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HomeMy WebLinkAbout1998 Resolution No. 107• • • RESOLUTION NO . &[ SERI ES OF 1998 A RESOLUTION AUTHOJUZINO THE COLLECTIVE BARGAINING CONTRACT BETWEEN THE ENGLEWOOD FUU:FIGHTERS LOCAL NO . 1736 AND THE CITY OF ENGLEWOOD FOR THE YEARS 1999 AND 2000. WHEREAS , the previoal Collective Barg~ining Contract with the Englewood Firefighter• Local No . 1736 was for tlw year af 1998; and WHEREAS, the City of E nglew ood and the Englewood Firefighters Lo<.al No. 1736 entered inw negotiationo ""May 19, 1998, in accordance with the Englewood City Home Rule Charter; and WHEREAS , the memben of the Englewood Firefighters Local No . 17:16 duly ratified, by n majority of the membffa. w Coll ective Bargaining Contract; NOW , THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO. AS FOLLOWS: ~-The City Cow,cil o{ the City of Englewood, Colorado hereby approvea the Collective Bargaining Comract between the Englewood Firefightera Local No. 1736 a.nd the City of Englewood for the ~ears 1999 and 2000, attached hereto aa Exhibit A . ~-The Mayor :md the City Cle.rk are hereby authorized t,, aign and atteat the Collective Ba -gaining Conmtct between the Englewood Firefighter• Local No . 1736 and the City of Englewood, Colorado, for t he years 1999 and 2000. ADOPTED AND APPROVED this 2 1s t day of Dece mber. 1998 . I, Loucriahia A. Ellis, City Clerk for the City of En1lewoocl, Co above ie a true copy of Resolution No ./gJ. Serie■ of 1998. • • • • • COLLECTIVE BA-a.GAINING CON1RACT BETWEEN TI-IE ENGLEWOOD FIRE FIGHTERS I OCAL 1736 AND TI-IE CITY OF ENGLEWOOD FOR THE YEARS 1999 AND 2000 A INDEX ARTICLE RECOGNITION Page 2 ARTICLE 2 EMPLOYEE RIGHTS Page 2 ARTICLE 3 BULLETIN BOARDS Page 3 ARTICLE 4 DUES DEDUCTION Page 3 ARTICLE 5 F:. ULl:S AND REGULA TIO NS Page 4 ARTICLE 6 DURATION OF CONTRACT Page 4 ARTICLE 7 .P.OURS OF WORK Page 5 ARTICLE 8 COMPENSATIO N Page 5 ARTICLE 9 OVERTIME Pa ge 8 ARTICLE 10 ACTING PAY Pag : 10 ARTICLE 11 ANNUAL LEA VE Page 11 • ARTICLE 12 PERSONAL LEA VE Page 12 ARTICLE 13 DISABILITY -TEMPORAR"{ Page 12 ARTICLE 14 DISABILITY -ON-THE -JO B Il'\JURY Page 14 ARTICLE 15 MILITARY LEA VE Pag e 14 ARTICLE 16 FUNERAL LEA VE Pag~ .15 ARTICLE 17 JU RY DUTY AJ','D WITXESS SERVIC E Pa ge 15 ARTICLE 15 HOLIDAYS Page 15 ARTICLE 19 VOTING LEA VE Pag e 16 ARTICLE 20 TR .'..OI NG TI ME Pag e 16 ARTI CLE. 1~ LE AVE \vlTHOlJT PA Y Page 16 -• INDEX (CONTINUED) Arz7CLE 22 UNIFORMS Page 17 ARTICLE 73 AUTOMOBILE All.OWANCE Page 18 ARTICLE 24 INSURANCE Page 18 AR11CLE 25 DENT,~ L INSURANCE Page 18 ARTICLE 26 LIFb INSURANCE Page 19 ARTICLE 27 RETIREMENT BENEFITS Page 19 AR1ICLE 28 IAYOFF Page 19 ARTICLE 29 EDUCATIONAL INCENTIVE Page 19 ARTICLE 30 SETTLEMENT OF DISPUTES Page 20 • ARTICLE 31 SUPPLIES Page 23 ARTICLE 32 DRUG TESTING AND PHYSICAL FITNESS Pi1ge 23 ARTICLE 33 DEATII AN'D DISABILITY ASSESSMEN'!' Page 23 ARTICLE 34 EXCLUSIVENESS OF CONTRACT Page 23 COLl.ECilVE BARGAINING CONTRACT BE1WEEN THE ENGLEWOOD FIRE FIGlITERS LOCAL #1736 AND THE CITY OF ENGLEWOOD FOR THE YEARS 1999 AND 2000 This contract is entered into by and oetween the City of Englewood (hereinafter referred to as the "City") and the Englewood Fire Fighters (hereinafter referred 10 as the "Union"). It is the purpose of this contract to achieve and maintain harmonious re lations between the City and the Union; 10 provide for equitable and peaceiul adjustment of differences which may ~. and to establish proper standards of wage~, hours and other condi ti ons of employmenL Exce~,1 where limited by express provisions elsewhere in this contract, nothing in this contract shall be construed to restri ct, limit, or impair, the rights, powe rs and authority of • the City as granted 10 it under the laws of the State of Colorado a,.d the City's Charter and Municipal Code. The rights, powers, and authority include, but are not limited to, the following: A. The deiennination of Fire Department policy including the right to manage the affairs of the Fire Department in all respects. B. The right 10 assign working hours, including overtime . C. The right to establish, modify or ch a,,ge work schedules, manning of appararu_s, amount of appa."arus in the mai n or reserve flee r, etc. D. The right to direct the members of the Fire De;,a:tment including the right to hire, promote, transfer or discipline or discharge for cause, any fir e fig hter within the Fire Department E. The table of organization of the Fire Departmtut including the right to organize and reorganize tr:~ Fire Department in any manner it chooses, including the size of the Fire Departme nt ar:d the detemunation of job classification and ranks based upon duties assigned. F. The determination of the safety, he a :th and property protection measure for the Fire Department. • • • G. The allocation and assignment of wor.k to all fire fightl:%$ within the Fire Dep:irtme11:. H. The determination of policy affecting the selection or tra.inmg of fire fighters. I. Th~ i:heduling of operations and the determination of me uumber and duration of hours of assigned duty p¢r week. J. 1 ;,e :istablishment, discon-inuance, modification and enf011CCment of Fire (>o\\p anmen t ru!es , regulations and orderi. K. The transfer of work from ore position to another within the fir,. Deparwient. L The introduction of new, improved or different methods and techniques of operatio,1 of the Fire Department or a change in the existing methuds and technique.;. M. The placing of service, maintenance or other work with outsmk contractors or other agencies of the City . N. The determination of the n•Jmber of ranks and the numix,r tf fire fighters ,11ithin each rank. 0 . The determination of the amount of supervision necessary. ART!CLE 1. RECOGNITION The City recognized the Union as the organization certified pursu= to the Chaner of the City of Englewood, as the sole and exclusive collective bargaining zgent for all full- time classified Englewood Fire Fighters including Fire Fighter, Driver-Operator-Engineer, and Fire/Medic. The City agrees to recognize lieutenants as part of the bargaining unit represented by the Union at such time as the City Charter is amended CD permit Union representation of lieutenants or positions funct ionally equivalent to· me position of lieutenant, as that position exists as of the date of this Agreement. The Giy agrees that it will not decertify or withdraw recognition of the Union as a result of llilJ member of the bargaining unit serving temporarily in an acting capacity in a positioc outside of the bargaining unit. ARTICLE 2. EMPLOYEE RIGHTS A A full-time classified employee covered by this contract shail have the right: I. To form, join, support or participate in or to refrain from conning, joining, supporting or participating in any employee organiz ation or its law:bl activities; and 2 . Bargain collecti vely through their certified ell!,iloyee repres~:11ative. 2 3. No employee shall be Interfered with, restrained, coe 1·ced or discriminated apinst because of the exercise .if these rights nor shall the right of an individual employee to discuss employment concerns with the City be infringed upon. ARTia.E 3. BUllETIN BOARDS A The City agrees to provide space in the fire station for Union bulletin boards whicit sh:ill be properly maintained by the Union . They are to be used for the following notices: 1. Union meetings . 2. Union elections . 3. Reporu of Union committees. 4. Rulings of policies of the International Union. 5. Recreatior.al or social affairs of the Union. B. Toe 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 l'J.ay permit other material not provided for above at his/her discretion to be posted or dismouted. The material posted shall not contain anything reflecting derogatorily upon the City, any of its employees , or any other organization of City employees. The City agrees !hat during working hours on City premises and without loss of pay, Union members may be allo,.ed 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 grievance s, or appeals, provided advance notice is given to the Director and the work load permits. ARTIG.E 4. DUES DEDUCTION A Tue City agrees to deduct the Union dues twice each month from the pay of th~ employees who individually request in writing that such deductions be made , subject to th e rarnishment laws of the State of Colorado . The amounts to be deducted shall be ce rtified to th e City Finance Director by the Treasurer of the Union, and th e aggregate de ductions of all employees shall be remitted tor,ether with an itemized statement to the Tre asurer by the 15th of the succeeding month, after such de ductions are made . The au thorization sha!: be revocable during the term of the Contract, upon a thirty (30) day wrineo no tic e by the employee to the City Finance Dir ecto r. B. Deduc tion shall be made from only two (2) payments of wages each month, ex cept l.ba t if wages are not paid an authorized employee on the last payday of ~ given . nonth. deductio n for that month will be made from any wages which may be paid to him/he. oa the next succeeding final monthly City payday. It is expressly understood that the Ci ty assumes no liability and shall not be liable for the collectio n or payment to the Union of any dues during any time that an employee is not actually working fo r the City and 3 e actually on the payroll of the City. In the event of mm on the checlcoff list, the City will not be responsible to make adjustments, Uiltil noti£ed by ibe Treasurer of the Unio!L • • C. The Union shall indemnify and bold the City barmiess against any and all claims, suit, orders or judgment brought or issued apiai;t the City u a result of any action taken or not taken by the City under the provision ol dlis Article . D. Changes ir, the dues amount to he deducted shall be limited to two (2) changes each year and provided a thirty (30) day wrineu notice is provided to the City Finnnce Director. E. Should the cl:ange in the deduction amount or method require a computer programming change, the Union ~ball be respo!lhlbk for that cost of such change or changes, at $30.00 per hour with a four (4) hocr mau=m. Payment from the Union shall be made to the City Finance Director withi11. ten (!O) mys of receipt of billing. ARTICLE 5. RULES AND RF.GUIATIONS A Except as limited by the express terms of this contract, the City retains the right to promulgate reasonable rules, regulations, policies, procedures and directives. Said rules, regulations , policies, procedures and directives wm cb ar~ an alleged violatiol) of thi s contract shall be subject to the grievance procedure . B. The City agrees to consult with the Ucion concerning the formulation of changes of rules and regulations, policies, procedures 2!ld directives. ARTICLE 6. DURATION OF CONTRACT A. This contract shall take effect on January 1, 1999, and shall continue in force to and including December 31, 2000, provided that eith;::r party may reopen for negotiation Articles 8, 24 and 25 only , by giving written notice of anent to negotiate any or all of those articles prior to May 15 , 1999 . Any such negotiations s:iall proceed as provided in the City Charter. B. This contract or any pan of it, may be tc . :rinat ed or renegoti ated at any time by mutual consent of both parties . C. If any arude or section of this contract 5.1:i oul d be held invalid by operation of law or the District Court, or if compliance with or eclorceme nt of any article or section should be rest rai ned by such Di stri ct CL'Urt , the re mabder of thi s contr act shall remai n in full force and effect , and the parties sh 1!1 promp tly =et and confer for the purpose of attempting to arrive at a mutually sati sfac tory replace ment fo r such article or section . 4 0, The parties agree and understand that provisions relating to employees ,. covered by this contract shall in oo way displace or modify prcseot or future statutory case law of the State of Colomdo. E. The parties acknowledge that during negotiations which resulted in this contract, each had the unlimited right and opponunity to make demands and proposals with respect to any subject or matter appropriate for meetings and to confer and have discussions and that the understandings and agreements arrived at by the parties after this exercise of that right a-:id opportunity are set forth in this contract . ARTICLE 7. HOURS OF WORK A For those employees assigned to shift work, the work schedule shall normally consist of any average of seventy-two (72) hours of work in nine (9) consecutive days, reoccurring work cycles based on a twenty-four (24) hour alternating basis of Berk.!ey system. B. Employee s assignet.1 to non-shift work shall normally be scheduled for an average of at least forty (40) hours of work in se ven (7) consecutive day reoccurri ng work cycles. C. It is specific ally understood and agreed that nothing here in shall be construed as guarante eing employees a minimum or maximum number of hours per day or per week. D. The work scl!edule may be changed by the Director of Safety Serv1ces provided a minimum nine (9) days advance notice is given. Work schedule s may be changed without advance not ice in the case of emergencies as determined by the Director of Safety Services. ARTICLE 8. COMPENSATION A. The salary schedule th at becomes rffe ctive on January 1, 1999, is as follows, and reflects an increase of 3.25 % over the 1998 salary sche dule . Regular Straight r·em!um or Time Hourly Overtime ...RlUL fuk. M'llllhJy__ .&lnllll.l Firefi ghter (p rob atio nary) s: 1.13 516.70 52,699 .90 5 32,399 Firefighter Ill 12.67 19.00 3,074.00 36 ,888 Firefighter II 13.93 20 .90 3,381.45 40 ,577 Firefig hte r I 15.33 23.00 3,719.60 4~,635 5 • -• • • • Fircmcdic ll 15..33 23.00 3,719.60 44,635 Eremedic: 16.B6 25.29 4,091.60 49,099 Driver/OperatD,· / 16..86 25.29 4,091.60 49,099 Engineer TI'lc ~ry s-:bedule that becomes effective on January 1, 2000, is as follows, and reflects an increase of 3.259' IJ\1Cr tiJc 1999 salary schedule. Regular Straight Premium or TilllC Hourly Overtime ---1wL fuK. M2!l1b.h!.. .Anmw Firefighter (probationary) S!.1.49 $17.24 $2,787.65 $ 33,452 Firefighter III 13.08 19.62 3,174.00 38,087 Firefighter II 1439 2159 3,491.34 41,896 Firefighter I 15.83 23.75 3,840.48 46,086 Firemedic II 15.83 23 .75 3,840.48 46,086 Firemedic I 17.41 26.12 4,224.53 50,6 94 Driver /Operat..Jr i Engineer 17.41 26.12 4,224.53 50,694 B. (1) The pay rate for Driver Operator Engineer is 10% more than Fire Figh ter I. (2) The base wage rate for Fire Fighter II is ten percent (10%) below the base wage rate for F"tre Fighter I. The bas e wage rate for Fire Fighter III is ten percent (10%) below the base wage rate for Fire Fighter II . (3) In no event shall an employee's base wage ra te be reduced for the years 1999 and 2000, ;,rovided that wage rates may be subject to negoti ation for th e year 2000 in accor dance with Article 6.A C. The compensation fi,,"U res identified in Paragraph A above are based up on the numb~r of regularly schedc.led hours per month and per year including overtime, and are not adjusted for beca use of the ci ty's biweekly pay system. The methodol ogy used in determining the hourly, premium /ove rtime . mo nthly and annual compensation is contained in Appendix B attached . D. The hourly rate set forth above :s the employee's straipl time hourly wage rate • for the purpose of computing premium/ovenime compensation. 1'be annual compensation reflected in Paragraph A above includes compensation for scheduled overtime. E. In the event the seventy-two (72) hour work schedule based upon a nine (9) day reoccurring work cycle identified under Section 7(k) of the Fair Labor Swidards Act is adjusted or amended, hourly wage rates shall be adjusted so that the end result shall continue to reflect an annual gross compensation as identified in Paragraph A. F. In addition to their regular hourly wage rate, qualified e~es holding the rank of firefighter who are assigned and authorized by the Fire Chief to pellfurm on a regul ar basis Fire Medic duties shall receive a ten ( 10%) percent wage increase over and above the affected employees' regul ar hourly wage rate . G. In ac!dition to their regular hourly wa ge rate, shift 6:e ~~stiga tors assigned and authorized by the Director of Safety Se!'Vices will rec eive $100.C0 per mal.llJ or its hourly wage rate equ ivalent and shall be eligible for discretionary stipends ,,f up to 5600 ea ch year, payable as set forth in Paragraph H(2 ). H. (1) Each employee appo inted by the Dir~ctor of Safe ty Sc!'Yi ces to one of the follo 'Nirg assignments shall be eli gible for a stipe nd in an amount determined by the Dire ctor , up to a total of Sl,200.00 each year : Hazard oJs Mater ;als Team Leader/Instructor T~chnical r-.escue Team Leader SCBA Group Team Leader MOB Team Leldcr (2) Suc i stip en ds shall b~ aw ~rded in the exercise of the D ir ector•~ discretion, bas ed up on sp~ci fi c perform anc e crittria de vel oped by me Director and made ava ilab le to em!)l oyee s. Sri pends shal l !Je detennined and p,ai d semi -annually, no later than Ju~e I and Oe~ember I each y~ar . 7 • • ARTI t.B 9. OVERTIME • • Sllllldard Overtime. 1. Upon determination that the reponing of assigned personnel 10 the duty shift is below the City established leve~ the call to off-duty personnel for ovenime 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, personnel of said rank will be ordered in. 3. Non-exempt employees covered by this contract shall receive ovenime compensation for work performed over and above the assigned work schedule . Any ovenime compensation for training shall be pursuant to the provisions of the Fair Labor Standards Act. Ali overtime compensation shall be calculated at time and .ine-balf (1 1/2) of the employees regular wage rate. 4. The person working overtime will l-paid actu al hours worked for that position which be/she fills. The method _;ed to select Fire Fighte rs to work overtime situations will be contained in procedures !)ublished by the Director of Safety Services. The procedure s ,viii provide a fair a · e.q t!itable distr ibution of ovenirne among bargaining unit employees. The ,-,roc edure will contain a selectio!l 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) consecutive hours , or more. Refusal for sickness will be accepted only if the employee was absent the last duty day due to illness or temporary disability leave. Annual leave is the period of time from the end of the last day worked until the employe e returns lo duty. However, if an employee is on annual leave, he/she has the option to work on any but his /her own shift. 5. If no off-duty perso nnel wish to work. the Shift Commander will order in the fi rst person he/she contacts following the normal rotati on. If the overtime perso n is not at the assigned station by the beginning of the shift , the person held over from the previous shift shall be given overtime in quarter ( 1/4) hour incremen~s. 6. If at an y time during the shift the absent per sonnel return s to du ty, the officer in charge 11,ill relieve th e per son who came in to work that overtime position. The person working the overt ime will be paid a minimum of two (2) hours worked. If more than tw o (2 ) hours are worked , hi s/her time will he computed to the nearest next half ( 1/2) hour. 7. No one other than the Director of Safety Service s, th e on -duty Shift Comm an der , or acti ng Sh ift Comman der, Union represe ntativ e, at the request of 8 the employee, with the employee and management personnel present, shall have access to or review the overtime cards. Any person not following this policy or found tampering with the file will be subject to disciplinary action by the Director of Safety Se vices. B. Emergency Overtime. 1. Emergency overtime is defined u a ·•1.!.lti-alarm situation or disaster where more than normal manning is r~ am must be authorized by the Director of Safety Services. 2. When non-exempt empl oyees aivered by this contract work overtime on an emergency call back basis, that O<>C rtime shall be computed on a forty (40) hour duty week wage basis . C. Comb ine d overtime . D. 1. When a non-exempt -.mployee covered by this .ontract is working a standard overtime shift ar.d respomfs to an emergency wi th other employees called an emergency overtime , be /smie will be compensated on the emergency overtime basis during the period of :hat emergency. Compensatory Time . 1. Compensatory time including unused personal leave, holi day time ,.nd overtime hours may be accumulated 25 cocpensatory time up to a maximum of 150 hours . 2. Accumulated compensatory hours may be cashed out for pay subject to a maximum of 75 hours per year. 3. At any time during the year 2.1 the City's option any compensatory time accumulated by an employee in excess of seventy-five (75) hours may be cashed out for pay at the empl oyee '; regular hourly wage rate. 4. Employees mu st notify the Department by October l of each year, of their intention of receiving compcnsata..-y pay in lieu of time off. Payo ut for compensa tory time hours accrued will be bas ed on the total number of hours on rec ord as of October 1 of each year . 5. The use of compensato ry time off sh a ll be determined by the needs of the Department and taken at times al'P'Iov ed by the Direct or of Safety Services . • 6. (a) At the employee·s optio n, compensatory time including unused personal Ie ·'.ve hours and :ioliday hours sha ll be transferred into a com pensatory time bank S!lbj ect to D. l , 'J ove or paid out at the empl oyee's re gula r hourly 1''2ge ra te. •• 9 • • (b) At the employee's option, any overtime houi:s accrued may be transferred into the compe atory time bank subject to D.l above or paid OUL 7. All compensatory hours in excess of 150 will be paid or taken in tlme of! at the .!iscretion cf the Director of Safety Service! .. ARTICLE 10. ACTING PAY All 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 must be in the position three (3) consecutive shifts before the employee becomes eligible for acting position compensation. Such pay shall be retroactive to the first day the employee assumes responsibility of the position. Acting assignments will be made according to the following pro ~dure : fillW ..llQL First Priori ty -Eli ibility List Second Prk rity -Check-off List Third Pr:nrity -Fire Fighter I fourth Priority -Fire Fiypter II First Priority -Eligibility List Second Priority -DOE/Fire Fighter I Third Priority -Fir~ Fighter II 10 ARTICLE 11. ANNUAL I.EAi/£ A schedule : Shift work employees shall be entitled to annual leave according to the following 1-4 years continuous service 5-9 years continuous service 10-14 years continuous service 15-19 years continuous service 20+ years continuous service Hourly Accumulation Per Month 13 hours 15 19 21 23 Annual Total .liOJm 156 180 228 252 276 .s.bifu 6.5 7.5 9.5 10.5 11.5 In order to qualify for annual leave credit during the month, the employee must have worked at least one-half (1 /2) of the working days of that month excluding authorized paid leave. Annual leave shall not be granted to ,•ny employee until_ !;e/she has been in the employ of the City for at least one ( l) year w.tle ss 'ltherwis., authorized by the Direc tor of Safety Services . B. The mamnum aa:rmulation of annual leave shall be two (2) tim es the employee 's normal annual leave accumuw:ion. C. Method of Se leaion -The selection for use of annual leave shall be by seniority. The first round of selection begins by thc,se employees with greatest seniority choosing first and these with less se niority ch oorin.g last. The second round of selection will be gin with tho se having le~.; s,;niority cb oo;ing first and those with more seniority choosing last. The City agrees that lieutenants assi gn ed to min work shall not receive priority over more senior members of the bargai ning unit wi th respect to annual leave assignments . Accordingl y, the Union agrees that such lie utenan ts be assii,.ned annual leave in accord ance with this par~graph regardless of the ir mcn,bership in the bargaining unit co vere d by this Agree ment. D. Use -The sc hccul e for use of anr,ual leave shall be determined bv the needs of the Department. Annual lea"e sha ll be ta ken at a time convenient to and approved by the Director of Safe ty Se rvices . E. Annua l Leave Pay -The rate of annu :,J leav e pay shall be the employee·s regular straight time hourly rate of pay for the employee's regu lar job and charged on a working hour basis, excluding re gul ar days off.. Annual leave shall be allowed only to the total hourly amou nt accumulated at the beginning of the leave, as verified and authorized by the Director of Safety Services . Empl oyee s may rece ive their annual ieave pay, pro vided the employee makes a written request to their super,iso r and approved by the Direct or of Safety Services fifteen (15) calendar days pr io r to the St2.'1 of th eir annual leave. F. Mi nim.1m Usage -l here shall be a one (I) shift minimum use of annual leave • time for sh ift worke rs with th e following exc ep tion : If an employee cov ered under this contract , • 11 • • has used all of the personal leave provided to him/her for the year, the lllllployee may ~ annual leave of less than one (1) shift as approved and authorized by the DiRctor of Safety Services or the Director's designated representative . G. Annual I.eave Pay Upon Separation -Any employee who is separated from the service of the City, i.e., retirement, ,ermination or layoff, shall be compensated !or the unused annual leave time accumulated a, the time of separation. ARTICLE 12. PERSONAL LEA VE All shift work employees covered by this contract shall be grant,·•' nine cy-six (96) hours of personal leave with pay which an employee is entitled to use for tho following purposes: .r,k Time lost as a result of illness/injury to the employee or !be employee's immediate family . B. Attend person al busine s,. C. Le isu re time . For any employee who has not used the ninety-six (96) hours of personal ve, the City will compensate said employee for the unused time at the employee 's regular r.ige r:ite to be paid in the second pay period in November of each year. Personal leave time sh;ill not exceed ninety-six (96) hours nor shall it be accumulated or carried over frnm one ye , to the ne .. ~. In the event of illness /inj ury in which personal leave is requested, the employee sh all notify his/her supervisor at least one (1 hour pri or to the employee 's scheduled reporting time. At the employee 's option, unused per.:onal leave hours as de scri bed ibove may be transferred into the compensatory time bank subject to Article 9.D or pai d out at the employee's regular hourly wage rate . ARTICLE 13 . DISABILITY -TEMPORARY (N ON JOB RELATED) A. Definition -Tempo ra ry disability is leave granted for non-servicr coimected inju ry or illness of an empl oyee which disability prevents th~ employee from perfonrung his/h~r duties as a City empl oy ee. B. Provision • During the life of thi s contract, the City agrees to pro,ice temporary di sability leave with pay for employees abse nt as a resul t of illne ss /inju ry at the rate of on e hundred pe rc ent (100 %) of the employee's regu lar wage up to one hund red u-we nty (120) calend ar days/forty ( 40) shifts . C. Temp orary disab ility leave shall not be acCLmulative except tha t on January 1 of each year, the City shall re sto re or.e hundred perc ent (100%) of the number of da rs/shifts use d 12 by an cmplO)'ee during the preceding y-m up to a maximum of sixty (60) days or twenty (20) shifts. D . Ulilization. L Authorization for temporary disability leave with pay shall only be granted mer the first shift/dlly of disability. 2. Authorization for temporary disability shall be granted for the followin g reasons: a. Illness or injury of the employee not service connected, including mate"lity. E. Sick Leave Option -All sick leave accru ed by employees prior to January l, 1980, shall vest with me employee, and may be used in the following manner: L After the one hundred twenty (120) da ys/forty (40) shifts as described above have bee n n<ed , unles s the employee is entitled to retirement ai: a result of disability . 2 . By cashing in all accrued sick leave accumula ted under the previous plan upon normal retirement from the City at the rate of one (1 ) hour's pay for each r,,,,o (2) hours of accrued sick leave at the employee', regular rate or one (1) • 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 .u the conversio , rate of four (4) hours sick leave for one (1) hour pay, not to aceed a conversion of more than four hu ndred (400) hours each year. F. Rcponing of Temp orary Dis ability -The employee or a member of th e emi:,'oy,·, · JOl!!:Se hold shall notify the employee's Sh ift Commander at least thirty (30) minutes prior to ~•~ e!:!pl oyee's sched ul ed reporting time. No temporary tlisability leave will be granted to an ~rnp lo-f~ who fails to notify their Shift Commander pri or to the beginning of the empby~e·s work schedule . The employe e's Shi ft Comm ander may waive the reporting requirement depe nding up on the circumstances surrounding the temporary disability. · G. Verification of Di sability -An attending physician's statemen t will not be necessary unless required by the Direc to r of Safety Services . If the Dire ctor require ,, the employee to see a physicia n , the City will pay the cost of such examination and/or office visit. H . Abuse of Tem;xirary Disab ili ty -Abuse rif temporary disability occ:m when an employee m.is::-ep resents the act ual re ason for reque sting temporary disability or wh en an employee a.<es temporary disability leave fo r unauthorized purposes. An emp:oyee who makes a false claim for temporary disa bility leave shall be subject to disciplinary action or dismissal. 13 • ARTICLE 14 DISABILlTY • ON-THE-JOB INJURY • • A. For any on-the-job injury which causes any emplo,ee to be absent from work as a result of such injury, the city shall pay to such employee Im/lier full wages from the fint day of his/her absence from work up to and including the 90th calendar dey of sue!: absence, less whatever sums received by the employee as disability benefin under workmen 's compensation. The City reserves the right to require any employe e on injwJ or disability leave to submit to an examinations by City-appointed physicians at the City's e:q,ensc or under the provision of workmen's compensations or the retirement/pension urnvisioa as provid1:d under State statute. B. All injuries that occur during worki11r 1 !''ll!fS sball be reported to the employee's supervis or within twenty-four (24) hours of the L.,.1(JJ or before the employee leaves their departm en t of empl oy ment unless circumstances beyond the amtrol of the P.mployee would not p~rmit. ARTICLE 15 . MILITARY LEAVE A. Any perm anent or probationa ry em ployee w!'rt!> en!i sl5 or is inducted into the military, naval, air or other ar med services of the United States in time of war shall be entitled to a leave of absence without pay for the durat ion of such W2l' or until honorably disc hari3ed, whichever occur5 first, and for one ( I) year thereafter . B. Any employee who shall be a member of tbe National Guard or any other component of the military forces of the State, now or hereafter orgnnized or constituted under the State or federal law, .shall be en ti tled to a leave of ahsence from bis/her employment without loss of pay, seniority, status, efficiency rating, vaca tiOtJ, sick leave or other benefi15 for all the time when he /she is engaged with such organization or compo nent in training or act;"le service ordered or authorized lly proper authority pursuant tO w, whether ior State or federal purpose s, but not exceeding fift een {15) calendar days in any clendar year. Such le av e sha ll be allowed in case the re qu ired military service is sa tis fac-..orily performed, whic h shall be presumed unless the contrary is est ablished. C. Such leave shall not be allowed unl e~ the 1:cq:,loyee r•:rums to his /h~r public position immediately upon being relieved fro m su ch mililfil'." service and not later than the expiration of the time herein limited for sn ch leave; unless be /5 hP. is prevented from so returning by phys ical or mentai disability or other cause no. due to bis/her own fault or is required by proper auth 0ri ties to continue in such rni litar: service beyond the time herein limite d for such leave . D. Subject to pr ovis io n A. B and C ab ov e, the Ciry shall pr ovi de full pay to an emp lo yee granted military le ave . less wh atever compens ation th e employee may have re ce ived by the military for suc h service . 14 ARTICLE 16. FUNFRAL LEA VE The Direc:tor of Safety Services shall grant leave with pay to an employee to attend the fwleral of a 111Cmber of the employee's family. The number of days granted shall be aovemed ~/ the circumslallCeS of the Cl'.Se, but shall be at least one (1) shift and iD no event shall they e-«:eed three (3) of the emphryees regularly assigned shifts. For the purposes of this section ·employee's family' shall moru,' the employee 's spouse, or the children, grandchildren, parents, p-andparems, brothers and sisters of the employee or of the employee's spouse and other members of the family at the discretion of the City. ARTICLE 17. JURY DUTY AND WITNESS SERVICE Leave may be granted to an employee for serving on jury duty or as 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 compensation and the fees received for jury duty or as a witness . When he/she is subpoer.aed as a witness in private litigation to testify, not in his/her official capacity but as an individual, th e time absent by reason thereof shall be taken as accrued leave or leave without pay . ARTICLE 18 . HOLIDAYS A (1) Shift work employees covered by this contract will be eligible for se venty· • two (72) hours of holiday time-off or pay. (2) The payment for holidays will be made the first pay period in December of each year based on the employee's regular straight time hourly wage rate. Employees must notify the Department by October 1 of each year, of the ir intention of receiving holidays pay in lieu of time off. (3) For employees to be eli gible for holid ay pay/time off, the emJloyee mus t have worked at least one-half ( 1/2) of the scheduled hours each month excluding authorized paid leave . (4i Holiday pav for terminating and new hire employees will be determined on a monthly pr,; ~ta basis . (l:.xample: If an employee retires on June 30, 1989, the employee is eilgibi~ on a monthly pro rata basis for six (6) months or one -hal f ( 1/2) of the seventy-two (72) hour s holiday benefi1.) (5) At the employee 's op rio n, holiday hours as described above may be transferred into the compensatory time bank subject to Article 9.0 or paid out as the emplayee 's regul ar hourly wage rate . B. Forty (40) hour emplo yee s will not be eligible to receive a holiday pay cashout, but shall receive the c'~ys off on the ele ven {11) officially recognizeu City holidays pro vided the employee bas actually worked or bad approved pa id leave on tile ,9 15 • duy immediately prior to and following a holiday unless otherwise approved by the Safety Director. A shift work elllJ)layiee who is assigned to a forty (40) hour assignment during tbe course of the year will be paid the pro rata holiday pay cashout at the end of that year for the period that be r.n 011 shift work. ARTICLE 19. VOTING LEA VE All employees wi!i be alla-ed a reasonable time off as authorized by the Director of Safety Services without loss of pay IO 1101JC. This time will be used by the employee only to vote. ARTICLE 20 . TRADING TIME A. Employees may be permlned to secure another Fire Fighter of equal rank and qualifications to substitute for them subject to the approval of their Shift Commander. The employee substituting shall be respoDSil:lle to work the scheduled shift and any absence shall be charged against that employee . Any request for substitutes shall be signed by both Fire Fighters and approval of the Shift Commander shaJ1 also be in writi.1g. B. Trading time shall be gova,ied by the fo llo wing crite ri a: 1. The trading of rime is done voluntarily by the employees participating in the trade. 2. Toe reason fo~ tra6ng time is due to the employee's desire or need not because of Fire DepanmCll: operations. 3. If a trade request LS. de nied by a Sh ift Commander, the Shift Commander shall provide a WTitten staUme nt to the requesting employee with the reason for denial of the request. ARTICLE 21. LEAVE WITHOlJT P.-\Y ~ Permanent e1 ;:,ployees may be granted a leave of absence without pay for reasons of education which is all,ed to the du ties of th e City, settlements of an estate, child care, serious illness of a member of the employe e's family, but shall not be used for the purpo se of obtaining employment elsewhere. Leave with ou t pay sha ll not exceed sL~ (6) months of any year but may be extended upon request for an a<!di tional six (6) months. The total leave time shall not exceed one (1) year . Upon return fr om <9 pro ved leav e, the empl oyee will be rest ored to their former po sition if available or to a posicon comparable for which the em ployee is qualifi ed . During periods of unpaid leave, emp l~s shall not continue to accrue service cr edit or be eligible for any City benefits . 16 APlllie1ian for L:avc A request for a leave of absence \\ithout pay shall be 111bmitted in writing by the emr,loyee to the Director of Safety Services. The request shall indica te the rellSO'a the leave 1f a!m'nce is being requested and the approximate length of !eave time requested. _Copsjdcration of Leave ReQuest The Director of Safety Services may grant or deny leave requests, talcing into consideration the Department's work force, work load a;:id the employr.e's request. Failure to Return Unless unusual circumstances exist, an employee who fails to retum \Jy the date of leave expiration shall be considered to ha·,e voluntarily resigned from the servir's of the City. Al<TICLE 22. UNIFORMS A (!) If an employee is requ ire d to wear a unifon ·<1/or safety eq ui pment, the employee shall wear the uni form and/or safety eqm i,u1 ent only as authorized or required by the department work rules. All employees shall maint:iin a presentable appearance while on duty .. The employee is responsible for any damage to the uniform or safety equipment by negligence or deliberate act. The City will be responsible for providing all uniforms and safety equipment. (2) The Department on a replacement basis will bear the cost of repl acement uniforms. The new replacement uniform will meet or exceed recognized industry standards. B. Should the Depmment authorize or require a specific work/safety shoe, the De partment will provide said shoes which will be considered part of the require d uniform. If the Depamnent requires and provides the shoes as described above , the foncwear :illow:mce as provided in C below wiU be reduced to fifty perce nt (50 %) of the cost of authorize<! footwear up to $50.00 per year. C. Subject to conditions describ ed in B above, the Department will pro vi e fifty percent (50%) of tbe cos t of authorized footwear up to S75 .00 per year. D. Physical fitne ss sweatshirts, sweatpants, and running shorts will be provided by the Fire Department for employees engaged in th e Department's physical fitness prograo. The above dothing will be provided according 10 an as-needed basis, det ermined by the Director of Safety Services. E. Cleaning -Th e City wil l be responsible for providing cleaning for all uniforms and/or safety equipment. 17 • • ARTICLE 23. AUTOMOBll.E ALLOWANCE • A Fire Fighter who · specifically authorized by the Director of Safety Services to operate his/her personan,-cwned automobile in conduct of City business shall be paiJ in mileage in accordance wim the City's vehicle mileage policy. ARTICLE 24 . INSURANCE A. (1) The Cuy will pay 85 % per month of the premium cost for dependent and single cove ntie for the City's self-funded health insurance plan. (2) Emp loyees will pay fi{tcen µercc nt (15%) of the monthly premium cost for dependem and single cov~ra ge for t~e Ci ty's self-funded health insurance plan. B. Any dispute concerning the interpretation or a9plication of benefits provided under the Health Insurance Plan shall be subject to the dl sput: re solution procedure only. (It is expressly understood tha1 this Articl e is a non-g rie vab le item under thi s contract.) C. It is undc rstOOd and agreed tha t should the premium costs for the City's health insurance be re duced durmg the life of this contr act, the Ci ty and employees will equally share in the premium rate reduction. Example : If premium rates arc reduced fiv e per cen t (5%), the employee 's premium conrribution shall also be reduced five (5 %). ARTICLE 25. DENTAL INSURANCE A The City III pay eighty-five percent (85%) of the premium co st for dependent and si ngle co verage for dental insurance . Emplo yees will pay fifteen percent (15%) of the premium cos t for de peooe:it and single coverage for de ntal insu rance . B. !'Jly dispute conce rni ng the interpretation or application of benefits under th e De ntal Pl an shall be subject to the di spute res olut ion proced ure only . (It is expressl y unders tood that this Article is a no n-grievable item under 1··is contract) C. Ir is undemood .:.nd agr eed th at should the pr emium cost s for th e City's de nt al insurance be reduced d~ the life of this cont ra ct , the City and empl oyees will equ ally share in the premium rate reduc,J on. Example: Ii pre :nium rate s arc reduc ed five percenc (5 %), 1he employee's premium cot:t:::"b ution shall a:s o be re duced five (5 %). 18 ARTICLE 26. LIFE INSURANCE Term life insurance will be pr<>Yided by the City for employees covered by this contract of $30,000 for each employee. Upon retirement the employe~ may couven the life insurance amount that is in effect at the time of retirement up to $20,000 if the employee has not reached age 65. From age 65 to age 70, the conversion privilege would be redw:ed by 40%. The maximum conversion privilege would then be $18,000. ARTICLE 27. RETIREMENT BENEffiS A Retirement benefits and contribution levels will contiml.e as provided under t:1e City Plan and State Starute. B. The City agrees to allow retirees and furure retirees a conversion privilege to the health insurance conversion plan available through the City. For employees who retired on or before December 31, 1995, the City agrees to pay fifty percent (SW<,) of the cost of coverage of the health insurance conversion plan or other pian selected by the: retiree up to a maximum of $75 .00 per month for the employee and including the employee·s d~ndents. For employees who re tire d on or after January 1, 1996, the City agrees to pay Ii.fry p,crcent (50%) :if the cost of covera ge of the health insurance conversion plan or other plan sclected by the retiree up to a maximum of S 100.00 per month. It is the intention of the City to phase out this provision. ARTICLE 28. LAYOFF Whenever there is lack of work, lack of funds, or othe r legitimate reasons requ ;ring reductions in the number of employees , the appointing a11thori;y smll des ign ate the positions in wliich the layoff is to be made . Upon such determination, the required number of employees in the affected po si ri nn shall be placed on a layoff list or i;amierred by the appointing authority, ea ch in orde 1· of his/her relative length and quali ty a: service as shown by the personnel rec ords. Employees on layoff shall be recalled in the order of seniority provided th at those recalled have the demonst rated ability and same quali fi c:uiotl!S to perform the available work as determined by 111e City. Any employee in a higher rank, if 'd off, may transfer to the previous lower rank. The layoff list shall terminate after eightee n 18) months. ARTICI E 29 . EDUCATIONAL L'./CENTIVE Upon rec ommendation of the Director of Safety Servic es and after prior approval of the Administrative Servic es Dep artmen t, th e City of Englewood sh all reim burse a permanent, full- time Fire Fighter upon successful compl e ti on of an approved CO\.U'S<e or courses in edu~ation or vocational trainin g at an accredited culle ge or uni versity. Tne col.U'Se or training m11 st be relate d to the work and be designed to improve com pe tence in thte job, as determined y the City, and be of value to the Fire Fighter's service to the C' · T nis ~all incl ude all tuition, and require d tern. RefunJs will be at the public institution 19 • • ARTIQ.E 30. SETil.EMENT OF DISPlITES A grievance is uefined as an alleged violation of a specific provision of this contract. 1bc. employee and the Association shall be reg1.1ired to follow the pr~-edure as set out below: If an employee is unable to settle the grievance or dispute orally l'Jld informally through his/her shift commander within five (5) working days of the date of the occurrence of Ille grieqnce, or the employee's knowledge of it, the employee ruay, within the succeeding live (5) work days, file a written grievance with bis/her supervisor. The shift commander shall attempt to adjust the matter and shall respond in writing to the employee within five (5) work days. If the answer is not satisfactory, the matter shall be presented in writing by the employee to the Division Chief within five (5) work days following receipt of the Shift Commander's re5pO'IISC. The Division Chief shall respond in writing to the employe e within five (5) work days. .s.tm.J If the answer is not satisfactory, the matter shall be presented in writing by the employee to the Director of Safety Services \\ithin five (5) work day s following receipt of the Division Chief'~ response. The Director of Safety Services shall re ,pond in writing to the employee within five (5) work days. If the grievance still remains unadjusted , it shall be presented by the employee to the City Manager in writing within five (5) work days following receipt of the re spo rc~. of the Dircc::o r of Safety Service s. The City Manager or his/her designa•.,:d representa tive shall respooo in writing within ten )0) work days. If th e grievance is still unsettled , the A.ssociatior,, within ten (10) work days after rec ei pt of the answrr by the City Manager or his /her de sig nated repres ·:ntative, may by written noti ce r~quest the matter be submitted to either me dia tion or arbitra.tion . (a) Mediation. (!) If mediat io n is requested. the pa rties will attemp t to mutually agree up on a mediato r. If within live (5) da ys of th e reque st fo r me diation the Association and the City cannot mutually agree on the medi ato r, a reque st will be filed with the American Arbitration Associa ti on fo r a panel of seven (7) mediators to be sent to the part ies . 20 (2) The mediator will be selecred by a method of alteroative striking of 11&1Des from the pane~ with the first strik determined by a coin Dip. Toe final name left 011 the panel will be the medi:s:m. The mediator will convene a meeting of the parties as soon as p0551l>le ud 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 implemented by both parties. If a settle ment is mat reached through the mediation process, the mediator will notify both partia in writing that the mediation process has concluded . Such notice concludes me grievance procedure. (3) The fees of the mediator sh.2ll be borne equa lly by the Association and the Ci ty . (bi Arbitration . ( 11 If the ksociation requests arbitration, the parties will attempt to choose a mu :u ally agreeable ar bitrator. U wi thin five days of the rnq uest for arbitration the Asso ciatio n an d the City cannot murually agree on an im partial arb itrator, a re que st will be fil ed wi th the American Arbitr~tion Associ ation for a ranel of seven arbitrators to be se nt to th e p arti es . Tot arbitrator shall be selected by a method of al ternative striking of nam es from the panel, with the first strike determined by a coin flip . Toe final name left on th e panel shall be the arbitrator. Toe arbitrator shall be requested to issue a decis ion within thirty (JG) days after concl usion of testim ony :and argument. (2) Each party shall be respons ible for compensation to its own repre sentatives and witnesse s. Tine fe es of the ar bitrator sii all be bo rn e equally b. the Associaticn and th ~ City. (3) If either party de sires a vem atim re cord of t!i e proceedings, it may cause such a rec ord to be made , provit.ed it pays for th e reco fd and makes a co p;· available to the ar bi tr a tor. If ~ ot her par ty wis he s to hav e a copy of the tr.1nscr.;,t it sh all shar e all costs for the transcript. Auth ority of Arbitrato r The a~bitrat or sha ll hav e no po ,..., r to add to or subtract fr om or change the terms of this Contract. The wr itte n decis ion of t~e arb itra to r sh all be fi nal and binding upon th e parties. The arbi tr ato r shall limi t hi s de cisi on stric dy 10 the gr ievanc e submitt ed v·hic h has bee n properly pro cesseC: through the gri evance pr occcur e out lined . ·• • • Time Llroi1s Failure by an employee to comply with any time limitation shall constitute a settlemem of the grievance . Should the employer not respond within the prescnbed time, the gricvance will automatically proceed to the next step. Grievance !4]Jioo It is agreed that should the appeal procedure as provided under 138:3 of the City Chaner or applicable ordinance provisions be utilized, recourse to the grievance procedure included in this Article shall be waived. ProcessiaK Grievance Durin~ 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 th e work load permits. The employee shall be allowed to attend hearings while on duty . Ora) and Written Correcti ve 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 th a t 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 com,ctive action is given, the supervisor should ensure that the supervisor's log is documented !o 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 . Written Corrective Action ·• When the supervisor determines that a written corre~"tive 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 this behavior will result in disciplinary action; and an offer of assistance in correcting the behavior. A signed copy of the corrective acllon by the supervisor shall be included in the employee 's official personnel file in the Employee Services office, and the employee shall have the opportunity to submit written comments in response to the corrective action to be included in the file . If an employee disagrees with the letter of corrective :iction, the employee, within seven (7) calendar days, may reque st a review of the written corrective action oy the Administrative Services Director . 22 ARTICLE 31. SUPPLIES A The City will pr,3Yidc and maintain supplies and equipment for th e normal operation of the Fire Department. These include: · 1. 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 of T.V.s and recorders . 5. Items of 11}-gieoe (soap, 1oilc1 paper, etc.). B. 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. ARTICLE 32. J RUG TESTING A.'10 PHYSICAL FITNESS Drug testing and physical fimess are permissive subject of negotiations . The City agrees consistent with Article 5 of the Collective Bargaining Agreement to • consult with the Union regarding the formation of any drug testing policy or physical fimess • program. In addition, it is not the City's intention to institute random drug testing now or in the foreseeable future. ARTICLE 33 . DEATH Al'm DISABILITY ASSESSMENT For fire figh ters hired on or after January 1, 1997, the contnbution required by§ 31-31- 811(4), C.R.S ., shall be assessed equally against the City and such fire fighter so that fifty percent (50%) of the contribution required by the state shall be assessed against the fire fighter and fifty percent (50%) shall be assessed against the City. ARTICLE 34. EXCLUSIVEJl.c.SS OF CONTRACT The City and the Union agree that the terms and provisions herein contained constitut e the entire contract betwee n u:,e parties and supersede all previous communications , representations or agreements, c ub er verbal or l!.Titt en, between the parties with respect to the subject matter herein. The City and the Uni on agree th at all negotia ble items have been discussed during the negotiatio ns ea ding to this contract and, therefore, agre1, th'lt negotiations will not be reopened on any item during the life of this contract , except by ,nurual consent of the partie s. , • 23 • • 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 __ _ 1998, at En&lewood, Colorado. ENGLEWOOD FIRE FIGHTERS LOCAL #1736 President 24 CITY OF ENGLEWOOD Mayor Attest: Ci ty Clerk City Manager • COUNCIL COMMUNICATION ... Dace Agenda Item Subject Dettaller 15, 1998 Collective Bargalnlna Agreement Betwttn the City and tbe EFFA for 11 C iii 1999 and 2000 laldated By I Staff Source Depa..-t or Admlnlstradve Services Sue Eaton , Director of Administrative Services COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The previous Collective Bargaining Agreement with the Englewood Fire Fighters Association was approved by Coim..:il for 1998. RECOMMF..."IDED ACTION Staff requests Council approval of the Collective Bargainin g Agreement between the Englewood Fire Fighter,; Association and the City of Englewood fo r the years 1999 and 2000. The co ntract covers approximately 50 employees . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood and the Englewood Fire Fighters Association entered into negotiations in May of 1998 in acamlance with the City of Englewood Charter. The members of the Englewood Fire Fighters Association dul y ratified, by a majority vote, the Collective Bargaining Agreement. The significam changes to the contract are as follows : I . Under Articl e I, Page 2, Lieutenants are removed from th e !>argaining unit. Additionall y, the Article now reads : TIie City agrees to recognize Lientenants as part or the bargaining unit represented by die anion at such time as the City Charter is amend ed to permit union representatio■ or Lieutenants or positions functionally equivalent to the position of Lieutenant, as that positioa aists as of the date of this agreemenL The City agrees that It will not decertify or withdraw recopitioa of the union as a result of any member of the bargaining unit serving temporarily i■ an acting capacity In a position outside of the bargaining uniL 2. Und er Article 8, page 5, employees cove red by the Co ntrac t will receive a three and one -quarter percent (3.25~.) in crease on the 1998 base wage rate effective Janu ary I, 1999 and a three and one - quarter percen t (3.25 %) increase on the 1999 base wage rate effecti ve Janu ary I , 2000 . In acco rdan ce with Arti cl e 6_o\., wage rates may be subject to ne gotiation for the year 2000 . 3. Articlo 8.G. on pugc 7 now reads: In addition to their regular hourly wage rate, shift fire in veaiyaors assigned an d authori zed by the Direclor of Safety Services will receive S I00 per month or mbourly wage equivalent and shall be eligible for discretlouary stlpeocb or up to $600 eacli year. payable u set rorth lo para11rapb H(2). 4. Aniclc 8.H. on page 7 now reads : (I) Each employee appointed by the Director orsarety Senices to one ortbe rollowing assignments shall be eligible for a stipend In ID amouat ddermined by the Director, up to a total or SI ,200.00 each year: Hazardous Materials Team Leader/Instructor Tecbnlcal Rescue Team Leader SCBA Group Team Leader MOB Team Leader (2) Such stipends shall be awarded In the exercise or Ille Director's discretion, based upon specific performance criteria developed by the Dil'fflOI' ad made available to employees. Stipends shall be determined and paid seml-aanaally, 110 later than June I and December I each year. 5. Articl e 9.A.5. on page 8 now reads: lf no off-duty personnel wish to work, the Shift Commanda will order in the first p erson he/she contacts following the nonnal rotation . lfthe ovenime persao is not as the assign ed station by the beginning or the shirt, the person held over from the prt"ious shift shall be given ovPrtlme In quarter (1/4) hour Increments. 6. The first sentence of Article 9.A.6. on page 8 now reads : If at any time during th~ shift the absent personnel returns to d uty, the officer in charge will relieve the person who came in to work that ovenime position. 7. Anicle 15 .B. now reads : An y employee ... , but not exceeding fifte en ( 15 ) calendar cbys in any calendar year. 8. Article 22 .A.2. now reads: The Department on a replac ement will bear the cost of repl.aa:ment unifonns . The new rep lacement uni fo nn will meet or exc eed recognized industry standards. FINA!,CIAL IMPACI' The imp act of the salary increase on wages, and benefits impac<M by wages, is app rox ima tely S96,022.50 fo r 1999 .in d $99.143.23 LIST OF ATTACHMENTS EF F A Co llecti ve Barg ainin g Agree ment for 1999 and 2000. • • •