THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 106-LYNDEN - THE CITY of LYNDEN
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City ofLynden and lAFF-Lynden 2022-2025 CBA
AGREEMENT BY AND BETWEEN
THE CITY of LYNDEN
AND
THE INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS LOCAL 106-LYNDEN
EFFECTIVE January 1, 2022
UNTIL
December 31,2025
City of Lynden and lAFF-Lynden 2022-2025 CBA
TABLE OF CONTENTS
TABLE OF CONTENTS.................................................................................................................I
PREAMBLE......................................................................................................................
ARTICLE 1 SCOPE OF AGREEMENT ....................................................................................... 1
ARTICLE 2 NON-DISCRIMINATION ........................................................................................ 1
ARTICLE 3 MANAGEMENT RIGHTS ....................................................................................... 2
ARTICLE 4 DISCIPLINE.............................................................................................................. 3
ARTICLE 5 GRIEVANCE PROCEDURE.................................................................................... 5
ARTICLE 6 WORK STOPPAGE.................................................................................................. 7
ARTICLE 7 DEFINITION OF SENIORITY................................................................................. 7
ARTICLES JOB VACANCIES..................................................................................................... 8
ARTICLE 9 SHIFT BID PROCESS.............................................................................................. 8
ARTICLE 10 REDUCTION IN FORCE ....................................................................................... 9
ARTICLE 11 RETURN TO DUTY............................................................................................. 10
ARTICLE 12 WORK SCHEDULE.............................................................................................. 11
ARTICLE 13 LIGHT DUTY........................................................................................................ 12
ARTICLE 14 DEBIT TIME......................................................................................................... 13
ARTICLE 15 OVERTIME PAY.................................................................................................. 14
ARTICLE 16 COMPENSATORY TIME.................................................................................... 14
ARTICLE 17 CALL BACK TIME .............................................................................................. 15
ARTICLE 18 VACATION........................................................................................................... 16
ARTICLE 19 HOLIDAYS AND HOLIDAY PAY ..................................................................... 18
ARTICLE 20 SAFETY COMMITTEE........................................................................................ 19
ARTICLE 21 BEREAVEMENT LEAVE.................................................................................... 19
ARTICLE 22 SICK LEAVE ........................................................................................................ 20
ARTICLE 23 UNIFORMS AND SAFETY CLOTHING............................................................ 21
ARTICLE 24 HEALTH & WELFARE........................................................................................ 21
ARTICLE 25 MEDICAL/PHYSICAL EXAMINATIONS ......................................................... 23
ARTICLE 26 MEDICAL REIMBURSEMENT PLAN (MERP)................................................ 24
ARTICLE 27 WAGES ................................................................................................................. 25
ARTICLE 28 EDUCATION INCENTIVE.................................................................................. 25
ARTICLE 29 LONGEVITY INCENTIVE.................................................................................. 26
ARTICLE 30 SUBSTANCE ABUSE POLICY........................................................................... 26
I
City of Lynden and lAFF-Lynden 2022-2025 CBA
ARTICLE 31 PROBATIONARY PERIOD................................................................................. 26
ARTICLE 32 CONTAGIOUS DISEASE.................................................................................... 27
ARTICLE 33 WORKING OUT OF CLASSIFICATION............................................................ 27
ARTICLE 34 SHIFT EXCHANGE.............................................................................................. 28
ARTICLE 35 JURY DUTY.......................................................................................................... 29
ARTICLE 36 CONSOLIDATIONS............................................................................................. 29
ARTICLE 37 UNION DUES DEDUCTION............................................................................... 30
ARTICLE 38 UNION BUSINESS............................................................................................... 30
ARTICLE 39 RETIREMENT ...................................................................................................... 31
ARTICLE 40 DEFERRED COMPENSATION........................................................................... 31
ARTICLE 41 SAVINGS CLAUSE.............................................................................................. 31
ARTICLE 42 SOLE AGREEMENT............................................................................................ 31
ARTICLE 43 TERM OF AGREEMENT..................................................................................... 32
APPENDIX A-WAGE SCALE................................................................................................. 33
APPENDIX B - AGREEMENT ON DRUG AND ALCOHOL TESTING................................ 35
APPENDIX C-QUARTERMASTER SYSTEM....................................................................... 39
APPENDIX D-WEINGARTEN RIGHTS................................................................................. 41
II
City of Lynden and lAFF-Lynden 2022-2025 CBA
PREAMBLE
Pursuant to RCW 41.56, it is the purpose of this Agreement to achieve and maintain harmonious
relations between the City ofLynden and the International Association of Fire Fighters, Local
No. 106-Lynden, to provide for equitable and peaceful resolution of differences which may arise
and to establish proper standards of wages, hours, and working conditions for the employees
represented under this Agreement. The City ofLynden shall be known as the "City" and
International Association of Fire Fighters, Local No. 106-Lynden shall be known as the "Union"
for the rest of this document.
Ill
City of Lynden and lAFF-Lynden 2022-2025 CBA
ARTICLE 1 SCOPE OF AGREEMENT
1.1. Union Reco gnition
For the term of this Agreement, the City recognizes the Union as the exclusive collective
bargaining agent with respect to wages, hours, and working conditions for all full-time
uniformed employees of the City, excluding supervisors above the rank of "Captain",
confidential employees, and non-uniformed employees, as certified by PERC.
1.2. Application
Whenever the word "employee" appears in this Agreement, it shall apply only to those
employees for whom the Union is recognized as the exclusive bargaining agent, pursuant to
Section 1.1 of this Agreement,
1.3. Prevailing Rights
Upon receiving notice or knowledge of any intended change to a mandatory subject of
bargaining, the Union must notify the City of its desire to bargain the same within 30 calendar
days or it shall waive any bargaining rights. The union's failure to exercise any right,
prerogative, or function hereby reserved to it, or the Union's exercise of any such right,
prerogative or function in a particular way, shall not be considered a waiver of the Union'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 2 NON-DISCRIMINATION
2.1. Non-Discrimination
The City agrees not to discriminate against any employee for exercising his or her legal
rights to organize and bargain collectively under the Public Employees Collective
Bargaining Act (RCW Chapter 41.56). The City and the Union agree that there shall be
no discrimination against any employee because of membership or non-membership,
in Union, sex, race, color, religion, national origin, age, sexual orientation, or disability,
provided that it does not interfere with bona fide occupational qualifications.
City of Lynden and lAFF-Lynden 2022-2025 CBA
ARTICLE 3 MANAGEMENT MGHTS
3.1. Management Rights
Any and all rights concerned with the management and operation of the City are exclusively the
prerogative of the City, unless otherwise specified by this Agreement, provisions of the civil
service commission, or applicable law.
3.2. Management Functions
The City retains the sole right to manage the affairs of the City and to direct the working forces.
Such functions of management shall include, but are not limited to, the rights, in accordance with
the City'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.
D. To discipline employees.
E. To determine the number of personnel per shift and equipment staffing, including the
number of paid personnel.
F. To appoint employees to positions within the City.
G. To determine the number and location of City 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.
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.
City of Lynden and lAFF-Lynden 2022-2025 CBA
0. To introduce new and improved methods or equipment in order to improve the efficiency
and operation of the Fire Department.
3.3. Emergency Situations
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 City may take any and all actions as may be necessaiy to carry out the
mission of the City, which may include the suspension of notice requirements for schedule
change, provided that base wage rates paid for normal work schedules and insurance benefits
shall not be suspended.
3.4. Other Rights
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.
3.5. Protection of Rights
The City's failure to exercise any right, prerogative, or function hereby reserved to it, or the
City's exercise of any such right, prerogative, or function in a particular way, shall not be
considered a waiver of the City'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
4.1. Discipline
The City and the Union agree that in correcting inappropriate behavior, the City shall employ a
progressive discipline system consistent with the City's Corrective Action Process, which
consists of the following procedural steps. Depending on the severity of the inappropriate
behavior, discipline may begin at any step and include counseling, verbal and written warnings,
written reprimands, probation, demotions, suspensions without pay and termination.
Step One: Written-waming. Employee's supervisor meets with employee to inform
him/her of the specific behavior that is of concern. A written record of conference shall
be maintained by the supervisor and a copy forwarded to Human Resources for
placement in the employee's official personnel file.
Step Two: Written Reprimand. The supervisor shall, in writing via letter, memo, or email
schedule a meeting with the employee to discuss the continuance of the specific behavior
for which Step One was taken. A copy of the notice shall be forwarded to the employee's
Union representative. The employee may choose to arrange for his/her Union
City of Lynden and lAFF-Lynden 2022-2025 CBA
representative to be present at the meeting. The supervisor shall meet with the employee
to discuss the situation and make a determination regarding the behavior and complete a
written summary of conference. If the supervisor determines that corrective action is
needed, the employee will be issued a written reprimand, clearly defining the behavior
that needs correcting and the means of correction. A copy of the summary of conference
and the written reprimand shall be forwarded to Human Resources for placement in the
employee's official personnel file and to the employee's Union representative.
Step Three: Investigatory Interview. Supervisor and Fire Chief shall in writing schedule
an investigatory interview with the employee to discuss the continuance of the specific
behavior for which Steps One and Two were taken. A copy of the letter or email shall be
forwarded to the employee's Union representative. The employee may choose to arrange
for his/her Union representative to be present for the interview. Following the interview,
the supervisor or Fire Chief shall prepare a written summary of the investigation which
shall be forwarded to Human Resources for placement in the employee's personnel file.
The supervisor and Fire Chief will discuss the results of the interview with the Human
Resource M'anager and the City Administrator stating the conclusions reached and
declaring the disciplinary action, if any, up to an including demotion or termination.
The parties recognize that certain conduct may be of such a serious nature that to it is necessary
and appropriate to accelerate the progressive discipline approach. Conduct falling in this
categoiy, depending on its severity, may include, but shall not be limited to felony convictions, a
serious and willful breach of patient confidentiality; abusing patients; theft; intentionally
damaging the property of others; fighting; violation of the City's harassment or discrimination
policies; fraud; falsification of documents; insubordination; possession, use, or sale of alcohol or
illegal drugs while on City time or property, being under the influence of drugs or alcohol in said
circumstances, or abandonment of position. In such cases. The City may therefore, omit any of
the progressive discipline steps and proceed immediately to suspension while the matter is
investigated. Following an investigation, the Fire Chief, City Administrator, Human Resource
Manager, and Union representative will meet with the employee to discuss findings and advise
him/her of the decision, reason for the decision, and the status of his/her employment with the
City, which may include termination.
4.2. Copies of Allegations
Prior to imposition of discipline other than verbal counseling, and upon the employee's request,
the employee shall be provided a copy of the alleged violation and all relevant documents that
the City has in its possession. The City shall attempt to notify an employee of an investigation
into potential misconduct, unless the City determines that such notification violates a need for
confidentiality. The City shall allow an employee the opportunity to have a Loudermill meeting.
4.3. Union Representation
The employee, upon his/her request, shall have the right to have union representation present at
any meeting held with the City to discuss any action by the city that could lead or result to a
potential disciplinary action. (See Appendix C, Weingarten Rights.)
City of Lynden and lAFF-Lynden 2022-2025 CBA
4.4. Employee Inspection Rights
The employee shall have the right to inspect the full contents of his/her official personnel file
maintained in the City's Human Resource Office during normal business hours of the City. The
employee must arrange with the Human Resources Manager or his/her designee an appropriate
time to review their personnel file. The Employee agrees that he/she shall not be permitted to
review their personnel file unless a representative of the City is present during the entire
inspection period. The City agrees that an Employee's personnel file is confidential and will not
reveal the contents of that file to other Employees unless specific written instructions to do so are
received from the applicable Employee, or unless it is required by law.
Upon the request of the employee, he/she shall be provided with a copy of documents entered
his/her personnel file, which includes disciplinary actions. The employee may follow grievance
procedures outlined herein to challenge any document.
ARTICLE 5 GMEVANCE PROCEDURE
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.
5.2. Grievance Process
All grievances must be initiated under the grievance procedure within twenty (20) business days
of the alleged violation or at the time the employee. Union, or City became aware of, or should
have become aware of said alleged violation. Failure to file a grievance within the twenty (20)
business days constitutes a waiver of the grievance. At any time during the grievance review
procedure, it will be the right of any grievant to have a representative present.
Step 1: The 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. The Union shall present the grievance to the
Fire Chief or designee, who shall review the grievance and render a written decision
within fifteen (15) business days from the date of receipt.
Step 2: If the grievance is not resolved at Step 1, the Union shall submit the grievance to
the City Administrator or designee within fifteen (15) business days of receipt of the Fire
Chiefs decision. The City shall have discretion to determine what testimony or
additional evidence, if any, beyond the written grievance and the Chiefs decision is
necessary to resolve the grievance, and to schedule presentation of such testimony or
additional evidence. The City shall submit their written decision within thirty (30)
calendar days from receipt of the grievance. The City reserves the right to wave this step.
City of Lynden and lAFF-Lynden 2022-2025 CBA
Step 3: If the grievance is not resolved by the City Administrator decision, the parties
agree to submit the grievance to mediation by the Public Employment Relations
Commission (PERC). The Union must make such appeal within fifteen (15) business
days of the City Executive Board written decision.
Step 4: If the grievance is not resolved in mediation, the Union may notify the City of its
decision to submit the grievance to arbitration. The Union shall give written notice to the
City of its intent to submit a grievance to arbitration within fifteen (15) working days of
the mediation meeting. Within fifteen (15) working days of the Union's request to
arbitrate, a representative of the Union and of the City 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 Public Employment Relations Commission (PERC). Upon receipt of the
list, the two representatives shall meet within fifteen (15) business days to alternatively
strike names until one name remains. The selected person shall serve as the sole
arbitrator.
Step 5: An 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.
5.3. Arbitrator Authority
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.
5.4. Arbitration Costs
Each party shall bear one-half(l/2) of the fee for the arbitrator and any other expense jointly
incurred incident to the arbitration hearing, such as the court reporter. All other expenses shall
be borne by the party incurring them, and neither party shall be responsible for the expense of
witnesses called by the other party. Each party is wholly responsible for, and will bear the entire
expense of, its own attomey(s), expert witnesses, fact witnesses, and other representatives,
regardless of the outcome of the arbitration award or who is determined to be the prevailing
party. In the event the arbiter determines either parties' case to be arbitrary or capricious the full
cost of arbitration will be the sole responsibility of that party.
5.5. Time Limitations
Time limits within this grievance procedure are of the essence of this Agreement and may be
waived or extended only by mutual written agreement of both parties. Failure of the grieving
party to respond within the established time limits will result in the grievance being resolved
based on the City's last response. If the City fails to respond within the time limits, the
grievance shall automatically proceed to the next step of the grievance procedure.
5.6. Sole Remedy
This grievance procedure is to be the sole and exclusive remedy for alleged violations of this
Agreement by the Union, the City, its officers, employees, and/or agents.City of Lynden and lAFF-Lynden 2022-2025 CBA
ARTICLE 6 WORK STOPPAGE
6.1. Work Stoppage
The City and the Union agree that the public interest requires the efficient and uninterrupted
performance of all services, and to this end, pledge their best efforts to avoid or eliminate any
conduct contrary to this objective.
The Union shall not cause or condone, and employees shall not engage in any work stoppage,
strike, slowdown, picketing, sympathy strike, walkout, absenteeism, or other interference with
the operations of the City. Should the same occur, the Union agrees to immediately take
appropriate steps to end such interference.
Employees who engage in any of the foregoing actions may be subject to immediate disciplinary
action, including discharge, and the Union may be subject to action in accordance with RCW
41.56.
6.2. Job Performance
Should any job action occur, while performing duties on behalf of the City, employees shall be
required to cross an established picket line to perform emergency or non-emergency activities.
ARTICLE 7 DEFINITION OF SENIORITY
7.1. Detemiining Seniority
Seniority shall be determined by continuous service with the City from permanent date of hire.
Resignation, discharge, suspension or retirement shall constitute a break of continuous service.
7.2. Breaks in Service
During any period where an employee is on an authorized leave-of-absence without pay,
suspension, or on layoff status, seniority shall not accrue, except where such accrual is required
by law. Upon returning to work after any such layoff or leave, the employee shall be granted the
level of seniority previously accrued in the rank to which he/she returns, except as required by
law.
7.3. Ranking
Employees with the same hire date shall be assigned to the seniority list in order of their ranking
in the hiring process.
7.4. Seniority List
The City shall provide the Union, annually, a seniority list as recognized by the City. Such list
shall be submitted to the Union by January 31 of each calendar year. The Union will review theCity of Lynden and lAFF-Lynden 2022-2025 CBA
submitted list, recommend any changes as necessary, and then confirm the list for the calendar
year. The Union shall provide confirmation to the City by February 28 of each calendar year.
ARTICLE 8 JOB VACANCIES
8.1. Vacancy Posting
The City shall notify the Union in writing whenever a regular bargaining unit job vacancy
occurs. Such notice shall be required to remain posted for a minimum of fifteen (15) calendar
days prior to the position being filled unless the business needs of the City will not permit the
full notification period.
8.2. Filling of Vacancies
Employees, who desire to apply for the vacant position, shall submit an application to the City of
Lynden Human Resources Department, no later than 1700 hours on the closing date posted on
the notification. The City will follow all civil service procedures when filling vacant positions.
8.3. Copy of Postings
The City, upon posting of the position, shall provide the Union with a copy of job postings for all
positions defined in this agreement.
8.4. Job Descriptions
The Union, upon request, will be provided with a copy of the "job description" for any existing
or new opening within the City.
ARTICLE 9 SHIFT BID PROCESS
9.1. Shift Bid
Assignments shall be determined by a shift bid process held in order of seniority within each job
class (Officer, Acting Officer, Fire Fighter). Bidding will be held every odd numbered year,
opening October 1st and closing October 15th. At the end of this period the new assignments will
be submitted to the Chief or designee for the purpose of updating the Department Organizational
Chart. Probationary Fire Fighters are assigned by the Chief or his designee and are exempt from
the shift bid. Fire Fighters may bid for shifts provided they are off probation prior to January 1
of the effective year. New assignments will be assumed on January 1 of the new year and will
remain in effect for two years. These assignments shall not be changed unless it is deemed
necessary by the Chief to correct a documented personnel problem.
9.2. Bid for Vacancy
At times throughout the year, vacancies may be created by retirement, resignation, promotion or
be filled by a demotion. This occurrence is defined as a shift vacancy. A shift vacancy will shift
bid process as follows:
8City of Lynden and lAFF-Lynden 2022-2025 CBA
Within ten (10) business days of this opening being created, the City shall notify the members of
the vacancy by City email. The notice shall include a deadline for interested members to submit
a letter of interest. Interested members shall submit a letter of interest to the Fire Chief or his
designee prior to the deadline. Shift bidding will be open for fifteen (15) days, to any full time
employee meeting the appropriate requirements who has fulfilled probation; Fully commissioned
officers may only apply for officer positions.
The Fire Chief, or his designee, will then fill the vacancy, taking into account the following: (i)
seniority, (ii) the member's status as an acting officer and//or (ill) the needs of the City.
If no member applies for a vacancy, and the operational needs of the City dictate that this
position be filled, the Fire Chief or his designee may assign a member temporarily to the shift
vacancy. Such assignment shall be accomplished by formal letter issued to the member more
than the 96 hours 'notice described in Section 12.2. Such temporary assignment letter shall
indicate the ending date for the temporary assignment; provided, however, that this may be
extended by the City if notice is given to the affected member at least prior to the termination of
the temporary assignment. The member will be afforded the opportunity to permanently be
reassigned (thereby vacating their previous position). If the member elects not to be permanently
assigned, the member will be returned to their prior position at the conclusion of the temporary
assignment. All vacation days requested by the employee during the temporaiy reassignment
shall be granted by the employer and Section 18 shall not apply to such member during such
temporary assignment, and not beyond the next calendar year.
In the event an acting officer has moved shifts to fill a temporary assignment, as supervisor, they
will not be able to remain in said assignment but will return to their last held position at the
expiration of their temporary assignment. This is not to supersede Section 32.2.
If two ranking members wish to swap shifts, and it is mutually agreed upon, they may apply to
do so to the Fire Chief.
ARTICLE 10 REDUCTION IN FORCE
10.1. Reduction in Force
In the event a work force reduction is required, employees with the least seniority shall be laid
off first or reduced in rank first. Should the reduction in force necessitate any reduction in rank
for remaining personnel, the person(s) with the least seniority in the higher rank shall be reduced
first. Reduction in rank shall be based on time in grade (classification).
10.2. Reinstatement and Address Notification
Upon lay-off, the employee will be placed on a reinstatement list, for eighteen (18) months.
Employees on lay-off status shall keep the City notified of address, telephone number and hours
at which he/she may be contacted.City of Lynden and lAFF-Lynden 2022-2025 CBA
ARTICLE 11 RETURN TO DUTY
11.1. Return to Duty from Layoff
In the event of a call to return to duty, the last employee laid off shall be the first employee
recalled. New employees shall not be hired until all laid off employees have been given an
opportunity to return to duty. Should the City be unable to notify an employee for return to duty,
that employee will be considered to be terminated from employment with the City.
11.1.1. The Fire Chief, or designee, shall require that all employees returning to duty
from layoff successfully pass a medical physical, physical agility test,
background check, and drug screen prior to being reinstated to full time
employment. In addition, the Fire Chief shall review each returning employee's
driving record to ensure compliance with city's policy and insurance
requirements.
11.1.2. The Physical Agility Test will be conducted as per Physical Agility Testing
procedure.
11.1.3. The cost of the medical physical and drug screen shall be paid by the City.
11.1.4. Employees returning from layoff who fail the retum-to-work medical physical,
physical agility test, background check, or drug screen, or who have incurred a
driving offense that precludes compliance with the City's policies and insurance
requirements, may not qualify for full time employment and therefore shall be
considered terminated.
11.2. Return from Extended Sick or Disability Leave
11.2.1. Prior to returning from extended sick or disability leave, the Fire Chief may
require a certification of fitness for duty from the employee's treating physician.
("Return to work certification".) Based on the nature of the leave.
11.2.2. The Fire Chief may accept the proper "Return to Work" documentation as
defined by Fire Department Policy and certified by the employee's attending
physician.
11.2.3. The City at their expense may refer the employee to another physician of the
City's choosing for evaluation of fitness to return to duty. Such physical
examination by the City's physician shall be limited to the employee's fitness for
duty.
11.2.4. In the event the physicians 'opinions differ, the physician appointed by the City
will document the basis for the difference in opinion and, if applicable,
recommend a plan for the employee's return to work.
10City of Lynden and lAFF-Lynden 2022-2025 CBA
11.2.5. In the event of a continuing dispute, the issue may be submitted to mediation,
then arbitration.
ARTICLE 12 WORK SCHEDULE
12.1. Schedule of Workdays
The City has the right to schedule workdays, hours of work and shift assignments, and as such
shall assign personnel to a work schedule consistent with the needs of the service and the
provisions of this agreement.
12.2. Work Schedule Change Notice
The City shall provide the affected employee, and Union in writing, at least 96 hours' notice of a
change in his/her regular work schedule, by telephone messages, e-mails, and/or page whenever
possible.
12.3. 24-Hour Shift Employees
24-hour shift employees are those employees assigned to work 24-hour shifts. 24-Hour shift
personnel shall work 0800 hours to 0800 hours, one (1) day on-duty, followed by two (2)
consecutive days off. For the purpose of defining the work period limitations under the 207(k)
exemption of the Fair Labor Standards Act, the work period limitations for 24-hour shift
employees shall be a maximum of two hundred-four (204) hours in twenty-seven (27)
consecutive days.
12.4. Work Schedules
24-hour shift employees shall work a three-platoon schedule. Platoon shifts shall be 24
consecutive hours. In determining the number of shifts worked, the schedule shall prevail.
In addition to A, B, and C Shifts, the Chief or his designee may assign a "Floater" position. The
Floater" shall be assigned to a 24-hour shift schedule. The schedule will be assigned after the
Bargaining Unit Vacation and Kelly Day calendar has been approved, and with consideration
given to the vacation choices of the employee. This schedule will not include more than three (3)
Holidays. Any shifts worked outside of this schedule will be paid in accordance with overtime
rules applicable to all employees. Any schedule change to the "Floater" shall not impact the
Vacation selection made by other 24-hour employees. The "Floater" shall not be scheduled more
than 48 hours consecutively. The position will be assigned to the lowest Firefighter on the
seniority list, unless bid for by a more senior Firefighter. Probationary firefighters are exempt
from being assigned as "Floater".
12.5. "Kelly Days"
"Kelly Days" shall be awarded to employees to prevent exceeding the maximum hours during a
twenty-seven (27) day work period. "Kelly Days" shall be defined as days off for the sole
11City of Lynden and lAFF-Lynden 2022-2025 CBA
purpose of lowering the hours worked. "Kelly Days" shall not be rescheduled because of
sickness or injury. (Reference made to 29 CFR sections 553.230.)
12.6. Work S chedule Computations
Work schedule computations are complex and create fractions of shifts and inconsistencies with
respect to hours worked and the amount of time off earned by each employee; therefore,
fractions of shifts are rounded to the nearest 24-hour shift in determining the work schedule
which most clearly approximates the defined 27-day work period. The work schedule is
illustrated below. (The beginning sequence will vary according to an individual's assignment at
the beginning of each year)
24-HOUR SHIFT SCHEDULE WILL INCLUDE ONE KELLY DAY IN EACH TWENTY
SEVEN (27} DAY WORK CYCLE
TOTAL KELLY DAYS OFF PER CALENDAR YEAR = 13
12.7. S cheduling Leave
Only one employee shall be permitted to schedule vacation, Kelly Days, compensatory time, and
debit time leave per scheduled shift unless approved by the Chief or their designee.
12.8. Continuous Duty Limitations
Employees shall not be allowed to be on continuous duty in excess of forty-eight (48) hours,
except as approved by the Fire Chief or designee. Even if approved by the Fire Chief or his/her
designee, employees may only work in excess of 48 continuous hours voluntary and not on a
mandatory status unless a declared emergency/disaster has been made. Employees shall have a
minimum of 12 hours off shift period prior to returning to shift duty.
The City and the employees mutually agree that unique work schedules may be required for
certain represented positions within this agreement. If the need arises for such a unique work
schedule other than the work schedules identified in sections 12.3 and 12.4 above, adjustments in
work schedules may be made by mutual consent of both parties to this agreement and shall be
addressed in a Memorandum of Understanding (MOU). However, such adjustments shall not
exceed the work hour limitations as defined in 12.3 or 12.4 of this article.
ARTICLE 13 LIGHT DUTY
13.1. Light Duty
When an Employee is unable to perform regular duties due to job related injury or illness, and
the Employee is receiving the Employer supplement as outlined in RCW 41.04.520, the
Employee may be required to perform light duty tasks within the Fire Department, subject to the
approval of the treating physician.
13.2 Non-Related Work Iniury
12City of Lynden and lAFF-Lynden 2022-2025 CBA
When an Employee is unable to perform regular duties due to non-job-related injury or illness
and appropriate alternative work, as defined by the Fire Chief, is available, the Employee may
request assignment to light duty tasks within the Fire Department. Limited duty assignments
shall be subject to availability of work and will be contingent upon the employee's physical
condition and the attending physician's recommendations.
13.3 Light Duty Work Schedule
The Chief will set the light duty schedule, during normal administrative hours. The limit of time
an Employee may be assigned to light duty due to injuries covered in this Article shall be
determined by applicable statutes or at discretion of the Fire Chief, whichever is longer.
13.4 Light Duty Compensation
Employees on light duty shall remain at the same rate of pay and be given all step increases,
incentives and accrual rates afforded to them per this contract.
ARTICLE 14 DEBIT TIME
14.1. Debit Time Program
The City and the Union recognizes the need to continually improve the level of service for our
customers. To meet this goal, and for the safety of its employees, the City will offer a Debit-
Time Program.
14.1.1. The purpose of debit time is to allow Union employees the opportunity to
accumulate time-off credit (at straight time), to either acquire training or instruct
training as needed to meet the level of service identified by the needs of the
City. Debit Time shall only accumulate for actual time spent in training.
14.1.2. Debit-time shall be utilized for the purpose of training or instructing for the City,
or any other pre-approved purpose related to training.
14.1.3. Any Union employee will be allowed to accumulate up to 96 hours of debit time
each calendar year.
14.1.4. If a Union employee exceeds the 96-hour maximum accrual, the City shall pay
the employee at straight time for all hours over the 96-hour maximum accrual.
14.1.5. Any unused time in excess of 24 hours will expire on January 31 st of the
following year. Any unused time less than 24 hours may be carried over into the
next calendar year.
14.1.6. Debit-time shall not be used as a tool to provide coverage for any scheduling
problems i.e. overtime, vacation, holiday, K-day, sick leave, etc.
14.1.7. Debit-time is a voluntary participation-trainmg program and is not required to be
completed or attended.
13City of Lynden and lAFF-Lynden 2022-2025 CBA
14.1.8. The City shall pay for all classes, seminars, and other training opportunities it
determines to be mutually beneficial. The requested training shall be
commensurate with the duties of the employee requesting such training. All
costs, including registration, books, lodging, and per diem shall also be the
responsibility of the City.
14.1.9. Debit time used will be requested a minimum of 6-days prior to the requested
time off and scheduled subject to the approval of the Fire Chief or designee.
14.1.10. When a Union employee no longer works for the City for any reason, he/she
shall be compensated at their regular hourly salary for balance of the Debit-time
they have accumulated.
ARTICLE 15 OVERTIME PAY
15.1. Overtime Definition
All unscheduled hours worked over the defined total number of scheduled hours as defined in
Article 12 shall be identified as "Overtime Hours" and shall be paid at the appropriate overtime
rate.
15.2. Court Appearances
Employees mandated by Subpoena to appear on their off-duty time at inquiries, hearings or court
for matters which arise in connection with the employee's performance of duty shall be
compensated at the overtime rate of pay.
15.3. Payment for Overtime
Overtime shall be computed at the standard FLSA rate of time and one-halfthe normal pay rate
as identified in Appendix "A" of this agreement. Such payment shall be rounded up to the next
highest one-quarter hour.
Employees who are eligible for "Overtime Payment" shall have the option of requesting that
such payment be credited in the form of "Compensatory Time", or shall request the actual
payment of overtime funds, provided that overtime payment in the form of "Compensatory
Time" is done in accordance with Article 16 of this agreement.
ARTICLE 16 COMPENSATORY TIME
16.1. Definition
Compensatory time shall be defined as time off from work taken in lieu of actual overtime
payment where such time is accumulated/taken at a rate of one-and-one-half (1-1/2) times the
number of overtime hours worked as defined in Article 15.
14City of Lynden and lAFF-Lynden 2022-2025 CBA
16.2. Accrual Limits
Compensatoiy time, in lieu of payment for overtime, shall be at the request of the employee, and
shall be granted on the mutual agreement of the City and the employee. Employees can only
accumulate up to a maximum ofninety-six (96) hours. All additional overtime hours worked in
excess of the maximum accumulated limits shall be paid at the appropriate overtime rate.
16.3. Leave Requests
The employee may take acquired compensatory time off with the prior permission of the Fire
Chief, or his/her designee, only if such a request does not unduly dismpt departmental
operations. Employees requesting compensatory time off shall make such requests a minimum
of six (6) days prior to the requested time off and so that the amount of any time off requested
shall be no less than one-half(l/2) hour.
16.4. Compensation upon Separation
The employee shall be compensated at his/her regular rate of pay for all unused compensatoiy
time upon termination or retirement.
16.5. Compensatory Time as Payments
The employee may take accumulated compensatory time as payment throughout the year. The
employee will request in writing to the Fire Chief the number of hours that he/she wish to be
paid out for.
ARTICLE 17 CALL BACK TIME
17.1. Definition
Emergency call back time shall commence when the employee has reported to his/her duty
assignment during off-duty hours and terminates when the employee is relieved from the
emergency. The City shall pay a minimum of two (2) hours of call back time, except when an
employee is required to extend a normal work shift to complete an emergency assignment.
17.2. Reporting for Duty
Employees covered by this contract shall not be subject to residency requirements but must be
able to report to the City's headquarters station within forty-five (45) minutes of notification to
be considered for emergency call back assignments. Employees are not compensated for
commuting time.
17.3. Address Notification
All employees are responsible for maintaining that their current address is on file with the City
and for promptly informing the City of any changes in address. This requirement applies even
when changes in address are temporary.
15City of Lynden and lAFF-Lynden 2022-2025 CBA
17.4. Telephone Requirement
All employees, who wish to be considered for emergency call back time, must have a telephone
so they may be contacted in emergency situations. Employees are responsible for maintaining
that their current telephone number is on file with the City, and for promptly informing the City
of any change in telephone number.
17.5. Release from Duty
Employees called back to work may be released from duty by the senior officer on duty after less
than 2 hours of work if such service is not needed, or if it is judged to be for the benefit of the
City. Any employee who leaves overtime duty without being released by the senior officer at the
scene shall be deemed to have waived the provision for a minimum of 2 hours overtime pay and
shall be subject to disciplinary action for an absence without leave.
17.6. Call Back Procedure
Both parties of this contract agree to call back personnel for overtime in accordance with the
established procedure as agreed upon by the Labor/Management Committee.
ARTICLE 18 VACATION
18.1. Rate of Accrual
18.1.1. Twenty-Four Hour Shift Employees
Twenty-four (24) hour shift employee shall have the following paid vacation.
The above schedule includes 96 hours in lieu of holiday time. (See Sectionl9 .2)
During years of Hours a Month Hours a Year Days a Year
employment
1 (01-12 months) 14 168 7
2 (13-24 months) 16 192 8
3-4 (24-48 months) 18 216 9
5-7 (49- 84 months) 20 240 10
8-10 (85-120 months) 22 264 11
11-15+ (121-180 26 312 13
months)
16City of Lynden and lAFF-Lynden 2022-2025 CBA
18.2. Annual Vacation Schedule
18.2.1. The City shall publish the annual work schedule for the following year no later
than November 1 of each calendar year.
18.2.2. Vacations selection will be made in order of seniority using a process that will
be managed by the Union.
18.2.3. The vacation schedule will be published as part of the regular shift work
schedule and will be published with a copy being sent to each employee and the
Union on December 1 of each year.
18.2.4. "Blackout Holidays" shall consist of the following annual holidays that are
prohibited from any type of leave signup: Christmas Day, New Year's Day,July
4l , and Thanksgiving. Employees may exchange time with another employee to
accommodate time off.
18.3. Vacation
The annual vacation schedule shall be subject to and approved by the Fire Chief. Vacation leave
shall be granted in the order of seniority with the most senior employee being allowed to select
vacation leave first.
18.3.1. Annual vacation leave shall not be granted until after the employee has
completed one (1) year of service with the City. New employees who begin
employment with the City after Januaiy 1 of each calendar year shall receive
vacation leave credit prorated from the date of employment until the end of that
calendar year. This will reset the employee's accrual date to Januaiy 1st of each
year.
18.3.2. Employees may carry no more than one year s accrual plus 48 hours of vacation
leave over into the next calendar year.
18.3.3. Only one employee shall be permitted to schedule vacation leave per scheduled
shift, unless approved by the Chief or their designee.
18.3.4. Once vacations have been established, the Fire Chief or his designee and the
requesting employee must mutually agree upon changes.
18.3.5. In the event of separation of employment for any reason an employee shall be
compensated for accrued vacation hours, which have not been used.
18.3.6 Accrued vacation shall be available for use in the calendar year following the year
that it was earned.
17City of Lynden and lAFF-Lynden 2022-2025 CBA
18.4 Forced Shift Changes
In the event a member is moved shifts other than by their own accord, forced move or
promotion, any and all vacation days selected by the member will be granted for the remainder
of the calendar year, at which point they will pick on the new shift per current contract article,
for the proceeding years.
ARTICLE 19 HOLIDAYS AND HOLIDAY PAY
19.1. City Recognized Holidays
19.1.1. The City recognizes 1 0 eight-hour days as "legal holidays" per calendar year:
New Year's Day January 1
Martin Luther King Day Third Monday in January
President's Day Third Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day First Monday in September
Veterans 'Day November 11
Thanksgiving Day Fourth Thursday in November
Day after Thanksgiving Friday after Thanksgiving
Christmas Day December 25
19.1.2. In addition, the City recognizes the following two eight-hour Employee
Holidays"
Personal Holiday Personal Choice
Birthday Personal Choice
19.2. Holiday Time and Vacation Accruals
3.In lieu of holiday time off, the employee shall have 96 hours added to their vacation accruals
for each calendar year. (See Section.) (18.1)
19.3. Holiday Work and Compensation
19.3.1. Employees are required to work holidays according to the work schedule.
19.3.2. In the event that a mandated unscheduled shift falls on a legal holiday, that shift
shall be compensated at two times the current hourly rate.
18City of Lynden and lAFF-Lynden 2022-2025 CBA
ARTICLE 20 SAFETY COMMITTEE
20.1. Definition
The City and the Union agree to participate fully in the Department Safety Committee to
promote a safe workplace and reduce work-related injuries and illness. The Committee shall
propose safety and health standards for the City to achieve the safest workplace reasonably
attainable under the conditions to which employees are or will be exposed. The employees shall
elect one person from each shift to the Safety Committee.
20.2. Minutes
Minutes from each meeting shall be posted no later than two weeks after each meeting, per WAC
296-800-13020
ARTICLE 21 BEREAVEMENT/OTHER LEAVE
21.1. Time Off
If an employee covered by this Agreement suffers a death of his or her spouse, son or daughter,
such employee shall be allowed up to three (3) working shifts off without loss of pay. If an
employee covered by this Agreement suffers a death to other members of the immediate family,
such employee shall be allowed up to one (1) working shift off without loss of pay.
21.2. Immediate Family
"Other" members of the immediate family shall be defined for this purpose as the employee's
mother, father, brother, sister, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-
law, daughter-in-law, grandparents, grandchildren, of either employee or spouse. This is for
existing marriages only and does not include any previous marriage relationship.
21.3. Additional Time Off
Accrued sick leave, may be used if additional time off is needed. Employees may use accrued
vacation or a combination of accrued sick leave and accrued vacation.
21.4 Other than Immediate Family
One (1) shift of accrued sick leave may be used to attend the funeral of a friend or a family
member that is not listed above.
21.5 Birth or adoption of a Child
Employees that have just had a birth or adoption into their immediate family are granted one (1)
shift off without loss of pay.
19City of Lynden and lAFF-Lynden 2022-2025 CBA
ARTICLE 22 SICK LEAVE
22.1. Accruals
All full-time employees shall accrue sick leave at the rate of twelve (12) hours per month, for
each month of city employment. All employees under this contract not eligible for LEOFF 1
benefits shall be entitled to a beginning sick leave bank in the amount of 96 hours (4-24 hours
shifts).
22.2 Accruals on Paid Leave
Employees on paid leave shall continue to accrue sick leave at the specified rate.
22.3 Sell Back
A. For employees hired on or before December 31 ,2021: Upon accumulation of 1040 hours
of sick leave, the employee may sell back to the City any number of hours over 1040 at
fifty percent (50%) of the current rate of pay the employee is receiving at the time of the
"sell back". This "sell back" must occur at the end of the calendar year (last payroll
check) and only then. The employee must notify the City payroll department, on a form
supplied by the City, no later than December 1 st of each year.
B. Employees hired after December 31, 2021, will not have the option to "sell back" sick
leave hours.
C. Accumulation of sick leave beyond 1136 hours on December 31 of the year of accrual
will cause the employee to lose those hours accrued beyond the maximum limit.
22.4 When Applied
Paid sick leave may be used in accordance with the Washington State Sick Leave Law RCW
49.46/WAC 296-128
22.5 Sick Leave Verification
For absences exceeding three (3) consecutive shifts, the City may require, on a discretionary
basis, documentation to verify an absence was for an authorized purpose related to the
employee's use of sick leave for himself/herself or to care for a covered family
member/dependent.
22.6 Unused Sick Leave at Separation
A. Upon separation of employment with the City, in good standing, the employee will
receive pay for all of his/her accumulated sick leave at the rate of 50% base salary.
20City of Lynden and lAFF-Lynden 2022-2025 CBA
B. Employees hired after Dec. 31st, 2021, will receive 25% base salary for accumulated
hours of 0-749 and 50% for accumulated hours of 750-1136 at retirement up to 1136
hours.
22.7 Coordination with Workers Comp
Sick leave pay shall be coordinated with any time loss paid by the State of Industrial Insurance
Program. The actual amount paid by the Employer shall be the only amount changed against the
employee's sick leave. Employees may use sick leave to supplement worker's compensation in
order to provide full regular pay.
ARTICLE 23 UNIFORMS AND SAFETY CLOTHING
23.1. Issued Uniforms
Uniforms and all safety clothing shall comply with both N.F.P.A. and W.A.C. standards. All
employees who fall under this Agreement will reference APPENDIX C Uniform Purchase and
Replacement [Quartermaster System].
ARTICLE 24 HEALTH & WELFARE
24.1. IVIedical, Prescription Drugs
Throughout the term of this Agreement, the City agrees to pay premiums on behalf of all eligible
employees, spouses as defined by the insurance provider, and their dependents to purchase
medical and prescription drugs, subject to the below described eligibility rules in the amounts
described herein. The applicable medical plans provided to all employees are Regence
HealthFirst 250 and Kaiser Permanente 200. The employee shall have the option of choosing
either plan during open enrollment.
The City will pay ninety (90%) of the premiums for the employee, the employee's spouse, and
dependents for the plan of the employee's choosing.
At no time during this contract will the City initiate a reduction in medical or prescription drug
benefits. If upon the expiration of this agreement a new agreement has not been agreed upon by
both parties, health benefits will be maintained by the City until a new agreement has been
approved by both parties or until the City pursues its right to seek a modification in health
benefits via interest arbitration or otherwise, as authorized by law.
However, if the Association of Washington Cities (AWC) discontinues the current medical and
prescription plan(s), the parties agree to re-open the contract solely for bargaining replacement
coverage.
21City of Lynden and lAFF-Lynden 2022-2025 CBA
24.2. Vision and Dental Insurance
Throughout the term of this Agreement, the City agrees to provide vision and dental benefits and
pay 100% of the premium costs for vision and dental insurance for all eligible employees,
spouses as defined by the insurance provider, and their dependents.
At no time during this contract will the City initiate a reduction in vision and dental benefits. If
upon the expiration of this agreement a new agreement has not been agreed upon by both parties,
health benefits will be maintained by the City until a new agreement has been approved by both
parties or until the City pursues its right to seek a modification in vision and dental benefits via
interest arbitration or otherwise, as authorized by law.
24.3. Eligibility Rules for Insurance
New employees will become eligible for insurance coverage immediately upon their date of hire.
The City agrees to pay insurance premiums on behalf of an otherwise eligible employee for each
month following a month in which the employee is compensated for at least eighty (80) hours,
subject to the limitations noted above.
24.4. Scope of City Responsibility
The City's responsibility under this Article 24 is limited to the payment of necessary premiums
to purchase the insurance described in Section 24.1. It has no liability for the failure or refusal of
the insurance carrier to honor an employee's claim or to pay benefits and no such action on the
part of the insurance carrier shall be attributable to the City or constitute a breach of this
Agreement by the City. Under no circumstances shall the City be responsible for paying any
benefits under this Article 24. No dispute arising under or relating to this Article 24 shall be
subject to the grievance procedure set forth in Article 5 of this Agreement, except an allegation
that the City has failed to pay the premiums required to purchase the insurance coverage.
24.5. Change in Carrier
The City will have the option during the term of this Agreement to change carriers, or to institute
a self-insured program, with the similar or improved benefit levels in coverage. This option may
be instituted at the sole option of the City without further bargaining with the Union.
24.6. Use of Tobacco Products
New employees shall be non-users of tobacco products. The City shall provide employee
assistance to all incumbent employees currently using tobacco products to end tobacco use.
24.7. Physical Fitness
The City and Union recognize that there is mutual benefit to employee Physical fitness. To this
end, employees shall be allowed a minimum of one hour per shift for the sole purpose of
physical fitness to be coordinated with shift supervisor. Physical fitness activities shall be
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