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No Fire-Trainee shall receive any fringe benefits, other than hospitalization and coverage for industrial disability and pension as established in the State of Ohio, during the first sixty (60) compensated work days of his employment with the Department. However, provision shall be made for his coverage, by self-payment of appropriate fees, for other types of insurance which are available to other employees.
Seniority shall be established as of the date of the employee's appointment to the Department of Fire & Rescue Operations and shall be the total length of his continuous service after that date. Seniority shall be used for, but not limited to, the purpose of determining layoff and recall (from layoff) rights and the eligibility to take promotional examinations in the Department. Where more than one employee has been appointed on the same date, then his seniority shall be in accordance with his position on the original appointment list.
Seniority for lieutenants and captains shall be based on the date of promotion.
Seniority for paramedics shall be from the date of state certification. Where more than one employee has been certified on the same date, then his seniority shall be in accordance with his position on the original appointment list. For employees hired with prior paramedic certification, paramedic seniority shall commence on the date that they are first used in that capacity.
(A) Seniority During Military Service
Regular employees who leave the service of the City to enter that of the United States Armed Forces, or the services of the U.S. Maritime Commission, or who are drafted by the United States Government for civilian service, will upon their return within ninety (90) days from the release of such services, be granted all seniority rights as if continuously employed by the City during such service.
Sick days, and other benefits to which such employee is entitled, accrued prior to the date of the employee's entrance into the military service shall be preserved until his return to City employment. Whenever vacancies occur in the classified service by reason of military leaves of absence, appointments may be made for the duration of the emergency or earlier return to service of the employees granted such leaves for military service. All such appointments shall be subject to the priority rights of the permanent employees granted military leave.
(B) Military Leave
An employee who is called into military service shall be placed on an approved leave of absence during the period of time that he/she is required to serve. Upon discharge, the employee shall have ninety (90) calendar days to report back to the City to be reassigned in accordance with the law. The employee shall accrue seniority while on such leave as provided in this Title of the Code.
(C) Military Pay
When an employee is called for short term military leave it shall be defined as an active duty military assignment issued by the President of the United States, an Act of Congress, or a state of emergency as ordered by the Governor of the State of Ohio (excluding voluntary duty) for a period of less than twenty-three (23) days (either continuous or interrupted) or one hundred seventy-six (176) hours in any calendar year or military assignment. When an employee is called to active duty with their assigned military unit (excluding voluntary duty), they are entitled to a leave of absence from their respective City position without loss of pay for the time they are performing service in the uniformed services. They shall receive one month (twenty-two (22) days or one hundred seventy-six (176) hours) per calendar year of City paid military leave. While on military leave, the City shall continue all employer benefit coverage including, vacation and sick leave accrual allowance, lump sum and stipend payments, pension contributions and spouse and dependent health care coverage. An employee shall qualify for short term military leave coverage even if the leave is not for a one month continuous military assignment. An employee shall be entitled to all pay (both City and military) received during their short term military assignment. This pay is not for the purpose of attending monthly organizational or training meetings in a reserve unit.
"Long term military leave" shall be defined as a military duty assignment that exceeds twenty-two (22) days (either continuous or with interruption) or where a short term military leave assignment exceeds beyond the twenty-two (22) days. When an employee's military duty exceeds the short term leave period specified above because they have been called to active duty as a result of an executive order issued by the President of United States, an Act of Congress, or a state of emergency as ordered by the Governor of the State of Ohio, they shall be paid the difference between his or her regular rate of pay that they would have received pursuant to the contract, and the base pay they received from the military, for such a period. The City shall continue all employment benefit coverage for said employees during this period, to include, vacation and sick leave accrual, allowance, lump sum and stipend payments, pension contributions, and spouse and dependent health care coverage. This provision is intended to provide all employees called to active duty, as described, with the same amount of pay and benefits they would have received had the need for their military service not arisen. Payment and benefits shall be made to employees from the date of absence as a result of active military duty until they return to City employment and payroll.
(D) Military Drill Absence
The employee, upon submitting their military training schedule for the following year, shall be granted the right to use their vacation time and/or trades with themselves to cover their training absences.
(Ord. 463-03. Passed 5-27-03.)
A permanent employee who is unable to work because of industrial (service connected) disability shall accumulate seniority and all other benefits as a permanent employee during this period of sickness or disability not to exceed two (2) years duration, unless by mutual agreement this period is extended in writing.
(A) The promotional system is set forth as Appendix A.
(B) Promotion from the list established by the Civil Service Commission established after January 1, 2006 for Lieutenant and Captain shall be limited to those who have completed five (5) years of service with the Department of Fire and Rescue Operations and who have completed appropriate course work. The course work requirement may be satisfied with any of the following:
(1) Associate Degree,
(2) Bachelor's Degree, or
(3) The completion of six credit hours or its equivalent in Management or Administration. The Academic Review Committee specified in the section titled "2125.82 Educational Reimbursement" will make the final determination on whether a course is acceptable to fulfill this requirement and the equivalency of non-credit Management or Administration classes.
(C) The number of oral interviews will be limited to one for each individual receiving a passing score on the written portion of the testing process. The oral interviews shall be no more than sixty (60) days from the date the eligibility list is established by the Civil Service Commission. The interview panel shall be comprised of three members, two from either the current or retired City of Toledo Fire Chiefs, Assistant Fire Chiefs, Deputy Chiefs, or Battalion Chiefs, and one from the current or former City Administration or another Chief as agreed upon by the Fire Chief & Local 92. Local 92 will select one Chief to serve on the interview panel; the Fire Chief will select one Chief to serve on the interview panel; and the City shall select the Administrator to serve on the interview panel, unless another Chief is agreed upon by the Fire Chief and Local 92. All members of the panel must be mutually agreed upon by Local 92, the Fire Chief, and the City. If an agreement cannot be reached, the sixty (60) day deadline may be extended to such a time period as to allow a panel to be assembled from outside the Toledo Fire & Rescue Department. The standard deviation groupings will then be established with only seniority and discipline being adjusted through the life of the list.
(Ord. 594-06. Passed 8-22-06.)
When it becomes necessary, through lack of work or funds, to reduce the force in the Department of Fire & Rescue Operations, the employee with the least Departmental Seniority shall be laid off first.
When a position above the rank of Fire Private is abolished, then the person with least amount of service in the rank to be reduced shall be demoted first. Provided the employee affected has been permanently certified to the position, he/she shall then displace the employee in the next lower rank who has the least amount of service in that rank. This process shall continue to repeat itself until such time as the rank of Fire Private shall be reached, at which point the Fire Private with the least amount of continuous service in the Department shall be the one laid off.
Should a position in the Department be recreated or re-established or should a vacancy occur through any cause within the term of this agreement consistent with Civil Service policy, then the employee with the most Departmental seniority in the Department among the employees laid off shall be entitled to the position providing he/she was at the date of his layoff a regular and permanently certified employee at the rank in which such vacancy has occurred, or higher.
(A) Permanent Vacancies: Effective January 1, 1997 and thereafter through the life of this contract, the total number of budgeted positions within salary groups 81 and 82 shall not be less than 120-123 unless there is a reduction in the number of fire companies. In the event there is such a reduction, then the number of positions in salary groups 81 and 82 may be reduced by attrition in relation to the number and type of company or companies reduced. All vacancies shall be filled within thirty (30) days provided there is an eligibility list available unless there has been a reduction in budgeted manning levels which reduces the number of Fire Companies in service. In the event that there is no list available at the time the vacancy occurs, then the vacancy shall be filled within thirty (30) days after the list has been established. A promoted officer shall be in a promotional probationary period for forty-five (45) on-duty tours of duty, or for officers promoted to a position on a regular forty (40) hour work schedule, one hundred twenty (120) days of actual work in his/her former rank during this period, he/she shall be reinstated to his/her former rank. In the event the officer is found to be unsuited for the work of the new rank, he/she shall be afforded a hearing in the Chief's office. The employee who has been reduced in rank shall have the right to appeal the action of the Chief in reducing him through the third step of the Grievance Procedure.
(B) Temporary Vacancies: All temporary vacancies in the promoted ranks within the Department of Fire & Rescue Operations shall be filled. Any member who is used in a capacity above their current rank must be able to meet the guidelines set forth in Section 2125.21. The following method is agreed upon.
(1) Filling Captains' Vacancies – Operations
Members in the band on the current Captain's eligibility list shall be used first as Acting Captains. Members within the band shall be used equally according to availability. If no band members are available on that shift, where the vacancy occurs, then one of the three (3) most Senior Lieutenants on the current list on each shift shall be used.
If none of the three (3) most Senior Lieutenants on the current list are available, the most Senior Lieutenant on duty shall be utilized. Lieutenants cannot be forced to act. Lieutenants who agree to be utilized as Acting Captains shall be held responsible for the regularly assigned Captain's duties.
(2) Filling Lieutenants' Vacancies – Operations
Members in the band on the current Lieutenant eligibility list shall be used first as Acting Lieutenants. Members within the band shall be used equally according to availability. If no band members are available on that shift where the vacancy occurs, then one of the three (3) most Senior Firefighters on the current list on each shift shall be used.
If none of the three (3) most Senior Firefighters on the current list are available, the most Senior Firefighter on duty at the station shall be utilized. Firefighters cannot be forced to act. Firefighters who agree to be utilized as Acting Lieutenants shall be held responsible for the regularly assigned Lieutenant's duties.
In the event there is no list available, and it becomes necessary to use acting officers, the most Senior Firefighter on duty at the station shall be utilized. Firefighters cannot be forced to act. If no member wishes to act at that station the most Senior Firefighter in that district shall be utilized.
(Ord. 463-03. Passed 5-27-03.)
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