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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