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HomeMy WebLinkAbout1996 Resolution No. 071RESOLUTION NO . 2L_ • SERIFS OF 1996 • • A RESOLUTION AUTHORIZING THE COLLECTIVE BARGAINING CONTRACT BETWEEN THE ENGLEWOOD l'IREFiGHTERS LOCAL NO . 1736 AND THE CM'Y OF ENGLEWOOD FOR THE PERIOD OF JANUARY 1, 1997 THR0UGH DECEMBER 31, 1997. WHEREAS, the previous Collective Bargaining r ol\tract with the Englewood Firefighters Local No . 1736 was for the years 1994, 1995 and 1996; and WHEREAS, the City of Englewood and the Englewood Firefightera Local No . 1736 entered into negotiations on May 15, 1996 in accordance with the Englewood City Home Rul e Charter; and WHEREAS, the members of the Englewood Firefighters Local No . 1736 duly ratified , by a majority of the members , the Collective Bargaining Contract; and WHEREAS , approval by the Englewood City Council of the Collective Bargaining Contract between the Englewood Firefighten Local No. 1736 and the City of Englewood for the year of 1997 , is b,-reby given ; NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS: Sl:!:tilm.J.. The Cily Council of the City of Englewood , Colorado hereby approves the Collective Bargaining Contract between the Englewood Firefighters Local No. 1736 and the City of Englewood for the period of January 1, 1997 through December 31, 1997 . S!:wlm.2 . The Mayor and the City Clerk are hereby authorized to sign and attent the Collective Bargaining Contract between the Englewood Firefighters Local No . 1736 an ' the City of Englewood , Color.do, for the year of 1997 . I, Loucrishia A. Ellis , City Clerk fowli ~ City oi Englewood , Color above is a true co py of Reso lution No.:.Jf.. Se ri es of 1996 . COll.ECilVE BARGAINING CONTRACT BE1WEEN THE ENGLEWOOD FIRE FIGIITERS LOCAL 1736 AND • THE CITY OF ENm.EWOOD FOR TilE YEAR 1997 • INDEX ARTICLE AECOGNITION Page 2 ARTICLE 2 EMPLOYEE RIGIITS Page 2 ARTICLE 3 BUUETIN BOARDS Page 3 ARTICLE 4 DUES DEDUCilON Page 3 ARTICLE 5 RULES AND REGULATIONS Page 5 AP.TICLE 6 DURATION OF CONTRACT Page 5 ARTICLE 7 HOURS OF WORK Page s ARTICLE 8 COMPENSATION Page s AR11CLE 9 OVERTIME Page 6 ARTICLE IO ACTING PAY Page 9 ARTICLE 11 A!'/1'--UAL LEAVE Page 9 • ARTICLE 12 PERSONAL LEA VE Page 10 ARTICLE 13 DISABILITY· TEMPORARY Page 11 ARTICLE 14 DISABILITY -ON-TliE-JOB INJURY Page 12 ARTICLE 15 Mil.IT ARY LEA VE Page 12 ARTICLE 16 FUNERAL LEA VE Page 13 ARTICLE 17 JURY DlITY A!'ID WITNESS SER VI CE Page 13 ARTICLE 15 HOLIDAYS Page 13 ARTICLE 19 VOTING LEA VE Page 14 AR11CLE 20 1RADING TIME Page 14 ARTICLE 21 LEAVE WITHOUT PAY Page IS • INDEX (CONTINUED) • ARTICLE 22 UNIFORMS Page 15 ARTICLE 23 AUTO MOBll.E AllOWANCE Page 16 ARTICLE 24 INSUR .',~,CE Page 16 ARTICLE 25 DENTAL INSURANCE Page 17 ARTICLE 26 LIFE INSURANCE Page 17 ARTICLE 2'/ RETIREMENT BENEFITS Page 17 ARTICLE 28 LAYOFF Page 17 ARTICLE 29 ED UCATI 0NAL IN CENTIVE Page 18 ARTICLE 30 SETTI.E ME,Yf OF DISPUTES Page 18 ARTICLE 31 SUPPLIES Page 21 ARTICLE 32 DRUG TESTING AND PHYSICAL • FITNESS Page 21 ARTICLE 33 EXCLUSIVENESS OF CONTRACT Page 21 • • • CXlll.EClIVE BARCWNJNO CONTRACT BETWEEN lHE ENGLEWOOD FIRE FIGHTERS LOCAL #1736 ANDlHE QTY OF ENGLEWOOD ~0R 1liE YEAR 1997 This contract is entered into by 1111d between the City of Englewood (hereinafter referred to as the "City") and the Englewood Fire FighterS (hereinafter referred to as the "Union"). It is the purpose of this con:ract to achieve a:.id maintai.n harmonious relations tx:rwecn th e City and the Union; to provide for equitable aD.d pe:iceful adjustment of differences which l'l&Y arise, and to establish proper standards of wages, hours and other conditions of employmenL Except where limited by upress provisions elsewhere in this contract, nothing in this contract shall be construed to restrict, limit, or impair, the rights, powers a:id authority of the City as granted to it under th e laws of the State of Colorado and the City's Charter and Municipal Code. The rights, powers, and authority include, but arc not limited to, the following : A. The determination of Fire Department policy including the right 10 manage the affairs of the Fire Department in all respects. B. The right to assi gn working hours, including overtim ~. C. The right 10 establish, modify or change work schedules , manning of app ar arus, amount of app ara rus in the main or reserve fleet, etc. D. The right to direct the members of the Fire Department inc.iuding th e righ t to hire, promote, transfer or discipline or discharge for cause, any fire fighter within the Fire Department. E. The table of organization of the Fire Department including the ri gh t to organize and re organize the Fire Dcpanmcnt in any manner it chooses, including the size of the Fire Department and the determination of job classification an d ranks based upon duti es as signe d. F. The determination of the safety, health an d property prote ction me asur e for the Fire Deparnnent. O. The allocatioz. 1111,1 •eeipmem ol work IO ell !Int flgbten within the Fire Dep,nment. H. The dctcnnination of policy a1fectina the selection or training of fire fi&hters . I. The scheduling of operations and the determination of the IIWllber and duration of hours of assigned duty per week. J. The establishment, discontinuance, modification and enforcement of Fire Department rules, regulations and orders. K. The transfer of work from one position to another within the Fire Department. L The introduction of lh."W, improYed or different methods and techniques of operation of the Fire Department or a change in the existing methods and teclm,'!ues. M. The placing of service, maintenance or other work with outside contractors or other agencies of the City. N. The determination of the number of ranks and the l!'=~e1. of fire fighters within each rank. 0. The dete"llination of the amount of supe1vision necessary. ARTICLE 1. RECOGNmON The City recognized the Union as the organization L-ertified pursuar., to the Charter of the City of Englewood, as the sole and exclusive collective bargaining agent for all full. time classified Englewood Fire Fighters including Fire Figh ter, Driver-Operator-Engineer, Fire /Medic and Lieutenant. ARTICLE 2. EMPLOYEE RIGHTS A A full-time classified employee covered by this contract shall have the right: 1. To form, join, suppon or participate in or to refrain fr om forming, joining, supp orting or participating in any employee organization or its lawful activities ; and 2. Bargain collectively through their certified employee representative . 3. No ~mployee shall be interfered with, restrained, coerced or discriminated against because of the exercise of these rights nor shall th e right of an individual employee to dis cuss employment concerns with the City be infriI;ged upon. 2 • • ARTia.E 3. BUUEI1N BOARDS • A. The City qrees ID provide space in the fire station for UnioD bulletin boards • • which shall be properly maimailled by the Union. They are ID be used for the following notices: 1. Union meetinp. 2. Union elections. 3. Repons of Union committees. 4. Rulings of policies of the International Union. 5. Recreational or social affairs of tbe Union. B. The union agrees that there :.hall be no other general dismbution or posting by the Union or employees upon City property, provided, however, the Director oi Safety Services may permit other material not provided for above at his/her discretion ID be posted or dismbutcd. The material posted shall not contain anyt;.ing reflecting deiogatorily upon the City, any of its employees, or any other organization of City employees. The ':ity agrees that during working hours on City premises and without loss of pay, Union members may be allowed to: ancnd Union and/or management m~tings. post Union noticts, solicit Union membership during employee's non-work time, and one on-duty represe:itative will be allowed to assist an employee on grievances, or appeals. provided advance 1>r,cice is given to the Director and the work load permits. ARTICLE4.DUESDEDUCTION A. The City agree:; ID deduct the Union dues twice each month from the pay 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 :o the City Finance Director by the Treasurer ;if the Union, and the aggregate deductions of all employees shall be remitted together with an itemized statement to the Treasure, by the 15th of the succeeding, month, after such deductions arc made . The authorization shall be revocable during the term of the Contract, upon a thiny (30) day written notice by the employee to the City Finance Director. B. Deduction shall be made from only two (2) payments of wages each month, except that if wages are not paid an authorized employee on the LlSt payday of a given month , deduction for that month will be made from any WBf;eS which may be paid to him /her on the next succeeding iinal monthly City payday. It is expre&uy understood that the •.:ity assumes no liability and shall not be liable for the collection or payment to the Union of any dues during any time that an employee is not actually worlone for the City and actually on the payroll of the City. In the 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 sLall indemnify and bold the City harmless against 'Uly and all claims, suit. or ders or judgment brought or issued against the City as a result of any action taken or not taken by the City under the provision of this Anicle . 3 D. Changes in the dues amount to be dednctlld sbal1 be limited to twv (2) c:lwi,ps each year and provided a Ulirty (30) day written notice ii provided to the City Fmance Director. E. Should the change in the deduction amount or method require a computer programming change, the Union shall be respollSl"ble for that cost of su~ change or changes, at $30.00 per hour with a four ( 4) hour muimwn. Payment from the Union shall be made to the City Finance Director within ten (10) days of receipt of billing. ARTICLE 5. RULES AND REGULATIONS A. Except as limited by the express terms of this contract, the City retains the right to promulgat¢ ,.... 'liable mies, regulations, policies, procedures and directives. Said rules, regulations, po .. ..1, procedures and d:-ectives which are an alleged violation of this contract shall be subject to the grievance pr, .::dure. B. The City agrees to consult with the Unioc conccrmng the formulation of changes of rules and regulations, policies, procedures and directives. ARTICLE 6. DURATION OF CONTRACT A. 1bis contract shall take effect on January 1, 1997, and shall con-in u~ in force to and inci uding Decemb er 31 , 1997. B. 1bis contract or any part of it. may be terminated or renegotiated at any time by mutual consent of both parties. C. If any article or section of this contract should be held invalid by operation of law or the District Court, or if compliance with or enforcement of any urticlc or section should be restrained by such District Court, the remainder of this con:ract shall remain in full force and effect, and the parties shall promptly meet and confer for the p~ of attempting to arrive at a mutually satisfactory replacement for such article or section. D. Toe panics agree and understand that provisions relating to employees covered by this contract shall in no way displace or modify present or future statutory case law of the State of Colorado . E. Toe parties acknowledge that dunng negotianons which resulted in this contract, e~.ch had the i:nlimited right and opportunity to make demands and 1,1roposals with respect to any ~ubject or matter appropriate for meetings and to confer and liavc discussioJS and that the understandings and agreements arrived at by the parti~s after this exercise of that right and opportunity arc set forth in this con tract. 4 • • •• • • ARTICLE 7. HOURS OF WORK A. For those employees assiped to shift work, 1;be worlc sclJeduh: shall normally consist of any average of semity-two (72) boul-. of w,,Ak in r,iue (9) amic.'01tive days. reoccurring work c:ycles based on a twenty-four (24) hour altematillg basis of &rkle;r system. B. Employees assigned to non-shift work shall normally be scheduled ~or an average of at least forty ( 40) boun of work in seven (7) consecutnie day reoccmring work cycles . C. It is specifically undentood and agreed that nothing herein shall be construed as guaranteeing employees a ml.aimum or maximum number of houn per day or per week. D. The work schedule may be changed by the Director of Safety Services provided a minimum nine (9) days advance notice is given. Work schedules may be changed without i.. lvance notice in the case of emergencies as determined by the Director of Safety Services. ARTICLE 8. COMPENSA".ilON A The salary schedule that becomes effective on January l, 1997, is as follows, and reflects an increase of 3.5 % over 1996 saliuy scbedule. Re&ular Straight Premium Tune Hourly or Over- -..Rm._ time ;\ate ~ .Awlwll Firefighter (probationary) $10.44 $15.66 $2,533 $ 30,392 Fir efigh ter (1st class ) 11.88 17.82 2,884 34,6('~ Firefighter (2nd Oass) 13.07 19.61 ~.172 38,063 Firefighter (3rd Class) 14.38 21.57 3,489 41,869 Firemedic 2nd Oass 14.38 21.5 7 3,489 41,869 Fir emedic 3rd Class 15.82 23.72 3,838 46,056 Driver/Operator/ Engineer 15.82 23.72 3, 8 46,05 6 Lieutenant 17.40 26.10 4,222 50,662 5 B. (1) The !>&Y rate for Omer Opera1or Enpioer ii 10.. more tbaD Fire Fipw m The pay rare for LieulOlllllll is 10.. mn tbaD tbe ma for DriYv Operalor Engineer. • (2) The base wqe rate for F1111 Fllhter II ii ten pen:ent (10%) below tbe base wage rate for Fire Fiahier m The bue wqe rare for Fire Fighter I is ten percent (HJ%) below the bue wage me fur Fire Fiabter IL (3) In no event shall an employee's bue wage rate be reduced for the year 1997. C. The compensation figures ide r.tif!ed in Paragraph A above are based upon the number 1.1f regularly scheduled hours per mmth and per year including overtime, and arc not adjusted for because of the city's biweekly f<;.,y system. 1be mt:thodology 115cd in determining the hourly, premium/overtime, monthly a,i r mnual compensation is contained in Appendix B attached. D. The hourly rate set forth above is the employee 's straight time hourly wage rate for the purpose of computing premium/overtime compensation. The annual compensation reflected in Paragraph A above includes compensation for sc:bedulec overtime . E. In the event thd sr.,enty-two (72) hour work schedule based upon a nine (9) day reoccurring work cycle identified under Section 7(k) of the Fair Labor Standards Act is adjusted or amended, the hourly wage rate identified in Table 1 shall l>e adjusted so that thll end result shall continue to reflect an annual gross compensation as identified in Paragraph A F. Effective January l , 1988, in addition to their regular hourly wage rate, qualified employees holding the rank of firefighter who are assigned and authorized by the Fire Chief • to perform or, a regular basis Fire Medic duties shall receive a ten (10%) percent wage incre:lSC over and above the affected employees' regular hourly wage rate . G. In addition to their regular hourly wage rate, shift fire investigators assi&11ed and authorized by the Director of Safety Services will receive S 100.00 per month o~ its hourly wage rate equivalent. ARTICLE 9. OVERTIME A. Standard Ovenime. I. Upon determination that the repo rting of assigned personnel io the du shift is be low the City established !eve ~ the call to off-duty per$Onnel for oven im will be made. 2 No n-exempt employees covered by this contract working in positions other than th eir acrual rank are counted in acting capacity. In the event requireme nts necessitate positions be filled with acrual rank. personnel of so.id rank wiU be ord ered in. 6 • • • • 3. Noa-aemp( employees COfflecl bJ tbls amanct shall receive ovenlme compeDHrion for ,l/ort performed over ml Ibale Ille mlped work scbedule. Airj ow:rtime compemation for traiDlq ilhal1 be~ to the pmvisi0111 of the Fair Labor Standards Act. All overtime compemaooa shall be calculated at time and one-half (1 1/2) of the employees regular wage rate. 4. The ~n won::ing c,n:rtime will be paid IClDal hours worked for that position which he/siffl 6lls. The method used to select FU"e Fllhters to work overtime situations w;ill be contained in procedures published by the Director of Safety Senic:es. To-: Jll"OCedures will pl'OYide a fair and equitable distnbution of overtime. The procedure will contain a selection process whereby an eligible individual will not forfeit bis/her position in the selection proc:ess if: less than a twelve-hour block of time is worked; if the employee is siclc or on annual leave; or if this would require the employee to work sevmr,-two ("n) consecutive hours, or more. Refusal for sici:neu-will be acccptcd 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 employee returns to duty. However, if an employee is on annual leave, be/she bas the option to work on any but bis/her own shift. 5. If no off-duty personnel wish to work, the Shift Commander will order in the first person be/she contacts followmg the normal rotation. If the overtime person is not at the assigned station by 0700, the person on d11ty will automatic:i.lly be given one (1) hour overtime, minimum, and thereafter in half (1/2) hour increments. 6. If at any time during the shift the absent personnel returns to duty, the officer in charge will relieve the person working that overtime positiorc Toe person working the overtime will be paid a minimum of two (2) hours wnrked. If more than two (2) hour.; arc worked, bis/her time will be computed to the nearest next half (1/2) hour. 7. No one other than the Director of Safety Services, the on-duty Shift Commander, or acting Shift Commander, Union representative, at the request of the employee, with the employee and management personnel present, shall have access to or review the overtime card s. Any person not following this policy or found tampering with the file will be subje ct o disci plinary action by the Director of Safety Ser;,ices. B. Emergency Overtim:. 1. Emergency overtime is defined as a multi-alarm situation or disaster where more tban normal manning is rei.,11ired and must be authorized by the Director of Safe ()' Service s. 7 C. 2. Wba IIOIMIICIIIPl emp~ CXMred 1w this CODtrlet work avertime on ID emerpm:y call bade buia, that Cl9Cr1ime llllll be computed on a forty (40) hour dilly week wqe buis. Combined overtime. 1. When a non-exempt employee covei-ed ),y this contract is working a SWldard overtime shift and reapouds to an emorgency with other employees callcd ID emergency overtime, be/she will be CC1mpemated on the emergency overtime basis during the period of that emergen..-y. D. Compensatory Tune . 1. Compensatory time including 11IIIISed personal leave, holiday time and overtime hours may be accumulated as compensatory time up to a maximum of 150 hours. 2. Accumulated compensatory hours may be cashed out for pay subject to a mamnum of 75 hours per year. 3. At any time during the year at 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 employee 's regular hourly wage rate. 4. Employees must notify the Deparn.'lent by October 1 of each year, of their intention of receiving compensatory pay in lieu of time off. Payout for compensatory time hours accrued will be bas.;,J ou the 101:tl n..mber of hours on • record as of October 1 of each year. 5. The use of compensatory time off shall be determined by the needs of the Department and taken at times approved by the Director oi Safety Servkes . 6. (a) At the employee's option, compe nsa10ry time including unused personal leave hours and holiday hours shall be transferr~ti :11 10 a compensatory time bank subject to D.l abov e or paid out at the employee's regular hourly wage rate . (b) At the employee 's option, any ovenime 'lours accrued may be transferred into th e compensatory time bank s:ibject to D. l above or paid OUL 7. All compensatory hours in excess of 150 will be paid or taken in time off at the discretion of the Director of Safety Services. 8 • ARTICLE 10. ACTING PAY All acting positions lllliped and authorized by the Director of Safety Serw:ea or the Director's designated represemmive will be rompemwd at full pay. The employee must be in the position three (3) coDSel:Utive shifts before the employee becomes eligi"ble for acting position compensation. Such l"'-Y shall be retroactive to the tint day the employee assumes responsibility of the position. Acting assignments will be made according to the following procedure: Ac;tin& p O,E. Fint Priority -Eligibility List Sealnd Priority -Check-off List Third Priority -Fm: Fi&hter m Fourth Priority -Fire Fllhter ll .Al:liD&.LI. First Priority -Eligibility List Secund Priority -DOE/Fire Fighter Ill Third Priority -Fire Fighter ll • ARTICLE 11. ANNUAL LEA VE • A. sch edule : Shift work employees shall be entitled to annual leave according to the following 1-4 vears continuous service 5-9 years continuous service 10-14 years continuous service 15-19 years continuous service 20 + years continuous servi ce Hourlv Accumulation Per Month 13 hours 15 19 21 23 Annual Total ~ 156 180 228 252 276 .shim 6.5 7.5 9.5 10.5 11.5 1n order to qualify for annual leave credit during the month, the employee must have worked at least one-half (1/2) of the working da)S of that month excluding authorized paid leave. Annual leave shall not be granted to any employee until he/she has been in the employ of the City for at least one (1) year unless otherwise authorized by the Director of Safety Services. B. The maximum atam1ulation of annual leave shall be two (2 ) times the employee 's normal annual le ave accumulation. 9 C. Method of Selection • The selection for use of annual leave shall be by seniority. The fust round of selection begins by those employees with patest seniority choosing first and these with less seniority choosing last The second l'IJlllld of selection will begin with those having less seniority choosing first and those with more seniority choosing last D. Use -The schedule for use of annual leave shall be determined by the niiecls of the Department Annual leave shall be taken at a time convenient to and approved by i.tc Direct'Jr of Safety Services. E. Annual Leave Pay -Toe rate of annual leave pay shall be the employee's regular straight time hourly rate of pay for the employee's regular job and charged on a working bol!r basis, excluding regular days off. Annual leav(. shall be allowed only to the total Jourly amount accumulated at the beginning of the leave, as verified and authorized by the Dwctor of Sai~ty Services. Employees may receive their annual leave pay, provided the employee makes a written request to tl:eir supervisor and approved by the Director of Safety Services fifteen (15) calendar days prior to the stan of their annual leave . F. Minimum Usage • There shall be a one (1) shift minimum use of annual leave time for shift workers with the following exception : If an employee covered under this contract bas used all of the personal leave provided to him/her for the year, the employee may use annual leave of less than one (1) shift as approved and authorized by the Director of Safety Services or the Director's designated representativ e. G. Annual Leave Pay Upon Separation • Airj employee who is separated from the • service of the City, i.e., retirement, termination or layoff, shall be compensated for the unused annual leave time accumulated at the >:ime of separatioJJ. ARTICLE 12. PERSONAL LEA VE Effective January 1, I 988 . all shift work employees covered by this contract shall be ;;,anted ninety-six (96) hours of personal leave with pay which an employee is entitled to use for the following purpo ses : A. Time lost as a result of illness/injury to the employee or the employee's immediate family . B. Attend personal business . C. Leisure time . For any employee who has not used the ninety-six (96) hours of personal leave, the City will compensate sai •' employee for the unused time at the employee's regular wage rate to be paid in the second pay period in November of each year. Personal leave .ime shall not exceed ninety-si.x (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 bis /her superviso r at least one (I) ho11 r prior to the emp loyee 's scheduled reporting tim~ . JO • • • • At the employee'• option, DIIIIIOd penoul leave boo.l.tS as described above may be tramfer!ed into the compens&IOIY time &auk subject 1,0 Anide 9D or paid out at the employee's regular hourly wage rate. ARTICLE 13. DISALiLITY • TEMPORAR Y (NON JOB REIATED) 1'-Definition• Temporary diabilit'f is leave granted for non-sern<.e connected injury ,.,, • '..'l!Jll ss of an employee which disability pr,mnts the er.iployee from perfa,;.ning his/her duties as a Cily employee. B. Provision -During the life of !bu contract, the City agrees to provide temporary cfuabitity leave witll pay for employr:cs absent ~s a result of illDess/injury at the rate of one ht.lldrcd oercem (11)0%) cf the employee's reg1.l!a.r wage up to one hundred twenty (120) calendar ila:,s/fony (40) shifts . C. Temporary disability leave shall not be accumulative except that on January 1 of each year, the C11y shllll restore one hundred percent (100%) of the number of days/shifts used by an employee during the preceding year up to a maximum of sixty ( 60 ) days or twenty (20) shifts . D. Utilizatio n. 1. Authorization for temporary clliability le:ive with pay shllll only be grantee! after the first shift/ day of disability . 2. Authorization for temporary disability shall be granted for the following reasons: a. Illness or injury of the employee not service connected, includin g maternity . E. Sick Leave Op ti on -All liick leave accrued by employees prior to January 1, 1980, sh all vest with the employee, and may be ~sed in the following manner : L After the one hundred twenty (120) days/forty (40) shifts as described above have be en used, unless the empl oyee is entitled to retirement as a result of disability . 2 . By cashing in all accrued sick leave accumulated under the previ ous plan upon normal retirement from the City at the rate of one ( 1) hour's pay for ea ch two (2) ho ·rs of accrued sick leave at the cir.ployee 's regular rate or one (1) hour', pay ;o: each four (4) hours upon separation from the City . 3. By cashing in accrued sick le ave under th e previo us plan, OLce each year at the conversion ra.te of four ( 4) hours sick lea·,e for one (I ) hour pay, not to c.~ceed a convers ion of more than four hundred (400) ho>JTS each year . 11 F. Reporting of Temporary Disability • Tho ~' ~ a member of the employee's household shall notify the employee's Shift Commawler aK least tr:ty (30) minutes prior to the employee's scheduled reporting time. No temporary disability leave will be granted to an employee who fails to notify their Shift Commander prior to the beginning of the employee 's work schedule. The employee's Shift Coll!lllllllder may waive the reporting requirement depending upon the circumstances surrounding the te1nponuy disability. G. Verification of Disability • An attending pbysic:iau's 5WCIJ1ent will not be necessary unless required by the Director of Safety Servic:e5. If the Director requires the employee to see a physician , the City will pay the cost of such euminarion and/or office visit. H. Abuse of Temporary l'lisability • Abuse of temporary disability occurs when an employee misrepresents the actual reason for requesting temporary disability or when an employee uses temporary disability leave for unauthorized purposes. An employee who make s a false claim for temporary disability leave shall be subject to disciplinary action or dismissal . ARTICT.E 14. DISABILITY -ON-THE-JOB INJURY A. For any on-the-job injury which c:iuses any employee to br. absent from work as a result of such injury, the city shall pay to such employee bis /her full wages from the first day of his/her absence from work up to and including the 90th calendar Jay of such absence , less whatever sums received by the employee as disability benefits under workmen's 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 oi workmen's compensations or the retirement /pension provision as provi ded under State st:1tute. 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. ARTICLE 15 . Mll..lTARY LEAVE A. Any permanent or probati onary employee who enlists or is inducted into the military, naval, air or other armed services of the United States in time of war shall be entitled to a le ave of absence without pay for the duration of such war or until honorably discharged . whi LIJever occurs first. and for one (!) year thereafter. B. Any employee who sh all be a member of Lil e National Guard or any other component of the military forces of the State, now or hcreaft,:r organiud or constituted unde r the State or fed eral law , .s hall be entitled to a leave of ab.sencc from his /her employment without loss of pay, seniority, status, efficiency ating, vacation, sick leave or other benefits for all the time when he /she is engaged with such organization or component in training or active service ordered or authorized by proper authority purs·1ant to l.,w, whether for State or fed eral purposes, but not exceeding fifteen (15) days in any calendar ye:il'. Such leave shall be allowed 12 • in case the required mill'wy <.mo.a, Is satisfaclorily performed, wbicb shall be presumed uni~ the contrary is established • • C. Such leave sha'tl not be allowed unless the e:JJployee returns to his/her public position immediately upon l:,e~ reliew:d from such milhary sernce and not later than the ezpiration of the time herein limited for such leave, unless be/she is prevented from so retuming by physical or menu.. disability or other cause not due to his/her own fault or is required I,y proper authorities to continue in ~c::; military service beyo~.d the time herein limited for such leave. D. Subject to provision A, B an :I C above, !be City shall provide fall pay to an employee granted military leave, less whatever comp ensation the employee may have received by the military for such service . ARTIO.E 16. FUNERAL I.EA VE The Director of Safety Services shall grant lt:ave with pay to an employee to au:nd the funeral of a member of the-~mployee's family. The number of days granted shall be iovemed by the circumstances of the case, but shall be at least one ( 1) shift and in no event shall they exceed three (3) of the employees regulnly assigned shifts. For the purposes o~ this section "employee 's family ' shall me:111 the employ1:e 's spouse, or the children, grandchildren, parents, grandparents, 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 ?.Jl employee for serving on jury duty or as a wime in his/her official capacity in obedience t,, a subpoona or direction by legal authority. H-~/she shall be entitled to the difference between his/her regular co'.llpensation and the fees received for jury duty or as a wimess . When he /she is ~ubpoenaed as .1 witness in private litigation to testify, not in bis /her official cap .. city but as an individual , ,~~ time absent by reason thereof shall be taken as accrued leave or leave without pay. ARTICLE 13. HOLIDAYS A (1) Deginning January 1, 1989, shift work employees covered by this contract will be eligible for seventy-two (72 ) hours >f holiday time-off or pay . (2) The payment for h::.:idays will be made the first pay period in December of each year based on the employee's regular straight tt.De hourly wage rate. Employees must notify the Department by October l of each year, of their intention of .eceiving holidays pay in lieu of time off . 13 (3) For employees to be elipble for holida, pay /im. off, the employee muat have worked at least one-half (1/2) of the scbedulcd boon each month excluding authorized paid leave . ( 4) Holiday pay for terminating and new bin employees will be determined on a monthly pro rata basis. (Ezample : If an employee retires on June 30, 1989, the employee is eligible on a monthly pro rata basis for si-: (6) months or one -half (1/2) of the seventy•!WO (72) boun holiday bellefiL) (5) At the employee's option, holiday boun as described above may be transferred into the compensatory time bank subject to Article 9.D or paid out as the employee's regular hourly wage rate. B. Forty ( 40) hour employees will not be eligible to n,ccive a holiday pay ·asbout, but shall receive the days off on the eleven (11) officia..!y recognized City .mlidays provided the employee has actually worked or bad approved paid leave on the day immediately plior to and following a holiday unless otherwise approved by the Safety Director. A shift work employee who is assigned to a forty ( 40) hour assignment during the cour.;e of th ' ,'C ar will be paid the pro rata holiday pay cashout at the end of that ye ar for the period that be was on shift ·vork. ARTia.E 19. VOTING LEAVE All em,loyec ; will be allowed a reasonable time off as authorized by the Director of • Safety Se rvices without loss of pay to vote . This time will be used by the employee only to vote . ARTICLE 20. TRADING TIME A. Employees may be permitted to secure another Fire Fighter of equal rank and qualifications to substitute for them subject to the approval of their Shift Co=andcr. The employee substituting shall be responsible 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 shall also be in writing. B. T rading time shall be governed by the following :riteria: 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 emplc,yee 's desire or need not becau se of Fire Department operations . 3. U a trade request is denied by a Shift Commander. the Shift Co=ander shal l provi de a written statement to the requesting employee wi th the reas on for denial of the request. 14 • ARTia.E 21. I.EAVE Wl'IHOUTPAY Eliaibiliix Permanent employees may be granted a leave of absence without pay for reasons of education which is ailied to the duties of the City, settlements of an eslllte, child care, serious illness of a member of the employee's family, but shall not be used for the purpose of obtaining employment elsewhere . Leaw without pay shall not exceed six (6) months of airJ year but may be extended upon request for an additional six ( 6) months. The total leave time shall not exceed one (1) year. Upon return from approved leave, the employee will be restored to their former position if available or to a position comparable for which the employee is qnalified During periods of unpaid leave, employees shall not continue to a=ue service credit or be eligible for any City benefits. NzpHcation for Leave A request for a leave of absence without pay shall be submitted in writing by the employee to the Director of Safety Services. The request shall indic:ne the reason the leave of absence is being requested and the approximate length of le:ive time requested . .coasiderariop of Leave ReW,1est The Director of Safety Services may grant or deny leave requests , taking into consideration the De-partment's work force, work load and the employee's request. Failure 1° Return C nless unusual circumstances exist, an employee who fails to rerurn by the date of le:ive expir:ition shall be considered to have voluntarily resigned from the service of the City . ARTICLE 22. UNIFORMS A. ( l) If an employee is required to wear a uniform and/or safety equipment, the employee s!Jall wear the uniform and/or safety equipment only as authorized or required by the department work rules. All employees shall maintain a presentable appearance while on duty . The employee is responsible for any d:image to the uniform or safety equipment by negligence or deliberate act. Toe City will be responsible for providing all uniforms and safety equipm ent. (2) The Department on a replacement basis will bear the cost of replacement uniforms . The new replacement uniform will me et OT exceed recognized industry st:indard s such as those published by OSHA, NFPA or the U.S. Bureau of S t:ind ards. B. Should the Department au th orize or require a sp ecifi c work/safety shoe. the Dep artment will provide said shoe s which will be considered pan of the requir ed uniform. If 15 the Departmem requires and provides the shoes as described above, the footwear allowance as provided in C below will be reduced to fifty percent (50%) of the cost of authorized footwear up to $50.00 per year. C. Sub,iect to conditions desaibed in B above, the Department will provide fi.'ty percent (50%) of the cost of authorized footwear up to $75.00 per year. D. Physical fimess sweatshirts, sweatpants, and rwmillg shons will be prr,vided by the Fire Department for employees engaged in the Department's physical fitness program. The above clothing will be provided according to an as-needed basis, determined by the Director of Safety Services. E. aeaning -The City will be responsible for providing cleaning for all uniforms and/or safety equipmcnL ARTICLE 23. AtITOMOBILE AllOWANCE A Fire Fighter who is specifically authorized by the Director of Safety Services to operate his/her personally-owned automobile in conduct of City business shall be paid in mileage in accordance with the City's vehicle mileage policy. ARTICLE 24. INSlJRAJ'ICE A (1) Beginning January 1, 1990, the City will pay 85% per month of the premium cost for dependent and single coverage for the City's self-funded health insurance plan. (2) Beginning January 1, 1990, employees will pay fiftee n percent ( 15%) of the monthly premium cost for dependent and single coverage for the City's self- funded health insurance plan . B. Any dispute concerning the interpretation or applic,don of benefits provided under the Health Insurance Plan shall be subject to the dispute resclution procedure only. (It is expressly understood that this Article is a non-grievabl e item under this contract.) C. It is understood and agreed that should the premium costs for the City's health insurance be reduced during the life of this contract, the City and employees will equally share in the premium rate reduction. Example: If premium rates are reduced five pcrcec t (5%), the employee's premilllD contribution shall also be reduced five (:i%). 16 • • • • ARTICLE 25. DENTAL INliURANCE A Beginning January l, 1990 the Oty will pay eighty-five percent (85%) of the premium cost fur dependent and single ~ for dental insurance. Bmplov~es will pay fifteen 7-,....,.;Dt (15%) of the premill!ll cost for dependent and single cover.ge for dental insurance. B. Any dispute concerning the interpretation or application of benefits under the Dental Plan shall be subject to the dispute resolution procedure only. (It is expressly understood that this Article is a non-grievable ilelil under this contract.) C. It is understood and agreed that should the premium costs for the City's dental insurance be reduced during the life of this amttact, the Oty and employees will equally share in the premium rate reduction. Example : If premium rates a.re reduced five percent (5% ), the employee's premium contribution shall also be reduced five (5% ). ARTICLE 26 . LIFE INSURANCE Term life insurance will be provided by the Oty for employees covered by this contract of $30,000 for eacb employee. Upon retirement the employee may conven 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 reduced by 40%. The maximum conversion privilege would then be $18,000. ARTICLE 27. RETIREMENT BENEFITS A. Retirement benefits and conmbution levels will continue as provid ed under the City Plan and State Statllte. B. The City agreeo to allow retirees and future retirees :1 conversion privilege to the health insurance conversion pl.:n ,,vai]able through the City . For empioyees who retired on o~ before December 31, 1995, the City agrees to pay fifty percent (~0%) of the cost of coverage of the he:tlth insurance conversion ;,hm or other plan selected by the retiree up to a maximum of S?S .00 per month for the employee "Uld including the employee's depe,idents . For employees who retired on or after January 1, 19%. th~ Qty agrees to pay fifty percent (50 %) of the cost of cov erage of the health insurance conv~rsi on plan or other plan selec·,ed by the retiree up to a max:imum of Sl00 .00 per month . It is th,, intention of the City to phase out this provision. ARTICLE 28 . LA. YOFF Whenever there is lack of work, lack of funJs, or othe r legitimate reas ons requirin g reductions in the number of employee~. the appointini,; authority shall designate the positi ons 17 in which the layoff is to be made. Upon such determination. die required llWllbcr of employees in the affected position shall be placed on a layoff list or traDSfened by the appointing authority, each in order of his/her relative length and quality of service as shown by the personnel records. Employees ,:,n 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. Airj employee in a higher rank, if laid off, may transfer to the previous lower rank. Toe layoff list shall termin ate after eighteen (18) months. ARTICLE 29 . EDUCATIONAL INCENTJVE Upon recommendation of the Director of Safety Services and after pl'ior approval of the Administrative Services Department, the City of Englewood shall reimburse a p .. 'Tlilallent, full. time Fire Fighter upon successful completion of an approved course or courses in education or vocational training at an accredited colleg,. or uni versity. Toe course or training must be re lated to the work and be designed to improve competence in the job , as determined by the City, and be of value to the Fire Fighter'~ SI. · ·e to th e City. This shall include all tuition, and required textS. Refunds wil! be at the pu blic mstitution rate. ARTICLE 30. SETil..EMENT OF DISPUTES A grievance is defined as an alleged violation of a specific provision of this contract. Toe emp loyee and the Association shall be requi;ed to follow th e procedure as set out below: ~ If an employee is una ble to settle th e gri evan ce or dispute orally and informally through his /her shift co mmander within fiv e (5) wo rking days of the date of th e occurrence of the grievance, or the employe e's knowled ge of it . the employee may, within the succeeding fiv e (5) work days, file a wrinen grievance wi th his /her sup ervi sor. Toe shift commander sh all atte mpt to adjust the m;;,: ~r and shall re spo nd in writing to the emp loyee within five (5) work days. ~ If the answer is not satisfactory , th e ma tte r shall be presented in writing by the employee to th e Division Chief within five (5 ) wor k days fo ll owing receip t of th e Shift Commande r's response. The Division Chief sh all re spon d in writing to the emp loyee within five (5) wo rk days. If t"ie answer is not satisfact ory, the matter shall be prese nt ed in writing by the em ployee to the Dir•!cto r of Safe ty Servi ce s wi thin fiv: (5) work days following rece ipt of th e Divisio n Chi ef's respo nse. The Dir ector of Safety Services shall respond in writing to th e employee wi thin fiv e (5) work days . 18 • • 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 response of the Director of Safety Services. The City Manager or his/her dC!ignated representative shall respond in writing within ten (10) work days. If the grievance is still unsettled. the Association, within ten ( 10) work days after receipt of the answer by ;he City Manager or his/her dC!ignated representative, may by written notice request 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 ar J the City cannot mutually agree on the mediator, a request will be filed with tl ,e American Arbitration Associatiou for a panel of seven (7) mediators to be s,!nt to the parties. (2) Toe mediator will 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 panel will be the mediator. The mediator 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 re presentatives of the Association and the City and by the mediator. The terms of any such settlement will be implemented by both parties. lf a settlement is not reached through the mediation process, the mediator will notify both parties in writing that. the mediation !'rcce:;;; bas conclu ded. Such notice concludes the grievance pl'O<."Cdure . (3) The fees of the mediator shall be borne equally by the Association and the City . (b) Arbitration. ( 1) If the Association requests arbitration, the parties will attempt 10 choose a mutually agreeable arbitrator. If witltin five days of the request for arbitration the Association and the City cannot mutually agree on an impartial arbitrator. a reques t will be filed with the American Arbitration Association for a panel of seven arbitrators to be sent to the parties. The arbitrator shall he selected by a method of alternative <:riking of names from the panel. with the first strike determined by a coir. Oin. The final name left on the panel shall be the arbitra tor. The arbitr·uor shall be requested 10 issue a decision within thirty (30) days after condusior of testimony and argument. 19 (2) Each party shall be rapon'liblo for aimpematiO'l to ha own • ropresemati9es and witnesaoa. The feoa of the arbittalOr aball be borne equally by the Assoc:ialion 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 sball share all costs for the transcript Authority of Arbjrramr 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 sball be final 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. Iiwc Llwits Failure by an employee to comply with any time limitation sball constitute a settlement of the grievance. Should the employer not respond within the prcscnbcd time, the grievance will automatically proceed to the next step. Grievang. Option It is agreed that should the appeal procedure as provided under 138:3 of the City Cbaner or applicable ordinance provisions be utilized, recourse to the grievance procedure included in • this Anicle shall be waived. Processin11 Grievance Durin11 Work Hours Grievances may be investigated and processed by the employee during working hours within reaso'lable time limits without loss of pay provided notice is given and the work load permits. The employee shall be allowed to attend bearings 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 comm11nicate 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 . Written Co.-rective Action --When the supervisor determines that a written corrective actio n is a ppropriate and necessary, the corrective action shall be addressed to the employee • • • -1 sball il!dude the violadoD; tbe soeclflc behavior 11111 tbe dates of tbe behavior (when appropriate) that support the dwp; the wmm14 th.a• comfnu•nc:e ,Jf ..ns behavior will result in disciplinary action; and an offer of usistaDce m correcting tbe behavior. A signed copy of the correc:tM action by the supervisor shall be included in the employee's official personnel file in the Employee Services ofliA:e, and the employee shall have the oppommity to submit written commems in response to the corrective action to be included in the file. If an employee disagrees with :he letter of corrective action, the employee, within scven (7) calendar days, may request a review of the written corrective action by the Administrative Services Director. ARTICLE 31. SUPPLIES A Toe City will provide and maintain suwlies and equipment for the normal operation of the Fire DepartmenL 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 bygiene (soap, toilet paper, etc.) . B. T.be provisions of this Article will be under the control of the Director of Safety Services. Indiv idual abuse to be dealt with on an individual basis. ARTICLE 32 DRUG TESTING Ai'ID P!f',SICAL FITNESS Drug testing and physical fitness 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 polit-y or physical fimess program. In addition, it is not the City's intent(c,n to insrirute rando m drug testing now or in the foreseeable furure. ARTICLE 33. EXCLUSIVENESS OF CONTRACT The City and the l! Dion agree that the terms and provisions herein contained cons ri rute th e ~n tire contract between the panies and supe rs ede all previous communications. representations or agreeme nts . either ve r bal or written, between the parci es with respect to the 21 subject matter berein. The City ll:ld the Union agree that all negotiable items have been disawed duriDa the ueaotlaliolll leadin& to this contract Uld, therefore. apee that Dep>tialions will not be reopened on any item duriq the life of this contraet, except by mutual consent of the parties. IN wrINESS WHEREOF, the parties have Qused this c:ontrai:t to be signed by their respective representatives and their signatures placed thereon, on this _ day of--~ 1996, at Englewood, Colorado . ENGLEWOOD FIRE FIGIITER S LOCAL#1736 President CITY OF ENGLEWOOD Attest: Mayor City Oerk City Manager • • • • COUNCIL COMMUNICATION Date Agenda Item Subject September 3,1996 Collective Bargaining Contract Between the City 10 a 11 and the EFF A for 1997 Initiated By Staff Source Department of Administrative Services Martin Semple, Attorney at Law Semple & Jackson, P.C. COUNCIL GOAL AND PRE vlOUS COUNCIL ACTION The previou s Collective Bargaining Contract with the Engl ewood Fire Fighte rs Association was approved b y Council fo r 1994, 1995 and 1996 . RECOMME NDED ACTIO Sta ff requ ests Council ap p rova l of the Co llective Bargaining Agreement between the Englew ood Fi re Fighters Association and th e City of Englewoocl fo r 1997. Th e co ntract covers approximately 50 e mployees. BACKGROUND, ANAL YSJS , AND ALTERNATIVES IDENTIFIED The Ci ty of Englewood and th e Englewood Fire Fighters Associa ti on entered into negotiati ons in May of 1996 in accordance with th e City o f Englewood Charter. The members o f the Englewood Fire Fight ers Association duly ratifi ed , by a majority rnte , the tenta tiv e Co ll ec ti ve Ba rga ining Agreement . Significant changes to the contract include the fo ll owing : l. Under Art icl e 8, pages 5 and b, th e medi an approach for d eterminin g wages was eliminated. Empl oyees covered by th e Contract will receive a three a nd o ne-ha lf p e rce nt (3.5°0) increase on the 1996 base wage rate effective January 1, 1997 . 2. Under Article 10, page 9, acting pay will commence upon the completion of three con~ecutive shifts in an #acting" capacity. The previous contact required four consecutive shifll;. 3. Under Articles 24 and 25; pages 16 and 17, a provision concerning the level of health 3nd dental benefits was eliminated from the previous contract. 4. Under Article 30, page 18, the grievance procedure was modified to provide for a neutral arbitrator instead of the Career Service Board which was eliminated through the Charter Amendment. Further, the Association has the option of selecting mediation as an alternative dispute resolution procedure. 5. Article 27, page 17, the provision regarding retiree insurance was changed in accordance with Council's directive. FINANCIAL IMPACT The impact of the increase (item 1) on wages, and benefits impacted by wages, is approximately $92 ,000 for 1997. The cost of reducing the acting pay criteria from four to three consecutive shifts is less than $5 ,000 . LIST OF ATTACHMENTS • •