LABOR RELATIONS AND COLLECTIVE BARGAINING, 8TH ED.
COLLECTIVE BARGAINING EXERCISE
CARRELL & HEAVRIN
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LOUISVILLE MERGER: LMEMS & TEAMSTERS LOCAL 783
In 2003, the City of Louisville, Kentucky and Jefferson County, Kentucky merged to form the
Louisville/Jefferson County Metro Government (Metro Government). This collective bargaining
exercise is based on an actual negotiation between Louisville/Jefferson County Metro
Government and the International Brotherhood of Teamsters Local 783 (Teamsters),
representing a newly merged Emergency Medical Services organization. Previously, the
Teamsters represented 100 EMS employees of Jefferson County Government (“County”) and
International Association of Fire Fighters (IAFF) represented the City of Louisville (“City”)
EMS employees who operated out of the Fire Department. The City was funded for 100 EMS
employees but at the time of the merger, thirty positions were vacant. The new bargaining unit
initially consisted of 200 funded positions (100 paramedics and 100 EMTs) but while
negotiations were going on, Metro Government funded 25 additional paramedic positions and 25
EMTs.
The City had spent approximately $6 million a year to operate its EMS division out of the
Fire Department. It employed approximately 40 paramedics and 30 EMTs at the time of the
merger with ten paramedic and 20 EMT positions vacant. The City supplemented the staff with
firefighters, on overtime, who had paramedic or EMT certifications. The City served a
population of approximately 256,000 people.
The County operated an ambulance service outside the corporate limits of the City. The
County’s ambulance service did not enter into the City, but served approximately 400,000 people
in the suburbs. It employed approximately 50 paramedics and 50 EMTs. The County EMS’
operating budget was approximately $ 7.4 million a year. Recently the County had changed its
employees schedule from 8-hour shifts to 12-hour shifts to reduce the amount of unscheduled
overtime. However, this resulted in one workweek of 36 hours and one workweek of 48 hours,
every two weeks for all paramedics and EMTs.
As noted above, the employees of both the City and the County were organized and both
organizations had collective bargaining agreements.
Metro Government created the new department, Louisville Metro Emergency Medical
Service (LMEMS), to provide emergency services to the entire metro area, both urban and
suburban. A vote taken by the employees of the newly combined department resulted in the
Teamsters being selected as their bargaining agent.
The management of LMEMS and the Teamsters must meet to negotiate the first contract
for the new entity. Following is a list of issues arising from the merger itself that have to be
negotiated; the priorities of both parties for the final collective bargaining agreement;
background financial information; and relevant clauses from both prior collective bargaining
agreements. Following are some of the limitations/expectations surrounding the new entity.
1) In order to meet federal and state guidelines for providing health services eligible for
any federal or state reimbursements, response time must be reduced to approximately
8 minutes for life threatening calls.
2) LMEMS management was committed to filling the 30 vacant positions and adding
another 50 employees to its staff (25 paramedics and 25 EMTs) to meet those goals.
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3) LMEMS budgeted $13.9 million to pay the salaries and fringe benefits for the entire
bargaining unit of 250 members.
ISSUES ARISING FROM MERGER
1. Work schedules. Former city employees worked a 24 hr. schedule, working every third
day, or 7 days in three weeks and were paid time and one-half for hours over 40 in
any week. Former County employees worked a 12-hour schedule, working three days
one week and four days the next, or 7 days in two weeks and were paid time and onehalf for hours over 40 in any week. As a result of the additional number of hours
worked, former City employees earned more than County employees.
2. Retirement. Former city employees were not participants in the Federal Social Security
Program, Former county employees were. The law mandated the new entity to
become a part of Social Security, which would cost the former city employees 6.2%
of their pay.
3. Training stipend. Former city employees received a training stipend from the State of
$3100.00 each a year, which would no longer be available. Former county employees
were paid time and half for one 12-hour day of training every four months, which had
become a financial issue.
4. Holidays and vacations. Former city employees did not get holidays off, but they had
eighty (80) more vacation hours available to them. Former county employees who
worked one of the eight recognized holidays earned an equal number of hours of
additional vacation time but were paid straight time for holiday work.
5. Life Insurance/benefits death or injury in line of duty. Former city employees were
guaranteed one year of pay if injured in the line of duty and $50,000 if they died in
the line of duty. Former county employees were covered by typical workers
compensation benefits.
6. Mandatory overtime. Former city employees could be compelled to report back to
work for overtime, but Former county employees could only be “held over” at the end
of their shift. Otherwise, they could not be called in for overtime unless there was an
emergency declared.
7. Sick leave. Former city employees had unlimited sick leave. Former county employees
earned eight hours of sick leave per month.
8. Annual pay. Because former city employees worked more hours than the former county
employees on a yearly basis, their annual pay was more than the former county
employees, even though their hourly rate was lower.
9. Clothing allowance. Former city employees were provided uniforms and received $725
per year as a clothing allowance. Former County employees were provided uniforms
but did not receive a clothing allowance.
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PRIORITIES OF THE PARTIES
LABOR
The best benefits from each contract including:
a. Instituting a 24-hour schedule for all employees.
b. Receiving a training stipend of $3100
c. Clothing allowance of $725 per year
d. No mandatory overtime call-ins.
e. Time and half for working on holidays and another vacation day for each
holiday worked.
f. Continuation of salary for a year if injured on the job.
g. No layoff guarantee.
h. Unlimited sick leave.
MANAGEMENT
Equalize pay and benefits within existing dollars, to do this it is necessary to:
a.
Convert all employees to a schedule of four 10-hour days.
b.
Increase the number of filled positions to cut back on overtime
c.
Minimize overtime by enforcing sick leave policies
Improve response time:
a.
Enhance training
b.
Remain fully staffed
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CONTRACT PROVISIONS
THE COUNTY CONTRACT
THE CITY CONTRACT
ARTICLE 1 EXTENT OF THE BARGAINING UNIT
The term "employees" as used in this Agreement shall include all employees for
whom the Union was recognized as exclusive bargaining representative by Resolution
No. 29, Series 1987, but excluding therefrom all positions supervisory in nature or
above, as required under Ordinance No. 6, Series 1986.
Consistent with said Ordinance, this Agreement shall extend to all matters relating
to wages, hours, terms and conditions of employment. This Agreement shall not
extend to matters of inherent managerial policy as contained in the County
Management Rights section hereinafter enumerated.
ARTICLE 1
UNION RECOGNITION
Section 1. The City of Louisville, Kentucky (hereinafter referred to as the City)
recognizes the Louisville Professional Firefighters Union, Local 345, IAFF, AFL-CIOCLC (hereinafter referred to as the Union), as the exclusive bargaining representative
with respect to wages, hours and other conditions of employment for all employees
below the rank of Fire District Chief except the following positions: Business Manager
- 1175, Fire Division Finance Administrator - 1129, Fire Prevention Coordinator 1363, Personnel Technician I - 1263, Personnel Clerk III - 1070, Executive Secretary 1085, Fire Hazardous Materials Specialist - 1740, Building Construction Specialist 3182, Administrative Assistant I - 1302, Shop Supervisor Fire- 1257, Fire Personnel
Computer Analyst - 1092, Manager I – 1330, Administrator of EMS Operations - 1361,
Operations Supervisor-2218, Fire Marketing Coordinator - 2240, Billing Manager 2233, Fire Administrative Assistant-1079, Local Area Network Manager-1078, and Fire
Personnel/Pay Roll Specialist 2241.
The above non-union positions may be classified to other non-union positions,
as the need dictates, on a one for one basis.
ARTICLE 4
PROBATIONARY PERIOD
Section 1.
The initial probationary period is defined as an on-the-job
evaluation period of not more than six (6) months, during which time an employee is
required to demonstrate his/her fitness for employment.
Section 2.
During the initial probationary period, employment shall be on a
trial basis. During this period of time, the County may transfer, layoff or discharge
said employee as it deems necessary. Such transfer, layoff or discharge shall not be
subject to the grievance procedure as set forth in this contract. The County shall be
allowed to extend the probationary period for up to 90 days by mutual consent of the
Union.
Section 3.
At the termination of the employee’s probationary period, he/she,
if retained by the County, shall be placed on the regular seniority roster, and his/her
seniority shall date from the most recent date of entry into a position within the unit.
ARTICLE 9 INITIAL PROBATIONARY PERIOD
Initial probationary employees shall be those defined in the Civil Service
Rules in accordance with Civil Service Guidelines. All probationary periods are one (1)
year in duration. Probationary employees shall be afforded the full protection of Article
5, Section 1.
Should a probationary employee either be drafted or enlist in the Armed Forces of
the United States, he or she shall be granted a leave of absence without pay for the
duration of his or her first enlistment. He or she shall accrue seniority the same as he or
she would under continuous employment with the Department, provided, however, that
upon his or her return to duty as an employee, he or she successfully completes his or her
probationary period
ARTICLE 6
COUNTY MANAGEMENT RIGHTS
Section 1. The inherent right to manage, direct and control working forces
in all respects is expressly reserved to County Government; subject to such limitations
as are contained in this Agreement. The exclusive rights of the County shall include
any subject not preempted by Federal or State law, or Municipal Charter, and, but not
limited to:
(a)The right to direct the work of its County employees;
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(b)The nondiscriminatory right to hire, promote, assign, transfer and retain
County employees in positions within the public agency;
(c) The nondiscriminatory right to demote, suspend, discipline or discharge
County employees for proper cause;
(d) The right to maintain the efficiency of governmental operations;
(e)The right to relieve County employees from duties because of lack of
work, lack of funds or for other legitimate reasons;
(f)The right to take action as may be necessary to carry out the mission of the
agency in an emergency;
(g) The right to determine the methods, means and personnel by which
operations are to be carried on.
Nothing in this Agreement shall be construed as reducing the authority conferred by
law on the County, or in any way abridging or lessening such authority.
Section 2. The Union agrees that it, and the employees that it represents, will
cooperate with the County to assure those employees perform a fair day's work for a
fair day's pay.
ARTICLE 7 GRIEVANCE PROCEDURE
Section 1.This grievance procedure is the exclusive remedy of the Union, County
employees working pursuant to this Agreement, and the County.
Section 2.
A grievance is defined as any dispute involving the interpretation
or application of a specific provision of this Agreement, or term or condition of
employment. It is understood and agreed that the timeframes listed below apply
equally to both the County and the Union.
Section 3. In the foregoing article, when the Department Director is referenced,
this shall also pertain to a designee of the Director, when so appointed.
Section 4.Written grievances provided for herein must contain the following:
(a)
Signature(s) of the grievant(s);
(b)
Specific statement of allegation or violation;
(c)
Synopsis of the facts giving rise to the alleged violation;
(d)
Date of the alleged violation;
(e)
Specific relief or remedy requested.
Section 5. A Grievance Committee shall be established by the Department. The
Committee shall consist, in part, of three (3) “street personnel,” selected by vote of the
bargaining unit, according to procedures determined by the Union. These members
shall represent a balance between all shifts and divisions. Three (3) alternates shall be
selected by the same method, and will act in the absence of another Committee
member, as directed by the Chief Steward. Committee members shall be compensated
for any time lost from work during the performance of grievance reviews. The
Department Director shall also select three (3) Committee members from management
personnel, and shall appoint Alternates as needed, to accommodate absences. The
Chief Steward, or designee, and a member of command staff selected by the Director,
shall serve as ex officio members of the Committee.
Section 6. There will be no loss of pay or benefits to an employee prior to, or
ARTICLE 28
GRIEVANCE PROCEDURE
Section 1.Any complaint or dispute concerning wages, hours and any other
conditions of employment shall constitute a grievance within the meaning of this
Agreement. The Union President or his authorized representative may report an
impending grievance to the Chief of the Division of Fire or his authorized representative
in an effort to forestall its occurrence. It is specifically understood that grievances
hereunder may be filed by the City, as well as the employees and the Union.
Section 2.The Union or any employee covered by this Agreement may file a
grievance and be afforded the full protection of this Agreement and the right of Union
representation or legal counsel. Union members who are parties to or members of the
Grievance Committee and/or legal counsel, at grievance hearings or meetings, shall be
entitled to speak on all matters germane to the subject matter of the hearing, subject to
fair and reasonable procedural control.
Section 3.Controversy between the City, the Department and the Union,
concerning the meaning and application of any provisions of this Agreement, or
concerning any of the terms or conditions of employment contained in this Agreement,
shall be adjusted consistent with this Article.
Section 4.Employees filing a grievance shall be allowed representation equal
in number to representatives of the City, such Union representation to consist of
Grievance Committee members of the Union or legal counselors at all grievance
hearings regardless of the step.
Section 5.
Step 1.
The grievance must be submitted to the Office of
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during, the Grievance Committee’s investigation and resolution of a situation giving
rise to a grievance, except in the event of a major infraction that requires immediate job
action be taken. Cause for such action is the result of behavior or conduct that places
EMS or citizens at risk of harm.
Section 7. Grievances as herein defined shall be settled in the following manner:
Step 1 Within ten (10) calendar days from the date an employee knew or could
reasonably have known of an alleged infraction giving rise to a grievance, the
employee shall present a written grievance to the Department Director. The
grievance must be received by the Director directly from a Steward. The Director
shall forward all grievances to the Grievance Committee for review within 14
days of receipt, during which time the Committee shall convene to review the
dispute.
Step 2. The Grievance Committee shall hear grievances and impose progressive
discipline relating to minor infractions, as set forth in Article 18, based upon the
facts of the case. The Committee shall have five (5) days from receipt of the
grievance in which to render a decision. Majority vote by the Committee is
required in order to impose discipline. If consensus cannot be reached verbally,
voting by secret ballot shall be ordered. The decision of the Committee is final
and binding, relating to all minor infractions.
the Chief in writing within five (5) calendar days after the time of
the act causing the grievance. The employee's grievance shall set
forth the pertinent data upon which his or her grievance is based and
shall be signed by the aggrieved employees.
The Chief is allowed nine (9) calendar days to resolve said grievance
from date of filing.
Step 2.
If after nine (9) calendar days the grievance cannot
be resolved between the employee and the Chief of the Department,
the grievance shall be submitted to the Director of Safety within
three (3) days thereafter, unless withdrawn by the employee in
writing. The Director of Safety is allowed nine (9) calendar days to
resolve said grievance.
Step 3.
If the grievance cannot be resolved between the
employee and the Director of Safety within nine (9) calendar days
from date said grievance is received by the office of the Director of
Safety, then the grievance shall within three (3) calendar days
thereafter, be submitted to the Mayor or his designee unless
withdrawn by the employee in writing. The Mayor or his designees
allowed nine (9) calendar days to resolve said grievance.
Step 4.
If the grievance cannot be resolved between
employee and the Mayor within nine (9) calendar days from the date
said grievance is received by the Mayor or his designee, then said
grievance shall be submitted to Advisory Arbitration within six (6)
calendar days thereafter, unless withdrawn by the employee in
writing.
If the Committee determines the infraction rises to the level of a major infraction,
as set forth in the CBA, it may review the facts and, within five (5) calendar days,
recommend disciplinary action to the Director. The recommended disciplinary
action may be accepted and imposed by the Director. If the Director does not
accept the recommendation, he/she shall meet with the Union to review the
situation and come to an acceptable resolution, as set forth in Step 3, below.
Step 3.In the event the parties do not reach resolution of the issue at Step 2,
whether relating to the steps toward resolution of either a minor or a major
infraction, the grievance shall be presented to the Director and the Union for an
attempt at mutual resolution. If this does not occur within (10) days, the matter
shall be submitted to a predetermined mediator for review and resolution. In the
event an independent mediator is used, the County and the Union shall share the
costs equally.
The mediator shall have the authority to meet with the grievant and
representatives of the County and the Union, and to make procedural rules
consistent with the terms of this Agreement. The mediator shall make every effort
to come to an amicable resolution to the matter. If this attempt is unsuccessful,
the mediator shall commence a formal hearing. A written decision shall be issued
within a reasonable period of time, setting forth the findings of fact and
conclusions. The mediator shall be without power or authority to alter, amend, or
modify any terms of this Agreement, or to offer any opinion, or make any
decision that is contrary to, or violative of, the terms of this Agreement. The
decision of the mediator shall only become binding upon mutual acceptance by
Section 6. The settlement of any grievance to which the Union is not a party
shall not be binding as a precedent on the Union as to any other grievance or grievances.
Section 7. Any grievance pending on the date of execution of this Agreement
shall be processed as though occurring on the date of execution.
Section 8. A grievant shall be granted leave with pay to participate in
grievance procedures scheduled during his or her normal tour of duty.
Section 9. Fire Department uniforms are not required to be worn by Union
members who, while off duty, are processing grievance(s), attending meetings or
hearings or conferring with Union officers, representatives or Union attorneys.
Section 10. The time and location of the grievance meetings or hearings,
arbitration meetings or hearings, or hearings pertaining to Union grievances or
arbitration, shall be agreed upon jointly by the Union and the City. Such meetings shall
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the County and the Union.
Step 4. If the Union or County is not satisfied with the written decision of the
mediator, an appeal may be presented to the County Judge/Executive, within
seven (7) days of issuance of the decision.
Within ten (10) working days after receipt of the appeal, the County
Judge/Executive or his/her representative, shall render a final written decision. This
decision shall be binding with respect to contractual procedures under this Agreement
only.
be held in municipal buildings insofar as practical.
Section 11. A Grievant's own personnel files shall be made available for
inspection and copy by the grievant. Other pertinent Fire Department records not
included in personnel files shall, upon written request by the aggrieved employee or the
Union President, with written consent of the grievant involved, be made available to the
grievant or the Union, with the written consent of the aggrieved employee for inspection
and to secure a copy of the same at the Union's expense. In any grievance where the
Union represents a grievant or is the grievant, the Union or the grievant shall upon
written request make available to the City for inspection and copy any pertinent record
under their control at the City's expense.
Section 12. Should the grievant, Union or City record or take down any
evidence pertinent to the grievance pursuant to Section 10 of this Article, the other party
shall be entitled to a complete and accurate copy of same.
Section 13. The time limits under this Article may be changed by mutual
agreement.
Section 14. Failure of the City, the Union or the grievant to comply with the
time limits of the steps of the grievance procedure (Section 5) will serve to declare the
grievance as settled in favor of the other party and no further action may be taken under
this Agreement.
Section 15. When an employee in the Bargaining Unit is charged with a
violation of Rules and Regulations and SOPS, he or she shall receive a hearing on the
charges within a reasonable and practical period of time, except that unusual charges
may require different treatment.
ARTICLE 29
ARBITRATION
Section 1.
The City and the Union, after compliance with
Article 28, may submit unresolved issues relating to computation of salaries, working
conditions and working hours to an arbitrator for advisory opinion.
Section 2.
The City and the Union shall mutually agree upon
the Arbitrator. The arbitrator may be the Executive Secretary of the Louisville Labor
Management Committee. If the City and the Union can not mutually agree upon an
arbitrator, the City or the Union may request the Kentucky Labor Cabinet or the Federal
Mediation and Conciliation Service (FMCS) to Provide a panel of five (5) qualified
individuals that may serve as arbitrators. The parties shall select an arbitrator from the
panel.
The arbitrator shall issue a written advisory opinion within 30 days of the close
of the record.
The fees and expenses of the arbitrator shall be shared equally by the parties to
the arbitration.
Section 3. If the parties can not reach an agreement on which agency is to be
used to request for the panel of five (5) then the Kentucky Labor Cabinet shall be the
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agency requested for the panel.
ARTICLE 18
DISCIPLINE AND DISCHARGE: JUSTICE AND DIGNITY
Section 1.Jefferson County recognizes the standard of "just cause" as the
disciplinary standard upon which all disciplinary action shall be taken. Progressive
action will only be advanced when the incident is of a like nature.
Section 2. Jefferson County will follow the principle of progressive discipline
with regard to minor offenses. Minor offenses subject to progressive disciplinary
action shall include, but not be limited to the following:
(a)
abuse of sick leave;
(b)
excessive tardiness;
Progressive discipline shall include the following steps:
(a)
verbal warning;
(b)
written warning;
(c)
suspension;
1st occurrence - 1 day
2nd occurrence - 3 days
3rd occurrence - 5 days
4th occurrence - 10 days
(d)
termination.
Section 3. Any employee found by Jefferson County to have violated a major
offense may be disciplined accordingly up to and including termination for the first
offense. Such major offenses shall not be subject to progressive discipline except as
set forth in Article 7, “Grievance Procedure.”
Major offenses shall include, but not be limited to the following:
(a)
theft;
(b)
intoxication or in possession of alcohol or drugs while on duty;
(c)
falsification of records or reports;
(d)
fighting or inciting a fight while on duty;
(e)
unexcused absence for one (1) day;
(f)
being insubordinate or refusing to comply with Supervisor's reasonable
instruction;
(g)
failure to report on a one (1) day basis;
(h)
sleeping on duty;
(i)
knowingly or intentionally disregarding medical protocol;
(j)
blatant disregard of valid medical orders;
(k)
negligent and/or intentional abuse of patients.
Section 4. An employee shall be entitled to the presence of one (1) Union
representative at a disciplinary action meeting with Jefferson County personnel. If a
final decision is made to impose discipline, the employee and the Union shall be
notified in writing. Disciplinary action shall be reasonable and commensurate with the
offense.
Section 5. The non-probationary employee who is terminated or suspended may
proceed at the employee's election to Step 1 of the Grievance Procedure. An employee
terminated or suspended pursuant to a minor infraction shall be suspended with pay
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(but continue to report to work) until a review by the Department Director has been
held. The review shall be held by the Department Director within five (5) working
days after the suspension or termination. The Department Director shall either affirm
or reverse the suspension or termination. If the suspension or termination is affirmed,
the employee shall be suspended without pay until the grievance determination has
been finally adjudicated.
Section 6. In the event the suspension or termination constitutes a major
infraction, then the employee shall be suspended without pay prior to the review by the
Department Director. The review by the Department Director shall be held within five
(5) working days of the suspension and/or termination. The Department Director shall
either affirm or reverse the suspension or termination. If the suspension or termination
is affirmed, the employee shall be suspended or terminated without pay until the
grievance has been finally determined.
Section 7. No previous record or charges against an employee may be
considered except those brought within the immediate past twelve (12) months.
Section 8. A copy of the appropriate payroll change of record form applicable
to each employee whose employment is terminated for any reason shall be furnished
by the County to the Union within a reasonable period following such termination.
ARTICLE 20
SENIORITY AND LOSS THEREOF
Section 1. Terms
Pay Grade (Longevity Schedule)
One of the two Longevity-Based Pay Rate Schedules defined in the contract.
1.
The lower "EMT Pay Grade" is defined for employees in the EMT job
classification.
2.
The higher "Paramedic Pay Grade" is defined for employees in the EMTParamedic job classification.
3.
Based on an employee's Job Classification Seniority (defined below),
specifies the minimum pay rate that county will pay that employee.
Bargaining Unit
Employees in the EMT and EMT-Paramedic job classifications.
Department
The Emergency Medical Services Department of Jefferson County Government.
Section 2. County Service Seniority
1.
Least important of the three types of seniority.
2.
Governs only one contract benefit: the rate at which an employee accrues
vacation time (e.g., two or three or four weeks per year).
3.
Expressed as a "County Service Date."
4.
Generally defined as total continuous time served with county government in
any department.
5.
May be adjusted to reflect service lapses due to layoff, or any previous
obsolete policies governing reemployment, etc.
Section 3. Bargaining Unit Seniority
1.
Governs contract terms referencing vacation scheduling, shift assignment,
job bidding, off days, vehicle assignment, and related items not governed by Job
ARTICLE 10
SENIORITY
Section 1.Seniority is defined as length of continuous employment with the City of
Louisville, Division of Fire as herein defined, including military service as defined by
Federal and State laws. Any City employee transferring to the Division of Fire shall not
include in any seniority computation any prior service with any other Department or
Agency of the City of Louisville.
Section 2.Seniority of an employee shall commence on his or her first day of
employment and shall continue for as long as the employee is a member of the Division
or on an approved leave of absence.
Section 3.Seniority shall prevail with respect to the choosing of house watch,
vacations and such other matters within the jurisdiction of the Agreement.
Section 4. The Department shall establish a seniority list of all employees in
the Bargaining Unit to include 56-hour employees and 40-hour employees, and such list
shall be brought up to date and a complete new list be provided and posted by February
1 of each year on the bulletin boards provided by the Union and all Department Fire
Units and Properties for a period of not less than thirty (30) calendar days, and a copy of
said seniority list or any revised list shall be furnished to the Secretary/Treasurer at the
Union's business address. Any objection to the seniority list, as posted, shall be
reported to the personnel officers of the Department within ten (10) calendar days from
the first day of posting, or the seniority list shall stand approved.
Once each year, the Employer shall post on the bulletin boards in the areas
where 40-hour personnel work, a seniority list showing the names, job classifications
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Classification Seniority.
2.
Defined as an employee's total, cumulative time served within the Bargaining
Unit, whether in one or both job classifications.
3.
Expressed as a "Bargaining Unit Service Date."
Section 4. Job Classification Seniority
1.
Governs contract terms referencing: (1) placement on, and movement through,
the Pay (Longevity) Schedules; and, (2) order of layoff as set forth in Article 22,
Section 1.
2.
For employees who have not changed job classifications during their tenure
in the Bargaining Unit, this seniority is defined as total time served in their current job
classification.
3.
Emergency Medical Technicians who are promoted to EMT-Paramedic will
be allowed to carry forward their Emergency Medical Technician Job Classification
Seniority up to a maximum of five (5) years.
4.
EMT-Paramedics who are demoted to Emergency Medical Technician shall
have their Emergency Medical Technician Seniority set to equal their Bargaining Unit
Seniority, as defined in Section 3, this Article.
5.
Expressed as a "Job Classification Service Date."
Section 5. Loss of, and Adjustments to, Job Classification and Bargaining
Unit Seniority
1.
Both types of Seniority will be reset to zero only if employee returns to the
Bargaining Unit after:
(a)
Discharge for cause;
(b)
Voluntary resignation from County Government;
(c)
Moving to a County Government position outside the Department, and
subsequently returning to the Department after one year or more;
(d)
Layoff and not recalled within two years;
(e)
Failing to return from layoff within seven working days after proper notice
by certified mail to last known address.
2.
If an employee:
(a)
leaves the Bargaining Unit but remains a County employee, and then returns
to the Unit within less than one year; or
(b)
leaves the Bargaining Unit but remains with the Department, and then returns
to the Unit after any length of time,
then that employee's Job Classification and Bargaining Unit Seniority dates shall be
reinstated at the level held prior to leaving the Bargaining Unit.
Section 7. Seniority Postings
Job Classification and Bargaining Unit Seniority Postings shall be maintained on a
current basis and posted where they shall be available for inspection at all reasonable
times by individual employees. Copies of the seniority lists and each revision thereof
shall be furnished by the County to the Union upon request.
and their seniority dates.
Section 5.
In the event more than one (1) employee goes on
the payroll of the Department on the same date, their Civil Service grading scores shall
govern said seniority standing, the employee with the highest Civil Service score taking
precedence and shall be considered to have the greatest seniority.
An employee's seniority shall be continuous unless terminated for any of the
following reasons:
(a)
Discharge for cause;
(b)
Voluntary resignation;
(c)
Lay-off for more than one (1) year for the convenience of the
Department;
(d)
Failure to report to work for three (3) days without just cause.
(e)
Failure to return to work within thirty (30) calendar days without just
cause, following recall subsequent to a lay off;
(f) Re-enlistment in the Armed Services.
11
ARTICLE 8 STEWARDS AND REPRESENTATIVES
Section 1. The County recognizes the right of the Union to designate stewards
to handle such business as may from time to time be designated to them by the Union.
Section 2. The Union shall furnish in writing to the County the name of each
employee selected as a steward. Until notified of a change in stewards in writing by
the Union, the County shall continue to deal with the previously-designated stewards.
There shall be a total of seven (7) stewards, in addition to a Chief Steward, to provide
Union representation for each shift, at each division.
Section 3. The authority of stewards so designated by the Union shall be
limited to, and shall not exceed, the following duties and activities:
(a) The investigation and presentation of grievances with the designated
County representative in accordance with the provisions of this Agreement.
(b) The transmission of such messages and information, which shall
originate with, and are authorized by the Union or its officers, provided such messages
and information: 1) have been reduced to writing, or, 2) if not reduced to writing, are
of routine nature and do not involve work stoppages, slowdowns, refusal to handle
goods, or any other interference with the County's business.
Section 4. The County and the Union agree that the administration of this
Agreement shall not disrupt the work of the employees in the performance of their
work duties. The County agrees to allow stewards a reasonable time away from their
regular duties to engage in union business. Should it become necessary for a steward
to leave his/her work station during his/her work hours for any purpose, the steward
shall notify his/her supervisor. Prior approval to leave a work station must be obtained
by the steward from the immediate supervisor not in the bargaining unit. In the
absence of a non-bargaining unit supervisor, the immediate supervisor shall have
authority to grant permission. Such approval shall not be unreasonably withheld.
Section 5. The County agrees to apply its standard for unpaid leaves of
absence to a request by the chief steward, or other designated steward, to attend a labor
convention, or serve in any capacity or for other official union business.
Section 6. A steward of the Union designated to represent an employee shall
be paid for time lost from work while conducting Union business, and during meetings
and talks with representatives of the County scheduled in the processing of the
grievance, or during arbitration proceedings.
ARTICLE 7
UNION BUSINESS ON-DUTY
Section 1. Union officers and House Stewards certified by the President of the
Union shall have the right to conduct such Union business on-duty as required for the
efficient operation of the Union, including but not limited to the following:
1. Preparing of grievances and processing same while on duty
2. Discussing of Union activity at roll call and distribution of Union material
and information.
3. Placement of Union material on Union bulletin boards.
4. Collective discussions concerning Union matters while on duty.
5. Activity by Union officers or stewards shall not interfere with the operations
of the Department.
It is understood that the Union is permitted to have permanent House Stewards at all
company and Bureau locations.
ARTICLE 8
UNION BUSINESS LEAVE
Section 1. A maximum of seven (7) representatives from the Union,
consisting of the Union negotiating committee, shall be granted leave with pay to attend:
(a)Collective bargaining negotiation meeting with the City, and:
(b)Meetings to formulate proposals or requests to be submitted in negotiations.
Section 2. A certified list of the names of the officers of the Union shall be
submitted to the Director of Finance, the Director of Safety and the Chief of the Division
of Fire. Such list may be amended or supplemented by the Union. A list of names of all
Directors of the City of Louisville shall be submitted to the President of the Union. Such
list may be amended or supplemented by the City from time to time.
Section 3. A maximum of two (2) Union Officials from the certified list of
elected Union officials shall be granted time off with pay to attend grievance and/or
arbitration proceedings and hearings when required by the Union during their normal
tour of duty.
Section 4. A member of the Grievance Committee from the list certified by the
Union shall be granted leave from duty with pay for the purpose of processing
grievances when required from his normal tour of duty.
Section 5. The President, Vice-President, or Secretary-Treasurer
shall be granted leave with pay from duty to conduct business that is required for the
efficient operation of the Union.
(a)The employees granted leave under this Article shall not be absent from
their assigned duties for any period longer than that required to attend the meetings and
to accomplish any business directly related thereto for which such leave is granted.
(b)The Union President shall be granted leave with pay to attend the Regular
sessions of the General Assembly or Special Session. Such leave with pay shall be
effective only for such days that the Union President would be required to work as part
of his normal work schedule for such legislative session. In no event will the Union
President be granted more than thirty (30) days with pay per year to attend while in
session.
(c)President, Vice-President, and Secretary-Treasurer of Local 345 shall be
granted six (6) days per year leave of absence with pay to attend Union meetings, if said
12
meeting falls on a regular scheduled duty day. Upon the conclusion of Union Business
said officers shall return to duty.
Section 6. The Union may appoint a committee from its membership to attend
the Kentucky General Assembly when in session. Upon proper notice in writing of not
less than fifteen (15) days, except when special sessions are called in which event
reasonable notice will be given, the City shall grant not more than four (4) members of
the union leave without pay in order to attend such session.
Section 7. Four (4) Union representatives, selected by the Chief of the Division
of Fire from a list of at least ten (10) nominees submitted by the Union, and such other
additional persons as may be designated by the Chief of the Division of Fire, shall be
granted leave with pay for a period of time, not exceeding three (3) calendar days,
necessary to attend and represent the Union and the Division of Fire at wakes and
funeral services within 500 miles of the City of Louisville for deceased fire fighters
killed in the line of duty. They shall be entitled to wear their full dress uniforms at such
services. If the location thereof is within 500 miles of the City of Louisville, the City
shall provide an official Division of Fire vehicle for their transportation. If the location
is more than 500 miles from the City of Louisville, the Director of Public Safety of the
City of Louisville shall have sole power to decide whether the City will be represented.
In all instances of representation of the Union and the City at such affairs, the Chief of
the Division of Fire shall appoint one of the representatives as the person in charge.
Section 8. The President, or his representative, shall be granted authorized
leaves, with or without pay at the discretion of the Chief, at his request for attendance at
Union conventions, meetings and seminars, for a period of not more than nine (9)
consecutive calendar days at any given time. The President, or his representative shall
submit a letter of request for specific time off. Such request shall be submitted at least
twelve (12) hours in advance to the Chief of the Department.
Under this Section, the President or his representative shall be limited to thirty
(30) twenty-four (24) hour working days in any given fiscal year.
ARTICLE 11 UNION MEMBERSHIP AND CHECKOFF
Section 1. Membership in the Union is not compulsory. Employees have the
right to join or not join. Neither party shall exert pressure, nor discriminate against an
employee regarding such matters.
Section 2. Union membership dues and fair share dues shall be deducted in
equal amount from the paychecks of employees twice monthly. Employees wishing to
revoke their union membership must notify the County and the Union expressly and
individually, in writing by certified mail, within 20 days following the effective date of
this Agreement that such dues are not to be deducted. The fair share fee may be
deducted from employees' wages and remitted to the exclusive bargaining unit
representative, with or without written authorization by the employee. The date for the
commencement of the fair share deduction shall be determined by the Union with
appropriate advance notice given to the County and member of the bargaining unit.
Section 3. Union membership dues and fair share fees shall be transmitted
once each month to Teamsters Local 783. The Union shall annually certify, in writing
ARTICLE 4
UNION SECURITY
Section 1. Each employee who, on the effective date of this Agreement, is a
member of the Union, shall, as a condition of employment, maintain his membership in
the Union. Each employee not now a member of the Union and employees hired on or
after the execution of this Agreement, shall become a member of the Union thirty (30)
days after the date of his employment or the effective date of this Agreement, whichever
is later, and shall maintain membership in the Union, or shall pay to the Union an
amount equal to that paid by other employees who are members of the Union, i.e.,
regular Union dues, initiation fees and general assessments.
Section 2. Should an employee fail to successfully pass his initial probation
period, then the Union shall refund to that employee all monies paid to the Union by that
employee as required under Section 1 of this Article.
Section 3. Should any employee covered by this Agreement file a suit and collect
13
the current and proper amount of its membership dues at least 30 days prior to the
initial deduction. The Union shall notify the County of the cost of representation by
the union and the date for the commencement of the fair share deduction, at least 30
days prior to the initial deduction.
Section 4. The union shall hold the employer harmless against any claims, legal
or otherwise, which may arise from these dues-deduction provisions.
Section 5.The employee's earnings must be regularly sufficient after legal
deductions are made to cover the amount of the appropriate union dues.
ARTICLE 22
REDUCTION IN WORK FORCE
Section 1. Employer shall determine the classifications to be reduced or
eliminated when, due to lack of work or reorganization, it becomes necessary to layoff
employees. The order of layoff shall be based on seniority within each classification to
be reduced or eliminated.
Section 2. If there is no less senior employee in the same salary grade within
the bargaining unit, the employee scheduled for layoff shall be demoted to a
classification in the next lower salary grade within the bargaining unit if there is a less
senior employee in that classification. In this event the less senior employee shall be
scheduled for layoff.
Section 3. If there is no less senior employee in the next lower salary grade
within the bargaining unit, the employee scheduled for layoff shall be demoted to
replace the least senior employee in his/her bargaining unit provided the demoted
employee has demonstrated a capability to perform the work of the less senior
employee before bumping into such a classification.
Section 4. Except for seniority within a classification as used in Section 1, no
employee within the bargaining unit may replace a more senior employee within the
bargaining unit. It further being understood that an employee must have demonstrated
a capability to perform the work of the less senior employee before bumping into such
a classification.
Section 5. Recalls shall be by classification and shall be in the reverse order
of the reduction or layoff (i.e., the first to be recalled shall be those last laid off or
reduced) provided such employees have demonstrated a capability to do the work
available.
ARTICLE 23
TRAINING
damages from the City growing out of the enforcement of Article 4, the Union shall
indemnify the City for any monetary court costs and other legal expenses as a direct
result thereof.
Section 4. The Secretary of the Union shall be notified by the City in writing
promptly upon the demand by any said employee for damages as referred to herein.
ARTICLE 6
CHECK-OFF
Section 1. The City agrees to deduct from the wages of employees in the
Bargaining Unit, union dues and initiation fees, as authorized by the Union or individual
employees, in written form. The City shall remit same to the Union on the regular pay
day for the Division of Fire. This authorization shall remain in full force and effect until
such time as the individual employee revokes same, in writing, to the City and to the
union in accordance with the conditions and terms that appear in the authorization for
dues deduction.
Section 2. All assessments, fees and dues deducted shall be shown on the
employees' paycheck stubs.
Agreement #1
The City agrees that there will be no layoffs of Louisville
Professional Fire Fighters Association, Local Union No. 345, I.A.F.F. AFLCIO-CIC, personnel for the term of the collective bargaining agreement.
ARTICLE 58
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TRAINING AND CERTIFICATION
Section 1. Training and recertification mandated by County, State and
Federal laws and required as a condition of continued employment shall be provided
by the Employer at no cost to the employee. Time spent on such training beyond forty
(40) hours of the employee's regular work schedule shall be paid at the rate of time and
one half (1-1/2).
Section 2. The Employer will schedule training sessions, and employees
shall be responsible for attending these training sessions in order to maintain
certification and licensure.
ARTICLE 28
SHIFT TRADES
Section 1. Employees may trade off days or shifts at the discretion of the
Director. The employee must complete the approved shift trade form and submit it for
approval 48 hours, except in case of an emergency, prior to the trade. The trade must
be completed within a given workweek. Any change of scheduled off days or shifts
that necessitate the utilization of overtime compensation will not be permitted. Such
approval shall not be unreasonably withheld by management.
Section 2. The employee must complete the pre-shift trade form 10 days in
advance except in case of an emergency and submit it for the approval of his supervisor
for any trade of shift involving up to 30 days time or the length of one rundown period
(short term trade). If in excess of 1 day, an employee is restricted to two (2) short term
trades during any twelve (12) month period.
All recertification of paramedics and EMTs shall be done on duty at no cost to
the employee covered under this Agreement.
Employer will provide an annual training stipend of $3100.00 for completing
all required training.
ARTICLE 37 OVERTIME POLICIES AND PROCEDURES
A.SCHEDULED OVERTIME
Section 1. The supervisor will post scheduled overtime for employees to
view eight (8) days prior to the start of each new monthly rundown. This overtime
posting will include classification (EMT or Paramedic), date and starting time of the
overtime opening.
Section 2. Employees may volunteer for this overtime by submitting a
completed scheduled overtime request form to the on-duty supervisor or by placing the
request in the overtime bid box. The on-duty supervisor will place the overtime
request in the appropriate supervisor’s basket. The deadline for submitting overtime
requests will be 48 hours prior to the start of the new monthly rundown. No one will
be allowed to “bump” another employee, regardless of seniority, unless his/her
overtime request form was received prior to this deadline. Each overtime request
should be stamped with the date and time before placing it in the bid box. The
supervisor will then award the overtime shifts in compliance with the following
procedures:
(a) If more than one person has volunteered for an open overtime
position, the person with the most seniority who is ready, willing and able to work will
be awarded the scheduled overtime shift.
(b) Overtime will be filled on an EMT-for-EMT and Paramedic-forParamedic basis. If a volunteer in the EMT classification is not available for the posted
overtime, a Paramedic can fill the EMT position. However, an EMT can fill a
Paramedic position only if there is adequate ALS coverage to assure every truck on the
shift is ALS. (An EMT can be used to fill a Paramedic position in a double Paramedic
ARTICLE 13
OVERTIME
Section 1. An employee will receive one and one-half (1 1/2) times his regular
hourly rate of pay for all hours worked in excess of forty (40) in any one (1) workweek
(Sunday through Saturday). Unscheduled hours actually worked will be paid at the
overtime premium rate of one and one-half (1 1/2) times an employee's regular hourly
rate of pay regardless of total hours worked during the work week. Implicit in this
Agreement is the understanding that under no circumstances will an employee be
compensated at a rate greater that one and one-half (1 1/2) times his regular hourly rate
of pay for any one (1) hour worked.
Overtime shall be allotted as near as possible, equally among employees.
Overtime shall be allotted on the basis of departmental seniority. Once an employee
works unscheduled overtime or if he or she refuses to work unscheduled overtime or
there is no contact, he or she will be automatically passed by until a complete cycle of
the seniority list has been completed. After that cycle has been completed, it will be
started over again.
Section 2. Call-Back Time When Off Duty.
All Employees in the
Bargaining Unit of the Department shall be paid overtime at one and one-half (1 1/2)
times his or her rate of pay for all hours worked in excess of the established work day.
Any employee who is mandatorily held over shall receive a minimum of two (2) hours
overtime pay, and may be required to work the full two (2) hour period. If the employee
is released and elects to leave prior to the two hours, he will only be paid for the actual
hours worked.
Section 3. No employee within the Bargaining Unit shall be ordered to remain in
stand-by or on-call when off duty except during emergencies as authorized by the
ARTICLE 25
TRADES
Employees shall, with the approval of his or her supervisor, be permitted to
make trades of work hours with other employees, so long as each party is qualified to
perform the duties of the other. Employees, when working trades in accordance with
Article 24, shall not be entitled to any additional compensation
15
truck).
(c) If an employee volunteers for an overtime shift that is in conflict with
his/her regularly scheduled shift, the employee will not be awarded the overtime. The
overtime will be assigned to available volunteers based on seniority.
(d) Any overtime position that has not been filled by 48 hours prior to the
start of the new monthly rundown will be deemed mandatory in nature and handled as
such. The supervisor will utilize the mandatory overtime list that has been established.
Once the overtime has been deemed mandatory in nature, the overtime will be filled on
an EMT-for-EMT and Paramedic-for-Paramedic basis.
(e) If an employee has volunteered for an overtime shift and is
contacted for mandatory overtime that conflicts with the voluntary overtime shift, the
voluntary overtime shift will be worked by the employee. Otherwise, mandatory shifts
will be handled in the manner set forth in the section below dealing with the award of
Mandatory Overtime.
Employees failing to report for a voluntary or mandatory overtime shift
without leave approval from the Director will be considered AWOL and disciplinary
action will be taken in accordance with the guidelines set forth in this Agreement.
Director. In the event an employee is ordered to remain on duty, it shall be done
according to position in reverse order of Seniority.
B.
MANDATORY OVERTIME
Section 1. “Non-scheduled MOT” is overtime that is required to complete
the daily operations following a loss of personnel previously assigned to a given shift,
due to sick leave, emergency vacation, injuries sustained in the line of duty,
bereavement leave, unfilled scheduled voluntary overtime, or other unforeseen
circumstances. Supervisors shall issue this MOT to an employee working the previous
shift, who has the same job classification (EMT or Paramedic) as the open position.
The employee selected must be the lowest in seniority with the least amount of MOT
credits logged. A MOT list will be maintained by shift supervisors, and faxed to all
Divisions on a daily shift basis.
The employee required to work the MOT may choose to work the shift, or to
obtain another employee to work the shift in his/her place, without regard for seniority.
An MOT credit will be recorded for the originally assigned employee, regardless of
whether that employee works the shift, or finds a replacement.
Section 2. Each employee will be allowed three (3) “skip days” per month, to
be used at any time the employee does not wish to accept assigned MOT. The “skip
days” shall expire at the end of each month in which they are not used. The supervisor
shall contact employees on the MOT list based upon seniority, with the next most
senior employee contacted after an employee has utilized a skip day. If all employees
have used a skip day and the MOT still has not been awarded, the first employee
contacted will receive the MOT. Once an employee attempts to forgo the award of
MOT by claim of a skip day, that day shall be deemed to have been used (i.e., if a
supervisor attempts to award MOT and every employee claims a skip day, this means
that every employee has utilized one of his/her monthly skip days, even though the first
employee contacted will end up with the MOT on the second attempt to award the
shift.) Skip days may not, under any circumstances, be used on holidays.
Section 3. Other than utilizing a “skip day,” the only acceptable excuses for
16
refusing to work MOT will be for approved leave usage (including sick leave,
previously-scheduled doctor/dental appointments, bereavement, military training, or
approved vacation). If an employee has paid for out-of-town travel, but is not on an
approved vacation, the employee must provide proof to his/her supervisor that such
tickets were purchased prior to the MOT assignment. Other situations may be
considered, but must be approved by the Assistant Director/Operations, or designee.
Employees on an approved leave for 21 days or longer, due to primary vacation,
illness, worker’s compensation injuries, or military training, shall not be required to
“catch up” the mandatory shifts. Employees who are precepted for any reason shall
also be exempt from MOT requirements. Supervisors shall adjust the MOT list to
reflect excepted employees’ exclusions during their periods of absence.
ARTICLE 39
WORK DAY AND WORK WEEK
Section 1. The workday shall consist of at least eight (8) consecutive hours,
if ready, willing and able to work.
Section 2. Employees shall have regular starting and quitting times. The
Employer will publish the list of times and furnish it to the Union. If the department
intends to make a shift change they will notify the Union and a conference will be held
with Union representatives prior to implementing the shift change. Employees will be
given at least ten (10) working days notice of the change.
Section 3. The workweek shall be Sunday through Saturday for those on 8hour shifts, and shall consist of forty (40) hours per week, if ready, willing and able to
work. The employees recognize their obligation, unless excused by supervisory
authority or by other provisions of this Agreement to work the eight (8) hours per day
and forty (40) hours per week.
Section 4. OVERTIME PAY - One and one-half (1 1/2) times the regular
hourly rate shall be paid for all hours worked in excess of forty (40) hours in a week.
An employee who works part of a week and takes a paid leave, except sick leave, is to
be compensated at a rate of one and one-half times his/her regular rate for all paid
hours.
ARTICLE 16
WORK WEEK
The Department shall be divided into three (3) shifts. Each shift shall be on
duty for twenty-four (24) consecutive hours, after which the shift serving twenty-four
(24) hours shall be allowed to remain off duty for forty-eight (48) consecutive hours,
except in cases of emergency. The normal workday for 56-hour employees will be from
0800 hours to 0800 hours. The Employer shall endeavor to operate an adequate number
of Medical Transport Units to provide coverage in an efficient manner with
consideration for the safety of the members and/or the community.
ARTICLE 41
HEALTH AND WELFARE
The Employer and the Union have agreed to implement health insurance
plans for all members of the EMS Unit. The employee may choose which plan he/she
would like for his/her medical coverage. Of the plans provided for selection, the
Employer will pay 90% of the premium cost of the least expensive health insurance
plan for single coverage, employee spouse coverage and employee-children coverage;
the Employer will pay 75% of the least expensive health plan offered for family
coverage.
ARTICLE 42
HEALTH
Section 1. The Employer shall provide employee hospitalization coverage on all
employees. A representative of the Union shall be invited to participate in an advisory
capacity in the formulation of any health insurance the Employer procures for its
employees.
Beginning with the Health Plan year January 2004, the Employer will evaluate
the cost of health insurance and select a ‘Employer Designated Health Insurance Plan’
and adopt a contribution formula that requires the Employer to pay the full cost of the
individual employees coverage under the Employer’s Designated Health Insurance plan,
or the same amount of money to any other medical plan the Employer makes available,
or 75% of the cost for dependent coverage for the Employer’s Designated Health
Insurance Plan or the same amount of money to any other medical plan for dependents
that the Employer makes available.
ARTICLE 42
LIFE INSURANCE
The Employer will provide all eligible employees with a group life insurance
plan with a $15,000 benefit upon the death of the employee.
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ARTICLE 45
MEDICAL EXAMS
Each employee covered by this Agreement shall receive a complete medical
examination every twelve (12) months, paid for by the Employer. Employees age 30
years or older shall receive in addition to the regular medical exam a qualified EKG test
and such other medical tests as may be required because of age. Should any medical
difficulty be found, both the employee and the Employer shall be notified immediately,
indicating the extent and seriousness and should the employee remain on duty or report
to work. Each employee shall, upon his or her written request within ten (10) days after
the medical examination, be furnished a complete record of results of said medical
examination.
Employees will not be required to answer questions when taking their medical
exams that would implicate their participation in any illegal activities.
A stress EKG shall be given to twenty-five (25) employees per year within the
Bargaining Unit with ten (10) years of employment or more, who are 30 years of age or
older, upon request, on a seniority/rotation basis. The Employer shall provide, at no cost
to the employee, an annual flu shot for all employees who request them.
ARTICLE 44
VACATIONS
Section 1. Annual vacation leave with pay shall be granted to all employees
covered by this Agreement in the manner outlined in Section 2, as follows:
Section 2. Vacation time shall accrue on a monthly basis in accordance with
the following schedule:
EMPLOYERSERVICE SENIORITY VACATION ACCRUAL
Less than 5 years
8 hours per month
Less than 10 but at least 5 years
10 hour per month
Less than 15 but at least 10 years
13 1/3 hours per month
At least 15 years
16 2/3 hours per month
Section 3. Except as otherwise provided herein, each employee, if practical,
may take his annual vacation in the calendar year in which it is earned. Vacation not
taken shall be accumulated. Under no circumstances shall vacation accumulate to
exceed forty (40) workdays, per calendar year.
Section 4. Upon separation from employment for any reason, an employee
shall be paid for all accrued, unused vacation leave not to exceed thirty (30) workdays.
Such payment will be made in one payment in the final paycheck of the employee.
Section 5. Part time employees (17 1/2 hours per week) shall earn vacation
credit on a pro rata basis.
Section 6. All vacation leave shall be computed as time worked.
Section 7. Beginning on the second Monday in January, each eligible
employee will be assigned a date and time to report to Headquarters to select his/her
primary vacation. The date and time assigned will be based on seniority. The
employee will be permitted to view the calendars posted for the Service and make
ARTICLE 17
LEAVE DAYS
Section 1.An employee with more than one (1) year's service with the
Department is entitled to an annual vacation with pay.
Section 2. (a) All vacations for 56-hour personnel shall be granted, based
upon departmental seniority, according to rank in the shift that an employee is assigned.
(b) Vacations/Personal/Flex and Holidays have been combined into a new
Leave Days. The purpose of "Leave Days" is to convert all time from calendar days to
Duty Days. This conversion is as follows:
Completed Service (as of July 1st of the Fiscal Year in which vacation is taken)
Year
1
2-4
5-7
8 - 10
11 -13
14 +
Duty Days Off
9 Duty Days
10 Duty Days
11 Duty Days
12 Duty Days
13 Duty Days
14 Duty Days
(c) Vacation & Leave Days shall be taken based on the following procedure:
1. The maximum number of duty days any employee can select is
13 duty days. Therefore, any employee with 14+ years must designate at least
1 duty day as a “Leave Day”, and they can designate up to 3 duty days as
“Leave Days”. Any employee with less than 14 years may choose to select all
of their vacation days or they can designate up to 3 duty days to be held as
“Leave Days”.
18
his/her primary vacation selection at the assigned time. Prior to selection, the
employee will be advised how many vacation hours are available for utilization.
Employees can only use time they will have accumulated by the vacation period they
select. Primary vacation periods will be awarded by seniority, and in writing, at the
time of calendar selection. The primary vacation period selection must be completed
by end of the Friday of the second week of January.
A Primary vacation is defined as a single period, unbroken, not to exceed
twenty-one calendar days.
If an employee fails to report to Headquarters at the assigned time, the vacation
selection process will continue down the seniority list in order, unless the employee is
physically unable to report at the assigned time because of extenuating circumstances.
In that case, the employee must make phone contact with the Assistant Director, or
designee, during the employee’s assigned selection slot. The employee that fails to
report or call during his/her assigned selection period will have the opportunity to
select a primary vacation when he/she reports to Headquarters. However, that
employee will not be allowed to bump any less senior employee from an already
assigned primary vacation period.
Any change in primary selection, once awarded, will only be made from such
periods of time as may be available after all employees, regardless of seniority, have
been awarded a primary vacation period. This will be done on a first-come, firstserved basis, and must be completed before the start of secondary vacation selection.
After secondary vacation selection has begun, an employee will not be allowed to
change, cancel or otherwise amend his/her primary vacation period.
Section 8. Secondary vacation periods will be selected and awarded in the same
manner described above, beginning in the third week of January and must be
completed by the end of the third week of January. Secondary vacation is defined as a
single period or combination of periods, based on seniority, beginning at ten (10) days
or a combination of ten (10) vacation days, increasing with seniority to fifteen (15)
days or combination of days after ten years of seniority, then increasing to twenty (20)
days or combination of days, after fifteen years of seniority.
Section 9. Beginning after five years of seniority, through ten years of
seniority, the employee will be eligible to choose an additional three (3) individual
vacation days. Beginning after ten years of seniority, through fifteen years of seniority,
the employee will be eligible to choose an additional four (4) individual vacation days.
Beginning after fifteen years of seniority, the employee will be eligible to choose an
additional five (5) individual vacation days.
Section 10. An employee should schedule all of the primary and secondary
vacation days he/she wishes to receive during the vacation selection period. Vacation
time not scheduled during the primary or secondary vacation period (i.e., individual
vacation days) may be scheduled pursuant to the needs of the Department. If such
periods are granted, they will be on a first-come first-served basis without regard to
seniority. However, the scheduling and coverage needs of the Department will dictate
whether or not such vacation periods are granted. Any vacation request that falls
outside of the primary or secondary scheduling period must be submitted to the
employee’s supervisor by the 15th of the month, prior to the month in which the
2. “Leave Days” are the one (1) to three (3) duty days an employee
designates to be held from their vacation balance.
3. After the vacation selection process is completed and prior to
July 1st, each employee who has “Leave Days” shall have the option to lock in
specific dates for their “Leave Days”. This shall be done by seniority, by shift.
Employees not locking in specific dates for their “Leave Days” will have the
option to use those days through out the fiscal year by making a request to
their supervisor. All requests must be made at least 12 hours prior to the start
of the employee’s shift. Requests will be approved on a ‘first come, first
serve’ basis, if there are “Leave Days” slots available.
4. There shall be a maximum of 9 employees allowed off per shift
for Vacation/Leave Days.
5.
If at the end of the fiscal year an employee has not used “Leave
Days”, the employee shall be paid for the total number of unused “Leave
Days” hours times their base hourly rate. This will clear the books for the
fiscal year, so there will be no carry over of time.
Section 3. Emergency vacations may be granted to employees coming under
this Article upon showing the need thereof, provided the employee has accrued unused
vacation leave to his or her credit.
Section 4. Vacations shall be granted from July 1 through June 30 of each
fiscal year.
Section 5. No employee in the Bargaining Unit shall be required to use his or
her vacation during a personal illness or injury when his or her illness or injury shall
have occurred prior to the beginning of his or her vacation. Employees coming under
this Article shall accrue vacation in the normal method and shall not have a limit placed
upon the number of vacation days accrued. When the employee returns to duty, he shall
granted the number of vacation days he has accrued. If unable to return to the
Department due to an in-line-of-duty injury, he shall be paid on the total number of days
accrued.
Section 7. Vacations for employees coming under this Article shall not be
canceled except in cases of emergencies.
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individual vacation days are requested. Regular employees who have been awarded a
primary or secondary vacation on one shift, and voluntarily bid onto another shift will
be given the opportunity to carry over their vacation to the new shift with the following
limitations:
Employees will be awarded any open days that are available on their new
shift. Employees will not be given the opportunity to bid on any days that were not
originally awarded to them. If a date or dates become “open” due to an employee
changing shifts or employment status, an individual who had previously selected that
period as a primary or secondary vacation on a “not guaranteed” basis, shall be notified
as soon as practicable that his/her vacation selection has been upgraded to
“guaranteed” status. If no employees have selected the now open date(s) as part of a
primary or secondary vacation period, the open date(s) shall be made eligible for bid as
an individual vacation selection, as outlined in this Article.
The primary and secondary vacation days granted for each shift shall result in
the scheduled absence of no more than three (3) people each for the first and second
shift, and no more than two (2) people for the third shift, per day. Exceptions may be
made by the Director if training sessions are cancelled on, or around holidays. Such
changes will be communicated in writing to all personnel.
If an employee voluntarily trades shifts with another employee, neither
employee will be allowed to carry earlier-scheduled vacation to the new shift.
An employee on probation during the vacation selection period will be allowed
to choose a secondary vacation upon completion of his/her probationary period. The
selection will not be allowed to decrease the street coverage of the Department, nor
may the vacation selection cause any more senior employee to have his/her vacation
reduced. The employee will be given the opportunity to request any open days for the
remainder of the current vacation period. “Open” means that the maximum number of
personnel per shift has not been awarded vacation on that day.
Years of service
Vacation Selection
1-5
21 consecutive days
10 secondary days
0 individual days
6 - 10
21 consecutive days
10 secondary days
3 individual days
11 - 15
21 consecutive days
15 secondary days
4 individual days
16 - higher
21 consecutive days
20 secondary days
5 individual days
Section 11. Senior employees may waive the right to select at these times with
20
the understanding that if they select at a later date, they may not "bump" less senior
employees who have already selected.
Section 12. In-service training will not interfere with, nor cause a regularly
scheduled vacation to be canceled, unless mutually agreed upon between the employer
and employee.
ARTICLE 46
HOLIDAYS
Section 1. The following paid holidays are recognized by the Employer for all
regular employees:
Easter Sunday
Labor Day
New Year's Day
Thanksgiving Day
Martin Luther King's Birthday
Friday following Thanksgiving Day
Memorial Day
Christmas Eve
Independence Day
Christmas Day
Section 2. Martin Luther King's birthday shall be celebrated on the third
Monday in January. All other holidays shall be recognized on the day on which they
fall. To be entitled to holiday pay, an employee must report for work on the last day
requested before the holiday and the first day requested after the holiday and must
work sometime during the holiday week. Time off for holidays shall be computed as
time worked.
Section 3. Eligible employees will be paid for holidays. In addition, nonexempt
employees shall have an amount added to their accrued vacation leave equal to hours
actually worked on the holiday. Employees who are regularly scheduled off on a
holiday and who are still required to work a standard work week shall have one day
added to their accrued vacation leave.
Section 4. If an employee anticipates reaching the 320-hour “cap” on
vacation accrual by the end of the calendar year, that employee may elect to have the
Employer “buy” up to 40 hours of his/her accrued vacation time. Such employee’s
accrued vacation time may under no circumstances go below 280 hours by year-end as
a result of the buyback. In order to be eligible for the buyback, the employee must be
scheduled to take, or have taken, all allotted vacation time (i.e., primary and secondary
days), prior to filing for the buyback. The request must be submitted, with completed
September time sheets that have been signed by the Department Director. If submitted
information is received and verified by the Human Resources Department by October
31, the check for holiday pay will be issued by December 15 of that calendar year.
ARTICLE 45
SICK LEAVE
Section 1. Sick leave with pay shall be granted to full-time, regular
employees at the rate of one (1) day for each full month of service. Employees shall
receive credit towards sick leave accrual for designated holidays, vacation, military
leave and other paid authorized leave.
Section 2. Unused sick leave shall be accumulated without any maximum.
Section 3. Sick leave with pay shall be granted to employees when they are
incapacitated for the performance of their duties because of sickness or injury, or in
case of serious illness in the employee’s immediate family. The immediate family
consists of employee’s spouse, children, stepchildren, parents, parents-in-law,
ARTICLE 22
SICK LEAVE
Section 1. The following provisions shall be implemented effective July 1,
1988. The program shall apply to all 56-hour employees, hereinafter referred to as "Pool
Plan" participants. Employees shall request of the Director (or his duly authorized
representative) paid sick leave.
The Director or his duly authorized representative shall not unreasonably or
arbitrarily deny paid sick leave. There shall be no limit on the amount of such leave the
Director may authorize.
At the end of each fiscal year, the Director or his designee shall calculate the total
number of paid sick hours taken by all "Pool Plan" participants during that fiscal year. At
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stepparents, grandparents, grandparents-in-law, brothers, stepbrothers, sisters,
stepsisters, grandchildren, and any member of the employee’s household.
Section 4. No employee shall be entitled to sick leave in excess of the
amount of such leave then accumulated to his/her credit.
Section 5. To receive paid sick leave an employee shall communicate with
his/her immediate supervisor, or their authorized representative at a minimum, two (2)
hours before the beginning of the employee’s scheduled shift.
Section 6. Sick leave abuse shall be defined as using sick leave consistently
as it is earned. Additionally, use of sick leave either before or after off days in a
consistent pattern shall be deemed to be sick leave abuse. Employees who are found to
be sick leave abusers or any employee who calls in sick when denied a vacation day
may be required to furnish proof of the necessity for any absence. Abuse of sick leave
may subject an employee to discipline up to and including discharge.
Section 7. Employees who have not used sick leave for six (6) consecutive
months may elect to convert accumulated sick leave to vacation leave. Two (2) sick
leave days may be converted to two (2) days of paid vacation leave in any six (6)
consecutive month period. The conversion period shall begin the first day of the
month following the last use of sick leave. An employee must have worked during five
(5) of those months in order to convert sick leave to vacation leave.
Section 8. The conversion request must be made within ninety (90) days after the
completion of the six (6) month qualifying period. Any month of service used as the
basis for one conversion may not be used as the basis for a second conversion.
ARTICLE 52
IN-LINE-OF-DUTY INJURY
Section 1. It is the intent of Employer to provide medical and hospital care for
the end of each fiscal year, the Director shall also calculate the number of paid sick
hours in excess of 288 hours taken by any "Pool Plan" participant during the fiscal year
as a result of catastrophic illness, conditions, or disease including, but not limited to,
cancer or lung disease and conditions, serious non-work-related injuries, and pregnancy,
which shall be considered non-chargeable sick hours. Said sick days taken by a "Pool
Plan" participant as a result of a catastrophic illness, disease, or condition need not be
consecutive.
At the end of each fiscal year, the Director shall determine the total number of
paid sick hours charged to all "Pool Plan" participants by subtracting the number of
"non-chargeable" sick hours from the total number of sick hours. At the end of each
fiscal year, the Director shall calculate the average number of "Pool Plan” participants in
the Department during that fiscal year. This average shall be calculated using personnel
counts on the first day of each month. At the end of each fiscal year, the Director shall
calculate the average number of paid sick hours charged to the "Pool Plan" participants,
total chargeable sick hours divided by average number of Pool Plan participants.
If, in any fiscal year, the average number of sick hours charged to "Pool Plan"
participants is less than forty-eight (48) hours, then each participant in the "Pool Plan"
shall receive a one-time bonus. This bonus shall take the form of additional vacation
time, (i.e., time off from a regularly scheduled work day.) The amount of vacation
bonus shall be equal to the difference between forty-eight (48) hours and the average
number of sick hours charged to the "Pool Plan" participants.
If, in any fiscal year, the average number of sick hours charged to the “Pool
Plan” participants is greater than ninety six (96) hours, then each participant shall pay a
one-time penalty; provided, however, no participant shall pay this penalty if the
employee uses twenty-four (24) hours or less sick leave in that fiscal year. The penalty
shall take the form of lost vacation time. The penalty shall be assessed on a pro-rata
basis among the participants based upon their usage for the year. The penalty shall be
computed according to the following steps:
Step 1: The total number of sick hours used.
Step 2: The average number of participants for the year multiplied by 96 hours.
The total in Step 2 shall be subtracted from the total in Step 1. This shall
determine the total number of hours to be repaid as penalty, if any.
The pro-rata share of the penalty to be repaid by each participant shall be
calculated by dividing the total number of hours used by those being penalized into the
total number of hours to be repaid. This fraction shall then be multiplied by the number
of hours of sick leave used by each individual participant. The resulting figure will
determine the total penalty to be repaid by each respective participant, rounded to the
nearest ½ hour
If, in any fiscal year, the average number of sick hours charged to "Pool Plan”
participants is greater than or equal to forty-eight (48) hours but less than or equal to
ninety-six (96) hours, then there shall be no vacation bonus or deduction.
Each fiscal year shall be calculated on its own merit. There shall be no
carryover of “unused” sick hours from year to year.
ARTICLE 23 IN-LINE-OF-DUTY-INJURIES
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EMS personnel for certain in-line-of-duty injuries.
Section 2. The Employer agrees to pay medical and hospital expenses required
for the treatment and rehabilitation of in-line-of-duty injuries and service connected
disabilities sustained by employees while engaged in emergency action involving
direct contact with the public only; provided, however that such payment is to be made
only in excess of, or if not otherwise paid by, all applicable hospital, medical and
worker’s compensation insurance, or other remunerative process.
Section 3. “In-line-of-duties” injuries shall be construed to mean those injuries
sustained by employees while engaged in service-related emergency action,
commencing with the receipt of a dispatched run and subsequent commitment to a
response, or engagement in a spontaneous response to a perceived emergency situation.
Section 4. Any employee injured in-line-of duty (Section 2 defined) shall not
be required to use accrued leave for the first seven successive calendar days he/she is
required to miss work following the injury. If the employee is unable to work on the
eighth consecutive calendar day, then worker’s compensation shall begin on the eighth
day.
Section 5. The Employer shall have sole discretion to determine whether a
compensable in-line-of-duty injury has occurred pursuant to Section 2.
Section 6. Any employee injured while on duty, who elects to use sick leave
to supplement worker’s compensation benefits, will continue to be eligible to convert
sick leave to vacation accrual six months from the last day sick leave was used. The
employee must have worked five months of the six-month period prior to accrual. To
qualify under this article, an employee must have been deemed eligible for worker’s
compensation benefits by the Employer’s compensation carrier.
Section 7. If an employee is injured in the line of duty, his/her bid slot
shall remain intact for a period of 12 months from the date of injury, or his/her return
to work, whichever occurs first.
The Employer will assume and pay directly from its own funds or through the
proceeds of insurance procured by the Employer, or a combination thereof, medical and
hospital expenses (in excess of or not otherwise paid by all applicable hospital, medical,
and worker's compensation insurance) required for the treatment of in-line-of-duty
injuries and service-connected disabilities sustained by employees covered under this
Agreement. Any employee covered under this Agreement sustaining an in-line-of-duty
injury or a service-connected disability may select the doctor and hospital of his choice
for such required treatment. Such treatment shall be paid for, for the duration of injury
and/or treatment.
ARTICLE 62
CLOTHING AND PERSONAL BELONGING REPLACEMENT
Initial issue of uniform shall include the items listed below. The Employer has
ARTICLE 36
Section 1.
ARTICLE 24 PENSION BENEFITS FOR INJURY OR DEATH IN LINE OF DUTY
Section 1. If any employee shall die from service-connected cause, excluding
disease, the Employer shall pay to his designated beneficiary, who is listed as the
beneficiary with the Employer for the purpose of pension benefits, the employee’s
regular salary, plus longevity pay, without inclusion of unscheduled overtime pay, in
equal monthly payments for a period of twelve (12) months, in addition to any
applicable pension benefits. It is understood that the intention of such a provision is to
compensate survivors in the event of the death of an employee casually related to his
service as an employee as distinguished from the normal hazards to which general
members of the public are exposed. Written designations of beneficiaries named by the
employees shall be kept by the Director and may be amended or changed at any time by
the employees.
Section 2. In the event an employee shall receive in-line-of-duty injuries or
suffer service-connected disability rendering him temporarily unable to perform his
duties, he shall receive in supplement to any Workers Compensation Income benefits
which may be due, in equal monthly payments during such temporary disability, but not
to exceed in all a period of twelve (12) calendar months commencing from the date of
injury, the difference between any Workers Compensation Income benefits due or
received and his regular salary. However, upon a determination at any time by medical
authorities that the employee is permanently disabled from performing his duties, then
the twelve (12) month period may terminate short of twelve (12) months and the
employee dismissed for non-disciplinary related reasons.
Section 3. Burial Benefit.
If a member should die from a service connected
death due to injury (excluding death due to heart and lung disease) while in the
performance of his/her duty for the Employer, the Employer shall pay to his/her
surviving spouse or surviving dependent or estate wherever applicable, the sum of up to
$5,000.00 for the express purpose of defrayment of funeral and burial expense.
23
CLOTHING AND PERSONAL EFFECTS
All new employees shall be furnished, at the Employer's expense, all
the right to amend the initial issue as needed to comply with appropriate federal, state
and local laws and OSHA regulations. The Employer may substitute, as appropriate,
new uniform items that are better than those listed. However, such substitution must
be with the concurrence of the Union.
Initial issue of uniform shall include:
5 shirts (choice of long or short sleeve, or any combination thereof)
4 pair of trousers
1 M65A Field Jacket with liner
1 Chill Chaser with liner
1 pair of boots
1 set of rain gear
1 clarino belt
1 ball cap
1 glove pouch
There are a number of accessory items such as watch cap, gloves and scarves that are
approved for wear but are not provided by the Employer. Only authorized accessory
items may be worn. Safety items such as fire helmets and eye protection will be
provided on each truck for use by employees.
Employees will have a choice of three different styles of boots from which
their pair may be chosen. The Union will determine the vendor(s) to be utilized in
provision of the boots.
The uniforms worn and equipment, such as jump kits, used by employees
will be inspected on a regular basis by the shift supervisor. Should an employee
damage a uniform item in the line of duty, the employee must submit, as soon as
possible, a letter or explanation regarding how the damage occurred. Employees will
bring the damaged or worn article to their regularly scheduled in-service training. The
item will be inspected by the Inventory Control Specialist or other individual
designated by the Director and a determination made as to replacement or repair. If the
item to be replaced is in stock, immediate replacement will be issued. If the item is not
in stock, it will be ordered from the appropriate vendor. The employee will be notified
via interdepartmental mail when the item has been delivered. The employee will pick
up their order on their next scheduled in-service training day.
If the uniform or jump kit equipment is lost, stolen or damaged due to
negligence, the employee is responsible for reimbursing the Employer for the repair or
replacement of the uniform or jump kit equipment. Progressive discipline will be
issued for negligent loss or damage of uniform or jump kit items.
The Employer shall replace, repair, or reimburse (where applicable) the value,
subject to depreciation, any article ruined or destroyed belonging to an employee who
is lawfully performing his/her duty.
initial clothing and equipment approved by the Employer and the Union upon
completion of one year. All clothing and equipment, except items in Section 1 (f) of
this Article, become the property of the employee upon completion of his or her first
year of employment. Upon completion of the probationary period, he or she shall be
furnished one (1) dress uniform.
Any changes in the current clothing listed in Appendix A or any new item added to the
current clothing listed in Appendix A, the Employer shall, at its expense, furnish the
initial purchase.
Section 2. The Employer shall replace any of the items below that are damaged
beyond reasonable repair, misplaced, broken, lost or stolen at emergency operations or
while in quarters. Replacement shall be limited to one per year for non-emergency
operations.
Section 3. Each employee of the Department, having completed one (1) year's
service, shall be provided a clothing allowance of: $725.00, payable in cash in two (2)
equal installments during the respective fiscal year, for the purchase of official clothing
and optional clothing as approved from time to time by the Union and the Employer to
be used in the performance of each member's duties in the Department. Clothing
allowance checks shall be issued in the month of April and the month of October of each
calendar year
Section 4. Clothing for Paramedics and EMTs:
Tie, Approved 1
T-shirts, blue 2
Pants, Work 3 pair
Shirts, Short sleeve, blue 3
Shirt, Long sleeve, blue 1
Nameplate, engraved (Silver) 1
Sweat Shirts 2
Shoes, work, black, 1 pair
Belt, 1-1 ½” (Silver buckle) 1
Cap, Baseball 1
Cap, Uniform 1
Jacket, Uniform (work) 1
Bunker Boots 1 pair
Fire Coat 1
Bunker Pants 1 pair
Suspenders 1 pair
Gloves 1 pair
Uniform, dress blue 1
Shirt, long sleeve, white 1
ARTICLE 64
PRECEPTOR
The Director, or his/her designee, in conjunction with the Labor Management
24
Committee, shall designate employees as preceptors to train and evaluate E.M.T.s or
paramedics. Preceptors may also be required to train and evaluate students who are
completing their clinical requirements. Designated preceptors shall receive an
additional $1.00 per hour for each hour spent as preceptor, whether for E.M.T.s,
paramedics, or students. It is understood and agreed that an employee has the right to
refuse to be a part of the preceptor program. The Labor Management Committee will
develop guidelines and procedures for this program, to be submitted for consideration
by the Director.
ARTICLE 65
Start
12 mo
3 yr
5 yr
7 yr
9 yr
11 yr
13 yr
15 yr
17 yr
19 yr
County EMT
Hourly rate
10.88
11.65
12.92
13.36
13.83
14.32
14.82
15.34
15.88
16.43
20.04
SALARY SCHEDULE
ARTICLE 14
County Paramedic
Hourly rate
13.49
14.45
16.02
16.58
17.16
17.77
18.40
19.04
19.72
20.40
24.89
AVERAGE OVERTIME PER EMPLOYEE PER YEAR
EMT $4260
Paramedic $5286
Start
12 mo
3 yr
5 yr
7 yr
9 yr
11 yr
13 yr
15 yr
17 yr
19 yr
SCHEDULE OF PAY
City EMT
Hourly rate
9.258
9.900
10.462
12.895
12.984
12.994
13.003
13.013
13.023
13.264
13.505
City Paramedic
Hourly rate
11.197
11.458
12.766
14.666
14.755
14.765
14.774
14.784
14.794
15.035
15.276
AVERAGE OVERTIME PER EMPLOYEE PER YEAR:
EMT $13, 862
Paramedic $16,121
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