Loading...
HomeMy Public PortalAbout093-1986 - ORDINANCE RATIFYING THE PROFESSIONAL NEGOTIATION AGREEMENT BETWEEN THE RICHMOND FIREFIGHTERS INC LOCAL 1408 AND THE CITY OF RICHMONDORDINANCE 93-1986 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. 53-1986 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 13th day of November, 1986, 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. 53-1986 which set salaries for 1987 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 Addendum No. 1 to pay salaries and longevity pay to the members of the Richmond Fire Department; and WHEREAS, effective January 1, 1987, Ordinance No. 30-1986 shall be rescinded, NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Richmond, Indiana that SECTION I. The Professional Negotiation Agreement previously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 13th day of November, 1986, is hereby adopted by reference, ratified and incorporated into this ordinance. SECTION II. That Ordinance No. 53-1986 be amended to show that for the fiscal year beginning January 1, 1987, 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: FIRE DEPARTMENT Training Officer $ 20,275 Mechanic 20,275 Captains (6) 19,425 Lieutenants (20) 19,125 Engineers (27) 18,375 Firefighters (23) 17,725 SECTION III. Effective the 1st day of January, 1987, 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; 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; 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 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, Wayne County, Indiana, this�day'of_ (pl1986. P esident of Common Counci ATTEST:lj�y.L City Cl4rk PRESENTED by me to the Mayor of the City of Richmond, Indiana this day oft 1986. City C erk. APPROVED by me, Frank H. Waltermann, Mayor of the City of Richmond, Indiana this /g'd day of /�s. o�, ��lu, 1986. apor ATTEST'GliLc City RIC���A,aaa 2 INTEROFFICE MEMO CITY OF RICHMOND 50 NORTH FIFTH ST. • RICHNOND. INDIANA 47374 7/��IANP DATE. December 10, 1986 TO: Members of Common Council FROM: Sue Silberstein, President, BOW SUBJECT. 1987 CONTRACT WITH FIREFIGHTERS LOCAL 1408 COPY TO: File Attached is the 1987 contract between the City and members of Firefighters Local 1408, signed by the Local and the board of Works on November 13, 1986, as well as Ordinance No. -1986 which adopts and ratifies the contract. The compensation, in wage rates, agreed upon the the Local and the City completes the three-year process.of establishing a mutually acceptable permanent wage differential in ranks. Contractual changes were effected in the following areas: 1. Art. 3 - The new position of Chief of Fire Prevention was excluded from the bargaining unit. 2. Art. 8 - Language was clarified to allow for certain meetings while on duty. 3. Art. 9 - Paid time off for union business was changed form a set number of days per year (10), to those days necessary for attendance at either the state or national union conventions, with reports from such conventions of information of a general nature to be given to the City. 4. Art. 10 - A time limit:for final action by the Board of Works was added to the grievance procedure. 5. Art. 11A - Greater flexibility was achieved by the City in determining the number of fire companies. Total manpower to the Department, covered by the Agreement, will be allowed to drop, by attrition, from 78 to 76 when a central dispatch "911" system is implemented. Members of Common Council December 10, 1986 Page Two 6. Art. 15 - In addition to eyeglasses and dentures, the City will now repair or replace personal watches, up to $10, broken or lost in the line of duty. 7. Art. 20 -_In addition to clothing items and maintenance allowance currently furnished by the City, the City will also furnish station -dress jackets, and protective nonex hoods for use under helmets. 8. Art. 26 - Educational incentive pay was increased to $300 for Associate degree, $500 for Bachelors, and $600 for Masters; and a new category for compensation was created, at $300, for those maintaining current EMT certification. The City also agreed to bear the cost of successfully -completed directly -related educational courses. The contract is for one year beginning January 1, 1987. The City''s negotiation team consisted of Mayor Waltermann, Mary Merchanthouse, and myself. Local 1408's negotiating team was comprised of William Smith, Jim Sticco, Jerry Cotter, Jerry Purcell, and Jim Perrin. The total wage and holiday pay increases range, by rank, from 3.2% to 4.0%, totaling a 3.8% increase over total 1986 base wages. I calculate that an additional appropriation of $8,717 will need to be made to cover the additional cost of this contract over the 1987 budgeted wage amount. Also, I believe an additional $19,637 will need to be appropriated for the line item of holiday pay to cover estimated needs in this area, due to what appears to be an under -estimation in the 1987 budget figure. Therefore a total additional appropriation in the amount of $28,354 would appear necessary. Thank you. SSS/bd DISPOSITION OF ORDINANCE NO. 3 -I98 RESOLUTION NO -198 by Common Council � •� RCINANCE ND. RESCLUTICN NO. ELStRd u[LCIaeS BAGOI�q�K�NaXKIx$CM ':HIiESELLI?gAKERIHUiTON e0RRIs iak mz w CAA T E- �.7 ^/S — ��I I .t/.G6L,5rt�iJ SusP.rules 1st read I Title only :9CCnde^, ..l.. .......... i . .... . 4 ........ ;Proof of Publication , Seconded..................................i......J..... ... ... .......i ;Hove to Znd reading GSeco ro o.44d4eg.. i I .I.. ! ,Second �.u,.�[�,{......�..............1.......;...... ...�............ I`....... Engras.sment II I f Lvn&'94 .6'bGP.G[ fst cc ! .. I ..... I .. .. I .... i Seconded u a rye I ....I ...... ........I...... SusP. rules 3ra Reading: Ae-I I.v.. 'Seconded`I I I ... 'Passage ! r ........... OR. P. { ( I. P.ejection ..... DATE PASSED: "s--,? COMMITTEE ASSIGNMENTS: Committee Date Committee Hearing Date Reassigned to Council Agenda PS]BLICATION DATES: AMENDMENTS: CC,ICIfrN'TS : 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 Firefighter 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 he 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 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 III 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(a), or members of the Fire Department wherever used in this agreement shall apply to all personnel in the Fire Department of the City, but shall exclude the following who shall not be covered by this agreement. (a) The Fire Chief (b) The Assistant Chief (c) The Battalion Chiefs (d) The Chief of Fire Prevention The terms "he", "his", or "him" wherever used in this agreement shell include reference to the terms "she", "her" or "hers" as may be appropriate to the context of use. 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. ARTICLE 9 UNION BUSINESS - TIME OFF A maximum of three firefighters shell be afforded time off with pay to attead the State convention of the Union; and a maximum of two firefighters shell be afforded time off with pay to attend the Notionel (or International) convection 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 seasioas of said conventions, and shall not include travel days. The Union shall submit to the Chief a written report and provide head-omts Issued at such conventions for the City'a 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-wairable by any party. First, all grievances most 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 shell 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 @hell hold a final meeting between the said Board, the aggrieved employee, and the Union Grievance Committee, witness.., end/or any representative, said employee may select to help present his case. The Board shall make final answer to the Local concerning a grievance 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 and four tenths (50.4) hour work week which includes one (1) day off without reduction in pay for every nine (9) duty days to be known as a scheduled personal day. Such personal days may be taken only if the number of on-line employees available for duty at any given time equal or exceed the minimum manpower level herein defined to be seventeen (17). The minimum manpower level may be maintained through the payment of overtime. -3- 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 watchea (up to a maximum value of tan dollars) and eyeglasses 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 SPACE 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 condition■ 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 BACK/OVERTIME Any Firefighter shall be subject to being called back to perform services under emergency conditions an 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 item@, 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(h). -5- ARTICLE 26 EDUCATIONAL 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 - $300.001 Bachelor Degree - $500.00; Masters Degree - $600.00t Emergency Medical Technician - $300.00. 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 aunt 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 Educations. 3. North Central Association of Colleges and Secondary Schools, Commission on Colleges and Universities. 4. Northwest Association of Secondary and Higher Schools, Commission of Nigher 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. 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. 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 yearn 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 -7- ADDENDUM NO. 3 Demotions that are requested by firefighters, including those not otherwise covered under this agreement, shall he deemed voluntary demotions. Voluntary demotions may be accomplished by parti.cipation 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, inwhich 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 gradeor such classification. Reduction in grade according to T.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. ADDENDUM NO. 4 Any fi.rerighter who agrees to work extra duty, not regularly ass:i-gnod, in order 1..0 ma.i.utai.n the minimum manpower Level delined in this Agreement, shall, rece-i.ve extra duty pay in the amount of $40.00 for each period of up to 12 hours; or.$80.00 for each period of between 12 and 24hours' extra duty. Provided that, to the extent that such extra duty results in total hours worked in excess of216 in the relevant 28-day Tour of. Duty, such extra duly pay shall be considered to he overtime pay to reduce liability for such hours, which shall be paid at an overtime rate of 1 1/2 times the hourly rate for that Tour of Duty. RICHMOND PROFESSIONAL FIRE FIGHTERS, INC., LOCAL 1408 of the fnternational Association of FireFighters AFL-CTO and Professional Firefighters Union of Indiana THE. CITY OF R101MOND, INDLANA fly and through its Board of Public Works and Safety Gerald L. Rigsby, President Susan S. Silberstein, President: James E. Walters, Sec/Treasurer December —, 1986 APPROVED BY: -10- Joh Vice -President Ra ph Wil. s, Member i Frank II. a1 eraliit May a "