HomeMy WebLinkAbout06383ORDINANCE NO. 683
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 1999
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO that:
SECTION 1
The Collective Bargaining Agreement to be entered into November 23, 1998,
between the City of Pueblo, a Municipal Corporation and Intemational Association of Fire
Fighters Local 3 for the calendar year 1999, 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.
rae9 ,=$ M: TdE�'•:
BY: Al Gurule
Councilperson
• tr_2 _
ATTEST:
' S K I
Ii4
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
CITY OF PUEBLO
AND
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS
LOCAL 3
COMMENCING JANUARY 1, 1999
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
16
ARTICLE 12.
TUITION REFUND
17
ARTICLE 13.
MILITARY LEAVE
18
ARTICLE 14.
AUTOMOBILE ALLOWANCE
19
ARTICLE 15.
SHIFT CHANGE
20
ARTICLE 16.
FUNERAL LEAVE
21
ARTICLE 17.
LONGEVITY PAY
22
ARTICLE 18.
RATE OF PAY FOR WORKING IN HIGHER CLASS
23
ARTICLE 19.
HOLIDAYS
24
ARTICLE 20.
VACATION LEAVE
26
ARTICLE 21.
APPENDICES AND AMENDMENTS
29
TABLE OF CONTENTS
ARTICLE
PAGE
ARTICLE 22.
CLOTHING ALLOWANCE
30
ARTICLE 23.
WORK SCHEDULES
31
ARTICLE 24.
FAMILY MEDICAL COVERAGE
32
ARTICLE 25.
GRIEVANCE PROCEDURE
33
ARTICLE 26.
DISABILITY PAYMENTS - -FIRE DEPT PERSONNEL
35
ARTICLE 27.
SAVINGS CLAUSE
36
ARTICLE 28.
SICK LEAVE
37
ARTICLE 29.
UNION ACTIVITY
41
ARTICLE 30.
INJURY LEAVE
43
ARTICLE 31.
SPECIAL LEAVE
45
ARTICLE 32.
ABSENCE WITHOUT LEAVE
46
ARTICLE 33.
STATION TRANSFERS
47
ARTICLE 34.
LONGEVITY COMPENSATION DURING LEAVE
48
ARTICLE 35.
ORDER OF REDUCTION
49
ARTICLE 36.
ENTRANCE SALARY RATES
50
ARTICLE 37.
APPOINTMENT PROBATIONARY
52
ARTICLE 38.
PARTIALLY DISABLED EMPLOYEES; LIGHT DUTY
53
ARTICLE 39.
ABOLITION OF POSITION
54
ARTICLE 40.
REINSTATEMENT AND REEMPLOYMENT
55
ARTICLE 41.
APPOINTMENT TO VACANCY
56
ARTICLE 42.
RATE OF PAY ON DEMOTION
59
ARTICLE 43.
RECLASSIFICATION
60
TABLE OF CONTENTS
ARTICLE
PAGE
ARTICLE 44.
REPORTING CHANGES IN DUTIES;
61
RECLASSIFICATION
ARTICLE 45.
APPEAL FROM CLASSIFICATION OR
62
RECLASSIFICATION
ARTICLE 46.
VACANCIES
63
ARTICLE 47.
STRIKES - DISRUPTION OF SERVICE
64
ARTICLE 48.
INTENT OF THIS AGREEMENT
65
ARTICLE 49.
PROMOTIONAL EXAMINATION REQUIREMENTS
66
ARTICLE 50.
REPLACEMENT
67
ARTICLE 51.
DURATION OF AGREEMENT
68
ARTICLE 52.
SAFETY
69
ARTICLE 53.
LIABILITY INSURANCE
70
ARTICLE 54.
SMOKE FREE WORKPLACE
71
ARTICLE 55.
DEATH AND DISABILITY PLAN
72
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.
i
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:
DEPARTMENT:
EFFECTIVE DATE:
1 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.
1 hereby waive all rights in or claims to the amounts so deducted and
M
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.
ARTICLES. 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 sinless changed by mutual consent.
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;
9
(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.
Ii
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, 1999, he or she has completed the requisite years of experience in
the position.
JANUARY 1, 1999
Asst fire Chief
Fire Captain
Emergency Medical Officer
Fire Medic
Fire Prevention Inspector
Fire Engineer
Fire Fighter IV
Fire Fighter 111
Fire Fighter II
Fire Fighter I (entry)
JULY 1 1999
Asst Fire Chief
Fire Captain
Emergency Medical Officer
Fire Medic
Fire Prevention Inspector
Fire Engineer
Fire Fighter IV
Fire Fighter 111
Fire Fighter 11
Fire Fighter I (entry)
Step 1
entry thru
2 yrs
4,222
3,442
3,329
3,125
3,125
3,044
2,902
2,521
2,354
2,199
Step 1
entry thru
2 yrs
4,264
3,494
3,362
3,156
3,156
3,074
2,931
2,521
2,354
2,199
Step 2
over 2 yrs
thru 5 yrs
4,255
3,511
3,362
3,156
3,156
3,074
2,930
Step 2
over 2 yrs
thru 5 yrs
4,332
3,617
3,429
3,219
3,219
3,135
2,989
Step 3
over 5 yrs
4,289
3,579
3,414
3,205
3,205
3,122
2,953
Step 3
over 5 yrs
4,400
3,758
3,537
3,321
3,321
3,234
3,042
14
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.
15
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.
16
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 ($250.00) per year per person.
17
ARTICLE 13. MILITARY LEAVE.
Section 1 . Any permanent fire fighter who presents official orders
requiring his attendance for a period of training or active duty as a member of
the military service shall be entitled to military leave for a period or periods
not to exceed a total of fifteen (15) calendar days in any one year and he shall
be entitled to full pay from the City for such period, provided that any military
pay received for shifts taken as military leave by the fire fighter, less travel
and meal allowance, shall be paid to the City. Military leave shall be in
addition to, and may not be concurrent with, authorized vacation leave. Such
fire fighter may take one shift of vacation or personal leave either immediately
before or immediately after his military leave.
18
ARTICLE 14. AUTOMOBILE ALLOWANCE.
A fire fighter who is required or specifically authorized by the Chief to
operate a private automobile in conduct of City business shall be paid mileage
of twenty five ($.25) per mile for such travel.
19
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.
20
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 ten (10) 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.
21
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.
Pia
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
23
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:
24
(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.
25
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 1/1/97 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 1/1/97 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.
26
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.
28
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.
29
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.
30
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.
31
ARTICLE 24. FAMILY MEDICAL COVERAGE.
Commencing January 1, 1999 the City shall contribute for each fire
fighter $98.14 plus one -half (112) 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.
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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
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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 S . 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.
34
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)(1) the
provisions of this section shall automatically terminate.
35
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.
36
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
12/24 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.
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.
Section 6 . Separation benefits shall be paid immediately upon the
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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 S . 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 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
38
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 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
39
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.
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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
41
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 S . 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.
42
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. s ., 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
43
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.
44
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.
45
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.
46
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.
47
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.
48
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.
49
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 S . 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
50
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.
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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.
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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.
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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.
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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 for just cause.
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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.
(1) 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
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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.
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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.
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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.
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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.
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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.
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1 IV Ill fill 111,
I
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.
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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.
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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.
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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.
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ARTICLE 51. DURATION OF AGREEMENT.
This Agreement shall become effective January 1, 1999, and all its
provisions shall remain effective through December 31, 1999, unless amended
by the parties as herein set forth.
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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.
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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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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.
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Entered into this 23Rd day of tOh2 , 1998
CITY OF PUEBLO
ATTEST: By
President o he *y Council
APPROVED AS TO FORM:
Cit Clerk
r
Thomas E.J�4ger
City Attorney
PUEBLO FIRE FIGHTERS LOCAL NO. 3 IAFF
-1 p
President
e
73
Entered into this 23xd day of 2j&YLn , 199,0
CITY OF PUEBLO
ATTEST: By &C&
President o he Oy Council
gp _ APPROVED AS TO FORM:
Cit Clerk
Thomas E. Jagger
City Attorney
PUEBLO FIRE FIGHTERS LOCAL NO. 3 IAFF
President
ecretary
73