Agreement Between Wayne Township, Marion County of Indianapolis and Wayne Township Professional Firefighters, Local 416 EFFECTIVE January 1, 2015 through December 31, 2015 Proposed September 9th, 2014 Page 1 Table of Contents: Page Article I Period of Agreement…………………………………..3 Article II Conditional Recognition……………………………....4 Article III Association and Township Rights and Obligations…...4 Article IV Miscellaneous……………………………………….....7 Article V Non-Discrimination…………………………………..10 Article VI Terms and Conditions of Agreement………………...11 Article VII Salary………………………………………………....11 Article VIII Fringe Benefits…………………………………….....15 Article IX Other................………………………………………17 Proposed September 9th, 2014 Page 2 Agreement This agreement is between Wayne Township, Marion County Indiana, (hereinafter referred to as “Township”) on behalf of the Wayne Township Fire Department, (hereinafter referred to as “Department”) and the Wayne Township Professional Firefighters Association, Local 416 (hereinafter referred to as “Association”). The general purpose of this agreement is to set forth the salary and fringe benefit structure applicable to certain fire fighters, civilian EMS and administrative civilian personnel employed in Wayne Township and to promote orderly and peaceful labor relations for the mutual interest of the Township, the Department and the Association. It is hereby recognized that in this agreement where it states “his” is referring to “his/her”. Witness: That to facilitate harmony and efficiency to the end that the Township and the Association and the general public may mutually benefit, the Township and the Association have the following understanding: Article I Period of Agreement Section 1 –Duration This agreement shall take effect January 1, 2015 and shall continue in force and effect until 12:00 midnight, December 31, 2015. This agreement shall remain in full force and effect from year to year thereafter, unless either party desiring to amend this agreement shall notify the other in writing. Notice of a request for amendment shall specify the content of any and all proposed amendments. If no understanding by the parties has been reached by the expiration date, this agreement shall continue in full force and effect until a new agreement is reached by the parties or for a period of one (1) year, whichever is shorter. If no agreement is reached within one year, this agreement may be extended for additional periods of time by written agreement of both parties. Section 2 -Complete Agreement This document and associated side letters constitute the sole and complete agreement between the parties. All terms and conditions of employment not covered by this agreement shall continue to be subject to the Township’s and Department’s direction and control. Proposed September 9th, 2014 Page 3 Section 3 –Separability In the event that any provisions of this agreement are found to be inconsistent with existing statutes or ordinances/resolutions, the provisions of such statutes or ordinances / resolutions shall prevail; and if any provision herein is found to be invalid and unenforceable by a court or other authority having jurisdiction, then such provision shall be considered void, but all other valid provisions shall remain in full force and effect. The parties hereto agree to notify the other of any ruling in that regard Article II Conditional Recognition Section 1 – Recognition The Township recognizes the Association as the exclusive bargaining agent to bargain on matters of compensation, benefits and work conditions on behalf of the sworn full time members of the Department of the rank of Battalion Chief or below (“firefighters”); all full time civilian EMS employees (“civilian EMS”) and all other full time fire department civilians employees (“administrative civilians”). The Association shall have no right to act as the bargaining agent for firefighters serving in any appointed ranks above the rank of Battalion Chief, nor paid part time firefighters, EMT’s paramedics or other civilian employees. The terms “firefighter” or “employee” when used in this Agreement shall refer only to those firefighters or civilians within the recognized unit described in Article II. Article III Association and Township Rights and Obligations Section 1 Association Rights a. Dues Check off. Upon receipt of voluntary, written, current, signed authorizations in such form as complies with the laws of the State of Indiana, from members of the Local 416 covered by this Agreement, the Township shall deduct each month from the earnings of such employees, an amount representing their Association dues for the preceding month. The Township shall remit such monies to the Association or its designated official. The Association shall establish the amount of the dues and agrees to notify the Township of any changes 30 days in advance. The Township shall not be liable to the Association for any failure to make such deductions. In the event of an overcharge already remitted to the Association, it shall be the responsibility of the Association to adjust the matter with the employee. The Association will indemnify the Township and hold it harmless from any or all claims or liabilities which arise under this paragraph. The Association shall be allowed up to two (2) separate dues assessments as provided with the listed above conditions. Proposed September 9th, 2014 Page 4 b. Bulletin Boards. The Association shall have access to all bulletin boards within normal work areas of covered employees for the purpose of posting Association notices. The Wayne Township Fire Chief, (hereinafter referred to as “Chief”) or his designee shall first approve such notices. The Association may have an internet bulletin board on the Department’s Computer System. The Department has the right to remove, or use reasonable means to prevent the posting of items, it deems offensive or otherwise inappropriate. The Association shall be allowed to use the Department email system to correspond with its members and make them aware of information. c. Non-Discrimination. Neither the Township nor the Association shall make any regulation affecting the right of any employee or employees to join, or refrain from joining, the Association or other lawful employee organization; provided that the Township shall retain the full right to control employees, actions, property and equipment during working hours and to control the use of Township premises. d. Time Off for Union Business. The Township and the Department recognizes the need to allow time off for union activities, functions, meetings, conferences/seminars or where elected officials of the Association must be in attendance. A reasonable amount of time shall be granted for elected officials/or designee of the Association to attend such gatherings. Union time shall be construed as time off from scheduled duty day, with pay. Time off shall be based on the understanding that the representative was on duty and not penalized in any way for the time off. The Association shall inform the Department no less than 48 hours prior to the date or time when the leave is to be taken. The Association and the Department through Labor/Management meetings shall agree on a reasonable amount of time and conditions for the leave. It is agreed that such leave can be denied if a suitable replacement for the representative cannot reasonably be arranged. Section 2 -Township Rights The Township, on its own behalf and on behalf of its citizens, hereby retains and reserves all powers, rights, authority, duties and responsibilities conferred upon and vested in it by the laws and the Constitution of the State of Indiana and the United States, Township resolution/ordinances and any modifications made thereto. Further, all rights which are ordinarily vested in and are exercised by employers except to the extent they are specifically relinquished herein are reserved to and remain vested in the Township, including but without limiting the generality of the foregoing, the right: a. To manage its affairs efficiently and economically, including the determination of quantity and quality of services to be rendered, the control of material, tools and equipment to be used, and the discontinuance of any services, material or methods of operations. Proposed September 9th, 2014 Page 5 b. To introduce new equipment, methods, machinery, duties, or processes, change or eliminate existing equipment and institute technological changes, decide on materials, supplies, equipment and tools to be purchased. c. To subcontract or purchase any or all work, processes or services, or the construction of new facilities or the improvement of existing facilities; d. To determine and change the number, location and type of facilities and installations. e. To determine the size of the workforce and increase or decrease its size. f. To hire, assign and lay off employees, to reduce the workweek or workday or effect reductions in hours worked by combining layoffs and reductions in workweek or workday. g. To direct the workforce, assign work and determine the number of employees assigned to operations. h. To establish, change, combine or discontinue job classifications and prescribe and assign job duties, content and classifications. i. To establish wage rates for any new or changed classifications for sworn personnel. j. To establish work schedules; and to, from time to time, change those work schedules. k. To establish work and productivity standards and to, from time to time, change those standards. l. To establish, maintain and revise rules and procedures for the administration of the Department. m. To discipline and discharge firefighters according to Merit Law. n. To adopt, revise and enforce working rules and carry out cost and general improvement programs. o. To transfer, promote and demote, (according to Merit Law), firefighters from one classification, division or shift to another. p. To select firefighters for promotion (according to Merit Law), or transfer to supervisory or other positions and to determine the qualifications and competency of employees to perform available work. q. To employ part time reserves to serve, as firefighters, EMT’s, paramedics, and other part time civilians. The department will consult with the Association before any changes in the number of operational reserves is implemented. Proposed September 9th, 2014 Page 6 r. To employ, transfer, and promote civilian EMS and administrative civilian employees under the same terms, conditions and rules as other non-fire department civilian employees of Wayne Township Section 3 -No work stoppage or Lockouts As the services performed by the employees covered by this agreement are essential to the administration of the department and to the welfare of the public dependent thereon, the Association agrees that in no event whatsoever, during the term of this agreement will the Association or any of the employees covered by this Agreement, initiate, authorize, sanction, encourage, support or engage in any strike, slowdown, concerted job action, work stoppage, “sick-out” or cease the continuous performance of their duties. The Township and Department agrees that no lockout shall take place during the term of this agreement. The Association acknowledges that any conduct, which violates this section, threatens irreparable harm to the public. The Association shall have no liability for unauthorized activity by employees in violation of this section subject to the agreement of the Association to immediately make a vigorous and bona fide effort to end all such activity in the event of a documented violation of this section, including, but not limited to, written notification to each offending employee that his/her activity is unprotected and is not authorized, supported or ratified by the Association. The parties recognize the right of the Department and the Wayne Township Fire Merit Commission, (hereinafter referred to as “Commission”) to take such disciplinary action as the Department and the Commission in their sole discretion deem appropriate, including discharge, against any employee(s) who participate(s) in a violation of Article III, Section 3, whether such action is taken against all of the participants or against only certain participants. The parties agree that the issue of whether the discipline imposed or recommended was uniformly applied to all members of the department who violate this Section shall not be raised in any proceeding before the commission or any subsequent appeal of the discipline, nor raised in any proceeding regarding an employee’s eligibility for unemployment compensation. It is understood and agreed by the parties that an employee does have the right to present evidence solely on the issue of whether he/she did, in fact, violate any of the provisions of Article III, Section 3. Article IV Miscellaneous Section 1 -Labor/Management When referred to in this agreement, Labor/Management will consist of the following people or their designee: Township Trustee, Fire Chief, Association President and the Association Trustee. Proposed September 9th, 2014 Page 7 Section 2 –Safety There shall be a Health and Safety Committee established within the Department. The Health and Safety Committee shall be composed of an equal number of representatives appointed by the Fire Chief and the President of the Association. Said committee shall meet at mutually agreeable times and places for the purpose of discussing health and safety problems and recommendations for the remedy of such problems. A reasonable number of meetings shall be held on not less than a quarterly basis. Any recommendations of the committee shall be presented to the Chief, who shall retain exclusive authority to implement, modify, or reject any recommendations. Any personnel assigned to committee, attending on their day off, will be paid their appropriate hourly rate for time spent at meeting. Requests for meetings involving the Health and Safety Committee may be initiated by the Fire Chief or the Health and Safety Committee Chairperson, who shall be appointed by the Fire Chief. The Chairperson shall prepare an agenda of items to be discussed and propose a date and place for such meeting. b. The Department and its employees covered herein shall comply with applicable federal, state, and local laws concerning safety and health. The Department shall make reasonable provisions for the safety and health of its employees during the hours of employment in compliance with applicable laws. On-the-job training for the operation and care of equipment shall be provided by the Department. In this regard, the Association and employees realize that they have joint responsibility to cooperate in maintaining safe practices in the Department. It is the responsibility of the employees to operate all vehicles, machinery and equipment in a safe manner. An employee who is found unable to do so may be disciplined, removed from the job, or assigned to do work which he/she is able to perform. Section 3 - Chief / Association Meetings There shall be established Chief/Association meetings held monthly between the Chief, or designee, and the President of the Association, or designee. The purpose of these meetings is to identify potential labor/management problems and find equitable solutions to these problems. Meeting dates and times shall be determined between both parties involved. Dates and times must be made in advance at least 7 days prior to meetings unless there is mutual agreement. The Association may request through the Fire Chief an emergency/urgent meeting with the time/location agreed upon by both parties. Section 4 A -Staffing of Apparatus For each piece of equipment in service, the Township and the Department will continue the current minimum number of staffed positions throughout the length of this Agreement: four (4) persons per engine/aerial and ladder, one Shift Commander and one Battalion Aide or Safety. Proposed September 9th, 2014 Page 8 The Department specifically reserves all rights contained in Article III, Section 2, but agrees to notify the Association in advance of any increase/decrease of apparatus. It is understood and agreed only career/merit firefighters will staff Wayne Township Fire Department apparatus, at no time during this agreement, any part-time firefighters will be utilized for any suppression activities, minimum staffing, or fill-in positions on Department equipment. This includes engines, ladders or aerial trucks, Battalion, or Safety vehicles. It is understood and agreed that this section in no way prohibits an apparatus from responding to any emergency run if the assigned number of personnel are not on the apparatus. Except as provided in Article III, Section 2 and based on the fire apparatus in use at the time of contract signing, the desired amount of firefighters working each shift shall be thirty (30). If the firefighter staffing level drops below the desired amount and the normal method of calling in overtime does not bring the level to desired amount, the department will utilize mandatory overtime to fill the necessary positions. If the department maintains a staff of at least 128 full-time paid firefighters, including chief officers, and if the firefighter staffing drops below the desired amount due to a significant number of firefighters being unavailable for work, due to vacations, sick leave, leaves of absence, and other leave or time off permitted by this agreement, the Department may, in its sole discretion, reduce the amount of desired firefighters working a shift. This provision does not limit the Departments authority under Article III, Section 2(e) and (f). Section 4- B EMS Staffing Preferred staffing on Ambulances is one Paramedic and one EMT. Section 5 -Fitness Facility The Department shall provide facilities or equipment to allow employees to maintain physical fitness. Any changes to this Policy will be developed through Labor/Management. Section 6 -Overtime Policy The current policy and procedure for callback and overtime except those noted in Article IV, Section 4 shall remain in force throughout the term of this agreement. Any changes to this Policy will be developed through Labor/Management except those noted in Article IV, Section 4. Overtime shall be paid as required by the provisions of the Fair Labor Standards Act (FLSA). Proposed September 9th, 2014 Page 9 Hours worked outside the normal hours or normal work responsibilities will be covered by department policy. Appointed officers and headquarters staff shall have the opportunity to fill shift vacancies on a temporary basis. At no time will such a person fill a position more than one rank above their appropriate merit rank or qualification and will wear appropriate helmet colors when doing so. These hours will be limited to twenty four, (24), hours in any given pay cycle, except during an emergency declared by the Chief. Only 12 hours per pay cycle may be pre scheduled all others must be called for shift by Telestaff using standard sign-up procedures. This section may be amended by separate agreement between Labor/Management. Section 7 -Bid System The policy and procedure for the Bid System, as approved in conjunction with this agreement, will take effect January 1, 2015, and shall remain in effect throughout the term of this agreement. Any changes to this Policy will be developed through Labor/Management. Section 8- EMS Advisory Committee The Department shall establish an EMS advisory committee comprised of no less than three (3) members. Any personnel assigned to committee, attending on their day off, will be paid their appropriate hourly rate for time spent at meeting. Any changes to this Policy will be developed through Labor/Management. Article V Non-Discrimination Section 1 - General Application The provision of this Agreement shall be applied equally to all employees without discrimination as to age, sex, race, color, disability, national origin, sexual orientation, or religion, except where specific age, sex or physical requirements constitute a bona fide occupational qualification, necessary to the proper and efficient administration of the department or as provided by law. The Township shall be responsible for treating its employees in accordance with the provisions this Section and the Association shall be independently responsible for representing the covered employees in accordance with the provisions of this Section. The Township and the Association shall enter no agreement which would violate the provisions of this Section. Proposed September 9th, 2014 Page 10 Article VI Terms and Conditions of Agreement Section 1 This agreement between the parties constitutes a one (1) year settlement for the calendar year 2015 based upon the following assumptions: a. That tax levies are granted by the appropriate authorities; b. That the department receives the revenue necessary to fund the operating and pension budgets. Section 2 In the event that any of the above conditions do not occur, then it is specifically understood and agreed by the parties that the Township may upon ten (10 days advance notice to the Association, specifying the reasons therefore, declare this Agreement open. The Township shall inform the Association of such declaration in writing. In the event of such declaration by the Township, the parties shall as soon as practicable begin new negotiations. Article VII Salary Anniversary for raises shall be no later than January 1, 2015 Section 1 –Merit Firefighter Salaries The base salary for all merit firefighters covered under this Agreement shall be increased by 2% for 2015 Merit Firefighter Salary Schedule: Battalion Chief Captain Lieutenant Engineer Firefighter I Firefighter II Probationary FF 2015 Salaries $83,052 $75,495 $68,632 $65,359 $62,247 $53,763 $43,009 Proposed September 9th, 2014 Page 11 Section 2 – Civilian EMS Income The hourly rates for all civilian EMS employees covered under this Agreement shall be increased by 2% for 2015. Civilian EMS hourly wage schedules: 40 hour work week Paramedic 3 $27.04 Paramedic 2 $24.45 Paramedic 1 $22.54 EMT 3rd year $18.76 2nd $16.91 EMT year EMT 1st year $15.22 Fluctuating Schedule (24/48/72) Paramedic 3 2014 Rate $20.60 Paramedic 2 $18.62 **Paramedic 1 $17.16 EMT 3rd year $14.29 EMT 2nd year $12.89 **EMT 1st year $11.60 Standard Schedule (48/48/48) Paramedic 3 2014 Rate $21.02 Paramedic 2 $19.00 **Paramedic 1 $17.52 EMT 3rd year $14.59 EMT 2nd year $13.14 **EMT 1st year $11.83 ** Current Employee transferring to the EMS Division. Proposed September 9th, 2014 Page 12 First year probationary civilian paramedics will be compensated at $14.41 per hour in 2015, First year probationary civilian paramedics will not have a work week reduction day, (Kelly Day), until they have completed one full year, (365 days), of service with the Department. First year probationary civilian EMTs will be compensated at $9.73 per hour in 2015. First year probationary civilian EMTs will not have a work week reduction day, (Kelly Day), until they have completed one full year, (365 days), of service with the Department. Section 3 -Stack pays For Merit Firefighters only Rescue Tech Hazmat Tech Hazmat Cert House Captain Stipend EMT Paramedic Certification and Wayne Affiliation or Paramedic on an ALS Unit not a full time ALS Apparatus Paramedic assigned to Department Specified Full Time ALS Apparatus 2015 $650 $650 $350 $1500 All members assigned to a rescue/tactical house. All certified members assigned to a Hazmat house (includes stack pay for certification. All members certified as Hazmat Technician. To all Merit Captains assigned as the Station House Captain. (Not for fill in Captains) All appropriately certified merit Firefighters $0 Moved to Pension Base $2,100 All appropriately certified merit Firefighters meeting the criteria $5,200 All appropriately certified and affiliated merit Firefighters meeting the criteria Additional stack pays may be added after agreement between the Chief and the Association. Policies will be covered by department policy. Any changes to this Policy will be developed through Labor/Management. Proposed September 9th, 2014 Page 13 Section 4 -Longevity Pay Longevity shall be determined by the employee’s years in service with the Department as of January 1st of each year and longevity pay shall be paid at 0.5% of 3rd year firefighter per year through twenty years. Longevity after twenty years will be an additional $50.00 per year. 2015 5 years $622 / EMS $0.22 Hr 6 years $934 / EMS $0.33 Hr 7 years $1245 / EMS $0.44 Hr 8 years $1556 / EMS $0.55 Hr 9 years $1867 / EMS $0.66 Hr 10 years $2179 / EMS $0.76 Hr 11 years $2490 / EMS $0.87 Hr 12 years $2801 / EMS $0.98 Hr 13 years $3112 / EMS $1.09 Hr 14 years $3424 / EMS $1.20 Hr 15 years $3735 / EMS $1.31 Hr 16 years $4046 / EMS $1.42 Hr 17 years $4357 / EMS $1.53 Hr 18 years $4668 / EMS $1.64 Hr 19 years $4980 / EMS $1.75 Hr 20 years $5291 / EMS $1.86 Hr Add $50 for each year above 20 / EMS $0.04 Hr Section 5 -Pension Contribution The Township shall continue to make a pension contribution of 6% of the salary of a first class firefighter w/20 years longevity on behalf of each firefighter with less than 32 years of service as provided for in I.C. 36-8-7-8(5) and I.C. 36-8-8-8(a). In addition the Township shall continue to make a pension contribution equal to the amount required for those members that are eligible for enrollment in the civilian PERF fund. Section 6 -Collateral Pay The Department shall have the authority to add collateral pay positions as needed. Section 7 -Holiday Pay For the duration of this contract holiday Pay will be paid on an hourly basis for all designated holidays. Any firefighter or civilian EMS employee at work on a holiday will be paid the corresponding rate. The rate of pay will be: 2015 ($9 hr) Proposed September 9th, 2014 Page 14 Article VIII Fringe Benefits Section 1 -Health Insurance The Township agrees to use its best efforts to maintain the current practice of contributing the majority of the cost of health, vision and dental insurance plans and a prescription drug plan provided to its employees. The department agrees to use its best effort to keep employee contributions the same during the term of this agreement. The Township has the right to change the provider and/or modify the terms of health, vision, dental, and prescription drug plans during the term of this agreement. The Association shall be notified and included in any renewal or negotiation meetings regarding health, vision, dental and prescription drug plans. The Township shall not be responsible for paying any premium or cost increases that exceed ten percent (10%) of that portion of the premium or cost paid by the Township on behalf of employees in the immediately preceding year. The Department agrees to notify the Association at least sixty (60) days in advance of any changes to the employee contributions. Section 2 -Retiree Insurance The Township agrees to contribute annually for each employee to a Post Employment Health Program policy. The appropriate amount will be deposited no later than January 30th of the calendar year for which the payment is due. The following will be the schedule of those amounts: 2015 $400 The township may augment this amount during the term of this Agreement if, at its sole discretion, the township determines that excess funds are available for that purpose. Section 3 - Life Insurance The Township will continue to provide at least the State required minimum for Life Insurance for each fire department employee. This shall remain in effect throughout the term of this agreement. Section 4 - Holidays The Holiday schedule is outlined in the Rules and Regulations. Any changes to this Policy will be developed through Labor/Management. Proposed September 9th, 2014 Page 15 Section 5 -Clothing Maintenance An annual clothing maintenance shall be paid to each merit firefighter, full time civilian EMS personnel, and other civilian employee, designated by the Chief as an employee whose duties primarily require service in uniform, outside the office. Checks will be made out the week following the first pay day in December of said year. Personnel not employed for the full 12 months previous will receive a prorated check based on the amount of months they have been employed. Payment will be on a separate check. Department Quartermaster system will remain in place. Clothing allowance amounts shall be in the following gross amounts: 2015 $500 Any changes to this Policy will be developed through Labor/Management. The township shall be allowed discretion on clothing allowances for other administrative personnel. Section 6 Move-Up Pay Move-up pay shall be paid to Merit Firefighters through Captains who move up above their current position into one of the following positions at a rate of $2.00 per hour: Engineer, Officer, Battalion Chief and Battalion Aide Move up pay shall be paid for each hour worked. Move up pay will not be paid out when working a trade or working overtime. These positions may be amended or alternate positions added through agreement by the Labor/Management. Section 7 -Annual Physical The Department shall continue its practice of providing annual physicals to each firefighter, civilian EMS and other civilian employee whose duties require work at an incident scene at no cost to the employee. No changes in the make-up of this physical shall be made without 30 days prior notice to the Association. The Department shall allow employees on duty to take annual physicals provided such examinations are scheduled through procedures established by the Department. Annual physicals for operations personnel will be done in accordance with NFPA, OSHA, and IAFF/IAFC Wellness and Fitness Initiative standards. No employee will be required to take their physical on their days off. Section 8 -Trading Duty Time Proposed September 9th, 2014 Page 16 The Department will continue a trading of duty time policy pursuant to Department Rules and Regulations. The Department reserves the right to modify the policy as necessary to comply with FLSA regulation and to ensure that the policy does not result in any overtime obligations on the part of the Department. Any changes to this Policy will be developed through Labor/Management. Section 9 -Deferred Compensation The Township and the Department agrees to allow employees the option of continuing to participate in the deferred compensation plan through the current provider (Township Plan) or to contribute to the International Association of Firefighters (IAFF) sponsored plan. The Township also agrees to continue matching contributions made by members at a rate of $1.00 for every $2.00 the member deposits. The following shall be the maximum Township contributions per pay: 2015 $70 Article IX Other Section 1 -Work Schedule Merit Firefighters: The Department shall continue the current forty eight (48) hour workweek for all merit firefighters with at least one (1) year of service with the Department throughout the duration of this contract. The resulting Kelly Days will continue to bid in October/November for the following year. Civilian EMS The Department shall continue the current average forty eight (48) hour workweek for civilian EMS employees with at least one (1) year of service with the Department throughout the duration of this contract. The resulting Kelly Days will continue to bid in October/November for the following year. Section 2 -Vacation Schedule The Department shall continue to maintain the current policy in regards to Vacations throughout the term of this agreement, except as provided for in Article IX, Section 2a and 2b. Any changes to this Policy will be developed through Labor/Management. Proposed September 9th, 2014 Page 17 Section 2a – Vacation Accrual 2015 Chart Length of Service Six (6) months One (1) year Five (5) years Ten (10) years Fifteen (15) years Twenty (20) years Amount of Vacation Three (3) duty days Four (4) duty days Five (5) duty days Six (6) duty days Seven (7) duty days Eight (8) duty days Vacation time will be awarded on January 1st of each year based on the length of service. For the purposes of this calculation, an employee hired prior to March 1 will be considered to have worked an entire year as of the following January 1. An employee hired after February 28 and before September 1 will be considered to have worked six (6) months as of January 1 of the employee’s first year of employment. In the event a person switches duties (i.e. going from shift to office, the vacation hours recalculated based on the new accrual rate. To go from Shift to Administration multiply current total hours by 0.667). Section 2b – Vacation usage The vacation usage policy, (how many members may utilize vacation), shall be assessed each year by the Chief and the Association. At no time will that policy prohibit at least two Fire and one EMS members from utilizing their vacation time accruals on any given day. Any changes to this Policy will be developed through Labor/Management. Section 3 -Sick Leave Any changes to this Policy will be developed through Labor/Management. Section 3a- Sick Accrual Any changes to this Policy will be developed through Labor/Management. Section 3b- Sick bank buy out Any employee leaving the Department who does not have pending discipline against them shall be allowed to convert any unused sick time to vacation time, and be compensated at the appropriate rate. The ratio shall be four (4) sick days to one (1) vacation day. This clause shall Proposed September 9th, 2014 Page 18 include the full transfer of the Department’s staff to another municipal fire department. This payout will be made by separate check no more than thirty (30) days after the member separate’s service. The Department reserves the right to terminate this policy at any time, upon ten (10) days written notice to the employees if the Department determines in its sole discretion that the cost of the policy is not sustainable. Any changes to this Policy will be developed through Labor/Management. Section 4 – Bereavement Leave This leave shall be awarded for the loss of a loved one as established by proof of death to be provided by the employee and submitted to car 802 for approval, and is not dependent upon a special ceremony or event but rather on the member’s assessment of their need for time to grieve. Bereavement leave must commence within two (2) weeks after the loss and must be taken as consecutive time off. The minimum allotment of time will be three (3) shifts/five (5) days for Immediate Family. Immediate family is Spouse, Partner (significant other), Parents, Grand Parents, Children, Brother, Sister and in-laws of the same relationship. One (1) shift/ Three (3) days for other family, including uncles, aunts, nieces, nephews and cousins having a degree of kinship not more than twice removed (2nd cousins). Additional time, if needed, can be authorized by the Fire Chief. The Chief may grant exceptions to the time the leave is taken under special circumstances, such as a ceremony held outside the designated time. Any changes to this Policy will be developed through Labor/Management. Section 5 – Community Involvement Association understands community involvement is a vital part of our existence. The union membership agrees to continue with its current direction and involvement in our community at no additional cost to the department. The Department may recommend events but the Association will determine the events which will be supported. Section 6 -Perfect Attendance Merit and Civilian operational employees that do not use any time from any Leave Work Code except the excluded Leave Works Codes listed in 6.1 below sick bank or are not tardy for a three month period will be awarded the gross sum of $200. This money will be disbursed by a separate check in accordance with current policy. The periods will be: January 1st-March 31st, April 1stJune 30th, July 1st-September 30th and October 1st through December 31st. 6.1 Excluded Leave work codes. B-Day Civilians, Bereavement/Funeral Leave, Comp-Time, Detail, Education, Flex-Time, Military (using any of the 160 hours allotted yearly), Not-on-Call, Paid Time OffPTO, Personal Civilians, Task Force Deployment, Union, Vacation. Proposed September 9th, 2014 Page 19 Any changes to this Policy will be developed through Labor/Management. Section 7 –Other This agreement sets forth the minimum salaries, benefits, and working conditions of the employees covered by this agreement. The Township or Department may surpass these after notifying the Association. All policies and procedures identified in this agreement or that exists within the Department Rules and Regulations may be substituted, amended, or enhanced with an agreement between Labor/Management. Section 8 –Civilians Any discipline for civilian EMS personnel and administrative civilian employees will be done in accordance with Township rules and regulations applicable to non-fire department Township civilian employees. “All Civilian EMS personnel will be considered “for cause’ employees for the duration of this agreement. Any discipline for Civilian EMS personnel will follow procedures and policies in the Department Rules and Regulations, except that a civilian EMS employee may not appeal a discipline determination of the Board of Chiefs to the Merit Commission. Section 9 -Temporary Transfers of Full Time Personnel Every effort will be made to consider seniority and qualifications before a temporary transfer is made. If a senior member and non-senior member have the same qualifications, the non-senior member will be temporarily transferred. Any changes to this Policy will be developed through Labor/Management. Section 10 -Civilian Employee Restriction At no time will a Civilian employee participate in any Suppression activities. Exceptions to this rule; EMS, Water Supply, Reserves, Appointed Chief Officers, TSU, Support Functions and any mandated training. Any changes to this Policy will be developed through Labor/Management. Section 11 – Daylight Savings Time For shift personnel working their regular scheduled shift day affected by the daylight savings time change, that day will be considered a 24 hour day regardless of whether it actually is a 23 hour or 25 hour day. Upon acceptance of the Wayne Township Local 416 Membership and approval of the Wayne Township Board, The Administration and Association will review and change any Rules and Regulation or SOG that are contradictory to the contract. Furthermore The Administration and Proposed September 9th, 2014 Page 20 Association will develop or modify any policies addressed in the contract and create a plan to train the department on these policies. IN WITNESS WHEREOF, The parties hereto by their duly authorized officials have signed their names this ___________day of ________2014. _________________________________ Andrew Harris, Trustee ________________________________ Chris Poteet, District President IMPFF Local 416-Wayne Township Approved by: _________________________________ Doug White, Chairwoman _________________________________ Karen Burke, Vice Chairman _________________________________ Rosie Ellis, Secretary _________________________________ Charlotte Scott _________________________________ Traci Lipp _________________________________ Gary Woodruff _________________________________ Lisa Bentley Proposed September 9th, 2014 Page 21