HomeMy WebLinkAboutCC-02-21-11-02 Fire Union Agreement/Expires 12/31/12RESOLUTION CC- 02- 21 -11 -02
(FORMERLY CC- 12- 06- 10 -03)
SPONSOR(S): Councilor(s) Griffiths and Rider
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 Cannel, Indiana this day of
,2011,byavoteof 7 ayes and C) nays.
Presi g Offic
1 c,/,... L
W. Eric S eid sticker, t Tempore
0 001V. Accetturo
Ronald E. Carter
ATTEST:
Diana L. Cordray, IAIVIC, Clerk- Tjasurer
ATTEST:
Diana L. Cordray, IAMC, Clerk -Try' urer
Prepared by: Diana L. Cordray
Clerk- Treasurer
City of Carmel
OMMON COUNCIL FOR THE CITY OF CA
le ,-,,,,,4
4-.,/- _..-0-...........,.,..e."
J. sep iGriff the
evin Rider
Richard L. Sharp
uci S
Presented by me to the Mayor of the City of Carmel, Indiana this a Iday of
2011, at -.ao f .M.
Diana L. Cordray, IAMC, Clerk- TreasiJ4`er
S+
Approved by me, Mayor of the City of Carmel, Indiana, this c2 day of
2011, at 2, at 'P .M.
Labor Agreement
Between
City of Carmel
And
Carmel Professional Firefighters Local #4444
AS AMENDED
Effective
January 1, 2011 to December 31, 2012
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LABOR AGREEMENT
ARTICLE 1
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 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
Recognition. 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
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 Agreements. Upon its proper execution by all parties hereto, this Agreement shall be
effective as of 12:01 a.m. on January 1, 2011, and shall be in effect until 11:59 p.m. on December 31,
2012. 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.
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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 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.
ARTICLE Il
Cost of Living Adjustments. Effective upon its final approval, all Employees covered by this Agreement
shall receive an increase to their base salary a percentage amount that is at least equal to the change in the
Consumer Price Index for all Midwestern Wage Earners "CPI -W December to December comparison,
versus the previous year, independent of seasonal adjustment, as reported by the Bureau of Labor
Statistics of the United States Department of Labor for the previous calendar year provided that said
amount shall not exceed three percent (3 nor to fall below zero percent (0 Should the C.O.L.A.
provided for by this Article exceed three percent (3 or if any adjustments to employee benefits
effectively voids the proposed C.O.L.A., the City and the Union and approved by Common. Council 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, 201 l shall not be reduced without the mutual consent
of the City and the Union.
ARTICLE III
Section 1
Minimum Stang. The City will "call back" Employees or mark apparatus out of service if staffing falls
below four (4) Employees on a fire engine, or (5) five Employees on a 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.
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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 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 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, Internet 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 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
Rights 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.
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Sworn Shift Personnel:
1 5 years
6 12 years
1, 3 or more years
ARTICLE VI
Section l
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 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 his/her 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 Buy -back. Employees may submit up to one third (1/3) of their unused annually 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.
Maximum of 2 full shifts eligible for submission (48.0 hours)
Maximum of 3 full shifts eligible for submission (72.0 hours)
Maximum of 4 full shifts eligible for submission (96.0 hours)
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Sworn Staff Personnel:
1 5 years
6 12 years
13 or more years
Maximum of 3 full shifts eligible for submission (22.5 hours)
Maximum of 5 full shifts eligible for submission (37.5 hours)
Maximum of 6 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
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 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 24 hours
Equivalent of one (1) shift (or any portion thereof) 20 hours
Equivalent of two (2) shifts (or one shift plus any portion of a 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 longevity1/80 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.
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Section 4
Holiday Pay. 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
Longevity Pay. Sworn firefighters shall receive longevity ay 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 Firefighter Pay. 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.
Section 7
Specialty Pay. 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.
ARTICLE V111
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 ($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.
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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 four and one half
percent (4.5 obligation levied upon the Members of the Department.
Section 3
Safety. The Department shall maintain and keep in effect through the term 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 Carmel Professional Firefighters Local 4444 and Employees realize that they have joint
responsibility to cooperate in maintaining safe practices in the Department. In 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.
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Section 4
Funding. If the projection of revenues for the ensuing fiscal year fall below revenues collected in the
current year the parties agree that the provisions of Article 2 shall be inapplicable for and during the
ensuing fiscal year unless the Mayor shall propose otherwise with concurrence from the Common
Council. The parties agree that this event of declining revenues shall not be a cause to re- negotiate the
terms of this Agreement. 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.
CARMEL PROFESSIONAL FIREFIGHTERS ASSOCIATION
LOCAL #4444 "UNION
By:
President
Date:
Secretaryy7 su 7
Date: l�ii
[Remainder ofpage intentionally left blank]
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A OPTED by the Common Council of the City of Carmel, Indiana this ais day of
2011, by a vote of 7 ayes and O nays.
COMMON COUNCIL FOR THE CITY OF CARME
eidenst
Pres
W. Eri
V. Accetturo
ATTEST:
1
R Wald E. Carter
ker, President Pro empore
Diana L. Cordray, 1AMC, Cler Treasurer
ATTEST:
Presented by me to the Mayor of the City of Carmel, Indiana this c day of
2011, at 8 o f .M.
Approved by me, Mayor of the City of Carmel, Indiana, this a l Sk da of
2011, at 8 as -P .M.
Diana L. Cordray, IAMC, Clerl LT.
1 0
es Brainard, May
Diana L. Cordray, IAMC, Clerk easurer