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HomeMy Public PortalAbout001-1991 - ORDINANCE RATIFYING THE PROFESSIONAL NEGOTIATION AGRORDINANCE NO. 1-1991 AN ORDINANCE RATIFYING THE PROFESSIONAL NEGOTIATION AGREEMENT BETWEEN THE RICHMOND PROFESSIONAL FIREFIGHTERS INC., LOCAL 1408 AND THE CITY OF RICHMOND; PROVIDING FOR LONGEVITY PAY FOR THE FIREFIGHTERS; AND AMENDING AMENDED ORDINANCE NO. 37-1990 TO SET SALARIES FOR CERTAIN APPOINTED OFFICERS AND EMPLOYEES WHEREAS, the Board of Public Works and Safety through its negotiating team has negotiated with the representatives of the Richmond Professional Firefighters, Inc., Local 1408 of the International Association of Firefighters, AFL-CIO representing members of the Richmond Fire Department and Professional Firefighters Union of Indiana and in said negotiations have agreed to enter into a Professional Negotiation Agreement; and WHEREAS, Indiana Code I.C. 36-8-3-3 authorizes the Common Council of the City of Richmond, Indiana to ratify such an agreement, and WHEREAS, the Board of Public Works and Safety and the Richmond Professional Firefighters Union have set their hands and seals the 27th day of December, 1990, to the Professional Negotiation Agreement; and WHEREAS, such Professional Negotiation Agreement has been approved by Mayor Frank H. Waltermann; and WHEREAS, the Common Council of the City of Richmond, Indiana desires to ratify such Professional Negotiation Agreement and to incorporate such Professional Negotiation Agreement into this ordinance; and WHEREAS, Ordinance No. 37-1990 which set salaries for 1991 for certain appointed officers and employees of the City of Richmond needs to be amended to reflect salaries agreed to in such Professional Negotiation Agreement; and WHEREAS, the Board of Public Works and Safety has negotiated with representatives of the Richmond Professional Firefighters, Inc., Local 1408 of the International Association of Firefighters, AFL-CIO representing certain members of the Richmond Fire Department and Professional Firefighters Union of Indiana and in said negotiations have agreed in the Professional Negotiation Agreement Article 31 to pay salaries and longevity pay to the members of the Richmond Fire Department; and WHEREAS, effective January 1, 1991, Ordinance No. 70-1989 shall be rescinded, NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Richmond, Indiana that: SECTION I. The Professional Negotiation Agreement previously entered into by the Union, and the City on the 27th day of December, 1990, is hereby adopted by reference, ratified and incorporated into this ordinance. SECTION It. That Ordinance No. 37-1990 be amended to show that for the fiscal year beginning January 1, 1991, and ending December 31, 1991, the following appointed officers and employees of the City of Richmond, Indiana shall receive the following salaries for the positions: Ordinance No. 1-1991 Page 2 Wages for the year 1991 shall be paid by the City to the members of Local 1408 as follows: Annualized rates of pay from January 1, 1991 through December 31, 1991 Probationary Firefighter $21,133. Firefighter II $22,730. (2 4) Firefighter 1 $23,030. (24) Driver/Operator (Engineer) $23,980. (24) Lieutenant $24,930. (1) Mechanic $24,980. (2) Fire Prevention Specialists $24,930. SECTION Ill. Effective the 1st day of January, 1991, any member of the fire department on active duty shall receive in addition to such member's base pay, longevity pay, which shall be determined on the basis of the length of active service in the fire department, which said longevity pay shall be as follows, to wit: 1. Any member of the Fire Department who shall have had not less than three years and not more than six years of active service in such member's department shall receive the sum of $900.00 per year in addition to such member's base pay; the annual payment shall commence upon the date upon which any such member shall have completed three years of active service with such member's department; 2. Any member of the Fire Department who shall have had not less than six years and not more than eight years of active service in such member's department shall receive the sum of $1,000.00 per year in addition to such member's base pay; the annual payment shall commence upon the date upon which any such member shall have completed six years of active service with such member's department; 3. Any member of the Fire Department who shall have had not less than eight years and not more than ten years of active service in such member's department shall receive the sum of $1,100.00 per year in addition to such member's base pay; the annual payment shall commence upon the date upon which any such member shall have completed eight years of active service with such member's department; 4. Any member of the Fire Department who shall have had not less than ten years and not more than twelve years of active service in such member's department shall receive the sum of $1,200.00 per year in addition to such member's base pay; the annual payment shall commence upon the date upon which any such member shall have completed ten years of active service with such member's department; 5. Any member of the Fire Department who shall have had not less than twelve years and not more than fourteen years of active service in such member's department shall receive the sum of $1,300.00 per year in addition to such member's base pay; the annual payment shall commence upon the date upon which any such member shall have completed twelve years of active service with such member's department; 6. Any member of the Fire Department who shall have had not less than fourteen years and not more than sixteen years of active service in such member's department shall receive the sum of $1,400.00 per year in addition to such member's base pay; the annual payment shall commence upon the date upon which any such member shall have completed fourteen years of active service with such member's department; Ordinance No. 1-1991 Page 3 7. Any member of the Fire Department who shall have had not less than sixteen years and not more than eighteen years of active service in such member's department shall receive the sum of $1,500.00 per year in addition to such member's base pay; the annual payment shall commence upon the date upon which any such member shall have completed sixteen years of active service with such member's department; B. Any member of the Fire Department who shall have had not less than eighteen years and not more than twenty years of active service in such member's department shall receive the sum of $1,600.00 per year in addition to such member's base pay; the annual payment shall commence upon the date upon which any such member shall have completed eighteen years of active service with such member's department; 9. Any member of the Fire Department who shall have had not less than twenty or more years of active service in such member's department shall receive the sum of $1,700.00 per year in addition to such member's base pay; the annual payment shall commence upon the date upon which any such member shall have completed twenty years of active service with such member's department; SECTION IV. It is intended that the eligibility for longevity pay and the amount of longevity that is to be paid to each member of the Fire Department shall be determined as upon that date upon which such member shall have completed three years of active service with such member's department, and upon that same calendar date in each ensuing year thereafter. SECTION V. It is further intended that any member of the Fire Department who has not accumulated three years of active service shall not be eligible for longevity pay. PASSED AND ADOPTED by the Common Council of the City of Richmond, Indiana, this -7�day of , 1991. y �,( (/ )%'d4�n -' President of Common Council ATTEST: City°Clerk PRESENTED by me to the Mayor of the City of Richmond, Indiana ,this day of 1991. Cit Clerk APPROVED by me, Frank H. Waltermann, Mayor of the City of Richmond, Indiana, this 9 y of 1991. Xj Frank H. Waltermann, Mayor ATTEST: sd&q — rr�a City clerk PROFESSIONAL NEGOTIATION AGREEMENT THIS AGREEMENT, executed in duplicate the day and year hereinafter written in and between the City of Richmond, Wayne County, Indiana, hereinafter referred to as "City", and the Richmond Professional Firefighters, Inc., Local 1408 of the International Association of Firefighters AFL-CIO, and Professional Firefighters Union of Indiana, hereinafter referred to as the "Union", WHEREAS, the members of the Fire Department of the City of Richmond, Indiana, are engaged in providing an essential public service to the community which affects the health, safety, comfort, and general well-being of the citizens of said City; and, WHEREAS, a majority of the members of said Fire Department belong to, and actively support the said Union and its policy; and, WHEREAS, the City desires to set forth in writing its administrative policy in dealing with said Union, NOW THEREFORE, the parties hereto expressly agree to be bound to the terms of this agreement in consideration of the premises and mutual covenants herein set forth, and in further consideration of the high and proper purposes, aims and intentions of the parties hereto, and in order to achieve such purposes, the parties agree as follows, to -wit: ARTICLE 1 THE UNION AND Cla RELATIONSHIP The Union and the City agree to cooperate fully for harmonious relations, good working conditions, fair and impartial discipline and efficient fire -fighting service for the citizens of the City of Richmond, Indiana. ARTICLE 2 UNION RECOGNITION The City hereby recognizes that the Union represents a majority of the firefighters of the City. The City, therefore, recognizes the Union as the sole and exclusive bargaining agent for all members of the Fire Department (as defined in Article 3 hereof) of the City in all matters pertaining to rate of pay, wages, hours of employment and other conditions of employment of said employees, and further agrees to bargain with no other such agent for said employees during the life of this agreement. ARTICLE 3 DEFINITIONS The term Employee, Employees, Firefighter(s), or member of the Fire Department wherever used in this agreement shall apply to all personnel in the Fire Department, but shall exclude the following who shall not be covered by this agreement. (a) The Fire Chief (b) The Assistant Fire Chief (c) The Battalion Chiefs (d) The Chief of Fire Prevention (e) Training Officer As used in this Agreement, the term "Fire Chief" shall mean the Chief of the Fire Department or, in his absence, his authorized representative by established chain of command. As used in this Agreement, the term "Supervisor" shall mean a Lieutenant, Engineer/Driver-Operator or Fire Fighter I (five or more years of service) having a State Masters Certification in Tactics, Inspections and Investigation, or any Lieutenant "Grandfathered" to that current rank. As used in this Agreement, the term "Certified Fire Fighter" is a Fire Fighter who has been certified to drive and operate specific apparatus based on Richmond Fire Department's Certifiation, approved as General Order No. 4-1990, which is based on NFPA 1002, ARTICLE 4 II R1. II I : • The Union recognizes the statutory procedures outlining the authority of the various Departments, officials, and employees of the City as well as the specific rights of the Fire Chief and the Board of Public Works and Safety to hire, discipline, transfer, promote, demote, suspend and discharge, as well as to direct the working force of the Richmond Fire Department, subject to the procedures as hereinafter set forth concerning the grievance procedure and seniority. ARTICLE 5 ul •►Ct. . ' All Employees who are covered by this agreement, shall be members of the Union, and pay Union dues, as a condition of employment, for the duration of this Agreement, or, in the alternative, shall pay a service charge to the Union in an amount equal to Union dues. All new firefighters, after expiration of their probationary period, who are hired on or after the date of the execution of the Agreement shall be required, as a condition of their employment, to either become members of the Union, or, in the alternative, pay a service charge to the Union in an amount equal to Union dues. ARTICLE 6 PAYROLL DEDUCTIONS The City will honor individual authorizations to deduct dues or service charges in an amount as established by the membership of the Union, voluntarily executed by the Employee, provided the same conforms to applicable law and provided further that such authorization may be revoked by the Employee upon written notice to the City and the Union of the Employee's desire to do so. The Union shall maintain a file of such authorizations and shall provide copies of the same to the City upon request. ARTICLE 7 DISCRIMINATION The City agrees not to discriminate against any Firefighter for his activity in behalf, or membership in, the Union. The City and the Union agree that there shall be no discrimination against any Firefighter because of race, creed, religion, national origin, sex, or age. ARTICLE 8 Firefighters on duty shall be permitted to attend meetings between the Board of Public Works and Safety and such Firefighters, and to attend as necessary or permitted by the grievance procedure, any meetings which are part of the grievance procedure. Firefighters on duty who are certified to the Chief by the Union President as being members of the Union negotiating team shall be permitted to attend scheduled meetings with representatives of the City. Firefighters serving on any board or committee of the Union certified to the Chief by the Union President, shall while on duty be permitted to attend meetings of such boards or committees as have been reasonably scheduled and advance notification given to the Chief. Provided however, said Firefighters shall remain in service while attending any such called meetings. ARTICLE 9 UNION BUSINESS -TIME OFF A maximum of three (3) Firefighters shall be afforded time off with pay to attend the State convention of the Union; and a maximum of two (2) Firefighters shall be afforded time off with pay to attend the National (or International) convention of the Union, said Firefighters having been certified to the Fire Chief by the Union President at least seven (7) days in advance of such conventions. Such time off with pay shall be limited to the Firefighters' normal duty days which occur during the regularly scheduled sessions of said conventions, and shall not include travel days. The Union shall submit to the Chief a written report and provide hand-outs issued at such conventions for the City's copying purposes, of information learned or discussed which is of a general informative nature beneficial to the City, for any such convention for which time off with pay has been granted. ARTICLE 10 WMAYLIMISIAN �1 The grievance procedure for Firefighters shall consist of three (3) steps outlined in the following procedure. Each step and each time limit is mandatory and non-waivable by any party. First, all grievances must be filed within ten (10) days of the event or occurrence forming the basis for the grievance, and shall be settled within five (5) days by direct meeting and contact between the employee and Local Steward, if requested by said employee, and the employee's Lieutenant, and if the Lieutenant so desires, the Battalion Chief for the particular employee. Secondly, if the grievance is not satisfactorily settled by completion of the first step outlined above, then the complaint of the employee shall be presented to the Fire Chief in written form within five (5) days after the initial meeting between the employee and parties as provided in step one. The Fire Chief shall thereupon arrange a meeting with the aggrieved employee, Union Grievance Committee, witnesses, and or any representative, said employee may select to help present his case, which said meeting shall not be later than five (5) days after the Fire Chief has received the grievance. Answers to any grievance by the Chief shall be made in writing to the Local within seven (7) days after said meeting. Third, and finally, if a satisfactory settlement is not reached through completion of step two above described, then the said grievance shall be forwarded to the Board of Public Works and Safety of the said City in written form, and within fourteen (14) days after receiving said grievance, the Board of Public Works and Safety shall hold a final meeting between the said Board, the aggrieved employee, and the Union Grievance Committee, witnesses, and/or any representative, said employee may select to help present his case. The Board shall make final answer within twenty-one (21) days after said final meeting. This does not preclude the aggrieved employee's right to initiate civil action. ARTICLE 11 WORK WEEK Each member of the Fire Department shall be regularly assigned to an average fifty-six (56) hour work week. Engine companies, to remain in service, will have a Lieutenant/Supervisor, Engineer (Driver/Operator) or Certified Firefighter and Firefighter present. Aerial will be assigned three personnel, being Lieutenant/Supervisor, an Engineer (Driver/Operator ) or Certified Firefighter and Firefighter, but can stay in service with Lieutenant/Supervisor and Engineer (Driver/Operator) or Certified Firefighter. Rescue will be assigned two personnel being a Lieutenant/Supervisor and Engineer (Driver/Operator) or Certified Firefighter. The Richmond Fire Department shall consist of three (3) platoons, and the City hereby agrees not to increase or decrease the number of platoons during the duration of the contract. The full force of the Fire Fighters Bargaining Unit shall consist of 75 members covered by this Agreement. When vacancies occur the Chief of the Fire Department shall proceed immediately to fill the vacancies pursuant to a Resolution of the Board of Public Works and Safety dated July 11, 1985 allowing vacancies be filled within forty-five (45) days after the official open date of the vacancy. ARTICLE 12 PAID HOLIDAYS All Firefighters shall receive one (1) day's pay in addition to his regular pay, for each such listed holiday. One day's pay shall be equivalent to 11260th of said member's regular annual base pay. For the duration of this agreement, the legal holidays for which one day's additional pay shall be paid are: Christmas, Labor Day, Easter, Memorial Day, July 4th, Thanksgiving, New Year's Day, Veteran's Day, Good Friday, Dr. Martin Luther King's Birthday, and President's Day. Also, each Firefighter shall be granted one (1) duty day off per year, with pay, in observance of his birthday. This duty day off must be chosen at the time of the drawing of vacations. Firefighters will not be granted this time off while three (3) men are off on vacation, unless approved by the Fire Chief. ARTICLE 13 EXCHANGE -OF WORK TIME Firefighters" working out of rank will be allowed to trade within equivalent certification or the same ranks as the City has previously assigned them, unless otherwise proven not qualified to be assigned to that rank. Exchange of time shall be subject to the approval of the company officer and final approval by the Battalion Chief, with approvals and denials to be in writing and no limitation placed on the number of exchanges. Reference to Firefighter denotes all ranks in the Richmond Fire Department. ARTICLE 14 Firefighters of the same rank shall have the right to exchange platoons and company assignments, and upon mutual consent of both Firefighters involved, shall present such request in writing to the Fire Chief, who shall grant such request in writing within (7) days when the exchange does not interfere with the operation of the Fire Department. ARTICLE 15 PERSONAL ARTICLES The City shall repair or replace personal watches (up to a maximum value of twenty- five dollars ($25.)) and eyeglasses, hearing aids and dentures broken or lost in the line of duty, as certified by the Firefighter's Lieutenant, and/or Battalion Chief; but shall not pay for re- examination. ARTICLE 16 FIRE HOUSE MAINTENANCE No Firefighter shall be required to perform any major maintenance on any City facility, equipment or improvements, including, but not limited to painting the exterior of buildings, roofing of buildings, making structural changes, paving, or pouring of concrete. ARTICLE 17 BULLETIN BOARD SPAQE The City agrees to provide appropriate space in each fire house for the Union to hang a bulletin board for the Union notices, information, etc. ARTICLE 18 NEGOTIATIONS After an agreement has been reached between the Union and the City on matters pertaining to wages, working conditions and fringe benefits, neither party shall thereafter alter or change such agreement, including the presenting of the City's budget to the Common Council. ARTICLE 19 CALL BACWOVERTIME Any Firefighter shall be subject to being called back to perform services under emergency conditions as deemed necessary by the Fire Chief or other designated officer. Payment of overtime when earned for emergency call-back or other overtime service shall be paid as required by the Federal Fair Labor Standards Act. ARTICLE 20 CLOTHING ALLOWANCE In lieu of a cash clothing allowance, the City will provide and/or replace to members of the Fire Department uniforms, clothing and equipment necessary to perform their duties, in accordance with I.C. 36-8-4-4(a). Specifically, such uniforms and clothing shall consist of station uniforms, (shirts, pants, jackets, badges, patches, baseball cap and name bar) and protective clothing as required by OSHA (currently: helmet, turnout coat, gloves). Additionally to such items, the City will provide to members, as needed, bunker pants, bunker (night) boots, suspenders and nomex hoods. The City reserves the right to require the use by members of items so provided under specified circumstances. Additional clothing/uniform/equipment items to be provided by the City will be so provided only upon order of the Board of Public Works and Safety of the City. All items provided by the City remain the property of the City and subject to the provisions of I.C. 36-8-4-4(b). The City shall pay to each member annually the sum of $250.00 for the purpose of laundering and upkeep of such uniforms and clothing, such payment to be made by April 1, 1991, or within three (3) months of the effective date of this agreement, whichever is later. ARTICLE 21 STATION FACILITIES AND SUPPLIES The City agrees to provide facilities and a reasonable amount of equipment to enable firefighters on duty to prepare and serve meals to other firefighters on duty. The City also agrees to provide dish soap, dish towels, dish cloths, oven cleaner, wax, window cleaner, etc., to facilitate cleaning of housekeeping equipment. The Firefighters with the least seniority shall be allowed time to go directly to the nearest store to purchase needed supplies. The City agrees to provide hand soap, shower and toilet facilities at each fire station, to allow Firefighters to clean-up while on duty. The City agrees to provide a bed, mattress, and pad at each fire station for the number of firefighters on duty. The City agrees to furnish a telephone at each fire station that may be used by Firefighters while on duty for local personal calls. The City agrees to provide adequate locker space for each Firefighter at his assigned fire station. Each locker shall be equipped with a lock and the key issued to the Firefighter to whom the locker is assigned. ARTICLE 22 RULES AND REGULATIONS The Union agrees that its members shall comply with all Fire Department rules and regulations, including those relating to conduct and work performance. The City agrees that Departmental rules and regulations which affect working conditions and performance shall be subject to the grievance procedure. ARTICLE 23 All rights, privileges, and working conditions enjoyed by the Firefighters at the present time, which are not included in this agreement, shall remain in full force, unchanged and unaffected in any manner, during the term of the Agreement unless agreed upon by the City and Local 1408. Nothing in this Article shall prevent the exercise of management rights as recognized in Article 4. ARTICLE 24 SPANM CLAUSE If any provision of this Agreement, or the application of such provision, should be rendered or declared invalid by any court action or by reason of any existing or subsequently enacted legislation, the remaining parts or portion of this Agreement shall remain in full force and effect. ARTICLE 25 BINDING AGREEMENT This Agreement shall be binding upon the successors and assigns of the parties hereto. ARTICLE 26 EDUCATIQNAL INCENTIVE Each Firefighter having obtained the following education degrees or current certification shall receive additional compensation as set forth, following the termination of his probationary period: Associate Degree - $500.00; Bachelor Degree - $800.00, Masters Degree - $1,000.00; Emergency Medical Technician - $500.00. All Emergency Medical Technicians permanently assigned to Rescue shall receive an additional $500.00. This compensation shall begin with the next pay period following receipt of such degree or certification and the amount above stated shall be prorated over the balance of the year of which the degree or certification is received. The said amount shall be likewise prorated for a probationary member, starting with the pay period following the termination of his probationary period. Such degrees must be granted by an educational institution approved by one of the following regional accredited associations: 1. New England Association of Colleges and Secondary Schools. 2. Middle States Association of Colleges and Secondary Schools. Commission on Institutions of Higher Education. 3. North Central Association of Colleges and Secondary Schools, Commission on Colleges and Universities. 4. Northwest Association of Secondary and Higher Schools, Commission of Higher Schools. 5. Southern Association of Colleges and Schools. 6. Western Association of Schools and Colleges, Accrediting Commission for Senior Colleges and Universities and Accrediting Commission for Senior Colleges and Universities and Accrediting Commission for Junior Colleges. All Firefighters with five years of service or more, regardless of rank, who have successfully completed State Master Categories in Tactics, Investigation and Inspection will receive additional compensation of $150.00 for each of these Master Cetegories upon completion of all three. Additionally, the City will reimburse to a Firefighter the cost of educational courses directly related to his duties, upon the successful completion of such courses. Successful completion, in graded coursework, shall mean obtaining a grade of at least a "C" or its equivalent. Firefighters attending Fire Courses will be given time off equivalent to the personal time spent to attend such courses. ARTICLE 27 The length of each Firefighter's vacation will be subject to the approved schedule previously adopted by the Board of Public Works and Safety, and that schedule is as follows: (a) Employees with 6 months seniority 7 days One year seniority 14 days Two years seniority 14 days Three years seniority 14 days Four years seniority 15 days Five years seniority 16 days Six years seniority 17 days Seven years seniority 18 days Eight years seniority 19 days Nine years seniority 20 days Ten years seniority 21 days Eleven years seniority 22 days Twelve years seniority 23 days Thirteen years seniority 24 days Fourteen years seniority 25 days Fifteen years seniority 26 days Sixteen years seniority 27 days Seventeen years seniority 28 days Eighteen years seniority 29 days Nineteen years seniority 30 days Twenty years seniority 30 days maximum All vacations are inclusive calendar days. Fire personnel changing shifts shall re -schedule their vacation time, if necessary, to insure not more than three (3) Fire personnel are off on vacation at one time. (b) The system that determines when a Firefighter shall receive his vacation is as follows: 1. The drawing for vacations shall take place no sooner or later than the first full week in January of each year. 2. Firefighters may split their vacation. 3. Each platoon will be allowed at least three (3) Firefighters off on vacation at a time. 4. All personnel covered by this agreement shall draw within their respective platoons. 5. Vacations will be granted to the Firefighters with the greatest length of service on the Richmond Fire Department and assigned to a particular platoon. He will select his vacation first, and commencing by seniority until all vacation time is granted. Firefighters splitting vacation time will be allowed one choice the first draw, and after completion of the first draw, will be allowed to select, by seniority, their remaining vacation time. Firefighters with lay-off time shall be credited with non -active service time to be used only in the drawing of vacations. 6. Vacation time will be granted at any time between January 1, and December 31, of each year. Leaves of Absence Any leaves of absence shall be in accordance with the Personnel Policy of the City of Richmond, Indiana as adopted by the Board of Public Works and Safety with the authority being established by Indiana Code I.C. , excluding any reference to personal days. Sick Days A Sick Day Bank will be established for members of the Richmond Fire Department, to be administered by the Fire Pension Board. All policies for the establishment and control of the sick day bank will be decided upon and agreed to by the City and Local 1408 prior to 1990, Any future changes in the Sick Day Bank policy will be agreed to by the City and Local 1408. ARTICLE 28 HOSPITALIZATION INSURANCE The City agrees to pay seventy percent (70%) of the cost of a Firefighter's current hospitalization and major medical policy, including, if applicable, the premium portion that is for his spouse and dependent children. ARTICLE 29 All promotions within the Richmond Fire Department except to those ranks or job classifications specifically excluded from coverage in this Agreement, shall be made in a timely fashion on a seniority basis after adequate notice to the members. The most senior member requesting promotion and having met all required certifications for the appropriate classification as set out in General Administrative Rule 655 IAC 1-1 for the State of Indiana, shall receive the promotion on a probationary status. Certification for the rank of Lieutenant shall be established as successful completion of three State Master Categories; Tactics, Investigation and Inspection. Certification for the rank of Engineer (Driver/Operator) shall be established as successful completion of State Firefighter First Class and Richmond Fire Department's Engineer (Driver/Operator) Certification pursuant to General Order #4-1990 Fire Department (based on NFPA 1002). Certification for the rank of Fire Prevention Specialist shall be established as successful completion of Supervisory requirements as spelled out in Article 3 of this agreement. If after six (6) months from the time of promotion the member receives a satisfactory review and/or the Chief does not remove said member from classification, his status is said to be permanent. He shall then receive his statutory rights. When a member cannot successfully complete his probation, the next most senior member having met all required certifications for the appropriate classification as set out in General Administrative Rule 655 IAC 1-1 for the State of Indiana, shall be accorded the same opportunity. Upon effective date of this agreement, all members shall be grandfathered at the rank they hold and promotions from that date shall be based upon the appropriate certification. Seniority bid rights shall remain in effect until such time as all members have been given the opportunity for appropriate training. A committee shall be established consisting of representation of both the City and Local 1408 to establish training to assist members of the Richmond Fire Department to meet requirements for certification. Moving by seniority. Whenever a vacancy occurs within a member's classification in any fire house, or on any platoon, the most senior member within that classification shall be afforded the opportunity to fill said vacancy. Demotions that are requested by Firefighters, including those not otherwise covered under this Agreement, shall be deemed voluntary demotions. Voluntary demotions may be accomplished by participation in bidding on promotions to job classifications covered under this Agreement. Non -bid voluntary demotions must be requested in writing to the Fire Chief. The Chief shall then fill the position of the Firefighter requesting demotion by promotion or vacancy bid as applicable, or by appointment as consistent with this Agreement, at which time the Firefighter requesting demotion shall be returned to the rank and pay grade of Firefighter with the attendant bidding rights. Demotions that are not voluntary shall be made in accordance with state law, applicable rules and regulations of the Department, and this Agreement, and may result in a Firefighter being returned to a rank and pay grade other than Firefighter, in which case the Chief shall retain the right to assign such Firefighter temporarily or permanently to such vacancies as exist during and after the course of the vacancy bid system. Promotions shall exist for bidding purposes only when the number of vacancies in a classification exceeds the number of Firefighters holding the rank and pay grade of such classification. Reduction in grade according to I.C. 36-8-3-4(m) shall be accomplished in accordance with the provisions of this paragraph. The Fire Chief retains the right to make such temporary assignments as he deems necessary to adequately provide for the public safety. ARTICLE 30 NO STRIKE CLAUSE, LOCKOUT OR REDUCTIONS The Union agrees that it shall, at no time, instigate, or be party to, any strike, slowdown, or other methods of interference to the efficient performance of the duty of the Richmond Fire Department. The City agrees there will be no lockouts, or manpower reduction by layoffs, within the Fire Department. ARTICLE 31 WAGES Wages for the year 1991 shall be paid by the City to the members of Local 1408 as follows: Annualized rates of pay from January 1, 1991 through December 31, 1991 Probationary Firefighter $21,133. Firefighter II $22,730. (24) Firefighter 1 $23,030. (24) Driver/Operator (Engineer) $23,980 (24) Lieutenant $24,930. (1) Mechanic $24,980, (2) Fire Prevention Specialists $24,930. Longevity pay shall be paid at the same rate and according to the same schedule contained in Section III of Ordinance No. 30-1986. ARTICLE 32 EFFECTIVE DATE AND DURATION This Agreement shall be effective as of the 1st day of January, 1991 and shall remain in full force and effect until the 31st day of December, 1991. The City and Union agree to meet and bargain concerning an Agreement for 1992, beginning April 1, 1991. cl� APPROVED AND EXECUTED THIS a% DAY OF DECEMBER,1990. RICHMOND PROFESSIONAL FIREFIGHTERS, IND., LOCAL 1408 of the International Association Professional Firefighters Union of Indiana— Presidefit Recording Secretary Approved by THE CITY OF RICHMOND, INDIANA By and through its Board of Public Works and Safety ;v' * -�vzz§ Or o no je AGREEMENT THIS AGREEMENT, was made and executed this a7 U day of _.0 ez,<- , 1990, between the Board of Public Works and Safety on behalf of the City of Richmond, Indiana, hereinafter called CITY and the John Hennigar Lodge #63, Fraternal Order of Police, on behalf of those members of the Richmond Police Department hereinafter called F.O.P. BARGAINING UNIT, shall hereinafter be binding on both parties upon adoption and during the term of this AGREEMENT. The parties hereto entering into this AGREEMENT for the purpose of promoting cooperation and continuous harmonious relations between CITY and its employees, and the F.O.P. BARGAINING UNIT in consideration of the promises, obligations, and undertaking of each party as contained herein, agree as follows: ARTICLE_1, LEGAL REFERENCE Nothing in this AGREEMENT shall alter the authority of those persons mentioned in the preceding paragraph, as specified by State Statute, City Ordinance, or resolutions or in any way abridge or reduce the authority of said persons. The parties acknowledge that CITY has adopted a "Merit System" for the operations of its police department; and should the terms of this AGREEMENT conflict with any such adopted "Merit System", the provisions of such "Merit System" shall override and shall control this AGREEMENT. "MANPOWER RULE" as referred to herein shall give the Chief of Police the right to determine the feasibility of permitting the designated number of members of the F.O.P. BARGAINING UNIT off at one time, when there exists, or will exist a shortage of manpower on their assigned tour - of -duty by reason of their absence. 1 PRESENTED by me to the Mayor of the City of Richmond, Indiana ,this . ay of January 1991. APPROVED by me, Frank H. Waltermann, Mayor of the City of Richmond, Indiana, thi: day of January, 1990. Mayor ATTEST;2n-tiu i. f Cit Clerk DISPOSITION OF ORDINANCE NO. -199 / RESOLUTION NO. -199 by Common Council Drdinance No./-,?/ Resolution No. _ Elstro Lundy Brookbank Hankinson McBride Parker Morris Paust Hutton Date / L Susp, rules Ist read Title only G.lAtZ49l_+rt ----------- ------ ---- — --- --------- ------- -------------- ------ ------ Seconded Proof of Publicaton - -- Seconded - - - - - -------------- ------ ------ Move to 2nd read :&x� �Kd�txt� - - - - - _ _ ------ ---------- --------- -------- -------------- ------ - ----- Seconded Engrossment � COU.-------- ----- ---------- --------- ------- Seconded L Susp rules 3rd reed - - ----- --------- --------- ------- ------------- ------ ------ Seconded Passage c� c ------------ ------------------------ Rejection p Date Passed -_7 ` 1 / COMMITTEE ASSIGNMENTS: Committee Date Commitee Hearing Date Reassigned to Council Agenda PUBLICATION DATES: AMENDMENTS: COMMENTS: