Collective Bargaining Agreement_Dubuque Professional Firefighters Association Local 353THE CITY OF
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Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
Dubuque
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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
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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
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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
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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
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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
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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
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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.
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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: