HomeMy WebLinkAbout06269ORDINANCE NO. 6269
AN ORDINANCE APPROVING A COLLECTIVE BARGAINING
AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION AND INTERNATIONAL ASSOCIATION OF FIRE
FIGHTERS, LOCAL #3, FOR THE CALENDAR YEAR 1998
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO that:
SE CTION 1
The Collective Bargaining Agreement to be entered into November 10,
1997, between the City of Pueblo, a Municipal Corporation and International
Association of Fire Fighters, Local #3, for the calendar year 1998, the
original of which is on file in the office of the City Cleric, is hereby
a
SECT ION 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 Cleric is
directed to affix the seal of the City thereto and attest same.
INTRODUCED: October 27, 1997
BY Al ami]? - - -- -
COUNCIL PERSON
APPROVED:
A'T'TEST:
SIi�1.I�' OF - I , ', E CITY COUNCIL
SITY CLERK
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
CITY OF PUEBLO
AND
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS
LOCAL 3
COMMENCING JANUARY 1, 1998
TABLE OF CONTENTS
ARTICLE
PAGE
PREAMBLE
1
DEFINITIONS
2
ARTICLE 1.
RECOGNITION
3
ARTICLE 2.
DUES CHECKOFF AND INDEMNIFICATION
4
ARTICLE 3.
UNION SECURITY
6
ARTICLE 4.
DISCRIMINATION
7
ARTICLE 5.
PREVAILING RIGHTS
8
ARTICLE 6.
RIGHTS OF MANAGEMENT
9
ARTICLE 7.
RULES AND REGULATIONS
11
ARTICLE 8.
PRODUCTIVITY
12
ARTICLE 9.
OVERTIME PAY
13
ARTICLE 10.
WAGES
14
ARTICLE 11.
BASIC RATE OF PAY
15
ARTICLE 12.
TUITION REFUND
16
ARTICLE 13.
MILITARY LEAVE
17
ARTICLE 14.
AUTOMOBILE ALLOWANCE
18
ARTICLE 15.
SHIFT CHANGE
19
ARTICLE 16.
FUNERAL LEAVE
20
ARTICLE 17.
LONGEVITY PAY
21
ARTICLE 18.
RATE OF PAY FOR WORKING IN HIGHER CLASS
22
ARTICLE 19.
HOLIDAYS
23
ARTICLE 20.
VACATION LEAVE
25
ARTICLE 21.
APPENDICES AND AMENDMENTS
28
TABLE OF CONTENTS
ARTICLE
PAGE
ARTICLE 22.
CLOTHING ALLOWANCE
29
ARTICLE 23.
WORK SCHEDULES
30
ARTICLE 24.
FAMILY MEDICAL COVERAGE
31
ARTICLE 25.
GRIEVANCE PROCEDURE
32
ARTICLE 26.
DISABILITY PAYMENTS - -FIRE DEPT PERSONNEL
34
ARTICLE 27.
SAVINGS CLAUSE
35
ARTICLE 28.
SICK LEAVE
36
ARTICLE 29.
UNION ACTIVITY
40
ARTICLE 30.
INJURY LEAVE
42
ARTICLE 31.
SPECIAL LEAVE
44
ARTICLE 32.
ABSENCE WITHOUT LEAVE
45
ARTICLE 33.
STATION TRANSFERS
46
ARTICLE 34.
LONGEVITY COMPENSATION DURING LEAVE
47
ARTICLE 35.
ORDER OF REDUCTION
48
ARTICLE 36.
ENTRANCE SALARY RATES
49
ARTICLE 37.
APPOINTMENT PROBATIONARY
51
ARTICLE 38.
PARTIALLY DISABLED EMPLOYEES; LIGHT DUTY
52
ARTICLE 39.
ABOLITION OF POSITION
53
ARTICLE 40.
REINSTATEMENT AND REEMPLOYMENT
54
ARTICLE 41.
APPOINTMENT TO VACANCY
55
ARTICLE 42.
RATE OF PAY ON DEMOTION
58
ARTICLE 43.
RECLASSIFICATION
59
TABLE OF CONTENTS
ARTICLE
PAGE
ARTICLE 44.
REPORTING CHANGES IN DUTIES;
60
RECLASSIFICATION
ARTICLE 45.
APPEAL FROM CLASSIFICATION OR
61
RECLASSIFICATION
ARTICLE 46.
VACANCIES
62
ARTICLE 47.
STRIKES - DISRUPTION OF SERVICE
63
ARTICLE 48.
INTENT OF THIS AGREEMENT
64
ARTICLE 49.
PROMOTIONAL EXAMINATION REQUIREMENTS
65
ARTICLE 50.
REPLACEMENT
66
ARTICLE 51.
DURATION OF AGREEMENT
67
ARTICLE 52.
SAFETY
68
ARTICLE 53.
LIABILITY INSURANCE
69
ARTICLE 54.
SMOKE FREE WORKPLACE
70
ARTICLE 55.
DEATH AND DISABILITY PLAN
71
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.
2
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:
DEPARTM
EFFECTIVE DA
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. 1
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.
4
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:
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.
6
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.
8
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;
V
(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;
(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.
10
ARTICLE 7. RULES AND REGULATIONS.
All fire fighters shall 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 the grievance
procedure set out in Article 25.
11
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.
12
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.
13
ARTICLE 10. WAGES.
Section 1 . During the term of this Agreement, fire fighters shall be
paid in accordance with the following monthly salary schedules and
effective the dates indicated. A fire fighter shall not advance to a
successive step unless on July 1, 1998, he or she has completed the
requisite years of experience in the position.
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.
14
JULY 1 1998
Step 1
Step 2
Step 3
1/1/98
entry thru
over 2 yrs
over 5 yrs
2 yrs
thru 5 yrs
Asst Fire Chief
4
4,099
4,131
4
Fire Captain
3,309
3
3
3
Emergency Medical Officer 3,200
3
3
3
Fire Medic
3
3
3,064
3
Fire Prevention Inspector
3,004
3
3
3
Fire Engineer
2
2
2
3
Fire Fighter IV
2
2
2
2,867
Fire Fighter 111
2
Fire Fighter 11
2
Fire Fighter I (entry)
2
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.
14
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.
15
ARTICLE 12. TUITION REFUND.
Upon recommendation, and after prior approval of the department
head and the City Manager, the City of Pueblo may reimburse a permanent,
full -time fire fighter upon successful completion (grade of C or better) of an
approved course or courses in an approved Fire Science Degree Program.
The amount to be reimbursed will not exceed fifty percent (50 %) of the
total cost of tuition, fees, and books. The amount reimbursed shall not
exceed two hundred and fifty dollars ($250.00) per year per person.
16
ARTICLE 13. MILITARY LEAVE.
Section 1 . Any permanent fire fighter who presents official orders
requiring his attendance for a period of training or active duty as a member
of the military service shall be entitled to military leave for a period or
periods not to exceed a total of fifteen (15) calendar days in any one year
and he shall be entitled to full pay from the City for such period, provided
that any military pay received for shifts taken as military leave by the fire
fighter, less travel and meal allowance, shall be paid to the City. Military
leave shall be in addition to, and may not be concurrent with, authorized
vacation leave. Such fire fighter may take one shift of vacation or
personal leave either immediately before or immediately after his military
leave.
17
ARTICLE 14. AUTOMOBILE ALLOWANCE.
A fire fighter who is required or specifically authorized by the Chief to
operate a private automobile in conduct of City business shall be paid
mileage of twenty five ($.25) per mile for such travel.
18
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.
19
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.
20
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.
21
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
Fire Medic, Engineer, Inspector, Emergency
Medical Officer
Captain, Assistant Training Officer
Assistant Chief, Training Officer
Chief
SALARY INCREASE
To entry rate for
higher class
To entry rate for
higher class
Six (6) grades
Four(4)grades
22
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:
23
II!II I III I III q�i li��l�
(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
forty (40) hours of unused personal leave time and will compensate Group
B fire fighters for no more than three 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. In the event of an emergency
fire fighters may request this compensation be paid at an earlier date.
Personal leave time shall not exceed the levels indicated above, nor shall
it be accumulated or carried over from one year to the next. Personal
leave shall be scheduled and administered under the direction and with
the approval of the Fire Chief. In the event of illness, injury or emergency
in which personal leave is requested, the fire fighter shall notify his
supervisor at least one (1) hour prior to scheduled reporting time.
(c) 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.
24
ARTICLE 20. VACATION LEAVE.
Section 1 . Group A fire fighters hired prior to 1/1/97 shall be allowed
vacation leave with full pay at the rate of:
- 12 shifts for one year continuous service with the City of Pueblo;
- 15 shifts for five years continuous service with the City of Pueblo;
- 18 shifts for ten years continuous service with the City of Pueblo;
- 21 shifts for fifteen years continuous service with the City of Pueblo.
Group A fire fighters hired on or after 111/97 shall be allowed
vacation leave with full pay at the rate of:
- 0 shifts for six months of continuous service with the City of
Pueblo;
- 10 shifts for one year continuous service with the City of Pueblo;
- 15 shifts for five years continuous service with the City of Pueblo;
- 18 shifts for ten years continuous service with the City of Pueblo;
- 21 shifts for fifteen years continuous service with the City of Pueblo.
Section 2 . Group B fire fighters hired prior to 111/97 shall be allowed
vacation leave with full pay at the rate of:
- 6 shifts for one year continuous service with the City of Pueblo;
- 7 shifts for five years continuous service with the City of Pueblo;
- 8 shifts for ten years continuous service with the City of Pueblo;
-10 shifts for fifteen years continuous service with the City of Pueblo.
Group B fire fighters hired on or after 1/1/97 shall be allowed
vacation leave with full pay at the rate of:
- 0 shifts for six months continuous service with the City of Pueblo;
- 5 shifts for one year continuous service with the City of Pueblo;
- 7 shifts for five years continuous service with the City of Pueblo;
- 8 shifts for ten years continuous service with the City of Pueblo;
-10 shifts for fifteen years continuous service with the City of Pueblo.
25
P{ PIN I N II
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.
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
r3•
IF
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.
27
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.
28
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.
29
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.
Section 4 . In the event of an emergency the Fire Chief shall have the
authority to assign work schedules as he /she deems necessary.
30
ARTICLE 24. FAMILY MEDICAL COVERAGE.
Commencing January 1, 1998 the City shall contribute for each fire
fighter $98.14 plus one -half (1/2) of the difference between the full cost on
the individual plan and $98.14. The City shall pay the amount of $209.27
plus one -half (1/2) of the difference between $209.27 and the actual cost of
a premium toward the cost of a family policy per month for employees,
provided that the maximum contribution by the City shall not exceed
$281.00 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.
till
P41 I 1 11 lull
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
32
intent to arbitrate. In the event the parties are unable to agree upon an
arbitrator within the time limit, either party or its representative may
request the Federal Mediation and Conciliation Service to furnish a panel
of seven arbitrators. The parties shall alternately strike from this panel
until only one name remains. The remaining name shall be the arbitrator.
The arbitrator shall render a decision which is final and binding upon the
parties within thirty (30) calendar days after hearing the grievance.
Section 6 . The fees and costs of the arbitrator shall be shared
equally by the Union and the City. Each party shall pay its own costs and
expenses of the arbitration.
Section 7 . The findings and decision of the arbitrator shall be
consistent with applicable Colorado law and with the expressed terms of
this Agreement. The arbitrator shall have no power or authority to add to,
subtract from, disregard, alter or modify any of the terms of this
Agreement.
Section 8 . Failure of a fire fighter or Union to initiate a grievance or
file written 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.
33
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)(17)(1)
the provisions of this section shall automatically terminate.
34
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.
35
ARTICLE 28. SICK LEAVE.
Section 1 . Group B fire fighters shall be allowed 17/24 of a working
shift of sick leave for each month of service from the first day of
employment. Unused sick leave shall be accumulated to a maximum
accrual of 84 working shifts. Group B fire fighters hired on or after
January 1, 1996, shall be allowed 12124 of a working shift of sick leave for
each month of service from the first day of employment. Unused sick
leave shall be accumulated to a maximum accrual of 84 working shifts.
Section 2 . Group A fire fighters shall be allowed one and one -half
working days of sick leave for each month of service from the first day of
employment. Unused sick leave shall be accumulated to a maximum
accrual of 200 working shifts. Group A fire fighters hired on or after
January 1, 1996, shall be allowed one working day of sick leave for each
month of service from the first day of employment. Unused sick leave
shall be accumulated to a maximum accrual of 200 working shifts.
Section 3 . Fire fighters shall be allowed to use accrued and unused
paid sick leave for a maximum of one (1) shift for all Group B fire fighters
and three (3) days for all Group A fire fighters in each consecutive twelve
(12) months for a life threatening illness or illness requiring hospitalization
of the employee's spouse or child, subject to verification thereof.
Section 4 . Upon separation due to retirement or death, a Group A fire
fighter hired prior to January 1, 1996, shall be paid at his regular rate of
pay for all accumulated sick leave, but not to exceed 120 days; a Group B
fire fighter hired prior to January 1, 1996, shall be paid at his regular rate
of pay for accumulated sick leave, but not to exceed 56 working shifts.
Section 5 . In the event of death, such sum shall be paid to the
surviving spouse of such fire fighter. In the event there shall be no
surviving spouse, then such sum shall be paid to the Estate of such fire
fighter.
36
W
Section 6 . Separation benefits shall be paid immediately upon the
effective date of separation.
S ection 7 . Group A fire fighters hired on or after January 1, 1996
shall not be reimbursed for unused sick leave upon separation. These fire
fighters will have the option to receive compensation for ten (10) days of
sick leave each year at one -half (1/2) pay. However, before a Group A fire
fighter may exercise this option, he must have a minimum of twenty -four
(24) days of unused accrued sick leave to his credit, and his accrual may
not be reduced to less than twenty -four (24) days by the exercise of this
option. Group B fire fighters hired on or after January 1, 1996, shall not be
reimbursed for unused sick leave upon separation. These fire fighters will
have the option to receive compensation for 112 hours of sick leave each
year at one -half (1/2) pay. However, before a Group B fire fighter may
exercise this option, he must have a minimum of 288 hours of unused
accrued sick leave to his credit, and his accrual may not be reduced to
less than 288 hours by the exercise of this option.
Section 8 . All fire fighters hired prior to January 1, 1996, shall have
the option of electing the new plan, however, they must waive all benefits
under Section 4, Section 5, and Section 9 of this Article. Once this
election is made, the fire fighter may not return to the old plan. This
election to enter the new plan must be made prior to January 1, 1996.
Group A fire fighters who opt into the new plan shall be allowed one
working day of sick leave for each month of service. Group B fire fighters
who opt into the new plan shall be allowed 12/24 of a working shift of sick
leave for each month of service.
Section 9 . Group A fire fighters hired prior to January 1, 1996, who
have not elected the new plan, and who have at least 15 years of service
and 120 days of accrued, unused sick leave to their credit, may annually
sell back up to 10 days of sick leave for 1/2 pay. The number of sick leave
days sold back to the City shall be deducted from the fire fighter's accrual,
but his accrual will be increased by future sick leave accrued but unused,
to the maximum of 200 days. The amount of days available for buy -back
under Section 4 of this article shall be permanently reduced by one -half of
37
the days sold back to the City. Group B fire fighters hired prior to January
1, 1996, who have not elected the new plan, and who have at least 15
years of service and 40 shifts of accrued, unused sick leave to their credit,
may annually sell back up to 4 shifts of sick leave for 1/2 pay. The number
of sick leave shifts sold back to the City shall be deducted from the fire
fighter's accrual, but his accrual will be increased by future sick leave
accrued but unused, to the maximum of 84 shifts. The amount of shifts
available for buy -back under Section 4 of this Article shall be permanently
reduced by one -half of the shifts sold back to the City.
Section 10 . All Group B fire fighters shall be allowed two working
shifts sick leave without a doctor's slip.
Section 11 . All group A fire fighters will be allowed three working
shifts sick leave without a doctor's slip.
Section 12 . Sick leave benefits shall be paid for actual illness or
disability.
Section 13 . A physician's statement certifying the absence from work
was required because of illness or disability or other reasonable evidence
of illness or disability may also be required whenever any fire fighter
requests sick leave for his last scheduled work shift before a vacation or
holiday leave, or for his first regularly scheduled work shift after a
vacation or holiday leave.
Section 14 . City may make reasonable contact with a fire fighter on
sick leave to verify that his absence from work was required because of
actual illness or disability which renders him unable to perform his duties.
Reasonable contact shall not exceed two contacts during each working
shift of sick leave taken without a treating physician's certificate.
Section 15 . 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
38
was actually ill or disabled and unable to perform his duties.
Section 16 . If a fire fighter is on sick leave for three (3) or more
consecutive working shifts, the Fire Chief may require the fire fighter to
return to work to perform light duty unless the fire fighter's treating
physician certifies that the fire fighter is unable to perform light duty.
Section 17 . If a fire fighter is on sick leave validly taken, the Fire
Chief shall not, except in any emergency declared by the City Manager,
call the fire fighter back to light duty before his next regularly scheduled
working shift.
Section 18 . If an employee has been scheduled for vacation or
personal days, this time shall not be converted to sick leave except in the
event of the employee's hospitalization or if fire fighter would be unable to
perform light duty or modified duty with confirmation by a City appointed
physician. Fire fighters must notify the Fire Chief or Acting Fire Chief
immediately upon injury or sickness and receive assignment of a City
appointed physician. If employee is out of town, he /she must notify the
Fire Chief or Acting Fire Chief within 24 hours of injury or sickness and
return to town for appointment with City appointed physician.
If fire fighter does not return to town immediately, notify the Fire
Chief or Acting Fire Chief of the injury or sickness and his /her intent to
have time converted to sick leave, or fails to see a City appointed
physician immediately, the time will not be converted.
39
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
40
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.
41
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. sew ., 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
42
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.
43
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.
44
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.
11M
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.
46
ARTICLE 34. LONGEVITY COMPENSATION DURING LEAVE.
Section 1 . Longevity compensation as stated above shall be paid to a
fire fighter while on authorized leave with pay. Such longevity
compensation shall not be paid to a fire fighter for any month during which
such fire fighter shall be absent on leave without pay for more than one -
half of the working time prescribed for that fire fighter's class.
Section 2 . Periods of time during which a fire fighter is off work due
to lay -off or reduction in force and is on valid reinstatement list shall not
constitute a break in continuity of service; provided, however, such
periods of time shall not be accrued as a part of the actual continuous
service necessary to qualify for longevity compensation.
Section 3 . Absence without leave shall forfeit all longevity pay for the
month in which such absence occurs. For purposes of this section, periods
of authorized leave without pay shall not accrue as part of the actual
continuous service necessary to qualify for longevity compensation.
47
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.
48
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
49
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.
50
Y'
..r
ARTICLE 37. APPOINTMENT PROBATIONARY.
All entrance appointments shall be probationary for a period of one
year. All promotional appointments shall be probationary for a period of
six months, provided that, any fire fighter who previously served in the
position in the higher class to which he was promoted, may be credited
toward completion of his probationary period with such temporary service
not to exceed one hundred and fifty (150) days with the approval of the
Fire Chief.
All promotional appointments shall be to the entry level of the higher
class.
51
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.
6VA
Wit Witilk iiI Ijo IfI
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.
53
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.
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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
55
� .i lm MAIL
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.
(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
56
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.
57
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.
58
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.
59
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.
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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.
61
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.
62
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.
63
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.
64
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 -1
certification and three (3) 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.
65
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.
66
ARTICLE 51. DURATION OF AGREEMENT.
This Agreement shall become effective January 1, 1998 and all its
provisions shall remain effective through December 31, 1998, unless
amended by the parties as herein set forth.
67
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.
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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.
69
ARTICLE 54. SMOKE FREE WORKPLACE
In accordance with City Council Resolution No. 7157, smoking by any
member of the bargaining unit is prohibited in all public buildings which
are owned, leased or controlled by the City of Pueblo, except in designated
smoking areas, if any, located in restaurants operated under concession or
management agreements with the City.
For purposes of this agreement, the parties understand and agree
that 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.
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II!II � VIII :I III II1s III
ARTICLE 55. DEATH AND DISABILITY PLAN
For each person hired as a firefighter on or after January 1, 1997
who is eligible for the death and disability coverage provided by part 8 of
Aarticle 31 of Title 31, C.R.S., the contributions to the FPPA death and
disability pension fund required by sec. 31 -31- 811(4) shall be assessed
jointly against the City and the member on an equally contributory basis.
Each person hired as a firefighter on or after January 1, 1997, shall
be required as a condition of employment to make a monthly contribution
through payroll deduction equal to 50% of the contribution on behalf of the
member required under sec. 31 -31- 811(4), C.R.S.
i�
Entered into this
l oth day of November
CITY OF PUEBLO
1997.
ATTEST: By OA��
President o he ity Council
APPROVED AS TO FORM:
Cit Jerk
Thomas E g er
City Attorney
PUEBLO FIRE FIGHTERS LOCAL NO. 3 IAFF
President 17
Secretary
72