T.D. (Long Term Disability)
The Union will provide Long Term Disability (LTD) coverage for employees covered nuder this
Agreement, through the WSCFF Disability Program (underwritten by Standard Insurance
Company), via Port payroll deduction from each employee's second (2"d) monthly paycheck.
Employees shall be responsible for paying one hundred percent (100%) of premiums for LTD
coverage. The Union shall be responsible for any overages or shotiages in premiums. The
Union shall also be responsible for liaising with the broker(s) for employees' LTD coverage.
The Port will remit LTD premiums to the Union in a similar manner as the Port remits
employees' Union dues.


25

Section 24.6 - Alternate Insurance
a.      The Port agrees to discuss and consider in good faith any alternate insurance plans
the Union may submit to the Port during the term ofthis agreement.
b.     The pmties agree and understand the Port continues to maintain the unilateral
right to select the carrier unless it is mutually agreed otherwise.
c.     It is intended that any insurance change will not increase the Port's cost in effect
at the time ofthe good faith discussions contemplated above.
Section 24.7 - Port of Seattle Firefighter'sRetirement Funcl
The Pott agrees to sponsor the Port of Seattle Firefighter's Retirement Fund, which will be
directed by representative(s) ofthe Pott and Union, and to contribute the following:
The above rate shall be one dollar and fifteen cents ($1.15).
The Port shall contribute six and two tenths percent (6.2%) of the Taxable Wage Base on behalf
ofthe members ofthe bargaining unit up to the annual maximum limits for Social Security to the
Port of Seattle Firefighter's Retirement Fund, in lieu of Social Security.  If the percentage
contribution for Social Security changes during the term ofthis agreement, the Port's percentage
contributions to the Fund would change accordingly.
Section 24.8 - Eye Care Coverage
The Port shall pay up to twenty-five dollars ($25.00) towards the AWC Vision Service Plan
(Premium, no deductible plan).
Section 24.9- Washington State Council of Firefighters Medical Expense Reimbursement
Plan (MERP)
The Port will make monthly salary reduction contributions on behalf of each employee to the
WSCFF Employee Benefit Trust at a contribution rate ofseventy five dollars ($75.00) per 111onth
to be deducted fro111 each employee's first monthly paycheck. All ofthe Pott's contributions to
the Trust are 111andatory salary reduction contributions to be used solely for the purpose of
providing health benefits that qualify for exclusion under IRC Section I06 and shall not
constitute wages or salary for the purpose of determining any other benefit, including retirement
benefits, disability benefits, or life insurance covered a111ounts.  Covered employees may not
elect to receive any pottion of the benefit under the MERP as additional salary or wages.  In
accordance with the private letter ruling 200846011 issued to the Trust, such amounts are
excluded from gross income under IRS Code Section 106. The Union shall have the option to
adjust the contribution rate annually, and shall communicate any adjustment to the Pott by
December 1''forthe following year.
All 111embers of International Association ofFirefighters, Local No. 1257 who have participated
in the Washington State Council of Firefighters Medical Expense Rei111bursement Plan for not
less than one (1) month, prior to being pro111oted or reassigned to a position not represented by
the Union, will continue to be participants in the MERP until they are no longer employed by the
Port of Seattle.  The Pmties understand that extension of MERP participation to formerlyrepresented
e111ployees under this Section 24.10 shall not be construed to affect any other benefit
described in the Agreement.

26

The Parties understand that participation in the MERP is irrevocable. Therefore, the Port agrees
to continue to make the appropriate contributions for promoted or reassigned LEOFF 2
employees in the same manner as for Union members. The Parties fmiher understand that a
promoted or reassigned employee described in this Section shall not have the option to elect in or
out ofthe MERP.
This Trust shall remain separate and apati from any Port retiree health insurance funding
program, if applicable, unless changed by mutual agreement of the Parties to this collective
bargaining agreement. This Section does not provide employees, retirees, or dependents with a
vested right in Port-paid retiree health insurance. This language is meant to clarify the intent of
the Patiies from negotiations of this Section.  The Patiies agree that only eligible, active
employees may contribute to the Trust, and only for the duration of this contract. This provision
expressly incorporates by reference the most recent MERP and Trust Agreement, and such
documents shall be administered and interpreted in a manner consistent with this paragraph.
ARTICLE 25 - UNIFORMS AND PROTECTIVE CLOTHING
Section 25.1 - Provision ofUniform and Prntective Clothing
All uniforms as required by the Poti of Seattle Fire Depatiment Rules and Regulations, Policy
and Procedures, and protective clothing and equipment as required by the Washington State
Vertical Safety Standards for Firefighters and FAA regulations, and bed linen, shall be supplied,
cleaned, and maintained at no cost to the employee. Problems with uniforms will be referred to
the uniform sub-committee.
Section 25.2 - Components Provided Upon Retirement
Upon retirement an employee will be provided components oftheir personal protective
equipment, which will include their structural helmet, leather boots, badges, and structural
gloves.
ARTICLE 26 - PHYSICAL FITNESS PROGRAM
All employees shall participate in the established, mutually agreed upon, mandatory Fire
Depaiiment Physical Fitness Program most recently modified in November 1989. The Physical
Fitness Program shall be designed to insure the employee's physical fitness to perform their
duties. Disciplinary action in connection with the Physical Fitness Program shall be taken only
in the event employees fail to participate in the program as prescribed. The Port will provide the
facilities and equipment necessary to maintain the program. The terms of the Program require
the agreement of the Port and the Union. Issues concerning the terms of the Program may be
referred to the Labor-Management Committee.
ARTICLE 27 -PHYSICAL CAPACITY EVALUATIONS REQUIREMENTS
A physical capacity evaluation (PCE) is defined in WAC 296-23-220 as "a performance-based
evaluation that assesses worker's physical functions and relates these to perfonnance potential
for work-related activity.  Evaluations are conducted by a licensed physical or occupational

27

therapist." The Port may require a PCE in a return-to-work case ifthe treating doctor is reluctant
to provide authorization for a full release after the job analysis has been reviewed. The Pmi's
Workers Compensation Program will be responsible for scheduling of all PCEs. The Fire
Depmiment will be responsible for all costs related to the PCE.
ARTICLE 28 - SAVINGS CLAUSE
In the event of invalidation of any part or provision of this agreement under this article, the
parties shall negotiate in good faith to modify the pmi of provision to the degree possible to
comply with law.
ARTICLE 29 - DEFERRED COMPENSATION
Employees shall be eligible for participation in the Port of Seattle's Deferred Compensation
Plan. Eligibility and participation of employees shall be subject to the terms and conditions of
such plan including any plan amendments, revisions, or possible cancellation. It is further
agreed that content ofthe plan itself, plan administration, and any determinations made under the
plan shall not be subject to the Grievance Procedure (A1iicle 13) or to any other provisions of
this Labor Agreement or to negotiation by the Union.
ARTICLE 30 - CHANGES IN WORKING CONDITIONS
The Pmi assures the Union that its intention in executing this Agreement is not to make
significant changes in existing working conditions granted to employees because such conditions
are not specifically identified in this agreement. Any such changes shall be made within the
provisions ofapplicable state law.
ARTICLE 31 - SCOPE OF AGREEMENT
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. The pmiies acknowledge
that each has had the unlimited right within the law and the opportunity to make demands and
proposals with respect to any matter deemed a proper subject for collective bargaining. The
results of the exercise of that right and opportunity are set forth in this Agreement.  All
memoranda and letters of agreement/understanding that have not been incorporated into this
Agreement are null and void. Therefore, for the duration of this Agreement, the Port and the
Union each agrees to waive the right to oblige the other to bargain with respect to any subject or
matter not specifically referred to or covered in this Agreement.
ARTICLE 32 - STRIKES AND LOCKOUTS
In recognition of the Port's status as a municipal corporation, no employee shall strike or refuse
to perform his/her assigned duties to the best of his/her ability.  The Union shall not cause or
condone any strike, picketing, work stoppage, slowdowns, or other interference in any way with
normal Port operations.  Willful violation of this article by any employee shall result in
immediate dismissal.

28

ARTICLE 33 - STAFFING AID CAR AND DRIVERS
Section 33.1- EMT/Aid Car
Effective 1980 with Recruit Class 80-3, all employees hired shall maintain EMT (Emergency
Medical Technician) status as a job condition with the exception of Battalion Chief, Alarm
Technician, and Firefighter/Mechanic. The following provisions and exceptions shall apply:
a.      The Port agrees to pay all costs for initial EMT certification and re-certification.
Ifthe employee fails the second re-certification class, all additional costs shall be
borne by the employee.
b.     The employer shall provide to the employee continuing on-going education,
scheduling of classes, and the cmTent status of the expiration date of their EMT
status.
c.     Failure to maintain a valid EMT certificate shall result in a two-step reduction in
pay until such time as the employee re-establishes certification. Failure to recertify
after taking the basic EMT course will be cause for termination.
d.     Upon completion ofhis/her thittieth (301
)
year ofservice, an employee may "optout"
ofthe EMT Aid Car rotation providing that s/he maintains his/her EMT
certification and has had at least one rotation on the Engine during the last
calendar year. Rotation is defined as an average, continuous month-long
assignment to the Engine either as driver, nozzle, or.hydrant position on the
employee'shome shift.
Section 33.2 - Driver/Engineer Assignment
Assignments will be made by seniority, provided the Firefighter has met and maintains the
established drivers' certification criteria. Each Battalion Chief will establish and utilize a list of
certified drivers by seniority for his/her shift. When working a shift other than his/her regular
home shift, a certified driver may not be assigned as a driver unless there are no other cettified
drivers on duty.
ARTICLE 34 - JOINT APPRENTICESHIP TRAINING COMMITTEE PROGRAM
The parties agree to participate in the Washington State Joint Apprenticeship Training
Committee (JATC) program. The committee shall be equally divided between Management and
the Union and consist of a maximum of nine (9) members, including a secretary and two
alternates.  Members of the committee shall elect a chairperson responsible to administer the
committee process. Elections to the committee chair position shall be held every two years.
1.  Completion of the JATC program shall be a work performance requirement, not to
exceed three (3) years. The three year program is divided into three steps consisting of
Firefighter E to C for step-1, Firefighter C to B for step-2, and Firefighter B to A for step-
3.
2.  Completion of the first year or step-1 of the JATC program shall be a performance
requirement for Probationarv Firefighters.  Probation shall be extended for special
circumstances that cause delays in completion of step-1, including but not limited to time

29

off for injury/illness, time to complete EMT certification, time for military leave, and
reasons mutually agreed upon by the Union and Employer.
3.  Completion of the JATC program shall be a work performance requirement, not to
exceed three (3) years. Extension ofthe program for special circumstances beyond three
years shall be mutually agreed upon by the Union and Employer. Time for completion of
the program shall be extended for special circumstances causing delays in completion of
steps 2 and 3, including but not limited to time off for injury/illness, time for military
leave, and reasons mutually agreed upon by the Union and Employer.
4.  Firefighter non-compliance with the terms and conditions of the JATC Agreement shall
be grounds for removal of the firefighter from the JATC Apprenticeship program and
disciplinary action up to and including dismissal from employment. Either or both of
these proceedings shall be initiated by the Committee.
5.  It shall be the policy of the Employer to provide or make available supplemental
instrnction, as required by the Apprenticeship Agreement, to apprentice Firefighters onduty
when possible.  If the Employer is unable to provide the apprentice with
supplemental instrnction on-duty, the apprentice shall seek out collegiate courses via
internet (on-line) or via thumb-drive teclmology.  In the event that these options are
unavailable, the Employer agrees to provide relief from duty to attend such supplemental
instrnction
6.  There shall be overtime compensation for off-duty attendance to obtain required
supplemental instruction (RSI) approved by the Employer. There shall be no overtime
compensation for supplemental instruction via internet (on-line) or via thumb-drive
technology.
7.  The Employer will furnish transportation to attend supplemental instruction when
available, or provide mileage allowance as outlined in Port policy.
8.  The Port of Seattle's Joint Apprenticeship Committee will determine after the first cycle
of involvement whether to continue a JATC program or to mutually agree to discontinue
support of a JATC Program.  This allows for evaluation and determination if this
program is sustainable and worthy of continued support by the Port of Seattle Fire
Department.





30

ARTICLE 35 - DURATION OF AGREEMENT AND EFFECTIVE DATE
All conditions of this Agreement shall be effective on the date the Agreement is signed or as
otherwise stipulated in the terms of this Agreement. All provisions of this Agreement shall
extend from effective date to December 31, 2016. Negotiations may be opened by either party
giving notice in writing not later than sixty (60) days prior to the expiration date. The new
agreement shall be effective on the first day of January of each year unless mutually agreed to
the contrary.
SIGNED THIS     DAY OF                  , 20__.
~~~-   -~~~~~~~~~~~~~

Tay Yoshitani, ChiefExecutive Officer
Port of Seattle

Thomas SancheZ';i>i"ritclent
International Association ofFirefighters, Local 1257


Port ofSeattle








31

APPENDIX A
PAY RATES
1. WAGES
A. Base Rates
Effective January 1, 2014, monthly wage rates shall be as follows:
Base Rate  5.5%      9%           15%
Holiday    Work Schedule   Work Schedule
Battalion Chief    9,948.00   10,495.00    NIA           NIA
Captain         8,474.00   8,940.00    9,237.00        9,746.00
Training Chief    9,409.00   NIA       10,256.00       10,821.00
Fire Marshal      9,409.00   NIA       10,256.00       10,821.00
Firefighter Mech.   9,211.00   NIA        10,040.00       NIA
Firefighter "A"    7,369.00   7,774.00     8,032.00        8,474.00
Firefighter "B"     6,693.00   7,061.00     7,297.00        7,627.00
Firefighter "C"     6,177.00   6,516.00     6,733.00        6,949.00
Firefighter "D"    5,802.00   6,121.00    NIA           NIA
Firefighter "E"     5,501.00   5,804.00     NIA           NIA
Alann Insp.       7,369.00   NIA       8,032.00        NIA
For Firefighters hired on or after the execution ofthis agreement, the monthly base wage
rate shall be:
Base Rate   5.5% Holiday  9% Work Schedule  15% Work Schedule
Firefighter "A"    7,369.00     7,774.00      8,032.00         8,474.00
Firefighter "B"    6,632.00     6,997.00.     7,229.00          7,627.00
Firefighter "C"    6,043.00     6,375.00      6,587.00          6,949.00
Firefighter "D"    5,600.00     5,908.00     NIA            NIA
Firefighter "E"    5,250.00     5,539.00      NIA             NIA

B. General Wage Increases
Effective January 1, 2014, the base hourly wage rate ofFirefighter "A" will be increased
3.2%.
Effective January 1, 2015, the base hourly wage rate ofFirefighter "A" will be

32

increased by an amount equal to one hundred percent (I00%) ofthe
Seattle/Tacoma/Bremerton CPI-U (All Urban Consumers), August to August, with a zero
percent (0%) minimum and a six percent (6%) maximum plus 1.5%.
Effective January I, 2016, the base hourly wage rate ofFirefighter "A" will be
increased by an amount equal to one hundred percent (I00%) ofthe
Seattle/Tacoma/Bremerton CPI-U (All Urban Consumers), August to August, with a zero
percent (0%) minimum and a six percent (6%) maximum plus 1.5%.

C. Base Wage Rate Adjustments
Training ChiefBase Rate: Shall be 127.69% ofFirefighter "A" base rate
Effective 1/1/2013, Battalion ChiefBase Rate: Shall be 135% ofFirefighter "A" base rate
Fire Marshal Base Rate: Shall be 127.69% ofFirefighter "A" base rate.
Firefighter/Mechanic Base Rate: Shall be 125% ofFirefighter "A" base rate.
Captain Base Rate: Shall be 115% ofFirefighter "A" base rate
Alarm Inspector Base Rate: Shall be 100% ofFirefighter "A" base rate
Firefighter "B" Base Rate: Shall be 90.83% ofFirefighter "A" base rate
For Firefighters hired on or after the date ofthe execution ofthis agreement:
Firefighter "B" Base Rate: Shall be 90% ofFirefighter "A" base rate
Firefighter "C" Base Rate: Shall be 83.82% ofFirefighter "A" base rate
For Firefighters hired on or after the date of the execution ofthis agreement: Firefighter
"C" Base Rate: Shall be 82% ofFirefighter "A" base rate

Firefighter "D" Base Rate: Shall be 78.73% ofFirefighter "A" base rate
For Firefighters hired on or after the date ofthe execution ofthis agreement:
Firefighter "D" Base Rate: Shall be 76% ofFirefighter "A" base rate

Firefighter "E" Base Rate: Shall be 74.65% ofFirefighter "A" base rate
For firefighters hired on or after the date ofthe execution ofthis agreement:
Firefighter "E" Base Rate: Shall be 71.25% ofFirefighter "A" base rate
Increase from E to D: Firefighters shall be granted a one-step salary increase from E to D,
after satisfactorily completing the approved Port Recruit training program (approximately
12 weeks).  Satisfactorily work performance shall be documented in a performance
review prior to such increase.

33

Increase from D to C: Firefighters performing satisfactorily shall receive a promotional
increase one year from date of hire from D to C, on a single-step salary schedule as
shown in "Wages". Satisfactory performance shall be documented in a performance
review and satisfactory completion of testing based on adopted performance standards is
required. Employees shall be considered on probationary status from date of hire until
the one-year promotion to C firefighter.
Increases from C to B to A: Firefighters performing satisfactorily shall receive promotional
increases after each twelve (12) months from C to B to A, on a single-step salary
schedule as shown in "Wages." Satisfactory performance shall be documented in a
performance review prior to each such increase. Satisfactory completion ofadopted
training performance standards and the recommendation oftheir supervisor is required
for all employees. Lateral hires will be compensated at the Firefighter "C" Base Rate and
will be eligible for increases in accordance with this paragraph.

2. COMPARABLES
The Port and the Union agree to use the following comparables: the cities of Seattle, Tacoma,
Renton, Bellevue, Tukwila, and Kirkland, and Valley Regional Fire Authority.
3. LONGEVITY
After five (5) years active employment have been completed since date of hire, employees
covered under this agreement shall receive a rate ofpay equal to the current rate in effect for that
position plus a longevity adjustment equivalent to the following:

5 - 9 years 2% ofFirefighter "A" base rate
10-14 years 4% ofFirefighter "A" base rate
15 - 19 years 6% ofFirefighter "A" base rate
20 - 24 years 8% ofFirefighter "A" base rate
25 -29 years 10% ofFirefighter "A" base rate
30 plus years 12% ofFirefighter "A" base rate
The addition of the longevity adjustment to a classification base rate creates a specific
employee's rate.  This employee's rate is used when computing the holiday or day shift
differentials or the EMT, De-Fib, Haz-Mat, or Education premiums.
4. DIFFERENTIALS
a.      Holiday Differential for 24-Hour Shift Employees: An employee assigned to a 24-
hour shift schedules shall receive a differential of 5.5% of said employee's rate
during such assignment. This 5.5% differential is in lieu ofdays offfor holidays.
b.     Work Schedule Differential for Employees Regularly Assigned to a Day Shift

34

Schedule: An employee regularly assigned to a day shift schedule shall receive a
differential of9% ofsaid employee'srate.
c.      Work Schedule Differential for Rotational Day Shift Employees:
1)    The first two-year term: 9% ofsaid employee'srate
2)    The second consecutive two-year term: 15% ofsaid employee'srate
3)    Members can request a four-year assignment on initial transfer at 15% of
said employee'srate
4)    Those who are presently setving with at least two years in the position can
be eligible for 15% for the next two-year assignment.
5)    With the exception of 4 above, after four consecutive years assigned, and
other members apply for the position, they must rotate out. If no others
apply for the position, the current member may stay for another two-year
term ifthey choose, at the 15% rate.
d.     Eligibility for Day Shift Differential: The day shift differential will not apply, and
the employee will receive his/her regular hourly rate and accruals for hours
worked in the following situations:
a)          Newly hired Firefighters in training.
b)    Employees assigned to day shift for light duty or accommodation.
c)    Employees who voluntarily agree to adjusted schedules related to training
opportunities or jury duty in accordance with Article 12.4.
e.     Premium for "Emergency Medical Technician" (EMT) ID-FIB Assignment:
1)    A qualified Firefighter assigned to Emergency Medical Teclmician duty
for one (1) hour or more shall receive a premium equivalent to 7% ofsaid
employee'srate for each hour worked on such assignment. No more than
two (2) Firefighters shall be assigned to EMT duty at one time during a
twenty four (24) hour tour.
2)    A qualified Captain assigned to the Emergency Medical Technician duty
for one (1) hour or more shall receive a premium equivalent to 2.5% of
said employee'srate for each hour worked on such assiglll1lent. No more
than eight (8) Captains (two per shift) maximum per month.
f.        Premium for "Hazardous Materials" (Haz-Mat) Assignment: Effective January 1,
1990, a qualified Firefighter or Captain assigned to the Hazardous Materials Team
shall receive a premium equivalent to 2% of said employee's rate during such
assignment. No more than 34 employees shall be assigned to the Haz-Mat team
at one time. An employee who is absent from work for three or more consecutive
shifts as a result of a disability or leave without pay shall not continue to receive
the Haz-Mat premium.  In the event of such absence, a qualified employee
working as a replacement shall receive the Haz-Mat premium. The Haz-Mat
premium shall be provided to the qualified working replacement starting at the
beginning ofthe fourth shift ofsuch absence. Effective January 1, 2012, day shift
firefighters are no longer eligible for the Haz-Mat premium.
g.     Medicare Exemption Premium: Effective March 2, 1997, the Port will pay an
amount equal to 1.45% ofthe employees' Taxable Wage Base to employees hired
prior to April 1, 1986. This payment represents the money'sformerly paid by the
Port for the employees Medicare contribution.  This contribution is no longer
necessary as a result of the Union's referendum on February 26, 1997, removing

35

its members from Social Security and Medicare coverage.  Such payment will be
considered supplemental, and will not be considered paii of the employees' base
wage.
Resulting from the Firefighters' February 26, 1997 referendum electing to
discontinue participation in Social Security, the parties agree that refunded
po1iions of the Port's past contributions, on behalf of each employee to Social
Security and Medicare, will be disbursed to each employee. Employees hired on
or after April 1, 1986 shall be subject to Medicare coverage.
h.     Premium for Driver/Engineer Assignment:
A qualified firefighter assigned to driver/engineer for one (1) hour or more shall
receive a premium equivalent to four percent (4%) of said employee's rate for
each hour worked on such assignment. The total number of driver/engineers will
be four (4) on each shift.
1.       Teclmical/Rope Rescue:   Firefighters assigned to  Technical/Rope  rescue will
receive a premium pay of+2%. Sixteen (16) Firefighters shall be eligible for this
premium divided equally amongst the suppression shifts (4 per shift). Captains
and Firefighters must complete Technical/Rope rescue certification compliant
with current NFPA's. Firefighters must choose either Haz-Mat or Tech/Rope
Rescue pay, but not both.  Captains may receive pay for both Haz-Mat and
Tech/Rope Rescue. Effective January 1, 2012, day shift firefighters are no longer
eligible for the Tech/Rope Rescue premium.
J.       Out ofClassification Pay:
a.      Captain:  When an employee  who  is  classified  as  a  Firefighter  is
temporarily detailed to perform all duties of a Captain for one (1) hour or
more, such employee shall be paid the base rate, and any premiums, if
applicable, ofthe Captain classification for the hours worked at the hourly
rate.
b.     Battalion Chief: When an employee who is classified as a Captain is
temporarily detailed to perform all duties of a Battalion Chief for one (1)
hour or more, such employee shall be paid the base rate, and any
premiums, if applicable, of the Battalion Chief classification for the hours
worked at the hourly rate.
k.     Bi-Weekly Pay:   Effective January I, 2005, employees shall be paid on a
biweekly basis.
I.       Education Premium: Employees who have earned a degree from an accredited
college primarily through classroom-based study will receive a differential as set
fmih below. Eligible employees will be paid one
premium reflecting the highest degree earned. Premium pay for degrees earned
via remote or online degree programs is subject to the approval ofthe Fire Chief.
1)    Associates Degree - 2%
2)    Fire Service Associates Degree - 3%
3)    Bachelor ofArts or Science Degree - 4%
4)    Masters Degree - 6%


36

APPENDIXB
DRUG TESTING
SUBSTANCE TESTS

PREAMBLE
While abuse of alcohol and drugs among our members is the exception rather than the rule, the
Local 1257 Firefighters Negotiating Committee shares the concern expressed by many over the
growth ofsubstance abuse in America society.
The drug testing procedure agreed to by the labor/management, incorporates state-of-the-art
employee protection during specimen collection and laboratory testing to protect the innocent.
In order to eliminate the safety risks, which result from alcohol or drugs, the parties have agreed
to the following procedures.
As referred to herein, employee shall mean entry-level probationary employee.
a.      Illicit substance or drug abuse by members ofthe Depatiment is unacceptable and
censurable conduct worthy ofstrong administrative action.
b.     Preconditions to Drug Testing: Before any entry-level probationary employee
may be tested for drugs, the Port must meet the following prerequisites:
1.     Entry-level probationary employees in the bargaining unit must be clearly
informed ofwhat drugs or substances are prohibited by the Port.
2.    The Port must provide in-service training containing an educational
program aimed at heightening the awareness of drug and alcohol related
problems.
3.     The Port and the Union shall jointly select the laboratory or laboratories
which will perform the testing.
c.     The  Department  shall  also  have  the  discretion  in  order  and  entry-level
probationary uniformed employee to submit to a blood, breath, or urine test for
the purposes of determining the presence of a narcotic, drug, or alcohol a
minimum of two (2) times during such employee's entry-level probationary
period. These tests will be conducted in the following manner:
1.     Tests will be administered to each entry-level probationary employee a
minimum of two (2) times, at various intervals, during the probationary
period.
2.     Entry-level probationary employees shall only be tested while on duty.
3.     The providing ofa urine sample will be done in private.


37

4.     Obtaining of urine samples shall be conducted m a professional and
dignified manner.
5.     A portion ofurine samples shall be preserved to permit the following:
a.      Positive samples shall be tested a GC/MX test.
b.     A third test for positive samples shall be conducted if
requested by the employee, at Port expense, by a reputable
laboratory ofmutual choice.
The exercise of this discretion by the Depat1ment shall be deemed a term
and condition of such employee's period of entry-level probation, and
need not be supp011ed by any showing ofcause.
If any employee is ordered to submit to these tests involuntarily, the
evidence obtained shall be used for administrative purposes only.
d.     Testing Mechanisms: The following testing mechanisms shall be used for any
drug tests performed on entry-level probationary members ofthe Department:
1.     It is recognized that the Employer has the right to request the laboratory
persom1el administering a urine test to take such test to take such steps as
checking the color and temperature of the urine sample to detect
tampering or substitution, provided that the employee's right of privacy is
guaranteed, and in no circumstances may observation take place while the
employee is producing the urine sample. If it is established that the
employee's specimen has been intentionally tampered with or substituted
by the employee, the employee is subject to discipline as if the sample
tested positive.  In order to determine adulteration of the urine sample
during the collection process, physiologic determinations such as
creatinine and/or chloride measurements may be performed by the
laboratory.
2.     The parties recognize that the key to chain of possession integrity is the
immediately labeling and initialing of the sample in the presence of the
tested employee.  If each container is received at the laboratory in an
undamaged conditions with properly sealed, labeled and initialed
specimens, as certified by the laboratory, the Employer may take
disciplinary action based upon properly obtained laboratory results.
3.     Any screening test shall be performed using the enzyme immunoassay
(EMIT) method.
4.     Any positive results on the initial screening test shall be confirmed
through the use of the high-performance thin-layer chromatography
(HPTLC), gas chromatography (GC) and gas chromatography/mass
spectrometry (GC/MS). Ifat any time there exists a test with a reasonable
accessible at a reasonable cost, such test shall be used in place of the
GC/MS test ifrequired by the Union.
5.     All samples which test negative on either the initial test or the GC/MS

38

confirmation test shall be reported only as negative. Only samples which
test positive on both the initial test and the GC/MS confirmation test shall
be reported as positive.
6.     In reporting a positive test result, the laboratory shall state the specific
substance(s) for which the test is positive and shall provide the quantative
results of both the screening and the GC/MS confirmation tests, in terms
of nanograms and millimeter. All positive test results must be reviewed
by the ce11ifying scientists or laboratory director and ce11ified as accurate.
e.     Procedures to be used when samples are given: The following procedures shall be
used whenever an employee is required to give a blood or urine sample.
Normally, the sample will be taken at the laboratory. Iftaken at another location,
transportation procedures as identified shall be followed. All samples taking will
be done under laboratory conditions and standards as provided by the selected
laboratory:
1.     Prior to testing, or if incapacitated as soon as possible afterwards, the
employee will be required to list all drugs currently being used by the
employee on a form to be supplied by the Port. The Employer may
require the employee to provide evidence that a prescription medication
has been lawfully prescribed by a physician. If an employee is taking a
prescription or non-prescription medication in the appropriate described
mam1er and has noted such use, as provided above, he/she will not be
disciplined.  Medications prescribed for another individual, not the
employee, shall be considered to be illegally used and subject the
employee to discipline.
2.     When a blood test is required, the blood sample shall be taken promptly
with as little delay as possible. Immediately after the samples are drawn,
the individual test tubes shall, in the presence of the employee, be sealed,
labeled and then initialed by the employee.  The employee has the
obligation to identify each sample and initial same. Ifthe sample is taken
at a location other than the testing laboratory, it shall be placed in a
transpo11ation container after being drawn. The sample shall be sealed in
the employer's presence and the employee given an opportunity to initial
or sign the container.  The container shall be stored in a secure and
refrigerated atmosphere, and shall be delivered to the laboratory that day
or the soonest normal business day by the fastest available method.
3.     In testing blood samples, the testing laboratory will analyze blood/serum
by using gas chromatography/mess spectrometry as appropriate. Where
Schedule I and II drugs in blood are detected, the laboratory is to report a
positive test based on a forensically acceptable positive quantum ofproof.
All positive test results must be reviewed by the ce11ifying scientists or
laboratory director and certified as accurate.
4.     When a urine sample will be given will be given by the employee, the
employee shall be entitled, upon request, to give the sample in privacy. In
most cases, this process will take place in a laboratory. The sample
container shall remain in full view of the employee until transferred to,

39

and sealed and initialed in the two (2) tamper resistant containers and
transportation pouch.
5.     Immediately after the sample has been given, it will be divided into two
equal parts. Each of the two po1iions of the sample will be separated
sealed, labeled.  If the sample is taken at a location other than the
laboratory, it shall be stored in a secure and refrigerated atmosphere. One
of the samples will then be delivered to a testing laboratory that day or
soonest normal business day by the fastest available method.
6.     The sample will first be tested using the screening procedure set forth in
Section (D) (3) of this appendix. Ifthe sample tests are positive for any
prohibited drug, the confirmatory test specified in Section (D) (4) of the
appendix will be employed.
7.     Ifthe confirmatory test is positive for the presence of an illegal drug, the
employee will be notified of the positive results within 24 hours after the
Port learns of the results, and will be provided with copies of all
documents pertinent to the test sent to or from the Port by the laboratory.
The employee will then have the option ofsubmitting the untested sample
to a laboratory ofmutual choice, at the Pmi's expense.
8.     Each step in the collecting and processing of the urine sample shall be
documented to establish procedural integrity and a chain ofevidence. AL
sample deemed "positive" by the laboratory, according to the prescribed
guidelines, must be retained, for identification purposes, at the laboratory
for a period ofsix (6) months.
f.        Consequences ofpositive test results
1.     An employee who tests positive shall have the right to challenge the
accuracy ofthe test results before any discipline procedures are invoked as
specified in Section (E) (7).
2.     Consistent with the conditions of the appendix, the employer may take
disciplinary action based on the test results as follows:
Confirmed positive test - Employee is subject to discharge.
3.     Disciplinary measures including discharge shall not be subject to the
grievance procedure during the first twelve (12) months ofemployment.
g.     Employee rights
1.     The employee shall have the right to a Union representative during any
part ofthe drug testing process.




40

2.     If at any point the results of the testing procedures specified in the
appendix are negative, all futther testing shall be discounted.  The
employee will be provided a copy ofthe results, and all other copies ofthe
results (including the original) shall be destroyed within 24 hours after the
test results have been received by the employer. All positive test results
will be kept confidential, and will be available only to the Chief, one
designated representative ofthe Chief, and the employee.
3.     Any employee who tests positive shall be given access to all written
documentation available from the testing laboratory which verifies the
accuracy ofthe equipment used in the testing process, the qualifications of
the laboratory persormel, the chain of custody of the specimen, and the
accuracy rate ofthe laboratory.
h.     Union hold harmless
The Union and the Port acknowledge that this drug-testing program is solely
initiated at the behest of the Port. The Port shall be solely liable doe any legal
obligations and costs arising out of the provisions and/or applications of this
collective bargaining agreement relating to drug testing.
The Union shall be held harmless for the violation of any worker rights arising
from the drug-testing procedures.










41

APPENDIXC
SUBSTANCE ABUSE REHABILITATION
Ifan employee comes forward requesting rehabilitation treatment for substance abuse, the
employee will be referred to rehabilitation services. Ifthe employee is caught in a prohibited
activity without coming forward, s/he is subject to termination.
Return to work following treatment will be contingent on agreement to a Contract for Continued
Employment drafted by the Port and agreed to by the Union.
Nothing in this Appendix limits the Port'sright to take disciplinary action for just cause.













42

APPENDIXD
FIRST AID FACILITY
If it is the intention of the Port of Seattle to do a feasibility study on providing a "First Aid
Facility" in the Airport's Main Terminal to serve the traveling public, then Local 1257 would
like to participate in that process.
Local 1257 should have the right to patiicipate in any and all studies in providing first aid to the
public, as we are the first line providers of emergency medical care on the Airport's facilities.
This shall be done to not only protect the Port of Seattle Fire Department and this Local, but to
protect the greater interest ofthe Pmi.















43

MEMORANDUM OF AGREEMENT by and BETWEEN THE PORT OF SEATILE (PORT) AND THE
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 1257 (IAFF)
WHEREAS: The Port and the IAFF wish to enter into an agreement on a voluntary separation program
(VSP) to be offered to the members ofthe IAFF Local 1257 bargaining unit;
WHEREAS: The Port has researched the cost effectiveness of a VSP and determined that such a program
could reduce employer expenses;
WHEREAS: A VSP can help advance the Fire Department's interest in effective succession planning;
WHEREAS: The Port and the IAFF have met and agreed upon the terms and conditions of a VSP;
THE PARTIES HEREBY AGREE TO THE FOLLOWING:
1.  The PORT will agree to offer a voluntary separation program (VSP). The VSP shall be made
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available to up to three members of the bargaining unit, per year, in 2014, 2015, and 2016, at
the Port's discretion.
2.  To qualify for the VSP, members must be full-time employees of the PORT who are members of
LEOFF 2 and are currently employed at the time of separation.
3.  The VSP will include a one-time lump sum cash payment of____.. This payment shall not
replace any other benefit applicable to a member upon resignation pursuant to the collective
bargaining agreement between the parties.
4.  In the event more members apply for the VSP than are opportunities, selection will be based on
seniority as defined by the collective bargaining agreement.
'
5.  In consideration for receiving the VSP, the employee shall submit an individual application form
which confirms the voluntary nature of the agreement and includes a waiver and release of all
and any claim against the PORT arising out of the VSP.
6.  The member's individual application for the program must be submitted to the Fire Chief by the
___ofthe yearin which the separation will occur. The Fire Chiefwill notifythe member
and the union ofthe acceptance or denial of the application within         The member will
resign his or her position within ___of being accepted to participate in the program.
7.  Separation by a member shall not be construed as a lay-off or reduction in work force and
members who agree to separate shall have no recall or reinstatement rights.
8.  This agreement represents the total agreement between the parties providing for a VSP.
9.  If.any part ofthis agreement is deemed unenforceable by a court of law or administrative body,
the entire agreement shall be deemed unenforceable.


Tay Yoshitani                                       Thomas'Sanchez
CEO, Port ofSeattle                               President, Local 1257, IAFF

Individual Voluntary Separation Agreement

I hereby apply for the Voluntary Separation Program (VSP) at the Fire Department of the Port of
Seattle. I understand I have until _______to submit my application for the program
and that I have until              to revoke my application for the program. I
understand that by accepting severance benefits under the VSP, I am bound by the terms and
conditions set forth in the VSP pursuant to the Memorandum of Agreement between the Port
and IAFF Local 1257.
I agree to resign from my current position at the Port, including any position at the Port from
which I am on leave, by no later than          . I understand that this date may be
extended to no laterthan----~-~ by written agreement of the Port, in order to
meet critical organizational needs. I further understand that, upon authorization by the Chief
Executive Officer or designee, the Port may request I be recalled to work for short periods after
______. Being recalled will not result in forfeiture of severance benefits.
I agree that if I obtain employment of any kind at the Port within two (2) years of my actual
date of separation (excepting recall), I forfeit the cash severance benefit and agree to repay it
to the Port. Such employment may include regular Port positions, temporary agencies,
consultant or contracting firms, emergency hires, and independent consultants. I further agree
that in the event I am so reemployed, the Port is entitled to collect the full amount of the
severance benefit by any lawful remedy available, including payroll deduction.
I understand that the severance benefit shall not be considered in computing the amount of
rights, benefits, or allowances _to which I or my beneficiaries or heirs shall be entitled under any
retirement or pension plan of which I am or may hereafter become a member.
I understand that the Port considers my departure under this program to be a voluntary
separation from employment and will contest any application for unemployment
compensation.
In conjunction with my application for the VSP, I agree to provide the Port with a signed Release
in Full of All Claims, related to my employment and separation of employment from the Port.
Such Release is attached hereto and incorporated herein by reference.

RELEASE IN FULL OF ALL CLAIMS 
For valuable consideration received the undersigned hereby releases and forever
discharges the Port ofSeattle, and its Commissioners, employees, successors, administrators,
agents, and assigns, and all other persons, firms or corporations liable or who might be claimed
to be liable, none of whom admit liability from any and all claims, demands, actions, causes of
action, suits, costs or expenses, if any, if upon or by reason of any damage, loss, injury or
suffering, known or unknown, on account of or in any way arising from or related to, or which
have resulted or in the future may develop from the undersigned's employment by the Port
and termination of employment by the Port.
The undersigned hereby declares and represents that except for the terms and
conditions of the Voluntary Separation Program incorporated herein by reference, they have
not been influenced to any extent whatever in making this release by any representation or
statement made by persons, firms or corporations who are hereby released, or by any person
or persons representing them.
The undersigned hereby declares that the terms of this Release have been completely
read and are fully understood and voluntarily accepted for the purpose of making a full and
final compromise, adjustment and settlement of any and all claims, disputed or otherwise, for
the express purpose of excluding forever, any further additional claims arising out of
employment and termination of employment.
To the extent this Release applies to claims made or could have been made under the
federal Age Discrimination in Employment Act, 29 USC section 621, et seq., the undersigned is
advised and agrees pursuant to the Older Workers Benefit Protection Act, 29 USC section 626
that this agreeme,nt represents a knowing and voluntary waiver of any and all claims if age
discrimination under the federal Age Discrimination in Employment Act, and any other local,
state or federal law or regulation. This agreement does not.apply to rights or claims that may
arise after this waiver is executed. This waiver is made in exchange for consideration in addition
to anything of value to which the undersigned is already entitled.
This release contains the entire agreement between the parties to the settlement and the
terms ofthis release are contractual not a mere recital.
DATED: this___ day of_______, 201_.
Print name:
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Signature:.______________~

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