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.
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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
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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.
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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
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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.
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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.
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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
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II:C'nnlractl'ilcn`\VarAr\grrainrntt'LA.1'.f Localb�l:QOrRmdicd rrvon lx1 10
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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.