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RES 1982-61 - 00005997u I RESOLUTION r • 1: AND AUTHORIZING AGREEMENT c. v n 1SEM I; WORKING 00MITIONSe E .1 :•u•. OF EMPEDYEES or 7HE my OF FRIDLEY FIRE DEPARTMENT FOR THE YEW Im AM im WHEREAS, the International Association of Firefighters Local No. 1986, as bargaining representative of the Firefighters of the City of Fridley Fire Department, has presented to the Council of the City of Fridley various requests relating to the working conditions, wages and hours of employees of the Fire Department of the City of Fridley, and WHEREAS, the City of Fridley has presented various requests to the Union and to the employees relating to working conditions, wages and hours of employees of the Fire Department of the City of Fridley, and WHEREAS, representatives of the Union and the City have met and negotiated regarding the requests of the Union and the City, and WHEREAS, agreement has now been reached between the representatives of the two parties on the proposed changes in the existing contract between the City and the Union. NOW, THEREFORE, BE IT RESOLWID, that the City Council hereby approves said Agreement and that the Mayor and the City Manager are hereby authorized to execute the attached Agreement (Exhibit "A ") relating to working conditions, wages and hours of Firefighters of the City of Fridley Fire Department. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 127H DAY OF JULY, 1982 ATTEST: - -- 11 10 �'• M �1• M�r ^. yi 92 •• •• .o- PS ARTICLE I - PURPOSE OF AGREEMENT . . . . . . . . . . . . 1 ARTICLE II - RE000NITION. . . . . . . 1 ARTICLE III - DEFINITIONS. . . . . . . 1 ARTICLE IV - EMPLOYER SECURITY. . . . . 3 ARTICLE V - EKPIOYER AUTHORITY . . . 3 ARTICLE VI - UNION SECURITY . . . . . . . . . . . . 3 ARTICLE VII - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE. . . . 3 ARTICLE VIII - SAVINGS CLAUSE 6 ARTICLE IX - SENIORITY. . 6 ARTICLE X - DISCIPLINE . . . . . . . . . . . . . . . . 7 ARTICLE XI - WORK SCHEDULES . . . . . . . . . . . . . . . . . . . . 7 ARTICLE XII - VACATIONS. . . . . . . . . . . . . . . . . . . . . 8 ARTICLE XIII - PAY FOR FIRE CALLS . . . . . . . . . . . . . . . 8 ARTICLE XIV - EMPLOYEE EDUCATION PROGRAM . . . . . . . . . . . 8 ARTICLE XV - HOLIDAYS . . . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE XVI - SICK LEAVE . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE XVII - INJURY ON JOB. . . . . . . . . . . . . . . . . . 10 ARTICLE XVIII - PROBATIONARY PERIODS . . . . . . . . . . . . . . . . 11 ARTICLE XIX - FUNERAL PAY. . . . . 11 ARTICLE XX - JURY PAY . . . . 11 ARTICLE XXI - UNIFORM ALLOWANCE . . . . . . . . . . . . . . . . . . . 11 ARTICLE XXII - HEALTH AND HOSPITAL INSURANCE . . . . . . . . . . . . . 11 ARTICLE XXIII - RATES OF PAY . . . . . . . . . . . . . . . . . . . 11 ARTICLE XXIV - ADDITIONAL INCENTIVE PAY . . . . . . . . . . . . . . . 12 ARTICLE XXV - COLLEGE CREDITS . . . . . . . . . . . . . . . . . . . . 12 1 ARTICLE XXVI - SEVERANCE PAY. . . . . . . . . . . . . . . . . 12 ARTICLE XXVII - WAIVER . . . . . . . . . . . . . . . . 13 ARTICLE XXVIII - DURATION . . . . 13 1 0 9 ae39= CITY OF FRIIIM AM II ATEI i. ASSOCIA' MOO OF FIREFIGB W LOCFL NO* 1986 ARTICLE I. PaFawE of Ammew This AGREEMENT is entered into as of July 12, 1982 between the CITY OF FRIDLEY, hereinafter called the EMPLOYER, and the INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL M. 1986, hereinafter called the UNION. It is the intent and purpose of the AGREFIUM to: 1.1 Establish procedures for the resolution of disputes concerning this AGREDEWIS interpretation and/or application; and 1.2 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this AGREEMENT. ARTICLE II, The EMPLOYER recognizes the UNION as the exclusive representative, under Minnesota Statutes, Section 179.71, Subdivision 3, for all personnel in the following job classifications: 1. Firefighters , 2. Fire Captain ARTICLE III. UEFINIITIONS 3.1 Union The International Association of Firefighters Local No. 1986. 3.2 Union Member A member of the International Association of Firefighters Local No. 1986. 3.3 Employee A member of the exclusively recognized bargaining unit. 3.4 DmuUm t The City of Fridley Fire Department 3.5 UBla= The City of Fridley 3.6 rh;af The Chief of the Fire Department of the City of Fridley. ' 3.7 Z Officer elected or appointed by the International Association of Firefighters Local No. 1986. 3.8 overr;,m Work performed at the express authorization of the BVIDYER in excess of the employee's scheduled shift. 3.9 ,Srhar7 a ] ar] cam; ft A consecutive work period including two rest breaks and a lunch break. 3.10 Rosf_Rreakc Two periods during the SCHEDULE) SHIFT during which the employee remains on continual duty and is responsible for assigned duties. 3.11 jdmch Rraak - A period during the SCHEDULED SHIFT during which the employee remains on continual duty and is responsible for assigned duties. ' 3.12 &}r;kw Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slow -down, or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purposes of inducing, influencing or coercing a change in the conditions or compensation or the rights, privileges or obligations of employment. 3.13 RBRp Pate_r!f Dav The Employee's monthly rate of pay exclusive of longevity or any other special allowance. 3.14 CQugensatorv_Time Time off during the employee's regularly scheduled work schedule equal in time to overtime worked. - 2 - 0 Payment made to an employee upon honorable separation of employment. M7 • The UNION agrees that during the life of this AGRE 2MM it will not cause, encourage, participate in or support any strike, slow -down or other interruption of or interference with the normal functions of the EMPLOYER. AWICLE v. aPIVWR auIEoKa 5.1 The EMPLOYER retains the full and unrestricted right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel; to establish work schedules, and to perform any inherent managerial function not specifically limited by this AGREEMENT. 5.2 Any term and condition of employment not specifically established or modified by this AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish, or eliminate. '� M 1. 1 • :.IIY 6.1 The EMPLOYER shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly UNION dues. Such monies shall be remitted as directed by the UNION. 6.2 The UNION may designate employees from the bargaining unit to act as a steward and an alternate and shall inform the EMPLOYER in writing of such choice and changes in the position of steward and /or alternate. 6.3 The EMPLOYER shall make space available on the employee bulletin board for posting UNION notice(s) and announcement(s). 6.4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders, or judgments brought or issued against the EMPLOYER as a result of any action taken or not taken by the EMPLOYER under the provisions of this Article. i: ._. . ., A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGREEMENT. j - 3 - The EMPLOYER will recognize REPRESENTATIVES designated by the UNION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The UNION shall notify the EMPLOYER in writing of the names of such UNION REPRESENTATIVES and of their successors when so designated as provided by 6.2 of this AGREEMENT. ' It is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the EMPLOYEES and shall therefore be accomplished during normal working hours only when consistent with such EMPLOYEE duties and responsibilities. The aggrieved EMPLOYEE and a UNION REPRESENTATIVE shall be allowed a reasonable amount of time without loss in gay when a grievance is investigated and presented to the EMPIAYER during normal working hours provided that the EMPLOYEE and the UNION REPRESENTATIVE have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. 7.4 Z Grievances, as defined by Section 7.1, shall be resolved in conformance with the following procedure: c*w An EMPLOYEE claiming a violation concerning the interpretation or application of this AGREEMENT shall, within twenty -one (21) calendar days after such alleged violation has occurred, present such grievance to the EMPLOYEE'S supervisor as designated by the EMPLOYER. The EMPLOYER- designated representative will discuss and give an answer to such Step 1 grievance within tan (10) calendar days after receipt. A ' grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the EMPLOYER- designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the UNION within ten (10) calendar days shall be considered waived. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER- designated Step 2 representative. The EMPLOYER- designated representative shall give the UNION the EMPLOYER'S Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the EMPLOYER- designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the UNION within ten (10) calendar days shall be considered waived. - 4 - 97 9� If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER- designated Step 3 representative. The EMPLOYER- designated representative shall give the UNION the EMPLOYER'S answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within tan (10) calendar days following the EMPLOYER- designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the UNION within ten (10) calendar days shall be considered waived. SLW.A. A grievance unresolved in Step 3 and appealed to Step 4 by the UNION ' shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971. The selection of an arbitrator shall be made in accordance with the 'Rules Governing the Arbitration of Grievances' as established by the Public Employment Relations Board. 7.5 Azbit=tQr! a. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the UNION, and shall have no authority to make a decision on any other issue not so submitted. b. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the EMPLOYER and the UNION and shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. c. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost shall be shared equally. 7.6 10bi= If a grievance is not presented within the time limits set forth above, it shall be considered 'waived". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER'S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the UNION may elect to treat the grievance as denied at that step and immediately appeal the - 5 - 99 7.7 grievance to the next step. The time limit in each step may be extended by mutual written agreement of the EMPLOYER and the UNION in each step. If, as a result of the written EMPLOYER response in Step 3, the grievance remains unresolved, and if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed either to Step 4 of Article VII or a procedure such as. Civil Service, Veteran's Preference, or Fair Employment. If appealed to any procedure other than Step 4 of Article VII, the grievance is not subject to the arbitration procedure as provided in Step 4 of Article VII. The aggrieved employee shall indicate in writing which procedure is to be utilized (Step 4 of Article VII or another appeal procedure) and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 4 of Article VII. ARTICLE VIII SAVINGS CLAUSE This AGREEMENT is subject to the laws of the United States, the State of Minnesota and the City of Fridley. In the event any provision of this AGREEMENT shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions of this AGREEMENT shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. 9.1 Seniority shall be determined by the employee's length of continuous employment with the Fire Department and posted in an appropriate location. Seniority rosters may be maintained by the FIRE CHIEF on the basis of time in grade and time within specific classifications. ' 9.2 During the probationary period, a newly hired or rehired employee may be discharged at the sole discretion of the EMPLOYER. During the probationary period a promoted or reassigned employee may be replaced in his previous postiion at the sole discretion of the EMPLOYER. 9.3 A reduction of work force will be accomplished on the basis of seniority. Employees shall be recalled from layoff on the basis of seniority. An employee on layoff shall have an opportunity to return to work within two years of the time of his layoff before any new employee is hired. 9.4 Vacation periods to a maximum of two (2) weeks shall be selected on the basis of seniority until May 1st of each calendar year. 100 10.1 The EMPLDYER will discipline employees for just cause and may be in one or more of the following forms: a. oral reprimand; b. written reprimand; C, suspension; d. demotion; or e. discharge. 10.2 Suspensions, demotions and discharges will be in written form. 10.3 Written reprimands, notices of suspension, and notices of discharge which are to became part of an employee's personnel file shall be read and acknowledged by signature of the employee. Employees will receive a copy of such reprimands and/or notices. 10.4 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the EMPLOYER. ARTICLE XI FORK SCHEDULES 11.1 The normal work schedule for the employees of the Fire Department shall consist of a 56.66 hour work week. The normal work schedule for 1982 shall be 58 hrs. per week until 6/14/82 and 56.66 hrs. thereafter. The normal work schedule for 1983 shall be 2946 hours. The 56.6 hour work week for 1982 and 1983 does not contemplate regularly scheduled hours on Saturday and before 8 P.M. on Sundays. a. hours worked on assigned shifts; b. holidays; C. authorized leave time. The Department Head is responsible for scheduling and assigning the weekly work schedule. 11.2 The City claims the authority to schedule employee's duty schedule. A normal work schedule for the employees will be a combination of shifts comprised of twelve (12) hours between 8:00 P.M. Sunday and 8:00 A.M. Friday and ten (10) hours between 7:00 A.M. Monday and 5:00 P.M. Friday. 11.3 It is recognized by the parties that service to the public may require the establishment of regular shifts for some employees on a daily, weekly, seasonal, or annual basis, other than the regularly scheduled hours. The employer will give advance notice to the employees affected by the establishment of work days different than the normal employees' work day. 11.4 In the event that work is required because of unusual circumstances such as (but not limited to) fire, flood, snow, sleet, breakdown of municipal equipment or facilities, no advance notice to the employees need be given. It is not required that an employee working other than the normal workday be scheduled to work more than the scheduled hours; however, each employee has an obligation to work overtime if requested, -7- lot unless unusual circumstances prevent him from doing so. 11.5 It is also recognized by the parties that service to the public may require the establishment of regular work weeks that schedule work on Saturdays and/or Sundays. Employees who are regularly scheduled to be on duty Saturday and/or Sunday will be granted two consecutive days off in lieu of Saturday and/or Sunday. f� ���« : .� •/: vii-? 12.1 Each Employee of the City who has worked regularly for the City for a ' period of not less than twelve (12) successive months is entitled to a vacation away from employment with pay. Vacation pay shall be computed at the regular rate of pay to which such Employee is entitled. An Employee who has worked a minimum of twelve (12) months is entitled to one (1) work day (11.3) hours of vacation for each month so worked. An Employee who has worked eighty -four (84) consecutive months is entitled to one and one -half (1 1/2) workdays (16.95 hours) of vacation for each month worked beginning with the eighty -fifth (85th) month of consecutive employment. An Employee who has worked one hundred eighty (180) successive months is entitled to one and two-thirds (1 2/3) workdays (18.75 hours) of vacation for each month worked, beginning with the one hundred eighty -first (181st) month of consecutive employment. Except where otherwise provided by agreement between the City Manager and Employee, no more than twenty (20) days vacation may be taken in any one calendar year. 12.2 Employees are not authorized to carry over from one year to the next more than five (5) days of vacation over what the employee had at the end of the previous year, without express approval of his Department Head and the City Manager. 12.3 In the event a regular full time Employee quits or his employment is severed for any reason whatsoever, he shall receive his earned vacation pay. ARTICLE RIII PAY FOR FIRE CALLS 13.1 Pay for off duty fire calls shall be an amount equal to the current rate being paid to paid call firefighters. This will apply on all fire calls before or after regular working hours or on days off. Should the courts find that the Fridley Fire Department comes under the jurisdiction of the Federal Fair Labor Standards Act, this section of the contract shall be null and void. i; \• 14.1 The City will pay certain expenses for certain education courses based on the following criteria. OFM 102 a. The training course must have relevance to the Employees' present or anticipated career responsibilities. Attendance shall be at a City approved institution. The course must be approved by the Department Head. b. Financial assistance will be extended only to courses offered by an accredited institution. This includes vocational schools, Minnesota Scb000l of Business, etc. 14.2 Employee Education Programs Financial Policy Financial assistance will be extended to cover only the cost of tuition. Charges for books, student union membership, student health coverage and other charges for which the student receives some item or services other than actual. instruction will not be paid. The City will pay 508 of the cost of tuition in advance of the Employee's actual participation in the course and the Employee shall pay 50% of the cost. Upon successful completion of the course an employee will be required to present a certification of satisfactory work to his department head. Satisfactory work is defined as follows: a. In courses issuing a letter grade, a C or above is required. b. In courses issuing a numerical grade, 708 or above is required. c. In courses not issuing a grade, a certification from the institution that the student satisfactorily participated in the activities of the courses as required. 14.3 If the Employee satisfactorily completes the course, he will be reimbursed for the additional 508 of the tuition cost for which he had obligated himself in the approved application. If the employee fails to satisfactorily complete the course, he will not be reimbursed. 14.4 The program will not reimburse the employee for the hours he spends in class, only for the tuition. 14.5 Expenses for which the employee is compensated under some other educational or assistance program, such as the GI bill, will not be covered. 14.6 The City will not pay tuition or other costs for those courses which are used to make the employee eligible for additional salary. 15.1 Holidays include New Year's Day, January 1; Washington and Lincoln's Birthday, the third Monday in February, Memorial Day, the last Monday in May, Independence Day July 4; Labor Day, the first Monday in September; Christopher Colunbus Day, the second Monday in October; Veteran's Day, November 11; Thanksgiving Day, the fourth Thursday in November; and Christmas Day, December 25; provided, When New Year's Day, January 1; or Independence Day, July 4; or Veteran's Day, November 11; or Christmas Day, December 25; falls on Sunday the following day shall be a holiday, and provided, when New Year's Day, January 1; or Independence Day, July 4; or Veteran's Day, November 11; or Christmas Day, December 25; falls �Z on Saturday, the preceding day shall be a holiday. 15.2 In addition to the holidays listed above, employees covered by this contract shall be entitled to two additional holidays designated by the City Council or the Department Head, for a total of eleven (11) holidays per year. ARTICLE %VI SICK LEAVE 16.1 Any employee who is unable to work because of sickness or injury may obtain a leave of absence upon notice to the City. Written verification of his condition by a competent medical authority may be required. Where the condition of the Employee is such that he is unable to act for himself, the Union may apply for such leave of absence in his behalf. Failure to notify the City subjects the Employee to appropriate discipline by the City. 16.2 Each employee of the City who has worked regularly for the City for a period not less.`fhan twelve (12) successive months is entitled to sick leave away from employment with pay. Sick leave pay shall be computed at the regular rate of pay to which such Employee is entitled. An Employee who has worked a minimum of twelve (12) months is entitled to one (1) day (11.3 bra.) sick leave for each month worked, cumulative to one hundred twenty (120) days of sick leave. After one hundred twenty (120) earned and unused days of sick leave have accumulated, one (1) day additional vacation shall be granted to an employee for every three (3) sick leave days earned and unused. The employee may elect, after ninety (90) earned and unused days of sick leave have accumulated, to receive one (1) day additional vacation for every three (3) sick leave days earned and unused. Sick leave days shall not accumulate beyond one hundred twenty (120). Before any sick leave compensation is paid, the City may request and is entitled to receive from any employee who has been absent more than three (3) days in succession, a certificate signed by a competent physician or other medical attendant certifying to the fact that the absence was in fact due to sickness and not otherwise. The City also reserves the right to have an examination made at any time of any person claiming absence by reason of sickness; such examination may be made when the City deans the same reasonably necessary to verify the sickness claimed, and may be made in behalf of the City by any competent person designated by the City. P: 17.1 Any full time City employee who has been employed by the City at least six (6) months, injured on his regular job, shall be entitled to full pay up to a period of ninety (90) days while he is absent from work by reason of such injury and his accrued sick leave will not be charged until after and beginning with the ninety -first (91st) day of absence from work by reason of such injury; provided, however, the amount of any compensation shall be reduced by any payment received by the injured employee from worker's compensation insurance. An employee who claims an absence from work due to an injury sustained on his regular job is subject to an examination to be made in behalf of the City by a person competent to perform the same and as is designated by the City. 103 104 ;-4%1 • V1 18.1 All newly hired or rehired employees will serve a six (6) month probationary period. 19.1 In case of death occurring in the immediate family of an employee, such an employee may be excused from work for up to three days with additional time off granted by the City Manager if additional time is needed. This time off shall not subject the employee to loss of pay. For this purpose, members of the immediate family of the employee are considered to be the following; spouse, child (natural or adopted) , parent, grandparent, brother, sister, mother - in-law, or father -in -law. ARTICLE XX JULY PAY 20.1 It shall be understood and agreed that the City shall pay all regular full time employees serving on any jury the difference in salary between jury pay and his regular salary or pay while in such service. 20.1 The City shall provide a uniform clothing allowance for Fire Fighters of $242 per year for the year 1982 and $263 in 1983, said allowance to be paid in cash in January of each year. 21.1 The EMPLOYER will contribute up to a maximum of $105.00 per month per employee towards health, life and long term disability insurance during the year 1982 and $115 per month during the year 1983. ARTICLE MCIII RAM OF PAY 23.1 Firefighters First six months After six months After 1 1/2 years After 2 1/2 years After 3 1/2 years 23.2 Fire Captain X982 $1,632.47 per month $1,681.44 per month $1,808.69 per month $1,902.91 per month $2,003.27 per month $2,131.76 per month - 11 - 1.983. To Be Negotiated To Be Negotiated To Be Negotiated To Be Negotiated To Be Negotiated To Be Negotiated d .:.r • .�A ►' . �.0 4Y 1I,", a *;','0 0 VJ c� }A'1 24.1 Incentive pay will be paid over and above the standard base rate or going rate for Employees hired prior to January 1, 1974 according to the following schedule, provided employees have made demonstratable progress towards improving their proficiency for their particular job title or job assignment. After 5 years of service After 10 years of service After 15 years of service 1982,4w19Q3 $24 $48 $72 25.1 For Firefighters hired after January 1, 1974 the City will pay for education credits earned at an accredited institution of higher learning at the rate of $.40 per quarter credit starting with the ninety -first (91st) quarter credit up to a maximum of one hundred eighty (180) credits or a maximum of $36.00 per month. All courses taken must be approved by the Employer. No Firefighter hired after January 1, 1974 will be eligible for payments under ARTICLE XXIV. No Firefighter will draw both additional incentive pay under ARTICLE XXIV, and pay for education credit. Employees will not be eligible for education credits during their six (6) month probationary period. A determination of the number of credits an employee is eligible for will be made on December 1 of the previous year. Credits earned during the year will not be counted until the succeeding year. The City will not pay tuition for courses that the Employee will later be paid for as noted above. 26.1 For all employees hired prior to January 1, 1978, the severence pay policy shall be as follows: Any Employee with forty -eight (48) or more consecutive months of employment will receive severance pay in cash based on one -and- one -half (1 1/2) days for each twelve (12) consecutive months worked, but not to exceed thirty (30) days of the same. 26.2 For all employees hired after January 1, 1978, the severance pay policy shall be as follows: An employee with forty -eight (48) or more consecutive months of employment will receive severance gay in cash based on one and one -half (1 1/2) days of severance pay for each twelve consecutive months worked. The amount of severance pay due an employee shall not exceed one -third (1/3) of their unused sick leave. - 12 - 105 106 ,-4"6—]- x 1 27.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the, extent inconsistent with the provisions of this AGREEMENT, are hereby superseded. 27.2 The parties mutually acknowledge that during the negotiations which resulted in this AGREffMU, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this AGREEMENT for the stipulated duration of this AGREEMENT. The EMPLOYER and the UNION each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this AGREEMENT or with respect to any term or condition of employment not specifically referred to or covered by this AGRE34IMF even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed. AR' = XMII This AGRE94MT shall be effective as of January It 1982, except as herein noted, and shall remain in full force and effect until the thirty -first day of December, 1983, except that wages for 1983 shall be negotiated at a later date. In witness whereof, the parties hereto have executed this AGREEMENT on this 12th day of July, 1982. 1•+' ke;00114 FOOW011 • GARY E. LARSM 1 } i ti • V'✓ I hereby reed to the City Council approval of this agreement. SID IMM - DIRB'T2, CRRM SEMCES R. ATI]RICH - Cam, FIRE fIBPA[i' - 14 - 10+7