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RES 1971-48 - 0000867284 4 RESOLUTION NO. 48 -1971 ESTABLISHING WORKING CONDITION'S, WAGES AND HOURS OF EMPLOYEES OF THE CITY OF FRIDLEY FIRE DEPARTMENT WHEREAS, International Association of Fire Fighters Local No. 1986, as bargaining representative of the Employees 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; NOW THEREFORE, BE IT RESOLVED, by the City Council that the following conditions of employment for the employees of the Fridley Fire Department are adopted and placed in effect, to wit: ARTICLE I f PURPOSE Section 1. The purpose of this resolution is: a. To establish certain rules, regulations, hours, wages and other conditions of employment for employees of the Fire Department as agreed to by the City of Fridley, hereinafter called the Employer, and International Association of Fire Fighters Local No. 1986, hereinafter called the Union. b. To establish procedures for the resolution of disputes concerning the provision of this resolution and /or application. Section 2. The Mayor and City Manager are hereby authorized to enter into an agreement with the Union concerning conditions of employment for employees of the Fire Department as set forth in this resolution. ARTICLE II Employer Authority Section 1. The Employer has and retains the sole right and responsibility to administer the Fire Department to meet the obligations established by Federal and State Law, City Charter or City Ordinances. Such right and responsibility is limited only to the extent specifically modified by this agreement. Section 2. The Employer and the Union agree that certain hours, wages and conditions of employment are established by City Ordinance or Resolution, Management Memorandum and Department Policy. This Agreement supple- ments such hours, wages, and other conditions of employment to the extent to which they are not in conflict. If in conflict, thelaw, ordinance, resolution or regulation shall prevail. I 85 f z.4_r. RESOLUTION NO. 48 -1971 PAGE 2 ARTICLE III SETTLEMENT OF DISPUTES Section 1. Grievances which arise during the period of employment of any Employee shall be handled in the following manner: Any claim of alleged violation of the provisions of this agreement, to be valid and to receive consideration, must be filed in writing by the Employee or his representative specifying the details of the alleged violation within ten (10) days after the regular pay day for the period in which the alleged violation occured. The grievance shall be submitted to a Committee of three, made up of the Union Steward and two other persons from the employee group. This Committee will screen the grievance and attempt to determine if a grievance exists, or if the problem stems fron insufficient information about a particular matter. If the Committee is unable to resolve the matter, the grievance will be forwarded to management. ARTICLE IV JOB STEWARD Section 1. The City acknowledges the right and privilege of the Union to designate a Job Steward to handle such Union business as may from time to time be delegated to the Job Steward by the Union Executive Board. ARTICLE V SENIORITY Section 1. The Employer hereby does recognize seniority rights to the extent that; a. Seniority will apply on all shift positions for the same labor category. b. Seniority will apply on vacations up to May 1st of each year. After May 1st, vacations will be on a first come, first served basis. Employee does not establish seniority rights until he shallhave worked a total of six (6) months. e . RESOLUTION NO., 48 -1971 PAGE 3 ARTICLE VI VACATIONS Section 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) workday of vacation for each month so worked. An Employee who has worked eighty -four (84) consecutive months is entitled to one and one -half (1z) workdays of vacation for each month worked beginning with the eighty -fifth (85th) month of consecutive employment. An Employee who has worked one hunded eighty (180) successive months is entitled to one and two- thirds (1 -2/3) workdays 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, and the vacations, unless otherwise provided, shall be taken each year during the months of April to and including the month of August. Section 2. Employees are not authorized to carry over from one year to the next more than S days of vacation over what the employee had at the end of the previous year, without express approval of his Department ?lead and the City Manager. Section 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 VII HOURS WORKED Section 1. The work week schedule for all employees of the Fire Department shall constitute a five day, sixty hour work week. The Department Head is responsible for scheduling and assigning the weekly work schedule. Section 2. The City claims the authority to schedule employees work. A normal work day for employees shall be 12 hours between 8:00 P. M. and 8 :00 A. M. The normal work week shall be Monday through Friday. I It is recognized by the parties that service to public may require the establish- ment of regular shifts for some employees on a daily, weekly, seasonal, or annual basis other than the 8:00 P. M. to 8:00 A. M shift. The employer will give advance , notice to the employees affected by the establishment of work days different than the normal employees' work day.I 87 4 RESOLUTION N0: 4B-1971 PAGE 4 In the event that work is required because unusual circumstances such as (but not limited to) fire, flood, snow, sleet, breakdown of municipal equip- ment 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 12 hours, however, each employee has an obligation to work overtime if requested unless unusual circumstances prevent him from doing so. 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. ARTICLE VIII OVERTIME Section 1. When an employee is called to perform duty after regular working hours, he shall receive pay computed at 1� times the regular pay, but not less in any event than an amount equal to two hours overtime. Provided, however, that such minimum amount shall not apply in the case of an employee who had not left the site of the work performed during regular working period, and such employee is directed to perform work for the City within one (1) hour of expiration of the regular working day or providing the employee is called to work early with no break service before his regularly scheduled work period starts, in which case the work performed is considered normal overtime for the period of time actually worked. When the assigned scheduled work day falls or are on Saturday or Sunday no overtime will be paid. ARTICLE IX EMPLOYEE EDUCATION PROGRALM Section 1. The Education Program in effect is as outlined in City of Fridley Memorandum No. 4 -1970 dated May 18, 1970 (attached) 88 RESOLUTION NO. 48 -1971 PAGE 5 ARTICLE X HOLIDAYS Section 1. Holidays include New Year's Day, January 1; Washington's 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 Columbus Day, the second Monday in October; Veterans Day, the fourth Monday in October; 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 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 Christmas Day, December 25; falls on Saturday, the preceding day shall be a holiday. ARTICLE XI NORMAL SICK LEAVE Section 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 verifi- cation 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. Section 2. 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 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 of 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 accumu- lated, 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 to:enty (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 ohen the City deems 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. RESOLUTION NO. 48 -1971 PAGE 6 ARTICLE XII INJURY ON SOB 89 may. Section 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 workmen'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. ARTICLE XIII DISCHARGE Section 1. Except as further provided, no employee will be disciplined, suspended or discharged without just cause. 0 ARTICLE XIV FUNERAL PAY Section 1. Funeral leave will be granted to full time employees up to a maximum of three days. Funeral leave is granted in case of deaths occurring in the immediate family. For this purpose immediate family is considered to be a spouse, child, parent, grandparent, brother or sister. ARTICLE XV JURY PAY Section 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. 90 RESOLUTION NO.' 48 -1971 PAGE 7 ARTICLE XVI HEALTH AND HOSPITAL INSURANCE Section 1. Regular full time Employees shall receive the same as other City Employees, which policy at the present time provides that the City pays for the Employee's Health and Hospital Insurance that the employee pays for dependent coverage. The City also provides life insurance equal to annual salary, with a maximum of $10,000. The City also provides additional AD&D insurance equal to salary, with a maximum of $10,000. Section 2. A representative from the employee group shall be included on a committee which makes recommendations on the content of specifi- cations for any new policy. Such recommendations are subject to Council approval. Section 1. ARTICLE XVII RATES OF PAY First six months $755.00 per month After six months 787.00 per month After 12 years 820.00 per month After 2' years 855.00 per month After 32 years 890.00 per month dollar amount ARTICLE XVIII After 15 years of service - 7z% of base salary rounded ADDITIONAL INCENTIVE PAY dollar Section 1. Incentive pay will be paid over and above the base rate of pay for employees according to the following schedule, providing employees have made demonstrable progress towards improving their proficiency for their particular job title or job assignment: After 5 years of service - 227 of base salary rounded down to the next lower dollar amount After 10 years of service - 5% of base salary rounded down to the next lower dollar amount After 15 years of service - 7z% of base salary rounded down to the next lower dollar amount 'J RESOLUTION NO.. 48 -1971 PAGE 8 ARTICLE )al Section 1. This Resolution shall be effective as of January 1, 1971, and shall remain in full force and effect until December 31, 1971. This Resolution shall be retroactive to January 1, 1971, in all respects except as herein noted. PASSED AND ADOPTED THIS 12TH DAY OF APR7T , 1971 BY THE CITY COUNCIL OF THE CITY OF FRIDLEY JACK 0. KIRF' `i, MAYOR ATTEST: MA VIN . BRLNSELL, CITY CLERK P 1 o The above Resolution seeting forth working conditions, wages and hours for employees employed by the City of Fridley Fire Department is acceptable to the members of the International Association of Firefighters Local 1986 International Association of Firefighters Local 1986 I recommend the City Council adopt the above Resolution setting forth working conditions, wages and hours for employees by the City of Fridley Fire Department. Marvin C. Brunsell, Acting City Manager