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Home My WebLink About1990 Resolution No. 052RESOWl'ICll NO. 5 d, SERIES CF 1990-- A RESOWl'ICll APPROVlNG 'lllE 1991-92-93 COLLa:TIVE ~ING CWl'RACT BY AND BEIWED1 THE CITlf OF ENGUHXlll I COLaWlO, AND THE ENGLmXD FIRE FIGlfl'ERS ASSOCIATICll, EFFB:Tl'li: Jl\NUARY 1, 1991 THROOGII DEX:EMBER 31, 1993. WHEREAS, the 1991-92-93 Collective Bargaining Contract by and bet.'WHn the City of Englewood and Englewood Fire Fighters Association, consisting of the current agteemmt as mrended by the tentative agreement , has been &.lly ratified by a majority of the lll!!IWerS of the Englewood Fire Fighter■ Association; and WIIEREAS, Section 3-5-6 A, Englewood Municipal Code 1985, requires that the contract be approved and ratified by City Council; NCW, THEREFCm:, BE IT RESOLVEI> BY nlE CITlf cnrnc:IL CF THE CITlf CF ~, COLCIUIDO, THAT: Section 1. The 1991-92-93 Collective Bargaining Contract by and be~ the City of Englewood, Colorado, and the Englewood Fire Fighters Association, effective January 1, 1991 through December 31, 1993, a CCf1t of which is attached hereto and made a part hereof, be and the saie is hereby approved. Section 2. The Mayor of the City of Englewood is hereby authorized ancl directed to execute the 1991-92-93 Collectivo Bargaining Contract and the City Clerk shall attest the sane. ADOPTED i\ND APPROVED the 18th day of J t1ne, 1990. ~t: •~Cr~a~ ,,-.....-...4~..:~-..~~Dy e ~or I, Patricia H. Crow, City Clerk for the City of Englewood, Colorado, hereby certify the above is • true copy of Resolution No • .£:a., seriH of ~-n 044;.., ~ · ~ =---=-.P'"a""tr""1,-c""1-a""k"" ........ ero,,=--- COLLECTIVE BARGAINING CONTRACT BETWEEN THE ENGLEWOOD FIRE FIGHTERS LOCAL #1736 AND THE CITY OF ENGLEWOOD FOR THE YEARS 1991, 1992, AND 1993 INPEX CONTRACT -1991, 1992, AND 1993 ARTICLE l RECOGN IT ION Paga ARTICLE 2 EMPLOYEE RIGHTS Paga ARTICLE 3 BULLETIN BOARDS Paga ARTICLE 4 DUES DEDUCTION Paga ARTICLE 5 RULES AND REGULATIONS Paga ARTICLE 6 DURATION OF CONTRACT Paga ARTICLE 7 HOURS OF WORK Paga ARTICLE 8 COMPENSATION Paga ' ARTICLE 9 OVERT IME Page ARTICLE 10 ACTING PAY Paga ARTICLE ·11 ANNUAL LEAVE Paga 0 ARTICLE 12 PERSONAL LEAVE Paga ARTICLE 13 DISABILITY -TEMPORARY Paga ARTICLE 14 DISABILITY -ON-THE-JOB INJURY Paga ARTICLE 15 MILITARY LEAVE Paga ARTICLE 16 FUNERAL LEAVE Paga •·:..:::., '·, . ..ARTICLE 17 .. -JURY DUTY AND WITNESS SERVICE Page ARTICLE 18 HOLIDAYS Paga ARTICLE 19 VOTING LEAVE Paga ARTICLE 20 TRADING 'UME Paga ARTICLE 21 LEAVE WITHOUT PAY Paga ARTICLE 22 UNIFORMS Paga i I N P E X (CONT'D) ARTICLE 23 AUTOMOBILE ALLOWANCE Page ARTICLE 24 INSURANCE Paga ARTICLE 25 DENTAL INSURANCE Page ARTICLE 26 LIFE INSURANCE Page ARTICLE 27 RETIREMENT BENEFITS Page ARTICLE 28 L.~YOFF Page ARTICLE 29 EDUCATIONAL INCENTIVE Page ARTICLE 30 PROBATION Page ' ARTICLE 31 SETTLEMENT OF DISPUTES Page ARTICLE 32 SUPPLIES Page ARTICLE 33 DRUG TESTING AND PH SICAL C; TESTING Page ARTICLE 34 EXCLUSIVENESS OF CONTRACT Page APPENDIX A CALCULATING THE MEDIAN (EXAMPLE) Page APPENDIX B JULY 22, 1985 LETTER REGARDING OVERTIME AS PART OF REGULAR SHIFT CYCLE Page COLLECTIVE BARGAINING CONTRACT BETWEEN THE ENGLEWOOD FIRE FIGHTERS I.OCAL #1736 AND THE CITY OF ENGLEWOOD FOR THE YEARS 1991, 1992, AND 1993 This contract is entered into by and between the City of Englewood (hereinafter referred to as the "City") and the Englewood Fire Fighters (hereinafter referred to as t he "Un ion"). It i s the purpose of this contract to achieve and maintain harmonious relations between the city and the Union; to provide for equitable and peaceful adj ustment of differences which ma y arise, , and to establish proper standards of wages, hours and other conditions of employment. Except where limited by express prov1s1ons elsewhere in this contract, nothing in this contract shall be construed to restrict, limit, or impair, the rights, powers and authority of the City as granted to it under the laws of the State of Colorado and the City'.,; Charter and Municipal Code. The rights, powers, and authority include, but are not limited to, the following: A. The determination of Fire Department policy including the right to manage the affairs of the Fire Department in all respects. B. The right to assign _working hours, including overtime. C. The .right to establish , modify or change wo rk schedules, manning of -apparatus, amount of apparatus in the main or reserve fleet, etc. D, --The _right to direct the members of the Fire Department including the: right to hire, promote, transfer or discipline or discharge for cause, ;,ny fire fighter within the Fire Department. E, The table of organizatioa of the Fire Department including the right to organize and reorganize the Fire Department in any manner it chooses, including th• size of the Fire Department and the determination of job classifi~ation and ranks based upon duties assigned. F. The determination of the safety, health and property protection measure for the Fire Department. G. The allocation and assignment of work to all fire fighters within the Fire Department. H. The determination of policy affecting the selection or training of fire fighters. I. The scheduling of operations and the determination of the number and duration of hours of assigned duty per week . J. The establ.shment, 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 new, improved or different methods and techniques of operation of the Fire Department or a change in the ex i sting methods and techniques . 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 number of fire fighters within each rank , o. The determination of the amo un t of supervision necessary. ARTICLE l. RECOGNITION The City recognized the Union as the organization certified by the Career Service Board of the city of Englewood, as the sole and exclusive collective bargaining agent for all full-time classified Englewood Fire Fighters including Fire Fighter, Driver- Operator-Engineer, and Lieutenant. Excluded are Battalion r.h ief, Captain and all others as determined by the Career Service Board . ARTICLE 2. EMPLOYEE RIGHTS A. A full -time classified employee covered by this contract shall have the right: l. To form, join, support or participate in or to refrain from forming, joining, supporting or participating in any employee organization or its lawful activities; and 2. Bargain collectively through their certified employee representative. 3. No employee shall be interfered with, restrained, coerc ed or discriminated against because of the exercise of these rights nor shall the right of an individual employee to discuss employment concerns with the City be infringed upon. ARTICLE 3 . BULLETIN BOARDS A. The City agrees to pr ovide space in the fire station for ~nion bulletin boards which shall be properly maintained by the Ur.ion. They are to be used for the following notices: l. Union meetings . 2. Union elections. 3. Reports of Union committees . 4 . Rulings of pol i cies of the International Union. 5. Re c reational or social affair s of the Un ion. B. The Un i on agrees t hat t here s h all be no other general distri bution or posting by the Union or employees upon City ~ property prov id ed, how ever, the Director of Safety Services may permit other material not p r ov i ded for above at his/her discretion to be posted or dist ributed. !'he material posted shall not contain anything reflecting derogatcr.ily upon the City, any of its employ e es, or any other orga nization of City employees. The City agrees that during working hours on City premi ses and without loss of pay, Union members may be a llowed to: attend Union and/or management meetings, post Union notices, solicit Union membership during employee's non-work time, and one on-duty representative will be allowed to assist an employee on grievances, or appeals , provided advance notice is given to the Director and the work load permits. ARTICLE 4. DUES DEDUCTION A. The City agrees to deduct the Union dues twice each month · fro_m the-pay-of those employees who indiv idually request in writing .athat such deductions be made, subject to the garnishment laws of , the . state , of Colorado. The amounts to be deducted shall be .certified to the City Finance Director by the Treasurer of the Union, and the aggregate deductions of all employees shall be remitted together with an itemized statement to the Treasurer by the 15th of the succeeding month, after such deductions are made. The authorization shall be revocable during the term of the Contract, upon a thirty (30) day written notice by the employee to the City 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 last payday of a given month, deduction for that 0 month will ba made from any wages which may be paid to him/her on the next succeeding final monthly City payday, It is expressly understood that the City assumes no liability and shall not be lia ble !or the collection or payment to the Union of any dues during any time that an employee is not actually working !or the City and actually on the payroll of the City. In the event of error on the checkoff list, the City wil l not be responsible to make adjustments, until notified by the Treasurer of the Union. c. The Union shall indemnify and hold the City harmless against any and all claims, suits, orders or judgments bI'ought or issued against the City as a result of any act i on taken or no't taken by the City under the provisio.1 of this Art icl e, D, Changes in the dues amount to be deducted shall be limited to t wo (2) changes each year and provided a thirty (30) day written notice i s provided to the city Finance Director. E. Should the change in the deduction amount or method require a computer programming change, the Union shall be responsible for that cost of such change or changes, at $3 0.00 per, hour with a fou r (4) hour maximum . Payment from the Union shall be made to the City Finance Director wi t hin ten (lO) days of receipt of bi lling. ARTICLE 5. RULES AND REGULATIONS A. Except as limited by the express terms of this contract, the City retains the right to promulgate reas onab le rules, regulations, policies, procedures and d irectives . Said rules, regulations, policies, procedu res and directives which are an alleged violation of this contract shall be subject to the grievance procedure. · B. The City agrees to consult with the Union concerning the formulation . of ch ang es of rules and regulations, policies, procedures and directives. ARTICLE 6. DURATION OF CONTRACT A. This contract shall t a ke effect on January l, 1991, and shall continue in force to and including December 31, ·1993, B. This 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 article or section should be restrained by such District Court, the remainder of this contract shall remain in full force and effect, and the parties shall promptly meet and confer for the purpose of attempting to arrive at a mutually satisfactory replacement f or such article or section, D. The parties 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. The parties acknowledge that during negotiations which resulted in this contract , each had the unlimited right and opportunity to make demands and proposals wi th 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 and opportunity are set forth in this contract. ARTICLE 7. HOURS OF WORK A. For t hose employees assigned to shift work, th• work schedule shall normally consist of any average of seventy-two 172) hours of work in nine (9 ) consecu·cive days, reoccurring work cycles based on a twenty-four ( 24) hour alternating basis of Berkley system. B, Employees assigned to non-shift work shall normally be scheduled for an average of at least forty (40i hours of work in seven (7) consecutive day reoccurring wo rk cycles. C. It is specifically understood and agreed that nothing herein shall be construed as guaranteeing employees a minimum or maximum number of hours per day or per week . ....... _, D. . The work• schedule may be changed by the Director of , : j -Safety Servi ce!! ·p.ro1Zided a minimum nine ( 9) clays advanc e notice is '-· -giv en. Work · schedules may be changed without advance not i ce in the case of emergencies as determined by the Director of Safety Services. ARTICLE 8. COMPENSATION A, The salary schedule that became effective on January 1, 1990 is as f ollows: 5 Regular Straight Premium Time Hourly or ov er- ll!!t!! Um!! ll!!t!! H2lillllY Annlal. Firefighter (probationary) 8,03 12.04 $1,953 $23,436 Firefighter (1st Class) 9 .26 13.89 2,253 27,036 Firefighter (2nd Class) 10.19 15.28 2,479 29,748 Firefighter (3rd Class) 11.25 16.87 2,727 32,724 Firemedic 2nd Class 11.25 1 6 .8 7 2 ,727 32,72 4 Firemedic 3rd Class 12.33 18.50 3,000 36,000 Driver/Operator/Engin eer 12,33 18,50 3,000 36,oo·o- Lieutenant 13,56 20. 35 3,300 39,600 B, (l) Ef f ective January l, 1991, January l, 19 92, and J anuary l, 1993, employees covered by this Contract will rece ive compensat ion developed from the med ian monthly base salary for top grade Fire Fighters from the following De nver Me tropol itan Fire Departments: Aurora Denver Bancroft Boulder Castlewood Glendale Lakewood Littleton Thornton Westminster (2) Th e methodology used in determining the median wage rate is set forth below: (a) The monthly straight time wage rate excluding all other forms of comp e nsation for top grade Fire Fighter from each of the departments listed above will be arranged from highest paid to lowest paid and the median wage rate wi ll then be determined. (Example: see Appendix A attached.) ·(b) Once the median wage rate for top grade Fire Fighter i s determined, that ra~e will then be used in estab lish i ng the City of Englewood's wage rate for Fire Fighter III. (c) After the median wage rate for Fire Fighter III is established, an additional ten percent (101) will be added to that rate in order to establish the wage rate for Driver Operator Engineer. An additional ten percent ( 10\) will then be added to the new Driver Operator Engineer rate to establish the Lieutenant's wage rate . 6 (d) The base wage rate for Fire fighter II will be ten percent (lO\) below the base wage rate for Fire Fighter III, The base wage rate for Fire Fighter I will be ten percent (lO\) below the base wage rate for Fire Fighter II, (e) The methodology used in establishing the probationary Fire fighter wage rate will be the same as indicated in 2(a) above . ( f) In no event shall. an employee's base wage rate be reduced for the y,urs 1991, 1992, and 1993. -, (g) The above methodology will be used to establish wages for employees covered by this Contract for the years 1991, 1992, and 1993, (h) In order to accurately determine the wage rates from each of the Fire Departments identified in B(l), the wage data will be collected by the City and the Union in October of 1990, 1991 and 1992, , All wage data collected will be subject to verification. (i ) Should a dispute arise between the City and the Union concerning t he accu racy of the wage survey data, the dispute shall be subject to the grievance procedure contained in this Con tract. c. The compensation figures i.t'1°ntified in Table l above are based upon the number of regularly heduled hours per month and per year including overtime, and are not adjusted for because of the City's biweekly pay system. The methodology used in determining the hourly, premium/overtime, monthly and annual compensation is contained in Appendix B att~ched . . _ D. The hourly rate set forth above is the employee's --.straight· -time _b,qurly wage rate for the purpose of computing •• , 0 ., , •• premJ\lJl\/.ove:r:_time compensation. The annual compensation reflected , c -in Table l above includes compensation for scheduled overtime. E. In the event the seventy-two ( 7 2) 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 be adjusted so that the end result shall continue to reflect an annual gross compensation as identified in Table l, 7 F. Effective "'m.lary l, 1988, in addition to their regular hourly wage rate, -;1ualified employees holding the rank of firefighter who are assigned and authorized by the Fire Chief to perform on a regular basis Fire Medic duties shall receive a ten (lO\) percent wage increase over and above the affected employees' regular hourly wage rate. G. In addition to their regular hourly wage rate, shift fire investigators assigned and authorized by the Director of Safety Services will receive $100.00 per month or its hourly wage rate equivalent. ARTICLE 9, OVERTIME A. standard overtime. l, Upon determination that the reporting of assigned personnel to the duty s h ift is below the c:ty established, level, the call t o off-duty personnel for overtime will be made. · 2, Non-e xempt employees wo~king in positions other counted in acting capacity. necessitate positions be personnel of said rank will cov ered by this contract than their actual rank are In the ev ent requirements filled with actual rank, be ordered in. J. Non-exempt employees covered by this contract shall receive overtime compensation for work performed over and above the a s signed work schedule. Any overtime compensation for training shall be pursuant to the provisions of the Fair Labor Standards Act. All overtime ·compensation shall be calculated at time and one-half (1 l/2) of. the employee's regular wage rate. 4. An individual card file, for each of .the nategories shall be maintained f or the purpose of overtine recall. The files will initially be set up on the basis of seniority and then will be used on a rotation ba~is. ~he person working overtime will be paid actual hours worked for that position which he/she fills. Regular overtime cards will not be moved until a block of twelve (12) hours or more is either worked or refused. The card will not be moved for refusal 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 8 of time from the end of the last day worked until the employee returns to duty. However, if an employee is on annual leave, he/sh& has the option to work on any but his/her own shift. 5 . Shift commanders wi ll call the first person eligible and if unable to contact, he/she will continue through the normal rotation until someone is contacted. If no off-duty personnel wish to work, he/she will order in the first person he/she contacts following the no .-in al rotation. If the overtime person is not at the assigned station by 0700, the person off duty will automatical~'y be given one (l) hour overtime, minimum, and thereafter in half (l/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 worki ng that overtime position. The person working the overtime will be paid a minimum of two (2) hours worked. If more than two ( 2) hours are worked, his/her time wi ll be computed to the nearest next half , (l/2) hour. 7. No one other than t he Dire~tor of Safety Services, the on-duty Shift Commander, or acting Shift Commander, Union reprtasentative, at the request of the employee, with t he employee and mam•.gement personnel present, shall hav e 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 Di rector of Safety services. B. Emergency overt.ime. l. Emergency ovP.rtime is defined as a multi-alarm situation or disaster where more thah nt rmal manning is required and must be authorized by the Director of Safety Services. 2. . . Whe11 _non-exempt employees covered by this con tract -• -· • work overtime on an emergency call back basis, that overtime shall be computed on a forty (40) hour duty week wage basis. c. Combine~ overtime. l. When a non-exempt employee covered by this contract is working a standard overtime shift and responds to an emergency with other employees called on emergency overtime, he/she will be compensated on the emergency overtime basis during the period of that emergency. 9 I u D. Compensatory Time . 1. compensatory time including unused personal leave, holiday time and overtime hour~ may be accumulated as compensatory time up to a max ir,um of 150 hours. 2. Accumulated compensatory hours may be cashed out for pay subject to a maximum of 75 hours per year. J. At any time during the year at the City I s option any compensatory time accumulated by ar. employee in excess of seventy-five (75) hours may be cashed out for pay at. the empl~yee's regular hour.ly wage rate. 4. Employees must notify the Department by October l, of each year, of their intention of receiving compensatory pay in lieu of time off. Payout for compensatory time hours accrued will be based on the total number 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 of Safrty Services. 6. ( a) At the employee's option, compensatory time including unused personal leave hours and holiday hours shall be transferred into a compensatory time bank subject to D. l above or paid out at the employee's regular hourly wage rate. (b) At the employee's option, any overtime hours accrued may be transferred into the compensatory time bank subject to D.l above or paid out. 7. All compensatory hours in excess of 150 will be paid or taken in t'.me off at the discretion of the Director of Safety Serv i.c e.s. ARTICLE 10. ..\CTING 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 four (4) consecutive shifts before the employee become eligible for acting position =ompensation. Such pay shall be retroactive to the first day the employee assumes responsibility of the position. 10 Acting assignments will be made according to the following procedure: Acting p.o.E. First Priority -Eligibility List Second Priority -Check-off List Third Priority -Fire Fighter III Fourth Priority -rire Fighter II Acting Lt. First Priority -Eligibility List Second Priority -DOE/Fire Fighter III Third Priority -Fire Fighter II ARTICLE 11. ANNUAL LEAVE A. Shift work employees shall be entitled to annual leave according to the following schedule: l-4 years continuous service 5-9 years continuous service l0-14 years continu~us service l5-l9 years continuous service 20+ years continuous service Hourly Accumulation Per Month 13 hours 15 19 2l 23 Annual Total Ji.Qlil:l;_ 156 180 228 252 276 ~ 6.5 7 .5 9.5 l0.5 ll, 5 In order to qualify for annual leave credit during the month, the employee must have wo i.!:ed. at leave one-ha'.l.f ( l/2) of the working days of thl\t 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 (l) year unless ~therwise authorized by the Director of Safety Services .· , .• , ~ a ·. The maximum accumulation of annual leave shall be two (2) ,, ,_,_ .. _ times the employee• s normal annual leave accumulation. c. Method of Selection -The selection for use of annual leave shall be by seniority. The first round of selection begins by those employees with greatest seniority choosing first and those with less seniority choosing last. The second round of selection will begin with those having less seniority choosing firet and those with more seniority choosing last. 11 () ' u o. use -The schedule for use of annual leave shall be determined by the needs of the Department. Annual leave shall be taken at a time conven i ent to and approved by the Director of Safety services. E. Annual Leave Pay -The r ate of annual leav e pay shall be the employee's regular straight time hourly rate of pay for the employee's regular job and charged on a working hour basis, excluding regular days off, Annual leav e shall be allowed only to the total hourly a mount accumulated at the beginning of the leavi, as verified and a uthorized by the Director of Safety Services , Employees may rece ive their annual leave pay , provided the employee makes a written reques t to their supervisor and approved by the Director of Safe ty Services fif teen (15) calendar days prior to the start of their annual leave. F, Min i mum Usage -There shall be a on e (1) shift minimum use of annua l leave time for shift workers with the following exception: I f an employee cove red under this contract has used all , of the personal leave provided to him/her for the year, the employee ma y use annual leave of less than one ( 1) shift as approv ed an d author ized by th El Director of Safety Services or t he Director 1 r des i gna~~d repr esentative. G. An n ua l Le ave Pay Up on Separation -Any employee who is separated from the s ervic e of the City, i.e., retirement, termination or l.~y ,.,f :, shall be compensated for the unused annual leav e time accum~l~ted at the time of separation. ARTICLE !1.. l"ERSC\NAL LEAVE Ef fectivG January 1, 1988, all shift work employees covered by this contract s hall be granted ninety-six (96) hours of personal leave with pay which an . employee is entitled to use for the following purposes: 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 employ~e who has not used the ninety-six (96) hours ot personal leave, the City will compensate said employee for the unused time at the employee's regular wage rate to be paid in the first pay period in December of each year. Personal leave time shall not o,xceed ninety-six (96) hours nor shall it be accumulated or carrfo..l over from one year to the next . In the event o f 12 illness/injury in which personal leave is requested, the employee ~, shall notify his/her supervisor at least one (l) hour prior to the ( •1 employee's scheduled reporting time. At the employee's option , unused personal leave hou rs as described abov e may be transferred into the compensatory time bank subject to Article 9,D or paid out at the employee's regular hourly wage rate. ARTICLE 13, DISABILITY -TEMPORARY (NO JOB RELATED) A. Definition -Temporary disa bility i s leav e granted for non-service connected injury or illness of an employee which disab il ity prevents the employ ee from performing his/her duties as a City employee . B, Provision · During t he life of this contract, the City agrees t o provide temporary disability leav e with pay for employees absent as a result of illness/injury at the rate of one hundred percent (100%) of the em p loyee's regul ar wa ge up to one hundred, twenty (120) calendar days/forty (40) shif ts. C, Temporary disability leave sha ll not be accumulativ e except that on January 1 of each year, t he City shall restore one hundred percent (10 0%) of the number of days /shifts used by an emp loyee during the p rece d ing year up to a maximum of sixty (60) days or twenty (20) sh ifts. D, Utilization . 1 , Authori zation for temporary disability leave with pay shall only be granted after the first shift/day of disability . 2. Authorization for ternporar)' disabil'ity shall be granted for the following r eason,;: .a •.. Illness or injury of the employee not serv i ce connected, including maternity, E, Sick Leave Option -All sick leave a ccrued by employees prior t o January 1, 1980, shall vest with the employee, and may be used in the following mann er: l, After the one hundred twenty (120) days/forty (40) shifts as described above have been used, unless the employee is ent i tled to retirement as a result of disability. 2. By cashing in all accrued sick leave accumulated under the previous plan upon normal retirement from the city at the rate of one (l) hour's pay for each two (2) hours of accrued sick leave at the employee's regular rate or one (l) hour's pay for each four (4) hours upon separation from the City. 3. By cashing in accrued sick leave under the previous plan, once each year at the conversion rate of four (4) hours sick leave for one (l) hour pay, not to exceed a conversion of more than four hundred (400) hours each year. F. Reporting of Temporar y Disability -The employee or a member of the employee's household shall notify the employee's supervisor at least thirty (30) minutes prior to the employee's scheduled reporting time. No temporary disabil ity leave will be granted to an employee who fails to notify their supervisor prior to the beginning of the employee's work schedule. The employee's supervisor may waive the reporting requirement depending upon the circumstances surrounding the temporary disability. G. Verification of Disability -An attending ph ysid,.,1 •s statement will not be necessary unl ess re.qu ired by the Director of Safety Se rvices. If the Director re qu l res the employee to s&e a physician, the City will pay the ccst: '·'" such examinat l on and /or office visit. H. Abuse of Temporary Disabil i t v -Abuse of temporary disability occurs when an employee misr·e,.,re sents the actual reason for requesting temporary disability , : when an emf i ,y ,a e uses temporary disability leave for unauthori r.ed purposes. An ~mployee who makes a false claim for t emp orary disatility leave shall be subject to disciplinary actic c ,~ dismi ,1al . ARTICLE 14. DISABILITY -ON.-THE-JOB INJURY A. For any on-the-job injury which causes any employee to be absent from work as a result of such injury, the City s hall pay to such employee his/her full wages from the first day of his/her absence from work up to and including the 90th calendar day of such absence, less whatever sums received by the employee as disability benefits under workmen's compensation. The City reserves the right to raquire any employee on injury or disability leave to submit to an examination (s) by City-appointed physician (s) at the City I s expense or under the provision of Wurkmen•s compensations or the retirement/pension provision as provided under State statute. 14 B. All i ,ijuries 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 circum stances beyond the control of the employee would not permit. ARTICLE 15. MILITARY LEAVE A. Any permanent or rrobationary 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 leave -0~ absence without pay for the duration of such war or until honorably discharged, whichever occurs first, 11nd for one (1) year thereafter. B. Any employee who shall be a member of the National Guard or any other component of the military forces o f the State , now or hereafter organized or constituted under the State or federal law, shall be entitled to a leave of absence from his/her employment without loss of pay, seniority, status, efficiency rating, , vacation, sick leave or other benefits for all the time when he/she is engaged with such organization or com!)onent in training or active service ordered or authorized by proper authority pursuant to law, whether for State or federal purposes, but not exceeding fifteen ( 15) days in any calendar year . Such leave shall be allowed in case the required mi litary service is sat is factorily performed, which shall be presumed unless the cnntrary is established . ~. Such leave shall not be allowed unless the emp l oyee returns to his/her public position immediately upon being relieved from such militai,· service and not later than the expiration of the time herein limited for such leave, unless he/she is prevented from so returning by physical or mental disabili',;y or other cause not due to his/her own fault or is required by proper authorities to . continue in such military service beyond the time herein limited for such have . . , ,-. D. ,. Subject .. to provision A, B a ~.d c above, the City shall -provide fu ll .. pay to an employee 9ranted ,nilitary leave, less whatever compensation the employ~e may have receiv ed by the military for such service. ARTICLE 16. FUNERAL LEAVE The Director of Safety Services shall grant leave with pay to an employee to attend the funeral of a member of the employee's family. The number of days granted shall be governed by t he circumstances of the case, but shall be at least on e (l) shlft and in no event shall they exceed three (3) of the employee's r~gularly 15 assigned shifts. For the purposes ot this section, "employee's family" shall mean the employee's spouse, or t he children, grandchildren, parents , grandparents, brothers and sisters ot the employee or of the employee's spouse and other members o 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 hi s/her regular compensation and the tf!Ets received for jury duty or as a witness . When he/she is subpoenaed as a witness in private litigation to testify, not in his/her o ffic ial capacity but as an individual, the time absent by reason thereof shall be taken as accrued leave or leave without pay. ARTICLE 18 . HOLIDAYS A. (l) Beginning January l, 198 9 , shift work employees , covered by this contract will be el igible for seventy - t wo (72) hours of holiday time-off or pay . · (2) The payment for holidays will be mada the first pay period in December of each year based on the employee's regular .traight time hour l y wage rate. Er.iplo yees must notify the Department by October l, of each year, of their intention of receiving holidays pay in 1 ieu of time off. (3) For employees to be eligible for holiday pay/time off, the employee lT'USt have worked at least one-halt (l/2) of the scheduled hours each month excluding authorized pa id leave . (4) Holiday pay for terminating and new hire employees will be determined on a monthly pro rata basis. (Example: If an ""'ployee retires on June 30, 1989, .the employee is el igible on a monthly pro rata basis for six (6) months or one-half (l/2) of the seventy-two (72) hours holiday benefit.) (5) At the employee's option, holiday hours are 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. 16 s. Forty (40) hour employees will not be eligible to receive a holiday pay cashout, but shall receive the days off on the eleven (U) otticially recognized city holidays provided the employee has ac .ually worked or had approved paid leave on the day immediately prior 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 course of the year will be paid the p ~~ rata holiday pay cashout at the end of that year for the period t t t ha was on shift work. ARTICLE 19, VOTING LEAVE All employees wi l l be allowed a reasonable time off as authorized by the Direc tor of Safety Services without J.oss of pay to vote. This time will be used by the employee only to vote. >.RT I CLE 20. 'i'T.<ADING TIMF. A, Empl ,yees rr,:i y be permitted to secure another Fire F ighter o! equal rank and qualifications to subs~t l·.~t.e for them subject to t he app r oval of their supervisor. The emp loyee !3 Ul:.stituting shall be responsible to work the scheduled sh i ft and any absence shall be charged against that employee. Any request fol· substitutes shall be signed by both Fire Fighters and approval of the e,~1pervisor stall also be in writing. B. Trading time s ha ll be governed by the following criteria: l. The trad ng of time is done voluntarily by the employees participating in the t r ade. 2. The reason for trading time is due to the employee O s desire or need not because of Fire Dep a rtment operations, :. c.·,,c_._; _. ,.,.:.J · .. ·.If .a trade request is denied by a supervisor, the , ,.,.;cc,,· ,_ -supervisor. shall provide a written statement to the ........... C" · -·· ---·requesting employee the reason for denial of the request. ARTICLE :!l. LEAVE WITHOUT PAY Eligibility Permanent employees may be granted a leave of absence without pay for reasons of education which is allied to the duties of the City, settlements of an estate, child care, serious illness of a member of the employee's family, but shall not be used for the purpose of obtaining employment elsewhere. Leave without pay s hall 17 not exceed six (6) months of any year but may be extended upon request f or an additional six (6) months. The total leave time shall not exceed one (1) year. Upon r eturn from approved leave, the employee will be restored to their fonner position i! availa b le or to ~ po ~i tion com ,r.4ble for which t he employee is qualified. curing i::•r '. ods 0 1'. 1tnp a id leave, employees shall not continue to accrue s ervic~ c red tor be eligible for any City benefits. A r1«:ra s t for a leave of a bsence wi thout pay shall be submitted i.n writing by the employee to the Director of Safety Services. The request shall indicate the reason t he leave of absence i. !>sing request and the approximately length of leave time requested cons idera :;.l,i'.U o f Lea v e Request The Di r ector of Safety Services may grant or deny leave requests, t aking i nto consideration the Depa.:-tment' s work force, work load and the employee's request. Failure t, J ,~turn Unle3s unusual circumstances exist, an employee who fails to return by t he date of leave expiration shall be considered to have voluntar i ly r a signed from the service of the City. ARTICLE 22 \J NIFORMS A. ( l) If an emplo yee is required to wear a uniform and/or safety equipment , the employee shall wear the uniform and/or s afety equipme nt only as authorized or required by the department work rules. All employees shall maintain a presenta ble a p pearanc~ whil e on duty. The employe e is responsible f e r 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 repla c ement uniforms. The new replacement uniform will me e t or exceed recognized industry standards such as thos e published by OSHA, NFPA or the U.S. Bureau of Standards. 18 B. Should the Department authorize or require a apecific ~ work/safety shoe, the Department will provide said shoes which will , be considered part of the required unHorm. If the Department requires and provides the shoes as describe~ above, the footwear allowance as provide in C below will be reduced to fifty percent {SOI) of the cost of authorized footwear up to $50.00 per year. c . Subject to conditions described in B above, the Department will provide fifty percent {50%) of the cost of authorized footwear up to $75.00 per y ear. D. Physical fitness sweatshirts, sweatpants, and running shorts will be provided by t he Fire Department for employees engaged in the Depa rtment's ph ysical fitness program. The a bove clothing will be provided according to an as-needed-basis, determined by the Director of Safety Services. E. Cleaning -The City will be responsible for providing cleaning for all uniforms and/or safety equipment . ARTICLE 23. AUTOMOBILE ALLOWANCE A Fire Fighter who i s s p eci fically 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. INSURANCE A. (1) Beginning January l, 1990, the City will pay 85% per month of the premium cost for dependent and single coverage for the City's self-funded heal th insurance plan. (2) Beg i nning January l, 1990, employees will pay fifteen percent {15%) of the monthly premium cost for • -·dependent and single coverage for t he City's self-funded health insurance p l an . B. Any dispute concerning the interpretation or application of benefits provided under the Health Insurance Plan shall be subject to the dispute resolution procedure only. (It is expressly understood that this Article is a non-grievable item under this contract .) C. The City expressly agrees it shall insure required premiums are and have been paid to insure the level of benefits maintaining the usual, customary and reasonable rates charged by hospitals and physir.ians in the "Denver Metro" area, based upor, the current Colorado Relative Value study. 19 D, It is understood and agreed that should the premium costs for the City's health insurance be reduced during the life of this contract, that the City and employees will equally share in the premium rate reduction, Example: ARTICLE 25. If premium rates are reduced five percent (5%), the employee's premium contribution shall also be reduced five percent (5%), DENTAL INSURANCE A, Beginning January 1, 1990, the City will pay eighty-five percent (85%) of the premium cost for dependent and single coverage for dental insurance. Employees will pay fifteen percent (15\) of the premium cost for dependent and single coverage for dental insurance. 3, The City expressly agrees it shall insure require d pr e miums are and have been paid to insure the level of benefits ,hd.nt aining the usu a l customary and reasonable rates charged by h.:i Hp i t a ls and physicians in t he "Denver Metro" area, based upon , c urrent Colorado Relativ e Value study. c. Any dispute concerning the interpretation or application of b?-nefits under the Dental Plan shall be subject to the dispute r ~~o l ution procedure only. (It is expressly understood that this Art !c le is a non-grievable item under this contract.) D. It is understood and agreed that should the premium costs fo r. the City's dental insurance be reduced during the life of this c on t ract, that the City and empl~yees will equally share in the f,emium rate reduction. Example:If premium rates are reduced five percent (5%), the employee's premium contribution shall also be reduced five percent (5%). ARTICLE 26. LIFE INSURANCE Term life insurance will be provided by the City for employees covered by this contract of $30,000 for each employee. Upon retirement the employee may convert the life insurance amount that is in effect at the time of retirement up to $20,000 if the employee has not reach 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. 20 ARTICLE 27. RETIREMENT BENEFITS A. Retirement benefits and contribution levels will continue as provided under the City Plnn and State Statute. B. The City agrees to allow retirees and future retirees a conversion privilege to the health insurance convers i on plan availab l e through the City. The City also agrees to pay fifty percent (5 0%) of the cost of coverage of the conversion plan or other plan selected by the retiree up to a maximum of $75.00 per month for the employee and i ncluding the employee's dependents . ARTICLE 28. LAYOFF Whenever there is lack of work, lack of funds, or other legi timate reasons requiring reductions in the number of employees, the appointing authority shall designate the positions in which the layoff is to be made. Upon such determi nat ion, the required number of employees in the a ffected position shall be placed on a layoff list ~r transferred by the appointing authority, each in oreer of his/her rel a tive length and quality of serv ice as shown by the ' personnel records. Employees on layoff sha ll be recalled in the order of seni ority provided that those recalled have the demonstrated ability and same qualif i cations to perform the available work as determined by the City. Any employee in a higher rank, if laid off, may transfer to the previou-. lower rank. The cl 1 layoff list shall terminate after eighteen (18) months. ARTICLE 29 . EDUCATIONAL INCENTIVE Upon recommendation of the Director o f Safety Services and after prior approv~l of t he Employee Relations Department, the City of Englewood shall reimburse a perm anent, full-time Fire Fighter ~pen successful completion of an approved course or co·.irses · in education or vocational training at an accredited college or •. university. The • course or t r aining must be related to the work and ·: · ·. , be· dei;igned . to improv e competence in the job, as determined by the ·:· .:--·" City, ·and be of vaiue to the Fire Fighter's service ':u the Ci.ty. ··.-~•,; '"" This .. shall inc1.ude ·au tuition, and required texts. Refunds will be at the publ l c :nstitution rate. AR'l.'ICLE 30. PROBATION A. The probationary period for all newly appointed employees shall not be less than twelve (12) months from the date of hire. After completion of the probationary period, the employee shall be eligible for permanent status w:1en authorized by the City Manager. 21 u B. A promoted employee covered by this contract shall s .ve a twelve (12) month probationary period in the new posit.ion provided, however, that after having satisfactorily served in said new position for a period of at least six (6) months, the Director of Safety Services may recommend permanent status in the new position for the employee prior to the expiration of the twelve (12) month period. Should the City Manager approve permanent status for the employee prior to the expiration of the twelve (12) months probationary period, the employee shall be considered to have permanent status . c. Any permanent employee in the c..· assified service, upon being promoted to a new position in the Career Service System, shall have probationary s ·catus as set out above in any position which he/she was promoted, but shall retain permanent status in his/her previous classification and may transf~r back or be returned to that previous position at any time during the probationary period at the di scretion of the ~ity Manager and/or the employee . Should the City Manager return the employee to , his/her previous position, the employee shall be informed of the reasons for the return . o. Em::,lo yee~ rehired as prov ided under the provisions of the City's administrative procedures with less than one (1) year of sepa ration from the City shall be subject to a probationary period. Th~ department head, with the approval of the appointing authority, may modify or waive the probationary period. ARTICLE 31. SETTLEMENT OF DISPUTES A grievance is defined as an alleged violation of a specific provision of this contract. The employee and the Association shall be required to follow the procedure as set out below: Step l If an employee is unable to settle the grievance or dispute orally and informally through his/her shift commander with 1n five (5) working days of the date of the occu rrence of the gri<,vance, or the employee's knowledge of it, the employee may, wit:1in the succeeding five ( 5) work days, file a written grievance with his/her supervisor. The shift commander shall attempt to adjust the matter and shall respond in writing to t he employe,a within five (5)• work days. 22 ruiLl If the answer is not r;atisfactory, 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 response. The Division Chief shall respond in writing to the employee within five (5) work days. llilLl. If the answer is not satisfactory, the matter shall be presented in writing by the employee to the Director o f Safety Services within five (5) work days following receipt of the Division Chief's response. The Director of Safety Services shall respond in writing to the employe e within five (5) work days. ~ I f the griev ance still remains una dj usted, it shall be, presented by t he employee to the City Manager i 1' writing within five (5) work days following 1·P.ceipt o f ths response of the Director of Safety Servi ces. The City M1nager or his/her designated representative shall respond in writing wi thin te:1 (10) work days . Step 5 If the grievance is sti ll un s ettled, the As sociation, within ten (10) work days after receipt of the answer by the City Manager or his/her designated representative, may by written notice request the matter be heard by the career Service Board . The Career Service Board or its designa ted hearing officer shall be requested to issue a decision within thirty (30) days after conclusicn of . testimony and argument. Each party shall be responsible for compensation to its .own representatives and witnesses. If either ·-·party desires a ·.v.erbatim record of the proceedings, it may cause , ,.,such a-record to be -made, provided it pays for the record and makes -· copies avairable without charge to the other party and to the ... , :·career Se ,ice . Board or its designated hearing officer. Failure · •-by an employee to comply with any time limitation shall constitute a settlement of the grievance. Should the employer not respond within the prescribed time, the grievance will automatically proceed to the next step. Authority of career service Board The career service Board 01· its deslgnated hearing officer shall have no authority to add to or subtract from or change the terms of this Contract. The wri tte,, decision of the Board or its designated hearing officer shall be final and binding upon the 23 C parties. The Board or its designated hearing officer shall limit J.ts decision strictly to the grievance submitted which has been properly processed through the grievance procedure outlined. Grievance option It is agreed that should the appeal procedure as provided under 138:4 of the City Charter or applicable ordinance provisions be utilized, recourse to the grievance procedure included in this Article shall be waived. Processing Grievance During Work Hol!l'..§; Grievances may be investigated and processed by the employee during working hours wi thin reasonable time limits without loss of pay provided notice is given an d t he wo rk load permits. The employee shall be allowed to attend hearings while on duty. Oral and Written Cor rectiv e Action oral Corrective Action --Whenever ground s for c:orrecti v e ~ action exist and the s upervisor determines that the i nc ident , action or behavior of t he employee is such that more severe action is not immediately necessa ry , the s u perv isor should orally commun i cate to the employee the supervisor's obs ervation of the problem and offer assistance in correcting the situation. When an oral corrective action is given, the superv isor should ensure that the su pervisor's log is documented to show date of the corrective action and the ~-·•i re of the corrective action. The employee should be advise, .at the corrective action will be documented in the supervisor's log . Written Correct ive Action -When the supervisor determ ines that a written corrective action is appropriate and necessary, the corrective action shall be addressed to the employee and shall include the violation; the specific behavior and the dBtes of the behavior (when appropriate) that .-·upport the charge; the warning that continuance of this behavi r wi ll result in discipl.lnary action; and an offe. of assistance in correcting the behavior. A signed copy of the corrective action by the supervisor shall be included in the employee's official personnel file in the Employee Relations office, and the employee s hall 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 action, the employee, within seven (7) calendar days, may request a review of the written corrective action by the Employee Relations Director. 24 ARTICLE 32. SUPPLIES A, The City will provide and maintain supplies and equipment for the 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 oame. 3. Private phone in each station ~.nd maintenance and/or repair of same. _, 4. Maintenance of T.V.s and recorders. 5. Items of hygiene (soap, toilet paper, etc.). B. The provisions of this Article will be un der the control of the Director of Safety Services. Individual abuse to be dealt with on an individual basis. ARTICLE 33. DRUG TESTING AND PHYSICAL 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 policy or physical fitness program. In addition, it is not the City's intention to institute random drug testing now or in the foreseeable future. ARTICLE 34. EXCLUSIVENESS OF CONTRACT The City and the Union agree that the terms and provisions herein contained constitute the entire contract between the p~rties ., .. _, and. .. supersede all previous communications, representations or . e-::·,:.·agree:nents, either verbal or written, between the parties with -. , 'q :-espect:.to the .subject matter herein. The City and the Union agree , -• ::cthat .:-,all -· negotiable items have been discussed during the ·.negotiations :·leading to this contract and, therefore, agree that negotiations will not be reopened on any item during the life of this contr~ct, except _by mutual contract of the parties. 25 IN WITNESS WHEREOF, the parties have caus6d this contrac t to be aigned by their reap~mve repre~~7~:v•s and their signaturRa placed thereon, on '~his ':f_':::.~ day of , 1990, at Englewood , Colorado. ENGLEWOOD FIRE FIGHTERS CITY OF ENGLEWOOD LOCAL fl 3 Top Grade Fire Fighter Aurora Donver Bancroft Lakewood Boulder Median Castlewood Westmin;;ter Thornton Littleton Glendale APPENDIX A ~ul.ATING THE MEDIAN IEXAMPLEl Median -H±J. or .l.Q±l = 5.5 or $2,521 2 2 Base wage 2,807 2,703 2,670 2,584 2,548 2,494 2,493 2,486 2,475 2,250 2,521 City of Englewood's rate for Fire Fighter in 1988 is $2,468 or 2,l5t below median. 27 DATE June lij, 1990 INITIATED BY STAFF SOURCE ISSUE/ACTION PROPOSED COUNCIL COIIIIUNICATION AGENDA ITEK 12 (c) SUBJECT Collectivo Bargaining Contract between the City end EFFA for 1991_.1993 Roger Fraser, City Manager Roger Fraser I City Manager Council approval of the Collective Bargaining Agreement and authorizing the Mayor to ■1gn the Collective Bargaining Contract between the Englewood Fire Pighter1 Loca~1 #1736 and the City of Englewood. P!U!VIOUS COUNCIL ,.CTION Th• prev1ou1 Collective Bargaining Contract with the Englewood Fire Fighters As1ociation was approved December 12, 1987 and effective for the time period betwli)en January l, 1988 through December 31, 1990. §TAFF ANALYSIS The City of Englewood and the Englewood Fire Fighters Asoociation entered into nagotiation1 on Hay 11, 1990 in accordance with the City of Englewood Charter. The tentative agreement represents a good faith effort of both partif.■ to negotiate a collective bargaining agreement . Significant changes to the contract : Article 9 • Required overtime pay for training has been limited to FLSA standard•. Article 12 • The City is no longer required to guarantee one per»onal leave day per 1hift . Article 18 • Specifiea no caah payment, for holiday• for 40 hour employee,. Article 31 • An intermediate atop haa been added to th proceu in order to re ■olve di ■pute• atthe lowest poaaible level . BACKGROUND A Ruolution approving tho 1991-1992 -1993 Collective Borgaining Contract botvaan th• Ciey of Englewood and tho Englewood Fire Fightora Aaaociation 1a attached , Tho City of Englewood and tho Englewood Fira Fightar Auociation raachod a tontativa agru11ant on tho Collective Bargaining Agrumont on Juna l, 1990 . Tho 11111bora of tho Enalowood Fin Fightora Aaaociation duly ratified, by a majority of tho 1H11bara, tho tantativa Collective Bargaining Agrumont (au attachad notification of ratification), Th• contract ahall take effect on January 1, 1991 and ahoil continua in force to Dac111bor 31, 1993 , Th• attached contract outlin&1 the propo sed compensation 1chedule1, overtime compen ■ation , personal leave, holiday• and settlement of disputes , A financial impact of the changea is not yet available. Tho method for calculating tha raiua ha ■ remained the ■am• and, as in prior year ■, will not be available until November . D COLLECTIVE BARGAINING CONTRACT BETWEEN THE ENGLEWOOD PIRE FIGHTERS LOCAL f1736 AND THE CITY or ENGLEWOOD FOR THE YEARS 19ll, 1911, AND 1911 Thia contract is entered into by and between the City ot Englewood (hereinafter referred to as the "City") and the Englewood Fire Fighters (hereinafter refarrad to as the "Union"), TENTATIVE AGRJ:EKEN'l' Kay 21, 1990 ARTICLE 5, DURATION OF CONTRACT A, Thia contract ahall take effect on January l, 19.21, and ■hall continue in tore• to and includin9 Decellber 31, 191.2, TENTATIVI AGUl!:IIEIIT Kay 28, lHO l__; ARTICLE 8. COMPENSATION A. Th• salary schedule that became effective on January l, 1990 is as follows: Regular Straight Premium Time Hourly or over- Bll!;t tim1 B11t1 ~ Allillal Firefighter (probationary) 8.03 12.04 $1,953 $23,436 Firefighter (lat Class) 9,26 13 ,89 2,253 27,036 Firefighter (2nd Class) l0,19 15,28 2,479 29,748 Firefighter (3rd Class) ll.25 16.87 2,727 32,724 Firemedic 2nd Class ll.25 16,87 2,727 32,724 Firamedic 3rd Class 12.33 18.50 3,000 36,000 Driver/Operator/Engineer 12.33 18.50 3,000 36,000 Lieutenant 13,56 20,35 3,300 39,600 B, (l) Effective January l, ~ ll2.L. 6!'Hi January l, ~ llll and January l. 1993, employees covered by this con~ract will receive compensation developed from the median monthly base salary for top grade Fire Fighters from the following Denver Metropolit~.n Fire Departments: Aurora Denver Bancroft Boulder Castlewood G~ondale Lakewood Littleton Thornton Westminste't (2) The methodology used in determining th ~•aian wage rate is set forth below: · (a) The monthly straight time wage rate e ii cluding all other forms of compensation for top grad~ Fire Fighter· !rom each of the departments listed above will be arranged from highest pa i d to lowest p~id and the median wage rate will then be determined. (Example: see Appendix A attached.) (b) Once the median wage rate for top grade Fire Fighter is determined, that rate will then be used in establishing the City of Englewood's wage rate for Fire Fighter III. TENTATIVE AGREEMENT May 28, 1990 (c) A!ter th• median wage rate !or Fir• Fighter III is established, an additional tan percent (10') will be added to that rate in order to establish the waqa rate for Driver Operator Engineer. An additional ten percent (10') will then be added to the new Driver Operator Engineer rate to establish the Lieutenant's wage rate. (d) Th• base wage rate for Fire fighter II will ba tan percent (10') below the base wage rate for Fire Fighter III, The base wage rate for Fir• Fighter I will be ten percent (lo,) below the base waqe rate for Fire Fighter II, ( e) The methodology used in establishing the probationary Fire fighter wa;e rate · ·l.11 ba the sa1:1 e as indicated in 2(a) above . (f) In no event shall an employee's basa wage rate be reduced !or the years li21, llli, and llil, (g) 'Ihe above methodology will be used to e;t.ablish wages !or employees covered by this Contract !or the years li.21 , llli and liil, (h) In order to accurately determine the wage rates from each of the Fire Departments identified in c B(l), the wage data will be collected by the City I and the Union in 6ep~eP.!l;e. sf :9B9 aft~ 1998 ~ of 1990, 1991 and 1992. All wage data collected will be subject to verification. C, The compensation figures identified in Tabla l above are based upon the number of regularly scheduled hours per month and per year inc\uding overtime, and are not adjusted for because of the city's biweekly pay system. The methodology used in determining the hourly, premium/overtime, monthly and annual compensation is contained in Appendix A~ attached. D, The hourly rate set !orth above is the employee's straight time hourly wage rate for the purpose of computing premium/overtime comper.sation. Th• annual compensation reflected in Tabla 1 above includes compensation for schedUldd 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 Standards Act is adjusted or amended, th• hourly wage rate identified in Tabla l ■hall be adjusted so that the and result shall continua to reflect an annual gross compensation as identified in Tabla l, TENTATIVE AGREEMENT May 28 , 1990 F, Effective January l, 1988, in addition to their raqula~ hourly wa9a rate, qualified employ••• holdin9 the rank o! firafi9htar who are a ■ai g nad and authorized by the Fir• Chief t o parfoni on a raqular ba sia Fir• Madie duti•• ■hall rac~l va a tan (101) percent wa9a incr•••• over and above th••••••-•• aff•gt•d ••ploy•••' raqular hourly wa9a rat ■• TENTATIVE AGREEMENT May 21, 1990 ARTICLE 9, OVERTIME A, Standard overtime. J, No:1-axnt>t amployHa c::ovar,,d by thia c::ontrac::t ahall rac::eive c.:vertfoe ccmr, 1r ntion !01· 1o1ork performed over and above the u ■i9n ed ,;or k sch11dula , ADL oy,rtipt co;np9n11tion tor t ra i ni!)q 1h all b• pur,uant to th• provision. or: th• Fair LQt-~tandard ■ Act, All ovartime compensat!.,"\ •hall be calcuhtad at time and one-half (l l/2) ct the employ••'• r egular wage rate, D, Co:11pennt ory Tim e . 4, Emp l o:,•:, . .,,; must notify the Deputment by Octobe7.' l, of each i u r, of their intantion in nc:ei11 in9 compe nsatory pay in lieu of time oft, j'ayout tor corn pense.t o;-y time ho ·,1rs accrued will be ba se d on th• total nu,1be r or: ho un on record as or: octob er 1 of uch U,ll, TENTATIVE AGREEMENT June 1, l H O ARTICLE 12, PERSONAL LEAVE Effective January l, 1988, all •hift work employ••• covar•d by thi1 contract 1hall ba granted ninaty-1ix (96) houri of par1onal aava with pay which an amployH ii entitled to UH for tha following purpo1aa: A, TiH lost as a ruult of illna ■:1/injury to the amployH or the employ••'• !Mediate family, B, Attend personal business, C, Laisure time. For any employee who has not used tha ninety-six (96) hours of personal leave, th• City will compensate said employee for th ~ unused time at th• employee'• regular wag• r~ta to ., paid in th• tint paid period in December of each year. Pers1:,i:-'l leave time shall not exceed ninety-six (96) hours nor shall it be accumulated or carried over from year to the next, In the ev s nt of illness/injury in which personal leave is requested, th• employee shall notify his/her supervisor at least one (l) hour prior to th• employee'• scheduled reporting time. ~ ~• ,~ar aft•eei per sft1f•. At the employee's option, unused personal leave hours: as described above may be transferred into the compensatory time ba n~ subject to Article 9 D or paid out at the employee I a regular hourl y wage rate_. TENTATIVE AGREEMENT May 28 1 lHO ARTICLE 18. HOLIDAYS .IL. Forty 1401 hour 1rn;1ov111 will not Pt •liqibl• to nctiy• a holiday pay ca1hout. but •hbll receive the days off on the •l•y•n 1111 officially recognized city holidays provided th• employ•• ha• actually worked or had approved paid leave on tha day imrnadiat11y PdoL·o and following a holiday unless otherwi11 approv•d PY the safety oir1ctor. b shift work employee who it 011ian1d to a forty 1401 hour aasignment during the course of the Ytor will be paid th• pro rota holiday pay cashout at the end of that year for t he period that he was on shift work. TENTATIVE AGREEMENT . May 28 1 1990 G ,-... ARTICLE 31, SETTLEMENT OF DISPUTES ( A grievance is detined as an alleged violation of a specific provision of this contract. The employee and t he Association shall be required ,o follow the ~rocedure as set out below: ru.lLl If an emo,oyee is unable to settle the grievance or dispute orally and infcinnally through his/her shift commander within five (S) working dars of tt.e date of the occurrence of the grievance, or the employee•~ ~~owl~dge of it, the employee may, within the succeeding five ( S) work days, file a written grievance with his/her supervisor. The ,fillift commander shall attempt to adjust the matter and shall respond in writing to the employee within five (S) work days . llilLl U the answer is not satisfactory , the matter shall be presented in writing bv the ernolovee to t h e Division Chief within five (5) work days •ollowing receio:: of the suoervisor's ;esoonse. The Division Cbi 0 f shall res:iond in "riting to toe erno' oye11 •'itJin tive (5\ work days. llelLl. If the answer is not satisfactory, the 1r.atter shall be presented in writing by the employee to the Director o• ~afetv Services within five (5) work day s following receipt of the Division Chief's response, The Director of Safety Services shall respond in writing to the employee within five (5) work days. llilLl. 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 designated representative shall respond in writing within ten (10) work days. 5"lLl. If the grievance is still unsettled, the Association, within ten (10) work days after receipt of the answer by the City Manager or his/her designated representative, may by written notice request the matter be heard by the Car,aer Service Bo ard. The Career SErvice Board or its designated hearin; officer shall be requestej to issue a decision within thirty (30) days after conclusion of testimony and argument. Each party shall be responsible for TENTATIVE AGREEMENT May 28, 1990 compensation to its own representatives and witnesses. 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 copies available without charge to the other party and to the career Service Board or its rlesignated hearing officer. Failure by an employee t o comply with any time limitation shall constitute a settleme nt of the grievance . Should the employer not respond within the prescribed time , the grievance will a utomatically proceed to the next step . Authoritv o: career service Board The career Service !loa:-d or its designatad hearing officer shall have no authorit y to add to or subtract from or change the terms of this Contract. The ,:-itten decision of the ~ardor its designated hearin'.) office r s hall be final and binding upon the parties. The B·ard or its designated hearing officer shall limi t its decis i on ; r 1ct ly to the griev ance submitted wh i ch has been properly proce. sed through the grievance p r ocedure outlined. Gr!ev~nce OJtioo It is agreed that should the· appeal p :-ocedure as prov ided under 138:4 of the City Charter or a pplicable ordinance p:-ovisions be utilized, recourse to the griev ance procedure included in this Article shall be .aived. ~~ina Grie vance Purina work Hours Grievances may be investigated and processed by the employee during working hours wi thin reasonable time limits wi thout loss of pay provided notice is given a nd the work load permits. The employee shall be allowed to attend hearings while ori duty. oral and written corrective Action Oral Corrective Action --Whenever grounds for correctiva action exist and the supervisor determines t hat the incident, action or behavior of the employee is s u ch that more severe actio;, is not immediately necessary, tha supervisor shou1d orally communicate to the employee the s :i perv isor • 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 f 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 deter.nines tilat a w::itten corrective action is appropriate and necessary, tt,e corrective action shall be addressed to the employee and shall TENTATIVE AGREEMENT May 28, 1990 ( r (_ i~clude the violation, th• specific behavior and the dates of the behavior (when 'appropriate) that support the charge1 th• warning that continuance of thia behavior will ruult in diaciplinary action : and an offer of assistance in correcting th• behavior. A signed copy of the corrective action by the supervisor shall be included in the employee's ofticial personnel file in the. Employ•• Relation• office, and the employee shall hava the opportunity to submit written couents in response to the corrective action to be included in the file. If an employee disagrees with the letter of corrective action, the employee, within seven (7) calendar days, may request a review of the written corrective action by the Employee Relations Director. TENTATIVE AGP.EEHENT May 28, 19110 Englewood Fire Fighter Association • Local 1736 555 W . Jefferson Avenue • Englewood, Colorad,, 80110 Administrative Services Director Randie L. Barthlome Randie , June 12, 1990 The firefighters as s ociation has voted to ratify t he tentati\•e agree- ment negotiated bet"1een the Firefighters and the City of Englel:ood . We appreciate the pro!es.sio.-.al demeanor display ed by t he Cit y ne s,o t i ating team and thank you for your cooperatio n in scheduling mee t in g , one of which took place on short notice , Sincel'elk,1 ,,..... ✓,' , .J' JJ';I , t._ t J . W. Doyle "-..,, Engl ewood fire Fighter Association