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TABLE OF CONTENTS
PREAMBLE ..........sscsssencececeesesestseseecesesseasuaunsnoeesesseessenssenenseaseaenensaaenacsesacsuseunconseeaensunsecseaenenseneeaeans 2
Article 1: Rights ......cccsscncsssessenserenerssessenteenenersouaes
Section 1-1. Gender........ccccccsecserecnees
Section 1-2. City and Department Rights wd
Section 1-3. Rights of the Union.......... 3
Section 1-4. Rights of Unit Employees ....
Section 1-5. Prohibition of Strikes and Lockouts..
Article 2: Grievance/Arbitration/Labor Management:
Section 2-1. Grievance Procedures... 13
Section 2-2. The RBO / Labor-Management Proces: 17
Section 2-3. Productivity Discussions ..........cc.c 1 gi bBe eee eee ccctrteneeeeenaeneesesseteseeneretees 18
Article 3: Compensation/Wages ...........4 oo 19
Section 3-1. WaGeS .......cccceeeeesseereteeeeees AQ
Section 3-2. Productivity Enhancement Pay. 21
Section 3-3. : 22
Section 3-4. sand . 23
Section 3-5. y SD ce sceseseeeseescenneeen UapeN ng ceseenesuecneencseeeeseenncessnaneenenseneeseae 23
Section 3-6. 124
Section 3-7. 1 int 125
Section 3-8. sation’ OF Behefits ........ : 125
Article 4. Hours of Work oe 26
Section 4-1. H )
Section 4-2. S|
Section 5.7. Tuit
Section 5-8. Well
Section’6-
Section 6-
ATTACHMENT B....
PREAMBLE
WHEREAS, the parties, through their designated representatives, met and
conferred in good faith pursuant to Ordinance G-3303 in ord reach agreement
concerning wages, hours, and working conditions of employes mprising the Fire
Fighter Unit, and,
WHEREAS, the parties hereby acknowledg
Memorandum are not intended to abrogate the aut
government provided for under the statutes of the®
. provisions of this
NOW, THEREFORE, having reached.
hours, and working conditions for the term
to the City Council of the City of Phoenix with#
to adopt its terms and take such other acti
provisions.
Section 1-1. Ge
ining the level of and the manner in which the Fire
ctivities are conducted, managed, and administered,
overtime as required in the manner most advantageous to the City subject to
the express terms of this Memorandum.
C. It is understood by the parties that every incidental duty connected with operations
2
enumerated in job descriptions is not always specifically described; nevertheless, it
is intended that all such duties shall be performed by the employee.
D. The Chief and City Manager reserve the right to discipline
terminate employees
for just cause subject to Civil Service procedures. 4
E. The City and the Chief shall determine and establi
which duties are performed subject to the express
ds and processes by
»Memorandum.
F. The City and Chief shall have the right to tra
in a manner most advantageous to the Cif
Memorandum.
G. Except as otherwise specifically provi
retain unqualifiedly all rights and autho
H. The City shall have the at
However, any such reor
Committee prior to implemer
1isf, including those herein
ssly modified’ or restricted by a specific
any way directly or indirectly, subject to the
va
ard
between’ and its employees. The Union plays an important role furthering this
J ultimately improving service to the City and its citizens. Accordingly,
the City andthe Union have negotiated various rights for unit employees as set forth
in this MOU, in exchange for services to the City and in lieu of increased
compensation. These bargained-for rights will promote and improve enhanced
service delivery models and public safety, along with other tangible benefits to the
City's residents. The Phoenix City Council has determined, and Unit 5 agrees, there
are specific activities that confer a public benefit; a dual public/private purpose or an
exclusively public purpose, for which up to 2 Unit 5 (IAFF) members may be released
and will perform these duties under City Business.
C. The City’s Labor Relations Administrator or authorized d
SI ee will be responsible
for coordinating the City Business. Time. The Labor
tic ns Administrator shall
identified in Subsection B shall submit reports
Administrator documenting the City Busine
leave, or monetary payment from the Uni
under this Agreement.
D. City Business Time
public/private p
should be
programs i la
of the barg unit in’-order to streamline service delivery and ensure timely
f changes in policy or programs. Changes in safety or security
“down costs associated with workers’ compensation, the cost of
ealthcare and the use of sick time, Authorized Employees will assist
bargaining members with understanding coordination of benefits.
5. In order to ensure City resources are well coordinated, upon the direction of the
4
City and consent of IAFF, Authorized Employees will participate in various City
committees, labor management meetings, or labor management work groups as
a member of the committee or group.
6. Participate in Department-authorized or City-sponsore
aorized community
projects and events.
7. Represent employees involved in critical incid time of incident (e.g.,
personal injury related).
8. As a means of controlling administrati
employee matters in a large and c
matters at the earliest possible sta
ape Bas
‘City and with the g f
{ management's requ
1. A union member who wishes to use City Business time must submit a written
request (e-mail will suffice) as soon as the need for time is known but no later
than 72 hours in advance, when practical, of the time requested to an individual
5
designated by the Labor Relations Administrator or authorized designee. Any such
request must specify what the time will be used for. A request for City Business time will
be approved only if the-activity has either a dual public/private purpose or an exclusively
public purpose. Upon Labor Relations Administrator approval, Fire Department time
management will be notified of the approved leave for entry inte: el
G. Union Representatives
1. The Union may designate one (1) 493 Executiv ee of 493 Directors,
and four (4) Union Representatives to rep
appropriate. The Phoenix Chapter Presid
designations. There shall be no obligati
normal departmental scheduling or
designations.
9
duty hours by using the.Bank of Donated: Léai me spent during aety hours
for any other union < information, interviewing the
grievant or witnesses, "é »,or preparing a presentation
age in Union related
»Chief at such time and in
related activities except as expressly
1. The Department shall maintain
Shall furnish to the Union on request, at actual cost, a
City payroll deduction in July and January during the
ent indicating name, mailing address, and job assignment. The
ja monthly list of employees added that month to Unit 5.
conformity with Ordinance G-3303, deduct monthly the Union
periodic Union membership dues and/or special assessments
ilar
signed by the Union member, and transmit such deductions to the Union on a monthly
basis; except, however, that such deduction shall be made only when the employee's
earnings for a pay period are sufficient after other legally required deductions are
made. The City shall, at the request of the Union, make changes in the amount of the
deduction hereunder during the term of this Memorandum at cost for implementing
such change. The City shall not make dues deductions for Unit-employees on behalf
of any other employee organization during the term of this randum. The City
assumes no liability on account of any action taken pur fo this paragraph. !n
addition, with sufficient notice the Union may request in dues deduction to
either monthly or bi-weekly for the entire membershi lly 1 or at other times
agreed to by the parties. By filling out and subm eduction form for
membership dues, each unit member/employe nd affirmatively
consenting to the deduction of the stated
from their pay check.
L. The City will continue to provide tho:
the past exclusively for posting of offici
abusive of any person or organization, o
In addition, the Union will be allowed to u
tools to disseminate suc
not be political in nature,
disruptive of the department!
or his designee, shall review
distribution.
i¢-department's operat .
[ partment Communications
Such announcements shail
the Union, such as personnel census,
Srmalon Such requests shall be made through
about the activi
<.time will be allo
that a are mutually beneficial to the City and the Community. This
_sometime’ during the last 4 weeks of training of said recruits at
y. During such discussions, Union representatives shall avoid
i nformation that is political in nature, abusive of any person or
organization or disruptive of the Department's operation. City business time will be
available for this: fpose.
1. The City shall provide the Association with a list of unit members/employees
showing each unit member's/employee’s City employment date and class
employment date.
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2. Seniority shall be by length of service within a class. If seniority within the class is
not determinative, then length of service with the City shall prevail.
3. Seniority will be applied in conjunction with City of Phoenix Personnel Rule 14.
4. The Department will also post an annual seniority list (beginning of the fiscal year)
on the Department's internal webpage. In addition, new tional lists for Fire
Engineer and Fire Captain will be posted on the inter
certified and finalized by City HR.
Section 1-4. Rights of Unit Employees
A. All employees have the right to have
representative without discrimination
the Union or any other organization. Wi “ : mployees,
grievant” or some derivation of those, ‘i Ov
with the term “Unit member/employee.”
shall not be
any hours .0
joyer shail lofea's paid leave any hours
ployee's regular work shift in pursuit of
d in either the Supervisory and/or
al-"record. Employees may. request to
ible documents based on the below criteria by contacting the
Department File
Personnel File
Document Supervisory File {if applicable) (OFFICIAL FILE)
Maintain originat
oy . in file. a ane
Coaching siSupeveary Remove annually Not maintained Not maintalned
g provided no further — —
incidents.
. Maintain original
in file.
Written Reprimands Employee may
quest to inactivate
Maintain copy
Suspensions Remove annual ——
. : Employee may
{other than below) provided no fui request to remove
incide
Discipline under 21b2,
21b4, 21b5, 21b12,
21b13, 21b14, 21b15,
21b18, 21619, 21b20.
Discipline older than 5 years,
progressive discipline or prom
officer.
property. of another employee or citizen.
° The employee is under the influence of alcohol or illegal drugs on the job.
* The employee has violated City of Phoenix anti-harassment or anti-discrimination
policies.
at OF ly City buildings and property, but also City vehicles
The employe has stolen or is in unauthorized possession of City property or the
° The employee committed a violation of the City's Ethics Policy.
9
(as provided in ARS 13-3102) at a City worksite’, unless
* The employee's actions meet the elements of a felony.
* The employee committed an act of dishonesty.
E. Supervisors are encouraged to discuss concerns and at
concerns with a member/employee without utilizing a for
Supervisors are encouraged to not utilize an investigatory:
a reasonable belief that discipline (a written reprimand of
information be made during a conversation to attem ie ve an issue that could
result in discipline, the supervisor will stop the mésting’and:uth
Process as outlined below. Any interview became investi
evidence sought by the City may result in a di
pt to resolve those
2. If the City elects to issue 3 , : mployee, the following
shall apply: : 3
cd
‘is no active questioning, representation
yees may bring a representative if they
iscussion during the issuance of the NOI.
2<hours excluding holidays and N-days
Ovi any other material requested. This
y be extended by mutual agreement if there are extenuating
member/employee being interviewed, the member/employee
ised of their right to a representative.
rm will be issued at the meeting.
he” union representative may assist and consult with the
mémber/employee, attempt to clarify the facts or questions asked, and
suggest other members/employees or witnesses who may have knowledge
of the underlying issues. The union representative cannot speak on behalf of the
10
member/employee or impede the progress of the interview.
d. The member/employee or representative may ask for a caucus during the
meeting. Caucuses will be granted for a reasonable timeframe.
e. The interviewer may not prohibit the union repres'
representation, including consulting with
member shall be allowed to seek advice
during the interview. A caucus will not
pending. The member/employee will
answer after the caucus.
ive from engaging in
ember/employee. The
entative in caucus
hen a question is
the member/employee or
ake a closing statement.
EA 7 rhergency situati the unit members/employees shall have a
a ONES, ‘minimum « .48 hours to arrange for union representation when the
member/employee is the subject of an administrative investigatory
interview. The-unien representative will make every reasonable attempt to
arrive: > within the 48. hours. A member/employee may waive the 48-hour time
requirement if the member/employee is not opting for representation.
\
40 Regardless of whether the City elects to interview the member/employee, or issue
written cuestiny the following shall apply:
e 7
a. The member/employee will be instructed not to speak to anyone regarding
an investigation. This restriction does not apply to the union, the union’s
11
attorney, the member/employee’s family, the member/employee’s attorney,
the investigator, or chain-of-command.
b. The member/employee will be advised if the inquiry:
or the result of a citizen complaint, employee/co-w:
s. supervisor initiated
‘omplaint, or other.
The member/employee shall also be infor, e Garrity protections
iminal investigation
U.S. 493, 87 S.Ct. 616 (1967)].
d. The member/employee will bi ‘
relevant to the investigation i i ions‘orsubmitting
to an interview.
investigation will be
vided either verbally
atory documentation, such as the NOI or witness statements
t in the Personnel or Supervisory Files after the investigation is
S embers/employees shall NOT be required/compelled to interview
in-an outside investigation by Fire Department Administration or City of
Phoenix Officials, including City Legal.
6. Unit members/employees will be permitted to apply and/or compete in a transfer
12
process while in a pending investigation. The transfer process will not be delayed
pending the conclusion of the related investigation.
a. There are times a member/employee is awarded, a transfer, and a
requirement exists that the new position is occupi
Often in this circumstance the failure to occu
award of transfer to new position. :
fined time frame.
esult in forfeiting the
If the member/employee is unal he @ requirement to
begins on the day t
the conclusion of t
If the member/employe
occupy a_ position
member/éi
occupy
_A memberlemployee: wiio receives a written reprimand or suspension may request
i ormation: upon which the written reprimand or suspension was
to what was specifically cited in the discipline at no cost to the
Lt is-understood py the parties that the benefits granted by this Article shall not be
interpreted or, applied as requiring the member/employer to count as time worked,
any hours or fractions of hours spent outside the member/employee's work shift in
pursuit of benefits provided by this Article unless otherwise specified in this MOU
the employer shall count as time worked any hours or fractions of hours spent
within the member/employee's regular work shift in pursuit of benefits provided by
13
this Article.
10. A member/employee from Unit 5 in investigative process shall be treated
consistent with sworn member/employee from managementin same investigation,
including decision to place on administrative leave.
F. Member Discipline
Any member receiving discipline that results in a ft hours, Op,days or work, will
have those hours converted to match their a Discipline for
40-hour members shall be equal to 8 hour: ie for 56-hour
members shall be equal to 11.2 hours for. i
day will be increased proportional to
G. {fa terminated member/employee i
will be entitled to back pay.
, they
Section 1-5. Prohibition of Strike
A. The Union
i yndone, counsel or permit
duties, slow down, disrupt
©’ shall immediately notify the Union that
n shall forthwith disavow said strike or
in good faith to cause such employees to
: and/or cease the prohibited activity or, alternatively accept
the responsibility for the strike or other prohibited activity.
c:.. There shall be n ckout by He City during the term of the Memorandum.
D. “The. provisions of Section 2 (17) and section (13) of Ordinance G-1532, are
is Memorandum.
Article 2: Grievance/Arbitration/Labor Management
Section 2-1. Grievance Procedures
14
It is understood by the parties that the benefits granted by this Article shall not be
interpreted or applied as requiring the employer to. count as time worked, any hours or
fractions of hours spent outside the employee's work shift in pursuit of benefits provided
by this Article. The employer shall count as time worked any h fractions of hours
spent within the employee's regular work shift in pursuit o ftts provided by this
article.
A. Informal Resolution
1. As a matter of good labor-manageme
members/employees who believe tha
and attempt to resolve it with their i
2. Sf the above informal discussion is
unit member/employee may file a
following procedure.
B. Definition of Grievance
1.A grievance is a writte
grievance. Howev
Agreement from the
as’ within the definit
set forth rai cand shall not be handled in accordance
i ed that sus ‘or under aisputes a are not grievable or
technology, etc:
3. A grievance “which doak: not meet the requirements set forth in this Article shall
be null and void, and will: pot be processed in accordance with this procedure.
C. Procedure 4)
All grievances. covered by this Article shall be handled exclusively in the following
manner.
A grievance faust be reduced to writing, citing the specific Article and Section of this
Memorandum alleged to have been violated.
1. Step 1
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The unit member/employee shall reduce the grievance to writing by signing and
completing the grievance form provided by the City and submit it to the division head,
or designee, within 14 calendar days of the initial commencement of the occurrence
being grieved. This 14 day timeline shall NOT be applicabl roll grievances as
members/employees pay periods generate an automatic very two weeks.
The division head, or designee, may investigate, fu sider, and discuss the
appropriate, and shall, within 14 calenda
grievance, submit a response thereto in wri
mutual agreement may move the grievane
2. Step 2
the grievant may appeal the. grievance by sig nt Ompleting the City form and
presenting it to the departh ead, or des ithin 14 calendar days of the
grievant's receipt of the Ste | .
with the grievant and ‘the grievani at repre
lendar days: if having
the Grievance Committee, the parties
fé grievance to Labor Relations. The
p:tand Step 2 responses, must be submitted
n 14 calendar days of receipt of the Step 2 response. Labor
4calendar days of the receipt of the grievance, meet with the
r designee, and the grievant and the grievant's representative, if
to resolvesthe grievance. Labor Relations shall then submit a
‘all parties’within 14 calendar days of the meeting.
__ any, in an atte
.written respons:
| i response of the Step 2 (or 2.5 if applicable) does not result in a
resolu nt of the grievance, the grievant may, within 14 calendar days of the
Step 2fesponse, appeal the grievance by signing and completing the City form
and presenting it to Labor Relations. A Grievance Committee hearing will be
scheduled at which the grievant shall be afforded the opportunity to fully
present his position and to be represented.
16
The Grievance Committee shall be composed of:
Chairman — A member of the City Manager's Office designated by the City
Manager.
2 Members — Mutually agreed upon by City Manager's Office and Local 493.
The Grievance Committee shall submit
recommendation(s) to the City Manager. The City
final determination of the grievance and submi
his designated representative.
and advisory
ager shall make the
ing to the grievant and
above time
an arbitrator. Th
b. If the grievant so elects in writing wit
hearing the grievance may be revi
designated representatives, shal
in lieu of such
ies, or their
arbitrators who have had experie
within 7 calendar days of the rece
alternately striking nar
shall then becom
hearing as expediti
’name remains. Such person
or so selected shall hold a
nd place convenient to the
Atal rules and tegu
1 her and shall have no authority to consider any other
him/her:
rator step submit findings and advisory recommendations to the
City Manager. The City Manager shall make the final determination of the
grievance, and submit it in writing to the grievant and his designated
__ Tepresentative.
Cc. The. City: not under any obligation to accept grievances where the City
Manager has previously decided on the same fact pattern.
D. Time Limits
Failure of City Management representatives to comply with time limits specified in
17
Paragraph C shall entitle the grievant to appeal to the next level of review; and failure
of the grievant to comply with said time limits shall constitute abandonment of the
grievance; except however, that the parties may extend time limits by mutual written
agreement in advance of the deadline.
E. .Union Grievance
The Union may, in its own name, file a grievance tha
the rights accorded to the Union by the speci
Memorandum. The Union shall file such grievance:
iolation by the City of
f Article 1-3 of this
F. Group Grievance
When more than one unit member/empke
rights allegedly accorded by this Me
the same time and out of the same cir
filed in the name of all such members.
Grievant must be named &
G. Employer Grievances
Jrandum yer grievances will be
y officer of the'Union within 14 days of the
president, or designee, shall in each case
; receipt of the grievance. Unresolved
ion pursuant to Step 3.
‘odifications of existing major programs that will have a significant
livery or work schedules. Items of concern are then enacted as
a Correlating Team. The Correlating Team includes the following representatives
from Labor and Management: the Fire Chief and Executive Staff (Assistant Fire
Chiefs) and the Union President and Labor Executives. For each initiative mutually
identified in the RBO process, a Committee is established consisting of
18
representatives from labor and management and facilitated by co-chairs. Sub-
committees are further developed to facilitate meetings to achieve goals as set forth
in the agreed upon initiatives. Throughout the year, Committees and Sub-
Committees will meet regularly to accomplish their RBO initiatives.
C. There shall be a Fire Labor-Management Committee consi the Fire Chief and
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