HomeMy WebLinkAbout2011 Resolution No. 074RF.SO LlJJ'ION N0.2.i...
SERIES OF 20 11
A RES OLUT ION AUTHOR.I ZNCi THE COLLECT IVE BARGAINING AGREEMENT
BETWEEN THE ENGLEWOOD FlREF IGHTERS LOCAL NO . 17 36 AND THE CITY O F
E NGLEWOOD FO R TH E \'EARS2012AND20 13 .
Wl-lEitEAS, the City Cnuncil nfthr. City ofF.~cl ewnnd , Cn lnrarlo au rh orized a Co ll ee,ivc
Bargaining Agreem enl with the Englewood F,re fightc rs Loc al No. 1736 (E FFA) for th e ye.ars
2009, 2010 and 20 11 , by the pas sage of Resol utio n No . 65, Se ries of 2008 ; and
WHEREAS, the (;ity of Eng lewood and the Englewoud Firefighters Local No . 1736 entered
inlo ncgotintious in Mo y, 20 1 l in acco rdM cc with the Eng lewood City Home Ru le Ch a11t:r ~ a1 1d
WHERE AS, the members of :he Englewood l'ircfi ght crs Local No. 1736 dul y ra tifie d, by a
maj01ity of th e members, the propose d Co ll ective Bar gaining Agreement fo r the years 2012
thro ugh 20 i 3; and
WHEREAS, the sign ifi ca nt chang es 10 th e Con tract, arc as follows:
Nu 1w.;dt pay will be pc:1 i<l U1 201 2 ur 2013.
Ne ho liday leave cash-out will be paid in 2012 or 2013 . However, employees wi :I be
paid O\'crt imc if they ac l uall)' wo rk on a City holiday and unused holida y le ave (up 10 9G
hours) will be convened to co mpcn sa 10:y ,i me ench November.
W.1ge!. wi ll be inc reased by 1.5% on Junuary l, 20 I 2.
Wages will be inc reased by the "marke," amo unt dctennined by the 20 1 :i salnry survey
on Ja nua ry I , 2013.
NO W, THEREFOIU:, BE IT KESOLVEU BY Ti'il:: CITY COUNCIL OF TH E C IT Y OF
ENGL£WOO D, COLORADO, AS FO LLOW S:
Sccliu11 I . The Ci ty Council of the Ci ty of Eng lew ood, Co lora do hereby approves the
Co ll cc:i ve Barr,aining Agre emen t be tw ee n the En glewood FireGgh tcrs loca l No. 1736 aud the
City of Englewood forthe Years 20 12 and 20 ·, 3, ar1nched hereto ns Exh ibi t A.
1;££1.inu ~-Th'-= Mayor :md thr. <:i1y <:lf ::k are hereby au tho ni cd to sign and :H i es \ the
Cu lk ctiv<.: l)t11"gai111 11g Agrccmc111 between the En glc,vood Firdiehlcrs Lot..:4 !1 Ntl 1736 ,1nd the
Ci ty tir E11gl,.:w1 1n1l , Cr1l orudo , for t'.1c yc.irr. 201~ :md ::Wl3.
I\IJLJ l''I ED /\ND APl'ROvl :D th is ;,! da y of ,\ugusl, 201 1.
A--=--C~· IA~,~)
James K. Wriodwmd , M a yor
CO LLECTIVli l:lARGAlNINU CONTRACT
BETWEEK
THE ENGLEWOOD FIR.EFIGHTERS LO CAL 1736
AND
THE CITY OF ENGLEWOOD
FOR THE YEARS 2012 and 2013
INDEX
ARTICLE RECOGNlTION Page 3
ARTICLE 2 EMPLOYEE RIGHTS Pa ge 4
ARTICLE BLUETLN BOARDS Page S
ARTICLE 4 DUES DEDU CTJO N Page 6
ARTICLE 5 RL1.ES AND REGULATIONS Page 7
ARTICLE 6 DURATION OF CON TRACT Page 8
AJ'.TICLE 7 HOURS OF WORK l'ugc9
ARTICLE 8 COMPENSATION Page IO
ART ICLE 9 OVERTIME Page 12
ARTICLE 10 ACTING PAY Page 14
ART ICLE II ANNUAL LEA VE Page 15
ARTICLE 12 PERSONAL LEA VE Page 16
ARTICL E 13 SHORT TERM DISABIT..ITY -STD Page !7
ARTICLE 14 WORKERS ' COMPENSATION Page 19
ARTICLE 15 MILITARY LEA VE Page 20
ARTICLE 16 FUNERAL LEA VE Page 21
ARTICLE 17 JURY DUTY AND 11/TfNESS SERVICE Page 22
ARTICLE 18 HOLIDAYS Page 23
ARTICLE 19 VOTING LEA VE Page 25
ARTICLE 20 TRADING TIME Page 26
ARTICLE 21 UNPAID LEAVES OF ABSENCE Page 27
INDEX
(CONTINUl:.U)
ARTICLE 12 UNIFO RMS Pa ge 28
ART IC LE 23 M ILEAGE RE IM l3URSEMGNT Pa ge 29
ARTICLE 24 INSURANCE Pa ge 30
ARTICLE 2 5 l..U'E INSl IJIAN1.E P;.gc 31
ARTICLE 26 RETIREE HEALT H IN SURANCE REIMBURS EME NT Page 32
ARTICLE 27 LAY OFF Page 33
ARTICLE 28 TUITION R.EIMR L:RSE M ENT/DEGft EF. ACHlEVF.MENT
RECOGNITION Page 34
ARTIC LE 29 SETrLEMENT O F DISPUTES Pagt 35
A RTICL E '.1 0 St JPl'UES ?age 38
ARTICLE 31 URU G TEST ING AND PHY SICAL FITNESS Pagd9
ARTIC LE 32 DEATH .AND D I SAOILITY ASSESSMENT Page 40
ARTIC LE 33 EXCLUSIVENESS OF CONTRACT Page 41
COLLECTIVE BARGAINING
CONTRACT BETWEEN
THE ENGLEWOOD FIREFIGHTERS LOCAL #171(,
AND THE
CITY OF ENGLEWOOD
FOR THE YEARS 2012 and 2013
This contract is entered into by and between tbe City ofEn glewood (hereinafter referred to as
the "City") and the Englewood I'irefi ghters (hereir.r,fter re[erred to as the "Union ").
It is the purpose o[this contract to achieve a.11 ma intain hannonious relations between the
City and th e Union; to provide for equitable and pe acel'JI adjustment of differen ces which may arise ,
and to establi sh proper standard s or wages, ho urs nr.,: other conditions of empl oyment .
Except where limited by express provisions elsewhere in this contract, nothing in Ibis
contract shall be constTUed to restrict , limit , or impair, the rights , powers and authority of the City as
granted to it und er the law s of th e United Stat es. the Stat e of Colorado and th e City's Charter and
Municipal Code. The rights , powers, and authority include , but are not limi ed to , the following :
A. Th e de termination off ire Department policy including the right to manage the affairs
of the Fire Department in all respects .
13. The right to assign working hours , including overtime .
C. The right to establish, modify or change work sc hedules, manning of apparatus ,
antount of apparatus in the main or reserve fleet, elc .
D. The right lo direct th e memb ers o f the Fire Department including the right to hire ,
promote , transfer or disciplin e or dis charg e for ca use , any firefighter within the Fire Department.
E. 1l1 e table of orgaui za1ion of the Fire Department including ll.Je rii;ht tu organize allll
reorganiz e the Fire Oepmtment in any mann er it chooses, including th e size of th e Fire Dcparrm eni
and the determination of JOb classification and ra nks based upon duties assigned.
I'. The dete rm inati on of th e sa fel y, health aad property prote cti ou measure for the I'ire
Dep artment.
G The allocatio:i and assignment or work to all fir efii;h1cr, within the Fire Dcparl ment.
1-1 . The detcnninat1on of policy uffoctiug the selection or training or fi refighters .
I. The schcd1 1iiug ofoperations and the detcnnmation of the number and durn.i on of hours
of ~1zi:;ign cd duty pe r \VC~k.
J. The csta'o li sl1111 1.;11t 1 dis continu ance, modification and c:,forccrne nt of Fire Dep:11111,c·nt
rules, regulations and orders .
K . The trans fer of work from one po s ition to another within the Fire Dcpm1mcnl.
L. The introducti on or new, improve d o r different mc :hods :1 nd lcehni~u c s nf o peration or
the Fire Dcplrtment or a change in the exis1ing metho ds and techniques.
M . The placing or service, maintenance or other wo rk with our;idc co n tractors or otlo<:r
a gencies or the City.
N . T he ,letenninati on ofthc number o f ranks and the number orfireli~h ter s wi1hin each rank .
0 . The dctcnnination of th ~ amount of supervis ion neces sary.
ARTICLE I. RECOGNITION
TI,e City recognized the Union as the organization certified pw-suant to the Charter of the City C' i
Englewood, as the sole and exclusive collective bargaining agent for all full-time classified Englewood
Firef;ghters including Firefighter, Driver-Operator-Engineer, Firemedic and Lieutenants. The City agrees
that it will not decertify or withdraw recognition of the Union as a result of any member of tl1e
bargaining unit serving temporarily in an ncting capacity in a position outside of the bargaining unit.
ART ICLI: ?.. EMl''LOYE I:'. RIGHT S
See Article XV, "Englewood Employee Relations and Career Scrvic.c ~ys,em Act -· 198 1" o f th e Home
Ruk C lrnrt t:r of the City 0 f Englcwood Exh ibit I.
Sec relate1 City 01 Englewood Policies :
• Ii 6 Equal Emp loy ment Opportunity/Harassment
• 1/47 Violenee In T he W ork place
Exh ibit IJ
Exhibit III
ARTICLE 3. BULLETIN BOARDS/UN10N ACTIVITY
A. ·n-.e City agrees to provide space in the fire station for Union bulletin boards that shall be
properly maintained by the Union. They arc to be used for the following noti ces:
I. Union meetings.
2. Union elections.
3. Reports of Union comminees .
4. Rulings of policies oftbe International Union.
5. Recreational or social affairs of the Union .
B. The l lnion agrees that tl1ere shall be no other general distribution or po sting hy the Union
or employees upon City property, provided, however, the Fire Chief may permit other mater ial not
provided for above at his/her discretion to be posted or distributed. The material posted shall not contain
anything reflecting dcrogntorily upon the City, any of its employees , or nny oth er orgnnizntion of City
employees. The City agrees that during working hours on City premises nn:l without loss of pay, Union
members may be allowed to : attend Union and/or management meetings , post Union notices, solicit
Union membership during employee's non -work time, and one on-duty representative will be allowed to
assist au employee on grievances , or appeals, provided advance noti ce is given to the Chicf nnd the work
load permits. The City shall provide relief for Union negotiators who are on dury during sc heduled
negotiating sessi ons.
ARTICLE 4 . 1)1 IF.S DEDU CTIO N
A. The City agrees to de duct the Uni on due s from ench bi -weekl y payc heck of those
cmplny ces who individua ll y req uest in wntmg that such deduc.io ns be ma<le , subjc.:t tu the garni sluncnt
luws o f the SLi te of Co lora do . Th e arnnnnts to he deducted shall be cenificd to th e City 1J11cctor of
Mum an Re sources by the Treasurer of the Uni on, and the ~ggregate dedu ctio ns ofnll emp loyees shnll he
remitt ed toge th er w,th an itemized stateme nt to the Trea surer by 01c I 501 oiOie succeeding month , after
s uch ded uctions ar e mode . The autho ri za tion shall be revocable during the term of th e Conlrac :, upon a
thirty (JO ) day wr itt en noti ce by the employee to the City Director of Mnnrnn Reso urces .
B. II is expressly und erstood U1at the Ctty assumes no li abiluy and sha ll nu t be I iublc fu , the
co ll ec t,on or payment to the Union of a:iy dues during a~y tim e tlrnt an employee is not actual ly work mg
for the C ity an<l actually on the p.ty roll of the City. In the ev ent of error on th z cheekoff li st , the City will
not be rr •;pcm siblc to make adj ustments, until noti fied by th e Treasurer of the Urnon.
C. 11,c Union 31,nll ind ellln ify and hold tl1e Cny harml ess acain sr nny and all claim s, suit.
orde rs or judgment broug ht or issued agai rt st th e C1 t·y as a re sult of any ac tion to ke n or not taken by die
Ciry unrlcr the provi . ion of thi s Anie le.
D. Clamges 111 the d11es amoum to be deducted shall be limlle c! t o tw o (2 ) changes eac h yea r
and provided a thirty (30 ) day written noti ce is provi ded to the Ctt y Dircctu1 of Human Re so urces.
E. Shou ld the chungc i11 the ded ucti on amount or meth od requi re a r.o mpntcr procra mming
change, the Union shall be responsible for :he cost of such change or change s, at $30 .00 per hour with a
four (4) hour maximum . Payment fr om the Uni on shall be made to th e C ity Direc tor of Fin ance imd
Administrati vc Service s within te n ( I 0) da ys of receipt of hillin g.
ARTICLE 5. RULES AND REGULATIONS
A. Except as limited by the express terms of this contract, the City retains the right to
promulgate reasonable rules, regulations, policies, procedures and directives. Said rules, regulations,
policies, procedures anc.l directives which arc an alleged violation of this contract shall b~ subject to the
grievance procedu re.
B. TI1e City agrees to consult with the Union concerning the formulati on of changes of
rules and regulations , policies, procedures and directives .
ARTICLE 6. DURATION OF CONTRACT
A. This contract shall take effect on January I, 2012 and slrnll continu: 1ll force 10 and
includ ing December 31, 2013 .
B. This contract, or any part o f it, may l.,c term inated or ren cgot·iated at ni,y 1ime by mutu a l
consent of both parti es.
C . lf any arliclc ur section of this co ntract shot1ld be held invalid by operation of law or !h e
Dist rict Co urt, or if compliance with 3r enforcement of any a11i cle or section shou ld be restrained by
such Di strict Court, the remaind er of this cnntract shall remain in full forc e and effect, and the partie s
sha ll promptl y meet and co nfer for th e purpose of allempting to an-ive at a m11111a ll y satislactory
replacement fo r such art icle or section.
D. Th e parties agree and understand that provision s re latin g to employees covered by this
contract shall in no way displace or mudify prcscn l or ft1tu re stntul ory cane law of the Stal e of Colorad o.
E. The parties acknow ledge that rlnrin g negoti ati ons whic h :·csulle cl in this contract, each had
the unlimitc<l right and opportunity to mak e demand s and pro posa ls wi th respect to any s11hj ect or ma tter
ap propriate for meetings and to :onfe1· and have dis cussio ns ;111d !h at the undersrnndin~s and Ub'fec ment~
arrived at by th e parti es afte r this exercise of !h at rii;ht an d opp011um ty arc set f011h in this contrac t.
ARTICLE 7. HOURS OF WORK
A. For those employees assigned to shift work, the work schedule shall normally consist of
any average of seventy-two (72) hours of work in nine (9) consecutive days , reoccurring work cycles
based on a twenty-four (24) hour alternating basis of Berkley system.
B. Employees assigned to non-shift work shall normally be scheduled for an average of al
leas t forty (40) hours of work in se ven (7) consecutive day reoccurring work cycles.
C. ll is specifically understood nnd agreed that nothing herein shall be construed as
guaranteeing employees a minimcm or maximum number of hours per day or per week .
D. The schedule may be changed by the. Fire Cbi ef proviclecl a minim11m
nine (9) day s advance notice is given . Work schedules may be changed without advance notice in the
case of emergencies as detemuned by the Fire Chief.
ARTICLE 8 . CO MPENSAT ION
A. Through December 31 , 20 11 , th e rat e sched ul e is as shnwn helnw .
Firefi ghle r (probati onary)
Fin:fightcr tn
Fi re fi ght e r l1
Firefight er I
Fir efi ed it cr [[I/Paramedi c
Fin:li ght c1 1.1/Param cdi c
Fire fi ght er J/l'aramedic
Driver/O perator/En gin eer
Driver/O pcrntor/Gnginecr/Para1ned ic
Lict1lt!llillll
Regular Straighl
T ime
Hourl y Rat e
$16 94
$19 .29
$2 1.22
$23 .35
$22.19
$24.41
$26 .85
$25 .68
$2 6.97
$28 .25
8 . Th e schc ci ul c in 11 A.11 ahov e. will hr-\\rljus rc,t ,111 Ja nuary 1, 2012 to reflect a 1.5% in crcas:
over the 20 11 rate.
C. The final ize d 2012 sched ule me ntioned in "B." above will be adjus1 ed on Jan uary I, 2·313
ro reFlcn rho 201 'l "nrnrk ec m edian " ,s cktcrmi ncd by the 2012 S,la:-y Survey. The "marke: media:i "
will he ba:;c d upon th e 201 3 median wnge o f the to? t;rndt: F,refighrers at: A ur ora, Boulder , Deaver,
Li ttle to n, South 'M'ctro, \X'e~t Jvf cuo :rn d \'V't:su 11in sll:t. The survc) wi ll Uc cor:ductcd in the 4tr 9: .. rnrt cr cf
20 12 by die Huma n Reso urce s Uepartme nt, wit h the concu n cncc of the EFl'A. The City 111d tac
E FFA wi ll mcc 1 by November I. 2012 to approve 1hc survey and lin:tlizc th e· tcvi scd s.J ary ta hlc for
2013.
D. The pa y rates identified in Secti on A. are c1lculated to provide I 0% s cparnti on bet ween
each rank fr om Firefighter Ill through the rank of Li eu•.cnam . The benchmark fur thi s calc ula tion is
Firefi ghter L
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FIREMEDICS
1. In addition to their regular hourly wag~ rate, qualified employees hul<ling a rank of
Firefighter (FF!, FFil, FFITI) who are assigned and authori ze d by the Fire Chief to
perform on a regclar basis Firemerli c duties shall receive a 15% wage increase over and
above the affected employees' hourly rate , which shall be cJnsidcrcd pensionable wages .
2. In addition to their regular hourly wage rate , qualified employees holding the position of
Driver -Operator-Engineer (D-O-E) who maintain a current paramedic certification
(EMT-P) shall receive a 5% wage increase over and ab ove the affect ed employees'
regular hourly rate , which shall be considered pensionable wages. Any IJ-0-£ who is
EMT-P certified and is ass ignecl as a Firemedic shall receive an hourly rate for actual
hour; worked comm ensurate with the position ofFiremedic I.
E. The methodology used in determining the hourly, premium/overtime and annual
compensation is contained in Appendix A.
F. In addition to their regular hourly wage rate, shift fire investigators assigned and
authorized hy the Fire Chief will receive :
• $.4 I per hour (which shall be considered pensionable wages) and
• shall be eligible for discretionary Merit Pay of up to $600 each year, payable as set forth in
Paragraph G (2); except that this Merit Pay will not be paid in 2012 or 2013.
G. ( 1) Each empk vr:e appointed by the Fire Cuief to one of the following assignments shall
he eligible for Marit Pay in an amount determined by the Chief, up to a total of$1,200.00
each year:
Hazardous Materials Team Leader/Jnstructor, Technical Rescue Team Lca,for,
Safety Education Team Le ader . Child Passenger Safety Team Leader, FireJnvestiga :i on
Team Leader, Honor Guard Team Lc ,d er, SWAT Medic Team Leader, Wild Land , ire
Team Leader, C~aracterization Team Leader or other assignments as determined by th e
Fire Chief after consultation with the Union.
(2) Such Merit Pay sha ll be awarded in the exercise of the Cbiers discretion, base d up, •n
specific performance criteria developed by the Chief and mad e available to employee:..
Me ri t Pay shall be determined and paid se mi-annually, no later tl1an June I and
December I each year.
(3) No Merit Pay as set forth in this paragraph G will be paid m 2012 or 2013.
l l
ARTICLE 9 OVERTIME
A. Stand ard Ovenime.
I . Upon detenninati on !hat th,:, rcpoiting of assigned personnel 10 the duty shifl is
be low the City established leve l, th e call to off-duty persm u1cl fur uvcrlim c will be ma<l c.
2. Non -ex empt employees cove red by thi s co 111ract working in positi ons 01l1 er limn
1heir ac 111a l rank are r.m mted in acting ca pacity . In the ev ent requirement s neccsi iwte
po~ilions be filled wit!, actua l mnk , pcrs nnn el of said mnk will be ordered in .
3. Non-exempt employees covered by thi s comra cl shall rece ive overti me
com pen sati on fo r work perfunncd uver and above the assib'llcd wo rk sc hed ule. Any
overtime cui np cnsation for training sh all be pursua m to the pruv is iun s of th e Fair I .abor
Sta nd ards Act. All overtime compensation shall be ca lculated at tim e and one-ha lf(! /2)
<'fthc em pl oyee 's reg ular wage rate, or actinl( wage rate, whichever is high er.
4. The meth od use d to se lect Fir elighte rs tn wnrk overtime situations will be
contained 111 procedures publi shed by the Fire Chi ef. The pr oced ures wi ll prov irlc a fair
an d equitable di st, ibu 1ion of ovort ime among burgnining un it employees. Th e ;,roccd urc
will contain a sele ction proce ss whereby an cl igi '.,l e i:idividu al will no• forfeit hi s/her
position in the se le ction pro ces s if: less than a tw elve -hour block of time is wo rked; if
th e employee i; sic k or on annual leave ; or if this wou ld req uire the employee 10 wo rk
s~v enty -two (72 ) con secutive hours, or more . Refusal for sicknes s will be accepted only
if th e employ ee was abs ent the la st du ty day due to illness or short term disability leave .
Annual le av e is the peri od of time from t~-~end of 1he ln std>.y worked until !h e employee
returns to duty . However, if an employee is on annual ieave, he /she has the option to
wo rk on an y but l1i s/hcr own shift. The on -duty Shill Co mmander or acting Shif:
Co mmand er may contact an :mpl oyce no earli er 1han scvcuty -tw o (72) hours pri or to the
overtime hours that are needed to be filled . In the event that the Shill Commander or
actin g Shift Commander is unable to contact the employee who is up nex.t fo r overtime
then he /she must wni t until tw elv e (12) hours prior to the overtime shift to considerthe
employ ee a 'no contact' and mo ve to co n:act 1hc nex t eligible overtime empl oyee.
Additionally, in the event that !he employee is contacted and accept s th e o venime,
his/her name card will be moved at once.
'.i. If no off-duty per so nnel wish to work , the Shift Co mmander will unle, in the fir st
per so n he/she con tac t~ following th e nonnal rotation. If the overtime per son is not at th e
ass igned s1a1inn hy the beginning of t he shift, the pe rson held ov er from the prevmus sh ift
shall be give n overtime in quarter (¼) hour in cremr.nts.
6. Lf al any time <luring the shill th ~ absen t personnel re turns to duty , th e officer in
charge will relieve th e person who came in tu wurk that ov ertime posi ti on. The pc,~on
working the ovenime will be paid a minimum of two (2) hours worked. lfmurc than two
(2) hours are worked , hisn1er rime will be computed to the neares t ne x.t ha lf(½) hou r.
12
7. No one other Lha.11 the Fire Chief, the on-duty Shift Curnmamlcr, ur acting Shift
Commander, Un io n representative, at the request of the employee, with the employee and
management personnel present, shall have acce ss to or review the overtime records . Any
person not following this policy or found tampering with the file will be subject to
di sc iplinary action by the Fire Chief.
B. Emerge ncy Overtime.
1. Emergency overtime is defined as a multi-alarm situation or di saster where more
than normal manning is required and must be authorized by the Fire Chief.
2. Wh en non-eKctnpt employees covered by this contract work overtime on an
emergency call back basis, that overtime shall be computed on a forty (40) hour duty
week wage basis.
C. Combined Overtime.
1. Wh en a non-exempt employee covered by this contract 1s working a standard
overtime shift and responds to an emer gen cy with other employees called in on
emergency overtime, he/she will be compcns uted on the emergency overtime basis during
the period of that emergency.
13
ARTIC LE 10 . AC TING P." Y
The fo llo wing acting positio· .s assigned and authorized by the Fi r~ C hi ef or th e C.1 iers
des ign ated rep re se nt ativ e will be comp ensat ed at full pay . Th e employee beco me s eli gible fo r i!Ct in g
pos iti o n co mp ensa ti on immedi ately up on ass um ption of re sponsibilit y ol'th e posiuon.
Ac trn g m:s ignmcnt s will he made ncc.o rdin ~ to the fo llowin e pro ce dur e:
Act ing D.O.E.
First Pri ority -Eli gibili ty Lis t
Second Pri ori ty -Perso m1 cl with lJ Oll Check Off Li st
Third Pri or ity -Dis creti on of Shift Comma nder
Aelin g, Lieute nant
Firs t Priorit y -Eligibility Li;t
Second Pri or ity -Pcrsc•rm d wit h Lt. Cl n:c k Off List
Third l'r io nty-Di sc reti on of Shi ft Co ,,:·.nand cr
14
ARTICLE 11. ANNUAL LEA VE
A. Shift work employees shall be entitled lo annual leave according to the following
schedule:
Hourly Hourly
Accumuiatir 1n Accumulation Annual Total
l'err,!onth Per Pa~ Period Hours Sh tfts
0-4 years continuous servi ce 13 nours 6 hours 156 6.5
(th:ough 48 month s)
5-9 years continuous service 15 6.92 180 7.5
I 0-i 4 years continuous service IY 8.77 22~ Y.5
15-19 vears conti nuou s serv ice 21 'l .69 252 10.5
20-24 ~ears continuous service 23 10.62 276 I 1.5
25+ y~ars con tinuou s service 25 11.54 300 12.5
Annual leave sha ll not be granted to any employee until he/she has been in the employ of the City
for at least six month s.
B. The maximum acc umulation of annual leave shall be two (2) times the emp loyee's normal
annual leave accumulation.
C. Method of Selection -The selection for use of annual leave shall be by seniority. Tbe
ftrst round of selection begins by those employees with greatest seniority choosing ftrst and those with
less seniority choosing last. The second round of selection will begin with those having less seniority
choosing first and those with more seniority choosing last.
D. Use -The schedule for use of annual leave sha ll be determined by the needs of the
Depanmem. Annual leave shall be take n at a time convenient to 0 nd approved by the Fire Cl.iief. When
an employee has scltedoleu annual leav e through tl1e normal me~•ort of selection and is subsequently
transferred to anoth:r shift, the City shall accommodate said employee's onginal annual leave selection
when not to do so would result in financial loss due to cancellation of travel arrangements.
E. Annual Leave Pay• The rate of annual leave pay shall be the employee's regular straight
time hourly rate of pay for the employee 's regular job and charged on a worlcing hour basi s, excluding
regular days off. Arn1ual leave shall be all owed only tu the to tal lmurly a11101mt accumulated up to and
during the pay period in which the leave is taken .
F. Mi11imum Usage -There shall l,e a one (1) shifl miuimum use of annua l leave time for
shift workers with the following exception: !fan employee covered under this contract has used all of
the personal le ave provided to him/her for the year, the employee may use annual leave of less thar, one
(I) shift as appruvetl and authorized by the Fire Chief or the Chiefs designated representative.
G. Annual Leave Pay Upon Separw :Jn-Any employee who is separated from the service of
the City, i.e., retirement, termi nation (if employee has completed 6 months of coutinuous service with
the City) or layoff, shall be compensated for the unused annual leave time accumulated at th e time of
separation. In the case of the death of a fire fighter (on or off duty), the beneficiary will be compensated
for the unused ann ual leave time accumulated at the time of death.
15
ARTIC LE 12. PERSONAL LEAVE
All shift work em~loyees covered by thi s contracl shall be grnnled ninr.ty-six (96) hours of
personal leave with pay v:hi oh an empl oyee is entitled to use for th e following purpo ses:
A. Employee ', nwn illness/injury
13. Illn ess/i nju ry of cmployee.'s fam ily
C. To .'.'l tte r,,! '.1~ pcrsunal bu sin ess .
for any employee who has 11 01 tise d the ninety-six (96) hours of personal lc ,.vc , the C it y will
compcnsale sHicl e mpl oyee for lh e 11rm sc d time at the employee's reb'll lar wage rate to be paid accordmg
to the prcvn ili ng payroll schedule . Personal leav e tim e shall not exceed ninety-six (96) hours nor shal l it
be :r ccumulatecl or carried ov er from one year to tire next. In the event u f illness/i njury in which personal
le ave is requested, the employee shall n,11 ify };:,,lher supervisor at le ast on e (1 ) hour prior to th e
emp loyee's scheduled reporting time.
A shrfl work employee wh o rs a1wned t<' a fo rty (40) ho ur ~ss ig11rne11t during th e course oftl1e
year will be paid the pro rata horrrs fnr th e pcrincl th nt. h e/she wa s on shift work .
Personal leave s hall be prorated for employees beginnin g a nd terminating empl oyment with lhe
City during the Novemberl-Octobe•· I time peri od. In the case of the death of a fire fi ghter (on or off
duty), the benefic iary will be compensated for th e unuse d pro ram hours accumulated at the time of
death .
16
ARTICLE 13 . SHORT TERM n!SABTT.ITY (STD)
A. Definition -Short lenn disabihty is leave granled fornon-sen-:r, cnMr.c1ed injury or illness
of an employee which disabilily prevenls lhe employee from pcrfo ,:11ng r:ii./hcr duties as a City
employee.
B. Provision -During the life of this contract, tbe City agrees 1,, (.rovide short term disability
leave with pay for employees absent as a result of illncss/inJury at lb~ 1 ,te of one hundred percent
(100%) of tlJc employee's regular wage up to nine hundred sixty (96'1) wor -·.mg hours , {one hundred
twenty (120) days /forty (40) shifts.\
C. Short term disability leave shall not be accumulative excepl that on January I of each year ,
the City shall restore one hundred percent ( I 00%) of lhe number of hours/days/shifts used by an
employee during the preceding year up 10 a maximum of 480 hours, sixty (60) days or twenty (20)
shifts .
D. Uti lizat ion .
I . Autboriz.:it ion for short term disability leave with pay shall only b,, granted after
lhe first shift/day ~f di sab ility .
2. Authorizntioo for short tern, disability shall be granted for the illness or injury of
the employee not serv ice connected, in cl u<1 ing maternity related disability . (See related
City Of Englewood Policy# 31 "Family And Medical Leave Policy" -Exhibit JV)
E. Sick Leave Option -All sick leave accrued by employees prior to January I , 1980, shall
vest with the employee , and may be used in the following manner:
I . After the hours/days/shifts described above have been used, unless the employee
is entitled to retirement as a result of disability.
2. By cashing in all accrued sick leave accumulated under the previous plan upon
nom1al retiremenl from the City at :be rate of one (I) hour's pay for each two (2) hours of
accrned si ck leave at lhe employee's reb'lllar rate or one (I) hour's pay for each four (4)
hours upon separatiou from the City .
3. By cashing in accrued sick leave under the previous plan , once each year at the
co~version rale of four (4) hours sick leave for one (I) hour pay, nol to exceed a
conversion of more than four hundred (400) hours each year .
F. Reporting of Short Term Di sability -The employee or a member of the employee 's
household s hall notify the employee's Shift Commander at least thirty (30) minutes prior to tbe
employee's scheduled reponing time . The employ ee's Shift Commander may waive the reporting
requirement depending upon the circumstances surrounding the shon term di sabilily .
17
G . Verifi c ation of Disability -.lf absencc from work is tl •ree (1) consecmive work days/shifts
or-m ore , a ,ncdicul release must be provided by the employee. If the City rcqui:es the employee to seek a
second opi n ion, the City wi ll bear the cost of the second examination.
H. Abuse o f Shon Tenn Disability -Abuse of short tcnn di sability oc curs when an
employee ,n,srepresents th e actual reas on fo r requesting short tcnn clisability n r wh~n an empl oyee us es
s ho,1 tenn d is ability leave for unauthorizcrl purposes . An employee who makes a false claim for short
tcr111 disahlity lea ve shall uc subj ect lo disc iplinary action, up lo and including tcnnin ati o n.
18
ARTICLE 14. WORKERS' COMPENSATION
A. For any work related injury/illness which causes any employee to be absent from work,
the City shall pay employee hi s/her full wages from the first day of his/her aosence from work up to and
including the 90th calendar day of such absence, less whatever sums received by t:he employee as
disability benefits under Workers' Compensation . The City reserves the right to require any employee
on injury or disability leave to submit to an examination by City-appointed physicians at the City's
expense or under the provision of workers' compensations _or the retirement/pension provis ion as
provided under State statute .
B. All injuries that occur during working hours shall be reported to the empl oyee's
supervisor within twenty-four (24) hours of ·~r. in iury or before the employee leaves their department of
employment unless circumstances beyond the c, atrol of the employee would not permit.
19
ARTJC I..F. Ii MTT .ITARY I.EAVE
Military Leave will be granted per the City of Englewood !\d111inis1rntivc Poli cy Ma n11ll1 #35
"M1h ra ry Le ave Policy"• Exhibit V .
20
AR TICLL I 6 FUNERAL LEA VE
The Fire Chief shall grant leave with pay to an employee to attend the funeral ofa member of1h e
employ -e's family . The number of days/shifts granted shall be governed by the ci rcum smn cc s of the
case, bu: u1 no event shall the y exceed three (3) ofthr. employee's regularl y n.s signcd d11ys/s hins For
the. purpos es of Ibis section "employee's fam ily" shall mean the employee 's spou se , or the children ,
grandchildren , parents, grandparents, brothers and sisters of the en,p loyec or of the emplo yee's spouse.
At the discretion of the Fire Chief or designee, annual leave or pc<.s onal lea ve 111ay ue utili r.ed 10 ullcnd
the funeral of people that are not included in Lhe list above Lea ve for this purp ose mny be grunt ed
outside of the normal leav e policies of the Fire Department.
21
,\ll'f'ICI.I, I "/. JURY DUTY AND WITNESS SERVI CE
Leave may he granted to an employee for serving on jury duty or as a witn ess in hi s/her official
capacity in obed,cnca lo a subpoena or direction by legal authority He/she shall be en tilled to th e
diffc rc 11ct: l,ctwce11 hi s/her regular co mpensation and lhe fees recei·,ed fo1 iury du ty or as a wit ne ss .
When hc/sl1c is sub;,oenaed as a witness in private litigat ion to testify , nr r ;., !:',/her official capacity but
as an individual , the time abs~nt by rea son thereof shall be taken as ac cn.,t<l lcavc or leave without pay .
See Ci1yOff.11glcwnncl Achnil'islrative Pol,cv Manual. #14 ".lllry Duty And Witness Serv ice" -E>.h ,liit
VI.
22
ARTICLE 18. HOLIDAYS
A. (1) Shift work employees covered by this contract will be eligible for eighty
(80) hours of holiday tim~-off or pay.
(2) The payment for holidays will be made in November of each year based on the
employee's regular straight time hourly wa6e rate . Employees must notify •he
Department by October I of each year, of their intention of receiving holiday pay in lieu
of time off.
(3) Holiday pay for tenninating and new hire employees will be detennined on a
monthly pro rala basis . (Example : If an employee retires on April 30, the
employee is eligible on a monthly pro rata basis for six (6) m0nth s or one-half
(½) of the eighty (80) hours holiday benefit.) In th e case of :he death of a fire
fighter (on or off duty), the be.neficiary will be compensated for the pro rata
unused holiday leave time accumulated at the time of death .
B. Forry (40) hour employe es will not be eligibl e to receive a holiday pay cashout, but shall
receive the days off on the twelve ( 12) officially recogni zed City holidays provided the employee has
actually worked or had approved paid leave on the day immediately prior to and following a holiday
wiless otherwise approved by the Fire (;hief. A shift work empl<lyee who is a.~signed to a forty (40)
hour assignment during the course of the year will be paid the pro rat., holiday pay cashout in November
for the period that he was on shift work .
However, for the duration of the 2012-2013 collective bargaining agreement this article shall be
administered as follows:
A. (I} Shift work employees covered by this contract will be eligible for ninety-six (96)
hours of holiday time-off.
(2) For any employee who has not used the ninety-six (96) hours of holiday time off
by the end of October of each year, the unused hours will be converted l : I tu ~,e
employee's compensatory time bank.
(4) Holiday hours for terminating and new hire employees will be ,ktcrmined ou a
monthly pro rata ba,is. (Example: If an employee retires on April 30 . the
employee is eligible on a monthly pro rata basis for six (6) months or one-half
(½) of the ninety-six (96) hou~s holiday benefit.)
B. Any sh ift firefight er who is required to actually work on an official Ci ty holiday sh all be
paid a holiday premium in addition to his/h er regular hourly rate of compensation. Such hol iday
premium shall be on e hnlf ( . .'i) the firefi ghter's regular hourly rate of pay, and shall be paid for each hour
actually worked betw ee n 12:01 AM and 12:00 midnight on a City holiday.
23
The followin g days shall be co nsidere d official holidays by the City.
I. Ne w Y"'1r's Day : January l. ·
2. .\1 amn Luther King Day the •~ird Monday m January .
3. President's Day : the third Monday in February .
4. Memo rial Day : the la st Mondoy in May .
5 Ind epe ndence Day : July 4.
6 L,.bor Day : the first Mond;,, in Septembe r.
7 Veteran's Day : November 11 .
8. Thank sgivi ng Day : th e fourth Thurs day in November.
9 Fourth Frida y of Nov emb er followin g Thank sg iving Day .
IO Christm as Eve : December 24.
11 . Chri stm as Day : Decemb er 25 .
12 . New Yea r's Eve Day : Decembe r 31 .
24
AKTICLE 19 . VOTING LEA VE
Voting Leave" dl be grantec.J Jlt:r the Ciry Of Eng lewood Ac.lmin is trative Policy Manual, #39
"Voti ng Leave" -Exh ibit Vil .
25
/\IU'J C LE 20 . T RADING TIME
A . Empl oyees may be pennitied to sec ure another Fircfightero f equal rank and quali!ic ,.t io11 s
to substihltc for the m subject to the app rova l o i"th c.11 Shift Commander. The empl oyee substi n11i11 g sha ll
be re spo nsibl e to work th e sc hedul ed shi ft and an v ,t>se nc e sha\l hecha r~cd agai nst that emp loyee . Any
r,•qurst fo r subst itnt es shall he sig ned hy both l'irdir,ht ers an d approval of the Shift Comman der sh all
also be in wr itrng.
13 . Trad in g lime shall be go vern ed b·,· :he follnwing crit eria :
I . Th e tradi ng of time is clon e vo lun tarily by the emp loyees participati1 ,g in thr
t:·a dc.
2 . Th e re >.sn n for trarl in t rim e rs due tn the em ployee 's de sire or need not beca use of
Fire Department operat io ns.
3. lf a trade requ est is den ied by a Shin Co mmand er, th: Shi ft Comm an der shall
pro vide a wri tt en stat,ment to the reques tin g employee with th e reason fur de.ni al ufLl,e
requ es t.
26
ARTICLE 21. UNPAID LEAVES OF ABSENCE
Unpaid leaves of absence may be granted per the City Of Englewood Administrative Pol icy Manual , #38
"Unpaid Leave of Ab sence". EJ<hiliit VlII .
27
ARTI CLE 22. UNlfOR.\1S
A. (!) If an cmpl c,yee 1s re4u ircd to wear a uniionn and/or safety equipment, the
employee sha ll wear th e uniform and/or safety equipment only as authorized or required
hy the Dcpa riment wOl'k rule< All employees shall maint ain a pre scntahlc appearance:
while on duty . The emplo yer ,r. resp onsible for any damage to the unifom1 or safe ty
eq uipm ent by neg ligen ce or •1:1,lre raLe act. The City will be responsible for providing all
uni fonns and safety equi pm ,,ni
(2) The Depaitmcnt on a replacement basi s will bear the cos t of repl ac ement
uniforms. The new re plac.err,cnt un ifo rm will :neet or exceed National Fire Prot ec tion
Association (NFPA ) staa<l arcl s.
I.! The Department will mithoriz e a'.ld req uire speer lie shoes and will provide a footwear
reimbursement of ti fry percent (50%) of th e co ,l of au thorized footwear up to a maximum nf$130 .00 per
year .
C. Physical fitness sweatshirts, sweatpants, and running shorts will be provided by the Fire
Department for employees eng~ged in th e Uc pa11m ent 's physi cal fitness pro gra m. The above clothing
will be provided accordi11g to an as-needed ba sis , dct cnnincd by the Fire C:i ief
D. Cleaning -The Ci ty will be re spo nsible lur providing clean ing for all uniforms and/or
safety c:quip1m:11l.
28
ARTIC LE 23 . Mil,EAGE REIMBURSEMENT
A Firefighter who is specifically authorized by the Fire Chief to operate his/her personally owned
automobile in conduc t of C11y business shall be paid mileage in ac cordance with the City of Englewood
Administrative Policy Manual, #49, "Travel".
29
ARTI C LE 24 . lNSUR.ANCE
A . MEDICA i..
Th e City will pay nin,~ty perce nt ('10 %) of the premium cos t for si ngle coverage for
medical insurance. Employcr.s will p:iy ten p ercent (10%) of th e prc:nn1111 c:nst fnr sin gle
covcrige for th e medi c al in s urance pl a n designated as th e basi c City plan.
T he City w ill pa y eight y-five pcrccnl (85%) o fl'1c premium cost for "cm1 iloyce plus one"
coverage fo r medi c al in s uran ce. Empl oyees wi ll p ay fift een pcrccm ( 15%) o f !h e premium cost
for "e mployee plus one'' t:ovcrag r: fur lhe mcLlit;al insura 11 ,.;t;; pla n dc signa Lc.:d as the ba~ic City
plitll.
T he Ci ty w ill pay c ·l1ty p ercent (80%) of the prcm inm cost for "family" co\'crngc fo r
ucd ic a l insurance. Emp loy,. will pay !w ent'/ percent (2 0%) of th e premium cos t for "family"
r:ovt!r:i ce for the mcrli cal in sui :me ::: plan ck signa :cd as th e b11s ic Cl1y plan .
If 1h e City offers any optional medical msc1ra ncc plan(s), !he crn;,luyce wi ll pa y th e di ffcre11e<:
bclwccn 1hc C it y's c nn1ribu 1i on descrihe d above and the prcnl111111 cost of th e optiona l plan
chose n.
B. Dl:NIAL
The C il yw ill pay ninety perce nt (90%) o f the premium cos: for s in gle coverage for dental
insurance. Employees will p ay ten percent (I 0%) of 1he premium cost for sin['lt coverage for
dental in s ur ance.
The Ci t: wil: pay cighly-fi vc pc.cent (85%) ufthc pre:niu111 cost fo r "c.i,µloyee plus ,me"
coverage fur i · I insura:1cc. Employe es will pay Iii-tee n pc rccn1 (I 5%) of the premium cost for
''e mplo yee pius one,, coverage for dental insurance .
T he City w ill pay eighty percent (80%) oflhe prc llli um cost fo r "family" coverage for
dental insurance. Employees will pay twenty perce nt (20%) of the premium cost for "family"
cov erage for den tal ins ura nce .
C. Tl is understood and ag,r ccd that should the premium costs for ei th er of the City's
in s uran ces be red uc ed during the life o flhi s contract , lhc City and emp loyees wi ll equally share
in th e premium rate reduction.
D. Ariy d ispute concerning the interpretati on or app hcati on of be ne fits provided under the hea lth
lJr ,knla l plans ,hall be subjccl llJ the µIan ar: · •iruccss . It is ex p ress ly und,,·slood that Ibis
art icle is a non-grievablc item under thi s contrae\.
E. In the O\'Clll lha l a 111c111bcr uflk bargaining unit is kill ed in th e lin e of d uty, the Ci ty shall
pay 50% o f the cost of COBRA coverage (medi cal and tlcnlal for the surviving spouse and
dependcn l children . The remaining 50% oflhe cost o f COBRA co v e.ag e shall be bnmc hy the
union.
30
ARTICLE 25 . LIFE INSURANCE
Tenn life insurance will be provide by the City for employees co vered by this contract ill the
amoW1t of one time his/her annual base salary. Upon retirement , the employee may convert the life
insurance per the life insurance plan conv ersion agreement iu place at the time of his/her retirement .
Wben a member of the bargaining unit is killed in the line of duty or dies from injuries sustained
in the line of duty , the City shall pay the cost of reasonable funeral expenses incurred by the survivors up
to a maximum often thousand dollars ($10,000). This amount shall be offset by any other paymen ts
provided by Colorado Workers ' Compensation or any other insurance agency or organization.
J I
/\RTJ CLE 26 RET IREE HEALTH INSURANCE RE IMBURSEMEN T
The Ci ty agree s to allow retirees and future retirees a conver sion privilege to the health
in suran ce ~u11vc ,s io11 plan availab le 11,ro ugh the Ci ty . For cmplo)ees wilo retired on or uefor c
December 3 1, 19 95, the Ciry agrees to pa y fifty percent (50%) of t1e cust of coverag~ of th e health
in suran ce convers ion plan or orh r.r p1'1n se lec ted by the. rr.ti;ee np to s m,•xi mnm nf $7, 00 per month
for the employee and including the emp loyee's dependen ts. For employees who retired on or ofl er
January 1, 1996, the City ag re es to pay fifty percent (50%) of the co st of coverage of the hea lth
insurance conve rsion plan o r oth er plan sel ected by the retir ee up lo a maximum of $100 .00 pe r
rn onth .
32
AlfflCLE 2 7. LAYOFF
Whe never ti : .-; is lack of work, lack of funds, or other lcg itim •te reas ons req uiring reduc tions in
thr number of empl oyees, the appoint ing auth ority shall desib'llatc 1.he position s in which the layoffi s to
be made . Upon such det ermination, the requirer! numh cr of employees in the affected position shall be
placed on a layoff list or transferred by th e appoint'ng authonty, eac h in order of his/her relative lenb>th
and quality of service as shown by the personnel rec ords . Employees on iayoff shall be reca lled in th~
order of scniJrity provided that those recalled have the demonstrat ed ability at,d same qualification r. to
perform the available work as determined by the City . Any employee in a higher rank, if laid off, nay
transfer to the previous lower rank. The layoff li st shall terminate after eighteen (18) month s.
))
ART IC LE 28 . TU ITION REIMBURSEMENT/DEGREE ACHIEVEMENT RECOGNITlON
Tui tion will be rcirnbur,i,d per lhe City of Englew ood Administrative Po li cy Manua l, #29
"Tuition Rc,mburscmcnt/Degree Achievement Recognition" -Exhi bit IX .
34
ARTICLE 29 . SETTLEMENT OF DISPITTF.S
A grievance is defined as an alleged violation of a specific provision of this contract Tue
employee nnd the Association shall be required to follow the pro cedure as set out below :
Step I
lf ru: employee is unable to settle the grievance or dispute orally and infon'lally through his/her
shift commander within five (5) business days of the date of the occurrence of the grievance, or the
employee's knowledge uf it, ll1e employee may, within ~'l e succeeding five (5) bu siness days, file a
written grievance with his/her supervisor. The shift commander shall attempt to adjust the mat1er and
sh all re spond in ·,·n ting to the employee within five (5) business days.
If the answer is not sat isfactory. the matter shall be presented in writing by the employee tu llie
Fire Chief within five (5) business days following rece ipt oftbe Shift Commander's response . The Fire
Chief shall respond in writing to the employee wit111n five (5) busines s days .
If the answer is not satisfactory, the matter shall be presented in writing by the employee to the
Fire Cbiefaml the Humai1 Resources Director within five (5) bu sin ess days following receipt of the Fire
Chief's response. The Fire Chief and the Human Resources Director will meet, investigate, and discuss
the 5 . · ovance. The Fire Chief shaU respond in writing to the employee within five (5) business days.
Step4
If the grievance still remams unadjusted, it shall be presented by the em1 loyee to llic City
Manager in writing within fiv e (5) business days following receipt of the response of the Fire Chief. The
City Manager or his/her designated representative shall respond in writing within ten ( I 0) business days .
If the grievance is still unsettled, the Association, within ten ( I 0) business day s after re ceipt of
the answer by the City Manager or hi s/he r de signa ted representative, ma y by written notice reqt·es t the
matter be submitted to either mediation or arhitration .
(a) Meciiation .
(I) If med iation is requested , the parties will attempt to mutually a!,,ree upon a
mediato r. If within five (5) days of the request for med iation the Association and the City cannot
mutually agree on Lhe mediator, a request will be filed with the American Arbitrarion Association fot a
panel of seven (7) mediators to be sent to the parties .
(2) The media to r will be selected by a method of alternative striking of names from
th e panel , wttb the ftrst strike determined by a coin flip. The final name left on the panel will be the
mediator. The mediator will convene a mee ting of the parties as soon as pos sible and attempt to deve lop
3S
n s ettlem ent of th e gri evu nce whic h 1s acce ptab le to both part ies. Any such sctllcm clll will be in writing
a nd will be dated and si gned by representatives of the Associ atio n and the City and by lh c mcci ialor. The
terms ofnny such se ttl ement will be impl emented by hoth parties !fa settlement is not renc he,: ll ,ro ugh
th e mediatio n pro ce ss, the medi ato r will notify both parties in writing that th e mediati on process ha s
c o11d udcd. S uch noti ce concludes th e grievan ce procedure .
(3) The tees of th e mcd 1a1 or sha ll I•~ born e equa ll y by the Assu :,a ti on and the City .
{b) Arbitration.
(I) If the As so ciation requ es t~ arb itration , the parti es wi ll attempt to choose a
munrnlly agreeable ar bitrato r. If within live days of the rquest for arbitratio n the
Association and lite City ca1uiot mutually agree on an impartial arbitrator, a reques t will
be Gled wi th the Am eric an Aibitrati on Associati on f~r a panel of seven arbitrators to be
sent to th e pa rt ie s. The arbitrator shall be selec ted by n method ofnltcmntive striki ng of
nam es from tJ 1c ?at lcl, with the lirsl strike dctennined by a cuin flip . Th e fin al name left
on th e pan el shall be tJ1e arbitrator. The arbitrator shall be requ es ted to issue a decision
within th irty (30) days after conclusion of tes tim ony and argument
(2) Each party sha ll be re,:p ons il le fo r com pen sati on to its ow n rcprcscnl.l li vcs and
wi tn esses . Th e fe es of 11,c arbitratur shall be borne equally by the Associati on and the
City .
(3) If eitl·.er party des ire s a ve rbatim reco rd of the pro ceed in gs, it may cause such a
record to be made , provid ed it pa ys for the record and mak es n co py av· ilable to the
arbitrator. ff the other pa ,1:y wi shes to have a copy oftl1e transcri pt it shall share all costs
for the transcripl.
A11thnrity nf Arhitrntor.
The arb itra tor :,hall hove no power to add tu or s ubtra ct from or change tJ,e ten ns ofU,is Contract.
The wrincn decision of th e arbitrator shall be final and binding upon the parties . The arbitrator shall
limit hi s decis ion strictly to the gri evance submitted which has been properly process ed through the
f,'l'ieva ncc pro:edure outlined .
Time Li111il s
Failure by an empl oyee to compl y with any time limi lli ti on sha ll const itut e a set tleme nt of the
grie van ce. Should th e em pl oye r not respo nd within th e ?rcscri ',ed lime, the gri eva nce will automati ca ll y
proceed to the next s:.cp.
36
Grievance Option
It is agreed that should lhe appeal procedure as provided under 138 :3 of the City Charter or
applicable City policy provi sion s be utilized, recourse ro the grievance proce dure included in this Anicle
shalt be waived.
Prc,.;es ,'ng Grievance During Work HQUJ __ ,
Gri~,·ances may be inve stigated and processed by the employee durin g working hours within
reaso nab l~ time limits without lo ss of pay pro vided notice is gi ven and the work load penuits . The
emplo yee ~hall be allowed to attend hearings while on duty .
Qral and Written Corrective Action
Oral Corrective Action --Whenever groun ds for corrective action cKist and the supervisor
detennines that tlie incident, action o: be hav ior of the employee is such that mor e seve re action is not
immediately necessary, the supervisor sh ould ora lly co mmuni ca te to the employee the supervisor's
observ ation of th e pioblem and offer assi stance m correcting the situation. Wbei an ora l corrective
ac tion is given , th e supervisor should ensure that the su pervisor's log is documented to show date of the
co rrective ac tion and the nature of the corrective action . Th e employee should be advised that the
corrective action wi ll be documented in the supervisor's log .
'Yt'rittt=o Curn:1.aive Action --\Vhen the supervisor dctcnnincs that a written corrective action is
appropriate and necessary, the corrective action shall be addres sed to the employee ar,d shall include the
violation; the specific behavior and the dates of the beh av ior (when appropriate) that support the charge;
the warnin g that continuance of this behavior will re sult in dis ciplinary action ; and an offer ofossistance
in correcting the behavior.
A sigiied copy of the correct ive action by the supervisor snail be included in the employee 's
official personnel file in the Human Resources Department , and the employee shall have the opportunity
lo submit written comments in response 10 the corrective ac 1:ion to be included in the tile .
II an employee disagr ee s with the letter of correcti ve action, the employee, within seven (7)
calendar days , may request a revi ew of the written corre ctive action by th e Human Resourc es Director.
37
AR T IC LI: 30 . SUl'PLlES
A . The City will provide and mnintain supplies and equipm cn l fo r the normal operation of
1he Fi,e Dc pa1t111cnl. These include :
I . Laundry: linens and cleaning of same.
2. All kit c hen app li rrn ccs and uten sil s, and repa ir and/or repla cc mcnl o f same .
3. Private phone in each slat ion and mai1 ;tcnan cc ancVor rcp ,iir of same .
4 . Maintenance ofT.V.s and recorders.
5. Items ofhyg,cne (soap, loilct paper, etc.).
A . The provisions of this Article will be under the control of the Fire Chief. Ind iv ideal abuse
lo be dealt with on an mdividual ba sis.
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ARTICLE 3 1. DRUG TESTING AND PHYSICAL FITNESS
Drug testing and physical fitness are permissive subjects of negotiations .
The City agrees consistent witl1 Art icle 5 of the Collective Bargaining Agreement to consult with
the Union regarding the formation of any drug testing policy or physical fitness program. 1n addition, it
is not the City's intention ro instimte random drug testing now or in the foreseeable fumre .
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ARTICLE 32 . DEATH AND DISABILITY ASSESSMENT
Fo r firefighters hired on or after January I, 1997 , the contribution required by§ 31-31-8 I 1(4),
C.R.S ., shall be ass~s sed equally against the City and such firefigl ner so that fift y perc ent (50%) of the
co ntribut ion required by the state shall be assessed against the firefighter and fifty percent (50%) shall be
nsscsscrl acnin!-t the City .
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ARTICLE 33. EXCLUSNENESS OF CONTRACT
The City and the Union agree that the tenns and provision s herein contained constitute the entire
contra ct between the panies and super.;cde all previous communientions, repre sentations or agreem ents ,
eith er verbal or written , between the parties with respect to the subject matter herein . The City and the
Union agree '.hat all negotiable items have been discussed during the negotiations lcadiug t,• thi s contm ct
anci, therefore, agree that negotiations will not be reopened on any item during the life uf 11,;~ :onlrac t,
except by 11111tual con sc:o\ nf,i,~ partie s.
IN WITNESS WHEREOF , the panies have cau se d this contract to be signed by their respectiv ~
representatives and their signatures plac«J thereon, on thi s ___ day o' July , 20 ! I ,,, Fn slewood.
Colorado.
ENGLEWOOD FIRE FIGHTERS
LOCAL# 1736
Mark Burle y, EFF A Pre side nt
Josh Frederick , Lead Negotiator
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CITY OF ENG LEWOOD
Mayor
Attest:
City Clerk
City Manager
Appc11dL,A
Compulolion of Fircfi gh1cr l':i y
Three shifls (A B, and Cl provide 365 d:1y5 nf fir e covcrn gc, 24 hours a dav, fo1 a tota l of R7l!Q bulll s per
876 0 ho11rs per yea r / 3 shifl s ; 2920 hou rs per sh it\ per yea r.
i 6S <lays per ,ca r I Q_d,y cyc les = 40.55 9-ci ay ·,hifi s pe r )'ca r.
29 :!0 hours per shift pe r year / 40 5~ 9-Jay t yclcs 11cr yea r .._ 72 huurs per s hin
FL.S A law state ~ th a1 68 hours in a 9-da y cycle for fi re fi ght ers :1rc 10 h~ p:1i d :11 !-trn ight dmc :md ul:
CXCC!-S hour-.. ac nrn ll y wor ked in o 9-d:'.ly cycle are((\ be paid ul tim e un d onc•half. E11g/cwood
fi,efi>;hlc1J arc scltcJ ulcd lu wurk 71 hours in a 9-day cycle.
Th e C it y p:iys: !r-tra ig hl tirn c tn ull fir cOc htcn fnr th e fint 68 hours of th eir ass ign l.'d 72 hour wnrk
,;ch cdul c every 9 -dn y c ycle. Hours worked hch,·rc n 68 :rnd 72 in th e ;.1!.!.i ~11ctl work schedule nrc
1m hl at th e pre mium mt!! (tim e aud on e•lrnlf.) lfnppr,,vc1/ Jcm•c is use d duriu;: th e 9-duy,:yclc,
th n.o:c J,uur .'i 11rc dcdu ctcd_frum Ili c 72 lwur.,· mu/ p remium pay is ,wt puiJ ff //,r. total lr nur.,· 11r t1w lly
work ,•tl dr111• l,rlml' 6H.
EXCEPTION: In addit io•1, tli e City ;,ays time und ,mc -lwlf f ur lww~\· uvc r and ahovc rhe a.,•sig nl-d wu,-k
sc;hcdulc holffJ in a 9•day r:yr.lr. regardless of any approved, paid leave used du ri ng til e 9-day cycle.
Per 9-day cycl e ,,~,y calculati on (us ing hourly rutc fo r 2002 Firefig ht er I)
ll cg11 lu 1 hours 72 (s tra ight tim e)
l're n1 111 :n hou rs 4 (half-t ime puni on uf1 im e aud on e-half(l1ours x hourl y rale x .5))
72 hours@ 17.45 •
4 hours@ 17.45 x .S =
/]56.40
...1ilQ
I ]9 I 10 (74 ho11 r., poy (71 -(4 x . 5)) /nr 7] ho urs worked)
The ab o ve rn etl rn<l o f ca lcu lmiu n provi des th e sam e res ults us the mc1:1od slated in FLSA as foll ows :
Regu lar hours 68 (slrai ghl lime)
Prem ium hours 4 {time and onc-half (hours x hourly rale x l.5))
68 11011rs @ 17.45 =
4 hou rs @ / 7 45 x I .S =
/JIJ 6.60
;non
1191.30 (74 ho•rspay (68 + (4 > 1.5))/ur 71 huur,·
worked)
All cnmocnsa ti on is based upo n the hm!D.)· ,ra t
Annu :l l r:i1 e,.. hourly ra tl' x 29 20 hours .
Monl11l y ra le G (houd y ra lc x 2920 ho urs)/! 2.
Bi-week ly raie = (h o urly role x 292 0 ho urs)/26 .
II was requ cs lcd by lhe EF FA durin g 20 12-2013 nego tiati ons th at lh e C11y inves tigate a change 10 be ing
paid an annu al solary. Th e Ciry has agreed 10 the reque st and will meoi period 1cally with lhe EFF A
re g·rd ing ilS progr ess .
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COUNCIL COMMUNICATION
Dale Agenda ll em Subj ect
Collective Bargain ing
August 1. 201 1 11 C ii Agreement Betwee n the City ar.d
the EFFA for 2012-2013
Initiated By Staff Source
Human Reso urces D epa rtm ent I Sue [,1 ton, Direc;lo r of Hu111a 11 R~so urce!
COUNCIL GOAL AND PR EVIOU S COUl'\Cll ACT ION
Th e previous Collective Ba rgain ,ng Agr~emen1 wi th th ~ Englewood Fire Fighters Associ,1 tion was approved
by Council for 2009-201 1 in Jure, 2008.
RECOMMEl'\DED ACT IO N
Staff requests Council approval of th e Collective Bargaining Agre ement betv.•een the Englewood Fire
Fight ers Assoc iat ,-:in an d the City of Englewoo d for th e yem 2012 and 20 13 . Tl He co1111 .tc i cov e r,
aµp10,i1r1a1ely 48 emp loyees.
BACKGROUND . ANALYS IS , AND ALTE RNATIVES IDENTIFIED
The City of Englewood and 1he Enelewoorl Fire Fighters Asso:iation enlere d into negotiat ion s in May of
201 1 in accorda nce with the City oi Eng lewood Charr er. The members o f the Englewood Fire Figh ters
A ssoci ation dul1• ratFied, by a majority vole, 1he Co ll e:1ive Uargaming Agreeme nt.
The significa nt changes :o 1he co n1ra c1 are as follows :
1. The co ntr act is two years in duration.
2. No merit pay will be paid in 201 2 or 20 1 3.
J . No holida1• leave cas h-c ul will be pa id in 20 12 or 20 13 . Howeve r, employees will be paid overtime
if 1hc:• actuall y work on a Cily huliday and u nused holiday lea ve (up 10 96 hou rs) will be co nve rt ed
to car ip ensa torr tim e Ea r.h Nrwer iher.
4. W,1ges wi!I be increased by 1.5% on January I , 20 12 .
W•ges will be increased by th e "market" am ount determined by th e 201 2 sa lary survey o n January
1, 2013 .
FINANCIAL IMP ACT
The cost of Ih a changes 10 1he gene ra l fund for 20 12 will be apµrox1 m a1e l y $59,262 a11 d th e s•vi11g,
genera t ed by l ir e l;e11efit revision s wi ll be approximately $52,191 for a total cos t of $7071 The cost of ;he
changes for 2011 r annol be quan tified until the completion of th e 20 12 marke1 su rvey. The $52,191
savings w ill continue fo· 2013 .
UST OF ATTACHMENTS