HomeMy Public PortalAbout037-Firefighters Contract4 YEAR CONTRACT - 2004, 2005, 2006, 2007
# 37
PROFESSIONAL NEGOTIATION CONTRACT
THIS AGREEMENT, executed as of the _Q Kday of
may be subsequently affixed, is between the City of Richmond, Indiana, (hereinafter referred to signatures
"City") "
the Richmond Professional Firefighters, Inc., Local 1408 of the Inter ' 2004, although signatures
CIO, on behalf of those members of the Richmond Fire Department, (hereinafter referred to tYt ) and
International Association of Firefighters AFL -
WHEREAS as the "Union").
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 Firefi hters.
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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 In
diana.
ARTICLE 2
UNION RECOGNITION
The City hereby recognizes that the Union represents a majority of the firefighters of the City.
therefore, recognizes the Union as the sole and exclusive bargaining agent for all firefighters a
Article 3 hereof) of the City in all matters pertaining to rate of pay, wages, hours of employmenty The City,
conditions of employment of said employees, and further agrees to bargain with no g ( s defined in
employees during the life of this Agreement. and other
other such agent for said
ARTICLE 3
DEFINITIONS
The term "Bargaining Unit", "Employee", "Firefighter(s)", or member of the Fire Department
used in this agreement shall apply to all personnel in the Fire Department, but shall exclude the follow'
ng shall not be covered by this Agreement p ment wherever
excluded for purposes of Article 28 B (provided, the following who are members of the Union shall not be who
(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 trainin
for both new and seasoned Firefighters. In conjunction therewith, there shall be a g program
pFire
"Training Officer" to implement and oversee the above training. In the event of a vacancy nb his position, a
replacement must be appointed by the Chief within 30 days.
,a
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 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 II (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 been
"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 II prior to workingas
"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 b
upon NFPA 1002. based
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
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 f Works
the grievance procedure and seniority. forth concerning
ARTICLE 5
UNION MEMBERSHIP SECURITY
All 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 shar
negotiations and costs associated with defending this contract. a of
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All new Firefighters, after expiration of the probationary
pon orthe execution of the agreement shall be required, as a condition oflthe,
e,ir employm'entt, to a therebthe
ecomete of
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 8
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 an meetings
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 tmh that
representatives of the City. Firefighters serving on such boards or committees of the Union, certified
Chief by the Union President, shall be permitted to attend meetings of such boards or eas have
with
been reasonably scheduled and advance notification given to the Chief. Firefighters on dut committees ato the
service while attending any such meetings. y shall remain in
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 a to
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 a shallattend
the Firefighter's normal duty days which occur during the regularly scheduled sessions of such o nven ions,
to
b
and shall not include travel days.
o
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. Additonally, the Union President and one (1) designee shall be granted time off
with pay to attend classes or seminars on negotiations and how to conduct business for the Union. There
be a maximum of one (1) class or seminar allowed per year. is to
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 fpurpose
conducting Union business. The Union representative shall identify the a ealcted of equestedto theuic acl ess and shallof
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 If - 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 criminal)
charged, then the City shall provide a Firefighter a defense to such action by an attorney selected b the City.
The City shall also indemnify the Firefighter for any such fine that might be imposed as a result. y y
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
plea, or adversely affects the fulfillment of the Firefighter's work responsibility. However, a Firefighter may
subject to discipline where a Firefighter is suspended, with a or
alleged activity that occurred while the Firefighter was off -duty. pay, resolution of criminal charges for be
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. p
ARTICLE 10
GRIEVANCE PROCEDURE
The grievance procedure for Firefighters shall consist of three (3) steps outlined in the followin
procedure. Each step and each time limit is mandatory and non waivable by any party. g
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 workingda s
by direct meeting and contact between the employee and Local Steward, if requested by said employee, y
the employee's Lieutenant, and if the Lieutenant so desires, the Battalion Chief for the particular employee.and
Step Two - if the grievance is not satisfactorily settled by completion of the first step outline
then the complaint of the employee shall be presented to the Fire Chief in written form within five 5 re
office days after the initial meeting between the employee and the parties as provided in s d above,
complaintant shall describe, in detail, the nature of the alleged violation, eg: violation of () , of
step one. The
SOP, etc; and why the employee believes it is a violation. this Agreement, of
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
case, which said meeting shall not be later than five (5) regular office days after the Fire Chief has received
the grievance. Answers to an present his or her
ief
regular office days after said meeting. This yUn onhmust elplly in wl be riting within e in gsevto the Union within seven s
en (7) regular office days
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thereafter as to what action, if any, it intends to take. At all times, through the above two stages, both artie
shall acknowledge in some form, that the grievance procedure steps are being taken. p s
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
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 / any
employee's rights to initiate civil action. the aggrieved
ARTICLE 11
WORK EEK
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 )
)
Lieutenant/Supervisor, and Engineer (Driver/Operator) or Certified Firefighter.The squad well be assigned two
Certified
(2) personnel, both EMT certified, being a Lieutenant/Supervisor and Engineer (Driver/Operator) or
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 aftThanksgiving
Friday, Easter, Memorial Day, July 4th, Labor Day, Veterans Day, Thanksgiving Day, the day after
Day, and Christmas Day.
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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.
criteria:
Each Firefighter shall be allowed up to five (5) personal days. Personal days must meet the following
1. Asper 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 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.
of 2004. The personal day portion of this Article will be evaluated and may be re -negotiated further at the end
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
Battalion Chief, with approvals and denials to be in writing and no limitation placed on the numberofy the
exchanges.
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ARTICLE 14
COMPANY AND 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 bids stem'
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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-
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, makin
structural changes, paving, or pouring of concrete. The City shall provide suitable painting a g
painting is required. g apparel when
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 a r
management, the City shall provide the Union with meeting spa space
inaocations Customarily used forCity
employee
ee
The City also agrees that Firefighters on duty be allowed to attend Union meetings and Union functions
but must remain in service.
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
after the current contract has expired, the City and Union agree to adhere to the terms in the expired co tract
until a contract can be reached. act
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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.
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ARTICLE 20
CLOTHING ALLOWANCE
The City shall provide and/or replace to members of the Fire Department equipment necessa to
perform their duties, in accordance with I.C. 36-8-4-4(a). rY
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,g )
nomex hoods, and flashlights. All items provided by the City shall remain property of the City and subject to items the provisions of I.C. 36-8-4-4(b). The City reserves the right to require the use by members of •
provided under specified circumstances. ms so
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 u on
approval of the Board of Public Works and Safety of the City. Y p
The City shall pay to each member annually the sum of $400.00, in a separate check from wages, for
the purchase and maintenance of uniforms and clothing; such payment to be made annually no later g first day of April. In the event any Firefighter shall separate employment from the department for an '
before the end of the year, any clothing allowance received shall be reimbursed to the Cityb than the
on a pro-rata basis, and any clothing allowance not yet paid by the City shall be paid by the Cityto Y reason
Firefighter on a pro-rata basis. If Firefighters are required as a result of government o y the Firefighter
or action to change station dress, the cost in excess of station dress as worn at the time the
shall be paid by the city. Clothing type and make shall be a r department regulation
committee but may be purchased from any vendor carrying said uniform at the employee's
this Agreement
approved by the Chiefs office and clothing
mployee'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 shalt
also receive a pro -rated portion of the annual $400.00 normal clothing allowance to cover the balance of y
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year in which his probationary status ends. the
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.
men
The personnel at each fire station shall be allowed time to go directly to the nearest grocery store to purchase
needed food and staples. p t'
p ase
The City agrees to provide hand soap, shower and toilet facilities at each Fire Station, to allow
Firefighters to clean up while on duty.
on duty. The City agrees to provide a bed, mattress, and pad at each fire station for the number of Firefighters
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 an
regulations which affect working conditions and performance shall be subject to the grievance procedure.
changes in the rules and regulations which apply to workingDepartment shall
be negotiated with the Union. conditions of the Richmond Fire Dep Any
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 b June y
other year. Y 1, of every
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.
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.
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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 probations
- $500.00; Bachelor Degree - $800.00; Masters Degree - $1,000.00; probationary period: Associates Degree
$250.00. All Emergency Medical Technicians permanently assigned to Rescue shall Medical
nnadd additional
$500.00. A Firefighter certified as a MSA (Mine SafetyAppliance) Technician and assigned by the Fire Cal
to serve as the Department's "Self Contained BreathingApparatusp hief
$250.00. Any Firefighter who receives a second educational deg ee afterrlistSeptembere1,1ve 197an
7, 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, startin with
the pay period following the termination of his probationary period. g
Such degrees must be granted by an educational institution regional
accredited associations: tution approved by one of the following g
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. ( )
Firefighters with five (5) or more years of service with the Richmond Fire Department, regardless of ran
have successfully completed State Master Categories in Tactics, Investigation p y Category t All
December 31, 1997, will receive additional compensation of $150.00 or each of these Master prior to rwho
upon completion of all three. Category 2: All Firefighters with five (5) or more years of service with theories
Richmond Fire Department, regardless of rank, who are certified by the State of Indiana to have achieve
NFPA Fire Officer One prior to December 31, 2000, will receive additional compensation of $450.00. d
Category 3: 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.
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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
by the Board of Public Works and Safety as shown below:
Employees with 6 months seniority
One year seniority
3 work days
Two years seniority
6 work days
Three years seniority
6 work days
Four years seniority
6 work days
Five years seniority
7 work days
Six years seniority
7 work days
Seven years seniority
8 work days
Eight years seniority
8 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
9 work days
Fourteen years seniority
10 work days
Fifteen years seniority
10 work days
Sixteen years seniority
11 work days
Seventeen years seniority
11 work days
Eighteen years seniority
12 work days
Nineteen years seniority
12 work days
Twenty years seniority maximum
12 work days
12 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:
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.
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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 sum 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
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
providedis no reduction in
1408 shall appoint a member of its Bargaining Unit to serve on t eCity'srInsurance Committeeenefits. Local
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:
Com rehensive
Single
2/3 $ 1178.73 $ 100.00
4/5 $ 213.93 $ 225.00
6 + $ 250.00
$ 249.13
$ 275.00
I. 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
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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. se
active member of the force, becomes disabled as determined by the PERF Board. while an
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 job 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.
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 II (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 II along with five (5) years of service on the Richmond Fire
Department.
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 be
established as successful completion of State Firefighter II and Richmond Fire Department's Engineer/Driver-
Operator based on NFPA 1002.
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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 all 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.
Moving by seniority. When an opening occurs in any classification, it shall be deemed a promotion bid.
The most senior member who meets the requirements of said position shall be afforded the opportunity to fill
said opening. 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 may 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 b
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 b
y promotionas applicable, or by appointment as consistent with this Agreement, at which time the Firef ghterorevacancqu stin bid
demotion shall be returned to the rank and pay grade of Firefighter with the attendant bidding rights. g
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.
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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.
ARTICLE 32
WAGES
Wages for the year 2004 shall be paid by the City to the members of the Union as follows:
SALARY
The annual pay for a probationary Firefighter shall be as follows:
2003
$31, 746.00
2004
$32,458.69
The base pay for a Firefighter shall be as follows:
2003
$35,724.00
RANK DIFFERENTIAL
2004
$36, 526.00
There shall be a rank differential as follows:
Engineer
Lieutenant
Inspector
2004
$1, 774.00
$3,411.00
$3,411.00
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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.
PARTIAL CONTRIBUTION BY CITY TOME BER'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 15Y Class Firefighter with twenty (20) years longevity will be the certified salary for
figuring pension contributions.
ARTICLE 33
INSPECTION SPECIALISTS
Chief. 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.
The Inspection Specialist working overtime shall have the option of comp time or time and one half
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
16
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 DUTY 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.
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 an
y permanent light duty
limited/restricted duty positions. The Fire Chief, on a case by case basis, may consider to grant additional or
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) will be mutually agreed
upon by the City of Richmond management and a majority vote of the Union membership.
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ARTICLE 36
EFFECTIVE DATE AND DURATION
Language in this Agreement shall be effective as of the 1st day of January, 2004, and shall remain in
full force and effect through the 31st day of December, 2007.
Wages and benefits in this Agreement shall be effective as of the 1st day of January, 2004, and the
City and Union agree to meet and begin bargaining for wages and benefits no later than June 1st, 2004, for
the year 2005.
IN WITNESS WHEREOF, the parties, by their dul;y 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:_�1 J/l QA.mQi►��
President
By: /
Secretary/Treasurer
Date: o' 6 - C-' q
THE CITY OF RICMOND, INDIANA
By and through its Board of Public
Works and Safety
By:
Pre6e4n
By: 1U� t&V- 'P
Member
By
Member
Date: �( /, X2 Z0
Approved By:_���" ."X� AZ'
Sarah L. (Sally) Hutton, Mayor
Date: 6
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