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Collective Bargaining Agreement_Dubuque Professional Firefighters Association Local 353THE CITY OF Dui Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager Dubuque band AI -America City r 2007 • 2012 • 2013 SUBJECT: Collective Bargaining Agreement between the City of Dubuque and the Dubuque Professional Firefighters Association, Local #353 DATE: July 15, 2014 On June 11, 2014, an arbitration hearing was held on the impasse between the City of Dubuque and the Dubuque Professional Firefighters Association, Local #353. The only issue at impasse was education pay. The parties had previously agreed to 1.5% across the board base wage increase effective July 1, 2014 through June 30, 2015. The arbitrator awarded the City's position which means there will not be a change in the education pay benefit. Personnel Manager Randy requests the City Council receive and file the arbitration award. I concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Randy Peck, Personnel Manager Masterpiece on the Mississippi 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: July 9, 2014 Dubuque SEM an-r,citr '1111! 2007.2012.2013 On June 11, 2014, an arbitration hearing was held in the impasse between the City of Dubuque and the Dubuque Professional Firefighters Association, Local #353. The only issue at impasse was education pay. The parties had previously agreed to 1.5% across the board base wage increase effective July 1, 2014 through June 30, 2015. The arbitrator awarded the City's position which means there will not be a change in the education pay benefit. The arbitration award is consistent with the City Council wage guideline for the fiscal year beginning July 1, 2014 and it is also consistent with the wage increase received by all other city employees on July 1, 2014. The requested actiomfor the City Council is to receive and file the arbitration award. RP:Imh AWARD In the Matter of: City of Dubuque Public Employer Micheal L. Thompson And Arbitrator Dubuque Professional Firefighter's Association, Local #353 Public Employee Association Appearances: For the Employer: Randy Peck, Personnel Manager Mark Burkle, Fire Marshall For the Public Employee Organization: Stephen J. Juergens, Attorney Robert Rehfeldt, President Local 583 Michael Lynch, Vice President, Local 353 (Firefighter) Jerrod Atkinson, Lieutenant Martin Fitzpatrick, Fire Equipment Operator Engine 506 Jason Link, Fire Equipment Operator Engine 501 STATEMENT OF JURISDICTION The matter proceeds to an arbitration hearing pursuant to the statutory provisions established in the Public Employment Relations Act, Chapter 20, Code of Iowa. The above-named arbitrator was selected from a list furnished to the parties by the Public Employment Relations Board. An interest arbitration hearing was held on June 11, 2014 at 10:00 am in Dubuque, Iowa. The hearing was electronically recorded. At the hearing the parties (City of Dubuque, hereinafter Employer and the Dubuque Professional Firefighter's Association, Local #353, hereinafter Association) were given a full opportunity to introduce evidence, facts, and arguments in support of their respective positions. Upon the basis of the evidence, facts, and arguments presented, the following award was made. STATEMENT OF THE ISSUES and POSITIONS OF THE PARTIES For the Employer: Article 12 — Wage Plan Effective July 1, 2014 through June 30, 2015, the wage plan in effect on June 30, 2014 shall be increased by 1.5% across the board. Article 14 — Education Pay Employer Proposal: Continue with the Existing Language For the Association ARTICLE 12: Wage Plan Firefighter FEO Medical Officer Fire Lieutenant Fire Captain 1.5% Wage Increase 1.5% Wage Increase 1.5% Wage Increase 1.5% Wage Increase 1.5% Wage Increase ARTICLE 14 — Education Pay Delete Sections 1 and 2 and Substitute the following: SECTION 1 CERTIFICATION LEVEL EMT -P EMT -P SPECIALIST EMT -I EMT -B Section 2: PAYMENT 2.5% of Step F Firefighter 2.5% of Step F Firefighter 2.0% of Step F Firefighter 2.0% of Step F Firefighter In order to qualify for Educational Pay, employees must complete sixty (60) semester hours of college level coursework at an accredited university or college with a minimum of twelve (12) hours of coursework in professional career development. A minimum overall grade of"C" will be required. Courses which are applicable within the twelve (12) required in professional career development are those which lead directly to the enhancement of the employee's performance of his/her duty as a Firefighter, Medical Officer, Lieutenant, and Captain with the Dubuque Fire Department. Such courses are to include, but not limited to: A. Fire Science, Fire Administration, Emergency Service Management, Associates Degree in Paramedic Medicine. B. Behavioral and Social Science courses such as American Government, Public Administration, Legislative Processes, American Political Parties, Judicial Process, Municipal Government and Urbanism, and American Constitutional Law. C. Certain Psychology courses such as General Psychology, Social Psychology, Personal and Industrial Psychology, Abnormal and Criminal Psychology. D. Certain Sociology courses such as Principles of Sociology, Social Problems, Race and Ethnic Relations, Criminology, Sociological Research, and various Courses aimed at the improvement of the individual when dealing with the general public. The Educational Bonus Plan will apply as follows: Firefighter 2.5% base rate of pay Fire Equipment Operator 2.5% base rate of pay Medical Officer 2.5% base rate of pay Lieutenant 2.5% base rate of pay Captain 2.5% base rate of pay To apply for this Educational Benefit the employee must submit to the Fire Chief a stamped transcript of his/her college or university credits for consideration. The final determination shall be made by the City Manager's Office. Employees hired on or after July 1, 2014 shall not be covered by the terms of this article until they have completed twelve (12) months of continuous service as a City of Dubuque Firefighter. CRITERIA APPLIED IN MAKING AWARDS The Iowa Public Employment Relations Act contains criteria that are to be used by an arbitrator in judging the reasonableness of the parties' collective bargaining proposals. The Act establishes the criteria that are to be used by interest arbitrators in formulating their awards. Section 22.9 of the Act provides, in relevant part: The panel of arbitrators shall consider, in addition to any other relevant factors, the following factors: a. Past collective bargaining contracts between the parties, including the bargaining that led up to such contracts. b. Comparison of wages, hours, and conditions of employment of the involved public employees with those of other public employees doing comparable work, giving consideration to factors peculiar to the area and the classifications involved. c. The interests and welfare of the public, the ability of the public employer to finance economic adjustments, and the effects of such adjustments on the normal standard of service. d. The power of the public employer to levy taxes and appropriate funds for the conduct of its operations. With the criteria mandated for arbitrators firmly in mind and based upon the entire record developed at the hearing, the award contained in this report is formulated. Background Dubuque is located in the northeastern part of the state, and it is an urban area that is contingent to the Mississippi River. The Employer serves a population base of 57,546, and the call volume is approximately 5,500. The parties have engaged in collective bargaining for a lengthy period of time (since 1975), and the Association bargains for 81 professionals. The bargaining relationship has been acrimonious at times, and the impasse procedures have been utilized. The current contract is for the year beginning July 1, 2014, and ending June 30, 2015. The parties have been unable to resolve the preceding issues. The Employer and Association have spent considerable time in bargaining and negotiations, including the intervention of a mediator to voluntarily resolve the issues. This effort was unsuccessful and the impasse proceeded to arbitration on June 11, 2014. The education pay issue reflects an economic issue as the salary package for the Association is currently $82,233.84 for the paramedics and $30,795.96 for firefighters which totals $112,929.80, or an increase of $12,829.80 over the cost associated with the employer's contract. The Employer anticipates that the costs are even greater than the Association's projection — an annual increase of $34,574. The Association and Employer presented evidence, and each asserted their respective positions. The impasse appears to have generated intense feelings for both groups. The subscribed arbitrator has reviewed and considered at length the arguments, records, and evidence presented, and has carefully considered each point raised by the Employer and Association. This dispute centers around one issue — education, but the core point is the impact upon the monetary framework of the Employer. As part of the arbitration, the economic issue was paramount, and it has created some acrimony. Note, however, the Employer did not assert an inability to pay argument. The underlying issue was equally important — equality among internal employee groups particularly police and firefighters. During the hearing, each party was given ample time to present evidence and testimony regarding their respective position. At the end of the session each party elected to forego closing statement. Note, the parties agree on the Wage Plan, Article 12 — an increase of 1.5% for the following positions: Firefighter EEO Medical Officer Fire Lieutenant Fire Captain Given the history of negotiations, the parties have experience with comparability. The Association and the Employer used slightly different comparability grouping, although each noted internal comparability between other employee groups, particularly police. The Association presented a historical comparability grouping that was extensive, including cites that are the seven largest in Iowa. The cities included are: Des Moines, Cedar Rapids, Davenport, Sioux City, Waterloo, Council Bluffs, and Dubuque. The cities range in size from 54,000 to 193,000. The Employer presented a different grouping — comparability internally between police and firefighters as well as other city employees. Each party argues that its grouping was most appropriate and reasonable. Among the strategic factors for a neutral to consider in making an award is the comparability group. The weight given by the Arbitrator is a function of several factors, which include but are not limited to: geographical proximity, size of population, demographic characteristics, and other relevant financial data. Therefore, it is not necessary to adopt in its entirety either party's group as most appropriate. However, appropriate weight has been given to each grouping. Before noting the comparability group, it should be clear that the parties spent considerable time detailing the reasons for using its comparability group. This was not lost on the Arbitrator. While each used party focused on variations in the comp groupings, it is clear that the core difference is internal comparability versus external comparability. When comparing internal to internal and external to external, the comps are almost identical. Thus the Arbitrator will consider the internal comp groups, although he will give weight to the historical and geographical groupings. With respect to the internal comparison, it is also clear that other arbitrators have reviewed this phenomenon, and while the instant arbitrator has not usually used internal comparability (given the difference in work activities), it is relevant in this arbitration. Another strategic factor to consider is bargaining history. The parties detailed the history and each focused upon the bargaining during the course of negotiations that led to the instant arbitration. The Employer argued that the bargaining history indicates that firefighters have used the arbitration process to seek disparate raises as contrasted with other bargaining units. The Employer argues police and firefighters are the only groups that receive some form of education pay, and while the amounts are different, it is a negligible difference. Moreover, the Employer notes that additional compensation for attaining a college degree is not a common practice, and it is unclear how this degree/course work will benefit the Employer. Finally, the Employer notes that other city employees (Housing Inspector, Public Safety Dispatcher, Police Officer, Water Distribution Maintenance worker, and Park Maintenance worker) are required to obtain training and associated affiliations to be certified under state law and that these employees do not receive education pay. Given this set of circumstances, the Employer argues that changing the Education Pay section creates a greater disparity among all employee groups. The Association argues that the bargaining history indicates that the contract language regarding education has not changed since its inception since 2000, and that the stipend for EMT's has been unchanged since 1986. Moreover, the Association notes the specific costs associated with being a paramedic — certification costs are approximately $10,000 for each candidate, and the inference is that the wage settlements including education pay/stipends does not adequately cover this. The Association also notes that the external comparability demonstrates that Dubuque firefighters are paid below the average of the six other cities and that the wage settlements for this year vary from a low of 1.5% (Dubuque and Davenport) to a high of 2.9% (Waterloo). Finally, the Association argues that the disparity is heightened by the Education pay/stipend Dubuque firefighters and paramedics receive. The other clear issue in this case is ability to pay. While the Employer does not argue an inability to pay; it argues that Dubuque cannot be compared to Des Moines or Cedar Rapids, which are much larger cities with greater resources. Moreover, the Employer notes that internal comparability would lead to similar raises for other employees in the City of Dubuque — in essence the arbitration process would be used to create a pattern for the other workers. The Association argues that there are funds available, although it also indicated that there is a significant disagreement in how the funds are allocated. Both parties identified strategic points, but in the end the Arbitrator found this is not an inability to pay issue. The Association presented considerable financial data which demonstrated that the Employer has ability to pay either proposal. The Employer did not directly refute this information; rather the Employer relied upon the comparability both internally and externally and that. the Employer can afford the increase. In analyzing the issues, the Arbitrator will initially focus on the education issue. Before addressing the issue per se, it is crucial to note that the Employer did not argue that this is an inability to pay case. The Employer contends there is a need to continue the approach offered for firefighters, EMT's, police, and other employees. The Employer notes that there is internal comparability, and that any modification of the contract by an arbitrator is unwarranted. Further, the Employer argues that arbitrators should not make language changes because these type of changes should be voluntarily negotiated by the disputing parties. In addition, the Employer also notes that there is a long-standing practice in these negotiations — the Employer has negotiated similar raises for all employees, and a decision by the arbitrator to give the firefighter a larger amount would upset a pattern of twenty-five years. Finally, the Employer contends that this item was not readily negotiated by the Association — a proposal was made without any give and take in the bargaining process.. The Association argues a two-pronged approach — the Employer has not shown an inability to pay, and the comparison with internal and external groups indicate that the firefighters deserve an increase in education pay. With respect to the comparability groups, the Employer and Association use similar groups. The Association argues that the internal comps demonstrate that police patrol officers receive an education pay benefit of $2,795 per year, and that there has always been a comparable benefit for firefighters. The Association argues that the education pay needs to be raised to meet the level the patrol officers receive. Additionally, the Association asserts that comparability has not been achieved with respect to the other cities — firefighters in Dubuque on various levels receive less than other similar firefighters in the comparable groupings — on average as well as on specific levels from starting pay to longevity pay. Finally, the Association contends that the payment approach needs to be changed — from a flat dollar amount to a percentage. AWARD The Arbitrator was not moved by the Association's arguments -- cost, internal comparability, bargaining history or external comparability. The Arbitrator is reluctant to change the education pay/longevity based upon internal comparability, especially given the fact that police and firefighters are eligible to receive pay of $2,520 compared to the police of $2,795. While the Arbitrator agrees this is not the exact same approach to education pay, the similarity in payment is obvious. In addition, other employees of the City of Dubuque do not receive Education pay. When comparing the fire fighters with other internal groups, the police receive $235 more, and the fire fighters receive more than other employees in the City. Given this dynamics, the arbitrator is reluctant to change the language given the small difference. The Arbitrator is fully aware of the Employer's ability to pay, and the real issue is whether the Arbitrator should change the contract language. While changing the contract language seems insignificant, other arbitrators have recognized that it is a best practice for the parties to make such changes, not arbitrators. Other arbitrators have not chosen to change the language for a variety of reasons that encompass the following frames: 1. Contract language usually includes "quid pro quos" that are not always apparent; 2. Language changes should be voluntary because decisions by third party neutrals may alter the existing bargaining relationship. The bargaining history is clear and compelling on education pay, and the Association does not offer arguments that compel the Arbitrator to alter what has been negotiated. The difference in the amount of education pay (between fire fighters and other locals) is not significant, and it means fire fighters and police are relatively equal. In addition, the Arbitrator notes that the Employer has promoted a method of bargaining that is consistent for other labor organizations within the employer organization. If the Arbitrator changes the language and hence the payment, other labor groups could reasonably expect these changes as well. Finally, the Association asks that the language would be changed such that fire fighters would receive payment for education above and beyond what has been done in the past — for education that is directly and indirectly related to fire fighting. Regardless the arbitrator is reluctant to mandate a change that alters the educational process — not only in terms of the course content that is applicable but the a movement from a flat fee to a percentage approach. The Arbitrator also does not find that external comparability is sufficient to mandate a change given the internal comparability. While there is some evidence that the external comps indicate that the fire fighters from the Dubuque do not do as well as those in the larger cities, the remaining cities in the comp group are mixed -- those in Dubuque do better than some firefighters in other cities while others do worse. AWARD (Summary) Article 12: Wage Plan 1.5% Wage Increase for Firefighters, FEO, Medical Officer, Fire Lieutenant, and Fire Captain (across the board). Article 14 Education Pay — status quo — no change in language. Dated and signed by: Micheal L. Thompson, Arbitrator Certificate of Service I certify that on the 2nd day of July, 2014 I served the foregoing Arbitration Award upon each of the parties to this matter by mailing a copy to them at their respective addresses as shown below: Randy Peck, Personnel Manager City of Dubuque 50 West 13th Street Dubuque, Iowa 52001 Stephen Juergens, Attorney 200 Security Building 50 West 8th Street Dubuque, Iowa 52001 I further certify that on the 2"d day of July, 2014, I will submit this report for filing by mailing it to the Iowa Public Employment Relations Board, 510 East 12th Locust, Suite 1B, Des Moines, Iowa 50319. 3 AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND THE DUBUQUE PROFESSIONAL FIRE FIGHTER'S ASSOCIATION LOCAL #353 JULY 1, 2014 through JUNE 30, 2015 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 5 ARTICLE 9 NON-DISCRIMINATION PAGE 5 ARTICLE 10 BULLETIN BOARDS PAGE 6 WORK PROVISIONS ARTICLE 11 HOURS OF WORK PAGE 6 ARTICLE 12 WAGE PLAN PAGE 7 ARTICLE 13 LONGEVITY PAGE 8 ARTICLE 14 EDUCATION PAY PAGE 8 ARTICLE 15 TEMPORARY ASSIGNMENT PAGE 9 ARTICLE 16 OVERTIME AND CALL-BACK PAGE 9 ARTICLE 17 PAYDAY PAGE 11 ARTICLE 18 GROUP INSURANCE PAGE 11 ARTICLE 19 UNIFORMS PAGE 12 ARTICLE 20 SENIORITY PAGE 13 ARTICLE 21 TRANSFER PRIVILEGES PAGE 14 LEAVE PROVISIONS ARTICLE 22 VACATIONS PAGE 14 ARTICLE 23 CASUAL DAY PAGE 16 ARTICLE 24 HOLIDAYS PAGE 17 ARTICLE 25 EXCHANGING WORK SHIFTS PAGE 18 ARTICLE 26 SICK LEAVE PAGE 19 ARTICLE 27 FUNERAL LEAVE PAGE 21 ARTICLE 28 JURY DUTY PAGE 23 ARTICLE 29 LEAVES OF ABSENCE WITHOUT PAY PAGE 23 ARTICLE 30 ABSENCE WITHOUT LEAVE PAGE 23 ARTICLE 31 PREGNANCY LEAVE PAGE 24 CONTINUITY PROVISIONS ARTICLE 32 SAVINGS CLAUSE PAGE 24 ARTICLE 33 ENTIRE AGREEMENT AND WAIVER CLAUSEPAGE 25 ARTICLE 34 DURATION AND ,NEGOTIATIONS PAGE 26 PREAMBLE This Agreement is made and entered into this First day of July, 2014 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: Page 2 1. Organize or form, join or assist any employee organization. 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 -off' 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. Page 3 ARTICLE 4 COPIES OF CONTRACT The City will furnish twenty-five [25] copies of the contract to the Association. ARTICLE 5 NO STRIKE CLAUSE 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 any 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. 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. Page 4 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. 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. Page 5 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 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 Page 6 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, sexual orientation, 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 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. Firefighting 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. Page 7 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 Biweekly rates effective 7/1/2014 through 6/30/2015 Firefighter F-01 $1,855.84 $2,009.28 $2,059.68 $2,182.88 Fire Equipment Operator F-02 $2,131.36 $2,186.24 $2,241.12 $2,298.24 Ambulance Medical Officer F-03 $2,251.20 $2,302.72 $2,360.96 $2,416.96. Fire Lieutenant F-04 $0.00 $2,316.16 $2,372.16 $2,428.16 Fire Captain F-05 $0.00 $2,444.96 $2,503.20 $2,560.32 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 Page 8 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 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 Page 9 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 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, 2014 an employee shall receive $2179 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 ($21.79) 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 1/2] 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 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 Page 10 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 employee's 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 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 Page 11 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 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 Page 12 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 IRS Section 125 Flexible Spending Accounts for medical and dependent care expenses and health, prescription drug and dental insurance premiums. 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 Page 13 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 five hundred fifty dollar ($550.00) 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 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. Page 14 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 a fifty-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 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 Page 15 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 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. Page 16 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. A new 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. 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. Page 17 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 Section 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: New Year's Day Martin Luther King's Birthday Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Day after Thanksgiving Christmas Eve Christmas Day New Year's Eve Section 2 January First Third Monday in January Last Monday in May July Fourth First Monday in September November Eleventh Fourth Thursday in November Friday following Thanksgiving Day December twenty-fourth December twenty-fifth December thirty-first 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: A. B. C. D. E. Formal leave of absence Job incurred injury Funeral leave Subpoena as a witness Excused in writing at sole discretion of the Fire Chief: excludes casual day Page 18 F. Non -job incurred injury or illness of less than two [2] months duration with proper doctor's documentation. Section 3 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. 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 work a 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 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. 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 Page 19 It is the purpose of this sick leave provision to protect the employee from financial Toss 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. 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. 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 his/her 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 Page 20 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 a fifty-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 a fifty-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: 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 Accrual of sick leave shall terminate upon discharge, resignation, retirement, lay-off or death of the employee. Section 6 Any unused portion of sick leave shall accumulate from fiscal year to fiscal year to a maximum of one -hundred (120) sick days. Employees will be paid 100% of accrued Page 21 sick leave at retirement. Payment will be based on the employee's regular (straight time/base) rate of pay at retirement. Payment will be made bi-weekly over a five year period. In order for a retiring employee to be eligible for such payment, he/she 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 Iowa Pension System immediately upon retirement. In the event a retired employee dies before all of the unused sick leave is paid, such payment will cease at the time of the retired employee's death. The regular (straight time/base) 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 (straight time/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 and one sick day shall equal twelve (12) hours. 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 employee's spouse Seven [7] calendar days with a maximum of five [5] working days pay. B. Death of an employee's child or step -child Three [3] scheduled working days. C. Death of other members of an employee's immediate family Relationships which are considered as other members of the employee's family are: mother, father, mother-in-law, father-in-law, stepmother, stepfather, sister, sister-in-law, brother, brother-in-law, grandfather, grandmother, grandchild. 1. 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 Page 22 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 [241 Hour Work Day Schedule A. Death of an employee's spouse Seven [7] calendar work days with a maximum of three [3] working days with pay. B. Death of an employee's 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 employee's immediate family Relationships which are considered as other members of the employee's family are: mother, father, mother-in-law, father-in-law, step -mother, step -father, sister, sister-in-law, brother, brother-in-law, grandfather, grandmother, grandchild. 1. 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. Page 23 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 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 reimbursement, 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 Page 24 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 PREGNANCY LEAVE An employee's pregnancy, child birth or related medical condition is regarded as a temporary disability. The commencement and duration of leave, availability of extensions, accrual of seniority and other benefits and privileges, reinstatement, and payment under the City's health insurance, disability insurance or sick leave plan, formal or informal, shall be applied to a disability due to the employee's pregnancy, child birth or related medical condition on the same terms and conditions as they are applied to other temporary disabilities. 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, child birth or related medical condition. The employee may use other available paid leaves such as vacation, compensatory time or casual day or a leave of absence without pay during the period of temporary disability. A leave of absence without pay beyond the period of temporary disability may be granted in accordance with Article 29, LEAVE OF ABSENCE WITHOUT PAY, of this Agreement. The employee is responsible for providing timely notice of the period of leave requested. The City reserves the right to require that the employee's disability resulting from pregnancy be verified by medical certification that the employee is not able to reasonably perform the essential functions of her position. ARTICLE 32 SAVINGS 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 portion thereof restrained or declared null and void in the decision and the remainder of this Agreement shall remain in full force and effect. Page 25 ARTICLE 33 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 26 ARTICLE 34 DURATION AND NEGOTIATIONS The Agreement shall be effective as of the first (1st) day of July, 2014 and shall remain in full force and effect through the thirtieth (30th) day of June, 2015. Negotiations for a succeeding Agreement to become effective on July 1, 2015 shall begin after August 15, 2014, but not later than October 15, 2014. Signed this (0 day of Ser �1-cam ,2014. DUBUQUE PROFESSIONAL CITY OF DUBUQUE, IOWA FIREFIGHTERS' ASSOCIATION, LOCAL # 353 C det—/fr-^ PRESIDENT ATTEST: