Loading...
HomeMy WebLinkAboutCC-01-24-13-01 Fire Union Agreement/Expires 2014SPONSORS: Kevin Ryder Sue Finkam RESOLUTION CC- O1- 24 -13 -01 FORMERLY (CC- 12- 17- 12 -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 Carmel 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 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 Cannel, 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 04-7 day of 2013, by a vote of to ayes and a nays. Page One of Two Pages This Resolution was prepared by Douglas C. Haney, Carmel City Attorney, on 12/7/12at 11:03 a.m. No subsequent revision to this Ordinance has been reviewed by Mr. Haney for legal sufficiency or otherwise. Presiding Off cer COMMON COUNCIL FOR THE CITY OF CARMEL / Richard L. Sharp, President Pro Tempore R ald-E. Carter S euiInkam ATTEST:'' Diana L. Cordray, IAMC, Clerk- jfreasurer SPONSORS: Kevin Ryder Sue Finkam Kevin D. Rider Carol Schleif l , W. Eric eidensticker/ _____ I //A- 1 Luci yder Presented by me to the Mayor of the City of Cannel, Indiana this o?`i day of �. Os P P.M. , 2013, at Diana L. Cordray, IAMC, Clerk/Treasurer Approved by me, the Mayor of the City of Carmel, Indiana, this day of 20s 5 P .M. ATTEST:. Diana L.'Cordray, IAMC, Clerk- Tiasurer Resolution CC- 01- 24 -13 -01 Page Two of Two Pages 2013, at ames Brainard, Mayor This Resolution was prepared by Douglas C. Haney, Carmel City Attorney, on 12/7/12at 11:03 a.m. No subsequent revision to this Ordinance has been reviewed by Mr. Haney for legal sufficiency or otherwise. Agreement Between City of Carmel And Carmel Professional Firefighters Local #4444 Effective January 1, 2013 to December 31, 2014 1 ARTICLE I Section 1 Preamble. This agreement ( "Agreement ") 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 Carmel Professional Firefighters Union, Local 4444 (the "Union "), represented by its Carmel President and 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, 2013, and shall be in effect until 11:59 p.m. on December 31, 2014. 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 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. 2 ARTICLE II Cost of Living Adjustments. Effective upon its final approval, all Employees covered by this Agreement shall receive an increase to their base salary (COLA) a percentage amount that is at least equal to the change in the Consumer Price Index for all Midwest Wage Earners ( "CPI -W ") using the December to December comparison versus the previous year, independent of seasonal adjustment, as reported by the United States Department of Labor, Bureau of Labor and Statistics for the previous calendar year, provided that the amount shall not exceed three percent (3 %) nor fall below zero percent (0 %). Should the COLA provided for by this section exceed three percent (3 %) or if any adjustments to other employee benefits effectively voids the proposed COLA, the City and the Union and approved by the Common Council shall return to the negotiation process to consider a more appropriate COLA. 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, vacation and sick leave benefits in effect for Employees on January 1, 2013 shall not 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, 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. 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 Tine. 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. 3 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: maintain order, discipline and efficiency in the operations of the Department; hire, direct, transfer, promote, discharge or otherwise discipline Employees in accord with law; operate and manage the work of the Department, and; 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 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 4 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. Sworn Shift Personnel: 1 — 5 years 6 — 12 years 13 or more years 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) 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: 5 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 ( +) 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 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 First Class /Master Firefighter Pay. A firefighter will not become a First Class /Master Firefighter until he /she has served 10 years. The First Class /Master Firefighter salary, as designated in the annual salary ordinance, will be certified to the state for pension purposes. A First Class /Master Firefighter is eligible to receive specialty pay and other hourly 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. Section 8 Definitions GRADE —pay category to which a City position is assigned; each position is placed within a hierarchy of Grades based on the knowledge, skills, abilities and responsibility required by the position. 6 STEP — established point between the Range Minimum and Range Maximum of a Grade; each Grade has six (6) equidistant Steps, which are adjusted annually. MARKET— municipalities and other employer organizations selected by the City as the basis for salary comparisons. . RANGE MINIMUM — lowest pay rate (Step 1) for a City position in a particular Grade; generally, the rate at which a new City employee will be paid. RANGE MAXIMUM — highest pay rate for a City position in a particular Grade; generally, the rate at which an employees with five (5) or more years of experience in a particular job will be paid. STEP INCREASE —pay adjustment based on an additional year of service and the increased knowledge, skill and ability that the year of service represents; employees in Steps one (1) through five (5) will generally move to the next higher Step on January 1 of each year. PROMOTION — change of positions that results in a higher Grade. RE- EVALUATION— review of a position's assigned Grade brought about by an increase (or decrease) in knowledge, skill, ability and responsibility requirements; a Re- evaluation, which is performed by the City's independent consultant, may result in a higher Grade, a lower Grade or no change in Grade. Grade and Step 1. New employees will be hired at Step 1 for the assigned Grade. 2. Step Increases will be given in January only; increases are to be given the rest of the year only as the result of a Promotion or a job Re- evaluation by the City's independent consultant. All such increases must place the employee at a specific Step in the appropriate Grade. 3. An employee will not receive a Step Increase in January unless he or she was hired prior to October 1 of the previous year. Employees hired between October 1 and December 31 will receive a Cost of Living Increase but no Step Increase. 4. Step Increases may be contingent upon meeting certain pre - established criteria, such as, but not limited to, education and certification requirements. Employees subject to such requirements shall be made aware by their existence promptly upon inception of the requirements, or acceptance of a job that carries such requirements. 5. No employee's salary will be allowed to exceed the Range Maximum (Step 6) for his or her Grade, unless his or her salary was already above Step 6 on January 1, 1999. 6. An employee whose pay is adjusted due to a Promotion will be placed in a Step that will ensure an appropriate pay increase, such Step to be recommended by the department head and approved by the Director of Human Resources. 7 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 Nine Hundred Dollars ($900.00) per month or ($10,800.00) Ten Thousand Eight Hundred Dollars 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 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 First Class /Master Firefighter 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 (6.0 %) 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 8 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. 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. Section 4 Funding. 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] 9 CARMEL PROFESSIONAL FIREFIGHTERS ASSOCIATION LOCAL #4444 ( "UNION ") B% President � ' / Date: /3 Sec etary /Trea urer Date: CARMEL BOARD OF PUBLIC WORKS AND SAFETY ( "BOARD ") By: %fames Brainard, Presiding Officer v Date: .2 Lori S. Wa Date: ATTEST: •• , Member .9' /(o 0 ana L. Cordray, Date: C, Clerk- Treasurer COMMON COUNCIL FOR THE CITY OF CARMEL, INDIANA Presiding Offi -er Noi p2ESeAj Richard L. Sharp, President Pro Tempore Carol Schleif da Wald E. Carter ATTEST: Diana L. Cordray, IAMC, Clerk - Treasured Kevin D. Rider W. Eric uci yi er ensticker Presented by me to the Mayor of the City of Carmel, Indiana, this ay day of 2013, at -7: DS P. M. / Dina L. Cordray, IAMC, Clerk -TreaO er Approved by me, Mayor of the City of Carmel, Indiana, this ,0q` day of 2013, at : OS P M. ATTEST: Diana L. Cordray, IAMC, Clerk-Trea.1er C� 11 a es Brainard, Mayor