AN ORDINANCE relating to City employment; authorizing execution of a collective bargaining agreement between the City of Seattle and the International Association of Fire Fighters, Local 2898 to be effective January 1, 2012 through December 31, 2014; providing payment therefor; and ratifying and confirming prior acts.

WHEREAS, a collective bargaining agreement between the City of Seattle and the International Association of Fire Fighters, Local 2898 expired on December 31, 2011, and;

WHEREAS, employees represented by the International Association of Fire Fighters, Local 2898 continued to work after December 31, 2011, on condition that the subject of their wages continued to be negotiated during collective bargaining; and

WHEREAS, collective bargaining has led to an agreement concerning wages, benefits and other conditions of employment between the City and the International Association of Fire Fighters, Local 2898; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. As requested by the Personnel Director and recommended by the Mayor, the Mayor is hereby authorized on behalf of the City to execute a collective bargaining agreement with the International Association of Fire Fighters, Local 2898, effective January 1, 2012 through December 31, 2014, substantially in the form attached to this ordinance as Attachment 1 and identified as "Agreement by and between the City of Seattle and Seattle Fire Chiefs Association, IAFF, Local 2898, AFL-CIO-CLC."

Section 2. The heads of employing units and/or their designees are hereby authorized to use unexpended and unencumbered salary funds accumulating in their budgets to pay the compensation authorized in the attached collective bargaining agreement.

Section 3. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and confirmed.

Section 4. This ordinance shall take effect and be in force 30 days after its approval by the Mayor, but if not approved and returned by the Mayor within ten days after presentation, it shall take effect as provided by Seattle Municipal Code Section 1.04.020.

Passed by the City Council the ____ day of ________________________, 2013, and signed by me in open session in authentication of its passage this

_____ day of ___________________, 2013.

_________________________________

President __________of the City Council

Approved by me this ____ day of _____________________, 2013.

_________________________________

Michael McGinn, Mayor

Filed by me this ____ day of __________________________, 2013.

____________________________________

Monica Martinez Simmons, City Clerk

(Seal)

David Stewart/David Bracilano/sb PER Local 2898 CBA ORD February 14, 2013 Version #1

Attachments

Attachment 1: Agreement by and between the City of Seattle and Seattle Fire Chiefs Association, IAFF, Local 2898, AFL-CIO-CLC

AGREEMENT

BY AND BETWEEN

THE CITY OF SEATTLE

AND

SEATTLE FIRE CHIEFS ASSOCIATION, IAFF, LOCAL 2898

AFL CIO CLC

Effective January 1, 2012 through December 31, 2014

TABLE OF CONTENTS

Page

PREAMBLE iii

ARTICLE 1 RECOGNITION AND BARGAINING UNIT 1

ARTICLE 2 UNION MEMBERSHIP 2

ARTICLE 3 SALARIES 4

ARTICLE 4 HOURS OF DUTY 6

ARTICLE 5 OVERTIME PAY 10

ARTICLE 6 TEMPORARY DETAIL TO HIGHER POSITIONS 14

ARTICLE 7 HOLIDAYS 16

ARTICLE 8 VACATIONS 18

ARTICLE 9 SICKNESS AND DEATH IN FAMILY 20

ARTICLE 10 COMPENSATION FOR USE OF PRIVATE AUTOMOBILE 22

ARTICLE 11 UNIFORM ALLOWANCE 23

ARTICLE 12 GRIEVANCE PROCEDURE 24

ARTICLE 13 DISCIPLINE AND APPEAL OF DISCIPLINE 30

ARTICLE 14 SICK LEAVE AND LONG TERM DISABILITY 31

ARTICLE 15 JOINT LABOR MANAGEMENT AND JOINT SAFETY COMMITTEES 36

ARTICLE 16 UNION BUSINESS 37

ARTICLE 17 MANAGEMENT RIGHTS 394

ARTICLE 18 PRODUCTIVITY AND PERFORMANCE OF DUTY 40

ARTICLE 19 MEDICAL CARE, DENTAL CARE AND LIFE INSURANCE 41

ARTICLE 20 GENERAL CONDITIONS 44

ARTICLE 21 PENSIONS 47

ARTICLE 22 SUBORDINATION OF AGREEMENT 48

ARTICLE 23 SAVINGS CLAUSE 49

ARTICLE 24 ENTIRE AGREEMENT 50

ARTICLE 25 DURATION OF AGREEMENT 51

APPENDIX A. 52

APPENDIX B DEFERRED COMPENSATION....................................

AGREEMENT

BY AND BETWEEN

THE CITY OF SEATTLE

AND

SEATTLE FIRE CHIEFS ASSOCIATION, IAFF, LOCAL NO. 2898

AFL CIO CLC

PREAMBLE

The rules contained herein constitute an Agreement between the City of Seattle, hereinafter referred to as the "City" or the "Employer" and the Seattle Fire Chiefs Association, I.A.F.F., Local Union No. 2898, hereinafter referred to as the "Union," governing wages, hours, and working conditions as described herein.

The City and the Union agree that the purpose of this Agreement is to provide for fair and reasonable compensation and working conditions for employees of the City as enumerated in this Agreement and to provide for the efficient and uninterrupted performance of municipal functions. This Agreement has been reached through the process of collective bargaining with the objective of serving the aforementioned purposes and with the further objective of fostering effective cooperation between the City and its employees.

ARTICLE 1 RECOGNITION AND BARGAINING UNIT

1.1 The City hereby recognizes the Union as the exclusive bargaining representative of the bargaining unit of all supervisory uniformed personnel of the Fire Department holding the rank of Battalion Chief and Deputy Chief.

ARTICLE 2 UNION MEMBERSHIP

2.1 Each regular full-time employee promoted into the bargaining unit shall make application to become a member of the Union within thirty (30) days following the date of employment within the unit, and all other employees within the bargaining unit who have voluntarily become members of the Union shall maintain such membership in good standing, and failure by any such employee to apply for and/or maintain such membership in accordance with this provision shall constitute cause for discharge of such employee; provided that it is expressly understood and agreed that the discharge of employees is governed by applicable provisions of the City Charter, which provisions are paramount and shall prevail; provided further that the above requirements to apply for Union membership and/or maintain Union membership shall be satisfied by an offer by the employee to pay the regular dues uniformly required by the Union of its members in municipal employment. The Union will administer the provisions of this Article with regard to membership or association of employees in accord with its obligations under the law.

When an employee fails to fulfill the above obligation, the Union shall provide the employee and the Employer with thirty (30) calendar days written notification of the Union's intent to initiate discharge action.

Any disputes concerning the amount of dues or fees and/or the responsibility of the Union to the employees covered by this Agreement shall not be subject to the grievance and arbitration procedures set forth in this Agreement.

Employees who satisfy the religious exemption requirements of RCW 41.56.122 shall contribute an amount equivalent to regular Union dues to a nonreligious charity or to another charitable organization mutually agreed upon by the employee affected and the bargaining representative to which such employee would otherwise pay the regular monthly dues.

The employee shall furnish written proof that such payment has been made. If the employee and the bargaining representative do not reach agreement on such matter, the Public Employment Relations Commission shall designate the charitable organization.

2.2 There shall be no discrimination by the City against any employee on account of membership status, or union activity

2.3 The City shall make deductions on a regular basis from an employee's pay for the regular Union dues or other obligation agreed between the employee and the Union; provided such employees shall authorize said deductions in writing on a form to be filed with the City. The City shall remit such deductions to the Union. The performance of this function is recognized as a service to the Union by the Employer.

2.4 The Union recognizes that it is the Union's exclusive responsibility to notify employees of their options regarding association and/or membership. The Union agrees to indemnify and save harmless the employer from any and all liability arising out of this Article.

ARTICLE 3 SALARIES

3.1 The minimum salaries to be paid by the City to employees in the bargaining unit during the period of this Agreement are set forth in Appendix A of this Agreement.

3.2 The hourly rate of pay for employees shall be determined as follows:

Monthly salary X 12 * (52.2 x 45.7) = Hourly rate of pay for Operations Division (24 hour shift) schedules

or, for 40 hour employees:

Monthly salary X 12 = Annual salary

Annual salary * 2088 = Hourly rate

3.3 Employees who work, or are otherwise entitled to pay, for all scheduled shifts in a work schedule that averages 45.7 hours per week on an annual basis shall be paid for 91.4 hours a pay period regardless of the number of hours actually worked. The bi-weekly pay of employees who are absent from scheduled work and are in a non-pay status for less than two shifts during the pay period shall be computed by subtracting the number of hours absent from 91.4 and multiplying by the hourly rate of pay. When unpaid absence equals two or more scheduled working shifts in one pay period, payment will be made only for time worked.

3.4 When an employee's number of actual hours worked is affected by Daylight Savings Time adjustments, the employee shall not be compensated for any additional time worked as a result of said adjustments, nor shall his/her compensation be reduced for working less time as a result of said adjustments.

3.5 In the event an employee covered by this Agreement leaves the service of the Fire Department and within a year the Fire Department rehires said employee in the same classification to which assigned at date of termination, such employee shall be placed at the step in the salary range which is closest to the salary earned at the time of the original termination.

3.6 Upon promotion to a position in the bargaining unit, an employee previously in a position classified as Captain shall be granted service credit for work in an out of class basis in the position to which promoted if the conditions below are met. Similarly, upon promotion to a Deputy Chief position in the bargaining unit, an employee previously in a Battalion Chief position shall be granted service credit for work in an out of class basis in a Deputy Chief position if the following conditions are met:

1. The higher level position to which the employee is promoted is in the same Fire Department unit (Operations, FAC, FMO, Paramedics) in which the out of class assignment was worked.

2. The out of class assignment continued for at least six (6) consecutive months immediately prior to the promotion. (The "consecutive months" will be considered to have been interrupted if the employee was absent from duty for any reason for a total of eight or more shifts.)

ARTICLE 4 HOURS OF DUTY

4.1 The number of hours assigned duty per week for employees under this Agreement shall be continued in accordance with provisions as set forth in this Agreement. Nothing herein shall limit the City in exercising discretion in varying the hours of duty of any employee. Employees working an average work week of 45.7 hours shall work a base schedule of a twenty-four (24) hour shift. Employees assigned to other divisions shall work forty (40) hours per /week.

4.2 Employees in the Operations Division may work a maximum of two consecutive 24-hour shifts provided that such a work assignment does not affect the employees' ability to safely perform their duties on the job and that the employees have not worked another two consecutive 24-shifts earlier in that month.

4.3 Members working two consecutive shifts at their request are responsible for all issues regarding proper relief including compensation for a holdover member. The Department will assume responsibility for relief compensation when members are held over for emergencies or at the direction of the Department.

4.4 Members are responsible for monitoring their state of readiness. When a member's scheduled shift falls on the second consecutive shift and the member is not adequately rested to perform their duties, the member will inform their supervisor and request time off using accrued compensatory time, vacation, personal holiday or sick leave.

4.5 The City and the Union may open negotiations on Article 4.2 in the event that there is evidence of a pattern that two consecutive 24-hour shifts are causing harm to the safety of Fire Personnel.

4.6 Employees will have twenty-four (24) hours off duty before and after a change of schedule to or from Operations and Administrative schedules.

4.7 Operations Division Supervising Chiefs assigned to Deputy 1, Battalions 4,5,6,7 and the Safety Officer positions shall each be granted the ability to cancel one debit day annually. The Fire Chief (or designee) shall name the Supervising Chiefs by the end of January of each year.

4.8 The City agrees to a Special Relief program for all employees covered by this Agreement. Early or Late Relief shall be permitted on a position by position basis subject to approval by the Employer.

4.9 Floating debit shifts scheduled but not worked due to injury, illness or dependent care shall be accounted for by sick leave or disability leave.

4.10.1 Each employee working in the Operations Division shall be assigned a work number consisting of the employee's assigned platoon (A, B, C, D) and a number from 1 to 13. In addition to the employee's assigned platoon schedule, the employee is assigned to work on the days upon which the work number falls. These days shall be referred to as scheduled debit shifts.

4.10.2 Employees shall work, in addition to the regularly scheduled twenty-four (24) hour shifts, one (1) floating debit shift per year to result in an average 45.7-hour work week.

4.10.3 An employee may schedule a floating debit shift whenever there are fewer than six (6) Chiefs scheduled to work on any given shift. Rules for scheduling and cancelling the floating debit shift are governed by the "2012 Floating Debit Day Rules" document attached to the Settlement Agreement signed on January 5, 2012.

4.10.4 Employees in the Operations Division shall be scheduled to work 28 shifts excluding floating debit shifts per 104-day debit cycle. Usually this will be 26 days on the assigned shift and 2 debit days. If, due to a transfer, an employee is not scheduled to work 28 shifts during the cycle, the Department will assign additional shifts or provide time off so that the employee is scheduled for 28 shifts.

4.11 Employees may not accumulate more than 480 hours of compensatory time as a result of a merit trade. Employees who are currently at or above the 480 hour cap may not make a merit trade with another employee who is at or above the 480 hour cap. However, an employee who is at or above the 480 hour cap may make a merit trade with a second employee who is below the 480 hour cap, as long as the merit trade does not put the second employee above the 480 hour cap.

ARTICLE 5 OVERTIME PAY

5.1.1 Work performed outside of the employee's regular scheduled shift(s) shall be compensated (pay or compensatory time) at the overtime rate of time and one-half the employee's regular rate of pay for actual hours worked. All non-emergency overtime work must be approved by the employee's immediate supervisor.

5.1.2 All overtime compensation shall be at the rate of time and one-half (1 1/2). Such overtime compensation shall be in the form of pay or employees may receive compensatory time at the overtime rate in lieu of overtime pay upon approval of the Chief of the Department up to a maximum of 480 hours of accumulated compensatory time. All overtime hours in excess of 480 shall be in the form of pay. Any employee who has accumulated more than 480 hours of compensatory time shall not accumulate any more, including by merit trade, as set forth above in section 4.11. Any overtime earned after the Fair Labor Standards Act threshold of 212 hours in a twenty-eight (28) day work period shall be in the form of pay in all cases. The FLSA period shall begin on the first day of a pay period, with the beginning on June 14, 1995. The overtime rate of pay shall be determined from the applicable straight time hourly rate. Additionally, overtime worked pursuant to reimbursable activity shall be compensated at the overtime rate in the form of pay and shall not be taken as compensatory time.

5.2.1 Employees called out, while off duty, on a multiple alarm or other emergency shall be credited with a minimum of four (4) hours of overtime for such call out and shall be paid at time and one-half the straight time hourly rate of pay for all hours worked.

5.2.2 Employees called back to work at the request of the Chief for disciplinary hearings, ordered to appear in court on Department business, or returned to duty on other Department business on their regular time off shall be compensated at the rate of one and one-half times their hourly rate with a minimum of four (4) hours of overtime for such call out.

5.3.1 Vacancies occurring in the Battalion and Deputy Chief ranks in the Operations Division not covered by a member working a debit shift shall be filled by those Battalion/Deputy Chiefs in the bargaining unit who have volunteered for overtime assignments to ensure that there are at least six chiefs on duty.

5.3.3 Employees shall be hired for overtime from a voluntary overtime signup list. Overtime hiring procedures will be in accordance with the Settlement Agreement dated January 30, 2009. If vacancies cannot be filled in accordance with the Settlement Agreement dated January 30, 2009, the Department may fill such overtime positions as its policy and procedure may provide. Long distance calls shall be at the employee's expense. Employees shall be scheduled and called for overtime work in such a manner as will, so far as practicable, rotate overtime work opportunities among employees covered by this Agreement. If more than one employee has signed up to work overtime, the member with the fewest previouslyworked overtime hours in the calendar year shall be hired.

5.3.4 The Department shall maintain two separate overtime hiring lists: 1) a full-shift overtime hiring list for 20 hours or more, and 2) a partial-shift overtime hiring list for fewer than 20 hours. Members hired for Deputy 1 and Safety 2 must be eligible to work in those positions when hired from the partial-shift overtime list.

5.3.5 The employees of the bargaining unit shall be granted access to the Department's Local 2898 modified overtime program. All requests for information as a result of this access shall be directed only to the Fire Chief or designee.

5.3.6 Employees shall not sign up to work overtime, nor be assigned to work overtime during any period of time when the overtime assignment would conflict with their regularly-scheduled duty assignment(s) or their "off-duty standby" status, as described in sections 6.1.2.1, 6.1.2.2, and 6.1.2.3. However, an employee assigned to an Administrative schedule who is working overtime in Operations may use vacation or compensatory time off to complete the overtime shift before reporting to his/her regular administrative assignment.

5.3.7 Employees assigned to or working an Administrative schedule shall be allowed to work overtime only on weekends, regularly scheduled days off, holidays, and vacations of at least three (3) calendar days, when granted in advance. Vacations may be combined with regularly scheduled days off and/or holidays to meet the three (3)calendar-days -off requirement.

5.3.8 Employees shall not sign up, agree to, or otherwise work forty-eight (48) consecutive hours unless such work is completed at least twenty (20) hours prior to their next regularlyscheduled assignment. This provision shall not preclude 'holdover' awaiting proper relief from duty.

5.3.8.1 Vacation, holiday or compensatory time off shall satisfy the twenty (20) hour requirement of section 5.3.8 above only when such vacation, holiday or compensatory time was scheduled prior to the request for or acceptance of the forty-eight (48) consecutive hour assignment.

5.3.8.2 Trades, early relief, or compensatory time off may not be used to shorten a shift to avoid the requirements of section 5.3.8 above.

ARTICLE 6 TEMPORARY DETAIL TO HIGHER POSITIONS

6.1 Any time an administrative Battalion Chief or Deputy Chief covered by this agreement is scheduled to be absent, or is absent due to illness/injury from his or her assigned position for five (5) or more regularly-scheduled eight (8) hour work days or four (4) or more regularlyscheduled ten (10) hour work days, an Operations Division Battalion or Deputy Chief shall be assigned to perform the duties of the aforementioned administrative Chief.

6.1.1 Employees in the classification of Fire Battalion Chief covered by this Agreement who are assigned by proper authority to perform the duties of a higher paid position within the Fire Department shall be paid in accordance with the following:

1. In excess of four (4) hours, but less than five (5) consecutive shifts or forty (40) hours, at the beginning rate of Fire Chief, Deputy.

2. For five (5) consecutive shifts or forty 40 hours, shall be paid at the first level of the position which they are filling which exceeds the level in 1. above for all hours so assigned and worked.

6.1.2 Employees assigned to Deputy Chief positions covered by this Agreement who are assigned by proper authority to perform the duties of a higher paid position within the Fire Department shall be paid at a rate equal to one hundred four percent (104%) of the Deputy Chief's regular rate of pay for all hours so assigned and worked.

6.1.3.1 The Fire Chief or his/her designee may formally place employees who are assigned to perform the duties of a higher-paid position in accordance with 6.1.2 on "off-duty standby" status for a fixed, predetermined period of time, during which the employee is required to remain on page communicator, a similar device or at home in a state of readiness to respond to duty at a moment's notice.

6.1.3.2 Employees formally placed on "offduty standby" status in accordance with section 6.1.3.1 above shall be compensated on the basis of ten percent (10%) of the straight time rate of pay of the acting assignment described above in Section 6.1.2. If the employee is actually called to perform the work of the acting position, the "off-duty standby" pay shall cease at that time. Thereafter, normal overtime rules apply. If applicable, the "off-duty standby" status shall resume when the work is completed.

6.1.3.3 Employees assigned to "off-duty standby" status in accordance with section 6.1.3.1 above shall not sign up to work overtime that would conflict with the "off-duty standby" period(s). If, prior to being assigned to "offduty standby" status, the employee has accepted any overtime assignment(s) that conflict with the assigned "off-duty standby" period, the employee shall so notify the Fire Chief or designee at the time the employee is notified that he or she will be assigned to "off-duty standby" status.

6.1.4 Employees holding the rank of Battalion Chief assigned to administrative duties shall receive a premium equivalent to ten percent (10%) of top step pay while so assigned.

6.2 The Assistant Chief of Operations will designate a minimum of two Battalion Chiefs per each platoon as Acting Deputy Chiefs to act in the Operations 24-hour Deputy Chief position. To qualify as an Acting Deputy Chief, a Battalion Chief must have a minimum of three years experience as an Operations Battalion Chief and must complete an orientation training session about the Deputy Chief office and duties. The Assistant Chief of Operations may designate more than two Battalion Chiefs to act per platoon if those additional Battalion Chiefs meet the minimum criteria for acting. Once designated as an Acting Deputy Chief, a Battalion Chief will act in the Operations Deputy Chief position when so assigned. Safety Officers are not eligible to act as Deputy One when working in their regularly assigned position.

6.2.1 When a vacancy exists and a platoon's Deputy Chief and all designated actors are absent, the Deputy Chief with the fewest hours worked in the calendar year will be hired from the overtime hiring register. If no Deputy Chief is available, the first eligible actor will be hired from the overtime hiring list.

ARTICLE 7 HOLIDAYS

7.1.1 Employees who work the 45.7-hour average work week shall be granted time off in lieu of paid holidays at the rate of four (4) working shifts off duty with pay each year. The City shall schedule accrued holiday time off four (4) times per year, in accordance with the staffing needs of the Department, but with full consideration for the wishes of the employees involved.

7.1.2 If an employee is unable to take holiday time off due to disability, the holiday may not be rescheduled; provided, however, should the employee retire from that disability and be unable to reschedule the holiday, the hours shall be paid for at the straight time rate of pay in effect at the time the holiday time off was due.

7.1.3 In addition to the above holiday time, employees working the 45.7-hour average work week on September 1 of each calendar year shall be paid six (6) hours at their regular straight-time hourly rate of pay for the ensuing calendar year and shall be paid twelve (12) hours at their regular straight-time hourly rate of pay on Martin Luther King's Birthday observance.

7.2.1 Employees assigned schedules which result in an average forty (40) hour work week and for which shifts are normally scheduled Monday through Friday, shall observe the following holidays as designated for observance by the majority of other City employees:

New Year's Day

Martin Luther King's Birthday

Presidents' Day

Memorial Day

Independence Day

Labor Day

Veteran's Day

Thanksgiving Day

Day After Thanksgiving Day

Christmas Day

Two (2) Personal Holidays

7.2.2 Employees who observe holidays pursuant to 7.2.1 and are required to work on said holidays shall be paid one and one-half (1 1/2) times the employee's regular rate of pay for all hours worked and, in addition, another day off will then be rescheduled.

7.2.3 The two Personal Holidays shall be due those employees who have been assigned to work a 40-hour work week. An employee transferred to such position shall not be due a Personal Holiday until three consecutive months have been worked in the position. An employee temporarily detailed to such position will be due a Personal Holiday to be scheduled off during the detail provided the detail is for at least ten (10) shifts and the employee is unable to reschedule a missed holiday off in the Operations Unit within that quarter.

7.3 Elimination of holiday premium pay for personnel scheduled to work a 45.7 hour work week are in trade for other benefits gained in this Agreement.

ARTICLE 8 VACATIONS

8.1 Each employee working a 45.7-hour average work week shall be granted a vacation in accordance with the following schedule:

1 thru 6 yrs. service 5 shifts

7 thru 14 yrs. service 6 shifts

15 thru 19 yrs. service 7 shifts

20 yrs. service 8 shifts

21 thru 24 yrs. service 9 shifts

25 years service 10 shifts

26 or more years service 11 shifts

8.2 Vacations may be requested by the employee in writing to start and/or end on any date. Vacation requests may be made starting on November 1 for the following year. Employees may choose to schedule vacation starting November 1 or may schedule their vacation at a later date. All vacation requests are subject to approval of the Employer with no request unreasonably denied.

8.2.1 Employees may cancel granted time off (unscheduled vacation, saved vacation, compensatory time or leave without pay) up to 20 hours before the start of the shift taken off. Granted time off may not be cancelled if requested less than 20 hours before the start of the shift taken off.

8.3 Employees working a forty (40) hour week shall be granted an equal number of hours as provided by Section 8.1 above.

8.4 An employee may, following one full calendar year of employment, carry over and/or accumulate forty-eight (48) hours of vacation annually, provided that, the number of vacation days carried over and/or accumulated shall not exceed one and one-half (1 1/2) times the number of annual vacation hours for which such employee is currently eligible. An employee who is unable to take his/her regularly scheduled vacation, or portion thereof, as a result of disability, military leave or other work-related reasons approved by the Fire Chief shall have said vacation held over to the next calendar year. Vacation held over must be scheduled and taken in the following year. Work-related vacation carryover due to workload must be requested and approved by the end of the 3 ^rd quarter. If the carry over vacation is not scheduled by February 1 ^st of the following year, the Department will schedule the vacation for the employee.

8.5 An employee who separates from service with the Fire Department and is rehired by the Department within one (1) year from the date of separation, shall have all prior service time reinstated for purposes of vacation accrual.

8.6 Unpaid leaves of absence shall result in a loss of vacation granted in the next year by multiplying the given accrual factor by the number of scheduled hours of work (including debit shift hours) lost due to the unpaid leave and rounding to the nearest full hour.

Years of Service Annual Hours of Work

2382 2088

7-14 .0605 .0690

15-19 .0705 .0805

20 .0806 .0920

21-24 .0907 .1035

25 .1008 .1150

26 .1110 .1265

As an example:

Hours of leave of absence: 11 shifts x 24 hours = 264 hours

(20 years service)

(2382 annual hours) 264 X .0806 = 21.278

= 21 hours to be deducted from next year's vacation hours

ARTICLE 9 SICKNESS AND DEATH IN FAMILY

9.1 Employees assigned to a forty hour average work week shall receive one (1) or, if necessary for travel, two (2) shifts off duty with pay in the event of a death of a close relative. The second shift off is applicable only in instances where total travel of 200 miles or more is necessary. The intent of this Article is to provide time off from regularly scheduled duty to attend or make arrangements for a funeral in event of the death of a close relative

9.2 Employees assigned to a 45.7-hour average work week shall receive one shift off duty with pay to attend the funeral of a close relative.

9.3 Employees notified of a death in the family while on duty shall be immediately excused from work for the balance of the shift if it is necessary that the employee be immediately off work to attend to such a situation. Such time off shall be with pay in addition to the benefit applicable. An employee who is working on an overtime basis will be allowed to leave work but will be paid only for hours actually worked.

9.4 For purposes of administration of this Article, a close relative is defined to include spouse, domestic partner, children, mother, father, brothers, sisters, grandchildren, and grandparents of employee and spouse, or domestic partner.

9.5.1 Emergency leave: The City agrees to allow up to a total of twelve (12) hours per calendar year off with pay for such employee when the Department is notified that the employee's spouse, domestic partner or child, or a parent of the employee or the employee's spouse or domestic partner has unexpectedly become seriously ill or has had a serious accident and it is necessary that the employee be immediately off work to attend to such a situation. This provision shall be applicable when notification of the need for emergency leave is given up to three (3) hours prior to the commencement of the work shift or during the work shift.

9.5.2 This section shall be applicable twice each year; however, the total emergency leave hours shall not exceed twelve (12) in the calendar year. This time limit shall not apply to LEOFF II employees' use of sick leave for emergency purposes. LEOFF II employees who do not utilize all of their emergency leave in a calendar year shall have the remaining balance of their emergency leave credited to their sick leave balance for the next year.

9.5.3 For the administration of this section, "child" shall be defined as every natural born child, stepchild, child legally adopted or made a legal ward of the employee.

9.5.4 An employee working a regularly scheduled shift may take the whole shift off if necessary but shall not be paid for more than 12 hours in any one calendar year. In the event that the emergency situation requires the employee's presence for more than 12 hours, the employee shall have the option of utilizing one of the following to offset any hours beyond twelve:

a. Holiday time

b. Vacation time

c. Compensatory time

9.5.5 An employee who is working on an overtime basis will be allowed to leave work in an emergency such as described above, but will be paid only for hours actually worked.

9.6 The City agrees to allow the remaining portions of an employee's vacation, accumulated vacation days, holidays, or accumulated compensatory time to be used as Sickness and Death in Family Leave, as provided in 9.1 and 9.2.

ARTICLE 10 COMPENSATION FOR USE OF PRIVATE AUTOMOBILE

10.1 Any employee when required by the City to use his/her private automobile on Department business shall be compensated at the mileage rate (cents per mile) in effect at the time for other City employees (as specified by ordinance). This shall not cover any transportation to and from work. When an employee uses a private automobile to travel to Department sponsored training, or court appearances, mileage reimbursement will be based on the distance from the employee's assigned workplace to the training or court location. Mileage forms shall be provided by the City and be made available and on hand in every station.

10.2 Whenever an employee is notified of a detail to another assignment location during his/her off duty time, the member shall receive thirty (30) minutes of pay at time and one-half (1 1/2).

10.3 If an employee is detailed to another station after reporting to his/her scheduled place of employment, he/she may use his/her private automobile to effect the detail if Department transportation is not furnished. If the employee uses his/her private automobile for the detail, he/she shall be compensated in accordance with Section 10.1 of this Article.

ARTICLE 11 UNIFORM ALLOWANCE

11.1 The City shall provide and maintain at no cost to the employee all protective clothing and equipment pursuant to WAC 296-305-060. The City may issue said items directly, establish a procurement policy with a supplier or suppliers or reimburse employees for the purchase of said items in a timely manner which shall normally be within fourteen (14) calendar days of a request for reimbursement. The Department shall promulgate policies and procedures for same and shall notify the Union of subsequent modifications.

11.2 Employees shall be responsible for acquiring required uniform items in accordance with policy and procedure of the Department. The Department shall notify the Union of any changes to the required uniform.

11.3 Effective January 2, 2002, the base wage for each employee shall be increased in an amount equal to two hundred and fifty dollars ($250.00) annually to cover the cost of replacement of said uniform items.

11.4 Protective equipment and clothing purchased by the Department or for which the employee was reimbursed pursuant to Section 11.1, shall remain the property of the Department and shall be returned to the Department upon an employee's separation from employment. The employee is responsible for the safekeeping of all City purchased clothing and equipment. Normally, such equipment shall be kept at the fire station to which the employee is assigned. Such clothing and equipment shall not be used by employees for other than work for the Seattle Fire Department.

ARTICLE 12 GRIEVANCE PROCEDURE

12.1 Any dispute between the Employer and the Union concerning the interpretation or claim of breach or violation of the express terms of this Agreement shall be deemed a grievance. Such a dispute shall be processed in accordance with this Article. Any other type of dispute between the parties as well as disputes involving (1) Public Safety Civil Service Commission Rules or Regulations whether specified in this Agreement or not, if there be such, (2) disciplinary/discharge action taken by the Employer, except as specified in 12.10 and Article 13; and (3) Article 24 Pensions, shall not be subject to the procedure delineated in this Article.

Early Mediation Process. The City and the Fire Chiefs' Association encourage the use of the Early Mediation Process prior to issues becoming the subject of grievances. Participation in the process is entirely voluntary, confidential and does not impact grievance rights

Any alleged grievance shall be taken up by the employee with the appropriate Deputy Chief within ten (10) calendar days of the occurrence. If the aggrieved employee is a Deputy Chief, the grievance shall be taken up by the employee with their Assistant Chief. The above parties agree to make every effort to settle the grievance at this stage promptly; however, if no satisfactory settlement is reached, the following procedure shall apply:

Step 1 . The grievance shall be reduced to written form by the aggrieved employee and/or Union, stating the section of the Agreement allegedly violated and explaining the grievance in detail. The Union Representative shall present the written grievance to the Assistant Chief of the Department within ten (10) calendar days after the alleged grievance is taken up by the employee with the Deputy Chief or the Assistant Chief. The Assistant Chief or his/her designee shall convene a meeting within ten (10) calendar days after receipt of the written grievance, between the Union Representative, aggrieved employee, and any other witnesses and/or members of management whose presence is deemed necessary to a fair consideration of the grievance.

Ten (10) calendar days after the aforementioned meeting, the Assistant Chief shall transmit a copy of this decision to the aggrieved employee, the Union and the Chief of the Fire Department.

Step 2 . A grievance which remains unresolved after the written decision is delivered in Step One shall be transmitted in writing by the aggrieved employee and/or Union involved to the Chief of the Fire Department with a copy to the Director of Labor Relations. Said transmittal must be accompanied by the following information:

(a) Nature of dispute

(b) Contract provision(s) allegedly violated

(c) Remedy sought

The Chief of the Fire Department shall not be required to consider a grievance which is not referred to him/her within ten (10) calendar days following the Step 1 decision. A grievance properly filed shall be investigated by the Chief of the Department and/or the City Labor Relations Director or their respective designees. Such investigation, if deemed appropriate by the Chief of the Fire Department, may include a conference with the employee involved and his/her Union representative, if he/she has designated one. The Director of Labor Relations or his/her designee may thereafter make a confidential recommendation to the Chief of the Fire Department. The Chief of the Department shall make a decision on the matter in writing within ten (10) calendar days from the date when it was first received by him/her; provided, however, the Chief of the Department may waive investigating and answering the grievance at Step 2 and defer a decision to Step 3 within ten (10) calendar days of receipt of the grievance. Copies of the Chief's decision shall be furnished to the aggrieved, his/her Union representative and the Director of Labor Relations.

Step 3 . A grievance which remains unresolved after the decision is rendered in Step 2 may be transmitted in writing to the Director of Labor Relations by the aggrieved employee and/or Union, requesting a review by the Grievance Board. The Grievance Board shall not be required to consider a grievance which is not referred to the Director of Labor Relations within ten (10) calendar days following written notification of the Step 2 decision. The Director of Labor Relations or his/her designee listed below shall convene the Grievance Board within ten (10) calendar days upon receipt of a written request for review.

The Grievance Board shall consist of:

Presiding Chairperson City Director of Labor Relations or City Labor Negotiator

Member Fire Chief, or his designee from within the department

Member President of the Union, Local 2898,

I.A.F.F. or his designee from within Local 2898.

The Grievance Board shall issue its findings with recommendations for resolving the grievance in writing within ten (10) calendar days to the Chief of the Fire Department. The Chief shall within ten (10) calendar days thereafter render a decision on the issue with a copy to Local 2898, the aggrieved employee and the Director of Labor Relations.

Step 4 . If the contract grievance is not settled in Step 2 or 3, it may be referred by either the Union or the City to the Washington State Public Employment Relations Commission to supply both parties with a list of five (5) qualified arbitrators. If no agreement is reached between parties in the choice of an arbitrator from that list within fifteen (15) calendar days after receipt of said list, or the Union or the City opt to bypass a PERC list of arbitrators, the contract grievance shall be referred to the American Arbitration Association for arbitration to be conducted under its voluntary labor arbitration regulations.

Referral to arbitration (PERC or AAA) must be made within thirty (30) calendar days after the decision in Step 3 and to be accompanied by the following information:

(a) Identification of the section(s) of the Agreement allegedly violated.

(b) Details of the nature of the alleged violation.

(c) Position of the party who is referring the grievance to arbitration.

(d) Question(s) which the arbitrator is being asked to decide.

(e) Remedy sought.

If Arbitration has been timely requested, the parties may with mutual consent attempt Grievance Mediation. The process will use a mutually acceptable mediator and conclude within 30 days after the mutual request.

The parties agree to abide by the award made in connection with any arbitrable difference.

12.2 In connection with any arbitration proceeding held pursuant to this Agreement, it is understood as follows:

(a) The arbitrator shall have no power to render a decision that will add to, subtract from, or alter, change, or modify the terms of this Agreement, and his power shall be limited to interpretation or application of the express terms of this Agreement, and all other matters shall be excluded from arbitration.

(b) The decision of the arbitrator shall be final, conclusive and binding upon the City, the Union, and the employees involved.

(c) The cost of the arbitrator shall be borne equally by the City and the Union, and each party shall bear the cost of presenting its own case.

(d) The arbitrator's decision shall be made in writing and shall be issued to the parties within thirty (30) days after the case is submitted to the arbitrator.

12.3 Any time limits stipulated in the Grievance Procedure may be extended for stated periods of time by the appropriate parties by mutual agreement in writing; and the parties may, by mutual agreement, waive any step or steps of the Grievance Procedure to advance said grievance in an effort to expedite the resolution.

12.4 If at any step in the grievance procedure management's answer is deemed unsatisfactory, the Union's and/or the aggrieved's reasons for non-acceptance must be presented in writing.

12.5 The City agrees to conduct all hearings concerning a grievance on on-duty hours of employees whenever practical.

12.6 Failure by an employee or the Union to comply with any time limitation of the procedure in this Article shall constitute withdrawal of the grievance. Failure by the Employer to comply with any time limitations of the procedure in this Article shall allow the Union to proceed to the next step.

12.7 Arbitration or grievance settlements shall not be made retroactive beyond the date of the occurrence or non-occurrence upon which the grievance is based, that date being twenty-four (24) or less days prior to the initial filing of the grievance.

12.8 Any dispute as to whether or not a particular complaint has merit as a grievance as defined in Section 1 above shall be processed through the grievance procedure at the initiation of either party to this Agreement.

12.9 The Grievance Procedure may be invoked by the City relative to a grievance filed on its behalf commencing at Step 2 of the Grievance Procedure.

12.10 In no event shall this Agreement alter or interfere with disciplinary procedures followed by the City or provided for by City Charter, Ordinance or Law; provided, however, disputes concerning disciplinary or discharge action shall not be subject to this Article but shall be processed in accordance with Public Safety Civil Service procedures and rules, unless such discipline involves the demotion, suspension or termination of a Battalion Chief, in which case grievance arbitration shall be available.

12.11 If the contract grievance is not settled in Step 2, it may be referred to Step 3 at the discretion of the initiating party within the time limits described therein or Step 3 may be waived, provided a grievance conference has been held and a grievance decision was rendered in Step 2. If Step 3 is waived, the issue may then be submitted to Step 4 within the time limits described therein.

12.12 The Union shall be afforded all rights and privileges in filing grievances as an aggrieved employee under this Article.

12.13 Where the designated Officer as defined in Section 1 above is part of the bargaining unit, a grievance decision by said Officer shall not necessarily be conclusive nor set a precedent. Said decision shall be subject to review and/or reversal by the Chief of the Fire Department at any time. In case a decision is set aside as described above, the ensuing grievance time limits shall become operative when the grievant or Union is notified of the reversal.

12.14 Employees covered by this Agreement will follow all written and verbal directives, even if such directives are allegedly in conflict with the provisions of this Agreement.

ARTICLE 13 DISCIPLINE AND APPEAL OF DISCIPLINE

13.1 The City shall have the right to discipline employees for just cause. As used herein, discipline shall be deemed to include a suspension without pay, demotion, discharge and involuntary transfer for disciplinary reasons. Just cause is not required for counseling, performance improvement plans (PIP), or involuntary transfers for non-disciplinary reasons.

13.2 Discipline may be appealed under the grievance procedure outlined in Article 12 or, if applicable, through Civil Service, but not both. If there are dual filings with the grievance procedure and the Public Safety Civil Service Commission (PSCSC), the City will send a notice of such dual filings by certified mail to the employee(s) and the Union. The Union will notify the City within fifteen (15) calendar days from receipt of the notice if it will use the grievance procedure. If no such notice is received by the City, the contractual grievance shall be deemed withdrawn.

13.3 Employees shall have the right to Union representation in all investigatory interviews that the employee reasonably believes will result in disciplinary action against him or her.

ARTICLE 14 SICK LEAVE AND LONG TERM DISABILITY

14.1.1 Employees covered by this Agreement who are not granted disability leave pursuant to State Statute RCW Chapter 41.26,030(19) (disability leave) shall accrue sick leave at the rate of .046 hours for each regularly scheduled hour of work including paid time off.

14.1.2 Effective upon signing, and as directed by Local 2898 on an annual basis, employees covered by this Agreement who are not entitled to disability leave under State Statute RCW 41.26, shall either receive a cash payment or cash out sick leave upon retirement into a VEBA trust fund designated by the Union to pay health insurance premiums or other legally authorized healthcare costs for eligible future retirees and dependents, at the following rates:

* Accumulated sick leave hours between 0 and 400 shall be cashed out at 25%;

* Accumulated sick leave hours between 401 and 800 shall be cashed out at 50%;

* Accumulated sick leave hours above 800 shall be cashed out at 75%.

14.1.3 in the event of the death of an employee while employed by the City who is eligible for the sick leave cash out benefit described above in section 14.1.2, such employee's beneficiary shall be paid a portion of the employee's accumulated and unused sick leave in accordance with section 14.1.2.

14.1.4 Payoff in 14.1.2 and 14.1.3 shall be made at the rate of pay of such employee upon retirement or death respectively.

14.1.5 Employees who transfer to other City departments shall transfer all accumulated and unused sick leave to the new position in the accepting department.

14.2 For such employees identified in 14.1.1 and 14.1.2 who are exposed to a communicable disease in the line of duty and for whom specific preventative medication is deemed necessary by a physician in order to prevent the employee from acquiring the disease, the City will reimburse any out-of-pocket costs for the preventative medication which the employee has incurred and for which he/she will not otherwise be reimbursed. To obtain reimbursement the employee shall present satisfactory documentation with a written request for reimbursement to the City for approval of payment.

14.3 At the discretion of the Chief of the Fire Department, employees who receive medical benefits outlined in Article 19, Section 19.1.2 of this Agreement, may be required to see a physician designated by the Chief of the Fire Department to verify disability resulting in layoff or claims of injury, illness, or any other disability which would prevent the employee from performing his/her duties.

14.4 The City agrees to allow the remaining portions of an employee's vacation, accumulated vacation days, holidays, or accumulated compensatory time to be used in place of sick leave for an employee who has exhausted his/her sick leave benefits.

(a) This provision is applicable to employees covered under 14.1.1 and 14.1.2 of this Article.

(b) Use of such time is subject to the same criteria for use of sick leave as described by Ordinance as cited above.

14.5 Leaves of absence without pay for medical reasons due to a non-duty related injury or illness may be granted to an employee who has exhausted all of his/her paid sick leave for a period of up to six (6) months upon written approval by the City.

14.6 Applications for a leave of absence for medical reasons without pay or an extension thereof must be made in writing to the Fire Chief with a copy to the Personnel Director and notice of such application to the Union President. The granting of such a leave of absence, and extension thereof, or the refusal of such a leave and reasons therefore, must be in writing from the City. If granted, the City's response shall specify the length of the leave of absence and whether or not the applicant will be guaranteed a job at the scheduled expiration of said leave of absence.

14.7 Applications for leaves of absence for medical reasons must be accompanied by a doctor's statement indicating the reason necessitating such a leave and the approximate duration if known. An employee who is ready to return from a medical leave of absence must also submit to the Chief of the Fire Department a doctor's statement that he/she is physically and mentally able to resume his/her normal duties.

14.8 If the employee has not been granted an extension of the leave of absence and does not report for work when scheduled to return from the leave of absence, the employee is considered to have quit. The Department shall send a registered letter to the employee stating that he is considered to have terminated employment if no answer is received within five (5) working days of receipt of the letter.

14.9 If the employee's former position is not available, the employee shall be notified of the first available position of comparable classification for which the individual is qualified. Such notice shall be sent by registered mail by the Chief of the Fire Department to the employee's last known address, with a copy to the Union President. If the employee fails to report for work or otherwise respond to the Chief of the Fire Department within one (1) week from the date of receipt of the notification, or if the notification letter is returned unclaimed, the employee shall forfeit all reinstatement rights.

14.10 Under the terms and conditions of the parties' Memorandum of Agreement, dated April 1, 1999, the City shall provide mandatory payroll deduction for monthly premium costs of a disability insurance plan to be selected periodically and administered by the Union.

14.11 Employees may apply for non-paid Family Medical Leave per the terms of City Ordinance 116761.

14.12 An employee who goes on leave does not have a greater right to reinstatement or other benefits and conditions of employment than if the employee had been continuously employed during the leave period.

14.13.1 Industrial Insurance. In no circumstances will the amount paid to an employee entitled to Industrial Insurance payments exceed the employee's gross pay minus mandatory deductions.

14.13.2 Employees must meet the standards listed in SMC 4.44.020 to be eligible for the benefit amount provided herein, which exceeds the rate required to be paid by state law, hereinafter referred to as supplemental benefits. These standards require that employees: 1) comply with all Department of Labor and Industries rules and regulations and related City of Seattle and Seattle Fire Department policies and procedures; 2) attend all treatments and meetings related to rehabilitation and work hardening, conditioning or other treatment arranged by the City and authorized by the attending physician; 3) accept modified or alternative duty assigned by supervisors when released to perform such duty by the attending physician; 4) attend all meetings scheduled by the City of Seattle Workers' Compensation unit or the Seattle Fire Department concerning the employee's status or claim when properly notified at least five (5) working days in advance of such meeting, unless other medical treatment conflicts with the meeting and the employee provides twenty-four (24) hours' notice of such meeting or examination.

14.13.3 The City will provide a copy of the eligibility requirements to employees when they file a workers' compensation claim. If records indicate two (2) no-shows, supplemental benefits may be terminated no sooner than seven (7) days after notification to the employee.

14.14 LEOFF I Dependent Care Leave

Employees covered by this Agreement who are entitled to disability leave under State Statute RCW 41.26 (LEOFF I) will be provided a paid leave bank called "Dependent Care Leave" to use for dependent care.

The City authorizes the use of Dependent Care Leave to care for an eligible family member of the LEOFF 1 member who has an illness, injury, or health care appointment requiring the absence of the LEOFF I member from work, or when such absence is recommended by a health care professional. For purposed of Dependent Care Leave, "eligible family member" has the same meaning as provided in Seattle Municipal Code 4.24.005(A); and "health care professional" has the same meaning as provided in Seattle Municipal Code 4.24.005(B). Dependent Care Leave may not be used for any other purpose.

Effective January 1, 2009, at the beginning of each calendar year, each full-time LEOFF I member will accrue an additional 48 hours of Dependent Care Leave to be added to the existing hours in his/her Dependent Care Leave bank. The annual accrual of Dependent Care Leave hours for parttime LEOFF I members will be prorated. Unused Dependent Care Leave hours will be carried over to the next calendar year. There is no cap or maximum limit on the number of hours a LEOFF I member may accumulate in his/her Dependent Care Leave bank. LEOFF I members who transfer to other City departments may not transfer any accumulated or unused Dependent Care Leave to the new position in the accepting department. LEOFF I members may not donate Dependent Care Leave hours to other members or City employees. Dependent Care Leave hours may not be cashed out or paid off upon retirement or at any other time.

14.15 VOLUNTARY EMPLOYEE BENEFIT ASSOCIATION ( VEBA)

14.15.1 Effective July 3, 2013, the City will contribute $25 per month to the VEBA specified by Local 2898 for employees covered by this Agreement who are not entitled to disability leave under State Statute RCW 41.26.

14.15.2 Effective January 1, 2014, the City will contribute $50 per month to the VEBA specified by Local 2898 for employees covered by this Agreement who are not entitled to disability leave under State Statute RCW 41.26.

ARTICLE 15 JOINT LABOR MANAGEMENT AND JOINT

SAFETY COMMITTEES

15.1.1 The Union and the City agree to maintain and actively engage in a Labor Management Relations Committee.

15.1.2 The Committee shall be composed of a balance of representation from represented employees which may be from any bargaining unit with employees assigned to the Fire Department and non-represented employees, which shall include the Director of Labor Relations or designee.

15.1.3 The Committee shall be co-chaired by a representative from labor and a representative from the Fire Department administration.

15.1.4 The purpose of the Committee is to deal with matters of general concern to employees and administrators of the Department. The Committee may engage in discussion concerning matters of a Collective Bargaining nature. However, any agreement that may change the interpretation or application of this Agreement shall be subject to the ratification processes of the parties.

15.1.5 Nothing in this section shall be construed to limit, restrict, or reduce the management prerogatives outlined in this Agreement.

15.1.6 This section shall not deny any employee his/her rights granted under provisions of City, State and/or Federal Law.

15.2 The Union shall have one voting member on the Joint Safety Committee. The member shall be appointed by the President of Local 2898.

ARTICLE 16 UNION BUSINESS

16.1.1 Employees who are Union officials (three officers who constitute the Union's Executive Board) shall be granted one shift or a portion thereof without loss of pay to conduct Union business if a replacement acceptable to the Chief of the Department or his/her designee is arranged for by the Union. The cost of such replacement shall be paid by the Union.

16.1.2 Such employees may be granted time off without pay to conduct Union business at the discretion of the Chief of the Fire Department.

16.1.3 All requests and arrangements for the time off shall be made by the Union official at least one shift prior to the proposed time off whenever possible.

16.1.4 In emergencies, the request may be submitted orally and later confirmed in writing. While working on shift, Union officials agree not to transact Union business that interferes with Department functions or normal routine. Upon written approval of the Chief, the Union President and/or his/her designee from the Union's Executive Board may be granted a reasonable amount of time off per year with pay to conduct official Union business, excluding all State legislative lobbying or activities. The Union will maintain a log of the actual time spent pursuing approved Union activities.

16.2 Union business may be conducted in the fire stations with permission of the Chief of the Department.

16.3 The Department will allow the Union use of bulletin board space in each station in a convenient location, which the Union may use for the posting of notices of official Union business. Material posted shall not refer to political matters nor to generally controversial subjects.

16.4 The City agrees not to restrict written communications between Local 2898 and its members if such written communication does not result in interference with the routine or the effectiveness of the station.

16.5 The Union agrees that any City property or facilities, including department apparatus, shall not be used for any non-duty related activities unless expressly approved by the Fire Chief or his/her designee in writing. Such requests may be made verbally and later confirmed in writing.

ARTICLE 17 MANAGEMENT RIGHTS

17.1 Any and all rights concerned with the management and operation of the Department are exclusively that of the City unless otherwise provided by the terms of this Agreement. The City has the authority to adopt rules for the operation of the Department and conduct of its employees, provided such rules are not in conflict with the provisions of this Agreement or with applicable law. The City has the right (among other actions) to discipline, temporarily lay off, or discharge employees for good cause, also to assign work and determine duties and performance standards of employees; to determine, establish and/or revise the method, processes and means of providing departmental services, to schedule hours of work; to determine the number of personnel to be assigned duty at any time; and to perform all other functions not otherwise expressly limited by this Agreement.

ARTICLE 18 PRODUCTIVITY AND PERFORMANCE OF DUTY

18.1 Nothing in this Agreement shall be construed to give an employee the right to strike and no employee shall strike or refuse to perform his/her assigned duties to the best of his/her ability during the term of this Agreement. The Union agrees that it will not condone or cause any strike, slowdown, mass sick call or any other form of work stoppage or interference to the normal operation of the Seattle Fire Department during the term of this Agreement.

18.2 Neither an employee nor the City will intentionally waive any provisions of this Agreement, unless such waiver is mutually agreed upon by the Union and the City.

18.3 In accordance with Seattle Municipal Code (SMC) 4.64.010, as amended, it shall be a condition of employment that in the event there is made against an employee any claims and/or litigation arising from any conduct, acts or omissions of such employee in the scope and course of their City employment, the City Attorney of the City shall, at the request of the Chief and on behalf of said employee, investigate and defend such claims and/or litigation and, if a claim be deemed by the City Attorney a proper one or if judgment be rendered against such employee, said claim or judgment shall be paid by the City in accordance with procedures established by Ordinance 104526, as amended, for the settlement of claims and payment of judgments.

18.4 The parties recognize that delivery of municipal services in the most efficient, effective and courteous manner is of paramount importance and interest to the City and Union and, as such, maximized productivity is recognized to be an obligation of employees covered by this Agreement. In order to achieve this goal, the parties further recognize that work procedures and assignments or the introduction of any and all new, improved or automated methods or equipment to increase the productivity and performance of individual employee(s), company(s), and/or Department, may be established and/or revised as set forth in Article 17.

ARTICLE 19 MEDICAL CARE, DENTAL CARE, VISION CARE AND LIFE INSURANCE

19.1.1 Medical Dental and Vision Care Programs For employees covered by this Agreement who were hired before October 1, 1977 and are covered by State Statute RCW 41.26, the City will provide a medical, dental and vision care programs, as established by the City, for the dependents of eligible employees under conditions of the medical, dental and vision care contracts applicable to employees covered by this Agreement and which were in effect upon the effective date of this Agreement.

19.2 Medical, Dental and Vision Care Programs For employees covered by this Agreement who are not covered by State Statute RCW 41.26 or who were hired on or after October 1, 1977, and who are not entitled to medical coverage under State Statute RCW 41.26, the City shall provide a medical, dental and vision care programs, as established by the City, for eligible employees and their eligible dependents under conditions of the medical, dental and vision contracts applicable to employees covered by this Agreement and which were in effect upon the effective date of this Agreement.

19.3 Effective July 1, 2013, the Employer shall contribute ninety percent (90%) and the employee shall contribute ten percent (10%) of the medical, dental and vision premiums for employees covered under the plans identified for "Most City Employees".

19.4 The medical, dental and vision plans offered by the City do not have to remain exactly the same as the programs in effect upon the effective date of this Agreement, but the medical/dental benefits shall remain substantially the same. The City may, at its discretion, change the insurance carrier for any of the medical, dental or vision benefits covered above and provide an alternative plan through another carrier. Benefit plan design changes will be accomplished through the Citywide Health Care Committee, however, any contemplated modification(s) to the medical or dental benefits afforded under the existing health care program(s) or a change in carrier(s) shall first be discussed with the Union party to this Agreement.

19.5 The City, at its discretion, may provide, and later discontinue if it deems appropriate, any other medical care, dental care or vision care options.

19.6 Life Insurance The City shall offer a voluntary Group Term Life Basic Insurance option to eligible employees. The employee shall pay sixty percent (60%) of the monthly premium and the City shall pay forty percent (40%) of the monthly premium at a premium rate established by the City and the carrier. Premium refunds received by the City from the voluntary Group Term Life Basic Insurance option shall be administered as follows:

19.7.1 During the term of this Agreement, additional premium refunds shall be divided so that forty percent (40%) can be used by the City to pay for the City's share of the monthly premiums, and sixty percent (60%) shall be used for benefit of the employees participating in the Group Term Life Insurance Plan in terms of benefit improvements, to pay the employees' share of the monthly premiums or for life insurance purposes otherwise negotiated.

19.7.2 Whenever the Group Term Life Insurance Fund contains substantial rebate monies earmarked pursuant to 19.9.1 and 19.9.2, the Union shall be notified along with the Unions representing other City employees. The City will negotiate whether the 60% rebate attributable to employee contributions will be used to help pay the employees' share of monthly premiums or for life insurance purposes otherwise negotiated.

19.8 Employees under the age of 65 who retire from City service shall be entitled to participate in the medical plans offered to active employees. The costs of the premiums for the plans shall be paid by the retirees. The retirees may elect to obtain coverage for their dependents at the time of retirement pursuant to the same terms and conditions as may active employees. The City will provide this option to retirees with tiered-rate premiums. Employees age 65 and older may also participate in medical plans provided such coverage is available through a contracted insurance carrier.

19.9 There will be one enrollment period for retirees to select a particular medical option which will remain in effect until age 65 or after age 65 provided such coverage is available through the contracted insurance carrier. Retirees must elect coverage within thirty (30) days prior to retirement or no later than thirty (30) days after the end of COBRA coverage and can only enroll eligible family members who were enrolled on a City medical plan immediately prior to retirement. Retirees can later remove dependents, but cannot re-enroll them at a later date. However, a retiree's spouse or domestic partner may delay enrollment if they have coverage through another employer at the time the retiree is first eligible to enroll. When coverage is lost with that employer, the spouse or domestic partner shall provide proof of loss of coverage and enroll within 31 days of loss of coverage. If a retiree declines coverage during the thirty (30) day initial enrollment period, he/she or his/her spouse, domestic partner or dependants cannot enroll at a later date. Any benefit changes to the medical and dental plans for active employees covered by this Agreement will automatically apply to the retiree plans.

19.10 The Department shall have the right to administer reasonable suspicion drug and alcohol testing, the terms of which have been negotiated pursuant to the parties' settlement agreement signed January 10, 2001.

ARTICLE 20 GENERAL CONDITIONS

20.1 Employees covered by this Agreement shall be interviewed and/or counseled whenever possible prior to the submission of a transfer recommendation. When possible, they shall receive one (1) week written notice when their location of employment is being changed. In filling transfer vacancies, the City shall reasonably consider seniority, merit and ability, and employee wishes if an employee makes such wishes known to the Chief.

20.2 The parties agree that Battalion Chief/Deputy Chief assignments will be rotated on a regular basis as outlined in the Chief Rotation MOA dated December 7, 2007, as amended by the parties.

20.3 Notwithstanding any provisions of this Agreement, the Chief of the Fire Department or his/her designees may meet privately with an employee(s) covered by this Agreement for purposes of counseling relative to grievances, discipline or any other personal or departmental problems.

20.4 The City agrees to notify an employee a minimum of thirty (30) calendar days prior to lay-offs for any reason with the exception of disciplinary action or discharge for good cause shown.

20.5 The rank of Fire Chief, Deputy is exempt from the jurisdiction of the Public Safety Civil Service Commission and the creation and maintenance of such a rank shall be at the sole discretion of the Employer. When such a rank exists, selection of employees for the rank of Fire Chief, Deputy shall be at the discretion of the Chief of the Fire Department.

20.6 Payroll Errors

A. In the event the City determines that there has been an error in an employee's paycheck, an underpayment shall be corrected as soon as practical and upon written notice an overpayment shall be corrected as follows:

1. If the overpayment involved only one paycheck or the amount of the overpayment is less than fifty dollars:

a. By lump-sum payroll deduction; or

b. By lump-sum payment from the employee.

2. If the overpayment involved multiple paychecks and the amount of the overpayment exceeds fifty dollars:

a. By a repayment schedule through payroll deduction not to exceed twenty-six pay periods in duration, with a minimum payroll deduction of not less than twentyfive dollars per pay period; or

b. By a repayment schedule not to exceed thirteen (13) pay periods, with a minimum payroll deduction of not less than fifty dollars, if the employee does not agree to a repayment schedule.

3. By other means, as may be mutually agreed between the City and the employee.

B. If an employee separates from City service before an overpayment is repaid, any amount due the City will be deducted from his/her final paycheck.

20.7 Meal Reimbursement While on Travel Status

An employee shall be reimbursed for meals while on travel status at the federal per diem rate. An employee will not be required to submit receipts for meals and may retain any unspent portion of an advance cash allowance for meals.

20.8 Ethics and Elections Commission

Nothing contained within this Agreement shall prohibit the Seattle Ethics and Elections Commission from administering the Code of Ethics, including, but not limited to, the authority to impose monetary fines for violations of the Code of Ethics. Such fines are not discipline under this Agreement and, as such, are not subject to the Grievance procedure contained within this Agreement. Records of any fines imposed or monetary settlements shall not be included in the employee's personnel file. Fines imposed by the Commission shall be subject to appeal on the record to the Seattle Municipal Court.

In the event the employer acts on a recommendation by the Commission to discipline an employee, the employee's contractual rights to contest such discipline shall apply. No record of the disciplinary recommendations by the Commission shall be placed in the employee's personnel file unless such discipline is upheld or unchallenged. Commission hearings are to be closed if requested by the employee who is the subject of such hearing.

ARTICLE 21 PENSIONS

21.1 Pensions for employees and contributions to pension funds will be governed by the Washington State Statute in existence at the time.

ARTICLE 22 SUBORDINATION OF AGREEMENT

22.1 It is understood that the parties hereto and the employees of the City are governed by the provisions of applicable Federal Law, State Law, and the City Charter. When any provisions thereof are in conflict with the provisions of this Agreement, the provisions of said Federal Law, State Law, or City Charter are paramount and shall prevail.

22.2 It is also understood that the parties hereto and the employees of the City are governed by applicable City Ordinances and said Ordinances are paramount except where they conflict with the express provisions of this Agreement and except where, in the event of changes to the wages, hours or working condition of employees covered by this Agreement, bargaining is required by RCW 41.56.

ARTICLE 23 SAVINGS CLAUSE

23.1 If any Article of this Agreement, or any Addenda hereto, should be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any Article should be restrained by such tribunal, the remainder of this Agreement and Addenda shall not be affected thereby, and the parties shall enter into immediate collective bargaining negotiations for the purpose of arriving at a mutually satisfactory replacement of such Article.

ARTICLE 24 ENTIRE AGREEMENT

24.1 The Agreement expressed herein in writing constitutes the entire Agreement between the parties, and nothing shall add to or supersede any of its provisions, except by mutual written agreement.

24.2 The parties acknowledge that each has had the unlimited right and 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 are set forth in this Agreement. Therefore, except as otherwise provided in this Agreement, the City and the Union for the duration of this Agreement, each voluntarily and unqualifiedly, agrees to waive the right to oblige the other party to bargain with respect to any subject or matter whether or not specifically governed by this Agreement, provided that Local 2898 does not waive its right to obligate the City to bargain with respect to any changes proposed by the City in the wages, hours, or working conditions of employees covered by this Agreement.

ARTICLE 25 DURATION OF AGREEMENT

25.1 This Agreement shall become effective upon signing by the parties and shall remain in effect through December 31, 2014. Written notice of intent to amend or terminate must be served by the parties five (5) months prior to the submission of the City budget in the calendar year 2011 as stipulated in RCW 41.56.440.

25.2 At the appropriate time as described in Section 25.1 above, any contract changes desired by either party must be included in the opening letter and shall not be accepted at a later date unless mutually agreed upon by both parties.

Signed this day of , 2013

SEATTLE FIRE CHIEFS ASSOCIATION, CITY OF SEATTLE

IAFF, LOCAL 2898 Executed under the authority of

Ordinance ______________

_______________________< u>

Alan Cox, President Michael McGinn, Mayor

_______________________________

Charles Cordova, Secretary-Treasurer

_______________________________

Richard Verlinda, Vice-President

APPENDIX A

Salaries shall be as provided below:

A.1.1 Effective January 4, 2012, salaries shall be increased by 1.8% and shall be in accordance with the following schedule:

Classification Start 6 months 18 months

Fire Battalion Chief $9,829 $10,182 $10,560

Fire Chief, Deputy $11,222 $11,635 $12,146

A.1.2 A fifteen percent (15%) salary differential rounded to the nearest dollar shall be maintained between the top salary steps of the Fire Battalion Chief and Deputy Fire Chief classifications.

A.1.3 Effective January 7, 2009, Battalion Chiefs assigned to administrative duties shall receive a premium equivalent to 10% of top step while so assigned in accordance with Article 6.1.4.

A.1.4 Effective January 2, 2013, salaries shall be increased by 1.4% and shall be in accordance with the following schedule:

Classification Start 6 months 18 months

Fire Battalion Chief $9,967 $10,325 $10,708

Fire Chief, Deputy $11,379 $11,798 $12,316

A.1.5 Effective January 1, 2014, the salaries enumerated in Appendix A, Section A.1.1 shall be increased by one hundred percent (100%) of the percentage increase in the Seattle-TacomaBremerton Area Consumer Price Index for June 2013 over the same index for June 2012, provided however, said percentage increase shall not be less than two percent (2%) nor shall it exceed seven percent (7%). The index used shall be the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W), All Items Revised Series (1982-84) as published by the Bureau of Labor Statistics.

A.2.1 The monthly longevity premiums after completing 20 years, 25 years and 30 years of service shall be increased by 1% based upon the top step of classification Fire Battalion Chief and shall be added to salaries in Section A.1.1 and A.1.4 during the life of this Agreement in accordance with the following schedule:

A.2.2 Longevity premiums shall be paid beginning with the first full pay period following the completion of the eligibility requirements. For the purpose of determining eligibility for longevity premiums, service shall be limited to time served in good standing as a uniformed member of the Seattle Fire Department.

A.3 All employees of the Seattle Fire Department shall be furnished a pay check stub which designates the hourly rate paid; in addition the pay check stub shall also outline deductions authorized by the employee or required by law.

APPENDIX B DEFERRED COMPENSATION

B.1 Beginning January 1, 2014, the City shall contribute 1.6% of the top step base salary of Battalion Chief to the City's deferred compensation program for all employees represented by Local 2898. The City's contribution shall be 1.6% regardless of whether or not the employee makes a voluntary contribution to the deferred compensation program. The parties agree that the payments made by the City to this program are not matching, and whether or not such payments should include the calculation for each employee's retirement benefit under RCW 41.16, RCW 41.18, RCW 41.18, RCW 41.20, RCW 41.26, or other public pension system shall be an issue of law about which the City shall take no position in any legal proceeding.

David Stewart/David Bracilano/sb PER Local 2898 CBA ORD ATT 1 February 21, 2013 Version #1