H01. 2022 IAFF Collective Bargaining AgreementCITY OF
KALISPELL
City of Kalispell
201 1" Ave E. P.O. Box 1997
Kalispell, Montana 59903-1997
(406) 758-7000 Fax (406)7757
REPORT TO: Mayor Johnson and Kalispell City Council
FROM: Doug Russell, City Manager
SUBJECT: Adoption of Collective Bargaining Agreement with IAFF Local 547
MEETING DATE: August 15. 2022
BACKGROUND: The most recent collective bargaining agreement between the City and
The International Association of Firefighters Local Union No. 547 ended on June 30, 2022. On
April 29, 2022, the City and IAFF Local 547 entered into collective bargaining contract
negotiations for a new agreement.
Attached is the recommended agreement between the City and the IAFF Local 547 which
outlines those items agreed to in negotiations and which was recently voted for acceptance by the
IAFF Local 547 membership. In general, this agreement provides for the following:
• Three-year term representing fiscal years 2023, 2024, and 2025
• Consistency across labor units in the establishment of the market methodology
adjustment
o The first -year base wage is established using a comparison to the market within
the State of Montana. This process, where every 3rd year a market analysis is
completed provides for a level of consistency across the organization as every
position is anticipated to be brought to market beginning with the Is' year of
newly adopted collective bargaining agreements.
o Adjustment in the base salary of 4% for Fiscal Years 2024 and 2025.
o Adjustment in certain areas of specialty work to be in line with the market and
other municipal contracts (Field Training Officer, Paramedic Pay, etc.)
• Officer adjustment and promotion requirement adjustment. This contract removes the
Lieutenant from the pay scale and provides for three levels within the Captain's Title.
This also includes a program outlining how advancement takes place, aiding in the efforts
of succession planning and officer training.
• A provision has been included for a mandatory holdover to assist in coverage, if needed.
FISCAL IMPACTS: The estimated financial impact for the Collective Bargaining Agreement
is $207,422 for FY2023, $175,068 for FY2024, and $152,876 for FY2025.
RECOMMENDATION: It is recommended that the City Council approve the Collective
Bargaining Agreement between the City of Kalispell and IAFF Local 547.
ATTACHMENTS:
• Proposed Collective Bargaining Agreement between The City of Kalispell and
IAFF Local 547 2023-2025
AGREEMENT
BY AND BETWEEN
THE CITY OF KALISPELL
AND
THE INTERNATIONAL ASSOCIATION
OF FIREFIGHTERS
LOCAL UNION NO. 547
July 1, 2022 — June 30, 2025
CBA Between the City of Kalispell and IAFF Local No. 547 — Page 1
THIS AGREEMENT made and entered into this day of , 2022, by and between
the CITY OF KALISPELL, hereinafter referred to as 'EMPLOYER", and the
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 547, hereinafter referred to
as the "UNION".
1. PURPOSE
a. It is the purpose of this Agreement to achieve and maintain harmonious relations
between the Employer and the Union; to provide for equitable and peaceful
adjustment of differences that may arise; and to establish proper standards of
wages, hours, and other conditions of employment.
b. This Agreement supersedes any and all previous agreements oral or written
between the City of Kalispell and the International Association of Firefighters
Local Union No. 547 including applicable past practice and agreed upon
precedent setting grievance settlements.
c. Any future, local Agreement applying or interpreting the terms of this Agreement
shall be in writing and approved by the City Manager or designated
Representative along with the exclusive bargaining representative of IAFF Local
547 in order to be valid in any future application of the terms of this Agreement.
2. RECOGNITION
a. Employer's Recognition of Union. The Employer recognizes the Union as the
exclusive bargaining agent for all the Firefighters of the Fire Department
excluding the Fire Chief, the Assistant Fire Chief, and other employees not
represented by Local #547.
b. Union's Recognition of Management Prerogative. The 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 the City has
not officially abridged, delegated, or modified by this Agreement are retained by
the City.
c. Enumeration of Management Rights. Except as provided in this Agreement,
management officials of the City retain the rights, in accordance with applicable
laws, regulations, and provisions of the Personnel Rules and Regulations which
are not in conflict with this Agreement, which include but are not limited to the
following:
L To manage and direct the employees of the City.
ii. To hire, promote, transfer, schedule, assign, and retain employees in
positions with the City.
iii. To suspend, demote, discharge, or take other disciplinary action against
employees for just cause.
CBA Between the City of Kalispell and IAFF Local No. 547 — Page 2
iv. To relieve employees from duties because of lack of work, funds, or other
legitimate reasons.
v. To maintain the efficiency of the operations of the City.
vi. To determine the methods, means, and personnel by which such
operations are to be conducted.
v i i. Organization of City government.
viii. The number of employees to be employed by the City.
ix. The number, types, and grades of positions or employees assigned to an
organizational unit, department, or project; provided, however, that
ranks and positions existing within the bargaining unit upon the
effective date of this Agreement will remain in effect throughout the
duration of this Agreement.
x. Internal security practices.
xi. Those matters covered by the Personnel Regulations not in conflict with
this agreement.
3. AGENCY SHOP
a. Availability of Union Membership. Membership in the Union is available to all
employees on the same terms and conditions generally applicable to the members
of the Union. The Employer shall notify the Union in writing when a new
employee has been confirmed.
b. Agency Shop. No employee in a bargaining unit shall be required to become a
member of the Union as a condition of employment. Each employee shall have
the right to join, not join, maintain or drop Union membership. It is recognized
that the Union is required both under law and under this Agreement to
represent all of the employees in the bargaining unit fairly and equally without
regard to whether or not an employee is a member of the Union.
c. The Employer agrees to deduct Union dues, Initiation fees, or fair share fees of
Union and non -union members from the wages of employees who provide the
Employer with a voluntary, written authorization.
d. Such deductions will be made by the Employer from the wages of employees on a
prorated basis each pay period and will be transmitted to the appropriate recipient.
e. In the event no wages are then due to the employee, or are insufficient to cover
the required deduction, the deduction for such month shall nevertheless be made
from the first wages of adequate amount next due the employee and thereupon
transmitted to the recipient.
f. The Employer shall promptly notify the Union in writing of any revocation of the
CBA Between the City of Kalispell and IAFF Local No. 547 — Page 3
previously mentioned authorization.
g. The Union agrees to indemnify and hold the Employer harmless against any and
all claims, suits, orders and judgments brought or issued against the Employer as
a result of any action taken or not taken by the Employer under the provisions of
this Article and as directed in writing by the Union.
4. DISCRIMINATION
a. The Employer agrees not to discriminate against any employee for activity on
behalf of, or membership in the Union. The Employer and the Union agree that
there shall be no discrimination against any employee because of age, race, creed,
color, religion, national origin, marital status, or sex.
b. The Employer recognizes that the desire of the employees to join the Union and to
be represented by the Union will repose greater confidence in the execution of fair
personnel relations. Therefore, the Employer agrees to take no action, which may
tend to discourage or encourage the desire of the employees to join the Union or
frustrate the Union in its activity. No employee shall be discharged or
discriminated against by the Employer for upholding Union principles.
5. UNION BUSINESS
a. Employees elected or appointed to Union Offices shall be granted reasonable time
to perform their Union functions including attendance of conventions,
conferences, and seminars. It shall be the responsibility of the Union to provide
for his replacement on shifts during such absence. The Union shall have the
ability to charge vacation, holiday, and/or compensatory time against other
employees within the Union for union compensation purposes. A grievance
chairman shall be allowed time off for all meetings which shall be mutually set by
the Employer and the Union. Local 547 shall be allowed to hold regular and
special meetings in the Fire Station.
CBA Between the City of Kalispell and IAFF Local No. 547 — Page 4
6. PREVAILING RIGHTS
a. All rights and privileges enjoyed by the employees at the present time, even
though not identified in this agreement, shall remain in full force and effect unless
changed within the provisions of 39-31-305 MCA and using the following
criteria.
b. Criteria to be used by all parties when evaluating prevailing rights (i.e., past
practice):
L That it is known by both parties as an accepted practice and;
ii. That it has occurred over a period of time and on more than one occasion
and;
i i i . It has occurred at least once within the preceding contract and;
iv. Readily ascertainable over a reasonable period of time as a fixed and
established practice accepted by both parties.
c. In the event the Fire Department should merge or consolidate with any other fire
department, volunteer or paid, the members of the Fire Department covered by
this Agreement shall retain all rights and seniority, and the members of the other
department or departments shall be placed at the bottom of the seniority list.
d. In the case of personnel reductions, the employee with the least seniority shall be
laid off first. Time in the Fire Department shall be given the utmost consideration.
No new employee shall be hired until the laid off employee has been given the
opportunity to return to work. In no case shall a represented employee of the Fire
Department be dismissed without just cause.
7. MAJOR SHIFT CHANGE
a. The Employer agrees to notify Employees fourteen (14) days in advance of shift
changes.
b . In the event an employee is reassigned to another shift by management for any
reason, including promotion, the affected employee will have the opportunity to
change previously scheduled days off to either of the two closest corresponding
dates of the new shift.
c. When a position on a shift is vacant, the Assistant Chief of Operations will post
the opening for a period of six (6) working days. Those individuals interested in
filling the position will notify the Assistant Chief of Operations in writing of their
interest in the vacant position. The vacant position will be filled by the person
with the most seniority who submitted a written notice of interest and who meets
the requirements for the vacant position.
d. If no person bids for the vacant position, the position will be filled by the least
senior employee in that rank.
CBA Between the City of Kalispell and IAFF Local No. 547 — Page 5
8. SALARIES
a. Salaries to be paid by the Employer are set forth in this Agreement and in
Appendix A, attached hereto and by this reference made a part hereof.
b. Any employee required to accept the responsibilities and duties of a higher
classification or rank will be paid at the base hourly rate of the higher
classification for all hours so worked, plus any applicable team and certification
pay. If the employee is working an overtime shift while acting at the higher rank,
the employee will be compensated at one and one-half times the base hourly rate
of the higher position, plus any applicable team and certification pay.
c. As reflected in Appendix A, in addition to base pay:
L Paramedics shall receive additional pay equal to seven percent (7%) for
FY23, eight percent (8%) for FY24, and eight and three quarters percent
(8.751 o) for FY25 of the base pay for a firefighter I. Employees who
achieve Montana State Paramedic Certification during their course of
employment will receive Paramedic pay upon confirmation of their
licensure.
H. Employees who are not certified paramedics but who hold an EMT-B
certification (Advanced EMT after January 1, 2014), shall receive
additional pay equal to three and one-half percent (3.5%) of the base pay
for Firefighter I;
iii. All employees shall receive longevity pay equal to 1.3%of the base pay
for a firefighter I for each year of employment with the Fire Department;
iv. Employees assigned to specialty teams shall receive additional pay equal
to two percent (2%) of the base pay for a Firefighter 1;
v. Employees assigned by the Chief as a Team Leader of a specialty team
shall receive additional pay equal to two percent (2%) of the base pay for
Firefighter 1 in addition to the regular team pay identified above in c.iv.;
vi. Employees assigned to Field Training officer (FTO) shall receive
additional pay equal to four percent (4%) of the base pay for Firefighter 1
for active on -duty shifts spent serving in this capacity with a recruit.
vii. Employee assigned to EMS Coordinator shall receive five percent (5%) of
the base pay of Firefighter 1.
v i i i . Employee assigned as to manage quartermaster duties shall receive two
percent (2%) of the base pay of Firefighter 1.
d. The sum of the employee's base pay, plus team pay, team leader pay,
quartermaster pay, FTO pay, EMS Coordinator pay, paramedic or EMT-B pay,
plus longevity pay shall be considered the employees regular hourly wage for the
purpose of calculating overtime compensation.
CBA Between the City of Kalispell and 1AFF Local No. 547 — Page 6
9. CALL BACK PAY
a. Call Back. A firefighter who has completed his/her scheduled shift and who is
subsequently recalled to duty prior to his/her shift shall receive a minimum
reporting sum equivalent to two (2) hours of pay at time and one-half (1-1/2)
his/her applicable pay. Firefighters will remain in a call back status until
relieved by the officer in charge.
b. Hold Over- Any member who is held over his or her scheduled shift to maintain a
response of, at minimum, one medic unit (2 person with 1 being a Paramedic) and
one fire response unit (1 Officer, 1 Engineer, and 1 Firefighter at minimum one of
which shall be a Paramedic.) shall be paid overtime at one and one-half (1-1/2)
times the regular rate of pay. The City shall have an authorized work force of 30
24-hour firefighters for hold -over to be mandatory. In addition to the authorized
work force, the City shall be actively in the hiring process for vacancies in the 30-
member authorized work force for hold -over to be mandatory. In the event
staffing drops below 30 members, 90 days will be given to fill positions as
identified in Section 29A. Any extension of mandatory holdover beyond 90 days
will require written agreement between the City and Union.
If the minimum staffing level, identified in this section, for an oncoming shift is
shorted and a member of the union cannot be located to fill the shift, the on -duty
employee with the least amount of seniority that fills the needed requirements will
remain on -duty until such time that someone accepts the overtime shift, or the
completion of that shift, whichever occurs first.
10. COMPENSATORY TIME
a. For purposes of compensatory time off, 29 U.S.C. § 207(k) and its associated
regulations at Part 553 -- Application Of The Fair Labor Standards Act To
Employees Of State And Local Governments, Subpart C - Fire Protection And
Law Enforcement Employees Of Public Agencies, as promulgated by the U.S.
Department of Labor require that:
CBA Between the City of Kalispell and IAFF Local No. 547 — Page
b. FLSA Standards.
L Firefighters may work a maximum of 212 hours in an FLSA period of 28
days for regular pay.
H. All overtime hours worked by an employee, may, at the employee's
election, be paid at one and one-half times the employee's regular hourly
wage rate or paid as compensatory time, accruing at one and one-half
hours of compensatory time for every overtime hour worked. Employees
working overtime may also elect to be paid straight time for the hours
work, plus accrue one-half hour of compensatory time for each overtime
hour worked.
i i i. Firefighters required to work hours outside their normal shift will be paid
at the rate of time -and -one half for those hours, even if they have worked
less than 212 hours in the 28-day FLSA period.
c. Firefighters who work the required hours to qualify for compensatory time off
shall avail themselves of the provision of this Article by noting the hours worked
to be applied to compensatory time on the time sheet supplied by the City.
d. Compensatory time will be issued in lieu of overtime, upon request by the
employee.
e. Firefighters may be allowed to accumulate not more than 150 hours of
compensatory time off for overtime hours worked. The 150 hours maximum
compensatory time off shall represent not more than 100 hours of actual work.
Firefighters who have accrued the maximum 150 hours of compensatory time
must be paid in cash wages of time and one-half their regular rate of pay for
overtime hours in excess of the maximum allowed. Said compensation shall be
paid in the pay period earned.
f. Any employee retains the right to use Compensatory Time at his/her discretion,
provided that such usage is requested and approved by management in the same
manner as vacations.
g. Employer agrees to allow covered employees to cash in up to forty (40) hours of
accrued compensatory time each November 1.
h. Overtime payment in cash, in whole or in part, shall not affect subsequent
granting of compensatory time off in future work periods.
L Upon termination of employment, a Firefighter shall be paid for unused
compensatory time at a rate of compensation not less than:
L The average regular rate received by such employee during the last three
years of the employee's employment, or
H. The final regular rate received by such employee, whichever is higher.
CBA Between the City of Kalispell and IAFF Local No. 547 — Page 8
11.
12.
KELLY DAYS
a. The regularly scheduled hours of work for employees working 24-hour shifts
shall be approximately 46.77 hours a week. This is attained by each employee
being assigned a total of twenty (20) Kelly days per year. The Employer and the
Union recognize a 28-day FLSA cycle.
b. Kelly Days will be assigned for the calendar year to each employee working a 24-
hour shift before any other annual leave is selected via a system agreed to by the
Fire Chief and the Local. Employees shall be allowed to move Kelly Days after
all annual leave has been selected by the shift during the annual leave selection
process. All employees will maintain at least one Kelly Day per pay period.
HOLIDAYS
a. The following are established as City holidays for the duration of this
agreement:
New Year's Day
Martin Luther King's Day
President's Day
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
State -Election Day
January 1 st
3rd Monday in January
3rd Monday in February
Last Monday in May
July 4th
1 st Monday in September
November 1 I th
4th Thursday in November
4th Friday in November
December 25"'
b. Employees shall receive eight hours of paid holiday leave for each City
holiday. To be eligible for holiday leave, the employee must be in a pay status
on the employee's last regularly scheduled working day immediately before the
holiday or on the employee's first regularly scheduled working day immediately
after the holiday.
c. In the event that the legislature of the State of Montana or the City Council of the
City of Kalispell shall by law or ordinance establish any holidays in addition to
the ones enumerated above.
d. Vacation and holiday leave time shall be accrued into their own separate time
bank, one each for vacation and holiday time accrued. Holiday time earned shall
be managed as if it is vacation time.
CBA Between the City of Kalispell and IAFF Local No. 547 — Page 9
13. SIIIFT TRADES:
a. Shift trades between shift employees may be allowed by the employer for either
partial or full shifts, provided the trade will not adversely affect the operations of
the department.
b. Shift trades must have prior approval of a Captain from each affected shift and
agreement from each employee for the dates and times selected.
c. Shift trades represent a private, binding agreement between employees to exchange
hours worked in lieu of pay. The employer assumes no responsibility to ensure or
enforce repayment of trades and will not incur costs for overtime or differential pay.
For payroll purposes, a tour trade will appear as though it has not occurred.
d. Trades involving more than two individuals will be allowed.
14. VACATIONS, SICK LEAVE & PERSONAL DAYS
a. Vacations and sick leave shall be governed by State Law governing public
employees, to -wit: Sections 2-18-611 through 620, MCA.
b. Employees shall accrue vacation leave pursuant to the requirements of MCA 2-18-
611 and at the rate and according to the schedule as set forth in MCA 2-18-612.
c. Any employee working more than 2,080 per year shall earn vacation credits on a
pro rata basis.
d-. The two-year vacation cap shall be adjusted to reflect any increased vacation
accrual.
e. Sick leave shall be accrued as set forth in MCA 2-18-618 and those employees
working more than 2080 hours per year shall likewise accrue sick leave credits
on a pro rata basis.
f. Forty-eight (48) hours of personal time off shall be scheduled by the employee
and approved in advance by the Fire Chief or designee and shall be taken or paid
out per calendar year.
g. The Union and the Employer agree that on any shift up to 3 (three) personnel
can be allowed off on any combination of Vacation, Kelly Day, Holiday,
Compensatory Time, or Personal Day.
15. BEREAVEMENT LEAVE
a. In the event of death of an immediate family member of the employee, or an
immediate family member of the employee's spouse, the employee working a
24-hour shift schedule will be allowed to charge up to 48 hours (not less than
two shifts) of sick leave to attend to matters surrounding the death. Where the
employee works a 40 hour per week schedule, the employee will be allowed to
charge up to 40 hours (not less than five days) of sick leave to attend to matters
surrounding the death. For purposes of this article, immediate family is defined
as:
i. Spouse
ii. Child
iii. Step -child
iv. Parent
vi, Foster parent
vii. Sibling
viii. Step -sibling
ix.Grandparent
CBA Between the City of Kalispell and IAFF Local No. 547 — Page 10
v. Step-parent
16. HEALTH AND WELFARE BENEFITS
a. For the period of this Agreement commencing on July 1, 2022 through June 30,
2025 the City shall determine the insurance carrier and contribute the amount
determined by the Insurance Committee, based on the employee's status (single,
employee with children, two party (married) or family), up to the following
amounts as reflected in the FY 2019/2020 contract with the Montana Municipal
Insurance Authority:
1. Single $ 722.00
2. Employee with children $ 1020.50
3. Two Party $ 1134.91
4. Family $1514.00
each month toward Health Insurance Coverage. Employees covered by this
Agreement may pay any increase in cost of Health Insurance during the term of this
Agreement unless changed by the citywide insurance committee and approved by a
citywide employee vote.
b. If during the term of this Agreement the Kalispell Police Association or the
American Federation of State, County, and Municipal Employees, AFL-CIO
Union or nonunion employees (except for the City Manager, City Attorney or
Department Directors) receive a higher contribution for medical insurance than
the rate stated in this Agreement, such contribution shall be increased to equal the
higher rate. Employees covered by this Agreement shall pay any increase to the
cost of health insurance above the cap.
c. The City agrees to cover the cost not covered by the City's Health Insurance
Policy for biennial physicals for all covered members. Those employees over 40
years of age desiring to have annual physicals may do so with the City covering
the cost not covered by the City's Health Insurance Policy.
17. FIREFIGHTER GRADE CLASS AND CERTIFICATION / TRAINING
REQUIREMENTS
a. Probationary Firefighter
i. Grade Class upon hire
b. Firefighter I
i. Must have completed Probationary Firefighter of one (1) year, unless
extended by administration discretion
ii. Completion of KFD Academy and FTO period
iii. Completion of Montana State Firefighter 1 Academy if Pro -Board or IFSAC
certification is not held
c. Firefighter II
i. Three (3) years as a firefighter with Kalispell Fire Department
ii. Certifications
1.
National Accredited FF II (IFSAC or Pro- Board)
2.
Nationally Accredited Apparatus Operator -Pumper
3.
National Accredited Apparatus Operator- Ladder
4.
Nationally Accredited Apparatus Operator- Wildland
CBA Between the City of Kalispell and IAFF Local No. 547 — Page 11
d. Engineer
i. Must be at least a Firefighter II
ii. Passage of the Engineer promotional exam
e. Captain- Step 1
i. Must be at least a Firefighter II with five (5) years with KFD
ii. Must have passed an approved Command and Control Class or Blue Card
Certification Must have passed an approved Leadership/Emergency
Services Delivery Course. The approved list of courses will be maintained
by Management and Labor in order to stay current and relevant.
W. Must have Incident Safety Officer Certification
iv. Passage of the Captain promotional exam
L Captain- Step 2
i. Meet all the requirements for Captain- Step 1
ii. 2 years as Captain- Step 1
W. Fire Instructor I certification
iv. Fire Officer I certification
v. Certification of Instruction (to be determined by the needs of the
organization)
A. Passed a minimum of 2 Leadership/Emergency Services Delivery
Courses. The approved list of courses will be maintained by Management
and Labor in order to stay current and relevant.
g. Captain- Step 3
i. Meet all the requirements for Captain- Step 2
ii. 2 years as Captain- Step 2
W. Fire Investigator Certification
iv. Health and Safety Officer Certification
v. Passed a minimum of 3 Leadership/Emergency Services Delivery
Courses. The approved list of courses will be maintained by Management
and Labor in order stay current and relevant.
18. D-SHIFT
a. Firefighters assigned to D shift shall be assigned a schedule of any of the
following:
i. Four (4) consecutive ten (10) hour days on duty followed by three (3)
consecutive days off;
ii. Three (3) consecutive twelve (12) hour days on duty followed by three (3)
consecutive days off;
W. Two (2) consecutive twelve (12) hour days on duty followed by two (2)
consecutive days off;
iv. Two (2) consecutive twelve (12) hour days on duty followed by two (2)
consecutive days off followed by three (3) consecutive twelve (12) hour
days on duty followed by two (2) consecutive days off followed by two
(2) consecutive twelve (12) hour days on duty followed by three (3)
CBA Between the City of Kalispell and IAFF Local No. 547 — Page 12
consecutive days off; or
v. Any other schedule of twelve (12) hour workdays as agreed to by the Fire
Chief and the Local that does not exceed 43 hours of regularly scheduled
work per week.
b. D-Shift start times will coincide with the 24-hour shift start time.
c. The hourly base wage for D-Shift employees shall be determined according to the
following formula: (24-hour employee of the same rank base hourly wage) x 2432
(annual regularly scheduled hours of 24-hour employees) divided by (the number
of annual regularly scheduled hours of the D-Shift employee, excluding any
overtime or shift trades) = D shift employee's hourly base wage.
19. D-SHIFT IMPLEMENTATION
a. Firefighters on D Shift are intended to augment staffing during peak times and not
to replace necessary 24-hour shift employees.
20. FIREIGIITER INDEMNIFICATION
a. Pursuant to MC.A. §2-9-305, the City shall, in any noncriminal action alleging a
negligent act, error or omission, brought against a firefighter of the Kalispell Fire
Department, defend the action on behalf of the firefighter and indemnify the
firefighter, subject only to those exclusions set forth in M C.A. §2-9-305(6).
21. LEAVES OF ABSENCE
a. Medical Leave. An employee who is unable to work because of illness or injury
and who has exhausted all sick leave credit available shall, upon request, be
granted a medical leave of absence without pay, up to six (6) months. The
Employer may, in its sole discretion, renew such a leave. A request for a leave of
absence or renewal thereof under this section shall be accompanied by a written
doctor's statement outlining the condition of health and estimated time at which
the employee is expected to be able to assume his normal responsibilities.
b. General Leave. Employees with a minimum of five (5) years' experience in the
Fire Department may apply for an unpaid leave of absence subject to the
provisions of this section. The granting of such leave shall be at the sole
discretion of the Employer. Such leave may be granted by the Employer for
specialized training, extended illness of the employee's family, civic activities,
public office, or other reasons deemed appropriate by the employer.
c. Military Leave. Any employee who enlists or is called for military service will be
granted military leave in accordance with State Law. Any employee, who is a
member of the Armed Forces, their reserve components, or the National Guard,
will be granted leave for required training duty in accordance with State Law.
This covers weekly and weekend drills and annual tours, when offered by the
military authorities. Such leaves will be granted by the Employer upon prompt
employee's presentation of the official notice of the military unit concerned.
d. Loss of Rights. An employee shall lose all rights under this Agreement, if
CBA Between the City of Kalispell and IAFF Local No. 547 — Page 13
he/she, without the consent of the City Manager and the Union, engages in
employment with another employer, organization, or self-employment, for
wage or remuneration that exceed medical restrictions as determined by a
licensed health care provider while on leave of absence for a job -related injury
or illness. It shall be of no concern to the City of Kalispell if an employee
accepts other employment while on any other authorized leave of absence
except as defined by City of Kalispell policy.
22. ALTERNATE WORK
a. The City of Kalispell, consistent with the law and not in violation of this
Agreement, retains the right to assign or retain employees injured on and off the
job to restricted activity positions that they are able to perform for up to forty-five
(45) days with option to extend by mutual agreement between the City of
Kalispell and the Union. No bias will be given to work related versus non -work
related injuries.
b. Alternate work shall be first considered within the fire department.
i. Reassignment to other departments will be by mutual agreement by the
employee, union, and management.
c. The employee shall not sustain a loss of wages regardless of hours worked.
d. Alternate work shall not exceed forty (40) hours of work unless agreed to by the
employee, union, and management.
e. Work shall not interfere with scheduled appointments to licensed health care
providers including rehabilitation or physical therapy.
f. The employee and management agree to work to coordinate these appointments
that are beneficial to both.
g. The employee while on alternate duty within the Fire Department shall wear
his/her uniform.
23. SAFETY
a. The City of Kalispell shall continue to make responsible rules and provisions for
the safety and health of its employees during the hours of their employment.
b. A City of Kalispell Safety and Health Committee, consisting of selected
representatives from all departments shall meet at agreed times for the purpose of
promoting practices and rules relating to safety and health and recommending
changes in this area.
c. Employees shall adhere to the safety rules and regulations as promulgated in the
employee's personnel handbook or safety manual.
24. NO STRIKE CLAUSE
CBA Between the City of Kalispell and IAFF Local No. 547 — Page 14
a. During the term of this Agreement, neither the exclusive representative nor any
employee shall engage in a strike, defined as any concerted action in failing to
report for duty, the willful absence from one's position, the stoppage or work
slowdown, or the abstinence in whole or in part from the full, faithful, and
proper performance of the duties of employment for the purpose of inducing,
influencing, or coercing a change in the conditions or compensation of the
rights, privileges, or obligations or employment.
25. GRIEVANCE PROCEDURE
a. Grievances or disputes that may arise, including the interpretation of this
Agreement, shall be settled in the following manner:
i. Step 1. The Union Grievance Committee, upon receiving a written and
signed petition, shall determine if a grievance exists. If in their opinion no
grievance exists, no further action is necessary.
H. Step 2. If a grievance does exist, the Grievance Committee, with or
without the physical presence of the aggrieved employee, shall present the
grievance to the Chief of the Fire Department for adjustment.
W. Step 3. If within ten (10) business days the grievance has not been settled,
it shall be submitted to the City Manager for adjustment.
iv. Step 4. If within ten (10) business days no settlement has been reached,
the grievance shall be submitted to the Montana State Board of Personnel
Appeals. The findings of this arbitration board shall be binding upon all
parties concerned. The cost for the service of the arbitrator shall be shared
equally by both parties.
26. SAVINGS CLAUSE
a. If any provision of this Agreement or the application of such provision should be
rendered or declared invalid by any court action or by reason of any existing or
subsequently enacted legislation, the remaining parts or portions of this
Agreement shall remain in full force and effect. Upon written request of a party,
the parties hereby agree to meet within thirty (30) days thereafter to negotiate the
modifications of the affected provisions.
27. EMPLOYEE BENEFITS
a. The parties hereto recognize that the Firefighters Unified Retirement System is a
pension plan required on a non-discriminatory basis to employees in accordance
with State Law and funded accordingly. Any disagreement over the pension plan,
pension payments and/or pension contributions shall be subject to the pension
board ruling and appeals.
28. UNIFORMS
a. Uniforms will be furnished through a quartermaster system. The City will
CBA Between the City of Kalispell and IAFF Local No. 547 — Page 15
purchase and install a commercial washing machine and dryer for the sole use
of cleaning firefighter uniforms. The City will purchase all necessary cleaning
supplies such as laundry soap, and fabric softeners. The City will also provide
the utilities necessary for the use of these appliances. The Union agrees that
firefighters will clean all Bargaining Unit member uniforms.
b. The City will provide each firefighter with four pairs of uniform pants; one
uniform collared button -up dress shirt; four uniform short sleeve tee-shirts; two
uniform long sleeve tee shirts; two long sleeve uniform sweatshirts; one winter
coat; one winter knit cap; two pairs of workout trunks; and all required
accessories, such as badge and collar hardware.
c. The City shall provide reimbursement costs up to $250.00 toward the purchase
or repair/resoling of black, uniform boots, when replacement need is confirmed
by the Quartermaster. The department also will provide one uniform belt.
d. All personal protective equipment will conform to current NFPA Standards and
the current Uniform Standard Operating Guidelines.
e. To receive a uniform replacement piece or accessory, employees must return a
non -serviceable uniform or accessory piece, to the Quartermaster (A role assigned
by the Fire Chief or designee). When the Quartermaster confirms that the uniform
or accessory is no longer serviceable, the Quartermaster will issue a new uniform
or accessory piece. In the event that a uniform piece or accessory piece is lost, a
written document commemorating this loss will be submitted to the Assistant
Chief of Operations, and the Quartermaster will issue a new piece at the direction
of the Operations Chief.
29. VACANCIES AND PROMOTIONS
a. The City shall endeavor to fill City -declared vacancies within 90 days, and where
relative or substantial abilities and qualifications are equal, the employer shall
promote from within the Fire Department bargaining unit prior to seeking outside
employment sources. Upon and in the event of a restructuring of the department
no firefighter shall be demoted or lose rank or rank pay. The City will seek the
input of the union before deciding whether to fill position(s). Promotions shall be
awarded on the following basis:
i. A Promotion Board shall be established consisting of no less than a Fire
Chief and two (2) Officers selected by the Union. The Chief Officer may
appoint additional department members as needed and: or (1) outside
participant with professional fire service background.
ii. Qualifications for the position and the ability to perform in the position.
1. The City has the authority under this section to require testing of
the employee's ability to perform specific tasks required of the
position.
CBA Between the City of Kalispell and IAFF Local No. 547 — Page 16
2. Required testing and evaluation shall be established and
administered by the Promotion Board. Members of the
Promotional Board may be assigned, by the Chief Officer, to all or
parts of the testing and evaluation process to meet the needs of the
process.
W. Longest departmental seniority of employees applying for the position.
1. Actual longevity, as well as time in grade, will be considered.
iv. Past performance of applicants.
v. Applicants' personnel files shall be made available to the Promotion
Board, with attention to employee history considering work ethic, attitude
and performance.
A. Existing rank of personnel.
1. Personnel with an existing rank suitable to the duties of the
position will fill those positions as they become available and, in
the interim, will retain all compensation of the rank as well as
seniority.
2. An employee who is a member of the bargaining unit and who
holds a paramedic certification shall be hired, upon application,
into any such position that is opened by the City that requires
such paramedic certification, If more than one qualifying
employee makes application for the position, the applicant that
has held the paramedic certification as a member of the
bargaining unit the longest shall be selected or if the applicants
have identical certification seniority, the seniority of service in
the bargaining unit shall prevail.
30. REPLACEMENT RADIOS/PAGERS
a. The City agrees to provide a text message paging system for all emergency
response personnel. Should the paging system chosen by the City have features
available in addition to those provided by the city, and should individual
firefighters request those options, the city may allow those individuals to choose
those options and will provide for payroll deduction for any additional costs.
b. The City also agrees to allow off -duty firefighters the use of excess radios/or
radio paging system to maintain communication with the on -duty firefighters,
when that firefighter agrees to make a reasonable attempt to respond for off -duty
emergency call-back.
31. DURATION AND TERMINATION
a. This Agreement shall be effective July 1, 2022 and shall remain in full force and
effect through June 30, 2025. After ratification and execution, this Agreement
CBA Between the City of Kalispell and lAFF Local No. 547 — Page 17
shall not be modified in whole or in part by the parties except by instrument, in
writing, duly executed by both parties.
b. The parties hereto acknowledge that during the negotiations which resulted in
this Agreement, each had the unlimited right and opportunity to make demands
and proposals with respect to any subject or matter appropriate for collective
bargaining, and that the understandings and agreements arrived at by the parties
after the exercise of that right and opportunity are set forth in this Agreement.
Therefore, the City of Kalispell and the International Association of Firefighters,
Local #547, for the life of this Agreement, each voluntarily and unqualifiedly
waives the right, and each agrees that the other shall not be obligated to bargain
collectively with respect to any subject or matter, even though such subject or
matter may not have been within the knowledge or contemplation of either or
both of the parties at the time that they negotiated or signed this Agreement. All
terms and conditions of employment not covered by this Agreement shall
continue to be subject to the City's direction and control.
c. This Agreement shall automatically be renewed from year to year and shall be
binding in additional periods of one year unless either the City or Local #547
gives written notice to the other not later than May 1, next prior to the aforesaid
expiration date of the Agreement of its desire to modify the Agreement for a
successive term or to terminate the Agreement.
DATED THIS DAY OF
CITY OF KALISPELL
By:
City Manager
2022 at Kalispell, Montana
LOCAL 547, INTERNATIONAL
ASSO N OF FIREFIGHTEW
By:
President
Secretary/Treasurer
CBA Between the City of Kalispell and IAFF Local No. 547 - Page 18
APPENDIX A
WAGE RATES
(FY 2023, 2024, 2025)
July 1, 2022 through June 30, 2025
July 1, 2022 through June 30, 2023 (FY 2023):
TITLE
BASE WAGE
Probationary
$23.42
Firefighter 1
$26.02
Firefighter 2
$26.80
Engineer
$27.32
Captain Step-1
$28.62
Captain Step-2
$29.92
Captain Step-3
$31.23
Paramedic Pay = 7% of Firefighter I wage.
EMT -Advanced = 3.5% of Firefighter I wage.
Team Certification Pay 2°•0 of Firefighter I.
FTO = 4% of Firefighter I (while actively on shift with
Trainee)
Team Leader = 2% of Firefighter I
Quartermaster = 2% of Firefighter I
EMS Coordinator = 5% of Firefighter I
Longevity = 1.3% of Firefighter I
° o of Firefighter I
90%
iff/o
103%
105%
110%
115%
120%
CBA Between the City of Kalispell and IAFF Local No. 547 — Page 19
July 1, 2023 through June 30, 2024 (FY 2024):
TITLE
BASE WAGE RATE - -
% of Firefighter 1
Probationary
$24.35
90%
Firefighter 1
$27.06
100%
Firefighter 2
$27.87
103%
Engineer
$28.41
105%
Captain Step-1
$29.77
110%
Captain Step-2
$31.12
115%
Captain Step-3
$32.47
120%
Paramedic Pay = 8% of Firefighter I wage.
EMT Advanced = 3.5% of Firefighter I.
FTO = 4% of Firefighter I
Team Leader = 2% of Firefighter I
Quartermaster = 2% of Firefighter I
EMS Coordinator-- 5% of Firefighter I
Team Certification Pay =2% of Firefighter I
Longevity = 1.3% of Firefighter I
CBA Between the City of Kalispell and IAFF Local No. 547 — Page 20
July 1, 2024 through June 30, 2025 (FY 2025):
TITLE
Probationary
Firefighter 1
Firefighter 2
Engineer
Captain Step-1
Captain Step-2
Captain Step-3
BASE WAGE RATE
Paramedic Pay - 8.75% of Firefighter I
wage.
EMT Advanced = 3.5% of Firefighter I
Team Certification Pay = 2% of Firefighter I
FTO = 4% of Firefighter I
Team Leader = 2% of Firefighter I
Quartermaster = 2% of Firefighter I
EMS Coordinator = 5% of Firefighter I
Longevity = 1.3% of Firefighter I
$25.33
$28.14
$28.98
$29.55
$30.95
$32.36
$33.77
% of Firefighter I
CBA Between the City of Kalispell and IAFF Local No. 547 — Page 21
90%
100%
103%
105%
110%
115%
120%