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HomeMy WebLinkAboutDoc 635 - Labor Agrmt - SRSD - Firefighter AssnDeschutes County Board of County Commissioner 1300 NW Wall St., Ste 200, Bend, OR 97701-1960 (541) 388-6570 Fax (541) 385-3202 www.deschutes.org AGENDA REQUEST AND STAFF REPORT For Board Business Meeting of 11125/2013 Please see directions on the next page for completing this document DATE: November 13,2013 ... 1L~O FROM: Mark Pilliod ~-Legal 541-388-6625 TITLE OF AGENDA ITEM: Approval of Collective Bargaining Agreement between Sunriver Service District and Sunriver Career Firefighter Association IAFF 4262, July 1,2012 through June 30,2016, Document No. 2013-635. PUBLIC HEARING ON THIS DATE? NO BACKGROUND AND POLICY IMPLICATIONS: A new four-year labor contract has been negotiated with the Sunriver Career Firefighter Association IAFF 4262, subject to final approval by the Service District governing body. Signature-ready document will be distributed prior to the meeting. FISCAL IMPLICATIONS: None RECOMMENDATION & ACTION REQUESTED: Approval of Labor Agreement between Sunriver Service District and Sunriver Career Firefighter Association IAFF 4262, Document No. 2013-635. ATTENDANCE: Mark Pilliod, County Legal Counsel DISTRIBUTION OF DOCUMENT: Bruce Bischoff, counsel to the Sunriver Service District managing board DESCHUTES COUNTY DOCUMENT SUMMARY· (NOTE: This form is required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be on a Board agenda or can be signed by the County Administrator or Department Director. If the document is to be on a Board agenda, the Agenda Request Form is also required. If this form is not included with the document, the document will be returned to the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the County Administrator or the Commissioners. In addition to submitting this form with your documents, please submit this form electronically to the Board Secretary.) Please complete all sections above the Official Review line. Date: 111-08-131 Department: ILegal1 Contractor/Supplier/Consultant Name: Inial Contractor Contact: Contractor Phone #: L..........._ Type of Document: Collective Bargaining (labor) contract Goods and/or Services: Sunriver Career Firefjghter Association Background & History: A new four-year labor contract has been negotiated with the Sunriver Career Firefighter Association IAFF 4262, subject to final approval by the Service District governing body. Signature-ready document will be distributed prior to the meeting. Agreement Starting Date: 107-01-20121 Ending Date: 106-30-2016] Annual Value or Total Payment: Inial D Insurance Certificate Receiied (CieCk box) Insurance Expiration Date: Check all that apply: D RFP, Solicitation or Bid Process D Informal quotes «$150K) D Exempt from RFP, Solicitation or Bid Process (specify -see DCC §2.37) Funding Source: (Included in current budget? [gJ Yes D No If No, has budget amendment been submitted? DYes D No Is this a Grant Agreement providing revenue to the County? D Yes ~ No Special conditions attached to this grant: Deadlines for reporting to the grantor: If a new FTE will be hired with grant funds, confirm that Personnel has been notified that it is a grant-funded position so that this will be noted in the offer letter: DYes D No 11113/2013 Contact information for the person responsible for grant compliance: Name: Phone #: 1'------1 Departmental Contact and Title: Mark Pilliod, Legal Counsel Phone #: 1388-6625: Deparbnent Director Approval: --k-fituQ Signature Date Distribution of Document: Who gets the original document and/or copies after it has been signed? Include complete information if the document is to be mailed. Official Review: County Signature Required (check one): [is SOCC 0 Department Director (if <$25K) o Administrator ~f >$25K but ~150K; if >$150K, SOCC Order No. ____-') Legal Review ~hl. (!ku/2 Date If -(~ (). Document Number 2013-635 I I i I 1 11113/2013 1 Collective Bargaining Agreement Sunriver Service District And Sunriver Career Firefighter Association IAFF 4262 July 1,2012 -June 30, 2016 7/01112 (Final Agreement) i DC 2 a 3· 35 TABLE OF CONTENTS PREAMBLE ................................................................................................................................................................ 1 Article 1: Recognition ...........................................................................................................................................2 Article 2: Non -Discrimination ............................................................................................................................2 Article 3: Union Security/Payroll Deductions ....................................................................................................3 Article 4: Management Rights .............................................................................................................................4 Article 5: Strikes and Lockouts ...........................................................................................................................5 Article 6: Copies of Agreement and other Documents ......................................................................................5 Article 7: Union Representation .......................................................................................................................... 5 Article 8: Bulletin Board ......................................................................................................................................6 Article 9: Seniority................................................................................................................................................ 6 Article 10: Hours of Work .....................................................................................................................................7 Article] 1: Safety .................................................................................................................................................... 7 Article 12: Overtime ...............................................................................................................................................8 Article 13: Acting in Capacity ............................................................................................................................... 8 Article 14: Schools, Seminars, Training, and Meetings .......................................................................................9 Article 15: Vacations ............................................................................................................................................ 10 Article 16: Civil Service ........................................................................................................................................ 1 1 Article 17: Sick Leave ........................................................................................................................................... 12 Article 18: Bereavement Leave ............................................................................................................................ 13 Article ]9: Leave Without Pay ............................................................................................................................ 13 Article 20: Other Paid Leave ............................................................................................................................... 14 Article 21: 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 Article 25: Layoffs ................................................................................................................................................ 18 Article 26: Clothing and Uniforms ...................................................................................................................... 19 Article 27: Personnel File .....................................................................................................................................20 Article 28: Substance Abuse Policy ..................................................................................................................... 20 Article 29: Wellness Program ..............................................................................................................................27 Article 30: Discipline ............................................................................................................................................ 27 Article 31: Savings Clause ....................................................................................................................................27 Article 32: Duration of Agreement......................................................................................................................28 APPENDIX A: Wage Scales ..............................................................................................................................29 APPENDIX B: Incentive Pay ............................................................................................................................32 APPENDIX C: Limited Duration Employee ............................................................................33 APPENDIX D: Insurance Carrier Change Including HRA VEBA Account MOU ............................34 7/01112 (Final Agreement) ii • • 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". 7/01112 (Final Agreement) 1 Article 1: Recognition 1.1-Voluntary Recognitiou 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 ofFirefighter/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 DRS 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 ofthe 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. 7/01112 (Final Agreement) 2 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 than 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 than 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. t7/01112 (Final Agreement) 3 \ I 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. I I 7/01112 (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 I ine 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 ofthis 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 ofthis 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. Ifthe 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. 7/01112 (Final Agreement) 5 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 shalllose all seniority in the event of discharge for just cause or voluntary termination of employment, or a layoff of more than two (2) years. 7/01112 (Final Agreement) 6 Article 10: Hours of Work 10.1 Normal work schedules for 56-hour employees shall include a regular shift schedule composed oftwo twenty-four (48) hour shifts, also called a tour, on-duty and ninety-six (96) hours off-duty. 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 or liable for any unfulfilled trade time due to Employee error. 10.3 The hourly rate shall be the Employee's monthly base wage divided 240. 10.4 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. 10.5 56-hour employees shall not work more than 72 consecutive hours without management approval. Unless approved, employees working in excess of 72 hours must have 8 consecutive hours off duty before being eligible for reassignment. 10.6 Forty hour workweek schedules may be comprised of five eight hour days, or four ten hour work days in each seven day period at the discretion of the fire chief. 10.7 Flexible schedules may be considered for those employees who are not working 24-hour shifts. 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. 7/01/12 (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 182 hours in a 24-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 (1-112) 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 (2PC) 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 term ination, 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 current District approved promotional list may act in capacity for any rank within the Bargaining Unit above their normal classification. If the promotional list expires before a new list is established, all members on the list shall remain able to perform Ale duties until a new Jist has been established. 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). 7/01112 (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 tood 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 'l4 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. \ 7/01112 (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 lise for non-emergency needs, only a maximum of two (2) Employees overall will be allowed time off under this section at anyone time. 15.3 An Employee who terminates for any reason prior to completing their probationary period shall not be entitled to cash compensation in lieu of vacation leave. 15.4 - Vacation Benefit Schedule: 1 st and 2nd years 16 hours/month (8 shifts/year) 3rd through 6th years 20 hours/month (10 shifts/year) 7th through 10th years 24 hours/month (12 sh ifts/year) 11 th through 15th years 28 hours/month (14 shifts/year) 16th through 20th years 32 hours/month (16 shifts/year) 21 st through 25th years 36 hours/month (18 shifts/year) 26th year and beyond 40 hours/month (20 shifts/year) 15.5 - Vacation Carryover. 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. rn November of each year, the Employee shall have the option to cash out up to one-half (I/2) of all available accrued vacation hours at 100% of the Employee's regular pay rate. Such cash out to be paid on December 20th payroll. 7/01/12 (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. I j 7/01/12 (Final Agreement) 11 I \ 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. 3. 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 oftheir first three (3) months ofemployment, 48 hours of sick leave shall be credited to the Employee's account. Thereafter, 56-hour employees shall earn sixteen (16) hours per month beginning January 1,2014. Forty-hour employees will earn 12 hours 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 (113 shift) for each month of full-time service from 11112004 through the date this Agreement becomes effective. 7/01112 (Final Agreement) 12 I \ I Article 18: Bereavement Leave IS.1 In the case of death in the Employee's immediate family, the Employee is eligible for a maximum oftwo (2) sequential scheduled shifts time offto attend the funeral. Tfnotified 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. Article 19: Leave Without Pay 19.1. Any Employee, having worked for the District for at least one (\) 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 ofhislher 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 ofthis Agreement, while on such extended leave. 19.4 An Employee must report to the District hislher availability for work by the expiration date ofthe 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 ifno position is available. However, the affected Employee shall be placed at the top of the District's hiring list. 7/01112 (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 ajury 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. 7/01112 (Final Agreement) 14 I 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 cannot 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 shaH 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. 7/01/12 (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 ofthe 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 (S) business days after the grievance is first discussed. 23.4 Step 2 If after ten (l0) 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 (S) business days after receipt ofthe grievance; provided, however, that the Fire Chief may request a meeting with the Union to discllss 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 (S) 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, shaH 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 (IS) days following the receipt of the Board's decision, the Union may advise the District oftheir intent to request binding arbitration. Selection of an arbitrator shall be conducted in the following manner: 7/01112 (Final Agreement) 16 Ifthe 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 (l) name from the list until only one (l) 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. 7/01/12 (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 ofthe program except as outlined in 24.4. Article 25: Layoffs 25.1 In the event oflayofffor 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 recei pt of notice shall be considered permanently separated from service. 7/01112 (Final Agreement) 18 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 NFPA 1975 4-T-shirts 1-Class B uniform shirt 1-Full set Class A uniform 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 ofthe equipment listed above. 7/01112 (Final Agreement) 19 t: \ Article 27: Personnel File 27.1 No material in any fonn 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 ofa reprimand shall be destroyed after two (2) years following the filing ofthe reprimand, following review of such material by the affected Employee. 27.2 Any employee shall have the right to access and reproduce their file as outlined in ORS 652.750. Article 28: Substance Abuse Policy The District and Union jointly recognize that the use of drugs and alcohol, which adversely affects job perfonnance, may constitute serious threat to the health and safety of the public, to the safety of fellow Employees and to efficient operation ofthe department. 28.1 • Defmitions "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 ofurlne, 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 perfonn assigned work. 28.2 - Prohibited Conduct Except as authorized by District policy for jo~related reasons, the following conduct is strictly prohibited and may subject an Employee to immediate discipline: <, 07/01112 (Final Agreement) 20 f t \ \ 1. The unlawful buying, selling, transportation, possession, providing, or use of intoxicants or any control led substances. I 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 1 may impair the Employee's ability to safely and effectively perform I I assigned work (but excluding any substance lawfully prescribed for the Employee's use). 3. In the event that the District wishes to callout an Employee to perform J 1 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 1 whether the Employee will be called out to perform additional duties. l I 1 4. Failure to report use of prescribed medication, controlled substance, and over-the-counter drugs as described in Sections 28.10 and 28.1] ofthis Article. ~ I t 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 1 in urine and blood collection. j 28.4 - Grounds for Testing 1 Random testing of any kind is prohibited.I Employees may be required to submit to drug testing if reasonable suspicion i exists that there is a violation of this Article. I 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 I The following testing mechanisms shall be used for any test for intoxicants or controlled substances performed on all Employees of the Bargaining Unit: I I 7/01112 (Final Agreement) 21 ! 1. Standard urine drug screening. 2. Confirmatory tests will be by use of Gas Chromatography/Mass Spectrometry (GCIMS). 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. 7/01112 (Final Agreement) 22 1 t I ! I 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: 1. Prior to testing, the Employee shall be required to list all prescribed medications, controlled substances, andlor 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 ofthe 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. 5. If the test is positive for the presence of any intoxicants or controlled substances, the Employee sha11 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 fi'om 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 charn of custody. I I I i7/01/12 (Final Agreement) 23 · . 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: I. 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 ofthe 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 ofthe 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 ofthe 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 discipl inary action that may be taken. An Employee who tests positive may be subject to unannounced testing for a one (I) 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. 7/01112 (Final Agreement) 24 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. [n 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-Connter 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 7/01/12 (Final Agreement) 25 I f I medications or controlled substances, failure to cooperate with any tests outlined in this policy or determine the presence ofintoxicants 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. 7/01112 (Final Agreement) 26 I 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 30.1 No permanent (non-probationary) Employee shall be disciplined or discharged without just cause. Article 31: SavinKs Clause 31.1 Ifany 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. 7/01/12 (Final Agreement) 27 \ ----------------- , . 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 1,2012 and shall be binding upon the District and its Members and shall remain in force and effect through June 30, 2016. This Agreement shall remain in full force and effect pending the signing of a successor Agreement. For the District International Association of Fire Fighters Local 4262 (Jlvll0 ~v:J :M:/~ / / /OS-/13 q ) 5 it Q IS7 7 1)ebyA.J Daj;::£r­ C-hv.../v ss..D DA TED this Day of 2013. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON , ACTING AS THE GOVERNING BODY OF THE SUNRIVER SERVICE DISTRICT. ALAN UNGER, Chair TAMMY BANEY, Vice Chair ATTEST: ANTHONY DEBONE, Commissioner Recording Secretary 7101112 (Final Agreement) 28 ;. . APPENDIX A: Wage Scales for Represented Fire Personnel Hourly and Monthly Wages are Shown 7/0 1112 (Final Agreement) 29 '. .. The monthly salaries in the above Wage Scales shall be modified as follows: July 1,2012 -June 30, 2013 ...... 0% July 1,2013 -Jnne 30, 2014 ...... 2% of 6/30/13 WageslLnmp-sum payment to be paid upon signing this contract. 7/01112 (Final Agreement) 30 July 1,2014 -June 30,2015 ...... 2% of 6/30/13 WageslLump-sum payment to be paid on first payday in July 2014. July 1,2015 -June 30, 2016 ....... 2.25% base wage increase New hourly wage rates shall be calculated in accordance with Article 10.4 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 60 th month of seniority. Longevity pay will be paid at $100.00 per month. 7/01112 (Final Agreement) 31 I APPENDIXB: Incentive Pay Incentive pay for college degrees as listed below shall be paid in addition to an employee's 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% If an employee believes they should receive incentive pay for a degree that is not listed above, the employee may petition in writing to the Fire Chief and the District Board. The petition will include all courses taken to earn the degree and state why the degree will be beneficial to the Sunriver Fire Department in performing the employee's duties. The Fire Chief and District Board will review the petition. If the degree is accepted as beneficial, the Fire Chief and District Board will assign incentive pay that ranges from 1 % to 5% at their sole discretion. 7/01112 (Final Agreement) 32 I ------ ~ t, '1#' APPENDIXC: Limited Duration Employee This memorandum is entered into by and between the Sunriver Service District (District) and Sunriver Career Firefighter Association, IAFF Local 4262 (Union). The District and Union recognize the challenges the District faces hiring skilled entry level employees for a limited duration. Therefore, the District and Union agree to the creation ofa new job classification attached hereto, called "Limited Duration Employee". The new job classification shall be included in the bargaining unit. Due to the limited duration of employment, the parties recognize that certain provisions of the collective bargaining agreement do not apply to the new job classification. Set forth below is a list ofthose Articles and sections which shall not apply to limited duration employees: Article 9 Seniority Article 15 Vacations (Sections 15.5 and 15.6) Article 17 Sick Leave (Sections 17.3 and 17.4) Article 19 Leave without pay Article 23 Grievance Procedure (Section 23.6, 23.7 and 23.8) Article 24 Retirement (Section 24.4) Article 25 Layoffs Article 27 Personnel File (Sections 27.4) Article 30 Discipline and Discharge NOTE: Limited Duration Employees are "at will" employees and may be terminated at any time at the sole discretion of the District. Limited Duration Employees will be terminated prior to any layoff of Regular Fulltime Employees I For the Union Dated: I I ! ! For the District Dated: ------! I 7/01112 (Final Agreement) 33 f \ Signatures for Appendices "A", "B" and "C" 1 APPENDIXD: Insurance Carrier Change Including HRA VEBA Account MOU COpy 1 MEMORANDUM Of lINDERSIANDING 1IISUOOpe Carrier Chil!f!e!ndudln« HM VEBA Account Thls memorandum of und ...tandlns I.enten!d Inio I1Y arid between the Sun,,,,,", ServiC!! Oistr1ct ([)jstritt) and the S...riwrC.,ee, Fln!flslit... ASsoclatlon,IA.F. F. Local 4261 (Union). The Dls!(ict ond the Union ....cosnl..the thallenges or flsing t.ealth.lllSion, and denlilllnsurai'ICe premiums. 80th part....g ..... that the addition 01. HIlA 'lEBA ,,"OURt will make whole any employee reochlng the """"mum out of pocket .xpe_dlff.rence between the old Pacifr< SoulCe policy end lhe new ODS poUcy l>$ defined by Wilson-HIII....,od Assad.tes, based upon th.. ',!sling p....mi"RlS II the date 01 this alreement, Therefore, the Olslrict and the Union lII",e to cllange Insurance carriers prior to Ihe end of the current collect""" barealnlns _mentsel 10 expire on June 30, 2012. The health and dental ins"ra_ plan will be with OOS plan Vl003 and vl,lon with VSP Plan C. With this change In carrters, the District acree. to set up HRA IlEBA ",counts 10, all members of tim Union with contribution rates to be set as follows. All cont,lbutlons,..1I be made on January 1, of eath I l . year. liRA VEBA contribution", fmployee onty: $1200 Employ....nd Spouse: $2400 Employee with Spouse and CIlUd: $2600 , Employee with children: $2600 I Should lhere be • ~of employee status dunng the coutSe of lhe V.ar, e&-, an employee man-les, ttle HRA VEllA contribulion will be adjusted as of ihe dale of the status change. and the tontrtbulion PfO'raled based upon Ihe number 01 months ,,,,,,,,Inintlln lhe cont,lbutlon period. The Oistr1t\ will be Informed 01 the cbange of employee status in a limely manner. Both parties ..ree that Ihis MOU Is incorporated Into lhe tUrTent contract Ifl-nt and does not alter the langu~ge mntlined 111 Article 21. Slping for lhe Union: ::...u~+tJ.l.~;x.,,,,,,,,,,'D.te:~ p r"1?::f oale:~ f7/01112 (Final Agreement) 34 I