HomeMy WebLinkAbout2016-033 Agrmt - Ashland Firefighters Association Local #1269
AGREEMENT BETWEEN
THE CITY OF ASHLAND, OREGON
and
ASHLAND FIREFIGHTER'S ASSOCIATION
LOCAL #1269
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS
July 1, 2015 - June 30, 2018
TABLE OF CONTENTS
PREAMBLE 6
SCOPE OF AGREEMENT 6
ARTICLE I - RECOGNITION AND NONDISCRIMINATION: 6
Section 1. Recognition 6
Section 2. No Discrimination 6
ARTICLE II - UNION SECURITY AND CHECKOFF:........ 7
Section 1. Union Security 7
Section 2. Check Off 7
Section 3. Indemnification 7
ARTICLE III - MANAGEMENT RIGHTS 8
ARTICLE IV - STRIKE PROHIBITION:...... 8
Section 1 8
Section 2 9
Section 3 9
ARTICLE V - HOLIDAYS:... 9
Section 1. Recognized Holidays 9
Section 2. Holiday Compensation 9
ARTICLE VI - VACATIONS: 10
Section 1. Eligibility .................................................................................................10
Section 2. Continuous Service 10
Section 3. Accrual Limitations 10
Section 4. Scheduling 11
Section 5. Payment on Termination 11
ARTICLE VII - HOURS OF WORK 11
Section 1. Work Schedules 11
Section 2. Shift Transfers 12
ARTICLE VIII - SICK LEAVE:. 12
Section 1. Accumulation 12
Section 2. Utilization for Illness or Injury 12
Section 3. Integration with Worker's Compensation 13
Section 4. Sick Leave Without Pay 13
Section 5. Pay for Unused Sick Leave 13
Section 6. Termination 13
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ARTICLE IX - FUNERAL LEAVE:......... 14
Section 1. Funeral Leave 14
ARTICLE X - OTHER LEAVES OF ABSENCE: 14
Section 1. Leave of Absence Without Pay 14
Section 2. Jury Duty ................................................................................................14
Section 3. Appearances 14
Section 4. Required Court Appearances 14
Section 5. Election Day 15
Section 6. Union Business 15
Section 7. Educational Leave 15
Section 8. Military Leave 15
Section 9. Failure to Return from Leave 15
ARTICLE XI - COMPENSATION ...........................................................................16
Section 1. Pay Schedule 16
Section 2. Pay Periods 16
Section 3. Overtime 17
Section 4. EMT Certification 18
Section 5. Working Out of Classification .................................................................19
Section 6. Educational Expense Reimbursement 19
Section 7. Mileage 19
Section 8. Haz Mat Team 19
Section 9. Field Training Paramedic Program 20
Section 10. Educational Incentives .........................................................................20
ARTICLE XII - DISCIPLINE AND DISCHARGE:....... 20
Section 1 20
Section 2 20
Section 3 21
Section 4 21
Section 5 .................................................................................................................21
Section 6 21
Section 7 21
ARTICLE XIII - SETTLEMENT OF DISPUTES:.. 22
Section 1. Grievance and Arbitration Procedure 22
Section 2. Stewards 23
ARTICLE XIV - SENIORITY: 23
Section 1. Seniority 23
Section 2. Suspension of Seniority 24
Section 3. Termination of Seniority 24
Section 4. Probationary Period 24
Section 5. Layoff and Recall 24
ARTICLE XV - PROMOTIONS: 25
Section 1. Testing 25
Section 2. Eligibility 25
Section 3. Procedure 25
Section 4. Credit for Seniority 26
Section 5. Promotional List 26
Section 6. Appointment 26
Section 7. Promotional Probationary Period 26
ARTICLE XVI - GENERAL PROVISIONS:. 27
Section 1. Bulletin Boards 27
Section 2. Visits by Union Representatives 27
Section 3. Solicitation 27
Section 4. Existing Conditions 27
Section 5. Rules 27
Section 6. Other Employment 28
Section 7. Supervisory Employees 28
Section 8. Uniforms, Protective Clothing and Devices 28
Section 9. Position Classification 28
Section 10. Personnel Files 28
Section 11. Trade Time 29
ARTICLE XVII - HEALTH AND WELFARE AND RETIREMENT: 29
Section 1. Health and Welfare 29
Section 1.1 Committee and Process 29
Section 3. Retirement 30
Section 4. Deferred Compensation 30
ARTICLE XVIII - WORKERS' COMPENSATION: 30
Section 1. Workers' Compensation .........................................................................30
Section 2. Supplementary Payment 30
ARTICLE XIX - LIABILITY INSURANCE:.. 30
ARTICLE XX - SAVINGS CLAUSE AND FUNDING:.......... 31
Section 1. Savings Clause 31
Section 2. Funding 31
ARTICLE XXI - TERMINATION AND REOPENING: 32
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APPENDIX "A" - CLASSIFICATIONS WITHIN THE BARGAINING UNIT.......... 33
APPENDIX "B" - SALARY SCHEDULE 34
APPENDIX "C" - HEALTH AND WELFARE BENEFITS 35
APPENDIX "D" - DUTIES AND RESPONSIBILITIES OF EHBAC 36
APPENDIX "E" - EDUCATIONAL INCENTIVE PROGRAM 38
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PREAMBLE
This Agreement is entered into by the City of Ashland, Oregon, hereinafter referred to as the
City, and the Ashland Firefighters Association Local #1269, International Association of
Firefighters, hereinafter collectively referred to as the Union. Unless indicated otherwise,
references to the "City" shall include the Mayor and City Council or their designee(s) as the
officials directly responsible for the operation of the department(s) covered by this Agreement.
The purpose of this Agreement is to set forth the full and complete agreement between the
parties on matters pertaining to rates of pay, hours of work and other conditions of
employment.
SCOPE OF AGREEMENT
This Agreement shall apply to those employees of the Ashland Fire and Rescue Department,
Ashland, Oregon, as listed in "Appendix A" but excluding volunteer firefighters, parttime
employees, seasonal and temporary employees'.
Where the term "employee" is used, it shall mean regular employees or probationary
employees within the bargaining unit, as the same are defined in Article XIV of this
Agreement.
"Parttime employee" shall mean persons working a fraction of the normal working week or
shift, but normally following a predetermined pattern of working hours.
"Seasonal employee" shall mean persons working for summer employment, not exceeding
four (4) consecutive months.
"Temporary employee" shall mean persons appointed for a limited period of time, not to
exceed one (1) year, e.g. college "sleepers", or student firefighters.
ARTICLE I - RECOGNITION AND NON-DISCRIMINATION
Section 1. Recognition.
The City recognizes the Union as the sole and and exclusive
other bogdit ong og employmept rporsall
of establishing rates of pay, hours of work a
employees in the bargaining unit described immediately above.
Section 2. No Discrimination.
The provisions of this Agreement shall be applied equally to all employees in the bargaining
creed color, sex age or national origin, sexual
unit without discrimination as to race, religion,
orientation, marital status, mental or physical disability or other protected status, unless based
upon a bona fide occupational qualification in accordance with applicable law. The Union
shall share equally with the City the responsibility for applying the provisions of this Section.
All references to employees in this Agreement designate both sexes, and whenever the male
gender is used, it shall be construed to include the male and female employees.
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Employees shall have the right to form, join, and participate in the activities of the Union or
any other labor organization, or to refrain from any or all such activities, and there shall be no
discrimination by either the City or the Union by reason of the exercise of such right, except
as specifically provided in this Agreement. Nothing in this Agreement shall be construed as
precluding or limiting the right of an individual employee to represent himself in individual
personal matters.
ARTICLE II - UNION SECURITY AND CHECKOFF
Section 1. Union Security.
The terms of this Agreement have been made for all employees in the bargaining unit and
not only for the members of the Union. Accordingly, it is fair that each employee in the
bargaining unit pay his/her own way and assume his/her obligation along with the grant of
equal benefits. Any bargaining unit employee who has not joined the Union within thirty (30)
days of becoming a regular or probationary employee shall, as a condition of employment,
pay to the Union an amount equal to the uniform dues of members of the Union.
Any individual employee objection based on bona fide religious tenets or teachings of a
church or religious body of which such employee is a member will require such an employee
to inform the City and the Union of his/her objection. The employee will meet with
representatives of the Union and establish a satisfactory arrangement for distribution of a
contribution of an amount of money equivalent to regular Union membership dues to a
nonreligious charity.
Section 2. Check Off.
Upon receipt of a lawfully executed authorization from an employee, the City agrees to deduct
the regular initiation fee and regular dues uniformly required of members of the Union, and
remit such deduction within fifteen (15) days after the conclusion of the regularly scheduled
twenty-seven (27) day pay period, to the official designated by the Union in writing to receive
deductions. The Union will notify the City in writing of the exact amount of such initiation fee
and regular membership dues to be deducted. Authorization by the employee shall be on
forms approved by the City and may be revoked by the employee upon written request. Upon
written notification by the Union of a check off error, the City will make adjustments within
sixty (60) days following such notification.
Section 3. Indemnification.
The Union agrees to indemnify and hold the City harmless against any and all claims, orders
or judgment brought or issued against the City as a result of any action taken or not taken by
the City under the provisions of Article II, Section 2.
ARTICLE III - MANAGEMENT RIGHTS
Union recognizes that it is the prerogative of the City to operate and manage its affairs in all
respects in accordance with its responsibilities. The powers or authority which City has not
expressly abridged, delegated or modified by this Agreement are retained by the City. It is
understood and agreed that the City possesses the sole and exclusive right to operate the
City through its City Administrator and department heads, but such rights must be exercised
consistent with the other provisions of this Agreement. Those rights include, but are not
limited to, the following:
1. To determine the mission of its constituent departments, commissions and boards.
2. To set standards of services.
3. To direct its employees.
4. To discipline or discharge regular employees for just cause and probationary
employees at its discretion.
5. To relieve its employees from duty because of lack of work, finances or other
legitimate reasons.
6. To maintain the efficiency of governmental operations.
7. To determine the methods, means and personnel by which government operations
are to be conducted.
8. To determine the content of job classifications.
9. To take all necessary action to carry out its mission in emergencies; and
10. To exercise complete control and discretion over its organization and the technology
of performing its work.
ARTICLE IV - STRIKE PROHIBITION
Section 1.
The Union and its members, as individuals or as a group, will not initiate, cause, permit or
participate or join in any authorized strike, work stoppage, or slowdown, picketing, or any
other restriction of work at any location in the City. Employees in the bargaining unit, while
acting in the course of their employment, shall not honor any picket line established in the
City by the Union or by any other labor organization when called upon to cross picket line in
the line of duty. Disciplinary action, including discharge may be taken by the City against any
employee or employees engaged in a violation of this Article. Such disciplinary action may
be undertaken selectively at the option of the City and shall not preclude or restrict recourse
to any other remedies, including an action for damages which may be available to the City.
Section 2.
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In the event of an unauthorized strike, work stoppage, slowdown, picketing, observance of a
picket line, or other restriction of work in any form, either on the basis of individual choice or
collective employee conduct, the Union will, immediately upon notification, attempt to secure
an immediate and orderly return to work. This obligation and the obligations set forth in
Section 1 above shall not be affected or limited by the subject matter involved in the dispute
giving rise to the stoppage or by whether such matter is or is not subject to the grievance and
arbitration provision of this Agreement.
Section 3.
The City agrees not to engage in a lockout of any Union member of the Ashland Fire
Department as a consequence of a dispute arising during the period of this Agreement.
ARTICLE V - HOLIDAYS
Section 1. Recognized Holidays.
The following shall be recognized as holidays:
New Years Day (January 1)
Lincoln's birthday (1st Mon. in Feb.)
Martin Luther King Jr. Birthday (3rd Mon. in Jan.)
Washington's Birthday (3rd Mon. in Feb.)
Memorial Day (last Mon. In May)
Independence Day (July 4)
Labor Day (1 st Mon. in Sept.)
Veterans Day (November 11)
Thanksgiving Day (4th Thurs. in Nov.)
Christmas Day (December 25)
Any day declared to be a holiday by the President, Governor or Mayor.
Whenever a holiday shall fall on Sunday, the succeeding Monday shall be observed as the
holiday. Whenever a holiday shall fall on Saturday, the preceding Friday shall be observed
as the holiday. If an employee is on authorized vacation, sick leave, or other leave with pay
when a holiday occurs, such holiday shall not be charged against such leave.
Section 2. Holiday Compensation.
All regular employees shall receive in addition to their regular pay, eleven and two-tenths
(11.2) hours pay for each of the holidays in the fiscal year as listed above at their regular
straight time rate of pay. The additional compensation shall be paid on the first Friday of the
month of December and issued in a separate check. In no instance shall the holiday
compensation be paid later than December 15th. In the event an employee leaves the City's
employment before the end of the fiscal year for which holiday pay is granted, eleven and
two-tenths (11.2) hours pay shall be deducted from his/her final paycheck for each holiday
which has not yet occurred. Personnel on a forty (40) hour workweek shall receive all
recognized holidays off.
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ARTICLE VI - VACATIONS
Section 1. Eligibility.
An employee shall be eligible to take accrued vacation time off with pay after one (1) full year
of continuous service with the City. Vacation time off with pay shall be accrued on a monthly
basis in accordance with the following schedule.
• Employees with less than four (4) full years of continuous service shall accrue
fourteen (14) hours of vacation credit for each full calendar month worked.
• Employees with more than four (4), but less than nine full years of continuous
service, shall accrue eighteen (18) hours of vacation credit for each full calendar
month worked.
• Employees with more than nine (9), but less than fourteen (14) full years of
continuous service, shall accrue-twenty-two (22) hours of vacation credit for each
full calendar month worked.
• Employees with more than fourteen (14), but less than nineteen (19) full years of
continuous service, shall accrue twenty-six (26) hours of vacation credit for each full
calendar month worked.
• Employees with more than nineteen (19), but less than twenty-four (24) full years of
continuous service, shall accrue twenty-eight (28) hours of vacation credit for each
full calendar month worked.
• Employees with more than twenty-four (24) full years of continuous service shall
accrue thirty (30) hours of vacation credit for each full calendar month worked.
Section 2. Continuous Service.
Continuous service, for the purpose of accumulating vacation leave credit, shall be based on
the time spent by an employee in active employment or on paid leave. Time spent on leaves
which are not paid by the City will not be counted as a part of continuous service for accrual
purposes, but employees returning from such leaves and from layoff status shall be entitled
to credit for service prior to the leave.
Section 3. Accrual Limitations.
Accumulation of vacation time off with pay is limited to twenty-four (24) months of accrued
vacation credit at the applicable rate. The City shall establish a procedure to notify an
employee thirty (30) days in advance of impending loss of accrued vacation time. Any
employee who is about to lose vacation credit because of accrual limitations may, by notifying
his supervisor fifteen (15) days in advance, absent himself/herself to prevent such loss. Such
action taken by the employee shall not constitute a basis for disciplinary action, or loss of pay.
To prevent loss of accrued vacation, employees must take leave in increments of no less than
twenty-four (24) hours (one shift). If an employee does not take his or her accrued vacation
leave after proper notification by the City, such vacation credit shall be deemed forfeited,
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unless the failure to take vacation is caused by the City's insistence that the employee be at
work during a scheduled vacation period.
Section 4. Scheduling.
Vacation times shall be scheduled by the City based on its judgment as to the needs of
efficient operations and the availability of vacation relief. Subject to the foregoing, employees
shall have the right to be granted vacation time off in accordance with the following:
Employees shall be permitted to request vacation time off either on a split or an entire basis.
Vacation shall be selected on the basis of seniority; provided, however, employees will be
permitted to exercise their right to select vacations by seniority only once annually. The
vacation schedule shall be posted annually as of November 1 st and employees shall exercise
their choice by bidding in seniority. There may be up to a total of two (2) employees on
vacation or compensatory time off at any given time. The list shall be closed as of December
1 st and subsequent changes shall be made only by mutual consent of the parties. Scheduling
of vacation periods, to the extent consistent with operation requirements of the City and
vacation credits of the employee, shall be in units of not less than one shift (24 hours), and
may be scheduled at any time. Vacation or comp time requests that occur within 48 hours
(short notice) of an employee's regularly scheduled shift shall only be granted if the request
does not incur any overtime for the City.
Section 5. Payment on Termination.
In the event of death, termination or other separation of employment of an employee during
the initial twelve (12) months of his employment, vacation is not considered earned and no
payment in lieu of vacation shall be made. In the event of death, retirement, termination or
other=separation of employment after an employee has served for twelve (12) continuous
months, and is otherwise eligible for vacation credits, the employee shall be entitled to
payment for accrued vacation leave at the rate as of the date of eligibility. In the event of
death, earned but unused vacation leave shall be paid in the same manner as salary due the
deceased employee.
ARTICLE VII - HOURS OF WORK
Section 1. Work Schedules.
Employee working hours will be scheduled consistent with the operating needs of the Fire
Department. Shift employees will be assigned to work regular shifts totaling a maximum of
204 straight-time hours over a twenty-seven (27) day cycle. Consistent with operating
requirements, shift employees shall be scheduled to work on regular work shifts, during this
twenty-seven=(27) day cycle and each shift shall have regular starting and quitting times.
Work schedules showing the employee's shifts, workdays and hours shall be posted on
Department bulletin boards for thirty (30) days prior to their effective date. Except for
emergency situations and for the duration of the emergency, changes in work schedules shall
be posted seven (7) days prior to the effective date of the change.
Employees on a forty (40) hour workweek shall be scheduled to work forty (40) hours within
each seven (7) day period beginning on Monday at 8:00 a.m. and ending the following
Monday at 8:00 a.m.
Section 2. Shift Transfers.
(a) No regular employee shall suffer a loss of pay, due to a lesser number of scheduled
hours of work as a result of an involuntary transfer from one shift to another shift.
(b) In the event the City determines a shift trade is necessary and there is no business or
operational purpose articulated for the transfer, the City will provide 14 days notice
prior to the effective date of change. In such situations, the City will first ask for
volunteers; if no one volunteers; the transfer will be made based on seniority.
ARTICLE VIII - SICK LEAVE
Section 1. Accumulation.
Sick leave shall be earned by regular and probationary shift employees at the rate of sixteen
(16) hours for each calendar month of service. Sick leave may be accumulated to a total of
twelve hundred and forty-eight (1,248) hours and must be taken for purposes specified in
Section 2 below, as a condition to any sick leave payment. Personnel regularly assigned to a
forty (40) hour work week shall accumulate eight (8) hours for each calendar month of service
to a maximum of seven hundred twenty (720) hours.
Section 2. Utilization for Illness or Injury.
Employees may utilize their allowance for sick leave when unable to perform their work duties
by reason of illness or injury. A maximum of forty-eight (48) hours sick leave per calendar
year may also be used when the employee's absence is needed to care for an ill or injured
immediate family member as defined by the Oregon Family Leave Act. In such event, the
employee shall notify their immediate supervisor of absence due to illness or injury, and the
nature and expected length of the absence as soon as possible prior to the beginning of his
scheduled regular work shift, unless unable to do so because of the serious nature of injury
or illness. A physician's statement of the nature and identity of the illness, the need for the
employee's absence and the estimated duration of the absence may be required at the option
of the City, for absences of over one shift (two work days for forty hour personnel) prior to
payment of any sick leave benefits and/or prior to allowing the employee to return to work. If
the Fire Chief has reason to believe sick leave is being abused, a physician's statement may
be required as a prerequisite to payment of sick leave for one shift (two work days for forty
hour personnel), provided the employee has been advised in advance of this requirement. In
the event of the latter requirement, the City shall bear the cost of sending the employee to a
physician designated by the City or to a physician mutually agreed upon by the employee and
the City. In emergency cases, employees may be granted sick leave for doctor or dental
appointments, if approved by the Fire Chief.
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Section 3. Integration With Worker's Compensation.
When an injury occurs in the course of employment, the City's obligation to pay under this
sick leave article is limited to the difference between any payment received for time loss
benefits under Worker's Compensation laws and the employee's regular pay. In such
instances, one third (1/3) charges will be made against accrued sick leave.
Section 4. Sick Leave Without Pay.
Upon application by the employee, sick leave without pay may be granted by the City for the
remaining period of disability after accrued sick leave has been exhausted. The City may
require that the employee submit a certification from a physician periodically during the period
of such disability, and before returning to work. After accrued sick leave has been exhausted,
an employee may elect to use accrued vacation and/or compensatory leave for sick leave.
The City shall notify an employee approximately 30 calendar days before paid sick leave is
exhausted. An employee must file a written request for sick leave without pay to the Fire
Chief, fourteen (14) calendar days before paid leave is exhausted, otherwise he shall be
considered as having resigned his position with the City.
Section 5. Pay for Unused Sick Leave.
Members of the bargaining unit may elect to receive 1/3 of their unused annual sick leave
accrual (maximum of 64 hours) in the form of a cash contribution into their deferred
compensation accounts on the first payroll in December. If deferred compensation is not
elected as an option, the unused portion of sick leave will be added to cumulative sick leave
balance.
Section 6. Termination.
Sick leave is provided by the City in the nature of insurance against loss of income due to the
illness or injury. No compensation for accrued sick leave shall be provided for any employee
upon his death or termination or other separation of employment for whatever reason, except
as provided in ARTICLE XVII, Section 2. Sick leave shall not accrue during any period of
leave of absence without pay.
ARTICLE IX - FUNERAL LEAVE
Section 1. Funeral Leave.
An employee shall be granted two (2) working shifts (two work days for forty hour personnel)
funeral leave with regular pay in the event of death in the immediate family of the employee.
The immediate family shall be defined as spouse, parents, grandparents, children, brothers
and sisters of the employee and the parents, children, brothers, sisters and grandparents of
the employee's spouse. The employee will be paid his regular hourly rate for any such days
of excused absence which occur only during his assigned workweek. Leave with pay of up
to four (4) hours may be granted when an employee serves as a pallbearer, irrespective of
whether the deceased is an immediate family member.
ARTICLE X - OTHER LEAVES OF ABSENCE
Section 1. Leaves of Absence Without Pay.
Leaves of absence without pay, not to exceed one (1) year, may be granted upon
establishment of reasonable justification and where the Fire Chief or his designee has
determined that the operation of the Department will not be negatively impacted by the
temporary absence of the employee. Requests for such leaves must be in writing, and
submitted to the Fire Chief or his designee thirty (30) days prior to the requested leave date.
Section 2. Jury Duty.
Employees shall be granted leave with pay for service upon a jury, provided, however, that
the regular pay of such an employee for the period of absence shall be reduced by the amount
of money received by him for such jury service. Upon being excused from jury service for
any day, an employee shall immediately contact his supervisor for assignment for the
remainder of his or her regular workday.
Section 3. Appearances.
Leave with pay shall be granted for an appearance before a court, legislative committee,
judicial or quasi-judicial body as a witness in response to a subpoena or other direction by
proper authority; provided, however, that the regular pay of such employee shall be reduced
by an amount equal to any compensation he may receive as witness fees.
Section 4. Required Court Appearances.
Leaves of absence with pay shall be granted for attendance in court in connection with an
employee's officially assigned duties, including the time required for travel to the court and
return to the employee's headquarters. The regular overtime rate, if applicable, shall apply to
employees who are off duty, provided that any compensation he may receive as witness fees
shall be paid over to the City.
Section 5. Election Day.
Employees shall be granted two (2) hours to vote on any election day only if, due to
scheduling of work, they would not otherwise be able to vote.
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Section 6. Union Business.
Employees elected to any legitimate full time paid Union office which takes them from their
employment with the City, shall upon written request of the Union and the employee, be
granted a leave of absence of up to one (1) year without pay, renewable upon application.
Employees selected by the Union to attend conventions and related union activities shall,
upon written request of the Union and the employee, be granted a leave of absence of up to
thirty (30) days without pay.
Employees selected by the Union to attend collective bargaining sessions between the Union
and the City shall not suffer a loss of pay or benefits as a result of attendance at such
meetings. However, all efforts shall be made to schedule such meetings so as not to affect
the staffing or operation of the Department. Not more than three (3) members shall be allowed
this time off for any one meeting.
During collective bargaining sessions, bargaining team members may trade time without the
application of ARTICLE XVI, Section 11, parts (d) and (e), and further without any records
being kept by the City as to trade time debts between employees during such sessions.
Section 7. Educational Leave.
After completing one (1) year of continuous service, an employee, upon written request, may
be granted a leave of absence without pay by the City for the purpose of upgrading his/her
professional ability through enrollment in education courses directly related to employment at
an accredited school or course of study. The period of such leave of absence shall not exceed
one (1) year, but may be renewed or extended upon request of the employee and approval
by the Fire Chief or his designee. One year leaves of absence, with requested extensions,
for educational purposes may not be provided more than once in any three (3) year period.
Replacements shall be considered temporary employees. Employees shall also be granted
time off with pay for educational purposes, for reasonable lengths of time, to attend
conferences, seminars, briefing sessions, training programs, and other programs of a similar
nature that are intended to improve or upgrade the employee's skill and professional ability,
when ordered or approved by the Fire Chief or his designee.
Section 8. Military Leave.
Military leave shall be granted in accordance with state and federal law. The City shall
recognize the military year October 1 to September 30 for all employees.
Section 9. Failure to Return from Leave.
Any employee who is granted a leave of absence and who fails to return to work at the
expiration of said leave of absence, shall be considered as having resigned his position with
the City, and his position shall be declared vacated; except and unless the employee, prior to
the expiration of his leave of absence, has requested an extension and furnished evidence
that he is unable to work by reason of sickness, physical disability, injury or other legitimate
reason beyond his control.
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ARTICLE XI - COMPENSATION
Section 1. Pay Schedule.
Employees shall be compensated in accordance with the pay schedules attached to this
Agreement and marked "Appendix B" which is hereby incorporated into and made a part of
this Agreement.
Engineer, captain, and Battalion Chief pay will be calculated based upon Top Step Firefighter
EMT-Basic pay. Appendix B will reflect the following:
(a) Engineers will receive an additional:
3% for the first year (Step 1)
6% for the second year (Step 2)
9% thereafter (Top Step)
(b) Captains will receive an additional:
12% for the first year (Step 1)
15% for the second year (Step 2)
18% thereafter (Top Step)
(c) Battalion Chiefs will receive an additional:
21 % for the first year (Step 1)
24% for the second year (Step 2)
27% thereafter (Top Step)
When any position not listed on the pay schedule is established, the City shall designate a
job classification and pay rate for the position. The Union shall be notified and the pay rate
established by the City shall be considered tentative until the Union has been afforded the
opportunity to meet and discuss the matter. If the Union does not agree that the classification
or pay rate is proper, the Union may submit the issue as a grievance according to the
grievance procedure or pursue dispute resolution procedures pursuant to ORS as
appropriate.
Section 2. Pay Periods.
Employees shall be paid every other Friday. Pay periods shall be for 14 days beginning at
12:01 AM on Saturday and ending on the 14th day (Friday) at 11:59 PM. Pay days shall be
on the Friday following the close of each pay period.
(a) Due to three shifts, regular hours are estimated: 106 hours is the average for a
14 day period.
(b) Due to three shifts, FLSA hours are estimated: 6 hours is the average for a 14
16
day pay period.
(c) All other hours, such as premium pay (overtime, outclass, call backs) are based
on actual hours worked and paid accordingly.
(d) Any leave, such as Vacation, Holiday, Sick or Comp Time, that are used during
the 14 day period reduce the average hours paid.
Section 3. Overtime.
(a) The City has the right to assign overtime work as required in a manner most
advantageous to the City and consistent with the requirements of municipal service
and the public interest. Except as provided in Article XVI, Section 11, shift employees
shall be compensated at the rate of one and one-half times their regular rate for work
performed outside their regularly scheduled straight-time shifts of 204 hours during a
twenty-seven (27) day cycle as set forth in ARTICLE VII, Section 1. Forty (40) hour
personnel shall be compensated at overtime rates for all hours worked in excess of
forty (40) hours within each workweek as defined in ARTICLE VII Section 1.
For shift employees, overtime may result from scheduled overtime, as well as call-
backs and hold-overs as follows:
Call-Back Overtime. Employees called back to work shall receive overtime pay with
a guaranteed minimum of one (1) hour at double time for the work for which they are
called back. All additional hours worked and annexed to the one (1) hour callback shall
be paid at the overtime rate of time-and-one-half (1-1/2) the regular rate of pay until
the beginning of the employee's regular scheduled work shift.
Scheduled Overtime. Scheduled overtime is defined as required overtime work for
which the employee received notification no less than ten (10) hours prior to the
reporting time specified, and shall be compensated at one and one-half (1-1/2) times
his regular rate of pay. Scheduled overtime also includes work performed in excess
of 204 hours in a twenty-seven (27) day cycle that is scheduled by the Department.
Such time worked shall also be compensated at one-and-one-half (1-1/2) times an
employee's regular rate.
Hold-Over Overtime. Holdover overtime is defined as required overtime work for
which an employee is required to remain at work beyond his regular work shift or
workday and shall be compensated at one and one-half (1-1/2) times the employee's
pay.
In no event shall overtime compensation be received twice for the same hours worked.
(b) Compensation for authorized overtime shall be paid in the form of pay at the applicable
rate or banked as compensatory time off. All overtime shall be recorded by the
employee and must be approved by the Fire Chief or designated supervisor.
(c) For purposes of the Company overtime under the Federal Fair Labor Standards Act
and state statute only, authorized leave with pay shall be considered hours worked.
(d) Overtime may be taken in the form of compensatory time off in lieu of paid
compensation. Such time off shall be approved by the Fire Chief and shall not be
unreasonably withheld. The Fire Chief may withhold approval when the complement
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of employees has been temporarily reduced due to scheduled vacations, or other
previously approved leaves for other employees on that shift. There may be up to a
total of two (2) employees on compensatory time off or vacation, at any given time.
Permission for such time off must be requested from the affected shift's Captain at
least forty-eight (48) hours in advance of the time off. Such time off must be taken in
increments of not less than two (2) hours, and shall not interfere with the operations
of the Fire Department. Provided, however, that the compensatory time off may not
be taken by virtue of hours worked in excess of 53 and less than 57 in a work week.
The maximum compensation time that may be accrued is 112 hours (80 hours for
40hour employees).
Section 4. EMT Certification.
The City and the Union recognize the need to have highly trained employees to operate the
City's rescue equipment and to respond to medical emergencies. To this end, the City and
the Union agree as follows:
Emergency Medical Technician-B (EMT-B) certification shall be the mandatory minimum level
of certification required for all positions in the bargaining unit.
(a) The employee shall be responsible for continuing to maintain the required level of EMT
certification as a condition of continued employment.
(b) The City will pay expenses associated with mandatory EMT re-certifications and other
mandatory certifications. Such expenses may include transportation and travel costs,
application and test fees, registration fees, etc. The City will decide how many
employees will be involved at any one time due to budgeting and staffing
requirements.
(c) Except as otherwise provided in this Agreement, certified Emergency Medical
Technicians (EMT's), shall be compensated as follows:
EMT `P' 8.75% of Top Step Firefighter EMT-Basic pay - July 1, 2012
EMT `P' 10.25% of Top Step Firefighter EMT-Basic pay - July 1, 2013
EMT `P' 11.75% of Top Step Firefighter EMT-Basic pay - July 1, 2014
All the above amounts shall be incorporated into the base wage schedule set forth in
Appendix=B. If any individuals achieve a higher level of certification, the City will pay
the premium pay for the higher level.
Section 5. "Working Out of Classification."
When an employee is required to work in a higher job classification for at least two (2) hours
or more, he/she shall receive the pay rate for the higher classification for time worked in a
higher classification until the return to their previous job classification. If an employee takes
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vacation, sick leave or other paid time off while working in a higher classification and returns
to the higher classification, he/she shall be paid their regular position's salary rate for such
vacation and sick-leave. The Fire Chief may assign an employee to acting in assignments.
Subject to the foregoing, the rate of pay shall be the entry level salary established for the
higher position or the next level salary if the entry level salary is less than the rate of pay
earned in the lower classification.
Section 6. Educational Expense Reimbursement.
The City shall pay the cost of books and tuition for successfully completed, job-related
courses which have been approved in advance by the Fire Chief. In the event that an
employee leaves City service sooner than two years after completion of the course(s), the
amount paid by the City will be deducted from the employee's final paycheck to the extent
the deduction does not reduce the employee's wages below legal minimums. If the deduction
is not sufficient to fully reimburse the City, the employee shall be responsible to make a direct
payment in the amount of the differential.
Section 7. Mileage.
Employees required to report for special duty at any location outside of the City or required
to transfer mid-shift to a location other than their normal reporting station and who are
required to use their personal vehicle for transportation to such location shall be
compensated for the extra distance driven at the rate established by the City. The mileage
for outside of city locations will be the lesser of actual miles traveled or the distance from
City Hall to the location of the special duty. Personal vehicle use will only be allowed if a
department vehicle is not available. Such mileage reimbursement shall be made from petty
cash pursuant to standard petty cash reimbursement forms to be submitted for the subject
month no later than the first working day of the following month.
Section 8. Haz Mat Team.
Should the City participate in the regional haz-mat program, each member of the Haz-Mat
Team who maintains membership status on the response team, shall be compensated as
follows:
(a) Each team member shall be paid an incentive of $504.00 per year for maintaining their
required membership status. Payment shall be $42.00/month added to regular pay
for the year in which the member serves on the Haz Mat Team.
(b) Team members shall receive time and one-half their regular pay when involved in a
state approved Hazardous Materials Team Activity, or off-duty training required by
the Fire Chief.
(c) Team members shall receive double their regular pay when activated for response to
a Hazardous Materials incident (2-hour minimum).
(d) Team members shall receive an annual baseline physical, paid for by the City, to
maintain their membership on the regional team.
Section 9. Field Training Paramedic Program.
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Should the City participate in a Field Training Paramedic (FTP) Program, each member
assigned by the department as an FTP will receive $90.00 per month, for each calendar
month that the employee is so assigned.
Section 10. Educational Incentive Program.
Effective July 1, 2017, employees may receive additional compensation for formal education
or education attained through achieving DPSST Certifications by rank. Education incentives
cannot be combined, and shall not exceed 3%. Program details are contained in Appendix
E.
Formal Education Incentive DPSST Certification (by rank)
Bachelor's Degree, 2% DPSST Tier I, 2%
Masters' Degree, 3% DPSST Tier 2, 3%
ARTICLE XII - DISCIPLINE AND DISCHARGE
Section 1.
No regular employee as defined in ARTICLE XIV, Section 4, may be disciplined except for
just cause and after due process. Disciplinary action may be imposed upon any employee for
failing to fulfill his or her responsibilities as an employee. Conduct reflecting discredit upon
the City or Department or which is a direct hindrance to the effective performance of the City
functions shall be considered just cause for disciplinary action. Such cause may also include
misconduct, inefficiency, incompetence, insubordination, misfeasance, malfeasance, the
willful violation of Department rules or for political activities forbidden by law.
Section 2.
Discipline for just cause may include the following:
1. Verbal reprimand;
2. Written reprimand;
3. Suspension;
4. Demotion;
5. Discharge.
Section 3.
An employee may be suspended from employment, with or without pay, while charges against
the employee are investigated. Such a suspension may be for no more than five (5) working
days, unless mutually extended by the parties. If the employee is cleared completely of the
charges, the affected employee will be immediately reinstated without loss of pay or benefits.
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If the charges are upheld, the suspension or any part of it may be determined to be part of
the discipline, effective as of the date of suspension.
Verbal reprimands shall be identified as such in advance, shall not be grievable, and any
reference to a verbal reprimand shall be retained in an employee's file for no more than two
years after it occurs.
Section 4.
In the event of an offense of such serious nature that immediate disciplinary action is required,
the employee may be suspended immediately from employment until such charges are
investigated and a decision made to continue or terminate the employee. If the employee is
cleared completely of the charges, the affected employee will be immediately reinstated
without loss of pay or other benefits. If charges are upheld, the termination date will be the
date of suspension.
Section 5.
In any case of suspension, a written notice of the charges against the employee, and grounds
for suspension shall be supplied to the Union and affected employee. Any disciplinary action
that is protested, shall be protested only as grievance through the regular grievance
procedure.
Section 6.
Two (2) years from the date a written reprimand is issued it shall be removed from personnel
records provided no other infractions have occurred concerning the same matter.
Section 7.
An employee having less than twelve (12) months continuous service shall serve at the
discretion of the City.
ARTICLE XIII - SETTLEMENT OF DISPUTES
Section 1. Grievance and Arbitration Procedure.
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Any grievance or dispute which may arise between the parties concerning the application,
meaning or interpretation of this Agreement shall be settled in the following manner, provided
however, the time limits can be extended by mutual consent of the parties. Once a grievance
has been filed in writing it may not be changed except as to facts.
STEP I (Informal). The affected employee shall discuss the problem with the Fire Chief or
his designee within seven (7) business days of its occurrence. The discussion shall
include factual details of the incident, the section of this Agreement allegedly violated
and the specific remedy requested. The City shall have the seven (7) business days
to attempt to resolve the matter and shall answer the employee either verbally or in
writing. If the problem is not resolved within the seven (7) business days, it may
proceed as a grievance to the second step.
STEP II. If the problem has not been settled between the affected employee and the Fire
Chief or his designee, it may be presented as a grievance in writing by the Union
representative to the Fire Chief within seven (7) business days after the response
specified in Step I is due. The written notice shall include details of the grievance, the
section of this Agreement allegedly violated and the specific remedy requested. The
Fire Chief shall respond to the Union representative in writing within seven (7)
business days after receipt of the grievance.
STEP III. If the grievance still remains unadjusted, it may be presented by the Union to the
City Administrator or his designee(s) within seven (7) business days after the response
specified in STEP II is due. The City Administrator or his designee(s) shall respond in
writing to the Union within seven (7) business days.
STEP IV. If the grievance is still unsettled, either party may, within ten (10) calendar days
after the reply of the City Administrator is due, by written notice to the other, request
arbitration of the dispute under STEP V.
STEP V. If the grievance is still unsettled, either party may within ten (10) calendar days of
the decision of the City Administrator or his designee, under STEP IV, have the right
to have the matter arbitrated by a third party jointly agreed upon by the City and the
Union. If the parties are unable to agree upon an arbitrator, the American Arbitration
Association or the Oregon Employment Relations Board shall be requested to submit
a list of five names of Oregon and/or Washington arbitrators. Both the City and the
Union shall have the right to strike two names from the list. The party requesting
arbitration shall strike the first name and the other party shall then strike one name.
The process shall be repeated and the remaining person shall be the arbitrator. The
City and the Union shall meet in a prehearing conference and shall prepare a
submission agreement regarding the specific issue(s) in dispute. The designated
arbitrator shall hear both parties as soon as possible on the disputed matter and shall
render a decision within thirty (30) calendar days which shall be final and binding on
the parties and the employee. The arbitrator shall have no right to amend, modify,
nullify, ignore or add provisions to the Agreement, and shall be limited to consideration
of the particular issue(s) presented to him. His decision shall be based solely upon his
interpretation of the meaning and application of the Agreement. Expenses for the
arbitrator shall be borne equally by the City and the Union, however each party shall
be responsible for compensating its own representatives and witnesses. If either party
desires a verbatim recording of the proceeding, it may cause such record to be made,
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provided it pays for the record. If the other party desires a copy, both parties shall
jointly share the cost of the transcript and all copies. If any grievance is not presented
or forwarded by the employee or Union within the time limits specified above, such
grievance shall be deemed waived.
Section 2. Stewards.
Employees selected by the Union to act as Union representatives shall be known as
"stewards" and shall not exceed three (3) in number. The names of the employees selected
as stewards and the names of local Union representatives, state council or international
representatives who may represent employees, shall be certified in writing to the City by the
Union. Duties required by the Union of stewards, excepting attendance at meetings with
supervisory personnel and aggrieved employees arising out of a grievance already initiated
by an employee under Section 1 above, shall not interfere with their or other employees'
regular work assignments as employees of the City. On-the-job contacts between stewards
and an aggrieved employee shall be made so as not to interfere with or disrupt regular Fire
Department operations and with the consent of the Fire Chief or his designee. Requests for
such contacts shall not be unreasonably denied, but shall be limited to a total of no more than
six (6) hours per month. Union stewards shall not solicit, or "shop" for grievances while on
duty. Time allowed to be authorized for contacts between stewards and an aggrieved
employee under this Article shall be used to solve problems, not to encourage them. Stewards
shall make every effort to attempt to make contacts during their off duty hours.
ARTICLE XIV - SENIORITY
Section 1. Seniority.
Seniority shall be an employee's length of continuous service with the bargaining unit, dating
from his last date of hire and shall apply by job classification in the matter of layoff and recall.
In the event of a layoff, such a laid off employee may exercise his seniority to bump into a
lower job classification within the Department, provided he is qualified to perform the work.
To prevent unnecessary disruption and delays, employees must exercise their bumping rights
in writing within fourteen (14) calendar days of receipt of notice of layoff. Recall from layoff
shall be in the reverse order of seniority, provided the recalled employee is qualified to
perform the work.
Seniority shall continue to accrue during:
(a) Authorized sick leave or disability leave up to ninety (90) calendar days;
(b) Vacation leave;
(c) Educational leave approved by the City;
(d) Military leave as specified in ARTICLE X Section 8;
(e) Funeral leave;
(f) Jury duty;
(g) Promotion to a supervisory position outside of the bargaining unit for six (6)
months;
Section 2. Suspension of Seniority.
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Seniority shall be retained, but shall not continue to accrue during:
(a) Authorized sick leave or disability leave in excess of ninety (90) days;
(b) Educational leave requested by the employee;
(c) Military leave in accordance with law;
(d) Election to a full time paid Union office up to one (1) year, renewable upon
application; and
(e) Other authorized leaves of absence of up to one (1) year.
Section 3. Termination of Seniority.
Seniority and the employment relationship shall be broken or terminated if an employee: (1)
Quits; (2) Is discharged for just cause; (3) Is absent from work without notification to the Fire
Chief or his designee, by the beginning of his next regularly scheduled work shift; (4) Is laid
off and fails to report to work within five (5) days after being recalled; (5) Is laid off- from work
for any reason for 24 months or for a period of time equal to his seniority, whichever is shorter;
(6) Fails to report for work after the termination of a leave of absence; (7) If while on a leave
of absence for personal health reasons accepts other employment without permission, or (8)
Retires.
Section 4. Probationary Period.
The probationary period is an integral part of the employee selection process and provides
the City with the opportunity to upgrade and improve the Department by observing a new
employee's work, training, aiding new employees in adjustment to their position, and by
providing an opportunity to reject any employee whose work performance fails to meet
required work standards. Every new employee hired into the bargaining unit shall serve a
probationary period of twelve (12) full months, after which they shall be considered a regular
employee and granted seniority retroactively to the last date of hire. The Union recognizes
the right of the City to terminate probationary employees for any reason and to exercise all
rights not specifically modified by this Agreement with respect to such employees.
Termination of a probationary employee shall not be subject to the grievance procedure under
ARTICLE XIII.
Section 5. Layoff and Recall
Recall from layoff exceeding three (3) shifts shall be by certified letter sent to the employee
at their last known address furnished to the City by an employee. The City may also use any
means to return an employee sooner. The City may require the successful completion of a
medical-examination as a prerequisite to returning an employee to work following a layoff, at
City expense.
ARTICLE XV - PROMOTIONS
Section 1. Testing.
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No employee shall be promoted from one rank to another without first having passed a
promotion examination. Promotion examinations shall be based upon ascertained merit and
standing upon examination. Promotional opportunities shall be posted for at least sixty (60)
calendar days prior to the beginning of the testing procedure. In the event that a change in
staffing dictates noticing of less than sixty (60) days, the Fire Chief will contact the Association
President and discuss the reasons for providing less than sixty (60) calendar days. Whenever
a promotional examination is given, the notice announcing such examination shall state: the
passing score on all parts of the examination; the relative weight of each part of the
examination and the length of time the eligibility list established by the examination process
will be effective.
Section 2. Eligibility.
It shall be a prerequisite that any applicant for examination for a position or classification
above that of firefighter in the bargaining unit shall have had service for at least two (2) years
for Engineer, and three (3) years for Captain, and five (5) years for Battalion Chief in the Fire
Department of the City of Ashland. In addition, applicants cannot be eligible to test for a
position unless they have passed and are in good standing on the promotion list for the
position directly below the position in which they are testing for.
Promotional vacancies for classifications listed in "Appendix A" may be filled from outside the
Ashland Fire Department only in the event of the following:
(a) If, after posting a promotional opportunity in accordance with Section 1 of this
Article, the City receives no notices of intent to participate as outlined in Section
3 of this Article;
(b) If it is found for Engineer that, after testing in accordance with the terms of this
Article, no one within the bargaining unit is deemed qualified for the position by
virtue of test scores; or
(c) If it is found for Captain that, after testing in accordance with the terms of this
Article, there are not at least three (3) employees within the bargaining unit
deemed qualified for the position by virtue of test scores.
(d) If it is found that for Battalion Chief, after testing in accordance with the terms
of this article, there are not at least two (2) employees with the bargaining unit
deemed qualified for the position by virtue of test scores.
Section 3. Procedure.
Employees must submit in writing to the Fire Chief or his or her designee, their intent to
participate in the testing procedure not later than ten (10) calendar days prior to the test date.
The content of the examination shall be limited to measuring of skill, technical knowledge and
level of self-development attained for the classification sought by applicants. When
examinations are given, the examination board will be made up of panelists from outside the
Ashland Fire Department. Two Chief Officers from the Department will provide comments on
the accuracy of applicant statements.
3.1 Promotional Process
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Candidates will be provided with advanced notice of the grading & scoring criteria
which will be used in the assessment process.
3.2 Promotional Process Summary
Each candidate who participates in a promotional process for a position covered by
this agreement shall be provided with a promotional process summary which will
include constructive feedback from the panelists involved.
Section 4. Credit for Seniority.
In the event two (2) or more applicants are equally qualified by virtue of identical test scores,
seniority shall govern placement on the promotional list.
Section 5. Promotional List.
Promotional lists shall be established from test scores, with number one on the list being that
employee who had the best or top overall score. The list will serve to advise each applicant
of his standing relative to the outcome of the testing procedure.
Section 6. Appointment.
When the City desires to fill a vacancy, it shall choose the candidate with the highest overall
score on the eligibility list, unless the Fire Chief determines that such individual is not the
most qualified. and puts his reasons for such a determination in writing.
Section 7. Promotional Probationary Period.
Regular employees promoted into a higher classification shall serve a promotional
probationary period of twelve (12) full months. The Union also recognizes the right of the
employer to demote an employee on promotional probationary status to his previous position.
Demotion of an employee on promotional probationary status shall not be subject to the
grievance procedure under ARTICLE XIII. Such demotion shall not be considered a
disciplinary action. The reasons for demotion shall be supplied in writing to the demoted
employee within 48 hours after the demotion.
ARTICLE XVI - GENERAL PROVISIONS
Section 1. Bulletin Boards.
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The City agrees to furnish and maintain a suitable bulletin board in a convenient place in the
work or assembly area to be used by the Union. The Union shall limit its posting of Union
notices and bulletins to such bulletin board, which shall be used only for the following Union
notices and bulletins:
(a) Recreational and social affairs of the Union
(b) Union meetings
(c) Union elections
(d) Reports of Union committees
(e) Rulings or policies of the International Union
In addition, the Union may post one IAFF sign, and may use the dayroom for Union
meetings, provided they first secure permission from the Captain.
Section 2. Visits by Union Representatives.
The City agrees that accredited representatives of the International Association of Firefighters
and the Oregon State Firefighters Council, upon reasonable and proper introduction, may
have reasonable access to the premises of the City at any time during working hours for the
purposes of assisting in the administration of this Agreement, if they first obtain permission to
do so from the Fire Chief or his designated representative.
Section 3. Solicitation.
The Union agrees that its members will not solicit membership in the Union or otherwise carry
on Union activities during working hours, except as specifically provided in this Agreement.
Section 4. Existing Conditions.
It is understood and agreed that there exists within the Fire Department certain established
working conditions which constitute employment relations under ORS 243.650 through
243.782 which shall continue in effect for the term of this Agreement, unless or until changed
by mutual agreement of the parties, or by the City in accord with its prerogatives stated
elsewhere in this Agreement, or as required by appropriate State or Federal laws, orders or
regulations. In case of changes by other than mutual agreement, the Union shall be notified
as soon as practicable of a change or proposed change.
Section 5. Rules.
It is jointly recognized that the City must retain broad authority to fulfill and implement their
responsibilities and may do so by written work rules, existing or future. It is agreed, however,
that no work rule will be promulgated or implemented which is inconsistent with a specific
provision of this Agreement.
Section 6. Other Employment.
Prior to accepting outside employment, an employee shall first discuss the matter with the
Fire Chief. Acceptance or continuance of regular outside employment by an employee shall
be subject to the following criteria:
(a) The need for mentally and physically alert public safety employees.
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(b) Insulating employees from potential conflict of interest situations.
(c) Maintaining efficiency unimpaired by other employment, recognizing the nature
of the job requiring firefighters to be available for emergency duty twenty-four
(24) hours a day.
Section 7. Supervisory Employees.
It is understood that supervisory employees not covered under this Agreement shall not
perform work within the jurisdiction of the Union except in the case of an emergency, or for
purposes of instruction or training, or where the complement of regular employees is
temporarily reduced by reason of absence of any employee due to illness or other legitimate
reason, or where the work load is temporarily increased.
Section 8. Uniforms, Protective Clothing and Devices.
If an employee is required to wear a uniform, protective clothing or use any type of protective
device, such articles shall be provided by the City. Replacements to the initial uniform issued
shall be provided through an annual uniform allowance of $225.00, set aside for the exclusive
use of each member of the Union for the purchase of required clothing ordered through the
Fire Chief or his designee. Lost protective clothing or devices, or damage to protective
clothing or devices due to negligence, shall be reimbursed to the City by the employee.
Failure of an employee to wear required uniforms, protective clothing, or use protective
devices as prescribed by the City shall be cause for disciplinary action as set forth in ARTICLE
XII. Loss or damage to personal items owned by the employee shall be the responsibility of
the employee.
Section 9. Position Classification.
The general classifications of labor which shall be recognized throughout this Agreement
shall be those set forth in Appendix A.
Section 10. Personnel Files.
Employees shall have the right to:
(a) Inspect their official personnel records kept in the office of the Personnel
Director on a quarterly basis.
(b) Acknowledge the placement of new materials in their files.
(c) Challenge or reply to materials which the employee believes to be obsolete or
otherwise inappropriate for evaluation, promotion, or retention.
Section 11. Trade Time.
The City shall allow time trades provided that:
(a) Such trades are applied for using Telestaff's electronic form;
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(b) Permission is granted by the affected shifts' supervisor prior to the time to be
traded. Such permission shall not be unreasonably denied;
(c) The City shall not be liable for payback of time traded or overtime worked as a
result of such trades;
(d) Trades shall not interfere with the operations of the Fire Department. This
section shall be interpreted to include protection of paramedic staff. Scheduled
trade paybacks shall not be satisfied through the use of V/L, C/L or other leave,
only hours worked
(e) Trades shall occur only between employees of the same job classification, or
between equally qualified employees according to the Fire Engineers' and
Captains' promotional eligibility list.
ARTICLE XVII - HEALTH AND WELFARE AND RETIREMENT
Section 1. Health and Welfare. The Employee Health Benefits Advisory Committee
including one (1) representative of the Ashland Firefighters Association shall meet at least
eight (8) times per year for the purpose of reviewing program performance and advising the
City Council on desired changes in health insurance benefits.
Health benefits and other insurance will be provided to the IAFF represented employees
under the same conditions and restrictions as provided to all other City employees.
Adjustments to the health benefits plan may be made by the City in cooperation with the
Employee Health Benefits Advisory Committee (EHBAC) as set forth in Appendix D. The
duties and responsibilities of the EHBAC are set forth in the administrative policy attached
as Appendix D. The City will not make changes to this administrative policy during the term
of this agreement.
Section 1.1 Committee and Process.
EHBAC recommendations for adjustments to the health benefits plan shall be
forwarded to the City Council. Should the Council reject the recommended
adjustments, the EHBAC shall review the Council action and, if it chooses,
recommend modifications to its earlier proposal. The revised EHBAC
recommendation shall be forwarded to the Council for action and decision. Council
may choose to consult further with EHBAC before final adoption of plan adjustments.
Adjustments to the health benefits plan shall be proposed in such a way as to make
final Council action possible by June 30th of any fiscal year. Such recommendations
shall be presented to the Council by a voting member of the EHBAC.
Section 2. Retirement.
The City agrees to maintain its existing Retirement Plan, subject to the terms and provisions
thereof, as it applies to regular employees in the bargaining unit. Upon retirement, one-half
of accumulated sick leave will be applied to retirement as set forth in ORS 238.350. The City
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will also assume or pay the employee's contributions required by ORS for all employees
included under this Agreement at a uniform rate of six (6) percent.
Section 3. Deferred Compensation.
The City agrees to contribute $15.00 per month in matching funds per member enrolled in a
City deferred compensation program (currently ICMA or AETNA). This program is at the
option of the member and contingent upon a minimum $15.00 per month contribution paid by
the member. In addition, as an incentive to amend language regarding the provision of health
insurance benefits to make clear the City has agreed to provide a health insurance package
and not specific individual benefits, the City agrees to contribute $25.00 per month to an
eligible deferred compensation program for each member of the bargaining group.
ARTICLE XVIII - WORKERS' COMPENSATION
Section 1. Workers' Compensation.
All employees will be insured under the provisions of the Oregon State Workers'
Compensation Act for injuries received while at work for the City.
Section 2. Supplementary Payment.
Compensation paid by the City for a period of sick leave also covered by worker's
compensation shall be equal to the difference between the workers' compensation pay for
lost time and the employee's regular pay rate, as described in ARTICLE VIII, Section 4.
ARTICLE XIX - LIABILITY INSURANCE
The City shall purchase liability insurance as set forth in ORS 30.270 and containing such
terms and conditions as are necessary for the protection of all employees covered by this
Agreement against claims against them incurred in or arising out of the performance of their
official duties. The premiums for such insurance shall be paid by the City.
ARTICLE XX - SAVINGS CLAUSE AND FUNDING
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Section 1. Savings Clause.
Should any article, section, or portion thereof, of this Agreement be subsequently declared
by the proper legislative or judicial authority to be unlawful or unenforceable, or not in
accordance with applicable statutes or ordinances, all other provisions of this Agreement shall
remain in full force and effect for the duration of this Agreement.
Section 2. Funding.
The parties recognize that revenue needed to fund the wages and benefits provided by the
Agreement must be approved annually by established budget procedures and in certain
circumstances by vote of the citizens of the City. The City shall not reduce the wages and
benefits specified in this Agreement because of budgetary limitations, but cannot and does
not guarantee any level of employment in the bargaining unit covered by this Agreement. The
City agrees to include in its annual budget request amounts sufficient to fund the wages and
benefits provided by this Agreement, but makes no guarantee as to passage of such budget
requests or voter approval thereof.
ARTICLE XXI - TERMINATION AND REOPENING
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This Agreement shall be effective as of the 1 st day of July, 2015 or upon execution, whichever
is later, and shall remain in full force and effect until the 30th day of June, 2018, and shall
terminate all prior agreements and practices, and concludes all collective bargaining during
the term of this Agreement. This Agreement nullifies and supersedes all previous documents
including Letters of Understanding between the parties unless such documents are
specifically reinstated for the duration of this Agreement.
It shall be automatically renewed from year to year thereafter unless either party shall notify
the other in writing not sooner than one hundred eighty (180) days nor less than ninety (90)
days prior to the expiration or subsequent anniversary date that it wishes to modify this
Agreement for any reason. Such notification shall include the substance of the modification
and the language with which such desired modifications are to be expressed. In the event
notice to modify is given, those provisions not reopened shall automatically renew. In the
event that such notice is given, negotiations shall begin not later than thirty (30) days after
said notice, unless otherwise mutually agreed. This Agreement shall remain in full force and
effect during the period of negotiation.
ASHLAND FIREFIGHTERS
ASSOCIATION INTERNATIONAL
ASSOCIATION OF FIREFIGHTERS, CITY OF ASHLAN~, OREGON
LOCAL #1269
y:
City Admi 'strator
4ayor
Date: ~ Date:
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APPENDIX "A"
CLASSIFICATIONS WITHIN THE BARGAINING UNIT
Firefighter
Fire Engineer
Fire Captain
Battalion Chief
APPENDIX "B"
SALARY SCHEDULE
2015 - The City agrees to increase wages July 1, 2015 by 2% retroactively.
2016 - The City agrees to increase wages January 1, 2016 by 2%, and July 1, 2016 by 2%.
2017 - The City agrees to increase wages July 1, 2017 by 2%. The City also agrees to
implement an Educational Incentive Program detailed in Article XI Section 10.
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APPENDIX "C"
HEALTH AND WELFARE BENEFITS
Section 1. Health and Welfare. The City agrees to pay ninety-five percent (95%) of the
premium for employee and/or family coverage through the term of this agreement for the
following health and welfare plans. The employee agrees to pay five percent (5%) of the
premium, to be deducted from the employee's check through regular payroll deductions.
The parties recognize this agreement is to provide the insurance plans. Plan benefits are
subject to annual adjustments. Nothing in this agreement shall be deemed a limitation on
the annual plan benefit adjustments.
Retired employees shall be allowed to participate in the existing insurance plan at their own
expense to the extent required by state of federal law. The City shall also make available to
employees an optional choice to participate in a Flexible Spending Account Program (pre-
tax health premium and health and dependent care expense reimbursement).
(1) Health Insurance - employee and family coverage. (Self-insured plan)
(2) Dental Insurance - employee and family coverage. (Self-insured plan or
Willamette Dental Option).
(3) Vision Insurance - employee and family coverage. (Self-insured plan)
(4) Mercy Flights' Insurance - Family coverage.
(5) City paid reimbursement for programs contained in the City's Wellness Program.
(6) Other benefit levels and maximum premium payments by the City shall be as
follows:
State mandated Life Insurance $10,000 in life coverage (duty connected only)
Standard Life Insurance $1,000 in coverage
Standard Dependent Life Insurance $1,000/ dependent
Salary Continuation Plan (LTD) 66.67%, Up to $2,000/month
(7) Physical Fitness Reimbursement: 50% of membership cost up to a maximum of
$120 per year.
(8) Athletic Shoe Reimbursement: The City will continue to reimburse employees for
the cost of athletic shoes for work, up to a maximum of $100. All requests will be
submitted to payroll and will be processed as a taxable benefit.
(9) The City will contribute an amount equivalent to 2% of earnings into an HRA-VEBA
account for the employee and his/her dependants to use for eligible healthcare
expenses.
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APPENDIX "D"
DUTIES AND RESPONSIBILITIES OF THE EMPLOYEE HEALTH BENEFITS
ADVISORY COMMITTEE (EHBAC)
In the interest of providing a quality health insurance benefit program on a consistent basis
to all regular City employees, the City Council will appoint an Employee Health Benefits
Advisory Committee (EHBAC). The primary responsibility of the EHBAC will be to meet
with Personnel staff, the agent of record, and insurance representatives, in order to
review/evaluate all possible options with regard to employee benefits. The EHBAC will
make recommendations to the City Council regarding insurance benefits.
Specific responsibilities of the EHBAC include:
• Review monthly loss run and claims reports to identify trends and issues that could
pose a threat to the fiscal integrity of the health insurance plan;
• Monitor the performance of the third party administrator and other benefit
administrators;
• Review and recommend deletions or additions to the health benefits plan, as well as
changes in deductibles, co-pays, out-of-pocket maximums and other direct
employee costs;
• Annually recommend to the City Council a plan document that establishes benefit
levels within budgetary constraints;
• Provide a forum for employees to raise concerns about specific elements of the
health benefits plan;
• Serve as a conduit for information and questions from employees to the committee
and the plan administrator.
Members of the EHBAC shall at all times protect confidential information from disclosure
and shall honor requests for confidentiality from individual employees who have concerns or
who want to offer suggestions and input to the committee anonymously. EHBAC members
are not expected to resolve problems and concerns with individual claims or to contact the
third party administrator or other benefits administrators. Such contacts should be made
only by the Human Resources Office or the plan administrator.
EHBAC MEMBERSHIP The EHBAC will be comprised of the following voting membership:
• One representative from IBEW Local 659 (Clerical/Technical)
• One representative from IBEW Local 659 (Electrical Workers)
• One representative from the Ashland Firefighter's Association
• One representative from the Ashland Police Association
• One representative from Laborers Union Local 121
• One representative from the Parks and Recreation Department
• Four management and/or non-represented employees
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The City Administrator or designee will be a non-voting member of the committee.
Additional non-voting members may be appointed at the discretion of the committee.
Committee membership may be modified from time to time in order to ensure an equal
balance of represented and non-represented employees. A Chair and Vice Chair will be
selected annually by the committee, with one position to be filled by a manager and the
other will be a non management representative.
The Human Resources Office will provide staff support to the committee.
Minimum Meeting Requirements:
At a minimum, the EHBAC will strive to meet monthly and in no case less than eight (8)
times per year. Additional meetings may be scheduled at the discretion of the committee.
Subcommittees may also be established at the discretion of the committee.
The EHBAC may request the removal or replacement of a voting member who is not able to
attend two (2) or more consecutive EHBAC meetings, or four (4) or more meetings in any
twelve-month period. No vote shall be taken on any recommendation to the City Council in
an EHBAC meeting without a quorum present. A quorum is defined as a majority of the
voting members, not including vacant positions.
The meetings will be open to all interested employees. Minutes of each meeting will be kept
and in turn distributed to each committee member, the City Council and Department Heads,
and will be posted on department bulletin boards. All employees with an e-mail address will
receive notice of planned meetings and an electronic copy of the minutes of each meeting.
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APPENDIX "E"
EDUCATIONAL INCENTIVE PROGRAM
Education: Compensation:
Bachelor's Degree 2%
Master's Degree 3%
OR
DPSST Tier 1 2%
DPSST Tier 2 3%
Members may only earn one incentive in their permanently assigned rank and may not earn
incentives for ranks above or below their current permanently assigned rank. If the member is
assigned as FPOC they will continue to earn the incentives they've achieved for their current
permanently assigned rank, not the FPOC position.
RANK DPSST CERTIFICATIONS TO QUALIFY FOR INCENTIVE
Tier 1 DPSST NFPA Firefighter I
DPPST Technical Rescuer
DPSST Company Level Inspector
Firefighter Tier 2
DPSST Wildland Firefighter Type 2
DPPST Wildland Firefighter Type 1
DPSST NFPA Apparatus Equipped with Fire Pump
Tier 1 DPSST NFPA Firefighter II
DPSST NFPA Fire Instructor I
Engineer DPSST NFPA Rope Rescue
Tier 2 DPSST Interface[Wildland Engine Boss
RVFCA IMT Strike Team/Task Force Leader
Tier 1 DPSST NFPA Confined Space Rescue
Captain
DPSST NFPA Fire Officer I
Tier 2 DPSST Trench Rescue
DPSST NFPA Fire Officer II
Tier 1 DPSST NFPA Fire Instructor II
Battalion Chief
Fire Officer III
Tier 2 RVFCA IMT Division/Group Supervisor
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