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07-20-12

11-MED-10-1549

0252-04

K28685

WEST CHESTER TOWNSHIPLocal #3518

International Association ofFire FightersEMPLOYMENT AGREEMENT

WITHTHE BOARD OF

WEST CHESTER TOWNSHIP TRUSTEESButler County, Ohio

January 1, 2012- December 31, 2014

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AGREEMENT

Agreement made and entered into this day of Janumy I, 2012 by and between THE BOARD OFTRUSTEES OF WEST CHESTER, Butler County, Ohio (hereinafter called the "West Chester TownshipTrustees" or "Township" or "Employer" or "Management"), on behalf of he Township and West ChesterTownship Professional Fire Fighters Association Butler County IAFF #3518, (hereinafter called"Association", "Firefighters" or "Union") acting herein on behalf of he employees of the West ChesterTownship Fire Dept., as hereinafter defined, now employed and here after to be employed andcollectively designated as the "Employees".WHEREAS, the Employer recognizes the Union as the collective bargaining representatives for theEmployees covered by this agreement as hereinafter provided; andWHEREAS, it is the intent and purpose of he parties hereto that this agreement protect againstinterruptions and interferences with services to the citizens for West Chester Township, and surroundingcommunities, and to set forth herein their agreement covering wages, hours, and conditions ofemployment:NOW, THEREFORE, in consideration of he mutual covenants herein contained, the patties heretoagree as follows:

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ARTICLE 1Recognition

I. The Employer recognizes the Union a s the sole and exc lu sive collective bargaining representativeof a barga ining unit consisting of all full-time Firef ighters and Lieutenan ts I EM T' s I Paramed ics,em ployed by the Employer but excluding the Chief, Assistant Chiefs , Captains and all OfficeEmployees, Clerical and Part-time Employ ees of he Fire Depm tment.

2. Whenev er the word "Em ploy ee " is used in this Agreement, it shall be deemed to mean theEmployees in the bargain ing unit covered by this Agreement, as de fined in Article I, Section Ihereof.

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ARTICLE2No Discrimination

I. Neither the Employer nor the Union shall discriminate against or in favor of any Employee onaccount of race, color, religion, creed, national origin, sex or handicap. Words used in thisAgreement in the masculine gender will be read and construed in the feminine gender as well.

2. There shall be no discrimination by the Employer or the Union against an Employee on the basisof such Employee's membership or non-membership in the Union.

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ARTICLE3Bargaining Unit Activit y , Vis i tati on and Bulletin Boards

l. Upon reaso nable notification to a managem ent representative on the premises, a representative ofthe Union shall hav e access to the Em ployer's premises for t he purpose of confer ring withManagement, delegates of he Union and/or Em ployees for the purpo se of ad m inisteringthisAgreement and providin g that the Employer' s operation shall notbe impaire d.

2. The Em ployer shal l provide and mainta in at eachstation a Bulletin Board, which shall be us ed forth e pu rpose of posting pro per Union notices and for Local business. Such Bul letin Board shall beplaced in a prominent place in each station. The Bullet in Boards shall not be used to post items,which are obviously derogatoty to Manage ment. Department M embers not included in the Loca lshall not be permit ted to post materials on the Board, nor shall they bepermitted to deface an yitems posted bythe Local. Membersof he Local shall lik ewise respect and refrain from postingitem s on and/ or defacing any other bulletin boards at any of he stations.

3. No Union business may be conducted during work time w ithout the prior approva l of he Em ployer.

4. Employees may use Shift Trades, Vacat ion and Compensatoty Time (if available) to patiicipatein conventions, pension business, educ ational conference s, and to attend normal operatingfunct ions of he Union. Such absences shall be subject to the curre nt Departm ental or Contractualregulations goveming the use of Shift Trades, Vacation and/or C ompensatoty Time as may app ly.

5. The Union President or his /her design ee shall be permitted to pariicipate in neg otiating m eetingswit h the Township, fact-finding hearings, con ciliation hearings or arbitration hearings with theTownship without loss of pay. The Employer shall provide the Union President o r h is/herdesignee with re lie f from his /her shift for the hours scheduled for the negotiations or abovedesign ated hearings with the Townsh ip.

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ARTICLESSenio rity

1. D efini t ion:Seniority shall be defined as the length of continuous service m easured in years, months and daysthat an Employee has accumulated as a Full-time Employee in the service of W est ChesterTownship Fire Department.

2. A ccrual :(a) An Employee's seniority shall commence after the completion of he probationary period

an d shall be retroactive to the first day the Em ployee repotted for work.(b ) Seniority shall accrue during a continuous authorized leav e of absence without pay up to

six (6) m onths or for the period of an approved maternity leave, provided that theEm ployee Loss returns to work immediately following the expiration of such leave of absence or maternity leave; and during a period of co ntinuous layo ff not to exceed six ( 6)months, if th e Employee is recalled into employment; and during a sick leave of up totw elve (I 2) months.

3. Loss of Senior i ty:A n E mployee's seniority shall be lost and employment terminated w hen he or she:(a ) terminates voluntarily;

(b ) is discharged for cause;(c) exceeds an official leave of absence;(d ) is laid off for a period of more than one (I) year if the Employee has less than five (5)

calendar years ' seniority; or is laid off for a period of m ore than two (2) years if heEmployee has more than five (5) calendar years seniority;

(e ) fails to notify the Employer of his intent to return to w ork on a recall from layoff, w ithinfive (5) days after the Em ployer has sent notice to him to return by letter or telegram witha copy to the Union to the last address furnished to the Employerby th e Employee. Itsh all be the responsibilit y of the Employee to advise the E mploye r of his current address.

4. Appl i cat ion:Seniority shall apply in layoffs and recalls and for scheduling of vacations as provided in thege neral orders, rules, regulations and procedures of he Employer.

5. Layoff:In the event of a layoff, probationmy Employees will be laid offfirst without regard to theirindividual periods of employm ent. N on-probation ary Employees shall be laid off next in order oftheir seniority.

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6. Recall:Whenever a vacancy occurs in a position for which a laid off Employee is qualified, suchEmployees shall be recalled in accordance with their seniority in the reverse order in which theywere laid off.

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ARTICLE6No Strike or Lockout

I. No Employee shall engage in any strike, sit down, sit in, cessation, stoppage or refusal to performwork, including any intermittent strike activity.

2. The Union, its offic ers and agents, shall not in any way autho rize, assist, encourag e or participatein any strike, sit down, sit in, cessation, stoppage or refusal to perform work , including anyintermit tent strike activity.

3. In addition to any othe r liability, remedy or right provided by applicable law or statute, should astrike, sit do wn, sit in, cessation, stoppage or refusal t o perform work occu r, the Union, withintwenty -four (24) hours of a request by the Em ployer, shall:(a) Public ly disavow such action by the Employees;(b) Advise the Employer in writing that s uch action by E mployees has not been ca used or

sanctioned by the Union;(c ) NotifY Employees of its disapproval of such action and instr uct such Employees to cease

action and re turn to work immediately;(d) Po st notices on the U nion Bulletin Boards advising that it disapp roves of such action, and

instructing Employ ees to return to work immediately.4. The Employe r agrees that it will not lockout Employee s during the term of his Agreement and

the Unio n and Employees ag ree that no picketin g or handbilling again st the Employer will occurdur ing the term of th is Agreement.

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A RTICL ESDischarge and Discipline

I. The Em ployer, includ ing the Fire Chief, shall have the right to discharge, suspen d or disciplineany Employee for just cause.

2. V erbal Counseling is no t considered a discip linaty action and as such, they are not subject to thegrievance process.

3. In the event of a proposed suspension, reduction, removal or di scharge, the grievance andarbitration procedure of his Agreem ent shall exclusively apply.

4. With respect to disciplinmy matters:(a ) Notice:

The Employer will notify the Em ployee and Union, in writing, within five (5) calendardays excluding weekends and Holidays after com pletionof he investigation and them ak in g of a decision on the matter, of any w ritten reprimand, suspension, reduction or removal. Written notice will be either hand delivered or certified mailed to theEmployee ' s and Union 's last known address.

(b ) Co ntest:If the Union or th e Employee desires to contest a suspension, reduction or removal ,written notice thereof shall be given to the Employer w ithin a period not to exceed seven(7 ) calendar days excluding w eekends and H oliday s from the date of he above notice. Insuch event, the dispute shall be submitted and determined under the grievance andarbitration procedures hereinafter set forth, commencing at step 2 of the grievan ceprocedure .

5. Upon request of he Employer, an Employee w ho has been absent from w ork (other than earnedsick leave, vacation, holidayor an approved leave of absence w hich are covered in other A tticleshe rein) must furnish satisfact01y pro ofjustirying the reason for the absence or be subject todisciplina ry action .

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3. Any grievance not answered by the Employer, within the prescribed time limit, including an yag reed extensions, shall be considered to have been answered in the negative and may beadvanced to the next step.

4. A time limit under this Article may be extendedby the mutual agreem en t of he patties in writing.

5. T he parties may agree to waive one or more steps in the grievance procedure and commence thegrievance at a higher step. A grievance regarding a discharge, reduction or suspension fordisciplinary reasons shall commence at Step 2 of the grievance procedure.

6. An Employee serving an initial probationary period shall not be permitted or entitled to use the grievance and arbitration procedure for any purpose .

7. It is the intention of he patties that as to all m atters involving discipline and termination ofEmployees that this contract 's Atticles 7, 8 and 9 procedures apply, in lieu of he otherwiseapplicable provisions of he Ohio Revised Code, including R.C. Section 505.38, et seq.

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ARTICLElOArbitration

I. Procedure for requesting:(a) A grievance as defined in Article 9which has not been resolved thereunder may, withinten (10) Calendar days, excluding weekends and Holidays, after the completion of Step 4

of the Grievance Procedure, be referred for arbitration by either party to this Agreementby directing a written demand therefore to the Arbitration and Mediation Service("AMS") and by sending a copy of the notice to the other pa1iy.(b) The arbitrator shall be a mutually agreed upon neutral third pa1iy selected from a list ofnine (9) potential arbitrators with offices located within 125 miles of West Chester, Ohiofurnished by AMS. The arbitration shall be conducted in accordance withAMS rules.(c) The arbitrator shall schedule a hearing within sixty ( 60) days of notification of ime andplace convenient to the pmties, unless mutually extended by the pmties.(d) The decision of the arbitrator shall be submitted in writing to the parties within thhiy (30)calendar days of hearing' s conclusion, unless the deadline is mutually extended by thepa1ties.

2. Fees:The fees and expenses of the arbitrator shall be borne equally by the parties.

3. Binding effect:The award of he arbitrator hereunder shall be final and binding upon the Employer, theEmployee and the Union.

4. I>owers of the Arbitrator:(a) The arbitrator shall not have the power to add to, subtract from, or modify any of heterms of his Agreement.(b) This provision does not prevent an Employee disciplined by any such existing or futurerule to grieve the application of that rule to his/her pmticular circumstances.

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ARTICLEllPersonnel Files

I. Public Access:(a) If, under the Public Records Act, a non-Employee makes a request to inspect anEmployee's personnel records, the Employee will be notified ofthe date and time of heinspection, if practical, and given an oppmiunity to review the file or information prior tothe inspection.(b) If access is given to an Employee's personnel file to persons outside the employment ofthe Township without the prior knowledge of he Employee, a reasonable effort will bemade by the Employer to inform the Employee of same after the fact.

2. Records of Disciplinary Actions:(a) Unfounded or unsubstantiated complaints and exonerated investigation findings relatingto an Employee will not be placed in the Employee's personnel file, and shall not be usedfor purposes of future discipline.(b) Verbal Counselings and Records of Verbal Counselings are not considered disciplinaryactions, and will contain a statement to that effect.(c) Written reprimands and records of Verbal Counselings may be kept in an Employee'spersonnel file for up to two (2) years from the date of he last occurrence. After two (2)years, if no ftuiher disciplinary action has been taken against the Employee, the

reprimand will be expunged from the file.(d) Disciplinmy actions of less than ten (I 0) shifts or two hundred forty (240) hours shall beremoved from the Employee's personnel file, ten (I 0) years after the issuance of hediscipline, and not considered for purposes of fmiher discipline, provided that nointervening discipline of a suspension or demotion occurs during the ten (I 0) year period.

3. Employees will be provided with copies of items placed in their personnel files. If anunfavorable item or document is placed in such file, the Employee will be permitted to add awritten response or explanation within 30 days of placement of the unfavorable document in thepersonnel file.

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9. Employees assigned on a forty-two and one-half (42-V>) hour workweek shall be entitled to three(3) personal days per calendar year as scheduling permits. Personal days may not be carried overfrom one year to the next.Employees regularly assigned to a 24-48 hour rotation shall be entitled to work reduction days(EDOs) described in the "Hours ofWork and Ove1time" mticle of his Agreement. Workreduction days may not be carried over from one year to the next.

I 0. The Employer shall have the right to demand proo fof all items regarding paid leave.

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ARTICLE 15Vacat ion

Notwith standing the provision s of Section 9.44 of he Ohio Revised Code, Employees shall be entitled tova cation time with pay each yea r as follows. Emp loyees shall take vacation in no less than twelve (12)hour increments for an employee regularly assigned to a 24-48 hour rotation and no less than eight andone-h alf (8-Y,) hour increments for a forty-two and one-h alf ( 42-Y,) hou r Employee.I. 1 yea r:

At the completion of one year of full-time service with the Employer, an Employee assigned on aforty-two and one -half ( 42-Y,) hou r w orkweek shall be aw arded two (2) weeks [85 hours] on theEmployee ' sanniversary date of employment .At the completion of one year of full-time service with the Employer, an Employee assigned ontwenty-four (24) hour shifts shall be a warded five (5 ) twenty-four hour shifts [one hundredtwenty (120)hours] on the Employee's anniversary date of employment.

2. 1 - 7 years:(a) In the first full pay period after the first of he year, a pro-rated am ount for the time

between the Employee's first anniversm y date of employment and the end of he year.(b) Thereafter, in the first fullpay per iod of each calendar year:AnEmployee assigned on a fmty-two and o ne-half (42-Y,) hour workweek- two (2) weeks.An Employeeassigned on twenty-four (24) hou r shifts is entitled to five (5 ) twenty-four hourshifts [one hundred-twenty (120) hours].

3. 8-14 years:(a ) Dur ing the first full pay per iod of he calendar year in which their 81h year of em ployment

begins:An Employee assigned on a forty-two and one -half ( 42-Y,) hou r workwe ek is entitled tothree (3) weeks.An Employee assigned on twenty-four (24) hour shifts is entitled to seven (7) twenty-fourhour shifts [one hundred sixty-eight (168) hours].

(b) Thereafter, in the first full pay period of each calendar year :An Employee assigned on a fmty- two and on e-h alf ( 42-Y,) h our workweek is enti tled tothree (3) weeks.An Employee assigned on twenty-four (24) hour shifts is entitled to seven (7) twenty-fourhour shifts [one hundred sixty-eight ( 168)hours].

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4. 15-21 years:(a) During the first full pay period of the calendar year in which their 15th year of

employment begins:An Employee assigned on a forty-two and one-half (42-Y,) hour workweek is entitled tofour ( 4) weeks.An Employee assigned on twenty-four (24) hour shifts is entitled to nine (9) twenty-fourhour shifts [two hundred- sixteen (216) hours].

(b) Thereafter, in the first full pay period of each calendar year:An Employee assigned on a forty-two and one-half (42-Y,) hour workweek is entitled tofour (4) weeks.An Employee assigned on twenty-four (24) hour shifts is entitled to nine (9) twenty-fourhour shifts [two hundred.- sixteen (216) hours].

5. 22 - 26 years:(a) During the first full pay period of the calendar year in which their 22"d year ofemployment begins:

An Employee assigned on a forty-two and one-half (42-Y,) hour workweek is entitled tofive (5) weeks.An Employee assigned on twenty-four (24) hour shifts is entitled to eleven (11) twentyfour hour shifts [two hundred sixty-four (264) hours].

(b) Thereafter, in the first full pay period of each calendar year:An Employee assigned on a forty-two and one-half (42-Y,) hour workweek is entitled tofive (5) weeks.An Employee assigned on twenty-four (24) hour shifts is entitled to eleven (II) twentyfour hour shifts [two hundred sixty-four (264) hours].

6. 27 +years:(a) During the first full pay period of he calendar year in which their 27'" year ofemployment begins:

An Employee assigned on a fotty-two and one-half (42-Y,) hour workweek is entitled tosix (6) weeks.An Employee assigned on twenty-four (24) hour shifts is entitled to twelve ( 12) twentyfour hour shifts [two hundred eighty-eight (288) hours].

(b) Thereafter, in the first full pay period of each calendar year:An Employee assigned on a fotty-two and one-half(42-Y2) hour workweek is entitled tosix (6) weeks.

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hours and multiply this by (1.223) to obtain their new amount of vacation hours for thefifty-two (52) hour workweek.(b) When an Employee changes from a fifty-two (52) hour workweek to a forty-two and onehalf(42-Y,) hour workweek, then he/she will take their current amount of vacation hoursand divide by (1.223) to obtain their new amount of vacation hours for the fmty-two andone-half (42-Y,) hour workweek.

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ARTICLE 16Holidays

I. The following Holidays will be recognized by the Fire Department Management:

2.

(a) New Year' s Day(b) Martin Luther King's Birthday(c) President's Day(d) Memorial Day(e) Independence Day(f) Labor Day(g) Columbus Day(h) Veteran's Day(i) Thanksgiving Day(j) Christmas DayEmployees working a forty-two and one-half (42-Y>) hour workweek will recognize theseHolidays in conjunction with the Township.Employees working twenty-four (24) hour shifts will recognize these Holidays on the day theHolidays actually fall on.

(a) Employees covered by this Agreement who are in full-time employ of West ChesterTownship who are scheduled and required to work on the above Holidays as observed byFire Depmtment management, will be paid their current regular pay plus Holiday pay ofone-half (II,) times their hourly rate for actual hours worked on the Holiday, payable thenext regular pay following the Holiday.(b) Should an Employee' s scheduled workday not fall on one of the above Holidays, he/she

shall be paid eight (8) hours Holiday pay at their regular hourly rate.(c) An Employee called in to work on a Holiday in which he/she is not scheduled, shallreceive one and one-half(l-\1,) times their hourly rate for actual hours worked on theHoliday in addition to their regular eight (8) hours of Holiday pay.(d) !fan Employee assigned on a forty-two and one-half(42-Y>) hour workweek is on

vacation during a Holiday, the Holiday offmay be substituted for the vacation day.(e) In order to receive holiday pay, an Employee must work their scheduled shift the daybefore and their scheduled shift after the holiday, unless their absence from work is dueto illness or injmy, in which event a physician's statement will be required, or theEmployee is granted time off by the Fire Chief or his designee for vacation, EDO, or

other approved leave.

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A RT ICLE 18Temporary Disability

l. T he Employer will en deavor whe n practical to reassign any Em ployee to a less strenuous positionwithin the org anization when due to health or disability reasons he or sh e is temporarily unable t ofully pe rform thei r normal duties bec aus e of a job related injury or il lness. An Emplo ye e soreassigne d shall co ntinue to receive all compensation and fringe benefits, includi ng accumul ationof seniority attache d to norm ally assigned position, a nd shall co ntinue at current rateof pay .

2. Th e length of any temporar y reassignm ent will be determ in ed at the di scretion an d judgm ent ofth e Emplo yer taking into consi deration su ch factors as the nat ure of he disability, the availabilityofmeaningf ul work to be perfor med, and th e expectation of he Employee 's return to full dutyst atu s within a re asonabl e length of time. If it becomes necessary to permanently acco mmodatethe Em pl oyee by job reassignment or su ch accom modation will incur a length y re assignmen t, theEmploy er reserves th e rights to adjust th e Employe es pay com mensurat e with the dutiespe rformed .

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1.

AR TICLE 19Wages and Promotions

(a ) Career Firefighter:Beginning on the effective date of his Agreement, hiring datesand rates of pay forEmployees shall be in accordance with the following schedule reflective of a 2.5% acrossthe board w age increase effective on the pay pe riod beginning nearest to Janumy I , 2012,2013 and 2 014, subject tothe conditions set forth in paragraph 2, below:

Convers ion for the wage of he forty-two and one -half ( 42-Y,) workweek willbe calculated bytaking thebi-weekly wage anddividing by 85 hours.

(b) Career Lieutenant:A ny full-time Firefighter who, at any time during his service with the West Chester FireDepartment, achieves the rank of Lieutenant, shall receive compensat ion according to thepay scale at S tep I, effective the date of he promotion.

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Any step increase shall then occu r on the anniversary date of he promotion, not theanniversary date of em ployment, during the first full pa y periodof which the anniversatydate occurs, provided such employee receives a satisfactmy evaluation.Effective the first day of he first full pay period beginning nearest to Januaty I, 2012,2013, 2014 and for the following years Lieutenants shall be compensated as follows(schedule reflective of2.5% increases):

$75,068.29

OT Hour ly Wage Based on 52 hr /week $39.77 $41.65

OT Hourly Wag e Based on 52hr/week

Hou rly Wage Based on 52 hr/week $27.85 $29.16OT Hou rly Wage Based on 52 hr/week $41.78 $43.75

$44.61

$30.49$45.72

2. Failure to attain a satisfactmy performance evaluation w ill result in no incremental step increasefor the following one(I ) ye ar period, or until such time as recommended by the Fire Chief.

3. An interim written performance evaluation will also be conducted by the Fire Chief, or hisde signee, no later than s ix (6) m onths prior to the Em ployee's yearly anniversary date ofemployment, for the purpose of dentifYing problem areas which may adversely affect theEm ployee's el igibility for a step increase on his or her anniversaty date of em ployment .Anniversa ry date raises will become effective during the first full pay period during which theanniversary date occurs.

4. A fter completion of five (5) years of service with West Chester Township, Employees willreceive pay during the first full pay period of each December longevity pay equal to seventy-five(75) dollars per year of service with West C hester Township.

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5. T he Union shall be involved in the developmen t of po licies and procedures for promotions andany major changes thereafter .

6. As soonas practicable, the Employer will endeavor to implement a process of deducting theE mployee's retirement contribution from the Employee's paycheck before State and FederalIncome Taxes are figured. This will have the effect of lowering the Employee 's taxable income,thereby raising the Em ployee's take home pay. Any such plan will require the approva l of th eRetirement System and shall be in accordance with the applicable provisionsof Federal and StateLa w.

7. Acting Officer Com pensation for Employees assigned by the Employer to acting supervisorpositions shall be paid an additional $2.00 per hour except for assigned hours of less than six (6)consecutive hours. A ct ing payis not intended to prevent or preclude promotions to the rank ofLieutenant. Such assignments w ill be selected from the active or most recently expiredpromotional eligibility list, if ap plicable. Act ing pay assignments shall be done similar to themem orandumof understanding on overtime.

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A RTICLE21Uniforms and E quipment

I. Required equipment and apparel will be provided by the Employer at no cos t to the Employeeexcept for undergarments, socks, vests and civilian clothing.

2. The Employer w ill provide one (1) pa ir of work shoes per Employee , per calendar year, asneeded.

3. No insignia, which has not been authorized by the E mployer, shall be worn on Employeeuniforms.

4. A ll equipment and uniforms issued by the E mployer is to be wo rn or utilized on ly wh en on-dutyor authorized by th e Employer and rem ains pro pe tt y of he Employer.

5. All full time Em ployees covered under this agreement shall receive the follow ing work uniformsan d clothing upon hire:

>- Four (4) pair ofwork pant s>- Four (4) short sleeve work sh irts>- Fou r (4) departmental t-shitts>- .One (1) pai r of work boots or shoes>- O ne (I ) uniform belt>- O ne (1) winter jacket >- O ne (I ) pair of department shmts: One (1) depmtment winter knit cap>- O n e(!)job st yle sweatsh it t

Except for the shoes as covered in item #2 above, work uniforms will be replaced on an as neededbasis by the Em ployer.

6. Upo n completion of his/her probationary period, the Employer will purchase a "Class AU niform" at prevailing cost, which will co nsist of he following items:

>- O ne (1) pair of dress pants>- One (1 ) white dress shirt>- O ne (1) dress coat>- One (1) dress tie>- O ne (1) dress bel t>- One (1) pair of dr ess shoes>- O n e (I ) class-a dress cap>- One (1) pair of white gloves>- A ny other service or ra nk designations needed for the uniform

One (1) hat badge and one (I )dress badge will be provided by the Employer.7. T h e E m ployer shall provide a dry cleaning service and all Em ployees shall be allowed to wash

his/her uniformsat the station, at no cost to the Employee.

8. T he Employer shall issue each full-time Em ployee one (1) Self-Contained Breathing Apparatus(SCBA) mask for use while on duty. The S C B A mask shall be properly fitted.

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dictate.Any deficiencies found over time with general wear and use shall be fixed or replaced, at no costto the Employee. The Employee will reimburse the Employer for replacing a SCBA mask as aresult of being lost or damaged due to non-fire service functions.The union agrees to provide a protective case for the SCBA mask for each full-time Employee atthe time of issue.

9. The Employer shall provide each full-time Employee a complete set offirefighting gear.10. The Employer shall maintain ownership of all uniforms and equipment issued to any Employee.11. Upon retirement and a minimum of 5 years of service with the Township, Employees will beafforded the opportunity to purchase their fire helmet and dress badges for a fee not to exceed onedollar ($1.00) and will be permitted to purchase their Class A Uniform for one dollar ($1.00).

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ARTICLE23

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Mod ification, Separability and Conflict of Law s

I. Unless otherwise specifically provided herein, the provisions of his Agreem ent shall beconclusi ve as to all bargainab le matters relating to wages, hours of work, and work ing conditions.The refore, the Employer and the Union for the term of this Agreement, each agree that the othershall not be obligated to bargain collectively with respect to any subject matter referred to orgoverned by the Agreem ent unless the Employer and the Union m utually agre e to alter, amend,suppleme nt, enlarge, or modify any of its provisions .

2. Should any provision of his Agreement be found to be illega l or unenforceable by a court ofco mpetent jurisdiction, all other provisions of his Agreement shall remain in full force and effectfor the duration of his Agreement.

3. The patties agree that this A greement will be the sole and exclusive recourse available toEm ployees and the parties hereto, and where provisions of his Agreement conflict in any manne rwith otherwise applicable provisions of Ohio law, this Agreement shall prevail pursuant to OhioRevised Code Section 4117.10 (A).

4. In the even t of nvalidation of any Article or Section, as described in this Agreement, the partiesagree to meet, i f reques ted in writing, within thirty (30) day s of su ch request for the purpose ofrenegotiating said Article or Se ction.

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ARTICLE24

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Printing

This Agreement shall be printed by the Em ployer and supplied to each Employee within thirty- (30) daysof its effective date at no cost to the Employee. Also, copies of said Agreement will be supplied to newlyhired Em ployees.

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ARTICLE25

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Binding Agreement

Th e provisions of his Agreement shall be binding upon the Employer and the Union and their successorsand/or assignees.

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ARTICLE26

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Outside Employment

I. If the Fire Chief determines that an Employee 's outside work interferes on a continual basis withtheir performance or ability to meet employment requirements of the fire depatiment, theEmployee may be subject to disciplinaty action pursuant to Article 8.

2. Outside employment that constitutes a conflict of interest is prohibited. A conflict of interest isdefined as "a conflict between the public obligations and the private interests of a public official."3. Injmy leave as it pertains in this agreement shall not apply to Employees who are injured duringoutside employment.4. This article is not intended to prohibit paid employment with the IAFF.

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ARTICLE27

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Waiver In Case Of Emergency

l. In cases of emergency declared by the President of he United States, the Governor of he State ofOhio, the Township of West Chester, federal or state legislature, such as for acts of God or civildisorder, the following conditions of his agreement may be temporarily suspended by theEmployer:(a) Time limits for the filing and processing of grievances; and(b) All work rules and/or agreements and practices relating to the assignment of Employees

2. Upon the termination of the emergency, should a valid grievance exist, it shall be processed inaccordance with the provision outlined in the grievance procedure of his agreement and shallproceed from the point in the grievance procedure to which they had properly progressed prior tothe emergency.

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Physical Fitness Program

I. This contract reflects the "memorandum of understanding" between the Employer and the unionon a physical fitness program.

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ARTICLE29

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Drug Free Workplace

I. The Employer and the union recognize alcoholism and drug abuse or addiction as interfering withthe depatiment's services and as posing a danger to the health and safety of others.

2. The Employer has the right to insist on an alcohol and drug-free workplace. The union shall beinvolved in the development of a drug free workplace policy and any major changes thereafter.

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ARTICLE30

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Labor/Management CommitteeI. There shall be a Labor-Management Committee consisting of hree (3) Union representatives andthree (3) Employer Representatives.2. The purpose of his Committee is to facilitate improved relations by providing a forum in whichto discuss areas of mutual concern. Matters of mutual concern include, but are not limited to,

safety, health, welfare, equipment, apparatus, policies and procedures.3. The Committee will make evety effmt to meet quarterly to discuss agenda items.4. Agendas shall be provided by both patties at least one (I) week in advance.5. Meeting minutes, which shall be typed and distributed to all Committee members, shall be keptfor each meeting.

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ARTICLE31

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Shift OpeningsI. In the event the Employer determines a shift opening or openings will occur(s) by creation,promotion, demotion, retirement or other separation, the shift opening(s) only shall be announcedand posted for six (6) calendar days.2. An Employee may utilize one (I ) transfer request per calendar year.3. In the event that more than one (I ) Employee submits a written transfer request to the Employerfor the position, the Employer will consider the Employee having the greatest seniority whomeets the staffing needs, as determined by, and in the sole discretion of, the Employer. If theEmployee turns down the transfer, the transfer request is removed from the file.4. In the event that no transfer request is received for a posted shift opening, the Employer has theright to assign the position to any Employee.5. Employer shall not be required to approve more than five (5) transfers per initial shift opening.6. Transfer assignments for shift openings are not subject to the grievance or arbitration provisions

of this Agreement.

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ARTICLE32

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Duratio n I Authentication

Th is Agr ee ment shall becom e effective as of I Janum y 20 12 and shall co ntinue until31 Dec ember 2014.The re after, it shall continu e in force fiomye ar to year unless either party hereto notifies the oth er inwriting at least sixty (60) days pr io r to the expira tion of he term or ex tended termof he Agreem ent, ofany inten tion to make changes in or t ermina te the A gr eem ent.

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In W itness w hereo f, th e par t ies hav e execut ed this Ag reement t h ~ ofWftV. 012 .

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THE B O A R D O F T R U S T EE SW E S T C H EST E R T O W N S H IPB U T L E R C O U N T Y , OHIO

ather ine Stoker, Pres ident

Ce11ifica tion :

A pprov ed as to form:FROST BROWN TODD LLCAt1orn ey s at L aw

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LOCAL3518INTERNATIO N A L ASSOCIATIO NOF Ff f iE FIGHT ERS

Je e) o ore , Pres1dentIAFF Local 3518

Je tJ . drington , Negotia t in g Te a mJA F Loca l35l8

Memoran dum of Unde r standingSHIF T TRADES

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1.1 Employees m ay subst i tu te , duri ng scheduled hours, for another Emplo yeei f p rio r approval i s received by th e Fire Chie f or h is designee . Thesubs ti tu t ing Em ployee sh a l l be excluded f rom any overtim e ca lcu la tionun der the Fair Labor Standard s Ac t fo r hou rs wo rk ed.

1 . 2 Tr ade request mu st be made no le ss than tw elve (12) hours pr ior to th e beginnin g of th e t ra de .

1.3 Trade re quest mus t be made fo r a m inim um of th ree (3) hours.1.4 Th er e shal l be no l im it on trades . Trades sha l l be paid ba ck wit hin

t we lve (12) calendar mon th s of th e i n i t ia l t rade date .1.5 Trad es of l e ss than t we nty four (24) hour s m ay be co mbined to make a

tw enty four (24) hou r shi f t .1 .6 Employees sh a l l not be permitted to t rade be tw een c la ss if ica tions . A s

f igh te rs may only trade w i th another f i r e f igh te r an d a Lie u t enant m ay only t rade v1ith a Lieutenan t , unless pr io r approval i s received by t h eFire Chi ef or h is designee.

1.7 In th e event th a t an emplo ye e ha s a personal i llnes s an d ca nn ot fu l f i l la l l or an y par t of a t rade repayment shif t , th e em ployee' s s ic k le avesha l l be deducted to s a t is fy any unpai d por t ion of the t r ade repaymen tsh i f t .

1 . 8 An em ployee \ JOrk in g a t rad e repayment sh i f t (a l l or par t ia l) \vho i s in jured on and re li eved of duty whil e wo rkin g the trade repaymen t sh i f t or pa r t ia l sh if t , s h a ll not ow e th e em ployer the remain in g ti me on tha tshi f t or par t ia l sh i f t , provided however tha t su ch em ployee will remainobli gate d to re pay an y exist ing , outstanding, or subsequent sh if t orpa r t ia l shi f t trade .

This e m o r a ~ d u m / Understa nding i s m ade and entere d in to on the da yof 20 12 by an d bet\veen \V est C hester Tovmship an d theIn ternational Association of F ire F ighters , Lo cal #3518 .IA FF Loca l #3518

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2 .25 .No em ployee sh a ll b e m an d ate d as to w o rk on bo th of heir of fdays be tw een regularl y scheduled unit da ys, unless allo the r opti ons hav e bee n exhauste d.2 .2 6 .No em p loyee shall wo rk fo r m o re th a n fo rty-eight (4 8) co nse c ut iv e hours. Employees working for forty-eight (4 8 )

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consecutiv e ho ur s sha ll have a m in imum of w elve (1 2) h our s of f bef ore returnin g. An ex cep tion ca n be m a d e forpr olo nged emerg ency ca l ls, holding ove r for an em pl o y e e com in g fiom anothe r st ation o r all o th er op t io n s have been exhausted . This is no t in te nd ed to p ro hibit the return of a n em p loy ee to their regularly scheduled shi ft at the no rm alst ar tin g time.2.27.ln th e ev ent that emplo ye es must be manda ted w ho fall u nder an exe mption of his policy, the followin g lis t sho w s theor d er employees shall be m and ated.

I. M E M B E R S M A N D AT E D F O RTWENTY-FOUR (2 4 ) H O U R S2 . M EM B ER S W O R K I N G FO UR (4 ) D A Y S STRA IGHT3. M E M B E R S AT C LASS I TRAIN I N G4. M EM B E R S ON ED O5. M EM B ER S ON TRADE6. MEMBERS W O R K I NG 48 contin uou s H O U R S

T hisMe m o rand u m of U n ders tanding is made and entered in to on the J..!__ day of_ ({e , 20 12, by and bet weenWest C hes te r Tow n ship and th e Internatio nal Associa tion of Fi re Fighters, Local #3518.

IAFF Local #3 5 18

' - - -:- ,

Vice Presiden t

ecreta ry I Treas u rer

Version 06/01/1 2