Loading...
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