HomeMy WebLinkAbout05271ORDINANCE NO. 51271
AN ORDINANCE
APPROVINS
A
COLLECTIVE
BARGAINING
AGREEMENT BETWEEN
THE CITY
International Association of
OF PUEBLO,
A MUNICIPA�
3,
for
the
calemdar
year
CORPORATION AND INTERNATIONAL
ASSOCIATION
OF FIRE FISHTERS,
19B6, the original of which
is an
LOCAL
3, FOR THE
CALENDAR
YEAR
19S6
BE IT ORDAINED BY
THE CITY COUNCIL
OF PUEBLO,
COLORADO tha,0
City
Attorney, is
hereby
approved,
SECTION I ,
The Collective Bargaining Agreement to be entered into
November 25, 1995 between the City of Pueblo,
a Municipal
Corporation
and
International Association of
Fire
Fighters, Local
3,
for
the
calemdar
year
19B6, the original of which
is an
file in the
office
of
the City
Clerk,
haviIrk been approved by the
City
Attorney, is
hereby
approved,
SECTION 2
The President of the City Council is authorized and directed to
emecute the Agreement for and on behalf of the City o4 Pueblo
Clerk is directed to affim the seal of the City thereto and attest same,
ATTES0
CITY CLERK
INTRODUCED: November 25, 1985
B''Y' REIMAR VON KALBEN
COUNCILMA,4
C'Ol,-.[,E(..'TfVE
CITY Cyl"�' PUEBID
AND
ASSOCIERZION OF li"IR.l.'] FIGI-11"PlEIRS
3
COMENCING '.JMUARlj( 1, -1,986
'1701" U CUR][131"'ITS
JA. ABI[VkMIELE 4.1ZEWNCIP,
ARTICIE ] 5. SHIFT EXCIMG'°
ARIECIE 16. IOTYIIERAI P 'L"BIAM",
7,1�1.gr(aj", ]"ll.
la,TGENITY PAY
IIIRIIAMWAI
RATE OF PAY K)R, W013KDIG M ula.-ER, CLASS
Al? g I ICI BB 19.
DEI'l MET] Ok,'IS
CLE,
I
APOI "Jr 11,11 21.
AR L'] C LE
2.
'OE -CA' RN
DUES CIIE'C,'TK TI" ANI MIUMIT"', r
AL�TICIIEI
3.
UNION ISBOARIT'le
NUICI 2
4.
D [E3CRJ MINA"ll."I Ol'I
AI��PECIIE,
5.
PRIEVAII.] uING RIGY]PS
ARTICLE
6.
P, ECITTIVS (NI MANAGIMIT
Al"ITICUE,
7.
]"?ULES AND 'REGUIA]"I'CUS'
AIIIIIIIII(ME
8
PI UDUCTI]VI ]"?,'
11" 1° E
9
OVIT"'TIMP, PAY
ARI, LEI lN
10.
1n1.1' G1121's
ALUICLE
'Ll
BASECIRIMIE OF 117v.(
AR,'J"ICLE
12.
n UIr"I'LOINT IMPU1,11)
A1I01"IIC1 P1°1
1.3.
MILITARY IlYNE
JA. ABI[VkMIELE 4.1ZEWNCIP,
ARTICIE ] 5. SHIFT EXCIMG'°
ARIECIE 16. IOTYIIERAI P 'L"BIAM",
7,1�1.gr(aj", ]"ll.
la,TGENITY PAY
A R I '] Cl d �x 1.8.
RATE OF PAY K)R, W013KDIG M ula.-ER, CLASS
Al? g I ICI BB 19.
IKYCJ UID'AY1S
20
WA9110.14 IEZVE
APOI "Jr 11,11 21.
APPENDICES AM) AMMTHN:°�fA'T$'
ARTICLE 22.
01YEIING AILIONMR1,
jVf,�.rKICLE 21
W)IIIKI. SCHEMIES
AFUTC] Al H 24.
]FAM ELY MEDICAL MV12AG",
111 k°IPU213] 25.
G[U1.°llNjz)NC11!1 PIR( Mm
AR11111] CIA] 1 26.
ULSABIL'I'lY PAYIAEI°,�'rs�FIR`DEPARIMEITI, PEIRSCZRIM
AR',J1 ECI 1", 27.
U[tqC"E;
J 1CP f I Cl 1 A 28.
SICK LEAVE
AR]TO J7 29.
X71'rVITY,
30.
IN) URY IIIIAVE
AR,r,T]ICLE 31.
1;11E S1 ]JUMs'
AF7U.'10 1,' 32.
ABSENCE WIJ11OUT I,EZM
ARPIC.] E 33.
SI'Alr'119 ON TMITSIFERS
AR,TI.a E 34.
IfAxTC W11PIr CX I[IINSATION DIJI �ING 1EAV
;I r �)p Ic "E
2
26
27
28
29
30
32
33
"34
"1
37
38
39
40
41.
2V I PICA J_,;
AR,'1,'ICLE
35.
OfdA!2 Oar MDUOTON
AIUICM
36.
]!l1TfW'KE SAIA)'�)( RAIES
NULCU,
37.
llK)lnI'l(XllAM'
Mjf=
38.
MUMMY ]XISIUMED T�1lipi'M;ES; IXTTY'
AMPME
36
ABIN ITRM U!' l'O&l'l']�%T
Al,,,TI.C[E
1:0.
ium rLImMi?inxmaif
ATU I CCFH
43.
7TpPOII,�ONJINT III-'(-) W)"OUTC)l
ARTICLE
42.
RA`rh CF J?AY, ai DIMJT�ION
A I �e i [ ��
43.
M I �,Cll Al s IF icNll_-[(-�AN
A R 1�
44.
BTN01�11'[NG CJIANGJ�E') lb� DUJ,11E,�3;
NUI( -'TE
45.
KIPT,2\L EIROM CIASSIFI(M�['.I.CN 01R,
APTTCL�E
46.
VACYVJCIl',S
ARTIUN
47.
STRIMIS -- IRBRUINTON M" II II
,,'� Rfl ' I C17
4I8 .
INIBINT CCU, IBBB
PII(N,E,
49
111 y01101'11 MAE EXAM[T'Vd'.l[Kv
ARFJ�CU?
,30.
Py
Zu ,If
51.
pll^dpII
ARTICIR
52.
SAFETY
ARVICEE
53.
LJIWI]�]JTY [fJSU]WJ(-'L`,
J?AGE
42
43
44
I
R E O fl °T E' A 1:�:
e
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
the designee of either.
"Director"
shall mean the Diretar of Personnel
aq his designee.
"Fire
Fighter" shall mean any member of the classified
service of the
fire department so defined in sec. B -14(a)(1)
of the
Charter,,
"Group
A fire fighters" shall mean those fire
fighters whose narmal
work schedule consists of 8 hour shifts or
parts thereof.,
"Group
P Fire fighterm" shall mean those fire
fighters whoS2 normal
work schedule consists of 24 hour shifts
or parts thereaf.
"Day"
shall m2an calondar day unless oth2rWise
modified or defined
herein,
UnjaSU
VhOrWiSe SP=Wiad herein, words used
in this Agreement shall,
havo
the samo meaning as are given them in Section
6-3-1 of the 1771,
Code
of Ordinances in effect on April, 19E3.
0
tho Unif on was ocic!.� and 2xc"I'l.U�S1
0 3 L
agent for a]
C: c t, L ", c a u , g,� R 1, 1 1 i y ::::,: -
AR11CLE 2. DUU3 CHECKOFF AND INDEMNIFICATION
The City hail doduct on a regular bamis dues and fees 4rom th2
pay of all firm fighters who hereafter voluntarily authorize s.Il W'-ri
deduction in writing an a form provided for this purpose by the Union,
or the CiQ5 the form to bo as set forth below; the Union will
initially n o W y the City am to tha amount of dues, or dues ancJ
initiation fees, to F .a a yrr deducted. Such notification will be certified
to the City in writing over the signature of the authorizrood Afficer
or officers of the Union. Changes in the Union membership dues or''
f 013 be Wmilarly certified to tha City and'uhall be done at:
lonst one month in advance of the effective date of such change
The City iGkIr31 remit to tho Union sums within thirty (30) days after
date of deduction.
he uhall indemnify, defond, and hold harmless the City,
and its officors, agnnts or employees against any and all claims,
demands, uuitG, or other forms of liability that may arise out of, or
rcsult 4rum, any action taken by it or them in order to comply with
this ArtiC12, oxcept negligent acts for which it or they shall be
respunQFel n.
NAME
DEPARIMENQ
EFFECIIVE Gael Zvi T0
I
hmraby
roquest and authorize
the City
of Pueblm to
dedAt frmrr,�
my marningn,
anco each month, union
dues and
assessments,
as qp11 ar
Any incneanes
in much dues and assesmmentn,
as
established
by thm
Union.
I further
requost and authorizo
Local
No.
3, IAFF
to cortify
to the
QtV of
Pueblo thE amount to
be deducted
as
well as
an,y(
increasam
in
much union dues and assessments.
The
MTIOUnt
deducted
nhall ho
remittud
to the Treasurer
of Local No.
3,
1AFF,
the sole anrJ'
oxclusiva
Collective
Bargaining Agent
of the
Fire
Fighters.
I hereby waivo all rights in ar claims to the amounts Gc:;:i
daducted and remitted, and also reliave the City, the Union, and all,,
officorm, agents or amployees of either, from"" iability for such
amounts,,
DA FE"'
----------------------------------
ARTICLE 3. UNION SECURITY.
Section
1.
No fherfighhr"
shall
arerequired to become
a membet-
of ths-G&W-As
a condition
of his
employment
or continued
employment
by the City,
and
there
shall be
no disc
r mination against
any fire
fighter on account
of his
membership
or
non -membership in
the Union,,
010,1122-2.
It is
recognized
that
all fire fighters
may or ma,,v
not join the
Union,
at
the individual"s
discretion.
SPQKDA- It is further recognized that tht Union, as the
exclusive bargaining representative of all fire fighters, owes tht,ra
same duties to all fire fighters whether Union members or not, ant,'J
provides benefits and services to all firefighters whether Unioiii,
members or not.
Therefore, as a condition of employment, upon completion of the
entrance probationary period of all fire fighters, as defined under
Section B-14 (a) of the Charter of the City W Pueblo, shall be
required to pay to the Pueblo Fire Fighters Local No. 3 an amount nal:,
to emceed the normal dues and assessments required of members =i�
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.
11
ARWLE 4. DISCRIMINATION.
0
Yhe City and
To Union r=MgniZe that they are subject to and
this
Agreement is
uubordinate to certain
local, state and federal,
laws
prohibiting
discrimination based on
race, color, religion, sem,
national
origin,
politics, age, handicap,
or affiliation ol,
non
- affiliation
with a labor organization.
0
ARTICLE 5. PREVAILING RIGHTS.
All ordinancas and working conditions in effect on March 1,
1983, pertaining to fire fighters, which are not included in this
Agreement, shall remain in full iorce, unchanged and unaffected W ii
any manner, during the term of this Agreement unless changed b,,,e
mutual consent
7
ARTICLE 6. RISHTS OF MANASEMENT.
-rt"-nr 1, Ekcapt as oth2rwise specifically provid2d in this
Agreement, th2 City haS the sole and exclusive right to exercise ai]L
thn rights or functions U management, and the exercise of any such
rights or function shall not be subject to any grievance procedure-,,
oxcupt as to rosolution of whether or not a specific matter is a
man3gement right. Without limiting thegenerality of the foregoing,
am used herein, the term "Rights of Management" includes:
(a) The determination ci Fire Department pblicy, including the
right to manage tho affairs of the Fire Department in all respects;
Q) The right to assign working hours, including overtimp;
Cc, The right to establishmo, dfohngework schedules,
manning of apparatus in the maior reserve fleet, etc,;
1d) The right to assign fire fighters to other duties within
the Fire Department when their apparatus is out of servicq,,
10) Tho 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 assignod.
Q) Thm determination of the safety, health and pr cpert,,,,A
protection measurem of the Fire Department;
(h) The all0cation and assignment of work to fire fighters
within the Fire Department;
(1) The determination of Polimy affecting the selection ot�
training of fire fighters;
UN The schoduling of operations and the determination of the
number and duration of hours of assigned duty per week;
(k) 7hm nstablishmunt, modiFication and enforcement of KrE�
Department 1 u3es, regulations, and orders;
(1) The transfer of workfrom one position to another withir�
the Classified Service of the Fire Department;
(M) The introduction of now, improved or different methods
tpchniquew of operotion of the Fire Department or a change ir
uYisting methods and techniquosz
(n) The placing of sorvice, mainLenanae or other work with,
outside contractors or other agencies of the City;
8
(0) Iho daturminatlun of thO nLMb2r of classen and the numbst
W Vjr2 fightWl within oach Sams;
1p) Aha, determination of the amount of nupervision necessary.
V,jo discrutionary pownr vented in the City or in the
- -
Piro Chiof who!! be oxercinod in an arbitrary or capricious manner.
f?
ARTICLE 7. RULES AND REGULATIONS.
All fire fighters Mall comply with all Fire Department rules
and regulations. Any alleged violations by either the City or fire
fighter of a departmental rule or regulation shall be subject to tWE
grievance procedure set out in Article 25.,
ARTICLE B. PRODUCTIVITY,,,
Section,j. The Union and tho City recognize that increase�,
productiviLy
013 require the
continuation of improvements
and
technological
progress through
new muthods, techniques and
equipmant
which
will contribute to improved
quality and efficiency of
fire
protection
for thn citizens of
Pueblo. F h e Union and the
City Wi
aEt in
goodFaith and with a cooperative
E0:1:,iti4de 't,a achj2ve
endE.
ARTICLE 9. OVERTIME PAY,,
gnatj2a,j. Fire fighters shall be compensated for overtime woo<
at the rato of time and ona-half, in cash, when requested to woNe,
such overtime by the Chief of the Department. Only such hours as are
wOrked in excess of the prescribed daily work shift shall be sc�
compensated.
Sectioa,y. Any fire fighter called back to work prior'to the
baginning of his next regular shift shall be compansated for a
minimum of four (4) hours at the rate of one and one-half U 112) his
regular rate of Pay as prnvided in Section I 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 halg`
(night shift) r. r, the shift he is being moved to.,
f �=02U.T. 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 takerii
as time off regu2arly schedu3ed work hours at the rates provided K''11
this Article, provided that the time be d.:akeb°.i1 off must be approved by
the Chief.
'Se ' c t ion " Q, Fire fighters actually contacted and requested tc',i
4e'lPr overtime duP" k I dgd an emergancy shall respond to such emergency,,,,
SAMOA-
Section
I above
rather than Section 2 shall apply td :1,
any fire
fighter roquired
to hold
over at the end oF a shift for a
mamimum
of two hours for
purposes
of attendance at meetings, or
training
semsions,,
I
Im
I
A I,
FJ1CLE'll
rn t,
'i �- �
o r, cz, -.uc- » I
i
c, n LIM
Jpl.
1
'1 v,
'i �- �
o r, cz, -.uc- » I
i
I -
1
'1 v,
Or
I pAY,
\\�\\:\
-ciu1!, rikt:c oF P,', , ,I , �� - 111 �1 11 " 11" 1 1 1� C.�, j as ilet
py>
FCD�,dil,,ifled
(1} 2929 Sours «cr IS 11,
2026 Hc-) e r 1:1 4, f:') r, Groep A firef j, h t
ARTICLE 12. WTION REFUPM.
UPOO rocommunMation of the department head and after prioi!��
appeaval of the CiLy Manager, the City oF Puebla may, reimburse ,a
pormanont, full-time fire lighter upon successfil comnletion of an
appruved courso or courses in education or vocational training. The
course or training must be related to thm work, he designed to
impruvo compatunce in the job, and be of value to the fire fighter"s
service to the City. Tho amount to be reimbursud will not qxceecJ
"M ('7 l' (90%) Of the cost of tuition, loom, and books.
KQV wilt Pay TIOW00 to a firQ fQhtpr whn watisfactoriVy-
cumPletas a program for racertification as an emergency medical
tuchnician and rocnives emergency medical technician'basic
raftiFicate insuod bY the Stat2"(3f Colorado Departmant of Hualth
under the Colorado Emergency Medical Services Act, Not marm than a
WWI of thirty (30) fire fighters shall be paid the educational
incenLive provided for in this paragraph during the thrue yonr pariu(J
starting January 1, 1%4, Upon receipt of such recertification, a
firm I ight2r shall mako writton application for nuch educational
incontivn
OR f 1 CL E 17. MILIFARY LEAVE,
Scctjon,j. Any pmrmanent fire fighter who presents affa],
ordarl-QATing his attEndance for a period of—�rajning or active
duty as a member of the military service shall be entitled to
military leavE for a period or periodo not tO eXWed a totW of
fjFtpen (15) calandnr dayn in any one year and he shall be entitl!j
to full pay F 6 the City for such period, providEd that any military
Pay rfar NVUd 32SS traVEl and Mal a3lowance is paid to the City,,,
Military leave mhQ3 be Ln addition to, and may not be concurrent,
with, authorfzod vacation 12aVO,,
I=
3t ,� t I s 11- c c 't, J 9 I :j I 3 c is :i c "a 1 11 -1, U'tl t I al r j, Z! E2 rj t"$Nd t -
F tm lnp2I a �. c pr -i ,eate a iL.lit,omcib i le in c a, I duct 0+ Ci Ly b4.W2l
I b F:,?Ji d mi, I eame a �-f Ue;ull It y rm!::�y mi I e -f' or v A ch ti-avi,21
PRUCLE 15. SHIFT EXCHANGE.
irm Fighters nhall have the rinhh In mvrhwMMM =N,41- -A,
change does not interfere with the operations of ihe Fire Department.
Operational interference shall be determined by the Chief or his
representative. The Chief shall nOt act in an arbitrary or
caPricious manner.
OR11CLE 16. FUNERAL LEAVE.
gglQgn 1. In the event of a death in the immediate family of a
fire fighter! 'the fire fightor shall be granteq leave, with pay frorai
the time oF death, plus seven (7) consecutive days
The immediate family shall be defined as father, mother,
brother, sister, husband, wife, child, mother -in -lam, father-in-law,
grandparents, or relative residing in the same household with the
employee.
Section 2. Paid Funeral leave benefits shall be kept as a part
oF the paid sick leave record. All use of paid funeral leave shall
be charged against accrued sick leave.
Section 3. Ca) Funeral leave not to exceed four hours shall be
at the 4unfl' ral of a relative4 of the fire
fighter outsidR his immediate family or for actual service as a,
pal3bearor at any 4uneral. An additional amount of time up to EI3
hours may be granted, a no manpower problem is generated.
(b) Fire fighters may be granted funeral leave no -t,
to9% amceed four hours for attendance at the funeral W 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.,
W Accrued vacation leave or leave without pay ma',y'
be granted by the Fire Chief for further funeral purpose.
I
19
AMULE 17. JUMSEVITY PAY,,
FirmCommencing with the month fojlowjn,,-
j
nompLotion M H. r, ymarm of actual continuous service an a full-tjmA:,
fare fighter in tho Fire Departmant of tho City, each much fire
fighter Moll roceive, in addition to all othir componsation for
full-tima; mnrAces, the amount of Iventy-Five Dollars (25.00) per
month, following tan CIO) years of such sorvice, Thirty -Five Dollars
M35.00) por month; Following fifteen C15) years of servicm,
Forty -Five Dollars ($45.00) por month; following twenty (20) years of
such survice, FiftV-Fivn DaMars C$55.00) pr month. In no eve&
shall longovity compensation exceed Fifty - Five Dollars M5.00) pei�
filo nth.
&RUBLE
IS.
ME
OF PAY FOR
WORKING
IN HIGHER CLASS.
When a
Firu
jightor is
asnigmmd
to and performs
the duties oF z�
highor
claEmsfication
for a
period of
h
four (4),hours
for a Class
fire
fighter
or
twelve CID
hours for
a Class
B fire
fightmr, cir
longmr,
the
Mrs
fighter will
be paid
for the
duration
of sM
mervico
thu
following
increases:
ARTICLE 19. HOLIDAYS.
Sucti_gn,j. Group A. Firm fighters shall receive thn fallowing
days off with full pay:
( aka ) The first day of 3anuary CNew Year's Day)
Q) The afternoon of the Friday preceding Easter Sunday (Good
F'riday)
cc) The last Monday in May pip morial Day)
(d) The fourth day of July (independence Day)
(a) The first Monday in August (Colorado Day)
(f) Thu first Monday in Sop tember (Labor Day)
(g) The second Monday in October (Columbus Day)
W The Waventh day aF November (Vetsrans Day)
U) The fourth Thursday in November (Thanksgiving Day)
W The twenty-fifth day of December (Christmas Day)
For Broup A fire fighters only, when any holiday listed above
Fal3s on Saturday, the preceding Friday shall do observed as the
holiday; when the holiday falls on Sunday, the fol3owing Monday shall
be obsurved as a holiday. In addition to the above, any day may be
dosignated as a holiday by proclamation of the Council President
upon approval of the City Council. Group A fire fighters mhall
receive forty (AO) hours of paw rsonal leave during each calendar year
of employment.
9qqQgj,Z. Group B fire fighters shall receive six (6) shiFts
A _0
of per ond leave during each ca3andar Vear Of 2MPIOYMent in 3isu ol,`
holidays.
Sectigg,j. Each employee working for the City on any electioin
day AVG be allowed such time off as in necessary to vote. Such
time off shall be scheduled by the Chief
Secti,,n,j. Personal Leave
(a) Personal leave time may be grarated ,,Wth pay, for any one
of the following purposesz
(1) Time lodt as a result of illness or injury of the fire
lighter's immediate family.
fa ,.,:°) To attend to personal business.
13) Leisure activities.
Q) The City 013 compensate fire fighters for unused personal
leave time at tho fire fighter"s regular rate of pay, such
compensation to to paid the IaSt Pay P2riod in December of each year.
Rursnnal leavo timu mhall nOt 2Xceed the levels indicated above, nnt
shall U be accumulated or carried over from ons year to the d, nex&,
Personal Wave shall be scheduled and adminiaterad under tho,
direction and with tho approval oF the Firo Chis,4. In tho event of
illnumm, injurV or mmevgency in which personal Wave in roquoitud,
the fire fighter shall notify his supervisor at least ono (1) hour
Prj0V W SChEdU12d reporting time,,
(W At loast two W) shifts of pursanU leave granhod to Gronp
n f1ru fighterm shall be mahoduled to ba taWn At thu !Wn zsfj�n,
:12
q k u,D�, -t� s f a C2 'z fo 1! 1 �3� f i t "d e
a ::l t Fi "'o I. 01- 1:),,;, th in 11, fl avi YS to b a t a
2'
ARTICLE 20. VACATION LEAVE.
92a1 ,k,0n,j.
Group
A fire fightors shall be allowed vacatior)l
leave with
full
pay
at the rate oK,,,
- 12
shifts
for
one year continuous service with the City f,, l'
Pueblo;
- 15
shifts
for
fiva years continuous service with the City o -f
Pueblo;
- IS
shifts
for
ten years continuous service with the City o -F
Pueblo;
21
mhhl. fts
for
fifteen years continuous service with the City
of Pueblo
EEr., Qna,Z.
Group B fire fighters shall be allowed 'aa acatiori
Wave with
full
pay
at the rate hal:
- 6 shifts for one year continuous service with the City a,f
Pueblo�''''
. 7 shifts for five years continuous service with the City o,F
Pueblo,,,,
- 8 shifts for ten years continuous service with the City o+
Pueblo;
." 10 shifts 4or fifteen years continuous service with the C�. p:. /
of Pueblo.
9tallya,h. Vacation leave may be granted in minimum and maximur,'Y
poriods as providod by the Fire Chimf, with the approval W the City,
Manager, proWded vacation Wave will not be granted in excess of
vacation crodit earned prior to the starting date of leave.
QSQD0,f. Ths fire fighter with the longest length of service
in the Firm Departmont shall Um given the first choice of accrued
vacation dates; the next senior fire fighter in t�h44Fire Dapartment,
tho second choico; and the like for succeeding conflicts, if any.
ggElign,T. IF, in the discretion of L h e City Manager, aq,
emorgency omistii , a fire fighter may be granted the equivalent irl
muneY, of vacation leave which such fire fighter is entit3ed Ar that
ymar.
929tion,h. At the termination of ser•v cel with the Fire
Dopartment, for any reason, of any fire fighter covered by this
Agreement said firm fightor shall receive compensation in full at his
rEgUlar rate of pay for all accumulated vacation allowance due him al:,'
the termination o his service, in addition to all accumulated si&,,,
leave to which he is entitled according to Article 28. Upon the
doath of a fire fighter covered by this �Ag�
reeren
t, the cash benefits
attribuLable to fire fighter's accumulated vacation allowance, and
R11 Wcumulatvd sick Wave to which he W 2ntitled according 0:1,
nrticle 2H, shall be paid to thm fire Ughter"s surviving spouse, or,
if therm bs no surviving Wouse then to the fire fighter"s surviving
child or ch0dran, or if there be no surviving child or children,
then to tho firm fighter"s estate.
ow
Section 7. A fire fighter may accrue up to one year of annual,
M, the fire fighter desires he may put all or part,of his
accrued vacation in bank up to twice his annual vacation.
vacation may be taken at a later date in accard.mith the following
QUI ocedure:
(a) Requemts shall be made in writing within the thirty C 3 0 )
day period prior to the shift desired.
(b) Requests shall be considered on a first coms first serye
bahi d. ,a unless two or more requests are received Ouring the same 24,
hour (7:00 a. ergo - 000 a.m.).period when the senior fire fighter
shall have priority in this came.
(W Confirmation by the Chief of the shift requested shall be
no less than two (2) shi4ts before the shift desired.
W? The Captain and Engineer on the same Apparatus shall not Wr'��
allowed oif at the same time. One corpsman per unit shall be allowed
off at one time at
Ce) Two men over the minimum manpower for that shift may be
ikept for sick leave.
low
('�l 1 '�),pplendi �7 cn::S and amut s ��:) I I E AgV UMM2�lt Sh a 1 1 LM?
L ed -m u e p a r""' ti es and s a I I I13 c��
M unm cn'f lJld s P�gllre a
N
2�1:3
ARTICLE 22. DOTHING ALLOWANCE.
QQLUU±.
The
City
shall provido to each
fire fighter thos4�2
uniForm
components,
emcludihg shoes, which are - required by
departmental
regulation
or
order during the term
of this Agreement
The City
sha13 not reduce
the safety standard
which the curreni:
uniFurm
providos. In
additi6n
the City sha13
pay each fire fighter
$190.00
per year for
tho maintenance
K these
uniiorms, on or before
January
20, 1986
27
ARIICLE 23. WORK SCHEDULES.
QZQ2a,j. Group B fire fighters shall work a work schedule
consisting of twenty-four 424) hour shifts for an average work week
of fifty - six (561 hours. This will be implemented by the use of i��x
throe (3) platoon system with each fire 4igh4` er working one (1)
twenty-four (24) hour shift followed by two (2) days off.
twenty-four (24) hour shift shall be from 7:00 a.m. to 700 a.m. witf'',
a relief period of 30 minutes prior to shift change, when properly
relieved after 6:30 a.m.
section.
-T Sroup
A
fire fighters shall work
a regular work da),,,
of eight and
one-half
(B
1/2) hours with one-half
hour for IuM i
between the
hours of 7:30
a.m. and 5:00 p.m. and
be paid for eight,
(8) hours. The
Chief shall
have the discretion to
determine at whal:�'
time within
these hours
the work day shall commence.
ARTICLE 24. FnMILY MEDICAL COVERAGE,,
Commencing January 1, 1986 the City shall contribute for each
fire fighter the full monthly premium of a single member for a heaW-,V
care plan such as Blue Cross/Blue Shield Comprehensive Preferred
Service or equivalent plan, which may include $1,000,000 catastroph&:
major medical coveragm, A5 day basic certificate with a one yea. t -
contract, and optional dependent coverage up to the age of 23 years.
The City shall also contribute $125.00 per month toward the cost of
fami3y coverage under such plan. The Union and City will meet ay
confer in the determination of hospital and med1cal benefits to be
prnvidod under such health care plan; provided however if the Uniari
and City are unabla to mutually agree as to the benefit's to be
provided under such health care plan, the City reserves the right tck
datermine and select such benefits as well as the insurance company
nr other provider of health care benefits as well as the insurance
company or other providmr of health care benefits for such plan;
provided further that such benefits will be comparable to those
described herein. %wever, if an employee lives outside the service
area of such plan, the City reserves the right to pay to suc�,,,l
individual the City's contribution under the plan.
Each fire fighter shall be paid $50.00 per month as a benefit
P Each firm 4ighter has the annual option emercisable in wrIting
mn or before September P. 1965 to elect to have all or part of the
$50MO to b2 paid monthly herMnder to apply toward his famiky,
medical insuranca. If thE OptiOn is timely exercised, it shall be
binding for thm full calendar year next after exercise. If the
option is not timely exercjMd, the $50.00 shall he payable on or,
beforo the 20th of each month.
29
ARTICLE 25. GRIEVA�',i
QQQU,j. A grievance is a claim that the City has violatud an
expross provision of this Agreement. Any fire f ' ighter or group oF
fire fighterm may discuss any matter with thair supervisor without
inNtcking the iormal grievance procedure provided for—"n the Article.
Sention A grievance must be initiated by either an aggriegay ef,:J
Fire by Local No. 3 an behalf of any one or more
individual fire fighters, The grievant must reduce the grievance
writing and prement the written grievance to the Chief of the File
Department within ten (10) days after the grievint knew or shoulcl
have known the facts which gave rise to th2 grievance.
QQIgg,3. The Chief of the Fire Department shall meet with the
grievaht. .and, iF the gri2vant is an individual, representatives of
local No. 3 in an effort to resolve the grievance within 5 calendar,
dW. y aas"~ after b2ing presented with the written grievance. The Fire
Ch1e4 sha3l respond to the grievanC2 within seven (7) days
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 A-0 ----
ic;F of Q2 Fire Department, the grievance committee o4 the
Union may appeal tho grievance to the City Manager within 10 days of
r=eipt Of the written answer V 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 a# AL individual, withi
representatives of Local No. Is to discuss the grievance. Within
days after this mmeting, the City Manager shall give the Unioln
grievance committee his answer in writing.
QgILRU,5. If the Union grievance committee is not satisfied
with the ansg-
jnr of the City Manager, a Union officer must give
written notice of intent to arbitrate to the corporate authorities o -F
the City within Fourteen C14) days after re=ipt Of the Cit),''
managerV ammwer. Repreuentatives of the corporate a 16 h ll't. f a Q b h i t,h k."a. hi and
of the Union nhaI3 attempt to agree upon an arbitrator within sevai-li
07) days CF submission of the written notice of intent to arbitrate.
In the event Lhm parties are unable to agree upon an arbitratat,
within the time limit, either party or its representative may rPia quesl'!
thm Federal Mediation and Conciliation Service to furnish a panel Q
seven arbitrators. rhe parties shall altermately strike from this
panel until only one name WMains. Th2 remaining name shall be tO!?
arbitrator. The arbitrator shall render a decision which is final
and binding upon tho parties within thirty (30) calendar days afteh
hearing the grievance
Soction 6. The fees and costs of the arbitrator shall be shared
equally—&Q-040 Union and tho City. Each party shall pay its own
costs and expenses of the arbitration.,
g2ELQU,Z. 7he findings and decision of the arbitrator shall be
4 a 91 !GiSt2nt with applicabla, Colorado law and with the expressed terms
mR thim Agreament. Tho arbitrator chall have no power or authority
I o add to, subtract from, disregard, alter or modify any of the terms
of thim Agrmement,,
30
SUCH= e. Failure of a fire fighter or Union to initiate a,
written appoal or demand for arbitration within the
time ts specified in thiq Article shall constitute an irrevocable
waiver of th Pight to file or pursue such grieviIII ce. The City and
the UnLan may mutually waive any time limitation contained herein.,
Fhe partion recognize that such waivers are contrary to the spirit of
the grievance procedure and shall be invoked only for" substantial.
runsons. Failure of the Fire Chief or City Manager to timely,"He
his answer Lo any grievance shall bay deemed to bo a denial thereof,,,,,
in all events, the Fire Chief or City Manager must filea-,J,
written answer to any such gII, ieWnce.
Soction 9. Notice under this Article shall be givon by personal
del!vory, if
(a) thp Union, thm president or any member uf the Union'm
adjustment commith6e; ct��
(b) the City, the Fire Chimf or City Manager or their-
respactive socretariram
ARTICKE 26. DISABILITY PAYMENTS --FIRE DEPARTMENT PERSONNEL
QQLga,j. In any case where a Ura 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 emtent whereby he im unable to periarm his regular Fire Departmenl',!,
duties, he shall be paid by the City of Puebla from funds available
within the Fire Department"s annual appropriation starting
immodiately aftor the expiration of paid sick leave benefits and
accrued vacation leave as provided by Article 28,and 20 of this
Agroement,aa and for the remaining period of such disability, no''t
exceed one (1) calendar year from the date of such disability, a,
monthly b"ii eFit equal to twol and one-half percent (2 1/2%) of tht
amount of his monthly salary as of the date of his disability;
multiplied by the number of years he has been in active service witht
the Fire Department; but any such benefits under this provisions
shall not emcned one-half of his monthly salary as of the date of his
disability.
QQLga,2. For the purpose of determining the physical or
monta,Iv disability of any such member, the )''iremen"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 sha3l appoint one or more physicians on-'
surgeons to make an examination of the member and report their
findings to the Board, which report shall be taken into consideration
in det2rMining whether the m6mber is physically or mentally disabled.
9ection-j. In the event the State Legislature enacts a StatUtEI
u
ofll'C;"')"Ving thE? 112 alontAi rgai Ling period from C. R. S. 1973, 31-30-407
(I)CF)(1) the provisions of this section shall automatically
terminate.
ARTICLE 27. SMINGS CLAUCE.
Tho provisinnn of WE agreement arn savorable and tho legal
invalidity of any provision or provisions shall,P �ot affect or,
invalidate other provimions. However, if any provision of this
Agrmamunt Would bo declared invalid by any court of competen't,'',',
juriudiction, then the parties to this Agreement shall meet withUn
Ofteon 11 5) days from the date they learn of such declaration anr,!l
nogotiatm in good faith for the purpose of agreeing upmn a lawful
prnvision which would accomplish the intent of the parties as
expressed by the provimion declared invalid.
MM
nRTICLE 28. SICK LEAVE,,,
Wrtion 1. All Group B fire fighterm shall be Mowed 17/24 of a
working shift of sick leava for each month of sprvice from the firsl:�,
day of employment. Unused nick leave shall be accumulated to 1
maximum accrual of 84 working shifts,,
ggStjon,Z. All Group A fire fighters shall be allowed one and
one-half working days of sick leave for each month of service froffr
the first day of employment. Unused sick leave shall be accumulated
tO a maximum accrual of 200 working shifts.
90&!Un,pnn separation for any reason other than death,
dischargm, or rotirament, a Group A fire fighter whose sick leave
accumulation emcSeed s 75 days shall be paid at his regular rate of pay
for the amount of sick leavm accumulated over 75 days, but not to
Ruceed 75 days; a Broup B fire fighter whose sick leave accumuiatjorl�
exceedm 35 working shifts shall be paid at his regular rate of pa,,t
for the amount of sick leave accumulated over 35 working shMs, bul::,
nUt tO 2Xceed 35 working shifts.,
BRALWA. Upon separation due to retirement or death, a Group A
fire fightor shall bo paid at his regular rate of pay for all,
accumulated sick leave, but not to exceed 120 days; a Group B fire
fightor Mall be paid at 1al
ar rate W pay for accumulated sick
leavo, but not to exceed 56 working shifts,,
If is
In thm evant of death, such sum—�hall be paid to tND
surviving spous2 o such fire fighter, In the event there shall be no
surviving spouse, thon such num shall be paid to the dependents of
such fire Fightor. In the ft there shall be no surviving spouse or
dupendents, no benefit Mall be paid by the City. For the purposes of
this soction, atapandent" shall mean any child, MOth2r, fath2t'
grnndmother, grandfather, sister, brother or grandchild, who was
Nho!3y or particily supportand by thm deceamed fire fighter at tWP
LIM OF his death and for a reasonable poriod of time immediately
PrOw hl`If such dependant be a son, daughter, grandson,,
gtandaughter, or brother, sister eighteen years of age or over, u
fathm mother, or grandFather, grandmother to be entitled to
bnnWits, they must prove that they were actually disabled oir
inCaPSble Of 2arning their own living during the said time.
Section 1 1. Separation benefits shall be paid immediately upoa...r
HATT date oF separation.
the eflectW!2
eS A31 Group B fire fighters shall be allowed two(
working mhjfts sick leave without a doctor's slip,,
Section All group A fire fighters will be allowed thrss�
working shiM mick Ie Rvu without a doctor's slip,,,,
EM
SectioIg,§. Sick leave benefits shall be paid for actual illnes,s
or disability.,
SectioII" ,1Q, A physician's statement certifying the absence froi!,iitl
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 scheduleiil
work shift before a vacation or holiday leave, or for his first,
regularly scheduled work shift after a vacation,ar holiday leave.,
Secti.on I'l. City may make reasonable contact with a firo A finhter
on sicklea-q
ve to vmrify that
his absence
4rom
work was raquired
because of
actual illness or
disability
which
renders him unable to
perform his
duties.
Reasonable
contacL shall
establishes
not emceed two contacts
during each
working
shift of
sick leave
taken
without a treating
physician "a
certificate.
QEQ0a,11. Use of
sick leave for more than three working shifts
without a treating
physician's
certiFicate
or other reasonable
evidence of
illness or
injury in any
twelve month period shall UEiii
presumed to
constitute
an abuse of sick
leave unless the fire fighter
establishes
that he was
actually ill
or disabled and unable tc�C)
perform his
duties.
SAM 13. If a fire fighter is on sick leave for three (3) or
morm consecil-t-i12 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 Psi
unable to perform light Outy.
Qgtj2a 14. If a fire fighter is on sick leave validly taken,
--shall not, emcept in any emergency declared by the,
the Fire Chief!
City Manager, call the fire fighter back to light duty before his
next regularly scheduled working shi4t,i
En
ARFECLE 29. UNION ACTIVITY.
EgEyqgj. Mmithmr lo Union, nor its oFficers, agents,
roprOWntatiTs, mv membors K33 intimidate, interfare with, or'
rource Hro fightmrs. No union activity or union business of any kind
will be rarried un sul;q working hours without empress pormissiOn in
advanco Funm thm Five ChieF. Violation of this Section I oF Me
ArtiEw 29 by any Fire fight2r shall be junt cause for disciplinar,Y,
action, pirEunnt to Chaptmr 10, Titlo VT of the 1971 Code of
Urd3nancom. Failura oF thn City to enForam any of the pro Mmions of
QMS SYMM I of Yim 00o 29 in any one or porm instances shill
�iu " ur,,Iruyd n waiver of any uF the provisAns, pf this Section I
M thin Ait2clm 29.
gEQTqU,j. No firs Fighter shall b discharged, disciplined or-
d,as criminahrKagmAnst hocaune of activity on behaH al the Unton
KOM: doom not interfICY re with the discharge of his dutieu or any
onsignments, or viMaLm any oi the prnvi,urns of this agrnamm6t, City
nrdinancen, Matutem, rules or regulations Of the de wan i enE,
gocurp A. Me Union shall hava Me right to post on the
,-; " To douigHahed hy th2 Fire Chief, within all respective
Mlmtin hu=
ma ntntiQns and Qrc uFFjcQs, notinem aF union mootingm, union
and mnci"id l aHairs, notices of union elections, and
q;pwnFmLMz anO If" esulLs ul union olacLionLi' , all of which pertain to
thn Puehlo Firm Dopartmant. No other postings will be allowed !
warojon 1, WNi" mi qxproved by the Fire Chi2f, twa of th2 principal
o q'Lha "Mon Mall be grantod luavo from duty with full p%,11
nmcEspan y UniOn MSMMS. When approved by the Fire
ChM, Curt, ond For a ronsonable timm before bargaining with CjQe
For o sucansmor colloctivo bargaining agroumant the
Unwn SaigMaing Cummittur Mot to oxcoed five persons) shall be
Utarkod lonvgym: from My with full pay to conduct negotiationo Qd
Mu uuch Luavn or permLssions shall be granted for
jwlhy�mg mutivikjoy in any legislative furum on paid time. The Union
jh7, .47 ondwavur to ionduot all naccasGary Union businesm during the
�d. Y r Lima uh Mu Uroatrst numlar of Fire fightVan m roqui,di d for
n"nh buminpva, to Yho grantont omtent possible. Said approval shall
°iy vm M u f wh2n said leave would not disrupt or
Muv%rn with tho sorvice of the department.
:36
AR71CLE 70. INJURY LEAVE.
gggtIgn 1. Each fire fighter covered by this Agreement wbo iS
injured while - in the performance of his duties inside or outside the
Ujty limits Mall be paid injury leavo in a sum equal to the Are
fightor"s Full salary for the period of disability not to exceed one
(1) calendar year from the date of injury.
gqatQa 2. Injury leave benmfits as set forth herein are Maximuff'�
benEfits for 1- a I ach injury. Fire fightmrs on injury leave shall be
granted all ben2fits provided other fire fighters covered by this
Agroament the same as if they were in active service of the City.
yglIgg 3. Workmen's Compensation temporary disability benefits
7" time he rer:eives iniur,,,,
paid to a fire fighter for the same period of
leave ben2fits h2rmunder allbe reimbursed to the City, provided
that no amount Mall be reimbursed until such time as the temporary
disability benofits are actually paid. In the event a fire fightEr
receives tEmporary disability benMMS for the period he raCOral VK, -i
injUry 120Ve honefits, hE shEA13 endarSE to the City the check
rmceived by hrrGPor the purposo of paying such benefits. Receipt of
injUry leaVE benefits herEUTIder by 3, fire fighter shall operate as
nnd Ue a partial ansignment to the POf said fire fighter'5
interest in and to any cause of action against a third party as
dMined in C.&S. 1973, 9-52-100 Q. Egg,, as amended, to tho exteM.
of injury IMV2 benefits paid or payablo hereunder by the City to
nuld firm fighter. During such timn as he iS rECKVing injury leavi
benofits hernunder and for a PEriod of 60 days from and aftor the
reamipt M the final payment thereof, said fire fighter shall have an
exclusive right to engage the services of an attorney-at-law tr,:1
nettle c" to otherwise dispute Of said cause of action which shaLL
not be suttlmd mr otherwise disposed of without the written consent
of the City. If said Fire fighter engages the SErvices K an attorney
am aforessal id, the City shall not bu liable 4o6°" costs or attorney fees
in connocKon thereNith; however, in lieu thereof, the City agrees &:')
limit its pro raLa sharm aF any recovary so affected to 75% of injur,,,,,�,
jcayp hennfitn paid or PaYM12 tO ME fire fighter hEreund2r. If said
Me Fightmr failS to angagM thE services of an attorney, as
aforenaid, the City may take such action as it deems advisable for,
the recovery oF 100% of a3l injury MnefitS Paid to said fire
Fighter, and said fire fighter will cooperate with the City in suct,''li
action as it may tako and furnish any and all papers and informatiorl,
in himPMSMSSian deemod by the City to be necessary in connectiort
Murnwithii,
ti, 2&iMM 4. No nick leave, injury leave or temporary disability
Imave M! k. s nhaI3 be payable to any Firm fighter injured while in
y. 6m employ of an employer other than the City oF Pueblo, or WMIE�
uo! F -empl oyod „
ARTICLE 3 1 . SPECIAL LEAVE,,,,
gagti2n,1, In addition to leaves authorized above, the Fire
Chief may authorize a fire fighter to be absant without pay for
personal reasons for a"eriod or periods not, toexceed ten CIO)
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 d, 6) calendar months in any one calendar year for the following
purposes: attendence at college, university, or business school for
the purpose of training in subjects related to the work of W ?
employee and which will benefit the employee and the City service;
urgent personal business requiring employee's attention for arl,
emtended 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 dfl. emad beneficial to the City service,,,,
Section 3. The City Manager may authorize special leaves ai�
absence without pay for any of the purposes set out in the preceding
subparagraph,for any reasonable length of time.
gUSQ2a,j. The City Council may grant leaves of absence with al
with out pay in excess of the limitations above for the purposes a+
extended courses of training at a recognized university or college
and for other purposes that are deemed benaficlal to the City
service.
E
ARTICLE 3 2 . ABSENCE WITHOUT LEAVE.
QQign,j. Any fire fighter who finds it necessary to
be absent from duty to emergency shall report the reasons therefor tc':�
his supervisor or department at least one hour before working time,
on the first day of such absance. 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 1 epor1:
at least one hour before working time. Failure of a fire fighter to
so report may be grounds for disciplinary action.
gpStj20,2. All unauthorized absences without leave shall be
grounds for disciplinary action. Reduction Q pay shall be made for'',
all per of unauthorized absences.
RMgQRU,T.
Any unauthorizad
absence
of
six or more consecutive
working shifts
aF 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.
EM
WnICLE 33. STATION IRMSPERS,
l o arcuru in a f ire station, due to WtM'
promotion, dam otinn, ueparation from City marvice, or the creation of
MC?L'� Li nn , f ir fighters shall ba notif ied by a memo from the:
Mrc Uhief hwFure thn opening is filled. Such momo WWI be posted irl�
rich utntion For M imnut muventy-two C72) hours. Such opening shall
bn filled by the soniw qualified Mr2 fIr, ght2r in the Wassapplying
Wr that position in uriting during thu timm of posting of tha memo,,,
Thy Chiuf s1 'ba!3 ratuin the riqht to trannier firm fighters when'ar!
opening aS d=rib2d MOVS is not involved, prbvided that sucl''j,
tranniers nhaU not be arbitrary or capricious.
4
AR11CLE 34. LONGEVITY COMPENSATION DURINS LEAVE.
Q2QRU,j. Longevity compensation as stated above shall be paW,1,
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 absont on leave without pay far more
than one -half of the working time prescribed for that fire fighter"s
class,,
QQQn,2. Periods of time during which a fire fighter is off
work due to lay-off or reduction in force and is an valid
reinstatement list shall not constitute a break in continuity o,l�
service; provided, however, such periods of time shall not be accrued
as a part of the actual continuous sarvice necessary to qualify for
longevity compensation,.
QgtQg 3. Absence without leave shall forfeit all longevity pa,,,,,,,,,,
4in which such absence occurs. For purposes of tW��,,, or the mon2th
section, periods of authorized leave without pay shall not accrue as
part of the actual continuous service necessary to qualify for'
longevity compensation,
U
41
ARTIME 15. MUM OF REDUCTION.
Suction 1. A rMuction of the number of firm fightmr positicn���;
a., ,x Thall bo made in the following order: part-time,
any C:014
probatiunary, parmanont,
Bec .,tion — 2. Probationary and perman2nt Are fighters shall W,,:u
� C o basia A sorvice in the class being reduced
I n i d of F nn tii, , FamPutecl
in accordance with Civil Service Rule 37, the fire fighter Mth the
luast servica being laid off first
M
ARNELF 36, EVURANCE SALARY RATES,,
QgtQn,j. Original appointment to any pomition shall be made at,
the entrance rate and advancement Mon the entrance rate within a
grade shall be by successive steps
Sect 1 on 2. At the compl et i on of tho + i rst year of vervi ce, a
f
hall automatically advance to the next higher rate ir�� ire fighter ',
the approplate pay grade, provided his service has been determined by
the Firm Chia+ to be satisfactory. Subsequently, the fire fighter''
shall be automatically advanced to the nemt highpr rate, if any, at�
tho conclusion K each succeeding year of satisfactory service in hVe
Hoss until he has reached thE MaXiMUM rate Of the salary schedule
for that class,,
Section 3. At the conclusion of a natisfactory one (1) year-,
7 ---
probation period, tho Firm Chief shall certify that the probationary
period has been successfully complr. teM,
Section 1. When a fire Ughter is assigned to duty in a position
huld by him and such change is not in the nature of zt
promotion or n demotion, the firefighter Mall receive the rate of:
paV in tho salary uchaduln established for strch position that wil'l
provide at least the some rat2 Of pay he was receiving in his former
position.
EMQLUn,]. 11, in Ohm opinion of f. 412 Fire Chief, the work of a
fire fightar han nnt Man satisfactory during the year prior to h0s
VjyMilihy for salary advancement, he shall give a statement to the
City Manngur and Pmrsonnml Diructor Ghowing reamon or reasons why th2
4irp figthov's work han not bean satisfactory. A copy of thMs
stntrmnnL shall be furnishod the, fYa' v fighter concerned and the KrE�
Chlof shall discumn with the fire fighter the reason(s) for hjs not:
rucmiving the pay incrnaspn. Any fir c fighter or the Union shall have
thm right tn thn consideration of any request for adjustment in the
evpnt that thE Firm Chief Mates that the fire fighter"s work in the
proceding yeor has not bemn satisfactory for salary advancement. 1 I
winh camn, tha fire fight2r or Union may submit the mattor to M,,,h
grievancn procedure of Article 25. A fire fighter who has beera
der,Lmd a pay increase due to unsatisfactory work shall be granted
much inEreoss at much time as th2 Fire Chief determines that his
performanuo ham sufficiently improved to justify the increase
Section 6. In thy` M 2VMnt that the firefighter did not receiva
theA
d"ARAPIP"In"t in salary duo him under the provisions of the
AMM12, and it iS determined, in the manner prescr.II berJ,
abovus that tha firm fightar was entitled to this advancement in
salary EhM be paid to the fire fighter from the date on which he
was originally entitlad to said advan=Ment in salary.
PRITCLE 37.
nPPOINDOM
PPOBA71ONAW,
All
rntramEn appmintmontE
shaI2
ba probationary
for a
period W
pramuKonn!
appointmants
shall
be probationary
for a
of
nim monthn,
that,
any fire
fighter who
previously
period
provided
merved in
the pumition
in the higher
class to
which he was
promMed,
may bo cruditQd
toward
complotion of
his probationary
period WU-'�
such tempornry
sorvicu
not to exceed
one hundred
and fifty
(150) days
with the
approval of
ths Fire Chief,,,
4 4
WTICIE 18. PARFIWN DIlABL.ED EMPLOYEES; LIGHT DUTY.
EggIL2n,j. If, aE a r2sult of survico connected injury or,
AlInwas, a firs fighter is temporarily disabled and unable to
ef4iciently porform tho duties of his position, but is able to
orf Ficiently perform the dutias of some other position of the Fire
Department in which a vaconry emists and which position is compatible
AN the firm ffghtmr"s stills and abilities, then the Fire Chief ma�,,,,
refer the fire fightpia r for placement in such vacant position for a
period not to eNcemd sinay (6) months. Upon approval of the Fire Chief
and City Manager, the Fire fighter may be so emplpyed. Such
assignment shall be called light duty
Section 1. Tho salary of a fire fighter on light duty shall bE,',''
—,
at Least equal tY,°.'r the salary at which he was employed at the time Ai,�
his injury or illness
Section-., During his period of temporary disability, a +W�
f0ghter 001 be 2ntitled to pay pension contributions and shall,
continue to rocnive health -medical plan benefits, and accrue credits,
for sick leave and vacation leave.
QSAQ0,1. Upon presentation of a doctor's certificate stqtW '
that the firo fighter is physically capablo of performing all lEhe
duties of the pomition in which he was working at the time of hW;�°a
injury or i!fnoss h2 shall be returned to full duty in that class.
If the Fire Chief daterminos that the work of the fire fighter upoI]
return to wunk is not satinfactorat , the Fire Chief may cause theffre:�
fighter to be ru-examined to determine his ability to perform.
QEQMU,2. nny fire fighter who refuses to cooperate in the
pla=Wnt program, by failure to accept or continue in the employmen-lC,
Off2red, sh:03, as of any such refusal be disciplined,,,
Em
nPTIVE
37. AP011110N OF
POSITION.
Any"fire
fightnr with
civil sorvice
status in an
abolished
position
shall, with the approval
of the
City Manager,
be:
Ca)
transf or red, if a
vacancy exists
in another
position in the
name Wass,
='
(b)
promotod, 1". "F a vacancy
eximts in
a position
i p..7V anothar class
for wbich
thu fir2 fighIV. or
is eligible,
or
C&
laid off and placed
an a reinstatement
list
for the class
for which
he is qualifiotips ,
or
Cd) dnmotnd, or
W alloNed to replace another fire fighter in accordance WUp
Article 50
,t6
nRlICLE 40. REINSTATEMEOR AND REEMPLOYMENT.
0902U.h When a fire fighter is roinstated in a position 0-6
the same class aftmr a soparation from the Department of not morm
than four ymars, which separation occurred through no fault of the
Ure Ughter and not duo to discreditable circumstances, such fire
fighter shall receive the rate in the salary schedule corresponding
to the step rat2 receivod at the time of separation and shal),
subsequontly serve thermat for at least such period as is ncrmall',u,'
rmquirdad for advancement to the neap higher salary rate. Ahy fire
fighter who is drafted or who leaves the City service to enter the
active service of the armEd %rces of the United'States and who is
subsequently Winstated to a position previously held by him shall
enUtled to recoive a salary at the step rate to which he would have
bonn entitled had his service with the City not been interrupted by
entry into the armed forces. Any non -required reenlistment shall,
automatically terminata the provisions of this Article for any su&�
fire Ughter
QQQn,2. Whenever a former fire fighter is reemployed in th2
samm class after a voluntary separation from the City service of not
Iraq rm than two yearn, which separation was not by action of the City
or due to discreditable circumstances, such fiVe fighter may, &V -h
the approval of the City Manager, receive the rate in the salarter
schodule corremponding to the step rate received at the time of
separation and nhall subnequently serve thereat for at least suchl
poriod as is normally required for advancement to the neo .t higher
step or salary rate.
nRTIELE 41. APPOINTMEN1 TO VACANCY,
When the City filln as vacancy in the Fire Department tK��
following priorities shall apply in the ardor liste&r
1. Rminmtatement list - Consisting of fire fighters separz�
from a pouition in that clams due to layoff or other cause not ''::
Fault of the firm fighter. Fire fighters shall be reinstated M lM
MaGs in the reverse order of layoff from that class including fire
fighters placed on reinstatoment lists in accordance, with Article 40
2. The City may then select from any of the followingit
a. Roomployment List - Firm fighters previously separaterl
at their volution, in good standing.
b. Voluntary Demotion,
CIf a position is not 021ad through reinstatement,
demotion of re-employmont the City shall fill the position from a
civil service aligib3e lint in the�ollowing manner�
(a) The Director shall forward a copy of thm
appropriato class specification to tho Civil Service Commission, with
a request for certification of the names of the three highest
persons on °i° ho appropriate eligible list iia
01 The Director may also request from the Commission
further information relating to the persons certified and to their
mpplication, examination or certification procesm.,
M 14 any person so certiFied fails to accept
aPPOUlmnnt to the position, that perman shall be removed from th,,�,
limt ond the namo of the pmrson next highemt on the appropriate
MigAMP list uha3l ba certified. rho Civil Service Commission ma,,,
retn& on the eligible list the name of a person who refunes arn
Mpninlmpnt n0y upon that perIon "s request and for just cause. ThO
Dir=tor may rEquust removal from the list of the name of a phrmori
who doms not qualify for or meet a roquirement of the positiop. The
Civil Service Commission shall grant much rEquest and certify the
name nf thp next highest ranking Migible on the list, if the person
s remOvEd does not actually qualify or meet requirements.,
(d) If more than one vacancy is to be filled from ar,
eligible list, the DirnMor may requost certification of ari
additional name for ,V ho mecond and each subsequent vacancy.,
(a) If less than thrue names appear or remain on t&��
eligible list, the City Manager may either request that the
Commiumfon ostablinh a now aligible list, or may accept a
rurtificatimn or 9ius than three namem,,
M
f ' 5) If a parson certified for appointment from STI
eligible Hat is rejacted or passed over twice, the City Manager maNl�
1-uquost vemoval of the person from aha t eligible list. The Civil
Snroce Commimsion may deny sucy,request upon the,basis of thd
pernon"s qualiFications.
(g) After a certification, the Director shall select a
committoE of at least throe persons to evaluate the persons
certifiod.
(h) Afher consultation with the involidd departmeni or,
htmad and the committee, the Director sh forward the names
o 01 persons certiFiedand recommendations to the&ity,Manager, who
shall make the final appointment
H) The City shall notify each eligible hertified for a
vacancy of the appointment and the appeal rights available hereunder
If not appuinted, Lhe highent ranking eligible for each vacancy may,
appeal his rujaction to the Civil Service Commission by filing, a
written notice of appoal within five (5) days after rec,,,,eipt of thm
nutice of appointmont. The Commission shall hear the appeal within
(5) days of the filing of the nptice Of aPP2al. The City and the
individual appointud shall also be notified of the ' hearing and be
givon an upportunity to be heard. The person filing tho appeal shall
ha tho burden of proving that the City Manageappointment wa's
arbitrary, capricious or a clearly—"nwarrranted abuse of discretion.
If the Commimmion sustains the appeal, the appointment shall be
vncated and tho aPP211ant Wall be appointed to the position by the
City Manager pursuant to Lhe decision of the Commission retroactive
Lo the date of the original appointment.
U) Th2 Commission shall render its d2USiOn within
Cym 15) days ULM W2 hoaring which shall be final and binding
nubjeU only to judicial r2ViMW punsuant to Rule 106, UR.C.P.
49
nRTICLE 12, RATE OF PPY ON DEMOTION.,
Whon a firm Ughter is demoted from a position in one class to a
position in another clans having a lower pay grade, his rate of paNyj
shall be detormined as followsa
Section
1. When
a
fire fighter is
demoted
because
of failure to
sat UTDC 1 1
Orhy
complote
a probationary
period
in a."romotional
of layoff. V thE
position, his
pay rate
bo the highest
sha3l be—educed
to the
step in
the pay gradE,,
no had been
promotad
from
which he would
be eligible
for
hadt@e not,
been promoted.
to the salary rate he received at.
the timu
of his demotion,,
Section
3. When a fire
-f-rom
Section
2. When
a
firm fighter is
demoted
because
of layoff
;rocadures, his rate of pay in the class to which he is demoted shal,',',
he the atep
in the
nearemt to, but not exceeding, that of
pay grade
his rate
of in tha higher
clas, provided funds are available in
pay
the came
of layoff. V thE
event funds are not available, his rate
of shall
bo the highest
step that can equitably be paid to all
pny
fire fighters
simiNarly affected
by the 3ayo4f. The City Manager,
wiLh i he
approval of the City
Council, may approve for such Firc�','
lighter
a salary rate equivalant
to the salary rate he received at.
the timu
of his demotion,,
Section
3. When a fire
-f-rom
fighter in demoted due to unsatisfactor,,y,
Perfow"vin-Se,
a pomition
in one class toa 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 Kl
reducod
to a step within the
pay grade for the class to which is
demoted
Section
1, When a firr
-in
fighter in voluntarily demoted 4rom
Poultion
in o�; class to a pomition
in a lower class at his owr'�,
request,
the pay rate may romain
the namerovided it does not exceed
the maximum
stop U the pay
grade for the lower Hass.
jlKECLAWAr im-TION.
Ed) demoted, M,
IN allowod W rTplacm another unployim in accordance with
ArWalo 50
If
a pomitionacl
is ranified,
s tho incumbont shall remain in the!�
inc;F
nyifiud
pusivion
it
the Director, with the approval of the CiQ,,
Man
agcr,
dotnrmincs
that
he is qualified to perform the dutims of thc',,
reclassified
position
If
the Diructor
determines
that „hincumbent lacks Vc
qualiFicationn
fot
the reclasmified
ponition, the incumbent shall,
with
the
approval
of tho
City Manager,
Q?
Krans+mrrcd
if
a vacancy existm in anothAr position in the
A"Mu
clans,
01,
Q)
promutmil,
if a
vacancy axists For which such firm fightor is
Afg!bW
as a rosult
of
examination, OT,
WA
Wid o1i
and plaued
on a reinstatement list for the class or,
ponAtion
lot which
he is
qualified, or
Ed) demoted, M,
IN allowod W rTplacm another unployim in accordance with
ArWalo 50
AR11CLE 14. REPORTING CHANGES IN DUTIES; RE,LASS IFICATIOW,
QQQn,j.
Any fire
4ighter or
the Union may
file a writW
request
for classification
review
of
his position
at any time. The
request
shall
be filed
with
the Fire
Chief
who shall
forward W�o,rr
request
to the
Director
of Personnel
within
ten days
with his
comments
and recommendations.
Qgtian,2. The Director K Personnel shall act on any reques''V,��
involving an individual position within thirty days, and on Wny
V iIlly olving meveral 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 th�2
approval of th2 City Manager,
f.
Section 1. 7he Director may, at any time, consistent WW' -ii
sectimi-FrView a position or positions to Waure proper'',
class! f ication,,,
52EtjUa,j. Neither the City, a fire fighter, nor representative�'�,
of e7rth2r may request a review for a position which has been revieweU��I,
within the previous six months.,
M ILLE 15 Kvir"ErAL FROM MATSIF1 CATION OP RECLASSIFICATION,,
wlitt2n
MML=
of classification, rMclasmification, or,
1 pHnitions
whaK bn g3von by thu Dfructor to the
City'
af%rtad fira fighters, and Union, at lea&
thirty doyn
Opfurp
nuch actfun hall bocomm Rive. Within
t,
of
maid notiru or failuru of the Diroctor Lo
take
h
1hu Fjru
ief, offir. cted fire fighter(st or Union
r�; . .. .. r
=Kng thmraun
hoform tho Civil Service Commissioin
1' r
0niptcm-
12 M Title V1 of the Code of Ordinances
anr.1
Suctimn H-1
of thr
City CharLer. Within ten days after conclunion
of',
ihp Marino
Ohm Civil
Service Commision shall ordbr whether
such,
K. Y:;11 shall
M sustalnud
or rniectmd
a
ARTICLE 4Whim . VACANCIES.
section 1. Unleso the City Managor declares, as hereiir�,
PrOVO&Q-Th tho requirements of the service demand that suQi
position rmmain open, a vacancy shall exist whenever the numbdr of
ponitions Pntablinhed by the budget exMeds the number of firq
fightmrs in such positions. Vacancies shall be filled as soon as the
Director can certify to the department head as provided in ArtiC12
Q. The City Manager may, upon written not4e to the Director,
determine that a position Ghall remain open for a period not ''
ezcoed one hundred thirty -five (135) days. Durigg the time the
position im declared open, the eligible list pertaining to that,
position shall remain frozen and no new list established until act ior�
is taken on such position. When a position that has been held opee
is filled, such position shall be filled by a person named on the
approprate Qigib3a lint that was in effect on the date the City,
Manager declared such position open, even if that person's
eligibility has otherwise expired.
54
AMME
STRIKES DISRUPTION OF
SERVICE.
It in
huroby Wclarod
to be We
public policy of
the City W.
Mehlo mince
A has au4,u1 d2d
to MR
members of the classifiod
m2rvice
of Ep Fire
Drpartmant all
rightn of
labor cthtr than
the right to
nlrikR nr organizr
oNy work
Moppage,
slowdown or mass
absenteeism,
Wnrcfarn,
fire fightorn Mal!
not mtrike,
or organize
any work
oMppago, alowdown
or masm
abMentECism
during the term
of this
Ayreemrnt'
EM
nVICLE W VVIEW OF THIS AGREEMENT,
The inhart
and purpose
mf Wim (Agroemort
is to 4 stab3ish agrmmd
upon Wagapi
hu"i s, trrmm
nnd cnrdltions
of omployment for all FirF,�
fighters in
thy bargaining
un5t reprosentcd
by -the Union, which
Pog-P, huuin,
termn snd
conditions of
employment mhall bo seL as
forth in this
ngrumment
for the term of
thim Agraement uQuis changus
are mutually
agreed upon
between the City
and the Union
rt' RFICLE 49. PROMOTIONAL EXAMINATION REDUIREMENTS.
rho City of RuWu reserves the right to establish such minimu�'i1
job descriptions (mpecifications) and education, experience an(,J
service requirements to determine eligibility for civil service
temting and appointment for entry level fire fighters, as it deems
appropriate. nny ordinance in conflict with such right to astablish
minimum requiremmnLs for entry 3evel fi12 fighters shall, insofar as
samo may be applicable to fire fighters, be deemed repealed and be o+
no force or effeat,
The following minimum service requlab ements,shell be ee ➢rarequiSUE
to Civil Bervice Fire Department promotional emaminationst
(11 For Fire Engineer, Fire Fighter/EMT and Fire Preventiol
Inspector, three Q? years service as a Fire Fighter with the City ol,:
Pueblo. For Fire Fighter/EMT, must possess a current
Emergency Medical Technician Basic Certificate
12) For Captain, a total YF five 15) years combined service in
the Five Fighter, Engineer, Fire Fighter/EMT or Fire Preventiorl
Inspector Wassification with the City of Pueblo.
(3) For Assistant Chief, three (3) "ti,P e r a f a.. o service as a Captab'�
with the City of Pueblo,,
(4) For Fire Marshal, three C31 years service as a FWr�
Prevention Inspector with the City of Pueblo.
57
nPTICLE 50. REPWCEMENT.
Any fire fightar laid
off shall, with the approval of the
Manager, have the right to
replace another firq fighter without
projudice 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 W4 has more total service in the
clams involved, together
with 7ervice in a higher class or parallel
clasn (engineer, fire fighter/EMT,
or fire prevention inspectmr)
within the same Unm of promotion, than does the fire fighter to be
rnplaced; and
(3) The fire fighter
laid off is qualified for the duties of We
lower .lu°of position as determined by the Director; and
(4) The fire fighter
to be replaced occupies a lower position V
the line of promotion to
the position from which the fire fighter has
bemn laid WK,
7 h'i efinc 1, IDA IrAal' I? S e�, a
-'L 1, s s� : al I e fna i 6 -ii E:A, Fectil %,re tl tr ougt, 1), e c e rin, b e r, 31 , 1986!,
m
ARTICLE 52. SAFETY.
QQQn,j. The City recognizes its responsibility to provide
safe working conditions, and the Union recognizes its obligation to
V ooperate in the maintenance and improvement of those conditinns.
QUatign,2. The City agrees to establish a safety committhe
consisting of a representative of the Union and a representative o,f
the City.
PogtLga,T. The safety committee will considor and make
recomendations concerning safety problems. Racommendations wil],
include technical supporting information where applicable,,,
Uzi, gQUa,j. The safety committee s all convene within a
reasonable tYeme 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 an safety matters raised by the Unian 1i
within ten (1 0) days after thnog meeting.
9egQRn,T. Whenever possible, Department personnel will,
implement safety recommendations of the Safety Committee,,,
60
CEII
y minl; filluMll a�MoWlts S!5et f cw-fJ,� in 1:hv,
Immunity �'l(!�A: iil�alpractim:2. I iabi"lity insiuranr!!,e
F'j t-c� Fj ghb!TN- d" EMI". whi I ta Etictillg i'll 1:111lE,111- r",Elq'ja,citflv ias all
of the City and vih,,ile licensed [�!,y t.,he State of
int
EnterLL
'�pl
'$7 4- ��' d a y o f
i�!cf into this _,yu-'wuf 1955.
CITYOF.PUEBLO
X
e
By
"0 41
Pr F4",
APPROVED AS TO FORM.
........ ..... .... . ..
4 .
Thomas E.
City Attorn,,!�,''
� den
"laex
Secretary