HomeMy WebLinkAbout2001-193 Agrmt - Firefighters Local #1269
AGREEMENT BETWEEN
THE CITY OF ASHLAND, OREGON
and
ASHLAND FIREFIGHTERS ASSOCIArrION
LOCAL #1269
Ir~TERNATIONAL ASSOCIATION OF FIREFIGHTERS
July 2000
TABLE OF CONTENTS
Page
PREAMBLE. ... ... ... ..... ... ....... ....... ....... ...... ........... ...... .... ..... ... ............. ... ... ...... ... ... ... ... .... ............... 1
SCOPE OF A'GREEMENT ........... ... ..................... .......................... ........... ..... .............................. 1
ARTICLE I - RECOGNITION AND NON-DISCRIMINATION................................................ 1
Sectiol1 1. Recognition....................................................................................................... 1
Sectiol1 2. No Discrimination... ......... ... ..... ...... ... ..... ................ ....... ... ... ................... ..... ...... 1
ARTICLE II - UNION SECURITY AND CHECK-OFF .............................................................2
SectioJ1 1. Union Security.................................................................................................. 2
SectiOl[l 2. Check Off. ............. .... ........................... ..... ........................................ ....... ......... 2
Sectio1[l 3. Indemnification. ....... ............ ........ ... ..... ........ .... ........... ... ................... ....... ......... 2
ARTICLE III - MANAGEMENT RIGHTS ..................................................................................3
ARTICLE IV - STRIKE PROHIBITION......................................................................................3
Sectio:n 1............................................................................................................................. 3
Sectio:n 2......................................................................................"...................................... 4
Section 3......................................................................................"...................................... 4
ARTICLE V .- HOLIDAYS ...................................................................."......................................4
Section 1. Recognized Holidays ................................................."......................................4
Section 2. Holiday Compensation...............................................,...................................... 4
ARTICLE VI - VACATIONS .......................................................................................................5
Section 1. Eligibility. .... .......... ...... ......... ...... ...... ......... .... ....... ..... ....................................... 5
Section 1.1.............."........................................................................................................... 5
Section 1.2.......................................................................................................................... 5
Section 1.3.......................................................................................................................... 5
Section 1.4.......................................................................................................................... 5
Section 1.5.......................................................................................................................... 5
Sectio,n 1.6.......................................................................................................................... 5
Section 2. Continuous Service ........... .......... ........... ...................... ..................................... 5
Section 3. Accrual Limitations.......................................................... ................................ 5
Sectic'n 4. Scheduling......................................................................................................... 6
Section 5. Payment on Termination................................................................................... 6
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ARTICLE VIl- HOURS OF WORK............................................................................................ 6
SectioIl 1. Workweek ..................................... .............................." ... .................................. 6
SectioIl 2. Work Schedules ..........................................................".....................................6
Sectiol1 3. Shift Transfers. ...... ....................... ......... ... ........ .......... ..... ......................... ..... .... 7
ARTICLE VIII - SICK LEAVE .................................................................................................... 7
Sectiol1 1. Accumulation.................................................................................................... 7
Section 2. Utilization for Illness or Injury ......................................................................... 7
Section 3. Emergency Family Leave .... ...... .................................... ..... .......... ... ................. 7
Section 4. Integration With Worker's Compensation........................................................ 7
Section 5. Sick Leave Without Pay.................................................................................... 8
Sectio:t1 6. Termination........................................................... ............................................ 8
ARTICLE IX - FUNERAL LEAVE.............................................................................................. 8
Sectio:n 1. Funeral Leave. ................ .............. ........ ......................... ..................... ............... 8
ARTICLE X .- OTHER LEAVES OF ABSENCE ........................................................................ 8
Section 1. Leaves of Absence Without Pay. ................................,...................................... 8
Section 2. Jury Duty...................................................................."...................................... 8
Section 3. Appearances..............................................................."...................................... 8
Section 4. Required Court Appearances ............................................................................ 9
Section 5. Election Day...................................................................................................... 9
Section 6. Union Business ................................................................................................. 9
Section 7. Educational Leave................... .................................. ......... ............................... 9
Sectio,n 8. Military Leave................................................................................................... 9
Section 9. Failure to Return from Leave.......................................................................... 10
ARTICLE XI - COMPENSATION ............................................................................................. 10
Secticln 1. Pay Schedule................................................................................................... 10
Secticln 2. Pay Periods...................................................................................................... 10
Secticln 3. Overtime............................................................................................ ............. 10
Section 4. EMT Certification. ............................................................................ .............. 11
Section 5. "Working Out of Classification." ...................................................................12
Section 6. Educational Expense Reimbursement............................................................. 12
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Sectiol1 7. Mileage .... ..... ....... ..... ....... .... .... ........ ............... ... ... ............................ .............. 12
Sectiol1 8. Haz Mat Team. ......... ..... ..... ..................... ........................................................ 13
Section 9. Field Training Paramedic Program. ................................................................ 13
ARTICLE XII - DISCIPLINE AND DISCHARGE ................................................................... 13
SectioJ1 1........................................................................................................................... 13
SectiOll1 2........................................................................................................................... 13
Sectio1[l 3........................................................................................................................... 13
Sectio1[l 4........................................................................................................................... 14
Sectio:t1 5........................................................................................................................... 14
Sectio:n 6........................................................................................................................... 14
Sectio'n 7........................................................................................................................... 14
ARTICLE XIII - SETTLEMENT OF DISPUTES ..................................,.................................... 14
Section 1. Grievance and Arbitration Procedure .........................,.................................... 14
STEP I (Informal) ..................... ........... .... ........... ... ................... ..".................................... 14
STEP II........................................................................................".................................... 14
STEP III......................................................................................".................................... 14
STEP IV ......................................................................................".................................... 15
STEP V ....................................................................................... '..................................... 15
Section 2. Stewards .............. ....................... ................................ ..................................... 15
ARTICLE XIV - SENIORITY .................................................................................................... 16
Section 1. Seniority.......................................................................................................... 16
Section 2. Suspension of Seniority.......................................................................... ........ 16
Section 3. Termination of Seniority................................................................................. 16
Section 4. Probationary Period........................................................................................ 16
Sectio,n 5. Layoff and Recall............................................. ............................................... 16
ARTICLE X"V - PROMOTIONS................................................................................................. 17
Sectio'n 1. Testing............................................................................................................. 17
Sectic'n 2. Eligibility......................................................................... ............................... 17
Secticln 3. Procedure........................................................................................................ 17
Section 4. Credit for Seniority............. ......................... ......................................... .......... 1 7
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SectiOl[l 5. Promotional List........... ....... ...... ..... ..... ...... ... .............................. .......... ........... 17
Sectio1[l 6. Appointment ... ..... ... ... .................. ........ ........................... ....................... ......... 17
Section 7. Promotional Probationary Period.................................................................... 18
ARTICLE X,TI - GENERAL PROVISIONS .............................................................................. 18
Sectio:n 1. Bulletin Boards ..... .......... ..... .............. ......................... ........................ ............ 18
Section 2. Visits by Union Representatives..................................................................... 18
Section 3. Solicitation.................................................................".................................... 18
Section 4. Existing Conditions......................................... ...........".................................... 18
Section 5. Rules .. ......................................... ................. ..............".................................... 18
Section 6. Other Employment....... ............... ... ............................"......................... ........... 19
Section 7. Supervisory Employees................................. .............................. .................... 19
Section 8. Uniforms, Protective Clothing and Devices ................................................... 19
Section 9. Position Classification......................................... ........................................... 19
Section 10. Personnel Files .............................................................................................. 19
Section 11. Trade Time....................................................................................... ............. 20
ARTICLE X\lII - HEALTH AND WELFARE AND RETIREMENT ...................................... 20
Section 1. Health and Welfare......................................................................................... 20
Section 2. Health and Welfare Committee. ..................................................................... 20
Sectioln 3. Retirement....................................................................................................... 21
Sectio'll 4. Deferred Compensation ..................................................................................21
ARTICLE X"vIII - WORKER'S COMPENSATION ................................................................. 21
Section 1. Worker's Compensation................................. ................................... ............. 21
Section 2. Supplementary Payment ................................ ................................................. 21
ARTICLE X][X - LIABILITY INSURANCE.............................................................................. 21
ARTICLE XX: - SAVINGS CLAUSE AND FUNDING ............................................................ 21
Secticln 1. Savings Clause................................................................................................ 21
Secticlll 2. Funding........................................................................................................... 21
ARTICLE X:XI - TERMINATION AND REOPENING ............................................................ 22
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APPEND IX "'A" .....................................................................................".................................... 23
APPENDIX 'j'B"......................................................................................".................................... 24
APPENDIX "'C"......................................................................................".................................... 28
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THE CITY OF ASHLAND. OREGON
AND
ASHLAND FIREFIGHTERS ASSOCIATION
LOCAL #1269
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS
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 Unioll. Unless indicated
otherwise, reference to the "City" herein shall include the Mayor and City Councilor 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, A.shland, Oregon, as listed in "Appendix A" but excluding Volunteer Firefighters,
part-time 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
hereof.
"Part-time employee" shall mean persons working a fraction of the llormal
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.
The parties agree as follows:
ARTICLE I - RECOGNITION AND NON-DISCRIMINATION
Section 1. Recognition. The City recognizes the Union as the sole and exclusive
bargaining agent for the purposes of establishing rates of pay, hours of work and other conditions
of employment for all employees within the bargaining unit described immediately above.
Section 2. No Discrilnination. The provisions of this Agreemellt shall be applied
equally to all employees in the bargaining unit without discrimination as to race, religion, creed,
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color, sex, age or national origin, sexual orientation, marital status or mental or physical
disability unless based upon a bona fide occupational qualification. The Union shall share
equally with the City the responsibility for applying the provisions of this Section. All reference
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. 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 herein. Nothing
in this Agreert1ent 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 CHECK-OFF
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 regular employee of the bargaining unit who has not
joined the union within thirty (30) days of this Agreement or within thirty (30) days of becoming
a regular 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 3l 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 elnployee will meet with
representatives of the Union and establish a satisfactory arrangement ~)r distribution of a
contribution of an amount of money equivalent to regular Union membership dues to a
non-religious 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
request. Upon written notification by the Union of a check-off error, the City will make
adjustments \vithin 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.
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ARTICLE III - MANAGEMENT RIGHTS
Union recognizes the prerogative of the City to operate and manage its affairs in
all respects in accordance with its responsibilities, and 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 and that all management rights repose in it,
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.
boards.
To determine the mission of its constituent departments, commissions and
2.
To set standards of services.
3.
To direct its employees.
4.
To discipline or discharge for just cause.
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 ,my employee or employees engaged in a violation of this Article. Such disciplinary
action may bt~ undertaken selectively at the option of the City and shall not preclude or restrict
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recourse to any other remedies, including an action for damages which may be available to the
City.
Section 2. 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,~hoice 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 Illatter 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 followillg shall be: recognized as Holidays:
'New Years Day (January 1)
Lincoln's birthday (1st Mon. ill Feb.)
Martin Luther King Jr. Birthday (3rd Mon. in Jan.)
Washington's Birthday (3rd MOll. in Feb.)
Memorial Day (last Mon. In May)
Independence Day (July 4)
Labor Day (1st 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 MOllday shall be
observed as the Holiday. Whenever a Holiday shall fall on Saturday, the precedillg 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 listed above
at their regular straight time rate of pay. The additiollal compensation shall be paid on the first
paycheck of the month of December. 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 contilluouS service with the City.Vacatioll time offwith
pay shall be aGcrued on a monthly basis in accordance with the following schedule.
Section 1.1. Employees with less than four (4) full years of continuous service
shall accrue eleven (11) hours of vacation credit for each full calendar Inonth worked (seven and
one third (7.3) hours per month for forty hour personnel).
Section 1.2. Employees with more than four (4) but less than nine full years of
continuous service, shall accrue fourteell (14) hours of vacation credit for each full calendar
month worked (9 and one third (9.3) hours per month for forty hour personnel).
Section 1.3. Employees with more than nine (9) but less than fourteen full years
of continuous service, shall accrue fourteen (16) hours of vacation credit for each full calendar
month worked (ten and one half (10.5) hours per month for forty hour personnel).
Section 1.4. Employees with more than fourteen (14) but less than nineteen (19)
full years of continuous service, shall accrue eighteen (18) hours of vacation credit for each full
calendar month worked (twelve (12) hours per month for forty hour personnel).
Section 1.5. Employees with more than nineteen (19) but less than twenty-four
(24) full years of continuous service, shall accrue twenty (20) hours of vacation credit for each
full calendar lnonth worked (thirteen and one-third (13.3) hours per month for forty-hour
personnel).
Section 1.6. Employees with more than twenty-four (24) full years of continuous
service shall accrue twenty-two (22) hours of vacation credit for each full calendar month
worked (fourteen and two-thirds (14.67) hours per mOllth for forty-hour personnel).
Section 2. Continuous Service. COlltinuous service, for the purpose of
accumulating vacation leave credit, shall be based on the regular hours paid to the employee.
Vacation leave shall not accrue during a leave of absence without pay. Authorized leave without
pay and layoffs shall not be counted as service, however, employees returning from such leave or
lay-off status shall be entitled to credit for service prior to the leave or layoff.
Section 3. Accrual Limitations. Accumulation of vacation time off with pay is
limited to tw(mty-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. If an employee does not take his or her accrued vacation leave
after proper notification by the City, such vacation credit shall be deenled forfeited, unless the
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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. Employees shall be permitted to request vacation on either
a split or an entire basis. Vacation times shall be scheduled by the City based on the head of the
department's judgment as to the needs of efficient operatiolls and the availability of vacation
relief. Subject to the foregoing, employees shall have the right to determine vacatioll times.
Vacation shal1 be selected on the basis of seniority; provided, however, such employee will be
permitted to exercise his right to seniority only once annually. The vacation schedule shall be
posted annual]ly as of December 1 st and employees shall exercise their choice by bidding in
seniority. The:re may be up to a total of two employees on vacation or compensatory time off, at
any given time. The list shall be closed as of January 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 ill units of
not less than two (2) succeeding work shifts, except that one shift (24 hours) of vacation may be
scheduled at any time with at least 48 hours notice, subject to the operational needs of the
department.
Section 5. PaYmellt on Tennination. In the event of death or termination of an
employee during the illitial twelve (12) months of his employment, no payment in lieu of
vacation shall be made. In the event of death, retirement, or termination of employment after an
employee has served for twelve (12) continuous months, and is otherwise eligible for vacation
credits, the enlployee 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. Workweek. The workweek to the extent consistent with operating
requirements of the Fire Department, and recognizing the necessity for continuous service by
such department throughout the week, shall consist of an average of fifty-six (56) hours as
scheduled by the department head or other responsible authority, unless changed by appropriate
legislative action. Personnel on a forty (40) hour workweek shall be scheduled for forty (40)
hours within each seven day period beginning Monday at 8:00 A.M. and ending the ensuing
Monday at 8:00 A.M.
Section 2. Work Schedules. All shift employees, to the extent consistent with
operating requirements, shall be scheduled to work 011 a regular work shift, 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.
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Section 3. Shift Transfers. No regular employee shall suffer a loss of pay, due to a
lesser number of scheduled hours worked as a result of an involuntary transfer from one shift to
another shift.
ARTICLE VIII - SICK LEAVE
Sectioll I. Accumulation. Sick leave shall be earned for the purpose stated herein
by each eligible employee at the rate of twelve (12) hours for each full 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 hereof as a condition precedent to
any sick leave payment. Personnel on a forty (40) hour workweek 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. In such
event, the employee shall notify the department head or other supervisor of absence due to illness
or injury, the nature and expected length thereof, 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 statemellt 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 (2) work days for forty-hour personnel) prior to
payment of any sick leave benefits 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 (2) work days for forty
-hour persollilel) if the employee has been advised in advance of such requirement. In the event
of the latter requiremellt, 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 appointment, if
approved by the Fire Chief.
Section 3. Emergency Family Leave. An employee may, with the Fire Chiefs
approval, utilize their accrued sick leave in the event of all unforeseen medical emergency
requiring imrt1ediate hospitalization or use of emergency medical services for a spouse or
children living in the employee's household. The Fire Chief may grant: a reasonable time-off of
up to one shift of paid sick leave for the employee to attend to the ill or injured family member
and/or to make arrangements for an alternate caregiver. The paid time off must be taken within
48 hours of the accident or initial hospitalization.
Section 4. Illtegration With Worker's Compensation. \\Then 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 allY payment received under Worker's Compensation laws and the
employee's regular pay. In such instances, one third (113) charges will be made against accrued
sick leave.
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Section 5. Sick Leave Without Pay. Upon application by the employee, sick leave
without pay Inay be granted by the City for the remainillg period of disability after accrued sick
leave has been exhausted. The City may require that the employee submit a certification from a
physician periodically dUrillg 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 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, 14
calendar days before paid leave is exhausted, otherwise he shall be considered as having resigned
his position with the City.
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 terminatioll 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.
AR TICLE IX - FUNERAL LEAVE
Section 1. Funeral Leave. An employee shall be granted one working shift (two
(2) work days for forty-hour personnel) funeral leave with regular pay in the event of death in the
immediate farnily of the employee. The immediate family shall be defined as spouse, parents,
grandparents, children, brothers and sisters of the employee and the parents 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. An additional working shift
shall be granted if the funeral is over 500 miles from Ashland, one way. Leave with pay of up to
four (4) hours may be granted when an employee serves as a pallbearer.
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 establismnent of reasonable justification and where it
is determined that the operation of the department and/or division will not be negatively
impacted by the temporary absence of the employee. Requests for such leaves must be in
writing, and submitted to the Department Head 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, and upon being
excused from jury service for any day an employee shall immediately contact his supervisor for
assignn1ent 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
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employee shaH 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 overtil11e 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.
Section 6. Union Business. Employees elected to any legitimate full time paid
Union office ,~hich 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 convelltions 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 unioll and the City shall not suffer a loss of payor benefits as a result of attendance at such
meetings. Ho\vever, all efforts shall be made to schedule such meetings so as not to affect the
staffing or opl~ration of the department. Not more than three (3) members shall be allowed this
time off for anyone 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.
Sectioll 7. Educational Leave. After completing one (1) year of continuous
service, an enlployee, upon written request, may be granted a leave of absellce without pay by
the City for the purpose of upgradillg his or 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 department head. One-year leaves of absence,
with requested extensions, for educational purposes may not be provided more than once in any
three (3) year period. His replacement shall be considered a temporary employee. Employees
shall also be granted time off with pay for educational purposes, for reasonable lengths of time,
to attend cOllferences, seminars, briefillg 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 employee's department head..
Section 8. Militarv Leave. Military leave shall be granted in accordance with State
or Federallm~. The City shall recognize the military year October 1 to September 30 for all
employees.
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Section 9. Failure to Return from Leave. Any employee who is granted a leave of
absence and \vho fails to return to work at the expiration of said leave of absence, shall be
considered as having resiglled his positioll 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
furnished evidence that he is unable to work by reason of sickness, physical disability or other
legitimate reason beyond his control.
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. Upon promotion from the Firefighter
classification to the Engineer classification, the rate of pay shall be the entry level salary or the
next level salary if the entry level salary is less than the rate of pay earned in the lower
classification. If appointed to the second step, the employee shall remain in that step for 12
months befon~ advancing to the next step. Whell 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 1l0t
agree that the classification or pay rate is proper, the Union may submit the issue as a grievance
according to the grievance procedure.
Section 2. Pay Periods. Employees shall be paid twice for every twenty-seven
(27) day cycle.
(a) The first payday of the cycle will be a draw, and will reflect no
more than one-half of the pay for regular scheduled hours for the full twenty-seven (27)
day cycle. The first payday will be on the twentieth (20th) day of the cycle, unless such
day falls on a Saturday, Sunday or Holiday, in which case the payday will be the
preceding work day.
(b) The second payday of the cycle will reflect the total hours worked
in the twenty-seven day cycle, less the draw amount paid in ( a) above and all deductions,
plus additions for premium pay (overtime, call-back, etc.) The second payday will be on
the sixth (6th) day following the close of the twenty-seven day cycle, ullless such day
falls on a Saturday, Sunday or Holiday, ill which case payday will be 011 the preceding
work day.
(c) A schedule showing all scheduled paydays shall be posted on
department bulletin boards, each fiscal year.
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
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servict:: and the public interest. Employees shall be compensated at the rate of one and
one-half times the regular rate for overtime work outside of the hours of work set forth in
ARTICLE VII, but in no event shall such compensation be received twice for the same
hours. Forty (40) hour personnel shall be cOlnpensated at overtime rates for all hours
worked in excess of forty (40) hours within each workweek as defined in ARTICLE VII
Section 1.
(b) 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 call-back shall
be paid at the over-time rate of time and one-half the regular rate of pay until the
beginning of the employee's regular scheduled work shift.
(c) 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 olle-half (1-1/2) times his regular
rate of pay.
(d) Hold-over 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 his regular rate of pay.
(e) Compensation for authorized overtime and Holiday work shall be
paid in the form of pay at the applicable rate. All overtime shall be recorded by the
employee alld must be approved by the department head or designated supervisor.
(f) For purposes of the Federal Fair Labor Standards Act only,
auth011zed leave with pay shall be considered hours worked.
(g) 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 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 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
48 hours in advance of the time off. Such time off must be taken in increments of not less
than two 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
workt:d in excess of 53 and less than 57 in a work week. The maximum comp time that
may be accrued is 112 hours (80 hours for 40-hour 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 elld, the City and the Union agree as follows:
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Emergency Medical Technician-B (EMT -B) certification shall be the
mandatory minimum level of certification required for all positions in the bargainillg 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
recertifications and other mandatory certifications. Such expenses may include
transportation and travel costs, application and test fees, registration fees, etc. The City
will dt:cide how many employees will be involved at anyone time due to budgeting and
staffing requirements.
(c) Except as otherwise provided in this Agreement, certified
Emergency Medical Technicians (EMT), shall be compensated as follows:
EMT 'B'
EMT '1'
EMT 'P'
1.6% of top Firefighter pay
3.0% of top Firefighter pay
7.25% of top Firefighter pay
All the above amounts shall be illcorporated into the base wage schedule. If any
individuals achieve a higher level of certification, the City will pay the premium pay for the
higher level.
Section 5. "Working Out ofClassification."When an employee is required to
work in a higher job classification for at least one-half (1/2) shift or more, they shall receive the
pay rate for the higher classification for time worked in a higher classitication until they returns
to their previous job classification. If an employee takes vacatioll or sick leave while working in
a higher classification, and returns to the higher classification, they shall be paid their regular
position's salary rate for such vacation and sick leave. The Fire Chief may assign an employee to
acting-ill assignments. Subject to the foregoing, the rate of pay shall be the entry level salary
established for the higher positioll or the next level salary if the entry level salary is less thall the
rate of pay earned in the lower classification.
Section 6. Educatiollal Expense Reilnbursemellt. The City shall pay the cost of
books and tuition for successfully completed, job-related courses which have been approved ill
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.
Sectioll 7. Mileage. An employee required to report for special duty assignment at
any location other than their permanent reporting location and who is required to use their
personal automobile for transportation to such location shall be compensated at the rate
established by the City, for the use of such automobile directly in the line of duty.
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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 $500.00 per year
for maintaining their required membership status. Payment shall be made in December
for the next calendar year. Should the teammember not complete an entire year, then the
City shall be reimbursed 011 a monthly prorated basis.
(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
trailling 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 regiollal team.
Section 9. Field Training Paramedic Program" 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.
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 employet:: 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, illcompetence, insubordination, misfeasance,
malfeasance, the willful violation of department rules or for political activities forbidden by State
Law.
Section 2. Discipline for just cause may include the following:
1. Written reprimand
2. Demotion
3. Suspension
4. 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
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payor benefits. 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.
Section 4. In the event of an offellse 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 :lS cleared completely of the charges, the affected employee will be immediately
reinstated without loss of payor other benefits. If charges are upheld, the termination date will be
the date of suspension.
Section 5. In any case of suspensioll 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 110 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
Sectioll 1. Grievance and Arbitration Procedure. Any grievance or dispute which
may arise betw'een the parties concernillg the application, meaning or interpretation of this
Agreement shall be settled in the following manner, provided however, the time limits can be
extended by nllutual 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) busilless 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 sevell (7) business days after receipt thereof.
STEP III. If the grievance still remains unadjusted, it may be presented by the
Union to the City Administrator or his designee(s), within sevell (7) business days after the
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response specified in STEP II is due. The City Administrator or his designee(s) shall respolld 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 hereof.
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 shall
be requested to submit a list of five names. Both the City and the Union shall have the right to
strike two nan1es 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 pre-hearing conference and shall
prepare a SUbl11ission agreement regarding the specific issues 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 issues 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 Ullion;
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, 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 knowll as "stewards" and shall not exceed three (3) in number. The
names of the employees selected as stewards and the names of local Union represelltatives, state
councilor 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 ,,,ith supervisory personnel and aggrieved employees arising out of a grievallce
already initia1ted by an employee under Section 1 hereof, shall not interfere with their or other
employees' regular work assignn1ents 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 designee, which shall not
be unreasonably denied, and 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.
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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 employee may
exercise his seniority in a lower job classification within the department, provided he is qualified
to perform the work. Recall from layoff shall be in the reverse order of seniority. Seniority shall
continue to accrue during (1) authorized sick leave or disability leave up to ninety (90) calendar
days; (2) vacation leave; (3) educational leave approved by the City; (4) military leave as
specified in ARTICLE X Section 8; (5) funeral leave; (6) jury duty; and (7) promotion to a
supervisory position outside of the bargaining unit for six (6) months.
Section 2. Suspension of Seniority. Seniority shall be retained, but shall not
continue to accrue during (1) authorized sick leave or disability leave in excess of ninety (90)
days; (2) educ.ationalleave requested by the employee; (3) military leave for disciplinary
reasons; (4) election to a full time paid Union office up to one (1) year, renewable upon
application; and (5) other authorized leaves of absence of up to one (1) year.
Section 3. Ternlination of Seniority. Seniority and the employment relationship
shall be broken or terminated if an employee (l) quits; (2) is discharged for just cause; (3) is
absent from \vork 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 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 ~;vithout permission; or (8) if he is retired.
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, trailling, 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 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 XHI.
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 to work
following a layoff, at City expense.
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ARTICLE XV - PROMOTIONS
Section 1. Testing. 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 21 calendar days prior to the beginning of the testing procedure. 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 ill the Fire
Department of the City of Ashland. Promotional vacancies for classifications listed in "Appendix
A" may be filled from outside the Ashland Fire Department only ill the event of the following:
(1) 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; or (2) 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 (3) Ifit is
found for Captain that, after testing in accordance with the terms of this article, there are not at
least three (3Ji employees within 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) 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 classificatioll sought by applicants.
When oral examinations are given, the oral board will be made up of Fire Department members
from outside the Ashland Fire Department.
Section 4. Credit for Seniority. In the event two or more applicants are equally
qualified by virtue of identical test scores, seniority shall govern placemellt 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 stallding 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.
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Section 7. Pronlotional 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 011 promotional
probationary status shall not be subject to the grievance procedure under ARTICLE XIII. Such
demotion shan not be considered a disciplinary action. The reasons for demotion shall be
supplied in writing to the demoted employee withill 48 hours after the demotion.
ARTICLE XVI - GENERAL PROVISIONS
Section 1. Bulletin Boards. 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 ofUnioll notices and bulletins to such bulletin board, which shall be
used only for the following Ullion 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
Unioll meetings, provided they first secure permission from the Captain.
Section 2. Visits bv 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 iln the Union or otherwise carry on Union activities during working hours, except as
specifically provided in this Agreement.
Section 4. Existing COllditions. It is understood and agreed that there exists within
the Fire Department certain established working conditions which constitute employment
relations und'~r 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
Unioll shall be notified as soon as practicable of a change or proposed challge.
Section 5. Rules. It is jointly recognized that the City must retain broad authority
to fulfill and implement their responsibilities and nlay do so by written work rules, existing or
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future. It is agreed, however, that no work rule will be promulgated or implemented which is
inconsistent ~rith a specific provision of this Agreemellt.
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.
(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
twellty-four (24) hours a day.
Section 7. Supervisory Enlployees. It is understood that supervisory employees
not covered under this Agreement shall not perform work within the jurisdictioll 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 all employee is required
to wear a uniform, protective clothing or use any type of protective device, such article shall be
provided by the City. Replacements to the initial uniform issue 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 clothillg ordered through the Fire Chief or his designee. Lost
protective clothing or devices, or damage to protective clothing or devices, or damage to
protective clothillg or devices due to negligence, shall be reimbursed to the City by the
employee. Failure of all employee to wear such required uniform, protective clothing, or use
such protective device as prescribed by the City shall be cause for disciplinary action as set forth
in ARTICLE XII hereof. 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 ill 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 011 a quarterly basis.
(b) Acknowledge the placement of new materials in their files.
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(c) Challenge or reply to materials which the employee believes to be
obsolete or otherwise inappropriate for evaluation, promotion, or retention.
Section 11. Trade Tilne. The City shall allow time trades provided that:
(a) Such trades are applied for 011 a form provided by the City; and
(b) permission is requested from the affected shifts' Captain at least 48
hours in advance of the time to be traded. Such permission shall not be unreasonably
denied; and
(c) the City shall not be liable for payback of time traded, or overtime
worked as a result of such trades; and
(d) trades shall be allowed in increments of not less than two hours;
and
(e)
per enlployee; and
trades shall be limited to 144 hours outstanding at anyone time,
~
(f) trades shall not interfere with the operations of the Fire
Department. This section shall be interpreted to include protection of paramedic staff;
and
(g) trades shall occur only between employees of the same job
classification, or between equally qualified employees according to the Fire Engineers'
promotional eligibility list; and
(h) shift trades may be restricted to insure that the minimum engineer
and firefighter staff level and at least two EMT-P's are on duty at all times.
ARTICLE XVII - HEALTH AND WELFARE AND RETIREMENT
Section 1. Health and Welfare. The City agrees to maintain and pay the full
premium for the duration of this agreement for the health and welfare benefit plans shown ill
"Appendix C", or their equivalent. Retired employees shall be allowed to participate in the
existing insurance plan at their own expense to the extellt required by State or Federal law.
Section 2. Health and Welfare Conlmittee. The Unioll and the City jointly
recognize the: escalating cost of Health and Welfare insurance and services. III all effort to
control cost and provide the maximum benefits possible, the City will establish an employee-
based benefits committee with one member appointed by the bargaining unit. The committee
will meet at the option of either the City or the Union, will review insurance options and make
recommendations related to cOlltrolling costs.
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Section 3. Retirenlent. 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 237.153. The City 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 4. Deferred ConlPensatiol1. The City agrees to contribute $15.00 per
month in matching funds per member enrolled in a City deferred compensation program
(currently ICl\,fA or AETNA). This program is at the option of the member and contingent UpOll
a minimum $1l5.00 per month contribution paid by the member.
ARTICLE XVIII - WORKER'S COMPENSATION
Section 1. Worker's Compensation. All employees will be insured under the
provisions of the Oregon State Worker's 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
worker's compensation pay for lost time and the employee's regular pay rate.
ARTICLE XIX - LIABILITY INSURANCE
The City shall purchase liability illsurance 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
Section 1. Savings Clause. Should allY 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 Agreelment 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 wa.ges and benefits specified in this Agreement because of budgetary limitations, but
cannot and does not guarantee any level of employment in the bargainillg 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.
- 21 -
139400-0007 1042001lPDXDOCS: 1225783.1
ARTICLE XXI - TERMINATION AND REOPENING
This Agreement shall be effective as of the 1st day of July, 2000 or upon
execution, whichever is later, and shall remain in full force and effect until the 30th day of June,
2003, and shall terminate all prior agreements alld practices, and concludes all collective
bargaining dUJing 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 180 days nor less than 90 days prior to the
expiration or subsequent anniversary date that it wishes to modify this Agreement for any reaSOll.
Such notification shall include the substance of the modification and the language with which
such desired nl1odifications are to be expressed. In the event notice to modify is givell, those
provisions not reopened shall automatically renew. In the event that such notice is given,
negotiations shall begin not later than 30 days after said notice, unless otherwise mutually
agreed. This A.greement shall remain in full force and effect during the period of negotiation.
Ashland Firefighters Association
InternationaJl Association of Firefighters
Local #1269 City of Ashland, Oregon
~~ f1~~
Date: ///20 -o~
B:
shh~d, Oregon
~~ <!r;)'-d(
Greg Scoles, City Administrator
- 22-
139400-0007/042001/PDXDOCS:1225783.1
APPENDIX "A"
CLASSIFICATIONS WITHIN THE BARGAINING UNIT
Firefighter
Fire Engineer
Fire Captain
- 23 -
139400-0007 1042001/PDXDOCS: 1225783.1
APPENDIX "B"
SALARY SCJIEDULE
- 24-
139400-0007 1042001/PDXDOCS: 1225783.1
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APPENDIX "C"
HEALTH AND WELFARE BENEFITS
The City agrees to maintain existing or equal or better insurance and benefit plans
at present employee/family coverage levels including full premium payments as follows:
(1) Blue Cross!Blue Shield of Oregon V -A Health Insurance - employee and
family coverage.
(2) Blue Cross!Blue Shield of Oregon Dental Insurance Plan III - Employee
and family coverage.
(3) Blue Cross/Blue Shield of Oregon - UCR- Vision Plan- employee and
family coverage.
(4) $22 per month paid to the employee toward annual insurance deductible
costs.
(5) Mercy Flights' Insurance - Family coverage.
(6) City paid reimbursement for routine physical exams for
employee/dependents, if such coverage is not provided by (1) above:
Age 2-18 ---- once every 3 years up to $50
Age 19-34 ---- once every 5 years up to $140
Age 35-59 ---- once every 2 years up to $140
Age 60+ ---- once every year up to $140
(6) City paid reimbursement for routine well-baby care, if such coverage is
not provided in (1) above, to include first in-hospital exams; six doctor's office exams the first
year; three exams the secolld year up to $100 each exam (illcludes exam, inoculations and x-ray
expenses)"
(7) Other benefit levels and maximum premium payments by the City shall be
as follows:
State mandated Life Insurance
League of Oregon Cities Life Insurance
League Dependent's Life Insurance
Salary Continuation Plan
$1.35/mo.
$0.67/mo.
$0.71/mo.
$0.59/$100 mo. salary
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139400-0007 1042001lPDXDOCS: 1225783.1