10. Collective Bargaining Agreement - Kalispell Firefighters0
Tel 406.758.7709
Fax 406.758.7771
charball @kalispell.com
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TO: Mayor Tammi Fisher
and Kalispell City Council
FROM: Charles Harball, City Attorney
Jane Howington, City Manager
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SUBJECT. Motion to Approve the Collective Bargaining Agreement
between the City and the 1AFF Local 547
MEETWG DATE: March 21, 2011 — Regular Council Meeting
BACKGROUND.-P The City Council previously received a copy of the Arbitrator's
Decision in the binding arbitration between the City and the IMF Local 547 firefighters
union. The City staff has worked with the union to produce the collective bargaining
agreement that conforms to this decision and union has now signed the agreement
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confirming that it is in conformance. The city staff has given careful consideration to the
form of the agreement and also concurs that it conforms to the decision.
The City Manager now requires the consent of the Council to execute the collective
bargaining agreement on behalf of the City. Because this agreement was subject to the
decision of an arbitrator in binding arbitration the Council needs only consider whether
or not the agreement accurately reflects that decision.
RECOMMIENDATION: That City Council move to authorize the City Manager to
execute the collective bargaining agreement with the IAFF Local 547.
FISCAL IMPACTS: The fiscal impacts are substantial and will be discussed with
Council in future meetings as the budget is being developed.
Respectfully submitted,
Charles Harball, City Attorney
jane Howington, City M ager
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ll11.4
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July 1, 2009 through June 30, 2013
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P URP O S E ... .. .. .......... ► . . .. .. .. . . .. .. . . ..... .......... ......... . . . . .. . ... ... ...... . ► ... . ... . ► .... . ... . . . .. . . ..... . .. .. . .. 3
II.
RECOGNITION........................................................................................................... 3
III.
AGENCY S I IOP.......................................................................................................... 4
IV.
DISCRIMINATION.....................................................................................................5
V.
UNION BUSINESS.....................................................................................................5
VI.
PREVAILING RIGHTS..............................................................................................6
VII.
MAJOR SHIFT CHANGE...........................................................................................6
VIII.
SALARIES...................................................................................................................
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IX.
CALL BACK PAY......................................................................................................
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X.
COMPENSATORY TIME..........................................................................................
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XI.
KELLY DAYS.............................................................................................................
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XII.
HOLIDAYS...............................................................................................................
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XIII.
SHIFT TRADES:.......................................................................................................
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XIV.
VACATIONS, SICK LEAVE & PERSONAL DAYS ..............................................
I O
XV .
BEREAVEMENT` LEAVE........................................................................................
I I
XVI.
I IEALTH AND 'WELFARE BENEFITS...................................................................
1 2
XVII.
FIREFIGHTER GRADE CLASS AND CERTIFICATION 1 TRAINING
REQUIRE:M:ENTS.....................................................................................................
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XVIII.
FIREFIGHTER INDEMNIFICATION.....................................................................
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XIX.
LEAVES OF ABSENCE...............................................................................I...........
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XX.
AL.TERNATE WORK...............................................................................................
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XXI.
SAFETY.....................................................................................................................
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XXII.
NO STRIDE CLAUSE...............................................................................................
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XXIII.
GRIEVANCE PROCEDURE....................................................................................
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XXIV.
SAVINGS CLAUSE ............ o ..............
.......................................................................
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XXV.
EMPLOYEE BENEFITS...........................................................................................
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XXVI.
UNIFORMS...............................................................................................................
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XXVII.
VACANCIES AND PROMOTIONS........................................................................
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XXVIII.
REPLACEMENT RADIO SIPAGERS......................................................................
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XXIX.
DURATION AND TERMINATION........................................................................
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APPENDIXA...........................................................................................................................
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THIS AGREEMENT made and entered into this day o f 20111 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".
I. 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.
a. .Enn to e's Reeo nition OL 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 RecQgnition-OL Management PreLq ative. 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 o Mana ernent Ri Tits. 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:
i. To manage and direct the employees of the City.
ii. To hire, promote, transfer, schedule, assign, and retain employees in
positions with the City.
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iii. To suspend, demote, discharge, or take other disciplinary action against
employees for j ust cause.
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.
vii. organization of City goverment.
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.
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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. Membership in the
Union shall be separate, apart and distinct from assumption by each employee of
his/her equal obligation to supply the financing of the cost of collective bargaining
from which the employee receives benefits equal to those received by Union
members. 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.
Inasmuch as the terms of this Agreement have been made for all employees in the
bargaining unit and all employees derive benefits there under, it is fair that each
employee in the bargaining unit assume his/her fair share of the obligation along
with the grant of equal benefits contained in this Agreement.
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c. In accordance with the above mentioned, all employees who do not become
members of the Union shall after 31 days, as a condition of continuing
employment, pay to the Union each month an amount of money equal to an
amount determined by the Union to be a fair representation fee.
d. 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.
e. 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.
f. 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.
g. The Employer shall promptly notify the Union in writing of any revocation of the
previously mentioned authorization.
h. 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.
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.
V. 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 and compensatory time against other employees within the Union
for union compensation purposes. A grievance chairman shall be allowed time off
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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.
VI. 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):
i. 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,
iii. It has occurred at least once within the cntract 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.
VII. 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 five (5) 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.
VIII. SALARIES
a. Salaries to be paid by the Employer are set forth 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 �� =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.
i. Paramedics shall receive additional pay equal to seven percent (7%) of the
base pay for a firefighter I;
ii. Employees who are not certified paramedics but who hold an EMT-B
certification, shall receive additional pay equal to three and a half percent
(3.5%) of the base pay for a 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 I;
d. The sum of the employee's base pay, plus team pay, plus paramedic or EMIT-B
pay plus longevity pay shall be considered the employees regular hourly wage for
the purpose of calculating overtime compensation.
Ix. 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.
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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:
b . FLSA Stwi daYcls .
i. Firefighters may work a maximum of 212 hours in an FLSA period of 28
days for regular pay.
ii. 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
ill. Firefighters required to work on days other than their normal shift will be
paid at the rate of time -and --one half, even if they have worked less than
212 hours in the 28 day FS period.
iv. For firefighters who are exercising the option of working their Kelly Day
for straight time; time on sick, vacation, comp, or departmental leave will
not be counted towards the 212 hours.
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 maxmun
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.
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g. Employer agrees to allow covered employees to cash in up to forty (40)
hours of accrued compensatory time each November 1 S`
h. overtime payment in cash, in whole or in part, shall not affect subsequent granting
of compensatory time off in future worm periods.
i. Upon termination of employment, a Firefighter shall be paid for unused
compensatory time at a rate of compensation not less than:
i. The average regular rate received by such employee during the last
three years of the employee's employment, or
ii. The final regular rate received by such employee, whichever is
higher.
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a. A Kelly Day is defined as a scheduled day off without pay. Each firefighter will
work an average of 51.58 hours per week.
b. Additional scheduled hours will be considered Kelly Days.
c. The Kalispell Fire Department will post available days where a vacancy has been
caused by a Kelly Day.
d. These shifts may be worked by the firefighter that causes the Kelly Day as long as
the Kelly Day falls in a pay period that the firefighter does not exceed 216 FLSA
hours, including the Kelly Day.
e. Working Kelly days is voluntary and is not required by the Employer.
f. The Employer will make every attempt to post available Kelly Days immediately
following vacation selection.
g. Kelly Days not chosen by the firefighter causing the Kelly Day may be chosen and
worked by other personnel.
h. Kelly Days not chosen by the firefighter causing the Kelly Day will be made
available to other personnel within 30 days of the available Kelly Day.
i. other firefighters will be selected first come, first served, with seniority being the
tiebreaker.
j . other firefighters working these .Kelly Days must not exceed 216 FLSA hours.
k. For the period of July 1, 2010 through June 30, 2011, the total number of Kelly
Day work backs may not exceed 75.
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a. The following are established as City holidays for the duration of this agreement:
i. New Year's Day
ii . Martin Luther King's Day
iii. President's Day
iv. Memorial Day
v. Independence Day
vi. Labor Day
vii. Veterans Day
viii. Thanksgiving Day
ix. Day after Thanksgiving
x. Christmas Day
xi. State -Election Day
January 1
3 rd Monday in January
3 rd Monday in February
Last Monday in May
July 4`h
I" Monday in September
November 11
4th Thursday in November
41h Friday in November
December 25 h
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 one vacation time bank.
a. Shift trades between 24 hour 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.
XIV. 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.
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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, e.g. an employee working 2682 hours per year shall earn vacation
credits at a rate of 129% of the statutory schedule.
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 2084 hours per year shall likewise accrue sick leave credits on
a pro rata basis. The Union and the Employer agree to the present method of
scheduling vacations.
f. Two Personal Days, 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.
a. In the event of death of an immediate family member of the employee, or an
immediate fancily 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 vi. Foster parent
ii. Child vii. Sibling
iii. Step -child viii. Step --sibling
iv. Parent ix. Grandparent
v. Step-parent
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a. For the period of this Agreement commencing on July 1, 2010 through June 30,
2013 the City shall determine the insurance carrier and contribute the amount
determined by the Insurance Committee, based on the employee's status (single,
married, or family), up to the following amount:
l . Single $ 505.00
?. Married $721.05
3. Two Party $808.50
4. Family $11100.32
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 in 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.
GRADEXVII. FIREFIGHTER `" CERTIFICATION / TRAINING
REQUIREMENTS
a. Probationary Firefighter
i. Zero (0) to One (1) year of service or non -confirmed
b. Firefighter I
i. Must have completed Probationary Firefighter and Firefighter I task books
ii. Confirmed firefighter
c. Firefighter I1
i. Three (3) years as a firefighter with Kalispell Fire Department
ii. Must have completed Firefighter II task book
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d. Engineer
i. Must be at least a Firefighter II
ii. Must have completed Engineer task book
iii. Passage of a promotional test
e. Lieutenant
i. Must be at least a Firefighter II with live (5) years with KFD
ii. Must have completed Engineer task book
iii. Must have completed Fire Officer I task book
iv. Passage of a promotional test
Captain
i. Must have been a Lieutenant for KFD for a minimum of three (3) years.
ii. Must have passed the promotional test for Captain.
iii. Must have completed Fire Officer II task book
a. Pursuant to M. CA §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. CA. §2-9-305(6).
XIX. LEA ■ ES 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
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authorities. Such leaves will be granted by the Employer upon prompt employee's
presentation of the official notice of military unit concerned.
d. Loss of Rights. An employee shall lose all rights under this Agreement, if 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.
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.
i. The employee and management agree to work to coordinate these
appointments that are beneficial to both.
f: The employee while on alternate duty within the .Fire Department shall wear
his/her uniform.
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 tinges for the purpose of
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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.
XXII. NO STRIKE CLAUSE
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 4f,5ork
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.
a. Grievances or disputes that may arise, including the interpretation of this
Agreement, shall be settled in the following manner:
i. -The Union Grievance Committee upon receiving written and
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signed petition, shall determine if a grievance exists. If in their opinion no
grievance exists, no further action is necessary.
ii. St�.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.
iii. 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. Ste„v44. 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.
xxly. SAVINGS CLAUSE
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.
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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.
XXVI. UNIFORMS
a. Uniforms will be furnished through a quartermaster system. The City will
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; one pair of workout trunks; and all required accessories,
such as badge and collar hardware.
c. Beginning Jul 1 2006 the City oVrA e reimbursement costs u to $250.00
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toward the purchase or repair/resoling of black, NFPA approved uniform boots,
when replacement need is confirmed by the Quartermaster. The department also
will provide one uniform belt.
d. All uniform and 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.
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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 positions). Promotions shall be
awarded on the following basis:
b. A Promotion Board shall be established consisting of the Fire Chief, the Assistant
Chief and two (2) Fire Captains selected by the Union.
c. Qualifications for the position and the ability to perform in the position.
i. The City has the authority under this section to require testing of the
employee's ability to perform specific tasks required of the position.
ii. Required testing and evaluation shall be established and administered by
the Promotion Board.
d. Longest departmental seniority of employees applying for the position.
i. Actual longevity, as ,well as time in grade, will be considered.
e. Past performance of applicants.
f. Applicants' personnel files shall be made available to the Promotion Board, with
attention to employee history considering work ethic, attitude and performance.
g. Existing rank of personnel,
i. 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.
XX III. REPLACEMENT RADIOSIPAGERS
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 chose
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 nuke a reasonable attempt to respond for off -duty emergency
call --back.
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a. This Agreement shall be effective July 1, 2009 and shall remain in full force and
effect through June 30, 2013. After ratification and execution, this Agreement
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 resultA this
P g g g s
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 teams
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
City Manager
2011, at Kalispell, Montana.
LOCAL 547, INTERNATIONAL
ASSOCIATION IREFIGHTERS
President
Its/ I I
Secretary-T
FY 2010, 2011, 2012, and 2013
(July 1, 2009 through June 30, 2013)
July 1, - through June 30, e (FY 2010):
Pay rates remain the same as provided for in the one-year extension of the 2005-2008 collective -
bargaining agreement.
July 1, 2010 through June 30, 2011 (FY 2011):
TITLE
BASE WAGE RATE
% of Firef titer I
Probationary
$16.20
90%
Firef hter 1
$18.00
100%
lirefighter 2
$18.54
103 %
Engineer
$18.90
105%
Lieutenant
$19.80
110%
Saptain
$21.60
120%
Paramedic Pay = 7% of Firefighter I wage:
EMIT -Basic Pay = 3.5% of Firefighter I wage:
Team Certification Pay = 2% of Firefighter I wage:
Longevity = 1.3 % of Firefighter I wage:
July 1, 2011 through June 30, 2012 (FY 2012).
$1.26 per hour
$0.63 per hour
$0.3 6 per hour
$0.23 per hour per year
TITLE
BASE WAGE RATE
% ❑f Firefighter I
Probationary
$ 16.20
90%
Firefighter 1
$18.00
100%
Firefi titer 2
$18.54
103 %
Engineer
$18.90
105 %
Lieutenant
$19.80
110%
Captain
$21.60
120%
Paramedic Pay = 7% of Firefighter I wage: $1.26
EMIT --Basic Pay = 3.5% of Firefighter I wage: $0.63
Team Certification Pay = 2% of Firefighter I wage: $0.36
Longevity = 1.3% of Firefighter I wage: $0.23
per hour
per hour
per hour
per hour per year
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July 1, 2012 through June 30, 2013 (FY 2013):
TITLE
BASE WAGE RATE
% of Firefighter I
Probationary
$1 f .59
90%
Firefi hter 1
$18.43
100%
-Firefighter 2
$18.98
103%
Engineer
$19.35
105%
Lieutenant
$20.28
110%
Captain
$22.12
120%
Paramedic Pay = 7% of Firefighter I wage: $1.29
EMT -Basic Pay = 3.5% of Firefighter I wage: $0.65
Team Certification Pay = 2% of Firefighter I wage: $0.37
Longevity = 1.3% of Firefighter I wage: $0.24
per hour
per hour
per hour
per hour per year
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