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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to the members of the Richmond Fire Department; and WHEREAS, effective January 1, 1990, Ordinance No. 69-1989 shall be rescinded, NOW, THEREFORE, BE IT O tDA1NED by the Common Council of the City of Richmond, Indiana that: SECTION I. The Professional Negotiation Agreement previously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 v Seconded --- — --------- ------ ----- ------ ------ - - Proof of Publicaton y► Seconded Move to 2nd read --•-------- ------ ----- ------ -------- --------- - - - - - - -------------- Seconded Engrossment v Seconded Susp rules 3rd read -- ---- -•--- ---- - ------ -------- ---------- ------ ------------------------------- Seconded v Passage ------ ------ c, Rejection 0 - ---- - - . ...... .......... 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