The URL can be used to link to this page

2025-2369RESOLUTION NO. 2025-2369 A Resolution approving the proposed tentative 2026-2028 Labor Agreement by and between the City of Janesville and Firefighters Local Number 580 WHEREAS, the City of Janesville, Wisconsin, is a home-rule city incorporated under and operating under the Constitution and laws of the State of Wisconsin, Chapter 64 of the Wisconsin Statutes, and a certain Charter Ordinance specific for Janesville; and WHEREAS, the City of Janesville is a collective bargaining city and unit of government under Chapter 111.70, Subchapter IV, of the Wisconsin Statutes; and WHEREAS, the existing and operative 2023-2025 Labor Agreement between the City of Janesville and Firefighters Local No. 580 will expire on December 31, 2025; and WHEREAS, the City and Firefighters Local No. 580 have been engaged in the good faith collective bargaining process for a successor Labor Agreement; and WHEREAS, the City and Firefighters Local No. 580 have reached a tentative agreement to the terms of a successor 2026-2028 Labor Agreement, a true and correct photocopy of which is attached hereto, reiterated, and incorporated herein by reference as if fully set forth verbatim, which tentative labor agreement was ratified by the membership of Firefighters Local No. 580 on August 4, 2025, and WHEREAS, the proposed tentative successor agreement is recommended by the City Administration for Common Council approval, hereby finding it in the City’s best interests and of benefit to the community and taxpayers. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Janesville that they hereby approve the attached proposed tentative 2026-2028 Labor Agreement by and between the City of Janesville and Firefighters Local No. 580; and further direct the City Administration to execute same and implement the Agreement’s terms, conditions, and provisions on behalf of the City of Janesville and Common Council. Furthermore, the Common Council hereby empower the City Manager and his designee(s) from time to time and at any time, to draft, negotiate, and agree to whatever minor language changes, terms, and conditions to this Collective Bargaining Agreement (CBA) that they deem desirable and/or appropriate without the necessity for additional Council review or action. ADOPTED: APPROVED: Kevin M. Lahner, City Manager ATTEST: Lorena Rae Stottler, City Clerk-Treasurer APPROVED AS TO FORM: Wald Klimczyk, City Attorney Proposed by: Prepared by: Motion by: Second by: Councilmember Aye Nay Pass Absent Burdick Cass Erdman Miller Neeno Squire Williams August 25, 2025 Burdick Cass X X X X X X X January 1, 2026 through December 31, 2028 AGREEMENT BETWEEN CITY OF JANESVILLE And FIREFIGHTERS LOCAL NO. 580 TABLE OF CONTENTS Contents ARTICLE I ..................................................................................................................................... 5 PURPOSE OF AGREEMENT ......................................................................................................... 5 ARTICLE II .................................................................................................................................... 5 RECOGNITION ............................................................................................................................ 5 ARTICLE III .................................................................................................................................... 5 RATES OF PAY AND ACTING PAY .............................................................................................. 5 ARTICLE IV ................................................................................................................................... 8 OVERTIME PREMIUM AND CALL BACK ..................................................................................... 8 ARTICLE V .................................................................................................................................... 9 PAID HOLIDAYS ......................................................................................................................... 9 ARTICLE VI ................................................................................................................................. 10 HOURS OF WORK ..................................................................................................................... 10 ARTICLE VII ................................................................................................................................ 12 RETIREMENT CONTRIBUTIONS ............................................................................................... 12 ARTICLE VIII ............................................................................................................................... 12 HEALTH INSURANCE ............................................................................................................... 12 ARTICLE IX ................................................................................................................................. 13 LIFE INSURANCE ...................................................................................................................... 13 ARTICLE X .................................................................................................................................. 13 CLOTHING ALLOWANCE .......................................................................................................... 13 ARTICLE XI ................................................................................................................................. 13 UNIFORM MAINTENANCE ....................................................................................................... 13 ARTICLE XII ................................................................................................................................ 14 VACATIONS .............................................................................................................................. 14 ARTICLE XIII ................................................................................................................................ 15 DUTY INCURRED INJURY LEAVE .............................................................................................. 15 ARTICLE XIV ............................................................................................................................... 15 SICK LEAVE AND INJURY LEAVE .............................................................................................. 15 ARTICLE XV ................................................................................................................................ 17 BEREAVEMENT LEAVE .............................................................................................................. 17 ARTICLE XVI ............................................................................................................................... 18 LEAVE OF ABSENCE .................................................................................................................. 18 ARTICLE XVII .............................................................................................................................. 19 PROMOTIONAL PROCEDURE .................................................................................................. 19 ARTICLE XVIII ............................................................................................................................. 22 GRIEVANCE PROCEDURE ......................................................................................................... 22 ARTICLE XIX ............................................................................................................................... 25 EMERGENCY CALLBACK ........................................................................................................... 25 ARTICLE XX ................................................................................................................................ 26 PROBATIONARY PERIOD ......................................................................................................... 26 ARTICLE XXI ............................................................................................................................... 26 LOSS OR DAMAGE .................................................................................................................... 26 ARTICLE XXII .............................................................................................................................. 26 MEMBERS’ RIGHTS .................................................................................................................. 26 ARTICLE XXIII ............................................................................................................................. 28 MUNICIPAL AUTHORITY ......................................................................................................... 28 ARTICLE XXIV ............................................................................................................................. 29 NO STRIKE ................................................................................................................................ 29 ARTICLE XXV .............................................................................................................................. 29 COMPLIANCE WITH FEDERAL LAWS ....................................................................................... 29 ARTICLE XXVI ............................................................................................................................. 30 COMPLIANCE AND SEPARABILITY .......................................................................................... 30 ARTICLE XXVII ............................................................................................................................ 30 LAYOFF AND RE-EMPLOYMENT .............................................................................................. 30 ARTICLE XXVIII ........................................................................................................................... 30 PARAMEDICS ............................................................................................................................ 30 ARTICLE XXIX ............................................................................................................................. 33 DRIVERS.................................................................................................................................... 33 ARTICLE XXX .............................................................................................................................. 34 DEFERRED COMPENSATION .................................................................................................... 34 ARTICLE XXXI ............................................................................................................................. 34 SHIFT & STATION SELECTION ................................................................................................. 34 ARTICLE XXXII ............................................................................................................................ 35 DIVE TEAM ............................................................................................................................... 35 ARTICLE XXXIII ........................................................................................................................... 36 LIMITED DUTY .......................................................................................................................... 36 ARTICLE XXXIV ........................................................................................................................... 39 BILINGUAL CERTIFICATION INCENTIVE ........................................................................................................... 39 ARTICLE XXXV ............................................................................................................................ 41 HIV TESTING ............................................................................................................................ 41 ARTICLE XXXVI ........................................................................................................................... 41 INTERFACILITY TRANSFERS ..................................................................................................... 41 ARTICLE XXXVII .......................................................................................................................... 41 COMMUNITY PARAMEDIC ...................................................................................................... 41 ARTICLE XXXVIII ......................................................................................................................... 41 LATERAL TRANSFERS .............................................................................................................. 41 ARTICLE XXXIX ........................................................................................................................ 42 FIRE INSPECTOR .............................................................................................................. 42 ARTICLE XL .......................................................................................................................... 44 CHANGES IN TERMS OF AGREEMENT ..................................................................................... 44 ARTICLE XLI ........................................................................................................................ 45 TERMS OF AGREEMENT ............................................................................................... 45 FOR THE UNION FOR THE EMPLOYER ...................................................................................... 45 APPENDIX A .................................................................................................................................. 46 APPENDIX A .................................................................................................................................. 47 APPENDIX A .................................................................................................................................. 49 5 | Page ARTICLE I PURPOSE OF AGREEMENT The mutual agreement of the City of Janesville (“City”) and Firefighters’ Local #580, International Association of Firefighters (“Union”) is recognized by this Agreement for the operation of the Janesville Fire Department (JFD) under methods that will promote effective protection for the people of the City of Janesville and their property; safety to the Firefighter; economy of operation; cleanliness, and proper care of the equipment; facilities for the fair and peaceful adjustment of differences that may arise from time to time; and the promulgation of rules and regulations and ethical conduct of business and relations between the City of Janesville and its Firefighters and to this end this Agreement has been reached. It is further the intent of this Agreement to provide a greater degree of harmony and understanding between the City and the Union by setting forth the duties, responsibilities, and privileges of each with reasonable clarity. It shall be understood that in this Agreement all Articles or provisions are binding on both parties except in cases where provisions may be invalidated by law. This shall include any provisions, which, as expressed herein, would abrogate the City’s authority under law. The City and the Union agree that there will be no discrimination by either the City or the Union against any employee covered by this Agreement because of their membership or activities in the aforesaid Union nor will the City interfere with the right of such employees to become members of the Union. The City and the Union agree that neither will discriminate against any employee covered by this Agreement on the basis of race, creed, color, sex, age, national origin, or any other protected class as defined by the Equal Employment Opportunity Commission (EEOC). ARTICLE II RECOGNITION The City recognizes the Union as the sole or exclusive representative of all uniformed department employees and inspector(s) who are not supervisors, confidential employees, managerial employees, or executive employees. The Union recognizes the rights of all such employees as provided by law. ARTICLE III RATES OF PAY AND ACTING PAY A. An hourly rate for Recruits (assigned to a 40-hour week, 7-day work period) shall be established each year, after the Starting Firefighter base hourly wages are established. The pay schedule shall be attached to this Agreement as Appendix A. B. Effective, July 1, 2026, the base hourly wages shall be increased by 2.0% as indicated in Appendix A. Effective, January 1, 2027, the base hourly wages shall be increased by 3.0% as indicated in Appendix A. 6 | Page Effective, January 1, 2028, the base hourly wages shall be increased by 3.0% as indicated in Appendix A. C. Base hourly wages for After 9th Year Firefighter, Lieutenant and Captain shall be 4.0% greater than the respective wages for After 4th Year Firefighter and Starting wages for Lieutenant and Captain. D. Effective September 5, 1998, base hourly wages for After 14th Year Firefighter, Lieutenant and Captain shall be 5% greater than the respective wages for After 9th Year Firefighter, and After 9th Year Lieutenant and Captain. The 5% increase includes a 3% longevity step and 2% increase paid in lieu of any future acting officer assignment pay. The base hourly wages established for After 14th Year Inspector shall be increased by 2% as payment in lieu of any future acting officer assignment pay, thus establishing a new base hourly rate. E. Base hourly wages for After 19th Year Firefighter, Lieutenant and Captain shall be 5% greater than the respective wages for After 14th Year Firefighter, Lieutenant and Captain. Effective September 5, 1998, the base hourly wages established for After 19th Year Inspector shall be increased by 2% as payment in lieu of any future acting officer assignment pay, thus establishing a new base hourly rate. F. The percentage amount used to increase wages shall be determined to two decimal places (1/100 of a percentage point). Beyond two decimal places, calculations of .005 and above shall be rounded up and calculations below .005 shall be rounded down (i.e., 0.005 = 0.01 and 0.0049 = 0.0). G. Paramedic premium pay shall commence upon completion of all certification necessary to begin operating as a paramedic in the Janesville Fire Department system. H. Effective January 1, 2026, Engine Paramedics shall receive $100 per day for each day they are assigned to the ambulance. If the Medical Director or other outside influences, such as state or federal law, should require Engine Paramedics to be assigned to the ambulance in excess of 24 days per year, then the City and Union shall meet and resolve the issue. Engine Paramedics will receive such premium pay bi-weekly. Engine Paramedics may be assigned to the ambulance by the City for less than a day (24-hours). If assigned for six (6) hours or less, the employee shall receive a $25.00 payment, an assignment of more than six (6) hours to twelve (12) hours shall receive a payment of $50.00 and an assignment of more than twelve (12) hours to eighteen (18) hours shall receive a payment of $75.00. If assigned for more than eighteen (18) hours the employee shall receive the $100 payment, as referenced above. Engine Paramedics shall always receive the pay when assigned to the ambulance by the City and when fulfilling the minimum ride time requirement. Engine Paramedics may opt to ride the ambulance more than the minimum required ride time as long as it does not interfere with department operations. Engine Paramedics opting to ride this additional time will not receive the ride time payment. 7 | Page I. Fire Inspector(s) shall receive the following biweekly premium pay in addition to their base pay (see Appendix A for hourly rates): After 1 year as Inspector 5% above Starting pay After 4 years as Inspector 4% above After 1 Year pay Effective January 1, 2026, all employees will be required to serve on a minimum of two (2) specialty teams which may be selected by the Fire Chief. Teams will consist of JFD specialty teams, recognized JFD committees, and approved department projects. A “Teams SOG/Policy” shall be developed and mutually agreed upon by the Fire Chief and members of the Union to establish a list of specialty teams and committees. Any eligible JFD projects will be at the sole discretion of the Fire Chief, who may create, modify, or disband at any time. Effective January 1, 2026, the assigned team leader for the Dive Team, TEMS Team, Tech Rescue Team, and Haz-Mat Team shall receive 0.5% premium pay for that member’s participation during the time period assigned as Team Lead by the Fire Chief. J. Effective January 1, 1999, as a condition of employment, new firefighter hires must be EMT certifiable at the time of employment and must obtain such certification within 90 days. Any training necessary to obtain or maintain EMT certification shall be done on duty as much as possible. Any off-duty training scheduled by the Fire Chief shall be compensated at 1 and 1/2 times pay. K. Firefighter recruits may be assigned to a 40-hour work week in a seven (7) day work period or a 56-hour work week (24-hour days on shift) in a 27-day work period at the discretion of the Fire Chief. All hours scheduled in excess of the designated work week shall be compensated at overtime rates. An hourly rate of pay shall be established, as indicated in Paragraph A of this Article, for recruits assigned to the 40-hour work week schedule. Firefighter recruits assigned to the 56-hour work week schedule shall be paid the Starting Firefighter base hourly rate. Firefighter recruits assigned to the 40-hour work week schedule shall not be paid less than the biweekly rate of a starting firefighter. Firefighter recruits’ work period may be changed at the Fire Chief’s discretion. Upon completion of training, firefighter recruits assigned to the 40-hour work week schedule will be reassigned to the 56-hour work week schedule using the 27-day work period (29 U.S.C. Section 207 (k)) and classified as Starting Firefighters. L. The Fire Chief may establish department committees. Employees who serve on such committees shall do so voluntarily. If compensation other than 1 and 1/2 times pay or compensatory time is offered by the Fire Chief for performance of committee work while off duty, then it must be approved by Local 580 representatives and the Fire Chief. Any committees established by the Fire Chief shall be considered a “committee or team” assignment for the purposes of this contract and service on the committee will count toward the two-committee or team service requirement. 8 | Page ARTICLE IV OVERTIME PREMIUM AND CALL BACK Overtime for 56-hour personnel shall be defined as work required by the Fire Chief for consecutive scheduled hours in excess of the basic 24-hour duty day or work in excess of 204 hours of compensable work in a 27-day work period, pursuant to the Fair Labor Standards Act (FLSA) standards, and for any duty scheduled beyond the 216 hours in a 27-day work period. Overtime for 40-hour personnel shall be defined as any work in excess of the 40-hour week. Payment for overtime will be in accordance with this Article. A. Rate of overtime for 56-hour personnel will be one and one-half (1½) times the employee’s hourly rate of pay for all hours worked in excess of the 24-hour duty day or for work in excess of 216 hours in a 27-day work period. In recognition of the fact that the biweekly pay will include hours worked between 204 – 216 hours, the employee will receive as overtime compensation only 1/2 the normal hourly rate for compensable hours worked in that period. The rate of overtime for 40-hour personnel will be at one and one-half (1½) times the employees’ hourly rate of pay. Forty-hour personnel shall have the option to receive compensation for overtime in pay or time off. B. Overtime will be calculated to the minute of time worked. C. Overtime will be paid on a biweekly basis. D. A $35 minimum callback fee shall be paid to off-duty employees reporting to work for an emergency callback. In addition, 56-hour personnel shall receive pay at the rate of two times their hourly rate of pay for hours worked, with a minimum of one hour pay, calculated to the minute. Employees called between 0600 and 0700 on a scheduled duty day shall not receive the callback fee, but shall receive the applicable overtime rate. Employees called back prior to 0600 on a scheduled duty day shall receive the callback fee and applicable overtime rate. E. Continuation of duty will be calculated to the minute of time worked at 1 ½ times the employee’s hourly rate of pay. F. Court-related overtime is overtime earned due to time spent in court and/or time spent testifying in depositions stemming from the employee’s performance of duty. Travel time for court appearances. Actual travel time for court appearances and/or depositions will be compensated for in addition to time spent in court. G. Beginning 1-1-2016, personnel who are called in for interfacility transfers, or to back fill for interfacility transfers shall receive a minimum of three and one-half (3.5) hours of pay at one and one-half (1½) times the employee’s hourly rate of pay and minute for minute thereafter. H. While on Family and Medical Leave (FMLA), employees are prohibited from engaging in JFD employment related activities (e.g. training, committee meetings) without prior authorization from their medical provider and prior authorization from the Fire Chief. When authorized and approved, employees on FMLA engaging in JFD employment related activities on their normally scheduled 9 | Page duty day will receive their normal compensation and will not be charged sick leave for the time engaged in the activity. When authorized and approved, employees on FMLA engaging in JFD employment related activities on other than their normally scheduled duty day will receive compensation in the same manner as off duty employees not on FMLA. ARTICLE V PAID HOLIDAYS A. Fifty-six (56) hour personnel are eligible to receive a holiday account of seven (7) days (one hundred sixty-eight hours) per calendar year. Employees may elect to utilize this account as paid time off taken in 24-hour increments or elect to keep these days in the account and receive a cash payout for the unused days. Fifty-six (56) hour employees may place the days on the vacation calendar or in their holiday account. Eligible 56-hour personnel may utilize one (1) of the above- referenced seven (7) holidays as paid time off taken in six (6) hour increments, provided the request for, and utilization of, this paid time off complies with all other requirements set forth in this Article. When taking the time off, 56-hour personnel shall have until November 1 of each year to use or schedule such holiday time off. The cash pay-out will be made on the first pay period in December at the employee’s applicable hourly rate, and include all hours in the employee’s holiday account not already used or scheduled to be used as time off. If an employee becomes sick or injured after the November 1 deadline and is unable to use their scheduled holiday time off, then any remaining hours would be paid in the final paycheck in December. New 56-hour personnel must be employed the full twelve (12) months of the calendar year to receive the entire 168 hours of Holiday compensation. New 56-hour personnel employed for less than the full 12 months shall receive a prorated Holiday account based upon the portion of the year worked. Fifty–six (56) hour personnel terminating employment for any reason before completing work for a full twelve (12) months in a calendar year must pay back to the City a portion of the Holiday account paid to them for holidays during the year. This pay back will be based on the portion of the year worked, with the 56-hour personnel being eligible for the portion of the 168-hour account equivalent to the portion of the year worked. B. Holiday time off will be drawn after vacation draw, in accordance with Article XII of this Agreement, and on a seniority basis. C. The Fire Inspectors will be granted ninety-six (96) hours pay per calendar year for holiday time off. Unless otherwise approved by the Fire Chief, they will not work the following days: New Year’s Day Labor Day Martin Luther King, Jr. Day Thanksgiving Day Memorial Day Christmas Day Independence Day 10 | Page D. A request must be submitted to the Fire Chief or their designee for approval when the Inspector desires to use the holiday time off. No carryover of holiday time off will be allowed and no payment will be made if the holiday time off is not used in the calendar year. ARTICLE VI HOURS OF WORK A. Definitions. 1. The work day for 56-hour personnel will consist of a twenty-four (24) hour shift beginning at 7:00 AM and ending at 7:00 AM the following day. 2. The work week for 56-hour personnel will average 56-hours, using the three (3) battalion system. The work week for 40-hour personnel will consist of forty (40) hours. 3. A work period for 56-hour personnel will consist of a twenty-seven (27) day period during which the shift personnel will be scheduled for 216 hours of duty. Shift personnel will be paid overtime after 204 hours of compensable work in a 27-day period. Employees assigned to a 40-hour schedule will be scheduled for 40-hours of duty during a 7-day work period, Sunday through Saturday. B. Work Hours for 56-hour Personnel. 1. All non-emergency duties (with the exception of public relations) for 56-hour personnel will be scheduled Monday through Friday between the hours of 0700 and 1630, and Saturday between the hours of 0700 to 1145. There shall be a one-half (1/2) hour break, two 15- minute breaks, and a 105-minute lunch break between the hours of 0700 and 1630 to be taken as non- emergency and emergency duties permit. There shall be no non-emergency duties (with the exception of public relations) scheduled after 1145 on Saturdays. On Sundays and on holidays only routine housework, public relations, and necessary vehicle checks will be performed. Holidays are listed below. 2026 2027 2028 New Year’s Day Jan. 1 Jan. 1 Jan. 1 ½ Day Martin L. King Jr. Jan. 19 Jan. 18 Jan. 17 ½ Day Presidents’ Day Feb. 16 Feb. 15 Feb. 21 Memorial Day May 25 May 31 May 29 Independence Day July 4 July 4 July 4 Labor Day Sept. 7 Sept. 6 Sept. 4 September 11 Sept. 11 Sept. 11 Sept. 11 Veterans Day Nov. 11 Nov. 11 Nov. 11 Thanksgiving Day Nov. 26 Nov. 25 Nov. 23 Day After Thanksgiving Nov. 27 Nov. 26 Nov. 24 ½ Day Christmas Eve Dec. 24 Dec. 24 Dec. 24 Christmas Day Dec. 25 Dec. 25 Dec. 25 ½ Day New Year’s Eve Dec. 31 Dec. 31 Dec. 31 11 | Page 2. Emergencies shall be handled immediately regardless of time or day. When an emergency occurs during hours not scheduled for non-emergency duties, vehicles and equipment will merely be returned to a state of readiness. Emergencies shall not be scheduled. 3. Planned or anticipated deviations from the hours of work may occur provided a “Memorandum of Understanding” (MOU) between the City and Union is agreed to and signed by both parties. Only the Union President, Union Secretary, Fire Chief, Human Resources Director and City Manager may sign a MOU. When a deviation occurs, any affected members of the Bargaining Unit shall receive adjusted standby time from non-emergency work hours as noted in the MOU. 4. Public relations may be performed between 0700 and 2100. 5. The parties agree the JFD may conduct up to six trainings per battalion per year outside of the normal work hours described in B 1 above. The first three trainings per battalion per year shall not be made up with reductions in the duty day on other days, but the last three trainings per battalion per year shall be made up. In addition, nothing herein shall preclude the Company Officer and the individual employee from mutually agreeing to flex the duty day as described in B 1 above to accomplish daily duties or other training opportunities. C. Work Day Change for 56-hour Personnel. 1. Substituting for one of the 56-hour personnel of the bargaining unit may occur only under all of the following conditions: a. Short term trades (12 hours or less) will not be restricted. b. New employees hired after January 1, 2011 shall be limited to 12 (24) hour trades during their probation, until the completion of their training required for Paramedic skills (if applicable), Map tests, and the Recruit Task Book. c. All trade considerations shall conform to the “Workday Substitutions” Policy mutually agreed to by the Fire Chief and the Union. 2. Substitutions for Union activities (examples) a. Convention b. School for workers c. Committee functions 3. One member of the bargaining unit may substitute for another member so that the member scheduled to work may have time off to participate in Union conventions, schools, etc., provided that the substitution of such time does not result in overtime liability to the City. 12 | Page ARTICLE VII RETIREMENT CONTRIBUTIONS A. Employees shall contribute the employee’s share to the Wisconsin retirement system as established by law. B. Contribution rates are determined and approved by Employee Trust funds from time to time. C. All such payments made by the employee under the terms of this article shall be treated as employee contributions and not municipal contributions subject to the provision of Wisconsin Statutes 40.05(2m). ARTICLE VIII HEALTH INSURANCE All probationary and full-time employees shall be eligible to participate in the group hospital, surgical and medical insurance programs as delineated below. Effective January 1, 2026, through December 31, 2028, eligible employees may participate in the health, dental and vision plans offered by the City for non-represented employees, as modified from time to time by the City, and effective on the plan dates set by the plans or the City, as modified from time to time. Employees shall pay the monthly premium copayments set by the City for non-represented employees depending upon the plan option selected by the employee. Employees participating in a health assessment (HA), including a meeting to discuss the results, shall be eligible for a discount in the applicable premium contributions equal to 1% of the total premium cost of the selected health plan. The parties agree that employees will contribute up to 12% of the total premium as the employee share for 2026, 2027, and 2028. A. Employees retiring under this contract, past contracts since 1999, or under future contracts shall have the rights and benefits set forth in employee health plan documents. The following identifies the premium contributions for retirees: 1. Employees retiring in 2005 and future years: The premium contributions shall be based upon the plan option selected in the year of retirement, and shall be increased by 5% per year thereafter. Such retirees who change health plan options during open enrollment shall pay a premium contribution for the newly selected plan based upon the amount of the contribution applicable for such plan in the year they retired with annual 5% increases thereafter. 2. Employees hired after January 1, 2016 shall be entitled to a maximum of ten (10) years of health insurance coverage beginning on date of retirement or until eligible for Medicare or Medicaid. 3. Retiring employees shall use and follow the City’s retirement guide. The retirement guide allows the employee and the City to plan for the employee’s retirement. Retiring employees shall submit a 90-day letter of intent to retire with the specific anticipated date 13 | Page of retirement. In this way, the City can plan on filling the retiring employee’s position. If an employee wants to change or cancel their retirement date, then they may do so as long as the employee’s job has not been offered to a replacement employee. The JFD, upon request of the retiring employee, shall keep the employee apprised of the status of the process of hiring a replacement, and shall give the retiring employee 3 business days’ notice that a job offer is being made to the replacement employee. An employee's separation date for all purposes will be the last day actually worked, except for employee retirement and disability pensions provided under the Wisconsin Retirement System (WRS). For employees who work 24-hour shifts, the start of their last shift will be considered their last day. B. In the event an employee has exhausted their sick leave accumulation during an absence due to an illness or injury caused by non-work reasons, the employee shall then pay their own health insurance premium. C. The City will pay the additional premiums for dependents’ coverage to age twenty-five (25) or lifetime if disabled, according to the terms of this Article. ARTICLE IX LIFE INSURANCE Employees will be entitled to participate in the life insurance program provided by the City and the City will continue its present contribution toward the payment of premiums. The City will pay the premium for employees and retirees. The City reserves the right to substitute equivalent coverage at any time. “Retiree” includes duty-incurred disability retirees under WI Stat. Sec. 40.65. Effective as soon as practical after the signing of this Labor Agreement, the City shall offer a supplemental life insurance program to employees at their expense through payroll deduction. ARTICLE X CLOTHING ALLOWANCE There shall be a duty clothing allowance from which 100% of the necessary clothing costs shall be paid by the City. The City shall pay the full cost of turnout gear, which cost shall not be charged against the clothing allowance. The clothing allowance program shall be administered and controlled by the Fire Chief. The City’s cost per year per employee shall not exceed $500, effective January 1, 2026. The above shall include shoes for up to two pairs of shoes annually. Uniform shorts may be worn following administrative guideline 1-12. The City shall replace personal cell phones that are damaged while bargaining unit members are actively engaged in emergency response activities to a maximum of $200 per year independent of the $500 maximum set forth above. ARTICLE XI UNIFORM MAINTENANCE The City will pay for the necessary costs of cleaning employee Class A uniforms with said policy to be administered by the Fire Chief. Cleaning of uniforms and Personal Protective Equipment (PPE) shall be the 14 | Page responsibility of the Employee. The City shall provide the equipment cleaning products and facilities for employees to clean their uniforms and PPE, including those items which are contaminated with bodily fluids. In the event the equipment and cleaning products are insufficient to properly clean the uniforms and PPE, the City shall pay the cost of cleaning at an appropriate laundering facility. ARTICLE XII VACATIONS A. Employees working the 56-hour-per-week schedule shall be granted vacation as follows: After 1 year of service 3 work days After 4 years of service 6 work days After 8 years of service 8 work days After 10 years of service 10 work days After 11 years of service 11 work days After 12 years of service 12 work days After 13 years of service 13 work days After 14 years of service 14 work days After 15 years of service 15 work days After 24 years of service 16 work days Employees hired on or after 1 January 1986, working the 56-hour per week schedule shall be granted vacation as follows: 1 January; 0 years of service – prorated at 6 hours per month rounded up to the full day 1 January after 1 year of service 3 working days 1 January after 4 years of service 6 working days 1 January after 7 years of service 8 working days 1 January after 10 years of service 10 working days 1 January after 11 years of service 11 working days 1 January after 12 years of service 12 working days 1 January after 13 years of service 13 working days 1 January after 14 years of service 14 working days 1 January after 15 years of service 15 working days 1 January after 24 years of service 16 working days B. Employees working the 56-hour-per-week work schedule shall draw vacation as follows: 1. On each shift the vacation draw will proceed by seniority through the bargaining unit with each person drawing as many consecutive days as desired, subject to the prescribed limit. Succeeding draws shall be conducted similarly until all vacation days are drawn. 2. Battalion Chiefs will draw in seniority, along with the 56-hour personnel for vacation picks. Captains may not draw vacation on any day previously drawn by a Battalion Chief. Either a Battalion Chief or a Captain must be scheduled for duty each day. 15 | Page 3. No more than four (4) members of the bargaining unit may draw the same vacation day. 4. After initial vacation draw has been completed, vacation day changes may be made if one of the four slots are open. 5. The Battalion Chief’s vacation draw constitutes the fifth individual on vacation when the day drawn is also drawn by four (4) bargaining unit personnel. 6. Three (3) officers will be allowed off with the Battalion Chief included as one of the officers. ARTICLE XIII DUTY INCURRED INJURY LEAVE For each duty-incurred injury, the employee shall be placed on duty-incurred injury leave status and shall be granted full pay until returning to duty, or until such time as the employee is adjudged unable to perform the duties of their position and is granted a pension pursuant to Wisconsin Statutes. Such full pay does not deduct from sick leave. No other type of work leave may be used while the employee is on duty-incurred injury leave. In certain cases, as determined by the Fire Chief, this benefit shall not be available after 30 calendar days from the injury, unless continued absence from duty is found to be necessary by an independent medical provider at the City’s expense. Further examination and decision by such independent medical provider will be required at the City’s expense. It is the responsibility of the employee to request substitution of scheduled time off during duty-incurred injury leave. The employee’s name will not be removed from scheduled time off until the employee requests it. Employees who notify the JFD Administration of the need for FMLA are required to complete the JFD’s FMLA Checklist. The checklist is intended to ensure that the employee’s contractual benefits, such as vacation and compensatory days, are administered according to their preferences. In cases of extended duty-incurred injury leave, the employee will notify the Fire Chief or their designee immediately with medical documentation including their return to work date, or if no return to work date is specified, then after the next medical examination. ARTICLE XIV SICK LEAVE AND INJURY LEAVE Sick leave and injury leave shall be accumulated at the rate of one (1) work day per month from date of employment to a maximum of 102 work days for 56-hour personnel and to a maximum of 132 work days for 40-hour personnel. However, no sick leave or injury leave shall accumulate during absences from which an employee does not return to work. For 56-hour personnel, up to three (3) days per year (measured by the 365 days preceding the requested day) may be used for the minor (non-FMLA) illness of dependent children under the age of sixteen (16), provided the employee’s absence cannot reasonably be avoided and the child is under the direct care of the employee. The use of sick leave for a minor child’s non-FMLA 16 | Page illness counts as one of the five casual sick days, except when a medical provider’s excuse is provided. In this case, the absence for the minor child’s non-FMLA illness will be an excused sick day. Effective upon the signing of this Labor Agreement, 40-hour personnel may take up to five (5) days per year (measured by the 365 days preceding the requested day) for the minor (non-FMLA) illness of dependent children under the age of sixteen (16), provided the employee’s absence cannot reasonably be avoided and the child is under the direct care of the employee. A. The employee will receive regular pay for sick leave and injury leave used. B. The rules for granting sick leave and injury leave are: 1. Report at least one (1) hour before the work day to the Battalion Chief for every day of absence. 2. In cases of extended sick leave and injury leave, the employee will notify the Fire Chief or their designee immediately with medical documentation including their return to work date, or if no return to work date is specified, then after the next medical examination. 3. Permit the City to make medical examinations as it deems necessary. 4. Special cases may be extended by mutual agreement between the City and the Union. 5. The employee shall submit a medical provider’s examination slip or report in cases of excessive sick leave as requested by the Fire Chief or their designee. For the purposes of this Article, medical provider is defined as Medical Doctor, psychiatrist, chiropractor, podiatrist, Physician Assistant, Nurse Practitioner, Dentist, Oral Surgeon, Clinical Psychologist, and Nurse-Midwife. 6. Failure to comply with Section B-1 will result in the loss of one day sick leave for each day missed and may also result in disciplinary action. 7. In case of situations beyond an employee’s control such as sudden illness, heart attack, kidney stones, or any other that would make it impossible for the employee to report, Section B-1 would not apply. 8. If an employee is sick and off duty, the employee’s sick leave shall be reduced to the nearest quarter hour to the employee’s greatest advantage not worked because of sickness. C. Excessive Sick Leave. 1. Any excess of five unexcused sick days taken in a twelve (12) month period must have a medical provider’s written consent. 2. This five (5) day limit can be waived at the discretion of the Fire Chief for any extenuating circumstances. 3. The definition of an excused absence is as follows: “Absence from work which has been 17 | Page certified to by a Medical Provider as a medically necessary absence.” 4. It shall also be an excused absence if any employee is sent home from duty with an illness. D. Pay for Unused Sick Leave. 1. Fifty-six (56) hour personnel who have accumulated over ninety (90) work days of sick leave each year will be paid for the number of work days or fraction thereof accumulated above ninety (90) days at the rate of thirty-five ($35.00) dollars per work day. Effective January 1, 1999, sick leave records shall run from January 1 to December 31 of each year. Payout for sick leave shall be based on this time period and payment shall be made on the last pay period in January of each year. Effective for the payout for 2011, the daily rate shall be increased to $100.00 per day. 2. Fire Inspectors who have accumulated over one hundred- twenty (120) work days of sick leave each year will be paid for the number of work days or fraction thereof accumulated above 120 days at the rate of thirty-five (35) dollars per work day. Effective January 1, 1999, sick leave records shall run from January 1 to December 31 of each year. Payout for sick leave shall be based on this time period and payment shall be made on the last pay period in January of each year. day. Effective for the payout for 2011, the daily rate shall be increased to $100.00 per day. 3. Employees who receive such payment shall have their accumulation reduced to ninety (90) or one hundred-twenty (120) work days of sick leave, depending upon their work schedule. 4. If a 40-hour employee transfers to the 56-hour work week, they shall have their accumulation dropped to 90 days and all days above 90 shall be paid for at the current daily rate. 5. Upon retirement, the employee shall be paid $25.00 per day per unused sick day up to 90 sick days for 56-hour personnel and up to 120 days for 40-hour personnel. Any sick days over 90 or 120 shall be paid at the daily rate of $100.00, as stated in Sections 1 and 2 of this Article. 6. The use of sick leave as paid substitution for FMLA shall count against the sick leave payout described in this Section. ARTICLE XV BEREAVEMENT LEAVE A. All employees will receive time off without loss of pay, if normally scheduled to work, for a death in the immediate family, beginning from the time of death to the next scheduled work day after the funeral/memorial service or three days, whichever is less. Immediate family is defined as: spouse, child, parent, legal guardian, sibling, grandparents, and grandchildren. The same provisions will apply for bereavement leave for grandparents and grandchildren of spouse, parent-in-law, and sibling-in-law. 18 | Page All employees will receive time off without loss of pay, if normally scheduled to work, for a death of a child-in-law, and the step-family, beginning from the time of death to the next scheduled work day after the funeral or two work days, whichever is less. Step-family is defined as step-parent or step-sibling. The Fire Chief or designee, in their sole discretion, may grant requests for variations from this schedule, provided the exercise of such discretion is not subject to the grievance procedure, and shall be on a non-precedential basis in all cases. B. Bereavement leave shall not be deducted from sick leave. C. Additional time will be given for travel, provided proper notice is given to the Fire Chief or their designee, and the need for additional time is shown. D. After notifying the Fire Chief or their designee at least twenty-four (24) hours in advance, members shall be granted off with pay when called upon to act as pallbearers, with such time off not to exceed eight (8) hours. ARTICLE XVI LEAVE OF ABSENCE A. The City agrees to excuse members with pay for the following reasons, provided a state of extreme peril does not exist to life and/or property, and provided proper notice is given to the Fire Chief or their designee. 1. Emergencies involving the immediate family for a reasonable time, not to exceed four (4) hours. Such leave shall be charged against the employees’ school compensatory time off (SCTO) or sick leave banks, at the discretion of the employee. 2. The employee will (with the permission of the officer in charge) receive time for hospital visitation after the routine duties. 3. No more than two (2) Union officers for processing grievances covered in this Agreement. 4. Leaves of absence in excess of this Agreement shall be granted with the approval of the Fire Chief or their designee. 5. When other leaves of absence not covered in this Agreement are granted with the approval of the Fire Chief, the employee will pay 100% of the health insurance premium. B. All medical leaves and absences taken by employees are covered by Articles XIII, XIV and XV of this Agreement. The guidelines described in these Articles (XIII, XIV and XV of this Agreement) are to be used instead of – not in addition to – the Medical Leave provided under Wisconsin Statutes 103.10, unless the time off is for FMLA purposes. 1. FMLA shall be consistent with state and federal laws. 19 | Page 2. Employees shall pay the full cost of health insurance premium after FMLA exceeds the limits permitted by law. 3. Seniority shall continue to accrue while employees are on FMLA. ARTICLE XVII PROMOTIONAL PROCEDURE The following promotional procedure will be followed for protective service personnel to the rank of Lieutenant and Captain: A. Officer Task Book (OTB) The candidate that wishes to be part of the promotion process will have to have the entire Officer Task Book completed by the start of the promotion process. The booklet can be accessed by a candidate after they complete their MPO standards and are considered an MPO (Wisconsin State Certification) on the JFD. The Officer Development program including the booklet is reviewed and agreed upon by the Fire Chief or their designee and representative from Local 580. Candidates must have successfully completed and passed Fire Officer 1 and Fire Instructor class; state certification optional. B. For Promotion to Lieutenant After the OTB is completed, the candidate is eligible to take part in the promotion process. This process will take part every 2 years unless the list is exhausted. Once a new process is announced the candidate will contact the Fire Chief or their designee to enter the promotion process. The candidate will have 30 days to complete a resume, letter of intent, and enter their information into the City’s applicant tracking software. After the 30 days, the Fire Chief or their designee will contact the candidate to verify they are entered into the process. C. Assessment Center The candidate will be advised on the time and place of the Assessment Center 14 days prior to the time. The Assessment Center will consist of 5 separate tasks, 3 of which will be a tabletop exercise, disciplinary scenario/coach and counsel, and resume review. The other 2 tasks will be announced the day of the Assessment Center. The Assessment tasks and point sheet will be agreed upon by the Fire Chief or their designee and the Union. At least two JFD Administrative Chief Officers, and one Captain shall form an Evaluation Committee for the Assessment Center. There will be no changes to the evaluators once they are picked. All tasks will be the same for each candidate. The Assessment Center is worth 45% of the candidate’s final score. Each task will be graded on 20 points each for a total of 100 points. Those points will then be turned into a percent based on the 45%. For example: 100 points in the Assessment center will get the candidate 45 points towards the candidate’s final ranking. 80 points will get the candidate 36 points towards the candidate’s final ranking. 20 | Page D. Education Education is based off the candidate’s highest degree. The points from education will be taken off the candidate’s resume. Education is worth 40% of the candidate’s final score. Education points are below: Any Associates Degree = 40 points Fire or EMS Associates Degree = 60 points Bachelor’s Degree = 80 points Master’s Degree = 100 points Those points will then be turned into a percent based on the 40%. For example: 100 points in the assessment center will get the candidate 40 points towards the candidate’s final ranking. 60 points will get the candidate 24 points towards the candidate’s final ranking. E. Seniority Seniority is based off the candidate’s seniority on the JFD at the time of the resume due date. The points for seniority will be taken off the candidate’s resume. Seniority is worth 15% of the candidate’s final score. Seniority points are below: 10 years = 10 points 15 years = 60 points 11 years = 20 points 16 years = 70 points 12 years = 30 points 17 years = 80 points 13 years = 40 points 18 years = 90 points 14 years = 50 points 19 years or more= 100 points Those points will then be turned into a percent based on the 15%. For example: 100 points in seniority will get the candidate 15 points towards the candidate’s final ranking. 50 points will get the candidate 7.5 points towards the candidate’s final ranking. F. Paramedic Points After the Assessment Center, Education, and Seniority points are totaled all candidates that have served as an Ambulance Paramedic for 7 years will get a total of 5 points added to their final score. A quarter point for each year starting at 8 years and ending at 30 years will be added after that for Ambulance Paramedics. 7 years = 5 points 15 years = 7 points 23 years = 9 points 8 years = 5.25 points 16 years = 7.25 points 24 years = 9.25 points 9 years = 5.50 points 17 years = 7.50 points 25 years = 9.50 points 10 years = 5.75 points 18 years = 7.75 points 26 years = 9.75 points 11 years = 6 points 19 years = 8 points 27 years = 10 points 12 years = 6.25 points 20 years = 8.25 points 28 years = 10.25 points 13 years = 6.50 points 21 years = 8.50 points 29 years = 10.50 points 14 years = 6.75 points 22 years = 8.75 points 30 years = 10.75 points 21 | Page The Evaluation Committee will add the scores for each category above and establish a list from highest score to lowest score. In the event there is a tie score, the candidates with the same scores will be placed on the list according to their seniority. This list shall make up the Lieutenant’s Promotional List. The list will be forwarded to the Fire Chief. The Fire Chief will select a candidate for promotion from the top four individuals on the Lieutenant’s Promotional List within ten business days that the Lieutenant’s opening occurs and is authorized to fill based on the actual vacancy. Then this individual’s name and resume will go before the Janesville Police & Fire Commission (PFC) for final approval. This promotion will take effect when the actual vacancy is open due to resignation or retirement but only after such appointment for promotion is approved by the PFC and at the start of the next payroll period after final approval by the PFC. This applies only if there is an approved Lieutenant Promotional List available for promotion and there is an open vacancy. After the employee is promoted, all remaining candidates on the Promotional List will move up one ranking to be considered for the next position of Lieutenant. This process repeats itself until two years elapse or until there are no longer four candidates remaining on the Promotional List. After the Promotional List has been approved and published, each employee participating in the Lieutenant’s promotional process may meet with the Deputy Fire Chief(s) participating in the Evaluation Committee and the Fire Chief to discuss their comparative evaluation if they desire. G. Acting Lieutenants When an acting Lieutenant is needed, the Battalion Chief shall give first preference to the top four employees on the Lieutenant’s Promotional List. Opportunities for acting time should be offered to the top four candidates as equally as possible. Second preference will be in rank order of the other candidates on the Lieutenant’s Promotional List. If all of the individuals on the list decline the acting duties, then the Battalion Chief shall assign an employee to the duties. Employees must perform the acting duties when assigned. H. For Promotion to Captain Non-officers wishing to be considered for the promotion to the rank of Captain must have taken part in the current Lieutenant’s promotion process. Lieutenants are automatically eligible to be considered for promotion to Captain. Up to twelve Lieutenants are allowed to participate in the process. If less than eight Lieutenants apply, the top ranking (in order by score) non-officers from the Janesville Fire Department Officer Qualification Evaluation seeking the position of Captain shall be added to form a group of eight to continue to the Assessment Center. The candidate will have 30 days to complete a resume, letter of intent, and enter information into the City’s applicant tracking software. After the 30 days, the Fire Chief or their designee will contact the candidate to verify they are entered into the process. At least two JFD Administrative Chief Officers, and one Captain shall form an Evaluation Committee for the Assessment Center. There will be no changes to the evaluators once they are picked. All tasks will be the 22 | Page same for each candidate. The Captain’s process will include an Assessment Center, education, seniority and paramedic points similar to the Lieutenant’s process. All of the candidates participating will follow the same guidelines as the Lieutenant’s process in Article XVII C-F. The Evaluation Committee will rate each candidate from first to last (rank order list). This Rank Order List will establish a Captain’s Promotional List to be forwarded to the Fire Chief. The Fire Chief will select a candidate for promotion from the top four individuals on the Captain’s Promotional List within ten business days that the Captain’s opening occurs and is authorized to fill based on the actual vacancy. Then, this individual’s name and resume will go before the PFC for final approval. This promotion will take effect when the actual vacancy is open due to resignation or retirement but only after such appointment for promotion is approved by the PFC and at the start of the next payroll period after final approval by the PFC. This applies only if there is an approved Captain Promotional List available for promotion and there is an open vacancy. After the employee is promoted, all remaining candidates on the final Captain’s Promotional List will move up one ranking to be considered for the next position of Captain. This process repeats itself until two years elapse or until there are no longer four candidates remaining on the Captain’s Promotional List. I. Acting Captains When an Acting Captain is needed, first preference will be given to the top four individuals on the Captain’s promotional list regardless if they hold the rank of Lieutenant. Opportunities for acting time should be offered to the top four candidates as equally as possible. Second preference will be given to the remaining individuals in the Captain’s process. If the individuals on the Captain’s promotional list are not available, then shift Lieutenants shall be assigned as Acting Captain. The Battalion Chief shall even the work load out so that all shift Lieutenants shall perform the job of Acting Captain. When performing as Acting Captains, Lieutenants shall not be separated from their normal station and crew for more than one three-day tour of duty at any one time, unless a Lieutenant, in the Captain’s process, desires to act more frequently. ARTICLE XVIII GRIEVANCE PROCEDURE The City and the Union must comply with all current State and Federal laws that govern grievance and disciplinary proceedings. Both the Union and the City recognize that grievances should be settled promptly and at the earliest possible stage. The grievance process must be initiated within ten (10) days (Saturday, Sunday and holidays excluded) of the incident, or knowledge of its occurrence, or the grievance is barred. Any difference of opinion or misunderstanding which may arise between the City and the Union regarding the interpretation or application of a specific provision of this Agreement shall be processed as hereinafter set forth. All other differences of opinion which do not involve such interpretation or application shall terminate with the decision of the City Manager. Grievances beyond the first step shall be under the full 23 | Page control of the Union, not any individual or group of individuals. Saturdays, Sundays and holidays will be excluded from the count of days for each time frame listed in this Article. The Union may appoint no more than three (3) stewards and shall inform the City of the names of the individuals so appointed and of any change of names thereafter made in such appointments. The City shall allow a steward the necessary time to process grievances during the course of the duty day, provided however, they first secure the permission of the Fire Chief or their designee. Unless the grievance is of a pressing or emergency nature, the Union steward will not act in a manner to interfere with normal work training or work schedules. In no case will the City be required to replace more than two (2) Union stewards or officers to process a grievance. This shall not act to limit the number of off-duty employees in attendance in any meeting on grievances. The Fire Chief or their designee shall make temporary transfers of individuals involved, to the extent practicable, to enable the necessary participants to be present. The “necessary participants” shall be defined as the primary party and no more than two (2) Union stewards or officers. Step 1. The aggrieved employee shall present their grievance in writing to the Fire Chief within ten (10) days of the incident, or knowledge of its occurrence. The Fire Chief shall, within ten (10) days, hold an informal meeting with the employee and the Union representative. The Fire Chief shall issue a written decision within ten (10) days of this meeting. Step 2. If the Union desires to proceed with the grievance, it shall be presented in writing to the City Manager or their designee. The City Manager or their designee shall schedule a meeting of the parties and issue a written decision within fifteen (15) days of receipt of the grievance. Step 3. If the Union desires to proceed from Step 2 with the grievance, it shall serve upon the City a notice in writing within ten (10) days of the date of the receipt of the City Manager’s written decision of its intent to proceed to final binding arbitration. Said notice shall identify the grievance, portion of the contract involved, and the employee involved. Unless the parties can, within five (5) working days following the receipt of such written notice, agree upon the selection of an arbitrator, either party may request a panel of five (5) staff arbitrators from the Wisconsin Employment Relations Commission (WERC). In the event there are insufficient staff arbitrators, the WERC shall supplement this list with arbitrators randomly selected from its ad hoc arbitrator list. From such panel, each party shall alternatively strike two persons with the party requesting the panel to strike the first name. The remaining name shall be the arbitrator. The arbitrator shall neither add to, detract from, nor modify the language of this agreement in arriving at a determination of any issue presented. The arbitrator shall expressly confine themselves to the issues submitted for arbitration, and shall have no authority to determine any other issues not so submitted, or to submit observations or declarations of opinion which are not directly essential to reaching a determination. All expenses which may be involved in the arbitration proceedings shall be borne by the parties equally. However, expenses relating to the calling of witnesses or the obtaining of depositions or any other similar expenses associated with such proceedings shall be borne by the party at whose request such witnesses or depositions are required. 24 | Page The arbitrator so selected shall hold a hearing at a time and place convenient to the parties within ten (10) days of the notification of their selection, unless otherwise mutually agreed upon by the parties. The arbitrator shall take such evidence as in their judgment is appropriate for the disposition of the dispute. Statements of position may be made by the parties and witnesses may be called. The arbitrator shall have initial authority to determine whether or not the dispute is arbitrable under the express terms of the Agreement. Once it is determined that this dispute is arbitrable, the arbitrator shall proceed in accordance with the provisions of this Article to determine the merits of the dispute submitted to arbitration. All records pertinent to a grievance covered by this Article shall be made available to the Union or the City upon request for the purpose of handling this grievance. Official Union correspondence from the City to the Union will be mailed to the residence of the Union President. It is the responsibility of the Union President to inform the City of their correct mailing address, and if it should change, to inform the City in writing. When the President of the Union is out of town, they shall designate, in writing to the City, the individual who is to receive official Union correspondence and their mailing address. A. Disciplinary Proceedings 1. The City shall not discipline a member of the Bargaining Unit without just cause as outlined below. 2. In the event of such discipline, the employee or the Union may grieve the discipline under the grievance procedure set forth above in this Article, unless the discipline involves employee rights within the jurisdiction of the PFC under Section 62.13, Wis. Stats. Specifically, discipline in the form of suspension, demotion, suspension and demotion or termination are not subject to the grievance procedure. In the event the employee exercises Section 62.13 rights, the Fire Chief shall file charges with the PFC only if the employee wishes to proceed under Section 62.13. The employee’s sole recourse from the decision of the PFC shall be in accordance with the appeal procedures provided in Section 62.13 Wis. Stats. 3. Determination of Cause. In any grievance of a disciplinary matter under the terms of this Article, the standard to be applied by management and the appellate bodies shall be whether or not there is cause for the discipline given all of the facts and circumstance constituting the grounds for the imposition of discipline or the determination to file charges. Cause shall be determined by applying the following criteria: a. Was the employee given advance notice of the possible or probable disciplinary consequences of the employee’s conduct or was the conduct for which discipline is proposed to be imposed of such a nature that the employee knew or should have known that it was improper? 25 | Page b. Was the conduct upon which discipline is to be imposed reasonably related to the effective and efficient operation of the JFD? c. Prior to determining to impose discipline, did the Fire Chief, or their designee, make an effort to investigate the facts relating to the conduct for which discipline is proposed? d. Was the Fire Chief’s, or their designee’s, investigation conducted fairly and objectively? e. Did such investigation produce sufficient evidence or proof that the employee was guilty of the conduct for which discipline is proposed? f. Has the Fire Chief, or their designee, applied a disciplinary penalty without discrimination? g. Was the degree of discipline administered in the particular case reasonably related to the seriousness of the employee’s proven offense and employee’s record of service with the JFD? 4. It is intended by the parties that in the event a grievance is filed pursuant to the Grievance Procedure of this Collective Bargaining Agreement, the Grievance Procedure in the Collective Bargaining Agreement shall be the sole and exclusive remedy of the City, the Fire Chief, the Union, and the employee in question, and that no other discipline may be meted out to any employee based upon the subject matter of the grievance in question. 5. This Section on Disciplinary Proceedings shall comply with Federal and State laws. B. The bargaining unit may appoint representatives of the bargaining unit and shall inform the City of the names of the individuals so appointed and of any change thereafter made in such appointments. The City shall allow the representatives the necessary time to process grievances during the course of the duty day. ARTICLE XIX EMERGENCY CALLBACK A. Off duty employees may be called back to work in the event of an emergency. B. A procedure for emergency callback and callback for interfacility transfers shall be developed, agreed to, and signed jointly by the JFD and the Union. The procedure shall not be changed except by written agreement of both parties. C. Employees shall not be disciplined for failure to respond to a call back unless specified in the procedure outlined. D. Nothing in this Article shall be construed to mean that conditions placed on the employees’ activities are so restrictive that the employee cannot use the time effectively for personal pursuits 26 | Page or such on call time shall be compensable, pursuant to FLSA standards. E. The intent of emergency Call back is not to reduce minimum daily staffing. ARTICLE XX PROBATIONARY PERIOD A. All new employees shall serve a probationary period of eighteen (18) months, unless extended by the Fire Chief for a period not to exceed an additional six (6) months, and shall have no seniority rights during this period but shall be subject to all other clauses of this Agreement. The employee and/or the Union will not have the right to challenge the extension of the probationary period by the Fire Chief, provided that nothing herein shall be deemed to waive any statutory right of an employee. The probation of a probationary employee eligible (in accordance with the applicable Federal and State Acts) for and requesting Family and/or Medical Leave under the Federal Family and Medical Leave Act of 1993 and/or Wisconsin Family or Medical Leave Act of 1988, shall be automatically extended by the length of the Leave. All employees who have completed the probationary period shall be known as permanent employees and the probationary period shall be considered part of the seniority time. B. Officer Probation 1. The new Officer probationary period will be twelve (12) months, unless extended by the Fire Chief for a period not to exceed an additional six (6) months. 2. The new Officer and/or the Union will not have the right to challenge the extension of the probationary period by the Fire Chief, provided that nothing herein shall be deemed to waive any statutory right of the new Officer. ARTICLE XXI LOSS OR DAMAGE The employer agrees that the employee shall not be charged for any loss or damage of City-owned property unless clear proof of malicious intent or gross negligence is shown. ARTICLE XXII MEMBERS’ RIGHTS A. Dues Deduction. 1. The City agrees to deduct monthly dues in the amount certified by the Union from the pay of employees who individually sign a dues deduction authorization form supplied by the Union affirmatively consenting to the deduction of dues from the employee’s paycheck, including any Union dues which the employee has authorized to be deducted in conjunction with Union dues. 27 | Page 2. It shall be the Union’s responsibility to obtain dues authorization forms from new employees and provide them to the City no less than 30 days prior to the date in which dues deductions are to commence. 3. The City shall notify the Union of all new hires assigned to the bargaining unit within 30 days of their start date. 4. The City shall deduct the combined dues amount each month for each employee requesting such deduction, upon receipt of such form and shall remit the total of such deductions, with a list of employees from whom such sums have been deducted, to the Union in one lump sum not later than the last day of each month. 5. Authorization of dues deduction by a voluntary member may be revoked upon notice in writing to the City or to the Union 580. 6. No employee shall be required to join the Union, but membership in the Union shall be made available to all employees in the bargaining unit who apply consistently with the Local Association Constitution and By-Laws. No employee shall be denied membership because of race, creed, color, sex or other legally protected class status. 7. It is expressly understood and agreed that the Union will refund to the City or the employee involved any dues erroneously deducted by the City and paid to the Local Association. The Union shall indemnify and hold the City harmless against any and all claims, demands, suits, order, judgments or any other forms of liability against the City which may arise out of the City’s compliance with this Article. 8. The City agrees to deduct monthly from the wages of any employee who is a member of the Union, FIREPAC and charity 501c3 deductions as provided for in a written voluntary authorization agreed upon between the Union and City. Such authorization must be voluntary and executed by the employee and may be revoked by the employee at any time by giving written notice to both the City and the Union. The Union agrees to limit the number of suggested optional FIREPAC and charity 501c3 deductions to three or four each. An employee may change their voluntary FIREPAC and charity 501c3 deduction one time per year. The City agrees to remit any deductions made pursuant to this provision to the Union Treasurer together with an itemized statement showing the name of each employee from whose pay such deductions have been made and the amount deducted during the period covered by the remittance. The Union agrees to indemnify and save the City harmless in the event of any legal controversy involving this provision. B. Business and meetings of the Union’s Members. 1. Union members agree that the normal and regular business of the Union members shall be conducted off the job as much as possible except that the Union members shall be allowed to hold their meetings in Fire Station #1 without loss of pay provided that no fire emergency exists as is the present practice. 28 | Page 2. Officers or representatives of the Union shall be permitted to meet individually with members during working hours for a reasonable period of time without loss of pay for such officers or such members; provided that no fire emergency exists, or work is scheduled which requires specialized knowledge of the officer or member. 3. The Union’s president and secretary shall be granted permission to switch duty stations to attend Union members’ meetings in Station #1 after the normal duty day; provided that no fire emergency exists, or work is scheduled which requires the specialized knowledge of the president or secretary as is the present practice. 4. Members of the Union shall be permitted to participate in collective bargaining sessions without loss of pay as is the present practice. In no event shall the bargaining committee exceed six (6) members of the Union. This section shall not apply in the event of a fire emergency, in which case such Union members shall report to their respective required duty stations. ARTICLE XXIII MUNICIPAL AUTHORITY The City and the Fire Chief have the right to plan, direct, and control the work force; to schedule and assign employees; to determine the means, methods, and schedules of operations; to establish standards; to sub-contract, and to maintain efficiency of employees. The City also maintains the sole right to require employees to observe rules and regulations, to hire, to lay off or relieve employees from duty, to maintain order, to suspend, demote, discipline, and discharge employees. The City shall not take any action which violates the provisions of the Wisconsin Statutes and all provisions of this paragraph relating to hiring and relieving of protective service employees, suspension, demotion, and discharge shall be under the direction and control of the PFC. The City has the right to temporarily assign JFD personnel to any other duties at such time as civil emergencies or acts of God threaten to endanger, or actually endanger, the public health, safety, welfare, or the continuation of municipal services. The City shall use discretion and reason in making such temporary assignments which shall not be continued beyond the duration of such emergencies. The City has the right to determine what constitutes a civil emergency as expressed in this section. Nothing in the preceding three sentences shall ever be construed as giving the right to assign JFD personnel to any duty not being performed by other City personnel because of a labor dispute. The City shall not assign JFD personnel to duties which involve working on, or with, non-department equipment or normally done by other City employees. Personal amenities known to any current, non-union supervisory personnel of the City, currently practiced by bargaining unit personnel and which primarily relate to mandatory subjects of bargaining shall not be changed except as follows: The City shall notify the Union of any anticipated changes, and the parties shall meet and discuss the change. If no written agreement can be reached within 10 calendar days of the notice to the Union, and the City believes the personal amenity does not relate to a mandatory subject of bargaining, the parties agree that the issue shall be resolved by an expedited joint petition for declaratory ruling filed by the City to the WERC. The WERC shall reach a decision within 30 calendar days of the filing of the petition by the City. During this 29 | Page process, the City shall not end the alleged personal amenity. If the WERC determines the personal amenity is a mandatory subject of bargaining, and no written agreement has been reached, the personal amenity shall not be changed. ARTICLE XXIV NO STRIKE It is understood and agreed by and between the parties that neither the Union as a structured group or any members of the Union individually or in concert, agreement, or simultaneous action with other members, shall authorize, instigate, aid, condone, or engage in any strike, work stoppage or other action at any time which will interrupt or interfere with the operation of the City’s government or the JFD. No member of the Union shall cause or take part in any strike, work stoppage, slow down, or other actions which will interrupt or interfere with the operation of the City or the JFD. In the event of a violation of this section, the Union agrees to take affirmative steps with the members concerned; such as letters, bulletins, telegrams and membership meetings, to bring about an immediate resumption of normal work. Should there be a violation of this section, there shall be no discussion or negotiation regarding differences or disputes during the existence of such violation or before normal work has been resumed except by mutual agreement of the parties. If the City notifies the Union that it is discontinuing discussions because of a violation of this section by the Union, or some of its members, no emergency leaves or leaves of absence shall be granted and all claimed sick leave must be sustained daily by satisfactory evidence by a licensed physician, that the sick leave and its continuation are medically necessary. This section is agreed to by both parties based on the understanding that services performed by members of the Union and their uninterrupted continuation are essential to the public’s health, safety, and welfare. For that reason, this section shall continue in full force and effect beyond any termination date of this Agreement. Any provisions thereof shall never be abridged, modified, waived, nor in any way made ineffective, except by express written declaration by the City. The City agrees that it will not “lock out” employees covered by the terms of this Agreement. ARTICLE XXV COMPLIANCE WITH FEDERAL LAWS The Union, in recognition of the fact that certain Federal laws and administrative rules under such laws impose obligations upon the management and operations of the JFD, agree that the City may establish procedures, rules, regulations, and practices to conform the operations of the JFD to such laws and rules. Federal laws involved include, but are not limited to, the Occupational Safety Health Act (OSHA) and the Fair Labor Standards Act (FLSA). Nothing herein shall prevent the Union from negotiating other methods of complying with such laws. The actions taken pursuant to this Article are subject to the grievance procedure. In the event compliance with such Federal laws may be achieved by alternative means, the City shall select such means as are also in compliance with the terms and conditions of this Agreement unless unreasonably expensive, in which 30 | Page case alternate methods of compliance shall be subject to negotiations as set forth above. ARTICLE XXVI COMPLIANCE AND SEPARABILITY A. The City and the Union agree to comply with all applicable Federal and State laws and regulations with respect to the employment and decisions by the WERC or judicial bodies interpreting such laws or regulations which may affect the terms and provisions of this Agreement. B. If any Article or Section of this Agreement, or any Supplements thereto, should be held invalid by operation of law or any tribunal of competent jurisdiction, or if compliance with or enforcement of any Article or Section should be restrained by such tribunal pending a final determination as to validity, the remainder of this Agreement and any Supplement thereto, shall not be affected thereby. C. In the event that any Article or Section is invalid; or enforcement of, or compliance with, same has been restrained, as above set forth, the City and the Union shall enter into immediate negotiations, upon request of either, for the purpose of attempting to arrive at a mutually satisfactory replacement. ARTICLE XXVII LAYOFF AND RE-EMPLOYMENT A. When it becomes necessary because of need for economy, lack of work or funds, or other just causes to reduce the number of employees within the bargaining unit, any emergency, special, temporary, part-time or provisional employees, if any, shall be dismissed first and thereafter employees shall be dismissed in the order of the shortest length of service in the JFD. B. The name of an employee dismissed for any cause as set forth above, shall be left on an eligible re-employment list for a period of two years after the day of layoff. If any vacancy occurs or if the number of employees is increased in the department, such vacancies or new positions shall be filled by persons on such list in the reverse order of dismissal of such persons. The prior seniority shall be reinstated. C. The Union and City agree to discuss the option of employee furloughs when the City has decided that a layoff is necessary. ARTICLE XXVIII PARAMEDICS All protective service employees of the bargaining unit shall be afforded equal opportunity to apply for paramedic training. For all protective service employees hired after September 30, 1977, the City shall make it a condition of employment that such new hires be Paramedics. Their Paramedic training shall begin at the discretion of the City. Such new hires will be required to proceed with all necessary training to become Paramedics as 31 | Page positions for Paramedics are opened. Until required to proceed with Paramedic training such new hires shall be classed as Firefighters. Once so required, such new hires must promptly proceed to become Paramedics and then remain qualified and active as Paramedics unless released as set forth below. Paramedic trainees who do not successfully complete paramedic training shall be subject to discipline, up to and including discharge at the Fire Chief’s discretion and shall reimburse the City for the cost of tuition, books (if not included in tuition) and the medical exam (if required). Effective January 1, 2026, an employee sent to Paramedic School shall be obligated to serve eight (8) years for the City as a paramedic. If the employee fails to complete six (6) consecutive years of service as a certified paramedic for the City, then the employee shall reimburse the City for the cost of tuition, books (if not included in tuition), and the medical exam (if required) (collectively the “City-approved educational costs”). The employee shall repay to the City the City-approved educational costs as follows: A. If the last date of service is within one year of the time after the employee is certified as a paramedic, then the employee shall pay the City the full amount of the City-approved educational costs. B. If the last date of service is after one year and within two years of the time after the employee is certified as a paramedic, then the employee shall pay the City three-fourths of the City-approved educational costs. C. If the last date of service is after two years and within three years of the time after the employee is certified as a paramedic, then the employee shall pay the City one-half of the City-approved educational costs. D. If the last date of service is after three years and within four years of the time after the employee is certified as a paramedic, then the employee shall pay the City one-fourth of the City-approved educational costs. E. A City-approved leave of absence caused by medical, military service, education, or other approved reasons shall not be deemed break in consecutive service for the purposes of triggering the reimbursement obligations identified above. However, the corresponding term within the repayment schedule above shall be deemed to automatically extend accordingly for the period when the leave occurs to include the timeframe corresponding with that period of leave. F. Any of the City-approved educational costs due and owing the City may be deducted from the employee’s paychecks provided the paychecks shall still include all minimum wages and overtime wages required under FLSA and Wisconsin law. In the event the residual amount from the employee’s final paychecks is insufficient to cover the remaining City-approved educational costs due and owing to the City, then the employee shall be personally responsible for paying the remaining amounts due and owing the City within thirty (30) days, and the City shall be entitled to institute legal proceedings for the collection of the principal amounts due. Paramedic trainees may be assigned to a 40-hour work week in a 7-day work period or a 56-hour work week (24-hours on shift) in a 27-day work period. If the City selects the trainees, this training will be considered mandatory and all hours worked in excess of the designated work period will be compensated 32 | Page at overtime rates. The Fire Chief shall determine the station and shift assignments for probationary employees and paramedic trainees who are non-probationary until they fully complete paramedic schooling. Employees engaged in Paramedic training will not have their regular biweekly checks reduced, even if the number of hours of scheduled training is less than forty (40) hours in a seven (7) day work period or less than 216 hours in a 27-day work period. Employees working on a seven-day work period schedule shall waive all call backs. After successful completion of Paramedic training and reassignment to a regular shift as a Paramedic, all Paramedics shall be compensated at overtime rates for one-day mandatory training and testing to retain their status as Paramedics when such is done outside regular duty. The local Medical Director may schedule mandatory training sessions. Attendance shall be scheduled on duty as much as possible. Paramedics engaged in vocational enrichment outside regular duty will receive straight time compensatory time off for the activities approved by the Fire Chief or their designee. Unless conditions change, the City intends to have a minimum of nine (9) Ambulance Paramedics for each primary ambulance. When there are fewer than the minimum number of Ambulance Paramedics, the City shall as early as possible train or hire new paramedics. Paramedic Officers and Paramedic paid drivers shall be Engine Paramedics. Ambulance Paramedics who desire to be reclassified as firefighters or Engine Paramedics shall notify the Fire Chief. If there are nine (9) Ambulance Paramedics for each primary ambulance left after the reclassification, then the employee shall be reclassified. The promotion of an Ambulance Paramedic to Lieutenant or Captain which causes the number of Ambulance Paramedics to fall below the minimum is acceptable and shall not hinder the promotion in any way. In case of multiple requests for reclassification, first preference shall be given to those medically certified as “burned out.” The Medical Director shall certify “burn outs.” Such certification shall, if possible, include a date of when the paramedic activities of such a paramedic shall terminate. An ambulance paramedic who has served in that capacity for a minimum of fifteen (15) years may be reclassified with no restrictions. If paramedic requirements change, the City and Local 580 agree to meet and resolve any problems created by the changes. Any records concerning “burn out” shall not be placed in any file to be reviewed for promotion. The Union and the City further agree that the Paramedic classification is not a position of extra pay or an advanced position within the meaning of WI Stat. Sec. 40.65. This is an ancillary duty, not an advanced position or pay class. Beginning 1-1-2016, personnel hired as Paramedics shall be obligated to serve six [6] years as a paramedic within their first eight [8] years of employment. The parties intend that this provision exclusively apply to employees hired after 1-1-16. Beginning January 1, 2026, personnel hired as Paramedics shall be obligated to serve eight (8) years as a paramedic within their first ten (10) years of employment. The parties intend that this provision exclusively apply to employees hired after January 1, 2026. 33 | Page RELEASE FROM PARAMEDIC CONDITION OF EMPLOYMENT Paramedics shall be released from the condition of employment upon one of the following three (3) conditions; however, in all such cases the employee shall maintain their EMT certification for the balance of their employment: 1. Eligible to become an Engine Paramedic; 2. Promotion to an officer position; or 3. “Burn Out” as described above. PRECEPTORS PRECEPTOR DUTIES. An equal opportunity will be provided for all Paramedics to apply for the Preceptor position. The number of Preceptors will be determined by the JFD and the Medical Director. When needed as a Preceptor, as determined by the Fire Chief or their designee acting officer duties are waived by the Preceptor. Compensation for off-duty preceptor training will be reimbursed at one and one-half (1 ½) times pay or compensatory time off, as determined by the employee. Precepting after the normal duty day, up to four (4) hours of time needed to complete the program, as determined by the Medical Director. ARTICLE XXIX DRIVERS All paid Driver positions are subject to the following: A. Drivers certification shall be offered annually, if needed, by September 1. Driver recertification shall be offered annually by September 1. If an employee is not able to attend the certification or recertification date because of previously scheduled time off, they will be allowed to make up the test on an alternate date. B. To be eligible for Driver’s pay, a Firefighter must pass the Driver’s standards and testing process as determined by the Fire Chief. It is the intent of both parties that seven (7) positions per shift will be filled with paid Drivers at all times. If circumstances arise where a position becomes vacant or is anticipated to become vacant in the near future and no qualified drivers are available, a testing process will be run as soon as possible. C. Each Firefighter, to remain eligible for Driver’s pay, must satisfactorily complete refresher training and testing. A committee of Union and JFD administration personnel will be formed to annually review and recommend to the Fire Chief the training and testing content. The committee will consist of 2 Union members selected by Local #580 and 2 JFD administration members selected by the Fire Chief. The Fire Chief or their designee shall decide what the training and testing content will be, as well as, judge of whether a Firefighter’s performance is satisfactory. D. Any Firefighter who qualifies to be classified as a driver under this process may be declassified for 34 | Page just cause, which may include intangible factors. E. There shall not be more than seven (7) paid drivers per shift. If there are more than seven Firefighters qualified as Drivers on a shift, the seven shall be chosen on the basis of seniority. ARTICLE XXX DEFERRED COMPENSATION Employees are eligible to participate in the Deferred Compensation Plans jointly agreed to by the City and the Union. In 2014, the Wisconsin Deferred Compensation Program shall be added as an option. Effective 1 January 2015, the city will match employee contributions to the employee’s choice of Deferred Compensation plan up to a maximum of one percent (1%) of the employee’s wages. ARTICLE XXXI SHIFT & STATION SELECTION A. Fifty-six (56) hour personnel in the bargaining unit shall be allowed to select their shift and station duty assignments according to the following procedure: 1. The Sign-up for positions shall begin annually on or about September 1. 2. Fifty-six (56) hour personnel may select an assignment in any one of these classifications for which the employee is qualified: a. Captain b. Lieutenant c. Paramedic d. Driver e. Firefighter II 3. The order of selection shall follow seniority within each of the above classifications. 4. Probationary 56-hour personnel shall be assigned to shift duty by the Fire Chief at the end of their recruit training. Thereafter, they shall be allowed to select only their shift assignment, provided the selection can be made prior to anyone making a second-round vacation draw. 5. Provided it does not create either a conflicting direct or indirect supervisor- subordinate relationship immediate family members shall be eligible to select the same shift but not the same station. B. Overtime compensation for those 56-hour personnel who work in excess of the normal 216-hour work period as a result of the transfer process that occurs January 1st, will be granted only to the least senior employee in each of the classifications except Firefighter II but including Firefighter; such least senior individual will receive overtime compensation only if they have no choice in the assignment. All others shall receive compensation based on the provisions of 29 USC Section 207(k) for time worked in excess of their normal amount. 35 | Page Overtime compensation shall be one and one half (1½) times the individual’s hourly rate or they shall receive an additional day off plus 12 hours comp time to be logged with the Battalion Chief, at the Fire Chief’s discretion. C. The Battalion Chief may make transfers within a shift because of personnel and/or ability problems. Once shift and station selections are made, transfers between shifts will be made only as deemed necessary by the Fire Chief. When a 56-hour personnel is transferred midyear to another shift by the Fire Chief under this Section, except in the case of their promotion, the individual shall receive one (1) day pay at their rate of time and one half (1½). Effective 1 January 2013, if there is a staffing increase of three personnel (56-hour shift personnel, total of ninety (90) including the Battalion Chief), the Fire Chief may consider newly hired probationary employees as flexible staff. The Fire Chief may transfer the flexible staff at the 27-day FLSA periods to either A, B, or C shift with the flexible staff firefighter/ paramedic not receiving the one (1) day pay at their rate of time and one half. In the event staffing falls below ninety (90) no employee, including the Battalion Chief shall be considered flexible staff. D. Fifty-six (56) hour personnel desiring to trade positions “within” their shift shall be allowed to do so as set forth below: 1. An individual who wants to change assignment will notify their Battalion Chief who will announce the opening. 2. Those employees of the same classification wishing to trade with the employee from #1 above shall sign a list. 3. The assignment to the vacated positions will be made by seniority of those people included on the list formed by #2 above. ARTICLE XXXII DIVE TEAM A. Personnel Guidelines 1. The JFD shall maintain a minimum of 18 divers trained for duty. 2. There shall be a two (2) diver minimum per day. 3. Maintenance training shall be conducted six (6) times per year (4 hours per session). All qualified divers per shift shall be eligible for time and one-half (1½) pay for training for the four (4) mandatory dives to maintain qualifications. 4. Dive team members shall not be restricted in their initial vacation, comp time, or personal day draw due to their diver status. 5. Dive Team members shall be entitled to free compressed air for recreational diving. 36 | Page 6. Dive team members may not use JFD equipment for recreational diving. 7. Authorized personal gear used for JFD training and emergencies shall be replaced or repaired by the JFD if damaged. 8. Firefighters desiring to become Dive Team members shall participate in a qualification exercise conducted by the trained Dive Team members. 9. Compensatory time at time and one-half (1½) will be granted for dive training in addition to the four (4) mandatory dives per year. B. Transfer Guidelines Transfer of personnel to facilitate shift balance of divers shall fall into two (2) categories. 1. INITIAL SHIFT PICK. Divers will voluntarily choose shifts to ensure a minimum of six divers per shift. In the event a shift does not have at least six divers, then transfers will be made asking for volunteers first and then by transferring the least senior diver possible. 2. MID-YEAR TRANSFER. Any movement of divers after initial shift equalization will be considered a mid-year transfer. Movement of divers in mid-year will be accomplished by volunteers moving first, then the least senior diver in the classification needed. In the event a non-diver is moved to maintain balance on the shifts, the least senior person of the classification needed will be moved. Individuals being transferred shall not lose their premium pay status if receiving such. ARTICLE XXXIII LIMITED DUTY A. DEFINITION Limited duty is a concept which allows an ill or injured employee to work during their period of convalescence when released by a medical provider to do so. Limited duty is an optional program for employees on extended, non-work-related illness or injury leave. B. EMPLOYEE RESPONSIBILITY When an employee is ill or injured and unable to perform full regular duties for an extended period of time, they shall have the treating medical provider complete a “Medical Information Report.” An extended period of time is more than three (3) normal work days for 56-hour personnel and more than five (5) normal work days for 40-hour employees. This report provides the employee and the City with the medical providers diagnosis and the following information. 1. Target date for return to full duty. If unable to determine a return date, a date for re-evaluation will be given and another “Medical Information Report” will be completed. 2. Determination of employee’s ability to perform limited duties until the return to full duty 37 | Page or re-evaluation date. 3. Determination of the employee’s limitations and abilities. 4. Determination of any permanent disability. C. DEPARTMENT RESPONSIBILITY If an employee is injured on the job, the JFD is responsible to provide for necessary medical treatment and obtain written details of the incident. In the case of either an illness or a work-related injury, the JFD is also responsible to ensure that all required sick leave and/or injury report forms (WC-12, Employee’s Injury Report and Supervisor’s Report of Injury/Accident), including medical provider certifications, are accurately completed and provided on a timely basis. If the employee cannot immediately return to their regular job, the JFD, with the assistance of the employee, employee’s medical provider and Human Resources Office, will determine if the employee can return to work on limited duty status so that the employee may return to work during the period of recovery and within the restriction of activities assigned by the attending and consulting medical provider. This arrangement is anticipated to be temporary, with the intention that the employee will resume their unlimited regular job in the future. The JFD shall develop a list of duties that are considered limited duty status work, for the purpose of the medical provider to review and determine if the work is within the restriction of activities assigned by the medical provider. Limited duty status work must include a description of physical requirements of the job. Limited duty status work may include, but is not limited to, the following: 1. Inspection duties 2. Kitchen duties 3. Station maintenance 4. Conduct training sessions 5. Pre-fire planning 6. Public education The JFD or Human Resources Office shall remain in communication with the ill or injured employee and their medical provider to make sure that the employee receives adequate care and proper procedures are followed. D. MEDICAL PROVIDER RESPONSIBILITY It is strongly encouraged that medical providers treating an ill or injured employee will consider abilities and not disabilities when determining the diagnosis, prognosis, treatment schedule, target return-to-work date and physical restrictions. E. CONDITIONS FOR LIMITED DUTY STATUS Limited duty status shall be coordinated between the JFD, Human Resources Office, employee, employee’s medical provider and/or City designated medical provider. Limited duty status shall be provided under 38 | Page the following conditions. 1. It must be expected that the ill or injured employee will be unable to perform their regular full duties for an extended period of time. (Section II, Employee Responsibility, contains definition of “extended period of time.”) 2. There must be productive work available. 3. The employee must have medical authorization to return to work and their limitations must be clearly indicated on their Medical Information Report. 4. Any employee assigned to limited duty status due to illness of injury shall continue to receive all compensation and fringe benefits, including accumulation of seniority attached to their normally assigned position. 5. Once it is determined that the ill or injured employee (56-hour employees) may return to limited duty, the employee may opt to perform their limited duties on the normal shift schedule for up to seven (7) days, under the following conditions. a. Approval by the employee’s attending medical provider. b. Up to eight (8) hours of limited duties may be performed during the hours of 0700 to 1630. c. From 1630 to 0700 the following day, the employee will be assigned as aide to the Battalion Chief. d. All hours worked in excess of the regular schedule will be compensated at one and one-half (1½) times pay. e. Employees unable to return to full duty after seven (7) days of shift schedule limited duty shall report for additional 40-hour limited duty no sooner than the third calendar day following their last shift work day. 6. Unless specifically noted (as in Section 5), the schedule for limited duty presumes 40-hours of work Monday through Friday. Employees on limited duty status shall not work in excess of eight (8) hours per day unless the attending medical provider gives approval for up to ten (10) hours per day. Adjustments to this schedule may be made as outlined in Section 12. All shift employees shall remain classified as such with 27-day work periods. 7. Employees who work 40-hours per week on limited duty status shall not be charged sick leave. Fifty-six (56) hour personnel who work less than 40-hours per week on limited duty status shall be charged with sick leave for the number of hours between those worked and 56. (Unless duty incurred, in which case no sick leave is charged.) 8. When a holiday (those listed in Article V) occurs during the period an employee is on limited duty status, except for those employees using the provisions of Section 5, the 39 | Page employee will not report to work on the holiday. They shall be charged with 1/12 of the annual holiday time off unless other provisions are made. 9. Employees authorized by their attending medical provider to work limited duty shall be released for appointments and/or therapy related to the illness/injury. 10. Vacation/Holiday Comp Days. Employees who have been transferred to a 40-hour limited duty schedule and have two or more consecutive shift days off (vacation calendar) shall be allowed two days off (40-hour schedule) for each scheduled shift day on the calendar. Time off will cover like periods. 11. Employees must be well enough to perform limited duties in the normal work place. 12. Alternative arrangements to the above may be worked out between the attending medical provider, the City, the employee and a representative of the Union (Executive Board Member) on a case by case basis. Objection to the alternative arrangement by any of the parties named in this Section will nullify the alternative and the employee shall be subject to the conditions set forth in 1 through 11 above. ARTICLE XXXIV BI-LINGUAL CERTIFICATION INCENTIVE The City recognizes that employees with proficiency in more than one language improve the quality of service the City can provide to City residents, businesses, and visitors based on diverse languages communicated within the City. To that end, the City will compensate employees proficient in a second eligible language that enables the employee to better serve City residents, businesses, and visitors, with a Bilingual Certification Incentive. For the purpose of this article, English is considered to be the primary language. This article applies to City employees who are fluent in a second eligible language determined by the Human Resources Office and have passed the necessary City testing requirements determined for that eligible language. To be eligible to receive a Bilingual Certification Incentive, an employee must pass an examination certifying their ability to communicate in a non-English language designated by the City as an eligible language. Employees in positions eligible to receive a Bilingual Certification Incentive must achieve a passing score in a testing process established to measure proficiency. The Human Resources Office will select a service provider to administer bilingual proficiency testing to applicants for, or incumbents of, a designated bilingual position. A. Testing requirements for a Bilingual Certification Incentive will primarily involve oral, writing (including reading) language skills, interpreter, and translator ability. Testing may include a standardized written competency test and an oral examination. 40 | Page B. The City will pay for up to two (2) bilingual certification tests per employee, per eligible language in a calendar year. C. Arrangements to take the certification test must be made through the Human Resources Office. D. All testing will be conducted by an independent service provider selected by the City. The City will rely on the independent service provider’s recommended passing level for determining proficiency (e.g., on a scale of 1 – 12, a minimum score of 9 is required for proficiency in a particular test). E. Testing results will be sent to the Human Resources Office and the employee. F. Successful completion of the certification test will result in the employee receiving a Bilingual Certification Incentive for bilingual skills beginning with the first pay period of the month following the successful test. G. Employees who pass the examination must recertify their proficiency skill every three (3) years. H. A Bilingual Certification Incentive will not be retroactive. Employees who are certified will be added to a list of bilingual City employees, and will be expected to assist various City departments with bilingual communication needs as part of their job duties when the need arises. The Bilingual Certification Incentive will be awarded at the following skills: SKILL MONTHLY INCENTIVE Conversational (listening and speaking for oral proficiency) $50 Writing (includes reading proficiency) $50 Translator $100 Interpreter $100 American Sign Language (ASL) certification will be based upon a test designed to measure skills in vocabulary, grammar, comprehension, and competency in ASL communication. Employees certified in ASL will be eligible for a $200 monthly incentive. The maximum monthly incentive in a calendar year is $500. 41 | Page ARTICLE XXXV HIV TESTING A. Employees may, at their voluntary option, take a confidential blood test for the HIV virus to establish a baseline. Thereafter, the City will pay for any tests required as a result of a duty incurred significant exposure to HIV. Both the voluntary confidential test and any tests required as a result of a duty incurred significant exposure shall be performed at a clinic or by a medical provider approved by the City. B. Medical records for such tests shall be kept segregated, pursuant to ADA requirements. C. Nothing herein shall be construed to contravene Section 103.15, Wis. Stats. ARTICLE XXXVI INTERFACILITY TRANSFERS The Union agrees to participate in interfacility transfers. A procedure for interfacility transfers shall be developed, agreed to, and signed jointly by the JFD and the Union. The procedure shall not be changed except by written agreement of both parties. If at any time the City implements a fully staffed fifth ambulance, the Union agrees to bargain the impact in regards to the Interfacility Transfer program. In the event of impasse. the Union reserves all bargaining rights. ARTICLE XXXVII COMMUNITY PARAMEDIC At such time as the City implements a Community Paramedic program, or any similarly named program with the intent of using JFD personnel to conduct the program, the City agrees to bargain the impact and implementation of such program with the Union. In the event of impasse, the Union reserves all bargaining rights. ARTICLE XXXVIII LATERAL TRANSFERS For all new employees hired after January 1, 2023, the City may grant an initial pay rate on any step of the wage table to a maximum of the>/= 4-year step, and vacation to the 4-year step. Such placement shall not affect the new employee's seniority for any purposes. The actual amount of full-time career fire service time credited for purposes of determining wage rate and vacation accrual placement shall be reviewed by a Union representative. The Fire Chief has final determination on service time credited. Credited service shall be considered in only full-year service-time increments. The credited service-time determination made by the Fire Chief shall be documented, along with the determined wage rate and vacation accrual step and issued to the employee. Employees hired under this Article shall move through the wage and vacation table based on the combination of the full years of service recognized and credited by the City, in the City's discretion (up to the maximum of four years), and the employee's actual full-time fire service employment for the City of Janesville. 42 | Page ARTICLE XXXIX FIRE INSPECTOR The Fire Inspector is a protective service position in the Union. The hourly rate of pay is agreed to as outlined in Appendix A - Wage Schedule. The Fire Inspector will be granted 96 hours (12 days) per calendar year for holiday time off as outlined in Article V of the union contract. Employees working the forty (40) hour per week schedule shall be granted vacation as follows: YEARS OF SERVICE VACATION DAYS Time of hire until December 31 1.25 days for each full month the employee is expected to complete in their first year of employment. For example, an employee who starts work on March 15 would be assumed to work 9 full months in their first employment year (April 1 – December 31). Therefore, the employee would be granted 11.25 days of vacation leave. These days do not carry over to the following calendar year, and unused time will not be paid out upon separation of employment for any reason. Less than five (5) years of service 15 days granted in January of each employment year. These days do not carry over until the end of their second full calendar year of employment. Employees who separate from employment before the end of their second full calendar year of employment will not be paid out for unused vacation time, regardless of the reason. At the start of Six (6) Years of Service 16 days granted in January. At the start of Seven (7) Years of Service 17 days granted in January. 43 | Page At the start of Eight (8) Years of Service 18 days granted in January. At the start of Nine (9) Years of Service 19 days granted in January. At the start of Ten (10) Years of Service 20 days granted in January. At the start of Eleven (11) Years of Service 21 days granted in January. At the start of Twelve (12) Years of Service 22 days granted in January. At the start of Thirteen (13) Years of Service 23 days granted in January. At the start of Fourteen (14) Years of Service 24 days granted in January. At the start of Fifteen (15) Years of Service 25 days granted in January. Except for new employees within the first two full calendar years of employment, vacation is earned during the current twelve (12) month period to take the following twelve (12) month period. Vacation time is determined based on the number of years of service with the City. The normal hours of work will be 40-hours per week – Monday through Friday between 7:30 a.m. and 5:00 p.m. Modifications may be made to the scheduled was agreed to by the JFD, the Union, and the employee. Overtime, as assigned by the Fire Chief or their designee, may be incurred outside these hours and on weekends. The probationary period shall be as outlined in the union contract in Article XX. Employees hired after January 1, 2026, will follow paragraph A, and employees hired prior to January 1, 2026, will follow paragraph B. The Fire Inspector shall be a minimum of a 3-year commitment which includes the probationary period, as long as the Fire Inspector job performance is satisfactory to, and meets the expectations of, the Fire Chief or their designee. The minimum term shall not preclude an opportunity for promotion. Upon completion of the 3-year minimum term, should a 56-hour position become available, and the employee meets all of the minimum requirements, they may request a transfer to the position, or participate in the selection process, as applicable. The Fire Inspector may maintain minimum EMT qualifications during the normal hours of work. Additional qualifications as related to Fire Prevention Bureau activities, such as Juvenile Fire Setter training, may be allowed as time permits. 44 | Page Qualifications/certifications not required for the Fire Inspector position must be completed on the employee’s personal time. Other provisions of 40-hour personnel in the bargaining unit shall apply as applicable. ARTICLE XL CHANGES IN TERMS OF AGREEMENT If either party desires to negotiate any changes in this Agreement, then the party desiring to negotiate changes shall notify the other party in writing at least one hundred eighty (180) days in advance of the termination of this Agreement. Furthermore, the written notice shall contain those terms and provisions of the Agreement which the party desires to renegotiate. However, neither party shall be barred from raising any matters which are negotiable during negotiations which shall then occur. 45 | Page ARTICLE XLI TERMS OF AGREEMENT This Agreement shall become effective January 1, 2026, and shall remain in effect to and including December 31, 2028, and shall renew itself for additional one (1) year periods thereafter unless either party has notified the other party in compliance with Article XL. All terms of this Agreement shall remain in effect until a successor agreement is negotiated. DATED This day of August, 2025. FOR THE UNION FOR THE EMPLOYER Justin Wiskie, President Kevin M. Lahner Firefighters Local Number 580 City Manager Tyler Maechtle, Vice President Ryan Murphy Firefighters Local Number 580 Fire Chief Adam Schmidt, Secretary/Treasurer Tara Semenchuk Firefighters Local Number 580 Human Resources Director 46 | Page APPENDIX A January 1, 2026 Wage Schedule 47 | Page APPENDIX A July 1, 2026 Wage Schedule 48 | Page APPENDIX A January 1, 2027 Wage Schedule 49 | Page APPENDIX A January 1, 2028 Wage Schedule Resolution 2025-2369 Final Audit Report 2025-08-28 Created:2025-08-26 By:Elizabeth Lopez (lopeze@janesvillewi.gov) Status:Signed Transaction ID:CBJCHBCAABAAHs61Jhdu4tTsP6TYeGx7Ow-MTJEHy84f "Resolution 2025-2369" History Document created by Elizabeth Lopez (lopeze@janesvillewi.gov) 2025-08-26 - 5:41:11 PM GMT Document emailed to Kevin Lahner (lahnerk@janesvillewi.gov) for signature 2025-08-26 - 5:41:18 PM GMT Email viewed by Kevin Lahner (lahnerk@janesvillewi.gov) 2025-08-28 - 4:26:43 PM GMT Document e-signed by Kevin Lahner (lahnerk@janesvillewi.gov) Signature Date: 2025-08-28 - 4:26:53 PM GMT - Time Source: server Document emailed to Lorena Stottler (stottlerl@janesvillewi.gov) for signature 2025-08-28 - 4:26:55 PM GMT Email viewed by Lorena Stottler (stottlerl@janesvillewi.gov) 2025-08-28 - 4:38:32 PM GMT Document e-signed by Lorena Stottler (stottlerl@janesvillewi.gov) Signature Date: 2025-08-28 - 4:38:50 PM GMT - Time Source: server Agreement completed. 2025-08-28 - 4:38:50 PM GMT