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HomeMy Public PortalAboutORD10618 BILL NO. 2A SPONSORED BY COUNCILMAN ,,) ORDINANCE NO.�I���� AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A WORK AGREEMENT WITH I .A.A.F. LOCAL 671 . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and Clerk are hereby authorized and directed to execute a work agreement with I .A.A.F. Local 671 representing City firefighters . Section 2. The work 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— Approved re ding Off ice M or ATTEST: :City Clerk r 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, hereinafter referred to as the Employer, City, or Management, and Local 671 of the International Association of Firefighters , hereinafter referred to as the Union. 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 parties agree that there shall be no discrimination because of race, creed, sex, color, age, nationality, or political beliefs , or for participation in or affiliation with any labor organization. The City and Union agree that the provisions of this Agreement shall apply to all employees covered by the Agreement, without discrimination. 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. ARTICLE II - Recognition The employer recognizes Local 671 of the International Association of Firefighters as the authorized representative of full-time, permanent City Firefighters , excluding the position of Chief. The positions of Assistant Chief, Training Officer, Secretary, and Public Education/Safety Officer are currently disputed as to their inclusion. New employees shall not be eligible for union membership until they have successfully completed their probationary period. The Employer agrees to consult with the bargaining unit concerning matters affecting working conditions or grievances of its members, to the extent that such conferences do not abrogate or in any manner abridge the right of Management to conduct business as set forth in this Agreement. ARTICLE III - Management Rights The City shall retain the sole right and authority to operate and direct the affairs of the City and the Fire Department in all its various aspects , including, but not limited to, all rights and authority exercised by the City prior to the execution of this Agreement, except as modified in this Agreement. Among the rights retained are the City's right to determine its mission and set standards and service 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 Fire Department or by the employees of the City; to assign and transfer employees within the department; to hire, promote, and demote employees; and to suspend, discipline, or discharge employees for just cause; to relieve employees due to lack of work or for other legitimate reasons , such layoffs being normally accomplished through attrition over a period of time with seniority being a consideration; 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 man working twenty-four (24 ) hours and fifteen ( 15 ) minutes continuously according to normal duty schedule. Ask ARTICLE V - Union Business Employees elected to Union office shall be granted time to perform their Union functions . Three 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 time, 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 . -2- C. The City shall furnish to the Union, and each member, a copy of the following: qP 1. Current Ag.:eement 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 . The City agrees that the Union will be consulted during the development stage of the aforementioned rules and regulations. It is agreed that a grievance shall be defined as a dispute or difference 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 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 VII - Grievance Procedure A. A member of the Union having a grievance which falls under the scope o` this agreement, as defined in Article VI above, shall have ten ( 10 ) business days from the time he becomes aware of or should have become aware of the cause of the problem promoting the grievance to make his supervisor aware of the problem and give him the opportunity to resolve the prublem. B. If the supervisor is unable to resolve the problem, the member shall immediately (not later than the tenth day after he becomes &ware of the problem) submit his grievance in writing to the Union Grievance Committee, stating all facts of the matter, including the nature of the problem, the date he became aware of it, the date he informed his supervisor of the problem, and the date his supervisor answered his grievance. The Union Grievance Committee shall determine if a grievance exists and whether the effort to resolve the problem at the supervisory level has been satisfactory. The Committee shall make appropriate efforts to assist in the resolution of the grievance at the supervisory level. If the Committee feels a grievance does exist and it has not been able to help resolve the grievance, it shall present the grievance within five ( 5) business days of its receipt by the Union Grievance Committee to the Fire Chief in writing. -3- C. The Fire Chief shall have ten ( 10 ) business days to answer and/or resolve the grievance. If the member still does not feel the grievance has been settled, he shall immediately (within three ( 3 ) business days ) submit his grievance in writing to the Mayor or his designated representative. D. The Mayor or his designated representative shall have twenty ( 20 ) business days to review and resolve the grievance. If the member is not satisfied with the resolution of his grievance after this step, he shall present a written request to the City Administrator for advisory arbitration within three ( 3 ) business days of his notification of the decision of the Mayor or his designated representative. E. The Arbitration Board shall consist of five members , four of whom shall be appointed by the Mayor, and shall be qualified voters of the City of Jefferson. Two of these appointments shall be made from a list of four or more, submitted by the Union. If the request for arbitration is initiated by petition of the Union, the petition shall be accompanied by a list of four or more persons . If the request for arbitration is initiated by the City Council, the Mayor shall mail a copy of the resolution, together with a request for the submission of a list of four or more prospective members of the Firefighters ' Arbitration Board '.o the Union. The four members appointed by the Mayor shall select the fifth member of the Board, who may or may not be a registered voter of Jefferson City. The Board shall meet and organize as soon as possible after its appointment . The Board shall select from its membership a chairman and any other officers it considers necessary, and make rules of procedure governing its hearing. F. The Board shall conduct hearings, with dispatch, for the purpose of hearing evidence relevant to the subject of the dispute, and shall, as soon as practical, report it findings and recommendations in writing to the Mayor of the City of Jefferson. The report shall be concurred in by at least three members of the Board. The recommendation shall be advisory only and shall not be binding upon the City or upon the Union. G. Members of the Board shall starve without compensation. All necessary expenses of any hearing conducted by the Board members, certified to by all members of the Board, shall be paid by the City. ARTICLE VIII - City Vehicle Liability Insurance The City shall provide adequate group liability in the form of blanket coverage for employees who are required and qualified to operate a Fire Department vehicle while on duty. Individuals operating Fire Department vehicles must possess a current valid operator's license in the State of Missouri. -4- ARTICLE Ix - Sick Leave Sick leave shall be earned and accumulated at a ::ate of twenty-four ( 24 ) hours of sick leave for each month of service. Employees shall accumulate sick leave from their first day of employment and shall continue to do so as long as they are employed, with maximum accumulation of 1440 hours . Sick leave may be extended beyond 1440 hours by the City Council. Any employee incurring a non-duty sickness or disability shall receive sick leave with full pay. ARTICLE X - Clothing Allowance A. As of November 1, 1980, the City will furnish all uniforms , protective clothing, or protective devices required of employees in the performance o-° their duties without cost to the employee. After the initial issue of uniforms, protective clothing, and protective devices , the City will provide replacements based upon normal wear and usage. B. Clothing allowance for the Union members shall be handled on the same basis and in the same manner as is provided by rules and regulations governing the clothing allowances for other City employees which require uniforms. Such rules and regulations relating to clothing allowance shall be adopted in accordance with the provisions of Article VI . ARTICLE XI - Family Medical Coverage Program The Employer agrees to contribute one hundred percent ( 100%) of the cost of the premium to the individual major medical program provided by the City. The Employer agrees to contribute twenty-five (25%) of the cost to the premium for the family major medical program provided by the City. ARTICLE XII - Holidays The City shall recognize and observe nine (9 ) holidays per year for all full-time, permanent employees of the Fire Department. -5- The following holidays are those which shall be so recognized and observed: New Year's Day Christmas Day Employee's Birthday Veteran's Day Labor Day Independence Day Memorial Day Thanksgiving Day Truman's Birthday In addition to regular wage rates, the Employer agrees to pay a premium of 1/122 of the annual base salary for each holiday recognized and observed. ARTICLE XIII - Shift Exchange Employees shall have the right to exchange shifts with other qualified personnel when the change does not interfere with the operation of the Fire Department. Such shift trades shall be with supervisory approval. ARTICLE XIV - Vacation Time Every employee shall be eligible for a vacation with pay after one ( 1) year service with the Employer. Employees shall start to earn vacation allowance as of their first date of employment. Vacation allowance shall be earned annually based on the following schedule: 1 - 5 years service 6 shifts 6 - 10 years sex-vice 7 shifts 11 - 15 years of service 8 shifts 15 years and over 9 shifts ARTICLE XV - 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. ARTICLE XVI - Exclusion of Sleep Time for F.L.S.A. Purposes The Fire Department employees agree to the exclusion of up to eight hours per shift of sleep time provided the total exclusion during any twenty-seven ( 27) day cycle shall not exceed thirty-eight ( 38) hours. This waiver is effective only until October 31, 1987. -6- ARTICLE XVII - Constant Manning Constant manning shall begin when the manpower on duty drops below eighteen ( 18) . The following procedure shall be followed for recalling off-duty personnel. A list, by seniority, for each position in the Fire Department shall be established. When it is necessary to recall personnel for constant- manning, the position vacated shall be filled by an individual for the same rank or position, by using the established roster for that position. Firefighter for Firefighter Driver for Driver Captain for Captain Assistant Chief for Assistant Chief Each list shall be completely exhausted before calling an individual a second time. In the event no one of equal rank can be reached, Guideline G. will be followed. The assistant chief and shift steward shall work together calling in constant manning personnel not starting before 0545 hours. A visable constant manning board shall be posted in the assistant chief's office and updated daily. Guidelines jdglh A. An employee working constant manning shall be paid at his straight time rate until he has accumulated actual hours of work under the rules of the Fair Labor Standards Act exceeding permitted hours for the cycle in which the constant manning is worked. Constant manning hours in excess of the permitted hours after application of the F.L.S.A. rules and the exclusion in Article XVI shall be paid at one and one half times the employee's basic rate of pay. B. An employee who has taken sick leave will not be called for constant manning the entire twenty-four (24 ) hour shift following sick leave. C. An employee 's name will be placed at the back of the list when: 1. He works constant manning; 2. He refuses to work constant manning; 3. An employee is called two (2 ) different occasions and not reached. _7- D. An employee called to work constant manning ;:or lass than eighteen ( 18 ) hours will not lose his turn in place on the call list. E. For constant manning purposes only, vacation time starts at 0630 following completion of last scheduled shift until 0630 of the scheduled shift following completion of vacation. F. An employee on vacation, attending an out of town school, on bereavement or military leave, can refuse and not lose his place on the list . G. Constant manning will be used rank for rank, provided an equal rank employee can be located. In the event no equal rank can be obtained, the next lower rank will be called except for the firefighter's positionn, and then the next highest will be called. Example: Assistant chief to captain to driver to firefighter. Firefighter to driver to captain to assistant chief. Should the callers reach the end of the list without obtaining a replacement, the callers will contact arty employee they can and that employee will work regardless of the position vacant. In the event constant manning can apply to two separate ranks, the constant manning should be rotated between .he ranks beginning with the highest rank. H. An employee who does not wan: to be called to work constant manning may request that his card be marked "DO NOT CALL. " The notice to mark the card is to be in writing to the Fire Chief. To have his name and card used again, the employee must send a letter to the Fire Chief requesting to be called. All employees are subject to call when no one on the list is available. I. The rotation list will be a card file system for each rank, maintained and called from by the assistant chief and the shift steward working together. J. In using step-up, if the man stepping up or assumed to step-up is sick, procedure is to constant man the position, not the man. K. If a disagreement in the way constant manning is being implemented arises between the assistant chief and shift steward, the assistant chief 's judgment should be followed. The views of -8- UAMMM both will be brought before the Fire Chief who will act as arbitrator for a solution to the problem for future occurences . L. when the extra driver is sick and manning is below eighteen ( 18) , constant manning is called for a driver. ARTICLE XVIII - Basic Rate of Pay and Step-up Pay A. Basic rate of pay shall equal annual salary established for position divided by 2, 912 hours . B. 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 $15.00 per shift or partial shift. A partial shift is defined in this paragraph to mean eight or more hours . ARTICLE XIX - Meal Allowance The Fire Department employees authorized to work a twenty- four (24 ) hour or longer shift assignment shall be paid a meal allowance of $4 .50 per shift . Meal allowance per employee shall be figured for actual shifts worked on the first paycheck after the completion of the fiscal quarter. If an employee terminates AWL employment with the City prior to the end of a quarter for which the allowance is to be paid, an appropriate amount of the allowance shall be added to the employee' s final paycheck. ARTICLE XX - 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. -9- ARTICLE XXI - Life Insurance The Employer agrees to provide group life insurance coverage for each employee at amounts to be determined by the City and contribute 100% of the cost of the program. ARTICLE XXII - Classified Pay Plan The Employer agrees to establish a classified pay plan with a fixed number of steps in each pay range. The City will distribute copies of the pay plan and establish the means by which progress can be made from one step to the next in each pay range. ARTICLE XXIII - Deferred Compensation The Employer agrees to make available a deferred compensation plan for voluntary participation by Union members . There will be no cash contribution made by the employer. ARTICLE XXIV - Retirement Allowance The Employer agrees to mace payments to all Fire Department employees who are covered by the Firefighters ' Pension Fund equal to the amount of the employee contribution required. These payments will be effective as of January 1, 1983, and will be made with each paycheck. ARTICLE XXV - Withholding and Payment of Union Dues The Employer agrees to withhold union dues on a bi-weekly basis from all Union members who have authorized the withholding by the completion of an appropriate form 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 fee charged to cover the cost of the service. The employer will provide full accounting documentation on the transactions covered by this Article. The Union agrees to keep the Employer informed of the amount of individual monthly dues to be withheld and to notify the Employer at least thirty days in advance of any change in the amount withheld. The Union agrees to provide signed withholding forms to the Employer and to pay 10� per month per individual for the Employer's administrative cost . The Union agrees that this payment for services shall be withheld from the monthly dues check from the Employer. r� -10- ARTICLE XXVI - Training, Education, and Physical Fitness The Employer agrees to implement a program emphasizing training, education, and physical fitness for Fire Department personnel. This program will be voluntary in nature and will be structured so that if basic physical fitness requirements are met on an ongoing basis, then incentive pay steps may be earned by Fire Department personnel after completing education, training, and/or advanced physical fitness requirements . Copies of the program will be provided to the Union officers and will be available at each station, in the Chief 's office, and in the office of the City Administrator. The Union will work with the Employer in implementing and updating this program from time to time to ensure the programis challenging while attainable. ARTICLE XXVII - Entire Agreement This Agreement constitutes the entire agreement between the parties and concludes their collective bargaining for the term of this agreement. ARTICLE XXVIII - Duration of Agreement This Agreement shall be effective as of April 15 , 1986, and shall remain in full force and effect until October 31, 1987, or until a new or revised Agreement is entered into by the parties hereto. Limited negotiating sessions will be held in September and/or October 1986 for the sole purpose of discussing pay treatment. There is to be no change -to Article XII, Holidays, and holiday pay will not be open to negotiation prior to October 1987 . CITY OF JEFFERSON, MISSOURI LO L 71, I.A.F.F. t Richar Ives, President Local 671, I.A.F.F. e�19 1ZP'r A� ATTEST: Charles Skornia, Secretary Local 671, I.A.F.F. Date: ('� ,✓ //. /S renda Cirtin City Clerk LETTER OF UNDERSTANDING We, the undersigned negotiators for the City of Jefferson and Local 671, I.A.F.F. , mutually concur on the terms of a new work agreement following numerous meetings . Tne terms of the new agreement shall incorporate the following concepts: 1. Work shifts shall be twenty-four hours and fifteen minutes in length and shall be on a twenty-seven day cycle, 2. Members of Local 671 agree to voluntarily waive thirty-eight hours of sleep time for FLSA purposes during each twenty- seven day cycle. 3. The pay rate for constant manning shall be straight time until the FLSA limit is reached and time and one-half there- after. 4 . The first call from the call back list shall be voluntary, but becomes mandatory with the second call. If no one is obtained to work from the second call, all members of the department are subject to call. 5. Meal allowance money will be paid for the first quarter of fiscal 1985-86 on the first payroll following May 1, 1986 , and will be paid thereafter at the end of each quarter for days actually worked during that quarter. 6. Education steps for fiscal year 1985-86 shall be granted as they would have been approved but for any prior agreement. 7. If required by FLSA, there shall be effective April 15 a pay increase for all members of Local 671 up to 1%. 8. Local 671 shall file, separately or jointly with the City, a Petition for Clarification to clarify the position of Assistant Chief, Administrative Secretary, Training Officer, and Public Education and Safety Officer. Local 671 agrees to stipulate that the positions of Assistant Chief and Administrative Secretary shall be excluded from the bargaining unit immediately. 9 . Limited negotiating sessions will be held in September and/or October 1986 to discuss pay treatment only. 10. There shall be no change to the article of the work agreement involving holiday pay, and it will not be open to negotiation prior to October 1987 . r . 11. Article VII , Paragraph C, shall be amended to permit three business days for filing an appeal of a determination by the Fire Chief. 12. The work agreement shall run from April 15 , 1986, until October 31, 1987. Robert Ren ck Rich d Iv President Fire Chiefy Local 671, I .A.F.F. Allen Gar m Mills , Vice President City Counselor Local 671, I.A.F.F. c. Lonnie Brand Fire Driver Aft Dated: