Loading...
HomeMy WebLinkAbout2004-R-402004-R- RESOLUTION ADOPTING THE 2004 AGREEMENT BETWEEN THE CITY OF JEFFERSONVILLE AND JEFFERSONVILLE FIREFIGHTERS I.A.F.F. LOCAL 558 WHEREAS, the Common Council of the City ofJeffersonville recogrfizes the Local 558 International Association of Fire Fighters, AFL-CIO, (the "I.A.F.F. Local 558"> as the bargaining agent for the City's fire fighters; and WHEREAS, the City of Jeffersonville (the "City") and the I.A.F.F. Local 558 entered Lnto a contract for the calendar years January 1, 2005 through December 31, 2008 (the "Contract"); and WHEREAS, it is in the best interest of the citizens and taxpayers of the City of Jeffersonville that the City enter into the Contract; and NOW, THEREFORE, IT IS HEREBY RESOLVED that the Common Council of the City of Jeffersonville does hereby adopt the promsions of the Contract attached hereto as Exhibit A and incorporated by refe~~/~ Approved and signed by me thisg,~___ da~-c~my, r 2004. Robert k Wa'~, Jr. Presiding Officer z~ST: Clerk-Treasurer Presented by me as Clerk-Treasurer to the M~a~or of said City of Jeffersonville, Indiana at ~',~ o'clockS> .m., this ~ day of December 2004. Peggy Wil~'~''3~ Clerk-Treasurer This Resolution approved and signed by day of December 2004. Rober-~. Waiz, J~., Mayor City of Jeffersoffville this IAFF Local 558 President Donald Growe Secretary - David DeArk Treasurer - Irvin Kircher Executive Board Marry Stengel, doe Lee, Shawn Grant General Membership James Dyson Marvena Allen Eric Hedrick Stephen Case Timothy Conlen Kenneth Thomas Phillip Lovan Bruce DeArk Samuel Veals Stephen Gavin Pamela Bottorff John Jones Brad Ervin Charles Smith Jerome Stoudemire Mike McCutcheon James van Gilder Michael Coons Dale Popp Charles Haven Kevin Lindsey Douglas Sneed Dennis Frantz Sanders Cooper Eric Schnatter Josh Kempf Gary Kinnaird Richard Vangilder Gary Watterson Donald Johnson Jason Sharp Anthony Harrod James Carter Dennis Dierking Chris Kinnaird John Leach Greg Hammond James Johns Robert Jones Shannon Fisk Robert Jackson Jason Owens Chris McCain Rusty Hall Ronald Bishop William Davis John Obermeier AGREEMENT BETWEEN City of Jeffersonville and Jeffersonville Firefighters I.A.FF. Local 558 Effective January 1, 2005 through December 31, 2008 TabLe of Contents L Preamble 2. Professional Negotiation Agreement 3. Statement of Administrative Policy 4, Union Reeoguition and Security 5. Non-Discrimination 6. Productivity 7. Payroll Deductions 8. Union Business 9. Management Rights 10. Fire Station il. Seniority Rights 12. Rules a~d Regulations 13. Grievance Procedures 14. Discipline 15. Personnel Files 16. Shift Changes and Trades !7. Work Week and Training i8. Relief at Fire Under Control 19. Overtime 20. Minimum Manning 2!. Job Vacancies 22. Holidays 23. Personal, Special, and Sick Leave 24. Bereavement & Other leave 25. Vacations 26. Clothing Allowance 27. Education Pay 28. Firefighter Benefit Plans 29. Salaries and Longevity Pay 30. Coneillation's 3L Retiree Benefits 32. Supplemental Agreements 33. Application of Agreement 34. Effective Date and Duration ArC,cie One 1.1 .PREAMBLE This agreement is entered into by and between the City of Jeffersonville, Clark County, Indiana, acting by and through its City Council and Board of Public Works and Safety, (the "Employer") and Jeffersonville Professional Firefighters Local 558 International Association of Fire Fighters, AFL-CIO acting by and through its proper officers (the "Un[on"). It is the purpose of this agreement to ach/eve and maintain harmonious relations between the Employer and the Union, to provide for equ/.table and peaceful adjustment of differences that may arise, and to establish proper standards of hours, and other conditions of employment. Article Two 2.1 PROFF~YiSilNAL NEGOTIATION AGREEMENT The Employer recognizes that all permanent, uniformed members of the Jeffersonville Fire Department ("Firefighters") except the positions of Ch[e£, Deputy Chief are affiliated with the Union. Article Three 3.1 3.2 3.3 3.4 3.5 3.6 S TA TEM,~EN T 0 F ADMINIS TRA TIVE POLICY Firefighters are engaged in furnishing essential public service affecting the health, comfort and general well being of the citizens of the City of Jeffersomdlle. Firefighters are entitled to security mud fair treatment in their employment bY the City~ and The City will not restrict nor foster, encourage or discourage, or oppose Firefighters joining any lawful organization; and The City will not seek privatization of firefighter and rescue services; and The City recognizes the rights of the Firefighter to satisfaction, contentment and security; and The City 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 bring/ng their grievances before the properly constituted authorities without delay. Ar~c~eFour 4.t UNION RECOGNITION AND SECURITY.. Union Re~ognitlono Thc City of Jeffersonvill¢ r~ognizes the Jeffersonvilt¢ Professional Fire Fighters Union, Local 558, 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, worl6ng conditions, and all ocher terms and conditions of employment. 5.1 NON. DISCRIMINATION 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 bis A~eement because of race, creed, color, sex, national origin, or political affiliation. Article 6.1 pRODUCTI~TY It is the intern of the parties to achieve and sustain maximum productivity for each Firefighter during the term of this Agreement. In remm for the wage rates and conditions herein provided, and cortsistent 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 cftc,rt. Ar~¢le Se~en 7.1 7.2 The City will deduct the Union's dues, fees and assessments, in any mount 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. Ifa 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. Artt¢leEight UNION BUSINESS 8.1 Firefighters will be granted reasonable time off without pay to perform their Union functions, including attendance at conventions, conferences, seminars and the indiana General Assemble, so tong as required minimum fire department staffing is maintained. 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 !tn the new position. 8.2 Union Officers and Shift Stewards certified by the President of the Union have the fight to conduct such Union Business as required for the efficient oporation of the Union, Including, but not lim~ited to, the following: 8.3 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. A Chief Steward or 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 hom:s of duty. Ar~de N~ne 9.1 MANAGEMENT RIGHTS AND RESPONSIBILITIES Local 558 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 has the right to discipline and discharge for just cause. 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 Board of Public Works and Safety for enfoming the laws of the State and the City, passing upon ordinances adopted by the City Council, recommending an annual budget, or clkecfing the proper performance of all executive deparmaents; 2. The responsibility of the City Council for the enactment of ordinances and the appropriation of money; The responsibility of the Board of Public Works and Safety for determining Fhcfighters' classifications, establishing reasonable rules and regulations, initiating promotions and disciplinary actions, certifying payrolls and the reviewing 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 or promote Firefighters to positions within the department; b. To suspend, demote, discharge or take other disciplinary action against Fire:fighters for just cause; c. To relieve Firefighters from duties because of lack of work, lack of funds, or for disciplinary reasons; d. To determine methods, means, and employees (including Firefighters) necessary for departmental operations; e. To control the department budget; and f. To take whatever actions are necessary in emergencies in order to assure the proper functioning of the department. 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 that will enlmnce such equality for all Firefighters. 6. The Employer has the right_to make changes in working conditions and to Change past practices without the approval and or consent of the Union. However, the Union President must be given advance notice of anticipated major changes in working conditions. Also, the Employer must confer with the Union in good faith before the Employer effects such changes. 'Emergency situations are exempt fi:om these provisions. Ten 10.1 10.2 10.3 10.4 FIRE STATION The Employer will continue to famish all necessary cleaning supplies, towel service, dishes, cooking utensils, silverware, and maintain or replace existing televisions with televisions of a similar nature. The Employer will provide appropriate space in each firehouse for the Union to hang its bulletin board. Except in emergency situations, the Employer may not require a Firefighter to perform non-firefighting activities (except for emergency medical activities), or major maintenance on any city facility or improvement, including but not limited to painting the exterior of buildings, roofing of btr[ldings, making structural changes or paving or pouring concrete. Firefighters may volunteer for such activities. 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 alii Firefighters Ar~e~e Eleven 11.1 11.2 11.3 11.4 SEN@P~. TY F~GHTS If the Employer must institute a reduction of work force, the last Firefighter to be hired will be the first Firefighter to be laid off. When a recall occurs, the last Firefighter laid off will be the first Firefighter to be called back to work. The Employer further agrees not to hire any new personnel for the fire deparmaent until all Firefighters on layoffare given the opportunity to return to work. The Chief will maintain a current seniority list in his office, which will be available for inspection by Firefighters at reasonable times. 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. "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. Seniority will be determined from the date of hiring and in the event of hiring on the same date, seniority will be based on alphabetical order by last name. 12.1 12.2 RUL E,~ A~D ~t~:G UZA The Employer retains the right to establish reasonable roles and regulations for the Firefighters, including those relating to conduct and work performance. The Union retains the right to object to the reasonableness of the Employer's roles and regulations through the grievance procedure. 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) days prior to the effective date of said rule or regulation. If a grievance is fried within the ten (10) day posting period contesting the reasonableness of the proposed role or regulation, the effective date of the proposed role or regulation will abate until the grievance procedure is finalized as hereinafter set forth. Article Thirteen 13.1 GR~E VANCE PR OCED URES A" Grievance" is defined as a request from a Fire fighter for relief from an action that is in violation of his or her civil rights. A grievance may be filed when the Employer fails to follow general orders, memorandums, or rules and regulations. t[3.2 Procedure to file ~ Gr~evence: An aggrieved Firefighter may file a grievance. The grievance must be filed with the Union in writing within seven (7) calendar days after occurrence of the complaint or dispute. If it is not filed within seven (7) calendar 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 three (3) working days). The Board must hear the grievance within seven (7) calendar days. The Board must notify the grievant of the hearing in advance, and the grievant may appear at the hearing if(s) he wishes. The Board will base its decision on the presented facts and the law. The Board will notify the grievant in writing of its decision within seven (7) calendar days of the heating. If the Board believes the grievance has a valid factual basis, the Board members must, with the physical presence of the aggrieved party or parties, discuss the grievance with the grievant's Major. Provided the grievance is not settled satisfactorily in Step (5), a member of the Board and the grievant must submit the grievance in writing to, and discuss it with, the Fire Chief within seven (7) business days. The Chief must give his written answer to the Board within seven (7) business days. Provided the Grievance is not settled satisfactorily in Steps (6) & (7), the grievant and the: Board may submit the grievance to the Jeffersonville Board of Public Works and Safety at/ts next regularly scheduled meeting for review. The grievant and / or representatives, must be present at such meetings to speak on the grievant's behalf unless an emergency situation prevents their appearance. Article Fourteen DISCIPLINE 14.1 In all cases of discipline involving toss of pay, either the Chief or the Board of Public Works & Safety must give written notice of the discipline and the reason for discipline to the Firefighter and to the Union within forty-eight (48) hours 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 A Firefighter may not be demoted without just cause. The Board of Public Works and Safety must hold a hearing as required by the Indiana Code to investigate the charges prior to imposing a demotion. and void. Failure to conform to the requirements of this clause vall render the charges for demotton null This provision does not apply to upper-level policy making positions (Chief, and Deputy Chief). Ar~de F~een 15.1 The Employer must maintain each Firefighter's official personnel file in the office of the Directoy of Personnel- Upon appropriate request by a Firefighter, the Firefighter must be perrrd~ed to examine his/her official persomael file in the presence of a representative of the City. The Firefighter has the right to question any material contained in the riley 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. .~r~c~e S~x~een !6.! 16.2 $~'T AND YFORK HOUR CHANGES AND TRADES_ Shift Change. Firefighters may exchange shifts, after receiving the verbal permission of thc acting Major, if the change does not interfere with the Fire Department's staffing requirements. Any exchange of shifts must be documented in the daily log. Trades. Firefighters may trade work hours with other Firefighters, after receiving the verbal permission of the acting Major, if the change does not interfere with the Fire Department's staffing requirements. Any trade of work hours must be documented in the daily log. Seventeen WORK WEEK AND TRAINING 17.1 Work Week. The Firefighrers will be divided into three shifts. Each shifr will be on duty for twenty- four (24) consecutive hours~ except in cases of emergency~ when the Employer may expand or contract on-du~y hours as is reasonably necessary. The Fk¢fi~hters' normat workday is ~rom 0700 ~s. to 0700 hrs. Thc Employer and thc Union a~rce to abide by the Fair Labor Standards Act. ] 7.3 Upon reassignmcn~ of a Fircfighter from one shift to another sh~f~, the Fkefighter shoUld be ~ivcn four (4) days off if possible. 17.4 There will be no mandatory t~aining on holidays. Saturday training will be conducted only ffwarranted by special, unforeseen mrcumstances as determined by the Cl~ief. 17.6 The Employer will provide all training at its expense. ArtiCle ~E~ghseen 18.1 RELIEF AT FIRE UNDER CONTRD~ After a fLre is under control, the officer in charge must see that the Firefighters working the tire are relieved at the earliest possible time. Relieve means to permit a break to avoid severe exhaustion if other rested, un-duty crews are available. "Relieved" does not mean to be relieved of duty. Article N~ne~een i 9. ! Emergency Ca!l-In. If the highest-ranking officer at an emergency scene determines that additional Firefighters are required, the Firefighters who most recently started their four-days-off cycle will be called in first. If additional Firefighters are needed, the remaining Firefighters will be called in. 19.2 A Firefightor called in over his or her regular working hours will be paid one and one-half (Ii i/2) times his/her regular rate of pay, including longevity, for all additional time worked for a minimum of three (3) hours. 19.3 When the Employer must call outside the leffersonville Fire Department for additional help to fight a fire, every effort should be made to obtain the additional help from professional career firefighters. 19.4 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 pemon called in. AnY Firefighter called in for overtime may limit his/her overtime to a twelve (12) hour shift. 19.5 In case of another Firefighter's illness durin.g a shi~. a Fire.fighter already working an overtime shift has the first option to work the remaining ovemme shif~ resulting from the other Firefighter's i]Llness 19.6 Any Fixefighter 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 (1½) times his/her regular rate of pay, including longevity. Ar~deTwen~y MiNIMUM STAFFING AND RANK 20.3 20.4 20.5 Firefighters will be classified by the fol[o~Sng ra~s: 1 Chief 1 Assistant/Deputy Chief 1 Fire Marshall/Major 1 Deputy Fire MarshallfMajor 4 Majors 10 Captains 1 Training Officer/Captain 9 Lieutenants 12 Sergeants At least twelve (12) Firefighiers will be maintained on duty and available for response to alarms at all times. In the event of hiring firefighters the minimum, staffing will raise one (1) firefighter for every three (3) on line, permanent firefightcrs hired above 55. If sufficient Firefigltters are not available to meet the minimum staffing reqmrements, the !Employer will call Firefighters for overtime according to the procedures outlined in Article Twenty, above. Artide T~enty-one 21.l JOB VACANCIES AND PROMOTIONS When vacancies occur in job classifications covered by this Agreement, up to and including 'the rank of Major, the Employer will post a notice within ten (10) calendar days of said vacancy. The vacancy will be filled within thirty (30) calendar days by transfer or promotion. 21.2 The Employer will determine promotion policy. Arfide Twenty-two 22.1 22.2 22.3 lt_OL tDA Y$ Each fire fighter will receive fourteen (t 4) paid holidays. Commencing January 1, 2005 and each year thereafter, the Employer will pay each Firefighter four (4%) of a First Class Firefighters' pay for holiday pay, payable one half on the second pay period in June and one half on the first pay period in December. Those fLrefighters working any of the holidays 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 full holiday has been worked. The following holidays may be carried over from the past year: · Thanksgiving Day After Thanksgiving Christmas Eve Christmas New Years Eve Veterans Day 22.4 Holiday time must be taken in 6, 12, or 24 hour periods. 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 o New Year's Eve HolidaF List Article Twen~-~hree PERSONAL, SPECIAL AND SICK LEAVE 23.1 A Firefighter absent due to illness and or injury sustained in the line of due/will be paid~ in addition to any other benefits, the difference between the mount 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 Co) 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 hired before January l, 2000 accrues, for non-line-of-duty illness or injury, six (6) working days of sick leave per yea~ of service, up to a total of (39 days-2005), (42 days-2006) and (4:5 days-2007) and (48 days-2008) working days of sick leave. 23.3 A Fimfighter hired after January 1, 2000 accrues, for non-line-of-duty illness or injury, three (3) working days of sick leave per year for the first two years of employment. After two years of service, the Firefighter accrues six (6) days of sick leave per year of up to Schedule in article 23.2. 23.4 A Firefighter absent from work for more than three (3) consecutive days must deliver to the Employer a Doctor's excuse when (s)he reterns to work.. After a Firefighter accumulates four (4) sick (lays for the calendar year, (s)he must submit a doctor's excuse to the Chief within 48 hours or be docked a days pay. 23.5 Sick Leave will be granted only for proven sickness or injury. The burden for proving sickness or injury is on the Firefighter claiming sickness or injury. 23.6 The Employer or Chief may immediately suspend any Firefighter who feigns physical disability, illness or injury, or who makes false statements relative to any injury or illness. 23.7 When abuse of sick leave is suspected, the Employer, Chief or Deputy Chief may require additional physician statements or other evidence of sickness or injury from a Firefighter. If the Employer, Chief or Deputy Chief requests an additional physician statement or other evidence, the Firefighter must present the physician statement or other evidence requested to the Chief or Deputy Chief upon the Firefighter's remm to work. NOTE: A pattern of illness recurring in a predictable manner constitutes grounds for request for an additional physician's statement or other evidence. EXAMPLE: A Firefighter taking sick leave only on weekends. 23.8 Extended sick leave consists of four (4) pay periods, or (2) months, after which a firefighter is required to request disability, leave from the appropriate pension board. During extended sick leaw~, the fire fighter must submit a doctors statement to the Chief or Deputy Chief every seven (7) days to keep the deparm~ent notified of the Firefighter's progress. 23.9 Fireftghters must notify the Major (Acting Major) of their sick leave no later than 06:30 Hrs. on the day of their tour of duty. 23.10 Whenever a Firefighter is on sick leave and is receiving full compcmsafion from the City, the Firefighter may not engage in other compensated employment until the Firefighter returns to his/her regular Fire Department position or retires from that position. 23.11 If a Firefighter's medical c°ndifi°n will n°t all°w the Firefighter t° perf°rm his/her n°rmal fire suppression duties, the Firefighter may be assigned to administrative duties, training assigvanents, maintenance duties, etc. by the Chief, Depu~ Chief within the medical parameters or work restrictions specified by the Firefighter's doctor. Ali such duties are temporary pending the Firefighters ability to return to normal fire suppression duties. During this temporary duty, the Firefighter must report on the days the Firefighter's platoon works, and mttst work right (8) hours at the appropriate fire station. The Chief will review this temporary duty, at least every thirty (30) days. The Employer may require the Firefighter to apply to the appropriate penston board for disability retirement, if the firefightcr will not be able to perform normal fire suppression duties within the foreseeable future. 23.12 A Firefighter accrues three (3) additional leave days each year if the Firefighter did not take any sick leave i~ the previous year. A Firefighter will lose one (1) leave day for the first day taken sick, the Firefightcr will lose (2) leave days for the second sick day taken. The Firefighter will lose alt three (3) leave days on the third day taken. The three (3) additional leave days may only be used in the following · ' ' ~ ' On year they were accrued. If the additional accrued leave is not used m the year accrued, it is furfeited. duty injuries and funeral leave will not affect leave days. Article TwenVy-four BEREAVEMENT AND OTHER LEAVE 24.1 Bereavement Le~ve~ Three (3) working days leave with pay will be granted to a Firefighter in case of death of the Firefighier's immediate family These days must be token within 5 days prior or 5 days after · - ' ' fatber, mother, the date of the funeral. "Immediate family" means spouse, child, grandchild, grandparent, brother, sister, 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 fora (4) day prior or four (4) days ~r~ter the date of the funeral. "Other family members" consist of uncle, aunt, niece, nephew and cousins. Additional bereavement leave is subject to the Chief's approval, and charged to sick leave. 24.2. Military, Maternity~ and Paternity Leave will be granted in accordance with existing Federal, State and Local statutes and ordinances. Ar~;~cte Twenty-fi~c VACATION 25.1 Firefighters receive vacation leave according to the schedule attached to this Agreement as Exhibit A. 25.2 Regular vacations (i.e 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 (i.e. one (1) or two (2) consecutive 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 extended sick leave of four (4) consecutive days or more, or 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 cancel 48 hours notice mus~t 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 carded 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 25.7 a. 25.9 Incentive Days accrued prior to January 2002 may be used for extended sick leave or for retirement. Traded Time carries no seniority. Vacation days will be accrued January 1st of hired anniversary year. Bumping rights: After bumping if you decide to cancel the day or days you will be responsible to notify the person you bumped, if failure to do so you will be locked into that day or lose a day. 26.1 26.2 CLOTHING ALL O Yt/A N CE Commencing January 1, 2005, and each year thereafter, Firefighters will receive four Percent (4%) of First Class Firefighters' pay for clothing allowau, ce payable or~e half on the second pay period i_n June, and one half on the first pay period in December. 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 in course of duty. If IOSHA regulations require any changes fxom 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 issue new Firefighters the following list of turnout equipment and uniforms, at the Employer's cost: t 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 1 pr. Nighthawks w/suspenders 1 Fire Helmet (Cairns 1010) 1 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-ails w/insignia 1 long sleeve "Class-A" shirt (white) Pass device lpr. "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. Ar$~cle Twenty-seven 27.t 27.2 27.3 27.4 CER TI. FICA TI[ON PA Y Commencing January 1, 2005, Firefighters who have been certified as First Responders will receive two percent (2%)of a First Class Firefighters' pay each year for two years. On January l, 2007, C, ertified First Responders will receive three (3%) of a First Class Firefighters' pay for two years l~S-ye~u' payable one- half on the second pay period in june and one-half on the first pay period in December. Upon the Chiefs approval, the Employer w/Il pay for schooling and courses taken by firefighters pertaining to duties of fimfighting or emergency medicine. Unless the Employer furnishes transportation, the Employer will reimburse Firefighiers' required travel for approved courses relating pertaining to the duties of firefighting or emergency medicine. or If a Firefighter attends an approved course, the Firefighter will be reimbursed $10.00 per meal up to a maximum or $25.00 per day. The Firefighter must present receipts prior to reimbursement. Ifa 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 for overnight lodging. Article T~enty-eight 28.1 28.2 28.3 28.4 28.5 FIREFIGtlTER BENEFIT PLAN I-tealth Benefits: The Employer will provide each Firefighter with health insm'ance benefits equivalent to the ]plans in effect on tbJs of the signing of this contract as of January 1st, 2005. Firefighters must each contribute monthly to the total cost of health insurance premiums in accordance with the following schedule: In the first year of the contract the contribution to the health insurance plan for ac~ve Firefighters to be 15% of Employeffs cost (employer to be~r 85%) ~nd prescription drag co- pay to ch~ge from $5 generic and $10 br~d name to $10 generic and $20 brand name. In 2005 15% of Employer's cost ks $48 for s~e and $127 for family. For the remainder of the contract the contribution to the health insurance for active Firefighters is to be 20% (the 20% ks not to exceed $100 single and $200 family) of the Employer's cost and the Employer's share 80% and the co-pay on doctor visits (commonly called preventative/wellness care) be increased from $10 per occasion to $20 and the plan deductible be raised from $50/100 to $250/500. Any change in Firefighte'rs' required contribution greater than five (5%) percent may be renegotiated. Dental Benefits: The City wilt 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: Firefighter Contribution Single Coverage Firefighter plus one coverage Family Coverage -0- $10.00 $20.00 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. 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. Pension and Retirement Plan: Firefi ters, share of PERF until, in the Union's opinion, a better plan The City will continue to pay the gh replaces PERF. Arfide Twenty-nine SALARtES AND LONGE~ITY PA Y 29.1 S~iries: F~rst Class F~refighters base p y (2005) ........................................... $35,406.25 Commencing January 1, 2005 the First Class Firefighters' base pay will increase no less than three percent (3%) Commencing January 1, 2006 the First Class Frrefighter base pay will increase no less three percent (3%). Commencing January l, 2007 the First Class Firefighters' base pay will increase no less thaa four percent (4%) Commencing January 1,2008 the first Class Firefighters base pay will increase no Less than four percent (4%) 29.2 Firefighters hired after the date of this contract will be paid a Probationary salary, ten percent (10%) less than a First Class Firefighters' base pay for the first year of employment, and five percent (5%) less than the First Class Firefighters' base pay for the second year of their employment. 29.3 Longevity Pay: The following longevity pay will be added to the monthly salary and wages of each eligible Firefighter. In addition to the First Class Firefighters' base pay, each eligible Firefighter will receive 1% of the First Class Firefighters' base pay, per year of employment up to 20 years. 29.4 Rank Differential Commencing Janual3r 1, 2005: An Engineer will receive $20 per day for driving. A Sergeant will receive no less than ten pement (10%) more than a First Class Firefighter. A Lieutenant wilt receive no tess than fifteen percent (15%) more than a First Class Firefighter. A Captain will receive no less than twenty' percent (20%) more than a First Class Firefighter. A Fire Marshall and a Deputy Fire Marshall will receive no tess than thirty percent (30%) more than a First Class Fire fighter. A major will receive no less than thirty (30%) more than a First Class Firefighter. ArC,cie Th~r~y CONCILiYA TIONS 30.1 The parties hereto pledge to avoid fruitless controversies, to maintain good feelings and harraonious 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. 31.1 3t.2 No change will be made in the city ordinance as of January tst 2005 to the required percentage of contribution made by a Retired Firefighter for insurance. Upon retirement from active service of a Firefighter with twenty (20) or more years of service, the Firefighter will receive Ns/her turnout gear and helmet from the Employer. The retiring Firefighter will also be presented with a retirement badge and identification card. A~c~e Th~r~y-~wo 32.1 SUPPlf. I~.MENTAL .4GREEMENT 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 lif~ of the Agreement. Either party may notify the other party, in writing, of it's desire to negotiate. Supplemental agreements wilt become a part of the lm-ger agreement, and subject to all its provisions. 32.2 New contract negotiations will begin by June 15, 2008. ~t~ficle Th~y-three APPL]~CA TION OF AGREEMENT 33.1 If any provision of this Agreement, or apphcation thereof, to any person or circumstance, is held unconstitutional or otherwise invalid, the rema/ning provisions of this Agreement wStl 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 supercedes all ordinances in conflict with it. Vacation Schedule Vacation time accrues to Firefighters hired prior to January 1, 2000 based upon their years of servi[ce with the City as follows: 6mo.- 1 years of service ........................................ 3 days 1 - 4 years of service ........................................... 14 days 5 - 9 years of service ............................................ 15 days 10-14 years of service .......................................... 16 days 15- 19 years of service .......................................... 17 days 20-24 years of service ........................................... 18 days 25- 29 years of service ........................................... t9 days 30 - or more years ................................................ 21 days The Parties further agree that all Firefighters hired after January 1, 2000 accrue vacation time as fi)llows: 6 months of service ................................................ 3 days 1 - 4 years of service ............................................... 8 days 5 - 9 years of service ............................................... 11 days 10 - 14 years of service ............................................. 14 days 15 - 19 years of service ............................................ 16 days 20 - or more years of service ..................................... 18 days Exhibit A Article Thirty-four EFFECTIVE DA TE AND D UFA TI@N ' ' I This Agreement shall become effective upon its proper adoption by the paxties listed ac_ow, and will continue in full force and effect until December 3l, 2008. It shall, thereafter, automatically remain in effect until a new agreement is reached. In Wimess Whereof, the parties have hereunto set their hands and seals this c~tO day of December ,2004. Jeffersonviile Professional Firefighters, Local 558, of The International AssocLatlon of Firefighters Donald President David DeArk ~<~ ~ ~ ai~ng ~[~ee Memoer The City of Jeffersonville, Indiana Attest: Peg~-W~l~r,~Cl~k-Treasurer