LABOR AGREEMENT

BETWEEN

 

THE CITY OF MADISON

AND

FIRE FIGHTERS LOCAL 311

 

FOR THE PERIOD

JANUARY 1, 2008 TO DECEMBER 31, 2009

 

TABLE OF CONTENTS

 

PREAMBLE

ARTICLE 23

            UNION REPRESENTATION

ARTICLE l

            RECOGNITION

ARTICLE 24

            CAR ALLOWANCE

ARTICLE 2

            PROHIBITION OF STRIKES

ARTICLE 25

            COMMON MESS    

ARTICLE 3

            SELECTION OF NEGOTIATORS

ARTICLE 26

            RESIDENCY REQUIREMENT 

ARTICLE 4

            DUES CHECKOFF - FAIR SHARE

ARTICLE 27

            DURATION OF AGREEMENT 

ARTICLE 5

            MANAGEMENT RIGHTS

ARTICLE 28

            DUTIES 

ARTICLE 6

            NON-DISCRIMINATION

ARTICLE 29

            APPRENTICESHIP PROGRAM

ARTICLE 7

            HOURS OF WORK

ARTICLE 30

            PROMOTIONS    

ARTICLE 8

            EXTRA HOURS

ARTICLE 31

          DRUG & ALCOHOL TESTING PROGRAM  

ARTICLE 9

 

                GRIEVANCE AND ARBITRATION PROCEDURE

            GENERAL GRIEVANCE

                LIMITATIONS ON GRIEVANCE ARBITRATORS

  

ARTICLE 32

            STATION ASSIGNMENT BY SENIORITY

ARTICLE 10

       AUTHORIZED LEAVE     

          VACATION LEAVE ELIGIBILITY          

          HOLIDAYS              

       COMBINATION VACATION AND HOLIDAY SCHEDULE

       FORTY-HOUR EMPLOYEE SCHEDULE          

       BEREAVEMENT LEAVE      

         SICK LEAVE                    

         MILITARY LEAVE          

         JURY SERVICE LEAVE          

         LEAVE OF ABSENCE WITHOUT PAY

         FAMILY LEAVE ACT

 

ARTICLE 33

            PROBATIONARY DETAIL

ARTICLE 11

         PAY POLICY        

            SALARY SCHEDULE         

            LONGEVITY PLAN          

            RETIREMENT PAY        

            POSITIONS FILLED IN TEMPORARY OR ACTING CAPACITY     

         WEEKEND PREMIUM PAY  

            EDUCATION INCENTIVE PROGRAM          

            HOLIDAY WORK          

            EXTRA HOURS COMPENSATION   

            NON-PROMOTIONAL CLASSIFICATIONS     

            SPECIALTY PAY      

            STANDBY PAY         

         SPECIAL DUTY PAY

 

ARTICLE 34

            SENIORITY

ARTICLE 12

            UNION ACTIVITY

ARTICLE 35

            OFF DUTY EMPLOYMENT 

ARTICLE 13

            POLITICAL ACTIVITIES

ARTICLE 36

            DAILY STAFFING EQUALIZATION

ARTICLE 14

            WORKER'S COMPENSATION

ARTICLE 37

               FLOAT SHIFT

ARTICLE 15

             LIFE INSURANCE AND PENSION PLAN

                DENTAL INSURANCE

                INCOME PROTECTION PLAN

                DEFERRED COMPENSATION PROGRAM

APPENDIX A

            POLICY

ARTICLE 16

            UNIFORM PROVISIONS   

APPENDIX B

           FIRE DEPARTMENT WORK SCHEDULES

ARTICLE 17

            NO OTHER AGREEMENT

APPENDIX C

            JOINT APPRENTICESHIP PROGRAM

ARTICLE 18

            SAVINGS CLAUSE

APPENDIX D

     BI-WEEKLY BASE RATE SALARY SCHEDULE

ARTICLE 19

            WAIVERS    

APPENDIX E

            FAMILY PARTNER

ARTICLE 20

            LOSS OR DAMAGE

APPENDIX F

       HAZARDOUS MATERIAL RESPONSE TEAM

ARTICLE 21

            HEALTH INSURANCE

APPENDIX G

      DRUG AND ALCOHOL TESTING PROGRAM

ARTICLE 22

            WORK RULES  

MOU

       METRO UNLIMITED RIDE PASS PROGRAM

 

 

CONTRACT

City of Madison and Firefighters Local 311

 

PREAMBLE

 

THIS AGREEMENT, made and entered into at Madison, Wisconsin according to the provisions of Section 111.70, Wisconsin Statutes, by and between the City of Madison, a Municipal Employer, hereinafter called the "City", and Local 311 of the International Association of Firefighters AFL-CIO hereinafter called the "Union", WITNESSETH:

 

A.        Both parties to this Agreement are desirous of reaching an amicable understanding with respect to the employer-employee relationship which exists between them and enter into an Agreement covering rates of pay, hours of work, and conditions of employment as well as procedures for reducing potential conflict.

 

B.         This Agreement shall be binding on the parties.

 

C.        Conflicting Ordinances and Resolutions: The terms and conditions of this Agreement shall supersede ordinances and resolutions wherein there is a conflict with this Agreement.

 

D.        Existing Benefits: The Employer intends to continue other authorized existing employee benefits primarily affecting wages, hours and conditions of employment not specifically referred to or modified by this Agreement.

 

E.         This Agreement shall be adopted by City Ordinance.

 

F.         The Union and the City understand that building trust in the workplace is a joint responsibility of the parties. The Union and the City recognize their common obligation to work together to solve our mutual problems, understanding that cooperation and collaboration between management, the Union, City officials and citizens results in the best services provided to the citizens of Madison. The City and the Union further recognize that without the expressed cooperation and commitment of front line employees, the quality of service suffers and that confrontation does not drive solutions that are in the best long-term interests of citizens, the City and City employees.

 

G.        In the interests of the public, the Union and the City, the parties agree to work together in joint labor-management committees to improve the delivery of services to the citizens, solve problems that may arise in the workplace and confer on other issues of concern to either party. The parties agree that open and regular communication between labor, management, City officials and citizens is an essential element in maintaining an atmosphere of trust in the department and continuing to provide the high quality of service for which the department is known and which our citizens expect. Further, the parties agree that they will communicate regularly on all issues of concern to either party, both through joint committees and any other avenues that may be established.

 

ARTICLE 1

RECOGNITION

 

Pursuant to the provisions of Chapter 111.70 of the Wisconsin Statutes, the City recognizes the Union as the exclusive Bargaining Agent for all employees assigned to the position classifications of Firefighter, Chief's Aide, Apparatus Engineer, Sergeant, Lieutenant, Fire Investigator, Fire Inspector, Director of Community Education, Firefighter/Paramedic, Community Educator, and Captain. Specifically excluded from the bargaining unit shall be the classifications of Division Chief, Assistant Chief, Deputy Chief and Fire Chief. The aforementioned job titles may be subject to change but such changes shall not affect the composition of the bargaining unit.

 

ARTICLE 2

PROHIBITION OF STRIKES

 

A.        The Union shall neither cause nor counsel its members or any of them to strike for any reason during the term of this Agreement, nor shall it in any manner cause them directly or indirectly to commit any concerted acts of work stoppage, slowdown, or refusal to perform any customarily assigned duties for the municipal employer, namely, the City, for any reason during the term of this Agreement. The occurrence of any such acts or actions prohibited in this section by the Union shall be deemed a violation of this Agreement.

 

In applying the provisions of this section, all of its terms used herein shall be given the meaning commonly understood. The Union shall not be liable where the acts or actions hereinbefore enumerated are not caused or authorized directly or indirectly by the Union.

 

B.        Upon notification confirmed in writing by the City to the Union that certain of its members are engaged in a wildcat strike, the Union shall immediately, in writing, order such members to return to work immediately, and provide the City with a copy of such an order, and a responsible official of the Union shall publicly order them to return to work. Such characterization of the strike by the City shall not establish the nature of the strike. Such notification by the Union shall not constitute an admission by it that a wildcat strike is in progress or has taken place or that any particular member is or has engaged in a wildcat strike. The notification shall be based solely on the representations of the City. In the event that a wildcat strike occurs, the Union agrees to take all reasonable effective and affirmative action to secure the members' return to work as promptly as possible. Failure of the Union to issue such orders and/or take such action shall be considered in determining whether or not the Union caused or authorized, directly or indirectly, the strike.

 

Nothing in the above paragraph shall give the Union or any of its members the right to strike contrary to Section 111.70 of the Wisconsin Statutes.

 

ARTICLE 3

SELECTION OF NEGOTIATORS

 

Either party to this Agreement may select for itself such negotiator or negotiators for purposes of carrying on conferences and negotiations under the provisions of Section 111.70 of the Wisconsin Statutes, as such party may determine. No consent from either party shall be required in order to name such negotiator or negotiators.

 

ARTICLE 4

DUES CHECKOFF - FAIR SHARE

 

A.        Upon receipt of a voluntary written individual authorization from any of its employees covered by this Agreement on a form provided by the Union, the City will deduct from the pay due such employee, those dues required as the employee's membership dues in the Union. Such authorizations shall be effective only as to membership dues required after the date of delivery of such authorizations to the Comptroller's Office. Deductions shall be made from the employee's pay for the pay period in each month in which he/she has sufficient earnings to cover the same deductions for taxes, insurance, retirement and other deductions.

 

B.       Deductions shall be in such amount as shall be certified to the City in writing by the authorized representative of the Union. New authorizations must be submitted as indicated above by employees returning after a leave of absence without pay in excess of twelve (12) months. Monies collected from the members as dues shall be forwarded to the Secretary-Treasurer of the Union within five (5) days after each deduction. The City shall be saved harmless in the event of any legal controversy with regard to the application of this provision.

 

C.        The City agrees to deduct a fee each pay period from the pay of employees within the bargaining unit as their proportionate share of the cost of the collective bargaining process and contract administration. Such amount deducted shall in no instance exceed the dues uniformly required of all members of the unit as certified by the Officers of the Union. Such deductions shall be made from the employee's pay, for the pay period in each month in which he/she has sufficient earnings to cover the same deductions for taxes, insurance, retirement, and other deductions. In the event that an employee shall not have sufficient earnings due him/her during the pay period when dues or fees are normally withheld to equal or exceed the amount of the certified deduction, no fees shall be withheld and the City shall have no obligation to subsequently withhold dues or fees that may have been due for that period. The provision of this clause shall be subject to the duty of the Wisconsin Employment Relations Commission.

 

D.       The City agrees to establish an additional payroll deduction for the Union’s voluntary contribution program. The Union will administer the program and bear the costs associated with said program. The amount deducted shall be a flat dollar amount bi-weekly as designated by the employee, and provided to the Union under the same guidelines as dues deductions.

 

E.        The City shall be saved harmless in the event of any legal controversy with regard to the application of this Article.

 

ARTICLE 5

MANAGEMENT RIGHTS

 

Union recognizes the prerogative of the City and the Chief of the Fire Department to operate and manage its affairs in all respects, in accordance with its responsibilities and the powers or authority which the City has not officially abridged, delegated or modified by this Agreement and such powers or authority are retained by the City.

 

These management rights include, but are not limited to the following:

 

A.       To utilize personnel, methods, procedures, and means in the most appropriate and efficient manner possible.

 

B.        To manage and direct the employees of the Fire Department.

 

C.       To hire, schedule, promote, transfer, assign, train or retrain employees in positions within the Fire Department.

 

D.        To suspend, demote, discharge, or take other appropriate disciplinary action against the employees for just cause.

 

E.         To determine the size and composition of the work force and to lay off employees.

 

F.         To determine the mission of the City and the methods and means necessary to efficiently fulfill the mission including: the transfer, alteration, curtailment, or discontinuance of any goods or services; the establishment of acceptable standards of job performance; the purchase and utilization of equipment for the production of goods or the performance of services; and the utilization of students, and/or temporary, limited-term, part-time, emergency, provisional or seasonal employees.

 

G.        The City has the right to schedule overtime as required in the manner most advantageous to the City and consistent with the requirements of municipal employment in the public interest.

 

H.        It is understood by the parties that every incidental duty connected with operations enumerated in job descriptions is not always specifically described. Nevertheless, it is intended that all such duties shall be performed by the employee.

 

I.         Contracting and Subcontracting - The Union recognizes that the City has statutory rights and obligations in contracting for matters relating to municipal operations. The right of contracting or subcontracting is vested in the City including the exercise of said contracting and subcontracting rights in the event of emergency, or essential public need or where it is uneconomical for City employees to perform said work.

 

J.         The City retains the right to establish reasonable work rules and rules of conduct. Any dispute with respect to these work rules shall not be subject to arbitration of any kind, but any dispute with respect to the reasonableness of the application of said rules may be subject to the grievance and arbitration procedures as set forth in this Agreement.

 

K.       Any dispute with respect to Management Rights shall not in any way be subject to arbitration but any grievance with respect to the reasonableness of the application of said Management Rights may be subject to the grievance procedure contained herein.

 

 

ARTICLE 6

NON-DISCRIMINATION

 

It is mutually agreed that there shall be no coercion, intimidation or discrimination by the City or the Union against any employee because of membership or non-membership in the Union. The City and the Union agree not to discriminate against any employee for any reason prohibited by applicable City, State and/or Federal laws. Any dispute related to this article shall be resolved through the resolution procedures provided in these laws.

 

ARTICLE 7

HOURS OF WORK

 

A.       The Fire Department, except the positions hereinafter designated, shall be divided into two or more platoons each of which shall be on duty alternately. The hours of duty for each member of the Firefighting Division shall be limited to an average of 48 hours per week, utilizing a 24-hour shift, under the existing work schedule or a mutually agreed upon and ratified modification of such. (Referred to as the California Plan or modified California Plan.)

 

            Pursuant to 29 USC sec. 207(k) of the FLSA, the Madison Fire Department has established a twenty-eight (28) day work period for commissioned personnel (except the positions hereinafter designated).  Under the FLSA, no FLSA overtime is due to a firefighter in a given work period until such firefighter actually works for FLSA purposes more than two hundred twelve (212) hours in such 28-day period.

 

B.        Fire Department employees assigned to a work week averaging forty (40) hours, shall at their option, select a schedule of hours consisting of four (4) ten (10) hour days or five (5) eight (8) hour days consistent with the provisions of Appendix

 

C.        The Chief of the Department may from time to time assign any member from the 48-hour work week to the 40-hour work week or any member from the 40-hour to the 48-hour as the good of the service warrants.

 

D.        EXCHANGES

 

           1.       Members of the Department shall be allowed to exchange tours of duty in excess of 12 hours provided they give prior written notice on the appropriate MFD form. The written notice must be submitted to a company officer, who shall notify the on-duty Officer-in-Charge. Responsibility for the exchanged tour of duty shall be with the replacement employee who signed the form.

 

                        a.        Exchanges cannot be made for the year following the current year until shift and furlough assignments are established for annual vacation selection.

 

b.       Except where permitted elsewhere in this section, no employee shall work an exchange in rank or classification other than their own. Exceptions shall be made when a change in rank or classification occurs due to promotion, reclassification or reassignment. When promotion, reclassification or reassignment occurs all outstanding exchanges shall be honored for a period not to exceed nine months from said promotion, reclassification or reassignment.

 

 c.       Exchanges between employees in the class of PM2 and Firefighter Paramedic shall be allowed.

 

                        d.        For special duty assignments, employees shall be permitted to make exchanges with other employees who possess the same qualifications or certifications required for the assignment, without regard to classification.

 

                        e.        Firefighter/Paramedics not assigned to ambulance duty shall, for one (1) hour before and one (1) hour after shift change (700 hours) be permitted to make exchanges with Firefighter.

 

                                    This exchange policy shall be limited to situations where a Firefighter/Paramedic is assigned to Firefighter duties.  It will not pertain to any situation where the Firefighter/Paramedic is assigned to ambulance duty.  It shall not create a Paramedic shortage or overtime situation.  At no time shall personnel be moved between stations to facilitate this exchange.

 

            2.        Exchange of tours of duty of 12 hours or less shall not require written notice. The replacement shall sign the station log going on duty and going off duty. The person on duty must remain on duty until replaced.

 

            3.      For one hour before and one hour after shift change (0700 hours), in addition to standard exchanges, company officers will be permitted to make exchanges with acting officers, and Apparatus Engineers will be permitted to make exchanges with acting Apparatus Engineers.

 

                        a.        This exchange policy shall be limited to acting officers and acting Apparatus Engineers assigned by Administration for the date and station(s) involved in the exchange.

 

The City shall be held harmless for acting pay created by such exchanges.

 

            4.        New probationary employees shall not be able to exchange for periods of less than 24 hours that affect the work hours from 0800 to 1700 Monday through Friday. Exchanges for personal emergencies are permitted with the approval of the Fire Chief. This section does not limit the employees ability to exchange for the entire 24 hour shift.

 

Work schedules for employees assigned to the forty (40) hour work week are set forth in Appendix B.

 

F.         The maximum number of consecutive work hours an employee may work is seventy-two (72), except in cases of an emergency call-back.

 

ARTICLE 8

EXTRA HOURS

 

A.        FORTY-EIGHT (48) HOUR WEEK

 

All authorized hours worked in excess of the average (48) hour work week shall be compensated at the rate of time and one-half (1-1/2).

 

B.        FORTY (40) HOUR SCHEDULE

 

All authorized hours worked in excess of the average work week of 40 hours shall be compensated at the rate of time and one-half (l-l/2).

 

C.       OVERTIME: The Chief, or his authorized assistants, may prescribe overtime work to meet operational needs. Such overtime work shall be compensated at the rate of time and one-half. The City, in agreement with Local 311, will decide who is assigned overtime work. TheCity will provide a quarterly report listing the Division, date and members' number of hours worked on overtime.

 

           1.         Overtime shifts of 17 hours or more will be assigned by order of seniority, within classifications, for a calendar year. Each January 1, overtime assignments will return to the top of the seniority lists.

 

            2.        Over the course of the year, all reasonable attempts will be made to equalize overtime between the number of personnel per classifications and seniority.

 

            3.        New fire suppression employees represented by IAFF Local 311 will be placed on the annual overtime list(s) on January 1 of the year following the successful completion of their probationary period.

 

           4.        Employees will be placed in commissioned departmental seniority order on the list within their classification.  Promoted employees who have a valid EMT Paramedic license may opt to be placed in the Paramedic classification for overtime purposes on an annual basis.  Those individuals who choose this option shall be assigned to ambulance duty when they agree to work an overtime shift.

 

            5.        If an employee changes classification during the calendar year, their overtime history for the year follows them.

 

D.       EMERGENCY DUTY CALL-BACK: Any employee who is called back for emergency duty, shall receive a minimum of 3 (three) hours compensation from the time of reporting to duty at the rate of time and one-half (l-l/2) plus thirty (30)  minutes of travel time.  Reporting to duty means signing-in at the station/work site to which they were directed to report, which may or may not be their normal work station.  Reporting early for a tour of duty or an extension of a tour of duty shall not qualify for this minimum. Any employee scheduled or called back to a non-emergency scene shall receive time and one-half (l/2) for actual time worked plus 15 minutes of travel time.

 

E.        Any employee held over at the end of his tour of duty shall be compensated at time and one-half (1-1/2) in multiples of 12 minutes (.2 hours).

 

F.        RECALL OF HAZMAT PERSONNEL

 

In the event of a Regional Hazmat response, members assigned to the Hazmat team will be given preference for recall.  Compensation shall be in accordance with Article 8, Section D.

 

G.        APPROVED OFF-DUTY TRAINING

 

            1.       The Department shall conduct a minimum of nine (9) training sessions, each three (3) hours in duration, during the course of the two-year Paramedic re-licensure period.  Each training session shall be conducted twice, on different shift days, to afford all paramedics an opportunity to attend the session off-duty.  Paramedics, as a condition of maintaining licensure, shall be required to attend five (5) of the nine sessions.  Paramedics shall be compensated at time and one half (1 ½) for up to five (5) re-training sessions (15 hours) attended while off-duty.

 

            2.        Paramedics who are required to attend Advanced Cardiac Life Support (ACLS) training while off-duty shall be compensated at time and one half (1 ½) for sixteen (16) hours.

 

            3.        Hazmat personnel, as a condition of maintaining team membership, shall be required to attend eight (8) of the twelve (12) training sessions (24 hours). Hazmat personnel shall be compensated at time and one half (1 ½) for up to two (2) training sessions (6 hours total) attended while off-duty per calendar year.

 

ARTICLE 9

GRIEVANCE AND ARBITRATION PROCEDURE

 

A.       Only matters involving interpretation, application, or enforcement of the terms of this Agreement shall constitute a grievance under the provisions set forth herein.

 

B.        The City agrees to allow an executive Board Member and members of the grievance committee sufficient time off for the proper processing of grievances at the appropriate steps as outlined in this Article. The aggrieved party, if any, shall also be given sufficient time off for the processing of his grievance.

 

C.       GENERAL GRIEVANCES: Union grievances involving the general interpretation, application, or enforcement of this Agreement may be initiated at Step Two of this procedure. Grievances initiated at Step Two must meet the time limits set forth in Step One.

 

D.        Grievances related to the education incentive program shall be initiated at Step Two of the Grievance Procedure.

 

E.         Time limits set forth in the grievance procedure, with the exception of the initial time limit on the filing of grievances, shall be exclusive of Saturdays, Sundays and holidays. The time limits for processing grievances from one step in the procedure to another may be extended upon mutual written agreement of the parties. In no event shall the time limit at the initial step be extended without the prior written approval of the Labor Relations Manager.

 

F.         Step 1(a): All grievances must be filed within thirty (30) calendar days of the date that the grievant should have been aware of the act by the exercise of reasonable diligence but, in no event more than ninety (90) calendar days from the date of the occurrence with a copy to the Labor Relations Manager, otherwise the right to file a grievance is forfeited and no grievance is deemed to exist.

 

            Step 1(b):  The Personnel Chief and the Labor Relations Manager or their designees shall meet with the Union once a month to review and discuss any grievance(s) that have been filed in a timely manner and have not been discussed previously.  The meeting shall be established annually.  In the event there are not grievance(s) awaiting a response, said meeting may be cancelled by the parties.

 

            Step 1(c):  During the meeting, both sides will be given the opportunity to explain their positions about the grievance.  If the grievance is resolved at this meeting, a written agreement will be produced and signed by both parties.

 

            Step 1(d):  If the grievance is not resolved at the meeting listed in Step 1(c), the Personnel Chief or his/her designee will file a written response within five (5) calendar days of the meeting stating their position.  Copies of the response will be sent to the designated Union representative and the Labor Relations Manager.

 

G.       STEP TWO: The grievance shall be considered settled in Step One unless the Union files for arbitration in accordance with Article H and the rest of the Agreement.

 

H.       If the grievance is not settled at Step Two, the City and/or Union may submit the grievance to an arbitrator as hereinafter provided.

 

I.         ARBITRATION may be resorted to only when issues arise between the parties hereto with reference to the interpretation, application, or enforcement of the provisions of this Agreement.

 

J.         No item or issue may be subject to arbitration, unless such arbitration is formally requested within thirty (30) days following the filing of the written response required by Step Two of the grievance procedure or the due date therefore. This provision is one of limitation, and no award of any arbitrator may be retroactive for a period greater than thirty (30) days prior to presentation of the grievance in Step One as herein provided or the date of occurrence whichever is later, but in no event shall it be retroactive for any period prior to the execution of this Agreement.

 

K.       Final and binding arbitration may be initiated by either party serving upon the other party a notice in writing of the intent to proceed to arbitration. Said notice shall identify the Agreement provision, the grievance or grievances, the department, and the employees involved.

 

L.         1.        If the parties, within five (5) working days following the receipt of such written notice, do not agree to the selection of an arbitrator, either party may, in writing, request the Wisconsin Employment Relations Commission to submit a list of five (5) arbitrators to the parties. Either party may, within five (5) working days of receipt of said list, notify the other party and the Wisconsin Employment Relations Commission of its intent to reject the entire list submitted by the Wisconsin Employment Relations Commission. Upon receipt of such notice, the Wisconsin Employment Relations Commission shall submit a new list that shall not duplicate in any way the original list. The option to reject the entire list may only be exercised by each party once per grievance.

 

2.         Alternate elimination shall be used to select the arbitrator. The last remaining person shall then be appointed. A toss of a coin shall determine who shall eliminate first.

 

3.         If the parties mutually agree, a staff member of the Wisconsin Employment Relations Commission shall serve as arbitrator. In that event, no other provisions contained herein related to arbitrator selection shall apply.

 

M.       The arbitrator shall neither add to nor detract from nor modify the language of this Agreement in arriving at a determination of any issue presented that is proper for arbitration within the limitations expressed herein. The arbitrator shall have no authority to change wage rates or salaries. The arbitrator shall expressly confine himself/herself to the precise issue(s) submitted for arbitration and shall have no authority to determine any other issue (s) not so submitted to him/her or to render observations or declarations of opinion, which are not directly essential in reaching the determination.

 

N.       All expenses of arbitration proceedings shall be borne equally by the parties. However, expenses relating to the calling of witnesses or any other similar expenses associated with such proceeding, shall be borne by the party at whose request such witnesses are required.  If either or both parties request that an independent stenographic record of the proceedings be made and transcripts provided, the parties shall equally share the entire cost of such service, including the provision of a transcript to each party and the arbitrator.

 

O.       The arbitrator shall hold a hearing at Madison, Wisconsin, at a time and place convenient to the parties at the earliest possible date following notification of a selection. The arbitrator shall take such evidence as in his judgment is appropriate for the disposition of the dispute. Statements of position may be made by the parties and witnesses may be called. The arbitrator shall have initial authority to determine whether or not the dispute is arbitrable under the express terms of this Agreement. Once it is determined that the dispute is arbitrable, the arbitrator shall proceed in accordance with this Article to determine the merits of the dispute submitted to arbitration.

 

P.        Proceedings shall be as provided in Arbitration Chapter 788, Wisconsin Statutes.

 

Q.       LIMITATIONS ON GRIEVANCE ARBITRATORS:

 

            1.      Arbitration shall be limited to grievances over matters involving interpretation, application or enforcement of the terms of this Agreement.

 

            2.        Arbitration shall not apply where Section 62.13 of the Wisconsin Statutes is applicable and where Management has reserved rights relating to arbitration in Article 5 of this Agreement.

 

            3.         No issue whatsoever shall be arbitrated or subject to arbitration unless such issue results from an action or occurrence which takes place following the execution of this Agreement, and no arbitration, determination, or award shall be made by an arbitrator, which grants any right or relief for any period of time whatsoever prior to the execution date of this Agreement or following the termination of this Agreement.

 

R.        In the event that this Agreement is terminated for any reason, rights to arbitration thereupon cease. This provision, however, shall not affect any arbitration proceedings which were properly commenced prior to arbitration or termination of this Agreement.

 

S.         It is contemplated by the provisions of this Agreement that any arbitration award shall be issued by the Arbitrator at the earliest date after completion of the hearing.

 

T.         The City and the Union agree to use an expedited grievance procedure as a pilot program during the term of this agreement for mutually selected grievances.

 

 

ARTICLE 10

AUTHORIZED LEAVE

 

 A.       VACATION LEAVE ELIGIBILITY:

 

Employees shall be granted vacation leave with pay during each calendar year subject to the following terms and conditions:

 

l.          Satisfactory completion of recruit training.

 

2.        Vacation leave which is not taken within the calendar year in which it was earned and prior to separation from service shall be deemed to have been waived except:

 

                       a.       With the recommendation of the Chief and the concurrence of the Human Resource Director.

 

                        b.        When an employee successfully completes the original six month employment period in December or within the first six months of the calendar year.

 

                        c.         When an employee is unable to take scheduled vacation leave due to illness or injury.

 

            3.       Vacation leave shall be accrued on the basis of continuous service including periods of paid absent time. Authorized leaves of absence without pay and periods of layoff shall not qualify as service time.

 

            4.        Vacation leave selection shall be granted by seniority in accordance with the present policy of the department. Employees must convert ninety-nine (99) vacation time days (24 hour shifts) to straight time compensation provided a mutually agreed upon process can be developed between Fire Department Management and Local 311. Under no circumstances shall such addition to the employee’s gross pay be included in calculating overtime rates or any other form of premium pay.

 

            5.        Eligible employees shall accrue a proportional part of vacation at the completion of service for each pay period. Vacation earned in a calendar year may be taken during each year. However, should an employee's service be terminated prior to the end of the year, he/she shall reimburse the City for any unearned leave he/she has taken. There shall be deducted from his/her last wages an amount sufficient for the purpose.

 

            6.         In the event of the death of an employee, any unused vacation and holiday credits shall be added to the last payroll check due the employee.

 

            7.         An employee shall receive his/her full vacation credit in the contract year in which he/she retires plus any unused accrued holidays in the calendar year in which he/she retires.

 

            8.        Local 311 members assigned to the forty hour work week may convert a collective maximum of three weeks of vacation per calendar year with a maximum of one week per person in one week blocks.  Selection shall be made on straight seniority.

 

 

B.        HOLIDAYS:

 

The following days are established as paid holidays for permanent members of the department:

 

            New Year's Day (January 1)

Martin Luther King, Jr.'s Birthday (January 21, 2008, January 19, 2009)

Easter Sunday (March 23, 2008, April 12, 2009)

Memorial Day (May 26, 2008, May 25, 2009)

Independence Day (July 4)

Labor Day (September 1, 2008, September 7, 2009)

Thanksgiving Day (November 27, 2008, November 26, 2009)

Day after Thanksgiving (November 28, 2008, November 27, 2009)

            December 24

            Christmas (December 25 - until 7:00 a.m. on December 26)

            New Year's Eve (1/2 day December 31)

            Two Floating Holidays in 2006-2007

            September 11

            *1 additional 1/2 day of floating holiday

In the event that September 11 is identified as a City holiday and all City employees are eligible to be off with pay, the City will increase the number of floating holidays for 311 members from two (2) to three (3) and, from the date of naming September 11, a City holiday, will increase the pay of all current 311 members by .2%.

 

The City will delete any reference to a one-half day of holiday (Good Friday).  In exchange, the Union's forty-eight (48) hour employees will receive holiday pay as follows:  Employees will receive holiday pay on December 24 beginning at 7 a.m. and December 25 holiday pay until 7 a.m. on December 26. 

 

*Forty (40) hour employees will get one-half (1/2) day (4 hours) floating holiday.

 

In the event that any of the designated holidays fall on an off-duty day, forty (40) hour employees shall be granted a day off at a time which is agreeable to the employee and the supervisor, with the exception of newly hired employees assigned to the recruit academy.

 

C.       COMBINATION VACATION AND HOLIDAY SCHEDULE:

 

           1.        Employees assigned to the 48 hour schedule shall be subject to the following schedule which represents a combination of vacation and holiday leave:

 

                        Years of Service            24 Hour Shifts Off

                          1 through 3                          10 shifts

                          4 through 7                          11 shifts

                          8 through 11                        13 shifts

                        12 through 15                        14 shifts

                        16 through 19                        16 shifts

                        20 through 26                        19 shifts

                          27 and over                         19.5 shifts

 

2.        If an individual's anniversary date is prior to July 1, that anniversary figure will be used in computing vacation for the year. If an individual's anniversary date is July 1 or later, that anniversary figure will become effective for computing vacation as of January 1 the next year.

 

            3.        Partial vacation days of new hires shall be paid in cash the year earned, or may be carried-over into the next year and combined with any compensatory time accrued and may be taken when the total equals a complete 24 hour shift.

 

D.       FORTY-HOUR EMPLOYEE SCHEDULE:

 

Employees assigned to the forty (40) hour week schedule will earn vacation time as follows:

            (Excludes designated holidays)

 

                        Years of Service         Vacation Leave

                            1 through 3                  2 weeks

                            4 through 7               2-1/2 weeks

                            8 through 11                 3 weeks

                          12 through 15              3-1/2 weeks

                          16 through 19                 4 weeks

                          20 through 26                 5 weeks

                            27 and over          5 weeks and 2 days

                        (plus two floating holidays to vacation leave)

Local 311 members assigned to the forty (40) hour work week may convert a collective maximum of three (3) weeks of vacation per calendar year with a maximum of one (1) week per person in one (1) week blocks.  Selection shall be made on straight seniority.

 

E.         BEREAVEMENT LEAVE:

 

            1.         Death in Immediate Family: When there is a death in the immediate family of a 40 hour employee, said 40 hour employee shall be granted leave beginning from the time of death and ending at 7:00 a.m. on the second calendar day following the funeral or a reasonable period of time.  48 hour employees shall be granted bereavement leave as set forth in paragraphs 1a and 1b. The granting of such leave shall be contingent upon the employee's attendance at the funeral services. In such circumstances, additional time off may be granted at the discretion of the Chief and shall be charged to the accrued sick leave of the employee. Requests for additional time off shall be submitted in writing to the Chief.

 

                       a.         Employees shall be limited to a maximum of two (2) twenty-four hour shifts to be used as needed related to funeral or memorial services.  The granting of such leave shall be contingent upon the employee's attendance at the funeral services, memorial service or arrangements related to the death.

 

                       b.        Employees who are listed on vacation beginning from the time of death and ending at 7 a.m. on the second calendar day following the funeral shall be allowed to re-select those shifts designated as vacation.  Re-selection of vacation shall be limited to a maximum of two (2) twenty-four hour shifts for 48 hour employees or the period of time described above for 40 hour employees.

 

                        c.   &nbs