HomeMy WebLinkAboutContract Local No. 316 I.A.F.F. i'-
1` t c
's'—r .4 RECEIVED
OCT 0 6 2021
CITY CLERK'S OFFICE
CONTRACT
LOCAL NO. 316 LA.F.F.
AND
CITY OF OSHKOSH
2021-2023
INDEX
ARTICLE PAGE
I Recognition of Representation . 4
II Management Rights . 4
III Probationary and Employment Status 4
IV Normal Work Week,Normal Work Day,Normal Work Schedule. 4-5
V Pay Policy . 5-6
Compensatory Time. 6
VI Call-In Time and Off Duty Time . 6
VIE Overtime . 6-8
Recording of Total Overtime Hours Worked 8-9
VIII Seniority . 9
IX Move-up Language . . 9-10
X Insurance—
Medical Benefits Plan . 10-11
Dental Insurance . 11
Life Insurance. . 11
Income Continuation Insurance 11
XI Section 125 Plan . . 11
XII Retirement . 11
XIII Authorized Absence
Vacation . . 12-13
Sick Leave . 13-15
Funeral Leave . 15
Holiday Leave 15
Temporary Military Leave . 15
Leave of Absence Without Pay . 16
Authorized Absence With Pay . 16
XIV Rules and Regulations . 16
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XV Negotiations 16
XVI Conduct of Business . 17
XVII Present Benefits . 17
XVIII Evaluation Report . 17
XIX Promotional Procedure . 17-18
XX Retention of Rights . 18
XXI Union Bulletin Board . 18
XXII Reopener . 18
XXIII Termination of Employment 18
XXIV Grievance Procedures . 19-20
XXV Disciplinary Action 20
XXVI Uniforms 20-21
XXVII Light Duty 21-22
XXVIII Agency Shop 22-23
XXIX Wages and Fringe Benefits . . 23
Duration . 23
EXHIBIT A- Wages and Fringe Benefits 24-25
Movement on Pay Schedule . 25
Lateral Transfer Pay . 25
Longevity . 25
Classification Pay . 25
Paramedic &EMT Pay . 25-26
Transport Pay . 26
Special Teams Pay . 26
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ARTICLE I
RECOGNITION OF REPRESENTATION
The City of Oshkosh(hereinafter"Employer"or"City")recognizes Local 316,IAFF(hereafter"Union")as the
exclusive collective bargaining representative for the purpose of conferences and negotiations with the employer,
or its lawfully authorized representatives,on questions of wages,hours and conditions of employment for the unit
of representation consisting of all employees of the employer employed in the Fire Department,excluding only
the ranks of Assistant Chief/Battalion Chief, and Chief.
ARTICLE II
MANAGEMENT RIGHTS
The City possesses the sole right to operate City government and all management rights repose in it, but such
rights must be exercised consistently with the other provisions of this agreement.
The powers, rights and/or authority herein claimed by the City are not to be exercised in a manner that will
undermine the Union or as an attempt to evade the provisions of this agreement or to violate the spirit,intent or
purposes of this agreement.
ARTICLE HI
PROBATIONARY AND EMPLOYMENT STATUS
Upon successful completion of the prescribed probationary period the employee shall be classified as a
permanent employee, and shall be entitled to the rights outlined in this agreement.
Proper records indicating the status of each employee shall be completed at the end of the prescribed probationary
period and a copy of such record shall be provided the employee.
Upon completion of one year service in the Fire Department, an employee shall be classified as a permanent
employee and shall be entitled to the rights outlined in this agreement. During the first year of service, an
employee shall be considered on probation and may be terminated for any reason. It is understood between the
Union and the City that all firefighters shall be required to complete paramedic training,not contingent on their
probation status.
ARTICLE IV
NORMAL WORK WEEK-NORMAL WORK DAY-NORMAL WORK SCHEDULE
In 2021,the average normal work week for the Fire Department shall be fifty-six(56)hours to be worked on a
three (3)platoon system, utilizing a duty system of twenty-four(24) hours on duty starting at 7:00 a.m. and a
forty-eight(48)hours off duty.
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Effective the first new FLSA work period of 2022, the average normal work week for the Fire Department
shall be fifty-six (56) hours to be worked on a three(3)platoon system,utilizing a duty system starting at
7:00 a.m. of twenty-four(24)hours on duty, twenty-four(24)hours off duty, twenty-four(24)hours on duty,
twenty-four(24)hours off duty,twenty-four(24)hours on duty, ninety-six (96) hours off duty,with the
exceptions of the following classifications:
A. Captain of Instruction
B. Captain of Inspection
The work week for the following classifications shall be forty(40)hours to be worked in four(4)consecutive ten
(10) hour days, from 7:00 a.m. to 5:00 p.m. either Monday, Tuesday, Wednesday, Thursday or Tuesday,
Wednesday, Thursday, Friday:
A. Captain of Instruction
B. Captain of Inspection
Captain Inspector and Captain Instructor may be moved to a 56 hour work week for a minimum of 2 week
periods and a maximum of three times per year,not to exceed six calendar weeks per year. Both positions would
be placed back to the position from where they were promoted during the 56 hour work weeks.
In some cases an individual will voluntarily work an extra 24 hour shift and then take 3 days in a row off instead
of time and one half. (Platoon transfer.)
The words platoon transfer in the above sentence shall mean a transfer of a permanent nature,not a temporary
transfer. A permanent transfer shall consist of no less than five(5)work days.Transfers of any nature shall not
be used to circumvent compensatory time and one-half. Any employee who volunteers to attend schools during
their off duty time will receive expenses that will cover meals,lodging,mileage,and registration fee if approved
by the administration. No other compensation for off duty time involved will be paid.
ARTICLE V
A. PAY POLICY
The Employer shall have all payroll checks available in the fire house at 1:00 p.m. on every other Friday.
Paydays will be bi-weekly with a one(1)week hold back. In the event such days are legal holidays,checks will
be issued on the day preceding.
Employees shall be compensated within the pay ranges set forth in the classification and pay plan of the
Employer and in accordance with the rules for administration included therein. Attached as an appendix to this
agreement are the job classifications and pay schedules. The hourly rate will be computed as follows:
Bi-weekly rate+longevity
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The Employer shall determine the table of organisation or position count,that is,the number of employees to be
assigned to any job classification and the job classification needed to operate the Employer's facilities. The
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Union shall be notified of any change in the Table of Organization.All employees shall participate in the direct
deposit payroll system.
B. COMPENSATORY TIME
Compensatory time to be granted at the rate of time and one-half for all time over the normal work week. All
compensatory time will be recorded and may be used for any number of hours upon request of the employee,with
the approval of the department head. Employees may maintain a compensatory balance of no more than ninety-
six(96)hours.
Unused balances of compensatory time shall be paid at the rate of pay in effect at the time it was earned. Checks
shall be issued the last pay check in December.
ARTICLE VI
CALL IN TIME & OFF DUTY TIME
All scheduled overtime shall be worked at the rate of time and one-half with a guaranteed three (3) hour
minimum. The City must give no less than twelve (12) hours advance notice to an employee when canceling
their previously scheduled overtime. In the event the City's notice is less than twelve(12)hours,the employee
shall be granted the three(3)hour minimum pay at time and one-half. In the event an employee is required to
work unscheduled overtime,they shall be compensated at the rate of time and one-half plus an additional three
(3)hours pay at straight time. An employee who works overtime as a continuation of straight time will be paid
for such time at time and one-half but will not receive the three hours call in time. An employee requested to stay
in the following day of their normal tour is paid time and one-half for hours worked. Scheduled time shall be
defined as time scheduled at least twenty-four(24)hours in advance. This provision shall not prevail in the event
of a platoon transfer. Personnel scheduled to attend schools,conferences,or other functional activities during off
duty time receive time and one half for time involved.
Off duty time shall be defined as any time outside of your regularly scheduled hours,also vacation time,and any
time off due to compensatory time.
ARTICLE VII
A. OVERTIME
When a situation occurs which necessitates the hiring of overtime,whether"off'duty personnel are called in or
"on"duty personnel work as a continuation of shift,to work hours in excess of a normal work day or work week,
the following rules will apply:
1. All overtime,except FLSA overtime,shall be recorded for all personnel at the direction of the Fire Chief
or designee. Overtime for all personnel shall be recorded.
2. Overtime for line personnel will be for the position vacant. An exception is if a Captain or Paramedic is
needed to fill a vacancy then the vacancy will be filled by moving personnel on duty into the position if
possible and then hiring from the officers category to replace the Captain or hiring from the Fire Fighter
list to replace the Fire Fighter/Paramedic.
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3. Overtime shall be awarded by the "lowest total number of hours worked seniority system". Seniority is
defined as the number of years an individual has been a member of the Oshkosh Fire Department.
4. When a vacancy occurs with forty-eight(48) hours or less notice, overtime will be offered to
personnel in the appropriate category via text message. Personnel will have fifteen(15) minutes to
reply with affirmative interest. Awarding of the overtime will then be given to the employee that
responded with the lowest number of hours and most seniority. The City is not responsible for
phone malfunctions.
5. When a position vacancy occurs or overtime is necessary as an extension of a normal work day, the
individual who is qualified with the lowest total number of overtime hours worked with the most
seniority in the appropriate category will have the first opportunity to accept the overtime. If the first
individual does not work,the next individual with the next lowest total number of overtime hours worked
and most seniority will be called and so on until the overtime assignment is filled.
6. An exception to number 4 and 5 is when overtime is necessitated for an individual who has special
expertise. In this case, the Fire Chief or designee may bypass the procedure in number 4 and 5, and
award overtime for direct use of the individual's special expertise only and not to bypass the selection
process in number 4 and 5 above.
7. An exception to number 4 and 5 is in times of genuine emergency and overtime is necessary for public
safety,the Fire Chief or designee may bypass the selection process in number 4 and 5 and call in for duty
any firefighter they choose for the duration of the emergency only.
8. When an Officer cannot be hired to replace an Officer,the Equipment Operator with the lowest total of
overtime hours worked and most seniority and is qualified will be contacted next, and so on until the
overtime assignment is filled. The same procedure will apply to fill the position of Equipment Operator.
9. Except as provided herein, an individual has the right to turn down any overtime assignment, unless a
position must be filled and no one else has been found to take the assignment. Then the individual who
has the least time in the position must accept the overtime assignment at the discretion of the Fire Chief
or designee. However,with respect to the rank of firefighter/paramedic filling a twenty-four(24)hour
shift,the individual who is next up in the"ordered in"rotation and not currently working the shift or on
paid leave, must accept the overtime assignment. The"ordered in"rotation will consist of the five(5)
least senior employees per shift. If there is no one available from the"ordered in"rotation then the next
person with the least time in the position must accept the overtime at the discretion of the Fire Chief or
designee.
10. Overtime will be compensated at the rate of 1 1/2 times the individual's normal hourly rate for the
classification in which the individual performs except for special events/contracted stand-by services.
Overtime calculation for Special Events/Contracted Stand-by Services:
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The hourly rate for Special Events/Contracted Stand-by Services will be computed as follows:
Biweekly pay+longevity
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All overtime worked for special events must be taken in pay
12. Overtime records will be maintained on a daily basis by the Fire Chiefs designee and an overtime status
report provided periodically.
13. In the event an error is made,the person working the overtime shall be paid and the individual passed by
shall be given the first opportunity for the next overtime only,in their category. When an opportunity for
an overtime assignment cannot be offered by the end of the year, the person passed by shall be paid.
B. RECORDING OF TOTAL OVERTIME HOURS WORKED
1. The overtime lists will be by job category; officer, equipment operator and firefighter. Within each
category,the employee with the most seniority as a member of the Oshkosh Fire Department will be first.
2. The overtime list will be continued at the end of the year. In the event the list will start over, the City
shall be notified in writing two weeks before the effective date.
3. An individual may notify the Fire Chief in writing if they do not wish to participate in overtime and then
the individual will not be included. The individual will be reinstated on the overtime list upon written
notification of the Fire Chief and then the individual will be assigned a number of hours worked equal to
the individual in the same category with the highest number of hours worked.
4. If an individual is promoted, they will be placed in the new category and assigned the same number of
hours worked from their previous category.
5. When overtime is worked,the total number of overtime hours will be accumulated and will be recorded
on the overtime list.
6. Overtime accepted in advance of performance will be recorded as worked when the assignment is
accepted.
7. Personnel on sick leave,medical, family,funeral and emergency leave will not be eligible for overtime.
8. New hires will be given a "total number of hours worked" equal to the total of the individual with the
highest total in the firefighter category.
9. When an individual changes jobs and work schedules from a 40 hour to a 56 hour work week,they will
be placed in their appropriate category(56 hours) and are assigned the same number of hours worked
from their previous category(40 hours). Any employee with five years or more in a 40 hour work week
position changing jobs and schedules to a 56 hour work week, will be given a "total number of hours
worked" equal to the total of the individual with the highest total in the 56 hour category. Employees
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going from a 56 hour to a 40 hour work week will carry over their same number of hours worked from
their previous category(56 hours).
ARTICLE VIII
SENIORITY
The Employer agrees to the seniority principle.
Seniority shall be established for each employee and shall consist of the total calendar time elapsed since the date
of their employment. Seniority for employees hired on the same day will be determined by position on the hiring
list. Seniority rights terminate upon discharge determined after appellate rights have been consummated,or upon
resignation of the employee.
ARTICLE IX
MOVE UP LANGUAGE
When more personnel are on duty than are necessary to minimally staff fire department apparatus and there are
qualified personnel on duty to fill vacant positions, the following rules will apply. Otherwise, if overtime is
necessary, hiring will be by overtime policy.
When it becomes necessary to fill the position of Officer of a fire apparatus due to absence, the Equipment
Operator permanently assigned to the fire apparatus with the vacancy will fill the vacant position of Officer. The
most senior Firefighter permanently assigned to the fire apparatus shall fill the position of Equipment Operator.
When it becomes necessary to fill the position of Equipment Operator due to the assigned Equipment Operator
moving to acting Officer or absence,the most senior Firefighter permanently assigned to the fire apparatus with
the vacancy will fill the Equipment Operator position.
When it becomes necessary to fill the position of Officer or Equipment Operator and the assigned Equipment
Operator or senior Firefighter is not on duty due to a trade,the person who is working for the assigned personnel
shall fill the vacant position on the fire apparatus if qualified.
A Firefighter-Paramedic, when not assigned to a rescue unit,will be permanently assigned to a fire apparatus.
They shall fill vacant Equipment Operator positions on that fire apparatus or other apparatus if they are the most
senior Firefighter assigned to that fire apparatus and is qualified for the vacant position.
The Duty Chiefs shall have the right to assign any Equipment Operator or Firefighter to act as driver of
Command 15. If a Firefighter fills this position, they must be compensated at the Equipment Operator rate of
pay.
The availability of"extra"personnel to fill vacant positions shall be the only exception to the above rules.
An"extra"Officer may fill an Officer position which is vacant on another fire apparatus or bump a more junior
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Officer.
An "extra" Equipment Operator may fill an Equipment Operator position which is vacant on another fire
apparatus.
An"extra"Equipment Operator may fill an Officer position which is vacant on another fire apparatus only if the
permanently assigned Equipment Operator is not available or if an individual working for the assigned
Equipment Operator is not qualified.
An"extra"Firefighter may fill a vacant Equipment Operator position only if the permanently assigned Firefighter
is unqualified or absent.
("Extra" is a term for personnel who are available for duty due to being in excess of the minimum number of
personnel needed to staff fire department apparatus. This includes scheduled personnel overages or those
personnel overages resulting from the shutting down of a fire apparatus.)
ARTICLE X
INSURANCE
A. Medical Benefits Plans
The Employer shall provide health coverage.
Health Risk Assessment (HRA): Employee participation in the City's Health Risk Assessment (HRA)
program is voluntary. To receive the preferred premium contribution rate,the employee must participate in
the HRA. Participation by the employee's spouse in the BRA is encouraged but not required. Participation
in the follow-up coaching program is recommended and is offered on a voluntary basis.
The City reserves the right to offer an HRA and select the HRA administrator in its sole discretion. The City
shall pay for the costs to provide the HRA. In the event the City elects to discontinue the HRA program,
employees shall contribute the preferred employee health insurance rates.
The City shall not be entitled to nor shall it receive individual participant HRA reports or information. The
information received by the City concerning the BRA of participants shall be limited to an aggregate
summary report which does not include individually identifiable information.
1. EMPLOYEE CONTRIBUTIONS WITH HEALTH RISK ASSESSMENT(HRA).
Effective January 1, 2021, employees will contribute up to 12% up to a maximum of$153.98 per
month towards single; $288.77 per month towards dual and$356.14 per month towards the family
premium equivalents.
2. EMPLOYEE CONTRIBUTIONS WITHOUT HEALTH RISK ASSESSMENT (11RA).
Effective January 1, 2021, employees will contribute up to 15%up to a maximum of$192.48 per
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month towards single; $360.96 per month towards dual and$445.18 towards the family premium
equivalents.
Note: Health insurance premium contributions are actually made one month prior to the effective
dates shown.
B. Dental Insurance
Employees may participate in the dental plan at the same level of benefits and premium share as offered
and provided to non-represented employees.
C. Life Insurance
The Employer shall pay 100% of the premium of the State's Group Basic Life Insurance Policy. Other
amounts of coverage for the employee and spousal and dependent coverage shall be available to the employee
at their own expense.
D. Income Continuation Insurance
The City shall participate in the State's Group Income Continuation Insurance Program. The City will pay its
employer's share. Employee participation in the State's Group Income Continuation Insurance Program shall
be voluntary.
[NOTE: Participant cost is based on the previous year's average monthly earnings and the employee selected
elimination period of 30,60,90, 120 or 180 calendar days. At the 180 day elimination period,the participant
shall have no cost to participate in the program. This plan is dependent upon all City unions agreeing to same
and meeting eligibility requirements.]
ARTICLE XI
SECTION 125 PLAN
The City shall select the administrator and offer a Section 125 Plan as allowed by law. Prior to adoption the
Union shall have the opportunity to provide input regarding the terms of the plan. Employees will be allowed to
contribute premium contributions,unreimbursed medical expenses,and dependent care expenses into the plan
subject to the plan's rules and regulations.
ARTICLE XII
RETIREMENT
In addition to the Statutory requirements the Employer shall pay to the Retirement Fund up to eight percent(8%)
of the employee's gross wages.
Effective November 1, 2012, an employee shall contribute 3.0% of their gross wages toward the Wisconsin
Retirement System(WRS).
Effective January 1,2013,an employee shall contribute their portion of the Wisconsin Retirement System(WRS)
on the same basis as general employees as determined by the Employee Trust Funds (ETF).
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ARTICLE XIII
AUTHORIZED ABSENCE
A. Vacation—40 Hour Employees:
Vacation will be earned as indicated in the following table:
Number of Continuous Years of One(1)Year Five(5)Years Seven(7) Fifteen(15) Twenty(20)Years
Service Years Years (Eighteen(18)
Years effective
1/1/08)
•
40 Hour Employees 14 days 18 days 20 days 27 days 31 days vacation
vacation vacation vacation vacation
B. Vacation--56 Hour Employees:
Vacation will be earned as indicated in the following table:
Number of Continuous Years of One(1)Year Five(5)Years Seven(7) Fifteen(15) Twenty(20)Years
Service Years Years (Eighteen(18)
Years effective
1/1/08)
56 Hour Employees 6 days 8 days 9 days 12 days 15 days vacation
vacation vacation vacation vacation
Each employee(40 hour and 56 hour)with less than a full calendar year of service in the calendar year preceding
shall be granted a vacation in the succeeding year on a prorated basis equal to the percentage of the year worked
as bears to the prescribed vacation period. Those employees in transitional years shall earn their vacation for that
year on a prorated basis.
Vacations shall be chosen as per Article VIII of the Agreement in accordance with the following:
1. Employees shall choose vacations by seniority.
2. Unless the City determines that its staffing needs allow for larger numbers of employees to be on paid
leave which is defined as vacation time,paid holiday,comp time and combo holiday,no less than a total
of four (4) employees per shift shall be allowed on paid leave. During the months of January and
February, employees assigned to the Training Division, Inspections Division or attending the National
Fire Academy shall count only as the fourth vacation slot. During the months of June,July and August
no less than five (5) employees will be allowed on vacation.
3. Unless the City determines its staffing needs allow for larger numbers of employees on vacation,no more
than two (2) employees per company per shift shall be allowed on vacation at the same time provided
safety is not adversely affected.
4. For 2021,vacations chosen during prime time shall be limited to five(5) consecutive work days for 56
hour employees.Prime time shall be defined as June,July,August,the last two weeks of November and
the last two weeks of December. Employees participating in the second round may use up to an equal
number of vacation days needed to complete a prime-time or out of prime-time vacation slot. The
balance of their vacation days shall then be picked during the third round. Vacation/Paid Holidays; a
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fourth round of paid leave picks will take place as part of the vacation selection process. In this round,
only paid holidays will be selected. Employees with more than five(5)days of vacation coming may take
one five-day pick in prime time and the remainder of the vacation as one pick. An employee with more
than ten(10)days of vacation may take their second pick using all of their remaining vacation days if they
so desire as long as the second pick is out of prime time. Effective the first new FLSA work period of
2022, vacation selections shall be made as either a full "swing" (the five (5) day period in which the
member works every other day for a total of three (3) days) or as a full shift (twenty-four (24) hour
period). In the first round of vacation selection, employees shall pick one (1) or two (2) swings by
seniority. Swings selected in the first round shall be consecutive. In the second round of vacation
selection,employees may pick the balance of the current year's accrued Vacation by selecting full swings
by seniority. Employees with two (2)vacation days remaining to select in the second round may pick
consecutive days within a swing. In the third round of vacation selection, employees shall pick the
balance of their vacation as one or more full shifts by seniority. These days may be consecutive or
nonconsecutive. In the fourth round employees shall pick the balance of their paid Holidays(three(3)or
six (6)days) by seniority.
5. The vacation period shall run from January 1st through December 31 st of each year.
6. The City agrees to the selection of vacations during October and November and the establishment of a
final vacation schedule by the 1st of January of each year.
7. Employees assigned to the same shift,will be allowed to trade vacation days once established.
8. Transfers within the Fire Department made after the vacation schedule has been established will have no
effect on the vacation schedule except in cases of promotions when/if the subsequent transfer causes more
than four employees to be on vacation, demotion, or other emergency situations which may require
transfers.
9. Employees must give no less than twenty-four (24) hours advance notice when canceling previously
scheduled paid leave if the City incurs overtime in scheduling a replacement employee. In the event the
City does not incur overtime in scheduling a replacement employee,then a cancellation notice of less than
twenty-four (24) hours shall be at the discretion of the Duty Chief. Cancelation of the previously
scheduled vacation day or paid holiday must be immediately accompanied by a move to an alternate date
10. On separation,employees shall be paid all vacation due in proportion to the time worked. In the event of
separation prior to completion of one(1)year of service,no terminal vacation shall be paid.
C. Sick Leave
All employees shall be entitled to sick leave credits on the following basis:
All regular full time or probationary employees of the Employer shall accumulate sick leave with pay at the
rate of one(1)working day each month of service, an unlimited accumulation of sick leave.
An employee may use sick leave with pay for absence necessitated by injury or illness, or exposure to
contagious disease when confirmed by a physician,however,routine doctor and dental exams including eye
exams shall be scheduled on off duty time. In order to qualify for sick leave payment, an employee must:
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1. Notify the Duty Chief at least one (1) hour before the scheduled work assignment begins via the
scheduling software. If this system is unavailable, a call to the designated telephone number is the
required alternative.
2. Inform the Duty Chief on their condition if the absence is more than one working day.
3. Submit a doctor's certificate if absent more than two work days (three(3) days for 40 hour employees)
indicating the illness or injury,condition of the employee,the anticipated period of time the employee is
to be absent, the projected return to duty date or date of the next scheduled appointment. An updated
certificate shall be submitted after each appointment.
4. Inform the Personnel Chief of their condition on a weekly basis or other prearranged schedule if an illness
or injury should require an extended sick leave period.
5. Fill out an"Application for Sick Leave and Emergency Leave"form and submit it to the Duty Chief. The
Duty Chief shall approve or deny the request.
It is recognized that the serious injury or illness of the spouse or child of the employee may adversely affect
the ability of the employee to perform their duties efficiently and may necessitate the use of sick leave. The
use of sick leave for family illness or injury shall be allowed up to a 24 hour period. For special or unusual
circumstances,prior permission shall be obtained if the absence is expected beyond the 24 hour period. The
employee shall submit an"Application for Sick Leave or Emergency Leave"including which family member,
date of illness or injury,the attending doctor and be prepared to give other information upon request. Any
leave granted for reasons listed in this subsection shall be subject to the general sick leave provisions with
approval of the Fire Chief.
If an individual is injured or incapacitated before their vacation commences,they may be placed on sick leave
and the unused vacation would be rescheduled at the discretion of the department. The intent of the provision
is that no vacation shall be permitted to accumulate from one year to the next unless,in the sole opinion of
the Chief, special circumstances warrant the carrying over of said vacation into the next year. In such
instances,the Chief shall inform the Personnel Office in writing of the circumstances and request a waiver of
the policy. In no cases shall this extension be granted beyond April 30 of the following year.
In addition to the employee's right to accumulate sick leave without limitation,unused accumulated sick leave
up to 100 days shall be paid at 45%the employee's rate in effect at the time of death,disability or separation
for those employees who retire on an immediate annuity under the WRS. For purposes of computing the
daily rate of pay for 40 hour employees it will be computed as a 56 hour employee. Maximum is 45 work
days.
As another option,an employee may request to have up to the total sick leave payout amount placed in their
457 account at separation. An employee who will attain 50 years of age in any given year, may elect to
deposit payment for up to 45%of 800 hours of accumulated sick leave into their 457 account,for up to three
years, or a total of 45%of 2400 hours. In this case,the actual payment made shall be at the employee's rate
in effect when each payment is made. The amount of hours"cashed in"each year shall be deducted from the
employee's balance of unused sick leave,and will also diminish the separation payment available by the total
amount cashed in. These options are only available to those employees who meet all rules,regulations,and
requirements of the plan administrator.
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Upon written election by the employee filed with the Director of Administrative Services or designee an
employee injured while on duty and otherwise covered under the provisions of the Workers' Compensation
Act,may use accumulated sick leave so as to draw as paid sick leave an amount which equals the difference
between the regular salary and Workers' Compensation weekly benefits and such sick leave accumulations
charged with 1/3 of a day for each such day; in the case of members of the police and fire departments for the
first year of injury. See 4:08 of this code.
D. Funeral Leave
In the case of death in the immediate family of a regular employee(parents, children,spouse,father-in-law,
mother-in-law, brother, sister, brother-in-law, sister-in-law, step-child, step-parents, grandchildren,
grandparents,son-in-law,daughter-in-law,half-brother,half-sister or guardian)the employee will be paid for
the scheduled time lost from the day of death up to and including the calendar day after the funeral, not to
exceed three(3)scheduled work days for 40 hour employees(two days for other employees)at their regular
straight time,hourly rate.No funeral leave will be paid to any employee while on sick leave or any leave of
absence. In the event the employee is called off from duty because of death of an above relative,that duty
day shall not be counted as part of this provision.
E. Holiday Leave
Captain Inspector and Captain Instructor, shall sometime between the dates of January 1 and December 31,
receive ten (10) working days off with pay for the following holidays: New Year's Day, Good Friday,
Memorial Day,Independence Day,Labor Day,Thanksgiving Day,Christmas Eve, Christmas Day,and two
floating holidays which shall be earned at the rate of 2/10 day for each month worked but not to exceed two
days. All other employees shall receive six(6)working days off with pay in lieu of the holidays listed above
or at their option, forfeit the time off and receive payment for three (3)days and three(3)working days off
with pay or six(6)days' pay at the employee's current base rate. Employees who wish payment in lieu of
holidays must notify the Department of Administration by September of the year in which the holidays are
earned. Payment will be due the first paycheck in November.
All other employees with the exception of Captain Inspector and Captain Instructor, shall receive one
combination holiday as time off. After 25 years of service,all other employees with the exception of Captain
Inspector and Captain Instructor,shall receive an additional eight(8)hours combination holiday as time off.
This combination holiday time shall follow the same rules for scheduling as paid holidays. If combination
holiday time cannot be scheduled due to staffing constraints,it shall be paid out in straight time as outlined in
Article XIII (Holiday Pay).
Employees in the following classifications of: Captain Inspector, Captain Instructor, shall receive their
regular scheduled pay for the above mentioned holidays not worked. When any of the above mentioned
holidays fall on a Sunday, the following Monday shall be deemed a holiday. When any of the above
mentioned holidays fall on a Saturday,the previous Friday shall be deemed a holiday. When any of the above
mentioned holidays fall on a weekday on which the employee is not scheduled to work,the closest workday
shall be deemed a holiday. Floating holidays shall be subject to the department work schedule and staffing
requirements.
F. Temporary Military Leave
Employees who are members of the National Guard or Military reserve shall be granted temporary military
leave for annual tour of duty without pay; or vacation time may be applied at discretion of employee.
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G. Leave of Absence Without Pay
Requests for leave of absence without pay for justifiable reasons will be granted for reasonable periods of
time by the employer except that no employees shall be granted a leave of absence in order to seek other
employment.
Leave to attend conferences,or special association meetings shall be considered one form of leave within the
meaning of the section.
H. Authorized Absence With Pay
It is agreed that official delegates (not to exceed 4)together with State Officers/Executive Board Members
(not to exceed 2), shall be granted leaves with pay to attend the state conventions, in the even years and
continuing in the odd years the Local Officers Class,and one member to attend I.A.F.F.National Convention,
and two delegates to attend Wisconsin Affiliates Leadership Training.
All leaves under this section shall be subject to the staffing requirements of the Department.
ARTICLE XIV
RULES AND REGULATIONS
The Employer may adopt and publish rules which may be amended from time to time,provided,however,that
such rules and regulations shall be first submitted to the Union for its information prior to the effective date.
This article in no way will affect the rules and regulations falling under the jurisdiction of the Police and Fire
Commission as set forth in state statutes. The Employer agrees that any rules or regulations pertaining to wages,
hours, and conditions of employment whether now in force or hereafter adopted shall be voided by this
agreement.
ARTICLE XV
NEGOTIATIONS
Negotiations shall proceed in the following manner:the party requesting negotiations shall notify the other parties
in writing of its request not earlier than the 1st day of May nor later than June 1st. An initial meeting of the
parties shall be called by the 1st day of August. The party upon whom such request is made shall have the
opportunity to study such request and make an offer or counter offer to the other party within fifteen(15) days
thereafter.
The parties hereto agree that time spent in the conduct of grievances and negotiations shall not result in reduction
of the employee's wages nor in the payment by the employer of overtime or compensatory time.
The Employer agrees not to enter into any other agreement,written or verbal,with the employees individually or
collectively.
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ARTICLE XVI
CONDUCT OF BUSINESS
The Union agrees to conduct its business off the job as much as possible. This article shall not operate as to
prevent authorized Union personnel from the proper conduct of any grievance in accordance with the procedure
outlined in this Agreement.
Representatives of the Union having business with the officers or individual members of the Union may confer
with such officers or members during the course of the work day for a reasonable time,provided,that permission
is first obtained from the Duty Chief in charge of such officers or members,which consent shall not be unrea-
sonably withheld.
ARTICLE XVH
PRESENT BENEFITS
The parties agree to maintain the present level of benefits and policies that primarily relate to mandatory subjects
of bargaining, not specifically referred to in this agreement. This provision is expressly limited to mandatory
subjects of bargaining.
The parties agree that stand-by time activities will be governed by the terms of Policy 116,dated November 22,
2000.
ARTICLE XVIII
EVALUATION REPORT
Copies of evaluation report for all employees shall be made in triplicate, one copy to be delivered to the
employee,one copy filed in the Personnel Office in City Hall and one copy filed in the Office of the Chief of the
Department. At the time of delivery to the employee the report shall be in final form as filed in the other two
offices.
ARTICLE XIX
PROMOTIONAL PROCEDURE
Promotion to the ranks of Equipment Operator and Fire Lieutenant shall be made by the Fire Chief,subject to the
approval of the Police and Fire Commission,in order of the most senior qualified candidate from the promotion
list. Seniority for purposes of promotion shall be based on time in current grade. Every candidate receiving a
promotion shall be subject to completion of a successful one-year probationary period in the promoted rank.
During probation,an employee will be formally evaluated every three(3)months or more frequently if necessary.
An employee shall be notified of a deficiency(ies)and a specific procedure(s)to correct the deficiency(ies). An
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employee may be returned to their former position at their former rate of pay in the event the employee does not
correct the deficiency(ies) identified.
Qualifications for staff positions,including the promotional criteria and composite score necessary for promotion,
shall be established by the Fire Chief. Promotions to all other positions shall be made by the Fire Chief.
ARTICLE XX
RETENTION OF RIGHTS
Each party to this agreement expressly retains all rights possessed by it or them under Wisconsin or Federal
Laws,regulations or statutes. In the event that any clause,provisions or portions of this agreement is held invalid
or inoperative such invalidity or inoperativeness shall not affect other clauses, provisions or portions of this
agreement. The parties hereby declare their intent that all clauses,provisions and portions of this agreement are
severable.
If said invalidity arises through conflict with a specific statute, then the statute shall govern that portion of the
agreement which is in conflict, and negotiations shall be instituted to adjust the invalidated clause.
ARTICLE XXI
UNION BULLETIN BOARD
The Union is hereby granted permission to post notices, announcements, and other legitimate materials on the
bulletin boards of the engine houses.
ARTICLE XXII
REOPENER
If,during the course of the contract year,any article of this agreement may be opened for negotiations by mutual
consent of both parties to this agreement,negotiations under this article shall be restricted to that article stated in
the request for discussion.
ARTICLE XXIII
TERMINATION OF EMPLOYMENT
The Employer shall pay all monies due employees upon the termination of employment and shall furnish such
employees with a statement of employment if requested to do so by such employee.
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ARTICLE XXIV
GRIEVANCE PROCEDURES
The word"grievance"as used in this agreement is any dispute which involves the interpretation,application of,
or compliance with the provisions of this agreement or past practices primarily related to wages,hours, and/or
conditions of employment or impact which primarily relate to wages, hours, and working conditions resulting
from the City's administration of past practices.
Both the Union and the City recognize that a grievance should be settled promptly and at the earliest possible
stage and the grievance must be initiated within five(5)days of the incident or within five(5)days of the time
the aggrieved should have had knowledge of the incident.
STEP 1. The aggrieved employee shall present the grievance orally to a steward. The steward and/or the
aggrieved shall attempt to resolve the grievance with the immediate supervisor,who may call other
supervisors into the discussion.
STEP 2. If the grievance is not resolved at the first step, it shall be presented in writing to the department
head, within seven (7) days (excluding Saturday, Sunday and Holidays) and a copy sent to the
personnel office. The department head shall, within 3 days hold an informal meeting with the
aggrieved and the union representatives to discuss the grievance. The department head shall then
within seven(7)days,(excluding Saturdays,Sundays,and Holidays)furnish the aggrieved and the
Union a written answer to the grievance. A copy of the written answer will be also sent to the
personnel office.
STEP 3. If the grievance is not resolved at the second step, it shall be presented by letter to the City
Manager,within seven(7)days(excluding Saturday,Sunday,and Holidays). The City Manager,or
designee, will within 7 days (excluding Saturdays, Sundays, and Holidays) hold or have held an
informal meeting with the aggrieved and Union representatives for discussion of the grievance. The
City Manager shall then,within 3 days (excluding Saturdays, Sundays, and Holidays)furnish the
Union and aggrieved with a written answer to the grievance.
STEP 4. If the grievance is not resolved within Step 3, it shall be submitted to arbitration,within seven(7)
days, (excluding Saturday, Sunday,and Holidays). Upon receipt of notice of arbitration,the party
initiating the arbitration shall present in writing to the Wisconsin Employment Relations
Commission the grievance and a request for a list of 5 arbitrators to be submitted to both parties.
The parties shall within 5 days of receipt of list meet for the purpose of selecting arbitrator each
party in turn striking a name from the list until one name remains. The last name shall become the
arbitrator. The decision of the arbitrator shall be final and binding and they shall have no right to
amend, modify, ignore or add to the provisions of this agreement. Expenses for the arbitrator
services and the proceedings shall be borne equally by the Employer and the Union. However,each
party shall be responsible for compensating its own representatives and witnesses. For City
purposes the arbitration procedures shall follow that outlined in State Statutes.
All grievances and solutions shall be made in writing and a copy presented to the personnel office.
Any employee may process a grievance as above outlined,but the Union shall have the right to be present and act
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in support of its position in the matter of the grievance.
If the time limits stipulated in their respective steps are not met,the grievance shall automatically progress to the
next higher step.
ARTICLE XXV
DISCIPLINARY ACTION
The progression of disciplinary action shall be oral reprimand or written reprimand. A union steward or official
will be present with the employee at the time an oral or written reprimand,suspension,or dismissal is registered
with the employee. The Union agrees to have a steward or acting steward on each platoon shift.
The employee and Union shall be furnished a copy of any written notice of reprimand or suspension. A written
reprimand sustained in the grievance procedure or not contested shall be recorded.
Any employee shall have the right to the presence of a steward when work performance or conduct or other
matter affecting their status as an employee are the subject of discussion for the record.
Any suspension,demotion,or dismissal is under the jurisdiction of the Police and Fire Commission as governed
by the State Statute.
ARTICLE XXVI
UNIFORMS
The City shall provide all required clothing and operate a clothing commissary in accordance with the
memorandum of understanding signed by both parties and incorporated by reference herein. The City agrees to
provide a maintenance allowance of$65.00 per year payable in January. In the event an employee has worked
less than 12 months in the preceding calendar year the amount shall be prorated. In addition, the City shall
provide all turnout gear.
The Union agrees that it is the right of the Chief to determine the type and style of uniform to be worn by the
personnel.
Clothing inventory will consist of NFPA 1975 compliant items:
Trousers Shirts—Long or short sleeves
Three Seasons coat Sweatshirt
Shoes black—safety Belt—black leather
Other clothing items such as socks and undergarments shall be provided by the employee and be 100%cotton
and compliant with Policy 1176.00.
Inventory items will consist of the following quantities:
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4- Trousers
6 -Uniform shirts/uniform t-shirts at least two of which shall be uniform shirts
1 -Pair- shoes/black- safety toe, same style, oxford or lace style boot
1 - Black belt/silver buckle
1 - Three Seasons coat
Up to 2—uniform sweatshirt/job shirt
Clothing style and clothing material will be selected by the City with input from the Union.
All accessories to uniform, such as patches,name tags,badges,would be provided by City. Patch will be sewn
on at City expense.
Any alteration expenses at issue will be at City expense.
All presently used"Three Seasons" coats would continue to be used and replaced as needed.
All new employees would receive a complete clothing inventory as presently issued. New employees would not
receive an initial clothing allowance.
Discussion will be implemented with the Union if changes are anticipated in the style, color or quantity of
inventory.
Surveyed items would be replaced as necessary, considering a reasonable time for sizing and delivery.
All clothing items would be returned to the City upon employment termination/retirement, etc. Non-returned
items would be charged against the employee's termination pay at replacement value.
The dress uniform(cap,trousers,and blouse)will no longer be required to be maintained by the employee. The
employee has the option to maintain their uniform. The City will maintain an inventory of uniforms. Uniforms
will be checked out as needed and returned. Member will provide white shirt and black shoes when dress
uniform is worn.
Any items required by the City will be purchased by the City.
ARTICLE XXVII
LIGHT DUTY
Employees who are recuperating from an"on-the-job" injury shall return to perform light duty work consistent
with their abilities as determined by the employee's physician. The type of work shall be consistent with the
duties and responsibilities of the employee's job description. The employee shall, upon request, furnish the
employer with a physician's statement specifying the type of work the employee may be assigned. The statement
shall specify medically necessary restrictions, if any.
The Employer may establish a work schedule which is consistent with Article IV and the employee shall receive
the benefits of that work schedule. The employee shall be allowed paid time off for doctor visits,tests,therapy,
or other medical treatment, for the treatment of the employee's injury if the time needed cannot be arranged
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It is expressly understood and agreed that Union will refund to the employer or the employee involved any dues
erroneously deducted by the employer and paid to IAFF and/or the Local Union.Union shall indemnify and hold
the employer harmless against any and all claims,demands,suits,order,judgments or any other forms of liability
against Employer which may arise out of Employer's compliance with this Article,provided that the defense of
any such claims, demands, suits or other forms of liability shall be under the control of the Union and its
attorneys. However, nothing in this section shall be interpreted to preclude the City from participating in any
legal proceedings challenging the application or interpretation of this article through representatives of its own
choosing and at its own expense.
ARTICLE XXIX
WAGES AND FRINGE BENEFITS
Wages reflected on attached salary schedule marked Exhibit A.
DURATION
This Agreement shall be effective on January 1, 2021 and shall remain in full force and effect until and
including December 31, 2023 and shall be automatically renewed from year to year unless negotiations are
instituted by August 1, 2023, AND THE FIRST DAY OF AUGUST of any subsequent effective year of this
agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this ), day of
S oar-► oeS' , 2021.
BY:
CITY OF OSHKOSH INTERNATIONAL ASSOCIATION OF FIRE
FIGHTERS, LOCAL 316, OSHKOSH
Mark A. Rohloff, City Manager Local 316 Pr Olt
Attest:
Local 316 Secretary
l'ALI2Z1c1--))[ANzn
Pamela R. Ubrig, City Clerk
I hereby certify that the necessary provisions Approved:
have been made to pay the liability which will
accrue under this contract.
City Comptroller Ly . Lorenson, City Attorney
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u �
EXHIBIT A
WAGES AND FRINGE BENEFITS
Effective at the beginning of the pay period that includes January 1, 2021 (2.50%)
CLASS RNG RATE
Fire Captain 4 Biweekly 3301.03
Fire Captain Instructor Monthly 7152.23
Fire Captain Inspector
Fire Lieutenant 3 Biweekly 3174.06
Monthly 6877.13
Fire Equipment Operator 2 Biweekly 3021.77
EMS Shift Coordinator Monthly 6547.16
Firefighter 1 RATE - See A thru H below.
A B C D E F G H
Biweekly 1940.76 2042.93 2186.79 2330.51 2474.31 2618.14 2761.86 2905.54
Monthly 4204.98 4426.34 4738.04 5049.43 5361.00 5672.63 5984.03 6295.33
Official Rates are Biweekly rates.
WAGES AND FRINGE BENEFITS
Effective at the beginning of the pay period that includes January 1, 2022 (2.25%)
CLASS RNG
RATE
Fire Captain 4 Biweekly 3375.30
Fire Captain Instructor Monthly 7313.15
Fire Captain Inspector
Fire Lieutenant 3 Biweekly 3245.48
Monthly 7031.87
Fire Equipment Operator 2 Biweekly 3089.76
EMS Shift Coordinator Monthly 6694.48
Firefighter 1 RATE-See A thru H below.
A B C D E F G H
Biweekly 1984.43 2088.90 2235.99 2382.95 2529.98 2677.05 2824.00 2970.91
Monthly 4299.59 4525.95 4844.64 5163.05 5481.62 5800.27 6118.66 6436.97
Official Rates are Biweekly rates.
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L
WAGES AND FRINGE BENEFITS
Effective at the beginning of the pay period that includes January 1, 2023 (2.50%)
CLASS RNG RATE
Fire Captain 4 Biweekly 3459.68
Fire Captain Instructor Monthly 7495.97
Fire Captain Inspector
Fire Lieutenant 3 Biweekly 3326.62
Monthly 7207.67
Fire Equipment Operator 2 Biweekly 3167.00
EMS Shift Coordinator Monthly 6861.83
Firefighter 1 RATE-See A thru H below.
A B C D E F G H
Biweekly 2034.04 2141.12 2291.89 2442.52 2593.23 2743.98 2894.60 3045.18
Monthly 4407.08 4639.09 4965.76 5292.12 5618.66 5945.29 6271.63 6597.89
Official Rates are Biweekly rates.
Movement on Pay Schedule
Employees shall progress from one step to the next every eighteen(18)pay periods based on their anniversary date of hire.
Lateral Transfer Pay
Employees hired after ratification of the 2021 successor agreement who have previous certified public safety experience shall,upon
successful completion of their probationary period,be eligible to progress to the pay step which coincides with one-half of their
recognized experience. Additionally,such employees shall be eligible for vacation accruals in the same manner.
I. Longevity:
Employees who have attained 10-14 years of employment shall receive$500.00 payable the first pay period of the calendar year.
Employees who have attained 15-19 years of employment shall receive$750.00 payable the first pay period of the calendar year.
Employees who have attained 20 and over years of employment shall receive$1,000.00 payable the first pay period of the calendar
year.Those employees reaching their 10th, 15th and 20th year of service shall earn their longevity for that year on a prorated basis.
II. Classification Pay:
Personnel assigned to the next higher classification in the table of organization for a period of time equal to one full working day
shall be compensated at the rate of pay in effect for the classification to which they are assigned at a step which is higher than their
primary classification. Captains serving as Duty Chief shall receive a pay amount equal to the midpoint between A&B for the
Battalion Chief classification in the Oshkosh Chief Officers agreement,per day.
III. Paramedic Pay&EMT Pay:
Employees who are required to maintain a Paramedic license shall receive a 4.0%premium in addition to their normal rate. Senior
qualified paramedics below the rank of Lieutenant shall be given first option to bid for assignment to a fire company. The City
shall make such assignments within six(6)weeks of a vacancy on a fire company.The City reserves the right to determine the
specific fire company to which a senior paramedic shall be assigned.This language shall not prevent the City from staffing fire
companies with employees of specialized skills where required.Employees who are required to maintain any level of an
Emergency Medical Technician license,under the level of Paramedic,shall receive a 1.1%premium in addition to their normal rate
of pay.
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immimi••1I
*The salaries for the Captain and Lieutenant shall be increased by 1%effective pay period 1,2011. At the same time,the City will
not require Captains and Lieutenants to maintain any level of an Emergency Medical Technician license and the 1.1 premium pay
associated with it shall cease.
Please note that the above provision is not intended to restrict the City's ability to staff a specialized fire company.The provision
does require the City to make fire company assignments by seniority unless it shows that the most senior paramedic(s)does not
possess the specialized skills the City requires on a particular fire company. If there is such a showing,the provision would require
the City to assign the most senior paramedic with the specialized skills to the fire company.Any disputes regarding the above
provision would be subject to the grievance process.
IV. Transport Pay:
Primary paramedics that transport a patient a distance of thirty(30)or more miles on a single incident shall receive an additional
stipend of$50.00.
V. Special Teams Pay:
Employees who meet department requirements and are assigned to the specialty teams of Airport Rescue(Team comprised only of
employees permanently assigned to Station 14),Fire Investigation Team(This team is limited to four line personnel,Captain
Instructor and Captain Inspector), Hazardous Materials,Dive Rescue and Technical Rescue shall receive an annual stipend of$140
per team assignment subject to the following conditions:
A.The City reserves the right to discontinue the stipend in the event grant money funding a team is reduced or discontinued or
for other reasons.
B.The stipend shall be paid after December 1 of each year,provided the member has participated in all activities,completed all
training and physical exam requirements,and has been an active member of the team for the entire calendar year.
C.Members removed or who resign from a team during the calendar year or who fail to meet the requirements for membership
during the year shall not receive the stipend.
D. The City reserves the right to determine the qualifications required for each team and establish the number of employees to
be assigned to each team.
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