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HomeMy WebLinkAboutAmended Current Agreememt AGREEMENT BETWEEN City of Jeffersonville And Jeffersonville Firefighters I.A.F.F.Local 558 Effective July 1, 2024, through December 31, 2024 1 1. PREAMBLE 3 2. PROFESSIONAL NEGOTIATION AGREEMENT 4 3. ADMINISTRATIVE POLICY 5 4. UNION RECOGNITION AND SECURITY 6 5. NON-DISCRIMINATION 7 6. PRODUCTIVITY 8 7. PAYROLL DEDUCTION OF DUES, FEES, AND OTHER ASSESSMENTS 9 8. UNION BUSINESS 10 9. MANAGEMENT RIGHTS AND RESPONSIBILITIES 11 10. FIRE STATION 12 11. SENIORITY RIGHTS 13 12.RULES AND REGULATIONS 14 ' 13.GRIEVANCE AND ARBITRATION PROCEDURES 15 14. DISCIPLINE 17 15. PERSONNEL FILE 18 16. SHIFT AND WORK HOUR CHANGES AND TRADES 19 17. WORKWEEK/TRAINING 20 18. RELIEF AT FIRE UNDER CONTROL 21 19. OVERTIME 22 20.MINIMUM &MAXIMUM RANK AND STAFFING 24 21. JOB VACANCIES AND PROMOTIONS 26 22. HOLIDAYS 27 23. SICK LEAVE 28 24. INJURIES (LINE OF DUTY OR NON-LINE OF DUTY) 30 25. PHYSICAL EXAMS 32 26. DRUG POLICY 33 27. BEREAVEMENT AND OTHER LEAVE 34 28. VACATION 35 29. CLOTHING ALLOWANCE 36 30. EDUCATIONAL LEAVE AND CERTIFICATION PAY 38 31. FIREFIGHTER BENEFIT PLAN 40 32. SALARIES AND LONGEVITY PAY 42 33. CONCILIATION 43 34. RETIREE BENEFITS 44 35. FITNESS STANDARD 45 36.NEGOTIATION OF SUPPLEMENTAL AND FUTURE AGREEMENTS 46 37. APPLICATION OF AGREEMENT 47 38. EFFECTIVE DATE AND DURATION 48 39. APPENDIX A 49 40.APPENDIX B 50 2 1. PREAMBLE 1.1 This agreement is entered into by and between the City of Jeffersonville, Clark County, Indiana, (the"City")and Jeffersonville Professional Firefighters Local 558 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 harmonious relations between the City and the Union,to provide for equitable and peaceful adjustment of differences that may arise, and to establish wages, rates of pay, hours, working conditions, and all other terms and conditions of employment for Firefighters. 3 2. PROFESSIONAL NEGOTIATION AGREEMENT 2.1 The City recognizes that all permanent, uniformed members("Firefighters") of the Jeffersonville Fire Department("Department")except the positions of Chief and Deputy Chiefs are affiliated with the Union. 4 3. 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 union or employee organization. 3.4 Unless the City by resolution determines there exists a fiscal emergency,the City agrees not to employ any private, volunteer or part-time firefighters without the agreement of the Union. Upon the City's demonstration of fiscal emergency,the City agrees to first negotiate in good faith with the Union prior to taking any actions permitted under this paragraph. 3.5. Nothing in this section or in this Agreement must be construed to prevent or impair the City in its sole judgment and discretion from entering into and performing under mutual aid agreements for fire services with other jurisdictions, provided that no such agreement must provide for another jurisdiction to provide primary fire protection services for an area of the City for which the City has the primary responsibility to provide fire services. 5 4. UNION RECOGNITION AND SECURITY 4.1 Union Recognition. The City recognizes the Jeffersonville Professional Fire Fighters Union, Local 558, I.A.F.F.AFL/CIO as the exclusive 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. 6 5. NON-DISCRIMINATION 5.1 The City is an equal opportunity employer and it is the City's policy to follow federal and state law regarding employment discrimination. Firefighters must also have the benefit of all the non-discrimination policies reflected in the City of Jeffersonville Policy and Procedure Manual. 5.2 The City must not discriminate against any Firefighter for his or her activity in behalf of, or membership in,the Union. 7 6. PRODUCTIVITY 6.1 It is the intent of the parties to achieve and sustain maximum productivity of each Firefighter during the term of the Agreement. In return of 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. 8 7. PAYROLL DEDUCTION OF DUES,FEES,AND OTHER ASSESSMENTS 7.1 The City will deduct the union's dues, fees and assessment, 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 other authorized deductions will be shown on the Firefighter's paycheck stub. 9 8. UNION BUSINESS 8.1 The article is subject to any requirements of Indiana law regarding leave to conduct Union business. 8.2 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. 8.3 During scheduled Union conventions, conferences, and seminars where the President and/or members(s)of the Executive Board plan to attend, the Union Representative(s) will request union leave for the event. If no additional cost is incurred by the City from the Union leave,then the Union member(s)will be granted leave without utilizing personal vacation days. However, if, due to Union leave, there is an additional cost to the City,the maximum of two(2)members of the executive board will be granted Union leave without utilizing personal vacation days. 8.4 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 the longer than is required to accomplish the business for which such leave is granted. 8.5 A member of the Union Executive Board,and the Pension Secretary, must be granted time off with pay to attend grievance and/or arbitration proceedings when required by the Union during normal hours of duty. 8.6 A Union Member elected or appointed to a State Union, or National Union position must be afforded the same benefits in regards to time off for Union business as the Local 558 President in Article 8.3. 10 9. MANAGEMENT RIGHTS AND RESPONSIBILITIES 9.1 The Union recognizes the City's right and prerogative to operate and manage the Department's affairs in all respects except as may be expressly or specifically restricted or modified by one or more of the provisions of this Agreement, by the laws and Constitutions of the State of Indiana or the United States, or the Jeffersonville City Code. All the rights, functions and prerogatives of the City that are not so expressly or specifically restricted or modified by the foregoing are reserved and retained by the City. Specifically, but without limiting or affecting the generality of the foregoing, the following rights remain vested in the city. 1. To determine the size of the workforce; 2. To hire, establish work schedules, assign and direct the work of employees, including the assignment of overtime; 3. To establish,change, combine job classifications and to prescribe and assign job duties, content and classification; 4. To maintain the statutory rights of the Chief to establish and revise Departmental rules and procedures for the administration of the Department; 5. To discipline and discharge employees, subject to IC 36-8-3.5, et seq.; 6. To adopt, revise, and enforce reasonable work rules; 7. To recruit, transfer and recommend the promotion of employees, subject to IC 36-8-3.5, et seq.; 8. To manage the Jeffersonville Fire Department efficiently and economically. 9. To manage the fiscal affairs of the City in the best interests of the taxpayers and residents of the City. 10. Anyone appointed to a 40 hour per week position by the Executive will have all scheduling and leave time determined by Executive Order. 11 10. FIRE STATION 10.1 The City will continue to furnish all necessary cleaning supplies to maintain a clean and healthy environment in its facilities. 10.2 The City will provide appropriate space in each firehouse for the Union to hang its bulletin board. 10.3 Except in emergency situations,the City 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. 10.5 The City 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. 12 11. SENIORITY RIGHTS 11.1 If the City 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 City further agrees not to hire any new personnel for the 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 and use best efforts to make it readily accessible to the membership of the Union. 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 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 or time served in appointed Administration positions. 11.4 Seniority will be determined from the date of hire. A Firefighter's official first day will be the first day he or she reports to work and is actively on the City of Jeffersonville's payroll. In the case of Firefighters being hired on the same day, seniority shall be determined by placement on the Merit Commission hiring list. 13 12. RULES AND REGULATIONS 12.1 The City retains the right to implement reasonable rules and regulations including, but not limited to,those relating to conduct and work performance. The Union retains the right to object to the reasonableness of the City's rules and regulations through the grievance procedure. 12.2 Any changes in the City's rules and regulations are to be established in the following manner: The Proposed rule and regulation must be posted to the Department's approved platform ("Posted"), and notice sent to membership, ten (10)business days prior to the effective date of said rule or regulation ("Posting Period"). If 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 through a grievance,this rule must be maintained in a manner available to all Firefighters until it appears in the amended permanent rules and regulations. 12.4 The City agrees to provide each new hire and any current Firefighter, upon request, a copy of the most current"Rules and Regulations"and a copy of the current "SOPs/SOGs". The City and Union agree to maintain and recognize the same copy of the most current"Rules and Regulations"and "SOPs/SOGs"at each Fire Station. A current electronic copy will be recognized as an acceptable form of said copy. 14 13. GRIEVANCE AND ARBITRATION 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,which must include Department general orders, memorandums, or rules and regulations. Both Parties agree that disciplinary and promotion matters within the exclusive jurisdiction of the Merit Commission must not be subject to the Grievance procedure. 13.2 A "Business Day"is defined as any day in the week,Monday through Friday. Days that are recognized as Holidays, according to Article 22 of this Agreement, are not considered business days. 13.3 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 the Firefighter or Union becomes aware of the event giving rise to 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 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 then (10)business days. The Board must notify the grievant of the hearing in advance, and the grievant may appear at the hearing if he or she wishes to answer any questions the board may have or explain the Grievance. The grievant will be excused while the Executive Board discusses and votes on the Grievance. The Board will base its decision on the presented facts,the Agreement, the law, and/or any other applicable policy, procedure, or practice. 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 resolved satisfactorily in Step 3, a member of the Board may submit the Grievance in writing to, and discuss it with,the Chief within ten (10) business days of the issuance of the Board decision. The Union must make itself available to discuss the grievance with the Chief. STEP#5: The Chief must give his/her written answer to the grievance to the Board within ten (10)business days after receipt of the writing described in Step 4. If the grievance is not resolved in Step 5,the Union may refer the matter to arbitration as described in Paragraph 13.4 of this Article. 15 13.4 If a dispute arising under this Agreement that a Firefighter of the Union has the right to grieve has not otherwise been resolved by mutual agreement of the Parties pursuant to Step 5 of the grievance procedures, either Party may, within ten (10)calendar days from the date on which the Chiefs written answer at Step 5 was due or the date on which it was received,whichever is earlier, notify the other Party of its desire to arbitrate by submitting a request of a list of seven (7)arbitrators from the Federal Mediation and Conciliation Service (FMCS).An arbitrator must be selected from this list by each of the Parties alternately striking names, and the last name remaining must be the arbitrator for the dispute. The party requesting arbitration must strike the first name from the list. Upon payment of the required fee to FMCS, either Party may request a second panel if dissatisfied with the first panel. 13.5 The rules and procedures of the FMCS governing the arbitration must apply unless otherwise agreed by the Parties in writing. 13.6 The authority of the arbitrator must be limited to the interpretation and application of this Agreement, and the arbitrator must not have the authority to modify, nullify, ignore, add to,or subtract from any of the provisions of the Agreement. The arbitrator's award must be in writing and must be binding upon the City and the Union and the employee(s) involved. The expense of such arbitrator must be shared equally by the City and the Union. 13.7 The time limits set forth in the Article must be strictly observed unless expressly waived by the Parties in writing. 16 14. DISCIPLINE 14.1 The Department must follow the Indiana merit laws regarding discipline of Firefighters pursuant to IC 36-8-3.5 (or any successive legal provision). The Parties acknowledge it is not their intent and they do not consent to expand the Merit Commission's statutory jurisdiction beyond that provided by law. 14.2 If a Firefighter is ordered to the Chief's office for disciplinary purposes, the Firefighter has the right of Union representation if he/she requests it. 14.3 Under no circumstances should a Firefighter be disciplined for not volunteering for any special details. 17 15. PERSONNEL FILE 15.1 The City must maintain each Firefighter's official personnel file in the Human Resources Department. The City must maintain the file and permit access to it according to the terms of the City's Policy and Procedures Manual and Indiana law. 15.2 The Human Resources Department must notify Fire Administration when additions have been made to a member's official personnel file. 18 16. SHIFT AND WORK HOUR CHANGES AND TRADES 16.1 Firefighters may exchange (swap) shifts, after receiving permission of the acting Battalion Chief, if the change does not interfere with the Department's staffing requirements. Any exchange of shifts must be documented in the daily log by the Battalion Chief who approved the exchange. 19 17. WORK WEEK/TRAINING 17.I 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 City may expand or contract on-duty hours as is reasonably necessary, as in the case of Mandatory Overtime(Section 19.12). The Firefighters' normal workday is from 0700 hours to 0700 hours. 17.2 Upon reassignment of a Firefighter from one shift to another shift, the Firefighter must not be required to work over the normal required hours in a pay cycle. 17.3 There will be no mandatory training on Holidays. 17.4 Sunday training will be conducted only if warranted by special circumstances as determined by the Fire Chief. 17.5 All classes required for promotion will be paid for or provided a minimum of one time per promotional cycle at no cost to member. Classes include: Pumper Operator, Technical Rescue Awareness, Rope Rescue Operations, Instructor I, Fire Officer I, Fire Officer II, NIMS 300,NIMS 400, Safety Officer, at least two Technical Rescue classes, Swift Water Operations, and Instructor II-III. 17.6 All new-hired Firefighters will be in a minimum of an 8-week training class to include at least: Firefighter I & II, Rope Operations, Technical Rescue Awareness and Emergency Medical Responder. 20 18. RELIEF AT FIRE UNDER CONTROL 18.1 After a fire is under control,the officer in charge 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. 21 19. OVERTIME 19.1 Overtime-A firefighter who works more than two hundred and twelve(212)hours in a twenty-eight(28)day work period is entitled to overtime compensation at a rate of one and one-half(1 Y2)times his/her regular rate of pay. A firefighter's work period, for purposes of overtime pay, is twenty-eight(28)consecutive days. The beginning of this period must be determined by the City.The overtime rate must be based on a 56-hour work week except for Special Event Overtime per article 19.9. When the city must call outside the department for additional assistance, every effort should be made to obtain the additional assistance from a professional career department.Nothing in this Agreement must prohibit the Chief from using Upper Level Staff in the case of staffing shortages. 19.2 Compensatory Time-Members accepting overtime have the option of receiving compensatory time (comp time) in lieu of overtime pay. Comp time will be accrued at 1.5 times the hours worked. Comp time may be used as vacation time, or paid out monetarily (at regular hourly rate) on the first pay period in February. A firefighter may bank up to 96 hours of comp time, but may not carry time over to the next year. Determination of comp time or overtime pay must be made at the time the shift is accepted. 19.3 Overtime Lists-Two overtime lists must be kept by the Battalion Chiefs. The"Regular Overtime List"and the"Staggered List". 19.4 Regular Overtime List will be defined as a rotating seniority list, beginning with the Kelly Crew. Anytime the Regular Overtime List is used, the Battalion Chief will begin from the point of the last person called in. 19.5 Staggered Overtime List will be defined as a list that follows a rotating seniority list of all online personnel created by the Battalion Chiefs and Administration, beginning with the Kelly Crew, and ensures a mix of tenured firefighters with a complement of newer firefighters. Any time the Staggered Overtime List is used, the Battalion Chief will begin from the point of the last person called in. 19.6 Regular Overtime is any overtime shift that is 12 hours or longer. With the exception of some special events. "Regular Overtime"must be called in according to the Regular Overtime List by Battalion Chiefs. Battalion Chiefs may opt to use text messaging in order to contact personnel, but must use the rotating seniority list. Only 24-hour shifts may be split into increments of 12 hours. 19.7 Emergency Overtime is defined as any shift of less than 12 hours. "Emergency Overtime"must be called in according to the Staggered Overtime List. Battalion Chiefs may opt to use text messaging in order to contact personnel, but still use the rotating seniority list. 22 19.8 Technical Rescue Overtime may be required for some special rescue situations that require specific technical expertise. These situations may include, but are not limited to: Hazmat, Water Rescue, Confined Space Rescue, District 9 Task Force, etc. The call-in procedures will be conducted from a predetermined list of qualified personnel. This list will be assembled and maintained by members of the administration. 19.9 Special Event Overtime will be called in for any additional staffing beyond minimum staffing. These events may be, but are not limited to, River Stage concerts, Steamboat Days/Nights, Abby Road on the River, etc. Special Event Overtime must be called in from the Staggered Overtime List. The Special Event Overtime rate must be based on a 40-hour work week. 19.10 Mandatory Overtime- In the event that minimum staffing(Article 20.4) cannot be met using the above overtime procedures,the Battalion Chief will notify the least tenured, on- duty member that they are obligated to stay until such a time that minimum staffing can be met. Mandatory Overtime shifts will be capped at twelve (12)hours. If it is suspected that the staffing shortage will last more than twelve hours, the Battalion Chief will notify the next person on the list that he/she must return to duty at 1900 hours. 19.11 Thunder Over Louisville-In order to safely staff the City and its guests during the day of Thunder Over Louisville, members of the Kelly Crew will be required to work the event at the Administration's discretion. Members who have a Regular or Single vacation day on an adjacent work day will not be required to work. The Administration may release members from their obligation starting with the member with the most seniority. Members may"give"their shift to another member provided it has been documented by a Battalion Chief. This will be paid at the Special Event Overtime rate. 19.12 Knowing that no single written document could anticipate all possible situations in the fire service,the Local acknowledges that the Battalion Chief on duty must have the authority to resolve staffing shortages outside of the above articles. 23 20. MINIMUM AND MAXIMUM RANK AND STAFFING 20.1 Firefighters will be classified as Upper Level Staff Personnel or Line Personnel as provided in this Article. 20.2 Upper Level Staff Personnel. The positions of Chief, Deputy Chief, Division Chief, Fire Marshal, Fire Investigator, Training Officer and Safety Officer must be included in Upper Level Staff Personnel. Upper Level Staff Personnel are appointed positions by the Chief and not governed under the Jeffersonville Fire Merit Commission. Members transferring from Line Personnel to Upper Level Staff Personnel 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 to his/her 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/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 that line position and rank. 20.3 Line Personnel. Line Personnel includes the positions of Battalion Chief, Captain, Lieutenant, Sergeant, lst Class Firefighter, 2"d Class Firefighter and Probationary Firefighter. The Jeffersonville Fire Merit Commission must govern (1)the selection and appointment of persons to be employed as members of the department; (2)promotions and demotions of members of the department; and(3)disciplinary action or dismissal of members of the department. The line positions must be occupied by firefighters who have been promoted by the Board of Public Works prior to December 31, 2008, or by the Jeffersonville Merit Commission starting January 1, 2009. A Line Firefighter may not be bumped out of his/her position unless for just cause. If a line position becomes vacant, it must 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 must request a promotion from the Jeffersonville Fire Merit Commission for the line position vacancy from the active certified merit commission list from the next lower rank,per Indiana Code 36-8-3.5. 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/her permanent rank. A Firefighter holding such a position must accept the next open line position that equals his/her permanent rank or accept the permanent rank of the line position the Firefighter currently occupies. 20.4 Shift Staffing Minimums: Every shift must be staffed with a minimum of twenty-two (22)Firefighters, including the Battalion Chief. The City acknowledges the current station, apparatus and staffing placement: Station 1: Engine (minimum 3 personnel)and Tower(minimum 4 personnel) Station 2: Truck(minimum 4 personnel)and Battalion Chief(minimum 1 personnel) Station 3: Engine(minimum 3 personnel) Station 4: Engine(minimum 4 personnel) Station 5: Engine(minimum 3 personnel) 24 20.5 Station Staffing Minimum: Each station must be assigned the minimum of a Captain, Lieutenant and Sergeant, except when directly related to an upcoming promotion. 20.6 Apparatus Staffing Minimums: Every Engine must be staffed with a minimum of three (3)personnel. Every Aerial Apparatus must be staffed with a minimum of four(4) personnel pursuant to Section 19.3,the Department may utilize Upper Level Staff Personnel to staff apparatus. Until an additional apparatus is assigned to Station 4, Engine 44 will have a minimum staffing of four(4)personnel. In emergency situations, Battalion Chiefs may decide to have this crew utilize the hazmat trailer or rehab trailer or tanker when responding. 20.7 Subject to Section 20.6, if sufficient Firefighters are not available to meet the minimum staffing requirements,the City will call Firefighters for overtime, according to the procedures outline in Article Nineteen (19). 20.8 There must not be any firefighters hired without the approval of the Executive Branch and the City Council. This does not include Upper Level Staff Positions, which are addressed in article 20.2. Line personnel must be organized according to the following ranks and job classifications. Battalion Chiefs—One Battalion Chief per shift assigned to the Command vehicle. Captains—One Captain assigned to each house per shift. Lieutenants—One Lieutenant assigned to each house per shift. Sergeants—One Sergeant assigned to each front line apparatus per shift. Firefighter 1st Class—Firefighter that has completed (10)years and met educational requirements. Firefighter—Firefighter that has completed two(2)years and met educational requirements. Firefighter 2nd Class—Firefighter that has completed one(1)year and met educational requirements. Probationary Firefighters—Firefighter with less than one year. 20.9 Should the City of Jeffersonville open a new station and/or add an additional front line apparatus,the new station/apparatus will be assigned personnel and rank in the same manner as the current stations/apparatus outline in this Article. 25 21. 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 Department will notify the Jeffersonville Fire Merit Commission and the Union no later than at the next regularly scheduled Merit Commission meeting. 21.2 The Jeffersonville Fire Merit Commission will determine new candidate hiring and application and promotional-testing policies. 21.3 Applications must be completed online. Online access will be made available at city hall through the Human Resource office. 26 22. HOLIDAYS 22.1 The list of sixteen (16)applicable holidays in a year must be those approved by the Board of Public Works and Safety or as otherwise determined by the City. The City will pay each Firefighter$500 as holiday pay. Holiday pay will be payable one half on the first pay period in June and one half on the first pay period in November. 22.2 A Firefighter whose shift commences on a holiday and who works his or her entire shift will be credited twenty-four(24)hours holiday time for those days worked. The twenty- four(24)hours will not be given until after the holiday has occurred. The twenty-four (24)hours of holiday time must be used in the calendar year in which it is earned, except that the following holidays(to the extent recognized as holidays in particular calendar year)may be carried over from the previous year and must be treated as a vacation day for purposes of scheduling time off: • Independence Day • Labor Day • Columbus Day • Veterans Day • Day Before Thanksgiving • Thanksgiving • Day After Thanksgiving • Christmas Eve • Christmas Day • New Year's Eve 27 23. SICK LEAVE 23.1 A Firefighter begins each year with six(6) sick days of leave. 23.2 A sick day of leave may only be submitted the day prior to the requested day, no later than 2200 hours or before 0600 of the day being requested. 23.3 Any sick days not used by a Firefighter in the calendar year will be carried into the Firefighter's sick-day bank,which cannot exceed a total of 48 days. The sick-bank days will be maintained by the Human Resources Director. 23.4 It is understood that sick days of leave will be granted for sickness or injury to the Firefighter or his/her immediate family member as defined in the City of Jeffersonville Policy and Procedure Manual. The burden for proving sickness or injury is the Firefighter's responsibility. 23.5 A Firefighter who feigns physical disability, illness or injury, or who makes false statements relative to any disability, injury or illness is subject to discipline. 23.6 A Firefighter must submit a physician statement to the Chief or a Deputy Chief when he/she returns to the 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 Vacation and puts down a sick day for the same day d. If a pattern of abuse of sick days is suspected on holidays by the Chief or a Deputy Chief e. If a firefighter uses sick time for a major holiday or local special events (i.e. Derby, Oaks, Thunder) 23.7 After a Firefighter takes more than three(3)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. 23.8 A Firefighter accrues six(6)additional days off(Incentive Days) each year, if the Firefighter did not take any sick days of leave in the previous year. A Firefighter will lose two(2) incentive days for each sick day taken or day assigned to light duty. The six(6) incentive days may only be used in the year they are accrued. On-duty injuries and bereavement leave will not affect Incentive Days. 23.9 In January of each year, all Firefighters who have used no more twenty-four(24)hours of sick leave in the previous year will have the option to sell back all of the annual accrued incentive hours at their straight time rate of pay.No firefighter who has used more than 28 twenty-four(24) hours in a previous calendar year will be eligible to sell back incentive hours. Accrued Incentive Time must be sold back in twelve (12) hour increments. 29 24. INJURIES (LINE OF DUTY OR NON-LINE OF DUTY) Non-Line of Duty 24.1 Sick Leave consists of a 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. 24.2 Extended sick leave consists of four(4)pay periods, or two(2)months, after which a Firefighter may be required to request disability leave from the appropriate pension board. During extended sick leave,the Firefighter must submit a doctor's statement to the Chief or Chief Representative not more than every thirty (30)days upon request. 24.3 While a Firefighter is on sick leave or extended sick leave and receiving full compensation from the City,the Firefighter may not engage in other compensated employment or other activities inconsistent with a physician's medical restrictions.A Firefighter who feigns physical disability, illness or injury, or who makes false statements relative to any disability, injury or illness is subject to discipline. Light Duty 24.4 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 includes administrative duties and training assignments by the Chief or Deputy Chief within the medical parameters or work restrictions specified by the Firefighter's doctor. However, before being eligible for a light duty assignment, a Firefighter must have exhausted three (3)sick days in relation to the medical conditions that prevents the Firefighter from performing normal fire suppression duties. All such duties are temporary pending the Firefighter's 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 crew 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 City 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. Line of Duty 24.5 Any Firefighter hurt while on duty will follow the City of Jeffersonville's Workman's Compensation Policy. 24.6 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 the line of duty illness or injury, or(b)the time between the line of duty illness or 30 injury and the Firefighter's return to duty, or qualification for and receipt of pension benefits.Any member injured in the line of duty is required to submit medical updates once every 30 days on medical status and work limitations. 31 25. PHYSICAL EXAMS 25.1 The City agrees to make available at the City's expense annual physicals with the intent for all to be completed by July 1 of each year.If the physician/nurse practitioner states the Firefighter is not fit enough to perform the essential functions of a firefighter, the Firefighter will be considered unfit for duty, at which time the Firefighter will be put on light duty pursuant to Article 24. 25.2 Annual physicals referenced above must be administered to all members by staff of Alternative Health Services (or whichever health-service center the city provides). 25.3 The required annual physical will be paid for by the City. Any subsequent recommended or required follow-up "assessments"(i.e. echocardiograms,colonoscopy, etc.)will also be financially covered by the City.In the event that an assessment turns into an "intervention"(i.e. colonoscopy turns into a polypectomy), the employee's insurance will be billed for the procedure. 32 26. DRUG POLICY 26.1 The City prohibits any City employee from possessing, using,being under the influence of, manufacturing, distributing, or dispensing alcohol or non-prescribed controlled substances during working hours and at all times while on City property, in City vehicles, or while conducting City business. 26.2 The City's drug and alcohol policies will govern pre-employment testing. 26.3 The City and the Union acknowledge that Appendix B of this document must be used as the singular method for determining reasonable suspicion and the requirement of all other drug and alcohol testing for Jeffersonville Firefighters. 26.4 Firefighters required to take a drug test must be granted paid leave pending results of the drug test. Firefighters must be provided test results prior to returning to duty. 26.5 The City and the Union agree that CBD is a substance that may be beneficial in the treatment of several firefighting related illnesses such as PTSD, GAD, depression, insomnia, pain, etc. The City and the Union also understand that CBD can contain THC even when otherwise labeled. The city agrees that THC will not be included in drug tests for firefighters. 33 27. BEREAVEMENT AND OTHER LEAVE 27.1 Bereavement Leave. Up to three(3)working days of 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 seven(7)calendar days from the date following the date of death. "Immediate family"means spouse, child, grandchild, father, mother, grandparent, brother, brother-in-law, sister, sister-in-law,parent in-law, or any other legal relative who was living as a member of the Firefighter's household.Not included in this article are any in-laws not specified above. Up to one(1)working day of leave with pay will be granted to Firefighters in case of death of any other family members of the Firefighter. This day must be taken in connection with travel or attendance at the service or other gathering presumptively within fourteen (14) calendar days from the date of death. ("Other family members" consist of grandparent-in-law,uncle,aunt, niece, nephew and first cousins.) 27.2 Military,Maternity,and Paternity Leave will be granted in accordance with existing Federal, State and Local statutes and ordinances. Additional military,maternity, paternity, or bereavement leave is subject to the Chief s approval and must, if granted and taken, be charged against a Firefighter's banked or future vacation days, or may be taken without pay at the option of the Firefighter. 34 28. VACATION 28.1 Firefighters receive vacation leave according to the schedule attached to this Agreement as Appendix A. 28.2 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 January 31St, and second pick by the end of February of each year for that calendar year. No more than five (5)Line Personnel may be scheduled for Regular vacation at one time. 28.3 Single Day:A Firefighter's total number of vacation days may be taken as single days. These days are the only days that may be changed, canceled, or split. To change or cancel a Single Day, a Firefighter must give ninety-six(96) hours of notice. To split a Single Day, a Firefighter can either: (1)take the first 12 hours(0700 to 1900), (2)take the last 12 hours(1900 to 0700), or(3)take six(6)hours prior to 1900 hours. Any such split requires approval from a Battalion Chief. Single Days are based on Department seniority and may be scheduled no more than thirty(30)days in advance. Single Days may be bumped through seniority. To bump,ninety-six(96)hours of notice to the bumped Firefighter is required before a Firefighter is scheduled to take a Single Day vacation. Any Firefighter wishing to use twenty-four(24)hours of vacation time will be awarded that time over an individual that only wishes to use twelve (12)or six(6)hours of vacation time, regardless of seniority as long as the request is made outside of the ninety- six(96)hour window referenced in this article. A maximum of five (5) Single Days may be carried over from the previous calendar year. A Firefighter may not take a Single Day if five (5)or more Firefighters are scheduled off because of a Regular vacation, as described in Article 28.2, or Sick Leave, as described in Article 23. This provision is not to include any leave associated with, Extended Sick Leave, Light Duty, Union business, Workman's Comp or Bereavement Leave. 28.4 A maximum of five(5) Line Personnel may be scheduled for Regular vacation day(s) and/or Single Day(s). this provision excludes the Battalion Chiefs. 28.5 Upper Level Staff Personnel and Battalion Chiefs must not be counted in the daily vacation of Line Personnel. 28.6 Traded time carries no seniority. 28.7 Firefighter's vacation will be accrued January Pt. During the first year of employment, vacation and sick leave will be prorated. A Firefighter hired before July 1st will receive full sick and vacation leave and a Firefighter hired July Pt or after will receive one half of each. 28.8 It is the responsibility of the Firefighter who has a Single Day vacation to verify with the Battalion Chief that he or she has not been bumped within 96 hours of the vacation day. 35 28.9 In the event that the Battalion Chief on duty is absent due to sickness, vacation, bereavement leave, etc.,the Battalion Chiefs from the off-duty crews will be the first individuals contacted to fill that particular vacancy,with the Kelly Crew being contacted first. In order to simplify this process, it is agreed that the Battalion Chiefs must be removed from the Line Personnel overtime and vacation pools and placed in their own Battalion Chief overtime and vacation pool. In the event that an off-duty Battalion Chief is unavailable to fill a vacancy caused by vacation, an approved Captain from the working Crew will fill the position. 36 29. CLOTHING ALLOWANCE 29.1 Firefighters will receive$800 each year. Firefighters will receive this clothing allowance payable one half($400)on the first pay period in June, and one half($400)on the first pay period in November.Administrative appointed staff may receive additional Clothing pay upon Chief approval not to exceed$1,600 annually. 29.2 Clothing allowance must 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 hoods, SCBA masks, bunker boots and other safety apparel or devices as outlined in the N.F.P.A. minimum requirements. The Department will replace the 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 City will pay the initial cost to make the required change. The City will ensure all the below articles are purchased and delivered to each new employee no later than 90 days after his/her hire date. The City will issue new Firefighters the following list of turnout equipment and uniforms at the City's cost: Fire Gear • Fire Helmet(Cairns 1010) • Bunker Boots w/steel inserts • Class B Jacket w/patches • Two—Nighthawks w/ • Class B 511 pullover(navy) suspenders • Socks, three pairs • Two—Fire Coat • Walking Shoes(black) • Two—Pair Fire Gloves • Coveralls with insignia • SCBA Mask • Two—Nomex Hood Dress Clothing • Spanner Wrench • Short Sleeve Class A Shirt(white) • Hose Chain • Long Sleeve Class A Shirt(white) • Accountability Tags • Short Sleeve Class B Shirt(navy) • IFSTA Manual • Long Sleeve Class B Shirt(navy) • Two—Class B Polo Shirt Daily Clothing • Two—Class B Trousers • Baseball Cap w/ insignia • Double-Breasted Dress Coat • Five—Tee Shirts w/insignia • Belt w/Buckle • Two—BDU Pants • Black Formal Shoes • Two—BDU Shorts • Black Tie • Three—Sweatshirts w/insignia • Dress Uniform Cap • Sweatpants w/ insignia(one pair) • Badges, Lapel Pins and Name Tag 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. 37 30. EDUCATIONAL LEAVE AND CERTIFICATION PAY 30.1 Firefighters will not receive First Responders certification pay. First Responder certification will be considered a requirement of every firefighter holding the rank of Firefighter 1st Class and above, and compensation for this position is now included as part of standard rank pay. 30.2 Upon the Chief's approval, the City will pay for required education and courses taken by Firefighters pertaining to duties of firefighting or emergency medical training. Unless the City furnishes transportation, the City 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 Chiefs approval to attend the course, the City will ensure that minimum staffing is maintained. 30.3 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. 30.4 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 Jeffersonville City Travel Ordinance. 30.5 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. 30.6 In the event of out-of-town training,time spent engaged in travel or training must be considered on-duty hours and a Firefighter may have his/her work schedule temporarily adjusted accordingly. 30.7 Certification Pay.Line Firefighters will receive additional pay on their first paycheck in November,of that year, for the number of qualified certification/skills each Firefighter has received. It is the Firefighter's responsibility to ensure all the certifications are recorded and turned into the Training Officer/Deputy Chief(personnel) no later than October 15 of that year to receive accurate pay.All certifications/skills listed below are recognized as Indiana State NFPA Certifications and will receive $100 compensation for each certification, not to exceed a yearly total of$700. As a condition to the eligibility to receive certification pay under this paragraph, a Firefighter must submit to the City's Human Resource Department copies of all certificates and renewal paperwork for placement in the Firefighter's personnel file. 38 ■ Instructor I ■ Confined Space Rescue Operations ■ Instructor II/III • Confined Space Tech ■ Fire Officer I • Rope Rescue Operations ■ Fire Officer II • Rope Rescue Tech ■ Fire Officer III • Swift Water Rescue Operations ■ Strategy and Tactics • Swift Water Tech ■ Safety Officer • Hazardous Materials Tech ■ NIMS Command ICS 400 39 31. FIREFIGHTER BENEFIT PLAN 31.1 Health Benefits: The City will provide each Firefighter with health insurance and dental benefits equivalent to the plans in effect on the day of the signing of this contract as of January 01, 2020. Firefighters must each contribute monthly to the total cost of health insurance premiums at the same cost as of January 01,2020. The City and the Union understand that health care costs and claims are volatile. We reserved the right to renegotiate plan deductibles and employee contributions. Any changes must be agreed upon by both parties. 31.2 Joint Labor-Management Health Insurance Committee (a) The Parties acknowledge that health care costs and claims are volatile and health insurance regulations are in flux. As a result,the City reserves the right to renegotiate plan deductibles, employee contributions and other matters related to the provision of health insurance. (b) The Parties acknowledge it is in their mutual interests to work together and with other affected parties regarding health insurance planning and plan revision. Therefore, the Parties agree to participate actively in a Joint Labor-Management Health Insurance Committee (the"Health Insurance Committee"). (c) The Committee must be composed of eight(8)members as follows: two (2) members of the City administration appointed by the Mayor;two(2)members appointed by the City Council; two(2)members representing City bargaining units, with one(1) appointment to be made by the Union and one(1)appointment to be made by the Fraternal Order of Police Lodge#100(Provided it is a signatory to a labor agreement with substantially similar terms regarding the committee, with the Union having both appointments in the absence of such proviso being satisfied); and two (2) City employees representing non-bargaining unit employees appointed jointly by the Mayor and the City Council.The Committee must appoint a Chair of the Committee from among its members. (d) The Committee must meet at such times and undertake such health insurance review and planning as the Chair directs. Meetings and other official action must be timed to permit the potential for recommendations to be made for plan revision for a succeeding City budget year. Each member, including the Chair, must have one vote. Five Committee members must constitute a quorum for meeting and taking official action. A member may appoint a proxy for all official action with notice to the Chair. (e) The Committee must make such recommendations regarding health insurance plan, policy and program revisions as it deems appropriate and submit such recommendations to the Mayor,the City Council and the representatives of the bargaining units. (f) Any changes sought to be implemented by the City must be agreed upon by both Parties to this Agreement before being applied to members of the Union's bargaining unit. 40 31.3 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 schedules: Coverage Type Firefighter Contribution Singe Coverage $0 Firefighter plus one coverage $10.00 Family Coverage $20.00 31.4 Vision Benefits 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. 31.5 Life Insurance The City will provide each Firefighter with term life insurance with a death benefit of at least$50,000 at no cost to the Firefighter.Additionally,the City will provide an accidental Death and Dismemberment policy of$50,000 at no cost to the Firefighter. Life insurance benefits terminate upon the Firefighter's retirement or separation. 31.6 Pension and Retirement Plan The City will continue to pay 3%of the Firefighters' INPRS contribution. The City will be open to consider other plans or options as presented by the Union. 31.7 Any member enrolled in the"High Deductible"health care plan must receive an annual payment into their Health Savings Account on the second pay period in January. The amount must be $700 for single coverage and$1,000 for family coverage. A Firefighter hired before July 1st will receive the full amount and a Firefighter hired July 1st or after will receive one half the amount. 31.8 The City will match up to one half(0.5)percent for every one(1)percent, up to six(6) percent of pension base to any Firefighter participating in the City-provided 457 plan. The City must make such matching payments per paycheck. The maximum contribution by the City will be [(Pension Base x 0.03)/24] per paycheck. Beginning January 1, 2023 The City will match up to one half(0.5)percent for every one(1)percent, up to eight(8) percent of pension base to any Firefighter participating in the City-provided 457 plan. 31.9 Dependents of any member suffering a Line of Duty Death will be eligible to remain on the City's insurance plan until they would otherwise age out(Medicare for spouses/age 26 years old for dependents). 41 32. SALARIES AND LONGEVITY PAY 32.1 Any Firefighter hired after the effective date of this contract will be paid based on the salary scale in Article 32.3. Firefighters will receive a$1,000 bonus for 2021. Firefighter base salary will increase 3%per year, each year, on the 1st of January for 2022, 2023, and 2024. 32.2 Parity.A Firefighter's Pension Base must be in parity with the Jeffersonville Police Department's Pension Base. Pension Base includes Firefighter lst Class plus 25 years longevity pay. 32.3 Effective July 1 2024 the annual salary of a Firefighter(base salary) must be $66,000. The rank differential must be as follows. Position/Rank Salary Battalion Chief 30% $ 85,800.00 Fire Marshal (Major) 25% $ 82,500.00 Captain 22% $ 80,520.00 Lieutenant 17% $ 77,220.00 Sergeant 12% $ 73,920.00 Firefighter 1st Class 4% $68,640.00 (Pension Base $94,380.00) Firefighter BASE $66,000.00 Firefighter 2nd Class —5% $ 62,700.00 Probationary —10% $ 59,400.00 32.4 Longevity Pay. The following longevity pay must be added to the monthly salary and wages of each eligible Firefighter. In addition to their position/rank pay above, each eligible Firefighter will receive 1.5%of the First-Class Firefighters' pay, per year of employment, up to 25 years. Firefighters may be given the option to receive their longevity in two(2)annual installments(first pay periods in June and November) or on each paycheck throughout the calendar year. 32.5 Driver Pay: Firefighters (1st or 2nd Class)must receive $30.00 per day that they are required to drive.No other ranks or positions will be eligible for Driver Pay. 42 33. CONCILIATION 33.1 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 must 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. 43 34. RETIREE BENEFITS 34.1 Upon retirement from active service of a Firefighter with twenty(20)or more years of service,the Firefighter will receive his/her gear and helmet from the City. The retiring Firefighter will also be presented with a retirement badge and identification card. 34.2 Commencing on January 01, 2014,until a retired Firefighter or surviving spouse is eligible for Medicare coverage,the City must pay a retired Firefighter's or surviving spouse's insurance premium on the same terms as an active Firefighter under Article 31, if the retired Firefighter or surviving spouse elects family or single coverage benefits, provided that(1) such retired Firefighter or surviving spouse was enrolled in the City's health insurance plan as of December 31, 2024 and (2) such retired Firefighter or surviving spouse is current on their premium contribution obligations under the terms of this Agreement and any predecessor agreements. This must include members option for the High Deductible Health Care Plan and the corresponding City contributions to Health Savings Accounts. A retired Firefighter must be defined as any Firefighter that is eligible to receive pension benefits. 34.3 When a retired Firefighter or surviving spouse becomes eligible for Medicare coverage, the retired Firefighter or surviving spouse's eligibility for participation in the City insurance must automatically terminate. The dependents of a Firefighter who have reached Medicare eligibility must be covered for two (2) additional years before their coverage automatically terminates. 44 35. FITNESS STANDARD 35.1 The fitness testing and standard of December 2013, established and agreed to by and between the Chief and the Union, and attested to by the City Council Negotiating Team, must remain in full force and effect throughout the life of this Agreement without any changes, alterations, deletions, or modifications absent the agreement of both the Union and the Chief with notice to the City Council, provided that any agreement that would have the effect of eliminating fitness testing and standards must be subject to approval by the City Council. 45 36. NEGOTIATION OF SUPPLEMENTAL AND FUTURE AGREEMENTS 36.1 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. 36.2 New contract negotiations will begin no later than April 15, 2024. 36.3 The Parties agree and understand that Firefighters are barred from strike activity under Indiana law. Both Parties understand this can result in harsh and unfair results for Firefighters in collective bargaining process. Therefore, both Parties agree to participate, in good faith, in mediation through the Federal Mediation and Conciliation Service (FMCS)as provided in this Agreement. 36.4 After July 1, 2024, but before December 31, 2024, the Parties may jointly agree to initiate non-binding mediation with respect to the terms and conditions of a new agreement that would commence January 1, 2025. If no new agreement has been reached, and the Parties have not jointly agreed to initiate mediation by January 1, 2025, either Party may initiate non-binding mediation with respect to the terms of a new agreement. In any case,the costs of mediation must be borne equally by both parties. 36.5 The Parties may, if both Parties agree, submit to binding arbitration, in lieu of or in addition to,the mediation described above, provided, however, that that Council must approve by appropriate resolution with respect to the City's agreement to any such arbitration. 46 37. APPLICATION OF AGREEMENT 37.1 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. 37.2 Nothing in this Agreement must 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. In the event that a change in state or federal law renders unlawful any provision of this Agreement, the Parties must cooperate in good faith to amend and reform that Agreement to comply with such change in law. 47 38. EFFECTIVE DATE AND DURATION This Agreement must become effective upon its proper adoption by the parties listed below, and will continue in full force and effect until December 31, 2024. Except in the exercise of the City's rights and powers as provided by law, the Agreement must, thereafter, automatically remain in effect until the date when a new agreement becomes effective or until December 31, 2026, whichever is sooner. In Witness Whereof, the parties have hereunto set their hands and seals this 17 day of " lr1e , 2024. Jeffersonville Professional The City of Jeffersonville, Indiana Firefighters,Local 558, of The International Association of Firefighters. I Mike oore, Mayor Bra etley, Presi e , gotiations Committee.--..rAll ff V � /a) n �� Dustin White, City Council ./V President, Negotiations Committee Bryan Emvs n, Vice President, Negotiations Committee ‘ie,,,seovo..,ANy Scott Hawkins, City Council Vice- President,Ne_otiations Committee 41011w - —gar/PP J.- urt, ego rations • lia 9 fit_ • Amy Se oilio City Council, Negotiatio ommittee Josh mart,Negotiation ittee 1 J ky n , City C until, egotia ons Committ e 48 39. Appendix A Vacation Schedule Vacation time accrues to Firefighters base 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 24 or more years of service 20 days 49 40. Appendix B Employee Name/ID x Assignment: Date of Observation: Time Length of Time Observed. Location of Incident: Person completing this form(please check one): Li Initial Supervisor Name' Signature: n Secondary Supervisor Name: Signature: ri Subordinate Employee Name: Signature' Q Union Representative Name: Signature' OBSERVATION Please explain your observation/s for each category checked Nature of Incident/Cause for Reasonable Suspicion(list below) Physical Signs or Symptoms for Reasonable Suspicion Observed/reported possession of or use of a prohibited substance (1 Slurred or incoherent speech —Apparent drug/alcohol intoxication � (Unsteady gait or other loss of physical control;poor coordination [_J Observed abnormal or erratic behavior Dilated or constricted pupils or unusual eye movement Arrest or conviction for drug-related offense q Bloodshot or watery eyes Evidence of tampering on a previous drug test Extreme fatigue or sleeping on the job Other please specify,i.e.,flagrant violation of safety regulations, Excessive sweating or clamminess to the skin serious misconduct,fighting or argumentative/abusive language, —Flushed or very pale face refusal of supervisor instruction,unauthorized absence on the job Highly excited or nervous Ei Nausea or vomiting Please explain your observation's: r Odor of alcohol COdor of marijuana LDry mouth(frequent swallowmg/lip wetting) —Unsteady gait or other loss of physical control;poor coordination 7 Shaking hands or body tremors/twitching Unusual Behavior(list below) U Irregular or difficult breathing n Apparent drug/alcohol intoxication Runny sores or sores around nostrils ► —Physically abusive Puncture marks or tracks Extreme aggressiveness or agitation LI Other: please specify: U Listlessness,withdrawal,depression,mood changes,or unresponsiveness —Inappropriate verbal response to questioning or instructions _ Other erratic or inappropriate behavior: please specify,i.e., hallucinations,disorientation.excessive euphoria,confusion Please explain your observation/s. Please explain your observation's: The behavior I observed was: Fi Within the 4-hour period before the employee was to perform a safety,sensitive function —During the time the employee was performing a safety,sensitive function Immediately after the employee performed a safety,sensitive function ❑Immediately following a motor vehicle accident (MVA) Li Other,please explain Additional comments or details of reasonable suspicion: 50