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HomeMy WebLinkAboutCC-05-17-04-01 As Amended Fire Union Local 416 AgreementSponsor: Councilor Brian Mayo RESOLUTION NO. CC-05-17-04-01 AS AMENDED A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, ESTABLISHING A CONTRACTUAL RELATIONSHIP WITH CARMEL PROFESSIONAL FIRE]FIGHTERS ASSOCIATION, LOCAL 416 WHEREAS, Indiana law permits the City of Carmel, Indiana ("City") to establish its own framework for addressing employment issues; and WHEREAS, the City does not wish to enter into a collective bargaining relationship, but does wish to establish a contractual relationship with Carmel Professional Firefighters Association, Local 416, pertaining to issues involving the hours, working conditions and certain other benefits of members of the Carmel Fire Department; and WHEREAS, the Agreement attached hereto as Exhibit A, (the "Agreement") sets forth the framework and terms of the contractual relationship between the City and the Association; and WHEREAS, upon the proper execution of the Agreement by the Carmel Board of Public Works and Safety, the Common Council desires to accept and adopt the Agreement as an enforceable contract and obligation of the City. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Carmel, Indiana, that: Section 1. The foregoing Recitals are incorporated herein by this reference. Section 2. The Common Council hereby encourages the Board of Public Works and Safety to approve and execute the Agreement in its present form at its earliest convenience. Section 3. As of the date on which the Agreement is properly executed by the Board of Public Works and Safety in its present form, the Common Council hereby accepts and adopts the Agreement as an enforceable contractual obligation of the City. ~ SO RESOLVED by the Common Council of the City of Carmel, ]7~ay Indiana this of /~ I JR , 2004, by a vote of '7' ayes and ~ nays. -- Page One of Two Pages Prepared by Douglas C. Haney, Carmel City Attorney Sponsor: Councilor Brian Mayo COMMON COUNCIL FOR THE CITY OF CARMEL ~ai'~~ident Pro Tempore (/s~C.-~fflths // ATTL~T: Diana L. Cordray, IAMC, Cler~ffreasurer Richard L. Sharp/ P(res~nt~d by me to the Mayor of the City of Carmel, Indiana, at/4 Pi"-//"~'/,3 o'clock/ff.m m. on day of "-/! ~ ,2004. ~J Diana~L~AMC~i'surer of Carmel, Indiana, /' A~y me, Mayor o f the City at. ~-~/o'clock~//ff. m. this fg~7 day°f ~' 2004' /F_M~,, ff~~ t~farnes Brainard, Mayor Diana L. Cordray, IAMC, Cl~ffrreasurer Council Resolution No. CC-05-17-04-01 Page Two of Two Pages Prepared by Douglas C. Haney, Carmel City Attorney AGREEMENT ARTICLE I Section 1 This agreement ("Agreement") is entered into by and between the City of Carmel, Indiana ("City"), represented by the Mayor of the City ("Mayor"), the City's Board of Public Works and Safety ("Board") and the City's Common Council ("Common Council"), and the Carmel Professional Firefighters Association, Local 416 (the "Union"), represented by the President at Large of Local 416, the Carmel District President and District Trustee. This Agreement is not and shall not be construed as a collective bargaining agreement for purposes of Federal or State labor laws or otherwise. Section 2 The City recognizes the Union as the exclusive representative agent for members of the Carmel Fire Department (the "Department") with the rank of Battalion Chief or below, so long as the Union maintains the support of a majority of those Firefighters. Members of the Department holding the rank of Battalion Chief or below shall be hereinafter collectively referred to as "Employees" and the group of employees represented by the Union as their exclusive representative shall be hereinafter collectively referred to as the "Representative Unit." If the City questions whether the Union has the support of the majority of the Employees in the Representative Unit, it may review the Clerk-Treasurer's records and/or certified records provided by the Union to determine if the Union maintains the support of a majority of the Employees in the Department. If the Union does not maintain the support of the majority of the Employees in the Department, the City shall not recognize the Union as the exclusive representative of the Employees at the end of the calendar year in which such majority support is lost. Section 3 If any provision of this Agreement is rendered or declared invalid by court action or legislation, the remaining portions of this Agreement shall remain in full force and effect. Section 4 The Union and the City will begin negotiations, in good faith, on a future agreement before the termination of this Agreement. Section 5 Upon its proper execution by all parties hereto, this Agreement shall remain in effect until a new Agreement is executed by the parties hereto. Section 6 The terms of this Agreement are intended to cover only minimums in hours, working conditions and other employee benefits. The City may implement or retain in effect superior wages, hours, working conditions and other employee benefits. ARTICLE II Effective upon its final approval, all Employees shall receive an increase in salary of at least the increase in the Consumer Price Index for all Urban Consumers ("CPI-U") independent of seasonal adjustment, as reported by the Bureau of Labor Statistics of the United States Department of Labor. For purposes of this Article, the CPI-U shall be determined by the City's Human Resources Director and his/her determination shall be final for purposes of this Agreement. Any increase in Employee salary or other benefits shall be subject to Article VII of this Agreement. The City agrees to promptly consult with the Union, upon request, regarding changes in Employee working conditions or standards. However, subject to Article VII of this Agreement, no Employee salary, bonus, vacation or sick leave benefits in effect on the effective date shall be reduced without the mutual consent of the City and the Union. ARTICLE III Section 1 The City will "call back" Employees or mark apparatus out of service if staffing falls below four (4) Employees on a fire engine, rescue truck or ladder truck and two (2) Employees on an ambulance. This minimum staffing requirement may be suspended in the event of an emergency as determined in the sole discretion of the Chief of the Department, after consultation with the Union president or the highest ranking available Union officer. Furthermore, the current "eight hour rule" remains in effect, allowing staffing to fall below four (4) employees for a period not to exceed eight (8) hours. Section 2 A "call-back" shall be voluntary unless an emergency is declared by the Chief of the Department or the Mayor and may include alteration of the normal work schedule. "Call-back" time shall be paid at a rate of time and one-half of the Employee's regular hourly rate. Section 3 As used in this Article, "call-back" means requesting or requiring an employee to work hours in addition to the employee's scheduled hours, and "off-duty" means time other than an employee's regularly scheduled working hours or vacation. ARTICLE IV Section '1 Employees elected to represent the Union shall be granted time, not to exceed two thousand (2,000) hours total annually (to be divided as needed), to perform, without loss of pay, Union functions such as, but not limited to, attendance at meetings, conventions, seminars and conferences. Section 2 The City will allow Union meetings to be held in City buildings at times agreed to by the Chief of the Department. The Union will be responsible for the care and security of the building during such meetings. The City will allow the Union to utilize electronic bulletin boards, e-maif systems, Internet access and paging systems in accordance with existing City policies. Section 3 No employee will be required to join, support or pay dues to the Union. There shall be no discrimination, interference, restraint or coercion by the City or Union against any employee for activities or membership in the Union, or a refusal to support, be active in or become a member of the Union. ARTICLE V The Union agrees that it is the exclusive right of the City to: (a) maintain order, discipline and efficiency in the operations of the Department; (b) hire, direct, transfer, promote, discharge or otherwise discipline Employees in accord with law; (c) operate and manage the work of the Department; and (d) allocate personnel, apparatus, fire stations and other resources in a manner the Chief of the Department believes is in the best interest of public safety and the safety of personnel ARTICLE VI The Union and the City agree to work together in good faith to resolve labor/management issues. The Union agrees to encourage its members to follow all Department rules, policies and procedures and to strive to improve their skills to ever-higher levels, and the City agrees to enforce its rules in a fair and impartial manner. Both the Union and the City agree to attempt to resolve issues subject to this Agreement informally or through Alternative Dispute Resolution (ADR) before commencing or sponsoring legal action against the other. 3 ARTICLE VII The parties hereto agree that if the Common Council should fail or refuse to fully fund the implementation of this Agreement under circumstances wherein full funding would not adversely affect a vital governmental function of the City, they will return to the negotiation process to negotiate an Agreement that is consistent with the funding approved by the Common Council. SO APPROVED AND ADOPTED. CARMEL PROFESSIONAL FIREFIGHTERS ASSOCIATION LOCAL 416 ("UNION") BY: President at Large, Local 416 Date: Carmel District President Date: Carmel District Trustee Date: 4 CARMEL BOARD OF PUBLIC WORKS AND SAFETY ("BOARD") By: James Brainard, Presiding Officer Date: Mary Ann Burke, Member Date: Lori S. Watson, Member Date: ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Date: COMMON COUNC. FOR THE C.T¥ OF C^RME.. ,ND.^N^ //// Ronald ~Ca~er,~resjd~nt ~Eo Tempore Brian D. May~ ~ Date: S' / ~ Date: ~ II 7/OY Date:Mark Rattermann Richard 'L. Sharp/' Date: DDi~:a C dray, I k asurer 6