HomeMy WebLinkAbout91-111 March 7, 1991 # 91-111 RESOLUTION
(CARRIED LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE LABOR AGREEMENT - OSHKOSH FIREFIGHTERS
LOCAL 316 IAFF
INITIATED BY: PERSONNEL DEPARTMENT
BE IT RESOLVED by the Common Council of the City of Oshkosh
that the attached agreement with the Oshkosh Firefighters, Local
316 IAFF is hereby approved and the proper City officials are
authorized and directed to enter into same.
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- 38 -
CONTRACT
LOCAL NO. 316 I.A.F.F.
AND
CITY OF OSHKOSH
1991-1992
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 . . . . . . . . . . . . . . . . . . . . 5
V Pay Policy . . . . . . . . . . . . . . . . . . . 5
Compensatory Time . . . . . . . . . . . . . . . . 6
VI Call In Time and Off Duty Time . . . . . . . . . 6
VIIOvertime . . . . . . . . . . . . . . . . . . . 7
Recording of Total Overtime Hours Worked . . . . 8
VIII Insurance - Hospitalization . . . . . . . . . . . 9
IXSeniority . . . . . . . . . . . . . . . . . . . . 9
XMove-up . . . . . . . . . . . . . . . . . . . . 10
XI Authorized Absence . . . . . . . . . . . . . . . 11
Vacation . . . . . . . . . . . . . . . . . . . . 11
S ick Leave . . . . . . . . . . . . . . . . . . . 12
Funeral Leave . . . . . . . . . . . . . . . . . 14
Hol iday Leave . . . . . . . . . . . . . . . . . . 14
Temporary Military Leave . . . . . . . . . . . . 15
Leave of Absence Without Pay . . . . . . . . . . 15
Authorized Absence With Pay . . . . . . . . . . . 15
XII Rules and Regulations . . . . . . . . . . . . . . 15
XIII Negotiations . . . . . . . . . . . . . . . . . . 16
XIV Conduct of Business . . . . . . . . . . . . . . . 16
XV Present Benef its . . . . . . . . . . . . . . . 16
XVI Evaluation Report . . . . . . . . . . . . . . . . 16
XVII Promotional Procedure . . . . . . . . . . . . . . 17
2
XVIII Retention of Rights . . . . . . . . . . . . . . . 17
XIX Union Bulletin Board . . . . . . . . . . . . . . 17
XXReopener . . . . . . . . . . . . . . . . . . . . 17
XXI Termination of Employment . . . . . . . . . . . 17
XXII Grievance Procedures . . . . . . . . . . . . . . 18
XXIII Disciplinary Action . . . . . . . . . . . . . . 19
XXIV Life Insurance . . . . . . . . . . . . . . . . . 19
XXV Retirement . . . . . . . . . . . . . . . . . . . 20
XXVI Uniform Allowance . . . . . . . . . . . . . . . 20
XXVI I Agency Shop . . . . . . . . . . . . . . . . . . 2 0
XXVIII Wages and Fringe Benefits . . . . . . . . . . . 21-23
Longevity . . . . . . . . . . . . . . . . . . . 21-23
Classification Pay . . . . . . . . . . . . . . . 21-23
Ambulance Pay . . . . . . . . . . . . . . . . . 21-23
Duration . . . . . . . . . . . . . . . . . . . . 24
Addendum . . . . . . . . . . . . . . . . . . . . . . . 2 5
3
ARTICLE I
RECOGNITION OF REPRESENTATION
The employer recognizes the Union as the exclusive collective
bargaining representative for the purpose of conferences and
negotiations with the employer, or its lawfully authorized repre-
sentatives, on questions of wages , hours and conditions of em-
ployment for the unit of representation consisting of all employ-
ees of the employer employed in the Fire Department, excluding
only the ranks of Assistant 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 agree-
ment.
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 III
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 proba-
tion and may be terminated for any reason . It is understood
between the union and the City that all firefighters hired after
1-1-81 shall be required to complete paramedic training , not
contingent on their probation status.
4
ARTICLE IV
NORMAL WORK WEEK = NORMAL WORK DAY = NORMAL WORK SCHEDULE
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 and a forty-
eight (48 ) hours off duty, with the exception of the following
classifications:
A. Captain of Instruction
B. Captain of Inspection
C. Lieutenant of Instruction
D. Lieutenant 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. Lieutenant of Instruction
B. Lieutenant of Inspection
In some cases a man 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 his 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
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.
5
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-weeklv rate ± longevity
112
The employer shall determine the table of organization or posi-
tion 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 Union shall be notified
of any change in the Table of Organization.
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 upon request of the employee,
with the approval of the department head. Employees may maintain
a compensatory balance of no more than seventy-two (72) hours.
Compensatory time may be granted for any number of hours at the
request of the employee. 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. In the event
an employee is required to work unscheduled overtime, he 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. A man requested to stay in the following day of
his normal tour is paid time and one half for hours worked .
Scheduled time shall be defined as time scheduled at least twen-
ty-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.
6
Off duty time shall be defined as the forty-eight (48) hours off
period following the twenty-four ( 24 ) hour work period , also
vacation time, and any time off due to compensatory time.
ARTICLE VII
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 for all personnel shall be at the direction of
the Fire chief or his 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 a man 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.
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 position vacancy occurs or overtime is necessary as
an extension of a normal work day, the individual who is quali-
fied 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.
5. An exception to number 4 is when a senior person is on duty
the preceding day. If he qualifies for the vacant position and
has not accumulated 24 hours, he will be offered the overtime
assignment if he does not pass over three senior off duty person-
nel.
6. An except to number 4 is when overtime is necessitated for an
individual who has special expertise. In this case, the Fire
Chief or his designee may bypass the procedure in number 4 , and
award overtime for direct use of the individuals special
expertise only and not to bypass the selection process in number
4 above.
7
7. An exception to number 4 is in times of genuine emergency and
overtime is necessary for public safety, the Fire Chief or his
designee may bypass the selection process in number 4 and call in
for duty any firefighter he chooses 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 proce-
dure will apply to fill the position of Equipment Operator.
9. An individual has the right to turn down any overtime assign-
ment, except, if 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 assign-
ment at the discretion of the Fire Chief.
10. Overtime will be compensated at the rate of 1 1/2 times the
individuals normal hourly rate for the classification in which
the individual performs. If the individual elects to take comp
time, he will receive 1 1/2 times the number of hours worked.
11. Overtime records will be maintained on a daily basis by the
Fire chief ' s designee and an overtime status report provided
periodically.
12. Al1 overtime manning emergency response vehicles, requiring
special expertise, or extending hours worked within the scope of
one ' s job classification will be recorded as overtime hours
worked. Specifically excluded is overtime of an emergency na-
ture, Fair Labor Standards Act overtime, and overtime requiring
personnel with special qualifications.
13 . In the event an error is made, the person working the over-
time shall be paid and the individual passed by shall be given
the first opportunity for the next overtime only, in his catego-
ry. When an opportunity for an overtime assignment cannot be
offered by the end of the year, the person passed by shall be
paid.
RECORDING OF TOTAL OVERTIME HOURS WORKED
2-1. The overtime lists will be by job category; officer, equipment
operator and firefighter. Within each category, the man with the
most seniority as a member of the Oshkosh Fire Department will be
first.
2-2 . 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.
. 8
2-3 . A man may notify the Fire Chief in writing if he does not wish to
participate in overtime and then the man will not be included.
The man will be reinstated on the overtime list upon written
notification of the Fire chief and then the man will be assigned
a number of hours worked equal to the man in the same category
with the highest number of hours worked.
2-4 . If a man is promoted, he will be placed in the new category and
assigned the same number of hours worked from his previous cate-
gOZ'Y•
2-5. When overtime is worked, the total number of overtime hours will
be accumulated and will be recorded on the overtime list.
2-6. Overtime accepted in advance of performance will be recorded as
worked when the assignment is accepted.
2-7. Personnel on sick leave and emergency leave will not be eligible
for overtime.
2-8 . New hires will be given a "total of hours worked" equal to the
average hours of the 2nd highest and 2nd lowest person in the
appropriate category.
ARTICLE VIII
HOSPITAL AND MEDICAL INSURANCE
The employer shall provide health coverage equal to the level of
benefits available to the employees under the WPS-HMP program in
effect during 1990 . Effective pay period 1 , 1991 , employees
shall contribute $10 per month towards the premium for the single
plan and $30 per month for family coverage.
ARTICLE IX
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 his employment.
Seniority rights terminate upon discharge determined after appellate
rights have been consummated, or upon resignation of the employee.
9
ARTICLE X
MOVE UP LANGUAGE
When more men are on duty than are necessary to minimally man fire
department apparatus and there are qualified men on duty to fill
vacant positions, the following ruies 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 he
is qualified.
A Firefighter-Paramedic, when not assigned to a rescue unit, will be
permanently assigned to a fire apparatus. He shall fill vacant Equip-
ment Operator positions on that fire apparatus or other apparatus if
he is the most senior Firefighter assigned to that fire apparatus and
is qualified for the vacant position.
The Assistant Fire Chiefs shall have the right to assign any Equipment
Operator or Firefighter to act as driver of Car 11. If a Firefighter
fills this position, he 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 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 a man 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 unquali-
fied or absent.
10
("Extra" is a term for personnel who are available for duty due to
being in excess of the minimum number of inen needed to man fire de-
partment apparatus. This includes scheduled personnel overages or
those personnel overages resulting from the shutting down of a fire
apparatus. )
ARTICLE XI
AUTHORIZED ABSENCE
Effective 1/1/89, each employee with more than one (1) calendar year
of continuous service shall be granted 14 work days of vacation leave.
Each employee with more than five (5) years of consecutive calendar
service shall be granted 18 work days of vacation leave. Each employ-
ee with more than seven (7) years of consecutive calendar service
shall be granted 20 work days of vacation leave. Each employee with
more than fifteen (15) years of consecutive calendar service shall be
granted 27 work days of vacation. Each employee with more than twenty
(20) years of consecutive calendar service shall be granted 31 work
days of vacation.
Vacation--56 Hour Employees: Effective 1/1/89 each employee with more
than one (1) calendar year of continuous service shall be granted six
(6) work days of vacation leave. Each employee with more than five
(5) years of consecutive calendar service shall be granted eight (8)
work days of vacation leave. Each employee with more than seven (7)
years of consecutive calendar service shall be granted nine (9) work
days of vacation leave. Each employee with more than fifteen (15)
years of consecutive calendar service shall be granted twelve (12)
work days of vacation. Each employee with more than twenty (20) years
of consecutive calendar service shall be granted fourteen (14) work
days of vacation. Each employee (40 hour and 56 hours) with less than
a full calendar year of service in the calendar year preceding shall
be granted a vacation in the succeed ing 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.
A. Vacations shall be chosen as per Article IX of the Agreement
in accordance with the following:
1 . Employees having the same seniority shall rotate
choices each year starting alphabetically the first
year.
2 . Unless the City determines that its staffing needs
allow for larger numbers of employees to be on vacation
time, no more than a total of four (4) men per shift
shall be on vacation during prime time. Prime time
shall be defined as June, July, August, the last two
weeks in November and the last 2 weeks of December.
Unless the City determines its staffing needs allow for
larger number of employees to be on vacation, no more
than a total of three (3 ) men per shift shall be on
vacation out of prime time.
11
3 . Unless the City determines its staffing needs allow for
larger numbers of employees on vacation, no more than
two (2) men per company per shift shall be allowed on
vacation at the same time provided safety is not ad-
versely affected.
4. Vacations chosen during prime time shall be limited to
five (5) consecutive work days for 56 hour employees.
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. Those employees
with more than ten (10) days vacation shall take their
vacation as stated above, but shall take those days in
excess of ten as one pick. An employee with more than
ten (10) days vacation may take his second pick using
all of his remaining vacation days if he so desires as
long as the second pick is out of prime time.
5. In cases of split vacations, unused vacation time shall
be selected after each employee has made a first round
selection and such leave shall consist of total remain-
ing vacation time.
6. The vacation period shall run from January lst through
December 31st of each year.
7. The City agrees to the selection of vacations during
October and November and the establishment of a final
vacation schedule by the lst of January of each year.
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
promotion, demotion, or other emergency situations
which may require transfers.
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.
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:
12
A. Notify his/her officer at least 1/2 hour before the
duty day begins.
B. Keep his officer informed on the condition if the
absence is more than one working day.
C. Submit a doctor ' s certificat-e if a�sent �ore than two
work days (three (3) days for 40 hour employees) indi-
cating the illness or injury, condition of the employ-
ee, 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.
D. Inform the personnel chief of his/her condition on
a weekly basis or other prearranged schedule if an
illness or injury should require an extended sick
leave period.
E. 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 effect the ability of the employee
to perform his duties efficiently and may necessitate the use of sick
leave. However, no leave shall be granted under the subsection if the
spouse of the employee is employed and continues to work during the
absence of the employee. The use of sick leave for family illness or
injury shall be allowed up to a 24 hour period. For special or unusu-
al 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 pre-
pared 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 his/her
vacation commences , he/she 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 un-
less , 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.
13
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 35� the employee's rate in effect at the time of separation, death
or disability for those employees who retire at normal retirement age
or older. For purposes of computing the daily rate of pay for 40 hour
employees it will be computed as a 56 hour employee. Maximum is 35
work days.
4: 04, (4) , D of the Revised Municipal Code.
Upon written election by the employee filed with the Director of
Administration an employee injured while on duty and otherwise covered
under the provisions of the Workmen's Compensation Act, may use accu-
mulated sick leave so as to draw as paid sick leave an amount which
equals the difference between the regular salary and Workmen' s Compen-
sation weekly benefits and such sick leave accumulations charged with
1/3 of a day for each such day; in the case of inembers of the police
and fire departments for the first year of injury. See 4: 08 of this
code.
Funeral Leave
In the case of death in the immediate family of a regular employee
(parents, children, wife, father-in-law, mother-in-law, brother,
sister, brother-in-law, sister-in-law, step-child, step-parents,
grandchildren, grandparents or guardian) the employee will be paid for
the scheduled time lost from the day of death up to and including the
day of the funeral, but not to exceed three (3) scheduled work days
for 40 hour employees (two days for other employees) at his 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 provi-
sion.
Holidav Leave
All employees with the exception of those in following classifica
tions of: Captain Instructor, Captain Inspector, Lieutenant Inspec
tor, and Lieutenant Instructor, shall sometime between the dates of
December lst and November 30th, receive six (6) working days off with
pay in lieu of the following holidays: New Year' s Day, Good Friday
Afternoon (1/2 day) , Memorial Day, Independence Day, Labor Day,
Thanksgiving Day, Christmas Eve afternoon (1/2 day) ; 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. These employees
may, at their option, forfeit the time off and receive six (6) days
pay at the employees 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.
14
Employees in the following classifications of: Captain Instructor,
Captain Inspector, Lieutenant Inspector, Lieutenant Instructor, shall
receive their regular scheduled pay for the above mentioned holidays
not worked. When any of the above mentioned holidays fall on a Sun-
day, 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. Floating holidays shall be subject to the de-
partment work schedule and staffing requirements.
Temporarv Militarv 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 employ-
ee.
Leave of Absence Without Pav
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.
Authorized Absence With P�
It is agreed that official delegates (not to exceed 4) together with
state officers (not to exceed 2) , shall be granted leaves to attend
the state conventions, with pay, and one member to attend I .A. F. F.
National Convention, and two delegates to attend School for Workers.
Al1 leaves under this section shall be subject to the staffing re-
quirements of the Department.
ARTICLE XII
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, conditions of employment whether now in
force or hereafter adopted shall be voided by this agreement.
15
ARTICLE XIII
NEGOTIATIONS
Negotiations shall proceed in the following manner: the party request-
ing negotiations shall notify the other parties in writing of its
request not earlier than the lst day of May nor later than June lst.
An initial meeting of the parties shall be called by the lst 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.
ARTICLE XIV
CONDUCT OF BUSINESS
The Union agrees to conduct its business off the job as much as possi-
ble. 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 XV
PRESENT BENEFITS
The parties agree to maintain the present level of benefits and poli-
cies that primarily relate to mandatory subjects of bargaining, not
specifically referred to in this agreement. This provision is ex-
pressly limited to mandatory subjects of bargaining.
ARTICLE XVI
EVALUATION REPORT
Copies of evaluation report for all employees shall be made in tripli-
cate, 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.
16
ARTICLE XVII
PROMOTIONAL PROCEDURE
Promotions shall be made by the Fire Chief who may consult with subor-
dinate officers in making his decision. Said promotion shall be
subject to approval of the Police and Fire Commission. Any change in
this procedure shall subject this provision to negotiation.
ARTICLE XVIII
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 agree-
ment. 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 inval-
idated clause.
ARTICLE XIX
UNION BULLETIN BOARD
The Union is hereby granted permission to post notices, announcements,
and other legitimate materials on the bulletin boards of the engine
house.
ARTICLE XX
REOPENER
If, during the course of the contract year, any article of this Agree-
ment 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 XXI
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.
17
ARTICLE XXII
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. - -
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
his 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 griev-
ance. 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 his designee, will within 7 days
(excluding Saturdays, Sundays, and Holidays) hold or have
held an informal meeting with the aggrieved and Union repre-
sentatives for discussion of the grievance. The City Manag-
er 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 he shall have no right to amend,
modify, ignore or add to the provisions of this agreement.
Expenses for the arbitrator services and the proceedings
18
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 his grievance as above outlined, but the
Union shall have the right to be present and act 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 XXIII �
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
his work performance or conduct of other matter affecting his 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 XXIV
LIFE INSURANCE
The employer shall pay one hundred per cent (100%) of the employee's
state group life insurance policy.
19
ARTICLE XXV
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.
ARTICLE XXVI
UNIFORM ALLOWANCE
Effective in 1989, a One Hundred Seventy-five Dollars ($175. 00) ini-
tial uniform allowance will be paid to new employees upon entry to the
Fire Department and completion of fifteen (15) work days service.
Annual uniform allowance shall be $175 . 00 per year to be paid in
January of each year. In the event �an employee has worked less than
12 months in the preceding calendar year the amount shall be prorated.
A new dress uniform shall be purchased by each new employee within
thirty (30) days after completion of his probation ary period. 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 men. The City, however,
agrees that no major changes will be implemented during the life of
this contract. �
ARTICLE XXVII
AGENCY SHOP
The Union, as the exclusive representative of all the employees in the
bargaining unit, will represent all such employees, union and non-
union, fairly and equally, and all employees in the unit will be
required to pay, as provided in this article, their proportionate
share of the costs of representation by the union. No employee shall
be required to join the union, but membership in the union shall be
made available to all employees who apply consistent with the union
constitution and by-laws. No employee shall be denied union member-
ship because of race, creed, color or sex.
The Employer agrees that it will deduct from the monthly earnings of
all employees in the collective bargaining unit the monthly dues
certified by the Union as the current dues uniformly required of all
members, and pay said amount to the treasurer of the Union on or
before the end of the month in which such deduction was made.
Changes in the amount of dues to be deducted shall be certified by the
Union 30 days before the effective date of the change.
As to the probationary employees, such deduction shall be made from
their first appropriate paycheck.
20
ARTICLE XXVIII
WAGES AND FRINGE BENEFITS
EFFECTIVE PAY PERIOD 1� 1991
CLASS RNG RATE
Fire Capt. - Instructor 5 Biw. 1318 . 23 �
Fire Capt. - Inspector Mo. 2856. 17
Fire Captain 4 Biw. 1288 . 06
Mo. 2790.80
Fire Lieutenant 3 Biw. 1240. 54
Fire Lieutenant Insp. Mo. 2687 .84
Fire Lieutenant Instr.
Fire Equipment Operator 2 Biw. 1198 . 61
Mo. 2596. 99
Firefighter 1 RATE - See A thru G below.
A B C D E F G
Biw. 812 . 37 869. 87 927 . 35 984 . 83 1042 . 33 1099 .79 1157 . 23
Mo. 1760. 14 1884 . 72 2009 .26 2133 . 80 2258 . 38 2382 . 88 2507 . 33
*Official Rates are Bi-weekly rates.
I. Longevity:
All employees covered under this contract shall be covered by the
following longevity provision:
$ 2 .77 Bi-Weekly after 5 years of service.
$ 5. 54 Bi-Weekly after 10 years of service.
$ 9. 23 Bi-Weekly after 15 years of service.
$12 .92 Bi-Weekly after 20 years of service.
II. Classification P�:
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 he is assigned at a step which is higher than his primary clas-
sification. Captains serving as Deputy Chief shall receive $25. 00 per
day.
III. Ambulance P�:
The operators and attendants providing the emergency ambulance service on a
primary basis for the City of Oshkosh are hereby granted an additional
$5. 00 per day for EMT' s and $10. 00 per day for paramedics, for serving
as said ambulance operators or attendants.
21
WAGES AND FRINGE BENEFITS
EFFECTIVE PAY PERIOD 14 , 1991
CLASS RNG RATE
Fire Captain 4 Biw. 1313 .82
Mo. 2846. 61
Fire Lieutenant 3 Biw. 1265. 35
Fire Lieutenant Insp. Mo. 2741.59
Fire Lieutenant Instr.
Fire Equipment Operator 2 Biw. 1222 . 58
Mo. 2648 . 92
Firefighter 1 RATE - See A thru G below.
A B C D E F G
Biw. 828. 62 887 . 27 945. 90 1004 . 53 1063 . 18 1121. 79 1180. 37
Mo. 1795. 34 1922 . 42 2049. 45 2176. 48 2303 . 56 2430. 55 2557 .47
*Official Rates are Bi-weekly rates.
I. Lonaevity:
All employees covered under this contract shall be covered by the
following longevity provision:
$ 2 .77 Bi-Weekly after 5 years of service.
$ 5. 54 Bi-Weekly after 10 years of service.
$ 9 . 23 Bi-Weekly after 15 years of service.
$12 . 92 Bi-Weekly after 20 years of service.
II. Classification P�:
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 he is assigned at a step which is higher than his primary clas-
sification. Captains serving as Deputy Chief shall receive $25. 00 per
day.
III. Ambulance Pay:
The operators and attendants providing the emergency ambulance service
on a primary basis for the City of Oshkosh are hereby granted an
additional $5. 00 per day for EMT's and $10. 00 per day for paramedics,
for serving as said ambulance operators or attendants.
22
WAGES AND FRINGE BENEFITS
EFFECTIVE PAY PERIOD 21, 1991
CLASS RNG RATE
Fire Captain 4 Biw. 1340. 10
Mo. 2903 . 55
Fire Lieutenant 3 Biw. 1290. 66
Fire Lieutenant Instr. Mo. 2796. 43
Fire Lieutenant Inspector
Fire Equipment Operator 2 Biw. 1247 . 03
Mo. 2701.95
Firefighter 1 RATE - See A thru G below.
A B C D E F G
Biw. 845. 19 905. 02 964 . 82 1024 . 62 1084 . 44 1144 . 23 1203 .98
Mo. 1831. 25 1960. 88 2090. 44 2220. 01 2349 . 62 2479 . 17 2608 ..62
*Official Rates are Bi-Weekly Rates
I. Longevity:
All employees covered under this contract shall be covered by the
following longevity provision:
$ 2 .77 Bi-Weekly after 5 years of service.
$ 5. 54 Bi-Weekly after 10 years of service.
$ 9 .23 Bi-Weekly after 15 years of service.
$12 . 92 Bi-Weekly after 20 years of service.
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 he is assigned at a step which is higher than his primary clas-
sification. Captains serving as Deputy Chief shall receive $25. 00 per
day.
III. Ambulance Pay:
The operators and attendants providing the emergency ambulance service
on a primary basis for the City of Oshkosh are hereby granted an
additional $5. 00 per day for EMT' s and $10. 00 per day for paramedics,
for serving as said ambulance operators or attendants.
23
DURATION
This Agreement shall be effective on January 1, 1991 and shall
remain in full force and effect until and including December 31, 1992 ,
and shall be automatically renewed from year--t� -year unless negotia-
tions are instituted by August 1, 1992 , AND THE FIRST DAY OF AUGUST of
any subsequent effective year of this agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agree-
ment on this day of , 1991.
BY:
CITY OF OSHKOSH INTERNATIONAL ASSOCIATION OF FIRE
FIGHTERS, LOCAL 316, OSHKOSH
William D. Frueh, Local 316 President
City Manager
Attest:
Local 316 Secretary
Donna C. Serwas,
City Clerk
24
Addendum to the 1991-92 Municipal Contract between the City of
Oshkosh and Local 316 IAFF.
In conformity with the tentative agreement reached between the
parties hereto as a result of the negotiations held concerning wages,
hours, and conditions of employment for the year 1991-92 .
Upon approval of the Common Council of the City of Oshkosh and
the membership of Local 316 IAFF.
It is agreed that effective Pay Period 1 , 1992 , the foregoing
Employment Contract will be subject to modification only on the
following issues:
1. Salary Schedule.
2. Health Insurance.
3 . In all other terms and respects, the aforesaid Employ-
ment Contract will be made as is reflected hereto.
25
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