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HomeMy Public PortalAbout003-2011 - City - Richmond Professional firefiAGREEMENT BETWEEN THE CITY OF RICHMOND, INDIANA AND RICHMOND PROFESSIONAL FIREFIGHTERS, INC. INTERNATIONAL ASSOCIATION OF FIREFIGHTERS AFL-CIO LOCAL 1408 January 1, 2011 through December 31, 2011 Contract No. 3-2011 INDEX ARTICLE 1 UNION AND CITY RELATIONSHIP PAGE 3 ARTICLE 2 UNION RECOGNITION PAGE 3 ARTICLE 3 DEFINITIONS PAGE 3 ARTICLE 4 MANAGEMENT RESPONSIBILITIES PAGE 5 ARTICLE 5 UNION MEMBERSHIP SECURITY PAGE 5 ARTICLE 6 PAYROLL DEDUCTIONS PAGE 5 ARTICLE 7 DISCRIMINATION PAGE 5 ARTICLE 8 PERMITTED ATTENDANCE ON DUTY PAGE 5 ARTICLE 9 UNION BUSINESS AND FIREFIGHTER'S PAGE 6 RIGHTS ARTICLE 10 GRIEVANCE PROCEDURE PAGE 7 ARTICLE 11 WORK WEEK/WORK FORCE PLANNING PAGE 8 ARTICLE 12 HOLIDAYSBIRTHDAY/PERSONAL DAYS PAGE 9 ARTICLE 13 EXCHANGE OF WORK TIME PAGE 10 ARTICLE 14 COMPANY AND PLATOON EXCHANGE PAGE 10 ARTICLE 15 PERSONAL ARTICLES PAGE 10 ARTICLE 16 FIRE HOUSE MAINTENANCE PAGE 11 ARTICLE 17 BULLETIN BOARD SPACE AND PAGE 11 UNION MEETING SPACE ARTICLE 18 NEGOTIATIONS PAGE 11 ARTICLE 19 CALL BACK/OVERTIME PAGE 11 ARTICLE 20 CLOTHING ALLOWANCE PAGE 12 ARTICLE 21 STATION FACILITIES AND PAGE 12 SUPPLIES i Ill 1] y►1 ARTICLE 22 RULES AND REGULATIONS PAGE 13 ARTICLE 23 PREVAILING RIGHTS PAGE 13 ARTICLE 24 SAVINGS CLAUSE PAGE 13 ARTICLE 25 BINDING AGREEMENT PAGE 14 ARTICLE 26 EDUCATION INCENTIVE PAGE 14 ARTICLE 27 VACATIONS PAGE 15 ARTICLE 28 MEDICAL INSURANCE PAGE 16 ARTICLE 29 SENIORITY, PROMOTIONS/DEMOTIONS PAGE 18 ARTICLE 30 PHYSICAL EXAMINATIONS/ PHYSICAL ABILITY PAGE 20 ARTICLE 31 NO STRIKE CLAUSE, LOCKOUT PAGE 20 OR REDUCTIONS ARTICLE 32 WAGES PAGE 21 ARTICLE 33 SHIFT TRAINERS PAGE 22 ARTICLE 34 LIGHT DUTY/LIMITED DUTY PAGE 22 ARTICKE 35 EFFECTIVE DATE AND DURATION PAGE 23 ii PROFESSIONAL NEGOTIATION CONTRACT THIS AGREEMENT, executed as of the 24th day of January 12011, 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 Firefighters 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) and Article 30. (a) Fire Chief (b) Assistant Fire Chief (c) Battalion Chief (d) Inspection Specialist (e) Chief of Operations (f) Secretarial/Clerical 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 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 II 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 "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. The training will be directly under the direction of the Chief of Operations and administered with the assistance of the "Shift Trainers". As used in this agreement, the term "Temporary Assignment" shall mean that the temporary movement of personnel shall not be for more than ninety (90) Calendar days in a given 365 day period. The member displaced by such a temporary assignment shall not be the subject of such assignment more than once in a calendar year. This does not apply to the Chief's movement of personnel for betterment of the department. 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. 11 ARTICLE 4 MANAGEMENT RESPONSIBILITIES 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 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 share of negotiations and costs associated with defending this contract. 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 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, this shall be limited to those members directly involved in said Fire Department Business as certified by the Chief. Firefighters directly involved, as certified by the Chief, 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 fourteen (14) 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. Additionally, 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 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 31 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 it results in a criminal conviction or plea, or adversely affects the fulfillment of the Firefighter's work responsibility. However, a Firefighter may be subject to discipline where a Firefighter is suspended, with or without pay, pending resolution of criminal charges for alleged activity that occurred while the Firefighter was off -duty. Is said member has been suspended without pay and is exonerated of all criminal charges member will be awarded all due back pay. 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 ten (10) 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 ten (10) regular office days after the initial meeting between the employee and the parties as provided in step one. The complainant shall describe, in detail, the nature of the alleged violation, e.g.: 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 ten (10) 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 ten (10) regular office days after said meeting. This Union must reply in writing within ten (10) 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. 7 ARTICLE 11 WORK WEEK/ WORK FORCE PLANNING Each Firefighter shall be regularly assigned to an average fifty-six (56) hour work week. Engine companies will be assigned a Lieutenant/Supervisor, an Engineer (Driver/Operator) or Certified Firefighter and two (2) Firefighters, to remain in service Engine companies will have a Lieutenant/Supervisor, an Engineer (Driver/Operator) or Certified Firefighter and one (1) Firefighters. Rescue will be assigned two (2) personnel being a Lieutenant/Supervisor, and Engineer (Driver/Operator) or Certified Firefighter. The squad will be assigned two (2) personnel, both being a minimum EMT certified. 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-two (72) members covered by this Agreement as shown below: 18 Lieutenants 18 Engineers 36 Firefighters Due to anticipated changes in manning of Richmond Fire Department units designated as "Squad" or "Squads", rank will no longer apply to future staffing. The numbers in reference to Lieutenants, Engineers and Firefighters above is a target to be reached over time through attrition of current members holding the ranks Lieutenant and Engineer on "Squad". This attrition will take place through current "Squad" personnel bidding off of the unit or retiring from the department. The current numbers as of the 2009 Agreement, (21 Lieutenants, 21 Engineers, and 30 Firefighters), will reach the above numbers, (18 Lieutenants, 18 Engineers, 36 Firefighters), overtime by the natural process of attrition through the bid process. All members assigned to "Squad" or "Squads" shall be qualified firefighters and members of the Richmond Fire Department, covered under this agreement no later than January 1st, 2015. 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 apparatus, with the exception of squads, or positions created within the Department that is not considered a management position shall be negotiated with the union prior to implementation, any such non -management positions will become part of the bargaining unit. As of the effective date of this Agreement, the City agrees not close any Firehouse or Apparatus and to maintain staffing at its current level. However, the City and the Richmond Professional Firefighter's Union agree to reopen this language to address and resolve this issue within the Fire Department caused by bonafide budgetary constraints. 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 day's pay shall be equivalent to 1/260th of said member's regular annual base pay. All holiday pay for calendar year shall be paid by December 31st of said year inclusive of Christmas of said year. 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. 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 with final approval given twenty (20) days prior to requested date. 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 or results in overtime for the city, the day paid back must alleviate overtime and may have to be rescheduled. Time for said personnel day will be recorded on the members original scheduled work day, pay back time will be noted but not recorded on the time cycle sheet. 5. A personal day shall not be granted if it creates more than four (4) people off duty. No more than three (3) 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 or the Chief's representative may assign member date of pay back giving the member two or more dates to choose from, with no compulsory date resulting in less than ten (10) days notification. No compulsory date will require the member to work seventy two (72) consecutive hours or during a scheduled vacation. 9 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. Note: The intent of these guidelines is to insure that no more than four (4) members are scheduled to be off on any 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 Fire Chief 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. It is not the sole responsibility of the Fire Chief to monitor these guidelines. If Staffing needs change for any reason the Chief reserves the right to suspend or eliminate the use of personal days. 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 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 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-examination. The City shall repair or replace personal watches broken or lost in the line of duty, up to a maximum value of fifty dollars ($50.00). 10 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. 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 of the expired contract up to eighteen (18) months as long both parties continue to meet and movement and progress are continuing. 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 hour's 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 11 day immediately before or after the extra day worked, the overtime pay will not apply to that extra day. 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, 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 $700.00 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 12 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. 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 13 enacted legislation, the remaining parts or portion of this Agreement shall remain in full force and effect. hereto. ARTICLE 25 BINDING AGREEMENT This Agreement shall be binding upon the successors and assigns of the parties ARTICLE 26 EDUCATIONAL INCENTIVE Each Firefighter having obtained the following education degrees or current certification shall receive additional compensation as set forth, following the completion of his/her probationary period: Associates Degree - $500.00; Bachelor Degree - $800.00; Masters Degree - $1,000.00; First Responder - $400.00; Emergency Medical Technician - $650.00 ; Paramedic - $900.00. All Emergency Medical Technicians permanently assigned to Squad shall receive an additional $500.00. A Firefighter certified as a VISA (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. Three members appointed by the Chief's Office as "Trick Trainers" shall receive an additional $1,000.00. Any Firefighter who receives a second educational degree 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 completion of his/her probationary period with the exception of EMT pay for it is now a requirement of employment. Such degrees must be granted by an educational institution approved by one of the following regional accredited associations, which have been recognized by the Council for Higher Education Accreditation (CHEA) 1. New England Association of Colleges and Secondary Schools, Commission of Institutions of Higher Education. 2. Middle States Association of Colleges and Schools. (MSA) 3. North Central Association of Colleges and Schools. 4. Northwest Commission on Colleges and Universities. 5. Southern Association of Colleges and Schools 6. Western Association of Schools and Colleges, Accrediting Commission for Senior Colleges and Universities. 7. Western Association of Schools and Colleges. Accrediting Commission for Community and 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 14 Richmond Fire Department, regardless of rank, who 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. 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 per year. 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. 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 3 work days One year seniority 6 work days Two years seniority 6 work days Three years seniority 7 work days Four years seniority 8 work days Five years seniority 8 work days Six years seniority 9 work days Seven years seniority 9 work days Eight years seniority 10 work days Nine years seniority 10 work days Ten years seniority 10 work days Eleven years seniority 10 work days Twelve years seniority 10 work days Thirteen years seniority 11 work days Fourteen years seniority 11 work days Fifteen years seniority 12 work days Sixteen years seniority 12 work days Seventeen years seniority 13 work days Eighteen years seniority 13 work days Nineteen years seniority 13 work days Twenty years seniority maximum 14 work days All vacations are working days 15 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. follows: The system that determines when a Firefighter shall receive his/her vacation is as 1. The drawing for vacations shall take place 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 6. 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. 6. Vacation time will be granted at any time 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 at any time during the year. 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 A. Active Employee Insurance Benefits: The City agrees to pay no less than eighty percent (80%) of the cost of Firefighter's PPO medical insurance policy including, if applicable, the premium portion that is for their 16 spouse and dependent children. The City shall have the right to change insurance carriers at its discretion, provided there is no reduction in benefits. The City agrees to recognize one (1) designated member of the Firefighter's Local 1408 as a member of the City Insurance Committee. B. Retiree Insurance Benefits: A retiree who chooses to remain on City insurance shall be allowed to remain a part of the City's PPO group health insurance coverage subject to the following terms and conditions. The City shall contribute toward the City's health insurance premiums of any retiree who chooses to remain on City insurance and is subject to the following terms and conditions: 1. If the retiree elects to remain a part of the City's PPO Plan, the City shall not charge any employee premium or contribution for coverage for the retiree or his or her spouse who existed at the time of retirement. (Such zero premium contribution does not include subsequent spouses.) The premium coverage for additional dependents on the PPO Plan shall be equal to the cost of premiums charged to other City employees with the following clarification: one child shall be equal to the single cost; two or three children shall be equal to the cost for two to three coverage; etc. 2. For purposes of retiree insurance benefits, coverage shall only be available to children of the retiree in existence at the time of retirement (or born subsequent to retirement with a spouse in existence at the time of retirement), and not to subsequent stepchildren or natural children born with a subsequent spouse. 3. A Retiree who subsequently obtains other employment may elect to carry two insurance policies provided the City policy is secondary. 4. 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. 5. 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. 1395, 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. 17 6. For purposes of this Article 28, an "Eligible Retiree" is defined to be any member of the RICHMOND FIRE DEPARTMENT 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. 7. 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 those ranks or job classifications specifically excluded from coverage in this Agreement 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 Fire fighter 2 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. This section refers to Squad 1 or any future primary EMS apparatus (i.e. additional Squads). Both members must possess a minimum of EMT - Basic to be able to work or be promoted to Squad. Any firefighter not meeting the above requirements, as of December 31, 2000, must have successfully completed course work, certification requirements, and achieve certification in Fire Officer 1 and Fire Officer 2 along with five (5) years of service with 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 2 and Richmond Fire Departments Engineer/Driver Operator based on NFPA 1002. W. Any Firefighter hired prior to January 1, 2001, who holds Emergency Medical Technician Certifications must maintain their certification. All members of the department will be required to hold and maintain, as a condition of employment, the minimum certification of Emergency Medical Technician by January 1st 2015. If, after six (6) months from the time of promotion, the member receives a satisfactory review and/or Chief does not remove said member from classification, his/her status is said to be permanent. He/she shall then receive his/her statutory rights. When a member cannot successfully complete his/her probation, the next most senior member having met all required certifications for the appropriate classification as set out in General Administration Rule 655 IAC 1-1 for the State of Indiana, shall be afforded 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: Whenever an opening in anyjob classification occurs, in any firehouse or on any platoon, the most senior member with the necessary qualifications shall be afforded the opportunity to fill said opening. 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 openings 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 bid as applicable, or by appointment as consistent with this Agreement, at which time the Firefighter requesting the demotion shall be afforded the opportunity to bid any opening that his seniority and qualifications allow. 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 openings as exist during and after the course of the bid system. The Fire Chief retains the right to make such temporary assignments as he deems necessary to adequately provide for the public safety. Exchange of assignments by Firefighters of equal rank may be requested in writing to the Chief's office. The exchange will only take place if all Firefighters between the two requesting the exchange do not desire either position. 19 Article 30 PHYSICAL EXAMINATIONS and PHYSICAL ABILITY Firefighters will take physical examinations annually in accordance with OSHA, NFPA standards, and/or other federally mandated regulations, with the cost of the exam to be paid for by the city. If the firefighter does not pass the physical exam, he/she will be placed on a professional directed corrective program, the firefighter will be responsible for following the program. He/She shall have the option of being placed on medical pension, (if criteria for such is met), or remain on said program until such time that the Firefighter can pass the examination not to exceed one year. Cost of physicals required for the Fire Pension proceedings will be paid for by the Pension Board. Each Firefighter will be required to meet minimal yearly physical performance standards. The performance standards will be administered on a yearly basis, any member not meeting the standards will be placed on a corrective physical fitness program, not to exceed one year, until the standard is met. The yearly physical evaluation will consist of job related performance tasks. A committee will be formed made up of two (2) persons appointed by the Fire Chief and one (1) member appointed by the Union. This committee will make certain that said program is developed based on nationally recognized standards. The committee's goal will be to have said standards in place no later than August 1st, 2011. All members shall participate in an initial, (practice), Richmond Physical Ability Test, (RPAT), once these standards have been established with implementation of said standards no sooner than twelve (12) months after the initial practice RPAT. The twelve (12) month period between the practice RPAT and actual implementation of the RPAT will be set aside as a grace period for members to prepare to meet the developed standards. 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. 20 follows: ARTICLE 32 WAGES Wages for the year 2011 shall be paid by the City to the members of the Union as The annual pay for a probationary Firefighter shall be as follows: 2011 $ 35,468.48 The base pay for a Firefighter shall be as follows: 2011 Firefighter $39,912.94 Engineer $41,851.44 Lieutenant $43,640.24 LONGEVITY PAY Longevity pay shall be calculated as follows: A. Longevity pay for Firefighter's having four (4) or less years on 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 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. 21 The salary of a 1st Class Firefighter with twenty (20) years longevity will be the certified salary for figuring pension contributions. ARTICLE 33 SHIFT TRAINERS Shift Trainers - One member from each shift with the added responsibility of following the guidelines provided by the Chief of Operations in regard to consistent Fire and Emergency Medical Training of each shift of personnel. No rank will be attached to this position the member will receive a pay stipend for his added responsibility. Duties - Shift Trainer is responsible for development of lesson plans to follow the guidelines provided by the Chief of Operations and Battalion Chiefs. The Shift Trainer will need to possess the ability to organize and communicate course curriculums' tailored to the local Protocols and Standard Operating Procedures of the Richmond Fire Department as well standards set forth by the Public Safety Training Institute and maintain necessary documentation. The Shift Trainer along with the Chief of Operations will be responsible for providing and/or scheduling the annual minimum training for continuing education/certifications for all members of the Richmond Fire Department. Selection- Applications will be requested when a vacancy occurs. A member must be a member of the shift for which he acts as Shift Trainer. The applicants education, training, experience along with his skills and abilities will be considered. The final selection will be made from the qualified applicants by the Richmond Fire Chief and the Richmond Fire Department Chief of Operations. 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 any permanent light duty or limited/restricted duty positions. The Fire Chief, on a case 22 by case basis, may consider granting additional time for rehabilitation of said member. If said member cannot return to full duty status, disability pension proceedings may begin. ARTICLE 35 EFFECTIVE DATE AND DURATION Language in this Agreement shall be effective as of the 1st day of January 2011, and shall remain in full force and effect through the 31st day of December 2012. Wages and benefits in this Agreement shall be effective as of the 1st day of January 2011, and the City and Union agree to re -open the contract beginning on or about June 1, 2011 to negotiate wages and benefits for 2012. In the event that the parties have not reached a new agreement by the respective contract expiration date set forth above, this agreement shall continue in full force and effect for eighteen (18) months after the contract expiration date set forth above. 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: S S Doug Gardner President By: S S Tim Clark Secretary/Treasurer THE CITY OF RICMOND, INDIANA By and through its Board of Public Works and Safety By: _S/S Vicki Robinson Vicki Robinson, President By: S S Dian Lawson Dian Lawson, Member Date: January 24 2011 By: S S Mary Jo Flood Mary Jo Flood, Member Date: January 13 2011 Approved By: _S/S Sarah L. Hutton Sarah L. (Sally) Hutton, Mayor Date: January 14, 2011 23