HomeMy WebLinkAbout05884ORDINANCE NO. 5884
AN ORDINANCE APPROVING A COLLECTIVE BARGAINING
AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION AND INTERNATIONAL ASSOCIATION OF FIREFIGHTERS,
LOCAL 3, FOR THE CALENDAR YEAR 1995
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO that:
SECTION 1
The Collective Bargaining Agreement to be entered into July
25, 1994, between the City of Pueblo, a Municipal Corporation and
International Association of Fire Fighters, Local 3, for the calendar
year 1995, the original of which is on file in the office of the City
Clerk, is hereby approved.
SECTION 2
The President of the City Council is authorized and directed
to execute the Agreement for and on behalf of the City of Pueblo and
the City Clerk is directed to affix the seal of the City thereto and
attest same.
INTRODUCED: July 11, 1994
BY JOHN CALIFANO
COUNCIL PERSON
ATTEST:
A ' �-X"a
CITY CLERK
APPROVED:
P I NT OF THE CITY COUNCIL
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
CITY OF PUEBLO
" Jw
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS
LOCAL 3
COMMENCING JANUARY 1, 1995
TABLE OF CONTENTS
ARTICLE
PAGE
PREAMBLE
1
DEFINITIONS
2
ARTICLE
1.
RECOGNITION
3
ARTICLE
2.
DUES CHECKOFF AND INDEMNIFICATION
4
ARTICLE
3.
UNION SECURITY
5
ARTICLE
4.
DISCRIMINATION
6
ARTICLE
5.
PREVAILING RIGHTS
7
ARTICLE
6.
RIGHTS OF MANAGEMENT
8
ARTICLE
7.
RULES AND REGULATIONS
10
ARTICLE
8.
PRODUCTIVITY
11
ARTICLE
9.
OVERTIME PAY
12
ARTICLE
10.
WAGES
13
ARTICLE
11.
BASIC RATE OF PAY
14
ARTICLE
12.
TUITION REFUND
15
ARTICLE
13.
MILITARY LEAVE
16
ARTICLE
14.
AUTOMOBILE ALLOWANCE
17
ARTICLE
15.
SHIFT CHANGE
18
ARTICLE
16.
FUNERAL LEAVE
19
ARTICLE
17.
LONGEVITY PAY
20
ARTICLE
18.
RATE OF PAY FOR WORKING IN HIGHER CLASS
21
ARTICLE
19.
HOLIDAYS
22
ARTICLE
20.
VACATION LEAVE
24
ARTICLE
21.
APPENDICES AND AMENDMENTS
26
ARTICLE
22.
CLOTHING ALLOWANCE
27
ARTICLE
23.
WORK SCHEDULES
28
ARTICLE
PAGE
ARTICLE
24.
FAMILY MEDICAL COVERAGE
29
ARTICLE
25.
GRIEVANCE PROCEDURE
30
ARTICLE
26.
DISABILITY PAYMENTS - -FIRE DEPARTMENT PERSONNEL
32
ARTICLE
27.
SAVINGS CLAUSE
33
ARTICLE
28.
SICK LEAVE
34
ARTICLE
29.
UNION ACTIVITY
36
ARTICLE
30.
INJURY LEAVE
37
ARTICLE
31.
SPECIAL LEAVE
38
ARTICLE
32.
ABSENCE WITHOUT LEAVE
39
ARTICLE
33.
STATION TRANSFERS
40
ARTICLE
34.
LONGEVITY COMPENSATION DURING LEAVE
41
ARTICLE
35.
ORDER OF REDUCTION
42
ARTICLE
36.
ENTRANCE SALARY RATES
43
ARTICLE
37.
APPOINTMENT PROBATIONARY
44
ARTICLE
38.
PARTIALLY DISABLED EMPLOYEES; LIGHT DUTY
45
ARTICLE
39.
ABOLITION OF POSITION
46
ARTICLE
40.
REINSTATEMENT AND REEMPLOYMENT
47
ARTICLE
41.
APPOINTMENT TO VACANCY
48
ARTICLE
42.
RATE OF PAY ON DEMOTION
50
ARTICLE
43.
RECLASSIFICATION
51
ARTICLE
44.
REPORTING CHANGES IN DUTIES; RECLASSIFICATION
52
ARTICLE
45.
APPEAL FROM CLASSIFICATION OR RECLASSIFICATION
53
ARTICLE
46.
VACANCIES
54
ARTICLE
47.
STRIKES - DISRUPTION OF SERVICE
55
ARTICLE
48.
INTENT OF THIS AGREEMENT
56
ARTICLE
49.
PROMOTIONAL EXAMINATION REQUIREMENTS
57
ARTICLE
PAGE
ARTICLE
50.
REPLACEMENT
58
ARTICLE
51.
DURATION OF AGREEMENT
59
ARTICLE
52.
SAFETY
60
ARTICLE
53.
LIABILITY INSURANCE
61
ARTICLE
54.
SMOKE FREE WORKPLACE
62
PREAMBLE
This Agreement is entered into by and between the City of
Pueblo, hereinafter referred to as the City, and International
Association of Fire Fighters Local #3, hereinafter referred to as the
Union. The City and the Union may also hereinafter be referred to
severally as a party, and jointly as the parties.
It is the purpose of this Agreement to achieve and maintain
harmonious relations between the Employer and the Union; to provide
for equitable and peaceful adjustment of differences which may arise,
and to establish proper standards of wages, hours and other
conditions of employment.
1
DEFINITIONS
"Fire Chief" shall mean the Fire Chief, acting Fire Chief, or the
designee of either.
"City Manager" shall mean the City Manager, acting City Manager or
the designee of either.
"Director" shall mean the Director of Personnel or his designee.
"Fire Fighter" shall mean any member of the classified service of the
fire department so defined in sec. 8- 14(a)(1) of the City
Charter.
"Group A fire fighters" shall mean those fire fighters whose normal
work schedule consists of 8 hour shifts or parts thereof,
unless such firefighters work a flex time schedule approved by
the Fire Chief under Article 23.
"Group B fire fighters" shall mean those fire fighters whose normal
work schedule consists of 24 hour shifts or parts thereof.
"Day" shall mean calendar day unless otherwise modified or defined
herein.
"Modified Duty" shall mean the assignment of an employee to work with
medical restriction of duty either in the employee's regular
class of in another class in the fire department during any
period in which the fire fighter would otherwise be eligible
for injury leave benefits.
Unless otherwise specified herein, words used in this Agreement shall
have the same meaning as are given them in Section 6 -3 -1 of the 1971
Code of Ordinances in effect on April, 1983.
F
ARTICLE 1. RECOGNITION
The City recognizes the Union as the sole and exclusive
collective bargaining agent for all fire fighters.
ARTICLE 2. DUES CHECKOFF AND INDEMNIFICATION.
The City shall deduct on a regular basis dues and fees from the
pay of all fire fighters who hereafter voluntarily authorize such
deduction in writing on a form provided for this purpose by the Union
or the City; the form to be as set forth below; the Union will
initially notify the City as to the amount of dues, or dues and
initiation fees, to be deducted. Such notification will be certified
to the City in writing over the signature of the authorized officer
or officers of the Union. Changes in the Union membership dues or
fees will be similarly certified to the City and shall be done at
least one month in advance of the effective date of such change.
The City will remit to the Union sums within thirty (30) days after
date of deduction.
The Union shall indemnify, defend, and hold harmless the City,
and its officers, agents or employees against any and all claims,
demands, suits, or other forms of liability that may arise out of, or
result from, any action taken by it or them in order to comply with
this Article, except negligent acts for which it or they shall be
responsible.
PAYROLL DEDUCTION AUTHORIZATION
NAME:
DEPARTMENT:
EFFECTIVE DATE:
I hereby request and authorize the City of Pueblo to deduct from
my earnings, once each month, union dues and assessments, as well as
any increases in such dues and assessments, as established by the
Union. I further request and authorize Local No. 3, IAFF to certify
to the City of Pueblo the amount to be deducted as well as any
increases in such union dues and assessments. The amount deducted
shall be remitted to the Treasurer of Local No. 3, IAFF, the sole and
exclusive Collective Bargaining Agent of the Fire Fighters.
I hereby waive all rights in or claims to the amounts so
deducted and remitted, and also relieve the City, the Union, and all
officers, agents or employees of either, from liability for such
amounts.
DATE:
SIGNATURE
H
ARTICLE 3. UNION SECURITY.
Section 1 . No fire fighter shall be required to become a member
of the Union as a condition of his employment or continued employment
by the City, and there shall be no discrimination against any fire
fighter on account of his membership or non - membership in the Union.
Section 2 . It is recognized that all fire fighters may or may
not join the Union, at the individual's discretion.
Section 3 . It is further recognized that the Union, as the
exclusive bargaining representative of all fire fighters, owes the
same duties to all fire fighters whether Union members or not, and
provides benefits and services to all firefighters whether Union
members or not.
Therefore, as a condition of employment, upon completion of the
entrance probationary period of all fire fighters, as defined under
Section 8 -14 (a) of the Charter of the City of Pueblo, shall be
required to pay to the Pueblo Fire Fighters Local No. 3 an amount not
to exceed the normal dues and assessments required of members of
Local No. 3 as a service charge for the administration of this
Agreement. Failure of a fire fighter to pay such dues or assessments
shall be grounds for disciplinary action including discharge by the
City against such fire fighter.
5
ARTICLE 4. DISCRIMINATION.
The City and the Union recognize that they are subject to and
this Agreement is subordinate to certain local, state and federal
laws prohibiting discrimination based on race, color, religion, sex,
national origin, politics, age, handicap, or affiliation or
non - affiliation with a labor organization.
ARTICLE 5. PREVAILING RIGHTS.
All ordinances and working conditions in effect on March 1,
1983, pertaining to fire fighters, which are not included in this
Agreement, shall remain in full force, unchanged and unaffected in
any manner, during the term of this Agreement unless changed by
mutual consent.
7
ARTICLE 6. RIGHTS OF MANAGEMENT.
Section 1 . Except as otherwise specifically provided in this
Agreement, the City has the sole and exclusive right to exercise all
the rights or functions of management, and the exercise of any such
rights or function shall not be subject to any grievance procedure,
except as to resolution of whether or not a specific matter is a
management right. Without limiting the generality of the foregoing,
as used herein, the term "Rights of Management" includes:
(a) The determination of Fire Department policy, including the
right to manage the affairs of the Fire Department in all respects;
(b) The right to assign working hours, including overtime;
(c) The right to establish, modify or change work schedules,
manning of apparatus in the main or reserve fleet, etc.;
(d) The right to assign fire fighters to other duties within
the Fire Department when their apparatus is out of service;
(e) The right to direct the members of the Fire Department,
including the right to hire, promote, or transfer any fire fighter
within the Fire Department;
(f) The table of organization of the Fire Department, including
the right to organize and reorganize the Fire Department in any
manner it chooses, including the size of the Fire Department and the
determination of job classifications and positions within classes
based upon duties assigned.
(g) The determination of the safety, health and property
protection measures of the Fire Department;
(h) The allocation and assignment of work to fire fighters
within the Fire Department;
(i) The determination of policy affecting the selection or
training of fire fighters;
(j) The scheduling of operations and the determination of the
number and duration of hours of assigned duty per week;
(k) The establishment, modification and enforcement of Fire
Department rules, regulations, and orders;
(1) The transfer of work from one position to another within
the Classified Service of the Fire Department;
(m) The introduction of new, improved or different methods and
techniques of operation of the Fire Department or a change in
existing methods and techniques;
(n) The placing of service, maintenance or other work with
outside contractors or other agencies of the City;
8
(o) The determination of the number of classes and the number
of fire fighters within each class;
(p) The determination of the amount of supervision necessary.
Section 2 . No discretionary power vested in the City or in the
Fire Chief shall be exercised in an arbitrary or capricious manner.
9
ARTICLE 7. RULES AND REGULATIONS.
All fire fighters shall comply with all
and regulations. Any alleged violations by
fighter of a departmental rule or regulation
grievance procedure set out in Article 25.
Fire Department rules
either the City or fire
shall be subject to the
10
ARTICLE 8. PRODUCTIVITY.
Section 1 . The Union and the City recognize that increased
productivity will require the continuation of improvements and
technological progress through new methods, techniques and equipment
which will contribute to improved quality and efficiency of fire
protection for the citizens of Pueblo. The Union and the City will
act in good faith and with a cooperative attitude to achieve these
ends.
11
ARTICLE 9. OVERTIME PAY.
Section 1 . Fire fighters shall be compensated for overtime work
at the rate of time and one -half, in cash, when requested to work
such overtime by the Chief of the Department. Only such hours as are
worked in excess of the prescribed daily work shift shall be so
compensated.
Section 2 . Any fire fighter called back to work prior to the
beginning of his next regular shift shall be compensated for a
minimum of four (4) hours at the rate of one and one -half (1 1/2) his
regular rate of pay as provided in Section 1 of this Article. If a
fire fighter is moved from one shift to another he shall work the
first half (day shift) of the shift being moved from the second half
(night shift) of the shift he is being moved to.
Section 3 . Any overtime or call -back compensation provided for
in this Article may, at the discretion of the fire fighter, and
subject to the requirements of the Fair Labor Standards Act, be taken
as time off regularly scheduled work hours at the rates provided in
this Article, provided that the time be taken off must be approved by
the Chief.
Section 4 . Fire fighters actually contacted and requested to
work overtime during an emergency shall respond to such emergency.
Section 5 . Section 1 above rather than Section 2 shall apply to
any fire fighter required to hold over at the end of a shift for a
maximum of two hours for purposes of attendance at meetings, or
training sessions.
12
ARTICLE 10. WAGES.
Section 1 . During the term of this Agreement, fire fighters
shall be paid at the following grades and basic rates of pay:
Section 2 . Each firefighter who has completed a course of study
in hazardous materials approved by the Fire Chief, and is a certified
Hazmat Technician, and is permanently assigned to the Hazmat Response
Team, shall receive an additional $50.00 per month while assigned to
the Hazmat Response Team, provided that a maximum of five (5) fire
personnel on each shift will be so compensated. There will be no
step up to this position.
Any firefighter assigned to the Hazmat Response Team shall
obtain certification at the Hazmat Technician level within one year.
Failure to do so will result in transfer by the Chief.
Firefighters permanently assigned to the Hazmat Response Team
effective January 1, 1995, will continue this assignment without the
need to rebid their shift or station.
13
Grade
Salary
Assistant Fire Chief
39
3625
Training Officer
39
3625
Fire Captain
30
2933
Assistant Training Officer
30
2933
Emergency Medical Officer
28
2788
Fire Engineer
25
2613
Fire Medic
25
2613
Fire Prevention Inspector
25
2613
Fire Fighter IV
23
2496
Fire Fighter III
19
2274
Fire Fighter II
16
2123
Fire Fighter I
13
1984
Section 2 . Each firefighter who has completed a course of study
in hazardous materials approved by the Fire Chief, and is a certified
Hazmat Technician, and is permanently assigned to the Hazmat Response
Team, shall receive an additional $50.00 per month while assigned to
the Hazmat Response Team, provided that a maximum of five (5) fire
personnel on each shift will be so compensated. There will be no
step up to this position.
Any firefighter assigned to the Hazmat Response Team shall
obtain certification at the Hazmat Technician level within one year.
Failure to do so will result in transfer by the Chief.
Firefighters permanently assigned to the Hazmat Response Team
effective January 1, 1995, will continue this assignment without the
need to rebid their shift or station.
13
ARTICLE 11. BASIC RATE OF PAY.
The basic hourly rate of pay equals the annual salary as set
forth in Article 10 divided by:
(1) 2920 Hours for Group B fire fighters.
(2) 2086 Hours for Group A fire fighters.
14
ARTICLE 12. TUITION REFUND.
Upon recommendation of the department head and after prior
approval of the City Manager, the City of Pueblo may reimburse a
permanent, full -time fire fighter upon successful completion of an
approved course or courses in education or vocational training. The
course or training must be related to the work, be designed to
improve competence in the job, and be of value to the fire fighter's
service to the City. The amount to be reimbursed will not exceed
ninety percent (90 %) of the cost of tuition, fees, and books.
15
ARTICLE 13. MILITARY LEAVE.
Section 1 . Any permanent fire fighter who presents official
orders requiring his attendance for a period of training or active
duty as a member of the military service shall be entitled to
military leave for a period or periods not to exceed a total of
fifteen (15) calendar days in any one year and he shall be entitled
to full pay from the City for such period, provided that any military
pay received for shifts taken as military leave by the fire fighter,
less travel and meal allowance, shall be paid to the City. Military
leave shall be in addition to, and may not be concurrent with,
authorized vacation leave. Such fire fighter may take one shift of
vacation or personal leave either immediately before or immediately
after his military leave.
16
ARTICLE 14. AUTOMOBILE ALLOWANCE.
A fire fighter who is required or specifically authorized by the
Chief to operate a private automobile in conduct of City business
shall be paid mileage of twenty five ($.25) per mile for such travel.
17
ARTICLE 15. SHIFT EXCHANGE.
Fire fighters shall have the right to exchange shifts when the
change does not interfere with the operations of the Fire Department.
Operational interference shall be determined by the Chief or his
representative. The Chief shall not act in an arbitrary or
capricious manner.
Fire fighters shall have the right to exchange banked vacation
for shifts worked, in blocks of either 12 or 24 hours, subject to the
restrictions set out above, provided that no such exchange results in
any fire fighter exceeding the maximum banked vacation allowable
under Article 20 herein, and provided that no such exchange results
in liability for the payment of overtime compensation by the City.
Neither the City of Pueblo or the Fire Department is responsible
for any problems arising out of shift exchanges, including any time
not paid back. The firefighter who agreed to work an exchanged shift
shall remain responsible for said shift. In case a firefighter who
has agreed to work an exchanged shift fails to do so for any reason
(including sick leave) that firefighter shall be charged one vacation
shift. If the department is required to assign any overtime, one and
one half (1 1/2) shifts of vacation shall be charged to that
firefighter.
W?
ARTICLE 16. FUNERAL LEAVE.
Section 1 . In the event of a death in the immediate family of a
fire fighter, the fire fighter shall be granted leave, with pay from
the time of death, plus seven (7) consecutive days.
The immediate family shall be defined as father, mother,
brother, sister, husband, wife, child, mother -in -law, father -in -law,
grandparent, grandchild, or relative residing in the same household
with the employee.
Section 2 . Funeral leave shall be a special administrative
leave, which is not accrued, not subject to any maximum, and not
charged against any other accrued leave benefits, if the funeral
leave is used because of the death of any employee's spouse or
child. Any other allowable use of funeral leave shall be charged
against earned sick leave.
Section 3 . (a) Funeral leave not to exceed four hours shall be
granted for attendance at the funeral of a relative of the fire
fighter outside his immediate family or for actual service as a
pallbearer at any funeral. An additional amount of time up to 8
hours may be granted, if no manpower problem is generated.
(b) Fire fighters may be granted funeral leave not
to exceed four hours for attendance at the funeral of a deceased fire
fighter, provided a working schedule can be arranged by the Fire
Chief that does not materially impair the capability of the
department to fulfill its duties to the public.
(c) Accrued vacation leave or leave without pay may
be granted by the Fire Chief for further funeral purpose.
19
ARTICLE 17. LONGEVITY PAY.
Fire Fighter Personnel Commencing with the month following
completion of five years of actual continuous service as a full -time
fire fighter in the Fire Department of the City, each such fire
fighter shall receive, in addition to all other compensation for
full -time services, the amount of Twenty -Five Dollars (25.00) per
month; following ten (10) years of such service, Thirty -Five Dollars
($35.00) per month; following fifteen (15) years of service,
Forty -Five Dollars ($45.00) per month; following twenty (20) years of
such service, Fifty -Five Dollars ($55.00) per month. In no event
shall longevity compensation exceed Fifty -Five Dollars ($55.00) per
month.
20
ARTICLE 18. RATE OF PAY FOR WORKING IN HIGHER CLASS.
When a fire fighter is assigned to and performs the duties of a
higher classification for a period of four (4) hours for a Class A
fire fighter or four (4) hours for a Class B fire fighter, or longer,
the fire fighter will be paid for the duration of such service the
following increases:
ACTING RANK SALARY INCREASE
Fire Medic, Engineer, Inspector, Emergency To current rate for
Medical Officer class
Captain, Assistant Training Officer To current rate for
class
Assistant Chief, Training Officer Six (6) grades
Chief Four (4) grades
21
ARTICLE 19. HOLIDAYS.
Section 1 . Group A. Fire fighters shall receive the following
days off with full pay:
(a)
The
first day of January (New Year's Day)
(b)
The
third Monday in January (Martin Luther King Day)
(c)
The
third Monday in February (President's Day)
(d)
The
last Monday in May (Memorial Day)
(e)
The
fourth day of July (Independence Day)
(f)
The
first Monday in September (Labor Day)
(g)
The
second Monday in October (Columbus Day)
(h)
The
fourth Thursday in November (Thanksgiving Day)
(i)
The
day after Thanksgiving
(j)
The
twenty -fifth day of December (Christmas Day)
For Group A fire fighters only, when any holiday listed above
falls on Saturday, the preceding Friday shall be observed as the
holiday; when the holiday falls on Sunday, the following Monday shall
be observed as a holiday. In addition to the above, any day may be
designated as a holiday by proclamation of the Council President
upon approval of the City Council. Group A fire fighters shall
receive forty (40) hours of personal leave during each calendar year
of employment.
Section 2 . Group B fire fighters shall receive six (6) shifts
of personal leave during each calendar year of employment in lieu of
holidays.
Section 3 . Each employee working for the City on any election
day shall be allowed such time off as is necessary to vote. Such
time off shall be scheduled by the Chief.
Section 4 . Personal Leave.
(a) Personal leave time may be granted, with pay, for any one
of the following purposes:
(1) Time lost as a result of illness or injury of the fire
fighter's immediate family.
(2) To attend to personal business.
(3) Leisure activities.
(b) The City will compensate Group A fire fighters for no more
than sixteen (16) hours of unused personal leave time and will
compensate Group B fire fighters for no more than two shifts of
unused personal leave time at the fire fighter's regular rate of pay,
such compensation to be paid the last pay period in December of each
year. Personal leave time shall not exceed the levels indicated
above, nor shall it be accumulated or carried over from one year to
the next. Personal leave shall be scheduled and administered under
the direction and with the approval of the Fire Chief. In the event
of illness, injury or emergency in which personal leave is requested,
the fire fighter shall notify his supervisor at least one (1) hour
prior to scheduled reporting time.
22
(c) At least three (3) shifts of personal leave granted to
Group B fire fighters shall be scheduled to be taken at the time
vacations are scheduled. Except in the case of illness, injury or
emergency requests for personal leave by any fire fighter shall be
made at least five (5) days prior to the day the leave is to be
taken.
(d) If an employee is unable to use personal leave
sickness, injury or inability of the Fire Department to
his request for use of personal leave, then the employee
for all unused personal leave including that beyond the
and two shifts, as specified in subsection (b) above.
due to
comply with
will be paid
sixteen hours
23
ARTICLE 20. VACATION LEAVE.
Section 1 . Group A fire fighters shall be allowed vacation
leave with full pay at the rate of:
- 12 shifts for one year continuous service with the City of
Pueblo;
- 15 shifts for five years continuous service with the City of
Pueblo;
- 18 shifts for ten years continuous service with the City of
Pueblo;
- 21 shifts for fifteen years continuous service with the City
of Pueblo.
Section 2 . Group B fire fighters shall be allowed vacation
leave with full pay at the rate of:
- 6 shifts for one year continuous service with the City of
Pueblo;
- 7 shifts for five years continuous service with the City of
Pueblo;
- 8 shifts for ten years continuous service with the City of
Pueblo;
- 10 shifts for fifteen years continuous service with the City
of Pueblo.
Section 3 . Vacation leave may be granted in minimum and maximum
periods as provided by the Fire Chief, with the approval of the City
Manager, provided vacation leave will not be granted in excess of
vacation credit earned prior to the starting date of leave.
Section 4 . The fire fighter with the longest length of service
in the Fire Department shall be given the first choice of accrued
vacation dates; the next senior fire fighter in the Fire Department,
the second choice; and the like for succeeding conflicts, if any.
Section 5 . If, in the discretion of the City Manager, an
emergency exists, a fire fighter may be granted the equivalent in
money, of vacation leave which such fire fighter is entitled for that
year.
Section 6 . At the termination of service with the Fire
Department, for any reason, of any fire fighter covered by this
Agreement said fire fighter shall receive compensation in full at his
regular rate of pay for all accumulated vacation allowance due him at
the termination of his service, in addition to all accumulated sick
leave to which he is entitled according to Article 28. Upon the
death of a fire fighter covered by this Agreement, the cash benefits
attributable to fire fighter's accumulated vacation allowance, and
all accumulated sick leave to which he is entitled according to
Article 28, shall be paid to the fire fighter's surviving spouse, or
if there be no surviving spouse then to the fire fighter's surviving
child or children, or if there be no surviving child or children,
then to the fire fighter's estate.
24
Section 7 . A fire fighter may accrue up to one year of annual
vacation. If the fire fighter desires he may put all or part of his
accrued vacation in bank up to twice his annual vacation. Banked
vacation may be taken at a later date in accord with the following
procedure:
(a) Requests shall be made in writing within the thirty (30)
day period prior to the shift desired.
(b) Requests shall be considered on a first come first serve
basis unless two or more requests are received during the same 24
hour (7:00 a.m. - 7:00 a.m.) period when the senior fire fighter
shall have priority in this case.
(c) Confirmation by the Chief of the shift requested shall be
no less than two (2) shifts before the shift desired.
(d) Two men over the minimum manpower for that shift may be
kept for sick leave.
25
ARTICLE 21. APPENDICES AND AMENDMENTS.
All appendices and amendments to this Agreement shall be
numbered, dated and signed by both responsible parties and shall be
subject to all provisions of this Agreement.
26
ARTICLE 22. CLOTHING ALLOWANCE.
Section 1 . The City shall provide to each fire fighter those
uniform components, excluding shoes, socks, belts, underwear and
sleeping apparel, which were required by departmental regulation or
order as of June 1, 1991. Each fire fighter shall wear approved and
appropriate sleeping apparel as required by such departmental
regulation or order. The City shall not reduce the safety standard
which the current uniform provides. In addition the City shall pay
each fire fighter $180.00 per year for the maintenance of these
uniforms, on or before January 20 in each year of this agreement.
27
ARTICLE 23. WORK SCHEDULES.
Section 1 . Group B fire fighters shall work a work schedule
consisting of twenty -four (24) hour shifts for an average work week
of fifty -six (56) hours. This will be implemented by the use of a
three (3) platoon system with each fire fighter working one (1)
twenty -four (24) hour shift followed by two (2) days off. A
twenty -four (24) hour shift for all fire fighters except Assistant
Fire Chiefs shall be from 7:00 a.m. to 7:00 a.m. with a relief period
of 30 minutes prior to shift change, when properly relieved after
6:30 a.m. The twenty -four (24) hour shift for Assistant Fire Chiefs
shall be from 6 a.m. to 6 a.m. with a relief period of 30 minutes
prior to shift change, when properly relieved after 5:30 a.m.
Section 2 . Group A fire fighters shall work their regularly
scheduled hours between Monday and Friday between the hours of 7:00
a.m. and 5:00 p.m. The Chief shall have the discretion to determine
at what time within these hours the work day shall commence.
Section 3 . The Fire Chief may implement a flex time program for
Group A firefighters if he desires. The Chief retains the right to
return Group A firefighters to normal schedule at any time. Flex
time hours shall be between 7 a.m. and 7 p.m.
EN:
ARTICLE 24. FAMILY MEDICAL COVERAGE.
Commencing January 1, 1992 the City shall contribute for each
fire fighter up to the full monthly premium of a single member for a
health care plan such as Blue Cross /Blue Shield Custom Plus plan
provided to the non - bargaining employees of the City or equivalent
plan. The City shall also contribute up to $125.00 per month toward
the cost of family coverage under such plan, provided that the
maximum contribution by the City shall not exceed $252.00 per month,
in addition to the $50.00 per month benefit pool established herein.
The Union and City will meet and confer in the determination of
hospital and medical benefits to be provided under such health care
plan; provided however, if the Union and City are unable to mutually
agree as to the benefits to be provided under such health care plan,
the City reserves the right to determine and select such benefits as
well as the insurance company or other provider of health care
benefits for such plan; provided further that such benefits will be
comparable to those described herein. However, if an employee lives
outside the service area of such plan, the City reserves the right to
pay to such individual the City's contribution under the plan.
Each fire fighter shall be paid $50.00 per month as a benefit
pool. Each fire fighter has the annual option exercisable in writing
on or before September 15 of each year to elect to have all or part
of the $50.00 to be paid monthly hereunder to apply toward his family
medical insurance. If the option is timely exercised, it shall be
binding for the full calendar year next after exercise. If the
option is not timely exercised, the $50.00 shall be payable on or
before the 20th of each month.
29
ARTICLE 25. GRIEVANCE PROCEDURE.
Section 1 . A grievance is a claim that the City has violated an
express provision of this Agreement. Any fire fighter or group of
fire fighters may discuss any matter with their supervisor without
invoking the formal grievance procedure provided for in the Article.
Section 2 . A grievance must be initiated by either an aggrieved
fire fighter or by Local No. 3 on behalf of any one or more
individual fire fighters. The grievant must reduce the grievance to
writing and present the written grievance to the Chief of the Fire
Department within ten (10) days after the grievant knew or should
have known the facts which gave rise to the grievance.
Section 3 . The Chief of the Fire Department shall meet with the
grievant and, if the grievant is an individual, representatives of
Local No. 3 in an effort to resolve the grievance within 5 calendar
days after being presented with the written grievance. The Fire
Chief shall respond to the grievance within seven (7) days following
the meeting with the grievant and /or representatives of Local No. 3.
Section 4 . If the grievant is not satisfied with the answer of
the Chief of the Fire Department, the grievance committee of the
Union may appeal the grievance to the City Manager within 10 days of
receipt of the written answer of the Chief of the Fire Department.
Within 10 days after receipt of the appeal, the City Manager shall
meet with the grievant and if the grievant is an individual, with
representatives of Local No. 3 to discuss the grievance. Within 5
days after this meeting, the City Manager shall give the Union
grievance committee his answer in writing.
Section 5 . If the Union grievance committee is not satisfied
with the answer of the City Manager, a Union officer must give
written notice of intent to arbitrate to the corporate authorities of
the City within fourteen (14) days after receipt of the City
Manager's answer. Representatives of the corporate authorities and
of the Union shall attempt to agree upon an arbitrator within seven
(7) days of submission of the written notice of intent to arbitrate.
In the event the parties are unable to agree upon an arbitrator
within the time limit, either party or its representative may request
the Federal Mediation and Conciliation Service to furnish a panel of
seven arbitrators. The parties shall alternately strike from this
panel until only one name remains. The remaining name shall be the
arbitrator. The arbitrator shall render a decision which is final
and binding upon the parties within thirty (30) calendar days after
hearing the grievance.
Section 6 . The fees and costs of the arbitrator shall be shared
equally by the Union and the City. Each party shall pay its own
costs and expenses of the arbitration.
Section 7 . The findings and decision of the arbitrator shall be
consistent with applicable Colorado law and with the expressed terms
of this Agreement. The arbitrator shall have no power or authority
to add to, subtract from, disregard, alter or modify any of the terms
of this Agreement.
30
Section 8 . Failure of a fire fighter or Union to initiate a
grievance or file written appeal or demand for arbitration within the
time limits specified in this Article shall constitute an irrevocable
waiver of the right to file or pursue such grievance. The City and
the Union may mutually waive any time limitation contained herein.
The parties recognize that such waivers are contrary to the spirit of
the grievance procedure and shall be invoked only for substantial
reasons. Failure of the Fire Chief or City Manager to timely file
his answer to any grievance shall be deemed to be a denial thereof.
However, in all events, the Fire Chief or City Manager must file a
written answer to any such grievance.
Section 9. Notice under this Article shall be given by personal
delivery, if to:
(a) the Union, the president or any member of the Union's
adjustment committee; or
(b) the City, the Fire Chief or City Manager or their
respective secretaries.
31
ARTICLE 26. DISABILITY PAYMENTS - -FIRE DEPARTMENT PERSONNEL.
Section 1 . In any case where a fire fighter shall become
mentally or physically disabled while not on active duty during
regularly assigned hours of duty, and from any cause not
self- inflicted or due to the habitual use of intoxicants or drugs, to
an extent whereby he is unable to perform his regular Fire Department
duties, he shall be paid by the City of Pueblo from funds available
within the Fire Department's annual appropriation starting
immediately after the expiration of paid sick leave benefits and
accrued vacation leave as provided by Article 28 and 20 of this
Agreement, and for the remaining period of such disability, not
exceed one (1) calendar year from the date of such disability, a
monthly benefit equal to two and one -half percent (2 1 /2%) of the
amount of his monthly salary as of the date of his disability;
multiplied by the number of years he has been in active service with
the Fire Department; but any such benefits under this provisions
shall not exceed one -half of his monthly salary as of the date of his
disability.
Section 2 . For the purpose of determining the physical or
mental disability of any such member, the Firemen's Pension Fund
Board established by Section 2 -2 -1 of the Code of Ordinances of the
City of Pueblo shall have jurisdiction. The Board may personally
examine the member and shall appoint one or more physicians or
surgeons to make an examination of the member and report their
findings to the Board, which report shall be taken into consideration
in determining whether the member is physically or mentally disabled.
Section 3 . In the event the State Legislature enacts a statute
removing the 12 month waiting period from C.R.S. 1973, 31 -30 -407
(1)(F)(I) the provisions of this section shall automatically
terminate.
32
ARTICLE 27. SAVINGS CLAUSE.
The provisions of this agreement are severable and the legal
invalidity of any provision or provisions shall not affect or
invalidate other provisions. However, if any provision of this
Agreement should be declared invalid by any court of competent
jurisdiction, then the parties to this Agreement shall meet within
fifteen (15) days from the date they learn of such declaration and
negotiate in good faith for the purpose of agreeing upon a lawful
provision which would accomplish the intent of the parties as
expressed by the provision declared invalid.
33
i ! ►�t i 0 1
ARTICLE 28. SICK LEAVE.
Section 1 . All Group B fire fighters
working shift of sick leave for each month
day of employment. Unused sick leave shall
maximum accrual of 84 working shifts.
shall be allowed 17/24 of a
of service from the first
be accumulated to a
Section 2 . All Group A fire fighters shall be allowed one and
one -half working days of sick leave for each month of service from
the first day of employment. Unused sick leave shall be accumulated
to a maximum accrual of 200 working shifts.
Section 3 . Fire fighters shall
unused paid sick leave for a maximum
fire fighters and three (3) days for
each consecutive twelve (12) months
illness requiring hospitalization of
subject to verification thereof.
be allowed to use accrued and
of one (1) shift for all Group B
all Group A fire fighters in
Eor a life threatening illness or
the employee's spouse or child,
Section 4 . Upon separation due to retirement or death, a Group A
fire fighter shall be paid at his regular rate of pay for all
accumulated sick leave, but not to exceed 120 days; a Group B fire
fighter shall be paid at his regular rate of pay for accumulated sick
leave, but not to exceed 56 working shifts.
Section 5 . In the event of death, such sum shall be paid to the
surviving spouse of such fire fighter. In the event there shall be no
surviving spouse, then such sum shall be paid to the Estate of such
fire fighter.
Section 6 . Separation benefits shall be paid immediately upon
the effective date of separation.
S ection 7 . All Group B fire fighters shall be allowed two
working shifts sick leave without a doctor's slip.
Section 8 . All group A fire fighters will be allowed three
working shifts sick leave without a doctor's slip.
34
Section 9 . Sick leave benefits shall be paid for actual illness
or disability.
Section 10 . A physician's statement certifying the absence from
work was required because of illness or disability or other
reasonable evidence of illness or disability may also be required
whenever any fire fighter requests sick leave for his last scheduled
work shift before a vacation or holiday leave, or for his first
regularly scheduled work shift after a vacation or holiday leave.
Section 11 . City may make reasonable contact with a fire fighter
on sick leave to verify that his absence from work was required
because of actual illness or disability which renders him unable to
perform his duties. Reasonable contact shall not exceed two contacts
during each working shift of sick leave taken without a treating
physician's certificate.
Section 12 . 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 be
presumed to constitute an abuse of sick leave unless the fire fighter
establishes that he was actually ill or disabled and unable to
perform his duties.
Section 13 . If a fire fighter is on sick leave for three (3) or
more consecutive working shifts, the Fire Chief may require the fire
fighter to return to work to perform light duty unless the fire
fighter's treating physician certifies that the fire fighter is
unable to perform light duty.
Section 14 . If a fire fighter is on
the Fire Chief shall not, except in any
City Manager, call the fire fighter back
next regularly scheduled working shift.
sick leave validly taken,
emergency declared by the
to light duty before his
35
ARTICLE 29. UNION ACTIVITY.
Section 1 . Neither the Union, nor its officers, agents,
representatives, or members will intimidate, interfere with, or
coerce fire fighters. No union activity or union business of any kind
will be carried on during working hours without express permission in
advance from the Fire Chief. All requests for leave from duty for
any union business shall be in writing and shall specify name, date,
time, location and purpose of the leave. Violation of this Section 1
of this Article 29 by any fire fighter shall be just cause for
disciplinary action, pursuant to Chapter 10, Title VI of the 1971
Code of Ordinances. Failure of the City to enforce any of the
provisions of this Section 1 of this Article 29 in any one or more
instances shall not be construed a waiver of any of the provisions of
this Section 1 of this Article 29.
Section 2 . No fire fighter shall be discharged, disciplined or
discriminated against because of activity on behalf of the Union
which does not interfere with the discharge of his duties or any
assignments, or violate any of the provisions of this agreement, City
ordinances, statutes, rules or regulations of the department.
Section 3 . The Union shall have the right to post on the
bulletin boards designated by the Fire Chief, within all respective
fire stations and fire offices, notices of union meetings, union
recreational and social affairs, notices of union elections, and
appointments and results of union elections, all of which pertain to
the Pueblo Fire Department. No other postings will be allowed.
Section 4 . When approved by the Fire Chief, two of the principal
officers of the union shall be granted leave from duty with full pay
for conducting necessary Union business. When approved by the Fire
Chief, during and for a reasonable time before bargaining with City
representatives for a successor collective bargaining agreement the
Union Bargaining Committee (not to exceed five persons) shall be
granted leave from duty with full pay to conduct negotiations and
deliberations. No such leave or permissions shall be granted for
lobbying activities in any legislative forum on paid time. The Union
shall endeavor to conduct all necessary Union business during the
non - working time of the greatest number of fire fighters required for
such business, to the greatest extent possible. Said approval shall
be granted by the Chief when said leave would not disrupt or
interfere with the service of the department.
Section 5 . Requests for union business leave shall be made at
least two shifts before the beginning of the shift during which union
business leave is requested whenever possible. The aggregate maximum
amount of time which may be taken as fully paid leave to conduct
union business under this contract shall not exceed three hundred
sixty (360) hours per year, not counting leave for arbitration
hearings, grievance hearings or negotiation meetings for a new
collective bargaining agreement. Any union business leave in excess
of 15 shifts or 360 hours per year shall be charged as vacation leave
or taken as unpaid leave.
36
ARTICLE 30. INJURY LEAVE.
Section 1 . Each fire fighter covered by this Agreement who is
injured while in the performance of his duties inside or outside the
City limits shall be paid injury leave in a sum equal to the fire
fighter's full salary for the period of disability not to exceed one
(1) calendar year from the date of injury.
Section 2 . Injury leave benefits as set forth herein are maximum
benefits for each injury. Fire fighters on injury leave shall be
granted all benefits provided other fire fighters covered by this
Agreement the same as if they were in active service of the City.
Section 3 . Workmen's Compensation temporary disability benefits
paid to a fire fighter for the same period of time he receives injury
leave benefits hereunder shall be reimbursed to the City, provided
that no amount shall be reimbursed until such time as the temporary
disability benefits are actually paid. In the event a fire fighter
receives temporary disability benefits for the period he received
injury leave benefits, he shall endorse to the City the check
received by him for the purpose of paying such benefits. Receipt of
injury leave benefits hereunder by a fire fighter shall operate as
and be a partial assignment to the City of said fire fighter's
interest in and to any cause of action against a third party as
defined in C.R.S. 1973, 8 -52 -100 et. sec as amended, to the extent
of injury leave benefits paid or payable hereunder by the City to
said fire fighter. During such time as he is receiving injury leave
benefits hereunder and for a period of 60 days from and after the
receipt of the final payment thereof, said fire fighter shall have an
exclusive right to engage the services of an attorney -at -law to
settle or to otherwise dispute of said cause of action which shall
not be settled or otherwise disposed of without the written consent
of the City. If said fire fighter engages the services of an attorney
as aforesaid, the City shall not be liable for costs or attorney fees
in connection therewith; however, in lieu thereof, the City agrees to
limit its pro rata share of any recovery so affected to 75% of injury
leave benefits paid or payable to the fire fighter hereunder. If said
fire fighter fails to engage the services of an attorney, as
aforesaid, the City may take such action as it deems advisable for
the recovery of 100% of all injury benefits paid to said fire
fighter, and said fire fighter will cooperate with the City in such
action as it may take and furnish any and all papers and information
in his possession deemed by the City to be necessary in connection
therewith.
Section 4 . No sick leave, injury leave or temporary disability
leave benefits shall be payable to any fire fighter injured while in
the employ of an employer other than the City of Pueblo, or while
self - employed.
Section 5 . Employees on injury leave are subject to light or
modified duty as defined.
37
ARTICLE 31. SPECIAL LEAVE.
Section 1 . In addition to leaves authorized above, the Fire
Chief may authorize a fire fighter to be absent without pay for
personal reasons for a period or periods not to exceed ten (10)
working days in any calendar year.
Section 2 . The City Manager may authorize special leaves of
absence with or without pay for any period or periods not to exceed
six (6) calendar months in any one calendar year for the following
purposes: attendance at college, university, or business school for
the purpose of training in subjects related to the work of the
employee and which will benefit the employee and the City service;
urgent personal business requiring employee's attention for an
extended period such as settling estates, liquidating a business,
serving on a jury and attending court as a witness, and for purposes
other than above that are deemed beneficial to the City service.
Section 3 . The City Manager may authorize special leaves of
absence without pay for any of the purposes set out in the preceding
subparagraph for any reasonable length of time.
Section 4 . The City Council may grant leaves of absence with or
with out pay in excess of the limitations above for the purposes of
extended courses of training at a recognized university or college
and for other purposes that are deemed beneficial to the City
service.
Section 5 . The parties understand that they are subject to the
Family and Medical Leave Act of 1993, and that all applicable
provisions of the FMLA are controlling over any provisions of this
agreement in conflict therewith.
38
ARTICLE 32. ABSENCE WITHOUT LEAVE.
Section 1 . Any fire fighter who finds it necessary to
be absent from duty due to emergency shall report the reasons
therefor to his supervisor or department at least one hour before
working time, on the first day of such absence. If this is not
possible, the fire fighter shall report to his supervisor or
department at the earliest possible time and shall state the reasons
for his failure to report at least one hour before working time.
Failure of a fire fighter to so report may be grounds for
disciplinary action.
Section 2 . All unauthorized absences without leave shall be
grounds for disciplinary action. Reduction of pay shall be made for
all periods of unauthorized absences.
Section 3 . Any unauthorized absence of six or more consecutive
working shifts of a Group A fire fighter, or of three or more
consecutive working shifts of a Group B fire fighter, shall be deemed
to be and shall constitute a resignation from employment by the fire
fighter.
39
ARTICLE 33. STATION TRANSFERS.
When an opening occurs in a fire station, due to either
promotion, demotion, separation from City service, or the creation of
a new position, fire fighters shall be notified by a memo from the
Fire Chief before the opening is filled. Such memo shall be posted in
each station for at least seventy -two (72) hours. Such opening shall
be filled by the senior qualified fire fighter in the class applying
for that position in writing during the time of posting of the memo.
The Chief shall retain the right to transfer fire fighters when an
opening as described above is not involved, provided that such
transfers shall not be arbitrary or capricious.
40
ARTICLE 34. LONGEVITY COMPENSATION DURING LEAVE.
Section 1 . Longevity compensation as stated
to a fire fighter while on authorized leave with
compensation shall not be paid to a fire fighter
which such fire fighter shall be absent on leave
than one -half of the working time prescribed for
class.
above shall be paid
pay. Such longevity
for any month during
without pay for more
that fire fighter's
Section 2 . Periods of time during which a fire fighter is off
work due to lay -off or reduction in force and is on valid
reinstatement list shall not constitute a break in continuity of
service; provided, however, such periods of time shall not be accrued
as a part of the actual continuous service necessary to qualify for
longevity compensation.
Section 3 . Absence without leave shall forfeit all longevity pay
for the month in which such absence occurs. For purposes of this
section, periods of authorized leave without pay shall not accrue as
part of the actual continuous service necessary to qualify for
longevity compensation.
41
ARTICLE 35. ORDER OF REDUCTION.
Section 1 . A reduction of the number of fire fighter positions
in any class shall be made in the following order: part -time,
probationary, permanent.
Section 2 . Probationary and permanent fire fighters shall be
laid off on the basis of service in the class being reduced, computed
in accordance with Civil Service Rule 37, the fire fighter with the
least service being laid off first.
42
ARTICLE 36. ENTRANCE SALARY RATES.
Section 1 . Original appointment to any position shall be made at
the entrance rate and advancement from the entrance rate within a pay
grade shall be by successive steps.
Section 2 . At the completion of the first year of service, a
fire fighter shall automatically advance to the next higher rate in
the appropriate pay grade, provided his service has been determined
by the Fire Chief to be satisfactory. Subsequently, the fire fighter
shall be automatically advanced to the next higher rate, if any, at
the conclusion of each succeeding year of satisfactory service in his
class until he has reached the maximum rate of the salary schedule
for that class.
Section 3 . At the conclusion of a satisfactory one (1) year
probation period, the Fire Chief shall certify that the probationary
period has been successfully completed.
Section 4 . When a fire fighter is assigned to duty in a position
not previously held by him and such change is not in the nature of a
promotion or a demotion, the firefighter shall receive the rate of
pay in the salary schedule established for such position that will
provide at least the same rate of pay he was receiving in his former
position.
Section 5 . If, in the opinion of the Fire Chief, the work of a
fire fighter has not been satisfactory during the year prior to his
eligibility for salary advancement, he shall give a statement to the
City Manager and Personnel Director showing reason or reasons why the
fire fighter's work has not been satisfactory. A copy of this
statement shall be furnished the fire fighter concerned and the Fire
Chief shall discuss with the fire fighter the reason(s) for his not
receiving the pay increases. Any fire fighter or the Union shall have
the right to the consideration of any request for adjustment in the
event that the Fire Chief states that the fire fighter's work in the
preceding year has not been satisfactory for salary advancement. In
such case, the fire fighter or Union may submit the matter to the
grievance procedure of Article 25. A fire fighter who has been
denied a pay increase due to unsatisfactory work shall be granted
such increase at such time as the Fire Chief determines that his
performance has sufficiently improved to justify the increase.
Section 6 . In the event that the fire fighter did not receive
the advancement in salary due him under the provisions of the
Article, and it is subsequently determined, in the manner prescribed
above, that the fire fighter was entitled to this advancement in
salary shall be paid to the fire fighter from the date on which he
was originally entitled to said advancement in salary.
43
ARTICLE 37. APPOINTMENT PROBATIONARY.
All entrance appointments shall
one year. All promotional appointme
period of six months, provided that,
served in the position in the higher
may be credited toward completion of
such temporary service not to exceed
with the approval of the Fire Chief.
be probationary for a period of
its shall be probationary for a
any fire fighter who previously
class to which he was promoted,
his probationary period with
one hundred and fifty (150) days
44
ARTICLE 38. PARTIALLY DISABLED EMPLOYEES; LIGHT DUTY.
Section 1 . If, as a result of service connected injury or
illness, a fire fighter is temporarily disabled and unable to
efficiently perform the duties of his position, but is able to
efficiently perform the duties of some other position of the Fire
Department in which a vacancy exists and which position is compatible
with the fire fighter's skills and abilities, then the Fire Chief may
refer the fire fighter for placement in such vacant position for a
period not to exceed six (6) months. Upon approval of the Fire Chief
and City Manager, the fire fighter may be so employed. Such
assignment shall be called light duty.
Section 2 . The salary of a fire fighter on light duty shall be
at least equal to the salary at which he was employed at the time of
his injury or illness.
Section 3 . During his period of temporary disability, a fire
fighter shall be entitled to pay pension contributions and shall
continue to receive health - medical plan benefits, and accrue credits
for sick leave and vacation leave.
Section 4 . Upon presentation of a doctor's certificate stating
that the fire fighter is physically capable of performing all the
duties of the position in which he was working at the time of his
injury or illness he shall be returned to full duty in that class.
If the Fire Chief determines that the work of the fire fighter upon
return to work is not satisfactory, the Fire Chief may cause the fire
fighter to be re- examined to determine his ability to perform.
Section 5 . Any fire fighter who refuses to cooperate in the
placement program, by failure to accept or continue in the employment
offered, shall, as of any such refusal be disciplined.
45
ARTICLE 39. ABOLITION OF POSITION.
Any fire fighter with civil service status in an abolished
position shall, with the approval of the City Manager, be:
(a) transferred, if a vacancy exists in another position in the
same class, or
(b) promoted, if a vacancy exists in a position in another class
for which the fire fighter is eligible, or
(c) laid off and placed on a reinstatement list for the class
for which he is qualified, or
(d) demoted, or
(e) allowed to replace another fire fighter in accordance with
Article 50.
46
ARTICLE 40. REINSTATEMENT AND REEMPLOYMENT.
Section 1 . When a fire fighter is reinstated in a position in
the same class after a separation from the Department of not more
than four years, which separation occurred through no fault of the
fire fighter and not due to discreditable circumstances, such fire
fighter shall receive the rate in the salary schedule corresponding
to the step rate received at the time of separation and shall
subsequently serve thereat for at least such period as is normally
required for advancement to the next higher salary rate. Any fire
fighter who is drafted or who leaves the City service to enter the
active service of the armed forces of the United States and who is
subsequently reinstated to a position previously held by him shall be
entitled to receive a salary at the step rate to which he would have
been entitled had his service with the City not been interrupted by
entry into the armed forces. Any non - required reenlistment shall
automatically terminate the provisions of this Article for any such
fire fighter.
Section 2 . Whenever a former fire fighter is reemployed in the
same class after a voluntary separation from the City service of not
more than two years, which separation was not by action of the City
or due to discreditable circumstances, such fire fighter may, with
the approval of the City Manager, receive the rate in the salary
schedule corresponding to the step rate received at the time of
separation and shall subsequently serve thereat for at least such
period as is normally required for advancement to the next higher
step or salary rate.
47
ARTICLE 41. APPOINTMENT TO VACANCY.
When the City fills a vacancy in the Fire Department the
following priorities shall apply in the order listed:
1. Reinstatement list - Consisting of fire fighters separated
from a position in that class due to layoff or other cause not the
fault of the fire fighter. Fire fighters shall be reinstated to the
class in the reverse order of layoff from that class including fire
fighters placed on reinstatement lists in accordance with Article 40.
2. The City may then select from any of the following:
a. Reemployment List - Fire fighters previously separated
at their volition, in good standing.
b. Voluntary Demotion.
C. If a position is not filled through reinstatement,
demotion of re- employment the City shall fill the position from a
civil service eligible list in the following manner:
(a) The Director shall forward a copy of the
appropriate class specification to the Civil Service Commission, with
a request for certification of the names of the three highest ranking
persons on the appropriate eligible list.
(b) The Director may also request from the Commission
further information relating to the persons certified and to their
application, examination or certification process.
(c) If any person so certified fails to accept
appointment to the position, that person shall be removed from the
list and the name of the person next highest on the appropriate
eligible list shall be certified. The Civil Service Commission may
retain on the eligible list the name of a person who refuses an
appointment only upon that person's request and for just cause. The
Director may request removal from the list of the name of a person
who does not qualify for or meet a requirement of the position. The
Civil Service Commission shall grant such request and certify the
name of the next highest ranking eligible on the list, if the person
so removed does not actually qualify or meet requirements.
(d) If more than one vacancy is to be filled from an
eligible list, the Director may request certification of an
additional name for the second and each subsequent vacancy.
(e) If less than three names appear or remain on the
eligible list, the City Manager may either request that the
Commission establish a new eligible list, or may accept a
certification of less than three names.
48
(f) If a person certified for appointment from an
eligible list is rejected or passed over twice, the City Manager may
request removal of the person from that eligible list. The Civil
Service Commission may deny such request upon the basis of the
person's qualifications.
(g) After a certification, the Director shall select a
committee of at least three persons to evaluate the persons
certified. No one from the bargaining unit shall be an evaluator.
(h) After consultation with the involved department or
bureau head and the committee, the Director shall forward the names
of all persons certified and recommendations to the City Manager, who
shall make the final appointment.
(i) The City shall notify each eligible certified for a
vacancy of the appointment and the appeal rights available hereunder.
If not appointed, the highest ranking eligible for each vacancy may
appeal his rejection to the Civil Service Commission by filing a
written notice of appeal within five (5) days after receipt of the
notice of appointment. The Commission shall hear the appeal within
(5) days of the filing of the notice of appeal. The City and the
individual appointed shall also be notified of the hearing and be
given an opportunity to be heard. The person filing the appeal shall
have the burden of proving that the City Manager's appointment was
arbitrary, capricious or a clearly unwarranted abuse of discretion.
If the Commission sustains the appeal, the appointment shall be
vacated and the appellant shall be appointed to the position by the
City Manager pursuant to the decision of the Commission retroactive
to the date of the original appointment.
(j) The Commission shall render its decision within
five (5) days after the hearing which shall be final and binding
subject only to judicial review pursuant to Rule 106, C.R.C.P.
49
ARTICLE 42. RATE OF PAY ON DEMOTION.
When a fire fighter is demoted from a position in one class to a
position in another class having a lower pay grade, his rate of pay
shall be determined as follows:
Section 1 . When a fire fighter is demoted because of failure to
satisfactorily complete a probationary period in a promotional
position, his pay rate shall be reduced to the step in the pay grade
he had been promoted from which he would be eligible for had he not
been promoted.
Section 2 . When a fire fighter is demoted because of layoff
procedures, his rate of pay in the class to which he is demoted shall
be the step in the pay grade nearest to, but not exceeding, that of
his rate of pay in the higher class, provided funds are available in
the case of layoff. In the event funds are not available, his rate
of pay shall be the highest step that can equitably be paid to all
fire fighters similarly affected by the layoff. The City Manager,
with the approval of the City Council, may approve for such fire
fighter a salary rate equivalent to the salary rate he received at
the time of his demotion.
Section 3 . When a fire fighter is demoted due to unsatisfactory
performance from a position in one class to a position in a lower
class, his rate of pay shall be reduced at least one (1) step below
the rate of pay he was receiving in the higher class, and shall be
reduced to a step within the pay grade for the class to which he is
demoted.
Section 4 . When a fire fighter is voluntarily demoted from a
position in one class to a position in a lower class at his own
request, the pay rate may remain the same provided it does not exceed
the maximum step of the pay grade for the lower class.
50
ARTICLE 43. RECLASSIFICATION.
If a position is reclassified, the incumbent shall remain in the
reclassified position if the Director, with the approval of the City
Manager, determines that he is qualified to perform the duties of the
reclassified position.
If the Director determines that the incumbent lacks the
qualifications for the reclassified position, the incumbent shall,
with the approval of the City Manager, be:
(a) transferred if a vacancy exists in another position in the
same class, or
(b) promoted, if a vacancy exists for which such fire fighter is
eligible as a result of examination, or
(c) laid off and placed on a reinstatement list for the class or
position for which he is qualified, or
(d) demoted, or
(e) allowed to replace another employee in accordance with
Article 50.
51
ARTICLE 44. REPORTING CHANGES IN DUTIES; RECLASSIFICATION.
Section 1 . Any fire fighter or the Union may file a written
request for classification review of his position at any time. The
request shall be filed with the Fire Chief who shall forward the
request to the Director of Personnel within ten days with his
comments and recommendations.
Section 2 . The Director of Personnel shall act on any request
involving an individual position within thirty days, and on any
request involving several positions as promptly as possible, but not
more than ninety days, after receipt of such request. The Director
shall not reclassify any position or group of positions without the
approval of the City Manager.
Section 3 . The Director may, at any time, consistent with
Section 4 review a position or positions to insure proper
classification.
Section 4 . Neither the City, a fire fighter, nor representatives
of either may request a review for a position which has been reviewed
within the previous six months.
52
ARTICLE 45. APPEAL FROM CLASSIFICATION OR RECLASSIFICATION.
Written notice of classification, reclassification, or
allocation of positions shall be given by the Director to the City
Manager, Fire Chief, affected fire fighters, and Union, at least
thirty days before such action shall become effective. Within ten
days of receipt of said notice or failure of the Director to take
such action, the Fire Chief, affected fire fighter(s) or Union may
request a hearing thereon before the Civil Service Commission
pursuant to Chapter 12 of Title VI of the Code of Ordinances and
Section 8 -4 of the City Charter. Within ten days after conclusion of
the hearing the Civil Service Commission shall order whether such
action shall be sustained or rejected.
53
ARTICLE 46. VACANCIES.
Section 1 . Unless the City Manager declares, as herein
provided, that the requirements of the service demand that such
position remain open, a vacancy shall exist whenever the number of
positions established by the budget exceeds the number of fire
fighters in such positions. Vacancies shall be filled as soon as the
Director can certify to the department head as provided in Article
41. The City Manager may, upon written notice to the Director,
determine that a position shall remain open for a period not to
exceed one hundred thirty -five (135) days. During the time the
position is declared open, the eligible list pertaining to that
position shall remain frozen and no new list established until action
is taken on such position. When a position that has been held open
is filled, such position shall be filled by a person named on the
appropriate eligible list that was in effect on the date the City
Manager declared such position open, even if that person's
eligibility has otherwise expired.
Section 2 . When a vacancy occurs in the rank of Assistant Fire
Chief, Fire Captain or EMT Lieutenant, the vacancies, if any, created
in all lower classes due to promotional appointments created by
appointment to fill such vacancy shall be filled from the eligible
lists for all lower classes which were in effect on the date on which
the vacancy was created in the higher class. This does not pertain
to entry level firefighter positions, and will in no event freeze the
current promotional lists.
54
ARTICLE 47. STRIKES - DISRUPTION OF SERVICE.
It is hereby declared to be the public policy of the City of
Pueblo since it has accorded to the members of the classified service
of the Fire Department all rights of labor other than the right to
strike or organize any work stoppage, slowdown or mass absenteeism,
therefore, fire fighters shall not strike, or organize any work
stoppage, slowdown or mass absenteeism during the term of this
Agreement.
55
ARTICLE 48. INTENT OF THIS AGREEMENT.
The intent and purpose of this Agreement is to establish agreed
upon wages, hours, terms and conditions of employment for all fire
fighters in the bargaining unit represented by the Union, which
wages, hours, terms and conditions of employment shall be set as
forth in this Agreement for the term of this Agreement unless changes
are mutually agreed upon between the City and the Union.
91
ARTICLE 49. PROMOTIONAL EXAMINATION REQUIREMENTS.
The City of Pueblo reserves the right to establish such minimum
job descriptions (specifications) and education, experience and
service requirements to determine eligibility for civil service
testing and appointment for entry level fire fighters, as it deems
appropriate. Any ordinance in conflict with such right to establish
minimum requirements for entry level fire fighters shall, insofar as
same may be applicable to fire fighters, be deemed repealed and be of
no force or effect.
The following minimum service requirements shall be prerequisite
to Civil Service Fire Department promotional examinations:
(1) For Fire Engineer, Fire Medic and Fire Prevention Inspector,
three (3) years service as a Fire Fighter with the City of Pueblo.
For Fire Medic, must possess a current Colorado Emergency Medical
Technician Basic Certificate.
(2) For Emergency Medical Officer, a minimum of the EMT -I
certification and four (4) years as a Pueblo Fire Fighter.
(3) For Captain, Assistant Training Officer, a total of five (5)
years combined service in the Fire Fighter, Engineer, Fire Medic
(Fighter /EMT), Fire Prevention Inspector or Emergency Medical Officer
(Lieutenant /EMT) classification with the City of Pueblo.
(4) For Assistant Chief or Training Officer three (3) years
service as a Captain with the City of Pueblo.
57
ARTICLE 50. REPLACEMENT.
Any fire fighter laid off shall, with the approval of the City
Manager, have the right to replace another fire fighter without
prejudice to the right of either to reinstatement provided the
following requirements are met:
(1) The fire fighter to be replaced occupies a class having the
same or lower pay grade; and
(2) The fire fighter laid off has more total service in the
class involved, together with service in a higher class or parallel
class (engineer, fire medic, or fire prevention inspector) within the
same line of promotion, than does the fire fighter to be replaced;
and
(3) The fire fighter laid off is qualified for the duties of the
lower class of position as determined by the Director; and
(4) The fire fighter to be replaced occupies a lower position in
the line of promotion to the position from which the fire fighter has
been laid off.
58
ARTICLE 51. DURATION OF AGREEMENT.
This Agreement shall become effective January 1, 1995 and all
its provisions shall remain effective through December 31, 1995,
unless amended by the parties as herein set forth.
59
ARTICLE 52. SAFETY.
Section 1 . The City recognizes its responsibility to provide
safe working conditions, and the Union recognizes its obligation to
cooperate in the maintenance and improvement of those conditions.
Section 2 . The City agrees to establish a safety committee
consisting of a representative of the Union and a representative of
the City.
Section 3 . The safety committee will consider and make
recommendations concerning safety problems. Recommendations will
include technical supporting information where applicable.
Section 4 . The safety committee shall convene within a
reasonable time after a request for a meeting. Any request must
indicate the subject to be taken up at the meeting. The City will
submit a written position on safety matters raised by the Union
within ten (10) days after the meeting.
Section 5 . Whenever possible, Department personnel will
implement safety recommendations of the Safety Committee.
.$
ARTICLE 53. LIABILITY INSURANCE.
City will carry in at least the minimum amounts set forth in the
Colorado Governmental Immunity Act malpractice liability insurance
covering Fire Fighter /EMT'S while acting in their capacity as an
employee of the City and while licensed by the State of Colorado.
61
ARTICLE 54. SMOKE FREE WORKPLACE
In accordance with City Council
any member of the bargaining unit is
buildings which are owned, leased or
Pueblo, except in designated smoking
restaurants operated under concessio:
the City.
Resolution No.
prohibited in
controlled by
areas, if any,
a or management
7157, smoking by
all public
the City of
located in
agreements with
For purposes of this agreement, the parties understand and agree
that firefighters are prohibited from smoking: (a) in any fire
department vehicle at any time; and (b) in any fire station or fire
department building except in those station truck rooms which are
equipped with a ventilation system which ventilates such truck room
separately from the remainder of the station.
62
Entered into this day of S I , 1994.
CITY OF PUEBLO
ATTEST: By a4r—�
('p/ledident of the City Council
APPROVED AS TO FORM:
C ty Clerk
z
Thomas E. gger
City Attorney
PUEBLO FIRE FIGHTERS LOCAL NO. 3 IAFF
President
�T ti
Secretary
63