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ORDINANCE NO. 9222
AN ORDINANCE APPROVING AN AMENDMENT TO THE
COLLECTIVE BARGAINING AGREEMENT BETWEEN THE
CITY OF PUEBLO AND THE INTERNATIONAL ASSOCIATION
OF FIRE FIGHTERS LOCAL 3 RELATING TO PROBATIONARY
PERIOD FOR APPOINTMENTS FROM A REEMPLOYMENT
LIST
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Amendment to the Collective Bargaining Agreement between the City of Pueblo
and the International Association of Fire Fighters Local 3, a copy of which is attached hereto,
having been approved as to form by the City Attorney, is hereby approved and enacted as an
Ordinance.
SECTION 2.
The President of City Council is authorized to execute and deliver the Amendment
in the name of the City, and the City Clerk is directed to affix the seal of the City thereto
and attest same.
SECTION 3.
The officers and staff of the City are directed and authorized to perform any and
all acts consistent with the intent of this Ordinance to effectuate the policies and
procedures described herein.
SECTION 4.
This Ordinance shall become effective immediately upon final passage.
INTRODUCED December 26, 2017
BY: Ed Brown
MEMBER OF CITY COUNCIL
PASSED AND APPROVED: January 8, 2018
City Clerk’s Office Item # R-4
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: December 26, 2017
TO: President Stephen G. Nawrocki and Members of City Council
CC: Sam Azad, City Manager
VIA: Brenda Armijo, Acting City Clerk
FROM: Shawn Shelton, Fire Chief – Fire Department
SUBJECT: AN ORDINANCE APPROVING AN AMENDMENT TO THE COLLECTIVE
BARGAINING AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 3 RELATING TO
PROBATIONARY PERIOD FOR APPOINTMENTS FROM A REEMPLOYMENT
LIST
SUMMARY:
Attached is an agreement between the City of Pueblo and the International Association of
Firefighters Local 3 regarding a probationary period for appointments hired from a reemployment
list.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
The purpose of the amendment is to establish a six month “at will” probationary period for any
employee that is brought back to work through the rehire list. Previously the contract was silent
on a probationary period of this type. This change was requested by Fire Chief Shawn Shelton
and ratified by the union membership.
FINANCIAL IMPLICATIONS:
None.
BOARD/COMMISSION RECOMMENDATION:
Not applicable.
STAKEHOLDER PROCESS:
Not applicable.
ALTERNATIVES:
None.
RECOMMENDATION:
Approval of the Ordinance.
Attachments: Amendment
AMENDMENT TO COLLECTIVE BARGAINING AGREEMENT
This AMENDMENT TO COLLECTIVE BARGAINING AGREEMENT is entered into
as of the`14`' day of 3 ANuA04 .20/is ,2&11 between Pueblo,a Municipal Corporation(the
"City") and the International Association of Fire Fighters Local 3 (the "Union").
WHEREAS, the City and Union are currently parties to a collective bargaining agreement
and successor agreement expiring December 31, 2018 (the "Labor Agreement").
WHEREAS, the Labor Agreement does not clearly reflect the probationary status of
employees who are appointed from a reemployment list pursuant to Civil Service Rules 33 and 35
of City ("Reemployment List").
WHEREAS, Union agrees to the Amendment herein set forth as it will encourage City in
exercising its discretion to appoint from a Reemployment List and clarify any ambiguity currently
set forth in the Labor Agreement.
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and agreements
to be performed as herein set forth, the parties agree as follows:
1. Section 2 of Article 40 of the Labor Agreement is hereby amended to read as
follows:
Section 2. Whenever a former Fire Fighter is reemployed in the same class
after a voluntary separation from the City service of not more than two
years,which separation was not by action of the City or due to discreditable
circumstances, such Fire Fighter may, with the approval of the City
Manager, receive the rate in the salary schedule corresponding to the step
rate received at the time of separation and shall subsequently serve thereat
for at least such period as is normally required for advancement to the next
higher step or salary rate. Notwithstanding the level set for the entrance
salary rate, every Fire Fighter who is appointed from a reemployment list
pursuant to Civil Service Rules 33 and 35 shall serve a probationary period
of six months and may be removed and dismissed with or without cause
during the probationary period.
2. Each person signing this Amendment on behalf of a party represents and warrants
that he or she has the requisite power and authority to enter into, execute and deliver this
Amendment on behalf of such party and that this Amendment is a valid and legally binding
obligation of such party enforceable against it.
3. This Amendment represents the entire agreement between the Parties with respect
to its subject matter and supersedes all prior discussions or understandings that the parties
may have with respect to same. The Labor Agreement, as amended by this Amendment,
shall remain in full force and effect.
•
Executed and effective the day and year first above written.
INTE' ► • TIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL NO. 3
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By:e,
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CITY OF P BLO
By: ,,.64).0
'resid: t of City Council
ATTEST:
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Ac-iinc) City Clerk