HomeMy WebLinkAbout08- Collective Bargaining Agreement between City of Bozeman and IAFF Local 613 Bozeman Firefighters'COLLECTIVE
BARGAINING
AGREEMENT
between
CITY OF BOZEMAN
and
IAFF LOCAL 613
BOZEMAN FIREFIGHTERS'
FY 2009 - FY 2012
]uly 1, 2008 through ]une 30, 2012
CONTENTS
Begins
onon Paae
ARTICLE 1: RECOGNITION .....................................................................................1.
ARTICLE Z: PROVISIONS SUBJECT TO RESTRAINT ..................................................1.
ARTICLE 3: SPECIFIC TERMS AND CONDITIONS OF EMPLOYMENT FOR
UNIFORMED DAY PERSONNEL ..............................................................1.
ARTICLE 4: PAYROLL DEDUCTIONS ........................................................................ Z.
ARTICLE 5: DISCRIMINATION ................................................................................ Z.
ARTICLE 6: UNION BUSINESS ................................................................................ Z.
ARTICLE 7: PREVAILING RIGHTS ............................................................................ Z.
ARTICLE 8: RULES AND REGULATIONS ................................................................... 3.
ARTICLE 9: OVERTIME AND COMPENSATORY TIME, ............................................... 3.
ARTICLE 10: ALTERNATIVE WORK SCHEDULE .......................................................... 4.
ARTICLE 11: PAY FOR TEMPORARY SERVICE AS SHIFT OFFICER/CAPTAIN ................5.
ARTICLE 1Z: HOLIDAY PAY .....................................................................................5.
ARTICLE 13; HEALTH AND MEDICAL INSURANCE .....................................................7.
ARTICLE 14: SHIFT CHANGES .................................................................................7.
ARTICLE 15: SICK, VACATION AND BEREAVEMENT LEAVE ........................................7.
ARTICLE 16: VACANCIES AND PROMOTIONS .......................................................... 10
ARTICLE 17: GRIEVANCE AND ARBITRATION PROCEDURES .................................... 11
ARTICLE 18: SUPPLEMENTAL AGREEMENT .............................................................. 13
ARTICLE 19: TERM OF AGREEMENT ........................................................................ 14
ARTICLE Z0; STRIKE PROVISION ............................................................................ 14
ARTICLE Z1: SAVINGS CLAUSE ............................................................................... 14
ARTICLE ZZ: OFFICIAL DUTIES .............................................................................. 14
ARTICLE 23: SALARIES & COMPENSATION ............................................................. 14
ADDENDUM A: FIREFIGHTER PAY RATES ................................................................ 16
ADDENDUM B; SUPPLEMENTAL RETIREMENT PROGRAM ......................................... 18
AGREEMENT
This Agreement, made and entered into this day of , 2008, 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 PERSONNEL
A. Through mutual agreement, the Fire Chief shall be allowed to temporarily assign
interested combat firefighters to perform the duties of uniformed day personnel.
The length of these assignments shall be a minimum of twelve (12) months.
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 suppression division;
2. The employee shall not be under any form of disciplinary action or
performance correction 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 1St 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
an shift.
C. Firefighters assigned to these temporary assignments are eligible to apply far
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 or 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.
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 farce during the term of this Agreement.
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 ar other recognized
exceptions under the law.
2
ARTICLE 6: UNION BUSINESS
Employees elected or appointed as Union officers or individuals appointed by the Unian 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 Unian in
the amount of two thousand dollars ($2,000) for the Union to use for the purpose of Unian
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 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.
ARTICLE 9: OVERTIME AND COMPENSATORY TIME
A. Combat firefighters will be paid on a salary basis, with the pay rate for overtime
purposes calculated as follows:
Addendum A
Pay Rate X 12 = Hourly Rate X 1.5 = Overtime Rate
2756 hours per year
B. Combat 1=irefighters 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
3
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
City will grant non-exempt combat firefighters compensatory time to a maximum of
22S 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.
C. 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 emplayee shall be compensated as per Article 9 far all scheduled non-
emergency meetings and trainings outside of his/her regularly scheduled
shift.
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.)
4
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.
When a Captain is assigned by the Deputy Chief to be "on call" as the Command
Officer, compensation will be 2 hours in every 12 hour period or major portion
thereof.
ARTICLE 1Z: 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. Tn 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.
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. Effective July 1, 2008, the City of Bozeman will contribute $729 per month to
each employee for health related benefits each year of the contract.
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.
Family coverage: Employees may choose to cover family members, and may
also choose to purchase a lower deductible and out of pocket maximum
5
coverage. Costs of these additional coverages will be paid by the employee
through payroll deduction.
B. Recognizing the previous intent of employees and the City, as reflected in Article 11
Sectian 2 of the prior collective bargaining agreement, to allow employees to
participate in an LR.C. § 12S plan whereby employees can contribute toward the
purchase of health/dental/vision insurance an apre-tax basis, and seeking to clarify
the employees options under such plan, Article 11 Sectian Z of the collective
bargaining agreement is hereby retroactively amended to July 1, 1996 as follows:
Effective July 1, 1996, the City's contribution toward employee's health/dental/vision
insurance will be added to the employee's gross pay. This partian 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 City's
health/dental/vision insurance plan on either apre-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 grass pay equal to the Contribution toward
employee's health/dental/vision insurance. This deduction from the employee's
grass pay will be paid into a fund maintained to provide health/dental/vision
insurance benefits for employees.
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 insurance.
Including the City's contribution toward employee's health/dental/vision 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 grass income--
causing adecrease to the net income of the employee. It is also the intent of the
employees and the City 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 City's health/dental/vision
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.
6
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 invalved 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:
1. Sick leave shall be accrued and expended according to State Law.
2. Sick Leave Coupan:
In July, 2004, each member assigned to a 24-hour shift received one "Sick
Leave Caupan". This coupon was valued at ane, 20-hour shift. In July,
2005, each member assigned to a 24-hour shift received one, 20-hour
shift sick leave coupon, and one 12-hour Sick Leave Coupon. Sick Leave
Coupons could be accumulated from year to year, and could be
transferred to other combat firefighters who work a 24-hour shift. These
Sick Leave Coupons held no payout value at termination.
Consistent with the increase in sick leave accruals (see paragraph A.1
above), effective on July 1, 2006 the City will no longer issue Sick Leave
Coupons. However, existing Coupons will continue be honored, as
follows;
a. The 20 hour coupon will be considered to cover a full (24-hour)
shift and must be used in a full shift increment for sick leave-
related purposes only;
b. The 12-Hour Shift Coupons will be held at face value and must be
used in a 12 hour increment for sick leave-related purposes.
3. Sick Leave Transition Plan:
a. Leave Accounts: On July 1, 2006, the Payroll Officer will maintain
7
two sick leave accounts for each member assigned to a 24 hour
shift as follows:
1) Account #1: Sick leave earned and/or used on or after July 1,
2006. Employees who start work on or after July 1, 2006 will
only have this Account available. The hours in this account will
accrue at the rate provided for in MCA 2-18-618(1), which is
currently .046 hours earned for each hour worked. These hours
may be converted to supplemental retirement or deferred
compensation in accordance with Addendum "B".
z) Account #2: The Employee's sick leave balance as of June 30,
2006. These hours may be converted to supplemental
retirement or deferred compensation in accordance with
Addendum "B". This Account must be exhausted prior to any
use of hours in Account #1.
b. Leave Usaae: Effective 7uly 1, 2006:
~.) For personnel assigned to a 24-hour shift, sick leave used will
be charged to Account #2, as follows:
Chart 1: Leave Usage Schedule for I-eave
Earned Prior to July 1, 2006
HOURS
WORKED AMOUNT OF
LEAVE
CHARGED
HOURS
WORKED AMOUNT OF
LEAVE
CHARGED
HOURS
WORKED AMOUNT
OF LEAVE
CHARGED
0.5 19.5 8.5 13 16.5 6.25
1 19.25 9 12.5 17 5.75
1.5 18.75 9.5 12 17.5 5.5
2 18.25 10 11.75 18 5
2.5 18 10.5 11.25 18.5 4.5
3 17.5 11 10.75 19 4.25
3.5 17 11.5 10.5 19.5 3.75
4 18.75 12 10 20 3.25
4.5 18.25 12.5 9.5 20.5 3
5 15.75 13 9.25 21 2.5
5.5 15.5 13.5 8.75 21.5 2
6 15 14 8.25 22 1.75
8.5 14.5 14.5 8 22.5 1.25
7 14.25 15 7.5 23 0.75
7.5 13.75 15.5 7 23.5 0.5
8 1325 15 6.75 24 0
This leave usage schedule will be followed until the sick leave
8
accrual balance in Account #2 is exhausted. For example, a
combat firefighter who is absent from work due to illness far 12
hours of a 24-hour shift will use 10 hours of sick leave. Once
Account #2 is exhausted, these employees will then use sick
leave, from Account #1, an an hour-for-hour basis.
2) Combat firefighters, and combat firefighters who are currently
working as uniformed day personnel, and who are hired on or
after July 1, 2006 will earn and use sick leave on an hour-for-
hour basis. For example, a Combat firefighter who begins work
July 7, 2006 and 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, 2006 and consistent with MCA 2-18-612, employees shall
earn annual vacation leave at the following rates:
Years of
Service Employee Earns:
0 - 9 13.32 hours per month
10 - 14 15.847 hours per month
15 - 19 18.603 hours per month
20 and on 21.1293 hours per month
All bargaining unit members can also earn "accelerated leave" far prior Montana
government, or certain kinds of military, service. It is the employees
responsibility to request this accelerated leave. Please refer to the Employee
Handbook for more information.
1. Leave Accounts: On July 1, 2006, the Payroll Officer will maintain two
annual vacation leave accounts for each member:
a. Account #1: Annual vacation leave earned and/or used on or after
July 1, 2006. Members hired on or after July 1, 2006 will only have
this Account available,
b. Account #2: The member's annual vacation leave balance as of June
30, 2006. Account #2 vacation leave balances will be exhausted by
no later than June 30, 2009.
2. Leave Usaae: Effective July 1, 2006:
a. For Combat firefighters hired before July 1, 2006, the leave usage
schedule shown in Chart 1 above will be followed, until the annual
leave accrual balance in Account #2 is exhausted. For example, a
9
Combat firefighter who takes 12 hours of vacation in a 24-hour shift
will use 10 hours of vacation leave. Once Account #2 is exhausted,
these employees will then use vacation leave, from Account #1, on an
hour-for-hour basis.
These employees will then use vacation leave, from Account #1, on an
hour-for-hour basis.
b. Combat Firefighters hired on or after July i, 2006 will use annual
vacation leave on an hour-for-hour basis. For example, a combat
firefighter who is absent from work fora 24-hour shift for vacation-
related reasons will use 24 hours of annual leave. The 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.
4. Personal Hours Couoon: On July 1, 2005, the City issued each combat
firefighter who worked a 24 hour shift one (1) "Personal Hours Coupon".
The amount of hours each firefighter received was determined by the
number of years they have worked for the City and was given in
consideration of the additional vacation time an employee working a 53
hour week had to use to take off a like period compared to their previous
4$ hour work week: These coupons could be accumulated for up to two
(2) years from their date of issue and were required to be used in the
increments issued. These coupons held no payout value at separation
from employment.
Consistent with the increase in the rate of annual vacation leave accruals
being provided (see paragraph B.1, above), on July 1, 2006, the City will
no longer issue Personal Hours Coupons. However, existing coupons will
continue be honored, and will continue to be valued in the increment
given.
C. Bereavement Leave: Bereavement leave shall be granted as per present City
policy.
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.
10
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 ar 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:
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:
11
In the event the employee(s) covered by this agreement chooses to file a formal
grievance they shall notify the Fire Chief and the Union Grievance Committee within five
(5) business days from the end of Step 2.
Step 4 -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.
A. 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 Chief.
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 the Chief for resolution.
Step 5 -Fire Chief Response:
The Fire Chief 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 City Manager
If the grievance cannot be resolved at Step 5, the Committee shall, within 10 business
days of receipt of the Chief's response, present the grievance, in written form, to the
City Manager
Step 7- City Manager's Response
The City Manager has ten (10) business days to respond to a Step 6 grievance
presentation.
Step 8 -Arbitration:
Part 1:
12
If the grievance remains unresolved the Union Grievance Committee shall, within
five (5) business days of the receipt of the City Managers 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.
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.
13
ARTICLE 19: TERM OF AGREEMENT
The terms and conditions herein set forth shall become effective on the 1~ day of July,
2008 and shall remain in full force and effect through the 30th day of June 2012, 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 CLAU5E
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.
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.
14
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 day of
2008.
FOR: CITY OF BOZEMAN FOR: IAFF Local 613
BOZEMAN FIREFIGHTERS'
City Manager
15
~~
Union President
ADDENDUM A
PAY RATES FOR FISCAL YEARS 2009 ~- 2012
A. Monthly salary rates effective July 1, 2008, July 1, 2009 and July 1, 2010, and
July 1, 2011. Full time employees will be paid on a monthly basis. Wages paid
will be carried out to 4 decimal places.
Monthly Salary
Position FY09
712008 FY10
712009 FY11
712010 FY12
712011*
Ca tain 5 113.61 5 283.89 S 482.04 *IAFF and
Firefi hter 1~ Class 4 452.04 4 600.30 4 772.81 Management
4t Year Firefi hter 4 211.99 4 352.25 4 515.46 agree to
3'" Year Fireti~I hter 4 114.19 4 251.19 4 410.61 open with
2" ear Firefi hter 4 008.62 4.142.10 4 297.43 negotiations
limited to
Probationa Firefi hter months 7-12 3 789.69 3 915.88 4 062.73 base salary
Probationa Firefi hter months 1-6 3 420.71 3 534.62 3 667.17 only (and/or
Buildin Life Safe S ecialist 4 627.25 4 781.34 4 960.64 items that
Staff Ca tain 5 113.61 5 283.89 5 482.04 both parties
Training Officer $5,113.61 $5,283.89 $5,4$2.04 agree to
bar ain over.
Note: The City agrees to pay $3S 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.
cl) 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:
Certification Monthly rate, paid as earned, to be added to
7•Ireflghter~s base pay:
EMT -Intermediate $60.OOper month
EMT- Paramedic $120.00 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 $120 per month.
16
C. L n evi :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.
2-4 years of service 5-9 years of service 10-20 years of service 21+ years of Service
$10/mo/YOS $12/mo/YOS $14/mo/Y05 $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.
Effective pn July 1, 2009, longevity under this paragraph will be paid as follows:
2-4 years of service 5-9 years of service 10-24 years of service 25+ years of Service
$10/mo/YOS $12/mo/YOS $14/mo/YOS $350 Cap.
D. Hazardous M terials Technician P -Beginning on July 1, 2QQ8, 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.
E. E~Coor~li-nator 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.
F. En ineer Pa -Beginning on July 1, 2009, employees who are promoted to the
position of Engineer will receive 2.5% Engineer Pay, based on their current
monthly salary, as shown in the Monthly Salary table above.
17
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 City'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. Hours converted for this purpose must come from Account #2 of the sick
leave accrual bank (See Article 15, Sick, Vacation and Bereavement Leave)
until Account #2 is exhausted.
B. 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.
C. 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.
D. The amount of sick leave eligible to move to a supplemental retirement
account equals:
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. The annual election to convert sick leave hours into deferred compensation under
this program is irrevocable. Once sick leave hours are converted, they cannot be
"purchased back" for use as leave at a future point in time.
4. 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 bank.
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 bank will be
done hour-for-hour. If an employee election under this part results in the employee
exceeding the IRS annual maximum far contributions to a deferred compensation
plan, the employee will be allowed the additional years necessary to complete the
conversion.
5. Calculations of the sick leave pay rate far 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:
Addendum A Pay Rate x 12
2756 hours per year