2004-964-Resolution No. 2004-086 Recorded 7/7/2004VIEWED
LEGAL COUNSEL
COUNTY
NANCYUTES BLANKENSHIP,FFICIAL COUNTY CLERKDS Yd 004.964
COMMISSIONERS' JOURNAL ,
2004-964
01/01/1004 09,5844 AM
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution Ratifying the Sunriver Service
District's Contract with the Sunriver Career
Firefighter Association.
RESOLUTION NO. 2004-086
WHEREAS, the Sunriver Service District was created on June 12, 2002, by Order No. 2002-085 of the
Deschutes County Commissioners; and
WHEREAS, the Deschutes County Commissioners, acting as the Governing Body of the District on
January 8, 2003, in Resolution No. 2003-002 did delegate the management of personnel to the Sunriver Service
District's Managing Board; and
WHEREAS, the Managing Board has negotiated a union contract with the Sunriver Career Firefighter
Association, IAFF Local 4262, now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
COUNTY, OREGON, as follows:
Section 1. The Sunriver Service District shall enter into the Contract attached as Exhibit A with the
Sunriver Career Firefighter Association, IAFF 4262.
L 11
DATED this A--�day of t✓ vim,_ 52004.
ATTEST:
Recording Secretary
PAGE 1 of 1— RESOLUTION NO. 2004-086 (06/24/04)
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON, ACTING AS
THE GOVERNING BODY OF THE SUNRIVER
SERVICE DISTRICT
qfC!hAEL'K4. DAL , Chair
ye,
DENNIS R. LUKE, Co issioner
TOM DEWOLF, Commissioner
Collective Bargaining Agreement
Sunriver Service District
And
Sunriver Career Firefighter Association
IAFF 4262
July 1, 2004 — June 30, 2007
7/01/04 (Final Agreement) i
TABLE OF CONTENTS
PREAMBLE................................................................................................................................................................
l
Article1:
Recognition..........................................................................................................................................
2
Article2:
Non —Discrimination...........................................................................................................................
2
Article 3:
Union Security/Payroll Deductions....................................................................................................3
Article4:
Management Rights............................................................................................................................4
Article5:
Strikes and Lockouts...........................................................................................................................5
Article 6:
Copies of Agreement and other Documents......................................................................................5
Article7:
Union Representation..........................................................................................................................
5
Article8:
Bulletin Board......................................................................................................................................6
Article9:
Seniority...............................................................................................................................................
6
Article10:
Hours of Work.....................................................................................................................................7
Article11:
Safety....................................................................................................................................................
7
Article12:
Overtime...............................................................................................................................................8
Article13:
Acting in Capacity...............................................................................................................................8
Article 14:
Schools, Seminars, Training, and Meetings......................................................................................
9
Article15:
Vacations............................................................................................................................................10
Article16:
Civil Service.......................................................................................................................................11
Article17:
Sick Leave..........................................................................................................................................12
Article18:
Bereavement Leave...........................................................................................................................
13
Article19:
Leave Without Pay............................................................................................................................13
Article20:
Other Paid Leave...............................................................................................................................
14
Article21:
Insurance............................................................................................................................................15
Article 22:
Industrial Accident and Long Term Disability Insurance.............................................................15
Article 23:
Grievance Procedure.........................................................................................................................16
Article 24:
Retirement and Deferred Compensation Program........................................................................18
Article25:
Layoffs................................................................................................................................................19
Article 26:
Clothing and Uniforms......................................................................................................................20
Article27:
Personnel File.....................................................................................................................................21
Article28:
Substance Abuse Policy.....................................................................................................................22
Article29:
Wellness Program..............................................................................................................................28
Article 30:
Discipline and Discharge...................................................................................................................28
Article31:
Savings Clause...................................................................................................................................
28
Article32:
Duration of Agreement.....................................................................................................................
29
APPENDIXA: Wage Scales..............................................................................................................................
30
APPENDIXB: Incentive Pay............................................................................................................................
32
7/01/04 (Final Agreement) i i
PREAMBLE
This Agreement is entered into between the Sunriver Special Service District, hereinafter
referred to as the "District', and the Sunriver Career Firefighter Association, IAFF Local 4262,
hereinafter referred to as the "Union" or "Bargaining Unit', and whose members are hereinafter
referred to as "Employee" or "Member" and collectively as "Employees" or "Members".
7/01/04 (Final Agreement) 1
Article 1: Recognition
1.1 — Voluntary Recognition
The District voluntarily recognizes the Union as the sole and exclusive bargaining agent
in the Bargaining Unit consisting of all regular full-time Employees in the classification
of Firefighter/Paramedic; Engineer/Paramedic; and Fire Captain/Paramedic. Excluded
from the Bargaining Unit are all other Employees including supervisors, office staff,
confidential employees, reserves, volunteers and temporary hires. Any or all of the
included classifications shall be certified as Paramedics in addition to their rank, except
for those new hires on probation that have entered into a written agreement with the
District to obtain Paramedic certification prior to the completion of their probationary
period.
1.2 — Probationary Period
Every new Employee shall serve a probationary period of twelve (12) months unless
modified by mutual agreement. During this period, probationary Employees may be
terminated with or without cause and such termination shall not be subject to the
grievance procedure.
1.3 — Bargaining Unit Jurisdiction
Due to the current size and makeup and organization, the Union recognizes that fire
department operations, including all emergency services, may be performed by
supervisory or managerial personnel, reserves, volunteers or temporary employees,
Neither side waives their right to assert supervisor status questions in accordance with
ORS 243.650 (23).
Article 2: Non —Discrimination
2.1 This Agreement applies equally to all Members of the Bargaining Unit without regard to
race, color, sex, religion, age, marital status, disability, or Union membership or activity
or political affiliation of all members of the bargaining unit. All references to gender in
this Agreement shall designate both sexes. When either the male or female gender is
used, it shall be considered to include all Employees.
7/01/04 (Final Agreement)
Article 3: Union Security/Payroll Deductions
3.1 In accordance with Oregon law, each newly hired Employee shall within thirty (30) days
after hire shall become a Member of the Union and submit monthly dues and initiation
fee deduction equal to the uniform dues of the Members of the Union as a condition of
employment. This automatic deduction is called "check -off'.
3.2 Upon receipt of a complete and signed copy of the form, the District shall deduct Union
dues from the wages of such Employee. The District shall not be in violation of this
provision due to check -off errors so long as such errors are adjusted no later then the end
of the month payroll thirty (30) days after such notice is received.
3.3 If an Employee objects to "check -off' based on bona fide religious tenets or teachings of
a church or religious body of which such Employee is a member, the Employee may
inform the District and the Union of the objection. The Employee and the Union shall
establish a satisfactory arrangement for the distribution of the amount of money
equivalent to the regular Union membership dues to a non -religious charity.
3.4 The District shall provide the Union with deducted union dues no more then five (5)
business days after the payroll process is conducted.
3.5 The District shall notify the Union of all new hires including names, addresses, and
dates of hire.
3.6 The Union shall indemnify and hold the District harmless against any claims made and
against any lawsuit instituted against the District as a result of any action taken
pursuant to the provision of Sections 3.1 through 3.3. The Union and the District each
agree to reimburse any money paid or not paid in error within thirty (30) calendar days
of when such error becomes known.
7/01/04 (Final Agreement) 3
Article 4: Management Rights
4.1 In order to operate its business, the District, in its sole discretion, retains and shall have
the following exclusive rights: to determine the number, location and type of facilities; to
determine the type and/or quality of services rendered; to determine the methods,
techniques and equipment utilized; to hire, supervise, evaluate, discipline, discharge,
promote, demote, layoff, transfer and recall the work force; to assign work, as well as
change, combine, create or abolish job classifications and job content; to establish and
make known reasonable work rules and safety rules for all Employees; to contract
services consistent with section 4; and to determine the number of Employees, including
the number of Employees assigned to any particular operation or shift.
4.2 Any of the rights, powers, authority and functions the District had prior to the negotiation
of this Agreement are retained by the District and the express provisions of this
Agreement constitute the only limitations on the District's right to manage its business.
The District not exercising rights, powers, authority and functions reserved to it, or its
exercising them in a particular way, shall not be deemed a waiver of said rights, powers,
authority and functions or of its right to exercise them in some other way not in conflict
with a specific provision of this Agreement.
4.3 All other traditional rights of management are also expressly reserved to the District. The
expressed provisions of this Agreement constitute the only limitations upon the District's
right to manage its business as set forth in Article 4.
4.4 The District agrees to notify the Union prior to changing a working condition not covered
by this Agreement which may be a "mandatory" subject of bargaining, or of decisions
resulting in significant impact upon the Employees. Such changes may be addressed by
the Union in accordance with ORS 243.698; however, the parties agree that bargaining
will take place in 30 days, not the 90 days required by statute and that management may
implement its intended change after 30 days, subject to a possible ruling by an arbitrator.
4.5 In the event the District determines at some future date that it is in the best interest of the
citizens served by the District to merge, transfer, consolidate or contract services with
another public safety agency, the rights of the Bargaining Unit Employees shall be
governed by ORS 243.610 where applicable. The District agrees to negotiate the impact,
if any, to the Employees affected by the District's decision.
4.6 The use of volunteers/reserves is not considered "contracting out services" as provided
for in ORS 236.610.
4.7 The District is under no obligation to maintain past practices, existing conditions, or
historical benefits, except as provided for in 4.4 above.
7/01/04 (Final Agreement) 4
4.8 The decision to hire, schedule, transfer, assign, promote Employees shall be based on
factors such as skill, ability, qualifications, education, training, length of service and
work records as determined solely by the District. The above section shall be subject to
the provisions contained in Article 9.2 and Article 25.
Article 5: Strikes and Lockouts
5.1 Strikes
All Members subject to this Agreement are strike -prohibited Employees under ORS
243.736. It is unlawful for any such Employee to strike or recognize the picket line of a
labor organization while on the performance of official duties.
5.2 Lockout
There shall be no unlawful lockout of Employees in the Bargaining Unit by the District
during the term of this Agreement. In the event a lockout is found to be unlawful under
the statutes, the District shall, upon proper notification, allow a prompt and orderly return
to work.
Article 6: Copies of Agreement and other Documents
6.1 The District shall furnish each Employee with a copy of this Agreement, the District's
rules and regulations, and any amendments or revisions thereto.
Article 7: Union Representation
7.1 Employees shall have the right to form, join, or assist in a labor organization, and to
bargain collectively through representatives of their choosing.
7.2 A single Union representative shall be allowed time off with pay, provided that such time
falls within the regular work schedule, to attend scheduled grievance proceedings,
mediations, and arbitrations.
7.3 The Union may hold meetings in the fire station after 5:00 P.M. on weekdays except
when Monday night drills are scheduled. If the meeting room is to be used, it shall be
scheduled through normal scheduling procedures. The Fire Chief or his designee must
approve any proposed meetings prior to 5:00 P.M. on weekdays.
7.4 Union meetings shall not interfere with responses by on duty personnel.
7/01/04 (Final Agreement)
Article 8: Bulletin Board
8.1 The District shall provide a bulletin board for Union use. This bulletin board shall be
located in the fire station next to similar bulletin boards. The parties agree that the
bulletin board shall be used by the Union to keep Members informed as to its social,
charitable, and representational activities.
Article 9: Seniority
9.1 Seniority as used in this Agreement is determined by the length of time of an Employee's
continuous service with the District since their last date of hire.
9.2 Seniority in rank is determined by date of appointment. If two or more Employees start
on the same date, the order of seniority shall be determined by the entrance examination
score prior to the assignment.
9.3 Union members with prior service with the Sunriver Owners Association (SROA) shall
be recognized as having continuous service with and by the District since their original
date of hire.
9.4 The District shall provide the Union with a copy of the Seniority list on July 1
of each year. Corrections noted by the Union shall be made within thirty (30) days.
9.5 Continuous service is defined as that service unbroken by separation from fire department
employment, except that time on vacation, sick leave or leave of absence with pay.
Employees returning from military leave, layoff, or leave of absence without pay, shall be
entitled to credit for service prior to leave or layoff.
9.6 If an Employee leaves the Bargaining Unit to go to a position outside the Bargaining
Unit, their seniority shall be frozen. Should they return to the Bargaining Unit, they shall
receive only credit for the time spent in the Unit.
9.7 An Employee shall lose all seniority in the event of discharge for just cause or voluntary
termination of employment, or a layoff of more than two (2) years.
7/01/04 (Final Agreement) 6
Article 10: Hours of Work
10.1 Normal work schedules for fulltime Union members shall include a regular shift schedule
composed of twenty-four (24) hours on duty and forty-eight (48) hours off duty. In the
event the District has a legitimate business reason to change a normal work schedule, an
affected employee shall be provided a minimum of 30 -calendar days notice.
10.2 Employees shall have the right and approval of the District to exchange shifts with the
approval of the Fire Chief or his designee. Trade time will normally be rank for rank
unless the Employees are on an established promotional list for the District. The District
shall not be responsible nor liable for any unfulfilled trade time due to Employee error.
10.3 The standard work period shall consist of 216 hours in a 27 -day work period (204 regular
hours and 12 hours of overtime). In order to be eligible for overtime, the Employee must
have worked 204 paid hours in the work period.
10.4 The hourly rate shall be the Employee's monthly base wage divided 240.
10.5 When necessary for the District to change an Employee's permanent shift assignment for
60 calendar days or longer, and except in the case of unforeseen emergency situations,
the Employee shall be notified a minimum of thirty (30) calendar days prior to such a
change.
{tc \1 0 "02PAYROLL INFORMATION'}
Article 11: Safety
11.1 The District and the Union agree to cooperate in the continuing objective to eliminate
accidents and minimize health hazards.
11.2 All Employees are encouraged and expected to inform their supervisor of safety concerns
in the work place including health and safety issues.
11.3 The District and the Union shall participate on a Fire Department Safety Committee as
required by OSHA.
7/01/04 (Final Agreement) 7
Article 12: Overtime
12.1 As used in this Agreement, "overtime" shall mean any time worked in excess of the
regular work schedule or in excess of two hundred four (204) hours in a twenty-seven
(27) day work period. Any paid time off shall be considered time worked, except for
time off related to on-the-job injuries as in Article 22.
12.2 Employees shall be paid overtime at time and one-half (1-1/2) their regular hourly rate.
The District requires that all overtime worked must be expressly authorized and approved
in advance unless the Employees is engaged in providing emergency services at the end
of the assigned shift.
12.3 Any Employee who is authorized and directed to work overtime shall receive overtime
compensation. This applies to working call back for sick leave, personal emergencies,
fire recall, personnel call back (2PC), ambulance recall, vacation, on-the-job injuries,
training and mandatory court appearances, or other incidents requiring an off-duty person
to be called.
Overtime for call back (2PQ and ambulance recall shall be at not less than four (4) hours
per incident.
All other instances shall be paid at actual time worked, in increments of not less than one-
quarter (1/4) hour.
12.4 Overtime compensation shall be calculated based on the Employee's total salary package
times one and one-half (1-1/2). Upon termination, retirement, or death, the Employee or
heirs shall receive cash compensation for accrued overtime at the Employee's rate of pay.
12.5 The District does not provide for any compensatory time off (comp. time).
Article 13: Acting in Capacity
13.1. Only those Employees meeting the proper qualifications and are on a District approved
promotional list may act in capacity for any rank within the Bargaining Unit above their
normal classification.
13.2. Employees directed and assigned to perform duties of a Bargaining Unit position or rank
above their normal classification for a period of twelve (12) or more consecutive hours
shall be paid at the next highest salary amount included in Appendix "A" (salary
schedule).
7/01/04 (Final Agreement) 8
Article 14: Schools, Seminars, Training, and Meetings
14.1 Attendance for activities such as schools, seminars, training, and meetings shall fall into
one of two categories: those where attendance is mandated or required by the District;
and those where attendance is voluntary at the Employee's own discretion.
14.2 Any time such attendance as noted above impacts staffing and/or District operations
approval must be obtained from the District prior to attendance.
14.3. For District mandated or required schools, seminars, training and meetings the Employee
shall be reimbursed for the following items:
A. Cost for food shall be reimbursed in accordance with District Financial Policy.
B. Lodging may be reimbursed when such function occurs at least 60 miles outside
the boundaries of the District and is necessary to ensure timely attendance.
C. When it is necessary for an Employee to use their personal vehicle travel
expenses shall be reimbursed at the rate established by District Financial Policy.
Any other mode of transportation shall be reimbursed according to actual costs
with prior approval.
D. Employees attending such activities on their normal days off shall receive
overtime for actual hours in attendance rounded to the nearest 1/4 hour.
14.4 For all other schools, seminars, training, and meetings not mandated or required by the
District, the District may, at its own discretion, cover all or portions of the costs for
subsections (a) through (d) above with prior approval.
14.5 Any non -mandated training where either a grade or passing score is given the Employee
must receive a minimum "C" grade or passing score to be reimbursed for approved
expenses. If items have been pre -paid the Employee will reimburse the District for all
pre -paid costs if they do not receive a passing grade or score.
7/01/04 (Final Agreement) 9
Article 15: Vacations
15.1 An Employee shall earn vacation leave from the date of employment; however, no
vacation may be used during the first six (6) months of such date.
15.2 All Employee vacation requests must be approved by the Fire Chief or his designee a
minimum of five (5) business days in advance of the first day to be taken unless an
emergency situation occurs. For purposes of vacation use for non -emergency needs, only
a maximum of two (2) Employees overall will be allowed time off under this section at
any one time.
15.3 An Employee who terminates for any reason prior to completing their probationary
period shall not be entitled to a cash compensation in lieu of vacation leave.
15.4 — Vacation Benefit Schedule:
1 st and 2nd years
3rd through 6th years
7th through 10th years
11th through 15th years
16th through 20th years
21 st through 25th years
26th year and beyond
15.5 — Vacation Carryover.
16 hours/month (8 shifts/year)
20 hours/month (10 shifts/year)
24 hours/month (12 shifts/year)
28 hours/month (14 shifts/year)
32 hours/month (16 shifts/year)
36 hours/month (18 shifts/year)
40 hours/month (20 shifts/year)
A maximum of 360 hours (15 shifts) may be carried over from calendar year to calendar
year.
15.6 — Cash Out of Unused Vacation Hours.
In December of each year, the Employee shall have the option to cash out up to one-half
(1/2) of all available accrued vacation hours at 100% of the Employee's regular pay rate.
Such cash out to be paid on January 20th payroll of the following year.
7/01/04 (Final Agreement) 10
15.7 — Holidays
The District shall compensate each Employee with eight (8) hours of straight time pay at
their base wage scale for each holiday irrespective of whether the Employee was required
to work on a holiday or not.
The District observes the following holidays:
New Year's Day
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving, including the following Friday
Christmas Day
Article 16: Civil Service
16.1 The District has adopted the Sunriver Service District Civil Service Rules for
Firefighters, which apply to the members of the Bargaining Unit. Should a conflict exist
between this Agreement and the Civil Service Rules, this Agreement shall prevail.
16.2 The District shall provide the Union with a current copy of the Civil Service Rules.
16.3 Should the District draft proposed changes to the Civil Service Rules, the District shall
provide the proposed changes to the Union for review prior to adoption.
7/01/04 (Final Agreement) 11
Article 17: Sick Leave
17.1. "Sick leave" is defined as time taken off due to off -the -job illness or injury; disability due
to pregnancy; family leave; medical leave; or off -the -Job doctor, dental or medical
appointments. The primary purpose of sick leave is to protect the Employee against loss
of income due to injury or illness. If major illness should occur, all accumulated sick
leave will be utilized, and then all earned vacation leave. Each Employee shall earn sick
leave based on the following:
1. Sick leave must be used in increments of one (1) hour or more, and proof of
illness or injury as supported by a doctor excuse may be required.
2. Sick leave may be accumulated up to 1440 hours (60 shifts) during term of
employment.
Upon separation of employment for any reason other than cause, accrued sick
leave shall be credited to the Employee's PERS account as provided for in ORS
238.350 and the restrictions stated therein.
17.2. No sick leave benefits are given during the first three (3) months of employment. Upon
successful completion of their first three (3) months of employment, 36 hours of sick
leave shall be credited to the Employee's account. Thereafter, the Employee shall earn
twelve (12) hours (1/2 shift) per month.
17.3. All un -used sick leave hours in an Employee's sick leave account at the time of execution
of this Agreement shall remain.
17.4 Each Employee shall receive retroactive credit of eight (8) hours (1/3 shift) for each
month of full-time service from 1/1/2004 through the date this Agreement becomes
effective.
7/01/04 (Final Agreement) 12
Article 18: Bereavement Leave
18.1 In the case of death in the Employee's immediate family, the Employee is eligible for a
maximum of two (2) sequential scheduled shifts time off to attend the funeral. If notified
of a death in the immediate family while at work, the Employee may leave work without
loss of pay for the remainder of the scheduled work hours for that day in addition to the
days covered under this section.
Immediate family includes spouse, children spouse children (including stepchildren),
parents (including step-parents), sisters, brothers, mother and father-in-law, sister and
brother-in-law, grandparents, grandchildren and members of the Employee's immediate
household. The Employee must attend the remembrance (funeral) to be eligible for leave
under this section.
Employees who wish to take time off work to attend the funeral of persons who are not
immediate family as described above may request the use of vacation time or an unpaid
personal leave of absence. {tc X13 "Bereavement Leave"}
Article 19: Leave Without Pay
19.1. Any Employee, having worked for the District for at least one (1) year, may be granted a
leave of absence without pay for up to one (1) year upon approval of the District.
Request for such leave must be in writing and must establish justification for approval by
the District.
19.2. Leave without pay, for any period of time, shall only be granted once the Employee has
exhausted all of his/her available vacation and sick leave.
19.3 Employees on leave without pay for longer than thirty (30) days shall not accrue or be
eligible for any benefits or seniority credits under the terms of this Agreement, while on
such extended leave.
19.4 An Employee must report to the District his/her availability for work by the expiration
date of the leave, failure to do so shall be considered a voluntary resignation by the
Employee.
19.5 Employees on leave without pay for longer than 90 days may be required to satisfactorily
complete a medical evaluation prior to returning to work.
19.6 The District cannot guarantee employment upon return from leave without pay if no
position is available. However, the affected Employee shall be placed at the top of the
District's hiring list.
7/01/04 (Final Agreement) 13
Article 20: Other Paid Leave
20.1 Jury Duty
If an Employee is required to perform jury duty, the Employee shall be given the
necessary time off to perform that service. For jury duty, the District will make up the
difference between jury duty pay and the Employee's regular pay. Under no
circumstances shall the Employee earn less than their regular pay. When an Employee's
service on a jury causes them to lose regularly scheduled work, the Employee shall
receive the equivalent to their regular pay provided that:
1. The Employee presents the summons to serve on a jury to the Fire Chief.
2. The Employee furnishes the Fire Chief with evidence of having served on a jury for
the time claimed.
Time spent on a jury shall not be counted as hours worked for the purpose of computing
overtime pay under FLSA rules.
20.2 Parental Leave
Parental leave shall be granted as provided by State and Federal law.
20.3 Military Leave
Military leave shall be granted as provided by ORS 408.290 and Federal law "Uniformed
Services Employment and Reemployment Rights Act".
20.4 Family Medical Leave
The Employee may, at his or her discretion, utilize those benefits as provided for in the
Oregon and Federal Family Medical Leave Acts. The District shall provide such
information to each Employee.
7/01/04 (Final Agreement) 14
Article 21: Insurance
21.1 The District agrees to offer a comprehensive medical plan, dental plan, vision plan, life
insurance and long-term disability. Plan details, including eligibility requirements and
benefit summaries, are available in the District's office.
21.2. The District reserves the right to select or change insurance carriers with 60 day advance
notice to the Union and can not and does not guarantee any specific level of benefits.
However, changes shall not be made without Employee Insurance Committee
participation as set forth in Section 21.6.
21.3 The District agrees to provide medical, dental, and vision insurance to each Employee at
no cost to the Employee. Employees who wish to insure other immediate family
members (spouse or children) agree to pay $50 per month towards cost of premiums.
Although the District cannot guarantee any specific level of benefits, the District does
guarantee that it shall not reduce the amount of insurance premiums made on behalf of
Employees during the term of this Agreement.
21.4 The District agrees to provide each Employee with group term life insurance equal to the
Employee's base salary up to $75,000 along with accidental death and dismemberment
insurance at no cost to the Employee as described in Section 21.1.
21.5 The District agrees to provide each Employee with long-term disability insurance at no
cost to the Employee as described in Article 22.
21.6 Insurance Committee.
The District shall form an insurance committee consisting of employee and management
representatives. The Union shall appoint the Employee representatives from the
Bargaining Unit. The committee shall meet on a regular basis to review the status of the
current plans, benefit levels and available providers. The committee shall make final
recommendations to the District's Board of Directors.
21.7 FireMed Membership.
The District shall provide membership in FireMed at no cost to the Employee.
Article 22: Industrial Accident and Long Term Disability Insurance
22.1 The District shall provide Employees with industrial accident or illness insurance in
accordance with the law.
7/01/04 (Final Agreement) 15
Article 23: Grievance Procedure
23.1 For the purpose of this Agreement, a grievance is defined as a dispute about the meaning
or interpretation of a particular clause of this Agreement or about an alleged violation of
this Agreement. As used in this article, unless otherwise specified, "days" means business
days, Monday through Friday.
23.2 The time limits as specified may be extended through mutual agreement of the parties.
Any or all time limits specified in the grievance procedure may be waived by mutual
consent of the parties. Failure to submit the grievance in accordance with the time limits
specified in this article, without such waiver, shall constitute an abandonment of the
grievance. Failure by the District to respond in a timely manner shall result in the
automatic advance to the next Step in this procedure.
23.3 Step 1
The Employee(s) or their representative shall discuss the grievance with the employee's
immediate supervisor within ten (10) business days of the occurrence thereof, or of the
Employee's knowledge thereof. Such discussion shall include the facts upon which the
grievance is based, and the specific remedy sought. The supervisor shall respond to the
grievance as quickly as possible, but no later than five (5) business days after the
grievance is first discussed.
23.4 Step 2
If after ten (10) business days from the immediate supervisor's reply the grievance
remains unresolved, the Union together may claim a breach of this Agreement by
submitting written notice to the Fire Chief. This grievance letter shall include: (1)
statement of the grievance and relevant facts; (2) specific provision(s) of the contract
violated; (3) remedy sought. The Fire Chief shall respond in writing no later than five (5)
business days after receipt of the grievance; provided, however, that the Fire Chief may
request a meeting with the Union to discuss the issue, and such meeting shall be
scheduled in accordance with Article 7. In such case, the Fire Chief shall respond in
writing within five (5) business days following the meeting.
23.5 Step 3
If the grievance is not resolved within ten (10) business days following the Fire Chiefs
response, the grievance along with all pertinent written information, shall be submitted to
the District Managing Board. The Board shall have ten (10) business days to resolve the
grievance in writing following the receipt of the grievance.
23.6 Step 4
Within fifteen (15) days following the receipt of the Board's decision, the Union may
advise the District of their intent to request binding arbitration. Selection of an arbitrator
shall be conducted in the following manner:
7/01/04 (Final Agreement) 16
If the parties do not agree on arbitrator, a list of five (5) names shall be requested from
the State of Oregon Employment Relations Board. All names shall be residents of
Oregon. The party striking the first name shall be determined by a coin toss. The parties
shall alternately strike one (1) name from the list until only one (1) is left. The one (1)
remaining shall be the arbitrator. The arbitrator shall conduct arbitration according to the
current rules of arbitration and shall render a decision with thirty (30) days. The decision
of the arbitrator shall be binding on both parties.
23.7 Each party shall be responsible for all cost of presenting its position to the arbitrator.
23.8 The cost of the arbitration hearing shall be shared equally by both the District and the
Union.
7/01/04 (Final Agreement) 17
Article 24: Retirement and Deferred Compensation Program
24.1 The District shall participate in the Oregon Public Employees Retirement System
(PERS) for members of the Bargaining Unit.
24.2 The District shall "pick-up" the Employee's contribution of six (6) percent for all
Members of the Bargaining Unit effective on January 1, 2005.
24.3 The District shall continue to provide an optional deferred compensation program
(IRS 457) to which the Employees may contribute. This program shall be agreed
upon by the District and the Union. The District does not fund any portion of the
program except as outlined in 24.4.
24.4 The District shall make a one-time deposit into an Employee's 457(b) deferred
compensation account an equivalent amount which would have been provided by
the Sunriver Owners Association (SROA) to their 401(k) program for the period
between the Employee's transfer to the District (11/1/02) and when they
subsequently became eligible to join PERS (5/1/03) subject to the following:
1) The Employee was a participant in the SROA's 401(k) program at the time of
the transfer to the District.
2) The Employee has established a 457(b) deferred compensation account within
30 days of the effective date of this Agreement.
3) The District shall deposit 6% of the Employee's gross wages for the period
specified in the beginning of this section into the Employee's 457(b) deferred
compensation account within thirty (30) days of the date of this Agreement.
4) The District shall deposit an additional amount of up to three per cent (3%) of
the Employee's gross wages for the period specified in the beginning of this
section provided that:
A) The Employee had been depositing such additional amount into the
SROA's 401(k) program prior to the time of transfer to the District.
B) The Employee deposits such amount into their 457(b) program over a
period not to exceed six (6) months from the effective date of this
Agreement or the Employee provides evidence that such amount had
been deposited into an Employee's other tax deferred account (IRA)
during the period specified in this Section.
5) The District shall deposit these matching funds within thirty (30) days of the
Employee satisfying either of the above criteria.
7/01/04 (Final Agreement) 18
Article 25: Lavoffs
25.1 In the event of layoff for any reason, Employees shall be laid off in the inverse
order of their seniority.
25.2 Employees shall be called back from layoffs in the order of their seniority of
service. A laid off employee who declines to accept reappointment, or does not
report for duty when notified by registered mail at the Employee's known address
within thirty (30) days from receipt of notice shall be considered permanently
separated from service.
7/01/04 (Final Agreement) 19
Article 26: Clothing and Uniforms
26.1 Employees covered under this Agreement shall be provided with uniforms by the
Fire District. All uniforms items provided to an Employee shall be purchased
new.
26.2 All items of clothing belonging to the Fire District that are damaged in the line of
duty shall be replaced, dry cleaned or mended at the District's expense.
26.3 The uniforms provided under this article shall include the following:
4- Pairs Fire Resistive, fire service Uniform slacks that meet or exceed NFPA
1975
4- Fire Resistive, fire service Uniform polo shirts that meet or exceed NFPA1975
4- T-shirts
1- Dress uniform shirt
1- Pair of Structural Firefighting Boots
1- Pair of Wildland Firefighting Boots
2- Sweatshirts 3/4 zipped
1- Set of Structural Turnouts
1- Set of Wildland Turnouts
1- Name Tag
1- Badge
1- Winter Jacket
1- Belt
26.4 All or any articles shall be replaced or repaired if deemed unserviceable.
26.5 Annual inspections shall be conducted by the Fire Department Safety Committee
to address safety and serviceability of the equipment listed above.
7/01/04 (Final Agreement) 20
Article 27: Personnel File
27.1 No material in any form which can be construed to be derogatory shall be placed
in the Employee's personnel file unless they have been allowed to read such
material, to sign such material indicating receipt only and unless they are given
the opportunity to respond in writing to this derogatory material which shall be
contained in the Employee's personnel file as long as derogatory material is
contained therein. Any written record of a reprimand shall be removed from an
Employee's personnel file after three (3) years following the filing of the
reprimand, following review of such material by the affected Employee.
(Excluding suspensions and patterns of misconduct.)
27.2 Any Employee shall have the right of reproduction of their personnel file in full or
in part.
27.3 Any Employee, upon request, shall have to access their file.
27.4 Any and all written or oral reprimands that precede the date of the District's
formation shall be permanently removed from the Employee's file three (3) years
from the effective date of this Agreement.
7/01/04 (Final Agreement) 21
Article 28: Substance Abuse Policy
The District and Union jointly recognize that the use of drugs and alcohol, which
adversely affects job performance, may constitute serious threat to the health and
safety of the public, to the safety of fellow Employees and to efficient operation
of the department.
28.1 - Definitions
"Drugs and Alcohol": For the purposes of this Agreement drugs and alcohol will
be defined as all intoxicants and controlled substances as defined by law,
excluding any substance prescribed for the Employee's use.
"Drug and Alcohol Tests": The compulsory production and submission of urine,
breath or blood by an Employee in accordance with procedures contained herein
for chemical analysis to detect prohibited drugs and/or alcohol use.
"Reasonable Suspicion": Reasonable suspicion shall be as defined by Oregon
law.
"Under the Influence": An Employee is considered to be "under the influence of
intoxicants" when the Employee's blood alcohol content exceeds .02%. An
Employee is considered to be "under the influence of a controlled substance"
when a detectable amount of the substance is found in the Employee's body that
may impair the Employee's ability to safely and efficiently perform assigned
work.
28.2 — Prohibited Conduct
Except as authorized by District policy for job-related reasons, the following
conduct is strictly prohibited and may subject an Employee to immediate
discipline:
The unlawful buying, selling, transportation, possession, providing, or use
of intoxicants or any controlled substances.
2. Reporting for normally assigned work with a detectable odor of alcohol on
the breath any detectable amount of alcohol in the body which results from
the consumption of intoxicants, or when an Employee has a detectable
amount of any controlled substance found in the Employee's body which
may impair the Employee's ability to safely and effectively perform
assigned work (but excluding any substance lawfully prescribed for the
Employee's use).
7/01/04 (Final Agreement) 22
3. In the event that the District wishes to callout an Employee to perform
additional duties and the Employee has consumed intoxicants, the
Employee shall notify the Employee's supervisor as to the amount of
intoxicants the Employee has consumed, and the District shall decide
whether the Employee will be called out to perform additional duties.
4. Failure to report use of prescribed medication, controlled substance, and
over-the-counter drugs as described in Sections 28.10 and 28.11 of this
Article.
28.3 — Preconditions to Drug and Alcohol Testing
The District shall use Cascade Medical Clinic to provide quality control,
documentation, chain of custody, technical expertise, and demonstrate proficiency
in urine and blood collection.
28.4 — Grounds for Testing
Random testing of any kind is prohibited.
Employees may be required to submit to drug testing if reasonable suspicion
exists that there is a violation of this Article.
The District may test for those drugs for which it has reasonable suspicion that an
Employee may have consumed.
Testing shall occur at any time an Employee is involved in a vehicular accident or
at any time the Employee was directly involved in any other type of accident in
which there was death or injury or which resulted in damage to private property.
28.5 — Testing Mechanisms
The following testing mechanisms shall be used for any test for intoxicants or
controlled substances performed on all Employees of the Bargaining Unit:
Standard urine drug screening.
2. Confirmatory tests will be by use of Gas Chromatography/Mass
Spectrometry (GC/MS). If at any time there exists a test with a higher rate
of reliability than the GC/MS test, such test shall be used in place of the
GC/MS test if agreed to by the Union and the District.
3. Alcohol testing may include standard field impairment tests, breath test
and or standard laboratory blood alcohol analysis tests.
7/01/04 (Final Agreement) 23
28.6 — Procedures to be Used When the Urine Sample is Given
The following procedure shall be used whenever an Employee is requested to give
a urine sample:
Prior to testing, the Employee shall be required to list all prescribed
medications, controlled substances, and/or over the counter medications
currently being used. The District shall supply a form for this purpose.
Prescribed medications or controlled substances listed must be
substantiated by written communication from the attending physician.
2. The test shall be administered in such a manner as to protect the
authenticity, district and reliability of the sample and the privacy of the
individual.
3. Immediately after the sample is given, it will be divided into two (2) equal
parts. Each of the two (2) portions of the sample will be separately sealed,
labeled, and stored in a secure and refrigerated atmosphere. One (1) of the
samples shall then be sent or delivered to the District's designated testing
laboratory. The other sample shall be held for the Employee until the
Employee either instructs that it be sent to their designated lab or
destroyed.
4. The sample shall first be tested using the screening procedure set forth in
Section 28.5 (1) of this Article.
If the test is positive for the presence of any intoxicants or controlled
substances, the Employee shall be notified of the positive results within 24
hours after the District learns of the results, and shall be provided with
copies of all documents pertinent to the test sent to or from the District by
the laboratory. The Employee shall then have the option, at the
Employee's own expense, of having the untested sample submitted to a
laboratory, of experience and capability of quality control, documentation,
chain of custody, technical expertise and demonstrated proficiency in
urine and blood analysis.
6. Each step in the collecting and processing of the urine specimens shall be
documented to establish procedural integrity and a chain of custody.
7/01/04 (Final Agreement) 24
28.7 — Procedures Used When the Blood Sample is Given
The following procedure shall be used whenever an Employee is requested to give
a blood sample:
The Employee shall be transported as soon as possible to the District
physician's office during normal business hours or to a local hospital
during non -business hours to have the blood drawn. The test shall be
given in such a manner as to protect the authenticity and reliability of the
sample and the privacy of the individual.
2. Immediately after the sample has been drawn, it shall be divided it two (2)
equal parts. Each of the two (2) portions of the sample shall be separately
sealed, labeled, and stored in a secure and refrigerated atmosphere. One
(1) of the samples shall then be sent or delivered to the District's
designated testing laboratory. The other sample shall be held for the
Employee until the Employee either instructs that it be sent to their
designated lab or destroyed.
3. If the test is positive for the presence of alcohol, the Employee shall be
notified of the positive results 24 hours after the District learns of the
results, and shall be provided with copies of all documents pertinent to the
test sent to or from the District by the laboratory. The Employee shall then
have the option, at the Employee's own expense, of having the untested
sample submitted to a laboratory, of experience and capability of quality
control, documentation, chain of custody, technical expertise and
demonstrated proficiency in urine and blood analysis.
4. Each step in the collecting and processing of the blood specimens shall be
documented to establish procedural integrity and chain of custody.
28.8 — Consequences of Positive Test Results
An Employee who has been tested positive for the presence of intoxicants or
controlled substances pursuant to this article may be referred to the Employee
Assistance Program or drug and alcohol counseling. An Employee's successful
participation in the Employee Assistance Program or in drug or alcohol
counseling may be taken into consideration as part of any disciplinary action that
may be taken.
An Employee who tests positive may be subject to unannounced testing for a one
(1) year period following the positive test. If the Employee violates the terms of
agreed to treatment or again tests positive during such a period, the Employee
shall be subject to further disciplinary action, up to and including possible
termination.
7/01/04 (Final Agreement) 25
28.9 — Prescribed Medications
An Employee utilizing any prescribed medications or controlled substances that
may affect the Employee's ability to safely perform assigned duties must
immediately report this treatment to the Employee's supervisor. The use of
medications or controlled substances as part of a prescribed medical treatment
program is not grounds for disciplinary action. Failure to report the use of
prescribed medication, which the Employee has been informed, may affect the
Employee's abilities to safely perform assigned duties, or a controlled substance
may subject an Employee to disciplinary action. In the event there is a question
regarding an Employee's ability to safely perform assigned duties, clearance from
the Employee's physician shall be required.
28.10 — Use of Over -the -Counter Medications
The use of over-the-counter medications is in no way prohibited. An Employee
who ingests an over-the-counter medication in a dose that may affect the
Employee's ability to safely perform assigned duties must report the use of the
over-the-counter medication to the Employee's supervisor. The decision, once
informed by the Employee, as to whether or not the Employee works the
Employee's assigned duties shall be the responsibility of the Employee's
supervisor. There shall be no discipline to an Employee who reports to the
Employee's supervisor the use of an over-the-counter medication, which the
Employee feels, may affect the Employees' assigned duties. Failure to report the
use of an over-the-counter medication, which the Employee feels may affect the
Employee's ability to safely perform the Employee's duties, may subject the
Employee to disciplinary action.
28.11 — Searches
For administration of this Article, the District may upon reasonable suspicion
conduct searches on District property of Employees, and/or assigned District
property and/or their personal property, excluding personal vehicles parked on
District property. An Employee has the right to request a Union representative be
present during the search as long as the search is not unreasonably delayed by
accommodating this provision. A refusal to submit to a search may result in
disciplinary action. This provision is not intended to restrict the District's right to
conduct administrative searches of assigned District property for other purposes
or searched related to any criminal investigation.
28.12 — Interference with Policy
Any activity, which purposely interferes with this Substance Abuse Policy, shall
be grounds for disciplinary action, which may include discharge. Examples
include, but are not limited to, the following: tainting, tampering, or substitution
of blood or urine samples, falsifying information regarding the use of prescribed
7/01/04 (Final Agreement) 26
medications or controlled substances, failure to cooperate with any tests outlined
in this policy or determine the presence of intoxicants or controlled substances,
and failure to cooperate with any searches.
28.13 — Employee Rights
The Employee shall have the right to a Union representative up to and including
the time the sample is given. However, this provision shall not cause an
unreasonable delay in testing. Nothing herein shall restrict the Employee's right to
representation under general law.
If at any point the results of the laboratory testing procedures specified in this
Article are negative, all further testing shall be discontinued. The Employee shall
be provided with a copy of the results and all documentation on the testing shall
be sealed and maintained in a secure place.
Any Employee who tests positive shall be given access to all written
documentation available from the testing laboratory which verifies the accuracy
of the testing equipment used in the testing process, the chain of custody of the
specimen, and the accuracy rate of the laboratory.
7/01/04 (Final Agreement) 27
Article 29: Wellness Program
29.1. The District shall continue to provide six (6) club memberships to Sage Spring
Spa, for Employees to use while on duty, at no cost to the Employee.
29.2. At any time the cost for such membership increases by more than ten percent
(10%) in any given year or Sage Spring Spa goes out of business or is sold, the
District may opt to provide in-house cardiovascular and strength training
equipment in lieu of any club membership. The type and amount of equipment to
be provided shall be negotiated between the District and Bargaining Unit at that
time.
Article 30: Discipline and Discharge
30.1 No permanent (non -probationary) Employee shall be disciplined or discharged
without just cause.
{tc \10 "01GETTING STARTED ON THE JOB"}Article 31: Savings Clause
31.1 If any article or section of this Agreement, or any addition thereto, should be held
invalid by operation of the law, or by any lawful tribunal jurisdiction, or if
compliance with or enforcement of any article or section should be restricted by
such tribunal, the remainder of this Agreement and its addenda shall not be
affected thereby. If such event occurs, the parties agree to enter into immediate
bargaining negotiation for the purpose of arriving at a mutually satisfactory
replacement for such article or section in accordance with ORS 243.702 and ORS
243.698.
7/01/04 (Final Agreement) 28
Article 32: Duration of Agreement
32.1 Articles of this Agreement shall be retroactive, as specified therein.
32.2 This Agreement shall be effective as of July 1, 2004 and shall be binding upon the
District and its Members and shall remain in force and effect through June 30,
2007. This Agreement shall remain in full force and effect pending the signing of
a successor Agreement.
For the District
7/01/04 (Final Agreement) 29
International Association of Fire
Fighters Local 4262
APPENDIX A: Wage Scales
Current
Step 1
Step 2
Step 3
Step 4
Step 5
Firefighter $2,652.00
$2,784.00
$2,923.00
$3,070.00
$3,223.00
Engineer $3,183.00
$3,342.00
$3,509.00
$3,684.00
$3,868.00
Captain $3,607.00
$3,787.00
$3,976.00
$4,175.00
$4,384.00
As of January 1, 2004 adding 15% for firefighters and 10% for engineers and captains.
Hourly rate is monthly total divided by 240
Step 1
Step 2
Step 3
Step 4
Step 5
Firefighter $3,049.80
$3,201.60
$3,361.45
$3,530.50
$3,706.45
Engineer $3,501.30
$3,676.20
$3,859.90
$4,052.40
$4,254.80
Captain $3,967.70
$4,165.70
$4,373.60
$4,592.50
$4,822.40
Hourly Rate from January 1, 2004 through June 30, 2004
Step 1
Step 2
Step 3
Step 4
Step 5
Firefighter $12.71
$13.34
$14.01
$14.71
$15.44
Engineer $14.59
$15.32
$16.08
$16.89
$17.73
Captain $16.53
$17.36
$18.22
$19.14
$20.09
New wages as of July 1, 2004 adding in 2.5 % incentive pay plus 2.2% for CPI adjustment
Step 1
Step 2
Step 3
Step 4
Step 5
Firefighter $3,193.14
$3,352.08
$3,519.44
$3,696.43
$3,880.65
Engineer $3,665.86
$3,848.98
$4,041.32
$4,242.86
$4,454.78
Captain $4,154.18
$4,361.49
$4,579.16
$4,808.35
$5,049.05
New hourly wages as of July 1,2004
Step 1
Step 2
Step 3
Step 4
Step 5
Firefighter $13.30
$13.97
$14.66
$15.40
$16.17
Engineer $15.27
$16.04
$16.84
$17.68
$18.56
Captain $17.31
$18.17
$19.08
$20.03
$21.04
The monthly salaries in the above Wage Scales shall be modified as follows:
January 1, 2004: Firefighters 15%, Engineer 10%, Captain 10%, AT ALL
PAY STEPS
July 1, 2004: CPI Floor of 2% OR Ceiling of 4% ---PLUS 2.5% FOR ALL
CLASSIFICATIONS AT ALL PAY STEPS (IN LIEU OF UNION'S
PROPOSAL FOR CERTIFICATION PAY)
July 1, 2005: CPI Floor of 2%; Ceiling of 4%
7/01/04 (Final Agreement) 30
July 1, 2006: CPI Floor of 2%; Ceiling of 4%
New hourly wage rates shall be calculated in accordance with Article 10.4
The CPI shall be the CPI All Cities Annual Average from the previous
calendar year. CPI -W
Readjust steps
Employee that is promoted up the chain of command shall be placed in a step that
is equal to or more than their current pay. Employee that is demoted to a lower
rank on the chain of command shall be placed in a step that is equal to their
current pay. New Employees shall start at step 1. Each step equals one (1) year
of employment. Current Employees shall be placed in their current step range
based on seniority and rank.
Longevity pay will begin the first of the month following the date of completion
of the 601" month of seniority. Longevity pay will be paid at $100.00 per month.
7/01/04 (Final Agreement) 31
APPENDIX B: Incentive Pay
Incentive pay for college degrees as listed below shall be paid in addition to an
employees base pay with a cumulative limit of five (5%) of the Employee's base
pay.
Associate Degree in Fire, EMS, Prevention, or Wildland 2.5%
Bachelor's Degree in Fire Science or Business Management 5.0%
Signatures for Appendices "A" and "B"
For the Union
For the District
7/01/04 (Final Agreement) 32
Dated:
Dated: