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1984-042 Fire Fighters #2279
THE CITY OF ASHLAND, OREGON AND ASHLAND FIRE FIGHTERS ASSOCIATION LOCAL #2279 INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS PREAMBLE This agreement is entered into by the City of Ashland, Oregon, hereinafter referred to as the "City" , and the Ashland Fire Fighters Association Local #2279 , International Association of Fire Fighters, hereinafter collectively referred to as the "Union" . Unless indicated otherwise, reference to the "City" herein 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 all employees of the Fire Department , Ashland, Oregon, as set forth in "Appendix A" but excluding Volunteer Fire Fighters, 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 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 periods of time, not to exceed one ( 1) year, e . g. college "sleepers" , or student fire fighters. 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 Discrimination. The provisions of this Agreement shall be applied equally to all employees in the bargaining unit -1- without discrimination as to race, religion, creed, color, sex, age or national origin. 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 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 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 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 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 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 . -2- 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 contract . 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 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. 2 . To determine the methods , means and personnel by which government operations are to be conducted. S . 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 . 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 . -3- 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. ) Washington' s Birthday (3rd Mon. 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) I Any day declared to be a Holiday by the President , 1 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 listed above at their regular straight time rate of pay. The additional 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 . 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 : Section 1 . 1 Employees with less than four (4) full years of continuous service shall accrue ten ( 10) hours of vacation credit for each full calendar month worked (six and two-thirds (6 2/3) hours per month for forty hour personnel ) . Section 1 . 2 Employees with more than four (4 ) but less than nine full years of continous service , shall accrue twelve ( 12) hours of vacation credit for each full calendar month worked (eight (S) hours per month for forty hour personnel) . Section 1 . 3 Employees with more than nine (9 ) but less than fourteen ( 14) full years of continuous service, shall accrue fourteen ( 14) hours of vacation credit for each full calendar month worked (ten ( 10) hours per month for forty hour personnel ) . -4- Section 1 . 4 Employees with more than fourteen ( 14) but less than nineteen ( 19) full years of continuous service, shall accrue sixteen ( 16) 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) full years of continuous service , shall accrue eighteen ( 18) hours of vacation credit for each full calendar month worked (thirteen and one-third ( 13 1/3) hours for forty hour personnel ) . Section 2 . Continuous Service. Continuous service, for the purpose of accumulating vacation leave credit , shall be based on the regular paid hours worked by the employee , except that paid time spent by an employee on military leave, sick leave resulting from an injury incurred in the course of employment and authorized educational leave required by the City shall be included as continuous service. Time spent on other types of authorized leave shall not be counted as service provided that employees returning from such leave and employees on lay-off status shall be entitled to credit for service prior to the leave or lay-off . 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. 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, 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. 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 operations and the availability of vacation relief . Subject to the foregoing, employees shall have the right to determine vacation times. Vacation shall 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 annually as of December 1st and employees shall exercise their choice by bidding in seniority. The list shall be closed as of January 1st and subsequent changes shall be made only by mutual consent of the parties . Scheduling of vacation periods to the extent consistent with operation requirement of the City and vacation credits of the employee , shall be in units of not less than two (2 ) succeeding work shifts. Section 5 . Payment on Termination. In the event of death or termination of an employee during the initial twelve ( 12 ) months of his employment , no payment in lieu of vacation shall be made. -5- 'n 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 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 is paid. 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 emplovees, to the extent consistent with operating requirements, shall be scheduled to work on 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. 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: Section 1 . 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 i. 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 statement of the nature and identity of the illness, the need for the -6- 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 personnel) if the employee has been advised in advance of such 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 appointment , if approved by the Fire Chief . 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 under Worker ' s Compensation laws and the employee ' s regular pay. In such instances, pro-rated charges will be made against accrued sick leave . Section 4 . Sick Leave Without ?ay. 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 for a physician periodically during the period of such disability, and before returning to work. Section 5 . 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 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 . In addition to regular sick 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 family 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 I. Criteria and Procedure. Leaves of absence without pay not to exceed one ( 1 ) year may be granted upon establishment of reasonable ;ustification in instances where the work of the -7- department will not be seriously handicapped by the temporary absence of the employee. Requests for such leaves must be in writing. Normally, such leave will not be approved for an employee for the purpose of accepting employment outside the service of the City. 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 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 , J udicial or quasijudicial 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. 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. 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 or her professional ability through enrollment in educational 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 -8- aepartment head. One-year leaves of absence , with reauested 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 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 employee ' s department head. Section S . Military Leave. Military leave shall be granted in accordance with state or federal law. 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 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 schedule attached to this Agreement and marked "Appendix B" which is hereby incorporated into and made a part of this Agreement . 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 . 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 approximately 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 (27) day cycle, unless such day falls on a Saturday, Sunday or Holiday, in which case payday will be on the preceding work day. (c) A schedule showing all scheduled paydays shall be posted on departmental bulletin boards, each fiscal year . -9- 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 . 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 compensated 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 one-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 and must be approved by the department head or designated supervisor . (f) 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 . Permission for such time off must be requested from the affected shift ' s Battalion Chief 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 . Section 4 . EMT I 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 that Emergency Medical Technician I certification is a ,job requirement for the positions of firefighter and fire engineer . Employees in these classifications who are not certified as of the effective date of this Agreement will not be required to become certified. However, if they become certified at a later date, they must maintain their certification as a condition of continued employment . New employees must become certified within two (2 ) years of their date -10- of hire if courses are reasonably available as determined by the Fire Chief as a condition of their continued employment . Current employees certified as of the effective date of this Agreement must maintain their certification as a condition of continued employment . Employees who are not certified or allow their certification to lapse shall have thirty dollars ($30 . 00) deducted from their monthly wage rate as shown in the wage schedule marked "Appendix B" . The City shall bear the cost of any books, tuition, registration fees, transportation to and from out-of-town training or testing sites, and meals when appropriate and when test sites are out of Ashland, which are incurred by an employee in order to acquire or maintain a current EMT 1 Certification. Section 5 . Working out of Classification. When an employee is required to work in a higher job classification for at least one-half ( 1/2 ) shift or more , he shall receive the pay rate for the higher classification for time worked in a higher classification until he returns to his previous job classification. If an employee takes vacation or sick leave while working in a higher classification, and returns to the higher classification, he shall be paid the higher rate for such vacation or sick leave . In the event that no Engineer expresses an interest in an acting-in assignment as Battalion. Chief when requested to do so by the Fire Chief , the Fire Chief may assign an Engineer to such duties . Subject to the foregoing, the rate of pay shall be the entry level salary established for the position. 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. Section 7 . Mileage . An employee required to report for special duty assignment at any location other than his permanent reporting location and who is required to use his 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. ARTICLE XII - DISCI?LINE 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 wilfull violation of department rules or for political activities forbidden by State Law. -il- 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 pay or 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 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. 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. STEP I . The affected employee shall take up the grievance or dispute with the employee ' s Battalion Chief within five (5) calendar days of its occurrence . The Battalion Chief shall then attempt to adjust the matter within five (5) calendar days . STEP II . If the grievance has not been settled between the affected employee and the Battalion Chief (Fire Chief or his designee for application to forty-hour personnel) , it may be presented in writing by the Union representative to the Fire Chief -12- I within five calendar 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 five (5) calendar 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 seven (7) days after the response specified in Step II is due. The City Administrator his designee (s) shall respond in writing to the Union within five ( 5 ) calendar 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 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 pre-hearing conference and shall prepare a submission 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 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 J witnesses . If either party desires a verbatim recording of the lil proceeding, it may cause such a 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 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 -13- 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 hereof , 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 on-duty Battalion Chief , 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 . 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 ) educational leave 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 . 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 regular 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 at 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) if he is retired. -14- 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 he 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 XIII . Section 5 . Layoff and Recall . Recall from layoff exceeding three (3) shifts shall be by certified letter sent to the employee at his 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. 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 three years in 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 in 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 . (2) If it is found that , after testing in accordance with the terms of this article, no one within the bargaining unit has been deemed qualified for the position by virtue of his test score . Section 3 . Procedure . Employees must submit in writing to the Fire Chief or his 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 classification sought by applicants . When oral examinations are given, the oral board will -15- 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 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 promotional list , unless the Fire Chief determines that such individual is not the most qualified and puts his reasons for such a determination in writing. If that employee declines the appointment, the offer shall then be extended to the employee whose name appears next on the list . Declining an offer of appointment from a promotional list shall not jeopardize an employee ' s standing on the list . If an employee declines appointment he retains his original standing. 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 . 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 Battalion Chief . Section 2 . Visits by Union Representatives . The City agrees that accredited representative of the International Association of Fire Fighters and the Oregon State Fire Fighters Council , upon -16- i 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 . The A.P . & 0. Manual will contain all rules, existing or future . The City shall provide the Union copies of all revisions of the A. P. & 0. Manual . The City will provide to the Union a copy of the A.P . & 0 . Manual within 60 days of the signing 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 . (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 B . Uniforms, Protective Clothing and Devices. If an employee is required to wear a uniform, protective clothing or use -17- 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 $110 . 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, 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 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 . Section. 9 . Response-Time Requirement . All new regular employees shall establish their residence to enable them to report for emergency duty within twenty (20) minutes of notification. All present employees who presently reside outside of this area shall become residents of the area in the event they relocate their place of residence following the effective date of this Agreement . Section 10 . Utility Discount . All regular employees shall receive a twenty-five (25) percent discount on City domestic water, sewer and electric utilities . Section 11 . Position Classification. The position classifications and job descriptions for positions listed on "Appendix B" shall be those set forth in Ordinance No. 1415 , as amended by Ord. Nos. 1713 , 1795 , 1812 , 1901 and 2217 . Section 12 . Professional Standards and Safety Committee . In order that the City may be informed and/or take appropriate action on professional standards of safety and protective equipment , a committee shall be formed, composed of the Fire Chief and/or his designated representatives not to exceed two, and representatives of the Union not to exceed three . This committee shall meet quarterly, and may make recommendations for improvements to the City Administrator . Section 13 . 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 14 . Trade Time. The City shall allow time trades provided that : (a) Such trades are applied for on a form provided by the City; and, (b) permission is requested from the affected shifts ' s Battalion Chief 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 -18- (d) trades shall be allowed in increments of not less than two hours; and (e) trades shall be limited to 144 hours outstanding at any one time, per employee ; and (f) trades shall not interfere with the operations of the Fire Department ; and (g) trades shall occur only between employees of the same job classification, or between equally qualified employees according to the Fire Engineers ' s promotional eligibility list . ARTICLE XVII - HEALTH AND WELFARE AND RETIREMENT : Section 1 . Health and Welfare . The City agrees to maintain existing, equal or better insurance plans at present employee/family coverage levels, as show in "Appendix C" . 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 237 . 153 . The City will also assume or pay the employees contributions required by ORS for all employees included under this Agreement at a uniform rate of six ( 6) percent . 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 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 li 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 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 the Agreement . Section 2 . Funding. The parties recognize that revenue needed to fund the wages and benefits provided by the Agreement must be -i9- 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 iof such budget requests or voter approval thereof . ARTICLE XXI - TERMINATION AND REOPENING : This agreement shall be effective as of the 1st day of July, 1984 , and shall remain in full force and effect until the 30th day of June, 1986 , and shall terminate all prior agreements and practices, and concludes all collective bargaining during the term of this agreement . This agreement nullifies and supercedes all previous documents including Letters of Understanding between the parties . 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 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 30 days after said notice . This agreement shall remain in full force and effect during the period of negotiation. ASHLAND FIRE FIGHTERS ASSOCIATION CITY OF ASHLAND, OREGON INTERNATIONAL ASSN. OF FIRE FIGHTERS LOCAL/#22.29 �f J bY_,//��I�i�� by , ©/� Date : Dat ��� 3o F!' APPROVED : by :-26' Mayor Date : �- Attest : Ac fr"vl Recorder Date : -20- APPENDIX "A" CLASSIFICATIONS WITHIN BARGAINING UNIT Firefighter Eire Engineer Fire Inspector -21 - i "APPENDIX B" WAGE SCHEDULE* CLASSIFICATION $Hr . Rate** (Mo . Rate) $Hr . Rate** (Ma . Rate) (Effective 7-1-84) (Effective 7-1-85) Firefighter : 1st six months $5 . 53 ( 1343) $5 . 74 ( 1394) 2nd six months 5 . 89 ( 1430) 6. 12 ( 1486) 3rd six months 6 . 07 ( 1474) 6 . 30 ( 1530) 4th six months 6 . 24 ( 1515) 6 .48 ( 1573) 5th six months 6. 63 ( 1610) 6 . 79 ( 1673 ) Rate thereafter 6 .96 ( 1690) 7 . 23 ( 1755) Fire Engineer: Rate $7 . 53 ( 1828) $7 . 83 ( 1900) Fire Inspector : Rate $11 . 02 ( 1910) *** $11 . 46 ( 1986) *** * Individuals in the classifications of Firefighter and Fire Engineer who do not possess EMT I Certification shall have their wages reduced by $ • 124 per hour (equivalent to $30 . 00 per month) . **All rates are hourly rates and shall be considered as such. ***Based on a forty (40) hour workweek. -22- I "APPENDIX C ' HEALTH AND WELFARE BENEFITS The City agrees to pay the following premiums for health and welfare benefits : 1 . League of Oregon Cities Dental Insurance Plan III (Family Coverage) Full Cost 2 . League of Oregon Cities Health Insurance Plan IV (Family Coverage) Full Cost 3 . Mercy Flights Insurance: Single $ 8 . 00/yr . Family 10. 00/yr. 4 . Other benefit levels and maximum premium payments by the City shall be as follows : State Mandated Life Insurance $1 . 35/mo. League of Oregon Cities Life Insurance .67/mo. League Dependent ' s Life Insurance . 71/mo. Salary Continuation Plan . 59/$100 mo . salary. -23-