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Home My WebLink AboutCC-11-06-06-01 CFD-Local 4444 Sponsor: Councilor Brian Mayo RESOLUTION CC-II-06-06-01 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 Cannel, Indiana ("City") has established a contractual relationship with Cannel Professional Firefighters Association ("Association"), pertaining to issues involving the hours, working conditions and certain other benefits of members of the Cannel Fire Department; and WHEREAS, the City and the Association now wish to revise their contractual relationship; and I 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 Cannel 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 Cannel, Indiana, that: Section I. 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 its earliest convenience. , Section 3.' As of the date on which the Agreement is properly executed by the Board o[Public Works and Safety in its present fonn, 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, Indiana this U tt. day of ~~_ ,2006, by a vote of ~ ayes and ~ nays. Page One of Two Pages The initial draft of this document was prepared by Douglas C, Haney, Carmel City Attorney, on October 23, 2006. Any changes tIlereafter made to this document are the sole responsibility of tile document spensor. [Z:\l.Fi"cDDrivc\Filcs\Rc,ulutions\2006\CC_ll_06.IX>-QI,[}()C3r.l.';!QOb3:37 I'M] Sponsor: Conncilor Brian Mayo THE CITY OF CARMEL, INDIANA . harp, esident Pro Tempore ~/'~ Ronald E. Ca er ~ . ...~~~ Mark Rattermann ATTEL Diana L. Cordray, IAMC, Clerk- Presented by me to the Mayor of the City of Carmel, Indiana, this ~ +~day of r-\~2006, at ,:\0 O'c1ock,L.M. ~ Approved by me, Mayor ofthe City of Carmel, Indiana, this I.J; +I- day of N ~ 2006, at "7 ~ \0 O'clock,L. M. ATTE ~ r Diana L. Cordray, IAMC, Clerk-Tre mer Council Resolution No. CC-ll-06-06-01 Page Two of Two Pages The initial draft of this document was prepared by Douglas C. Haney, Carmel City Attorney, on October 23, 2006. Any changes thereafter made to this document are the sole responsibility of the document sponsor. [Z:"LFlIlcDDrive\File,\Rcsoluliolls"]006'.CC-11-06.0o-01_DOC;)i3!2006337 PM] Labor Agreement Between City of Carmel And Carmel Professional Firefighters Local #4444 Effective January 1,2007 to December 31,2008 [Z:\E Bass\1Vly DiX:UIllents\FireD<pt\JJnion\LABOR AGREEMENT REV 8-16.06doc:31312006 3:37 PM] 1 LABOR AGREEMENT ARTICLE I Section 1 Preamble. This agreement ("Agreement") is entered into by and between the City of Carmel, Indiana ("City"), representedby 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 Union, Local 4444 (the "Union"), represented by its Carmel President and 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 Recof!nition. The City recognizes the Union as the exclusive representative agent for members of the Carmel Fire Department ("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 individually referred to as an "Employee" and 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 SeJJarabilitv. 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 Af!reements. Upon its proper execution by all parties hereto, this Agreement shall be effective as of 12:01 a.m. on January 1, 2007, and shall be in effect until 11:59 p.m. on,December 31, 2008. 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 Onlv. 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 Uniformitv. 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 agrees that, as much as is reasonably 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. [Z,\j! BasslMy Doc"mtl1t~\FireD.pt\UniQn\LABOfl AGREEMENT REV 8-1.s..06doc:31312006 3'37 PM) 2 ARTICLE II Cost of Livinz 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 lI1dex for all Midwestern Wage Earners ("CPI-W") independent of seasonal adjustment, as reported by the Bureau o.fLabor 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 an Employee's 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 an Employee's working conditions and/or standards. However, subject to Article VII of this Agreement, the salary, bonus, vacation and sick leave benefits in effect for Employees on January 1, 2005 shall not be reduced without the mutual consent of the City and the Union. ARTICLE III Section 1 Minimum Staffinz. 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 eight (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. [Z:\E. Bass\,\lyDccumentsIFireD.ptlUnion\l..ABOR AGREEME.'IT REV 8-L5-06.doc::l{Jf2006 3:37 PM] 3 ARTICLE IV Section 1 Union Time. Employees elected to represent the Union shall be granted time, not to exceed a combined total of 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 Citv Propertv. 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, Internet access and paging systems in accordance with existing City policies. Section 3 Pavroll Deduction. TheCityagrees 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 failure or delay in making such deposits, or for any deposit errors that result from the Union's or Employee's failure to timely notify the City 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 Rirzhts of the Citv. 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. [ZcIE &s$\My OotumeulSIPiuDq;l\Uuion\LABOR AGREEMENT REV 8.16.06.eo.:31J/2006 3:37 PM] 4 ARTICLE VI Section 1 DisDute . Resolution. 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. 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, neither the Carmel Professional Firefighters Union nor any member of the Representative Unit covered by the Agreement shall 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 not be held liable under this Agreement for the unauthorized activity of 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 hislher activity is unprotected, unauthorized, supported, or ratified by the Union, with a copy of each such written notification being promptly provided to the City. ARTICLE VII Section 1 Vacation Buv-back. Employees may submit up to one. third (1/3) of their unused armually accrued vacation time. The City may buy back such vacation time and, if it does so, shall buy back each hour of vacation time at the Employee's hourly rate. Employees must submit their hours (in no less than twenty- four (24) hours increments for Sworn Shift personnel and in no less than 7.5 hour increments - Sworn Staff personnel) to the Department on the first Monday of the last pay period. Payment for any submitted vacation time (if approved) shall be rendered by the City before the last day in February of the following year. [Z:\E I3assl.My OOCUll1elllslFireOcptllfu;on\LA1lOR AG-REllMENT REV S,16..o6.doc,3f.lIZ006 3:37 PjI,1] 5 Sworn Shift Personnel:. I - 5 years 6 - 12 years 13 or more years Maximum of2 full shifts eligible for submission (48.0 hours) Maximum of3 full shifts eligible for submission (72.0 hours) Maximum of 4 full shifts eligible for submission (96.0 hours) Sworn Staff Personnel: 1 - 5 years 6 - 12 years 13 or more years Maximum of3 full shifts eligible for submission (22.5 hours) Maximum of 5 full shifts eligible for submission (37.5 hours) Maximum of6 full shifts eligible for submission (45.0 hours) Any Employee who has been suspended from the Department for disciplinary purposes or any Employee having used five (5) or more sick days in a calendar year will be disqualified from this benefit, as permitted by law. Section 2 Catastrovhic Medical Leave Bank. All firefighters urused sick days shall be credited to the Catastrophic Medical Leave Bank. A frrefighter who is unable to perform his/her own duties or to perform light duty assignments for an extended period of time due to illness orinjury is eligible for PERF disability benefits, which are less than the firefighters active duty pay. Under 35 IAC 2-5-1, the City is not allowed to supplement PERF disability payments. In order to avoid penalizing a firefighter financially during the period of recuperation, the Catastrophic Medical Leave Bank shall allow eligible firefighters to receive up to one hundred twenty (120) calendar days of full pay after sick leave and vacation benefits are exhausted and before PERF disability benefits commence (two hundred forty (240) calendar days for injuries or illnesses incurred in the line of duty), as permitted by law. Section 3 Sick Leave Incentive. Employees may be eligible for sick leave incentive pay, which is based on the amount of sick leave used in a calendar year as follows: None Equivalent of one (1) shift (or any portion thereof) Equivalent of two (2) shifts (or one shift plus any portion ofa second) Equivalent of three (3) shifts (or two shifts plus any portion ofa third) Equivalent of four (4) shifts (or three shifts plus any portion ofa fourth) 24 hours 20 hours 12 hours 8 hours 4 hours The hourly rate of pay for each eligible Employee, for the purposes of this pay incentive only, shall be calculated as follows: [bi-weekly base pay plus (+) longevity]/80 hours. All sick leave used by an Employee in the course of the calendar year; except leave for injuries incurred on duty or in the line of duty, or as.otherwise required by applicable law, shall be counted toward the incentive pay calculation for that year, regardless of the reason for the leave or the status of the leave. Sick leave incentive pay may be paid out each year in February, for the prior calendar year, at the eligible Employee's current rate of pay. An Employee must be employed by the Department for an entire calendar year, and must be employed by the City at the time of the payout, in order to be eligible for incentive pay for that calendar year. [Z;\R Bau''!''Y Documonts'J'ireDoptIl:nion\LABOR AGREEMENT REV 8.16-06_~JIJ,'2006 3:37 PM] 6 Section 4 Holidav Pav.' Each Employee who is required to report to work on a declared holiday, whether on a scheduled or an unscheduled basis, shall receive Thirteen Dollars ($13.00) per hour premium pay for each hour actually worked on the holiday. Such premium pay shall be calculated to the nearest quarter hour. Section 5 Lonf!.evitv Pav. Sworn firefighters shall receive longevity pay at the rate of Two Hundred Dollars ($200.00) per year of service for years 1-10 and Two Hundred Sixty Dollars ($260.00) per year of service for years 11-25. Longevity shall be capped at twenty-five (25) years of service ($5,900.00), in addition to all other forms of compensation. Section 6 Master Firefif!.hter Pav. A Master Firefighter shall be entitled to receive up to Two Thousand One Hundred Dollars ($2,100.00) per year, in addition to all other forms of compensation. A Master Firefighter is eligible to receive specialty pay and other hourly specialty pay differentials. ARTICLE VIII Sectionl Retiree Health Insurance. The City shall contribute fifty percent (50%) of the monthly employee-spouse premium for retirees who have twenty (20) years of active service with the City, plus an additional one percent (1%) for each additional six (6) months of service, up to a maximum of seventy~five percent (75%) of the employee-spouse (or 75% of the employee-only premium if the employee is unmarried or the spouse is not covered by the City plan), provided that the City's insurance premium contribution shall not exceed Six Hundred Fifty Dollars ($650.00) per month or Seven Thousand Eight Hundred Dollars ($7,800.00) per year: Coverage for other eligible dependents may be continued at the retiree's expense. The City's insurance premium contribution cap shall be evaluated each year to keep pace with current health insurance costs. Section 2 Fundinz. 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 Agreement 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. (Remainder of page intentionally left blank) {Z,\E Bnl'MyOoc:lmeutslFireOqlI'Uuion'UllQR AGREEMENT REV l_l6-06.doe:JIJ!2006 l:37 PM] 7 CARMEL PROFESSIONAL FIREFIGHTERS ASSOCIATION LOCAL #4444 ("UNION") BY~ Pres en . Date: Date:lL ~ ~ CARMEL BOARD OF PUBLIC WORKS AND SAFETY ("BOARD") :71~3tt . Diana L. Cordray, ~er Date: II /1...0 10(, [ZIE BIss\MyDocumeuts\FireDq>1\UllionIl.AIlORAGREEMENT REV 8_16-06,d~:3!l:2006 337 PM] 8 COMMON COUNCIL FOR THE CITY OF CARMEL, INDIANA ("COMMON COUNCIL") Diana L. Cordray, IAMC, Clerk - Tre urer [Z:\E llisl\.\.lyDacumeots'.fireDepl'.Unicn\LABORAGREEMENT REV B-16.0Moc:3f.l12006 3:37 PM] 9 Mark Rattermann