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HomeMy Public PortalAboutORD13830 BILL NO. 2004-127 _ SPONSORED BY COUNCILMEN VIESSMAN, Layton, and Harvey ORDINANCE NO. AN ORDINANCE OFTHE CITY OF JEFFERSON, MISSOURI,AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENTWITH i.A.F.F. LOCAL 671 . BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and City Clerk are hereby authorized and directed to execute an agreement with I.A.F.F. Local 671 representing certain members of the Fire Department, Section 2. The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: t�..� r - ��� .f , Approved: 7 Presiding Officer V Mayor ATTEST: APPROVED AS TO FORM: `r City Clerk City Counselor i WORK AGRl 1?MEN'I' BETWEEN CITY OF JEFFERSON AND LOCAL, 671, LA Y.F. nRTIC'LE i. - Preamble THIS AGREEMENT is enteral into by and between the City of Jcffcrson, Missouri, a municipal corporation, hereinafter rcfcl-rcdl to as the'"i.?nlploycr,""City," ur"Management,"and Local 671 of the International Association of{lire Fighters, hereinafter referred to as the "union." Persons \vho belong to Local 671 will be hereinafter rei'erred to as "Inclllim-s" or"employees". The Employer and the Union recognize their responsibilities under federal, state, and local laws relating to fail' employrricnt practices and appropriate labor legislation; and reaffirm their commitment to the mural principles involved ill the area of civil rights. The purpose of this Agreement is to set filrth terms and conditions ofemployment, and to promote harmonious,orderly,and peaceful labor relations for the mutual interest of the Enlploycr,the Union and the citizens ofthe City ofiefferson. To the extent ally terms 11Cl-CLIMICr al'C ill COnIIiCt With City rules and procedures, this Agreement shall govern. "Perms of tills Agreement shall be so constrdlCd as to be ill ha1111or1y \Vitll City rules an(l 1)rocalures if possible. ARTICLE' 11. - Recognition The Employer recognizes Local 671 of the international Association of Fire Fighters as the authorized representative of full-time City fire fighters, including the positions of Fire lighter, Fire Driver, and Fire Captain and excluding all other positions. New employees shall be eligible for Union membership immediately Llp011 appointnlent, provided hONVVCVCr that they shall be treated as probationary employees as provided in ` 6-2 of the Personnel Policy Manual and shall not have access to conflict resolution as provide in § 6-5 of the Personnel Policy Manual. ARTI("LE Ill. - Management Rights The City shall retain the sole right and authority to operate aildl direct the aliairs ofthe City in all its various aspects. Among these rights arc the City's right to determine its mission and set standards forservice offered the puhlic: to direct the working forces; to plan, direct, control, and determine the operations or services to be conducted in and by the enlployecs ofthe City, to assign and transfer enlployecs;to hire, promote. and dcnultecnlployees; to suspend,discipline.ordischargcemployees; to relieve employees(IuC to lack of\Vork of R)r other iCg111111I1t1:reasons,such layoffs tieing normally accomplished through attrition; to make and C11601-CC rules and regulations: and to change methods, equipment, or facilities. 1 H:'C'onliact Files WniA A6rrctnihnti I \I I I ry al r"I'w+l Hauhcd uv,00 t,�•J ARTIC I- IV. - Shills A shill, as discussed in the A green Icnt, shall consist ofone(I) person working tweet J Illllt'alld one quarter(24.25) hours colltilluously aecordirlg to normal duty cycle. A normal duty cycle shall nlcltucfc t%verlty-seven (27) consecutive days during which employees are assigned to a repeating schedule every nine (9) days, per numbered shills, with each employee assigned to work day` one (I ), three (3) and five (5). Employees agree to be called hack to work beyond a normal duty cycle lilt emergency situations as directed by the C hicl'or designee. ARTICLE V. - Union Business Employees elected to Union office shall be granted time to perf'orrn their Union functions. Three(3) members of the negotiating team shall he allowed time off fir all meetings which shall be mutually set by the Ernploycr and the Union. A. The Employer shall allow spacc on bulletin boards which may he used by the Union for posting notices hearing the official, written approval ofthe Union. union notices shall be restricted to: I. Notices of Union elections; ® 2. Notices of Union appointments and results of Union elections; 3. Notices of Union meetings, 4. Other notices of bonalide Union affairs which are not of a political nature. B. Authorized, official Union husiness agents, not to exceed two (2) at any one time, may have access to the City lacilities, during working hours, to investigate matters directly relating to the administration of this Agreement, as long as it does not disrupt regular City business. C.The City shall furnish to the Union, and each member, at no cost to the Union or member, a copy ofthe f,lllowing: 1. Current Agreement between the City and Union; 2. Current adopted personnel policy, procedures, rules and regulations; 3. Departmental rules and regulations. ARTICLE V1. - Rules and Regulations The Union agrees that its nlenlbers shall comply with all City and Fire Department rules and regulations. It is agreed that a grievance shall he clefinecl as a dispute or di flcrencc of'opinion raised by an employee covered by this Agreement against the City involving him as to the meaning, interpretation, or application of'the express provisions of this Agreement. Such a grievance shall be H:Comma flies worA Agiecmcoli 1 A I 1 1 oral 6'1:101 Ran icd%cimow p'i processed expeditiously according to the procedures set forth below. Nothing in this article shall prohibit the Union from assisting a member in an appeal pertaining to City or department rules and regulations. ARTICLE V11. - Grievance Procedure A member ofthe Union having a grievance under the provisions of this Agreement or any other rule or regulation of the City or lire Department shall bring such grievance to the attention of the supervisor or supervisors under the procedures set forth in the Personnel Policy Manual. A member of the Union shall not pursue more than one(1)grievance arising out of each incident or occurrence. ARTICLE VIII. - Sick Leave Each employee shall accrue sick ]caveat the rate of twenty(20) hours for cash month of service on or after the date of this Agreement. ARTICLE IX. - Exclusion ofSlecp Time for F.L.S.A. Purposes The fire Department employees agree to the exclusion ofLIP to eight(8)hours per shift ofsleep time, provided the total exclusion during any twenty-seven(2 7)clay cycle shall not exceed thirty-eight(3 8) hours. ARTICLE X. - Minimum Manning Strcngth A. The City Council has determined that the minimum staffing level shall be set at twenty-one(2 1) and the minimum manning strength shall be set at nineteen (19) fire suppression personnel per shift occupying the positions of lire lighter, Driver, and Captain. This niunbcr is subject to change by the Council at any time based on evaluation of the needs for manning strength sufficient to protect the City. Individuals shall be called to report when strength is below minimum manning levels based on the needs of the department for particular classes of individuals and particular training on any given shift. Call backs to achieve minimum manning shall be made within grades whenever possible, that is Captains will be called back to fill Captain positions, Drivers will be called back to till driver positions, fire fighters will be called back to till firefighter positions. When calling back members to fulfill minimum manning the city will follow currently established procedures, except that whenever possible call backs shall be made within grades. B. In the event that the voters of'the City of Jefferson enact a ballot measure bringing in at least one million additional dollars into the City's general fund (as compared with the current income shown in the 2004 general fiend, adjusted for inflation by the consumer price index), the City will add an additional six(6) full time equivalent positions(FTE's)subject to the provisions of this article. Said positions shall be provided for in the next fiscal year budget submitted by the City Administrator followingthe passage of the ballot measure.Once the additional positions arc authorized and funded, the City will take all deliberative measures to fill such positions as quickly as possible. I1:'Conttad Pdci Woik Ag,ccmcwt I A P I I:octd a71 21IoI Ralf icd rnnm ,pJ 5. Military leave may be t;rante(f when two(2)vacations are previously sciiedule(I. Military leave dates will be provided by the employee for each year as soon as dates are available. G. There will be no more than two (2) employees per platoon on vacation at a time without the explicit approval ofthc Fire Chief, subject to the provisions of subsection 17 below. 7. When a platoon transfer occurs, the individual affected Will have to reschedule to an available date,trade time of carry over vacation thole to the following year as provided oil the City Personnel Policy Manual unless the transfer assignment was not at the employec's request. Individuals transferred pursuant to promotional changcs shall have their vacation schedules honored to the extent they(lo not disrupt the operations of the department. This includes the honoring oft lie calendar time oft'regardIcss of'the shift schedules. 5. On first pick, no member will pick more than one hundred forty- five and one half (145.5)hours[six (G) shifts]ofvacation duriilgthc first round ofvacation selection and must be picked in seventy-two and three-fourths (72.75) hours [three (3) shifts] or one hundred forty-five and one-half (145.5) howl [six (h)shifts] in consecutive increments. 9. On second pick, no illcnlbcr will pick more than seventy-two and three-fourths (72.75) hours [three (3) shifisl ofvacation during the sccon(I round in([ must be consecutive days. 10. On the third pick, members can pick vacation in twenty-four and one-fourth (24.25) hours [one(I)shift], forty-eight and one-half(45.5)hours[two(2)shifts] or seventy-two and three-fourths (72.75) hours [three (3) shifts) increments. Days picked will be consecutive days. 11. On the fourth and final pick members play pick vacation in twenty-(tour and one tcourth (24.25) hours [one ( I)shift], Forty-cight and one-half (45.5) hours [two (2) shift], or seventy-two and three-fourths (72.75) hours [three (3) shifts] increments. nays picked do not have to be consecutive. 12. After the fourth pick, members play pick a clay or clays they have carried over from the previous year. 13. An employee will have From the time ilotified to pick Until tile SallIC till1C tile E()IIOWinb shift to submit their selection. 14. Anyone not selecting vacation Oates\vhcn iiotilicd to(lo SO \vill be coils)(lerc(l as having passed and will not be re-contacted until the fourth picking; rotation has been completed. 15. Individuals illay turn in pl'cviotisly schc(lulcd vacation days with prior notification of the shift assistant chief. Vacation days may be turned in only after the fourth pick has been • 5 IP'Comracl Piles Wm(Apoemems I A I I' I iu al h'I:1101 IUIIIICd�ctsem upd completed. Vacation time cannot be exchanged for sick leave ifflic individual becomes ill while oil vacation 1101- Used for fanllly sick leave. 16. Vacation (rates turned in may he selected oil a rotation basis after the fourth rotation pick. half-clay vacations may be picked as lone; as it does not conflict with that shift's manning level. Half-day vacations must be 11)r the first half ofa shift or the last half of a shift. Less than i half-day vacation nay be requested and used at the discretion of the assistant chicl'on duty. 17. The provisions ot'section 13(6) ofthis article notwithstanding, tip to three individuals fi•orn any platoon may take vacation at the same time as provided in tl li subsection. The additional third person on vacation shall only be applicable if the staffing.of the department is increased under the provisions of Article X(13). a. '['he choice of,the Vacation date may be made at anytime, including during the regular flicks. b. '['lie vacation date chosen shall not be considered approved and granted at any tinle before the 14"' day prior to the date picket.( at which time the Assistant Chief must either approve or disapprove. C. The City will endeavor to keep the member i111,61-nled as to the status of the ® decision, however it will he the responsibility ofthe member to confirm that the date has been approved. d. After a date has been finally approved and granted, it shall be treated as a regular vacation clay for all purposes. ARTICLE X111. - Agra.ment Binding oil Successors This Agreement shall be binding upon the parties and their successors and assigns, and no provisions, terms, or obligations herein contained shall be affected, modified, altered, or changed in any respect without mutual consent in writing, except as otherwise provided by law. ARTICLE XIV. - Stcp-up Nay In the event in employee works in I capacity and rank higher than said employee's designated rank, then said employee shall be paid a special differential of thirty (dollars (530.00) per day shift or partial shift for stepping up. A partial shift is defined for purposes ofthis paragraph to mean twelve (1 2) or more hours. In the event ail employee pertornlS aS all I1lSt1-IILtO1-f of dCpartrncntal training,then the employee shall be paid thirty dollars ($30.00) for each shift in which the employee performs as a n instructor. II.Contract 141n 1VurA.1pu•rnuvts IA 1 I I ni,J G rl!nud Y.ewir.l tcisian ttpd G A. No Strike. ARTICLE XV. - No Strikes - No Lockouts During the term of this Agreement, the Union, its officers, agents and employees shall not, directly or indirectly, promote, instigate, encourage, authorize, ratify, condone, or particiilate in ilily strike, concerted stoppage of work or other intentional interruption of the operalions of the City. Any employee who violates the provisions of this section may be discharged iillmcdiately or otherwise discipline([ by the City. B. No Lockout. The City will not lock out any cmploycC during t}lC term of this Agreement because of any labor dispute with the Union, including any dispute over the terms of this Agreement or the rules and regulations promulgated by the City pursuant to this Agreement. ARTICLE XVi. - Classified Pay and Steps Increase Plan A. Pay Plan. A pay plan for the members ofthe Union is hercby established and is attached to this Agreement as Appendix 1 and made a part hereof by reference. Wage rates will be adjusted during the term of this Agreement in accordance with any City-wide adj List iil ell ts. • B. Special Duty Incentive. 1. Inspectors There will be not more than six (6) positions, two (2) per platoon, designated for the purpose of inspector. The duties and responsibilities of the inspector will he in addition to requirements ofthc rank pei'fol•lllillg the additional duties. A differential of'ibur percent (4%) will be paid to the individuals filling the position. A designation of inspector shall be valid for two years from inception. At the end of the two-year period, application will be taken from ail eligible employees who wish to apply ibr the position. Nothing in this section precludes an employee from serving as an inspector for successive terms, but the individual must be selected from the list of applications. 2. Other Special Duty, The Fire Chief inay create other special duty il1CC1ltiVCS when approved by the City Administrator. Applications will be taken from all eligible employees who wish to apply for the position. All such appointments will he for a two year term. An employee may serve successive terms but must he SCICOcd fi•0111 a list ofapplicallts. C. Merit Increases All employees will receive merit salary increases and merit bonus as provided ill § 8-10 of the personnel manual, except that all members who are employed as of the date of execution of this II Coniracl hlo,Work Agrconicros IA FT I ocal 611 l d R.ndivd swan\.pd agreement shall be eligible to receive their merit increases in April of each year. All members hired or rehired after the execution of this agreement will be eligible to receive merit increases on the anniversary of the (late they were hired. ARTICLE XViL - Holiday Pay In addition to regular pay rates, the city agrees to pay a prenlllllll ol'24.25 times the base hourly pay rate to each employee covered by this Agreement for each holiday recognized and observed by the City. ARTICLE XVII1. - Withholding and Payment of Union Dues The Employer agrees to withhold Union dues on a bi-weekly basis front all Union members who have authorized the withholding by the completion of an appropriate forth to be kept on file in each individual's personnel record.The amount withheld will be paid to the Union on a monthly basis less the administrative fce charged to cover the cost of the service. The Employer will provide full accounting dOCUmCntation oil the tiansactions covered by this article. The Union agrees to keep the Employer in formed oi'the amount of individual monthly dues to be withheld and to notify the Employer at least thirty(30)days in advance of any change in the amount withheld. ® The Union agrees to provide signed withholding forms to the Employer and to pay twenty-five cents ($0.25)per month per individual for the Employer's administrative cost. The Union agrees that this payment for services shall be withheld from the monthly clues check front the Employer. ARTICLE XIX. - Physical Fitncss Program All members shall participate in physical fitness or wellness programs as may be determined appropriate by the City. The City shall provide appropriate physical fitness equipment at each fire station.The City shall undergo a process to evaluate physical fitness and develop appropriate testing standards related to job pertori once.The test developed for employees within the department shall be approved by both parties to this agreement.Once standards are in place,the employees within the department will be subjected to testing and the results of that testing nlay be taken into consideration in the merit portion of pay increases. AR'TIC'LE XX. - Union Decals On Helmets A single union decal, either 2" in diameter or 1 '/2" x 3" ifrcctallgUlar, may be placed on the back side of a firefighter's h(,Imet. No other personalization Of union logos nlay be placed on any fire equipment or clothing. C� IL Contract hImANwk Agmeniena VAT I' LnCal G`I':I O 1011 fie UTVnn"I'd b ARTICLI XXI. - UNIFORMS AN1) C'LOTIiING The City shall lurnish all uniiiirms for fire suppression personnel. The City will issue all personnel fire retardant navy [)life unifm'Iil pants, T-shirts of the same style; currently issued, navy blue polo style shirts with logos,short sleeve and long sleeve dress unililrnl shirts, winter jacket,and it Ivy blue job shirts, shoes, hoots, belt, in(] cap. City will provide all 11CCCSS,11'y C(lUll)MCllt I01' III'Cllghting. Firesuppression personnel shall hcaliowCd to purchasethCirown 1Cat11Ci'StrllCtUral firefightingboots as long as they meet oi-exceed current NF'PA standards. ARTICLI XXII. - L;ntire Agrccincnt This Agreement constitutes the entire agreement between the parties grid C011CILRICS their niCCt and confer sessions oflhis Agreement. ARTICLE XXIII. - Savings Clau:;c The provisions of'this Agrccnient shall be deemed severable. In the event that any provision of this Agreement is 1bund by a court oCconil}etcnt jurisdiction to he invalid, the remaining provisions of this Agreement shall rCnlaill valid Lill less the court finds the valid provisions, standing alone, are incomplete and incapable of'heing executed in accordance with the parties' intent. Ifany part of'this Agreement regarding the rights or duties oi'thc City is li►und invalid, either party shall thereafter at its election have the fight to cancel this Ag1'CCmcnt willdn 120 dayS ol'SLleh(ICCi5ioll Upon the giVing of ninety (90) days written notice. AR'TIC'LE' XXIV. - Duration of Agreement This Agreement shall be cilcctive as of November 1, 2004 and shall remain ill full force and effect until October 31, 2007 unlCSS supercedcd by a new or revised Agreement entered into by the parties. The Union may set a date fir the contillcnccnlent ofncgotiatioils fair renewal oflhis contract at any time within six (h) months ol'the expiration (late. In the event the City experiences a decline in annual gross rcvcnuc C(nllparcd to tLlc amount hudgctcd I'M'Fiscal 2004-2005 as shown in the annual audit ofthe City, this Agreement may he terminated or modified I61lowing sixty (60) days written notice. For purposes of this article, annual gross rcvcnuc shall he defined as that revenue exclusive of'grants received by the City fi'onl all sources cxCCpt City tiinds. II.(bnlwo Film Work Agrermenls I A I I I n,a16"1:bltd 11.III tic,I,Vwotl s'p.l Executed this day of 20( �,r}��' CITY OF JEFFERSON LOCAL I.A.F.F. 671 John Laiidwehr, Mayor Mike Schult ., Presidef ATTESI': liyllis' owell, City Clerkr ice PresidE nt APPROVED AS '1'O .ORM: Nathan M. Nickolaus City Counselor • II:C'nnlractl'ilcn`\VarAr\grrainrntt'LA.1'.f Localb�l:QOrRmdicd rrvon lx1 10 11 , Appendix 1 Fire Department Pay Plan Effective November 1, 2004 Minimum Maximum Firefighter $10.0616 $15.0923 Fire Driver Engineer $11,0929 $16.6393 Fire Captain $12.8414 $19.2621 Employee wages are limited to the maximum pay ranges regardless of articles of the work agreement addressing pay increases, except for overtime pay rates and special duty incentive of four percent which may be added to the hourly rate of inspectors or other special duties as may be assigned by the Fire Chief and approved by the City Administrator.