2022-2024 Agreement Whitehall & IAFF Local 1729 PDF

2022-2024 Agreement Between City of Whitehall and IAFF Local 1729 AGREEMENT BY AND BETWEEN THE CITY OF WHITEHALL AND IAFF Local 1729 January 1, 2022 through December 31, 2024 2022-2024 Agreement Between City of Whitehall and IAFF Local 1729 TABLE OF CONTENTS Page ARTICLE 1. SCOPE ...............

2022-2024 Agreement Between City of Whitehall and IAFF Local 1729 AGREEMENT BY AND BETWEEN THE CITY OF WHITEHALL AND IAFF Local 1729 January 1, 2022 through December 31, 2024 2022-2024 Agreement Between City of Whitehall and IAFF Local 1729 TABLE OF CONTENTS Page ARTICLE 1. SCOPE ................................................................................................................... 1 Section 1.1. Agreement. .................................................................................................................. 1 Section 1.2. Purpose........................................................................................................................ 1 Section 1.3. Legal References. ........................................................................................................ 1 Section 1.4. Severability. ................................................................................................................ 1 Section 1.5. Renewal/Modification................................................................................................. 2 Section 1.6. Enforceability of Agreement....................................................................................... 2 ARTICLE 2. RECOGNITION ................................................................................................... 2 Section 2.1. Recognition. ................................................................................................................ 2 Section 2.2. Decertification............................................................................................................. 2 ARTICLE 3. UNION SECURITY ............................................................................................. 3 Section 3.1. Dues Deduction........................................................................................................... 3 Section 3.2. Fair Share Fee ............................................................................................................. 3 Section 3.3. Bulletin Boards ........................................................................................................... 3 Section 3.4. Ballot Boxes. ............................................................................................................... 4 Section 3.5. Bargaining Unit Meetings. .......................................................................................... 4 Section 3.6. Use of Intra-Department Mails and E-mail. ............................................................... 4 Section 3.7. Union Business. .......................................................................................................... 4 Section 3.8. IAFF Delegates. .......................................................................................................... 5 Section 3.9. IAFF Representative. .................................................................................................. 5 ARTICLE 4. NONDISCRIMINATION .................................................................................... 5 Section 4.1. Joint Pledge. ................................................................................................................ 5 Section 4.2. City Pledge. ................................................................................................................. 5 Section 4.3. Union Pledge............................................................................................................... 5 Section 4.4. Gender. ........................................................................................................................ 5 Section 4.5. Grievances................................................................................................................... 5 ARTICLE 5. GRIEVANCE PROCEDURE .................................................... 5 Section 5.1. Grievance Defined. ..................................................................................................... 5 Section 5.2. Qualifications. ............................................................................................................. 6 Section 5.3. Jurisdiction .................................................................................................................. 6 Section 5.4. Time Limits................................................................................................................. 6 Section 5.5. Grievance Procedure. .................................................................................................. 7 Section 5.6. Time Off for Presenting Grievances. .......................................................................... 9 Section 5.7. Representatives in Meetings ....................................................................................... 9 Section 5.8. Grievance Forms. ........................................................................................................ 9 Section 5.9. Calendar Days. .......................................................................................................... 10 Section 5.10. Grievance Chairman. .............................................................................................. 10 i 2022-2024 Agreement Between City of Whitehall and IAFF Local 1729 ARTICLE 6. NEGOTIATIONS ............................................................................................... 10 Section 6.1. Committees. .............................................................................................................. 10 Section 6.2. Good Faith Bargaining.............................................................................................. 10 Section 6.3. Information Furnished. ............................................................................................. 11 Section 6.4. Private Meetings. ...................................................................................................... 11 Section 6.5. Spokesman. ............................................................................................................... 11 Section 6.6. Informal Minutes. ..................................................................................................... 11 Section 6.7. Caucus and Adjournment.......................................................................................... 11 Section 6.8. Negotiations Committee. .......................................................................................... 11 Section 6.9. Ratification by Council and the Union. .................................................................... 11 ARTICLE 7. DISPUTE RESOLUTION ................................................................................. 12 Section 7.1. Dispute Resolution Procedures. ................................................................................ 12 ARTICLE 8. MANAGEMENT RIGHTS ............................................................................... 12 Section 8.1. Management Rights and Responsibilities. ................................................................ 12 Section 8.2. Matters Not Subject to Bargaining and/or Grievance. .............................................. 12 ARTICLE 9. CORRECTIVE ACTION AND RECORDS .................................................... 13 Section 9.1. Corrective Action for Cause. .................................................................................... 13 Section 9.2. Progressive Corrective Action. ................................................................................. 13 Section 9.3. Actions of Record. .................................................................................................... 13 Section 9.4. Departmental Hearings. ............................................................................................ 14 Section 9.5. Disciplinary Appeals. ................................................................................................ 14 Section 9.6. Duration of Records. ................................................................................................. 15 Section 9.7. Review of Personnel Files. ...................................................................................... 15 Section 9.8. Inaccurate Documents. .............................................................................................. 16 Section 9.9. Performance Evaluations. ......................................................................................... 16 Section 9.10. Placement of Material in Personnel File. ................................................................ 16 ARTICLE 10. WORK RULES AND DIRECTIVES ............................................................. 17 Section 10.1. Work Rules. ............................................................................................................ 17 Section 10.2. Internal Review Procedures and Member Assistance Program. ............................. 17 ARTICLE 11. LABOR RELATIONS AND SAFETY MEETINGS .................................... 17 Section 11.1. Labor Relations and Safety Meetings. .................................................................... 17 ARTICLE 12. WORK ENVIRONMENT STANDARDS ...................................................... 18 Section 12.1. Safe Equipment. ...................................................................................................... 18 Section 12.2. 1500 Standards. ....................................................................................................... 18 Section 12.3. Manpower. .............................................................................................................. 18 Section 12.4. Training. .................................................................................................................. 19 Section 12.5. Annual Physicals..................................................................................................... 19 Section 12.6. Crew Transfers. ....................................................................................................... 19 ARTICLE 13. POLITICAL ACTIVITY ................................................................................. 20 ii 2022-2024 Agreement Between City of Whitehall and IAFF Local 1729 Section 13.1. Permitted Political Activity..................................................................................... 20 ARTICLE 14. LAYOFFS/JOB ABOLISHMENT ................................................................. 20 Section 14.1. Layoffs. ................................................................................................................... 20 Section 14.2. Job Abolishment. .................................................................................................... 20 Section 14.3. Reason for Action. .................................................................................................. 20 Section 14.4. Notice of Action...................................................................................................... 21 Section 14.5. Reinstatement.......................................................................................................... 21 ARTICLE 15. WAGES ............................................................................................................. 21 Section 15.1. Pay Plan. ................................................................................................................. 21 Section 15.2. Pay Plan Administration. ........................................................................................ 22 Section 15.3. Application of Pay Rates. ....................................................................................... 23 Section 15.4. Pay Period. .............................................................................................................. 23 Section 15.5. Lateral Hire Pay Scale. ........................................................................................... 23 ARTICLE 16. BENEFITS......................................................................................................... 23 Section 16.1. Deferred Compensation. ......................................................................................... 23 Section 16.2. Tuition Reimbursement. ......................................................................................... 23 Section 16.3. Pension Pick-up. ..................................................................................................... 25 Section 16.4. Service Credit Pay................................................................................................... 25 Section 16.5. Administration of Revised Annual Service Credit Pay Plan. ................................. 25 Section 16.6. Educational Stipend. ............................................................................................... 25 ARTICLE 17. HOURS OF WORK AND OVERTIME......................................................... 26 Section 17.1. Work Schedule. ....................................................................................................... 26 Section 17.2. Paid Status............................................................................................................... 26 Section 17.3. Overtime. ................................................................................................................ 26 ARTICLE 18. RATES OF PAY FOLLOWING CERTAIN PERSONNEL ACTIONS .... 27 Section 18.1. Return to Duty......................................................................................................... 27 Section 18.2. Return from Military Service. ................................................................................. 27 Section 18.3. Demotion................................................................................................................. 27 Section 18.4. Recall from Layoff. ................................................................................................. 28 Section 18.5. Reinstatement from Authorized Leave. .................................................................. 28 Section 18.6. Overtime Eligibility and Pay .................................................................................. 28 ARTICLE 19. HOLIDAYS ....................................................................................................... 29 Section 19.1. Holidays, Generally. ............................................................................................... 29 Section 19.2. Special Holidays. .................................................................................................... 30 Section 19.3. Personal Leave Hours. ............................................................................................ 30 Section 19.4. Holiday Leave. ........................................................................................................ 31 Section 19.5. Holiday Pay............................................................................................................. 31 ARTICLE 20. VACATION LEAVE ........................................................................................ 31 Section 20.1. Eligibility. ............................................................................................................... 31 iii 2022-2024 Agreement Between City of Whitehall and IAFF Local 1729 Section 20.2. Conditions for Use. ................................................................................................. 32 Section 20.3. Vacation Payout. ..................................................................................................... 33 Section 20.4. Carry-Over. ............................................................................................................. 33 Section 20.5. Lateral Hire Vacation. ............................................................................................. 33 ARTICLE 21. SICK LEAVE .................................................................................................... 33 Section 21.1. Accrual. ................................................................................................................... 33 Section 21.2. Use of Sick Leave. .................................................................................................. 34 Section 21.3. Verification. ............................................................................................................ 36 Section 21.4. Conditions for Use. ................................................................................................. 36 Section 21.5. Immediate Family. .................................................................................................. 36 Section 21.6. Sick Leave Conversion. ......................................................................................... 36 ARTICLE 22. INJURY LEAVE WITH PAY ......................................................................... 37 Section 22.1. Injury Leave. ........................................................................................................... 37 Section 22.2. Injury Leave Extension. .......................................................................................... 37 Section 22.3. Use of Other Paid Leave. ........................................................................................ 37 Section 22.4. Application.............................................................................................................. 37 Section 22.5. Transitional/Light Duty .......................................................................................... 38 ARTICLE 23. SPECIAL LEAVES .......................................................................................... 38 Section 23.1. Funeral Leave.......................................................................................................... 38 Section 23.2. Military Leave. ........................................................................................................ 39 Section 23.3. Civic Duty Leave. ................................................................................................... 39 Section 23.4. Unpaid Leave of Absence. ...................................................................................... 39 Section 23.5. Emergency Leave.................................................................................................... 39 ARTICLE 24. INSURANCE..................................................................................................... 39 Section 24.1. Employee Insurance. .............................................................................................. 39 Section 24.2. Changes to Insurance Plans. .................................................................................. 40 Section 24.3. Insurance Discussion in Labor Relations............................................................... 40 Section 24.4. Life Insurance. ....................................................................................................... 40 Section 24.5. EMT/P/A. Professional Liability Insurance. ......................................................... 40 Section 24.6. Premium Share. ...................................................................................................... 40 ARTICLE 25. UNIFORMS....................................................................................................... 40 Section 25.1. Uniforms ................................................................................................................. 40 ARTICLE 26. DRUG-FREE WORKPLACE POLICY ........................................................ 41 Section 26.1................................................................................................................................... 41 Section 26.2................................................................................................................................... 41 Section 26.3................................................................................................................................... 42 ARTICLE 27. PROMOTIONS................................................................................................. 42 Section 27.1. Promotions. ............................................................................................................. 42 Section 27.2. Examinations........................................................................................................... 42 iv 2022-2024 Agreement Between City of Whitehall and IAFF Local 1729 Section 27.3. Notice of Examinations.......................................................................................... 42 Section 27.4. Examinations, Subjects, and Weights. .................................................................... 42 Section 27.5. Seniority Credit. ...................................................................................................... 42 Section 27.6. Promotional Appointment....................................................................................... 42 Section 27.7. Eligibility Lists........................................................................................................ 43 ARTICLE 28. MISCELLANEOUS PROVISIONS ............................................................... 43 Section 28.1. Outside Contracting Understanding. ....................................................................... 43 Section 28.2. Effective Dates, Duration........................................................................................ 43 Section 28.3. Signatures................................................................................................................ 44 v 2022-2024 Agreement Between City of Whitehall and IAFF Local 1729 ARTICLE 1. SCOPE Section 1.1. Agreement. This agreement is made, and entered into on the date last written, by and between the City of Whitehall, Ohio, (hereinafter referred to as the “City”), and the International Association of Firefighters, Local 1729, hereinafter referred to as the “Union”, as the bargaining representative of the Bargaining Unit employees. Section 1.2. Purpose. This Agreement is made for the purpose of promoting cooperation and orderly, constructive and harmonious relations between the City, Bargaining Unit employees (hereinafter referred to as “employees”), and the Union. Section 1.3. Legal References. (A) Unless otherwise indicated, the terms used in this Agreement shall be interpreted in accordance with the provisions of Chapter 4117 of the Ohio Revised Code. Where this Agreement makes no specification about a matter, the City, employees and the Union are subject to all applicable state laws or local ordinances pertaining to the wages, hours, and terms and conditions of employment for public employees. (B) Laws pertaining to civil rights, affirmative action, unemployment compensation, workers compensation and retirement of employees are not superseded by this Agreement, except where supplemental workers compensation or supplemental unemployment have been negotiated and included herein. (C) The conducting and grading of civil service examinations, the rating of candidates, the establishment of eligibility lists from the examinations and appointments from the eligibility lists are not subjects of bargaining under this Agreement. Section 1.4. Severability. (A) Should any part of this Agreement be held invalid by operation of law or by any tribunal of competent jurisdiction, or should compliance with or enforcement of any part of this Agreement be restrained by any such tribunal pending a final determination as to its validity, such invalidation or temporary restraint shall not invalidate or affect the remaining portions hereof or the application of such portions to persons or circumstances other than those to whom or to which it has been held invalid or has been restrained. (B) In the event of invalidation of any portion of this Agreement by a tribunal of competent jurisdiction or by operation of law, and upon written request by either party, the parties to this Agreement shall meet within thirty (30) days of receipt of a written request from either party to the other, in an attempt to modify the invalidated provisions by good faith negotiations. (C) Should this contract be in conflict with the American Disabilities Act or similarly mandated federal statutory law and/or the regulations enacted thereunder the parties 1 2022-2024 Agreement Between City of Whitehall and IAFF Local 1729 shall meet to negotiate such changes as are necessary to ensure compliance with such act or acts and the regulations promulgated therefor. Section 1.5. Renewal/Modification. If either party desires to modify, amend, or terminate this Agreement, it shall give notice of such intent no earlier than one hundred twenty (120) calendar days prior to the expiration date, nor later than sixty (60) calendar days prior to the expiration date of this Agreement. Such notice shall be tendered by certified mail with return receipt requested. The parties shall commence negotiations within two (2) calendar weeks upon receiving notice of intent. The parties may also amend this Agreement at any other time, provided, however, that such amendment is in writing and by their mutual consent and agreement. Section 1.6. Enforceability of Agreement. The City and the Union mutually assert and believe that the provisions of the Agreement are enforceable in a court of law. The City believes that the provisions contained herein do not represent any illegal delegation of administrative or legislative authority or power. ARTICLE 2. RECOGNITION Section 2.1. Recognition. (A) The City recognizes the International Association of Firefighters Local 1729, as the sole and exclusive bargaining agent of the employees of the Bargaining Unit for the purposes of collective bargaining in any and all matters relating to wages, hours, terms and conditions of employment for all employees within the Bargaining Unit. (B) There is hereby established one (1) Bargaining Unit which shall include all sworn firefighters and officers, below the rank of Chief, and excluding one Assistant Chief, employed by the City. Section 2.2. Decertification. (A) In the event a rival employee organization attempts to secure exclusive Bargaining Unit representative status with respect to the Bargaining Unit, said organization must comply with the provisions of Section 4117.07 (C) (6) of the Revised Code, which requires that during a thirty (30) day period between one hundred twenty (120) and ninety (90) days before the expiration of this Agreement, or after the expiration date of this Agreement, until the City and Union enter into a new Agreement, petitions may be filed with the State Employment Relations Board for the conducting of an election to determine the Bargaining Agent for the Bargaining Unit. (B) The decision of whether or not an election is to be conducted is reserved to the State Employment Relations Board. 2 2022-2024 Agreement Between City of Whitehall and IAFF Local 1729 ARTICLE 3. UNION SECURITY Section 3.1. Dues Deduction. (A) Pursuant to Section 4117.09 (B) of the Revised Code, the City agrees to deduct Union membership dues in the amount certified by the Union to the City, from each pay period of each month from the pay of any Union member requesting the same in writing. The City also agrees to deduct Union initiation fees and assessments, in the amount certified by the Union to the City, from each pay period of each month, in which such fees and assessments are due, from the pay of any appropriate Union member. (B) If a deduction is desired, the Union member shall sign a payroll deduction form, which shall be furnished by the Union and presented to the Auditor of the City of Whitehall. The City agrees to furnish to the Financial Secretary of the Union, once each calendar month, a warrant in the aggregate amount of the deductions made for that calendar month, together with a listing of the Union members for whom deductions were made. Nothing herein shall prohibit Union members covered by this Agreement from submitting dues directly to the Union. (C) The City shall provide the Union with additional payroll deductions for the purpose of the Union provided additional employee benefits, providing the City’s payroll accounting system possesses sufficient capacity and capability for additional deductions. (D) No other employee organization’s dues shall be deducted from any employee’s pay for the duration of this Agreement. (E) The parties agree that the City assumes no obligation, financial or otherwise, arising out of the provisions of the Contract regarding the deduction of Union dues. The Union hereby agrees that it will indemnify and hold the City harmless from any and all claims, demands, suits, actions, or proceedings that may or shall arise out of or by reason of action taken or not taken by the City in compliance with this Article, including the defense thereof. Section 3.2. Fair Share Fee. As a consequence of the decision in Janus v. AFSCME, Council 31, et al. (decided June 27, 2018), the City and the Union have agreed to remove prior provisions pertaining to the payment of fair share fees by non-members; and, the City and the Union agree that fair share fees may no longer be deducted from non-members’ pay. The City and the Union agree further that, in the event there are changes in the law that permit the collection of fees or other financial support from non-members of the Union through payroll deduction, the City and the Union shall enter into good faith negotiations to address and permit the collection of such fees and/or financial support through payroll deduction. Section 3.3. Bulletin Boards. The union shall be permitted to establish and maintain a Union bulletin board at departmental headquarters. Union bulletins and Union material only shall be 3 2022-2024 Agreement Between City of Whitehall and IAFF Local 1729 permitted to be posted on this board, which shall not be subject to prior approval by the City. Section 3.4. Ballot Boxes. The Union shall be permitted, upon prior notification to the Chief of Fire, to place a ballot box at Department Headquarters for the purpose of collecting employees' ballots on all Union issues subject to ballot. Such box shall be the property of the Union and neither the ballot box nor its contents shall be subject to the Department’s review. Section 3.5. Bargaining Unit Meetings. (A) The Union shall be permitted, upon prior notification to the Chief of Fire, to hold meetings, for the Union members in the Bargaining Unit or for all bargaining Unit employees, at the Fire Headquarters or other City building, room or facility. The notification required under this Section shall be in writing, shall be delivered to the Chief at least forty-eight (48) hours prior to the time of the meeting and shall state the date, time and requested location for the meeting. (B) The City agrees to hold the requested location open for use by the Union on the date and at the time specified in the Union’s notification to the Fire Chief. However, if it is not practicable for the City to provide the requested location to the Union, the City will so notify the Union and make every effort to provide for an alternate meeting location in another City building, room, or facility. (C) No Bargaining Unit employee or member of the Union shall be obligated or asked to divulge to the City any information discussed at said meetings. (D) Bargaining Unit meetings shall not cause interruption to or interfere with the onduty obligations and assigned responsibilities of on-duty Members. For Bargaining Unit meetings where at least forty-eight (48) hours prior written notification has been provided, Administrative personnel shall not interfere with the Bargaining Unit meetings after providing bargaining unit members permission to attend the Union meeting, unless such contact is regarding an emergency or an immediate onduty obligation. Section 3.6. Use of Intra-Department Mails and E-mail. The Union shall be permitted to utilize the intra-departmental mail and e-mail systems for the purpose of providing information to members of the Bargaining Unit pertaining to Union business or Bargaining Unit representation. The Union agrees that the use of the mail and e-mail system will be reasonable and limited to providing information that is necessary for the normal conducting of Union business or Bargaining Unit representation. All mail placed into the mail system by the Union shall be the property of the Bargaining Unit employees to whom it is addressed, and such mail shall not be subject to the City’s review. No confidentiality shall attach to the Union’s use of the e-mail system and the City reserves the right to monitor e-mail content and usage. Section 3.7. Union Business. Representatives of the Union shall be permitted to transact official Union business at departmental work sites at all reasonable times, provided that this shall not interfere with or interrupt normal departmental operations. 4 2022-2024 Agreement Between City of Whitehall and IAFF Local 1729 Section 3.8. IAFF Delegates. Duly elected or selected delegates or alternates to the State or National Conventions of the International Association of Firefighters, and who are in the Bargaining Unit, shall be allowed reasonable time off duty to attend such functions. To the extent any such time is during such delegate’s scheduled working hours, they shall be marked on special assignment, and paid at the rate of straight time, for this purpose. Attendance shall be limited to three (3) members of the Bargaining Unit, regardless of unit assignment. Section 3.9. IAFF Representative. The IAFF representative selected to represent any member at any disciplinary or grievance hearing shall be paid their straight time rate of pay for the time served during those proceedings. Time served for this section shall be defined, as the actual hours required for the presentation of a grievance or representation at a Director hearing. ARTICLE 4. NONDISCRIMINATION Section 4.1. Joint Pledge. The City and the Union shall not discriminate against any employee of the Bargaining Unit on the basis of the employee’s age, race, color, sex, creed, religion, ancestry, national origin, handicap, political affiliation or physical disability as protected by law. Section 4.2. City Pledge. The City agrees not to discriminate against any employee of the Bargaining Unit on the basis of his or her membership or nonmembership in the Union, nor to discriminate, interfere with, restrain or coerce any employee because of or regarding his or her activities as an officer or other representative of the Union. Section 4.3. Union Pledge. The Union, within the terms of its Constitution and By-Laws, and the City agree not to interfere with the desire of any employee of the Bargaining Unit to become and remain a member of the Union. The Union agrees to fairly represent all employees of the Bargaining Unit subject to the provisions and procedures set forth in Sections 4117.11 (B) (6) and 4117.12 of the Revised Code. Section 4.4. Gender. All references in this Agreement to the male gender are for convenience only and shall be construed to be equally applicable to females. Section 4.5. Grievances. Alleged violations of this Article may be submitted as a grievance in accordance with Article 5 of this Agreement. Such grievances may be appealed to Step 3 of the grievance procedure. Grievances alleging a violation of this Article may not be appealed to arbitration unless the grievance also is challenging discipline imposed on an employee. ARTICLE 5. GRIEVANCE PROCEDURE Section 5.1. Grievance Defined. A “grievance” is any unresolved question or dispute arising during the term of this Agreement regarding the wages, hours, terms or conditions of employment of employees, including but not limited to, unresolved questions or disputes concerning the interpretation and application of this Contract, Department regulation or policy. 5 2022-2024 Agreement Between City of Whitehall and IAFF Local 1729 Section 5.2. Qualifications. A grievance may be initiated by either the Union or an aggrieved Bargaining Unit member. Where a group of Bargaining Unit members desire to file a grievance involving a situation affecting each Bargaining Unit member in the same manner, then in that event, one Bargaining Unit member shall be selected by the group, and that selected person shall thereafter process the grievance as the designated representative of the group. Section 5.3. Jurisdiction. Nothing stated within this grievance procedure shall deny a member, group of members, or the Union any rights available at law to achieve redress of any personal legal rights before a forum (court or agency) independent of this Agreement. (A) The Grievance Procedure provided in this Contract shall be the favored method for resolving questions or disputes. Nothing in this Grievance Procedure shall deny Bargaining Unit employees or the Union any rights available at law to achieve redress of their legal rights, including but not limited to, the right to appear before the Civil Service Commission (except where arbitration is requested as provided for by Section (E) of Article 5, or to file charges with the State Employment Relations Board when these agencies properly have jurisdiction over the subject matter. However, once a Bargaining Unit employee or the Union elects to pursue a legal or administrative remedy in lieu of the Grievance Procedure, and a court or administrative tribunal takes jurisdiction over the complaint, dispute or charge, the Bargaining Unit employee or the Union is thereafter precluded from seeking a remedy under this Grievance Procedure. Further, once a grievance is submitted to arbitration under Section (E) of Article 5 of this Contract, then the grievant is precluded from seeking a remedy under an administrative tribunal or court, including but not limited to, the Civil Service Commission. Section 5.4. Time Limits. It is the City’s and the Union’s intention that all time limits in the above Grievance Procedure shall be met. However, to the end of encouraging thoughtful responses at each Step, the Union’s and the City’s designated representatives may mutually agree, at any Step, to short time extensions, but any such agreement must be in writing and signed by the parties. In the absence of such mutual extensions, the grievant may at Step 1 and Step 2, and at Step 3 for non-disciplinary grievances, where a response is not forthcoming within specified time limits, move the grievance to the next Step in the procedure; if a response is not forthcoming within the time limits at Step 3 for a disciplinary grievance, the grievant may presume the grievance to have been granted by the City in full, and the City shall immediately implement the requested remedy. Failure of the grievant to appeal within the specified time limits constitutes a withdrawal of the grievance. Any Step in the Grievance Procedure may be waived by mutual consent. A grievance may be processed through the chain of command whose actions gave rise to the grievance if different than that of the grievant. Union or group grievances shall be initiated at Step 2 within fourteen (14) calendar days after these events or circumstances first became known to the Union or group grievant. (A) For the purpose of computing time, the first day shall be excluded and the last day included. 6 2022-2024 Agreement Between City of Whitehall and IAFF Local 1729 (B) If an office specified for the receipt of a grievance or grievance appeal is closed for an entire day, which day is the last day of the time period prescribed for the filing of a grievance or grievance appeal, then the grievant will be permitted to file the grievance or grievance appeal on the next business day on which the office is open. Section 5.5. Grievance Procedure. It is the mutual desire of the City and the Union to provide for prompt adjustment of grievances, with a minimum amount of interruption or disruption to the work schedules. Every reasonable effort shall be made by the City and the Union to effect the resolution of grievances at the earliest possible step. In furtherance of this objective, the following procedure shall be followed: (A) STEP ONE: Not later than fourteen (14) calendar days after the occurrence of the subject event, a grievance shall be submitted in writing to the Assistant Chief. The Assistant Chief shall state his answer to the aggrieved not later than fourteen (14) calendar days from the date of the submission of the grievance. (B) STEP TWO: Chief. If the answer obtained at Step One is not satisfactory to the employee and/or the Union, the grievance may then be submitted to the Chief of the Division of Fire not later than fourteen (14) calendar days after receipt of the Step One answer. The Fire Division Chief may notify and consult with the Safety Director. Upon receipt of the grievance, the Fire Chief, shall, not later than fourteen (14) calendar days, meet with the employee and /or the President of the Union, or his designated representative, in an attempt to solve the grievance. Not later than fourteen (14) calendar days following such meeting, the Chief shall state his answer in writing to the employee and President of the Union or his designated representative. (C) STEP THREE: Mayor or designee. If the answer obtained at Step Two is not satisfactory to the employee and/or the Union, the grievance may, not later than fourteen (14) calendar days after receipt of the Step Two answer, be submitted to the Mayor of the City of Whitehall. Upon the mutual agreement of the Union and the Mayor, not later than fourteen (14) calendar days following delivery of the grievance to the Mayor, the Mayor shall meet with the employee and the President of the Union or his designated representative in an attempt to solve the grievance. Not later than fourteen (14) calendar days of such a meeting if such a meeting is held, or not later than fourteen (14) calendar days of the submission at Step Three if such a meeting is not held, the Mayor shall state her answer, in writing, to the employee and the President of the Union, or his designated representative. (D) STEP FOUR: Binding Arbitration. (1) If the grievance is resolved in Step Three, implementation will take place as mutually agreed by the parties. If a grievance is not satisfactorily resolved at Step Three, the Union may submit a request, to the Mayor or his designated representative, to arbitrate the grievance not later than fourteen 7 2022-2024 Agreement Between City of Whitehall and IAFF Local 1729 (14) calendar days following the date of the response outlined in Step Three. Failure to request arbitration shall render the grievance withdrawn. (2) Selection of Arbitrator. Not later than fourteen (14) calendar days following the receipt of the Union President’s written notification of the Union’s intention to proceed to arbitration, the Mayor or the Director of Human Resources, either personally or through an appropriate designee, and the Union President or his designee, will consult and attempt to select an impartial arbitrator by mutual agreement. In the event these representatives cannot reach agreement on an arbitrator, by joint letter the parties will request the Federal Mediation Conciliation Services to submit a panel of seven (7) arbitrators from which the City and the Union shall select one by mutual agreement. If an agreement cannot be reached as to one mutually acceptable arbitrator from the panel, an arbitrator will then be selected by the representatives of the parties by alternately striking names and selecting the final remaining name. Either party shall have the option to completely reject the list of names and request another list only once. (3) Authority of Arbitrator. The arbitrator shall conduct a fair and impartial hearing upon the grievance as presented, which shall be limited to hearing testimony and evidence from both parties, unless the parties mutually agree to submit their dispute on written stipulations. The arbitrator shall not have the authority to add to, subtract from, modify, change or alter any provisions of this Agreement. The arbitrator shall expressly confine himself to the precise issue(s) of the grievance as submitted for arbitration and shall, absent mutual agreement of the parties, have no authority to determine any other issue not so submitted to him. The arbitrator shall not issue observations, commentary, or declarations or opinions which are not directly essential in reaching a decision on the issues(s) in question. The arbitrator shall not establish any new or different wage rates not negotiated as part of this contract. In disciplinary cases, the arbitrator shall have the authority to affirm, disaffirm or modify the discipline imposed by lawful authority. (4) (a) The question of arbitrability of a grievance may be raised by either party at any time before the arbitrator hears the merits of the grievance. If a question of arbitrability is raised, the arbitrator may either rule on this issue, or reserve ruling on the same and at any time hear the merits of the grievance before issuing a ruling on the deferred issue of arbitrability. (b) The decision of the arbitrator shall be final and binding upon the Union, their grievant and the City. Arbitration Costs. The costs of any proof produced at the direction of the arbitrator, and the rent, if any, for the hearing room, shall be borne equally 8 2022-2024 Agreement Between City of Whitehall and IAFF Local 1729 by each party. The expenses of any nonemployee witness shall be borne, if at all, by the witness. The fees, which may be due the court reporter shall be paid by the party asking for a verbatim record of the proceeding. In the event that either party shall request that a verbatim transcript be prepared by the official court reporter, then in that event, the full cost of the court reporter’s time and service to prepare the transcript shall be divided equally between the parties. Any affected member in attendance for such hearing shall not lose pay or any benefits to the extent such hearing hours are during his or her normally scheduled working hours on the day of the hearing. All costs directly related to the services of the arbitrator shall be paid by the losing party. (a) (5) If there is a dispute as to who is the losing party, then in that event, the arbitrator shall make such determination. If the arbitrator upholds the position of each party in part, the arbitrator shall allocate which fees shall be borne by each party. Nothing herein precludes the parties’ ability to reach a settlement wherein the arbitrator’s fees are allocated by mutual agreement of the parties. Arbitrator’s Award. The arbitrator’s decision will be in writing and should be mailed to the Union and the City within thirty (30) days from the date the hearing record is closed. Section 5.6. Time Off for Presenting Grievances. A grievant and Grievance Chairman shall be allowed time off from regular duties with pay at the straight time hourly rate for attendance at scheduled meetings under the Grievance Procedure with prior approval of their respective supervisors (time off with pay does not include off-site meetings unless approved by the Fire Chief). Grievance meetings at Step Three shall be held at a time mutually agreeable to the parties involved. The Grievance Chairman or grievant must obtain prior approval from the grievant’s immediate supervisor before conducting meetings with the grievant while on duty. Such approval by the supervisor shall not be unreasonably withheld. The meetings between a grievant and Grievance Chairman shall be held at a fire facility or the Union office. Grievance Chairman shall be allowed adequate time, as approved by the Fire Chief, off the job with pay to conduct a proper investigation of each grievance. Section 5.7. Representatives in Meetings. In each Step of the Grievance Procedure outlined in Section 5.5, certain specific representatives shall be given approval to attend the meetings therein prescribed. It is expected that, in the routine grievance, the grievant and one designated Grievance Chairman will be the only representatives in attendance at such meetings while on duty. However, it is understood by the parties that, in the interest of resolving grievances at the earliest possible Step, it may be beneficial that other representatives, not specifically designated, be in attendance. Therefore, it is intended that either party may bring additional representatives to any meeting in the Grievance Procedure, provided that there shall be advance notice to the other party. Section 5.8. Grievance Forms. The City and the Union shall develop jointly a Grievance Form. Such Forms will be supplied by the Union and made available to all Grievance Representatives. 9 2022-2024 Agreement Between City of Whitehall and IAFF Local 1729 Section 5.9. Calendar Days. For the purpose of counting time days shall mean “calendar days”. Computation of time shall be as provided by Section 5.4 (A) of Article 5. Section 5.10. Grievance Chairman. The Union President shall appoint up to three (3) employees to serve as Grievance Chairs, with written notice to the City. (A) The authorized functions of the Bargaining Unit’s Grievance Chairmen shall include the following: (1) Attendance at any City/Union joint meeting relating to employee relations and/or grievances; (2) Representing the Union in investigating and processing grievances in the Grievance Procedure; (3) Providing general supervision and coordination of grievances in progress; and (4) Acting as liaison between the City and the Union on matters concerning grievances. One Grievance Chairman at a time shall be released from normal duty hours, upon notifying the Chief or Assistant Chief and obtaining consent thereof which shall not be unreasonably withheld if there is no interruption of on-duty obligations or assigned responsibilities, to participate in the aforementioned grievance-related duties without loss of pay or benefits. ARTICLE 6. NEGOTIATIONS Section 6.1. Committees. The Union and the City shall have the right to select their own Negotiations Committee and to change Committee members at will. The Union specifically reserves the right to have the Union President, or his designee, and three (3) other union representatives selected by the Union, serve as members of the Negotiations Committee. Section 6.2. Good Faith Bargaining. The parties are obligated to bargain collectively with one another in a good faith effort to reach agreement. Good faith means that each party: (A) Will deal with the chosen representatives of the other; (B) Will deal with the other honestly and in a bona fide effort to reach agreement; (C) Will meet at reasonable times and places to facilitate negotiations; (D) Will have the necessary authority to make proposals and counter-proposals, to compromise, and to make agreements subject to final ratification; 10 2022-2024 Agreement Between City of Whitehall and IAFF Local 1729 (E) Will not assume positions at the beginning, which it describes as fair and firm, and thereafter not subject to further negotiations; and (F) Such good faith bargaining does not mean that either party is compelled to agree to a proposal nor does it require the making of a concession. Section 6.3. Information Furnished. The parties shall be obligated to provide each other with historical or currently relevant financial and other information, as may be requested, and which the timely receipt is necessary for each party to develop proposals and counter-proposals and to negotiate in good faith. Section 6.4. Private Meetings. The parties agree to negotiate in private meetings pursuant to Section 4117.21 of the Ohio Revised Code. These meetings will be held at least once every week, unless mutually agreed otherwise, during a period beginning not less than sixty (60) days before the expiration of this Agreement. Section 6.5. Spokesman. The Negotiation Committees will formally communicate with each other through a spokesman named by each party unless otherwise agreed to by both parties. Section 6.6. Informal Minutes. Each party may informally keep its own minutes or written records of the negotiations. No official transcript of the negotiations will be maintained. Section 6.7. Caucus and Adjournment. Either party has the right to call a caucus at any time or to adjourn the negotiations session. Section 6.8. Negotiations Committee. Each member shall serve the Negotiations Committee on a full pay status at straight time hourly rate during negotiations of any modification of this Agreement if the employee’s duty hours coincide with the meeting hours. The Union will notify the Department of the names and normal shifts of the Committee members prior to the first scheduled negotiations date. Upon prior notification to their supervisors, employees selected for the Negotiations Committee will be allowed reasonable time off duty, on pay status, to attend work sessions of the Negotiations Committee during the course of negotiations. Section 6.9. Ratification by Council and the Union. If a tentative agreement is reached by the negotiations committees, the tentative agreement shall be submitted to the Union membership for a ratification vote within fourteen (14) days of the date upon which the committees reach agreement. The City shall submit to the City Council a request for approval of funds and for approval of any other matter requiring the approval of the City Council, necessary to implement the agreement reached by the Negotiation Committees within fourteen (14) days of the date upon which the parties execute a written agreement. The City Council must approve or reject the submission as a whole, and the submission shall be deemed approved if the Council fails to act within thirty (30) days after the City submits the Agreement. The Agreement thereupon becomes binding upon the City, City Council, the Union and the employees of the Bargaining Unit. 11 2022-2024 Agreement Between City of Whitehall and IAFF Local 1729 ARTICLE 7. DISPUTE RESOLUTION Section 7.1. Dispute Resolution Procedures. If, any time after fifty (50) calendar days before the expiration date of this Agreement, should the Union and the City be unable through negotiations to agree to the terms of a new Agreement, either party may call for submission of all issues in dispute to fact-finding and subsequently to conciliation. Should either party request factfinding, or conciliation, then in that event, the procedure set forth at Section 4117.14 of the Revised Code and applicable rules of the State Employment Relations Board shall be applied for the process. ARTICLE 8. MANAGEMENT RIGHTS Section 8.1. Management Rights and Responsibilities. Except to the extent otherwise limited or modified by this Agreement, the City retains the right and responsibility to: (A) Determine matters of inherent managerial policy which include, but are not limited to, areas of discretion or policy such as the functions and programs of the City, standard of services, its overall budget, utilization of technology and organizational structure; (B) Direct, supervise, evaluate and hire employees; (C) Maintain and improve the efficiency and effectiveness of governmental operations; (D) Determine the overall methods, process, means, or personnel by which governmental operations are to be conducted; (E) Suspend, discipline, demote or discharge for just cause or layoff, transfer, assign, schedule, promote or retain employees; (F) Determine the adequacy of the work force; (G) Determine the overall mission of the Fire Department; (H) Effectively manage the work force; and (I) Take such actions as may be necessary to carry out the missions of the Fire Department. Section 8.2. Matters Not Subject to Bargaining and/or Grievance. The City is not required to bargain with the Union as to any subject reserved to the management and direction of the Department except as such subjects would affect wages, hours, terms and conditions of employment of employees, and/or the continuation, modification or deletion of an existing provision of this Agreement. An employee or the Union may raise a legitimate complaint or file a grievance based upon the Collective Bargaining Agreement. 12 2022-2024 Agreement Between City of Whitehall and IAFF Local 1729 ARTICLE 9. CORRECTIVE ACTION AND RECORDS Section 9.1. Corrective Action for Cause. No employee shall be removed, reduced in pay or rank, suspended, reprimanded or otherwise disciplined, without just cause. Section 9.2. Progressive Corrective Action. (A) For all charges other than insubordination, the principles of corrective action will be followed with respect to conduct, which is not a specific violation of law. However, the charge of insubordination will only be used when no lesser charge is otherwise applicable to the conduct considered insubordinate. (B) The application of progressive discipline shall include an oral reprimand before a written reprimand, a written reprimand before a suspension and a suspension before removal for the same or related offenses. (C) If the offense is of a serious nature, the Fire Chief or Safety Director may suspend progressive corrective action and determine the appropriate level of discipline. (1) A serious nature shall be defined as any act of error or omission that can result in legal ramifications to the City, or acts that unduly place lives in imminent danger Section 9.3. Actions of Record. (A) At any time an inquiry with a Bargaining Unit employee occurs wherein corrective action of record above a documented oral reprimand, may result against the employee, the employee shall be immediately notified in writing that such a result is possible. While the parties each understand and acknowledge that a supervisor may retain private written notes, such written notes shall not appear in an employee’s personnel file or other official records of the City or any Department thereof. (B) Any such written notes found in any departmental files or records shall be immediately removed. Incident interviews resulting from citizen complaints may be maintained in an internal affairs file which file shall not be considered part of an employee’s personnel file. (C) A Departmental Hearing shall be held prior to the imposition of any suspension, removal and reduction in pay or rank, provided the City shall always retain the right to relieve an employee with pay pending such hearing. (D) For employees testing positive for drug or alcohol use under Article 26, the city may suspend discipline conditioned upon successful completion, at the employee’s expense, of a rehabilitation program approved by the City. The employee may use any of his available health benefits to pay for the program. 13 2022-2024 Agreement Between City of Whitehall and IAFF Local 1729 Section 9.4. Departmental Hearings. (A) Prior to any Departmental Hearing before the Fire Chief of the Safety Director, the employee shall receive from the Chief a written statement of all charges and specifications, together with adequate notification as to the hearing date and time. (B) The employee shall also receive notification as to the evidence, which supports the disciplinary charges and specifications. (C) At Departmental Hearings, the charged employee shall be allowed to be represented by a U