Labor Relations and Collective Bargaining, 8Th Ed

LABOR RELATIONS AND COLLECTIVE BARGAINING, 8TH ED.

COLLECTIVE BARGAINING EXERCISE

CARRELL & HEAVRIN

LOUISVILLE MERGER: LMEMS & TEAMSTERS LOCAL 783

In 2003, the City of Louisville, Kentucky and Jefferson County, Kentucky merged to form the Louisville/Jefferson County Metro Government (Metro Government). This collective bargaining exercise is based on an actual negotiation between Louisville/Jefferson County Metro Government and the International Brotherhood of Teamsters Local 783 (Teamsters), representing anewly merged Emergency Medical Services organization. Previously, the Teamsters represented 100 EMS employees of Jefferson County Government (“County”) and International Association of Fire Fighters (IAFF) represented the City of Louisville (“City”) EMSemployees who operated out of the Fire Department. The City was funded for 100 EMSemployees but at the time of the merger, thirty positionswere vacant. The new bargaining unit initially consisted of 200 funded positions (100 paramedics and 100 EMTs) but while negotiations were going on, Metro Government funded 25 additional paramedic positions and 25 EMTs.

The City had spent approximately $6 million a year to operate its EMS division out of the Fire Department. It employed approximately 40 paramedics and 30 EMTs at the time of the merger with ten paramedic and 20 EMT positions vacant. The City supplemented the staff with firefighters, on overtime, who had paramedic or EMT certifications. The City served a population of approximately 256,000 people.

The County operated an ambulance service outside the corporate limits of the City. The County’s ambulance service did not enter into the City, but served approximately 400,000 people in the suburbs. It employed approximately 50 paramedics and 50 EMTs. The CountyEMS’ operating budget was approximately $ 7.4 million a year. Recently the County had changed its employees schedule from 8-hour shifts to 12-hour shifts to reduce the amount of unscheduled overtime. However, this resulted in one workweek of 36 hours and one workweek of 48 hours, every two weeks for all paramedics and EMTs.

As noted above, the employees of both the City and the County were organized and both organizations had collective bargaining agreements.

Metro Governmentcreated the new department, Louisville Metro Emergency Medical Service (LMEMS), to provide emergency services to the entire metro area, both urban and suburban. A vote taken by the employees of the newly combined department resulted in the Teamsters being selected as their bargaining agent.

The management of LMEMS and the Teamsters must meet to negotiate the first contract for the new entity. Following is a list of issues arising from the merger itself that have to be negotiated; the priorities of both parties for the final collective bargaining agreement; background financial information; and relevant clauses from both prior collective bargaining agreements. Following are some of the limitations/expectations surrounding the new entity.

1)In order to meet federal and state guidelines for providing health services eligible for any federal or state reimbursements, response time must be reduced to approximately 8 minutes for life threatening calls.

2)LMEMS management was committed to filling the 30 vacant positions and adding another 50 employees to its staff (25 paramedics and 25 EMTs) to meet those goals.

3)LMEMS budgeted $13.9 million to pay the salaries and fringe benefits for the entire bargaining unit of 250 members.

ISSUES ARISING FROM MERGER

1. Work schedules. Former city employees worked a 24 hr. schedule, working every third day, or 7 days in three weeks and were paid time and one-half for hours over 40 in any week. FormerCounty employees worked a 12-hour schedule, working three days one week and four days the next, or 7 days in two weeks and were paid time and one-half for hours over 40 in any week. As a result of the additional number of hours worked, former City employees earned more than County employees.
2. Retirement. Former city employees were not participants in the Federal Social Security Program, Former county employees were. The law mandated the new entity to become a part of Social Security, which would cost the former city employees 6.2% of their pay.
3. Training stipend. Former city employees received a training stipend from the State of $3100.00 each a year, which would no longer be available. Former county employees were paid time and half for one 12-hour day of training every four months, which had become a financial issue.
4. Holidays and vacations. Former city employees did not get holidays off, but they had eighty (80) more vacation hours available to them. Former county employees who worked one of the eight recognized holidays earned an equal number of hours of additional vacation time but were paid straight time for holiday work.
5. Life Insurance/benefits death or injury in line of duty. Former city employees were guaranteed one year of pay if injured in the line of duty and $50,000 if they died in the line of duty. Former county employees were covered by typical workers compensation benefits.
6. Mandatory overtime. Former city employees could be compelled to report back to work for overtime, but Former county employees could only be “held over” at the end of their shift. Otherwise, they could not be called in for overtime unless there was an emergency declared.
7. Sick leave. Former city employees had unlimited sick leave. Former county employees earned eight hours of sick leave per month.
8. Annual pay. Because former city employees worked more hours than the former county employees on a yearly basis, their annual pay was more than the former county employees, even though their hourly rate was lower.
9. Clothing allowance. Former city employees were provided uniforms and received $725 per year as a clothing allowance. FormerCounty employees were provided uniforms but did not receive a clothing allowance.

PRIORITIES OF THE PARTIES

LABOR

The best benefits from each contract including:

1. Instituting a 24-hour schedule for all employees.
2. Receiving a training stipend of $3100
3. Clothing allowance of $725 per year
4. No mandatory overtime call-ins.
5. Time and half for working on holidays and another vacation day for each holiday worked.
6. Continuation of salary for a year if injured on the job.
7. No layoff guarantee.
8. Unlimited sick leave.

MANAGEMENT

Equalize pay and benefits within existing dollars, to do this it is necessary to:

1. Convert all employees to a schedule of four 10-hour days.
2. Increase the number of filled positionsto cut back on overtime
3. Minimize overtime by enforcing sick leave policies

Improve response time:

1. Enhance training
2. Remain fully staffed

1

CONTRACT PROVISIONS

THE COUNTYCONTRACT

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THE CITY CONTRACT

ARTICLE 1 EXTENT OF THE BARGAINING UNIT
The term "employees" as used in this Agreement shall include all employees for whom the Union was recognized as exclusive bargaining representative by Resolution No. 29, Series 1987, but excluding therefrom all positions supervisory in nature or above, as required under Ordinance No. 6, Series 1986.
Consistent with said Ordinance, this Agreement shall extend to all matters relating to wages, hours, terms and conditions of employment. This Agreement shall not extend to matters of inherent managerial policy as contained in the County Management Rights section hereinafter enumerated. /

ARTICLE 1 Union Recognition

Section 1.The City of Louisville, Kentucky (hereinafter referred to as the City) recognizes the Louisville Professional Firefighters Union, Local 345, IAFF, AFL-CIO-CLC (hereinafter referred to as the Union), as the exclusive bargaining representative with respect to wages, hours and other conditions of employment for all employees below the rank of Fire District Chief except the following positions: Business Manager - 1175, Fire Division Finance Administrator - 1129, Fire Prevention Coordinator - 1363, Personnel Technician I - 1263, Personnel Clerk III - 1070, Executive Secretary - 1085, Fire Hazardous Materials Specialist - 1740, Building Construction Specialist - 3182, Administrative Assistant I - 1302, Shop Supervisor Fire- 1257, Fire Personnel Computer Analyst - 1092, Manager I – 1330, Administrator of EMS Operations - 1361, Operations Supervisor-2218, Fire Marketing Coordinator - 2240, Billing Manager - 2233, Fire Administrative Assistant-1079, Local Area Network Manager-1078, and Fire Personnel/Pay Roll Specialist 2241.
The above non-union positions may be classified to other non-union positions, as the need dictates, on a one for one basis.
ARTICLE 4 PROBATIONARY PERIOD
Section 1.The initial probationary period is defined as an on-the-job evaluation period of not more than six (6) months, during which time an employee is required to demonstrate his/her fitness for employment.
Section 2. During the initial probationary period, employment shall be on a trial basis. During this period of time, the County may transfer, layoff or discharge said employee as it deems necessary. Such transfer, layoff or discharge shall not be subject to the grievance procedure as set forth in this contract. The County shall be allowed to extend the probationary period for up to 90 days by mutual consent of the Union.
Section 3. At the termination of the employee’s probationary period, he/she, if retained by the County, shall be placed on the regular seniority roster, and his/her seniority shall date from the most recent date of entry into a position within the unit. / ARTICLE 9 INITIAL PROBATIONARY PERIOD
Initial probationary employees shall be those defined in the Civil Service Rules in accordance with Civil Service Guidelines. All probationary periods are one (1) year in duration. Probationary employees shall be afforded the full protection of Article 5, Section 1.

Should a probationary employee either be drafted or enlist in the Armed Forces of the United States, he or she shall be granted a leave of absence without pay for the duration of his or her first enlistment. He or she shall accrue seniority the same as he or she would under continuous employment with the Department, provided, however, that upon his or her return to duty as an employee, he or she successfully completes his or her probationary period

ARTICLE 6 COUNTY MANAGEMENT RIGHTS
Section 1. The inherent right to manage, direct and control working forces in all respects is expressly reserved to CountyGovernment; subject to such limitations as are contained in this Agreement. The exclusive rights of the County shall include any subject not preempted by Federal or State law, or Municipal Charter, and, but not limited to:
(a)The right to direct the work of its County employees;
(b)The nondiscriminatory right to hire, promote, assign, transfer and retain County employees in positions within the public agency;
(c) The nondiscriminatory right to demote, suspend, discipline or discharge County employees for proper cause;
(d) The right to maintain the efficiency of governmental operations;
(e)The right to relieve County employees from duties because of lack of work, lack of funds or for other legitimate reasons;
(f)The right to take action as may be necessary to carry out the mission of the agency in an emergency;
(g) The right to determine the methods, means and personnel by which operations are to be carried on.
Nothing in this Agreement shall be construed as reducing the authority conferred by law on the County, or in any way abridging or lessening such authority.
Section 2.The Union agrees that it, and the employees that it represents, will cooperate with the County to assure those employees perform a fair day's work for a fair day's pay.
ARTICLE 7 GRIEVANCE PROCEDURE
Section 1.This grievance procedure is the exclusive remedy of the Union, County employees working pursuant to this Agreement, and the County.
Section 2.A grievance is defined as any dispute involving the interpretation or application of a specific provision of this Agreement, or term or condition of employment. It is understood and agreed that the timeframes listed below apply equally to both the County and the Union.
Section 3. In the foregoing article, when the Department Director is referenced, this shall also pertain to a designee of the Director, when so appointed.
Section 4.Written grievances provided for herein must contain the following:
(a)Signature(s) of the grievant(s);
(b)Specific statement of allegation or violation;
(c)Synopsis of the facts giving rise to the alleged violation;
(d)Date of the alleged violation;
(e)Specific relief or remedy requested.
Section 5. A Grievance Committee shall be established by the Department. The Committee shall consist, in part, of three (3) “street personnel,” selected by vote of the bargaining unit, according to procedures determined by the Union. These members shall represent a balance between all shifts and divisions. Three (3) alternates shall be selected by the same method, and will act in the absence of another Committee member, as directed by the Chief Steward. Committee members shall be compensated for any time lost from work during the performance of grievance reviews. The Department Director shall also select three (3) Committee members from management personnel, and shall appoint Alternates as needed, to accommodate absences. The Chief Steward, or designee, and a member of command staff selected by the Director, shall serve as ex officio members of the Committee.
Section 6. There will be no loss of pay or benefits to an employee prior to, or during, the Grievance Committee’s investigation and resolution of a situation giving rise to a grievance, except in the event of a major infraction that requires immediate job action be taken. Cause for such action is the result of behavior or conduct that places EMS or citizens at risk of harm.
Section 7. Grievances as herein defined shall be settled in the following manner:
Step 1 Within ten (10) calendar days from the date an employee knew or could reasonably have known of an alleged infraction giving rise to a grievance, the employee shall present a written grievance to the Department Director. The grievance must be received by the Director directly from a Steward. The Director shall forward all grievances to the Grievance Committee for review within 14 days of receipt, during which time the Committee shall convene to review the dispute.
Step 2. The Grievance Committee shall hear grievances and impose progressive discipline relating to minor infractions, as set forth in Article 18, based upon the facts of the case. The Committee shall have five (5) days from receipt of the grievance in which to render a decision. Majority vote by the Committee is required in order to impose discipline. If consensus cannot be reached verbally, voting by secret ballot shall be ordered. The decision of the Committee is final and binding, relating to all minor infractions.
If the Committee determines the infraction rises to the level of a major infraction, as set forth in the CBA, it may review the facts and, within five (5) calendar days, recommend disciplinary action to the Director. The recommended disciplinary action may be accepted and imposed by the Director. If the Director does not accept the recommendation, he/she shall meet with the Union to review the situation and come to an acceptable resolution, as set forth in Step 3, below.
Step 3.In the event the parties do not reach resolution of the issue at Step 2, whether relating to the steps toward resolution of either a minor or a major infraction, the grievance shall be presented to the Director and the Union for an attempt at mutual resolution. If this does not occur within (10) days, the matter shall be submitted to a predetermined mediator for review and resolution. In the event an independent mediator is used, the County and the Union shall share the costs equally.
The mediator shall have the authority to meet with the grievant and representatives of the County and the Union, and to make procedural rules consistent with the terms of this Agreement. The mediator shall make every effort to come to an amicable resolution to the matter. If this attempt is unsuccessful, the mediator shall commence a formal hearing. A written decision shall be issued within a reasonable period of time, setting forth the findings of fact and conclusions. The mediator shall be without power or authority to alter, amend, or modify any terms of this Agreement, or to offer any opinion, or make any decision that is contrary to, or violative of, the terms of this Agreement. The decision of the mediator shall only become binding upon mutual acceptance by the County and the Union.
Step 4. If the Union or County is not satisfied with the written decision of the mediator, an appeal may be presented to the County Judge/Executive, within seven (7) days of issuance of the decision.
Within ten (10) working days after receipt of the appeal, the County Judge/Executive or his/her representative, shall render a final written decision. This decision shall be binding with respect to contractual procedures under this Agreement only. / ARTICLE 28 GRIEVANCE PROCEDURE
Section 1.Any complaint or dispute concerning wages, hours and any other conditions of employment shall constitute a grievance within the meaning of this Agreement. The Union President or his authorized representative may report an impending grievance to the Chief of the Division of Fire or his authorized representative in an effort to forestall its occurrence. It is specifically understood that grievances hereunder may be filed by the City, as well as the employees and the Union.