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1999 Collective Labor Agreement with Local #2311 International Association of Fire Fighters for Meridian Fire (C~~)f O,',Y',",' 'R",'~, " C"',i,,',",,"O,',,r,,",',' ¡ " ' i , j ',,' ! ".," "'" ~ "",'.~. COLLECTIVE LABOR AGREEMENT AGREEMENT The City of Meridian hereinafter referred to as the DEPARTMENT, and Local #2311 International Association of Fire Fighters, hereinafter referred to as UNION, in order to increase general efficiency in the Fire Department, to maintain existing harmonious relationship between the Fire Department and its employees, and to promote the morale, rights and well-being ofthe members of the Fire Department, hereby agree as follows: ARTICLE 1 - RECOGNITION Pursuant to Title 44, Chapter 18, Idaho Code, the DEPARTMENT recognizes the UNION as the exclusive bargaining agent for all full time paid employees ofthe Fire Department except management personnel and volunteers. ARTICLE 2 - DISCRIMINATION There shall be no discrimination against, intimidation or harassment of any employee by either the DEPARTMENT, EMPLOYEE, the UNION or any member acting on behalf of the UNION, because of the employee's membership or non- membership in the UNION or by virtue of his /her holding office or not holding office in the UNION. The DEPARTMENT and the UNION agree that neither shall discriminate against any employee or prospective employee with respect to his/her compensation, terms, conditions, or privileges of employment because of such employee's race, color, religion, sex, national origin or other factors which do not constitute bona fide occupational requirements. It shall be the exclusive responsibility of the DEPARTMENT to determine bona fide occupational requirements within the meaning of this Article. ARTICLE 3 - PREVAILING RIGHTS All rights, privileges, and benefits held by the firefighters at the present time which are not included in this contract shall remain in force unless change is agreed to by both parties. The Fire Chief may change or cancel any such right, privilege or benefit when he/she deems it in the best interest of the Fire Department. Any change or cancellation of any right, privilege or benefit that is done for harassment, retaliation, without just cause or applied unfairly shall be subject to the grievance procedure. ARTICLE 4 - UNION DUES, FEES and ASSESSMENT CHECK OFF The EMPLOYER agrees to deduct authorized union dues, fees and assessments in amounts specified by the authorized officer of the UNION, from the pay ofthe bargaining unit employees upon written authorization. The EMPLOYER further agrees to transmit those amounts monthly to the UNION. The UNION agrees to certify to the EMPLOYER the amount of authorized dues, fees and assessments. ARTICLE 5 - UNION BUSINESS Firefighters elected to Union office shall be granted time off to attend functions, conventions and seminars within the State ofIdaho, provided that the Fire Chief is given seventy-two (72) hours notice and approves such leave. Up to three (3) members of the Union's Contract Negotiation Committee shall be allowed time off either with leave Agreement- 1 COLLECTIVE LABOR AGREEMENT without payor vacation time at the employee's discretion, for all meetings with the DEPARTMENT for contract negotiations, for union conventions and for union seminars mutually set by the DEPARTMENT and the UNION. ARTICLE 6 - PERSONNEL REDUCTION OR RESTRUCTURING In case of personnel reduction, the member with the least seniority shall be released first. No new employees will be hired until the furloughed members have been given the opportunity to return to work. If at any point a restructuring causes a decrease in an employee's rank as justified due to Fire Department adjustments, that person will assume the next available opening in that rank. Seniority being considered: skills, qualifications and abilities are the determining factors. The DEPARTMENT shall be the sole judge of skills, qualifications and ability. ARTICLE 7 - RULES and REGULATIONS The rules and regulations and policies of the DEPARTMENT as provided in Idaho Code relating in any way to wages, hours and/or other terms and conditions of employment shall be made a part of this agreement. The rules and regulations of the DEPARTMENT as provided in Idaho Code shall be subject to change by mutual consent. ARTICLE 8 - INSURANCE During the term of this Agreement, the DEPARTMENT shall pay 100% of the employee premiums for policies of health and accident, workman's compensation, dental, life, and long term disability insurance. The DEPARTMENT shall provide coverage to firefighters that is equal to or greater than that coverage in policies in existence as of the effective date of this Agreement. The Firefighter will pay the dependent premium for the family medical and dental plan that is in existence at the time of the signing ofthis contract throughout the term of this contract. The City reserves the right to make changes in carriers, premiums and prClvisions of these programs when deemed necessary or advisable. ARTICLE 9 - SICK LEAVE Any employee incurring a non-duty sickness or disability which renders him/her unable to perform hislher duties shall receive sick leave with full pay within hislher accumulated sick leave time. Suppression employees shall accrue ten (10) hours per month beginning October 1, 1999. The maximum time accumulated shall be 2920 hours. Any employee whose employment with the DEPARTMENT is discontinued shall be paid at his/her regular wage rate for 15% ofhislher accrued sick leave. Any employee unable to perform his/her duties for more than three (3) consecutive shifts due to non-duty sickness or disability shall be required to provide medical documentation from hislher attending physician. Forty (40) hour employees shall accrue six (6) hours per month. The maximum time accumulated shall be 1040 hours. Agreement- 2 COLLECTIVE LABOR AGREEMENT ARTICLE 10 - INJURY LEAVE Whenever an employee is incapacitated on the job, he/she shall be entitled to injury leave with full pay which includes the wage scale in APPENDIX A, during the period in which he/she is unable to perform his/her duties or until such time as he/she has been accepted for retirement by the current retirement system. The period of injury leave is limited to a maximum of twelve (12) months and any Worker's Compensation benefits received by the member for total or partial temporary disability during the employee's injury leave with full pay shall be tumed over to the DEPARTMENT. All employees on injury leave shall be subject to an examination by a Doctor acceptable to the DEPARTMENT. Whenever a full-time employee is unable to perform hislher FULL DUTIES as a result of a "LINE OF DUTY" injury or illness, he/she may be required to report to work in a LIGHT DUTY status if management determines that light duty work exists or is available at that time. Management has the right to determine if light duty work exists. Assigned LIGHT DUTY shall be strictly limited to instructions provided by the sick/injured employee's medical doctor regarding hislher physical and/or mental status. He/she must provide a doctor's release to the Chief or hislher designee stating what functions he/she is able to perform, and for how long (hours per day or per shift, days or shifts per month, etc.). Assigned LIGHT DUTY shall in no way endanger, aggravate or prolong the full physical and/or mental recovery of the sick/injured employee. LIGHT DUTY shall in no way affect the existing vacation, holiday, sick leave or other benefit accrual as previously agreed to or provided for by this agreement or by past practice of the management. ARTICLE 11 - VACATION 1. All twenty four (24) hour shift employees covered by the terms ofthis Agreement shall accrue paid vacation leave on a monthly basis according to the following schedule: 10/1/1999 a. Zero to two (0-2) years of service b. Three to nine (3-9) years of service c. Ten to fourteen (10-14) years of service d. Fifteen (15) and up years of service 6 hours/month 10 hours/month 14 hours/month 18 hours/month 10/1/2000 a. Zero to two (0-2) years of service b. Three to nine (3-9) years of service c. Ten to fourteen (10-14) years of service d. Fifteen (15) and up years of service 8 hours/month 12 hours/month 16 hours/month 20 hours/month Maximum hours accrued shall be 432. Any amount over the maximum will be lost. Agreement- 3 COLLECTIVE LABOR AGREEMENT 2. All eight (8) hour per day/forty (40) hour week employees covered by the terms ofthis Agreement shall accrue paid vacation leave on a monthly basis according to the following schedule: 10/1/1999 a. Zero to two (0-2) years of service b. Three to nine (3-9) years of service c. Ten to fourteen (10-14) years of service d. Fifteen (15) and up years of service 3.33 hours/month 6.66 hours/month 10 hours/month 14 hours/month 10/1/2000 a. Zero to two (0-2) years of service b. Three to nine (3-9) years of service c. Ten to fourteen (10-14) years of service d. Fifteen (15) and up years of service 6 hours/month 8 hours/month 10 hours/month 14 hours/month Maximum hours accrued shall be 250. Any amount over the maximum will be lost. Vacation will accrue, but may not be taken during an employee's first year of employment. Any employee whose employment with the DEPARTMENT is discontinued for any reason shall be paid at his/her regular wage rate for all accrued and accumulated vacation. Employees shall be entitled to bid for vacation leave according to seniority. The DEPARTMENT shall determine the vacation schedule, taking into consideration seniority and the desires of employees. The vacation list will be circulated beginning September I, and seniority considerations shall prevail until December 3151 of each year. INCIDENTAL LEAVE Incidental leave is defined as vacation leave not previously scheduled during yearly vacation scheduling planning. Incidental leave may be granted at the sole discretion of the management of the DEPARTMENT and must be taken in not less than four (4) hour increments. HOLIDAYS All employees shall accrue and receive eight (8) hours paid leave for each of the holidays listed below. All holiday time shall be in addition to the employee's vacation leave, and shall accrue as each holiday occurs. All 24 hour shift employees shall have the holiday leave added to their vacation leave. All employees shall be entitled to ten (10) holidays per year as listed below: NEW YEAR'S DAY PRESIDENT'S DAY VETERAN'S DAY INDEPENDENCE DAY MEMORIAL DAY LABOR DAY COLUMBUS DAY THANKSGIVING DAY CHRISTMAS DAY CIVIL RIGHTS DAY Agreement- 4 COLLECTIVE LABOR AGREEMENT ARTICLE 12 - RELIEF PERSONNEL The DEPARTMENT will provide qualified relief personnel with full-time employees Monday through Friday, if possible. On call personnel will be used first choice on weekends, if possible. Sufficient relief personnel shall be used to maintain normal coverage of each shift period of vacation, holidays, sick leave and fire related education. ARTICLE 13 - VACANCIES Any unfilled position cause by termination, retirement, promotion or otherwise, except for personnel reduction as provided elsewhere in this Agreement, shall be filled from a hiring list of eligible applicants on file for that position. Promotions and vacancies for the position of Driver, Captain and any other positions added to the ranks of the DEPARTMENT which pertain to shift personnel shall be filled from the current ranks of the full-time personnel of the Meridian Fire Department. All promotional examinations shall be given and vacancies filled within 60 days. Vacancies for the position of entry level firefighter shall be filled from the hiring list. It shall be the exclusive responsibility of the DEPARTMENT to determine bona fide occupational requirements within the meaning of this Article and maintain a hiring list to be renewed every two (2) years. ARTICLE 14 - PROMOTIONS Eligibility tests for promotion and newly created positions shall be based on examinations given. To be considered for promotion the employee must have served one continuous year in the previous position. Examinations will be given once a year for all positions up to and including Driver; and will be given in the month of April each year. For the positions of Officers, the examination will be given every two (2) years during the month of April. In the event of an opening/vacancy for a position in which there are no qualified candidates on the current promotion/eligibility list of that position, a special test may be given, by mutual consent of both parties to fill the vacancy/opening. All examinations shall be impartial and shall relate to those matters which will test fairly the candidate's ability to discharge the duties ofthe position to be filled. It shall be the exclusive responsibility of the DEPARTMENT to determine bona fide occupational requirements within the meaning of this Article. The DEPARTMENT shall be the sole judge of skills, qualifications and ability. Seniority for promotions will be one-half (1/2) point per year of service up to a maximum often (10) points. Promotional examinations shall consist of a written test and assessment center. A minimum of70% will be required to pass each portion of the promotional examination. Seniority points will be added after successfully passing the examination. The following formula will be used to determine the candidate's final score on promotional examinations. Agreement- 5 COLLECTIVE LABOR AGREEMENT Example: + /2= + 81.0% Written Examination 75.0% Assessment Center 78.0% 4.0 Seniority Points (8 years service) 82.0 Final Score ARTICLE 15 - GRIEVANCE PROCEDURE Disputes or differences arising between the DEPARTMENT and the UNION and/or individual members of the Fire Department as to the meaning or application of any provision ofthis Agreement or of the Rules and Regulations of the Fire Department (as provided in article 7), relating in any way to employees' wages, hours and/or other terms and conditions of employment, shall be settled in the manner provided herein. For the purpose of this provision, such a dispute or difference shall be referred to as a "Grievance." Step One: Any employee who has a grievance shall notify the Union Grievance Committee in writing within ten (10) business days from the date of the grievance, or ten (10) business days from the time the employee, through reasonable diligence, should have been aware of it. The Union Grievance Committee, hereinafter referred to as UNION, shall within the next ten (10) business days determine if the grievance has merit. If in its opinion, the grievance does not have merit, no further action shall be necessary. Step Two: If it is the opinion ofthe UNION that a valid grievance exists, the UNION shall present the grievance in writing to the Fire Chief within ten (10) business days after their decision. All parties to such discussion will make a good faith effort to resolve the grievance. The Fire Chief thereafter shall give his/her reply in writing within ten (10) business days. Step Three: If the grievance has not been resolved in Step Two, the UNION shall present the grievance in writing to the DEPARTMENT within ten (10) business days from the receipt of the Fire Chief's written reply. All parties to such discussion will make a good faith effort to resolve the grievance. The DEPARTMENT thereafter shall give its reply in writing within ten (10) business days. Step Four: If the grievance has not been resolved at the appropriate lower Step(s), either the UNION or DEPARTMENT may within ten (10) business days refer the grievance to an Arbitrator by serving written notice upon the other. The UNION and the DEPARTMENT shall request the Federal Mediation and Conciliation Service to supply a list of seven (7) proposed arbitrators. Within five (5) business days after receipt of this list the UNION and the DEPARTMENT shall select an Arbitrator by alternately striking one (1) name at a time from the list until only one (1) name remains. The party striking the first name shall be determined by a coin toss. The name remaining on the list shall be accepted by both parties as the Arbitrator. The Arbitrator shall conduct a hearing and shall render a decision in writing, which shall be final and binding on both parties, subject only to the parties' right to seek vacation or modification to the Arbitrator's award pursuant to the provisions of Chapter 9, Title 7 Idaho Code. The Arbitrator shall have only such jurisdiction and authority to interpret and apply the provisions of this Agreement as shall be necessary to the determination of the arbitration issue. The Arbitrator shall not have any power to add or subtract from, Agreement- 6 COLLECTIVE LABOR AGREEMENT modify or alter in any way, the provisions of this Agreement. The cost of arbitration shall be borne equally by the DEPARTMENT and UNION. ARTICLE 16 -NO STRIKES - NO LOCKOUT . Upon the consummation and during the term of this Agreement, no member of the Fire Department covered by this agreement shall strike or recognize a picket line of any labor organization while in the performance of his /her official duties, in accordance with Idaho Code Section 44-1811. It is mutually agreed that there shall be no strike authorized by the UNION and no lockout authorized by the EMPLOYER, except for the refusal of either party to submit to or abide by the grievance procedure set forth herein. No picket line, at or around the City's property, established by any other person or organization shall be sanctioned or honored during the term of this Agreement. The UNION agrees that as part of the consideration for this Agreement, it will, within twenty-four (24) hours take steps to end any unauthorized work stoppages, strikes, slow-downs or suspensions of work, instructing their members to work immediately. The UNION agrees that it will not assist employees participating in unauthorized work stoppages, strikes, slow-downs or suspensions of work. For purposes of this section, the term "strike" shall include a cessation or stoppage of work, slow-down, sit-in and picketing of the City's premises. ARTICLE 17 - UNIFORM ALLOWANCE All suppression employees uniforms shall meet National Fire Protection Association (N.F.P.A.) 1975 minimum requirements for station uniform wear. The brand, style, materials and color of uniforms shall be designated by the Fire Chief. Under this article the DEPARTMENT shall provide each suppression employee $600.00 credit per fiscal year for the purchase of station uniform wear. For a introductory firefighter, the DEPARTMENT shall provide the proper station uniform, meeting the N.F.P.A. 1975 standards, for the first year of service, or $800.00 credit. On the firefighter's anniversary date, ofthe first year of service, the firefighter shall receive $50.00 credit for each month between the anniversary date and the DEPARTMENT'S fiscal year end. Non suppression employees shall receive $600.00 credit for their clothing allotment per fiscal year. ARTICLE 18 - HOURS OF WORK AND DESIGNATED WORK PERIODS The designated work period for all Fire Department personnel covered under this Agreement shall be on a twenty-seven (27) day cycle with coverage at 216 hours. Under the Fair Labor Standards Act (FLSA) 204 actual hours worked will be paid at the regular hourly rate and 12 hours paid at the overtime rate if no excluded hours under the act has been taken. The regular work schedule for suppression personnel shall be three (3) shifts on duty every other day and then four (4) days off. A shift shall be twenty-four (24) hours of duty, starting at 0700. For illustration purposes, the regular work schedule for suppression personnel is listed below with an X representing an on-duty shift and a Y representing an off-duty shift. Agreement- 7 COLLECTIVE LABOR AGREEMENT XYXYXYYYY The regular work schedule for non-suppression personnel shall be forty (40) hours per week. Hours of work are from 0800 to 1200 and from 1300 to 1700 Monday through Friday. ARTICLE 19 - BEREAVEMENT LEAVE In the event of a death in the employee's immediate family, he/she shall be entitled to up to 24 hours leave of absence. Leave may be granted from accrued vacation leave or unpaid leave of absence. Sick leave may also be granted at the discretion ofthe Fire Chief or his/her designee. The immediate family shall be deemed as spouse, child (which shall include a step-child, foster child or legally adopted child), mother, father, brother, sister, grandparent or grandchild. ARTICLE 20 - CALL BACK Any employee reporting for duty while off-duty shall have all of the benefits that he/she would normally have while on hislher regular tour of duty. Employees shall receive overtime pay at one and one-half (1 1/2) times his/her normal rate of pay for all overtime worked. There shall be a minimum of one (1) hour pay for all call back, overtime, or incidents work. Additional calls during the initial 60 minutes of each call back, overtime, or incident worked will not be further compensated. Any time worked after the first hour will be compensated at one-half (1/2) hour increments, rounded up to the next half-hour. All overtime accumulated by an employee shall be due and payable on their next pay period. ARTICLE 21 - WORKING OUT OF CLASSIFICATION All employees of the DEPARTMENT covered by this Agreement and who are certified as meeting the eligibility requirements shall, when circumstances warrant, accept and assume the duties of the position or rank above that which he/she normally holds. Each employee assuming the higher duties or rank shall be paid at the wage scale of the higher position or rank, for time worked at the higher position or rank, utilizing the same 60 minute minimum standards set forth in CALL BACK. ARTICLE 22 - EFFECTIVE DATE This Collective Labor Agreement shall become effective October 1, 1999, and remain in full force and effect until September 30, 2001. This Agreement may be reopened at any time for negotiations on any mutually agreed item(s), pursuant to the procedures set forth in Chapter 18, Title 44, Idaho Code. ARTICLE 23 - SAVINGS CLAUSE If any provisions of this Agreement or the application of such provision should be rendered or declared invalid by any court having jurisdiction, or by reason of any existing or subsequently enacted legislation, the remaining parts or portions of this Agreement shall remain in full force and effect. Agreement- 8 COLLECTIVE LABOR AGREEMENT ARTICLE 24 - STAFFING Sufficient employees shall be maintained on duty and available for response to alarms. Sufficient employees shall be on duty and available to provide a minimum of one firefighter, one driver, and one officer per station with a minimum of three (3) firefighters responding to fire related calls. If sufficient employees are not available to meet the minimum staffing requirements, firefighters shall be retained or recalled as per the RELIEF PERSONNEL article in this Agreement. Units shall not be placed out of service for reasons of insufficient personnel. ARTICLE25-SALARIES Wages for all employees of the Fire Department shall be as fixed and set forth in APPENDIX A, attached hereto. ARTICLE 26 - MANAGEMENT RIGHTS The DEPARTMENT shall have the exclusive right to exercise the regular and customary functions of management, subject to the provisions of this Agreement and consistent with applicable law and regulations, including, but not limited to: Directing the activities of the DEPARTMENT; Determining the levels of service and methods of operations; The introduction of new equipment; The right to hire, lay-off, transfer and promote; To discipline and discharge employees for cause; To determine work schedules and assign work; To take whatever action may be necessary to carry out its mission in emergency situations. Nothing in this clause shall have the effect of nullifying any provisions elsewhere in this Agreement. The terms hereof are intended to cover only minimums in wages, hours, working conditions, benefits, and other terms and conditions of employment. The City may place superior wages, hours, working conditions, benefits and other terms and conditions of employment in effect and may reduce the same to the minimums herein prescribed. ARTICLE 27 - ORDER OF AUTHORITY The order of authority within the DEPARTMENT is as follows: Fire Chief Captains and Fire Marshall Drivers Firefighters Agreement- 9 COLLECTIVE LABOR AGREEMENT DATEANDSIGNEDthis ;;¿c¡f! daYOf~.u ~ ,1999. IAFF LOCAL #2311 By: ~~ ~ Reggie ards President By: Agreement- 10 APPENDIX A Wage Scale- The job classification and wage rates for the employees covered by this Agreement shall be as follows: EFFECTIVE DATES Job Titles 10/1/99 10/1/2000 Introductory Employee (1" year) $27,000 $29,430 Firefighter I $28,023 $30,080 Firefighter II $30,776 $33,956 Firefighter III $32,552 $35,972 Driver $34,604 $37,539 Captain $40,469 $43,946 Fire Marshall $43,786 $47,727 The wage rates above include Longevity and Educational differential pay. NOTE: To be promoted the employee must have served one (I) continuous year in the previous position, as per Article 14-PROMOTIONS MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (MOD) is entered into this ;;;.yTt- day of ~~.k..... , 1999 by and between the City of Meridian referred to as the DE ~TMENT and the InternatIOnal AssociatIOn ofFue FIghters, Local #2311 herem after referred to as the Union. The DEPARTMENT and the Union agree as follows: 1. The DEPARTMENT will contract and pay for cleaning services of station uniforms to prevent cross contamination with their families/clothes due to blood, body fluids and airborne pathogens that were picked up on the uniform, whether seen or unseen. If there was not contamination the employees will launder their own uniforms or utilize cleaning services arranged for by the DEPARTMENT at the employee's expense. This paragraph shall remain in effect until the new fire station and equipment is available. 2. The DEPARTMENT and the Union agree to negotiate a drug/alcohol policy during the Collective Labor Agreement contract period that runs from 10/1/99 -9/30/2001. The MOU shall remain in effect for the duration of the time periods listed under #1 & #2. INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL 2311 L. .~ ~. ~ , ~ '~~ .. .... _\ _L ,"' .: --..' ~~ ~l ~\.'~ / ......'.......\~;.o.,,~.~........~~ . V;~. COLLECTIVE LABOR AGREEMENT AGREEMENT The City of Meridian hereinafterreferred to as the DEPARTMENT, and Local #2311 International Association of Fire Fighters, hereinafter referred to as UNION, in order to increase general efficiency in the Fire Department, to maintain existing harmonious relationship between the Fire Department and its employees, and to promote the morale, rights and well-being ofthe members of the Fire Department, hereby agree as follows: ARTICLE 1- RECOGNITION Pursuant to Title 44, Chapter 18, Idaho Code, the DEPARTMENT recognizes the UNION as the exclusive bargaining agent for all full time paid employees of the Fire Department except management persolU1el and volunteers. ARTICLE 2 - DISCRIMINATION There shall be no discrimination against, intimidation or harassment of any employee by either the DEPARTMENT, EMPLOYEE, the UNION or any member acting on behalf ofthe UNION, because of the employee's membership or non- membership in the UNION or by virtue of his/her holding office or not holding office in the UNION. The DEPARTMENT and the UNION agree that neither shall discriminate against any employee or prospective employee with respect to his/her compensation, terms, conditions, or privileges of employment because of such employee's race, color, religion, sex, national origin or other factors which do not constitute bona fide occupational requirements. It shall be the exclusive responsibility ofthe DEPARTMENT to determine bona fide occupational requirements within the meaning of this Article. ARTICLE 3 - PREVAILING RIGHTS All rights, privileges, and benefits held by the firefighters at the present time which are not included in this contract shall remain in force unless change is agreed to by both parties. The Fire Chief may cha,nge or cancel any such right, privilege or benefit when he/she deems it in the best interest of the Fire Department. Any change or cancellation of any right, privilege or benefit that is done for harassment, retaliation, without just cause or applied unfairly shall be subject to the grievance procedure. ARTICLE 4 - UNION DUES, FEES and ASSESSMENT CHECK OFF The EMPLOYER agrees to deduct authorized union dues, fees and assessments in amounts specified by the authorized officer of the UNION, from the pay of the bargaining unit employees upon written authorization. The EMPLOYER further agrees to transmit those amounts monthly to the UNION. The UNION agrees to certify to the EMPLOYER the amount of authorized dues, fees and assessments. ARTICLE 5 - UNION BUSINESS Firefighters elected to Union office shall be granted time off to attend functions, conventions and seminars within the State ofIdaho, provided that the Fire Chief is given seventy-two (72) hours notice and approves such leave. Up to three (3) members of the Union's Contract Negotiation Committee shall be allowed time off either with leave Agreement- 1 COLLECTIVE LABOR AGREEMENT without payor vacation time at the employee's discretion, for all meetings with the DEP AR TMENT for contract negotiations, for union conventions and for union seminars mutually set by the DEPARTMENT and the UNION. ARTICLE 6 - PERSONNEL REDUCTION OR RESTRUCTURING In case of persolU1el reduction, the member with the least seniority shall be released first. No new employees will be hired until the furloughed members have been given the opportunity to return to work. If at any point a restructuring causes a decrease in an employee1s rank as justified due to Fire Department adjustments, that person will assume the next available opening in that rank. Seniority being considered: skills, qualifications and abilities are the determining factors. The DEPARTMENT shall be the sole judge of skills, qualifications and ability. ARTICLE 7 - RULES and REGULATIONS The rules and regulations and policies of the DEPARTMENT as provided in Idaho Code relating in any way to wages, hours and/or other terms and conditions of employment shall be made a part of this agreement. The rules and regulations of the DEPARTMENT as provided in Idaho Code shall be subject to change by mutual consent. ARTICLE 8 - INSURANCE During the term of this Agreement, the DEPARTMENT shall pay 100% ofthe employee premiums for policies of health and accident, workman's compensation, dental, life, and long term disability insurance. The DEPARTMENT shall provide coverage to firefighters that is equal to or greater than that coverage in policies in existence as ofthe effective date of this Agreement. The Firefighter will pay the dependent premium for the family medical and dental plan that is in existence at the time of the signing ofthis contract throughout the term of this contract. The City reserves the right to make changes in carriers, premiums and pro.visions of these programs when deemed necessary or advisable. ' . ARTICLE 9 - SICK LEAVE Any employee incurring a non-duty sickness or disability which renders him/her unable to perform his/her duties shall receive sick leave with full pay within hislher accumulated sick leave time. Suppression employees shall accrue ten (10) hours per month beginning October 1, 1999. The maximum time accumulated shall be 2920 hours. Any employee whose employment with the DEPARTMENT is discontinued shall be paid at hislher regular wage rate for 15% of his /her accrued sick leave. Any employee unable to perform hislher duties for more than three (3) consecutive shifts due to non-duty sickness or disability shall be required to provide medical documentation from hislher attending physician. Forty (40) hour employees shall accrue six (6) hours per month. The maximum time accumulated shall be 1040 hours. Agreement- 2 COLLECTIVE LABOR AGREEMENT ARTICLE 10 - INJURY LEAVE Whenever an employee is incapacitated on the job, he/she shall be entitled to injury leave with full pay which includes the wage scale in APPENDIX A, during the period in which he/she is unable to perform his/her duties or until such time as he/she has been accepted for retirement by the current retirement system. The period of injury leave is limited to a maximum of twelve (12) months and any Worker's Compensation benefits received by the member for total or partial temporary disability during the employee1s injury leave with full pay shall be turned over to the DEPARTMENT. All employees on injury leave shall be subject to an examination by a Doctor acceptable to the DEPARTMENT. Whenever a full-time employee is unable to perform hislher FULL DUTIES as a result of a llLINE OF DUTY" injury or illness, he/she may be required to report to work in a LIGHT DUTY status if management determines that light duty work exists or is available at that time. Management has the right to determine if light duty work exists, Assigned LIGHT DUTY shall be strictly limited to instructions provided by the sick/injured employee's medical doctor regarding hislher physical and/or mental status. He/she must provide a doctor1s release to the Chief or hislher designee stating what functions he/she is able to perform, and for how long (hours per day or per shift, days or shifts per month, etc.). . Assigned LIGHT DUTY shall in no way endanger, aggravate or prolong the full physical and/or mental recovery of the sick/injured employee. LIGHT DUTY shall in no way affect the existing vacation, holiday, sick leave or other benefit accrual as previously agreed to or provided for by this agreement or by past practice of the management ARTICLE 11 - VACATION 1. All twenty four (24) hour shift employees covered by the terms of this Agreement shall accrue paid vacation leave on a monthly basis according to the following schedule: . 1011/1999 a. Zero to two (0-2) years of service b. Three to nine (3-9) years of service c. Ten to fourteen (10-14) years of service d. Fifteen (15) and up years of service 6 hours/month 10 hours/month 14 hours/month 18 hours/month 10/112000 a. Zero to two (0-2) years of service b. Three to nine (3-9) years of service c. Ten to fourteen (10-14) years of service d. Fifteen (15) and up years of service 8 hours/month 12 hours/month 16 hours/month 20 hours/month Maximum hourS- accrued shall be 432. Any amount over the maximum will be lost. Agreement- 3 COLLECTIVE LABOR AGREEMENT 2. All eight (8) hour per day/forty (40) hour week employees covered by the terms of this Agreement shall accrue paid vacation leave on a monthly basis according to the following schedule: 10/1/1999 a. Zero to two (0-2) years of service b. Three to nine (3-9) years of service c. Ten to fourteen (10-14) years of service d. Fifteen (15) and up years of service 3.33 hours/month 6.66 hours/month 10 hours/month 14 hours/month 10/1/2000 a. Zero to two (0-2) years of service b. Three to nine (3-9) years of service c. Ten to fourteen (10-14) years of service d. Fifteen (15) and up years of service 6 hours/month 8 hours/month 10 hours/month 14 hours/month Maximum hours accrued shall be 250. Any amount over the maximum will be lost. Vacation will accrue, but may not be taken during an employee's first year of employment. Any employee whose employment with the DEPARTMENT is discontinued for any reason shall be paid at his/her regular wage rate for all accrued and accumulated vacation. Employees shall be entitled to bid for vacation leave according to seniority. The DEPARTMENT shall determine the vacation schedule, taking into consideration seniority and the desires of employees. The vacation list will be circulated beginning September 1, and seniority considerations shall prevail until December 31 st of each year. INCIDENTAL LEAVE Incidental leave is defined as vacation leave not previously scheduled during yearly vacation scheduling plarinlng, Incidental leave may be granted at the sole discretion of the management of the DEP ARTMENT and must be taken in not less than four (4) hour increments. HOLIDAYS All employees shall accrue and receive eight (S) hours paid leave for each of the holidays listed below. All holiday time shall be in addition to the employee's vacation leave, and shall accrue as each holiday occurs. All 24 hour shift employees shall have the holiday leave added to their vacation leave. All employees shall be entitled to ten (10) holidays per year as listed below: NEW YEAR'S DAY PRESIDENrS DAY VETERAN'S DAY INDEPENDENCE DAY. MEMORIAL DAY LABOR DAY COLUMBUS DAY THANKSGIVING DAY CHRISTMAS DAY CIVIL RIGHTS DAY Agreement- 4 COLLECTIVE LABOR AGREEMENT ARTICLE 12 - RELIEF PERSONNEL The DEPARTMENT will provide qualified reliefpersolU1el with full-time employees Monday through Friday, if possible. On call personnel will be used first choice on weekends, if possible. Sufficient relief personnel shall be used to maintain normal coverage of each shift period of vacation, holidays, sick leave and fire related education. ARTICLE 13 - VACANCIES Any unfilled position cause by termination, retirement, promotion or otherwise, except for personnel reduction as provided elsewhere in this Agreement, shall be filled from a hiring list of eligible applicants on file for that position. Promotions and vacancies for the position of Driver, Captain and any other positions added to the ranks of the DEPARTMENT which pertain to shift persolU1el shall be filled from the current ranks of the full-time personnel ofthe Meridian Fire Department. All promotional examinations shall be given and vacancies filled within 60 days. Vacancies for the position of entry level firefighter shall be filled from the hiring list. It shall be the exclusive responsibility of the DEPARTMENT to determine bona fide occupational requirements within the meaning-of this Article and maintain a hiring list to be renewed every two (2) years. ARTICLE 14 - PROlVIOTIONS Eligibility tests for promotion and newly created positions shall be based on examinations given. To be considered for promotion the employee must have served one continuous year in the previous position. Examinations will be given once a year for all positions up to and including Driver; and will be given in the month of April each year. For the positions of Officers, the examination will be given every two (2) years during the month of April. In the event of an opening/vacancy for a position in which there are no qualified candidates on the current promotion/eligibility list of that position, a special test may be given, by mutual consent of both parties to fill the vacancy/opening. All examinations shall be impartial and shall relate to those matters which will test fairly the candidate's ability to discharge the duties of the position to be filled. It shall be the exclusive responsibility of the DEPARTMENT to determine bona fide occupational requirements within the meaning of this Article. The DEPARTMENT shall be the sole judge of skills, qualifications and ability. Seniority for promotions will be one-half (1!2) point per year of service up to a maximum often (10) points. Promotional examinations shall consist of a written test and assessment center. A minimum of70% will be required to pass each portion ofthe promotional examination. Seniority points will be added after successfully passing the examination. The following formula will be used to determine the candidate's final score on promotional examinations. Agreement- 5 COLLECTIVE LABOR AGREEMENT Example: + /2= + 81.0% Written Examination 75.0% Assessment Center 78.0% 4.0 Seniority Points (8 years service) 82.0 Final Score ARTICLE IS-GRIEVANCE PROCEDURE Disputes or differences arising between the DEPARTMENT and the UNION and/or individual members of the Fire Department as to the meaning or application of any provision of this Agreement or of the Rules and Regulations of the Fire Department (as provided in article 7), relating in any way to employees' wages, hours and/or other terms and conditions of employment, shall be settled in the malU1er provided herein. For the purpose ofthis provision, such a dispute or difference shall be referred to as a n Grievance. It Step One: Any employee who has a grievance shall notify the Union Grievance Committee in writing within ten (10) business days from the date of the grievance, or ten (10) business days from the time the employee, through reasonable diligence, should have been aware of it. The Union Grievance Committee, hereinafter referred to as UNION, shall within the next ten (10) business days determine if the grievance has merit. If in its opinion, the grievance does not have merit, no further action shall be necessary. Step Two: If it is the opinion ofthe UNION that a valid grievance exists, the UNION shall present the grievance in writing to the Fire Chief within ten (10) business days after their decision. All parties to such discussion will make a good faith effort to resolve the grievance. The Fire Chiefthereafter shall give his/her reply in writing within ten (10) business days. Step Three: If the grievance has not been resolved in Step Two, the UNION shall present the grievance in writing to the DEPARTMENT within ten (10) business days from the receipt of the Fire Chiefs written reply. All parties to such discussion will make a good faith effort to resolve the grievance. The DEPARTMENT thereafter shall give its reply in writing within ten (IO)'busilless days. Step Four: Ifthe grievance has not been resolved at the appropriate lower Step(s), either the UNION or DEPARTMENT may within ten (10) business days refer the grievance to an Arbitrator by serving written notice upon the other. The UNION and the DEPARTMENT shall request the Federal Mediation and Conciliation Service to supply a list of seven (7) proposed arbitrators. Within five (5) business days after receipt of this list the UNION and the DEPARTMENT shall select an Arbitrator by alternately striking one (1) name at a time from the list until only one (1) name remains. The party striking the first name shall be determined by a coin toss. The name remaining on the list shall be accepted by both parties as the Arbitrator. The Arbitrator shall conduct a hearing and shall render a decision in writing, which shall be final and binding on both parties, subject only to the parties' right to seek vacation or modification to the Arbitrator's award pursuant to the provisions of Chapter 9, Title 7 Idaho Code. The Arbitrator shall'have only such jurisdiction and authority to interpret and apply the provisions of this Agreement as shall be necessary to the determination of the arbitration issue. The Arbitrator shall not have any power to add or subtract from, Agreement~ 6 COLLECTIVE LABOR AGREEMENT modify or alter in any way, the provisions of this Agreement. The cost of arbitration shall be borne equally by the DEPARTMENT and UNION. ARTICLE 16 -NO STRIKES - NO LOCKOUT . Upon the consummation and during the term of this Agreement, no member of the Fire Department covered by this agreement shall strike or recognize a picket line of any labor organization while in the performance of his /her official duties, in accordance with Idaho Code Section 44-1811. It is mutually agreed that there shall be no strike authorized by the UNION and no lockout authorized by the EMPLOYER, except for the refusal of either party to submit to or abide by the grievance procedure set forth herein. No picket line, at or around the City's property, established by any other person or organization shall be sanctioned or honored during the term of this Agreement. The UNION agrees that as part of the consideration for this Agreement, it will, within twenty-four (24) hours take steps to end any unauthorized work stoppages, strikes, slow-downs or suspensions of work, instructing their members to work immediately. The UNION agrees that it will not assist employees participating in unauthorized work stoppages, strikes, slow-downs or suspensions of work. For purposes of this section, the term "strike" shall include a cessation or stoppage of work, slow-down, sit-in and picketing ofthe City's premises. ARTICLE 17 - UNIFORlVI ALLOWANCE All suppression employees uniforms shall meet National Fire Protection Association (N.F.P.A.) 1975 minimum requirements for station uniform wear. The brand, style, materials and color of uniforms shall be designated by the Fire Chief. Under this article the DEPARTMENT shall provide each suppression employee $600.00 credit per fiscal year for the purchase of station uniform wear. For a introductory firefighter, the DEPARTMENT shall provide the proper station uniform, meeting the N.F.P.A. 1975 standards, for the first year of service, or $800.00 credit. On the firefighter's a1U1iversary date, of the. first year of service, the firefighter shall receive $50.00 credit for each month between the anniversary date and the DEPARTMENT'S fiscal year end. Non suppression employees shall receive $600.00 credit for their clothing allotment per fiscal year. ARTICLE 18 - HOURS OF WORK AND DESIGNATED WORK PERIODS The designated work period for all Fire Department personnel covered under this Agreement shall be on a twenty-seven (27) day cycle with coverage at 216 hours. Under the Fair Labor Standards Act (FLSA) 204 actual hours worked will be paid at the regular hourly rate and 12 hours paid at the overtime rate ifno excluded hours under the act has been taken. The regular work schedule for suppression personnel shall be three (3) shifts on duty every other day and then four (4) days off. A shift shall be twenty-four (24) hours of duty, starting at 0700. For illustration purposes, the regular work schedule for suppression personnel is listed below with an X representing an on-duty shift and a Y representing an off-duty shift. Agreement- 7 COLLECTIVE LABOR AGREEMENT XYXYXYYYY The regular work schedule for non-suppression personnel shall be forty (40) hours per week. Hours of work are from OSOO to 1200 and from 1300 to 1700 Monday through Friday. ARTICLE 19 - BEREAVEMENT LEAVE In the event of a death in the employee's immediate family, he/she shall be entitled to up to 24 hours leave of absence. Leave may be granted from accrued vacation leave or unpaid leave of absence. Sick leave may also be granted at the discretion of the Fire Chief or his/her designee. The immediate family shall be defined as spouse, child (which shall include a step-child, foster child or legally adopted child), mother, father, brother, sister, grandparent or grandchild. ARTICLE 20 - CALL BACK Any employee reporting for duty while off-duty shall have all ofthe benefits that he/she would normally have while on his/her regular tour of duty. Employees shall receive overtime pay at one and one-half (1 1/2) times hislher normal rate of pay for all overtime worked. There shall be a minimum of one (1) hour pay for all call back, overtime, or incidents work. Additional calls during the initial 60 minutes of each call back, overtime, or incident worked will not be further compensated. Any time worked after the first hour will be compensated at one-half (112) hour increments, rounded up to the next half-hour. All overtime accumulated by an employee shall be due and payable on their next pay period. ARTICLE 21 - WORKING OUT OF CLASSIFICATION All employees of the DEPARTMENT covered by this Agreement and who are certified as meeting the eligibility requirements shall, when circumstances warrant, accept and assume the duties of the position or rank above that which he/she normally holds. Each employee assuming the. higher duties or rank shall be paid at the wage scale of the higher position or rank, for time worked at the higher position or rank, utilizing the same 60 minute minimum standards set forth in CALL BACK ARTICLE 22 - EFFECTIVE DATE This Collective Labor Agreement shall become effective October 1, 1999, and remain in full force and effect until September 30,2001. This Agreement may be reopened at any time for negotiations on any mutually agreed item(s), pursuant to the procedures set forth in Chapter IS, Title 44, Idaho Code. ARTICLE 23 - SA VINGS CLAUSE If any provisions of this Agreement or the application of such provision should be rendered or declared invalid by any court having jurisdiction, or by reason of any existing or subsequently enacted legislation, the remaining parts or portions of this Agreement shall remain in full force and effect. . Agreement- 8 COLLECTIVE LABOR AGREEMENT ARTICLE 24 - STAFFING Sufficient employees shall be maintained on duty and available for response to alarms. Sufficient employees shall be on duty and available to provide a minimum of one firefighter, one driver, and one officer per station with a minimum ofthree (3) firefighters responding to fire related calls. If sufficient employees are not available to meet the minimum staffing requirements, firefighters shall be retained or recalled as per the RELIEF PERSONNEL article in this Agreement. Units shall not be placed out of service for reasons of insufficient personnel. ARTICLE 25-SALARIES Wages for all employees of the Fire Department shall be as fixed and set forth in APPENDIX A, attached hereto. ARTICLE 26 - MANAGEMENT RIGHTS The DEPARTMENT shall have the exclusive right to exercise the regular and customary functions of management, subject to the provisions of this Agreement and consistent with applicable law and regulations, including, but not limited to: Directing the activities of the DEPARTMENT; Determining the levels of service and methods of operations; The introduction of new equipment; The right to hire, lay-off, transfer and promote; To discipline and discharge employees for cause; To determine work schedules and assign work; To take whatever action may be necessary to carry out its mission in emergency situations. Nothing in this clause shall have the effect of nullifying any provisions elsewhere in this Agreement. The terms hereof are intended to cover only minimums in wages, hours, working conditions, benefits, and other terms and conditions of employment. The City may place superior wages, hours, working conditions, benefits and other terms and conditions of employment in effect and may reduce the same to the minimums herein prescribed. ARTICLE 27 - ORDER OF AUTHORITY The order of authority within the DEPARTMENT is as follows: Fire Chief Captains and Fire Marshall Drivers Firefighters Agreement- 9 COLLECTIVE LABOR AGREEMENT DATE AND SIGNED this ;;J. '/ 'Ii day of ~~.< ~ , 1999. /!) ] ATTEST: ....1$" '.p .. ~ . ~ .<'\,.. ..~ \V ," . \", IIII " nUH' ATTEST: By: illiam G. Berg, Jr. City Clerk Agreement- 10 IAFF LOCAL #2311 By: 'Hq~CV 9l2w(}~ ReggIe ards President By: J~ 1ft c.-~ Sam McEvoy Secretary APPENDIX A Wage Scale- The job classification and wage rates for the employees covered by this Agreement shall be as follows: EFFECTIVE DATES Job Titles 10/1199 10/112000 Introductory Employee (1 st year) $27,000 $29,430 Firefighter I $28,023 $30,080 Firefighter II $30,776 $33,956 Firefighter III $32,552 $35,972 Driver $34,604 $37,539 Captain $40,469 $43,946 Fire Marshall $43,786 $47,727 The wage rates above include Longevity and Educational differential pay. NOTE: To be promoted the employee must have served one (1) continuous year in the previous position, as per Article 14-PROMOTlONS MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (MOD) is entered into this ;;21 It- day of ~~~~ ,1999 by and between the City of Meridian referred to as the DE ~TMENT and the InternatlOnal AssociatlOn of FIre FIghters, Local #2311 herem after referred to as the Union. The DEPARTMENT and the Union agree as follows: 1. The DEPARTMENT will contract and pay for cleaning services of station uniforms to prevent cross contamination with their families/clothes due to blood, body fluids and airborne pathogens that were picked up on the uniform, whether seen or unseen. If there was not contamination the employees will launder their own uniforms or utilize cleaning services arranged for by the DEPARTMENT at the employee's expense. This paragraph shall remain in effect until the new fire station and equipment is available. 2. The DEPARTMENT and the Union agree to negotiate a drug/alcohol policy during the Collective Labor Agreement contract period that runs from 1011/99 -9/3012001. The MOU shall remain in effect for the duration of the time periods listed under #1 & #2. INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL 2311 ?ilw~ ##<r!ecL