Collective Bargaining Agreement_Firefighters Local 353THE CTTY OP Dubuque
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Masterpiece on the Mississippi
2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Collective Bargaining Agreement between the City of Dubuque and the
Dubuque Professional Firefighters Association, Local #353
DATE: January 25, 2009
Personnel Manager Randy Peck is recommending approval of a two-year collective
bargaining agreement with the Dubuque Professional Firefighters Association, Local
#353.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
L~
Mic ael C. Van illigen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Randy Peck, Personnel Manager
THE CITY QF Dubuque
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Masterpiece cn the Mississippi ''
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2007
TO: Michael C. Van Milligen, City Manager
FROM: Randy Peck, Personnel Manager
SUBJECT: Collective Bargaining Agreement between the City of Dubuque and the
Dubuque Professional Firefighters Association, Local #353
DATE: January 23, 2009
We have reached a two year agreement with the Dubuque Professional Firefighters
Association, Local #353 for the contract period beginning July 1, 2009. The changes to
the agreement are as follows:
July 1.2009
Article 12, Wage Plan
Effective July 1, 2009, through June 30, 2010, the wage plan in effect on June
30, 2009, shall be increased by 3.5% across the board.
Article 19, Uniforms
Increase the uniform allowance from $460 per year to $550 per year.
Article 26, Sick Leave
Delete the existing language of section 2, which reads as follows:
"Life threatening illness or serious injury of an emergency nature of
members of the employee's immediate family provided the family member
is a legal dependent of the employee. Said absence is limited to the
duration of the emergency and shall be approved by the Fire Chief."
Add the following language to section 2:
"Illness or injury of a member of the employee's immediate family provided
the family member resides at the employee's residence. Up to forty-eight
(48) hours of sick leave per employee per fiscal year may be granted for
this purpose."
July 1.2010
Article 12, Wage Plan
Effective July 1, 2010, through June 30, 2011, the wage plan in effect on June
30, 2010, shall be increased by 3.5% across the board.
The wage increase effective on July 1, 2009 is consistent with the wage increase to be
received by employees represented by the International Union of Operating Engineers,
Local No. 758. The wage increases effective on July 1, 2009 and July 1, 2010 are
consistent with the wage increases to be received by employees represented by the
Dubuque Police Protective Association, and the Teamsters Local Union No. 120. The
Agreement is also consistent with the City Council's wage guidelines for the Fiscal
Years beginning July 1, 2009 and July 1, 2010.
I recommend that the Agreement be approved and that the attached Resolution be
adopted.
RP:tlb
cc: Dan Brown, Fire Chief
Prepared by: Personnel Department; Address: City Hall, 50 W. 13th Street; Telephone: 563-589-4125
RESOLUTION NO. 35 - 09
APPROVING THE AGREEMENT BETWEEN THE CITY OF
DUBUQUE, IOWA, AND DUBUQUE PROFESSIONAL FIREFIGHTERS
ASSOCIATION, LOCAL #353 AND AUTHORIZING THE MAYOR TO SIGN THE
AGREEMENT
Whereas, the Sixty-Fifth General Assembly adopted the Public
Employment Relations Act, Chapter 20, Code of Iowa; and
Whereas, the City of Dubuque is public employer within the meaning of
Section 3 (1) of the Public Employment Relations Act; and
Whereas, the Dubuque Professional Firefighters Association, Local #353,
is an employee organization within the meaning of Section 3 (4) of the Public
Employment Relations Act; and
Whereas, the Dubuque Professional Firefighters Association, Local #353,
submitted a request to bargain collectively on behalf of the employees within its
representation; and
Whereas, bargaining between the parties has occurred and an agreement
has been concluded.
NOW, THEREFORE, E IT RESOLVED Y THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That the terms of the agreement- be approved. and the Mayor
authorized and directed to sign the collective bargaining agreement.
Passed, approved and adopted this 2nd day of February, 2009.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk
AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
THE DUBUQUE PROFESSIONAL FIRE FIGHTER'S ASSOCIATION
LOCAL #353
JULY 1, 2008 through JUNE 30, 2009
DUBUQUE PROFESSIONAL FIRE FIGHTERS ASSOCIATION, LOCAL 353
CONTRACT
TABLE OF CONTENTS
PREAMBLE
ASSOCIATION PROVISIONS
ARTICLE 1 RECOGNITION ...................................................:. PAGE 1
ARTICLE 2 GENERAL CONDITIONS ...................................... PAGE 1
ARTICLE 3 ASSOCIATION DUES CHECK- OFF .................... PAGE 2
ARTICLE 4 COPIES OF CONTRACT ....................................... PAGE 3
ARTICLE 5 NO STRIKE CLAUSE ............................................ PAGE 3
ARTICLE 6 GRIEVANCE PROCEDURES ............................... PAGE 3
ARTICLE 7 REPRESENTATIVES
AND NEGOTIATING COMMITTEE ...................... PAGE 5
ARTICLE 8 PERSONNEL FILES ..........................................:.. PAGE 6
ARTICLE 9 NON-DISCRIMINATION .........................................PAGE 6
ARTICLE 10 BULLETIN BOARDS .............................................PAGE 6
WORK PROVISIONS
ARTICLE 11
ARTICLE 12
ARTICLE 13
ARTICLE 14
ARTICLE 15
ARTICLE 16
HOURS OF WORK ................................................PAGE 7
WAGE PLAN .........................................................PAGE 7
LONGEVITY ...........................................................PAGE 8
EDUCATION PAY ...................................................PAGE 9
TEMPORARY ASSIGNMENT ..............................PAGE 10
OVERTIME AND CALL-BACK .............................PAGE 10
ARTICLE 17 PAYDAY ................................................................PAGE 12
ARTICLE 18 GROUP INSURANCE ........................................... PAGE 12
ARTICLE 19 UNIFORMS ......................................................... PAGE 14
ARTICLE 20 SENIORITY ......................................................... PAGE 14
ARTICLE 21 TRANSFER PRIVILEGES ..................................... PAGE 15
LEAVE PROVISIONS
ARTICLE 22 VACATIONS ......................................................... PAGE 15
ARTICLE 23 CASUAL DAY ........................................................ PAGE 17
ARTICLE 24 HOLIDAYS ............................:...............................PAGE 18
ARTICLE 25 EXCHANGING WORK SHIFTS ........................... PAGE 20
ARTICLE 26 SICK LEAVE ........................................................ PAGE 20
ARTICLE 27 FUNERAL LEAVE ................................................. PAGE 23
ARTICLE 28 JURY DUTY ......................................................... PAGE 25
ARTICLE 29 LEAVES OF ABSENCE WITHOUT PAY .............. PAGE 25
ARTICLE 30 ABSENCE WITHOUT LEAVE ............................... PAGE 25
CONTINUITY PROVISIONS
ARTICLE 31 SAVINGS CLAUSE ...............................................PAGE 26
ARTICLE 32 ENTIRE AGREEMENT AND WAIVER CLAUSE ..PAGE 26
ARTICLE 33 DURATION AND NEGOTIATIONS .......................PAGE 27
PREAMBLE
This Agreement is made and entered into this First day of July, 2008 by and between
the City of Dubuque, Iowa (hereafter called the City) and the Dubuque Professional
Firefighters' Association, Local #353 (hereafter called the Association) and between
the City and the Association on behalf of the employees in the Bargaining Unit,
recognized and described under "Recognition Provisions" of this Agreement:
Page 1
ARTICLE 1
RECOGNITION
The City recognizes the DUBUQUE PROFESSIONAL FIRE FIGHTERS ASSOCIATION
LOCAL 353 as certified by the PUBLIC EMPLOYMENT RELATIONS BOARD CASE
NUMBER 520 dated December 10, 1975 as the exclusive bargaining representative for
the following employees of the City of Dubuque: Firefighter, Fire Equipment Operator,
Fire Lieutenant, Medical Officer, Fire Captain.
ARTICLE 2
GENERAL CONDITIONS
A. Public Employer Rights
Public employers shall have, when not in conflict with other provisions of this
Agreement, in addition to all powers, duties, and rights established by
constitutional provision, statute, ordinance, charter or special act, the exclusive
power, duty, and the right to:
1. Direct the work of its public employees.
2. Hire, promote, demote, transfer, assign and retain public employees in
positions within the public agency.
3. Suspend or discharge public employees for proper cause.
4. Relieve public employees from duties because of lack of work or for other
legitimate reasons.
5. Maintain the efficiency of governmental operations.
6. Determine and implement methods, means, assignments, and personnel
by which the public employer's operations are to be conducted.
7. Take such actions as may be necessary to carry out the mission of the
public employer.
8. Initiate, prepare, certify and administer its budget.
9. Exercise all powers and duties granted to the public employer by law.
B. Public Employee Rights
Public employees shall have the right to:
Organize or form, join or assist any employee organization.
Page 2
2. Negotiate collectively through representatives of their own choosing.
3. Engage in other concerted activities for the purpose of collective
bargaining or other mutual aid or protection insofar as any such activity is
not prohibited by this chapter or any other law of the state.
4. Refuse to join or participate in the activities of employee organizations,
including the payment of any dues, fees, or assessments or service fees
of any type.
Any disagreement involving the interpretation or application of this Article shall not be
subject to the grievance procedure of this agreement or the appeal procedure set forth
in Chapter 400, Code of Iowa.
ARTICLE 3
ASSOCIATION DUES CHECK-OFF
During the term of this Agreement the City of Dubuque, Iowa, agrees, after receipt of a
proper "Authorization for Dues Check-of" card signed by the employee, to deduct the
uniformly required dues as certified by the Financial Secretary of the Association.
Such dues deducted will be transmitted by the City to the Financial Secretary of the
Association.
It is understood and agreed to by the City, the Association and the employee that the
dues check-off authorization may be terminated by the employee at any time by giving
thirty [30] days written notice. [Reference: Code of Iowa. Chapter 20 subsection 20.9
and Chapter 736.A Subsection 736.A5.]
The City shall have no obligation to deduct dues from an Association member whose
net pay for a payroll period, after all other deductions, is insufficient to cover the total
authorized deductions for that payroll period. The Association agrees to indemnify the
City and hold it harmless against all and any suits, claims, demands and liabilities for
damages or penalties that may arise out of deduction of these dues. The Association
further agrees to refund to the City any amounts paid to the Association in error.
The Association shall reimburse the City for all costs associated with any substantial
changes in the Association's dues structure. There shall be no costs charged for
across-.the- board adjustments in the amount of dues.
ARTICLE 4
COPIES OF CONTRACT
The City will furnish twenty-five [25] copies of the contract to the Association.
ARTICLE 5
NO STRIKE CLAUSE
Page 3
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 ariy increase in compensation or benefits to any public
employee in response to or as a result of any strike or act which violates the first
paragraph of this Article.
Any other provisions as stipulated in the Public Employment Relations Act, Chapter 20,
Code of Iowa shall be applicable.
ARTICLE 6
GRIEVANCE PROCEDURE
A grievance shall be defined as a dispute or disagreement raised by an employee
against the City involving the interpretation or application of certain provisions of this
Agreement, except that any matter governed by Iowa Civil Service Law [Chapter 400,
Code of Iowa] shall not be considered a grievance and subject to the grievance
procedure. Any action or claim within the jurisdiction of the Civil Service Commission to
decide must be brought under Iowa Civil Service Law.
Page 4
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 ten [10] calendar days of the-date the alleged grievance
occurred. Failure of the employee to notify his/her supervisor within ten [10] 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 his/her supervisor. Employees
shall have the right to representation at any step of the grievance procedure.
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 five [5] calendar
days after receipt of the oral response. The Fire Chief shall respond in writing within
five [5] calendar days after receipt of the written grievance.
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 five [5] calendar days after the Fire Chief's
response is due. The City Manager, or designated representative, shall convene a
hearing within ten [10] calendar days following receipt of the appeal. The employee
and his/her 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.
Step 3
If the grievance is not settled in step 2, within twenty [20] calendar days after receiving
the City's written answer, either party may submit the grievance to arbitration. The
invoking of arbitration by the Association shall require approval of the Association and
approval of the aggrieved employee.
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 fifteen [15] calendar days after receipt of the request for arbitration, the Federal
Mediation and Conciliation service 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.
Page 5
The decision of the arbitrator, within the scope of his/her 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
he/she have authority to rule on matters of law or to render any decision which conflicts
with any law, rule or regulation binding upon the City. The arbitrator shall not have
power to accept or to decide any disagreement which involves a matter within the
jurisdiction of the Civil Service Commission [Chapter 400, Code of Iowa]. The fees and
expenses of the arbitrator shall be shared equally by the City and the Association.
However, each party shall be responsible for compensating their own witnesses and
representatives as well as paying for transcripts of the proceeding. Awards shall not
be retroactive beyond the date of the occurrence.
Association 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 straight time rate of 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 his/her participation in arbitration or
Civil Service. Proceedings.
The time specified for each step of the grievance procedure may be extended by
mutual agreement. All time limits shall exclude Saturdays, Sundays, and Holidays. 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. Failure of the employee or the Association to comply with any
time limitations shall constitute a withdrawal of the grievance.
ARTICLE 7
REPRESENTATIVES AND NEGOTIATING COMMITTEE
The Association shall provide the City with a list of representatives by name, position
and area which each representative serves. [if a member of the Grievance Committee].
Changes in this list shall be furnished to the City promptly. The City need not
recognize any Association representative of whom it has not been informed.
Members of the Negotiating Committee shall be paid their regular rate of pay when they
participate in negotiating meetings during their regular scheduled work day. The
number of employees eligible for payment shall be limited to four [4]. No payment shall
be made to any employee when he/she negotiates outside of his/her regular work
hours.
ARTICLE 8
PERSONNEL FILES
Page 6
Under the supervision of the Personnel Office, employees shall have free access to
their personnel files maintained by the Personnel Office..
ARTICLE 9
NONDISCRIMINATION
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 the appeal procedure set forth in Chapter 400, Code of Iowa.
There shall be no discrimination against any employee in the bargaining unit by either
party to this agreement because of mental or physical disability, age, sex, marital
status, race, color, religion, national origin, or political affiliation.
ARTICLE 10
BULLETIN BOARDS
The City shall provide space on bulletin boards, or allow the Association to maintain
their own bulletin boards, at all Fire Stations, for the posting of Association notices on
elections, appointments, meetings, recreational and social affairs. Prior to the posting
of any other notice, said notice must be authorized by the President of the Association
and shall be submitted to the Fire Chief, or his/her designated representative, who shall
approve or disapprove the posting of said notice.
ARTICLE 11
HOURS OF WORK
Page 7
A. The hours of work for employees assigned to Firefighting shall be twenty-four [24]
hour days for an average of a fifty-six [56] hour week.
B. All other employees shall be scheduled to work a forty [40] hour week.
C. Firefightiriq
Three [3] platoons shall work an average of fifty-six [56] hours per week in the
following fashion: Each shift shall work three [3] alternate twenty-four [24] hour days
followed by ninety-six [96] hours off duty.
D. Fire Prevention Bureau and Training Officers
Employees shall work five [5] eight [8] hour days.
ARTICLE 12
WAGE PLAN
The following salary schedules shall represent the regular [straight time or base] rate of
pay for positions covered by this agreement:
Position Salary Step Step Step Step Step ,Step
Classification Grade A B C D E F
Bi-Weekly Rates -Effective 07/01/2008 through 6/30/2009
Firefighter F-01 $1,624.00 $1,758.40 $1,804.32 $1,909.60
Fire F-02 $1,865.92 $1,912.96 $1,962.24 $2,012.64
Equipment
Operator
Ambulance F-03 $1,970.08 $2,017.12 $2,066.40 $2,115.68
Medical
Officer
Fire F-04 $0.00 $2,027.20 $2,076.48 $2,125.76
Lieutenant
Fire Captain F-05 $0.00 $2,141.44 $2,191.84 $2,241.12
Page 8
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.
If an employee is promoted to or enters the City service at the lowest step in the salary
range established for the position, the employee's performance shall be evaluated after
six [6] months and, if satisfactory, said employee shall be advanced to the next step-in
the salary range. If an employee is promoted to or enters the City service- at a step
other than the lowest step in the salary range established for the position, the
employee's performance shall be evaluated after twelve [12] months and, if satisfactory,
said employee shall be advanced to the next step. Advancements to succeeding pay
steps in the salary range established for the position shall be based upon a satisfactory
performance evaluation. 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 performance advancements at
twelve [12] month intervals until they obtain the maximum step in the salary range
established for that position.
ARTICLE 13
LONGEVITY
Section 1
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 wage or salary.
Section 2
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 [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 [3%] percent of their base pay. After
twenty [20] years of continuous service, incumbents shall be advanced in pay by four
[4%] of their base pay. After twenty-five [25] years of service, incumbents shall be
advanced in pay by seven [7%] percent of their base pay.
Section 3
Page 9
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.
ARTICLE 14
EDUCATION PAY
Section 1
Employees in the classifications 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:
CERTIFICATION LEVEL PAYMENT
EMT-B $20.00 per month
EMT-I $40.00 per month
EMT-P $105.00 per month
Payments for Emergency Medical Training certification shall not be cumulative and
shall not be included in the regular [straight time or base] rate of pay or in the
calculation of premium payments or fringe benefits. Payment for Emergency Medical
Page 10
Training certifications shall commence at the beginning of the first pay period following
receipt of the state certification card.
In the event the City discontinues the ambulance service, the terms of this Section shall
become null and void on the date ambulance service is discontinued.
Section 2
Effective July 1, 2000, employees who possess an Associates Degree in Fire Science
from an accredited college or university shall receive payment in the amount of $105
per month. In order to verify eligibility for this payment, employees must provide a
certified transcript from the college or university that awarded the Fire Science degree.
ARTICLE 15
TEMPORARY ASSIGNMENT
Effective July 1, 2008 an employee shall receive $19.08 for each full work day (24
consecutive work hours) in which he/she is temporarily assigned to work in a higher job
classification in the bargaining unit. This amount ($19.08) shall be increased in the next
contract year by the percentage increase, if any, in the Wage Plan. The employee shall
receive the additional payment only while he/she is working in the higher job
classification.
ARTICLE 16
OVERTIME AND CALLBACK
Section 1
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 [straight
time or base] rate of pay for employees assigned to a forty [40] hour work week shall be
based upon two thousand eighty [2080] hours per year. The regular [straight time or
base] 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.
Section 2
Page 11
Overtime shall not be voluntary. The decision and reasons therefore of the Fire Chief
or designee to require an employee to report for overtime 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 Iowa.
Section 3
Compensation shall not be paid more than once for the same hours of work under any
provisions of this Article or Agreement.
At the discretion of the department manager, employees assigned to the Fire Marshal's
Office who work a forty (40) hour work week and who are eligible to receive overtime
may be granted time off in order to compensate for and in lieu of overtime payment.
Section 4
An employee, having left the premises after a regular shift, and recalled for additional
work shall receive not less than two [2] hours straight time pay. When such work
merges with the employees regular day, this provision does not apply.
Section 5
Any overtime that is a result of special events will be filled off of a Special Event
overtime list. 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 6
When an employee is present for duty for all of his/her assigned shifts within the
twenty-seven day work period, as defined by the Fair Labor Standards Act, he/she shall
earn twelve (12) hours of compensatory time. The compensatory time shall be
accumulated throughout the calendar year and after vacations are selected for the
upcoming calendar year, employees will take compensatory time off in twenty-four hour
periods for the remaining vacation 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 his/her 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 at one-half 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 of his/her
compensatory time because of illness, injury, or other unforeseen circumstance, the
Page 12
City shall have the option of paying off the employee's earned compensatory time at
half the employee's rate of pay or allowing the employee to carry over the unused
balance to the next calendar year. The use of compensatory time in lieu of payment of
overtime shall be mandatory and the definition of compensable hours of work shall be
the definition contained in the Fair Labor Standards Act, which means that an employee
must be present for duty for over 204 hours in the twenty-seven day work period to be
eligible for compensatory time.
ARTICLE 17
PAYDAY
Payday shall be every other Friday. If the payday is an observed holiday, the payday
shall be the day before the holiday.
ARTICLE 18
GROUP INSURANCE
Section 1
HEALTH INSURANCE Effective July 1, 2005, employees shall pay 10% 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 retirees and COBRA enrollees.
Section 2
LIFE/ACCIDENTAL DEATH AND DISMEMBERMENT/DISABILITY INCOME
PROTECTION INSURANCE The City shall pay the full cost of a life insurance,
accidental death and dismemberment and disability income protection insurance for
employees covered by this Agreement. Employees are eligible for coverage the first of
the month following the completion of thirty [30] days continuous service in a full-time
position.
Section 3
Page 13
Specific benefits of each aspect of the group insurance plan are. set forth in master
agreements which shall in all cases be the determining factor as to the eligibility and
amounts of coverage extended to each employee. Any disagreement regarding the
interpretation or application of specific provisions of the insurance master agreements
shall not be a subject for the grievance procedure of this agreement or the appeal
procedure set forth in Chapter 400, Code of Iowa. The City shall retain the right to
change insurance carriers or change the method in which insurance is provided, at any
time, and such action by the City and the reason[s] therefore shall not be subject to the
grievance procedure of this Agreement or the appeal procedure set forth in Chapter
400, Code of Iowa. In the event the City chooses to change insurance carriers or
change the method in which insurance is provided, efforts shall be made to maintain
coverages similar to what is being provided.
Section 4
Except as otherwise provided by law and by this Agreement, the City shall continue to pay
its portion of the group insurance premium for up to fourteen [14] months from the day an
employee is absent due to illness or injury, or until the employee is granted a pension,
whichever comes first. However, in no event will the City pay its portion of the group
insurance premium for a period longer than the employee's length of continuous service in
a full-time position. Group insurance plans include health insurance, prescription drug
insurance, life/accidental death and dismemberment insurance and disability income
protection insurance.
Section 5
An employee may elect to continue group insurance coverages while on a leave of
absence without pay. During a leave of absence without pay in excess of thirty [30]
calendar days the employee shall be responsible for paying the full cost of all group
insurance premiums, with the exception of a leave of absence without pay granted in
accordance with the Family and Medical Leave Act of 1993.
Section 6
Whenever a covered employee is discharged, laid-off, resigns, retires or dies, the City
shall discontinue payment of all insurance premiums. Insurance benefits for
dependents terminate when the dependent ceases to be eligible as a dependent or
when the employee withdraws the authorization for dependent insurance coverage.
Section 7
The City shall provide 1RS Section 125 Flexible Spending Accounts for medical and
dependent care expenses and health, prescription drug and dental insurance premiums.
Page 14
ARTICLE 19
UNIFORMS
Section 1
A new firefighter will receive the required work uniforms, boots and bunker trousers on
reporting for duty. The work uniforms will consist of three (3) pairs of trousers, six (6)
shirts, and work jacket. All firefighters receive a coat, fire helmet, pair of fire boots,
bunker trousers, gloves, fire hood, and replacements as needed.
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.
Section 2
After the first year of service employees will receive a four hundred sixty dollar
($460.00) yearly cash allowance for maintenance and replacement of the uniform. The
uniform allowance will be paid in December of each year.
ARTICLE 20
SENIORITY
Section 1
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. 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. 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 Iowa. The Association 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.
Section 2
Page 15
Layoff and seniority rights for Civil Service employees shall be administered in
accordance with Chapter 400, Code of Iowa. During layoff, the. employee shall not
accrue or receive any privileges, benefits or pay granted by this Agreement.
Section 3
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 a layoff, the employee fails to report to work within five [5] work
days after being notified to report to work.
ARTICLE 21
TRANSFER PRIVILEGES
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 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 principle 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 as to the reason[s] for denial. Denial of a transfer
request or the reason[s] for denial shall not be a subject for the grievance procedure.
ARTICLE 22
VACATIONS
Section 1
After an employee working afifty-six [56] hour work week schedule has one [1] year or
more seniority, the employee shall be eligible to receive three [3] working days vacation
Page 16
in each calendar year. After an employee has completed three [3] years or more
seniority the employee shall be eligible to receive six [6] working days vacation in each
calendar year. After an employee has completed seven [7] years or more seniority the
employee shall be eligible to receive eight [8] working days vacation in each calendar
year. After an employee has completed fourteen [14] years or more seniority the
employee shall be eligible to receive ten [10] working days vacation in each calendar
year. After an employee has completed twenty-one [21] years or more seniority the
employee shall be eligible to receive twelve [12] working days vacation in each calendar
year.
After an employee working a standard eight [8] hour day, forty [40] hour work week
schedule has one [1] year or more seniority the employee shall be eligible to receive
one week paid vacation at forty [40] hours straight time in each calendar year. After an
employee has completed three [3] years or more seniority the employee shall be
eligible to receive two [2] weeks paid vacation at eighty [80] hours straight time pay in
each calendar year. After an employee has completed seven [7] years or more years
seniority the employee shall be eligible to receive three [3] weeks paid vacation at one
hundred twenty [120] hours straight time pay in each calendar year. After an employee
has completed fourteen [14] years or more years seniority the employee shall be
eligible to receive four [4] weeks paid vacation at one hundred sixty [160] hours straight
time pay in each calendar year. After an employee has completed twenty-one [21]
years or more seniority the employee shall be eligible to receive five [5] weeks paid
vacation at two hundred [200] hours straight time pay in each calendar year.
Section 2
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.
Section 3
The vacation anniversary date of an employee shall be the same as the seniority date
of the employee.
Earned vacations must be taken within the twelve [12] month period immediately
following the anniversary date of the vacation.
Vacation time is not accumulated from year to year: therefore, under no circumstances
will vacations be requested, scheduled or permitted to run consecutively.
In the event a holiday falls during the vacation of an employee working a standard eight
[8] hour day, forty [40] hour week, the holiday shall not be charged as vacation.
Section 4
Pale 17
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 notice in the-event of a resignation or a military leave of absence] shall receive
vacation pay prorated to the last day worked.
Section 5
An employee who has incurred an injury on duty just previous to his/her vacation and is
unable to return to work until after his/her regularly scheduled vacation period shall be
eligible to have his/her vacation period rescheduled at a time designated by the Fire
Chief.
Section 6
The Fire Chief shall approve all vacations and the number of employees allowed off at
any one 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 Iowa.
ARTICLE 23
CASUAL DAY
Item 1 -Consideration
A. To afford employees one [1 ]day with pay, not to be deducted from sick leave
accumulation, to be scheduled by the Fire Chief.
B. Approving or disapproving the employee's requested date for this casual day will
be at the sole discretion of the Fire Chief or his/her authorized representative.
C. The Association recognizes that approval or disapproval of a specific day must
consider the efficient level of service due the general public.
Item 2 -Conditions
A. The one [1] casual day with pay must be requested, scheduled and approved by
the Fire Chief within the contract period each year.
B. Anew employee must have worked at least four [4] full calendar months of the
probationary period before December 15 in order to be eligible for a casual day
in the contract period.
Page 18
C. In the event an emergency situation arises while an employee is on vacation,
and such employee has not used the casual day, upon written or telephone
request and approval, the casual day may be used to extend the vacation period
one [1 ]day.
D. Under no circumstances will pay be requested or approved in lieu of the casual
day off with pay.
E. Once a date has been approved for an employee as a casual day it should not
be rescheduled except under the most extenuating circumstances. However, it is
understood and agreed that an employee may request to take his/her casual .day
at a time other then the scheduled day provided that the employee request said
day on the employee's preceding work day before 8:00 p.m. It is reserved that
the Fire Chief or his/her representative may grant or deny the request for the
unscheduled casual day.. In the event that two [2] or more employees request
the same unscheduled casual day off and the Fire Chief or his/her representative
determine that a casual day may be taken, seniority shall be the determining
factor as to which employee may take the requested day.
ARTICLE 24
HOLIDAYS
SPCtion 1
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:
A. New Year's Day
B. Memorial Day
C. Independence Day
D. Labor Day
E. Veterans Day
F. Thanksgiving Day
G. Day after Thanksgiving
H. Christmas Eve
I. Christmas Day
J. New Year's Eve
Section 2
January First
Last Monday in May
July Fourth
First Monday in September
November Eleventh
Fourth Thursday in November
Friday following Thanksgiving Day
December twenty-fourth
Decembertwenty-fifth
December thirty-first
An employee shall forfeit the right to payment for a holiday if scheduled to work the
Page 19
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:
A. Formal leave of absence
B. Job incurred injury
C. Funeralleave
D. Subpoena as a witness
E. Excused in writing at sole discretion of the Fire Chief: excludes casual day
F. Non-job incurred injury or illness of less than two [2] months duration with proper
doctor's documentation.
Section 3
Employees working afifty-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.
Employees working a forty [40] hour work week and who are eligible to receive holiday
pay shall be given the .holiday off with pay. For purposes of computing holiday pay
only the hourly rate of pay for employees who worka fifty-six [56] hour work week is
computed as follows:
Annual Base Salary
2,080
Section 4
For employees who are given a holiday off with pay, if their holiday falls on Sunday, the
following day shall be the recognized holiday. If the holiday falls on Saturday, the
preceding day shall be the recognized holiday.
ARTICLE 25
EXCHANGING WORK SHIFTS
Page 20
The City may permit employees to exchange work shifts provided:
A. The substitution does not impose any additional cost to the City.
B. The City is not held responsible for enforcing any agreement between the
employees.
C. The exchange is not for the purpose of engaging in outside employment.
D. 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 26
SICK LEAVE
Section 1
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.
Section 2
Employees shall be granted sick leave with pay for any of the following reasons:
Personal illness or injury, not incurred on the job, which renders such employee
unable to perform the duties of his/her position.
Emergency medical and dental appointments of the employee.
Enforced medical quarantine of the employee.
Life threatening illness or serious injury of an emergency nature of members of
the employee's immediate family provided the family member is a legal
dependent of the employee. Said absence is limited to the duration of the
emergency and shall be approved by the Fire Chief.
Page 21
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.
Section 3
Sick leave shall be administered as follows:
Except as otherwise provided in this section, all absences from work chargeable to sick
leave shall be reported to the employee's supervisor at least thirty [30] minutes prior to
the start of work on the day of absence. Failure to do so shall result in the loss of sick
leave payment. It is the responsibility of the employee to keep hisJher supervisor
informed each work day of absence chargeable to sick leave, except and unless the
employee presents a certificate signed by a physician which states that the employee
will be incapacitated for work for a specified period of time. Employees shall not
receive compensation by reason of sick leave benefits until they have completed and
returned to their supervisor a sick leave request form. 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 physician which states the extent and nature of
the illness or injury and states that the employee was incapacitated for work for the
period of his/her absence. The statement shall also indicate that the employee is
physically able to perform the essential functions of his/her position. Failure to provide
a physicians certificate containing the above information shall result in the loss of sick
leave payment. The cost of said certificate shall be borne by the employee. The City
may require at any time a medical examination, 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 physical or mental condition is
adversely affecting his/her ability to perform the essential functions of his/her position,
or is endangering the employee's health and 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.
Section 4
Except as otherwise provided in this section, employees shall accrue sick leave at the
rate of one [1] day per month of continuous service [3.6923 hours bi-weekly for
employees working a forty [40] hour work week and 5.5384 hours bi-weekly for
employees working afifty-six [56] hour work week. The term "month" as used in this
section shall mean calendar month. A sick, leave day for employees working a forty
[40] hour work week shall equal eight [8] hours. A sick leave day for employees
working afifty-six [56] hour work week shall equal twelve [12] hours. 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 regular rate of pay.
Sick leave shall be charged as follows:
Page 22
Employees working a forty (40) hour work week shall be charged one [1] sick leave day,
eight [8] hours for every work day [eight [8] hours] off duty. Employees working a fifty-
six [56] hour work week shall be charged two [2] sick leave days, [twenty-four (24)
hours] for every work day [twenty-four (24) hours] off duty.
It is understood that sick leave shall not be paid to employees who are on their regular
day off.
Employees who are on a 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.
Section 5
Any unused portion of sick leave shall accumulate from fiscal year to fiscal year to a
maximum of one hundred thirty two [132] work days. Accrual of sick leave shall
terminate upon discharge, resignation, retirement, lay-off or death of the employee.
Section 6
Upon retirement, employees shall be paid for fifty percent [50%] of accumulated sick
days over forty-five [45] .
Example: 105 sick days [accumulated sick days at retirement
-45 sick days
60 sick days
x50%
30 sick days x the regular rate of pay
The regular rate of pay for employees assigned to a forty [40] hour work week shall be
based upon two thousand eighty [2,080] hours per year and one [1] sick day shall equal
eight [8] hours. 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
and one sick day shall equal twelve [12] hours. In order to be eligible for such
payment, an employee must have completed at least twenty [20] years of continuous
service in a full time position in City employment or retired as a result of a disability.
Page 23
ARTICLE 27
FUNERAL LEAVE
All regular and full time employees shall be granted upon request, time off with pay for
such periods of time as set forth below:
Eight [81 Hour Work Day Schedule
A. Death of an employees spouse
Seven [7] calendar days with a maximum of five [5] working days pay.
B. Death of an employees child or step-child
Three [3] scheduled working days.
C. Death of other members of an employees immediate family
Relationships which are considered as other members of the employee's family
are: mother, father, mother-in-law, father-in-law, sister, sister-in-law, brother,
brother-in-law, grandfather, grandmother, grandchild.
In the event the employee is the person responsible for making
arrangements for the funeral and attending same, a period of time from
when death occurs until the day following the funeral but not to exceed
three [3] scheduled working days with pay .
2. In the.event the employee is not the person responsible for making
arrangements for the funeral, one [1 ]scheduled working day will be
allowed to attend the funeral providing the funeral service falls on a
scheduled working day of the employee.
D. Special Provision
It is recognized that a death of a person other than the relationships listed above
could warrant consideration for some paid funeral leave. In this event, the
employee should make the situation known to the Fire Chief. The Fire Chief
may exercise administrative approval consistent with the intent of this funeral
leave provision. The Fire Chief will document administrative approval by written
notice to the Personnel Office.
Twenty-four f24] Hour Work Day Schedule
A. Death of an employees spouse
Page 24
Seven [7] calendar work days with a maximum of three [3] working days with
pay.
B. Death of an employees child or step-child
Five [5] calendar days with a maximum of three [3] working days with pay.
C. Death of other members of an employees immediate family
Relationships which are considered as other members of the employees family
are: mother,. father, mother-in-law, father-in-law, sister, sister-in-law, brother,
brother-in-law, grandfather, grandmother, grandchild.
In the event the employee is the person responsible for making
arrangements for the funeral and attending same, a period of time from
when death occurs until the day following the funeral but not to exceed
three [3] scheduled working days with pay.
2. In the event the employee is not the person responsible for making
arrangements for the funeral, one [1] scheduled working day will be
allowed to attend the funeral providing the funeral service falls on a
scheduled working day of the employee.
D. Special Provision
It is recognized that a death of a person other than the relationships listed above
could warrant consideration for some paid funeral leave. In this event, the
employee should make the situation known to the Fire Chief. The Fire Chief
may exercise administrative approval consistent with the intent of this funeral
leave provision. The Fire Chief will document administrative approval by written
notice to the Personnel Office.
E. Wake Provision
Upon approval of the Fire Chief, employees may be granted up to three [3] hours
with pay to attend the wake services of a member of the employees immediate
family as defined in Section C of this Article.
ARTICLE 28
JURY DUTY
Page 25
Employees required to report for jury duty shall be paid the difference, if any, between
the compensation received for jury duty and their regular wage for each day of jury
duty. Expense reimbursement received by the employee shall not be deducted from
the employee's, regular wage. Normally this is processed by having the employee
submit his/her jury duty compensation, excluding expense reimbursemeht, to the
finance office in exchange for the employee's paycheck. An employee who reports for
jury duty and is excused shall report immediately to his/her supervisor.
ARTICLE 29
LEAVES OF ABSENCE WITHOUT PAY
A leave of absence without pay may be granted by the City Manager upon the
recommendation of the Fire Chief. An employee desiring a leave of absence without
pay shall 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 duty. Failure to return to work at
the end of the leave shall constitute just cause for dismissal. It is understood that
leaves of absence shall not be used for the purpose of accepting employment
elsewhere. An employee accepting such employment shall be terminated. An
employee granted a leave of absence without pay, upon completion of said. leave, shall
be returned to the same position and the same pay step within the pay grade
corresponding to the classification occupied at the time the leave began. Except as
provided in the Family and Medical Leave Act of 1993, during a leave of absence
without pay, the employee shall continue to accrue seniority, but will not accrue or
receive any other privileges, benefits or pay granted by this Agreement.
ARTICLE 30
ABSENCE WITHOUT LEAVE
If an employee is absent from work without proper authorization for part or all of a work
day, such absence shall be without pay and shall be grounds for disciplinary action.
Absence without authorization for a period of two [2] consecutive work days shall be
regarded as a resignation.
ARTICLE 31
SAVINGS CLAUSE
Page 26
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 portion thereof restrained or
declared null and void in the decision and the remainder of this Agreement shall remain
in full force and effect.
ARTICLE 32
ENTIRE AGREEMENT AND WAIVER CLAUSE
This Agreement supersedes and cancels all previous Agreements between the City and
the Association 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.
Page 27
ARTICLE 33
DURATION AND NEGOTIATIONS
The Agreement shall be effective as of the first (1St) day of July, 2008 and shall remain
in full force and effect through the thirtieth (30th) day of June, 2009. Negotiations for a
succeeding Agreement to become effective on July 1, 2009 shall begin after August 15,
2008, but not later than October 15, 2008.
r ~ O~U
Signed this ~ ~~1 day of ~~4,~~~~~ r ~,~3
DUBUQUE PROFESSIONAL CITY OF DUBUQUE, IOWA
FIREF~HTERS' ASSOCIATION, LOCAL 353
PRESIDENT
f ~ ~~
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AYO R
ATT~-ST:
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EANNE F. SCHNEIDER, CITY CLERK