HomeMy WebLinkAbout18- Collective Bargaining Agreement - IAFF Local 613 Bozeman Firefighters' - FY2019-FY2022 COLLECTIVE
BARGAINING
AGREEMENT
between
CITY OF BOZEMAN
and
IAFF LOCAL 613
BOZEMAN FIREFIGHTERS'
FY 2019- FY 2022
CONTENTS
Page
ARTICLE 1: RECOGNITION ...........................................................................................................2.
ARTICLE 2: PROVISIONS SUBJECT TO RESTRAINT ...............................................................2.
ARTICLE 3: SPECIFIC TERMS AND CONDITIONS OF EMPLOYMENT FOR UNIFORMED
DAY PERSONNEL ....................................................................................................2.
ARTICLE 4: PAYROLL DEDUCTIONS .........................................................................................3.
ARTICLE 5: NON-DISCRIMINATION& SUPPORT FOR GENDER AND ETHNIC DIVERSITY
......................................................................................................................................3.
ARTICLE6: UNION BUSINESS ......................................................................................................4.
ARTICLE 7: PREVAILING RIGHTS ..............................................................................................4.
ARTICLE 8: RULES AND REGULATIONS ...................................................................................4.
ARTICLE 9: OVERTIME AND COMPENSATORY TIME ...........................................................4.
ARTICLE 10: ALTERNATIVE WORK SCHEDULE ......................................................................5.
ARTICLE 11: PAY FOR TEMPORARY SERVICE AS SHIFT OFFICER/CAPTAIN ...................6.
ARTICLE12: HOLIDAY PAY ..........................................................................................................6.
ARTICLE 13: HEALTH AND MEDICAL INSURANCE ........................................................... ?.
ARTICLE 14: SHIFT CHANGES ......................................................................................................9.
ARTICLE 15: SICK,VACATION AND BEREAVEMENTLEAVE ................................................9.
ARTICLE 16: VACANCIES AND PROMOTIONS ........................................................................ 12
ARTICLE 17: GRIEVANCE AND ARBITRATION PROCEDURES ............................................ 12
ARTICLE 18: SUPPLEMENTAL AGREEMENT ........................................................................... 15
ARTICLE 19: TERM OF AGREEMENT .......................................................................................... 15
ARTICLE 20: STRIKE PROVISION ................................................................................................. 16
ARTICLE 21: SAVINGS CLAUSE .................................................................................................. 16
ARTICLE 22: OFFICIAL DUTIES ................................................................................................... 16
ARTICLE 23: SALARIES & COMPENSATION .............................................................................. 16
ADDENDUM A: FIREFIGHTER PAY RATES ...............................................................................18
ADDENDUM B: SUPPLEMENTAL RETIREMENT PROGRAM ..................................................21
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AGREEMENT
This Agreement, made and entered into this 29th day of June, 2018, between The City of Bozeman,
Bozeman, Montana, a municipal corporation, hereinafter referred to as "Employer", and The IAFF
Local 613- Bozeman Firefighters, hereinafter referred to as "Union".
It is the purpose of this Agreement to achieve and maintain harmonious relations between the Employer
and the Union, to provide for equitable and peaceful adjustment of differences which may arise, and
to establish proper standards of wages, hours and other conditions of employment.
ARTICLE 1: RECOGNITION
The Employer recognizes the Union as the exclusive bargaining agent for all firefighters and uniformed
day personnel of the Bozeman Fire Department, except for those at the rank of Battalion Chief and
positions above.
ARTICLE 2: PROVISIONS SUBJECT TO RESTRAINT
Articles 9, 10, 11, 12, and 14 of this agreement shall have no application to Uniformed Day Personnel
and their enforcement by Uniformed Day Personnel shall be restrained.
ARTICLE 3: SPECIFIC TERMS AND CONDITIONS OF
EMPLOYMENT FOR UNIFORMED DAY PERSONNEL
A. Through mutual agreement, the Fire Chief shall be allowed to temporarily assign interested
shift firefighters to perform the duties of uniformed day personnel. The length of these
assignments shall be a mutually agreed upon time period.
B. Upon completion of this UDP assignment, an Employee shall be allowed to return to 24-hour
shift duties. Reassignment to a 24-hour shift is contingent upon:
1. There must be a vacancy in the operations division.
2. The employee shall not be under any form of disciplinary action or performance
connection in his/her UDP position.
3. The appropriate supervisor shall complete an appraisal of the employee's performance
while assigned to the UDP position. A copy of the evaluation shall be forwarded to the
Human Resources Department where it will be placed in the employee's personnel file.
4. The Firefighter will return to shift at the step s/he would have attained within the normal
course of service. (For example, a Firefighter with 4 years of service with the Bozeman
Fire Department spends 12 months in the Training Officer assignment. That Firefighter
would return to shift duties as a Firefighter 1"Class.)
5. Seniority shall be the determining factor if the number of employees qualified to
return to shift under this policy exceeds the number of qualifying vacancies on shift.
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C. Firefighters assigned to these temporary assignments are eligible to apply for promotions
occurring within the Department during the one year assignment period.
D. Non-exempt uniformed day personnel shall be paid at a rate of one and one-half times their
regular rate of pay for all authorized time they work over forty(40) hours per week. With
prior Supervisory approval, non-exempt employees may choose to accrue compensatory
time in lieu of overtime pay, at a rate of one and one-half times their regular rate of pay,
for all authorized time they work over forty hours per week.
1. The maximum compensatory time accrual will not exceed 225 hours at the end of
any pay period.
2. Upon termination,unused accumulated compensatory time will be paid to the
employee at their final regular rate of pay.
E. With the exception of paragraphs D and D.1 through D.2 above, all Uniformed Day
Personnel shall be subject to and governed by the City of Bozeman Employee Handbook,
and all terms and conditions of employment regarding Overtime Pay, Flexible Work
Schedule,Holiday pay, and Hours of Work.
F. At the time the City chooses to reclassify the Training Officer duties to a Chief Officer that
include expanded management functions and training coordination,the Union agrees that
the position will no longer be represented by IAFF Local 613.
Positions added that report to the newly-established Training Chief will be represented by
IAFF Local 613 (for instance, Medical Trainer, Fire Operations Trainer etc.)
ARTICLE 4: PAYROLL DEDUCTIONS
The Employer agrees to deduct, once each month, dues or assessments from the pay of those
employees who individually request,in writing,that such deduction be made. The total amount of
deductions shall be remitted by the Employer to the Treasurer of the Union. This authorization
shall remain in force during the term of this Agreement.
ARTICLE 5: NON-DISCRINRNATION& SUPPORT FOR GENDER AND ETHNIC
DIVERSITY
Both the Union and the Employer recognize that diversity is an ongoing commitment to the entire
workforce that benefits both our workers and our citizens. Both the Union and the Employer
support the vision for gender and ethnic diversity across the City of Bozeman,including within the
Bozeman Fire Department. Both the Union and the Employer share a desire to increase
representation and retention of women in non-traditional roles,including those within the Bozeman
Fire Department.
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Neither the Union nor the Employer shall discriminate against its employees or applicants for
employment on the basis of race, color, religion, creed, sex, age, marital status, national origin,
political ideas, or on the basis of perceived or actual disability, sexual orientation,perceived or actual
gender identity, or Union affiliation. This relates to all aspects of employment and to the use of all
facilities and participation in all City-sponsored activities. This policy does not preclude
discrimination based on bona fide occupational qualifications or other recognized exceptions under
the law.
ARTICLE 6: UNION BUSINESS
Employees elected or appointed as Union officers or individuals appointed by the Union to
represent the Union shall be granted reasonable work time to perform their necessary functions.
At the beginning of each fiscal year,the Employer will provide a check to the Union in the amount
of two thousand dollars ($2,000) for the Union to use for the purpose of Union attendance at
conventions, conferences and seminars.
ARTICLE 7: PREVAILING RIGHTS
A. All rights, privileges and duties held by the employees at the present time which are not
included in this Agreement shall remain in force,unchanged and unaffected in any manner.
B. The Union shall recognize the Employer's rights to operate and manage its affairs in such
areas as, but not limited to, direct employees,hire, lay off,promote,transfer, assign, retain
employees; relieve employees from duty because of lack of work or funds or under
conditions where continuation of such work would be inefficient and non-productive;
maintain the efficiency of government operations; determine the methods, means, job
classifications, and personnel by which government operations are conducted; take
whatever actions may be necessary to carry out the missions of the Employer in situations
of emergency; and establish the methods and processes by which work is performed.
ARTICLE 8: RULES AND REGULATIONS
The Union agrees that its members shall comply in full with Fire Department rules and regulations,
including those relating to conduct and work performance. The Employer agrees that Department
rules and regulations shall be subject to the grievance and arbitration procedure.
ARTICLE 9: OVERTIME AND COMPENSATORY TIME
A. Shift firefighters will be paid on a salary basis, with the pay rate for overtime purposes
calculated as follows:
A. Effective July 1, 2018
Addendum A
Pay Rate X 12
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2,653 hours per year
B. Effective July 1, 2019
Addendum A
Pay Rate X 12 Hourly Rate X 1.5 Overtime Rate
2,547 hours per
year
Shift Firefighters will be scheduled to work schedules which are compliant with Section 207(k) of
the Fair Labor Standards Act. In no case will the work period exceed 28 consecutive days or 212
hours of fire protection work. The work period will be established annually and will remain
fixed; any change in a work schedule must receive prior approval from the Fire Chief, Human
Resources and Payroll. The Employer will grant non-exempt combat firefighters compensatory
time to a maximum of 225 hours at the end of any pay period, or pay overtime at the rate of time
and a half for each hour worked when qualifying work hours exceed the maximum hours allowed
under the 207(k)work schedule at the time of the work being performed. Employees shall be
permitted to use compensatory time within a reasonable period after making the request if such use
does not unduly disrupt the operation of the division. Management will not be obligated to
consider a request unless it is submitted seven days prior to the day off being requested.
B. Emergency Callback
a. The employee shall receive a minimum payment of three (3) hours, at time and a
half,when:
1. The employee is called into duty on his day off or outside his/her regularly
scheduled shift.
2. The employee is called into work on a duty day,not immediately before or
after the regularly scheduled shift.
b. If the call back exceeds three hours, the employee will be compensated for every
hour worked. (Examples: a call back is 4 hours. The employee will receive 4 hours'
pay at time and a half. If a call back is 1 hour, the employee will receive 3 hours'
pay at time and a half.)
C. The employee shall be compensated as per Article 9 for all scheduled
non-emergency meetings and trainings outside of his/her regularly scheduled shift.
C. Effective July 1, 2018: Shift Firefighters will be scheduled to work a total of 2,653 hours per
year.
D. Effective July 1, 2019: The Employer will increase shift firefighter staffing by 3.0 full-time
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equivalent positions. Shift Firefighters will be scheduled to work a total of 2,547 hours per
year.
It is understood that the City will utilize existing hiring practices to recruit and select new
firefighter positions so that they are on-staff July 1, 2019.
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ARTICLE 10: ALTERNATIVE WORK SCHEDULE
The employer may establish an alternative work schedule for certain positions. When recruiting
for positions which require an alternative work schedule,the notice of vacancy will state that the
position requires an alternative work schedule. If an employee accepts such a position,that
employee must agree to the alternative work schedules as a condition of continued employment.
(In those areas where alternative work schedules are required, current practices will continue in
effect.)
ARTICLE 11: PAY FOR TEMPORARY SERVICE AS ACTING ENGINEER, CAPTAIN, OR
BATTALION CHIEF
A. A Firefighter working in the capacity of an Engineer shall receive a temporary upgrade in
base pay equal to that of an Engineer (as established in Addendum A) for hours worked as
an acting Engineer.
B. A Firefighter or Engineer working in the capacity of a Captain shall receive a temporary
upgrade in base pay equal to that of a Captain (as established in Addendum A) for hours
worked as an acting Captain.
C. Acting Battalion Chief Program:
(a) When a Battalion Chief is absent for an entire 24-hour shift,the Fire Chief shall appoint
a qualified Captain to serve as an Acting Battalion Chief. Effective July 1, 2020,when a
Battalion Chief is absent for any portion of a shift,the Fire Chief shall appoint a
qualified Captain to serve as Acting Battalion Chief,
(b) The Captain serving as the Acting Battalion Chief will remain in the bargaining unit;
(c) The Acting Battalion Chief will be responsible for incident command, staffing issues
and coordination of assignments during the shift;
(d) The Acting Battalion Chief will not have the supervisory or confidential labor relations
authority granted to Battalion Chiefs;
(e) The Acting Battalion Chief pay rate shall be set at 15% above Captain base pay for
hours worked as Acting Battalion Chief.
ARTICLE 12: HOLIDAY PAY
Each employee who is scheduled from 7:00 a.m. to midnight on any of the below-scheduled
holidays shall be compensated for hours worked (up to 17 hours) at the rate of one and one-half
times their regular rate of pay(balance of hours worked at regular rate of pay). (Only one shift will
receive holiday pay.)
Effective January 1992,members of the Union no longer receive the holiday compensation check
previously paid by separate check on November 30. In exchange for the November 30, 1992,
holiday check and all subsequent November holiday checks, the Employer agrees to increase the
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base pay matrix of the Union by 4 percent,beginning with the January 1992 pay period. The Union
agrees to this change, subject to the condition that anytime the salaries of this group are compared
with other employee groups, the entire wage package (including but not limited to holiday pay,
differential pay, etc.) of the group(s) in the comparison be considered.
Compensated holidays are:
1. New Year's Day 7. Labor Day
2. Martin Luther King Day 8. Veteran's Day
3. President's Day 9. Thanksgiving Day
4. Easter 10. Day after Thanksgiving
5. Memorial Day 11. Christmas
6. Independence Day 12. General Election Day
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ARTICLE 13: HEALTH AND MEDICAL INSURANCE
A.
Effective July 1, 2018 (June deduction),the Employer will contribute:
Coverage Employer Contribution
Employee $683
Employee & Spouse $935
Employee & Children $875
Employee & Family $1,222
For full time Local Union Members for health/dental/vision/prescription insurance
and other cafeteria plan options.
The Employer may require Local Union Members to pay additional contributions
to cover dependents, spouses and/or domestic partners. Costs of these additional
coverages will be paid by the Association Member through payroll deduction.
During open enrollment each year, Local Union Members may select their
insurance coverage by choosing from among the plans offered by the Employer.
Subsequent years' coverage levels and employee contributions will be determined
by a vote of the employee health insurance committee, and subject to employee
vote and union ratification.
B. Program to Augment Retirement Benefit.
Recognizing the previous intent of employees and the Employer, to allow employees
to participate in an I.R.C. § 125 plan whereby employees can contribute toward the
purchase of health/dental/vision/prescription insurance on a pre-tax basis, and seeking
to clarify the employees options under such plan,Article 13 of the collective bargaining
agreement is hereby retroactively amended to July 1, 1996 as follows:
Effective July 1, 1996, the Employer's contribution toward
employee's healtb/dental/vision insurance will be added to the employee's gross pay.
This portion of the employee's gross pay is hereinafter referred to as the
"Contribution." As part of this collective bargaining agreement, employees are
required to participate in the Employer's health/dental/vision/prescription insurance
plan on either a pre-tax or post-tax basis. If an employee elects to participate on a pre-
tax basis,the employee shall authorize a payroll deduction from the employee's gross
pay equal to the Contribution toward employee's health/dental/vision/prescription
insurance. This deduction from the employee's gross pay will be paid into a fund
maintained to provide health/dental/vision/prescription insurance benefits for
employees.
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If an employee elects to participate on a post-tax basis,the Contribution shall be taxable
income to the employee and the employee shall authorize the payment of the
Contribution value, after its deemed receipt, toward the employee's
health/dental/vision/prescription insurance.
Including the Employer's Contribution toward employee's
health/dental/vision/prescription insurance in the employee's gross pay serves the
purpose of augmenting the employee's eventual retirement benefit. It is hereby
acknowledged that both employee and employer retirement contributions will be
required on this additional gross income--causing a decrease to the net income of the
employee. It is also the intent of the employees and the Employer that the Contribution
be excluded from the determination of the employee's "regular rate" of compensation as
that phrase is defined under 29 U.S.C. § 207(e)(4). In the event that any subsequent law,
court, arbitrator, or other lawful authority determines that the inclusion of the
Employer's health/dental/vision/prescription insurance contribution in the employee's
gross pay should be included in overtime compensation calculations, then the parties
agree that there will be a corresponding adjustment to the affected hourly rate of pay to
carry out the intent of this provision. The intent of such adjustment will be to result in
the least net financial effect on both the employee and the employer.
Notwithstanding the above, regardless of the Employer's historic practice of
contributing the Employer's entire payment for an employee's
health/dental/vision/prescription insurance toward the employee's gross pay for
purposes of calculating income for retirement purposes (i.e. the Contribution)
Effective July 1, 2014 said allocation of health/dental/vision/prescription insurance
payments by the Employer to an employee's gross pay for purposes of calculating
income for retirement purposes shall be $580.00 per month.
It is the intent of the Employer and the Association that this Program to Augment
Retirement Benefits continue to be allowed by the FURS.
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ARTICLE 14: SHIFT CHANGES
Employees shall have the right to exchange shifts when the change does not interfere with the best
interests of the Fire Department and with the approval of the Shift Officer.
When there is a substitution of work schedules voluntarily undertaken and agreed to solely by the
employees and approved by the employer, the hours worked by the substituting employee will be
excluded from any overtime calculations. All trades shall be consistent with the responsibilities of
both employees involved and shall comply with the Bozeman Fire Department Shift Trades Policy
and Procedures.
When employees voluntarily provide early relief from other shifts/employees, the time spent
providing the relief will be excluded from overtime calculations.
ARTICLE 15: SICK,VACATION,AND BEREAVEMENT LEAVE
A. Sick leave:
Sick leave shall be accrued and expended according to State Law.
(a) Effective on July 1 2018 and consistent with MCA 2-18-612, employees shall earn annual
sick leave at the following rates: Employee Earns 10.169 hours per month
(b) Effective on July 1 2019 and consistent with MCA 2-18-612, employees shall earn annual
sick leave at the following rates: Employee Earns 9.764 hours per month
1) Shift firefighters, and shift firefighters who are currently working as
uniformed day personnel will earn and use sick leave on an hour-for-hour
basis.For example,a shift firefighter who is absent from work due to illness
for a full 24-hour shift will use 24 hours of sick leave. The 90 day
qualifying period required under Montana Code applies.
B. Annual Vacation Leave
Effective on July 1,2018 and consistent with MCA 2-18-612, shift firefighter
employees shall earn annual vacation leave at the following rates:
Years of Service Employee Earns
0-9 12.822 hours per month
10-14 15.255 hours per month
15-19 17.908 hours per month
20 and on 20.339 hours per month
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Effective on July 1, 2019 and consistent with MCA 2-18-612, shift firefighter
employees shall earn annual vacation leave at the following rates:
Years of Service Employee Earns
0-9 12.310 hours per month
10-14 14.645 hours per month
15-19 17.192 hours per month
20 and on 19.527 hours per month
All bargaining unit members can also earn "accelerated leave" for prior Montana government,
or certain kinds of military, service. It is the employee's responsibility to request this accelerated
leave. Please refer to the Employee Handbook for more information
1. Leave Accounts: All vacation leave will be maintained in one leave account.
2. Leave Usage: Effective July 1, 2006:
Shift Firefighters will use annual vacation leave on an hour-for-hour basis.
For example, a shift firefighter who is absent from work for a 24-hour shift for vacation-
related reasons will use 24 hours of annual leave. The six (6) month qualifying period
required under Montana Code applies.
3. Excess vacation leave will be administered in compliance with State law and the
Employee Handbook.
C. Bereavement Leave: Bereavement leave shall be granted as per
present Employer policy.
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ARTICLE 16: VACANCIES AND PROMOTIONS
When a vacancy occurs in the position of Engineer or above,it shall be filled within 60 regular business
days upon completion of the official severance of the departing member from the Fire Department.
This time period may be modified on each occasion by mutual agreement of the parties.
Defined below is the minimum number of years that a candidate must have completed with the
Bozeman Fire Department in order to move to the next step. Qualified means meeting the minimum
years,training and successfully completing the promotional process defined by departmental policy.
Title Years Completed with BFD
Captain 9 years, effective 7/1/20: 6 years
Acting Captain 7 years, effective 7/1/20: 5 years
Engineer 6 years, effective 7/1/20: 4 years
Firefighter 1st Class 4 years
4th Year Firefighter 3 years
3rd Year Firefighter 2 years
2nd year Firefighter 1 year
Training Officer Determined by Fire Chief
Staff Captain Determined by Fire Chief
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ARTICLE 17: GRIEVANCE &ARBITRATION PROCEDURES
A grievance is defined as a dispute, or difference in interpretation between an employee or the
Union and the Employer involving wages, hours, and all conditions of employment which are
expressly provided by this contract.
The Union shall certify in writing to the Employer the names of all employees or others authorized
to represent the Union in this procedure. For the purpose of this article, persons are authorized to
represent the grievance during regular working hours without loss of regular pay providing the
Employer does not incur the cost of any overtime as a result of representation.
Departure from the established procedure, unless mutually waived by both parties, by the Union
shall automatically nullify any further recourse through this procedure for the grievance.
Departure from the established procedure, unless mutually waived by both parties, by the
Employer shall automatically place the grievance into the next step.
For the purpose of this article a business day is defined as all calendar days except Saturdays,
Sundays, and holidays. Presentations of grievances must, at each step of the following process,
include the following information:
a. Name of employee(s) grieving;
b. The names of all individuals authorized to represent the Union on this issue;
c. Dates of the action(s) being grieved;
d. Statement of grievance;
e. Contract Provision Violated;
f. Specific Remedy or Corrective Action requested.
Procedure:
A. Informal Dispute or Complaint Resolution
Step 1 Management Notification:
Any dispute involving the interpretation, application, or alleged violation of a specific provision
of this agreement shall be brought to the employee(s) immediate supervisor within fifteen (15)
business days of the day the incident occurred.
Step 2 Management Response:
No grievance may be filed until the immediate supervisor and the appropriate Management
representative has been given an opportunity to attempt resolution. The Management
representative, with input from the immediate supervisor, will respond in writing to the Step 1
notification within ten (10)business days.
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B. Grievance Resolution
Step 1 -Grievance:
In the event the employee(s) covered by this agreement chooses to file a grievance, they shall
submit the grievance to the Union Grievance Committee within five (5) business days from the
end of Section A, Step 2. Upon receipt of notification of a grievance, the Union Grievance
Committee shall immediately inform the Fire Chief that a potential grievance is being investigated.
Step 2-Union Investigation:
The Union Grievance Committee shall investigate the grievance and if it determines that a
grievance exists, it shall present the grievance to the Fire Chief within ten (10) business days of
receipt of the grievance.
In the event the Union Grievance Committee is unable to determine that a grievance exists, the
employee(s) shall have the opportunity to present the grievance to the members of the Union. The
grievance shall be presented at the next union meeting, or within a thirty(30) calendar day period,
whichever is earliest, unless an exception is granted by the Union Grievance Committee and the
Fire Chief.
If the Union determines that no grievance is warranted,this shall be considered the final obligation
of the Union, and the employee(s) is limited to seeking remedy outside of this agreement.
If the Union determines that, in their opinion, the grievance is valid, the Union Grievance
Committee shall, within fifteen (15) business days of the Union's determination, present the
grievance to the Fire Chief for resolution.
Step 3 -Fire Chief Response:
The Fire Chief shall issue a written response to the Union Grievance Committee within ten (10)
business days of receipt of the grievance.
Step 4- Grievance Presented to the City Manager:
If the grievance cannot be resolved at Step 3,the Union Grievance Committee shall,within ten
(10)business days of receipt of the Fire Chiefs response,present the grievance, in writing,to the
City Manager.
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Step 5 - City Manager Response:
The City Manager shall issue a written response to the Union Grievance Committee within ten
(10) business days of receipt of the grievance.
Step 6 -Arbitration:
Part 1:
If the grievance remains unresolved,the Union Grievance Committee shall, within five
(5) business days of the receipt of the City Manager's response, submit a written request for
arbitration to the City Manager.
Part 2:
Concurrently with Part 1, the Union Grievance Committee shall request the State of Montana
Board of Personnel Appeals provide a list of five (5) arbitrators. The parties shall select an
arbitrator by alternately striking from the list,with the parties flipping a coin to determine who
strikes the first name.
Part 3:
The arbitrator chosen shall be contacted immediately and asked to start proceedings at the
earliest possible date. During the arbitration proceedings, all evidence shall be presented to the
arbitrator. The arbitrator shall have no power to alter Bozeman Municipal Code, the terms of
this agreement, State or Federal law. The arbitrator's decision shall be within the scope of the
to lms of this agreement and the arbitrator will be requested to issue the decision within twenty
(20)business days after the conclusion of the proceedings, including filing of briefs, if any.
Part 4:
The decision of the arbitrator is binding upon the parties.
Part 5:
The cost of the arbitrator shall be borne solely by the losing party.
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ARTICLE 18: SUPPLEMENTAL AGREEMENT
By mutual agreement,the parties hereto may at any time negotiate additions or modifications to this
Agreement,which, after being mutually ratified, shall become a part of this Agreement as if contained
herein.
ARTICLE 19: TERM OF AGREEMENT
The terms and conditions herein set forth shall become effective on the 1st day of July,2018 and shall
remain in full force and effect through the 30th day of June 2022, and annually thereafter from 1 July
through 30 June,unless one of the parties hereto serves written notice of desire for modification upon
the other party hereto. Such notice shall be served not less than sixty days prior to expiration of this
Agreement.Negotiations shall commence within ten days of the request by either party for purpose of
collective bargaining, and shall continue in good faith until settlement is reached.
ARTICLE 20: STRIKE PROVISION
Upon consummation and during the term of this Agreement,no Firefighter shall strike or recognize
a picket line of any labor organization while in the performance of his/her official duties.
ARTICLE 21: SAVINGS CLAUSE
If any provision of this Agreement or the application of such provision should be rendered or
declared invalid by any court action 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 22: OFFICIAL DUTIES
Official duties as performed by a member of the Bozeman Firefighters shall be defined as outlined
in the City of Bozeman Job Descriptions.
ARTICLE 23: SALARIES & COMPENSATION
A. The Employer will pay a clothing allowance to each firefighter for clothing purchased by
him/her that is necessary for the performance of his/her duties. The salary schedule listed
on Addendum A has been increased to reflect this clothing allowance.
B. All time in service requirements used for calculating longevity pay, firefighter step
increases, promotion requirements, and seniority shall be calculated from the first day of
full-time employment with the City of Bozeman Fire Department.
C. Swim Center passes are available for each fiscal year at a cost of:
$10 per person
$45 for the employee and family living in the same household
The Swim Center pass will be honored at Bogert Pool during open swimming hours.
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In Witness Whereof,
The parties hereto have set their hands this 29"' day of June, 2018.
FOR: CITY OF BOZEMAN FOR: IAFF Local 613 BOZEMAN
FIREFIGHTERS'
City�ahag4Andrea rratt Union President—Trav' Barton
4
Attest: City C erk—Ro h■ ■ nion Secretary: Dillon Smith
U
1883 ,• , .
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ADDENDUM A
PAY RATES FOR FISCAL YEARS 2019-2022
A. Monthly salary rates effective July 1, 2018, July 1, 2019, July 1, 20120, and July
1, 2022. Full time employees will be paid on a monthly basis. Wages paid will be
carried out to four (4) decimal places.
Monthly Salary
FY19 FY20 FY21 FY22
Position 7/1/2018-6/30/2019 7/1/2019-6/30/2020 7/1/2020-6/30/2021 7/1/2021-6/30/2022
Captain $6,640.52 $6,640.52 $6,906.14 $7,320.50
Engineer $5,869.53 $5,869.53 $6,104.32 $6,409.53
Firefighter 1st Class $5,506.13 $5,506.13 $5,616.25 $5,728.58
4th Year Firefighter $5,209.25 $5,209.25 $5,209.25 $5,209.25
3rd Year Firefighter $5,088.28 $5,088.28 $5,088.28 $5,088.28
2nd Year Firefighter $4,957.71 $4,957.71 $4,957.71 $4,957.71
Probationary Firefighter
(months 7- 12) $4,686.96 $4,686.96 $4,686.96 $4,686.96
Probationary Firefighter $4,230.61 $4,230.61 $4,230.61 $4,230.61
Building/Life Safety $5,894.51 $6,071.35 $6,253.49 $6,441.10
Staff Captain $6,514.06 $6,709.48 $6,910.77 $7,118.09
Training Officer $6,514.06 $6,709.48 $6,910.77 $7,118.09
Note: The Employer agrees to pay$35 per month to each member of the bargaining
unit who is a certified Basic EMT. The above salary schedule has been increased to
compensate members for this certification.
(q This pay plan shall not apply to Uniformed Day Personnel vacancies filled via external recruitment.
Vacancies filled in this manner will be subject to the policies contained in the City's Employee
Handbook
B. Emergency Medical Certification Pay:
Monthly rate,paid as earned,to be added to
Certification firefighter's base pay:
EMT-Advanced $60.00 per month
EMT-Paramedic $150.00 per month
Note: The employee will only be paid for the one highest certification that s/he
holds and, at no time will celification pay exceed$150 per month.
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C. Longevity: Each duly confirmed member of the Bozeman Fire Department is entitled to
longevity pay in addition to their base pay at a rate determined by the schedule below per
month for each additional year of service. For the purposes of calculating retirement wages,
longevity pay will be included in the firefighter's base pay. Longevity amounts are not
capped.
Employees will receive additional longevity increments at the beginning of the pay period
in which their anniversary date occurs.
Years of Service Amount
Year 1 (Day 1 -365) $0
Year 2(starts on day 366) $26
($12molYOS)
Year 3 (day 731) $39
Year 4(day 1,096) $52
Start of Year 5 (day 1,461) $75
($15mo/YOS)
Year 6(day 1,826) $90
Year 7(day 2,191) $105
Year 8 (day 2,556) $120
Year 9 (day 2,921) $135
Start of Year 10(day3,286) $170
($17mo/YOS)
Year 11 (day 3,651) $187
Year 12(day 4,016) $204
Year 13 (day 4,381) $221
Year 14(day 4,746) $238
Year 15 (day 5,111) $255
Year 16 (day 5,476) $272
Year 17 (day 5,841) $289
Year 18 (day 6,206) $306
Year 19(day 6,571) $323
Year 20(day 6,936) $340
Year 21 (day 7,301) $357
Year 22(day 7,666) $374
Year 23 (day 8,031) $391
Year 24(day 8,396) $408
Year 25 (day 8,761) $425
Year 26(day 9,126) $442
Year 27(day 9,491) $459
Year 28 (day 9,856) $476
Year 29 (day 10,221) $493
Year 30(day 10,586) $510
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B. Hazardous Materials Technician Pav- Beginning on July 1, 2008, those employees who meet
the minimum requirements of the Hazmat program will receive $50 per month. There is a limited
number of Hazmat Tech positions allowed, the number of which will be at the sole discretion of
the Fire Chief. These appointments shall be made, and can be revoked, at the sole discretion of
the Fire Chief.
C. EMS Coordinator Pay-Beginning on July 1, 2008,any employee appointed as the Department's
EMS Coordinator will receive EMS Coordinator Incentive Pay of 1.75% of the monthly salary
shown in the Monthly Salary Table above. There is a maximum of one EMS Coordinator
assignment and the appointment shall be made, and can be revoked, at the sole discretion of the
Fire Chief.
D. Hazardous Materials Coordinator Pay—Beginning on July 1, 2012, any employee appointed
as the Department's Hazardous Materials Coordinator will receive an additional Incentive Pay of
1.75% of the monthly salary shown in the Monthly Salary Table above. There is a maximum of
on Hazardous Materials Coordinator assignment and the appointment shall be made, and can be
revoked, at the sole discretion of the Fire Chief.
H. Medical Expense Reimbursement Plan (MERP) Beginning July 1,2012,with each monthly
payroll, the Employer shall make monthly contributions on a pre-tax basis for each employee to
the Washington State Council of Fire Fighters (WSCFF) Employee Benefit Trust Beginning July
1, 2014,the monthly contribution will be $100 per IAFF Local 613 member.
1. These contributions are made in addition to the salaries listed in Article 23.
2. This Trust shall remain separate and apart from any Employer retiree health insurance funding
program unless changed by mutual agreement of the parties to the agreement.
2. The Employer shall be obligated to payment of contributions in the amount provided above by
the twentieth(20) of every month for that month's contributions.
4. The Internal Revenue Service codes require all eligible employees to participate; there is no
individual election to continue contributions. The Union and the employees agree to hold the
employer harmless and indemnify the employer from any and all liability,claims,demands,law
suits, and/or losses, damage or injury to persons or property, of whatsoever kind, arising :from
and in any way related to the implementation and administration of the MERP. The Union and
the employees shall be one hundred percent (100%) liable for any and all liabilities that arise
out of the MERP. The Union and employees shall be liable for any and all tax penalties, as well
as any other liabilities arising out of the implementation and administration of the MERP.Under
no circumstances whatsoever will the employer be liable for direct pay of any MERP benefit to
the employees and/or retired employees and/or their beneficiaries.
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I. Previous Fire Service Experience: The Union and Employer agree that it is in their mutual
best interest to attract experienced and qualified applicants to openings within the Bozeman
Fire Department. In order to meet this goal, Previous Experience will be accepted with the
following conditions:
1. At the time of hire, applicants must have a valid a CPAT certification obtained within
the last year.
2. Previous Fire Service Experience that may be recognized under this program is
service as a career firefighter in a municipal fire system, or other fire and emergency
medical service and training deemed appropriate by the Employer.
3. Applicants must meet all other established pre-employment minimum requirements
as well as successfully complete all testing, screening and background processes.
4. This program will place a new-hire in any of the pay rates between Probationary
Firefighter (1-6 months) and 4ch Year Firefighter, at the sole discretion of the
Employer.
5. A Union Member hired under this program and started at an accelerated pay rate will
move through the ranks of Probationary, 2nd Year, 3rd Year, 4th Year, and Firefighter
1"Class according to regular department processes. The accelerated pay does not
affect the member's rank.
6. This program is meant to establish salary only. It does not apply to any other
additional pay, benefit,rank, or seniority based program. Seniority for the purposes
of this agreement will be based on date of hire.
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ADDENDUM B
CITY OF BOZEMAN,MONTANA
SUPPLEMENTAL RETIREMENT PROGRAM
PURPOSE OF THE PROGRAM
1. To reduce the amount of sick leave taken by employees.
2. To reward employees for staying healthy.
3. To discourage abuse of sick leave.
4. To provide for a supplement of employee's retirement.
PROGRAM DESCRIPTION
1. Employees are allowed to move portions of their sick leave balance from sick leave to one of
the Employer's qualified deferred compensation plans. Sick leave hours converted to a deferred
compensation plan will be paid at 75 percent of the employee's hourly rate at the time the hours
are converted. This will occur during the month of September of each year and cover hours as
of June 30 of that year. Employees will not be able to take the hours in the form of cash for
current uses.Employees'remaining sick leave balances will continue to be paid at 25 percent of
the employee's hourly rate at retirement or termination.
2. Sick leave hours eligible to move to a deferred compensation account are subject to the
following restrictions:
A. Employees may not move sick leave hours if they do not have a minimum of two years'
sick leave accrual on the books nor will they be able to move any sick leave hours which cause
their sick leave balance to fall below the two year accrual amount.
B. The amount of sick leave eligible to move to a supplemental retirement account will be
determined on an annual basis as of June 30 of each year.
C. The amount of sick leave eligible to move to a supplemental retirement account equals:
For determinations made on June 30,2019, on an annual basis 70 hours of sick leave
may be moved to a supplemental retirement account.
For determinations made on June 30, 2020, on an annual basis 67 hours of sick leave
may be moved to a supplemental retirement account.
3. The annual election to convert sick leave hours into deferred compensation under this program
is irrevocable. Once sick leave hours are conveI ied,they cannot be "purchased back"for use as
leave at a future point in time.
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Employees with existing supplemental retirement bank hours must make an election in September 2008
to either: 1) convert those hours into a qualified deferred compensation plan, or 2)to return them to their
existing sick-leave balance. Conversions to a deferred compensation plan will be done at 75 percent of
the employees current hourly rate and conversions to an existing sick-leave balance will be done hour-
for-hour. If an employee election under this part results in the employee exceeding the IRS annual
maximum for contributions to a deferred compensation plan, the employee will be allowed the
additional years necessary to complete the conversion.
4. Calculations of the sick leave pay rate for the purpose of eliminating supplemental
retirement banks shall be equal to:
Addendum A Pay Rate x 12
2080 hours per year.
Calculations for all other annual conversions under this section shall be equal to:
Effective July 1, 2018
Addendum A Pay Rate x 12
2653 hours per year
Effective July 1, 2019
Addendum A Pay Rate x 12
2547 hours per year
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