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HomeMy Public PortalAbout150-2004 - Amends 37-2004 (Firefighters)4 YEAR CONTRACT - 2004, 2005, 2006, 2007 # 37 2005 CONTRACT YEAR - WAGES AND BENEFITS PROFESSIONAL NEGOTIATION CONTRACT THIS AGREEMENT, executed as of the � day of A�d 2004, although signatures may be subsequently affixed, is between the City of Richmond, Indiana, (hereinafter referred to as "City") and the Richmond Professional Firefighters, Inc., Local 1408 of the International Association of Fir.-ifighters AFL- CIO, on behalf of those members of the Richmond Fire Department, (hereinafter referred to as the "Union"). WHEREAS, the members of the Fire Department of the City of Richmond, Indiana are engaged in providing an essential public service to the community which affects the health, safety, comfort, and general well-being of the citizens of said City; and WHEREAS, a majority of the members of said Fire Department belong to and actively support the said Union and its policy; and WHEREAS, the Parties desire to set forth in writing the City's administrative policy in dealing with the Union, and the terms and conditions of employment for the Firefighters during the term of this Agreement. NOW, THEREFORE, in consideration of the terms and conditions contained herein, including the above recitals, the parties agree to the following which shall be binding upon the City and all Firefighters. ARTICLE 1 THE UNION AND CITY RELATIONSHIP The Union and the City agree to cooperate fully for harmonious relations, good working conditions, fair and impartial discipline and efficient fire -fighting service for the citizens of the City of Richmond, Indiana. ARTICLE 2 UNION RECOGNITION The City hereby recognizes that the Union represents a majority of the firefighters of the City. The City, therefore, recognizes the Union as the sole and exclusive bargaining agent for all firefighters (as defined in Article 3 hereof) of the City in all matters pertaining to rate of pay, wages, hours of employment and other conditions of employment of said employees, and further agrees to bargain with no other such agent for said employees during the life of this Agreement. ARTICLE 3 DEFINITIONS The term "Bargaining Unit", "Employee", "Firefighter(s)", or member of the Fire Department wherever used in this agreement shall apply to all personnel in the Fire Department, but shall exclude the following who shall not be covered by this Agreement (provided, the following who are members of the Union shall not be excluded for purposes of Article 28 (B)): Amending Contract No. 37 -- 2004 Contract No. 1.50-2004 (a) Fire Chief (b) Assistant Fire Chief (c) Battalion Chief (d) Chief of Fire Prevention (e) Training Officer (f) Secretarial/Clerical As used in this agreement, the term "Training Committee" refers to a committee made up of five members of the Richmond Fire Department, (two from the Bargaining Unit, two from the Chief's office and the fifth being chosen and agreed upon annually by the four). The parties agree to place a high priority on a quality training program for all fire department personnel who are and who may be assigned to the prevention and suppression of fires. The responsibility of this committee will be to assure a continuous training program for both new and seasoned Firefighters. In conjunction therewith, there shall be appointed by the Fire Chief a '?raining Officer" to implement and oversee the above training. In the event of a vacancy in this position, a replacement must be appointed by the Chief within 30 days. As used in this Agreement, the term "Fire Chief" or "Chief" shall mean the Chief of the Fire Department or, in his absence, his authorized representative by established chain of command. As used in this Agreement, the term "Supervisor" shall mean a Lieutenant, Engineer/Driver-Operator or Firefighter 11 (with five (5) or more years of service with the Richmond Fire Department) having a State Master Certification in Tactics, Inspection and Investigation or a Lieutenant, Engineer/Driver-Operator or Firefighter II (with five (5) or more years of service with the Richmond Fire Department) having met and been certified by the State of Indiana to have met NFPA Fire Officer One requirements or any Lieutenant "Grandfathered" to that current rank. After December 31., 2000, any member not already eligible to work as a "Supervisor" with five (5) or more years of service with the Richmond Fire Department shall be required to complete course work and hold Certification by the State of Indiana as Fire Officer I and 11 prior to working as a "Supervisor" or being eligible for promotion to Lieutenant. As used in this Agreement, the term "Certified Firefighter" is a Firefighter who has been certified to drive and operate specific apparatus based upon Richmond Fire Department's Certification, which is based upon NFPA 1002. As used in this Agreement, the term "Station Dress" consists of three (3) uniform pants, three (3) uniform shirts, three (3) uniform T-shirts and three (3) uniform sweatshirts. ARTICLE 4 MANAGEMENT RECOGNITION The Union recognizes the statutory procedures outlining the authority of the various Departments, officials, and employees of the City as well as the specific right of the Fire Chief and the Board of Public Works and Safety to hire, discipline, transfer, promote, demote, suspend, and discharge, as well as to direct the working force of the Richmond Fire Department, subject to the procedures as hereinafter set forth concerning the grievance procedure and seniority. ARTICLE 5 UNION MEMBERSHIP SECURITY Ali Employees who are covered by this Agreement, who are members of the Union, shall pay Union dues. Non-members may be assessed a service charge to the Union, in an amount equal to their fair share of negotiations and costs associated with defending this contract. 4 All new Firefighters, after expiration of the probationary period, who are hired on or after the date of the execution of the agreement shall be required, as a condition of their employment, to either become members of the Union, or, in the alternative, pay a service charge to the Union in an amount equal to their fair share of costs associated with negotiations and defending this contract. ARTICLE 6 PAYROLL DEDUCTIONS The City will honor individual authorizations to deduct dues or service charges in an amount as established by the membership of the Union, voluntarily executed by the Employee, provided the same conforms to applicable law and provided further that such authorization may be revoked by the Employee upon written notice to the City and the Union of the Employee's desire to do so. The Union shall maintain a file of such authorizations and shall provide copies of the same to the City upon request. ARTICLE 7 DISCRIMINATION The City agrees not to discriminate against any Firefighter for any reason according to all Federal, State and Local laws. ARTICLE S PERMITTED ATTENDANCE ON DUTY Firefighters, while on duty, shall be permitted to attend meetings between the Board of Works and Safety when there is Fire Department business on the agenda. Firefighters may also attend any meetings that are part of the grievance procedure. Firefighters on duty who are certified to the Chief by the Union President as being members of the Union Negotiations Team shall be permitted to attend scheduled meetings with representatives of the City. Firefighters serving on such boards or committees of the Union, certified to the Chief by the Union President, shall be permitted to attend meetings of such boards or committees as have been reasonably scheduled and advance notification given to the Chief. Firefighters on duty shall remain in service while attending any such meetings. ARTICLE 9 UNION BUSINESS & FIREFIGHTER'S RIGHTS SECTION I -- Union Business A. A maximum of three (3) Firefighters shall be afforded time off with pay to attend the State Convention of the Union; and a maximum of two (2) Firefighters shall be afforded time off with pay to attend the National Convention of the Union, said Firefighters having been certified to the Chief by the Union President at least seven (7) days in advance of such conventions. Such time off with pay shall be limited to the Firefighter's normal duty days which occur during the regularly scheduled sessions of such conventions, and shall not include travel days. The Union shall submit to the Chief a written report and provide handouts issued at such conventions for the City's copying purposes, of information learned or discussed which is of general informative nature beneficial to the City, for any such convention for which time off has been granted. B. Additonaliy, the Union President and one (1.) designee shall be granted time off 3 with pay to attend classes or seminars on negotiations and how to conduct business for the Union. There is to be a maximum of one (1) class or seminar allowed per year. C. Upon reasonable notice to the City's designated management representative of at least twenty four (24) hours (unless circumstances preclude such 24 hours notice, in which case the City shall be given reasonable notice under the prevailing circumstances), Union representatives who are not regular employees may have access to areas of City owned or occupied property generally restricted to the public for purpose of conducting Union business. The Union representative shall identify the area of requested access and shall state the reason for the requested access. A representative of the City management may escort the Union representative to such non-public area and may remain with the representative during his/her presence in that area, except during those times when the Union representative is engaged in private conversation with a bargaining unit member. Access under this section shall be carried out in accordance with the City's applicable safety policies. Such access shall not constitute an unreasonable interference or disruption of the conducting of regular business operations in or on the area of special access. SECTION II - Rights of Firefighters A. If a Firefighter is charged with a crime for conduct occurring during the course of the Firefighter's duties with the City and such conduct was at the express direction of the Firefighter's supervisor or other member of City management in a situation wherein such City management members are not also criminally charged, then the City shall provide a Firefighter a defense to such action by an attorney selected by the City. The City shall also indemnify the Firefighter for any such fine that might be imposed as a result. B. A Firefighter who is not on duty shall not be subject to discipline without pay or loss of rank for off - duty behavior or activity unless the behavior involves an allegation of moral turpitude, a criminal conviction or plea, or adversely affects the fulfillment of the Firefighter's work responsibility. However, a Firefighter may b' subject to discipline where a Firefighter is suspended, with pay, pending resolution of criminal charges for alleged activity that occurred while the Firefighter was off -duty. The definition of "moral turpitude" will be established by an assigned committee of the Richmond Fire Department. Selection of members for said committee will be determined by the Union membership with approval from the Fire Chief. ARTICLE 10 GRIEVANCE PROCEDURE The grievance procedure for Firefighters shall consist of three (3) steps outlined in the following procedure. Each step and each time limit is mandatory and non waivable by any party. Step One - all grievances must be filed within ten (10) administrative working days of the event or occurrence forming the basis for the grievance, and shall be settled within five (5) administrative working days by direct meeting and contact between the employee and Local Steward, if requested by said employee, and the employee's Lieutenant, and if the Lieutenant so desires, the Battalion Chief for the particular employee. Step Two - if the grievance is not satisfactorily settled by completion of the first step outlined above, then the complaint of the employee shall be presented to the Fire Chief in written form within five (5) regular office days after the initial meeting between the employee and the parties as provided in step one. The complaintant shall describe, in detail, the nature of the alleged violation, eg: violation of this Agreement, of SOP, etc; and why the employee believes it is a violation. The Fire Chief shall thereupon arrange a meeting with the aggrieved employee, his or her Union Representative, any witnesses, and/or any representative said employee may select to help present his or her case, which said meeting shall not be later than five (5) regular office days after the Fire Chief has received the grievance. Answers to any grievance by the Chief shall be made in writing to the Union within seven (7) 2 regular office days after said meeting. This Union must reply in writing within seven (7) regular office days thereafter as to what action, if any, it intends to take. At all times, through the above two stages, both parties shall acknowledge in some form, that the grievance procedure steps are being taken. Step Three - If a satisfactory settlement is not reached through completion of step two above described, then the said grievance shall be forwarded within thirty (30) administrative working days to the Board of Public Works and Safety of the said City in written form, and within fourteen (14) administrative working days after receiving said grievance, the Board of Public Works and Safety shall hold a final meeting between the said Board, the aggrieved employee, and the Union Grievance Committee, witnesses, and/or any representative said employee may select to help present his case. The Board shall make final answer within twenty-one (21) administrative working days after said final meeting. This does not preclude the aggrieved employee's rights to initiate civil action. ARTICLE 11 WORK WEEK Each Firefighter shall be regularly assigned to an average fifty-six (56) hour work week with the exception of the two (2) Inspection Specialists assigned to the Fire Prevention Division wherein the average work week shall be forty (40) hours. Engine companies, to remain in service, will have a Lieutenant/Supervisor, Engineer (Driver/Operator) or Certified Firefighter and Firefighter present. Rescue will be assigned two (2) personnel being a Lieutenant/Supervisor, and Engineer (Driver/Operator) or Certified Firefighter. The squad will be assigned tw (2) personnel, both EMT certified, being a Lieutenant/Supervisor and Engineer (Driver/Operator) or Certified Firefighter. The Richmond Fire Department shall consist of three (3) platoons and the City hereby agrees not to increase or decrease the number of platoons during the duration of this Agreement. The full force of the Firefighters Bargaining Unit shall consist of at least seventy-five (75) members covered by this Agreement as shown below: 24 Lieutenants 24 Engineers 25 Firefighters 2 Inspection Specialist When vacancies occur, the Chief shall proceed immediately to fill the vacancies pursuant to a Resolution of the Board of Works and Safety dated July 11, 1985, allowing vacancies to be filled within forty- five (45) days after the official open date of the vacancy. Any new positions created within the Department that is not a Supervisory position shall become part of the Bargaining Unit. ARTICLE 12 PAID HOLIDAYS/BIRTHDAY/PERSONAL DAYS All Firefighters shall receive one (1) days pay in addition to his regular pay for each such listed holiday. One days pay shall be equivalent to 1/260th of said members regular annual base pay. For the duration of this Agreement, the legal holidays for which one days additional pay shall be paid are: New Years Day, the day after New Years Day, Dr. Martin Luther King's Birthday, Presidents Day, Good Friday, Easter, Memorial Day, July 4th, Labor Day, Veterans Day, Thanksgiving Day, the day after Thanksgiving Day, and Christmas Day. 5 Also, each Firefighter shall be granted one (1) duty off per year with pay in observance of his or her Birthday. This duty day off must be chosen at the time of the drawing of vacations. Firefighters will not be granted this time off while three (3) Firefighters are off on vacation unless approved by the Fire Chief. Each Firefighter shall be allowed up to five (5) personal days. Personal days must meet the following criteria: 1. As per Agreement, the personal days are limited to no more than five (5) per person per year. Personal days that are not used shall not be carried over to the next year. 2. A personal day may not be requested more than thirty (30) days in advance. An effort is to be made by said member to give at least twelve (12) hours notice prior to the duty day requested. Any personal day requested with less than twelve (12) hours prior to the duty day will be handled by the Chief's office. 3. Personal days shall not be allowed on the following holidays: New Years Day, Easter, Memorial Day, Thanksgiving Day, Christmas Eve, Christmas Day, and New Years Eve. 4. A personal day may be paid back by using vacation days (if the day requested requires overtime, the day paid back must alleviate overtime) or on a day that requires overtime within the same 28 day cycle; however, it may be another cycle in which you would not exceed 212 hours. 5. A personal day shall not be granted if it creates more than five (5) people off duty. No more than two (2) people shall be off on personal day per day. 6. Any member granted a personal day must notify the Chief within seven (7) days as to which day they will pay back. 7. Personal days shall not be used for the purpose of fulfilling exchange of time obligations. 8. At no time shall a member owe the Fire Department more than two (2) unscheduled payback days. 9. When paying back personal days, the member paying back the day will be assigned at the Chief's discretion. The personal day portion of this Article will be evaluated and may be re -negotiated further at the end of 2004. Note: The intent of these guidelines is to insure that no more than five (5) members are scheduled to be off on any on Trick for any reason. These guidelines will also insure that the use of the personal days will not increase the overtime for filling the day-by-day minimum manning position throughout the year. The Chief's office will be responsible for clarification of any ambiguity or interpretation of these guidelines or clarification of the general use of the personal days to insure the intent is met. These guidelines do not apply to members off on Military leave. It is not the sole responsibility of the Chief's office to monitor these guidelines. R ARTICLE 13 EXCHANGE OF WORK TIME All personnel exchanging time shall be certified/qualified to work the requested exchange position. Exchange of time shall be subject to the approval of the company officer and final approval by the Battalion Chief, with approvals and denials to be in writing and no limitation placed on the number of exchanges. ARTICLE 14 COMPANYAND PLATOON EXCHANGE Firefighters of the same rank shall have the right to exchange platoons and company assignments, and upon mutual consent of both Firefighters involved, shall present such requests in writing to the Fire Chief, who shall grant such requests in writing within seven (7) calendar days when, in the opinion of the Fire Chief, the exchange does not interfere with the operation of the Fire Department or undermine (skirt) the bid system. ARTICLE 15 PERSONAL ARTICLES The City shall repair or replace eyeglasses, hearing aids and dental appliances broken or lost in the line of duty, as certified by the Firefighters Lieutenant and/or Battalion Chief; but shall not pay for re- �s examination. The City shall repair or replace personal watches up to a maximum value of fifty dollars ($50.00). ARTICLE 16 FIRE HOUSE MAINTENANCE No Firefighter shall be required to perform any major maintenance on any City facility, equipment or improvements, including but not limited to painting the exterior of buildings, roofing of buildings, making structural changes, paving, or pouring of concrete. The City shall provide suitable painting apparel when painting is required. ARTICLE 17 BULLETIN BOARD SPACE AND UNION MEETING SPACE The City agrees to provide adequate space in each Firehouse for the Union to hang a bulletin board for the Union notices, information, etc. When requested, and subject to availability and prior approval of a designated member of City management, the City shall provide the Union with meeting space in locations customarily used for employee meetings. The City also agrees that Firefighters on duty be allowed to attend Union meetings and Union functions but must remain in service. 7 ARTICLE 18 NEGOTIATIONS After an agreement has been reached between the Union and the City on matters pertaining to wages, working conditions, and fringe benefits, neither party shall thereafter alter or change the agreement, including the presenting of the City's budget to the Common Council. In the event a contract has not been agreed upon after the current contract has expired, the City and Union agree to adhere to the terms in the expired contract until a contract can be reached. ARTICLE 19 CALL BACK/OVERTIME Any Firefighter shall be subject to being called back to perform services under emergency conditions as deemed necessary by the Fire Chief or other designated officer. Payment of overtime when earned for emergency call-back or other overtime service shall be paid at the rate of time and one half the Employee's normal hourly rate. For purposes of being paid overtime, hours (or days) spent on work related education or scheduled vacation will apply to the necessary Fair Labor Standards Act hours requirement. Stated otherwise, if a Firefighter's monthly duty mandatory minimum time is met either through work, vacation, or schooling, and the Firefighter is called back for an additional day, overtime pay will apply to that day. This procedure will also apply if "sick time" is part of the monthly time calculated, with the exception that if the sick day is the work day immediately before or after the extra day worked, the overtime pay will not apply to that extra day. W, ARTICLE 20 CLOTHING ALLOWANCE The City shall provide and/or replace to members of the Fire Department equipment necessary to perform their duties, in accordance with I.C. 36-8-4-4(a). The City shall provide protective clothing as required by OSHA (currently: helmet, turnout coat, gloves). The City shall also provide to members badges, name bars, bunker pants, bunker (night) boots, suspenders, nomex hoods, and flashlights. All items provided by the City shall remain property of the City and subject to the provisions of I.C. 36-8-4-4(b). The City reserves the right to require the use by members of items so provided under specified circumstances. Any changes in uniform patches or insignia must be approved by a majority vote of the Union membership. Additionally, clothing/uniform/equipment items to be provided by the City shall be ordered only upon approval of the Board of Public Works and Safety of the City. The City shall pay to each member annually the sum of $500.00 for contract year 2005, $600.00 for contract year 2006 and $700.00 for contract year 2007, in a separate check from wages, for the purchase and maintenance of uniforms and clothing; such payment to be made annually no later than the first day of April. In the event any Firefighter shall separate employment from the department for any reason before the end of the year, any clothing allowance received shall be reimbursed to the City by the Firefighter on a pro-rata basis, and any clothing allowance not yet paid by the City shall be paid by the City to the Firefighter on a pro- rata basis. if Firefighters are required as a result of government or department regulation or action to change station dress, the cost in excess of station dress as worn at the time of this Agreement shall be paid by the city. Clothing type and make shall be approved by the Chief's office and clothing committee but may be purchased from any vendor carrying said uniform at the employee's discretion. The City shall provide all probationary Firefighters with their clothing needs during the probationary period and shall also pay them the $400.00 clothing allowance. The allowance will be pro -rated over twenty- six (26) pays during the probationary period. Upon becoming a permanent Firefighter, such employee shall also receive a pro -rated portion of the annual $400.00 normal clothing allowance to cover the balance of the year in which his probationary status ends. ARTICLE 21 STATION FACILITIES AND SUPPLIES The City agrees to provide facilities and a reasonable amount of equipment to enable Firefighters on duty to prepare and serve meals to other Firefighters on duty. The City also agrees to provide dish soap, dish towels, dish cloths, oven cleaner, wax, window cleaner, etc., to facilitate cleaning of housekeeping equipment. The personnel at each fire station shall be allowed time to go directly to the nearest grocery store to purchase needed food and staples. The City agrees to provide hand soap, shower and toilet'facilities at each Fire Station, to allow Firefighters to clean up while on duty. The City agrees to provide a bed, mattress, and pad at each fire station for the number of Firefighters on duty. The City agrees to furnish a telephone at each fire station that may be used by the Firefighters while on duty for local, personal calls. The City agrees to provide adequate locker space for each Firefighter at his assigned fire station. Each locker shall be equipped with a lock and the key issued to the Firefighter to whom the locker is assigned. ARTICLE 22 RULES AND REGULATIONS The Union agrees that its members shall comply with all Fire Department rules and regulations, including those relating to conduct and work performance. The City agrees that Departmental rules and regulations which affect working conditions and performance shall be subject to the grievance procedure. Any changes in the rules and regulations which apply to working conditions of the Richmond Fire Department shall be negotiated with the Union. A committee to review the Rules and Regulations shall be formed and shall meet every other year. Said committee shall consist of two (2) appointments by the Fire Chief and two (2) appointments by the Union President. Said completion of the review and or recommended revisions shall be complete by June 1, of every other year. ARTICLE 23 PREVAILING RIGHTS All rights, privileges, and working conditions enjoyed by the Firefighters at the present time, which are not included in this Agreement, shall remain in full force, unchanged and unaffected in any manner, during the term of the Agreement unless agreed upon by the City and Union. This includes, but is not limited to, the current sick leave practice followed by the Department and in place prior to January 1996. 6 Nothing in this Article shall prevent the exercise of management rights as recognized in Article 4. ARTICLE 24 SAVINGS CLAUSE if any provision of this Agreement, or the application of such provisions, should be rendered or declared invalid by any court action or by reason of any existing or subsequently enacted legislation, the remaining parts or portion of this Agreement shall remain in full force and effect. ARTICLE 25 BINDING AGREEMENT This Agreement shall be binding upon the successors and assigns of the parties hereto. ARTICLE 26 EDUCATIONAL INCENTIVE Each Firefighter having obtained the following education degrees or current certification shall receive additional compensation as set forth, following the termination of his probationary period: Associates Degree - $500.00; Bachelor Degree - $800.00; Masters Degree - $1,000.00; First Responder - $250.00 in 2005, $400.00 in 2006; $400.00 in 2007; Emergency Medical Technician - $500.00 in 2005; $650.00 in 2006, $650 in 2007; Paramedic - $750.00 in 2005; $900.00 in 2006; $900.00 in 2007. All Emergency Medical Technicians permanently assigned to Rescue shall receive an additional $500.00. A Firefighter certified as a MSA (Mine Safety Appliance) Technician and assigned by the Fire Chief to serve as the Department's "Self Contained Breathing Apparatus Specialist" shall receive an additional $250.00. Any Firefighter who receives a second educational degree after September 1, 1977, may only receive compensation for the highest degree earned (Associates, Bachelors, or Masters). This compensation shall begin with the next pay period following receipt of such degree or certification and the amount above stated shall be pro -rated over the balance of the year of which the degree or certification is received. The said amount shall be likewise pro -rated for a probationary member, starting with the pay period following the termination of his probationary period. Such degrees must be granted by an educational institution approved by one of the following regional accredited associations: 1. New England Association of Colleges and Secondary Schools 2. Middle States Association of Colleges and Secondary Schools, Commission on Institutions of Higher Education 3. North Central Association of Colleges and Secondary Schools, Commission on Colleges and Universities 4. Northwest Association of Secondary and Higher Schools, Commission of Higher Schools 5. Southern Association of Colleges and Schools 6. Western Association of Schools and Colleges, Accrediting Commission for Senior Colleges and Universities and Accrediting Commission for Junior Colleges Due to past changes in the contract and State Certification process, one (1) of the following three (3) categories must be achieved prior to being eligible to receive supervisory incentive pay. Category 1: All Firefighters with five (5) or more years of service with the Richmond Fire Department, regardless of rank, who Ito] have successfully completed State Master Categories in Tactics, Investigation and Inspection prior to December 31, 1997, will receive additional compensation of $150.00 for each of these Master Categories upon completion of all three. Category 2: All Firefighters with five (5) or more years of service with the Richmond Fire Department, regardless of rank, who are certified by the State of Indiana to have achieved NFPA Fire Officer One prior to December 31, 2000, will receive additional compensation of $450.00. Category3: Commencing January 1, 2001, all Firefighters with five (5) or more years of service with the Richmond Fire Department, regardless of rank, who are certified by the State of Indiana to have achieved NFPA Fire Officer One and Two will receive additional compensation of $450.00. Firefighters may be compensated for one (1) category of educational incentives for supervisory qualifications set forth in this paragraph: they cannot be compounded. Additionally, if approved by the Chief, the City will reimburse to a Firefighter the cost of educational courses directly related to his duties, upon the successful completion of such courses. Successful completion, in graded course work, shall mean obtaining a grade of at least a "C" or its equivalent. Although a school day may count toward requiring overtime pay for a particular month, the school day itself, will not be a paid day. Firefighters attending Fire Courses, that are allowed time off, will be set forth in Departmental SOP. ARTICLE 27 VACATIONS The length of each Firefighter's vacation will be subject to the approved schedule previously adopted a by the Board of Public Works and Safety as shown below: Employees with 6 months seniority 3 work days One year seniority 6 work days Two years seniority 6 work days Three years seniority 6 work days Four years seniority 7 work days Five years seniority 7 work days Six years seniority 8 work days Seven years seniority 8 work days Eight years seniority 9 work days Nine years seniority 9 work days Ten years seniority 9 work days Eleven years seniority 9 work days Twelve years seniority 9 work days Thirteen years seniority 10 work days Fourteen years seniority 10 work days Fifteen years seniority 11 work days Sixteen years seniority 11 work days Seventeen years seniority 12 work days Eighteen years seniority 12 work days Nineteen years seniority 12 work days Twenty years seniority maximum 13 work days All vacations are working days Fire personnel changing shifts shall re -schedule their vacation time, if necessary, to insure not more than three (3) Fire personnel are off on vacation at one time per shift. The system that determines when a Firefighter shall receive his/her vacation is as follows: 11 1. The drawing for vacations shall take place no sooner or later than the first full week in January of each year. 2. Firefighters may split their vacation not more than once. 3. Each platoon will be allowed no more than three (3) Firefighters off on vacation or birthday at a time. 4. All personnel covered by this Agreement shall draw within their respective platoons. 5. Vacations will be granted to the Firefighters with the greatest length of service on the Richmond Fire Department and assigned to a particular platoon. He will select his vacation first, and commencing by seniority until all vacation time is granted. Firefighters splitting vacation time will be allowed one choice the first draw, and after completion of the first draw, will be allowed to select, by seniority, their remaining vacation time. Firefighters with lay-off time shall be credited with non -active service time to be used only in the drawing of vacations. 6. Vacation time will be granted at anytime between January 1, and December 31, of each year. Any Firefighter with more than 3 work day vacation days per year shall be allowed to "sell back", on an annual basis, up to one half of his vacation days for a sum equal to the.number of days sold back times the Firefighter's normal daily rate of pay in effect at the time of the sell back. Such option may be exercised three times a year on April 1, July1, or October 1. For purposes of this paragraph, "normal daily rate of pay" shall be a sure calculated for said Firefighter by taking his or her annualized pay, including base pay, longevity pay, rank differential, educational sum, and dividing such annual sum by 260 days. Leaves of Absence Any leaves of absence shall be in accordance with the Personnel Policy of the City of Richmond, Indiana as adopted by the Board of Public Works and Safety with the authority being established by Indiana Code excluding any reference to personal days. ARTICLE 28 MEDICAL INSURANCE A. Active Employee Insurance Benefits: The City agrees to pay eighty percent (80%) of the cost of Firefighter's current medical insurance policy including, if applicable, the premium portion that is for their spouse and dependent children. The City shall have the right to change insurance carriers at its discretion, provided there is no reduction in benefits. Local 1408 shall appoint a member of its Bargaining Unit to serve on the City's Insurance Committee. B. Retiree Insurance Benefits: The City shall contribute toward the City's health insurance premiums of any retiree who chooses to remain on City insurance as shown in the schedule below and is subject to the following terms and conditions: (revised from 2001-2003 contract year) 12 Retiree Monthly Premiums - PPO Comprehensive Single $ 0 $ 109.78 Single plus 1 $ 51.24 $ 247.00 2/3 $ 102.48 $ 247.00 4/5 $ 128.13 $ 274.45 6 + $ 153.73 $ 301.89 1. A Retiree who subsequently obtains other employment may elect to carry two insurance policies provided the City policy is secondary. 2. An Eligible Retiree who has obtained subsequent insurance coverage through a successor employer and later loses that coverage for any reason may re -enroll in the City's insurance plan and be entitled to the above annual contribution toward such insurance. If the Retiree re - enrolls during a calendar year, the City's contribution for that calendar year shall be pro -rated on a monthly basis starting with the month that the Retiree becomes eligible for coverage under the City's plan. In any such case, the Retiree and his/her dependents shall not be covered for pre-existing conditions as those conditions are then defined at the time of re - enrollment by the City's plan document. 3. The City's contribution for Retiree health insurance benefits shall continue until the Retiree becomes eligible for Medicare coverage as prescribed by 42 U.S.C. 1295, et.seq. The amount of the City's contributions to any Retiree hereunder shall be subject to subsequent modification through the collective bargaining process and any resulting change in the terms` of this Collective Bargaining Agreement, whether such changes occur before or after a particular Retiree's effective date of retirement. 4. For purposes of this Article 28, an "Eligible Retiree" is defined to be any member of the RICHMOND PROFESSIONAL. FIREFIGHTERS, INC. Bargaining Unit who retires from active duty on the force, in good standing, and with twenty (20) or more years of accredited service as recognized in the particular retirement program in which the member is a participant [i.e. The 1937 Firefighters' Pension Fund (I.C. 36-8-6-1, et. seq.) or The 1977 Police Officers' and Firefighters' Pension and Disability Fund (I.C. 36-8-8-1, et. seq.)] or any member who, while an active member of the force, becomes disabled as determined by the PERF Board. 5. The insurance contribution benefits hereunder shall only be available to those Eligible Retirees whose first effective date of retirement is on or after January 1, 1996, and to those retirees and/or dependents of a retiree who are participating in the City's group health insurance plan as of December 31, 1995. ARTICLE 29 SENIORITY PROMOTIONS/DEMOTIONS All promotions within the Richmond Fire Department except to those ranks or jab classifications specifically excluded from coverage in this Agreement and the two Inspection Specialists, shall be made in a timely fashion on a seniority basis after adequate notice to the members. The most senior member requesting promotion and having met all required certifications for the appropriate classification as set out in General Administrative Rule 655 IAC 1-1 for the State of Indiana shall receive the promotion on a probationary status. 13 Certification and qualification for working in a supervisory capacity until December 31, 2000, shall be a Lieutenant, Engineer/Driver-Operator, or a Firefighter II (with five (5) or more years of service with the Richmond Fire Department) having a State Master Certification in Tactics, Inspection and Investigation or a Lieutenant, Engineer/Driver-Operator, or Firefighter 11 (with five (5) or more years of service with the Richmond Fire Department) having met and certified by the State of Indiana to have met NFPA Fire Officer One requirements or any Lieutenant "Grandfathered" to that current rank of Engineer/Driver-Operator, or Firefighter II having achieved NFPA Fire Officer One certification through the State of Indiana by test -out process prior to January 1, 2001, followed by the successful completion of course work, certification requirements and certification in Fire Officer 11 along with five (5) years of service on the Richmond Fire Department. This section refers to Squad 1 or any future primary EMS apparatus (i.e. additional Squads). Both Lieutenant and Driver/Operator must be at a minimum basic EMT to be able to work or be promoted to Squad. These promotions will follow the same guidelines as other promotions to suppression apparatus (i.e. engines, rescue, ladder truck) with the following exception: in order to bid off Squad to a suppression apparatus, a Lieutenant's or Driver/Operator's seniority must carry them within their rank in order to bid a vacancy sheet. If seniority does not carry, Squad Lieutenants and Squad Driver/Operators must bid a promotion sheet as to allow more senior non-EMT's a chance to bid a job they are qualified and have seniority to bid on. After December 31, 2000, any Firefighter not meeting the above requirements must have successfully completed course work, certification requirements and achieve certification in Fire Officer I and Fire Officer II along with five (5) years of service on the Richmond Fire Department prior to being eligible for work as a Supervisor or receive promotion to Lieutenant. Certification for the rank of Engineer/Driver-Operator shall bee., established as successful completion of State Firefighter II and Richmond Fire Department's Engineer/Driver- Operator based on NFPA 1002. All Firefighters hired after January 1, 2001, must attend and successfully complete and pass State Certification testing, at the City's cost, to become an Emergency Medical Technician. This must be completed within two (2) years from date of hire. Any Firefighter hired prior to January 1, 2001, who hold Emergency Medical Technician Certifications must maintain their certification for a minimum of five (5) years. Any firefighter who wishes to let their EMT Certification expire, prior to the five (5) year minimum, shall reimburse the City for the cost of the class and any overtime paid to the individual while attending the class. This reimbursement is only necessary when the City paid for the EMT class. If, after six (6) months from the time of promotion, the member receives a satisfactory review and/or the Chief does not remove said member from classification, his status is said to be permanent. He shall then receive his statutory rights. When a member cannot successfully complete his probation, the next most senior member having met all required certifications for the appropriate classification as set out in General Administrative Rule 655 IAC 1-1 for the State of Indiana, shall be accorded the same opportunity. Upon effective date of this Agreement, all members shall be grandfathered at the rank they hold and promotions from the date shall be based upon the appropriate certification. Seniority bid rights shall remain in effect until such time as ail members have been given the opportunity for appropriate training. A Training Committee shall be established consisting of representation of both the City and Bargaining Unit to establish training to assist members of the Richmond Fire Department to meet requirements for certification. 14 Moving by seniority. Whenever a vacancy occurs within a member's classification, in any firehouse or on any platoon, the most senior member within that classification shall be afforded the opportunity to fill said vacancy. Whenever an exchange of assignment is proposed within a member's classification, in any firehouse or on any platoon, the most senior member within that classification shall be first afforded the opportunity to express interest in either assignment. The exchange my only occur if a more senior member within that classification does not desire either assignment. Demotions that are requested by Firefighters, including those not otherwise covered under this agreement, shall be deemed voluntary demotions. Voluntary demotions may be accomplished by participation in bidding on promotions to job classifications covered under this Agreement. Non -bid voluntary demotions must be requested in writing to the Fire Chief. The Chief shall then fill the position of the Firefighter requesting demotion by promotion or vacancy bid as applicable, or by appointment as consistent with this Agreement, at which time the Firefighter requesting demotion shall be returned to the rank and pay grade of Firefighter with the attendant bidding rights. Demotions that are not voluntary shall be made in accordance with state law, applicable rules and regulations of the Department, and this Agreement, and may result in a Firefighter being returned to a rank and pay grade other than Firefighter, in which case the Chief shall retain the right to assign such Firefighter temporarily or permanently to such vacancies as exist during and after the course of the vacancy bid system. Promotions shall exist for bidding purposes only when the number of vacancies in a classification exceeds the number of Firefighters holding the rank and pay grade of such classification. Reduction in grade according to I.C. 36-8-3-4(m) shall be accomplished in accordance with the provisions of this paragraph. The Fire Chief retains the right to make such temporary assignments as he deems necessary to adequately provide for the public safety. ARTICLE 30 PHYSICAL EXAMINATIONS Firefighters will take physical examinations annually, with the total cost of the exam to be paid for by the City. If the Firefighter does not pass the physical examination, he/she will be put on a professional directed correction program. He/she shall remain on said program until such time that the Firefighter can pass the physical examination or meet the requirements necessary to receive their Fire Pension. Costs for follow-up physicals will be paid for by the Pension Board. Specialty Team members shall receive additional team specific testing for each specialty team they may be on. All testing will follow all NFPA, OSHA, and/or other federally mandated regulations. ARTICLE 31 NO STRIKE CLAUSE, LOCKOUT OR REDUCTIONS The Union agrees that it shall, at no time, instigate or be party to, any strike, slowdown, or other methods of interference to the efficient performance of the duty of the Richmond Fire Department. The City agrees there will be no lockouts or manpower reduction by layoffs within the Fire Department. follows: ARTICLE 32 WAGES Wages for the years 2005, 2006, and 2007, shall be paid by the City to the members of the Union as 15 SALARY - 3% across the board increase as follows - The annual pay for a probationary Firefighter shall be as follows: 2005 2006 2007 $33,432.45 $34,435.42 $35,468.48 The base pay for a Firefighter shall be as follows: 2005 2006 2007 Firefighter $37,621.78 $38,750.43 $39,912.94 Engineer $39,449.00 $40,632.47 $41,851,44 Lieutenant $41,135.11 $42,369.16 $43,640.24 Inspector $41,135.11 $42,369.16 $43,640.24 LONGEVITY PAY Longevity pay shall be calculated as follows: A. Longevity pay for Firefighter's having four (4) or lesson the Department shall be as follows: YEAR LONGEVITY PAY 1 $500.00 2 $500.00 3 $1,200.00 4 $1,200.00 B. Longevity pay for Firefighter's with five (5) years of service or more, shall be compensated at the following calculated rate: One half of One percent of base pay rate, times Years of Service, minus One year, plus $500.00. All longevity pay, whether calculated under paragraph A or paragraph B above, shall be paid in 26 equal installments of the year following the Firefighter's anniversary date on which he/she became eligible for such longevity pay. 16 PARTIAL CONTRIBUTION BY CITY TO MEMBER'S PENSION AND DISABILITY FUND The City shall contribute for each Firefighter as defined in Article 3 of this Agreement, a sum of one percent (1%) of the salary of a First Class Firefighter to the appropriate pension fund, as applicable to that particular member, as a partial employer contribution, as contemplated by the provisions of Indiana Code I.C. 36-8-7-8(5) or by I.C. 36-8-8-8(A). The sum of one percent (1%) contribution by the City effectively reduces the member's contribution to the fund by one percent (1%). In addition, all employee contributions shall be "tax deferred" pursuant to action by the City's Common Council. The salary of a 1st Class Firefighter with twenty (20) years longevity will be the certified salary for figuring pension contributions. Chief ARTICLE 33 INSPECTION SPECIALISTS Any Fire Prevention Division position appointed after December 31, 2000, shall be made by the Fire The Inspection Specialists shall work a forty (40) hour work week. Personnel holding the position of Inspection Specialist shall receive four (4) weeks and three (3) days vacation along with one (1) day as a birthday. The Specialists shall be able to split their vacation three (3) ways. All days shall be actual working days. ram, k1 The Inspection Specialist working overtime shall have the option of comp time or time and one Ralf compensation for the time spent working overtime. Comp time received shall be used within the same calendar year. It shall be the responsibility of the Specialist to maintain a cycle time sheet for the purpose of overtime documentation. The Specialist shall submit to the Division Chief the time sheet as an overtime payment request for the period. All overtime payments shall be paid the first pay following already established "28 day working cycles". The Fire Chief shall point the position of the Fire Prevention Inspection Specialist. To be considered for the appointment, personnel shall be established as a member with five (5) or more years of service with the Richmond Fire Department having successfully completed State Certification as a Master in Tactics, Inspection and Investigation or a member with five (5) or more years of service with the Richmond Fire Department having met and been certified by the State of Indiana to have met NFPA Fire Officer One, Inspector One, and Investigator One requirements or any Lieutenant "Grand fathered" to that current rank. After December 31, 2000, any member not already eligible to work as a "Supervisor" with five (5) or more years of service with the Richmond Fire Department shall be required to hold Certification by the State of Indiana as Fire Officer One and Two and receive Inspector One and Investigator One within their first year of appointment. Continuing education, as required by the Chief of Fire Prevention, such as Building Code update, in-depth investigation techniques, will be acquired after promotion to Inspection Specialist. ARTICLE 34 LIGHT DUTY OR LIMITED/RESTRICTED DENY POLICY Light Duty: Once a member has been released by their Physician to return to Light Duty, they may return to work. The Chief's office may find work or duties such as (but not limited to) answering phones, filing, data input, etc. for the member to perform within the limitations of the Physician's orders. 17 Limited or Restricted Duty: Once a member has been released by their Physician to return to Limited or Restricted Duty, they may return to work. The Chief's office may temporarily assign said member to duties such as Driver or Firefighter. However, once on the emergency scene, duties will be found for you to do staying within the limitations of the Physician's orders. These duties may include (but not limited to) Pump Operator with Helper, Assistant Pump Operator, Safety Officer, Battalion Chief Aid, Rehab Attendant, etc. Any member being released by their Physician to return to Light or Limited/Restricted Duty will not exceed 365 consecutive days due to the fact that the Department does not have any permanent light duty or limited/restricted duty positions. The Fire Chief, on a case by case basis, may consider to grant additional time for rehabilitation of said member. If said member cannot return to full duty status, disability pension proceedings may begin. ARTICLE 35 STANDARD OPERATING PROCEDURE Any changes in Standard Operating Procedure (SOP) or Book of Rules (BOR) pertaining to working conditions and privileges, will be mutually agreed upon by the City of Richmond management and a majority vote of the union membership. ARTICLE 36 EFFECTIVE DATE AND DURATION Language in this Agreement shall be effective as of the 1st day of January, 2005, and shall remain in full force and effect through the 315t day of December, 2007. Wages and benefits in this Agreement shall be effective as of the 1st day of January, 2005, and the City and Union agree to re -open the contract in 2006 and 2007 to negotiate feasibility of wage increase in excess of the minimum 3% agreed upon, beginning meet and begin bargaiRing f9F wages and benefits no later than June 1st, 2005, for the year 2006. 18 IN WITNESS WHEREOF, the parties, by their duly authorized representatives, execute this Agreement as of the date first set forth above although signatures are affixed on the dates below. RICHMOND PROFESSIONAL FIREFIGHTERS, INC., LOCAL 1408 of the International Association of Firefighters AFL-CIO By: President Y: f� Secretary/Treasurer Date: L U Y-- Approved By: Sarah L. (Sally) Hutton, Mayor Dater THE CITY OF RICMOND, INDIANA By and through its Board of Public Works and Safety LL 1 L:1 By. C� President By: Member By: - Member Date: 1-2-1 '3y �Y/ _ 19