|
|
CITY OF TROTWOOD
and
TROTWOOD PROFESSIONAL FIREFIGHTERS
IAFF LOCAL 4024
(Fire and Rescue)
(January 1, 2007 to December 31, 2009)
|
Article |
Description |
Article |
Description |
|
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 |
MANAGEMENT TERMS AND RESPONSIBILITIES PROHIBITION OF STRIKES AND LOCKOUTS |
21 22 23 24 25 26 27 28
29 30 31 32 33 34 35 36 37 38 39 40 41 |
LABOR/MANAGEMENT/HEALTH & SAFETY COMMITTEE PREEMPTION OF STATUTORY PROVISIONS OVERTIME ASSIGNMENT AND COMPUTER ACCESS
|
THIS AGREEMENT WAS MADE AND ENTERED INTO by and between the City of Trotwood, Ohio hereinafter referred to as the "City" and the Trotwood Professional Firefighter, IAFF Local 4024, hereinafter referred to as the "Union".
ARTICLE I - PURPOSE/COOPERATION
Section 1. The purpose of this agreement is to establish the wages, hours, fringe benefits, terms and conditions of employment, and agreed-to-working conditions for all employees represented by the Union and to provide for the peaceful adjustment of differences which may arise.
ARTICLE II - RECOGNITION
Section 1. As the result of the procedure established for recognizing employee organizations, and the certification issued by the State Employment Relations Board in Case No. 00-REP-03-0053 and as amended in Case No. 06-REP-03-0027, the City recognizes the Union as the certified employee organization and the exclusive negotiating spokesman of full-time employees in the Trotwood Fire Department in the following classifications:
-
Included: Firefighter/EMT; Firefighter/Paramedic; Lieutenant
Excluded: Battalion Chief, Assistant Chief, Public Safety Director and all Part-Time Staff
The parties have also agreed to include the positions of Firefighter/Paramedic Trainee #1 and Firefighter/Paramedic Trainee #2 within the bargaining unit covered by this Agreement.
In the event that new full-time job categories are created in the Fire Department that would be deemed appropriate for inclusion into the bargaining unit under Ohio Rev. Code 4117 and regulations of the State Employment Relations Board, the parties shall meet to negotiate an appropriate wage rate for said position(s) if not already included in this Agreement and if the parties are not able to agree, the matter shall be referred to arbitration.
It is agreed by the parties that Paid-on-Call and Volunteer personnel, if used by the Department, are not covered by this Agreement.
Section 2. No employee covered by the provisions of this agreement shall be required, as a condition of employment, to acquire and/or maintain membership in the Union.
Section 3. The Union recognizes the city council of the City as the elected representatives of the citizens of the City of Trotwood, and the city manager as the appointed chief executive employee and chief negotiating spokesman of the City of Trotwood, Ohio, consistent with the laws of the State of Ohio.
Section 4. The City and the Union recognize the requirement to provide uninterrupted services to the citizens of the City of Trotwood, Ohio and said services must be provided in the most efficient manner and at the least possible burden to the citizens of the City of Trotwood, Ohio.
ARTICLE III - GENDER AND PLURAL
Section 1. Whenever the context so requires, the use of the words herein in the singular shall be construed to include the plural, and words in the plural, the singular, and words whether in the masculine, feminine, or neuter genders shall be construed to include all genders. By the use of either the masculine or feminine genders, it is understood that said use is for convenience purposes only and is not to be interpreted to be discriminatory by reason of sex.
ARTICLE IV - NON-DISCRIMINATION
Section 1. There shall be no discrimination by the City or the Union against any employee on the basis of such employee's membership or non-membership in the Union. The provisions of this agreement shall be applied equally to each employee in the bargaining unit without discrimination on the basis of sex, sexual preference, religion, age, race, color, creed, national origin, disability, political affiliation or political activity and union activity to the extent protected under applicable state and federal law. The Union shall share equally with the City the responsibility for applying this provision of the agreement.
ARTICLE V - MANAGEMENT TERMS AND RESPONSIBILITIES
Section 1. The City retains all rights except those that this agreement specifically and expressly provides to the contrary. The management and direction of the affairs of the city are retained by the City. This includes, but is not limited to: The selection, transfer, assignment, promotion and layoff of fire and rescue personnel, the termination of probationary personnel; the termination for just cause of other personnel; the making, amending and enforcement of reasonable work rules and regulations, including the right to establish the work week of employees; the securing of the revenues of the city, and exercise of all functions of government granted to the city by the State Constitution, the City Charter and the statutes of the State of Ohio, the determination from time to time as to what services the city shall perform; the establishment or continuation of policies, practices or procedures for the conduct of its affairs and, from time to time, the changing or abolition of such practices or procedures; the determination of the number of hours per day or week any operation may be carried on; the selection and determination of the number and types of personnel required; the establishment of training programs and upgrading requirements for employees; the establishment of and the changing of work schedules and shift assignments; the contracting for the performance of such work as the City determines advisable and the taking of such other measures as the City may determine to be necessary for the orderly and efficient operation of the city and the determination of the size and composition of the work force including the use of part-time personnel.
In the event that the Employer contemplates the subcontracting of work from the Fire Department to an outside third party that would result in the layoff of any employee covered by this Agreement, the Employer shall provide at least 30 days prior written notice to the Union and meet with the Union upon request to examine alternatives to the proposed subcontracting and the effects upon the affected employee(s). Final decision as to the subcontracting shall remain with the Employer.
Section 2. The Employer has the right to establish reasonable work rules, policies and procedures to regulate employees in the performance of their job. To the extent any work rules, policies, and procedures and general orders have been or will become reduced to writing, each shall be posted at a conspicuous location at the Department. The Union shall be provided with a copy of the same. Except in cases of emergency or when waived by the Union. the posting of the rule, policy or procedure shall occur at least 7 days prior to its effective date.
ARTICLE VI - PROHIBITION OF STRIKES AND LOCKOUTS
Section 1. Neither the Union or any employee shall take part in, cause, or aid any strike, slowdown, picketing (so as to encourage employees not to work), or any interference with the operations of the city during the term of this agreement. The Employer shall not lockout any employees during the term of this Agreement and the Union shall have all rights at law and equity to prevent such action. In addition to other rights and remedies prescribed by law, the City shall have the right to discipline employees violating this section, and no such discipline may be set aside unless the employee is found innocent of any violation of this section. This section shall not deny the Union's right to grieve on behalf of the disciplined non-probationary employees. However, nothing in this section shall preclude the City and Union from negotiating a settlement regarding any disciplinary action which was taken as a result of an employee(s) violation of this section, when it is determined by the City to be in the City's best interest to negotiate such a settlement.
Section 2. If there is an unauthorized strike, work stoppage, interruption or impeding of work, or other job actions by members of the bargaining unit designed to change the course of or influence the negotiation process, the Union together with its employees and agents shall publicly denounce said strike, work stoppage, interruption or impeding of work; disclaim approval, order those taking part in such strike, work stoppage, interruption or impeding of work to return to work immediately and instruct all interested employees of the City or other employers, that said strike is not authorized and that work shall be continued. Employees engaged in such activity as defined herein shall be subject to appropriate discipline.
ARTICLE VII - DUES DEDUCTION
Section 1. During the period this agreement is in effect, the City will deduct the regular Union dues, initiation fees and general assessments from the wages of employees who individually and voluntarily authorize and direct such deduction in writing. Such deduction shall be made bi-weekly and shall be promptly forwarded to the Union using such methods as are mutually agreed upon, including direct deposit.
Section 2. The Union shall hold the City harmless from all liability arising out of any action taken by it or omitted by it in compliance with or in an attempt to comply with the provisions of this article.
Section 3. No employee covered by the provisions of this agreement shall be required as a condition of employment to pay to the Union, its representatives, agents, or assignees any sum of money for any purpose, including but not limited to dues, assessments or contributions.
Section 1. The Union shall select an Executive Committee of up to five (5) members for the purpose of conducting Union business. Said employees shall be certified to the City Manager in writing by the Union.
Section 2. In case of disciplinary action or grievance involving lower levels of discipline or a non-disciplinary matter, one of the members of the Executive Committee shall be allowed reasonable time without loss of pay to investigate a disciplinary action and/or other grievance matter and consult with the City in the processing of the disciplinary action and/or grievance, if he first receives permission from his command employee. Such investigation may be undertaken at any time provide work assignments are not interfered with and can be conducted prior to the conduct of a pre-disciplinary hearing. The City may, but is not required to, defer imposition of discipline while such investigation is underway. Such permission will not be unreasonably denied. The City agrees to cooperate with the Union in conducting an investigation of a grievance.
Section 3. The City shall provide a reasonable opportunity for the Union to participate during the orientation of new employees to permit the Union to provide information concerning union membership. The Union shall furnish the City with a current copy of its Constitution and By-laws upon request from the City.
Section 4. All members attending Union meetings shall attend said meetings during hours when they are not regularly scheduled to work. Members on duty may attend a meeting at a location within the City with prior notice to and consent from the Public Safety Director or his designee provided sufficient manpower remains on call and is available to provide emergency response services and personnel in a meeting shall be subject to emergency call; and further, that no employees shall be absent from duty to attend such a meeting for more than one (1) hour which times may be extended by the Public Safety Director or his designee.
Section 5. An International representative of the Union may consult with the employees at the work site before the start of and at the completion of the shift. With the consent of the Public Safety Director or his designee said representative(s) shall be permitted access to a meeting room mutually agreed upon by the Union and Public Safety Director or his designee or his designee at all reasonable times for the purpose of adjusting grievances and assisting in the settlement of disputes. This privilege is extended subject to the understanding that the work assignments are not in fact interfered with. The consent of the Public Safety Director or his designee shall not be unreasonably withheld. An Executive Committee member shall have the privileges accorded to the Union International representative when it is known that the International representative will be unavailable.
Section 6. The Union Local shall provide to the Employer an official roster of its officers and Executive Committee which is to be kept current at all times and shall include the following:
1. Name
2. Address
3. Home telephone number
4. Immediate supervisor
5. Union office held
No employee shall be recognized by the Employer as a Union representative until the Union has presented the Employer with written certification of that person's selection.
Section 7. The Union shall be permitted to supply and maintain a file cabinet in such location as is mutually agreed upon by the Union and Public Safety Director or his designee for purposes of keeping Union records in a central, accessible location.
ARTICLE IX - DISCIPLINARY ACTION AND APPEALS
Section 1. Discipline involving suspension or termination shall be subject to Article X - Grievance Procedure and Article XI - Arbitration Procedure.
Section 2. Discipline shall be applied in a corrective, progressive, reasonable and uniform manner. Progressive discipline shall take into account the nature of the violation, the employee's prior history of discipline and the employee's record of performance and conduct. The concept of "progressive discipline" normally involves a progression through employee counseling, verbal reprimands, written reprimands, suspension and termination, however the severity of the offense may require the imposition of more severe discipline on a case by case basis. The maximum suspension that may be imposed by the Assistant Chief is 24 hours. Any suspension in excess of that amount requires the approval of the City Manager.
In the event that the that similar offenses are subjected to unreasonably inconsistent levels of discipline that vary from supervisor to supervisor, the parties will meet at the Union’s request to address the Union’s concerns and to either make the application of such discipline reasonably consistent or to implement a procedure whereby a pre-disciplinary conference is held prior to the imposition of more severe discipline. If a pre-disciplinary meeting is held with the Assistant Chief and/or Public Safety Director and a grievance is subsequently filed, the processing will commence at Step 2 of the grievance procedure.
Section 3. Employees may be disciplined for just cause. In the event that an employee is to be given disciplinary action for behavior or conduct which warrants time-off, suspension or removal, a predisciplinary conference between the employer and the employee and an Executive Committee member of the Union shall be arranged. If the employee elects not to have a representative present, such waiver shall be in writing. This conference shall be scheduled not earlier than 24 hours after the time the employee is notified of the discipline and the predisciplinary conference, however, upon request the conference can be rescheduled for reasonable periods of time to permit the Union additional time to investigate the matter or to obtain representation. The employee may have and Executive Committee member plus the International representative present at the predisciplinary conference. The employee shall be responsible to notify his representatives. The employer may have additional personnel present at the predisciplinary conference.
Section 4. In the event of an accusation of serious misconduct an employee may be placed on paid administrative leave pending the holding of a predisciplinary conference. If the matter involves a documented accusation of serious misconduct involving criminal activity resulting in criminal charges, arrest and/or indictment, the suspension may be without pay provided a predisciplinary conference is scheduled to be held within the next three (3) business days.
Section 5. An employee who receives disciplinary action subsequent to the predisciplinary conference referenced above shall be given written notice regarding the reasons for the disciplinary action.
Section 6. Complaints from third parties which may result in disciplinary action must be in writing and signed by the complainant. The employee will be notified of the complaint by the City upon commencement of an investigation. The notification to the employee may be delayed in the event that the matter involves bona fide investigation of criminal conduct by the employee. Prior to any questioning of the employee, the employee will be notified of his right to be represented by legal counsel and apprised of his rights concerning statements made by him. The City shall follow the procedure set forth in its Personnel Rules & Regulations Part III, Section E(1)-(7) in effect as of the date of this Agreement in processing complaints by third parties against employees covered by this Agreement.
Section 7. Employees may review their personnel file at reasonable times upon written request. Employees may request, through their supervisor that the individual responsible for their personnel file remove inaccurate materials from their file. If the individual declines the request, the employee shall have the right to have a memorandum attached to the document in question, stating the employee's concerns. An employee's medical records shall be confidentially maintained in accordance with applicable state and federal law.
Section 8. All actions of record will be maintained in each employee's personnel file throughout his period of employment, with the exception that any of the following records will be removed from the file upon the request of the employee, according to the following schedule:
A. Documented Employee Counseling Reference to verbal counseling shall be expunged from any file maintained by the Employer after three (3) months, at the employee's request, provided that no further discipline of the same or similar nature is imposed within three (3) months of the verbal counseling
B. Documented Verbal Reprimand. A verbal reprimand shall be expunged from any file maintained by the Employer after six (6) months, at the employee's request, provided that no further discipline of the same or similar nature is imposed within six (6) months of the verbal reprimand.
C. Written Reprimand. A written reprimand shall be expunged from any file maintained by the Employer after 12 months, at the employee's request, provided that no further discipline of the same or similar nature is imposed within one (1) year of the written reprimand.
D. Suspension. A suspension shall be expunged from any file maintained by the Employer, at the employee's request, after two (2) years of the suspension.
No records regarding prior discipline or performance evaluation may be used in connection with disciplinary or promotion/retention related matters unless such records are maintained in files -- personnel or otherwise -- that as of the effective date of this Agreement have been identified and are readily accessible to the employee for inspection upon request.
Section 9. The commencement of the taking of disciplinary action[1] or notification that asserted charges/complaints are unfounded shall occur within (a) thirty (30) calendar days after the completion of an investigation of the matter or (b) within sixty (60) days after the incident at issue first comes to the attention of the Public Safety Director whichever is the earlier. In the event that the Public Safety Director or his designee determines that additional investigation into a potential disciplinary matter is warranted he may extend the above referenced time periods by an additional sixty (60) days upon notice to the employee and the Union. Upon the commencement of disciplinary action, and reasonably prior to any hearing(s) conducted therewith, the employee shall be entitled upon request to copies of such internal documents as may constitute "public records" under R.C. §149.43 which are being utilized in connection with said disciplinary proceedings
Unless a matter involves criminal activity or has been deliberately concealed, an employee shall not be disciplined for matters which occurred more than 18 months prior to serving disciplinary charges upon him.
Section 10. At any disciplinary meeting, the Executive Committee member shall be furnished copies of those written records and/or documents which are presented to the employee.
Section 11. For purposes of this Agreement, use of the term "days" shall mean "calendar days" unless otherwise specified.
ARTICLE X - GRIEVANCE PROCEDURE
Section 1. Grievance Defined. A grievance, under this agreement, is a written dispute, claim, or complaint arising under or during the term of this agreement and filed by either an authorized representative of or an employee in the bargaining unit. Grievances are limited to matters of interpretation or application of express provisions of this agreement, including wages, benefits and working conditions. Grievances involving disciplinary action shall be handled in accordance with Article IX of this agreement. Probationary employees shall not be entitled to grieve matters involving discipline or discharge. Disputes over an issue that involves more than 1 employee may be filed as a "group" or collective grievance rather than requiring separate grievances.
Section 2. Timeliness of Grievance. All grievances must be filed, in writing using approved IAFF forms, within fourteen (14) calendar days after occurrence of the circumstance given rise to the grievance. Otherwise, the right to file a grievance is forfeited and no grievance shall be deemed to exist.
Section 3. All employees are encouraged to discuss any problems with their supervisor to see if the problem can be resolved prior to the filing of a grievance.
Section 4. The time limits provided herein will be strictly adhered to and any grievance not filed initially or appealed within the specified time limits will be deemed waived and void. The time limits specified for either party may be extended only by written mutual agreement.
Step 1: If the dispute is not resolved informally, it shall be reduced to writing by the grievant and presented as a grievance to the Assistant Chief within fourteen (14) calendar days of the occurrence of the facts giving rise to the grievance. The Assistant Chief in consultation with the Public Safety Director shall give his answer within fourteen (14) calendar days of the date the grievance is received. Failure to timely respond shall automatically advance the grievance to the next Step.
Step 2: If the grievant is not satisfied with the written decision at the conclusion of Step 1, a written appeal of the decision may be filed with the City Manager within fourteen (14) calendar days from the date of the rendering of the decision of Step 1. Copies of the written decisions shall be submitted with the appeal. The City Manager or his designee in his absence shall convene a hearing within fourteen (14) calendar days of the receipt of the appeal. The hearing will be held with the grievant, his Union representative and any other party necessary to provide the required information for the rendering of a proper decision. The City Manager or his designee shall issue a written decision to the employee and his Union representative within fourteen (14) calendar days from the date of the hearing. If the grievant is not satisfied with the decision at Step 2, he may proceed to arbitration pursuant to the Arbitration Procedure herein contained.
ARTICLE XI - ARBITRATION PROCEDURE
Section 1. In the event a grievance is unresolved after being processed through all steps of the Grievance Procedure, unless mutually waived, then within seven (7) calendar days after the rendering of the decision at Step 2, the grievant may submit the grievance to arbitration. Within this seven (7) day period, the parties may either meet to mutually agree upon an arbitrator or the Union may promptly request the Federal Mediation and Conciliation Service to submit a panel of arbitrators and the parties will choose one by the alternative strike method.
Section 2. The arbitrator shall have no power or authority to add to, subtract from, or in any manner, alter the specific terms of this agreement or to make any award requiring the commission of any act prohibited by law or to make any award that itself is contrary to law or violates any of the terms and conditions of this agreement.
Section 3. The hearing or hearings shall be conducted pursuant to the arbitration rules of the Federal Mediation and Conciliation Service.
Section 4. The fees and expenses of the arbitrator will be borne by the party losing the grievance. All other expenses shall be borne by the party incurring them. Neither party shall be responsible for any of the expenses incurred by the other party. The Union shall have the right to voluntarily dismiss and withdraw a matter submitted to arbitration subject to payment of any applicable cancellation fee.
Section 5. An employee requested to appear at the arbitration hearing by either party shall attend without the necessity of subpoena, and shall be compensated at his regular hourly rate for all hours during which his attendance is required by either party. Any requests made by either party for the attendance of witnesses shall be made in good faith.
Section 6. The arbitrator's decision and award will be in writing and the parties may request that it be issued within thirty (30) calendar days from the date the record is closed. The decision of the arbitrator shall be final and binding upon the parties subject only to such limited rights of appeal as are provided by law.
Section 1. The parties acknowledge that during the negotiations which resulted in this agreement, each had unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the areas of collective bargaining and that the understanding and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this agreement. Therefore, the employer and the Union for the life of this agreement, each voluntarily and unqualifiedly waives the right and agrees that the other shall not be obliged in bargaining collectively with respect to any subject or matter not specifically referred to or covered in this agreement even though such subject or matter may not have been within the knowledge of contemplation of both parties at the time that they negotiated or signed this agreement. Nothing contained in this section shall prevent, however, the parties by mutual agreement from adding to or subtracting from this agreement.
ARTICLE XIII - OVERTIME
Section 1. When employees worked time within a 28 day work period exceeds 212 hours they will receive time and 1/2 for all hours worked in excess of 212.
Section 2. Definitions of Overtime. Overtime shall be considered as authorized time worked in excess of 212 hours in a 28 day work period. For purposes of computing overtime, worked time shall include paid vacations (and holidays for employees working a 40 hour shift) and SP Leave but shall not include time spent on sick leave. For employees on a 5/2 schedule the normal work week shall be 40 hours and overtime shall be considered as authorized time worked in excess of 40 hours in a work week. For employees on a special schedule the normal work week shall be their posted schedule. Those hours in excess of 212 hours in a 28 day work period shall be compensated at a rate of one and one-half time employee's regular rate of pay. In computing hours worked, each completed fifteen (15) minute interval will be used for payroll purposes.
Section 3. Distribution of Overtime An overtime rotation list by seniority will be maintained. When the employer determines to offer an overtime opportunity that it chooses to fill with other than part-time employees it will offer it on a voluntary basis using the overtime rotation list after which it will order in employees. Battalion Chiefs shall be required to cover absent shifts of other Battalion Chiefs and paid at 24/48 rates as applicable with appropriate adjustment to overtime rates.
The employee will provide both a primary and secondary phone number (if available) at which he may be contacted.
Section 4. Mistakes in offering overtime will be corrected by offering the employee who was missed the next available opportunity. Additionally, in the event of a patterned or intentional failure to comply with the procedure for assignment of overtime that is not remedied by the Assistant Chief or his designee despite prior notification and reasonable opportunity to address the failure, the matter will be subject to an additional award of two (2) hours pay to the employee denied the overtime.
Section 5. Comp Time. Employees can bank up to 48 hours of comp time (32 hours of overtime = 48 hours of comp time) which can be used when no other employee is off and no coverage requiring overtime is required.
ARTICLE XIV - OTHER COMPENSATED TIME
Section 1. Required Court Time. When an employee is required to attend court during nonscheduled work hours for duty related items he shall be paid a minimum of 2 hours pay at applicable rates.
Section 2. Call-out Pay. An employee called out shall receive a minimum of two (2) hours time for each call-out provided it is not an extension of their scheduled shift.
Section 3. Training and Departmental Meetings. Training and departmental meetings during non-scheduled work hours shall be credited with a minimum of two (2) hours pay at applicable rates.
Section 4. Tuition Reimbursement. Employees shall be entitled to participate in city wide tuition reimbursement programs to the extent they are funded and in effect.
Section 5. Working out of Classification. Bargaining unit employees who are assigned out of classification to responsibilities and duties of a position or rank above that which the employee normally holds for a period of time in excess of two (2) hours, shall be paid at the equal step for the position the employee is performing. Platoon rosters by seniority will be maintained and selections for temporary assignment to the higher rank will be made from said rosters, it being understood that absent emergency circumstances, an employee may decline such assignment. While seniority and experience shall be factors in making an assignment, the final decision shall be that of the Assistant Chief.
ARTICLE XV – HOLIDAYS
Section 1. For purposes of determining an Employee’s eligibility for premium pay for working on a holiday, the City recognizes the following holidays:
New Year's Day Martin Luther King Jr. Day
Memorial Day Independence Day
Thanksgiving Day Day After Thanksgiving
Labor Day Christmas Day
Section 2. Any Employee working a holiday will be paid one and one-half (1-1/2) times the employee's normal pay for all hours worked between 06:00 and 18:00 hours on that day (up to 12), however, an employee working on Thanksgiving, Day after Thanksgiving, Christmas and/or New Years will be paid one and one-half (1-1/2) times the employee's normal pay for all hours worked between 06:00 and 00:00 hours on that day (up to 18).
Each employee who works a 24-48 shift and who does not receive paid time off for City recognized holidays shall receive twenty four (24) hours of pay for each holiday regardless if worked or not and payable in a lump sum. The employee will receive this holiday lump sum payment in the amount of one hundred ninety two (192) hours of regular pay (computed at the 24/48 rate) in one check separate from their regular paycheck in the last payroll period prior to Thanksgiving.
Each employee who works a 40 hour/week shift shall receive sixty four (64) hours of pay for each holiday regardless if worked or not and payable in a lump sum. The employee will receive this holiday lump sum payment in the amount of sixty four (64)) hours of regular pay (computed at the 40 hour/week rate) in one check separate from their regular paycheck in the last payroll period prior to Thanksgiving.
ARTICLE XVI - VACATIONS
Section 1. Each full-time employee shall earn and be entitled to a paid vacation in accordance with the following schedule:
Length of Service Annual Vacation
24/48 5/40
(Employees hired on or after January 1, 2004)
After 1 year but less than 2 years 48 hours 40 hours
After 2 year, but less than 5 years 120 hours 80 hours
(Employees hired before January 1, 2004)
After 1 year but less than 5 years 120 hours 80 hours
(All Employees)
After 5 years, but less 10 years 144 hours 104 hours
After 10 years, but less than 13 years 168 hours 120 hours
After 13 years, but less than 15 years 192 hours 136 hours
After 15 years, but less than 20 years 216 hours 160 hours
After 20 years continuous service 288 hours 200 hours
Section 2. Earned vacation shall be awarded on the employee's anniversary date in accordance with the above schedule, provided the employee is employed by the employer at that time. However, if an employee terminates his employment, he shall receive a pro-rata payment for unused benefits. Any employee who resigns, terminates or retires from the Department shall be paid in a lump sum for all earned but unused vacation payable on an hour for hour basis at the employee's then base hourly rate. In the event of the death of an employee all earned but unused vacation shall be paid in a lump sum to the employee's next of kin or estate as designated by the employee.
Section 3. Vacation time shall be taken at a time approved by the scheduling supervisor. Employees shall receive timely notice of the approval of their requested vacation leave (usually within 72 hours) and said approval shall not be unreasonably withheld.
Section 4. The maximum vacation carry over shall be equal to one year's vacation allowance.
Section 5. Vacation Scheduling:
(a) To coincide with the scheduling of EDO’s under Article XVIII, employees may submit vacation requests for the upcoming year during the period December 1 through December 31. In the event of conflicts, seniority shall prevail. Requests made after December 31 shall be on a “first come-first served” basis and approved or denied based upon scheduling needs. Request should preferably be made 60 days but no less than 30 days in advance to facilitate upcoming work schedules and Employees shall receive timely notice of the approval of their requested vacation leave (usually within 72 hours) and said approval shall not be unreasonably withheld.
(b) No more than two (2) employees per shift shall be permitted to take vacation and/or EDO’s at the same time. All shifts shall be covered by at least one (1) lieutenant, however this provision may be waived at the discretion of the Public Service Director or his designee.
The application of “Blackout” paragraphs (c)(i)–(c)(vi) shall be temporarily suspended for holidays occurring during the period January 1 through December 31, 2007. The City may elect to reopen these paragraphs for negotiation not later than November 15, 2007 as to whether to reinstitute the application of a “blackout” for subsequent years.
(c) Because of difficulties in obtaining shift coverage, the following additional restrictions on taking vacation and/or EDO’s shall apply during holiday blackout periods. Unless permitted herein, no vacation or EDO’s may be taken during a blackout period.
(i) A “long blackout period” includes the holiday, three (3) days before and three (3) days after the holiday.
(ii) A “short blackout period” includes the holiday and the day before and day after the holiday.
(iii) Vacations and/or EDO’s scheduled during the December 1-31 period for the following year shall be subject to the short blackout period.
(iv) Vacations and/or EDO’s scheduled after the December 1-31 period shall be subject to the long blackout period.
(v) If scheduled during the December 1-31 period for the following year up to one (1) employee per shift may take vacation or EDO during the blackout period for Thanksgiving; Day After Thanksgiving; Christmas and New Years
(vi) If scheduled during the December 1-31 period for the following year up to two (2) employees per shift may take vacation and/or EDO’s during the blackout period for Martin Luther King Day; Memorial Day; Independence Day and Labor Day.
(d) Cancellation of pre-approved vacation by the City shall only be permitted in the event of a city, state or national emergency which requires the presence of all employees available for duty. If an employee is ordered back from vacation leave and incurs travel expenses which would not have otherwise been incurred the City shall reimburse such expense.
ARTICLE XVII - SICK LEAVE
Section 1. Sick leave shall be defined as an absence with pay necessitated by illness or injury to the employee or for the injury to or illness of a dependent child.
Section 2. All full-time employees shall earn sick leave at the rate of 10 hours per month for employees working a 5 day, 40 hour per week schedule and 14 hours per month for employees working a 24/48 schedule and may accumulate such sick leave without limit if hired before January 1, 2004 otherwise limited to 1200 hours; provided, however, that an employee must work at least 60% of the available work days during a month to accumulate sick leave. Sick leave shall not be accumulated during any period of absence, except for approved vacation leave. Approved vacation leave shall count towards the 60% work requirement.
Section 3. An employee who is absent on sick leave shall make a good faith effort to notify their supervisor of such absence and the reason therefore at least two (2) hours before the start of their shift.
Section 4. Sick leave must be used in segments of not less than two (2) hours or one (1) hour if needed to make arrangements for a sick child.
Section 5. Abuse of sick leave or the patterned use of sick leave shall be just and sufficient cause for discipline.
Section 6. An employee who transfers to this department from another department of the employer shall be allowed to transfer his accumulated sick leave.
Section 7. Any employee of the department who has accumulated sick leave earned from being employed by another political subdivision shall be allowed to transfer said accumulation to his sick leave accumulation with the employer.
Section 8. Sick time may be exchanged for vacation days by employees hired before January 1, 2004 after a balance of 600 sick leave hours are accumulated by 40 hour employees or 840 sick leave hours are accumulated by 24/48 employees. The employee can exchange three (3) sick leave hours for one (1) vacation hour, or one (1) hour of pay. During a calendar year 40 hour employees may exchange up to a maximum of 240 sick leave hours for 80 hours of vacation or pay and 24/48 employees may exchange up to a maximum of 402 sick leave hours for 134 hours of vacation or pay.
Section 9. When an employee is absent on sick leave (including leave for illness or injury of dependent child) that exceeds twenty four (24) consecutive regularly scheduled hours for 24/48 hour employees or that exceeds 8 regularly scheduled hours for 40 hour/week employees, he shall be required to submit a doctor's excuse upon the employer's request. With prior written notice to the employee by the City because of excessive or patterned use of sick leave, a doctor's excuse may be required on any future occasion of sick leave use.
Section 10. Up to two (2) sick leave days may be used for paternity leave, however, in unusual circumstances the Public Safety Director or his designee has the discretion to permit an employee to use additional paid sick leave for matters involving the birth of his child or for serious, documented illnesses involving members of the employee's immediate family (spouse, children, parent, or person acting in loco parentis of employee) living in employee's home.
Section 11. The Public Safety Director or his designee may require an employee who has been absent due to personal illness or injury in excess of the period set forth at Section 9, prior to and as a condition of his return to duty, to provide a certification from the employee’s physician that he is fit to return to work. The City also has the right to require the employee to be examined by a physician designated and paid for by the employer to establish that he is not disabled from the performance of his normal duties and that his return to duty will not jeopardize the health and safety of other employees. In the event that the City requires the additional examination notwithstanding the certification from the employee’s own physician and said subsequent examination also confirms that the employee was fit to return to work, the City shall reimburse the employee for any lost time that resulted from the subsequent examination and not charge said time against the employee’s accrued sick leave.
Section 12. The City's policy on donation of sick leave in effect as of the date of this agreement is incorporated by reference herein.
Section 13.