HomeMy WebLinkAbout08798ORDINANCE NO. 8798
AN ORDINANCE APPROVING AND ENACTING THE
COLLECTIVE BARGAINING AGREEMENT BETWEEN
CITY OF PUEBLO AND THE INTERNATIONAL
ASSOCIATION OF FIRE FIGHTERS LOCAL 3
COMMENCING JANUARY 1, 2015, AND AUTHORIZING
THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME
WHEREAS, the corporate authorities of the City of Pueblo and the sole and
exclusive bargaining agent of the classified employees in the fire fighters bargaining
unit, i.e. International Association of Fire Fighters Local 3, have negotiated a collective
bargaining agreement commencing January 1, 2015 (the "Labor Agreement"); and
WHEREAS, the Labor Agreement has been reduced to writing and signed by
said parties pursuant to the requirements of Section 8-14(I) of the Charter, City of
Pueblo, Colorado; and
WHEREAS, Section 8-14(I) of the Charter of the City of Pueblo, Colorado, further
requires that the Labor Agreement be enacted as an Ordinance; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that
SECTION 1.
The Collective Bargaining Agreement between the City of Pueblo and the
International Association of Fire Fighters Local 3 commencing January 1, 2015, a copy
of which is attached hereto, having been approved as to form by the City Attorney, is
hereby approved and enacted as an Ordinance.
SECTION 2.
The President of the City Council is authorized to execute the Collective
Bargaining Agreement in the name of the City.
CFrTI(lnl q
The officers and staff of the City are directed and authorized to perform any and
all acts consistent with the intent of this Ordinance to effectuate the policies and
procedures described herein.
SECTION 4.
This Ordinance shall become effective upon final passage and approval.
INTRODUCED: November 10. 2014
BY: Chris Nicoll
son
APPROI
ENT OF CITY COUNCIL
ATTESTED BY: -cS1t
CI CLERK
PASSED AND APPROVED: November 24. 2014
City Clerk's Office Item # R-8
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: November 10, 2014
TO: Vice President Ami Nawrocki and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Sam Azad, City Manager
Jenny M. Eickelman, Interim Deputy City Manager
SUBJECT: ORDINANCE APPROVING AND ENACTING THE COLLECTIVE
BARGAINING AGREEMENT BETWEEN THE CITY OF PUEBLO AND
THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 3
COMMENCING JANUARY 1, 2015, AND AUTHORIZING THE
PRESIDENT OF CITY COUNCIL TO EXECUTE SAME
SUMMARY:
Attached is a proposed Ordinance which would approve and enact the negotiated
collective bargaining agreement between the City of Pueblo and the International
Association of Fire Fighters Local 3 (IAFF) commencing January 1, 2015.
PREVIOUS COUNCIL ACTION:
Pursuant to §8-14(I) of the City Charter, any collective bargaining agreement negotiated
between the sole and exclusive bargaining agent of the classified employees in a
bargaining unit and the City shall be reduced to writing, signed by the parties, and
enacted by Ordinance. Historically each time an agreement between the City and IAFF
Local 3 was reached, an Ordinance was presented to the City Council and
subsequently approved.
BACKGROUND:
The current collective bargaining agreement between the City and IAFF Local 3 expires
on December 31, 2014. Pursuant to the requirements of the City Charter, the City and
IAFF Local 3 commenced negotiations with respect to a successor contract in June.
Through the negotiations process, the parties were able to reach an agreement on a
successor contract, and the agreement was reduced to writing and signed by the
parties. Pursuant to §8-14(I) of the Charter, the agreement must now be enacted by
Ordinance.
The successor contract provides for a three-year agreement with across the board
wage increases in each of the three years. Step increases will also be provided. The
successor contract contains the following specific changes with respect to the prior
contract:
Article 10 Wages. In 2015, the monthly pay rate for each class, grade, step,
or position of employees is to be increased by 1% over the
established 2014 pay levels.
If the City exercises its option to extend the term of the Agreement
to 2016, the monthly pay rate for all classes, grades, steps, or
positions of employees will be increased by 1.25% over the
established 2015 pay levels.
If the City exercises its option to extend the term of the Agreement
to 2017, the monthly pay rate for all classes, grades, steps, or
positions of employees will be increased by 2.0% over the
established 2016 pay levels.
Step increases will be given in each of the three years.
Article 51 Duration of Agreement. The term of the Agreement is effective
January 1, 2015, through December 31, 2015, and may be
extended by the City for two successive one-year terms. The
decision to extend the term of the agreement shall be made by the
City Council on or before June 1, 2015, or June 1, 2016, whichever
the case may be. If the City Council fails to extend the term of the
agreement, then either party may commence negotiations by
serving notice pursuant to the City Charter on or before June 21,
2015, or June 21, 2016, as the case may be. All applicable TABOR
provisions remain in effect.
FINANCIAL IMPLICATIONS:
This negotiated successor agreement provides across the board wage increases
estimated at approximately $102,564 (including associated benefits) in 2015, an
additional $128,205 in 2016, and an additional $213,415 in 2017. Step increases are
estimated to cost $123,135 in 2015, an additional $64,985 in 2016, and an additional
$23,801 in 2017. The increase in the City's share of health insurance premiums for
2015 is estimated to cost $128,000 in 2015. The total estimated financial impact of this
contract for 2015 is $353,699; the additional financial impact for 2016 is approximately
$193,190, excluding any health insurance premium increases; and the additional
financial impact for 2017 is approximately $237,316, excluding any health insurance
premium increases. The increase in the City's share of health insurance premiums for
2016 and 2017 are unknown.
BOARD/COMMISSION RECOMMENDATION:
Not applicable.
STAKEHOLDER PROCESS:
Not applicable.
ALTERNATIVES:
Section 8-14 of the Charter of the City of Pueblo, Colorado, defines the duties and
timelines for bargaining with the exclusive bargaining units that represent City
employees. The City and IAFF Local 3 have complied with those requirements and
bargained in good faith to reach a tentative agreement. If the proposed Ordinance does
not receive approval by City Council, the City and its IAFF Local 3 employees will be left
without a Collective Bargaining Agreement.
RECOMMENDATION:
City Administration recommends approval of this Ordinance.
Attachments: A copy of the negotiated Collective Bargaining Agreement between the
City of Pueblo and the International Association of Fire Fighters Local 3 commencing
January 1, 2015, is attached.
LOCAL#3
TABLE OF CONTENTS
ARTICLE
PAGE
PREAMBLE
1
DEFINITIONS
2
ARTICLE 1.
RECOGNITION
3
ARTICLE 2.
DUES CHECKOFF AND INDEMNIFICATION
4
ARTICLE 3.
UNION SECURITY
5
ARTICLE 4.
DISCRIMINATION
6
ARTICLE 5.
PREVAILING RIGHTS
7
ARTICLE 6.
RIGHTS OF MANAGEMENT
8
ARTICLE 7.
RULES AND REGULATIONS
10
ARTICLE 8.
PRODUCTIVITY
11
ARTICLE 9.
OVERTIME PAY
12
ARTICLE 10.
WAGES
13
ARTICLE 11.
BASIC RATE OF PAY
14
ARTICLE 12.
TUITION REFUND
15
ARTICLE 13.
MILITARY LEAVE
16
ARTICLE 14.
AUTOMOBILE ALLOWANCE
17
ARTICLE 15.
SHIFT EXCHANGE
18
ARTICLE 16.
FUNERAL LEAVE
19
ARTICLE 17.
LONGEVITY PAY
20
ARTICLE 18.
RATE OF PAY FOR WORKING IN HIGHER
21
CLASSIFICATION
ARTICLE 19.
HOLIDAYS
22
ARTICLE 20.
VACATION LEAVE
24
ARTICLE 21.
APPENDICES AND AMENDMENTS
26
ARTICLE 22.
CLOTHING ALLOWANCE
27
ARTICLE 23.
WORK SCHEDULES
29
ARTICLE 24.
FAMILY MEDICAL COVERAGE
30
ARTICLE 25.
GRIEVANCE PROCEDURE
31
ARTICLE 26.
DISABILITY PAYMENTS - FIRE DEPARTMENT
33
PERSONNEL
ARTICLE 27.
SAVINGS CLAUSE
34
ARTICLE 28.
SICK LEAVE
35
ARTICLE 29.
UNION ACTIVITY
38
ARTICLE 30.
INJURY LEAVE
39
ARTICLE 31.
SPECIAL LEAVE
40
ARTICLE 32.
ABSENCE WITHOUT LEAVE
41
ARTICLE 33.
STATION TRANSFERS
42
ARTICLE 34.
LONGEVITY COMPENSATION DURING LEAVE
43
ARTICLE 35.
ORDER OF REDUCTION
44
ARTICLE 36.
ENTRANCE SALARY RATES
45
IAFF 2015-2017 Contract - Page i
TABLE OF CONTENTS (CONTINUED)
ARTICLE PAGE
ARTICLE 37.
APPOINTMENT PROBATIONARY
46
ARTICLE 38.
LIGHT DUTY AND LIMITED DUTY ASSIGNMENT
47
ARTICLE 39.
ABOLITION OF POSITION
49
ARTICLE 40.
REINSTATEMENT AND REEMPLOYMENT
50
ARTICLE 41.
APPOINTMENT TO VACANCY
51
ARTICLE 42.
RATE OF PAY ON DEMOTION
53
ARTICLE 43.
RECLASSIFICATION
54
ARTICLE 44.
REPORTING CHANGES IN DUTIES;
55
RECLASSIFICATION
ARTICLE 45.
APPEAL FROM CLASSIFICATION OR
56
RECLASSIFICATION
ARTICLE 46
VACANCIES
57
ARTICLE 47
STRIKES — DISRUPTION OF SERVICE
58
ARTICLE 48
INTENT OF THIS AGREEMENT
59
ARTICLE 49
PROMOTIONAL EXAMINATION REQUIREMENTS
60
ARTICLE 50
REPLACEMENT
61
ARTICLE 51
DURATION OF AGREEMENT
62
ARTICLE 52
SAFETY
63
ARTICLE 53
LIABILITY INSURANCE
64
ARTICLE 54
SMOKE FREE WORKPLACE
65
ARTICLE 55
DEATH AND DISABILITY PLAN
66
ARTICLE 56
RANDOM DRUG TESTING
67
ARTICLE 57
MATERNITY AND PATERNITY LEAVE
68
APPENDIX A
70
IAFF 2015-2017 Contract — Page ii
PREAMBLE
This Agreement is entered into by and between the City of Pueblo, hereinafter
referred to as the City, and International Association of Fire Fighters Local #3,
hereinafter referred to as the Union. The City and the Union may also hereinafter be
referred to severally as a party, and jointly as the parties.
It is the purpose of this Agreement to achieve and maintain harmonious relations
between the Employer and the Union; to provide for equitable and peaceful adjustment
of differences, which may arise, and to establish proper standards of wages, hours and
other conditions of employment.
IAFF 2015-2017 Contract — Page 1
DEFINITIONS
"Fire Chief' shall mean the Fire Chief, acting Fire Chief, or the designee
of either.
"City Manager" shall mean the City Manager, acting City Manager or the
designee of either.
"Director" shall mean the Director of Personnel or his designee.
"Fire Fighter" shall mean any member of the classified service of the fire
department so defined in sec. 8-14(a)(1) of the City Charter.
"Group A fire fighters" shall mean those fire fighters whose normal work schedule
consists of 8 hour shifts or parts thereof, unless such
firefighters work a flex time schedule approved by the Fire
Chief under Article 23.
"Group B fire fighters" shall mean those fire fighters whose normal work schedule
consists of 24 hour shifts or parts thereof.
"Day" shall mean calendar day unless otherwise modified or
defined herein.
"Modified Duty" shall mean the assignment of an employee to work with
medical restriction of duty either in the employee's regular
class or in another class in the fire department during any
period in which the fire fighter would otherwise be eligible for
injury leave benefits.
Unless otherwise specified herein, words used in this Agreement shall have the
same meaning as are given them in Section 6-3-1 of the 1971 Code of Ordinances in
effect on April, 1983.
IAFF 2015-2017 Contract — Page 2
ARTICLE 1. RECOGNITION.
The City recognizes the Union as the sole and exclusive collective bargaining
agent for all fire fighters.
IAFF 2015-2017 Contract — Page 3
ARTICLE 2. DUES CHECKOFF AND INDEMNIFICATION.
The City shall deduct on a regular basis dues and fees from the pay of all fire
fighters who hereafter voluntarily authorize such deduction in writing on a form provided
for this purpose by the Union or the City; the form to be as set forth below; the Union will
initially notify the City as to the amount of dues, or dues and initiation fees, to be
deducted. Such notification will be certified to the City in writing over the signature of
the authorized officer or officers of the Union. Changes in the Union membership dues
or fees will be similarly certified to the City and shall be done at least one month in
advance of the effective date of such change. The City will remit to the Union sums
within thirty (30) days after date of deduction.
The Union shall indemnify, defend, and hold harmless the City, and its officers,
agents or employees against any and all claims, demands, suits, or other forms of
liability that may arise out of, or result from, any action taken by it or them in order to
comply with this Article, except negligent acts for which it or they shall be responsible.
PAYROLL DEDUCTION AUTHORIZATION
NAME:
DEPARTMENT:
EFFECTIVE DATE:
I hereby request and authorize the City of Pueblo to deduct from my earnings,
once each month, union dues and assessments, as well as any increases in such dues
and assessments, as established by the Union. I further request and authorize Local
No. 3, IAFF to certify to the City of Pueblo the amount to be deducted as well as any
increases in such union dues and assessments. The amount deducted shall be
remitted to the Treasurer of Local No. 3, IAFF, the sole and exclusive Collective
Bargaining Agent of the Fire Fighters.
hereby waive all rights in or claims to the amounts so deducted and remitted,
and also relieve the City, the Union, and all officers, agents or employees of either, from
liability for such amounts.
DATE:
SIGNATURE:
IAFF 2015-2017 Contract — Page 4
ARTICLE 3. UNION SECURITY.
Section 1. No fire fighter shall be required to become a member of the Union as
a condition of his employment or continued employment by the City, and there shall be
no discrimination against any fire fighter on account of his membership or non-
membership in the Union.
Section 2. It is recognized that all fire fighters may or may not join the Union, at
the individual's discretion.
Section 3. It is further recognized that the Union, as the exclusive bargaining
representative of all fire fighters, owes the same duties to all fire fighters whether Union
members or not, and provides benefits and services to all fire fighters whether Union
members or not.
Therefore, as a condition of employment, upon completion of the entrance
probationary period of all fire fighters, as defined under Section 8-14 (a) of the Charter
of the City of Pueblo, shall be required to pay to the Pueblo Fire Fighters Local No. 3 an
amount not to exceed the normal dues and assessments required of members of Local
No. 3 as a service charge for the administration of this Agreement. Failure of a fire
fighter to pay such dues or assessments shall be grounds for disciplinary action
including discharge by the City against such fire fighter.
IAFF 2015-2017 Contract — Page 5
ARTICLE 4. DISCRIMINATION.
The City and the Union recognize that they are subject to and this Agreement is
subordinate to certain local, state and federal laws prohibiting discrimination based on
race, color, religion, sex, national origin, politics, age, handicap, or affiliation or non -
affiliation with a labor organization.
IAFF 2015-2017 Contract — Page 6
ARTICLE 5. PREVAILING RIGHTS.
All ordinances and working conditions in effect on March 1, 1983, pertaining to
fire fighters, which are not included in this Agreement, shall remain in full force,
unchanged and unaffected in any manner, during the term of this Agreement unless
changed by mutual consent.
IAFF 2015-2017 Contract — Page 7
ARTICLE 6. RIGHTS OF MANAGEMENT.
Section 1. Except as otherwise specifically provided in this Agreement, the City
has the sole and exclusive right to exercise all the rights or functions of management,
and the exercise of any such rights or function shall not be subject to any grievance
procedure, except as to resolution of whether or not a specific matter is a management
right. Without limiting the generality of the foregoing, as used herein, the term "Rights of
Management" includes:
(a) The determination of Fire Department policy, including the right to manage
the affairs of the Fire Department in all respects;
(b) The right to assign working hours, including overtime;
(c) The right to establish, modify or change work schedules, manning of
apparatus in the main or reserve fleet, etc.;
(d) The right to assign fire fighters to other duties within the Fire Department
when their apparatus is out of service;
(e) The right to direct the members of the Fire Department, including the right
to hire, promote, or transfer any fire fighter within the Fire Department;
(f) The table of organization of the Fire Department, including the right to
organize and reorganize the Fire Department in any manner it chooses, including the
size of the Fire Department and the determination of job classifications and positions
within classes based upon duties assigned.
(g) The determination of the safety, health and property protection measures
of the Fire Department;
(h) The allocation and assignment of work to fire fighters within the Fire
Department;
(1) The determination of policy affecting the selection or training of fire
fighters;
(j) The scheduling of operations and the determination of the number and
duration of hours of assigned duty per week;
(k) The establishment, modification and enforcement of Fire Department
rules, regulations, and orders;
(1) The transfer of work from one position to another within the Classified
Service of the Fire Department;
(m) The introduction of new, improved or different methods and techniques of
operation of the Fire Department or a change in existing methods and techniques;
IAFF 2015-2017 Contract — Page 8
(n) The placing of service, maintenance or other work with outside contractors
or other agencies of the City;
(o) The determination of the number of classes and the number of fire fighters
within each class;
(p) The determination of the amount of supervision necessary.
Section 2. No discretionary power vested in the City or in the Fire Chief shall be
exercised in an arbitrary or capricious manner.
IAFF 2015-2017 Contract — Page 9
ARTICLE 7. RULES AND REGULATIONS.
All fire fighters shall comply with all Fire Department rules and regulations. The
Union recognizes that the City has the authority to suspend, demote, discharge or take
other appropriate disciplinary action against employees for just cause. Any alleged
violations by either the City or fire fighter of a departmental rule or regulation shall be
subject to the grievance procedure set out in Article 25.
IAFF 2015-2017 Contract — Page 10
ARTICLE 8. PRODUCTIVITY.
Section 1. The Union and the City recognize that increased productivity will
require the continuation of improvements and technological progress through new
methods, techniques and equipment which will contribute to improved quality and
efficiency of fire protection for the citizens of Pueblo. The Union and the City will act in
good faith and with a cooperative attitude to achieve these ends.
IAFF 2015-2017 Contract — Page 11
ARTICLE 9. OVERTIME PAY.
Section 1., Fire fighters shall be compensated for overtime work at the rate of
time and one-half, in [cash] wages, when requested to work such overtime by the Chief
of the Department. Only such hours as are worked in excess of the prescribed daily
work shift shall be so compensated.
Section 2. Any fire fighter called back to work prior to the beginning of his next
regular shift shall be compensated for a minimum of four (4) hours at the rate of one
and one-half (1 Y2) his regular rate of pay as provided in Section 1 of this Article. If a fire
fighter is moved from one shift to another he shall work the first half (day shift) of the
shift being moved from the second half (night shift) of the shift he is being moved to.
Section 3. Any overtime or call-back compensation provided for in this Article
may, at the discretion of the fire fighter, and subject to the requirements of the Fair
Labor Standards Act, be taken as time off regularly scheduled work hours at the rates
provided in this Article, provided that the time be taken off must be approved by the
Chief.
Section 4. Fire fighters actually contacted and requested to work overtime during
an emergency shall respond to such emergency.
Section 5. Section 1 above rather than Section 2 shall apply to any fire fighter
required to hold over at the end of a shift for a maximum of two hours for purposes of
attendance at meetings, or training sessions.
IAFF 2015-2017 Contract — Page 12
ARTICLE 10. WAGES.
Section 1. Effective January 1, 2015, the monthly pay rate for each class, grade,
step, or position of employees covered by this Agreement shall be increased by 1%
over the amount set by Ordinance establishing the 2014 pay levels, in accordance with
the salary schedule found in attached Appendix A. If, and in the event that, the City
exercises its option to extend the term of this Agreement from January 1, 2016, through
December 31, 2016, the rates then in effect shall be increased by 1.25% over the
amount set by Ordinance establishing the 2015 pay levels (See Appendix A). If, and in
the event that, the City exercises its option to extend the term of this Agreement from
January 1, 2017, through December 31, 2017, the rates then in effect shall be increased
by 2% over the amount set by Ordinance establishing the 2016 pay levels (See
Appendix A).
Section 2. Each fire fighter who has completed a course of study in hazardous
materials approved by the Fire Chief, and is a certified Hazmat Technician, and is
permanently assigned to the Hazmat Response Team, shall receive an additional
$50.00 per month while assigned to the Hazmat Response Team, provided that a
maximum of eight (8) fire personnel on each shift will be so compensated. There will be
no step up to this position.
Any fire fighter assigned to the Hazmat Response Team shall obtain certification
at the Hazmat Technician level within one year. Failure to do so will result in transfer by
the Chief.
Fire fighters permanently assigned to the Hazmat Response Team effective
January 1, 1995, will continue this assignment without the need to re -bid their shift or
station.
IAFF 2015-2017 Contract — Page 13
ARTICLE 11. BASIC RATE OF PAY.
The basic hourly rate of pay equals the annual salary as set forth in Article 10
divided by:
(1) 2920 Hours for Group B fire fighters.
(2) 2086 Hours for Group A fire fighters.
IAFF 2015-2017 Contract — Page 14
ARTICLE 12. TUITION REFUND.
Upon recommendation, and after prior approval of the department head and the
City Manager, the City of Pueblo may reimburse a permanent, full-time fire fighter upon
successful completion (grade of C or better) of an approved course or courses in an
approved Fire Service related Degree Program or Emergency Medical Services Degree
Program. The amount to be reimbursed will not exceed seventy-five percent (75%) of
the total cost of tuition, fees, and books. The amount reimbursed shall not exceed one
thousand dollars ($1000) per year per person.
[AFF 2015-2017 Contract — Page 15
ARTICLE 13. MILITARY LEAVE.
Section 1. Any permanent fire fighter who presents official orders requiring his
attendance for a period of training or active duty as a member of the military service
shall be entitled to military leave for a period or periods not to exceed a total of fifteen
(15) calendar days in any one year and he shall be entitled to full pay from the City for
such period, provided that any military pay received for shifts taken as military leave by
the fire fighter, less travel and meal allowance, shall be paid to the City. Military leave
shall be in addition to, and may not be concurrent with, authorized vacation leave. Such
fire fighter may take one shift of vacation or personal leave either immediately before or
immediately after his military leave.
IAFF 2015-2017 Contract — Page 16
ARTICLE 14. AUTOMOBILE ALLOWANCE.
A fire fighter who is required or specifically authorized by the Chief to operate a
private automobile in conduct of City business shall be paid mileage at the amount
allowed by the Internal Revenue Service for each mile of usage of the personal
automobile on City business.
IAFF 2015-2017 Contract — Page 17
ARTICLE 15. SHIFT EXCHANGE.
Fire fighters shall have the right to exchange shifts when the change does not
interfere with the operations of the Fire Department. Operational interference shall be
determined by the Chief or his representative. The Chief shall not act in an arbitrary or
capricious manner.
Fire fighters shall have the right to exchange banked vacation for shifts worked,
in blocks of either 12 or 24 hours, subject to the restrictions set out above, provided that
no such exchange results in any fire fighter exceeding the maximum banked vacation
allowable under Article 20 herein, and provided that no such exchange results in liability
for the payment of overtime compensation by the City.
Neither the City of Pueblo nor the Fire Department is responsible for any
problems arising out of shift exchanges, including any time not paid back. The
firefighter who agreed to work an exchanged shift shall remain responsible for said shift.
In case a firefighter who has agreed to work an exchanged shift fails to do so for any
reason (including sick leave) that firefighter shall be charged one vacation shift. If the
department is required to assign any overtime, one and one half (1 Y2) shifts of vacation
shall be charged to that firefighter.
[AFF 2015-2017 Contract — Page 18
ARTICLE 16. FUNERAL LEAVE.
Section 1. In the event of a death in the immediate family of a fire fighter, the fire
fighter shall be granted leave, with pay from the time of death, plus ten (10) consecutive
days.
The immediate family shall be defined as father, mother, stepfather, stepmother,
brother, sister, stepbrother, stepsister, husband, wife, child, stepchild, mother-in-law,
father-in-law, grandparent, grandchild, or relative residing in the same household with
the employee.
Section 2. Funeral leave shall be a special administrative leave, which is not
accrued, not subject to any maximum, and not charged against any other accrued leave
benefits, if the funeral leave is used because of the death of any employee's spouse or
child. Any other allowable use of funeral leave shall be charged against earned sick
leave.
Section 3.
(a) Funeral leave not to exceed four hours shall be granted for attendance at
the funeral of a relative of the fire fighter outside his immediate family or for actual
service as a pallbearer at any funeral. An additional amount of time up to 8 hours may
be granted, if no manpower problem is generated.
(b) Fire fighters may be granted funeral leave not to exceed four hours for
attendance at the funeral of a deceased fire fighter, provided a working schedule can be
arranged by the Fire Chief that does not materially impair the capability of the
department to fulfill its duties to the public.
(c) Accrued vacation leave or leave without pay may be granted by the Fire
Chief for further funeral purpose.
IAFF 2015-2017 Contract — Page 19
ARTICLE 17. LONGEVITY PAY.
Fire Fighter Personnel. Commencing with the month following completion of five
years of actual continuous service as a full-time fire fighter in the Fire Department of the
City, each such fire fighter shall receive, in addition to all other compensation for full-
time services, the amount of Twenty -Five Dollars (25.00) per month; following ten (10)
years of such service, Thirty -Five Dollars ($35.00) per month; following fifteen (15)
years of service, Forty -Five Dollars ($45.00) per month; following twenty (20) years of
such service, Fifty -Five Dollars ($55.00) per month. In no event shall longevity
compensation exceed Fifty -Five Dollars ($55.00) per month.
[AFF 2015-2017 Contract — Page 20
ARTICLE 18. RATE OF PAY FOR WORKING IN HIGHER CLASSIFICATION.
When a fire fighter is assigned to and performs the duties of a higher
classification for a period of four (4) hours for a Class A fire fighter or four (4) hours for a
Class B fire fighter, or longer, the fire fighter will be paid for the duration of such service
the following increases:
Fire Fighter 1 through 6
to Engineer
$35.00 per shift
$1.46 per hour
Fire Fighter 1 through 6
to EMO
$60.00 per shift
$2.50 per hour
Fire Fighter 1 through 6
to Captain
$80.00 per shift
$3.33 per hour
Engineer to Captain
$60.00 per shift
$2.50 per hour
Engineer to EMO
$45.00 per shift
$1.88 per hour
EMO to Captain
$45.00 per shift
$1.88 per hour
Captain to Assistant Chief
$95.00 per shift
$3.96 per hour
IAFF 2015-2017 Contract — Page 21
ARTICLE 19. HOLIDAYS.
pay:
Section 1. Group A. Fire fighters shall receive the following days off with full
(a) The first day of January (New Year's Day)
(b) The third Monday in January (Martin Luther King, Jr. Day)
(c) The third Monday in February (President's Day)
(d) The last Monday in May (Memorial Day)
(e) The fourth day of July (Independence Day)
(f) The first Monday in September (Labor Day)
(g) The second Monday in October (Columbus Day)
(h) The fourth Thursday in November (Thanksgiving Day)
(1) The day after Thanksgiving
(j) The twenty-fifth day of December (Christmas Day)
For Group A fire fighters only, when any holiday listed above falls on Saturday,
the preceding Friday shall be observed as the holiday; when the holiday falls on
Sunday, the following Monday shall be observed as a holiday. In addition to the above,
any day may be designated as a holiday by proclamation of the Council President upon
approval of the City Council. Group A fire fighters shall receive forty (40) hours of
personal leave during each calendar year of employment.
Section 2. Group B fire fighters shall receive six (6) shifts of personal leave
during each calendar year of employment in lieu of holidays.
Section 3. Each employee working for the City on any election day shall be
allowed such time off as is necessary to vote. Such time off shall be scheduled by the
Chief.
Section 4. Personal Leave.
(a) Personal leave time may be granted, with pay, for any one of the following
purposes:
family.
(1) Time lost as a result of illness or injury of the fire fighter's immediate
(2) To attend to personal business.
(3) Leisure activities.
(b) The City will compensate Group A fire fighters for no more than forty (40)
hours of unused personal leave time and will compensate Group B fire fighters for no
more than six shifts of unused personal leave time at the fire fighter's regular rate of
pay. When fire fighters bid for vacation, they will sign a form that authorizes the City to
pay out to them in the final pay period of the calendar year all unscheduled, unused
personal leave time, up to the maximum amounts set forth in this subsection, that is
available as of December 20. The Fire Department will keep these forms on file and the
City will honor all signed forms accordingly by duly paying out such personal time in the
IAFF 2015-2017 Contract — Page 22
last pay period of the year. If fire fighters wish to receive a payment in lieu of personal
leave time at some time other than in the final pay period of the calendar year, fire
fighters may submit a written request for such payment, and a Personnel Action Form
("PAF") will be generated to initiate that payment. If the approved written request and
PAF are received by the City Finance office prior to the 20th day of any month, payment
for such personal leave will be issued on the date of normal payroll distribution for the
month in which the request for payment was made. If the approved written request and
PAF are received by the City Finance office after the 20th day of any month, payment for
such personal leave will be issued in the month following the month in which the request
for payment was made and will occur on the normal payroll distribution date. Personal
leave time shall not exceed the levels indicated above, nor shall it be accumulated or
carried over from one year to the next. Personal leave shall be scheduled and
administered under the direction and with the approval of the Fire Chief. In the event of
illness, injury or emergency in which personal leave is requested, the fire fighter shall
notify his supervisor at least one (1) hour prior to scheduled reporting time.
(c) Except in the case of illness, injury or emergency requests for personal leave
by any fire fighter shall be made at least five (5) days prior to the day the leave is to be
taken. All or part of personal leave may be scheduled to be taken at the time vacations
are scheduled.
IAFF 2015-2017 Contract — Page 23
ARTICLE 20. VACATION LEAVE.
Section 1. Group A fire fighters hired prior to 1/1/97 shall be allowed vacation
leave with full pay at the rate of:
- 12 shifts for one year continuous service with the City of Pueblo;
- 15 shifts for five years continuous service with the City of Pueblo;
- 18 shifts for ten years continuous service with the City of Pueblo;
- 21 shifts for fifteen years continuous service with the City of Pueblo.
Group A fire fighters hired on or after 1/1/97 shall be allowed vacation leave with
full pay at the rate of:
- 0 shifts for six months of continuous service with the City of Pueblo;
- 10 shifts for one year continuous service with the City of Pueblo;
- 15 shifts for five years continuous service with the City of Pueblo;
- 18 shifts for ten years continuous service with the City of Pueblo;
- 21 shifts for fifteen years continuous service with the City of Pueblo.
Section 2. Group B fire fighters hired prior to 1/1/97 shall be allowed vacation
leave with full pay at the rate of:
- 6 shifts for one year continuous service with the City of Pueblo;
- 7 shifts for five years continuous service with the City of Pueblo;
- 8 shifts for ten years continuous service with the City of Pueblo;
-10 shifts for fifteen years continuous service with the City of Pueblo.
Group B fire fighters hired on or after 1/1/97 shall be allowed vacation leave with
full pay at the rate of:
- 0 shifts for six months continuous service with the City of Pueblo;
- 5 shifts for one year continuous service with the City of Pueblo;
- 7 shifts for five years continuous service with the City of Pueblo;
- 8 shifts for ten years continuous service with the City of Pueblo;
-10 shifts for fifteen years continuous service with the City of Pueblo.
Section 3. Vacation leave may be granted in minimum and maximum periods as
provided by the Fire Chief, with the approval of the City Manager, provided vacation
leave will not be granted in excess of vacation credit earned prior to the starting date of
leave.
Section 4. The fire fighter with the longest length of service in the Fire
Department shall be given the first choice of accrued vacation dates; the next senior fire
fighter in the Fire Department, the second choice; and the like for succeeding conflicts,
if any.
Section 5. If, in the discretion of the City Manager, an emergency exists, a fire
fighter may be granted the equivalent in money, of vacation leave which such fire fighter
is entitled for that year.
Section 6. At the termination of service with the Fire Department, for any reason,
of any fire fighter covered by this Agreement said fire fighter shall receive compensation
IAFF 2015-2017 Contract — Page 24
in full at his regular rate of pay for all accumulated vacation allowance due him at the
termination of his service, in addition to all accumulated sick leave to which he is
entitled according to Article 28. Upon the death of a fire fighter covered by this
Agreement, the cash benefits attributable to fire fighter's accumulated vacation
allowance, and all accumulated sick leave to which he is entitled according to Article 28,
shall be paid to the fire fighter's surviving spouse, or if there be no surviving spouse
then to the fire fighter's surviving child or children, or if there be no surviving child or
children, then to the fire fighter's estate.
Section 7. A fire fighter may accrue up to one year of annual vacation. If the fire
fighter desires he may put all or part of his accrued vacation in bank up to twice his
annual vacation. Banked vacation may be taken at a later date in accord with the
following procedure:
(a) Requests shall be made in writing within the thirty (30) day period prior to
the shift desired.
(b) Requests shall be considered on a first come first serve basis unless two
or more requests are received during the same 24 hour (7:00 a.m. - 7:00 a.m.) period
when the senior fire fighter shall have priority in this case.
(c) Confirmation by the Chief of the shift requested shall be no less than two
(2) shifts before the shift desired.
(d) Seven fire fighters shall be allowed off for vacation, personal days or comp
time per shift. Additional fire fighters allowed off, if any, shall be at the sole discretion of
the Chief. All requests to take vacation or personal days shall have precedence over
any request to use comp time, provided that if comp time is denied, the firefighter shall
be entitled to be paid for such time.
(e) If approved, compensatory time off shall be used in increments of no less
than four (4) hours at a time.
IAFF 2015-2017 Contract — Page 25
ARTICLE 21. APPENDICES AND AMENDMENTS.
All appendices and amendments to this Agreement shall be numbered, dated
and signed by both responsible parties and shall be subject to all provisions of this
Agreement.
IAFF 2015-2017 Contract — Page 26
ARTICLE 22. CLOTHING ALLOWANCE.
Section 1. Except for shoes, socks, belts, underwear and sleeping apparel, the
City shall furnish all uniforms, protective clothing and protective devices required by the
City in the performance of the duties of the fire fighters. Each fire fighter shall wear
approved and appropriate sleeping apparel as required by such departmental regulation
or order.
(a) On or before April 1 of each year of this agreement, the City shall
provide all fire fighters the following uniform items:
• Three (3) t -shirts
• Three (3) pairs of pants
• One (1) job shirt
(b) Upon hiring, the City shall provide the following uniform items:
• One (1) uniform coat
• Two (2) dress shirts
Section 2. A joint labor/management uniform committee (the "Uniform
Committee") will meet periodically to review the uniforms, protective clothing and
protective devices provided and may recommend alternatives or changes in specific
items during the term of this agreement. The City retains the right to approve or not
approve the recommendation. The City shall not, however, reduce the fire safety
standards of the uniforms, protective clothing and protective devices provided by the
City as of August 1, 2012.
Section 3. The City will be responsible for the replacement and repair of all
uniforms, protective clothing and protective devices provided by City unless the item is
lost or damaged due to the fire fighter's neglect. If a fire fighter loses or damages an
item through neglect, he/she will be required to purchase a replacement item from the
City. The City has the authority to determine if and when a replacement of any item of
uniform, protective clothing or protective gear is required. With respect to any required
replacement, the City shall replace and/or repair such item in a reasonable period of
time after receipt of written request from the fire fighter. The City will make a good faith
effort to replace uniform items within thirty (30) days of receipt of a written request and
will make good faith efforts to replace protective clothing and protective devices within
ninety (90) days of receipt of a written request. During any period a fire fighter is waiting
for replacement of protective clothing or a protective device, the City shall provide the
fire fighter with an adequate temporary protective clothing or protective device.
Section 4. A fire fighter leaving the service of the City whether through
resignation, retirement, layoff or discharge, is responsible for returning any City property
including uniforms, protective clothing or protective gear provided by City. Failure to
return City property may result in the delay in issuance of the fire fighter's final check
and deduction may be made for the value of the property not returned.
IAFF 2015-2017 Contract — Page 27
Section 5. The City shall pay each fire fighter $180.00 per year for the
maintenance of the uniforms, on or before the last business day in the month of January
in each year of this agreement. Payment may be issued as part of the regular payroll
check or by separate check at the discretion of the City.
IAFF 2015-2017 Contract — Page 28
ARTICLE 23. WORK SCHEDULES.
Section 1. Group B fire fighters shall work a work schedule consisting of twenty-
four (24) hour shifts for an average work week of fifty-six (56) hours. This will be
implemented by the use of a three (3) platoon system with each fire fighter working one
(1) twenty-four (24) hour shift followed by two (2) days off. A twenty-four (24) hour shift
for all fire fighters except Assistant Fire Chiefs shall be from 7:00 a.m. to 7:00 a.m. with
a relief period of 30 minutes prior to shift change, when properly relieved after 6:30 a.m.
The twenty-four (24) hour shift for Assistant Fire Chiefs shall be from 6 a.m. to 6 a.m.
with a relief period of 30 minutes prior to shift change, when properly relieved after 5:30
a.m.
Section 2. Group A fire fighters shall work their regularly scheduled hours
between Monday and Friday between the hours of 7:00 a.m. and 5:00 p.m. The Chief
shall have the discretion to determine at what time within these hours the work day shall
commence.
Section 3. The Fire Chief may implement a flex time program for Group A fire
fighters if he desires. The Chief retains the right to return Group A fire fighters to normal
schedule at any time. Flex time hours shall be between 7 a.m. and 7 p.m.
Section 4. In the event of an emergency the Fire Chief shall have the authority to
assign work schedules as he/she deems necessary.
IAFF 2015-2017 Contract — Page 29
ARTICLE 24. FAMILY MEDICAL COVERAGE.
Section 1. Commencing January 1, 2006 the City shall contribute for each fire
fighter 95% of the full cost of an individual plan and 78% of the full cost of a single plus
spouse, single plus child or children or family plan; provided that if the employee elects
coverage under a PPO or indemnity option, the City's contribution to payment for such
PPO or indemnity option shall be in the same dollar amount as if the employee had
elected coverage under the HMO option at the same tier level. The Union and City will
meet and confer in the determination of hospital and medical benefits to be provided
under such health care plan; provided however, if the Union and City are unable to
mutually agree as to the benefits to be provided under such health care plan, the City
reserves the right to determine and select such benefits as well as the insurance
company or other provider of health care benefits for such plan; provided further that
such benefits will be comparable to those described herein. However, if an employee
lives outside the service area of such plan, the City reserves the right to pay to such
individual the City's contribution under the plan.
Section 2. The City shall contribute for each firefighter $25.00 of the full cost of
an individual dental plan and $25.00 of the full cost of a family dental plan. The City
shall also provide for a $10,000 Life insurance plan for all firefighters. The dental plan
should be the same or similar to the plans of general service employees.
IAFF 2015-2017 Contract — Page 30
ARTICLE 25. GRIEVANCE PROCEDURE.
Section 1. A grievance is a claim that the City has violated an express provision
of this Agreement. Any fire fighter or group of fire fighters may discuss any matter with
their supervisor without invoking the formal grievance procedure provided for in the
Article.
Section 2. A grievance must be initiated by either an aggrieved fire fighter or by
Local No. 3 on behalf of any one or more individual fire fighters. The grievant must
reduce the grievance to writing and present the written grievance to the Chief of the Fire
Department within ten (10) days after the grievant knew or should have known the facts
which gave rise to the grievance.
Section 3. The Chief of the Fire Department shall meet with the grievant and, if
the grievant is an individual, representatives of Local No. 3 in an effort to resolve the
grievance within 10 calendar days after being presented with the written grievance. The
Fire Chief shall respond to the grievance within seven (7) days following the meeting
with the grievant and/or representatives of Local No. 3.
Section 4. If the grievant is not satisfied with the answer of the Chief of the Fire
Department, the grievance committee of the Union may appeal the grievance to the City
Manager within 10 days of receipt of the written answer of the Chief of the Fire
Department. Within 10 days after receipt of the appeal, the City Manager shall meet
with the grievant and if the grievant is an individual, with representatives of Local No. 3
to discuss the grievance. Within 5 days after this meeting, the City Manager shall give
the Union grievance committee his answer in writing.
Section 5. If the Union grievance committee is not satisfied with the answer of
the City Manager, a Union officer must give written notice of intent to arbitrate to the
corporate authorities of the City within fourteen (14) days after receipt of the City
Manager's answer. Representatives of the corporate authorities and of the Union shall
attempt to agree upon an arbitrator within seven (7) days of submission of the written
notice of intent to arbitrate. In the event the parties are unable to agree upon an
arbitrator within the time limit, either party or its representative may request the Federal
Mediation and Conciliation Service to furnish a panel of seven arbitrators. The parties
shall alternately strike from this panel until only one name remains. The remaining name
shall be the arbitrator. The arbitrator shall render a decision which is final and binding
upon the parties within thirty (30) calendar days after hearing the grievance.
Section 6. The fees and costs of the arbitrator shall be shared equally by the
Union and the City. Each party shall pay its own costs and expenses of the arbitration.
Section 7. The findings and decision of the arbitrator shall be consistent with
applicable Colorado law and with the expressed terms of this Agreement. The arbitrator
shall have no power or authority to add to, subtract from, disregard, alter or modify any
of the terms of this Agreement.
Section 8. Failure of a fire fighter or Union to initiate a grievance or file written
IAFF 2015-2017 Contract — Page 31
appeal or demand for arbitration within the time limits specified in this Article shall
constitute an irrevocable waiver of the right to file or pursue such grievance. The City
and the Union may mutually waive any time limitation contained herein. The parties
recognize that such waivers are contrary to the spirit of the grievance procedure and
shall be invoked only for substantial reasons. Failure of the Fire Chief or City Manager
to timely file his answer to any grievance shall be deemed to be a denial thereof.
However, in all events, the Fire Chief or City Manager must file a written answer to any
such grievance.
Section 9. Notice under this Article shall be given by personal delivery, if to:
(a) the Union, the president or any member of the Union's adjustment
committee; or
(b) the City, the Fire Chief or City Manager or their respective administrative
staff.
Union shall give notice to the City, in writing, of Union's current president and all
current members of Union's adjustment committee, and Union shall promptly notify the
City in writing of any changes thereto.
IAFF 2015-2017 Contract — Page 32
ARTICLE 26. DISABILITY PAYMENTS --FIRE DEPARTMENT PERSONNEL.
Section 1. In any case where a fire fighter shall become mentally or physically
disabled while not on active duty during regularly assigned hours of duty, and from any
cause not self-inflicted or due to the habitual use of intoxicants or drugs, to an extent
whereby he is unable to perform his regular Fire Department duties, he shall be paid by
the City of Pueblo from funds available within the Fire Department's annual
appropriation starting immediately after the expiration of paid sick leave benefits and
accrued vacation leave as provided by Article 28 and 20 of this Agreement, and for the
remaining period of such disability, not to exceed one (1) calendar year from the date of
such disability, a monthly benefit equal to two and one-half percent (2 Y2%) of the
amount of his monthly salary as of the date of his disability; multiplied by the number of
years he has been in active service with the Fire Department; but any such benefits
under this provisions shall not exceed one-half of his monthly salary as of the date of his
disability.
Section 2. For the purpose of determining the physical or mental disability of any
such member, the Firemen's Pension Fund Board established by Section 2-2-1 of the
Code of Ordinances of the City of Pueblo shall have jurisdiction. The Board may
personally examine the member and shall appoint one or more physicians or surgeons
to make an examination of the member and report their findings to the Board, which
report shall be taken into consideration in determining whether the member is physically
or mentally disabled.
Section 3. In the event the State Legislature enacts a statute removing the 12
month waiting period from C.R.S. 1973, 31-30-407 (1)(F)(1) the provisions of this section
shall automatically terminate.
IAFF 2015-2017 Contract — Page 33
ARTICLE 27. SAVINGS CLAUSE.
The provisions of this agreement are severable and the legal invalidity of any
provision or provisions shall not affect or invalidate other provisions. However, if any
provision of this Agreement should be declared invalid by any court of competent
jurisdiction, then the parties to this Agreement shall meet within fifteen (15) days from
the date they learn of such declaration and negotiate in good faith for the purpose of
agreeing upon a lawful provision which would accomplish the intent of the parties as
expressed by the provision declared invalid.
IAFF 2015-2017 Contract — Page 34
ARTICLE 28. SICK LEAVE.
Section 1. Group B fire fighters shall be allowed 17/24 of a working shift of sick
leave for each month of service from the first day of employment. Unused sick leave
shall be accumulated to a maximum accrual of 84 working shifts. Group B fire fighters
hired on or after January 1, 1996, shall be allowed 12/24 of a working shift of sick leave
for each month of service from the first day of employment. Unused sick leave shall be
accumulated to a maximum accrual of 84 working shifts. Effective January 1, 2004, the
maximum sick leave accrual for Group B fire fighters shall be reduced from 84 shifts to
74 shifts, and departmental records shall be adjusted to reflect this reduction.
Section 2. Group A fire fighters shall be allowed one and one-half working days
of sick leave for each month of service from the first day of employment. Unused sick
leave shall be accumulated to a maximum accrual of 200 working shifts. Group A fire
fighters hired on or after January 1, 1996, shall be allowed one working day of sick
leave for each month of service from the first day of employment. Unused sick leave
shall be accumulated to a maximum accrual of 200 working shifts. Effective January 1,
2004, the maximum sick leave accrual for Group A fire fighters shall be reduced from
200 days to 180 days; and departmental records shall be adjusted to reflect this
reduction.
Section 3. Fire fighters shall be allowed to use accrued and unused paid sick
leave for a maximum of one (1) shift for all Group B fire fighters and three (3) days for
all Group A fire fighters in each consecutive twelve (12) months for a life threatening
illness or illness requiring hospitalization of the employee's spouse or child, subject to
verification thereof.
Section 4. Upon separation due to retirement or death, a Group A fire fighter
hired prior to January 1, 1996, shall be paid at his regular rate of pay for all accumulated
sick leave, but not to exceed 120 days; a Group B fire fighter hired prior to January 1,
1996, shall be paid at his regular rate of pay for accumulated sick leave, but not to
exceed 56 working shifts.
Section 5. In the event of death, such sum shall be paid to the surviving spouse
of such fire fighter. In the event there shall be no surviving spouse, then such sum shall
be paid to the Estate of such fire fighter.
Section 6. Separation benefits shall be paid immediately upon the effective date
of separation.
Section 7. Group A fire fighters hired on or after January 1, 1996, shall not be
reimbursed for unused sick leave upon separation. These fire fighters will have the
option to receive compensation for ten (10) days of sick leave each year at one-half (Y2)
pay. However, before a Group A fire fighter may exercise this option, he must have a
minimum of twenty-four (24) days of unused accrued sick leave to his credit, and his
accrual may not be reduced to less than twenty-four (24) days by the exercise of this
option. Group B fire fighters hired on or after January 1, 1996, shall not be reimbursed
for unused sick leave upon separation. These fire fighters will have the option to
IAFF 2015-2017 Contract — Page 35
receive compensation for 112 hours of sick leave each year at one-half ('/2) pay.
However, before a Group B fire fighter may exercise this option, he must have a
minimum of 288 hours of unused accrued sick leave to his credit, and his accrual may
not be reduced to less than 288 hours by the exercise of this option.
Section 8. All fire fighters hired prior to January 1, 1996, shall have the option of
electing the new plan, however, they must waive all benefits under Section 4, Section 5,
and Section 9 of this Article. Once this election is made, the fire fighter may not return
to the old plan. This election to enter the new plan must be made prior to January 1,
1996. Group A fire fighters who opt into the new plan shall be allowed one working day
of sick leave for each month of service. Group B fire fighters who opt into the new plan
shall be allowed 12/24 of a working shift of sick leave for each month of service.
Section 9. Group A fire fighters hired prior to January 1, 1996, who have not
elected the new plan, and who have at least 15 years of service and 120 days of
accrued, unused sick leave to their credit, may annually sell back up to 10 days of sick
leave for 'h pay. The number of sick leave days sold back to the City shall be deducted
from the fire fighter's accrual, but his accrual will be increased by future sick leave
accrued but unused, to the maximum of 200 days. The amount of days available for
buy-back under Section 4 of this article shall be permanently reduced by one-half of the
days sold back to the City. Group B fire fighters hired prior to January 1, 1996, who
have not elected the new plan, and who have at least 15 years of service and 40 shifts
of accrued, unused sick leave to their credit, may annually sell back up to 4 shifts of sick
leave for'/2 pay. The number of sick leave shifts sold back to the City shall be deducted
from the fire fighter's accrual, but his accrual will be increased by future sick leave
accrued but unused, to the maximum of 84 shifts. The amount of shifts available for
buy-back under Section 4 of this Article shall be permanently reduced by one-half of the
shifts sold back to the City. Effective January 1, 2004, the maximum sick leave accrual
for Group A fire fighters shall be reduced from 200 days to 180 days; and the maximum
sick leave accrual for Group B fire fighters shall be reduced from 84 shifts to 74 shifts,
and departmental records shall be adjusted to reflect this reduction.
Section 10. All Group B fire fighters shall be allowed two working shifts sick
leave without a doctor's slip, after which any additional shifts taken as sick leave will
require a treating physician's certificate or other reasonable evidence of illness or injury.
Employees who fail to provide required documentation may be subject to discipline.
Section 11. All Group A fire fighters will be allowed three working shifts sick
leave without a doctor's slip, after which any additional shifts taken as sick leave will
require a treating physician's certificate or other reasonable evidence of illness or injury.
Employees who fail to provide required documentation may be subject to discipline.
Section 12. Sick leave benefits shall be paid for actual illness or disability.
Section 13. A physician's statement certifying the absence from work was
required because of illness or disability or other reasonable evidence of illness or
disability may also be required whenever any fire fighter requests sick leave for his last
scheduled work shift before a vacation or holiday leave, or for his first regularly
[AFF 2015-2017 Contract — Page 36
scheduled work shift after a vacation or holiday leave.
Section 14. City may make reasonable contact with a fire fighter on sick leave to
verify that his absence from work was required because of actual illness or disability
which renders him unable to perform his duties. Reasonable contact shall not exceed
two contacts during each working shift of sick leave taken without a treating physician's
certificate.
Section 15. All Group A or B fire fighters using sick leave on three separate
occurrences within any twelve month period without a treating physician's certificate or
other reasonable evidence of illness or injury shall be presumed to constitute an abuse
of sick leave unless the fire fighter establishes that he was actually ill or disabled and
unable to perform his duties.
Section 16. If a fire fighter is on sick leave for three (3) or more consecutive
working shifts, the Fire Chief may require the fire fighter to return to work to perform
light duty unless the fire fighter's treating physician certifies that the fire fighter is unable
to perform light duty.
Section 17. If a fire fighter is on sick leave validly taken, the Fire Chief shall not,
except in any emergency declared by the City Manager, call the fire fighter back to light
duty before his next regularly scheduled working shift.
Section 18. If an employee has been scheduled for vacation or personal days,
this time shall not be converted to sick leave except in the event of the employee's
hospitalization or if fire fighter would be unable to perform light duty or modified duty
with confirmation by the treating physician. Such verification of injury or illness must be
provided to the Fire Chief or Acting Fire Chief as soon as possible. If employee is out of
town, he/she must notify the Fire Chief or Acting Fire Chief within 24 hours of injury or
sickness and notify the Fire Chief or Acting Fire Chief of the injury or sickness and
his/her intent to have time converted to sick leave. If the affected fire fighter fails to
follow appropriate notification procedures as outline in this Article, the time will not be
converted.
IAFF 2015-2017 Contract — Page 37
ARTICLE 29. UNION ACTIVITY.
Section 1. Neither the Union, nor its officers, agents, representatives, or
members will intimidate, interfere with, or coerce fire fighters. No union activity or union
business of any kind will be carried on during working hours without express permission
in advance from the Fire Chief. All requests for leave from duty for any union business
shall be in writing and shall specify name, date, time, location and purpose of the leave.
Violation of this Section 1 of this Article 29 by any fire fighter shall be just cause for
disciplinary action, pursuant to Chapter 10, Title VI of the 1971 Code of Ordinances.
Failure of the City to enforce any of the provisions of this Section 1 of this Article 29 in
any one or more instances shall not be construed a waiver of any of the provisions of
this Section 1 of this Article 29.
Section 2. No fire fighter shall be discharged, disciplined or discriminated against
because of activity on behalf of the Union which does not interfere with the discharge of
his duties or any assignments, or violate any of the provisions of this agreement, City
ordinances, statutes, rules or regulations of the department.
Section 3. The Union shall have the right to post on the bulletin boards
designated by the Fire Chief, within all respective fire stations and fire offices, notices of
union meetings, union recreational and social affairs, notices of union elections, and
appointments and results of union elections, all of which pertain to the Pueblo Fire
Department. No other postings will be allowed.
Section 4. When approved by the Fire Chief, two of the principal officers of the
union shall be granted leave from duty with full pay for conducting necessary Union
business. When approved by the Fire Chief, during and for a reasonable time before
bargaining with City representatives for a successor collective bargaining agreement the
Union Bargaining Committee (not to exceed five persons) shall be granted leave from
duty with full pay to conduct negotiations and deliberations. No such leave or
permissions shall be granted for lobbying activities in any legislative forum on paid time.
The Union shall endeavor to conduct all necessary Union business during the non-
working time of the greatest number of fire fighters required for such business, to the
greatest extent possible. Said approval shall be granted by the Chief when said leave
would not disrupt or interfere with the service of the department.
Section 5. Requests for union business leave shall be made at least two shifts
before the beginning of the shift during which union business leave is requested
whenever possible. The aggregate maximum amount of time which may be taken as
fully paid leave to conduct union business under this contract shall not exceed three
hundred sixty (360) hours per year, not counting leave for arbitration hearings,
grievance hearings or negotiation meetings for a new collective bargaining agreement.
Any union business leave in excess of 15 shifts or 360 hours per year shall be charged
as vacation leave or taken as unpaid leave.
IAFF 2015-2017 Contract — Page 38
ARTICLE 30. INJURY LEAVE.
Section 1. Each fire fighter covered by this Agreement who is injured while in the
performance of his duties inside or outside the City limits shall be paid injury leave in a
sum equal to the fire fighter's full salary for the period of disability not to exceed one (1)
calendar year from the date of injury.
Section 2. Injury leave benefits as set forth herein are maximum benefits for
each injury. Fire fighters on injury leave shall be granted all benefits provided other fire
fighters covered by this Agreement the same as if they were in active service of the
City.
Section 3. Workers' Compensation temporary disability benefits paid to a fire
fighter for the same period of time he receives injury leave benefits hereunder shall be
reimbursed to the City, provided that no amount shall be reimbursed until such time as
the temporary disability benefits are actually paid. In the event a fire fighter receives
temporary disability benefits for the period he received injury leave benefits, he shall
endorse to the City the check received by him for the purpose of paying such benefits.
Receipt of injury leave benefits hereunder by a fire fighter shall operate as and be a
partial assignment to the City of said fire fighter's interest in and to any cause of action
against a third party as defined in C.R.S. 1973, 8-52-100 et. seg., as amended, to the
extent of injury leave benefits paid or payable hereunder by the City to said fire fighter.
During such time as he is receiving injury leave benefits hereunder and for a period of
60 days from and after the receipt of the final payment thereof, said fire fighter shall
have an exclusive right to engage the services of an attorney-at-law to settle or to
otherwise dispute of said cause of action which shall not be settled or otherwise
disposed of without the written consent of the City. If said fire fighter engages the
services of an attorney as aforesaid, the City shall not be liable for costs or attorney
fees in connection therewith; however, in lieu thereof, the City agrees to limit its pro rata
share of any recovery so affected to 75% of injury leave benefits paid or payable to the
fire fighter hereunder. If said fire fighter fails to engage the services of an attorney, as
aforesaid, the City may take such action as it deems advisable for the recovery of 100%
of all injury benefits paid to said fire fighter, and said fire fighter will cooperate with the
City in such action as it may take and furnish any and all papers and information in his
possession deemed by the City to be necessary in connection therewith.
Section 4. No sick leave, injury leave or temporary disability leave benefits shall
be payable to any fire fighter injured while in the employ of an employer other than the
City of Pueblo, or while self-employed.
Section 5. Employees on injury leave are subject to light or modified duty as
defined.
IAFF 2015-2017 Contract — Page 39
ARTICLE 31. SPECIAL LEAVE.
Section 1. In addition to leaves authorized above, the Fire Chief may authorize a
fire fighter to be absent without pay for personal reasons for a period or periods not to
exceed ten (10) working days in any calendar year.
Section 2. The City Manager may authorize special leaves of absence with or
without pay for any period or periods not to exceed six (6) calendar months in any one
calendar year for the following purposes: attendance at college, university, or business
school for the purpose of training in subjects related to the work of the employee and
which will benefit the employee and the City service; urgent personal business requiring
employee's attention for an extended period such as settling estates, liquidating a
business, serving on a jury and attending court as a witness, and for purposes other
than above that are deemed beneficial to the City service.
Section 3. The City Manager may authorize special leaves of absence without
pay for any of the purposes set out in the preceding subparagraph for any reasonable
length of time.
Section 4. The City Council may grant leaves of absence with or without pay in
excess of the limitations above for the purposes of extended courses of training at a
recognized university or college and for other purposes that are deemed beneficial to
the City service.
Section 5. The parties understand that they are subject to the Family and
Medical Leave Act of 1993, and that all applicable provisions of the FMLA are
controlling over any provisions of this agreement in conflict therewith.
IAFF 2015-2017 Contract — Page 40
ARTICLE 32. ABSENCE WITHOUT LEAVE.
Section 1. Any fire fighter who finds it necessary to be absent from duty due to
emergency shall report the reasons therefore to his supervisor or department at least
one hour before working time, on the first day of such absence. If this is not possible,
the fire fighter shall report to his supervisor or department at the earliest possible time
and shall state the reasons for his failure to report at least one hour before working time.
Failure of a fire fighter to so report may be grounds for disciplinary action.
Section 2. All unauthorized absences without leave shall be grounds for
disciplinary action. Reduction of pay shall be made for all periods of unauthorized
absences.
Section 3. Any unauthorized absence of six or more consecutive working shifts
of a Group A fire fighter, or of three or more consecutive working shifts of a Group B fire
fighter, shall be deemed to be and shall constitute a resignation from employment by
the fire fighter.
IAFF 2015-2017 Contract — Page 41
ARTICLE 33. STATION TRANSFERS.
When an opening occurs in a fire station, due to either promotion, demotion,
separation from City service, or the creation of a new position, fire fighters shall be
notified by email from the Fire Chief before the opening is filled. Such memo shall be
posted in each station for at least one business week (7 calendar days). Such opening
shall be filled by the senior qualified fire fighter in the class applying for that position in
writing during the time of posting of the email. The Chief shall retain the right to transfer
fire fighters when an opening as described above is not involved, provided that such
transfers shall not be arbitrary or capricious.
IAFF 2015-2017 Contract — Page 42
ARTICLE 34. LONGEVITY COMPENSATION DURING LEAVE.
Section 1. Longevity compensation as stated above shall be paid to a fire fighter
while on authorized leave with pay. Such longevity compensation shall not be paid to a
fire fighter for any month during which such fire fighter shall be absent on leave without
pay for more than one-half of the working time prescribed for that fire fighter's class.
Section 2. Periods of time during which a fire fighter is off work due to lay-off or
reduction in force and is on valid reinstatement list shall not constitute a break in
continuity of service; provided, however, such periods of time shall not be accrued as a
part of the actual continuous service necessary to qualify for longevity compensation.
Section 3. Absence without leave shall forfeit all longevity pay for the month in
which such absence occurs. For purposes of this section, periods of authorized leave
without pay shall not accrue as part of the actual continuous service necessary to
qualify for longevity compensation.
IAFF 2015-2017 Contract — Page 43
ARTICLE 35. ORDER OF REDUCTION.
Section 1. A reduction of the number of fire fighter positions in any class shall be
made in the following order: part-time, probationary, permanent.
Section 2. Probationary and permanent fire fighters shall be laid off on the basis
of service in the class being reduced, computed in accordance with Civil Service Rule
37, the fire fighter with the least service being laid off first.
IAFF 2015-2017 Contract — Page 44
ARTICLE 36. ENTRANCE SALARY RATES.
Section 1. Original appointment to any position shall be made at the entrance
rate and advancement from the entrance rate within a pay grade shall be by successive
steps. If a fire fighter is promoted to a higher rank with a lower entrance rate than his
rate prior to promotion, his pay rate shall be the lowest rate in the new position which
results in at least a 3% increase unless it's the top step.
Section 2. At the completion of the first year of service, a fire fighter shall
automatically advance to the next higher rate in the appropriate pay grade, provided his
service has been determined by the Fire Chief to be satisfactory. Subsequently, the fire
fighter shall be automatically advanced to the next higher rate, if any, at the conclusion
of each succeeding year of satisfactory service in his class until he has reached the
maximum rate of the salary schedule for that class.
Section 3. At the conclusion of a satisfactory one (1) year probation period, the
Fire Chief shall certify that the probationary period has been successfully completed.
Section 4. When a fire fighter is assigned to duty in a position not previously held
by him and such change is not in the nature of a promotion or a demotion, the fire
fighter shall receive the rate of .pay in the salary schedule established for such position
that will provide at least the same rate of pay he was receiving in his former position.
Section 5. If, in the opinion of the Fire Chief, the work of a fire fighter has not
been satisfactory during the year prior to his eligibility for salary advancement, he shall
give a statement to the City Manager and Personnel Director showing reason or
reasons why the fire fighter's work has not been satisfactory. A copy of this statement
shall be furnished the fire fighter concerned and the Fire Chief shall discuss with the fire
fighter the reason(s) for his not receiving the pay increases. Any fire fighter or the Union
shall have the right to the consideration of any request for adjustment in the event that
the Fire Chief states that the fire fighter's work in the preceding year has not been
satisfactory for salary advancement. In such case, the fire fighter or Union may submit
the matter to the grievance procedure of Article 25. A fire fighter who has been denied
a pay increase due to unsatisfactory work shall be granted such increase at such time
as the Fire Chief determines that his performance has sufficiently improved to justify the
ITiIeli-4--61a
Section 6. In the event that the fire fighter did not receive the advancement in
salary due him under the provisions of the Article, and it is subsequently determined, in
the manner prescribed above, that the fire fighter was entitled to this advancement in
salary shall be paid to the fire fighter from the date on which he was originally entitled to
said advancement in salary.
IAFF 2015-2017 Contract — Page 45
ARTICLE 37. APPOINTMENT PROBATIONARY.
All entrance appointments shall be probationary for a period of one year. All
promotional appointments shall be probationary for a period of six months, provided
that, any fire fighter who previously served in the position in the higher class to which he
was promoted, may be credited toward completion of his probationary period with such
temporary service not to exceed one hundred and fifty (150) days with the approval of
the Fire Chief.
All promotional appointments shall be to the entry level of the higher class which
results in at least a 3% increase unless it's the top step.
IAFF 2015-2017 Contract — Page 46
ARTICLE 38. LIGHT DUTY AND LIMITED DUTY ASSIGNMENT.
Section 1. Light duty or modified duty shall mean the temporary assignment of a
fire fighter to work with medical restriction of duty in the fire department during any
period in which the fire fighter would otherwise be eligible for injury leave benefits. Such
assignments shall be referred to within this Article as "Light Duty". Light Duty
assignments are limited to a maximum of six (6) months; provided, however, the City
may extend the Light Duty assignment until the fire fighter reaches maximum medical
improvement as determined by the City's designated physician.
Section 2. The salary of a fire fighter on Light Duty shall be at least equal to the
salary at which he was employed at the time of his injury or illness.
Section 3. During his period of temporary disability, a fire fighter shall be entitled
to pay pension contributions and shall continue to receive health -medical plan benefits,
and accrue credits for sick leave and vacation leave.
Section 4. Upon presentation of a doctor's certificate stating that the fire fighter is
physically capable of performing all the duties of the position in which he was working at
the time of his injury or illness he shall be returned to full duty in that class. If the Fire
Chief determines that the work of the fire fighter upon return to work is not satisfactory,
the Fire Chief may cause the fire fighter to be re-examined to determine his ability to
perform.
Section 5. Any fire fighter who refuses to cooperate in the placement program, by
failure to accept or continue in the Light Duty assignment, shall, as of any such refusal
be disciplined.
Section 6. Limited duty shall mean a temporary assignment of a fire fighter to
work in the fire department with temporary medical restrictions of duty which restrictions
are occasioned by a non -duty related injury. Limited duty assignments shall be subject
to the following limitations and requirements:
(a) The Fire Chief or his designee shall decide on a case-by-case
basis if there are limited duty assignments available that fall within the restrictions
that the fire fighter has been placed under by his/her physician. The distribution
of limited duty assignments, removal from a limited duty assignment and/or
refusal to establish a limited duty assignment is solely the decision of the Fire
Chief. Requests for limited duty assignments shall not be unreasonably denied;
provided, however, denial of a request for a limited duty assignment which would
result in more than a total of four (4) limited duty and Light Duty assignments
shall be presumed reasonable, and such decision shall not be subject to the
grievance procedure.
(b) To be considered for a limited duty assignment, a fire fighter must
be excused from duty for a period of at least thirty (30) days based upon the
medical restrictions. Tf available, priority among limited duty assignments shall
IAFF 2015-2017 Contract — Page 47
be given to that fire fighter with the least amount of accrued leave. In addition,
the following requirements with respect to use of accrued leave shall be
applicable: (1) A Group 6 fire fighter must first use ten (10) shifts of sick leave or
other forms of accrued leave before requesting a limited duty assignment.; and
(2) A Group A fire fighter must first use twenty-one (21) shifts of sick leave or
other forms of accrued leave before requesting a limited duty assignment.
(c) No fire fighter who is injured in the commission of a criminal offense
or during any secondary employment shall be eligible for a limited duty
assignment with respect to such injury; nor shall any fire fighter be permitted to
work any secondary employment while on limited duty assignment.
(d) Except as provided herein, a limited duty assignment shall not
exceed three (3) months. The limited duty assignment will be accompanied by
an expectation meeting with the Fire Chief. Daily assignments will be assigned
and will be completed in a timely manner. If at the discretion of the Fire Chief
these expectations are not being met by the fire fighter, the limited duty
assignment will be terminated.
(e) The City may require fire fighters to be examined by the City's
designated health-care provider in order to obtain verifications, seek clarification
or additional information, confirm the ability to perform limited duty assignment or
provide a second opinion.
(f) It is the fire fighter's responsibility to ensure that any relevant
medical information required by the City related to the injury (or injuries)
underlying a limited duty assignment is provided promptly upon request,
including follow-up information, satisfactory clarification and updates.
(g) Light Duty assignments for work-related illnesses and injuries shall
take precedence over limited duty assignments for non -duty related injuries. A
fire fighter who is working in a limited duty assignment because of non -duty
related injury may be displaced from that limited duty assignment if the City
needs to place another fire fighter into a Light Duty assignment.
(h) A fire fighter who is on limited duty shall immediately notify the
Department when the fire fighter is available for normal duty and shall give the
Department a physician's statement indicating that the fire fighter may return to
normal duty.
(i) While on limited duty assignment the fire fighter may request leave
through the Deputy Chief. This leave will be converted to a 40 hour work week
based on a conversion factor of 1.4. This would include any use of sick leave,
vacation leave or personal holiday time.
Section 7. Fire fighters assigned a Light Duty or limited duty assignment shall
work Group A work schedule.
IAFF 2015-2017 Contract — Page 48
ARTICLE 39. ABOLITION OF POSITION.
Any fire fighter with civil service status in an abolished position shall, with the
approval of the City Manager, be:
(a) transferred, if a vacancy exists in another position in the same class, or
(b) promoted, if a vacancy exists in a position in another class for which the
fire fighter is eligible, or
(c) laid off and placed on a reinstatement list for the class for which he is
qualified, or
(d) demoted, or
(e) allowed to replace another fire fighter in accordance with Article 50.
IAFF 2015-2017 Contract — Page 49
ARTICLE 40. REINSTATEMENT AND REEMPLOYMENT.
Section 1. When a fire fighter is reinstated in a position in the same class after a
separation from the Department of not more than four years, which separation occurred
through no fault of the fire fighter and not due to discreditable circumstances, such fire
fighter shall receive the rate in the salary schedule corresponding to the step rate
received at the time of separation and shall subsequently serve thereat for at least such
period as is normally required for advancement to the next higher salary rate. Any fire
fighter who is drafted or who leaves the City service to enter the active service of the
armed forces of the United States and who is subsequently reinstated to a position
previously held by him shall be entitled to receive a salary at the step rate to which he
would have been entitled had his service with the City not been interrupted by entry into
the armed forces. Any non -required reenlistment shall automatically terminate the
provisions of this Article for any such fire fighter.
Section 2. Whenever a former fire fighter is reemployed in the same class after a
voluntary separation from the City service of not more than two years, which separation
was not by action of the City or due to discreditable circumstances, such fire fighter
may, with the approval of the City Manager, receive the rate in the salary schedule
corresponding to the step rate received at the time of separation and shall subsequently
serve thereat for at least such period as is normally required for advancement to the
next higher step or salary rate.
IAFF 2015-2017 Contract — Page 50
ARTICLE 41. APPOINTMENT TO VACANCY.
When the City fills a vacancy in the Fire Department the following priorities shall
apply in the order listed:
1. Reinstatement list - Consisting of fire fighters separated from a position in
that class due to layoff or other cause not the fault of the fire fighter. Fire fighters shall
be reinstated to the class in the reverse order of layoff from that class including fire
fighters placed on reinstatement lists in accordance with Article 40.
2. The City may then select from any of the following:
a. Reemployment List - Fire fighters previously separated at their
volition, in good standing.
b. Voluntary Demotion.
C. If a position is not filled through reinstatement, demotion, or re-
employment the City shall fill the position from a civil service eligible list in the following
iiY1iliNf
(a) The Director shall forward a copy of the appropriate class
specification to the Civil Service Commission, with a request for certification of the
names of the three highest ranking persons on the appropriate eligible list. If any
person with a given numerical rating is certified from an eligible list, then any or all other
persons with that identical rating shall also be certified and may be appointed under this
Section consistent with and pursuant to Civil Service Rule 28.
(b) The Director may also request from the Commission further
information relating to the persons certified and to their application, examination or
certification process.
(c) If any person so certified fails to accept appointment to the
position, that person shall be removed from the list and the name of the person next
highest on the appropriate eligible list shall be certified. The Civil Service Commission
may retain on the eligible list the name of a person who refuses an appointment only
upon that person's request and for just cause. The Director may request removal from
the list of the name of a person who does not qualify for or meet a requirement of the
position. The Civil Service Commission shall grant such request and certify the name of
the next highest ranking eligible on the list, if the person so removed does not actually
qualify or meet requirements.
(d) If more than one vacancy is to be filled from an eligible list,
the Director may request certification of an additional name for the second and each
subsequent vacancy.
(e) If less than three names appear or remain on the eligible list,
the City Manager may either request that the Commission establish a new eligible list,
IAFF 2015-2017 Contract — Page 51
or may accept a certification of less than three names.
(f) If a person certified for appointment from an eligible list is
rejected or passed over twice, the City Manager may request removal of the person
from that eligible list. The Civil Service Commission may deny such request upon the
basis of the person's qualifications.
(g) After a certification, the Director shall select a committee of
at least three persons to evaluate the persons certified. No one from the bargaining unit
shall be an evaluator.
(h) After consultation with the involved department or bureau
head and the committee, the Director shall forward the names of all persons certified
and recommendations to the City Manager, who shall make the final appointment.
(1) The City shall notify each eligible certified for a vacancy of
the appointment and the appeal rights available hereunder. If not appointed, the highest
ranking eligible for each vacancy may appeal his rejection to the Civil Service
Commission by filing a written notice of appeal within five (5) days after receipt of the
notice of appointment. The Commission shall hear the appeal within (5) days of the
filing of the notice of appeal. The City and the individual appointed shall also be notified
of the hearing and be given an opportunity to be heard. The person filing the appeal
shall have the burden of proving that the City Manager's appointment was arbitrary,
capricious or a clearly unwarranted abuse of discretion. If the Commission sustains the
appeal, the appointment shall be vacated and the appellant shall be appointed to the
position by the City Manager pursuant to the decision of the Commission retroactive to
the date of the original appointment.
(j) The Commission shall render its decision within five (5) days
after the hearing which shall be final and binding subject only to judicial review pursuant
to Rule 106, C.R.C.P.
IAFF 2015-2017 Contract — Page 52
ARTICLE 42. RATE OF PAY ON DEMOTION.
When a fire fighter is demoted from a position in one class to a position in
another class having a lower pay grade, his rate of pay shall be determined as follows:
Section 1. When a fire fighter is demoted because of failure to satisfactorily
complete a probationary period in a promotional position, his pay rate shall be reduced
to the step in the pay grade he had been promoted from which he would be eligible for
had he not been promoted.
Section 2. When a fire fighter is demoted because of layoff procedures, his rate
of pay in the class to which he is demoted shall be the step in the pay grade nearest to,
but not exceeding, that of his rate of pay in the higher class, provided funds are
available in the case of layoff. In the event funds are not available, his rate of pay shall
be the highest step that can equitably be paid to all fire fighters similarly affected by the
layoff. The City Manager, with the approval of the City Council, may approve for such
fire fighter a salary rate equivalent to the salary rate he received at the time of his
demotion.
Section 3. When a fire fighter is demoted due to unsatisfactory performance from
a position in one class to a position in a lower class, his rate of pay shall be reduced at
least one (1) step below the rate of pay he was receiving in the higher class, and shall
be reduced to a step within the pay grade for the class to which he is demoted.
Section 4. When a fire fighter is voluntarily demoted from a position in one class
to a position in a lower class at his own request, the pay rate may remain the same
provided it does not exceed the maximum step of the pay grade for the lower class.
IAFF 2015-2017 Contract — Page 53
ARTICLE 43. RECLASSIFICATION.
If a position is reclassified, the incumbent shall remain in the reclassified position
if the Director, with the approval of the City Manager, determines that he is qualified to
perform the duties of the reclassified position.
If the Director determines that the incumbent lacks the qualifications for the
reclassified position, the incumbent shall, with the approval of the City Manager, be:
(a) transferred if a vacancy exists in another position in the same class, or
(b) promoted, if a vacancy exists for which such fire fighter is eligible as a
result of examination, or
(c) laid off and placed on a reinstatement list for the class or position for
which he is qualified, or
(d) demoted, or
(e) allowed to replace another employee in accordance with Article 50.
IAFF 2015-2017 Contract — Page 54
ARTICLE 44. REPORTING CHANGES IN DUTIES; RECLASSIFICATION.
Section 1. Any fire fighter or the Union may file a written request for classification
review of his position at any time. The request shall be filed with the Fire Chief who
shall forward the request to the Director of Personnel within ten days with his comments
and recommendations.
Section 2. The Director of Personnel shall act on any request involving an
individual position within thirty days, and on any request involving several positions as
promptly as possible, but not more than ninety days, after receipt of such request. The
Director shall not reclassify any position or group of positions without the approval of the
City Manager.
Section 3. The Director may, at any time, consistent with Section 4 review a
position or positions to insure proper classification.
Section 4. Neither the City, a fire fighter, nor representatives of either may
request a review for a position which has been reviewed within the previous six months.
IAFF 2015-2017 Contract — Page 55
ARTICLE 45. APPEAL FROM CLASSIFICATION OR RECLASSIFICATION.
Written notice of classification, reclassification, or allocation of positions shall be
given by the Director to the City Manager, Fire Chief, affected fire fighters, and Union, at
least thirty days before such action shall become effective. Within ten days of receipt of
said notice or failure of the Director to take such action, the Fire Chief, affected fire
fighter(s) or Union may request a hearing thereon before the Civil Service Commission
pursuant to Chapter 12 of Title VI of the Code of Ordinances and Section 8-4 of the City
Charter. Within ten days after conclusion of the hearing the Civil Service Commission
shall order whether such action shall be sustained or rejected.
IAFF 2015-2017 Contract — Page 56
ARTICLE 46. VACANCIES.
Section 1. Unless the City Manager declares, as herein provided, that the
requirements of the service demand that such position remain open, a vacancy shall
exist whenever the number of positions established by the budget exceeds the number
of fire fighters in such positions. Vacancies shall be filled as soon as the Director can
certify to the department head as provided in Article 41. The City Manager may, upon
written notice to the Director, determine that a position shall remain open for a period
not to exceed one hundred thirty-five (135) days. During the time the position is
declared open, the eligible list pertaining to that position shall remain frozen and no new
list established until action is taken on such position. When a position that has been
held open is filled, such position shall be filled by a person named on the appropriate
eligible list that was in effect on the date the City Manager declared such position open,
even if that person's eligibility has otherwise expired.
Section 2. When a vacancy occurs in the rank of Assistant Fire Chief, Fire
Captain or Emergency Medical Officer, the vacancies, if any, created in all lower
classes due to promotional appointments created by appointment to fill such vacancy
shall be filled from the eligible lists for all lower classes which were in effect on the date
on which the vacancy was created in the higher class. This does not pertain to entry
level firefighter positions, and will in no event freeze the current promotional lists.
IAFF 2015-2017 Contract — Page 57
ARTICLE 47. STRIKES - DISRUPTION OF SERVICE.
It is hereby declared to be the public policy of the City of Pueblo since it has
accorded to the members of the classified service of the Fire Department all rights of
labor other than the right to strike or organize any work stoppage, slowdown or mass
absenteeism, therefore, fire fighters shall not strike, or organize any work stoppage,
slowdown or mass absenteeism during the term of this Agreement.
IAFF 2015-2017 Contract — Page 58
ARTICLE 48. INTENT OF THIS AGREEMENT.
The intent and purpose of this Agreement is to establish agreed upon wages,
hours, terms and conditions of employment for all fire fighters in the bargaining unit
represented by the Union, which wages, hours, terms and conditions of employment
shall be set as forth in this Agreement for the term of this Agreement unless changes
are mutually agreed upon between the City and the Union.
IAFF 2015-2017 Contract — Page 59
ARTICLE 49. PROMOTIONAL EXAMINATION REQUIREMENTS.
The City of Pueblo reserves the right to establish such minimum job descriptions
(specifications) and education, experience and service requirements to determine
eligibility for civil service testing and appointment for entry level fire fighters, as it deems
appropriate. Any ordinance in conflict with such right to establish minimum
requirements for entry level fire fighters shall, insofar as same may be applicable to fire
fighters, be deemed repealed and be of no force or effect.
The following minimum service requirements shall be prerequisite to Civil Service
Fire Department promotional examinations:
(1) For Fire Engineer and Fire Prevention Inspector, two (2) years service as
a Fire Fighter with the City of Pueblo.
(2) For Emergency Medical Officer, a minimum of the EMT -I certification and
two (2) years as a Pueblo Fire Fighter.
(3) For Captain, Training Officer/Captain, a total of five (5) years combined
service in the Fire Fighter, Engineer, Fire Prevention Inspector or Emergency Medical
Officer (Lieutenant/EMT) classification with the City of Pueblo.
(4) For Assistant Chief three (3) years service as a Captain or Training
Officer/Captain with the City of Pueblo.
The maximum number of seniority preference points which may be added to a
passing score pursuant to Civil Service Rule 25 with respect to the foregoing Fire
Department promotional examinations shall be seven and one half (7 Y2).
IAFF 2015-2017 Contract — Page 60
ARTICLE 50. REPLACEMENT.
Any fire fighter laid off shall, with the approval of the City Manager, have the right
to replace another fire fighter without prejudice to the right of either to reinstatement
provided the following requirements are met:
(1) The fire fighter to be replaced occupies a class having the same or lower
pay grade; and
(2) The fire fighter laid off has more total service in the class involved,
together with service in a higher class or parallel class (engineer, fire medic, or fire
prevention inspector) within the same line of promotion, than does the fire fighter to be
replaced; and
(3) The fire fighter laid off is qualified for the duties of the lower class of
position as determined by the Director; and
(4) The fire fighter to be replaced occupies a lower position in the line of
promotion to the position from which the fire fighter has been laid off.
IAFF 2015-2017 Contract — Page 61
ARTICLE 61. DURATION OF AGREEMENT.
This Agreement shall be effective January 1, 2015, and all of its provisions
shall remain fully effective through December 31, 2015, and may be extended by the
City for two (2) successive one (1) year terms. The decision to extend the term of
this Agreement shall be made by the City Council on or before the 1st day of June
2015, or 2016, whichever the case may be. The extended term shall be upon the
same terms and conditions, except that wages during each extended term shall be
as provided or otherwise determined pursuant to Section 10.1 of the Agreement. If
the City Council shall fail to extend the term of the Agreement as stated above, then
either party may commence negotiations for a successor agreement by serving
notice pursuant to the City Charter on or before June 21, 2015 or June 21, 2016, as
the case may be.
IAFF 2015-2017 Contract — Page 62
ARTICLE 52. SAFETY.
Section 1. The City recognizes its responsibility to provide safe working
conditions, and the Union recognizes its obligation to cooperate in the maintenance and
improvement of those conditions.
Section 2. The City agrees to establish a safety committee consisting of a
representative of the Union and a representative of the City.
Section 3. The safety committee will consider and make recommendations
concerning safety problems. Recommendations will include technical supporting
information where applicable.
Section 4. The safety committee shall convene within a reasonable time after a
request for a meeting. Any request must indicate the subject to be taken up at the
meeting. The City will submit a written position on safety matters raised by the Union
within ten (10) days after the meeting.
Section 5. Whenever possible, Department personnel will implement safety
recommendations of the Safety Committee.
IAFF 2015-2017 Contract — Page 63
ARTICLE 53. LIABILITY INSURANCE.
City will carry in at least the minimum amounts set forth in the Colorado
Governmental Immunity Act malpractice liability insurance covering Fire Fighter/EMT'S
while acting in their capacity as an employee of the City and while licensed by the State
of Colorado.
IAFF 2015-2017 Contract — Page 64
ARTICLE 54. SMOKE FREE WORKPLACE.
In accordance with City Council Resolution No. 7157, smoking by any member of
the bargaining unit is prohibited in all public buildings which are owned, leased or
controlled by the City of Pueblo, except in designated smoking areas, if any, located in
restaurants operated under concession or management agreements with the City.
For purposes of this agreement, the parties understand and agree that fire
fighters are prohibited from smoking: (a) in any fire department vehicle at any time; and
(b) in any fire station or fire department building except in those station truck rooms
which are equipped with a ventilation system which ventilates such truck room
separately from the remainder of the station.
IAFF 2015-2017 Contract — Page 65
ARTICLE 55. DEATH AND DISABILITY PLAN.
For each person hired as a fire fighter on or after January 1, 1997, who is eligible
for the death and disability coverage provided by part 8 of Article 31 of Title 31, C.R.S.,
the contributions to the FPPA death and disability pension fund required by sec. 31-31-
811(4) shall be assessed jointly against the City and the member on an equally
contributory basis.
Each person hired as a fire fighter on or after January 1, 1997, shall be required
as a condition of employment to make a monthly contribution through payroll deduction
equal to 50% of the contribution on behalf of the member required under sec. 31-31-
811(4), C.R.S.
The following provisions shall become effective January 1, 2004, and shall
remain in effect so long as the reduction in sick leave from 84 shifts to 74 shifts and
from 200 days to 180 days in Article 28 sections 1 and 2 remains in effect. If sick leave
accrual remains at or is restored to 84 shifts, or 200 days, or both, for any reason, then
the following provisions shall become null and void:
For each person hired as a fire fighter on or after January 1, 1997, who is eligible
for the death and disability coverage provided by part 8 of Article 31 of Title 31, C.R.S.,
the contributions to the FPPA death and disability pension fund required by sec. 31-31-
811(4) shall be assessed against the City in the amount of 2.5% of the member's
applicable salary as set forth in section 31-31-811(4); provided that if the required
contribution level is increased, the amount in excess of 2.5% of the member's
applicable salary shall be assessed against the member.
Each person hired as a fire fighter on or after January 1, 1997, shall be required
as a condition of employment to make a monthly contribution through payroll deduction
equal to the contribution on behalf of the member required under sec. 31-31-811(4),
C.R.S., in excess of 2.5% of the member's applicable salary.
IAFF 2015-2017 Contract — Page 66
ARTICLE 56. RANDOM DRUG TESTING.
The City and the Union agree to establish a committee consisting of
representatives of the Fire Union, the Police Union, and the City. The committee shall
meet, when requested by one of the parties, to study, consider and make
recommendations to the parties regarding drug -testing programs for public safety
employees. The consultations and recommendations of the committee shall not be
subject to the grievance/arbitration procedure of this Agreement and shall not be
binding upon any of the parties.
IAFF 2015-2017 Contract — Page 67
ARTICLE 57. MATERNITY AND PATERNITY LEAVE.
A fire fighter shall be granted leave for the birth of the fire fighter's child.
Maternity leave shall commence upon the written recommendation of the
mother's physician or at the time of the childbirth and shall expire upon the physician's
written recommendation or six weeks from the date of childbirth, whichever occurs first.
Paternity leave shall commence at the time of childbirth, unless otherwise
approved by the Chief in advance, and shall not exceed three (3) calendar weeks.
A fire fighter may utilize either sick leave or vacation leave for maternity or
paternity leave purposes.
IAFF 2015-2017 Contract — Page 68
Entered into this 24th day of November , 2014.
INTERNATIONAL ASSOCIATIO"F FIRE FIGHTERS LOCAL NO. 3
By
ecretary
CITY OF PUEB 0---
By
res f -the City Council
ATTEST:
Ll . _��_
j,: -rk
APPROVED AS TO FORM:
City Attorney
Attorney for IAFF Local No. 3
IAFF 2015-2017 Contract — Page 69
APPENDIX A
2015 -1% Increase
$
6,072.30
$
6,191.47
$
6,528.87
$
loll
Assistant Fire
$
5,500.25
$
5,596.70
$
5,974.72
$
7,150.49
Chief
$
5,997.33
$
6,115.03
$
6,448.26
$
7,652.41
Training Officer/Captain
$
5,432.35
$
5,527.61
$
5,900.96
$
7,062.21
Emergency Medical Officer
$
4,741.96
$
4,834.68
$
5,119.07
$
5,776.30
Fire Captain
$
4,927.35
$
5,022.61
$
5,395.96
$
6,547.11
Fire Engineer
$
4,342.30
$
4,426.23
$
4,685.58
$
5,479.25
Fire Inspector
$
4,961.31
$
5,047.76
$
5,271.98
$
6,056.77
Firefighter
$
3,941.28
$
4,143.09
$
4,183.20
$
4,306.00 $ 4,388.68 $ 5,049.33
Assistant Fire
Chief
$
6,072.30
$
6,191.47
$
6,528.87
$
7,748.06
Training Officer/Captain
$
5,500.25
$
5,596.70
$
5,974.72
$
7,150.49
Emergency Medical Officer
$
4,801.23
$
4,895.11
$
5,183.06
$
5,848.50
Fire Captain
$
4,988.94
$
5,085.39
$
5,463.40
$
6,628.95
Fire Engineer
$
4,396.58
$
4,481.56
$
4,744.15
$
5,547.74
Fire Inspector
$
5,023.33
$
5,110.85
$
5,337.88
$
6,132.48
Firefighter
$
3,990.55
$
4,194.88
$
4,235.49
$
4,359.83 $ 4,443.54 $ 5,112.45
Assistant Fire
Chief
$
6,193.74
$
6,315.30
$
6,659.44
$
7,903.02
Training Officer/Captain
$
5,610.25
$
5,708.64
$
6,094.21
$
7,293.50
Emergency Medical Officer
$
4,897.26
$
4,993.01
$
5,286.72
$
5,965.47
Fire Captain
$
5,088.72
$
5,187.10
$
5,572.67
$
6,761.53
Fire Engineer
$
4,484.51
$
4,571.19
$
4,839.03
$
5,658.70
Fire Inspector
$
5,123.79
$
5,213.07
$
5,444.64
$
6,255.13
Firefighter
$
4,070.36
$
4,278.78
$
4,320.20
$
4,447.03 $ 4,532.41 $ 5,214.70
IAFF 2015-2017 Contract — Page 70