Firefighter Local 416 AgreementAGREEMENT
ARTICLE I
Section 1
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
Association, Local 4'i6 (the "Union"), represented by the President at Large of Local 4~i6, the Carmel
District President and District Trustee. 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
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 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
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
The Union and the City will begin negotiations, in good faith, on a future agreement before the
termination of this Agreement.
Section $
Upon its proper execution by all parties hereto, this Agreement shall remain in effect until a new
Agreement is executed by the parties hereto.
Section 6
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.
ARTICLE II
Effective upon its final approval, all Employees shall receive an increase in satary of at least the increase
in the Consumer Price Index for all Urban Consumers ("CPi-U") independent of seasonal adjustment, as
reported by the Bureau of Labor Statistics of the United States Department of Labor. For purposes of this
Article, the CPI-U shall be determined by the City's Human Resources Director and his/her determination
shall be final for purposes of this Agreement. Any increase in Employee salary or other benefits shall be
subject to Article Vii of this Agreement. The City agrees to promptly consult with the Union, upon
request, regarding changes in Employee working conditions or standards. However, subject to Article VII
of this Agreement, no Employee salary, bonus, vacation or sick leave benefits in effect on the effective
date shall be reduced without the mutual consent of the City and the Union.
ARTICLE III
Section 1
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 "eight hour rule" remains in effect, allowing
staffing to fall below four (4) employees for a period not to exceed eight (8) hours.
Section 2
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
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
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
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
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
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 VI
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.
3
ARTICLE VII
The parties hereto agree that if the Common Council should fail or refuse to fully fund the implementation
of this Agreement under circumstances wherein full funding would not adversely affect a vital
governmental function of the City, they will return to the negotiation process to negotiate an Agreement
that is consistent with the funding approved by the Common Council.
SO APPROVED AND ADOPTED.
CARMEL PROFESSIONAL FIREFIGHTERS ASSOCIATION
LOCAL 416 ("UNION")
BY:
President at Large, Local 416
Date:
Date: D i s t r i ct P~s i.~d~e~-~, ¢
Carmel District Trustee
Date: ,~'. I~'.
4
CARMEL BOARD OF PUBLIC WORKS AND SAFETY
("BOARD")
James a~in~ard, Presiding i r
Date:
Lori S. Wat~~
Date~ 4/ ~/~/~
/'/¥
COMMON COUNCIL FOR THE CITY OF CARMEL, INDIANA
("COMMON COUNCIL")
Presiding,,~ffice'~ ..~ ~--~', ' Kevi~ ' by
Date: ?- !~-/7-6Y'/ ~
Ronald ~Cader,~r~s~d~nt R[o Tempore Brian D. May~
Date: S -[ ~ -0~" Date:
Mark Rattermann
Date:
Richard L. Sharp/.~
Date: ~ ~
ATTE~~
Diana'Lc.C/zo(d~ray, I~¢,~,~k-~r/e as u re r
Date: L.¢ ~,~ ~
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STATE OF INDIANA )
)
COUNTY OF HAMILTON )
BEFORE me, a Notary Public in and for said County and State, personally
appeared Matthew F. Hoffman and Orbie Bowles, by me known, and by me known to be
the Carmel District President and Carmel District Trustee of the CARMEL
PROFESSIONAL FIREFIGHTERS ASSOCIATION LOCAL 416, who acknowledged
the execution of the foregoing "Resolution" on behalf of the PROFESSIONAL
F1REFIGHTERS ASSOCIATION.
Witness by hand and Notarial Seal this 19th Day of May, 2004
Not/~y Public
Sandra M.Johnson
Printed Name
My Commission Expires: August 30. 2010
My County of Residence: Hamilton