CBA Article 8-10 pg. 19

Seniority, Layoff, and Recall Overview

• Seniority is determined by the length of continuous full-time employment as a sworn firefighter with the City.
• Civilian paramedics hired as firefighters retain seniority based on their original hire date.
• Seniority does not accrue during unpaid absences exceeding thirty consecutive days.

Seniority in Rank

• Seniority in rank is based on the length of service in that rank, determined by promotion date and order.

Probationary Period

• New hires go through a twelve-month probationary period.
• During probation, employees can be suspended or terminated without cause.
• No grievances may be raised concerning the status of probationary employees.

Certification Expectations

• Employees must achieve Firefighter III or equivalent certification within five years of hiring to be eligible for promotions or wage advancements beyond step six on the pay scale.

Seniority List Publication

• The City will post and provide a seniority list within four weeks of implementing the agreement and annually thereafter.
• Errors in the seniority list must be reported within fourteen days.

Layoff Procedures

• The City may determine the necessity for layoffs and must give a thirty-day notice, including reasons for layoffs.
• Layoffs are a last resort after considering alternatives like budget reductions and identifying new revenue sources.
• The City will retain final authority over any layoffs and proposed alternatives will not be subject to grievance processes.

Recall Process

• Laid-off employees are placed on a recall list and recalled in the inverse order of their layoff.
• Employees have twenty-one days to return to work upon receiving recall notice and must communicate their intention within ten days.
• The City must mail recall notices to the last known address of the employee.

Termination of Seniority

• Seniority ends if an employee quits, is discharged, retires, has been laid off for three years or more, or accepts other employment while on approved unpaid leave.
• Absences of two consecutive workdays without notification can also lead to termination of seniority.

Impact of Layoff

• Laid-off employees can maintain medical insurance for up to twenty-four months by paying premiums in advance.
• Laid-off employees are entitled to pay for earned, unused vacation time.

Grievance Procedure Overview

• A grievance is defined as a complaint regarding the violation or misinterpretation of the Agreement.
• Employees must attempt to resolve grievances informally with supervisors first.

Steps in Grievance Process

• Step 1: Submit written grievance to Deputy Chief within seven calendar days of the occurrence.
• Step 2: If unresolved, appeal in writing to the Fire Chief within seven days of Step 1 response.
• Step 3: Further appeals can be made to the City Manager within seven days of Step 2 response.

Arbitration Process

• If a grievance remains unresolved, the Union can invoke arbitration within fifteen days following the City Manager’s answer.
• An arbitrator is selected through a mutually agreed process and has no authority to modify the Agreement.
• Decisions from the arbitrator are final and binding, with fees shared equally between the City and the Union.

Time Limits and Miscellaneous Provisions

• Grievances must be filed within seven days; failure to do so waives the right to pursue.
• Union representatives may represent employees during the grievance process without loss of pay.

Other Considerations

• Actions by bargaining unit members in acting capacities do not bind the City unless agreed upon in writing.
• Self-representation is allowed in grievances, provided it does not conflict with the Agreement.### Grievance Procedure
• Parties can agree in writing to bypass steps in the grievance procedure for specific instances.
• The grievance procedure is the only means for discussing and processing related issues.

No Strike Clause

• During the agreement term, neither the Union nor members can engage in strikes, sympathy strikes, slowdowns, or other disruptive actions.
• Violation of the no strike provision may lead to discharge or discipline in accordance with the agreement.
• The Union is responsible for informing members about their obligations and directing them to return to work if violations occur.

No Lockout Clause

• The City commits not to lock out any employees due to labor disputes with the Union throughout the agreement’s term.

Disciplinary Action and Penalties

• Grievances regarding disciplinary action for violating the no strike provision can only address whether the employee engaged in prohibited conduct.
• Non-enforcement of penalties does not constitute a waiver of rights in future instances, nor does it set a precedent.

Judicial Restraint

• Both parties retain the right to seek judicial restraint and damages if the other party violates the Article.
• There is no obligation to exhaust the grievance procedure before pursuing court action for judicial restraint or damages.

Seniority, layoff and recall, grievance procedure, no strike, no lockout