HomeMy WebLinkAbout2006 Resolution No. 068•
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RESOLUTION NO. t:l[_
SERIES Of 2006
A R!::SOLUTION AUTHORIZING THE COLLECTIVE BARGAI M 'lG CONTRACT
BETWEEN THE ENGLEWOOD FIREFIGHTERS LOCAL NO. 173G AND THE CITY OF
ENGLEWOOD FOR THE YEARS 2007 AND 2008.
WHEREAS. 1he Englewood City Council au1horized 1he Collec1 i,·c Bargaining Contracl
belween 1he Englewood Fire fighlers Looal No. 1736 and lhe Cil, or Englewood fo r 1he years
2005 lhrough 2006 , by 1he passage of Resolu1ion No. 34 , Series of :006 : and
WHEREAS, 1he Englewood City Council aulhorized 1he Collec1i ve Bargaining Contract
between the Englewood Firefig hters Loc•I No. 1736 and lhe City f Englewood for the years
2003 and 2004, by the passage ofResolu1ion 52 . Series of2000 ; and
WHEREAS , the Englewood City Coun ci l aulhorized lhe Collec1ivc Bargaining Contrac t
between the Englewood Firefighters Local No . 1736 and the City of Englewood for lhe years
I 999 and 2000, by the passage of Re sol ution I 07 , Series of 1998: and
WHEREAS , th e City of Englewood and 1he Englewood Firefighters Local No. 1736 enlered
into negotiations in May, 2006 in accordance with the Eng lewood Ci ty Home Rule Cha ne,: and
WHE REAS, lhe members of the Englewood Firefighters Local No . 1736 dul y ratified, by a
majori1y oflhe membe rs , lhe Co ll cc 1ive Barga in ing Co n1rac 1: and
WHEREAS , cha nges 10 1he Conlracl are as follow s:
(I) Employees cove red by lhe Conlracl will receive a 2.65% increase on 2006 base
wage rale effec 1ive Janua ry I. 2007 ;
(2) A markel adjustmenl. based on lhe salary survey 10 be conducled in lhe third
qu aner of 2006 , will be made on Janu ary I, 2007 in additio n to No. I. above :
(3) A mark el adjuslmenl, based on lhe salary survey lo be conducled in lhe third
quaner of 2007 will be made on January I, 2008:
(4) The employer contribulion 10 heahh/denlal premiums will no longer be 85% for all
levels of coverage. The City will comr ibu1e 90%, 85% or 80% depending on
coverage le ve l: and
(5) The City will add 8 hours of holiday pay /lime to 1he current 72 hours:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
~-The City Council of the City of Englewood, Colorado hereby approves the
Collective Bargaining Contract between the Englewood Firefighters Looal No . 1736 and the City
uf Englewood for the Years 2007 and 2008, attached hereto as Exhibit A .
~-The Mayor and the City Clerk are hen,by authorized to sign and anest the •
Collective Barpinln11 Contract between the En11lcwood fln,fiahters Local No . 1736 and the City
of En11lewood. Colorado, for the Yean 2007 and 200R .
ADOPTED AND APPROVED this 10th of Jul y. 2006 .
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COLLECTIVE BARGAINING CONTRACT
BETWEEN
THE ENGLEWOOD FIREFIGHTERS LOCAL 1736 • AND
THE CITY OF ENGLEWOOD
FOR THE YEARS 2007 AND 2008
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• INDEX
ARTICLE RECOGNITION Page 3
ARTICLE 2 EMPLOYEE RIGHTS Page4
ARTICLE BULLETIN BOARDS Page S
ARTICLE 4 DUES DEDUCTION Page6
ARTICLE s RULES AND REGULATIONS Page 7
ARTICLE 6 DURATION OF CONTRACT Page8
ARTICLE 7 HOURS OF WORK Page9
ARTICLE 8 COMPENSATION Page 10
ARTICLE 9 OVERTIME Page 12
ARTICLE 10 ACTING PAY Page 14
• ARTIC LE II ANNUAL LEA VE Page IS
ARTICLE 12 PERSONAL LEAVE Page 16
ARTICLE 13 SHORT TERM DISABILITY -STD Page 17
ARTICLE 14 WORKERS ' COMPENSATION Page 19
ARTICLE 15 MILITARY LEAVE Page 20
ARTICLE 16 FUNERAL LEA VE Page 21
ARTICLE 17 JURY DUTY AND WITNESS SERVICE Page22
ARTICLE 18 HOLIDAYS Page 23
ARTIC LE 19 VOTING LEA VE Page 24
ARTICLE 20 TRADING TIME Page 2S
ARTICLE 21 UNPAID LEA YES OF ABSENCE Page26
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l.1i..l2..U • (C ONTINUED)
ARTICLE 22 UNIF ORMS
Page27
ARTICLE 23 MILEAGE REIMBURSEMENT Page 28
ARTICLE 24 INSURANCE
Page29
ARTICLE 25 LIFE INSURANCE
Page 30
ARTICLE 26 RETIREE HEAL TH INSURANCE REIMBURSEMENT Page 31
ARTICLE 27 LAY OFF
Page 32
ARTICLE 28 TUITION REIMBURSEMENT/DEGREE ACHI EVEMENT
RECOGNITION
Page 33
ARTICLE 29 SETTLEMENT OF DISPUTES
Pagc34
ARTICLE 30 SUPPLIES
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ARTICLE 31 DRUG TESTING AND PHYSICAL FITNESS Pagc38
ARTICLE 32 DEA TH AN D DISABILITY ASSESSMENT Page 39
AllTICLE 33 EXCLUSIVENESS OF CONTRACT
Page 40
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COLLECTNE BARGAINING
CONTRACT BETWEEN
THE ENGLEWOOD FIREFIGHTERS LOCAL #1736
AND THE
CITY OF ENGLEWOOD
FOR THE YEARS 2007 AND 2008
This contract is entered into by and between the City ofEnglewood (hereinafter referred to as
the "City") and the Englewood Firefighters (hereinafter referred to as the "Union ").
It is the purpose of this contract to achieve and maintain harmonious relations between the
City and the Union; to provide for equitable and peaceful adjustment of differences which may arise,
and to establish proper standards of wages, hours and other conditions of employment.
Except where limited by express provisions elsewhere in this contract, nothing in this
contract shall be construed to restrict, limit, or impair, the rights , powers and authority of the City as
granted to it under the laws of the United States, the State of Colorado and the City's Charter and
Municipal Code . The rights, powers, and authority include , but are not limited to, the following :
A. The determination ofFire Division policy including the right to manage the affairs of
the Fire Division in all respects .
B. The right to assign working hours, including overtime .
C. The right to establish, modify or change work schedules , manning of apparatus,
amount of •pparatus in the main or reserve fleet, etc.
D. The right to direct the members of the Fire Division including the right to hire,
promote, transfer or discipline or discharge for cause, any firefighter within the Fire Division .
E. The table of organization of the Fire Division including the right to organize and
reorganize the Fire Division in any manner it chooses, including the size of the Fire Division and the
determination of job classification and ranks based upon duties assigned .
F. The determination of the safety, health and property protection measure for the Fire
Division .
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The allocation and assignment of work to all firefighters within the Fire Division .
The determination of policy affecting the selection or training of firefighters .
I. The scheduling of operations and the determination of the number and duration ofhoun
of assigned duty per week .
J. TI1e --1ablishment, discontinuance, modification and enforcement of Fire Division rules,
regulations and orders .
K. The transfer of work from one position to another within the Fire Division.
L. The introduction ofnew, improved or different methods and techniques ofoperation of
the Fire Division or a change in the existing methods and techniques .
M. The placing of service, maintenance or other work w,th outside contractors or other
agencies of the City.
N. The determination of the nwnberof ranks and the nwnberoffirefighters within each rank.
0. The determinatio n of the amount of supervision necessary.
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ARTICLE I. RECOGNITION
The City recognized the Union u the organization certified punuant to the Charter of the City vf
Englewood, u the sole and exclusive collective bargaining agent for all full-time classified Englewood
Fitt:fighten including Fitt:fighter, Driver-Operator-Engineer, Firernedic and Lieutenants . The City agrees
that it will not decertify or withdraw recognition of the Union as a result of any member of the
bargaining unit serving temporarily in an acting capacity in a position outside c,fthe bargaining unit.
ARTICLE 2. EMPLOYEE RIGHTS
See Article XV, "Englewood Employee Relations and Career Service System Act -I 981" of the Home
Rule Charter of the City of Englewood . Exhibit I.
See related City Of Englewood Policies :
• # 6 Equal Employment Opportunity/Harassment
• #47 Violence In The Workplace
Exhibit II
Exhibit Ill
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ARTICLE 3. BULLETIN BOARDS/UNION ACTIVITY
A. The City agrees to provide space in the fire S·,
properly maintained by the Union. They are to be used for t.
I. Union meetings .
2. Union elections .
3. Reports of Union comm ittees.
• for Union bulletin boards that shall be
•-llowing notices :
4. Rulings of policies of the International Union .
5. Recreational or social affairs of the Union .
B. The Union agrees that there shall be no other general distribution or posting by the Union
or employees upon City property, provided, however, the Director of Safety Services may permit other
material not provided for above at his/her discretion to be posted or distributed . The material posted
shall not co lain anything reflecting derogatoril y upon th~ City, any of its employees, or any other
organization of City employees . The City agrees that during working hours on City prcmis1 s and
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 an employee on grievances, or appeals , provided advance notice
is given to the Director and the work load permits . The City shall provide relief for Union negotiators
who are on duty during scheduled negotiating sessions .
ARTICLE 4. DUES DEDUCTION
A. The City agrees to deduct the Union dues from each bi-weekly paycheck of those
employees who individually request in writing that such deductions be made, subject to the garnishment
laws of the State of Colorado. The amounts to be deducted shall be certified to the City Director of
Human Resources by the Treasurer of the Union, and the aggregate deductions ofall employees shall be
remitted together with an itemized statement to the Treasurer by the I 5th of the succeeding month, after
such deductions are made. The authorization shall be revocable during the term of the Contract, upon a
thirty (30) day written notice by the employee to the City Director of Human Resources.
B. It is expressly understood that the City assumes no liability and sh all not be liable for the
collection or payment to the Union of any dues during any time that an employee is not actually working
for the City and actually on the payroll of the City . In Llie event of error on the checkoff list, the City will
not be responsible to make adjustments, until notified by the Treasurer of the Union .
C. The Union shall indemnify and hold the City harmless against any and all claims, suit ,
orders or judgment brought or issued against the Cit; as a result of any action taken or not taken by the
City under the provision of this Article.
D. Changes in the dues amount to be deducted shall be limited to two (2) changes each year
and provided a thirty (30) day written notice is provided to the City Director of Human Resources .
E. Should the change in the deduction cmount or method require a computer programming
change, the Union shall be responsible for the cost of such change or changes, at $30 .00 per hour with a
four (4) hour maximum. Payment from the Union shall be made to the City Director of Finance and
Administrati ve Services within ten (10) days of receipt of billing.
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ARTICLES . RULES AND REGULA110NS
A. Except u 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 and directives which are an alleged violation of this contract shall be subject to the
grievance procedure.
B. The City agrees to consult with the Union concern ing the fonnulat i,m of changes of
rules and regulations, policies, procedures and directives .
ARTICLE 6. DURATION OF CONTRACT
A. This contract shall take effect on January I, 2007 and shall continue in force to and
including December 31, 2008.
B. This contract, or any put of it, may be terminated or renegotiated at any time by mutual
consent of beth parties .
C. If any article or section of this contract should be held invalid by operation oflaw or the
District Court, or if compliance with or enforcement of any article or section should be restrained by
such District Court, the remainder of this contract shall remain in full force and effect, and the parties
shall 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 understand that provisions rel ating to -.mi:,!oyees covered by this
cor,tract shall in no way displace or modify present or future statutory case law of the !i i ale of Colo ra do.
E. The parties acknowledge that during negotiations which resulted in this contract, each had
the unlim:ted tight and opportunity to make demands and proposals with respect to any subject or matter
approptiat.~ for meetings and to confer and have discussions and that the understan<lings and a!lJ"ef'..-L'l11'1
artiv,d at by the parties after this exercise of that tight and opportunity are s~t t\,rtl] ·n this cr,11lra, t.
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ARTICLE 7. HOURS OF WORK
A. For those employees wigned to shift work, the worlc schedule mall nonnally consist of
any average of seventy-two (72) hourJ of worlc in nine (9) consecutive days, reoccurring worlc cycles
based on a twenty-four (24) hour alt=ating basis of Berkley system .
8 . E.-nployces assigned to non-shift worlc shall nonnally be scheduled for an average of at
least forty (40) hours ofworlc in seven (7) consecutive day reoccurring worlc cycles.
C. It is specifically understood and agreed that nothing herein shall be construed as
guaranteeing employees a minimum or maximum number of hours per day or per week .
D. The schedule may be changed by the Director of Safety Services provided a minimum
nine (9) days advance notice is given . Worlc schedules may be changed without advance notice in the
case of emergencies as de termined by the Director of Safety Services .
ARTICLE 8. COMPENSATION
A. On Jamwy I, 2007 the rate schedule is as shown be'. 'Y.
Firefighter (probationary)
Firefighter Ill
Firefighter U
rircfighter I
Fircrnedic Ill
Firemedic 11
Fircrnedic I
Driver/Operator/Engineer
Lieutenant
Regular Straight
Time
Hourly Rate
$14 .83
$16.89
$18 .57
$20.44
$19 .41
$21.41
$23 .57
$22.46
$24 .72
B. The schedule in "A." above will be further adjusted on January 1, 2007 to reflect the
2007 "market median" as determined by the 2006 Salary Survey . The "market median" will be based
upo n the 2007 median wage of the top grade Firefightm at: Aurora, Boulder, Denver, Littleton, South
Metro, West Metro and Westminster. The survey will be conducted in the 4lh quarter of 2006 by the
Human Resources Department, with the concurrence of the EFFA. The Gtyand thr :lFFA will meet
by November I, 200(, to approve the survey and finaliu the revised salary table for 2007.
C The ,ouliz.id 2007 schedule mentioned in "B ." above will be adjwted on January 1, 2008
to reflect the 2008 "m~rko: ,::edian" as determin.d by the 2007 Salary Survey. The "market median "
will be based upon th.: 2008 median wage of the top grade Firefighters at: Aurora, Boulder, Denver,
Littleton, South Metro, West Metro and Westminster. The survey will be conducted in the 41h quarter of
2007 by the Human Resources Department, with the concurrence of the EFF A. The Gty and the
EFPA will meet by November 1, 2007 to approve th1 survey and finalize the revised calarytable for
2008.
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D. The pay rates identifled In Section A. are calcullled to provide I 0% separation between
eac:h JM'lk fro111 Fireflahter Ill throuah the rank of Lieutenant. The benchmark for this calculation la
Fireflahter I.
FIREMEDICS
I . In addition to their regular hourly wage rate, qualifled employees holding a rank of
Fireflghter (FFI, FFII, FFII[) who are uaigned and authorized by the Director of Safr 1
Services to perfonn on a regular buis Firemedic duties shall receive a I 5% wage
incn:asc: over and above the affected employees' hourly rate, which shall be cc nsidered
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 rcci:ive a 5% wage increase over and above the affected employees'
regular hourly rate, which shall be considered pensionable wages . Any D-O-E who is
EMT-P certified and is assigned as a Fircmedic shall receive an hourly rate for actual
hours worked commensurate 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 by the Director of Safety Services will receive:
• $.41 per hour (which shall be considered p~ .. sionable wages) and
• shall be eligible for discretionary Meri t Pay ofup to $600 each year, payable as set forth in
Paragraph G (2).
G. (I) Each employee appointed by the Director of Safety Services to one of the following
assignments shall be eli gible for Merit Pay in an amount determined by the Director, up
to a total ofSl ,200.0C each year:
Hazardous Materials Team Leader/Instructor
Technical Rescue -ream Leader
Safety Education Team L-:ader
Child Passenge; ~ 1fety Team Leader
Fire Investigation Team Leader
Honor Guard Team Leader
SW AT Medic Team Leader
Wild Land Fire Team Leader
Characterization Team Leader
or other assignments as de:ermined by the Director of Safety Services after consultation
with the Union .
(2) Such Merit Pay shall be awarded in the exercise of the Director's disctetion, based
upon specific perfonnance criteria developed by the Director and made available to
employees . Merit Pay shall be determined and paid semi-annually, no later than June I
and December I each year .
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ARTICLE 9. OVERTIME
A. Standard Overtime.
1. Upon detennination that the reporting of assigned persoMel to the duty shift is
below the City established level, the call to otT-dutypersoMel for overtime will be made.
2. Non-exempt employees covered by this contract working in positions other than
their actual rank are counted in acting capacity. In the event requirements necessitate
positions be filled with actual rank, persoMel of said r.mk will be ordered in .
3. Non-ex.:mpt employees covered by this contract shall receive overtime
compensation for work performed over and above tl,e assigned work schedule . Any
overtime compensation for training shall be pursuant to the provisions of the Fair Labor
Standards Act. All ov,.rtime compensation shall be calculated at time and one-half((½)
of the employee's regular wage rate, or acting wage rate, whichever is higher.
4. The method used to select Firefighters to work overtime situations will be
contained in procedures published by the Director of Safety Services. The procedures
will provide a fair and equitable distribution of overtime among bargaining unit
employees . The procedure will contain a selection process whereby an eligible
individual will not forfeit his/her position in the selection process if: less than a twelve-
hour block of time is worked ; if the employee is sick or on annual leave; or if this would
require the employee to work seventy-two (72) consec L1ti ve hours, or more . Refusal for
sickness will be accepted only if the employee was absent the last duty day due to illness
or short term disability leave .ual leave is the period of time from the end of the last
day worked until the emr" .etums to duty. However, if an employee is on annual
leave, he/she has the opti J ll to work on any but his/her own shift.
5. lfno off-duty persoMel wish to work, the Shift Commander will order in the first
person he/she contacts following the normal rotation . If the overtime person is not at the
assigned station by the beginning vf the shift, the person held over from the previous shift
shall be given overtime in quarter(¼) hour increments.
6. If at any time during the shift the absent persoMel returns to c!Jty, the officer in
charge will relieve the person who came in to \, ork that overtime position. The person
working the overtime will be paid a minimum of two (2) hours worked. If more than two
(2) hours are worked, his/her time will be computed to the nearest next half(½) hour.
7. No one other than the Director of Safety Srrvices, the on-duty Shift Commander,
or acting Shift Commander, Union representativ :, at the request of the employee, with
the employee and management persoMel pres. n~ shall have access to or review the
overtime records. Any person not following this policy or found tampering with the file
will be subject to disciplinary action by the Director of Safety Services,
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B . Emerpncy Overtime.
I . Emc,rpncy overtime is defined u a multi-alarm situation or disuter where more
than normal m111nin1 is required and must be authorized by the Director of Safety
Services .
2. When non-exempt 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.
I. When a non-exempt employee covered by this contract is working a standard
overtime shift and responds to an emergency with other employees called in on
emergency overtime, he/she will be compensated on the emergency overtime basis during
the period of that emergency .
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ARTICLE 10. ACTING PAY
The following acting positions assigned and authorized by the Director of Safety Services or the
Director's designated representative will be compensated at full pay. The employee becomes eligible for
acting pos ition compensation immediately upon assumption of responsibility of the position .
Acting assignments will be made according to the following procedure :
Actjng D.O.E.
First Priority-Eligibility l ;st
Second Priority -Personnel with DOE Check Off List
Third Priority -Discretion of Shift Commander
Acting Lieutenant
First Priority -Eligibility Li st
Second Priority -Personnel with Lt. Che.,k Off List
Third Priority -Discretion of Shift Commander
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• ARTICLE I I. ANNUAL LEA VE
A. Shift work employees shall be entitled to annual leave according to the following
schedule:
Hourly Hourly
Accumulation Accumulation Annual Total
~ Per Pa~ fgjQd J::!Ql!J] Shifts
0-4 years continuous service 13 hours 6 hours 156 6.5
(through 48 months)
5-9 years continuous service 15 6.92 180 7.5
I 0-14 years continuous service 19 8.77 228 9.5
15-19 years continuous service 21 9.69 252 10.5
20+ years continuous service 23 10.62 276 11.5
Annual leave shall not be granted to any emp loyee until he/she has been in the employ of the City
for at least six months .
B. The maximum ac, umulation of annual leave shall be two (2) times the employee's normal
annual leave accumulation.
C. Method of Selection -The selection for use of annual leave shall be by seniority. The
first round of selection begins by those employees with greatest seniority choosing first 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 senio.<ity choosing last.
• D. Use -The schedule for use of annual leave shall be determined by the needs of the
Department. Annual leave shall be taken at a time convenient to and approved by the Director of Safety
Services. When an employee has scheduled annual leave through the normal method of selection and is
subsequently transferred to another shift, the City shall accommodate said employee 's original 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 ofp~v for the employee's regular job and charged on a working hour basis, excluding
regular days off. Aru,ual leave shall be allowed only to the total hourly amount accumulated up to and
during the pay period in which the leave is taken.
F. Minimum Usage-There shall be a one (I) shift minimum use of annual leave time for
shift workers with the following exception : If an employee covered under this contract has used all of
the personal leave provided to him/her for the year, the employee may use annual leave ofless than one
(I) shift as approved and authorized by the Director of Safety Services or the Director's designated
representative.
G. Annual Leave Pay Upon Separation -Any employee who is separated from the service of
the City, i.e., retirement, termination (if employee has completed 6 months of continuous service with
the City) or layoff, shall be compensated for the unused annual leave time accumulated at the time of
separation .
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ARTICLE 12 . PERSONAL LEAVE
All shift work employees covered by this contract shall be granted ninety-six (96) hours of
personal leave with pay which an employee is entitled to use for the following purposes :
A. Employee 's own illness/injury
B. Illness/injury of employee's family
C. To attend to personal business.
For any employee who has not used the ninety-six (96) hours of personal leave, the City will
compensate said employee for the unused time at the employee's regular wage rate to be paid according
to the prevailing payroll schedule . Personal leave time shall not exceed ninety-six (96) hours nor shall it
be accumulated or carried over from one year to the next. In the event of illness/injury in which personal
leave is requested, the employee shall notify his/her supervisor at least one (1) hour prior to the
employee's scheduled reporting time.
Those employees with balances in the "Compensatory Time Bank" as of January 1, 2001 may
exhaust their balances , but no further transfers into the banks will be allowed.
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ARTICLE 13. SHORT TERM DISABILITY (STD)
A. Definition -Short term disability is leave granted for non-service connected injury or illness
of an employee which disability prevents the employee from performing his/her duties as a City
employee.
B. Provision -During the life of this contract, the City agrees to provide short term disability
leave with pay for employees absent as a result of illness/injury at the rate of one hundred percent
( I 00%) of the employee's regular wage up to nine hundred sixty (960) working hours, ( one hundred
twenty ( 120) days/forty ( 40) shifts.}
C. Short term disability leave shall not be accumulative except that on January I of each year,
the City shall restore one hundred percent (100%) of the number of hours/days /shifts used by an
employee during the preceding year up to a maximum of 480 hours, sixty (60) days or twenty (2 0)
shifts.
D. Utilization.
E.
I . Authorization for short term disability leave with pay shall only be granted after
the first shift/day of disability.
2. Authorization for short term disability shall be granted for the illness or injury of
the employee not service connected, including maternity related disability. (See related
City Of Englewood Policy# 31 "Family And Medical Leave Policy" -Exhibit IV)
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
normal retirement from the City at the rate ofone (I) hour's pay for each two (2) hours of
accrued sick leave at the employee's regular rate or one (I) hour's pay for each four (4)
hours upon separation from the City.
3. By cashing in accrued sick leave under the previous plan, once each year at the
conversion rate of four (4) hours sick leave for one(!) hour pay, not to exceed a
conversion of more than four hundred ( 400) hours each year.
F. Reporting of Short Tenn Disability -The employee or a member of the employee's
household shall notify the employee's Shift Commander at least thirty (30) minutes prir,r to the
employee's scheduled reporting time. The employee's Shift Commander may waive the reporting
requirement depending upon the circumstances surrounding the short term disability .
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O. Verification of Disability. If absence from worlc is in excess of three (3) consecutive •
worlc days/ahifta or more, a medical release must be provided by the employee. If the City requires the
employee to seek a second opinion, the City will bear the cost of the second examination .
H. Abuse of Short Term Disability• Abuse of short term disability occurs when an
employee misrepresents the actual reason for requesting short term disability or when an employee uses
short term disability leave for unauthorized purposes . An employee who makes a false claim for short
term disability leave shall be subject to disciplinary action, up to and including termination .
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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 his/her full wages from the first day of his/her absence from worlc up to and
including the 90th calendar day of such absence, less whatever sums received by the 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 examinations by City-appointed physicians at the City's
expense or under the provision of workers' compensations or the retirement/pension provision as
provided under State statute.
B. All injuries that occur during working hours shall be reported to the employee's
supervisor within twenty-four (24) hours of the injury or before the employee leaves their department of
employment unless circumstances beyond the control of the employee would not permit.
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ARTICLE 15 . MILITARY LEAVE
Mili 11ay Leave will be granted per the Cjty of Englewood AdminjstraJjve Po)jcy Manual, #3S
"Military Lc,ve Policy" -Exhibit V.
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ARTICLE 16. FUNERAL LEAVE
The Director of Safety Servi= shall grant leave with pay to an employee to attend the funeral of
a member of the employee's family. The number of days/shifts granted shall be governed by the
circumstances of the case, but shall be at least one (I) day/shift and in no event shall they exceed three
(3) of the employee's regularly assigned days/shifts. For the purposes of this section "employee's family"
shall mean the employee's spouse, or the children, grandchildren, parents, grandparents, brothers and
sisters of the employee or of the employee's spouse . At the discretion of the Operations Chief or
dcsignee, annual leave or perso nal leave may be utilized to attend the funeral of people that are not
included in the list above . Leave for this purpose may be granted outside of the normal ltave policies of
the Fire Division .
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ARTICLE 17 . JURY DtlTY AND WITNESS SERVICE
Leave may be fjl'lllltcd to an employee for serving on jury duty or u a witness in his/her official
capacity in obedience to a subpoena or direction by legal authority. He/she shall be entitled to the
difference between his/her regular compenaation and the fees received for jury duty or u a witness .
When he/she is subpoenaed as a witnen in private litigation to testify, not in his/her official capacity but
as an individual, the time absent by reason thereof shall be taken as accrued leave or leave without pay.
SeeCjtyOfEng)ewood Administrative Poljcy Manual. #34 "Jury Duty And Witness Service" -Exhibit
VI.
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ARTICLE 18. HOLIDAYS
A. (I) Shift work employees covered by this contract will be eligible for eighty (80)
houn of holiday time-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 wage ntc. Employees must notify the
Department by October I of each year, of their in ,~•ion of receiving holiday pay in lieu
of time off.
(3) Holiday pay for terminating rmd new hire employees will be determined on a
monthti · pro rata basis. (faample: If an employee retires on April 30, the
=ployee is eligible on a monthly pro rata basis for six (6) months or on e-half
(½) of the eighty (~O) hours holiday benefit.)
B. Forty (40) hour employees will not be eligible to receive a holiday pay cashout, but sr .J I
receive the days off on the twelve (12) officially recognized City holidays provided the employee has
actually worked or had approved paid leave on the day immediately prior to and following a holiday
unless otherwise approved by the Director of Safety Services . A shift work employee who is assigned to
a forty (40) hour assignment during the course of the year will be paid the pro rata holiday pay cashout in
November for the period that he was on shift work .
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AR1 ,C LE 19. VOTING LEA VE
V,Jtin11 Leave will be llflllled per the Cjty Of EnRlewQ!!!Udminjstrutive Po)jcy Manual , #39
"Votln11 Lu.ve" • Exhibit VD . •
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ARTICll! 20 . TRADING TIME
A. Employ. may be pamitted to IIOCUl'e anotha' Firefiahterof equal rank and qualificationa
to 1ub1titute for them 111bject to the approval of their Shift Commander. The employee 111b■titutina ■hall
be responsible to work the scheduled ahi ft and any absence shall be charged againat that employee. Any
request for substitutes shall be signed by both Firefiahtera and approval of the Shift Commander shall
also be in writing.
B. Trading time shall be governed by the following criteria :
I. The trading of time is done voluntarily by the employees participating in the
trade.
2. The reason for trading time is due to the employee's desire or need not because of
Fire Division operations .
3. If a trade request is denied by a Shift Commander, the Shift Commander shall
provide a written statement to the requesting employee with the reason for denial of the
request.
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ARTICLE 21. UNPAID LEA YES OF ABSENCE
Unpaid leaves of absence m•y be !!="iini,;d per the~; Of Englewood Admjnjljratjye Poljcy Mantaj, #38 "Unpaid Leave of Absence" • Exhibit Vil!. •
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ARTICLE 22 . UNIFORMS
A. (I) If an employee is required to wear a unifonn and/or safety equipment, the
employee shall wear the unifonn and/or safety equipment only u authorized or required
by the division work rules. All employees shall maintain a presentable appcarane<.: while
on duty. The employee is responsible for any damage to the unifonn or safety equipment
by negligence or deliberate act . The City will be responsible for providing all uniforms
and safety equipment.
(2) The Division on a replacement basis will bear the cost of replacement uniforms.
The new replacement uniform will meet or exceed National Fire Protection Association
(NFPA) standards.
B The Division will authorize and require specific shoes and will provide a footwear
reimbursement offiftyperccnt (50%) of the cost ofauthori~ footwear up to a maximum of$130.00 per
year.
C. Physical fitness sweatshirts, sweatpants, and running shorts will be provided by the Fire
Department for employees engaged in the Division's physical fitness proaram . The above clothing will
be provided according to an as-needed basis, determined by the Director of Safety Services .
D. Cleaning • The City will be responsible for providing cleaning for all uniforms and/or
safety equipment.
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ARTICLE 23. MILEAGE REIMBURSEMENT
A Fireflahter who is 1pccifically authorized by the Director of Safety Servica to opente hi.,,_
penonally owned automobile in conduct of City business shall be paid mileap in ICCOrdlllOI with the
City of En@lewood Admjnjstratjye Po)jcy Manual. #•9, "Travel Reimblll'ICment".
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ARTICLE 24. INSURANCE
A. MEDICAL
The City will pay ninety percent (90%) of the premium cost for single coverage for
medical insurance. Employees will pay ten percent (10%) of the premium cost for single
coverage for medical insurance .
The City will pay eighty-five percent (85%) of the premium cost for"employee plus one"
coverage for medical insurance . Employees w' I pay fifteen percent ( 15%) of the premium cost
for "employee plus one " coverage for medical .. 1surance .
The City will pay eighty percent (80%) of the premium cost for "family" coverage for
medical insurance. Emp loyees will pay twenty percent (20%) of the premium cost for "family"
coverage for medical insurance.
B. DENTAL
The City will pay ninety percent (90%) of the premium cost for single coverage for dental
insurance. Employees will pay ten percent (10%) of the premium cost for smgle coverage for
dental insurance.
The City will pay eighty-five percent (85%) of the premium cost for"employee plus one "
coverage for dental insurance. Employees will pay fifteen percent ( 15%) of the premium cost fo r
"employee plus one" coverage for dental insurance .
The City will pay eighty percent (80%) of the premium cost for "family " coverage for
dental insurance. Employees will pay twenty percent (20%) of the premium cost for "family"
coverage for dental insurance.
C. It is understood and agreed that should the premium ,,osts fo r either oftl1e City's
insurances be reduced during the life of this contract, the City 1111d employees will equally share
in the premium rate reduction .
D. Any dispute concerning the interpretation or application ofbenefits provided under the health
or dental plans shall be subject to the plan appeal process . It is expressly understood that this
article is a non-grievable item under this contract.
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ARTICLE 25 . LIFE INSURANCE
Tenn life insurance will be provided by the City for employee, covered by this contract in the
amount ofone time his/her annllll Nluy. The minimum benefit i1 $35,000 and the maximum benefit is
$50,000. Upon retirement, the employee may convert the life lnaurance per the life inaurance plan
conversion agreement in place at the time of his/her retirement.
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ARTICLE 26. RETIREE HEALTH INSURANCE REIMBURSEMENT
The City agrees to allow retirees and future retirees a convenion privilege to the health
insurance convenion plan available through the City. For employees who retired on or before
December 31, 1995, the City agrees to pay fifty percent (50%) of the cost of coverage of the health
insurance convenion plan or other plan selected by the retiree up to a maximum of$75.00 per month
for the employee and including the employee's dependents . For employees who retired on or after
January I, 1996, the City agrees to pay fifty percent (50%) of the cost of coverage of the health
insurance conversion plan or other plan selected by the retiree up to a maximum of $100 .00 per
month .
It is the intention of the City to phase out this provision .
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ARTICLE 27 . LAYOFF
Whenever there is lack of work, lack of funds, or other legitimate reasons requiring reductions in
the ,,umber of employees , the appointing authority shall designate the positions in which the layoff is to
be made. Upon such determination, the required number of employees in the affected position shall be
placed on a layoff list or transferred by the appointing authority, each in order of his/her relative length
and quality of service as shown by the persoMel records . Employees on layoff shall be recalled in the
order of seniority provided that those recalled have the demonstrated ability and same qualifications to
perform the available work as determined by the City. Any employee in a higher rank, iflaid off, may
transfer to the previous lower rank . The layoff list shall terminate after eighteen ( 18) months .
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ARTICLE 28, TUITION REIMBURSEMENT/D EGREE ACHIEVEMENT RECOGNITION
Tuition will be reimbuned per the Cjty of Englewood Admjpjstratiye Poljcy Mlmlll, #29
"Tuition Reimbursement/De~ Achievement Recognition" -Exhibit IX ,
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ARTICLI' 29 . SETTLEMENT OF DISPUTES
A grievance is defined as an alleged violation of a specific provision of this contract. The
employee and the Association shall be required to follow the procedure as set out below :
film..!
If an employee is unable to settle the grievan ce or dispute orally and informally through his/her
shift commander within five (5) business days of the date of the occurrence of the grievance, or the
employee's knowledge of it, the employee may, within the succeeding five (5) business days , file a
written grievance with his/her supervisor. The shift commander shall attempt to adjust the matter and
shall respond in writing to the employee within five (5) business days .
If the answ er is not satisfactory, the matter shall be presented in writing by the employee to the
Division Chief within fi ve (5) business days following receipt of the Shift Commander's response . The
Division Chief shall respond in writing to the employee within five (5) business days .
If the answer is no, satisfactory, the matter shall be presented in writing by the employee to the
Director of Safety Services and the Human Resources Director within five (5) business days following
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receipt of the Division Chiers response. The Director of Safety Services and the Human Resources
Director will meet , investigate, and discuss the grievance. The Din ctor of Safety Services shall respond •
in writing to the employee within five (5) business days.
If the grievance still remains unadjusted, it shall be presented by the employee to the City
Manager in writing within five (5) business days following receipt of the response of the Director of
Safety Services . The City Manager or his/her designated representative shall re spond in writing within
ten ( I 0) business days .
Step5
If the grievance is still unsettled, th• Association, within ten (I 0) business days after re,:eipt of
the answer by the City Manager or his/her designated representative , may by written notice re<juest the
matter be submitted to either mediation or arbitration .
(a) Mediation .
(1) If mediation is requested , the parties will attempt to mutually agree upon a
mediator. If within five (5) days of the request for mediation the Association and the City cannot
mutually agree on the mediator, a request will be filed with the American Ar~,ltrati on Association fort
panel of seven (7) mediators to be sent to the parties .
(2) The mediator will be selected by a method of altcrna:iv~ striking of names frot.1
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the panel, with tho first strike determined by a coin flip. The final name left on the panel will be the
mediator. The meuiator will convene a meeting of the parties as soon as possible and attempt to develop
a settlement of the grievance which is acceptable to both parties . Any such settlement will be in writing
and will be dated and signed by representatives of the Association and the City and by the mediator. The
terms of any such settlement will be in iplcmented by both parties . If a settlement is not reached through
the mediation process, the mediator will notify both parties in writing that the mediation process has
concluded . Such notice concludes the grievance procedure.
(3) The fees of the mediator shall be borne equally by the Association and the City .
(b) Arbitration.
(I) If the Association requests arbitration, the parties will attempt to choose a
mutually agreeable arbitrator . If within five days of the request for afbitration the
Association an~ •~e City cannot mutually agree on an impartial arbitrator, a request will
be filed with the American Arbitration Association for a panel of seven arbitrators to be
sent to the parties. The arbitrator shall be selected by a method of alternative striking of
names from the panel, with the first strike determined by a coin flip. The final name left
on the pane! shat. ·,e ·.he arbitrator. The arbitrator shall be requested to issue a decision
within thirty (30) days after conclusion of testimony and argument.
(2) Each party shall be responsible for compensation to its nwn representatives and
witnesses. The fees of the arbitrator shall be borne equally by the Association and the
City .
(3) If either party desires a verbatim record of the proceedings, it may cause such a
record to be made, provided it pays for the record and makes a copy available to the
arbitrator. If the other party wishes to have a copy of the transcript it shall share all costs
for the transcript.
Authority of Arbitrator.
The arbitrator shall have no power to add to or subtract from or change the terms of this Contract.
The written decision of the arbitrator shall be fina l and binding upon the parties . The arbitrator shall
limit his decision strictly to the grievance submitted which has been properly processed through the
grievance procedure outlined.
Time Limits
i'ailure by an ~mployee to comply with any time limitation shall constitute a settlement of the
grievance. Should the employer not respond within the prescribed time, the grievance will automatically
proc ~ed to the next step .
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Grievance Option
It is agreed that should the appeal procedure as provided under 138 :3 of the City Charter or
applicable City policy provisions be utilized, recourse to the grievance procedure included in this Article
shall be waived .
Prncessjng Grievance During Work Hours
Grievances may be investigated and processed by the employee during working hours within
reasonable time limits without loss of pay provided notice is given and the work load pennits. The
employee shall be allowed to attend hearings while on duty.
Oral and Written Corrective Action
Oral Corrective Action --Whenever grounds for corrective action exist and the supervisor
determines that the incident, action or behavior of the employee is such that more severe action is not
immediately necessary, the supervisor should orally communicate to the employee the supervisor's
observation of the problem and offer assistance in correcting the situation . When an oral corrective
action is given, the supervisor should ensure that the supervisor's log is documented to show date of the
corrective action and the nature of the corrective action . The employee should be advised that the
corrective action will be documented in the supervisor's log.
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Written Corrective Action --When the supervisor determines that a written corrective action is
appropriate and necessary, the corrective action shall be addressed to the employee and shall include the
violation ; the specific behavior and the dates of the behavior (when appropriate) that support the charge ;
the warning that continuance of th :s behavior will result in disciplinary action; and an offer of assistance •
in correcting the behavior.
A signed copy of the corrective action by the supervisor shall be included in the employee's
official personnel file in the Human Resources Department , and the employee shall have the opportunity
to submit written comments in response to the correc tive action to he included in the file .
If an employee disagrees with the letter of corrective action , the emplo yee, within seven (7)
calendar days, may request a review of the written corrective action by the Human Resources Director .
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ARTICLE 30 . SUPPLIES • A. The City will provide and maintain supplies and equipment for Ille normal operation of
the Fire Division. These include:
I. Laundry: linens and cleaning of same.
2. All kitchen appliances and utensils, and repair and/or replacement of same.
3. Private phone in each station and maintenance and/or repair of same.
4. Maintenance ofT.V.s and recorders.
5. Items of hygiene (soap, toilet paper, etc .).
A. The provisions of this Article will be under the control of the Director of Safety Services.
Individual abuse to be dealt with on an individual basis .
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ARTICLE 31. DRUO TESTING AND PHYSICAL FITNESS
Drug testing and physical fitness are pennissive subjects of negotiations .
The City agrees consistent with Article 5 of the Collective Bargaining Apecment to consult with
the Union regarding the fonnation of any drug testing policy or physical fitness program . In addition, it
is not the City's intention to institute random drug testing now or in the foreseeable future .
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ARTICLE 32. DEA TH AND DISABILITY ASSESSMENT
For !iRtighters hired on or after January I, 1997, the contribution required by§ 31-31-ISI 1(4),
C.R .S., shall be wessed equally against the City and such firefighter so that fifty percent (50%) of the
contribution required by the state shall be assessed against the firefighter and fiftypm:cnt (50%) shall be
assessed against the City .
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ARTICLE 33 . EXCLUSIVENESS OF CONTRACT
The City 111d the Union agree that the terms 111d provisions herein contained constitute the entire
contract between the parties 111d 111penede all pre vi ous communications, representations or agreements,
either verbal or written , between the parties with respect to the subject matter herein . The City 111d the
Union agree that all negotiable items have been discussed during the negoti ations leading to this contract
and, therefore, agree that negotiations will not be reopened on any item during the life of this contract,
except by mutual consent of the parties .
IN WITNESS WHEREOF, the parties have caused this contract to be signed by their respective
representatives and their signatures placed thereon , on this __ day of July, 2006 at Englewood,
Colorado .
ENGLEWOOD FIRE FIGHTERS
LOCAL#l736
President
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CITY OF ENGLEWOOD
Mayor
Attest :
City Clerk
City Manager
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COUNCIL COMMUNIO,TION
Date: Agenda Item: Subject :
Jul y 10, 2006 11 C ii Collective Bargaining Agreement Between the
City and the EFFA for 2007 and 2008
Initiated By: I Staff Source :
Human Resources Department Sue Eaton, Director of Human Resources
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The previous Collective Bargaining Agreement with the Englewood Fire Fighters Associat ion was
approved by Council for 2005 and 2006.
RECOMMENDED ACTION
Staff requests Council adopt a resolution to approve the Collective Bargaining Agreement between
the Englewood Fir e Fighters Association and the City of Englewood for the yea rs 2007 and 2008.
Th e contract covers approximately 46 emplo~1ees .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The City of Englewood and the Englewood Fire Fighters Association entered into negotiations in
May of 2006 in accorda nce with the City of Englewood Charter. The membe rs of the Englewood
Fire Fighters Association duly ratified, by a majority vote, the Collective 'Jarga ining Agreement
The signi fi can t changes •o th e con tract are as follows:
1. A :!.65% increc:o on 2006 wages will be granted 011 January 1, 2007.
2. A market adjustment, based 011 the salary survey lo be conducted 111 th e third quarter of
2006, wi ll be made on January 1, 2007 in addition lo #1 above,
3. A market adjustment, based on th e salary survey lo be conducted in the third quarter of
2007, will be made on January 1, 2008.
4. The employer contribution to health/dental premiums will no longer be 85% for all leve ls of
covera ge . The City will contribute 90%, 85% o r 80% depending 011 coverage level.
5. The City will add 8 hours of holiday pay/tim e to the :urrenl 72 hours.
FINANCIAL IMPACT
The impact of the salary increase mentioned in # 1 above will be approximately S 79,000 for 2007
(salaries, Medicare and pension). The impact of the salary increases dependant on the 2006 and
2007 salary surveys (#2 and #3 above) Is not known at this time . Each 1% Increase to wages
(Including Medicare and pension) will cost approximately $29 ,600.
LIST OF ATTACHMENTS
EFFA Collective Bargaining Agreement for 2007 and 2008.
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