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Ratification of Dubuque Professional Firefighters' Association (DPFA) Collective Bargaining Agreement Copyrighted May 20, 2024 City of Dubuque Action Items # 02. City Council Meeting ITEM TITLE: Ratification of Dubuque Professional Firefighters'Association (DPFA) Collective Bargaining Agreement SUM MARY: City Manager recommending City Council ratify the City of Dubuque/Dubuque Professional Firefighters'Association (DPFA) Collective Bargaining Agreement to become effective on July 1, 2024. SUGGESTED Suggested Disposition: Receive and File;Approve DISPOSITION: ATTACHMENTS: Description Type MVM Memo City Manager Memo Staff Memo Staff Memo Agreement Supporting Documentation Dubuque THE CITY QF � All-Meriea Ciry DLT B E ; . � . � �� MaSt� Z�C� aYd t�Q Mt55ZSSZ Z zoa�•zoiz•�ai3 YP pp za��*zai� TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Ratification of Dubuque Professional Firefighters' Association (DPFA) Collective Bargaining Agreement DATE: May 16, 2024 Chief Human Resources Officer Shelley Stickfort is recommending City Council ratify the City of Dubuque/Dubuque Professional Firefighters' Association (DPFA) Collective Bargaining Agreement to become effective on July 1, 2024. I concur with the recommendation and respectfully request Mayor and City Council approval. v Mic ael C. Van Milligen MCVM:sv Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Shelley Stickfort, Chief Human Resources Officer Amy Scheller, Fire Chief Martin Fitzpatrick, President Dubuque Professional Firefighters Association, Local 25 Dubuque THE CITY OF � All•America Cily DuB E r1�:.�k��ti� �� m, I I Maste iece on the Mississi i z°°''Z°iZxz°13 �P pp za1�*zoi9 TO: Mike Van Milligen, City Manager FROM: Shelley M. Stickfort, Human Resources Director DATE: May 10, 2024 RE: Request for City Council Ratification of DPFA (Fire) July 1, 2024 Collective Bargaining Agreement (CBA) Consistent with the provisions of lowa Code Chapter 20 "Public Employment Relations (Collective Bargaining)" and as directed by the City Council, the City of Dubuque's bargaining team engaged in a collective bargaining process with the Dubuque Professional Firefighters' Association (DPFA) and reached a tentative agreement on or about March 22, 2024. The City received notice on or about April 5, 2024 that the DPFA, through a membership vote, ratified the tentative agreement. A Brief Overview Summary of the Chanqes from the Contract Endinq June 30, 2024 includes: A. In General: Wordsmithing to ensure inclusive and gender-neutral language, updating to current representative, department, or title references, subject/verb agreement, article numbering changed from roman numbers to numbers, and formatting and article re-ordering and renaming for a logical flow. B. Added Definitions of Pay C. Article 1 Recognition: Updated to reflect the modern/current titles of covered fire personnel both within this article and throughout the Agreement. D. Article 2 Employer/Employee Rights: Updated to reflect current, corresponding language in lowa Code, Chapter 20. E. Article 3 General Conditions: Updated and revised to reflect the following: a. expectations around fair representation, and non-discrimination, b. current, corresponding language in lowa Code, Chapter 20, c. access to e-personnel files, d. option for expungement of formal discipline from employee persona files, e. electronic access to CBA, and f. establishment of Labor Management meetings. F. Article 4 Hours: Hours of work were more clearly defined and "Exchanging Work Shifts" provision was added. G. Article 5 Wages/Overtime —Ambiguous language was clarified. H. Article 6 Supplemental Pay: Most supplemental pays to base wages were organized into this new Article that provided for: a. FLSA compliant definitions of hours worked and compensatory time instead of overtime, and compensatory utilization procedures, b. Certification Pay adjustments, c. Education pay at three post-secondary levels and CPSE designation, d. Temporary Assignment Pay, e. Updated Uniform and Gear that is provided; and f. Added Bilingual Pay I. Article 7 Leave: a. Updated how vacation leave is accrued and when it is available each calendar year based on an employee's start date and years of service, b. Sick leave use expanded to include emergency medical/dental visits and illness or injury of an employee's immediate family members, c. The term casual day was changed to personal day and a day equals 24 consecutive hours, d. Bereavement leave, instead of funeral leave, expanded to include memorial services and not merely funeral services. e. Paid Parental leave is provided on a continuous period and not intermittently. f. Disability Relating to Pregnancy Leave was updated to be compliant with lowa law. g. Family Medical Leave Act language was updated to reflect current federal law. J. Article 8 Holiday Pay: Added Juneteenth as provided for in prior CBA Amendment K. Article 10 Transfer Request Procedures: Revised language regarding posting of vacant positions and procedure for requesting transfers. L. Added Safety, Health, and Wellness Article 11. M. Added Article 12 Evaluations N. Article 13 Grievance: Revised language to permit use of this grievance process, unless expressly prohibited by lowa Code Chapter 400, for matters that have an appeal process under Chapter 400, and that once a forum is accessed for a matter that is this exclusive forum for that matter. O. Article 17 Duration and Negotiations: Provides for a 3-year Agreement. P. Added Appendix A Wage Plan: Provides for the base rate of pay by a. Expanding the steps for CBA positions from 3 or 4 steps to 6, 7, or 8 steps in FY25. The number of steps in fiscal years 26 and 26 are recalibrated to permit the targeted increases referenced in P.b. below. b. Targeted increases resulting in variable and differing increases for each of the steps to accomplish closing gaps in competitive compensation per the Classification and Compensation Review. i. In FY25 no greater than a 5% cumulative total increase. ii. In FY26 no greater than a 3.5% cumulative total increase. (Note: Added education bonus) iii. In FY27 no greater than a 4% cumulative total increase. 2 I am recommending that the Dubuque City Council ratify the City of Dubuque/DPFA (Fire) Collective Bargaining Agreement to become effective on July 1, 2024. I respectfully request your support for this recommendation. Attachments: Partially executed CBA (signature page 32) 3 Dubuque THE CITY OF � AIFA�oerica Ciry DLTB E ` I ' � � � Maste� iece on the Mississi Z zooi•2oi��zo�3 � pp 2017*2019 AGREEMENT BETWEEN THE ClTY OF DUBUQUE, IOWA AND THE DUBUQUE PROFESSIONAL FIREFIGHTERS' ASSOCIATION LOCAL 25 JULY 1, 2024, through JUNE 30, 2027 � c � � _�� + � . � I� �� r,��x --� `, � ❖ The City reserves the right to make minor edits or changes to content if inadvertent errors occur. ❖ The City reserves the right to add, withdraw, modify, or amend any or all items in the proposal at any time prior to acceptance of the completed negotiated agreement. ❖ Financials/economic provisions contained within this proposal are subject to and conditioned upon approval by the City of Dubuque's Chief Financial Office. ❖ Non-Salary economics/ non-economics to be applied in year 2 (7/1/2025). These include: Uniform allowance, % education pay, CPSE designation pay, and parental leave. 2 of 35 TABLE OF CONTENTS ARTICLE 1- RECOGNITION AND REPRESENTATION Page 8 Section 1.1 Recognition ARTICLE 2- EMPLOYER/ EMPLOYEE RIGHTS Page 8 Section 2.1 Pubiic Employer Rights (City) Section 2.2 Public Employee Rights (Union) ARTICLE 3-GENERAL CONDITIONS Page 9 Section 3.1 Fair Representation Section 3.2 Gender Section 3.3 Non-Discrimination Section 3.4 No Strike Section 3.5 No Lock Out Section 3.6 Personal Files Section 3.7 Formal Discipline Expungement from Employee Personnel Files Section 3.8 Representatives and Negotiating Committee Section 3.9 Bullefin Boards Section 3.10 Contract Accessibility Section 3.11 Labor Management Meetings ARTICLE 4- HOURS Page 12 Section 4.1 Hours Defined Section 4.2 Hours of Work Section 4.3 Exchanging Work Shifts ARTICLE 5- WAGES/OVERTIME Page 12 Section 5.1 Wage Plan Section 5.2 Step Progression Section 5.3 Overtime 3 of 35 Section 5.4 Special Event StafFing Section 5.5 Recall/ Call Back Section 5.6 Paydays ARTICLE 6-SUPPLEMENTAL PAY Page 13 Section 6.1 Fair Labor Standards Act (FLSA) Overfime and Compensatory Time Secfion 6.2 Longevity Pay Section 6.3 Certification Pay Section 6.4 Education Pay Section 6.5 Temporary Assignment Pay (Acting Up from Position or Grade) Section 6.6 Uniforms Section 6.7 Bilingual Pay ARTICLE 7- LEAVE Page 16 Section 7.1 Vacation Section 7.2 Sick Leave Section 7.2.1 Sick Leave Max Accrual Payout Section 7.2.2 Sick Leave Retirement Payout Section 7.3 Personal Day Section 7.4 Bereavement Leave Section 7.5 Paid Parental Leave Section 7.5.1 Eligibility Section 7.5.2 Amount, Time Frame and Duration of Paid Parental Leave Section 7.5.3 Coordination with Other Policies Section 7.5.4 Requests for Paid Parental Leave Section 7.6 Disability Relating to Pregnancy Leave Section 7.7 lury Duty Section 7.8 Leave of Absence Without Pay Section 7.9 Absence Without Leave 4 of 35 Secfion 7.10 Family and Medical Leave Act ARTICLE 8- HOLIDAY PAY Page 24 Section 8.1 Holidays Defined Section 8.2 Forfeit of Holiday Pay Premium (bonus) ARTICLE 9-SENIORITY Page 25 Section 9.1 Seniority Defined Section 9.1.1 Seniority- Same Day Hires Section 9.1.2 Termination of Seniority Section 9.2 Probationary Period Section 9.3 Layoff ARTICLE 10-SHIFT/STATION TRANSFER Page 27 Section 10.1 Transfer Request Procedures ARTICLE 11-SAFETY, Health, and WELLNESS Page 27 Section 11.1 Joint Labor and Management Health, Safety and Wellness Section 11.2 72 Hour Rule ARTICLE 12- EVALUATIONS Page 28 Section 12.1 Annual Performance Evaluation Procedures ARTICLE 13-GRIEVANCE Page 29 Secfion 13.1 Grievance Defined Section 13.1.1 Grievance Procedures (Steps) Section 13.1.2 Grievance Arbitration Section 13.1.3 Grievance Conditions and Limitations ARTICLE 14- INSURANCE Page 31 ARTICLE 15-SAVING CLAUSE Page 31 ARTICLE 16- ENTIRE AGREEMENT AND WAIVER CLAUSE Page 31 ARTICLE 17- DURATION AND NEGOTIATIONS Page 32 APPENDIX A-WAGE PLANS Page 33 5 of 35 DEFINITIONS Base pay (or base rate): An employee's base pay (or base rate) is the employee's hourly rate of pay, excluding additional payments such as overtime, longevity, shift premiums, and other wage augments. Regular rate: The term regular rate shall have the same meaning as "regular rate" as defined by the FLSA. (In other words, an employee's regular rate is an employee's base pay plus certatn wage augments as provided for under applicable federal law). The regular rate includes all remuneration for employment except certain payments excluded by the Fair Labor Standards Act itself. Payments which are not part of the regular rate include pay for expenses incurred on the employer's behalf, premium payments for overtime work or the true premiums paid for work on Saturdays, Sundays, and holidays, discretionary bonuses, gifts, and payments in the nature of gifts on special occasions, and payments for occasional periods when no work is performed due to vacation, holidays, or illness. 6 of 35 AGREEMENT This Agreement is made and entered into between The City of Dubuque (hereinafter referred to as the "City") and The Dubuque Professional Firefighters Association, Local 25 (hereinafter referred to as the "Union") PREAMBLE It is the intent and purpose of this Agreement in line with public employment policy to promote a harmonious and cooperative relationship between government and its employees by permitting public employees to organize and bargain collectively; to protect the citizens of the state by assuring effective and orderly operations of government in providing for their health, safety, and welfare; to prohibit and prevent all strikes by public employees; and to protect the rights of public employees to join or refuse to join, and to participate in or refuse to participate in, employee organizafions. It is also the intent to negotiate in good faith with respect to wages, hours, vacafions, insurance, holidays, leaves of absence, shift differentials, overtime compensation, supplemental pay, seniority, transfer procedures,job classifications, health and safety matters, evaluation procedures, procedures for staff reduction, in-service training, grievance procedures for resolving any questions arising under this Agreement, and other matters mutually agreed upon. 7 of 35 ARTICLE 1- RECOGNITION AND REPRESENTATION Section 1.1 Recognition The City recognizes The Dubuque Professional Firefighters Association Local 25 as certified by the Public Employment Relations Board Case Number 520 dated December 10th, 1975, as the exclusive bargaining representative for the following employees of the City of Dubuque: Firefighter, Fire Equipment Operator, Medical OfFicer, Fire Lieutenant, Fire Captain. ARTICLE 2- EMPLOYER/ EMPLOYEE RIGHTS Section 2.1 Public Employer Rights (City) The City shall have, in addition to all powers, duties, and rights established by constitutional provision, statute, ordinance, charter, or special act, the exclusive power, duty, ar�d right to: Direct the work of its public employees; Hire, evaluate, promote, demote, transfer, assign, and retain public employees in positions within the public agency; Suspend or discharge public employees for proper cause; Maintain the efficiency of governmental operafions; Relieve public employees from duties because of lack of work or for other legitimate reasons; Determine and implement methods, means, assignments, and personnel by which the public employer's operations are to be conducted; take such actions as may be necessary to carry out the mission of the public employer; initiate, prepare, certify, and administer its budget; exercise all powers and duties granted to the public employer by law. Section 2.2 Public Employee Rights (Union) The Union shall have the right to: Organize, or form,join, or assist any employee organization; Negotiate collectively through representatives of their own choosing; Engage in other concerted activities for the purposes of collective bargaining or other mutual aid or protection insofar as any such activity is not prohibited by Chapter 20 Public Employment Relations or any other law of the state; Refuse to join or participate in the activities of employment organizations, including the payment of any dues, fees, or assessments or service fees of any type; exercise any right or seek any remedy provided by law, includFng but not limited to those rights and remedies available under lowa code. 8 of 35 ARTICLE 3- GENERAL CONDITIONS Section 3.1 Fair Representation The Union recognizes its responsibility as a bargaining agent and agrees fairly to represent all employees. Section 3.2 Gender Unless the context in which they are used clearly requires otherwise, words used in this Agreement denoting gender shall be construed to refer to all employees. Section 3.3 Non-Discriminafion There shall be no discrimination, restraint, or coercion by the City or the Union for or against any employee because of inembership or non-membership in the Union. In accordance with applicable Federal and State law, neither the City nor the Union shall discriminate against any employee covered by this Agreement because of age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, or disability. To the extent not prohibited by state laws concerning pension, disability, and/or civil service and with the understanding that this bargaining unit includes emergency service personnel required to meet certain physical standards. Complaints involving an allegation of discrimination may be filed with the appropriate agency but shall not be a proper subject for the grievance procedure of this Agreement or lowa Code Chapter 400. Nothing in this section shall iimit an individual's ability to utilize the appeals procedures available to them as set forth in the grievance procedure and/or Chapter 400 related to any disciplinary action taken pursuant to a complaint involving an allegation of discrimination. Section 3.4 No Strike It shall be unlawful for any public employee or any employee organization, directly or indirectly, to induce, instigate, encourage, authorize, ratify, or participate in a strike against any public employer. It shall be unlawful for any public employer to authorize, consent to, or condone, a strike; or to pay or agree to pay any public employee for any day in which the employee participates in a strike; or to pay or agree to pay any increase in compensation or benefits to any public employee in response to or as a result of any strike or any act which violates the first paragraph of this section �3.4). Any other provisions as stipulated in the Public Employment Relations Act, Chapter 20, Code of lowa, shall be applicable. 9 of 35 Section 3.5 No Lock Out The City and Union shall abide by applicable State law with respect to strikes and lockouts. The City will not lock out any employee during the term of this Agreement as a result of a labor dispute with the Union. Section 3.6 Personnel Files Under the supervision of the Human Resources Office, employees shall have free access to their personnel files maintained by the Human Resources Office. Under the supervision of an administrative chief ofFicer, employees shall have free access to their personnel files maintained by the fire department. Section 3.7 Formal Discipline Expungement from Employee Personnel Files Personnel records will only be reviewed for expungement upon written request of the affected employee. The written request will be in letter format with a date and subject which includes details of the request and a signature from the requesting employee. Any finding or sustained allegation of serious misconduct involving excessive or aggressive acfions, as determined by the Fire Chief or designee, may not eligible under this provision and may be weighed in future disciplinary proceedings to determine credibility and the appropriate penalty of future progressive discipline. This request does not apply to supervisory records maintained separate of the personnel files. A written reprimand may be requested to be removed after two years (from date of discipline notice)with no additional incidents requiring further discipline. A suspension may be requested to be removed after three years (from date of discipline notice) with no additional incidents requiring further discipline. Disagreements in interpretation and application may be presented to the Human Resources Director for evaluation and disposition. Section 3.8 Representatives and Negotiating Committee The Union shall provide the City with a list of representatives (union stewards and executive board) by name and position. Changes to thfs list shall be furnished to the City promptly. The City will reference this list when conducting ofFicial business between the Union and City in order to confirm representafion on behalf of the Union. Individuals not listed will not be able to represent on behalf of the Union until properly documented. Members of the Negotiating Committee shall be paid their base rate of pay when they parficipate in negotiating meetings during their regularly scheduled workday. The number of employees eligible for payment shall be limited to four (4). No payment shall be made to any employee who negotiates outside of their regular work schedule. 10 of 35 Section 3.9 Bulletin Boards The City shall provide a space on bulletin boards or allow the Union to maintain their own bulletin boards, at all fire stations, for the posting of Union notices on elections, appointments, meefings, recreational, and social affairs. Prior to the posting of any other notice, said notice must be authorized by the Union President and shall be submitted to the Fire Chief, or their designated representative, who shall approve or disapprove the posting of said notice. Section 3.10 Contract Accessibility The final and approved Collective Bargaining Agreement (contract) will be maintained for reference on the city website and accessible by employees on the Public Employment Relations Board (PERB) website. Section 3.11 Labor Management Meetings The City and Union mutually agree that in the interest of efficient management and harmonious employee relations, it is desirable that meetings be held when mutually agreed to in advance between Union representatives and representatives of the City. Such meetings should be requested in advance by either party by placing in writing a request'to the other for a "Labor- Management Meeting" and expressly providing the agenda for such a meeting. The other side may then add to the agenda and return the amended agenda to the other side. The meetings and locations for meetings shall be mutually agreed upon. The purpose of such meetings will be limited to discussions concerning: ❖ The implementation and the general administration of this Agreement. ❖ A sharing of general information of interest to the parties. ❖ Changes in non-mandatory subjects of bargaining. It is understood and agreed that labor management meetings shall exclude grievance procedures. Grievances shall not be considered at a labor management meeting, nor shall negotiations for the purpose of altering the terms of this Agreement be carried out at such meetings. The meetings listed above should be conducted separate of the labor management meeting. Attendance at a labor management meeting should be limited to five (5) Union employees (selected by the union president) and five (5) City employees (selected by the Fire Chief), unless both pariies mutually agree on the number of attendees. No bargaining unit employee attending such a meeting during their non-work time shall be compensated by the City, nor shall any bargaining unit employee attending such a meeting during their working hours suffer any loss in compensation. 11 of 35 ARTICLE 4- HOURS Section 4.1 Hours Defined The hours of work for employees assigned to Fire Protection Personnel shall be twenty-four (24) hour days for an average of a fifty-six (56) hour week and a 27-day work period as defined by the Fair Labor Standards Act. Section 4.2 Hours of Work Three (3) platoons shall work an average of fifty-six (56) hours per week in the following fashion: Each shift shall work three (3) alternating twenty-four (24) hour days followed by ninety-six (96) hours off duty. Section 4.3 Exchanging Work Shifts The City may permit employees to exchange shifts provided: ❖ The substitution does not impose any additional cost to the city. ❖ The city is not held responsible for enforcing any Agreement between the employees. •3 The exchange is not for the purpose of engaging in outside employment. ❖ The Fire Chief and officers in charge of the respective shifts approve the exchange. ❖ An employee who has been denied a request to exchange a work shift may request from the Fire Chief a written explanation as to the reason(s) for denial. ❖ Denial of a request or the reasons for denial shall not be subject to Step 3 of the grievance procedure of this Agreement. ARTICLE 5—WAGES/ OVERTIME Section 5.1 Wage Plan Employees shall be paid pursuant to appendix A of this Agreement outlining the wage plan which represents the base pay for positions covered by this Agreement. Section 5.2 Step Progression Generally, the minimum pay step in the salary range established for a position shall be applicable upon appointment to a position in the bargaining unit. Upon promotion, an employee shall be placed in the first step of the salary range established for the position, except in cases where the increase to the first step would be less than a one [1] step increase. Under such circumstances the promoted employee shall be placed in a step in the new salary range that would provide at least a one [1] step increase. An employee who consistently meets and exceeds performance standards established for a position is eligible for a one [1] step performance advancement. Employees are eligible for 12 of 35 performance advancements at twelve [12] month intervals until they obtain the maximum step in the salary range established for that position. Section 5.3 Overtime One and one-half(1 %) times the employee's regular rate of pay shall be paid for all hours worked in excess of an employee's regular work schedule. The regular rate of pay for employees assigned to a fifty-six (56) hour work week shall be based on two thousand nine hundred twelve (2,912) hours per year. Overtime shall not be voiuntary. The decision and reasons therefore of the Fire Chief or designee to require an employee to report for overfime work shall not be a proper subject for the grievance procedure of this Agreement or the appeal procedure set forth in Chapter 400, Code of lowa. Compensation shall not be paid more than once for the same hours of work under any provisions of this article or Agreement. Section 5.4 Special Event Staffing Any assignment that is a result of special events will be filled through a Special Event Staffing process. Changes to the distribufion process of Special Event staffing shall be mutually agreed upon by labor and management. It is understood that the Fire Chief or designee shall reserve the right to determine the number and qualifications of the employees needed for each event. Section 5.5 Recall/Call Back An employee, having left the premises after a regular shift, and recalled for additional work shall receive not less than two (2) hours at one and a half times their regular rate of pay beginning when the employee arrives at the designated work location. Employees should generally be able to report within 30 minutes of notification for emergency callback. When such work merges with the employee's regular day, this provision does not apply. Section 5.6 Paydays Payday shall be every other Friday. If the payday is an observed holiday, the payday shall be the day before the holiday. ARTICLE 6- SUPPLEMENTAL PAY Secfion 6.1 Fair Labor Standards Act (FLSA) Overtime and Compensatory Time The definition of compensable hours of work shall be the definition contained in the Fair Labor Standards Act. Effective December 1, 2024, an employee shall have the option of receiving compensatory time in lieu of overtime pay for all hours worked in excess of 212 hours in a 27- day work period. Employees shall declare their intention to receive compensatory time in lieu of 13 of 35 pay by December 1st each year for the following calendar year. Employees shall not be allowed to change their decision to receive either pay or compensatory time until December 1st of the following year for compensation in the following year. Employees who elect to receive pay for compensable hours worked will be compensated according to FLSA guidelines. Employees who elect to receive compensatory time in lieu of pay, shall earn twelve (12) hours of compensatory time when the employee is present for duty for all of their assigned shifts within the twenty-seven-day work period, as defined by the Fair Labor Standards Act (FLSA). The compensatory fime shall be accumulated throughout the calendar year and after vacations are selected for the upcoming calendar year, employees will take compensatory fime off in twenty-four-hour periods for the remaining days available on their respective shifts. Selection of compensatory time off shall be made in the same manner as vacation selection. Upon approval of the Fire Chief or their designee, after selections are made, employees will be allowed to move a compensatory day to another open vacation slot or trade compensatory days with another employee. Upon termination, retirement, or separation from employment for any other reason, unused compensatory time shall be paid out at one-half(%z) the regular rate of pay. Carryover of compensatory time from calendar year to calendar year shall be limited to twenty-four (24) hours of compensatory time. If an employee is unable to use any or all their compensatory time because of illness, injury, or other unforeseen circumstance, the City shall have the option of paying off the employee's earned compensatory time at half the employee's base or allowing the employee to carry over the unused balance to the next calendar year. Section 6.2 Longevity Longevity pay shall mean a percentage of salary based on the length of continuous service paid each payday to employees in addition to their base pay. Regular employees performing satisfactorily for a continuous period of five (5) years shall be advanced in pay on their anniversary date of hire by one percent (1%) of their base pay. After ten (10) years of continuous service, incumbents shall be advanced in pay by two percent (2%) of their base pay. After fifteen (15) years of continuous service, incumbents shall be advanced in pay by three percent (3%) of their base pay. After twenty (20)years of continuous service, incumbents shall be advanced in pay by four percent (4%) of their base pay. After twenty-five (25) years of service, incumbents shall be advanced in pay by seven percent (7%) of their base pay. 14 of 35 Continuous service shall mean service with the City uninterrupted by resignation, discharge, or personal leave of absence without pay exceeding sixty (60) days in the preceding twelve (12) months. Section 6.3 Certification Pay Employees in the classificafion of Firefighter, Fire Equipment Operator, Lieutenant, and Captain who are certified in any of the following categories shall receive payment in accordance with the following schedule: Emergency Medical Technician - lowa $20.00 per month Advanced Emergency Medical Technician -lowa $40.00 per month Paramedic - lowa $105.00 per month Payment for EMS cerdfication shall not be cumulative. Payment for EMS certification shall commence at the beginning of the first pay period following receipt of the state certification card. In the event the City discontinues EMS service, the terms of this section shall become null and void on the date EMS service is discontinued. Section 6.4 Education Pay Effective the first full pay period of Juiy 1St, 2025, employees who possess an associate degree, or higher degree, from a regionally accredited college or university shall receive payment in the amount of$105 per month or one- and one-half percent (1.5%) of their base wage, whichever is greater. Employees who possess a bachelor's degree in fire service or synonymous field of study from a regionally accredited college or university shall receive two percent (2%) of their base wage. Employees who possess a master's degree in fire service or synonymous field of study from a regionally accredited college or university shall receive three percent (3%) of their base wage. Employees must provide a certified transcript from the college or university to the Fire Chief or designee to verify eligibility. Education pay shall not be cumulative. Education pay shall commence at the beginning of the first pay period following eligibility confirmation. Employees who hold designation with the Center for Public Safety Excellence (CPSE) will receive one percent (1%) of their base rate of pay. Payment for (CPSE) designation shall commence at 15 of 35 the beginning of the first pay period following achievement of the designation. This designafion may be compounded with the above education pays. Section 6.5 Temporary Assignment Pay(Acting Up from Position or Grade) Effective July 15t, 2024, an employee shall receive a shift premium of the amount equal to the step 1 hourly base rate of the captain rank in the corresponding year's wage table for each full workday (24 consecutive work hours) in which they are temporarily assigned to work in a higher job classification. Section 6.6 Uniforms The City will purchase and maintain dress coats and hats in assorted sizes. These coats and hats will be the property of the City of Dubuque and will be worn by the employees when the need arises. Upon hire, each firefighter shall be provided with properly sized and fitted NFPA compliant firefighter gear, including, but not limited to, a turnout coat, turnout pants, two (2) protective fire hoods, fire helmet, fire boots, two (2) pair of fire gloves, and appropriate eye and ear protection. In addition to firefighting gear, each firefighter shall receive a set of properly sized uniforms consisting of three pairs of uniform pants, three button up uniform shirts (one long sleeve), three uniform polos, and one uniform work jacket/outerwear. After the first year of service employees will receive a seven hundred dollar ($700) yearly allowance for maintenance and replacement of the uniform. The uniform allowance will be paid in December of each year. Section 6.7 Bilingual Pay Each full-time employee who is recognized as proficient in a second language (to include sign language) as determined by the Fire Chief or designee, shall receive additional compensation of $500 per year prorated over 26 pay periods. ARTICLE 7- LEAVE Section 7.1 Vacadon A new employee with a start date between January 15t and April 30th shall accrue three (3) working days of vacation leave available for use the following calendar year. A new employee with a start date between May 15t and July 315Y shall accrue two (2)working days of vacation leave available for use the following calendar year. 16 of 35 A new employee with a start date between August 15t and December 315t shall accrue one (1) working day of vacation leave available for use the following calendar year. When an employee working a fifty-six [56] hour work week schedule has one [1] year or more of seniority, the employee shall accrue three [3] working days of vacation leave available for use the following calendar year. When an employee has completed three [3] years or more of seniority the employee shall accrue six [6] working days of vacation leave available for use the following calendar year. When an employee has completed seven [7] years or more of seniority the employee shall accrue eight [8] working days of vacation leave available for use the following calendar year. When an employee has completed fourteen [14] years or more of seniority the employee shall accrue ten [10] working days of vacation leave available for use the following calendar year. When an employee has completed twenty-one [21] years or more of seniority the employee shall be eligible to accrue twelve [12] working days of vacation leave available for use the following calendar year. One (1) working day for a shift employee shall equal 24 consecutive shift hours. It is agreed that vacations are earned during the year of service preceding that year in which the vacation is taken. An employee who is on approved leave of absence due to injury or illness, not service connected, shall continue to accrue vacation credit for a period not to exceed sixty [60] calendar days following the month of injury or illness. The vacation anniversary date of an employee shall be the same as the seniority date of the employee. Vacation time is not accumulated from year to year. Employees who have completed twelve [12] months or more of continuous service and who are laid-off, resign, or enter military service (provided the City is given two [2] weeks' (14 calendar days) notice in the event of a resignation or a military leave of absence) shall receive vacation pay prorated to the last day worked. An employee who has incurred an injury on duty just before their vacation and is unable to return to work until after their regularly scheduled vacation period shall be eligible to have their vacation period rescheduled at a time designated by the Fire Chief. The Fire Chief shall approve all vacations and the number of employees allowed off at any one 17 of 35 time shall be at the sole discretion of the Fire Chief. Denial of a requested date for vacation or the reason[s] therefore shall not be a proper subject for Step 3 of the grievance procedure of this Agreement or the appeal procedure set forth in Chapter 400, Code of lowa. Section 7.2 Sick Leave It is the purpose of this sick leave provision to protect the employee from financial loss during an absence from work on account of illness or injury. Employees shall be granted sick leave with pay for any of the following reasons: ❖ Personal injury or illness of an employee not incurred on the job which renders the employee unable to perform the duties of their position. ❖ Personal illness or injury of an employee's immediate family member (spouse, children, employee's dependent stepchildren, parents, stepparents, and grandchildren) ❖ Emergency medical and dental appointments. ❖ Enforced medical quarantine ofthe employee. ❖ Routine appointments shall be scheduled during off duty times. With the intent to prevent unjust enrichment, an employee who incurs an injury or illness while engaged by another employer or doing contract work for pay shall not be entitled to sick leave benefits. Sick leave shall be administered as follows: Except as otherwise provided in this secdon, all absences from work chargeable to sick leave shall be reported to the Division Chief, or designee at least thirty [30] minutes prior to the start of work on the day of absence. Failure to do so may result in disciplinary action. It is the responsibility of the employee to keep their supervisor informed each workday of absence chargeable to sick leave, except and unless the employee presents a certificate signed by a licensed healthcare provider which states that the employee will be incapacitated for work for a specified period of time. The City reserves the right at any time to require proof of illness or injury. Proof of illness or injury shall include, but is not limited to, a certificate signed by a licensed healthcare provider which states they were evaluated and cleared for return to work and the employee was unable to work for the period of their absence. The statement shall also indicate that the employee is physically able to perform the essential functions of their position. Failure to provide a licensed healthcare provider certificate containing the above information may result in disciplinary action. The cost of said certificate shall be borne by the employee. The City may require at any time a medical examinadon, performed by a physician selected by the City, to determine the eligibility of an employee to remain on sick leave or return to work or when, in the judgment of the City, an employee's condition is adversely affecting their ability to perform the essential functions of their position, or is endangering the employee's health and 18 of 35 safety and/or the health and safety of others. Failure of an employee to submit to a medical examination shall be cause for disciplinary action. Said examination shall be paid by the City. Abuse of sick leave or fraudulent use of sick leave shall be cause for disciplinary action. Except as otherwise provided in this section, employees shall accrue sick leave at the rate of 5.5384 hours bi-weekly for employees working a fifty-six [56] hour work week. Employees shall start to accrue sick leave from their date of appointment to a full-time position and shall be eligible for sick leave after thirty [30] days of continuous service. Sick leave shall be paid to employees at their base rate of pay, plus longevity. It is understood that sick leave shall not be paid to employees who are on their regular day off. Employees who are on leave due to a non-job-related injury or illness shall accrue sick leave for a period not to exceed sixty [60] calendar days following the date of injury or illness. Accrual of sick leave shall terminate upon discharge, resignation, retirement, lay-off or death of the employee. Any unused portion of sick leave shall accumulate from fiscal year to fiscal year to a maximum of 1440 total hours for 56-hour employees. Secfion 7.2.1 Sick Leave Max Accrual Payout Each pay period an employee will be paid at their base rate of pay, plus longevity, for fifty percent (SO%o) of their sick leave accrued above the maximum accrual of one thousand four hundred and forty (1440) hours of sick leave. Section 7.2.2 Sick leave Retirement Payout Qualified employees shall be paid 100% of accrued, unused sick leave at retirement. Payment will be based on the employee's base pay at retirement. Payment will be made bi-weekly over a five-year period. For a retiring employee to be eligible for such payment, they shall have completed twenty (20) years of continuous service in a full-time position or retired as a result of a disability and must be eligible for pension payments from the Municipal Fire and Police Retirement System of lowa Pension System immediately upon retirement. Payment will be made over a five-year period, except where the payout amount is equal to or less than $1310.00, in which case payment will be made in a lump sum at the next regular pay date after the employee's last date of employment. In the event a retired employee dies before all the unused sick leave is paid, such payment will cease at the time of the retired employee's death. The base pay for employees assigned to a fifty-six (56) hour work week shall be based on two thousand nine hundred twelve (2,912) hours per year. 19 of 35 Section 7.3 Personal Day To afford employees two (2) days with pay, to be scheduled by the Fire Chief or designee. Approving or disapproving the employee's requested date for personal days will be at the sole discretion of the Fire Chief or authorized representative. The Union recognizes that approval or disapproval of a specific day must consider the efFicient level of service due to the public. The two (2) personal days with pay must be requested, scheduled, and approved by the Fire Chief within the contract period each year. A new employee must have worked at least four [4] full calendar months of the probationary period before December 15 to be eligible for personal days in the contract period. In the event an emergency arises while an employee is on vacation, and such employee has not used the personal days, upon written or telephone request and approval, the personal days may be used to extend the vacation period one [1] day. Under no circumstances will pay be requested or approved in lieu of the personal day off with pay. One day shall equal twenty-four (24) consecutive hours. Seciion 7.4 Bereavement Leave Fire department shift employees with 30 days or more of continuous service may take up to 3 shift days of paid bereavement leave at their regular rate of pay, upon the death of a member of their immediate family. "Immediate family members" for the purposes of bereavement leave are defined as an employee's spouse, domestic partner, parents, stepparents, siblings, children, stepchildren, grandparent, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, or grandchild. Fire department shift employees may take up to one (1) shift day (24-hours) off at their regular rate of pay to attend the memorial service of an extended family member(aunts, uncles, nieces, nephews, and cousins) when the memorial service falls on the employees shift day. The City may require verification of the need for the leave. The Fire Chief or their designee will consider this time off on a case-by-case basis. Time off granted in accordance with this policy shall not be credited as time worked for the purpose of computing overtime. The Fire Chief or designee may permit employees to use accrued sick or vacation time to suppiement bereavement leave in consideration of the circumstances for which bereavement leave is needed. Special Provision: 20 of 35 It is recognized that a death of a person other than the relationships listed above could warrant consideration for some paid bereavement leave. In this event, the employee should make the situation known to the Fire Chief or their designee. The Fire Chief may exercise administrative approval consistent with the intent of this bereavement leave provision. The Fire Chief will document administrative approval by written notice to Human Resources. Section 7.5 Paid Parental Leave An employee may use up to 12 weeks of paid parental leave following the birth of a child or the placement of a child with an employee in connection with adoption or foster to adopt care. The purpose of paid parental leave is to enable the employee to care for and bond with a newborn or a newly adopted or newly placed to adopt child. This policy will run cancurrently with Family and Medical Leave Act (FMLA) leave, as applicable. Section 7.5.1 Eligibility Eligible employees must meet the following criteria: ❖ Have been employed with the City of Dubuque for at least 12 months (the 12 months do not need to be consecutive). ❖ Have worked at least 1,250 hours during the 12 consecutive months immediately preceding the date the leave would begin. ❖ Be a full -time, regular employee. (Part-time, temporary, or seasonal employees and interns are not eligible for this benefit). In addition, employees must meet one of the following criteria: ❖ Have given birth to a child. ❖ Be a spouse or committed partner of a woman who has given birth to a child. ❖ Have adopted a child or been placed with a foster-to-adopt child (in either case, the child must be age 17 or younger). The adoption of a new spouse's child is excluded from this policy. Section 7.5.2 Amount,Time Frame and Duration of Paid Parental Leave Eligible fire department employees will receive a maximum of twelve weeks of paid parental leave per birth, adoption, or placement of a child/children. The fact that a multiple birth, adoption, or placement occurs (e.g., the birth of twins or adoption of siblings) does not increase the up to twelve-week total amount of paid parental leave granted for that event. In addition, in no case will an employee receive more than twelve weeks of paid parental leave in a rolling 12- month period, regardless of whether more than one birth, adoption or foster-to-adopt care placement event occurs within that 12-month time frame. Each week of paid parental ieave is compensated at 100 percent of the employee's base pay. 21 of 35 Paid parental leave will be paid on a biweekly basis on regularly scheduled pay dates. Approved paid parental leave may be taken at any time during the twelve-month period immediately following the birth, adoption, or placement of a child with the employee. Paid parental leave may not be used or extended beyond this twelve-month time frame. In the event of a female employee who herself/themself has given birth;the twelve weeks of paid parental leave will commence at the conclusion of any short-term disability leave/benefit provided to the employee for the employee's own medical recovery following childbirth. Employees must take paid parental leave in one continuous period of leave and must use all paid parental leave during twelve-month time frame indicated above. Any unused paid parental leave will be forfeited at the end of the twelve-month time frame. Upon termination of the individual's employment at the City, the employee will not be paid for any unused paid parental leave for which the employee was eligible. Section 7.5.3 Coordination with Other Policies Paid parental leave taken under this policy will run concurrently with leave under the FMLA; thus, any leave taken under this policy that falls under the definition of circumstances qualifying for leave due to the birth or placement of a child due to adoption or foster to adopt, the leave will be counted toward the 12 weeks of available FMLA leave per a 12-month period. All other requirements and provisions under the FMLA will apply. In no case will the total amount of leave—whether paid or unpaid—granted to the employee under the FMLA exceed 12 weeks during the 12-month FMLA period. After the paid parental leave (and any short-term disability leave for employees giving birth) is exhausted, the balance of FMLA leave (if applicable) will be compensated through employee accrued sick, vacation and personal fime. Upon exhaustion of accrued sick, vacation and personal time, any remaining leave will be unpaid leave. Employees should refer to the Family and Medical Leave Policy for further guidance on the FMLA. The City will maintain all benefits for employees during the paid parental leave period just as if they were taking any other City paid leave such as paid vacation leave or paid sick leave. Section 7.5.4 Requests for Paid Parental Leave The employee will provide the employee's supervisor and the Human Resources Department with nodce of the request for leave at least 30 days prior to the proposed date of the leave (or if the leave was not foreseeable, as soon as possible). The employee must complete the necessary forms and provide all documentation as required by the Human Resources department to substantiate the request. Any exceptions to the paid parental leave provision must be recommended, approved, and granted by the Fire Chief, Chief Human Resources Officer, and City Manager and shall be based 22 of 35 on Operational needs. The organization has the exclusive right to interpret this policy. Parental leave is not considered hours worked. Section 7.6 Disability Relating to Pregnancy Leave Where a leave is not available or a sufficient leave is not available under any health or temporary disability insurance or the sick leave provision, the employee who is disabled due to the employee's pregnancy, childbirth, or related medical conditions, shall be granted up to eight (8) weeks of unpaid leave of absence or the duration of the disability, whichever is less. Sick leave benefits, to the extent of an employee's accumulated sick leave, shall be granted, if requested by the employee, for the period that the employee is disabled because of the employee's pregnancy, childbirth, or related medical condifion. The employee may use other available paid leaves such as vacation, compensatory time or personal day/time or a leave of absence without pay during the period of temporary disability. The employee is responsible for providing timely notice of the period of leave requested. The City reserves the right to request the employee's disability resulting from pregnancy be verified by medical certification stafing that the employee is not able to reasonably perform the essential functions of the employee's position. Section 7.7 Jury Duty The City supports employees in their civic duty to serve on a jury. Employees must present any summons to jury duty or subpoena for a court appearance to their supervisor as soon as possible after receiving the notice to allow advance planning for an employee's absence. Employees required to report for jury duty or court appearance are paid the difference, if any, between the compensation received for jury duty or court appearance and their regular wage for each day of jury duty witness testimony. Mileage and meal allowance received by the employee is not deducted from the employee's regular wage. Normally this is processed by having the employee submit the jury duty or witness compensation, excluding expense reimbursement, to the Finance OfFice in exchange for the employee's regular paycheck. If an employee is released from jury duty or witness appearance, the employee must report to work for the remainder of that workday. Time for appearance in court for personal business will be the individual employee's responsibility. Normally, personal days or vacation days will be used for this purpose. Section 7.8 Leave of Absence Without Pay A leave of absence without pay may be granted by the Fire Chief or designee with the approval of the Human Resources Director and City Manager. An employee desiring a leave of absence without pay must submit a request in writing stating the reason(s) for the desired leave, the date when the leave is to begin, and the date of return to work. Failure to return to work at the end of such leave constitutes a resignation. An employee may be required to take a medical 23 of 35 examination before being allowed to return to work after a leave of absence without pay. An employee granted a leave of absence without pay, upon completion of the leave, will be returned to the same position at the same pay step within the salary range corresponding to the classification occupied at the time the leave began. Except as provided in the Family and Medical Leave Act and military leave, during a leave of absence without pay the employee confinues to accrue seniority, but does not accrue or receive any other privileges, benefits, or pay granted. Disposition of all requests for a leave of absence without pay must be in writing. Section 7.9 Absence Without Leave If an employee is absent from work without proper authorization for part or all of a workday, such absence shall be without pay and shall be grounds for disciplinary action. Absence without authorization for a period of two [2] consecutive workdays shall be regarded as a resignation. Section 7.10 Family and Medical Leave Act FMLA leave as a federal policy applies to all employees of the City both union-represented and non-union represented. The City complies with the federal Family and Medical Leave Act, which requires employers to grant unpaid leaves of absence to qualified workers for certain medical and family-related reasons. Leave under the Family and Medical Leave Act of 1993 "FMLA", or subsequently amended act, shall be governed by the applicable provisions of the City's Employee Policy Manual. ARTICLE 8- HOLIDAY PAY Section 8.1 Holidays Defined The following calendar days of the year shall be considered as holidays insofar as the administration of City business is concerned. When the term "Holiday" is used it shall be construed to mean the following days: New Year's Day January 15t Martin Luther King's Birthday Third Monday in January Memorial Day Last Monday in May Juneteenth June 19tn Independence Day July 4tn Labor Day First Monday in September Veterans Day November 11tn 24 of 35 Thanksgiving Day Fourth Thursday in November Day after Thanksgiving Friday following Thanksgiving Day Christmas Eve December 24tn Christmas Day December 25tn New Year's Eve December 315t Section 8.2 Forfeit of Holiday Pay Premium (bonus) An employee shall forfeit the right to payment for a holiday if scheduled to work the holiday and does not report or if absent from work on the holiday or does not report or is absent from work the day immediately before or the day immediately after the holiday, unless excused by the City for the following reasons: •'• Formal leave of absence. . •'• Job incurred injury. . •'• Bereavement leave. . •'• Subpoena as a witness. ❖ Excused in writing at sole discretion of the Fire Chief: excludes personal day. ❖ Non-job incurred injury or illness of less than two [2] months durafion with proper doctor's documentation. Employees working a fifty-six [56] hour work week and who are eligible to receive holiday pay shall be granted eight [8] hours pay for each holiday in lieu of time off. For purposes of computing holiday (pay), only the hourly rate for employees who work a fifty-six (56) hour work week is computed as follows: annual base salary divided by 2080. ARTICLE 9-SENIORITY Section 9.1 Seniority Defined For purposes of computing benefits, length of continuous service shall relate to an employee's most recent date of employment in a full-time position. For purposes of the Agreement, the term employees shall mean full-time employee. Section 9.1.1 Seniority of Same Day Hires In determining an employee's seniority, the applicable state law shall govern, provided, however, that if more than one (1) person is hired on the same day, each member shall receive 25 of 35 seniority preference based upon their Civil Service written examination score, the higher the score shall indicate the greater seniority. Section 9.1.2 Termination of Seniority An employee's seniority and employment relationship with the City shall be broken and terminated for the following reasons: •'• Resignation . ❖ Discharge ❖ Death •'• Retirement : If, after layoff, the employee fails to report to work within five (5) working days after being notified to report to work. Section 9.2 Probationary Period All employees shall serve a trial period of twelve (12) months. After completing twelve (12) months of continuous service in a full-time position, the employee shall have established seniority and the employee's seniority date shall be retroactive to the most recent date of employment in a full-time position. An employee may be laid off or discharged any time prior to the end of the trial period and such discharge or lay off shall not be subject to the grievance procedure of the Agreement or the appeal procedure set forth in Chapter 400, Code of lowa. The Union shall not assert or present any grievance or appeal on behalf of any employee because of any matter or occurrence whatsoever falling within the trial period. (ref 400.12) Section 9.3 Layoff Layoff and seniority rights for Civil Service employees shall be administered in accordance with Chapter 400, Code of lowa. During layoff, the employee shall not accrue or receive any privileges, benefits or pay granted by this Agreement. In the event it becomes necessary to have a reduction in personnel in the Fire Department, department seniority shall govern layoffs and recalls. The employee lowest on the seniority list shall be the first to be laid off and the last to be recalled. 26 of 35 ARTICLE 10-SHIFT/STATION TRANSFER Section 10.1 Transfer Request Procedures An employee seeking a transfer to another station and/or shift shall file a transfer request with the Fire Chief. Such a request shall be made in writing and specify the station and/or shift to which the transfer is requested. All vacated positions shall be posted for five [5] calendar days in order that employees may request a transfer to fill the posted vacancy. Other vacancies which might arise as a result thereof shall be made available, but only the initial vacancy must be posted. Seniority in the classification will be the principa] factor if more than one transfer bid is submitted for the same vacancy. Approval or disapproval of such a request shall be at the sole discretion of the Fire Chief. An employee who has been denied a request for a transfer may request from the Fire Chief a written explanation, with Human Resource's oversite, as to the reason[s] for denial. Denial of a transfer request or the reason[s] for denial are subject for the grievance procedure except arbitration. ARTICLE 11- SAFETY, HEALTH, and WELLNESS Section 11.1 Joint Labor and Management Health, Safety and Wellness Committees The City and Union will establish and maintain joint safety and health committees to include safety, peer support, and peer fitness. The safety and health committee will provide oversight to the two peer teams. The safety committee members will be appointed from a list of interested members to include a representative from each shift, selected by mutual agreement between labor and management, one member appointed by the Union President and one member appointed by the Fire Chief, and the departments training ofFicer who will also serve as a liaison to the City Safety Committee. Meetings will be held quarterly unless mutually agreed upon. An agenda will be created for each meeting and meeting minutes will be recorded and properly distributed to the membership within a reasonable time. The Fire Chief and Union President will receive regular status reports and serve as ongoing support to the committees. The number of inembers for support teams shall be mutually agreed upon by labor and management. 27 of 35 The safety and health committee may be responsible for a variety of tasks and responsibilities which could include: ❖ Review of accidents/ injuries concerning the Department and make recommendations to preventfuture occurrences. ❖ Developing on-going safety awareness programs. ❖ Researching and reporting on safety topics and trends in the fire service. ❖ Evaluating gear and equipment from a health and safety perspective. ❖ Collect and analyze statistics related to department accidents and injuries. ❖ Provide a review of employee safety concerns. •'• Prepare and submit a budget. ❖ Other responsibilities as determined by the safety committee. Participation in meetings and mandatory training outside of the normal work shift will be, when properly budgeted and approved, compensated at the appropriate rate of pay. Secfion 11.2 72 Hour Rule In order to ensure the safety of personnel and operations, Personnel may not work more than 72 consecutive hours of shift work. This includes, but is not limited to, scheduled shift time, trade time and shift overtime. A minimum 12-hour break is required after working 72 consecutive duty hours. This 72-hour restriction is not intended to prohibit an employee's participation in non- emergency response activities including, but not limited to: ❖ Attendance at, or instruction of, department or city approved classroom training sessions. ❖ Attendance at meetings. ARTICLE 12- EVALUATIONS Section 12.1 Annual Performance Evaluafion Procedures Employees will receive an annual performance evaluation each year. All evaluation reports will be placed in the firefighter's personnel file. The employee has the right to provide a written response to the performance evaluafion report, and such a response shall become part of the performance evaluation report. 28 of 35 ARTICLE 13- GRIEVANCE Section 13.1 Grievance Defined A grievance shall be defined as a dispute or disagreement raised by an employee, or Union, against the City involving the interpretation or application of certain provisions of this Agreement. Matters that have an appeal process provided for under lowa Code Chapter 400- Civil Service Law, unless expressly prohibited by lowa Code Chapter 400 Civil Service law, may use this grievance process. Once a forum is accessed for a matter, that is the exclusive forum for that matter. The City is desirous of obtaining an equitable and prompt adjustment of grievances and grievances shall be settled orally whenever possible between the employee's supervisor and the aggrieved employee. The employee's supervisor shall be notified of the alleged grievance within fourteen (14) calendar days of the date the alleged grievance occurred. Failure of the employee to notify their supervisor within fourteen (14) calendar days of the date the alleged grievance occurred shall constitute a withdrawal of the grievance. No grievance shall be construed as a continuing grievance. The City shall not be obligated to accept a written grievance until such grievance has been discussed orally with the aggrieved employee and their supervisor. Employees shall have the right to representation at any step of the grievance procedure. Section 13.1.1 Grievance Procedures (Steps) ❖ Step 1 If the outcome of the oral discussion is not satisfactory to the employee, the employee may submit a written statement of the grievance to the Fire Chief within seven (7) calendar days after receipt of the oral response. The Fire Chief shall respond in writing within seven (7) calendar days after receipt of the written grievance. A designee may be identified to fulfill the requirements of step 1 upon mutual agreement. ❖ Step 2 If the grievance remains unsolved on the basis of the decision of the Fire Chief, the employee may present the grievance in writing to the City Manager, together with a copy of the reply from the Fire Chief, within seven (7) calendar days after the Fire Chief's response is due. The City Manager, or designated representative, shall convene a hearing within fourteen (14) calendar days following receipt of the appeal. The employee and their representative and representatives selected by the City shall have the right to present information necessary to assist the City Manager, or designated representative, in reaching a decision on the grievance. A decision shall be issued within fifteen [15] calendar days following completion of the hearing. 29 of 35 ❖ Step 3 If the grievance is not settled in step 2, within twenty [20] calendar days after receiving the City's written answer or within twenty (20) calendar days after the time in which a written decision is to be issued has lapsed without notice of an extension from the City Manager or designee, either party may submit the grievance to arbitration. The invoking of arbitrafion by the Union shall require approval of the Union and approval of the aggrieved employee. Section 13.1.2 Grievance Arbitration The parties shall attempt to select an arbitrator as soon as practical after receipt of a request for arbitration. If the parties do not agree upon the selection of an arbitrator within fourteen (14) calendar days after receipt of the request for arbitration, the Federal Mediation and Conciliation service, or other mutually agreed upon services, shall be requested to furnish a list of five [5] arbitrators. A flip of the coin shall determine which party shall be the first to strike a name on the list. The other party shall then strike one [1] name. The process shall be repeated, and the remaining person shall be the arbitrator. The decision of the arbitrator, within the scope of their authority, shall be final and binding on both parties to this Agreement. The arbitrator shall not have the power to add to, subtract from, or change any of the provisions of this Agreement. Nor shall they have authority to rule on matters of law or to render any decision which conflicts with any law, rule, or reguladon bindi�g upon the City. The fees and expenses of the arbitrator shall be shared equally by the City and the Union. However, each party shall be responsible for compensating their own witnesses and representatives as well as paying for transcripts of the proceedings. Awards shall not be retroactive beyond the date of the occurrence. Seciion 13.1.3 Grievance Conditions and Limitations Union representatives, when processing step 1 and step 2 of the grievance procedure shall be permitted to leave work after receiving approval from their supervisor and shall suffer no loss of their base pay but shall not be eligible for overtime pay or any other type of premium pay. The city shall not be responsible for paying an employee as a result of their participation in arbitration or Civil Service Proceedings. The time specified for each step of the grievance procedure may be extended by mutual agreement. If an answer to a grievance is not given to the employee by the City within any of the time limits specified in this Article, the grievance may be appealed to the next step of the grievance procedure. Any actions submitted to PERB must occur within 14 calendar days. Failure of the employee or the Union to comply with any time limitations shall constitute a withdrawal of the grievance. 30 of 35 ARTICLE 14- INSURANCE Employees shall pay 15%of the cost of the premium established for the health and prescription drug insurance plan for which the employee is enrolled. The premium for the health and prescription drug insurance plan shall be the premium established for refirees and COBRA enrollees The City agrees to offer or make available a health insurance plan with health and prescription drug coverage for eligible employees. The health and prescription drug insurance plan designees are contained within the relevant Summary Plan Description (SPD) and/or Summary of Benefit Coverages (SBC). Any plan design modifications will be communicated to employees with reasonable notice. ARTICLE 15-SAVING CLAUSE Should any article, section, or portion thereof of this Agreement be restrained or held unlawful and unenforceable by any court of competent jurisdiction, such decision of the court shall apply only to the specified article, section or poriion thereof restrained or declared null and void in the decision and the remainder of this Agreement shall remain in full force and effect. ARTICLE 16- ENTIRE AGREEMENT AND WAIVER CLAUSE This Agreement supersedes and cancels all previous Agreements between the City and the Union and constitutes the entire Agreement between the parties and concludes collective bargaining for its term. The parties acknowledge that during 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 not removed by law from the area of collective bargaining, and that the Agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. 31 of 35 ARTICLE 17- DURATION AND NEGOTIATIONS The Agreement shall be effective as of the first (I") day of July 2024 and shall remain in full force and effect through the thirtieth (301h) day of June 2027. Negotiations for a succeeding Agreement to become effective on July 1, 2027, shall begin after August 15, 2026, but not later than October 15, 2026. Dubuque Professional Firefighters Association, Local 25 Presiden4Fit;�� ick Z4�a /01 Vice Presiden Michael Lynch W� 2"d Vice President William Sullivan Secretary Dale Rader Vvs*n Q/.' t w�-z -----mmittee Member Jason Lueken City of Dubuque, Iowa City Manager Michael Van Milligen Chief Human ResourcesP+r Shelley Stickfort 'A sc'�� Fire Chief Amy Scheller Assistant Chief Kevin Esser Assistant Chief Joshua Knepper Signed this ( day of 2024 ATTEST: a2'c�'� 474A�l Adrienne Breitfelder, City Clerk 32 of 35 APPENDIX A.1 Wage Plan July 1,2024(FY25) FIREFIGHTER Start Step1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 $65,432.64 $80,575.04 $22.47 $23.06 $23.63 $24.22 $25.07 $25.70 $26.34 $27.00 $27.67 FIRE EQUIPMENT OPERATOR Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 $73,032.96 $84,710.08 $25.08 $25.71 $26.35 $27.01 $27.69 $28.38 $29.09 MEDICAL OFFICER Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 $75,158.72 $85,263.36 $25.81 $26.42 $27.21 $27.86 $28.56 $29.28 LIEUTENANT Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 $78,158.08 $92,776.32 $26.84 $27.51 $28.16 $28.87 $29.59 $30.33 $31.09 $31.86 CAPTAIN Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 $81,710.72 $96,765.76 $28.06 $28.73 $29.37 $30.10 $30.86 $31.63 $32.42 $33.23 33 of 35 APPENDIX A.2 Wage Plan luty 1,2025(FY26) FIREFIGHTER Start Step1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 $67,733.12 $83,399.68 $23.26 $23.86 $24.46 $25.07 $25.95 $26.60 $27.26 $27.94 $28.64 FIRE EQUIPMENT OPERATOR Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 $75,595.52 $87,680.32 $25.96 $26.61 $27.28 $27.96 $28.66 , $29.37 $30.11 MEDICAL OFFICER Step 1 Step 2 Step 3 Step 4 $83,982.08 $90,446.72 $28.84 $29.56 � $30.30 $31.06 LIEUTENANT Step 1 Step 2 Step 3 Step 4 � Step 5 $87,010.56 $96,037.76 $29.88 $30.63 $31.39 $32.18 $32.98 CAPTA N Step 1 Step 2 Step 3 Step 4 Step 5 $95,309.76 $105,210.56 $32.73 $33.55 $34.39 $35.25 $36.13 34 of 35 APPENDIX A.3 Wage Plan July 1,2026(FY27) FIREFIGHTER Start Step1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 $70,441.28 $86,748.48 $24.19 $24.82 $25.44 $26.07 $26.99 $27.66 $28.35 $29.06 $29.79 FIRE EQUIPMENT OPERATOR Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 $78,624.00 $91,174.72 $27.00 $27.67 $28.37 $29.08 $29.80 $30.55 $31.31 MEDICAL OFFICER Step 1 Step 2 Step 3 Step 4 $87,330.88 $94,057.60 $29.99 $30.74 $31.51 $32.30 LIEUTENANT Step 1 Step 2 Step 3 Step 4 Step 5 $90,475.84 $99,881.60 $31.07 $31.85 $32.65 $33.46 $34.30 CAPTAIN Step 1 Step 2 Step 3 Step 4 Step 5 $99,124.48 $109,432.96 $34.04 $34.89 $35.77 $36.66 $37.58 35 of 35