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HomeMy WebLinkAbout1777 Ratifying Collective Bargaining Agreement with IAFF Local No. 42 BILL NO. 2021 — 020 ORDINANCE NO. � AN ORDINANCE APPROVING AND RATIFYING A COLLECTIVE BARGAINING AGREEMENT WITH IAFF LOCAL NO. 42 WHEREAS, the City of Riverside representatives met with the IAFF Local 42 and conferred and discussed wages, benefits, and other terms and conditions of employment to reach a mutually satisfactory proposed collective bargaining agreement, and WHEREAS, the City's team and the IAFF Local 42 reached a mutual tentative agreement on a proposed collective bargaining agreement by and between the City and the IAFF Local 42, and submit the proposed collective bargaining agreement to the Board of Aldermen for its consideration, approval, and ratification. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: SECTION 1 That the proposed collective bargaining agreement by and between the City of Riverside and the IAFF Local 42, attached hereto and incorporated herein, has been reviewed and considered by the Board of Aldermen. SECTION 2 That the Board of Aldermen approves the proposed collective bargaining agreement attached hereto and hereby ratifies the collective bargaining agreement as a final and binding agreement between the city and the IAFF Local 42, and authorizes the Mayor to execute the same on behalf of the City. SECTION 3 That this Ordinance shall be in full force and effect from and after its passage, adoption, and approval by the Mayor. SECTION 4 That the Mayor, City Administrator, and other appropriate City officials are authorized to take all actions as may be deemed necessary or convenient to carry out and comply with the intent of the Ordinance, and to execute and deliver for and on behalf of the City all certificates, instruments, agreements, and other documents.. as may be necessary or convenient to perform all matters herein authorized. BE IT REMEMBERED that the above was read two times by heading only, passed and approved by a majority of the Board of Aldermen and APPROVED by the Mayor of the City of Riverside. Missouri, this 15th day of June 2021. A '# kf" Kath L. Rose, Mayor ,^ ATTEST: ff TN �fm Robin Kincaid, City Clerk OFFICIAL RFS ORD COLLECTIVE BARGAINING AGREEMENT BETWEEN CITY OF RIVERSIDE,MISSOURI AND LOCAL 42 INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS 2021-2024 COLLECTIVE BARGAINING AGREEMENT PREAMBLE Local Union 42 of the International Association of Fire Fighters, AFL-CIO-CLC, herein called the "Union," has developed this Collective Bargaining Agreement with the City of Riverside, Missouri, herein called the `'City." By this agreement, the Union and the City agree to comply with the provisions herein. The City agrees that the provisions included herein that can be accomplished by administrative action and that are not in conflict with existing City policies,are in effect immediately upon passage of resolution or ordinance. The City will promptly make appropriate revisions to existing policies, where necessary. It is the purpose of this Agreement to serve the needs of the public by achieving and maintaining harmonious relations between the City and its Fire Department personnel, to provide for equitable and peaceful adjustment of differences that may arise, and to establish proper standards of wages, hours worked and other conditions of employment. The City and the Union agree to cooperate together to promote the productive use of manpower and equipment to best secure for the citizens of Riverside, Missouri the maximum productivity for their tax dollars. The parties agree where this Agreement references the City handbook, it means the City's handbook as it may be amended from time-to-time, throughout the life of the Agreement, provided that any changes must be implemented consistent with the provisions of Article 2, Section 2. If any City policy, practice, rule, or ordinance is inconsistent with any provision of this Agreement, this Agreement shall be controlling insofar as bargaining unit personnel are concerned. ARTICLE 1 RECOGNTION AND UNION SECURITY Section 1. Recognition The City recognizes the Union as the exclusive bargaining agent for all regular full-time and part-time personnel in the fire department at or below the rank of Captain, including any new classifications created in the future which are at or below the rank of Captain. Section 2. Non-Discrimination A. Neither the City nor the Union will discriminate against any bargaining unit member based on his or her membership or non-membership in the Union, or on his or her decision to participate in or refrain from participating in concerted protected activity. B. The City and the Union agree not to discriminate against bargaining unit members because of race, religion, color, ancestry, national origin, gender, disability, marital status, familial status, sexual orientation, or any other protected category. Section 3. Union Security & Dues Deduction A. The City shall deduct Union dues, fees, and assessments from the salaries of those members of the bargaining unit who authorize such in writing. Such deduction authorizations shall be irrevocable for one (1) year or until the expiration of this Agreement, whichever occurs first. Notice of revocation must be in writing, with a copy to the Union and the City, in accordance with the procedures set forth in the authorization forms (see Appendix A, Dues Authorization Form). B. Dues for part-time employees shall equal five percent (5%) of gross earnings, up to a maximum of one-half('Y2) the dues charged to full-time members employed in the bargaining unit. C. Amounts withheld pursuant to this Section will be forwarded to the Secretary-Treasurer of the Union on a monthly basis, at the business address specified by the Union, at no cost to the Union. The Union shall provide advance notice of any changes in the dues deduction or service and representation fee deduction rates. D. The City will also provide voluntary payroll deduction to bargaining unit members for such political action committee as may be identified by the Union. Such deductions shall be effective only upon written request by the individual employee, and shall be revocable by the employee at any time, upon the employee's written request to cease such deduction. E. The Union agrees to defend, indemnify and hold the City harmless in the event any employee brings a claim against the City based on the City's compliance with the provisions of this Section. Section 4. Union Communications A. The City agrees to allow the Union to maintain a bulletin board at each location where members are assigned to work, for the purpose of communicating Union business to the members. The Union agrees that it will not post items that are incendiary, defamatory, offensive, or disruptive to the workplace. B. The City further agrees that the Union shall be permitted to use the City's e-mail system for the purpose of communicating with members of the bargaining unit. The Union 2 acknowledges that use of the e-mail system is subject to monitoring, and that messages sent via the system may be subject to disclosure in response to requests for information under the Missouri Open Records Act. Section 5. On Duty/On-Premises Union Activity A. The Union shall have the right to designate one union steward per shift, and one Executive Board Member for the bargaining unit. These four (4) representatives shall be permitted to perform union business while on duty, provided that such activities do not interfere with or disrupt the normal operations of the fire department or the City. B. The Union may hold meetings related to the business of the bargaining unit on City property, with the approval of the Fire Chief or his or her designated representative, so long as such meetings do not interfere with or disrupt the normal operations of the fire department or the City. Section 6. Access to Information A. Upon request from the Union, the City will provide the Union information necessary for the Union to carry out its representational duties. Where producing the requested information would create an unreasonable burden upon the City, in terms of volume or the time it takes to produce, the City may charge the Union for the actual cost of producing the information. Such cost shall not exceed the amount that could be charged for responding to an open records request. B. The City will provide copies of injury reports to the Union upon request, provided the Union first presents a signed release from the employee(s) involved, authorizing the disclosure. ARTICLE 2 MANAGEMENT RIGHTS AND NO-STRIKE CLAUSE Section 1. Management Rights A. The City possesses the sole right to operate and manage the Fire Department, together with all management rights except to the extent such rights are limited by the express language and provisions of this Agreement. B. Without limiting the generality of the foregoing, the City possesses the sole right to operate the Fire Department, including the right: 1. to determine the mission of the Fire Department; 2. to direct the working forces; 3. to hire, assign, or transfer employees; 4. to promote or demote employees; 5. to determine work schedules, assignments, and job duties; 6. to determine the methods, means, and number of employees needed to carry out the mission of the Fire Department; 7. to make, enforce, amend, or revoke reasonable attendance, work, and safety rules; 3 8. to discipline and discharge for just cause; 9. to change existing equipment, methods, or facilities; 10. to have supervisors perform bargaining unit work when necessary for the good of the Department, and in accordance with requirements determined by management; 11. to introduce new or improved equipment, methods, or facilities; 12. to take whatever actions may be necessary to carry out the mission of the Department and the City. It is also recognized that the Fire Chief may delegate any of the authority or responsibility referenced in this Agreement to authorized representatives, at his or her discretion. Section 2. New or Revised Policies When the City wishes to adopt any new policy or procedure, or amend or revoke any existing policy or procedure, it shall first provide an advance copy of the change to the Union, at least fifteen (15) calendar days before implementing the policy or procedure, through the Labor/Management Committee, where practical. Management will meet with the Union upon request to discuss the change via the Labor/Management Committee. The City will consider in good faith any suggestions the Union may offer, but retains the right to implement new policies or procedures, and to amend or revoke such policies or procedures, without obtaining the Union's agreement to such changes. The Union retains the right to grieve the implementation of any change at the time the change is issued. Where there is any difference between the Standard Operating Procedures, City Policy, or any other directive and a specific provision of this Agreement,this Agreement will be controlling. Section 3. Discipline A. The City may discipline or discharge employees who have completed their probationary period for just cause only. The City will maintain Standard Operating Procedures that give examples of the types of conduct that can lead to discipline, but it is mutually understood that this list is intended to provide examples only, and is not a comprehensive description of all of the conduct that could lead to discipline. Employees are expected to exercise good judgment and behave in a professional and courteous manner at all times. B. The parties mutually agree that progressive discipline is the preferred response to misconduct or unacceptable job performance. The City will use the disciplinary steps described below. The disciplinary action taken in any specific case may start at any level of the progressive disciplinary structure (including termination of employment) depending upon the severity of the misconduct, negligence or unsatisfactory performance involved, as well as any other incidents of misconduct, negligence, or unsatisfactory performance in the City's file on the employee. The employee's overall work history, and any other pertinent factors, shall be considered in determining the appropriate level of discipline. Where just cause requires, it may be appropriate to repeat steps of discipline. 4 I. Verbal Warning. A verbal warning is a formal oral reprimand to an employee. A written record of the warning shall be recorded in the employee's file. 2. Reprimand. A reprimand is a written warning to an employee, a copy of which shall be recorded in the employee's personnel file. 3. Suspension. A disciplinary suspension is the removal of an employee from service, without pay, for a specific period of time. 4. Dismissal (Discharge or Termination). Dismissal is the permanent removal of an employee from City employment. Section 4. No-Strikes or Lock-Outs A. The Union and its members agree that there will be no strikes, work stoppages, slow downs, sit downs, or refusal to perform work of any kind (including but not limited to regular station duties), or any other concerted interference with City operations, during the term of this Agreement. B. The City will not engage in any lock out of any kind. C. The Parties acknowledge that the City views any concerted action, in violation of this Section, to be egregious misconduct. As such, any employee who refuses to perform any assigned work, in violation of this Section, will be subject to discipline, up to and including termination, unless such employee has a compelling reason for his or her actions, such as good faith safety concerns that are promptly communicated to management. The standard levels of progressive discipline need not be applied in discipline administered for misconduct under this Section. D. The Union and the City shall have the right to enforce the terms of this Article 2, Section 3 by restraining order, injunction, and claims for damages in the courts of the State of Missouri upon proof of the existence of a violation of either section. ARTICLE 3 SENIORITY Section 1. Date of Hire The seniority of employees covered under this Agreement shall date from the employee's first day of full-time employment with the City. This date will be used to determine the accrual of vacation, sick leave, and pension benefits. 5 Section 2. Seniority in Rank For the purpose of Seniority in Rank within the Fire Department, the date on which an employee was appointed or promoted on a full-time basis to his or her current rank is the date form which his or her Seniority in Rank will be determined. Consistent with current policy, this date will be used for purposes such as promotion,bidding assignments, shifts, and vacation. Section 3. Tiebreaker Where two employees have the same Seniority in Rank or hire date,the ordinance number under which the employee was first hired by the City on a full-time basis will determine relative seniority, with the employee having the lower ordinance number being deemed the senior employee. Section 4. Probationary Employees All new hires shall serve a twelve (12) month probationary period. The Fire Chief, based upon his or her reasonable judgment, may extend the probationary period, for up to an additional six (6) months. While an employee is on probation, the "just cause" provision will not apply, and a disciplined probationary employee may not avail himself or herself of the grievance and arbitration provisions of this Agreement. In the event a Probationary Employee is disciplined, the process set forth in Section 200.8 C of the City of Riverside Employee Handbook shall apply. The parties agree that the investigation required under 200.8 C.1 shall include the opportunity for the employee to explain his or her conduct or provide other evidence, on his or her behalf. ARTICLE 4 STAFFING, VACANCIES & PROMOTIONS Section 1. Staffing A. The City and the Union acknowledge ISO, OSHA and NFPA as appropriate standards to consider in determining staffing and deployment levels. B. During the term of this agreement, current staffing levels will not be reduced. This applies to overall and on-duty staffing. Overall, assigned staffing provides for a minimum of twelve (12) full time members. Current on-duty staffing has a goal of maintaining five (5) members on duty, and a minimum of three(3)members on duty,at all times. C. During the term of this agreement, the following bargaining unit positions will be staffed: Fire Fighter-EMT; Fire Fighter-Paramedic; Lieutenant; and Captain. Nothing herein, prohibits the City and the Union from agreeing to the creation of additional bargaining unit classifications or ranks. 6 Section 2. Safe Staffing As part of the Labor-Management Committee process, the issue of Safe Staffing will be considered on an ongoing and continuous basis. Section 3. Vacancies A. Fire Fighters. It is the goal of the Fire Department and the Union to anticipate vacancies in the firefighting ranks, so that the Chief may have at his or her disposal a qualified pool of applicants from which vacancies can be filled as they occur. B. Higher Ranks. When possible, vacancies in the ranks above Fire Fighter, for which bargaining unit members are eligible to compete, including promotions, will be filled within thirty (30)days from the date the position in question becomes vacant. Section 4. Promotions Consistent with this agreement and unless modified through the Labor-Management Process, the current qualifications and practices for promotions will be maintained during the term of this agreement. Section 5. Temporary Service Out of(tank Qualified members may be requested to temporarily serve in a higher rank. In the event that a temporary vacancy exists for more than two (2) tours of duty, except in the case of scheduled vacation, such members will be compensated for all time worked in the higher rank at the lowest rate paid the higher rank, or five percent (5%) more than the employee's current regular rate of pay, whichever is higher. ARTICLE 5 GENERAL PROVISIONS Section 1. Duties A. The duties of the members of the City's Fire Department shall be those currently described, pursuant to current Rules, Policies and Job Descriptions. B. Members of the Department shall not be detailed to duties unrelated to the mission of the Fire Department that would significantly impair the Department's ability to perform such duties, except as may be required in situations of emergency and for the duration of the emergency. C. In an emergency situation declared by the Governor of the State of Missouri, the Mayor or City Manager may determine the duties to be whatever is necessary to carry out the mission of the City of Riverside and/or the State of Missouri. 7 Section 2. Training, Inspections and Non-Emergency Activities A. The City will not require employees to perform outside work during inclement weather when it would be unreasonable to do so, taking into account the importance of the work to protect life, property, or to maintain service to the public. B. The parties acknowledge the health and safety risks associated with operating under extreme conditions. As such, emergency firefighting units shall not be required to do any routine outside work or engage in training activities when the outside temperature is below 35 degrees F, when the wind chill index is below 30 degrees F., or when the outside temperature is above 95 degrees F., when the heat index is above 100 degrees F., except when necessary to the operation of the department. C. Training Time. When employees travel outside the KC metropolitan area for training, the City will either keep them whole (same total compensation as if they had worked their regularly scheduled shifts) or pay them in a manner that complies with FLSA minimums, whichever is greater. D. Paramedic School. First-time attendees at Paramedic School shall be allowed to attend one (1) day of class or one (1) day of clinicals during any 48-hour tour while on-duty. Employees who fail to successfully complete the class and obtain their license, for any reason, will be required to reimburse the City for all City funds spent on their classes. Employees who obtain their licenses but leave City employment or decline to work as a paramedic within the first two years after they obtain their license will also be required to reimburse the City for all funds spent on paramedic classes. ARTICLE 6 HOURS & OVERTIME Section 1. Hours A. Unless otherwise agreed to by the parties, the regular work schedule during the term of the Agreement, will be forty-eight (48) hours on-duty, followed by ninety-six (96) hours off duty. B. The normal FLSA work period shall be twenty-eight (28) days. Employees shall receive overtime pay for all regular hours worked in excess of 212 hours in the 28-day work period. C. During the term of this Agreement, the Fire Department and Union may agree to an alternative work schedule. Section 2. Trading Time A. Subject to the approval of the Fire Chief, or his or her designee, members will be allowed to "trade time" with other qualified members to the extent allowed by the Fair Labor Standards 8 Act (FLSA). Such approval will not be withheld. unless it is reasonably determined that such trading could impair normal operations. B. Responsibility for arrangement for the repayment of trade time rests with the employees involved. No obligation shall be placed upon the City for repayment of time voluntarily traded or repaid between employees. C. If an employee who has accepted a trade does not show up for work as agreed, he or she may be subject to attendance discipline on the same basis as if the shift had originally belonged to him or her. The employee who originally traded out of a shift for which the covering employee did not report will not receive pay for the shift, except that either employee involved in the trade may request that the time be charged against his or her accrued leave. Section 3. Overtime Pay and Hiring A. All hours worked outside a member's regularly assigned shift will be paid at a minimum of time and a half, except in cases where the regular schedule is adjusted to allow for training. Paid leave time will be counted as time worked for FLSA purposes. B. Employees may elect to earn either FLSA overtime (pay at time-and-one-half) or comp time for straight time hours actually worked in excess of 212 hours per 28-day work period. C. Employees may opt to take compensatory time in lieu of receiving overtime pay, but no employee may accrue more than 120 hours of compensatory time. Employees who have reached the accrual limit will be paid at the appropriate overtime rate for all hours worked. Section 4. Callback Pay Whenever a bargaining unit member is called back to work after his/her regular working hours and after he/she has left the work site, the minimum overtime payment shall be three (3) hours. Callback pay commences, and the member will be considered to be on duty, at the time she or he accepts the call back and starts her or his return to duty. Employees must actually arrive at the station in order to be eligible for callback pay. The three (3) hour minimum shall not apply and overtime compensation shall end if the employee's regular shift begins during the emergency call back. Section 5. Court Appearances Whenever a bargaining unit member who is off-duty appears on behalf of the City or in connection with his or her City duties, they shall be compensated, at one and one-half times their regular hourly rate for all time actually spent. Section 6. Ready Time The parties agree that the current schedule contemplates that some scheduled hours will be designated as "ready time," when routine inspections, training and testing will not be 9 scheduled. Ready time is defined as the standby time, during which no routine duties will be scheduled,and will be observed from 1800 hours to 0630 hours. During the"ready time" period, equipment will be maintained in manner that ensures readiness to respond to any emergency situation. The parties agree that special circumstances may arise, which may require that some duties be performed during ready time (e.g., any actions necessary to abate a life safety hazard in a place of public assembly, performance of public relations functions, special events, night training, or fire watch). Section 7. Premium Pay for Part-Time Employees Part-time employees shall not be entitled to premium pay under this Agreement, except that when part-time employees respond to a call-out, they shall be paid time-and-one-half for all hours actually worked. Section 8. Kelly Days Firefighter shift employees will receive unpaid Kelly Days. Kelly Days are defined as a . scheduled 24-hour shift off-duty every third 28-day work period to reduce the number of scheduled work hours that exceed the 212 hours that can be worked at straight time during each 28-day work period. The Department will assign Kelly Days for each firefighter. ARTICLE 7 VACATION, HOLIDAYS & SPECIAL LEAVE Section 1. Vacations Current City and Departmental policy shall govern the accrual and use of vacation time. Section 2. Holidays A. Effective January 1, 2018, there shall be no paid leave time associated with holidays for employees covered under this Agreement. B. Effective January 1, 2018, full-time employees shall receive pay at double their regular hourly rate for all work on official holidays (not "observed as" days), and part-time employees shall receive time-and-one-half their hourly rate for all work on official holidays. Any employee who works a trade on a holiday will be compensated at their normal rate of pay for all hours worked, while the person who traded out of their shift will receive their regular pay for the shift as if it had not been a holiday. C. All full-time employees covered under this Agreement shall be off-duty or receive pay for all recognized City holidays and Easter Day. 10 Section 3. Other Leave Other types of Leave, including Family Medical Leave, Funeral Leave, Jury Duty Leave, Military Leave and Voting Leave will be provided pursuant to City policies and consistent with applicable state and federal laws. ARTICLE 8 CLOTHING & EQUIPMENT Section 1. Clothing The City shall provide, maintain and replace all uniform and protective clothing that is required by the Fire Department. Uniforms and protective clothing required by the Department will be replaced when worn out through normal wear and tear or when damaged or destroyed during an emergency response. Section 2. Equipment The City shall provide, maintain and replace equipment that is required by the Fire Department. Such equipment will be replaced when worn out through normal wear and tear or when damaged or destroyed during and emergency response. ARTICLE 9 INSURANCE & BENEFITS Section 1. Health,Dental & Life Insurance A. The City shall provide Health, Dental and Life Insurance plans and shall provide an explanation of such plans. Employees covered under this Agreement shall receive the same coverage options and benefit levels as are provided to other City employees, including any changes, additions to, or deletions from such coverage and benefits. B. The City agrees to meet with the Union annually upon request prior to open enrollment prior to open enrollment or thirty (30) days prior to the renewal date for the insurance plans, whichever is earlier each year, to discuss various health, dental, and life insurance options, including any potential alternative or replacement plans. Section 2. Retirement A. Unless otherwise agreed upon by the parties, the current Missouri Local Government Employees Retirement System (LAGERS) non-contributory L-6 Program will be maintained for all bargaining unit members. B. Bargaining unit members shall also be afforded the option of entering into a Deferred Compensation Plan governed by the Internal Revenue Code 457. A company with an established program shall administer the deferred compensation program. It is however understood that the 11 City will make available the IAFF Financial Corporation 457 Plan as either the sole option, or one of the options that bargaining unit members may participate in, provided the City is required to incur no additional costs as a result of offering such plan. Section 3. Direct Deposit The City will maintain a system allowing for direct deposit of employee wages, and wage deduction at the direction of the employee. It is understood that the City's payroll system may limit the number of deduction directions any employee may have on his or her paycheck. Any such limits will be applied on a non-discriminatory basis. ARTICLE 10 SICK LEAVE Section 1. Amount Current City policy shall govern sick leave accrual. Section 2. When Taken Current City and Departmental policy shall govern the use of sick leave. Section 3. Sick Leave Reimbursement Current City and Departmental policy shall govern the use of sick leave. Section 4. Sick Leave Donation Current City and Departmental policy shall govern the use of sick leave. ARTICLE 11 WAGES Section 1. Wages A. Full-time members pay will be paid 26 times a year equally using their annual salary divided by 26. Every other pay period will include 4 hours of FLSA OT normally. B. Annual Pay Raises. (a) Effective July 1, 2021, all employees in the bargaining unit who have received an annual performance rating higher than"needs improvement"shall receive a 3% merit pay increase, and shall additionally receive a COLA of 3%, for a total raise of 6%. 12 (b) Effective July 1, 2022, all employees in the bargaining unit who have received an annual performance rating higher than "needs improvement" shall receive a cumulative total raise of 3%, to be divided between a COLA and a merit increase, as determined by the City. (c) Effective July 1, 2023, all employees in the bargaining unit who have received an annual performance rating higher than "needs improvement"shall receive a cumulative total raise of 3%,to be divided between a COLA and a merit increase, as determined by the City. C. Pay ranges applicable to the bargaining unit job classifications shall be as follows,with ranges being adjusted in the second and third year of the Agreement to account for any COLAs awarded by the City. Job Description Salary Range Minimum Midpoint Maximum Fire Range 4 Fire Captain $56,439 $67,654.50 $78,864 $20.48/hr $24.55/hr $28.62/hr Fire Range 3 Fire Lieutenant $51,000 $63,750 $76,500 $18.51/hr $23.13/hr $27.76/hr Fire Range 2 Firefighter/Paramedic $47,000 $58,750 $70,500 $17.05/hr $21.32/hr $25.58/hr Fire Range 1 Firefighter/EMT $40,661.60 $51,765.10 $62,868.60 $14.75/hr $18.78/hr $22.81/hr 1. Any employee who has reached the top of the pay range for his or her job classification will receive a lump sum payment in lieu of annual pay raises. 2. Any employee transitioning from Fire Range 1 to Fire Range 2, in connection with becoming a Paramedic, shall receive either a pay increase to the bottom of Range 2 or an 8%increase added to his or her prior pay under Range 1, whichever is greater. D. Part-time Members shall be paid within the range minimum and maximum for their classification. Effective July 1, 2021, those ranges will be: FF/EMT $14.75—$22.81 FF/Paramedic $17.05—$25.58 Part-time employees shall work no more than a maximum of 1490 hours per year. 13 Section 2. Education Incentive Pay Employees covered under this agreement shall receive tuition reimbursement and educational incentive pay as set out in current City and Departmental policy. Section 3. Longevity Pay On the pay date first occurring after November 15, each eligible employee shall receive a lump sum longevity payment. Regular wage withholding shall apply. Full-time and part-time employees are eligible for longevity pay after completing three full years of service. The payment formula for full-time employees shall be [full years of service] x [the then-current longevity incentive amount]. Full years of service shall be determined as of November 1, as shall employee status (i.e. either full-time or part-time). One year of credit shall be given for each full year of part-time or full-time service. There shall be no credit given for partial years of service. The longevity incentive amount for 2021 shall be $65.00. Thus, for example, a full-time employee hired as a part-time employee on January 1, 2010, who became a full-time employee on January 1, 2013, would have 11 full years of service as of November 1, 2021, and would receive a payment of$715.00. Part-time employees shall be eligible on the same basis as full-time employees, but their payout amounts shall be one-half the amount that would be paid to a full-time employee with the same years of service. In the example listed above, if the employee had never converted to full-time status, his or her 2020 longevity payment would be $ 325. 00. Section 4. Economic Exigencies The City may reduce the amount of any scheduled annual wage increase by .25% for every 10% reduction in revenue for the fiscal year. Additionally, if the City's revenue is off by more than 30% in this fiscal year, longevity pay may also be suspended for that year. ARTICLE 12 DISCIPLINARY PROCEEDINGS Section 1. Representation In Disciplinary Interviews A. Any time an employee is called before a supervisor for the purpose of considering disciplinary action, the employee shall have a right to be represented by a Business Agent or other representative designated by the Union, and given a reasonable amount of time to obtain such representation upon request. For purposes of this Article, "a reasonable period of time"will ordinarily be at least two (2) hours. Nothing prevents the parties from agreeing to a longer or shorter period of time, for good cause. B. The right to Union representation, as referenced above, includes investigatory interviews where the person being interviewed may potentially be subject to discipline based on the matters 14 to be discussed in the interview, and occasions when formal discipline for misconduct or unacceptable performance is issued. C. To the degree practicable, upon request an employee called to provide information as a witness, in a matter in which disciplinary action is being considered, will be allowed union representation as set forth under paragraph A of this section. ARTICLE 13 GRIEVANCE PROCEDURE The following procedure is established for the prompt resolution of grievances or disputes which may arise out of the interpretation or application of this Agreement. By mutual agreement, the parties may extend any time deadline established in this Article. Absent such agreement, however, if Fire Management or the City fails to issue a timely response to a grievance as provided for in this Article, the Union may immediately advance such grievance to the next step. If the Union or represented employees fail comply with any deadline in this Article, the purported grievance shall be null and void, and shall not be processed any further under this Article. Nothing herein precludes the parties from agreeing to extend or shorten any of the specified deadlines. Section 1. Member Grievances Any bargaining unit member who believes he or she has a grievance arising out of the interpretation or application of this Agreement and/or the Union may initiate and process such grievances, as set forth below. Step 1: The member and/or the Union may take the matter up orally or in writing with the Fire Chief, or his or her designated representative, within fifteen (15) calendar days after the employee knew or reasonably should have known of the facts giving rise to the grievance. The parties desire to resolve as many grievances as possible at this step, but in any event, the Chief, or his or her designee, shall give the employee an answer within fifteen (15)calendar days after the grievance has been presented to him or her. Step 2: If the matter is not satisfactorily resolved in Step 1, the employee, with a Union representative, may advance the grievance within fifteen (15) calendar days after receipt of the answer in Step 1, to the City's designated Human Resources officer. At this stage, the grievant shall provide a written statement of the grievance, containing a concise account of the facts giving rise to the grievance, reference to the applicable section of the Agreement, and a description of the relief sought. Within fifteen (15) calendar days after receipt of the written grievance, or such time as may be agreed upon in writing by the City and the Union, the parties shall meet and try to resolve the matter. Within fifteen (15) calendar days after such meeting, the designated Human Resources officer shall give his/her answer in writing to the Union. Step 3: If the matter is not satisfactorily resolved in Step 1 or 2, the employee with the Union's concurrence, may take the matter to the City Administrator, or his or her 15 designated representative, by submitting a copy of the grievance and the answer to the City Administrator, within fifteen (15) calendar days after receipt of the answer in Step 2. Either the Union or the City Administrator may request a meeting to discuss the grievance. This meeting shall be held within fifteen (15) calendar days of submission of the grievance at this step. The City Administrator will give the Union a written answer within fifteen (15) calendar days of the meeting, or within fifteen (15) calendar days of the submission, if no meeting is requested. Section 2. Grievances Arising From Disciplinary Action Grievances challenging the imposition of discipline issued by the Fire Chief, or at his or her express direction, may be submitted to the City's designated Human Resources officer, as described above, within fifteen (15) calendar days of a Notice of Disciplinary Action - e.g., within fifteen (15) calendar days after the Fire Chief has issued the discipline. Such grievances may be processed through the Steps, as set forth above. Section 3. Final Resolution A. Grievances may be settled at any of the steps of the grievance procedure, and if the settlement is reduced to writing and signed by representatives of both the Union and the City, such resolution shall be final to the grievance. B. If the grievance is not resolved by the steps provided above, either of the parties may initiate binding arbitration as follows: (i) The matter shall be submitted to arbitration at the request of either the City or the Union. In the event the parties cannot agree upon an arbitrator, the arbitrator shall be selected from a panel of seven names, drawn from the states of Missouri, Arkansas, Iowa, Kansas, and Nebraska, and provided by the Federal Mediation and Conciliation Service. The party requesting arbitration shall strike the first name from the list. (ii) The decision of the arbitrator shall be final and binding, subject only to review by a court of competent jurisdiction. (iii) In the event that arbitration is not requested within fifteen (15) calendar days of the decision at Step 3, the matter shall be considered resolved based on the third-step answer. (iv) The parties may agree in writing to any other recognized form of dispute resolution, including the scheduling of meetings involving the same or different individuals or use of third parties. 16 ARTICLE 14 LABOR-MANAGEMENT COMMITTEE Section 1. Representation There will be a Labor/Management Committee with equal representation from the City and the Union. This committee shall be co-chaired. The co-chair persons are responsible for preparing a written agenda in advance of the meeting. Section 2. Meetings The committee shall meet at least quarterly at a time agreeable to both parties. The committee shall also be convened within five (5) calendar days of a request from either the Union or the City to address issues of a critical or emergency nature. Section 3. Informal Meetings This Committee does not preclude officers or other supervisors of the Fire Department from meeting with Stewards or other designated Union representatives on an informal basis. Section 4. New& Policies Consistent with Article II, Section 2, the City agrees to provide the Union with advance notice regarding the development and promulgation of any rules or policies that may affect Bargaining Unit members, and to provide the Union an opportunity for meaningful input into such development and promulgation. Such notice and opportunity shall be provided at least fifteen (15)calendar days before implementation of any new rule or policy,and earlier where feasible. Section 5. Standing Issues A. The following issues will be part of the Labor-Management Committee's agenda, on an ongoing basis: (I). Safe Staffing and Deployment; (ii). Rules, Policies and Protocols; (iii). Health and Safety, including but not limited to firefighter physicals and peer counseling. B. The above enumeration of issues is not intended to otherwise limit the scope of issues that the Labor-Management Committee may deal with or consider. Section 6. Authority This Committee is not vested with the power to change, modify, or alter this Agreement. This limitation does not restrict the authority of the parties to, in lieu of the Labor/Management 17 Committee provision set forth above, to adopt mutually agreeable alternative committee structures and procedures or formally enter into a Labor-Management Partnership Agreement. ARTICLE 15 MISCELLANEOUS Section 1. Bargaining Unit Work During the term of this Agreement, the City agrees that it will not contract out any work presently performed by Bargaining Unit members. This provision does not preclude supervisors from temporarily performing bargaining unit work, when it is shown to be necessary and for the good of the Department. ARTICLE 16 SAVINGS CLAUSE If any provision of this Agreement or the application of any such provision is rendered or declared invalid by a court of competent jurisdiction, or by subsequently enacted state of federal legislation, the parties shall meet within thirty (30) days to attempt to negotiate a cure for such invalidation. In any event, the remaining parts or portions of the Agreement shall remain in full force and effect. ARTICLE 17 COMPLETE AGREEMENT This Agreement represents the total and complete agreement between the City and the Union and its members. Any amendment or change to this Agreement but be reduced to writing and signed by both the City Administrator and the Union. ARTICLE 18 TERM OF AGREEMENT Section 1. Term of Agreement This Collective Bargaining Agreement will be in effect as of July 1, 2021 and shall remain in full force and effect until June 30, 2024. It shall be automatically renewed thereafter and remain in effect from year to year thereafter, unless either party notifies the other, in writing prior to the expiration date, of the desire to modify the Agreement. Such notification must be made between one-hundred twenty (120)days and sixty (60)days prior to expiration. Section 2. Negotiations Negotiations to revise or replace the entire agreement shall commence within thirty (30) days after either party gives notice to commence such negotiations. Such notice may be given any time after January 15, 2024. 18 Section 3. Re-Opener The parties, by mutual agreement, may re-open this Agreement, or any part thereof, for the purpose of modifying or amending it. IAF F o 1 City of Riverside, Missouri Tim Dupin Kathie . Rose President Mayor W Tvo Tv