KCFD CBA Final 2021-2024 executed PDF

COLLECTIVE BARGAINING AGREEMENT BETWEEN CITY OF KANSAS CITY, MISSOURI AND INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL NO. 42 2021-2024 TABLE OF CONTENTS PREAMBLE.............................................................................................................................1 ARTICLE I – RECOGNITION AND UNION SECURITY................................................2 Section 1. Recognition........................................................................................................2 Section 2. Union Security...................................................................................................2 Section 3. Dues Deduction..................................................................................................2 Section 4. Release from Duty.............................................................................................3 Section 5. Notification of Rules..........................................................................................4 Section 6. Communications................................................................................................4 Section 7. Access to Information........................................................................................4 Section 8. Pilot Programs...................................................................................................5 Section 9. Direct Deposit....................................................................................................5 Section 10. Bulletin Boards.................................................................................................6 ARTICLE II – MANAGEMENT RIGHTS AND NO-STRIKE.........................................7 Section 1. Management Rights...........................................................................................7 Section 2. Labor Management............................................................................................7 Section 3. Limitations.........................................................................................................8 Section 4. No-Strike Clause................................................................................................8 Section 5. Subcontracting...................................................................................................9 Section 6. KCFD Rules and Orders....................................................................................9 ARTICLE III – SENIORITY...............................................................................................10 Section 1. Vacation...........................................................................................................10 Section 2. Bids, Transfers, Promotions, Demotions.........................................................10 Section 3. Resignation and Termination...........................................................................10 Section 4. Adjusted Seniority...........................................................................................11 Section 5. Fire Department Probationary Period..............................................................11 ARTICLE IV – STAFFING, VACANCIES AND TRANSFERS......................................12 Section 1. Staffing............................................................................................................12 Section 2. Vacancies – Firefighting Ranks.......................................................................13 Section 3. Vacancies – Higher Ranks...............................................................................13 Section 4. Temporary Service Out of Rank......................................................................14 Section 5. Bargaining Unit Promotions............................................................................15 Section 6. Continuous Promotional Lists.........................................................................17 Section 7. Transfers..........................................................................................................17 Section 8. Miscellaneous Transfers..................................................................................21 Section 9. Assignment and Use of Floaters......................................................................22 Section 10. Part-Time Personnel.......................................................................................22 Section 11. City Position Review Committee....................................................................22 Section 12. Fire Fighter Paramedic Apprentice Program..................................................23 ARTICLE V – GENERAL PROVISIONS..........................................................................24 Section 1. Duties...............................................................................................................24 Section 2. Positions Held by Non-Fire Fighting Employees............................................25 Section 3. Ready Time......................................................................................................26 Section 4. Training and Inspection...................................................................................27 Section 5. Procedure for Determining Value of Accumulated Sick Leave and Vacation Hours on Termination or Retirement..............................................................29 Section 6. Computation of Hours of Vacation and Sick Leave.......................................29 Section 7. Employee Health and Wellness......................................................................30 Section 8. Driver’s License..............................................................................................30 Section 9. Licensure.........................................................................................................30 Section 10. Diversity and Recruitment Officer.................................................................31 Section 11. Diversity, Recruitment, and Sexual Harassment Training.............................31 ARTICLE VI – HOURS AND OVERTIME.......................................................................33 Section 1. Hours................................................................................................................33 Section 2. Trading Time...................................................................................................34 Section 3. Hours and Overtime.........................................................................................34 Section 4. Work Region and Specialized Unit Overtime.................................................36 Section 5. Callback Pay....................................................................................................39 Section 6. Court Appearances...........................................................................................39 ARTICLE VII – VACATIONS, HOLIDAYS AND SPECIAL LEAVES........................41 Section 1. Vacation...........................................................................................................41 Section 2. Holidays...........................................................................................................42 Section 3. Funeral Leave..................................................................................................43 Section 4. Educational Leave...........................................................................................44 Section 5. Personal Leave.................................................................................................44 Section 6. Jury Service Leave...........................................................................................44 Section 7. Pregnancy Leave..............................................................................................44 Section 8. Parental Leave..................................................................................................45 Section 9. Military Leave..................................................................................................46 ARTICLE VIII – CLOTHING ALLOWANCE.................................................................48 Section 1. Uniforms..........................................................................................................48 Section 2. Tool Allowance...............................................................................................48 ARTICLE IX – INSURANCE AND PENSION..................................................................49 Section 1. Insurance..........................................................................................................49 Section 2. Benefits & Insurance Committees...................................................................49 Section 3. Retiree Health Insurance..................................................................................50 Section 4. PEHP................................................................................................................51 Section 5. Pension Rights.................................................................................................52 Section 6. Ambulance Service Membership.....................................................................53 Section 7. Health and Wellness Credit..............................................................................53 ARTICLE X – SICK LEAVE...............................................................................................54 Section 1. Amount............................................................................................................54 Section 2. When Taken.....................................................................................................54 Section 3. Accrual.............................................................................................................56 Section 4. Sick Leave Conversion....................................................................................56 Section 5. Sick Leave Accrual Incentive Program...........................................................56 ARTICLE XI – INJURIES ON JOB....................................................................................57 Section 1. Injuries............................................................................................................57 Section 2. Medical Care for Injuries................................................................................58 Section 3. Standards of Care............................................................................................60 Section 4. Health, Safety, and Wellness Programs & Policies........................................60 Section 5. Administration................................................................................................60 Section 6. Additional Resources......................................................................................60 Section 7. Notice of Availability.....................................................................................61 Section 8. Return to Duty................................................................................................61 Section 9. Special Supplemental Benefits for Members with Hepatitis C......................62 Section 10. COVID-19 Coverage......................................................................................65 ARTICLE XII – PAY............................................................................................................66 Section 1. Wages..............................................................................................................66 Section 2. Wage Scales.....................................................................................................66 Section 3. Exceptional Service Increases.........................................................................66 Section 4. Special Duty, Assignment & Certification Pay...............................................67 ARTICLE XIII – LOGISTICS AND FLEET.....................................................................70 Section 1. Workweek........................................................................................................70 Section 2. Seniority...........................................................................................................70 Section 3. Annual Service Ratings...................................................................................70 Section 4. Shifts Schedule and Bidding............................................................................71 Section 5. Breaks..............................................................................................................71 Section 6. Emergency Supply Technicians (EST) Shift Differential...............................72 Section 7. Job Classification /Ranked Positions...............................................................72 Section 8. Promotions and Vacancies...............................................................................72 ARTICLE XIV – COMMUNICATIONS DIVISION........................................................73 Section 1. Workweek and Staffing...................................................................................73 Section 2. Annual Service Ratings...................................................................................74 Section 3. Shift Schedule and Bidding.............................................................................74 Section 4. Promotions and Temporary Service Out of Rank............................................74 Section 5. Breaks..............................................................................................................75 Section 6. Training............................................................................................................75 Section 7. Sick Leave.......................................................................................................76 Section 8. Shift Differential..............................................................................................76 Section 9. Vacation...........................................................................................................77 Section 10. Trading Time..................................................................................................77 Section 11. Working Out of Class.....................................................................................77 Section 12. Promotions and Vacancies..............................................................................77 Section 13. Certified Eligible Personnel............................................................................77 Section 14. Bidding into Communications Center.............................................................78 ARTICLE XV – TRAINING ACADEMY..........................................................................80 Section 1. Workweek........................................................................................................80 Section 2. Job Classification/Ranked Positions................................................................80 Section 3. Temporary Service Out of Rank......................................................................80 Section 4. Mileage............................................................................................................80 ARTICLE XVI – COMMUNITY RISK REDUCTION....................................................81 Section 1. Seniority...........................................................................................................81 Section 2. Mileage...........................................................................................................81 Section 3. Workweek........................................................................................................81 Section 4. Staffing............................................................................................................81 Section 5. Trainings..........................................................................................................82 Section 6. Fire Education Specialist.................................................................................82 Section 7. Miscellaneous..................................................................................................82 Section 8. Promotions and Vacancies...............................................................................83 Section 9. Certified Eligible Personnel.............................................................................83 ARTICLE XVII – ARFF DIVISION...................................................................................85 Section 1. Separate Divisions...........................................................................................85 Section 2. Minimum Staffing at KCI Airport...................................................................85 Section 3. Vacancies.........................................................................................................85 Section 4. Certified Eligible Personnel.............................................................................85 Section 5. Training Officer...............................................................................................86 ARTICLE XVIII – GRIEVANCE PROCEDURE.............................................................87 Section 1. Member Grievances.........................................................................................87 Section 2. Union Grievances............................................................................................88 Section 3. Grievances Arising from Disciplinary Action.................................................88 Section 4. Disciplinary Grievances of Newly Hired Employees......................................89 Section 5. Final Resolution...............................................................................................89 ARTICLE XIX – DISCIPLINARY PROCEEDINGS.......................................................91 Section 1. Investigatory Interviews..................................................................................91 Section 2. Discipline.........................................................................................................91 Section 3. Grievances and Other Appeals of Disciplinary Matters..................................92 Section 4. Pre-Determination Hearings............................................................................92 Section 5. Other Representation........................................................................................92 ARTICLE XX – LABOR / MANAGEMENT COMMITTEE..........................................94 ARTICLE XXI – REDUCTIONS IN FORCE....................................................................95 Section 1. Reductions.......................................................................................................95 ARTICLE XXII – AFFECTED BENEFITS.......................................................................95 ARTICLE XXIII – SAVINGS CLAUSE.............................................................................95 ARTICLE XXIV – TERM OF AGREEMENT..................................................................96 Section 1. Term of Agreement..........................................................................................96 Section 2. Negotiations of New Agreement.....................................................................96 ARTICLE XXV – IMPASSE PROCEDURE......................................................................97 Section 1. Mediation and Arbitration Procedures in Case of Impasse.............................97 Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Mediation Period.............................................................................................97 Arbitration.......................................................................................................97 Hearings...........................................................................................................98 Final Decision..................................................................................................98 Costs................................................................................................................98 Continuation of Agreement.............................................................................98 APPENDIX A – WAGES......................................................................................................99 APPENDIX B – DRUG & ALCOHOL MISUSE POLICY.............................................103 I. Statement of Policy.............................................................................................103 II. Definitions...........................................................................................................104 III. Prohibitions.........................................................................................................109 IV. Special Prohibition..............................................................................................110 V. Testing.................................................................................................................110 VI. Types of Testing..................................................................................................110 VII. Procedures for Obtaining Test Samples..............................................................115 VIII. Reporting Test Results........................................................................................119 IX. Disposition of Cases............................................................................................121 X. Prescription/Over-the-Counter Drugs.................................................................126 XI. Search and Seizure..............................................................................................126 XII. Test Accuracy and confidentiality.......................................................................126 XIII. Employee Assistance Program............................................................................127 Consent and Release Form for Drug/Alcohol Test Program..................128 Employee Notification............................................................................129 APPENDIX C – PAYROLL DEDUCTION AUTHORIZATION FORM.....................130 APPENDIX D – BEHAVIORAL HEALTH PROGRAM................................................131 I. Compensation......................................................................................................131 II. Scope of Services................................................................................................132 III. Effective Date & Term of Agreement.................................................................132 IV. Indemnification...................................................................................................132 V. Indemnification for Professional Negligence......................................................133 VI. Independent Contractor.......................................................................................133 VII. Insurance.............................................................................................................133 VIII. Governing Law....................................................................................................134 IX. Compliance with Laws........................................................................................135 X. Termination.........................................................................................................135 XI. Default & Remedies............................................................................................135 XII. Waiver.................................................................................................................135 XIII. Modification........................................................................................................136 XIV. Severability of Provisions...................................................................................136 XV. Records................................................................................................................136 XVI. Assignability.......................................................................................................136 XVII. Subcontracting.....................................................................................................137 XVIII. Notices.................................................................................................................137 XIX. Effective Date......................................................................................................138 XX. Modification of Agreement.................................................................................138 APPENDIX E – LABOR/MANAGEMENT PARTNERSHIP AGREEMENT.............141 I. Introduction.........................................................................................................141 II. Statement of Philosophy & Purpose....................................................................142 III. Ground Rules......................................................................................................142 IV. Communications.................................................................................................146 V. Training & Support.............................................................................................147 VI. Parties to Agreement...........................................................................................147 2021-2024 PREAMBLE This Collective Bargaining Agreement (Agreement) has been developed by Local Union No. 42 of the International Association of Fire Fighters, AFL-CIO-CLC, herein called the "Union," and the City of Kansas City, Missouri, herein called the "City," through the City Manager, in recognition of the Union’s status as the exclusive bargaining representative of certain members of the City’s firefighting and emergency services personnel. This Agreement has as a primary purpose the promotion of harmonious relations between the City, the Union, and the firefighters and emergency services personnel, as well as the establishment and administration of an agreement covering all rates of pay, hours of work, and terms and conditions of employment applicable to bargaining unit employees during the term of this Agreement. Pursuant to this Agreement, the parties are also committed to encouraging and improving productivity, advancing and improving worker and public safety, and, consistent with this agreement, preventing interruptions of work and interference with the operations and public safety of the City. By this Agreement, the Union and the City agree to comply with the provisions herein which are applicable. The City Manager agrees that the provisions included herein which can be accomplished by administrative action and which are not in conflict with existing administrative regulations are in effect immediately. The City Manager agrees that the provisions which can be accomplished by administrative action, but which are in conflict with existing administrative regulations, shall be in effect as soon as it is practicable to draw revised administrative regulations. Existing regulations will be reviewed within 30 days to identify and change any regulations which may require change to conform to this Agreement. The City Manager further agrees that provisions herein which require action by the City Council shall be submitted to the Council as soon as the appropriate ordinances or resolutions can be prepared. An attempt has been made to remove all single gender references in this document. To the degree any single gender references remain, they are intended to apply equally to both genders. Additionally, references in this document to “member” or “members” refer to members of a bargaining unit represented by the Union. 1 ARTICLE I. RECOGNITION AND UNION SECURITY Section 1. Recognition The City recognizes the Union as the exclusive bargaining representative for all Fire Fighters, Fire Apparatus Operators, Captains, Communication Specialists, Communication Supervisors, Fire Prevention Inspectors, Investigators, Education Specialists, Emergency Medical Technicians, Emergency Response Vehicle Technicians, Emergency Supply Technicians, Paramedics, Fire Fighter/Paramedics, Fire Fighter/EMT’s and all uniformed employees in the Fire Department in all divisions in all ranks equal to or below the rank of Captain. Section 2. Union Security The City will not discharge or discriminate against members of Local No. 42 because of membership in Local No. 42 or because of lawful Union activities. The Union and its members agree they will at all times properly and to the best of their abilities respond to all fire, rescue, and emergency medical calls, maintain all fire equipment, and otherwise perform their assigned duties without interruption, interference or other disruption. The City and the Union agree not to discriminate against members because of race, religion, color, ancestry, national origin, sex, disability, marital status, familial status, genetic identity, gender identity, military service status, sexual orientation, or membership in any other protected category under the law. Section 3. Dues Deduction A. The City shall deduct Union dues, fees and assessments in the amount appropriately established by Local No. 42, from the salaries of those members of Local No. 42 who authorize such deduction, in writing (pursuant to the authorization form attached hereto as Appendix C). Dues deduction authorizations shall be irrevocable for one (1) year or the expiration of this Agreement, whichever occurs first. Revocation of authorization must be in writing, with a copy to the Union and the City and shall be in accordance with the procedure set forth in the authorization forms. Dues so deducted will be forwarded to the Secretary-Treasurer of Local No. 42. If there is a violation of Article II, Section 2 of this Agreement, the City may discontinue dues deduction. B. The City will also provide payroll deduction to members for FIREPAC 42 (or other 2 political action committee identified by the Union), from the salaries of those members of Local 42 who authorize such deduction, in writing (pursuant to the authorization form). Section 4. Release from Duty The Union may designate a maximum of eight (8) Union representatives to be relieved from their normal duty assignment, on pay status, to perform duties within KCFD such as participation in the Labor-Management Partnership program (hereinafter also referred to “labor-management program”), disciplinary proceedings, legal interviews, grievance management, fact-finding representation, and labor negotiations. During such periods, minimum staffing will be maintained. The Union agrees that such duties will be conducted between the hours of 0700 and 2100, within the Kansas City Metropolitan area, unless otherwise agreed to by the Fire Chief or his or her designee. In addition, the President and one (1) additional Local 42 Representative will be on full release, to conduct Union business. These two (2) Representatives will be placed in Floating Positions and one (1) of them must be available to attend meetings or conduct business with Fire Administration. The provisions of this paragraph may be restricted in the event the Union withdraws from or fails to participate in the agreed upon labor-management program. The City further agrees that members assigned to Labor Management Committees or Project Teams shall be released from duty to attend meetings of labor management committees identified and recognized in this Agreement, to attend meetings of committees subsequently identified and recognized by the Union and the Fire Chief and to attend any other meetings, when requested to do so by the Fire Chief. Such members shall be released from duty so long as such release does not cause the Department to fall below minimum staffing, take units out of service, or hire replacements. This paragraph shall become inoperable in the event that the agreed upon labor-management program is no longer in effect. Under Article XX, Section 6, which provides that “the parties may adopt mutually agreeable alternative committee structures and procedures,” Fire Administration and the Union have currently agreed to operate its labor-management program under the PARTNERSHIP AGREEMENT FOR THE KANSAS CITY, MISSOURI, FIRE DEPARTMENT LABOR/MANAGEMENT STEERING COMMITTEE (set forth in Appendix E). 3 The Union and the City agree that the accommodations established under this Section shall not be abused. Section 5. Notification of Rules The Union shall be provided a copy of any new rule, directive or procedure which is issued in writing ten (10) calendar days before it becomes effective, where practical. The Union shall have the opportunity to discuss such rule with the Chief as soon as the changes are received. The Union shall have the right to grieve the implementation of any changes at the time they are issued under the provisions of this Agreement. Section 6. Communications The Fire Department will provide and install necessary software on up to seven (7) personal computers designated by the Union that will allow the Union single user access to the “KCFD Info” folder that resides on the Fire Department server. The Union may, consistent with single user access and at the Union’s expense, install the referenced software on additional Union designated personal computers. All applicable city policies will be adhered to regarding this software application. The Union will be allowed to issue 10/2 communications and other electronic communications with the prior approval of the Chief of the Fire Department or the Fire Chief’s designated representative, provided such communications are not in conflict with Fire Department policies. The Communications Division shall notify the Union Hall by e-mail, 10-2 or other means agreed upon by the parties of any 10-2 on the day it is transmitted. In the event of a member of the bargaining unit is injured, the Communications Division will notify such officers as designated by the Union, as soon as possible, via page or text messaging. A list of the designated Union officers, including their shift assignments, will be provided to the Communications Division and updated as needed to keep current. This notification process may be modified through the Labor-Management process. Section 7. Access to Information The City agrees to provide the Union when requested, but not more than once a month, with copies of the computer reports setting forth the Bargaining Unit personnel assignment roster, the alphabetical listing providing station location, home address, telephone number and the seniority list 4 by classification. The Fire Department, in recognition of the Union’s status as the Exclusive Bargaining Agent of each member, shall provide the Union with the information the Union needs to discharge its representational duties as the Exclusive Bargaining Representative. Such information includes, but is not limited to the following: bargaining unit personnel files; information related to health and safety (including member injury reports); information related to any and all investigations (including investigatory reports and summaries) of bargaining unit members; information related to employee discipline; etc. The Union recognizes the sensitive nature of certain employee files and thus agrees that such files and the information contained therein will not be unnecessarily disclosed, except as necessary for the Union to meet its representational duties. In addition, the Fire Department will also grant, at the request of the Union, management level access to the Telestaff system (or applicable staffing/rostering software) to officers of the Union. It is understood that Union access shall be viewable permission and that the Union does not have permission to override or set limits to the software, or modify/change the information or data in the system. Section 8. Pilot Programs Nothing in this Agreement will be construed to limit the parties’ ability to implement temporary “pilot programs,” so long as such “pilot programs” are approved through the Labor Management Partnership process. Approved “pilot programs” are authorized by and will be deemed to be in accordance with this Agreement. Section 9. Direct Deposit All employees shall be paid via direct deposit, except those employees who elect to be paid via a pay card. All fees or charges associated with the pay card shall be made available to the Union and employee for review prior to the employee’s election or any change to the associated pay card. There shall be no fee or charge to the employee associated with the initial issuance of the pay card, nor shall the employee be charged any fee to use the card to make a single “lump sum” withdrawal of his or her pay once per pay period, at any bank that performs cash advances for Visa. If there is a change in the bank chosen by the City the Union and the employee will be notified prior to the aforementioned change. The City shall provide paper printouts of pay advice statements which will be delivered to the employee’s worksite via the chain of command. Pay advices shall also be 5 available electronically through the PeopleSoft system. Section 10. Bulletin Boards It is understood that I.A.F.F. Local 42 may use City bulletin boards in Fire Department space for the purpose of posting Union notices to Union members, provided that such notices be clearly identified as Union notices and that such notices are not in conflict with City policies. Additionally, the Union may use the Fire Department electronic communication system for the transmission of Union information. Such use must otherwise comply with the City’s electronic mail and communications policy. 6 ARTICLE II - MANAGEMENT RIGHTS AND NO-STRIKE Section 1. Management Rights The City possesses the sole right to operate and manage the Fire Department together with all management rights except to the extent such rights are limited by the express provisions of this Agreement Such rights include, but are not limited to: A. To determine the mission of the Fire Department; B. To direct the work forces; C. To hire, assign, or transfer employees; D. To determine the methods, means and number of personnel needed to carry out the mission of the department; E. To discipline or discharge for just cause; F. To change existing equipment, methods or facilities; G. To introduce new or improved equipment, methods or facilities; H. To take whatever actions may be necessary to carry out the mission of the department. It is also recognized that the City Charter gives the Chief of the Fire Department the power and duty to prescribe rules and regulations consistent with the Charter and applicable ordinances. The Chief of the Fire Department, Assistant Chief of the Department, and Director of Human Resources may delegate any of the authority or responsibility referenced in this Agreement to an authorized representative. Section 2. Labor Management The City and the Union agree the Labor Management Partnership and the Committees and activities within the Agreement shall be directed toward issues of mutual concern. While the issues mutually agreed upon to be addressed by the Committee shall not otherwise be limited, the Committee recognizes that it may not alter, amend or negate any provision of an existing collective bargaining agreement, except by proper means and with proper authorization. Additionally, the Committee may 7 not implement any decision that would impose additional budgetary costs to the Fire Department or City, without proper authorization. Participation in the Committee, by the parties, Fire Administration, Local 3808 and Local 42, is voluntary. Any party may withdraw from the Committee at any time by providing written notice to the other parties. Further, as noted above, only those issues agreeable to all parties shall be addressed. Section 3. Limitations The exercise of the foregoing powers, rights, authorities, duties and responsibilities by the City, and the adoption of policies, rules, regulations and practices in furtherance thereof, shall be limited by the specific and express terms of this Agreement. In the event of a conflict between a specific and express term of this Agreement and any rule or regulation prescribed by the Director of Human Resources or Chief of the Fire Department, the Agreement shall take precedence. Failure of the City to exercise its Management Rights, as enumerated above, does not diminish or abrogate the exercise of such Management Rights consistent with this Agreement. The exercise of the foregoing powers, rights, authorities, duties and responsibilities by the City, and the adoption of policies, rules, regulations and practices in furtherance thereof, shall be limited by the specific and express terms of this Agreement. In the event of a conflict between a specific and express term of this Agreement and any rule or regulation prescribed by the Director of Human Resources or Chief of the Fire Department, the Agreement shall take precedence. Failure of the City to exercise its Management Rights, as enumerated above, does not diminish or abrogate the exercise of such Management Rights consistent with this Agreement. The parties acknowledge and agree that there are certain duties and responsibilities that are imposed upon the City by virtue of state and federal laws and regulations, which may not be diminished or restricted by the provisions of this or any other agreement. Accordingly, nothing in this Agreement shall be construed to limit, restrict, or otherwise obviate such duties and/or responsibilities. Section 4. No-Strike Clause The Union and its members agree that there will be no strikes, work stoppages, slowdowns, sit downs, refusal to perform work or job action of any kind or any other concerted interference with City operations or use of concerted picketing action directed toward City operations during the term of this Agreement. It is understood that any such concerted job action, such as a strike, work 8 stoppage, slow down, refusal to perform work or other such concerted job action, that violates Missouri law, may result in discipline, up to and including termination. Nothing contained in this Agreement shall preclude the City from obtaining judicial restraint, damages, or other relief in the event of a breach of this Section. Section 5. Subcontracting Except where an emergency situation exists, during the term of this Agreement, the City will not contract out work presently performed exclusively by Bargaining Unit employees without advance written notice to the Union where it is practicable to do so and, if it would result in a displacement of employees, with full discussion, if requested, of the impact of such decision on Bargaining Unit employees. It is understood that notice and discussion of the impact of any subcontracting decision shall not delay implementation of the decision to subcontract, even though discussion of the impact may still be pending or ongoing. Section 6. KCFD Rules and Orders All verbal Departmental rules and orders shall be valid for one tour of duty of the shifts, after which such Departmental rules and orders shall be in writing in order to remain in effect. 9 ARTICLE III — SENIORITY Section 1. Vacations For the purpose of bidding vacation, seniority shall be calculated by years of service from date of employment. Vacations will be awarded solely on the basis of this seniority without the consideration of rank. For purposes of this section, “date of employment” means “date of employment with the Fire Department.” Members returned to duty from a disability pension and members re-employed by the Fire Chief, pursuant to his or her powers under the Administrative Code, shall have an adjusted seniority date as provided for in Section 4 of this Article below. Section 2. Bids, Transfers, Promotions, Demotions Except as delineated below, for the purpose of bids, transfers, promotions, demotions, etc., there shall be separate seniority lists for each job classification/rank and seniority shall be calculated from date of appointment to each job classification/rank (this reference includes date of designation as FAO). For the job classes of Fire Fighter/Paramedic (3011) and Fire Fighter/EMT (3010), seniority shall be calculated from the date of appointment to Fire Fighter (3005) or to the appointment of Fire Fighter/Paramedic (3011) or Fire Fighter/EMT (3010), whichever date earns the member greater seniority. Current KCFD employees shall have seniority over any person hired from outside of KCFD. It is understood by the parties that time spent on disability retirement will not be counted toward seniority accrual. In calculating seniority for members who are being returned to duty from disability pensions, date of appointment and date of employment shall mean original date of appointment and date of employment adjusted to reflect the amount of time on disability retirement. Members returned to duty from a disability pension and members re-employed by the Fire Chief, pursuant to his or her powers under the Administrative Code, shall have an adjusted seniority date as provided for in Section 4 of this Article below. Section 3. Resignation and Termination In the case of employees who leave the fire service due to termination for cause or resignation, date of employment shall mean most recent date of employment, except members re-employed by the Fire Chief, pursuant to his or her powers under the Administrative Code, whose seniority shall be calculated as provided in Section 4 of this Article below. 10 Section 4. Adjusted Seniority In the case of members returned to duty from a disability pension and members reemployed by the Fire Chief, pursuant to his or her powers under the Administrative Code, seniority for all purposes shall be calculated from original date of employment and original date of appointment, where applicable, with the understanding that the time spent on disability pension shall not be counted toward the accrual of seniority. Such members shall be given an adjusted date of employment and adjusted date of appointment, where applicable. Members returned to duty from disability pension and members re-employed by the Fire Chief shall be allowed to purchase back previously converted and cashed out sick leave on the basis of the conversion formula used at the time of cash out, except that such sick leave must be purchased back at the member’s hourly rate upon return. Such election must be made within one (1) year of the member returning to duty. The member may be required to pay the reasonable costs incurred by the City in carrying out this transaction. Section 5. Fire Department Probationary Period Pursuant to the authority conferred by Article I, Section 31 of the City Charter, the Chief of the Fire Department has established and the Union has agreed to a twelve (12) month probationary period for newly hired employees of the Fire Department. After the successful completion of six (6) months of employment, newly hired members of the Fire Department shall enjoy those rights and privileges of permanent employees, except to the degree limited or otherwise provided for in this Agreement. Newly hired suppression employees shall have twelve (12) months from the start of their academy class to attain EMT, FF1, FF2, Hazmat certifications and licenses, as well as office of the City of KCMO Medical Director credentialing privileges, or any requirements for the position agreed upon through the Labor Management process. These licenses and certifications are considered a condition of employment by the City, therefore, in the event that these certifications and licenses are not attained in the twelve (12) month period, KCFD may schedule and conduct a fact finding interview which may lead to a predetermination hearing and discipline up to and including termination. 11 ARTICLE IV — STAFFING, VACANCIES, AND TRANSFERS Section 1. Staffing The City and the Union agree that the number of on-duty members of the bargaining unit available for emergency response shall not be reduced from the current level. Pumper, Truck, Ladder, ARFF, Rescue Companies and District Safety Officers shall be staffed in compliance with NFPA 1710. Ambulances shall be staffed with a minimum of two licensed EMS personnel. Procedures for implementing any agreed deployment of BLS ambulances may be developed through the Labor/Management partnership program. The City and the Union hereby jointly recognize the useful guidelines set out in NFPA 1710. There shall be a special committee created that will be comprised of both management and labor representatives. Union representatives shall be selected by the Union and City representatives shall be selected by the City. The purpose of the committee will be to evaluate the Fire Department’s compliance with the recommendations addressed in NFPA 1710 regarding the effectiveness, efficiency and safety of fire suppression operations, emergency medical services and special operations delivery in protecting the public and Fire Department employees. In order to properly assess these areas of concern, the City and the Union agree that a study will be conducted to produce a new Standard of Cover report. Upon completion of the evaluation, the joint committee will present an advisory report on potential improvements to departmental operations, consistent with NFPA 1710 The City and the Union agree that the Fire Department will combine a number of pumper and ambulance resources into a “Squad Company” concept that shall be staffed with cross trained dualrole personnel. A squad company is defined as one Advanced Life Support (ALS) pumper and one ALS ambulance. The total number of assigned full time employees (FTE) will remain consistent with current levels and shall include at least one Firefighter/Paramedic, job class (3011). The deployment and composition of squads and ambulance units may be adjusted through the Labor Management process. The City agrees to create and hire a sufficient number of additional full-time employees (FTEs) to fully staff a goal of a minimum of thirty-two (32) ambulance units, including up to sixteen (16) BLS units. The City and the Union agree future deployment adjustments may be necessary, that 12 any changes shall be agreed to through the Labor Management process and that decisions will be data driven based upon the recommendations contained in the updated Standard of Cover document. Members transferring to a newly identified ALS company must possess a valid EMT license and be credentialed commensurate with the assignment. Members who are currently assigned to the company being identified as an ALS resource and are licensed EMTs shall enjoy a preference to maintain their assignment but must agree to be credentialed. If incentive pay for cross-trained members of squad units is agreed to in this Agreement, such incentive will be granted at the beginning of the first full pay period that the member is credentialed. In the event that an existing suppression unit is placed in service as an ALS resource, the number of permanently assigned personnel may increase above the current level of that unit for a period not to exceed twelve (12) months. If no member vacates that company, in the twelve (12) months allowed, the junior member who is not cross-trained may be reassigned. Daily staffing may be met by detailing credentialed members onto and non-credentialed members off an ALS company. If no qualified member bids an ALS position through the seniority transfer process, the Department may assign those positions in reverse seniority order. Section 2. Vacancies – Firefighting Ranks Subject to budget limitations, vacancies in firefighting ranks shall be anticipated by the City so that the Fire Department can have a pool of recruits from which such vacancies can be filled as they occur. Any City employee transferring from any other City department, division or bureau into the Kansas City Fire Department shall meet all of the same requirements as apply to new hires. These requirements shall include residency, education, certifications, and passage and placement on the entrance exam list. Age requirements shall apply, with an allowance for previous years of service with the KCFD, which shall be subtracted from the transferee’s actual age when determining eligibility to obtain employment within KCFD. Section 3. Vacancies - Higher Ranks All promotions within the bargaining unit for which bargaining unit members are eligible, subject to 13 the provisions of this Agreement, shall be filled from the current promotion list as they occur. When the vacancy is to be filled as a continued budgeted position, it shall be filled at the start of a pay period within thirty (30) days of the occurrence of the vacancy. It is further agreed that promotions shall be made from the list in effect at the time the vacancy giving rise to the promotion occurs. The Paramedic promotion list shall consist of all EMTs who apply for promotion and who have Missouri Paramedic licenses or National Registry Paramedic Licenses, listed in seniority order. The Firefighter/Paramedic promotion list shall consist of all Firefighter/EMTs who apply for promotion and who have Missouri Paramedic licenses or National Registry Paramedic Licenses, listed in seniority order. In the event there are no currently qualified Firefighter/EMTs on the Firefighter/Paramedic promotion list at the time when a vacancy becomes available, the Department may hire directly from outside the bargaining unit. This subsection does not limit the rights of members returned to duty from disability pension nor does it limit the Fire Chief’s powers of re-employment as provided for in the Administrative Code. Section 4. Temporary Service Out of Rank Qualified members of the Fire Department, as determined through the process established by the labor-management program, who have completed their probationary period, may be requested to serve temporarily in a higher rank. Members who have notified their Battalion Chief they do not wish to work out of class will not be ordered to do so unless no other on duty personnel are available to work out of class. Management agrees that this discretion will not be abused. Written notice of the request not to be asked to work out of class must be given at least twenty-four (24) hours before the request to work out of class and shall be acknowledged in writing by the Battalion Chief. Any person, who has given notice, shall not be required to work more than one consecutive shift out of class. Refusal to work out of class arising in the context of a concerted action or protest shall be deemed invalid and, as such, is governed by the terms of Article II, Section 2 of this Agreement. Firefighters who wish to work out of class as Captain must have eight (8) years of service in Fire Suppression and be otherwise qualified to work out of class. The eight (8) years of service shall be measured from the date of appointment to Fire 14 Suppression. Firefighters and Fire Apparatus Operators who lose their Driver’s License will not be eligible to work out of class in the next higher rank. Members who are hired as a paramedic, firefighter/paramedic, or had their paramedic training paid for by the fire department are not allowed to refuse to work out of class. Missouri State licensed Paramedics who are cross trained and credentialed in the KCFD system and eligible to be promoted to the position of Firefighter/Paramedic, when temporarily assigned or detailed to a dual role ALS apparatus or ambulance to utilize their ALS credentials shall be paid for the temporary service at higher rank, including when such members are assigned to work on a Standby basis or at a Standby/Fireguard event. Members of the Fire Department of the rank of Captain or below who serve temporarily in a higher rank and who perform the full range of duties of the higher rank, shall be compensated at no less than the minimum rate established for the higher rank for all time served in the higher rank. Members must serve not less than two (2) consecutive hours for this to be effective. In the event of overlapping salary categories, a minimum of one step salary differential shall be paid for the temporary service at higher rank. Section 5. Bargaining Unit Promotions A. Promotions to positions in the City’s Fire Department shall be made in accordance with applicable Charter provisions, as well as in accordance with the provisions of this Agreement for positions within Local 42's bargaining unit. B. Designation to Fire Apparatus Operator – For the purpose of designation to the position of Fire Apparatus Operator (FAO), the following qualifications shall be in effect. To be placed on Department’s list for Fire Apparatus Operator, the candidate must have completed Fire Fighter 1 (as set forth in Article XII — PAY and the related pay appendices) and have received the Department’s Fire Apparatus Operator certification, in accordance with the process developed and agreed upon through the Department’s labor-management program. Such agreed upon process shall contain a knowledge-based component and a practical (or performance based) component. The Department will offer the Fire Apparatus Operator certification on a schedule determined through the Department’s labor-management program, but in any event at least twice each year once in the spring of the year and once in the fall. In the event there is a vacancy in the FAO ranks, the senior certified 15 member on the Department’s FAO list will be designated an FAO and placed in that vacancy. Only after accepting designation to FAO will a member be eligible to proceed into the FF4 pay scale. C. Promotions from Firefighter/EMT to Firefighter/Paramedic or EMT to Paramedic – To be considered for promotion to paramedic the candidate must have obtained all the minimum licensure requirements listed in Article V Section 9 of this Agreement. Once these qualifications have been met and maintained, consideration for promotion will be based on seniority. Any candidate from the date of this Agreement going forward, who receives city or fire department funding for their paramedic education, will be promoted to the position of Paramedic or Fire Fighter/Paramedic as vacancies occur and remain in that job classification/rank. Maintaining a medic license is a requirement of the Fire Fighter/Paramedic job classification (3011). Failure to meet this requirement or removal for cause within two years of being promoted to the position of Paramedic or Fire Fighter/Paramedic shall result in the employee being required to repay training costs through payroll deduction, and shall render the employee ineligible for Paramedic training during the next five years. D. Promotion to Captain – To be eligible to test and be promoted to Captain, candidates must have ten (10) years of service in Fire Suppression, must have completed the FAO certification process and be otherwise qualified. For purposes of eligibility to test and be promoted, the ten (10) years of service shall be measured from the date of appointment to Fire Suppression to the expiration date of the Captain’s promotional list that is pending at the time the candidate applies to take the test. The promotional process for Captain shall be developed and agreed upon through the Department’s labor-management program. Such agreed upon process shall contain the following components: a knowledge-based component; a fire ground component; a company officer situational component. In calculating the experience component, a candidate will be given one twelfth (1/12) of a point for each month of service measured from date of appointment to Fire Suppression, with twenty-five (25) points being the maximum number of points that can be awarded for experience. Each of the abovereferenced components will count as twenty-five percent (25%) of the candidate’s composite score. Candidates will be placed upon the eligibility list in rank order based upon their composite scores. Thereafter, candidates will be promoted in rank order. In order to depart from rank order promotion, the Chief of the Fire Department must demonstrate that a candidate is not qualified to be promoted. 16 Section 6. Continuous Promotional Lists Fire Department announcement outlining the details, including reading material, pertinent dates, process and administrative details shall be distributed at least six (6) months prior to the expiration of the pending promotional list. All promotional examinations for the rank of Captain shall be given in the months of October and/or November prior to the expiration of the promotional list in effect in order that new lists shall become effective immediately upon the expiration of the previous lists. For each list all written tests will be conducted on the same day. Promotional lists within the Fire Department shall run for two (2) years, but may run for a shorter period of time if such list becomes exhausted or if the Chief of the Fire Department makes a formal request to extinguish the list. Section 7. Transfers A. All bargaining unit vacancies shall be announced internally by KCFD e-mail to all employees, and by electronic posting on all station desktops. Vacancies occurring on or before the fifteenth (15th) of the month will be posted on the next month’s bid sheet. Vacancies occurring after the fifteenth (15th) of the month will be posted on the following month’s bid sheet. Six (6) calendar days shall be allowed from the date of posting for the members of the Department to bid on posted vacancies. Prior to the posting of the bid sheet, it will be reviewed by Payroll, the Shift Deputies, Local 3808 and Local 42. Following this review, positions posted on the bid sheet will be final for that month’s bid sheet. Corrections, if necessary, will be made the following month. The permanent member, except probationary firefighters, with the most seniority bidding on any vacancy shall be transferred to that vacancy and all other bids shall be destroyed. Members’ transfer and bid rights are further limited, as set forth below. Members who vacate a spot by virtue of a transfer may not bid for a period of one (1) year. Exceptions to the one-year requirement are as follows: Members transferring to the ARFF Division (including the bidding of Certified Eligible positions), the Training Academy, Fire Education Specialists or the ARFF Training Officer, as a result of their bid, shall be ineligible to bid under the provisions of this section for another transfer for a period of two (2) years thereafter. The tenure requirement for members transferring into the Communications Division, and/or HAZMAT Division will be three (3) years, including the HAZMAT Training Officer. Additional positions on the Fire Department, which require specialized training or certification (i.e., Technical Rescue Units, ALS Pumpers, etc.) may also be designated as carrying a two (2) or three (3) year transfer restriction. Such additional positions will be identified by the labor-management process. For the purpose of tenure requirements for specialized divisions, computation of tenure 17 begins on the date of the vacancy being posted. B. Transfers to vacancies at the Fire Academy for Fire Instructor and EMS Instructor, as well as the positions of ARFF Training Officer or HAZMAT Training Instructor, and members assigned as Fire Education Specialists shall be further modified as set forth in this subsection. Members transferring to the position of Fire Instructor in the Professional Development Bureau must attain, at the Fire Department’s expense, Missouri Division of Fire Safety and Fire Instructor I certification within ninety (90) days of being transferred to the Fire Academy or at the first available offering. Such member shall be ineligible to bid for a period of two (2) years after attaining certification. Failure to attain such certification within the prescribed time will result in the member being placed in a vacant position as determined by Fire Management and having his or her bid rights restored. Preference will be given to bidders who already possess the required certifications, but such preference shall not supersede preference granted in lieu of disability in accordance with Article V, Section 2 of this Agreement. Members wishing to transfer to a position in the Professional Development Bureau must complete the following training to continue at the Fire Academy: 1. Fire Instructor 1 within 90 days 2. EMS Instructor within 90 days Members transferring to the position of EMS Instructor must have been a licensed EMT for one (1) year prior to a successful bid and must, at the Fire Department's expense, become a certified EMT Instructor within ninety (90) days of being transferred to the Fire Academy or at the first available offering. Such member shall be ineligible to bid for a period of two (2) years after attaining certification. Failure to attain such certification within the prescribed time will result in the member being placed in a vacant position as determined by Fire Management and having his or her bid rights restored. Members transferring to the position of ARFF Training Officer must, at the Fire Department's expense, attain ITCO and Fire Instructor I certification within ninety (90) days of being transferred to the ARFF Division. In addition, the ARFF Training Officer must attain ARFF Certification, at the Fire Department’s expense, within thirty (30) days of receiving Fire Instructor I. Such member shall 18 be ineligible to bid for a period of two (2) years after attaining all certifications. Failure to attain such certification within the prescribed time may result in the member being placed in a vacant position as determined by Fire Management and having his or her bid rights restored. C. Members transferring into HAZMAT, the ARFF Division or any of the other positions with special training or certification requirements may be placed on an administrative duty work schedule until they have successfully obtained all required training or certifications. Such member shall be ineligible to bid for a period of two (2) years after attaining certification. Failure to attain such certification within the prescribed time may result in the member being placed in a vacant position as determined by Fire Management and having his or her bid rights restored. Members of the ARFF division must be available and eligible to drive various vehicles, including small fleet and ARFF suppression vehicles. Members bidding Rescue Division positions will receive the pay incentive upon successfully completing a simple swim and rope test; the requirements of such tests shall be agreed upon by the Union and shall not substitute for the full class. Newly assigned members of the Rescue Division will be administratively transferred and have their bid rights restored if they fail any certification class twice. Any employee who leaves the Rescue Division for three (3) years shall be required to complete any class and recertify in any Rescue discipline in which the employee’s certification has subsequently lapsed. D. FAO vacancies in the Rescue Division will be placed on a special bid sheet when the vacancy occurs. If no member bids the vacant position, then the position will be offered to the candidate at the top of the FAO eligibility list when the vacancy occurs. If that candidate accepts the designation, along with the tenure requirements of the Rescue Division, they will be placed into that vacancy. If the candidate at the top of the list refuses the Rescue Division position and tenure requirements, the vacancy shall be filled by offering eligible candidates the driving designation, in order, as they appear on the FAO designation list. A candidate accepting the designation must agree to accept a position within the Rescue Division and be subject to the tenure requirements of the Rescue division. If the employee fails any certification class twice they shall be administratively transferred and be placed back on the FAO eligibility list in the same position they were prior to accepting the Rescue FAO designation. E. If a vacancy for Training Instructor, EMS Instructor, HAZMAT Training Instructor or ARFF Training Officer appears on three (3) consecutive bid sheets without being bid, it shall be offered as a promotional opportunity to members on the promotional lists for Captain and Fire 19 Apparatus Operator on an alternating basis, with acceptance of certification and tenure requirements being a proper condition of such promotion. F. In the event a vacancy for Training Instructor or EMS Instructor cannot be filled by bid or promotion, as provided for above, the Fire Department may fill the vacancy by hiring a person for the instructor position from outside the Fire Department, provided that such person shall not be paid less than bottom step Fire Apparatus Operator and such person and position shall be part of the bargaining unit. Further, if such position filled from the outside becomes vacant, the Fire Department must attempt to fill it through the bid and promotion sequence provided for in this section before again hiring from the outside. G. No member shall be administratively transferred without valid reason(s). In the event a member is to be administratively transferred, the member and the Union shall be given a written statement of the reason(s) for the transfer five (5) working days prior to being transferred. In all cases, the member being transferred shall be entitled to all appeal rights provided by this Agreement, starting at Step 3. All transfers shall be made to vacant positions or to positions where the members occupying the position are agreeable to the move if possible. H. Members who by virtue of bumps, designations, or promotions are assigned to a specialized division with a tenure commitment may accept the position, including the tenure requirements, or be placed in the next available regular vacancy. Members assigned to an ambulance by virtue of a bump or shift elimination lose their current assignment will be given the opportunity to bid any newly created shifts prior to those newly created shifts being offered to the Bargaining Unit for bid. If more than three new ambulance shifts are created, then after the displaced members, if any, have had an opportunity to bid, all remaining or resulting vacancies will be posted in accordance with this Agreement and all qualified ambulance personnel will be allowed to bid on these and future vacancies resulting from these transfers, regardless of previous bid status, for a period of four months. I. Notwithstanding any of the above tenure limitations for specialty divisions (ARFF, HAZMAT, Rescue, Communications, Training Academy), any member who has been in his/her position for at least one (1) year may bid to transfer to a vacant position within his/her Division. A successful bid will not extend or decrease the period of the member’s tenure obligation in that 20 Division. (For example: If a member has completed his/her tenure obligation he may bid another vacant position in the Division without extending his/her tenure obligation.) J. Members who are in the Firefighter job class (3005) or Fire Fighter EMT job class (3010), who are Missouri State licensed Paramedics; cross trained, credentialed in the KCFD system, and are permanently assigned to a dual role ALS apparatus, shall be promoted and placed on the Firefighter/Paramedic job class (3011) wage scale commensurate with his/her pay step at the time of promotion. If a member is no longer eligible for the job class, he/she will be moved to the pay step, in the Firefighter job class (3005) or Fire Fighter EMT job class (3010), that is commensurate with the member’s years of service and tenure. This pay is in addition to Article XII, Section 4. B. (8). Section 8. Miscellaneous Transfers A. There will be no mutual trades for the duration of this Agreement. B. Any member who has been in his/her position for at least one (1) year, or has satisfied his/her tenure requirements if applicable, may put his/her position up for bid. Assuming such position is filled by seniority bid, such member will be moved and reassigned to the position previously held by the successful bidder, and thereafter shall be ineligible to bid or exercise any rights under this Article for a period of one (1) year. Bidders for such positions may not put their own positions up for bid under this provision. C. Members whose transfers are approved under this section must actually report to the position to which the member transferred and must work in that position for a minimum of one year. In the event that either party to the transfer vacates his/her position for any reason, other than the occasion of a job-related disability sustained after the date of the transfer or in cases of administrative transfer for bona fide hardship, the transfer will be reversed and both positions involved in the transfer shall be placed on the next posted bid sheet. D. If a member is facing extenuating circumstances or has a bona fide hardship, the member may request an administrative transfer. Such request must be in writing to the Fire Chief. All such requests will be reviewed on an individual basis and, if granted, will comply with the provisions for an Administrative Transfer. 21 Section 9. Assignment and Use of Floaters A. The City shall maintain twenty-one (21) floating Firefighter/EMTs. The City shall also maintain twenty-one (21) floating Firefighter/Paramedics. Assignments of floaters shall be divided fairly and with the best interest of the Fire Department. This may be amended through the LaborManagement process. B. The current number of floating captains shall be maintained during the term of this Agreement, except as the number of floating captains may be reduced due to the creation of additional permanent captain positions. Floating captains will be assigned to a Battalion Headquarters and train within that Battalion for a period of one (1) year. Each February all floating captains will report to Fire Headquarters to re-bid Battalions. Floating captains must choose and bid on a different Battalion than the one that they are currently assigned and in most cases will not be allowed to bid into a Battalion where they have already trained. This process may be amended through the Labor-Management process. Pursuant to this plan, floating captains will be placed (subject to the Transfer procedures) in regular captain vacancies, as they occur, in order of seniority. Vacancies created, as a result of such placements, in the ranks of floating captains will be filled from the captain’s promotional list. C. Floating positions are intended, in part, to assist in the training and professional development of newly appointed floating personnel and to provide personnel to fill certain temporary vacancies. As such, assignments of floaters may be changed periodically. D. The above provisions pertaining to floating personnel may be clarified and/or modified from time to time through the labor-management program. Section 10. Part-Time Personnel The City and the Union agree that there shall be no part-time employees during the term of this agreement. Section 11. City Position Review Committee The City and Union agree that positions within the Fire Department covered by this Agreement shall be exempted from the Position Review Committee and the Fire Chief (or his/her designee) has the authority to fill positions in accordance with this Agreement. 22 Section 12. Fire Fighter Paramedic Apprentice Program The City and the Union agree that, in the first year of this Agreement, a Fire Fighter Paramedic Apprentice Program will be developed through the Labor-Management Partnership process and implemented by the Fire Department. This Apprentice Program will focus KCFD efforts to develop a larger pool of local Fire Fighter/Paramedic candidates and create new opportunities for attracting a more diverse workforce. 23 ARTICLE V – GENERAL PROVISIONS Section 1. Duties A. The duties of members of the City’s Fire Department shall be those described in and consistent with the classification plan and the Rules and Policy Manual of the Human Resources Department. Members of the City’s Fire Department shall not be detailed to duties unrelated to the mission of the Fire Department except as may be required in situations of emergency and for the duration of the emergency. B. However, in situations of an emergency declared in accordance with the City’s Emergency Operations Plan, those duties shall be whatever is necessary to carry out the mission of the City. C. The following procedures and requirements are established for the handling of detailed personnel: 1. Employees who notify the Department that they are sick after being detailed may be required to present satisfactory medical evidence that they were sick and unable to work during the period of the detail. 2. Employees who have private transportation available and who are detailed to another station will be expected to provide their own transportation and will be paid.5 hours at the rate of time and one-half when detailed in their Battalion District in lieu of mileage and.8 hours at the rate of time and one-half when detailed out of their Battalion District in lieu of mileage. Certified eligible personnel, as provided for in Article VI, Section 4., who are detailed to the ARFF Division for regular work or for training opportunities shall receive an out of district detail allowance of.8 hours. 3. Employees detailed to another station will be provided transportation to and from the station to which they are detailed if necessary. Such employees must be returned to their assigned station within 25 minutes after the end of the shift and if not shall be paid at the rate of time and one-half for all time after the 25 minutes until their return to their assigned station. 24 4. This compensation is provided in lieu of mileage only and does not require or constitute the employee working outside the regular schedule. 5. When a member is to be detailed the primary responsibility for the designation of the individual to be detailed rests with the captain of the sending unit; provided, however, that details are divided fairly and that if it is the best interest of the Fire Department that a particular individual be detailed, such individual may be designated by higher authority in the Department. 6. No member of the bargaining unit shall be sent into a dangerous area such as a riot zone without proper police protection. Section 2. Positions Held by Non-Fire Fighting Employees Whenever personnel of KCFD become physically incapable of performing emergency response duties, because of injury or otherwise, but such member is found by the Fire Chief to be able and qualified to perform the duties of a position or positions held by non-emergency service employees of the Department, such employee shall be given preference in filling vacancies in such nonemergency service positions. Preference will be awarded disabled members in the following manner: A. Duty Related Disabilities: Whenever a member is permanently and totally disabled from performing job duties, to the degree that she or he would qualify for a duty disability pension, such member may elect from the following options: 1. In lieu of pension, the member may accept assignment (if qualified) to fill a vacancy in a non-emergency-service position in the bargaining unit at the same pay and benefit status, in order to continue his or her career. If more than one (1) member in this category is seeking an assignment the member who has not earned a full service pension will be given preference first. If needed, the remaining “tiebreaker” will be the date of the request for such assignment. 2. Alternatively, the member may elect to take a disability pension. Subject to meeting the qualifications for a non-emergency-service position, such retired disabled person shall remain entitled to preference under this section, but shall be 25 placed at the bottom of the queue of duty disabled members with pending requests for a preferential assignment. B. Non-Duty Related Disabilities: Whenever a member is permanently and totally disabled from performing job duties, for a non-duty related reason and is disabled to the degree that he or she would qualify for a non-duty disability pension, such member may elect from the following options: 1. In lieu of pension, the member may accept assignment (if qualified) to fill a vacancy in a non-emergency service position in the bargaining unit, in order to continue his or her career. Such member shall be paid at the rate of the nonemergency-service position that is closest to his or her current salary or his or her existing rate that does not exceed the top of such non-emergency-service rate. If more than one (1) member in this category is seeking an assignment “tie-breaker” will be the date of the request for such assignment. 2. Alternatively, the individual may elect to take a disability pension if they are a member of the Fire Pension System. Subject to meeting the qualifications for a non-emergency-service position, such retired disabled person shall remain entitled to preference under this section, but shall be placed at the bottom of the queue of non-duty disabled members with pending requests for a preferential assignment. 3. Personnel not in the Fire Pension System may have disability insurance options, as provided in part by the City. 4. Preference awarded members with non-duty related disabilities shall be secondary to that of members with duty related disabilities, to the extent allowed by law. 5. Members with non-duty related disability shall enjoy a period of preference of five (5) years or the number of years of service he or she had with the Department, whichever is greater, but not to exceed ten (10) years. Section 3. Ready Time It is understood that the agreed upon schedule contemplates that some scheduled hours will be designated as “ready time” when routine inspections, training and testing will not be scheduled. 26 Ready time is defined as the standby time on the night tour of duty in which no routine activities will be scheduled. This time will be the hours from 9:00 p.m. until 6:00 a.m. During the ready time period, equipment will be maintained in a manner that ensures readiness to respond to any emergency situation. Both parties agree that special circumstances of a critical nature may arise, which may require that some duties be performed during ready time (e.g., to abate a life safety hazard in a place of public assembly). The early alert notification system will be in service during the hours of ready time. These ready time provisions may be waived in accordance with Article V., Section 4. B for ARFF and Rescue Division Training Requirements. Section 4. Training and Inspections A. Training and inspections are a regular and normal part of the duties of employees in the bargaining unit. However, firefighting units will not be required to engage in certain activities under the conditions set forth below: 1. Firefighting units shall not be required to make routine fire hydrant inspections or engage in training activities where such inspections or training will require them to get wet when the outside temperature is below 50 degrees F. or above 90 degrees F. 2. Outside training activities will not be required of firefighting units during periods of precipitation at the training site or when the temperature is below 40 degrees F. or above 90 degrees F. 3. Routine inspections will be deferred during periods of the day when the temperature is above 90 degrees F. or below 40 degrees F. if it is reasonably possible and does not interfere with the mission of the Department. The above temperature limitations may be suspended by the Fire Chief when temperatures above or below the designated limits continue for an unusually long period of time or when the mission of the Fire Department would be impaired by a continued suspension of training or inspection activity. The temperatures mentioned above are official National Weather Service outside temperatures recorded at the Kansas City Downtown Airport. 27 B. In addition for members assigned to the ARFF Division, the above-referenced limitations on training may be waived up to twelve (12) times annually, per shift, for additional or unique training opportunities. Advance notice of one (1) shift is preferred. Also, certified eligible personnel or structural units (units assigned to regular alarm airport status) who avail themselves of the training identified in this section shall be allowed to waive training on their next shift on an hour for hour basis. As previously noted, certified eligible personnel who avail themselves of these training opportunities will also be provided an out of district detail allowance of.8 hours. C. Any departmental or in-division training opportunities offered to a limited number of members will be offered on the basis of seniority. A training bid sheet listing limited opportunities will be posted in each station and division office for thirty (30) days, or as soon as practical, in advance of the actual training and will be posted for no less than six (6) calendar days. The division offering the limited training will process the bids for that training. Some unique opportunities may be skill-based as determined through the Labor Management Process. D. Paramedic training will be offered to members in the job classification/ranks of EMT and Firefighter/EMT by seniority. Anyone in the job classification/rank of EMT or Firefighter/EMT completing the training and credentialing will be promoted to the job classification/rank of Paramedic or Firefighter/Paramedic as vacancies occur. Any Firefighter who completes the paramedic training and/or credentialing will be subject to detail to all ALS resources commensurate with their qualifications. Any member whose training is paid for by KCFD shall be required to obtain and maintain their paramedic license and credentialing until they are designated to FAO or promoted to the rank of Captain. Members designated to FAO or promoted to Captain will have the option to maintain their licensure and credentialing at the City’s expense. Any person who fails to maintain such licensure prior to being designated to FAO or promoted to Captain will be subject to the disciplinary process, up to and including termination. E. Cross Training Qualified Incumbents to Missouri State Fire Fighter I & II It is the goal of the Fire Department to offer Missouri State Fire Fighter I & II training to incumbents in the job classifications of EMT (3036), and Paramedic (3037) who meet the 28 minimum qualifications for the position of Fire Fighter (3005), Fire Fighter/EMT (3010) and/or Fire Fighter/Paramedic (3011). This training will be offered a minimum of once per year, in seniority order. The class size shall be limited to a minimum of (ten) 10 members with a maximum of twenty (20) who have met the minimum qualifications, including having successfully completed the Candidate Physical Ability Test (CPAT). A member who has successfully completed all requirements to enter the Academy may be reclassified to the Fire Fighter (3005), Fire Fighter/EMT (3010) or the Fire Fighter/Paramedic (3011) positions and may be assigned, through the seniority transfer system, to a dual EMS/Suppression/Rescue company. Members on modified duty status may attend training that does not conflict with their medical restrictions. F. Cross Training Incumbents as KCFD Ambulance Credentialed. It is the goal of the Fire Department to offer KCFD Ambulance credentialing to the job classification of Fire Fighter (3005) and Fire Fighter/EMT (3010), which includes the position of FAO, and Captain (3007) who meet the minimum qualifications for the position being credentialed. All members hired post 2010 will be required to be credentialed by reverse seniority as an ambulance attendant. All other members may request to receive such training and will receive it as training becomes available. A member who receives this training opportunity may be detailed, to an ambulance or a dual EMS/Suppression/Rescue company commensurate with their qualifications. Members on modified duty status may attend training that does not conflict with their medical restrictions. Section 5. Procedure for Determining Value of Accumulated Sick Leave and Vacation Hours on Termination or Retirement Hours of vacation and sick leave shall be paid at the employee's hourly rate in their permanent assignment. Section 6. Computation of Hours of Vacation and Sick Leave Accrual of hours of vacation pay provided by Article VII, Section 1, and sick leave pay provided by Article X, Section 1, shall be by pay period notwithstanding the reference to monthly accumulation contained elsewhere in this Agreement. The formula shall be the number of hours per month provided by this Agreement times 12 divided by 26. The final result, rounded to the nearest one one29 hundredth of an hour, shall be the amount credited each pay period that the employee is on pay status for at least 49.5 hours. Section 7. Employee Health and Wellness The City shall continue to provide an Employee Assistance Program (EAP) in accordance with the provisions set forth in Appendix D – Behavioral Health Program. The City and the Union further agree to provide, at no cost to the member, annual physicals for all employees and the Candidate Physical Ability Test (CPAT) for entry level candidates, in accordance with the IAFF/IAFC Wellness Fitness Initiative (4th edition). The City shall maintain at no cost to the member the health and wellness requirements of HAZMAT during the term of this Agreement. All required vaccinations for EMS licensure will be provided by the fire department at no cost to the member. The Union and the City further agree that members of IAFF Local 42's Bargaining Unit, unless otherwise expressly agreed, shall receive all rights and privileges offered or rendered to City employees by the Kansas City Health Care Trust and the Fountain of Health Program. These rights and privileges shall include, but not be limited to, any incentives, rebates or other benefits and shall be in addition to those set forth herein, or in Appendix D. Section 8. Driver’s License All employees must notify Fire Administration through the chain of command whenever his or her Driver’s License is suspended or revoked. Operation of a City vehicle without such permit may result in disciplinary action up to and including termination. Employees must notify Fire Administration of any serious violation of the law (i.e. felony charge, arrest, serious misdemeanor or serious moving traffic violation) within a reasonable period of time, after such violation occurs. Such notification may be made through the Union. Section 9. Licensure All personnel whose job descriptions require EMS licensure will be required to maintain the certifications and licensures required by EMS protocols, the KCMO Medical Director, and/or the EMSCC. The City will provide all necessary training and cost required to maintain such licensing. Any person who fails to maintain such licensure or certification will be subject to the disciplinary process, up to and including termination. 30 Section 10. Diversity and Recruitment Officer During the first year of this Agreement, a new FTE position shall be created. The FTE position shall be the rank of Captain and report to the Chief of the Department and will work in cooperation with the City of Kansas City’s Chief Equity Officer. Minimum qualifications, such as experience, knowledge, skills and abilities shall be determined through the Labor Management Partnership Program. One of the main objectives for this new position will be to develop and implement an innovative recruitment program that focuses on attracting candidates to the Kansas City Fire Department that accurately reflects the diverse and inclusive City in which they will be asked to serve. Section 11. Diversity, Recruitment and Sexual Harassment Training The City agrees to provide diversity, inclusion and sexual harassment training at least annually to all bargaining unit personnel at the expense of the City. New programs shall be approved through the Labor Management Process. Approved programs are authorized and will be deemed to be in accordance with this Agreement. The City and Local 42 agree that increasing diversity, equity and inclusion are important to all parties. This includes continued work for the duration of this Agreement through the LaborManagement Partnership in the following six general areas: 1. Recruitment: Enhance KCFD capacity to attract and retain employees from underrepresented groups in order to achieve a workforce reflective of the community we serve. 2. Training and Mentoring: Ensure that all members of KCFD workforce have access to resources needed to succeed and advance in their careers. 3. Station Culture and Internal Systems: Build a culture of inclusion and support throughout KCFD system and ensure that processes, protocols and procedures do not circumvent or subvert that effort. 4. Promotion Processes: Ensure that KCFD processes for promotion and advancement are fair, equitable, accessible and attractive to all members of KCFD. 5. Community Outreach: Enhance connections between KCFD and all aspects of the community we serve with specific attention to engagement and support of underrepresented 31 communities. 6. Leadership: Facilitate understanding, readiness and preparation needed to lead KCFD in becoming a diverse, equitable and inclusive organization and culture. 32 ARTICLE VI - HOURS AND OVERTIME Section 1. Hours A. Twenty-Four Hour Shift Employees (207K) The regular work schedule for personnel assigned to 24-hour shifts shall be as follows. Employees shall work a 3-shift system on a fourteen (14) day FLSA work schedule. The normal FLSA work period for employees assigned to 24-hour shifts shall be fourteen (14) days. Employees on 24-hour shifts shall receive overtime pay at the rate of time-and-one-half for all hours actually worked in excess of one-hundred and six (106) hours in any fourteen (14) day work period. Employees shall be assigned a non-working day (N-day) every ninth (9th) scheduled work day, without regard to leave utilization. These N-Days may not be moved, but may be traded within the 9day cycle within a Battalion. While members are not allowed to trade N-days outside the 9-day cycle, members shall be allowed to trade time with each other on their N-days. Such trades shall conform to existing policy, except that such trades shall not be counted as time traded as provided for in Section 2 of this Article. B. 24- Hour Employees (Non-207K) The regular work schedule for personnel assigned to a 24-hour shift on a static ambulance shall be assigned to a schedule that uses a three-shift system with an “N-Day” every nine (9) shift days. C. 40-hour Employees Employees assigned to a forty-hour workweek shall be paid overtime at the rate of time-andone half for all hours actually worked in excess of forty (40) hours in a single workweek. D. Special Assignments Special duty assignments, such as fireguard standby and medical standby, shall be paid at time-and-one half. Hours worked in these assignments shall not count toward FLSA overtime eligibility. E. Meal Breaks for Dynamically Deployed Ambulances 33 The City agrees to a meal provision for all "dynamically deployed" ambulances. The meal break will be forty (40) minutes in length and will be granted except for emergency situation. Reasonable effort will be made to grant meal breaks during the mid-point of the shift. The specific details of the meal breaks shall be established through the Labor Management Partnership Process. Section 2. Trading Time The trading of time by members is permitted, provided, however, that the Battalion Chief or appropriate Chief Officer must be notified of such trading of time at least thirty (30) minutes prior to the trade. Permission must further be obtained from the Battalion Chief or appropriate Chief Officer for the privilege of trading time more than five (5) times in one (1) calendar year. Such request will not be unreasonably denied. Any member trading time will be responsible to work the entire shift that he/she has traded or until properly relieved. Section 3. Hours and Overtime A. Full Shift Overtime: Both parties accept the principle of overtime rotation within a work region. Fire Department work regions are as follows: Battalion 102, Battalion 103, Battalion 104, Battalion 105, Battalion 106, Battalion 107, Battalion 108, Dynamic EMS, ARFF, Hazmat, Communications Center, Logistics, Fleet, Training Academy, and Fire Prevention. Members may opt out of their respective overtime call list by notifying their appropriate supervisor in writing and a notation will be made within the staffing system. The member shall remain on the overtime list in rotation and not called until notification of the supervisor. An overtime list shall be established in seniority order and thereafter consulted in rotation for offering overtime. An employee shall not be eligible to work overtime if he/she has not worked his/her regular shift due to sick leave, suspension or dock (excluding leave due to Family Medical Leave or military leave). For the purpose of eligibility for overtime a Vacation Day, F-Day or N-Day is not considered a regular shift and shall not affect eligibility for overtime. It shall be the employee’s responsibility to inform the hiring officer if he/she has not fulfilled the foregoing condition. Any employee who accepts overtime shall have his/her card moved to the back of the list upon 34 working overtime that totals twenty (20) hours or greater, excluding hold-over or mandatory overtime. Employees working extra hours shall be paid at the applicable rate (straight time, time-and-a-half, or double time), beginning at the time the employee arrives at the overtime location or assignment. The hired employee will be expected to arrive at the location or assignment he/she has been hired for within ninety (90) minutes of the time he/she was called. Failure to report within ninety (90) minutes may result in the employee’s name being moved to the bottom of the list and the overtime being offered to the next eligible employee. The employee failing to arrive within the agreed upon time shall not be entitled to any overtime pay, including the four (4) hour minimum for callbacks. Overtime shall be offered in accordance with GAG 1-17 and GAG 1-25. During the term of this Agreement, changes to the current overtime hiring processes outlined in GAG 1-17 and GAG 1-25 may only occur through the Labor-Management Committee process according to the LaborManagement Partnership Agreement. In work regions with certified eligible barga

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