Cincinnati Fire Contract 2020-2023 PDF
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Cincinnati Fire Department
2020
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Summary
This document is a labor-management agreement between the City of Cincinnati and the Cincinnati Fire Fighters Union, effective December 13, 2020, and expiring December 9, 2023. It covers various aspects of wages, benefits, working conditions, and other terms of employment for firefighters.
Full Transcript
2020-2023 Labor-Management Agreement by and between the CITY OF CINCINNATI and CINCINNATI FIRE FIGHTERS UNION LOCAL 48 INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, AFL-CIO EFFECTIVE December 13, 2020...
2020-2023 Labor-Management Agreement by and between the CITY OF CINCINNATI and CINCINNATI FIRE FIGHTERS UNION LOCAL 48 INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, AFL-CIO EFFECTIVE December 13, 2020 EXPIRES December 9, 2023 Table of Contents Contents ARTICLE 1 - CONTRACT SUPREMACY...................................................................................................... 7 ARTICLE 2- RECOGNITION....................................................................................................................... 7 ARTICLE 3- DEFINITIONS......................................................................................................................... 7 ARTICLE 4- WAGES, FRINGE BENEFITS AND WORKING CONDITIONS..................................................... 7 ARTICLE 5- MANAGEMENT RIGHTS........................................................................................................ 8 ARTICLE 6- GRIEVANCE PROCEDURE / REVIEW PANEL........................................................................... 8 ARTICLE 7- UNION BUSINESS................................................................................................................ 13 Section 7.3 Union Stewards............................................................................................................. 15 Section 7.4 Union Officers................................................................................................................ 16 Section 7.5 Bulletin Boards............................................................................................................... 16 Section 7.6 Teletype and Telephone................................................................................................ 17 Section 7.9 IAFF Decals..................................................................................................................... 17 ARTICLE 8- SAFETY................................................................................................................................ 18 Section 8.2 Sanitation, Maintenance and Upkeep............................................................................ 18 Section 8.3 Safety Responsibility...................................................................................................... 18 Section 8.4 Access to Reports.......................................................................................................... 21 ARTICLE 9- ANNUAL STEP-UPS.............................................................................................................. 22 ARTICLE 10- LUMP SUM TERMINAL LEAVE BENEFIT............................................................................ 22 ARTICLE 11- OVERTIME AND COMPENSATORY TIME........................................................................... 24 Section 11.2 Monetary Overtime and Compensatory Time for Official Off-time Duties.................. 25 Section 11.3 Use of Compensatory Time for Suppression Members................................................ 27 ARTICLE 12- RESIDENCY........................................................................................................................ 29 ARTICLE 13- WORKING OUT OF CLASSIFICATION................................................................................. 29 ARTICLE 14- CITY SECURITY.................................................................................................................. 29 ARTICLE 15- INTEGRITY OF AGREEMENT.............................................................................................. 30 ARTICLE 16- FIRE FIGHTER HEALTH AND WELLNESS............................................................................ 30 ARTICLE 17- CLOTHING AND EQUIPMENT............................................................................................ 31 ARTICLE 18- TRANSFERS AND COMPANY DETAILS............................................................................... 33 2 Section 18.2 Transfers and Vacation / Holiday.................................................................................. 35 Section 18.6 Company Details........................................................................................................... 36 ARTICLE 19- INJURY WITH PAY............................................................................................................. 36 ARTICLE 20- SERVICE REQUIREMENT ALLOWANCE.............................................................................. 38 ARTICLE 21- PERSONNEL SERVICE JACKET........................................................................................... 39 Section 21.2 Inspection by Employee................................................................................................ 40 ARTICLE 22- HOURS OF WORK............................................................................................................. 41 ARTICLE 23- LABOR-MANAGEMENT RELATIONS.................................................................................. 42 ARTICLE 24- TRADING OF TOURS.......................................................................................................... 43 ARTICLE 25- LONGEVITY PAY................................................................................................................ 45 ARTICLE 26- CONTINUING EDUCATION................................................................................................ 46 ARTICLE 27- UNION SECURITY.............................................................................................................. 46 Section 27.2 Fair Share Fee............................................................................................................... 47 ARTICLE 28- SICK LEAVE WITH PAY....................................................................................................... 48 Section 28.9 Sick With Pay - Death (SWP-D)...................................................................................... 52 Section 28.10 Sick Pay- Reciprocity..................................................................................................... 53 Section 28.11 Sick With Pay Abuse...................................................................................................... 54 ARTICLE 29- VACATION AND HOLIDAY LEAVE...................................................................................... 56 Section 29.5 Vacation and Holiday Selection.................................................................................... 57 Section 29.6 Cancellation of Vacation or Holiday Leave (48-Hour Members).................................. 60 Section 29.7 Advanced Vacation....................................................................................................... 61 Section 29.8 Vacation Assignments Due to Demotions.................................................................... 62 Section 29.9 Holiday Leave............................................................................................................... 62 ARTICLE 30- PAY DIFFERENTIAL / CERTIFICATION PAY......................................................................... 65 Section 30.2 Certification Pay............................................................................................................ 65 ARTICLE 31- DEATH BENEFITS AND TERMINAL PAY............................................................................. 67 Section 31.2 Terminal Pay................................................................................................................. 68 ARTICLE 32- GENERAL........................................................................................................................... 68 Section 32.1 Morning Muster Uniform............................................................................................. 68 Section 32.2 Liability.......................................................................................................................... 69 Section 32.3 Discrimination.............................................................................................................. 69 Section 32.4 Identification Cards...................................................................................................... 69 Section 32.5 Private Automobile Mileage Allowance....................................................................... 69 3 Section 32.6 Credit Union and U.S. Savings Bond Deductions.......................................................... 70 Section 32.7 Medical Insurance Benefits........................................................................................... 70 For New Employees:............................................................................................................................. 71 Dental Plan........................................................................................................................................... 73 Vision Plan............................................................................................................................................ 73 Section 32.8 Limited Duty................................................................................................................. 73 Section 32.9 Notice of Outside Employment.................................................................................... 74 Section 32.10 Fire Department Badges............................................................................................... 74 Section 32.11 Jury Duty....................................................................................................................... 74 Section 32.12 Tuition Reimbursement................................................................................................ 74 Section 32.13 Performance Enhancement Process............................................................................. 77 Section 32.14 Disciplinary Procedure.................................................................................................. 77 Section 32.15 House Cleaning............................................................................................................. 78 ARTICLE 33- DRIVERS LICENSE.............................................................................................................. 79 ARTICLE 34- ABOLISHMENT OF POSITIONS.......................................................................................... 80 ARTICLE 35- TERM OF AGREEMENT..................................................................................................... 81 ARTICLE 36- SPECIALIZED UNITS........................................................................................................... 82 ARTICLE 37- DAILY STAFFING REQUIREMENTS..................................................................................... 83 ARTICLE 38- PARAMEDIC TRAINING..................................................................................................... 84 ARTICLE 39- OFF-DUTY DETAIL PROGRAM........................................................................................... 87 ARTICLE 40- DIVERSITY GOALS............................................................................................................. 87 ARTICLE 41- DRUG FREE WORKPLACE COMMITMENT......................................................................... 87 ARTICLE 42- INTERNAL INVESTIGATION PROCEDURES......................................................................... 88 Section 42.2 Right to Representation............................................................................................... 88 Section 42.3 Disclosure..................................................................................................................... 89 Section 42.4 Supervisory Action....................................................................................................... 89 Section 42.5 Investigation Questioning................................................................................................ 90 Section 42.6 Legal Rights.................................................................................................................. 91 Section 42.7 Conduct of Interview.................................................................................................... 91 Section 42.8 Record of Interviews.................................................................................................... 91 Section 42.9 Insubordination............................................................................................................ 92 Section 42.10 Evidence of Admissibility.............................................................................................. 92 Section 42.11 Written Reports............................................................................................................ 92 4 Section 42.12 Access of Record........................................................................................................... 93 Section 42.13 Investigation Status and Outcome................................................................................ 93 Section 42.14 Violation......................................................................................................................... 94 Section 42.15 External Investigation Procedures................................................................................ 94 APPENDIX A- WAGES............................................................................................................................ 93 APPENDIX B- HEALTH CARE PLANS....................................................................................................... 94 APPENDIX C- GRIEVANCE MEDIATION PROCEDURES........................................................................... 99 APPENDIX D- CERTIFICATION AGREEMENT....................................................................................... 102 APPENDIX E - EMPLOYEE ALCOHOL AND DRUG TESTING................................................................... 103 Section 2. Testing Information..................................................................................................... 103 Section 3. Prohibitions.................................................................................................................. 103 Section 4. Drug and Alcohol Testing Permitted............................................................................ 104 Section 5. Order to Submit to Testing.......................................................................................... 106 Section 7. Drug Testing Standards (HHS Standards)..................................................................... 109 Section 8. Disciplinary Action....................................................................................................... 113 Section 9. Right of Appeal............................................................................................................ 114 Section 10. Voluntary Request for Assistance................................................................................ 114 Section 11. Treatment.................................................................................................................... 115 Section 12. Employee Assistance Program.................................................................................... 116 Section 13. Duty Assignment After Treatment.............................................................................. 116 Section 14. Union Held Harmless................................................................................................... 117 Section 15. Changes in Testing Procedures.................................................................................... 117 Section 16. Conflict With Other Laws............................................................................................. 117 Section 17. Definitions.................................................................................................................... 117 PAY RATES........................................................................................................................................... 119 PAY RATES........................................................................................................................................... 120 PAY RATES........................................................................................................................................... 121 5 LABOR-MANAGEMENT AGREEMENT BY AND BETWEEN THE CITY OF CINCINNATI AND CINCINNATI FIRE FIGHTERS UNION LOCAL 48 INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, AFL-CIO THIS AGREEMENT is made between the City of Cincinnati, hereinafter referred to as the "City," and Cincinnati Fire Fighters Union Local 48, International Association of Fire Fighters, AFL- CIO, hereinafter referred to as the "Union." WITNESSETH: MISSION STATEMENT The Cincinnati Fire Department and the Cincinnati Fire Fighters Union Local 48 are committed to providing the best quality service to the citizens of Cincinnati. We will provide professional and safe response to fire, explosive, medical, and environmental emergencies. We are dedicated to minimizing the loss of life and property through suppression, rescue, education, enforcement, investigation, and other innovative programs. 6 ARTICLE 1 - CONTRACT SUPREMACY Unless otherwise provided herein, the terms and conditions of employment set forth in this Agreement are subject to the laws of the United States, the State of Ohio, the City of Cincinnati and all applicable Administrative Rules and Regulations, which have the effect of law. In the case of conflict between the terms and conditions herein and otherwise applicable State and local law or regulation, this Agreement shall prevail pursuant to Ohio Revised Code §4117.10(A). ARTICLE 2- RECOGNITION The City of Cincinnati shall recognize Local 48, Cincinnati Fire Fighters Union, International Association of Fire Fighters, AFL/CIO as the sole and exclusive bargaining agent for all members of the Cincinnati Fire Department in all sworn ranks up to and including members of the rank of District Chief in all matters pertaining to wages, hours of work, fringe benefits and working conditions. ARTICLE 3- DEFINITIONS Member or employee shall mean a sworn employee of the Cincinnati Fire Department who is represented by the union. The male pronoun or adjective where used refers to female also, unless otherwise indicated. ARTICLE 4- WAGES, FRINGE BENEFITS AND WORKING CONDITIONS Section 4.1 The wages, fringe benefits and working conditions for employees covered by this Agreement shall be in accordance with the specific articles provided herein. Wage rates 7 under this Agreement are as established for the appropriate classification in Division 2 of Chapter 307 of the Cincinnati Municipal Code. Section 4.2 Negotiated changes in wages paid to employees covered by this Agreement are established in Appendix A, which is attached hereto and made a part hereof. ARTICLE 5- MANAGEMENT RIGHTS The Union recognizes that the employer expressly maintains all management rights set forth in Ohio Revised Code §4117.08(C), 1-9. With respect to those management rights, the City of Cincinnati shall have the clear right to make decisions in all areas, on a unilateral basis, and such decisions, except as provided herein, shall not be subject to the grievance procedure. The exercise by the City of Cincinnati of, its waiver of, or its failure to exercise its full right of management on any matter or occasion shall not be precedent or binding on the City, nor the subject or basis of any grievance. The City's right of management shall not be amended or limited by any claim or unwritten custom, past practice or informal agreement. Nothing in this article shall abrogate or alter the other articles of this agreement. ARTICLE 6- GRIEVANCE PROCEDURE / REVIEW PANEL A grievance is an allegation that a term or terms of this Agreement have been violated by the City of Cincinnati, the Cincinnati Fire Department or their respective agents or officers. The Union is the sole and exclusive bargaining agent for all members, and the City has expressed its prior intent to refuse to recognize any grievance beyond Step 1 not previously reviewed, approved and filed by the Union. The Union further agrees that it has a duty to represent fairly all bargaining unit members during the administration and enforcement of this Agreement and shall not act in an arbitrary, discriminatory or capricious manner or in bad faith. 8 Disciplinary grievances involving suspensions (or equivalent loss of time) of more than 48 hours (or 40-hours for 40-hour members) without pay, demotion, discharge, or termination shall advance automatically to Step 2 of the grievance procedure. Local 48 may initiate a grievance as the grievant, in its own name, on behalf of the membership, provided such grievance is filed in writing within the timeframes stipulated contained in this article. Step One: Company Officer or Appropriate Supervisor Level The grievance must be presented in writing to the Company Officer or appropriate supervisor within fifteen (15) calendar days of the date on which the grievant became aware of the incident causing the grievance. The Company Officer or appropriate supervisor will attempt to adjust the grievance and must render his decision within fifteen (15) calendar days of the date the grievance was presented to him. In the event a Company Officer or appropriate supervisor has no authority to adjust the grievance, he shall forward said grievance to the next level of command that does have the authority to adjust the grievance. In the event that the grievance directly involves the member’s Company Officer or appropriate supervisor, he shall forward said grievance to the next level of command that does have the authority to adjust the grievance. In the event the Company Officer or appropriate supervisor fails to adjust the grievance to the satisfaction of the grievant, the grievance shall be presented at Step Two within forty-five (45) calendar days from the date on which the grievant became aware of the incident causing the grievance. Procedure for grievances beyond Step One: If the grievant is not satisfied with the adjustment, if any, in Step One, and wishes to carry his grievance further, the following provisions shall be observed. The grievance 9 shall be submitted on a Union Grievance Form, with a full statement of particulars, and each succeeding step of the grievance procedure must be initiated within ten (10) calendar days of receipt of the decision being appealed. When any grievance goes beyond Step One, the Union and the City shall meet within ten (10) calendar days after the grievance has been submitted, unless both parties agree that a meeting is not necessary. Once the grievance has been submitted at the Step Two level, no additions or changes may be made to the original statement of particulars as the grievance progresses through additional steps of the grievance procedure. A written decision shall be made by the higher level of supervisor at each step within ten (10) calendar days of the meeting between the parties. Step Two: Fire Chief Level. If the Union is not satisfied with the decision or adjustment at Step One, it shall present the grievance on the Union Grievance Form to the Fire Chief or his designee. The Fire Chief or his designee shall issue a written response within ten (10) calendar days of the date the grievance was presented if there is no meeting between the parties, or, if there is a meeting, within ten (10) calendar days thereafter. Step Three: Mediation Level. If the Union is not satisfied with the decision or adjustment at Step Two, the Union may, within ten (10) calendar days after receipt of the Step Two decision, submit the grievance for grievance mediation in accordance with the procedures in Appendix C. 10 However, parties may mutually agree not to mediate a particular grievance and advance the grievance directly to Step 4 Arbitration Level. If either party requests grievance mediation, the parties shall mediate the grievance in accordance with the procedures in Appendix C. Step Four: Arbitration Level. If the Union is not satisfied with the decision or adjustment at Step Two or Step Three, whichever is applicable, it may submit the grievance to the Director of Human Resources or his designee with notice that the grievance is being posted for arbitration, and a copy of a "Request for Arbitration Panel" signed by the appropriate Union officials. The Director of Human Resources or his designee may adjust the grievance in favor of the Union or submit the matter to arbitration. If the Director of Human Resources or his designee fails to adjust the grievance or sign the "Request for Arbitration Panel," the "Request for Arbitration Panel" shall be filed by the Union, in writing, with the American Arbitration Association ("AAA") or the Arbitration and Mediation Service (AMS) within twenty (20) calendar days from the date the grievance was presented to the Director of Human Resources or his designee, with a copy of said notice to the Director of Human Resources or his designee. The AAA or AMS shall forward a list of nine (9) arbitrators to the parties, and the selection and conduct of the arbitration shall be in accordance with AAA or AMS rules. The arbitrator shall have no authority to amend, modify, nullify, ignore, add to, or subtract from the specific provision of this Agreement. He shall only consider and make a decision with respect to the specific issue submitted to him by the parties, and shall 11 have no authority to make a decision on any other issue not so submitted. To the extent that the arbitrator's decision is in accordance with the provisions of this Section, it shall be final and binding on all parties. The cost of the arbitrator shall be paid by the party whom the arbitrator rules against. Grievances Not Filed Within Stated Time Limits: Any grievance not filed within the stated limits or grievances not pursued by the Union shall be deemed settled on the basis of the City's last answer. Any grievance not taken up by Management within the stated time limits will be moved to the next step. However, time limits may be extended by mutual agreement between parties if exceptional or unusual circumstances or conditions exist. Grievances Concerning Pay Step Denials: If a grievance on a pay step denial is granted, a gross pay adjustment shall be made to the date the pay step should have gone into effect. Lawsuits or Administrative Charges: A member filing a lawsuit or administrative charge waives his right to file a grievance or to seek arbitration on the matter in dispute. Disciplinary Actions: Disciplinary actions that are appealable to the Civil Service Commission may, at the option of member, be appealed to either the Civil Service Commission or taken through the above grievance and arbitration procedure, but not both. If the grievance and arbitration procedure is selected, the grievance may be advanced directly to Step Three or Step Four by mutual agreement of the parties. In the event that the member elects to appeal to the Civil Service Commission, he or she shall have forty (40) calendar days from the date the disciplinary action is served in which to convert the appeal to the grievance arbitration process. Legal Representation and Witnesses: The Union shall be permitted to have legal representation at any level of the Grievance Procedure beyond Step Two. 11 The Union and/or grievant shall have the right to have witnesses at any level of the grievance hearing or Review Panel. However, only one (1) on-duty witness shall receive full pay and benefits for all on-duty time spent at the hearing. Administrative Transfers under Article 18: shall be submitted to the Review Panel. A list of members for the Review Panel shall be established. The list shall consist of members of the Fire Department who are covered by this Labor Management Agreement. They shall volunteer to serve for a period of one (1) year. The city shall not be required to back-fill on overtime for the presence of a member/grievant, witness, or panelist while they are in attendance at a Review Panel hearing. For each day that reviews are scheduled, three (3) panelists shall be selected by lot by drawing names in the presence of the Fire Chief and the President of Local 48, or their designated representatives. Panelists shall only be permitted to review transfer of bargaining unit members of their own rank. In the event that there are not a sufficient number of panelists willing to serve at the effected members rank, the panel shall be open to all other ranks. No member who is assigned to the same company or who is related by blood or marriage to a member/grievant shall be eligible to serve on that day’s panel. No member who signed off on the member’s transfer or who is related by blood or marriage to any member who signed off on the transfer shall be eligible to sit on that day’s Review Panel. 12 All cases to be heard by a particular panel shall be identified prior to the selection of the panel. The Panel shall hear all of the cases within fourteen (14) calendar days after it’s selection and shall determine if there was justification for the transfer. The Panel may affirm, reverse or reduce the disciplinary penalty and shall issue its written decision within seven (7) calendar days. The decision of the Review Panel shall be final and binding. Eligibility to be a member of the Review Panel shall be limited to members with at least three (3) years experience in the Fire Department. Panelists may not have any sustained suspensions or demotions within the previous three (3) calendar years. Each prospective panelist must undergo two (2) hours of mutually developed mandatory training. The member shall be entitled to a representative of his/her choice and to call witnesses. The Review Panel shall be entitled to review all records relating to the transfer. All Review Panel members shall be free from coercion, intimidation, discrimination, threats or other detrimental actions based on their activities on the Review Panel. The Review Panel Rules are outlined in the mutually agreed upon side letter. Changes to the side letter may be made only with mutual agreement between the City and the Union. ARTICLE 7- UNION BUSINESS Section 7.1 The City agrees to grant union leave time as personal with pay to Union Officers, 13 members of Union Committees, and Union Stewards for the purpose of conducting Union business, attending conventions, educational seminars, conferences and other forms of Union business. The maximum amount of time permitted for Union Leave in a calendar year shall be 2000 hours. The usage of this leave time shall be in increments of no less than one (1) hour. Hours used for the attendance by Union Officers at grievance and/or disciplinary hearings, meetings of City sponsored committees, or other mutually beneficial functions shall not be deducted from the 2000-hour annual time bank. Section 7.2 The President of Local 48, by written notice to the Fire Chief, may elect to be released from all Fire Department duties in order to facilitate items of mutual benefit as well as day to day Union operations. The President of Local 48 shall continue to earn all wages and benefits at his current assignment and position including any promotions. He shall be free to conduct the affairs of Local 48 without being subject to the authority of the management of the Fire Department or the City of Cincinnati, except as provided herein. In the event that the President chooses not to be released from Fire Department duties, is incapacitated or is on extended military leave, he may appoint a designee from the Executive Board. The designee shall be entitled to and subject to the above guidelines. The designee shall serve for a minimum period of 90 days or for the remaining portion of the President’s term, whichever is less. The President, or his designee shall be required to adhere to the following minimal requirements while conducting the affairs of the Union: A. Response to emergency recall B. Maintenance of uniform and required certifications (EMT, etc.) C. Attendance at court 14 D. Reporting usual and customary changes for personnel records E. Adherence to department grooming standards while the President is in the usual and customary in-service training. F. Attendance at basic in-service training required for the President’s grade or rank. The time of attendance shall be by mutual agreement. G. Adherence to any required residency obligations H. Maintenance of a valid Ohio driver’s license I. Adherence to basic laws and the standards of conduct set forth in this agreement Members employed by the City of Cincinnati as of January 15th of the proceeding calendar year shall have deducted from their Vacation Accrual, on a proportional basis, the amount of hours used for Union Business in the prior calendar year. If the president or his designee chooses to be released from Fire Department duties, 2000 hours per year shall be deducted on a proportional basis, from each member’s Vacation Accrual. Section 7.3 Union Stewards. The Union shall authorize Union Stewards, who will be selected by the Union. In order to be eligible for benefits outlined in this article, the member must be on the list of Union Stewards and / or committee members. The list of Stewards and Committee members will be provided to the Fire Chief on April 1st of each year. The Fire Chief will be notified of any additions or deletions to the list within 30 days of the change. Union Stewards shall be permitted to leave quarters in order to investigate alleged violations of this Agreement upon approval of the officer in charge of the District or, in case of 40 hour Stewards, the officer in charge of their bureau, office or unit. Union Stewards shall be permitted 15 to use the Fire Department phone in the performance of their duties as Union Stewards. Section 7.4 Union Officers. Sufficient time off shall be granted to the four (4) Principal Officers of the Union for the purpose of attending and conducting regular and special meetings of the Union. All hours associated with said work shall not be subject to the 2000-hour time bank identified in Section 1 of this Article. In addition, time off shall be granted to the four (4) principal officers of the Union and any other members of the Union Negotiating Team, not to exceed three (3), during the term of deliberation of the Union Negotiating Team. Time off for deliberations may not begin prior to nine (9) months before the contract expiration date. The aforementioned members of the negotiating team shall be granted up to five hundred (500) hours, in the aggregate, in order to prepare for negotiations. All aforementioned time off shall be granted with full pay and shall not be subject to the 2000-hour time bank identified in Section 1 of this article. All notifications for time off for Union Business shall be made to the District Chief prior to actual time being taken. These notifications shall be by email and must be followed by a Form 25-S not later than the member's next tour. Section 7.5 Bulletin Boards. The City agrees to share space with the Union on a half and half basis on all new and existing bulletin boards located in Firehouses. The Union shall exercise authority to police their portion of all bulletin boards. The Union shall have the right to have installed, at their expense, additional bulletin boards if they deem it necessary. Those bulletin boards shall be used exclusively for Union business. The Fire Chief shall have final authority as to the size and location of bulletin boards. 16 The bulletin boards shall not be used to post items that are derogatory in nature. Department members not included in the Local shall not be permitted to post materials on the bulletin board, nor shall they be permitted to deface any items posted by the Local. Members of the Local shall respect and refrain from posting items on and / or defacing any bulletin boards at any of the firehouses or bureaus. The Union shall promptly remove any inappropriate materials from the bulletin board upon notice by the city. Section 7.6 Teletype and Telephone. Upon approval of the Fire Chief, the Union shall be permitted the use of the Fire Department teletype and telephone to transmit to members of the Union items of importance concerning Local 48. Section 7.7 The Union shall have accessibility to and the right to make copies of all current and future General Orders, Memorandums, Bulletins, Special Notices and Procedures Manual. Section 7.8 Electronic Mail. The Executive Board shall have authority to communicate via electronic mail to separate electronic mail lists, including but not limited to all Fire Department members, all Local 48 members and all Uniformed Fire Personnel, provided such communications do not unduly interfere with City work. Any member may elect, in writing, to be removed from the Uniformed Fire Personnel list. Said electronic mail shall also be distributed to the Fire Chief or his designee and is subject to further distribution by the Fire Chief or his designee. Section 7.9 IAFF Decals. The City shall permit Local 48 members to affix IAFF stickers on the member’s fire helmet. 17 ARTICLE 8- SAFETY Section 8.1 Safety Committee. The City recognizes the Safety Committee of the Union and agrees to respond in a reasonable manner to recommendations or proposals of the Committee relating to a member's personal safety and/or the environmental conditions of his quarters. Quarterly Management and Union Safety Committee meetings for the purpose of apprising City Administration of safety and working condition problems within the Fire Department shall be held with attendees to include but not be limited to the Union Safety Committee and representatives from the City Manager's office and the Fire Department. The Chairmanship for these meetings shall rotate between the Union and the City. The Union Safety Committee shall provide the City Manager's office and Fire Administration with a written agenda of items to be discussed at the quarterly meetings not less than fourteen (14) days prior to said meetings. The City shall release from duty without reduction in pay, no greater than three (3) members from any shift when the scheduled monthly Union Safety Committee meetings and quarterly Union/Management Safety Committee meetings are held during on-duty hours. Section 8.2 Sanitation, Maintenance and Upkeep. The City agrees to supply and make available all material required in the day-to-day maintenance and upkeep of all Firehouses. The City furthermore agrees to supply all items necessary to maintain a satisfactory, sanitary condition of all quarters within all Firehouses. The City also agrees that Fire Department facilities shall be treated for roaches and/or vermin. Section 8.3 Safety Responsibility. It is the responsibility of the City to provide and maintain safe working conditions, tools, 18 equipment and work methods for its employees. No member of the Union shall be disciplined in any manner for initiating a complaint and/or grievance regarding safety and/or the environmental conditions of his quarters. Members shall notify Fire Department Administration through the chain of command prior to filing a complaint with the Union Safety Committee. The City shall make every effort to implement recommendations that come from joint quarterly Management and Union Safety Committee Meetings. Section 8.4 Access to Reports The Union Safety Committee shall be given a copy of all injury reports (91-S) City of Cincinnati, Supervisor Investigation of Employee Injury, that are a result of on-duty injuries, provided that the injured employee provides written permission to release the form 91-S to the Union. Section 8.5 Items of personal protective equipment to be provided by the City shall meet specifications agreed upon by the City and the Union Safety Committee. Such items shall include, but not be limited to, helmets, gloves, flashlights, turn out coats, pants, protective hoods, ballistic vests, and boots. Radios and apparatus specifications are proper subjects of discussion for the Safety Committee, subject to final selection by Management. Section 8.6 The City agrees to provide each fire fighter with two (2) sets of personal protective equipment (PPE) coat and pants. Section 8.7 The City agrees to provide each fire fighter with one pair of leather fire fighting boots and one pair of rubber fire fighting boots. The City agrees to maintain both pairs of boots. Section 8.8 The City agrees to provide each fire fighter with two (2) protective hoods and two (2) pairs of firefighting gloves. 21 Section 8.9 The City agrees to provide each member with the appropriate individual SCBA face piece, and Hepa Mask. The City also agrees to provide Fit Testing annually on all provided masks. Section 8.10 The City agrees to provide each member an individually fitted ballistic vest. The City agrees to maintain the vest in accordance with the manufacturer’s recommendations. Section 8.11 The City agrees to perform annual service and performance testing on items such as aerial ladders, ground ladders, and fire apparatus pumps. ARTICLE 9- ANNUAL STEP-UPS A salary step-up in the classification of Fire Fighter, unless denied, shall become effective on the first day of the anniversary pay period of the employee's date of hire or most recent step- up. Promoted personnel in the Fire Department shall be immediately advanced to the highest pay rate available for the classification to which the member is promoted. ARTICLE 10- LUMP SUM TERMINAL LEAVE BENEFIT Upon retirement, a member may convert any amount of sick leave time to pay, at the rate in effect for the classification and certification from which he is retiring, on an exchange basis of two (2) hours of sick leave for one (1) hour of compensation. In no event shall a member have the right to convert more than 1,540 hours of sick leave time to compensation. No member shall be paid for more than 770 hours of converted accumulated sick leave. Members working a 40 hour work schedule shall be permitted to convert 1,284 hours of accumulated sick leave on the basis of two (2) hours of sick leave for one (1) hour of compensation at the 40 hour rate of pay in effect for the classification and certification from which he is retiring. 22 Employees shall be permitted to cash in the maximum balance allowed for their length of service listed in Article 29, Section 3, at the rate in effect for the classification and certification from which the employee is retiring or being separated. Any accumulation above these listed hours shall be forfeited upon separation for any reason. All members who work a 48 hour work schedule shall be permitted to cash in a maximum of 360 hours of Holiday repay time at the rate of pay for the classification and certification from which he is retiring or being laid off. Members who work a 40 hour work schedule shall be permitted to cash in a maximum of 300 hours of Holiday repay time at the rate of pay for the classification and certification from which he is retiring or being laid off. Upon retirement or lay-off, members shall be permitted to cash in any compensatory time accumulated at the 40 hour rate of pay in effect for the classification and certification from which he is retiring or being laid off. This Article shall apply to members retiring on length of service retirement, disability retirement or deferred retirement. Sick with Pay Retirement benefits shall not apply to deferred retirements unless the retiree has at least 25 years of service, which shall include military time purchased and/or prior city service time purchased. All sworn employees of the Cincinnati Fire Department who elect to retire may choose to voluntarily cease active duty employment and remain on the payroll until they have used all of their accumulated leave time (vacation, holiday, compensatory time). If this option is chosen, their position shall immediately become vacant and, if applicable, shall immediately be filled through the existing promotional process. The member shall continue to be eligible for medical, dental and vision insurance coverage as outlined in this agreement. The City and member shall continue to contribute their 23 portion to the Ohio Police and Fireman’s Disability and Pension Fund. The member shall not continue to accrue vacation, sick leave, holiday, compensatory time, working out of rank, SRA allowances, training or Certification Pay. The member shall still be eligible to convert his sick leave time to pay in accordance with this article. Members utilizing this option shall not be counted in the daily vacation, holiday and compensatory time leave caps as outlined in Article 29 of this agreement. ARTICLE 11- OVERTIME AND COMPENSATORY TIME Section 11.1 Overtime. A. In the event that a need for overtime should occur in the Fire Department because of emergency, sickness or other unforeseen conditions, overtime or compensatory time shall be paid in accordance with Section 2 (C) of this Article. Overtime shall be paid at a rate of one and one-half (1½) times the forty (40) hour rate of pay, and compensatory time shall be paid at the rate of one and one-half (1½) hours per hour worked. Any overtime worked shall require the payment of one (1) hour overtime pay or one and one- half (1½) hour of compensatory time. Any overtime worked beyond one (1) hour shall be paid at one and one-half (1½) times the forty (40) hour rate of pay or in compensatory time at the rate of one and one- half (1½) hours per hour worked. Cleanup time spent in preparation of going off duty shall be considered overtime if occurring after normal shift change. 24 A member shall have the option of staying in the firehouse and receiving one (1) hour pay at the overtime rate or, if less than one (1) hour, leaving upon completion of his duties and cleanup and receiving pay at the overtime rate for the time spent past his normal shift change. This overtime pay will be broken into six (6) minute increments for purposes of payroll and will be paid to the next highest increment. Upon completion of an investigation which results in an exposure to contaminants, and ECU Investigator or Fire Investigator shall be entitled to one (1) hour pay at the appropriate applicable rate of pay in order to cleanup at a firehouse prior to completion of his/her duties. B. A member shall not be entitled to overtime compensation if the claim for overtime compensation results from the member's unnecessary delay or neglect. C. The City shall make every effort to make overtime payments not later than the pay period following the pay period during which the overtime compensation is earned. Section 11.2 Monetary Overtime and Compensatory Time for Official Off-time Duties. A. All members of the Cincinnati Fire Department shall receive monetary overtime or compensatory time for official duties performed on their scheduled off- time, vacation or holidays when they: i. Are required to appear in Court arising from their duties. ii. Are required to be a witness at any disciplinary hearing or any investigation. iii. Are a defendant to any disciplinary hearing or investigation in which the charges are dropped by the City of Cincinnati or the Cincinnati Fire Department or which charges are ultimately disproved. iv. Are required to attend any Fire Department meeting, seminar or training session. 25 v. Are required to give demonstrations, lectures or attend meetings concerning the activities or personnel of the Cincinnati Fire Department. vi. Are required to take specialized training to maintain required certifications or qualifications. vii. Are required to perform fire prevention, Fire Investigation (excluding the on call Fire Investigator), Environmental Crimes Unit Investigation, or fire protection services that are required by the Fire Chief. viii. Are required to staff fire suppression, rescue or paramedic apparatus due to recall of any nature. ix. Are required to be a witness or attend a grievance hearing. B. Monetary Overtime or Compensatory Time as applied to Section 2 (A) of this Article shall be a minimum of four (4) hours which shall result in six (6) hours time off or six (6) hours straight time pay at the member's 40 hour rate of pay. C. The city shall have the prerogative of paying a member in compensatory time or monetary overtime pay when more than twelve (12) hours of overtime are worked per occurrence. When twelve (12) hours or less of overtime are worked per occurrence, the member may elect to receive either monetary overtime pay or compensatory time. All overtime worked in connection with reimbursable events or reimbursable training shall be compensated in monetary overtime rather than compensatory time. D. Upon promotion, members of the Fire Department shall elect to be paid for any compensatory time balance at their rate of pay in effect prior to being promoted or have their compensatory time balance adjusted. The adjusted balance shall be equal to the old 26 balance in value, and the hours shall be prorated so that the old balance times the rate of pay previous to the promotion is equal to the new balance times the new rate of pay. Upon voluntary or disciplinary demotion, a member’s compensatory time balance shall not change. E. Except as provided in Section 2 (A) (v), members required to attend Community Problem Oriented Policing (CPOP), Cincinnati Neighborhood Action Strategy (CNAS) or Community Council meetings shall receive overtime pay for the length of time required to attend the meeting, plus one-half (½) hour for travel time. Section 11.3 Use of Compensatory Time for Suppression Members. The only criteria for denial of a member’s request for use of Compensatory Time shall be the following: A. To use compensatory time, members shall request said time from the District Chief no greater than 0600 hours, twenty-one (21) days in advance and no less than seventy-two (72) hours prior to the beginning of the tour of duty of the requested leave. The basis for this pick shall be first request B. Compensatory Time may be used in six (6) hour increments up to twenty-four (24) hours. Members may request time slots in one (1) single time slot or those of a consecutive time period as follows: a. 0700 – 1300 hrs. b. 1300 – 1900 hrs. c. 1900–- 0700 hrs. C. No requests for the use of compensatory time may be made for Martin Luther King Day, New Year’s Eve Day, New Year's Day, President's Day, Memorial Day, Independence Day, 27 Labor Day, Veteran's Day, Thanksgiving Day, Christmas Eve Day and Christmas Day and/or city-sponsored special events of Riverfest, Tall Stacks, Taste of Cincinnati, Oktoberfest, and one (1) other city- sponsored special event. No requests for compensatory time shall be granted if it would cause the maximum set forth in Article 29, Section 29.5(H) to be exceeded. No requests for compensatory time may be made during emergency situations. During holiday, special events and emergency situations, the granting of compensatory time would create an unduly disruptive burden on the Fire Department. Such time off would greatly impact on the ability of the Fire Department to provide emergency service to the public. Section 11.4 Upon reaching one hundred (100) hours, for 40 hour per week members, or one hundred twenty (120) hours, for 48 hour per week members, accumulation of compensatory time, a period of six (6) months shall be given for a member to use any additional accrued compensatory time above the 100/120 hour ceiling. If the member cannot be given the time off in the six (6) month period, the City shall pay the member at the 40 hour rate of pay for the time accrued above the 100/120 hour ceiling that he has accumulated but was unable to take off. SWP or IWP time shall not be counted in determining a six (6) month period. Section 11.5 In lieu of Gray Days, all members of the Cincinnati Fire Department employed on a 40 hour work schedule, except those members assigned to a Limited Duty position, shall be granted forty (40) hours Compensatory Time per calendar year. Section 11.6 The City and the Union will meet during the term of this agreement to attempt to mutually develop an overtime policy defining how overtime is assigned. 28 ARTICLE 12- RESIDENCY All members of the Cincinnati Fire Department shall reside within Hamilton County (Ohio), or within any county that is adjacent to Hamilton County (Ohio) that is in or outside the State of Ohio, or within a 35-miles radius of 430 Central Avenue that is in or outside the State of Ohio. ARTICLE 13- WORKING OUT OF CLASSIFICATION Any sworn member of the Cincinnati Fire Department who is required to accept the responsibilities and carry out the duties of a position or rank above that which he normally holds, up to and including District Chief, shall be paid at the rate of pay for that position or rank while so acting. Fire Fighters working out of classification in a Captain's position shall receive Lieutenant's pay. Fire Lieutenants working out of classification in a Captain's position shall not receive Out of Classification pay. All out of classification assignments shall be made by the District Chief and shall be based on the Immediate Supervisor's recommendation. ARTICLE 14- CITY SECURITY It is understood that the services performed by the Fire Department are essential to the public health and welfare; therefore, the Union agrees that during the life of this Agreement, it will not cause, encourage, participate in or support any strike or picketing against the City or any slowdown or other interruption of, or interference with, the normal functions of City services. The City agrees to do nothing to intentionally interrupt or prevent the continuity of services in the Fire Department insofar as such service is required in the normal and usual operation of the City. 29 If this Article shall later be declared invalid, unlawful, or unenforceable by reason of any existing or subsequently enacted state legislation, the City and Local 48 agree to meet within thirty days of the invalidation for the purpose of negotiating this Article. ARTICLE 15- INTEGRITY OF AGREEMENT This Agreement represents complete collective bargaining and full agreement by the parties with respect to rates of pay, wages, hours of employment or other conditions of employment which shall prevail during the term hereof and any matters or subjects not herein covered have been satisfactorily adjusted, compromised or waived by the parties for the life of this Agreement. During the term of this Agreement, neither the City nor the Union shall be required to negotiate on any other subjects set forth in this Agreement unless mutually agreed by both parties. Should any provision of this Agreement be found to be inoperative, void or invalid by a court of competent jurisdiction, the Union and the City shall immediately meet and renegotiate the provision. All other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement. ARTICLE 16- FIRE FIGHTER HEALTH AND WELLNESS Section 16.1 Members shall not be required to take physicals or other non-duty related medical evaluations at Employee Health Service. Section 16.2 The City of Cincinnati and Local 48 agree to conduct a joint Health and Wellness Program, in accordance with the attached Letter of Agreement, to include but not be limited to a physical, a complete medical evaluation, a recommended exercise program, and subsequent comprehensive medical, fitness and behavioral program. For the purpose of the Fair Labor Standards Act, activities conducted as part of the Health 30 and Wellness Program shall not be considered an extension of fire fighting duties for which compensation is required. The results of the Health and Wellness Program shall be periodically reviewed by the LMC to determine future feasibility, expansion or implementation. Section 16.3 Any study or report regarding the health of fire fighters utilizing information gathered by Employee Health Service shall be submitted to Local 48 and the Safety Administration ninety (90) days prior to publication or release. Further, any such study or report shall conform to all Federal, State and Local laws and regulations related to patient’s confidentiality. ARTICLE 17- CLOTHING AND EQUIPMENT Section 17.1 All sworn members of the Cincinnati Fire Department shall receive from the City, without cost, their first official uniforms and equipment, including but not limited to recruit uniforms, dress uniforms, four (4) sets of fatigue uniforms, articles of PPE, one (1) reflective rain coat and one (1) fatigue jacket with liner. Upon leaving the Cincinnati Fire Department, personal official equipment, except as provided below, shall be returned to the Cincinnati Fire Department. Members leaving the Fire Department due to disability or length of service retirement shall be given a retiree ID card, their badge and helmet at no cost to them. Those assigned a service weapon at that time shall have the option to purchase said weapon for one dollar ($1.00). Section 17.2 Any and all items of apparel or equipment that are required for any sworn member of the Cincinnati Fire Department in the performance of duty shall be provided, free of charge, by the City. A standing joint Management and Union Uniform Committee shall be 31 formed and consist of equal representation from the Union and Fire Administration, in addition to the Fire Chief, who shall be the Chairman. The joint Uniform Committee shall meet on a quarterly basis to determine the uniform requirements throughout the life of the Agreement. The joint Uniform Committee shall determine the standard and elective issue of clothing and develop an elective uniform item selection process. Members should collect elective issue items from the supplier on off-duty time. The City shall make every effort to implement recommendations that come from joint quarterly Management and Union Uniform Committee Meetings. Section 17.3 Members working on the tour system, and others approved by the Fire Chief, shall be permitted to wear approved t-shirts or polo shirts as an optional uniform shirt. District Chiefs shall be permitted to wear polo shirts anytime during their shift or T-Shirts anytime during their shift or T-shirts after 1700 hours. Section 17.4 If the City discontinues the quartermaster system, the City shall provide to sworn members of the Cincinnati Fire Department clothing allowance installment payments of $300.00 on or before the next April 1 or October 1, and on or before each April 1 and October 1 thereafter, until the expiration of this Agreement. Such a change to the clothing allowance is contingent upon vendor obligations of the City. Section 17.5 All members shall be in the quartermaster system. The Chief shall choose between Class A, Class B, fatigues or civilian clothing for all 40-hour members. When the Fire Chief determines it is necessary for the employee to wear civilian clothing at least one day during the six-month periods designated below, the employee will receive a clothing allowance of $300.00 for the applicable period(s) on or before April 1 and October 1. Members required 32 to wear class B uniforms shall be provided clothing through the quartermaster system. Section 17.6 Whenever the uniform or official equipment is damaged in the performance of the employee’s duties it shall be replaced at no cost. Whenever civilian clothing, when the assigned duties require the wearing thereof, or personal equipment is damaged or stolen during the performance of an employee’s duties, the employee shall be reimbursed to the extent of the loss suffered in any sum not to exceed two hundred fifty dollars $250.00 per occurrence. ARTICLE 18- TRANSFERS AND COMPANY DETAILS Section 18.1 Transfers. A. Members at the rank of Fire Fighter PR and below shall not hold a permanent position. Members at the rank of Fire Fighter PR and below shall be assigned by the Fire Chief or his designee. Members at the rank of Fire Fighter PR shall be permitted to file transfer requests no sooner than thirty (30) days prior to their anticipated pay step up to Fire Fighter 1. Members at the rank of Fire Fighter PR and below shall not be considered for transfer to a permanent assignment prior to receiving a step up to Fire Fighter 1. Said transfers shall be in accordance with all other provisions of this Article. B. Engine, Ladder and ARFF Companies: When a transfer of a member to an Engine, Ladder or ARFF Company position is to be accomplished and when such is consistent with the effective and efficient operation of the Fire Department, the transfer to the position to be filled will be made from those personnel who requested it in writing. Such transfer shall be based upon seniority in grade. 30 C. Specialized Companies: When a transfer of a member to Engine 14, Heavy Rescue 14 o r Heavy Rescue 9 is to be accomplished and when such is consistent with the effective and efficient operation of the Fire Department, the transfer to the position to be filled will be made from those personnel who requested it in writing. Such transfer shall be based upon seniority in grade and certification or certification agreement (Appendix D), except that transfer to Engine 14 and the Bomb Squad shall be based upon certifications required of the specialized unit and at the Fire Chief’s discretion. Seniority shall be used as a tie-breaking factor of members with similar qualifications and competency. D. EMS Field Coordinators including, but not limited to, ALS 34: When a transfer of a member to an EMS Field Coordinator position is to be accomplished and when such is consistent with the effective and efficient operation of the Fire Department, the transfer to the position to be filled will be made from those personnel who requested it in writing and who also hold a State of Ohio paramedic certification. Such transfer shall be based upon seniority in grade. E. Other 48 Hour Positions including, but not limited to, Suppression District Chiefs: Notwithstanding the above, when the transfer of a member to any position that is to be assigned in the 48 hour work schedule, as set forth in Article 22, Section 22.2, is to be accomplished and when such is consistent with the effective and efficient operation of the Fire Department, the transfer to the position to be filled will be made from those personnel who requested it in writing. Such transfer shall be based upon seniority in grade. F. 40 Hour Positions: When a transfer of a member to a 40 hour position is to be accomplished and when such is consistent with the effective and efficient operation of the Fire Department, the transfer to the position to be filled will be made from those personnel who requested it in writing. Such transfer shall be based upon qualifications for the position. 34 The City shall post the list of qualifications for each position prior to the position being filled. G. Transfer Incentive: Members who agree to transfer to a firehouse which would, in the opinion of the Fire Chief, increase racial diversity at that house will be entitled to sell back up to four (4) holidays per year, in addition to that provided in Article 29, for each full year that they remain in such transfer assignment. Payment will be made on an hour for hour basis at the rate of pay in effect for the member. Members must make notification of their intent to sell holiday repay time back to the City by November 15 of each year and payment will be made the following January. A member shall be eligible for transfer incentive for a maximum of three (3) years. Section 18.2 Transfers and Vacation / Holiday. Members transferring or changing units shall retain their previously selected Vacation or Holiday assignments. Section 18.3 Members of the Fire Department shall be permitted to have on file, no more than five (5) transfer requests at any given time. A notice of receipt by the Personnel Bureau shall be sent to any member requesting transfer. Transfer requests shall be on file or rescinded in writing no less than ten (10) days (240 hours) prior to the effective date and time of transfer. Transfer requests by members who have been involuntarily transferred shall remain on file until rescinded in writing. Transfer lists shall be generated every 3 weeks and shall become effective every Unit 1 Sunday. Section 18.4 Upon written notification to the Fire Chief's office of a member’s intended separation, the vacancy shall be published to the members in a timely manner. 35 Section 18.5 No member shall be administratively transferred for disciplinary reasons. Administrative transfers deemed necessary by the Fire Chief shall be approved in advance by the member’s immediate supervisor, the member’s District Chief (if applicable), and the Personnel Bureau Assistant Chief. Administrative transfers may be appealed by the member to the Review Panel as provided in Article 6. The Fire Chief may also administratively transfer members when there is concern for the safety of a member, or when needed to diffuse or separate members for the safe and efficient management of the department. Members who are administratively transferred may not return to the assignment that they are transferred from for a period of two years. Section 18.6 Company Details. Members of the Cincinnati Fire Department who are detailed from one company to another must report to the new company at 0700 hours, provided the member has received 48 hours prior notice. Section 18.7 Transfer exchanges for forty-eight (48) hour Operations Bureau personnel shall be permitted on a basis of seniority and transfers on file. Section 18.8 After twenty (20) years of service to the Cincinnati Fire Department, members shall no longer be required to be detailed to a Medic Unit. Members may still voluntarily take details to a Medic Unit. ARTICLE 19- INJURY WITH PAY Section 19.1 A member disabled in the performance of his duty, including disabilities resulting from contagious diseases, shall, upon recommendation of the Employee Health Physician, be entitled to his salary in full for the period of disability not to exceed one (1) year. This period may be extended by the City Manager for up to one (1) additional year if the member is a bed 36 patient in the hospital or has a realistic prognosis of returning to duty during the second year. The member may submit for consideration medical records from member's personal/treating physician regarding IWP, and the Employee Health Physician shall include and consider these recommendations in IWP determination. Section 19.2 If the Employee Health Physician and the member's treating physician are in disagreement regarding a duty related injury determination, the City and the member will mutually select a third physician to resolve the disagreement as to whether the member's injury is work related. The cost of such evaluation and/or examination by the mutually agreed upon third physician shall be borne equally by the City and the member on a pre- paid basis. The decision of the third physician shall be final and binding upon the City, the Union and the member. Upon submission of a reoccurrence of an injury by a member, the city shall not deny IWP benefits solely on the basis of the denial of the original injury by EHS. Pending a final determination, the affected member may use SWP or, if SWP is exhausted, holiday, vacation or compensatory time. The third physician procedure shall not apply to occupational disease claims not related to a specific on duty incident or the member's ability to return to work on limited or unrestricted duty. Section 19.3 No time shall be deducted from a member's sick leave balance while he is on injury with pay. Members shall accumulate vacation and holiday credits while on injury with pay and shall be entitled credit toward Longevity and Service Requirement Allowance and Clothing Allowance. Section 19.4 If the disability for which the member was placed on injury with pay results in retirement, the member shall be permitted to cash in, at the rate of two (2) hours of sick leave 37 for one (1) hour of pay, that sick leave balance carried by the member at the effective date of separation from the Fire Department as recommended by the Employee Health Physician at the rate of pay in effect for the classification from which the member is retiring. In no case shall the member be permitted to cash in any more than 1,540 or 1,284 hours according to the member's work schedule. This clause shall not restrict the right of a member to use his sick leave on a day for day basis until it is exhausted. Section 19.5 Members of the Fire Department on injury with pay shall not accumulate sick leave time. Section 19.6 Members who are injured on duty and are treated by the Employee Health Physician or in a hospital emergency room shall be sent home that day. However, if it is the opinion of EHS that a member evaluated for a minor injury or possible exposure may return to full duty and the effected member concurs, the member shall return to work immediately. ARTICLE 20- SERVICE REQUIREMENT ALLOWANCE Section 20.1 Except as provided below, all members shall be entitled to compensation for any uniform item not provided by the quartermaster system, maintenance of uniforms, and use of personal items for authorized Fire Department duties, other incidentals, and occasional usage of personal automobiles by fire suppression members. The Service Requirement Allowance shall equal one and one-half percent (1.5%) of the base salary of the rank of Fire Fighter 4. Section 20.2 In case of death, retirement, dismissal, layoff or resignation, the employee shall be paid for the number of months worked on a pro-rata basis. Newly hired (FF-R) and rehired members shall be paid for the number of months worked on a pro-rata basis. Section 20.3 Payments shall be made annually on or before December 1. 38 ARTICLE 21- PERSONNEL SERVICE JACKET Section 21.1 Removal. A. Written Reprimands and Lesser Discipline: Upon written request from an employee Who has had no disciplinary actions within the last twelve (12) months, all disciplinary action less than a written reprimand shall be stricken from the company diary, the District Chief’s records and the employee’s personnel jacket. Upon written request from an employee who has had no disciplinary actions within the last two (2) years, all previous written reprimands shall be stricken from the company diary, the District Chief’s records and the employee’s personnel jacket. Records noted in this section shall not be considered in any future disciplinary action, provided that no subsequent disciplinary actions have occurred during the applicable period. B. Single Tour Suspensions or Equivalent Loss of Vacation or Holiday Time: Upon written request from a 48- hour employee who has had no disciplinary actions within the prior three (3) years, all records of single tour suspensions and lesser disciplines shall be stricken from the company diary, the District Chief’s records and the employee’s personnel jacket. Upon written request from a 40-hour employee who has had no disciplinary actions within the prior three (3) years, all previous disciplinary actions which are equivalent to a single tour suspension plus all lesser disciplines shall be stricken from the company diary, the District Chief’s records and the employee’s personnel jacket. Records noted in this section shall not be considered after three (3) years, in any future disciplinary action, provided that no subsequent disciplinary actions have occurred during that period. C. Multi-tour Suspensions or Equivalent Loss of Vacation or Holiday Time: Upon written request from a 48- hour employee who has had no disciplinary actions within the prior six 39 (6) years, all records of multi-tour suspensions and lesser disciplines shall be stricken from the company diary, the District Chief’s records and the employee’s personnel jacket. Upon written request from a 40-hour employee who has had no disciplinary actions within the prior six (6) years, all previous disciplinary actions which are equivalent to a multi-tour suspension plus all lesser disciplines shall be stricken from the company diary, the District Chief’s records and the employee’s personnel jacket. Records noted in this section shall not be considered after six (6) years, in any future disciplinary action, provided that no subsequent disciplinary actions have occurred during that period. D. Disciplinary Action Involving Serious Vehicular and/or Criminal Offenses: Upon written request from an employee who has had no disciplinary actions within the prior six (6) years, all records of disciplinary action involving serious vehicular and/or criminal offenses and lesser disciplines shall be stricken from the company diary, the District Chief’s records and the employee’s personnel jacket. Records noted in this section will not be considered after six (6) years, in any future disciplinary action, provided that no subsequent disciplinary actions have occurred during that period. E. Unsubstantiated Charges: Any charge or entries that are concluded to be unfounded, not substantiated or not sustained shall be destroyed and not entered in the employee’s service jacket. Section 21.2 Inspection by Employee. An employee shall be permitted to inspect and examine all copies, original included, of his service jacket once per calendar year. Employees may inspect their own service jacket upon written request to the Fire Department Personnel Officer. Section 21.3 No new form of disciplinary action will be created during the life o f 40 this agreement without prior agreement of the union. ARTICLE 22- HOURS OF WORK Section 22.1 The work week for all sworn employees assigned to a 40 hour work schedule shall be four (4) days a week, ten (10) hours a day. Any employee who is assigned to "on-call" status shall be furnished a city vehicle to carry out his duties, or compensated for the use of his private automobile at the same rates provided for in Article 32, Section 5 for use of their private automobiles while on city business. An employee while in the on-call status shall be granted compensatory time at the rate of one (1) hour compensatory time for each three (3) hours or portion thereof spent in the on- call status. Members called to duty while on call will receive pay for time worked at their regular hourly rate through the first eighty-six (86) hours in paid status during a pay period and at the overtime rate for hours worked thereafter. Section 22.2 The work week for all employees assigned to a 48 hour work schedule shall be a 24 hour tour of duty followed by 48 hours of continuous time off, and shall be granted every seventh working tour off so that after an employee's sixth tour of duty, he shall be granted 120 hours of continuous time off. Exceptions: A. Members assigned to Limited Duty from an on-duty injury shall be assigned to a work schedule of four (4) days a week, ten (10) hours a day. Members assigned to Limited Duty from an off-duty injury or illness shall be assigned to a schedule of five (5) days a week, eight (8) hours a day. B. In order to facilitate normal Fire Department operations, the workweek for a member may be altered due to transfer, Unit change or Kelly Day change. Said members shall 41 work six (6) tours in the 21-day FLSA cycle in which the transfer, Unit change or Kelly Day change occurs. C. By mutual agreement of the member and the Fire Chief or his designee, the normal schedule may be altered temporarily to accommodate a special circumstance or assignment. Section 22.3 In the event of an emergency, the City retains full authority to adjust the workday, workweek, or vacation / holiday schedule as it deems necessary for an adequate response to the emergency condition. ARTICLE 23- LABOR-MANAGEMENT RELATIONS Section 23.1 In the interest of furthering harmonious relations, the Executive Board of Local 48 and the Fire Department Administration shall meet no less than quarterly during the year. These meetings shall be for the purpose of discussion of issues relating to the Fire Department and its relationship with the Union. Either side shall notify the other at least fourteen (14) days in advance of the date of the meeting and exchange an agenda of the items that side intends to discuss. Section 23.2 The Fire Department shall notify the Union of any new issue of, revision or amendment to Fire Department rules, regulations, memorandums, General Orders or Procedures Manual changes that would affect any Article of the Labor-Management Agreement. Upon written request of the Union, the Fire Department and the Union shall meet and confer concerning such proposals prior to implementation. The Union shall make such written request within fourteen (14) calendar days of said notification. Upon Fire Department compliance with this provision, nothing shall restrict the right of the Fire Department to implement such changes so long as they do not violate any provision of this 42 Agreement. Changes necessitated by emergency conditions may be temporarily imposed until the conditions of this provision have been met. Section 23.3 Local 48 and the City shall establish a Labor-Management Committee (“LMC”). The LMC shall be comprised of at least five (5) representatives of Local 48, who shall be appointed by the Executive Board, and at least five (5) representatives from the City, who shall be appointed by the City Manager. The LMC shall meet at least quarterly and address issues of significant concern to Local 48 and/or the City. The principles of the Interest Based Bargaining model will be employed as the means for problem solving and a mutually agreed upon mediator may be utilized. The LMC shall be empowered to monitor contractual compliance, to resolve issues, to recommend resolutions of issues, or to identify contractual issues that may be deferred for future negotiations. It is the intent of this article and the LMC to enhance labor-management relations by providing a forum that seeks to resolve issues based on the common interest of both parties. ARTICLE 24- TRADING OF TOURS Subject to the provisions listed below, members of the Cincinnati Fire Department shall have the discretion of originating trades. For purposes of this article, a full tour is defined as 24 consecutive hours. Kelly Days shall not be considered as tours of trade. A. Members shall have the right to trade up to four (4) consecutive full tours, limited to six (6)- four (4) consecutive full tour trades per year. Trades longer than four (4) consecutive full tours may be approved by the Fire Chief or his designee. B. Three (3) calendar days notice shall be required for partial, one (1) and two (2) tour trades and shall be submitted to the District Chief. C. More than two (2) tours of trade shall require a six (6) calendar days notice and shall 43 be approved by the Fire Chief or his representative. D. Trades shall be made on a rank for rank basis with the exception of Lieutenants and Captains. E. Members on holiday or vacation leave shall be permitted to trade with other members. F. Members shall be permitted to trade before and/or after beginning or ending holiday or vacation leaves. G. Members who have been scheduled to attend Fire Department training programs shall not be permitted to trade tours when they are scheduled to attend such sessions. H. Any member who cannot fulfill an obligated trade due to injury or illness shall notify the District Chief and obtain a medical verification of injury or illness. The physician’s verification of injury or illness must be obtained three days prior to, or three days after the day the member requested sick leave. The verification must be submitted within 14 days from the date the member returns to duty. An approved physician’s verification of illness or injury shall consist of one of the following: 1. A note on a Doctor’s letterhead or prescription pad that stated the member was seen and was ill or injured. There must also be a printed, stamped, or signed name of the physician or physician’s assistant on the verification. 2. An Explanation of Benefits Form (EOB) from the current health insurance provider. The diagnosis code may be blacked out. 3. A form WH-380 verifying FMLA, for each instance. 4. Any other mutually agreed upon form during the life of this agreement. I. Any member who becomes aware, at least twenty-one (21) days in advance of a scheduled trade, that he cannot fulfill the trade obligation shall notify the member 44 initiating the trade and the initiating member’s District Chief at least 21 days in advance of the traded tour, and such trade shall be considered cancelled. The initiating member shall confirm cancellation of the trade with his District Chief. J. Upon two (2) occurrences of a failure to fulfill an obligated trade within a twelve (12) month period, the member’s trade privilege may be revoked for twelve (12) months from the date of the second occurrence. Members losing trade privileges may not originate trades or participate in new trades, but are responsible for repayment of trades. Members who fail to fulfill two (2) or more trade obligations due to the same injury or illness may appeal the twelve (12) month trade revocation to the Human Resources Bureau Assistant Chief for reinstatement of trade privileges. K. Any member who agrees to a trade and is absent or late in reporting to duty for reasons other than those stated in Paragraph H shall be considered AWOL. L. District Chiefs shall have full discretion to approve all emergency trades [trades arranged less than seventy-two (72) hours in advance] and, if approved, the member initiating the emergency trade shall not be subject to discipline. M. District Chiefs shall have full discretion in the scheduling of missed trade obligations. ARTICLE 25- LONGEVITY PAY All sworn members of the Cincinnati Fire Department shall be paid compensation for length of continuous service in the employment of the City of Cincinnati as follows: A. After completion of eight (8) years of continuous service, the sum of $800.00 per annum. B. After completion of fourteen (14) years of continuous service, the sum of $900.00 per annum. 45 C. After completion of twenty (20) years of continuous service the sum of $1,300 per annum. Said compensation for length of service shall be included in salary and shall be paid on or before the first day of December of each year, beginning with the calendar year in which the employee completes on or before December 31 a term of service set forth in items (A), (B), and (C) above. In case of death, retirement, resignation, layoff or dismissal, the employee shall be paid for the number of months on the payroll on a prorated basis. ARTICLE 26- CONTINUING EDUCATION Section 26.1 Paramedics Each member holding paramedic certification will be compensated for off duty time to attend in-house continuing education as outlined in the Labor-Management Agreement, Article XI, Section 2,A.(6). Each member holding paramedic certification shall be given the opportunity to earn a minimum of 36 hours of overtime pay per calendar year, for in-house Paramedic Continuing Education. The member may elect to take overtime pay as compensatory time. In- house Paramedic Continuing Education must be approved by the Fire Chief or his designee. ARTICLE 27- UNION SECURITY Section 27.1 The Director of Finance is hereby authorized to deduct union dues from the salary or wages of any Fire Department employee who belongs to Local 48 in accord with a written authorization filed with the Director of Finance requesting such deduction. Said authorization shall remain in effect unless revoked in writing by the member. Upon such revocation, the Director of Finance shall notify Local 48 that the authorization for union dues deduction is no longer in effect. 46 A. The Director of Finance shall promulgate rules and regulations for the administration of this voluntary check-off of wages, including, but not limiting it to, the preparation of necessary forms and the times for filing of the authorization for the deductions or the time for the filing of the cancellation of a deduction. B. There shall be no cost to the Union for the collection of dues and the collected monies, in an amount equal to what is collected, shall be sent to the Union as soon as possible following the date that such dues deductions were made. C. There shall be provided, at no cost to the Union, six (6) payroll deduction fields for the purpose of consensual assessment of the membership. The assessment process will fall within the parameters delineated in the aforementioned sections of this article. The collection and expenditure of funds will be ethical and lawful in accordance with Federal Law, State Law and the City Charter, Ordinances or Administrative Code. Section 27.2 Fair Share Fee. For any period of time that Fair Share fees are determined to be unlawful, the following section shall not apply. A. All employees in the bargaining unit who are not or who do not become members in good standing of the Cincinnati Fire Fighters Union Local 48, International Association of Fire Fighters, shall pay a fair share fee to the Union effective the employee’s date of hire. Local 48 shall certify to the City annually during the term of the Agreement the fair share fee for applicable non-member employees of the Fire Department. The monthly fair share fee shall be certified to the City Treasurer by the Union. B. The fair share fee shall be deducted by the City and remitted during the same period as Union dues are remitted, at no cost to the Union. 47 C. The deduction of the fair share fee from the earnings of the employee shall be automatic and does not require a written authorization for payroll deduction. Payment of fair share fees shall be made in accordance with this Article and with the provision of Ohio Revised Code §4117.09(C). i. Local 48 will indemnify and save the City harmless from any action commenced by an employee against the City, or the City and the Union jointly, arising from the deduction of the fair share fees as agreed in this Article, subject to the following provision: the City promptly notifies the Union of any claim made against the City; ii. the City permits the Union to undertake the defense of any claim; iii. this Agreement does not indemnify against unlawful conduct by the City. ARTICLE 28- SICK LEAVE WITH PAY Section 28.1 All 40 hour employees of the Cincinnati Fire Department shall accrue four (4) hours sick leave per pay period and all 48 hours employees of the Cincinnati Fire Department shall accrue 4.8 hours sick leave per pay period. There shall be no restriction as to the number of sick leave hours a member may accumulate. Section 28.2 Sick leave shall be granted for the following reasons: A. SWP: Any physical or mental disability not willfully or intentionally provoked by the member, preventing the performance of his duties. B. SWP-Q (Quarantine): Exposure to contagious diseases which result in official quarantine. 48 C. SWP-F (Family): To care for a sick member of the immediate family. Such time shall not exceed twenty-four (24) hours per illness or instance. D. SWP-M (Maternity): In the event that a member gives birth, the City's maternity leave provisions shall prevail. In the event of a birth, the father may take up to twenty-four (24) hours of leave time on the day of the birth or the day following the birth and up to twenty- four (24) hours on the day of discharge (of the mother or child) from the hospital or the day following, provided that they are working days for the member. This leave time will be charged to SWP, vacation or holiday repay time at the discretion of the member and is limited to 48 hours per birth incident. Parental Leave: Members covered under this Agreement shall be eligible for Parental Leave under the City’s Parental Leave Policy 4.7 (Revised 1/1/16). If the City’s Parental Leave Policy is terminated at any time, the parties will revert back to the language above. If the City’s Parental leave Policy is amended at any time, the union may elect to retain the amended policy or revert back to the language above. Under no circumstances will a member receive the Parental leave benefit and the forty-eight (48) hours off under SWP- M above. E. SWP-A (Adoption): In the event that a member adopts a child under the age of twelve (12) years, the City’s adoption provisions shall prevail. In the event of adoption, the member may take up to twenty-four (24) hours of leave time on the day that the child is brought home, provided that it is a working day for the member. This leave time will be charged to SWP, vacation or holiday repay time at the discretion of the member and is limited to twenty-four (24) hours per adoption. Parental Leave: Members covered under this Agreement shall be eligible for Parental 49 Leave under the City’s Parental Leave Policy 4.7 (Revised 1/1/16). If the City’s Parental Leave Policy is terminated at any time, the parties will revert back to the language above. If the City’s Parental leave Policy is amended at any time, the union may elect to retain the amended policy or revert back to the language above. Under no circumstances will a member receive the Parental leave benefit and the forty-eight (48) hours off under SWP- A above. F. Members on vacation or holiday leave may elect to revert to SWP when hospitalized. G. In emergency situations, additional sick leave may be granted upon approval of the Human Resources Bureau Assistant Chief or his designee. Section 28.3 Members who are absent due to the provisions of Section 28.2 shall make notification to their immediate supervisor no later than 0615 hours on his duty day. Section 28.4 Members reporting a SWP incident are not required to report such an incident to a city-approved licensed health care provider, except as provided in Section 28.5 and 28.11. Furthermore, members returning from SWP are not required to report to or be evaluated by a city-approved licensed health care provider. Section 28.5 A member with four (4) or more instances or greater than seventy-two (72) hours of sick leave usage (SWP and/or SWP-F) within a rolling twelve (12) month period shall be required to provide a physician’s verification of injury or illness. For SWP leave, a city- approved licensed health care provider shall provide the physician’s verification of injury or illness. For SWP-F leave, a licensed health care provider of the family member shall provide the physician’s verification of injury or illness. A “serious health condition” as defined under FMLA shall not count as an instance or hours of sick leave usage unless the member is the patient. 50 SWP-M, SWP-A, and SWP-D shall not be considered instances for the purposes of this section. For members on limited duty that use SWP for the purposes of care or rehabilitation that is directly related to the reason for their limited duty, such time will be considered one (1) instance. The physician’s verification of injury or illness must be obtained three days prior to, or three days after
