WORKING AGREEMENT
BETWEEN
Tualatin Valley Professional
Fire Fighters Union
and
JULY 1, 2009 THROUGH JUNE 30, 2012
TABLE OF CONTENTS
Article 1 Contracting Parties ................................................................................................2
Article 2 Recognition ...........................................................................................................2
Article 3 Union Security ......................................................................................................2
Article 4 Management Rights ..............................................................................................3
Article 5 Probationary Period ..............................................................................................4
Article 6 Hours of Work and Overtime ...............................................................................5
Article 7 Seniority ................................................................................................................7
Article 8 Layoff ....................................................................................................................8
Article 9 Trade Time ............................................................................................................9
Article 10 Temporary Assignment .....................................................................................10
Article 11 Education Reimbursement ................................................................................10
Article 12 Paid Time Off Program .....................................................................................11
Article 13 Payroll Deductions ............................................................................................13
Article 14 Other Time Off .................................................................................................13
Article 15 Leaves of Absence ............................................................................................14
Article 16 Discipline and Discharge ..................................................................................15
Article 17 Grievance Procedure .........................................................................................16
Article 18 Personnel Files ..................................................................................................17
Article 19 Payroll ...............................................................................................................17
Article 20 Wellness ............................................................................................................17
Article 21 Health and Welfare ...........................................................................................18
Article 22 Retirement .........................................................................................................19
Article 23 Workers’ Compensation ...................................................................................21
Article 24 Allowances........................................................................................................22
Article 25 Wages................................................................................................................22
Article 26 Continuity of Performance ................................................................................24
Article 27 Promotions ........................................................................................................24
Article 28 Savings ..............................................................................................................24
Article 29 Comprehensive Agreement, Closure, and Existing Conditions........................25
Article 30 Discrimination ..................................................................................................25
Article 31 Conversion of Wage and Benefits Accruals .....................................................25
Article 32 Drug and Alcohol Testing .................................................................................26
Article 33 Kelly Days.........................................................................................................26
Article 34 Term of Agreement ...........................................................................................27
Union Side Relief Letter ....................................................................................................28
Attachment A .....................................................................................................................29
Attachment B .....................................................................................................................33
Attachment C – SOG 5.2.1 ................................................................................................34
Substance Abuse Policy .....................................................................................................41
2007 – 2009 Working Agreement
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ARTICLE 1
CONTRACTING PARTIES
1.1
This is an agreement by and among Tualatin Valley Fire and Rescue, hereinafter “the
District" and the International Association of Firefighters Local 1660, hereinafter "the
Union," for the purpose of setting the wages, hours and working conditions of District
employees within the bargaining unit.
1.2
This contract will be the Sole Agreement governing wages, hours, terms, and conditions of
employment unless specifically exempted in this agreement. No individual agreements
limiting any rights or benefits provided under this agreement will be allowed between
individual members of the bargaining unit and the District.
ARTICLE 2
RECOGNITION
2.1
The District recognizes the Union as the exclusive collective bargaining representative of all
employees in the classifications identified in Exhibit A. Nothing in this agreement will be
construed to limit the temporary assignment of non-bargaining unit personnel to the
performance of bargaining unit work for fire prevention or training purposes or in
emergencies caused by the inability to fill a position with bargaining unit personnel.
Furthermore, nothing in this agreement will be construed to limit the assignment of nonbargaining personnel to the performance of bargaining unit work at emergency scenes if that
work is performed to assist, rather than replace bargaining unit personnel or their work load.
2.2
a.
If during the duration of the agreement any new job classification is developed by
Human Resources, at the direction of the Fire Chief, Local 1660's President will be notified
before the position is filled on a permanent basis.
b.
Within ten (10) days of such notification, the Union and the District will resolve
whether or not the new position meets the criteria for inclusion in Civil Service as a
classified position.
c.
In the event agreement is not achieved, the decision will be referred to the Civil
Service Commission at the next scheduled meeting. In that event, the position will not be
filled permanently until the Commission has met to make such determination.
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ARTICLE 3
UNION SECURITY
3.1
The District and the Union agree that a "Fair Share" agreement exists for all members of the
bargaining unit and includes all new employees after thirty (30) days of employment.
3.2
The parties agree that the provisions of ORS 243.666 regarding fair share shall be applied to
all employees in the bargaining unit who decline membership in the Union and that the
Union shall inform those employees of their obligation to pay union membership dues or
fair share contributions.
3.3.1
With the exception of First Aid, CPR, and Fire Extinguisher courses, District employees
will be given first opportunity to teach enterprise classes at the District’s Training Center
provided:
a.
b.
c.
d.
Any State of Oregon prerequisites are met.
Instructor has taken the specific and user course.
Instructor can maintain competent instructional abilities in the specific course
material.
Instructor maintains a high degree of student satisfaction on course critiques
completed by those instructed.
Instructor certification by the DPSST will be preferred but may not be required in specific
instances.
3.3.2
Courses offered by RTSC and available to be instructed by employees are solely the
province of management. Courses for which instructors are sought will be posted quarterly.
The order of preference for instructors selected will be first to Training Department staff,
second to other District employees, and to outside contractors only in the absence of
availability of the first two groups.
3.3.3
Pay to employees instructing will be at the contract rate of time and one-half pay in their
classification.
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ARTICLE 4
MANAGEMENT RIGHTS
4.1
The parties agree that the District retain any and all rights not modified by a specific
provision of this agreement. By way of example and not by way of limitation, the District
specifically retains the following rights and prerogatives:
a.
b.
c.
d.
e.
f.
g.
h.
4.2
To direct all aspects of work;
To determine job content;
To schedule and assign work;
To take disciplinary action for just cause;
Consistent with the obligation to bargain, to contract and subcontract work or
functions to be performed;
To determine the standards for any and all jobs and the standards and procedures
related to promotion;
To lay off;
To determine the need for new equipment and facilities.
Neither a decision nor the implementation of a decision concerning the foregoing shall be
subject to collective bargaining or to the grievance procedure, provided that nothing will be
construed to constitute a waiver of the obligation to bargain concerning the impact of an
exercise of management decision-making with respect to a mandatory subject of bargaining.
ARTICLE 5
PROBATIONARY PERIOD
5.1
All newly hired employees, including those formerly employed by the same employer, shall
be deemed on probation from the last date of hire for at least twelve (12) successive months
of regular full-time employment thereafter and must prove their qualifications to do the
work to the employer's satisfaction during that probationary period. The employer shall
evaluate the probationary employee's performance before the end of the period and
determine whether the employee has successfully completed probation.
5.2
In the case of the new hires, the employer in its sole discretion may discipline, discharge or
lay off an employee during the probationary period without recourse by anyone to the
grievance procedure. There shall be no seniority afforded to probationary employees in case
of layoff, bumping, and recall, provided that each employee shall accrue seniority in his/her
individual classification retroactive to the last date of hire as a regular full time employee
upon successfully completing the probationary period.
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5.3
An employee promoted to a higher classification within the bargaining unit shall be deemed
on probation for a period of twelve consecutive months in that classification. When an
employee is temporarily assigned to a higher classification, which may, at a later date,
become a promotional appointment, he or she may choose to begin the promotional
probation program for that classification. If the employee is subsequently promoted to the
temporary classification, without a break in the original assignment and if the employee
successfully completes the probationary program, the time of the temporary assignment will
be counted towards the normal twelve (12) month probationary period. An employee's
voluntary decision to initiate a probationary program in no way obligates the employer to
guarantee that a temporary assignment will become a promotional assignment.
5.4
If the District determines at any time in its sole judgment during the probationary period (or
extension thereof) that a promoted employee is not sufficiently qualified to perform the
work, the employee shall be returned to his/her former position and rate of pay without loss
of seniority in the former position but without recourse to the grievance procedure. In such
event, the employee involved may, within ten (10) days, request that the action be reviewed
by a committee consisting of two (2) representatives of the Training Office and two
representatives of the Human Resources Office of the District with their conclusion
forwarded to the Fire Chief for final determination.
5.5
The probationary period for all employees shall may be extended for any period of time for
which the employee is on an approved leave of absence, disability leave, or family medical
leave. Any new hire whose absence during probation makes continued assignment to a
training academy unproductive may, in the sole discretion of the District, be reassigned to
the next training academy with no accrual of seniority or benefits during the intervening
period.
5.6
The District in its sole discretion may extend the probationary period for any employee for
an additional period not to exceed three (3) months, if the employer determines that such
extension is appropriate to determine whether the employee is qualified to do the work. In
such event, the District shall notify the employee of such extension in writing.
5.7
The District agrees that it will evaluate employees during the probationary period following
promotion at not less than ninety (90) day intervals. Employees whose performance is less
than satisfactory at any stage of evaluation may be returned to their prior classification.
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ARTICLE 6
HOURS OF WORK AND OVERTIME
6.1
All shift personnel will be paid overtime on the basis of a tour of duty consisting of a
twenty-seven (27) day period. All time worked in addition to an employee’s normally
scheduled shift shall be compensated at time and one-half. Time worked shall not include
leave time such as vacation, personal, or sick leave, in accordance with the FLSA.
6.2
The fifty-three (53) hour work week for shift personnel shall be recognized as twenty four
(24) consecutive hours on duty followed by forty-eight (48) consecutive hours off duty
with one (1) shift off within each eighteen (18) shift Kelly cycle. Effective January 1,
2008, the Kelly cycle will be reduced to sixteen (16) shifts. Shift start time will be 0700
hours for the standard fifty-three (53) hour workweek. Alternative workweek
configurations may be adopted by the District in any operation subject to the following
conditions:
6.3
6.2.1
A minimum of thirty (30) days prior notice to the Union and to affected
employees will be provided, except in the case of assignments to fill vacancies
and to staff Peak Activity Units under Section 6.8.
6.2.2
Pay and benefit accrual will be converted to appropriate equivalents based on
hours worked in relation to the fifty-three (53) hour workweek. These conversions
and alternative work schedule pay formulas are shown in Attachment B.
6.2.3
Any employee assigned to work an alternative work schedule (a schedule other
than the twenty-four/forty-eight (24/48) hour schedule of Section 6.2 above) will
be paid time and one-half for all hours worked over forty-eight (48) hours in a
seven (7) day period. Any time worked in addition to the employee's normally
scheduled shift will be paid at time and one-half.
6.2.4
The PAU Handbook contains a description of current work rules for the
alternative work schedules developed through July 1, 2004. Any future changes
made in work rules will be consistent with both parties’ on-going duty to bargain.
The PAU Handbook does not limit the District’s ability to develop and implement
new schedules as described in 6.2 and 6.2.1.
6.2.5
In the absence of members requesting assignment to a PAU, assignments will be
made according to reverse seniority in classification, provided that probationary
employees will not be assigned to the PAU unless they have completed all
probationary benchmarks.
All work performed by day personnel in excess of forty (40) straight-time hours of work
per work week shall be compensated at a rate of time and one-half. In the event that any
employee has not worked forty (40) hours in a week, any time worked on an emergency
response apparatus in addition to the employee’s normally scheduled shift will be paid at
time and one-half.
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6.4.1 Time worked for the purpose of replacing an employee on authorized leave or a
temporary vacancy shall be deemed to be voluntary for purposes of ORS 652.070(a).
6.4.2 a.
Travel time between stations for the purpose of replacing an employee on paid
leave or filling a temporary vacancy will be paid per the appropriate overtime
rules of 6.1 and 6.2.3.
b.
Holdover time of less than fifteen (15) minutes due to the late arrival of paid relief
will be considered to be de minimus under FLSA and will not be compensated.
Holdover time as the result of an emergency response or holdover time of fifteen
(15) minutes or more due to the late arrival of paid relief, will be compensated at a
rate of time and one-half, rounded up to the nearest quarter hour.
c.
In the event that an employee receives a mandatory call back from off-duty, time
worked shall be measured from departure from the employee’s place of residence
(maximum one-half hour travel time) and shall consist of a minimum of three (3)
hours duration or pay at a rate of time and one-half unless the call back is
contiguous to the employee’s regular shift and provided further that call back
outside of normal hours will not result in pay for hours not worked. This
paragraph will be deemed to apply to members who are “bumped” from a shift
that they have accepted while in transit to or upon arrival at the assigned station so
long as the late bump is the result of Telestaff management or computer error and
not the result of the employee’s error.
d.
For purposes of the annual physical, each employee who completes the physician
visit part of the physical with the District’s physician while off-duty will be paid
for two (2) hours of overtime at the time and one-half rate. This payment will
cover both the office visit and travel time.
e.
In no case will the District pay for holdovers or travel that result from trade time.
6.4.3 Mandatory training will be compensated at time and one-half. A limited number of
employees may attend mandatory off-duty training on their normal duty day. No more
than twelve (12) employees per in-service will be permitted to attend on duty.
6.5
SOG 5.2.1 deals with paid time off and relief shift procedures as agreed between the
District and the Union. SOG 5.2.1 will be deemed to cover all procedures for filling
vacancies consistent with maximum utilization of available personnel.
6.6
At no time will any employee receive more than time and-one-half pay for any hours under
Article 6, unless specifically addressed elsewhere in this agreement as premium pay.
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6.7
The District and the Union agree that the parties share a mutual desire to maintain and
increase cooperation, efficiency, productivity and cost-effective service to the public served
by the District. The parties also agree that training opportunities and educational experience
provided to interns, apprentices, and cooperative education students is a recognized function
of public service provided by the District, its employees, and the Union. SOGs 8.9.1.1 and
8.9.1.2 New SOGs will be developed between Labor and Management and will govern
be governing for intern, apprentice, and cooperative education student selection and
utilization. It is understood and agreed that interns, apprentices, and cooperative education
students will not be used to displace or replace paid personnel and in no event will they be
utilized in a lead position in an offensive attack on a structural fire.
6.8
The District may establish and maintain a combined Kelly relief and paid relief pool of up
to twelve fifteen (12 15) employees per shift consisting, at District discretion, of a) the
assignment of employees from different classifications as determined by the District to be
needed, and b) the assignment of firefighters who have met the qualifications required to
work in two (2) or more classifications, i.e., apparatus operator, company officer,
paramedic. Employees assigned to the relief pool will be paid a monthly premium of
$140. Employees assigned to the relief pool will be assigned to fill vacancies that occur
for any reason and may be assigned to alternative work schedules to staff peak activity
units. Paramedics so assigned will, Section 25.4(f) notwithstanding, receive both the
paramedic premium and the monthly premium provided hereunder. Effective January 1,
2008, the number of employees per shift shall be set at thirteen (13) per shift. Effective
July 1, 2008, the number of employees per shift shall be set at fifteen (15) per shift.
6.9
In the event of earthquake, terrorist attack, or catastrophic event (excluding those
situations where District personnel costs are covered by the State’s Conflagration Act)
within the boundaries of the District, the work schedule may be temporarily adjusted by
the Fire Chief, in consultation with the Union President.
2007 – 2009 Working Agreement
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ARTICLE 7
SENIORITY
7.1
Definition and Computation of Seniority: Seniority shall be defined as continuous service in
an employee's classification and shall commence upon satisfactory completion of the
twelve-month (12) probationary period, retroactive to initial date of hire or date of
promotion, as the case may be. Seniority shall be maintained but not accumulated during a
period of unpaid leave of absence in excess of sixty (60) days. Continuous service and
seniority shall be broken by any of the following:
a.
b.
c.
d.
e.
f.
g.
Resignation;
Discharge for cause;
Unauthorized leave of absence or failure to return within the time specified for
authorized leave;
Layoff or non-service disability leave in excess of twenty-four (24) months if an
employee's length of continuous service at the time of layoff or non-service
disability is five (5) years or less;
Failure to respond within fifteen (15) days to a written inquiry of the appointing
power by certified mail relative to availability for employment appointment;
Failure to maintain a record of his/her current address with Administration.
Separation from TVF&R because of illness or injury and PERS disability or
retirement pension.
7.2
Total length of service with the District shall be a consideration to be applied to
accumulation of service for vacation accrual, vacation scheduling, service for salary
increases, and such other purposes as may be specified by the agreement.
7.3
Continuous service for seniority purposes shall include absence due to military service,
vacation, service related disability leave, or layoff or non-service disability leave not in
excess of twenty four (24) months.
ARTICLE 8
LAYOFF
8.1
In the event of a layoff, the District shall determine the number of positions to be eliminated
by classification. Employees shall be selected for layoff in reverse order of seniority within
the classification. Employees to be laid off shall receive ten (10) days notice of layoff or
pay in lieu of notice.
8.2
Employees on notice of layoff shall have the right to bump less senior employees in lower
classifications in which they have previously served, have satisfactorily completed the
probationary period, and can satisfy the current requirements for the position to be selected.
An employee shall be entitled to a trial period of up to ninety (90) days to satisfy the current
requirements of the job or to satisfy proficiency examinations in lieu thereof. Personnel
seeking to bump into a paramedic position must possess the current state certification
required for that position prior to a bump. Employees exercising bumping rights may bump
only the least senior employee in the affected classification. An employee must determine
whether to exercise the right to bump and so notify the employer in writing within ten (10)
days following notice of layoff.
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8.3
The names of employees laid off or bumping to lower classifications shall be entered on
recall lists in order of seniority. Available positions shall be offered to qualified employees
on the recall list in order of seniority prior to being filled from other sources. Employees
recalled under this Section 8.3 shall have the right to a trial period as provided in Section
8.2.
8.4
The names of employees who have attained seniority under Section 7.1 will be maintained
on recall lists for a period of two (2) years from the date of layoff. After two (2) years of
layoff, five (5) years in the case of employees having ten (10) years of continuous service at
the time of layoff, an employee's seniority and recall rights under this agreement shall be
terminated. Names may only be removed by request of the employee, failure to respond to
a notice from the employer or refusal to accept an available position. Employees shall have
fourteen (14) calendar days from the date of mailing of a registered letter containing an offer
of recall to accept or reject the position. A laid off employee shall be responsible for
keeping the District advised of the employee's current address and telephone number as a
condition of recall rights.
8.5
Employees promoted out of the bargaining unit and subject to layoff shall be entitled to
bump back into the bargaining unit within the first five (5) years of promotion on the basis
of total seniority with the department and classification seniority as specified in Section 8.2.
ARTICLE 9
TRADE TIME
9.1
The District will allow employees to trade work time for each other so long as:
a.
b.
c.
d.
e.
The person working the trade time is qualified to perform the duties of the position;
The person who will be absent gives reasonable prior notice to the company
officer(s) involved; and,
The practice of trading time does not affect an employee's training requirements or
ability to do the work assigned to his position.
The trade time is not utilized for purposes of acquiring a call shift; and
Trade time is not utilized so as to result in an employee being paid for more than 24
hours in a 24-hour period.
9.2
Time worked in trade for another person will not constitute "time worked" for purposes of
the FLSA or Oregon law so long as the request to trade time originates with an employee,
not the employer.
9.3
If a trade replacement fails to report to work or provide relief, the originally scheduled
employee's leave time accruals will be charged for the dollar equivalence of wages paid by
the employer to the person called back. If a trade replacement is unable to work because of
illness or injury or for any other reason, the replacement employee may choose to have his
or her Personal or Vacation Leave accruals, charged on an *hour for hour basis for the
person called back. If the replacement employee is ill or is injured and has no Personal or
Vacation leave accruals, he or she may utilize his or her Sick leave accruals on an *hour for
hour basis for the person called back.
*(Hour for Hour is not to be confused with dollar for dollar)
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9.4
No person who has used sick or disability leave time in lieu of working his or her
regularly scheduled shift shall be entitled to work a trade shift during the 48 hours
following that use of leave time.
9.5
The District shall not be obligated to enforce any trade time obligation by any means, which
shall be the sole responsibility of the employees involved.
ARTICLE 10
TEMPORARY ASSIGNMENT
10.1
10.2
a.
An employee who is authorized to work in a higher paid classification and who
does work in that classification for at least twelve (12) consecutive hours in a shift
shall be compensated at the equivalent step for that position or at five percent
(5%) above that employee’s regular pay rate, whichever is greater.
b.
Notwithstanding Section a., relief personnel shall be paid from the time of
assignment at the classification to which they are assigned, or their current pay
rate, whichever is greater.
Paid leave and benefit accruals shall be compensated at the employee’s regular rate of
pay.
ARTICLE 11
EDUCATION REIMBURSEMENT
11.1
The District shall make one hundred percent (100%) tuition and a fifty percent (50%)
book reimbursement to any employee in a course of study required for an Associate
Degree in Fire Science after completion of each course with a grade of C or higher. Any
employee who fails to submit a written application in accordance with SOG 11.1.7.1 prior
to beginning any course of study may be ineligible for reimbursement. The rate of
reimbursement will be predicated upon credit hour rate for classes in the Associate of
Arts level established at Portland Community College.
11.2
a.
The District will provide one hundred percent (100%) tuition reimbursement and
fifty percent (50%) book reimbursement for any upper division courses that are
required for promotion.
b.
Subject to the needs of the department and available funds, the District will
provide one hundred percent (100%) tuition reimbursement and fifty percent
(50%) book reimbursement for any upper division courses that have previously
been approved as job related.
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c.
Those upper division courses needed for advancement and/or promotion by the
employee but not offered at PCC or equivalent institution and that require the
employee to take courses at institutions at a higher cost, will be reimbursed at one
hundred percent (100%) tuition based on the three (3) upper division credit hour
rate at Portland State University.
ARTICLE 12
PAID TIME OFF PROGRAM
12.1
Fifty three (53) hour employees shall accrue leave according to the following table,
expressed in hours per year. Effective January 1, 2008, forty-eight (48) hour employees
shall accrue leave according to the same schedule:
Years of Service
Less than 5
5 or more
10 or more
15 or more
20 or more
Vacation1
Personal Leave
Sick Leave
192
264
360
384
408
72
72
72
72
72
96
96
96
96
96
1
Inclusive of Holidays
12.2
Vacation and sick leave shall accrue based upon hours paid or during a work-related
disability leave of less than one (1) year duration. Accruals shall be suspended during any
other period of unpaid leave.
12.3
Personal leave shall be credited to employee accounts as of July 1 of each year. New
employees shall be credited with one (1) day of personal leave for each four (4) months of
employment. New employees shall not be entitled to use vacation until completion of
probation. Personal leave is intended to be used for minor personal illness, family illness,
bereavement or to attend to personal business. Shift employees shall notify the company
officer on duty of the intent to take a personal leave day. Use of personal leave by shift
personnel on the date of an observed holiday (refer to Section 12.9) requires the advance
approval of a Duty Chief. Unused personal leave shall be converted to vacation as of
June 30 of each year and shall be subject to the maximum carry over provisions of Section
12.5. The employee may request to convert unused personal days to sick leave if done so in
writing prior to June 15.
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12.4
Vacation shall be scheduled and taken subject to the requirements of SOG 5.2.1. An
employee may carry over a maximum of one hundred fifty percent (150%) of the current
annual accrual rate to the employee’s next employment year based on date of hire, provided
that total vacation entitlement as of the employee’s anniversary date shall not exceed one
hundred fifty percent (150%) of the employee’s current annual rate. Employees may in any
fiscal year elect payment into their PEHP account in twelve (12) hour increments in lieu of
vacation time off up to sixty (60) hours for line personnel, eighty (80) hours2, in eight (8) or
ten (10) hour increments as determined by the employee’s daily work schedule, for day
personnel, provided an equal number of hours have been taken in the employee’s vacation
base year (anniversary date to anniversary date) and that all employees choosing to sell
back in that fiscal year sell back the same number of hours. The Union shall notify the
district of the number of hours to be sold back no later than October 31st of each year.
If the Union Fails to communicate a number of hours in the current year, the number
of hours allowed in the preceding year will be rolled over to the current year.
12.4.2 Each fifty-three (53) hour employee will schedule one (1) twenty-four (24) hour shift
between September 1 and May 31 of each fiscal year. Vacation scheduling will occur
between July 15 and August 15 each year and will be based upon seniority, classification,
and the availability of paid relief. A maximum of two (2) employees per shift will be
scheduled off under this provision of the contract and SOG 5.2.1.
12.5.1 The District reserves the right to request medical verification, satisfactory to the District,
for any use of sick leave of more than one (1) shift. Any employee who will be off for
more than one (1) shift or more than one (1) workday due to either illness or injury shall:
a.
b.
Contact the District’s Occupational Health Administrator or designee for the
purpose of sharing pertinent and confidential information regarding the illness or
injury, OR
Provide a doctor’s certification that the absence was required by incapacitating
illness or injury.
12.5.2 Notification of the District’s Occupational Health Administrator or designee will be
within sixty (60) hours of the start of the precipitating shift or work day. If the employee
chooses to provide a doctor’s certification, such certification must be presented within
fifteen (15) days of the precipitating shift.
12.6
It shall be the responsibility of the employee to notify the on-duty company officer no later
than forty-five (45) minutes prior to shift start time of the intent to use paid time off. Abuse
of sick leave is subject to disciplinary action for just cause.
12.7
Upon retirement, fifty percent (50%) of accrued but unused sick leave shall be utilized as a
retirement credit as permitted under ORS 237.153. Sick leave accumulation shall be
unlimited.
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12.8
Accruals for forty (40) hour employees shall be as follows:
Years of Service
Vacation3
Personal Leave
Sick Leave
Less than 5
150
50
5 or more
201
50
10 or more
253
50
15 or more
287
50
20 or more
304
50
2
Day personnel with twenty (20) years or more of service
lieu of vacation time off up to ninety (90) hours.
96
96
96
96
96
may elect payment to PEHP in
3
Inclusive of holidays
12.9
The days below shall be recognized as holidays for forty (40) hour personnel. Forty (40)
hour personnel will work on such holidays only as requested by the employer. Eighty (80)
hours of vacation per year shall be taken and paid in eight (8) hour increments, ten (10) hour
increments in the case of a 4/10 work schedule, as the following holidays occur in the
employee's regular work schedule:
New Year's Day
President’s Day
Memorial Day
Independence Day
Martin Luther King Day
Labor Day
Thanksgiving
Day after Thanksgiving
Christmas
Veteran's Day
ARTICLE 13
PAYROLL DEDUCTIONS
The District, upon receipt of written authorization from any employee, shall make appropriate
payroll deductions for retirement, health insurance, IRS Section 125 Plan, approved savings plans,
union dues, deferred compensation, or other customary services.
ARTICLE 14
OTHER TIME OFF
14.1
Employees shall be granted time off with pay for required service upon a jury. All pay for
such service on duty time, except mileage reimbursement, must be remitted to the District.
Day personnel will report for duty for the remainder of the day if excused from jury service
two (2) hours or more before the end of their regular work day. Shift personnel shall report
for the remainder of the shift upon completion of jury service for the day. In no event will
an employee receive more than two (2) weeks paid leave for jury duty in any one fiscal year
(120 hours for 53-hour employees, 108 hours for 48-hour employees, or 88 hours for 40hour employees).
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14.2
An employees who the District requires to appear as a witness in litigation that arose out of
the normal performance of duties will be compensated at the prevailing rate of overtime
while serving as a witness off duty. On duty time spent as a witness in response to a
subpoena as a result of the performance of an employee's duties as a firefighter or spent in
jury service shall be paid at straight time. All moneys received as witness fees shall be
signed over to the District.
14.3
Employees required to appear in legal or administrative proceedings that are unrelated to
their employment must charge the time to vacation or personal leave or request leave
without pay.
14.4
For employees in military service, the District shall comply with USERRA. SOG 8.2.1 will
contain a summary of the District’s planned treatment of leaving and returning military
personnel.
14.5
This article may be reverted to its “status quo ante” (the 2004-05 version) by either party,
unilaterally, during the term of this agreement, by means of 60-days, advance, written notice
to the other party.
ARTICLE 15
LEAVES OF ABSENCE
15.1
Criteria and Procedure:
a.
The District will consider a written application for a leave of absence without pay
for up to twelve (12) months in any calendar year for medical, educational, or
compelling personal reasons.
b.
After fifteen (15) years of continuous service, an employee may make written
application for an unpaid personal leave of absence of up to twelve (12) months.
15.2
Paid or unpaid leaves of absence for medical reasons shall be initiated under the provisions
of the federal Family and Medical Leave Act (FMLA) and the Oregon Family Leave Act
(OFLA). Time on leave under the provisions of these acts shall count toward the twelve
(12) months detailed in 15.1.
15.3
Employees on unpaid leaves of absence of more than thirty (30) calendar days who wish to
continue their insurance coverage must bear the full costs of such coverage, unless FMLA
leave is utilized.
15.4
The District may interrupt or terminate a leave of absence if it finds that the reasons for
granting it were misrepresented or no longer exist. Failure to return from leave or to
respond to notices from the employer will be treated as a resignation.
15.5
Leaves of absence of less than one (1) full pay period are considered informal leaves of
absence, are approved at the department level, and are treated as a payroll action.
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15.6
Any combination of Paid Time Off or Trade Time that puts an employee on leave for thirty
(30) consecutive calendar days or more will be treated as a paid leave of absence and will
require Division Chief notification. Such absences of ninety (90) consecutive calendar days
or more will require Division Chief approval.
15.7
If an employee absent due to occupational disability is able to perform the requirements of
the job held at the time of disability and has obtained a medical release, satisfactory to the
District, the employee will be returned to the job held at the time of disability,
notwithstanding that the job has been filled, provided the employee requests and is able to
return to his/her previous job within two (2) years from the date of disability.
After two (2) years following disability, a disabled employee shall be entitled to return to a
vacant position that the employee is able to perform. Subject to the time limits specified in
Section 8.4, an employee who has returned to a position other than the position held at the
time of disability will have preference in return to a vacancy in the position held at the time
of disability, provided the employee is fully qualified to perform the current requirements of
the job as set forth in Section 8.2, and subject to a minimum probationary period of six (6)
months duration if the employee was in probationary status at the time of disability. Reemployment rights following occupational disability leave will be in accordance with
applicable State laws.
15.8
Effective January 1, 2006, the The District will maintain the equivalent of two (2) FTE,
light duty positions for employees unable to work their regularly assigned position due to
non-occupational injury, illness, or medical condition. No individual employee may stay in
a light duty position created under this clause for longer than nine (9) months in one (1)
rolling year commencing from the employee’s assignment to the light duty position. This
program will be open only to employees who have successfully completed their new
employee probationary period.
ARTICLE 16
DISCIPLINE AND DISCHARGE
16.1
Discipline shall be limited to oral warning, written warning, denial of special privileges,
suspension, demotion, and dismissal as warranted by circumstances and the nature of the
offense. Notice of disciplinary action shall be in writing and given to the employee prior to
taking the action, except in the case of oral warning when the employee shall receive
confirmation in writing after the action is taken. No employee shall be issued a written
warning, denied special privileges, demoted, suspended, or dismissed without just cause. It
is recognized that job related counseling or admonishment shall not be considered to be an
investigatory interview for purposes of disciplinary action under this Article 16. A record of
job related counseling or admonishment by a supervisor shall not constitute the sole basis
for future disciplinary actions.
16.2
Any disciplinary action imposed upon a permanent employee may be appealed as a
grievance under this contract provided that oral warnings shall not be subject to arbitration
under Article 17. Disciplinary action involving a probationary employee who has not
completed the initial probationary period shall not be subject to the grievance procedure.
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16.3
If the District has reason to discipline an employee, the supervisor imposing the discipline
shall make reasonable effort to avoid taking the action in the presence of other employees or
the public.
ARTICLE 17
GRIEVANCE PROCEDURE
17.1
For the purpose of this agreement, a grievance is defined as any one of the following:
a.
b.
A claim by an employee covered by this agreement concerning the meaning or
interpretation of a specific provision or clause of this agreement as it affects such
employee;
A claim by the Union's Executive Committee concerning the application of a
specific provision or clause of this agreement as it affects a specific member of the
Union.
17.2
An individual employee who does not wish the Union's Executive Committee to pursue a
grievance (under Section 17.1(b) hereof) may notify the Union in writing at any time. A
grievance that is resolved by an individual's exercise of the right to withdraw consent
hereunder shall not constitute a precedent with regard to the substance of the grievance in
question.
17.3
A grievance shall be processed as follows:
Step 1 – Within fifteen (15) calendar days after the alleged violation, the employee will
meet with the supervisor in charge. The employee may at his option be accompanied
by a Union representative.
Step 2 – If unresolved by the parties within fifteen (15) calendar days of such meeting, the
grievant and/or the Union representative will present to the Division Chief or
Division Director, a written statement of the alleged violation and remedies sought,
dated and signed by the employee and/or the Union's Executive Committee. Such
submission must be made within fifteen (15) calendar days following inaction or
rejection by the Captain or other supervisor.
Step 3 – If a satisfactory settlement is not made at Step 2, the grievance may be referred to
the Fire Chief within fifteen (15) calendar days following the date of rejection or
expiration of the actions concluding Step 2, whichever occurs first. The Union will
be notified of any grievance which has not been resolved at Step 3.
Step 4 – If satisfactory settlement is not made at Step 3, the grievance may be referred to
final and binding arbitration by written notice to the Director of Human Resources
within ten (10) calendar days following rejection by the Fire Chief or designee or
expiration of the ten (10) calendar day period initiating action in Step 3, whichever
occurs first. In the event of such notice, a request will be made to the Oregon State
Conciliation Service for a list of seven (7) qualified arbitrators residing in Oregon.
Notice that the Union is referring a grievance to arbitration may be in the form of
the request to the Oregon State Conciliation Service for a list of arbitrators with a
concurrent copy to the District. The District and the Union will alternately strike six
2007 – 2009 Working Agreement
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(6) names from the list. The last name remaining will be the arbitrator. Expenses of
the arbitrator and costs incident to the conduct of the hearing, such as court reporter,
if requested by the arbitrator, and hearing room rental, will be divided equally
between the District and the Union.
17.4
The jurisdiction of the arbitrator shall be limited to interpretation of the specific provision or
provisions of this agreement that have been placed in issue by the parties, and the arbitrator
shall have no authority to add to or detract from this agreement or any portion thereof. Any
or all time limits specified in the grievance procedure may be waived by mutual consent.
Failure to submit the grievance in accordance with the time limits without such waiver shall
constitute abandonment of the grievance. District failure to comply with the time limits
specified above will automatically move the grievance to the next step herein.
ARTICLE 18
PERSONNEL FILES
18.1
The District shall maintain a personnel file for each employee. Access to the personnel file
shall be limited to the employee, management personnel who have job related reasons for
inspection of a file, the staff of the Human Resources Department, or others as required in
any judicial, administrative, or arbitration proceeding. An employee may review the
material in his/her personnel file, except for responses to requests for information from
previous employers, and make copies of the materials subject to reasonable copy charges.
18.2
Material that may be construed to be derogatory toward the employee shall not be filed in
the personnel file, unless the employee has been provided a copy of the material. An
employee may include a written statement of explanation or rebuttal to any materials placed
in the file.
18.3
In the case of any material construed as derogatory (see Section 18.2) being placed into an
employee's personnel file, such employee shall have the option of requesting that a finding
of facts by the Human Resources Director be placed into the file. Such findings shall not be
subject to the grievance procedure.
ARTICLE 19
PAYROLL
19.1
Paydays for District employees shall be in accordance with existing practice, which shall
not be changed without at least sixty (60) days prior notice to the Union.
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ARTICLE 20
WELLNESS
20.1
The District and the Union will work cooperatively to implement and maintain a
comprehensive Wellness/Fitness Program. The details of this program will be contained in
the Wellness Initiative Book. The Program will be under the direction of the
Wellness/Fitness Advisory Committee. This committee will be made up of two (2)
representatives appointed by the District and two (2) representatives appointed by the
Union, and will facilitate the development of measurable and appropriate performance
benchmarks for all aspects of Program. The District, however, retains ultimate discretion
and full authority concerning the formulation and approval of all policies under the
Program.
ARTICLE 21
HEALTH AND WELFARE
21.1
Effective November 1, 2007 July 1, 2009, the District agrees to pay the actual
invoiced cost increase up to a maximum sum of $1,281 per eligible employee per
month to the Trust established by the Union. Effective July 1, 2008 Effective July 1,
2010, the District agrees to pay the actual invoiced cost increase up to a maximum of
10% over the FY 09-10 contribution per month per eligible employee. Effective July 1,
2011, the District agrees to pay the actual invoiced cost increase up to a maximum of
10% over the FY 10-11 contribution per month per eligible employee. In addition,
effective July 1, 2011, the district will make a one-time lump sum payment to the
Union Health Trust in the amount of $300,000.00. The District will make a good-faith
effort to make the monthly payment to the Trust by the fifth of each month, but in no
event later than the tenth of each month.
21.2
All employees will have deducted from their semi-monthly paychecks a premium co-pay
for any amount over and above the employer contribution. All deductions will be
collected by the District and mailed to the Trust on the date of each payroll.
21.3
In the event that the Trust offers an insurance option to its members that costs a minimum
of $25 per month less than the amount set in 21.1, the District will establish a Health
Reimbursement Account (HRA) for each employee choosing that option. The amount
contributed for each employee will be equal to the difference between the amount in 21.1
and the amount billed by the Trust minus any administrative cost born by the District.
This option may only be offered at the start of each plan year.
21.4
Effective July 1, 2005, the The Trust will may secure a short-term disability program for
all employees covered under this agreement. The policy should guarantee sixty-six and
two-thirds (66-2/3) of base pay with no more than a two (2) week an established waiting
period before benefits start. The premium payments for this policy shall be in the form of
a payroll deduction for the employee in order to assure that the benefits will be untaxed,
and shall be forwarded to the Trust that shall administer the plan.
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21.5
The District agrees to continue monthly health insurance contributions to the Trust for
employees receiving benefits under the short-term disability program described in 21.4,
so long as the employee continues to be eligible for benefits from the Trust.
ARTICLE 22
RETIREMENT
22.1
During the term of this Agreement, the District and the Union will continue to participate in
the Oregon Public Employees Retirement System, or its equivalent.
22.2
The District agrees to pick up the employee's contribution to the Oregon Public Employees
Retirement System in the amount of six (6) percent of the employee's annual salary.
22.3
The District shall credit the unused sick leave to increase retirement benefits provision
under PERS as provided in ORS 238.350.
22.4
The District shall adopt the prior service credit provision under PERS as provided in ORS
Chapter 238.
22.5
The Trust will make available to all firefighters at the time of retirement, an agreement by
which the retiring employee may opt to continue a medical insurance plan covering health
and dental until they are eligible for Medicare coverage. One option will include the same
insurance plan (or plans) offered to current active bargaining unit members. The retiree
shall pay the total monthly premium for any post-retirement medical insurance coverage
elected under this provision.
22.6
Sick leave to date of hire of former Tualatin Rural Fire Protection District and Washington
County District No. 1 will be recognized for PERS purposes as follows:
22.7
a.
TRFD sick leave will be calculated from date of hire to July 1, 1989, based on 11.2
hours of utilization per shift.
b.
Subsequent to July 1, 1989, sick leave will be calculated on the basis of eight (8)
hours accrued per month and twenty four (24) hours per shift utilization until the
balance earned subsequent to July 1, 1989, has been fully utilized.
c.
For District employees, sick leave accrued prior to July 1, 1989, and utilized
subsequent to July 1, 1989, will be charged on the basis of 11.2 hours per shift.
The District will contribute $50 per month to each employee’s PEHP account.
2007 – 2009 Working Agreement
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22.8
Any employee who is within five (5) years of their eligible PERS retirement date
(generally age 45 for Police/Fire) may transfer vacation accruals to a PEHP Sick Leave
Incentive Bank under the following conditions:
a.
Vacation hours must be transferred from the employee's accrual to the PEHP Sick
Leave Incentive Bank no more than twice per year.
b.
The PEHP Sick Leave Incentive Bank may contain no more than three hundred
(300) hours of vacation.
The hours will be sold and transferred to the employee's PEHP account at
retirement if all conditions of the sick leave program are met.
c.
22.9
d.
The employee may elect to transfer back to his or her regular vacation accrual
bank any hours previously transferred to the PEHP Vacation Hour Bank.
e.
If the employee is not eligible to sell all of the hours in the PEHP Sick Leave
Incentive Bank at the actual date of retirement, the employee will forfeit any and
all hours in excess of the number he or she is eligible to sell back.
f.
The employee is responsible for managing his or her eligibility for utilization of
these additional hours at retirement based upon his or her sick leave usage.
To qualify for the PEHP sellback described in 22.8, the employee must meet the
conditions listed below:
a.
Each member will earn the right to sell back an additional ten (10) hours of
vacation accrual at retirement for each month of his or her final twenty-four (24)
months of service in which no sick leave is taken.
b.
If, in the first twelve months (12), the employee uses no sick leave, he or she will
be eligible to sell back an additional five (5) hours per month of vacation accrual
during the last twelve (12) months of employment.
22.10 In no event will total vacation paid out in a lump sum at or prior to retirement exceed
250% of an employee's annual accrual. The three hundred (300) hours in the PEHP Sick
Leave Incentive Bank will not be counted toward this 250% maximum.
22.11 This section governs the accumulation of vacation to an employee’s sellback holding
account, and the sellback of such vacation at retirement in an amount not to exceed 250%
of an employee’s annual accrual:
a.
After ten (10) years of employment, each employee will have the option of
transferring up to forty eight (48) hours per year to a Vacation Sellback Holding
Account. After fifteen (15) years of employment, each employee will have the
option of transferring up to seventy two (72) hours per year to a Vacation Sellback
Holding Account. The Vacation Sellback Holding Account shall be limited to
150% of the employee’s current annual vacation accrual.
2007 – 2009 Working Agreement
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b.
Employees transferring vacation hours to the Vacation Sellback Holding Account
must do so in whole hour increments and may only transfer vacation hours twice
per year as directed by the District.
c.
Vacation hours transferred into the Vacation Sellback Holding Account may be
transferred back out under following condition. In the event that he or she is
qualified for FMLA leave, the employee may choose to use some or all of the
hours in this account. In the event that any employee uses vacation hours from the
holding account for FMLA leave, the number or hours used shall be deducted
from the maximum allowed vacation sellback at retirement (For example: if the
employee transfers sixty (60) hours back from his or her vacation holding account,
the cap for sellback at retirement will be reduced by sixty (60) hours).
d.
The District will provide an accounting of each employee’s sellback bank once
per year, to be determined by the District.
22.12 Unless notified in writing by the employee at least two (2) weeks prior to separation, any
unused or unsold vacation accrual as of the date of retirement (within the limits of this
contract) shall be paid to the employee's PEHP account. If the employee elects, in writing,
to be paid for the vacation accrual in a lump sum, such vacation sell back must occur two
(2) days before the actual date of retirement.
22.13 Upon retirement from employment with the District, employees shall have the option of
working for the District as contractors under the following conditions:
The employee must sign and return to the District a two (2) to four (4) month personal
services contract (PSC) at least ten (10) months prior to his or her retirement date.
The signing of a personal services contract shall constitute a notification of intent to retire
on the date specified in the PSC.
b.
The PSC will define the contractors’ conditions of employment.
c.
The employee must maintain membership or fair share status with the Union for
the duration of the personal services contract.
d.
The employee will only be offered a single two (2) to four (4) month contract and
the two (2) to four (4) month period will only be available immediately after
retirement.
e.
An employee who submits and later withdraws a PSC will not be eligible to work
as a contractor under this Section.
2007 – 2009 Working Agreement
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ARTICLE 23
WORKERS’ COMPENSATION
23.1
An employee who is temporarily totally or partially disabled from an on-the-job injury may
use accrued sick leave to make up the difference between the amount received in TTD
benefits, or TPD benefits plus wages, and his/her customary net income from District. An
employee's accrued sick leave will be charged on a proportional basis. Members choosing to
surrender the amount received from the TTD or TPD benefits to the Fire District, will have
fifty percent (50%) of their proportionally charged sick leave balances reinstated in full, as
of the event in question.
23.2
The use of sick leave to supplement income while on TTD or TPD status shall continue
until the employee's sick leave accrual is exhausted or until the employee is assigned to a
light-duty assignment that has been approved by his or her physician, whichever occurs
first.
23.3
Nothing in this Article shall limit the District's obligation under state and federal law to
withhold personal income taxes from his/her wage supplement to TTD or TPD benefits.
ARTICLE 24
ALLOWANCES
The District shall provide all articles of uniform or safety equipment that the District determines to
be required. Maintenance and cleaning are the responsibility of each employee.
2007 – 2009 Working Agreement
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ARTICLE 25
WAGES
25.1
a.
The District shall maintain a combined wage schedule as detailed in Attachment A.
Attachment A will be adjusted to reflect a two percent (2.0%) increase effective July
1, 2007 A will be adjusted to reflect an increase on July 1, 2009, that will be
equal to the increase in the CPI-W All Cities Annual for 2008. On July 1, 2010,
Attachment A will be adjusted to reflect an increase that will be equal to the
increase in the CPI-W All Cities Annual for 2009, with a minimum of two
percent (2%) and a maximum of four percent (4%) with the stipulation that
the first two percent (2%) will be added to the 401(a) matching amount for
employees (see 25.1 c and d) in lieu of an increase in Attachment A. On July 30,
2010, the District agrees to pay a one-time bonus to employees with ten, fifteen,
and twenty years of seniority according to the following schedule: Employees
hired on or before July 1, 1990 (20 year employees) will share $63,698.40
divided equally among themselves; employees hired on or before July 1, 1995
(15 year employees) will share $70,776.00 divided equally among themselves;
employees hired on or before July 1, 2000 (10 year employees) will share
$67,237.20 divided equally among themselves. On January 14, 2011, the
District agrees to pay a one-time bonus to employees with ten, fifteen, and
twenty years of seniority according to the following schedule: employees hired
on or before January 1, 1991 (20 year employees) will share $127,397.4 divided
equally among themselves; employees hired on or before January 1, 1996 (15
year employees) will share $167,031.36 divided equally among themselves;
employees hired on or before January 1, 2001 (10 year employees) will share
$121,734.72 divided equally among themselves. On July 1, 2011, Attachment A
will be adjusted to reflect an increase that will be equal to the increase in the
CPI-W All Cities Annual for 2010, with a minimum of two percent (2%) and a
maximum of four percent (4%).
and a one percent (1.0%) increase effective January 1, 2008. Attachment A will be
adjusted to reflect an increase on July 1, 2008, that will be equal to the increase in
the CPI-W All Cities Annual for 2007, with a minimum of two percent (2%) and a
maximum of four percent (4%).
b.
Anniversary dates shall be adjusted by any non-occupational unpaid leave of
absence of more than one pay period.
c.
For employees hired before July 1, 1989, the District will match the employee
contributions to one of the District’s deferred compensation plans to a maximum of
three percent (3%) (so long as the employee has twenty (20) years of service with
the District). In lieu of a 2% increase in Schedule A, effective July 1, 2010 this
match will increase to five percent (5%)
2007 – 2009 Working Agreement
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d.
For employees hired on or after July 1, 1989, the District will match employee
deferred compensation contributions to a maximum of one and one-half percent
(1.5%). In lieu of a 2% increase in Schedule A, effective July 1, 2010 this match
will increase to three and one-half percent (3.5%) under the following
conditions:
1.
District contributions will be to a plan qualified under Section 401(a) of the
Internal Revenue Code;
2.
Employer matching contributions will begin after one (1) year of
employment; and
Employer matching contributions will vest as of the employee’s fifth
anniversary of employment.
3.
e.
For purposes of computing the match, the employee’s base pay plus any specialty
team or EMT premiums will be used.
25.2
Attachment A represents the annual wage increase increments.
25.3
Employees who are promoted shall be appointed to the same step in the new range.
25.4
a.
Employees recognized by the District as EMT-P will receive a premium of ten
percent (10%).
b.
EMT-P status requires:
1.
State of Oregon EMT-P certification and physician authorization,
2.
Compliance with all EMS training and continuing education mandated by
the District and its Physician Advisor, and
3.
Assignment to an emergency response apparatus, or
4.
Assignment to a staff position requiring EMT-P certification.
c.
Maximum EMT-P premium pay is calculated on top step firefighter rate.
Firefighters who have not achieved top step firefighter will be compensated for
their premium based on their current firefighter rate of pay.
d.
Employees hired as FF-Paramedics will not receive a premium of three percent
(3%) while in the recruit academy and until they meet the requirements listed in
25.4.b.
2007 – 2009 Working Agreement
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25.5
Specialty teams formulated for emergency response will be compensated as follows:
HMRT Member (Specialist Weeks 3 & 4)
6.0%
HMRT Member (Technician Weeks 1 & 2)
4.0%
Technical Rescue Team (USAR)
6.0%
Field Training Officer (when assigned)*
3.0%
Water Rescue Team
6.0%
*(When supervising a Phase II, III, or Final probationary firefighter)
a.
b.
25.6
The District may place limits on the number of personnel assigned to any
Specialty team.
Specialty premiums will be paid in addition to the EMT-P premium. No employee
may receive more than one (1) of the premiums associated with the three (3)
Specialty Teams (i.e. HMRT, Technical Rescue Team, and Water Rescue Team),
in addition to the EMT-P premium. An employee who qualifies for and is
assigned to more than one (1) of the Specialty Teams will be paid the highest
premium for which he or she is eligible.
c.
Maximum premium pay is calculated on top step firefighter rate. Fire- fighters
who have not achieved top step firefighter will be compensated for premium pay
based on their current firefighter rate of pay.
d.
Whenever a team is created, a joint Labor/Management committee shall meet to
determine placement on the category scale. The committee shall have Labor
representatives from each current team and the prospective new team. All teams
must meet certification requirements established by the District.
Deputy Fire Marshals acting as on-call investigators will be paid one (1) hour of their
base rate at time and one-half (1.5) for each continuous twenty-four (24) hour on-call
tour.
ARTICLE 26
CONTINUITY OF PERFORMANCE
26.1
The parties recognize the continuing obligation to provide continuity of essential services
to the public by employees in the bargaining unit. There will be no strike, slowdown,
picket line observation, or any other interference with normal work activities by
employees covered by this agreement. Violation of this provision shall constitute just
cause for discharge.
ARTICLE 27
PROMOTIONS
27.1
Promotions within the bargaining unit shall be made from a District promotional list
established through competitive examinations unless technical skill not available within
the bargaining unit is required.
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ARTICLE 28
SAVINGS
28.1
A declaration by the Oregon or United States legislature or a final decision by a court of
competent jurisdiction that any provision of this agreement is unlawful, unconstitutional
or unenforceable shall leave all remaining provisions in full force and effect to the
maximum extent practical.
ARTICLE 29
COMPREHENSIVE AGREEMENT, CLOSURE,
AND EXISTING CONDITIONS
29.1
The parties intend that this writing constitute their full and final agreement and that it
supersede any and all prior agreements and understandings whether written or oral among
or between any of them relating to both mandatory and permissive subjects of bargaining.
Any pattern of conduct or past practice prior to this agreement shall be deemed merged
into this agreement. The parties acknowledge that during the negotiations that resulted in
this agreement, each had the unlimited right and opportunity to make demands or
proposals with respect to any subject or matter of collective bargaining, and that the
understandings and agreements arrived at by the parties after the exercise of that right and
opportunity are set forth in this agreement. Therefore, the parties agree that for the term
hereof neither shall be obligated to bargain collectively with respect to any subject matter
within the scope of collective bargaining except insofar as a District change in existing
conditions may create such an obligation as provided in Section 29.2 hereof.
29.2
The District shall continue without change all existing rights and benefits concerning a
mandatory subject of bargaining for the duration hereof and shall not implement any rule,
regulation or general order concerning a mandatory subject of bargaining that may be in
violation of or inconsistent with such rights and benefits.
ARTICLE 30
DISCRIMINATION
30.1
The District shall not discriminate against any employee for their activity in behalf of, or
membership in, the International Association of Firefighters. The District and the Union
agree that there shall be no discrimination against any employee because of race, sex,
religion, political affiliation, age, marital status, veteran status or handicapped status
where it is possible to make reasonable accommodation for such handicap. An employee
who claims to have been discriminated against in violation of this provision shall elect
whether to pursue the matter as a grievance under this agreement or under whatever
statutory remedies may be provided outside this agreement. Such election shall be made
in writing within thirty (30) days following the incident giving rise to the claim and shall
constitute waiver of the remedy not elected.
2007 – 2009 Working Agreement
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ARTICLE 31
CONVERSION OF WAGE AND BENEFITS ACCRUALS
31.1 Employees transferring from the fire suppression work period to the forty (40) hour work
week will have their hours and benefits converted to assure the same total dollar value for
a given benefit or time.
31.2 A reverse conversion of hours and benefits will be made for employees converting from
the forty (40) hour work week to the fire suppression work schedule.
31.3 The formula for these conversions is shown in Attachment B.
ARTICLE 32
DRUG AND ALCOHOL TESTING
32.1
The parties agree that the use of drugs and alcohol, whether on or off the job, which
adversely affects job performance constitutes a serious threat to the health and safety of
the public, to the safety of fellow workers, and to the efficiency of operations. The
parties, therefore, agree that a drug and alcohol testing procedure will be included in this
agreement. Appendix C, Substance Abuse Policy, will be governing for all employees
covered by this agreement.
ARTICLE 33
KELLY DAYS
33.1
All personnel assigned to the current fifty three (53) hour (24 on, 48 off) schedule will be
granted Kelly days in order to maintain the fifty three (53) hour work week.
33.2
The District will maintain authority to determine the assignment of Kelly shifts. If a
transfer or change of classification results in the disruption of an individual’s Kelly Shift
schedule, adjustments will be made to assure that the employee receives the benefit of the
Kelly time and is not denied regularly scheduled work time. The District will not
guarantee that FLSA mandated rates of overtime pay will not be affected. Overtime will
be paid according to Article 6.
33.3
The trading of Kelly days between shift employees is expressly prohibited.
33.4
Seniority will be a consideration in the assignment of Kelly Relief duty, but classification,
ability to work out of class, and District needs and priorities will also be considered.
2007 – 2009 Working Agreement
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2007 – 2009 Working Agreement
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UNION RELIEF SIDE LETTER
1.
The District will pay to the Union, the sum of $12,000 24,000 per year for the purpose of
supporting Union representatives’ attendance at conferences, classes, meetings, and
contract negotiation sessions.
2.
The payment will be made no later than December 15th of each fiscal year.
2007 – 2009 Working Agreement
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