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rescinded,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.
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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
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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
"