North Whatcom Fire & Rescue Services

COLLECTIVE BARGAINING AGREEMENT

Between

NORTH WHATCOM FIRE & RESCUE SERVICES

And

INTERNATIONAL ASSOCIATION OF

FIRE FIGHTERS, LOCAL 3867

2002-2005

TABLE OF CONTENTS

PREAMBLE 1

Section 1 1

ARTICLE 1. SCOPE OF AGREEMENT 1

Section 1.1. 1

Section 1.2. 1

ARTICLE 2. NON-DISCRIMINATION 1

Section 2.1 1

ARTICLE 3. MANAGEMENT RIGHTS 1

Section 3.1 1

Section 3.2 1

Section 3.3 2

Section 3.4 2

Section 3.5 2

ARTICLE 4. DISCIPLINE……………………………………………………………. 3

Section 4.1 3

Section 4.2 3

Section 4.3 3

Section 4.4 3

Section 4.5 3

ARTICLE 5. GRIEVANCE PROCEDURE 4

Section 5.1 4

Section 5.2 4

Section 5.3 5

Section 5.4 5

Section 5.5 5

Section 5.6 5

ARTICLE 6. WORK STOPPAGE 5

Section 6.1 5

Section 6.2 6

ARTICLE 7. DEFINITION OF SENIORITY 6

Section 7.1 6

Section 7.2 6

Section 7.3 6

ARTICLE 8. JOB VACANCIES 6

Section 8.1. 6

Section 8.2. 6

ARTICLE 9. REDUCTION IN FORCE 6

Section 9.1 6

Section 9.2 7

ARTICLE 10. RETURN TO DUTY 7

Section 10.1. 7

Section 10.2. 7

ARTICLE 11. WORK SCHEDULE 7

Section 11.1 7

Section 11.2 7

Section 11.3 7

Section 11.4 8

Section 11.5 8

Section 11.6 8

Section 11.7 8

article 11.a debit time.………………………………………………………….8

ARTICLE 12. OVERTIME PAY 9

Section 12.1 9

Section 12.2 9

ARTICLE 13. COMPENSATORY TIME 9

Section 13.1 9

Section 13.2 9

Section 13.3 10

Section 13.4 10

ARTICLE 14. CALL BACK TIME 10

Section 14.1 10

Section 14.2 10

Section 14.3 10

Section 14.4 10

Section 14.5 10

Section 14.6 11

Section 14.7 11

ARTICLE 15. VACATION 11

Section 15.1 11

Section 15.2 11

Section 15.3 11

ARTICLE 16. HOLIDAYS AND HOLIDAY PAY 12

Section 16.1 12

Section 16.2 13

Section 16.3 13

Section 16.4 13

ARTICLE 17. SAFETY COMMITTEE 13

Section 17.1 13

Section 17.2 13

ARTICLE 18. BEREAVEMENT LEAVE 13

Section 18.1 13

Section 18.2 14

Section 18.3 14

ARTICLE 19. SICK LEAVE 14

Section 19.1 14

Section 19.2 14

Section 19.3 14

Section 19.4 14

Section 19.5 15

Section 19.6 15

Section 19.7 15

Section 19.8 15

ARTICLE 20. uniforms and safety clothing 15

Section 20.1 15

Section 20.2 15

Section 20.3 15

Section 20.4 15

Section 20.5 15

ARTICLE 21. HEALTH & WELFARE 16

Section 21.1. 16

Section 21.2. 16

Section 21.3. 16

Section 21.4. 16

Section 21.5. 17

Section 21.6 17

ARTICLE 22. WAGES 17

Section 22.1 17

Section 22.2 17

ARTICLE 23. SUBSTANCE ABUSE POLICY 17

Section 23.1 17

ARTICLE 24. PROBATIONARY PERIOD 17

Section 24.1 17

Section 24.2 17

Section 24.3 18

ARTICLE 25. CONTAGIOUS DISEASE 18

Section 25.1 18

Section 25.2 18

ARTICLE 26. WORKING OUT OF CLASSIFICATION 18

Section 26.1 18

Section 26.2 18

Section 26.3 18

Section 26.4 18

Section 26.5 18

Section 26.6 18

ARTICLE 27. SHIFT EXCHANGE 19

Section 27.1 19

Section 27.2 19

Section 27.3 19

Section 27.4 19

Section 27.5 19

Section 27.6 19

ARTICLE 28. TRAINING SUPPORT 19

Section 28.1 19

Section 28.2 20

Section 28.3 20

ARTICLE 29. JURY DUTY 20

Section 29.1 20

ARTICLE 30. CONSOLIDATIONS 20

Section 30.1 20

Section 30.2 21

ARTICLE 31. UNION SECURITY 21

Section 31.1 21

Section 31.2 21

Section 31.3 22

Section 31.4 22

Section 31.5 22

ARTICLE 32. UNION BUSINESS 22

Section 32.1 22

Section 32.2 22

Section 32.3 22

Section 32.4 22

ARTICLE 33. RETIREMENT 23

Section 33.1 23

ARTICLE 34. SAVINGS CLAUSE 23

Section 34.1 23

ARTICLE 35. SOLE AGREEMENT 23

Section 35.1 23

Section 35.2 23

ARTICLE 36. TERM OF AGREEMENT 24

Section 36.1 24

signature page 24

APPENDIX A: Wage rates 25

APPENDIX B: AGREEMENT ON ALCOHOL AND DRUG TESTING 26

Attachment A: Reasonable Suspicion Behavior Report Form 32

Attachment B: Last Chance Agreement/Medical Leave of Absence Conditions 34

35

PREAMBLE

Section 1. Pursuant to RCW 41.56, it is the purpose of this Agreement to achieve and maintain harmonious relations between North Whatcom Fire & Rescue and the International Association of Fire Fighters, Local No. 3867, to provide for equitable and peaceful resolution of differences which may arise and to establish proper standards of wages, hours, and other conditions of employment. North Whatcom Fire & Rescue shall be known as the "Entity" and International Association of Fire Fighters, Local No. 3867 shall be known as the "Union" for the rest of this document.

ARTICLE 1. SCOPE OF AGREEMENT

Section 1.1. Union Recognition. For the term of this Agreement, the Entity recognizes the Union as the exclusive collective bargaining agent with respect to wages, hours and conditions of employment for all full-time uniformed employees of the Entity, excluding supervisors, confidential employees and non-uniformed employees, as certified by PERC.

Section 1.2. Coverage. Whenever the word “employee” appears in this Agreement, it shall refer only to those employees for whom the Union is, pursuant to Section1.1 of this Agreement, recognized as the exclusive bargaining agent.

ARTICLE 2. NON-DISCRIMINATION

Section 2.1. The parties hereto recognize the equal employment opportunity responsibilities under the various applicable federal, state or local fair employment laws and regulations. The Entity will not discriminate against any employee in violation of these provisions, and the Union will not discriminate against any employee nor cause or attempt to cause the Entity to violate those provisions.

ARTICLE 3. MANAGEMENT RIGHTS

Section 3.1. Any and all rights concerned with the management and operation of the Entity are exclusively the prerogative of the Entity, unless otherwise specified by this Agreement.

Section 3.2. The Entity retains the sole right to manage the affairs of the Entity and to direct the working forces. Such functions of management shall include, but are not limited to, the rights, in accordance with the Entity's sole and exclusive judgment and discretion unless otherwise specified by this contract:

A.  To recruit, hire, promote, transfer, assign, retain employees and select and modify testing criteria, content and procedures.

B.  To lay off employees for lack of work, funds or other legitimate reasons.

C.  To suspend, demote or discharge employees for just cause.

D.  To discipline employees for reasonable cause

E.  To determine the number of personnel per shift and equipment staffing, including the number of paid and volunteer personnel.

F.  To appoint employees to positions within the Entity.

G.  To determine the number and location of Entity facilities.

H.  To determine, modify and change duties to be performed by employees in the various classifications.

I.  To make, modify, implement, rules and regulations or policy and procedures for the operation of the Fire Department and the conduct of its employees.

J.  To determine the minimum qualifications and hiring criteria, physical exam, mental, and performance standards.

K.  To determine levels of service to be offered to the public and discontinue work that is wasteful and nonproductive.

L.  To control the Fire Department budget.

M.  To take any action necessary in event of an emergency, i.e., natural disasters or catastrophes.

N.  To schedule working hours.

O.  To introduce new and improved methods or equipment in order to improve the efficiency and operation of the Fire Department.

Section 3.3. In the event local, state or federal emergency conditions require immediate and unusual mobilization of staff (e.g., man-made or natural disasters, civil disturbance, forest fires or other similar emergencies), the Entity may take any and all actions as may be necessary to carry out the mission of the Entity, which may include the suspension of any working conditions under this Agreement during the time of the declared emergency, provided that base wage rates paid for normal work schedules and insurance benefits shall not be suspended.

Section 3.4. The foregoing express enumeration of rights reserved to management shall not be deemed to preclude management's exercise of other rights it held before the execution of this Agreement which are not inconsistent with any express provision thereof. The foregoing enumeration of rights reserved to management shall be without further collective bargaining, shall be permissive rather than mandatory subjects of collective bargaining.

Section 3.5. The Entity's failure to exercise any right, prerogative, or function hereby reserved to it, or the Entity's exercise of any such right, prerogative, or function in a particular way, shall not be considered a waiver of the Entity's right to exercise such right, prerogative, or function or preclude it from exercising the same in some other way not in conflict with the express provisions of this Agreement.

ARTICLE 4 DISCIPLINE

Section 4.1 The Entity and the Union agree that in correcting inappropriate conduct, the Entity shall employ a progressive discipline system which shall, depending on the severity of the inappropriate conduct, include verbal counseling and warnings, written warnings, probation, suspensions and discharge. The Entity will evaluate the conduct of the employee and the circumstances of the incident to determine what level of discipline is appropriate. The parties recognize that certain conduct is of such a serious nature that to resort to a progressive discipline approach is inappropriate. The Entity may, therefore, omit any of the steps and proceed directly to discharge. Conduct falling in this category, depending on its severity, may include, but shall not be limited to, serious, willful breach of patient confidentiality; abusing patients; theft; intentionally damaging the property of others; fighting; violation of the Entity’s harassment or discrimination policies; fraud; falsification of documents; insubordination; possession, use or sale of alcohol or illegal drugs while on Entity time or property, being under the influence of drugs or alcohol in said circumstances, or abandonment of position. The principles of just cause apply to termination but not to other levels of discipline.

Section 4.2. Prior to imposition of discipline other than verbal counseling, the employee shall be provided a copy of the alleged violation and all relevant documents that the Entity has in its possession upon request of the employee. The Entity shall attempt to notify an employee of an investigation into potential misconduct, unless the Entity determines that there is a need for confidentiality. The Entity shall allow an employee the opportunity to give his/her side of the issue before imposing discipline.

Section 4.3. The employee shall have the right to have union representation present, upon request, at any meeting held with the Entity to discuss any potential disciplinary action.

Section 4.4. The employee shall have the right to inspect the full contents of his/her personnel file during normal business hours of the Entity after making prior arrangements with the Chief or his designee to do so at a mutually agreeable time. An Employee shall be provided with a copy of documents entered into his/her personnel file involving discipline action upon the request of the employee. The employee may follow procedures outlined herein to challenge a document.

Section 4.5. The Entity shall develop policy within 6 months on the removal of documentation of discipline actions taken against employees and placed within a personnel file when appropriate. Such policy shall implement without further collective bargaining.

ARTICLE 5. GRIEVANCE PROCEDURE

Section 5.1. Definition of a Grievance. A grievance shall be defined as a timely written complaint by the grieving party, on a prescribed form, concerning the interpretation or application of specific provisions of this Agreement. Whenever possible, grievances shall be settled on an informal basis with the immediate supervisor.

Section 5.2. All grievances must be initiated under the grievance procedure within ten (10) calendar days of the alleged violation or the time the employee or Union became aware of or should have become aware of said alleged violation. At any time during the grievance review procedure, it will be the right of any grievant or group of grievants to have a representative of the Union present. The grievant may wave any Union involvement at any step.

Step 1. The Union and/or grievant shall first present the grievance in writing setting forth relevant facts, including the alleged violation, the section of the Agreement alleged to have been violated, and the recommended resolution to the Fire Chief who shall review the grievance and render a written decision within ten (10) calendar days. Failure to file a grievance within the ten (10) calendar day period constitutes a waiver of the grievance.

Step 2. If the grievance is not resolved at Step 1, the grievant shall submit the grievance to the Fire Commissioners within ten- (10) calendar days of receipt of the Fire Chief's decision. The Board of Directors shall have discretion to determine what testimony or additional evidence, if any, beyond the written grievance and the Chief's decision is necessary to resolve the grievance, and to schedule presentation of such testimony or additional evidence. The Fire Commissioners shall submit their written decision within thirty (30) calendar days from receipt of the grievance. The Board of Directors reserves the right to wave this step.

Step 3. If the grievance is not resolved by the Fire Commissioners' decision, the parties agree to submit the grievance to mediation by the Public Employment Relations Commission (PERC). The Union must make such appeal within fourteen (14) calendar days of the Commissioners' written decision.

Step 4. If the grievance is not resolved in mediation, the Union may notify the Entity of its decision to submit the grievance to arbitration. The Union shall give written notice to the Entity of its intent to submit a grievance to arbitration within fourteen (14) calendar days of the mediation meeting. Within fourteen (14) calendar days of the Union's request to arbitrate, a representative of the Union and of the Entity shall meet and attempt to agree on a neutral arbitrator. If unable to reach agreement, they may request a list of seven (7) arbitrators from Judicial Arbitration Mediation Service (JAMS) and/or the Washington Arbitration and Mediation Service (WAMS) and/or Federal Mediation Conciliation Service (FMSC). Upon receipt of the list, the two representatives shall meet within fourteen (14) calendar days to alternatively strike names until one name remains. This person shall serve as the sole arbitrator.

Step 5. The arbitrator shall render a decision within thirty (30) calendar days of the close of the hearing; which decision shall be final and binding on both parties.

Section 5.3 The arbitrator shall have no authority to add to, subtract from, or otherwise change or modify the provisions of this agreement, but shall be authorized only to interpret existing provisions of this Agreement as they may apply to the specific facts of the issue in dispute.