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HomeMy WebLinkAbout04- IAFF Local 613 Firefighters', 2005-2006 , COLLECTIVE BARGAINING AGREEMENT between CITY OF BOZEMAN and IAFF LOCAL 613 BOZEMAN FIREFIGHTERS' FY 2005 - FY 2006 July 1, 2004 through June 30, 2006 t · CONTENTS Begins on Paqe ARTICLE 1: RECOGNITION ........................................ 1. ARTICLE 2: PROVISIONS SUBJECT TO RESTRAINT ....................... 1. ARTICLE 3: SPECIFIC TERMS AND CONDITIONS OF EMPLOYMENT FOR UNIFORMED DAY PERSONNEL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1. ARTICLE 4: PAYROLL DEDUCTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1. ARTICLE 5: DISCRIMINATION ...................................... 2. ARTICLE 6: UNION BUSINESS ...................................... 2. ARTICLE 7: PREVAILING RIGHTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2. ARTICLE 8: RULES AND REGULATIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2. ARTICLE 9: OVERTIME AND COMPENSATORY TIME. . . . . . . . . . . . . . . . . . . . . .. 3. ARTICLE 10: ALTERNATIVE WORK SCHEDULE ........................... 3. ARTICLE 11: PAY FOR TEMPORARY SERVICE AS SHIFT OFFICER/CAPTAIN. . . . . .. 3. ARTICLE 12: HOLIDAY PAY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3. ARTICLE 13: HEALTH AND MEDICAL INSURANCE. . . . . . . . . . . . . . . . . . . . . . . .. 4. ARTICLE 14: SHIFT CHANGES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5. ARTICLE 15: SICK LEAVE .......................................... 5. ARTICLE 16: VACANCIES AND PROMOTIONS. . . . . . . . . . . . . . . . . . . . . . . . . . .. 5. ARTICLE 17: GRIEVANCE PROCEDURE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6. ARTICLE 18: SUPPLEMENTAL AGREEMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9. ARTICLE 19: TERM OF AGREEMENT .................................. 9. ARTICLE 20: STRIKE PROVISION .................................... 9. ARTICLE 21: SAVINGS CLAUSE .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9. ARTICLE 22: OFFICIAL DUTIES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9. ARTICLE 23: SALARIES & COMPENSATION . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9. ADDENDUM A: FIREFIGHTER PAY RATES. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11. ADDENDUM B: SUPPLEMENTAL RETIREMENT PROGRAM. . . . . . . . . . . . . . . . . .. 13. I AGREEMENT This Agreement, made and entered into this _ day of , 2004, 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 combat firefighters and uniformed day personnel of the Bozeman Fire Department, except the Assistant Director of Public Safety/Fire Operations & EMS Services, and the Assistant Director of Public Safety/Inspections. 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 PERSONAL All uniformed Day Personnel shall be subject to 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 are subject to and governed by provisions of that handbook. 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 Secretary of the Union. This authorization shall remain in force during the term of this Agreement. 1. ARTICLE 5: DISCRIMINATION Neither the Union nor the Employer shall discriminate against its employees or applicants for employment on the basis of color, race, creed, sex, age, religion, martial status, national origin, political ideas, disability, or Union affiliation. 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 City 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. It shall be the responsibility of the Employer to provide for their replacement on shift during such absence up to four functions in a fiscal year as shall be mutually agreed upon by the Employer and the Union. 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, layoff, 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 City 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. 2. ARTICLE 9: OVERTIME AND COMPENSATORY TIME The City will grant non-exempt fire division personnel compensatory time to a maximum of 225 hours at the end of any pay period, or pay overtime at the rate of 11/2 hour for each hour when qualifying work hours exceeds 144 hours per 21-day work period. 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. 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 SHIFT OFFICER/CAPTAIN A. A Firefighter 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. B. When a Captain is assigned by the Assistant Director/Fire Operations & EMS Services to be "on call" as the Command Officer, compensation will be 2 hours in every 12 hour period or major portion thereof. 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 City agrees to increase the 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. 3. -----..- Compensated holidays are: 1. New Year's Day 7. Labor Day 2. Martin Luther King Day 8. Veteran's Day 3. President's Day (Lincoln's/Washington's Birthday) 9. Thanksgiving Day 4. Easter 10. Day after Thanksgiving 5. Memorial Day 11. Christmas 6. Independence Day 12. General Election Day ARTICLE 13: HEALTH AND MEDICAL INSURANCE A. The rates below for each fiscal year are the average health/dental/vision insurance premium amounts the City will contribute toward employees' medical insurance. July I, 2004 - June 30, 2005 July I, 2005 - June 30, 2006 The City is desirous of providing all The City of Bozeman will contribute $625 per employees a basic level of health month toward employee's insurance coverage at no cost to the health/dental/vision insurance for coverage employee. The City will pay insurance commencing July 1, 2004 (June deduction) premium increases in each year of the through June 30, 2005. Employees wishing to contract, up to the U.s. Consumer Price cover their spouse will contribute $100 per Index for all Urban Consumers for All month for this coverage. Employees wishing Items - (Source: U.s. Department of to cover their children will contribute $50 per Labor, Bureau of Labor Statistics) of the month, regardless of the number of children. previous year. If the City is unable to Coverage will remain unchanged, but will be accommodate the premium increase, reviewed by the insurance committee. the City may adjust the insurance Subsequent years' contributions will be deductible to mitigate the premium determined through the health insurance increase, in an effort to provide an committee, subject to employees' vote and option that is of no cost to the bargaininq unit ratification. employee. B. Effective July 1,1996, the City's contribution toward employee's health/dental/vision insurance will be added to the employee's gross pay. As part of this collective bargaining agreement, employees are required to authorize a payroll deduction from the employee's gross pay equal to the City's contribution toward employee's health/dental/vision insurance. This deduction from the employee's gross pay will be paid into a fund maintained to provide health/dental/vision insurance benefits for employees. The purpose of including the City's contribution toward employee's health/dental/vision insurance in the employee's gross pay is solely for the purpose of augmenting the employee's eventual retirement benefit. The purpose of including the City's health/dental/vision contribution in the employee's gross pay is not to result in additional net income to the employee. It is hereby acknowledged that both employee and employer retirement contributions will be required on this 4, additional gross income--causing a decrease to the net income of the employee. It is also acknowledged that the inclusion of the City's health/dental/vision insurance contribution in the employee's gross pay does not by its nature affect overtime compensation, future pay increases, or other similar benefits. In the event that any subsequent law, court, arbitrator, or other lawful authority determines that the inclusion of the City's health/dental/vision insurance contribution in the employee's gross pay affects overtime compensation, then the parties agree that there will be a corresponding adjustment to the affected hourly rate, pay, or benefit, 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. 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 LEAVE Sick leave shall be accrued and expended according to State Law. Sick leave may be converted to supplemental retirement or deferred compensation in accordance with Addendum "B". Sick Leave Coupon: No later than July 15th of each year, the City will provide each combat firefighter who works a 24-hour shift one (1) "Sick Leave Coupon". This Coupon is valued at one, 20-hour shift and is to be used for sick leave-related purposes only. Sick Leave Coupons may may be accumulated from year to year, and may be transferred to other combat firefighters who work a 24-hour shift. These Sick Leave Coupons hold no payout value at termination. Bereavement leave shall be granted as per present City policy. ARTICLE 16: VACANCIES AND PROMOTIONS When a vacancy occurs in any position, it shall be filled within 45 regular business days upon completion of the official severance of the departing member from the Fire 5. Department. This time period may be modified on each occasion by mutual agreement of the parties. 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. Union representatives from the local or international level may be called in to assist at any step during the grievance. Departure from the established procedure, unless mutually waived by both parties, by the Union or any person represented 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. Dates of the action(s); c. Statement of Grievance; d. Contract Provision Violated; e. Specific Remedy or Corrective Action requested. Procedure: Step 1 - Immediate Supervisor's 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 - Immediate Supervisor's Response: 6. No formal grievance may be filed until the immediate supervisor has been given an opportunity to attempt resolution. The immediate supervisor has ten (10) business days to respond to a Step 1 notification. Step 3 - Formal Grievance: In the event the employee(s) covered by this agreement chooses to file a formal grievance they shall notify either the Assistant Director of Public Safety, Fire and EMS Operations, or the Assistant Director of Public Safety, Inspections, and the Union Grievance Committee within five (5) business days from the end of Step 2. Step 4 - Union Investigation: A. The Union Grievance Committee shall investigate the grievance and if it determines that a grievance exists, it shall present the grievance to either the Assistant Director of Public Safety/Fire and EMS Operations, or the Assistant Director of Public Safety/Inspections, within ten (10) business days of receipt of the grievance, B. 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 30 calendar day period, whichever is earliest, unless an exception is granted by the union grievance committee and the appropriate Assistant Director. 1. 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. 2. If the Union determines that, in their opinion, the grievance is valid, the Union Grievance Committee shall, within 15 business days of the Union's determination, present the grievance to either the Assistant Director of Public Safety/Fire and EMS Operations, or the Assistant Director of Public Safety/Inspections for resolution. Step 5 - Assistant Director of Public Safety, Fire and EMS Operations, Assistant Director of Public Safety, Inspections Response: Either the Assistant Director of Public Safety, Fire and EMS Operations, or the Assistant Director of Public Safety, Inspections will respond to the employee(s) and report any adjustments in writing to the employee(s) and the Union Grievance Committee within ten (10) business days of receipt of the grievance from the Union Grievance Committee. Step 6 - Grievance Presented to the Director of Public Safety 7. . If the grievance cannot be resolved at Step 5, the Committee shall, within 10 business days of receipt of the Assistant Director's response, present the grievance, in written form, to the Director of Public Safety. Step 7- Director of Public Safety's Response The Director of Public Safety has ten (10) business days to respond to a Step 6 grievance presentation. Step 8 - Arbitration: Part 1: If the grievance remains unresolved the Union Grievance Committee shall, within five (5) business days of the receipt of the Director of Public Safety's response, request arbitration. The request must be in writing and be presented to the City Manager. Part 2: At the same time the request for arbitration is submitted to the City Manager the Union Grievance Committee will request the State of Montana Board of Personnel Appeals, to 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. The last name left on the list shall be the arbitrator. 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 terms 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. 8. --------- . 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, 2004 and shall remain in full force and effect through the 30th day of June 2006, 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 Class Specifications. ARTICLE 23: SALARIES & COMPENSATION A. The City 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. S. 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 permanent full-time employment with the City of Bozeman Fire Department. 9. -----..--- 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. IN WITNESS WHEREOF, the parties hereto have set their hands this J:?'f:A, day of ~ JI.( Iv 2004. / FOR: cm OF BOZEMAN FOR: IAFF Local 613 BOZEMAN FIREFIGHTERS' .?~ ~IJ~. City Manager ~ Union Pfesident ~~Z~ / J( . ,., o <) .. '.' .' c . . ......... . I / ~~ ,.tl/-tl..,"\. ",/ Commission Clerk Union Secretary ( 10. . . ADDENDUM A FIREFIGHTER PAY RATES FOR FISCAL YEARS 2005 and 2006 A. Monthly salary rates effective July 1, 2004 and July 1, 2005. MONTHLY SALARY POSITION FY 2005 FY 2006 Captain $3,932 $4,070 Firefighter First Class $3,440 $3,561 4th year Firefighter $3,255 $3,369 3rd year Firefighter $3,180 $3,291 2nd year Firefighter $3,098 $3,206 Probationary Firefighter (Months 7-12) $2,929 $3,031 Probationary Firefighter (Months 1-6) $2,644 $2,736 Building/Life Safety Specialist $3,614 $4,070 Staff Captain $3,932 $4,070 Training Officer $4,324 $4,476 Note: The City 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. B. Emergency Medical Certification Pay: Monthly rate, paid as earned, to be added to Certification firefighter's base pay: EMT - Intermediate $50.00 per month EMT- Paramedic $100.00 per month Note: The employee will only be paid for the one highest certification that s/he holds and, at no time will certification pay exceed $100 per month. 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 firefighters base pay. 11. ~ "' . 2-4 years of service 5-9 years of service 10-20 years of service 21+ years of Service $lO/mo/YOS $12/mo/YOS $14/mo/YOS $280 Cap, Employees will receive additional longevity increments on their anniversary date. The anniversary date for employees who are not in probationary status as of July 1, 1994 will be July 1st of each year. The anniversary date for employees who are in probationary status as of July 1, 1994 and employees hired after July 1, 1994 will be the anniversary of their date of hire. 12. - .., . 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 a supplemental retirement account. The supplemental retirement account will operate in essentially the same manner as vacation leave, sick leave and compensatory time, in that it is simply an accumulation of hours. The supplemental retirement account hours will be paid at 75 percent of the employee's hourly rate at retirement or termination. Employees will also have the option of converting the supplemental retirement hours to cash (at the current hourly rate) and placing the cash in the City's deferred compensation program. Employees are allowed to convert all or portions of their supplemental retirement account to the City's deferred compensation program once a year (at 75 percent of the current hourly rate). 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' 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 supplemental retirement 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 (192 hours) on the books nor will they be able to move any sick leave hours which cause their sick leave balance to fall below 192 hours. 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: 13. ---- - -- ---------------- ~ On an annual basis 72 hours of sick leave may be moved to a supplemental retirement account so long as the employee complies with section 2.A. of ADDENDUM B. 3. If employees move hours to the supplemental retirement account and do not elect to convert the hours to the deferred compensation program, the supplemental retirement account hours may only be used for sick leave and may only be used if the employee's sick leave and annual leave have been entirely exhausted. If an employee has transferred his/her supplemental retirement to the deferred compensation program, the employee's access to the funds is governed by the deferred compensation program rules. 14.