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