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HomeMy Public PortalAbout069-1989- ORDINANCE RATIFYING THE PROFESSIONAL NEGOTIATION AGREEMENT BETWEEN THE FIREFIGHTERS LOCAL 1408 AND THE CITYORDINANCE NO. 69-1989 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 ORDINANCE NO.33- 1988 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 R'bhmond 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 12th day of October, 1989, 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. 33.1988 which set salaries for 1989 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to the members of the Richmond Fire Department; and WHEREAS, effective January t, 1989, Ordinance No. 74-1987 shall be rescinded, NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Richmond, Indiana that: SECTION 1. The Professional Negotiation Agreement previously entered into by the Union, and the City on the 12th day of October, 1989, is hereby adopted by reference, ratified and incorporated into this ordinance. SECTION II. That Ordinance Na. 33-1988 be amended to show that for the fiscal year beginning January 1, 1989, and ending December 31, 1989, the following appointed officers and employees of the City of Richmond, Indiana shall receive the following salaries for the positions: Ordinance No. 69-1989 Page 2 FIRE DEPARTMENT Annualized rates of pay from January 1, 1989 through March 24, 1989 Probationary Firefighter $17,975. (24) Firefighter (Firefighter 1) $18,475. (24) Engineer (Driver/Operator) $19,125. (20) Lieutenant (Fire Officer 1 $19,875. (6) Captain $20,175. Training Officer $21 ,025. Mechanic $21 ,025 Annualized rates of pay from March 25, 1989 through September 30, 1989 (Probationary Firefighter) $18,475. (24) Firefighter I (Firefighter) $18,975. (24) Driver/Operator (Engineer) $19,625. (20) Fire Officer I (Lieutenant) $20,375. (6) Captain Training Officer $21 ,525. Mechanic $21 ,525. Annualized rates of pay from October 1, 1989 through December 31, 1989 Probationary Firefighter $20,283. Firefighter II $20,783. (24) Firefighter 1 $21 ,083. (2 4) Driver/Operator (Engineer) $22,033. (2 6) Fire Officer I (Lieutenant). $22,983. (1) Mechanic $23,030. SECTION III. Effective the 1st day of January, 1989, any member of the fire department on active duty shall racelve 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 members 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 morQ 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; Ordinance No. 69-1989 Page 3 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 o+ 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; 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 r ceive 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; 8. 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 o 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 tha' the eligibility for longevity pay and the amount of longevity that is to be paid t') each member of the Fire Department shall be determined as upon that date upr_'n 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. a PASS AND ADOPTED by the Common Council of the City of Richmond, Indiana, this LL day of u1 1989. President of Common Council ATTEST: City dierk Ordinance No. 69-1989 Page 4 PRESENTED by me to the Mayor of the City of Richmond, Indiana ,this I7dday of 9 e 1989. APPROVED by me, Frank H. Wa!termann, Mayor of the City of Richmond, Indiana, this L day of 1989. Frank H. Wa!termann, Mayor i DISPOSITION OF ORDINANCE NO. RESOLUTION NO. -198 by Common Council ' Ordinance No. 69 Resolution No. _ Elstro Lundy Brookban Hankinson McBric a Parke Hutton Paust Morris Data O-/!,-�`) Susp. rules Ist read Title only v Seconded Proof of Publicaton ----------------- Seconded ------ ------ ----•--- -- I ---•- ----- ------ --•--- ------ ---------- Move to 2nd read -- -•--- Seconded ------ ---•--- v ---------- ------ ------ ------ Engrossment ----------------- ------ Seconded •----- -------- v --------- -•---- ------ ------ ----- ---------- Susp rules 3rd read ----•----------- Seconded ----- ---- ----- -------- --• ----- ------------------ Passage ^ / Rejection D Date Passed /D _/(,_-k 9 COMMITTEE ASSIGNMENTS: Committee Date Commitee Hearing Date Reassigned to Council Agenda PUBLICATION DATES: AMENDMENTS: COMMENTS: CITY OF RICHMOND, INDIANA MEMO DATE: October 13, 1989 TO: Members of Common Council FROM: Mary Merchanthouse, City Clerk SUBJECT: Ordinance No. 69-1989 / 1989 Fire Contract COPY TO: file In order to act on Ordinance No. 69-1989, the Council, pursuant to Section 30.07, subsection (U) of the Rules and Regulations of Council, will need to suspend the rules and allow the ordinance on the agenda on first reading. This action will take a 314 vote of the Council and must be done since the Ordinance deals with salaries for 1989 for the Fire Department and an earlier salary ordinance for the Fire Department was striken by the Council. CITY OF RICHMOND, INDIANA MEMO DATE: October 13, 1989 TO: Members of Commo i Council FROM: Mary Merchanthouse, City Clerk SUBJECT: Ordinance No. 69-1989 / 1989 Fire Contract COPY TO: file In order to act on Ordinance No. 69-1989, the Council, pursuant to Section 30.07, subsection (U) of the Rules and Regulations of Council, will need to suspend the rules and allow the ordinance on the agenda on first reading. This action will take a 3/4 vote of the Council and must be done since the Ordinance deals with salaries for 1989 for the Fire Department and an earlier salary ordinance for the Fire Department was striken by the Council. CITY OF RICHMOND, INDIANA MEMO DATE: October 13, 1989 TO: Members of Common Council FROM: Frank H. Waltermarn, Marge Sweet and Mary Merchanthouse, SUBJECT: Ordinance No. 69-1989 and Ordinance No. 70-1989 / Fire Contracts COPY TO: file The 1989 Professional Negotiation Agreements between the City and Local 1408 for 1989 and 1990 reflect several changes from the 1988 contract. Some highlights of the agreements are: Article 3: The Traini ig Officer will become an appointed position in order to insure close working relations with the administ ation of the department and that all possible certifications can be obtained. Article 11: The work week will be changed from 50.4 to 56 hours per week. Article 13: The exchange of work time will be limited to the same rank unless the city works that persons out of rank malting certain that individuals working in positions are qualified. Article 26: An additional incentive was added to encourage firefighters with EMT certification to be assigned to Rescue. Article 27: To help prevent manpower problems, personnel changing shifts will be required to re-schadule vacations to insure not more than three are off on that shift. To address a problem with no policies for sick days and leaves, language was included to address this and a sick bank will be established. Article 29: Promotions will now be based on certification to a certain rank along with utilization of the seniority bid system. Article 31: A permanent wage differential was established between the ranks for additional incentive to achieve additional certification and encourage qualified personnel to advance in rank. The contract for 1990 reflects no additional changes in the working conditions, only additional compensation in salaries. 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 Io 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 CRY„ 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 (a) 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. 1 ARTICLE 9 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 GRIEVANCE PROCEDURE 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 Safely 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 fitly -six (56) hour work week. Engine companies, to remain in service, will have a Lieutenant, Engineer (Driver/Operator) and Firefighter present. Aerial will be assigned two personnel, one being an Engineer (Driver/Operator ) and Rescue will be assigned two personnel. 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 Fite 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 forly-five (45) days after the official open date of the vacancy. 3 ARTICLE 18 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 BAMOVERTIME 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 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, and name bar) and protective clothing as required by OSHA (currently: helmet, 3/4 boots, turnout coal, 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 $150.00 for the purpose of laundering and upkeep of such uniforms and clothing, such payment to be made by April 1, 1989, or within three (3) months of the effective date of this agreement, whichever Is later. ARTICLE 21 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, over 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 Firelighter 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. 5 Additionally, the City will reimburse to a Firelighter 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. ARTICLE 27 VACATIONS 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, it 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 lime. 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 Abse,nre 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. Ali 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. 7 The Fire Chief retains the right to make such temporary assignments as he deems necessary to adequately provide for the public safety. ARTICLE 30 NOSTRIKE CLAUSE. LOCKOUTOR 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 1989 shall be paid by the City to the members of Local 1408 as follows: SALARY Annualized rates of pay from January 1, 1989 through March 24, 1989 Probationary Firefighter $17,976. (24) Firefighter (Firefighter 1) $18,475. (24) Engineer (Driver/Operator) $19,125. (20) Lieutenant (Fire Officer 1 $19,875. - (6) Captain $20,175. Training Officer $21 ,025. Mechanic $21 ,025 Annualized rates of pay from March 25, 1989 through September 30, 1989 (Probationary Firefighter) $18,475. (24) Firefighter 1 (Firefighter) $18,975. (24) Driver/Operator (Engineer) $19,625. (20) Fire Officer I (Lieutenant) $20,375. (6) Captain Training Officer $21 ,525. Mechanic $ 21 , 5 25. Annualized rates of pay from October 1, 1989 through December 31, 1989 Probationary Firefighter $20,283. Firefighter II $20,783. (24) Firefighter 1 $21,083. (24) Driver/Operator (Engineer) $22,033. (2 6) Fire Officer I (Lieutenant) $22,983. (1) Mechanic $23,030. LONGEVITY PAY Longevity pay shall be paid at the same rate and according to the same schedule contained in Section III of Ordinance No. 30.1986. 9