| A G R E E M E N T
Between
CITY OF LINDEN
And
FIREMAN’S MUTUAL BENEVOLENT ASSOCIATION, LOCAL 34
__________________________________________________________________
January 1, 2005 through December 31, 2008
__________________________________________________________________
TABLE OF CONTENTS
ARTICLE PAGE
PREAMBLE 1
I. RECOGNITION 1
II. F.M.B.A. GOOD AND WELFARE COMMITTEE -
GRIEVANCE COMMITTEE - DELEGATES 1
A. Good and Welfare Committee 1 - 2
B. F.M.B.A. Grievance Committee 2
C. Delegates - Meetings 2
D. President and Executive Delegate or Alternate 2 - 3
E. President, Executive and all Delegates 3
F. The Secretary of the F.M.B.A. 3
III. ACTING OFFICERS 3
IV. HOURS OF WORK AND OVERTIME 3
A. Hours of Work 3 - 4
B. Overtime 4 - 5
V. VACATION 5 - 6
VI. HOLIDAYS - PERSONAL DAYS - FIRE SERVICE DAY 6
A. Holidays 6 - 7
B. Personal Days 7 - 8
C. Fire Service Day 8
VII. LEAVES 8
A. Sick Leave 8 - 10
B. Retirement - Unused Sick Leave 10 - 11
C. Sick Leave - Sell Back 11
D. Leave of Absence as a Result of Injury in Line of Duty 11 - 12
E. Leave Because of Death in Immediate Family 12
F. Military Leave 12 - 13
G. Leave of Absence 13
VIII. WAGES 13
A. Salary 13 - 15
TABLE OF CONTENTS (continued)
ARTICLE PAGE
B. Salary Increments 15 - 16
IX. LONGEVITY 16
X. GRIEVANCE PROCEDURE 17 - 18
XI. MISCELLANEOUS 19
A. Clothing Allowance 19
B. Clothing Maintenance Allowance 19 - 20
C. Emergency Meals 20
D. Outside Employment 20
E. In Case of Death of an Active Fireman 20
F. Duties 21
G. Immunization 21
H. Fire Science Program 21 - 22
I. F.M.B.A. Dues Deduction 22 - 23
J. Building Code and Bureau of Fire Safety Certification 23
K. Hourly Differential 24
L. Direct Deposit 24
XII. INSURANCE 24
A. Health Insurance 24 - 26
B. Life Insurance 26
C. Workmen’s Compensation Insurance 26
D. Automobile Liability Insurance 26
E. Temporary Disability Insurance 26 - 27
XIII. F.M.B.A. ACTIVITY PROTECTED 27
A. Maintenance of Operations 27 - 28
XIV. PRIOR PRACTICES 28
XV. MANAGEMENT RIGHTS 28 - 29
XVI. SEPARABILITY AND SAVINGS 29
XVII. FULLY BARGAINED PROVISIONS 30
XVIII. DURATION 30 - 31
PROPOSED ADDENDUM TO THE CURRENT AGREEMENT 32 - 34
MEMORANDUM OF AGREEMENT 35 - 36
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PREAMBLE This Agreement, effective the first day of January 2005, through December 31, 2008 between the City of Linden, New Jersey, hereinafter referred to as the City and Local #34, Firemen’s Mutual Benevolent Association, hereinafter referred to as F.M.B.A. is designed to maintain and promote a harmonious relationship between the City of Linden and such of its employees who are within the provisions of this Agreement, through collective negotiations, in order that more efficient and progressive public service may be rendered and represents the complete and final understanding of all bargainable issues between the City and the F.M.B.A. ARTICLE I
RECOGNITION The City hereby recognizes F.M.B.A. Local #34 as the exclusive representative and bargaining agent for the bargaining unit consisting of all members of the Fire Department with the rank of Firefighter. ARTICLE II
F.M.B.A. GOOD AND WELFARE
COMMITTEE-GRIEVANCE COMMITTEE-DELEGATES A. Good and Welfare Committee
1. Members of the F.M.B.A Good and Welfare Committee are designed as the F.M.B.A. Negotiating Committee. These members, seven (7) in number, (only three (3) of which may be on duty), shall be granted leave without loss of regular straight time pay for all meetings between the City and the F.M.B.A for the purpose of negotiating the terms of an Agreement, when such meetings take place at a time during which such members are scheduled to be on duty.
2. The F.M.B.A. Good and Welfare and Negotiating Committees will be permitted to hold their Committee meetings in the Firehouses designated by the City upon minimum forty-eight (48) hours advance notice, except if such meetings conflict with City scheduled departmental meetings or training activities.
3. Each F.M.B.A. Good and Welfare or Negotiating Committee meeting held in a Firehouse will not be of more than three (3) hours duration.
B. F.M.B.A. Grievance Committee
The F.M.B.A Grievance Committee, four (4) in number, (only two (2) of which may be on duty) shall be granted leave without loss of regular straight time pay for all meetings between the City and the F.M.B.A. for the purpose of processing grievances, when such meetings take place at a time during which such members are scheduled to be on duty.
C. Delegates - Meetings
1. The executive Delegate or the Alternate State Delegate of the F.M.B.A. shall be granted leave from duty without loss of regular straight time pay for all meetings of the State F.M.B.A. and Regional F.M.B.A. meetings and all membership meeting of the State F.M.B.A. when such meetings take place at a time when such officer is scheduled to be on duty. The Alternate State Delegate will replace the State Delegating in case of personal sickness or death in the family.
2. The President of the F.M.B.A. or the next member of the Executive Committee in line, should the President be unable to attend, shall be granted leave from duty without loss of regular straight time pay to attend all State, Regional and Local F.M.B.A. meetings (not to exceed one (1) State and one (1) Local meeting per month), provided recall of a Firefighter is not required to replace the President’s absence from duty.
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D. The President and Executive Delegate or the Alternate Executive Delegate of the F.M.B.A. shall be granted leave from duty without loss of regular straight time pay to perform the duties of their respective offices.
E. The President, Executive Delegate and all Delegates elected to represent the F.M.B.A. at their annual Convention shall be granted leave from duty without loss of regular straight time pay to attend said Convention.
F. The Secretary of the F.M.B.A. will be granted time off with pay to attend regular monthly and/or special meetings of the F.M.B.A., provided recall of a Firefighter is not required to replace the Secretary’s absence from duty. ARTICLE III
ACTING OFFICERS A. All acting assignments to a Company Officer Classification will be filled by Firefighters having completed a minimum of three (3) years credited service in the Department and judged to be qualified by the Chief for such assignments.
B. Firefighters qualified to fill Acting Company Officer assignments will be selected in order of seniority.
C. The Chief will designate a Company Officer in each departmental group on each tour of duty to keep and maintain an individual roster of Firefighters, listed in order of their departmental seniority.
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D. A Firefighter serving as an Acting Lieutenant will receive an additional thirty-five ($35.00) dollars per day for each day so served beyond the Firefighter’s daily base salary. ARTICLE IV
HOURS OF WORK AND OVERTIME A. Hours of Work
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1. The work week for all employees who perform fire fighting duties shall be an average of not more than forty-two (42) hours per week, based on an eight (8) week cycle, computed on the work schedule cycle of two (2) days of eleven (11) hours each (7:00 a.m. to 6:00 p.m.) followed by forty-eight (48) hours off, followed by two (2) nights of thirteen (13) hours each (6:00 p.m. to 7:00 a.m.) followed by seventy-two (72) hours off.
2. Permission to be relieved one hour earlier prior to completion of each tour may be granted upon notification to the Captain in charge. Permission may also be granted to be relieved two (2) hours earlier on all holidays. It is understood that anyone relieving at an earlier hour will not be entitled to additional compensation of any kind.
3. If a firefighter reports for duty as assigned and is ordered by the Company Officer in charge to report for duty in another firehouse, the Firefighter will be, for the purpose of City insurance coverage only, considered on duty from the time the order is given.
B. Overtime
1. Whenever an employee works in excess of his regularly assigned work week or work schedule, as provided for in Section A of Article IV, in addition to any other benefits to which he may be entitled, he shall be paid for such overtime work at one and one half (1½) times his hourly rate of pay including any earned longevity pay for such assigned duty. An employee may in lieu of overtime payment, choose compensatory time-off provided he shall notify the Chief of the Department within five (5) days, and if in the opinion of the Chief, such time-off would not adversely affect the operation of the Fire Department.
2. Whenever an employee is held over beyond his regular tour of duty, he shall be paid at one and one half (1½) times his hourly rate of pay including any earned longevity pay to the next one half (½) hour time period.
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3. Whenever an employee is called back on duty after completion of his regular tour of duty or at any time he is off duty, he shall be paid a minimum of two (2) hours pay at one and one half (1½ ) times the hourly rate of pay for such assigned duty provided such time is not contiguous to the employee’s tour of duty in which case he shall receive pay for all the actual time worked.
4. The Fire Officer designated by the Chief on each tour shall establish a roster of the Firefighters in his group on a seniority basis. Whenever overtime work is required, and it is not of an emergent nature as determined by the Chief or Deputy Chief, it shall be rotated among employees on the appropriate roster. If a Firefighter refuses an assignment to work overtime, he shall be considered as having worked such overtime assignment for the purpose of maintaining a proper order of rotation for future assignments.
5. For purposes of overtime worked under this Article, any employee when serving in an acting capacity in a higher rank or classification shall be considered as holding such rank and shall be compensated accordingly as per Article III, Section D.ARTICLE V
VACATION A. Vacations are to be granted in accordance with the following scale based on the established annual salary pay rates.
LENGTH OF SERVICE DAYS ANNUAL VACATION LEAVE
SHIFT WORKERS
2 through 5 years 8 workings days
6 through 9 years 10 working days
10 through 14 years 14 working days
15 through 19 years 16 working days
20 through 24 years 18 working days
25 years and over 22 working days
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LENGTH OF SERVICE DAYS ANNUAL VACATION LEAVE
DAY WORKERS
2 through 5 years 13 working days
6 through 10 years 15 working days
11 through 15 years 19 working days
16 through 20 years 22 working days
21 through 25 years 24 working days
26 through 30 years 26 working days
31 years and over 31 working days
For less than one (1) year of service two (2) days vacation shall be granted for each quarter of a year worked.
B. The vacation period for each fiscal year shall be from January 1 to the 31 of December. Earned vacation for less than one (1) year of service shall be granted during the first full fiscal year of employment.
C. During the second full fiscal year of employment and every year of employment thereafter, earned vacation shall be granted in accordance with the schedule listed.
D. After the first fiscal year of employment, the amount of vacation shall be determined by the anniversary date of employment and said vacation shall be granted during the fiscal year of said anniversary date.
E. Firefighters shall be entitled to eight (8) working days vacation during the summer period from June 15 through September 15 of each calendar year, except in an official emergency declared by the Chief of the Department.
F. Vacation time shall not be carried over to the following year unless personal illness or accident prevents a Firefighter from so doing or special permission is granted by the Council upon recommendation of the Chief of the Department.
G. Vacation time will be paid or granted pro-rata for the year in which a Firefighter terminates his service in the Department for any reason whatsoever.
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ARTICLE VI
HOLIDAYS - PERSONAL DAYS - FIRE SERVICE DAY A. Holidays
1. All Firefighters will receive ten (10) working days off in lieu of official holidays; all of which shall be the choice of the individual Firefighter, subject only to the approval of the individual dates by the Fire Chief. Six (6) of said ten (10) working days will be selected by March 15 and taken no later than July 1 of each year. All days off granted in lieu of holidays must be taken in the current year.
2. Each Firefighter may work at his option seven (7) of the above stated paid holidays for which he is presently receiving time off, provided he gives written notice to the Chief no later than March 1 of any given year. Payment for holidays worked will be at the same rate of pay as presently in effect for six (6) paid holidays granted annually to all Firefighters described in Paragraph 3.
3. Pre - January 1,1997: Prior to 1997, six (6) additional holidays were paid at twelve (12) hours base rate of pay in lieu of time off, three (3) holidays were payable prior to July 1and three (3) holidays were payable prior to December 31 of each year.
4. Calendar Year 1997 and Thereafter: The six (6) additional holidays noted in Section A.3 will be included in Annual Salary in accordance with Article VIII, Section A, paragraph 4.
5. For the purpose of this Agreement, active employment shall be defined as any employment that receives an authorized rate of pay.
B. Personal Days
1. Each Firefighter shall receive annually a personal day(s) off with pay equivalent to twelve (12) hours base rate of pay for each day as follows.
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a. Hired before April 3, 2000 - Two (2) personal days.
b. Hired on or after April 3, 2000 - One (1) personal day.
2. A Firefighter, at his option, may work the annual personal days off and receive twelve (12) hours base rate of pay in lieu thereof, provided he gives written notice to the Chief’s Office prior to June 1 of the current year.
3. One personal day shall be scheduled and taken no later than July 1, and one personal day shall be scheduled and taken no later than December 1 of each year.
4. A Firefighter may take personal days whenever scheduled. However, with the exception of retirement or death, he shall be required to have six (6) months of credited service in the applicable calendar year to qualify for one (1) paid personal day off. He shall be required to have twelve (12) months of credited service in the applicable calendar year to qualify for two (2) paid personal days off.
C. Fire Service Day
Firefighters hired before April 3, 2000 shall receive One Hundred Fifty Dollars ($150.00) in lieu of a Fire Service Day payable prior to July 1 each year. ARTICLE VII
LEAVES A. Sick Leave
1. Sick leave shall mean paid leave that will be granted to an employee who, through sickness or injury becomes incapacitated to a degree that makes it impossible for him to perform the duties of his position, or who is quarantined by a physician because he has been exposed to a contagious disease.
2. A certificate from the employee’s doctor or department physician shall be required as sufficient proof of the need for sick leave for each working day off. A Firefighter may return to work after an illness of one (1) working day without said doctor’s certificate but shall be required to sign the duty roster to attest to the fact that he is physically able to perform his assigned duties. In no event shall a Firefighter be allowed to return to work without a doctor’s certificate if he has reported off because of illness for a period of two (2) or more working days. If the department questions the Firefighter’s physical ability to perform his assigned duties, it may require the Firefighter to be examined by its designated physician. In addition to the foregoing, the City may require proof of illness of an employee on sick leave, whenever such requirement appears warranted under the circumstances. Abuse of sick leave shall be cause for disciplinary action.
3a. All members of the Fire Department are entitled to fifteen (15) working days of sick leave per year cumulatively. In the case where cumulative sick leave has been exhausted, the City Council may, upon receiving request for extended sick leave from the office of the Chief, grant additional sick leave of one calendar year or less, as may be required, in accordance with N.J.S.A. 40A: 14-16. The determination for the amount of additional sick leave to be granted shall be based solely on medical reports received by the City Council. The request for additional sick leave, as set for herein, shall be made in ninety (90) day intervals during the first calendar year when such leave is applicable.
b. Additional sick leave will be considered only after all earned sick leave, earned vacation, paid holidays, personal days and earned temporary disability benefits have been used by the Firefighter.
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c. Any additional sick leave with pay granted a Firefighter shall be owed and returnable to the City, when sick leave days are again being earned by the Firefighter.
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d. During additional unearned sick leave time granted, the accumulation of sick leave, vacation time, holidays paid, holidays time off and personal days will cease. Upon repayment of sick leave to the City, a Firefighter will receive all benefits lost during said additional unearned sick leave time.
4a. Accumulated sick leave of no more than four (4) days annually may be used by a Firefighter to personally attend a member of his immediate family, who due to disabling illness or injury, pregnancy or quarantine restrictions requires such personal attendance. The Chief of the Department may, at his discretion, grant a Firefighter more than four (4) days accumulated sick leave for the purpose heretofore mentioned upon request and presentation of just and valid reasons in the opinion of the Chief. A Firefighter off on family illness shall not be visited by the Deputy Chief for departmental business reasons.
b. For two (2) or more consecutive work days off, evidence of need for an employee’s personal attendance shall be provided in the form of a Doctor’s Certificate.
c. For the purpose of this paragraph immediate family shall mean spouse, unwed child, parent or unmarried brother or sister.
B. Retirement - Unused Sick Leave
1. Upon retirement or layoff, a Firefighter will receive one (1) day of base pay for each three (3) days off unused earned sick leave for the first Two Hundred and One (201) days of accumulated earned sick leave; and one (1) day of base pay for each two (2) days of unused earned sick leave over and above the first Two Hundred and One (201) days of accumulated earned sick leave.
2. In no event, however, will a Firefighter receive more than a Nineteen Thousand Dollar ($19,000.00) total unused sick leave payment.
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3. In the event of death prior to retirement, the Firefighter’s heirs or estate will receive the unused sick leave pay returned by the deceased.
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4. Any firefighter who chooses to leave the Department or any Firefighter terminated by the City for reasons other than retirement, illness, injury or layoff, will not be entitled to unused sick leave pay.
5. A day of unused sick leave pay will be calculated by dividing a Firefighter’s annual base salary by the number One Hundred Eighty-Two point Five (182.5).
C. Sick Leave - Sell Back
Effective January 1, 2005, any employee who has accumulated ninety (90) days of earned sick leave has the option of selling back time to the City of Linden on an annual basis, as follows:
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1. Any employee who has not used any sick time, is eligible to sell back up to ten (10) days, in ten (10) working hour increments.
2. Any employee who has used up to five (5) sick days, is eligible to sell back up to five (5) days, in ten (10) working hour increments.
3. Sick leave shall be sold at the employee’s prevailing salary at the time of the sell back.
The Firefighter will inform the City Treasurer of this decision no later than October 15 of that year.
D. Leave of Absence as a Result of Injury in the Line of Duty
When a Fireman is injured in the line of duty, the City Council shall pursuant to N.J.S.A. 40:A 14-16, pass a resolution giving the employee up to one year’s leave of absence with pay; said leave shall be granted in units of thirty (30) days at one time. When such action is taken, the employee shall not be charged any sick leave for time lost to such injury.
E. Leave Because of Death in Immediate Family
1. Up to a maximum of three (3) working days leave will be granted to a Firefighter in the event of death in his immediate family which is defined as the Firefighter’s spouse, child, parent, grandparent, brother or sister or the child, parent, grandparent, brother or sister of his spouse and a relative living in the Firefighter’s household. A Firefighter will return to duty the day after the funeral unless funeral leave is extended by the Chief without pay or with pay in the event the Firefighter has unused personal or vacation days.
2. One (1) day off with pay will be granted to a Firefighter in the event of death of an aunt, uncle, niece or nephew of the Firefighter or his spouse, provided said Firefighter attends the funeral.
3. For the purpose of this Section the day off for the funeral is defined as a twenty-four (24) hour day.
F. Military Leave
1. Any employee who is a member of the National Guard, Naval Militia, Air National Guard or a reserve component of any of the Armed Forces of the United States and is required to engage in field training, as is authorized by law, shall be granted paid leave of absence for such Annual Active Duty For Training (ANACDUTRA) in addition to his vacation up to a maximum of fifteen (15) work days per year.
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2. Any Fireman who has been called to active duty or inducted into the military or naval forces of the United States, shall automatically be granted an indefinite leave of absence without pay for the duration of such active military service and the City shall make pension payments required during said leave. Each employee must be reinstated without loss of privileges or seniority provided he reports for duty with the City within sixty (60) days following his honorable discharge or separation from military service, and provided he has notified the City of his intent to report for duty thirty (30) days prior to his discharge from military service.
G. Leave of Absence
1. A request for a leave of absence by a Firefighter shall be made in writing to the Fire Chief. The request along with a Fire Chief’s recommendation explaining the circumstances for the request shall be forward to the City Council. The City Council shall grant a leave provided it determines that he special circumstances warrant such action.
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2. During any leave of absence granted without pay, a Firefighter’s seniority will fail to accrue and all other benefits, considerations and entitlements will be suspended, unless superseded by New Jersey Department of Personnel of rules or otherwise provided for by New Jersey Statutes. ARTICLE VIII
WAGES A. Salary
1. Salary for the purpose of this Agreement shall be the highest salary that a Firefighter is duly and properly authorized to receive at the beginning of each calendar year.
2. In the event of the death of a Firefighter payment of salary shall be made up to and including the day of death together with any accumulated time which the employee may be entitled for services rendered to the City including sick leave benefits.
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3. All increments for employees entitled thereto between the period of January 1 and June 30 shall commence on the preceding January 1. Increments for employees entitled thereto for the period of July 1 to December 31 shall commence on the preceding July 1.
4. Annual Salary is defined effective January 1, 1997 to include $1,200 (formerly clothing allowance, clothing maintenance allowance) and six (6) paid holidays.
5. Total Salary is defined to consist of Annual Salary as noted above, longevity, college incentive plan, hourly differential, Senior Firefighter differential and additional stipend pay.
6. Holiday Pay is calculated by dividing a Firefighter’s Annual Salary by one hundred eighty- two point five (182.5) based on a twelve-hour day.
7. Annual Salary for 2005, 2006, 2007 and 2008 for each Firefighter hired on or before April 3, 2000 shall be as follows: Schedule “A”
Rank | Annual
Salary 2005 | Annual
Salary 2006 | Annual
Salary 2007 | Annual
Salary 2008 |
FIREFIGHTER
CLASS A | $74,678 | $77,665 | $80,772 | $84,003 |
FIREFIGHTER
2ND GRADE CLASS B | $72,478 | $75,377 | $78,392 | $81,528 |
FIREFIGHTER
3RD GRADE CLASS C | $70,234 | $73,043 | $75,965 | $79,004 |
FIREFIGHTER
4TH GRADE CLASS D | $68,013 | $70,734 | $73,563 | $76,506 |
FIREFIGHTER
5TH GRADE CLASS E | $52,705 | $54,813 | $57,006 | $59,286 |
FIREFIGHTER
6TH GRADE CLASS F | $46,701 | $48,569 | $50,512 | $52,532 |
| FIREFIGHTER ACADEMY GRADUATION CLASS H | $40,030 | $41,631 | $43,296 | $45,028 |
FIREFIGHTER PROBATIONARY
CLASS I | $38,478 | $40,017 | $41,618 | $43,283 |
Annual Salary for each Firefighter hired after April 3, 2000 shall be as follows:
Scheduled “B”
Rank | Annual
Salary 2005 | Annual
Salary 2006 | Annual
Salary 2007 | Annual
Salary 2008 |
FIREFIGHTER
CLASS A | $74,678 | $77,665 | $80,772 | $84,003 |
FIREFIGHTER
CLASS B | $72,478 | $75,377 | $78,392 | $81,528 |
FIREFIGHTER
3RD GRADE CLASS C | $70,234 | $73,043 | $75,965 | $79,004 |
FIREFIGHTER
4TH GRADE CLASS D | $68,013 | $70,734 | $73,563 | $76,506 |
FIREFIGHTER
5TH GRADE CLASS E | $60,351 | $62,765 | $65,276 | $67,887 |
FIREFIGHTER
6TH GRADE CLASS F | $52,705 | $54,813 | $57,006 | $59,286 |
FIREFIGHTER
7TH GRADE CLASS G | $46,701 | $48,569 | $50,512 | $52,532 |
| FIREFIGHTER ACADEMY GRADUATION CLASS H | $40,030 | $41,631 | $43,296 | $45,028 |
FIREFIGHTER
PROBATIONARY
CLASS I | $38,478 | $40,017 | $41,618 | $43,283 |
8. Senior Firefighter Differential
Effective January 1, 2000, Firefighters who have completed their twentieth (20th) year of service with the City of Linden shall receive a Senior Firefighter Differential in the amount of $1,500.00 per year to be paid in equal bi-weekly installments.
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B. Salary Increments
Any person employed in the capacity or the rank of Firefighter in the regular Fire Department or who shall receive appointment after final adoption of the Agreement shall be paid during the first year of such employment at the minimum of the salary range provided for his respective position as set forth in this Agreement. After having completed the first year of creditable salary service, he shall receive a salary increment, and each year thereafter, until he shall obtain the maximum salary for that position as set forth in the salary schedule contained herein. ARTICLE IX
LONGEVITY A. All the employees of the Fire Department covered by the within Agreement shall be entitled to and paid longevity pay provided they were appointed to the Fire Department prior to January 1, 1975. Anyone appointed to the Fire Department or employed in any work assignment connected with the Fire Department after December 31,1974 shall not be entitled to longevity pay.
B. Each classified employee who shall have completed more than five (5) years but less than ten (10) years of consecutive service shall be entitled to a longevity payment of 2% of his salary.
More than 10 years but less than 15 years 4%
More than 15 years but less than 20 years 6%
More than 20 years but less than 25 years 8%
More than 25 years 10%
C. Longevity for employees entitled thereto between the period of January 1 and June 30 shall commence on the preceding January 1. Longevity pay for employees entitled thereto for the period of July 1 to December 31 shall commence on the preceding July 1. Longevity pay shall be calculated based on the salary as of December 31 of the preceding year.
D. There shall be a Twelve Hundred Dollar ($1,200.00) annual maximum on the amount of longevity pay received. Leaves of absence at the request of the employee shall not be included in determining length of service. ARTICLE X
GRIEVANCE PROCEDURE
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A. A grievance is defined as a dispute between the City and the F.M.B.A. concerning the application or interpretation of the terms of this Agreement. An earnest effort shall be made to settle such dispute in the following manner:
Step 1: Within three (3) working days of the occurrence of a grievance, the aggrieved employee, a representative of the F.M.B.A. upon the request of the aggrieved employee only and the aggrieved employee’s immediate Commanding Officer shall attempt to resolve such grievance informally. If said grievance is not resolved satisfactorily within three (3) working days of the meeting, the F.M.B.A. shall formally notify the Chief of the Department in writing of the grievance and the desire to pursue said grievance through Step 2.
Step 2: Within five (5) working days of the F.M.B.A.’s notification of the unsatisfactory revolvement of the grievance under Step 1, the aggrieved employee, no more than two (2) members of the F.M.B.A., the aggrieved employees immediate Commanding Officer and immediate shift Deputy Chief shall meet to resolve such grievance. If said grievance is not resolved satisfactorily within three (3) working days of the meeting , the F.M.B.A. shall notify the Chief of the Department in writing of it’s desire to pursue said grievance through Step 3.
Step 3: Within seven (7) working days of the F.M.B.A.’s notification of the unsatisfactory revolvement of a grievance under Step 2, the aggrieved employee’s immediate Commanding Officer, immediate shift Deputy Chief and the Chief of the Department shall meet to resolve the grievance. If said grievance is not resolved within ten (10) days of the meeting, the F.M.B.A. shall notify the Chief of the Department in writing of its desire to pursue said grievance through Step 4.
Step 4: Within fifteen (15) working days of the F.M.B.A.’s notification of the unsatisfactory resolvement of a grievance under Step 3, the aggrieved employee, the F.M.B.A. President, no more than four (4) members (no more than two (2) of which shall be on duty) of the F.M.B.A., the aggrieved employee’s immediate Commanding Officer and immediate Deputy Chief, the Chief of the Department, the City Council Fire Committee, City’s Attorney and City’s Labor Relations Representative shall meet to resolve the grievance. The City Council Fire Committee shall within ten (10) working days the meeting advise the F.M.B.A. in writing of it’s decision.
B. In the event that such grievance or dispute shall not have been satisfactorily adjusted between the parties in the manner provided above, then such grievance or dispute shall be submitted to arbitration within twenty (20) working days at the request of either party to the New Jersey Public Employment Relations Commission (PERC). The arbitrator shall be selected from the panel of arbitrators maintained by the Public Employment Relations Commission in accordance with the selection procedures of the Commission. The arbitrator shall have no authority to add to , subtract from or modify the provisions of this Agreement and shall confine his decision solely to the interpretation of this Agreement. He shall confine himself to the one (1) issue submitted for arbitration unless the parties have agreed otherwise. The decision of the arbitrator shall be final and binding on the parties to the extent permitted by and in accordance with this Agreement and applicable law. No arbitration decisions shall conflict with any other law, rulings or regulations having the force of law.
C. The cost of the services of the arbitrator shall be borne equally by the parties. Any other expenses including the presentation of witnesses incurred in connection with the arbitration shall be paid by the party incurring same. Only the F.M.B.A. or the City shall have the rights to submit a matter to arbitration.
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ARTICLE XI
MISCELLANEOUS A. Clothing Allowance
1. As soon as possible, each new member on the Department shall on the date of his hire be outfitted with a complete seasonable uniform then being worn by Department Personnel. He shall also receive a full issue of standard turnout gear necessary to fight fires. The other seasonal uniform shall be furnished prior to April 15, or October 15 whichever is applicable.
2. A new member of the Department shall be entitled to full clothing credit during the first full fiscal year of his employment in cash.
3. Prior to January 1,1997, all Firefighters covered by this Agreement except those employees assigned to the Fire Prevention Bureau, were entitled to annual clothing allowance credit of Six Hundred Dollars ($600.00). Prior to January 1, 1997 Firefighters assigned to the Fire Prevention Bureau, were entitled to an annual clothing allowance credit of Six Hundred Fifty Dollars ($650.00). All clothing must meet standards and specifications established by the Department.
4. Effective January 1, 1997, clothing allowance will be included in the Annual Salary in accordance with Article VIII, Section A, paragraph 4.
5. In addition to the clothing allowance, turnout gear shall be replaced as needed by the City, except in the event of a Firefighter’s negligence.
6. Evidence of need for replacement of all items of clothing or equipment requested by an employee shall be furnished upon demand of the Chief of the Department.
7. Any change to the present Firefighter uniform will be paid for by the City.
B. Clothing Maintenance Allowance
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1. Prior to January 1,1997, all Firefighters except those employees assigned to the Fire Prevention Bureau received a clothing issue maintenance allowance annually of Five Hundred Fifty Dollars ($550.00) in cash. Prior to January 1, 1997, Firefighters assigned to the Fire Prevention Bureau received a clothing issue maintenance allowance of Six Hundred Seventy Dollars ($670.00) annually in cash.
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2. Effective January 1, 1997, clothing maintenance allowance will be included in the Annual Salary in accordance with Article VIII, Section A, paragraph 4.
C. Emergency Meals
The City agrees to feed employees of the Fire Department who are working emergency overtime for any period that exceeds four (4) hours. The cost of each overtime meal is not to exceed Seven Dollars and Fifty Cents ($7.50).
D. Outside Employment
An employee may engage in any lawful outside employment or outside business activity while off-duty provided the Chief has been notified in advance concerning the name of the employer and the nature of such employment. Employees may engage in any lawful outside employment or outside business activities while off duty. However, employees will consider their positions with the City as their primary employment. Any outside employment or business activity must not interfere with the employee’s efficiency in his position with the City, nor constitute any conflict of interest. Other employment or business activity must not involve work contracts or bids submitted for the City of Linden, agencies or autonomous bodies of the City of Linden. The City will notify the employee in writing in the event the employee’s outside employment or business activity is interfering with the employee’s efficiency in his position and/or constitutes a conflict of interest.
E. In Case of Death of an Active Fireman
In case of death of an active Fireman laid out in uniform, and on request of family for an honor guard, it will be provided by the Fire Department.
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F. Duties
1. Employees may be assigned to perform any duties related to firefighting, fire prevention, rescue, salvage, overhaul work, care and maintenance of firefighting equipment and apparatus, and minor maintenance and housekeeping of Fire House.
2. It is understood that this will not encompass construction, plumbing, electrical, painting, carpentry, masonry, or other such maintenance and mechanical work normally performed by other employees of the City or individual contractors.
G. Immunization
The Chief of the Fire Department and the F.M.B.A. shall decide what immunization program is to be undertaken, the cost of which shall be borne by the City.
H. Fire Science Program
1. After one (1) year of continuous service, any Firefighter attending an accredited school to attain an Associate or Bachelor’s Degree in Fire Science, a Firefighter required to take similar related courses as a result of his particular assigned position in the Department, shall in addition to his regular annual salary receive Fourteen Dollars ($14.00) per credit or credit equivalent to a maximum of ($1,848.00) annually, and be reimbursed for all tuition and text books costs, upon completing each course with a passing grade of C.
2. Academic course credits necessary to an Associate Fire Science Degree or similar related courses, shall not be compensated at the Fourteen Dollar ($14.00) per credit rate unless and until a Firefighter has successfully completed a minimum of two (2) basic Fire Science courses.
3. All Firefighters attending mandatory classes require by the Department shall have the tuition and textbook cost reimbursed by the City upon enrollment.
4. Effective July 1, 1997, Firefighters will receive no additional payment for credits earned on or after that date until they have earned an Associates Degree (or sixty-four (64) credits when enrolled in a Bachelor’s Degree program at an institution which does not grant an Associate’s Degree) or Bachelor’s Degree. The Firefighter will, however, continue to receive payment for those credits, credit equivalent or required courses as a result of his particular assigned position in the Department earned before July 1, 1997. Upon receiving a Degree as noted above, the Firefighter will receive total compensation under this program as follows:
a. Associate Degree $ 950.00
b. Bachelor Degree $1,900.00
5. Compensation for the Degrees noted above shall be effective on January 1 and July 1 of the current year, whichever date is closest to having earned such degree.
I. F.M.B.A. Dues Deduction
1. The City agrees to deduct F.M.B.A. membership dues from the pay of each employee member of the F.M.B.A. once each month. Said membership dues shall be transmitted with a list of employee members to the F.M.B.A. within fifteen (15) calendar days of such deduction.
2. The F.M.B.A. agrees to furnish the City written authorization from each employee member of the F.M.B.A. to effect such dues deduction in a specific dollar amount.
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3. The City agrees to deduct eighty- five percent (85%) of established F.M.B.A. membership dues from all non- F.M.B.A. member employees as provided for under New Jersey State Statute, and shall transmit said dues deduction in accordance with Paragraph 1 hereinabove.
4. The F.M.B.A. agrees to indemnify and hold the City harmless from and against any and all claims, legal suits or liability of any kind whatsoever arising from the aforementioned deduction of dues.
J. Building Code and Bureau of Fire Safety Certification
1. All members assigned to the Linden Fire Prevention Bureau will receive additional compensation of 6% of their base salary. Said member must be certified as a Uniformed Fire Inspector or Fire Official under the N.J. State Uniform Fire Code (N.J.A.C. 5:71-4.3 - 4.11), and must maintain such certification. The additional compensation will be as follows:
2% Upon Appointment
4% After 1 year of appointment
6% after 2 years of appointment
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2. All employees who received Bureau of Fire Safety certification shall receive One Hundred Dollars ($100.00) each year. A separate check shall be issued no later than December 1 of each year. This amount shall not be added to base salary. Courses taken to obtain and maintain this certification shall not be applied to a Fire Science Degree Program salary credits. Any employee who fails to maintain or loses his certification shall not receive the One Hundred Dollars ($100.00).
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K. Hourly Differential
All shift firefighters with more than one (1) year of seniority will receive an hourly differential payment of Five Hundred Dollars ($500.00) per year.
L. Direct Deposit
Firefighters may elect to receive their paycheck via direct deposit. ARTICLE XII
INSURANCE A. Health Insurance
1. Effective January 1, 2005, all new employees and their eligible dependents hired after March 1, 2005, shall be enrolled in one of the choices of the Managed Health Program, under the State Health Benefits, the premiums of which are paid by the City.
2. All other employees hired prior to March 1, 2005 and their eligible
dependents shall be entitled to full coverage of any option including traditional coverage under State Health Benefits, the premiums of which are paid for by the City. Additionally, upon retirement, all employees, including employees hired after March 1, 2005, and their eligible dependents shall be entitled to all health benefits as provided through N.J.S.A. 40A:10-23, as it exists and may be amended.
3. The City shall provide all firefighters and their eligible dependents with a dental care plan, vision care plan and prescription drug plans. The entire cost of the premiums for these plans shall be paid by the City. Effective January 1, 2005, prescription drug co-payment shall be $10.00 for generic drugs and $20.00 for name brand drugs.
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4. The City reserves the right to change insurance carriers and/ or plans or to self-insure so long as substantially similar benefits are provided. The F.M.B.A. will be furnished a copy of the purposed new plan. In the event the Union files a grievance in accordance with the provisions of Article X, the matter will be expedited and no changes will be made during the pendency of the arbitration proceedings.
5. Waiving Health Insurance Coverage
Employees who are covered under the health insurance plan of a spouse may waive the City’s health insurance coverage and will be entitled to an annual cash payment in accordance with the provisions of the City of Linden Resolution approved on December 20, 2000.
Employees who are covered under the health insurance plan of a spouse not employed by the City of Linden or employees who have health insurance coverage elsewhere, may decline the City’s health insurance coverage and will be entitled to an annual cash payment in accordance with the provisions of the section noted below:
a. The annual cash payment will be $2,000.00 payable on or about December 20 of each year that the employee has declined the City’s health insurance coverage. In the event that the employee has not been employed for a full calendar year, the aforementioned $2,000.00 payment will be prorated.
b. The declining of health insurance coverage is solely at the employee’s option.
c. The employee will notify in writing the finance office on a form to be provided by the City no later than December 20 of the year preceding the year for which the employee is declining health insurance coverage. ‘
d. Proof of other health insurance coverage as noted above must be included with the form declining the health insurance coverage of the City.
e. In the event an employee requests a return to the City Health Plan prior to receiving the compensation noted in Section B-1, the employee will not be entitled to any payment whatsoever.
f. An employee who requests a return to the City’s Health Insurance Plan will be eligible for coverage in accordance with the existing rules and regulations of such coverage.
g. In the event an employee seeking to return to the City Health Plan is not eligible for immediate coverage under such plan, the City will pay for COBRA coverage at a cost not to exceed the cost of premiums being paid for the employer under the City Health Plan. B. Life Insurance
The City shall assume the full cost of Life Insurance for each employee of the Fire Department to a maximum coverage of Fifteen Thousand Dollars ($15,000.00).
C. Workmen’s Compensation Insurance
The City shall maintain in full force and effect, Workmen’s Compensation Insurance for all employees of the Fire Department. Employees shall return to the City of Linden all temporary disability benefits which the said employees received for that period of time that the employee was receiving in full pay from the City.
D. Automobile Liability Insurance
The City shall provide adequate Automobile Liability Insurance for all vehicles of the Fire Department and shall keep same in effect at all times.
E. Temporary Disability Insurance
1. All Firefighters will receive New Jersey State Temporary Disability Insurance as provided for and administered by the New Jersey Division of Unemployment and Disability Insurance.
2. Premium payment of this insurance coverage, a portion paid by each Firefighter, will be programmed annually in accordance with the State Division of Temporary Disability directives.
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ARTICLE XIII
F.M.B.A. ACTIVITY PROTECTED A. Maintenance of Operations
1. Except for the right to strike or to withhold services which are hereby prohibited, all other F.M.B.A. activities are protected, except as such activities are restricted by or are in conflict with other provisions of this Agreement. Nothing shall abridge the right of any duly authorized representative of the F.M.B.A. to present the views of the F.M.B.A. to the issues which affect the welfare of its members, except by mutual agreement of the parties.
2. The F.M.B.A. agrees that neither the F.M.B.A. nor any person acting on its behalf will cause, authorize, engage in, sanction, assist or support, nor will any of its members take part in any strike, work stoppage, slow down, sick out, walk out, or other job action, nor shall there be any individual action the purpose of which is to induce employees to engage in such activities against the City in any form.
3. Nothing contained in this Agreement shall be construed to eliminate or restrict the City in its right to seek and obtain such judicial relief as it may be entitled to have it in law or in equity for injunction or damages, or both, in the event of such breach by the F.M.B.A. or its members.
4. The City agrees not to cause, authorize or engage in any lockout of employees covered under this Agreement.
5. The City and the F.M.B.A. may modify this Agreement during this term, provided any modifications agreed to are put in writing and are signed by both parties.
B. 1. Firefighters will not be subjected to hardship during any review, inspection or
training period.
2. When the temperature is less than 32 degrees Fahrenheit, or over 90 degrees Fahrenheit, all outside activity will be suspended except recruit training, pre-planned industry training conducted by the Training Division and when members of the Department have been given the opportunity to attend outside demonstrations of Fire Department related functions.
3. In-service inspections may be held at temperatures between 32 degrees and 90 degrees Fahrenheit. ARTICLE XIV
PRIOR PRACTICES All other rights, benefits and privileges enjoyed by employees which are not specifically provided for or abridged in this Agreement are hereby protected by this Agreement, including but not limited to any rights, benefits and privileges bestowed on the employees by laws of the United States, laws of New Jersey, Civil Service Laws of New Jersey or City Ordinances of Linden. ARTICLE XV
MANAGEMENT RIGHTS A. The City of Linden hereby retains and reserves unto itself, without limitation, all powers, rights, authority, duties and responsibilities conferred upon and vested in it prior to the signing of this Agreement by the laws and Constitution of the State of New Jersey and of the United States, including but without limiting the generality of the foregoing the following rights:
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1. The executive management and administrative control of the City Government and its properties and facilities and activities of its employees utilizing personnel, methods and means of the most appropriate and efficient manner possible as may from time- to -time be determined by the City.
2. To use improved methods and equipment, to decide the number of employees needed for any particular time and to be in sole charge of the quality of the work required.
3. To hire all employees, to promote, transfer, assign or retain employees in positions within the City.
4. To reprimand, suspend, discharge or take any other appropriate disciplinary action against any employee for just cause.
5. To lay off employees in the event of lack of funds.
B. The exercise of the foregoing powers, rights, authority, duties and responsibilities of the City, the adoption of policies, rules, regulations, and practices in furtherance thereof, and the use of judgement and discretion in connection therewith shall be limited only by the specific and express terms of this Agreement and then only to the extent such specific and express terms are in conformance with the Constitution and laws of New Jersey and of the United States and Ordinances of the City of Linden.
C. Nothing contained herein shall be construed to deny or restrict the City of its powers, rights, authority, duties, or responsibilities under R.S. 40, 40A and 11 or any other national, state, county, or local laws or ordinances. ARTICLE XVI
SEPARABILITY AND SAVINGS If any provision of this Agreement or application of this Agreement shall be held invalid by operation of law or by any tribunal or competent jurisdiction, or if compliance with or enforcement of any provision shall be restrained by such tribunal pending a final determination as to its validity, such provision or appliance shall be inoperative but all other provisions shall not be affected thereby and shall continue in full force and effect.
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ARTICLE XVII
FULLY BARGAINED PROVISIONS This Agreement represents and incorporates the complete and final understanding and settlement by the parties on all bargainable issues which were or could have been the subject of negotiations. During the term of this Agreement, neither party will be required to negotiate with respect to any such matter. ARTICLE XVIII
DURATION A. This Agreement entered into on this ____ day of ___________, 2005 shall be effective from January 1, 2005 through December 31, 2008. Any changes in salary or other economic benefits will apply only to those Firefighters in the employment of the City as of the date of signing of this Agreement or who retired from the employment of the City or who died during the term of the Agreement. Either party wishing to terminate, amend or modify such contract must so notify the other party in writing no more than ninety (90) days nor less than sixty (60) days prior to such expiration date. Within fifteen (15) days of the receipt of notification by either party, a conference shall be held between the City and the F.M.B.A. Negotiating Committee for the purpose of such Agreement modification or termination.
B. In the event neither party serves such written notice of desire or intention to terminate, amend or modify this Agreement on or before aforementioned sixty (60) days prior to expiration of this Agreement, then the duration of this Agreement shall
continue for one (1) additional year.
LINDEN F.M.B.A. LOCAL 34 CITY OF LINDEN
By:______________________ By: _____________________
MAYOR
ATTEST: ATTEST:
By:______________________ By: _____________________
CITY CLERK
ATTEST:
By: _____________________
PROPOSED ADDENDUM TO THE CURRENT AGREEMENT
BETWEEN THE CITY OF LINDEN
AND
F.M.B.A. LOCAL #34
REGARDING THE ESTABLISHMENT OF AN EMERGENCY MEDICAL SERVICE
1. The new job classification of E.M.T., U.F.D. will be promotional subject to New Jersey Department of Personnel testing.
2. For the purpose of promotions, assignments or lateral moves, the title of E.M.T., U.F.D. will be the same and equal to the U.F.D. classification.
3. The Emergency Medical Service (E.M.S.) System shall operate in accordance with all applicable State of New Jersey statues and regulations.
4. If at any time the E.M.S. System fails to meet the State of New Jersey statues and regulations or if two (2), E.M.T. , U.F.D.’s are unavailable to man the E.M.S. System ambulance and replacements are unavailable under the emergent circumstances and procedures as set forth in Paragraph B, it shall be taken out of service.
5. The City shall provide for adequate insurance coverage and pension benefits for those members assigned to the E.M.S. System. In the event an E.M.T., U.F.D. is injured while performing E.M.S. duties and would otherwise be eligible for benefits under the New Jersey Police and Fire Retirement System, except for the fact that said E.M.T., U.F.D. was injured while performing E.M.S. duties, the City shall be responsible to said E.M.T., U.F.D. for the difference in available pension benefits.
6. All City of Linden Uniformed Firefighters who currently hold a valid E.M.T. Certification which was obtained through the City of Linden Fire Department shall be required to maintain their E.M.T. Certification. Provided, however, that no Firefighter, except those Firefighters who become employed by the City of Linden Fire Department subsequent to the effective date of the within Addendum, shall be required to perform E.M.S. duties without his consent except in the event of an emergency.
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The term emergency shall be defined as any unusual conditions caused by fire, disaster, civil disturbance, melee or riot or vacancies cause by sickness or injury reported or having occurred less than two (2) hours prior to the commencement of the employees tour of duty, whereby the safety of the public is endangered or imperiled or where an entire shift is held over or an entire shift is called in early. The filing of a vacancy in an E.M.T., U.F.D. position under emergent circumstances as defined above, shall be accomplished by first recalling the active E.M.T. , U.F.D.’s to solicit volunteers: if the vacancy remains unfilled, then all of the Firefighters with valid E.M.T. Certificates who are not active in the E.M.S. System shall be contracted to solicit volunteers; if the vacancy still remains unfilled, then all active E.M.T., U.F.D.’s and, subsequently, all Firefighters with valid E.M.T. Certificates shall be subject to mandatory recall. In the event a Firefighter with a valid E.M.T. Certificate, who is not active in the E.M.S. System, fills a vacancy created under emergent conditions, that Firefighter shall receive the same increase in base salary as an active E.M.T., U.F.D. for time spent as a volunteer active E.M.T., U.F.D. In no event, shall such volunteer active E.M.T., U.F.D. be considered a permanent active member in the E.M.S. System due to E.M.S. duties performed under emergent conditions.
7. The E.M.T., U.F.D.’s shall come from volunteers in the order or seniority or from the new members of the Linden Fire Department who become employed after the E.M.S. System is in effect. When a new member of the Linden Fire Department, who is an E.M.T., U.F.D. and assigned to a platoon , E.M.T., U.F.D. senior in the System may rotate out. Said E.M.T., U.F.D. shall return to Firefighter status at the prevailing Firefighter rate of pay.
8. When an E.M.T., U.F.D. rotates out of the System, said member shall not be reassigned to the E.M.S. without the member’s consent. Any member who volunteers for the E.M.S. shall be required to stay in the System until such time as a rotation opportunity arises.
9. The primary hours of the E.M.S. System shall be Monday through Friday 5:00 a.m. to 6:00 p.m.
10. The E.M.S. System shall be a Linden Fire Department operation, it shall be administered and operated by the Linden Fire Department.
11. The E.M.S. System shall have an administrator, (in rank of officer) who shall be responsible for direction, equipping and maintaining the System.
12. The E.M.S. System’s radio shall operate on the low band frequencies, 46.06 and 46.10.
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13. The City shall provide the members of the E.M.S. System with suitable work clothing, separate from station uniforms, (exception, Titan Jacket) and shall provide laundry service for the E.M.T.’s work uniforms.
14. The City shall provide the E.M.T., U.F.D.’s with the personal medical equipment necessary to perform their duties and shall replace said equipment if lost or damaged.
15. The City shall provide immediate medical screening to E.M.S. personnel who may have come in contact with diseases which could jeopardize the E.M.T., U.F.D.’s health and safety.
16. Only the first twelve (12) E.M.T., U.F.D.’s, as determined by the New Jersey Civil Service, Department of Personnel who are assigned to the E.M.S. System shall receive eight percent (8%) more than the U.F.D. base salary in effect, Any other E.M.T., U.F.D. who replaces one of the first twelve (12) E.M.T., U.F.D.’s shall receive, for all time worked in the capacity, the authorized paid to the replaced E.M.T., U.F.D.
17. Firefighters who attend E.M.T. school shall be compensated in cash for their time in excess of the forty-two (42) hour work schedule at a rate of time and one half (½).
18. When the assigned of two (2) E.M.T., U.F.D. employees causes overtime to be paid to other than E.M.T. assigned personnel, U.F.D. Firefighters will be used to fill the overtime.
19. This Agreement shall be adopted as an Addendum to the current Agreement between the City of Linden and the F.M.B.A. Local #34.
20. Any E.M.T., U.F.D. assigned to the E.M.S. System not assigned to the ambulance shall work as line Firefighters.
LINDEN F.M.B.A. LOCAL 34 CITY OF LINDEN
By: _____________________ By:_____________________
MAYOR
ATTEST: ATTEST:
By:_____________________ By: _____________________
CITY CLERK
ATTEST: ATTEST:
By:_____________________
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MEMORANDUM OF AGREEMENT
This Memorandum of Agreement between the City of Linden, New Jersey (hereinafter referred to as “City”) and Local No. 34, Fireman’s Mutual Benevolent Association hereinafter referred to as the “F.M.B.A.”) is being entered into by the parties for the purpose of implementation of a 24-72 work schedule and requires modification of those provisions of the F.M.B.A. Agreement and noted below.
The City and the F.M.B.A. agree and intend that the work schedule shall qualify for and be consistent with the fire protection modification and exemption from overtime compensation provisions of the United States Fair Labor Standards Act, Section 7 (k).
The parties therefore agree as follows:
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I. Work Schedule
A. The 24-72 work schedule shall be based upon a recurring work period of 28 days consisting of a 24 hour tour of duty, followed by 72 hours off on a recurring basis. The aforementioned schedule constitutes a regular recurring work period within the meaning of Section 7 (k) of the FLSA. Each employees specific days on and days off duty shall be determined by the City.
B. Employees who are scheduled and required to attend training sessions on days other than their normally scheduled work day will be compensated at straight time in compensatory time for such in-service training.
II. Conversion of “Days” to “Hours”
A. Days as noted below shall be converted to “hours” on the basis of one (1) day equals twelve (12) hours.
1. “Operational Periods” shall mean either eleven (11) or thirteen (13) hours as presently utilized.
2. Vacation time shall be taken as full shifts only in blocks of twenty-four (24) hours.
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3. Sick time may upon approval of the Chief or his designee by taken in operational periods of eleven (11) (short day) or thirteen (13) (long night) hours.
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B. Agreement Adjustments
1. Article 111 - Acting Officers, Section d “per day” equals per operational period.
2. Article V - Vacation - “Working days” to be converted to twelve (12) hours per working day.
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3. Article VI - Holidays - Personal Days - Fire Service Day - Throughout this Article “day” to be converted to hours at the rate of twelve (12) hours per day.
4. Article VII - Leaves - “Day” to be converted to hours at the rate of twelve (12) hours per day.
Section A. 3a. - All members of the Fire Department are entitled to 180 hours of sick leave per year cumulatively to be taken in units of 11 or 13 hour operational periods or 10 hours for those employees engaged in non-fire fighting duties.
Throughout the balance of Article days to be converted to hours at the rate of twelve (12) hours per day.
Section D clarified to read “thirty (30) calendar days” in the fourth line.
Section F clarified to read “fifteen (15) calendar days” in the seventh line.
Article VIII - Wage - “Days” to be converted to hours on the basis of twelve (12) hours per day.
5. It is the intention of the City and the F.M.B.A. that by implementing a 24-72 work schedule that no employees will receive any additional benefits by way of time or otherwise. In the event that any provisions of the Agreement have not been specifically mentioned above, with regard to the conversion to hours from days during the trial period, the parties agree that such conversion shall be so done, so that vacations, other time off and like benefits of employees during the trial period are as close to the previous (11/13) schedule as possible without any increases.
C. The City, in its sole discretion, reserves the right to change back to the 11/13 hour operational periods after thirty (30) days prior written notice to the F.M.B.A. Local No. 34. Such decision by the City is not subject to negotiations or arbitration.
IN WITNESS WHEREOF, the parties have hereunto subscribed their hands and seal this ___________ day of ____________2005.
LINDEN F.M.B.A. LOCAL 34 CITY OF LINDEN
____________________________ ________________________
John T. Gregorio
Mayor |