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08. Union Contract Approval - Firefighters AssociationAGREEMENT BY AND BETWEEN THE CITY OF KALISPELL m THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL UNION NO. 547 JULY 1, i9951998; - J'tJNE 30, 399��DQ ................... THIS AGREEMENT, made and entered into this f day of lff�Dece:?er, i951998, 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". PURPOSE 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 which may arise; and to establish proper standards of wages, hours, and other conditions of employment. I. RECOGNITION The Employer recognizes the Union as agent for all the employees of the Fire Fire Chief and the Assistant Fire Chief. II. AGENCY SHOP AVAILABILITY OF UNION MEMBERSHIP the exclusive bargaining Department excluding the Membership in the Union is available to all employees, upon ' completion of;:probati©n .:arid_ confirmation .of ; employee by the Manager and consent of the Council, 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 hireconfirmed. 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 thereunder, 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. Agreement Page 1 of 13 In accordance with the above mentioned, all employees who do ................................ . not become members of the Union,, upon nom± tio,nQonfirm.at16A by the Manager- Cal d by the ec o`dnel, shall after 31 days, as a condition of continuing employment, pay to the Union each month an amount of money equal to that paid by other employees in the bargaining unit who are members of the Union, which amount shall be limited to an amount of money equal to the Union's regular and usual initiation fees and its regular and usual dues. For present employees who do not choose to become members of the Union, such payments shall commence 31 calendar days following the date of execution of this Agreement. The Employer agrees to deduct Union dues, Initiation fees, or fair share fees of non -union members from the wages of employees who provide the Employer with a voluntary, written authorization, which shall not remain in force beyond the termination of this Agreement. Such deductions will be made by the Employer from the wages of employees on a prorated basis each pay period of each calendar month and will be transmitted to the appropriate recipient by the 20th day of the following month. 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. The Employer shall promptly notify the Union in writing of any revocation of the aforesaid authorization. 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 __ _prcvisions of this Article and as drQctdriri�nq by the env. III. DISCRIMINATION The Employer agrees not to discriminate against any employee for his 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, or sex. The Employer recognizes that the desire of the employees to join the Union and to be represented by the Union will repose Agreement Page 2 of 13 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. IV. UNION BUSINESS 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 of the employee to provide for his replacement on shifts during such absence. A grievance chairman shall be allcwed 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. V. PREVAILING RIGHTS All rights and privileges held by the employees at the present time which are not included in this Agreement shall remain In full force, unchanged and unaffected in any manner, unless changed by mutual agreement. 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. 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 an employee of the Fire Department be dismissed without just cause. VI . _ ' MAJGR S;HI FT' loy'e'r- agrees that its Zffiali comply in f - - - .U.L 1- IL-011dUct ro �s -rs e - :. .. - parties - . - Agreement Page 3 of 13 Employees shall have the right to exchange shifts upon approval of the Fire Chief, or in his absence, the Assistant Fire Chief. VII. SALARIES Salaries to be paid by the Employer are set forth in Appendices A, B and C, attached hereto and by this reference made a part hereof. Any employee covered hereunder required to accept the responsibilities and duties of a higher classification or rank for beginning of the third-sh±ft, be id fcr all the shifts two (2�) conaecutive twenty four (24) hour shifts shaH, at or more hours in a`sh ft will ±,Lper±vjd at the h±gher rate of paybe paid a2€3 00 mQre far, that shift. VIII. CALL BACK _AY A) FIRE CALL BACK. An employee who has completed his scheduled shift and who is subsequently recalled to duty prior to his next shift shall receive a minimum reporting sum equivalent to two (2) hours of pay at time and one-half (1-1/2) his applicable rate of pay when the recall is for the e:xp ess—purpose of fire ............................. carte tebve rage . B) AMBULANCE CALL BACK. An employee that has completed his scheduled shift and is subsequently called back to replace on duty firefighters who are performing ambula- ce duties will receive a flat rate of $36.5e$38.90 per ambulance call, and, in the event, said call back results in more than_ twc (2) hours, said employee shall be compensated at one and one-half times the employee's hourly rate for actual time worked in excess of said two (2) hours. Only EMT qualified employees will be utilized under this section. For the duration of this contract, the anit agrees to supply the manpower to cover the needs of the ambulance service. C) COMPENSATORY TIME. For purposes of compensatory time off, the Rules & Regulations, (Federal Register, Vol. 52, No. 11), as promulgated by the U.S. Department of Labor require that: 1) Firefighters shall be compensated under a "27" day work period for any work within that schedule which results in a maximum hour standard of over 168 hours. 2) 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. Agreement Page 4 of 13 3) Compensatory time received by Firefighters in lieu of cash shall be at the rate of one and one-half hours of compensatory time for each hour of overtime work. 4) Firefighters s ray be allowed to accumulate not more than 480 hours of compensatory time off for overtime hours worked. The 480 maximum compensatory time off shall represent not more than 320 hours of actual work. Firefighters who have accrued the maximum 480 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 under Paragraph 1, supra. Said compensation shall be paid in the pay period earned. a} The r6quest for compensatory time >of shall; Ike rude in . the same 'mar�hex : t o ......... ...._ _ .._.... . recruestIs for Vacation ;time:are made..and b) the. request. for compensatory ,ti e, off shall_ be uad whin .. t pQssill eF at Tease' tiro weeks prior to tj c} hefty` may, at dsciefxuse compensatory :time; off, , which '. such ;tame off. would dasrpt ;hs City, s - Qperatiori:; Agreement Page 5 of 13 d) Employer agrees to allow covered employees to cash in up to forty (40) hours of accrued compensatory time each November 1st. �6) Regardless of the terms of this Article, the City, at its option, may compensate Firefighters with cash in lieu of providing compensatory time off in any work week or work period. Overtime payment in cash, in whole or in part, shall not affect subsequent granting of compensatory time off in future work periods. Payments for accrued compensatory time may be made at any time and shall be paid at the regular rate earned by the Firefighter at the time the employee receives payment. -&7) - Upon termination of employment, a Firefighter shall be paid for unused compensatory time at a rate of compensation not less than: a) The average regular rate received by such employee during the last three years of the employee's employment, or b) The final regular rate received by such employee, whichever is higher. IX. HOLIDAYS Employees shall be granted the fol�owing holidays without loss of pay: A. New Year's Day January I B. Martin Luther King's Day 3rd Monday in January C. President's Day 3rd Monday in February D. Memorial Day Last Monday in May E. Independence Day July 4th F. Labor Day First Monday in September G. Columbus Day 2nd Monday in October H. Veterans Day November 11 I. Thanksgiving Day 4th Thursday in November J. Christmas Day December 25" K. State -Election Day It is understood and agreed between the Employer and the Union that the above listed holidays have previously been rolled into the base pay of the employees covered by this Agreement. Agreement Page 6 of 13 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, the holiday so established shall be granted to employees covered by this Agreement, and added into the base. X. VACATIONS AND SICK LEAVE Vacations and sick leave shall be governed by State Law governing public employees, to -wit: Sections 2-18-611 through 620, MCA. :A copy of said sections are attached as Exhibit "A" and by this reference made a part hereof. The Union and the Employer agree to the present method of scheduling vacations. XI. LONGEVITY PAY, HEALTH AND WELFARE BENEFITS goo A. Emplo r and the Unionagree that 1€ gev t pay requ re€ finde�has been A subj ect:: of collective bargaidning and said pay is.; nc sided i the Appei'dlees to this Agree e' Tlt: B. For the period of this Agreement commencing on July 1, i9951998 through June 30, ( the City shall determine the insurance carrier and contribute the amount determined by the employee's status (single, married, or family) up to the following amount: Single $189.00 Married $399.00 Family $464.00 each month toward Health Insurance Coverage. the 193 199 dollar, amount paid by th*e �1tr;Increases up to the cap ter-: deceass, the amount -will he dpdte_cran ohs image schedule or added td the wage schedule.' Employees covered by this Agreement shall Agreement Page 7 of 13 pay any increase in the cost of health insurance above the cap. agrees fur eril covered rrembers. 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. E. s,!r Except if changed by the Katy=wide., .i sura e _ _ committee and approved by a 'City-wide vote, si id coverage shall remain equal to or better than the coverage of July 1, 1995. XII. OPERATORS INSURANCE The C ty shall provide adequate liability insurance-amsur.a.n.c.o protection as..set forth in. State law for every member of the bargaining unit uperatingzl performing in the scope of their employment. XIII. LEAVES OF ABSENCE 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. 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. Agreement Page 8 of 13 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. 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 military unit concerned. IV 4 .- . .-. XIV. NO STRIKE CLAUSE 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 of 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. XV. GRIEVANCE PROCEDURE Grievances or disputes which may arise, including the interpretation of this Agreement, shall be settled in the following manner: Step 1. The Union Grievance Committee, upon receiving written and signed petition, shall determine if a grievance exists. If in their opinion no grievance exists, no further action is necessary. Agreement Page 9 of 13 Step.. 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. Step 3. If within ten (10) business days the grievance has not been settled, it shall be submitted to the City's Chief Executive Officer for adjustment. 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. XVI. 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;o a party, the parties hereby agree to meet within thirty (30) days thereafter to negotiate the modifications of the affected provisions. XVII. EMPLOYEE BENEFITS XVIII. UNIFORM AND ;L_EANING ALLOWANCE It is understood and agreed between the Employer and the Union that the Uniform and Cleaning Allowance, heretofore included as a separate item of compensation under previcus collective bargaining agreements, has been, and is her-, - -~eluded in the base pay calculations of the Appendices, hereto. XIX. VACANCIES AND PR0'__=IONS The City shall endeavor to prompt± fill tMit ity dec aree vacancies within days, Agreement Page 10 of 13 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.>e .._ ....._...._ _ _. __ . _. City ;ai3 3 seek the .:npu of therion before dec�.diri>grhether v ricst to fill position(s). Promotions shall be awarded on the following basis: A) A Promotion Board shall be established consisting of the Fire Chief, the Assistant Chief and two (2) Fire Captains selected by the Union. B) 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. 2) Required testing and evaluation shall be established and administered by the Promotion Board. C) Longest departmental seniority of employees applying for the position. 1) Actual longevity, as well as time in grade, will be considered. D) Past performance of applicants. 1) Applicants' personnel files shall be made available to Promotion Board, with attention to employee history considering work ethic, attitude and performance. Agreement Page 11 of 13 XX. DURATION AND TERMINATION This Agreement shall be effective July 1, , 19 9 8 arid. _ sal remain in full force and effect through June' 3t3 ' : . 2flfl . 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. The parties hereto acknowledge that during the negotiations which result 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. 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. Agreement Page 12 of 13 D a t e d t h i s __ ___ d a y o f , 1998., at Kalispell, Montana. CITY OF KALISPELL LOCAL 547, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS For the City BenceManager For the Union President Secretary -Treasurer Agreement Page 13 of 13 <OP) hNFNF r 00 p�pp �pA Y W P9®P)F F Fr r® n F{�t�� 1n C�ft ,j�fQ�{jAc7 p�eVr ra�p0®0 ®Ol�h.o4�Hfaf YM4>' NNrr��op C> NAI'l�eht�lb9A�R�f r�IS PSmmO��f�cf fg) a a Pfpp Oc7h�y FNh rp 40p 00 W fW trfQ M0 P)FNh N♦f♦gyp ? 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