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HomeMy Public PortalAboutORD10938 BILL NO. 87-133 _ SPONSORED BY COUNCILMAN HALSEY ORDINANCE NO. 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 ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: f, 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 contract 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 '/'Oe'/ �--- /5'r.2 Approved z% /9d7 Presidi f f icer Mayor ATTEST: City Clerk 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, including the positions of Firefighter, Driver and Captains and excluding all other positions. 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 Anil 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 cycle. A normal duty cycle shall include 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 1, 3 and 5. Employees agree to be called back to work beyond a normal duty cycle for emergency situations as directed by the Chief or designee. 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. t . WANM C. The City shall furnish to the Union, and each member, 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. .. 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 of 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 problem. B. If the supervisor is unable to resolve the problem, the member shall immediately (not later than the tenth day after he becomes aware 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 male 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. 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 whore 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 to 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 serve 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. ARTICLE IX - Sick Leave ® Sick leave shall be earned and accumulated at a rate of twenty-four (24) hours of sick leave for each month of service. AML 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 of 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 hasis 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 ten (10) holidays per year for all full-time, permanent employees of the Fire Department. 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 Truman' s Birthday Thanksgiving Day Martin Luther King' s Birthday In addition to regular wage rates, the Employer agrees to Ah pay a premium of 1/122 of the annual bass 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 service 7 shifts 11 - 15 years of service S shifts 15 years and over 9 shifts Ash Vacation shall be earned as prescribed by City Ordinance. Vacation schedule for each shift will be established in December for the upcoming calendar year. Vacations will be scheduled with the shift assistant chief. Vacations may be cancelled or postponed by the shift assistant chief or chief to ensure the availability of personnel for duty. Employees will pick vacation dates using employment seniority by shift to determine the selection order with the exception of the assistant chiefs. There will be no more than two shift employees on vacation at a time per shift without the explicit approval of the fire chief. If a shift transfer or assignment change occurs the individual affected will have to reschedule to an available date, trade, dates or carry over vacation to the following year as provided in the City Rules and Regulations unless the transfer assignment was not at the employee' s request. Military leave will be granted when two vacations are previously scheduled. Military leave dates will be provided to the shift assistant chief for each year as soon as dates are available. Compensation time usage is not authorized to be taken when two (2) employees are scheduled for leave. No more than one ( 1) officer from the same station can be on vacation at the same time. No member shall pick more than G shifts of vacation during the first two rounds of vacation selection, and must be in 3 or 6 shift intervals. Anyone who passes, refuses to select when it is their turn, will be placed at the bottom of the seniority, list for that selection year. Anyone not picking with in a shift . work day will be considered to have passed. One shift vacations will be considered as long as it does not conflict with the total number of employees on vacation or compensatory time off. Unscheduled vacation requests will be taken after the entire shift vacation scheduling is completed, 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, 1988. 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. 71 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 visible constant manning board shall be-. posted in the assistant chief's office and updated daily. Guidelines 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.D.S.A. rules and the exclusion in Article XVI shall be paid at one and one half times the employee's basic rate of pair. 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. D. An employee called to work constant manning for less than eighteen ( 13) 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 position, 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 any 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 the ranks beginning with the highest rank. H. An employee who does not want 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 both will be brought before the Fire Chief who will act as arbitrator for a solution to the problem for future occurrences. L. When the extra driver is sick and manning is below eighteen (18) , constant manning is called for a driver. M. For purposes of pay for constant manning, the first twelve ( 12) hours will be compensated at straight time rate, all hours in excess of twelve (12) hours per the biweekly payroll period will be paid at one and one half time the employee's basic rate of pay. 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 twelve (12) 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 $5.50 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 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. H. 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 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 and Merit Steps A. A pay plan for the members of -the union is hereby established as follows: Probationary Firefighter $14,353 Firefighter 14, 933 22,013 Driver 16,817 24,790 Captain 18, 939 27,918 Each classification shall be divided into forty steps of one percent increments. The current pay plan will be converted into the new pay classification. Union, members current range and step shall be translated to an exact dollar equivalent on the new plan. Then all members shall receive a 3% across the board increase effective November 1, 1987. Probationary Firefighters will receive the probationary salary of $14, 353 . Upon successful completion of the probationary period of one year, the salary will be increased 4$ to the first step of the Firefighters range. A probationary Firefighter is not eligible for merit increases under the provision of Section B. below. SPECIAL DUTY INCENTIVE. There will be not more than 6 positions, 2 per shift, designated for the purpose of inspector/ investigator. The duties and responsibilities of the inspector/ investigator will be in addition to requirements of the rank performing the additional duties. A differential of either 2% or 4% will be paid to the individuals filling the position. B. Merit Pay Plan A performance evaluation will be completed on each Firefighter, Driver and Captain prior to any merit increase. Firefighters, Drivers and Captains are eligible to receive a maximum six ( 6) step increase (6%) based on the following four criteria which would be implemented effective the first payroll period of April, May and June respectively. 1. Physical Fitness - 2* merit based on a very good level in all the steps as defined in the Physical Fitness Assessment Program. Testing would be either by April, May or June and six (6) months following to be eligible for the following year. 2. Education - 2% merit based on successfully completing one of the following 13 steps: 1. Red Book I 2. Red Book II 3. BOCA Fire Codes 4. Life Safety Code 5. Fire Command 6. Firefighter II - 10 C.E.U. 7. 15 years service available with no employment date cut off. 10 C.E.U. 8. E.M.T. - E.M.T. Refresher not required, refresher applies to CEU credit. - 10 C.E.U. 9. Certified Instructor. - 10 C.E.U. 10. Certified Fire Investigator - 10 C.E.U. 11. 10 hours college credit toward A.A. or B.S. degree in Fire Science or Public Administration. - 10 C.E.U. 12. 20 additional hours college credit -toward A.A. or H.S. degree in Fire Science or Public Administration. 10 C.E.U. 13. 30 additional hours college credit toward A.A. or B.S. degree, in Fire Science or Public Administration. 10 C.E.U. 3. Sick Leave - 1% merit earned for zero sick leave based on usage from November 1987 through April, May or June 1988, and that any form of sick leave used will be counted. And that future years sick leave usage would be measured on the calendar year, and that 24 hour sick leave usage or less was allowable for a 1% adjustment in the future, beginning with calendar year 1988. 4. Safety - 1% merit for no injuries except for those unavoidable accidents determined by the Central Safety Committee. 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 make 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. ARTICLE XXVI - Entire Agreement This Agreement constitutes the entire agreement between the parties and concludes their meet and confer for the term of this agreement. ARTICLE XXVII - Duration of Agreement This Agreement shall be effective as of November 1, 1987, and shall remain in full force and effect until October 31, 1988, or until a new or revised Agreement is entered into by the parties hereto. CITY OF JEFFERSON LOCAL I.A.A.F. 671 L uise Gard Mayor n Pfeneng President Lonnie Brandt, Vice President ATTEST: Brenda Cirtin, City Clerk Mark Bruns, Secretary