CITY OF BOISE. SUBJECT: Reso approving CLA with Fire Union dated October 1, 2010 to Sept. 30, 2013.

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1 CITY OF BOISE To: FROM: Mayor and Council Kevin S. Borger, Assistant City Attorney RESOLUTION NUMBER: R DATE: October 4, 2010 SUBJECT: Reso approving CLA with Fire Union dated October 1, 2010 to Sept. 30, ACTION REQUIRED: Council needs to vote in open session to approve the Collective Labor Agreement with Local 149 of the International Association of Fire Fighters. RECOMMENDATION: Approval FISCAL IMPACT/BUDGET IMPLICATIONS: Budget implications are as previously discussed. BACKGROUND: The union membership approved the contract, previously discussed with council in executive session, in voting which ended September 19, The resolution adopting the contract will be on the agenda for Council action October 12, If you have questions before that time, please Kevin S. Borger at ATTACHMENTS: Resolution approving the collective labor agreement and final version of the agreement.

2 RESOLUTION NO. BY THE COUNCIL: BISTERFELDT, CLEGG, EBERLE, JORDAN, SHEALY AND THOMSON A RESOLUTION APPROVING THE COLLECTIVE LABOR AGREEMENT BETWEEN THE CITY OF BOISE CITY AND INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL 149, DATED OCTOBER 1, SEPTEMBER 30, 2013; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID AGREEMENT ON BEHALF OF BOISE CITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Union membership previously voted on or about September 15-19, 2010 to accept the collective labor agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF BOISE CITY, IDAHO: Section 1. That the Agreement by and between the City of Boise City and International Association of Fire Fighters, Local 149, a copy of said Agreement being attached hereto and incorporated herein by reference, be, and the same is hereby, approved as to both form and content. Section 2. That the Mayor and City Clerk be, and they hereby are, authorized to respectively execute and attest said Agreement for and on behalf of the City of Boise City. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. APPROVED: ADOPTED by the Council of the City of Boise, Idaho, this day of October, APPROVED by the Mayor of the City of Boise, Idaho this day of October, ATTEST: MAYOR CITY CLERK R

3 COLLECTIVE LABOR AGREEMENT OCTOBER 1, 2010 THROUGH SEPTEMBER 30, 2013 CITY OF BOISE LOCAL #149 I.A.F.F.

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5 1 2 3 COLLECTIVE LABOR AGREEMENT BETWEEN CITY OF BOISE AND FIRE FIGHTERS LOCAL 149, I.A.F.F. TABLE OF CONTENTS CITY COUNCIL RESOLUTION 4 ARTICLE 1. PREAMBLE 6 ARTICLE 2. GENERAL PROVISIONS 7 Section A. Term 8 7 Section B. Scope 9 8 Section C. Definitions 10 8 Section D. Discrimination Section E. Residency Section F. Union Business Section G. Monthly Service Charge Section H. Strikes Section I. Management Rights Section J. Prevailing Rights Section K. Construction Section L. Saving Clause ARTICLE 3. WAGES 13 Section A. Base Pay Section B. Career Development Program Section C. Certification Pay Section D. Overtime Section E. Call Back Section F. Working Out of Classification (WOC) Section G. Mileage for Station Changes Section H. Court and Jury Leave Table of Contents 1

6 Section I. Separation 1 21 Section J. Vacancies 2 21 Section K. Pager Standby ARTICLE 4. MEMBER BENEFITS 22 Section A. Vacations 5 22 Section B. Holidays 6 26 Section C. Sick Leave 7 26 Section D. Accumulated Sick Leave (ASL) 8 30 Section E. Bereavement 9 30 Section F. Insurance Section G. Post Employment Health Plan (PEHP) or 11 HRA-VEBA 32 Section H. Deferred Compensation Section I. Survivor s Benefits Section J. FRF Contributions ARTICLE 5. HOURS OF WORK 35 Section A. Shift Duty Members Section B. Forty (40) Hour Workweek Members Section C. Hourly Rate Conversion Section D. Kelly Day Section E. Minimum Staffing Section F. Work Duties ARTICLE 6. SPECIAL PROVISIONS 38 Section A. Grievances Section B. Termination, Demotion and Suspension without 24 Pay 42 Section C. Management Grievances Section D. Voluntary Mediation Section E. Promotional Examinations Section F. Personnel Reductions Table of Contents 2

7 Section G. Uniform and Other Equipment 1 45 Section H. Safety and Welfare Committee 2 45 Section I. Educational Incentive Program (EIP) 3 46 Section J. Mediation and Binding Fact Finding 4 48 Section K. Rules and Regulations/Policies and Procedures 5 50 Section L. Physical Fitness Program 6 52 Section M. Bi-Weekly Payroll SIGNATURE PAGE 53 APPENDIX A PAY SCHEDULES 54 Schedule 1 - Base Pay (Monthly) Schedule 2 Specialty Team Pay Categories APPENDIX B APPROVED EIP DEGREES 60 APPENDIX C POLICE/FIRE HEALTH PLAN 61 Table of Contents 3

8 Resolution 4

9 Resolution 5

10 1 COLLECTIVE LABOR AGREEMENT AGREEMENT made this 1 st day of October 2010 between 2 the CITY OF BOISE, a municipal corporation of Idaho, hereinafter referred to as3 BOISE CITY, and the INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL 4 149, hereinafter 5 referred to as the UNION. 6 W I T N E S S E T H: 7 ARTICLE 1. PREAMBLE WHEREAS, pursuant to the provisions of Idaho Code, 8 Chapter 18, Title 44 (Session laws 1970, Chapter 138 as amended), BOISE CITY 9 and the UNION have reached agreement with respect to wages, rates of pay, working 10 conditions and all other terms and conditions of employment pertaining to the members 11 employed by BOISE 12 CITY in various capacities. WHEREAS, BOISE CITY and the UNION agree that 13the establishment and maintenance of trust, harmony, efficiency, and job effectiveness 14are in the best interests of BOISE CITY, the UNION and the public. Furthermore, it 15 is agreed by both BOISE CITY and the UNION that the successful resolution of problems 16is an important element of their working relationship, and BOISE CITY and the UNION 17 commit themselves to the equitable and peaceful adjustment of any differences which18 may arise. WHEREAS, BOISE CITY agrees to recognize the Department's 19 Fire Fighters as professional Fire Fighters dedicated to serving the citizens of 20Boise City; the UNION agrees to support BOISE CITY in improving the safety of citizens 21 and Fire Fighters to 22 the fullest extent possible. WHEREAS, representatives of the UNION timely presented 23 to BOISE CITY written notice for a meeting for collective bargaining purposes 24 pursuant to the provisions of said Chapter 18, Title 44, Idaho Code (Session Laws 1970, 25 Chapter 138); and WHEREAS, representatives of BOISE CITY and the 26UNION have met and conferred in good faith regarding wages, rates of pay, working 27conditions and all terms and conditions of employment, and, as a result thereof, BOISE 28 CITY and the UNION ARTICLE 1. PREAMBLE 6

11 desire to enter into a Collective Labor Agreement resolving such 1 matters in favor of the Fire Fighters and BOISE CITY for the period of October 1, through September 30, ; and NOW, THEREFORE, in consideration of the foregoing recitals 4 and the covenants and agreements hereinafter provided, BOISE CITY and the UNION 5 mutually agree as follows: ARTICLE 2. GENERAL PROVISIONS Section A. Term. This Collective Labor Agreement, hereinafter referred 9 to and called AGREEMENT, shall become effective October 1, 2010 and shall 10 remain in full force and 11 effect through September 30, In agreeing to this thirty-six (36) month AGREEMENT, the 12 parties agree that the statutory notice provisions of Idaho Code and are separate and distinct and further, that for purposes of preparation for the negotiation 14 of a successor AGREEMENT, the UNION may give timely notice of request15 for bargaining on matters requiring appropriation pursuant to Idaho Code , 16 and may thereafter give separate timely notice of request for a meeting for collective 17 bargaining purposes 18 pursuant to Idaho Code BOISE CITY agrees to the following conditions with respect 19 to the negotiation of 20 a successor labor agreement: 1. That the amount specifically designated for the Fire 21 Department of BOISE CITY in the BOISE CITY's approved Budget for the fiscal year shall not alone be a limiting consideration in satisfying the fiscal 23 needs of a successor agreement addressing the remainder of that fiscal year24 after the expiration of this 25 AGREEMENT on September 30, 2013; and 2. That serious, good faith consideration will be given 26 to the application of all surplus funds, undesignated funds, reserves and fund 27equity in satisfying the ARTICLE 1. PREAMBLE ARTICLE 2. GENERAL PROVISIONS; Section A. 7

12 fiscal needs of a successor agreement addressing all fiscal 1 periods covered by 2 3 the successor agreement. Section B. Scope. BOISE CITY hereby recognizes the UNION as the sole 4and exclusive bargaining agent for all Fire Fighters in the Fire Department of BOISE CITY 5 pursuant to Chapter 18, Title 44, Idaho Code. For purposes of this AGREEMENT, 6the Fire Fighters in the Fire Department of BOISE CITY shall mean all the paid members 7 whose positions, because of the duties required, are defined as Fire Fighter positions 8 in Chapter 18, Title 44, Idaho Code, and shall specifically exclude the Fire Chief, 9Deputy Chiefs, Division Chiefs, Fire Marshal, Fire Chief's Administrative Manager, Office 10 Coordinator, and the secretarial staff. In the event a new position not referenced above 11 is created within the Fire Department of BOISE CITY during the term of this AGREEMENT, 12 representatives of BOISE CITY and the UNION shall immediately meet and13 discuss whether the new position is appropriately within or without the bargaining unit represented 14 by the UNION. If the parties are unable to reach agreement as to whether the 15new position falls within the definition of "Fire Fighter", as defined in Idaho Code (a), 16 the dispute shall be submitted by the parties to arbitration for unit clarification17 purposes pursuant to the provisions of Article 6. Section A. Subsection 3. Grievance Procedure. 18 The Union shall allow one (1) part-time position with19the Logistics Division to conduct Self Contained Breathing Apparatus (SCBA) maintenance 20 and repair work only. The SCBA Technician position falls within the definition of Fire 21 Fighter as defined in Idaho Code (a). The part-time SCBA Technician 22 shall be a retired BOISE CITY Fire Fighter and will only perform work related to the maintenance 23 and repair of SCBA. Section C. Definitions. For the purposes of this AGREEMENT, as used herein:26 27 Base Pay - As set forth on Appendix A, Schedule 1 ARTICLE 2. GENERAL PROVISIONS; Section A. through Section C. 8

13 Call Back - Earned when a member is called to return to1duty as a result of an 2 emergency situation. Certification Pay - Fifty-five hundredths percent (.55%) of 3 Base Pay times that member's years of service with the Fire Department of BOISE 4 CITY times that 5 member's current Base Pay. Compensatory Time - Paid time off the job which is earned6 and accrued in lieu of monetary payment for overtime worked, and which may be used 7 or sold in accordance 8 with the provisions of this AGREEMENT. Composite Pay - Shall be the monthly rate that includes Base 9 Pay plus Certification 10 Pay plus all Remunerations. Composite Rate - Shall be an hourly rate that includes Base 11 Pay plus Certification Pay 12 plus all Remunerations. Fire Chief - Shall mean the Fire Chief of the Fire Department13 of BOISE CITY or his/her 14 designee. Forty (40) Hour Workweek Members - Members assigned15 to work a forty (40) hour workweek schedule in any of the following divisions: Fire 16 Prevention, Logistics, or 17 Training. Members - Shall be all Fire Fighters in the Fire Department of18 BOISE CITY, as the term Fire Fighter is defined in Chapter 18, Title 44 of the Idaho Code, 19 and as further defined 20 in Article 2, Section B. Scope. Overtime - All work in excess of the regularly scheduled21 hours of work with the 22 exception of pay for pager standby. Overtime Rate - Shall be equal to one and one-half (1.5) times 23the Composite Rate. Remunerations - Shall include Career Development Program 24 pay, Educational Incentive Program pay, Specialty Team Pay, Specialty Team 25 Longevity Pay, and 26 Paramedic-Fire Fighter Certification Pay. Shift - Shall mean the 24 hour period of time that shift duty members 27 are scheduled to 28 be on duty. ARTICLE 2. GENERAL PROVISIONS; Section C. 9

14 Shift Duty Members - Shall mean members ordinarily1 working fifty-four and twenty-nine one hundredths (54.29) average hours per week, 2such hours per week to be performed and executed through the existing three-platoon system. 3 Sick Leave - Shall mean leave for reasons of (1) personal illness, 4 (2) personal injury not arising in the course of employment, (3) quarantine, (4) 5illness of the member's family necessitating the member's absence from duty, or (5) doctor 6 appointments. 7 Standard Pay - Shall include Base Pay plus Certification Pay. Standard Rate - Shall be an hourly rate to include Base Pay plus 8 Certification Pay. Tour - Shall mean the combination of two (2) consecutive shifts 9 which makes up a shift 10 duty member s schedule of Vacancy - An open position resulting from voluntary or11 involuntary termination, retirement, death, promotion or demotion. Vacancies do not12 result from a reduction in force, temporary assignment or temporary appointment. When 13a temporary assignment or appointment is made, BOISE CITY shall notify the UNION in14 writing. 15 Section D. Discrimination. 1. BOISE CITY and the UNION shall not discriminate 16 against any member with respect to a member's compensation, terms, conditions 17 or privileges of 18 employment because of: a. Activity on behalf of, or membership in, the 19 UNION; or, b. BOISE CITY is committed to providing equal 20employment opportunity for all persons without regard to race, color, religion, 21 gender, age, national origin, sexual orientation, gender identity, disability, 22 veteran status, or any other applicable legally protected status 23for which reasonable 24 accommodations can be made; or, c. Other factors which do not constitute25 bonafide occupational requirements. It is the exclusive responsibility 26 of BOISE CITY to 27 determine bonafide occupational requirements. ARTICLE 2. GENERAL PROVISIONS; Section C. through D. 10

15 2. Grievance settlements relative to this provision, 1or arbitration awards if any, shall be reduced by any amounts obtained by the2affected employee as a result of any administrative action before a Local, State 3 or Federal Agency concerning the same complaint, but only to the extent4of cumulative damages 5 6 pertaining to the same types of relief obtained. Section E. Residency. Residency within the corporate limits of Boise City shall 7 not be a condition of employment or continued employment. However, if 8non-residency creates circumstances affecting the operating efficiency or response9capabilities of the Fire Department of BOISE CITY, residency shall be a subject of renegotiation 10 between the UNION and BOISE CITY. The domiciling of Fire Department 11of BOISE CITY vehicles shall be within a 21-mile distance from BOISE CITY limits for 12all vehicle assignments made after April 1, Section F. Union Business. Up to three (3) members of the UNION's Contract Negotiation 15 Committee shall be allowed time off for all meetings with BOISE CITY for contract 16 negotiations which shall be mutually set by BOISE CITY and the UNION. In addition, 17 the UNION may bring other requests for time off for UNION conventions, seminars, 18 and workshops and other meetings of a similar nature to the attention of the Fire Chief. 19 Where it is demonstrated that attendance at such meetings will benefit the BOISE CITY, 20 the Fire Chief may, in his discretion, grant time off with Composite Pay. BOISE CITY agrees 21 to grant time off to UNION officials when necessary to conduct UNION business22 with Fire Department of 23 BOISE CITY management and BOISE CITY officials. Members of the UNION involved in lobbying during Legislative 24 sessions shall be granted reasonable time off for such activity that is beneficial 25to BOISE CITY and the fire service whenever staffing is such that there will be no 26 additional cost to BOISE 27 CITY. ARTICLE 2. GENERAL PROVISIONS; Section D. through Section F. 11

16 1 Section G. Monthly Service Charge. The UNION shall request present or future bargaining unit 2 members to pay to the UNION a monthly service charge. For UNION members 3that service charge will constitute that member's, UNION dues, fees and assessments. 4 The UNION shall request each bargaining unit employee to sign and file with5 BOISE CITY a written authorization approving this deduction, and remittance, from wages. 6 BOISE CITY agrees to deduct authorized monthly service 7 charges in amounts specified by the authorized officer of the UNION, from the8 pay of bargaining unit employees upon receipt of the written authorization from the employee. 9 BOISE CITY further agrees to transmit those amounts monthly to the UNION 10on or about the first day of the month following such monthly service charges are withheld 11 from the wage of each employee. The authorization from the employee shall12 remain in effect until the employee gives written notice to BOISE CITY of revocation 13 of the employee's 14 authorization. The UNION agrees to give BOISE CITY a minimum 15 of thirty (30) days written notification prior to the payroll input date of any change in the monthly 16 service charge. 17 Section H. Strikes. Upon the consummation and during the term of this AGREEMENT, 18 no member covered by this AGREEMENT shall strike or recognize a19 picket line of any labor organization while in the performance of the member's official 20 duty. 21 Section I. Management Rights. BOISE CITY shall retain the exclusive right to exercise 22 the regular and customary functions of management, including but not limited23 to directing the activities of the Fire Department of BOISE CITY, determining levels of 24service and methods of operation, including contracting of Fire Department of BOISE 25CITY services to other agencies; the introduction of new equipment; the right to 26 hire, lay-off, transfer and promote; to discipline and to discharge its members for cause; 27 to determine work schedules and assign work; to determine the amount of apparatus 28 in the main and ARTICLE 2. GENERAL PROVISIONS; Section G. through Section I. 12

17 reserve fleet. Provided, that nothing in this Article shall nullify: 1 (1) Any provisions elsewhere in this AGREEMENT, or, (2) BOISE CITY's statutory 2 obligation to negotiate 3 4 with the UNION pursuant to Chapter 18, Title 44, Idaho Code. Section J. Prevailing Rights. All rights, benefits and privileges held by members which5 are not included in this AGREEMENT shall remain in force, unchanged and unaffected6in any manner. 7 Section K. Construction. This AGREEMENT has been negotiated and executed8 in compliance with the provisions of Chapter 18, Title 44, Idaho Code. The terms and 9 conditions hereof are binding upon and govern and control the rights, benefits and10 privileges of each party, and their successors and assigns, and inure to the benefit of the 11 UNION and its officers and constituents thereof. Section L. Saving Clause. If any provisions of this AGREEMENT or the application 14of such provisions shall be rendered or declared invalid by any court action or by reason 15 of any existing or subsequently enacted legislation, the remaining parts or portions 16 of this AGREEMENT shall remain in full force and effect. In such event, the parties17 agree to meet as soon as is practicable to renegotiate the provision or provisions declared 18invalid ARTICLE 3. WAGES Section A. Base Pay. Base Pay of the members of the Fire Department of BOISE 21 CITY shall be fixed and paid as set forth in Appendix A, attached hereto and22 incorporated herein by attachment, and shall include across the board increases of23 two and one-half percent (2.5%) for a Base Pay adjustment effective October 1, and two and one-half 25 percent (2.5%) effective October 1, ARTICLE 2. GENERAL PROVISIONS; Section I. through Section L. ARTICLE 3. WAGES; Section A. 13

18 1 Section B. Career Development Program. Members are encouraged to seek opportunities to enhance 2 their careers and their professional development through a variety of educational 3 and training opportunities. Unless otherwise pre-approved by the Department 4 Head, members are 5 responsible to pay the cost of the course work and complete the course work off duty. 1. Senior Fire Fighter. The Senior Fire Fighter will 6obtain a Step 1 increase upon reaching one (1) year time in grade and upon successful 7 completion of forty-eight (48) hours course work in the Career Development 8 Fire Officer Program. The Senior Fire Fighter will receive Step 2 9upon reaching three (3) years time in grade and upon successful completion of 10an additional forty-eight (48) hours, (for a total of ninety-six (96) hours) course 11 work in the Career 12 Development Fire Officer Program. 2. Captain. The Captain will obtain a Step 1 increase 13 upon reaching one (1) year time in grade and upon successful completion of six 14(6) credits of the course work in the Career Development Chief Officer Program. 15The Captain will receive Step 2 upon reaching three (3) years time in grade 16 and upon successful completion of six (6) additional credits (for a total of twelve 17 (12) credits) of the course work in the Career Development Chief Officer Program Battalion Chief. The Battalion Chief will obtain19 a Step 1 increase upon reaching one (1) year time in grade and upon successful 20completion of sixty (60) hours continuing education provided at least eight (8) hours 21 is dedicated to each of the following areas: communication, 22 human resources, management/leadership, and finance. The Battalion Chief 23 will obtain a Step 2 increase upon reaching three (3) years time in grade 24 and upon successful completion of one hundred (100) hours of continuous education 25 provided at least sixteen (16) hours is dedicated to each of the following 26 areas: communication, human resources; management/leadership, and finance. 27 As an alternative to minimum hour s requirement in multiple areas, Battalion 28 Chiefs may attend the ARTICLE 3. WAGES; Section B. 14

19 Executive Fire Officer program at the National Fire Academy 1 and have those 2 hours credited towards the step raise hours. Continuing education credit shall be provided on an3hour-for-hour basis for classes which have a target audience of mid-managers and/or 4 executive managers, which the member has paid for and taken on his/her own time. Rank Step 1 Step 2 (additional 2%) Senior Fire Fighter One percent (1%) of Base Pay Three percent (3%) of Base Pay Captain One percent (1%) of Base Pay Three percent (3%) of Base Pay Battalion Chief One percent (1%) of Base Pay Three percent (3%) of Base Pay Step 1 Carryover: A Senior Fire Fighter or Captain 10 who has fulfilled the 11 requirements of Step 1: a. When promoted, will receive one percent 12 (1%) of their Base Pay; 13 and, b. Upon completion of the Step 1 requirements 14for Captain or Battalion Chief, will begin receiving an additional one 15 percent (1%) of their 16 Base Pay; and, c. Upon completion of the Step 2 requirements 17for Captain or Battalion Chief, will begin receiving an additional two 18 percent (2%) of their 19 Base Pay. Step 2 Carryover: A Senior Fire Fighter or Captain 20 who has fulfilled the 21 requirements of Step 2: a. When promoted, will receive three percent 22(3%) of their Base Pay; 23 and, b. Upon completion of the Step 1 requirements 24for Captain or Battalion Chief, will begin receiving an additional one 25 percent (1%) of their 26 Base Pay; and, ARTICLE 3. WAGES; Section B. 15

20 c. Upon completion of the Step 2 requirements1 for Captain or Battalion Chief, and will begin receiving an additional 2two percent (2%) of their 3 Base Pay. Step raises may not be attained for a previously held rank. 4 5 Section C. Certification Pay. Definition: Certification Pay shall include Emergency 6 Medical Technician, Emergency Vehicle Technician, and Idaho State Fire Inspector.7 Members are qualified to receive Certification Pay upon 8receipt and maintenance of job related certification. Members assigned to Operations 9 and Training will be qualified for Certification Pay upon certification as an Idaho 10 Emergency Medical Technician (EMT). Members assigned to Logistics will qualify 11upon certification as an Emergency Vehicle Technician (EVT). Members assigned to 12 Fire Prevention will qualify upon certification as an Idaho State Fire Inspector (ISFI). Members 13 transferring to an assignment without the required certification will be allowed 14two years to earn the necessary certification without loss of Certification Pay. Day15 crew members who are also members of a Specialty Team may elect to maintain their 16EMT certification but will be compensated for only one certification. Any day crew 17 member whose EMT certification has lapsed shall not be permitted to recertify as 18 an EMT until assigned to 19 the Operations or Training Division. Upon a member's loss of certification, that member shall 20 lose the entitlement to further Certification Pay increases until such time that valid 21 recertification is obtained. Should a member fail to obtain recertification after taking the recertification 22 exam for the second time, that member will forfeit ten percent (10%) of 23 that member's earned Certification Pay due, and shall continue to forfeit an additional 24ten percent (10%) of that member's Certification Pay due for each subsequent time the 25 recertification exam is failed. Upon gaining recertification, the member shall receive 26Certification Pay at the ARTICLE 3. WAGES; Section B. through Section C. 16

21 rate in effect when certification was lost, including any anniversary 1 increases which 2 occurred during loss of certification. The first payroll period following the qualified member's anniversary 3 date with the Fire Department of BOISE CITY shall be the effective date4for receiving a fifty-five hundredths percent (.55%) Certification Pay increase of the 5member's Base Pay for each subsequent qualifying year of service in the Fire Department 6 of BOISE CITY, recognizing the increasing proficiency which accrues with increased 7 years of service. BOISE CITY and the UNION agree that job related certification 8 is a condition of employment and a continuing program. BOISE CITY will provide 9 all the training classes necessary for certification or recertification during the member's 10regular working hours. 11 Section D. Overtime. 1. Overtime is defined as all work in excess of the 12 regularly scheduled hours of work and shall be compensated at the Overtime Rate. 13 a. Up to thirty (30) minutes shall be deemed 14to be one-half (½) hour 15 overtime. b. Over thirty (30) minutes in each hour shall 16be deemed one (1) hour 17 overtime. 2. At the request of the member, the Fire Chief may 18 provide that, in lieu of monetary payment for overtime, the member will earn compensatory 19 time at one and one-half (1.5) times hours worked. Otherwise, 20 all overtime earned by a member will be paid as part of their regular paycheck21 at the Overtime Rate. A member, upon request, may receive payment of some 22 or all accumulated compensatory time in any of the member's regular paychecks. 23 BOISE CITY shall pay (in a separate check), prior to November 30th of each 24 year, all accumulated compensatory time in excess of forty (40) hours of accumulated 25 compensatory time in conjunction with the vacation/compensatory time/constant 26 staffing (on the books) selldown check. Prior to October 31st of each year, 27 members shall notify ARTICLE 3. WAGES; Section C. through Section D. 17

22 Accounting/Payroll of the proportionate share of their compensatory 1 time to be 2 carried over after October 31st of that year. 3. The maximum total accrual for compensatory time3 shall at no time exceed 4 four hundred (400) hours. 4. A member ordered to remain on duty pending the5 arrival of the member's relief shall be paid at the Overtime Rate from the regular 6 shift change time until 7 8 properly relieved. 5. Overtime shall be distributed as follows: a. Overtime, in the Operations Division, shall 9be distributed as equally as practicable among members of the same classification, 10 except: i. To fill a position in an emergency situation. 11 ii. For staffing requirements for the Dive 12 Company, Technical Rescue Company, Hazardous Materials 13 Company, and the ARFF Company when a sufficient number of certified 14 members are not 15 available. b. Overtime for all other Divisions shall be16first distributed to those members within the same job classification and 17Division as equally as practicable. For all Divisions except Operations, 18 a list of qualified members shall be established for overtime consideration. 19 The distribution of overtime shall be based upon the need of the 20 department. 6. FLSA Overtime. For calculation of FLSA Overtime, 21 the hours paid will be calculated at the Composite Rate. The Standard FLSA22 period is 182 hours (in a 24 day cycle). Sick Leave, Kelly Days, Jury Duty Leave, 23 Military Leave, Service Sick, Extended Sick Leave, Leave Without Pay, and/or24 Bereavement Leave used by a member during the FLSA period, shall not count 25as hours worked when 26 making the calculation. ARTICLE 3. WAGES; Section D. 18

23 1 Section E. Call Back. Call back shall be paid at the Overtime Rate and shall start 2 once the member has received the call to report to work, so long as the member leaves 3 his or her present location to proceed to the emergency call back location. A member 4 called to work at a time other than that member's scheduled work shift shall be credited 5 with a minimum of three (3) hours at the Overtime Rate unless such time is continuous 6 with his or her scheduled work day. In that case, the member shall be paid7for the actual call back worked to the nearest half hour at the Overtime Rate. On-Call8 Safety Officers that are paged, respond to an emergency location, or are cancelled en-route, 9 shall be paid for the actual call back worked to the nearest half hour at the Overtime 10 Rate. 11 Section F. Working Out of Classification (WOC). A member covered by this AGREEMENT shall, when authorized 12 to carry out the duties of a position of a higher classification, receive the difference 13 in pay between the average Standard Rate of all members in the classification 14 that member fills and the average Standard Rate of all members in the classification15 of the member s current classification. For members in the Fire Fighter classification the 16 additional pay shall be the difference between the average Standard Rate of all members 17 in the classification that the member fills and the average Standard Rate of all members 18 in the Fire Fighter I, II, and III classification. For FLSA overtime related to working 19 out of class, the calculation shall be [WOC Earnings per FLSA period plus 20 (Monthly Composite Pay multiplied times 12 months divided by periods)] divided21 by average FLSA 22 cycle hours. In the absence of the Deputy Chief of Operations, 23 the Division Chief of Operations will assume the duties of the Deputy Chief of Operations. 24 In the absence of both the Deputy Chief of Operations and Division Chief of Operations, 25 a Battalion Chief, when authorized to carry out the duties of the Deputy Chief of26 Operations, shall receive the difference in pay between the average Standard Rate of 27all the members in the ARTICLE 3. WAGES; Section E. through Section F. 19

24 Battalion Chief classification and the Deputy Chief of Operations. 1 Battalion Chiefs may not work out of classification as Senior Fire Fighter or Fire Fighter. 2 In the absence of the Deputy Chief-Fire Marshal, the Assistant 3 Fire Marshal or the Fire Chief will assume the duties of the Deputy Chief-Fire 4Marshal. In the absence of both the Fire Marshal and the Assistant Fire Marshal, a Captain 5 Inspector, when authorized to carry out the duties of the Deputy Chief-Fire Marshal, 6 shall receive the difference in pay between the average Standard Rate of all the7members in the Captain Inspector classification and the Deputy Chief-Fire Marshal. A Captain 8 Inspector shall not be compensated at the above rate for pager stand-by or for overtime 9 spent performing their Captain Inspector duties. Section G. Mileage for Station Changes. If any member is required to use a personal vehicle 12 to change that member's working place from that to which the member reported for duty, 13 the member shall be entitled to mileage at the prevailing BOISE CITY rate for the distance 14 traveled. Payment for travel mileage shall be included on the member s regular paycheck Section H. Court and Jury Leave. Any member who is directed by proper authority to 17 serve on jury duty, or to appear as a witness in any judicial or administrative proceeding 18 involving job related matters while on duty, shall not be considered absent from 19 duty, and shall be considered to be on Court/Jury leave with Composite Pay, so 20 long as that member shall have provided his superior with prior notice of such obligation. 21 A member who is on scheduled leave and who is required to serve on jury duty or22 as a witness may elect to return to shift duty for that period during which the member is23 serving on jury duty or as 24 a witness. Whenever a member has been directed by the Fire Chief 25 to appear as a witness, or has been subpoenaed as a witness in connection with a26 matter arising out of the course of that member's employment with BOISE CITY, and27 is required to respond to ARTICLE 3. WAGES; Section F. through Section H. 20

25 such subpoena on a scheduled day off, the member shall receive 1 pay at the Overtime 2 Rate. Members serving on jury duty or as witnesses who physically 3 report for such duty and who are released in the first half of their work shift shall contact 4 their supervisors for instructions to return to work; however, members so released, 5who will be required to continue court/jury duty the morning following their evening shifts 6 will be granted the 7 evening off so as to be ready for jury duty the next morning. Members who are involved in suits against the BOISE CITY 8 as plaintiffs, or who 9 10 are parties to such suits, shall pursue such suits off-duty. Section I. Separation. When a non-probationary member, terminates employment 11 for any reason, the member will receive pay in accordance with that member's12 wage schedule, together with any and all final compensation due, on that member's next 13regular paycheck. Final compensation is calculated as follows: Base Pay (Monthly), 14 Certification Pay, and Remunerations divided by the member s actual number of regular 15 scheduled shifts then multiplied by actual shifts worked in the month of separation. Other 16 final settlements will occur in accordance with this AGREEMENT. Section J. Vacancies. 1. A vacancy shall be filled within thirty (30) calendar 19 days following the date the position is vacated. The filling of the position shall20 be from the list of eligible applicants/candidates. Filling of a vacant position may 21 be delayed by mutual agreement of BOISE CITY and the UNION because 22 of reorganization or other 23 reasons where the position may not be maintained. 2. When hiring probationary Fire Fighters for replacement, 24 BOISE CITY will be allowed a forty-five (45) calendar day grace period25 to allow for qualification examinations and the possibility that additional probationary 26 Fire Fighters may be hired to provide a training class of more than one Fire 27 Fighter. During this forty-five (45) calendar day grace period, if additional 28 replacements appear ARTICLE 3. WAGES; Section H. through Section J. 21

26 imminent, the grace period may be extended upon mutual 1 consent of BOISE 2 3 CITY and the UNION. Section K. Pager Standby. When assigned by the Fire Chief, one (1) Captain Training 4 Officer qualified as a Safety Officer, one (1) Captain Inspector assigned to the Fire5 Investigation Unit, and one (1) Captain Logistics may be assigned to carry a pager 6 when off duty for the purpose of responding when called. Pager Standby is paid7 at the Standard Rate Pager Standby compensable time shall be as follows: 1. Monday through Friday: Two (2) hours. 2. Saturday, Sunday and Holidays: Four (4) hours. ARTICLE 4. MEMBER BENEFITS Section A. Vacations. Members shall be entitled to vacation with Composite Pay 13 in accordance with the following schedule and requirements: 1. Members Assigned to Shift Duty: Years of Employment Monthly Accrual Maximum Accumulation Less than 5 years 18 hours hours 5 years but less than 10 years 21 hours hours 10 years but less than 15 years 23 hours hours 15 years but less than 19 years 27 hours hours 19 years and over 27 hours hours A conversion factor of.736 shall be used for shift duty members 22 moving to a forty (40) hour workweek schedule. After thirty (30) calendar days23 of modified duty, or upon 24 use of vacation, the conversion shall occur. 2. Members Assigned to forty (40) hour workweek schedule: 25 ARTICLE 3. WAGES; Section J. through Section K. ARTICLE 4. MEMBER BENEFITS; Section A. 22

27 1 Years of Employment Monthly Accrual Maximum Accumulation Less than 5 years 9 hours hours 5 years but less than 10 years 11 hours hours 10 years but less than 15 years 13 hours hours 15 years but less than 19 years 16 hours hours 19 years and over 16 hours hours A conversion factor of 1.36 shall be used for Forty (40) Hour 7 Workweek Members 8 moving to shift duty. 3. Probationary members must have completed six (6) 9 months of continuous service to BOISE CITY in order to use vacation leave. 10 Probationary members begin accruing vacation and sick leave upon date 11 of hire. If probationary members do not complete six (6) months of continuous 12 service with BOISE 13 CITY, vacation and sick balances will not be paid out. 4. Vacation/Compensatory time shall be used in blocks 14 of time as follows: ; (any three (3) to five (5) hour15 block within this period); ; or a twenty-four (24) hour block. Ninety-six 16 (96) hours prior to the affected shift, notice must be given before time17off may be cancelled. Cancellation of vacation leave/compensatory time with18 less than ninety-six (96) hours notice may be allowed with Deputy Chief or his/her 19designee, approval due to special circumstances (i.e. bereavement, sick leave, 20special duty or special assignment). In the event ninety-six (96) hours notice 21 of cancellation is not given, the scheduled member will be required to use the 22 entire block of time the member had scheduled. Vacation leave/compensatory23 time requests outside of the previously identified blocks may be allowed with24deputy Chief or his/her designee, approval. The Deputy Chief shall consider 25 approval based on: scheduled training, required minimum staffing, extra on-duty 26 members and time available. At any time, the Fire Chief may discontinue the 27 ability to grant vacation leave/compensatory time requests outside of the previously 28 identified blocks. ARTICLE 4. MEMBER BENEFITS; Section A. 23

28 5. For shift duty members, a formula shall be utilized1 to calculate the number of members that are allowed vacation, Kelly Day or compensatory 2 time. The formula is the average number of members per shift (averaged 3 between shifts) divided by a factor of seven and one-half (7.5). There will 4 be no rounding up of numbers from the formula. The product must reach a whole 5 number to allow the next increase in the number of members allowed time6off. In the event of an increase in authorized Fire Fighter positions (such as hiring 7 for a new company, increasing staffing levels, etc.), the number of members8 allowed time off will be adjusted effective on the date of hiring. Early hiring9 for a pending recruit academy/carrying extra positions will not require an adjustment. 10 Likewise, in the event of a decrease in authorized Fire Fighter positions 11(such as a reduction in force, discontinuation of the Boise-Whitney or Boise-North 12 Ada County Fire and Rescue (NACFR) service Agreements, etc.) the number 13of members allowed off 14 will be adjusted effective on the day of the reduction. Example: As of March 1, 2008 there are two 15 hundred twenty-six (226) members assigned to suppression, divided by three (3) 16 platoons, equals seventy- five (75) members per shift. Seventy-five (75) divided 17by seven and one-half (7.5) equals ten (10). The Fire Chief may, at his sole discretion, 18 allow additional members time off subject to the conditions: 1) that no19 additional cost to BOISE CITY through minimum staffing or call back of non-scheduled 20 members is realized, and 2) that the Fire Chief may wait until the 21 day requested to approve 22 the time off. 6. Members assigned to Training and Logistics shall 23 be limited to two (2) members off duty for vacation, Kelly Day or compensatory 24 time in each respective division at any one time. Three (3) members25 assigned to Training and Logistics shall be allowed vacation, Kelly Day or compensatory 26 time off for the following: Christmas Eve, the day after Christmas (if a 27 regular work day), the day prior to and the day after Thanksgiving, the Friday before 28 and the Tuesday after ARTICLE 4. MEMBER BENEFITS; Section A. 24

29 Memorial Day, and the Friday before and the Tuesday after 1 Labor Day. Members assigned to Fire Prevention shall be limited to three (3) 2 members off duty for vacation, Kelly Day or compensatory time at any one time. 3 Scheduled vacation leave, Kelly Day, compensatory time off or Holiday Leave 4 on the 3rd and 4th of July shall be limited to two (2) members off. The Fire5 Chief may, at his sole 6 discretion, allow additional members time off. 7. Members who initiate a request for reassignment 7from one fire duty shift to another will not be assigned the same scheduled 8vacation, Kelly Day or compensatory time days unless the previously scheduled 9 dates are available without any additional cost to BOISE CITY through minimum 10 staffing or call back of non-scheduled members. In the event that the11 reassigned member so requests, the member shall be allowed to select, based12 upon the seniority of the member transferred and any other Fire Department 13 of BOISE CITY vacation selection guidelines, from the dates made available for 14 vacation, Kelly Day or compensatory time off as a result of the reassignment. 15 Members promoted, voluntarily responding to a Fire Department of BOISE16 CITY request, or involun- tarily reassigned from one shift to another shall not be17 denied the opportunity to take vacation, Kelly Day or compensatory time off 18 on the scheduled dates 19 approved prior to the date of the reassignment. 8. Vacation / Compensatory / Constant Staffing 20 (on the books) Time Selldown. Members may annually elect to receive payment 21 at the Standard Rate for accrued vacation time up to a maximum of two hundred 22 four (204) hours for shift duty members and up to a maximum of seventy 23 (70) hours for Forty (40) Hour Workweek Members. Vacation, compensatory time, 24and/or constant staffing on the books selldown will be in a separate check prior 25 to November 30th of each year. If October vacation accrual hours exceed the 26 maximum, hours will be credited back after vacation selldown occurs, upon request 27 from the Battalion 28 Chief. ARTICLE 4. MEMBER BENEFITS; Section A. 25

30 1 Section B. Holidays. 1. Members shall be entitled to ten (10) holidays as follows: (1) New Year's Day (2) Martin Luther King Jr.'s Birthday (3) President's Day (4) Memorial Day (5) Independence Day (6) Labor Day (7) Columbus Day (8) Veteran's Day (9) Thanksgiving Day (10) Christmas Day In addition, members shall be entitled to a holiday 13 (designated as such) approved by Congress. If a new holiday is designated14 by Congress, then during the next fiscal year and all subsequent years, each shift 15 duty member will be entitled to eight (8) hours of vacation leave, to be added 16 to their vacation leave total accrual in the month in which the new holiday falls When a forty (40) hour workweek member is required 18 to work on a holiday all such hours worked shall be Overtime. Members assigned 19 to a forty (40) hour workweek schedule may elect to work on Columbus Day 20and take that holiday as a floating holiday at any time prior to December 31st21 in the year in which it is accrued. A floating holiday shall not be considered overtime 22 and those members who elect to take time off accrued from a floating holiday 23 during the calendar year in which it is accrued shall do so in conformity24 with the requirements of Article 4. Section A. Vacations. Subsection 6. Section C. Sick Leave. 1. A member shall be entitled to sick leave with 27 Composite Pay. All members shall be allowed to accumulate eight (8) hours 28 of sick leave for each ARTICLE 4. MEMBER BENEFITS; Section B. through Section C. 26

31 month of service, commencing with their first day of employment 1 with the Fire Department of BOISE CITY. During the term of this AGREEMENT, 2 the parties shall establish a new sick leave incentive program in3an effort to reduce the amount of sick leave utilized. Each member who does not 4 use any sick leave in a year, beginning October 1, 2010 to September 30, 2011, 5 and yearly thereafter, shall have three hundred dollars ($300) placed in their 6 HRA-VEBA (currently PEHP) account. In the event the member uses sick leave 7 in an amount equal to or less than twenty-four (24) sick leave hours during the 8 one year period, the member shall have two hundred dollars ($200) placed 9 in their HRA-VEBA (currently PEHP) account. Deposit will be made in January 10 of each year. Prior to the end of the AGREEMENT the parties shall review11 the usage of sick leave to determine if a reduction in the use of sick leave has been 12 achieved. During the term of the AGREEMENT, the parties agree to review 13 alternative methods to reduce the amount of sick leave used, including incentives 14 tied to department- 15 wide per-member utilization. 2. In the event of extreme cases of illness or injury, 16 the Fire Chief, upon investigation, may grant extended sick leave benefits17 for cause, provided the member has enrolled, applied, and been approved 18 for Long-Term Disability (Section F. Insurance. Subsection 5. Long-Term Disability 19 Insurance). Members who apply for Long-Term Disability, but are denied20 enrollment, will not be considered ineligible for the extended sick leave benefit 21 solely for that reason. Extended sick leave benefits shall only be available22 once the member has exhausted all of his/her BOISE CITY provided paid23 leave (includes without limitation sick, vacation, compensatory time, and Kelly Days), 24 and will continue to be exhausted as accrued on extended sick leave. In the 25event retroactive pay for Long-Term Disability Insurance covers a period during which 26 extended sick leave was received, the member shall reimburse BOISE CITY 27 for the value of the extended sick leave pay made by BOISE CITY for which 28 payment was received. ARTICLE 4. MEMBER BENEFITS; Section C. 27

32 The reimbursement shall occur through a payroll deduction 1 or as otherwise agreed to in writing between BOISE CITY and the member. 2 Extended sick leave is granted at the sole discretion 3 of the Fire Chief. The Fire Chief may consider numerous factors in making4 the decision to grant extended sick leave including, but not limited to: the member s 5 past patterns and usage of sick leave, economic factors, Long-Term Disability 6 Insurance, length of time the member will be off, and the willingness of the membership 7 to assist with 8 coverage. Members who are granted extended sick leave 9shall receive Composite Pay, which specifically excludes overtime. Under 10 long-term disability, the employee receives sixty-six and two-thirds percent (6611 2/3 %) of their Base Pay, before applicable FICA taxes. The extended sick leave 12 benefit extended to a Member will be thirty-three and one-third percent ( /3 %) of the employee s Composite Pay, which specifically excludes overtime. At 14no time will the member receive more than one hundred percent (100%) of 15 their Composite Pay, excluding overtime, when long-term disability and extended 16 sick leave benefits are combined. BOISE CITY granting of extended sick17 leave will be done within the confines of applicable laws, including, but not limited 18 to the Americans with Disabilities Act, Family and Medical Leave Act, 19and Idaho s Workers 20 Compensation law. 3. Shift duty members will use sick leave at the rate 21 of one-half (1/2) of the actual hours used (i.e. twelve (12) hours sick leave 22 per twenty-four (24) hour Shift) or any portion of a shift, in thirty (30) minute 23 increments. All other members will use sick leave at the rate of actual hours used BOISE CITY and the UNION agree that sick 25 leave utilization shall be allowed only in cases of sickness or injury of a member 26 or authorized family members or disability of the member. Improper use of sick 27 leave is just cause for disciplinary action, and improper use of sick leave will 28 be charged as leave ARTICLE 4. MEMBER BENEFITS; Section C. 28