HomeMy WebLinkAbout08100ORDINANCE NO. 8100
AN ORDINANCE APPROVING AND ENACTING THE COLLECTIVE BARGAINING AGREEMENT
BETWEEN CITY OF PUEBLO AND THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS
LOCAL 3 COMMENCING JANUARY 1. 2010
WHEREAS, the corporate authorities of the City of Pueblo and the sole and exclusive bargaining
agent of the classified employees in the fire fighters bargaining unit, i.e. International Association of Fire
Fighters Local 3, have negotiated a collective bargaining agreement commencing January 1, 2010 (the
"Labor Agreement'); and
WHEREAS, the Labor Agreement has been reduced to writing and signed by said parties
pursuant to the requirements of Section 8 -14(I) of the Charter, City of Pueblo, Colorado; and
WHEREAS, Section 8 -14(I) of the Charter of the City of Pueblo, Colorado, further requires that the
Labor Agreement be enacted as an Ordinance; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that
SECTION 1.
The Collective Bargaining Agreement between the City of Pueblo and the International
Association of Fire Fighters Local 3 commencing January 1, 2010, a copy of which is attached hereto as
Attachment 1, having been approved as to form by the City Attorney, is hereby approved and enacted as
an Ordinance.
SECTION 2.
The President of the City Council is authorized to execute the Collective Bargaining Agreement in
the name of the City.
SECTION 3.
This Ordinance shall become effective upon final approval and passage.
INTRODUCED: October 26, 2009
BY: Judy Weaver
} CCOUNCILPERSON
APPR t)' } �-
PRESIDENTof City Council
AT7ESTEC? BY:
CITY CLERK
PASSED AND APPROVED: November 9, 2009
j f LW N wii �
Background Paper for Proposed
ORDINANCE
AGENDA ITEM # S -5
DATE: October 26, 2009
DEPARTMENT: CITY MANAGER: JERRY M. PACHECO
HUMAN RESOURCES DIRECTOR: NELDON DEMKE
TITLE
AN ORDINANCE APPROVING AND ENACTING THE COLLECTIVE BARGAINING
AGREEMENT BETWEEN CITY OF PUEBLO AND THE INTERNATIONAL ASSOCIATION OF
FIRE FIGHTERS LOCAL 3 COMMENCING JANUARY 1, 2010
ISSUE
Shall the IAFF collective bargaining agreement be approved?
RECOMMENDATION
City Administration recommends approval.
BACKGROUND
The current collective bargaining agreement between the City and IAFF 3 expires on December
31, 2009. Pursuant to the requirements of the Charter, City of Pueblo, Colorado, the City and
IAFF 3 commenced negotiations with respect to a successor contract. Through the negotiations
process, the parties were able to reach an agreement on a successor contract, and the
agreement was reduced to writing and signed by the parties. Pursuant to §8 -14(I) of the
Charter, City of Pueblo, Colorado, the agreement must be enacted as an Ordinance.
The successor contract contains two substantive changes with respect to the prior contract:
Article 10 During 2010, Step 3 of each rank will be eliminated and employees in steps
2 and 3 will move to step 4 on the anniversary date of their employment.
Article 17 Increasing pay for 3 positions by $500 per month — Fire Inspector(2) and
Captain/Training Officer(1).
FINANCIAL IMPACT
The terms of the agreement will cost approximately $100,000.
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, anc
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.
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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.
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ARTICLE 1. RECOGNITION.
The City recognizes the Union as the sole and exclusive collective bargaining agent for
all fire fighters.
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ARTICLE 2. DUES CHECKOFF AND INDEMNIFICATION.
The City shall deduct on a regular basis dues and fees from the pay of all fire fighters
who hereafter voluntarily authorize such deduction in writing on a form provided for this purpose
by the Union or the City; the form to be as set forth below; the Union will initially notify the City
as to the amount of dues, or dues and initiation fees, to be deducted. Such notification will be
certified to the City in writing over the signature of the authorized officer or officers of the Union.
Changes in the Union membership dues or fees will be similarly certified to the City and shall be
done at least one month in advance of the effective date of such change. The City will remit to
the Union sums within thirty (30) days after date of deduction.
The Union shall indemnify, defend, and hold harmless the City, and its officers, agents or
employees against any and all claims, demands, suits, or other forms of liability that may arise
out of, or result from, any action taken by it or them in order to comply with this Article, except
negligent acts for which it or they shall be responsible.
PAYROLL DEDUCTION AUTHORIZATION
NAME:
DEPARTMENT:
EFFECTIVE DATE:
I hereby request and authorize the City of Pueblo to deduct from my earnings, once
each month, union dues and assessments, as well as any increases in such dues and
assessments, as established by the Union. I further request and authorize Local No. 3, IAFF to
certify to the City of Pueblo the amount to be deducted as well as any increases in such union
dues and assessments. The amount deducted shall be remitted to the Treasurer of Local No. 3,
IAFF, the sole and exclusive Collective Bargaining Agent of the Fire Fighters.
hereby waive all rights in or claims to the amounts so deducted and remitted, and also
relieve the City, the Union, and all officers, agents or employees of either, from liability for such
amounts.
DATE:
SIGNATURE:
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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.
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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.
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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.
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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;
(n) The placing of service, maintenance or other work with outside contractors or
other agencies of the City;
In
(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.
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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.
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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.
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ARTICLE 9. OVERTIME PAY.
Section 1 . Fire fighters shall be compensated for overtime work at the rate of time and
one -half, in [cash] wages 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 ' / 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.
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ARTICLE 10. WAGES.
Commencing January 1, 2010, the wages for each rank and year for all firefighters shall
be maintained at the same levels set out in Article 10 of the collective bargaining agreement:
Section 1
Effective January 1, 2010, employees whose anniversary date would move them from step 2 to
step 3 will go to step 4 on their anniversary date. Employees on step 3 will remain on step 3
until their anniversary date whereupon they will go to step 4. Step 3 will be eliminated for all
ranks by December 30, 2010
Section 2
During the term of this Agreement, fire fighters shall be paid in accordance with the following
monthly salary schedules and effective the dates indicated.
Effective 1/1/2010
Rank ( *= 56 -hr work
week) Entry 2nd yr 3rd yr 4th yr 5th yr 6th yr 7th yr 8th yr
Assistant Fire Chief* 5,937.95 6,054.49 6,266.63 6,384.42 7,428.08
Training Officer /Captain 5,378.56 5,472.88 5,744.50 5,842.53 6,855.19
Emergency Medical
Officer* 4,695.01 4,786.81 4,974.13 5,068.39 5,606.97
Fire Captain*
4,878.56
4,972.88
5,244.50
5,342.53
6,355.19
Fire Engineer*
4,299.31
4,382.42
4,554.82
4,639.19
5,318.63
Fire Inspector
4,912.19
4,997.78
5,129.27
5,219.78
5,879.22
Firefighter* 3,063.88 3,275.97 3,502.96 4,102.07 4,141.78 4,263.37 4,345.23 4,901.31
Effective 12/30/2010
Rank ( *= 56 -hr work
week) Entry 2nd yr 3rd yr 4th yr 5th yr 6th yr 7th yr
Assistant Fire Chief* 5,937.95 6,054.49 6,384.42 7,428.08
Training Officer /Captain 5,378.56 5,472.88 5,842.53 6,855.19
Emergency Medical
Officer* 4,695.01 4,786.81 5,068.39 5,606.97
Fire Captain* 4,878.56 4,972.88 5,342.53 6,355.19
Fire Engineer* 4,299.31 4,382.42 4,639.19 5,318.63
Fire Inspector 4,912.19 4,997.78 5,219.78 5,879.22
Firefighter*
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3,063.88 3,275.97 4,102.07 4,141.78 4,263.37 4,345.23 4,901.31
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Section 3 . 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 eight (8) 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 re -bid their shift or station.
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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.
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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
or Emergency Medical Services Degree Program. The amount to be reimbursed will not exceed
seventy -five percent (75 %) of the total cost of tuition, fees, and books. The amount reimbursed
shall not exceed one thousand dollars ($1000) per year per person.
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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.
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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.
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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 nor 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 ' / 2) shifts of vacation shall be charged to that firefighter.
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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.
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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.
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ARTICLE 18. RATE OF PAY FOR WORKING IN HIGHER CLASSIFICATION.
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:
Fire Fighter 1 through 8
to Engineer
$30.00 per shift
$1.25 per hour
Fire Fighter 1 through 8
to EMO
$55.00 per shift
$2.29 per hour
Fire Fighter 1 through 8
to Captain
$75.00 per shift
$3.12 per hour
Engineer to Captain
$55.00 per shift
$2.29 per hour
Engineer to EMO
$40.00 per shift
$1.66 per hour
EMO to Captain
$40.00 per shift
$1.66 per hour
Captain to Assistant Chief
$90.00 per shift
$3.75 per hour
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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
Q) 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.
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(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.
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ARTICLE 20. VACATION LEAVE.
Section 1 . Group A fire fighters hired prior to 111/97 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 1/1197 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 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
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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) Seven 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.
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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.
in
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
the last business day in the month of January in each year of this agreement. Payment may be
issued as part of the regular payroll check or by separate check at the discretion of the City.
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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.
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ARTICLE 24. FAMILY MEDICAL COVERAGE.
Section 1. Commencing January 1, 2006 the City shall contribute for each fire fighter
95% of the full cost of an individual plan and 75% 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.
Section 2. The City shall contribute for each firefighter $25.00 of the full cost of an
individual dental plan and $25.00 of the full cost of a family dental plan. The City shall also
provide for a $10,000 Life insurance plan for all firefighters. The dental plan should be the same
or similar to the plans of general service employees.
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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 10 calendar days after being presented with the written grievance. The Fire Chief shall
respond to the grievance within seven (7) days following the meeting with the grievant and /or
representatives of Local No. 3.
Section 4 . If the grievant is not satisfied with the answer of the Chief of the Fire
Department, the grievance committee of the Union may appeal the grievance to the City
Manager within 10 days of receipt of the written answer of the Chief of the Fire Department.
Within 10 days after receipt of the appeal, the City Manager shall meet with the grievant and if
the grievant is an individual, with representatives of Local No. 3 to discuss the grievance.
Within 5 days after this meeting, the City Manager shall give the Union grievance committee his
answer in writing.
Section 5 . If the Union grievance committee is not satisfied with the answer of the City
Manager, a Union officer must give written notice of intent to arbitrate to the corporate
authorities of the City within fourteen (14) days after receipt of the City Manager's answer.
Representatives of the corporate authorities and of the Union shall attempt to agree upon an
arbitrator within seven (7) days of submission of the written notice of intent to arbitrate. In the
event the parties are unable to agree upon an arbitrator within the time limit, either party or its
representative may request the Federal Mediation and Conciliation Service to furnish a panel of
seven arbitrators. The parties shall alternately strike from this panel until only one name
remains. The remaining name shall be the arbitrator. The arbitrator shall render a decision
which is final and binding upon the parties within thirty (30) calendar days after hearing the
grievance.
Section 6 . The fees and costs of the arbitrator shall be shared equally by the Union and
the City. Each party shall pay its own costs and expenses of the arbitration.
Section 7 . The findings and decision of the arbitrator shall be consistent with applicable
Colorado law and with the expressed terms of this Agreement. The arbitrator shall have no
power or authority to add to, subtract from, disregard, alter or modify any of the terms of this
Agreement.
Section 8 . Failure of a fire fighter or Union to initiate a grievance or file written appeal or
demand for arbitration within the time limits specified in this Article shall constitute an
irrevocable waiver of the right to file or pursue such grievance. The City and the Union may
mutually waive any time limitation contained herein. The parties recognize that such waivers
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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.
Union shall give notice to the City, in writing, of Union's current president and all current
members of Union's adjustment committee, and Union shall promptly notify the City in writing of
any changes thereto.
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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'/z %) 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.
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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.
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►_l:i III Is] , * *:1EyMA4x,W4
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 (' /Z) 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 ( / 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.
IWO
Section 8 . All fire fighters hired prior to January 1, 1996, shall have the option of electing
the new plan, however, they must waive all benefits under Section 4, Section 5, and Section 9
of this Article. Once this election is made, the fire fighter may not return to the old plan. This
election to enter the new plan must be made prior to January 1, 1996. Group A fire fighters who
opt into the new plan shall be allowed one working day of sick leave for each month of service.
Group B fire fighters who opt into the new plan shall be allowed 12/24 of a working shift of sick
leave for each month of service.
Section 9 . Group A fire fighters hired prior to January 1, 1996, who have not elected the
new plan, and who have at least 15 years of service and 120 days of accrued, unused sick
leave to their credit, may annually sell back up to 10 days of sick leave for / 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 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
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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.
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.
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ARTICLE 30. INJURY LEAVE.
Section 1 . Each fire fighter covered by this Agreement who is injured while in the
performance of his duties inside or outside the City limits shall be paid injury leave in a sum
equal to the fire fighter's full salary for the period of disability not to exceed one (1) calendar
year from the date of injury.
Section 2 . Injury leave benefits as set forth herein are maximum benefits for each injury.
Fire fighters on injury leave shall be granted all benefits provided other fire fighters covered by
this Agreement the same as if they were in active service of the City.
Section 3 . Workmen's Compensation temporary disability benefits paid to a fire fighter
for the same period of time he receives injury leave benefits hereunder shall be reimbursed to
the City, provided that no amount shall be reimbursed until such time as the temporary disability
benefits are actually paid. In the event a fire fighter receives temporary disability benefits for the
period he received injury leave benefits, he shall endorse to the City the check received by him
for the purpose of paying such benefits. Receipt of injury leave benefits hereunder by a fire
fighter shall operate as and be a partial assignment to the City of said fire fighter's interest in
and to any cause of action against a third party as defined in C.R.S. 1973, 8 -52 -100 et. sec., as
amended, to the extent of injury leave benefits paid or payable hereunder by the City to said fire
fighter. During such time as he is receiving injury leave benefits hereunder and for a period of
60 days from and after the receipt of the final payment thereof, said fire fighter shall have an
exclusive right to engage the services of an attorney -at -law to settle or to otherwise dispute of
said cause of action which shall not be settled or otherwise disposed of without the written
consent of the City. If said fire fighter engages the services of an attorney as aforesaid, the City
shall not be liable for costs or attorney fees in connection therewith; however, in lieu thereof, the
City agrees to limit its pro rata share of any recovery so affected to 75% of injury leave benefits
paid or payable to the fire fighter hereunder. If said fire fighter fails to engage the services of an
attorney, as aforesaid, the City may take such action as it deems advisable for the recovery of
100% of all injury benefits paid to said fire fighter, and said fire fighter will cooperate with the
City in such action as it may take and furnish any and all papers and information in his
possession deemed by the City to be necessary in connection therewith.
Section 4 . No sick leave, injury leave or temporary disability leave benefits shall be
payable to any fire fighter injured while in the employ of an employer other than the City of
Pueblo, or while self - employed.
Section 5 . Employees on injury leave are subject to light or modified duty as defined.
M
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.
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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 therefore 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.
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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 email from
the Fire Chief before the opening is filled. Such memo shall be posted in each station for at least
one business week (7 calendar days). 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 email.
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.
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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.
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.
K lei
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 at least a 3% increase
unless it's the top step.
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.
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 which results
in at least a 3% increase unless it's the top step.
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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.
MR
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
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.
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(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 fling 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.
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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.
IR-10
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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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.
M
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 -I certification and three
(3) years as a Pueblo Fire Fighter.
(3) For Captain, Training Officer /Captain, 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 three (3) years service as a Captain or Training
Officer /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.
Q:1e
ARTICLE 51. DURATION OF AGREEMENT.
2010.
The term of this Agreement shall be begin January 1, 2010 and end December 31,
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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.
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 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 2.5% 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 2.5% 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
2.5% of the member's applicable salary.
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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.
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ARTICLE 57. MATERNITY AND PATERNITY LEAVE.
A firefighter shall be granted leave for the birth of the firefighter's child.
Maternity leave shall commence upon the written recommendation of the mother's
physician or at the time of the childbirth and shall expire upon the physician's written
recommendation or six weeks from the date of childbirth, whichever occurs first.
Paternity leave shall commence at the time of childbirth, unless otherwise approved by
the Chief in advance, and shall not exceed three (3) calendar weeks.
A firefighter may utilize either sick leave or vacation leave for maternity or paternity leave
purposes.
.:
Entered into this I day of N o y E vv^ U 'ti-- 2009.
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL NO. 3
By
President
By e <:�5! 4
Secret ry
CITY OF PUEBLO
By
President of the City Cou cil
ATTEST:
ity Clerk
APPROVED AS TO FORM:
City AttorneL, / tea
.•