HomeMy WebLinkAboutAgenda Item - 2024-10-15 - Number 09.2 - Resolution 24-46, Collective Bargaining Agreement with IAFF (Local 1159) 9.2
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Subject: Resolution 24-46, Approving a Collective Bargaining Agreement between the
International Association of Fire Fighters, Local 1159, and the City of Lake Oswego.
Meeting Date: October 15, 2024 Staff Member: Megan Phelan, Assistant City Manager
Report Date: October 4, 2024 Department: City Manager's Office
Action Required Advisory Board/Commission Recommendation
❑ Motion ❑ Approval
❑ Public Hearing ❑ Denial
❑ Ordinance ❑ None Forwarded
❑X Resolution ❑X Not Applicable
❑ Information Only Comments:
❑ Council Direction
❑X Consent Agenda
Staff Recommendation: Adopt Resolution 24-46, approving a collective bargaining
agreement between the International Association of Fire Fighters, Local 1159, and the City of
Lake Oswego.
Recommended Language for Motion: Move to adopt Resolution 24-46.
Project/ Issue Relates To: NA
Issue before Council (Highlight Policy Question):
❑Council Goals/Priorities ❑Adopted Master Plan(s) ❑X Not Applicable
ISSUE BEFORE COUNCIL
Should Council approve a collective bargaining agreement (CBA) between the International
Association of Fire Fighters (IAFF), Local 1159, and the City of Lake Oswego?
BACKGROUND
The City and IAFF, Local 1159 were bound by a CBA that expired June 30, 2023. Consistent with
Council's direction and pursuant to state law, the City's bargaining team engaged in good faith labor
negotiations with IAFF, Local 1159 regarding the terms of a successor CBA. Although the City and
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503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
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IAFF reached tentative agreement on many proposals, the negotiations ultimately came to an
impasse. Because IAFF is a strike prohibited unit, the City and IAFF were required to resolve that
impasse via binding interest arbitration.
State law governs interest arbitration procedures, requiring both the City and IAFF to submit a
"written last best offer package" on all unresolved mandatory subjects of bargaining. In this
process, the arbitrator compares the entire package from each side and selects the one that best
meets statutory criteria. The arbitrator's decision is binding, preventing further changes to the CBA
language. On September 30, 2024 the arbitrator selected the City's package which is now before
Council for adoption.
DISCUSSION
A summary of the major economic points of the CBA follows:
• Effective July 1, 2023, a cost of living adjustment (COLA) of 4%. Effective July 1, 2024, a
COLA of 3.5%that is based upon the CPI-U Western Region Size B-C Index. Effective July 1,
2025 a COLA that is based upon the CPI-U Western Region Size B-C Index, with a minimum
of 2% and a maximum of 4%.
• The City currently makes a $100 per month contribution to a Post-Employment Health Plan
(PHEP). Effective 90 days from ratification, the City will establish a Medical Expense
Reimbursement Plan (MERP), and will cease making contributions to the PEHP. Effective and
retroactive to July 1, 2023, the City will contribute $300 per month into the MERP for each
employee covered by the Agreement. Each employee covered by the Agreement upon
ratification, shall receive any retroactive MERP contributions due less any monthly
contribution made to the PEHP from July 1, 2023 until the PEHP contributions ceased.
• Non-probationary OPSRP employees who do not have an unscheduled absence during any
consecutive three-month period shall be allowed to convert accrued sick leave to vacation
leave. Employees that work 40 hours a week shall be entitled to convert up to 8 hours of
sick leave to the same number of hours of vacation leave. Employees that work fifty-two
(51.3) hours per week shall be entitled to convert up to 12 hours of sick leave to the same
number of vacation leave. To be eligible for conversion, eligible employees must submit
their conversion request to payroll no later than 30 calendar days following the end of the
consecutive three-month period for which they are seeking conversion.
• Three-year contract.
A full copy of the CBA is attached to Resolution 24-46 as Exhibit A.
FISCAL IMPACT
The COLA for year one is $196,346. This amount does not include roll-ups and other related payroll
costs. The COLA for year two is $178,885. This amount does not include roll-ups and other related
payroll costs. The cost to increase the PEHP/MERP contribution in year one is $105,600.
Determining the actual fiscal impact cost to implement the sick leave conversion program is not
possible because it depends on who is eligible and chooses to convert their sick leave. The COLAs
provided in the first two years of the collective bargaining agreement are in line with the current
budget.
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RECOMMENDATION
Adopt Resolution 24-46 ratifying a collective bargaining agreement between the International
Association of Fire Fighters, Local 1159, and the City of Lake Oswego.
ATTACHMENTS
1. Resolution 24-46, with Exhibit A
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503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
ATTACHMENT 1
RESOLUTION 24-46
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO APPROVING A COLLECTIVE
BARGAINING AGREEMENT BETWEEN THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL
1159,AND THE CITY OF LAKE OSWEGO.
WHEREAS,the City of Lake Oswego collectively bargains with the International Association of Fire
Fighters, Local 1159, over wages, hours, and conditions of employment; and
WHEREAS,the collective bargaining agreement expired on June 30, 2023; and
WHEREAS,the City of Lake Oswego and the International Association of Fire Fighters, Local 1159, were
unable to reach agreement on a successor contract;
WHEREAS,the parties proceeded to interest arbitration and the arbitrator selected the City's written
last best offer;
WHEREAS,the arbitrator's decision is binding and effective on September 30, 2024.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lake Oswego authorizes the City
Manager to sign the collective bargaining agreement between the International Association of Fire
Fighters, Local 1159, and the City of Lake Oswego,July 1, 2023 through June 30, 2026 in the form
attached as Exhibit A.
This resolution shall take effect upon passage.
Approved and adopted by the City Council of the City of Lake Oswego at a regular meeting held on the
15th day of October, 2024.
AYES:
NOES:
ABSTAIN:
EXCUSED:
Joseph M. Buck, Mayor
ATTEST:
Kari Linder, City Recorder
APPROVED AS TO FORM:
Ellen Osoinach, City Attorney
EXHIBIT A
AGREEMENT
BETWEEN THE
CITY OF LAKE OSWEGO
AND THE
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS
(LOCAL 1159)
JULY 1, 2023 THROUGH JUNE 30, 2026
INDEX
Article Page No.
1. Recognition 2
2. Management Rights 2
3. Employee Rights 2
4. Peaceful Performance of City Services 3
5. Union Security 3
6. Hours of Work- Shift Personnel 4
7. Hours of Work-Employees Assigned to a 40 Hour Work Schedule 5
8. Wages 6
9. Overtime 7
10. Call Assignment 8
11. Acting In Capacity 9
12. Trade Time Procedures 9
13. Vacation&Holidays-Shift Employees 10
14. Vacation&Holidays-Employees Assigned to a 40 Hour Work Schedule 11
15. Sick Leave 12
16. Employee Insurance Benefits 15
17. Reimbursement of Books and Tuition 16
18. Workers Compensation 16
19. Incentive Pay 18
20. Investigator Standby Pay 19
21. Emergency Medical Technician Incentive Pay 19
22. Uniforms &Equipment 20
23. Discipline and Discharge 20
24. Grievance Procedure 21
25. Nondiscrimination 23
26. Liability 23
27. Seniority Clause 23
28. Deferred Compensation 25
29. Amendment and Closure Clause 25
30. Funding Clause 25
31. Savings Clause 25
32. Military Leave ..26
33. Term of Agreement 26
Appendix A(Drug&Alcohol Policy) .28
Appendix B (Salaries) 34
Appendix C (RFR Program) 38
Appendix D (Donated Leave Bank) 40
Appendix E(Training Officer Assignment) 41
IAFF Local 1159
Collective Bargaining Agreement
July 1, 2023 -June 30, 2026 Page 1
AGREEMENT AND PURPOSE
This Agreement is entered into,by and between the City of Lake Oswego,hereinafter referred to as
the "City", and the Lake Oswego members of Local No. 1159, International Association of
Firefighters,hereinafter referred to as the "Association" and/or"Firefighters."
It is the purpose of this Agreement to set forth herein the sole and full Agreement between the parties
concerning wages, hours and conditions of employment.
ARTICLE 1
Recognition
1.1 The City recognizes the Association as the sole and exclusive bargaining agent for the
purpose of establishing wages,hours and conditions of employment for all full-time employees in the
classifications of Firefighter, Fire Driver-Engineer, Fire Lieutenant, Deputy Fire Marshal and EMS
Coordinator; but excluding all seasonal, casual and irregular part-time,volunteer intern, supervisory
or confidential employees and workers of the City.
ARTICLE 2
Management Rights
2.1 The Association recognizes and agrees that responsibility for management of the City and
direction of its work force is vested solely in the City and responsible department heads. The
Association recognizes and agrees that in order to fulfill this responsibility,the City shall retain the
exclusive right to exercise the regular and customary functions of management, including,but not
limited to, directing the activities of the Fire Department; determining standards and levels of service
and methods of operation, including subcontracting and the introduction of new equipment; the right
to hire, layoff, transfer and promote, discipline and discharge employees (subject to Article 23); to
determine work schedules and assign work; and to exercise any other right not specifically abridged
by this Agreement. Nothing in this clause shall have the effect of nullifying agreements entered into
under other sections of this Agreement,provided that management rights and prerogatives, except
where abridged by specific provision of this Agreement, are not subject to the grievance procedure
specified in Article 24. It is further agreed that the City retains all rights,powers and privileges not
expressly specified in this section.
ARTICLE 3
Employee Rights
3.1 It is agreed that employees represented by the International Association of Firefighters shall
have the right to form,join and participate in the activities of employee organizations of their own
choosing for the purpose of representation on matters of employee relations. Employees covered by
this agreement also shall have the right to refuse to join in the activities of the Association or any
IAFF Local 1159
Collective Bargaining Agreement
July 1, 2023 —June 30, 2026 Page 2
other employee organization. No employee shall be interfered with, intimidated,restrained, coerced
or discriminated against by the City or by the Association because of their exercise of these rights.
ARTICLE 4
Peaceful Performance of City Services
4.1 During the time of this Agreement,there will be no strike, (including sympathy strike)by the
Association,nor will any of its officers, agents, or employees instigate,promote, sponsor, engage in
or condone any strike, slow down, concerted stoppage of work or any other intentional disruption of
the operations of the City,regardless of the reason for so doing. For purposes of this section, "strike"
means an employee's refusal in concerted action with others to report for duty, or their willful
absence from their position, or their stoppage of work, or their absence in whole or in part from the
full, faithful or proper performance of their duties of employment, for the purpose of inducing or
coercing a change in the conditions, compensation, rights,privileges or obligations of employment.
4.2 In the event of a violation of this provision by the Association or employees in the bargaining
unit, the City may discipline or discharge any member of the Association involved in such activity.
Nothing herein shall preclude recourse by the City to such other legal or equitable remedies as may
be available to it.
4.3 Each employee who holds the position of officer, steward or negotiator of the Association
occupies a position of special trust and responsibility in maintaining and bringing about compliance
with the provisions of this Article. The Association agrees to inform its members of their obligations
under this Agreement and to direct them to return to work.
ARTICLE 5
Union Security
5.1 Membership or non-membership in the International Association of Firefighters shall be the
individual choice of employees covered by this Agreement.
5.2 Dues Check-Off. The City agrees to deduct once each month the regular monthly
Association dues or fair share fees in an amount certified by the Association Treasurer for each
employee in the bargaining unit who has authorized such a deduction in writing. Each employee who
has elected to pay Association dues or fair share payments shall maintain on file with the City written
authorization to deduct fair share dues or Association dues.
5.3 The aggregate amount of dues and service fee deductions shall be transmitted to the
Association Treasurer with an itemized statement by the tenth day of the month after such deductions
are made.
5.4 If an employee has no pay due for a given month, the City shall have no obligation to deduct
or transmit dues or service fees for that employee for that month. In such event,the Association will
collect dues or service fees directly from the affected employee.
IAFF Local 1159
Collective Bargaining Agreement
July 1, 2023 —June 30, 2026 Page 3
5.5 The Association shall indemnify, defend and hold the City harmless against any claims made
and against any suit instituted against the City as a result of the City's deduction of Association dues
or fair share fees.
5.6 The City will notify the Association of all new hires in the bargaining unit within two (2)
weeks after their having been employed, furnishing the Association with the new employee's name,
mailing address and position for which they were hired.
5.7 The City agrees to furnish and maintain a bulletin board within all stations to be used by the
Association for the posting of official notices and bulletins of the Association which are of a non-
inflammatory nature.
5.8 Except as otherwise provided in this Agreement, during their working hours,Association
members shall not engage in solicitation for membership in the Association,the collection of fees or
dues for the Association, or carry on other business activities of the Association,provided that this
provision shall not prohibit conversations concerning Association matters which do not interfere with
work and duties of the City employee.
5.9 Any service provided by the City to the Association under this article shall be at no cost to
the Association.
ARTICLE 6
Hours of Work- Shift Personnel
6.1 Shift firefighters shall work a fifty-two (51.83)hour workweek. The workweek shall be
recognized as twenty-four consecutive hours on duty, followed by forty-eight consecutive hours off-
duty. Each shift shall commence at 8:00 A.M.
6.2 For the purpose of complying with the Fair Labor Standards Act,the work cycle shall be
twenty-seven(27) consecutive days, commencing July 1, 1985. Any hours worked in excess of two-
hundred and four(204)hours in any work cycle shall be paid at the overtime rate. For the purpose of
computing overtime,vacation and sick pay are considered time worked in accordance with the FLSA
or applicable law.
6.3 The City may, for purposes of training or as a result of a sick or injured employee, alter an
employee's workweek from a fifty-two (51.83)hour workweek to a forty(40)hour workweek with
no adjustment in compensation or change in the requirement to pay overtime for time worked less
than two-hundred and four(204)hours in a twenty-seven(27) day work cycle.
6.4 Sections 6.2 and 6.3 are set forth to comply with the provisions of the Fair Labor Standards
Act("FLSA") and the rules and regulations currently known by the parties to be in effect. Should
such provisions of the FLSA change or should any change to existing rules and regulations be made
to modify the parties original intent, the parties shall renegotiate the provisions contained herein
concerning hours of work, overtime compensation and rates of pay. Should the parties not reach an
agreement, the matter shall be submitted to binding interest arbitration.
IAFF Local 1159
Collective Bargaining Agreement
July 1, 2023 —June 30, 2026 Page 4
6.5 Shift Transfer: When the City determines that an employee should be moved from one(1)
shift to another,the employee shall not suffer a reduction or increase in pay for hours not worked as a
result of the change. When an employee requests a change in shift and the City grants the request,
the employee may elect to reduce their vacation accrual account, work the hours lost, or receive no
pay for the hours not worked.
6.6 All shift personnel will receive nine (9.36) shifts off per year in lieu of FLSA compensation.
The shifts will occur every 13th consecutive assigned platoon shift,thus reducing the workweek to
fifty-two (51.83)hours per week.
6.7 FLSA relief personnel may be assigned to work the following shift rotation: the employee
will work four(4) consecutive platoon shifts (e.g. A Shift)then receive three (3) calendar days off.
The employee will then work four(4) consecutive platoon shifts (B Shift) and then receive three (3)
calendar days off. The employee will then work four(4) consecutive platoon shifts (C Shift)then
receive three (3) calendar days off. This schedule creates a fifty-two (51.83)hour workweek for the
employee assigned to the FLSA Relief position.
6.8 Employees assigned to FLSA relief position are entitled to the same wages and benefits as
regularly assigned shift personnel but it is understood that their normal work schedule may differ, as
above, from that of normally scheduled shift personnel.
6.9 Employees assigned to FLSA relief position shall not be probationary employees.
ARTICLE 7
Hours of Work—Employees Assigned to a 40-Hour Work Schedule
7.1 Employees shall be assigned to a regular forty(40)hour workweek; in which case, the work
cycle shall commence on Sunday at 12:01 A.M. The work cycle shall be seven(7) consecutive days.
The workweek for employees on a 9-80 as outlined in Article 7.2 shall begin at the mid-point of the
eight(8)hour shift.
7.2 Regular Work Schedule: A regular work schedule has a fixed starting and quitting time. For
full-time employees, it consists of:
• Eight(8)hours per day on the basis of five (5) consecutive day workweek; or
• Ten(10)hours per day on the basis of four(4) consecutive day workweek; or
• 9-80 work schedule which is a two (2)week schedule consisting of one (1)week
based on four(4)nine (9)hour days and one(1) eight(8)hour day and the other
week consisting of four(4)nine(9)hour days followed by one(1) day off.
7.3 Variable Work Schedule: A variable work schedule is a work schedule that permits variable
starting and quitting times during the work week and,by mutual consent,may vary consecutive work
days,but which does not exceed forty(40)hours in a week. Variable work schedules are voluntary
for both the City and the employee and must be approved in advance by the supervisor.
IAFF Local 1159
Collective Bargaining Agreement
July 1, 2023 —June 30, 2026 Page 5
7.4 Flexible Hours: An employee and the City may agree to "flexing" an employee's work
schedule based on a temporary basis which is not the same as working a variable work schedule.
7.4 Changing Established Schedules: Both the employee and their supervisor will mutually agree
to a work schedule. The supervisor will not unreasonably withhold approval of work schedule
requests; however, the City reserves the right to determine the work schedule based on the needs of
the City and operations. Established work schedules may only be changed after fifteen(15) days
written notice to the affected employee(s). Upon mutual agreement of the employee and their
supervisor, this notice period may be waived.
ARTICLE 8
Wages
8.1 Effective and retroactive to July 1, 2023 the wage increase shall be 4%. The new scale shall
be attached as Appendix B and made part of this Agreement.
Effective July 1, 2024, the wage increase shall be the yearly percentage change in the
Western Region CPI-U Size B-C Index for the period of time ending December 31, 2023,with a
minimum of 2%and a maximum of 4%. The percent change is determined by comparing the change
between December 31, 2022 and December 31, 2023. The amount shall be carried to the first
decimal point. The new wage scale shall be attached as Appendix B and made part of this
Agreement.
Effective July 1, 2025, the wage increase shall be the yearly percentage change in the
Western Region CPI-U Size B-C Index for the period of time ending December 31, 2024,with a
minimum of 2%and a maximum of 4%. The percent change is determined by comparing the change
between December 31, 2023 and December 31, 2024. The amount shall be carried to the first decimal
point. The new wage scale shall be attached as Appendix B and made part of this Agreement.
8.2 Beginning with the July 31, 1980 payroll for work performed on or after July 1, 1980,the
City of Lake Oswego shall cease withholding from employees'monthly salaries the contributions
required by ORS 238; and shall assume and pay a six percent(6%) average employee contribution to
the Public Employee Retirement Fund for the employee members then participating in the Public
Employee Retirement System. Such payment of employee member monthly contributions to the
system shall continue for the life of this Agreement, and shall also be applicable to employees who
first begin to participate in the system on or before July 1, 1980 to the termination of this Agreement.
The full amount of required employee contributions paid by the City of Lake Oswego on behalf of
employees,pursuant to this Agreement, shall be considered as "salary" within the meaning of ORS
238 for the purposes of computing an employee member's "final average salary" within the meaning
of ORS 238;but shall not be considered as "salary" for the purposes of determining the amount of
employee contributions required to be contributed pursuant to ORS 238. Such paid employee
contributions shall be credited to the employee accounts pursuant to ORS 238, and shall be
considered to be employee contributions for the purposes of ORS 238.
8.3 When an employee is promoted to a new job classification and promotion falls on the
anniversary date of a merit step increase,the merit step increase shall be made first. The employee
IAFF Local 1159
Collective Bargaining Agreement
July 1, 2023 —June 30, 2026 Page 6
shall then be promoted and placed on the next pay step, which is higher than the previous
classification pay step.
8.4 Shift employees temporarily assigned to a forty(40)hour workweek shall have their regular
rate of pay converted to the forty(40)hour workweek basis. The hourly rate shall be calculated by
dividing the annual salary by two-thousand and eighty point zero eight(2,080.08)hours,the total
annual hours paid on the forty(40)hour workweek basis.
ARTICLE 9
Overtime
9.1 The City may, from time to time,require employees to work additional time in excess
of the specific work cycle. Time worked which is less than the amount specified under FLSA shall be
compensated at the straight time rate.
9.2 Time worked shall be computed to the next one quarter hour.
9.3 All overtime shall be paid at time and one-half(1.5).
9.4 Employees assigned to a forty(40)hour work schedule will receive overtime at time and
one-half(1.5)when they work more than forty(40)hours in a workweek. All overtime must be
approved in advance by the City,unless advance approval cannot be obtained due to emergencies or
other urgent operational needs.
9.5 At the discretion of employees assigned to a forty(40)hour work schedule, overtime may be
compensated by granting the accrual of compensatory time in lieu of overtime pay. Compensatory
time in lieu of overtime pay shall accrue at the rate of time and one-half(1.5). Compensatory time
may accrue a maximum of forty(40)hours. Compensatory time off shall be taken by mutual consent
and as approved by the employee's supervisor, consistent with the needs of the City. Shift personnel
are not eligible for compensatory time.
9.6 Employees assigned to a forty (40) hour work schedule, who are designated by the Fire
Chief or their designee to receive and answer after hour calls from the media shall be paid:
• Fifteen (15) minutes of overtime for each call from the media that is received from
the end of the employee's normal business day until 2200 hours (Monday through
Friday), and
• Thirty (30) minutes of overtime for each call from the media that occurs after 2200
hours, and
• Thirty (30) minutes of overtime during the entire weekend. The weekend begins at
the close of the employee's work day on Friday and end with the start of the
employee's regular schedule work day on Monday.
Successive calls are not progressive for time earned per incident. If the original call or calls extends
past the designated minimum, the employee will be paid to the next quarter hour.
IAFF Local 1159
Collective Bargaining Agreement
July 1, 2023 —June 30, 2026 Page 7
A media call is defined by a contact by a recognized member of the print, television or radio industry
regarding events,within the service area of the Lake Oswego Fire Department.
9.7 Employees assigned to a forty (40)hour work schedule, who are designated by the Fire Chief
or their designee to receive and answer after hour calls of a technical nature shall be paid:
• Thirty (30) minutes of overtime for each call that is received from the end of the
employee's normal business day until 2200 hours (Monday through Friday), and
• Sixty(60)minutes of overtime for each call that occurs after 2200 hours, and
• Sixty (60) minutes of overtime during the entire weekend. The weekend begins at the
close of the employees work day on Friday and ends with the start of the employee's
regular work day on Monday.
Successive calls are not progressive for time earned per incident. If the original call or calls extends
past the designated minimum,the employee will be paid to the next quarter hour.
A technical service call is defined as a request by a command officer (BC or designee) that requires
technical expertise as outlined in the Deputy Fire Marshal Job Description.
9.8 The answering of the phone is of a voluntary nature and requires no other compensation other
than outlined above, unless the time needed to complete those items exceeds the minimum time
outlined above.
9.9 Variable Work Schedules: Employees assigned a variable work schedule under the terms of
Article 7.3 shall be compensated at a rate of pay of time and one-half(1.5) for all work performed in
excess of forty(40)hours in a week.
ARTICLE 10
Call Assignment
10.1 Call Back Pay: An employee assigned to work after having been released from their
shift by the City and vacated their assigned place of duty shall receive a minimum of three (3)hours
pay emergency call back at the rate of time and one-half the regular rate of pay,unless the time
extends into or extends from their regular work shift. Each hour spent in excess of three(3)hours
shall be paid at time and one-half the regular rate of pay, after the FLSA requirement has been
satisfied as specified in Article 6.2 (Article 9.1 for forty(40)hour employees). When an employee is
called back to work, the time worked shall commence when the employee arrives at the work site.
For the purposes of non-emergency callback such as authorized meetings, errands and training, will
be compensated at one and one-half(1.5)hours minimum at the overtime rate.
10.2 Call Shift: Any employee who is called back for the purposes of maintaining adequate
staffing levels, as determined by the City, shall be paid in accordance with Article 6.2.
IAFF Local 1159
Collective Bargaining Agreement
July 1, 2023 —June 30, 2026 Page 8
ARTICLE 11
Acting in Capacity
11.1 Any employee who is temporarily required or assigned by the City to the duties of a position
in a higher classification and who assumes the responsibilities of that position, shall be compensated
at the same step of the higher job classification at the step of their current job assignment, (i.e. Step 3
FF to Step 3 DE or Step 3 FF to Step 3 Lt),beginning when first so assigned. Training time required
to become qualified to act in the capacity of a higher classification shall not be compensated under
the terms of this provision.
11.2 A"temporary assignment" is made to fill a position vacancy of over sixty
(60) days. When a temporary assignment is made the person filling the vacant position shall have a
change of classification form completed to change the pay as provided above. This rate classification
change is made to allow the person in the temporary assignment pay status for the temporary position
when the person is at work or on approved leave. Temporary assignments will be limited to no more
than one-hundred and twenty(120) days unless waived in writing by the Association and the City.
11.3 On occasion,the City may fill a vacancy of over sixty(60) days with different people to
allow for training and experience of personnel subject for promotion. If this occurs and it is solely
the choosing of the City, all personnel filling the position shall be considered on temporary
assignment as in 11.2 during the individual's period of actually filling the position.
ARTICLE 12
Trade Time Procedures
12.1 Firefighters shall have the right to exchange shifts when the change does not interfere with
the operation of the Fire Department and is carried out within the rules hereby set down and agreed
upon:
A. All requests for trade time shall be submitted to Telestaff,per policy, and must be
approved or denied prior to the trade.
B. At no time shall the City become responsible for trade time obligations incurred by
Firefighters.
C. Requests for trade time shall be made at least two (2)hours prior to the date
requested. In the event of an emergency trade with less than two (2)hour notice, a
written explanation explaining the cause of the emergency shall be submitted to the
On-Duty Battalion Chief
D. Trade time to work another job is prohibited.
E. No Firefighter shall accept a call shift assignment for pay and arrange for another
member to work the call shift as trade time, even in repayment for trade time debt.
IAFF Local 1159
Collective Bargaining Agreement
July 1, 2023 —June 30, 2026 Page 9
F. Upon approval of an educational course by the Fire Chief or their designee, trade
time may be granted to allow attendance of this course.
G. Firefighters shall not receive any extra pay as a result of a trade shift. Time worked in
trade for another person will not constitute"time worked" for purposes of the FLSA
or Oregon law so long as the request to trade time originates with an employee, not
the employer.
H. When a trade is to be paid back and the employee calls in sick,the employee paying
back the trade shall be charged sick leave at the hour for hour rate as if that employee
was scheduled to work the shift.
ARTICLE 13
Vacation and Holidays—Shift Employees
13.1 Shift Firefighters shall receive four and one-half(4 1/2),twenty-four hour(24) shifts off per
year in lieu of paid holidays. These hours have been incorporated in the following vacation schedule
and shall be taken as vacation.
0-4 years 310 hours per year
5-9 years 380 hours per year
10-14 years 439 hours per year
15-19 years 466 hours per year
20 years and up 495 hours per year
Effective July 1, 2011, the accrual rates for vacation hours for shift employees was increased by two
(2)hours per month(or twenty-four(24)hours per year) as indicated in the chart above. This change
will coincide with the increase in company inspections from thirty-six(36)to seventy-two (72)
occupancies per year assigned to each company. Effective and retroactive to July 1, 2017,the accrual
rates for vacation hours for shift employees will be increased by four(4)hours per month(or forty
eight(48)hours per year) as indicated in the chart above to coincide with a four(4)hour per month
accrual reduction in sick leave hours for all shift employees. Effective the first of the month upon
ratification of the Agreement, in lieu of company inspections, each company will perform building
visits to conduct self-assessments to a maximum of twenty-four(24) assigned buildings per year.
13.2 In the event of conflicts in scheduling vacation leave, for purposes of this Article, seniority as
determined by hire date shall have preference.
13.3 Vacation leave shall begin to accrue the first month after date of hire.
13.4 Vacation leave shall be approved by the Fire Chief or designee, consistent with the needs of
the City.
13.5 Vacation accrual accounts can at no time exceed the equivalent of two (2)years accrual at the
employee's current rate of accrual. Any vacation hours accrued after the employee's account reaches
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July 1, 2023 —June 30, 2026 Page 10
the equivalent of two (2)years accrual at the employee's current rate of accrual shall be rolled,by the
City, into the employee's Medical Expense Reimbursement Plan(MERP) .
13.6 Members assigned from a fifty-two (51.83)hour workweek to a forty (40)hour workweek or
from a forty(40)hour workweek to a fifty-two (51.83)hour workweek shall have their accumulated
vacation divided or multiplied respectively by a factor of 1.2958.
13.7 When an employee separates from the City in good standing,they must notify payroll in
writing at least two (2)weeks in advance of their last day with the preference that their defined
MERP group percentage of the employees' accrued vacation be contributed to their MERP or 457
deferred compensation plan account on a pre-tax basis. If the employee does not contact payroll
within two (2)weeks prior to their last day,the defined percentage will default all allocated funds to
be distributed to the MERP.
If an employee is terminated the defined percentage will default all allocated funds to the MERP.
ARTICLE 14
Vacation&Holidays—Employees Assigned to a 40 hr. Schedule
14.1 Vacation:
0-3 years 12.5 days (8.33 hours per month)
4-9 years 17.5 days (11.66 hours per month)
10-15 years 22 days (14.66 hours per month)
16-19 years 25 days (16.66 hours per month)
20+ 27 days (18.00 hours per month)
14.2 In the event of conflicts in scheduling vacation leave, for purposes of this Article, seniority_as
determined by hire date shall have preference.
14.3 Vacation leave shall begin to accrue the first month after date of hire.
14.4 Vacation leave shall be approved by the Fire Chief or designee, consistent with the needs of
the City.
14.5 Holidays: Employees assigned to a forty(40)hour work schedule shall be provided the
following paid holidays:
1. New Year's Day 7. Veteran's Day
2. Martin Luther King Day 8. Thanksgiving Day
3. President's Day 9. The Friday Following
4. Independence Day Thanksgiving Day
5. Labor Day 10. Christmas Day
6. Memorial Day 11. Two (2)Personal Holidays*
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Collective Bargaining Agreement
July 1, 2023 —June 30, 2026 Page 11
Holiday pay will be set at eight(8)hours. Employees who work ten(10)hours per day on the basis
of a four(4) consecutive day work week or any other schedule where the employee would normally
work more than eight(8)hours on the holiday shall have the option of using vacation, compensatory
time, or work extra hour(s)to offset this benefit.
*The "personal holidays" shall be credited to eligible employees as sixteen(16)hours of Personal
Holiday leave to their leave bank on July 1 of each year. Personal holidays must be used; they may
not accrue from one fiscal year to another.
14.6 When a recognized holiday falls on Saturday, the holiday will be observed on the preceding
Friday. When the recognized holiday falls on a Sunday,the holiday will be observed on the
following Monday.
14.7 When an employee is unable to observe a holiday because the holiday falls on the
employee's day off,the employee shall take another eight(8)hours off in the same workweek.
14.8 Vacation accrual accounts can at no time exceed the equivalent of two (2)years accrual at the
employee's current rate of accrual. Any vacation hours accrued after the employee's account reaches
the equivalent of two (2)years accrual at the employee's current rate of accrual shall be rolled,by the
City, into the employee's Medical Expense Reimbursement Plan(MERP) .
14.9 When an employee separates from the City in good standing,they must notify payroll in
writing at least two (2)weeks in advance of their last day with the preference that their defined
MERP group percentage of the employees' accrued vacation be contributed to their MERP or 457
deferred compensation plan account on a pre-tax basis. If the employee does not contact payroll
within two (2)weeks prior to their last day, the defined percentage will default all allocated funds to
be distributed to the MERP.
If an employee is terminated the defined percentage will default all allocated funds to the MERP.
14.10 Employees assigned from a fifty-two (51.83)hour workweek to a forty(40)hour workweek
or from a forty(40)hour workweek to a fifty-two (51.83)hour workweek shall have their
accumulated vacation divided or multiplied respectively by a factor of 1.2958.
14.11 Employees assigned from a fifty-two (51.83)hour workweek to a forty(40)hour workweek
for less than one (1)year are not eligible for the personal holidays as outlined in Article 14.5.
ARTICLE 15
Sick Leave
15.1 Sick Leave Accrual: Except as provided in Article 15.2 below, shift employees shall accrue
sick leave at a monthly rate of twelve (12)hours for each full month worked. Effective July 1, 2011
the monthly rate of accrual for shift employees was reduced to sixteen(16)hours per month. The
accrual rates for vacation hours for shift employees will increase by two (2)hours per month. These
changes coincided with the increase in company inspections from thirty-six(36)to seventy-two (72)
occupancies per year assigned to each company. The change from sixteen(16)to twelve(12)hours
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July 1, 2023 —June 30, 2026 Page 12
of sick leave accrual for shift employees coincided with an increase in vacation accruals of four(4)
hours per month for shift employees. Effective the first of the month upon ratification of the
Agreement, in lieu of company inspections, each company will perform building visits to conduct
self-assessments to a maximum of twenty-four(24) assigned buildings per year.
Except as provide in Article 15.2 below, employees scheduled to work a forty(40)hour workweek
shall accrue sick leave at the rate of eight(8)hours for each full month worked, or an amount
prorated for work less than a full month.
Maximum sick leave accrual for OPSRP shift employees shall be 2920 hours. Maximum sick leave
accrual for OPSRP forty(40)hour workweek employees shall be 1200 hours. Tier 1 and Tier 2
employees will have no cap on sick leave accrual.
The first forty (40)hours of sick leave used in a calendar year will be designated as protected time to
comply with the Oregon Sick Leave Law.
15.2 Sick Leave Upon Hire: New hires hired in a position that works fifty-two (51.83)hours will
receive two-hundred and sixteen(216)hours of sick leave upon hire rather than accruing sick leave
on a monthly basis. Upon completion of the eighteen(18)months,they will accrue sick leave as
described in Article 15.1.New hires scheduled to work a forty(40)hour workweek will receive the
equivalent of six(6)months (48 hours) of sick leave upon hire,rather than accruing sick leave on a
monthly basis. Upon completion of the six(6)months,they will accrue sick leave monthly as
described in Article 15.1.
15.3 Sick Leave Usage: Employees may utilize their allowance of sick leave for any of the
following reasons:
1. When unable to perform their work duties by reason of an off the job illness or injury,
exposure to contagious disease under circumstances which the health of the employees with
whom associated or members of the public necessarily dealt with would be endangered by
attendance on duty.
2. When the employee is unable to perform their work duties by reason of an on-the-job injury
or occupational illness, as set forth in Article 18.
3. When their presence is required to care for a member of their immediate family who is ill or
injured in accordance with OFLA and the Oregon Sick Leave Law.
4. For employees who are not covered by OFLA or FMLA,when the employee's attendance is
required to care for the employee's mother, father, spouse, domestic partner, sister,brother,
children or other relative residing in the employee's household.
5. For other qualifying absences in accordance with OFLA and Oregon Sick Leave Law.
15.4 Authorization to Use Sick Leave: All sick leave must be approved by the Fire Chief or
designee. Approval may be withheld pending certification of the attending physician or practitioner
that such illness or injury prevents the employee from performing work assigned by the City or other
verification of eligibility for sick leave benefits.
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15.5 Sick Leave Accrual and Leaves of Absence: Sick leave shall not accrue during any period of
leave of absence without pay. Sick leave shall accrue while on a leave of absence caused by an on-
the-job injury.
15.6 Bereavement Leave: In the event of a death of an employee's immediate family member as
defined by OFLA, shift personnel may take up to three(3) shifts off per occurrence, and 40-hour
workweek personnel may take up to forty(40)hours off per occurrence. Employees may also use
sick leave for absences from work for the death of an immediate family member, consistent with
OFLA. Bereavement leave shall not be charged to the employee' sick leave account. An employee
can take additional leave in excess of the initial bereavement leave. Employees have the option to use
sick leave in accordance with OFLA or vacation leave.
15.7 Abuse of Sick Leave: Sick leave provisions of this article are to be used only for bona fide
illnesses and injuries and other absences as set forth in Article 15.2 above, and in no way are they to
be used as earned vacation or other paid leave. Employees who are uncertain of whether their
absences qualify for sick leave should contact Human Resources. Abuse of sick leave provisions
shall result in disciplinary action.
15.8 Sick Leave and PERS: Upon retirement of an employee, and as provided by ORS 238.350
and regulations established by the Oregon Public Employee Retirement System, fifty percent(50%)
of an employee's accumulated sick leave shall be applied in the form of increased retirement benefits.
15.9 Sick Leave and FMLA/OFLA: The City will comply with the Oregon Family Leave Act
(OFLA) and the Federal Family Medical Leave Act(FMLA). Employees who qualify for and who
are absent from work for FMLA and/or OFLA qualifying reasons are eligible to use accrued paid
leave.
15.10 Employees assigned from a fifty-two (51.83)hour workweek to a forty(40)hour workweek
or from a forty(40)hour workweek to a fifty-two (51.83)hour workweek shall have their
accumulated sick leave divided or multiplied respectively by a factor of 1.2958.
15.11 Converting Accrued Sick Leave to Vacation Leave: Non-probationary OPSRP employees
who do not use an unscheduled absence during any consecutive three (3)month period shall be
allowed to convert accrued sick leave to vacation leave as follows:
A. Employees working a forty(40)hour workweek who have a minimum balance of forty(40)
hours of sick leave shall be entitled to convert up to eight(8)hours of accrued sick leave to
the same number of hours of vacation leave.
B. Employees working a fifty-two (51.83)hour workweek who have a minimum balance of
seventy two (72)hours of sick leave shall be entitled to convert up to twelve (12)hours of
accrued sick leave to the same number of hours of vacation leave.
To be eligible for conversion, eligible employees must submit their signed Sick Leave Conversion
Request forms to payroll no later than thirty(30) calendar days following the end of the consecutive
three (3)month period for which they are seeking conversion.
Except for the use of OFLA/FMLA leave, and the first forty(40)hours of sick leave protected
annually under Oregon's Sick Leave Law, any use of unscheduled absence from work, including
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July 1, 2023 —June 30, 2026 Page 14
absences for doctor's appointments,to attend a child's school appointment, funerals, etc.,makes an
employee ineligible to make the conversion for the period in which the leave occurs. An unscheduled
absence is defined as an absence for which the employee has either failed to report to work or remain
at work as scheduled, without a leave request having been submitted at least two (2)weeks in
advance of the requested leave.
ARTICLE 16
Employee Insurance Benefits
16.1 All eligible employees will be provided with Life,ADD and Disability benefit coverage at
the City's cost as follows:
A. Disability Insurance:
Tier One&Tier Two Members: This plan shall provide long-term disability coverage
up to $3,600/month after a ninety(90) day waiting period.
OPSRP Members: This plan shall provide long-term disability coverage up to
$6,000/month after a ninety- (90) day waiting period.
B. Life Insurance. This plan provides a term life insurance benefit in the amount of
$50,000 and shall include an accidental death and dismemberment benefit.
16.2 Medical and Dental. Effective July 1,2023
employees will pay 10%of the total medical and dental premium costs not to exceed$140 per
month. Premium costs for Aetna and Kaiser medical shall be based on tiered rates and premium costs
for Kaiser dental, and Delta dental shall be based on composite rates.
Medical Insurance. Employees may select either the City's PPO plan or the Kaiser plan.
The PPO plan shall be the equivalent of the alternative plan offered by Aetna Insurance.
Dental Insurance. This plan shall be substantially comparable to the dental insurance plan
currently offered by the City. At an employee's option, employees may select Kaiser
dental coverage.
16.3 The City established a Post Employment Health Plan(PEHP) for the employees covered by
this Agreement effective July 1, 2002. Contributions to individual employee PEHP accounts shall be
made in accordance with the terms of this Agreement, as authorized by Internal Revenue Code
Section 501(c) (9). The City currently contributes $100 per month for each employee covered by this
Agreement. Effective upon establishment of a Medical Expense Reimbursement Plan(MERP), the
City will cease making contributions to the PEHP, in lieu of making contributions to the MERP as
outlined in Article 16.4. In the event IRS tax law allows to roll over funds from the PEHP account to
the MERP,the City will close the PEHP account and redistribute the remaining funds into the
MERP.
16.4 Effective within ninety(90) calendar days of ratification, the City will establish a MERP.
Contributions to the MERP accounts shall be made in accordance with the terms of this Agreement,
as authorized by the Internal Revenue Code Section 105. Effective and retroactive to July 1, 2023,
the City will contribute $300 per month into the MERP for each employee covered by the
Agreement. Each employee covered by this Agreement upon ratification, shall receive any
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retroactive MERP contributions due less any monthly contribution made to the PEHP from July 1,
2023 until PEHP contributions ceased.
16.5 During the term of the Agreement, Local IAFF may establish a supplemental contribution
rate in each defined MERP group. Participation by employees covered under this Agreement shall be
mandatory. The defined MERP groups and applicable supplemental contribution rate shall be
determined by the Union and pursuant to a Memorandum of Understanding(MOU) signed by both
parties.
16.6 This Article shall be automatically reopened in the event the excise tax under the Affordable
Care Act will or may potentially be triggered, in accordance with Article 33 of this Agreement.
ARTICLE 17
Reimbursement of Books and Tuition
17.1 The City shall reimburse any Firefighter one-hundred percent(100%) of the cost of books
and tuition for any successfully completed academic course which is directly related to their job
classification,provided: the funds are available; the course has prior approval of the City Manager or
their designee; the course is completed with a 2.0, or"C", or better grade; the course books are
returned to the City as its property.
17.2 A stipulation for any tuition reimbursement is
that the benefited employee is required to continue employment with the City for a period of two (2)
years after completion of the course(s)provided. Voluntary separation from the City,prior to this
time period,will require that the employee return to the City a portion of the amount received. The
amount shall be deducted from the employee's final paycheck. The employee will be credited one-
twenty-fourth(1/24th) of the amount received for each month of completed service after completion
of the course for which reimbursement was made.
ARTICLE 18
Workers' Compensation
18.1 When an employee is absent from work because of an on-the-job injury, the time off will not
be charged to sick leave, except as provided in 18.2 below.
18.2 If eligible for time loss due to an on-the-job injury or occupational illness,the employee will
keep their time loss check and receive their regular paycheck and benefits for the period they are
receiving time loss payments. However, any time loss payments will be deducted from the
employee's paycheck and adjusted in the next available payroll cycle, or subsequent paychecks if the
employee's paychecks if the employee's paycheck is insufficient to permit recovery.
If an employee only wants to receive their Workers' Compensation time loss payments,they must
notify the Human Resources Department in writing.
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No sick leave will be deducted from the employee's accruals for one-hundred and eighty(180)
calendar days following the first day of absence due to the on-the-job injury or occupational illness
or aggravation or any such injury or illness.
The employee shall continue to accrue all benefits including sick leave,vacation accrual, and health
insurance. PERS will not be paid on any workers compensation wages.
18.3 After the one-hundred and eighty(180) calendar days, employees shall use available sick
leave payments in order to receive their regular gross wages. However, an employee's sick leave
bank shall be charged for only the differential between the employee's time loss payments and their
regular gross wages.
In the event an employee's time loss benefits end,but they are unable to return to work,that
employee may utilize full sick leave benefits in order to receive their regular gross wages.
In the event an employee's sick leave benefits are depleted,that employee shall use available
compensatory time,vacation pay, and holiday pay to receive their regular gross wages. In the event
an employee does not specify whether they prefer to utilize compensatory time or vacation pay,
compensatory time will be utilized first,then vacation and holiday pay.
Accrual of benefits shall continue as long as the employee is receiving Workers' Compensation time
loss payments or is receiving sick leave, holiday or vacation pay.
18.4 If an employee's workers' compensation claim is disputed, the employee will be eligible to
exercise the same options as outlined in Section 18.2 while the claim is in disputed status. In the
event the employee's injury or illness is determined to be non-compensable at any point in the
workers' compensation process,whether by the City's workers' compensation carrier or through a
workers' compensation proceeding, the employee shall, from that date,be treated as though they
suffered a non-compensable injury or illness and shall be eligible to draw full available sick leave
benefits. If the employee's sick leave benefits are depleted,the employee shall use available
compensatory time,vacation pay, and holiday pay. In the event an employee does not specify
whether they prefer to utilize compensatory time,vacation, or holiday pay, compensatory time will
be utilized first,then vacation and holiday pay.
18.5 In the event there is a final decision issued through the Workers' Compensation
Board or Oregon courts,reversing a previous determination that an employee's injury or illness was
or was not compensable,the employee's sick leave and other paid leave accounts will be adjusted to
reflect what they should have received in sick leave and other benefits pursuant to Section 18.2
above. Any such adjustment will not, however,permit an employee to receive the restoration of sick
leave or other paid leave benefits for any portion of an employee's time off for which they were
receiving time loss or disability insurance benefits. If the employee's sick leave and other paid leave
accounts are insufficient to allow the City to adjust for overpayments,the employee's sick leave
account will be adjusted to reflect a negative balance. The City will not,however reflect a negative
balance in the employee's other paid leave accounts or deduct from the employee's subsequent
paychecks to adjust for overpayments.
18.6 Alternate Duty. In the event of a duty related injury or illness, or an off duty illness or injury,
the City may assign reasonable Alternate Duty consistent with the employee's medical restrictions as
determined by their health care provider. In the event of one (1) or more employees are injured,
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July 1, 2023 —June 30, 2026 Page 17
priority will be given to duty related injury or illness. Alternate Duty is defined as any position
outside of their normal work.
In the event of being able to work less than full time on Alternate Duty as a result of their work
related injury or illness, no deduction of leave shall occur for the first one-hundred and eighty(180)
calendar days. While on Alternate Duty, employees required to seek treatment for their work related
injury or illness will be paid for such time so long as their claim is open or accepted. Employees on
Alternate Duty whose claim has been denied, is being appealed, or is closed will be required to use
sick leave. In the event an employee's sick leave benefits are depleted, that employee shall use
available compensatory time, vacation pay, and holiday pay to receive their regular gross wages.
Assignment to Alternate Duty will be in the Fire Department,however, if no alternate duty work is
available,the employee may be offered work in another City department.
Once cleared for regular duty, the employee shall have two (2) days off immediately preceding their
regular assignment.
Employees on Alternate Duty for longer than two (2)weeks shall have vacation and sick leave
accrual amounts remain at the employee's current rate divided by 1.2958. Once cleared for regular
duty,vacation and sick leave accrual amounts shall by multiplied by 1.2958.
Employees on Alternate Duty shall be able to use vacation and sick leave on an hour for hour basis
consistent with current leave policies, and will be eligible for all forty(40)hour holidays.
18.7 In the event that the procedure set forth in this Article is found to be in violation of state
statute or other law,the parties agree to meet to negotiate procedures that are in compliance with the
law.
ARTICLE 19
Incentive Pay
19.1 The City shall compensate employees who meet the necessary qualifications and
requirements:
Dive Team: The City shall recognize the assignment of Diver will be compensated at 6%per
month of top step FireFighter wages for those employees who meet the necessary qualifications and
requirements. The Dive Team shall consist of no less than twelve (12)members. All divers will
receive incentive pay after obtaining open water and dry suit certifications,ready level three (RL3).
All certifications must be provided and approved by an outside certifying organization as determined
by the Fire Chief. If the Dive Rescue Program is eliminated,the parties agree to meet and bargain
over the impact of such change.
Boat Team: The City shall recognize team members actively training for certification as Boat
Operator compensated at 3%per month of top step Firefighter. The City shall recognize members
actively training for certification as a Rescue Boat Operator or Certified as Rescue Boat Operator
will be compensated at 6%per month of top step firefighter wages. The Boat Team shall consist of
no less than twelve (12)members. Boat Operators must obtain a Boat Operators certificate and
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July 1, 2023 —June 30, 2026 Page 18
Rescue Boat Operators must obtain a Rescue Boat Operator certificate. All certificates must be
provided and approved by an outside certifying organization as determined by the Fire Chief. If the
Boat Team Program is eliminated,the parties agree to meet and bargain over the impact of such
change.
19.2 Deputy Fire Marshal incentive pay is as follows: Members with a two (2)year associate
degree in a fire science or prevention/holding the following certificates recognized by NFPA or the
equivalent DPSST certification of Inspector II, Public Information Officer,Public Fire and Life
Safety Educator III, Juvenile Fire Setter Specialist I and Fire Investigator, ICC or equivalent of
Commercial Plans Examiner, and Commercial Building Inspector are compensated 1%per
certification above the base wage in this classification for a total not to exceed 5%.
Prevention personnel under this Agreement are not eligible for EMT I,AEMT or Paramedic
incentive as detailed in Article 21.
19.3 In the event the City decides to begin offering transport services, Community Paramedic, or
Mobil Integrated Health(MIH), the City will provide written notice to the Association. The parties
will promptly commence expedited bargaining pursuant to the ninety(90) day period set forth in
ORS 243.698 for the purpose of determining whether employees who perform transport services
should be paid a premium.
ARTICLE 20
Investigator Standby Pay
20.1 The City may, at its discretion, require a
Deputy Fire Marshal to remain "On-Call" for a period of time. When the City requires an employee
to be "On-Call",the City shall compensate the employee with ten(10)hours of compensatory time
for each month while so assigned. Normally, a Deputy Fire Marshal will be assigned to a specific
depai tiuental shift for standby duties.
ARTICLE 21
Emergency Medical Technician Incentive-Pay
21.1 All firefighters must maintain a minimum certification level of EMT. No incentive above
the normal salary is paid for EMT certification.
The City has an interest in reducing the total number of Paramedics to a number that better reflects
the overall need, and instead require EMT certification. The City and Association agree to meet and
confer before making such changes.
21.2 Suppression personnel who have operated as a
Paramedic for twenty(20)years in the Fire Department and who desire to reduce their EMT
certification level may request approval from the Fire Chief Such requests will not be unreasonably
denied . However,under no circumstances will an employee be approved to reduce their level of
certification below an EMT.
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Collective Bargaining Agreement
July 1, 2023 —June 30, 2026 Page 19
21.3 Fire suppression personnel must maintain Paramedic certification level from their date of hire
as a minimum,with the exception of Section 21.2. Suppression personnel may be hired with a,
"condition of employment",that will allow a non-paramedic up to two (2)years to obtain
certification. The new hire must meet all other probationary requirements within the normal one (1)
year-period.
21.4 The City shall compensate employees who
have obtained and maintained an EMT I (intermediate) or an AEMT at the rate of 5% of their hourly
base pay rate, and Paramedic at the rate of 10% of their hourly base rate.
21.5 Company Officers certified to any EMT level will be paid at the same rate as Company
Officers certified to the Paramedic level.
ARTICLE 22
Uniforms and Equipment
22.1 The City shall continue the present practice of furnishing uniforms. The City shall continue
to furnish protective clothing, such as "turn-outs",helmets,boots and gloves,required in the
performance of fire-fighting duties.
ARTICLE 23
Discipline and Discharge
23.1 Discipline includes the following actions and shall be progressive in nature.
A. Written reprimand(only subject to Article 24 Step 3)
B. Suspension
C. Demotion
D Termination from Employment
The disciplinary process may be entered into at any step and the City may skip steps consistent with
just cause provisions.
23.2 All discipline shall be done in a manner which will not embarrass an employee before
another employee or the public.
23.3 In the event that employee is placed on paid administrative leave,they shall be available to
be interviewed,with sufficient notice, during regular business hours.
23.4 Disciplinary investigations shall be conducted without reasonable delay.
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Collective Bargaining Agreement
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23.5 For investigative interviews and hearings,the City may audio record interviews and hearings.
The City shall provide a complete recording to the Association.
23.6 In some instances, the City may need to collect information in order to determine if a
disciplinary investigation is appropriate. If the collection of above information leads to a formal
disciplinary interview, the employee and Association shall be immediately informed of the reason(s)
for initiating the investigation.
23.7 In the event the City is contemplating economic sanctions against an employee,the employee
will be afforded a due process meeting (Loudermill). Before the due process meeting,the employee
and the Association will be provided a statement of charges and relevant facts known to the City,the
policies potentially violated and economic sanctions being contemplated. A reasonable amount of
time will be allowed for the Association to research the charges.
23.8 Employees shall have the right to inspect their files are reasonable times. In the event that
any adverse information is included,the employee shall have the right to place in their file a
statement concerning such information.
23.9 Discipline and any response written by the employee shall be placed in the employee's
personnel file for a period not less than two (2)years from the date of the discipline. After two (2)
years, the employee may petition the Fire Chief to have the discipline and related responses removed
from the file. Provided there is no subsequent discipline over the same or similar issue during the
intervening period of time,the Fire Chief will review the situation and determine if the request can
be granted or if the discipline relates to an area requiring monitoring for a longer period of time for
the good of the City. If no subsequent discipline over the same or similar issue occurs after five(5)
years from the date of the discipline, the discipline and related responses will be removed from the
employee's file upon request.
23.10 Documentation which is outside the two (2)year parameter may be retained by the City in a
sealed separate file to comply with Oregon records retention laws. Such documentation may also be
used by the City in arbitration and civil proceedings for the purpose of establishing consistency of
disciplinary action, compliance with equal employment opportunity and other laws,notice of
expectations and the existence or absence of mitigating circumstances. Such documentation that has
been removed may not be used for subsequent discipline or as evidence in any subsequent
disciplinary proceedings against that employee,unless mutually agreed upon by the City and the
Association.
23.11 Grievance materials will be kept in a separate file. Access to this file will be by permission of
the Fire Chief or Human Resource Director.
23.12 The Article will not apply to Entry Level Firefighter as described in Article 27.1.
ARTICLE 24
Grievance Procedure
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24.1 It is the intention of the parties to this Agreement that all disputes involving the
interpretation, application or violation of contract language between said parties be settled by their
submission to the grievance procedure as hereinafter provided.
Step 1. After first attempting to resolve the grievance informally, the Association, or any employee
with notice to the Association, may claim a breach of this Agreement in writing to the employee's
immediate supervisor within fifteen(15) days from the occurrence thereof or of the employee's
knowledge thereof,whichever occurs later. The notice shall include:
A. A statement of the grievance and relevant facts;
B. Provision of the agreement violated; and
C. Remedy sought.
The supervisor shall respond to the grievance in writing within ten(10) days, with a copy to the
Association.
Step 2. If, after ten(10) days from the date of submission of the supervisor's response, the grievance
remains unresolved,the grievance may be submitted to the Fire Chief. The Chief may meet with the
aggrieved party,who may request representation at the hearing. The Chief shall respond to the
grievance in writing within five (5)days with a copy to the Association.
Step 3. If, after ten(10) days from the date of the Fire Chief's response,the grievance remains
unresolved, the grievance may be submitted to the City Manager or designee. The City Manager or
designee shall meet with the aggrieved party and Association representatives; and, following such
meeting, shall respond to the grievance in writing within five (5) days with a copy to the Association.
The meeting at this Step 3 shall take place prior to the written response required hereunder.
Step 4. If the grievance is not resolved within ten(10) days from the date the City Manager or
designee's written response is received by the employee and the Association, the Association shall
notify the City of its intent to arbitrate. The arbitrator shall be selected by mutual agreement of the
parties. If the parties cannot agree as to the arbitrator within ten(10) days,the arbitrator shall be
chosen in the following manner:
A. A list of five (5)members of the Employment Relations Board shall be requested and the
parties shall alternately strike one name from the list until only one is left. The Association
shall strike the first name. The remaining name shall be the arbitrator. One day will be
allowed for the striking of each name.
B. The arbitrator shall render a decision within thirty(30) days from the close of the hearing.
The decision of the arbitrator shall be binding on both parties.
C. The cost of the arbitrator shall be borne equally by the parties. Each party shall be
responsible for costs of presenting its own case to arbitration.
D. The powers of the arbitrator shall be limited to the interpretation and application of the
specific provisions of this Agreement and determining if it has been violated; and shall have
no authority or jurisdiction to add to, amend, modify or revise the agreement of the parties.
IAFF Local 1159
Collective Bargaining Agreement
July 1, 2023 —June 30, 2026 Page 22
E. The Association agrees that contract violation grievances shall be pursued either through the
grievance procedure or as an unfair labor practice,but not both.
Any time limits specified in the grievance procedure may be waived by mutual written consent of the
parties. Mutual consent via email is sufficient to comply. Failure to submit the grievance in
accordance with these time limits without such waiver shall constitute abandonment of the grievance.
Failure by the City to submit a reply within the specified time will automatically move the matter to
the next step in this procedure.
A grievance may be terminated at any time upon receipt of a signed statement from the Association
or the employee that the matter has been resolved.
For purposes of this Article, "days" shall mean Monday through Friday, during normal, City business
hours, excluding holidays.
ARTICLE 25
Nondiscrimination
25.1 The City agrees not to interfere with the rights of employees to become members of the
Association, and there shall be no discrimination, interference,restraint or coercion by the City or
City representatives against any employee solely because of Association membership or because of
any employee activity in an official capacity on behalf of the Association, or for any other cause,
provided such activity or other cause does not interfere with the effectiveness and efficiency of City
operations in carrying out its responsibilities to the public.
Neither the City nor the Association and its members shall discriminate against any employee
covered by this Agreement in a manner which would violate any applicable laws because of age,
marital status,race, color, sex, sexual orientation, disabilities, national origin, religion,political
affiliation or union affiliation or other protected status or activity in accordance with applicable law.
The Association shall share equally with the City the responsibility for applying the provisions of this
Article.
ARTICLE 26
Liability
26.1 The City shall indemnify and defend members of the bargaining unit against any tort claim
arising out of an alleged act or omission occurring in the performance of duty as required by ORS
30.285 and 30.287 (1977 replacement part).
ARTICLE 27
Seniority Clause
IAFF Local 1159
Collective Bargaining Agreement
July 1, 2023 —June 30, 2026 Page 23
27.1 Probationary Period. The probationary period will begin upon hire in a bargaining unit
position and will continue for twelve(12) full months after graduation from the Fire Academy.
During this period, a new employee may be discharged or disciplined in the sole discretion of the
City without any reason or cause being shown, and without recourse to the grievance procedure.
Newly promoted employees shall serve a twelve-(12)month promotional probationary period.
Employees who are serving a promotional probationary period may be returned to their former
classification in the sole discretion of the City,without any reason or cause being shown, and without
recourse to the grievance procedure. In that event, an employee who is returned to their former
classification shall retain their seniority in that classification and shall not be disciplined or
discharged without just cause.
27.2 Seniority Defined. Bargaining unit seniority is defined as length of continuous employment
in the bargaining unit since the last date of hire in a position represented by the Association.
Classification seniority is defined as length of continuous employment in a job classification. Time
spent on paid leaves, military leave, OFLA and/or FMLA leave whether paid or unpaid, and workers
compensation leave (including light duty) count as continuous service and will be included in
determining both bargaining unit and classification seniority. Time spent on light duty counts as
classification seniority in the position the employee held at the time of the on-the-job injury or
occupational illness. The time an employee is on layoff, serving in a position outside the bargaining
unit or on other unpaid leaves of absences will not count toward bargaining unit or classification
seniority. In the event two (2) or more employees have the same date of hire or length of service in a
classification,the City will designate seniority order.
27.3 Breaks in Seniority. Continuous service date shall be the date of initial appointment.
Continuous service and seniority shall be broken, and the employment relationship shall be severed
only by the following:
A. Resignation or retirement;
B. Discharge;
C. Unauthorized leave of absence or failure to return within the time specified from
authorized leave;
D. Layoff or absence from work due to off-the-job illness or off-the-job injury in excess
of thirty-six(36) consecutive months;
E. Declining a recall or failing to notify the City of intent to return to work pursuant to a
recall notice sent by certified mail to the last address provided to the City within
seven(7)business days of receipt or ten(10)business days of mailing,whichever is
greater;
F. Absence from work due to on-the-job injury or on-the-job illness after three(3)years
from date of original injury/diagnosis or otherwise in accordance with ORS
659A.043 and/or ORS 659A.046;
G. Failure to return from military leave in accordance with applicable law.
27.4 Layoff. In the event it becomes necessary to lay off employees for any reason, employees in
the RFR program will be terminated before any regular bargaining unit members are laid off and do
not have bumping or recall rights. Thereafter, employees shall be subject to layoff as follows:
employees serving their initial probationary period shall be laid off first, followed by regular(non-
probationary) employees in the ascending order of their classification seniority(bottom to top) in the
affected job classification.
IAFF Local 1159
Collective Bargaining Agreement
July 1, 2023 —June 30, 2026 Page 24
27.5 Bumping. An employee subject to layoff shall be entitled to bump the lowest seniority
employee in a lower classification if previously occupied by the employee,provided that the
employee who is seeking bumping has more bargaining unit seniority than that employee. The
employee electing to bump to a lower job classification must be qualified to perform the work of the
employee they seeks to bump as determined by the City and must exercise their bumping rights in
writing to the Human Resources Department within seven(7)business days of receipt of the layoff
notice.
27.6 Recall. An employee who has been laid off shall have recall rights for any subsequent
vacancy based upon seniority within the job classification they occupied when laid off or any lower
classification they are qualified to perform for a period of thirty-six(36)months from date of layoff,
provided the employee meets the qualifications for the position as determined by the City. Recall
shall be in the descending order(top to bottom) of bargaining unit seniority possessed at the time of
layoff prior to hiring any new employees.
27.7 Outside Unit Bumping. Employees outside of the bargaining unit who have been notified of
layoff shall be entitled to "bump"back into bargaining unit position they have previously held within
the first five (5)years of promotion. Bumping shall be on the basis of the seniority the employee had
in the job classification they are seeking to bump into at the time of promotion. Any such bumping
must be exercised in accordance with Article 27.5 above.
ARTICLE 28
Deferred Compensation
28.1 All Employees may contribute to a deferred compensation plan established by the City as a
part of their retirement plan.
ARTICLE 29
Amendment and Closure Clause
29.1 This Agreement is subject to amendment, alteration or addition only by subsequent written
agreement between, and executed by, the City and the Association.
ARTICLE 30
Funding Clause
30.1 The City agrees to budget all monies necessary to fund this Agreement. However, in the
event the City is unable to fund the economic requirements of this Agreement due to voter
disapproval and/or legislative changes, the parties agree to reopen negotiations.
ARTICLE 31
IAFF Local 1159
Collective Bargaining Agreement
July 1, 2023 —June 30, 2026 Page 25
Savings Clause
31.1 Should any portion of this Agreement or supplement be determined, by the Supreme Court,
or other court of appropriate final jurisdiction,to be in violation of any state or federal law or should
any portion of this Agreement be in violation of a state or federal law or regulation which is enacted,
then such portion or portions shall become null and void, and the balance of this Agreement will
remain in effect. Both parties agree to immediately renegotiate any part of this Agreement found to
be in violation of law to bring it into conformance in accordance with ORS 243.698.
ARTICLE 32
Military Leave
32.1 The City will provide military leave consistent with applicable law.
32.2 Employees who have worked for the City for six(6)months or more are eligible to receive
pay for up to fifteen(15)consecutive days of absence in any federal fiscal year(October Pt through
September 30th)due to military leave.
32.3 Employees are paid only for their regular scheduled work days during the fifteen(15) day
period.
32.4 Fifty-two (51.83)hour employees are entitled to a maximum of five (5)twenty-four(24)
hour shifts (120 hours) of military leave in any one (1) federal fiscal year. Employees may utilize the
available military leave in split blocks of time.
32.5 Employees requesting military leave must provide notice of their obligation or intention to
perform service in the uniformed services,unless notice is precluded by military necessity or is
otherwise unreasonable or impossible. Failure to do so may result in the loss of re-employment
rights.
ARTICLE 33
Term of Agreement
33.1 This Agreement shall be effective the first day of July 2023, and shall remain in full force
and effect until June 30, 2026. In the event the insurance and insurance related benefits provided
under Article 16 trigger the excise tax under the Affordable Care Act or there is any potential that the
tax will be triggered, the parties agree to automatically reopen Article 16.
33.2 This Agreement shall automatically be reopened on December 1,2025.
CITY OF LAKE OSWEGO LAKE OSWEGO MEMBERS OF
LOCAL NO. 1159, INTERNATIONAL
ASSOCIATION OF FIREFIGHTERS
By By
IAFF Local 1159
Collective Bargaining Agreement
July 1, 2023 —June 30, 2026 Page 26
Martha Bennett Mark Oelschlager
City Manager
By
Cody Grimm
By
Toby Hays
By
Jon Isbell
IAFF Local 1159
Collective Bargaining Agreement
July 1, 2023 —June 30, 2026 Page 27
APPENDIX A
DRUG AND ALCOHOL POLICY
This Appendix is hereby incorporated into the Agreement between the City of Lake Oswego and
IAFF Local 1159.
The City of Lake Oswego and the IAFF Local 1159 recognize a responsibility to the citizens of Lake
Oswego to maintain a safe and productive working environment. Consistent with this commitment,
the City and the Local have agreed to this Drug and Alcohol Policy.
IT IS UNDERSTOOD AND AGREED THAT THE REFERENCES TO DISCIPLINE AND
DISCHARGE SET FORTH IN THIS POLICY AND THE REHABILITATION AND
RETURN TO WORK AGREEMENT ARE NOT INTENDED TO SUPERSEDE "JUST
CAUSE"OBLIGATIONS.
PURPOSE:
It is the mission of the Lake Oswego Fire Department to enhance public safety through the use of a
reasonable employee drug testing program and the enforcement of rules prohibiting the consumption
of alcohol or use of drugs which interferes with this mission.
To ensure the integrity of the City's fire and emergency medical response system and preserve public
trust and confidence in an alcohol/drug free service, the City has adopted the following rules and
procedures:
PROHIBITED CONDUCT:
The following conduct is strictly prohibited:
1. Buying, selling, consuming, distributing or possessing drugs or alcohol during working
hours, including rest and meal periods.
2. Reporting for work or returning to duty under the influence of alcohol or drugs. For the
purpose of this Policy, an employee is considered to be "under the influence" of alcohol if
their blood or breath tests is 0.02 g/210 L BrAC or higher. An employee is considered to be
"under the influence" of drugs if the employee tests positive according to the thresholds set
forth in Attachment A and the Mandatory Guidelines for Federal Workplace Drug Testing
Program for having such substances present in their body.
To ensure compliance with this Policy and safety standards, employees who have consumed
alcoholic beverages within eight (8) hours of responding to the callback or, for any reason,
believe they are impaired by alcohol are required to notify the supervisor upon being
contacted for callback.
3. Failing to promptly report arrests, convictions and/or plea-bargains for an alcohol or drug-
related criminal offense to the Fire Chief or their designee, irrespective of the jurisdiction
IAFF Local 1159
Collective Bargaining Agreement
July 1, 2023 —June 30, 2026 Page 28
where such action was taken. Failure to notify the Fire Chief or their designee within forty-
eight (48) hours of any restriction, suspension, or loss of their driver's license, either
temporarily or permanently, due to drugs or alcohol for those employees whose job requires
them to maintain a valid Driver's License. In no instance shall an employee return to work
prior to notification to the Chief or their designee.
4. Failing to comply with City directives regarding enforcement of this Policy, including but not
limited to refusing to promptly submit to required testing; giving false, diluted or altered
samples; obstructing the testing process; failing to comply with rehabilitation conditions
imposed by the City or rehabilitation counselors pursuant to this Policy.
5. Failure to disclose use of over-the-counter or prescribed medication containing controlled
substance, as required,below.
For the purpose of this Policy, "drugs" include, but are not limited to the following controlled
substances as outlined in Attachment A: opioids, cocaine, marijuana (THC), phencyclidine (PCP),
amphetamines/methamphetamines and barbiturates. However, "drugs" does not include prescription
and over-the-counter medications that are lawfully prescribed and used in a manner consistent with a
physician's instructions and/or medication warnings.
Employees who engage in any prohibited conduct will be subject to discipline, including discharge.
MEDICAL MARIJUANA
In addition to the above, employees must comply at all times with all federal and state statutes and
regulations regarding the illegal use of drugs. It is important to note that marijuana is an illegal drug
under the federal Controlled Substances Act, which means that it has no acceptable medical use
under federal law. Therefore, any on or off duty use of marijuana which is inconsistent with the
"prohibited conduct" listed above will be considered a violation of this policy, even if an employee
has an authorization for the use of marijuana under the Oregon Medical Marijuana Act. However,
employees who are using marijuana in compliance with a medical marijuana card will not
automatically be subject to termination of employment. Instead, such employees are required to
disclose any use which would constitute "prohibited conduct." If the City determines that the
employee using medical marijuana is disabled under applicable disability discrimination statutes, the
employee will be asked to enter into an interactive discussion with designated representative(s) to
determine whether a reasonable accommodation can be made that would allow the employee to
continue to be employed without violating standards.
DISCLOSURE OF MEDICATIONS:
Employees are responsible for consulting with their physicians and carefully reviewing medication
warnings, including any warnings pertinent to the effects of use of a combination of medications.
Employees who are using over-the-counter or prescribed medications which have any reported side
effects that could reasonably affect their ability to safely perform all essential job duties must notify
their supervisor of the substance taken and its side effects before reporting for work. Medical
verification of ability to safely perform job duties may be required before the employee is allowed to
continue their job assignment. Employees are eligible to utilize sick leave benefits pending receipt of
acceptable verification.
IAFF Local 1159
Collective Bargaining Agreement
July 1, 2023 —June 30, 2026 Page 29
Although the use of prescribed and over-the-counter medication as part of a medical treatment
program is not grounds for disciplinary action, failure to fully disclose the use of substances which
could reasonably impair the safe performance of essential job duties, illegally obtaining the substance
or use which is inconsistent with prescriptions or labels will subject an employee to disciplinary
action.
EMPLOYEE TESTING:
Employees will be required to undergo drug and/or alcohol testing as a condition of continued
employment in order to ascertain prohibited drug use, as provided below:
1. Reasonable Suspicion
A supervisor or manager may order an employee to immediately submit to a urine
test for drugs and/or a breath test for alcohol whenever the City has reasonable
suspicion to believe that the employee has violated the provisions of this Policy
concerning reporting to work or being at work "under the influence" of drugs or
alcohol. The supervisor or manager will always consult a second supervisor or
manager for the purpose of corroborating reasonable suspicion.
In the case of an employee who has reasonable suspicion that their supervisor or
manager or any other supervisor or manager may have violated provisions of this
Policy, the employee will report their concerns and/or observations to the next level
in the chain of command above that of the supervisor or manager who the employee
suspects of violating this policy. If such a report is not practical,the employee should
contact the Director of Human Resources.
"Reasonable suspicion" shall be defined as suspicion based on articulated
observations concerning the appearance, unusual behavior, speech, breath odor, body
symptoms or other reliable indicators that an employee has consumed drugs and/or
alcohol in violation of this Policy.
2. Rehabilitation Treatment
Where testing is required pursuant to a Rehabilitation and Return to Work Agreement
imposed by the City or an employee's rehabilitation counselors, individualized
suspicion-less testing may be required as outlined in that Agreement.
Urine testing will be conducted for all types of drug testing and breath test will be
conducted for all types of alcohol testing.
TESTING PROCEDURES:
The testing will be conducted at a laboratory certified by the US Department of Health and Human
Services (HHS) and shall be conducted in accordance with the standards for procedural safeguards
IAFF Local 1159
Collective Bargaining Agreement
July 1, 2023 —June 30, 2026 Page 30
and testing integrity disseminated by the HHS . All drug tests will be conducted through collection
of a split sample. All positive drug tests will be confirmed by a second confirming test from the
same sample before the test result is reported as a positive to the Medical Review Officer. Individuals
with positive tests will have an opportunity to discuss the results with the Medical Review Officer
before the result is reported to the City. The City shall pay for such testing.
An employee who tests positive for drugs may notify the Medical Review Officer and request a test
of the remaining portion of the urine sample (the split sample) within five (5) business days of
notification of a positive test result. The cost of the split sample/retesting will be borne by the
employee. In the event the split test result is negative, the employee shall be reimbursed for the cost
of the split test.
Whenever there is a reason to believe that the employee may have altered or substituted the specimen
to be provided or the initial test was not determinative, a second specimen may be obtained
immediately,using testing procedures deemed appropriate by the testing laboratory personnel.
All records pertaining to City required drug and alcohol tests, as well as compliance with
rehabilitation terms shall remain confidential, and shall not be released, except on a need to know
basis, in accordance with applicable law. All documents pertaining to testing and test results will be
maintained in employee medical,not personnel, files.
Either party may notify the other, in writing, of changes in testing thresholds or best testing practices.
The parties shall consult to ensure the Drug and Alcohol Policy complies with such changes.
CONSEQUENCES OF VIOLATIONS:
1. EMPLOYEES WHO REPORT DEPENDENCIES AND SEEK ASSISTANCE
BEFORE COMMITTING A POLICY VIOLATION—REHABILITATION.
The City encourages employees who have drug and/or alcohol dependencies or think
they may have such dependencies to seek assistance voluntarily and place a strong
emphasis on rehabilitation as opposed to disciplinary action. When an employee
voluntarily reports a drug or alcohol dependency to their supervisor or the Fire Chief
and seeks assistance before violating this Policy, that employee will be placed on a
leave of absence or adjusted working hours to allow for in-patient or out-patient
rehabilitation treatment as recommended by a licensed or certified substance abuse
counselor.
The employee will not be permitted to work until such time as a licensed or certified
substance abuse counselor agrees they:
a. Has been evaluated by a licensed or certified substance abuse counselor; and
b. If recommended by a licensed or certified substance abuse counselor, has
complied with all-rehabilitation/after-care prescribed; and
IAFF Local 1159
Collective Bargaining Agreement
July 1, 2023 —June 30, 2026 Page 31
c. Has a verified negative drug or alcohol test(as applicable).
In order to return to work for the City, an employee seeking assistance must agree to
all treatment, rehabilitation, after-care and follow-up testing as set forth in a written
Rehabilitation and Return to Work Agreement required by the City. Any employee
who violates the terms of the Agreement is subject to disciplinary action up to and
including immediate termination.
The time an employee is off work undergoing rehabilitation is unpaid. However,
employees may draw their unused, accumulated sick leave, vacation pay or holiday
pay or donated leave bank in accordance with Appendix D. Also, employees who are
receiving health insurance coverage will be eligible for continuation of health
insurance benefits through the end of the month in which their paid leave is depleted.
2. EMPLOYEES WHO REPORT DEPENDENCIES AND SEEK TREATMENT
AFTER COMMITTING A POLICY VIOLATION.
Employees who notify their supervisor or the Fire Chief or of drug or alcohol
dependencies after violating this Policy are subject to discipline up to and including
discharge, irrespective of such dependencies.
The City may however, at its discretion, allow an employee to undergo evaluation
and rehabilitation in lieu of discipline and discharge,provided the employee promptly
complies with the terms and conditions set forth in Consequences of Violations,
Section 1. above. The City will consider the following factors in exercising its
discretion: the employee's length of service; the employee's work record, in
particular, whether the employee has committed a previous alcohol or drug policy
infraction; the consequences of the violation; any other circumstances offered by the
employee that mitigate against discharge.
IAFF Local 1159
Collective Bargaining Agreement
July 1, 2023 —June 30, 2026 Page 32
ATTACHMENT A
DRUG TESTING LEVELS
The following initial and confirmatory cutoff levels shall be used when screening specimens to
determine whether they are negative for the drugs or classes of drugs required for testing:
Initial test analyte Initial test cutoff' Confirmatory test analyte Confirmatory test cutoff concentration
Marijuana metabolites(THCA)2 50 ng/mL' THCA 15 ng/mL.
Cocaine metabolite(Benzoylecgonine) 150 ng/mL3 Benzoylecgonine 100 ng/mL.
•
Codeine/ Codeine 2000 ng/mL.
Morphine 2000 ng/mL Morphine 2000 ng/mL.
Hydrocodone/ Hydrocodone 100 ng/mL.
300 ng/mL
Hydromorphone Hydromorphone 100 ng/mL.
Oxycodone/ Oxycodone 100 ng/mL.
Oxymorphone 100 ng/mL Oxymorphone 100 ng/mL.
6-Acetylmorphine 10 ng/mL 6-Acetylmorphine 10 ng/mL.
Phencyclidine 25 ng/mL Phencyclidine 25 ng/mL.
Amphetamine/ Amphetamine 250 ng/mL.
500 ng/mL
Methamphetamine Methamphetamine 250 ng/mL.
MDMA'/MDA' 500 ng/mL MDMA 250 ng/mL.
MDA 250 ng/mL.
'For grouped analytes(i.e.,two or more analytes that are in the same drug class and have the same initial test cutoff):
Immunoassay:The test must be calibrated with one analyte from the group identified as the target analyte. The cross-reactivity of the immunoassay to the other
analyte(s)within the group must be 80 percent or greater;if not,separate immunoassays must be used for the analytes within the group.
Alternate technology:Either one analyte or all analytes from the group must be used for calibration,depending on the technology. At least one analyte within the
group must have a concentration equal to or greater than the initial test cutoff or,alternatively,the sum of the analytes present(i.e.,equal to or greater than the
laboratory's validated limit of quantification)must be equal to or greater than the initial test cutoff.
2An immunoassay must be calibrated with the target analyte,4-9-tetrahydrocannabinol-9-carboxylic acid(THCA).
3Altemate technology(THCA and Benzoylecgonine):When using an alternate technology initial test for the specific target analytes of THCA and Benzoylecgonine,
the laboratory must use the same cutoff for the initial and confirmatory tests(i.e.,15 ng/mL for THCA and 100ng/mL for Benzoylecgonine).
4Methylenedioxymethamphetamine(MDMA).
'Methylenedioxyamphetamine(MDA).
IAFF Local 1159
Collective Bargaining Agreement
July 1, 2023 —June 30, 2026 Page 33
City of Lake Oswego -07/01/2023 Compensation Plan Listing of IAFF Classifications(07/01/2023-06/30/2024)
Job Foot-
Grade ClassificationTitle Code Status note Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
201 Firefighter 3020 IAFF 2,6,7 Hourly 27.74 29.30 30.94 32.60 34.36 36.41
Semi-Monthly 3,115.48 3,290.68 3,474.87 3,661.31 3,858.97 4,089.21
Monthly(x2695.44/12) 6,230.96 6,581.36 6,949.74 7,322.62 7,717.94 8,178.42
Annually(x2695.44 hrs) 74,771.52 78,976.32 83,396.88 87,871.44 92,615.28 98,141.04
202 Firefighter- Intermediate Cert. 3021 IAFF 2,6,7,9 Hourly 29.13 30.77 32.49 34.23 36.08 38.23
Semi-Monthly 3,271.59 3,455.78 3,648.95 3,844.37 4,052.14 4,293.61
Monthly(x2695.44/12) 6,543.18 6,911.56 7,297.90 7,688.74 8,104.28 8,587.22
Annually(x2695.44 hrs) 78,518.16 82,938.72 87,574.80 92,264.88 97,251.36 103,046.64
204 Firefighter- Paramedic 3023 IAFF 2,6,7 Hourly 30.51 32.23 34.03 35.86 37.80 40.05
IAFF Semi-Monthly 3,426.58 3,619.75 3,821.91 4,027.44 4,245.32 4,498.02
Monthly(x2695.44/12) 6,853.16 7,239.50 7,643.82 8,054.88 8,490.64 8,996.04
Effective 7/1/2023 Annually(x2695.44 hrs) 82,237.92 86,874.00 91,725.84 96,658.56 101,887.68 107,952.48
205 Fire Driver Engineer 3035 IAFF 2,6,7,9 Hourly 30.08 31.70 33.55 35.31 37.27 39.31
Semi-Monthly 3,378.28 3,560.23 3,768.00 3,965.67 4,185.79 4,414.91
Monthly(x2695.44/12) 6,756.56 7,120.46 7,536.00 7,931.34 8,371.58 8,829.82
Annually(x2695.44 hrs) 81,078.72 85,445.52 90,432.00 95,176.08 100,458.96 105,957.84
206 Fire Driver Engr. - Interm Cert. 3036 IAFF 2,6,7,9 Hourly 31.58 33.29 35.23 37.08 39.13 41.28
Semi-Monthly 3,546.75 3,738.80 3,956.68 4,164.45 4,394.69 4,636.16
Monthly(x2695.44/12) 7,093.50 7,477.60 7,913.36 8,328.90 8,789.38 9,272.32
Annually(x2695.44 hrs) 85,122.00 89,731.20 94,960.32 99,946.80 105,472.56 111,267.84
208 Fire Driver Engineer- Paramedic 3038 IAFF 2,6,7 Hourly 33.09 34.87 36.91 38.84 41.00 43.24
Semi-Monthly 3,716.34 3,916.25 4,145.36 4,362.12 4,604.71 4,856.28
Monthly(x2695.44/12) 7,432.68 7,832.50 8,290.72 8,724.24 9,209.42 9,712.56
Annually(x2695.44 hrs) 89,192.16 93,990.00 99,488.64 104,690.88 110,513.04 116,550.72
210 Fire Lieutenant 3045 IAFF 2,6,7,9 Hourly 36.00 38.00 39.93 42.07 44.41 46.53
211 Fire Lieutenant- Interm Cert. 3046 IAFF 2,6,7,9 Semi-Monthly 4,043.16 4,267.78 4,484.54 4,724.88 4,987.69 5,225.78
213 Fire Lieutenant- Paramedic 3048 IAFF 2,6,7 (x2695.44/12) 8,086.32 8,535.56 8,969.08 9,449.76 9,975.38 10,451.56
Annually(x2695.44 hrs) 97,035.84 102,426.72 107,628.96 113,397.12 119,704.56 125,418.72
215 Deputy Fire Marshal 3050 IAFF 2 Hourly 44.36 46.61 48.95 51.41 53.98 56.78
Semi-Monthly 3,844.68 4,039.69 4,242.50 4,455.70 4,678.45 4,921.12
Monthly(x2080.08/12) 7,689.36 8,079.38 8,485.00 8,911.40 9,356.90 9,842.24
Annually(x2080.08 hrs) 92,272.32 96,952.56 101,820.00 106,936.80 112,282.80 118,106.88
217 EMS Coordinator 3053 IAFF 2 Hourly 48.96 51.41 53.98 56.67 59.52 62.48
Semi-Monthly 4,243.36 4,455.70 4,678.45 4,911.59 5,158.60 5,415.14
Monthly(x2080.08/12) 8,486.72 8,911.40 9,356.90 9,823.18 10,317.20 10,830.28
Annually(x2080.08 hrs) 101,840.64 106,936.80 112,282.80 117,878.16 123,806.40 129,963.36
Formula
The following formula was used to calculate salaries IAFF
Effective 7/1/2023
Totals Days/yr 365
Average shifts 121.67
FLSA Relief days/year 9.36
Shifts per year worked 112.31
Total hours per year 2,695.44
Average work week 51.8354
City of Lake Oswego -07/01/2024 Compensation Plan Listing of IAFF Classifications(07/01/2024-06/30/2025)
Job Foot-
Grade ClassificationTitle Code Status note Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
201 Firefighter 3020 IAFF 2,6,7 Hourly 28.71 30.33 32.02 33.74 35.56 37.68
Semi-Monthly 3,224.42 3,406.36 3,596.17 3,789.34 3,993.74 4,231.84
Monthly(x2695.44/12) 6,448.84 6,812.72 7,192.34 7,578.68 7,987.48 8,463.68
Annually(x2695.44 hrs) 77,386.08 81,752.64 86,308.08 90,944.16 95,849.76 101,564.16
202 Firefighter- Intermediate Cert. 3021 IAFF 2,6,7,9 Hourly 30.15 31.85 33.62 35.43 37.34 39.56
Semi-Monthly 3,386.15 3,577.07 3,775.86 3,979.14 4,193.66 4,442.98
Monthly(x2695.44/12) 6,772.30 7,154.14 7,551.72 7,958.28 8,387.32 8,885.96
Annually(x2695.44 hrs) 81,267.60 85,849.68 90,620.64 95,499.36 100,647.84 106,631.52
204 Firefighter- Paramedic 3023 IAFF 2,6,7 Hourly 31.58 33.36 35.22 37.11 39.12 41.45
IAFF Semi-Monthly 3,546.75 3,746.66 3,955.56 4,167.82 4,393.57 4,655.25
Monthly(x2695.44/12) 7,093.50 7,493.32 7,911.12 8,335.64 8,787.14 9,310.50
Effective 7/1/2024 Annually(x2695.44 hrs) 85,122.00 89,919.84 94,933.44 100,027.68 105,445.68 111,726.00
205 Fire Driver Engineer 3035 IAFF 2,6,7,9 Hourly 31.13 32.81 34.72 36.55 38.57 40.69
Semi-Monthly 3,496.21 3,684.89 3,899.40 4,104.93 4,331.80 4,569.89
Monthly(x2695.44/12) 6,992.42 7,369.78 7,798.80 8,209.86 8,663.60 9,139.78
Annually(x2695.44 hrs) 83,909.04 88,437.36 93,585.60 98,518.32 103,963.20 109,677.36
206 Fire Driver Engr. - Interm Cert. 3036 IAFF 2,6,7,9 Hourly 32.69 34.45 36.46 38.38 40.50 42.72
Semi-Monthly 3,671.41 3,869.08 4,094.82 4,310.46 4,548.56 4,797.88
Monthly(x2695.44/12) 7,342.82 7,738.16 8,189.64 8,620.92 9,097.12 9,595.76
Annually(x2695.44 hrs) 88,113.84 92,857.92 98,275.68 103,451.04 109,165.44 115,149.12
208 Fire Driver Engineer- Paramedic 3038 IAFF 2,6,7 Hourly 34.24 36.09 38.19 40.21 42.43 44.76
Semi-Monthly 3,845.49 4,053.27 4,289.12 4,515.99 4,765.31 5,027.00
Monthly(x2695.44/12) 7,690.98 8,106.54 8,578.24 9,031.98 9,530.62 10,054.00
Annually(x2695.44 hrs) 92,291.76 97,278.48 102,938.88 108,383.76 114,367.44 120,648.00
210 Fire Lieutenant 3045 IAFF 2,6,7,9 Hourly 37.26 39.33 41.33 43.54 45.96 48.16
211 Fire Lieutenant- Interm Cert. 3046 IAFF 2,6,7,9 Semi-Monthly 4,184.67 4,417.15 4,641.77 4,889.98 5,161.77 5,408.85
213 Fire Lieutenant- Paramedic 3048 IAFF 2,6,7 (x2695.44/12) 8,369.34 8,834.30 9,283.54 9,779.96 10,323.54 10,817.70
Annually(x2695.44 hrs) 100,432.08 106,011.60 111,402.48 117,359.52 123,882.48 129,812.40
215 Deputy Fire Marshal 3050 IAFF 2 Hourly 45.91 48.24 50.66 53.21 55.87 58.77
Semi-Monthly 3,979.02 4,180.96 4,390.70 4,611.71 4,842.25 5,093.60
Monthly(x2080.08/12) 7,958.04 8,361.92 8,781.40 9,223.42 9,684.50 10,187.20
Annually(x2080.08 hrs) 95,496.48 100,343.04 105,376.80 110,681.04 116,214.00 122,246.40
217 EMS Coordinator 3053 IAFF 2 Hourly 50.67 53.21 55.87 58.65 61.60 64.67
Semi-Monthly 4,391.57 4,611.71 4,842.25 5,083.20 5,338.87 5,604.95
Monthly(x2080.08/12) 8,783.14 9,223.42 9,684.50 10,166.40 10,677.74 11,209.90
Annually(x2080.08 hrs) 105,397.68 110,681.04 116,214.00 121,996.80 128,132.88 134,518.80
Formula
IAFF
The following formula was used to calculate salaries Effective 7/1/2024
Totals Days/yr 365
Average shifts 121.67
FLSA Relief days/year 9.36
Shifts per year worked 112.31
Total hours per year 2,695.44
Average work week 51.8354
APPENDIX C
Return from Retirement (RFR)
Both parties,realizing the advantages in retaining experienced employees mutually agree to the
following Return from Retirement program for bargaining unit members.
The member upon separation from the City for reasons of retirement is eligible to participate,upon
written request to the Fire Chief, in the Return from Retirement(RFR)program. To be eligible to
participate in the RFR program,the member must be in good standing with the Department at the
time of their retirement. A member in good standing is defined as a member that does not have any
disciplinary issues(s)under investigation, and is current on all department required certifications and
training. Upon mutual agreement, exceptions may be granted to a member from the defined members
in good standing due to unforeseen circumstances. For examples, long term injury, extended time off,
etc.
All provisions of the current Collective Bargaining Agreement will remain in full force, except for
the items listed in this MOU.
1. An eligible employee may participate in the RFR program for up to six(6) consecutive
months immediately following retirement from the City. The RFR member is an at-will
employee, and the Fire Chief may terminate an RFR member's employment at their sole
discretion subject to applicable employment law. The Fire Chief will consult with the Union
Shop Steward in the event of the decision to terminate an RFR member's employment,but
the Fire Chief makes the final decision. Any such termination cannot be challenged through
the grievance procedure. The RFR program will continue through the term of the contract.
2. The member shall work their regularly scheduled shift for the duration of the program. The
member is not eligible for call shifts and does not accrue or get paid vacation or holidays
during this time. The employee will receive only such benefits as are required by state and
federal law, including accrual of one (1)hour of sick leave for every thirty(30)hours
worked.
3. The RFR member continues to receive their regular hourly rate prior to separation,
including all incentives,to include all pay rate increases per Article 8.
4. The member is allowed up to three (3)non-pay days during their six(6)months of RFR.
Exceptions may be granted by the Fire Chief or their designee. Member shall follow all
current leave practices when requesting time off during the duration of the RFR.
5. The City will comply with applicable PERS law and regulations.
6. Medical insurance and dental insurance retiree premiums will be paid by the City during
the calendar months the employee is working.
7. Employees in the RFR program are considered members of the bargaining unit and may
continue membership in the Association or elect to authorize payment of Association dues
per Article 5 of the Agreement.
IAFF Local 1159
Collective Bargaining Agreement
July 1, 2023 —June 30, 2026 Page 38
8. In the event of any reduction in force,RFR employees will be laid off prior to any other
bargaining unit member. RFR program participants shall have no bumping or recall rights.
The order in which RFR members are laid off will be determined by the Fire Chief.
9. Before an employee can participate in the RFR program, all trade time obligations must be
satisfied. However, employees that are participating in the RFR program may trade time in
accordance with Article 12.
IAFF Local 1159
Collective Bargaining Agreement
July 1, 2023 —June 30, 2026 Page 39
APPENDIX D
Donated Leave Bank
This memorandum of understanding is created to document an agreement reached between the
parties regarding the creation and application of a Donated Leave Bank.
Employees may donate up to forty (40) hours of their accumulated vacation, holiday or
compensatory time per calendar year to a City administered Leave Bank. The Leave Bank is for use
by employees who have exhausted their sick leave and other paid leave accounts due to illness,
injury, or other medical conditions under the following conditions:
• Employees working fifty-two (51.83) hour workweeks wishing to donate leave must have a
minimum of one-hundred and twenty (120) hours of accumulated vacation, holiday, or
compensatory time in thier personal account after the donated hours are deducted.
• Employees working a forty (40) hour work week wishing to donate leave must have a
minimum of eighty (80) hours of accumulated vacation, holiday, or compensatory time in
their personal account after the donated hours are deducted.
The donating employee's leave is converted to money based on the donator's hourly rate of pay. The
dollar value of the donated leave is then deposited into the Leave Bank. The Leave Bank is
maintained by the City.
To be eligible to apply for donated leave from the bank, the employee must have a serious illness or
medical condition, or by caring for a family member with a serious medical condition that requires a
prolonged absence from work. The employee requesting the donated leave must not be receiving or
be eligible to receive long-term disability benefits.
Applications for donated leave must be made to the City in writing, and must describe the serious
illness or medical condition necessitating the leave. All applications for donated leave must be
approved by the City in advance.
Donated leave shall not be used to extend employment.
Employee requests for donated leave from the bank are limited to a maximum of:
• One-hundred and twenty (120) hours per request for employees working fifty-two (51.83)
hour workweek; or
• Eighty(80)hours per request for employees working a forty(40)hour work week.
The Donated Leave Bank program will expire upon implementation of Paid Leave Oregon. The
funds remaining in the leave donation bank at that time will be converted to vacation hours and
distributed, in an equal percentage,to the last five employees that contributed to the bank. The credit
to vacation will take place at the next available pay period.
IAFF Local 1159
Collective Bargaining Agreement
July 1, 2023 —June 30, 2026 Page 40
APPENDIX E
Training Officer Assignment
This Memorandum of Understanding is created to document an agreement reached between the
parties regarding the creation of a Fire Depai talent Training Officer assignment. The Training
Officer will be assigned to a normal forty(40)hour workweek or a variable work scheduled as
described in Article 7.3. An outline of the job responsibilities for this assignment is listed below and
may be updated, in accordance with the Public Employees Collective Bargaining Act(PECBA).
Selection of a Training Officer will be done through an open and competitive selection process as
determined by the Fire Chief. The parties agree that the initial assignment for the positing is for a
term of six(6)years, at which time the incumbent may apply for a second term of assignment through
an open competitive selection process as determined by the Fire Chief.
The City and the Union will objectively evaluate the effectiveness of the assignment after the end of
the second and fourth years to ensure the assignment meets the needs of the department.
Management reserves the right to discontinue the assignment at any time,based upon Fire
Department operational needs.
The parties agree that the Training Officer may work overtime on the line in any position for which
the Training Officer would normally be eligible and may compete in promotional processes while in
the assignment.
The parties agree that upon conclusion of the assignment,the Training Officer will return to the line
at the same level of certification that was maintained or achieved by the Training Officer.
The employee assigned as the Training Officer will receive 5% above the EMS Coordinator at Step
6,because the knowledge, skills, and abilities required to perform are unique and critical to the
overall success of the Fire Department.
Fire Training Officer Job Responsibilities
• Assess Fire Department training needs and develop a comprehensive Training Delivery Plan
• Provide logistical support for all Depai tinent Training
• Create an evaluation mechanism for Department Training to ensure training was received as
intended
• Manage the Department Training Calendar to ensure perishable skills are maintained,
advanced and specialized training is offered, and State and Federal mandates are met
• Maintain Certification Packets for Probationary Employees and support their completion
• Manage training records and reports as required by the State of Oregon
• Ensure uniformity in core skills performance by conducting core evolutions or by supporting
Battalion Chief Drills
• Facilitate the creation of Fire and Rescue Protocols to ensure uniformity in tasks performed
• Lead or support the implementation of strategies and tactics that are new to the Department
• Ensure recordkeeping is completed for training activities
• Assist in the coordination of After Action Reviews
IAFF Local 1159
Collective Bargaining Agreement
July 1, 2023 —June 30, 2026 Page 41
• Maintain contact with line personnel and solicit ongoing feedback to ensure ongoing training
needs are met
• Supervise the EMS Coordinator
• Facilitate or assist in all Probationary Evaluations and counsel probationary employees as
needed
• Facilitate or conduct Firefighter Training Academies
• Ensure consistency of basic firefighting skills and tasks
• Teach Department Training Courses
• Facilitate outside training requests
• Assist in conducting promotional processes
• Coordinate specialized training using outside instructors
• Support Station based training
• Participate on the QI Committee
• Develop regional relationships and attend local/regional meetings
• Assist in Department hiring
• Conduct research and identify best practices
• Manage the care and maintenance of training grounds, training room, and props.
• Attend conferences, specialized schools, seminars and other training functions to keep
abreast of new developments in Emergency Medical Services, firefighting, fire prevention,
and fire training.
• Respond to emergency incidents when necessary and assume or assist with incident scene
functions as needed.
IAFF Local 1159
Collective Bargaining Agreement
July 1, 2023 —June 30, 2026 Page 42