HomeMy Public PortalAbout070-1989- ORDINANCE RATIFYING THE PROFESSIONAL NEGOTIATION AGREEMENT BETWEEN FIREFIGHTERS LOCAL 1408 AND THE CITYORDINANCE NO. 70-1969
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. 44-
1989 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 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 Agree nent into this ordinance; and
WHEREAS, Ordinance No. 44-1989 which set salaries for 1990 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 salaris and longevity pay to the members of the Richmond Fire
Department; and
WHEREAS, effective January 1, 1990, Ordinance No. 69-1989 shall be rescinded,
NOW, THEREFORE, BE IT O tDA1NED 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 12th day of October, 1989, is hereby adopted by reference,
ratified and incorporated into this ordinance. ,
SECTION II. That Ordinance No. 44-1989 be amended to show that for the fiscal year
beginning January 1, 1990, and ending December 31, 1990, the following
appointed officers and employees of the City of Richmond, Indiana shall receive
the following sala ies for the positions:
Ordinance No. 70-1989
Page 2
FIRE DEPARTMENT
Wages for the year 199C shall be paid by the City to the members of Local 1408 as
follows:
Annualized rates of pay from January 1, 1990 through December 31, 1990
Probation, Ty Firefighter
$21 ,133.
Firefightei II
$21 ,633.
(24)
Firefighter 1
$21 ,933.
(2 4)
Driver/Operator (Engineer)
$22,883.
(2 6)
Fire Officer I (Lieutenant)
$23,833.
(1)
Mechanic
$23,880.
SECTION III. Effective the 1 st day of January, 1990, 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 , um 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 departr lent;
6. Any member of the Fire Department who shall have had not less than fourteen
years and not morn 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. 70-1989
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 pad; 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 of the Fire Department who shall have had not less than twenty
or more years of fictive 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.
PASS D AND ADOPTED by the Common Council of the City of Richmond, Indiana, this LLday
of 1989.
President of Common Council
ATTEST: ��
Cit Clerk
PRE ENTED by me to the Mayor of the City of Richmond, Indiana ,this day of
1989.
APPROVED by me, Frank H. Waltermann, Mayor of the City of Richmond, Indiana, this/% day
of 1989.
Frank H. Waltermann, Mayor
CITY OF RICHMOND, INDIANA
MEMO
DATE: October 13, 1989
TO: Members of Common Council
FROM: Frank H. Waltermann, 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 Training Officer will become an appointed position in order to insure close
working relations with the administration 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 making 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 -schedule 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.
DISPOSITION OF ORDINANCE N0. 70 -im 9;
RESOLUTION N0. -198
by Comman Council
Drdinance No. 7a
Resolution No. _
Elstro
Lundy
Brookban
Hankinson
McBricq
Parkei
Hutton
Paust
Morris
Date Z Z& -Sr9
Susp, rules Ist read
Title only
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Date Passed D io
COMMITTEE ASSIGNMENTS:
Committee Date
Commitee Hearing Date
Reassigned to Council Agenda
PUBLICATION DATES:
AMENDMENTS:
COMMENTS:
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, alms and intentions of the parties
hereto, and in order to achieve such purposes, the parties agree as follows, to-wil:
ARTICLE 1
THE UNION AND CITY 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
DEFINITION&
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
Slate 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
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-wafvable 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 shalt 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
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, Engineer
(Driver/Operator) and Firefighter present. Aerial will be assigned two personnel, one being an
Engineer (Driver/Operator ) and Rescue will be assigned Iwo 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 Flghlers 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 If. 1985 allowing
vacancies be filled within forty-five (45) days after the official open date of the vacancy.
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, and name bar) and protective
clothing as required by OSHA (currently: helmet, 3/4 boots, 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 Oily will be so
provided only upon order of the Board of Public Works and Safely of the City.
All items provided by the City remain the property of the City and subject 10 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.
1990, or within three (3) months of the effective dale 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 duly to prepare and serve meals to other firefighters on duly. 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 duly.
The City agrees to provide a bed, mattress, and pad at each fire station for the number of
firelighters on duly.
The City agrees to furnish a telephone at each fire station that may be used by
Firefighlers 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.
5
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
ooursework, 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 7days
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 reschedule their vacation lime, 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 lull week in
January of each year.
2. Firelighters 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.
G. 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. Firelighters with lay-oll lime 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 l2ays
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.
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
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 1990 shall be paid by the City to the members of Local 1408 as
follows:
SALARY
Annualized rates of pay from January 1, 1990 through December 31,
1990
Probationary Firefighter
$21,133.
Firefighter II
$21.633.
(2 4) Firefighter 1
$21 ,933.
(24) Driver/Operator (Engineer)
$22,883.
(26) Fire Officer I (Lieutenant)
$23,833.
(1) Mechanic
LONGEVITY
$23,880.
-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.
ARTICLE 32
LFFECTIVE DATE AND DURATION
This Agreement shall be effective as of the 1st day of January, 1990 and shall remain
in full force and effect until the 31st day of December, 1990.
The City and Union agree to meet and bargain concerning an Agreement for 1991,
beginning April 1, 1990.
RICHMOND PROFESSIONAL
FIREFIGHTERS, IND., LOCAL 1408
of the International Association
Professional Firefighters Union
f Indiana -----
President
Secl�lary
Approved by:
THE CITY OF RICHMOND, INDIANA
By and through its Board of
Public Works and Safety
President
( I lt'-t
c-
VIV President