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HomeMy WebLinkAbout1979 Ordinance No. 034ORDINANCE NO. 34 SERIES OF 1 979 BY AUTHORITY COUNCIL BILL NO. 37 INTRODUCED BY COUNCILMAN HARPER AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE ENGLEWOOD FIREFIGHTE R ASSOCIATION, EFFECTIVE JANUARY 1, 1980 THROUGH DECEMBER 31 , 1981, APPROVING A MODIFICATION OF THE WAGE PROVISIONS CONTAINED IN THE COLLECTIVE BARGAINING AGREEMENT DATED JULY 8, 1975. WHE REAS, a Tentative Agreement dated July 2, 1979 by and be tween the City of Englewood and Englewood Firefighter Association has been e xecuted by representatives of each of the parties; and WHE REAS, on July 2, 1979, said Tentative Agreement was duly ratified by a ma j ority of the members of Englewood Firefighter As s ociation; and WHE REAS, the representatives of the City and of the Englewood Fi re fighter Association have further agreed to submit a mutual ' request to t he City Council to modify the current wage provisions contained in the Collective Bargaining Agreement of July 8, 1975 and approved by Ordinance No. 57, Series of 1975; and WHE REAS, Section 5-10-lO(c), as amended, requires that the Tentative Ag reement be approved by Ordinaly duly passed by City Council. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLE WOOD, COLORADO: Section 1. That the Tentative Agreement dated July 2, 1979 by and between t he City of Englewood, Colorado, and the Englewood Firefighter Association, effective January 1, 1980 through December 31, 1 981, a copy of which is attached hereto and made a part hereof, be and the same is hereby approved. Section 2. That the mutual request of the representatives of the office of the City Manager and representatives of Englewood Fir efighter Association to modify the current wage provisions contained in the Collective Bargaining Agreement dated July 8, 1975, approved by Ordinance No. 57, Series of 1975, whereby, effective July 1, 1979, each of the employees covered by the terms of the July 8, 1975 Collective Bargaining Agreement shall receive a 3% wage inc rease on said employee's annual salary, be and the same is hereby approved. Section 3. That the Mayor of the City of Englewood is hereby authorized and directed to execute the Collective Bargaining Agreement between the City of Englewood and the Englewood Firefighter Association dated July 2, 1979, together with the wage modification to the agreement dated July 8, 1975, and that the Director of Finance, ex officio City Clerk-Treasurer, shall attest the same. Introduced, read in full, and passed on first reading on the 16th day of July, 1979. Published as a Bill for an Ordinance on the 18th day of July, 1979. Read by title and passed on final reading on the 6th day of August, 1979. Published by title as Ordinance No. 34 , Series of 1979, on the 8th day of August, 1979. ---- Mayor J ~~···~~~e£M I,~ 8. ~do hereby certify that the above and foregoing is a true, accurate, and complete copy of the Ordinance, passed on final reading and published by title as Ordinance No. 34 , Series of 1979. Attest: .. • MEK>RANDUM OF UNDE&STANDING BE'lWEEN THE CITY OF ENGLBJOOD AND THE ENGLSIOOD FIREFIGHTER. ASSOCIATION lbis Agreemnt entered into by the City of Englewood, Colorado and the Englewood Pi refigh ter Association . has as its purpoae the promotion of harmonious relations between the City of Englewood and its Eaployeea • a fair and peaceful · procedure for the ruolution of differences; the eatabliahment of rates of pay and hours of work, and other conditions of employment. lbe City and the Association .agree to cooperate in order to promote the highest degree of employee performance and productivity. lbia includu but ia not limited to the following: conservation of . materials, manpower• and auppliea; correa tion of condition causing grievances and miaundera tandinp; enhancina the public image of this Department and the City; reduction of absenteeism, tardiness• carelessness; elimination of • improper use of sick leave; ·and improvemnt of quality of workmanship. • Except where limited by exprua proviaiona elsewhere in this Agreement, nothing in this Agre .. nt shall be construed to restrict, limit or impair the rights, powers and authority of the City aa granted to it under the laws of the State of Colorado and the City's Qiarter and Municipal Code. lbe rights, powers, and authority i~clucle, but are not limited to, the following: l. lbe determination of Fire Department policy including the right to manage the affairs of the Fire Department in all respects. 2. lbe right to assign working hours• includio& overtime. 3. The right to establiah', modify or chanp work achedules, manning of apparatus, amount of apparatus ~n t~e main or ruerve fleet, etc. 4. The right to direct the llellbera of the Fire Department including the right to hire, promote, tranafer or cliacipline or cliacharae for cause, nny firefighter within the Pin Departmnt. 5. lbe table of oraaniaation· of the Fire Department including the right to organize and reorgani• the lire Department in any •nner 1 t chooses, including the •i• of the lire Department and tbe detaraination of job classi- fication ~ ram. baaed upon dutiea uaiped. · 6. '?be detal'llination of the aafety, health and property protection , . . •aauru for the ftre Departmnt. • • Page 2 7. 'lbe allocation and uaigm.ot of voik to all firefighters within the Fire Department • 8. 'lbe detel'llination of policy affectina the aelection or training of firefighters. 9. The scheduling of operationa and the determination of the number and duration of hours of assigned duty per week. 10. The establishment, discontinuance, modification and enforcement of Fire Department rules, regulationa, and ordera. 11. The tranafer of work from one poaition to another ~ithin the Fire Department.· 12. The introduction of new, improved or different methods and techniques of operation of the Fire Department or a change in existing methods and techniques. 13. 'lhe placing of service, maintenance or other work with outside contractors or other agencies of the City. 14. The determination of the number of ranks and the nwd>er of fire- fighters within each rank. 15. The determination of the amunt of supervision necessary • ARTIQ.E I. DURATION OF AGREEMENT A. Thia Agre-ot shall take effect on January 1, 1980 and shall continue in force to and including December 31, 1981. B. Thia Agre-nt, or any part of it, may be terminated or renegotiated at any time by mutual couent of both partiu. C. If any article or sectiQn of this Aare ... nt ahould be held invalid by operation of l• or the District Court, or if compliance with or enforce~nt of any article or section should be restrained by aucb District Court, the remainder of thia Agre .. nt shall not be affected thereby and this Agreement shall reaai.i. in full force and effect, and the partiu ahall promptly meet and confer for the purpose of attempting to arrive at a mutually satisfactory replacement for such article or section. D. The parties agree and · under& tand that provisiona relating to employees covered by thia Agree•nt shall in no way diaplace or modify present or future statutory or case law of the State of Colorado. E. The parties aCknawledge that during negotiatiooa which resulted in this Agreement, each had the unlimited riaht and opportunity to make demcmds and proposals with respect to any subject or utter appropriate for meet and confer discussions and that the understandinp and aar•••nta arrived at by the parties after this exercise of that right and opportunity are set forth in this Agreement. All items agreed to in previoua·Hamorandum of Understandings and not addreaaed in this Agreement will continue. • Page 3 ARTICLE II. RECOGNITION The City recognizes the Engla1ood Firefighters Aasociation as the employee organization certified by the Career Service Board of the City of Englewood as the exclusive representative for the Fire Department employees within the following bargaining unit: · Included: All full-time, permanent, clasaified eaiployees of the City Fire Department including Firefighter, Driver-Operator-Engineer, Lieutenant, Captain, Battalion Qiief, and Deputy Chief. Excluded: All non-emergency, part-time, temporary aeaaonal, and contractural employees, a tudenta and all employeu hired through the use of federal, state or other outside fundina aources for special projects or programs, ·and all other• who •Y be determined by the Career Service Board prior to or durina the life of this Agreement. ARTICLE III. NONDISCllIMINATION A. 'lhe City will not interfere with or diacr1m.aata in reapect to any term or condition of employment agaimt any e11ploy .. covered by this Agreement because of membership· in, or legitimate activity u provided in this Agreement on behalf of the members of thia bargainina unit, nor will the City enccurage membership in another Ass.ociation. B. The Association recognizes its ruponaibility u the exclusive bargain- ing agent and agrees to represent all employeu in the bargaining wiit without discrimination, interference, restraint or coercion. ARTICLE IV. EMPLOYEE RIGHTS A. Employees of the City shall haV9 the riaht to form, join and participate in the activitiea of employee organi&ationa of their own choosing for the purpose of representation on all mattera of employee ralationa. B. Employeu of the City •lao shall ha'V9 the right to refuse to join or participate in any activities of eaiployee oraani&ationa and shall have the right to represent themaelves individually in their employ11ent relations with the City. c. No employ .. •hall be interfered with, intimidated, restrained, or coerced because of the e•rciae of thue ·rights. ARTICLE v. HOUIS or WOB The Fire Dapart•nt shall observe workina hour• nacuaary for the efficient transaction of their reapective services, auch u have b .. n determined for Firefiahter• ·u follow•: 1. 'lbe work week shall consist of an average of fifty-six (56) hours each week for eaployeea asaigned to ahif t work which will be on a twenty-four (24) hour alternating basis and an awrq-of forty (40) hours per week for employeea aaaigned to non-ahif t work. Nothing herein •hall be c·onatrued u guaranteeing employee• forty (40) hours or fifty-six (56) hours. • • • Page 4 ARTICLE VI. OVERTIME WORK A. Shift workers shall receive overti• for duti• performed over and above the assigned work week of fifty-six (56) houn, with the hourly rate coq>uted on a fifty-six (56) hour duty week wage buia. When firefighters work overtime on an emergency ·call-back basis, that owrti• shall be computed on a forty- ( 40) hour duty week wage basis. If a firefiahter on a full shift overtime basis works on an emergency along with other firefighters on a call-back basis, he will · be ·compensated on the forty (40) hour basis during the period of that emergency ·. Overtime shall not be computed nor compensation allotted on previously accrued ·overtime. All non-shift workers shall be exempt from the above provisions. An emergency is defined u a multi-alarm situation where ·more than normal m•nning is required and must be called back by the Fire Chief. ARTICLE VII. COMPENSATION · :Employees of the Fire Department and covered by this Agreement shall receive a seven percent (7%) wage increase plus $50 per month on the base wage rate effective January 1, 1980. On January 1, 1981 every member covered by this Agreement shall receive an eight perce~t (8%) wap increase in the base wage. In addition to their regular base wage, shift invee tiaators assigned and authorized by the Fire Chief will receive o~e h.~dred dollars ($100) per month. In addition to their regular base wage, qualified paramedics assigned and authorized by the Fire Clief will receive one hundred dollars ($100) per month. ARTICLE VIII. LONGEVITY COMPENSATION In addition to an employees monthly salary, the employee shall be eligible for longevity compenaation baaed upon the number of years of continuous service with the City and shall be derived from the following schedule. Years of Service Amount of Compensation 0-4 None 5-9 $12 per month for $144 per year, except for those employees who have not completed 6 full years of continuous service on December 1 of any year which employees shall receive an amount equal to $12 for each full month of completed continuous service . after c~letion of 5 years of continuous service up to December 1. 10-14 $24 per month for $288 per year, except for thoae employees who have not completed 11 full years Qf continuoua aervice on December 1 of any year which employees shall .. receive $144 plua an amount equal to $12 for each full month of completed ·continuous ·aervice after completion of ·lO years of continuous service up to December 1. 15-19 $36 per. month for $432 per year, except for those employees wh~ have not completed 16 full years of continuous aervice on December 1 of any year which employee shall receive $288 .plua an amount equal to $12 for each full month of comple.ted continuous aervice after completion of 20 years of continuous s~rvice up to December 1 • • • • Page 5 20 or more $48 per 110nth for $5 76 per year, except for those employees who have not completed 21 full years of continuous aervica on December 1 of any year, which employee aball receive $432 plua a amunt equal to $12 for each full month of c011pleted coatinuo'ua aervica after completion of 20 years of continuous service up to Decelllber 1. ARTICLE IX. PROBATIONARY EMPLOYED The probationary period for all newly appointed employees shall not be less than twelve (12) months for the date of hire. After completion of the pro- bationary period, the employee shall be eligible for permanent status. ARTICLE X. PROtl>TIONS A. A promoted employee covered by this Aar•-nt shall serve a twelve ( 12) month probationary period in the nw position. Should the appointing authority approve permanent· status for the employee ·at the expiration of the twelve (12) month probationary period, the employ .. shall be considered to have permanent a tatus. B. Any permanent employee in the cluaified aervice upon being promoted to a new position in the Career Service System shall have probationary status as set out above in any position to which he vu promoted, but shall retain permanent a tatus· in his previous classification ad may transfer back or be returned to that previous position at any ti• durina the probationary period at the discretion of the appointing authority and/or the employee • ARTICLE XI. ANNUAL LEAVE A. Non-shift work employees shall be entitled to fifteen (15) days of annual leave each year. Annual· leave shall accU11Ulate monthly at the ra:e of one and one-fourth (l")' days per month of active aervice. In order to qualify for annual leave credit during the mnth, the employee must have . worked at least one-half (Is) of the working days of that month excluding authorized paid leave. Annual leave shall not be granted to any employee until he has been in the employ of the City for at least one year unl.ua otheiwi8e authorlzed by the Olief. For those employeu having lua tha ten ( 10) years of continuous service, the .. x:imum accumulation of annual leav. ahall be thirty (30) days. After ten (10) yean of continuoua aervica, non-abift work employees shall be entitled to eiahteen (18) days of annual luv. each year. Annual leave shall accumulate at the rate of one and one-half (l'U days of annual leave per month of active service. Said maximum accumulation aball be forty (40) days. B. Shift work employeu shall be entitled to aeven and one-half (7~) shifts of annual leave each year. Annual leave :for said employees having leas than ten (10) years of continuous ••rvice aball ·accua.alate at the rate of fifteen (15) hours for each month of active aervica and the uximum accumulation shall be fifteen (15) ahifta. In order to qualify for annual leave credit during the month, ·the employee muat have worked at ·least one- half ()s) of the working days · of that month excludina authorized paid leave. After ten (10) yeara of continuous service, abift work employeea shall receive nine and one-half (91U shift• of leave for each year. Annual leave shall accumulate at the rate of nineteen (19) houra of annual leave per month of active service with a maximum accumulation of annual leave shall .be nineteen (19) •hifta. • • • Page 6 c. Accumulation of annual leave shall neither be authorized nor computed f or any purpose after · the maximum accumulations of aaid leave have been reached • Emp loyees s hall not· loose accuaul.ated leave after the vxtmum has been reached, i f the employee bu requested use of leave prior to maximum accumulation and has b een denie d uae of leave. Use The schedule for use of annual leave shall be determined by the needs of the depar tmen t. Annual leave shall° be taken at a time convenient to and app r oved by the Fire Chief. Annual Leave Pay The rat e of annual leave pay shall be the uployeea regular straight time hourly rate o f pay for the employees regular job and charged on a working hour basis , excluding reaular days off. Annual leave ahall be allowed only to the total hourly amo unt accumulated at the beginning ·of the leave, as verified and autho rized by the Fire Chief. Employeea may receive their annual leave pay no ear lier than t h ree (3) days prior to the start of their annual leave, provided the employee mak• a written request to their auperviaor and approved by the Fire Chief fif t e en (15) calendar days prior to the atart of their annual leave. Minimum Usage There shall be a three (3) consecutive shift minimum use of annual leave time for shift worker, and five · (5) consecutive work days for non-shift workers unless otherwise authorized by the Chief. Annual Leave Pay Upon Separation Any eaq>loyee who is separated from the service of the City, i.e. retirement, termination or l ayoff, shall be compensated for the unuaed annual leave time accumulated at the time of separation. In the cue of voluntary separation, the employee shall be required to give two (2) weeks notice to the City. How Charged Annual leave f or non-shift work employees shall be charged on a work day basis excluding regular days off. Annual leave for shift work employees ahall be charged on a twenty-four (24) hour basis excluding regular days off. ARTICLE XII. PERSONAL LEAVE Beginning J anuary 1, 1980, all employeu covarad by thia Agreement shall be g r anted 4 a hifta/days personal leave with pay which a employee is entitled to use for the following purposes: 1. Time l ost aa a result of illneaa/injury to the employee or the employees iaaediate f amily • • 2. Attend personal business. 3. Leisure ti•. • • Page 7 For any employee who has n9t used the 4 shifts/days of personal lenve ending December 31. of each year or any portio~ thenof • the City will compens.:lte said employee for the unuaed time at the employeu regular wage rate to be p•lid the last pay period in December of each year. Personal leave time shall not exceed 4 shifta/days nor shall it be accumulated or carried owr from one year to the next. In the event of illness/injury in which peraonal leave is requested, the employee shall notify their supervisor at leaat one (1) hour prior to their scheduled reporting time. ARTICLE XIII. DISABILITY-TEMPORARY (NON-SERVICE) Definition Temporary diaability is leave granted for non-service connected injury or illness of an employee which disability preventa the employee from performing his/her duties as a City employee. Provision Effective January 1, 1980, the City agreu to provide · temporary disability leave with pay for employees absent as a result of illness/injury at tht rate of 100% of the employees regular wage up to 120 calendar days/40 shifts of disability. Temporary disability leave shall not be accumulative except ·that on January 1 of each year the City shall restore 100%of the number of days/shifts used by an employee during the preceeding year up to a maximum of 60 days or 20 shifts. · Utilization A. Authorization for te111porary disability leave with pay shall only be granted after the first shift/day of disability. B. Authorization for temporary disability shall only be granted for the following reason: · 1. Illness or injury of the employee not service connected. including maternity. Sick Leave Qption All sick leave accrued ·by permanent employeu prior to January 1, 1980 shall vest with the e111ployee, and may be uaed in the following manner: 1. After th• 120 days u du cribed ·above have b .. n uaed, unless the employee is eli&ible for retire•nt u a ruult of diaability. 2. By cuhina in all accrued a:l.ck leaw accumulated under the pre·lfious plan upon norul ret1r-nt from the City at the rate of one hours pay for each two boura of accrued aick leaw at the employees regular rate or one hours pay for each four hours upon separation from the City • . Reporting of Temporary Disability lbe employee or a •lllber of the employeu houaehold shall notify the e11ploye• auperviaor at leut 30 minutu prior to the employees scheduled • Page 8 reporting time. ·No temporary disability leave will be granted to an employee who f aila to notify their supervisor prior to the beainning of the employees work schedule. Verification of Disability An attending physician's statement will not be necessary until after two (2) shifts of disability, except when required by the Fire Chief. If the Chief requires the employee to see the phyaician, the City will pay the cost. Abuse of Temporary Disability Abuse of temporary disability occurs when an employee misrepresents the actual reason for requesting temporary disability or when an employee \U.tes temporary disability leave for ·unauthorized purpo••· An employee who nakes a false claim for temporary disability leave ahall be aubject to discip:inary action or dialli:aaal. It is agreed that after January 1, 1981 the Aaaociation and/or the City may request that the ~!f&=Temporary (Non-Service) provision as provided above be reopened · for • ~ In the event· that agreement cannot be reached concerning said disability plan, the dispute shall be submitted to the Board of Career Service Commissioners .. as . p:covided mder Step 4 Q.f . . ~ ¥ Article XXVI of this Agreement. .D. tUJ«:J ARTICLE XIV. ON THE JOB INJURY -DISABILITY ~,2 -~11/llf ev;e~~ ~i ?-//-7'J • A. For any on the job injury which causea any employee to be absent from work as a result of such injury, the City shall pay to such employee his full wages from the first day of his absence from work, up to and including the 90th calendar day of such absence, less whatever sums received by the employee as disability benefits under workmen's coq>ensation. The City reserves the right to require any employee on injury or disability leave to submit to an examination(s) by City-appointed phyaician(s) ·at the City's expense or under the provision of workmen's compensation. B. All injuries that occur during working hours shall be reported to the employee's supervisor within 24 hours of the injury or before the employee leaves their department of employment unleas circumtances beyond the control of the employee would not permit. ARTICLE rv. MILITAKY LEAVE A. Any permanent or probationary employee who enlists or is inducted into the miliary, naval, air or other armd aervic:aa of the United States in time of war ahall be entitled to a leave of abaence without pay for the duration of such war or until h~norably discharged, whichaver occura first, and for one (1) year thereafter. B. Any employee who shall be a member of the National Guard of any other component of the llilitary forces of the state, now or hereafter organized or constituted under state or federal l•• or who ahall be a mmber of the reserve forces of the United ,States, now or hereafter oraani&ed or constituted under federal lmt, •hall be entitled to leave of abaance from his employment · without loss of pay, seniority, status, efficiency ratina. vacation, sick leavt~ or • • • other benefits for all the time when he ia enppd with auch organization or coaponent in training or active service ordered or authorized by proper authority purauant to law, whether ·tor state or federal purpoau, but not exceeding fifteen ( 15) days in any calendar year. · Such leave •hall be allowed in case the required military aervice i• aatisfactorily performd~ which •hall be presumed wiless the contrary ia eatablished. C. Such leave shall not be allowed unlua the employee retums to his public position imaediately upon being relieved ·froa auch military service and not later than the expiration of the time herein lillitad for such leave, unless he is prevented from so returning by physical or 119Dtal diaability or other cause is not due to his own fault or is requi~d by proper authorities to continue in such military service beyond the time herein limited for such leave. ARTICLE XVI. FUNERAL LEAVE The appointing authority may grant leave with pay to an employee to attend the funeral of a member of the employee's family. The number of days granted shall be go.,,.rned by the circW11Stances of the cue, but in no event shall they exceed five (5) calendar days. For the purpoae ot thia aection, "employee's family" •hall mean the employee's spouse, or th• children, grandchildren, parents, grandparents, brothers and sisters of the employee or of the employee's spouse and other members . of the family at the diacretion of the City. ARTICLE XVII. JURY DUTY AND WITNESS SERVICE Leave may be granted · to an employee for ••rvin& on jury duty or as a witne•• in hi• official capacity in obedience to a aubpoena or direction by legal authority. ·He shall be entitled to the difference between his regular coapenaation and the fees received for jury duty or u a vi tneas. When he is subpoenaed u a witness in private litigation to testify, not in his official capacity but aa an individual, the ti• abaent by ruaona thereof shall be taken as annual leave or leave without pay. ARTICLE XVIII. UNIFORM CLEANING ALLOWANCE If an employee is .required to wear a unifora, the eaployee shall wear the uniform only aa authorized by the . departmnt work rulu. All employees shall maintain a presentable appearance while on duty. 'Dae employee is responsible for any damage to the uniform by negligence or deliberate act. 'lbe City will be responsible for providing and cleaniq of •aid UDiforma. ARTICLE XIX. TUITION REFUND Upon rec01111111ndation of the departllant head and after prior approval of the City Manager, the City of lnglawood aay reillburae a perunent, full-time firefighter upon aucceaaful C011Pl•tion of an approwd course or courses in education or vocati.onal training. 1'he course or trainina mua t b~ related to the work and be deaignad to improve COllP•tence in th• job, and · be of value to the firefighter'• aervice to the City. 'Dai• ahall include all tuition. and required texta. il.fiCLE XX. LUI IISUIAHCE . f Tera life inaurance will be provided by the City for employees covered by thia Agr•••nt of $20,000 for each e11ploy••· A conwraion privilege upon retire .. nt of SO% coverage payable by the employH will be made availabla by the City for aaid retired eaployee. • • • Pa ge 10 ARnCLE XXI. DENTAL INSURANCE Baaed upon the 1979 dental inaurmca pr-1.ua ratu, the City shall provide coverage for the City Dental Inaurmca Plm of 1001 for ainale and dependent policyholdera. Employees shall aaauma any prall:lua rate increase during che life of thia Agreement in· excess of $30 per month. (For description of L~e coverage, see the City Dental Insurance Plan.) ARTICLE XXII. HF.AI.TH INSURANCE -EMPLOYEES/UTIUIS A. City funding of the coverage for th• City Health Insurance Plan will be 100% for single and dependent cover•&•· Employau aball assume any premium rate increase during the life of this Aaree•nt in axcus of $120 per month. (For description of the coverage provided, •• the City Health Insurance Plan.) B. Health insurance coverage for current retireu only, will be provided by the City on a non-participating bui•. 'l'he cowraa•. will coordinate with Medicaid and Medicare wherever applicable. l'utun ratiraea will be guaranteed conversion privileges to the Health Insurance Plan availmle through the City. 'lbe City will pay f i~ty percent (50%) of the coat of cowraae of the conversion plan up to a maxillUID of $5~ per month. ARTICLE XXIII. RETillEMENT BENEFITS The retirement benefits for employees covend by this Agreement are set forth in Title II, Olapter 1, Sections 8 throu&h 12 of the Enalewood !tlnicipal Code and Colorado State Statutes • Employee contribution shall be as provided for under state laws. ARTICLE XXIV. LAYOFF Whenever there is lack of work, lack of funda, or other legitimate reasons requiring reductions in the number of employ .. a, the appointing authority shall designate the positions in which the layoff i• to be made. Upon such determi- nation, the required number of employees in the affected position shall be pl.need on a layoff list or transferred by the appointing authority, each in order of his relative length and quality of se~ce u ·~ by the personnel records. Employees on layoff shall be recalled in the order of aeniority provided that those recal.led have the demonstrated ability and .... qualifications to perform the available work as determined by the City. 'Iha layoff list shall terminate after one ye~r. ARTICLE XXV. LEAVES OF ABSENCE (WITHOUT PAY) ('lhi• Article ahall replace Section S-3-12 of ·tha ln&lawood Mwiicipal Code.) Eligibility Per.meat eq>loyees may be granted a luw of abMnca without pay f~r reasons of education which is allied to the duti• of the City, settleme:it of an estate, child care, serious illne8• of a ...mer of the employees family, but shall not be uaed for the purpose of obtainina e11ployment elsewhere. Leave without pay shall not 'exceed six (6)' months of any year but may be extended upon request for an additional six (6) montha. 'lb• total leave ti.me shall not exceed one (l) year. Upon retum froa approwd lMw, the employee will be • • P~ge 11 restored to their former position if available or to a position comparable for which the employee is qualified. During the periods of unpaid leave, employees shall not continue to accrue service credit or be eli&ible for any City benefits. Application for Leave t A request for a leave of · absence without pay shall be submitted in writing by the employee to the employees Fire Qiief. 1.'be request shall indicate the reason the leave of absence is being requested and the approximate length of leave time requested. Consideration of Leave · Request 'lbe Fire Qiief aay grant or deny leave requeata, taking into consideration the departments work force, work load and the employees request. Failure to Return Unless unusual circumstances exist, an employee who fails to retum by the date of leave expiration shall be considered to have voluntarily resigned from the service of the City. ARTICLE XXVI. SETTLEHENT OF DISPUTES A grievance is defined as a claim .or dispute by ·an employee or employees covered by the terms of this Agreement concerning the interpretation or appli- cation of this Agreement. The Association and the employee shall be re~uired to follow the procedure as set .out below. Step 1. If the employee is unable to settle the grievance or dispute orally and informally through bis/her iaaediate supervisor within five (5) work days of the date of the occurrence of the grievance or the employee's knowledge of it. 'nle employee may within the succeeding five (5) work days file a written grievance with his/her supervisor. The supervisor shall attempt to adjust the matter and shall respond in writing to the employee within five (5) work days. Step 2. If the answer is not satisfactory, the matter shall be presented in writing by the employee to the Fire Qiief within five (5) work days after the supervisor's response is due. 1.'be Fire Chief shall reapond in writing to the employee within five (5) work days. Step 3. If the grievance still remains unadjusted, it shall be presented by the employee to the City Manager in writing within five (S) work days after the rupoue of the Fire Qiief is due. lbe City 1Manager or bis/her designated representative ahall respond in writing within ten (10) work days • • • : Page 12 Step 4 . If the g rievmce ia atill maaettled, t .be e111ployee within ten (10) work days after the rep l y of the City Manaaar ·or hia/her deaipaated representative is due, may be written notice requeat the ·utter be heard by the Career Service Board. The Ca r eer Se rvice Board or ita designated hearina officer shall be requested to issue a de cision within thirty (30) days after concl usion of testimony and argument. Each party shall be reaponaible ·for coapenaation to its own repre- sentatives and witnesses. If either party d•iru a verbatim record of the proceedings, it may cause such a record to be made, provided it pays for the record and makes copiea available without charaa to the other party and to the Career Service Bo ard or its designated heariq. .officer. Failure by an employee to comply with a ny time limitation ahall conatitute a aettlement ·of a grievance. Should the employer not respond ·within the preacribed time, the grievance will automatically proceed to the next step. Authority of Ca r e er Service Board The Career Service ·Board or its deaipiatad hearing officer shall have no power to add to or subtract from or change the term of this Agreement. The written decision of the Board or its deai&natad hearing officer shall be final · and binding upon the parties. 1be Board or 1 ta deaianated hearing officer shall limit ita decision stricUy to the grievmce aubllitted ·wtiich has been properly proceaaed through the grievance procedure outlined. Any hearing officer shall be selected by mutual agre .. nt ·of the parties •. Grievance Option It is agre e d that should the appeal procedure u provided under 5-3-13 of the l'llnicipal Code be utilized, recourae to the arievance procedure included in this Article s hall be waived. Processing Grievance During Working Hours Grievances may be investigated and procea .. d by the employee during working hours within reas onable time limits without loss of pay provided notice is given and the wo rk load permits. The employee shall be allowed to attend hearings while on duty. ARTICLE X.XVII. DU ES DEDUCTION A. The Ci ty agreea to deduct the Association dues once each month from the pay of those employee& who. individually request in writing that such deductions be ma de, aubject to the gamiahmnt l•• of the State of Colorado. 'lhe amounts to be deducted shall be certified to the City Finance Director by the Treasur er of the Association, and 'the aaar•aate deductiona of all employees shall be remitted together with an itemiud ·atate•nt to the ·Treasurer by the 15th of the s ucceeding month, after such deductions an uda. The authorization shall be revokable during the term of the Aare-nt, upon a thirty-day written notice by the uployee to the City Finance Director. B. Deduc tions shall . be made from only one payment of wapa each month, except that if Do wagea ate paid an authori&in& ·employee on the last payday of a given mon th, dedu'ction for that month will be •de from any wages which may be paid to him/her OD the next aucceedina final monthly city P.ayday. It is expressly u nderstood that the City uauau DO liability and ahall not be • • P ge 13 liable for the col1-ct1on or payment to the Aaaociation of any dues during any time that an employee ianot actually workiD& for the City and actually on the payroll of the City. In the event of error on the checkoff liat, the City will not be reapoaaible to .U.e acljuatmnta, until notified by the Treasurer of the Aaeociation. C. The Aaaociation ·shall indmnify and hold the City harmless against any and all clai•, euita, ordera, or juda-nt• brouaht or issued against the City as a reault of any action taken or not taken by the City under the provisions of this Article. D. Clang• in the dues amount to be deducted shall be limited to two (2) changes each year, and provided a thirty (JO) day written notice is provided the City Finance Director. E. Should the change in the deduction amount or method require a computer prograaaing change, the Association shall be reapouible for the cost of such change or changea, at $25 per hour with a ••ld•ua of four (4) hours. Payment from the Association shall be :made to· the City Finance Director within ten (10) days of receipt of billini. ARTICLE XXVIII. llULES AND UGULATIONS Except u liaited by the express terma of thia Aaree1Dent, the City retains the right to proaulgate reasonable rule•,· regulationa • policies, procedures and directiv..a. The reuonablenaas of said rul.ea, reaulations, policies, ·procedures and dutiea aball be aubject to the grievmce procedure • ARTICLE XXIX. BULLETIN BOARDS The City agrees ~o provide· apace in the fire station for union bulletin boards which a hall be properly maintained by the union and used for the following notices: 1. Union meetings. 2. Union elections. 3. Reports of union comittees. 4. Rulings or policies of the international union. 5. Recreational or eocial affairs of the union. The union agrees that there shall be no other pneral distribution or posting by the union or employees upon City property provided, however, the Chief may permit other . material not provided for above ·at hi• discretion to be posted or distributed. The material po.ted ahall not contain anything reflecting deroga- torily upon the City, any of ita employeu, or any other organization of City employees. ARTICLE XXX. ASSOCIATION A$;TIVITY The City agrees 'that during working hours on the ~ty premises and without loss of pay; Association representatives may be allowed to: attend Association • • Page 14 and/or Kanage•nt •etings, poet Association noticea, solicit Association member- ship during employee'• non-work time, and repr .. ent employees on grievances. ARTICLE XXXI. SllD'T EXCHANGE Employees may ·be pet'llitted to secure another firefighter of equal rank and qualificatiom ·to substitute for tha · aubject to approval of their supervisor. 'nle employee substituting shall be reaponaible to work the scheduled shift and any absence shall be charged agaimt that employee. Any request for substitutes shall be signed by .both firefightera and approval of the supervisor shall also be in writing. ARTICLE X.XXII. SUPPLIES . The City will provide supplies necessary for the normal operation of the Department. ARTICLE XXXIII. ACTING · PAY All acting positions would be coq>enaated at full pay. The employee must be in the position for a period of thirty (30) conaecutive calendar days before said employee beco•• eligible for acting position compensation. Such pay will be retroactive to the first 'day of said employee aaaumas the responsibilities of the position. ARTICLE XXXIV. AUTO!l>BILE ALLOWANCE A firefighter who is specifically authorized by the Qiief to operate his personally-owned automobile in conduct of City business shall be paid in mileage in accordclce with the City'• vehicle mileap policy. ARTICLE XXXV. EXCLUSIVENESS OF AGREEMENT The City and the Association agree that the terma and provisions ht!rein contained constitute the entire 'Agreement between the parties and supcrccdc all previous coDDunications, repreaentatio~ or agreements, either verbal or written, between the parties with respect to the subject matter herein. The City and the Association agree that all negotiable itell8 have been discussed during the negotiations leading to this Agreement and, therefore, agree that negotiations will not be reopened on any ·item ·during the life of this Agreement except by mutual agreement of the parties. CllY OF ENGLEWOOD ~· • • Thia Agreement entered into by the authorized City representatives and the Englewood Firefighter Aaaociation aball be a mutual request of the above named parties that the City Council llOdify the current wage provisions as contained in the 1976 Memorandum of Underatanding, to reflect that effective July 1, 1979, that each employee covered by the terms of the 1976 Memorandum of Un4eratand1-i& receive a 3% wage increase on his/her annual aalary. 'nle partiea reapectful~y requeat thia llOdification and by their reapective repreaentativea have placed their aianaturea thereon, on this 2nd day of July, 1979, at Bnalevoocl, Colorado.