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 #2311 INTERNA 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