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HomeMy WebLinkAbout06910ORDINANCE NO. 6910 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 2003 BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: �y:I�uiLil! The Collective Bargaining Agreement to be entered into November 25, 2002 between the City of Pueblo, a Municipal Corporation and International Association of Fire Fighters for the calendar year 2003, the original of which is on file in the office of the City Clerk, is hereby approved. SECTION 2. The President of the City Council is authorized and directed to execute the Agreement for and on behalf of the City of Pueblo and the City Clerk is directed to affix the seal of the City thereto and attest same. INTRODUCED November 11, 2002 BY Al Gurule Councilperson APPROVED. resident of City Council ATTEST: City C PASSED AND APPROVED: November 25. 2002 Background Paper for Proposed ORDINANCE AGENDA ITEM # 1 (p DATE: NOVEMBER 11, 2002 DEPARTMENT: ADMINISTRATION LEE R. EVETT, CITY MANAGER TITLE 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 2003 ISSUE Shall the attached collective bargaining agreement be approved? RECOMMENDATION City Administration recommends approval. BACKGROUND The current collective bargaining agreement between City of Pueblo and International Association of Fire Fighters expires December 31, 2002. This agreement will become effective January 1, 2003 and expire December 31, 2003. Changes from the 2002 Collective Bargaining Agreement are as follows: Article 10 Wages increased by 7% Article 10 Increase number of firefighters per shift compensated for Hazmat Response Team Article 19 Increase number of Personal Holidays allowed to be sold Article 20 Addresses number of firefighters off for vacation Article 28 Decreases maximum accrual of sick leave Article 55 Increases City contribution to Death & Disability effective 1/1/04 FINANCIAL IMPACT This will provide an overall 7% increase. ORDINANCE NO. 6910 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 2003 BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: cFrTinN 1 The Collective Bargaining Agreement to be entered into November 25, 2002 between the City of Pueblo, a Municipal Corporation and International Association of Fire Fighters for the calendar year 2003, the original of which is on file in the office of the City Clerk, is hereby approved. cP:r.T10N 9 The President of the City Council is authorized and directed to execute the Agreement for and on behalf of the City of Pueblo and the City Clerk is directed to affix the seal of the City thereto and attest same. INTRODUCED: November 11, 2002 BY: Al Gurule CPYNCILPERSON APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: TY CLERK PASSED AND APPROVED: November 25, 2002 COLLECTIVE BARGAINING AGREEMENT BETWEEN Is] k "*1201 :1 4KC /_1: U7 INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 3 COMMENCING JANUARY 1, 2003 TABLE OF CONTENTS ARTICLE TITLE PREAMBLE DEFINITIONS ARTICLE 1. RECOGNITION ARTICLE 2. DUES CHECKOFF AND INDEMNIFICATION ARTICLE 3. UNION SECURITY ARTICLE 4. DISCRIMINATION ARTICLE 5. PREVAILING RIGHTS ARTICLE 6. RIGHTS OF MANAGEMENT ARTICLE 7. RULES AND REGULATIONS ARTICLE 8. PRODUCTIVITY ARTICLE 9. OVERTIME PAY ARTICLE 10. WAGES ARTICLE 11. BASIC RATE OF PAY ARTICLE 12. TUITION REFUND ARTICLE 13. MILITARY LEAVE ARTICLE 14. AUTOMOBILE ALLOWANCE ARTICLE 15. SHIFT CHANGE ARTICLE 16. FUNERAL LEAVE ARTICLE 17. LONGEVITY PAY ARTICLE 18. RATE OF PAY FOR WORKING IN HIGHER CLASS ARTICLE 19. HOLIDAYS PAGE 1 2 3 4 5 6 7 8 10 11 12 13 15 16 17 18 19 20 21 22 23 TABLE OF CONTENTS ARTICLE TITLE PAGE ARTICLE 20. VACATION LEAVE 25 ARTICLE 21. APPENDICES AND AMENDMENTS 27 ARTICLE 22. CLOTHING ALLOWANCE 28 ARTICLE 23. WORK SCHEDULES 29 ARTICLE 24. FAMILY MEDICAL COVERAGE 30 ARTICLE 25. GRIEVANCE PROCEDURE 31 ARTICLE 26. DISABILITY PAYMENTS - -FIRE DEPT PERSONNEL 33 ARTICLE 27. SAVINGS CLAUSE 34 ARTICLE 28. SICK LEAVE 35 ARTICLE 29. UNION ACTIVITY 38 ARTICLE 30. INJURY LEAVE 39 ARTICLE 31. SPECIAL LEAVE 40 ARTICLE 32. ABSENCE WITHOUT LEAVE 41 ARTICLE 33. STATION TRANSFERS 42 ARTICLE 34. LONGEVITY COMPENSATION DURING LEAVE 43 ARTICLE 35. ORDER OF REDUCTION 44 ARTICLE 36. ENTRANCE SALARY RATES 45 ARTICLE 37. APPOINTMENT PROBATIONARY 46 ARTICLE 38. PARTIALLY DISABLED EMPLOYEES; LIGHT DUTY 47 ARTICLE 39. ABOLITION OF POSITION 48 ARTICLE 40. REINSTATEMENT AND REEMPLOYMENT 49 ARTICLE 41. APPOINTMENT TO VACANCY 50 ARTICLE 42. RATE OF PAY ON DEMOTION 52 TABLE OF CONTENTS ARTICLE TITLE ARTICLE 43. RECLASSIFICATION ARTICLE 44. REPORTING CHANGES IN DUTIES; RECLASSIFICATION ARTICLE 45. APPEAL FROM CLASSIFICATION OR RECLASSIFICATION ARTICLE 46. VACANCIES ARTICLE 47. STRIKES - DISRUPTION OF SERVICE ARTICLE 48. INTENT OF THIS AGREEMENT ARTICLE 49. PROMOTIONAL EXAMINATION REQUIREMENTS ARTICLE 50. REPLACEMENT ARTICLE 51. DURATION OF AGREEMENT ARTICLE 52. SAFETY ARTICLE 53. LIABILITY INSURANCE ARTICLE 54. SMOKE FREE WORKPLACE ARTICLE 55. DEATH AND DISABILITY PLAN ARTICLE 56. RANDOM DRUG TESTING PAGE 53 54 55 56 57 58 59 60 61 62 63 64 65 66 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. 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 or 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. N X��ZrI►A x[67:1 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 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. I further request and authorize Local No. 3, IAFF to certify to the City of Pueblo the amount to be deducted as well as any increases in such union dues and assessments. The amount deducted shall be remitted to the Treasurer of Local No. 3, IAFF, the sole and exclusive Collective Bargaining Agent of the Fire Fighters. 1 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: SIGNATU 4 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 firefighters mayor may not join the Union, at the individual's discretion. Section 3 . It is further recognized that the Union, as the exclusive bargaining representative of all fire fighters, owes the same duties to all fire fighters whether Union members or not, and provides benefits and services to all firefighters whether Union members or not. Therefore, as a condition of employment, upon completion of the entrance probationary period of all fire fighters, as defined under Section 8 -14 (a) of the Charter of the City of Pueblo, shall be required to pay to the Pueblo Fire Fighters Local No. 3 an amount not to exceed the normal dues and assessments required of members of Local No. 3 as a service charge for the administration of this Agreement. Failure of a fire fighter to pay such dues or assessments shall be grounds for disciplinary action including discharge by the City against such fire fighter. 5 ARTICLE 4. DISCRIMINATION. The City and the Union recognize that they are subject to and this Agreement is subordinate to certain local, state and federal laws prohibiting discrimination based on race, color, religion, sex, national origin, politics, age, handicap, or affiliation or non - affiliation with a labor organization. 6 ARTICLE 5. PREVAILING RIGHTS. All ordinances and working conditions in effect on March 1, 1983, pertaining to fire fighters, which are not included in this Agreement, shall remain in full force, unchanged and unaffected in any manner, during the term of this Agreement unless changed by mutual consent. 7 ARTICLE 6. RIGHTS OF MANAGEMENT. Section 1 . Except as otherwise specifically provided in this Agreement, the City has the sole and exclusive right to exercise all the rights or functions of management, and the exercise of any such rights or function shall not be subject to any grievance procedure, except as to resolution of whether or not a specific matter is a management right. Without limiting the generality of the foregoing, as used herein, the term "Rights of Management' includes: (a) The determination of Fire Department policy, including the right to manage the affairs of the Fire Department in all respects; (b) The right to assign working hours, including overtime; (c) The right to establish, modify or change work schedules, manning of apparatus in the main or reserve fleet, etc.; (d) The right to assign fire fighters to other duties within the Fire Department when their apparatus is out of service; (e) The right to direct the members of the Fire Department, including the right to hire, promote, or transfer any fire fighter within the Fire Department; (f) The table of organization of the Fire Department, including the right to organize and reorganize the Fire Department in any manner it chooses, including the size of the Fire Department and the determination of job classifications and positions within classes based upon duties assigned. (g) The determination of the safety, health and property protection measures of the Fire Department; (h) The allocation and assignment of work to fire fighters within the Fire Department; (1) The determination of policy affecting the selection or training of fire fighters; Q) 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; 8 (n) The placing of service, maintenance or other work with outside contractors or other agencies of the City; class; (o) The determination of the number of classes and the number of fire fighters within each (p) The determination of the amount of supervision necessary. Section 2 . No discretionary power vested in the City or in the Fire Chief shall be exercised in an arbitrary or capricious manner. 9 ARTICLE 7. RULES AND REGULATIONS. All fire fighters shall comply with all 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. 10 ARTICLE 8. PRODUCTIVITY. Section 1 . The Union and the City recognize that increased productivity will require the continuation of improvements and technological progress through new methods, techniques and equipment which will contribute to improved quality and efficiency of fire protection for the citizens of Pueblo. The Union and the City will act in good faith and with a cooperative attitude to achieve these ends. 11 ARTICLE 9. OVERTIME PAY. Section 1 . Fire fighters shall be compensated for overtime work at the rate of time and one - half, in cash, when requested to work such overtime by the Chief of the Department. Only such hours as are worked in excess of the prescribed daily work shift shall be so compensated. Section 2 . Any fire fighter called back to work prior to the beginning of his next regular shift shall be compensated for a minimum of four (4) hours at the rate of one and one -half (1 ' /z) his regular rate of pay as provided in Section 1 of this Article. If a fire fighter is moved from one shift to another he shall work the first half (day shift) of the shift being moved from the second half (night shift) of the shift he is being moved to. Section 3 . Any overtime or call -back compensation provided for in this Article may, at the discretion of the fire fighter, and subject to the requirements of the Fair Labor Standards Act, be taken as time off regularly scheduled work hours at the rates provided in this Article, provided that the time be taken off must be approved by the Chief. Section 4 . Fire fighters actually contacted and requested to work overtime during an emergency shall respond to such emergency. Section 5 . Section 1 above rather than Section 2 shall apply to any fire fighter required to hold over at the end of a shift for a maximum of two hours for purposes of attendance at meetings, or training sessions. 12 ARTICLE 10. WAGES. Section 1 . During the term of this Agreement, fire fighters shall be paid in accordance with the following monthly salary schedules and effective the dates indicated. 13 YEAR 5 5904.26 Asst. Chief Asst. Chief YEAR 4 YEAR 3 5507.29 5405.65 Asst. Chief Asst. Chief YEAR 2 YEAR 1 5222.67 5122.10 Asst. Chief Fire Captain YEAR 5 505 1.49 Fire Captain YEAR 4 4608.51 !Fire Captain YEAR 3 4523.97! Fire Captain YEAR 2 4289.651 Fire Ca tain YE AR 1 4208.3 EMO YEAR 5 4632.04 EMO EMO YEAR 4 YEAR 3 4_372.04 4290.72 EMO YEAR 2 4129.14 EMO YEAR 1 4049.96 Fire Medic YEAR 5 4275.731 Fire Medic YEAR 4 4071.35 Fire Medic YEAR 3 YEAR 2 3993.24 3879.83 Fire Medic Fire Medic YEAR 1 3806.00 4275.73 Fire Inspector YEAR 5 Fire Inspector Fire Inspector YEAR 4 YEAR 3 4071.34 3993.24 Fire Inspector Fire Inspector YEAR 2 YEAR 1 3879.82 3805.99 Engineer Engineer YEAR 5 YEAR 4 4227.57 - 4001.81 En _ __ YEAR 3 3929.05 Engineer YEAR 2 3780.31 Engineer YEAR 1 3708.62 Firefighter YEAR 8 3895.86 Firefighter YEAR 7 3748.21 Firefighter YEAR 6 _ 3677.60 Firefighter YEAR 5 3572.75 Firefighter YEAR 4 3538.48 Firefi hter YEAR 3 3021.68 Firefighter YEAR 2 YEAR 1 2825.87 264 !Fi - ref i hter 13 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 seven (7) 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 at the amount allowed by the Internal Revenue Service for each mile of usage of the personal automobile on City business. 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 %) 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 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. 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 SALARY INCREASE Fire Medic, Engineer, Inspector, Emergency To entry rate for Medical Officer higher class Captain, Assistant Training Officer To entry rate for higher class Assistant Chief, Training Officer To entry rate for higher class 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) (1) The day after Thanksgiving 0) The twenty -fifth day of December (Christmas Day) For Group A fire fighters only, when any holiday listed above falls on Saturday, the preceding Friday shall be observed as the holiday; when the holiday falls on Sunday, the following Monday shall be observed as a holiday. In addition to the above, any day may be designated as a holiday by proclamation of the Council President upon approval of the City Council. Group A fire fighters shall receive forty (40) hours of personal leave during each calendar year of employment. Section 2 . Group B fire fighters shall receive six (6) shifts of personal leave during each calendar year of employment in lieu of holidays. Section 3 . Each employee working for the City on any election day shall be allowed such time off as is necessary to vote. Such time off shall be scheduled by the Chief. Section 4 . Personal Leave. (a) Personal leave time may be granted, with pay, for any one of the following purposes: (1) Time lost as a result of illness or injury of the fire fighter's immediate family. (2) To attend to personal business. (3) Leisure activities. (b) The City will compensate Group A fire fighters for no more than forty (40) hours of unused personal leave time and will compensate Group B fire fighters for no more than six 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. 23 (c) 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. All or part of personal leave may be scheduled to be taken at the time vacations are scheduled. 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 1/1197 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. 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 25 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 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) Five fire fighters shall be allowed off for vacation, personal days or comp time per shift. Additional fire fighters allowed off, if any, shall be at the sole discretion of the Chief. All requests to take vacation or personal days shall have precedence over any request to use comp time, provided that if comp time is denied, the firefighter shall be entitled to be paid for such time. 26 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. 27 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. 28 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. 29 ARTICLE 24. FAMILY MEDICAL COVERAGE. Commencing January 1, 2003 the City shall contribute for each fire fighter 95% of the full cost of an individual plan and 70% of the full cost of a single plus spouse, single plus child or children or family plan; provided that if the employee elects coverage under a PPO or indemnity option, the City's contribution to payment for such PPO or indemnity option shall be in the same dollar amount as if the employee had elected coverage under the HMO option at the same tier level. 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. 30 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. 32 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'/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. 33 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. 34 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. Effective January 1, 2004, the maximum sick leave accrual for Group B fire fighters shall be reduced from 84 shifts to 74 shifts, and departmental records shall be adjusted to reflect this reduction. 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. Effective January 1, 2004, the maximum sick leave accrual for Group A fire fighters shall be reduced from 200 days to 180 days; and departmental records shall be adjusted to reflect this reduction. 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 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 ( %) 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 ( %) 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. 35 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 12124 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 ' / 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 of accrued, unused sick leave to their credit, may annually sell back up to 4 shifts of sick leave for' /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. Effective January 1, 2004, the maximum sick leave accrual for Group A fire fighters shall be reduced from 200 days to 180 days; and the maximum sick leave accrual for Group B fire fighters shall be reduced from 84 shifts to 74 shifts, and departmental records shall be adjusted to reflect this reduction. 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 36 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. 37 ARTICLE 29. UNION ACTIVITY. Section 1 . Neither the Union, nor its officers, agents, representatives, or members will intimidate, interfere with, or coerce fire fighters. No union activity or union business of any kind will be carried on during working hours without express permission in advance from the Fire Chief. All requests for leave from duty for any union business shall be in writing and shall specify name, date, time, location and purpose of the leave. Violation of this Section 1 of this Article 29 by any fire fighter shall be just cause for disciplinary action, pursuant to Chapter 10, Title VI of the 1971 Code of Ordinances. Failure of the City to enforce any of the provisions of this Section 1 of this Article 29 in any one or more instances shall not be construed a waiver of any of the provisions of this Section 1 of this Article 29. Section 2 . No fire fighter shall be discharged, disciplined or discriminated against because of activity on behalf of the Union which does not interfere with the discharge of his duties or any assignments, or violate any of the provisions of this agreement, City ordinances, statutes, rules or regulations of the department. Section 3 . The Union shall have the right to post on the bulletin boards designated by the Fire Chief, within all respective fire stations and fire offices, notices of union meetings, union recreational and social affairs, notices of union elections, and appointments and results of union elections, all of which pertain to the Pueblo Fire Department. No other postings will be allowed. Section 4 . When approved by the Fire Chief, two of the principal officers of the union shall be granted leave from duty with full pay for conducting necessary Union business. When approved by the Fire Chief, during and for a reasonable time before bargaining with City representatives for a successor collective bargaining agreement the Union Bargaining Committee (not to exceed five persons) shall be granted leave from duty with full pay to conduct negotiations and deliberations. No such leave or permissions shall be granted for lobbying activities in any legislative forum on paid time. The Union shall endeavor to conduct all necessary Union business during the non- working time of the greatest number of fire fighters required for such business, to the greatest extent possible. Said approval shall be granted by the Chief when said leave would not disrupt or interfere with the service of the department. Section 5 . Requests for union business leave shall be made at least two shifts before the beginning of the shift during which union business leave is requested whenever possible. The aggregate maximum amount of time which may be taken as fully paid leave to conduct union business under this contract shall not exceed three hundred sixty (360) hours per year, not counting leave for arbitration hearings, grievance hearings or negotiation meetings for a new collective bargaining agreement. Any union business leave in excess of 15 shifts or 360 hours per year shall be charged as vacation leave or taken as unpaid leave. 38 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. seg., as amended, to the extent of injury leave benefits paid or payable hereunder by the City to said fire fighter. During such time as he is receiving injury leave benefits hereunder and for a period of 60 days from and after the receipt of the final payment thereof, said fire fighter shall have an exclusive right to engage the services of an attorney -at -law to settle or to otherwise dispute of said cause of action which shall not be settled or otherwise disposed of without the written consent of the City. If said fire fighter engages the services of an attorney as aforesaid, the City shall not be liable for costs or attorney fees in connection therewith; however, in lieu thereof, the City agrees to limit its pro rata share of any recovery so affected to 75% of injury leave benefits paid or payable to the fire fighter hereunder. If said fire fighter fails to engage the services of an attorney, as aforesaid, the City may take such action as it deems advisable for the recovery of 100% of all injury benefits paid to said fire fighter, and said fire fighter will cooperate with the City in such action as it may take and furnish any and all papers and information in his possession deemed by the City to be necessary in connection therewith. Section 4 . No sick leave, injury leave or temporary disability leave benefits shall be payable to any fire fighter injured while in the employ of an employer other than the City of Pueblo, or while self -employed. Section 5 . Employees on injury leave are subject to light or modified duty as defined. Q 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. 40 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. 41 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. :L►•' 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. 43 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. 44 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. If a fire fighter is promoted to a higher rank with a lower entrance rate than his rate prior to promotion, his pay rate shall be the lowest rate in the new position which results in a pay increase. Section 2 . At the completion of the first year of service, a fire fighter shall automatically advance to the next higher rate in the appropriate pay grade, provided his service has been determined by the Fire Chief to be satisfactory. Subsequently, the fire fighter shall be automatically advanced to the next higher rate, if any, at the conclusion of each succeeding year of satisfactory service in his class until he has reached the maximum rate of the salary schedule for that class. Section 3 . At the conclusion of a satisfactory one (1) year probation period, the Fire Chief shall certify that the probationary period has been successfully completed. Section 4 . When a fire fighter is assigned to duty in a position not previously held by him and such change is not in the nature of a promotion or a demotion, the firefighter shall receive the rate of pay in the salary schedule established for such position that will provide at least the same rate of pay he was receiving in his former position. Section 5 . If, in the opinion of the Fire Chief, the work of a fire fighter has not been satisfactory during the year prior to his eligibility for salary advancement, he shall give a statement to the City Manager and Personnel Director showing reason or reasons why the fire fighter's work has not been satisfactory. A copy of this statement shall be furnished the fire fighter concerned and the Fire Chief shall discuss with the fire fighter the reason(s) for his not receiving the pay increases. Any fire fighter or the Union shall have the right to the consideration of any request for adjustment in the event that the Fire Chief states that the fire fighter's work in the preceding year has not been satisfactory for salary advancement. In such case, the fire fighter or Union may submit the matter to the grievance procedure of Article 25. A fire fighter who has been denied a pay increase due to unsatisfactory work shall be granted such increase at such time as the Fire Chief determines that his performance has sufficiently improved to justify the increase. Section 6 . In the event that the fire fighter did not receive the advancement in salary due him under the provisions of the Article, and it is subsequently determined, in the manner prescribed above, that the fire fighter was entitled to this advancement in salary shall be paid to the fire fighter from the date on which he was originally entitled to said advancement in salary. M 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. 46 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. 47 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. 48 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. 49 ARTICLE 41. APPOINTMENT TO VACANCY. When the City fills a vacancy in the Fire Department the following priorities shall apply in the order listed: 1. Reinstatement list - Consisting of fire fighters separated from a position in that class due to layoff or other cause not the fault of the fire fighter. Fire fighters shall be reinstated to the class in the reverse order of layoff from that class including fire fighters placed on reinstatement lists in accordance with Article 40. 2. The City may then select from any of the following: a. Reemployment List - Fire fighters previously separated at their volition, in good standing. b. Voluntary Demotion. c. If a position is not filled through reinstatement, demotion of re- employment the City shall fill the position from a civil service eligible list in the following manner: (a) The Director shall forward a copy of the appropriate class specification to the Civil Service Commission, with a request for certification of the names of the three highest ranking persons on the appropriate eligible list. (b) The Director may also request from the Commission further information relating to the persons certified and to their application, examination or certification process. (c) If any person so certified fails to accept appointment to the position, that person shall be removed from the list and the name of the person next highest on the appropriate eligible list shall be certified. The Civil Service Commission may retain on the eligible list the name of a person who refuses an appointment only upon that person's request and for just cause. The Director may request removal from the list of the name of a person who does not qualify for or meet a requirement of the position. The Civil Service Commission shall grant such request and certify the name of the next highest ranking eligible on the list, if the person so removed does not actually qualify or meet requirements. (d) If more than one vacancy is to be filled from an eligible list, the Director may request certification of an additional name for the second and each subsequent vacancy. (e) If less than three names appear or remain on the eligible list, the City Manager may either request that the Commission establish a new eligible list, or may accept a certification of less than three names. (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. 50 (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 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. Q) 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. 51 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. 52 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. 53 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. 54 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. 55 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. 56 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. UFA 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. 58 ARTICLE 49. PROMOTIONAL EXAMINATION REQUIREMENTS. The City of Pueblo reserves the right to establish such minimum job descriptions (specifications) and education, experience and service requirements to determine eligibility for civil service testing and appointment for entry level fire fighters, as it deems appropriate. Any ordinance in conflict with such right to establish minimum requirements for entry level fire fighters shall, insofar as same may be applicable to fire fighters, be deemed repealed and be of no force or effect. The following minimum service requirements shall be prerequisite to Civil Service Fire Department promotional examinations: (1) For Fire Engineer, Fire Medic and Fire Prevention Inspector, three (3) years service as a Fire Fighter with the City of Pueblo. For Fire Medic, must possess a current Colorado Emergency Medical Technician Basic Certificate. (2) For Emergency Medical Officer, a minimum of the EMT -I certification and 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. 59 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. rS1] ARTICLE 51. DURATION OF AGREEMENT. The term of this Agreement shall be one (1) year starting January 1, 2003, and ending December 31, 2003. 61 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. G1►PA 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. 63 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. 64 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 Article 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. The following provisions shall become effective January 1, 2004, and shall remain in effect so long as the reduction in sick leave from 84 shifts to 74 shifts and from 200 days to 180 days in Article 28 sections 1 and 2 remains in effect. If sick leave accrual remains at or is restored to 84 shifts, or 200 days, or both, for any reason, then the following provisions shall become null and void: 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 Article 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 against the City in the amount of 2.3% of the member's applicable salary as set forth in section 31 -31- 811(4); provided that if the required contribution level is increased, the amount in excess of 2.3% of the member's applicable salary shall be assessed against the member. 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 the contribution on behalf of the member required under sec. 31 -31- 811(4), C.R.S., in excess of 2.3% of the member's applicable salary. 65 ARTICLE 56. RANDOM DRUG TESTING The City and the Union agree to establish a committee consisting of representatives of the Fire Union, the Police Union, and the City. The committee shall meet, when requested by one of the parties, to study, consider and make recommendations to the parties regarding drug- testing programs for public safety employees. The consultations and recommendations of the committee shall not be subject to the grievance /arbitration procedure of this Agreement and shall not be binding upon any of the parties. 66 Entered into this 25th day of November , 2002. INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL NO. 3 By ATTEST: APPROVED AS TO FORM: r City Att G111 By residentof the City Council