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HomeMy WebLinkAboutCC-08-15-05-03 Carmel Fire Dept Union/AmendingSponsor: Councilor Brian Mayo RESOLUTION CC-08-15-05-03 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL~ INDIANA~ AMENDING THE CONTRACT WITH CARMEL PROFESSIONAL FIREFIGHTERS ASSOCIATION WHEREAS, pursuant to Indiana law, the City of Carmel, Indiana ("City") has established a contractual relationship with Carmel Professional Firefighters Association ("Association"), pertaining to issues involving the hours, working conditions and certain other benefits of members of the Carmel Fire Department; and WHEREAS, the City and the Association now wish to revise their contractual relationship; and WHEREAS, the agreement attached hereto as Exhibit A, (the "Agreement") sets forth the new 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 1T 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 at !ts 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 RE~OLVED by the Common Cr-quncil of the C}~ of Carmel, Indiana this /'~' day of k, )~,.XC/~ ~X_D.9~ ,2005, by a vote of' l 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, INDIANA p~ing Officer R~onald~. JTgm't~ /~r e dri~'~a'~e~ Richard L'. Sh~r~ 7 ATTEST: Diana L. Cordray, IAMc, Clerk-Tteasur~r Presented by me to the Mayor of the City of Carmel, Indiana, this/.~l~day of ~,kl~l~ at '~: 10 O'clock, /0 .M. Diana L. Cordray, IAMC, Clerk-Treas~/~ 2005, Approved by me, Mayor of the City of Carmel, Indiana, this __ 2005, at "7.' I 0 O'clock, '~ . M. ATI'EST: Page Two of Two Pages nard, Mayor Prepared by Douglas C,. Haney, Carmel City Attorney Labor Agreement Between City of Carmel And Carmel Professional Firefighters Local #4444 Effective January 1, 2005 to December 31, 2006 LABOR AGREEMENT ARTICLE I Section 1 Preamble. 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 Work and Safety ("Board") and the City's Common Council ("Common Council"), and the Carmel Professional Firefighters Union, Local 4444 (the "Union"), represented by the Carmel President, Carmel Secretary/Treasurer. 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 Recognition. 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 bargaining 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 Separability. 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 Term; Future A,qreements. Upon its proper execution by all parties hereto, this Agreement shall be effective as of January 1, 2005, and shall be in effect for two years ending December 31, 2006. The Union and the City will begin negotiations, in good faith, on a future labor agreement before the termination of this Agreement. If a new Agreement is not executed before the end of this Agreement, then this Agreement shall remain in effect until a new Agreement is executed by the parties hereto. Section 5 Minimums Only. 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. Section 6 Uniformity. Although the parties recognize that it is extremely difficult to compare different pay and work structures so as to ensure exact mathematical equivalencies, the City aqrees that, as much as is reasonable possible, Carmel Firefighters shall receive the equivalence in benefits and pay raises received by all city public safety employees for pay compensation and fringe benefits, ARTICLE II Cost ofLivinq Adiustments. Effective upon its final approval, all employees covered by this agreement shall receive an increase to their base salary of three percent (3%) each year for the term of this agreement. The parties hereto agree that should the Consumer Price Index for all Midwestern Wage Earners ("CPI-W") independent of seasonal adjustment, as reported by the Bureau of Labor Statistics of the United States Department of Labor for the previous calendar year fluctuate plus or minus 1.5 % from the three percent (3%) C.O.L.A. provided for by this Article, they shall return to the negotiation process to consider a more appropriate C.O.L.A. Any increase in Employee salary or other benefits shall be subject to Article VIII of this Agreement. The City agrees to promptly consult with the Union, upon request, regarding changes made to Employee working conditions and/or standards. However, subject to Article VII of this Agreement, no Employee salary, bonus, vacation or sick leave benefits in effect on January 1, 2005 shall be reduced without the mutual consent of the City and the Union. ARTICLE III Section 1 Minimum Staffing. 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 "8-hour rule" remains in effect allowing staffing to fall below four (4) employees so long as that vacancy is not for 8 or more hours. Section 2 Overtime. 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 Call-back Definition. 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 Union Time. 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 Union use of City Property. 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-mail systems, Intemet access and paging systems in accordance with existing City policies. Section 3 Payroll Deduction. The City agrees to deduct union dues automatically and deposit them directly into the appropriate account with the Greater Indianapolis Firefighters Federal Credit Union. However, the City shall not be liable to the Union or to any Employee for its unintentional failure or delay in makinq such deposits, or for any deposit errors that result from the Union's or Employee's failure to timely notify the Cib/ of dues deduction changes. Section 4 Non-Discrimination. 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 R(qhts of the City. 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 Vt Section 1 Dispute Resolution. The Union and the City agree to work together in good faith to resolve labodmanagement 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. Section 2 Strikes and Lockouts. As the services preformed by the employees covered by this Agreement are essential to the administration of the department and to the welfare of the public dependent thereon, the Carmel Professional Firefighters Union or any of it employees covered by the Agreement shall not initiate, authorize, sanction, encourage, support or engage in any strike, slow-down, concerted job action, work stoppage, "sick out", or cease the continuous performance of their duties. The City agrees that no lock out shall take place during the term of this Agreement. The Union acknowledges that any conduct that violates this Section threatens irreparable harm to the public. The Union shall have no liability for unauthorized activity by the employees in violation of this Section, and agrees to immediately make a vigorous, bona fide and continued effort to end all such activities in the event of a documented violation of this Section, including written notification to each offending employee that his/her activity is unprotected, unauthorized, supported, or ratified by the Union, with a copy of each such written notification bein.q promptly provided to the City. ARTICLE VII Vacation Buy-back. Pursuant to the schedule set forth below, Employees may submit up to one third {113) of their unused annually accrued vacation time for the City to buy back at the Employee's regular hourly pay rate. (Rate based on a 112.0 hours per pay period). Employees must submit their hours ~ twenty-four (24) hour increments to the Department on the first Monday of the last pay period in _a calendar year. Payment for submitted vacation time, if approved, shall be made by the City durinq the month of February of the following year. An Employee's rate of pay shall be calculated based on his/her final pay period for the year in which the vacation ~ime was earned. Vacation time submissions shall be sub/ect to the followin.q schedule: 1-5 years 6-12 years 13-19 years 20 years 6 Vacation days, Maximum of 2 full shifts eligible for submission 9 Vacation days, Maximum of 3 full shifts eligible for submission 12 Vacation days, Maximum of 4 full shifts eligible for submission 13 Vacation days, Maximum of 4 full shifts eligible for submission Sub/ect to applicable law, any employee who has been suspended from the department for disciplinary purposes or any employee having used five or more sick days in a calendar year for other than on-duty iniuries will be disqualified from this benefit. ARTICLE VIII Fundinq. The parties agree that. if the Common Council fails or refuses_to fully fund this Agreement under circumstances wherein full funding would not adversely affect a vital governmental function of the City, all financial provisions of this Aqreement shall become null and void to the extent they are not funded, and that they will return to the negotiation process to negotiate Agreement terms that are consistent with the level of funding approved by the Common Council. SO APPROVED AND ADOPTED. CARMEL PROFESSIONAL FIREFIGHTERS ASSOCIATION LOCAL #4444 ("UNION") President <z2 -~-. --'~ Date4 t u -,..Ac ~/¢; VS~cret~w~rea~er ~P ~ Date: ~--~ ~ ~) CARMEL BOARD OF PUBLIC WORKS AND SAFETY ("BOARD") By: /~'mes Braina?d,';'~. residing Officer Ma~ Ann ~rke, ~mber q ~ Date: ~ ~ ~ ~ Lori S. Watson, Member Date: Diana L. Cordra..y, IAM¢(, Cle]k-Tr~easurer Date: COMMON COUNCIL FOR THE CITY OF CARMEL, INDIANA ("COMMON COUNCIL") By: ,~drick~ Richard L. Shar ' - f Diana L. Cordray, IAMC, Clerk-~,r