This Agreement is made and entered into by and between Lockwood Fire District, hereinafter referred to as “Employer”, and Local 3658, International Association of Fire Fighters, hereinafter referred to as the “Union”, for the purpose of promoting and improving understanding between the Employer and the “Union”, relative to: a means of amicable and equitable adjustment of differences or grievances which may arise during the term of this Agreement.

ARTICLE I – RECOGNITION

The Employer recognizes the Union as the exclusive bargaining agent for all employees of Lockwood Fire District, except the Fire Chief and the Fire Chief’s Administrative Assistant.

ARTICLE II - GRIEVANCE AND ARBITRATION PROCEDURE

A. Grievance Defined: A dispute, or a difference in interpretation between an employee, or the Union and the Employer involving wages, hours, and all conditions of employment constitutes a grievance.

B. For purposes of this Article, persons authorized to represent the Union in the processing of grievances, shall be known as ‘stewards”. The Union shall provide the Employer with a list of authorized grievance stewards, in writing, in January of each year. Stewards may process grievances during regular working hours without loss of regular pay subject to approval of the Fire Chief, or his designee. Representatives of the International Association of Fire Fighters, or the Montana State Council of Professional Fire Fighters may assist the Local in any step of the grievance procedure.

C. Unless mutually waived by both parties, departure from the established procedure:

1. By the Union or any person represented by the Union shall automatically nullify further recourse through this grievance procedure.

2. By the Employer shall automatically place the grievance in the next step of the procedure.

D. Procedure:

STEP 1. The Union, or any employee covered by this Agreement who has a grievance shall notify in writing the Fire Chief and Local 3658 grievance stewards within ten (10) business days of the grievance’s occurrence. The Union shall investigate the grievance and, within twenty (20) business days of receipt of the grievance, may present a grievance to the Chief for resolution. The grievance shall be in written form containing the following information:

a. The name of the grievant(s).

b. The Date(s) of the grievance.

c. The nature of the grievance.

d. The adjustment sought.

The Fire Chief shall attempt to resolve the grievance and issue the adjustment in writing to the Union within five (5) business days of receipt of the grievance from the Union.

If the grievance remains unresolved, the Union may proceed to the following step:

STEP 2. Within ten (10) business days of the Fire Chief’s reply, the Union shall present the written grievance, along with the Union’s reasons for non-acceptance of the Fire Chief’s reply, to the Chairman of Lockwood Fire District Board of Directors. The Chairman of the Board of Directors shall respond in writing to the Union within twenty (20) business days of receipt of the grievance

If the grievance remains unresolved, the Union may proceed to the following step:

STEP 3. Within ten (10) business days of the Chairman of the Board’s reply the Union may request arbitration. This request must be made in writing and be presented to the Chairman of the Board.

Selection of an arbitrator shall be conducted as follows:

The Board of Arbitration shall be composed of three (3) members: one person to be appointed by each party and a third, acting as Chairman, to be selected in accordance with sub-paragraph 1 and 2 of STEP 3. The Employer and the Union individually shall pay the expenses of the member it appoints and the two parties jointly shall share the expenses of the third member. The decision of the Board of Arbitration shall be final and binding on both parties in all matters pertaining to this Article.

1. Within ten (10) business days of the receipt of the request, the parties to this Agreement shall mutually select a person who is not employed by Lockwood Fire District to act as Chairman. If no such person can be found who is acceptable to act as chairman by both parties:

2. Within ten (10) additional business days the party requesting arbitration shall request the Montana Department of Labor and Industry, Board of Personnel Appeals, to provide a list of five (5) arbitrators.

The parties shall select the Chairman by the method of alternately striking names, with the parties flipping a coin to determine who strikes the first name. The final name left on the list shall be the Chairman.

Within five (5) business days of the selection, the Chairman shall be contacted in writing and requested to schedule proceedings at the earliest possible date. During the arbitration proceedings, all evidence shall be presented to the Board. The Board of Arbitration shall have no power to alter in any way the terms of this Agreement, state law, or federal law. The Board of arbitration shall issue its decision within thirty (30) business days after the conclusion of the proceedings, including filing of briefs, if any.

E. The use of the above procedure is exclusive, and shall constitute a waiver of recourse through any other procedure, except for recognized civil procedures.

F. “Business days” means all calendar days except Saturdays, Sundays, and holidays.

ARTICLE III - WORKING CONDITIONS

A. Layoffs

Layoffs or reductions in force shall be in order of seniority within the Lockwood Fire District. The last hired employee shall be the first released in all such actions. All recalls to employment shall likewise be in order of seniority; that is, the last employee released as a result of a reduction in force, shall be the first rehired when the Employer needs additional employees.

It is the employee’s responsibility to maintain a current mailing address and telephone number on file with the Fire Chief, or his designee.

All reductions in force and recalls to employment shall be provided in writing to the affected employee at least fourteen (14) calendar days in advance of such action.

All recalls to employment must be served by registered mail with the United States Postal Service.

B. Union Bulletin Board

The Employer shall provide suitable space for a Union bulletin board. Only matters of official business of the Union may be posted on the bulletin board.

C. Physical Examinations

A physical examination, including pulmonary screening, shall be required by the Employer annually for purpose of certifying an employee’s eligibility for continuing employment and an annual physical to meet the haz-mat requirements as per OSHA. For employees forty (40) years of age, or older, a PSA test shall also be provided annually. All employees shall be required to schedule a physical examination with the Employer’s physician. The limits of responsibility to the Employer for any deficiencies found will be those limits stated in the Health Insurance policy.

D. Vaccinations

The Employer shall provide at no cost to the employees vaccinations for Hepatitis B, including clinical tests for purposes of determining the effectiveness of the inoculations. Additionally, a test for exposure to Tuberculosis shall be provided by the Employer annually.

E. Just Cause

No employee shall be disciplined, suspended, or dismissed, except for justifiable cause.

F. Disciplinary Procedures

1. Employees may be disciplined or discharged for just cause. Discipline should be applied at progressive and escalating levels to allow the employee proper notice of misconduct and an opportunity to improve performance. The level or degree of discipline imposed shall be appropriately based on the employee’s prior record of service, length of service, severity of offense, and prior record of discipline.

2. Disciplinary actions or measures shall include only the following:

a. verbal counseling,

b. written reprimand,

c. suspension without pay,

d. reduction in rank, and

e. discharge.

3. Prior to the imposition of any discipline or discharge, the employee shall be provided a copy of the alleged violation and all relevant documents the Employer has in their possession. In addition, the Employer shall hold a pre-disciplinary hearing no later than ten (10) days from the time the employee was notified of the alleged violation. At this hearing the employee will be given an opportunity to present his side of the issue.

4. The employee shall be entitled to have union and/or legal representation present at any meeting held with the Employer to discuss potential disciplinary action against him.

5. The Employer may suspend an employee with pay pending the final decision as to the appropriate discipline resulting from the pre-disciplinary hearing.

6. The employee and the employee’s Union representative with the employee’s authorization shall have the right to inspect the full contents of his/her personnel file. No written reprimand or greater disciplinary document may be placed in the personnel file without the employee having been first notified of said complaint and given a copy, with a copy to the Union. An employee who disagrees with the validity of any complaint added to the file shall have the opportunity to challenge said complaint under the grievance procedure herein. The employee shall be required to sign the written reprimand or other disciplinary action acknowledging that they have read the contents of the document.

7. The written reprimands will be removed from an employee’s personnel file after three hundred sixty five (365) days from the date said action was finalized. If another written reprimand has been issued within this time period, both written reprimands shall remain in the personnel file for an additional three hundred sixty five (365) days from the date of the latest written reprimand.

8. It is the Employer’s sole determination as to whether or not an employee suspended without pay may be allowed to forfeit accrued vacation or compensatory time in lieu of the suspension of pay.

G. Visits by Union Representatives

Accredited representatives of the International Association of Fire Fighters, and the Montana State Council of Professional Fire Fighters shall have full and free access to the premises of the Employer at all times subject to approval of the Fire Chief, or his designee.

H. Job Posting

The Employer shall post written notice on Union bulletin boards of all positions within the department for which vacancies for promotion or assignment exist. Such job posting shall be promulgated at least fourteen (14) calendar days in advance of any promotion or assignment.

I. Promotional Procedure

1. Fire Fighter 1:

All employees of Lockwood Fire District who have completed the NFPA standards for Fire Fighter 1 and satisfied the initial employment probationary period shall be classified as Fire Fighter 1.

2. Fire Fighter 2:

All Fire Fighter l’s who have completed a minimum of eighteen (18) months of continuous satisfactory service with Lockwood Fire District as a full time, full paid fire fighter and have been departmentally certified as having completed the NFPA standard for Fire Fighter 2, shall be compensated at the Fire Fighter 2 rate of pay upon the completion of eighteen (18) months of continuous satisfactory service.

3. Engineer:

Fire Fighter 2’s who have been continuously employed by Lockwood Fire District as a full time, full paid Fire Fighter 2 for three (3) years are eligible for promotion to the rank of Engineer. Applicants for promotion to Engineer must have completed a classroom course using the IFSTA Driver/Operator Pumping Apparatus Handbook, Comprehensive driver/operator training, and satisfied a driving and pumping practical test administered by the Training Officer and one (1) member of the Lockwood Fire District appointed by the Fire Chief in accordance with NFPA 1002.

The senior Fire Fighter 2 who has satisfied all promotional qualifications shall be promoted to the vacancy, subject to approval of the Fire Chief and the Board of Trustees. Promotion to the rank of Engineer shall be as vacancy occurs.

4. Captain:

a. Applicants for promotion to Captain must have completed six (6) years of continuous employment with Lockwood Fire District as a full time, full paid fire fighter, completed the qualifications for Fire Fighter 2, and have served as Engineer with Lockwood Fire District for a minimum of three (3) years. In addition, applicants for promotion to Captain must possess a passing score on the IFSTA manual test for Company Officer, and Inspections. Applicants for promotion to Captain shall also possess certification under DNRC S-220 or IMS (Incident Management System).

b. Applicants for promotion to Captain must attain a minimum score of 70% on a promotional test administered by a neutral testing agency. Applicants who attain a passing score on the promotional test shall retain eligibility for promotion for four (4) years. An individuals test score shall be added to the scores stipulated in section 4., C., 1. 2., of this promotional procedure.

c. Promotional Board - Captain

A promotional board consisting of two (2) members appointed by the Union, and the Chief of the Lockwood Fire District and one (1) member appointed by the Employer shall assess each candidate for promotion to Captain by awarding promotional points as follows:

1. 0 - 10 Points..................Seniority

Applicants shall receive on (1) point for each year of full time employment with Lockwood Fire District. A maximum of ten (10) points for seniority can be awarded.

2. 0 - 40 Points...................Performance Evaluation

The promotional board shall rate each candidate’s work performance in the following areas:

(a) Leadership………………………….………..0-10 Points

(b) Interpersonal Communications………………0-10 Points

(d) District Policies Rules and Regulations……...0-10 Points

The composite score if each candidate for promotion to Captain shall be derived by adding the promotional test score to the scores attained in the work performance evaluation.

The candidate with the highest composite score shall be promoted to the rank of Captain. In the event of a tie, the senior employee shall be promoted.

d. General Conditions

Promotion to Fire Fighter 1, and Fire Fighter 2, shall become effective upon the date the employee satisfies the qualifications and time constraints for the positions.

Fire Fighter 2 personnel who have successfully completed the IFSTA manuals and testing required to be promoted to the rank of Engineer are eligible to act up to the rank of Engineer.

Engineer’s who have successfully completed the IFSTA manuals and DNRC S-220 or IMS course required to be promoted to the rank of Captain are eligible to act up to the rank of Captain.

Promotions to Engineer and Captain shall be made expeditiously, and as vacancy occurs. For purposes of explanation, “expeditiously” means within thirty (30) Calendar days of the vacancy. The written test for Captain shall be offered expeditiously as the vacancy occurs.

In the event there are insufficient personnel meeting the necessary requirements to fill promotional vacancies, selected requirements may be waived by mutual agreement between the Union and Employer. Such agreement shall be in writing, and signed by authorized representatives of the Union and Employer.

All promotions shall become permanent upon completion of a six (6) month probationary period.

e. Grandfather Provision

Ratification of this Agreement, and Promotional Procedure herein, shall not affect the current rank held by members of the Union. All personnel shall retain the rank they hold at the time the Agreement is ratified, and shall retain monthly salaries established by this Agreement.

J. Off-duty Public Education and Training

Employees assigned mandatory training or meetings as approved by the Fire Chief, during their off duty hours, shall be compensated at one and one-half (1 ½) times the employees regular rate of pay for all hours so assigned. Such compensation shall be paid for a minimum of two (2) hours. Employees attending optional training opportunities shall be compensated at the rate of straight time. Such compensation shall be paid for a minimum of two (2) hours.

K. Clothing Allowance

The Employer shall provide all employees the following uniform items which will be replaced as needed:

Two (2) badges

Two (2) name tags

One (1) uniform coat

Three (3) uniform shirts

Required shoulder patches

Three (3) pairs of uniform trousers

One (1) pair of uniform boots or shoes

Four (4) pairs of uniform coveralls (for the Maintenance Technician)

All protective clothing shall be provided to each employee at no cost to the employee or the Union. Protective clothing will be subject to inspection prior to replacement.

L. Shift Trading

Subject to review by the Fire Chief or his designee, any employee may exchange shifts or trade time with any qualified employee. When an employee is absent from work under shift trading procedures, no other employee shall be paid higher classification pay or overtime as a result of the shift trade.

M. Non-Discrimination

The Employer and the Union accept their responsibility to ensure nondiscrimination in all aspects of employment for all qualified persons regardless of race, creed, religion, color, national origin, age, mental and physical disability, sex, marital status, family relationships, membership or non-membership in the Union.

N. Dues Assignment

The Employer shall honor the employee’s voluntary written assignment designating a specified amount of wages or salaries due and owing as Union dues or equivalent contribution.

The aggregate deduction shall be remitted, together with an itemized statement, to the Secretary-Treasurer of the Union within five (5) working days from the date of payroll distribution. The Union agrees to hold harmless the Employer for any loss or damages arising from the operations of the Article due to unintentional errors.

Employees who have not made application for membership in the Union shall, as a condition of employment, pay to the Union an amount equal to Union dues as a contribution toward administration of the Agreement. Employees who fail to comply with this requirement within thirty (30) calendar days of employment, shall be discharged by the Employer within fifteen (15) calendar days after receipt of written notice from the Union, unless the employee complies before his/her discharge.

0. EMT – B, EMT-I and EMT-P

The Employer shall provide courses of instruction, testing, and re-certification classes to all members of Lockwood Fire District. Costs associated with testing and re-certification shall be borne by the Employer.

P. Daily staffing

Minimum daily staffing shall be three (3) full time, full paid members of the Lockwood Fire Fighters bargaining unit. Recall to maintain minimum staffing shall be based on seniority of rank vacancy.

ARTICLE IV - HOURS OF WORK AND COMPENSATION

A. Work Schedule - Fire Suppression Personnel

1. All fire suppression personnel shall work a twenty four (24) hour work shift. Personnel shall report for duty at 0730 hours, and work twenty four (24) consecutive hours. (Until 0730 hours the following day.)

2. Personnel required to work in excess of twenty four (24) hours shall be compensated at a rate of one and one half (1 ½) times the employee’s regular hourly rate of pay for all time in excess of the regularly scheduled shift.

3. Work cycle:

The work cycle for fire suppression personnel shall be a twenty-seven (27) day total work cycle. The cycle shall be scheduled as follows:

Twenty-four (24) hours on-duty immediately followed by forty-eight (48) hours off duty.

The cycle shall be repeated nine (9) times in a twenty-seven (27) day total work cycle.

Each work day for each shift, A, B and C, shall be assigned a number 1 through 9, and each member shall be designated two numbers 1 through 9 to indicate days off during the twenty seven (27) day cycle.

Scheduled hours for each member in a twenty-seven (27) day total work cycle shall average 43.56 hours per week, or seven (7) duty days during the total work cycle with two (2) days off.

4. Fire suppression personnel shall be authorized a fifteen (15) minute coffee break after two (2) hours of work.

5. A one (1) hour uninterrupted lunch break shall commence at 1200 hours.

A one (1) hour uninterrupted dinner break shall commence at 1700 hours.

6. Personnel who respond on alarms or are required to perform essential work during scheduled lunch or dinner breaks shall be afforded the one (1) hour break at the earliest opportunity upon completion of the essential work, or upon mitigation of an emergency incident.

7. Personnel shall remain at their assigned duty station for the duration of the work shift.

8. Alarm Time

From 1700 hours until 0730 hours of the employee’s regularly scheduled work shift shall be considered alarm time. Employees shall be available for emergency calls but may use such alarm time for purely personal pursuits, providing such does not conflict with the mission of the Lockwood Fire District.

Sundays and holidays authorized by this Agreement shall be considered alarm time. Only essential work may be assigned during alarm time.

9. Day Shift Assignment

In the event an employee is assigned to a “Day Shift” assignment to meet special needs of the Lockwood Fire District such as, training, maintenance, or public education, etc., the following working conditions shall apply:

a. Personnel assigned a day shift work schedule shall work an eight (8) hour shift. Day shift personnel shall report to work at 0800 hours, and end the work shift at 1700 hours.

b. A fifteen (15) minute coffee break shall be authorized after two (2) hours of work.

c. A one (1) hour lunch break shall commence at 1200 hours.

d. Day shift personnel required to work in excess of eight (8) hours per shift shall be compensated at a rate of one and one half (1 ½) their regular hourly rate of pay for all time in excess of eight (8) hours.

e. The hours of work for day shift personnel may be occasionally altered to meet special needs of Lockwood Fire District providing mutual agreement is reached between the Employer and the Union prior to the implementation of the alternate hours of work.

B. Call-Back Pay

Off-duty personnel who are called back to duty shall receive a minimum of two (2) hours pay at the rate of time and one half (11/2) the employee’s regular rate of pay. Call-back pay shall commence upon page out. Full-time employees shall be called back prior to any call-back of volunteer fire fighters.

Employees who are called back to duty must exhaust the minimum two (2) hour call back time before claiming subsequent two (2) hour call back compensation.

If an employee requests to leave before the work is completed, and the supervisor in charge excuses the employee, only actual time worked is compensable at the time and one half (1 ½) rate.

C. Special Certification Pay

Employees who are licensed and practicing in following areas shall receive EMS certification pay as specified.

EMT-B- $100.00 per month

EMT-I - $200.00 per month

EMT-P - $300.00 per month

Special certification pay is considered base pay, and is included in calculations for retirement system membership. Employees may receive only one (1) special certification pay allotment per pay period, regardless of the number of specialties the employee is certified in.

D. Higher Classification Pay

Personnel assigned duties at a rank higher than he/she holds, shall be compensated at the higher rate of pay commensurate with the higher rank for all hours so assigned. Higher classification assignments shall be assigned to the senior qualified employee.

Should the Fire Chief be on vacation, sick leave, taking compensated time off or is unable to respond to any emergency within (20) twenty minutes, the on duty Fire Captain shall be compensated at the higher rate of pay which will be (3) three dollars per hour above the current rate of pay for the Captain’s position.

Higher classification pay shall not be required if the vacancy in a position is the result of a voluntary shift trade between members of the Union or for coverage which results from a members absence while attending Union business.

E. Longevity Pay

Each full-time member of the bargaining unit shall receive the following:

1 through 10 years of service – ten dollars ($10.00)

11 through 15 years of service – twelve dollars ($12.00)

16 or more years of service – fifteen dollars ($15.00)

Longevity pay shall be calculated as dollar amount times years of service per month

Longevity pay shall be considered as base pay.

F. Holiday Pay

Each full-time member of the bargaining unit shall receive three and one-half hours (3 ½) of straight time pay per pay period as holiday pay. Holiday pay shall be considered as base pay.

G. On Call Pay

Full time, full paid fire fighters shall attempt to have a fire fighter of any rank on call at all times for Lockwood Fire District. The on call schedule shall be posted in advance. The full time, full paid fire fighters on call shall receive 2.4 hours of regular base pay for each twenty four (24) hours on call, unless called in, at which time they will be compensated a minimum of two (2) hours of overtime pay and would forego the 2.4 hours of regular pay.

An employee may at his/her option voluntarily trade on call duty with any other full time, full paid employee. All trades must be authorized by the officer in charge, on shift, the day of the trade.

ARTICLE V - LEAVES

A. Vacation Leave

1. Each employee shall earn annual leave credits. Proportionate credits shall be earned at the end of each pay period. Employees are not entitled to any vacation leave with pay until they have been continuously employed for a period of six (6) calendar months. Credits shall be earned according to the following schedule:

a. Through 10 years = 8 shifts

b. 11 through 15 years = 9 shifts

c. 16 through 20 years = 10 shifts

d. 21 years and beyond = 11 shifts

2. Any employee who terminates employment with Lockwood Fire District, for a reason not reflecting discredit on her/himself, shall be entitled to cash compensation or unused earned vacation leave, if the employee has worked the qualifying period. Unused earned vacation leave shall be paid at the employee’s regular rate of pay at the time of termination.

3. Vacation leave may be accumulated. The total is not to exceed two (2) times the maximum number of days earned annually as of the end of the first pay period of the next calendar year. Excess vacation leave is not forfeited if taken within 90 calendar days from the last day of the calendar year in which the excess was accrued.

4. The dates when an employee may take accrued vacation leave shall be determined by agreement between the employee and the Fire Chief, or his designee.

5. Unused vacation leave time shall be paid at the employee’s regular rate of compensation to the employee or his/her heirs at the time of separation from service or death.

B. Maternity Leave

Employees shall be granted two (2) work shifts off-duty to assist the spouse upon birth of a child. Such leave shall be charged against the employee’s earned available sick leave. Maternity leave shall not affect the number of available vacation leave slots in the calendar year.

Maternity leave may be extended by the Fire Chief, or his designee.

Employees requesting maternity leave must submit written notice of the approximate date the delivery of a child is expected not less than thirty (30) days in advance of the approximate delivery date.

C. Holidays

The following shall be recognized holidays:

1. New Year’s Day 6. Labor Day

2. Martin Luther King Day 7. Columbus Day

3. President’s Day 8. Veteran’s Day

4. Memorial Day 9. Thanksgiving Day

5. Independence Day 10. Christmas Day

In addition to the above holidays, employees shall be given an additional working day’s pay in lieu of leave for each of the following holidays in the month in which they occur:

(a) Any day declared a legal holiday by the Montana Legislature or the Governor of Montana.

(b) Any day in which a general State biannual election is held throughout the State of Montana.

D. Sick Leave

1. Sick leave is the necessary absence from duty caused when an employee has suffered illness, pregnancy, or pregnancy related illness, exposure to contagious disease that requires quarantine, or the necessary absence from duty to receive a medical or dental examination or treatment.

2. Each employee shall earn sick leave credits from the first day of employment. Proportionate credits shall be earned and credited at the end of each pay period. Credits shall be earned at the rate of one (1) working day (8 hours) for each month of service without restriction as to the number of working days accumulated. Employees are not entitled to be paid for sick leave until they have been employed continuously for ninety (90) days.

3. An employee who terminates employment with Lockwood Fire District is entitled to a lump-sum payment equal to one-fourth of the pay attributed to his/her accumulated sick leave. The pay shall be computed on the employee’s rate of compensation at the time of termination. An employee who received a lump-sum payment, and who is again employed by Lockwood Fire District, shall not be credited with any sick leave earned during the previous service. An employee who received a lump sum payment as a result of a layoff, who is again employed by Lockwood Fire District, may buy back all sick leave earned during the previous service at the rate of compensation at the time of the layoff.

4. Sick leave credits shall be used on a first earned, first charged basis.

5. Abuse of sick leave is cause for dismissal and forfeiture of lump-sum payment.

6. Any employee who intends to be absent from duty because of illness must notify the supervisor on duty at least one-half (1/2) hour prior to the beginning of the shift that he/she is scheduled to work. Such notice shall be provided for each scheduled work shift the employee is absent due to illness.

7. A physician’s certificate may be required by the Employer to substantiate a sick leave charge. The physician may be of the Employer’s choice. Any costs incurred for issuance of such a certificate shall be borne by the Employer.

8. Female employees may charge maternity leave against sick leave credits.

9. Sick leave charged in excess of earned sick leave may be charged against earned and available vacation leave at the employee’s request.

10. Emergency sick leave is defined as a necessary absence due to illness of an employee’s immediate family requiring the attendance of the employee until professional or other assistance can be obtained.

Immediate family means:

Spouse, parents, grandparents, brothers, sisters, children, and household dependents of the employee or spouse.

Emergency sick leave charged against an employee’s sick leave credits shall not exceed a total of forty-eight (48) hours per year for illness in the immediate family.

E. Funeral Leave

A death in an employee’s immediate family shall entitle the employee to a maximum of seventy-two (72) hours off-duty to attend the funeral. At the employee’s option, funeral leave may be charged to either sick leave, or vacation leave.

Immediate family means:

Spouse, parents, grandparents, brothers, sisters, children, and household dependents of the employee or spouse.

F. Jury Service and Subpoena

An employee who is under proper summons as a juror or subpoenaed as a witness shall collect all fee and allowances payable as a result of the service and forward the fees to the Employer. Juror fees shall be applied against the amount due the employee from the Employer. However, if an employee elects to charge juror or witness time against annual vacation leave, the employee shall not be required to remit to the Employer any expense or mileage allowance paid by the Court.

No employee shall lose accumulative benefits as a result of juror or witness service.

G. Military Leave

Compensation and status will be commensurate with Section 10-1-604, of the Montana Codes Annotated. “Leave of absence of public employees attending training camp or similar training program. A state, city, town, or county employee who is a member of the organized militia of this state or who is a member of the organized or unorganized reserve corps or military forces of the United States and who has been an employee for a period of 6 months shall be given leave of absence with pay for a period of time not to exceed 15 working days in a calendar year for attending regular encampments, training cruises, and similar training programs of the organized militia or of the military forces of the United States. This leave may not be charged against the employee’s annual vacation time.” Leave requests for training must be accompanied by military orders signed by the commanding officer.

H. Leave Without Pay

Employees may request to take leave of absence without pay for good and sufficient reason with prior approval of the Fire Chief, or his designee.

Requests for leave of absence without pay shall be in writing and submitted to the Fire Chief, or his designee.

I. Leaves - General Provisions

1. An employee may not accrue any leave credits during a continuous leave of absence without pay, which exceeds fifteen (15) calendar days.

2. For calculating leave credits, two thousand eighty (2,080) hours (52 weeks x 40 hours) shall equal one (1) year.

3. All leaves defined in this Article shall be charged to the nearest full hour.

ARTICLE VI - INSURANCES AND EDUCATIONAL BENEFITS

A. Health and Accident Insurance

1. The Employer shall provide fully paid non-occupational health and accident insurance for each full time employee.

2. The terms and level of coverage specified by the master policy shall not be changed by the Employer during the term of this Agreement without express written agreement of authorized representative of the Union.

3. The Employer shall provide uninterrupted health and accident insurance for all full time employees during the interim between an expired Agreement and the ratification of a new Agreement.

B. Disability Insurance

The Lockwood Fire District shall cover all current employees for the duration of the contract, with disability insurance under group coverage.

If the Lockwood Fire District hires additional Fire Fighters within this contract period, the Lockwood Fire District agrees to also pay the premium for those new employees, commensurate with the per employee premium currently being paid.

C. Liability Insurance

1. The Employer shall provide liability insurance coverage for all employees. Such coverage shall provide liability insurance for all personnel on-duty, as well as those who are called back to duty.

2. The Employer shall incur all costs associated with provision of liability insurance coverage for employees.

3. The Employer shall provide the Union with a copy of the liability insurance policy in effect during the term of this Agreement.

D. Educational Benefits

Any employee matriculated into a program of higher education shall be reimbursed for fifty (50) percent of the cost of all tuition for all courses approved by the Fire Chief upon furnishing evidence of satisfactory completion (grade of C or better, or pass on a pass/fail system); of the course within thirty (30) days of it’s completion. The Lockwood Fire District shall establish an educational fund for such reimbursement. The Lockwood Fire District shall maintain $6,000.00 annually in the tuition reimbursement fund (no firefighter shall receive over 20 percent of the deposit annually).

E. Continuance of Health Insurance

Fire fighters who have completed a minimum of (10) years of service, are 55 years and older and retire from Lockwood Fire/Rescue, are eligible to remain on the District’s health insurance plan. All monthly premiums and costs will be the sole responsibility of the retired employee.

ARTICLE VII - RETENTION OF BENEFITS

All rights and privileges relative to wages, hours, and working conditions held by employees at this time even though not identified in this Agreement, shall remain in full force and effect.

ARTICLE VIII – SAFETY / LABOR RELATIONS COMMITTEE

There shall be a SAFETY / LABOR RELATIONS COMMITTEE composed of four (4) members. The Union shall appoint two (2) members, and the Employer shall appoint two (2) members. This committee shall meet at least quarterly to discuss matters of mutual interest such as, rules and regulations, standard operating procedures, safety issues, and other work related issues. The purpose of the committee shall be to maintain communication between the Employer and the Union, and to facilitate formulation and implementation of new policies or programs within the Lockwood Fire District.

A representative of the Employer and a representative of the Union shall alternate as Chairman of the committee.

ARTICLE IX - TERM OF AGREEMENT AND NEGOTIATIONS

This Agreement shall become effective on January 1, 2008, and remain in full force and effect through December 31, 2009.

The parties to this Agreement shall honor all terms and conditions stipulated herein. Neither party to the Agreement may unilaterally change any term or condition provided by this Agreement without prior written agreement between the authorized representatives of the Employer and the Union.

All Articles of this Agreement shall remain in full force and effect until such time as a new Agreement has been ratified by the Employer and the Union.

Either party to this Agreement may notify in writing the other of its desire to modify the Agreement on or before October 1, 2009. Such written notice of intent to modify the terms of the Agreement shall include the desired modifications and the Article(s) affected.

IN WITNESS WHEREOF, the parties hereto, acting by and through their respective and duly authorized officers and representatives, have hereto set their hands and seals on this __ day of ____________ , 2007.

LOCKWOOD FIRE DISTRICT Lockwood Fire Fighters LOCAL 3658

INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS

____________________________ ____________________________

Keith L.Broyles J. Allan Hutton

____________________________ ___________________________

William B. Cummins Keith E. Kober

___________________________

Bradley M. Bell

ADDENDUM A - SALARY SCHEDULE

Salary Schedule 2008:

Maintenance Technician $39,373.73

Captain $39,311.07

Engineer $36,785.49

Fire Fighter II $31,137.11

Fire Fighter I $29,838.51

Probationary Fire Fighter $27,310.60

Salary Schedule 2009:

The Lockwood Rural Fire District agrees to provide to a 3% increase in compensation to union members for year #2 of the labor agreement dependent upon the following condition(s):

1. That at the end of FY07-08, the district’s net revenues over expenses must be, at minimum, $225,000.00.

In the event that net revenues over expenses are less than $225,000.00 at the end of FY07-08, the district and the union will re-open negotiations specific to addressing the proposed 3% pay increase for year #2 of the labor contract.

ADDENDUM B – ARTICLE IV HOURS OF WORK AND COMPENSATION

Work Schedule – Rotating Shift (Modified 24/72 hour shift)

2. Personnel required to work in excess of twenty four (24) hours shall be compensated at a rate of one and one half (1 1/2) times the employee's regular hourly rate of pay for all time in excess of the regularly scheduled shift.

3. Work Cycle

The work cycle for fire suppression personnel assigned to the rotating shift shall be a twenty seven (27) day cycle. The work cycle shall be scheduled as follows:

Twenty four (24) hours on-duty immediately followed by seventy two (72) hours off-duty:

The work cycle shall be repeated five (5) times.

then;

Twenty four (24) hours on-duty followed by forty eight (48) hours off duty.

then;

Twenty four (24) hours on-duty immediately followed by seventy two (72) hours off-duty:

Scheduled hours for each member in a twenty-seven (27) day total work cycle shall average 43.56 hours per week, or seven (7) duty days during the total work cycle.

Personnel assigned to the rotating shift cycle shall be available to cover absences due to days off, vacation or sick leave provided the personnel do not exceed seven (7) days in a twenty-seven (27) day cycle, and personnel have received a minimum of twenty four (24) hours off duty prior to shift coverage. If the twenty four (24) hours off duty are not received, personnel shall be compensated at the rate of one and one half (1 ½) times the employees regular hourly rate of pay for all time in excess of the regularly scheduled shift.

Addendum C- Straight time wage

Article IV of the union contract states that “personnel required to work in excess of twenty four hours shall be compensated at a rate of one and one half (11/2) times the employee’s regular hourly rate of pay for all time in excess of the regularly scheduled shift.”

Addendum:

Due to the financial hardships of the Fire District in 2006, local 3658 offered a temporary concession of this Article and since then, have been working 18 hours of straight time pay (FLSA) before incurring overtime. This concession has been widely used when covering vacation, sick, personal leave and training.

It is the intention of local 3658 to continue with this concession for the current contract period, at which time this addendum may be revisited at the request of either local 3658 or the Fire District.

Appendix i- RETIREMENT BENEFITS

Employer shall provide employees with Firefighters Unified Retirement System (FURS) benefits as per Montana Code Annotated effective September 1, 2007. Employees hired after September 1, 2007 shall become participants in the FURS program as per Montana Code Annotated. Employees that were ineligible for FURS membership as of September, 2007 shall remain with Public Employees Retirement System (PERS) as per Montana Code Annotated. Employer shall provide employees that were ineligible for participation with FURS as of September 1, 2007 with a contribution equal to that which fire fighters who are participating in FURS are receiving. This contribution shall be placed into a department approved retirement account. Employer will calculate retirement match based upon the same method as fire fighters enrolled in FURS.

MEMORANDUM OF UNDERSTANDING

The term of probation for initial employment by Lockwood Fire District shall be six (6) months from the date of hire for all full-time employees covered by this Agreement.