8d. Attachment
CBA Port of Seattle Firefighters
Item No. 8d_attach Meeting Date: September 27, 2022 PORT OF SEATTLE AND LOCAL 1257, FIREFIGHTERS, CONTRACT SETTLEMENT COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE PORT OF SEATTLE AND THE PORT OF SEATTLE FIREFIGHTERS INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL UNION NO. 1257 JANUARY 1, 2021 2022 - DECEMBER 31, 20212024 1 TABLE OF CONTENTS ARTICLE TITLE PAGE Preamble 4 1 Recognition 4 2 Union Membership & Dues 5 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 9 10 Discipline and Discharge 9 11 Promotions and Vacancies 11 12 Day Shift Assignments, Selection Process, 11 Temporary Assignments, Temporary Appointment, and Adjusted Work Schedule 13 Grievance Procedure 13 14 Policy and Procedures 15 15 Hours of Work and Overtime 15 16 Jury Duty/Subpoenaed Witness 18 17 Sick Leave and Disability 19 18 Paid Parental Leave 22 19 Vacation 22 20 Holidays 24 21 Bereavement/Emergency Leave 25 22 Time Off for Appointments 26 23 Educational Reimbursement 26 24 Military Leave 27 25 Insurance 27 26 Uniforms and Protective Clothing 31 2 27 Physical Fitness Program 32 28 Physical Capacity Evaluations Requirements 32 29 Savings Clause 32 30 Deferred Compensation 32 31 Change in Working Conditions 32 32 Scope of Agreement 33 33 Strikes and Lockouts 33 34 Staffing Aid Car and Drivers 33 35 Joint Apprenticeship Training Committee Program 34 (JATC) 36 Duration of Agreement and Effective Date 35 APPENDIX Pay Rates 36 A APPENDIX B Drug Testing/Substance Tests 44 APPENDIX C Substance Abuse Rehabilitation 49 APPENDIX D First Aid Facility 50 3 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 of labor relations that will aid in achieving a high level of efficiency in the Department. ARTICLE 1 – RECOGNITION Section 1.01 The Port recognizes the Union as the sole and exclusive bargaining agent for all uniform employees of the Fire Department up to and including the rank of Battalion Chief. The Fire Chief and Assistant Chiefs are excluded from the unit as are all other non-uniform personnel. Section 1.02 In accordance with RCW 41.56.037, the Union will be given thirty (30) minutes to meet with new employees of the bargaining unit within ninety (90) days of employment at a mutually agreeable time to discuss matters concerning the rights of employees, responsibilities of the Union, and services available to the membership. A Business Representative, Shop Steward, and/or Local Union member will be responsible for the presentation. Only the new employee will be released from duty with pay. ARTICLE 2 - UNION MEMBERSHIP & DUES Section 2.1 – Union Membership The Port agrees to notify the Union of any new employees employed in classifications covered by this Agreement within five (5) days business days from date of hire. A Union member or voluntary financial supporter of the Union may cancel their payroll deduction authorization in accordance with the terms of the Union’s payroll deduction authorization form by giving written notification to the Union. If the Union receives such written notification, confirmation will promptly be sent to the Port by the Union when the terms of the employee’s signed payroll deduction authorization form regarding cancellation have been met. The Port will make an effort to end the automatic dues deduction effective the first pay period but no later than the second pay period after receipt of the written cancellation notice. 4 Section 2.2 – Dues Deduction The Port 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 behalf of the members involved. If a deduction error is identified, the error will be addressed as soon as practicable. 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 of any collection of dues for the Union. The Union agrees to refund to the Port any amounts paid to it in error on account of the collection provision upon presentation of proper evidence thereof. 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 behalf of, or membership in, the Union. Section 3.2 – Equal Employment Opportunity The Port and the Union will not tolerate Discrimination against any persons on the grounds of age, race, color, national origin/ancestry, ethnicity, religion, disability, Family Medical Leave Act (FMLA) use, pregnancy, sex/gender, sexual orientation, whistleblower status, military affiliation, marital status, worker’s compensation use, transgender status, political beliefs, or any other protected status as guaranteed by local, state, and federal laws. Section 3.3 – Affirmative Action The Port of Seattle (Fire Department), is a non-exempt Government Contractor subject to the requirements of Executive Order 11246, as amended and its implementing regulations at 41 CFR Chapter 60. The Port of Seattle Fire Department’s commitment to Equal Opportunity and Affirmative Action covers all phases, terms and conditions of employment 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 5 convenient location, accessible to employees. Section 4.2 – Visitation Rights Authorized representatives of the Union shall be allowed reasonable access to visit work locations of the 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 of Federal or State Regulations and Statutes. Section 4.3 – Leave The employer shall make available to the Union a total of 144 hours of paid 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 Chief no more than ninety (90) days in advance with two (2) minimum days’ notice. Only two persons 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 of request. ARTICLE 5 - MANAGEMENT RIGHTS Section 5.1 – Summary The Union recognizes the prerogatives of the Port to operate and manage its affairs in all respects in accordance with its responsibilities and powers of authority. The Port reserves any and all exclusive rights concerning the Management and operation of the Department, except as specifically limited in the agreement. In exercise of such 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 concurrence of the Union. Section 5.2 – Specific and Exclusive Management Rights Subject to the provisions of this agreement, the Port reserves the right: a. To recruit, assign, transfer, or promote members to positions within the Department, including the assignment of employees 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 of work; d. To determine the keeping of records; e. To determine the job content and/or job duties of employees, with the condition 6 that job content and job duties are consistent with generally recognized Department functions; f. To determine methods, processes, means, and personnel necessary for providing service and Departmental 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 of equipment; 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 manner most advantageous to the Department and consistent with requirements of municipal employment and public safety, subject to the provisions of this Agreement; i. To take whatever actions are necessary in emergencies in order to assure the proper functioning of the Department; 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 parties 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 Department 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 parties 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 or as needed 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. 7 Section 6.2 – Accident Review/Safety Committee There shall be an Accident Review/Safety Committee established and maintained as defined in the Firefighters Safety Standards of Washington State and will be led by the Training Division and comprised of the Battalion Chief of Training, one Captain, one Management Representative and two (2) of the four shift safety representatives. All members assigned to the Accident Review Committee shall be properly trained (i.e., L&I Accident Investigation Training) prior to conducting an accident investigation. No member on the Accident Review Committee shall be on the same shift, division, or supervise the member involved in the accident. The accident review committee shall conduct a no-fault accident review and submit their findings to the Fire Chief. 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. Entry level Employees 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. Lateral employees with the same seniority date shall be assigned to the seniority list in order of their final score ranking in the internal Port of Seattle Fire Department Academy. If a lateral employee is hired on the same date as an entry level employee, seniority shall be given to the lateral employee in recognition of their previous completion of the Recruit Academy and immediate entry into the workforce. 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 Port agrees to notify an employee a minimum of thirty (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 thirty-six (36) 8 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 of the employee to keep the Port informed of a current 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 course offered by the Department 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 current seniority list. This list shall be used whenever called for by specific articles and sections of this agreement. 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 5 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 Procedure The parties agree that discipline is a command function and that the Fire Department may institute 9 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 5 below. Additionally, the Union and the Port agree that abuses of the 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 - Workplace Responsibility Investigations: Prior to a Loudermill meeting, the IAFF may request a copy of the Workplace Responsibility investigative report and the Workplace Responsibility investigator’s interview notes that resulted in sustained findings against the IAFF member that will be used for disciplinary purposes, provided the investigation commenced on or after January 1, 2021. The Port will provide an unredacted copy of the Workplace Responsibility report to an authorized IAFF representative unless prohibited by law. The Port will also provide a copy of the interview notes unless the Port has concerns regarding the release of the interview notes; in such case, the parties will promptly confer and attempt to resolve the Port’s concerns. Each party expressly reserves its legal rights. This provision is not intended to be a waiver of a request for bargaining information or any other rights pursuant to RCW 41.56 or other law. The IAFF agrees to exercise due care in sharing witness information, including witness identities and statements, and to only use or disclose such information as necessary to carry out its representational duties. Section 10.5 – Probationary Employees It is recognized that Firefighters are on probationary status for one year from date of hire. The probationary period may be extended at the discretion of the Fire Chief for the same length of time as the probationary employee has been absent due to bona fide illness or other legitimate reason. The probationary employee shall maintain his/her probationary rate of pay until the employee has successfully completed the probationary period. 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. Captains and Battalion Chiefs are on probationary status for one year from date of promotion. The probationary period may be extended at the discretion of the Fire Chief for the same length of time as the probationary employee has been absent due to bona fide illness or other legitimate reason. Captains and Battalion Chiefs promoted from within the bargaining unit who have not successfully completed the probationary period shall be demoted to the position previously held by the employee within the bargaining unit. Captains and Battalion Chiefs appointed from outside the bargaining unit who have not successfully completed the probationary period shall be terminated without recourse to the grievance procedure. 10 Section 10.6 – 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 parties 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 Department. 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. ARTICLE 12 – DAY SHIFT ASSIGNMENTS, SELECTION PROCESS, TEMPORARY ASSIGNMENTS, TEMPORARY APPOINTMENTS, AND ADJUSTED WORK SCHEDULE Section 12.1 -Day Shift Assignments a. Day shift assignments will be determined by Management. b. It should be 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. c. 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 fourteen (14) calendar 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 (1) year prior to the transfer to the position. An employee who has fulfilled their commitment and is seeking to vacate a position with specialized requirements may be required to remain in the position for up to ninety (90) calendar days while a replacement is trained to competently perform the duties. d. 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. e. Attempts will be made to provide notice of the available assignments to all bargaining unit personnel on authorized leave of more 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. f. 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 11 after the initial posting. g. 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. h. Applicants for available firefighter positions must be Firefighter A by the date of appointment to said Position to be qualified for assignments. i. Individuals transferred to such day shift assignments serve at the discretion of management. The term of a day shift assignment will depend on the position, personal expertise, additional educational opportunities provided and normally would be for a period of two (2) or four (4) years at the discretion of the employee. An individual can serve additional consecutive terms subject to Management’s approval, but must reapply via transfer request at the end of each four (4) year term. (See Appendix A, Pay Rates, 4(c)). j. Management will interview applicants prior to a final decision. Mangement will give priority to longer duration in assignment for those employees that are performing at a high level and desire extended time in the position. Each position and situation will be evaluated on the basis of performance, skill, individual desire and department needs. k. When applicants are considered equal in all aspects under consideration for the specific job assignment, the person currently in the position will have priority based upon performance, skill and the employee’s desire to extend the assignment. If the position is being vacated and all things are equal amongst applicants, seniority will have priority. For this purpose, seniority shall be considered as time in rank. Section 12.2 – 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 if s/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 of the multiple applicants, the incumbent shall be selected provided that: 1. The incumbent reapplied for the position ; 2. The incumbent possesses the requisite skills and continues to add value in the position; and 3. 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 the rank of Firefighter “A” and the selection will apply the criteria that no one will be required to serve twice until all have served once. Section 12.3 – Temporary Assignments 12 A temporary assignment is defined as a period of not 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 Department business and employee welfare. c. Temporary assignments shall not be used in lieu of hiring Full Time Employees. Section 12.4 – 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 12.3. Temporary appointments shall not be used in lieu of promoting from the current eligibility list. Section 12.5 – Adjusted Work Schedule For assignments less than forty-five (45) calendar days, Management upon at least five (5) days advance written notice to the employee with a copy to the Union, can 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. ARTICLE 13 - GRIEVANCE PROCEDURE Section 13.1 - Grievance Defined The purpose of this Grievance Procedure is to establish an effective process for the fair, expeditious, and orderly adjustment of grievances. 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 of this grievance procedure. Section 13.2 - Time Limits 13 Except as otherwise provided in this paragraph, the Employee or the Union shall have no more than thirty (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 of a pay-roll issue, the time limitation shall be established as thirty (30) calendar days from the letter date the grievance party became AWARE of the 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 Chief or appropriate management representative. Section 13.3 - 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 of command within the Fire Department. Section 13.4 - Grievance Procedure STEP 1 If the grievance is not resolved informally, the affected employee shall present the grievance to the Union to determine if the grievance shall proceed through the grievance procedure. If the Union finds that the grievance has merit, the 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 of the grievance and the facts upon which it is based, 2. The alleged violation of the agreement, 3. The remedy or adjustment sought, 4. The signature of the aggrieved employee or the Union. Unless the previous conditions are met, the grievance shall not be accepted. 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: 1. An affirmation or denial of the facts upon which the grievance is based. 2. An analysis of the alleged violation of the agreement 3. The remedy or adjustment, if any, to be made. 4. The signature of the employee’s supervisor or management representative. STEP 2 If the grievance cannot be resolved at Step 1, it shall be referred in writing to the Fire Chief within (10) ten calendar days after the designated supervisor’s answer in Step 1. The Fire Chief, or his/her representative, shall discuss the grievance within ten (10) calendar days with the Union representative at a time mutually agreeable to the parties. If the 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’s 14 written answer to the Union within ten (10) calendar days following the meeting. STEP 3 If the grievance cannot be resolved at Step 2, it shall be referred in writing to the Fire Chief and the Port's Labor Relations representative within ten (10) calendar days after the Fire Chief’s answer in Step 2. The Port’s Labor Relations representative shall attempt to resolve it and provide a written response within ten (10) 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 (10) calendar days after receipt of the Port’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 of arbitrators or receive the assignment of an arbitrator. If the receipt of a list is selected, within ten (10) calendar days after receipt of the 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 parties 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. The Port and the Union shall share equally the fees and expenses of the arbitrator. Each party shall bear its own costs of presenting grievances and/or arbitrations under this agreement including attorney’s fees. ARTICLE 14 - POLICY AND PROCEDURES The Union agrees that its members shall comply with all Fire Department 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 15 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 Captains and Firefighters assigned to a twenty-four (24) hour duty shift will be required to work nine (9) Debit Days per calendar year. Battalion Chiefs assigned to a twenty-four (24) hour duty shift will be required to pay back two hundred sixteen hours (216) hours of debit time per calendar year pursuant to Policy No. 108. All suppression Debit hours will be tracked through Tele-Staff. a. No member shall work in excess of seventy-two (72) hours in any position without a minimum break of twelve (12) hours; except in unusual emergency situations and only with the approval of the Fire Chief or 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 of overtime. c. When Debit Day schedules must be changed to minimize overtime, 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. Up to forty-eight (48) debit hours per year may be substituted for required training (e.g., Dallas Forth Worth, San Bernardino, Salt Lake City, etc.) pursuant to FAA regulations at the discretion of the Fire Chief or designee. No more than two (2) separate training days shall be scheduled in exchange for forty-eight (48) debit hours unless agreed upon by the Labor Management Committee. 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 4/10 day shift, shall be established in Fire Department Policy. b. When emergency conditions exist, the Port may change starting and stopping times. The Port will notify the Union as soon as feasible under the circumstances. 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 of injury or illness. All light duty assignments may be extended beyond the six (6) month period on a case-by-case basis at the discretion of the Fire Chief. 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 non-duty 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 16 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 (1½) for work performed over and above a full-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 overtime rate (1 ½) 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 overtime compensation be duplicated or pyramided. Section 15.6 – Trading Days Off When an employee wishes to trade work time with another employee, such trading of work time shall be subject to approval of the On Duty Battalion Chief. Reference : Policy #205, Appendix III. When one employee voluntarily trades shifts with another, the number of hours worked w ill 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 Chief or 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 If an employee is called back to work outside of his/her normal schedule, such employee shall receive a minimum of four (4) hours compensation at the overtime rate. The number of hours the employee is called back to work shall be at the discretion of the Battalion Chief. The four (4) hour minimum does not apply to shift extension. a. For pre-scheduled call back assignments outside of the employee’s regular work 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 report and the distance s/he will need to travel. Section 15.9 – Calculations of Hourly Rates 17 When calculating the hourly base rate of pay which shall apply to said excess hours of work, the established monthly salary of Firefighters shall be multiplied by twelve (12) to obtain the annual salary which shall then be calculated in the following manner: a. 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). b. 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 Port. Port compensation for service as a subpoenaed witness on Port-related cases only applies to absence from regularly scheduled work hours and does not apply to individual members brining suit against the Port. Section 16.2 – Limited Overtime Conditions Employees serving as a subpoenaed witness of a Port-related case will be compensated at the overtime 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 – Schedule Adjustment In accordance with Section 12.5, 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. 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 of this Section, the definition of immediate family member shall conform to local, state, and federal law. 18 Departmental management may require a health care provider’s statement to justify the use of sick leave and/or to determine that an employee’s return from absence due to illness or injury is sanctioned by the attending health care provider, to the extent provided by law. Nothing herein shall undermine the right of the 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 connection 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 Port 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 of a 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 of sick 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 of employment. Sick leave accruals may be used following 30 days of continuous employment. d. Sick Leave for employees hired after January 1, 2005 may be accumulated up to 1,440 hours. The Port will continue to identify the portion of accrued sick leave that is available for use according to the minimum requirements of the Washington Paid Sick Leave Law on each employee’s paycheck (e.g., one hour of accrued sick leave for each 40 hours worked by eligible employees). This is not an additional accrual amount. It is a designation of a portion of current accrual amounts. Employees shall be entitled to carryover no more than forty (40) hours of Washington Paid Sick Leave into the following year, provided that any amount over the maximum will be maintained as general sick leave available for use under the terms of this Agreement. 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% of their unused sick leave. 19 Section 17.4 – Disability, 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 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 (1) insured non-duty disability benefits from the WSCFF/Standard disability program and (2) employer provided paid leave, shall be required to promptly remit payment of any 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’s rate of pay. Employees will not be able to buy-back more leave than what was used while on such non-duty disability. Section 17.5 – Extended Coverage, LEOFF, Plan II, (Duty Disability) 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 of the 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-Duty Disability) 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 of injury or illness subject to the following conditions: a. Such employee(s) will be required, at the request of the employer any time during the disability, to be available for periodic medical examinations by a physician selected by the Port; and, 20 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 17.7 – Family Medical Leave Act (FMLA) and Family Care Act (FCA) An employee will be permitted to use accrued time off when on leave as provided by the FMLA and FCA while adhering to the Port of Seattle Policy. The Port shall comply with the requirements of the Washington Paid Family and Medical Leave Act and shall have full discretion on meeting those requirements (e.g. Voluntary Plan), which shall not be subject to the grievance procedure or to any other provision of this Agreement or to negotiation by the Union. However, the Port agrees to provide to the Union advance notice of how the Port intends to comply, and when and if there are any changes. Effective upon ratification between the parties and the execution of the agreement, the Port will pay the employee portion of the premium associated with this provision. Section 17.8 – Shared Leave On a voluntary basis and in accordance with procedures outlined in Port 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 – Attendance 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 of this provision, any absence except the following will disqualify an employee from the attendance incentive, i.e., absences as a result of: 1) Vacation (Article 19) 2) Holidays (Article 20) 3) Bereavement Leave (Article 21) 4) Military Leave (Article 24) 21 5) Jury Duty (Article 16) 6) Subpoenaed Witness Service on a Port related case (Article 16) 7) Time Off for Appointments (Article 22) 8) FMLA Leave (Article 17) 9) Effective January 1, 2018, the first .025 per hour worked of paid sick leave. 10) Other leave as protected by law b. A qualifying year, for the purposes of the attendance incentive, will be accounted for on an individual basis. The year will be measured starting on the first of the calendar month following the date the last disqualifying employee absence occurs until the first of the calendar month one year later. c. The employee will be paid their incentive within a reasonable time following their qualifying year. d. The Fire Department logbook and payroll hours will be used to determine eligibility. Section 17.10 – Medical Savings Account Either party may request to open the agreement with respect to medical savings accounts (e.g. VEBA). ARTICLE 18 – PAID PARENTAL LEAVE The Port shall provide Paid Parental Leave to members of this bargaining unit. Eligibility, participation and terms of the Paid Parental Leave shall be as provided to non-represented employees as outlined in Port policy HR-5. The Port may change or modify its paid parental leave policy and/or procedure. If the Port desires a change/modification, the Port agrees to provide the Union with advance notice of any change. ARTICLE 19 - VACATION Section 19.1 – Rates of Accrual Vacation 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 – 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 thirty-sixth (36th) full month of continuous employment, employees shall accrue vacation as follows: Day shift personnel = .0468 hours per straight-time hour paid (.049 x 2,080 annual hours = 102 hours or 12.75 shifts) 22 24-Hour personnel = 10 hours per month (10 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 ½ shifts) c. After the completion of eleven (11) years of continuous employment starting with the one hundred thirty-third (133rd) full month, employees shall accrue vacation as follows: Day shift personnel = .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 10 shifts) d. After the completion of fifteen (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 personnel = 24 hours per month (24 hours x 12 months = 288 hours or 12 shifts) Section 19.2 – 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 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. Effective one hundred eighty days(180) after the ratification of the agreement, employees may cash-out vacation time in accordance with the standards and procedures that are in effect as of September 1, 2017 for the cash out of paid time off (PTO) as applied to non-represented employees. The Union shall be notified in advance of changes to the limits and procedures affecting PTO cash out and provided the opportunity upon request to bargain pursuant to RCW 41.56. 23 Management shall be responsible for encouraging and allowing proper scheduling for employees taking annual leave in order to avoid any forfeiture of vacation leave. Section 19.3 – Scheduling of Vacation 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 19.4 – 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 20 - HOLIDAYS Section 20.1 – Designated Holidays and Eligibility The following holidays shall be granted with pay limited to all DAY shift firefighters: Holiday Normal Date of Observance New Year’s Day January 1 Martin Luther King Third Monday of January Jr. Day Washington’s Third Monday of February Birthday Memorial Day Last Monday in May Juneteenth June 19 Independence Day July 4 Labor Day First Monday of September Thanksgiving Day Fourth Thursday of November Day after Fourth Friday of November Thanksgiving Christmas Day December 25 24 Four (4)Three (3) 2 Port-designated Floating Holidays 2 1 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 of the employee and the requirements of the Department. Members assigned to day shift during the first quarter of the year and expected to be assigned for at least the duration of the year shall be eligible for all four floating holidays Members assigned to day shift after the first half of 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 of floating holidays. It is not the intent of this language to work any Port employee on a Port designated holiday. Section 20.2 – Overtime Application In addition to eight (8) or ten (10) hours holiday pay, Day shift firefighters who work on the holiday will also receive time and one-half for hours worked. Section 20.3 – 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 20.4 – 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 of employment. An employee shall receive no extra pay for not taking a personal holiday, unless directed by the Fire Chief to work on the day scheduled and no other day off can 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.) Section 20.5 –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 21 - BEREAVEMENT/EMERGENCY LEAVE 25 Section 21.1 – Bereavement Leave At the discretion of the 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 of a member of their immediate family. Individual circumstances such as the distance to the funeral and the extent of employee involvement with the arrangements for the deceased shall be considered in determining the number of days to be granted an employee. For the purposes of this Section, immediate family is defined as: the employee’s spouse or domestic partner; the employee’s (or employee’s spouse or domestic partner’s) parents, child, sibling, grandparent, grandchild; or a sibling’s spouse or domestic partner, or as agreed to by the Fire Chief. Section 21.2 – Emergency Leave Emergency leave will be authorized in accordance with policy 205. ARTICLE 22 - 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 of two months prior to applying for time off. Members being transferred to day shift with prior appointments shall be given reasonable consideration. ARTICLE 23 - EDUCATIONAL REIMBURSEMENT Section 23.1 – Required Job-Related Course Work Requested by Department Management When directed by Departmental management, the cost of course work or training related specifically to improvement of job situation shall be paid for entirely by the Port. Section 23.2 – Employee Initiated Requests for Job-Related Course Work Upon completion of the probationary period, employees enrolled in training or course work 26 specifically related to improvement of job situations within the Department will be eligible for reimbursement of tuition 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’s expense claim form d. The reimbursement rate, limited to tuition only, is 50% for employees with seniority status up to four (4) years of continuous employment and 75% after four (4) years of continuous employment. e. Employees requesting outside training, securing expenditure of Port funds may, at the discretion of the Fire Chief, be required to reimburse the Port should they fail to attend. f. Subject to the other applicable provisions of this 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 24 - 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 25 - INSURANCE The following insurance is provided for LEOFF I and LEOFF II employees and for their dependents: Section 25.1 – Medical 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 HealthFirst Plan. Effective January 1, 2012, the employer will pay the full premium cost for the employee. Effective January 1, 2017, the employee will be responsible paying a portion of the premium for his/her spouse/partner and dependents as follows: a. Spouse or Partner - $67.07 per month b. First Child - $33.00 per month c. Second Child - $27.34 per month 27 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 of the Collective Bargaining Agreement. Northwest Fire Fighter Benefit Trust- Plan $100 Effective January 1, 2018, on the first of the month following the date of hire, all active full time, part time and other employees regularly scheduled to work twenty one (21) or more hours per week will receive insurance coverage for themselves, their spouse/partner, and eligible dependents on the Northwest Fire Fighters Benefit Trust 100 Health Plan. The employer will pay the full premium cost for the employee. Effective January 1, 2018, the employee will be responsible for paying a portion of the premium for his/her spouse/partner and dependents as follows: a. Employee Only - $00.00 b. Employee & Spouse/Partner - $64.06 c. Employee & Child - $34.19 d. Employee & Children - $52.18 e. Employee & Spouse/Partner & Child - $98.26 f. Employee & Spouse/Partner & Children - $116.25 Effective January 1, 2019 and for the term of the agreement, any increase in the annual medical premium rate will be added to the 2018 employee with dependents premium share contribution and shared by the employee with dependents and the Port in the following way: The Employee with dependents and the Port will contribute 50%-50% of the annual percentage increase up to an employee with dependents share of 10% of the total monthly base rate. For example, if the annual premium increase for 2019 is ten percent (10%), the 2019 premium sharing amounts will be increased by five percent (5.0%) as follows: a. Employee Only - $00.00 b. Employee & Spouse/Partner - $67.26 (64.06 x 1.05) c. Employee & Child - $35.90 (34.19 x 1.05) d. Employee & Children - $54.79 (52.18 x 1.05) e. Employee & Spouse/Partner & Child - $103.17 (98.26 X 1.05) f. Employee & Spouse/Partner & Children - $122.06 (116.25 X 1.05) Once the employee with dependents contribution has reached 10% of the total monthly base rate, future increases shall be split 10% by the employee with dependents and 90% by the Port for the duration of the agreement. Employee costs shall be by payroll deduction. Changes made by the Northwest Fire Fighters Benefits Trusts to the rates or benefits provided under the 100 Health Plan are not subject to negotiation during the term of the Collective Bargaining Agreement. 28 Northwest Fire Fighter Benefit Trust- Plan $1500 Effective January 1, 2023, on the first of the month following the date of hire, all active full time, part time and other employees regularly scheduled to work twenty-one (21) or more hours per week will receive insurance coverage for themselves, their spouse/partner, and eligible dependents on the Northwest Fire Fighters Benefit Trust 1500 Health Plan. The employer will pay the full premium cost for employee coverage. The employee will be responsible for paying 10% of the premium for his/her spouse/partner and dependents. Any increase in the annual medical premium rate for dependents exceeding 8% will be shared 50/50 by the employee with dependents and the Port for the term of the Agreement in addition to the premium paid by the employee. For example, if the Employee & Children total premium increases by more than 8%, the 90/10 premium share will apply to the dependent portion of the premium up to an 8% increase of that portion, and any dollar amount above that will be shared 50/50 for the term of the Agreement. For illustration: Year 1 Year 2 Employee Only Coverage $500 $550 Employee + Spouse $750 $825 Coverage In Year 2, the portion of the premium attributed to dependent coverage increases from $250 ($750-$500) to $275 ($825-$550). This is an increase of 10%. The dollar amount exceeding 8% is $5.00, which will be paid 50/50 by the Port and the employee paying $2.50 more each. Employee costs shall be by payroll deduction. Changes made by the Northwest Fire Fighters Benefits Trusts to the rates or benefits provided under the 1500 Health Plan are not subject to negotiation during the term of the Collective Bargaining Agreement. NWFFT Plan $1500 VEBA Effective January 1, 2023, each employee participating in the NWFFT Plan $1500 will have a VEBA account established in their name. The VEBA will be accessible after separation in accordance with IRS rules. Survivorship rights will be in accordance with IRS rules and the VEBA plan. The Port will cover the administrative cost of the VEBA account and in addition contribute the following annual amounts to enrolled employees’ VEBA. Employee Only $2000 Employee with Dependents $4000 The Port will make an annual contribution no later than the second pay cycle in January to each participating employees’ VEBA beginning in 2023 through the duration of the Agreement. 29 Employees joining the Fire Department in 2023 or later will receive a prorated contribution with the first contribution becoming effective the same month the employee becomes eligible for health insurance. For example, an employee who becomes eligible for health insurance in July will receive six months of the annual VEBA contribution. Annual VEBA contributions will be based on employee or dependent status of an employee enrolled in the $1500 Plan at the time of the VEBA contribution. VEBA contributions will not adjust mid-year in the event of dependent status changes. If a VEBA contribution will exceed any applicable IRS limit or trigger the Affordable Care Act excise tax, the parties agree to reopen this agreement to bargain avoiding the tax. If an employee separates service with the Port for any reason during the year, any VEBA amount paid for the month(s) in which the employee was not in paid status will be recovered from the employee’s final paycheck(s). For example, if employee an separates service on June 30, six (6) months of VEBA payments wil be recovered. If the employee separates on July 1, five (5) months of VEBA payments will be recovered. The parties agree that six months prior to the expiration of this Agreement, the Port may reopen this Agreement to discuss the timing of the Port’s method of funding of the VEBA contributions. Section 25.2 – 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. Effective January 1, 2018, bargaining unit members will be enrolled in the Northwest Fire Fighters Benefit Trust under Dental Plan 7. The employee will be responsible for paying a portion of the premium for his/her spouse/partner and dependents as follows: Employee Only $0 of total monthly premium Employee & Dependents 2.0% of total monthly premium Effective January 1, 2019, employee will be responsible for paying a portion of the premium for his/her spouse/partner and dependents as follows: Employee Only $0 of total monthly premium Employee & Dependents 4.0% of total monthly premium Effective January 1, 2020, and for the term of the agreement, the employee will be responsible for paying a portion of the premium for his/her spouse/partner and dependents as follows: Employee Only $0 of total monthly premium Employee & Dependents 6.0% of total monthly premium Premium increases that exceed eight percent (8.0%) each year will be paid at fifty percent (50%) 30 by the Port and fifty percent (50%) by the employee for the term of the agreement in addition to the premium paid by employees in the bargaining unit noted above. Employee costs shall be by payroll deduction. Changes made by the Northwest Fire Fighters Dental Trust to the rates or benefits provided under the Northwest Fire Fighters Dental Trust Plans are not subject to negotiation during the term of the Collective Bargaining Agreement. Section 25.3 – Life Insurance Life insurance for employees, their spouse/partner, and eligible dependents will be provided on the Association of Washington Cities Plan C. Section 25.4 – 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 25.5 – L.T.D. (Long Term Disability) The Union will provide Long Term Disability (LTD) coverage for employees covered under this Agreement, through the WSCFF Disability Program (underwritten by Standard Insurance Company), via Port payroll deduction from each employee’s second (2nd) 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 shortages 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. Section 25.6 – 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 of this agreement. b. The parties 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 of the good faith discussions contemplated above. Section 25.7 – Port of Seattle Firefighter’s Retirement Fund The Port agrees to sponsor the Port of Seattle Firefighter’s Retirement Fund, which will be directed by representative(s)s of the Port and UnionDeferred Compensation Administrative Committee, and to contribute the following: The above rate shall be one dollar and fifteen cents ($1.15) per hour worked. The Port shall contribute six and two tenths percent (6.2%) of the Taxable Wage Base on behalf 31 of the members of the 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 of this agreement, the Port’s percentage contributions to the Fund would change accordingly. Section 25.8 – Eye Care Coverage The Port shall pay up to twenty-five dollars ($25.00) towards the AWC Vision Service Plan (Premium, no deductible plan). Effective January 1, 2018, vVision coverage shall be provided under the Northwest Fire Fighters Benefit Trust plan as provided in Section 2425.1. Section 25.9 – 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 (MERP) at a contribution rate of seventy five dollars ($75.00) per month to be deducted from each employee’s first monthly paycheck. Effective January 1, 2023, the employee contribution will increase to one hundred dollars ($100) per month and the Port agrees to add a pre-tax employer contribution of one hundred dollars ($100) per month for each full-time non-probationary employee. All of the Port’s contributions to the Trust are mandatory salary reduction contributions to be used solely for the purpose of providing health benefits that qualify for exclusion under IRC Section 106 and shall not constitute wages or salary for the purpose of determining any other benefit, including retirement benefits, disability benefits, or life insurance covered amounts. Covered employees may not elect to receive any portion 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 employee share of the contribution rate annually, and shall communicate any adjustment to the Port by December 1st for the following year. All members of International Association of Firefighters, Local No. 1257 who have participated in the Washington State Council of Firefighters Medical Expense Reimbursement Plan for not less than one (1) month, prior to being promoted 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 Parties understand that extension of MERP participation to formerly-represented employees under this Section 24.1025.9 shall not be construed to affect any other benefit described in the Agreement. 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 further understand that a promoted or reassigned employee described in this Section shall not have the option to elect in or out of the MERP. 32 This Trust shall remain separate and apart 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 Parties from negotiations of this Section. The Parties agree that only eligible, active employees may contribute to the Trust, receive Port contributions, 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 26 - UNIFORMS AND PROTECTIVE CLOTHING Section 26.1 – Provision of Uniform and Protective Clothing All uniforms as required by the Port of Seattle Fire Department 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 26.2 – Components Provided Upon Retirement Upon retirement an employee will be provided components of their personal protective equipment, which will include their structural helmet, leather boots, badges, and structural gloves. Effective upon ratification between the parties and execution, add Class A Uniform and Bunker Gear to this list. The bunker gear will be cleaned and decontaminated prior to being provided to the employee at retirement. ARTICLE 27 - PHYSICAL FITNESS PROGRAM All employees shall participate in the established, mutually agreed upon, mandatory Fire Department 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 28 – PHYSICAL CAPACITY EVALUATIONS REQUIREMENTS A physical capacity evaluation (PCE) is defined in WAC 296-23-220 as “a performance-based 33 evaluation that assesses worker’s physical functions and relates these to performance potential for work-related activity. Evaluations are conducted by a licensed physical or occupational therapist.” The Port may require a PCE in a return-to-work case if the treating doctor is reluctant to provide authorization for a full release after the job analysis has been reviewed. The Port’s Workers Compensation Program will be responsible for scheduling of all PCEs. The Fire Department will be responsible for all costs related to the PCE. ARTICLE 29 - 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 part of provision to the degree possible to comply with law. ARTICLE 30 - 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 of the plan itself, plan administration, and any determinations made under the plan shall not be subject to the Grievance Procedure (Article 13) or to any other provisions of this Labor Agreement or to negotiation by the Union. ARTICLE 31 - CHANGES IN WORKING CONDITIONS The Port 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 of applicable state law. ARTICLE 32 - 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 parties 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. 34 ARTICLE 33 - 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. ARTICLE 34 - STAFFING AID CAR AND DRIVERS Section 34.1 – 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. If the 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 current 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 re-certify after taking the basic EMT course will be cause for termination. d. Employees in the bargaining unit who have completed their thirtieth (30th) year of service prior to January 1, 2018, may “opt-out” of the EMT Aid Car rotation, but must maintain his/her EMT certification and has had at least one rotation on the Engine during the last calendar year. All employees who have completed their thirtieth (30th) year of service after January 1, 2018, shall participate in the EMT Aid Car rotation and must maintain his/her EMT certification. Rotation is defined as an average, continuous month-long assignment to the Engine either as driver, nozzle, or hydrant position on the employee’s home shift. Section 34.2 – 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 certified drivers on duty. 35 ARTICLE 35 – 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. a. 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. b. Completion of the first year or step-1 of the JATC program shall be a performance requirement for Probationary Firefighters. Probation shall be extended for special circumstances that cause delays in completion of step-1, including but not limited to time off for injury/illness, time to complete EMT certification, time for military leave, and reasons mutually agreed upon by the Union and Employer. c. Completion of the JATC program shall be a work performance requirement, not to exceed three (3) years. Extension of the 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. d. 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. e. It shall be the policy of the Employer to provide or make available supplemental instruction, as required by the Apprenticeship Agreement, to apprentice Firefighters on-duty when possible. If the Employer is unable to provide the apprentice with supplemental instruction on-duty, the apprentice shall seek out collegiate courses via internet (on-line) or via thumb-drive technology. In the event that these options are unavailable, the Employer agrees to provide relief from duty to attend such supplemental instruction f. 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. 36 g. The Employer will furnish transportation to attend supplemental instruction when available, or provide mileage allowance as outlined in Port policy. h. 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. ARTICLE 36 - 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, 20212024. 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___. _____________________________________________ Stephen Metruck Executive Director Port of Seattle _____________________________________________ Chris Nuttall, President International Association of Firefighters, Local 1257 _____________________________________________ Randy Krause, Fire Chief Port of Seattle 37 APPENDIX A PAY RATES 1. WAGES A. (1) Base Rates January 1, 20212022 Effective January 1, 20212022, monthly wage rates shall be as follows, reflecting an increase to the base hourly wage rate of Firefighter “A” of 6.5%: Base Rate 5.5%/5.96%* 9% 15% Holiday Work Schedule Work Schedule (Suppression) (Day Shift Two (Day Shift Four Years) Years) Battalion Chief N/A N/A 11,959.00 12,617.00 12,672.00* Day Shift Battalion Chief N/A (Administrative, 11,326.00 12,345.00 13,025.00 Prevention, and Training ) Captain (Shift) 10,226.00 10,788.00 10,835.00* Captain (Day) 10,226.00 10,788.00 11,146.00 11,760.00 10,835.00* Firefighter Mech. (Day) N/A N/A 10,833.00 11,808.00 Firefighter “A” 8,666.00 9,143.00 9,446.00 9,966.00 9,182.00* Firefighter “B” 7,799.00 8,228.00 8,501.00 8,969.00 8,264.00* Firefighter “C” 7,106.00 7,497.00 7,746.00 8,172.00 7,530.00* 38 Firefighter “D” 7,179.00 N/A 6,586.00 6,948.00 6,979.00* Firefighter “E” 6,731.00 N/A 6,175.00 N/A Alarm Insp. N/A N/A 8,666.00 9.446.00 *Shift Holiday rate of 5.96% for addition of Juneteenth Holiday effective June 10, 2021 – Memorandum of Understanding dated June 10, 2021. A. (2) Base Rates – December 31, 2021 Effective December 31, 2021, at 11:59 p.m., monthly wage rates shall be as follows: Base Rate 5.96% 9% 15% Holiday Work Schedule Work Schedule (Suppression) (Day Shift Two (Day Shift Four Years) Years) Battalion Chief N/A N/A (Shift) 12,151.00 12,875.00 12,940.00 13,711.00 Day Shift Battalion Chief N/A (Administrative, 11,507.00 12,543.00 13,233.00 Prevention, and 12,255.00 13,358.00 14,093.00 Training ) Captain (Day) 10,390.00 N/A 11,325.00 11,949.00 11,065.00 12,061.00 12,725.00 Captain (Shift) 10,390.00 11,009.00 N/A N/A 11,065.00 11,724.00 Firefighter Mech. (Day) N/A N/A 11,006.00 11,997.00 11,721.00 12,776.00 39 Firefighter “A” 8,805.00 9,330.00 9,597.00 10,126.00 9,377.00 9,936.00 10,221.00 10,784.00 Firefighter “B” 7,925.00 8,397.00 8.638.00 9,114.00 8,439.00 8,942.00 9,199.00 9,705.00 Firefighter “C” 7,220.00 7,650.00 7,870.00 8,303.00 7,689.00 8,147.00 8,381.00 8,842.00 Firefighter “D” 6,692.00 . N/A 7,127.00 7,091.00 7,294.00 7,552.00 7,768.00 Firefighter “E” N/A N/A 6,274.00 6,839.00 6,681.00 Alarm Insp. N/A N/A 8,805.00 9,597.00 9,377.00 10,221.00 B. General Wage Increases Effective January 1, 20202022, the base hourly wage rate of Firefighter “A” will be increased by an amount equal to one hundred percent (100%) of the Seattle/Tacoma/Bremerton CPI-U (All Urban Consumers), August to August, with a zero percent (0%) minimum and a six percent (6%) maximum6.5%. In addition, Captains and Battalion Chiefs shall receive an additional one percent (1.0%) increase of the Firefighter “A” base rate of pay (differential). Effective January 1, 20212023, the base hourly wage rate of Firefighter “A” will be increased by an amount equal to one hundred percent (100%) of the Seattle/Tacoma/Bremerton Bellevue CPIU (All Urban Consumers), August 2019 2021 to August 20202022, with a zero percent (0%) minimum and a six percent (6%) maximum. (2021 = 1.6%). Effective January 1, 2024, the base hourly wage rate of Firefighter “A” will be increased by an amount equal to one hundred percent (100%) of the Seattle/Tacoma/Bellevue CPI-U (All Urban Consumers), August 2022 to August 2023, with a zero percent (0%) minimum and a six percent (6%) maximum. In consideration of the financial impacts of the 2020 global pandemic to the Port of 40 Seattle, the union agrees to postpone the effective date of the 2021 wage increase to 11:59 p.m. on December 31, 2021. C. Base Wage Rate Adjustments Effective 1/1/2020, Day Shift Battalion Chief Base Rate: Shall be 130.69% of Firefighter “A” base rate. Effective 1/1/2023, the Day Shift Battalion Chief Base Rate: Shall be 138% of Firefighter “A” base rate. Effective 1/1/2020, Battalion Chief Base Rate: Shall be 138% of Firefighter “A” base rate. Firefighter/Mechanic Base Rate: Shall be 125% of Firefighter “A” base rate.. Effective 1/1/2020, Captain Base Rate: Shall be 118% of Firefighter “A” base rate. Alarm Inspector Base Rate: Shall be 100% of Firefighter “A” base rate. Firefighter “B” Base Rate: Shall be 90.83% of Firefighter “A” base rate. For Firefighters hired on or after July 3, 2014: Firefighter “B” Base Rate: Shall be 90% of Firefighter “A” base rate. Firefighter “C” Base Rate: Shall be 83.82% of Firefighter “A” base rate. For Firefighters hired on or after July 3, 2014: Firefighter “C” Base Rate: Shall be 82% of Firefighter “A” base rate. Firefighter “D” Base Rate: Shall be 78.73% of Firefighter “A” base rate. For Firefighters hired on or after July 3, 2014: Firefighter “D” Base Rate: Shall be 76% of Firefighter “A” base rate. Firefighter “E” Base Rate: Shall be 74.65% of Firefighter “A” base rate. For firefighters hired on or after July 3, 2014: Firefighter “E” Base Rate: Shall be 71.25% of Firefighter “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. 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 41 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 of adopted training performance standards and the recommendation of their supervisor is required for all employees. Lateral firefighters will be hired into the Firefighter “C” classification at 82% of Firefighter “A” base rate. The lateral firefighter will be eligible to progress to the “Firefighter B” and “Firefighter A” Classification in accordance with the preceding 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 of pay equal to the current rate in effect for that position plus a longevity adjustment equivalent to the following: 5 – 9 years 2% of Firefighter “A” base rate 10 – 14 years 4% of Firefighter “A” base rate 15 – 19 years 6% of Firefighter “A” base rate 20 – 24 years 8% of Firefighter “A” base rate 25 – 29 years 10% of Firefighter “A” base rate 30 plus years 12% of Firefighter “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%5.96% of said employee’s rate during such assignment. This 5.5%5.96% differential is in lieu of days off for holidays. The 5.5% differential will increase to 5.96% with the addition of the Juneteenth holiday effective June 10, 2021. (See Memorandum of Understanding on the Juneteenth holiday). b. Work Schedule Differential for Employees Regularly Assigned to a Day Shift Schedule: An employee regularly assigned to a day shift schedule shall receive a differential of 9% of said employee’s rate. 42 c. Work Schedule Differential for Rotational Day Shift Employees: 1) The first two-year term: 9% of said employee’s rate. 2) The second consecutive two-year term: 15% of said employee’s rate 3) Members can request a four-year assignment on initial transfer at 15% of said employee’s rate. 4) Those who are presently serving 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, the incumbent can reapply for the position and will be given consideration over other candidates. If no other employees apply for the position, the current member may stay for another term if they choose and management approves, 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: 1) Newly hired Firefighters in training. 2) Employees assigned to day shift for light duty or accommodation. 3) Employees who voluntarily agree to adjusted schedules related to training opportunities or jury duty in accordance with Article 12.5. e. Premium for “Emergency Medical Technician” (EMT) / D-FIB Assignment: 1) A qualified Firefighter assigned to Emergency Medical Technician duty for one (1) hour or more shall receive a premium equivalent to 7% of said employee’s rate for each hour worked on such assignment. 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’s rate for each hour worked on such assignment. 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 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 Suppression Firefighters 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 of the fourth shift of such absence. Captains may receive pay for both Haz-Mat and Tech/Rope Rescue. Captains and Dayshift Firefighters are eligible to maintain their certification and be compensated without impacting the total number. Rotating back to shift will not affect the total number of 34 noted in this section above. g. Medicare Exemption Premium: Effective March 2, 1997, the Port will pay an amount equal to 1.45% of the employees’ Taxable Wage Base to employees hired prior to April 1, 1986. This payment represents the money’s formerly 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 its members from Social Security and Medicare coverage. Such payment will be 43 considered supplemental, and will not be considered part 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 portions 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 position 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/engineer positions on each shift will be allocated on the basis of the operational needs of the Fire Department as determined by the Fire Chief. i. Technical/Rope Rescue: Firefighters assigned to Technical/Rope rescue will receive a premium pay of +2%. Sixteen (16) Suppression 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. Captains and Dayshift Firefighters are eligible to maintain their certification and be compensated without impacting the total number. Rotating back to shift will not affect the total number of 16 noted in this section above. j. Out of Classification Pay: 1. 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, of the Captain classification for the hours worked at the hourly rate. 2. 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 1, 2005, employees shall be paid on a biweekly basis. l. Education Premium: Employees who have earned a degree from an accred ited college primarily through classroom-based study will receive a differential as set forth 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 of the Fire Chief. 1) Associates Degree – 2% 2) Fire Service Associates Degree – 3% 3) Bachelor of Arts or Science Degree – 4% 4) Masters Degree – 6% m. Mandatory Direct Deposit: As a condition of continued employment, all employees 44 are required to participate in the Port’s direct deposit program for payroll purposes. n. Self-Contained Breathing Apparatus: Effective upon ratification between the parties, aA two percent (2.0%) premium incentive pay will be provided to one Self-Contained Breathing Apparatus (SCBA) Technician based on the Firefighter “A” base rate. The Firefighter assigned will be required to obtain certification as a breathing apparatus technician. The certification requirements as provided in WAC 296-842-17015 will be as follows: The technician must obtain and maintain SCBA certification, as mandated by WAC/OSHA and provided by the appropriate SCBA manufacturer. Technicians must be willing and able to become certified in any SCBA equipment at the level and manufacturer as specified by the POSFD. Technicians must also re-certify in accordance with WAC/OSHA and the manufacturer in order to maintain the certification. 45 APPENDIX B 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 of substance 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 of the Department is unacceptable and censurable conduct worthy of strong 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 of what 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 of a urine sample will be done in private. 4. Obtaining of urine samples shall be conducted in a professional and dignified manner. 46 5. A portion of urine 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 of mutual choice. The exercise of this discretion by the Department shall be deemed a term and condition of such employee’s period of entry-level probation, and need not be supported by any showing of cause. 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 of the Department: 1. It is recognized that the Employer has the right to request the laboratory personnel 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 condition 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). If at 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 if required by the Union. 5. All samples which test negative on either the initial test or the GC/MS 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 quantitative 47 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 certifying scientists or laboratory director and certified 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. If taken 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 manner 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. If the sample is taken at a location other than the testing laboratory, it shall be placed in a transportation 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/mass 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 of proof. All positive test results must be reviewed by the certifying 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, 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 portions 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 48 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. If the sample tests are positive for any prohibited drug, the confirmatory test specified in Section (D) (4) of the appendix will be employed. 7. If the 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 of submitting the untested sample to a laboratory of mutual choice, at the Port’s expense. 8. Each step in the collecting and processing of the urine sample shall be documented to establish procedural integrity and a chain of evidence. AL sample deemed “positive” by the laboratory, according to the prescribed guidelines, must be retained, for identification purposes, at the laboratory for a period of six (6) months. f. Consequences of positive test results 1. An employee who tests positive shall have the right to challenge the accuracy of the 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 of employment. g. Employee rights 1. The employee shall have the right to a Union representative during any part of the drug testing process. 2. If at any point the results of the testing procedures specified in the appendix are negative, all further testing shall be discounted. The employee will be provided a copy of the results, and all other copies of the 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 of the 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 of the equipment used in the testing process, the qualifications of the laboratory personnel, the chain of custody of the specimen, and the accuracy rate of the laboratory. 49 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. 50 APPENDIX C SUBSTANCE ABUSE REHABILITATION If an employee comes forward requesting rehabilitation treatment for substance abuse, the employee will be referred to rehabilitation services. If the 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’s right to take disciplinary action for just cause. 51 APPENDIX D 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 participate 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 of the Port. 52
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