HomeMy WebLinkAbout1981 Ordinance No. 064.. ~
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ORDINANCE NO. ~J/.
SERIES OF 198r---
BY AUTHORITY
7~
COUNCIL BILL NO. 67
INTRODUCED BY COUNCIL
MEMBER NEAL
AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT BY AND
BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE ENGLEWOOD FIRE
FIGHTER ASSOCIATION, EFFECTIVE JANUARY 1, 1982 THROUGH DECEMBER 31,
1983.
WHEREAS, a tentative agreement dated July 14, 1981 by and
between the City of Englewood and Englewood Fire Fighter
Association has been executed by representatives of each of the
parties; and
WHEREAS, said tentative agreement was duly ratified by a
majority of the members of Englewood Fire Fighter Association;
and
WHEREAS, Section 5-10-lO(c), as amended, requires that the
tentative agreement be approved by Ordinance duly passed by City
Council.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO:
Section 1. That the tentative agreement dated July 14, 1981 by
and between the City of Englewood, Colorado, and the Englewood
Fire Fighter Association, effective January 1, 1982 through
December 31, 1983, a copy of which is attached hereto and made
a part hereof, be and the same is hereby approved.
Section 2. That the Mayor of the City of Englewood, Colorado,
is hereby authorized and directed to execute the collective
bargaining agreement between the City of Englewood and Englewood
Fire Fighter Association dated July 14, 1981, and the Director of
Finance , ex officio City Clerk-Treasurer, shall attest the same.
Section 3. A copy of said Agreement is on file with the Director
of Finance, ex officio City Clerk-Treasurer, a summary of which
is as follows:
The Agreement between the City of Englewood and Englewood
Fire Fighter Association consists of 15 typewritten pages and
is titled "Memorandum Of Understanding Between The City Of
Englewood And The Englewood Fire Fighter Association." Duration
of the Agreement is from January 1, 1982 to and including
December 31, 1983. The Agreement recognizes the Englewood Fire
Fighter Association as an employee organization and defines those
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persons included and those persons excluded from said Association.
Employee rights are defined as well as hours of work, overtime
work, term of probation, and promotions. Annual leave accumulation
and use is provided for therein. Personal leave accumulation and
use is provided for therein. Personal leave, disability-temporary
are provided for. On-the-job injury/disability is also provided
for. Military leave, funeral leave, jury duty service and leave
of absences without pay are dealt with in the contract. Uniform
cleaning allowance, tuition refund, life insurance, dental insur-
ance and health insurance are provided for. Retirement benefits
are as defined under City Plan and State Statutes. Layoff pro-
cedure is defined. Procedure for settlement of disputes is pro-
vided for. Dues deductions, rules and regulations, bulletin
boa rds for Association activity, shift exchange, acting pay,
automobile allowance and exclusiveness of agreement protection
are provided for in said Agreement. Compensation is provided for
in said Agreement and is generally 8% for each of the years of
the contract. The foregoing is only a sununary of the Agreement
and is not intended to modify, define or interpret any of the
provisions of said Agreement, the Agreement being of full force
and effect and adopted hereby.
Introduced, read in full, and passed on first reading on the
3rd day of August, 1981.
Published as a Bill for an Ordinance on the 5th day of
August, 1981.
Read by title and passed on final reading on the 17th day
of August, 1981.
Published by title as Ordinance No.~ , Series of 1981,
on the 19th day of August, 1981 •
. ~ze~.
Eugen L. Otis, Mayor
Attest:
e~f~"'f it~reasurer
I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City
of Englewood, Colorado, hereby certify that the above and foregoing
is a true, accurate and complete copy of the Ordinance passed on
final reading on the 17th day of August, 1981 and published by
title as Ordinance No. ft..!i, Series of 1981.
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MEMORANDUM OP UNDUS'WfDIIG
BETWEEN THE
CITY OF ENGLEWOOD
AND THE
ENGLEWOOD Filll FIGH'l'Ea ASSOCIATION
This Agreement entered into by the City of ID&lewood, Colorado md the
Englewood Fire Pi&hter Aa•ociation bu u it8 purpoae the promtion of harmonious
relations between the City of ln&1-ood md it8 lllploy-, a fair and peaceful
procedure for the r .. olution of difference8; the .. tabliabamat of rate• of pay
and hours of work and other CODditian• of e111pio,._t. 'lbe City md the
Aaaociation aaree to cooperate in order to promte the hiaa.-t dear•• of employuo
performance and productivity. 'lbi• include• but 1a not lJaited to the following
conaervation of material•, manpower, and •uppliu; cornction of conditiou
causina arievancu and 1118under•tandinp; eahmciq th• public image of thia
Department and the City; reduction of ab•entewa, tardinua, carele••neaa;
elimination of improper use of leaves of absence; and iaprowaant of quality
of workmanship.
Except where limited by express proviaiona el•.,hera in thiw Asreo110nt
nothina in thia Agreement •hall be coutrued to rutrict, 11ait or impair tho
righta, powers and authority of the City u aranted to it under tho lawti of
the State of Colorado and the City'• Qiarter and Municipal Code. 'Dae rights,
powers, and authority include, but are not liaited to, the followina:
A. The determination of Fire Depart•nt policy including tho right to
manage the aff aire of the Fire Department in all r .. pecta.
B. The right to &88ign working hours, includina overtime.
c. The right to establish, modify or change work achedulew, 1ll4nniuu of
apparatus, &110unt of apparatu• in the main or reserve fleet, etc.
D. The right to direct the meabers of the Fire Depart•nt including tho
right to hire, promote, transfer or discipline or diacharae for cause, any
fire fighter within the Fire Department.
E. The table of oraaniaation of the Fire Department including the riuht
to organize and reorganize the Fire Department in any •nner it chooaew,
including the size of the Fire Depart•nt and the determination of job cluualli-
f ication and ranka baaed upon duties assigned.
F. The determination of the safety, health 41ld property protoctiun
measures for the Fire Departll8nt.
G. The allocation and ... ianaent of work to all fire fighters within thu
Fire Department.
·• H. The detenaination of policy affecting the •election or training of
fire fighters.
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I. The scheduling of operations and the cletemination of the number and
duration of hours of assigned duty per week.
J. The establishment, discontinuance, mclification ad enforce•nt of
Fire Department rules, reaulationa, md ordara.
K. The transfer of work fro11 om position to another within the Fire
Department.
L. The introductiaa of new, improved or different •thoda and techniquow
of operation of the Fire Departmmt or a chmp in aiatiq •thod1 and
techniques.
M. The placing of service, •intenmce or other work with outside
contractors or other aaenci .. of the City.
N. The determination of the nWlber of ranks and the number of fire
fighters within each rank.
o. The determination of the amount of superviaion necessary.
ARTICLE I. DQRATION OF AGREIKENT
A. This Aareement shall take effect on January 1, 1982 and shall cuntinw
in force to and including Dec .. bar 31, 1983 •
B. Thia Agreement, or any part of it, may be terminated or renegotiated
at any time by mutual conaent of both partiu.
c. If any article or section of this Aare .. nt should bo hold invalid
by operation of law or the District Court, or if compliance with or cnforcowunt
of any Article or aection should be rutrained by auch District Court, the
remainder of this Agreement ahall not be affected thereby and this Agree.noun I.:
shall remain in full ~orce and effect, and the parties shall proma>tly Ullot and
confer for the purpose of atte111>tin& to arrive at a mutually satiafacl:ory
replacement for such article or section.
D. The parties agree and understand that proviaiona ruluting to umploy\.!u:;
covered by this Aare811ent shall in no way displace or mdify pre11ent or fucu1·u
statutory or case law of the State of Colorado.
E. The parties acknowledge that durina naaotiAtiona which resulcuJ in Lhl.u
Agreement, each had the unlimited ri&ht and opportunity to llake deauanda and
proposals with respect to any aubject or .. ccer appropriate for meet and confer
discussions and that the underatmdin&• and aara-.ata arrived at by thu parcicH
after this exercise of that right and opportunity an aet forth in this AgroCAacmc.
All benefits agreed to in previous Hamorand.-of Underatading and not addroauuJJ
in this Aareemnt will continua •
ARTICLE II. RECOGNITION
The City recoanizea the Enalewood Fire Fi&hter• Association as tho umployuc.:
organization certified by the caner Service Board of the City of Knalewood
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following bargaining unit:
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Included: All full-ti• cl.uaified uploy ... of th• City lire Department
including Pire Fighter, Driver~erator-ID&iD .. r, and Lieutenant.
Excluded: Supervisor•, Manaaer• and confidential employ ... , Olief, exia ting
Captain po•itions, Battalion Olief, all DOD ••ramcy, part-ti•, temporary,
seasonal, and contractual employeu, atudenta md all employee• hired throuuh
the use of Federal, State or other outaid• fundiD& aourcea for apecial projcctti
or programs, and all other• who •Y be detend.Ded by the Career Service Board
prior to or during the life of thi• Agre•mt u provided under City Olarter.
ARTICLE III. EMPLOYEE l.IGHTS
A full-time classified employee covered by thia Aara--t ahall have the right:
A. To fora, join, aupport or participate in, or to nfrain from forming,
joining, •upporting, or participatiDI in .:sy employ•• oraaniaation or ita
lawful activitie•; and
B. Bargain collectively throuah thair certified employee repreaentative.
c. No employee shall be interferred vith, r•traimd, coerced or discri11i1u1tuJ
apinat becauae of the exarcia• of tbea• rtaht8 nor •hall the riQht of £Ml
individual employee to diacua• employa.at concern• vith the City bu infrinuuJ
upon.
ARTICLE IV. HOURS OF WORK
'nl• Fire Depart•nt •hall obaerve vorkiDI hour• neceeaary for the ef f iciunt
transaction of their re•pective ••rvicea, •uch u have b•n determined for
Fire Fighters a• follows:
1. The work week •hall conai•t of an awraa• of fif ty-aix (56) hourw
each week for employeu ... iped to ahift work which will be on a
twenty-four (24) hour alternating bui• and an averaao of forty (40)
hours per week for employeu uaignad to non-•hif t work. No thins huruin
shall be construed a• guaranteeing employeu forty (40) hours or
fifty-six (56) hours.
ARTICLE V. OVERTIME WORK
A. Shift workers shall receive overtime for dutiea performd ovor und
above the assipied work week of fifty-six (56) houn, with the hourly rate
computed on a fif ty-aix (56) hour duty week waae buia. Wben Pire Fighters
work overtime on an emergency call-back baaia, that overti• shall be computed
on a forty (40) hour duty week wage basis. If a Fire Fighter on a full 1i1hift
overtime basis works on au e•raency along with other Fire Pighter1i1 on a
call-back basis, he will be compe~ated on the forty (40) hour basis during
the period of that emergency. OYertime shall not be computed nor compe&wotion
allotted on previously accrued overtime. All non-shift worker» shall bo uxuaupt
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from the above provisions. An emergency ia defined aa a multi-alarm situation
where more than normal marming is required and mat be called back by the Fire
Chief.
B. Overtime u defined above ahall be comaeuated at a rate of time and
a half.
Discussiona will continue on the aubject of tbe ... ianeent of overtime.
If the two parties are able to reach aar••nt, the qnwnt will be illplementud
immediately and become a part of the contract. If the two parti• are wiabl.e to
reach agreement by May 1, 1982, the utter will be aent to the Career Service
Board for a hearing and determination.
ARTICLE VI. COMPENSATION
A. Employ•• covered bJ thi• Aar•-nt aball receive an eiaht percent (8%)
wage increase effective Janua17 1, 1982 and :l.n addition •hall. haw added to the
1982 base wage of each po.i tiOD, holiday ad lonpvity compenaat:l.on which toaethur
shall re•ult in the adjuatad bue waa• achedule for 1982 u follow•:
Firefighter (probationary)
Firefighter lat Claa•
Firefighter 2nd Cla ..
Firefighter 3rd Clua
Driver/Operator/Engineer
Lieutenant
$1,404
$1,.590
$1, 720
$1,851
$2,019
$2,196
B. Employees covered by thia Aara .. ent aball reca:l.ve an eight (8) percent
wage increase effective January 1, 1983 and :l.n addition ahall have addod to th~
1983 base wage of each p08i tion and holiday C011P9naation which toaether shall
result in the adjusted base waae achedule for 1983 aa followa:
Firefighter (probationary)
Firefighter l•t Claas
Firefighter 2nd .Class
Firefighter 3rd Claas
Driver/Operator/Engineer
Lieutenant
$1,.540
$1,744
$1,886
$2,030
$2,214
$2,408
C. In addition to their regular baae wap, ahift inveatigatora .wsigncd aml
authorized by the Fire Chief will receive one hundred dollara ($100) a>ur lllORth.
In addition to their regular base wage, qualified par ... dica assigned and
authorized by the Fire Chief will receive one hundred dollara ($100) pur uaontb.
ARTICLE VII. PROBATIONAllY EMPLOYllS
lbe probationary period for all newly appointed .-ploye .. ahall not be
less than twelve (12) month• from the elate of bin. After completion of the
probationary period, the employee ahall be •l1&1bl8 for peraanont s tat\W when
,. authorized by the City Manaaer.
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:• ARTICLE VIII. PROK>TIONS
A. A promoted employ•• covered by tbia Aan-t aball Mrv• a twelve
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(12) month probationary period in th9 D9I poeitioa provided, however, that aftor
having satisfactorily aerved in •aid D9I poeid• for a period of at le•t •ix
(6) months, the Fire Chief •Y nca ad pemr•t •tatua in the a. poaition
for the employee prior to th• expiration of tbe cwlw (12) month period. Should
the City Manaaer approve per119Dent •tatua for tbe ..,1oy .. prior to th•
expirat ion of the twelve (12) llOath probationary period, th• e11ploy•• ahall bG
considered to have permanent atatu..
B. Any permanent emploJ•• in the clueified Mrvice upon bein& pro110ted
to a new position in th• Career lerrice IJ•C. aMl.l baVa probatianary atatus
as set out above in any poaition to vbich he vu promoted, but aball ntain
permanent statua in hie previoua cl-ificad.• •• ._ tr-fer back or be
returned to that prniou. poeition at _, t~ duria& tba pnbationary period
at th• diacretion of the City llaaa,.r ad/or tbe ..,loJ••· lbould th• City
Manager return the employ• to bia/ber pnv10U9 poeid.OD, the employee aball
be informed of the reuou for the ntuna.
ARTICLE IX. ANNUAL LEA VI
A. Non-shift work employeu ahall be eatitlecl to fifteon (15) clay» of
annual leave each year. Annual leave aball scumalat• mnthly at thu rato
of one and one-fourth (l") day• per llGDth of active Mrri.c:a. In ordor to
qualify for annual leave credit duriaa the moDth, the ..,io,.e ... t hav. vorku~
at least one-half (~) of the vorkina day• of tbat math excluclina authoriaud
paid leave. Annual leave ahall not be arutecl to my ... loy.. watil he hu been
in the employ of the City for at leut one year •1••• otbeiviae authoriud by
the Chief. For thoee employeu havina 1 ... t"-8 tea (10) year• of continuou•
service, the maximum accumulation of annual lea,,. ahAll be thirty (30) day¥.
After ten ( 10) year• of continuou. aervice, DOD ebift work employeu ahall bu
entitled to eighteen (18) daya of umual leave eacb y•r. ADnual leave aball
accumulate at th• rate of one and one-half (lit) day• of annual leave par mo11tla
of active service. Said •xiaum accumulation ahall be forty (40) daya.
B. Shift work employ•• ahall be entitled to aeven md one-half C7'i)
shifts of annual leave each year. Annual leave for aaid •ploy••• having loaw
than ten (10) years of continuoua service shall accuaalato at thu ratu u(
fifteen (15) hour• for each llODth of active aervic:a ud the •xi•• accum-
lation shall be fifteen (15) ahif ta. In order to qualify for ul\nual luav~
credit during the month, the employee mat have worked at leut one-lu1lf (Ji)
of the working days of that 110nth exclud1na autbori•d paid loaw. A(tur tun
(10) years of continuoua aervice, ahif t work 911Ployeu ahall receive nino and
one-half (9~ shifts of leave for each year. Aalnual leave ahall accuuulatu at
the rate of nineteen (19) hour• of annual leave per 110nth of active worvicu vici1
a maximum accumulation of annual leave ahall be Dimtem (19) ahifta.
c. Accumulation of annual lea• ahall neither be authorised nor computed
for any purpose after the maximua accumulationa of aaid leave have been roached.
Employees shall not lose accuaalated leave after the •xi .. m ha bcoll ruachuJ,
if the employee baa requeated use of leave prior to •xillUll accumulation and
has been denied use of leave.
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The schedule for use of annual leave •hall be the needs of the
department. Annual leave •hall be taken at a time md approved by
the Fire Chief.
Annual Leave Pay
The rate of annual leave pay ahall be th• employ•• reaular straight time
hourly rate of pay for the employeu r .. ular job aad cbar .. d on a working hour
basis, excluding regular daya off. Annual leave aball be allowed only to the
total hourly amount accwaalated at the b .. 1maiaa of the ~. .. v.rif1ed and
authorized by the Fire Olief. laploy .. a -y receive their mnual leave pay,
provided the employee makea a written requeat to tbeir auperviaor and approved
by the Fire Chief fifteen (15) caludar d.,a prior to the atart of their annual
leave.
Minimum Ua age
There •hall be a one (1) ahift ld.n:lma uae of mnual leave ti• for ahif t
worker, and five (5) conaecutive work daJ8 for DOD-abift worken mleaa otherwi»u
authorized by the Olief.
Annual Leave Pay Upon Separation
Any employee who i• aeparatad f roa the aervice of the City, i.e. ruti ruauunt; ,
termination or layoff, ahall be C011p8U&ted for the unuaed annual leave ti1ae
accumulated at the time of .. paration.
How Charged
Annual leave for non-ah if t work employeu aball be charaed on A work. duy
basis excluding regular daya off.
Annual leave for ahif t work e11ployeu ahall be charged on a twenty-four
(24) hour baaia excludina reaular daya off.
ARTICLE X. PERSONAL LEAVE
Effective January l, 1912, all ahift work employees covered by thi11
Agreement &hall be granted ninety-aix (96) houra of personal leave with pay
which an employee is entitled to uae for the following purposo»:
A. Time loat aa a reault of illneaa/injury to the e11ployoe or th~ e1111>loyua'w
immediate family.
B. Attend personal buainua.
C. Leisure time •
For any employee who bu not UMd tba Di•C,_.ix (96) boura of peraonal louw
time ending Decellber 31, of each y•r or •1 poreioa tbenof, the City will
compensate said employee for th• unuaed ti• at CM •11Plo1 .. •• reaular wagu r"tu
to be paid the firat pay period in January of ... aucoeediq 1ear. Paraonal
leave time shall not exceed ni•t,..aix (16) boUh •r aball iC be accUlllUlato'1 ~r
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carried over from one year to the next. In the event of illneu/injury in which
personal leave is requested, the employ• .. aball aotify tbeir auperviaor at leawt
one (1) hour prior to their acbedulad reportiq tim. One peraaul leave day
shall be guaranteed per shift.
ARTICLE XI. DISABILITY -TEKPOIA&Y
Definition
Temporary diaability 1• leave aranted for non-aervice connected injury or
illness of an employee which diaability pr.vent• th& eaploy• from performing
his/her duties as a City employ•.
Provision
January l, 1982, the City aar• .. to provide t•porary diaability leave with
pay for employee'• abaent aa a r .. ult of 11h•••/1Djury at th• rate of 100% of
of the employ••'• reaular .... up to 120 cal8Dd•r u19/40 8bift1.
Tttmporary diaabili ty leave aball not be accumalativ• except that on January l
of each year the City •hall rutore 1001 of the nUllber of daya/ahifta usocl by
an employee during the preceedina year up to a .. xi•Ull of 60 day• or 20 shifts.
Utilization
A. Authorization for temporary diaability leave vitb pay sh£11 only bu
granted after the first •hift/day of diaability.
B. Authorizar ~on for temporary diaability ahall only be granted for thu
following reasons:
1 • Illness or injury of the a.,loyee Dot aerrice coanectod, includinu
maternity.
Sick Leave Qption
All sick leave accrued by e111ploy•• prior to Jaauary 1, 1980 shall vua.t
with the employee, and may be uaed in the followiq manner:
A. After the 120 dayaa aa deacribed abow, baw been u.ed, unlua.li th'-l
employee is entitled for retire11ent aa a reault of cU.a.a,ility.
B. By cashing in all accrued aick leave ac:c..ulated under the 1>revioW»
plan upon normal retirement froa th• City at the rate of ono hours pay
for each two hours of accrued aick luw at the e111ployee'• regular rate
or one hours pay for each four hour• upon aeparation fro• the City.
C. By cashing in accrued aick luw under tbe pnvioua plan, once each
year at the converaion rate of four (4) boun aic:k leave for one (1)
hour pay, not to exceed a conversion of •• cban 400 houra each year •
Reporting of Temporary Disability
The employee or a mulber of the e111plo1••'• houaebold ahall notify thu
employee' a 11uperviaor at leut 30 ainutaa prior to tbe employee' 11 au:budulad
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,. reporting time. No temporary disability le&V9 will be armted to an employee
·· who fails to notify their supervisor prior to the beaimina of the employee's
work schedule.
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Verification of Diaability
An attending physician's atatwnt will not be uce••ary until after one
(1) shift of di•ability, except when required by the Pire QU.ef. If the Chief
requires the employee to see a physician, the City will pay the coat of such
examination and/or office viait.
Abuse of Temporary Disability
Abuse of temporary disability occur• wb9n m 9111>loyee ldarepruents the
actual reason for requesting temporary duability or when an employee uses
temporary diaabili ty leave for unauthoriud purpa.u. An employee who makes
a false claim for temporary di•ability leave aball be •ubject to diaciplinary
action or dismissal.
ARTICLE XII. O•THB-JOB INJU&Y -DISABILITY
A. For any on-the-job injury which cauaea my •11Ployee to be abt1ont frow
work as a result of such injury, the City •hall pay to •uch employee his full wnnutt
from the firat day of hi• ab•ence from work up to and including the 90th calundar
day of such absence, lea• whatever auaa received by the e11Ployee as disability
benefits under workmen's compenaation. 'l'be City reaervea th• right to requiro any
employee on injury or disability leave to •ubllit to an exaaination(s) by City-
appointed phy•ician(a) at the City'• expeue or under the provision of workmen's
compensation or the retirement/pen•ion provi8ion .. provided under State Stotutu.
B. All injuriea that occur durina vorkiaa hour• •hall be ruportccJ to tho
employee's superviaor within 24 hour• of the injury or before the employee luavut1
their department of employment unle•• circumatancoa beyond the. control 0£ tbu
employee would not permit.
ARTICLE XIII. MILITARY LEAVE
A. Any permanent or probationary employee vbo enliata or is inducted inco
the military, naval, air or other armed aervicea of the United Statclli in time uf
war shall be entitled to a leave of abaence without pay for the duratiun of ~uch
war or until honorably discharged, whichever occur• first, and for one (1) year
thereafter.
B. Any employee who shall be a 11811ber of the National Guard or any other
component of the military forces of the State, nor or hereafter orcAni~ed or
constituted under the State or federal 1..,, or wbo •hall be a member of tho reuurV4.!
forces of the United States, now or hereafter orpni•d or conatitutod uncJur f•.:Jural
law, shall be entitled to leave of abaence froa hia e111Ployment without loss of pay,
seniority, status, efficiency rating, vacation, aick leave or othor bcnc.:fitlli £01·
all the time when he ia engaged with such orpn:l.ution or component in trainin&
or active service ordered or authorized by proper authority pursuant to law, whutlu.n:
for State or federal purposes, but not exceediq fifteen (lS) days in any calumlar
year. Such leave shall be allowed in C&8• the required llilitary service iw
satisfactorily performed, which a hall be pruUMd unltlaa1 tho contrary iu &:~.; &;a~U.uh4.!ll.
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• c. Such leave shall not be allowed ual••• tb9 •llPloY•• ntuma to hia public
position iumediately upon beina reU.ewd fioa aucb aUJ.tary aervico and not lutur
than the expiration of th• till• herein lildted for auch leaw, ua'•• he is
prevented from eo retumioa by phyaical or -cal diaabilitJ or other caua• not
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due to hie own fault or i• required by proper auelaositi• to ooatin• in auch
military service beyond th• tia• be~in lildted for auab i..w.
D. Subject to proviaion A, I and C abON, tbe Clcy .Ull provide full pay
to an employee granted military leave, 1•• vbatawr c-•ation the ouiployou
may have received by the military for auch aervice.
ARTICLE XIV. FUNERAL LEAVE
'lhe appointina authority •Y arant leave vitb pay to • uiployee to attend
the funeral of a ..mer of th• employ•'• f.m.~. 1be number of days granted
ehall be governed by the circ~tanc• of tbe c-, but in no event shall they
exceed five (5) calendar daya. ror tbe purpoeM of Cid.a action, "employee's
f aaily" •hall mean the •lllPlOJ••'. apouae, or tb• cld.ldmn, armdchildren, paronta'
grandparent•, brother• aad aiatara of th• ..,io,.e or of the employee's apouso
and other member• of th• flllily at the diacz.t10D of th• City.
ARTICLE XV. JURY DUTY AND WITlllSS SUVICI
Leave may be aranted to an employ• for ••rvia& GD juiy duty or aa a wit11ouH
in his official capacity in obedience to a • .., ... or direction by logal authority •
He shall be entitled to the difference betvem hi• reaular COllP8Rll&tion and tho
fees received for jury duty or u a vitn••· Wh• be is aubpoenaed as a witnows
in private litigation to teatify, not in h1a official capacity but 811 an individua!,
the time absent by reasona thereof shall be tMan u manual leave or loavc withuut
pay.
ARTICLE XVI. UNIFORM CLEAMING ALLOWAICI
If an employee is required to wear a uni.fora, the employee sh411 wour the:
unif om only •• authorized by the depart•nt vork rul.ea. All employees shall
maintain a presentable appearance while on duty. 'Dao •ployoe iw rowponwiblc
for any damaae to the uniform by nealiamc• or deliberate act. lbe City will
be responsible for providing and cleanin& of aaU uniforu. 'Ibo City will a>rovldu
50% of the coat of safety ahou up to $30.00 per y•r·
ARTICLE XVII. TUITION RIPUMD
Upon reco11111&ndation of the Fire Qaief and afcar prior approval of tho
City Manager, the City of lnaJ,evood •Y reimburM a pemanent, full-tilllO l'irc
Fighter upon aucceaaful complatiaa of m approwcl courM or courau in education
or vocational training. the courae or traild.DI ... t be mlated to tho work and
be designed to improve co11petence in the job, and be of val• to tho Fire P'i&htur' n
service to the City. Thia ahall include all tuitiOD, and i.quired tuxtw.
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his relative leagth and quality of aervice u •howD by tb• peraouel records.
Employees on layoff ahall be recalled in the order of aeld.ority provided that
those recalled have th• d..aaatrated ability ad aw qualificatiaaa to perform
the available work aa deterainad by the Clty. MJ ... ~ .. in a Id.per rank,
if laid off, aay tranafer to the previoua lowar r .. pron.led tbe ..,loyee bad
permanent atatua in the lower rank. The la,off liat aball telllinata after one
(1) year.
ARTICLE XXIII. LEAVE OF ABSDICI (WI'DIOUT PAY)
Eligibility
Permanent employeu -Y be aranted a laaw of abeence ritbout pay for nason1:1
of education which ia allied to tbe duti• of the City, Mtti..nt of an utato,
child care, aerioua illnua of a m·ber of tbe ... loJM'• fmily, but ahall not
be uaed for the purpoae of obtainiq aploJ'amt elaMan. J.eaw without pay
ahall not exceed aix (6) montba of any , .. r but •1 be excmded upon requeat for
an additional aix (6) montha. Tbe total leave tille •ball not exceed one year.
Upon return fro• approved leaw, the •llPlOJ• will be natoncl to their formr
poaition if availele or to a pmition camparable for which tbe employee is
qualified. Durina periocla of uni»aid leaw, uploy-aball not continue to accrue
service credit or be eliaible for any Ci.tY bmef ita.
Application for Leave
A requeat for a leave of abaence without pay ahall be aubllitted in writine l>y
the employee to the Fire Chief. The requMt aball inclic:ate the reason the leave
of absence ia being requeated and the approximate lm&th of leave time reques tud.
Consideration of Leave Regueat
'lbe Fire Olief may grant or deny luw nqueata, tald.q into consideration
the department'• work force, work load and the ...,loyH'• E9queat.
Failure to Baturn
Unlu• unuaual circ\IUtancea exiat, an employH vbo faila to retun1 by the
date of leave expiration ahall be conaidered to have voluntarily roalicnou Cro111
the service of the City.
ARTICLE XXIV. SE'lTLEHENT OF DISPUTES
A grievance i• defined aa an alleged violation of a apecif ic provision of
this Agreement. The employee and the Aaaociatian ahall be required to follow
the procedure aa aet out below.
Step 1
If the employee ia unable to aettle the arievaca or diapute orally und
• informally throuah hia/her 1-.diata auperv:laor within five vodt claya of the
' . date of the occurrence of th• arievanca, or the aployee'• knowledge of it, thu
employee may within the aucceeclina five (S) work claya file a written grievanco
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.• with his/her supervisor. The superviaor ahall atc.,t to adjust the •tter and
' shall respond in writing to the employee within five (5) work day•.
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Step 2
If the answer is not satisfactory, th• •ttar aball be pruented in writing
by the employee to the Fire Qaief within five (5) volt da19 following receipt
of the Fire Chief's response. 'lbe Pire Ol:lef aball napoad in writing to the
employee within five (5) work days.
Step 3
If the grievance still reaiu unadjusted, it shall be pruented by the
e11ployee to the City Manaaer in writing within five (5) woik daya following
receipt of the reaponae of the lire Olief. 'l'b• City Hanqer or his/her
de•ianated repreaentative shall reapond inwritin& within ten (10) work days.
Step 4
If the grievance i• still unaettled th• Aaaod.at:lon, within ten (10) work
day• after receipt of the anawer by th• City 11anaaer or b:la/her deaignated
representative, may by written notice requut the •tter be heard by the Caroer
Service Board. 'lbe career Service Board or :I.ta clu:lanat•d hearing officer
shall be requested to issue a decision within thirty (30) days after conclusiun
of testimony and araumnt. Each party shall be n9poD8:lbla for compensation
to its own repreaentativ• and witneaau. If e:ltMr party desires a verbatim
record of the proceedin&•• it •Y cause such a record to be •de, provided it puys
for the record and makes copies available without char&• to the other party
and to the Career Service Board or its deaianated bearinl officer. Failure by
an employee to comply with any ti.lie limitat:loa ahall coaatitute a settlcwent of
the grievance. Should the employer not r .. pond within th• preacribed time,
the grievance will auto•tically proceed to the next step.
Authority of Career Service Board
The Career Service Board or its ·deaignated hurina officor whull huvu nu
authority to add to or subtract from or change the teru of this Agreement. 'llu.1
written decision of the Board or its designated hearing officer shall be final
and binding upon the parties. 'lbe Board or ita daa:lanated hearing officer shall
limit it• decision strictly to the grievance aubmitted which hmJ buen i>rupurly
processed through the grievance procedure outlined.
Grievance Option
It is agreed that should the appeal procedure aa provided under 138:4 uf
the City Cllarter or applicable ordinance proviaiou ia utilised, recourse to the
grievance procedure included in thi• Article shall be waived.
Proceaaing Grievance During Working Hours
Grievances may be investigated and procea .. d by the e111>loyee during workin1~
hours within reasonable time limits without loea of pay provided noticu is given
and the work load permits. The employee •hall be allowed to attend hearings
while on duty.
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ARTICLE XXV. DU~ DEDUCTION
A. The City aare• to deduct the AaaociatiOD ._ ooca each moth from the
pay of those employeea who individually nqueet 1D vdtia& tbat auch deductions
be made, subject to the a•mi•hment 1.,. of tbe ltata of Colorado. 'Dae amount•
to be deducted ahall be certified to the Ci.CJ ftaance Director by the Treasurer
of the Aaaociation, and th• aaareaate daductiaaa of all ... ~-ahall be
remitted together with an itemized atat•mt to the Tnaaumr by tba 15th of the
succeeding month, after such deductions an ••· 'lb• authorisation llhall be
revokable durina the term of the Agre•mt, .-a thirty-clay written notice
by the employee to the City Finance Director.
B. Deduction shall be •de froa ODly w P8J111Dt of vaau each month,
except that if not wages are paid an autbori ... ..,io,. OD tbe l•t payday of
a given month, deduction for that llGDth will be _. from_, vaa• which may
be paid to hill/her on the next aucceediq fiaal -tbly Ci.CJ payday. It is
expre••lY underatood that the City -...-DO U.ility md ahall not be liable
for the collection or payamt to Cb• Aaeodatiola of 8DJ .._ during my time
that an employee i• not actually vorkiaa for tbe Ci.CJ mid actually on the payroll
of the City. In the event of error on the cbeckoff liat, tbe City will not be
responaible to •ke adjuatment•, until notified by the tr ... urer of the Associatiun.
c. The Aaaociation shall indetmify and bold ta. City hamloas againw t any
and all claims, suits, orders, or judg•nta brouabt or iaaued apirwt the City m;
a result of any action taken or not taken by the CiC, uacler the provision of Ua.Lu
Article •
D. Chana• in the duu amunt to be deducted aball be limited to two (2)
changes each year, and provided a thirty (30) da1 written notice ia provided thu
City Finance Director.
E. Should the change in the deduction ammt or •tbod requiru a couaputca.·
progr-1.ng change, the Maociation •hall be rupaaaible for that cost of such
change or chana•, at $30 per hour with a four (4) boura •xi.llum. Payment froua
the Association ahall be -c1a to the City finance Director vi thin ten (10) duyu
of receipt of billing.
ARTICLE XXVI. RULF.S AND REGULATIONS
Except as limited by the exprua teru of thia Aare•ent, the City rctaial:.i
the riaht to promulgate reasonable rules, reaulatiana, policiu, procudu1·c au!
directives . Said rules, regulationa, polici•, procaduma and diroctivctt
which are an alleged violation of thia Aare ... t ahall be aubjuct to the uriuvuncc
procedure.
ARTICLE XVII. BULLETIN BOARDS
'nle City agreee to provide apace in the fire etation for union bulletin
boards which shall be properly maintained by the union •d uaed for the
following notices:
1. Union meetings.
2. Union elections.
3. Report• of union committeu.
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4. Rulings or policies of th• intematioaal um.cm.
5. Recreational or social affair• of the uld.OD·
The union agreea that there ahall be no other .. aaral distribution or posting
by the union or employeu upon City property proridad, balfevar, the Olief my
permit other material not provided for above at bi.a cliacntioo to be posted or
distributed. 'lbe material pmtad aball not c:ontaiD mytbiq nflecting deroga-
torily upon the City, any of ita employ_., or my other oqani&ation of City
employees.
ARTICLE XXVIII. ASSOCIATION ACTIVITY
The City agreea that durina workiaa boura on ta. City pr•iaea md without
lose of pay, Aaaociation a.-bera •1 be aJJ.owecl tol attend Aaaociation md/or
management -•tin&•• pmt Aaaociation notic:ea, aolicit Aaaociation -llbarship
during employee's non-work tim, and repr••t ..,io, .. OD &riavancea, provided
advance notice i• &iven to the Oliaf and the vork load perm.ta.
ARTICLE XXIX. SHIFT !XawlG!
Paployeea .•Y be paraittad to aecure another nn l'i&htar of equal rank and
qualifications to substitute for th .. subject to approval of their a.upurviwor.
nie employee sub8titutin1 shall be rupomibla to work the acheduled shift and
any absence shall be charaed aaainat that employee. My request for substitutctt
shall be signed by both Fire l'iahters and approval of the auparvisor ttball al.wu
be in writing. ·
ARTICLE XXX. SUPPLIES
The City will provide supplies necuaary for tbe non1&l operation of the
Department.
ARTICLE XXXI. ACTING PAY
All acting positions will be compenaated at full pay. 'lbc eaaa>loyuc 11&uet
be in the pmition for seven (7) conaecutlva ablfta before aaid employee beco11acs
eligible for actin1 position coaapenaation. Such pay will be retroactive to the
first day said employee a .. uaea the ruponaibllltiu of the position.
ARTICLE XXXII. AUTOMOBILE ALLOWAMCE
A Fire Fighter who .is specifically authoriaed by the Cbiof to opcrutc hiw
personally-owned automobile in conduct of City bud .... • •ball be paid in adluu&c
in accordance with the City's vehicle mileage policy.
ARTICLE XXXIII. EXCLUSIVENESS or AGIEDIBllT
The City and the Association agree that tbe car.. md provision» hereill
contained constitute the entire Agre-nt betv•n the partiea and sup'1rcudu all
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previous conmunications. repreaentationa or aara..-ata, either verbal or written,
between the parties with reapect to the aubject •tter herein. 'lbe City and the
Association agree that all neaotiabla it ... bav• beesa diacu.a•d during the
negotiations leadina to thi• qreeaent ... tbanfon. qr .. that aaaotiations
will not be reopened on any it• durina th• life of tbl• Aare-nt except by
mutual agreement of the parti ...
In Witness Whereof, the parti .. have caueecl tb1a Aar.-nt to be signed by th~rf!spective rrpresentativ .. , and their al.-CUIH place thuruon, on thh
~ day of 1Wl'I _, 1981 at Bnalewoocl, Color.ao.
CITY OF ENGLEWOOD UGtlWOOD rDI rlGHTBIS ASSOCIATION
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