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
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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.
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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 .
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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 .
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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: