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204 Collective Labor Agreement w/ Local #2311 RESOLUTION NO. 204 BY: If Gn /}ndt/lJ tJ7'-./ t onvrL c2t/1rt-CVJtJ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "COLLECTIVE LABOR AGREEMENT", CITY OF MERIDIAN, GRANTOR. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with Local #2311 International Association of Fire Fighters, denoted as "COLLECTIVE LABOR AGREEMENT" a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Clerk are hereby authorized to enter into on behalf of the City of Meridian that certain agreement with Local #2311 International Association of Fire Fighters, entitled "COLLECTIVE LABOR AGREEMENT" a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR TO ENTER INTO A COLLECTIVE LABOR AGREEMENT WITH LOCAL #2311INTERNA TIONAL ASSOCIATION OF FIRE FIGHTERS PASSED BY mE COUNCIL OF mE CITY OF MERIDIAN, IDAHO, this /It!: day of /V~hv~ , 1998. APPROVED BY mE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 4~day of ;/t/1/tnvUr , 1998. CG-0 rt, rz -&-. , ~fA YOR t!i"7 e o?tnc/L ;JreFidefL-t- ATTEST: RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR TO ENTER INTO A COLLECTIVE LABOR AGREEMENT WITH LOCAL #2311 INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS 2 COI ~CTIVE LABOR AGREEME-p.T~ AGREEMENT The City C': Meridian and the Meridian Rural Fire District, hereinafter collectively 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 hannonious relationship between the Fire Department and its employees, and to promote the morale, rights and well-being of the members of the Fire Department, hereby agree as follows: ARTICLE 1 - RECOGNITION _ Pursuant to Title 44, Chapter 18, Idaho Code. the IJEPARTMENT recognizes the UNION as the exclusive bargaining agent for all full time paid employees of the 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 discrimina~e against any employee or prospective employee with respect to hislher 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 1\rticle. 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 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. AGREEMENT - 1 ARTICLE 4 - UNIOl\ JES, FEES and ASSESSMENT Cf. .;K 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 writteH 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, and fees and. assessments. ARTICLE 5 - STRIKES Upon the consummation and during the term oftms 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 ofhislher official duties, in accordance with Idaho Code Section 44-1811 ARTICLE 6 - 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 ofthe Union1s Contract Negotiation Committee shall be allowed time off either with leave without pay, vacation time or compensation time at the employee's discretion, for all meetings with the DEPARTMENT for contract negotiations which shall be mutually set by the DEPARTMENT and the UNION. ARTICLE 7 - 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 shall prevail in all cases. Seniority being equal: skills, qualifications and abilities are the determining factors. The DEPARTMENT sh'all be the sole judge of skills, qualifications, and ability. ARTICLE 8 - RULES and REGULATIONS . The rules, regulations and policies of the DEPARTMENT relating in any way to wages, hours and/or other terms and conditions of employment shall be made a part of this agreement. All such rules, regulations and policies shall be subject to change with mutual consent by both parties. AGREEMENT - 2 ARTICLE 9 ~ INSUR CE During the term of this Agreement, the DEPARTMENT shall pay the current premiums for policies of health and accident, workmen's compensation, dental and life insurance providing coverage to fhefighters equal to or greater than that coverage in policies in existence as of the effective date of this Agreement. The Firefighter will pay the current prev~iling premium of the family Medical plan and the family Dental plan. ARTICLE 10 ~ SICK LEAVE Any employee incurring a non-duty sickness or disability which renders.him/hel' unable to perform his/her duties shall receive sick leave with full pay within his/her accumulated sick leave time. The suppression employee can accrue six (6) hours per month for the year 1998. For the year 1999 sick leave will increase to eight (8) hours per month. The maximum time accumuiated shall be 5760 hours. . , Any employee whose employment with the DEP AR TMENT is discontinued shall be paid at his/her regular wage rate for 15% ofhis/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 four (4) hour~ per month. The maximum time accumulated shall be 2400 hours. ARTICLE 11 - 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 hislher 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 turned over to the DEPARTMENT. All employees shall be subject to an examination by a Doctor acceptable to the DEPARTMENT. Whenever a full-time employee is unable to perform his/her FULL DUTIES as a result of a "LINE OF DUTYu 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 his/her 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. AGREEMENT - 3 LIGHT DUT. Jnall in no way affect the existing vaca.~-,l1, 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 12 - VACATION 1. All twenty-four (24) hour ~hift employees covered by the terms of this Agreement shall accrue paid vacaticm leave on a monthly basis according to the .following schedule: 1998 a. One to two (1-2)sears 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 1999 a. One to two (1-2) 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 4 hours/month 8 hours/month 12 hours/month 16 hours/month 6 hours/month 10 hours/month 14 hours/month 18 hours/month lost. Maximum hours accrued shall be 432. Any amount over the maximum will be 2. All eight (8) hour per day/ forty (40) hour per week employees covered by the tenus of this Agreement shall accrue paid vacation leave on a monthly basis according to the followi.ng schedule: a. One to two (1-2) 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 J 0 hours/ month 14 hours/ month lost. Maximum hours accrued shall be 250. Any amount over the maximum will be . 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 hislher regular wage rate for all accrued and accumulated vacation. AGREEMENT - 4 Employees she be entitled to bid for vacation leave aL Jrding 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 31st of each year. INCIDENTAL LEAVE Incidental leave is defined as vacation l~ave 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 employeers vacation leave. 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 DA Y VETERANrs DAY INDEPENDENCE DA Y MEMORIAL DA Y LABOR DAY COLUMBUS DAY THANKSGIVING DAY CHRISTMAS DAY CIVIL RIGHTS DAY ARTICLE 13 - RELIEF PERSONNEL The DEPARTMENT will provide qualified relief personnel with full-time employees Monday though.Friday, ifpossible. Part-time peronnel 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 14 - VACANCIES Any unfilled position caused by tennination, 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. It shall be the exclusive responsibility of the DEPARTMENT to detennine bona fide occupational requirements within the meaning of this Article and maintain a hiring list to be renewed every two (2) years. ARTICLE 15 - PROMOTIONS Eligibility tests for promotion and newly created positions shall be based on examinations given, with consideration for seniority. Seniority for promotions will be one AGREEMENT - 5 (l) point per year of ~ .'ice up to a maximum of ten (10) poio'I-. fo 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 vviIl 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 f01 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 DEPARTIvIENT to determine bona fide occupational requirements within the meaning of this Article. The DEPARTMENT ._ ~halI be the sole judge of skills, qualifications, and ability. ARTICLE 16 ~ GRlEV ANCE 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 relating in any way to employees' wages, hours and/or other tenus 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 lIGrievance". 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, hereinafterreferred 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: Ifit is the opinion of the 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 hislher reply in writing within ten (10) business days. Step Three: Ifthe 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' (1 0) 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. AGREEMENT - 6 -1 Within five (5, lsiness days upon service of this notic~ .le UNION and the DEPARTMENT shaH attempt to agree upon an Arbitrator to hear and determine the grievance. If an Arbitrator cannot be agreed upon within ten (10) business days, 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 cIthis iist the UNION and the DEPARTMENT shall select a.l 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 binding on both parties. _ The award of the Arbitrat?r may be entered upon the records of any court having - jurisdiction, except that each party shall retain the right to appeal as provided in 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, modify or alter in any way, the provisions of this Agreement. The cost of arb*ation shall be borne equally by the DEPARTMENT and UNION. ARTICLE 17 - UNIFORM ALLOWANCE The DEPARTMENT shall provide to all suppression employees, uniforms that meet National Fire Protection Association (N.F.P.A.) 1975 minimum requirements for station uniform wear. Under this article the DEPARTMENT shall provide each suppression employee $600.00 of credit per fiscal year for the purchase of station uniform wear. 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 no contamination the employees will launder their own uniforms or utilize cleaning services arranged for by the DEPARTMENT at the employees' expense. Non-suppression employees shall receive $600.00 for their clothing allotment . per fiscal year. All unif~rms shall be designated by the Fire Chief. 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. The cycle shall be 216 hours, with pay being set for 204 hours and 12 hours at the overtime rate. AGREEMENT - 7 The regular w\ schedule for suppression personnel s1. . 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. XYXYXyyyy 11: ~ regular work schedule for non-suppression personnel shalt be forty (40) hours per week. Hours of work are from 0800 to 1200 - 1300 to 1700 Monday through Friday. ARTICLE 19-BEREAVEMENTLEAVE 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 I -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. brother-in-law, sister-in-law, son-in-law, daughter-in-law, niece, nephew and those same relatives of the employee's spouse. 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 (l 1/2) times hislher nonnal rate of pay for all overtime worked. There shall be a minimum of one-half (112) hour pay for up to 30 minutes and one (1) hour for anything over 30 minutes for call back, overtime, or incident worked. 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 circWnstances warr~t, 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 30 minute minimum standards set forth in CALL BACK. ARTICLE 22 - EFFECTIVE DATE 1l1is Collective Labor Agreement, hereinafter referred to and called the Agreement, shall become effective October 1, 1997, and remain in full force and effect until September 30, 1999. It is the understanding of the UNION and the DEPARTMENT AGREEMENT - 8 that the DEPARTMEl, . 'S backpay liability due to the 101l/91 _iective date is limited to: Article 10 (Sick Leave); Article 12 (Vacation); and Article 25/Appendix A (Wage Scales, Longevity Pay and Education Differential Pay). 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 ~ourt 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. 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 unit of response. By definition, a unit is an engine company. 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, and the provisions for Longevity and Education pay shall be in addition to the wage scale per month as therein fixed and set forth in APPENDIX A. 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 regul~tions, including, but not limited to: Directing the activities of the DEPARTMENT; Detennining the levels of service and methods of operations; The introduction of new equipment; The right to hire, lay-off, transfer and promote; To disciplin~ and discharge employees for cause; To detennine work schedules and assign work; To take whatever action may be necessary to cany out its mission in emergency situations. Nothing in this clause shall have the effect of nullifying agreements entered into in other sections of this Agreement. AGREEMENT ~ 9 ARTICLE 27 - ORDER OF AUTHORITY The order of authority within the DEPARTMENT is as follows: Fire Chief Captains and Fire Marshall Drivers Firefighters 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 10/1/97 10/1/98 4/1/99 Firefighter I $24,000 $24,840 $25,709 Firefighter II $26,000 $26,910 $27,852 Firefighter III $27,500 $28,463 $29,459 Driver/Engineer $29,500 $30,533 $31,602 .-Station Captain $34,500 ; $35,708 $36,958 Fire Marshall $37,500 $38,813 . . . ~ $40,171 Longevity Pay - Each of the above employees shall receive longevity pay at the rate of $2.50 per month for each year of service, starting after 5 years of service and capped at 25 years of service, in addition to hislher monthly wage, payable monthly and adjusted on the anniversary date of the employee's employment with the DEPARTMENT. Education Differential Pay - In addition to the wage rates established by this Agreement, the DEPARTMENT shall pay employees educational premium pay, based on the State ofIdaho's Fire Fighter Certification Program, as follows:. Fire Fighter I ---- $25.00 per month Fire Fighter II ---- $50.00 per month Fire Fighter III ---- $75.00 per month AGREEMENT - II