HomeMy Public PortalAboutORD13362 BILL NO.-- 2001-185_
SPONSORED BY COUNCILMAN Vincent _
ORDINANCE NO._—
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI,AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH 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: G ' - 1� >' r_''.''= Approved:
Presiding Officer Mayor
ATTEST: APPROVED AS TO FORM:
'City Clerk Y�CoUhs`elor `
1 3 .3 4G, 'G.
WORK AGREEMENT
BETWEEN CITY OF JEFFERSON
AND LOCAL 671, I.A.F,F.
ARTICLE I - Preamble
THIS AGREEMENT is entered into by and between the City of Jefferson, Missouri, a municipal corporation, hereinafter
referred to as the "Employer," "City,"or"Management,"and Local 671 of the International Association of Firefighters,
hereinafter referred to as the "Union." Persons who belong to Local 671 will be nerreinafter referred to as "members"
or "employees".
The Employer and the Union recognize their responsibilities under federal, state, and local laws relating to fair
employment practices and appropriate labor legislation; and reaffirm their commitment to the moral principles
involved In the area of civil rights.
The purpose of this Agreement is to set forth terms and conditions of employment,and to promote harmonious,orderly,
and peaceful labor relations for the mutual interest of the Employer, the Union and the citizens of the City of Jefferson.
To the extent any terms hereunder are in conflict with City rules and procedures, this Agreement shall govern. Terms
of this Agreement shall be so construed as to be in harmony with City rules and procedures if possible..
ARTICLE li - Recognition
The Employer recognizes Local 671 of the International Association of Firefighters as the authorized representative of
full-time City firefighters, including the positions of Fire Fighter, Fire Driver and Fire Captain and excluding all other
positions. New employees shall be eligible for Union membership after they have successfully completed six months
of employment.
ARTICLE III - Management Rights
The City shall retain the sole right and authority to operate and direct the affairs of the City in all its various aspects.
Among these rights are the City's right to determine its mission and set standards torservice offered the public;to direct
the working forces; to plan,direct, control, and determine the operations or services to be conducted in and by the
employees of the City; to assign and transfer employees; to hire, promote, and demote employees; to suspend,
discipline, or discharge employees; to relieve employees due to lack of work or for other legitimate reasons, such
layoffs being normally accomplished through attrition; to make and enforce rules and regulations; and to change
methods, equipment, or facilities.
ARTICLE IV - Shifts
A shift,as discussed in the Agreement,shall consist of one (1) person working tweniy-four and one-quarter(24.25) hours
continuously according to normal duty cycle,
A normal duty cycle shall include twenty-seven (27) consecutive days during which employees are assigned to a
repeating schedule every nine(9) days,per numbered shifts,with each employee assigned to work days one(1),three
(3) and five (5).
efl,ollfled velsion 3.15-02.wpd March 19.2002
Employees agree to be called back to work beyond a norrTrcal duty cyclo for cmr-.,rctr;ncy situations crs directed by the
Chief or designee.
ARTICLE V - Union Business
Employees elected to Union office shall be granted time to perform their Union funclions. Three (3) members of the
negotiating team shall be allowed time off for all meetings which shall be mutually set by the Employer and the Union.
A. The Employer shall allow space on bulletin boards which may be used by the Union for posting notices
bearing the official, written approval of the Union. Union notices shall be restricted to;
1. Notices of Union elections;
2. Notices of Union appointments and results of Union elections;
3. Notices of Union meetings;
4. Other notices of bonafide Union affairs which are not of a political nature,
B. Authorized, official Union business agents, not to exceed two (2) at any one tirne, may have access
to the City facilities,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 men'iber, a copy of the following:
1. Current Agreement between the City and Union;
2. Current adopted personnel policy, procedures, rules and regulations;
3. Departmental rules and regulations.
ARTICLE VI - Rules and Regulations
The Union agrees that its members shall comply with all City and Fire Department rules and regulations. It is agreed
that a grievance shall be defined as u dispute or difference of opinion raised by an employee covered by this
Agreement against the City involving him as to the meaning, interprelation, or application of the express provisions
of this Agreement. Such a grievance shall be processed expeditiously according to the procedures set forth below.
Nothing in this article shall prohibit the Union from assisling a member in an appeal pertaining to City or department
rules and regulations.
ARTICLE VII - Grievance Procedure
A member of the Union having a grievance under the provisions of this Agreement or any other rule or regulation of
the City or Fire 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 mom than one (1)
grievance arising out of each incident or occurrence.
ARTICLE VIII - Sick Leave
Each employee.shall accrue sick leave of the rate of twenty(20) hours for each month of service on or after the date
of this Agreement.
Ratified aaslon J-ISO..^.wpfJ 2 iAn"-h 19 1(X1Z
ARTICLE IX - Exclusion of Sleep Time for F.L.S.A, Purposes
The Fire Department employees agree to the exclusion of up to eight (8) hours per shift of sleep time provided the total
exclusion during any twenty-seven (27) day cycle shall not exceed thirty-eight (38) hours.
ARTICLE X - Minimum Manning Strength
The City Council has determined that the minimurn staffing level shall be set at twenty-one (21) and the minimum
manning strength shall be set at nine`een(19) fire suppression personnel per shift occupying the positions of Fire Fighter,
Driver and Captain. This number 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 shail be called to report when strength is below minimurn
manning levels based on the needs of the department for particular classes of individuals and particular training on
any given shift.
The City is exploring the possibility of expanding the corporate boundaries on the east, southwest and northwest sides
of the City. Should these efforts come to fruition during the period covered by this agreement, the City shall add at
least nine (9) additional personnel positions in the ranks of firefighter, driver, and captain, within sixty (60) days of the
effective date of the annexation which increases the cumulative area of the City by 25% or more over the area
included in the City as of April 1, 2002. Platoon staffing levels after such an annexation shall be set at twenty-five (25)
personnel including the assistant chief.
An employee working minimum manning shall be compensated at the basic hourly rate of pay for the first twelve (12)
hours in a bi-weekly pay period. All hours in excess of twelve (12) shall be paid at one and one-half (1'/2) times the
employee's hourly rate of pay, except under the; provisions of the Fair Labor Standards Act additional overtime shall
be paid.
Any policy, procedure or methodology used to provide the necessary work force to meet the minimum manning
requirements shall be so written and construed as to offer all employees equal opportunity to participate. A
reasonable effort shall be made to contact all off-duty personnel before mandatory service is imposed. No policy,
procedure or methodology for meeting the requirements of minimum daily strength shall be changed without ninety
(90) days notice of such in writing to the Union unless an earlier implementation dale is agreed to by the parties,
ARTICLE XI - Shift Exchange
Employees shall have the right to exchange shifts with olher qualified personnel as set forth in the provisions of the Fair
Labor Standards Act.
ARTICLE XII - Vacation Time
A. Every employee shall begin to :accrue vacation immediately after hiring, but will not be eligible for taking
vacation hours from shift work until after six months service with the Employer,
Employees shall accrue vacation leave credit al annual rates as follows:
1 - 5 years service 145.50 hours
6 • 10 years service 1 69.75 hours
11 - 15 years of service: 194.00 hours
16 - 23 years of service 218,25 hours
24 years and over 242,50 hours
Rnhfied verlon 7.15-02-pr1 - 3 - IA w li 19 2W2
a
B. Vacation - how scheduled, how taken.
The first four (4) vacation picks will be based on projected orinual occruol rate of vocation firne for the
individual for the upcoming year.
Vacations will be scheduled in December for the upcoming year on a rotation basis.
Vacations may be canceled or postponed by an Assistant Chief or Chief 10 ensure the availability of personnel
for duty.
Employees will pick vacation dates using employment seniority by platoon to determine the selection order,
Military leave may be granted when two (2) vacations are previously scheduled. Military leave dates will be
provided by the employee for each year as soon as dates are available.
There will be no more than two (2) employees per platoon on vacation at a lime wi►hout the explicit approval
of the Fire Chief, unless manning numbers on the platoon increase. If there is an increase in manning levels
and no change in the minimum manning requirements, the number of employees per platoon on vacation
on a single shift shall be three (3).
When a platoon transfer occurs, the individual affected will have to reschedule to an available date, trade
time or carry over vacation time to the following year as provided in the City Personnel Policy Manual unless
the transfer assignment was not at the employee's request. Individuals transferred pursuant to promotional
changes shall have their vacation schedules honored 10 the extent they do riot disrupt the operations of the
department. This includes the honoring of the calendar firne off regardless of the shift schedules.
1. On first pick,no member will pick.more than one hundred forty-five and one-half (145,5) hours
(six (6) shifts )of vacation during the first round of vacation 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) hours [six (6)shifts] in consecutive increments.
2. On second pick, no member will pick more than seventy-two and three-fourths (72.75) hours
(three (3) shifts] of vacation during the second round and must be consecutive days.
3. On the third pick,members can pick vacation in twenty-four and one-fourth(24.25) hours[one
(1)shift], forty-eight and one-half (48.5) hours [two (2) shifts) or seventy-iwo and three-fourths
(72.75) hours [three (3) shifts] increments. Days picked will be consecutive days.
4. On the fourth and final pick members may pick vacation in twenty-four and one-fourth (24,25)
hours [one (1)shift], forty-eight and one-half (48.5) hours [two (2) shift], or seventy-two and
three-fourths (72.75) hours [three (3) shifts] increments. Days picked do not have to be
consecutive.
5. After the fourth pick, members may pick a day or days they have carried over from the
previous year.
An employee will have from the time notified to pick until the same time the following shift to submit their
selection.
Anyone not selecting vacation dates when notified 10 do so will be considered as having passed and will not
be recontacted until the fourth pinking rotation has been completed.
Individuals may turn in previously scheduled vacation days with prior notification of the shift assistant chief,
Vacation days may be turned in only after the fourth pick has been completed. Vacation time cannot be
exchanged for sick leave if the individual becomes ill while on vacation nor used for family sick leave.
Vacation dates turned in may be selected on a rotation basis after the fourth rotation pick. Half-day vacations
may be picked as long as it does not conflict with that shift's manning level. Half-day vacations must be for
Ralilind version 1•I5-02.wpd 4 - Oa,cn 19-1002
the first half of a shift or the last half of a shift. Less than a half-day vacation may be requested and used at
the discretion of the assistant chief on duty.
ARTICLE XIII - Agreement Binding on 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 - Step-up Pay
In the event an employee works in a capacity and rank higher than said employee's designated rank, then said
employee shall be paid a special differential of thirty dollars ($30.00) per day shift or partial shift for stepping up. A
partial shift is defined for purposes of this paragraph to mean IweNe (12) or more hours.
In the event an employee performs as an instructor for departmental training, then the employee shall be paid thirty
dollars ($30.00) for each shift in which the employee performs as an instructor.
ARTICLE XV - No Strikes - No Lockouts
A. No Strike.
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 participate in any strike, concerted stoppage
of work or other intentional interruption of the operations of the City. Any employee who violates the provisions
of this section may be discharged immediately or otherwise disciplined by the City.
B. No Lockout.
The City will not lock out any employee during the 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 of the Union is hereby 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 adjustments.
B. Special Duty Incentive.
There will be not more than six (5) positions, two (2) per platoon,designated for the purpose of inspector. The
duties and responsibilities of the inspector will be in addition to requirements of the rank performing the
additional duties. A differential of four percent (4Ia) will be paid tc, 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 all eligible employees who wish to apply for the position, Nothing in this section
precludes an employee from serving as an inspector for successive terms, but the individual must be re-
selected from the list of applications.
Pay Advancement Program.
The pay advancement program shall consist of two parts. Employees may receive raises based on
performance known as "merit pay increases" as set out below. In addition to any merit pay increases,
4" _
Ratified verilnn 3.15-02.wpd - 5 - March R 2002
employees may also receive educational pay increases as set out in the program below, Merit pay increases
recognize employees for high job performance and the enhancement of job skills and knowledge acquired
through the employees' own effords and initiatives. Such pay advancements serve to distribute budgeted
monetary resources to employees who distinguish themselves above the average employee. For merit
program effectiveness, performance is necessarily compared to other employees to determine what
constitutes average, To maintain merit program integrity,unsatisfactory and marginal performance shall not
be rewarded with salary advancements. Maximum Pay increase in any one (1) year from merit and
educational programs shall not exceed forty cents ($0.40),except in FY 2001-2002 the average pay increase
shall be approximately twenty-seven cents ($0.27). Merit Pay and Educational Pay Advancement increases
will be implemented annually effective the first pay period in April.
1, Merit Pay Advancement.
Merit pay advancement shall be subject to a cap as follows; (Based on current range)
TERM MAXIMUM MERIT PAY
ADVANCEMENT RANGE
November 2001 to October 2002 $0.00- $0.15/hr.*
November 2002 to October 2003 $0,00-$0.15 1hr.
IL November 2003 to October 2004 $0.00- 0.15/hr.
*It is understood and agreed that the average increase will be targeted at five cents ($0.05).
Raises will be based on performance which has been documented as overall good or a better rating
through the performance appraisal.Marginal performance shall not be rewarded with pay advances.
2. Educational Pay Advancement.
TERM MAXIMUM EDUCATIONAL
PAY ADVANCEMENT RANGE
November 2001 to October 2002 $0.00-$0.25/hr.*
November 2002 to October 2003 $0.00- $0.25/hr.
November 2003 to October 2004 $0.00- 0,25/hr.
*The departmental average for this fiscal year shall be approximately twenty-two cents ($0.22)
Completion of the following training courses or any other pre-approved equivalent courses.
$0.10/hr. Surviving Flaz Mat I
Surviving Haz Mat 11
Recertification for Instructor- Including required CEO's
Recertification for Inspector- Including required CEO's
Recertification for Investigator- Including required CEU's
5 CEU's in Fire Science or related field not otherwise used
Confined Space Rescue.
french Collapse Rescue
Hazardous Materials - Operations Certification
MCTO Series- Prep„ Decision Making, Tactics
Pumping Apparatus, Driver/Operations
NFA/EMI Incident Command System
Either one of the above or an additional course selected by the Training
Officer shall be provided during on-duty time each calendar year
$0,15/hr. Inspector Certification-Including required CEO's
Investigator Certification - Including required CEU's
Instructor I Certification
Ratified version 3.I5-02.wpd - 6 March 19,2002
Instructor II Certification
Fire Fighter ii State Certification
Fire Officer I Certification
Fire Officer II Certification
Hazardous Material Technician
Rescue Systems I
NOTE: All certifications shall be through the Missouri Division of Fire Safety.
$0.25/hr, College Credit for 12 credit hours for Fire Science or related course work not
previously utilized for education step increase.
On or before March 1 of each year, employees must indicate in writing any courses or activity that
they have earned during the prior twelve (12) months and indicate which, if any, of those courses or
activities they intend to seek credit towards an educational pay advancement.
All courses for which credit has been earned but which has not been utilized may be banked for future
use provided that if any credit is banked for a course or activity which is subsequently eliminated from
the list of approved courses that credit must be used within two (2) years of the date on which it is
earned or the course is dropped from the list, whichever is later.
All members of the aepartment who have banked any credits for E.M.T.certification or recertifications
shall utilize them prior to October 31, 2002.
All required training to maintain an E.M.T.license shall be offered by the department annually as part
of a regularly scheduled on-duty training program. Members of the department who do not
participate shall be responsible for arranging alternative training,
The City will track and credit CEU hours which are part of certificates turned in, but are not necessary
for meeling the education requirements as set out above. In addition to recognizing CEU credit
balances, the City will recognize any cents per hour balances left over from turning in courses whose
total raises are in excess of the cap level at the time the credits are turned in. This last credit must be
ulitlzed in the year following recognition of the underlying courses or training.
Bonuses.
Motif Salary increases and merit bonuses recognize employees for high job performance and the
onhc:.incoment of jot:,skills and knowledge acquired through the employees'own efforts and initiatives.
Such pay Cldvancernents serve to distribute budgeted monetary resources to employees who
cll;tinquish thollvi Ives above the average employee. For merif program effectiveness,performance
is noc'es,c-rrily Con-1pcar(.)r,t la other employees to determine what constitutes average. To maintain merit
tarcx.trcan� inle(pity, unscalisfactory and marginal performance shall not be rewarded with salary
ocivcancornents,
Morif I;rrinry increases and rnerit bonuses shall be made to full time and part time with benefit
of nployoc,s only in accordance,with this policy and shall be further limited to the funds available and
O1.1C.lgolod Ivr sc.rc;h ocivunconusnls.
((,) for c;mployr:os whose scriarics are below the maximum of the salary range,merit increases up
Ic> i>f cuv m"JI olury not to exceed the pay range maximum may be awarded between
cn7tmol cmnivc;rsc(y d atlos of rv>lpioymenl.
(t)) I'of employoos cat iho maximum of pay range, merit bonus(es) totaling up to $1000 may be
crwc,arcic;c.f bO!W!0f1 Crr Wr_1I anniversary dates of employment.
r":11 1.111ploa 'ooc who toac h pay range maximum with less than a 5%salary increase between two
cannivcrr oiy dcatos n iay be awarded a merit bonus not to exceed$1000 or 5%whichever is less
whoa c:carr7tainr rt wilh the ovc,ralt annualized dollar amount of the merit salary increase.
PgUllbd�me,a.IISU:wpr _
7 - March 19.2002
ARTICLE XV11 .. Holiday Pay
In addition to regular pay rates, fhe City agrees to Pay a prerniUn) of 24.25 times the base hourly pay rate to each
employee covered by this Agreement for each holicaay recognized Arid observed by the City.
ARTICLE XVIII - Withholding and Payment of Union Dues
The Employer agrees to withhold Union clues on,i bi-weei<ly b(:rsis fron) all Union r-nembers who have authorized the
withholding by the completion of an approprinle fonn try be kopl on !ile in each individual's personnel record. The
amount withheld will be paid to the Union on a nionfhly basis loss the adminis Ira five fee charged to cover the cost of
the service. The Employer will provide full ac.c:cwnting docunaentcrtion on the Ircansactions covered by this article.
The Union agrees to keep the Employer infounn:d of they crrncu.rnt of incfividual tnonthly cities to be withheld and to notify
the Employer at least thirty (30) days in advanc;c: of any c:honcfe in fhc; ornount withheld.
The Union agrees to provide siclnect withholding loans to tho Ftiiploy(:r c:rrlcl to t:)ay twenty five cents ($0.25) per month
per individual for the FrYtptoyet's Cldrnir'liStrciliVO cast. lhc; Union rac!r o,l ihcaf iN, for sF:rvices shall be withheld
from the monthly dues check from !het Frnployor.
ARTICLE XIX - Physical Fitness Program
All members shall participate in a physic:ul fitness procfrc:rm I-xosed on (ichieveitieraf of job related tests commencing
with new hires and adjusted for ache, rho City sl I(All f=rovido opproptiote I--)l ysical fifnesr equipment at each fire station.
The City shall undergo a process 10 evolurate t)nysical fitness(:.Irui develop erf:)piooric:rte testing standards related to job
performance. The test developed for ornpic,yoes within the depcadmenl shall be approved by both parties to this
,agreement, Once standard,arc: erq- oyee,willain the dc1:x7rtnnc;n1 will be subjected to testing and the
results of that testing may be taken into considerntlon In the merit f_)orfion of pay increases.
ARTICLE XX - Union Decals On Helmets
A single union decal,dither 2"in diameter or 1 I/2"x :3"if rc�ctur,clulcu,n r(ay he placed on the back side of a firefighter's
helmet, No other personalization of union r 10c:fos rrray Lx; pinc od on cony fire equipn`)ent or clothing.
ARTICLE XXI - Entire Agreement
This Agreement consfitutt s iho cmfire c:rc;it,o eC it t,,c:;I Vvoel,tl lc.I u rrtie:)s rn lc) concludr;s their rneet and confer sessions
of this Agreement.
ARTICLE XXii - Duration of Agreement
With the exception of At ticie XIV, kris Agrc;erru-r It shr.rll h1,r4 h;r..livo crs of Aovu.m hrrr 1,2001 arid shall remain in full force
and effect until Octolaer 31, 2004 unless sr.af,c;rcr c!r cl by cr nc,w or reyvi;erl enfered into by the parties.
Article XIV shall become effective up ari mlilir:crficrrr of !his ot1Irc.,f?m onl. Irt ffre:rwc;nl the City experiences a decline in
annual gross revenue composed to the omounf t:,urlete;fc c for i isc;:il''1000 2001 cars shown In the annual audit of the City,
this Agreement may be termincjfed or rnodifiod followitiq sixty (60) eac7y% wrillen notice,,. For purposes of this article,
annual gross revenue shall be dofined c.rs P in! of clrorih ioc:eived 1:)y the C;ify from all sources except
City funds.
0 ARTICLE XXIII - Savings Clause
The provisions of this Agreement shall be deemed sc-rvc-nciblc„In the ovr�r-,l Ifice!or provision of this Agreement is found
by a court of competent jurisdiction tea be iravca;i,_l,the-s pt ovisiom of this Actroerne of shall remain valid unless
Ra6lied verilon J.15 07 wpd f:3 Ma"J,19 2002
Y
the court finds the valid provisions,standing alone,are incomplete and incapable of being executed in accordance
with the parties'intent,if any part of this Agreement regarding the rights or duties of the City is found invalid,either party
shall thereafter at Its election have the right to cancel this Agreement within 120 days of such decision upon the giving
of ninety (90) days written notice, )
Executed this_ t'day of 2002.
CITY OF JEFFERSON LOCAL I.A.F.F, 671
May r President
ATTES
City Clerk Vice esident
APPROVED AS TO FORM.
f
City Counselor
Rafilod vanlon 3•15-02.wpd — 7 March 17,2002