HomeMy WebLinkAboutCC-11-17-08-01 Fire Union AgreementSPONSOR(S): Councilor(s) Snyder and Rider
RESOLUTION CC-11-17-08-01
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 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 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 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.
PASSED by the Common Council of the City of Carmel, Indiana this I 1}? day of
N 2008, by a vote of (, ayes and n nays.
COMMON COUNCIL FOR THE CITY OF
Presidi =Officer
Richard L. Sh irli, PresentPro Tenipore
n n ------- -
EL
?os yfX.Griffiths
'evin Rider l
Aecetturo
NoT P?_e,e K 1
Ronald-E. Career
4nyud?er?
ATTEST-
Diana L. Cordray, IAMC, CRA-
v
Presented by ]TIC to the Mayon of the City of Carmel, Indiana this 1-1 day of
N BUCxr?4J?h 20^,at (o: aS P.M.
n Y/t- .
Diana-L. 'Cordray,, IAMC, Clerk=Trey a er
N Approved by me,. Mayor o'f the City' -of- Cannel, Indiana, this j7. day of
2008, at (a: aS -P.M.
ti
nes"Brainard, Mayon
ATTEST`. L?e 1
?(
Diana L. Cordray,lAMC; Clerk-Treasur r
Prepared by! Diana L. Cordray
Clerk-'Iieasurer
Ci y of Cannel
Labor Agreement
Setween
City of Carmel
And
Carmel Professional Firefighters Local #4444
Effective
January.1 „20.09 to December 31,. 2010
LABOR AGREEMENT
ARTICLE I
Section>1
Preamble: This agteeinent ("Agreenient") is entered into by and between the City of Cannel, 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 Cannel Professional
Firefighters Union, Local 4444 (the "Union"), represented by its Carmel President,, and Carmel
Secretary4reasurer. 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
Recognifibm: They City recognizes the Umon?as the exclusive representative agent for members of,.the
Cannel FirerDepartment ("Department") with the rank of Battalion Chief or below, so long as the Union
maintains'tbe support of a inajorityof those Firefighters. Members of the Department holding the rank of
Battalion Chief or below shall be hereinafter. individually refetred.to as. an "Employee" and collectively
referred to as "Employees," and-the,group of Employees represented by the Union as .tiieir'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 EmployeesJn the. Representative Unit,
it may review the Clerk=Treasurer's records and/or certified records provided bythe:Union to determine if
the Union maintains the support ofa:majorityof the Employees in the Department. ]rote Union does, not
maintain the support of the-majorityof the Employces 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 tendered or declared invalid by court action or
legislation, the remaining portions of this Agreement shall remain in full force and effect.
Sect ion 4
Term: Future Agreements, Upon its ;proper execution by all parties hereto, this Agreement shall be
effective as of 0:01 a.m. on January 1, 200.9, and shall be in effect until 11;59 p,m'. on December 31,
2010. The Union and the City vviil begin negotiations,,ingood faith,,on.a future, labor agreement before
the tenatination of this Agreement. Ifa new Agreement is not executed-before the end of this Agreement,
then this Agreement shall remain in effect until.a new Agreement is exeouted by the parties hereto.
Section 5
Minimums OnA. The terms of this -Agreertiedt are intended to cover only minimums in hours, working
conditions and other employee benefits. The City may implement or retain in dffeci superior wages,
hours, working conditions and`•ather employee benefits:
Section G
Uni ormi Although the,pallies recognize that it is extremely difficult to compare different pay and
work strictures so as to ensure exact, mathematical equivalencies, the City agrees that, as much as is
reasonably possible, Carmel firefighters shall receive the equiv.allence in benefits and pay raises received
by all City public safety employees for pay,compensation and fiinge benefits.
ARTICLE It
Cost of Living Adjustments. Effective upon itsFinal 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-reoi-ted`by the Bureau of Labor Statistics of
the United States Department oflabor for the previous calendar year-fluctuate plus onminus 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 otlfer benefits shall be
subject to Article VIII of this, Agreement. 'The City, agrees to promptly consult with:thc'Union, upon
request, regarding changes made to an Employee's working conditioirs Rid/of standards- However,
subject to Article VII of this Agreement, the salary, bonus, vacation and sick leave benefits in effect for
Employees on January 1; 2009 shall'n9t,be reduced without the rrmwl.consent:of the City and the Union.
ARTICLE III
Section 1
Minimum Sta(Cm , The City will "call back" Employees orrmark apl aratus out of`S&Vice 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, iii 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-rack" 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-halfof the Employee's regular hourly rate.
Section -3
Cad-Sack Definition. As used in this Article, "call-back" lneans.requesting or requiring an employee to
work hours in addition to the Employee's scheduled hours, and ""off-.duty" ineans titre other than an
Employee's regularly scheduled. working hours,or vacation.
AR'T'ICLE IV
Section:]
Union Time. Employees elected to represent the°Union shall be granted time, not to exceed a combined
fatal of two thousand (2,000) hones;total annually (to be divided as needed), to perform, without loss of
pay„ Union functions such 'as, hut- not limited to, attendance at meetings, conventions, seminars and
conferences:
3
Section 2
Union use o Cin, Pro7erty. 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. Tbe'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: 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 failure or delay in.making such deposits,
or for any,deposit errors that result froin 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, supportorpay dues to the Union. There.shall
be no discrimination, interference; restraint or coercion by the City or Union agaizist any Employee for
activities or-membership in the Union, or a refusal to support, be active in or. beco ne a member of the
Union.
ARTICLE' V
Rights ofthe City. The'Union agrees that it is the exclusive. right of the City to:
(a) Maintain order, discipline and.efficiencyin the!operations of the Department;
(b) Hire, direct, transfer, piorri`ote, discharge' or dth_erwise discipline Employees in accord with
law:
(c) Operate and, mapaae,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
Section 1
Dispute 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 eyer-higher levels, and the Cityagrees.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: irifgnnally or tltrouglh Alternative' Dispute Resolution (ADR) before
commencing or sponsoring legal-action against:4he other.
4
S'ection,2
Srrikes and Lockouts. As the services' preformed by the Employees covered by this Agreement are
essential to the administration. ofthe=Departmem4 and to the welfare of the public dependent thereon,
neither the Cifinel Professional Firefight6s Union nor!any member of the, Representative,-,Unit dovered,by
the Agreement shall initiate, authorize, sanction, encourage; support or engage in any strike, slow-down,
conc6irtcdjob action, work.stoppage„"sick_on(", of cease the;continuous perfonnance oftheir duties. The
City agrees that no lock out:shall ,take place during the,terrt'of this Agreement.
The' Union -•acknowl edges 'that 'any. coiuluct'that viol'atc°s this Section t1hreatetrs irreparable harm to the
public. The Union -shall not be held liable wider 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 violatiornofthis Section, including
written notification to each offurding Employee that his/her activity is unprotected,. unauthorized,
supported, or ratified,by t1tc•Unidru. with a'copy 6f each such written ttotitication being, promptly provided
to theCity.
ARTICLE Vll
section.l,
Pacatrop? Bio-back. Employees may "submit up to one third (1!3) of their unused annually accrued
vacation time. The City maybuy'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'boursl(in no less than twenty-
four (24) hours increments fo Sworw'Shift personnel and-in-no less than 7:5 hour increments - Swum
Staff personnel) to the Department on the fiirst'Monday of the last pay period" Payment,for any submitted
vacation time (i f approved) _shall; be rendered by the City before the'las,t day in February of the-following
year.
Sworn Shift Personnel:
I - 5 years Maximum of 2 full shifts eligible for submission (48.0 hours)
6 - 12 years Maximum of 3 fitll shifts eligible for submission (72.0 hours)
13 or more years Maximum of 4 full shifts eligible.for submission (96.0 hours)
Sworn Staff Personnel:
1 - 5 years Maximum-of-3 full shifts eligible for submission (22:5'-hours)
6 - 12 years" Maximum of.5 full shifts eligible for submission (37.5 hours)
13 or more years Maximum,of b foil shifts eligible for submission (45.0 hours)
Any Employee who has been suspended from the Department-for disciplinary purposes or any Employee
having iiscd five (5) or moire sick days in a calendar year `will be disqualified from this benefit; as
permitted by law.
Section 2
Catastrophic Medical Leave Bank. All firefighters unused sick days shall be credited to the Catastrophic
Medical Leave, Bank. .A firefighter who is unable to perform his/her own duties or to perform light duty
assignments for an extended period of time due to illness or injury 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 pennitted 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 24 hours
Equivalent of one (1) shift (or any portion thereof) 20 hours
Equivalent of two (2) shifts (or one shift plus any portion ofa second) 12 hours
Equivalent of three (3) shifts (or two shifts plus any portion of a third) 8 hours
Equivalent of four (4) shifts (or three shifts plus any portion of a fourth) 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.
Section 4
Plolidat Pal. 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
Longenih? Pal. Sworn firefighters shall receive longevity pay at the rate of Two Hundred Twenty Dollars
($220.00) per year of service for years. 1-10 and Two Hundred Eighty Dollars ($280.00) per year of
service for years 11-25. Longevity shall be capped at twenty-five (25) years of service or ($6,400.00), in
addition to all other forms of compensation.
Section 6
Master Firefghter Pal,. 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.
6
Section 7
L)eeialty Pais. Each Fire Department Employee shall be entitled to receive only one (1) type of specialty
pay at any given time, with the exception noted below. The Employee shall receive the highest specialty
pay for which he or she is eligible. All specialty pay shall cease when an Employee no longer performs
the duties associated with the pay or no longer meets the qualifications for such pay, whether the change
results from the decision/action of the City or the Employee.
Exception: A member of the technical rescue team who meets eligibility requirements for each specialty
may receive Paramedic, Hazardous Materials and Technical Rescue pay.
ARTICLE VIII
Section 1
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 (5650.00) per month or Seven Thousand Eight Hundred Dollars
($7.800.00) per year. Coverage for ether 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
Pension Contribution. The City shall maintain membership in the 1977 Fund and shall require members
of the Department to meet the eligibility requirements for the Fund. The City shall pay twenty-one
percent (21 %) of the established Private First Class.salary for each Member of the Department
participating in the 1977 Fund. In the event that state actuary reports lower the twenty-one percent (21 %)
obligation levied upon the City in any fiscal year, that amount shall be reflected as a credit toward the six
percent (6%) obligation levied upon the Members of the Department.
Section 3
Sa eh-. The Department shall maintain and keep in effect through the ternr of this agreement, a Safety
Committee for reviewing departmental accidents, injuries, job-related safety complaints, protective gear
and equipment issues, or any other safety related areas. The Safety Committee shall make
recommendations to the Chief concerning safety issues. The Safety Committee shall be comprised of up
to eight (8) merit members representing the following department areas:
The ex officio members comprised of three (3) lieutenants who occupy the position of the A, B, and,
C-shift Battalion Aides and the one (1) staff officer who holds the position of Department Safety Officer.
The Union will select:
(1) Firefighter
(2) Chauffeur/Engineer
The Administration will select:
(3) Captain or Lieutenant rank officer
(4) Chief Officer
The Administration or Committee can call on additional personnel (i.e. Civilian Staff, Maintenance etc.) if
it feels that someone's expertise can benefit the committee. Request for meetings involving the Safety
Committee may be initiated by the Chief of the Department or the Safety Committee Chairperson, who
shall be appointed by the Chief of the Department. The Chairperson shall prepare an agenda of items to be
discussed and establish and communicate ,a date and place for such meeting. The Department and its
Employees covered herein shall comply with applicable federal, state and local laws and Department
Policies concerning safety and health. The Department shall make reasonable provisions for the safety
and health of its Employees during the hours of employment'in compliance with applicable laws. In this
regard, the Cannel Professional Firefighters Local 4444 and Employees realize that they have joint
responsibility to cooperate in maintaining safe practices in the Department. III addition, it is the
responsibility of each Member of the Department to operate vehicles, machinery and equipment in a safe
manner. The Department may'summarily discipline, or prohibit an Employee from operating such
equipment if an officer or acting officer reasonably believes the Employee is operating in an unsafe
manner. However, no reduction in rank, grade or pay will be made without following the appropriate
disciplinary policies of the Department and Indiana law. All accidents, regardless of the severity; must be
reported to the Member's supervisor immediately for review in accordance with Department Policies.
Section 4
Fundin . The parties agree that, if the Common Council fails or refuses to fully fiord 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 terns that are
consistent with the level of funding approved by the Common Council.
(Remainder ofpage intentionally left blank)
CARMEL PROFESSIONAL FIREFIGHTERS ASSOCIATION
LOCAL #4444 ("UNION")
BY:
Presi t
Date: t i /I 9'/c Ir
Date: I I
CARMEL BOARD OF PUBLIC WORKS AND SAFETY
("BOARD")
By
James B ainara, Presiding Offs
Date/:
Mary Ann Burke, Member
Date: I t - t,?- e.9 V
Lori S.
Date:
ATT
Diana L. Cordray,]A lerk-Treasurer
Date: it
9
COMMON COUNCIL FOR THE CITY OF CARMEL, IN
esiding OT%er /
Richard Iir Sharp, President Pro Tempo. re'
KevinD. Rider
V. Accetturo
No% P2a5erJ-
Ronald E. Carter
ATTEST: /?
Diana L. Cordray, IAMC, Clerk
W. Eric Seidensticker
uci S der
Presented by me to the Mayor of t(lYCity of Carmel. Indiana, this I1ay of
1J pad ere r.Q 2008, at 6: XS- P.M.
Diana L. Cordray; IAMC, Clerk
Approved by me, Mayor of the City of Carmel; Indiana; this l1+k day of
2008, at to : a5 [.
ATTEST:
AA:??
Diana L. Cordray, IAMC, Clerk-Trea rer
mes Brainard, Mayor
10