Collective Bargaining Agreement (City of Columbus Fire Fighters) PDF

COLLECTIVE BARGAINING Between CITY OF COLUMBUS And COLUMBUS FIRE FIGHTERS UNION LOCAL #67 I.A.F.F. A.F.L. – C.I.O. C.L.C. November 1, 2023 – October 31, 2026  Table of Contents ARTICLE...

COLLECTIVE BARGAINING Between CITY OF COLUMBUS And COLUMBUS FIRE FIGHTERS UNION LOCAL #67 I.A.F.F. A.F.L. – C.I.O. C.L.C. November 1, 2023 – October 31, 2026  Table of Contents ARTICLE 1 – PREAMBLE.............................................................................................. 1 ARTICLE 2 - RECOGNITION AND REPRESENTATION............................................... 1 SECTION 2.1. RECOGNITION......................................................................................... 1 SECTION 2.2. TIME TO PERFORM UNION FUNCTIONS...................................................... 1 SECTION 2.3. LOCAL UNION REPRESENTATIVE.............................................................. 1 SECTION 2.4. USE OF INTRA-DEPARTMENTAL MAILS..................................................... 1 SECTION 2.5. TIME ALLOWED FOR UNION FUNCTIONS.................................................... 2 SECTION 2.6. OAPFF OFFICER.................................................................................... 2 ARTICLE 3 – DEFINITIONS........................................................................................... 2 ARTICLE 5 - NON-DISCRIMINATION............................................................................ 7 SECTION 5.1. NON-DISCRIMINATION.............................................................................. 7 SECTION 5.2. COMPLAINTS.......................................................................................... 7 ARTICLE 6 - MID-TERM BARGAINING......................................................................... 7 ARTICLE 7 - MANAGEMENT RIGHTS.......................................................................... 9 SECTION 7.1. STATEMENT OF RIGHTS........................................................................... 9 SECTION 7.2. CONTRACTING OUT/CIVILIANIZATION........................................................ 9 ARTICLE 8 – SAFETY.................................................................................................. 10 SECTION 8.1. INJURY REPORTS.................................................................................. 10 SECTION 8.2. RECOGNITION....................................................................................... 10 SECTION 8.3. NO SMOKING POLICY............................................................................ 10 SECTION 8.4. HEALTH AND SAFETY COMMITTEE........................................................... 10 ARTICLE 9 - GRIEVANCE PROCEDURE................................................................... 10 SECTION 9.1. PREAMBLE........................................................................................... 10 SECTION 9.2. GRIEVANCE PROCEDURE....................................................................... 10 ARTICLE 10 - DISCIPLINE AND TREATMENT........................................................... 13 SECTION 10.1. JUST CAUSE...................................................................................... 13 SECTION 10.2. EMPLOYEE COPIES............................................................................. 13 SECTION 10.3. STAY OF DISCIPLINE........................................................................... 13 SECTION 10.4. ACTIONS NOT GRIEVABLE................................................................... 13 SECTION 10.5. UNION REPRESENTATION.................................................................... 14 SECTION 10.6. COMPLAINTS...................................................................................... 14 SECTION 10.7. CITY INITIATION.................................................................................. 14 SECTION 10.8. INACCURATE DOCUMENTS.................................................................... 14 ARTICLE 11 - NO STRIKE, NO LOCKOUT................................................................. 15 i  SECTION 11.1. NO STRIKE......................................................................................... 15 SECTION 11.2. NO LOCKOUT..................................................................................... 15 ARTICLE 13 - OVERTIME, CALL-BACK TIME, HOLIDAY ELIGIBILITY.................... 23 SECTION 13.1. ELIGIBILITY AND CALL-BACK TIME....................................................... 23 SECTION 13.2. OVERTIME ELIGIBILITY AND PAY.......................................................... 24 SECTION 13.3. HOLIDAY ELIGIBILITY AND PAY............................................................ 25 SECTION 13.4. OVERTIME AND HOLIDAY PAYMENT...................................................... 26 SECTION 13.5. HOLIDAY CREDIT NON-ELIGIBILITY....................................................... 26 SECTION 13.6. NO PYRAMIDING................................................................................. 26 ARTICLE 14 - WORKING OUT OF CLASS................................................................. 27 SECTION 14.1. WORKING OUT OF CLASS ELIGIBILITY.................................................. 27 SECTION 14.2. WORKING OUT OF CLASS SELECTION.................................................. 27 SECTION 14.3. PROFICIENCY...................................................................................... 29 SECTION 14.4. NON-UTILIZATION............................................................................... 29 ARTICLE 16 - SERVICE CREDIT AND PROFESSIONAL TIME................................. 29 SECTION 16.1. PAYMENT COMPUTATION..................................................................... 29 SECTION 16.2. PROFESSIONAL TIME........................................................................... 30 ii ARTICLE 19 - MAINTENANCE ALLOWANCE AND TURNOUT GEAR..................... 43 SECTION 19.1. INITIAL UNIFORM ALLOWANCE............................................................. 43 SECTION 19.2. UNIFORM REPLACEMENT..................................................................... 43 SECTION 19.3. REQUIRED UNIFORMS.......................................................................... 43 SECTION 19.4. TURNOUT GEAR.................................................................................. 43 SECTION 19.5. MAINTENANCE ALLOWANCE................................................................ 43 SECTION 19.6. WASHERS AND DRYERS...................................................................... 44 SECTION 19.7. RETENTION OF BADGE, HELMET & WEAPON UPON RETIREMENT............ 44 SECTION 19.8. SECURITY........................................................................................... 44 ARTICLE 20 - VACATION LEAVE............................................................................... 44 SECTION 20.1. VACATION LEAVE................................................................................ 44 SECTION 20.2. OTHER VACATION LEAVE PROVISIONS.................................................. 47 SECTION 20.3. SCHEDULING OF VACATIONS................................................................ 48 SECTION 20.4. VACATION CANCELLATION................................................................... 49 SECTION 20.5. INSTANT VACATION.............................................................................. 50 ARTICLE 21 – HOLIDAYS........................................................................................... 50 SECTION 21.1. HOLIDAYS.......................................................................................... 50 SECTION 21.2. HOLIDAYS CELEBRATED...................................................................... 51 ARTICLE 22 – TRANSFERS........................................................................................ 51 SECTION 22.1. VACANCY ANNOUNCEMENT................................................................. 51 SECTION 22.2. NOTICE OF SCHEDULE CHANGE........................................................... 51 SECTION 22.3. PERMANENT TRANSFERS.................................................................... 52 SECTION 22.4. ADMINISTRATION................................................................................ 52 SECTION 22.5. PRIORITY FOR VACANT POSITION......................................................... 54 ARTICLE 23 – PROMOTIONS..................................................................................... 54 SECTION 23.1. REQUIREMENTS FOR ADMINISTERING COMPETITIVE EXAMINATIONS........ 54 SECTION 23.2. JOINT COMMITTEE.............................................................................. 54 SECTION 23.3. UNION CONSULTATION........................................................................ 55 SECTION 23.4. GRIEVANCES...................................................................................... 55 SECTION 23.5. MISCELLANEOUS................................................................................ 57 ARTICLE 24 - INJURY LEAVE.................................................................................... 58 SECTION 24.1. REPORT OF INJURY............................................................................. 58 SECTION 24.2. REQUIREMENTS FOR RECEIVING INJURY LEAVE.................................... 58 SECTION 24.3. DECISION PENDING............................................................................. 61 SECTION 24.4. TIME OFF FOR EXAMINATIONS.............................................................. 61 SECTION 24.5. PROGRAM ADMINISTRATION................................................................ 61 ARTICLE 25 - LABOR RELATIONS MEETINGS......................................................... 61 SECTION 25.1. MUTUAL INTEREST.............................................................................. 61 SECTION 25.2. FORMAT............................................................................................. 61 iii ARTICLE 26 - SPECIAL LEAVE WITH PAY................................................................ 62 SECTION 26.1. MILITARY LEAVE................................................................................. 62 SECTION 26.2. MILITARY LEAVES IN EXCESS OF TWENTY-TWO (22) DAYS FOR FORTY (40) HOUR EMPLOYEES.................................................................................................... 62 SECTION 26.3. MILITARY LEAVES IN EXCESS OF TWENTY-TWO (22) DAYS FOR THREE (3) PLATOON EMPLOYEES.............................................................................................. 62 SECTION 26.4. REEMPLOYMENT................................................................................. 63 SECTION 26.5. JURY DUTY LEAVE.............................................................................. 64 SECTION 26.6. EXAMINATION LEAVE.......................................................................... 64 SECTION 26.7. WITNESS DUTY................................................................................... 64 SECTION 26.8. PAYMENT FOR WITNESS SERVICE........................................................ 65 SECTION 26.9. BETTY BRZEZINSKI LIVING ORGAN DONOR LEAVE................................ 65 ARTICLE 27 - SICK LEAVE......................................................................................... 65 SECTION 27.1. SICK LEAVE ACCRUAL........................................................................ 65 SECTION 27.2. ACCUMULATION AND PAYMENT OF SICK LEAVE.................................... 66 SECTION 27.3. SEPARATION PAYMENT....................................................................... 67 SECTION 27.4. USE OF SICK LEAVE............................................................................ 67 SECTION 27.5. LIMITATIONS ON THE USE OF SICK LEAVE............................................. 68 SECTION 27.6. EVIDENCE REQUIRED.......................................................................... 69 SECTION 27.7. SICK LEAVE CHARGED........................................................................ 69 SECTION 27.8. PAYMENT UPON DEATH....................................................................... 69 SECTION 27.9. ACCRUAL ELIGIBILITY......................................................................... 69 SECTION 27.10. SICK LEAVE UPON APPOINTMENT....................................................... 69 SECTION 27.11. ADVANCEMENT OF SICK LEAVE......................................................... 70 ARTICLE 28 – SENIORITY.......................................................................................... 70 SECTION 28.1. DEFINITION......................................................................................... 70 SECTION 28.2. RANK SENIORITY................................................................................ 70 SECTION 28.3. BREAK IN SENIORITY........................................................................... 70 SECTION 28.4. SENIORITY LIST.................................................................................. 71 ARTICLE 29 - UNPAID LEAVES OF ABSENCE......................................................... 71 SECTION 29.1. FAMILY MEDICAL LEAVE ACT (FMLA) LEAVE....................................... 71 SECTION 29.2. UNPAID DISABILITY LEAVE.................................................................. 76 SECTION 29.3. ACCRUAL OF SENIORITY/CONTINUOUS SERVICE................................... 77 SECTION 29.4. CONTINUATION OF INSURANCE BENEFITS............................................. 77 ARTICLE 30 – TRADES............................................................................................... 77 SECTION 30.1. TRADES APPROVAL............................................................................ 77 SECTION 30.2. REQUESTS FOR TRADES...................................................................... 77 SECTION 30.3. TRADES DENIAL................................................................................. 77 SECTION 30.4. KELLY DAY........................................................................................ 77 SECTION 30.5. EIGHT (8) HOUR ASSIGNMENTS........................................................... 77 SECTION 30.6. EMPLOYEE RESPONSIBILITY................................................................ 78 SECTION 30.7. TIME TRADE DENIAL........................................................................... 78 ARTICLE 31 – LAYOFFS............................................................................................. 78 SECTION 31.1. LAYOFFS............................................................................................ 78 iv ARTICLE 32 - EMPLOYEE ALCOHOL AND DRUG TESTING................................... 78 SECTION 32.1. STATEMENT OF POLICY....................................................................... 78 SECTION 32.2. TESTING INFORMATION........................................................................ 79 SECTION 32.3. PROHIBITIONS.................................................................................... 79 SECTION 32.4. DRUG AND ALCOHOL TESTING PERMITTED........................................... 79 SECTION 32.5. ORDER TO SUBMIT TO TESTING............................................................ 80 SECTION 32.6. TEST TO BE CONDUCTED..................................................................... 80 SECTION 32.7. DRUG TESTING STANDARDS (HHS STANDARDS).................................. 82 SECTION 32.8. DISCIPLINARY ACTION......................................................................... 84 SECTION 32.9. RIGHT OF APPEAL............................................................................... 85 SECTION 32.10. EMPLOYEE ASSISTANCE PROGRAM.................................................... 86 SECTION 32.11. TREATMENT...................................................................................... 86 SECTION 32.12. DUTY ASSIGNMENT AFTER TREATMENT............................................... 86 SECTION 32.13. UNION HELD HARMLESS.................................................................... 86 SECTION 32.14. CHANGES IN TESTING PROCEDURES................................................... 86 SECTION 32.15. CONFLICT WITH OTHER LAWS............................................................ 87 SECTION 32.16. DEFINITIONS...................................................................................... 87 ARTICLE 33 - INCLEMENT WEATHER....................................................................... 87 SECTION 33.1. INCLEMENT WEATHER......................................................................... 87 ARTICLE 34 – SEPARABILITY................................................................................... 87 SECTION 34.1. SEPARABILITY.................................................................................... 87 ARTICLE 35 - JOB DUTIES......................................................................................... 88 SECTION 35.1. JOB DUTIES....................................................................................... 88 SECTION 35.2. PROPOSED CHANGES......................................................................... 88 SECTION 35.3. BUILDING REPAIRS............................................................................. 88 ARTICLE 36 - TOUR OF DUTY AND HOURS OF WORK........................................... 88 SECTION 36.1. FORTY (40) HOUR WORKWEEK............................................................ 88 SECTION 36.2. CANINE HANDLERS.............................................................................. 89 SECTION 36.3. THREE (3)-PLATOON SYSTEM WORKWEEK........................................... 89 SECTION 36.4. KELLY DAY DEFINITION....................................................................... 89 SECTION 36.5. KELLY DAY DRAW.............................................................................. 89 SECTION 36.6. KELLY DAY SCHEDULING.................................................................... 89 SECTION 36.7. HOURS OF OPERATION FOR BATTALION CHIEF AND DEPUTY CHIEF........ 90 SECTION 36.8. HOURS OF OPERATION FOR FIREFIGHTERS, LIEUTENANTS, CAPTAINS, EMS SUPERVISORS AND FIRE ALARM OFFICE..................................................................... 90 SECTION 36.9. MEAL PERIODS................................................................................... 91 SECTION 36.10. HOURS OF OPERATION FOR FORTY (40)-HOUR EMPLOYEES................ 91 SECTION 36.11. LEAP YEAR....................................................................................... 91 SECTION 36.12. FOUR (4) TEN (10) SCHEDULE........................................................... 91 ARTICLE 37 - INTERNAL INVESTIGATION PROCEDURES..................................... 91 SECTION 37.1. SCOPE............................................................................................... 91 SECTION 37.2. RIGHT TO REPRESENTATION................................................................ 92 SECTION 37.3. DISCLOSURE...................................................................................... 92 SECTION 37.4. SUPERVISORY ACTION........................................................................ 92 v  SECTION 37.5. INVESTIGATION QUESTIONING.............................................................. 93 SECTION 37.6. LEGAL RIGHTS................................................................................... 93 SECTION 37.7. CONDUCT OF INTERVIEW..................................................................... 93 SECTION 37.8. RECORD OF INTERVIEWS..................................................................... 93 SECTION 37.9. INSUBORDINATION.............................................................................. 93 SECTION 37.10. EVIDENCE OF ADMISSIBILITY.............................................................. 94 SECTION 37.11. WRITTEN REPORTS............................................................................ 94 SECTION 37.12. ACCESS OF RECORD.......................................................................... 94 SECTION 37.13. INVESTIGATION OUTCOME.................................................................. 94 SECTION 37.14. VIOLATION........................................................................................ 94 SECTION 37.15. EXTERNAL INVESTIGATION PROCEDURES............................................ 94 ARTICLE 38 - PHYSICAL HEALTH AND FITNESS.................................................... 95 SECTION 38.1. SCOPE............................................................................................... 95 SECTION 38.2. INITIAL HEALTH AND PHYSICAL EXAMINATION (HPE)............................ 95 SECTION 38.3. SCHEDULED HEALTH AND PHYSICAL EXAMINATION (HPE).................... 95 SECTION 38.4. MEDICAL DEFERRALS......................................................................... 96 SECTION 38.5. BODY COMPOSITION ANALYSIS............................................................ 96 SECTION 38.6. PHYSICAL FITNESS TEST..................................................................... 96 SECTION 38.7. PHYSICAL FITNESS TRAINING PROGRAM (PFTP).................................. 97 SECTION 38.8. WELLNESS PROGRAMS....................................................................... 98 SECTION 38.9. COMMITTEE........................................................................................ 98 SECTION 38.10. PROGRAM CHANGES......................................................................... 98 ARTICLE 39 – TIME DONATION PROGRAM........................................................... 109 SECTION 39.1. PURPOSE......................................................................................... 109 SECTION 39.2. CONDITIONS..................................................................................... 109 SECTION 39.3. EMPLOYEES DONATING VACATION TIME............................................. 109 ARTICLE 40 - DURATION OF CONTRACT............................................................... 110 SECTION 40.1. CONTRACT DURATION....................................................................... 110 SECTION 40.2. SUCCESSOR CONTRACT.................................................................... 110 APPENDIX B.............................................................................................................. 118 vi MEMORANDA OF UNDERSTANDING............................................................................ 118 vii  ARTICLE 1 – PREAMBLE This Contract is made between the City of Columbus, hereinafter referred to as the "City" or the "Employer", and Local No. 67 of the International Association of Fire Fighters, hereinafter referred to as the "Union" or the "IAFF". This Contract shall be subject to all applicable laws. ARTICLE 2 - RECOGNITION AND REPRESENTATION Section 2.1. Recognition. The City hereby recognizes the Union as the sole and exclusive representative for the purpose of collective bargaining for all uniformed employees of the Division of Fire excluding the Fire Chief and the Fire Assistant Chiefs. Section 2.2. Time to Perform Union Functions. Time to perform Union functions will be allowed for duly elected officers, and the Stewards of the Union. During their terms of office, the duly elected officers, and Stewards of the Union will receive their full pay, benefits, department and/or rank seniority, or service to attend to the business of the Union. Additionally, Union Stewards will be permitted to investigate and process grievances and to attend stewards' meetings on working time, but without loss of pay, benefits, department and/or rank seniority or service, but such release from duty shall not require overtime personnel to be called in for duty. The President of the Local Union shall be assigned to a non-platoon assignment if he/she requests such assignment. Section 2.3. Local Union Representative. The President of the Local Union may designate two employees of the bargaining unit who shall be released from his/her normal duties without loss of pay or benefits to handle Union business. The President of the Local Union shall advise the Chief of the Local Union Representatives’ duties and the scope of his/her authority on behalf of the Local Union. Each January 1st, the vacation credit of each employee of the bargaining unit shall be reduced by two (2) hours of vacation time, to provide for this release. The City shall place all time donated by employees, and a City donation of all time necessary to release the Local Union Representatives for a total of four thousand one hundred and sixty (4,160) hours each year in a time bank. The time bank shall be used by the designated Local Union Representatives or the alternate, if the designated Local Union Representatives are absent or unavailable, at no more than forty (40) hours per week. Section 2.4. Use of Intra-Departmental Mails. The Local shall be permitted to utilize the intra-departmental mail boxes for the purpose of providing information pertaining to Local Union business or representation to employees. The Local agrees that the use of the mail boxes will be reasonable and limited to providing information that is necessary for the normal conduct of Local Union business or representation. The Local agrees not to use intra-departmental mail systems for mass mailings. All mail placed into the mail boxes by the Local shall be the property 1 of the employees to whom it is addressed and such mail shall not be subject to the City's review. The Local Union office will have access to the City’s intranet at no cost to the City. Section 2.5. Time Allowed for Union Functions. The Union shall be authorized an aggregate of one hundred twenty-eight (128) workdays over a two-year period, beginning with even-numbered years, for use by Union officials to use to attend Union functions such as conventions, educational meetings, or conferences. This paid time off is in addition to the time referenced in Section 2.2, above. The Union President's leave shall be excluded from the one hundred twenty-eight (128) day aggregate. Section 2.6. OAPFF Officer. The City agrees to release a member of the bargaining unit from duty who is elected as an officer of the Ohio Association of Professional Firefighters (OAPFF) without loss of pay or benefits to the extent reasonably necessary in order for such employee to carry out his/her official duties as an OAPFF officer. Such employee shall return to his/her assigned positions for the day during that portion of the shift when he/she is not required to be away for his/her duties as an officer of the OAPFF. This paid leave may continue so long as the employee continues as an OAPFF officer and is a member of the bargaining unit. Such OAPFF officer may be required to drop or forego any of the activities allowed by this section, upon the direction of the Appointing Authority, for the purpose of assisting in emergency response work, and to attend all Division required training sessions applicable to the employee's position. ARTICLE 3 – DEFINITIONS Appointing Authority - Director of Public Safety. Appointment - The designation of a person, by due authority, to become an employee in the position, and his/her induction into employment in such position. Calendar Month - From the first day to and including the last day of any one of the twelve (12) calendar months. Calendar Week - Seven (7) consecutive calendar days starting at 00:00 on Sunday and ending at 23:59 on Saturday. Class - A group of positions with the same descriptive title having similar duties and responsibilities and requiring similar qualifications and which can be distinguished from other groups of positions. Classified Service - All positions and employment not specifically included by provisions of the City Charter as being in the unclassified service. 2 Compensatory Time - Time off with pay for authorized overtime worked, in lieu of salary and wages, calculated in accordance with Article 13 of this Contract. Continuous Service - An employee's length of service in the full-time employment of the City uninterrupted by resignation, retirement, discharge for cause, or a layoff of more than three hundred sixty-five (365) days. Resignation to immediately accept another position in the employment of the City shall not be considered an interruption in continuous service. If an employee retires as a result of a permanent disability and subsequently returns to employment in the bargaining unit, the employee shall not be considered to have had a break in continuous service. However, the period during which the employee was retired shall not be counted in the calculation of continuous service. This definition of continuous service shall not apply to employees on board as of May 31, 1987 who, prior to such date, enjoyed multiple periods of continuous service with the City interrupted by events which would constitute a break in service under this definition. In such cases, all service in the full-time employment with the City shall continue to count in the calculation of the employee's continuous service. Days - Any reference to "days", unless otherwise specified, refers to calendar days. Demotion - A change of an employee from a position of one class to a position of a different class having a lower maximum rate of pay. Eligible List - A list of names of persons who have been found qualified through suitable tests for reinstatement or employment. Employee/Employees - As used in this Contract means any member of the bargaining unit. Extended Illness – Two (2) or more consecutive days on which the employee’s unit is scheduled to work, including the day on which the holiday is celebrated, of sick leave for those assigned to a three (3)-platoon system workweek; and three (3) or more consecutive days on which the employee is scheduled to work, including the day on which the holiday is celebrated, of sick leave for those assigned to a forty (40) hour workweek. Full-Time Status - Employment which requires active service to be performed in accordance with an established scheduled working time, such schedule to be based upon not less than eighty (80) hours per fourteen (14) consecutive calendar days. Gender - Every pronoun includes corresponding pronouns of different genders or numbers or both, to the extent the context permits. Immediate Family - Includes spouse, domestic partner provided the terms of Ordinance No. 1077-2010, as amended, are met, son, daughter, brother, sister, parent, grandparent, grandchild, niece, nephew, father or mother-in-law, son or daughter-in-law, brother or sister-in-law, grandparent-in-law, stepmother or father, stepbrother or sister, stepson or daughter, half-brother or sister, and legal guardian or other person who stands in the place of a parent. [Note: This definition does not apply to the Family and Medical Leave Act.] 3 Journeyman Firefighter - A journeyman firefighter is an employee who has: (1) Successfully completed the recruit training program; (2) Successfully completed EMT-B training and obtains and maintains full EMT-B state certification; (3) Obtained certification as a fire safety inspector; (4) Successfully completed all written and practical evaluations of their proficiency as a firefighter sufficient to qualify for Firefighter II certification as defined by the Division in accordance with the joint union, administration committee regarding the Journeyman Firefighter program or the Journeyman Firefighter Committee (JFFC); and (5) Completed three (3) years from date of appointment. As a condition of continued employment, employees must satisfy the above listed requirements for Journeyman Firefighter within three (3) years from their date of hire or they may be terminated. It is understood that the City's right to insist upon completion of the above requirements within the time frames referenced is dependent upon the City providing the necessary training within the time frames necessary to permit satisfaction of such requirements. Kelly Day - A continuous twenty-four (24) hour period of time off duty for those employees working the three (3) platoon system to bring the workweek to an average forty-eight (48) hours during the twenty-one (21) day cycle which has been established by the Division of Fire. Original Appointment - Initial appointment of a person to a position in the City service, or appointment after service has been interrupted by resignation, retirement, or discharge. Overtime - Time during which an employee is on duty, working for the City of Columbus in excess of regularly scheduled work hours as calculated in Article 13. Overtime applies only to that time authorized to be worked by the Appointing Authority in accordance with the provisions of this Contract. Paid Status - Shall include compensation received for work performed and when on authorized leave with pay. Pay Period - A two (2) week period beginning at 08:00 on a Sunday and ending on the second Sunday thereafter at 07:59. Pay Plan - A schedule of compensation rates established for the classes of positions in the Division of Fire. Pay Range - The minimum and maximum pay rates, together with the intermediate rates, if any, established for a class. Pay Step - Each of the regular increments in a pay range. 4 Permanent Status - The rights and privileges granted to an employee who has been appointed to a classified position after certification from an eligible list or as otherwise provided by the City Charter, and completion of the probationary employment period. Position - Any office, employment or job calling for the performance of certain duties and the exercise of certain responsibilities by one individual. A position may be vacant, occupied part-time or occupied full-time. Promotion - A change from a position in one class to a position in a different class having a higher maximum rate of pay. Provisional Appointment - Appointment of an individual possessing the minimum qualifications for the position involved, in the absence of, and pending the establishment of an eligible list. Reappointment - An appointment from an eligible list of a person whose name has been restored to said list, said person previously having permanent status and separated from the City in good standing. Reemployment - Return to duty of a person who is laid off due to lack of work or lack of funds. Resignation - The voluntary termination of employment by an employee. Seniority – Departmental Seniority - The employee's total length of employment since his/her most recent date of appointment or reappointment to a position within the bargaining unit. Employees within a recruit class are assigned initial departmental seniority in order of their overall performance on Fire Fighter I and II tests taken during recruit class training or other criteria agreed to by the parties. Rank Seniority - The length of an employee's service within his/her rank. The rank seniority of an employee demoted for disciplinary reasons will begin the effective date of the demotion, but will not include any time previously spent in the rank to which the employee is being demoted. Service Credit Year - The service credit year shall commence with the beginning date of the 26th pay period of each fiscal year and shall end as of the last day of the 25th pay period of the following fiscal year. Transfer - The movement of an employee from his/her current job assignment to a vacant job assignment. Unit - One of the three 24-hour shifts on the three (3) platoon system. Workday - An eight (8) hour shift for those employees working a forty (40) hour week and a twenty-four (24) hour shift for those employees working the three (3)-platoon system. 5  ARTICLE 5 - NON-DISCRIMINATION Section 5.1. Non-Discrimination. Both the City and the Union desire a workplace that is free from all forms of illegal discrimination. The parties agree to comply with all applicable local, state or federal anti- discrimination laws. It is recognized, however, that in determining whether such discrimination has occurred, and/or in determining the type of accommodation, if any, which might be required in order to satisfy the applicable statutory obligation, the provisions of this Contract are relevant considerations. Employees are encouraged to resolve informally any disagreement concerning any interpretation and application of this Section 5.1 as it relates to alleged discrimination by the City through discussions with Union representatives and the City of Columbus. The Union has the right to offer programs of its own exclusively to its members. If an informal resolution of an employee's claim under this Article 5 is reached, or if the claim is settled in the grievance procedure, or if an arbitration award is rendered in the case, and if the employee also pursues the claim of discrimination before local, state, or federal agencies or courts, any relief obtained by the employee under this Contract shall be rescinded and shall not continue to be performed or provided to the extent that the results achieved by the employee in local, state, or federal forums is either inconsistent with the result achieved under this Contract or cumulative and redundant of the result achieved under this Contract. Section 5.2. Complaints. If an employee files a formal charge with the Ohio Civil Rights Commission and/or the Equal Employment Opportunity Commission alleging facts which would constitute a violation of the rights protected in this Article, and the Ohio Civil Rights Commission and/or Equal Employment Opportunity Commission has jurisdiction, the employee filing such charge shall thereby forfeit his/her right to process a grievance under Article 9 of this Contract in pursuit of the rights protected by this Article. Nothing in this provision shall interfere with the Union’s right to administer this Contract. ARTICLE 6 - MID-TERM BARGAINING (A) This Contract concludes collective bargaining between the parties for its term as to any condition of employment specifically covered by the express provisions of this Contract, and both parties waive their right to bargain for the term of this Contract as to such conditions of employment. As to such conditions of employment, this Contract supersedes and cancels all prior practices and agreements, whether written or oral, unless expressly stated in this Contract. (B) As to any conditions of employment which constitute a mandatory subject of bargaining and which are not covered by an express provision of this Contract, the Union shall retain its right to bargain during the term of this Contract in the event the City wishes to make any change in such conditions of employment. If the City desires to make such a change during the term of this Contract, it shall first provide 7  the Union with written notice of the proposed change. The Union's bargaining rights shall be implemented according to the following procedure as to proposed changes: (1) If the Union wishes to exercise its bargaining rights as to the decision and/or effects of the proposed change, it must notify the City in writing within seven (7) days of its receipt of the City's notice. Bargaining as to the decision and/or its effects shall commence within seven (7) days of the Union's notice to the City or at such other times as may be mutually agreed by the parties. Such bargaining shall continue for a period of thirty (30) days from the date of the Union's notice to the City or longer if mutually agreed or for a shorter period if an agreement or an impasse is reached in a lesser period of time. (2) If the parties are unable to reach agreement regarding the City's proposed change, the City may submit the issues in dispute to a final offer settlement procedure that is fully set forth in this paragraph (B)(2) and (B)(3). Upon request by the City, the parties shall jointly request from the Federal Mediation and Conciliation Service (FMCS) a list of seven (7) arbitrators and the parties shall select a single arbitrator from the list by alternate striking of names to serve as the conciliator. A coin toss shall determine the party with the right to strike first. Except as specifically modified in Paragraphs (B)(2) and (B)(3) of this Article, the guidelines contained in ORC 4117.14(G), as it existed at the time of signing this Contract, shall apply to the final offer settlement procedure. (3) Within fourteen (14) calendar days of receipt of the conciliator's decision, the City shall either (a) implement the modifications in the condition(s) of employment in accordance with the conciliator's decision, or (b) abandon the proposed change in condition(s) of employment and maintain the status quo. (C) If the City inadvertently fails to notify the Union of a change that gives rise to bargaining rights, the Union's obligation to request bargaining under the time frames established in Paragraph (B)(1) of this Article does not begin until the Union is notified of the change or until the Union obtained knowledge of the change. (D) The parties agree to be preliminarily bound by the decision of the conciliator for purposes of determining mid-term bargaining obligations as set forth in this Article, but such decision shall not be binding on the parties or on a fact-finder or conciliator in connection with negotiations, fact-finding or conciliation over a successor Contract as provided in Article 40. 8  ARTICLE 7 - MANAGEMENT RIGHTS Section 7.1. Statement of Rights. The City retains the right: (A) to direct the work of personnel; (B) to determine the mission of the Fire Division and the personnel, methods, means, and procedures necessary to most efficiently fulfill that mission; (C) to determine the size and composition of the workforce; (D) to suspend, discipline, or discharge employees for just cause (probationary employees without cause); (E) to relieve employees from duties because of lack of work, lack of funds, or in order to maintain the most efficient operation possible; (F) to take actions as may be necessary to carry out the mission of the Fire Division in emergencies; (G) to hire, schedule, promote, demote, transfer, evaluate, and assign employees; (H) to recruit, select, and determine the qualifications and characteristics of employees; (I) to schedule or not schedule overtime as required in the manner most advantageous to the City and consistent with the requirements of efficient operations; (J) to train or re-train employees as appropriate; (K) to make and enforce reasonable rules and regulations, the reasonableness of which is subject to grievance. Section 7.2. Contracting Out/Civilianization. The City agrees to not contract out any fire prevention, emergency medical services, fire suppression services or emergency dispatching duties performed by the bargaining unit. The City further agrees to not civilianize any fire prevention, emergency medical services, or fire suppression services. 9  ARTICLE 8 – SAFETY Section 8.1. Injury Reports. The Union shall be given a copy of all injury reports. The Union shall also be given a copy of the injured employee’s medical records if the employee authorizes the release of such medical records. Section 8.2. Recognition. The City recognizes its obligation to maintain a safe working environment. Safety rules and programs shall be consistent with accepted industry standards insofar as budget constraints and available staffing permit. The Union may raise disputes as to compliance with this provision under Article 9, Grievance Procedure. Section 8.3. No Smoking Policy. Smoking shall be prohibited in all City vehicles, in all City facilities and on City property pursuant to Division Directives. Section 8.4. Health and Safety Committee. The Union will have equitable representation on the Division’s Health and Safety Committee. Should the Division have a need to convene an injury/death or critical incidents, immediately dangerous to life and health investigation committee, the City agrees to have equitable union participation on this Committee. ARTICLE 9 - GRIEVANCE PROCEDURE Section 9.1. Preamble. This procedure is in no way designed as a vehicle for any employee to refuse orders or to fail to carry out assigned jobs, but rather to define said employee's right to redress said orders or job assignments. Section 9.2. Grievance Procedure. It is the Division of Fire's well-established policy that any discharge, demotion, suspension, removal or other disciplinary measure shall only be for just cause. All other treatment of an employee, including assignment and transfer, shall be reasonable, fair and non-discriminatory in nature. To insure that uniformed employees of the Division of Fire are aware of their rights, and to establish a uniform policy for processing of employee grievances, the following procedures shall apply: (A) Definition. A grievance is any unresolved question or dispute regarding terms and/or conditions of employment. If an employee appeals a disciplinary action to the Civil Service Commission, and it is determined that the Commission has jurisdiction, his/her right to process a grievance concerning that disciplinary action is terminated. (B) Procedures. A grievance may be initiated by any employee or the President of Local No. 67, IAFF, or his/her designee, on behalf of bargaining 10  unit members. The grievance must be presented within thirty (30) days of the date on which the grievant became aware or should have become aware (but in no event to exceed forty-five (45) days of the occurrence unless concealed) of the occurrence or it will be considered not to have existed. (C) A grievance may be initiated at any Step of this Grievance Procedure if the Fire Chief and the Union President mutually agree, in writing, to waive prior steps. (D) The time limits prescribed in the following steps in this Article may be extended at any time by mutual consent of the parties. Mutual consent may be indicated in writing and signed by both parties. It is understood and intended that these time limits will be adhered to by both parties unless so extended, and each party recognizes that its failure to meet such time limits, should such failure become a pattern, may justify an arbitrator in treating such time limits as only directive in a subsequent proceeding where the other party has failed to meet a time limit. Furthermore, failure to answer a grievance at any step within the prescribed time limits shall be considered a denial of the grievance and it shall automatically proceed to the next step. (This automatic appeal shall not be used as an excuse not to answer a grievance.) Step 1. A grievance may be submitted in writing on the designated grievance form to the Chief of the Division of Fire. Upon receipt of the grievance, the Chief or his/her designee shall, within six (6) days, meet with the employee and/or the President of the Union or his/her designee in an attempt to resolve the grievance. Within six (6) days of such meeting, the Chief shall deliver his/her answer, in writing, to the employee and/or the President of the Union or his/her designated representative. Step 2. If the answer in Step 1 is not satisfactory to the Union, the grievance may be presented to the Public Safety Director within twenty (20) days. Upon receipt of the grievance, the Public Safety Director or his/her designee shall, within twenty (20) days, meet with the employee and/or the President of the Union or his/her designee in an attempt to resolve the grievance. Within twenty (20) days of such meeting, the Public Safety Director or his/her designee shall deliver the answer, in writing, to the employee and the President of the Union or the designated representative. With respect to disciplinary matters, once an employee has had a pre- disciplinary hearing before the Public Safety Director or designee, and once the Public Safety Director or designee has made a decision on the discipline, an employee who wishes to contest such discipline shall make a binding election to have such discipline reviewed either by the Civil Service Commission or under the grievance procedure of this Contract. If the employee elects to have the discipline reviewed under the grievance procedure, the matter shall proceed directly to Step 3, with the thirty (30) day deadline for filing at Step 3 commencing on the date that the Public 11 Safety Director's or designee's decision on the disciplinary action is received and dated by the employee. A copy will be contemporaneously sent to the Union. Step 3. If the answer in Step 2 is not satisfactory to the Union, the grievance may be submitted to arbitration. (1) Any grievance which is not resolved through the grievance procedure may be submitted to arbitration upon the request of the Union; such request to be made, in writing, to the City within thirty (30) days of the Union's receipt of the City's answer to Step 2 of the above grievance procedure. (2) Simultaneously with the submission of the request for arbitration to the City, the Union shall request that the Federal Mediation and Conciliation Service submit a panel of seven (7) names to the Union and the City, from which a single arbitrator shall be selected. Each party shall have the right to reject an entire panel once per year. Upon receipt of that panel, the parties will meet within five (5) days to select the arbitrator by alternately striking names from such panel until one name remains, that person to be appointed as arbitrator for purposes of the specific grievance involved. The first party to strike a name in the selection process shall be determined by a flip of a coin. (3) The arbitrator, in rendering the decision, shall state which provisions, if any, of the Contract were violated; the arbitrator shall have no power to add to or subtract from, or modify any terms of this Contract. (4) All proceedings under this Article shall commence and be carried to a conclusion as expeditiously as possible, subject to the availability of the arbitrator and the parties' representatives and witnesses. (5) Each party shall bear the expense of preparing and presenting its own case. The compensation and expenses of the arbitrator, hearing room expense (if any), the costs of a reporter and transcript (if mutually requested), and the incidental expenses of arbitration mutually agreed to in advance, shall be borne by the losing party of such arbitration. The arbitrator shall identify the losing party. (6) The decision of the arbitrator shall be final and binding upon the parties hereto. The decision shall be rendered within thirty (30) days following close of hearing. Where post-hearing briefs are filed, the hearing shall be considered closed upon the arbitrator's receipt of such briefs. (7) More than one grievance may be submitted to the same arbitrator at a time only if both parties mutually agree to do so in writing. 12  (E) Union stewards and Grievance Committee members will be permitted reasonable time to investigate and process grievances without the loss of pay, benefits, seniority or service with priority over all non-emergency services. The investigation and processing of grievances shall be done at times so as to minimize interference with assigned duties and training. (F) No member of the bargaining unit shall have authority to settle a grievance without the subsequent written acceptance of same by the Director of the Department of Public Safety or his/her designee. No action, statement, agreement, settlement, or representation made by any member of the bargaining unit regarding the City's rights or obligations under this Contract shall be considered to be authorized by or binding upon the City unless and until the Director of the Department of Public Safety or his/her designee has agreed thereto in writing. No grievance settlement requiring the payment of money outside of routine payroll operations shall be considered to be authorized by or binding upon the City unless the settlement is authorized by the City Attorney’s office. ARTICLE 10 - DISCIPLINE AND TREATMENT Section 10.1. Just Cause. Any discharge, demotion, suspension, removal, or other disciplinary measure shall be only for just cause. Additionally, all other treatment of an employee, including assignment and transfer, shall be reasonable, fair and non-discriminatory in nature. Section 10.2. Employee Copies. The Union and the employee will receive a copy of all memoranda sent to the Fire Chief and/or appearing in the employee's personnel file documenting or constituting disciplinary or counseling actions, except where an employee request that same not be sent to the Union. Section 10.3. Stay of Discipline. When a grievance has been filed on a company disciplinary action, i.e., corrective action not rising to the level of a written reprimand which would be irreversible once implemented, that disciplinary action shall not be implemented until after the grievance process has been exhausted. Section 10.4. Actions not Grievable. Counseling actions (including memoranda of counseling) are not reviewable under the grievance procedure. Evidence of such counseling (including memoranda) shall not be considered in subsequent disciplinary proceedings except to discredit an employee's defense that he/she was never informed of the job performance or conduct problem at issue, and/or was never informed of the necessary steps to correct the problem. Memorandum of Counseling, also known as PI-17s, will expire after a period of twenty- four (24) months from the date of the counseling session and will not be considered an active document after this period. 13 Section 10.5. Union Representation. When any discussion with an employee may result in the initiation of disciplinary action against the employee, the initiator is required to advise the employee prior to the beginning of the discussion that the employee may request the presence of a Union representative. The right to Union representation is not required when the discussion is strictly between a superior officer and the employee, and it is not conducted for the purpose of taking or announcing disciplinary action. However, when in the course of such discussion, it becomes apparent to the superior officer that disciplinary action could result, the superior officer is required to advise the employee that the employee may request the presence of a Union representative before the discussion continues. Section 10.6. Complaints. (A) In order for a citizen complaint (including an anonymous complaint) to be investigated, the complaint must be received by the City within ninety (90) days after the date of the alleged event giving rise to the complaint. Further, when an anonymous complaint is made against an employee and no corroborative evidence is obtained from the information that either accompanies the complaint or that is reasonably obtainable from information provided in the complaint, the complaint shall be classified as unfounded and the accused employee shall not be required to respond. (B) The following allegations of conduct are an exception to the ninety (90) day time limit imposed in Paragraph (A) above: (1) An allegation(s) of conduct that is criminal on it’s face (in which case the time limit is the applicable criminal statute of limitations). (2) An allegation(s) of conduct that could reasonably lead to termination, provided that if such alleged conduct is also criminal on its face, the time limit shall be the applicable criminal statute of limitations. (3) An allegation(s) of conduct that could constitute unlawful discrimination or retaliation under all applicable local, state or federal anti- discrimination laws. (C) Nothing in this section is intended to limit or will limit an employee’s other rights under this Contract or at law. Section 10.7. City Initiation. The City may initiate an investigation upon becoming aware of possible wrongdoing by an employee, even though a formal complaint is not filed with the Division. Section 10.8. Inaccurate Documents. Should any employee have reason to believe that there are inaccuracies in documents contained in his/her personnel file, he/she may write a memorandum to the Fire Chief explaining the alleged inaccuracy. The Chief or designee shall attach the employee’s memorandum to the document in the file and note thereon the Chief’s concurrence or disagreement with the memorandum’s contents. 14  ARTICLE 11 - NO STRIKE, NO LOCKOUT Section 11.1. No Strike. It is understood and agreed that the services performed by employees covered by this Contract are essential to the public health, safety and welfare; the Union, therefore, agrees that it will not authorize, instigate, aid, condone, or engage in any strike, work stoppage, slowdown, sympathy strike, secondary boycott, residential picketing or other action at any time which will interrupt or interfere with the operation of the City for the duration of this Contract. No employee represented by the Union shall cause or take part in any strike, work stoppage, slowdown, sympathy strike, secondary boycott, residential picketing or other action, which will interrupt or interfere with the operation of the City. In the event of a violation of this Article, the Union agrees to take affirmative steps with the employees concerned such as letters, bulletins, telegrams, employee meetings and public denouncement of any violation to bring about an immediate resumption of normal work. Section 11.2. No Lockout. The City agrees that it will not engage in any lockout of employees covered by this Contract. 15  ARTICLE 13 - OVERTIME, CALL-BACK TIME, HOLIDAY ELIGIBILITY Section 13.1. Eligibility and Call-Back Time. Employees whose classifications are assigned in Pay Ranges 1F, 2F, 3F and 4F are eligible to receive compensatory time off or payment for overtime worked. Any employee called back to duty during off-duty hours to work platoon duty (as opposed to forty (40) hour duty) will be paid at the rate of time and one-half of the forty-eight (48) hour rate for the employee's appropriate range and step for all hours worked during such call-back. The forty (40) hour rate remains the regular rate of pay for overtime calculation purposes for employees when working overtime in a 40-hour assignment. Employees shall be paid for a minimum of four (4) hours at the time and one-half rate when called back to duty, except that when such call-back occurs less than four (4) hours prior to the 23 employee's regularly scheduled starting time, the employee shall be paid at the time and one-half rate only for the actual hours worked in overtime status. Section 13.2. Overtime Eligibility and Pay. (A) Overtime will be handled on a position-for-position (rank-for-rank) basis for all call-backs occurring between 2000 and 0800 hours. That is, if the Division is required to call back any employee by reason of insufficient on- duty staffing holding promoted rank(s), a person(s) holding that rank shall be called back. Employees whose class is assigned in pay range 5F (Deputy Chief) are ineligible to receive compensatory time off or payment for overtime worked, and shall not be subject to the position-for-position (rank-for-rank) call back provision of this paragraph. (B) Employees working an average forty (40) hour week shall be compensated at a rate of time and one-half at the E/5 Step rate of pay for all hours worked in excess of eight (8) in any day when working a five (5) day, eight (8) hour per day workweek; or in excess of forty (40) hours in any workweek. Employees working a five (5) day eight (8) hour per day workweek who have worked not less than eight (8) hours each day on six (6) consecutive calendar days shall be compensated at their appropriate double time rate for time worked on the seventh consecutive calendar day. Time worked on a seventh day, in cases of employees working a five (5) day and eight (8) hour per day workweek, due to work schedules being changed at the request of the employee or trading days off by mutual consent of employees, or time worked as a result of changing shifts where there is a continuous twenty-four (24) hours per day operation and/or a continuous seven (7) day per week operation, is not subject to premium overtime rates. The words "hours worked" as used in this paragraph shall include all hours during which the employee is on paid status except those hours during which the employee is on authorized sick leave or injury leave with pay; and as used in all other parts of this Article, shall include only hours during which the employee actually works. At the discretion of the Appointing Authority, holidays may be compensated by payment or in compensatory time off pursuant to Paragraph (A) of this Article. Payment shall be made for any overtime or holiday work time due at the time of separation from the City service. (C) When an employee working an average forty (40) hour workweek works a day celebrated as an eight (8) hour holiday, in addition to the regular eight (8) hour holiday pay, he/she shall be paid at the straight time rate for the first eight (8) hours worked; and for time worked in excess of eight (8) hours on such holiday, his/her full rate of compensation shall be at the rate of time and one-half. When the employee works on a day celebrated as a four (4) hour holiday in addition to the regular four (4) hour holiday pay, he/she shall be paid at the straight time rate for the first eight (8) hours on such holiday, his/her full rate of compensation shall be at the rate of time and one-half. 24  (D) Employees working under the three (3) platoon system shall be compensated at straight time for all hours worked, except that hours worked in excess of a twenty-four (24) hour workday shall be compensated for at the rate of time and one-half. At the discretion of the Appointing Authority, overtime worked may be compensated by payment or compensatory time off. Payment shall be made for any overtime due at the time of separation from the City service, less applicable withholding and amounts owed by the employee to the City. Any overtime worked by eligible employees under the provisions of this paragraph shall be compensated at time and one-half the forty-eight (48) hour rate at the E/5 Step rate of pay. (E) It shall be the policy of the City to avoid overtime work except when absolutely necessary. The City shall not compensate for any overtime work in any form or manner except on the advance authorization of the Appointing Authority, except in an emergency in which case such authorization may be granted subsequently, and unless the employee submits the overtime for payment within fourteen (14) calendar days after the overtime is worked. (F) Compensatory time off may be granted to eligible employees in lieu of salary or wages for authorized overtime worked, and hours worked on a holiday (forty (40) hour employees only) and such compensatory time off shall equal the number of hours required of any such employee to work at his/her appropriate hourly rate to earn the monetary compensation to which he/she is otherwise entitled under the provision of this Section. Section 13.3. Holiday Eligibility and Pay. (A) Each full-time employee working an average workweek of forty (40) hours or more shall earn holiday credit at the rate of 3.85 hours for each complete pay period of service. Accumulated holiday credits shall be compensated in January of each year at the forty (40) hour rate in the employee's appropriate class and step. An employee who experiences a break in continuous service and who has holiday credit, as provided in this paragraph, shall be compensated for accumulated holiday credits upon separation at the forty (40) hour rate (less applicable withholding and amounts owed by the employee of the City) in the employee's appropriate range and step in effect at the time of separation. (B) To be eligible for holiday pay, a forty (40) hour employee must be in full- time status as defined in Article 3, Definitions. Further, the employee must have worked, been on vacation, compensatory time off, approved sick leave granted for the illness of a member of the immediate family living in the employee’s household, and/or death in the immediate family, and/or approved sick leave due to an extended illness as defined in Article 3, Definitions, approved injury leave or approved paid military leave for his/her full scheduled workday immediately preceding the holiday and for his/her first full scheduled workday following the celebration of the holiday. 25  To be eligible for holiday pay, employees working under the three (3) platoon system must be in full-time status as defined in Article 3, Definitions. Further, employees working under the three (3) platoon system must have worked, been on vacation, compensatory time off, Kelly day, approved sick leave granted for the illness of a member of the immediate family living in the employee’s household, and/or death in the immediate family, and/or approved sick leave due to an extended illness as defined in Article 3, Definitions, approved injury leave, or approved paid military leave the full calendar day before the holiday, the full calendar day of the holiday, or the full calendar day after the holiday. Employees not eligible for holiday pay will have their holiday pay banks reduced by eight (8) hours for each holiday for which they are ineligible. Section 13.4. Overtime and Holiday Payment. (A) When an employee is compensated for overtime worked and for work on a holiday at the time of separation, such time shall be computed at the rate of pay in effect for said employee at the time of separation. (B) An employee who experiences a break in continuous service, and who has unused compensatory time to his/her credit, shall be paid for such accrued compensatory time, less applicable withholding and amounts owed by the employee to the City. Such payment shall be paid at the employee's hourly rate of pay in effect at the time of separation. (C) When an employee dies while in paid status, any unused compensatory time to his/her credit shall be paid at the employee's hourly rate of pay in effect at the time of death in a lump sum less applicable withholding and amounts owed by the employee to the City, to the surviving spouse. In the event the employee has no surviving spouse, said balance shall be paid to the estate of the deceased. Section 13.5. Holiday Credit Non-Eligibility. No holiday credit shall be earned by an employee working an average forty (40) hour workweek for any pay period in which such employee is off duty and not in paid status for more than eight (8) hours of regularly scheduled work. No holiday credit shall be earned by an employee working under the three (3) platoon system for any pay period in which such employee is off duty and not in paid status for more than twenty-four (24) hours of regularly scheduled work, except that when an employee is required to report for work and does so report and is denied work because of circumstances beyond his/her control, absence from work for the balance of that day shall not be counted as unpaid work status. Section 13.6. No Pyramiding. Compensation shall not be paid (nor compensatory time taken) more than once for the same hours under any provision of this Article or Contract. 26  ARTICLE 14 - WORKING OUT OF CLASS Section 14.1. Working Out of Class Eligibility. (A) An employee in pay range 1F may be assigned to take the place of an employee in pay range 2F, or 3F as provided in 14.2(C), and said employee in pay range 1F shall be paid at a pay range 2F for all time worked in the higher classification. (B) An employee in 2F shall only be assigned to take the place of an employee in pay range 3F, and said employee in pay range 2F shall be paid at the pay rate for the higher classification in pay range 3F for all time worked in the higher pay range. An employee in pay range 2F shall have priority in the station over an employee in pay range 1F for assignment to take the place of an employee in pay range 3F. (C) An employee in 3F shall only be assigned to take the place of an employee in pay range 4F, and said employee in pay range 3F shall be paid at the pay rate for the higher classification in pay range 4F for all time worked in the higher pay range. (D) An employee in 4F shall only be assigned to take the place of an employee in pay range 5F or any non-bargaining unit position, and said employee in pay range 4F shall be paid at the pay rate for the higher classification in pay range 5F or other higher applicable pay for all time worked in the higher pay range. (E) An employee working out of class will not be paid at a rate higher than the E Step of the next higher rank. (F) Anyone working out of class must have a valid EMT-B card and possess journeyman status. All employees working out of class in an EMS Supervisor's position must be an EMT-P and must have passed the Supervisor's test. The City will determine whether there will be EMS Supervisor's positions and, if so, the number of Lieutenants and/or Captains assigned to such positions. Section 14.2. Working Out of Class Selection The selection of an acting officer within his/her assigned bureau between the hours of 0800 and 2000 shall be in the following order of priority, provided the selected employee shall be on regular duty at the time the out-of-class work occurs. (Interpretive Code: 14.2(A) applies to all vacancies in the ranks of Lieutenant, Captain, Battalion Chief, and Deputy Chief) (A) If the need for an out-of-class assignment is known when manpower is being worked the workday prior to such need, a preference shall be given 27  to Unit employees on the promotional eligible list for the rank in question who will be working the next workday as follows. Those employees who are among the five (5) highest ranking firefighters on the Fire Lieutenant promotion eligible list, the three (3) highest ranking lieutenants on the fire Captain promotion eligible list, the highest ranking Captain on the Battalion Chief promotion eligible list, and the highest ranking Battalion Chief on the Deputy Chief promotion eligible list shall be given priority to work out-of- class to fill vacancies in their Unit for the Lieutenant, Captain, Battalion Chief, and Deputy Chief ranks, respectively. (Interpretative Code: 14.2(B) applies only to vacancies in Captain and Battalion Chief ranks) (B) If the need for an out-of-class assignment is not known until the day of the need (or if all those with preferences under paragraph (A) above have already been assigned out-of-class), employees within the battalion where the need exists and holding the rank immediately below the rank in which the need exists shall be utilized on a rotational basis to fill the out-of-class need. (Interpretative Code: 14.2(C) applies only to vacancies in the Captain rank) (C) In the absence of an officer in a work location, a Firefighter may be assigned to work out-of-class as a Captain between the hours of 0800 and 2000. Such assignment shall not exceed four (4) hours in length and such Firefighter shall be paid as provided in 14.1(A). (Interpretative Code: 14.2(D) applies only when 14.2(A) does not apply) (D) Where a vacancy in pay range 2F is not filled under 14.2(A) or out of class is not known until the day the need exists, employees in pay range 1F utilized in pay range 2F shall be used in the work location in which they are assigned in the following order of priority: (1) Any employee in pay range 1F who has taken and passed the most recent promotional examination. (2) If no employee in (1) is available, then an employee in pay range 1F with a minimum of five (5) years service, journeyman status, and a valid EMT-B card shall be utilized in rotation. (3) If no employee in (1) or (2) is available, then an employee in pay range 1F with journeyman status and EMT-B shall be utilized in rotation. (E) If an employee demonstrates that he/she has not been offered his/her share of working out-of-class opportunities under any provision of this Article, the employee shall be given first preference for working out-of-classification assignments in the future until the imbalance is corrected. 28 Section 14.3. Proficiency. Supervisors will assure themselves that employees to be utilized as acting officers are proficient in all areas to perform the duties. An employee who will not be utilized as an acting officer shall be notified in writing of the deficiencies in his/her skills, abilities, or work performance. Employees will be afforded a Performance Improvement Plan (PIP) upon request. Section 14.4. Non-Utilization. An employee may elect not to be utilized as an acting officer. This request must be put in writing by the employee on the appropriate division form and submitted to the Fire Chief. ARTICLE 16 - SERVICE CREDIT AND PROFESSIONAL TIME Section 16.1. Payment Computation. (A) The service credit year shall commence with the beginning date of the 26th pay period of each payroll year and shall end as of the last day of the 25th pay period of the following payroll year. (B) Payment is based upon total years of City service credit computed as of the closing date of the 25th pay period of each payroll year. 29  (C) Payment for service credit shall be made prior to December 31 of each calendar year. (D) Upon termination for any reason, employees of the Division of Fire who are eligible for service credit pay (or in the event of death, the surviving spouse or estate) will be paid as part of their terminal pay, the final partial year service credit on a pro-rated basis, less applicable withholding and any amounts owed by the employee to the City. (E) Service credit payments shall be paid as outlined below: YEAR AMOUNT 6 $1,210 7 $1,220 8 $1,230 9 $1,240 10 $1,250 11 $1,260 12 $1,270 13 $1,280 14 $1,290 15 $1,305 16 $1,320 17 $1,335 18 $1,350 19 $1,365 20 $1,380 21 $1,400 22 $1,420 23 $1,440 24 $1,450 25 $1,480 26 $1,505 27 $1,530 28 $1,555 29 $1,580 30 $1,610 31 $1,640 32 $1,670 33 or More $1,700 Section 16.2. Professional Time. Each January all Deputy Chiefs shall receive forty (40) hours of professional time. Professional time may be taken in increments of one (1) hour or more and must be approved by the Appointing Authority. Any unused professional time to an employee’s credit at the close of business on the last day of the first pay period that ends in the month of January shall be paid to the employee at the employee’s forty (40) hour hourly rate in effect at that time. The City Auditor shall make payment within a reasonable period following said pay period. 30 Upon termination for any reason, employees will be paid as part of their terminal pay for all unused professional time hours at the employee’s forty (40) hour hourly rate in effect at the time of separation. In the event of death, payment will be made to the surviving spouse or estate, if there is no surviving spouse. 31  ARTICLE 19 - MAINTENANCE ALLOWANCE AND TURNOUT GEAR Section 19.1. Initial Uniform Allowance. The City will purchase required clothing and equipment for all employees of the Division of Fire. The quality of the items purchased is to be satisfactory to the Union's Safety Committee. The clothing and equipment purchased will be as approved by the Director of Public Safety based on the recommendation of the Joint Clothing Committee and as specified in the Division’s Systems Manual. Section 19.2. Uniform Replacement. The City shall replace clothing and equipment as needed. Employees may receive replacement items commensurate with changes in rank. Section 19.3. Required Uniforms. Navy blue t-shirt, navy blue crew neck sweatshirt, or navy blue golf shirt with Division logo or IAFF logo (name and rank on right breast optional) may be worn between 2000-0800, and also between 0800-2000 with the permission of the Deputy Chief during unusual duty circumstances. Section 19.4. Turnout Gear. The City will purchase required turnout gear for all employees of the Columbus Fire Division. Turnout gear will be repaired or replaced as required. Upon termination, all items provided under this Section 19.4 shall be returned to the City. Any turnout gear purchased must comply with any applicable independent national safety standards. In selecting turnout gear to be purchased, the Fire Division will first seek input and information from the Union’s Safety Committee. If, following this process, the Union is not satisfied with the turnout gear recommended for purchase by the Fire Division, the Union will present its concerns and its preferences to the Director of Public Safety. Thereafter, if the Union is not satisfied with the decision of the Director of Public Safety, it may initiate a grievance(s) and process the dispute to arbitration, which shall be expedited as much as possible, and the City will not proceed to implement its decision while such grievance/arbitration process is pending. Throughout this process, from the initial Fire Division review and investigation through arbitration, if arbitration is necessary, the objective shall be to provide safe turnout gear, and safety first shall be the standard, provided that the Arbitrator shall also be entitled to consider other factors that he deems relevant including but not limited to overall quality, cost, comfort, etc. Section 19.5. Maintenance Allowance. (A) In the first regular check following the first pay period of each year, an employee who customarily wears a uniform while working shall receive a maintenance allowance of $1,175.00 each calendar year, except that recruits who have not completed twelve (12) months employment by a given January 1st shall be paid a pro-rated uniform maintenance allowance. 43  (B) In the first regular check following the first pay period of each year, any employee who is regularly required by the Fire Chief to wear plainclothes while working shall receive a plainclothes maintenance allowance of $1,725.00. (C) In determining who is eligible to receive the allowance in (A) or (B) above, the amount shall be decided by what assignment the employee is in as of January 1 of each year. Section 19.6. Washers and Dryers. The City shall provide, install, and maintain one commercial washer and one commercial dryer in each Fire Station that is renovated and each new station that is built. The City retains the discretion to determine which commercial washer/dryer models will be installed. Section 19.7. Retention of Badge, Helmet & Weapon Upon Retirement. An employee who retires in good standing from active duty shall retain his/her Fire Division Badge and Helmet upon the employee’s request. An employee who dies prior to retirement, upon request by the employee's spouse, shall retain his/her Fire Division Badge and Helmet. An employee assigned to the Fire and Explosive Investigation Unit who retires in good standing from active duty may purchase his/her weapon and badge upon retirement. The cost of the service weapon shall be $1.00. An employee, who retires, is reinstated and retires a second time, shall not be eligible to purchase his/her service weapon. If an employee is marked-off for a stress-related or psychological condition at the time of his/her retirement, he/she will not receive his/her service weapon. In the event that an employee is not in good standing when they retire due to a pending administrative investigation, the employee’s weapon will not be released. Section 19.8. Security The Fire Chief will consult with the Union president prior to providing a Division of Fire uniform to any person not an employee of the Division of Fire. The Director of Public Safety will resolve any disagreement. The decision of the Director of Public Safety will not be subject to grievance. ARTICLE 20 - VACATION LEAVE Section 20.1. Vacation Leave. The vacation year for employees shall end at the close of business on the last day of the last pay period that ends in the month of February. (A) Forty (40) Hour Employees. (1) Conditions for Accrual of Vacation Leave for Forty (40) Hour Employees. Each employee working an average forty (40) hour workweek, shall accrue vacation leave by pay period based on years 44  of continuous service as established in the schedule below. To determine the appropriate accrual rate, the higher rate of accrual will begin on the first day of the pay period in which a year of continuous service is completed. Accrual per pay period based on completed years of service for the ranks of Firefighter, Lieutenant, Captain, and Battalion Chief: LENGTH OF VACATION HOURS CONTINUOUS SERVICE PER PAY PERIOD Less than 3 years 3.077 3 years but less than 6 4.616 6 years but less than 14 6.769 14 years but less than 20 7.692 20 or more years 8.616 Accrual per pay period based on completed years of service for rank of Deputy Chief: LENGTH OF VACATION HOURS CONTINUOUS SERVICE PER PAY PERIOD 6 years but less than 14 8.307 14 years but less than 20 9.230 20 or more years 10.154 (2) Maximum Accrual of Vacation for Forty (40) Hour Employees. Any vacation balance for forty (40) hour employees in excess of the maximum number of hours established in this paragraph shall become void as of the last day of the vacation year for employees governed by the provisions of this section, except as provided in Section 20.2(A). The maximum number of vacation hours that may be accrued based on years of continuous service as of the end of a vacation year are as follows: Accrual based on completed years of service for the ranks of Firefighter, Lieutenant, Captain, and Battalion Chief: LENGTH OF MAXIMUM ACCRUAL CONTINUOUS SERVICE OF VACATION HOURS Less than 3 years 240 hours 3 years but less than 6 384 hours 6 years but less than 14 552 hours 14 years but less than 20 624 hours 20 or more years 696 hours 45  Accrual based on completed years of service for the rank of Deputy Chief: LENGTH OF MAXIMUM ACCRUAL CONTINUOUS SERVICE OF VACATION HOURS 6 years but less than 14 672 hours 14 years but less than 20 744 hours 20 or more years 816 hours (B) Three (3) Platoon Employees. (1) Conditions for Accrual of Vacation Leave for Three (3) Platoon Employees. Each employee working under the three (3)-platoon system shall accrue vacation leave by pay period based on years of continuous service as established in the schedule below. To determine the appropriate accrual rate, the higher rate of accrual will begin on the first day of the pay period in which a year of continuous service is completed. Accrual based on completed years of service for the ranks of Firefighter, Lieutenant, Captain, and Battalion Chief: LENGTH OF VACATION HOURS CONTINUOUS SERVICE PER PAY PERIOD Less than 3 years 3.692 3 years but less than 6 5.538 6 years but less than 14 7.385 14 years but less than 20 8.308 20 or more years 10.154 Accrual per pay period based on completed years of service for rank of Deputy Chief: LENGTH OF VACATION HOURS CONTINUOUS SERVICE PER PAY PERIOD 6 years but less than 14 8.923 14 years but less than 20 9.846 20 or more years 11.692 (2) Maximum Accrual of Vacation for Three (3) Platoon Employees. Any vacation balance for employees working under the three (3) platoon system in excess of the maximum number of hours established in this paragraph shall become void as of the last day of the vacation year for employees governed by the provisions of this Article, except as provided in Section 20.2(A). 46  The maximum number of vacation hours that may be accrued based on the years of continuous service as of the end of a vacation year are as follows: Accrual based on completed years of service for the ranks of Firefighter, Lieutenant, Captain, and Battalion Chief: LENGTH OF MAXIMUM ACCRUAL CONTINUOUS SERVICE OF VACATION HOURS Less than 3 years 288 hours 3 years but less than 6 504 hours 6 years but less than 14 648 hours 14 years but less than 20 720 hours 20 or more years 864 hours Accrual based on completed years of service for the rank of Deputy Chief: LENGTH OF MAXIMUM ACCRUAL CONTINUOUS SERVICE OF VACATION HOURS 6 years but less than 14 768 hours 14 years but less than 20 840 hours 20 or more years 984 hours Each bargaining unit employee hired by the City prior to July 5, 1987 who had prior service with the State of Ohio or any political subdivision thereof shall have such prior service recognized as provided in the settlement of Local Union No. 67, I.A.F.F. v. City of Columbus, Case No. 90 CVH-04- 2474 (Franklin County Court of Common Pleas), the terms of which will be followed. An employee hired by the City on or after July 5, 1987 in lieu of any application of Section 9.44 of the Ohio Revised Code, is entitled to have only prior full-time service with the City of Columbus and service since last date of hire counted as service for the purpose of computing the amount of vacation leave due under this Article. Section 20.2. Other Vacation Leave Provisions. (A) At the end of February of each calendar year, employees shall be paid for any vacation balances in excess of the maximums fixed by this Article, upon certification by the Appointing Authority to the City Auditor and the approval by City Council that due to unusual circumstances, it is not in the best interests of the City to permit an employee to take vacation leave which would otherwise be forfeited as provided in Section 20.1(A)(2) and Section 20.1(B)(2). (B) No vacation credit shall be earned by an employee working an average forty (40) hour workweek for any pay period in which such employee is off duty 47  and not in paid status, or receiving worker’s compensation temporary total benefits for more than eight (8) hours of regularly scheduled work; and no vacation credit shall be earned by an employee working under the three (3) platoon system for any pay period in which such employee is off duty and not in paid status, or receiving worker’s compensation temporary total benefits for more than twenty-four (24) hours of regularly scheduled work, except that when an employee is required to report for work and does so report and is denied work because of circumstances beyond his/her control, absence from work for the balance of that day shall not be construed as unpaid work status. (C) An employee who experiences a break in continuous service as a result of discharge, resignation, retirement, or layoff and who has unused vacation leave to his/her credit, shall be paid in a lump sum for such unused vacation leave in lieu of granting such employee a vacation leave after the last day of active service with the City. Such payment shall be paid at the employee's hourly rate of pay at time of separation. Such payment shall not exceed the maximum accrual of vacation hours in Section 20.1(A)(2) and Section 20.1(B)(2). (D) When an employee dies while in paid status, any unused vacation leave to his/her credit shall be paid in a lump sum to the surviving spouse, or to the estate of the deceased. Such payment shall be at the employee's hourly rate of pay at time of death. (E) No employee shall receive or be paid for a vacation until after such employee has worked thirteen (13) pay periods for which the employee has earned vacation credit; except that, when an employee dies while in paid status prior to completing thirteen (13) pay periods of service, the provisions of Section 20.2(D) shall apply. (F) Vacation leave may be taken in increments of one (1) hour with a four (4) hour minimum at the request of the employee with the approval of the Appointing Authority. This provision shall be implemented subject to applicable rules and regulations of the Fire Chief. Section 20.3. Scheduling of Vacations. (A) For purposes of scheduling, the vacation year shall extend from March 1 of the current year until March 1 of the following year. Requests for vacation must be received by ES1 by February 1. Requests will be filled on the basis of seniority within the unit. All vacation requests up to a maximum of twenty- three (23) uniformed employees per day per unit will be permitted when the staffing level within the uniformed ranks is between 785 and 810, exclusive of recruits prior to their graduation. Whenever manpower level increases beyond 810 firefighters, one (1)