Layout 1

I N T E R N A T I O N A L A S S O C I A T I O N O F F I R E F I G H T E R S

Introduction ..........................................................................5

I. BOILER PLATE LANGUAGE

ulletin Board Space ............................................................6

Contracting Out ....................................................................6

Discipline and Discharge......................................................6

Discrimination (Non-) ........................................................7

Dues Checkoff........................................................................7

Evergreen Clause....................................................................8

Grievance Procedure ............................................................9

Management Rights ............................................................13

Personnel Records (Review Of) ........................................14

Personnel Reduction ..........................................................15

Preamble ..............................................................................17

Prevailing Rights/Maintenance of Benefits ......................17

Savings Clause......................................................................17

Seniority................................................................................18

Strike/Lockout......................................................................20

Successor Agreements ........................................................20

Union Activities ..................................................................20

Union Business ....................................................................21

Union Recognition..............................................................22

Union Security ....................................................................23

Waiver of Further Bargaining/Expressed Waiver ............24

II. ECONOMIC AND BENEFIT LANGUAGE

Call Back Pay........................................................................26

Compensation at Resignation or Retirement ..................26

Cost of Living Allowance....................................................26

Detail Pay..............................................................................27

DROP Retirement Plans ....................................................27

Educational Differential......................................................27

EMS ......................................................................................28

Fair Labor Standards Act ....................................................28

Compensatory Time

Paid Leave counted as hours worked

FIREPAC ..............................................................................29

Food Allowance ..................................................................30

Health Insurance..................................................................30

Holiday Pay/Leave ..............................................................38

Hours of Work ....................................................................39

Incentive Pay ........................................................................40

Bilingual ..............................................................40

Confined Space/Technical Rescue ....................40

Dive Team ............................................................41

Driver Pay ............................................................41

Education Differential........................................41

Associates Degree

Bachelors Degree

Masters Degree

Certificates

EMS ......................................................................42

EMT ................................................................43

Paramedic........................................................43

HazMat ................................................................43

USAR....................................................................44

Job Related Medical Leave of Absence ..............................44

Job Related Physician Visits................................................45

Legal ......................................................................................45

Life Insurance ......................................................................46

Longevity Pay ......................................................................47

Maintenance Allowance......................................................47

Mileage Allowance ..............................................................47

NFPA 1710............................................................................48

vertime ..............................................................................49

Paid Leave ............................................................................49

Blood Donor........................................................49

Compassionate....................................................49

Court ....................................................................50

Educational..........................................................50

Jury Duty..............................................................51

Maternity ............................................................51

Military ................................................................52

Parental (FMLA) ................................................53

Paternity ..............................................................53

Sick........................................................................55

Vacation................................................................57

Voting ..................................................................58

Parity With Police ................................................................59

Pension and Retirement......................................................59

Promotion ............................................................................61

Rank for Rank Overtime ....................................................64

Salary Progression

Section 125 Plan

Severance Pay at Layoff or Dismissal ................................65

Shift Differential ..................................................................65

Sick Leave Incentive ............................................................66

Staffing ................................................................................66

Tuition Reimbursement......................................................67

Uniform Allowance ............................................................68

Working Out-Of-Classification ........................................69

III. MISCELLANEOUS LANGUAGE

ADA/ADEA Language........................................................70

Contagious Disease ............................................................70

Drug/Alcohol Testing ........................................................70

Employee Assistance Program ..........................................73

Extreme Weather ................................................................74

Health and Safety Committees ..........................................75

IAFF Financial Corporation (Deferred Comp) ..............78

Labor/Management Committees......................................78

Light Duty Assignment ......................................................79

Outside Employment..........................................................81

Parking..................................................................................81

Polygraphs ............................................................................81

Presumptive Language........................................................82

Printing and Supplying Agreement ..................................82

Residency Requirements ....................................................82

Rest Periods ..........................................................................83

Shift Exchange......................................................................83

Smoking Policies..................................................................84

Station Maintenance ..........................................................84

Transfers................................................................................85

Turnouts ..............................................................................86

Unpaid Leave of Absence....................................................87

Vacancies (Filling Of)..........................................................88

Volunteering ........................................................................88

Wellness-Fitness Initiative ..................................................89

GLOSSARY ..........................................................................90

IAFF Model Contract Language Manual

T A B L E O F C O N T E N T S

he negotiation of the terms and conditions of employ-

ment is the application of democratic principles in the

workplace. Collective bargaining is a rational and ap-

propriate means for Fire Fighters to participate in the decision

aking process regarding their hours, wages and working con-

ditions. The culmination of this process is the written

agreement which formalizes the intentions and understandings

between management and labor during the negotiating process.

The intention of this manual is to provide actual examples of

contract language extracted from IAFF local union agreements

to assist IAFF affiliates in preparing their contract proposals

and drafting collective bargaining agreements. Sample language

contained within this book is broken down into three cate-

gories: (1) boiler plate language (2) economic and benefit

language and (3) miscellaneous language. Boiler plate language

may be defined as language which ensures the individual em-

ployee protection by the continuing existence of the union.

Such language is inclusive, but not limited to issues such as:

dues checkoff; seniority; union recognition; grievance proce-

dure; savings clause and union activity provisions. Economic

and benefit language may be defined as language which ad-

dresses benefits to be received by employees. Such language is

inclusive, but not limited to issues such as: health insurance;

hours of work; overtime; and paid leave. Miscellaneous lan-

guage may be defined as language which addresses employee

working conditions. Such language is inclusive, but not limited

to issues such as: ADA/ADEA; drug testing; labor-management

committees; and shift exchange.

n addition to actual examples of contract language, we have

also incorporated model contract language developed by the

IAFF where applicable. It should be noted that the model lan-

guage is a starting point during the negotiating process and the

“finished product” will most likely resemble the actual exam-

ples provided in this manual.

It is not the intention of this book to advocate the verbatim use

of the attached contract language. Rather, it is intended to pro-

vide a tool for developing and adapting language to suit the

local’s need. It is necessary to check applicable laws to ensure

contract language is in compliance with any state or local col-

lective bargaining statutes.

When the Employer and the Union have arrived upon mutually

acceptable provisions, the final clauses should reflect the un-

derstanding reached at the table with language in clear,

non-legal and non-technical terms meant to accomplish the

intent of the parties. Many disputes arise during the life of an

agreement because the language did not clearly express the in-

tent of the parties.

Introduction

BULLETIN BOARD SPACE

Bulletin Board clauses are negotiated so that pertinent infor-

ation about the union (meetings, conferences, changes in

working conditions impacting union employees, etc.) can be

circulated in an efficient manner.

Model contract language:

The Employer shall provide (amount) of space on bulletin

boards for the use of the Union in the fire house at convenient

locations accessible to employees.

Provided below are three sample bulletin board space clauses:

 Clause 1:

The City agrees to install notice boards for the sole use of the

Association, in suitable locations easily accessible to the em-

ployees for the purpose of posting notices of interest to the

Association.

 Clause 2:

The Union shall be permitted to maintain, at each station house,

one bulletin board to be used exclusively for union business. In

those stations where two bulletin boards presently exist, the City

will give one to the Union, or where feasible, the City will per-

mit the Union to utilize an area of an existing bulletin board for

union business. The bargaining unit shall purchase additional

bulletin boards at its expense which it deems necessary.

 Clause 3:

The Employer will maintain suitable bulletin boards in each

fire station which may be used by the Union for information

concerning union activities.

CONTRACTING OUT

Contracting out clauses are negotiated to ensure job security

for union members. Contracting out clauses generally provide

for notice of contracting out, a ban on contracting out beyond

the current practice, or a total ban on any contracting out.

Model contract language:

1. The Employer shall not contract out bargaining unit work.

2. The Employer shall not contract out bargaining unit work

beyond that which is currently contracted out.

3. The Employer shall not contract out work if there are em-

ployees at work or on layoff who can perform the work in

question.

Provided below are three sample contracting out clauses:

 Clause 1:

Except where an emergency situation exists, during the term of

this Memorandum, the City will not contract out work

presently performed exclusively by Bargaining Unit employees

without advance written notice to the Union where it is prac-

ticable to do so and, if it would result in a displacement of em-

ployees, with full discussion, if requested, of the impact of such

decision on Bargaining Unit employees. It is understood that

otice and discussion of the impact of any subcontracting de-

cision shall not delay implementation of the decision to

subcontract, even though discussion of the impact may still be

pending or ongoing.

While studies may constantly take place, the City, at this time,

has no formulated plans for the additional contracting out that

would cause the displacement of Bargaining Unit employees.

It remains that the City’s general policy to utilize bargaining

unit employees to perform work they are qualified to perform.

 Clause 2:

The City agrees that Fire Suppression functions shall not be

contracted out to private companies.

 Clause 3:

The Village of ________ agrees that effective upon the signing

of this Agreement, in no event shall the Village contract or sub-

contract out for the provisions of any services currently

performed by members of the bargaining unit, including but

not limited to fire suppression, fire inspections, fire investiga-

tions, fire public education, and emergency medical services

during the term of this Agreement.

DISCIPLINE AND DISCHARGE

The right to discipline and discharge an employee is consid-

ered to be a management prerogative. Contract language on

discipline and discharge ensures however that due process and

rights of the employees are defined in order to provide protec-

tion against arbitrary actions by the Employer.

Model contract language:

No employee shall be disciplined or discharged without just

cause.

A hearing shall be held to investigate the charges prior to the

imposition of discipline or discharge. At least _____ days be-

fore the hearing, the employee and Union shall be notified in

writing of the charges, and the time and place of the hearing.

The employee shall have the right to be accompanied and rep-

resented by the Union and/or legal counsel.

The employee and Union shall be entitled to a copy of the

transcript from the hearing at no cost.

Failure to conform with the requirements of this clause shall

render the discipline or discharge null and void.

Provided below are three sample discipline and discharge

clauses:

 Clause 1:

The City shall not discipline or dismiss any permanent employee

bound by this Agreement except for just cause and the only ex-

Boiler Plate Language

eption to this provision shall apply to a probationary employee

who has not been appointed as a permanent employee.

 Clause 2:

It is agreed that the Fire Department has the right to discipline

r discharge employees for just cause. Disciplinary matters

shall be subject to the grievance procedure, including binding

arbitration.

 Clause 3:

Section 1. During the first three (3) months of their employ-

ment with the Fire Department, all employees are

considered to be probationary, meaning in part that

they are subject to discipline, up to and including

dismissal, without recourse to the Grievance and Ar-

bitration process.

Section 2. The following is a non-exclusive list of cause which

shall be deemed just reasons for severance of the em-

ployment relationship:

 Drinking or being under the influence of intoxicants, nar-

cotics, controlled substances or hallucinogens during duty

hours.

 Dishonesty.

 Fighting on duty.

 Willful violation of a publicized employment rule or regula-

tion.

 Insubordination.

 Failure to abide by prescribed standards as to personal ap-

pearance.

 Habitual tardiness.

Section 3. Discipline shall be accomplished in a constructive,

progressive manner, so as to rehabilitate and correct

an offender, if at all possible.

Section 4. The types of disciplinary actions that may be taken

will include documented verbal counseling, written

reprimand, suspension with pay, suspension with-

out pay, probation or termination. The type of

disciplinary action taken shall be consistent with the

severity of conduct and whether it is a repeat offense.

DISCRIMINATION

It is common for contracts to contain a clause prohibiting dis-

crimination by the Employer against the employee. Prohibited

grounds for discrimination may include race, religion, creed,

age, sex and marital status. The inclusion of this language also

creates another means for resolving discrimination through the

grievance procedure.

Model contract language:

The parties to this Agreement agree not to discriminate

against any employee because of race, color, creed, sex, na-

tional origin, marital status, or sexual orientation.

Provided below are three sample non-discrimination clauses:

 Clause 1:

The Employer and the Association accept their responsibility to

nsure non-discrimination in all aspects of employment for all

qualified persons regardless of race, creed, religion, color, na-

tional origin, age, mental and physical disability, sex, marital

status, family relationships, membership or non-membership

in the Association.

 Clause 2:

The provisions of this Agreement in accordance with applica-

ble Federal and State Laws shall be applied equally to all

employees without discrimination as to sex, marital status, race,

color, creed, national origin, age, religion, handicaps or politi-

cal affiliation, governed only by the limitation of the law

regarding bona fide occupational qualifications. The Union

shall share equally with the City the responsibility for applying

this provision of the agreement.

No department supervisor or representative of the City shall

discriminate against any employee because he or she has

formed, joined or chosen to be represented by the Union or be-

cause he or she has given testimony or taken part in any

grievance procedure or other hearings, negotiations or confer-

ences as part of the Union recognized under the terms of this

Agreement.

 Clause 3:

The parties to this Agreement agree that they shall not dis-

criminate against any employee because of race, creed, color,

sex, sexual orientation, national origin, age, physical or mental

disability.

DUES CHECKOFF

If dues checkoff is in place, the Employer deducts union dues

from the wages of employees. The money that is collected is re-

mitted to the union each month. An authorization form must

be completed by the employee in order for dues to be deducted

by the employer. Administrative costs for dues checkoff may be

paid by the Employer, the employees or paid jointly. Dues

checkoff should be contained within the collective bargaining

agreement to ensure that the process continues in the absence

or modification of a state law on dues checkoff.

Model contract language:

The Employer agrees to deduct, once each month, dues and

assessments in an amount certified to be current by the Sec-

retary-Treasurer of the Local Union from the pay of those

employees who individually request in writing that such de-

ductions be made. The total amount of deductions shall be

remitted each month by the Employer to the Treasurer of the

Union.

Provided below are three sample dues checkoff clauses:

 Clause 1:

Upon receipt of a lawfully executed written authorization form

from an employee (the form now in use which is approved by

the County), the County agrees to deduct the regular union

dues of such employee from his/her bi-weekly pay and remit

such deductions to the duly elected Treasurer of the Union

within ten (10) working days from the date of the deduction.

The Union will notify the County in writing ____ days prior to

any change in the regular union dues structure.

n employee may, at any time, on forms provided by the Union

(approved by the County), revoke his/her union dues and de-

duction and shall submit such revocation form to the County

with a copy of such revocation form to the Union. The County

shall only stop Union dues deductions on the first pay period

n each calendar month.

The Union agrees to indemnify and hold the County harmless

against any and all claims, suits, orders, and judgments brought

and issued against the County as a result of any action taken

or not taken by the County under the provisions of this

Article.

 Clause 2:

It is agreed that union dues and such other deductions as may

be properly requested and lawfully permitted shall be deducted,

in accordance with the provisions of applicable State law,

monthly by Management from the salary of each employee

covered hereby who files with the County a written authoriza-

tion requesting that such deduction be made.

Remittance of the aggregate amount of all dues and other

proper deductions made from the salaries of employees cov-

ered hereunder shall be made to the Union by Management

within ____ working days after the conclusion of the month in

which said dues and deductions were deducted.

 Clause 3:

The City shall, at no expense to the Union, deduct union dues

weekly upon receipt of authorization of members of Local ____

who sign lawful deduction form cards to be supplied by the

Local, and members must continue to pay dues for the duration

of this Contract. Authorization of dues deduction by a mem-

ber of the Union may be revoked by ____ days’ notice, in

writing, to the City Controller and to the Secretary-Treasurer of

the Union such deductions in each month following the month

of deduction. Dues deducted shall be forwarded by the City to

the Secretary-Treasurer of the Union.

The Union agrees to indemnify the City and hold it harmless

for any and all claims, liabilities, and costs incurred by the City

as a result of the City’s compliance with this Article, provided

that this indemnification by the Union shall not apply in the

event of the City’s noncompliance with this Article.

DURATION

A contract clause on duration is important because it specifies

the term of the Agreement.

Model contract language:

This Agreement shall be effective as of the _____ day of _____,

20__, and shall remain in full force and effect until the _____

day of _____, 20__ . It shall automatically be renewed from

year to year thereafter, unless either party shall have notified

the other in writing, at least _____ days prior to the anniver-

sary date that it desires to modify the Agreement.

Provided below are three sample duration clauses:

 Clause 1:

Except as this Agreement shall otherwise provide, it shall be-

ome effective upon passage by the City Council of the City of

_________ and shall commence January 1, 20___, and con-

tinue in effect until December 31, 20___. This Agreement shall

continue in full force and effect until superseded by another

Agreement provided both sides mutually agree.

 Clause 2:

This Agreement becomes effective as of January 1, 20___, and

shall remain in full force until December 31, 20__. It shall be

automatically extended for successive 1 year periods, unless ei-

ther party shall give the other written notice not later than July

1 in the year of expiration of its desire to terminate, modify,

amend or change the Agreement for the subsequent year. The

notice to modify shall specify the Articles that will be subject to

negotiation. Negotiations will be handled in accordance with

the Guidelines for City’s Relationships with Unions.

 Clause 3:

This Agreement shall be effective as of the 1st day of January

20__, and shall be binding upon the City and the Union and

shall continue in full force and effect until midnight June 30,

20___.

EVERGREEN CLAUSE

Evergreen clauses ensure that the current Agreement will re-

main in full force and effect during negotiations for a new

Agreement.

Provided below are three sample evergreen clauses:

 Clause 1:

This Agreement will automatically be renewed for one (1) year

periods after the initial term, unless either party gives to the

other party written notice of intention to terminate or modify

the Agreement one hundred and fifty (150) days prior to its ter-

mination date. However, the non-compensation provisions of

this Agreement shall be considered automatically opened in the

event that one of the parties provides the applicable statutory

notice that it is seeking to terminate or modify the compensa-

tion provisions of this Agreement.

In the event that Local ___ serves upon the ______ Govern-

ment a timely notice to modify the provisions of this

Agreement, but the parties have not negotiated a successor con-

tract as of the expiration date of this Agreement, it is hereby

agreed that all of the provisions of this Agreement shall remain

in full force and effect until a successor agreement is achieved

through collective bargaining or through the applicable “im-

passe” resolution procedures of the ____ Government

Comprehensive Merit Personnel Act.

 Clause 2:

This Agreement shall be effective as of the first day of July, 20__

or upon execution, except as otherwise noted in the Agreement,

and shall remain in full force and effect until the 30th day of

June, 20__. It shall be automatically renewed from year to year

thereafter unless either party shall notify the other in writing

not later than March 1 prior to the date of termination that it

wishes to terminate or modify this Agreement for any reason.

Notification of intent to modify shall include the substance of

the modifications desired. In the event that such notice is given,

those provisions not reopened shall automatically renew from

ear to year. Negotiations shall begin not later than March 15.

This Agreement shall remain in full force and effect during the

period of negotiations.

 Clause 3:

f no agreement is reached by __________, this Agreement

shall remain in effect until a new agreement is reached.

GRIEVANCE PROCEDURE

The purpose of a grievance procedure is to provide a framework

for the fair and orderly adjustment of grievances. The purpose

of a grievance clause is to bring Management and the Union to-

gether in an effort to resolve disputed matters. In order to

expedite grievances it is necessary to have a grievance procedure

with time limits and a series of steps within the grievance pro-

cedure which involves progressively higher levels of Union and

Management representatives. In addition, a successful grievance

procedure should have a final step which is final and binding.

Model contract language:

Grievances or disputes which may arise, including the inter-

pretation of this Agreement, shall be settled in the following

manner:

Step 1. The employee concerned may, in the presence of a rep-

resentative of the Union, submit a grievance in writing

to the employee’s immediate supervisor. The supervi-

sor shall attempt to adjust the grievance at that time

and render a written decision within _______ working

days.

Step 2. If the grievance is not settled at Step 1, the grievance

shall be submitted to the Fire Chief within ____work-

ing days who shall render a written decision within

_____working days after the receipt of the grievance.

Step 3. If the grievance is not settled at Step 2, the grievance

shall be submitted within ______ working days to the

(Personnel Director, City Manager, City Council, etc.)

who shall render a written decision within _____ work-

ing days after the receipt of the grievance.

Step 4. If the grievance is not settled at Step 3, the grievance

shall be submitted to arbitration by either of the par-

ties upon notice to the other party.

Step 5. (Select the appropriate phrase[s].)

A. An impartial arbitrator shall be selected from a panel

supplied by the American Arbitration Association or

Federal Mediation and Conciliation Service upon the

request of either party. The parties shall, within five (5)

working days of receipt of the panel, make a selection

of an arbitrator. In the event the parties cannot agree,

the American Arbitration Association or the Federal

Mediation Conciliation Service shall render a decision

within thirty (30) working days after the case has been

heard. The decision of the arbitrator will be final and

binding upon both parties.

. The Arbitration Board shall consist of a representative of

the Employer, a representative of the Union and a repre-

sentative appointed by the (Director of the State

Department of Labor and Industries, or Minister of Labour

of the Provinces or other appropriate agency). A majority

f the Board shall constitute a quorum.

C. The Arbitration Board shall consist of:

1. Appointee of the Employer.

2. Appointee of the Union.

3. The above two appointees shall select the third member of

the Arbitration Board who shall be the Chairman. Failing

to reach an agreement, within _____ working days as to who

the Chairman shall be, the matter shall be referred to

_______________ who shall make the appointment of the

Chairman of the Arbitration Board within ______ working

days.

D. The majority of the Arbitration Board shall render a deci-

sion and failing to reach a majority, the decision of the

Chairman shall prevail.

E. The findings of the Arbitration Board shall be final and

binding upon both parties.

F. The arbitrator’s expenses and compensation shall be borne

equally by both parties.

G. If the Employer does not respond within the prescribed

time limits, the grievance shall be settled in favor of the

grievant.

H. The expenses and compensation of the arbitrators selected

by the parties shall be borne by the respective parties, and

the expenses and compensation of the Chairman of the

Board of Arbitration shall be borne equally between the

parties.

Provided below are three sample grievance procedure clauses:

 Clause 1:

(A) Definition - A grievance is a complaint, dispute or contro-

versy in which it is claimed that either party has failed in an

obligation under this Agreement and which involves the

meaning, interpretation or application of this Agreement.

(B) Both parties agree that all grievances should be dealt with

promptly and every effort should be made to settle

grievances as close to the source as possible.

Should the City fail to comply with the time limits herein,

the Union may appeal immediately to the next step. Should

the Union fail to comply with the time limits herein, the

grievance shall be considered abandoned. Time limits may

be extended by mutual consent.

days, Sundays and legal holidays, for the purpose of this

Article. The following procedure shall be utilized when a

grievance is initiated by an employee, a group of employ-

ees, or the Union:

tep 1: A grievance must be presented orally to the appropriate

immediate supervisor within ____ working days of oc-

currence or within ___ days after it has become known

to the employee. The supervisor shall have ____ days

following such presentation to submit his/her oral re-

ponse. The employee shall be accompanied by a union

representative if he/she so requests.

Step 2: If the grievance is not settled at the first step, the Union

or the aggrieved may reduce the grievance to writing.

The written grievance must be presented to the District

Chief within ___ working days after receipt of the Step

1 answer. The District Chief shall reply in writing within

___ working days after receipt of the written grievance.

Step 3: If the grievance is not settled at Step 2, the Union may

appeal in writing to the Fire Chief. Such appeal must be

submitted within ___ days after receipt of Step 2 reply.

The Fire Chief or his/her designee shall reply in writing

within ___ working days after receipt of the appeal.

Step 4: If the grievance is not settled at Step 3, the Union may

appeal in writing to the Deputy Mayor for Labor Rela-

tions. Such appeal must be submitted within _____ days

after receipt of the Step 3 reply. The Deputy Mayor or

his/her designated representative shall meet within ___

calendar days with the Union to attempt to resolve the

grievance. The Deputy Mayor shall reply to the Union

in writing within ___ days following such meeting.

Step 5: If the grievance is not resolved at Step 4, either party

may within ___ days after the decision of the Deputy

Mayor, certify in writing to the other party its intent to

submit the grievance to arbitration.

(D) Any time limits herein may be extendedby mutual agreement.

(E) Arbitration

(1) Selection

The parties shall have ____ working days to select an arbi-

trator by mutual agreement. If such agreement is not

reached, a joint request shall be made to the Federal Medi-

ation and Conciliation Service to submit a panel of ___

arbitrators to both parties. The parties shall meet within

___ days of receipt of said list for the purpose of selecting

the arbitrator by alternately striking names from the list

until one (1) name remains. The last remaining name shall

be the arbitrator.

(2) Hearing Time

The arbitrator shall schedule a hearing within ____ days

of notification at a time and place convenient to the parties.

(3) Jurisdiction

The arbitrator shall be expressly limited to the meaning,

intent, or application of the provisions of this Agreement.

He/she shall have no power to add to, detract from, or alter

in any way the provisions of this Agreement.

(4) Binding on both parties

The decision of the arbitrator shall be in writing and bind-

ing on both parties.

(

5) Cost Sharing

All expenses involved in the arbitration proceedings shall

be equally shared between both parties. However, expenses

relating to the calling of witnesses or the obtaining of dep-

ositions shall be borne by the party at whose request such

itnesses or depositions are required.

 Clause 2:

Step 1. (a) Informal discussion. The bargaining unit member

or the Union representative may present the grievance

orally to the immediate supervisor within ____ calendar

days from such time as the bargaining unit member or

the Union should reasonably have been aware of the oc-

currence of the incident giving rise to the grievance. The

supervisor shall provide his/her response within ____

calendar days following the informal discussion.

(b) Formal submission. Should the grievance remain un-

resolved, the bargaining unit member or Union

representative may submit the grievance, in writing, to

the Chief, or his or her designated uniformed represen-

tative. The formal submission shall be made within ____

calendar days of the supervisor’s response to the infor-

mal presentation of the grievance, or, if no response is

received, at the conclusion of the ____ day period pro-

vided for informal discussion. If the grievance is not

submitted within these timeliness, the grievance shall be

considered resolved. The grievance shall state the spe-

cific Section of the Memorandum of Understanding, the

Personnel Rules, or Departmental Rules alleged to be vi-

olated, or the disciplinary action taken, and the proposed

solution. The Chief, or his or her designated uniformed

representative, shall render a decision in writing to the

bargaining unit member and/or Union within ____ cal-

endar days of receipt of the formal submission of the

grievance. Copies of all written grievances filed by em-

ployees shall be provided to the Union within a period

not to exceed ____ calendar days. Copies of responses

thereto shall also be provided to the Union.

Step 2. Appeal to Department Head. Should the grievance re-

main unresolved, the bargaining unit member or Union

representative may, within ____ calendar days after

receipt of the Deputy Chief’s decision, submit the griev-

ance in writing to the Fire Chief. The Fire Chief (or

designated sworn uniformed representative) shall

respond to the grievance in writing within ____

calendar days after receipt of the grievance.

It is understood that nothing shall preclude the Union

from presenting a grievance to the Fire Chief if it is

deemed that such action is warranted by the nature or

circumstances of the grievance.

Step 3. Bargaining Unit Member Relations Officer - Union

Representative. Except for a grievance concerning a

verbal or written reprimand which may not be ap-

pealed beyond Step Two of this procedure, should the

grievance remain unresolved, the bargaining unit

member or Union representative may, within ____

calendar days after receipt of the department head re-

sponse, submit the grievance in writing to the

Employee Relations Officer. The Employee Relations

fficer, or a designated representative, shall investi-

gate the case and either respond to the grievance in

writing within ____calendar days of receipt of the

grievance or meet with the bargaining unit member

and/or assigned Union representative within ____ cal-

ndar days of submission and attempt to resolve the

dispute.

Step 4. Conflict Resolution Team Process.

The City and the

Union encourage the grievant and the city to partici-

pate in the Joint City-Local ____ conflict resolution

process. If mutually requested or agreed upon by the

grievant and the city, the conflict resolution team (CRT)

shall schedule a conflict resolution meeting. The Union

shall appoint two members of the conflict resolution

team, the Office of Personnel shall appoint one member

of the conflict resolution team, and the Department

shall appoint one member. The CRT shall work with

the grievant and the City in an attempt to resolve the

grievance or disciplinary matter. While the CRT is

meeting with the grievant and the City, the Union and

the City may agree to extend applicable time limits. The

CRT may request the assignment of a mediator from

the State Conciliation and Mediation Service.

Step 5. Civil Service Board - Arbitration. Should the grievance

remain unresolved, either the City or the Union

may, within ____ calendar days of said meeting

submit the grievance to an impartial arbitrator

who shall be selected by mutual agreement.

If the grievance concerns a disciplinary discharge or dis-

ciplinary action, the bargaining unit member or Union

may elect to submit such grievance to the Civil Service

Board, or the Union may elect to submit the grievance

to arbitration, but only one such avenue of redress may

be selected. Provided, however, that in accordance with

the Civil Service Rules, disciplinary action can be ap-

pealed to the Civil Service Board only in the case of

suspension, fine or discharge. The Civil Service Board

may elect to use a Hearing Officer for such appeals.

In the event that the bargaining unit member or Union

representative elects to submit such grievance to

the Civil Service Board, the filing of the written

grievance in accordance with Step 1(b) above shall

satisfy the requirement of the Personnel Ordinance

that the employee shall give notice of intent to

appeal a discharge or disciplinary action.

If arbitration is selected, it is agreed that the decision of

the arbitrator shall be final and binding on all parties

and that the arbitrator’s fees shall be borne equally by

the parties. The arbitrator shall have no power to add

to or subtract from the provisions of this Agreement,

the Personnel Rules, or Departmental Rules.

Time limits. Time limits prescribed in Section 2 above

may be extended by mutual agreement of the parties.

Failure by the employee or the Union to follow time

limits, unless so extended, shall nullify the grievance.

Failure by the City to follow the time limits, unless so

odified, shall cause the grievance to move to Step 2 or

Step 3, whichever is the next level.

Consolidation.

Concurrent grievances alleging violation

of the same provision shall be consolidated for the pur-

ose of this procedure as a single grievance.

Consolidated Grievance and Interest Arbitration.

When

a grievance is filed and the following occurs: (1) the

matter goes to a grievance arbitration; (2) the arbitrator

determines that the dispute in question is not otherwise

covered by the Agreement; but (3) the matter is subject

to interest arbitration, then the arbitrator shall have the

same authority as if selected as the neutral arbitrator

under the provisions for mediation/arbitration. The ar-

bitrator shall conduct “mediation/arbitration” and

follow the provision outlined within the City Charter.

Immediate Dispute Resolution. In the event there is a

dispute regarding the interpretation or application of

this Agreement that imminently affects the City’s inter-

ests, the Union, or a substantial number of members

represented by the Union, either the City or the Union

may request suspension of the grievance process as de-

scribed in Section 10.3 of this Article and proceed to

immediate resolution discussions with the Fire Chief,

the Employee Relations Officer, and a Union represen-

tative. Such discussions shall be concluded within ____

days of the date of the initial request for same and

the action which prompted the request for immediate

dispute resolution shall be stayed, pending discus-

sion/conclusion.

Should the dispute still not be resolved, it may be sub-

mitted directly to an arbitrator selected in accordance

with the procedure detailed below.

An arbitrator to hear such case shall be selected by the

parties from a panel of ___ professional neutral arbi-

trators, ___ submitted by each party when proceeding

to arbitration pursuant to this Section. The first arbi-

trator, selected at random, available within a forty-eight

(48) hour period shall be selected.

In any such case the arbitrator shall have no power to

add to or to subtract from the provisions of this Agree-

ment, the Personnel Rules, or departmental rules or

orders in rendering his/her award. Pending prompt and

immediate decision of the arbitrator, the stay of

intended action giving rise to the dispute shall continue

in effect.

It is expressly understood and agreed that the provisions

of this Section shall not be invoked for actions involv-

ing individual bargaining unit disciplinary actions or

grievances.

 Clause 3:

Section 1. Scope of Grievance Procedure. Any disputes or griev-

ances which may arise between the City and the Union or an

individual employee shall be resolved as provided in the fol-

lowing grievance procedure, excepting only those disputes

remaining within the jurisdiction of the Civil Service Com-

ission as created by Chapter ____ or Article ___ of this

contract.

Section 2. Right to Present Grievance; Union Presentation

. Any

employee may present a grievance to the City on a form pro-

ided by the City and such grievance will be processed in

accordance with the grievance procedure outlined herein.

When requested by the employee and agreed to by the Union,

the Union may represent and act for the aggrieved employee at

all levels of the grievance procedure.

Class Action Grievances. Grievances affecting two (2) or more

members of the bargaining unit shall also be processed in ac-

cordance with the procedure outlined herein.

Section 3. Procedure for handling grievances.

Step 1. Within ____ days of the incident giving rise to the

grievance, or within ___ days of constructive knowledge

of the event the employee shall file a written grievance

with the Fire Chief. The written grievance shall be filed

on the Grievance Form provided by the City and shall

contain the following information:

(1) A statement of the grievance and the facts upon

which it is based;

(2) Shall point out the provisions of the agreement con-

sidered applicable or alleged to have been violated, if

any; and where prevailing rights or a past practice is

a basis of the grievance, the specific right or practice

must be identified;

(3) Shall state the remedy or adjustment sought; and

(4) Shall be signed by the aggrieved employee.

The Fire Chief or Deputy Chief shall meet with the em-

ployee, discuss the grievance, and shall respond in writing

within ____ calendar days after receiving the grievance.

The written response at this step, and the management

responses at all steps thereafter, shall contain the follow-

ing information:

An acceptance or rejection of the facts upon which the

grievance is based;

An explanation of the provisions of the agreement con-

sidered applicable;

A statement of the remedy or adjustment, if any, to be

made;

The signature of the appropriate management represen-

tative.

Step 2. If the Fire Chief response at Step 1 is rejected, the griev-

ance shall be submitted to the Union Grievance

Committee within ____ calendar days of the Chief’s re-

sponse. If the Union Grievance Committee decides that

no grievance exists or that the Fire Chief’s response is

satisfactory, no further action is required and the Fire

Chief’s response shall be final and binding. If the Union

rievance Committee decides that a grievance does

exist and the response is unsatisfactory, it shall, within

____ calendar days of receiving the grievance, forward

the grievance to the City Manager at Step 3.

tep 3. If the grievance is submitted to Step 3, the City Man-

ager shall meet with the employee to discuss the

grievance and shall make a response within ____ calen-

dar days following the receipt of the grievance from the

Union Grievance Committee.

Section 4. Arbitration of Grievance.

A. If the grievance has not been resolved at Step 3, the Union

may request that the grievance be submitted to arbitration

within ____ days after receiving the City Manager’s response.

B. Mandatory arbitration: Upon request by the Union, arbitra-

tion is mandatory on the part of the City with regard to those

grievances or disputes involving the application, interpreta-

tion and enforcement of the terms of this Agreement and

which are limited to incidents involving individual employ-

ees or employee groups rather than matters affecting the

entire bargaining unit as a whole. The refusal to submit a dis-

pute to arbitration where arbitration is made mandatory by

this section, shall be deemed an action or omission pertain-

ing to the rights, duties and obligations provided by Article

_____, and the parties requesting arbitration shall be enti-

tled to the remedies allowed by Section ___ of that Act,

subject to judicial determination.

C. Voluntary arbitration. Any other disputes, including con-

tract interpretations on application as they might possibly

or otherwise affect the bargaining unit as a whole, may be

submitted to voluntary arbitration only upon the mutual

agreement of the City and the Union.

D. Arbitration Procedure: Within ___ business days after a re-

quest for mandatory arbitration or an agreement for

voluntary arbitration, the City and the Union shall meet to

begin the arbitration procedures provided herein.

(1) Expedited or conventional arbitration: Upon agreement be-

tween the City and the Union, such arbitration shall be

conducted according to the expedited labor arbitration rules

of the American Arbitration Association (AAA). In absence

of such an agreement, the arbitration shall be conducted ac-

cording to the conventional Voluntary Labor Arbitration

Rules of the AAA. Provided, however, in case of conflict be-

tween AAA rules and this Contract, the Contract shall control.

Choosing the arbitrator: A list of ____ qualified neutrals shall

be requested immediately from the American Arbitration As-

sociation. Within ____ business days after receipt of the list,

the Union and the City shall alternatively strike names from

the list and the last remaining name shall be the arbitrator.

(3) Various Rules Applicable to Arbitration Proceedings:

(a) The hearing on the arbitration shall be informal and the

strict rules of evidence or pleadings shall not apply. The ar-

bitrator shall not have the power to add to, subtract from,

r modify the applicable provisions of this agreement in ar-

riving at a decision on the issue or issues presented but shall

confine his/her decision to the interpretation, application

or enforcement of this Agreement as applicable to the facts

and circumstances presented. The arbitrator shall confine

imself/herself to the issues submitted for arbitration, and

shall have no authority to determine any issue not submit-

ted to him/her. The decision of the arbitrator shall be final

and binding upon the aggrieved employee, the Union and

the City, subject to judicial review as provided by Sec-

tion____ of the _______ Local Government Code.

(b) The parties, during arbitration hearings, shall have the fol-

lowing rights: to exchange the names of witnesses to be

called and the nature of their testimony prior to the hear-

ings; to require the arbitrator to subpoena witnesses; to be

represented by legal counsel; to present evidence, testify and

argue the evidence; to confront and cross-examine adverse

witnesses (subject to the reasonable discretion of the arbi-

trator to admit hearsay evidence); to have discovery

appropriate to the nature of the case prior to hearing, sub-

ject to rules of discovery in civil cases. Judicial rules of

evidence need not be strictly followed; witnesses may be

placed under the rule, and all hearings shall be public un-

less otherwise agreed by the affected parties. The rules of

the American Arbitration Association shall govern the con-

duct of hearings except where in conflict with this contract.

The arbitrator shall render a decision in writing setting

forth the reasons for his/her decision. The conclusion

reached by the arbitrator shall be based solely on evidence

presented at the hearing. The arbitrator shall not commu-

nicate with parties or witnesses relating to the facts or

subject matter of the case without giving all parties notice

and the opportunity to attend. Arbitration hearings may be

continued or recessed by the arbitrator in the interest of

justice or when mutually agreed by the parties.

as arbitration fees or expenses, and arrangements to com-

pensate witnesses, whether such witnesses be fire fighters or

not, shall be made by the party calling the witnesses, and nei-

ther party shall be required to pay for witnesses of the other

party. All such hours which are over the regular scheduled

work week will be paid at the rate of time and a half. Pro-

vided, however, that nothing herein shall require the grievant

or the Union to compensate witnesses called by them.

Nothing in this agreement shall prevent the Association

from charging non-members a reasonable fee and expenses

for representation, in accordance with its by-laws and other

applicable law.

Section 5. Payment while Participating in Grievance and

Arbitration Procedures.

Union officials and members participating in the grievance and

arbitration procedure in an official capacity shall receive full

pay while performing the duties required under the previous

sections. This shall include the union representative of the ag-

grieved employee at Steps 1 through 3 and the Union President

and Chairman of the Union Grievance Committee and such

other Union officials equal in number to the size of the City’s

arbitration team, if more than ___, excluding legal counsel.

ection 6. Appeals from Promotional Bypass

An employee who is bypassed for promotion pursuant to

Chapter ___, Section ___, may appeal such decision to arbi-

tration within ten days of receiving written notice thereof. The

otice of bypass shall state the Chief’s reasons for such bypass.

The employee’s appeal shall be in writing and shall be filed with

the Director of Human Resources. Said appeal shall be decided

by arbitrator chosen in accordance with this policy. The City

and the employee shall share equally the arbitration fees and

expenses, except where the Association represents the employee

it shall pay his/her share. With respect to promotional bypass,

the employee shall have such right to appeal the arbitrator’s de-

cision to district court as he/she is given in Chapter ____ to

appeal the Commission’s decision, and no greater right.

MANAGEMENT RIGHTS

This clause will be proposed by management. Special care

should be given to the extent of this clause. Many “manage-

ment rights” clauses are vastly restrictive to the Union and

could, in the end, nullify a major share of the benefits set out

in the rest of the Agreement. Two opinions prevail in man-

agement regarding the contents of a management rights

clause. One group contends that management’s prerogatives

should be spelled out and the absence of such seriously hin-

ders the effectiveness of management. The other group is of

the opinion that the rights of management are inherent and

that it is unnecessary to set out these rights in order to retain

them. Under this principle, the only rights that management

might not retain are those not addressed in the Agreement.

Model contract language:

The parties agree that it is the exclusive right of the Employer,

subject to, and in accordance with, the terms of this Agreement

and applicable laws and not inconsistent therewith to:

1. Maintain order, discipline and efficiency.

2. Hire, direct, transfer, promote, discharge, suspend or other-

wise discipline employees for just and proper cause.

3. Generally, to operate and manage the undertakings of the

Department and without restricting the generality of the

foregoing to select, install and require the operation of any

equipment, plant and machinery necessary for the efficient

and economical carrying out of the operations and under-

takings of the Department.

Provided below are three sample management rights clauses:

 Clause 1:

The employees’ representative agrees that the Employer has

complete authority over policies and administration of the Fire

Department which it exercises under the provisions of law and

in fulfilling its responsibilities under this Agreement, including

all statutory and inherent managerial rights, prerogative and

functions. Any matter involving the management of depart-

ment operations except as expressly modified or restricted by a

specific provision of this Agreement remains within the exclu-

sive province of the Employer. This provision is not intended to

cover, however, a fixed and established past practice of the par-

ties that has been unequivocally accepted by both parties over

reasonable period of time but has not been reduced to writing

in this Agreement. Should the union object to any work rule or

regulation as being in violation of this Agreement, it may resort

to the Grievance Procedure outlined in this Agreement.

 C

lause 2:

Except as herein otherwise provided, the Management of the De-

partment and the direction of the working forces, including the

right to hire, promote, demote, layoff, suspend without pay, dis-

charge for proper cause, transfer, determine the number of

employees to be assigned to any job classification, and to deter-

mine the job classifications needed to operate the Employer’s

jurisdiction is vested exclusively in the Employer.

It is further agreed, except as herein otherwise provided, that the

responsibilities of Management include, but are not limited to

those outlined in this Agreement. In addition to any specified

herein, the Employer shall be responsible for fulfilling all nor-

mal managerial obligations, such as planning, changing or

developing new methods of work performance, establishing nec-

essary policies, organizations and procedures, assigning work

and establishing work schedules and of applying appropriate

means of administration and control. Provided however, that the

exercise of the foregoing rights by the City will not be used for

the purpose of discrimination against any member of the Union

or be contrary to any other specific provisions of this Agreement,

and provided that nothing herein shall be construed to abrogate

the provisions of the grievance provision.

 Clause 3:

All the functions, rights, powers and authority which are not

specifically abridged, delegated or modified by this Agreement,

are recognized by the Association as being retained by the Em-

ployer. These rights include but are not limited to the following:

(1) To maintain efficiency and to make, alter and enforce rea-

sonable rules and regulations to be observed by employees,

provided such rules and regulations are not contrary to the

terms and conditions set forth in this Agreement;

(2) To direct, hire, promote, demote, transfer and for just and

reasonable cause suspend, discipline or dismiss employees;

(3) To evaluate jobs, classify positions, establish qualification re-

quirements of employees and specify the employees’ duties;

and

(4) To manage and operate the service in all respects and with-

out restricting the generality of the foregoing, to determine

the number and location of establishments, the services to

be rendered, the methods, the work procedures, the kinds

and locations of instruments and equipment to be used; to

select, control and direct the use of all materials required in

the operation of the services to be provided and performed;

to schedule work; to make, alter and enforce regulations gov-

erning the use of materials, equipment and services as may be

deemed necessary by the Employer, provided that such reg-

ulations are not contrary to the terms and conditions set

forth in this Agreement.

PERSONNEL RECORDS (REVIEW OF)

Employee access to personnel records is necessary. Employees

will be aware of adverse comments and will be able to refute such

comments. In addition, an employee will want to review per-

onnel records to ensure that formal reprimands have been

properly expunged after the designated length of time.

Provided below are three sample personnel records clauses:

 C

lause 1:

The Deputy Chief, Administration or designee shall maintain

one official personnel file for each member. Members or their

authorized representatives have the right to examine the con-

tents of their official personnel file maintained by the Deputy

Chief, Administration during business hours Monday through

Friday excluding legal holidays. Adverse comments may not be

placed in a member’s official personnel file unless and until the

member has been informed that such comments are to be placed

in his or her file and a notation has been made on the face of the

document of the date and time when the member was so in-

formed. Members may cause to be placed in their official

personnel file all such responses as they deem appropriate to ad-

verse material inserted therein. Members may also request to be

placed in their official personnel file a reasonable amount of cor-

respondence as determined by the Deputy Chief, Administration

originating from other sources directly related to their job per-

formance.

Only persons authorized by the Deputy Chief, Administration

or designee may review a member’s master personnel file in com-

pliance with the Citywide Employee Personnel Records

Guidelines.

Formal reprimands without further penalty more than ___

year(s) old, and those with additional penalty more than ___

year(s) old, will not be considered for purposes of promotion,

transfer or special assignments. All members shall have the right

to review their official personnel file to identify all such docu-

ments. Upon concurrence of the Deputy Chief, Administration

that such documents have been appropriately identified, they

will be placed in an envelope, sealed and initialed by the mem-

ber. The envelope will be placed in the member’s personnel file

and will be opened only in the event that the member is in the fu-

ture subject to discipline or access is deemed by the City to

pertain to investigations, EEO compliance, Consent Decrees or

other legal or administrative proceedings.

 Clause 2:

In order to give the employee notice and an opportunity to be in-

formed and for possible refutation, the Fire Chief or his/her

designee shall provide the employee with a copy of any non-rou-

tine material which is being placed in the employee’s personnel

file. Non-routine material shall include memorandums docu-

menting counseling or verbal reprimands, Employee Notices,

letters of commendation or any other material which is not gen-

erally associated with day to day administrative maintenance

requirements.

The Employer agrees that an employee shall have the right to in-

clude in the employee’s official personnel record a written and

signed refutation (including signed witness statements) of any

material the employee considers to be detrimental.

 C

lause 3:

The Personnel Department shall retain each Employee’s offi-

cial personnel file. The Fire Department shall retain each

Employee’s departmental file. All employees shall be able to

view their personnel file or their departmental file in the Fire

hief’s office during normal office hours (in the presence of

an administrative staff member).

PERSONNEL REDUCTION

A lay-off procedure is essential because it provides some form

of job security. In the event of a reduction in force, collective

bargaining agreements provide that work force reduction be

carried out in reverse order of seniority, and that laid off em-

ployees shall have recall rights.

Model contract language:

In the case of a personnel reduction the employee with the

least seniority shall be laid off first. Employees shall be recalled

in the order of their seniority. Time in the Fire Department

shall constitute total seniority. No new employee shall be hired

until all laid-off employees have been given ample opportu-

nity to return to work.

Provided below are three sample personnel reduction clauses:

 Clause 1:

(1) The Employer shall notify the Union of the need to reduce

the number of employees who are on payroll within the bar-

gaining unit at least ___ days before the effective date of a

layoff. Such notice shall be given in writing addressed to the

Union by certified mail. The notice shall disclose the num-

ber of positions affected, the rank or classification of each

position so affected, and the unit or units, if any, which are

to be disbanded. Immediately after issuing the notice, the

Employer shall give the Union a reasonable period of time,

of no less than ___ days, within which it shall meet and con-

fer with the Union to discuss such action. The Employer

shall respond to any proposals which the Union may make

in response to the subject matter of notice.

(2) Each employee who is to be reduced in rank or laid off as a

consequence of a reduction in force or the disbandment of

any unit shall be given written notice, at least ___ days be-

fore such action is to occur, of the date, purpose and nature

of the action that is to be taken with regard to him or her.

The notice shall state the reasons for the action, and any

rights which the employee may have under the Administra-

tive Manual and Department of Personnel Rules or this

Memorandum with regard to his or her employment. A

copy of the notice also shall be timely delivered to the Union.

(3) All reductions in force shall be established by seniority in the

Department.Departmental seniority shall be established from

the date that the employee was hired into the Fire Depart-

ment. Seniority in rank or classification shall be established

from the date that the employee was promoted into the rank

or classification which he or she currently occupies.

In the event of a tie in seniority, the tie shall be broken on the

basis of the Fire Academy final standing or score upon gradu-

ation from the Fire Academy.

here shall be no preference granted for subjective evaluation

of performance, skill or ability when determining who to re-

duce from rank to rank, or who to layoff.

(4) For purposes of determining either seniority in rank or de-

artmental seniority, the following additional rules also shall

apply for layoffs and reductions in rank within the Fire De-

partment. First, should an employee who formerly was

employed by the Fire Department return to the service of the

Department after a break in service due to an injury or illness

causing disability, all time which intervened shall be counted in

the employee’s favor as if the employee lost no time away from

work. Second, should an employee return to the Department

after having resigned from City service or voluntarily trans-

ferred from Fire Department service for more than six months,

his or her seniority shall begin anew; if less than six months,

then the employee shall regain previous service time.

(5) In the event a reduction in force is necessary, the reduction

shall proceed in the following order:

(a) Employees shall be laid off in reverse order of departmen-

tal seniority; the most junior employees within the

Department shall be laid off first, without regard to rank or

classification.

(b) In the event that a reduction in force results in the need for a re-

distribution of employees from superior ranks to lesser ranks,

such reductions in ranks shall be accomplished by reducing in

rank those employees with the least tenure in the affected rank

counting from the employee’s date of promotion.

unused leave time, including vacation, holiday and retire-

ment leave (employee must be eligible for service

retirement), based on the employee’s total annual salary as

of the date of separation.

(d) All employees who are reduced in rank or laid off shall not

suffer any loss in benefit or entitlement accrued prior to the

date of the action, e.g., holidays, vacation, personal leave,

pension, and overtime, earned, accumulated and unused at

the time of reduction in rank or layoff.

(e) Each junior employee who is bumped out of rank or clas-

sification shall, in turn, be reduced only one rank, to the

rank or the classification immediately junior. This shall not

pertain to layoffs, which shall be consistent with Depart-

mental seniority rights.

(6) Any employee who is reduced in rank and involuntarily

transferred into a new unit shall be entitled to acting out-

of-title compensation based on the employee’s acting

certification. Any employee who at first received acting cer-

tification in rank and then was promoted, upon return to

that rank or classification after demotion, shall retain his or

her original acting certification and approval date, and shall

enjoy the right to exercise the same.

(7) If the current salary is the same as or greater than the max-

imum of the lower grade, the employee shall receive the

maximum salary for the lower grade. If the current salary is

less than the maximum of the lower grade, the employee

shall receive the closest salary rate of the lower grade.

(8) The Department of Personnel shall prepare and maintain a

list, known as a“Reemployment List”, of all persons who are

reduced in rank or laid off, by rank or classification. In the

event that vacancies occur within the Department while per-

ons remain on the Reemployment List, the order of recall

shall be determined by reference to the Reemployment List.

The Reemployment List(s) shall remain in effect for 24

months after the date of a layoff (unless extended by the De-

partment of Personnel) and shall be used to offer

employment opportunities that may become available by

seniority to all persons who have been reduced or laid off,

before any employees are promoted from one rank to an-

other or any persons are hired or transferred (from other City

agencies) to become new employees of the Fire Department.

No person may be hired, nor may any person be transferred

from another City agency, while any person in that rank or

classification remains in a reduced rank or on the Reem-

ployment List.Any persons who are returned to their former

positions shall be placed in the pay grade of their former

rank, restored to the level of total annual compensation that

they would currently receive had they not been reduced in

rank or placed on the Reemployment List. The employee

shall receive no credit for longevity while on layoff.

(9) Notice of recall to the employee’s former position shall be

given to the employee in writing at his or her last known

post office address, it being the employee’s obligation to no-

tify the Personnel Administrator, or other designated agent

of the Fire Department, of any change in address while laid

off, or reduced in rank. The notice shall be by certified mail,

return receipt requested. The employee shall be given

_____days to accept an offer of reinstatement, in which case

written acceptance shall be sufficient if filed in any form

with the Personnel Administrator.

(10) Any employee who is reduced in rank, pursuant to this Ar-

ticle, and is on a promotional list when demoted shall

remain on the list and remain eligible for promotion until

the list expires, subject however to the recall or reinstate-

ment rights of any laid off or demoted employee under

the terms of this Article.

(11) The provisions of this Article shall govern to determine

the rights of any employee who is demoted or laid off on

or after July 1, 20___.

(12) In addition to the rules generally applicable to layoffs, the

following additional rule shall apply to the Emergency

Medical Service Division. For purposes of layoff and

reemployment, Employee Layoffs defines “organizational

unit”. The Fire Department has three (3) or more organi-

zational levels, the level immediately below the agency is

normally designated as a bureau. The organizational level

immediately below a bureau is normally designated as a

division. “Organizational unit” refers to a division. In this

instance, the Emergency Medical Service Division is an or-

ganizational unit.

All Emergency Medical Service personnel who are to be

laid off shall first be offered an opportunity to fill any va-

cant position(s) in the Fire Department for which the

mployees are qualified or for which they may be quali-

fied after a period of training. In the event a reduction in

force is necessary in the Emergency Medical Service, but

there are fewer vacant positions remaining in the Fire De-

partment than the number of employees to be laid off, the

acancies shall be offered in the order of seniority going

first to the most senior personnel to be laid off from the

Emergency Medical Service.

 Clause 2:

In the case of a personnel reduction the employee with the least

seniority shall be laid off first. Employees shall be recalled in

the order of their seniority. For the purposes of this Article,

time in the Fire Department shall constitute total seniority. No

new employee shall be hired until all laid-off employees have

been given ample opportunity to return to work.

 Clause 3:

Section 1. Because of changes in programs,lack of funds,decrease

in work, or for any other legitimate reason making it

necessary for the Employer to reduce the work force, a

standard reduction-in-force procedure will be followed

to carry out the layoff in a fair and orderly way.

Section 2. The employee’s termination under this article is to

be considered as a result of the reduction-in-force

and not discipline and in no way shall affect the em-

ployee’s COBRA, unemployment compensation, and

other statutory rights and benefits.

Section 3. In the event of a reduction-in-force, the following

procedure shall be adhered to:

 ORDER OF LAYOFF: Upon determination that a layoff is

necessary a list of employees ranked in the order in which

they are laid off will be prepared and posted. The procedure

for developing the layoff list is as follows:

 Employees in each classification will be rank ordered ac-

cording to department seniority and veterans preference

points with the least senior employee listed first. Initial pro-

bationary employees shall be laid off first and promotional

probationary employees will be returned to former class.

 Department seniority is defined as 1 point for each full

month of service with _________Fire Rescue.

 An employee designated for layoff may be entitled to bump

an employee in a lower classification in the department if the

employee has:

 more seniority than the employee to be bumped;

 is qualified for the position;

 is capable of performing the duties of the lower classification.

 A bumped employee can also exercise the same bumping

privilege into a lower classification.

PREAMBLE

A preamble definesthe parties who areentering into the agreement.

In addition, this clause promotes good will between the parties.

odel contract language:

This Agreement is entered into by and between _______ here-

inafter referred to as the Employer and Local # _____,

International Association of Fire Fighters, hereinafter referred

o as the Union. It is the purpose of this Agreement to achieve

and maintain harmonious relations between the Employer and

the Union; to provide for equitable and peaceful adjustment of

differences which may arise, and to establish proper standards

of wages, hours, and other conditions of employment.

Provided below are three sample preamble clauses:

 Clause 1:

(1) This Agreement is entered into between the

_____________ Government and the Fire and Emergency

Medical Services Department (the“Department”), (jointly

referred to as the “Employer”), and International Associa-

tion of Fire Fighters, Local ____, AFL-CIO (the “Union”)

(2) The Employer and the Union recognize the need to provide

efficient service to the public and to maintain the quality

of service. Further, both parties agree to the need for estab-

lishing and maintaining a sound labor-management

relationship and mutually agree to continue working to-

ward this goal. Each side has been afforded the opportunity

to put forth all its proposals and to bargain in good faith

and both parties agree that this Agreement expresses the re-

sults of their negotiations.

 Clause 2:

It is the general purpose of this Agreement to promote the mu-

tual interests of the Employer and the Union; to provide for

equitable and peaceful adjustments of differences which may

arise; to establish proper standards of wages, hours and other

conditions of employment which will provide and maintain a

sound economic basis for the delivery of public services; to pro-

vide for the operation of the services delivered by the City

under methods which will ensure economic and efficient op-

eration. The parties to this Agreement will cooperate fully to

secure the advancement and achievement of these purposes.

 Clause 3:

This Memorandum of Agreement (hereinafter “Memoran-

dum”) is entered into by and between the City of __________

(hereinafter “Employer”), and Local ___, International Associ-

ation of Fire Fighters (hereinafter “Union”).

It is the purpose of this Memorandum to achieve and main-

tain harmonious relations between the Employer and the

Union; to provide for equitable and peaceful adjustment of dif-

ferences that may arise, and to establish proper standards of

wages, hours and other conditions of employment.

PREVAILING RIGHTS/MAINTENANCE OF BENEFITS

Prevailing rights/maintenance of benefits clauses are negoti-

ated to provide for the continuation of existing working

conditions that may not be included in the contract.

Model contract language:

All rights, privileges, and working conditions enjoyed by the

employees at the present time which are not included in this

greement shall remain in full force, unchanged and unaf-

fected in any manner, during the term of this Agreement

unless changed by mutual consent.

Provided below are three sample prevailing rights/maintenance

of benefits clauses:

 Clause 1:

The following rights, privileges and benefits enjoyed by em-

ployees prior to February 20___ will be maintained for the

duration of this Agreement and shall not be diminished, mod-

ified or eliminated during the term of this Agreement unless

changed by mutual written consent.

 Clause 2:

Nothing in this Agreement shall be construed as abridging,

amending or waiving any rights, benefits or perquisites

presently covered by statutes, existing rules and regulations or

past practices recognized as being legitimate and having general

and uniform applicability, except as expressly superseded by

the terms of this Agreement. Said rights, benefits or perquisites

which pertain to subjects which are negotiable under the pro-

visions of chapter ___, shall not be modified or terminated

except by agreement of the parties.

 Clause 3:

All standards, privileges and working conditions enjoyed by the

City of _______ Fire Fighters at the effective date of this Agree-

ment, which are not included in this Agreement shall remain

unchanged for the duration of this Agreement.

SAVINGS CLAUSE

Savings clauses ensure that if a provision is declared invalid by

court action or legislation, only that provision is null and void

and that the remaining portions of the negotiated Agreement

are in full force and effect.

Model contract language:

If any provision of this Agreement, or the application of such

provision, should be rendered or declared invalid by any court

action or by reason of any existing or subsequently enacted

legislation, the remaining parts or portions of this Agreement

shall remain in full force and effect.

Provided below are three sample savings clauses:

 Clause 1:

It is not the intent of either party hereto to violate any laws, rul-

ings, or regulations of any governmental authority or agency

having jurisdiction of the subject matter of this Agreement.

Should any provision of this Agreement be found to be in con-

travention of any Federal or State law or by a court of competent

jurisdiction, such particular provision shall be null and void,

but all other provisions of this Agreement shall remain in full

force and effect until otherwise canceled or amended.

hould any party fail to give notice to the other party that it de-

sires to commence negotiations with regard to the provision

that was held or determined to be illegal or void within ___

days of said party having knowledge that a provision was held

or determined to be illegal or void, the party shall lose the right

o commence negotiations concerning the substance thereof.

The Agreement is the entire Agreement of the parties, termi-

nating all prior Agreements.

 Clause 2:

Should any part hereof or any provision herein contained be

rendered or declared invalid by reason of any existing or sub-

sequently enacted legislation or by any decree of a court of

competent jurisdiction such invalidation of such part or por-

tion of this Agreement shall not invalidate the remaining

portions thereof, and the remaining parts or portions remain

in full force and effect.

 Clause 3:

Notwithstanding any other provisions of this Agreement to the

contrary, in the event that any Article, or Subsections thereof,

of this Agreement shall be declared invalid by any court of com-

petent jurisdiction, or by any applicable State or Federal law or

regulation, or should a decision by any court of competent ju-

risdiction or any applicable State or Federal law or regulation

diminish the benefits provided by this Agreement, or impose

additional obligations on the City, the parties shall meet and

confer or negotiate on the Article or Subsections thereof af-

fected. If they are unable to come to an agreement on the

matter, the provisions of Section ____ of the Charter shall

apply. All other provisions of this Agreement not affected shall

continue in full force and effect.

SENIORITY

Seniority gives priority to employees based on length of serv-

ice. In most agreements, seniority is a criteria in layoffs, recall,

promotion and transfers. In addition, benefits such as vacation

leave are based on seniority or length of service.

Model contract language:

Seniority shall be determined by continuous service in the Fire

Department calculated from the date of employment. Con-

tinuous service shall be broken by only resignation, discharge

or retirement. Employees with the same employment date

shall be assigned to the seniority list in order of their ranking

on the (Civil Service) Eligibility List.

Provided below are three sample seniority clauses:

 Clause 1:

Seniority is defined as length of continuous employment with

the City, Division of Fire as herein defined, including military

service as defined by Federal and State laws. Any City employee

transferring to the Division of Fire shall not include in any sen-

iority computation any prior service with any other

Department or Agency of the City of _______.

Seniority of an employee shall commence on his or her first

day of employment and shall continue for as long as the em-

ployee is a member of the Division or on an approved leave of

absence.

eniority shall prevail with respect to the choosing of house

watch, vacations and such other matters within the jurisdiction

of the Agreement.

The Department shall establish a seniority list of all employees

n the bargaining unit to include 56-hour employees and 40-

hour employees, and such list shall be brought up to date and

a complete new list be provided and posted by February 1 of

each year on the bulletin boards provided by the Union and all

Department Fire Units and Properties for a period of not less

than thirty calendar days, and a copy of said seniority list or

any revised list shall be furnished to the Secretary-Treasurer at

the union’s business address. Any objection to the seniority list,

as posted, shall be reported to the personnel officers of the De-

partment within ten calendar days from the first day of posting,

or the seniority list shall stand approved.

Once each year, the Employer shall post on the bulletin boards

in the areas where 40-hour personnel work, a seniority list

showing the names, job classifications and their seniority dates.

In the event more than one employee goes on the payroll of the

Department on the same date, their Civil Service grading scores

shall govern said seniority standing, the employee with the

highest Civil Service score taking precedence shall be consid-

ered to have the greatest seniority.

An employee’s seniority shall be continuous unless terminated

for any of the following reasons:

 (a) discharge for cause;

 (b) voluntary resignation;

 (c) lay-off for more than one year for the convenience of the

Department;

 (d) failure to report to work for three days without just cause;

 (e) failure to return to work within thirty calendar days with-

out just cause, following recall subsequent to a lay-off;

 (f) re-enlistment in the armed services.

 Clause 2:

Section 1. (Seniority List)

The City will annually provide a current alphabeti-

cal seniority list to the Union. In addition, the City

will annually provide a current alphabetical senior-

ity list by battalion or division to such battalion or

division. Errors in such seniority lists shall be re-

ported in writing to the Fire Chief, who shall cause

such lists to be corrected if they are erroneous.

Section 2. (Seniority of Fire Fighters)

The seniority of a Fire Fighter will be determined

by the employee’s date of permanent appointment

as a Fire Fighter. In the event two or more employ-

ees have the same date of permanent appointment,

their seniority will be determined by their numeri-

cal position on the Civil Service list from which they

were appointed.

A member of this unit who leaves ________ Fire De-

partment employment, and who is subsequently

re-appointed within two years, shall have his/her

seniority calculated from the original date of ap-

ointment, and adjusted for time not employed by

the Department, after one year of continuous serv-

ice from the date of re-appointment.

A member of this unit who leaves _________Fire

epartment employment, and who is subsequently

re-appointed after more than two years, shall have

his/her seniority calculated from the date of re-ap-

pointment.

The seniority of all employees permanently ap-

pointed to the position of fire fighter by any means

other than appointment off a competitive fire fighter

civil service list shall be the first day of said employ-

ees’ entry into the fire academy. When said

employees share a date of entry into the fire acad-

emy, they shall be differentiated from one another

on the basis of their qualifying scores (where appli-

cable) and, if said employee’s seniority requires

further differentiation due to equivalent scores, said

employees order of seniority shall be decided by the

date of application to any program (where applica-

ble).

Section 3. (Seniority of Officers)

The seniority of fire officers within ranks will be de-

termined by the date the employee was promoted

to the title he/she holds. In the event that two or

more employees have the same date of permanent

promotion, their seniority will be determined by

their numerical position on the Civil Service list

from which he/she was last appointed.

Section 4. (Seniority in Shifting)

(A) When routine shifts or details must be made within

the Fire Department, the Fire Fighter with the least

seniority will be used unless the commanding offi-

cer has a valid reason for selecting someone else.

(B) Shifting or details cannot be used as a form

of discipline.

 Clause 3:

Section 1. Seniority shall be of two (2) types: Department Sen-

iority and/or Rank Seniority. Department Seniority

shall consist of the total accumulated service of the

employee with the Fire Department. Rank Seniority

shall consist of the relative length of accumulated

service of each employee, in his/her respective rank

or classification, with the Fire Department.

An employee’s length of service shall not be reduced

by the time lost due to sick or injury leave or au-

thorized leave of absence, or layoff, for a period not

to exceed _____ months or length of service,

whichever is less, or demotion.

For the purpose of this Article, the terms, classifica-

tion (or rank), shall mean and include the following:

Fire Fighter (for the purposes of this Article, Proba-

tionary Fire Fighters shall be considered to have the

rank-classification of Fire Fighter), Fire Lieutenant,

ire Equipment Mechanic, Fire Captain, Battalion

Chief and Deputy Chief. Employees who have the

same length of service in their classification shall be

placed on the Rank Seniority List in the order that

their names appeared on the Eligibility List or if not

ppointed from an Eligibility List, they shall be

placed in the order that they were appointed to such

classification. If the situation is still not resolved, it

shall be determined by lot.

Section 2. In the event of a layoff of one or more employees,

the employee with the least Departmental Seniority,

as defined in Section 1 hereof, shall be laid off first.

Successive layoffs shall be affected on a similar basis

of Least Departmental Seniority.

Section 3. During the layoff process or otherwise, if the need arises,

an officer (i.e. Lieutenant or above), shall be demoted,

rather than immediately laid off, as follows: the officer

with the least Rank Seniority, as defined in Section 1

hereof, shall be the first employee to be demoted. When

this occurs,the demotedofficer shall beentitled tobump

the least senior employee in the next lower grade if the

said demoted officer has actually served in that classifi-

cation (or rank), and if he/she possesses more time in

grade than the least senior employee. For the purpose of

the previous sentence, the phrase “time in grade” shall

mean Rank Seniority in the classification into which the

demoted officer is bumping, plus all rank seniority held

by the said demotedofficer inhigher officer ranks and/or

classifications. Any officer affected by the bumping

process referred to in this Section may avail himself of

the same process against a lower ranking officer, in order

that the affected officer may be demoted rather than laid

off. When the demotion-bumping process is complete

and the fire fighting rank is attained, then the employee

with the Least Department Seniority shall be laid off as

per the provisions of Section 2 hereof.

Section 4. When an employee has been laid off, or an officer has

been demoted because of layoff, position elimination,

or “bumping”, the name of such employee shall be

placed on a preferred reemployment list for the ap-

propriate grade for a period of _____ months or

length of service, whichever is less. In filling any va-

cancy in any such grade, the preferred re-employment

list shall have priority over any other list. All names

shall remain on any preferred re-employment list until

each laid off employee is offered the opportunity for

re-hire or each such demoted officer is offered the op-

portunity for restoration to his/her former rank.

When a laid off employee is re-hired or an officer de-

moted because of layoff or otherwise is restored to the

prior higher grade, he/she shall be credited with De-

partmental Seniority and Rank Seniority as if he/she

had not been laid off or demoted. Laid off employees

or employees demoted because of layoff or otherwise

shall be notified of their re-hiring, or restoration, at

their last address on file with the Fire Department

and/or the Personnel Department.Any such employee

shall forfeit his/her right of re-hire or restoration to

the previous higher grade if he/she does not report to

the Fire Chief his/her willingness to return to work

ithin ______ days after notification, in writing, of

his/her eligibility to return to work, or having reported

such willingness, he/she does not in fact return to

work within _____ days after notification.

TRIKE/LOCKOUT

Both clauses are negotiated to ensure thatdifferences between Man-

agement and theUnion are resolved without interruption of work.

Provided below are three sample no strike/no lockout clauses:

 Clause 1:

The City and the Union subscribe to the principle that differ-

ences shall be resolved by peaceful and appropriate means

without interruption of work. During the term of this Agree-

ment, neither the Union nor its agents or any employee, for any

reason will authorize, institute, aid, condone or engage in a

slowdown, work stoppage, strike, or any other interference with

the work and statutory functions or obligations of the em-

ployer. During the term of this Agreement, neither the

employer nor its agents for any reason shall authorize, insti-

tute, aid or promote any lockout of employees covered by this

Agreement.

 Clause 2:

There will be no strikes, work stoppages, picket lines, slow-

downs, boycotts, or concerted failure or refusal to perform

assigned work by the employees of the Union and there will be

no lockouts by the County for the duration of this Agreement.

The Union supports the County fully in maintaining normal

operations. Any employee who participates in or promotes a

strike, work stoppage, picket line, slowdown, boycott, or con-

certed failure or refusal to perform assigned work shall be

subject to disciplinary action, up to and including discharge.

It is recognized by the parties that the County is responsible for

and engaged in activities which are the basis of the health and

welfare of our citizens and that any violation of this Section

would give rise to irreparable damage to the County and to the

public at large. Accordingly, it is understood and agreed that in

the event of any violation of this Section, the County shall be

entitled to seek and obtain immediate injunctive relief. Pro-

vided, however, it is agreed that the Union shall not be

responsible for any act alleged to constitute a breach of this Sec-

tion if it can be shown that neither the Union nor any of its

officers instigated, authorized, condoned, sanctioned, or rati-

fied such action, and further, that the Union and its officers

have used every reasonable means to prevent or terminate such

action.

 Clause 3:

During the life of this Agreement no work stoppages, strikes,

slowdowns, or picketing shall be caused or sanctioned by the

Union, and no lockouts shall be made by the County.

In the event any employees covered by this Agreement, indi-

vidually or collectively, violate the provisions of this Article and

the Union fails to exercise good faith in halting the work inter-

ruption, the Union and the employees involved shall be deemed

in violation of this Article and the County shall be entitled to

seek all remedies available to it under applicable law.

SUCCESSOR AGREEMENTS

Successor clauses protect the rights contained in the collective

bargaining agreement, for its duration, regardless of a change

in management.

Model contract language:

This Agreement shall be binding upon the successors and as-

signs of the parties hereto, and no provisions, terms, or

bligations herein, contained shall be affected, modified, al-

tered, or changed in any respect whatsoever by the

consolidation, merger, annexation, transfer or assignment of

either party hereto, or by any change geographically or other-

wise in the location or place of business of either party.

Provided below are two sample successor agreement clauses:

 Clause 1:

This agreement shall be binding upon any employee organiza-

tion that, during the term of this agreement, succeeds the

Union as the recognized employee organization to represent

the employees covered by this agreement.

 Clause 2:

The City agrees that in the event of a transfer of the Fire De-

partment or its functions to ____ County, all the rights and

benefits of the transferred employees guaranteed under this

Agreement shall be continued for the term of this Agreement.

UNION ACTIVITIES

Union activities clauses prohibit discrimination because of

union activity or membership. Language on union activities

permits the use of the grievance and arbitration process as an

avenue to remedy discrimination based on union activity.

Model contract language:

There shall be no discrimination, interference, restraint, or co-

ercion by the Employer against any employee for his/her

activity on behalf of, or membership in, the Union.

Provided below are three sample union activities clauses:

 Clause 1:

No employee covered by this Agreement will be discriminated

against with regard to any job benefits or other conditions of

employment accruing from this Agreement because of race,

creed, national origin, union membership or sex.

 Clause 2:

Employees shall have certain inherent rights as individuals

which shall include, among other things, the right to form, join

and participate in the activities of the Union of their own

choosing. Employees shall also have the right to refuse to join

or participate in activities of any Union. It is the right of an em-

ployee to seek relief to any problem as specified in the grievance

procedure and the filing of a grievance shall not adversely affect

the employee filing the grievance.

 Clause 3:

No Fire Fighter shall be discharged, disciplined or discrimi-

nated against because of activity on behalf of the Union which

oes not interfere with the discharge of his/her duties or any

assignments, or violated any provisions of the Agreement.

UNION BUSINESS

Employees elected to union office are given leave to perform

equired duties. Leave for union business may be used for at-

tendance at regular and special meetings, conventions,

seminars, conferences and other activities. Union leave is also

used for contract negotiations and processing of grievances.

Such leave may be granted using a variety of methods such as

Union Officers being placed on full-time administrative leave

or being given a pool of hours to be utilized at the discretion of

the union representatives.

Model contract language:

Employees elected or appointed to represent the Union shall

be granted time to perform their union functions including,

but not limited to attendance at regular and special meetings,

conventions, seminars, conferences, and activities related to

grievance procedures without loss of pay.

# _____ members of the Union Negotiating Team shall be al-

lowed time off for all meetings which shall be mutually set by

the Employer and the Union.

Provided below are three sample union business clauses:

 Clause 1:

Upon ___ days advance written notice the Employer agrees to

grant a leave of absence for not more than ____ year(s) with-

out pay to not more than two employees who may be elected to

a full-time union position with the Local or International

Union. While on such leave the employee shall not incur a

break in continuous service. An employee on leave shall not be

eligible for any other fringe benefits except for the specific pen-

sion provision applicable to the Union President under the

State of _____ Pension Code.

In addition to the foregoing, _____employees covered by the

Agreement shall upon _____ days written notice, be granted

leave from their duties, but shall remain on the payroll, for the

purpose of performing full-time duties on behalf of the Union.

During such leave said employees shall continue to accumulate

seniority and shall be eligible for and shall receive all benefits as

if they were fully on duty, including, but not limited to, pension

accruals. Effective ______, 20___, the Union will reimburse

the City in an amount equal to the cost of the salaries and fringe

benefits contributions for employees on Union leave. The Em-

ployer shall remain responsible for its portion of the pension

contribution.

Subject to the need for orderly scheduling and any emergency

needs, and upon _____ days advance written notice, the Em-

ployer agrees to release from work without loss of pay Union

officials and representatives in order to attend bargaining ses-

sions, membership meetings, executive board meetings, state

conventions, national conventions, seminars, conferences or

symposiums. It is provided, however, that this shall be limited

to a maximum of ______ hours annually.

he Union shall supply the Employer with a list containing the

names, Union office, rank and permanent assignment of all

Union officials and representatives. Prior to any scheduled bar-

gaining session, membership meeting or executive board

meeting, the Union shall notify the Fire Department Labor Re-

ations Chief, in writing, of the names of its officials or

representatives requiring paid time off, and the anticipated

length of the scheduled session or meeting. Union officials or

representatives receiving paid time off to attend the session or

meeting must return to work at the conclusion of said session

or meeting.

One person designated by the Union shall be released from work

to attend sessions of the _____ State Legislature as Legislative

Representative under the following terms and conditions:

(1) Said person must notify the Fire Commissioner or his/her

designee, through channels, ___ days in advance of his/her

attendance at any such session.

(2) Said person, upon request, shall promptly provide the Fire

Commissioner with a report of the matters of interest con-

sidered by the legislature during the session attended.

(3) If said person receives his/her authorized per diem al-

lowance from the Union, his/her absence from work shall

be without loss of pay.

(4) The Union will provide the Fire Commissioner or his/her

designee with satisfactory evidence concerning the payment

of per diem allowance.

When needed, a second person designated by the Union shall

be allowed to exchange work shifts and Kelly days to attend ses-

sions of the ______ State Legislature as Legislative

Representative.

 Clause 2:

Employees who are union officials (________officers and

______directors who constitute the union’s executive board)

shall be granted time off without loss of pay to conduct union

business if a replacement of an equivalent rank or, at the dis-

cretion of the affected Battalion Chief, other employee is

arranged for by the Union. The cost of such replacement shall

be paid by the Union. Such employees may be granted time off

without pay to conduct union business at the discretion of the

Chief of the Fire Department. Upon written approval of the

Chief, the Union President, Vice President and/or Secre-

tary/Treasurer may be granted a reasonable amount of time off

per year with pay to conduct official Union business, excluding

all State legislative lobbying or activities.

All requests and arrangements for the time off shall be made by the

Union official at least one shift prior to the proposed time off

whenever possible. In emergencies, the request may be submitted

orally and later confirmed in writing. The Union will maintain a

log of the actual time spent pursuing approved Union business.

Union business may be conducted in the fire stations with per-

mission of the Chief of the Department. While working on

shift, Union officials agree not to transact union business that

interferes with Department functions or normal routine.

The Union agrees that any City property or facilities, includ-

ing department apparatus, shall not be used for any non-duty

related activities unless expressly approved by the Fire Chief or

his/her designee in writing. Such approval may be made orally

nd later confirmed in writing.

 Clause 3:

The President of the Union shall be granted administrative

leave up to ____ hours per year for the purpose of discharging

his/her official representational duties as Union President pro-

vided that the President and designees are not simultaneously

covered by administrative leave.

Members of the Union Executive Board, when scheduled to

work, shall be granted_____ hours administrative leave to attend

executive board meetings, not to exceed ____ hours per month.

All requests for administrative leave as defined in this Article

shall be submitted in writing by the Union to the Fire Admin-

istrator or his/her designee no later than ____ calendar days

prior to the requested date. This advance notice period may be

waived under extenuating circumstances by mutual agreement.

Such requests shall not be unreasonably denied.

In addition, members of the bargaining unit shall be assessed

___ hours compensatory leave or annual leave per year (at the

option of the Employee) which shall be contributed to an ad-

ministrative leave bank for the purpose of providing additional

administrative leave to the President and/or other officers and

officials of the Union.Administrative leave identified in this Ar-

ticle shall be the sole source of leave for the Union President and

shall result in the President being placed on administrative leave

full-time, except that the President shall continue to use annual

and sick leave pursuant to applicable regulations and the provi-

sions of this Agreement. Any surplus in this leave bank at the

end of any leave year shall not carry over to the next year.

The President and two Vice Presidents of the Union shall be

provided with one pager each of a type and design selected by

the Employer to assist in their representational duties.

An administrative leave bank of _____ hours shall be created

for use by Union officers and officials to attend workshops,

seminars, conferences, and conventions related to the conduct

of their duties in the Union.

Bargaining unit employees who are members of the Union Ne-

gotiations Committee shall receive reasonable Administrative

Leave in connection with contract negotiations and preparations.

UNION RECOGNITION

It is essential that a collective bargaining agreement contain a

clause recognizing the union as the exclusive bargaining agent

for the employees within a defined bargaining unit. It is im-

portant that a union recognition clause mention specific

classifications (i.e., fire fighter, lieutenant, captain, etc.). As a

result, all changes impacting the designated classifications

would have to be discussed with the Union.

Model contract language:

The Employer recognizes the Union as the sole and exclusive

bargaining agent for (choose appropriate phrase):

A. All employees of the Fire Department.

B.All employees of the Fire Department except (list positions).

. The positions of fire fighter, lieutenant, captain, assistant

chief, and district chief.

D. All employees of the _______________ Fire Department

as certified by the_________ Department of Labor Order #

__________ Date __________.

Provided below are three sample union recognition clauses:

 Clause 1:

The City hereby recognizes the International Association of Fire

Fighters, Local ____,as theexclusive representative for the purpose

of collective bargaining with respect to wages,hours,and terms and

conditions of employmentforall employees in the bargaining unit.

The bargaining unit for which this recognition is accorded includes

personnel in the classifications of firefighter, fire driver-operator,

fire lieutenant, fire inspector employed in the Fire Department of

the City, and specifically excludes Fire Department Chief, Deputy

Chief, Division Chief, Captain, Training Officer, Fire Prevention

Officer, Health and Safety Officer,and FireArson/Investigative Of-

ficer employed by the Fire Department of the City and all other

employees in all other classifications of the City not specifically in-

cluded in the unit, professional employees, managerial employees,

and confidential employees, as set forth in the order issued by the

State Public Employees Relations Commission.

 Clause 2:

The City, during the term of this Agreement, recognizes the

Union for the purpose of collective bargaining as the sole and

exclusive bargaining agent for employees of the Fire Depart-

ment in the following Civil Service Classifications, which are

hereby defined as the Bargaining Unit:

 Fire Fighter

 Fire Apparatus Operator

 Fire Captain

 Fire Prevention Inspector

 Fire Alarm Dispatcher

Probationary Fire Fighters who have served a ___ month pe-

riod as a Probationary Fire Fighter shall also be eligible to

belong to the Bargaining Unit.

The City agrees not to sign or otherwise enter into any agree-

ment of any kind with any other organization or group within

the Fire Department during the term of this Agreement, which

covers any work rules, wages, or any other item or condition

whether or not covered by this Agreement. These conditions

may be waived by mutual agreement.

If the official class title of any classification enumerated in this

Agreement is changed or altered by action of the Civil Service

Commission, the incumbents in such case would still be cov-

ered by the provisions of this Agreement. If any new

classifications are created within the Fire Department, those

new classifications shall be included in the bargaining unit as

long as the functions are less than the current functions of the

position of Fire District Chief. Any disagreements shall be sub-

itted to the Grievance Procedure for resolution.

Employees shall have the right to join or not to join the Union.

The Union agrees that Fire Recruits shall be eligible for Union

membership after ____ days of employment. Provisional Fire

District Chiefs and provisional Deputy Fire Chiefs shall not be

n the bargaining unit.

Except as provided herein, all other employees of the Fire De-

partment are specifically excluded from the provisions of this

Agreement.

 Clause 3:

The City hereby recognizes the Union as the sole and exclusive

representative for the purpose of collective bargaining for all

uniformed employees of the Division of Fire excluding the Fire

Chief and the Assistant Fire Chiefs.

UNION SECURITY

Union security provisions ensure that an employee who is not

a member of the Union shall, as a condition of employment,

pay a monthly service charge equivalent to the dues and as-

sessments paid by a member to the Union. Union security

provisions also have religious objection provisions. In some in-

stances, an individual employee may object to union dues based

on bona fide religious tenets or teachings of a church or reli-

gious body of which he or she is a member. In such case, the

employee has to meet with representatives of the Union and

establish a satisfactory arrangement for distribution of a mon-

etary contribution equivalent to union membership dues,

initiation fees and assessments to a non-religious charity. The

employee must furnish written proof to the Employer and the

Union that this has been done.

Model contract language:

(Select the appropriate phrase[s].)

A. Agency Shop: Any employee who is not a member of the

Union shall pay a monthly service fee to the Union.

B. Religious Objection Provision: Any individual employee

objection based on bona fide religious tenets or teachings

of a church or religious body of which such employee is a

member, will require such employee to inform the Em-

ployer and the Union of his/her objection. The employee

will meet with representatives of the Union and establish a

satisfactory arrangement for distribution of a monetary

contribution equivalent to union membership dues, initia-

tion fees and assessments to a non-religious charity. The

employee shall furnish written proof to the Employer and

the Union that this has been done.

C. Save Harmless: The Union shall indemnify, defend, and

save the Employer harmless against any and all claims, de-

mands, suits, or other forms of liability that may arise out

of or by reason of action taken or not taken by the Employer

in fulfilling the obligations imposed on the Employer under

this Article.

Provided below are three sample union security clauses:

 Clause 1:

A current employee in the unit, employed as of July 1, 20___

nd any new employee in the Unit, as a condition of continu-

ing employment with the City, shall execute a payroll deduction

authorization form as furnished by the Union, and thereby

shall become and remain a member in good standing in the

Union. New employees shall execute an authorization under

his paragraph within ___ calendar days of employment. In the

alternative to membership, the employee shall execute a pay-

roll deduction authorization form as furnished by the Union,

and thereby pay to the Union an initial fee equal to the regular

initiation fee and, thereafter, a monthly service fee equal to the

regular monthly union dues; or, in the case of employees who

certify that they are members of a bona fide religion, body or

sect which has historically held conscientious objections to

joining or financially supporting public employee organiza-

tions, execute a payroll deduction form as furnished by the

Union, and thereby pay sums equal to union dues, initiation

fees, or service fees to only the (1) International Association of

Fire Fighter’s Burn Foundation; (2) Special Olympics, or (3)

Muscular Dystrophy Association.

Upon ___ days’ notice to the City from the Union that an em-

ployee described above has failed to maintain the bargaining

unit member’s membership in good standing or has failed to

maintain the bargaining unit member’s current service fee pay-

ments or has failed to maintain the bargaining unit member’s

charitable contribution payments to one of the three (3) char-

ities designated above, then the City shall (1) counsel the

employee regarding the bargaining unit member’s obligation

under this provision, and (2) inform the employees that fur-

ther failure to maintain the appropriate payments shall subject

the employee to discharge.

Annually, the Union will provide an explanation of the fee and

sufficient financial information to enable the service fee payer

to gauge the appropriateness of the fee. As a condition prece-

dent to deducting the service fee or taking any action against an

employee for failure to authorize service fee payments, the City

must receive certification from the Union that the Union has

provided all fee payers with the financial disclosure required by

law, including an independently audited financial disclosure of

the Union’s chargeable expenses. The Union will provide a rea-

sonable, prompt opportunity to challenge the amount of the

fee before an impartial decision maker not chosen by the Union

and will make provision for an escrow account to hold amounts

reasonably in dispute while the challenges are pending.

The Union shall indemnify and hold harmless the City, its of-

ficers and employees, from and against any and all loss,

damages, costs, expenses, claims, attorney fees, demands, ac-

tions, suits, judgments, and other proceedings arising out of

any discharge action resulting from this provision.

 Clause 2:

(a) It shall be a continuing condition of employment that all bar-

gaining unit employees: (1) shall become and remain

members in good standing of the Union, or (2) pay a service

fee effective July 1, 20___. Within ____ days of obtaining

merit status and receipt of notification from the Union a bar-

gaining unit employee shall exercise one of the choices above.

(1) Semi-annually the Employer shall provide the Union with

an updated list of all employees of the Division of Fire and

Rescue Services who at the time are in a probationary sta-

us. Such list shall contain the following information for

each probationary employee: name, home address, current

station assignment, and date of hire. These semi-annual re-

ports will be provided to the Union by March 1 and

September 1 each calendar year.

(b) The union dues and service fees shall be set by the Union.

These amounts may be subject to change each year of this

Agreement as a result of notice given by the Union to the

Employer at least ____ days prior to the effective date of

the change, which shall be the first full pay period follow-

ing July 1 of each year.

cle, with Section _____ of the ________ County Code, as

amended; specifically, the Union shall adhere at all times to

all federal constitutional requirements in its administration

of any agency shop system maintained by it.

(d) The Union shall indemnify and hold the Employer harm-

less against any and all claims arising from actions taken by

the Union with regard to the collection of agency service fees

or the resolution of disputes concerning agency service fees.

 Clause 3:

(1) The City will deduct from the biweekly earnings of all employ-

ees represented by the recognized bargaining unit IAFF Local

______,AFL-CIO,hereinafter referred to as“Association,”who

have not authorized dues deduction by duesdeduction cards,an

amount that is equal to the proportionate share of the cost of

the collective bargaining process and contract administration

measured by the amount of dues uniformly required of all

members of the Association and pay said amount to the Treas-

urer of the Association within ____ calendar days after the

payday from which such deduction was made.

(2) The City will not deduct the dues of any employee in any

two week pay period unless said employee is a member of

the Association recognized bargaining unit for at least seven

calendar days that pay period.

(3) The City reserves the right to stop, withhold, or modify fair-

share deductions for employees or positions in question

until resolved by mutual agreement or by the Employment

Relations Commission.

(4) The City will honor only dues deduction cards which au-

thorize dues to the recognized bargaining unit which

represents the employee. No dues or fair-share deduction

will be made from earnings of managerial, supervisory or

confidential employees.

(5) Changes in dues or fair-share amounts to be deducted shall

be certified by the Association at least __________ calendar

days before the start of the pay period the increased deduc-

tion is to be effective.

(6) Fair-share deductions for new employees in the Associa-

tion’s recognized bargaining unit will be made from the

new employee’s first paycheck. The City will provide the As-

sociation with a list of employees from whom dues or

fair-share deductions are made with each biweekly remit-

tance to the Association.

(

7) The Association will fully and fairly represent all members

of the bargaining unit regardless of whether they are mem-

bers of the Association.

(8) The Association shall, at its sole cost and expense, fully in-

emnify, defend and hold harmless the City, its officers, agents

and employees against any and all claims, suits, actions or li-

ability of judgments for damages (including, but not limited

to, expenses for reasonable legal fees and disbursements of the

City, if any) arising from any objections to or contesting of

the validity of any dues or fair-share deductions or the inter-

pretation, application or enforcement of this provision.

WAIVER OF FURTHER

BARGAINING/EXPRESSED WAIVER

Management will introduce this clause in an effort to prevent

the Union from bargaining on contract items during the life of

the Agreement.

Model contract language:

The parties agree that during negotiations each had an unlimited

right and opportunity to make demands and proposals with re-

spect to any subject not precluded by law regarding the

employees covered by this Agreement and that the understand-

ings and agreements arrived at by the parties is set forth in this

Agreement. Therefore, the Employer and the Union, for the du-

ration of this Agreement each voluntarily and unqualified waives

its right, and each agrees that the other shall not be obligated to

bargain collectively with respect to any subject or matter whether

or not specifically referred to or covered by this Agreement,even

though the subject may or may not have been within the knowl-

edge of either or both of the parties during the negotiations or

signing of the Agreement.The parties further agree that any mu-

tual agreements or understandings which are reached during the

term of this Agreement shall be reduced to writing.

Provided below are three sample waiver of further bargain-

ing/expressed waiver clauses:

 Clause 1:

The parties acknowledge that during the negotiations which re-

sulted in this Agreement each had the unlimited right and

opportunity to make demands and proposals with respect to

any subject or matter not removed by law from the area of col-

lective bargaining and that the understandings and agreement

arrived at by the parties after the exercise of that right and op-

portunity are set forth in this Agreement. Therefore, the

Employer and the Union for the life of this Agreement each vol-

untarily and unqualifiedly waives the right, and each agrees that

the other shall not be obligated to bargain collectively with re-

spect to any subject or matter not specifically referred to or

covered in this Agreement, even though such subject or matter

may not have been within the knowledge and contemplation of

either or both of the parties at the time they negotiated or signed

this Agreement and nothing, however, shall abridge the right of

any duly authorized representative of the Union to present views

of the Union which affect the welfare of its members.

Notwithstanding the above, the parties recognize the obliga-

tion to negotiate regarding any contemplated change which will

significantly affect a term or condition of employment not con-

tained in this Agreement.

 C

lause 2:

The parties acknowledge that during the negotiations which

resulted in this Agreement, each had the unlimited right and

opportunity to make demands and proposals with respect to

any subject or matter appropriate for collective bargaining. The

nderstanding and agreements arrived at by the parties after

the exercise of that right and opportunity are set forth in this

Agreement.

Therefore, the City and the Union, for the life of this Agree-

ment, each voluntarily and unqualifiedly waives the right and

each agrees that the other shall not be obligated to bargain col-

lectively with respect to any subject or matter without mutual

consent, even though such subjects or matters may not have

been within the knowledge or contemplation of either or both

of the parties at the time that they negotiated and signed this

Agreement. All terms and conditions of employment not cov-

ered by this Agreement shall continue to be subject to the City’s

direction and control.

 Clause 3:

The parties agree that this Agreement constitutes the entire

Contract between them governing the rates of pay and work-

ing conditions of the employees in the bargaining unit during

the term hereof and settles all demands and issues on all mat-

ters subject to collective bargaining, including any demands

made by the Union during negotiations. Nothing herein shall

limit the parties’ right to agree to a Memorandum of Under-

standing which may be made an addendum to this Agreement

provided that the Memorandum of Understanding specifically

states that it shall have such effect.

CALL BACK PAY

Contract language on call back pay guarantees minimum earn-

ings to an employee called into work outside his/her regularly

scheduled hours.It provides some compensation for the disrup-

ion of an employee’s schedule and deters the Employer from

disrupting an employee’s schedule unless there is sufficient work.

Provided below are three sample call back pay clauses:

 C

lause 1:

Employees shall be paid premium rates of pay equal to one and

one-half times his/her regular rate of pay when:

A. The employee is held over beyond the end of his/her regu-

larly scheduled work shift in which case the employee shall be

entitled to a minimum of ___ hours premium pay, and/or:

B. The employee is required to report in early for his/her regu-

larly scheduled shift in which case the employee shall be

entitled to premium pay or,

C. The employee is called in to work at a time not immediately

preceding his/her regularly scheduled shift in which case the

employee shall be entitled to a minimum of ____ hours

premium pay.

 Clause 2:

In the event a Fire Fighter is called back outside their regular

shift and after having logged out, he or she shall be paid a min-

imum of ____ hours pay at the time of reporting. Said pay shall

be calculated at the rate of time and one-half. In the event the

Firefighter is required to work any period in excess of ____

ours, he or she shall be paid at the rate of time and one-half

for all hours actually worked. In the event a Firefighter is “called

in early”, i.e., ordered to report earlier than the starting time for

the next regular shift, they will be compensated ____ hours at

the rate of time and one-half. It is the discretion of the Chief of

ire to determine which shift to call out.

 Clause 3:

When a member of the Fire Department is called for duty at a

time he/she is off shift, the member shall be paid for such serv-

ice at two (2) times his/her basic hourly rate for all hours

worked. The time such member is to be paid will be calculated

from the time he/she is notified by the Communication Con-

trol Dispatcher, and such time will end when member is

dismissed by the senior officer in charge. If the senior officer

considers it necessary for the person called out to clean up, an

additional ____ minutes will be added for such purpose. It is

understood that any member called while off shift but used for

standby duty, will not be allowed time for clean up. Minimum

pay to be allowed for any one (1) shift call-out shall be ____

hours pay at two (2) times his/her basic hourly rate.

COMPENSATION AT RESIGNATION OR RETIREMENT

Contract language on compensation at resignation or retire-

ment is negotiated to ensure that an employee does not lose

any accumulated pay or leave upon separation or retirement

from the Fire Department.

Model contract language:

An employee who resigns, retires, dismissed or laid-off is eli-

gible and shall be compensated accordingly for all his/her

accumulated overtime, compensatory time, holiday time and

vacation time, including pro-rata pay due for the current year

at his/her current rate of pay.

Provided below are three sample compensation at resignation

or retirement clauses:

 Clause 1:

Pay for accrued annual leave,previously banked holiday, compen-

satory time and the balance of any remaining Kelly Day

entitlement not taken shall be granted to each employee upon ter-

mination, layoff, retirement or death of an employee. Such

accumulated leave shall be paid to the employee or to the next of

kin as designated by the appropriate retirement system respectively.

An employee eligible to receive such pay on separation as pro-

vided above will be given the following options:

1. A one-time payment of the full amount; or

2. Annual payments of equal amounts up to five years. Pay-

ments will be provided in January of each year; or

3. At the time that an employee is selecting either option 1 or

option 2 above, the employee may also elect to designate a

specific portion of the full amount due him/her, which por-

tion shall be held by the City for the purpose of maintaining

that employee’s health insurance programs.

4. If death would occur during the utilization of options 2 or 3,the

balance remaining will be paid to the appropriate beneficiary.

 Clause 2:

mployees shall be compensated in cash at their regular rate of

pay for any unused accumulation of vacation when they are

permanently separated from the City.

At the time of retirement an employee may convert accumu-

lated sick leave and vacation to early retirement leave or be

compensated in cash at their regular rate of pay.

 Clause 3:

When an employees leaves City employment, he or she shall be

paid in full on the payroll covering the last day he or she actu-

ally worked for his/her salary due, plus the value of

accumulated vacation time, and unused compensatory time off

earned, such value to be calculated based on his/her basic

hourly rate at the time of his/her termination.

COST OF LIVING ALLOWANCE

Contract language on cost of living guarantees automatic wage

adjustments based on the increase in the cost of living.

Model contract language:

(Select the appropriate phrase[s].)

A. The wage rates shall be adjusted quarterly to reflect the

change in the Consumer Price Index, All Cities Average, for

All Urban Consumers, published by the Bureau of Labor

Statistics, U.S. Department of Labor, Statistics Canada.

hereinafter referred to as the Index.

The quarterly adjustments shall be made effective January

1, 20__; April 1, 20__; July 1, 20__; and October 1, 20__.

When necessitated by changes in the Index, the rates for

the respective job classifications shall be adjusted by con-

verting said changes to a percentage basis and shall be

calculated to the nearest one cent.

B. In addition to the basic wage rates, a cost of living allowance

shall be paid to each employee. The cost-of-living allowance

shall be determined in accordance with increases in the

Consumer Price Index, for All Urban Consumers, (1982-84

= 100) in the (city)_____ area. published by the Bureau of

Labor Statistics, U.S. Department of Labor, Statistics

Canada, hereinafter referred to as the Index.

Provided below are two sample cost of living clauses:

 Clause 1:

CPI Salary Adjustment – Maximum - ____%

Effective ________, 20___ through _______, 20___, all the

classifications in the unit shall receive salary increases above

each classification’s current assigned salary range which was

II. Economic and Benefit Language

n effect in the salary range schedule on ________, 20___,

as determined by the following conditions: Classifications

in this unit shall receive salary adjustments based on the

nearest rounded one quarter percent (.25%) increment

change of the Consumer Price Index (CPI), All Urban Con-

umers Index (U) for the _____________ area (1982-1984

= 100) for the period of _________20___ through

_______ 20___ to a maximum salary increase not to ex-

ceed __________ percent (____%).

CPI Salary Adjustment Minimum - _____%

Should the Consumer Price Index (CPI) All Urban Con-

sumer Index (U) for the ________________area

(1982-1984 = 100 base) for the period of

__________20___ through __________20___ be less than

______%, all unit employees shall receive a ____% salary

adjustment in lieu of CPI.

 Clause 2:

Section 1. There will be a cost of living allowance if and when

and to the extent the cost of living exceeds ____%

during the contract year subject to a maximum pay

out of ___% of an employee’s base salary for the

quarter in question. The method and basis for com-

puting the allowance will be as follows:

All computations will be based on changes in the

revised Consumer Price Index (CPI-W) published

by the Bureau of Labor Statistics, U.S. Department

of Labor, Urban and Clerical Wage Earners, U.S.

Cities, 1982-84=100.

The base index month shall be ______for FY___,

______for FY___, and _______ for FY___.

Cost of living computations will be made quarterly

to determine the percent difference between the

CPI-W for the base index month and for August,

November, February and May of each applicable

fiscal year.

Quarterly cost of living allowance pay adjustments

will be made effective the first day of the month fol-

lowing the month in which it is determined that the

cost of living has increased in excess of ____%.

However, these quarterly cost of living payments

are limited to a maximum of ____% of an em-

ployee’s base salary for the quarter in question.

Furthermore, any payments made under this Arti-

cle for the final quarter described in Section (c)

shall not be included in the base salary of any em-

ployee but shall be paid on a one-time,

non-recurring basis. Payments made for the re-

maining three (3) quarters, if any, shall be included

in the employee’s base salary.

No cost of living adjustment will have the effect of

reducing the salary schedules set forth in Article

_____, Compensation to this Agreement.

DETAIL PAY

Contract language on detail pay provides compensation for

those employees who report to duty and are detailed to another

ire station. This compensation is usually used for travel and

food expenses incurred by an employee. In addition, some con-

tracts contain detail pay provisions for non-civic details.

Provided below are three sample detail pay clauses:

 Clause 1:

Any Fire Fighter who reports for duty and is detailed to work

at a station other than the station to which he/she is assigned

and provides his/her own transportation or participates in the

meal at the other station will be compensated at a rate of $___

per detail. Longer term assignments (those exceeding ____

tours of duty on any one assignment) shall not be eligible for

detail pay after the ____ tour.

 Clause 2:

Any fifty-six(56) hour employee who reports for duty and is

detailed to another engine house shall receive ($_____) detail

compensation. This detail compensation will not be paid for

certain other assignments such as voting relief details, and court

appearances when subpoenaed; but, in those cases, if the em-

ployee is required to use their personal vehicle for

transportation to the assignment, they will be entitled to com-

pensation in accordance with the City Mileage Policy.

No employee will be required to use their personal vehicle to re-

port to a ruins detail or to relieve at a fire scene.

All other employees shall be governed by the City Mileage Policy.

 C

lause 3:

Section 1. All details related to the responsibilities and opera-

tions of the _______Fire Department shall be

performed by employees at the rate of $________

er hour. Officers working details in a supervisory

capacity shall be compensated at the rate of ____%

above that of the regular firefighter detail rate. Em-

ployees assigned to work a detail on the night before

a holiday or on the day or night of a holiday shall be

compensated at double their detail rate of pay. “Nor-

mal hourly rate of pay” does not refer to the detail

rates as established under this Section but rather to

hourly rates as determined under Article _____,

wages and compensation.

Section 2. The City shall establish a Special Fund out of which it

shall make payments for details worked. Payment shall

be made for all details within ____ days of the next reg-

ular pay day thereafter, after the detail is worked.

Section 3. The City shall supply two-way radio equipment to

employees working fire watch and paid details.

EMS

Emergency Medical Services (EMS) clauses define the EMS du-

ties of the Fire Department [First Responder, Basic Life Support

(BLS) and Advanced Life Support (ALS)].

Provided below are three sample EMS clauses:

 Clause 1:

New employees and those hired after a break in continuity of

service will be regarded as probationary employees for their

____ year(s) of service and will receive no continuous service

credit during such period. A probationary Fire Fighter must

successfully complete the prescribed fire fighting training

course as required by the State of ___ prior to the completion

of their probationary period. As a condition of employment, a

new Fire Fighter must successfully complete the prescribed fire

fighting training course and the prescribed Emergency Med-

ical Technician training course, as required by the State of ___

prior to the completion of ____ years of service.

 Clause 2:

Section 1. EMT Certification

All employees hired on or after January 1, 20__ who

are required to have a Fire Fighter certificate shall be

required to maintain State of ____ EMT certification

in accordance with State of ______ requirements.

Section 2. Promotions

All employees promoted to the classifications of

Driver Operator, Lieutenant or Captain, or District

chief, on or after Jan. 1, 20__, shall maintain at least an

EMT level of medical certification.

Section 3. Fire Safety Inspector

All District Chiefs, currently certified as such, shall be

required to maintain Fire Safety Inspector certifica-

tion, in accordance with State of ______

requirements.

Section 4. Recertification

The County shall pay State of ____ recertification fees

for full-time Fire Safety Inspector (including District

Chiefs), Paramedic and EMT recertification and shall

lso provide tuition reimbursement for employees

who take required recertification courses if such

course is not offered by the County. Any recertifica-

tion course required by the State of ____, and which

is not available to the employee while on duty, will be

taken by the employee while off duty and shall not be

considered as time worked. Any recertification course

required by the County, but which is not required by

the State of ______, and not available to the employee

while on duty, will be taken by the employee and shall

be considered as time worked.

Section 5. Paramedic Sponsorship

Any employee who accepts a position in the Para-

medic program under the County’s sponsorship

arrangement shall sign an agreement indicating that

the employee will remain certified and function as a

Department Protocoled Paramedic as a condition of

employment for a period of ___ years unless unable to

do so due to illness, injury, or other reasonable con-

dition. No employee will be required to give up

his/her bid position to attend the Paramedic program

and shall remain until the employee bids out, subject

to reassignment as a Paramedic on a temporary basis.

Additionally, these employees shall remain employed

for at least ____ years or repay the cost for the spon-

sorship as follows: if the employee voluntarily leaves

employment less than ____ year after completion, the

employee will repay the entire cost of the sponsorship;

if the employee voluntarily leaves employment within

____ years after completion, the employee will repay

___% of the cost of the sponsorship; if the employee

voluntarily leaves employment less than ____ years

after completion, the employee will repay ____% of

the cost of the sponsorship.

 Clause 3:

The Department may require any employee to become certified

or to re-certify as an Emergency Medical Technician (EMT). The

Department will pay for the cost of the employee’s salary, re-

quired textbooks, and required fees and approved expenses.

The Department will pay for or provide EMT recertification

training where it initially required EMT certification or a pre-

vious recertification. Payment shall be for the employee’s salary,

required textbooks, and required fees and approved expenses.

FAIR LABOR STANDARDS ACT

Provisions on the Fair Labor Standards Act are negotiated to

provide a compensatory time option to the employee for over-

time earned under FLSA. In addition, provisions are also

negotiated to ensure that paid leave is counted as hours worked

for purposes of computing overtime under FLSA.

Provided below are three sample clauses on both compensa-

tory time under the Fair Labor Standards Act and paid leave as

hours worked under the Fair Labor Standards Act.

ompensatory Time:

 Clause 1:

The employee may, in lieu of cash payments for all actual hours

worked in excess of ___ hours in a ___ day period for employ-

ees assigned to the three-platoon system, and hours worked in

xcess of 80 hours per bi-weekly pay period for employees as-

signed to a 40-hour work week, utilize compensatory time

calculated at one and one-half (1 1/2) times the excess hours

worked. Thereafter, accumulated compensatory time may be

taken off by the employee with the approval of the Fire Chief.

Accumulated compensatory time off shall be taken off within

a reasonable period of time after it is earned and shall in no

event necessitate an overtime situation nor create an undue

hardship in scheduling or maintaining operations. If compen-

satory time cannot be taken off within a reasonable period of

time after it is earned, the employee may elect to be paid the

overtime compensation or to allow the time to carry-over not

to exceed a maximum of ___ hours of accumulated compen-

satory time.

Employees who wish to be paid for their accumulated com-

pensatory time may request such payment from the Employer

up to a maximum of _____ hours per year payable at such em-

ployee’s 40-hour base rate of pay. Payment for accumulated

compensatory time shall be made pursuant to procedures mu-

tually agreed upon by the Employer and the Union.

 Clause 2:

Hours worked in excess of ___ hours, shall be compensated at

1 1/2 times the regular rate as defined by the FLSA.

The method of compensation shall be as follows:

(1) Cash or compensatory time at the employee’s option for all

hours worked in excess of the regular schedule during the

work period shall be compensated at the rate of one hour

for each hour worked plus

(2) At the conclusion of the work period, cash for the hours

over _____, shall be paid at 1/2 times the regular rate, except

hours which have already been compensated at 1 1/2 time

(e.g., emergency recalls and court time).

Employees may request conversion of banked compensatory

time to cash at any time during the year. Such conversion shall

be granted subject to the availability of budgeted funds.

Such compensation shall be paid at the regular rate at the time

such payment is made. It will not be made during any period

in which the regular rate is increased due to special compensa-

tion (e.g., court standby or non-regularly assigned bonuses).

This provision shall not preclude the City from converting

banked time to cash. No employee shall lose banked compen-

satory time under any circumstances.

 Clause 3:

Any time worked in excess of the regularly scheduled work

week as defined in previous paragraph, shall be considered

overtime. All employees except the Chief of the Department

shall be compensated for authorized overtime work in cash or

compensatory time as indicated by the Employee. Employees

lecting to receive compensation for overtime work in cash,

shall be paid at the rate of time and one-half of their regular

hourly rate. Employees electing to receive compensatory time

off shall be granted it at a rate of double time. Effective ______,

20___, employees shall be granted compensatory time off at

he rate of time and one-half. Employees hired after ________

and prior to _______, shall have a maximum accumulation

total equal to their compensatory time off bank as of ________

plus 750 hours. When compensatory time is desired, the Em-

ployee will determine, subject to the approval of the Chief,

when it shall be taken. All compensatory time must be taken in

a minimum block of ______ consecutive hours when requested

between the hours of ____-______.

Paid Leave as Hours Worked:

 Clause 1:

Overtime is defined as all hours worked in excess of the regu-

larly scheduled work week. All overtime shall be reported in

increments of _____ minutes and is non-accumulative and

non-payable when incurred in units of less than ______ min-

utes. Holiday leave, sick leave, vacation leave and court time

shall be considered as time worked for purposes of computing

overtime compensation.

 Clause 2:

All benefit time, such as holidays, sick leave, vacation, etc., shall

be counted as hours worked for overtime purposes. Benefit

time is compensated leave time for which an employee does

not actually work.

 Clause 3:

Any 24/48 hours employee required to work more than 212

hours during the employees’ scheduled 28-day work period

shall be paid at the rate of one and one-half(1 ½) times his/her

regular rate of pay for said additional hours, however, all other

hours shall be paid pursuant to the provisions of the FLSA or

in accordance with any applicable section of this agreement.

Sick hours shall be counted as hours worked for the purpose

of calculating overtime.

Vacation days shall be counted as hours worked for the pur-

pose of calculating overtime.

FIREPAC

FIREPAC is the IAFF’s political action committee (PAC) and

an integral part of the IAFF’s efforts to promote the legislative

and political interests of all professional fire fighters and

paramedics at the federal level. FIREPAC’s mission is to educate

members of Congress about issues important to fire fighters

and emergency medical personnel and to help elect candidates

to office that support those issues.

FIREPAC contributions may be addressed in a collective

bargaining agreement similarly to a dues checkoff.

 Clause 1:

The City will also provide payroll deduction to members for

FIREPAC (or other political action committee identified by the

Union).

FOOD ALLOWANCE

Food allowance clauses are negotiated because there is a re-

quirement that Fire Fighters eat at the fire house which

necessitates reimbursement for meals.

Model contract language:

The Employer shall grant each employee a food allowance of

$_____ payable (monthly, quarterly, annually, etc.).

Provided below are three sample food allowance clauses:

 Clause 1:

Employees covered hereby who are on a twenty-four (24) hour

duty schedule shall receive an annual food reimbursement per

employee of $_______.

Employees who serve less than _____ months of regular full

time duty during any fiscal year shall receive a pro-rated share

of the annual food reimbursement. Such pro-rated share shall

be computed to the nearest full month of completed regular

service. Food reimbursement amounts shall be paid by the City

during the first _____ weeks of August of each fiscal year.

 Clause 2:

The meal allowance shall be $_____ for every shift worked (___

shifts per pay period).

 Clause 3:

Meal Allowance – Shift employees shall be paid $____ per 24-

hour shift scheduled or $_____ for each 12-hour period worked.

HEALTH INSURANCE

Health insurance clauses are negotiated so that a detailed ex-

planation of benefits is provided to the employee in the

Collective Bargaining Agreement. Health insurance clauses in-

clude: employer/employee contributions for both single and

family health insurance plans, and employer/employee contri-

butions for retiree insurance. In addition to general health

insurance benefits, detailed information is often provided on

dental, vision and prescription benefits.

Model contract language:

The Employer shall pay 100% of the cost of the premium for

the employee and his/her dependents for (list insurance plans).

The following are the major types of health care insurance that

may be included in a medical insurance program:

HOSPITALIZATION - This type of insurance covers the

daily room and board charged while an employee or

his/her dependents are in the hospital. It covers other

charges made by the hospital for medical care, such as the

use of operating room, x-rays, anesthesia, laboratory ex-

aminations, medicines, etc.

If the fire fighter or dependents are not confined to a hos-

pital, charges made by the hospital for emergency care or

surgery are covered.

SURGICAL - This insurance is to help meet the expense of

a surgical procedure and the fee charged by the surgeon.

EDICAL EXPENSE — Covers the cost of medical treat-

ment by a physician as a result of an injury or sickness

while confined to a hospital or a home visit.

MAJOR-MEDICAL — Major-medical insurance is in ad-

ition to a basic plan and includes benefits for the

so-called catastrophic or disaster type of illness or injury.

It reimburses the employee or dependents for expenses

in excess of benefits received under a basic plan.

DENTAL - This insurance covers charges by a dentist for

an examination for “checkup” purposes as well as for in-

juries, dental defects or disease and may include the

following:

 Routine Oral Exams

 Prophylaxis

 Oral Exam

 X-Rays

 Diagnosis

Services or treatment which may include the following

may be covered:

 Fillings

 Crowns

 Dentures & Bridges

 Extractions and Other Oral Surgery

 Periodontal Treatment

 Root Canal Therapy

 Orthodontic Treatments

PRESCRIPTION DRUG - Covers the expense for the

drugs prescribed by a physician because of an injury or

sickness.

VISION - Covers charges for examination, lenses, in-

cluding contact lenses, tinted lenses and sunglasses and

eyeglass frames.

Provided below are three sample health insurance clauses:

 Clause 1:

Section 1. Health Insurance

A. Effective July 1, 20___, Management agrees to con-

tinue to expend a monthly sum not to exceed

$_____ per month toward the cost of any City spon-

sored insurance plan approved by Management and

the Union. The amount applied to the employee-

only coverage will be the actual amount required,

not to exceed $_____ per month.

B. Management will apply the subsidy first to the em-

ployee’s coverage. Any remaining balance will be

applied toward the coverage of the employee’s de-

pendents under the plan. The definition of a

dependent shall include the domestic partner or an

employee and the dependents of such domestic part-

ner. Any employee claiming a domestic partner

and/or dependents of such domestic partner shall

complete a confidential affidavit to be filed with the

Employee Benefits Office, Personnel Department,

which shall be signed by the employee and the do-

mestic partner, declaring the existence of that

domestic partnership. By extending to an employee

he specific benefits defined by this Article, the City

does not intend to confer or imply any other un-

specified benefits to such employee, or to the

employee’s domestic partner, or to the dependents of

such domestic partner.

C. During the term of the Memorandum of Under-

standing the City will increase the maximum

monthly contribution by an amount equal to the

whole dollar amount increase in the three-party

rate, except for employee-only coverage. Increases in

this monthly contribution shall be effective at the

beginning of the payroll period in which the City

yearly premium rate change is implemented.

D. During the term of the Memorandum of Under-

standing, the City will increase its monthly

contribution for employee-only coverage by the

whole dollar increase in the City single-party rate.

Increases in this monthly contribution shall be ef-

fective at the beginning of the payroll period in

which the City yearly premium rate change is im-

plemented.

E. The City shall provide funds to subsidize the cost of

health plan premiums for the spouse, minor, de-

pendents and dependent children of any employee

who dies while on active duty from injuries incurred

while performing his or her job duties or who dies as

a direct cause of such injuries. The maximum

amount of the subsidy shall not exceed the amount

provided to active members covered by this Memo-

randum of Understanding. These provisions are not

applicable to members who are not on duty or who

have not completed Drill Tower training at the time

of the injury which results in their death. The sub-

sidy to the spouse shall cease upon remarriage of the

spouse, and for minor dependents the subsidy shall

cease upon their attaining the age of 18 years, or for

dependent children when they cease to be dependent

as defined in Charter Section _____. Only a spouse

and/or dependents covered under a member’s plan

at the time of death shall be eligible for the subsidy.

Upon application by a spouse or dependent for this

benefit, a Committee comprised of representatives

of the Personnel Department, the Fire Department,

and City Administrative Officer shall jointly deter-

mine whether the circumstances of the member’s

death qualify the member’s spouse/dependents for

the benefit provided under this Section. The deci-

sion of this Committee shall be final and binding,

and not subject to further appeal.

F. Management will retain all duties and responsibili-

ties it has had for the administration of the City’s

Health Insurance Plans. ___________ hereby agrees

to defend, indemnify and hold harmless the City and

its departments, officers, employees and agents from

and against all suits and causes of action, claims,

losses, demands and expenses, including attorney’s

fees and costs of litigation, damage or liability of any

nature that may arise out of or result from the pay-

ment made by the City pursuant to this

emorandum of Understanding or for any action

or failure to act by the _______________ Fire-

fighter’s Relief Association or any other carrier

regarding or related to the coverage or services pro-

vided by such carrier described by the agreement

etween the carrier and its members.

G. Special Retiree Health Subsidy

Upon effective date of the enabling ordinance,

members who retire on a service or service-con-

nected disability pension who are at least age 55 shall

receive the following benefit:

Years of Service Benefit

___ - ___ years $____ per month

___ & over $____ per month

For employees who retire after July 1, 20___, the fol-

lowing benefit shall be provided:

Years of Service Benefit

___ - ___ years $____ per month

___ & over $____ per month

This benefit subsidy amount shall not, in any case,

exceed the cost of the health plan option selected by

the retiree. To receive this subsidy, the retiree must be

in a City approved health plan. A retiree, who accepts

another City job after retirement from the Fire De-

partment and receives a City health insurance

subsidy through that job, is ineligible for this sub-

sidy. This subsidy shall be administered through the

Pension Department and will not be governed by the

Rules and Regulations of the City Health Insurance

Plan subsidy for active members.

H. Should either State or Federal statute(s) mandate

that the parties to this Agreement participate in a

National or State Health Care Plan or System, the

parties agree that the level of health care benefits

currently provided to the employees covered by this

Agreement will not be diminished nor will the em-

ployee’s cost for the maintenance of those benefits

be increased beyond that provided in this Agree-

ment.

Section 2. Dental Insurance

A. The City agrees to provide for each employee in the

Unit, who has filed with the City the appropriate

documentation of enrollment, the City-sponsored

dental insurance program. The full cost of the em-

ployee-only coverage will be borne by the City.

B. Effective at the beginning of the payroll period

following July 1, 20__, the City agrees to expend up

to $___ per month or the full cost of employee only

coverage, whichever is less, for employees enrolled

in any one of the following dental insurance

programs:

(a) ____________ Dental Plan

(

b) Group Dental Services

proved by Management for which an employee is

eligible.

C. During the term of this Memorandum of Under-

standing, Management’s monthly contribution shall

increase by the dollar amount increase in the

________________ General Dental Plan one-party

rate. Increases in this monthly contribution shall be

effective at the beginning of the payroll period in

which the ________________ General Dental Plan

yearly premium rate change is implemented. The

amount expended by the City will first be applied to

the employee’s coverage. Any remaining balance will

be applied toward the coverage of the employee’s de-

pendents, if any, if the employee is enrolled in one of

the Union plans. The definition of a dependent shall

include the domestic partner of an employee and the

dependents of such domestic partner. Any employee

claiming a domestic partner and/or dependents of

such domestic partner shall complete a confidential

affidavit to be filed with the Employee Benefits Of-

fice, Personnel Department, which shall be signed

by the employee and the domestic partner, declar-

ing the existence of that domestic partnership. By

extending to an employee the specific benefits de-

fined by this Article, the City does not intend to

confer or imply any other unspecified benefits to

such employee, or to the employee’s domestic part-

ner, or to the dependents of such domestic partner.

D. If the employee is receiving a subsidy on the opera-

tive date of this Memorandum of Understanding,

the employee will continue to receive the subsidy for

that dental plan, unless the employee submits a new

payroll deduction card.

E. The City subsidy for employees who change enroll-

ment or who enroll for the first time in any of the

Union sponsored plans will be applied toward in-

surance plan premiums scheduled for payroll

deduction in the first payroll period following the

employee’s enrollment.

F. The City will remit to the Union, at an address to be

specified by the Union, an aggregate amount equal

to the sum of the subsidy paid for those employees

enrolled in Union plans who are on the payroll dur-

ing each payroll period for which the subsidy is paid,

together with a list of those employees for whom the

subsidy is paid during said payroll period. Remit-

tance of this aggregate amount will be made within

thirty (30) working days after the conclusion of the

payroll period in which the subsidy was paid.

G. For those employees enrolled in Union-sponsored

plans, who authorize the City Controller to make a

payroll deduction to cover any additional costs of

such plans, the City will remit to the Union a sepa-

rate amount and an appropriate deduction list at an

address to be specified by the Union, in accordance

ith the provisions of Article ___, Payroll Deduc-

tions and Dues.

H. The City shall provide funds to subsidize the cost of

dental plan premiums for the spouse, minor depend-

nts and dependent children of any employee who dies

while on active duty from injuries incurred while per-

forming his or her job duties or who dies as a direct

cause of such injuries. The maximum amount of the

subsidy shall not exceed the amount provided to active

members covered by this Memorandum of Under-

standing. These provisions are not applicable to

members who are not on duty or who have not com-

pleted Drill Tower training at the time of the injury

which results in their death. The subsidy to the spouse

shall cease upon remarriage of the spouse, and for

minor dependents the subsidy shall cease upon their

attaining the age of 18 years, or for dependent children

when they cease to be dependent as defined in Charter

Section _____. Only a spouse and/or dependents cov-

ered under a member’s plan at the time of death shall

be eligible for the subsidy. Upon application by a

spouse or dependent for this benefit, a Committee

comprised of representatives of the Personnel Depart-

ment, Fire Department, and City Administrative

Officer shall jointly determine whether the circum-

stances of the member’s death qualify the member’s

spouse and/or dependents for the benefit provided

under this Section. The decision of this Committee

shall be final and binding, and not subject to further

appeal.

I.The City shall not be responsible for, nor expected to

provide any additional accounting, administrative,

bookkeeping, clerical or other services except as pro-

vided for in this article, and that the Union assumes all

responsibility for any services which may arise out of

the administration of these plans.

J. The Union shall indemnify, defend and hold the City

harmless against any and all claims, demands, suits or

other forms of liability that shall arise out of or result

from any action taken by the City for purposes of com-

plying with this Article, or failure of the Union or its

dental carriers to provide the coverage and services

agreed to between the Union and the carriers.

K. Management will retain all duties and responsibili-

ties it has had for the administration of the City’s

Dental Insurance Plans.

 Clause 2:

Section 1. The City shall provide and pay for health benefits for

all employees and their enrolled dependents as follows:

(A) Medical Benefits in accordance with the City of

____________Board of Educational Medical Plan (including

“Section V – Schedule of Benefits), which shall be incorporated

by reference to this agreement and attached as an Appendix

____.

(B) Drug Prescription family plan with a ___ dollar co-pay-

ment per prescription and an annual maximum of _______

er enrolled member per plan year. For additional prescrip-

tion drug charges, ____% will be paid under the plan and

____% will be paid by the employee without annual maximum.

The “Drug Prescription Plan” shall be incorporated by refer-

ence to this agreement and attached as an Appendix ____.

its equivalent, excluding orthodontia, in accordance with

the City of __________Dental Plan (“Plan 25”) which shall

be incorporated by reference to this agreement and at-

tached as an Appendix ______.

(D)The “Vision Service Plan”, or its equivalent, in accordance

with Vision Care Benefits for the City of __________ Vi-

sion Plan which shall be incorporated by reference to this

agreement and attached as Appendix _____.

(E) The City may offer a plan option that enables employees to

receive improved benefits and administration through a

network of participating providers.

Section 2. The City shall provide and pay for the cost of a

Group Life Insurance Policy and shall be rounded to

the nearest one thousand dollars ($1,000) which

shall be equal to the highest top grade of Fire

Fighter’s wages listed during the last year of this

agreement.

Section 3. Whenever an employee covered by this agreement is

suspended, the premium on all insurance policies shall

be paid throughout the period of suspension,all health

benefits provided under Section ____ and insurance

provided under Section ____. Whenever an employee

covered by this agreement is terminated, such benefits

and insurance shall be provided throughout the pe-

riod of termination by the City of _______, provided

that the employee has appealed or grieved the termi-

nation within the time limits set forth in the

disciplinary and/or grievance procedure of this agree-

ment, and for that period of time until a final decision

on such grievance has been rendered by the arbitra-

tor(s). Any termination that is sustained by the appeal

or grievance process shall result in the employee in-

curring a debt, promptly due, for the Premium and

insurance premiums paid during such period of ter-

mination. For the purposes of this Section (and

wherever applicable elsewhere in this Article), “Pre-

mium Cost” shall be defined as either the actual

premium cost paid for such coverage or if the City does

not pay an actual premium cost, then the pseudo pre-

mium cost as developed by an independent third party

administrator for purposes of establishing premiums

pursuant to the Comprehensive Omnibus Budget Re-

duction Act (“COBRA”). Such pseudo premium cost

shall not include the two percent (2%) administrative

fee permitted under COBRA.

Section 4. The City shall be permitted to substitute insurance

arrangements from any source for the Plans pro-

vided for in Section ____. Such substitutions shall

be permitted if the substituted coverage offers ben-

efits and methods of administration, processing and

payment of claims at least equal to those specifically

rovided for in Section ____. Before the City may

substitute, it must negotiate the substitution with the

Union. If the union does not agree to the substitu-

tion, the City must claim the matter for arbitration

in accordance with the single member panel rules for

he American Arbitration Association. The Arbitra-

tor will order the substitution, if after weighing the

total benefits and methods or administration, pro-

cessing and payment of claims offered by the City’s

proposal against the total benefits and methods of

administration, processing and payment of claims

offered by the plans specified in Section _____, the

arbitrator finds that the average bargaining unit

member will, on an overall basis, benefit at least as

well under the proposed substituted coverage. Noth-

ing herein shall require the City to propose total

substitutions for the coverage provided in Section

____ of this Article and substitution may be pro-

posed for any one or more of the specified coverages.

Section 5. The City shall provide a payment in lieu of health ben-

efits provided under Section ____ for employees that

waive such coverage in the amount of ______ dollars

per year, which shall be paid twice a year in equal por-

tions during the months of July and December.

Section 6. The parties shall continue to work through the

Labor-Management Cooperate Committee on

health care, which may modify but not substantially

change the health coverage as provided herein.

Section 7. Each active employee and each employee who has

retired or will retire on or after the execution date of

this agreement shall contribute toward the Premium

Cost for the medical coverage (not including life, vi-

sion or dental coverage) by a weekly payment in

accordance with the following schedule:

Date Date Date

Employee $_____ $_____ $______

Two Persons $_____ $_____ $______

Family $_____ $_____ $______

Section 8. The City has implemented and shall maintain a cafe-

teria plan pursuant to Section 125 of the Internal

Revenue Code for all active employees so as to facil-

itate deduction of the amounts contributed for

insurance from the gross income of the employee for

tax purposes.

Section 9. Retirees prior to the execution date of this agreement

and their surviving spouses, if any, will receive bene-

fits for health care as defined in the plans in existence

under the contract which governed their retirement

and make contributions to coverage, if any, in accor-

dance with such contract. Nothing herein shall

prohibit the City from modification of such coverage

by agreement with the individual retiree.

For employees who retire subsequent to the execu-

tion date of this agreement and prior to _____, 20__,

and their surviving spouses, if any, the City will pro-

vide and pay for benefits under their Medical Plan or

edicare Part B and the supplemental plan to

Medicare Part B offering benefits equal to Medical Plan.

Such retirees and their surviving spouses, if any shall

make the employee contribution to coverage provided

herein. Coverage for surviving spouse shall terminate

pon remarriage. Benefits and contributions shall be

set forth or as said benefits and contributions may be

changed by agreement of the City and the retirees.

For employees who retire on or after _____, 20__,

and their surviving spouses, if any, the City shall pro-

vide and pay for the same benefits for medical care

as provided for the active employees as the same may,

from time to time, be modified under collective bar-

gaining agreement or, if appropriate due to age,

Medicare Part B and Medicare Supplemental Plan to

the extent required. Retired employee contributions

shall be equal to the amount of such contributions at

retirement.

If any employee who retires on or after _____, 20__,

shall have available a health care plan through sub-

sequent employment of the retiree or through the

retiree’s spouse, such retiree shall apply for, and if el-

igible for primary coverage under such plan, obtain

such coverage, provided such coverage shall not ex-

ceed in premium cost and/or contribution for the

retiree the cost which the retiree would have paid to

the City for a health care plan except as provided

below. The retiree shall not take advantage of any

buy-out program in such alternative plan. The retiree

and the retiree’s spouse shall remain in the City’s plan

even if other coverage is obtained but the City’s cov-

erage shall be secondary so long as such other

coverage is available. In the event that the retiree’s

premium cost and/or contribution for such alterna-

tive plan would be more than the retiree’s payment

for the City’s plan, and the City shall not have exer-

cised an option to reimburse the retiree, or surviving

spouse for such additional cost, the health care plan

provided by the City of ______ shall become primary

for the retiree and the retiree’s spouse.

 Clause 3:

Section 1. Insurance Program. The City shall continue to pro-

vide all full-time employees with comprehensive

major medical, prescription drug, vision care, den-

tal care and life insurance. Employees shall become

eligible for medical, prescription drug and life in-

surance benefits on the first of the month following

their hire date. If hired on the first day of the month,

the employee’s coverage will begin immediately.

Employees hired on or after November 1, 20__ must

complete one (1) year of continuous City service be-

fore qualifying for dental and vision benefits.

The pre-existing Prepaid Legal Services Plan appli-

cable to employees shall remain in effect until

February 1, 20__, at which time it shall be discon-

tinued for all employees.

ection 2. Employee Benefit Booklet.

he City shall provide an

updated Employee’s Benefit Booklet to all employ-

ees which will explain and list all services covered by

this Article as negotiated in bargaining leading to this

contract.

Section 3. Liability Coverage

. The City recognizes that Chapter

____ of the State Revised Code is applicable to all

uniformed personnel of the Division of Fire and

provides liability protection for such personnel when

engaged in the operation of a motor vehicle in the

performance of a governmental function.

Section 4. Life Insurance. The City shall provide term life in-

surance in the amount of one times the employee’s

annual salary in effect at that time, for all eligible

full-time employees less than 65 years of age. Full-

time employees sixty-five (65) to seventy (70) years

of age shall receive term life insurance in the amount

of sixty-five percent (65%) of the employee’s annual

salary in effect at the time of death. Full-time em-

ployees seventy (70) years of age and over shall

receive term life insurance in the amount of thirty-

nine percent (39%) of the employee’s annual salary

in effect at the time of death.

Section 5. Cost Containment. The term “employee” as it per-

tains to this Section shall mean the employee and all

of his/her eligible dependents.

(A) 1. The following modifications will be effective January 1,

20__, or three (3) months after settlement of the Contract,

whichever occurs later, unless otherwise specified:

a. A $____ annual deductible with an 80/20 percent coinsur-

ance of the next $_____ in UCR charges or $____, for a total

out-of-pocket maximum of $____ per single contract per

year. Covered charges above $_____ will be paid 100% by the

Plan under the usual, customary and reasonable standard,

subject to Plan limitations.

b. A $_____ annual family deductible with an 80/20 percent

coinsurance of the next $______ of UCR charges or $____,

for a total out-of-pocket maximum of $____ per family con-

tract. Covered charges above $_____ will be paid 100% by

the Plan under the usual, customary and reasonable stan-

dard, subject to Plan limitations.

c. For new hires and eligible dependents, a pre-existing condi-

tion clause will apply. In the event medical care or

consultation is sought or received within six (6) months prior

to the employee’s effective date of coverage, the medical con-

dition will not be payable for twelve (12) months from the

effective date with the City.

d. Provide coverage for routine mammogram up to a maxi-

mum of $___, subject to the deductible, coinsurance and

out-of-pocket maximums according to the following fre-

quency.

-one baseline exam for women 35-39 years old;

-one exam every 2 years for women age 40-49;

-one exam every year for women age 50 and over.

e. Prescription drug deductible charges are not payable under

this medical contract.

f. Subject the outpatient surgery payments to the deductible,

o-payments and out-of-pocket maximums.

(B) Limitations. The following limitations apply:

1. Inpatient alcohol or drug treatment (substance abuse) lim-

ited to one confinement per calendar year, per individual,

with no more than 35 calendar days per confinement.

2. Inpatient psychiatric treatment limited to a 60 day maximum

per calendar year.

3. Outpatient alcohol or drug treatment (substance abuse) pay-

ments limited to 50% of $_____ in charges per calendar year

per individual.

4. Outpatient psychiatric payments limited to 50% of $____ in

charges per calendar year per individual.

5. The $_____ supplemental accident insurance provision will

no longer be in effect.

ent is informed that a non-emergency inpatient admission

is necessary, including psychiatric/substance abuse treat-

ment, the admission must be pre-certified by the City’s

medical utilization review administrator. If no pre-certifi-

cation is made or the inpatient admission is determined

not to be medically necessary, a ten percent (10%) penalty

will be applied to total charges in addition to the de-

ductible, coinsurance, and out-of-pocket maximum

provisions. In the event the care is determined to be med-

ically unnecessary, the employee will be responsible for all

charges for medically unnecessary care.

(D) Emergency Admissions. Emergency inpatient hospital con-

finements including inpatient psychiatric treatment must

be certified within 48 hours of admission or a ten percent

(10%) penalty will be applied to total charges in addition

to the deductible, coinsurance and out-of-pocket maxi-

mum. In the event the care is determined to be medically

unnecessary, the employee will be responsible for the cost

of all medically unnecessary care.

(E) Assigned Length of Stay (Concurrent Review). Once an

elective admission has been pre-certified, a length of stay is

assigned. Written notification of the certified stay should

be sent to the employee, hospital and attending physician.

If the hospital stay extends beyond the assigned length of

stay, the employee will be responsible for all additional

charges of medically unnecessary care, in addition to the

deductible, coinsurance and out-of-pocket maximum pro-

visions. Medically necessary care will constitute

justification for certification of a length of stay extension

by the utilization review administrator.

(F) Mandatory Second Surgical Opinion. For all inpatient and

outpatient non-emergency surgeries, a second surgical

opinion may be required as directed by the Utilization Re-

iew Administrator. This second opinion shall be covered at

one hundred percent (100%) of the usual, customary and

reasonable (UCR) charges. If the first two opinions conflict,

a third opinion shall also be covered at one hundred percent

(100%) of UCR charges. If a second opinion is not obtained

or the surgeries, a ten percent (10%) penalty of total

charges shall be applied, in addition to the deductible, coin-

surance and out-of-pocket maximum provisions.

(G) Based on medical information obtained prior to the sur-

gery, the City’s medical utilization review administrator

may waive the mandatory second surgical opinion re-

quirement in specific cases.

(H) Continued Treatment and Technological Review. Certain

outpatient non-emergency therapy, outpatient continued

treatment, and advanced technological treatments recom-

mended by an employee’s attending physician will require

the City’s medical utilization review administrator’s ap-

proval. These treatments will include:

1. Therapy

a. Physical Therapy

b. Occupational Therapy

2. Advanced Technological Procedures

a. Cesarean section

b. Magnetic resonance imaging (MRI)

c. Lithotripsy

d. Ultrasound imaging during pregnancy

e. Angioplasty

3. Treatment

a. Chiropractic

b. Podiatric

Once the employee’s physician informs the employee that it is

medically necessary for the employee to receive physical ther-

apy, occupational therapy, chiropractic treatment or podiatric

treatment on an ongoing basis, the employee must contact the

City’s medical utilization review administrator to obtain con-

tinued treatment authorization. Also, if the employee’s

physician instructs the employee to receive any of the listed ad-

vanced technological procedures, it is necessary for the

employee to contact the City’s utilization review administrator

to obtain pretreatment authorization.

In the event the employee does not obtain authorization for

continued therapy, treatment, or technological review, the em-

ployee will be responsible for 10% of the total charges, in

addition to the deductible, coinsurance and out-of-pocket

maximum. In the event the care the employee receives is de-

termined to be medically unnecessary, the employee will be

responsible for the cost of all medically unnecessary care.

(I) Medical Case Management. This program allows a consult-

ant to review a patient’s medical treatment plan to

determine whether the covered person qualified for alter-

nate medical care. The determination of eligibility for a

patient’s medical case management will be primarily based

upon medical necessity and appropriate medical care. Rec-

ommendations will be made to the family and health care

providers; however, the decision to receive alternate med-

cal care rests with the employee and the physician. The uti-

lization review administrator will recommend alternate

medical treatment on a case-by-case basis. Alternate medical

treatment benefits refer to expenses that are approved before

they are incurred, which may not otherwise be payable as

overed expenses under the medical plan.

(J) Planned Discharge Program. In the event an employee or

dependent is hospitalized and it is determined that hospi-

talization is no longer needed, this program allows the

patient to receive care in the most medically appropriate

setting. The decision to receive alternate medical care rests

with the employee and the physician.

(K) Home Health Care and Hospice Care. Establishment of a

hospice care program to be paid 100% by the City subject

to the usual, customary and reasonable standard. Home

Health Care will be paid at 100% of UCR charges. Services

rendered by a hospice care program will be covered up to

a maximum of sixty (60) days.

(L) Hospital Bill Review. If an employee reviews his/her hospi-

tal bill and discovers overcharges by the provider, he/she

will receive 50% of the reimbursed overcharges up to a

maximum of $____ per employee per confinement, upon

verification of such overcharges by the third party admin-

istrator.

(M) Prescription Drugs.

1. Under the prescription drug ID card program a $____ de-

ductible will apply to generic prescription drugs or brand

name drugs if no generic substitution is available. Brand

name drugs, if a generic substitute is available, are not cov-

ered under the program, unless a brand name drug is

medically necessary.

2. Limit dispensing amount to a 34 day supply.

3. Mail order prescription drugs will be limited to a ___ day

minimum and ___ day maximum. Under the mail order

program, a $____ deductible will apply to generic drugs or

brand name drugs if no generic substitution is available.

Brand name drugs, if a generic substitution is available, are

not covered under the program.

4. Maintenance drugs will be required to be obtained through

the mail order program. The original prescription with no

refills may be purchased locally but subsequent refills must

use the mail order program.

5. Additional Services Not Covered:

Drugs deemed not medically necessary

Misuse of Prescription Drug Program. Misuse or abuse of the

prescription drug program, verified by the appropriate law en-

forcement agency, may result in suspension of the employee’s

prescription drug card for a period of twelve (12) months. As

used herein, verification of misuse or abuse of the prescription

drug program occurs when the appropriate law enforcement

agency files criminal charges against the employee or depend-

ent, or refers (diverts) the employee or dependent to a

ounseling and rehabilitation program in lieu of criminal

charges. If the employee/dependent is found not guilty, the pre-

scription drug card shall be reinstated.

(N) Dental Pretreatment Review. The City will enter into, and

ay 100% of the cost of, a contract with a Dental Pretreat-

ment Review Administrator. The program will operate, as

follows: The employee’s dentist recommends certain den-

tal care and then submits to the insurance carrier a

pretreatment review form furnished to the dentist by the

employee. The form is submitted to the Administrator and,

within three (3) to nine (9) days, the Administrator mails

the results of its review to the patient, the dentist and the

insurance carrier. The patient and dentist then schedule a

date for the approved dental care. If the employee elects to

have the dental work performed without, or contrary to

the review, the standard deductible and 75%-25% co-pay-

ment provisions will not apply. Instead, there will be a

straight 50%-50% co-payment from the first dollar of

charges also based upon the usual, customary and reason-

able standard. Such pretreatment review will cover the

following dental procedures:

(1) Crowns

(2) Inlays or onlays

(3) Bridges

(4) Partial or full dentures

(5) Impactions

(6) Periodontal surgery exceeding $250.00

(7) Orthodontic treatment

(8) Oral surgery

(9) Temporomandibular joint treatment

(10) All dental claims exceeding $250.00

(11) All major medical dental claims exceeding $250.00

(O) Awarding Contracts. Every effort will be made by the City

to award the contracts for Medical Utilization Review and

Dental Pretreatment Review to local companies. If this is

not feasible, the City will require that companies awarded

the contracts will maintain a local representative. This is

to ensure that all forms will be reviewed at a local level.

Section 6. Physical Examinations

(A) For eligible employees, the City will pay 90% of $___ in

UCR charges for routine physicals. For dependents, the

City will pay 80% of $____ in UCR charges. A stress test

will not be payable under the physical examination bene-

fit unless deemed medically necessary. If a stress test is

deemed medically necessary, the City will pay 80% of

$____ in UCR charges for the stress test and stress test in-

terpretation.

(B) Annual physical examinations shall exclude routine check-

ups such as, but not limited to, eye examination, pap

smears and immunizations.

the deductible, and coinsurance provisions under Section

5 (A) and (B).

ection 7. Dental

(A) Dental general anesthesia administered by the dentist is a

covered service.

(

B) The maximum amount this contract will pay for covered

dental expenses, except orthodontics, for one person in one

benefit year is $_____.

allowance, up to a maximum payment of $_____.

Section 8. Vision

. The following non-panel reimbursement

schedule will apply:

Professional Fees

Examination, up to $____

Materials (Pair)

Single Vision Lenses, up to $____

Bifocal Lenses, up to $____

Trifocal Lenses, up to $____

Lenticular Lenses, up to $____

Frames, up to $____

Contact Lenses

(In place of all other benefits for the benefit period.)

Necessary $_____

Cosmetic (elective) $_____

Increase panel wholesale frame allowance proportionately.

Section 9. Communicable Disease Testing. At no charge to the

employee, the City shall contract with a twenty-four

(24) hour medical facility to test Fire Fighters who

may have been exposed to communicable diseases

while in the performance of their duties.

Section 10. Premium Contributions. Effective June 1, 20__,

employees will be charged a monthly premium for

participating in the City’s insurance program of

______ dollars ($___) per month for single cover-

age and ______ dollars ($____) per month for

family coverage. Such premiums shall be paid

through an automatic payroll deduction.

Section 11. Pre-tax Benefits. Effective no later than January 1,

20__, an initial enrollment will be offered to full-

time employees who choose to participate in a

Pre-tax Dependent Care and Pre-tax Insurance Pre-

mium Program offered by the City or its appointed

Administrator. Subsequent enrollments will be of-

fered to new employees at the time of hire; existing

employees may enroll during Open Enrollment

month each year.

Insurance Premiums. Each participant who elects

to pre-tax the monthly insurance premium must

complete the necessary election form which au-

thorizes the City payroll to pre-tax that premium.

Dependent Care Program. Each participating em-

ployee who elects to enroll in the Dependent Care

Program will determine an amount to be pre-taxed

biweekly through payroll deduction. The annual

pre-tax limit, determined by each participant, shall

not conflict with IRS limits identified in Internal

Revenue Code. Amendments to the annual pre-tax

maximum can only occur during Open Enrollment

month, on the annual plan renewal date, or when a

change in status occurs. Participants will submit al-

lowable claims to the City’s Plan Administrator.

Remittance from the participant’s Dependent Care

account will be sent directly to each plan partici-

pant. Amounts for which a participant does not

have an eligible claim will be forfeited at the end of

each plan year.

These Pre-tax plans will remain in effect so long as

they continue to be authorized by the

Internal Revenue Code.

Section 12. PPO. The City intends to implement medical and

prescription drug Preferred Provider Organiza-

tion(s) (PPO’s) City-wide effective on or about

February 1, 20__. The Union reserves its right to

bargain about such PPO’s, utilizing the procedure

of Mid-Term Bargaining as set forth in this Con-

tract. If the Union exercises that right following

notice from the City under this Contract, no PPO

will be implemented with respect to employees in

this bargaining unit or their dependents until that

mid-term bargaining process is completed and in

accordance with its results. The IAFF will be in-

cluded in any labor-management committee that

may be formed to survey PPO options and/or pro-

vide input to Risk Management. Such participation

in any labor-management committee shall be in ad-

dition to, not in lieu of, the bargaining rights

specifically reserved by the Union in this Article.

HOLIDAY PAY/LEAVE

The number of holidays and compensation either in cash

and/or time off received for holidays, is specified within the

collective bargaining agreement.

Model contract language:

The following Holidays are those which shall be recognized

and observed: (Select the appropriate holidays).

New Year’s Day; Lincoln’s Birthday; Washington’s Birthday;

Good Friday; Easter Sunday; Easter Monday; Memorial Day;

Independence Day; Labor Day; Columbus Day; Veteran’s Day;

Thanksgiving Day; Christmas Day; Victoria Day; Civic Holi-

day; Remembrance Day; Dominion Day; Boxing Day;

Birthday of Reigning Monarch, and any other holiday declared

by the Federal, State, Provincial and Municipal Governments.

(Choose the appropriate phrase[s].)

A. In the event a holiday falls on a Saturday, the preceding Fri-

day shall be observed. In the event a holiday falls on a

Sunday, the following Monday shall be observed.

B. Employees who actually work on a holiday shall be com-

pensated at a rate of (formula) for the entire shift.

Employees who are not scheduled to work on the holiday shall

be compensated at the rate of (formula).

C. Employees shall receive annually _____ compensatory

hours in lieu of paid holidays.

D. Employees shall receive $ _____ paid in a lump sum on

January 1 of each year in lieu of paid holidays.

E. Employees who work overtime on a holiday will be paid

(formula) time for all hours worked on overtime.

F. In addition to the described holidays, two (2) floating holi-

days shall be observed which shall be added to the

employee’s holiday leave.

Provided below are three sample holiday clauses:

 Clause 1:

(A) Members of the bargaining unit in the fire fighting and fire

alarm divisions whose shift begins on the following named

holidays and who actually work on that holiday shall be

compensated at the rate of _____ the hourly rate for the

first ____ hours of the shift which starts on the holiday.

(B) Members of the bargaining unit in the fire fighting, fire

alarm, and fire academy divisions who are not scheduled

to work on the holiday shall be paid ____ hours of straight

time pay at their regular rate, provided they are on pay sta-

tus for their regularly scheduled work day before and their

regularly scheduled work day after the holiday. Other bar-

gaining unit employees shall be paid at the rate of ____

hours for the unworked holiday provided they meet the re-

quirements of this Subsection.

holiday will be paid double time for all hours worked on

overtime.

The holidays are:

 N

ew Year’s Day, January 1

 Martin Luther King Day, 3rd Monday in January

 George Washington’s Birthday, 3rd Monday in February

 Memorial Day, last Monday in May

 Independence Day, July 4th

 Labor Day, first Monday in September

 Veteran Day, November 11

 Thanksgiving Day, fourth Thursday in November

 Christmas Day, December 25

If any new holiday not presently granted to other City em-

ployees, either on a continuing basis or for a special event, is

granted to all other city employees it shall be deemed to be a

holiday under this Memorandum. The City further agrees that,

in the event that the State of ________ or the Federal Govern-

ment formally recognizes September 11

(9/11) as a State or

National Holiday, September 11

will be added to the above list

of holidays.

 Clause 2:

The City agrees to incorporate into this Memorandum the ben-

efits provided under Administrative Regulation ___ as

amended, indicating the following holidays:

 New Year’s Day

 Martin Luther King’s Birthday

 President’s Day

 Memorial Day

 Independence Day

 Labor Day

 Veteran’s Day

 Thanksgiving Day

 Friday after Thanksgiving

 Christmas Eve Day (__ hours for 56 hour employees

and __ hours for 40 hour employees.)

 Christmas Day ___ Personal Leave Days*

* After ___ months of continuous service, personal leave days

shall be credited to the employee’s compensatory time.

Employees working a 56 hour schedule shall receive ____ hours

pay per each holiday.

(B) Employees will continue to receive holiday pay while on in-

dustrial leave.

with less than ____ years shall be increased to _____hours

per month, or the forty (40) hour equivalent. Vacation ac-

crual for all other employees shall remain the same as

currently authorized.

 C

lause 3:

Recognized Holidays

The following holidays are those which shall be recognized and

bserved:

 New Year’s Day

 Martin Luther King’s Birthday

 Lincoln’s Birthday

 Washington’s Birthday

 Memorial Day

 Independence Day

 Labor Day

 Columbus Day

 Veteran’s Day

 Thanksgiving Day

 Christmas Day

 Flag Day (June 14

Holidays will be observed on the day designated by the City for

observance.

*Flag Day (June 14

) for Platoon employees and the second

Friday in June for all forty (40) hour employees.

An employee scheduled to work an eight (8) hour day forty

hour (40) week schedule will normally be released from work

without loss of salary for recognized holidays, provided the em-

ployee has worked the last full scheduled work days

immediately preceding and immediately following the holiday.

A 40 hour employee who works on a recognized holiday shall

be paid time and one-half for all hours worked in addition to

his/her regular pay, (i.e., one and one-half (1 ½) times the em-

ployee’s hourly rate of pay plus his/her regular pay).

Platoon Employees – Fire Suppression and Rescue

1. Working as Regularly Scheduled on Holiday

Platoon employees who work as regularly scheduled on any of

the _______ recognized holidays shall be paid double time for

all hours worked (i.e., at the straight time hourly rate of pay for

all hours worked plus regular pay). For platoon employees,

only such employees who work the shift beginning at 8:00 a.m.

on the day the holiday is observed shall be considered as work-

ing on the holiday.

Holiday on Furlough

If a holiday falls on one of the ______ furlough days of any pla-

toon employee, he/she shall be paid for that day as if he/she had

worked on the holiday (i.e., one (1) duty day, twenty four (24)

hours of pay, at the straight time hourly rate of pay in addition

to his/her regular furlough pay).

Holiday on a Kelly Day

If a holiday falls on a Kelly Day of a platoon employee who does

not work on that day, the employee shall be paid for that day as

if he/she had worked on the holiday (i.e., one (1) duty day,

wenty four (24) hours of pay, at the straight time hourly rate

of pay in addition to his/her regular pay).

HOURS OF WORK

Hours of work clauses prescribe the hours and shift schedules

f the employee.

Model contract language:

Choose the appropriate phrase(s).

A. Fire suppression personnel shall work a ____ platoon 24

hour shift.

B. The 24 hour shift shall commence at 0700 hours and con-

tinue through to 0700 hours the following day.

C. Fire suppression personnel shall work a _____ hour average

work week.

D. Fire prevention personnel shall work an 8 hour shift and a

_____ hour average work week. Work hours shall be as fol-

lows: Monday through Friday; 0800 hours to 1700 hours.

E. The following shall be the recognized shift for fire suppres-

sion personnel: 10 hour day shift and a 14 hour night shift

with _____ Kelly days off every _____ shifts.

Provided below are three sample hours of work clauses:

Clause 1:

(A) The basic schedule for combat personnel shall be 24 hours

on duty followed by 48 hours off duty, with reporting relief

time of ___ a.m., with the following exception:

(1) Battalion Chiefs shall have reporting and relief time of 0630

hours.

(2) The hourly rate to be used for overtime calculations for per-

sonnel assigned to a 24/48-hour schedule shall be calculated

by dividing their designated annual salary plus scheduled

longevity by 2912 hours.

(B) The basic work week shall be forty (40) hours per week for

all members assigned non-combat duties, with the follow-

ing exceptions:

(1) The basic work schedule for Fire Investigators shall be 24

hours on duty followed by 48 hours off duty.

(2) The basic work schedule for other non-combat personnel

shall be forty hours per week. The reporting and relief

times may be set as best satisfies the duties of the divisions

or the positions.

(3) The hourly rate for overtime calculations for personnel as-

signed to a 40-hour schedule shall be calculated by dividing

their designated annual salary plus scheduled longevity by

2080 hours.

 C

lause 2:

Suppression employees shall work shifts of twenty-four (24)

hours on duty followed by forty-eight (48) hours off duty. Each

employee working such shifts shall receive one (1) twenty-four

(24) hour shift off during each three (3) weeks.

“Suppression employees”are those employees permanently as-

signed to a piece of fire apparatus and the Deputy Chiefs. This

provision shall not prevent the permanent or temporary as-

signment of any employee to a forty (40) hour work week so

long as the employee is not at the same time assigned to a piece

of fire apparatus.

 Clause 3:

The normal workday shall be either a ten (10) hour day shift

beginning at ___ a.m., or a fourteen (14) hour night shift be-

ginning at ___ p.m., except in the case of employees assigned to

Fire Prevention or the Training Academy.

The normal work week shall average forty-two (42) hours. The

normal schedule shall be sixteen(16) calendar days and shall

consist of four (4) day shifts followed by four (4) pass days off

and four (4) night shifts followed by four (4) pass days off, ex-

cept in the case of employees assigned to Fire Prevention or the

Training Academy.

INCENTIVE PAY

The following incentive pays are examples of additional com-

pensation that may be given to members of the bargaining unit.

These can be based on skills, certifications, education, etc.

ARFF

ARFF refers to Aircraft Rescue and Fire Fighting. These indi-

viduals may also be responsible for additional fire protection

and suppression, emergency medical and other emergency re-

sponse within the boundaries of the airport facility.

 Clause 1:

Members assigned to the ARFF Division, including Certified

Eligibles, who achieve and maintain the required ARFF train-

ing and certification shall receive incentive pay of ____% above

what their salary would otherwise be, except for the Training

Officer, who shall receive incentive or premium pay of ____%

above what his/her salary would otherwise be.

BILINGUAL PAY

 Clause 1:

Effective _____, 20___, such second language incentive pay

shall be available for Hispanic, Vietnamese and Sign Language

proficiencies. Second language incentive pay shall be cumula-

tive. Provided that the parties develop a language proficiency

review/testing process, approved by the Mayor prior to _____,

20___, employees who meet the established proficiency re-

quirements prior to _______, 20___ shall receive the second

language incentive retroactive to ______. Thereafter, employ-

ees shall receive the second language incentive effective the

beginning of the pay period following the successful comple-

tion of the language proficiency process.

 C

lause 2:

fire fighters, Fire Engineers and Fire Captains who are certified

by the Civil Service Commission as having oral and/or written

bilingual skills, and who regularly and frequently use such skills,

will receive $___/hour.

 Clause 3:

Bargaining unit members who are occasionally required to use

multilingual or sign language skills on the job may receive a pay

differential in accordance with the criteria presented in this Sec-

tion.

The language skills for which a multilingual differential is paid

will be determined by the Employer, based on the numbers of

County residents who speak a language other than “spoken

English.” Languages, other than English, that are spoken by

substantial numbers of County residents will be determined el-

igible for pay differential eligibility. If a language is spoken by

a substantial number of County residents, then there is a sig-

nificant likelihood that bargaining unit members will have

occasional need to communicate in that language.

A pay differential will be paid to all bargaining unit members

who pass a proficiency examination in basic multilingual or

signing skills in a language, other than “spoken English,” that

has been determined eligible for receipt of pay differential. All

bargaining unit members will be afforded an opportunity to

qualify for the multilingual pay differential. This program shall

not be administered in an arbitrary, capricious or discrimina-

tory manner.

Basic multilingual or signing skills are defined as those skills

primarily required for signing or oral communication and

comprehension, such as those used in conversation with citi-

zens to whom fire and rescue services are provided.

Proficiency examination: Prior to becoming eligible for the pay

differential, the bargaining unit member must pass a language

proficiency examination administered by the

___________County Office of Human Resources in a language

that has been determined eligible for receipt of the pay differen-

tial. Testing will consist of an oral communication performance

examination administered to those bargaining unit members

who seek the multilingual pay differential. This examination will

be designed to assess basic oral communication skills.

Compensation: Compensation is paid for all hours actually

worked during the pay period. Employees certified as possess-

ing basic skills will receive $____ per hour for all hours actually

worked. If a language is removed from the list of eligible lan-

guages, a bargaining unit member receiving a multilingual

certification pay differential for proficiency in that language, will

immediately cease to receive the multilingual certification pay.

CONFINED SPACE/TECHNICAL RESCUE

 Clause 1:

Heavy Rescue Team

The city will pay a maximum of _____ bargaining unit mem-

bers a ___% premium above their base pay upon completion of

raining and certification for “operation level” Rope Rescue,

Technical Rescue, and Confined Space Rescue. These individ-

uals must maintain the certification and continue to complete

training requirements, as determined by management, in order

to continue to receive the premium.

In the event the Department becomes a Heavy Rescue Regional

Response Team, the City of _______ will pay an additional

___% premium to bargaining unit members who complete the

training and are certified at the “Technician Level”. These in-

dividuals must complete and maintain the certification and

continue to complete training requirements, as determined by

management, in order to receive the additional ____% pre-

mium.

The Labor/Management committee will select the initial team

members. After the initial selection, Management retains all

rights to select and assign personnel to the Heavy Rescue Team

and to Heavy Rescue Team stations. Individuals will not be al-

lowed by bid into core team positions and/or stations. If the

Heavy Rescue Team is discontinued for any reason all premium

pay will end.

Clause 2:

Technical Rescue Team Incentive.

Effective _________, 20___, employees initially assigned to the

Technical Rescue Team shall receive $___ per month until such

time the employee is deemed qualified by the Fire Chief. The

employee must be assigned for more than one-half of the

month to qualify for this incentive. No partial payment shall be

made for working one-half (1/2) or less of the calendar month.

Each Fire Fighter assigned to the Technical Rescue Team deter-

mined to be qualified by the Fire Chief shall receive a $____

per month incentive during his or her active assignment.

 Clause 3:

Technical Rescue Team – In order to be eligible for T.R.T. As-

signment Pay, employees must possess a current diver

certification or such certification as required by the Fire-Rescue

Department.

Employees shall be eligible to receive an additional ____% as-

signment pay after being assigned to a T.R.T. team for a

minimum of a ____ hour shift. Such pay shall be paid in in-

crements of _____ hour shifts.

DIVE TEAM PAY

 Clause 1:

Firefighting personnel who are certified Department author-

ized divers in accordance with rules, regulations and protocols

established and maintained by the _____________Fire Rescue

Department will be eligible to receive an underwater rescue pay

supplement of $______ bi-weekly. The County Manager and

Director of the ____________Rescue Department shall retain

the authority and discretion to determine the number of em-

ployees who will receive this pay supplement.

RIVER PAY

Driver pay clauses ensure that fire fighters that drive fire-pump-

ing and aerial lift apparatus in response to alarms; operate pump

at the incident scene, and regulate water pressure through hose

ines will receive incentive pay for assuming those duties.

 Clause 1:

fire fighters who are duly certified by the ___________Fire Res-

cue Department and who are assigned full-time duties as

“Driver Operators” on fire apparatus shall be paid at a rate one

step above their regular rate of pay, except employees at the

maximum step of the salary range shall receive ____% above

their regular rate.

EDUCATIONAL DIFFERENTIAL

Educational differential clauses are negotiated to provide an

employee additional compensation for improved skill and ex-

pertise gained through education.

Model contract language:

In addition to the wage rates established by this Agreement,

the Employer shall pay premium pay for successful comple-

tion of credit hours and degrees offered in fire science.

$_____ per month for each three (3) credits earned.

$ _____ per month for an Associate Degree with a concentra-

tion in Fire Administration, or Fire Prevention Technology, or

Fire Science/Engineering.

$ _____ per month for a Bachelor Degree with a major in Fire

Administration, or Fire Prevention Technology, or Fire Sci-

ence/Engineering.

Provided below are three sample educational differential

clauses:

 Clause 1:

Unit employees who have completed all required basic training

courses and probationary periods shall be entitled to the fol-

lowing monthly allowances according to the educational degree

held by such Unit employees:

Doctorate………..$___ per month

Masters…………. $___ per month

Bachelors……….. $___ per month

Associate………... $___ per month

An employee shall be eligible for incentive pay hereunder fol-

lowing submission of his/her diploma evidencing completion

of degree requirements at a fully accredited college or univer-

sity to the Fire Chief or designee.

The foregoing notwithstanding, no employee shall be entitled

to compensation for an educational degree which qualifies the

employee for his/her position of employment; or for any de-

gree which is not specifically related to the employee’s actual

employment duties.

 C

lause 2:

1. Educational bonus pay shall be established for successful

completion of credit hours and degrees offered in Fire Sci-

ence and related fields, by the following:

A. $____ per college credit hour earned towards a degree in the

Fire Sciences.

B. Employees who become certified as a Fire Fighter III shall re-

ceive a stipend of ______ per year in addition to base salary.

C. Employees who have become state certified as a Paramedic

shall be deemed to have earned ___ college credit hours.

D. The maximum college credit hours to which an employee may

be compensated shall not exceed ___ college credit hours.

Compensation for Required Class

Employees holding any EMT license or equivalent shall be

compensated for their attendance at any recertification or con-

tinuing education course approved by the Project Medical

Director. Such compensation shall be at the rate of 1-1/2 times

their regular straight time hourly rate for each continuing ed-

ucation unit attended at times outside their regular work shift

up to a maximum of ____ hours per year.

Any employee attending any other fire department related

classes approved by the Fire Chief shall also receive compensa-

tion at 1-1/2 times their regular straight time hourly rate for all

classes attended at times outside their regular work shifts up to

a maximum of _____ hours per year.

Reimbursement shall be made in accordance with Section

_____

These provisions shall be effective ______, 20__ and shall be

applied uniformly to all bargaining unit employees.

2. Advisory Committee & Course(s) Approval. Approval of the

schools, courses and curriculums related to the fire services,

shall be subject to the prior approval by the Fire Chief, with

the advice of an “Educational Advisory Committee” of __

members, __ members appointed by the Union, ___ mem-

bers appointed by the Fire Chief, and the Fire Department

Training Officer, who shall be the chairman.

3. Employees who upon receipt and verification of satisfactory

completion of an approved and creditable courses of study,

by attaining a passing grade of “C” or better, shall also be re-

imbursed for tuition, books, and necessary fees attached to

the courses. Verification of report cards and receipts shall be

made by the Fire Chief, and shall then be forwarded to the

City Comptroller for immediate reimbursement.

4. Payment shall be made after the first council meeting in Sep-

tember for credit hours accumulated up to the previous

August 1. The payment for credit hours shall be deemed as

earned and pro-rated if necessary, for the one year period

running August 1st through July 31st that precedes the Sep-

tember payment.

 C

lause 3:

1. Effective July 1, 20__ upon satisfactory completion of a de-

gree program in Fire Technology or Fire Administration at

an accredited institution, eligible employees shall receive the

ollowing payments once annually. These payments shall not

be cumulative for employees with more than one degree:

Associate Degree in Fire Science Technology

Fire Administration $___ per annum

Bachelor’s Degree in Fire Science Technology

or Fire Administration $___ per annum

2. Eligibility

(a) In order to be eligible for the educational incentive, em-

ployees who are enrolled in degree programs must notify

the Department at the beginning of the academic year in

which they expect to receive their degree.

(b) Upon successful completion of a degree program, the em-

ployee must provide proof of same to the Department in

order to receive payment.

ceptable documentary evidence of same to the Department.

3. Educational incentive pay shall be made in a lump sum during

the month of August and said lump sum shall be the amount

due each eligible employee for the preceding year. In order to

qualify for the educational incentive the employee must be a

Firefighter 1st Grade.Any employee who is discharged shall not

be entitled to the educational pay he/she would otherwise have

received subsequent to the date of the discharge.

4. The educational incentive shall not be subject to pension de-

ductions nor shall it be computed as part of annual wages

for pension benefit calculation.

EMS

Emergency Medical Services (EMS) incentive pay clauses are

negotiated to provide compensation to an employee who has

improved skill and expertise gained through EMS certification

and recertification.

Provided below are three sample EMS incentive pay clauses:

 Clause 1:

(1) All bargaining unit personnel who obtain and maintain

EMT-D certification shall receive $___ per pay period as

incentive pay. The incentive pay will begin when proof of

certification is furnished to and approved by the Fire Chief.

An employee must have a current certification on file to be

eligible for continuing EMT-D incentive pay. State guide-

lines will be used.

(2) All bargaining unit personnel who obtain and maintain

Basic EMS Instructor certification or Paramedic EMS In-

structor certification shall receive $___ per pay period as

incentive pay. The incentive pay will begin when proof of

certification is furnished to and approved by the Fire Chief.

n employee must be an active instructor for the Fire De-

partment and have a current certification on file to be

eligible for continuing EMS Instructor incentive pay. State

guidelines will be used.

asic EMS Instructors shall be limited to seventy five (75)

instructors. Paramedic EMS Instructors shall be limited to

thirty (30) instructors. The incentive pay will begin when

proof of certification is furnished to and approved by the

Fire Chief. An employee must be an active instructor for

the Fire Department and have a current certification on file

to be eligible for continuing either EMS Instructor incentive

pay. State guidelines will be used.

(3) All bargaining unit personnel who obtain and maintain

EMT-Paramedic (EMT-P) certification shall receive $___

per pay period as incentive pay. The incentive pay will begin

when proof of certification is furnished to and approved by

the Fire Chief. An employee must have a current certifica-

tion on file to be eligible for continuing EMT-P incentive

pay. State guidelines will be used.

Employees receiving this level of incentive pay shall not also

draw EMT-D incentive pay.

 Clause 2:

The premium pays as defined in this Article shall be limited to

employees covered by this agreement who have at least ____

years of service with the Department. The Employer reserves

the right to pay such premiums to employees with less than

_______ years of service in the Department providing such

employee holds the required certification.

Premium Pay for Paramedic

Any employee who is assigned to an advanced life support unit

as a Paramedic shall be paid a differential of ___% of his/her

regular base rate.

Only employees who have satisfactorily completed all required

paramedic training shall be eligible for such assignment and

pay differential.

The following amendment is added to this section:

____% after ____ years in program

Premium Pay for EMT

All employees in all titles will be required to become certified as

an EMT and to maintain such certification as a term and con-

dition of employment. However, any employee originally

appointed to a title covered by this Agreement prior to January

1, 20__, who is not certified as an EMT shall not be required to

become certified. Such employees may choose to become cer-

tified. Once certified such employee must maintain their EMT

certification as a term and condition of employment.

Any employee who was originally appointed prior to January 1,

20__ to a title covered by this Agreement who is certified as an

EMT must maintain their certification as a term and condition

of employment.

ny employee who is assigned to an advance life support unit

or a basic life support unit as an Emergency Medical Techni-

cian-Assigned (EMT-A) shall be paid a differential of ___% of

his/her regular base rate.

mployees certified as an EMT but who are not assigned to an

ambulance unit shall receive a differential of ___% of his/her

regular base rate.

Only employees who have satisfactorily completed all required

EMT training shall be eligible for such assignment and pay

differential.

Any employee who is assigned to a unit as an EMT-I/D shall

be paid a differential of ___% of his/her regular base rate.

Effective ____, 20___, Fire Fighter, Fire Equipment Operator

and Captain EMT’s with ____ consecutive years assigned to a

paramedic engine company, shall be paid a differential of

____% of his/her regular base rate. Article ____ shall not apply

to this ____% differential.

 Clause 3:

EMT Incentive

Employees who possess and maintain a valid State of _______

EMT certificate will receive an incentive of $_________annu-

ally. EMT incentive will be paid $____ per two-week pay

period. Employees may not receive both the EMT Incentive

and the Dual Certification Incentive.

HAZMAT PAY

 Clause 1:

Effective with the pay period including ______, 20__, a maxi-

mum of ______ positions who are primarily assigned to rescue

and who are HazMat trained and certified will receive a ____%

differential in addition to their base salary. This differential

does not apply to minimum staffing replacements.

 Clause 2:

Hazardous Materials Technician Assignment Pay – In order to

be eligible for Hazardous Materials Technician Pay, the

employee must possess a Hazardous Material Technician

Certification or such certification as required by

_________County Professional Fire Administrators Hazardous

Materials Committee.

Employees shall be eligible to receive an additional ___% as-

signment pay after being assigned to a Hazardous Materials

Technician Team for a minimum of a _____ hour shift. Such

pay shall be paid in increments of _____ hour shifts.

The City shall provide a yearly physical examination for em-

ployees receiving Hazardous Materials Technician Assignment

Pay. A copy of this physical examination shall be made avail-

able at all times in case of emergency. The City will also provide

hazardous materials training as required by the

_________County Professional Fire Administrators Hazardous

Materials Committee and federal law.

 C

lause 3:

Personnel assigned to the Hazardous Material (Haz-Mat) Team

shall receive a $______ per month incentive during their ac-

tive assignment.

SAR

 Clause 1:

Urban Search and Rescue Team. Employees designated and as-

signed by the Fire Chief to the Urban Search and Rescue Team

(USRT) shall be paid a special payment of $____ per bi-weekly

pay period. Payment shall be provided in accordance with Sec-

tion ______.

JOB RELATED MEDICAL LEAVE OF ABSENCE

Job related medical leave of absence clauses are negotiated to

ensure continuation of all contractually provided compensa-

tion and benefits during the recovery period of a Fire Fighter

who has suffered a line-of-duty injury.

Model contract language:

Any employee unable to work because of a job-related dis-

abling condition shall be entitled to a leave of absence at

his/her regular rate of pay for the duration of the time for

which he/she is medically certified as being unable to work.

During such leave of absence, the Employer will maintain reg-

ular payments into medical and pension plans to ensure

continued coverage for the employee and any dependents. Sen-

iority, vacation benefits and pension credits shall be given for

the time spent on such a leave of absence.

Provided below are three sample job related medical leave of

absence clauses:

 Clause 1:

In the event that an employee suffers an illness or injury in the

line of duty, in the course of employment, or as a result of

his/her employment, he/she shall be compensated at full pay

for a period not to exceed ____. A Medical Review Board shall

be created for the purpose of examining all matters pertaining

to sick and/or injured members of the Fire Department. Any

employee may be required to present to this Board a doctor’s

certificate to the effect that an illness or injury specified above

required extended convalescence.

In the event that any illness or injury sustained by an employee

is not service connected, said employee shall have his/her in-

jury or illness reviewed by the Medical Review Board for the

purpose of determining whether or not such occurrence is of

a major nature, thereby rendering the employee eligible for ad-

ditional sick leave compensation in excess of the yearly _____

working hours, or accumulated sick leave which he/she may

have exhausted. However, in no event shall any Fire Fighter who

shall have attained the commencement of his/her _______ year

of employment not be compensated if he/she is sick or injured

and requires convalescence, notwithstanding the nature of the

illness or injury or whether or not said employee has exhausted

his/her yearly or cumulative sick leave.

All excuses and notification of illness or injury shall be submitted

to the Medical Review Board for its determination. The Medical

Review Board shall consist of the Mayor, or his/her designate, ei-

her of whom may act as Chairperson; the Fire Surgeon or his/her

medical designate; the Union President or his/her designate; and

one (1) superior officer selected by the Union and his/her desig-

nate. The Personnel Officer or his/her designate shall be an

ex-officio non-voting member of the Medical Review Board.

 Clause 2:

(a) In the event an employee is injured in the performance of

his/her duties or incurs a sickness clearly attributable to and

unique to his/her occupation, such employee shall be entitled

to sick leave pay not to exceed _____ consecutive calendar days

to the extent required by law, but such benefits shall be no

more than required by law; such compensation to be reduced

by the amount of compensation insurance received by said

employee, as pertaining to City employment and City com-

pensation only, if any. Any time off granted by this Section

shall be computed on an hourly basis and shall be contingent

upon said employee filing for worker’s compensation bene-

fits immediately upon filing for the leave of absence. Any

variance or special consideration to this Section shall be sub-

ject to review by the City. The employee shall provide written

notification to the Fire Chief before the expiration of the ____

consecutive calendar day leave of absence if he/she is physi-

cally unable to return to work at the conclusion of the leave.

(b) The above stated leave is subject to the following conditions:

(1) The employee must pass a medical examination by the City

Physician and complete the Minimum Physical Performance

Evaluation as outlined in Appendix ____before he/she will

be permitted to return to work. For extended leaves he/she

will be required to furnish a current report from the at-

tending doctor at the end of every ___ calendar day interval;

(2) The employee may not take his/her vacation immediately fol-

lowing this leave unless the period of time consumed by the

vacation and this leave equals ____ consecutive days or less,

except in those instances where the vacation was scheduled

prior to said injury and the granting of the vacation period

does not disrupt the normal operations of the Department.

(3) Upon written request, the Fire Chief shall have the author-

ity to allow earned, unused vacation periods to carry over

into the next calendar year at his/her discretion for those

employees unable to use their vacation while on an ap-

proved leave of absence. The City may, at its discretion, pay

the employee for unused vacation in lieu of allowing vaca-

tion time to accumulate into next year.

(4) If the employee accepts new employment elsewhere or be-

comes self-employed subsequent to his/her on-the-job

injury or occupational disease leave, the City’s portion of

the compensation benefits shall cease;

(5) If the employee fails to provide written notification to the Fire

Chief before the end of his/her leave that he/she wants an ex-

tension, he/shewill be terminatedat the conclusionof the leave;

(6) Any special consideration for an extension of an on-the-

job-injury paid leave of absence in excess of ____ consecutive

calendar days shall be applied for through the Office of the Fire

Chief and must be reviewed and approved by the City. The City

hall extend the leave and approved benefits until the status of

the application for extension has been determined.

section (a) above shall cease to accumulate sick leave after the

ompletion of a ____ consecutive calendar day leave of absence

period, until they return to work.The employee shall not begin

to re-accumulate sick leave until he/she returns to work.

(d) Sick leave pay for IOD purposes shall be computed at the

straight-time rate the employee would have been paid had

the employee been working for that period of time.

 Clause 3:

A. An employee receiving injury time loss payments because of

an injury arising from employment with the City shall be

paid the difference between the employee’s regular monthly

salary and injury time loss payments. Such injury leave pay

shall continue for so long as the employee continues to re-

ceive injury time loss payments, but in no event longer than

____ calendar days following the injury or illness.

However, for the purposes of this section, an injury or illness

which is determined to be an aggravation of a prior injury or

illness under ______ workers’ compensation laws or regula-

tions will not be considered a new injury or illness and

benefits under this Section will be paid only to the extent

they are available to the employee under the original injury.

An employee may utilize any remaining injury leave under

this subsection if an aggravation or deterioration of the orig-

inal condition occurs, regardless of the amount of time that

has passed since the original injury.

B. If a claim is denied by the insurer, and such denial is upheld

following appeal, any injury leave paid under this section

prior to such denial shall be converted to hours and charged

against the employee’s accrued sick leave, accrued vacation,

and/or holiday leave.

If an employee is off work beyond ____ days as a result of a

work injury, the employee shall be eligible to apply for long-

term disability insurance benefits as provided in this contract.

The employee may use any remaining accrued sick leave, hol-

iday time and vacation time after ____ days, and must use such

in situations governed by Article ____. Medical progress re-

ports may be required prior to the approval of such payments.

JOB RELATED PHYSICIAN VISITS

Job related physician visit clauses are negotiated to provide an-

nual physical examinations for Fire Fighters and to provide

medical care to Fire Fighters that have sustained line-of-duty

injuries.

Model contract language:

Employees suffering injuries or illnesses due to job-related activi-

ties shall be paidfor all time lost from workwhilereceivingmedical

treatment and examination at their regular rate of pay and such

employees shall be provided with the necessary transportation to

and from the doctor’s office at no cost to the employee.

rovided below are three sample job related physician visit

clauses:

 Clause 1:

(

1) The Employer shall provide current infectious disease in-

oculations against Hepatitis B and flu, and testing for

Acquired Immune Deficiency Syndrome (AIDS) as part of

the base-line physical and thereafter whenever the employee

has been exposed to AIDS in a work situation.

(2) The County will provide a base-line physical examination

of each Fire Department employee.

Physical examination to include:

(a) complete medical history and general physical examination.

(b) urine analysis (dipstick only)

(d) chemistry and lipid profile

(e) audiogram

(f) electrocardiogram with interpretation and report

(g) chest x-ray

Further physical examinations will be provided whenever ex-

posure warrants.

 Clause 2:

The City will assume and pay, directly from its own funds or

through the proceeds of insurance procured by the City, or a com-

bination thereof, medical and hospital expenses (in excess of or

not otherwise paid by all applicable hospital, medical, and work-

men’s compensation insurance) required for the treatment of

in-line-of-duty injuries and service-connected disabilities sus-

tained by Employees of the City. Any Employee of the City

covered under this Agreement sustaining an in-line-of-duty in-

jury or a service-connected disability may select the doctor and

hospital of his/her choice for such required treatment. Such treat-

ment shall be paid for, for the duration of injury and/or treatment.

 Clause 3:

It is understood that in the event a member is injured on duty

which injury by reason of its severity requires that said mem-

ber be attended by a physician with a specialty, then and in that

event the City shall be responsible for the expenses incurred as

a result of said attendance. All other expenses incurred by a

member by the attendance of a physician of his/her own choice

shall be at the expense of the member.

LEGAL

Clauses of this nature are negotiated to provide protection to a

Fire Fighter while performing required duties. This goal is ac-

complished through the purchase of a policy or liability

insurance.

Provided below are three sample legal clauses:

 Clause 1:

The City shall provide for insuring Fire Fighters within the per-

formance of their duties against liability to third persons arising

out of the operation, maintenance or use of any motor vehicle

owned or leased by the City.

 C

lause 2:

The City agrees to defend and pay any settlement, claims or

judgments brought against or recovered against any member of

the Bureau of Fire arising from the Bureau member’s activities

in the performance of duty only, including but not limited to,

he operation of Bureau fire vehicles or apparatus, where such

defense and payment is mandated as a City obligation by law.

 Clause 3:

(a) The City agrees to indemnify an employee in respect of any

claim made against such employee resulting from the per-

formance of such employee’s duty, except where it is

established that such action arose out of a willful or wanton

dereliction of duty by the employee. In the event that such

proceedings result in any judgment or monetary award

against such employee, the City will indemnify such em-

ployee in respect of payment made pursuant to such

judgment or monetary award, and such indemnification

shall include the assumption of the costs of any legal pro-

ceedings incurred by any employee resulting from the

performance of such employee’s duties.

(b) In the event that the City shall provide such protection to

the employee by the purchase of a policy or liability insur-

ance, it is agreed that indemnification shall be restricted to

the liability provided by such policy of insurance and sub-

section (a) hereof shall be amended as required to conform

to the provisions of the liability so provided. The Union

shall be advised annually of the amount of liability insur-

ance so provided by the policy.

LIFE INSURANCE

Life insurance provisions are negotiated to provide benefits to

an employee’s dependent(s) in instances of death and acciden-

tal death and dismemberment.

Model contract language:

The Employer shall provide $ _____ life insurance protection for

each employee. The Employer shall pay __% of the premium.

Provided below are three sample life insurance clauses:

 Clause 1:

The Employer shall pay the full cost of $_________ group term

life insurance for each eligible employee. All employees shall

receive such life insurance coverage on the first day of the cal-

endar month following completion of six (6) months service.

Such insurance terminates on the last day of the month in

which an employee terminates his/her employment. Employees

are responsible to contact the Auditor’s office at least ___

month(s) prior to retirement to verify any insurance benefits

due after termination.

While an employee is entitled to receive long-term income pro-

tection pursuant to this Agreement, the Employer shall

maintain such life insurance coverage for such employee as it

does active employees.

The Employer shall pay full cost of term life insurance for any

employee who retires from employment with the City after ap-

proval of this contract, after having been employed by the City

or such total time so as to be qualified by such employment to

receive retirement benefits from the Public Employees Retire-

ment Association, the ______ Firefighter‘s Relief Association,

or the ________ Police Pension Association. The amount of

the insurance coverage shall be $_________.

 Clause 2:

The City shall provide term life insurance coverage in the

amount of $__________ for each employee. Additional term

life insurance may be purchased in $_____ increments up to

an additional maximum of $________ by each employee at

cost through a payroll deduction system. The City shall pro-

vide each employee a certificate of coverage.

 Clause 3:

The following benefits relating to death, accidental death and

dismemberment, shall remain in effect as follows for the dura-

tion of the Memorandum:

(1) The face amount of the death benefit shall be an amount

equivalent to the deceased employee’s current total annual

salary on the date of the employee’s death plus $________.

In the event of the death or accidental death of an employee

so covered, the amount of the benefit shall be paid to such

beneficiary as the employee shall have, from time to time,

specifically designated, or in the event there is no named ben-

eficiary, then the amount shall be paid to his/her estate. In

the event of the accidental death of such employee, such des-

ignated beneficiary or his/her estate shall receive double the

said amount in indemnity benefits. The maximum amount

provided for double dismemberment shall likewise be in-

creased to an amount equivalent to the injured employee’s

total annual salary on the date of the employee’s injury.

(2) The additional accidental death benefit provided for in para-

graph (1) immediately above shall not apply to accidental

death or dismemberment of an employee in line of duty.

(3) The benefits and coverage provided for in paragraph (1)

above shall be converted upon retirement to a $_________

death benefit with double the same amount of indemnity

benefits in the event of accidental death, payable to the des-

ignated beneficiary or his/her estate as in paragraph (1)

above. The maximum amount provided for double dis-

memberment shall likewise be converted to $__________

with one-half (1/2) of said sum payable for a single dis-

memberment.

(4) All retirees currently protected by the coverage described

herein shall continue to receive same in the amount of

$________ with double indemnity and dismemberment

benefits as provided for in paragraph (3) above.

(5) Present retirees who are not covered under (3) or (4) above

shall receive a death benefit with double the said

amount in indemnity benefits in the event of accidental

death, payable to the designated beneficiary, or his/her es-

tate, as in paragraph (1) above, in the amount of $

_________.

The provisions outlined above shall continue in full force and

effect.

LONGEVITY PAY

Longevity provisions are negotiated so that an employee is

compensated for his/her increased knowledge and ability

gained through length of service. Rates of pay and eligibility

equirements should be specified.

Model contract language:

The Employer agrees to the following longevity pay which shall

e added to the monthly salary and wages of each employee.

(Select the appropriate phrase[s].)

A. Each employee shall receive 1% of his/her

salary per year for every year of service.

B. Each employee shall receive 5% of his/her

salary per year for each five (5) completed

years’ of service.

Each employee shall receive $____ per year for every four (4)

completed years’ of service.

Provided below are three sample longevity pay clauses:

 Clause 1:

All members who presently qualify shall receive longevity pay

as follows:

Years Service Percent of Annual Salary

Beginning of ___ year through end of ___ year ___%

Beginning of ___ year and following ___%

Payments shall be paid in two semi-annual installments; one-

half of the annual amount on the payday for the pay period

in which June 1 falls, and one-half on the payday for the pay

period in which December 1 falls.

 Clause 2:

In consideration of long and faithful service, the City shall, in ad-

dition to regular salary, pay longevity pay to long-term employees.

To receive longevity pay, the employee must have completed ____

years total accumulative service with the City. The monthly

amount of this pay shall be $______ per month times the total

years accumulative service of the employee with the City.

 Clause 3:

Employees who are on the payroll as of ______________ who

have completed at least _____ years of continuous employment

with the City are eligible to receive an annual longevity award

which is paid after ______________ of each year.

Continuous employment is defined as the period of employ-

ment not interrupted by resignation, dismissal, or quitting

without notice.

An eligible employee is given credit for any period of tempo-

rary or limited term status if employment with the City has

been continuous.

n eligible employee who works full time at least forty hours

per week is awarded:

or Service of at Least But Less Than The Amount Is

___ years ___ years __% but not less than $___

___ years __% but not less than $___

MAINTENANCE ALLOWANCE

Maintenance allowances are negotiated so that the employee

will be reimbursed for costs incurred for cleaning of work

uniforms.

Provided below are three sample maintenance allowance

clauses:

 Clause 1:

That each employee of the City coming within the Local Unit

shall be provided with a cleaning allowance of $____ to be

payable once annually.

 Clause 2:

Each Fire Fighter required to wear a uniform shall be paid a

cleaning and maintenance allowance of $____ , payable in

December of each year.

 Clause 3:

All employees of the _________ Fire Department covered by

this Agreement shall be entitled to an annual clothing main-

tenance allowance of $_____. This payment is to be made on

the first non-pay Friday in December.

MILEAGE ALLOWANCE

Mileage allowance clauses are negotiated to provide compen-

sation if employees are required to use their automobile for

business.

Model contract language:

Employees required to use their private automobiles for Fire

Department business or as a necessity in changing stations

shall be compensated at the rate of $ _____ per mile.

Provided below are three sample mileage allowance clauses:

 Clause 1:

Whenever employees are involuntarily required to use their

personal vehicles to move between assignments during their

shift on more than one (1) occasion, they shall receive a pay-

ment of $ ________ in addition to the normal mileage

entitlement for each day on which this occurs.

 Clause 2:

Employees who are authorized in advance to use their personal

vehicles for County business shall be reimbursed for each mile

driven on County business. Said reimbursement shall be at the

ate per mile exempted by the Internal Revenue Service for re-

porting of income and shall not exceed the mileage costs

charged for County non-emergency vehicles.

 Clause 3:

he Village shall not require employees to use personal vehi-

cles for business purposes except with the consent of the

employee who shall be compensated at the rate of ____ cents

per mile.

NFPA 1710

In 2001 the National Fire Protection Association (NFPA) took

an essential step in our campaign to improve fire fighter and

public safety when it passed Standard 1710. NFPA 1710 Stan-

dard for the Organization and Deployment of Fire Suppression

Operations, Emergency Medical Operations, and Special Opera-

tions to the Public by Career Fire Departments sets minimum

standards for fire fighter deployment, response times and other

factors involved in determining service delivery of fire fighting

and emergency medical systems.

The following is a sample NFPA 1710 clause:

 Clause 1:

Section 1. The City agrees to provide staffing sufficient to

maintain the operations of the ___________Fire Di-

vision at an effective level. The authority having

jurisdiction through its Fire Division shall work to-

ward implementation/compliance with the NFPA

1710 Standard. There shall be a joint committee

composed of management representatives and labor

representatives. IAFF Local _____ , Union repre-

sentatives shall be selected by the Union.

_____________Fire Division representatives shall be

appointed by the Chief of Public Safety.

The purpose of the committee will be to evaluate the

Fire Division’s compliance with the minimum criteria

addressed in NFPA 1710 regarding the effectiveness,

efficiency and safety of fire suppression operations,

emergency medical service, and special operations de-

livery in protecting the public and fire division

employees. Where applicable, the joint committee

evaluation will also include a review of relevant

local/state/provincial policies, regulations and statutes

that address fire suppression operations, emergency

medical service and special operations delivery.

Upon completion of the evaluation, the joint com-

mittee will recommend a written plan and schedule

for compliance with the operational criteria identi-

fied within NFPA 1710. Division evaluation and

development of a written plan and an implementa-

tion schedule will be completed within a time period

determined by the Committee for Union Manage-

ment Cooperation.

OVERTIME

Overtime provisions are negotiated to provide premium rates

of pay for overtime work.

rovided below are three sample overtime clauses:

 Clause 1:

(A) Any employee covered by this Agreement who is scheduled

n straight day work and who is authorized to and who

works in excess of ____ hours in a pay period, or any em-

ployee covered by this Agreement who is scheduled on shift

work who is authorized to and who works in excess of

_____ in a pay period shall have the option of receiving pay

at the rate of one and one-half (1 1/2) hours for each over-

time hour or receiving compensatory time at the rate of

one and one-half (1 1/2) hours for each overtime hour

worked. Any employee entitled to be granted compensa-

tory leave shall be granted such leave by the Fire Chief.

Compensatory leave in excess of ____ hours shall be used

within ____ calendar days subsequent to it being earned.

(B) Employees ordered to complete an annual physical exami-

nation during normal off-duty hours shall be paid at one

and one-half (1 ½) times their regular rate of pay and shall

not be subject to the Call-Back Pay article contained within

this Agreement.

Each hour of overtime shall be compensated as follows:

__-__ minutes no compensation

__-__ minutes compensatory leave at rate of 1 1/2 times

of time worked

__-__ minutes one half hour wages at 1 1/2 times plus

compensatory time for actual time

worked over 30 minutes

__-__ minutes one (1) hour of wages at 1 1/2 times

 Clause 2:

Employees shall be paid premium rates of pay equal to one and

one-half (1 1/2) times his/her regular hourly rate of pay when:

(1) The employee is held over beyond the end of his/her

regularly scheduled work shift in which case the employee shall

be entitled to a minimum of ___ hours premium pay, and/or,

(2) The employee is required to report in early for his/her

regularly scheduled shift in which case the employee shall be

entitled to premium pay or,

(3) The employee is called in to work at a time not im-

mediately preceding his/her regularly scheduled shift in which

case the employee shall be entitled to a minimum of ___ hours

premium pay.

 C

lause 3:

Section 1. All employees shall be paid at the rate of time and

one half (1-1/2) that of their regular rate of pay for

all hours worked over their regular scheduled work-

ng hours.

Section 2. All employees who are called back to work when they

are off duty shall be paid a minimum of ____ hours

at time and one-half (1-1/2) and shall be paid at the

rate of time and one-half (1-1/2) for all hours

worked over _______ hours.

Section 3. All Fire Suppression employees who are assigned a

_________hour work week schedule shall receive

time and one-half (1-1/2) their regular rate of pay

for all hours worked in excess of ____________

hours per __________ day work cycle. Accordingly,

for each additional hour, or portion thereof, actually

worked by said employee in excess of _______ dur-

ing the ____________ day cycle, that employee shall

receive overtime pay based on the following: 1.5

times the number of hours actually worked in excess

of ____________hours times the quotient of

__________, divided into the employee’s three week

gross regular salary.

PAID LEAVE

Paid leave is an earned benefit commonly addressed within the

collective bargaining agreement. Paid leave encompasses: blood

donor leave, compassionate leave, court leave, educational leave,

leave for jury duty, maternity leave, military leave, parental

leave, sick leave and vacation leave, etc.

Blood Donor Leave:

Blood donor leave clauses ensure that the Employer gives ade-

quate time to an employee for the purposes of donating blood.

Provided below are two sample blood donor leave clauses:

 Clause 1:

Employees may be granted a reasonable time off during their

work shift for the purpose of donating blood when participat-

ing in a City authorized and/or sponsored blood donation drive

or special need. All such absences shall be scheduled with the

employee’s supervisor. In no event shall an employee be eligi-

ble for overtime as a result of donating blood.

 Clause 2:

Employees who volunteer as blood donors to contribute to a

City supported Blood Donor Organization will be authorized

the absence necessary to accomplish this purpose. The Blood

Donor Organization’s personnel will determine what amount

of time the donor will need from the point of donation till the

City donors are released to go back to work.

Compassionate Leave:

Compassionate leave clauses ensure that the Employer pays for

time lost due to death in the immediate family.

odel contract language:

An employee shall be allowed _____ days (or shifts) off with

pay in the event of death in the immediate family which shall

be limited to spouse, child, or parent, including foster parent,

tepmother, stepfather, or any other blood relative living under

the same roof as the employee.

Employees shall be allowed ______ days (or shifts) compas-

sionate leave with pay in the event of death in the immediate

family which shall be defined as mother-in-law, father-in-law,

grandmother, grandfather, grandchildren, sister, or brother.

In addition, necessary time off for travel purposes shall be

granted upon request of the employee when, in the Employer’s

judgment, such additional time is warranted.

Provided below are three sample compassionate leave clauses:

 Clause 1:

The City agrees to provide each employee of the Union, com-

passionate leave as follows:

1. ___ calendar days compassionate leave for the employee for

the death of the spouse of the employee.

2. ___ calendar days compassionate leave for the employee for

the death of the father or mother of the employee or of the

employee’s spouse.

3. ___ calendar days compassionate leave for the employee for the

death of the son, daughter, sister or brother of the employee.

4. ___ calendar days compassionate leave for the death of the

son or daughter of the employee’s spouse.

5. ___ calendar days compassionate leave for the death of a per-

son who has been placed by authority of law under the care

of the employee as guardian.

6. ___ calendar days compassionate leave for the employee for

the death of the stepfather, stepmother, stepson or step-

daughter of the employee, provided such person resided in

the employee’s immediate household at the time of death.

Such compassionate leave shall not be available for the death

of such stepfather, stepmother of the employee’s spouse.

7. ___ calendar day compassionate leave for the death

of the brother or sister of the employee’s spouse.

8. ___ calendar day compassionate leave for the death of the

blood aunt or blood uncle of the employee. Such compas-

sionate leave shall not be available for the death of the blood

aunt or blood uncle of the employee’s spouse.

9. ___ calendar day compassionate leave for the death of the

grandmother, grandfather, grandson or granddaughter of the

employee or of the employee’s spouse.

It is agreed that an employee taking compassionate leave on a

holiday shall be entitled to holiday compensation as provided

in this Agreement.

 C

lause 2:

An employee shall be granted reasonable leave without loss of

pay, in the event of a death in his/her immediate family. Im-

mediate family shall mean: wife, husband, son, daughter,

mother, father, sister, brother, mother-in-law, father-in-law, sis-

er-in-law, brother-in-law, grandparents, grandchildren and

common-law spouse.

Compassionate leave may be granted, with pay, at the sole dis-

cretion of the Fire Chief or his/her designate.

 Clause 3:

In the event of the death of a mother, father, legal guardian,

step-children, step-parents, spouse, or child of the employee,

such employee will be entitled to a leave of absence with pay

from and including the day of death and including the day of

the funeral. In the event of the death of a brother, sister, father-

in-law, mother-in-law, grandparent or grandchild, the

employee will be entitled to a leave of absence with pay for the

day of such death and the day of the funeral (up to ___ days),

whether such employee be working on a day or night shift. The

Fire Chief or Deputy Chief may grant an additional leave of

absence in the event of the death of any of the aforementioned

classes of persons, not exceeding ___ days, in cases involving

extensive travel out of town.

Court Leave:

Court leave clauses require an Employer to pay for time an em-

ployee spends in court.

Model contract language:

The Employer shall grant leave with pay to an employee for

the period of time he/she is required to appear before a court,

judge, justice, magistrate or coroner as a plaintiff, defendant or

witness.

Provided below are three sample court leave clauses:

 Clause 1:

Any Fire Fighter on duty, or on vacation, or on a day off, who

attends as a witness for the Commonwealth in a criminal mat-

ter in any case pending in the District Court, Juvenile Court,

or in a Superior Court, or before any Grand Jury proceedings,

shall be allowed time off from duty or shall be paid therefore if

not on duty. When appearing as a witness, a minimum of

_____ hours shall be allowed, but when appearing only to sign

a complaint, etc., the present practice of _____ hour shall be

allowed. The rate of pay for court time shall be at time and one-

half (1 1/2) rate. This Article also is applicable to civil court

matters relating to Fire Department affairs providing the Em-

ployer is a participant in such matters.

 Clause 2:

Members shall be excused for all judicial duties without any

loss of pay only when job connected. Unless an employee is re-

quired to serve, and does in fact serve, jury duty on a regularly

scheduled working day, he/she shall receive his/her regular pay

less the jury fees that he/she receives. Off-duty employees shall

be compensated for hearings, inquests, trials, etc., when job

connected, receiving a minimum of ___ hours per day.

 C

lause 3:

If an employee is required to appear in court due to events that

occurred while on duty or for job-related matters, and the court

date is not during working hours such employee shall be com-

pensated for the time actually worked in accordance with this

rticle, and one hour of travel time.

Educational Leave:

Educational leave clauses ensure continuation of pay while on

leave to attend conferences, seminars and other instruction

which will improve, maintain or upgrade the individual’s cer-

tifications, skill and professional ability.

Model contract language:

Employees shall be granted leave with pay for educational pur-

poses to attend conferences, seminars, briefing sessions, or

other functions of a similar nature that are intended to im-

prove, maintain or upgrade the individual’s certifications, skill

and professional ability.

Provided below are three sample educational leave clauses:

 Clause 1:

Employees shall be granted time off with pay to attend educa-

tion conferences, seminars, or other functions of a similar

nature to improve or upgrade the employees’ skill and profes-

sional ability in the fire service. Educational opportunities shall

be classified as mandatory (i.e., education that is a condition

of employment), or optional. (Aurora, IL - Local 99)

 Clause 2:

A. Employees may be granted leave to attend courses at

the high school, vocational school, or college. Requests for

leave will be judged on the basis of job performance and

the Department work load. Such leave will not be granted

if the course is offered during an employee’s regular

non-duty hours.

B. Employees required by the City to attend educational or in-

structional courses shall be paid their regular rate of pay for

the hours spent in attendance and such time shall be con-

sidered time worked. It is understood that whole shifts may

be rescheduled subject to a minimum of ___ hours prior no-

tice to the Fire Fighter.

Any time required by the City which is less than a complete

shift will not be subject to rescheduling but will be considered

time worked for the purposes of computing overtime.

C. The existing policies regarding laws, mileage, and/or per

diem for courses offered outside the City shall remain in full

force and effect for the duration of the Agreement.

D. Fire fighters who are required to attend educational or instruc-

tional courses during their regularly scheduled days off shall

have proportionate days off rescheduled prior to attendance.

 Clause 3:

All employees covered by this Agreement, who are ordered to

attend off-duty courses by the Fire Department shall be paid

s provided for in the Overtime Article of the Agreement for

all time spent in attendance.

Jury Duty:

eave for jury duty clauses ensure that no compensation will

be lost due to jury duty.

Model contract language:

An employee required to be available for jury selection or serv-

ice shall receive his/her regular daily wage for each day which

would have been worked but for such jury participation.

Provided below are three sample jury duty clauses:

 Clause 1:

Employees on jury duty will receive their normal pay for regu-

lar work days spent on a jury panel. The employee shall submit

the payment received from the Court to the City Treasurer’s

Office, less any amount included for travel allowance or ex-

pense reimbursement. Such time off shall be counted as time

on duty.

 Clause 2:

With permission of the Fire Chief or his/her designee, a mem-

ber of this unit who is required to report for and does report for

jury duty may not be required to report for regular duty prior

to jury service if such report is impractical or would cause the

member to be late for jury duty. If the employee is required to

report for jury duty on the day following a duty shift, the fire-

fighter may be released up to one hour prior to the shifts end,

if necessary, to assure timely attendance at jury duty. fire fight-

ers shall not be required to refund to the City any mileage

reimbursement received as a result of jury duty.

 Clause 3:

Each employee shall be paid his/her full wages for a period of

jury service provided that he/she shall deposit with the Corpo-

ration Treasurer, the full amount of compensation, less

traveling, meals and other expense, received for his/her service

from the Sheriff or other authorized persons. Should any em-

ployee be subpoenaed or summoned to appear as a witness in

a court within the Province of ______, then the Corporation

will pay the employee’s full regular pay per day provided that

the employee pays the employer all or any monies, less travel-

ing, meals, and other expenses, received for such service as a

witness. Pay for any time used during the employee’s regular

work week for travel to and from places outside the corporate

limits of Metropolitan _______ will not be recognized.

Maternity Leave:

Maternity leave clauses guarantee an employee’s job, seniority

and benefits will be maintained for the time unable to work

due to pregnancy.

Model contract language:

Every employee who becomes pregnant shall be granted a leave

of absence without pay commencing at any time during her term

of pregnancy and ending not later than fifty-two (52) weeks after

the date of termination of her pregnancy. The employee shall

ontinue to accumulate seniority and be entitled to medical ben-

efits as prescribed by the Agreement during her leave.

Provided below are three sample maternity leave provisions:

 C

lause 1:

Section 1. Pregnancy leave shall only be authorized for periods

when the employee is unable to perform her regularly assigned

duties due to pregnancy disability or medical complications

arising out of pregnancy. Such leave shall require prior approval

of the Fire Chief or his/her designee and may not be utilized

for child rearing purposes.

Section 2. The employee must comply with the City’s request for

information concerning the status of the pregnancy

disability and the anticipated date that she will be able

to return to work. The Personnel Director may require

further determination of physical fitness by a physician

or physicians designated by the Personnel Director.

Such additional medical examinations shall be at no

expense to the employee. An employee returning to

work after such leave shall maintain seniority or other

benefits as provided in this Agreement.

Section 3. In the event there is a difference of opinion between

the physician designated by the Personnel Director

and the employee’s physician regarding the em-

ployee’s physical fitness to perform the work in

which employed, a third physician shall be desig-

nated by the City’s and employee’s physicians, whose

decision shall be final and binding.

Section 4. When submitting a request for pregnancy leave, the

employee shall designate the number of paid hours

(sick, vacation, compensatory leave, or any combina-

tion thereof) she wishes to bank for future use. With

the exception of banked paid leave, the employee must

utilize all paid leave before going on unpaid pregnancy

leave. Once the employee goes on approved unpaid

leave, the banked paid leave shall not be utilized until

the employee’s return to work. Nothing in this Sec-

tion shall limit the Fire Chief’s or designee’s sole

discretion to permit the disabled employee to utilize

her banked paid leave for an unforeseen medical cir-

cumstance or emergency. Requests for donated leave

must disclose the amount of sick, vacation, and com-

pensatory time the employee has banked.

In the absence of a physician’s statement certifying

that the employee is disabled due to conditions aris-

ing out of pregnancy, the employee shall be

considered fit for duty and will be expected to be

able to return to duty beginning the ninety-first

(91st) calendar day following the date of delivery.

 Clause 2:

Section 1. Any employee covered by this Agreement shall be en-

titled to take unpaid maternity leave for a period not

to exceed ___ months, commencing no later than

the day of birth. An employee who becomes preg-

nant shall furnish the City with a statement from the

employee’s physician stating the approximate date of

delivery. Any requests for maternity leave shall be in

riting to the Fire Chief and the Civil Service Com-

mission, with copy of the physician’s statement,

stating the dates that such maternity leave is to com-

mence and terminate.

ection 2. Any employee taking a maternity leave under these

maternity leave provisions shall be eligible, during

the period of disability resulting from pregnancy, to

receive paid maternity leave benefits for a period of

up to ___ calendar weeks following the birth.

Section 3. Any employee receiving maternity leave pursuant to

these maternity leave provisions, is entitled to paid or

unpaid maternity leave benefits in excess of the above

limits, before or after the day of birth, provided such

employee’s physician certifies to the City that an ex-

tension of maternity leave is necessary for reasons of

the employee’s health. The City may, in the event of a

request for extended benefits, require an additional

opinion from a doctor designated by the City.

 Clause 3:

Maternity/Paternity Leave. The employee shall be granted

________ continuous working hours of paid maternity/pater-

nity leave. Such leave shall be taken immediately upon relief

of work. For purposes of this subsection, such leave may be

also taken immediately upon the placement of the adopted

child in the home. In either instance, neither a previously

scheduled vacation day or Kelly Day shall be included as part of

the maternity/paternity leave. A previously scheduled vacation

day may be moved to an open vacation slot. If a vacation slot

is not available during the calendar year, the vacation day may

be scheduled as an extra slot. If the Employer determines the

extra slot is not feasible, the employee shall be compensated for

the vacation day.

Military Leave:

The law requires an Employer to grant a leave of absence for

military duty. Clauses on military leave guarantee that an em-

ployee’s benefits will be maintained during military duty.

Model contract language:

Any employee, who is a member of a reserve force of the

United States, Canada, or of the State of _________ and who

is ordered by the appropriate authorities to attend a training

program or perform other duties under the supervision of the

United States, Canada, or of the State of _________, shall be

granted a paid leave of absence during the period of such ac-

tivity but not to exceed ____ calendar days in any calendar

year. Such paid leave shall not reduce the employee’s seniority

status, vacation, sick leave or other benefits.

Provided below are three sample military leave clauses:

 Clause 1:

Section 1. Leave of absence with pay may be granted to per-

manent employees for the purpose of attending the

customary ___ week(s) tour of duty with either a

National Guard or Reserve Unit. Employees shall be

excluded from duty on presentation of their orders

nd shall receive the normal rate of pay for the pe-

riod of time which they are required to serve as a

member of the Military Forces during this normal

summer training period. Time spent in active duty

for training shall not exceed ___ days or as specified

y State law. Time absent from employment may be

counted as vacation time if the employee so desires.

Section 2. Employees who enter military duty shall be rein-

stated to their former classification upon release by

honorable discharge within ___ days from the date

of discharge. All benefits shall accrue in accordance

with applicable Federal Law and City Ordinance.

Section 3. Vacation and/or Bonus Days when approved in ad-

vance by Fire Division Personnel, may be utilized for

weekend drills.

 Clause 2:

Section 1. Employees who are duly enrolled members of the

Reserve components of the Armed Forces of the

United States shall be granted a leave of absence not

to exceed ___ week(s) in the calendar year for the

purpose of attending duly ordered field camps of in-

struction or instruction from school.

Section 2. Employees who are called to duty by reason of civil

disobedience, disorder or insurrection, shall be

granted a leave of absence not to exceed _____ cal-

endar weeks.

Section 3. Employees granted leave under Sections 1 and 2 will

be entitled to payment when their military salary is

less than their regular salary in an amount equal to

the difference.

Section 4. The leave granted under this Section shall not be

deemed a part of any leave granted or authorized by any

other provisions of City Ordinances.For the purpose of

determining seniority pay or salary advancement, the

status of the employee shall be considered as though not

interrupted by periods of military leave.

 Clause 3:

Any employee who is a member of the organized National

Guard or forces of the United States Army, Navy, Marine Corps,

Air Force or Coast Guard, shall be given leave of absence with

pay, after ___ months of employment, for attending regular en-

campments, training cruises, and similar training programs, not

to exceed ___ working days per calendar year under military or-

ders properly issued by military authorities. Such absence shall

be charged against training cruises and similar training pro-

grams. Inactive duty training (IDT) weekend drills are

documented by training schedules rather than orders, however,

the right to time-off for training without loss of benefit applies

for IDT as well as active duty training and annual training. Re-

servists and Guardsman shall be given the opportunity to take

vacation time to fulfill their IDT requirements. Personnel shall

provide the Employer with their military training schedule.

arental Leave (FMLA):

Parental leave clauses ensure that an employee will be able to

utilize leave for the purpose of childbirth, adoption or foster

care of a child. In many instances, the continuation of benefits

uch as health insurance while on parental leave is detailed.

Provided below are three sample parental leave clauses:

 Clause 1:

The following family leave provisions shall be operative during

the term of the Memorandum of Understanding:

A. Authorization for Leave

Up to ___ months of family leave shall be provided for the pur-

pose of childbirth, adoption or foster care of a child, or serious

health condition of an immediate family member, upon the re-

quest of the employee, notwithstanding any other provisions

of this Memorandum of Understanding or the Administrative

Code to the contrary.

An employee may take family leave if the employee him-

self/herself has a serious health condition (either job-related or

non job-related) that makes him/her unable to perform the

functions of his/her position.

Family leave shall be limited to ___ months during a ___

month period, regardless of the number of incidents. A ___

month period shall be measured forward from the first day of

leave for each individual taking a leave. The next ___ month

period would begin the first time family leave is taken after

completion of the previous ___ month period.

B. Eligibility

1. The provisions of this Article shall apply to employees who

have been employed by the City for at least ___ months and

who have worked at least ____ hours during the ___ months

immediately preceding the beginning of the leave.

2. A husband and wife who both work for the City may take

leave at the same time to care for a new child by birth or

adoption, or foster care of a child, or to care for a sick parent,

but the aggregate period of time to which both are entitled is

limited to the time normally allowed for one employee. Each

employee must notify their employing department at the

time the leave is requested of the name and department of

the second family member who is requesting leave for the

same incident. Such notification must include the time pe-

riod for which each employee is requesting leave.

C. Conditions

1. The start of family leave for childbirth shall normally begin on

the date of birth of the child. At the employee’s discretion, the

start of the family leave for childbirth may be at the beginning

of the period of disability that a doctor certifies is necessary.

2. The start of a family leave for adoption or foster care of a child

shall begin on a date reasonably close to the date the child is

placed in the custody of the employee.Leave may also be granted

prior to placement for adoption or foster care of a child if an

bsence from work is required (i.e., counseling, court appear-

ance, consultation with an attorney, physical examination, etc.)

3. The start of a family leave fora serious health condition of a fam-

ily member shall begin on the date requested by the employee.

4. The start of a personal medical leave for the employee’s own

serious health condition shall begin on the date requested by

the employee.

A serious health condition is defined as:

a. Incapacity or treatment with inpatient care in a hospital, hos-

pice or residential medical facility; or

b. A period of incapacity requiring an absence of greater than

three days involving continuing treatment or supervision by

a health care provider; or

c. Continuing treatment or supervision by a health care

provider for a chronic or long-term health condition that is

incurable, or a condition that is so serious that if left un-

treated, would likely result in a period of incapacity of more

than three days, or for prenatal care.

5. The start of leave due to a job related illness or injury that

results in a serious health condition as defined in this article

shall begin on the date the employee begins receiving any

temporary worker’s compensation benefits (either IOD or

the rate provided in Labor Code) provided in accordance

with Section _____ of the Administrative Code. An employee

who meets the eligibility requirements in Section B (1) of

this Article shall automatically be considered to be on fam-

ily and medical leave.

6. All leave granted under this Article shall normally be for a

continuous period of time for each incident. However, an

employee may be permitted to take intermittent leave to take

care of a family member with a serious health condition or

his/her own serious health condition when it is medically

necessary. Management may require the employee to trans-

fer temporarily to an available alternative position (with

equivalent pay and benefits) for which the employee is qual-

ified and that better accommodates recurring leave periods

than the employee’s regular position.

7. If any employee requires another leave for a separate inci-

dent under the provisions of this Article during the same 12

month period, a new request must be submitted.

8. Management has the right to verify the circumstances in-

volving a family leave.

9. A personal leave of absence beyond the ___ month family

leave may be requested, subject to the approval of the ap-

pointing authority and, if required, the Personnel

Department, as provided under other City leave provisions.

D. Applicable Time Off

Employees who are granted family leave in accordance with this

Article shall take time off in the following order:

. Childbirth

a. Accrued sick leave for the entire period of disability that a

doctor certifies is necessary, (including prenatal care or the

mother’s inability to work prior to the birth) may be taken at

he employee’s discretion.

b. Accrued vacation and compensatory time off available at the

start of the leave shall be used prior to the use of time under c.

and d. below.

c. Accrued sick leave; all 100% sick leave shall be used first, fol-

lowed by the use of all 75% sick leave, followed by the use of

all 50% sick leave. The use of sick leave under this Subsec-

tion is at the employee’s discretion.

d. Unpaid leave.

2. Adoption, Foster Care or Family Illness

a. Annual family illness sick leave up to ___ days may be used at the

employee’s discretion. Such leave may be taken before or after

the vacation and compensatory time off described in b. below.

b. Accrued vacation and compensatory time off available at the

start of the leave shall be taken. Such time must be used prior

to the use of time under c. and d. below.

c. Accrued sick leave; all 100% sick leave shall be used first, fol-

lowed by the use of all 75% sick leave, followed by the use of

all 50% sick leave. The use of sick leave under this Subsec-

tion is at the employee’s discretion.

d. Unpaid leave.

3. Personal Medical Leave

a. Accrued sick leave may be used at the employee’s discretion.

Such leave may be taken before or after the vacation and

compensatory time off described in b. below.

b. Accrued vacation and compensatory time off available at the

start of the leave shall be taken. Such time must be used prior

to the use of time under c. below.

c. Unpaid leave.

E. Sick Leave Rate of Pay During Family Leave

Payment for sick leave usage under D1c and D2c shall be at the

regular accrued rate of 100%, 75% or 50%, as appropriate.

F. Medical Subsidies During Family and Medical Leave

For those employees who are on family leave under the above

provisions of this Article, Management shall continue the City’s

health and dental plan subsidies. Employees shall be eligible for

such continued subsidy for a maximum of four (4) months from

the qualifying date of the family or medical leave, including the

paid and unpaid portion of the leave. The employee must have

enrolled in a health or dental plan authorized in accordance with

this Memorandum of Understanding prior to the beginning of

the leave to be eligible for such subsidy continuation.

n accordance with the Family and Medical Leave Act of 1993

(FMLA),employees on unpaid family or medical leave shall not be

required to repay the City subsidy (1) upon return to work, or (2)

if they terminate City employment followingthe leavedue to a con-

tinuing serious health problem or other extenuating circumstances

eyond the control of the employee.Should an employee fail to re-

turn to work for any other reason, then they shall be required to

reimbursethe City forthesubsidy provided during the unpaid por-

tion of their leave.Such reimbursement shall be deducted from any

compensationowedto the employee upon termination of City em-

ployment.Any employee who desires to be covered by these health

subsidy continuation provisions must make the appropriate request

to the Employee Benefits Office of the Personnel Department.

G. Monitoring

Management shall maintain such records as are required to

monitor the usage of family leave as defined in this Article. Such

records are to be made available to the Union upon request.

 Clause 2:

Section 1. Grants of Parental Leave

A bargaining unit employee must be allowed to use up to ____

hours, if working a 2,496 hour work year. ____ hours if working a

2,184 hour work year or ____ hours if working a 2,080 hour work

year,of any combinationof sick,annual,or compensatoryleave and

leavewithout payduring any twenty-four month period to care for:

A. A newborn child of the employee, or

B. A newly adopted child of the employee.

Section 2. Use of Parental Leave

All leave taken under this Section shall be consistent with es-

tablished policy and procedure and:

A. Must be used within 12 months of the birth of the child or

placement with the employee for adoption.

B. At the election of the employee, may be used on a continu-

ing basis.

C. With the approval of the supervisor, may be used:

1. Under a method involving a reduced workday or workweek,

2. On an intermittent basis, or

3. Any combination thereof.

D. May be in addition to any other leave taken under these reg-

ulations.

E. Is subject to a ____ day advance notice of requirement.

F. The use of parental leave under this Section for a Family and

Medical Leave Act (FMLA) purpose will be considered to be

FMLA leave and count towards the FMLA entitlement of 12

weeks of leave in a leave year. However, compensatory time

used as parental leave cannot be counted as FMLA leave.

. An employee who has exhausted the parental leave provided

under this Section (___ to ___ hours in a 24-month pe-

riod), may still be entitled to use up to 12 weeks of FMLA

leave in a leave year in accordance with this Agreement.

ection 3. Relation to Other Benefits

A merit system employee who uses leave without pay under this

section will retain all health and life insurance benefits for the en-

tire period.

Section 4. Limitations on Sick Leave Usage

A. Any use of sick leave for either medical reasons or for the

purpose of attending the immediate family at the time of

birth or adoption of a child must be deducted from the

___________ hours, as applicable.

B. Sick leave donations may not be used to cover absences oc-

curring under this section.

 Clause 3:

The employee shall be granted special leave with pay up to a max-

imum of _____ working days/shifts on the occasion of the birth

or adoption of a child. Under special circumstances the City may

extend this period to a maximum of _____ working days/shifts.

Sick Leave:

Sick leave entitlements and protection for the period that the

employee must be out of work are specified within the collec-

tive bargaining agreement.

Model contract language: [Select phrase(s)]

A. Any employee incurring a non-duty related sickness or dis-

ability shall receive sick leave with full pay. On-duty sickness

or disability shall not be charged to the accumulative sick

leave of the employee.

B. Employees shall earn _____ hours or days of sick leave for

each month of service.

C. Employees shall accumulate sick leave without limitation.

D. Employees shall accumulate sick leave to a maximum of

_____ hours or days.

E. Employees shall be compensated in cash at their regular rate

of pay for any unused accumulation of sick leave when they

are permanently separated from the service by resignation,

death, retirement, or discharge.

Provided below are three sample sick leave clauses:

 Clause 1:

Section 1. Each Fire Fighter shall be credited with ____ hours of

sick leave monthly for each month of service for a max-

imum annual accumulation of ______ hours per year

of sick leave. If a Fire Fighter is employed only part of a

month,he/she will be credited with sick leave for the full

month only if he/she started on or before or terminated

fter the fifteenth (15th) day of the month. If a Fire

Fighter is employed after or terminated before the fif-

teenth (15th) day of the month,he/she shall be credited

with ____ hours of sick leave. Any unused portion of

such sick leave shall be accumulated until said Fire

ighter shall have a reserve of ____ hours of sick leave.

Section 2. Any sick leave takenby a Fire Fighter with _____ hoursor

less of accumulated reserve shall be first charged against

the currentyear’s accumulation of sick leave to date of ab-

sence. If the current year’s accumulation of sick leave is

exhausted, any sick leave taken shall be charged against

the Fire Fighter’s accumulated reserve of sick leave.

Any sick leave taken by a Fire Fighter with more than

_____ hours of accumulated reserve shall be first

charged against the accumulated reserve.

Section 3. When a Fire Fighter uses sick leave due to off-duty in-

jury or sickness,the Fire Fighter will be charged one (1)

hour sick leave for each hour the Fire Fighter misses

rounded to the nearest quarter hour. On February 1st

each year, each Fire Fighter shall receive a written re-

port of his/her accumulated sick leave reserve.

Section 4. On December 31st of each year, after the Fire Fighter

has accumulated his/her reserve of _____ hours of

sick leave, unused sick leave of a Fire Fighter for that

year shall be allocated as follows:

(a) Each Fire Fighter may take unused sick leave accumulated in

the previous year not to exceed ____ hours as cash payment,

if approved by the Chief or his/her designated representative,

to be paid at the regular rate of pay in effect at the time of

payment on or before February 1st of each year.

(b) Each Fire Fighter may take all or any part of unused sick

leave as vacation, if approved by the Chief or his/her desig-

nated representative. Sick leave converted to vacation may

only be used in full shifts. Any sick leave not taken as vaca-

tion shall be taken as cash payment at the Fire Fighter’s

regular rate of pay in effect at the time of payment.

Each Fire Fighter must exercise his/her option before reg-

ular vacation and sick leave converted to vacation for the

following year are selected.

Section 5. Fire Fighters who have an accumulated reserve of

more than _____ hours of sick leave as of December

31, 20____, will maintain that accumulated reserve

balance unless used for sick leave pursuant to the

provision of Section 2 above. Such Fire Fighters shall

continue to be credited with sick leave pursuant to

the provisions of Section 1 above. This credited sick

leave shall be either paid for or taken as vacation in

accordance with the provision of Section 4 above.

Section 6. At the termination of a Fire Fighter’s term of service

with the Fire Department for any reason, the said Fire

Fighter shall receive compensation in full at his or her

regular rate of pay at the time of such termination for

all accumulated sick leave and vacation time due to him

or her in hours at the termination of his or her service.

ection 7. Upon the death of a Fire Fighter, all monies due such

Fire Fighter by reason of unpaid salary, accumulated

unused vacation time, sick leave reserve or from other

sources, at the time of his or her death shall be paid to

his or her surviving spouse, or if there be no surviv-

ng spouse, then to the Fire Fighter’s estate; provided

however that if the Charter is amended the payment

will be made as required by the Charter as amended.

 Clause 2:

Section 1. Accrual of Sick Leave

All regular fulltime employees of the Fire Department shall be

credited with sick leave at the rate of ____ hours per month or

____ work days per year. Unused sick leave shall be cumulative

and available for future use. Sick leave accumulation shall be

unlimited for fulltime employees of the Fire Department from

and after May 1, 20__. An employee who leaves the service of

the City and is off the payroll for ninety (90) days (except when

on lay-off) or more, loses any sick leave which may be accrued

during the time of his/her employment. Should such employee

be rehired within ninety (90) calendar days, he/she may receive

a credit for any sick leave which he/she previously accrued.

Section 2. Conditions of Sick Leave

1. Employees of the Fire Department shall not be paid sick leave

unless they notify their immediate supervisor, when able to

do so, before the employee’s scheduled starting time on the

first day of the absence on account of sickness. If the em-

ployee’s immediate supervisor cannot be reached, the Safety

Department Medical Bureau is to be notified.

2. The Medical Bureau and/or the Personnel Department may

require a written statement from the employee justifying the

request for paid sick leave and/or a certificate from a physician

verifying the nature of the claimed sickness or injury provided

that such a Medical Bureau certification must be submitted for

any sickness or injury extending beyond ___ calendar days. The

validity of all medical excuses and certifications are subject to

review by the Medical Bureau of the Department and if refused

by the Medical Bureau, the matter shall be subject to the griev-

ance procedure. Falsification of either a written signed

statement, request for sick leave pay, or a physician’s certificate

may be grounds for disciplinary action, including dismissal.

3. Sick leave with pay shall be granted only for: (1) actual sickness

or injury; (2) confinement by reason of a contagious disease;

(3) emergency visit to a doctor or dentist for emergency med-

ical or emergency dental care by a member of his/her

immediate family; or (4) serious illness of a member or of the

employee’s immediate family (emergency). When sick, an em-

ployee’s accumulative sick leave shall be decreased as follows:

8 hour personnel: __ hours for each 8 hours off sick

10 hour personnel: __ hours for each 10 hours off sick

24 hour personnel: __ hours for each 24 hour shift off

sick or

__ hours for each __ hour increment.

Sick leave with pay shall not be granted for any sickness result-

ing from moral turpitude, intoxication or use of narcotics,

xcept that sick leave will be granted for treatment or rehabili-

tation as approved by the Director of Personnel on the same

basis as granted for any other illness.

5. New employees will accumulate sick leave credit, but cannot

se sick leave until satisfactory completion of the ini-

tial probationary period of ___ days.

An employee found to be using a leave of absence for a pur-

pose other than for which it was granted may result in the

discharge of the employee.

6. An employee shall not be required to report to the Medical

Office when returning to duty under the following conditions:

(1) A forty (40) hour employee absent no longer than ___ con-

secutive work days with no record of absence during the

previous ___ weeks.

(2) A twenty-four (24) hour shift employee absent for no

longer than _____ normally scheduled shift with no record

of absence during the previous ___ weeks.

(3) Any employee other than those in 1 and 2 may be requested

to report to the Safety Department Medical Bureau at the

discretion of the Medical Office or authorized officer of the

Fire Department.

Section 3. Sick Leave Conversion

Upon retirement an employee shall have the right to convert

his/her accumulated paid sick leave into a cash bonus at the rate of

___ day(s) pay for each ___ days unused accumulated sick leave.

The pay rate used shall be the same ___ month average as used

under the Police and Firefighter‘s Disability and Pension Fund.

Section 4. Light Duty

When a Fire Fighter is examined by the Department Medical

Officer and found to be fit to return to duty in a capacity less

than normally performed, he/she shall be returned to light duty

provided the Department can provide appropriate light duty.

Any Fire Fighter or Company Officer placed on light or re-

stricted duty, ___ calendar days or more, shall work an eight (8)

hour schedule, forty (40) hours per week, beginning at 0830.

Section 5. Sick Time Bank

Any employee who has used up his/her accumulated sick time

and is not covered elsewhere in this Memorandum shall be el-

igible to apply for use of the Sick Time Bank.

The Sick Time Bank shall be funded by employees depositing

___ hours of sick time in the Sick Time Bank.

1. Employee soliciting pledges of sick time must agree in writing to:

a. Repay all pledges upon return to duty.

b. Sign appropriate letter to the Chief of Division indicating (a)

above, and give copy of same to each person signing pledge.

2. Employees must solicit pledges of sick time from employees of

his/her company unit, station, battalion, or bargaining unit in

___ hour increments.

. Employees pledging sick time must do so by sending the ap-

propriate form to the Fire Department Personnel Chief

stating, “This ___ hour pledge of sick time is for use by

(name of person to whom time is pledged) who has agreed

to repay time as accumulated upon his/her return to payroll.”

4. Pledges received will be used by reverse seniority (the most

senior pledge’s time repaid first).

5. Unused sick time will be refunded.

6. Sick time shall be repaid by seniority (the most senior

pledgee’s time repaid first).

7. Any time pledged is to be considered a donation if recipient

does not return to duty.

 Clause 3:

Section 1.Sick leave shall accrue at the rate of ___ hours per month

with no maximum accrual amount. Sick leave shall be

charged on the basis of 1 hour for each hour used.

Section 2. In the event that sick leave isrequired for personalillness,

theemployee shall notify theBattalionChief at least one-

half hour prior to his/her required starting time.

Section 3. Sick leave becomes effective upon the completion of

one month’s employment.

Section 4. All sick time accumulated prior to the effective date

of this Agreement shall be retained by the employee.

Section 5. Sick leave shall be charged only against an employee’s

regular work day, and shall not be charged for ab-

sences on pre-arranged overtime work and

unscheduled call-in overtime work days. Sick leave,

once taken, may not be converted to vacation leave.

Section 6. Employees with a sick leave accumulation of _____

hours or more may convert ____ hours of sick leave to

______ hours of vacation leave once per quarter as long

as no sick leave has been used during that quarter. For

the purpose of this article, the first quarter starts on Oc-

tober 1 and ends on December 31.

Section 7. Any employee covered by this Agreement who works

a full year and does not use any sick leave within that

period (October 1 through September 30) will be al-

lowed to convert an additional ____ hours of sick

leave to ____ hours of vacation leave.

Vacation Leave:

Vacation leave benefits are specified within the collective bar-

gaining agreement.

Model contract language:

(Select the appropriate phrase[s].)

A. Each employee shall be eligible for vacation with pay after

(time) service with the Employer.

. Employees shall earn vacation allowances as of their first

date of employment.

C. Vacation allowance shall be earned annually based on the

following schedule:

Less than ___ years ___weeks or number of hours

___years or more ___weeks or number of hours

D. Method of Selection: Selection of vacations shall be on a sen-

iority basis. Employees’ vacation requests shall be submitted

by (date) of each year and approval of such requested vacation

schedules shall be received by the employee within thirty (30)

calendar days thereafter.After an employee’s vacation schedule

has been approved, it can only be changed by mutual consent.

E. It is agreed that an employee can carry forward from year to

year a maximum of _____ weeks vacation leave.

F. If a holiday occurs during the time in which a vacation is

taken by an employee, the employee shall be granted one (1)

extra day. (Describe when this time is to be taken.)

Any employee who is separated from the service (resignation,

death, retirement, or discharge) shall be compensated in cash

for all unused vacation leave accumulated at the regular rate of

pay at the time of separation.

Provided below are three sample vacation leave clauses:

 Clause 1:

A. To be eligible for a vacation in any calendar year during the

term of this Contract an employee must have continuous

service from the date of first employment with the City as set

forth below, and must work during the year in which his/her

vacation is scheduled.

B. Continuous service shall be broken by:

(1) Resignation

(2) Discharge for cause

C. Any otherwise eligible employee who has attained the years

of continuous service indicated in the following table in any

calendar year during this Contract shall receive a vacation

corresponding to such years of continuous service as follows:

Years of Continuous Service Tours of Duty of Vacation

_____ through _____ _____

_____ or more _____ _____

In no event shall a vacation or vacation pay to which an em-

ployee may be entitled be carried over or accumulated from

one calendar year to the next. A tour of duty shall be ___ con-

secutive scheduled workdays followed by ___ consecutive

scheduled days off, except for employees in Fire Prevention or

the Fire Academy.

. Vacation Selection

(1) Employees will determine vacation preference by drawing

lots within each company. Prior to December 1 each year

each employee shall submit his or her vacation preference for

he following year in accordance with the Rules and Regula-

tions of the Bureau. All vacations will start on the first day of

the scheduled work tour. Vacations for those employees who

fail to submit written vacation preference in accordance with

this procedure shall be assigned vacation periods.

(2) No later than January 1 of each year, notice of vacation pe-

riod scheduled shall be posted. The City has final discretion

to reasonably allot vacation periods throughout the calendar

year and to change such allotments in order to meet the needs

of the public safety.

(3) TheCity will allowan employee who requests a vacationchange

in writing at least ___hours prior to the time the employee is

scheduled to begin his or her vacation to reschedule such vaca-

tion if the employee is unable to report for work because of

illness or disability for three or more days immediately prior to

his or her scheduled vacation and if the employee does not take

his or her vacation during the scheduled period. An employee

who contracts an illnessor is disabled sothat heor sheisunable

to work ___ hours or less prior to his or her scheduled vacation

will be eligible for a vacation change upon immediate written

request to the City, if the employee does not take his or her va-

cation during the scheduled period.Such rescheduling is limited

to one tour of duty of vacation unless the illness continues.

(4) Should an employee’s scheduled vacation fall in a period

during which he/she is disabled, the employee may elect to

reschedule the vacation or accept pay in lieu of taking va-

cation time off.

(5) An employee transferring from one company to another may

retain and exercise his/her original vacation selection to the ex-

tent that the periods he/she selected are available in his/her new

company.Thisrule willapplyregardless of thetime of yearwhen

the employee transfers.The availability of a vacation period will

be determined solely by application of the rules governing the

maximum numbers of people permitted to be on vacation at

various times in the year as set forth in Memorandum no. ___,

dated November 10,20__.Existing practices of reschedulingva-

cations when an employee leaves a unit will continue in effect

and will apply in the months of July and August.

 Clause 2:

Section 1. Vacation Accrual.

Non Forty-Hour Employees: The following is a vacation ac-

crual schedule which shall be implemented for non forty-hour

employees covered by this Agreement: Employees will have ac-

crued vacation days according to the following schedule, minus

any vacation days previously borrowed.

Beginning of Probation through ___ years of

completed service___ days

Beginning ___ year through ___ year completed service___ days

Beginning ___ year of service___ days

In the future should the number of vacation days provided to

olice Officers increase, the amount of vacation days will in-

crease to match police department schedules for department

seniority, taking into account Association Business Leave hours

on both sides.

orty-Hour Employees: The following is a vacation accrual

schedule which shall be implemented for forty-hour employees

covered by this Agreement: Employees will accrue vacation days

according to the following schedule, minus any vacation days

previously borrowed.

Beginning of Probation through ___ years of completed service:

____days

Beginning ___ year through ___ year completed service___ days

Beginning ___ year of service___ days

Section 2. Additional Vacation Hours.

In addition to the vacation accrual amounts outlined in Sec-

tion __ of this Article, beginning the first full pay period after

____________, 20__, each employee shall receive an additional

___ hours of vacation each fiscal year.

Section 3. Floating Vacation Shifts (FVS).

A. Except as provided in Section ___, Perfect Attendance Leave,

an employee may request from his/her accrued vacation

leave, up to _____ shifts. This leave is to be taken from

his/her scheduled vacation.

An employee must apply in writing prior to the shift being

taken. Selection will be made on a first-come, first-served

basis, by log date and time entry at a location to be desig-

nated by the Division Head.

There will be a maximum of ____ employees allowed off on

FVS per shift (____ in Fire Suppression and _____in EMS, and

____ additional FVS per year per paramedic), with the excep-

tion of holidays or the day before or after a holiday. If a person

requests a floating vacation shift and is denied and the employee

calls in sick for that shift,he/she must provide a physician’s cer-

tificate signed by a physician upon his/her return to duty.

 Clause 3:

Fire Fighters with less than ___ years of service shall be entitled

to ___ working days vacation a year which shall accrue on the

basis of 26 biweekly pay periods per year. Fire Fighters with ___

years to ___ years of continuous service shall accrue ___ work-

ing days vacation a year which shall accrue on the basis of 26

pay periods a year. Fire Fighters with ___ years of continuous

service or more shall accrue ___ working days of vacation a year

which will accrue on the basis of 26 biweekly pay periods a year.

For 24 hour shift Fire Fighters, ___ scheduled working hours

shall be counted as one working day for determining the accrual

of vacation leave. For those Fire Fighters scheduled to work 40

hours a week, regardless of whether worked in shifts of eight (8)

hours, ten (10) hours, or such other shifts may be authorized

under this Agreement, eight (8) hours shall be counted as one

working day for determining the accrual of vacation leave.

Voting Leave:

 Clause 1:

Any employee entitled to vote in any public election shall be

fforded the necessary time off to do so, in accordance with the

provisions of the _____________Statutes, or any other means

that is satisfactory to the City and the Union. No employee

shall receive compensation for replacing a person while voting.

mployee shall observe strictly all rules of the Fire Department

relating to political activity insofar as they are applicable only

to hours spent on duty.

 Clause 2:

The Fire Chief may grant an employee leave with fullpay forany ab-

sence necessary for serving on a jury, attending court as a witness

under subpoena on a work-related matter or voting in an election.

Employees performing above activities on a workday must re-

port back to their job within a reasonable time after release

from their obligation above.

 Clause 3:

Any employee entitled to vote in any public election shall be af-

forded the necessary time off to do so in accordance with the

provisions of Section _____ of the _________Statutes or by any

other means thatis satisfactory to theCity,the Chief and theUnion.

PARITY WITH POLICE

Parity clauses acknowledge that fire fighting is regarded as more

physically demanding andhazardous than police work and ensures

that fire fightersare compensatedat the same level as police officers.

Provided below are three sample parity clauses:

 Clause 1:

The monthly rates paid employees covered by this Agreement

shall not be less than the monthly rates paid comparable ranks

of the _______ Police Department. The comparable ranks are

as follows:

Fire Fighter — Police Officer

Fire Lieutenant — Police Sergeant

Fire Captain — Police Lieutenant

Chief Fire Officer — Police Captain

It is clearly understood that parity extends only to wages be-

tween the foregoing classifications of employment and that

wages are those that are identified by the official City of

________ pay plan. It is further agreed and understood that par-

ity exists exclusively with wages and does not include other

terms and conditions of employment.

 Clause 2:

The Union shall havethe right to require an adjustment to equal an

increase subsequently negotiated in wages or shift differential paid

to the employees of the Police Department of comparable rank.

 Clause 3:

Traditional police-fire pay parity means that the full time Police

Officer and the full time Fire Fighter, whose base salaries are the

same, will experience identical salary rate changes with identical

effective dates throughout the fiscal year so that the total base

pay of a Police Officer is equal to that of a Fire Fighter in any fis-

cal year covered by this Agreement. Similarly, the Fire Sergeant

and Fire Engine Operator will have parity with the Police Inves-

tigator, the Fire Lieutenant has parity with the Police Sergeant,

the Fire Captain with the Police Lieutenant, the Battalion Chief

ith the Police Inspector, and the Chief of the Fire Department

with the Police Deputy Chief - Operations.

If there is established for 20__-20__ by arbitration, negotiations

or otherwise different compensation or cash benefits for non-

ivilian employees or officers of the ______ Police Department

than are found in this Agreement, this Agreement shall be ad-

justed to conform thereto so as to maintain the traditional

relationship for all corresponding ranks, of fire-police parity.

PENSION AND RETIREMENT

Pension clauses provide specifics on pension and benefits on

retirement, disability and death. Benefits outlined in the col-

lective bargaining agreement often include retirement pension,

surviving spouse pension, disability pension.

Provided below are three sample pension and retirement

clauses:

 Clause 1:

(A) Every covered employee who is at least ___ years of age may

make application to retire after ___ years of continuous

service and shall be eligible to collect a pension.

(B) Every covered employee less than ___ years of age may

make application to retire after ___ years of continuous

service and shall be eligible to collect a pension after he/she

has made pension contributions (1) for ___ continuous

years regardless of age or (2) until reaching age ___. Such

pension contributions shall be determined by the annual

salary the covered employee would have received if he/she

had continued in active City service at the same rank which

he/she held at the time he/she left City employment.

period of ___ years but fewer than ___ years and who has

reached the age of ___ years shall be entitled to be retired

and shall be eligible for pension at the rate of ___ % [__%

on or after January 1, 20___] of his/her salary of the date

of retirement.

(D) Every covered employee who has served for a continuous

period of ___ years and who has not reached the age of ___

and who: (1) has contributed for ___ continuous years re-

gardless of age; or (2) continues contributing until

reaching the age of ___ shall be entitled to be retired and

shall be eligible for pension at the rate of ____% [___%

on or after January 1, 20___] of the annual salary he/she

would have received if he/she had continued in active City

service at the same rank which he/she held at the time

he/she left City employment.

(E) Every covered employee with at least ___ years of continu-

ous active service shall receive service increments for each

full year of service beginning with the ___ up to and in-

cluding the ___ year of continuous service at the rate of

____% [___ percent (___%) on or after January 1, 20___]

per year of the annual salary. The maximum number of

service increments shall be ___. However, every covered

employee retiring with at least ____ but fewer than ____

years of continuous service shall receive credit for ____

service increments.

(1) Every covered employee may make application to retire

after ____ years of continuous service and shall be entitled

to be retired and eligible for pension at the rate of ___%

[___% on or after January 1, 20___] of the annual salary

e/she would have received if he/she had continued in City

employment at the same rank he/she held at the time he/she

left City employment if he/she has (1) reached the age of at

least ___ years; or (2)makes pension payments equal to

____ years of service regardless of age.

(2) Every covered employee may make application to retire

after ____ years of continuous service and shall be entitled

to be retired and eligible for pension at the rate of ___%

[___% on or after January 1, 20___] of the annual salary

he/she would have received if he/she had continued in City

employment at the same rank he/she held at the time he/she

left City employment if he/she has (1) reached the age of at

least ___ years; or (2) makes pension payments equal to

____ years of service regardless of age.

(3) Every covered employee regardless of age having served for a

continuous period of ____ years shall be entitled to be retired

and eligible for pension at the rate of ___% [___% on or after

January 1, 20___] of his/her salary on the date of retirement.

(4) Every covered employee regardless of age having served for

a continuous period of _____ years shall be entitled to be

retired and eligible for pension at the rate of ____%

[____% on or after January 1, 20___] of his/her salary on

the date of retirement.

(5) Every covered employee regardless of age having

served for a continuous period of ____ years shall be entitled

to be retired and eligible for pension at the rate of ____%

[____% on or after January 1, 20___] of his/her salary on the

date of retirement.

(6) Every covered employee regardless of age having served for

a continuous period of _____ years shall be entitled to be

retired and eligible for pension at the rate of ____%

[____% on or after January 1, 20___] of his/her salary on

the date of retirement.

(F) Effective January 1, 20___, every covered employee hired

before _______, 20___, shall pay into the Firefighter‘s Pen-

sion Fund the amount of ____% of base pay, longevity,

holiday pay, and shift differential. ____% of the ____%

shall be applied to widows’ payments. Every covered em-

ployee hired after ________, 20___, shall continue to pay

into the Firefighter’s Pension Fund the amount of ____% of

base pay, longevity, holiday pay, and shift differential. One

percent (1%) of the ____% shall be applied to widows’pay-

ments. Effective _________, 20___ every covered employee

shall pay into the Fire Pension Fund the amount of ____%

of base pay, longevity, holiday pay, and shift differential.

____% of the ____% shall be applied to widows’ payments.

(G) Every covered employee who served in the Armed Forces of

the United States subsequent to _______, 20___, and who

was not a member of the covered Fire Department prior

to such military service, shall be entitled to have full credit

for each year or fraction thereof, not to exceed ____ years

f such service, upon his/her payment to the Fire Pension

Fund of an amount equal to that which he/she would have

paid had he/she been a member during the period for

which he/she desires credit, and his/her payment to such

fund of an additional amount as the equivalent of the con-

ributions of the City on account of such military service.

All purchased military time shall be credited as “Active

Service” for pension purposes.

 Clause 2:

Pension Rights

Except as provided in thisAgreement,the City agrees not to change

or diminish employee pension benefits provided by Chapters __ or

__ of the City Charter. Employees covered by this Agreement, in-

dividually and collectively, expressly consent and agree to the

changes in pension benefits specified in this Agreement even

though their implementation by subsequent legislation may be

considered a diminishment or impairment of annuities and other

benefits within the meaning of Section ____ of the ERS Act.

Pension Benefits

Pension benefits for an employee covered by this Agreement

who is a member of the Employees’ Retirement System (ERS)

shall be those benefits defined in Chapter ___ of the City Char-

ter that are applicable to a fire fighter. These pension benefits

shall continue unchanged during the term of this Agreement.

Solely for purposes of the global pension settlement, employ-

ees who are on a medical leave of absence on ___________,

20___, and other like situations as mutually agreed to by the

City and the Union, shall be considered to be in active service

on ___________, 20___. Creditable service for active military

service, as provided in _______, shall be extended to employ-

ees represented by the Association who participate in the

combined fund and who retire on a service retirement on and

after _________, 20___. Effective for employees hired after the

execution date of the 20___-20___ City-Association Agree-

ment, when a retirement application is filed by an employee

covered by this Agreement who seeks a Duty Disability Retire-

ment Allowance based upon a mental injury, the application

shall be referred to the Medical Council established under

_____ of the City Charter, in lieu of the Medical panel, which

Medical Council shall determine and certify whether the ap-

plicant is permanently and totally incapacitated for duty as a

result of such mental injury in accordance with the require-

ments of Chapter ___ of the City Charter. In any

re-examination authorized by Chapter ____ of the City Char-

ter of such retired beneficiary, the beneficiary shall be referred

to the Medical Council, in lieu of the Medical Panel, for reex-

amination and such Medical Council shall make the

determination and certification required under the provisions

of Chapter ____ of the City Charter for reexaminations.

 Clause 3:

Pension Benefits. All regular sworn full-time employees shall

apply for coverage in the ____________Fire Fighters Pension

Fund. If the employee is accepted, an amount shall be deducted

from each employee’s paycheck for his/her contribution to this

plan. In addition, the District shall contribute appropriate

funds for each employee. The Employer agrees under

______________Pension Code, to pick up the employee’s con-

tributions under ________________ of the same Code.

PROMOTION

Promotion clauses outline standards and procedures to be uti-

lized by management when a promotional decision is made.

odel contract language:

1. The following procedure shall govern all promotions within

the Fire Department: (Choose appropriate clause[s].)

. All examinations shall be impartial and shall relate to those

matters which will test fairly the candidate to discharge the

duties of the position to be filled. Eligibility for promotion

to the positions of (specify) shall be used on: (Choose ap-

propriate requirement[s].)

1. Length of Service ______ %

2. Written Examination _____%

3. Oral Examination _____%

4. Performance or Physical Test _____%

5. Education _____%

B. Examination material shall consist of (specify) . Text and

reference materials that may be used for studying purposes

will be given to employees #____ working days prior to the

examination.

C. The oral examination shall be given by a #_____ member

panel consisting of (specify). Questions shall be in keeping

with knowledge and requirements for the rank considered.

D. Promotional examinations shall be held (specify).

E. Announcements for promotional examinations shall be

posted in each fire station # _____ days prior to the closing

date for applications. Applications received after the clos-

ing date will not be considered.

F. All applicants will be notified of their final score and their

relative standing. The period of eligibility of the promo-

tional list shall be for (specify).

G. If a vacancy exists, it shall be filled within # _____ work days.

H. Promotions shall be made in rank order from the top of the

promotional standing list.

I. An employee shall serve a probationary period of # _____

months.If,duringthat period,the employee fails toperform sat-

isfactorily the duties of the newposition,he/she willbe permitted

to return to his/her original position without loss of seniority.

All promotions shall be made in accordance with Civil Service

Rules (specify) as last amended.

Provided below are three sample promotion clauses:

 Clause 1:

Section 1. Seniority in the Department shall be recognized. In

making promotions up to and including the Fire

Fighters 1st Class in the Department, such promo-

tions shall be made from the permanent staff in

accordance with the provisions of Section ____.

ection 2. All promotions within the Department shall be sub-

ject to a one year probationary period.

Seniority in the non-fire fighting positions will not

apply as seniority in the fire fighting positions.

embers transferring to other branches, other than

Fire Prevention and Training, will retain their re-

spective positions on the former division

throughout the probationary period of ___. During

this period, requests in writing for transfer back to

their former division will be honored. Such transfer

will be made without prejudice as vacancies permit

in the respective divisions.

After the probationary period expires, members wish-

ing to transfer back to their respective division will

apply in writing. Such applications will be honored as

vacancies permit. Such members will assume their

former classification and for a period of ___ following

the date of transfer will not be eligible for promotion.

After the ___ period expires, the member shall assume

his/her proper seniority less the time spent in the for-

mer division. Seniority in a division will be recognized

for promotions within that division.

Members transferring to Fire Prevention will retain

their respective positions in their former division for

a period of ____.During this period, requests in writ-

ing for transfer back to their former division will be

honored. Such transfer will be made without preju-

dice as vacancies permit in the respective division.

After the ___ period expires, members wishing to

transfer back to their respective division will apply in

writing. Such members will assume their former clas-

sification and for a period of ___ following the date

of transfer will not be eligible for promotion.After the

___ expires, the member shall assume his/her proper

seniority less the time spent in the former division.

Members transferring to the Training Division will

retain the option to return at any time to the posi-

tion they held in their former division. Requests in

writing for transfer back to their former division

will be honored without prejudice as vacancies per-

mit. Such members will assume their former

classification and for a period of ___ following the

date of transfer will not be eligible for promotion.

After the ___ expires, the member shall assume

his/her proper seniority. The ___ waiting period

shall not apply in cases where the period in the

Training Division has been less than ___.

Section 3. Members shall not be transferred from shift to shift

to fill a temporary vacancy. In cases where senior po-

sitions are required to be filled temporarily or where

it is necessary to have a temporary assistant, firstly

the senior officer, or secondly the senior member on

the eligibility list on the platoon concerned shall be

used to fill the vacancy.

In the event the member, in accordance with the above,

is not available, firstly the next officer or secondly the

ext member available on the eligibility list on the pla-

toon concerned will be used to fill the position. The

member so used shall be paid at the rate of pay for the

actual time worked in the temporary position.

n the event of a temporary absence from the station

of a Platoon Chief and/or Station Captain, the sen-

ior officer and/or senior member on the eligibility

list at the station concerned will be used in this

higher position and shall be paid at the higher rate

for the actual time worked.

Section 4. The promotions above that of Fire Fighter 1st Class

shall be made on the following basis:

(a) Written examination ___%

Oral examination ___%

Practical examination ___%

Records ___%

(b) The records shown above are to be divulged to the exami-

nation board prior to the writing of the examinations.

(c)Examinations shall be based on the training received in the

__________ Fire Department and general fire fighting pro-

cedures and supervisory ability.

(d) To qualify, a candidate must receive a passing mark of ___%

of the combined examinations outlined in Section 4(a).

(e) Applicants who have failed to pass shall, if they elect to do

so, be allowed to write the supplemental examinations as

shown in Section 4(a) after expiration of ___ months. If

they should fail, they must wait until the next eligibility ex-

amination is held.

(f) For the promotion to the rank of Lieutenant an eligibility

list consisting of ___ members shall be established. If the

list falls below ___ people, an examination shall be held in

accordance with procedures established for examinations.

In filling these vacancies up to a maximum of ___ mem-

bers of the Department will be allowed to write, based on

their seniority and with at least ___ years service in the Fire

Fighting Division.

(g) Successful candidates shall be placed on the eligibility list

in order of seniority. This includes any candidate added to

the list through supplementary examinations.

(h) Promotions from the rank of Lieutenant to Captain will be

made solely on seniority on the eligibility list and passing a

satisfactory medical examination. No additional examina-

tion will be required.

(i) Where a candidate desires to write the examination but is

unable to do so because of illness, accident or for compas-

sionate reasons, the exams may be postponed at the

discretion of the Board of Promotion.

(j) Any member who is next in line for promotion, but who for

any cause declines or refuses in writing to accept such pro-

motion, shall retain his/her seniority and shall be eligible

for subsequent promotions.

(

k) Persons eligible to apply for the position of Chief Training

Officer will be first those who have attained the rank of As-

sistant Training Officer, and if no applications are received,

members holding the rank of Platoon Chief shall be eligi-

ble to apply, and if no applications are received, members

olding the rank of Captain in the fire fighting force shall

be eligible to apply; and if no applications from Captains

are received, members holding the rank of Lieutenant in

the fire fighting force will be eligible to apply.

Applications for the position of Assistant Training Officer

shall first be accepted from those who have attained the rank

of Platoon Chief in the fire fighting force; and if no appli-

cations from Platoon Chiefs are received, members holding

the rank of Captain in the fire fighting force will be eligible

to apply; and if no applications are received, members hold-

ing the rank of Lieutenant in the fire fighting force will be

eligible to apply.

Personnel eligible to apply for the position of Chief Fire

Marshall shall be those members who have attained the po-

sition of Fire Prevention Officer III. If no applications

received from members then position will be open to mem-

bers holding the rank of Fire Prevention Officer II.

Subsequently, if no applications are received from members

holding the rank of Fire Prevention Officer II, then appli-

cations will be accepted from any member in the rank of

Fire Prevention Officer I.

Personnel eligible to apply for the position of Platoon Chief

shall be those members who have attained the rank of Cap-

tain in the fire fighting force. The person selected for all of

the positions referred to in Section 4(k) must have a suitable

personality, ability and background for the position. When

applicants for these positions are assessed, it is agreed that

two members appointed by Local ___ will participate in the

assessment process excluding the final selection of the suc-

cessful candidate.

Section 5.

(a) The Board of Promotion shall consist of:

___ Employer’s representatives, the Fire Chief

___ Captains or Lieutenants appointed by the Union

(b) The duties of the Board of Promotion shall be to establish

standard examination and examination procedures; to ap-

point supervisors for examinations; to determine and select

successful candidates as a result of such examinations.

side shall have any direct family relationships to any candi-

date participating in the examinations.

Section 6.

(a) Examination papers shall be so handled as to ensure that

the candidate’s identification of each examination paper is

not available until they have all been marked.

(b) Examination papers shall be handled so as to ensure strict

secrecy prior to writing, and members of the Board shall

keep the contents confidential.

ection 7. Each candidate shall be notified of his/her results by

letter immediately after the examination schedule is

completed. The eligibility list shall be posted on the

Department

otice Board ___ days after the examination sched-

uled is completed.Any candidate may review his/her

results with the Board. Candidates wishing to con-

test the Board’s ruling must do so in the ___ days

between the completion of the schedule and the

posting of the eligibility list.

Section 8. Any employee promoted to a higher rank shall act in

that rank and be on probation for a period of ___

from the time of such promotion.

Section 9. Fire Fighter 2nd Class, 3rd Class, and 4th Class shall

write annual and perform practical examinations set

by the Chief or Deputy Chief, Training Officer or As-

sistant and ___ Officers appointed by the Union, and

shall pass such an examination before receiving pro-

motion to the next higher group. In the event of failure

to pass such an examination, a supplemental exami-

nation shall be set within ___ days of the results of the

first examination and failure of the supplemental ex-

amination shall mean no increment or promotion in

that year but such failed candidate shall one year later

be eligible to rewrite his/her promotional examina-

tions, a passing mark of ___% or better is required.

 Clause 2:

Criteria for promotion and promotional testing within the bar-

gaining unit, excluding Fire Equipment Mechanic, shall be as

follows:

Fire Apparatus Operator

1. All candidates must have a minimum of ___ years service

with the Fire Department as a Fire Fighter.

2. All candidates must hold current certification by SFFR to the

following standard: NFPA 1002 – Fire Apparatus Driver/Op-

erator Professional Qualifications; General Requirements,

Apparatus Equipped with and Attack or Fire Pump, and Ap-

paratus Equipped with an Aerial Device.

3. All candidates must have a satisfactory service rating.

Fire Captain

1. All candidates must have a minimum of ___ years service

with the Fire Department as a Fire Fighter, Fire Apparatus

Operator, and/or Fire Inspector.

2. All candidates must either hold the rank of Fire Apparatus

Operator or Fire Inspector to be eligible for promotion to

Captain.

3. All candidates must hold current certification by SFFR to the

following standards: NFPA 1021 – Fire Officer I, NFPA 1041-

Fire Service Instructor I

4. In addition to the certifications in Section above, candidates

who are Inspectors must also hold current certification by

SFFR to the following standards: NFPA 1002 – Fire Appara-

tus Driver/Operator Professional Qualifications; General

Requirements, Apparatus Equipped with an Attack or Fire

Pump, and Apparatus Equipped with an Aerial Device.

5. By ______, 20__, any employee seeking to promote to the

position of Fire Captain must have held the rank of Fire Ap-

aratus Operator to be eligible.

6. All candidates must have a satisfactory service rating

Fire Inspector

1. All candidates must have a minimum of ____ years experi-

nce with the Fire Department as a Fire Fighter, Fire

Apparatus Operator, and/or Fire Captain.

2. All candidates must hold current certification by SFFR to the

following standards: NFPA 1031 – Fire Inspector I, NFPA

1033 – Fire Investigator I.

3. All candidates must have a satisfactory service rating.

D. The department will offer the following certification classes

at the ________Training Center and/or other locations in the

city to candidates for promotion who do not possess neces-

sary certifications before promotional testing is provided:

1. NFPA 1002- Fire Apparatus Driver/Operator Professional

Qualifications; General Requirements, Apparatus Equipped

with an Attack or Fire Pump, and Apparatus Equipped with

an Aerial Device for candidates for Fire Apparatus Operator.

2. NFPA 1021- Fire Officer I for candidates for Fire Captain.

3. NFPA 1041- Fire Service Instructor I for candidates for Fire

Captain.

4. NFPA 1031 – Professional Qualifications for Fire Inspector

and Plan Examiner.

5. NFPA 1033 – Professional Qualifications for Fire Investigator.

Section 1. A permanent vacancy is created when the City de-

cides to increase the work force and fill a new

position(s) or when there is a termination, promo-

tion, demotion, or discharge and the City decides to

replace the previous incumbent. The City retains sole

discretion in determining whether vacancies exist.

Section 2. Promotional examinations shall be conducted on a

biannual basis starting in 20___. However, interim

examinations may be conducted if deemed necessary

by management to meet the needs of the depart-

ment, and upon approval of the Civil Service Board.

Section 3. Return to Former Position. During the first six

months immediately following the date of promo-

tion, the promotional employee may request to be

returned to his/her former position. Requests of this

nature will result in a return to the former position

with the return date to be determined by the Fire

Chief or his/her designee.

Holidays, vacation time, and sick leave shall not be

considered a break in continuous time for purposes

of this article.

Section 4. When an employee is promoted in rank, the em-

ployee shall be placed into the pay grade of the new

rank commensurate with his/her years of service.

 Clause 3:

All promotions in the Fire Bureau shall be made within the

ranks of the paid members of the Fire Bureau, and shall be

made by competitive examinations administered by the ap-

propriate Civil Service Board, and, to the extent practicable,

examinations shall test applicants relating to materials taken

rom an approved fire service manual prescribed for use in the

Fire Bureau at least ___ months prior to the date of examina-

tion. The final score for promotional examinations shall be

determined by adding seniority points to the score from the

written test. Any individual who fails to score at least ____%

n the written examination will not be eligible for promotion.

The City will interview candidates for promotion but will not

utilize oral examinations as a graded component in the pro-

motion process. Seniority points shall be determined in the

following manner:

___ full point(s) for each of the first ___ years of service and

___ point(s) for each year of service after ___ years.

Civil Service promotional examinations shall be held no less

frequently than _________. To the extent practicable, a mem-

ber of the Civil Service Board shall be present when written

tests are being conducted, and Union shall have the right to

designate a monitor to be present.

Beginning ___________, 20___, all promotional exams shall

be given every other year rather than every year, and that the re-

sultant promotional list shall remain in effect for ___ years, or

until a new examination is given and a new list created,

whichever occurs first. An employee shall be eligible to take

promotional examinations in the month of November of the

year prior to his/her eligibility. He/she shall then be eligible for

promotion at any time during the years the promotional list is

valid. A Lieutenant shall have at least ___ completed years of

service, and certification as a Driver/Operator, Fire Fighter 2. A

Captain shall have at least ___ years of service as a Lieutenant

and a Battalion Chief shall have at least ___ completed years of

service as Captain.

All eligible candidates shall be notified of the test at least ___

days prior to _______________.

RANK FOR RANK OVERTIME

A rank for rank overtime clause ensures that all overtime will

be filled by an employee who is in the classification that regu-

larly performs the work for which overtime is required.

Provided below are three sample rank for rank overtime

clauses:

 Clause 1:

All overtime shall be filled by an employee holding an equal

rank as the work assignment which has been vacated as a result

of an absence whenever possible. The Shift Commander may

give consideration to the qualifications of the employees to fill

the position on said overtime list. (i.e., if a Fire Fighter has been

or agreed to be temporarily upgraded to fill a Fire Apparatus

Operator’s work assignment, and such upgrade causes over-

time as a result of an absence, that position shall be filled by a

Fire Apparatus Operator).

 Clause 2:

Overtime work shall be assigned only to those employees who

are within the range and/or classification that normally per-

form the work for which such overtime is required.

 Clause 3:

All overtime shall be worked on a rank for rank basis, if avail-

ble, i.e., Fire Fighters work in Fire Fighter vacancies, Operators

work in Operator vacancies, etc. Hiring rank for rank shall be

suspended if this procedure would result in hiring personnel

in excess of minimum staffing.

ALARY PROGRESSION

 Clause 1:

Step Advancement in Rate of Compensation

Salary Steps

Step 1. Firefighter Recruit – shall be entry level step for new

unit employees in the classification of Firefighter Re-

cruit and shall be advanced to Step 1.

Step 1. Firefighter – A unit employee in the classification of

Firefighter Recruit shall advance to Step 1 of Firefighter

classification.

Step 2. A unit employee who receives an evaluation that meets

standards or above shall receive this step after the com-

pletion of six (6) months of service in Step 1 in the same

classification.

Step 3. A unit employee who receives an evaluation that meets

standards or above shall receive this step after comple-

tion of one (1) year of service in Step 2 in the same

classification.

Step 4. A unit employee who receives an evaluation that meets

standards or above shall receive this step after comple-

tion of one (1) year of service in Step 3 in the same

classification.

Step 5. A unit employee who receives an evaluation that meets

standards or above shall receive this step after comple-

tion of one (1) year of service in Step 4 in the same

classification.

Step 6. A unit employee who receives an evaluation that meets

standards or above shall receive this step after comple-

tion of one (1) year of service in Step 5 in the same

classification.

Below Standards Evaluation – a unit employee who receives an

evaluation that is below standards shall not be advanced to the

next step until they receive an evaluation that meets standards

performance or above. Unit employees so affected shall be re-

evaluated within 6 months. Any employee denied a step

increase shall be notified in writing of reasons for denial.

 Clause 2:

Fire Fighter Rank Step Schedule

Step A. Fire Fighters, from Probation through eighteen (18)

months after date of employment.

Step B. Fire Fighters, from the 19

month after date of em-

ployment through completion of 60

month after date

of employment.

Step C. Fire Fighters, from the 61

month after date of em-

ployment until eligible for Fire Fighter Step D.

Step D. Fire Fighters with at least ten (10) years seniority in

rank and an Associates Degree or higher or Fire Fight-

ers with fifteen (15) years seniority in rank shall be

eligible for Fire Fighter Step D.

Step E. Fire Fighters with at least fifteen (15) years seniority in

rank and an Associates Degree or higher or Fire Fight-

ers with twenty (20) years seniority in rank shall be

eligible for Fire Fighter Step E.

SECTION 125 PLAN

An IRS Code Section 125 Flexible Benefit Plan allows an em-

ployee to choose benefits that best fit their personal situation.

It makes it possible for the employee to make any of the con-

tributions to their fringe benefits on a “Pre-Tax”basis, and also,

to set aside via voluntary deduction additional “Pre-Tax” dol-

lars to pay for out-of-pocket Dependent Care and/or Medical

Expenses through separate Flexible Reimbursement Spending

Accounts.

The Section 125 Plan allows an employee to spend their bene-

fit dollars for the benefits

that they choose.

Provided below are two sample Section 125 clauses:

 Clause 1:

Section 1. The City will make available a Section 125 plan on a

group basis to bargaining unit employees to the same

degree that such a plan is provided to other non-

managerial City employees.

Section 2. Eligible participating bargaining unit employees will

pay the full administration cost for their participa-

tion in the plan.

Section 3. The City reserves the right to terminate or alter pro-

visions of the Section 125 plan or any part thereof

for unit members on the same terms as all other City

employees, with prior notice.

Section 4. The wages of employees for pension contributions

and pension benefit purposes will be based on the

gross wages, before the Section 125 redirection.

Section 5. Nothing herein, nor in the Section 125 plan, except

requirements established by the Internal Revenue

Service governing the administration of such plans,

shall affect the provisions for Health and Life Insur-

ance under Article _____.

 Clause 2:

The Town shall maintain a Section 125 Plan to which employ-

ees will be entitled to make contributions to cover the

employee’s proportionate share of the cost of medical, hospital,

major medical and dental insurance coverage. Contributions

under this Section may be made in the form of a payroll de-

duction authorized in accordance with the provisions of

Section ____ of this Agreement.

SEVERANCE PAY AT LAYOFF OR DISMISSAL

Severance pay clauses are negotiated to provide a Fire Fighter

who is laid off or dismissed compensation for accrued vaca-

tion, sick leave and holiday pay. In addition, an employee may

e entitled to severance pay in the form of salary for an estab-

lished time frame.

Model contract language:

n employee, after completing a probationary period of

_______, shall receive

severance pay at the rate of _____ months pay for each year

of service, or major

fraction thereof. Such severance pay shall be based on the

highest monthly salary

received during employment.

Provided below are three sample severance pay clauses:

 Clause 1:

An employee of the Fire Department separated from the serv-

ice of the Fire Department because of involuntary termination,

except for employees terminated for misconduct, shall receive

severance pay in addition to any other compensation that may

be due him/her.

Said separated employee shall receive as severance pay ____

weeks (____ hours) pay computed at the employee’s regularly

hourly rate of pay based on a ____________hour work week.

An employee will be eligible for severance pay _______ months

after his/her date of hire.

 Clause 2:

If an employee with _____ or more continuous years of full-

time employment is terminated for reasons beyond the

employee’s own control (e.g., reduction in force, abolishment

of the position, etc.), the employee shall be paid _____month’s

severance pay. An employee who terminates his employment

on his/her own volition or who is terminated for disciplinary

reasons shall not be paid any severance pay.

 Clause 3:

Except for cause, when a permanent member of the Local is re-

lieved of his/her position, he/she shall be given ___ days notice,

or in lieu thereof, ___ month(s) pay, or any longer notice spec-

ified by the Employment Standards Code.

SHIFT DIFFERENTIAL

Shift differential pay clauses are negotiated to compensate an

employee for working non-traditional hours.

Model contract language: [Select phrase(s)]

In addition to the established wage rates, the Employer shall

pay an hourly premium of $_____ to employees for all hours

worked on shifts worked between _____ P.M. and _____ A.M.

In addition to the established wage rates, the Employer shall

pay an hourly premium of $_____ to employees for all hours

worked on Saturdays and Sundays.

rovided below are three sample shift differential clauses:

 Clause 1:

(1) Night differential shall be paid at the rate of ___% of the

fire fighter’s annual base salary plus longevity. This differ-

ntial shall be paid only to fire fighters who are regularly

scheduled to work rotating tours that include the ___ p.m.

to ___ a.m. night tour, and only to fire fighters actually

working that night tour.

(2) Payments shall be made in February and August of each year

for the preceding __________ pay periods. Fire fighters who

qualify for night differential pursuant to Section 1 above, for

any part of a bi-weekly pay period,shall receive the night dif-

ferential payment for that entire bi-weekly pay period.

(3) Night differential payments shall continue to be paid in ac-

cordance with the conditions as provided above during

periods of paid absence such as: vacation, sick leave and

personal leave days. During absence due to non-job-

related illness or accident, night differential shall be

included only at the discretion of the Commissioner of the

Department, subject to review by the City Manager. During

non-paid leave of absence, fire fighters shall not receive

night differential payment.

 Clause 2:

A permanent employee who works a regularly scheduled shift,

which has hours, the major portion of which fall between the

hours of ___ and ___ a.m. shall be paid a shift premium of

$________ per hour for all hours worked on this shift effective

January 1, 20___.

 Clause 3:

In addition to all other compensation provided, employees as-

signed to shifts on Sunday shall receive a shift differential of

$_______.

SICK LEAVE INCENTIVE

Sick leave incentive clauses are negotiated to discourage sick

leave usage and to reward those who use minimal sick leave.

Provided below are two sample sick leave incentive clauses:

 Clause 1:

In the event that an employee uses no sick leave during a contract

year, the employee shall receive from the Village the sum of

$________ which,shall be contributed by the Village to the PEHP

(Post-Employment Health Plan) plan on behalf of the employee. If

the employee uses one day of sick leave the contribution shall be

$_______ and if the employee uses two days it will be $________.

 Clause 2:

Any employee covered by this Agreement who works a full year

and does not use any sick leave within that period will be al-

lowed to convert an additional __________ hours of sick leave

to ________ hours of vacation leave.

STAFFING

Clauses on staffing are negotiated to ensure sufficient person-

nel are maintained on duty and available for response to

alarms. In addition, staffing provisions ensure that sufficient

personnel are placed on all units.

odel contract language:

Sufficient personnel shall be maintained on duty and available

for response to alarms. Sufficient fire fighter personnel shall be

available to provide a minimum of four (4) fire fighters and

ne (1) officer per unit of response. By definition, a unit is

an engine company or a ladder company.

If sufficient personnel are not available to meet the minimum

staffing requirements, fire fighters shall be retained or recalled

on overtime.

Provided below are three sample staffing clauses:

 Clause 1:

The City agrees to provide the following staffing levels at all

times:

Each single piece Engine Company shall have a minimum of

________ line personnel.

Each Engine Company with a hose wagon shall have a mini-

mum of ________ line personnel.

Each three piece Engine Company shall have a minimum of

_________ line personnel.

Each Truck Company shall have a minimum of ________ line

personnel.

Each Battalion shall have a minimum of ______ Battalion

Chief or person acting in his or her capacity per shift.

At the Fire Chief’s discretion, and notwithstanding the above

provisions, the following vacancies need not be filled: (a) a total

of _______ employees absent for four and one-half (4.5) hours

or less, regardless of the reason for the absence occurring; and,

(b) a maximum of ______ employees absent for four and one-

half to nine (9) hours for training, as defined in Section ____

of the Department’s Official Action Guide.

 Clause 2:

No more than _____ Task Force Companies will be staffed with

less than _______ employees during the term of this contract.

Staffing of other fire suppression apparatus will continue to be

_______ employees in accordance with the practices existing

on the date of ratification of this Contract. For purposes of

this Article, the fireboat and Engine 2 will be considered to be

a single apparatus.

These provisions are not intended to affect the general rights of

the City to determine staffing and the number and location of

companies, except as expressly provided in this Article.

If the City intends to reduce the number of suppression com-

panies, the Union will be notified in advance and consulted.

 Clause 3:

A. Fire Suppression and Rescue

1. The vehicle and equipment staffing complements which are

currently maintained shall continue to be maintained at those

evels (i.e., _______ members on all trucks and engines) ex-

cept as set forth for the balance of this Contract term.

2. At each airport on each shift the city shall maintain _______

fire engineer(s) and ______ firefighter(s) on each crash fire

pparatus and also _______ company officer(s) per shift at

each airport for all crash fire apparatus; except no firefighter

need to be maintained on the crash fire apparatus to which a

company officer is assigned that day. These minimum staffing

requirements shall not be waived under the provisions of Sec-

tion 16.4D which shall not be applicable to this Section 16.4A2.

3. The number of fire companies and apparatus shall continue to be

maintained at no less than those levels maintained on _______,

20___ (for example,________ engine companies,______ truck

companies, ______ squad companies,the Haz Mat Unit and the

Fire Boat), as well as the number of battalions on said date.

4. The City shall continue to maintain a minimum of ________

platoon employees on duty on each of the _______ platoons

at the Fire Department shops; and shall use a Firefighter as a

Lieutenant when the Lieutenant is absent on his/her Platoon’s

scheduled work day, in which case the Firefighter will receive

Lieutenant’s pay.

B. EMS and Ambulance Staffing

Effective upon contract ratification, Emergency Medical Serv-

ices and ambulances shall be staffed as follows:

1. ______ EMS Field Officer(s) per EMS District on a daily

basis with a minimum of _________ EMS Field Officers on

a daily basis.

2. a. _____ Paramedic and ________ Paramedic in Charge or

_________ Ambulance Commander in each of ________or

more ambulances on average on a daily basis over a one week

period (Monday-Sunday), but no less than _____ ambu-

lances on a daily basis; provided that if due to exceptional

circumstances on a given day __________ or more ambu-

lances cannot be maintained in service, or if ________ or

more ambulances per day by weekly average cannot be main-

tained in service, the Union shall be notified in either or both

instances, and the Union and the Employer shall meet on the

next regular business day to discuss the reason for the prob-

lem and steps to be taken to avoid a repetition; and

b. ______ EMT-B employees in each of _______ or more

additional ambulances on a daily basis.

3. The EMT-B employees shall be detailed to the ambulances ref-

erenced above. The most senior EMT-B employee on each of

these ambulances for the day shall be paid at the employee’s next

pay step and shall be in charge and responsible for any necessary

documentation. It is provided that no EMT-B employee shall be

detailed to any of these ambulances more than _______ of the

employee’s duty days in a calendar quarter (January-March,

April-June, July-September, October-December).

4. When required, an EMT-P and/or an EMT-B on anALS Engine

Company shall assist on an ambulance, in which case the ALS

Engine shall accompany the ambulance to the hospital.

TUITION REIMBURSEMENT

Tuition reimbursement clauses ensure that costs associated with

the employees education process are reimbursed by the Employer.

odel contract language:

The Employer will reimburse all employees for any cost in-

curred for books, fees, and tuition upon successful completion

of courses related to the fire service area and for all courses

ecessary to complete degrees in fire service areas.

Provided below are three sample tuition reimbursement

clauses:

 Clause 1:

The City agrees to reimburse the employees for any approved

job related course upon satisfactory completion of said course.

The amount of reimbursement shall be the cost to the member

for each credit hour of that approved course; the cost of books,

laboratory fees, parking and other related fees shall not be paid

by the City. Satisfactory completion of any course shall mean a

grade of “C” or better. In order to qualify for tuition reim-

bursement, the course must be approved by the Fire Chief and

the Human Resources Director before the course is taken.

 Clause 2:

It is the desire of the __________ Fire Department to encour-

age higher education of their employees in the hope that they

will be better prepared to perform their ever changing and

complex duties.

All regular status Fire Fighters qualify for education expense

reimbursement for approved courses, budget permitting, as

outlined herein.

The Department will budget and administer reimbursement

for the courses through the Training Division. Expenses for tu-

ition, books, lab fees, and applicable insurance, from any

regionally accredited colleges or schools will qualify for reim-

bursement to a maximum of $____ per employee per fiscal

year, provided a grade of “C” or better is achieved. The final

grade report and receipts for expenses must be submitted be-

fore the processing of expense reimbursement.

It is understood that the City may advance tuition payment

arrangements with individual institutions for the convenience

of employees. Where advance tuition payment has been made

by the City, the employee agrees to reimburse the City when a

grade of incomplete, D or F is received.

All employees must register their intent to pursue continuing edu-

cation during the budget planning process for the intended year of

training and obtain approval on the proper department form from

the Training Division Chief prior to the enrollment in classes. This

is to ensure the availability of course materials and budgeted funds.

The following courses of study will be considered for expense

reimbursement: Fire Science, Public Administration, Business

Administration, Human Resource Management, Emergency

Medical Management, Computer Science, Education, Fire Serv-

ice Management, Nursing and Psychology. The Fire Chief may

approve other courses of study that will enhance the ability of

employees to perform their duties.

 C

lause 3:

Subject to the provisions of this Article, the District shall provide

for 100% reimbursement of tuition and course-related textbooks

up to a maximum of $________ per fiscal year for all upper divi-

sion and graduate courses and up to a maximum of $_____ per

iscal year for all upper division and graduate courses and up to a

maximum of $______ per fiscal year for all other courses.To qual-

ify for reimbursement, the courses must be job related and must

have been taken while the employee was off duty. Employees shall

be eligible for reimbursement under this section for job-related

courses, conferences, and seminars approved by the Fire Chief,

which are offered by approved organizations and societies.A list of

such organizations and societies shall be reviewed and approved by

the Fire Chief and the Director of Human Resources.

Costs Not Covered: In terms of both time and money, the fol-

lowing costs are not covered by this program:

A. Courses must be taken on the employee’s own time, on com-

pensatory time, combination leave, educational leave, or

administrative leave approvedin advance by the Fire Chief. Chief

Officers are encouraged to adjust schedules whenever possible

to allow employees to attend classes and make up any time lost.

B. However, costs not specifically covered in this program (in-

cluding transportation, parking fees, lodging and meals) will

not be paid by the District, unless such costs are incurred

while attending classes approved by the Fire Chief at the Na-

tional Fire Academy or the ___________State Fire Academy,

up to the limits of Sec. ______.

C. Costs for which reimbursement is received from other sources.

Except that portions not covered from other sources will be paid

by the District up to the maximum provided by this Article.

D. Conventions and conferences are not covered by this reim-

bursement program.

The Fire Chief is responsible for the administration of this pro-

gram. Applications for reimbursement should be received by the

District prior to the first class session. Prior approval of the class

to be taken must be obtained by the employee as a condition of

reimbursement. An official record of grades and receipts must be

received by the District within ___ days after the last class session.

Reimbursement will be made to the employee within ___ weeks

after grade cards and receipts have been received by the District.

New employees, however, will not be reimbursed until they have

completed ________ hours of compensable service with the Dis-

trict. The County Director-Human Resources may develop such

forms and additional procedures which he/she deems necessary

to accomplish the intent of this textbook and tuition program.

UNIFORM ALLOWANCE

Uniform allowance clauses are negotiated to cover the cost of

required uniforms and/or maintenance of uniforms.

Model contract language:

A. All uniforms required of employees in the performance of

their duties shall be furnished without cost to the employees

by the Employer and maintained in good, safe condition.

. The Employer shall maintain all uniforms of the employees.

C. Each employee shall receive a uniform allowance of $

______ per year, payable (monthly, quarterly, annually,

biannually, etc.).

D. Each employee shall receive $ ______ per month for cloth-

ing maintenance.

E. Whenever the uniform, including civilian clothing when the

assigned duties require the wearing thereof, of the employee

is damaged or stolen while performing those duties he/she

shall be reimbursed for the full amount of the loss suffered.

Provided below are three sample uniform allowance clauses:

 Clause 1:

All sworn members of the Fire Division, entitled to a full uni-

form allowance, shall be entitled to a sum of money not to

exceed $______ per annum. This allowance shall be in addi-

tion to any compensation paid for initial uniforms or as a

reimbursement for uniforms damaged in line of duty and shall

be used for normal maintenance and replacement of uniforms

and for the cost of laundering fire house linens borne by mem-

bers stationed at fire houses. The allowance shall be paid in

semi-annual installments.

Every member shall receive from theCity,without cost,his/her first

official uniforms, summer and winter, and two sets of fatigue uni-

forms and one fatigue jacket with liner. Each member shall also

receive, without cost to themselves, their original personal official

equipment.Upon leaving the Fire Divisionpersonal officials equip-

ment shall be returned to the Fire Division.

Whenever the uniform, including civilian clothing when the

assigned duties require the wearing thereof, or other official

equipment of a member, including personal equipment used

in the performance of his/her duties, is damaged or stolen while

so performing those duties he/she shall be reimbursed to the

extent of the loss suffered in any sum not in excess of $______.

In case of death, retirement, dismissal, layoff or resignation, the

employee shall be paid a uniform allowance on a pro-rated basis.

 Clause 2:

The present uniform allowance policy shall be continued, ex-

cept as may be otherwise provided herein. Employees assigned

to work 40 hours and 4 or 5 days per week shall be entitled to

allowances for 1 set of uniforms for each work day of the week.

All other employees shall be entitled to allowances for 1 set of

uniforms for each work shift of their respective work periods,

but not less than 3 sets. It is further provided that uniform

items include duty T-shirts and other uniform items currently

authorized and/or as established by mutual agreement between

the Union and the respective Fire Chief.

Employees qualified to receive a uniform allowance shall be en-

titled to a replacement allowance of ___ percent of the actual

item cost of a purchased uniform.

All employees who are required to use and maintain uniforms shall

receive a uniform allowance of $___ per month. Such allowance

for each fiscal year shall be paid once annually on or about June

30th of the fiscal year. If the employment of the employee com-

ences or terminates during the fiscal year, the sum paid shall be

adjusted on a prorated basis. No allowance shall be payable during

periods of suspension of more than ___ consecutive working shifts

or over a period of ___ or more consecutive calendar days and

when the employee is on LeaveWithout Pay for ____ days or more.

No employee shall be required to keep more than ___ complete

sets of uniform clothing items (in addition to the clothing in

use) in the employee’s station or work base at any one time.

Except in cases of gross negligence or improper use and care

on the part of the employee, the Employer shall replace per-

sonal clothing or prescription eyeglasses which are lost or

damaged in the performance of the employee’s duties.

The purchase and use of a full dress (formal) uniform shall not

be required. If full dress (formal) uniforms are required in the

future, the Employer shall furnish or fully reimburse all em-

ployees for the cost of the uniform.

The employer shall furnish a bed, mattress and a pad for each

bed where appropriate. If a bed spread or cover is required by

the Employer, it shall be furnished at no cost to the employee.

Employees who use beds shall provide a sheet, pillow, pillow-

case and blanket for use with an assigned bed during sleeping

hours. No employee shall be required to keep more than two (2)

sets of such bedding in the station or work base at any one time.

The Employer shall provide suitable locker space for storage of

all uniforms and equipment owned or issued to each employee.

Each locker shall be equipped with a lock and the key issued to

the employee to whom the locker is assigned.

 Clause 3:

A. Subject to the rules of the Fire Department, the City of

_________ shall provide the original complete uniform for

those members of the Fire Department required to wear a

uniform and such shall remain property of the City. There-

after, the City of ____________ shall contribute 100% of

the annual uniform expense of any member required to wear

a uniform, but not to exceed $_______ in 20__ and

$______in 20__. This amount may be accumulated. The

maximum accumulation shall not exceed $___________.

B. In lieu of the uniform provision provided by this Article, em-

ployees assigned to Fire Investigation shall receive a clothing

allowance of $_______per monthin 20___ and $_____ in 20___.

C. The City of _____________shall replace uniform articles

damaged in the performance of emergency duties.

D. Upon retirement, employees may convert up to ___% of un-

used uniform allowance to cash.

WORKING OUT-OF-CLASSIFICATION

Working out-of-classification clauses provide additional com-

pensation for work performed in a higher rank.

Model contract language:

An employee who is required to accept responsibilities and

arry out the duties of a position or rank above that which

he/she normally holds, shall be paid at the rate for that posi-

tion or rank while so acting.

Provided below are three sample working out-of-classification

lauses:

 Clause 1:

(1) Whenever any employee has been assigned to work in a

higher classification other than his/her regular classifica-

tion, such employee shall receive the salary called for as if he

or she were permanently promoted.

(2) Fire Fighters acting or promoted to the rank of Fire

Fighter/Engineer shall be paid at the top step of Fire

Fighter/Engineer’s rate.

(3) Fire Fighters or Fire Fighter/Engineers acting or promoted

to the rank of Fire Captain shall be paid at the fourth (4th)

step of Fire Captain’s rate.

(4) Fire Captains or Fire Inspectors acting or promoted to the

rank of Assistant Fire Marshal shall be paid at the top step

Assistant Fire Marshal’s rate.

(5) Fire Captain or the Assistant Fire Marshal acting or pro-

moted to the rank of Assistant Fire Chief or person placed

in charge of the Fire Prevention Division by the Fire Chief

shall be paid at the third step Assistant Fire Chief’s rate.

 Clause 2:

The selection of a fire fighter to work out of rank shall be gov-

erned by seniority and approved by the Chief. Fire fighters on

each apparatus will be given first consideration by seniority

within that company. Any fire fighter so selected shall be paid

at the higher of his/her base pay or the base pay of the tempo-

rary assignment (plus his/her existing longevity increments)

commencing with the effective date of assignment. Pay out of

rank is only payable for hours worked.

 Clause 3:

(1) Any person covered by this Agreement who is assigned the

responsibilities and carries out the duties incidental to a po-

sition or rank senior to that which the employee normally

holds shall be paid at the rate for the senior position or rank

while so acting.

(2) When acting in such higher capacity for a minimum of ___

days prior to vacation, such person shall receive the higher

rate of pay for vacation pay. If an employee is acting and has

been acting for a continuous period of ___ duty shifts prior

to vacation or sickness, such person shall receive the higher

rate of pay for vacation pay or sickness pay, whichever ap-

plicable. Increments shall be granted for acting service after

the accumulation of ___ service in the acting rank.

(3) Employees working flexible hours or compressed hours

shall receive acting pay only for authorized leave of absence.

DA/ADEA LANGUAGE

The generic ADA/ADEA language prepared by the IAFF and

reproduced below ensures that the Employer will comply with

the statutory provisions of the Americans with Disabilities Act

and the Age Discrimination in Employment Act (ADEA). In

omplying with the provisions of ADA or ADEA the Employer

will not violate the terms of the collective bargaining agree-

ment. In addition, the language requires the Employer to notify

the Union if it needs to change any policy or practice in order

to comply with ADA or ADEA.

It is recognized that the Employer must comply with the statu-

tory provisions of the Americans with Disabilities Act (ADA)

and the Age Discrimination in Employment Act (ADEA).

However, in complying with the provisions of the ADA or

ADEA the Employer agrees not to violate any Federal or State

Statutes, Local ordinances or the terms of this Collective Bar-

gaining Agreement [Memorandum of Understanding].

Should the Employer need to change any current policy or

practice in order to comply with the provisions of ADA or

ADEA, the Employer will provide to the Union _____ days no-

tice of any change prior to its implementation. Such

notification shall also be accompanied with appropriate legal

memoranda and supporting legal documentation stating the

basis necessitating the change in a current practice or policy.

(Language prepared by IAFF)

CONTAGIOUS DISEASE

Contract language on contagious disease is negotiated to educate

union members on contagious disease and to provide employees

the benefit of vaccination for contagious diseases such as Hepatitis.

Provided below are three sample contagious disease clauses:

 Clause 1:

It shall be presumed that any Operations Division employee

who contracts Hepatitis-B or meningitis shall have contracted

the disease while on duty.

The Employer shall provide a one-time immunization during

the life of this Agreement for all employees who want to be im-

munized, as follows:

 Tetanus

 Hepatitis (Type B)

 Rubella (for females of child bearing age)

Employees who refuse to be immunized for Hepatitis-B and

who later contract the disease shall not be presumed to have

contracted the disease while on duty.

TB Screening - The Employer shall provide a tuberculosis

screening annually for all bargaining unit employees.

 Clause 2:

At the bargaining unit member’s option and at no cost to the

unit member, the City agrees to provide Hepatitis B inocula-

tions to any unit member whose medical plan does not provide

such immunization without cost.

Bargaining unit members who have elected to receive Hepati-

is B inoculations may request a follow up examination with

the City Physician to determine whether or not the inocula-

tions were effective. Such follow up examination shall be

conducted at no cost to the unit member.

 C

lause 3:

The City will provide training and equipment to assist in rec-

ognizing and/or preventing the communication of AIDS,

Hepatitis and other infectious diseases. The City and the Union

will work together to establish a system whereby employees

shall report, in a timely manner, all instances of on-the-job con-

tact with bodily fluids, used needles or other possible sources of

infection.

DRUG TESTING

The goal of a negotiated drug policy is to eliminate or absolve

illegal drug usage through education and rehabilitation of the

affected personnel.

Provided below is the IAFF suggested drug testing policy:

The procedures outlined in this document for drug and alco-

hol testing shall be covered by all other applicable Articles of

the Labor Agreement between the _____ Fire Department and

the _____ Fire Fighters, Local _____, IAFF.

Section 1 Policy: The _____ Fire Department and the ______

Fire Fighters, Local ____, IAFF, recognize that drug

use by employees would be a threat to the public wel-

fare and the safety of department personnel. It is the

goal of this policy to eliminate or absolve illegal drug

usage through education and rehabilitation of the af-

fected personnel. The possession, use or being under

the influence of alcoholic beverages or unauthorized

drugs shall not be permitted at the Employer’s work

sites and/or while an employee is on duty.

Section 2 Informing Employees About Drug and Alcohol Test-

ing: All employees shall be fully informed of the Fire

Department’s drug and alcohol testing policy. Em-

ployees will be provided with information concerning

the impact of the use of alcohol and drugs on job per-

formance. In addition, the Employer shall inform the

employees on how the tests are conducted, what the

test can determine and the consequences of testing

positive for drug use. All newly hired employees will

be provided with this information on their initial date

of hire. No employee shall be tested before this infor-

mation is provided to him/her. Prior to any testing,

the employee will be required to sign the attached

consent form and release form. Employees who vol-

untarily come forward and ask for assistance to deal

with a drug or alcohol problem shall not be disci-

plined by the Employer. No disciplinary action will be

taken against an employee unless he/she refuses the

opportunity for rehabilitation, fails to complete a re-

habilitation program successfully, or again tests

positive for drugs within ___ year(s) of completing an

appropriate rehabilitation program.

Miscellaneous Language

ection 3 Employee Testing: Employees shall not be subjected

to random medical testing involving urine or blood

analysis or other similar or related tests for the pur-

pose of discovering possible drug or alcohol abuse.

If, however, objective evidence exists establishing

robable cause to believe an employee’s work per-

formance is impaired due to drug or alcohol abuse,

the Employer will require the employee to undergo

a medical test consistent with the conditions as set

forth in this policy.

[

TThhiiss aabboovvee llaanngguuaaggee ccaann bbee ““wweeaakkeenneedd”” bbyy uussiinngg rreeaassoonnaabbllee

ssuussppiicciioonn ddeeffiinniittiioonn wwiitthh ddeeffiinnaabbllee ssiittuuaattiioonnss aass ffoolllloowwss::]]

Section 3 Employee Testing: Employees shall not be subjected

to random medical testing involving urine or blood

analysis or other similar or related tests for the pur-

pose of discovering possible drug or alcohol abuse.

If, however, there is a reasonable suspicion to believe

an employee’s work performance is impaired due to

drug or alcohol abuse, the Employer will require the

employee to undergo a medical test consistent with

the conditions as set forth in this policy. This rea-

sonable suspicion may be based on the following:

Involvement in a fatal or serious bodily injury acci-

dent or in an accident involving substantial damage

(exceeding $_________); or an observable phe-

nomena, such as direct observation or drug/alcohol

use or the physical symptoms of being under the in-

fluence of a drug/alcohol; or

A pattern of abnormal conduct or erratic behavior;

An arrest and conviction of a drug related offense;

Information provided by reliable and credible

sources that have been independently corroborated.

Section 4 Sample Collection: The collection and testing of the

samples shall be performed only by a laboratory and

by a physician or health care professional qualified

and authorized to administer and determine the

meaning of any test results. The laboratory per-

forming the test shall be one that is certified by the

National Institute of Drug Abuse (NIDA). The lab-

oratory chosen must be agreed to between the

Union and the Employer. The laboratory used shall

also be one whose procedures are periodically tested

by NIDA where they analyzed unknown samples

sent to an independent party. The results of em-

ployee tests shall be made available to the Medical

Review Physician.

Collection of blood or urine samples shall be con-

ducted in a manner which provides the highest

degree of security for the sample and freedom from

adulteration. Recognized strict chain of custody

procedures must be followed for all samples as set

by NIDA. The Union and the Employer agree that

security of the biological urine and blood samples is

bsolutely necessary, therefore, the Employer agrees

that if the security of the sample is compromised in

any way, any positive test shall be invalid and may

not be used for any purposes.

lood or urine samples will be submitted as per

NIDA standards. Employees have the right for

Union or legal counsel representatives to be present

during the submission of the sample.

A split sample shall be reserved in all cases for an in-

dependent analysis in the event of a positive test

result. All samples must be stored in a scientific ac-

ceptable preserved manner as established by NIDA.

All positive confirmed samples and related paper-

work must be retained by the laboratory for at least

____ months or for the duration of any grievance

disciplinary action or legal proceedings, whichever

is longer. At the conclusion of this period, the pa-

perwork and specimen shall be destroyed.

Tests shall be conducted in a manner to ensure that

an employee’s legal drug use and diet does not affect

the test results.

Section 5 Drug Testing: The laboratory shall test for only the

substances and within the limits for the initial and

confirmation test as provided within NIDA stan-

dards. The initial test shall use an immunoassay

which meets the requirements of the Food and Drug

Administration for commercial distribution. The

following initial cutoff levels shall be used when

screening specimens to determine whether they are

negative for these five drugs or classes of drugs:

• Marijuana metabolites100 ng/ml

• Cocaine metabolites 300 ng/ml

• Opiate metabolites [1] 300 ng/ml

• Phencyclidine 25 ng/ml

• Amphetamines 1,000 ng/ml

[1]: If immunoassay is specific for free morphine the initial

test level is 25 ng/ml.

If initial testing results are negative, testing shall be discon-

tinued, all samples destroyed and records of the testing

expunged from the employee’s file. Only specimens identi-

fied as positive on the initial test shall be confirmed using

gas chromatography/mass spectrometry (GS/MS) tech-

niques at the following listed cutoff values.

• Marijuana metabolites [1] 15 ng/ml

• Cocaine metabolites [2] 150 ng/ml

• Opiates

Morphine 300 ng/ml

• Codeine 300 ng/ml

• Phencyclidine 25 ng/ml

• Amphetamines

Amphetamine 500 ng/ml

Methamphetamine 500 ng/ml

[1] Delta-9-tetrahydrocannabinol-9-caraboxylic acid

[2] Benzoylecgonine

If confirmatory testing results are negative all samples shall

be destroyed and records of the testing expunged from the

employee’s file.

ection 6. Alcohol Testing: A breathalyzer or similar test

equipment shall be used to screen for alcohol use

and if positive shall be confirmed by a blood alcohol

test performed by the laboratory. This screening test

shall be performed by an individual qualified

through and utilizing equipment certified by the

________ State Police. An initial positive alcohol

level shall be .10 grams per 210 L. of breath. If ini-

tial testing results are negative, testing shall be

discontinued, all samples destroyed and records of

the testing expunged from the employee’s file. If ini-

tial testing results are positive, the test shall be

confirmed using a blood alcohol level. Sampling

handling procedures, as detailed in Section 4, shall

apply. A positive blood alcohol level shall be .10

grams per 100 ml of blood. If confirmatory testing

results are negative all samples shall be destroyed

and records of the testing expunged from the em-

ployee’s file.

Section 7. Medical Review Physician: The Medical Review

Physician shall be chosen and agreed upon between

the Union and the Employer and must be a licensed

physician with a knowledge of substance abuse dis-

orders. The Medical Review Physician shall be

familiar with the characteristics of drug tests (sen-

sitivity, specificity, and predictive value), the

laboratories running the tests and medical condi-

tions and work exposures of the employees. The role

of the Medical Review Physician will be to review

and interpret the positive test results. The Medical

Review Physician must examine alternate medical

explanations for any positive test results. This ac-

tion shall include conducting a medical interview

with the affected employee, review of the employee’s

medical history and review of any other relevant

biomedical factors. The Medical Review Physician

must review all medical records made available by

the tested employee when a confirmed positive test

could have resulted from legally prescribed med-

ication.

Section 8. Laboratory Results: The laboratory will advise only

the employee and the Medical Review Physician of

any positive results. The results of a positive drug

or alcohol test can only be released to the Employer

by the Medical Review Physician once he/she has

completed his/her review and analysis of the labo-

ratory’s test. The Employer will be required to keep

the results confidential and it shall not be released

to the general public.

Section 9. Testing Program Costs: The Employer shall pay for

all costs involving drug and alcohol testing as well as

the expenses involved of the Medical Review Physi-

cian. The Employer shall also reimburse each

employee for their time and expenses, including

travel incurred, involved in the testing procedure.

Section 10. Rehabilitation Program: Any employee who tests

positive for illegal drugs shall be medically evalu-

ated, counseled and treated for rehabilitation as

recommended by E.A.P. counselor. Employees who

omplete a rehabilitation program will be re-tested

randomly once every quarter for the following

_____ months. An employee may voluntarily enter

rehabilitation without a requirement or prior test-

ing. Employees who enter a program on their own

initiative shall not be subject to re-testing. The

treatment and rehabilitation shall be paid for by

the employee’s insurance program. Any costs over

and above the insurance coverage shall be paid for

by the Employer for initial treatment and rehabil-

itation. Employees will be allowed to use their

accrued and earned leave for the necessary time off

involved in the rehabilitation program. If an em-

ployee tests positive during the _____ month

period they shall be subject to disciplinary action

as per the Department Rules and Regulations, the

employee will be re-evaluated by an

E.A.P. counselor to determine if the employee re-

quires additional counseling and/or treatment. The

employee will be solely responsible for any costs, not

covered by insurance, which arise from this addi-

tional counseling or treatment. If an employee tests

positive during this subsequent _____ month period

which in effect will be the employee’s third chance

for rehabilitation, the employee will be subject to dis-

cipline as per the Department Rules and Regulations.

Section 11. Duty assignment after treatment: Once an em-

ployee successfully completes rehabilitation, they

shall be returned to their regular duty assignment.

Once treatment and any follow-up care is com-

pleted, and ___ years have passed since the

employee entered the program, the employee’s

personnel file shall be purged of any reference to

his/her drug or alcohol problem.

Section 12. Right of appeal: The employee has the right to

challenge the results of the drug or alcohol tests

and any discipline imposed in the same manner

that any other Employer action under the terms of

this Agreement is grievable.

Section 13. Union held Harmless: This drug and alcohol test-

ing program was initiated at the request of the

Employer. The Fire Department assumes sole re-

sponsibility for the administration of this policy

and shall be solely liable for any legal obligations

and costs arising out of the provisions and/or ap-

plication of this Collective Bargaining Agreement

relating to drug and alcohol testing. The Union

shall be held harmless for the violation of any

worker rights arising from the administration of

the drug and alcohol testing program.

Section 14. Changes in Testing Procedures: The parties recog-

nize that during the life of this Agreement, there

may be improvements in the technology of testing

rocedure which provide more accurate testing. In

that event, the parties will bargain in good faith

whether to amend this procedure to include such

improvements. If the parties are unable to agree

on the amendments they will be submitted to im-

asse procedures as outlined in the grievance

procedure of this Contract.

Section 15. Conflict with Other Laws: This Article is in no way

intended to supersede or waive any constitutional

or other rights that the employee may be entitled

to under Federal, State or Local statutes.

Consent and Release Form for Drug/Alcohol Test Program:

I acknowledge that I have received a copy of, have been duly in-

formed, and understand the Fire Department’s drug and

alcohol testing policy and procedures. I have been provided

with information concerning the impact of the use of alcohol

and drugs on job performance. In addition, I have been in-

formed on how the tests are conducted, what the test can

determine and the consequence of testing positive for drug use.

I have been informed of the Fire Department’s Employee As-

sistance Program. I understand that if I voluntarily come

forward and ask for assistance to deal with a drug or alcohol

problem through the Employee Assistance Program, that I will

not be disciplined by the Employer.

I understand how drug/alcohol tests are collected and further

understand that these are medical tests that are conducted

under the auspices of a Medical Review Physician. I under-

stand that the Medical Review Physician will review and

interpret any positive test results, and that I will have an op-

portunity to be interviewed by the Medical Review Physician

to review my status, my medical history and any relevant bio-

medical factors prior to the Fire Department being informed

whether I passed or failed the test.

I understand that a confirmed positive drug or alcohol test re-

sult will result in my referral to the Fire Department Employee

Assistance Program and that I will be required to complete a

rehabilitation program. No disciplinary action will be taken

against me unless I refuse to take a drug/alcohol test, refuse

the opportunity for rehabilitation, fail to complete a rehabili-

tation program successfully, or again test positive for

drugs/alcohol within _____ years of completing an appropri-

ate rehabilitation program. I understand that such disciplinary

action, as described herein, may include dismissal from the

Fire Department.

________________________________

Printed or typed name of employee

________________________________

Signature of employee

________________________________

Date

EMPLOYEE ASSISTANCE PROGRAM

Employee assistance program clauses are negotiated to provide

assistance to an employee or a member of an employee’s fam-

ily with problems such as: substance dependency, mental or

motional distress and marital problems.

Provided below are three sample employee assistance program

clauses:

 C

lause 1:

The City of __________, the ___________ Fire Department

and Local ______ recognize that an employee or members of

an employee’s family can develop personal problems, not di-

rectly associated with the employee’s job functions, that may

adversely affect the employee’s job performance and efficiency.

These problems may be successfully resolved provided they are

identified early and referral is made to the appropriate care and

treatment facility. Such problems may involve substance de-

pendency, including alcohol, tobacco, drugs or chemicals;

mental or emotional distress; marital or familial problems; or

financial or legal problems.

Management and the Union support an Employee Assistance

Program to aid in identifying such problems and to provide ap-

propriate referral to a resource able to successfully treat the

identified problem. In accordance with the terms and condi-

tions of the Agreement between the parties concerning an EAP,

the City agrees to provide funds to the EAP the Union has es-

tablished. These funds are to be used (1) to train EAP

Committee members to identify the source of personal prob-

lems of an employee or members of the employee’s family, (2)

to identify such problems, (3) to refer an employee or member

of the employee’s family to appropriate agencies for the treat-

ment of those problems, and (4) to pay operating and

administrative costs associated with carrying out these func-

tions. Funds may also be expended to assist the Fire Department

in training staff and supervisors concerning the operation of

the EAP, and the identification of personal problems.

During each of the 20__-__ and 20__-__ fiscal years, the City

shall pay $________ to the EAP in four equal installments of

$________.

The above payments to be made by the City during the term of

the Memorandum of Understanding shall constitute the City’s

total commitment to the EAP for the Fire Fighter and Fire Cap-

tain bargaining units.

The Union agrees to indemnify, defend and hold harmless the

City against all claims, demands, suits, including cost of suits

and reasonable attorney fees, and/or other forms of liability

arising from the implementation of these provisions and the

operation of the EAP.

 Clause 2:

The Employer shall request all recruits to bring their families

with them to Employee Assistance Program (E.A.P.) orienta-

tion classes at the training academy.

E.A.P. counselors shall not release any information regarding

an employee’s personal, emotional, or health problems to any-

one without the written permission of the employee, except as

provided by law.

he E.A.P. staff shall not provide anyone with the name of any

employee, family member, or dependent who uses E.A.P. serv-

ices, without the written permission of the employee, except as

provided by law.

henever the Employer determines that it will consider en-

trance into the E.A.P. as part of any disciplinary action, the

Union will be advised so that it may participate and advise the

employee at the conference at which the employee elects that

option. If the employee elects to participate in the E.A.P. as part

of any such disciplinary action, the only information about

such participation which may be presented before the Civil

Service Board or before any arbitrator in any subsequent pro-

ceeding will be a stipulation that the Employer has previously

given the employee an opportunity to take corrective action.

The fact of the employee’s prior participation in the E.A.P. shall

not be otherwise disclosed to the Civil Service Board or to

any arbitrator, and both the Civil Service Board and any arbi-

trator shall be prohibited from any further inquiry beyond the

stipulation.

The Employer shall appoint a part-time Fire Department

Chaplain selected by Employer. The Employer shall provide the

Chaplain with a pager or cell phone for his/her motor vehicle.

A committee comprised of the Director/Fire Chief, E.A.P. Di-

rector, Fire Department Chaplain, and Union President or

his/her designee shall recommend to the Employer further

policies which may govern the E.A.P. for the bargaining unit.

The recommendation shall be advisory only. The subject mat-

ter which may be included in such recommendation may

include but is not limited to:

(a) Drug abuse

(b) Alcohol abuse

(d) Immediate family loss counseling

(e) Financial problems

(f) Stress

(g) Marital problems

(h) Infectious disease exposure

 Clause 3:

The Fire District and the Union recognize that an effective em-

ployee assistance program is a crucial component of the Fire

District’s substance policy. Accordingly, the Fire District has

contracted with the ____________________ program to pro-

vide this service. Employees with substance abuse programs

are strongly encouraged to voluntarily seek self help through

the EAP. Employees with substance abuse problems who vol-

untarily participate or are referred to the program shall be

subject to the conditions as set forth below.

The Fire District recognizes that an employee assistance pro-

gram handles many problems in addition to that of substance

abuse and that the EAP provides information, guidance and

treatment for problems and illness on a confidential basis. The

relationship between the employee and the EAP is and contin-

ues to be of a confidential nature except as specifically provided

herein.

EXTREME WEATHER

Extreme weather clauses are negotiated to reduce the proba-

bility of fire fighter injury or illness by prohibiting the

performance of non-emergency duties during extreme weather

onditions.

Model contract language:

Employees will not be required to perform non-emergency du-

ies outdoors when elements are of extreme conditions.

Extreme conditions represent temperatures equal to or below

___ degrees and equal to or above ___ degrees. In addition,

such duties will not be performed under conditions of rain,

snow or extreme winds.

Further, indoor non-emergency duties will not be required

when the extreme temperature conditions are present and

there is an absence of indoor controlled temperature (i.e., air

conditioning and heating).

Provided below are three sample extreme weather clauses:

 Clause 1:

There will be no outside activity when the summer temperature

exceeds ____ degrees or the humidity exceeds ____ percent,

and when the winter temperature is less than ____ degrees or

the wind chill factor* is less than ____ degrees.

* Wind chill factor shall be determined by average wind speed

deducted from temperature.

Outside activity shall include multi-company drills, field ap-

paratus inspections, and company training and evaluations, but

shall not include building inspections, public assemblies or

other inspections of a similar nature.

 Clause 2:

The Department and the Union agree to mutually establish

guidelines and rules covering outside training including specif-

ically tower drills and hose testing and other outside non

emergency duties during extreme weather conditions. Extreme

weather conditions will be defined to be temperatures of ___

degrees Fahrenheit or higher or below ____ degrees Fahren-

heit, or ____ degrees Fahrenheit wind-chill, including

moderate to heavy rain, thunderstorms, sleet or snow. Equiva-

lent heat index will also be considered. Where testing or

evaluations are necessary during extreme weather conditions,

every reasonable precaution will be taken to limit the duration

of such testing or evaluation.

 Clause 3:

(a) Training and inspections are a regular and normal part of

the duties of employees in the bargaining unit. However, fire

fighting units will not be required to engage in certain activi-

ties under the conditions set forth below:

(1) Fire fighting units shall not be required to make routine fire

hydrant inspections or engage in training activities where

such inspections or training will require them to get wet

when the outside temperature is below ___ degrees Fahren-

heit or above ___ degrees Fahrenheit.

(2) Outside training activities will not be required of fire fight-

ng units during periods of precipitation at the training site

or when the temperature is below ___ degrees Fahrenheit or

above ___ degrees Fahrenheit.

(3) Routine inspections will be deferred during periods of the

ay when the temperature is above ___ degrees Fahrenheit

or below ___ degrees Fahrenheit if it is reasonably possible

and does not interfere with the mission of the department.

(b) The above temperature limitations may be suspended by

the Fire Director when temperatures above or below the

designated limits continue for an unusually long period of

time or when the mission of the Fire Department would be

impaired by a continued suspension of training or inspec-

tion activity. The temperatures mentioned above are official

National Weather Service outside temperatures recorded at

the _______ Downtown Airport.

HEALTH AND SAFETY COMMITTEES

This clause is negotiated to provide local union participation in

processes such as: inspection of fire department facilities and

investigation of accidents, deaths, injuries and illnesses of fire

fighters. The objective of this type of clause is to ensure a safe

work environment. In addition, many health and safety com-

mittee clauses also require any unresolved issues to be subject

to the grievance procedure.

Model contract language:

There shall be a joint safety and health committee composed

of an equal number of Employer and Union representatives.

The Union representatives shall be selected by the Union.

The joint committee shall:

1. Meet at least once each month at established dates.

2. Make periodic inspections of fire department facilities and

apparatus, protective equipment, protective clothing and

devices to review work methods and conditions, including

training procedures at least once every _____ months.

3. Make written recommendations for the correction of haz-

ardous conditions or unsafe work methods which come to

its attention. All recommendations shall be forwarded to the

fire department officials responsible for providing a safe and

healthy workplace and include a target date for abatement of

the hazardous conditions or unsafe work practice.

4. Keep minutes of all committee meetings. A written report

shall be prepared for review and adoption at the next com-

mittee meeting.

5. Review and analyze all reports of accidents, deaths, injuries

and illnesses. Make immediate and detailed investigation of

each accident, death or injury to determine fundamental

cause. Make written recommendations that include a date of

implementation to modify or add rules and procedures to

further promote the avoidance of such incidents in the future.

6. Review and make written recommendations on the care and

treatment of injured fire fighters so that a standardized

medical protocol can be initiated with medical facilities that

re designed to treat fire fighters on an emergency basis. In

carrying this review of medical care and treatment, the con-

fidentiality of any individual’s medical records shall not be

violated by the Committee.

. Review and make written recommendations during the de-

velopment of a systematic medical testing program for

potential work-related illnesses or disabilities by the fire de-

partment. Review and make written recommendations of the

systematic testing program _____ months after the estab-

lishment of such program and every _____ months

thereafter. In carrying out this review of the fire department’s

medical testing program, the confidentiality of any individ-

ual’s medical records shall not be violated by the Committee.

Copies of all records and reports, including all reports re-

quired by any governmental agency, under any applicable

federal, state or provincial safety and health law, shall be made

available upon request to each member of the safety and

health committee.

The committee may ask the advice, opinion and suggestions of

experts and authorities on safety matters. The committee’s

union representatives at their own request shall have the right

to call on such experts and authorities, including representa-

tives from the International Union, to make such

examinations, investigations and recommendations as shall

be reasonably connected with the purpose of the committee.

The Employer shall pay Union members of the committee at

their regular rate for all time spent on committee business, in-

cluding time spent in inspections, handling of safety problems,

accompanying inspectors and in meetings or training semi-

nars related to safety and health.

Additional Optional Clause:

The committee shall be considered an adjunct of, and subor-

dinate to, the regular grievance procedure. All disputes and

disagreements arising under the safety and health clause of

this Agreement shall be referred to the safety and health com-

mittee, but if not disposed of by the safety and health

committee within _____ days, shall be subject to the grievance

procedure and shall be introduced at a level immediately pre-

ceding arbitration.

Provided below are three sample health and safety committee

clauses:

 Clause 1:

(1) The City shall provide a reasonably safe and healthy work-

ing environment in accordance with applicable State and

Federal laws and regulations. The Union agrees that where

safety devices or protective equipment is required or fur-

nished, its use shall be mandatory.

(2) A Safety Committee shall be established and composed of

___ members; ___ members to be designated by the City

Manager and ___ members to be designated by the Union.

The ___ member shall be the City of ______ Safety Officer

who shall be the Chairman of the Safety Committee. The

Safety Committee shall meet not less than once each quar-

er, or more frequently if requested by the Chairman or a

majority of the Committee. The Safety Committee shall re-

view the safety standards and procedures for the Fire

Department and shall report to the parties at least quarterly

with such recommendations it deems proper. The Depart-

ent will promptly respond in writing to any formal,

written recommendations of the Committee.

(3) Safety issues which employees wish to submit to the Com-

mittee must be submitted in writing, via a committee

member, on a form provided by the Department. The em-

ployee shall indicate the nature of the problem, any known

safety standards that are applicable, and a proposed solu-

tion to the problem.

 Clause 2:

The Employer will establish an internal occupational safety

committee to which the Union will appoint ___ members from

the fire fighters-Captains bargaining unit and a member from

the Fire Chiefs bargaining unit. The Union will notify the Em-

ployer of their assigned representatives, including any changes

during the life of this Agreement. With prior notice to all mem-

bers, the Safety Committee shall meet from time to time to

research, develop and make recommendations to reduce and

eliminate the most frequent and costly occupational injuries

and to study and review matters relating to health and safety

equipment. Committee recommendations shall be furnished

in writing to the Director/Fire Chief and to the IAFF. Such rec-

ommendations may provide the basis for improvements in

safety practices, procedures, and equipment.

 Clause 3:

(A) It is the desire of the Employer and the Union to maintain

the highest standards of safety and health in the Fire De-

partment in order to eliminate as much as possible

accidents, death, injuries, and illness in the fire service.

(B) The Employer and the Union shall each appoint ___ mem-

bers to the Joint Occupational Safety and Health

Committee. This Committee will meet at least quarterly

and discuss safety and health conditions. Said meetings

shall be on the first Monday of February, May, August and

November.

1. The Joint Occupational Safety and Health Committee will

investigate serious injury or death to determine the funda-

mental causes, consistent with the Fire Department accident

review policy.

2. The Joint Occupational Safety and Health Committee will

schedule annual inspections of Fire Department facilities,

apparatus, protective equipment, protective apparel or de-

vices. The Joint Occupational Safety and Health Committee

and/or its designee will complete inspection report form(s)

and will make recommendations for correction and/or im-

provement including target date(s) for abatement of any

hazardous conditions.

3. The Employer and the Office of Safety and Risk Management

will work jointly with the Joint Occupational Safety and

Health Committee members in reference to concerns re-

garding safety and health of its Employees.

. The Office of Safety and Risk Management will administer

OSHA training to conduct facility inspection to the Joint Oc-

cupational Safety and Health Committee.

edures in accordance with the various state and federal

regulations and/or mandates.

1. The Employer will continue to review reasonable Guidelines

and recommendations from the NFPA.

2. The Joint Occupational Safety and Health Committee will

continue to make recommendations concerning the care and

treatment of injured Employees so that a standardized med-

ical protocol can be initiated to treat Employees on an

emergency basis.

3. The Employer shall continue to use and mandate the use and

provision of Coast Guard approved personal flotation de-

vices in all water-related activities.

(D) The Employer will continue to make reasonable provisions

for the safety and health of the Employees and will con-

tinue to furnish Personal Protective Equipment (PPE) in

accordance with the (insert State)OSHA Standard(s).

1. The Employer will continue to encourage the participation

of the Joint Occupational Safety and Health Committee in

submitting reasonable recommendations in reference to Per-

sonal Protective Equipment (PPE) and related equipment.

2. The Committee will recommend changes or additions to

protective equipment, protective apparel or devices for the

elimination of hazards of fire fighting.

(E) The City of ___________ Safety and Risk Management Of-

fice will meet with the Joint Occupational Safety and Health

Committee to review (insert State)OSHA 200 Log Report,

quarterly Workers Compensation Reports, Facility Inspec-

tion Reports, Industrial Hygienist Reports, Quarterly Loss

Control Reports, Regulatory Standards, Vehicle Accident

Reports, and other health and safety related reports to re-

view and analyze all reports of accidents, deaths, injuries

and illness, and investigate and recommend rules and pro-

cedures for the promotion of health and safety of the

Employees. Copies of all such reports shall be provided

upon request unless prohibited by law. The Employer shall

immediately notify the Union of any injury or accident re-

quiring hospital treatment.

(F) The Employer will continue to make reasonable provisions

for the safety and health of the Employees by providing

medical screening in accordance with the various federal

and state regulatory standards including but not limited to

Blood Borne Pathogens, Hearing Conversation, and Respi-

ratory Clearance; and to develop data to indicate accident

sources and injury rates in a uniform reporting procedure.

(G) The Joint Occupational Safety and Health Committee

members will be granted reasonable time off with pay

when meeting with management and for any inspection or

investigation of safety or health problems in the Fire De-

partment.

. The Employer will grant reasonable time off with pay for in-

spections and/or special investigations by the Committee

members.

2. The Committee and/or its designees will complete a written

eport of inspections and/or investigations in a timely man-

ner.

(H) The Employer may provide clerical assistance to the Joint

Occupational Safety and Health Committee in the prepa-

ration of Committee meeting minutes, reports of

inspections and/or investigations.

1. The Joint Occupational Safety and Health Committee will

elect a recording secretary from its membership.

2. The Joint Occupational Safety and Health Committee min-

utes must be reviewed and approved by the Committee by

the next Committee meeting.

3. Minutes of the Joint Occupational Safety and Health Com-

mittee will be readily available for review by each Committee

member, the Fire Chief, and the City of ______ Safety and

Risk Management Office.

(I) The Employer will not restrict the Joint Occupational Safety

and Health Committee members from any Fire Department

facility and equipment, when the Committee is investigat-

ing health and safety conditions.

(J) The Joint Occupational Safety and Health Committee will

continue to promote safety and health programs through-

out the Fire Department.

(K) The Employer and the Union will promote safety and first

aid training for Committee members and fire fighters and

will begin to develop a Joint Occupational Fire and Safety

Newsletter.

1. The Employer will continue to make reasonable provisions

for Safety Education and Training programs in accordance

with federal and/or state regulations or mandates.

2. The Employer will continue to build joint partnership train-

ing programs with the public and private sectors.

3. The Employer will continue to enhance its training programs

for all levels of management, fire suppression, emergency

medical services, and special operation units.

4. The Employer will provide an ALS unit with staffing during

live fire training, field training for confined space rescue, high

angle line rescue, building collapse, dive team training, haz-

ardous materials team training and swiftwater rescue team

training. Trainees who are ALS members shall be counted

as filling ALS staffing.

5. The Employer will continue to implement specialized train-

ing including but not limited to the following programs;

. Master Fire Fighter Hazardous Materials

b. State of ____ River Rescue Instructors Certification

c. State of ____ River Rescue School Certification

d. Basic Emergency Rescue Technicians Trench Rescue

e. Confined Space Rescue

. High Angle Line Rescue

g. Building Collapse

h. Incident Command

i. C.P.R. Re-Certification

j. Hazmat First Responder

k. Rookie School

l. Emergency Vehicle Operation State Certification

m. Self Contained Breathing Apparatus and Personal Alert

Safety System Devices

n. New Firefighter

o. Annual Hose Testing

p. Dive Team Training

q. Swiftwater Rescue

The Employer shall provide for the rest and rehabilitation of

Employees operating at training sessions where the Employees

are exposed to temperature extremes, inclement weather, or

when the members must perform physically demanding tasks.

(L) The Employer will continue to develop new training pro-

grams during the duration of this Contract and will seek

the recommendations of the Joint Occupational Safety and

Health Committee.

(M The Employer and the Union will continue to develop a

comprehensive Occupational Health and Wellness Program

during the term of this Contract with the Labor/Manage-

ment Committee being responsible for making all such

recommendations. The Employer and the Union will in-

corporate various resources, such as information and

guidance from a licensed physician with expertise in the

area of occupational safety and health, as they relate to

emergency service.

(N) The Employer will continue to conduct service testing in

accordance with the various state and federal regulations

and/or mandates.

1. All fire pumps or apparatus shall be service tested in accor-

dance with the applicable requirements of NFPA 1911,

Standards for Service Tests of Pumps on Fire Department

Apparatus.

2. All aerial devices shall be inspected and service tested in ac-

cordance with the applicable requirements of NFPA 1914,

Standard for Testing Fire Department Aerial Devices.

3. All ground ladders shall be inspected and service tested in

accordance with the applicable requirements of NFPA 1932,

Standard on Use, Maintenance, and Service Testing of Fire

Department Ground Ladders.

4. All fire hose shall be inspected and service tested in accor-

dance with the applicable requirements of NFPA 1962,

Standard for the Care, Use and Maintenance of Fire Hose In-

cluding Couplings and Nozzles.

. All fire extinguishers shall be inspected and tested in accor-

dance with the applicable requirements of NFPA 10,

Standard for Portable Fire Extinguishers.

(O) The City agrees to repair reasonably and promptly any

afety hazards, health hazards or Code violations in its fa-

cilities.

(P) All disputes arising under this article and not resolved by

the Committee shall be considered proper subjects for ad-

justments under the grievance procedure. Any such

grievance shall be investigated and when filed by the Union

in accordance with Article ___ of this Agreement shall be

introduced at a level immediately preceding the Board of

Public Safety.

The City shall make available, no later than ________, all train-

ing necessary to enable all present Employees to achieve First Class

Firefighter status pursuant to the State Fire Marshal’s Office.

In the interest of furthering the promotion and maintenance of

the highest standards of safety and health, all sworn members

shall be evaluated annually on a standardized form which shall

address a yearly physical which may include but not be limited to:

a basic exam, blood work, chest x-ray, hearing examination, pul-

monary function test, EKG, vision test and a cardiac stress test.

IAFF FINANCIAL CORPORATION

The IAFF Financial Corporation (IAFF-FC) is a for-profit cor-

poration whose only shareholder is the International

Association of Fire Fighters. The IAFF-FC provides numerous

financial services, insurance protection products, and home

mortgage programs, all with competitive pricing.

The following is a sample clause referencing the IAFF Financial

Corporation.

 Clause 1:

Savings Plan. The City will offer to all members of the bar-

gaining unit, a deferred compensation plan through the IAFF

Financial Corporation called the Frontline deferred compen-

sation plan at no cost to the member of the Local.

LABOR/MANAGEMENT COMMITTEES

Labor/Management committees are established to provide a

forum for the Union and the Employer to discuss and resolve

problems on an on-going basis.

Model contract language:

There shall be a labor-management committee consisting of #

_____ Union representatives and # ______ Employer repre-

sentatives. The Committee shall meet on request of either

party and at least once a month to discuss all matters of mu-

tual concern. The Committee shall have the authority to make

recommendations to the Union and the Employer.

Provided below are three sample labor/management commit-

tee clauses:

 C

lause 1:

(A) There shall be a Labor-Management Committee consist-

ing of ___ representatives of the Union and ___

representatives of the City. The purpose of the Committee

s to facilitate improved labor-management relationships

by providing a forum for the free discussion of mutual con-

cerns and problems which may include discussion of the

implementation of major new department programs or

substantial modifications of existing major department

programs that will have a significant impact on work

schedules or duties.

(B) The Committee shall meet quarterly at mutually scheduled

times, and at any other mutually scheduled times.

amongst the members. The members shall, in advance of a

meeting, provide the Meeting’s Chairman with proposed

agenda items, and the Chairman shall provide the mem-

bers with the meeting agenda in advance of the meeting.

(D) Representatives of the Union on the Committee shall not

lose pay or benefits for meetings mutually scheduled dur-

ing their duty times.

(E) The Committee may be supplemented by representative(s)

of the City Manager if it is proposed to discuss mutual aid

or fire protection contract matters.

(F) The Committee may, if it deems proper, suggest recom-

mendations to the Fire Chief and the City Manager for their

consideration and determination.

(G) Any matter referred to in this Article may be discussed by

the Committee at the request of any member of the Com-

mittee.

(H) It is understood by the parties that the benefits granted by

this Article shall not be interpreted or applied as requiring

the employer to count as time worked any hours or frac-

tions of hours spent outside the employee’s work shift in

pursuit of benefits provided by this Section. The employer

shall count as paid leave any hours or fractions of hours

spent within the employee’s regular work shift in pursuit of

benefits provided in this Section.

(I) The City will provide to the Union the professional services

of a secretary for the labor-management process. The sec-

retary will be assigned to the community affairs division of

the ____________Fire Department and will work at the di-

rection of the Union President and the Assistant Chief of

Community Affairs.

 Clause 2:

(1) The Employer and the Union recognize that cooperation

between labor and management is indispensable to the ac-

complishment of sound and harmonious labor relations

and agree to jointly maintain and support a Labor-Man-

agement Committee.

(

2) The Committee shall consider and may recommend to the

Fire Commissioner changes in the working conditions of

the employees, including, but not limited to, health and

safety issues. Matters subject to the grievance procedure

contained in this Agreement shall be appropriate items for

onsideration by the Committee, but submission of a mat-

ter to the Committee shall not affect the right to grieve the

matter.

(3) The Committee shall consist of ___ members. The Fire

Commissioner and the President of the Union shall each

select ___ members, and may designate an alternate for

each member authorized to act in the absence of a member.

Members shall serve for the term of this Agreement, pro-

vided, however, that the appointing party may remove

members he/she has appointed at any time. Vacancies shall

be filled by the appointing party.

(4) The Committee shall select a Chairman from among its

members at each meeting. The Chairmanship of the Com-

mittee shall alternate between the members designated by

the Fire Commissioner and the members designated by the

President of the Union. A quorum shall consist of a major-

ity of the total membership of the Committee. The

Committee shall meet at the call of either the Union mem-

bers or the City members at times mutually agreeable to

both parties. A written agenda of the matters to be dis-

cussed shall be provided by the party calling the meeting or

at least one week in advance of the meeting, and the other

party shall provide any additions to the agenda at least one

day in advance. Minutes shall be kept of each meeting with

responsibility for keeping minutes alternating between the

members designated by each of the parties. Copies of the

minutes shall be typed and promptly distributed to all

members of the Committee. The Committee shall make its

recommendations to the Fire Commissioner in writing.

 Clause 3:

The parties agree that there shall be a Joint Fire Fighter-City

Liaison Committee established for purposes of facilitating dis-

cussions concerning matters of mutual concern. The

Committee shall consist of ___ representatives from the fire

fighters and ___ representatives from the City and shall meet

upon the request of either party, but shall not meet more often

than once every month, unless some urgent matter shall arise.

At least ___ days prior to any meetings of the Committee, each

party shall deliver to the other party a Notice of the matters to

be discussed at the said meeting and the matters referred to in

the said Notices shall form the agenda for the said meeting.

The City agrees that prior to changing any existing or intro-

ducing any new policy, practice or procedure with respect to

conditions of work, the City will first discuss the same with the

Fire Fighters at a meeting of the Fire Fighter-City Liaison Com-

mittee as provided above and shall otherwise conduct itself in

a fair and reasonable manner.

LIGHT DUTY ASSIGNMENT

Light duty assignment clauses are negotiated to provide an em-

ployee that is temporarily unable to perform fire fighting duties

the option of alternative duty.

odel contract language:

Upon submission of medical documentation that an employee

is unable to temporarily perform fire fighting duties due to an

injury or illness, the Fire Department will provide, at the em-

loyee’s request, alternative duty. Alternative duty shall be

limited to that which is medically appropriate and which con-

tributes in a meaningful and identifiable way to the function

and mission of the Department. The parties agree that alter-

native duty assignments are to be of a temporary nature, not

exceeding _______ calendar days.

Once an employee has been medically certified as fit for duty,

that employee will be returned to the position and unit to

which the employee was assigned prior to the temporary dis-

ability, unless in the interim the employee has been promoted.

(Language prepared by the International Association of Fire

Fighters)

Provided below are three sample light duty assignment clauses:

 Clause 1:

1. Establishment

There shall be established a maximum of _____ light duty

positions, which positions shall not affect the minimum

staffing levels of the Department. These positions shall be

filled by employees whose prognosis has been determined by

a physician that said employee is expected to fully recover

and return to full fire fighting duties or other normal duties,

subject to the provisions of the Collective Bargaining Agree-

ment. Nothing contained herein shall be construed to entitle

an employee to a light duty assignment or a specific light

duty task.

2. Type of Work

The light duty positions shall be in Fire Prevention, Training

Division, or other divisions of the Fire Department as se-

lected by the Chief of the Department, assisting the Training

Officer, assisting the Supply Officer and performing other

similar tasks involved in the ordinary course of business of

the Fire Department.

3. Hours of Work

The light duty work shall be performed on a five (5) day, eight

(8) hour per day basis, Monday through Friday, during nor-

mal business hours.

4. Length of Light Duty Assignment

A person may not be assigned to light duty for longer than

_____ months commencing on the date of his/her assign-

ment to light duty, provided however that if a person applied

for a disability pension based upon a doctor’s report that the

person is permanently disabled, then that person may be as-

signed to light duty for a period no longer than _____

calendar days while the prognosis on whether he/she will be

returning to full firefighting or normal duties is being estab-

lished. In either case, an employee shall not be assigned to

light duty during the first _____ calendar days following the

date of his/her injury on duty. All time periods for assign-

ment to light duty shall follow this initial _____ calendar day

period. If the person’s disability pension application is de-

nied by the Board of Public Safety based upon all medical

eports submitted to the Board, then the person shall be sub-

ject to normal light duty assignment time period.

5. Employee’s Eligibility for Light Duty

An employee who is injured and subsequently unable to per-

orm his/her normal duties, may be assigned to light duty

upon examination and report by a doctor, selected by the

City, or, the employee’s own physician, subject to the approval

of the City that the person is capable of performing light duty.

6. Salary

A person’s salary while on light duty shall not be less than

that which he/she would have received had he/she continued

to perform the regular and ordinary duties assigned to

him/her prior to the injury or disability.

7. On-the-Job Injuries

Light duty shall first be assigned to employees who are dis-

abled as a result of an on-the-job injury and these

assignments shall be by Department wide seniority, regard-

less of rank, with the junior person being assigned first.

Persons with on-the-job injuries, who are medically certified

to be capable of light duty, must accept a light duty assign-

ment if one is available.

8. Non-Job Related Injuries

Light duty shall secondly be offered to employees who are

disabled as a result of non-job related injuries and these as-

signments shall be by seniority. Persons with non-job related

injuries who are medically certified to be capable of light

duty may elect to take a light duty assignment, then he/she

must serve in said assignment on a full time basis as long as

he/she is medically certified and until such time that the light

duty assignment is terminated pursuant to the terms of this

Section or placed on the pension rolls and the employee may

not choose to work light duty on a part-time basis.

9. Priority Assignment

Seniority shall only apply within each classification of dis-

abled employees and in the event that light duty has been

assigned to an employee with a non-job related injury and

an employee with a job related injury then becomes available

for said assignment, the light duty position shall be assigned

to the employee with the job related injury.

 Clause 2:

For an employee on injured-on-duty status:

1. If an attending physician agrees or recommends that an em-

ployee who has been injured on duty is able to perform

limited duties, that employee will be required to work a lim-

ited duty assignment. Such assignment may be to the

employee’s regular assigned shift (day hours only), or em-

ployee shall become temporarily assigned to a forty (40) hour

week.

2. If an employee is off on sick leave longer than _____ calen-

dar days, and his/her attending physician recommends or

agrees that said employee is able to perform limited duties,

the employee may apply for, and shall be granted, temporary

assignment, which assignment would be limited duty.

. In either of the above light duty situations the assignment

shall be to duties determined solely by the Department Head.

It is understood by, and between the parties that such as-

signment may be to any work the employee is qualified to

perform notwithstanding that such work may not be con-

idered traditional Fire Fighter work and may not fall within

the employee’s job description. Such work assignment may

be either a twenty-four hour shift or a forty hour work week

(with either 5, eight-hour days or 4, ten-hour days) and may

be in any City Department. If the employee is assigned to

limited duty within the Fire Division, such employee shall

work the hours normally worked by the Bureau to which

he/she is assigned. If an employee is assigned to other City

Department or Division duties, the employee may be as-

signed to eight hour days.

 Clause 3:

An employee who is unable to fully perform the duties of their

classification because of medical reasons may be returned to

work temporarily in a light duty status, with the concurrence of

the Chief, when a doctor certifies that he/she can be returned to

light duty and identifies the appropriate limitations for such duty.

Light duty when allowed will be allowed for a maximum of ___

days. Under extreme circumstances the Fire Chief may extend

these limits. A physician’s status report shall be submitted to

the Fire Department’s Personnel Office bi-weekly. Light duty

shall not be unreasonably withheld from any employee. Em-

ployees on light duty shall not suffer a reduction of pay or

benefits, with the exception of FLSA overtime and holiday pay

which will only be paid if appropriate hours are worked.

MUTUAL AID

Jurisdictions enter into regional mutual aid agreements that are

tailored to meet specific needs, address likely threats, and make

available a full range of existing resources that can be brought

together quickly in times of emergency. Mutual aid clauses pro-

vide specific details on these arrangements.

The following is a sample mutual aid clause:

 Clause 1:

a. When Mutual Aid is requested from _________ by another

community or when Mutual Aid is requested by

_________________from another community, the Fire

Chief or designee shall evaluate the needs of the Town and

may, at their discretion, order the call back of the appropri-

ate number of additional personnel. It is understood that

the Battalion Chief has no authority to recall any outside per-

sonnel unless directed by the Fire Chief or his/her designee.

b. When there is a Mutual Aid response into _____________

from another town, and such company is actively engaged in

structural firefighting or if such mutual aid request lasts

longer than _______ hours from the time of that mutual aid

company’s arrival at a _____________fire station, the Fire

Chief or designee shall institute a call-back sufficient to staff

a corresponding number of reserve apparatus if such reserve

apparatus is available and the on-coming shift Fire Battalion

Chief will be recalled.

. When providing Mutual Aid to any town or city, and such com-

pany is actively engaged in structural firefighting, all outgoing

apparatus shall be replaced with similar apparatus, if such re-

serve apparatus is available and if the Fire Battalion Chief is

involved, the on-coming Fire Battalion Chief will be recalled.

OUTSIDE EMPLOYMENT

Outside employment provisions ensure management that no

Fire Fighter works a part-time job which conflicts with his/her

position as a member of the fire service.

Provided below are two sample outside employment clauses:

 Clause 1:

The City hereby gives permission to employees to obtain part-

time employment, other than fire fighting work, subject to the

following qualifications:

(1) No employee shall accept employment which is in conflict

with his/her position as a member of the Fire Service. No

employee shall work such hours per week or engage in such

physical employment as will hinder the performance of

his/her duties in the department.

(2) An employee shall notify the City as to any injuries received

in said “outside employment.”

(3) The conditions above set forth shall be the criteria con-

cerning the right to outside employment.

 Clause 2:

Employees covered by this Agreement, may upon prior written

application and approval by the Employer, accept outside em-

ployment, provided that no such outside employment conflicts

with the employees’ duties as may be assigned and required from

time to time by the Employer, interferes with the availability of

the employee for such duties, and does not constitute a conflict

of interest. Continued efforts by the City to cooperate with em-

ployees in permitting outside employment will not be construed

as a waiver of the City’s right to require unscheduled overtime

and to require that its employees be available for emergency

services and other required duties during off-duty hours.

Employees currently engaged in outside employment shall re-

port such employment to the City Manager within thirty (30)

days of effective date of this Agreement.

Disputes concerning approval or disapproval of outside em-

ployment shall be subject to the grievance/arbitration procedure.

PARKING

Parking clauses are negotiated to ensure that Fire Fighters have

access to parking spaces either at the fire house or relatively

close to the fire house. This provision is of particular impor-

tance to those Fire Fighters employed in dense urban areas.

Model contract language:

The Employer shall provide, without cost to employees on

duty, adequate parking spaces adjacent to all Fire Department

facilities, fire stations and work sites.

rovided below are three sample parking clauses:

 Clause 1:

Employees shall be allowed to park personal vehicles in fire sta-

tions provided that there is available space and such parking

oes not impede normal departmental operations, as deter-

mined by the Superintendent of Fire.

Members shall not be required to use a personally owned vehi-

cle for official Fire Department or City business.

 Clause 2:

On-duty personnel may garage their privately owned vehicles

on the apparatus floor where space is available each day after

____ hours or earlier, if approved by the House Captain. Pri-

vately owned vehicles shall not impede the movement of fire

apparatus nor significantly affect personnel’s access to the ap-

paratus. Personnel who choose to garage their privately-owned

vehicles on the apparatus floor do so at their own risk and the

City shall not be responsible for any damage to such vehicles.

At most fire stations, everyone is able to garage their privately

owned vehicles, but occasionally, circumstances might reduce

the available room for privately owned vehicles; whereby, it is

suggested that job seniority then determine which cars are

brought in or left out. Personnel may choose to keep their pri-

vately owned vehicles outside. The House Captain has the final

authority to decide which vehicles are brought in.

Once the privately-owned vehicles are brought in, either keys

should be left in the ignition or in a specified place, so the ve-

hicles can be easily moved.

Do not perform incapacitating repairs or maintenance on pri-

vately-owned vehicles while they are in the Fire Station.

Garaging privately-owned vehicles in the Fire Station is a priv-

ilege, not a right.

 Clause 3:

Employees in represented classes assigned to Civic Center or adja-

cent work locations shall be entitled to free parking in the Civic

Center garage, or a commute incentive which will be subject to meet

and confer. Employees hired after ________ may initially receive

a parking permit for another downtown lot, subject to availability

of space at the Civic Center Garage. Light duty employees assigned

to the Civic Center will receive Civic Center parking temporary per-

mits for the duration of the light duty assignment.

POLYGRAPHS

Contract language on polygraph testing prohibits or restricts

the use of polygraph testing during the course of employment.

The following are two samples of polygraph testing language:

 Clause 1:

(A) No member shall be compelled to submit to a polygraph

examination against his/her will.

(B) No disciplinary action or other recrimination shall be taken

against a member for refusing to submit to a polygraph ex-

amination.

mit to a polygraph examination shall be confined to the

fact that, “_________(City) does not compel fire safety

personnel to submit to polygraph examinations.”

 Clause 2: Rights of Employees

It shall not be mandatory for the firefighter to submit to a lie-

detector test, psychological stress evaluation test, or any other

mechanical or physical device or test for the purpose of deter-

mining veracity.

PRESUMPTIVE LANGUAGE

Presumptive Laws

A presumptive disability law is a law that links a particular oc-

cupation with a disease or condition that has been shown to be

a hazard associated with that occupation. As a result of this

linkage, if an individual employed in the occupation covered

by the presumption contracts a disease or condition that is

specified in the presumptive law, then that disease or condition

is presumed to have come from that occupation. In this case,

the burden of proof shifts from the employee to the employer

to demonstrate that the condition was not in fact associated

with the occupation but with another cause.

In the case of fire fighters and emergency medical responders,

scientific evidence has demonstrated an increased risk for heart

disease, lung disease, cancer, and infectious diseases. At this

time, most of the U.S. States and Canadian Provinces have

some form of presumptive law that applies to fire fighters and

emergency response personnel. These laws vary greatly be-

tween different states and provinces.

The following is a sample of a presumptive language clause:

 Clause 1:

Notwithstanding any provision of the law to the contrary, it

shall be presumed that any employee who contracts HIV, the

AIDS virus, all forms of Hepatitis, Tuberculosis, or any other

contractible virus has done so as the result of a work-related

incident or event, provided there is an existing log or record(s)

or events which support such a presumption.

It is the policy of the City, notwithstanding any provision of

law to the contrary, that any condition of impairment of health

caused by any disease of the heart, lungs or respiratory tract,

resulting in total or partial disability or death to an employee,

shall be presumed to have been suffered in the line of duty as a

result of noxious fumes or poisonous gases, unless the contrary

be shown by competent evidence.

The provisions of this paragraph shall apply to all employees

commencing employment on or after ________, 20___, pro-

vided that the employer may require that the employee

successfully pass a physical examination as a condition of em-

ployment with the Department, and that any such examination

fails to reveal such disease. This paragraph shall apply to em-

ployees whose date of employment precedes ________, 20___,

upon the filing by such employee of a statement in writing,

electing that these paragraphs shall apply, certifying that said

employee has not, within the twelve (12) months previous to

the date of filing said statement, engaged in smoking cigarettes,

igars, pipes or any other tobacco product, either on or off duty,

and electing that the provisions of these paragraphs shall apply

henceforth to said employee. Furthermore, before said election

shall be deemed effective, the employer shall have the right to

require by notice in writing given within fifteen (15) days of

he employee’s election, that the employee submit to a physical

examination, which examination fails to reveal the existence of

such disease.

PRINTING AND SUPPLYING AGREEMENT

This clause is negotiated so that employees are aware of their

rights and benefits. The cost incurred by printing the agree-

ment is negotiable.

Model contract language:

This Agreement and any future Agreement shall be printed

and supplied to each employee by the Employer within

#______ working days at no cost to the employee.

Provided below are two sample printing and supplying agree-

ment clauses:

 Clause 1:

The Union may obtain copies of this Agreement from the City

by reimbursing the City for their cost. The City will provide ___

copies to the local at no expense and will supply each fire station

with one copy. The City shall print and publish this Memoran-

dum of Understanding within ___ days of final approval of draft

document. In addition, the City shall provide to Local ___ a

copy of this Memorandum of Understanding on disk.

 Clause 2:

The City shall provide all present and future employees a

copy of this Agreement.

RESIDENCY REQUIREMENTS

Management may attempt to negotiate a clause that addresses

residency requirements. If an IAFF jurisdiction does have this

clause, it should be made as lenient as possible.

Model contract language:

There shall be no residency requirement for employees in the

classification represented by Local ___.

Provided below are three sample residency clauses:

 Clause 1:

The City and the Union agree residency within the boundaries

of the City or any other areas served by the employer with

emergency services shall not be required and or considered as

a condition of employment.

 Clause 2:

All current and future employees of the _________ Fire De-

partment, shall as a condition of employment, maintain a

bona-fide residence within a ___ mile radius. If this radius shall

bisect a City or Town, that entire Town shall be considered as

being within the accepted radius. It is also understood that no

community outside the State of ______ shall be considered as

within the accepted radius.

 C

lause 3:

All employees covered by this Agreement shall be actual resi-

dents of the City of ______.

In an arbitration, the Union may not challenge the validity of

he residency law or requirement. However, it may assert that

an employee discharged for failure to meet the residency re-

quirement was not discharged for “just cause,” if it can be

shown that other City employees similarly situated who also

fail to comply with the residency requirement were either not

discharged or suffered lesser penalties. In that circumstance,

the factual questions together with the question of just cause

and whether the discharge was discriminatorily based are mat-

ters for the arbitrator.

REST PERIODS

Rest period clauses are negotiated to define the amount of time

which can be spent on break, mealtime and sleeptime.

Provided below are three sample rest period clauses:

 Clause 1:

All employees not working a ________ hour duty shift, shall

be entitled to ______ rest periods per shift, excluding a lunch

period. When employees are working, they shall be allowed a

rest period every ___ hours and such periods may be taken

within each ___ hour period. These periods shall be taken one

before and one after lunch. Length of rest periods shall be ___

minutes per period.

When Fire Department platoon personnel are not participating

in alarms, training, station duties, or apparatus maintenance,

coffee shall be available if so desired.

 Clause 2:

The use of beds will be permitted for all employees after ___

hours. When there has been a demonstrated problem or activ-

ity requiring immediate attention, such duties as exit checks or

other inspections may be performed at any hour.

Hurricanes, riots, flood or emergencies that demand extended

tours of duty or recall to duty will permit use of beds at the dis-

cretion of the Division Commander.

Any time an employee becomes ill while on shift, his/her im-

mediate Supervisor may permit the employee to use the bed.

Between ___ hours and ___ hours no employee will be required

to engage in routine station maintenance or clean up.

Night training will be conducted between ____ and ____

hours. Night training sessions shall be limited to _____hours

in duration and no more than ____ times a fiscal year unless

additional night training is required by ISO Rating Service.

On those occasions when night training is scheduled, the

scheduling of other work activities shall continue as per cur-

rent practice.

Those combat members who are scheduled to work on a rec-

ognized holiday (excluding employee birthday) will not be

required to participate in or attend any training sessions.

 C

lause 3:

Section 1. Meal Times - 24 Hour Shift

The Employer agrees to provide reasonable time

(not more than ___ per meal) for lunch and dinner

eal periods. Such meal periods shall not be unrea-

sonably denied.

Section 2. Meals When Working Beyond the 24 Hour Shift

Employees who are held over and required to work

more than ___ hours beyond their regular schedule

shall be given reasonable time, consistent with Sec-

tion 1, to eat meals while on duty.

Section 3. Rest Period

Following the third daily activity period, for any em-

ployee working shift work, bed rest shall normally

begin at ___ hours. This provision shall not, how-

ever, impede the performance of work based upon

operational needs as required and deemed appro-

priate by the Employer.

SHIFT EXCHANGE

Shift exchange provisions are negotiated to permit fire fighters

flexibility with their work schedule.

Model contract language:

Employees shall have the right to exchange shifts when the

change does not interfere with the operation of the Fire De-

partment.

Provided below are three sample shift exchange clauses:

 Clause 1:

A Fire Fighter has the option to exchange time of shifts with a

fellow Fire Fighter no more than ___ hours in any single cal-

endar year taken in ___ hour minimums with the prior

approval of his/her superior officer. Under no circumstances

shall the use of this option create any additional cost, through

overtime or otherwise, to the City.

 Clause 2:

Time exchanges may be voluntarily undertaken between two

(2) employees upon approval of the employees’ immediate su-

pervisors and Battalion Chief prior to such exchange of time.

Responsibility for arrangement for the repayment of such time

rests with the employees involved.

No obligation shall be placed upon the Authority for repay-

ment of time voluntarily traded or repaid between employees.

 Clause 3:

The officer in charge of a Company, Battalion or Bureau shall

grant the request of any two (2) members of the Company, Bat-

talion or Bureau to exchange time, as long as the two (2)

employees are of the same rank and as long as the time block

is at least ___ hours, except for hold over trades. For purposes

of this Article, Lieutenants and Captains shall be considered

equal and apprentice Fire Fighters, regardless of pay scale, shall

be considered equal. The Chief may approve trades between

members of different ranks and shall not unduly restrict trad-

ng time unless there is disparity in ability between the parties

to trade, which means inability to perform the required tasks.

Any disapproval shall be subject to the grievance procedure.

The officer in charge of the Company or Unit shall be advised

in writing of the trade prior to the start of the shift and a record

f the exchange shall be kept in the Company or Unit files. The

exchange of time shall be repaid within one (1) year of the date

of the trade. If the time period for the repayment elapses, the

officer in charge of the Battalion or Bureau shall assign a date

for repayment of the exchange within ___ days, provided that

the repayment date is acceptable to the member who is owed

repayment.

SMOKING POLICIES

Employers have been taking steps to restrict smoking for health,

comfort and cost reasons. Policies negotiated in the fire service

generally restrict smoking for newly hired employees for the

duration of their employment. In addition, smoking cessation

programs are offered to current employees who wish to quit

smoking.

Provided below are three sample clauses on smoking policies:

 Clause 1:

Section 1. The Surgeon General of the United States has deter-

mined that smoking tobacco contributes to the

development of a number of heart and lung diseases.

Section 2. As of ________, 20___, the City will hire as fire

fighters only those individuals who do not smoke,

and such individuals will continue to not smoke for

the duration of their employment. As of

___________, 20__, the City will hire as fire fighters

only those individuals who do not use tobacco prod-

ucts, and such individuals will continue to not use

tobacco products for the duration of their employ-

ment.

Section 3. All bargaining unit employees who were hired be-

fore ________, 20__ will not be affected by the no

smoking condition of employment which will apply

to the new hires, but current employees will smoke

only in designated smoking areas while on duty.

After meeting and conferring with the Union, the

City retains the right to designate smoking areas in

each fire station.

Section 4. The City agrees to make reasonably available courses

to stop smoking for those employees wishing to quit

smoking.

 Clause 2:

Smoking shall be prohibited in all City vehicles. Smoking shall

be prohibited in all City facilities except in a designated “smok-

ing permitted” area, of which there shall be no more than one

(1) in any Fire Division facility. Except for facilities where spe-

cial considerations require that smoking be prohibited entirely,

City representatives shall designate no more than one (1)

“smoking permitted” area in each facility of the Fire Division

after consultation with Union representatives and after con-

sultation with at least one non-smoker and one smoker (if any)

assigned to each facility.

 C

lause 3:

Section 1. All fire fighters hired on or after ___________, shall

be non-smokers at the time of hire as a condition of

employment and shall be required, as an absolute

ondition of continued employment, to refrain from

smoking cigarettes, cigars, pipes, or tobacco prod-

ucts of any kind at all times, whether on or off duty.

Any firefighter hired on or after ______________

who violates this provision will be subject to disci-

plinary action up to and including discharge.

Section 2. The parties further agree to cooperate to persuade

and encourage fire fighters hired before

_____________ to stop smoking tobacco products.

Section 3. All fire fighters hired before ______________ shall

be permitted to smoke tobacco products in the en-

gine room and outdoors only. No smoking of

tobacco products of any kind shall be permitted in

any other locations including, but not limited to: the

Station house and Department vehicles and appara-

tus. Any firefighter who violates this provision will

be subject to disciplinary action up to and including

discharge.

STATION MAINTENANCE

These clauses define the station maintenance and upkeep re-

sponsibilities of the Fire Fighters and the Employer.

Model contract language:

The Employer agrees to supply and make available all materi-

als required in the day-to-day maintenance and upkeep of all

fire houses. The Employer furthermore agrees to supply all

items necessary to maintain satisfactory sanitary conditions

of all quarters within all fire houses.

Provided below are three sample station maintenance clauses:

 Clause 1:

No employee in the fire fighting force shall be assigned to per-

form any duty which is unrelated to fire fighting, fire

prevention (including inspections), Emergency Medical Serv-

ices or rescue work or for the care and maintenance of fire

fighting equipment and apparatus, or to the normal cleaning

required to maintain the quarters and areas in which he/she is

employed, in a clean and sanitary manner. Nothing herein pro-

hibits the Chief from assigning personnel to work on special

projects relating to department business on a day-to-day basis

on their assigned shift.

 Clause 2:

Fire Fighters shall be required to clean their living areas, the

watch desk, and office area as part of annual spring cleaning,

but shall not be responsible for cleaning apparatus rooms, stor-

age rooms, basements, or attics as a part of the annual spring

cleaning. These latter rooms shall be cleaned, however, on a

daily or regular basis.

Ambulances, fire trucks and other fire fighting equipment shall be

washed only once daily in the morning if the Captain deems it nec-

essary or as it is required to maintain the safety of the Fire Fighters.

 C

lause 3:

Station Duties

No member shall be required to perform any duties other than

those related to fire fighting and medical care procedures for

hich he/she is trained. This is not to be interpreted that a

member may neglect routine housekeeping tasks for a clean,

sanitary and safe work place. However wall washing, painting

fixed or unfixed surfaces unrelated to fire service, construction

work, and any type of extraneous building maintenance is ex-

pressly prohibited.

TRANSFERS

Transfer provisions mandate a procedure by which all transfers

will be made.

Model contract language:

In the event of a job opening due to the promotion, transfer,

demotion, retirement or demise of an employee, which should

be filled by a lateral transfer, such transfer shall be made in ac-

cordance with the following provisions:

1. All positions to be filled by lateral transfer shall be an-

nounced by bulletin which shall be posted in convenient

locations accessible to all employees for a period of at least

____ days. Such positions shall be considered open for written

bid for this ____ day period.

2. In the event more than one employee submits a written bid

to the Employer for the position, the position shall be filled by

the bidding employee with the greatest seniority.

3. In the event no bid is received for a posted position, the Em-

ployer has the right to offer the position to any employee.

Provided below are three sample transfer clauses:

 Clause 1:

Section 1. Whenever a vacancy occurs in an assignment, and

such vacancy is going to be filled by the Division of

Fire, an announcement of the existence of such va-

cancy shall be posted. Employees desiring a change

of assignments may make a written request on the

designated Fire Division form for such change.

When a vacancy occurs in any ____ hour assign-

ment, the assignment to the vacant position will be

made on the basis of rank seniority unless the skill,

ability, and work performance of a less senior bid-

der is greater. Upon the request by the Local Union

and/or the member(s) in question, the Fire Division

shall substantiate, in writing, why it considers the

skills, ability and work performance of the less sen-

ior bidder to be greater. Should a grievance be filed

contesting (1) a posted vacancy or (2) the employee

selected to fill a vacancy, the vacancy which is the

subject of the grievance shall not be filled by perma-

nent transfer until the grievance is resolved. In

addition, if any bidder with seniority higher than the

person who the city otherwise intends to select for

the grieved position is also the bidder with the high-

est seniority for another posted vacancy (i.e., an

“

affected vacancy”), such affected vacancy shall not

be filled by permanent transfer until the grievance is

resolved. When there is no qualified bidder for the

vacancy, and the vacancy has been advertised, the

least senior qualified unassigned person in the rele-

ant rank with proper certification shall be so

transferred. The least senior (rank) officer in the rel-

evant rank shall be determined on the closing date

of the vacancy list. The least senior officer in the rel-

evant rank on the closing date (deadline for

submission of bids) of any vacancy list shall be the

officer subject to force filling.

Section 2. When any employee is about to be permanently

transferred from a forty (40) hour per week schedule

to the three (3) platoon shift, or vice versa, he shall be

given, except in extraordinary circumstances, at least

forty-eight (48) hours notice of such change. This

same provision shall apply in the case of permanent

transfers from one unit to another.

Section 3. Permanent Transfers

The following procedures shall be followed for all permanent

transfers:

(a) The permanent transfer list shall precede and be distributed

before the next vacancy list is posted.

(b) The vacancy and the permanent transfer list shall reflect the

position being vacated and the position being filled by

name, rank and position.

later” shall be noted as a projected date on that transfer list

and any subsequent transfer list, until such time the actual

transfer is made.

(d) No vacancy shall be considered to be force transferred until

the vacant position has been advertised on at least one va-

cancy list as set forth in Section 1. above.

(e) The vacancy list shall be advertised for _____ days.

(f) The permanent transfer list must state the exact vacancy

filled.

(g) Any newly created position shall be advertised as a vacancy

on the first vacancy list following the creation of said position.

(h) Any employee on approved leave desiring a change in as-

signment must submit a written request on the form

designated by the Fire Division. Such request shall be kept

on file and shall be worked with all other written requests

desiring changes in assignment.

(i) Whenever a vacancy is created by promotion, retirement,

resignation, termination or any other action, and such va-

cancy is going to be filled by the Division of Fire, it shall be

advertised on the next vacancy list following the actual cal-

endar date of the occurrence.

 C

lause 2:

(1) The City shall compile a list of permanent vacancies every ___

weeks and shall post such list in each unit or company not less

than ___ days before the end of the current pay period.

(2) Each employee will have ___ days from the day of posting

to submit a bid on the authorized form, on posted vacan-

cies of rank equal to his or her own.

(3) Each employee may submit no more than ___ bids in the

order of preference. If an employee is the senior qualified

bidder on any one of the bids submitted, said employee

must accept the position so bid.

(4) The senior employee bidding for a vacancy as determined

below, shall be transferred to such vacancy at the close of

the current pay period.

(5) If all positions of equal rank are filled, an employee, with

the permission of the Chief, may submit his or her own po-

sition for bid in accordance with this Section. The employee

so doing shall be transferred to the vacancy created by the

employee successfully bidding on the posted position.

(6) Seniority

(a) Seniority for the purpose of bidding on transfers shall be

determined by continuous service in the Bureau.

(b) Continuous service shall be calculated from the date an em-

ployee was sworn into the Bureau.

order that their names appeared on the eligible list of the Civil

Service Commission at the end of their probationary period.

(d) Continuous service shall be broken by resignation or dis-

charge.

 Clause 3:

Employees may request a transfer into a district at anytime on

a form provided by the Employer. Such requests must be ap-

proved by the Chief, but will be given priority consideration

when filling vacancies within that district, subject to the fol-

lowing limitations:

(a) Transfers will be made based on the date of submission of

the request. (In the case of a tie, departmental seniority will

be the determining factor.)

(b) Only one request can be active at any time.

quest another transfer for one (1) year unless an

Administrative Transfer occurs moving them out of the re-

quested district.

TURNOUTS

Clauses on turnouts define what fire fighting gear and work

uniforms are to be furnished. In addition, many clauses on

turnouts also specify that nationally recognized standards are to

be followed when purchasing turnout gear and work uniforms.

odel contract language:

The Employer shall furnish and thereafter maintain at no cost

to the employee all respiratory apparatus, gloves, helmets, pro-

tective clothing and other protective equipment, such as

ersonal alarm devices, or personal floatation devices, neces-

sary to preserve and protect the safety and health of fire

fighters.

All protective clothing and equipment shall meet the standard,

whether existing or promulgated during the term of this agree-

ment, that provides the highest level of worker protection

from among federal, state, provincial or voluntary consensus

standards.

The Employer agrees to convert present self-contained breath-

ing apparatus to open circuit positive pressure type within

_____ months and that all new purchases shall be only of

open-circuit positive pressure self-contained breathing appa-

ratus.

Only personnel who have been trained and certified by the

manufacturer or applicable federal agency shall be permitted

to perform maintenance and/or repairs on self-contained

breathing apparatus.

The Employer shall provide and thereafter maintain at no cost

to the employee station uniforms that meet the non-flamma-

bility criteria for char length and after flame time in

accordance with the provision set forth in 29 CFR 1910.1S6

(e) (3) (ii) (B), OSHA Fire Brigade Standard.

Provided below are three sample turnout clauses:

 Clause 1:

The City agrees to furnish, upon need, necessary protective fire

fighting gear and work uniforms. All uniforms and gear, as

phased in for purchase, shall meet the minimum standards set

forth by NFPA. Uniforms and protective gear will be replaced

by the City when said uniforms and protective gear are pre-

sented by the employee as no longer fitting or are worn to such

a degree as they are no longer presentable for wear.

 Clause 2:

(A) The County shall supply to each employee and replace on

an as needed basis:

1. One (1) turnout coat

2. One (1) helmet

3. One (1) adjunct with a check valve

4. One (1) pair of turn-out pants with suspenders

5. One (1) pair of leather structural fire fighting 14” high

slip on boots. EMS-only personnel shall be issued an 8”

side-zip EMS boot, NFPA certified or be afforded

$___________ in shoe replacement allowance

6. Two (2) pairs of turnout gloves

7. A hood that meets or exceeds NFPA standard 1971

8. One (1) set personal hearing protectors

9. One (1) gear bag to each member assigned to Emergency

Operations for the purpose of carrying turn-out gear

when members are detailed from one location to another.

(

B) The County shall supply, and replace on an as-needed basis:

1. One (1) pair of muff-type hearing protectors for each truck,

and two (2) pairs of muff-type protectors for each Medic

2. One (1) NFPA approved P.A.S.S. device for each position

. One (1) pair of communication headsets for each riding po-

sition on all newly purchased apparatus

fires, rescue assignments, vehicle fires, Haz Mat incidents

and other appropriate calls. Full turn-out gear shall not be

required on heart related or medical incidents unless rescue

is involved.

(D) The County, Fire Department, and Association shall con-

tinue to work in concert and consider all State and Federal

Grant Avenues to obtain enhancements for the fire serv-

ice, including but not limited to the following:

1. A second turn-out coat, a second pair of turn-out pants and

suspenders, and second hood for each member.

2. One (1) Portable Radio and Two (2) Batteries for each riding

position on every Engine, Truck, and Medic

3. Fifty foot (50’) piece of personal search and rescue rope and

a carrying bag.

4. Face piece amplifier to enhance radio communications when

wearing Breathing Apparatus in a hazardous atmosphere.

5. One (1) Air Compressor within each Division for the use in

the air cascade systems in the career stations.

 Clause 3:

The City agrees to replace damaged, lost or stolen station uni-

forms and replace all firefighting protective equipment as

needed, whether destroyed, damaged, lost, stolen or worn in

the line of duty. Protective equipment shall be considered to be

boots, helmets, gloves, night hitches and fire coats. The City

shall endeavor to furnish members uniforms and protective

equipment within ___ days of said written request and if un-

able to do so will furnish said applicant with a reasonable

explanation as to the cause of any delay.

The City agrees to issue one station uniform, except shoes,

yearly to all members. The station uniform will consist of a

shirt and pants and shoes. Members whose station uniform

consists of black pants, white shirt and black tie shall be issued

the required clothing. Said uniforms to be issued on July 1st.

UNPAID LEAVE OF ABSENCE

Unpaid leave of absence clauses permit an employee to go on

unpaid leave for: personal reasons, military duty, sickness or

injury, education and maternity and parental leaves. An unpaid

leave of absence clause is negotiated to ensure job security, sen-

iority and continuation of employee benefits.

Provided below are three sample unpaid leave of absence

clauses:

 Clause 1:

Section 1. Personal Leave

A personal leave of absence in excess of ___ days may be

granted at the request of the member of the bargaining unit

upon the approval of the City. Leaves of absence for ___ con-

ecutive days or less may be granted and need not be covered by

a formal leave of absence. Requests for such leaves shall be in

writing and submitted at least ___ days prior to its start when-

ever practicable. If it becomes necessary for a member to

request a short term emergency leave during a scheduled tour

f duty, such member shall be allowed to complete his/her tour

of duty upon conclusion of said emergency.

Section 2. Thirty Day Leave and/or Extension

A leave of absence may be granted for up to ___ calendar days

in any calendar year without loss of position by the employee.

When an employee returns from an approved leave of absence,

he/she shall return to the position in the service from which

the leave was granted.

A leave of absence for more than ___ calendar days may be

granted, but the employee granted the leave of absence for

more than ___ calendar days shall not be entitled to be re-

turned to the position from which the leave was granted but

will be placed in an open position in the same class or in a class

at the same salary group provided a vacancy exists. However,

any employee who is on an industrial injury leave in the City

program will be entitled to return to their position.

Those fire fighters on an approved FMLA (Family Medical

Leave Act) leave may hold three (3) weeks vacation and 15 days

sick time in abeyance for later use.

In no case shall a leave of absence be granted for a period of

more than ____, except as otherwise provided herein.

Section 3. Fringe Benefits During Leave

An employee on an approved leave of absence shall continue

to accumulate seniority during the period of his/her absence.

An employee on an approved leave of absence of ___ calendar

days in any calendar year or less shall have his/her hospitaliza-

tion and surgical insurance and death benefit continued in

force by the City. An employee on an approved leave of absence

for more than ___ calendar days in any calendar year shall not

receive his/her fringe benefits during the period of such leave

exceeding the first ___ days, however, the employee may

arrange to prepay through the Division of Accounts the pre-

miums necessary to continue the employee’s hospitalization

and surgical insurance in force during the period of time the

employee is on leave.

Section 5. Sick or Injury Leave

When an employee is sick or has been injured, and the em-

ployee has no sick days or injury pay left, and extended Sick Pay

has not been granted, then the employee may apply for a Leave

as provided in Section _____. The request must be accompa-

nied by the Statement of Attending Physician verifying the

necessity for such leave. The Leave may be granted for periods

of ___ days or more, depending on the condition of the em-

ployee, not to exceed ____ from the date the employee’s sick or

injury pay has been exhausted.

 Clause 2:

Section 1. Definition. An absence without pay (“AWP”) is an

authorized absence for any part of a work day which is ap-

proved in writing.

ection 2. Use of Absence Without Pay.

n absence without

pay is only to be administered on an emergency basis. It may

not be used to cover repeated tardiness nor when an employee

has accrued annual leave.

n the event that an employee has exhausted annual and/or sick

leave balances, the District Chief or immediate supervisor may

authorize an absence without pay for legitimate purposes up

to a maximum of ____ hours in a calendar year. Additional

absences without pay may be authorized at the discretion of

the Fire Chief, however, no employee may be authorized more

than ____ hours of absence without pay in a calendar year.

Additional absences without pay for extraordinary circum-

stances may be authorized by the Fire Chief provided that

contiguous periods of ____ or more hours of absence shall re-

quire the applicable Leave of Absence status per Article ____.

Absences without pay shall not be credited towards the accrual

of sick or annual leave.

 Clause 3:

Leave of absence without pay may be granted for a period not

to exceed one year in cases of illness not covered by sick leave;

in cases of personal emergencies, including childbirth; for tem-

porary employment by the Union; for education and training;

or when such absences would not be contrary to the best in-

terests of the City. Any authorization for leave of absence

without pay shall be made in writing by the Personnel Officer

and the Department Head.

The employee may elect to use earned sick leave (provided el-

igible for sick leave) and vacation prior to commencement of

the leave or retain the earned sick leave and vacation for use

upon return to employment.

Absences from duty without pay for a period not exceeding ___

calendar days for satisfactory reasons may be granted by the

Department Head.

Any employee who does not return to his/her employment on

or before the date of such expiration of his/her leave shall be

deemed separated from the service as of such date of expira-

tion, subject to due process.

An employee who is on leave without pay shall not accrue va-

cation or sick leave.

VACANCIES (FILLING OF)

Vacancy clauses establish posting, time limits and procedures to

be followed by the employer when filling vacancies.

Provided below are three sample filling of vacancies clauses:

 Clause 1:

(1) Permanent vacancies - A permanent vacancy is one that oc-

curs as a result of such things as the death, resignation,

removal, reassignment, transfer, promotion, or permanent

disability of a member. This list is merely descriptive and

not limiting.

(

2) Vacancies that are permanent shall be put out for bid by

seniority. Where the vacancy is in a special unit, including

without limitation, such examples as paramedics and arson

investigators, who are required to have special qualifications

beyond those attaching to the standard duties of a Fire

ighter, the Employer’s posting of a job opening shall de-

scribe the opening and shall list in detail the specific,

objectively verifiable criteria which the Employer requires

to fill the position. Seniority shall prevail among the appli-

cations meeting the criteria listed.

(3) Posting of vacancies - Notice of any permanent vacancy

which the Chief intends to fill shall be posted in all houses.

The notice shall be posted for ___ calendar days prior to

the date when the vacancy shall be filled. Any employee

wishing to bid on such a vacancy shall submit this request

in writing during the posting period. A member may only

rescind a bid up to ____ hours prior to the time the bid is

awarded. Once a bid has been awarded, it shall be deemed

irrevocable.

 Clause 2:

The Fire Chief will endeavor to permanently fill vacancies in

regular positions, that are duly authorized to be filled, expedi-

tiously within limitations imposed on him/her by

administrative and operational factors, and thereafter, consis-

tent with applicable Civil Service Rules, based on length of

service by classification when fitness and qualifications of in-

terested employees for the particular vacancy are deemed to be

equal by the Fire Chief. When requested, departmental man-

agement shall indicate the reason(s) why an employee was or

was not transferred into a vacancy as part of Labor-Manage-

ment Committee proceedings. “Vacancy” hereunder is defined

as a regular opening in any position created by death, retire-

ment, dismissal, promotion, demotion, creation of a new

regular position or transfer, provided, however, that with the

filling of staff positions, all applicants shall be considered, and

the Fire Chief shall make the final determination.

 Clause 3:

The Fire Department shall recognize the importance of sen-

iority provided the senior applicant has the ability and

qualifications to perform the work involved. However, the De-

partment’s decision shall be final.

VOLUNTEERING

The IAFF Constitution and By-Laws state that “Any member of

the Association found working a secondary job as a paid-on-call

fire fighter or an employee of a public employer, nonprofit cor-

poration, or a private contracting firm providing fire protection

or emergency medical services to a city, county, municipality, or

a fire protection district as a volunteer, reserve, part-time, part-

paid, police officer, police reserve, or public safety officer may be

subject to charges being filed against that member.”

Provided below is a sample volunteering clauses:

 Clause 1:

Employees hired on or after _________, will be prohibited

from performing firefighting or emergency medical services for

municipalities or private entities operating a paid, part paid,

paid on call, or volunteer fire department or EMS service other

than the City of _____________.

WELLNESS-FITNESS INITIATIVE

The Fire Service Joint Labor Management Wellness-Fitness Ini-

tiative is a historic partnership between the IAFF and the IAFC

to improve the wellness of fire department uniformed person-

el. Ten U.S. and Canadian public professional fire

departments participated. Each of these departments have

committed themselves to this Wellness-Fitness Initiative by re-

quiring the mandatory participation of all of their uniformed

personnel in this program. This bold move to commit labor

nd management to the wellness of their uniformed personnel

will carry the fire service into the 21st century.

Each year, IAFF Death and Injury Surveys demonstrate that fire

fighting remains one of the most dangerous occupations in the

United States. Research has repeatedly shown the need for high

levels of fitness to perform safely in the fire service. The fire

fighters’ long hours, shift work, sporadic high intensity work,

strong emotional involvement, and exposure to human suffer-

ing places fire fighting among the most stressful occupations

in the world. High levels of stress, intense physical demands,

and long term exposure to chemicals and infectious disease

contribute to heart disease, lung disease and cancer— the three

leading causes of death and occupational disease disability.

Wellness is a personal commitment that all uniformed person-

nel must make to survive and to sustain a career in the

professional fire service. When uniformed personnel are ill or

injured, malnourished or overweight, over stressed or out of

balance, it affects their ability to effectively do their job.

Provided below is a sample Wellness-Fitness clause:

 Clause 1:

The Fire Department will develop and implement a Wellness

and Fitness program consistent with the recommendations of

the IAFC/IAFF Joint Labor Management Wellness Fitness Ini-

tiative. The program will be a voluntary, non-punitive program

provided however that prior to beginning the program, each

employee must have taken the physical examination specified

in Article ____ and receive a written evaluation from the physi-

cian before beginning the fitness program. The program shall

include baseline fitness evaluation, individual fitness and train-

ing goals, follow-up fitness re-evaluations as needed by

determination of the Fitness Team, educational in-service

training and written materials on wellness topics, and quarterly

and annual group and individual achievement awards. This

program shall not substitute for nor impact the Incentive Leave

Program.

GLOSSARY

Ability To Pay — A contention made by an employer during

collective bargaining negotiations that it is not possible to bear

he cost of the wage increase demanded by the union. Ability to

pay is a common criteria considered by fact finders and arbi-

trators in making their awards.

Across The Board Increase — A raise in wages, in terms of dol-

ars or a percentage given at one time to all workers in a

bargaining unit.

Agency Shop — A union security provision that requires all

bargaining unit employees to pay a fee or dues. This fee is pre-

sumed to offset the cost to the union of representing the

employees in negotiations and contract administration.

American Arbitration Association — A private, nonprofit or-

ganization established to promote arbitration as a method of

resolving labor disputes. The AAA can provide a list of qualified

arbitrators to the employer and the union. The AAA also has es-

tablished rules of procedure for the arbitration process.

American Federation of Labor-Congress of Industrial Organ-

izations — A federation of craft and industrial unions, as well

as unions of a mixed structure created by a merger in 1955. Its

primary functions are education, lobbying and helping con-

stituent unions.

Arbitration — Dispute resolution in which neutral third party

or panel hold a formal

hearing, take testimony and render a decision. There are two

major types of arbitration: grievance arbitration and interest

arbitration.

Advisory arbitration — The terms of settlement rendered

by the arbitrator are in the nature of recommendations

which the parties are not obligated to accept.

Binding arbitration — The parties are required to accept

and follow the terms of the arbitrator’s award. Binding ar-

bitration is enforceable in court.

Compulsory arbitration — Mandated by statute for the

resolution of impasses.

Conventional arbitration — A form of interest arbitration

in which an arbitrator or panel is able to fashion an award

as deemed appropriate.

Final-Offer “total package” arbitration — A form of inter-

est arbitration in which an arbitrator or panel must choose

either the management or labor proposal.

Final-Offer “issue-by-issue” arbitration — A form of in-

terest arbitration in which an arbitrator or panel after

reviewing management and labor proposals can break

down a decision on an issue-by-issue basis.

Grievance arbitration — A method of resolving disputes

over the interpretation and application of the collective

bargaining agreement.

nterest arbitration — A method of resolving disputes that

arise during the course of contract negotiations. The arbi-

trator or panel must determine what will be contained

within the agreement.

rbitrator — A neutral third party to whom disputing parties

submit their differences for a decision.

Bargaining Agent — An organization which is the exclusive

representative of all workers in a bargaining unit, both union

and nonunion. An employer may voluntarily recognize a par-

ticular union as a bargaining agent for the workers or the

question of representation may be settled by a secret ballot elec-

tion conducted by a State or Federal administrative agency.

Bargaining Unit — A group of employees which the employer

has recognized and/or a State or Federal administrative agency

has certified as appropriate to be represented by a union for the

purpose of collective bargaining.

Bidding — A procedure for enabling employees of an agency or

company to make known their interest in a vacant position.

After notice of the vacancy has been posted on bulletin boards

and in other public places, persons may bid for the position by

applying for the opening. The filling of the position may de-

pend on seniority and other factors that the employer and

bargaining agent have agreed upon.

Bureau Of Labor Statistics (BLS) — A Bureau within the U.S.

Department of Labor which collects, analyzes and publishes in-

formation on cost of living changes, labor force participation

rates, unemployment rates, industrial disputes and other eco-

nomic data relevant to labor relations.

Call Back Pay — Compensation for workers called back on the

job after completing their regular shifts, usually for a minimum

number of hours at the appropriate premium rate regardless

of the number of hours they actually work.

Certification — The formal determination by an appropriate

administrative agency that a particular union has been selected

by a majority of employees in a bargaining unit to be the exclu-

sive bargaining agent of all employees in the unit. The

determination usually follows a secret ballot election. Certifica-

tion usually carries with it an election bar for a set period of time.

Closed Shop — A union security arrangement whereby the

employer is required to hire union members only. Membership

in the union is also a condition of continued employment.

Collective Bargaining — The continuing institutional relationship

between an employer entity and a labor organization representing

exclusively a defined group of employees of said employer (appro-

priate bargaining unit) concerned with the negotiation,

administration, interpretation and enforcement of written agree-

ments covering joint understandings as to wages, salaries, rates of

pay, hours of work and other conditions of employment.

Collective Bargaining Agreement — A document that results

from negotiations between an employer and a union. The col-

lective bargaining agreement defines the conditions of

employment (wages, hours, fringe benefits, etc.) and provides

dispute resolution procedures.

onsumer Price Index (CPI) (Cost of Living Index) — Statis-

tics issued monthly by the Bureau of Labor Statistics measuring

the average change in prices of goods and services purchased by

moderate income families and describing shifts in the pur-

chasing power of the consumer’s dollar. The Index is widely

sed in collective bargaining agreements.

Contracting Out — The use by employers of outside contrac-

tors whose employees are not covered by the same collective

bargaining agreement to do work which has been or could be

performed by unit employees.

Costing Out — The process of determining the actual cost of

a contract proposal or agreement.

Counter Proposal — An offer made by one party in collective

bargaining negotiations in response to a proposal by the other

party. Agreement is usually reached after a series of proposals

and counter proposals have reduced the range of disagreement.

Dues Checkoff — A union security provisions, usually stipu-

lated in the collective bargaining agreement, that allows union

dues, assessments and initiation fees to be deducted from the

pay of the union members of an employer. The employer makes

the payments to the union on a scheduled basis.

Duty To Bargain — The mutual obligation of the employer

and the representative of the employees to meet at reasonable

times and confer in good faith with respect to wages, hours and

other terms and conditions of employment. Such obligation

does not compel either party to agree to a proposal or require

the making of a concession.

Duty Of Fair Representation — Union’s duty to represent all

members of a bargaining unit that the organization has been

designated to represent.

Evergreen — A provision in the collective bargaining agree-

ment that ensures the current agreement will remain in full

force and effect during negotiations for a new collective bar-

gaining agreement.

Exclusive Recognition — The type of recognition which provides

that the recognized labor organization is the sole representative

for all employees in the bargaining unit without regard to mem-

bership in that labor organization and which prohibits the

employer from dealing with any other labor organization.

Exclusive Representative — The employee organization which

has been accorded exclusive recognition.

Fact-Finding — A method of resolving contract negotiations

disputes where a neutral or neutral tripartite panel hears the

parties’ arguments supporting their positions and issues, find-

ings of fact, and recommendations to resolve the dispute. The

report is generally made public after a period of time if the par-

ties have not yet reached agreement. Fact finding generally

follows mediation.

Fringe Benefits — Compensation in addition to direct wages,

such as paid vacations and holidays, overtime premiums, med-

ical insurance and pensions.

rievance — An employee complaint; an allegation by an em-

ployee, union or employer that a collective bargaining

agreement has been violated.

Grievance Procedure — A method of dealing with a complaint

ade by an individual or by union or management which al-

lows the work place to continue operating without

interruption. The procedure generally provides for efforts to

resolve the grievance at progressively higher levels of manage-

ment authority, with arbitration typically being the last step.

Impasse — The point in collective bargaining negotiations at

which either party determines that no further progress can be

made toward reaching an agreement.

Labor Relations Board — State or federal agency which pri-

marily administers labor relations statutes. These boards

usually handle unfair labor practices and supervise represen-

tation elections. At the State level these agencies are generally

known as Public Employment Relations Board (PERBs) and

also provide mediation and fact finding services.

Maintenance of Membership — A union security provision

which states that no worker has to join the union as a condition

of continued employment, but that all workers who voluntar-

ily join must maintain their membership for the duration of

the contract. Most maintenance of membership clauses pro-

vide for an escape period either annually or at the expiration of

the agreement when employees may withdraw from the union

without penalty.

Management Rights — Certain rights that management feels are

intrinsic to its ability to manage and therefore are not subject to

collective bargaining. These rights are often expressly reserved to

management in the management rights clause of the agreement.

They include the right to hire, promote suspend or discharge em-

ployees; to direct the work of employees; and to establish policy.

Mediation — An attempt by an impartial third party, called a

mediator, to bring the parties in a labor dispute together. The

mediator has no power to force a settlement but rather operates

primarily through persuasion to help the negotiating parties

reach an agreement.

Mediator — An individual - either conciliator or mediator -

who acts as an impartial third party to help settle collective bar-

gaining disputes. May be appointed by an administrative

agency or be chosen by both parties. The mediator’s role is to

meet with the parties, act as a go-between and help the parties

discover areas of agreement in order to reach a settlement in

negotiations without a strike.

National Labor Relations Board (NLRB) — A board created

by the National Labor Relations Act (NLRA) in 1935 and con-

tinued by the Taft-Hartley Act. The Board is the administrative

agency for the NLRA and its primary duties are to hold elec-

tions to determine union representation and to interpret and

apply the law concerning unfair labor practices.

Negotiation — The process by which representatives of em-

ployee and management try to reach agreement on conditions

of employment, such as wages, hours, fringe benefits and for

handling grievances.

Negotiator — The person who represents the employer or

union in collective bargaining negotiations. Often committees

or “teams” represent each party and one of the committee’s

members acts as chief negotiator or spokesperson for the

roup.

Neutral — An individual who acts as conciliator, mediator,

fact-finder or arbitrator; a disinterested third party who inter-

venes into negotiation disputes in order to facilitate settlement.

No-Lockout — A provision in the collective bargaining agree-

ment in which the employer agrees that the operation will not

be closed down in order to force the employees to accept cer-

tain terms for a collective bargaining agreement.

No-Strike — A provision in the collective bargaining agree-

ment in which the union promises that during the life of the

contract the employees will not engage in strikes, slowdowns

or other job actions.

Parity — An equality between groups of employees pay. Parity

is often sought between fire fighters and police officers.

Past Practice — A clause in the collective bargaining agreement

stating that previous practices of the employer will continue

except as modified by the contract.

Premium Pay — Additional money which is paid to an em-

ployee for certain types of work. Examples: night shifts,

overtime, hazardous duty pay. Premium pay is paid in addition

to the regular pay to compensate employees for the special ef-

fort required, the unpleasantness of the work or for the

inconvenience of the time during which the work takes place.

Ratification — Formal approval of a newly negotiated agree-

ment by vote of the union members.

Recognition — The employer’s acceptance of an employee or-

ganization as the bonafide and legitimate collective bargaining

representative of group of employees for the purposes of col-

lective bargaining.

Savings Clause — A provision in the collective bargaining

agreement that ensures if a contract provision is declared in-

valid by court action or legislation, only that provision is null

and void and that the remaining portions of the negotiated

agreement are in full force and effect.

Scope of Bargaining — The range of issues that is made bar-

gainable by the labor relations statute or by the agreement of

the parties.

Seniority — An employee’s status in relation to other employ-

ees according to the years of employment. Seniority is related

to an employee’s job security and advancement. Seniority

clauses make an individual’s years of employment determine

for example, rights to layoff, recalls, choice of vacation time,

overtime, work shifts, transfer and promotion and other items.

Shift Differential — Added pay for second or third shift ex-

pressed as a percentage of base pay or as extra cents per hour.

teward — The union representative of a group of co-workers

who carries out the duties of the union within an operation,

such as handling grievances, collecting dues or recruiting new

members. Stewards are either elected by other union members

or appointed by a higher union official.

Successor — A provision in the collective bargaining agree-

ment that ensures and protects the rights contained in the

collective bargaining agreement, for its duration, regardless of

a change in management.

Unfair Labor Practice — A practice on the part of either union

or management which violates the provisions set forth by State

of Federal labor relations statutes. Examples on the part of

unions are: 1) controlling or interfering with unions, 2) dis-

criminating against working for their union support or activity,

3) retaliating against workers for complaining to an adminis-

trative agency, and 4) refusing to bargain collectively with the

exclusive representative.

Union Security — Negotiated contract clause requiring the es-

tablishment and continuance of union shop, agency shop,

maintenance of membership, dues checkoff or similar provi-

sions which assures the union of its revenues during the life of

a collective bargaining agreement.

Union Shop — A provision in which the employer may choose

to hire anyone, but in which all workers must join the union

within a specific period of time after being hired and must re-

tain membership as a condition of continued employment. The

courts have refined this obligation to mean only paying the

normal dues and fees that a union member would pay.

Unit Determination — The process by which certain employ-

ees are grouped into a unit to select a single bargaining agent to

represent them in collective bargaining negotiations. Such de-

termination is based upon several criteria, such as community

of interest, employee desires, collective bargaining history and

the administrative organization of the employer.

Waiver Of Further Bargaining/Expressed Waiver — A provi-

sion in a collective bargaining agreement that specifically states

that the written agreement is the complete agreement of the

parties and that anything not contained therein is not agreed to

unless put into writing and signed by both parties following

the date of the agreement. This clause is intended to stop ei-

ther party from demanding renewed negotiations during the

life of the contract.

Working Out-Of-Classification — A provision in the collective

bargaining agreement that provides additional compensation

for employees who perform duties in a higher rank.

1750 New York Ave., NW

Washington, DC 20006

(202) 737-8484