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Memorandum of Understanding
Fiscal Years 2004 - 2005
between
The Mayor and City Council of Baltimore
And
Baltimore Fire Officers Local 964, IAFF
AFL-CIO, CLC
IAFF Local 964 – FY’04 & ‘05
TABLE OF CONTENTS BALTIMORE FIRE OFFICERS, IAFF LOCAL 964 MEMORANDUM OF UNDERSTANDING
ARTICLE 1: DECLARATION OF PRINCIPLE, POLICIES AND PURPOSE
ARTICLE 2: RECOGNITION
ARTICLE 3: CHECKOFF
ARTICLE 4: DISCRIMINATION
ARTICLE 5: MANAGEMENT RIGHTS
ARTICLE 6: GRIEVANCE AND ARBITRATION PROCEDURE
ARTICLE 7: UNION STEWARDS AND UNION REPRESENTATION
ARTICLE 8: HOURS OF WORK
ARTICLE 9: OVERTIME
ARTICLE 10: BULLETIN BOARDS
ARTICLE 11: HEALTH AND WELFARE
ARTICLE 12: DISCIPLINE AND DISCHARGE
ARTICLE 13: SALARIES
ARTICLE 14: UNION SECURITY
ARTICLE 15: SAFETY AND HEALTH
ARTICLE 16: SAVINGS CLAUSE
ARTICLE 17: NO STRIKE OR LOCKOUT
ARTICLE 18: MEAL ALLOWANCE
ARTICLE 19: CLASSIFICATION OF EMPLOYEES
ARTICLE 20: LONGEVITY
ARTICLE 21: ACTING OUT-OF-TITLE
ARTICLE 22: TRANSPORTATION
ARTICLE 23: SENIORITY, CALL BACK, LAYOFF, AND RECALL
ARTICLE 24: FIRE FIGHTERS’ BENEFICIAL AND DEFERRED COMPENSATION PLAN
ARTICLE 25: PROMOTIONAL SYSTEM
ARTICLE 26: UNIFORMS
ARTICLE 27: EMPLOYEES PERSONNEL AND MEDICAL FILE
ARTICLE 28: DEATH LEAVE
ARTICLE 29: EDUCATION
ARTICLE 30: VACATION
ARTICLE 31: OTHER LEAVE
ARTICLE 32: PENSION COMMITTEE
ARTICLE 33: PRINTING
ARTICLE 34: SEVERABILITY
ARTICLE 35: WORK RULES
ARTICLE 36: TERMINATION, CHANGE OR AMENDMENT
ADDENDUM A - HEALTH AND WELFARE BENEFITS
ADDENDUM B - TOTAL ANNUAL SALARY SCALES
ADDENDUM C - WORK SCHEDULE
ADDENDUM D - ARBITRATION SETTLEMENT AGREEMENT (FY 1998)
ADDENDUM E - ARBITRATION SETTLEMENT AGREEMENT (FY 1999)
ADDENDUM F - ARBITRATION SETTLEMENT AGREEMENT (FY 2000)
ADDENDUM G - ARBITRATION SETTLEMENT AGREEMENT (FY2001)
ADDENDUM H – RELEASE FROM WORK – Side Letter dated 3/1/01
MEMORANDUM OF UNDERSTANDING
FISCAL YEARS 2004 - 2005
between
MAYOR AND CITY COUNCIL OF BALTIMORE
and
BALTIMORE FIRE OFFICERS, LOCAL 964
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS
AFL-CIO, CLC
This Memorandum of Understanding is entered into the First day of July, 2003, between the Mayor and City Council of Baltimore (“employer”) and the Baltimore Fire Officers, Local 964, IAFF, AFL-CIO, CLC (“Union”). To the extent that implementation of these points requires action by the Board of Estimates and City Council, this Memorandum will serve as a request and recommendation to such bodies that it be so implemented.
ARTICLE 1: DECLARATION OF PRINCIPLE, POLICIES AND PURPOSE
It is the intent and purpose of the Union and the Employer to promote and improve the efficiency of the operations of the City of Baltimore and the Baltimore City Fire Department. In order to render the most efficient public service to the citizens of the City, the Union and Employer agree that this goal can best be achieved through an orderly, constructive and harmonious relationship between them. The parties hereto are in further accord that effective employee relations in the public service requires a clear statement of the respective rights and obligations of labor and management and for this purpose enter into this Memorandum of Understanding.
The Employer recognizes the Union as the certified negotiating representative of all eligible employees in the Baltimore City Fire Department, pursuant to the provisions of the Municipal Employee Relations Ordinance, Article 12 of the Baltimore City Code (2000)).
The Employer agrees to furnish the Union with the titles, classifications, rates of pay and job descriptions of all employees in the unit upon request.
The Employer agrees to deduct Union dues from the pay of any employee whom it is certified to represent and who authorized such deductions in writing, pursuant to the provisions of the Municipal Employee Relations Ordinance. The Employer shall transmit all such moneys withheld to the Union within 7 days of said deduction. The Employer agrees to supply the Union with a dues deduction computer print-out on a biannual basis throughout the term of this Agreement. Said print-out shall include each individual's name, address, location, annual salary and amount deducted per pay period. Said deductions and print-outs shall be without cost to the Union.
Such authorization shall be continued from year to year unless revoked in writing 30 days prior to the employee's anniversary date.
The Employer shall deduct a service fee from the bi-weekly pay of any employee who the Union is certified to represent who is not a Union member and who has not authorized the City to deduct Union dues from his or her pay. The service fee shall be collected, without the need for a prior written authorization from the employee, pursuant to all applicable provisions of the Municipal Employees Relations Ordinance, as amended, including Article 12 Section 6-1.a.The service fee deduction shall be updated on a quarterly basis to reflect adjustments from promotions and otherwise, in an employee’s total annual salary; and collection of the service fee shall be conditioned on compliance with Article 14, Section B of this Memorandum of Understanding. The Employer shall transmit all funds withheld to the Union within seven days of said deduction.
The Union shall indemnify and save the Employer harmless of any and all claims, grievances, actions, suits or other forms of liability or damages that arise out of or by reason of any action taken by the Employer for the purpose of complying with any of the provisions of this Section, and the Union assumes full responsibility for the disposition of the funds deducted under this Section as soon as they have been remitted by the City to the Union.
The provisions of this Agreement shall be applied equally to all employees in the bargaining unit for which the Union is the certified representative without discrimination as to age, sex, marital status, race, creed, color, national origin, political affiliation, disability as defined in the Americans With Disabilities Act, or sexual orientation.
The Employer and the Union agree that they shall not interfere with employees in the exercise of their rights guaranteed under the Municipal Employee Relations Ordinance.
All reference to employees or members in this Agreement is intended to include both sexes, and, wherever the male gender is used, it shall be construed to include male and female members as appropriate.
Subject to the provisions of this Memorandum, the Employer shall have all of the rights set forth in Article VII, Section 47, 48 (a) and (d) and 51 (b) and (c), of the Baltimore City Charter (1996 Edition) and Article 12, Sec. 3-2 of the Baltimore City Code, 2000 which provisions are incorporated herein by reference.
ARTICLE 6: GRIEVANCE AND ARBITRATION PROCEDURE
A. Subject to any limitation of existing law, any grievance, defined in the Municipal Employee Relations Ordinance Baltimore City Code (2000) Article 12, Section 1-1(g) as a dispute concerning the application or interpretation of the terms of this Memorandum of Understanding or a claimed violation, misinterpretation or misapplication of the rules or regulations of the Employer affecting the terms and conditions of employment, may be settled in the following manner:
STEP 1. Within 15 calendar days of the date of the grievance or knowledge by the affected employee of the occurrence giving rise to the grievance, the employee, accompanied by an authorized representative of the Union, shall orally discuss the grievance with his immediate officer. The aggrieved employee and representative shall attempt to resolve the complaint with all parties involved.
In the event the grievance is not resolved at this level, the employee and his Union representative shall present the grievance in writing to the Senior Officer or House Captain. If the grievance is not resolved at this level within 15 days, the House Steward and Battalion Representative shall present the grievance in writing to the Battalion Chief.
STEP 2. If the grievance is not satisfactorily resolved within 15 days of presentation to the Battalion Chief, the aggrieved employee shall forward the grievance, in writing, through a Union Vice President to the Division Chief. Within 7 calendar days of the presentation, the Division Chief shall hold a meeting with the appropriate Union representative to discuss the grievance.
STEP 3. If the grievance has not been satisfactorily resolved in Step 2, a written grievance may be taken to the Chief of Fire Department or his designee within 10 calendar days following the completion of Step 2. The Chief or his designee shall meet and discuss the grievance with the appropriate Union official within 10 calendar days of receipt of the grievance. A written answer to the grievance shall be submitted to the employee and the Union President within 7 calendar days thereafter. Any grievance concerning the direct action of the Chief of Fire Department or the Board of Fire Commissioners or any grievance which affects multiple employees may be commenced in Step 3.
STEP 4. If the grievance has not been satisfactorily resolved in Step 3, a written appeal to the Labor Commissioner may be taken within 10 calendar days of the completion of Step 3. The Labor Commissioner, the grievant and the grievant's representatives shall meet within 10 days of the filing of the appeal and shall confer in an attempt to resolve the grievance.
STEP 5. If the grievance has not been satisfactorily resolved in Step 4 and the Union's Executive Board finds the grievance to have merit, a review by an impartial arbitrator may be requested within 7 calendar days following the completion of Step 4, by filing a written notice with the Labor Commissioner.
(a) The parties shall agree upon an arbitrator within 7 days after receipt of a panel of arbitrators, either by mutually agreeing to an arbitrator or by alternately striking names from the panel until one arbitrator remains. The first strike made in selecting an arbitrator shall be alternated between the Union and the Employer from case to case.
(b) The arbitrator's decision shall be final and binding.
B.
1. Notwithstanding the grievance steps which are provided in Paragraph A, immediately above, an employee and/or the Union shall file a grievance at the step commensurate with the level at which, as alleged in the grievance, the breach alleged first occurred.
2. Time limits under this Article may be changed by mutual agreement.
C. If the findings or resolution of a grievance at any step of the procedure is not appealed within the prescribed time, said grievance will be considered settled on the basis of the last answer provided and there shall be no further appeal or review. Should the Employer not respond within the prescribed time, the grievance will proceed to the next step.
D. The cost of any arbitration proceedings under this Agreement shall be equally divided between the Employer and the Union.
E. In computing the time limits under this Article, the date of the preceding event shall be counted. Commencing at Step 3 Saturdays, Sundays, and legal holidays shall not be counted in computing time limits.
F. The rights of any employee who is discharged, reduced in pay or position, or suspended for more than 30 days shall be prescribed in Article 12 hereof. The employee shall also be entitled to all rights and remedies which are available to employees under Art. VII, Sec. 100 of the Baltimore City Charter (1996) and which are expressly reserved. The time period for filing a grievance to contest any form of discipline shall not begin until the final administrative action has occurred within the Fire Department and the employee(s) affected have received written notice of such action.
G. Any employee who is disciplined, but as to whom a due process hearing is not available under Art. VII, Sec. 100 of the Baltimore City Charter (1996) shall be permitted to grieve the discipline under this Article; provided, however, that any employee who is suspended for five or more days, but less than 31 days, shall also be permitted to arbitrate a grievance pursuant to this Article. The issue presented, which may be decided by an arbitrator, shall be whether, consistent with Art. 12, Sec. 3-2(3)(i) of the Baltimore City Code (2000), the discipline issued by the Employer was for just cause, and, if not, what shall be the remedy.
H. The Employer shall print and maintain copies of grievance forms in all units.
I. Officers involved in the charges leading to a grievance shall have the prerogative of being present at each step of the processing of that grievance.
ARTICLE 7: UNION STEWARDS AND UNION REPRESENTATION
A. The Employer recognizes and shall deal with the appropriate accredited Union Steward in areas to be defined by the parties and, where provided for in this Memorandum, the Union President and/or representative in all grievances filed under this Memorandum.
B. A written list of the Union Stewards and alternates shall be furnished to the Employer immediately after their designation and the Union shall notify the Employer promptly of any changes of such Union Stewards.
C. There shall be no more than 1 Union Steward and alternate in each area referred to in Paragraph A above.
D. After appropriate notice to his immediate superior, a Union Steward or Union Officer shall be granted reasonable time off during working hours with pay where he is engaged in processing a grievance under Article 6 of this Memorandum, except when granting such leave would adversely affect delivery of emergency services.
E. Nothing shall abridge the right of any duly authorized representative of the Union to present the view of the Union to the citizens on issues which affect the welfare of its members, or inhibit or hamper any employee's constitutional right of free speech.
F. The President of the Union shall be detailed to Fire Department Headquarters for the duration of this Memorandum to discharge his duties and shall be granted reasonable leave with pay as may be required for the purpose of discharging his official duties as Union President.
G. Officers of the Union shall not be disciplined for conduct while acting in their official capacity as officers of the Union and shall have the right to file a grievance pursuant to the grievance and arbitration procedure herein for any disciplinary action taken against them for conduct while acting in their official capacity as officers of the Union.
A.
1. The regularly scheduled work week for all fire suppression and Emergency Medical Services (EMS) personnel shall average approximately 42 hours per week, the aggregate of which shall be approximately 2,190 hours annually.
2. Each employee’s day of work shall be 10 hours on day shift and 14 hours on night shift. The basic order of shift rotation shall consist of two 10-hour day shifts, followed by two 14-hour night shifts, followed by 4 days off work. Employees shall be scheduled to work in accordance with Addendum C - Work Schedule, attached hereto, which is intended to represent the schedule set forth herein. The Department shall continue to observe its current practices and procedures with regard to the start and end of shifts and shift relief.
B. Company Officers may be permitted to exchange at any 1 time 1 or more vacation choices with similarly situated employees in the same battalion, or within the Department, with the consent of the respective Battalion Chief or Battalion Commander as the case may be. Battalion Chiefs may be permitted to exchange at any 1 time 1 or more vacation choices with similarly situated employees in the Department with the consent of the respective Division Chief(s). Responsibility for the equalization of time rests exclusively with the 2 employees agreeing to the exchange of tours of duty, and the Fire Department will not undertake the enforcement or equalization of the time. An employee shall be excused from duty upon proper relief within the 2-hour period to the end of his shift, or earlier upon consent of the Superior Officer.
Further, Company officers may exchange vacation opportunities or choices or shift rotations (as defined in Article 8 A.2.) with employees in the Fire Fighters bargaining unit.
C. Employees may exchange vacation choices or shift rotations provided no individual may work more than twenty-four hours consecutive except under emergency conditions. Employees who voluntarily swap tours of duty to work longer than their normal shift will not be eligible for meal allowance or overtime under Article 9 of this Memorandum. If the employee who voluntarily works an additional shift is held past that shift due to emergency operations, the employee shall be eligible for the provisions of Article 9. The Employer shall have the right to disapprove any swap of work dates that would invoke the provision of Fair Labor Standards Act (FLSA) overtime payment for public safety employees.
D. Before rescheduling the work hours of any unit, the Employer shall notify the Union 30 days in advance so that the parties may have opportunity to further discuss any change prior to implementation. The Chief of Fire Department shall have scheduling authority.
E. Employees assigned as instructors at the Fire Academy, assigned to the Fire Prevention Bureau, or assigned to the "all day" shift at the Fire Investigation Bureau shall work a 4-day, 40-hour work week, with the exception of each Bureau Chief.
F. The current hours and work schedules of all employees not expressly addressed in this Article shall be maintained.
A. All hours worked in excess of the regularly scheduled work day or in excess of the regularly scheduled work period shall be considered overtime and shall be paid for at the rate of one and one-half (1½) times the normal straight time rate of pay. The hourly overtime rate shall be paid after an employee has worked a minimum of 15 minutes overtime. Employees returning from a fireground shall be allowed 15 minutes for clean-up. In interpreting or applying the provisions of Article 9 of this Memorandum of Understanding, no employee shall be any less entitled to receive overtime compensation than he or she would have been under the FY 85-86 Memorandum of Understanding between the parties, before the United States Supreme Court decision in Garcia v. San Antonio Mass Transit Administration, 469 U.S. 528, 105 S. Ct. 1005, 83 L. Ed. 2d 1016 (1985) and subsequent legislative amendments to the Fair Labor Standards Act.
B. Employees called in to work outside their regular shift shall be paid a minimum of 4 hours overtime at the rate of one and one-half (1½) times their normal rate. Any employee called in or required to work prior to or after his regular shift, but annexed consecutively to one end or another thereof, shall be paid at the rate of one and one-half times (1½) his regular rate of pay only for the time worked, but in no event less than one (1) hour, and the aforesaid four (4) hour minimum provision shall not apply. Nothing herein shall be construed to mean compounding of overtime. The Union shall be provided the names, companies and shifts of all employees called back within 3 days of the call back.
C. The Employer shall not vary or rearrange work schedules to avoid the payment of overtime, except for temporary changes in which case 5 days' notice will be given.
D. Compensatory time shall be granted in lieu of overtime payment at the employee's request at the rate of one and one-half (1½) hours for each hour worked. The present policy shall remain in effect for the Officers' school and church services.
E. No employee will lose pay due to a shortening of the actual hours of work caused by the changing of clocks for the observance of Daylight Savings Time.
F. An employee whose actual hours of work are extended due to the changing of clocks for the return of Standard Time will be eligible for overtime pay for all work performed in excess of the regular work shift.
ARTICLE 10: BULLETIN BOARDS
The Employer agrees to provide a bulletin board at least 36” x 48” labeled with the Union's name where the Union may post notices of official Union matters. All Fire Department Bulletin Boards shall be used only for official notices of Union matters and Fire Department documents. Only the Chief of the Department has the right to order the removal of any literature not in compliance with the foregoing.
ARTICLE 11: HEALTH AND WELFARE
A.
1. All existing health and welfare benefits shall remain in effect for the duration of this Agreement, except as modified by this Article or by Addendum A, attached hereto and incorporated by reference herein.
2. The Employer and Employee contributions as of June 30, 2003 shall remain in effect until December 31, 2003. Effective January 1, 2004, the employer shall assume 85% of the cost and the employee shall assume 15% of the cost of the premium for Blue Cross/Blue Shield Plans.
B. The employees represented by the Union shall not receive any terms which are less favorable than those subsequently offered to any other bargaining unit (F.O.P., AFSCME, and CUB) with regard to health care benefits, including premiums and prescription drug coverage. Should any premium or co-payment be less, the employees covered by the Agreement shall pay only the lesser amount required of the other unit(s).
C.
1. Effective July 1, 1992, the Employer shall remit an annual payment of $650 (which shall not be treated as a part of total annual salary) to be paid bi-weekly to each employee who, with satisfactory proof of alternative health insurance coverage received in another plan, elects not to take any coverage under a City Health Care Plan. If, after waiving coverage under any City Health Care Plan, the employee loses coverage due to the death of a spouse or other person who is a source of coverage, divorce or loss of employment (or such other qualifying event as determined by the Employee Benefits Division), the employee may enroll in a City Health Care Plan and consequently relinquish the waiver payment. An employee must notify the City's Employee Benefits Division within 30 days after a qualifying event occurs in order to enroll in a City Health Care Plan. The Employer shall apportion the payment should an employee either enter or leave a City Health Care Plan within a calendar year.
2. No benefits shall be paid for pre-existing conditions, which are an injury sustained, or a sickness for which an employee or dependent is treated or advised by a physician, within months prior to the effective date of coverage for the employee. Benefits may be extended for pre-existing conditions after the employee has been enrolled in a City Health Care Plan for more than 6 consecutive months. Maternity and pregnancy are excluded from such pre-existing condition limitation.
3. An employee shall be entitled to a Hospital Bill Audit Gainsharing payment of 33 1/3% of an overpayment (or other billing error resulting in an overpayment to the health care provider), up to a maximum of $500 to the employee for each incident. In order to qualify for the Gainsharing payment, the employee must: (i) identify an overpayment of more than $250 (in the aggregate) in a hospital bill that is presented to an employee or his or her dependent; and (ii) notify the City's Employee Benefits Division of the error within 30 days after receipt of an Explanation of Benefits from the Health Plan. Payment shall be due and made only if the error is verified, and the amount overpaid actually is recovered to the City's benefit.
4. Employees may freely transfer between Employer-sponsored health programs during open enrollment periods without penalty or exclusion of benefits; provided, however, that an employee not presently enrolled in the Blue Cross/Blue Shield Traditional Plan may not enroll in such plan after July 1, 1992, nor may an employee who leaves the Traditional Plan return to same. Existing memberships may alter enrollment status (adding and removing eligible dependents) in accordance with Employee Benefits Division guidelines.
D. The following benefits, in conjunction with Resolutions of the Board of Estimates adopted July 1, 1970 and March 28, 1973, relating to death, accidental death and dismemberment, shall remain in effect as follows for the duration of this Memorandum:
1. The face amount of the death benefit shall be an amount equivalent to the deceased employee's total annual salary on the date of the employee's death plus $1,500. In the event of the death or accidental death of an employee so covered, the amount of the benefit shall be paid to such beneficiary as the employee shall have, from time to time, specifically designated, or in the event there is no named beneficiary, then the amount shall be paid to his estate. In the event of the accidental death of such employee, such designated beneficiary or his estate shall receive double the said amount in indemnity benefits. The maximum amount provided for double dismemberment shall likewise be increased to an amount equivalent to the injured employee's total annual salary on the date of the employee's injury.
2. The additional accidental death benefit provided for in Paragraph (1) immediately above shall not apply to accidental death or dismemberment of an employee in line of duty.
3. The benefits and coverage provided for in Paragraph (1) above shall be converted, upon retirement, to a $7,000 death benefit with double the same amount in indemnity benefits in the event of accidental death, payable to the designated beneficiary or his estate, as in Paragraph (1) above. The maximum amount provided for double dismemberment shall likewise be converted to $7,000, with one-half of said sum payable for a single dismemberment.
4. All retirees currently protected by the coverage described herein shall continue to receive same in the amount of $7,000, with double indemnity and dismemberment benefits, as provided for in Paragraph (3) above.
5. Present retirees who are not covered under (3) or (4) above shall receive a death benefit with double said amount in indemnity benefits in the event of accidental death, payable to the designated beneficiary, or his estate, as in Paragraph (1) above, in the amount of $7,000.
6. The provisions of the aforesaid Resolutions of the Board of Estimates shall continue in full force in effect.
E. The City will provide continued health care coverage at active employee rates for benefit-eligible survivors (spouses and eligible dependents) of those members who were enrolled in City health care plans and were killed in the line of duty at any time prior to or subsequent to January 1, 1995. If survivors or enrolled dependents become eligible for Medicare, they must enroll in the City retiree health care plan for coverage.
F. The Employer shall continue to assume 50% of the retiree's Blue Cross/Blue Shield premiums.
G. The Employer shall provide a burial benefit for line-of-duty death up to a maximum of $8,000 as an actual reimbursement for funeral expenses, including a memorial plaque.
H. In case of a line-of-duty death, the employees of the decedent's unit shall be given permission to attend the funeral and related services while on duty without loss of pay.
I. The Employer shall maintain a program to provide confidential short term psychiatric or psychological care for Fire Department employees of this bargaining unit. The program shall be administered in the following manner:
1. A licensed psychologist or psychiatrist shall be selected by a joint committee composed of an equal number of members appointed by the Union and by Management.
2. The psychologist or psychiatrist to be selected shall have obtained training in and shall have had significant professional experience in treating Post-Traumatic Stress disorder and related conditions.
3. A contract to provide professional services to members of the Union shall be entered into on a fee for service basis which shall require the psychologist or psychiatrist to provide at least the following care:
a) Employees shall be entitled to 2 one-hour consultations per annum without charge to the employee.
b) Billing for said consultations shall be sent to the Department of Finance through the Fire Department; however, the identity of the employee shall not be disclosed to officials of the Fire Department without the employee's consent.
c) The psychologist or psychiatrist shall adhere to those standards of confidentiality normally expected of practitioners in his field when treating private patients.
d) The psychologist shall make himself or a qualified substitute available at all hours for emergency consultations and critical incident debriefings.
e) The cost of any treatment which the employee elects to obtain from the psychologist or psychiatrist beyond the 2 one-hour sessions per annum referred to herein shall be the sole responsibility of the individual employee.
J. Joint Health Care Committee
1. A joint committee, composed of 4 members named by the Employer and 4 members named by Local 734 and Local 964 jointly, shall be organized to examine the cost, delivery and management of health care benefits that are to be provided under the terms of this Memorandum of Understanding. The joint committee shall meet on a routine basis no less frequently than once each month.
2. Any member of the joint committee shall be entitled to request and receive data the member may find necessary to understand either the cost of any health care benefits that are to be provided under the terms of this Memorandum of Understanding, or the manner in which any of such benefits are delivered or administered. Such requests for information shall be honored within a reasonable time after they are delivered, and shall be available either on a city-wide or unit-wide basis.
K.
1. Effective January 1, 1992, the Employer shall adopt and thereafter administer a fringe benefit program which qualifies under Section 125 of the Internal Revenue Code (1954 as amended), with the effect that the amount of each employee's contribution, if any, for health care coverage, prescription drug, dental and vision care shall be excluded from the employee's adjusted gross income.
2. To the extent permitted by federal tax laws, the Employer also shall make available to all unit employees on a before-tax basis those insurance products for which it generally permits payroll deduction. Such privilege shall also include any new insurance products which are of general application among City Employees.
L. Effective January 1, 1998, optical plan benefits shall apply to current and future fire fighter retirees, widows and dependents. The plan shall include an eye exam every twenty-four (24) months and prescription glasses, if needed.
ARTICLE 12: DISCIPLINE AND DISCHARGE
A. Disciplinary action consisting of discharge, reduction in pay or position, or suspension for more than 30 days shall be governed by the Rules of the Fire Department and the Civil Service Commission as provided in Art. VII, Sec. 100 of the Baltimore City Charter (1996).
B. Any employee who is disciplined, but as to whom a due process hearing is not available under Art. VII, Sec. 100 of the Baltimore City Charter (1996) shall be permitted to grieve the discipline under this Article; provided, however, that any employee who is suspended for five or more days, but less than 31 days, shall also be permitted to arbitrate a grievance pursuant to this Article. The issue presented, which may be decided by an arbitrator, shall be whether, consistent with Art. 12, Sec. 3-2(3)(i) of the Baltimore City Code (2000), the discipline issued by the Employer was for just cause, and, if not, what shall be the remedy.
C. An employee who is charged with a disciplinary infraction shall be entitled to a due process hearing before the appropriate level Referral Officer before such Officer shall recommend any disciplinary adjudication of the charge. The Referral Officer’s recommended adjudication of a charge shall not be altered or modified to result in an increased penalty before the final adjudication without a rehearing of the charge at the Review Officer or Administrative Hearing Officer level. When an employee is to appear before the Administrative Hearing Officer for a suspension, the hearing is to be conducted within twenty-nine (29) calendar days of the referral except when the employee is unavailable. Final adjudication of the charges shall be as prescribed and approved by the Chief of Fire Department. The member shall have the right to grieve or to challenge discipline, but the filing of a grievance shall not relieve the penalty prescribed.
D. All other penalties and punishments, including suspension for 30 days or less, shall be as prescribed by the Trial Board and approved by the Chief of Fire Department, subject to the right of the employee to grieve that action as set forth in Article 12, Paragraph B, above. Persons suspended under this Section who are later cleared of all charges by the Board shall be reinstated with full back pay.
E. Twenty-four hours continuous duty shall not be used as a form of discipline or punishment.
F. In the discipline and discharge cases, the Employer shall take into account prior cases with similar circumstances before administering punishment. The Employer shall begin all disciplinary investigations, when it deems such investigations necessary, no later than fifteen (15) days after it acquires knowledge of the misconduct or event for which disciplinary action is proposed. The employee shall be notified when an investigation is begun. The employee shall be notified when disciplinary action (charges) are to be undertaken, so said employee may obtain, consult and have present, proper Union representation during discharge or discipline, except when being charged under M.O.P. 336, Drug and Alcohol Policy.
G. During the pendency of a charge against an employee, any additional charge shall require an additional hearing.
H. Any employee of the Fire Department who is subjected to a suspension of thirty (30) days or less may at his/her discretion forfeit a like number of days from his/her vacation bank in lieu of the suspension; provided, however, that at no time may the Employer require any employee to forfeit vacation time as discipline.
I. The choice to use vacation time instead of serving a suspension, without pay, shall be made solely by the employee affected. The Fire Department shall advise the Union when a member who is subjected to a suspension elects, instead, to forfeit vacation time.
J. An employee’s opportunity to receive call backs shall not be withheld while a suspension is pending, but not yet served.
ARTICLE 13: SALARIES
A.
1. Effective July 1, 2003, the employees who are covered by this Memorandum of Understanding shall continue to receive the Annual Salary reflected in Addendum B-3 Total Annual Salary Scales, of the Memorandum of Understanding for Fiscal Years 2002-2003 as that wage is reflected herein as Addendum B Total Annual Salary Scales.
2. In the event that the City by virtue of collective bargaining for a Memorandum of Understanding for Fiscal Year 2004, except as a result of any binding arbitration required for the Baltimore City Police by legislation or charter amendment, grants an increase in wages, salaries, benefits or any component of total annual salary for Fiscal Year 2004 to Unit II of the Fraternal Order of Police, and the total value of that increase exceeds the total value of the increase in wages, salaries, benefits and any other component of total annual salary given to the Union's bargaining unit for Fiscal Year 2004 the Employer agrees to grant an equivalent additional increase in Fiscal Year 2004 to all employees in the Union's bargaining unit.
3. The Union and the Employer may reopen this Memorandum for the purpose of negotiating wages (including those provisions set forth in Article 20), for the period of July 1, 2004 through June 30, 2005, by giving the other party written notice no earlier than 60 days and no later than 30 days prior to January 1, 2004. Should such notice be given, the parties shall commence negotiations in accordance with the provisions of Article II, Section 55(b) and Article VII, Section 53 of the Charter of Baltimore City (1996 Edition) and Chapter 704, Acts of 1985 (Md. General Assembly) governing negotiations between the parties, including arbitration if the parties be unable to reach agreement. If notice is not given under this section of Article 13, wages reflected in Addendum B, hereof, shall remain in effect until June 30, 2005.
4. In the event that either party reopens this Memorandum as described above in Paragraph A.2., and in the event the City by virtue of collective bargaining for a Memorandum of Understanding for Fiscal Year 2005, except as a result of any binding arbitration required for the Baltimore City Police by legislation or charter amendment, grants an increase in wages, salaries, benefits or any component of total annual salary for Fiscal Year 2005 to Unit II of the Fraternal Order of Police, and the total value of that increase exceeds the total value of the increase in wages, salaries, benefits and any other component of total annual salary given to the Union's bargaining unit for Fiscal Year 2005 the Employer agrees to grant an equivalent additional increase in Fiscal Year 2005 to all employees in the Union's bargaining unit.
B. 1. Between July 1, 1994 and June 30, 2001, the Employer and the Union have in each fiscal year, by agreement, included in their Memorandum of Understanding a clause known as the “parity” clause which clause provided as follows:
In the event that the City by virtue of collective bargaining for a Memorandum of Understanding for Fiscal Year 2000, except as a result of any binding arbitration required for the Baltimore City Police by legislation or charter amendment, grants an increase in wages, salaries, benefits or any component of total annual salary for Fiscal Year 2000 to Unit II of the Fraternal Order of Police, and the total value of that increase exceeds the total value of the increase in wages, salaries, benefits and any other component of total annual salary given to the Union's bargaining unit for Fiscal Year 2000 the Employer agrees to grant an equivalent additional increase in Fiscal Year 2000 to all employees in the Union's bargaining unit.
2. In bargaining for a Memorandum of Understanding for Fiscal Years 2002 and 2003, the Employer and the Union have considered the value of benefits, hours of work, work assignments, etc., as between respective Fire and Police bargaining units. By mutual consent, they agree that these values were considered, and, as a consequence, there shall be no Article 13.B. “parity” clause for Fiscal Years 2002 and 2003. In reaching their present agreement for Fiscal Years 2002 and 2003, neither the Employer or the Union waive the right to bargain over parity in future fiscal years.
3. The Employer shall not appeal the judgment and/or mandate of the Court of Special Appeals in Mayor and City Council of Baltimore v. Baltimore City Firefighters Local 734 and Baltimore Fire Officers Local 964, No. 0181, September Term, 2000, nor shall the Employer file a petition for a writ of further review of the “parity” and “promotion” issues on appeal; thus to end the litigation between the Employer and the Union.
4. When the total annual salary for Fiscal Year 2002 for each employee who is covered by this Agreement is determined, the added three and one-half percent (3.5%) increase that is due under Art. 13, Sec. A.1. shall be computed only after the total annual salary for Fiscal Year 2001 is first adjusted to reflect the added 4% wage increase that should have been applied but was not in Fiscal Year 2001 under Art. 13, Sec. B. of the Memorandum of Understanding for that year.
5. On or before September 18, 2001, the back wages of each employee who was covered by the predecessor Agreement to this Agreement, the Memorandum of Understanding for Fiscal Year 2001 (under Art. 13, Sec. B. of that Memorandum of Understanding for Fiscal Year 2001), shall be paid in a lump sum. This shall include all employees on the payroll during FY 2001 who have retired or who have separated from employment for any other reason. The back wages due shall be computed by multiplying the employee’s total wage earnings (from all sources, including overtime earnings, etc.) for Fiscal Year 2001, from July 1, 2000 through June 30, 2001, by a factor of 4.0%, the product of which shall be the amount owed. If any wages that are due as of July 1, 2001 are unpaid as of September 18, 2001, then the Employer shall pay to each employee interest at the prime rate published for the Baltimore Metropolitan area on all such sums due but not paid, with interest payable on sums unpaid beginning July 1, 2000. The Employer shall meet with the Union, and it shall provide all information needed by the Union, to enable the Union to timely audit the Employer’s compliance with its obligations under this Article.
6. For purposes of wage and service credit under the Fire and Police Employees Retirement System, the total annual salary of each employee shall be adjusted retroactively to July 1, 2000, to reflect the additional 4.0% wage increase due to each employee (past and present) who was covered under Art. 13, Sec. B. of the Memorandum of Understanding for Fiscal Year 2001.
C. Commencing on January 1, 1991, a fourth salary level shall be established which shall be entitled "Maximum Level" and shall be attained upon the completion of 5 years of service. A salary increment of 2.5% above the Experienced salary level shall be payable to employees who have attained the Maximum Level.
D. All remuneration due to or elected by an employee shall be based on the date on which the employee's anniversary or promotion date falls within the pay period. In the event that the employee's anniversary or promotion date falls within the first half of the pay period, the employee shall receive the payment for the entire pay period. If the anniversary or promotion date falls within the second half of the pay period, the payment shall be made as of the next succeeding pay period.
E. When an employee covered by this Memorandum of Understanding is promoted to a higher position, he shall receive the base pay for the higher position in accordance with the City's actual policy governing salary and promotions as of February 29, 1988.
F. Commencing on July 1, 1995, all employees shall be paid a Public Safety Officer's Comparability Benefit which shall consist of 2% of the salary rates for Fiscal Year 1995 per annum. This amount shall be considered a component of the employee's total annual salary for all purposes.
G. In order to compute the hourly rate for a fire suppression or other Group System employee working on a 42-hour schedule, the employee’s total annual salary shall be divided by 2,190.
All employees covered by this Memorandum of Understanding (i) who are employed after July 1, 1976 and elect not to join or remain members of the Union, or (ii) who were employed prior to July 1, 1976 and had previously executed membership or dues authorization cards as members of said Union, but hereafter elect to terminate such membership and/or revoke said dues authorization cards, shall, as a condition of continued employment, following their established probationary period, pay a service fee to the Union in an amount not to exceed the then current Union dues in order to defray the costs incurred by the said Union in the negotiation, administration and implementation of the terms of the Memorandum of Understanding, and all modifications and amendments thereto, including related proceedings before an impasse panel or arbitrators; in the processing of grievances; in the conduct of disciplinary proceedings and in the appeal thereof; in the protection and improvement of Department of Personnel rights; and in any and all other proceedings and matters for which the Union is the employees' exclusive representative as a result of its certification.
Should the Union desire to implement the collection of a representation fee as permitted under the Municipal Employee Relations Ordinance, the Union then must first follow the rules announced for such procedure by the Supreme Court in Chicago Teachers Union v. Hudson, 475 U.S 292, 106 S. Ct. 1066, 89 L. Ed. 2d 232 (1986). The Union agrees to develop an appropriate procedure for protecting the constitutional rights of all agency fee payers. The Union may charge for all constitutionally permitted expenses including, but not limited to, those expenses incurred in contract negotiations, grievance handling, lobbying on fire service, pension-related, Department of Personnel and other matters, discipline and dismissal hearings, arbitration and all other expenses either directly or indirectly related to those statutory functions as a collective bargaining representative.
A. The Employer and the Union shall cooperate in the enforcement of safety. Should an employee feel that his work requires him to be in an unsafe or unhealthy situation, the matter shall be considered immediately by the Employer. If the matter is not adjusted satisfactorily, it may become the subject of a grievance and will be processed according to the grievance procedure.
B. In addition, a departmental Joint Labor-Management Committee with equal representation from the City and Union will be established to discuss and make recommendations to the Chief of Fire Department regarding protective devices, wearing apparel, safety training and other safety-related subjects.
C. Union members of the Joint Committee shall be released from their work obligations in order to attend pre-scheduled committee meetings, except when granting of such leave would adversely affect deliver of emergency services.
D. Beginning on July 1, 1995, the Employer shall pay to each employee, in installments that are part of the employee's bi-weekly salary, $360 (on average) as an annual personal safety equipment and uniform adjustment. The adjustment shall be a component of an employee's total annual salary and shall be carried forward from year to year thereafter.
E. The Employer shall notify the Union at least 30 days in advance of the implementation of any decision to permanently close a unit of the Fire Department.
F. The Fire Department and the Unions shall continue to jointly establish a fitness and wellness program as recommended by the Joint Labor/Management Safety and Health Committee.
G. The Employer shall provide each first-line apparatus and ready reserve within the Fire Department with appropriate, operable flashlights for all positions assigned to the unit.
H. The Employer will make every effort to purchase station uniforms and/or protective clothing manufactured by Union employees.
All privileges, benefits, and rights presently enjoyed by employees covered by this Memorandum which are not specifically provided for or abridged in this Memorandum, such as, but not limited to, holidays, vacations, uniforms, equipment, etc., are hereby included in and protected by this Memorandum.
ARTICLE 17: NO STRIKE OR LOCKOUT
The Union and its members, individually and collectively, agree that during the term of this Memorandum of Understanding there shall be no strikes, slow-ups, or stoppage of work, and the City agrees that there shall be no lockout. In the event of an unauthorized strike, slow-up or stoppage, the City agrees that there will be no liability on the part of the Union; provided the Union promptly and publicly disavows such unauthorized strike, orders the employees to return to work and attempts to bring about a prompt resumption of normal operations; and provided further that the Union notifies the City, in writing, within 48 hours after the commencement of such strike, what measures it has taken to comply with the provisions of this Article.
In the event that such action by the Union has not effected resumption of normal work practices, the City shall have the right to discipline, by way of discharge or otherwise, any member of the Union who participates in such strike, slow-up or stoppage, and no such disciplinary action shall be subject to the grievance procedure provided for in this Memorandum of Understanding.
ARTICLE 18: MEAL ALLOWANCE
An employee required to work 3 or more hours immediately preceding a normal full-time work shift or immediately following the completion of a normal full-time work shift shall receive a meal allowance of $5.
ARTICLE 19: CLASSIFICATION OF EMPLOYEES
A. The Employer agrees that in the event of a recommended change in the classification of a position in the Baltimore City Fire Department, it will notify the Union at least fifteen (15) days before it delivers the submission of the recommended change to either the Civil Service Commission or the Department of Personnel.
B. Whenever the Employer plans to create a new job classification or to re-write an existing classification, the Employer shall first meet with the Union about the intended changes and its anticipated effect on the compensation and employment opportunity of employees who are covered by this Agreement.
A. Effective July 1, 2001, the following longevity rules shall apply:
1. Each employee who is covered by this Memorandum and who has attained 5 years of creditable City service shall receive a longevity increment in the amount of 0.5% of the Maximum Level of the total annual salary of the employee’s classification.
2. Each employee who is covered by this Memorandum and who has attained 10 years of creditable City service shall receive a longevity increment in the amount of 3% of the Maximum Level of the total annual salary of the employee's classification.
3. Each employee who is covered by this Memorandum and who has attained 15 years of creditable City service shall receive an additional longevity increment in the amount of 3% of the Maximum Level of the total annual salary of the employee's classification.
4. Each employee who is covered by this Memorandum and who has attained 20 years of creditable City service shall receive an additional longevity increment in the amount of 3% of the Maximum Level of the total annual salary of the employee's classification.
5. Each employee who is covered by this Memorandum and who has attained 25 years of creditable City service shall receive an additional longevity increment in the amount of 3% of the Maximum Level of the total annual salary of the employee's classification.
B. Effective July 1, 2002, the following longevity rules shall apply:
1. Each employee who is covered by this Memorandum and who has attained 5 years of creditable City service shall receive a longevity increment in the amount of 1.0% of the Maximum Level of the total annual salary of the employee’s classification.
2. Each employee who is covered by this Memorandum and who has attained 10 years of creditable City service shall receive a longevity increment in the amount of 3.5% of the Maximum Level of the total annual salary of the employee’s classification.
3. Each employee who is covered by this Memorandum and who has attained 15 years of creditable City service shall receive a longevity increment in the amount of 3.5% of the Maximum Level of the total annual salary of the employee’s classification.
4. Each employee who is covered by this Memorandum and who has attained 20 years of creditable City service shall receive a longevity increment in the amount of 3.5% of the Maximum Level of the total annual salary of the employee’s classification.
5. Each employee who is covered by this Memorandum and who has attained 25 years of creditable City service shall receive a longevity increment in the amount of 3.5% of the Maximum Level of the total annual salary of the employee’s classification.
ARTICLE 21: ACTING OUT-OF-TITLE
A. Any employee covered by this Memorandum who is acting out-of-title shall, in addition to his total annual salary, receive the difference between the total annual salary of the Maximum Level of the acting class and the total annual salary of the Maximum Level of the employee's class. The term "total annual salary" when used in this Article shall have the meaning given to it in Article 13 of this Memorandum.
B. Effective January 1, 2004 and January 1, 2005, respectively, the Maximum Level pay rates that are to be used in computing the premium wage for acting out-of-title shall be the wage rates that were in effect on July 1, 2003 and July 1, 2004, respectively, as adjusted.
C. An up-to-date bulletin containing the sanctioned acting out-of-title pay scale for calendar years 2004 and 2005 shall be supplied to stations in print and distributed by December 1, 2003 and 2004, respectively.
D. The new acting out-of-title rate shall take effect on the first day of the payroll period in which January 1st falls.
E. Any employee who acts out-of-title on overtime or call-back time shall be paid at the acting rate for the overtime or call-back period.
The Department shall develop and implement a plan to provide, at its expense and risk, transportation to and from the fire ground for all employees who are covered by this Agreement. Whenever employees on duty are required to use their personal automobile for the purpose of transportation to and from fire grounds or for other required departmental business, they shall be paid the sum of $5 for such use; provided however that employees shall not be compensated for use of their personal automobile to and from their home to the firehouse or where their personal automobile is used for their convenience.
Employees shall not be ordered to use their personal vehicles for Fire Department business, nor shall they be ordered to use or enter any personal vehicle of any other persons for Fire Department business.
ARTICLE 23: SENIORITY, CALL BACK, LAYOFF AND RECALL
A. A roster of all members of the Fire Department shall be compiled and maintained by the Personnel Administrator showing each member of the Fire Department in the order of his length of service with the Fire Department. Company rosters shall be maintained.
B. Department Seniority - Captains
1. An employee's seniority for Acting Battalion Chief shall be established by the date of his/her acting-out-of-title approval.
2. Employees transferring to another Unit in another Battalion will be placed on the Battalion seniority roster where his/her acting seniority places them.
C. Employees called back to duty shall be so called on the basis of company seniority within the appropriate rank, whenever feasible. The officer in charge of field operations shall have full authority and discretion to select companies for emergency call back.
D.
1. The Employer shall notify the Union of the need to reduce the number of employees who are on payroll within the bargaining unit at least 30 days before the effective date of a layoff. Such notice shall be given in writing addressed to the Union by certified mail. The notice shall disclose the number of positions affected, the rank or classification of each position so affected, and the unit or units, if any, which are to be disbanded. Immediately after issuing the notice, the Employer shall give the Union a reasonable period of time, of no less than 15 days, within which it shall meet and confer with the Union to discuss such an action. The Employer shall respond to any proposals which the Union may make in response to the subject matter of the notice.
2. Each employee who is to be reduced in rank or laid off as a consequence of a reduction in force or the disbandment of any unit shall be given written notice, at least 21 days before such action is to occur, of the date, purpose and nature of the action that is to be taken with regard to him or her. The notice also shall reasonably state the reasons for the action, and any rights which the employee may have under the Administrative Manual and Civil Service Commission Rules or this Memorandum with regard to his or her employment. A copy of the notice also shall be timely delivered to the Union.
3. All reductions in force shall be established by seniority in the Department. Departmental seniority shall be established from the date that the employee was hired into the Fire Department. Seniority in rank or classification shall be established from the date that the employee was promoted into the rank or classification which he or she currently occupies.
In the event of a tie in seniority, the tie shall be broken on the basis of the Fire Academy final standing or score upon graduation from the Fire Academy.
There shall be no preference granted for subjective evaluation of performance, skill or ability when determining who to reduce from rank to rank, or who to lay off.
4. For the purpose of determining either seniority in rank or departmental seniority, the following additional rules also shall apply for layoffs and reductions in rank within the Fire Department. First, should an employee who formerly was employed by the Fire Department return to the service of the Department after a break in service due to an injury or illness causing disability, all time which intervened shall be counted in the employee's favor as if the employee lost no time away from work. Second, should an employee return to the Department after having resigned from City service or voluntarily transferred from Fire Department service for more than 6 months, his or her seniority shall begin anew; if less than 6 months, then the employee shall regain previous service time.
5. In the event a reduction in force is necessary, the reduction shall proceed in the following order:
(a) Employees shall be laid off in reverse order of departmental seniority; the most junior employees within the Department shall be laid off first, without regard to rank or classification.
(b) In the event that a reduction in force results in the need for a redistribution of employees from superior ranks to lesser ranks, such reductions in rank shall be accomplished by reducing in rank those employees with the least tenure in the affected rank, counting from the employee's date of promotion.
(c) An employee who is laid off shall be paid for all accrued but unused leave time, including vacation, holiday, and retirement leave (employee must be eligible for Service Retirement) based on the employee's total annual salary as of the date of separation.
(d) All employees who are reduced in rank or laid off shall not suffer any loss in benefit or entitlement accrued prior to the date of the action, e.g., holidays, vacation, personal leave, pension, and overtime, earned, accumulated and unused at the time of reduction in rank or layoff.
(e) Each junior employee who is bumped out of rank or classification shall, in turn, be reduced only one rank, to the rank or the classification immediately junior. This shall not pertain to layoffs which shall be consistent with Departmental seniority rights.
6. Any employee who is reduced in rank and involuntarily transferred into a new unit shall be entitled to acting out-of-title compensation based on the employee's acting certification. Any employee who at first received acting certification in rank and then was promoted, upon return to that rank or classification after demotion, shall retain his or her original acting certification and approval date, and shall enjoy the right to exercise the same.
7. If the current salary is the same as or greater than the maximum of the lower grade, the employee shall receive the maximum salary for the lower grade. If the current salary is less than the maximum of the lower grade, the employee shall receive the closest salary rate of the lower grade.
8. The Department of Personnel shall prepare and maintain a list, known as a "Reemployment List", of all persons who are reduced in rank or laid off, by rank or classification. In the event that vacancies occur within the Department while persons remain on the Reemployment List, the order of recall shall be determined by reference to the Reemployment List. The Reemployment List(s) shall remain in effect for 24 months after the date of a layoff (unless extended by the Department of Personnel) and shall be used to offer employment opportunities that may become available by seniority to all persons who have been reduced or laid off, before any employees are promoted from one rank to another or any persons are hired or transferred (from other City agencies) to become new employees of the Fire Department. No person may be hired, nor may any person be transferred from another City agency, while any person in that rank or classification r |