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HomeMy WebLinkAbout2008-R-40Resolution No. 2008-R- ! C~ A Resolution Authorizing The City Council To Tender An Offer of Contract To The Jeffersonville Firefighters' IAFF Local #558 Whereas, the Jeffersonville City Council is desirous of insuring that the citizens of Jeffersonville have the best possible public safety professionals for a city its size; Whereas, the Council believes that it is important that the citizens are served by a professional, well-trained, safety minded fire department; Whereas, the City Council is obligated by ordinance to enter into a contractual agreement with the professional firefighters' union; Whereas, in order to fulfill this obligation the Council appointed Ed Zastawny, Nathan Samuel and Ron Grooms to serve as the negotiating team to engage in negotiations with the professional firefighters; Whereas, the professional firefighters' union was served by its appointed negotiating team; Whereas, the council committee and the firefighters' committee engaged in negotiations over a period of three (3) months. The negotiations were carried out in a proficient, skillful manner by both parties; Whereas, the firefighters' negotiating team presented themselves with documentation, information and subject matter that was germane to the very important issues facing the two parties; Whereas, both the council and the firefighters' agreed that the most important issue facing the parties were the best interest of the taxpayers of Jeffersonville, both their financial interest and their safety interest; Whereas, both parties agreed and understood that both sides would be faced with tough decisions dictated and mandated by the financial circumstances created by Indiana House Bill 1001; Whereas, both parties agreed and were committed to reaching a contract that best reflected the needs of the city, the citizens and the professional firefighters; THEREFORE, BE IT RESOLVED THAT: 1. The Jeffersonville City Council hereby tenders an offer of a contract to the Jeffersonville Professional Firefighters, IAFF Local #558 (Exhibit "A") attached hereto; 2. The Jeffersonville City Council commends and thanks the Jeffersonville Firefighters negotiating team and membership for their professionalism, honesty and integrity throughout the negotations. This Resolution shall be in full force and effect from and after its passage and approval. Voted Against: Passed this ~'-~ day of ~,o~,exY ,Y , 2008. Attest: r Thomas Peggy'1~1 ilder, Clerk-Treasurer Presented by me, Peggy Wilder, as the Clerk and Treasurer to the Mayor of said City of Jeffersonville, Indiana on this ~ 3`"`~ day of l~~.z~u,~'~t; 2008. Peggy IlNilder, Clerk-Treasurer IAFF Local #558 President Vice President Secretary Treasurer Sergeant of Arms- W.Eric Hedrick John Obermeier Marcus Renn Bruce DeArk Robert Jackson Executive Board Richard VanGilder, Donald Johnson, Jason Owens General Membership Phillip Lovan Kevin Lindsey Marvena Allen William Davis Ronald Bishop Jerome Stoudemire David DeArk Charles Haven Timothy Conlen Irvin Kircher Kenneth Thomas Douglas Sneed M Jason Sharp Dennis Frantz Gary Watterson Sanders Cooper Samuel Veals Eric Schnatter Stephen Gavin Josh Kempf Pamela Blanchard Gary Kinnaird John Jones Bradley Ervin Eric Lovan Donald Groove Kenneth Routh David Kaskie Anthony Thomas Wesley Davis Michael Terry Jason Wiesenauer Jacob Kroger Justin Ames Michael Osborne Rex Caldwell Isaiah Middleton Kevin Frantz Dante Cooper Stephen Case Dennis Dierking Clark Miles Mike McCutcheon Greg Hammond James Johns Robert Jones Shannon Watterson John Kinnaird Rusty Hall Chris McCain Antonio Veals Marty Stengel Brent Sneed T.J. Kiesler Travis Sharp Lorenzo Delk Josh Stith Chad Ogden 1 AGREEMENT BETWEEN City of Jeffersonville And Jeffersonville Firefighters I.A.FF. Local 558 Effective January 1, 2009 through December 31, 2012 2 Table of Contents 1. Preamble 2. Professional Negotiation Agreement 3. Administrative Policy 4. Union Recognition and Security 5. Non-Discrimination 6. Productivity 7. Payroll Deductions of Dues, Fees, and other Assessments 8. Union Business 9. Management Rights and Responsibilities 10. Fire Station 11. Seniority Rights 12. Rules and Regulations 13. Grievance Procedures 14. Discipline 15. Personnel Files 16. Shift and Work Hour Changes and Trades 17. Work Week and Training 18. Relief at Fire under Control 19.Overtime 20. Minimum & Maximum Rank & Staffing 21. Job Vacancies and Promotions 22. Holidays 23. Sick Leave, Light Duty and Fitness 24. Bereavement and Other Leave 25. Vacation 26. Clothing Allowance 27. Education Leave and Certification Pay 28. Firefighter Benefit Plan 29. Salaries and Longevity Pay 30. Conciliation 31. Retiree Benefits 32. Supplemental Agreement 33. Application of Agreement 34. Binding Arbitration Agreement 35. Effective Date and Duration Exhibit A -Vacation Schedule Exhibit B -Annual Physical Fitness Requirement 3 Article One PREAMBLE 1.1 This agreement is entered into by and between the City of Jeffersonville, Clazk County, Indiana, acting by and through its City Council and Board of Public Works and Safety, (the "Employer") and Jeffersonville Professional Firefighters Loca1558 International Association of Fire Fighters, AFL-CIO acting by and through its proper officers (the "Union"). It is the purpose of this agreement to achieve and maintain hazmonious relations between the Employer and the Union, to provide for equitable and peaceful adjustment of differences that may azise, and to establish proper standazds of hours, and other conditions of employment. Article Two PROFESSINAL NEGOTL4TIONAGREEMENT 2.1 The Employer recognizes that all permanent, uniformed members of the Jeffersonville Fire Department ("Firefighters") except the positions of Chief, Deputy Chiefs are affiliated with the Union. Article Three ADMINISTRATIVE POLICY 3.1 Firefighters are engaged in furnishing essential public service affecting the health, comfort and general well being of the citizens of the City of Jeffersonville. 3.2 Firefighters are entitled to security and fair treatment in their employment by the City_ 3.3 The City will not restrict nor foster, encourage or discourage, or oppose Firefighters joining any lawful organization. 3.4 The Employer will not seek privatization of firefighter services. The city agrees not to employ any volunteer or part-time fire services unless agreed upon by the Fire Union. 3.5 The Employer recognizes the rights of the Firefighter to satisfaction, contentment and security. 3.6 The Employer desires to put in writing its administrative policy concerning the Firefighters and to set forth the various steps for settlement of disputes or grievances, thereby eliminating potential disruption of service to the people of this community and enabling the Firefighters to have the privilege of bringing their grievances before the properly constituted authorities without delay. 6 Article Four UNIONRECOGNITIONAND SECURITY 4.1 Union Recognition. The Employer recognizes the Jeffersonville Professional Fire Fighters Union, Loca1558, I.A.F.F. AFL /CIO as the executive bargaining representative for all Firefighters, except those who occupy the positions of Chief and Deputy Chief with respect to wages, rates of pay, hours, working conditions, and all other terms and conditions of employment. Article Five NON-DISCRIMINATION 5.1 The City will not discharge, or in any way discriminate against, Firefighters for Union Membership or Union activity, and the Union will not discriminate against any member or former member of the Union for any exercise in good faith of management functions. Neither the City nor the Union will discriminate against anyone covered by this Agreement because of race, creed, color, sex, national origin, or political affiliation. Article Six PRODUCTIVITY 6.1 It is the intent of the parties to achieve and sustain maximum productivity for each Firefighter during the term of this Agreement. In return for the wage rates and conditions herein provided, and consistent with the principle of a fair day's pay, the Union will promote the objective of achieving the highest level of Firefighter performance and efficiency consistent with safety, good health and sustained effort. Article Seven PAYROLL DEDUCTION OF DUES, FEES. AND OTHER ASSESSMENTS 7.1 The City will deduct the Union's dues, fees and assessments, in any amount certified by the current Secretary-Treasurer of the Union, from the paychecks of those Firefighters, who, in writing, authorize those deductions. The total deductions collected in a pay period must be remitted to the Union Treasurer within two (2) weeks from the date of deduction. Any Firefighter authorization will remain in force until withdrawn in writing by the Firefighter. Deductions for all assessments, fees, dues and credit union will be shown on the Firefighter's paycheck stub. 7.2 If a regular payday falls during a Firefighter's assigned vacation, upon the Firefighter's request and Chiefs approval, the Firefighter will receive his/her regular paycheck prior to commencement of the vacation. io Article Eight UNION BUSINESS 8.1 Firefighters will not be penalized for attendance at conventions, conferences, seminars, and the Indiana General Assembly, provided the Chief has granted prior approval. Further, if elected or appointed to State or International Office, a Union member is entitled to a leave of absence without pay, except that negotiated insurance and pension benefits will continue at the Firefighter's expense unless and until there is duplicate coverage available in the new position. 8.2 During scheduled Union conventions, conferences, and seminars, where the President or a member of the Executive Board is planning on attending, the Union Representative will turn in a vacation day for the event, and if no additional vacation days are utilized by the membership, resulting in no additional cost to the City, the vacation day by Union Representatives will not count against his/her vacation time. ', However, if, due to leaving for Union Business, there is an additional cost to the City, due to overtime to cover empty positions, the Union Representative must utilize a vacation day. 8.3. Union Officers and Shift Stewards certified by the President of the Union have the right to conduct such Union Business as required for the efficient operation of the Union, including, but not limited to, the following: Preparing of grievances and processing while on duty. Placement of Union material on Union bulletin boards. Collective discussions concerning Union Matters while on duty. However, Union activities must not interfere with the operation of the Department. Firefighters granted leave under this Article may not be absent from their assigned duties for longer than is required to accomplish the business for which such leave is granted. 8.4 A member of the Union Executive Board must be granted time off with pay to attend grievance and / or arbitration proceedings when required by the Union during normal hours of duty. 8.5 A Union Member elected or appointed to a State Union, or National Union position shall be afforded the same benefits in regards to time off for Union business as the Local #558 President in Article 8.2. 11 Article Nine MANAGEMENT RIGHTSAND RESPONSIBILITIES 9.1 Union recognizes the Employer's prerogative to operate and manage the City fire department's affairs in all respects in accordance with the powers and responsibilities granted by law. The Employer has the right to schedule overtime work as required in a manner most advantageous to the fire department, consistent with requirements of municipal employment and public safety. The Employer has the right to determine reasonable schedules of work, and to establish the methods and processes by which such work is performed. The Employer, and Union, has the right to recommend discipline action for just cause to the Jeffersonville Fire Department Merit Board/Commission. No policies or procedures covered in this Agreement may be construed as delegating to others, reducing or abridging any of the following authority conferred on City officials: 1. The statutory responsibility of the Mayor as chief executive officer of the City, and the Jeffersonville Fire Department Merit Board for enforcing the laws of the State and the City, passing upon ordinances adopted by the City Council, recommending an annual budget, or directing the proper performance of all executive departments; 2. The responsibility of the City Council for the enactment of ordinances and the appropriation of money; 3. The responsibility of the Board of Public Works and Safety will include certifying payrolls. The Jeffersonville Fire Department Merit Board will perform duties outlined by State Statutes which may include determining Firefighters' classifications, establishing reasonable Merit Board rules and regulations, and the review of appointments in the department; 4. The responsibility of the Chief as governed by statutory provisions, ordinances and departmental rules: a. To recruit, assign, transfer. b. Recommend promotions to the Jeffersonville Fire Department Merit_Board.; c. Recommend to suspend, demote, discharge or take other disciplinary action against Firefighters for just cause; d. To determine policy and procedures necessary for departmental operations; e. To manage the department budget; and f. To take whatever actions are necessary in emergencies in order to assure the proper functioning of the department. 5. To the best of its ability, the Employer must provide equality of opportunity, consideration, and treatment of all Firefighters, and must establish policies and regulations through the Jeffersonville Fire Department Merit Board/Commission that will enhance such equality for all Firefighters. 12 Article Ten FIRE STATION 10.1 The Employer will continue to furnish all necessary cleaning supplies to maintain a clean and healthy environment in its facilities. 10.2 The Employer will provide appropriate space in each firehouse for the Union to hang its bulletin board. 10.3 Except in emergency situations, the Employer may not require a Firefighter to perform non-departmental business (except for emergency medical activities) or major maintenance on any city facility or improvement, including but not limited to; painting of buildings, roofing of buildings, installation of landscaping, making structural changes, asphalt paving, pouring concrete, and electrical work. Firefighters may volunteer for such activities. 10.4 It is understood that general maintenance and upkeep (Pride of Ownership) is the responsibility of the Firefighters. However, under no circumstances should a firefighter be disciplined for not volunteering for any special details. 10.5 The Employer and the Union both desire to maintain the highest standards of safety and health in the fire department with the goal of eliminating accidents, deaths, injuries and illness in the fire service. Protective devices, wearing apparel and other equipment necessary to properly protect the Firefighters must conform to applicable federal, state and local laws, and must be used and worn by all Firefighters. 13 Article Eleven SENORITYRIGHTS 11.1 If the Employer must institute a reduction of work force, the last Firefighter hired will be the first Firefighter laid-off. When a recall occurs the last Firefighter laid-off will be the first Firefighter called back to work. The Employer further agrees not to hire any new personnel for the Fire Department until ', ~ all Firefighters on lay-off are given the opportunity to return to work_ 11.2 The Chief will maintain a current seniority list in his office. Copies of this list will also be posted in all firehouses and maintained on an up-to-date basis. A discharged, fired, or permanently relieved Firefighter will be immediately stricken from the seniority list. 11.3 "Seniority" is defined as the relative length of accumulated service of each Firefighter of the fire department. A Firefighter's length of service will not be reduced by lost time due to sickness or injury leave, or authorized leave of absence. 11.4 Seniority will be determined from the date of hire. No more than one new hire can occur on the same date. A Firefighter's official first day will be the first day he/she reports to work and is actively on the City of Jeffersonville's payroll. Firefighters hired before Jan 1, 2009 and with the same hire date will determine seniority as they have in the past contract, which is by alphabetical order of last name. 14 Article Twelve RULESAND REGULATIONS 12.1 The Employer retains the right to recommend and implement reasonable rules and regulations to the Jeffersonville Fire Department Merit Board, including those relating to conduct and work performance. The Union retains the right to object to the reasonableness of the Employer's rules and regulations through the grievance procedure. 12.2 Any changes in the Employer's rules and regulations are to be established in the following manner: The proposed rule or regulation must be posted ten (10) business days prior to the effective date of said rule or regulation. If a grievance is filed within the ten (10) business day posting period contesting the reasonableness of the proposed rule or regulation, the effective date of the proposed rule or regulation will abate until the grievance procedure is finalized as hereinafter set forth. 12.3 If a new rule is properly posted and not opposed by the union members in the way a grievance; this rule must be maintained on the employer's bulletin board until it appears in the amended permanent rules and regulations. 12.4 The Employer agrees to provide each new hire and any current firefighter that request a copy of the most current "Rules and Regulations" and a copy of the current "SOP'S/SOG's" no later than 02/01/09. The Employer and Union agree to maintain and recognize the same copy of the most current "Rules and Regulations" and "SOP's/SOG's" at each Fire Station. A current electronic copy will be recognized as an acceptable form of said copy. 15 Article Thirteen GRIEVANCE PROCEDURES 13.1 A" Grievance" is defined as a request from a Firefighter for relief from an action that is in violation of his or her contractual and/or civil rights. A grievance may be filed when the Employer fails to follow general contract orders, memorandums, or rules and regulations. A "Business Day" is defined as any day in the week Monday through Friday, days that are recognized Holidays according to Art. 22 of this agreement are not considered business days. 13.2 Procedure to file a Grievance: STEP #1 An aggrieved Firefighter or Union may file a grievance. The grievance must be filed through the Union in writing within ten (10) business days after occurrence of the complaint or dispute. If it is not filed within ten (10) business days, the grievance is barred. The grievance must be filed on the appropriate grievance forms, and must include a statement of the relief requested. A grievance must be delivered to a member of the Union Executive Board (the "Board"). It is the responsibility of the Board member to notify the Union President or the President's designee as soon as possible (not to exceed five (5) business days). STEP #2: The Board must hear the grievance within ten (10) business days. The Board must notify the grievant of the hearing in advance, and the grievant may appear at the hearing if (s) he wishes to answer any questions the board may have or explain the grievance. The grievant will then be excused while the Executive Board will discuss and vote on the grievance. The Board will base its decision on the presented facts and the law. STEP #3: The Board will notify the grievant in writing of its decision within ten (10) business days of the hearing. STEP #4: Provided the grievance is not settled satisfactorily in Step (3), a member of the Board and the grievant must submit the grievance in writing to, and discuss it with, the Fire Chief within ten (10) business days. STEP #5: The Chief must give his written answer to the Board within ten (10) business days. STEP #6: Provided the Grievance is not settled satisfactorily in step (5), the grievant and the Executive Board may submit the grievance to the Jeffersonville Fire Department Merit Board at its next regularly scheduled meeting for review. The grievant and /or representatives, must be present at such meetings to speak on the grievant behalf unless an emergency situation prevents their appearance. 13.3 Statutes dealing with grievance procedures outlined in the Jeffersonville Fire Department Merit Board/Commission shall have priority over any procedures outlined in this article. 16 13.4 Provided the grievance is not settled in step (6), upon approval of the Merit Board and Executive Board, it shall be referred to binding arbitration as described in Article 34 of this agreement. 17 Article Fourteen DISCIPLINE 14.1 In all cases of discipline involving loss of pay, the Jeffersonville Fire Department Merit Board must give written notice of the discipline and the reason for discipline to the Firefighter and to the Union within five (5) business days of the decision to impose the discipline. 14.2 If a Firefighter is ordered to the Chiefs .office for disciplinary purposes, the Firefighter has the right of Union representation if he or she requests it. 14.3 Upon recommendation by the Administration, the Jeffersonville Fire Department Merit Board must approve all demotions. 18 Article Fifteen PERSONNEL FILES 15.1 The Employer must maintain each Firefighter's official personnel file in the Human Resource Director's Office. Upon appropriate request by a Firefighter, the Firefighter must be permitted to examine his/her official personnel file in the presence of a representative of the City. The Firefighter has the right to question any material contained in the file, and Firefighter's written response must be attached to the personnel file material to which it relates. The Firefighter will be permitted to reproduce or copy any material in his/her personnel file. 19 Article Sixteen SHIFT AND WORK HOUR CHANGES AND TRADES 16.1 Although discouraged, Firefighters may exchange shifts (swap) shifts, after receiving permission of the acting Battalion Chief, if the change does not interfere with the Fire Department's staffing requirements. Any exchange of shifts must be documented in the daily log and documented to the Human Resources Director, by the Battalion Chief who approved the exchange. 16.2 Shift trades are discouraged but if shift trades do occur, the city will not be responsible or liable for any unpaid time or compensation or increased costs caused by a shift trade. If a shift trade results in any increase costs result (such as increased overtime) those involved in said trade will be liable to pay any and all increase in costs. All shift trades must be paid back within one year from date of trade, per FLSA. 20 Article Seventeen WORK WEEK, TRAINING 17.1 Work Week. The Firefighters will be divided into three shifts. Each shift will be on duty for twenty- .: four (24) consecutive hours, except in cases of emergency, when the Employer may expand or contract on-duty hours as is reasonably necessary. The Firefighters' normal workday is from 0700 hrs. to 0700 hrs. 17.2 The Employer and the Union agree to abide by the Fair Labor Standards Act. 17.3 Upon reassignment of a Firefighter from one shift to another shift, the Firefighter should be given four (4) days off if possible. 17.4 There will be no mandatory training on holidays. 17.5 Sunday training will be conducted only if warranted by special circumstances as determined by the Fire Chief. 17.6 The Employer will provide all required training at its expense. 21 Article Eighteen RELIEFAT FIRE UNDER CONTROL 18.1 After a fire is under control, the officer in charge (IC) must see that the Firefighters working the fire are relieved at the earliest possible time. "Relieved" means to permit a break to avoid severe exhaustion if other rested, on-duty crews are available. "Relieved" does not mean to be relieved of duty. 22 Article Nineteen OVERTIME 19.1 Emergency Call-In. If the highest-ranking officer at an emergency scene (Incident Commander) determines that additional Firefighters are required, the Firefighters who most recently started their four- days-off cycle (Kelly Crew) will be called in first. If additional Firefighters are needed, the remaining Firefighters will be called in. 19.2 A Firefighter called in over his or her regular working hours will be paid one and one-half (1 %2) times his/her regular rate of pay, based on a forty (40) hour week, for all additional time worked for a minimum of three (3) hours. 19.3 If a firefighter is called in over his/her working hours for an emergency, special detail or to cover a shift he/she will be paid one and one half (11/2) times his/her regular rate of pay based on a 40 hour work week. 19.4 When the Employer must call outside the Jeffersonville Fire Department for additional assistance, every effort should be made to obtain the additional assistance from a professional career fire department. 19.5 The Employer must give Firefighters the opportunity to work overtime according to a rotating seniority list. Any time the rotating seniority list is used as an overtime call-in roster, it will be from the point of the last person called in. Any Firefighter called in for overtime may limit his/her overtime to a twelve (12) hour shift. 19.6 In case of another Firefighter's illness during a shift, a Firefighter already working an overtime shift has the first option to work the remaining overtime shift resulting from the other Firefighter's illness. 19.7 Any Firefighter summoned to appear in court while off duty to testify concerning the Firefighter's official duties, is entitled to treat the time during which (s)he is required to be physically available in court as time on duty, therefore the Firefighter will be compensated for off duty court time at a rate of one and one-half (1'/2) times his/her regular rate of pay_ 19.8 Employer is responsible for maintaining a current up to date list of line crew assignments quarterly with union review and both the Employer and Union ensures that central alarm dispatch has a current up to date list of line crew assignments. 19.9 If any Firefighter works overtime, that employee has an option to be paid. l %2 overtime pay or receive compensation time (comp-time) at double time. Upon acceptance of overtime the firefighter must inform the Battalion Chief of his/her decision on whether he/she wants monetary compensation or compensation time. At no time shall an employee be capable of receiving compensation (pay) once the comp-time option has been chosen. Comp-time follows the same rules as vacation days however if not utilized, comp-time is purged after one year from the time awarded. 23 Article Twenty MINIMUM 8c MAXIMUM RANK and STAFFING 20.1 Firefighters will be classified as Staff Personnel and Line Personnel as follows: 20.2 Staff Positions The positions of Chief and Deputy Chief shall be included in Staff Personnel. Staff personnel will not be governed under or included in the Merit Promotion System. There shall be up to three (3) staff positions appointed by the Chief. These positions hold a temporary. rank and pay grade as follows: 2 Fire Marshall (Fire Prevention) Major's Pay Grade 1 Training Officer (Safety Officer/Accountability) Captain's Pay Grade Members transferring to the Fire Prevention Division or Training Division will retain the option to return at any time to the position they held in their previous line position. A request in writing to return back to their line position will be honored without prejudice as vacancies permit. If a firefighter leaves or is removed from one of the above appointed ranks for any reason, the firefighter will return to the permanent rank and pay grade he or she held prior to accepting the staff appointment. A firefighter serving in an appointed staff position may take a permanent merit based promotion to an open line position, but he or she must serve in the position and rank for at least one (1) year before returning to a Staff Position. 20.3 Line Positions The line positions shall be occupied by firefighters who have been promoted by the Board of Public Works previous to December 31, 2008 and by the Jeffersonville Merit Commission starting January 1, 2009. No line firefighter may be bumped out of his or her position unless for just cause. If a line position opens up it shall be filled with a firefighter holding a permanent rank that is equal to or greater than the open line position. If there is no available firefighter holding an equal or higher rank, the Chief shall promote from the active certified merit commission list from the next lower rank. If there is no line position available to a firefighter with a permanent rank, the firefighter may serve in a lower line position but maintains the pay grade of his or her permanent rank. A firefighter holding such a position must accept the next open line position that equals his or her permanent rank or accept the permanent rank of the line position the firefighter currently occupies. 24 20.4 Staffing Minimums: Every apparatus in use including those at newly opened fire stations shall be staffed with a minimum of three (3) firefighters. Station #1: Shall be staffed with no less than three (3) firefighters at all times, with a minimum of three (3) firefighters on the apparatus. Station #2: Shall be staffed with no-less than seven (7) firefighters at all times, with a minimum of three (3) firefighters on both apparatus (2) and one (1) Battalion Chief. Station #3: Shall be staffed with no less than three (3) firefighters at all times, with a minimum of three (3) firefighters on the apparatus. Station #4: Shall be staffed with no less than three (3) firefighters at all times, with a minimum of three (3) firefighters on the apparatus. 20.5 If sufficient Firefighters are not available to meet the minimum staffing requirements, the Employer will call Firefighters for overtime according to the procedures outlined in Article Nineteen (19). 20.6 There shall not be any firefighters hired without the approval of the Jeffersonville Fire Merit Commission and the City Council. This does not include the Staff Positions, which are addressed in article 20.2. Line personnel are subject to the below maximum ranks: (unless an additional Station is opened) 3 -Battalion Chiefs 4 - Marshals (Majors Pay Grade) 11- Captains 12 -Lieutenants 15 -Sergeants 21 -Total for Fire Fighters 1st Class & 2"d Class It is understood that the 2 Major ranks currently working on-line as Captains will not be replaced, upon their departure these positions but will be replaced with Captains rank changing the Maximum rank to the following: 3 - Battalion Chiefs 2 - Marshalls (Majors Pay Grade) 13- Captains 12 -Lieutenants 15 -Sergeants 21- Total for Fire Fighter 1st Class & 2"d Class 20.7 Definition of Battalion Chiefs -Formerly the Shift Major in charge of City wide fire services. 25 Article Twenty-one JOB VACANCIES AND PROMOTIONS 21.1 When vacancies occur in job classifications covered by this Agreement, up to and including the rank of Battalion Chief, the Employer will post a notice within ten (10) business days of said vacancy. The vacancy will be filled within thirty (30) business days by transfer or promotion. 21.2 The Jeffersonville Fire Merit Commission will determine promotion policy. 26 Article Twenty-two HOLIDAYS 22.1 Each firefighter will receive fourteen (14) paid holidays. ', 22.2 Commencing January 1, 2009 the employer will pay each Firefighter $400 and each year thereafter. These payments will be payable one half on the first pay period in June and one half on the first pay period in December. 22.3 Those firefighters scheduled to work on a holiday will be credited twenty-four (24) hour's holiday time for those days worked. The twenty-four (24) hours will not be given until after the holiday has occurred. The following holidays may be carried over from the past year: • Veterans Day • Thanksgiving • Day After Thanksgiving • Christmas Eve • Christmas Day • New Years Eve 22.4 Holiday time must be taken in 6, 12, or 24 hour periods. Holiday List (Recognized or Observed) • New Years Day • Kings Birthday • Presidents' Day • Good Friday • Easter Sunday • Memorial Day • Independence Day • Labor Day • Veterans Day • Thanksgiving Day • Day After Thanksgiving • Christmas Eve • Christmas Day • New Year's Eve 27 Article Twenty-three SICK LEAVE. LIGHT DUTYAND FITNESS Line of Duty 23.1 A Firefighter absent due to illness and or injury sustained in the line of duty will be paid, in addition to any other benefits, the difference between the amount of wage benefits they receive under worker's compensation, if any, and the amount they would have received if on duty, for the lesser of the following two periods of time: (a) one (1) year from the date of line of duty illness or injury, or (b) the time between the line of duty illness or injury and the Firefighter's return to duty, or qualification for and receipt of pension benefits. 23.2 A Firefighter begins each year with six (6) sick days of leave. 23.3 A sick day of leave may only be submitted after 2100 to 2200 hours the day prior to the requested day or between 0600 to 0630 the day of the day being requested. 23.4 Any sick days not used in the calendar year will be carried into your sick day bank which is cannot exceed a total of 48 days. The sick bank days will be maintained by the City Personnel Director. 23.5 It is understood that sick days of leave will be granted only for sickness or injury to yourself or an immediate family member as defined in the City of Jeffersonville Employment Manual. The burden for proving sickness or injury is the Firefighter's responsibility. 23.6 The Chief or Deputy Chief(s)may immediately suspend with pay, pending merit board review until decision reached (per state statute), any Firefighter who feigns physical disability, illness or injury, or who makes false statements relative to any injury or illness. 23.7 A firefighter must submit a physician statement to the Chief or Deputy Chief(s), when (s)he returns to next scheduled tour of duty for the following reasons: (a) Two or more consecutive sick days taken. (b) For every sick day taken over three (3) throughout the calendar year. (c) If a firefighter was bumped from a single day and puts down a sick day for the same day. (d) If the employer, Chief or Deputy Chief(s), witnesses a firefighter feigning sick. (e) If a pattern of abuse of sick days is suspected on holidays by the Chief or Deputy Chief(s). 23.8 After a firefighter takes four (4) or more consecutive sick days, these sick days will no longer be recognized in the maximum daily vacation. Once all six (6) sick days have been exhausted a firefighter will begin sick leave, which consists of the firefighter's accrued sick bank days. 23.9 A Firefighter accrues six (6) additional leave days each year if the Firefighter did not take any sick days of leave in the previous year. A Firefighter will lose two (2) leave days for each sick day taken. The six (6) additional leave days may only be used in the following year they were accrued. If the additional accrued leave is not used in the year accrued, it is forfeited. On duty injuries and funeral leave will not affect leave days. 28 Non-Line o Duty 23.10 Sick Leave consists of firefighter injured in non-line of duty incidents, which includes those days accumulated in the firefighter's sick day bank before starting extended sick leave. 23.11 Extended sick leave consists of four (4) pay periods, or (2) months, after which a firefighter may be required to request disability, leave from the appropriate pension boazd. During extended sick leave, the firefighter must submit a doctor's statement to the Chief or Chief Representative upon request. 23.12 When a firefighter is on sick leave or extended sick leave and is receiving full compensation from the City, the firefighter may not engage in other compensated employment on his/her regulaz scheduled workdays, until the firefighter returns to his/her regular Fire Department position or retires from that position. Li h~Duty 23.13 If a Firefighter's medical condition will not allow the Firefighter to perform his/her normal fire suppression duties, the Firefighter may be assigned to light duty, which include administrative duties and training assignments by the Chief, Deputy Chief within the medical parameters or work restrictions specified by the Firefighter's doctor. All such duties are temporary pending the Firefighters ability to return to normal fire suppression duties. During this light duty, the Chief may select for the Firefighter to either report on the days the Firefighter's platoon works, and work his/her 24 hour shift or select to work (8) hours at Fire Headquarters on every business day. The Chief will review this temporary duty, at least every thirty (30) days. The Employer may require the Firefighter to apply to the appropriate pension board for disability retirement, if the firefighter will not be able to perform normal fire suppression duties within the foreseeable future. 23.14 Fitness and Dru tg esting It is understood that a firefighters must have and maintain a certain level of physical strength and fitness to properly perform his/her fire fighting and rescue duties. As such, if no other fitness standazd is agreed upon by the Union, Administration and the Council on or before Oct 1 2009, the following fitness procedures and standards will apply; Starting January 2010, Firefighters on his/her anniversary month of hire must participate and pass annually the physical fitness standazds attached to this agreement via Exhibit B. Fitness testing will be available at least once a month. The testing will be managed by a city contracted independent fitness professional who certifies, records in writing and communicates the results of each fitness test to the Fire Chief with a copy sent to the human resource Director. Any and all fitness related disputes shall be decided by the Merit Boazd. If a Firefighter is unable to pass, or is not present for his/her annual test on the month of his/her hire date (s)he will have 30 days to retake and pass the fitness requirement. If after this second test (30 days from first test) the Fire Fighter does not pass this fitness requirement the firefighter will be considered unfit for line duty and will go on light duty and will be given a re-test in another 30 days. If after this third test (30 days from second test and 90 days from first test) the firefighter does not pass the fitness standard (s)he will be considered unfit for duty and shall be referred to the appropriate pension board. 29 23.15 The city agrees to make available at city's expense annual physicals and with the intent for all to be completed by April 1 of each year. If the physician states the Firefighter is not fit enough to perform his/her annual fitness test the firefighter will be considered unfit for duty, at which time the firefighter will be put on light duty. 23.16 Mandatory random drug testing will be permitted and administered by the Director of Human Resources. 30 Article Twenty-four BEREAVEMENT AND OTHER LEAVE 24.1 Bereavement Leave. Three (3) working days leave with pay will be granted to a Firefighter in case of death of the Firefighter's immediate family. These days must be taken within eight (8) days from the date of death. "Immediate family" means spouse, child, grandchild, father, mother, grandparent, brother(in law), sister(in law), parent in-law, or any other relative who was living as a member of the Firefighter's household. One (1) day of leave with pay will be granted to Firefighters in case of death of any other family members this day must be taken within 5 days from the date of the death. "Other family members" consist of grandparent-in-law uncle, aunt, niece, nephew and cousins, to include in-laws. Additional bereavement leave is subject to the Chief's approval. 24.2. Military, Maternity, and Paternity Leave will be granted in accordance with existing Federal, State and Local statutes and ordinances. 31 Article Twenty-five VACATION 25.1 Firefighters receive vacation leave according to the schedule attached to this Agreement as Exhibit A. 25.2 Regular vacations (three 3 or more consecutive vacation days) are based on department seniority and will be picked in increments of 3 or 6 days. First pick must be scheduled by February 15th and second pick by March 15th of each year for that calendar year. No more than four (4) Firefighters may be scheduled for Regular vacation at one time. 25.3 Individual vacation days are based on department seniority and may be scheduled no more than thirty (30) days in advance. A Firefighter may not take an Individual vacation day if four (4) or more Firefighters are not working because of a Regular vacation, sick leave (not including sick leave of four consecutive days or more, bereavement). 25.4 Single Day: The total vacation may be taken as single days. These days are the only days that may be changed or traded, or split into 6, 12, or 24 hours. To change or cance148 hours notice must be given. To bump, 72 hours notice is required before a Firefighter is scheduled to take single day vacation time. Single vacation days may not interfere with minimum staffing requirements. A maximum of five(5) days vacation may be carried over to the next year. 25.5 Split days that require movement of personnel must be requested prior to 1900 hours. After 1900 hours, the split will be denied. ' 25.6 Incentive Days accrued prior to January 2000 may be used for extended sick leave or for retirement. These days must be recorded to the Human Resource director and verified by the Fire Chief by January 31St 2009 or these days will not be recognized. 25.7 Traded Time as outlined in Article 16 carries no seniority. 25.8 Firefighter's vacation days will be accrued January 1st of hired anniversary year. 25.9 Bumping rights: After bumping a firefighter from a single day of vacation and if you decide to cancel that day or days the firefighter with seniority will be responsible to notify the person that got bumped, if failure to do so you will be locked into that day or lose a day. 32 Article Twenty-sig CLOTHING ALLOWANCE 26.1 Commencing January 1, 2009, Firefighters will receive $400 and each year thereafter, Firefighters will receive this clothing allowance payable one half ($200) on the first pay period in June, and one half ($200) on the first pay period in December. 26.2 Clothing allowance shall be used to purchase station wear such as: Class A and B uniforms, tee shirts, sweatshirts, socks and uniform shoes. Jeffersonville Fire Department will replace: coats, helmets, gloves, nighthawks, Nomex hood, SCBA mask, bunker boots and other safety apparel or devices as outlined in the N.F.P.A. minimum requirements. Jeffersonville Fire Department will replace above mentioned safety items not covered by Firefighter's clothing allowance, in the event of damage or wear in the course of duty. If IOSHA regulations require any changes from the uniform and equipment in the Rules and Regulations of 1994, the Employer will pay the initial cost to make the required change. The Employer will ensure all the below articles are purchased and delivered to each new employee no later than 90 days after their hire date. The Employer will issue new Firefighters the following list of turnout equipment and uniforms, at the Employer's cost: 1 pr. Bunker Boots w/ steel inserts 1 Fire Coat 1 pr. Fire resistant gloves 1 Spanner wrench 1 belt w/ buckle 1 baseball cap w/ patch 3 blue T-shirts w/ insignia 3 short sleeve "Class-B" uniform 1 pr. Black plain toe uniform shoes 1 set of badges, lapel pins and name tag 1 short sleeve "Class-A" shirt (white) 1 Double Breasted Dress Jacket New SCBA Mask 1 hose chain 1 set accountability tags 1 Motorola monitor 2 pr. Navy blue sweatpants pr. Nighthawks w/ suspenders Fire Helmet (Cairns 1010) Black Tie 1 req. uniform cap 3 navy blue sweatshirts 3 pr. "Class-B" uniform trousers 3 long sleeve "Class-B" uniform shirts w/ patch Nomex Hood 1 uniform jacket w/ patch Cover-alls w/ insignia 1 long sleeve "Class-A" shirt (white) 2 Class-B Gray Golf Shirts 2 pr. "class-B uniform shorts 3 pr socks 1 IFSTA manual 1 pair Reebok walking shoes (black) All turn out equipment and uniforms listed above, must meet or exceed standards set forth by IOSHA, CAL-OSHA, and specifications stated in the Jeffersonville Fire Department Rules and Regulations. 33 Article Twenty-seven EDUCATIONAL LEAVEAND CERTIFICATIONPAY 27.1 Commencing January 1, 2009 and all years thereafter, Firefighters will no longer receive First Responders certification pay. First Responder Certification will be considered a requirement of every firefighter holding the rank of Firefighter First Class and above and compensation for this position is now included as part of standard rank pay. 27.2 Upon the Chief s approval, the Employer will pay for required schooling and courses taken by firefighters pertaining to duties of firefighting or emergency medical training. Unless the Employer furnishes transportation, the Employer will reimburse Firefighters' required travel for approved courses relating or pertaining to the duties of firefighting or emergency medical training. Firefighters will not be required to use their vacation days to attend an approved course, upon Chief's approval to attend the course the employer will ensure that minimum staffing is maintained. 27.3 If a Firefighter attends an approved course, the Firefighter will be reimbursed for meals pursuant to the existing Jeffersonville City Travel Ordinance. The Firefighter must present receipts prior to reimbursement pursuant to the Jeffersonville City Travel Ordinance. 27.4 If a Firefighter attends an approved course scheduled for more than one day, at a site more than 50 miles from Jeffersonville, Indiana, the Firefighter will be reimbursed pursuant to the existing Jeffersonville City Travel Ordinance. 27.5 We value diverse education (rope rescue, trench rescue, etc.). We encourage the Chief to pursue a broad range of skills training, as need and budget permit. 27.6 Employer agrees to compensate each firefighter that attends an approved school no less than (8) hours of compensation time per day of schooling. 27.7 Certification Pay- Line firefighters will receive additional pay on their first paycheck in December, of that year, for the number of qualified certifications/skills each firefighter has received. It is the Firefighters responsibility to ensure all certifications are recorded and turn into the Training Officer/Deputy Chief (Personnel) no later than November 15, of that year, to receive accurate pay. All certifications/skills listed below are recognized as Indiana State NFPA Certifications and will receive $100.00 compensation for each certification, not to exceed a yearly total of $400.00. List of Qualified Certifications/Skills: Instructor I Instructor IUIII Fire Officer I Fire Officer II Fire Officer III Strategy and Tactics Safety Officer NIMS Command ICS 400 Hazardous Materials Operations Confined Space Rescue Operations Rope Rescue Operations Swift Water Rescue Operations 34 Article Twenty-eight FIREFIGHTER BENEFIT PLAN 28.1 Health Benefits: The Employer will provide each Firefighter with health insurance benefits equivalent to the plans in effect on this of the signing of this contract as of January ls', 2009. Firefighters must each contribute monthly to the total cost of health insurance premiums in accordance with the following schedule: For contract term the monthly contribution to the health insurance plan for active Firefighters will be $100 single and $200 family. The co-pay is $20 and the plan deductible is $250/500. We understand that health care costs and claims are volatile, we reserve the right to renegotiate plan deductibles and employee contributions. Any changes shall be agreed upon by both parties. 28.2 Dental Benefits: The City will provide each Firefighter with dental insurance benefits equivalent to the plans in effect on the date of the signing of this contract. Firefighters must each contribute monthly to the total cost of dental insurance premiums in accordance with the following schedule: Coverage Tvne Single Coverage Firefighter plus one coverage Family Coverage 28.3 Vision Benefits: Firefighter Contribution -0- $10.00 $20.00 The City will provide each Firefighter with vision insurance benefits equivalent to the plans in effect on the date of the signing of this contract. The City will pay the cost of all vision insurance benefits for both the Firefighters and their families. 28.4 Life Insurance: The City will provide each Firefighter with term life insurance with a death benefit of at least $50,000.00 at no cost to the Firefighter. Life insurance benefits terminate upon the Firefighters' retirement or separation. 28.5 Pension and Retirement Plan: The City will continue to pay 3% of the Firefighters' PERF per person. The City will be open to consider other plans or options as presented by the Firefighters Union. 35 Article Twenty-nine SALARIESAND LONGEVITYPAY 29.1 Salaries: Position/Rank 2009 Salaries Battalion Chief: (25%) $55,,016.25 Fire Marshall (Major): (24%) $54,576.12 Captain: (17%) $51,495.21 Lieutenant: (12%) $49,294.56 Sergeant: (8%) $47,534.04 Firefighter 1St Class: (Base) $44,013.00 Firefighter 2"d Class: $41,812.35 Probationary Firefighter: $38,731.44 Position/Rank 2010 Salaries Battalion Chief: (25%) $55,843.75 Fire Marshall (Major): (24%) $55,397.00 Captain: (17%) $52,269.75 Lieutenant: (12%) $50,036.00 Sergeant: (8%) $48,249.00 Firefighter 1st Class: (Base) $44,675.00 Firefighter 2"d Class: $42,441.25 Probationary Firefighter: $39,314.00 (Pension Base $52,815.60) (Pension Base $53,610.00) Any line firefighters holding the position of Captain (but at a Major Pay Grade) shall receive the percentage equal to the Fire Marshall (24%). Salaries (increase or decrease) for section 29.1 in the last 2 years of the contract (2011 & 2012) may be decided by binding arbitration (as outlined in Art 34) if the parties are not able to come to an agreement through negotiations. The negotiations are to start no later than June 1, 2010 and binding arbitration process will start no later than August 1, 2010 if an agreement has not been reached. 29.2 Beginning January I, 2009, probationary pay will not exceed past one year, (Per IC 36-8-4-12). Firefighters hired after January 1, 2009, will be paid a Probationary salary, for the first year of their employment. After the one year of probationary status, Firefighters will be promoted to Firefighter 2nd Class. Upon the completion of 2 years of service, and obtaining certifications in Indiana Firefighter I, II along with successfully completing and passing the Indiana 1St Responder Medical Course firefighters shall be promoted to the rank of Firefighter First Class. Starting January 1, 2009 and all years thereafter, firefighters will be promoted within the department based on the guidelines set forth by the Jeffersonville Merit System after achieving Firefighter 1St class status. 29.3 Longevity Pay: The following longevity pay will be added to the monthly salary and wages of each eligible Firefighter. In addition to their position/rank pay above (Sec. 29.1), each eligible Firefighter will receive 1 % of the First Class Firefighters' base pay, per year of employment up to 20 years. Firefighters may be given the 36 option to receive their longevity in (2) annual installments (June 10th & December 10th) or in one end of the year lump sum paid on the 10th of December check. 29.4 Driver Pay: Firefighters (lst or 2°d Class) shall receive $20.00 per day that they are required to drive. No other ranks or positions will be eligible for driver pay. 37 Article Thirty CONCILL4TION 30.1 The parties hereto pledge to avoid fruitless controversies, to maintain good feelings and harmonious relationships, to give prompt attention to disputes, and to endeavor in good faith to settle all differences by conciliation. Under all circumstances, business shall be conducted without interference or interruption in regular and orderly manner, until the controversy is settled by the procedure herein before set forth. Neither party to this contract will enter into a strike or lockout against the other. 38 Article Thirty-one RETIREE BENEFITS 31.2 Upon retirement from active service of a Firefighter with twenty (20) or more years of service, the Firefighter will receive his/her turnout gear and helmet from the Employer. The retiring Firefighter will also be presented with a retirement badge and identification card. 39 Article Thirty-two SUPPLEMENTAL AGREEMENT 32.1 This Agreement may be amended only in writing and properly approved and signed by both parties. Supplemental agreements may be completed through negotiations at any time during the life of the Agreement. Either party may notify the other party, in writing, of its desire to negotiate. Supplemental agreements will become a part of the larger agreement, and subject to all its provisions. 32.2 New contract negotiations will begin no later than June 15, 2012. 40 Article Thirty-three APPLICATION OFAGREEMENT 33.1 If any provision of this Agreement, or application thereof, to any person or circumstance, is held unconstitutional or otherwise invalid, the remaining provisions of this Agreement will not be affected thereby. 33.2 Nothing in this Agreement shall be construed as reducing, diminishing, or restricting, in any manner, the powers given to the City of Jeffersonville, its boards, commissions, or individuals by state law. 33.3 This Agreement supersedes all ordinances in conflict with it. 41 Article Thirty-four Binding Arbitration Agreement 34.1 The parties agree and understand that at the time of the execution of this contract, "Public employees have been barred from all strike activity under the law of Indiana. There is no exception granted because of a public employer failing or refusing to negotiate." Elder v. City of Jeffersonville.164 Ind. App. 422 (1975) 34.2 The parties agree that this prohibition can result in harsh results when public employees attempt to negotiate contracts with the City of Jeffersonville. 34.3 The parties agree that it is fair an equitable for the parties to agree to binding arbitration on all matters, questions, issues or disputes that may arise between the parties as a result of the execution of this contract. 34.4 The parties agree that if any dispute arises as to the interpretation of the contract, its enforcement and/or meaning said shall be submitted to binding arbitration pursuant to the arbitration rules set forth below. 34.5 The parties agree and understand that the arbitrators decisions shall comport with the evidence submitted by the parties and when considering fire payroll changes (increases or decreases to section 29.1) any and all decisions must be consistent with the City's revenue available in the general fund. The arbitrators' shall be bound to acknowledging and understanding that General Fund revenue is the only source available when funding reoccurring operational expenses. 34.6 The binding arbitration agreement shall not serve to supplant or substitute for the grievance procedures set forth and agreed upon herein. 34.7 The parties agree that the binding arbitration agreement shall not serve to supplant the power, authority or duties of the Jeffersonville Fire Merit Board as adopted pursuant to ordinance and as provided for pursuant to Indiana Code. 34.8 The parties agree and understand that all decision of the arbitrator shall be final and binding 42 ARBITRATION RULES RULE 3. ARBITRATION 1.1 Agreement to Arbitrate 1.2 Case Status During Arbitration 1.3 Assignment of Arbitrators 1.4 Arbitration Procedure 1.5 Sanctions Rule Rule 1.1. Agreement to Arbitrate By executing this agreement the parties hereto agree that they shall submit all disputes that may arise as a result of the execution of this agreement to binding arbitration. Rule 1.2 Waiver Of Right To Seek Court Redress The parties understand that they shall not be permitted to seek redress from the courts and that by entering into the binding arbitration contract all matters shall be decided by an arbitrator as chosen pursuant to these rules. Rule 1.3. Assignment of Arbitrators An aggrieved party shall file a notice and/or request for arbitration with the Clark Circuit Court. Said notice shall inform the Clark Circuit Court of the aggrieved parties desire to implement the arbitration provision of the contract. The Circuit Court judge shall issue an order assigning the matter for arbitration pursuant to the contract and rules herein. Each court maintains a listing of lawyers engaged in the practice of law in the State of Indiana who are willing to serve as arbitrators. Upon assignment of a case to arbitration, the plaintiff and the defendant shall select one arbitrator therefrom and the defendant shall select on arbitrator. The two (2) arbitrators chosen shall pick a third arbitrator to serve with them to hear the dispute. ', When there is more than one arbitrator, the arbitrators shall select among themselves a Chair of the arbitration panel. Unless otherwise agreed between the parties, and the arbitrators selected under this provision, the Court shall set the rate of compensation for the arbitrator. Costs of arbitration are to be divided as follows; the City shall pay two-thirds (2/3) and the Union shall pay one-third (1/3) to the parties and paid within thirty (30) days after the arbitration evaluation, regardless of the outcome. Any arbitrator selected may refuse to serve without showing cause for such refusal. Rule 1.4. Arbitration Procedure (A) Notice of Hearing. Upon accepting the appointment to serve, the Chair of an arbitration panel shall meet with all attorneys of record to set a time and place for an arbitration hearing. (B) Submission of Materials. Unless otherwise agreed, all documents the parties desire to be considered in the arbitration process shall be filed with the Chair and exchanged among all attorneys of record no later than fifteen (15) days prior to any hearing relating to the matters set forth in the submission. Documents may include medical records, bills, records, photographs, and other material supporting the claim of a party. In the event of binding arbitration, any party may object to the admissibility of these documentary matters under traditional rules of evidence; however, the parties are encouraged to waive such objections and, unless objection is filed at least five (5) days prior to hearing, objections shall be deemed waived. In addition, no later than five (5) days prior to hearing, each party may file with the arbitrator or Chair apre-arbitration brief setting forth factual and legal positions as to the issues being arbitrated; if filed, pre-arbitration briefs shall be served upon the opposing party or parties. The parties may in their Arbitration Agreement alter the filing deadlines. They are encouraged to use the provisions of Indiana's Arbitration Act (IC 34-57-1-1 et seq.) and the Uniform Arbitration Act (IC 34-57-2-1 et seq.) to the extent possible and appropriate under the circumstances. (C) Discovery. Rules of discovery shall apply. Thirty (30) days before an arbitration hearing, each party shall file a listing of witnesses and documentary evidence to be considered. The listing of witnesses and documentary evidence shall be binding upon the parties for purposes of the arbitration hearing only. The listing of witnesses shall designate those to be called in person, by deposition and/or by written report. 43 (D) Hearing. Traditional rules of evidence need not apply with regard to the presentation of testimony. As permitted by the arbitrator or arbitrators, witnesses may be called. Attorneys may make oral presentation of the facts supporting a party's position and arbitrators are permitted to engage in critical questioning or dialogue with representatives of the parties. In this presentation, the representatives of the respective parties must be able to substantiate their statements or representations to the arbitrator or arbitrators as required by the Rules of Professional Conduct. The parties may be permitted to demonstrate scars, disfigurement, or other evidence of physical disability. Arbitration proceedings shall not be open to the public. (E) Confidentiality. Arbitration proceedings shall be considered as settlement negotiations as governed by Ind. Evidence Rule 408. For purposes of reference, Evid. R.408 provides as follows: Rule 408. Compromise and Offers to Compromise Evidence of (1) furnishing or offering or promising to furnish, or (2) accepting or offering or promising to accept a valuable consideration in compromising or attempting to compromise a claim, which was disputed as to either validity or amount, is not admissible to prove liability for or invalidity of the claim or its amount. Evidence of conduct or statements made in compromise negotiations is likewise not admissible. This rule does not require exclusion when the evidence is offered for another purpose, such as proving bias or prejudice of a wifiess, negating a contention of undue delay, or proving an effort to obstruct a criminal investigation or prosecution. Compromise negotiations encompass alternative dispute resolution. (F) Arbitration Determination. Within twenty (20) days after the hearing, the Chair shall file a written determination of the arbitration proceeding in the pending litigation and serve a copy of this determination on all parties participating in the arbitration. The Court shall enter judgment on the determination of the arbitration panel. Rule 15. Sanctions Upon motion by either party and hearing, the court may impose sanctions against any party or attorney who fails to comply with the arbitration rules, limited to the assessment of arbitration costs and/or attorney fees relevant to the arbitration process. 44 Article Thirty-five EFFECTIVE DATE AND DURATION This Agreement shall become effective upon its proper adoption by the parties listed below, and will continue in full force and effect until December 31, 2012. It shall, thereafter, automatically remain in effect until a new agreement is reached. f~ In Witness Whereof, the parties have hereunto set their hands and seals this 3~ day of -December , 2008. Jeffersonville Professional Firefighters, Loca1558, of The International Association of Firefighters W. Eric Hedrick President Marcus R ~_~ Secretary The City of Jeffersonville, Indiana Tom Galligan, Mayor Bargaining Committee Member Pegg der, Clerk-Treasurer Exhibit A Vacation Schedule Vacation time accrues to Firefighters based upon their total years of service (longevity) with the City as follows: 1 - 2 years of service ............................................ 3 days 3 - 4 years of service ............................................. 8 days 5 - 9 years of service ............................................. 12 days 10 - 15 years of service .......................................... 15 days 16 - 19 years of service .......................................... 17 days 20 - 24 years of service .......................................... 19 days 25 - Or more years of service .................................. 20 days Exhibit B Annual Physical Fitness Requirement Minimum pushup and sit-ups completed in 1.5 minute (90 seconds) and maximum time to complete a 2-mile run: New Recruit and Fire Fighters age 30 and under Male Female Push ups - 40 reps Push ups - 18 reps Sit ups - 45 reps Sit ups - 45 reps *2 Mile run - 18 minutes 0 seconds *2 Mile run - 20 minutes 0 seconds Firefighters age 31 to 40 Male Female Push ups - 35 reps Push ups - 17 reps Sit ups - 38 reps Sit ups - 38 reps *2 Mile run - 19 minutes 0 seconds *2 Mile run - 22 minutes 0 seconds Firefighters age 41 to 50 Male Female Push ups - 30 reps Push ups - 15 reps Sit ups - 30 reps Sit ups - 30 reps *2 Mile run - 20 minutes 0 seconds *2 Mile run - 23 minutes 0 seconds Firefighters age 51 to 60 Male Female Push ups - 25 reps Push ups - 12 reps Sit ups - 28 reps Sit ups - 28 reps *2 Mile run - 21 minutes 0 seconds * 2 Mile run - 24 minutes 0 seconds Firefighters age 61 and over Male Female Push ups - 20 reps Push ups - 10 reps Sit ups - 26 reps Sit ups - 26 reps *2 Mile run - 22 minutes 0 seconds *2 Mile run - 25 minutes 0 seconds * Another measurable and timed physical fifiess activity (basically equivalent to a timed 2 mile run) designed by the fu•e independent fitness professional may be substituted for the 2-mile run requirement. This substituted activity should demonstrate that the firefighter has the cardiovascular fitness to perform at an elevated cardiovascular level for 20 minutes.