CJC Fire & EMS IAFF Local 3133
Sni Valley Chapter Contract
October 2007 - September 2009

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Sni Valley Contract 2007-2009 Online

M.O.U. Index

Recognition

In recognition of the Local’s having been certified by the State of Missouri as the exclusive bargaining representative for all uniformed employees of the District of the rank of Captain and below, it is hereby recognized by the District as the exclusive bargaining agent, to represent all said certified employees in all matters concerning wages, compensation, hours, benefits, terms and conditions of employment, working conditions, and safety issues.

Section 1
Local Rights

Article 1: Local membership

No action will be taken by the District which would affect any rights, privileges, or immunities pertaining to the employment with the District because of membership in the Local or activities on behalf of the Local.

Release of information: The District shall, upon request, provide to the Local information, statistics and records relevant to the Local’s performance of its functions in the negotiating, administration and enforcing a collective bargaining agreement, and with respect to local legislative proposals relating to the District, provided such release of information is not restricted by law or is not confidential.

The District agrees that all new personnel shall, while on duty and during their orientation process, be given a presentation from the Local and offered membership at that time. Such presentation shall occur after 17:00 hours and may be presented by other on-duty personnel with the understanding that such person shall attempt to keep movement of companies to a minimum.

Article 2:

Up to two key Union Officials or their designees will be allowed to attend mutually beneficial meetings while on duty, as long as no overtime is incurred and proper location of apparatus is maintained. Personnel will switch out apparatus and/or personnel in order to maintain proper District coverage.

Article 3: Hiring Committee

The purpose of this committee is to develop, review, and implement standards and guidelines for hiring new personnel. The committee shall focus on the standardization of any written and oral testing, interview, and practical evaluations for eligible candidates.

The Fire Chief will establish a committee and this committee shall include two members of the Local. The Local Vice President shall select a minimum of two members of the Local to participate on the hiring committee.

Section 2
Management Rights

Except as otherwise provided in this agreement, the District retains the right to operate and manage the Fire District, including but not limited to:
1. Determine the mission of the Fire District;
2. Direct the work forces;
3. Hire, assign, or transfer employees;
4. Discipline or discharge for just cause;
5. Change existing methods of operation or facilities;
6. Take whatever actions may be necessary to carry out the mission of the Fire District;
7. Promulgate reasonable rules, regulations, procedures and policies consistent with this agreement, the District’s governing documents, and applicable law.

Section 3
Labor Management Committee

Article 1: Establishment and Purpose

There shall be a Labor/Management Committee with equal representation from the District and the Local. This committee will strive to improve relationships in all areas and to see that this agreement is properly administered at all times. The District and Local shall appoint their respective representatives to this Committee within one month after both parties sign this Memorandum. Those representatives shall meet promptly thereafter and shall set up a schedule of regular meetings. The purpose of regular meetings shall include, but is not limited to:

A) Dissemination of information
B) The submission of suggestions for improving economy of operation, working conditions and employee services
C) Proposing revisions of existing regulations, policies and procedures
D) To resolve problems of any group of employees to avoid future grievances

The District or the Local may initiate additional conferences. Such requests may be made orally or in writing and the Committee shall be convened after a request from either party.

Article 2: Meet and Confer Function

A) The parties recognize that this Agreement does not address all wages, hours, and working conditions of bargaining unit employees, and that some such items continue to be addressed by District policies. The parties have also agreed to meet and confer as to certain specific provisions of this Agreement should the need for a change arise during the term of the Agreement.

Except to the extent otherwise specifically provided herein, if the District finds it necessary to modify any such wages, hours or working conditions established by policy rather than by this MOU, it shall give 30 days written notice of such proposed change to the Local, which may then request the parties meet and confer on the issue. If the Local so requests, the Labor Management Committee shall serve as the Meet and Confer Committee and shall attempt to reach an agreement on any proposed changes. If the members of the Committee fail to reach agreement within 90 days (or such earlier date as the parties reach good-faith impasse), the matter shall be submitted to the Grievance Review Board established by Step 3 of Section 4 for resolution.

B) Should the District propose to modify current policies which are applicable to bargaining unit employees, but which do not constitute wages, hours, or working conditions, the District shall notify the Local, either orally or in writing, 30 days prior to the proposed change. The Local may then request that the parties meet and confer on the issue, in which case the Labor Management Committee shall serve as the Meet and Confer Committee. The members of the Committee shall attempt to reach an agreement as to the proposed change, but if no agreement is reached, the matter shall not be submitted to the Grievance Review Board under Section 4.

Article 3: Last Best Offer

At any time during the meet and confer process as set forth above, either party may accept the other’s last proposal, despite the fact that the party accepting may have made a counterproposal, unless that last proposal has been expressly revoked in writing.

Article 4: Location

The Labor Management Committee may meet off-site in a less stressful setting to allow a free exchange of ideas and feelings. Any such meetings shall be scheduled so as to allow all Local representatives to attend without having to trade time, and Local members on duty shall be paid as though at their assigned station. In the event this cannot be arranged, the parties will attempt to agree as to how to handle the work time lost by Local representatives, but in no event shall Local representatives be forced to take time off work or trade time in order to attend such meetings. The parties shall split any expense incurred for off-site meetings equally.

Section 4
Grievance Procedure

Article 1: Grievance classification

Class 1 (one) grievances are those grievances involving the interpretation or application of this Memorandum, or which allege any violation thereof. Class 1 grievances shall be processed through the procedure set forth in Article 2 below, except those grievances (1) involving discipline other than a verbal warning which results in a negative financial impact on one or more employees; or (2) alleging discrimination in violation of Section 1 of this Memorandum may be initiated at Step 2. In such cases, the Local shall submit the original grievance to the Fire Chief, in writing, with a copy to the Board of Directors within the time period established under Step 1.

Class 2 (two) grievances are those that occur outside the scope of this Memorandum and do not allege a violation thereof, such as disputes regarding daily operations or personnel rules not incorporated herein. Class 2 grievances shall be processed only through Step 1 of the procedure set forth below.

Article 2: Class 1 Grievance Procedure

Step 1: The Local may file a grievance on its own behalf or on behalf of any bargaining unit employee. Bargaining unit employees may also file grievances on their own behalf without the assistance of the Local, if they so wish. Grievances may be initially filed either orally or in writing with the Assistant Chief., and must be filed within ten (10) working days after the aggrieved employee (or the Local, if no employee has filed a grievance through the Local) obtains knowledge of the event giving rise to the grievance.
The Assistant Chief shall respond in writing within ten (10) working days, stating that the grievance is upheld or, if denied, the reasons for such denial.

Step 2: If the matter is not satisfactorily resolved in Step 1, the employee with the Local, may take the matter to the Fire Chief by submitting a copy of the grievance and written response, from Step 1 within ten (10) working days following the Local’s receipt of that response. The Local may request a meeting to discuss the grievance, which shall be held within ten (10) working days of submission. The Fire Chief or his/her designated representative will give the Local a written response within ten (10) working days of said meeting, or within ten (10) working days of the submission if no meeting was requested.

Step 3: If the Local is not satisfied with the response received in Step 2 they may submit the grievance to the Local’s Executive Board. The Local’s Executive Board shall review the grievance and vote on the submission to the Grievance Review Board. The decision to submit or not submit a grievance to the Grievance Review Board shall be made on the following criteria:

A) The grievance shall be determined to be detrimental to the employee or to the Local as a whole with regard to the terms and conditions of this agreement; or
B) The grievance shall involve the Fire Chief or shall involve an infraction of this agreement that the Local Executive Board feels he would be biased on.

The Grievance Review Board shall be made up of two (2) members of the Local, chosen by the Local; two (2) Chief Officers; and one (1) member of the District’s Board of Directors randomly selected by the Board of Directors, who will act as Chairperson of the Grievance Review Board.

The Grievance Review Board will investigate and review all the facts related to the grievance. The Grievance Review Board will render a decision within twenty-one (21) working days of receipt of the grievance, by written secret vote of the two (2) representatives of the Local and the two (2) Chief Officers. The Grievance Review Board Chairperson (the member representing the District’s Board of Directors) will vote only in the case of a tie vote. The decision of the Grievance Review Board will be final and binding.

Article 3: Grievance Resolution

The parties desire to resolve grievances at the earliest possible step, and shall endeavor, in good faith, to do so. Grievances may be settled at any of the steps of the grievance procedure. If the settlement is reduced to writing and signed by representatives of both the Local and the District, such resolution shall be final as to that grievance.

Article 4: Time Limits

Time limits as referenced in this section shall be in working days. Definition: Working Day as pertains to this section, shall be any day that the aggrieved or responding party would be scheduled or normally work, not including Kelly days; weekends, vacation days, sick days, or District recognized holidays.

All time limits set forth in this Section shall be honored in good faith. Time limits may be extended by written or witnessed verbal agreement, given at least one (1) working day prior to the end of the initial time limit, between representatives of the Local and District. Such requested extensions for a period not to exceed three (3) working days shall be granted once during any step in the grievance procedure. Otherwise, should no response be received on any grievance within the time limit stated, or a respective extension, in any article, or step of this section, the last responding position shall be deemed to have prevailed, and the grievance resolved with that position agreed upon and complied with.

Section 5
Probation

Article 1: Time of Probation

The first six (6) months of employment following initial hire will be a probationary period to determine if the new employees have the required basic firefighting skills and whether they are going to be a good fit with the other employees with whom they will be working.

After three (3) months, the District, in order to accord the employees specific feedback and enable them to attempt to successfully complete the probationary period, shall evalu
ate new employees’ skills, interpersonal dynamics, and progress with orientation.

The District may terminate probationary employees without cause and said employees do not have access to the grievance procedure to redress such termination or other matters.

Article 2: Training

All new employees shall be required to go through a minimum of three(3) eight (8) hour days of orientation between the hours of 0700 and 1500, prior to going on shift. Existing Part-time and/or Volunteer staff, who accepts a full-time position, may serve a shorter orientation period as determined by management. Orientation will consist of the following:
A) Job description
B) Department Standard Operating Guidelines
C) Career Development Plan
D) Equipment & District familiarization
E) Administrative policies pertaining to the employee’s benefits
F) Union representation

Section 6
Hourly employees

All employees below the rank of Assistant Chief shall be hourly employees. Hourly employees shall be compensated for all hours worked, hours the employee is present for training, and all hours the employee is acting as an agent for the District.

Article1: Shift Employees

The work period for shift employees shall be twenty-four (24) hours on duty, twenty-four (24) hours off duty, twenty-four (24) hours on duty, twenty-four (24) hours off, twenty-four (24) on duty and ninety-six (96) hours off duty, with shifts starting and ending at 07:00 hours. This schedule will be on a twenty-seven day rotation. This rotation will consist of one (1) twenty-four (24) hour Kelly Day every other twenty-seven (27) day cycle.

This allows for one hundred ninety-two (192), up to 204, hours in the work period. Hours over one hundred ninety-two (192) will be compensated at the employee’s regular rate, and all worked hours over two hundred four (204) shall be overtime to be compensated at a rate of one and one half (1 ½) times the employee’s regular hourly rate of pay.

All shift employees will be timed in/out on the next quarter hour if they remain on duty for longer than seven (7) minutes past the last quarter hour, for the purposes of calculating pay.

Article 2: Paydays

Paydays shall be biweekly (every other Friday).

Section 7
Rate of Pay

Article 1: Current Base Pay Rates

See Appendix A attached hereto and incorporated herein.

Article 2: Future Base Pay Rates

The parties agree that the future base pay rate will not be less than the current base pay rate.

Article 3: Cost of Living Adjustment (COLA)

Within the first week of September of each year, one member of the Meet and Confer Committee shall meet with the Fire Chief and go over all available information on the cost of living. The Fire Chief will make a recommendation to the District Board of Directors, including the Meet and Confer Committee’s recommendation, for any increase in rate of pay to reflect the cost of living and any increase in base pay. The cost of living increase approved by the Board of Directors may not be withheld for any reason.

Article 4: Raises

All pay increases will be applied utilizing the following implementation schedule:

1. Cost of Living Adjustment which will begin the first pay period at the beginning of every year.
2. Probationary status change to Step 1 at the 6-month anniversary date of first appointment of current classification.
3. All regular step increases effective the first full pay period following July 1 of every year.

Article 5: Higher Education Pay

Employees shall receive incentive pay in the amounts listed for training received as follows:
Employees that hold an Associate Degree in an approved field of study shall receive $1,100 (eleven hundred) in addition to the regular rate of pay as set out in Appendix A.

Employees that hold a Bachelors Degree in an approved field of study shall receive $1700 (seventeen) in addition to the regular rate of pay as set out in Appendix A.

This incentive shall be awarded to the employee in semi-annual installments during the months of January and July.

Article 6: Deductions

Upon receipt of proper written authorization, the District shall deduct and forward to I.A.F.F. Local 3133, or to such accounts as the Local may direct, bargaining unit employees’ union dues. The District will cease such deductions upon written request of the employee. Employees may not change their directives to the District regarding such deduction more than twice per calendar year.

Section 8
Working Out of Grade

Article 1: Compensation

An employee works out of grade when he/she performs duties defined in a rank higher than their present rank.

Pay, when working out of grade will be at the employee’s current level with an additional five percent (5%) of his/her current base rate of pay. Management reserves the right to pay the rate equal to that paid to Level One of the higher rank in cases where temporary fulfillment of that position is required until a replacement can be hired/promoted.

Article 2: Selection of an employee for out of grade work

When an opening occurs that does not require overtime and that does not reduce personnel to below critical staffing levels, the opportunity will be offered first to qualified employees in the station. If not accepted in the station, it will be offered to qualified employees on shift. The offers will be based on time in grade seniority. If all employees on shift decline, the least senior employee will fill the vacancy. If no one on the shift is qualified, the opening will be offered to all full time employees qualified for the open position as per Section 12,“Additional Hours; Article 2”.

Section 9
Promotions Within the Bargaining Unit

Article 1: Promotional Examination Guidelines

Any qualified employee shall be allowed to participate in the promotional process. (Qualified employee is any employee meeting the CDP requirements for promotion). All qualified candidates will be given equal consideration without regard to their present grade within the District’s rank structure.

If all qualified candidates fail the testing process the District, at its discretion, can have the candidates retest or go outside the District to hire.

Article2: Promotional Exam Components

The Board of Directors and the Fire Chief will establish promotional examination components. Management will advise employees in advance of promotional procedures, what such components will be and how the tests will be conducted, i.e., written, practical, oral, etc. Any changes in the promotional process will be announced in a timely manner to allow candidates reasonable time to prepare.

Article 3: Trial Period

Employees receiving a promotion shall receive up to a six (6) month trial period to ensure that they are prepared for the position. If the District or employee chooses to rescind the promotion, the employee shall be returned to his/her previous rank and rate of pay without repercussions. If disciplinary action has been started on an employee in a probationary promotional rank, Article 3 becomes void as far as the employee returning to their original position.

Section 10
Seniority

Article 1: District Seniority

When used in this agreement in conjunction with promotion or reductions in staffing, District seniority shall mean time in service beginning on date of hire. Order of seniority between individuals with the same date of hire shall be determined by date and time stamp in the order in which the application was received.

Article2: Time in grade seniority

When used in this agreement in conjunction with vacation selection, station bidding and working out of grade, time in grade seniority shall mean seniority as among employees of the same rank. Such seniority shall be determined by the amount of time served in such rank.

Section 11
Transfers

Article 1: District Rights

The District retains the right to transfer or re-assign an employee whenever the interest of the service so requires, but transfers or re-assignment shall not be used as a form of reprisal.

Article 2: Filling Permanent Shift Vacancies.

Permanent vacancies due to retirement, termination, etc., shall be opened for bid to all career personnel in that grade. The employee with the most seniority in grade will be awarded the position.
New or newly promoted employees will then fill the open shift vacancy.

Article 3: Permanent Trading

Personnel may, with the approval from the Fire Chief or his/her designee, permanently trade assigned shifts. All such trades shall be submitted for approval in writing prior to the date of trade. If the trade is rejected, notice of rejection shall include the reason(s) for the rejection.

Article 4: Temporary Trading

Personnel may, with the approval of their Captain, trade assigned shifts, or partial assigned shifts. The Captain approving the trade time shall make sure that both employees have the requirements to work in each other’s position. Once the approval has been made, the Captain shall notify the Assistant Chief as soon as possible before the trade begins. If the trade is rejected, notice of rejection shall include the reason(s) for rejection.

Article 5: Shift Transfers

If necessary, the District may require shift transfers between or among employees. Personnel affected by such involuntary shift transfers shall be notified, in writing, fifteen (15) calendar days prior to the date of any transfer. If the involuntary transfer interferes with scheduled vacation, the employee will be given the option of taking all scheduled vacation as planned or re-scheduling the affected vacation days. Any re-selection of vacation under this provision shall be to open days only; the employee will not be allowed to bump another employee’s vacation. If the employee initiates a voluntary transfer, that employee must reschedule all vacation that has been previously scheduled.

Article 6: Emergency Transfers

In the event of illness or unforeseen incident the District may transfer employees to cover the vacant position from within the shift without the usual notice.

Section 12
Additional Hours

In addition to their regularly-scheduled hours, employees shall be paid for all paid personnel recalls, work on assigned days off, court appearances on off duty time which result from an member’s official duty, and training scheduled on off duty time for an employee or group of employees that is required for his/her Career Development Plan as currently provided by FLSA.

Article 1: Approval of Additional Hours

All additional hours must be approved by the Chief, Assistant Chief of affected shift(s) or, in cases of emergency, Captains. In the event of an emergency, the incident commander shall be able to initiate a recall of paid personnel to mediate the incident.

The District retains the right to require that any and all employees work additional hours when an emergency exists or the District believes it necessary in the interest of the public’s safety.

Article 2: Recall to Fill Shift Vacancies

Shift vacancies will be paged over District pagers and alpha pagers as soon as possible after notification of the vacancy stating the position to be filled and the hours needed. Only employees of the rank requested will be allowed to call in on the first round. The first employee of the rank requested to call in will be awarded the overtime. In the event that no employee of the rank requested calls in within the first ten (10) minutes the position will be repaged as above for “any qualified”. The first qualified employee to call in will then be awarded the overtime.

Article 3: Mandatory Shift Coverage

Employees recalled for mandatory shift coverage shall be compensated at one and three fourths (1.75X) his/her rate of pay for all such hours worked. Employees recalled for mandatory shift coverage shall be given up to one (1) hour to make arrangements to report to duty.

Employees that are held over for coverage until a replacement arrives shall be paid at an additional one-half (1/2) times their rate of pay for a time not more than one (1) hour. If it becomes necessary to instate the employee being held over as permanent coverage for the shift, he/she will be deemed mandatory shift coverage and compensated at one and three fourths (1.75x) his/her rate of pay for the entire twenty-four (24) hour shift. Arrangements shall be made to allow the employee to obtain supplies needed for the remainder of the shift..

Mandatory recall shall only be used when no response is received for voluntary coverage. The Mandatory Overtime List described in Article 7 of this section shall dictate the procedure for mandatory recall. Personnel at or above the rank of Assistant Chief may fill a shift or shifts in cases where temporary coverage is deemed by the fire Chief to be urgent and that of a greater need for the District.

Article 4: Employee Callback

All off-duty employees responding for a recall shall be paid a minimum of three (3) hours at his/her applicable rate of pay. In the event the employee is called back and finishes the assigned duties related to the alarm before the end of the two hours, the employee may be released from duty with the approval of the on-duty Captain. Employees will be granted twenty-five (25) minutes to arrive to the station/scene for a recall after it is initiated to be eligible for three (3) hours of pay. If employee’s response time is greater than twenty-five (25) minutes pay will be started from the time of arrival to the station/scene until the end of the recall.

Article 5: Critical Staffing

A full staff consists of five personnel, (1) Captain or Captain qualified, (1) Fire Specialist, and (3) Firefighter/Paramedics; minimum staffing consists of four personnel, (1) Captain or Captain qualified, (1) Fire Specialist or Fire Specialist qualified, and (2) Firefighter/Paramedics; critical staffing consists of three personnel, (1) Captain or Captain qualified, (1) Fire Specialist or Fire Specialist qualified, and (1) Firefighter/Paramedic.

If sufficient personnel are not available for more than two (2) hours to meet the critical staffing level requirements, Fire Specialists and/or Firefighter/Paramedics shall be retained or recalled for overtime. If at any time staffing levels drop below the established critical staffing level for any reason the District will initiate call back procedures to bring the level back to “critical staffing”.

Article 6: Bidding Scheduled Overtime.

Known scheduled overtime will be posted on the bulletin board at Station One a minimum of one week or as soon as possible prior to the event. The notice will include the following information; (1) personnel rank(s) needed, (2) the nature of the event, (3) the date of the event, (4) the length of time the employee is needed, (5) a brief description of the duties to be performed, and (6) the closing date of the sign-up sheet. The closing date shall be no less than two (2) days before the event in order to allow the employee awarded the overtime ample time to make any arrangement. The overtime shall be awarded on a first come, first serve, basis.

1. Employees who meet all specifications of posted extra or overtime hours may only sign up for one (1) 12.25 hours to 24-hour shift in a three-day period. After the second three-day period for the same posting, personnel may sign up for unlimited hours. Incomplete shifts up to 12 hours per every 24-hour day may be taken without the three-day period restriction.

Article 7: Mandatory Overtime List:

A mandatory overtime list will be maintained by staff. The list will be a rotating list based on district seniority, starting with the least senior employee. This list is not rank specific.
(Example: Nobody has responded to fill a shift vacancy and it is necessary to fill that vacancy with mandatory overtime, the first person to be contacted will be the lowest seniority person [that has not been held for mandatory overtime] on the District’s mandatory overtime seniority list, if that employee cannot be reached, the second lowest senior person will be contacted and so on. When an employee is held for mandatory overtime, that employee will be placed at the end of the list and cannot be held again until all other employees have been held before them).

Section 13
Off Duty Obligation

When happening upon a fire and/or EMS call in district, all paid employees will be considered “on the clock” for extra time or overtime pay purposes and under medical direction for treatment purposes. Such an instance will be when the employee is involved in the performance of active treatment or extensive assessment.

Instances of “off duty obligation” will be regarded as “paid time”. All shift employees will be timed in/out on the next quarter hour if they remain on duty for longer than seven (7) minutes past the last quarter hour, for the purposes of calculating pay.

Section 14
Reduction in staffing

In the event the District requires a reduction of personnel, it shall notify the Local and the parties shall meet and confer as to the need for a lay-off and any possible alternatives prior to lay-offs occurring. Although the parties recognize that lay-offs are working conditions, they shall attempt to resolve this issue as a policy change under Section 3.
Should lay-offs occur, employees with the least District seniority shall be laid off first and employees with the most District seniority shall be recalled first. Exceptions may be made in the event special skills are required to maintain adequate services to the public.

No new classified employees shall be hired until all personnel laid off have been notified, in seniority order, of the vacancy and offered the opportunity to return to work. The District shall make such notification and offer by mail to the last known address of the employee. Failure of the laid off employee to accept the proffered employment and report to duty within fourteen (14) calendar days of his/her receipt of the notice by registered mail shall be deemed a rejection of the offer of employment.

If an employee is laid off for more than six months, he or she may be required to pass a medical physical examination. Employees returning shall not be probationary employees and for the purpose of income and benefits they shall have both District and time in grade seniority equal to what they had at the time of the lay-off. Employees may attend ongoing in-house training during the period of the lay-off to maintain skills.

Section 15
Other Related Duties

Employees shall continue to do all work necessary for routine building and ground maintenance. Employees will not be required to do any electrical wiring or any major remodeling or renovation of the District structures during their regular shift. Employees may, however, perform work or projects, which will be of benefit to their working or living conditions within the station to which they are assigned. If repairs or remodel work are needed at a station, the District may also contract with qualified employees to do the work on their off duty time, as an independent contractor.

Shift personnel will be required to check assigned vehicles for proper working conditions and inventory specified items located on the daily/weekly check sheets. Unassigned vehicles shall not be included in daily checks. However, unassigned vehicles shall have a weekly check performed as directed by a weekly check sheet. The District shall determine apparatus assignment. (Example: The duty of vehicle checks is the responsibility of who the vehicle is assigned to).

Section 16
Work Related Injuries

Job-related injury or sickness shall be handled as established by State law.

An employee who is injured on the job and is eligible to receive Workers’ Compensation benefits shall be paid by Workman’s Compensation until released for work by the attending physician. Benefits will be received by the employee from Workman’s Compensation for time off work. Under the terms of this section, time lost from work and compensated for by Workman’s Compensation shall not be charged or deducted from the employee’s accumulated sick leave reserve, or constitute a break in continuous service duty.

Section 17
“ Black Flag Day”

To ensure that the employees are not subjected to unnecessary environmental stresses no non-emergency activities will be conducted outside when weather elements are of extreme conditions. Extreme conditions are herein defined to mean temperature, equal to or below 32 degrees Fahrenheit or a temperature, equal to or greater than 90 degrees Fahrenheit, the presence of then-occurring rain, snow or extreme winds.

Employees shall not be required to perform indoor non-emergency activities when the extreme temperature conditions, as defined above, are present and there is no air conditioning or heating in the area that the duties are to be performed.

Section 18
Holidays

Article 1: Bargaining Unit Holidays

The following days shall be recognized holidays for shift bargaining unit employees:

Memorial Day
President’s Day
Fourth of July
Labor Day
Thanksgiving Day
Columbus Day
December 24th
December 25th
New Year's Eve
New Year's Day

Article 2: Worked Holiday Pay

All scheduled hours worked by employees on one of the above holidays with the exception of December 25th, will be compensated at an additional one-half (1/2) times the employees’ rate of pay. Half time pay will begin at 0700 hours (shift change) on the specific holiday and end at 0700 hours the next day.

Due to the significance of December 25th as a family holiday for shift personnel, December 25th shall be deemed as a “premium” holiday and as such employees working that day shall be compensated at twice (2X) the employees’ regular rate of pay. Double time shall begin as stated above (beginning at 0700 hours on Christmas Day and end at 0700 hours the next day).

Section 19
Vacation

Article 1: Accumulation of Vacation for Regular and Shift Employees

All full-time, regular, and shift employees shall be entitled to vacation time under the following schedule.
(Full-time employees are entitled to vacation upon completing a six (6) month probationary period of service.)
Length of Continuous Service Regular employees (hours) Shift employees (hours)

Less than 3 3.077/ pay period 4.616/ pay period
At least 3, but less than 5 3.847/ pay period 6.462/ pay period
At least 5, but less than 10 6.154/ pay period 7.385/ pay period
At least 10, but less than 20 7.693/ pay period 8.308/ pay period
At least 20 or more 9.234/ pay period 9.234/ pay period

Article 2: Personal Day

Each employee shall be allowed one personal day off with pay each calendar year, to be taken in increments not less than four (4) hours for reasons personal to the employee. The personal day can be scheduled in advance or requested immediately from the supervisor for situations deemed urgent and/or related to the individual or family needs without regard to minimum staffing. The employee requesting personal time must wait for coverage of his/her duties before leaving their post unless approved by the shift supervisor/Management.

Article 3: Selection of Vacation

Vacation selection will begin with the most senior member of the shift. The selection shall occur by hire date seniority of those in each rank. Each employee’s first selection may be from one to three consecutive vacation shifts and can be “locked in” to a Kelly Day. Any remaining selections shall be made after all employees of that shift have made their first selection. Any subsequent vacation shifts can be attached to previously selected vacation/Kelly stretches as long as there is no conflict with staffing requirements.

Article 4: Split Vacation

Vacation time may be taken in portions as short as 1 hour, up to a 24-hour period, as staffing allows.

Article 5: Re-Selection Due to Illness

In the event an employee is off work because of sickness or injury and is under a doctor’s care at the time his/her vacation was scheduled to begin, the employee may request in advance to reschedule vacation for a later date. Such rescheduling must be done on days remaining available; the employee cannot bump another employee’s vacation due to illness or injury.

Article 6: Payment of Accrued Vacation

Upon retirement, resignation, or separation from employment, unused vacation days earned will be paid the next pay day following separation after the employee returns all District-issued equipment and uniforms assigned to the employee. In the event of death of an employee, the surviving spouse or estate of the employee shall receive accrued vacation pay under the same terms as set forth above.

Section 20
Sick leave

Article 1: Accumulation

The parties hereby incorporate by reference District Policy 307

Sni Valley provides paid sick leave benefits to all eligible employees for periods of temporary absence due to illness or injuries. Eligible employee classifications(s):

* Regular employees
* Shift employees

Eligible employees will accrue sick leave benefits at the rate of 10 days per year for regular employees and 5 days for shift employees. Sick leave benefits are calculated on the basis of a “benefit year,” the 12-month period that begins when the employee starts to earn sick leave benefits. Employees shall accrue sick leave benefits from the first day of employment.

Employees may request use of paid sick leave after completing a waiting period of ninety (90) calendar days from the date they become eligible to accrue sick leave benefits. Paid sick leave can be used in minimum increments of two (2) hours. Only twenty-four (24) hours of sick leave may be taken in increments of no less than two (2) hours at a time. Eligible employees may use sick leave benefits for an absence due to their own illness or injury or that of a family member who resides in the employee’s household. A maximum of sixteen (16) hours per year for regular employees and twenty-four (24) hours of paid sick leave may be utilized for the incapacitation of a family member who resides in the employee’s household.

Employees who are unable to report to work due to illness or injury should notify their direct supervisor, no later than one (1) hour before the scheduled start of their workday. The direct supervisor must also be contacted on each additional day of absence. If a regular employee is absent for two or more consecutive days due to illness or injury, a physician’s release to work must be provided upon his/her return. Shift employees have the same requirement when they are absent due to an illness or injury for more than a single shift. The District reserves the right in all cases of illness or injury to require that sick leave benefits not be payable where an employee fails to promptly furnish a physician’s certificate of illness or injury when notified that such certificate is required, is found to have violated or abused the District’s sick leave policy or is absent from work due to intentional injury or injury sustained in employment for someone other than the District.

Employees who are found to be violating or abusing the District’s sick leave policy shall be subject to disciplinary action. The District reserves the tight to deny the payment of sick leave benefits on grounds other than those specifically set forth herein. Sick leave taken preceding or following a Kelly Day, vacation day or holiday will require a physician’s certificate.

Sick leave benefits are not payable retroactively for illness or injury incurred while on vacation.

Sick leave benefits will be calculated based on the employee’s base pay rate at the time of absence and will not include any special forms of compensation, such as incentives, commissions, bonuses, or shift differentials. The combination of any disability payments and sick leave benefits cannot exceed the employee’s normal weekly earnings. Excessive use of sick leave will become a part of the employee’s evaluation, which will determine the overall rating of the employee.

Unused sick leave benefits will be allowed to accumulate to a maximum of two hundred and forty (240) hours for shift employees and a maximum of one hundred and eighty-four (184) hours for regular employees. If the employee’s benefits reach this maximum, further accrual of sick leave benefits are intended solely to provide income protection in the event of illness or injury, and may not be used for any other absence. Unused sick leave benefits will not be paid to employees while they are employed or upon termination of employment. An employee shall not engage in other compensated work while on sick leave from Sni Valley.
Article 2: Use of Sick Leave
An employee shall be granted sick leave for a condition rendering the employee temporarily physically unable to perform his/her duties, illness, or the circumstances described under Special Leave in Section 22 of this agreement. Sick leave may be taken in increments as little as two (2) hours for situations such as a sick child or other covered person/s up to twenty-four (24) hours until the other spouse is available to provide care.

Section 21
Health and Welfare

The District shall continue in effect, the coverage of insurance programs currently available to employees; however, neither this statement, nor any Memorandum language, is to be construed as limiting the District’s sole authority to change insurance carriers if equivalent or better coverage can be obtained at a reduced cost. However, the Local shall be given up to a 60 days’ notice, but not less than 30 days’ notice if at all possible, of any contemplated changes of carrier for the purpose of allowing discussion by the Labor-Management Committee.
The Local shall have the right to research the availability of better or equal coverage and upon finding such coverage, shall submit in writing to the Labor-Management Committee a proposal for change.
Any proposed change in insurance carrier, whether initiated by the District or by the Local, shall not be treated as wages or working conditions for purposes of the discussion procedure to be followed by the Labor-Management Committee.

Article 1: District Contribution

The District will contribute to hospitalization, major medical and dental plans as follows:

A) 100% of the premium for the employee,
B) 100% of the premium for dependent coverage for employees prior to November 2004.
C) Employees hired after November of 2004 will fall under the most current District policies for health and dental coverage.

Should the District become unable to maintain this level of contributions for dependent coverage, the District shall so notify the Local and the Labor-Management Committee shall, although the parties recognize that this is a working condition, attempt to resolve the issue as a policy change under Section 3 Article 2.B. In no event however shall the District’s contribution for dependent coverage premiums fall below 50%.
Accidental death and dismemberment insurance will be provided for the employee in the amount of 60% of bi-weekly salary provided by the current insurance provider. This is in addition to a flat rate of a $20,000 plan per employee coordinated through the health care provider.

Article 2: LAGERS

It is agreed upon that Sni Valley shall provide LAGERS (Local Area Government Employee’s Retirement System) benefits. All employees who have completed their probation time will be enrolled into the program. It is agreed upon that the non-contributory amount of 2% or LAGERS L-6 will not be decreased; however management retains the right to increase this amount at any time.

Article 3: Fitness

Employees shall be allowed to exercise at any approved facility in the District between 1400 hours and 1900 hours as long as all other duties have been completed.

Section 22
Special Leave

Article 1: Recognized Leave

It is agreed that the employee shall be allowed leaves of absence for the following:

FMLA leave
Funeral leave
Military leave
Special Request
Jury Duty leave
Emergency leave
Court leave

Article 2: Guidelines for Recognized Leave

A) FMLA Leave:
Leave shall be granted in conformity with the Family and Medical Leave Act of 1993 (FMLA) in the event of a birth, adoption or placement of a child or the serious health condition of the employee or his/her spouse, child, parent, sibling, grandparent, parent-in-law or other relative with whom the employee resides.
FMLA leaves may be intermittent or on a reduced schedule. If the employee so requests, accrued paid leave may be utilized as part of FMLA leave. FMLA leave shall be granted on a calendar year basis. During such leave, the District will (1) maintain employee and dependent insurance coverage; (2) maintain its contributions to LAGERS for such time as the employee elects to utilize paid leave. Employees who elect to take paid leave as part of FMLA leave shall continue to accrue additional vacation and sick leave for up to thirty (30) days of such paid leave, but not for over 30 days or in the case of unpaid leave.
The Fire Chief or his/her designee may authorize additional FMLA leave, and may authorize unpaid leave in circumstances which warrant such leave but which are not covered under the above definition of FMLA leave (e.g., family emergency not constituting a serious medical condition). Such requests for additional or non-FMLA leave shall be in writing if feasible.

B) Funeral Leave:
Employees shall be allowed to receive time off with pay to attend the funeral of the employee’s spouse, child, parent, sibling or grandparent, grandchild, son/daughter-in-law or such relative of the employee’s spouse. Shift employees shall receive one (1) twenty-four (24) hour shift off. Additional time off may be requested to be credited against existing sick leave or vacation, or without pay.

Employees shall be allowed off for the funeral of a fellow member of the District, or a fellow member of Local 3133 with the approval of the Fire Chief. In addition, in the event of the death of someone not an “immediate family member”, as defined above, employees may be granted funeral leave by the Assistant Chief or, in his absence, the Fire Chief, when circumstances warrant the employee’s attendance at the funeral. Those circumstances shall include, but not be limited to; the employee’s unusually close relationship with the deceased, the employee’s role, if any, in the funeral, the existing work schedule, and any other relevant factors.

C) Military Leave:
The parties hereby incorporate by reference District Policy 605, as amended June 22, 2000.
A Military leave of absence will be granted to employees who are absent from work because of service in the U.S. uniformed services in accordance with the Uniformed Services Employment and Reemployment Rights Act (USERRA). Advance notice of military service is required, unless military necessity prevents such notice or it is otherwise impossible or unreasonable.
Employees will receive partial pay for two-week training assignments and shorter absences. Upon presentation of satisfactory military pay verification data, employees will be paid the difference between their normal base compensation and the pay (excluding expense pay) received while on military duty.
The portion of any military leaves of absence in excess of two weeks will be unpaid. However, employees may use any available paid time off for the absence.
Continuation of health insurance and retirement benefits is available as required by USERRA based on the length of the leave and subject to the terms, conditions and limitations of the applicable plans for which the employee is otherwise eligible.
Benefit accruals, such as vacation, sick leave, or holiday benefits will be suspended during the leave and will resume upon the employee’s return to active employment.
Employees on military leave for up to 30 days are required to return to work for the first regularly scheduled shift after the end of service, allowing reasonable travel time. Employees on longer military leave must apply for reinstatement in accordance with USERRA and all applicable state laws.
Employees returning from military leave will be placed in the position they would have attained had they remained continuously employed or a comparable one depending on the length of military service in accordance with USERRA. They will be treated as though they were continuously employed for purposes of determining benefits based on length of service.

D) Jury Duty Leave
An employee will be granted leave with pay when required to be absent from work for jury duty. The employee will only receive pay on the days he/she is supposed to be present for duty. Any summons to jury duty must be immediately reported to the employee’s supervisor.

E) Court Leave: Non – Jury Related

Employees who have been subpoenaed or ordered to appear in court shall show the subpoena to the Fire Chief immediately upon receipt. An employee having to leave under these circumstances will be released for court appearances. Employees who must appear in court to represent the District when they would otherwise be on duty will be paid as though they had remained on duty. Employee appearances in court on behalf of the District during non-duty time shall be considered hours worked and paid accordingly.. Employees, who are in court on their duty day, shall report for duty as soon as the court releases them.
Employees who are subpoenaed for court, but not to represent the District shall, be released to appear in court, however those employees will have to use vacation hours to make up for lost wages. If the employee has no vacation time available the employee will have to take time off with no compensation.
F) Emergency Leave (Leave for an Emergency):

In the event of a personal or family emergency, employees shall be released from work by their shift supervisor for all or part of a shift to attend to the matter. An emergency is defined as any event for which leave would otherwise be granted, but as to which the employee has little or no notice.. Leave for an emergency shall include:

(A) Because of the birth of a son or daughter of the employee and in order to care for such son or daughter.
(B) Because of the placement of a son or daughter with the employee for adoption or foster care.
(C) In order to care for the spouse, or a son, daughter, parent, or grand parent of the employee, if such spouse, son, daughter, parent, or grand parent has a serious health condition.
(D) Because of a serious health condition that makes the employee unable to perform the functions of the employee's position.

Section 23
Directives

Article 1: Verbal Directives

It is agreed that temporary changes are needed and the Local agrees that verbal directives may be issued to meet this need. It is further understood by both parties that all verbal directives are effective for the twenty-four (24) hour shift they were issued on.

Article 2: Temporary Directives

Informal written directives may be issued when there is a need. Informal written directives shall be effective for no more than thirty (30) days. If an extension is needed the District shall request a conference pursuant to Labor Management Section Article 2 to meet and confer as to the extension.

Section 24
Bulletin Boards

The District agrees to allow the Local to maintain a bulletin board in each of the stations to be furnished by the Local. The Local’s bulletin boards will be for the exclusive use of Local 3133. Only material directly related to activities or interests of the Local shall be posted. While neither the Local nor its officials shall be held accountable for items on the bulletin boards if not dated and initialed, it is also agreed that all items placed on the bulletin board will be dated and initialed by one of the Local’s officers, and that items found without a date and initials shall be removed by either the District or the Local.

Section 25
Career Development Plan

The Local recognizes the Career Development Plan (CDP), and the District agrees that the CDP committee will be comprised of members of the Local. Management also agrees that the CDP will not be reviewed and/or changed more than once annually.
Courses listed as “voluntary” or “recommended” as a course of study, are not required. If the District requires a course of study in the CDP for the purpose of promotion, the District shall provide the training and/or make available financial assistance.

Section 26
Education partnership

Any employee enrolled in a course or field of study, or certification required for that employee’s current CDP level that is not provided by the District, shall be allowed to leave the work place while still being compensated to attend said classes as approved by the Assistant Chief so long as their absence does not effect minimum staffing levels established under “Additional hours; Section 12 Article 6”.

Section 27
Legal Representation

To the extent not prohibited by its current liability insurance coverage, the District agrees that it will (1) defend; (2) make available legal representation; and (3) hold harmless and indemnify any of its employees against any tort claim or demand, provided the subject of said tort claim or demand (a) arises out of an alleged act or omission occurring within the scope of their employment or duties; (b) does not create a conflict of interest for counsel for the District; and (c) the employee consents to said legal representation.
In the event the District does not provide legal representation to an employee who so requests, and it is later determined that the employee was acting within the scope of his/her employment, the District shall reimburse the employee for all reasonable attorney’s fees and costs incurred as a result of the District’s refusal to provide representation.

Section 28
Residency

It is agreed that an employee shall have the right to choose the area in which they would prefer to reside and that no residency requirement be put into place.

Section 29
Political Activity

Employees shall agree that while being employed by the District they shall not seek election for the office of director of the Sni Valley Fire Protection District. Election to other offices within the city, county, state, other political subdivisions, and at the federal level shall be allowed providing the duties of that office do not directly interfere with the employee’s performance with the District, or in conflict with State Laws.
No appointed officer or employee while in uniform, or on duty or performing their official duties, or participating in sponsored activities of the District, shall:

1) Directly or indirectly promote or oppose a candidate for election to a District or local office.
2) Display or distribute badges, buttons, signs or stickers, colors that indicate support for or opposition to a candidate for election to a city, county, state, or federal office, or other political subdivision, provided however, a bumper sticker affixed to an appointed officer or employee’s private vehicle, which does not display a name of any candidate for the office of Director of the Sni Valley Fire Protection District shall be permitted. All other political rights and activities afforded citizens by the Constitution of the United States shall be permitted and encouraged.

Section 30
Duty Use of Personal Vehicle

Employees may be requested by a superior officer to use their personal vehicle for District business or for transportation to required training classes. The employee shall be compensated, according to national standards, per mile to stay current with state allowances and as approved by the District.

Section 31
Uniforms, Equipment

The District shall provide each employee with uniforms. The District, as needed, shall replace the uniforms.
The District shall provide each employee with uniforms, including footwear, also to be replaced by the District as needed.
The District shall provide each employee with all necessary protective clothing. All clothing purchased shall meet or exceed current NFPA standards at the time of purchase. The District shall replace, as soon as possible, said clothing that becomes worn or the fit is incorrect.
All equipment provided by Sni valley is for Sni Valley use only.
Station uniforms may be no less than fifty percent cotton and fifty percent other material.

Section 32
Local I.A.F.F. Insignia

It is agreed that the official I.A.F.F. identification pin may be worn on the class A uniform centered 1 (one) inch above the employee’s nametag.
I.A.F.F. patches or embroidered logo will be worn on the left sleeve of class B uniforms.
I.A.F.F. stickers may be worn on the employee’s helmet. The sticker must be placed on either side of the center rib at the rear of the helmet.

Section 33
Savings Clause

In the event that any provision of the Agreement shall at any time be declared invalid by any court or government regulation or decree, such decision shall not invalidate the entire Memorandum. The expressed intention of the parties is that all other provisions not declared invalid shall remain in full force and effect.

Section 34
Term of Agreement

This agreement shall become effective upon signing by the representatives of the Fire District and I.A.F.F. Local 3133, and shall remain in effect for 2 years (730 days) from date of signing. At least 60 days prior to that date, the parties will meet and confer in a good-faith attempt to reach an agreement as to any proposed modifications. The terms of the Memorandum shall continue in effect until agreement is reached or until it is modified by appropriate legislative action.
In the event a tax levy, or a sales tax is passed during the term of this agreement or any extensions thereof, either party may request a limited reopener within thirty days of such vote, for the sole purpose of modifying the economic provisions of the Memorandum. Any such economic modifications shall be formalized through appropriate legislative action as an amendment to the Memorandum and the ordinance or resolution by which it was initially formalized.

Section 35
Statute of Limitations

Both parties agree that disciplinary action or investigation of an incident must be initiated within ten (10) days of notification/knowledge of the alleged offense. After the above stated ten days, if no action has been taken or investigation begun, the alleged offense shall be considered null and void. Written notice must be given to the employee stating the date of the alleged offense, and the recommended disciplinary action. If for some reason any of the parties involved and the Fire Chief and Assistant Chief are out of the District, the ten (10) day period will not begin to run until all parties involved and one (1) Chief returns. Investigations will last no longer than thirty (30) days, except for a suspected “pattern” of abuse for District policies to include the following:

• Review of absenteeism
• Drug and alcohol abuse
• Reports of improper actions requiring possible criminal investigation

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