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Table of Contents
Preamble ..................................................................................................................1
Article 1 Recognition..............................................................................................................1
Article 2 Payroll Deductions...................................................................................................1
Article 3 No Discrimination....................................................................................................1
Article 4 Management Rights .................................................................................................2
Article 5 No Strike – No Lock Out .........................................................................................2
Article 6 Prevailing Practices..................................................................................................3
Present Practices ..................................................................................................3
Approval ..............................................................................................................3
Furnishings...........................................................................................................3
Article 7 Work Rules ..............................................................................................................3
Article 8 Leaves and Time Off From Duty for Union Business.............................................4
Notice, Number and Duration..............................................................................4
City Business Meetings .......................................................................................4
Union Meetings....................................................................................................4
Trading Time .......................................................................................................4
Legislative Lobbying ...........................................................................................5
Article 9 Safety, Health and Welfare ......................................................................................5
City Responsibility ..............................................................................................5
Employee Responsibility......................................................................................5
Safety Committee.................................................................................................6
Drug Testing ........................................................................................................6
Article 10 Transfer Privileges...................................................................................................6
Article 11 Evaluation Procedures .............................................................................................6
Article 12 Grievance Procedure................................................................................................7
Procedures............................................................................................................7
Limitations ...........................................................................................................8
Union Stewards....................................................................................................8
Article 13 Hours of Work .........................................................................................................9
Article 14 Holidays ...................................................................................................................9
Days .....................................................................................................................9
Eligibility ...........................................................................................................10
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Holidays Occurring on Weekends .....................................................................10
Additional Christmas Holiday ...........................................................................10
Holidays Occurring During Leaves of Absence ................................................10
Holidays for Shift Workers................................................................................10
Holidays for Shift Employees Working an Average of Fifty-Three Hours
Per Week..........................................................................................................10
Personal Time Set Aside....................................................................................10
Article 15 Vacation .................................................................................................................11
Eligibility ...........................................................................................................11
Accrual...............................................................................................................11
Administration ...................................................................................................12
Article 16 Leaves ....................................................................................................................13
Leaves for Military Service ...............................................................................13
Jury, Duty, Conferences and Other Meetings....................................................13
Leaves of Absence .............................................................................................13
Absence Without Leave.....................................................................................14
Article 17 Sick Leave..............................................................................................................14
Eligibility ...........................................................................................................14
Accrual...............................................................................................................14
Use .....................................................................................................................15
Administration....................................................................................................15
Separation ..........................................................................................................16
Article 18 Injury Leave ("J" Time) .........................................................................................16
Article 19 Physical Fitness......................................................................................................16
Article 20 Training and Career Development.........................................................................17
Employee Training.............................................................................................17
Employee Education ..........................................................................................17
Training on New Processes................................................................................18
Special Compensation........................................................................................19
Article 21 Seniority.................................................................................................................19
Article 22 Reduction in Force.................................................................................................19
Article 23 Clothing Provision .................................................................................................19
Article 24 Use of Bulletin Boards...........................................................................................20
Article 25 Insurance................................................................................................................20
Life.....................................................................................................................20
Health and Medical............................................................................................20
Preferred Provider Option......................................................................................20
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H.M.O. .............................................................................................................21
Dental.................................................................................................................21
Surviving Spouse ...............................................................................................22
Article 26 Wages.....................................................................................................................22
Compensation ....................................................................................................22
Within Grade Salary Increases ..........................................................................22
Transfer Pay .......................................................................................................23
Promotion Pay....................................................................................................23
Reporting Pay ....................................................................................................23
Witness Pay........................................................................................................23
Hazardous Materials Assignment Pay ...............................................................23
Fire Specialist Certification Incentive Pay (Senior Firefighter) ........................23
Paramedic Pay....................................................................................................24
Pager Pay ...........................................................................................................24
Article 27 Deferred Compensation .........................................................................................24
Article 28 Longevity Pay ........................................................................................................24
Continuous Service ............................................................................................24
Amount of Payment ...........................................................................................25
Article 29 Overtime Pay and Compensatory Time Off ..........................................................25
Fifty-Three Hour Employees .............................................................................25
Administration ...................................................................................................25
Article 30 Temporary Upgrade ...............................................................................................26
Article 31 Appendices.............................................................................................................26
Appendix A........................................................................................................26
Appendix B ........................................................................................................26
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Article 31A Maintenance of Standard .......................................................................................27
Article 31B ICMA-RC Vantage RHS Plan …………………………………………………...27
Article 32 Savings Clause.......................................................................................................27
Article 33 Duration of Agreement ..........................................................................................27
Article 34 Complete Agreement and Waiver of Bargaining...................................................28
City of Des Moines and
DM Assoc. of Professional Fire Fighters, Local No. 4
July 1, 2005 through June 30, 2008
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Preamble
This Memorandum of Understanding entered into by the City of Des Moines, Iowa, hereinafter referred to as
the "City" and the Des Moines Association of Professional Fire Fighters, Local No. 4 of the International
Association of Fire Fighters AFL-CIO, hereinafter referred to as the "Union, " has as its purpose the promotion
of harmonious and cooperative relations between the City and the Union.
Article 1
Recognition
The City does hereby recognize the Union during the term of this Agreement as exclusive bargaining agent for
all employees of the City included in the "Unit Classification" as listed in Appendix "A" of this document.
Article 2
Payroll Deductions
Any employee may authorize deductions from his/her pay for the following purposes: 1) Credit Union; 2)
Savings Bonds; 3) United Campaign Fund; 4) Union Dues; and 5) any other which may be mutually agreed to.
The amounts deducted for any one type of deduction may be changed no more than once each 6 months.
Authorizations must be signed by the employee and filed with the City. Dues deductions shall be forwarded to
the Union Treasurer as soon as practical. Such authorizations may be revoked by the employees upon thirty
(30) days written notice to the City and the Union Financial Secretary.
The Union agrees to indemnify and hold the City harmless against any and all claims, suits, orders or judgments
brought or filed against the City as a result of any action taken or not taken by the City in accordance with the
provisions of this article.
Article 3
No Discrimination
The City agrees not to discriminate against any employee for his/her activity on behalf of, or membership in the
Union, and no employee shall be required or induced to resign his/her membership in the Union in order to be
promoted to any rank of the Fire Department below that of Fire Chief.
In accordance with the City of Des Moines Equal Opportunity Policy Statement and City ordinances, applicable
state and federal laws, the Union and the City agree not to discriminate against any employee on the basis of
race, ethnicity, color, age, religion, sex, sexual orientation national origin, and physical and mental disability.
Disputes concerning this paragraph shall not be processed through the Grievance Procedure in this Agreement,
but shall be resolved through other appropriate procedures such as the City's Internal Complaint Procedure, the
Des Moines Human Rights Commission or the Iowa Civil Rights Commission.
City of Des Moines and
DM Assoc. of Professional Fire Fighters, Local No. 4
July 1, 2005 through June 30, 2008
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Article 4
Management Rights
Except as specifically modified by this Agreement, the employee shall have, in addition to all powers, duties
and rights established by constitutional provision, statute, ordinance, charter or special act, the exclusive
power, duty and the right to:
1. Direct the work of its employees
2. Hire, promote, demote, transfer, assign and retain employees in positions within the agency
3. Suspend or discharge employees for proper cause
4. Maintain the efficiency of governmental operations
5. Relieve the employees from duty because of lack of work or other legitimate reasons
6. Determine and implement methods, means, assignments and personnel by which City operations
are to be conducted
7. Take such actions as may be necessary to carry out the mission of the City government
8. Initiate, prepare, certify and administer its budget
9. Exercise all powers and duties granted to the City by law
Article 5
No Strike – No Lock Out
Neither the Union, its officers or agents, nor any employee will directly or indirectly induce, instigate,
encourage, authorize, ratify, or participate in any strike against the employer. A strike is defined as an
employee's refusal, in concerted action with others, to report to duty, or to be willfully absent from work, or the
stoppage of work, or the abstinence in whole or in part from the full, faithful and proper performance of the
duties of employment, for purpose of inducing, influencing, or coercing a change in the conditions,
compensation, rights, privileges, or obligations of employment.
The employer will not engage in any "lock-out" activity of the employees in this unit during the term of this
Agreement. The City shall not contract with any private services for fire or rescue coverage in any incorporated
area in the city.
City of Des Moines and
DM Assoc. of Professional Fire Fighters, Local No. 4
July 1, 2005 through June 30, 2008
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Article 6
Prevailing Practices
Section A. Present Practices
It is agreed that present practices regarding the following specific conditions and benefits shall be continued in
accordance with current departmental rules and regulations for the duration of this Agreement.
1. Washing, waxing and parking of personal vehicles
2. Meal periods and morning and afternoon breaks
3. Extension telephones
4. Recreational facilities and library and study materials
5. Visitation rights
6. Vending Machines
7. Vacation selection
Section B. Approval
The following practices will be continued. However, it should be noted that they are at the discretion of and
require specific approval by the Fire Chief or his/her designated representative.
1. Use of public address systems
2. Fire Prevention Week activities
3. Use of department uniform for public relations activities
4. Use of fire stations for union business and/or meetings
5. Starting of personal vehicles in winter weather
Section C. Furnishings
The City will provide necessary and appropriate furniture, furnishings and housewares at each fire station and
maintain such items in reasonable condition. Decisions regarding purchase and/or replacement of these items
shall be at the discretion of the Fire Chief and not subject to the grievance procedure.
Article 7
Work Rules
The Chief may from time to time adopt and publish changes in existing department work rules. Such new or
changed rules shall be published in advance of the effective date whenever practicable. Upon the written
request of the Union, the Chief will discuss such changes with appropriate Union representatives. Any
disagreement as to the reasonableness of such changes or rules shall be resolved through the regular grievance
procedure, except that such grievances may be initiated at Step III of the procedure.
City of Des Moines and
DM Assoc. of Professional Fire Fighters, Local No. 4
July 1, 2005 through June 30, 2008
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Article 8
Leaves and Time Off From Duty for Union Business
Section A. Notice, Number and Duration
Upon two (2) calendar weeks prior written notice to the Fire Chief, up to a maximum, depending on the time
needed in accordance with meeting dates and plans, of five (5) employees in any one year shall be granted a
maximum of two (2) twenty-four hour duty days or three (3) eight-hour duty days leave of absence per
employee with pay to attend the Union's State Convention; upon such notice, a maximum of three (3)
employees in any one year shall be granted a maximum of three (3) twenty-four hour duty days (if required for
travel) or five (5) eight-hour duty days leave of absence per employee with pay to attend the Union's
International Convention and the Redmond Symposium (Safety Conference).
Section B. City Business Meetings
Employees participating in negotiating sessions with the City on behalf of the Union, and employees required to
attend employee meetings called by the Fire Chief or City, shall suffer no loss in their regular wages nor their
overtime wages for such time. The time spent in preparation and planning for such meetings shall be on the
employees own time. If the Negotiation Committee is comprised of members from different divisions, the
members will be allowed to attend without suffering any wage loss to include overtime.
Employees serving on the Department Safety Committee shall suffer no loss in their wages for time spent on
normal committee activities.
Section C. Union Meetings
The Union President, Recording Secretary, Treasurer, or designated representative shall be given time off from
duty to conduct Union meetings. Such time with pay shall not exceed five (5) hours per calendar month per
employee. All time shall be considered as time worked for pay purposes.
Section D. Trading Time
Any employee shall be granted leave with pay for any day, days or partial days on which he/she is able to
secure another employee to work in his/her position provided:
1. Such substitution does not impose any additional cost on the City.
2. Such substitution is requested in the proper manner and approved by the District Chief.
3. The Fire Department is not held responsible for enforcing any agreement between the
employees. Substitutions otherwise compensated for shall be limited to no more than six (6) per
employee per year.
City of Des Moines and
DM Assoc. of Professional Fire Fighters, Local No. 4
July 1, 2005 through June 30, 2008
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.
4 Trades shall be eligible for temporary upgrade pay for the employee who actually worked in the
upgrade position. Such upgrade shall come from the appropriate pay range assigned to the
upgrade position.
5 Employees must trade with other employees of equal rank except that Captains may trade with
Lieutenants, and Lieutenants with Captains or Engineers; and Captains on a current promotional
Civil Service list for District Chiefs may trade with District Chiefs. Senior Medics and Medics
may also trade with others who possess equal or greater state certifications including trades
between Senior Medics and Lieutenants. Engineers may trade with members who have
successfully completed the Fire Engineer-Driver's Certification Test. All positions may trade
with personnel on a current promotional civil service list for their appropriate position. Also,
such time shall be allowed to be paid back by trading such time.
Section E. Legislative Lobbying
An employee holding the position of Secretary-Treasurer in the Union's State Association shall be granted
leaves of absence without pay during sessions of the Iowa General Assembly when there is debate or
discussion, in committee or on the floor, on legislation specifically affecting fire fighters. This paragraph is
intended to continue present practice and is to be so interpreted.
In addition, the Secretary-Treasurer in the Union's State Association will be granted up to two (2) days without
pay upon request providing a sixty-five (65) hour advance notice is given. Any part of a day used shall
constitute a full day.
Article 9
Safety, Health and Welfare
Section A. City Responsibility
The City shall make reasonable provisions for the safety and health of employees during the hours of their
employment, and shall provide protective devices and other equipment necessary to protect the employees from
injury or illness in conformance with statutory requirements.
Section B. Employee Responsibility
Employees are expected to follow established City procedures for reporting occupational injuries and illness to
their supervisors and to the Employee Health Clinic.
City of Des Moines and
DM Assoc. of Professional Fire Fighters, Local No. 4
July 1, 2005 through June 30, 2008
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Section C. Safety Committee
A Fire Department Safety Committee shall be appointed consisting of the following members:
An Assistant Chief, Training Officer, Superintendent of Maintenance and the President of the Fire Fighter's
Union or his/her designee, shall be members by virtue of office. The Union president may select another Union
officer to attend in his/her absence. The Assistant Chief shall be Chair.
The Union President shall appoint four (4) members to serve two (2) year terms on the safety committee..
The committee shall meet quarterly and shall review personal injuries and department practices that may cause
injuries, and make recommendations to eliminate or minimize these injuries and practices for the safety of the
employees.
Section D. Drug Testing
The City and Union shall follow all applicable provisions of state and federal law with regard to drug testing.
Article 10
Transfer Privileges
All transfer requests must be filed with the Fire Chief. Requests must be in writing and specifically request
station and division desired.
Should a position vacancy occur, the Fire Chief shall consider all previously filed transfer requests. In the event
all other factors are equal, the most senior employee with a request on file shall receive the transfer.
Article 11
Evaluation Procedures
Any formal evaluation of an employee's work performance which results in a below average overall rating may
be challenged by the employee through the grievance procedure set forth in this contract and shall be subject to
all time limitations contained therein. If the arbitrator determines that the evaluation is unfair, unjust or
inaccurate the evaluation and any adverse action resulting from said evaluation shall be of no force and effect
and the evaluation may be ordered removed from the employee's evaluation file. The period during which such
challenge may be brought shall commence with the employee's signature upon the performance evaluation form
which shall be accompanied by written notice of the adverse action, if any, which will be taken.
City of Des Moines and
DM Assoc. of Professional Fire Fighters, Local No. 4
July 1, 2005 through June 30, 2008
7
Article 12
Grievance Procedure
A "Grievance" is a dispute as to the application or interpretation of any part or clause of this Agreement. A
"Grievant" is the employee or the Union filing the grievance.
Section A. Procedures
The parties agree to act in good faith to resolve any grievance presented by an employee or the Union. Such
grievance must be presented at the first (1st) step of the procedure within ten (10) calendar days of the incident
giving rise to the complaint.
Step I. The employee or Union having a specific grievance shall present the written grievance to
his/her Fire Suppression Chief or his/her designee who shall respond in writing within
ten (10) calendar days. Personnel working for other than a Fire Suppression Chief shall
file such grievance with their assigned Assistant Chief.
Step II. If the matter has not been resolved, the employee or the Union shall then, within seven (7)
calendar days of receipt of Step I answer, present the written grievance to the Fire Chief,
who shall respond within seven (7) calendar days.
Step III. If the matter has not been resolved, the employee or the Union shall then, within seven
(7) calendar days, present the written grievance to the City Manager. He shall respond
within ten (10) calendar days.
Step IV. If not resolved, the grievance may be submitted to arbitration within ten (10) calendar
days after the decision in Step III, or if no decision has been timely made, said grievance
may be submitted to arbitration by submitting written notice to the City Manager. Such
notice shall specify the sections of the rules and regulations and/or the agreement alleged
to have been violated. The parties shall meet within ten (10) days to attempt to agree on
an arbitrator.
If they are unable to agree, they will jointly request that the Iowa Public Employment
Relations Board submit to the parties a list of arbitrators and, by alternately striking
names, an arbitrator will be selected, whose decision shall be final and binding upon the
parties.
Section B. Limitations
The arbitrator shall not have the power to decide a grievance which is a matter suitable for submission to the
Civil Service Commission. Also, the arbitrator shall be without power to add to, subtract from or modify the
City of Des Moines and
DM Assoc. of Professional Fire Fighters, Local No. 4
July 1, 2005 through June 30, 2008
8
terms of this Agreement nor to make any decision in conflict with the laws of the State of Iowa or the
ordinances of the City of Des Moines, Iowa.
The arbitrator's fee and expenses shall be paid by the non-prevailing party in the arbitration proceedings.
However, each party shall be responsible for compensating their own representatives and witnesses as well as
paying for necessary transcripts of the proceedings if desired. The failure of the employee or the Union to
appropriately present the grievance within the specified time limits shall render the matter resolved and not
subject to further appeals.
Employees and the Union are entitled to representatives of their own choosing at all steps in the grievance
procedure.
Grievances will be signed by the employee if an individual grievance, and by the Union President if a Union
grievance. When necessary in investigating and settling grievances, employees and their representative, if
employees of the City, shall be released from work without loss of pay for a reasonable time provided the
supervisor is given sufficient advance notice to adjust work schedules.
All time limits contained in this article may be extended by mutual agreement.
Section C. Union Stewards
The City recognizes the right of the Union to designate officers, stewards and alternates. The authority of
officers, stewards and alternates designated by the Union shall be limited to, and shall not exceed, the following
duties and activities:
a. The investigation and presentation of grievances in accordance with the provisions of this
Agreement.
b. The collection of dues when authorized by appropriate local Union action.
c. The transmission of such messages and information which shall originate with, and are
authorized by the Union, or its officers, provided such messages and information:
1. Have been reduced to writing, or
2. If not reduced to writing, are of a routine nature and do not involve work stoppages,
slowdowns, refusal to perform work, the solicitation of grievances or any other
interference with the City's purpose; provided however, that the activities referred to in a,
b, and c shall not be performed in such fashion as to unreasonably conflict with the
officer's or steward's work duties. Officers or stewards shall notify the Fire Chief or
his/her designated representative before meeting with employees. Any disputes as to
whether or not such activities have been performed in a manner so as to reasonably
conflict with the officer's or steward's work duties shall be submitted to the grievance
procedure.
City of Des Moines and
DM Assoc. of Professional Fire Fighters, Local No. 4
July 1, 2005 through June 30, 2008
9
Article 13
Hours of Work
The normal work week for employees covered by this Agreement during the life of this Agreement shall be:
a. Employees in the Fire Prevention Bureau, Training Division, Maintenance Division and the
Emergency Medical Services Division shall work five (5) eight-hour shifts per week.
b. Employees in the Fire Fighting Division shall work fifty-three (53) hour average work week, on
alternating shifts, with three platoons each working twenty-four (24) hour shifts starting at 0700
hours each day, followed by forty-eight (48) hours off duty. In order to affect the fifty-three (53)
hour average workweek, in compliance with Section 7k of the Fail Labor Standards Act (FLSA),
members shall be assigned to one of nineteen (19) Kelly Day Groups. A Kelly Day is a normally
scheduled workday that is not worked in order to reduce the number of hours in the workweek.
c. A Kelly day schedule will be developed to implement the fifty-three (53) hour workweek.
Additionally, a Kelly day schedule will be developed for forty (40) hour employees to provide three
days per year in which the employee does not work a scheduled workday.
Article 14
Holidays
Section A. Days
The following eleven (11) paid holidays will be observed by the Unit:
1. New Year's Day
2. Martin Luther King Jr.’s Birthday
3. Memorial Day
4. Independence Day
5. Labor Day
6. Veteran's Day
7. Thanksgiving Day
8. The Day after Thanksgiving
9. An Additional Christmas Holiday
10. Christmas Day
11. The Employee's Birthday
City of Des Moines and
DM Assoc. of Professional Fire Fighters, Local No. 4
July 1, 2005 through June 30, 2008
10
Section B. Eligibility
All full-time permanent employees, full-time probationary employees, and full-time employees on provisional
appointments shall be eligible for paid holidays.
Section C. Holidays Occurring On Weekends
Holidays which fall on a Saturday will be observed on the preceding Friday. Holidays which fall on a Sunday
will be observed on the following Monday. In the event the employee's birthday falls on another holiday, it will
be observed at some later time with the approval of the Fire Chief.
Section D. Additional Christmas Holiday
When Christmas falls on Tuesday, Wednesday, Friday, or Saturday, in addition to the legal holiday observance,
the preceding work day shall also be observed as a holiday. When Christmas falls on Sunday, Monday, or
Thursday, in addition to the legal holiday observance, the following work day shall also be observed as a
holiday.
Section E. Holidays Occurring During Leaves of Absence
When a holiday occurs during a leave of absence for which an eight (8) hour employee receives compensation,
(i.e., vacation, sick, compensatory, emergency, or injury), holiday pay will be provided on the prescribed
holiday.
Section F. Holidays for Shift Workers
Employees engaged in shift work who are unable to observe a holiday will be permitted to take equivalent time
off within twelve (12) months of the designated holiday.
Section G. Holidays for Shift Employees Working An Average of Fifty-Three (53) Hours Per Week
Personnel engaged in shift work averaging fifty-three(53) hours per week will be permitted to take time off
during the calendar year at the rate of eleven and two tenths (11.2) hours per holiday.
Section H. Personal Time Set Aside
Employees may designate and reserve forty-eight (48) hours (16 hours for 40 hour employees) of holiday or
vacation time to use for personal time off during the calendar year provided that time off is taken in increments
of four (4) hours (two (2) hours for forty (40) hour employees). Requests for such time off must be approved
by the District Chief. An employee may carry over any unused reserved hours into the next calendar year but
must use such carryover hours within the first four (4) months of the new year.
City of Des Moines and
DM Assoc. of Professional Fire Fighters, Local No. 4
July 1, 2005 through June 30, 2008
11
Article 15
Vacation
Section A. Eligibility
All permanent full-time employees and all probationary full-time employees who have completed twelve (12)
months of continuous service shall be eligible for vacation leave upon accrual.
Continuous service shall be terminated by resignation, dismissal, or retirement. If an employee so terminated
receives a subsequent reappointment, no credit will be given for the period of service prior to the termination.
Continuous service shall not be considered broken if an employee:
1. Is on military leave of absence and returns to City employment in accordance with federal and
state law.
2. Is on authorized leave of absence or on a temporary suspension without pay. However, no credit
shall be allowed for time for employees suspended or on leave without pay for over thirty (30)
consecutive calendar days, and additional time equal to the loss of service must be served to
qualify for vacation.
Section B. Accrual
Vacation leave shall be accrued as follows:
1. Vacation leave for all permanent and probationary, full-time employees with less than seven (7)
years of continuous service shall be at the rate of ten (10) working days (or eighty (80) hours) for
each twelve (12) months of active City service.
2. Vacation leave for all permanent full-time employees who have completed seven (7) years or
more of continuous service, but not more than twelve (12) years, shall be at the rate of fifteen
(15) working days (or one hundred twenty (120) hours) for each twelve (12) months of active
City service.
3. Vacation leave for all permanent full-time employees who have completed twelve (12) years or
more of continuous service, but not more than nineteen (19) years, shall be at the rate of twenty
(20) working days (or one hundred sixty (160) hours) for each twelve months of active City
service.
4. Vacation leave for all permanent full-time employees who have completed nineteen (19) years or
more of continuous service shall be at the rate of twenty-five (25) working days (or two hundred
(200) hours) for each twelve (12) months of active City service.
City of Des Moines and
DM Assoc. of Professional Fire Fighters, Local No. 4
July 1, 2005 through June 30, 2008
12
5. Probationary employees and employees on provisional appointments shall accrue vacation
during probationary and provisional periods, but shall be ineligible for such vacation until they
have completed twelve (12) months of service.
In the event of their separation prior to their permanent appointment and completion of twelve
(12) months of service, they shall be ineligible for terminal vacation.
6. The annual accrual of ten (10) working days of vacation leave with pay shall be construed to
mean one hundred twelve (112) hours of duty-shift time for personnel working a shift basis of an
average of fifty-three hours per week; fifteen (15) working days of vacation leave shall be
construed to mean one hundred sixty-eight (168) hours of duty-shift time; twenty (20) working
days of vacation leave shall be construed to mean two hundred twenty-four (224) hours of dutyshift
time; and twenty-five working days of vacation leave shall be construed to mean two
hundred eighty (280) hours of duty-shift time for such employees.
Section C. Administration
Vacation leave shall be administered as follows:
1. All vacation leave and schedules must be approved by the Fire Chief or his/her designated
representative. In approving such schedules, the Fire Chief shall consider the needs of the City
service and the seniority and the wishes of the employee.
2. Vacation leave shall be charged as used in amounts of not less than one-half (1/2) day, unless the
employee has less than one-half day of accrual remaining.
3. When a holiday occurs during an employee's assigned vacation and the employee is regularly
entitled to the holiday, it will not be counted as part of the vacation time.
4. Vacation must be taken within a twelve (12) month period after the completion of the year in
which it is earned unless written authorization extending this period is obtained from the Fire
Chief and City Manager.
5. Accrued but unused vacation will be paid upon termination after twelve (12) months of service.
6. Vacation once chosen, may be changed subject to the following provisions and with the approval
of the Chief or his/her designated representative. A "change" is defined as any block of time
(consecutive hours or days). A "change" of any part of one regular shift shall constitute one
"change." For example, three consecutive work days taken as a block of time shall equal one
"change."
.
Employees requesting vacation changes must request such change in writing.
City of Des Moines and
DM Assoc. of Professional Fire Fighters, Local No. 4
July 1, 2005 through June 30, 2008
13
Article 16
Leaves
Section A. Leaves for Military Service
An appointing authority may grant leave without pay to regular employees for the purposes of service in the
Armed Forces, or for the purpose of undergoing training duty in the Armed Forces; provided that such leave
shall be with pay during the first thirty (30) calendar days of such leave of absence. Any such leaves shall be
reported to the Personnel Office.
Section B. Jury Duty, Conferences and Other Meetings
Employees on jury duty will receive their normal pay for regular work days spent on a jury panel. The
employee shall submit the payment received from the court to the City Treasurer's Office, less any amount
included for travel allowance or expense reimbursement. Such time off shall be counted as time on duty.
Employees, may upon written or oral request, be excused from work to attend various conferences and official
meetings regarding City or Union business. Attendance at such meetings will be considered as time on duty,
provided the proper approval is obtained in as far in advance as possible.
Section C. Leaves of Absence
1. Emergency Leave
(a) Immediate Family. In case of death in the "immediate family," an employee may be
granted a leave of absence with pay up to seven (7) calendar days by the Fire Chief.
"Immediate family" is defined as spouse, child or parent.
(b) Family. In the case of death in the "family," an employee may be granted a leave of
absence with pay up to four (4) calendar days by the Fire Chief. "Family" is defined as
father-in-law, mother-in-law, brother, brother-in-law, sister, sister-in-law, son-in-law,
daughter-in-law, grandchild, grandparents, spouse's grandparents, and other relatives
living in the same household.
(c) If the situation warrants an extension, the Fire Chief may grant up to an additional three
(3) calendar days. A written explanation of any such extension must be filed with the
Personnel Office.
(d) Personnel on vacation or sick leave when a death occurs in the family or immediate
family shall be placed on the appropriate (i.e., family, immediate family) leave.
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2. Educational Leave Without Pay. Permanent employees interested in further professional training
may, with the consent of the Fire Chief and the City Manager, obtain an educational leave. Such
leave is without pay. A single leave may not be for more than twelve (12) months.
3. Leaves of Absence Without Pay. The Fire Chief, with approval of the City Manager, may grant
leaves of absence without pay. A single leave of absence may not be for more than twelve (12)
months. Unpaid leaves of absence of over sixty (60) calendar days shall result in an "adjusted
start date" for purposes of vacation accrual, longevity and adjustments to anniversary date for
merit salary increases to account for the lost service time.
Section D. Absence Without Leave
If an employee shall, without proper authorization, be absent from duty, whether for part or all of a working day
or for a longer period, such absence may be grounds for disciplinary action or discharge. Absence without leave
for any three (3) full duty shifts during a contract year may be considered cause for automatic termination of
employment.
Article 17
Sick Leave
Section A. Eligibility
All permanent full and part-time employees, full-time probationary employees and full-time employees serving
provisional appointments shall be eligible for paid sick leave.
Section B. Accrual
Sick leave shall be accrued as follows:
1. Permanent full-time employees. Sick leave shall be accrued for all permanent full-time
employees at the rate of one work day for each month of service with no limit to accumulations.
Shift workers who work an average fifty-three hour week shall accrue sick leave at the rate of
one-half of a twenty-four hour duty shift for each month of service with no limit to
accumulation.
2. Permanent part-time employees. Sick leave shall be accrued for permanent part-time employees
at the rate prescribed for permanent full-time employees, but such accrual shall be in proportion
to the hours worked per week as measured against the hours worked per week by permanent fulltime
employees.
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3. Full-time employees on probationary or provisional appointments. Sick leave shall be accrued by
probationary and provisional appointment employees at the rate prescribed for permanent fulltime
employees.
4. Sick leave while on leave. Any employee shall continue to accrue sick leave while on any other
compensated leave.
5. Transfer between forty and fifty-three hour week. Employees transferred from the forty-hour
week to the fifty-three hour week shall have added to their total accumulated sick leave credit
forty (40) percent of the total credit at the time of the transfer. Employees transferred to the
forty-hour week from the fifty-three hour week shall at that time have deducted from their
accumulated sick leave credit twenty-eight percent (28%) of the total credit.
Section C. Use
Sick leave shall be granted under the following circumstances:
1. Physical incapacity not incurred in the line of duty.
2. Personal illness, including medical, dental or optical appointments during working hours.
3. Enforced quarantine of the employee in accordance with community health regulations.
4. Serious illness of any emergency nature of the immediate family (spouse, child, parent, sibling)
upon approval of the Fire Chief or his/her designated representative.
5. The use of "W" time (leave without pay) shall be authorized for serious illness or injury of a
grandchild, mother-in-law and father-in-law.
Section D. Administration
Sick leave shall be administered as follows:
1. Requests for sick leave should normally be made before an employee is regularly scheduled to
report for duty.
2. Sick leave shall be chargeable only when used on regularly scheduled work days or work periods
and not on vacation time. However, if an employee has been on paid sick leave for at least the
seven (7) consecutive calendar days immediately preceding his/her scheduled vacation,
employee may reschedule the vacation at a later time during the year provided open vacation
time is available, and provided the employee notifies the Supervisor and requests the change in
writing prior to the beginning of the scheduled vacation. In addition, the employee may charge
sick leave for the number of days for which proof is shown.
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3. Employees transferred from the forty-hour week to the fifty-three hour week shall have added to
their total accumulated sick leave credit forty (40) percent of the total credit at the time of
transfer. Employees transferred to the forty-hour week from the fifty-three hour week shall at
that time have deducted from their accumulated sick leave credit twenty-eight percent (28%) of
the total credit. Exceptions to this would be a temporary transfer, four months or less (e.g.,
transfers to the Training Division, Fire Prevention Bureau or other assignment which would be
of benefit to the City and/or the employee).
4. If such sick leave exceeds three (3) consecutive work days, the Fire Chief has the right to verify
the reported sickness of an employee and may require a doctor's certificate for absence due to
sickness. The certificate must state the kind and nature of the sickness or injury and whether the
employee has been incapacitated for work for said period of absence.
5. In individual cases where there is sufficient reason to believe the employee is abusing the sick
leave privilege, the employee will be advised in writing that an acceptable medical certificate
will be required for all future sick leave absences. Abuse of sick leave shall be cause for
disciplinary action, up to and including dismissal.
Section E. Separation
No payment for unused sick leave credit shall be made upon separation from City employment except in cases
of retirement or death of a permanent employee of the City, as prescribed hereinafter. In the event of the
employee's retirement which meets the requirements of the applicable federal or state statutes, or his/her death,
the employee or his/her beneficiary shall be paid fifty percent (50%) of his/her daily salary based on his/her
salary rate at the time of his/her retirement or death for each full day of unused sick leave credit the employee
has accrued, provided, however, that the maximum unused sick leave to be compensated for at the rate of fifty
percent (50%) is limited to 1,500 hours, except that those employees who have a balance of 1,300 or more
hours as of July 1, 1985 shall not be affected by the maximum.
Article 18
Injury Leave ("J" Time)
Leave of absence with pay shall be granted permanent employees who become incapacitated as a result of
injury or occupational disease incurred through no misconduct of their own while in actual performance of
duty, in accordance with rules and regulations of the Municipal Fire and Police Retirement System of Iowa.
Article 19
Physical Fitness
Sworn personnel shall spend one-half hour per duty shift as directed exercising on a stationary bike, treadmill
or other approved physical fitness activities. Forty-hour employees shall spend one-half hour three times per
week as directed exercising on a stationary bike, treadmill or other approved physical fitness activities. Upon
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their request, mechanics shall be given one-half hour three times per week as directed to spend exercising on a
stationary bike, treadmill or other approved physical fitness activities. Extended workout time shall be allowed
from the Fire Chief of his/her designated representative.
Article 20
Training and Career Development
Section A. Employee Training
The purpose of this section is to establish policy for employee training and for sending City employees to
special outside courses of instruction relating to their employment with the City which does not accrue credit
toward a high school diploma or high school equivalency certificate, college degree, law degree, CPA
recognition or related educational certificate.
1. The City will, at its direction, provide orientation and on-the-job training for each employee.
Upon the recommendation of the Chief, and approval of the City Manager, an employee may be
sent to outside instructional courses as means of upgrading his/her capabilities as a City
employee.
2. The criteria for evaluating a request to attend outside instructional courses shall be that the
estimated value to the City from the course is commensurate with the total cost including tuition,
transportation, meals, lodging, pay and other expenses; that consideration be given to the quality
of both the curriculum and the instructors involved so as to be reasonably certain that the course
will be practical and usable in City operation; and that in the case of a prolonged course of
instruction, there will be adequate coverage of the employee's normal duties during his/her
absence.
3. Employees training to improve work performance of the employee in his/her present position,
both by means of in-service instruction and outside instructional courses, may be conducted
during or after the employee's working hours. Training to prepare the employee for promotion
shall be on the employee's own time, unless, because of shortage of manpower or other
circumstances, it is in the City's interest to use work time.
4. Probationary employees shall not attend any paramedic or Haz Mat team training (except for
recertification or normal station evolutions) through the Des Moines Fire Department until
he/she has successfully completed one year of service and passed the one year written exam.
Section B. Employee Education
The purpose of this section is to establish policy for the academic education of City employees which will be of
benefit to both the employee and the City. This policy pertains to courses attended by City employees which
accrue credit toward a high school diploma or high school equivalency certificate, college degree, college
graduate degree, law degree, CPA recognition or related educational certification.
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1. Upon the request of the employee, recommendation of the Chief and approval of the City
Manager, a permanent full-time City employee may participate in the Education Tuition
Reimbursement Program described hereafter subject to the following requirements:
a. That the course shall directly relate to the employee's current job duties; or any course,
including outside-the-major electives required for a degree or certificate in a field either
directly related to the employee's current duties, or a field in which the employee would
have a reasonable expectation of being promoted to while employed with the City. Such
course work must be completed at an officially accredited educational institution.
b. That the employee shall satisfy the necessary prerequisite of the course for which he/she
requests tuition reimbursement and shall receive approval of the City Manager prior to
enrolling in the course.
c. That participation in the Education Tuition Reimbursement Program shall be solely on
the employee's time.
2. City employees approved for participation in the Education Tuition Reimbursement Program
shall be eligible for reimbursement by the City for one hundred percent (100%) of tuition and
registration fees for courses offered by accredited education institutions up to a limit of twelve
hundred dollars ($1,200) per fiscal year. Reimbursement shall be made of tuition and registration
fees upon completion of the course with a grade of "C" or better, and upon application to the Fire
Chief showing evidence of successful course completion. Employees taking a leave of absence
for educational purposes shall not be eligible for participation in the Education Tuition
Reimbursement Program. Reimbursement of book fees shall be included with the understanding
that the books from the class shall be returned to the Chief’s office upon completion of the
course.
Section C. Training on New Processes
Whenever the duties of a position are to be materially changed by the introduction of new machines or
processes requiring different skills and knowledge, any permanent or probationary employee affected by the
change shall be given a reasonable opportunity to learn to perform the new duties and to qualify for status in
any new class of positions required for such work. Any employee who, after a reasonable training period,
qualifies for appointment in a different class shall be deemed to possess the specific education and experience
requirement for such class and shall be appointed thereto with the same status and seniority which he/she last
had in his/her previous class. Employees who do not qualify for such appointments shall be reassigned to other
duties appropriate to their class or be laid off in accordance with the provision of law of this Agreement
regarding layoff.
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Section D. Special Compensation
The City Manager may authorize the payment of compensation to employees who are required to participate in
authorized training programs which take place outside their regular work schedule.
Article 21
Seniority
The length of continuous unbroken service as a permanent full-time employee of the City. In computing
seniority, periods of employee suspension and leave of absence without pay (except for personal illness, injury,
educational leave and in the interest of the City or as otherwise authorized by the City) in excess of thirty (30)
consecutive calendar days per year shall be deducted from the employee's time of seniority. It is important to
note the distinction between the "seniority date" and the "adjusted start date."
Article 22
Reduction in Force
In the event a reduction in force becomes necessary, procedures provided in Chapter 400 of the Code of Iowa
(Civil Service) shall be recognized.
Article 23
Clothing Provision
Those items of regulation clothing which are currently provided by the City, in accordance with the Fire
Department General Order will continue to be so provided during the term of this Agreement.
Personal property, required to be carried on duty, such as watches and glasses, shall be replaced or repaired at a
reasonable price, not to exceed $100.00 as determined by the Fire Chief, in the event of damage pursuant to fire
activity. This replacement is at the discretion and authority of the Fire Chief.
Employees assigned to the Fire Investigation Division (Fire Investigators) required to wear clothing other than
regulation as determined by the Fire Chief, shall be paid four hundred dollars ($400.00) per year for clothing to
be paid 50% on January 1st and 50% on June 1st of each year. The City shall maintain a dress uniform and
provide up to two (2) sweat shirts, polo’s, and one (1) uniform shorts and workout shorts per year.
Fire Mechanics shall receive an annual reimbursement for the purchase of City approved safety shoes or boots
of one-hundred ($100) per contract year.
Article 24
Use of Bulletin Boards
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The City will provide reasonable space, for official union business, on each bulletin board in each work area of
the unit.
Use of the boards shall be limited to five (5) general types of notices.
1. Listing of Union Officials and Officers
2. Union meetings
3. Union elections
4. Union recreational and social events
5. Union educational notices
and such other notices mutually agreed upon.
Article 25
Insurance
The following employee benefit plans will be made available to full-time permanent employees, subject to the
terms and conditions of the respective group contract or plan document of the insurer.
Section A. Life
The City agrees to provide straight term life insurance coverage in an amount of ten thousand dollars
($10,000.00).
Section B. Health and Medical
1. Preferred Provider Option
The City will make available a health plan to employees and their dependents described in
Health Plan Exhibit 1 (SPM Plan). There is no contribution required for single coverage.
The plan provides for a $5 co-payment for generic prescription drugs and a $15 co-payment for
all other prescription drugs. Notwithstanding this provision, during the first two years of this
agreement (July 1, 2005 to June 30, 2007), employees will be eligible to receive up to three
dollars ($3) reimbursement of the co-payment for each generic drug prescription. The Fire Union
Generic Co-Pay Reimbursement Plan will be administered by the City of Des Moines in a
fashion similar to the Flexible Spending Account. Reimbursement eligibility is limited to a
minimum of $5 per any month. This means the requested amount submitted by an employee
must total at least $5 for a check to be issued. Notwithstanding this limitation, the City agrees
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that employee will not be left with un-reimbursed generic drug co-pays at the end of the twoyear
period of this arrangement.
Beginning July 1, 2006, employees will contribute fifteen dollars ($15) per month for family
coverage under this health plan.
Beginning July 1, 2007, employee will contribute seventeen dollars ($17) per month for family
coverage under this health plan.
Employee contributions to the health plan will be made on a pre-tax basis.
2. H.M.O.
The City will provide an opportunity for each permanent employee to enroll themselves and their
dependents in a Health Maintenance Organization (HMO) generally comparable to the plans
offered by the City in 1991 as a voluntary alternative to the traditional health insurance coverage
provided pursuant to Section B.1. above. At least one such plan will be offered provided a plan
generally comparable to the HMO plans available to City employees in 1991 exists in the Des
Moines metropolitan area.
The employee contribution to the selected HMO plan will be sixteen dollars ($16) per month.
Each employee who opts for this type of coverage must authorize a payroll deduction in the
appropriate amount.
Section C. Dental
The City will make available dental insurance comparable to the plan designated as the City of Des Moines
Health and Welfare Fund (Dental). There is no contribution required for single coverage.
For employees covered by this agreement, the annual maximum benefit under this dental plan shall be increased
to one thousand dollars ($1000) per year beginning July 1, 2006.
Beginning July 1, 2006, employees selecting family coverage under this dental plan shall contribute one dollar
($1) per month for such coverage.
Employee contributions to the dental plan will be made on a pre-tax basis.
Section D. Surviving Spouse
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The health, medical and dental insurance referred to in this article shall continue in effect at City expense for
the surviving spouse and dependents of any employee who dies as a result of personal injury sustained in the
line of duty and who is the recipient of benefits under the Federal Safety Officers' Benefits Act of 1976, 42
U.S.C. 3796 as presently in effect or as may be amended during the term of this Agreement subject to the
following exceptions:
(1) The insurance coverage extended by this section shall terminate 30 days after the remarriage of
the surviving spouse.
(2) The insurance coverage shall not be extended to a surviving spouse or to any dependent who
already has insurance coverage provided by another employer.
Article 26
Wages
Section A. Compensation
Each employee shall be compensated in accordance with respective classification title and corresponding salary
range as set forth in Appendix "A" and for the contract period shown in Appendices "B".
Section B. Within Grade Salary Increases
After an appointment or promotion, the employee shall be eligible for a pay increase to a rate midway between
his/her entrance rate and the next higher step upon the satisfactory completion of the appropriate probationary
period. Then upon the completion of twelve (12) months service, the employee shall be eligible, upon proper
recommendation, for an additional one-half (1/2) step increase to the next higher rate of pay. The employee
shall then be eligible, upon proper recommendation, on that "anniversary date" for annual one (1) step increases
until the top step of assigned pay range is reached. Any salary increase granted in advance of the "anniversary
date" shall establish a new "anniversary date."
Any step increase delayed for cause, shall not establish a new "anniversary date" for the purpose of future step
increases. Such pay adjustments shall be made effective at the beginning of the pay periods during which the
required qualified service and other requirements are reached.
Section C. Transfer Pay
When an employee is transferred to a position in another class, and the class is assigned to the same pay grade
as the employee's former class, he/she shall be entitled to the corresponding step in the grade of the class to
which he/she has been transferred.
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Section D. Promotion Pay
Upon the promotion to a classification having a higher pay range, the employee shall receive an increase in pay
equal to one (1) step or the first step of the newly assigned range, whichever is greater.
Section E. Reporting Pay
If an employee reports for work at his/her regular time and place but is sent home by the supervisor because
work cannot be performed, such employee shall be paid a minimum of two (2) hours pay at their regular
straight time rate.
Section F. Witness Pay
Each employee who is required to appear in a recognized court of law to testify as a witness in connection with
his/her employment at times other than their regularly assigned working hours shall receive the following
compensation:
1. Appearances on a regular work day shall be compensated for at a rate equal to the employee's
regular hourly rate of pay including a minimum guarantee for two (2) hours pay, and additional
payment for each full quarter hour (15 minutes) in court thereafter.
2. If an employee is compelled to testify out of town on his/her day off he/she shall be compensated
at a rate of one and one-half times the employee's regular hourly rate for up to eight (8) hours for
each day of required attendance as well as actual travel time. The City shall pay the employee
unreimbursed reasonable meal, lodging and travel expenses.
3. Appearances on the second or succeeding day off shall be compensated at a rate equal to one and
one half (1 1/2) times the employee's regular hourly rate including a minimum guarantee of two
(2) hours pay, and additional payment for each full quarter hour (15 minutes) in court thereafter.
Section G. Hazardous Materials Assignment Pay
Each permanent employee who receives OSHA Hazardous Materials Certification and is assigned by the Chief
to the Haz Mat Team shall receive additional compensation at the rate of two thousand dollars ($2,000) per year
to be paid on a pro-rate basis each regular pay day. In addition to the above special pay, the employee
designated as team leader shall be paid “acting pay” equal to a 2 step increase above that employee’s regular
pay rate for any twenty-four (24) hour period in which the Haz Mat Team responds to a call for service. Only
one team leader shall be eligible for such acting pay in any given twenty-four (24) hour period.
Section H. Fire Specialist Certification Incentive Pay (Senior Firefighter)
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July 1, 2005 through June 30, 2008
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Fire specialist certification incentive pay shall be awarded to those employees in the rank of fire fighter who
obtain a Fire Specialist Certificate and who have been employed four (4) or more years. Such incentive pay
shall be five hundred dollars ($500) per year prorated over 26 pay periods.
Section I. Paramedic Pay
Each employee who satisfactorily completes one year of service and holds state level paramedic certification
shall receive additional compensation above the employee's regular pay grade at the rate of five percent (5.0%)
per year prorated over 26 pay periods.
Section J. Pager Pay.
Employees required to wear a pager outside normal working hours and stay within a reasonable responding
distance of the City shall be paid one ($1.00) dollar per hour while on call outside normal working hours and at
the normal overtime rate in accordance with Article 29 for time called into service.
Article 27
Deferred Compensation
Each employee shall be eligible to contribute up to the maximum amount allowed by the IRS into a deferred
compensation plan currently established by the City. The City, beginning June 20, 1994, agrees to contribute a
sum equal to that contributed by the employee up to one and one-half percent (1 1/2%) of the employee's annual
salary. The City, beginning June 19, 1995, agrees to contribute a sum equal to that contributed by the employee
up to two percent (2%) of the employee's annual salary.
Article 28
Longevity Pay
Permanent employees who have performed satisfactory continuous service for the required number of years
shall be eligible to begin receiving longevity pay at the beginning of the payroll period in which the required
number of years have been completed.
Section A. Continuous Service
Continuous service shall be terminated by resignation, dismissal, or retirement. If an employee so terminated
receives a subsequent reappointment, no credit will be given for the period of service prior to the termination.
Continuous service shall not be considered broken if an employee:
1. Is on military leave of absence and returns to City employment in accordance with federal and
state law.
2. Is on authorized leave of absence, or on a temporary suspension, without pay. However, no
credit shall be allowed for time toward the accumulation of a five-year period by employees
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suspended or on leave without pay for over thirty (30) consecutive calendar days, and additional
time equal to the loss of service must be served to qualify for longevity.
Section B. Amount of Payment
Eligible employees shall receive one percent (1%) of base salary upon completion of five years; two percent
(2%) after ten years; three percent (3%) after fourteen years; four percent (4%) after eighteen years; five percent
(5%) after twenty-two years; and six percent (6%) after twenty-six years and more continuous satisfactory
service in a permanent status.
Article 29
Overtime Pay and Compensatory Time Off
Overtime is all time ordered and worked in units of one-quarter (1/4) hour or more which is in excess of the
regularly scheduled hours of work for an employee. It is the policy of the City that overtime, whether
compensated for by cash payment or time off, be held to a minimum consistent with efficient operation and the
provision of essential services to the public. Whenever possible, work assignments should be made in such a
way so as to avoid accumulation of overtime credits.
Section A. Fifty-Three Hour Employees
Fire employees that work an average of Fifty-Three (53) hour week shall be compensated at the discretion of
the Fire Chief either by compensatory time off at time and one-half or by cash payment at the rate of time and
one-half for work performed in excess of their regular work schedule. Such employees shall be eligible for
double-time rates only for working on the second day of two regularly-scheduled days off and shall also be
eligible for double-time rates when their scheduled work shift requires them to work on Memorial Day,
Independence Day, Labor Day, Thanksgiving Day or Christmas Day; shift workers who work any portion of
any of these five holidays shall be eligible for double-time rates prorated according to the portion of said
holiday worked.
Section B. Administration
1. For the purpose of computing overtime, vacation, holiday, sick and injury leave and earned
compensatory time off shall be considered as the same as time worked, unless the overtime work
is done for the convenience of and at the request of the employee, in which case the overtime
shall be straight time rates.
2. The times when compensatory time off may be taken shall be at the discretion of the Fire Chief,
except that the employee's desires shall be given consideration whenever possible. When
compensatory time off is ordered by the Fire Chief, or requested by the employee, reasonable
advance notice shall be provided, but is not required.
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3. Each employee assigned to a 40-hour workweek shall be allowed to accumulate up to 120 hours of
compensatory time before being required to schedule "C" time off or to receive cash payment for
overtime worked. Employees assigned to a 53-hour workweek shall be allowed to accumulate up to
48 hours of compensatory time before being required to schedule “C” time off or to receive cash
payment for overtime worked.
Employees whose "C" time balances exceed the 48 or 120 hour caps may be required, at the discretion
of their supervisor, to schedule "C" time off to bring their balance back to either 48 or 120 hours within
a reasonable period of time.
Article 30
Temporary Upgrade
When an employee is required to work in a higher classification, such employee will be compensated at a rate
equivalent to one step above his/her present rate or the first step of the higher rank in which said employee acts
(whichever is greater). Such compensation shall be paid for each full duty shift worked in such higher
classification during the remainder of the contract year.
In the case of fifty-three(53) hour week employee, no authorized leave time shall constitute a break in
temporary upgrade to a higher level classification, provided such authorized leave shall not be in excess of eight
(8) hours time during the duty shift.
Article 31
Appendices
The following appendices are incorporated and made a part of this Agreement:
Appendix A: Unit Classifications and Salary Range Assignments
Appendix B: Wage Schedule effective July 1, 2005, July 1, 2006 and July 1, 2007 reflecting a three
and one-fourth percent (3.25%) across-the-board salary increase each year.
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Article 31A
Maintenance of Standard
The City and the Union agree that the City shall provide a cash compensation level (base salary plus longevity)
equal to the highest represented municipal fire department personnel in the state.
Article 31B
ICMA_RC Vantage RHS Plan
Effective on or before July 1, 2005, the City will make available to employees under this agreement the ICMARC
Vantage RHS Plan. This plan provides a vehicle to permit employees to direct any portion of their vacation
or sick leave payouts available upon separation of service to this tax preferred plan. Amounts contributed are
available to pay for IRS deductible health expenses as detailed in the plan.
Article 32
Savings Clause
If any article or section of this Agreement shall be held invalid by operation of law or by a tribunal or
competent jurisdiction or if compliance with or enforcement of any article or section shall be restrained by such
tribunal, the remainder of this Agreement shall not be affected thereby and the parties shall enter into immediate
collective negotiations for the purpose of arriving at a mutually satisfactory replacement for such article or
section.
In the event of a conflict between the Agreement and provision of Chapter 400 of the Code of Iowa, the latter
shall prevail.
Article 33
Duration of Agreement
This Agreement shall be in effect beginning July 1, 2005 and ending June 30, 2008.
Article 34
Complete Agreement and Waiver of Bargaining
The parties acknowledge that during the negotiations which resulted in this Agreement, each had the
opportunity to make proposals with respect to any subject or matter not removed by law from the area of
bargaining and that the understandings and agreements reached are set forth in this Agreement. Therefore, the
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City and the Union, for the life of this Agreement, each agrees that the other shall not be obligated to bargain
collectively with respect to any subject or matter not referred to or covered in this Agreement, even though such
subject or matter may not have been within the knowledge or contemplation of either or both of the parties at
the time they negotiated or signed this Agreement. This article is subject to Article 32 entitled "Savings
Clause."
The undersigned hereby approve and concur in this Agreement this _______ day of __________________,
_________.
____________________________________
John F. TeKippe, President
Des Moines Association of Professional
Fire Fighters, Local No. 4
_____________________________________
T. M. Franklin Cownie, Mayor
ATTEST:
_____________________________________
Diane Rauh, City Clerk
City of Des Moines and
DM Assoc. of Professional Fire Fighters, Local No. 4
July 1, 2005 through June 30, 2008
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APPENDIX A
Unit Classifications and Salary Range Assignments
Code Classification Title Range Number
9343 E.M.S. Assistant 25
9355 Fire Captain 25
9351 Fire Engineer 21
9352 Fire Equipment Mechanic 23
9350 Fire Fighter 20
9354 Fire Lieutenant 23
9345 Fire Medic 22
9361 Fire Prevention Inspector 24
9349 Senior Fire Medic 23
9363 Senior Fire Prevention Inspector 25