City of Boulder and International Association of Firefighters, Local #900 Collective Bargaining Agreement

The content on this page is the text from the current collective bargaining agreement between Boulder and IAFF Local #900. The official and executed document is available upon request.

January 1, 2024 – December 31, 2025

The following Agreement by and between the City of Boulder, herein referred to as the "City", and Local #900, International Association of Fire Fighters, herein referred to as "Local #900", is designed to promote and maintain a harmonious relationship between the City and such of its employees who are within its provisions in order that more efficient and progressive service may be rendered. For the purpose of clarification, this Agreement covers, applies to, and protects all Fire Department positions up to and including the rank of Fire Captain. The City shall make/create policy with full regard to Article XIV. Management Rights and Responsibilities, Section 7.

It is understood that this Agreement was negotiated in good faith and shall not be violated or abridged, in any way by either party.

The City of Boulder and Local #900 of the International Association of Fire Fighters have agreed that effective January 1, 1978, the Labor Agreement shall be included as a part of the Boulder Fire Department's "policies and procedures".

48/96 shift schedule: A three (3)-battalion system in which employees work two (2) consecutive twentyfour (24) hour shifts for a total of forty-eight (48) hours, and then have ninety-six (96) consecutive hours off. A typical work period is as follows: X=work day and O=day off XXOOOOXXOOOOXXOOOO and so on.

Paging: To meet the intent of this contract whenever reference is made to “a page,” it is understood that the notification may be made by a call to a phone, cell phone, or pager.

Receipt - shall mean, in the event of hand delivery the date when any document or notice is actually delivered to the office of the appropriate party, and in the event of delivery by mail, three (3) days after the date appearing on the postmark on the correctly addressed envelope containing such document or notice.

Reproductive health: Male and female wellness with respect to conceiving, fetal care, and birth (ref: Article XXIV).

Shift: Twenty-four (24) continuous hours beginning at 0700 each day.

Submitted or Rendered - shall mean in the event of actual hand delivery, the date when the document or notice is delivered to the office or the appropriate party, and in the event of delivery by mail, the date of the postmark appearing upon the correctly addressed envelope containing the document.

Transitional duty (or light duty): Non-hazardous, duty in the City available to all full-time, permanent, and probationary workers. Guaranteed, but not required (ref: Article XXIV).

Work cycle: Two (2) regularly scheduled consecutive twenty-four (24) hour shifts.

1. The employees of the Boulder Fire Department, by a majority, have selected Local #900 as their Bargaining Agent.

2. The City hereby recognizes Local #900 as the exclusive Bargaining Agent on behalf of all fire fighting personnel up to and including the rank of Fire Captain with respect to wages, hours of work, fringe benefits, and grievance procedure.

3. Union officials or representatives and pension board members shall be granted time away from their assigned duty station, with prior approval of the Fire Chief or their designee, in order to conduct Union or pension board business.

4. When IAFF elects new members to its leadership, the union will formally notify Human Resources via memo or e-mail. The notification shall include the date of the change and the employee names and positions.

5. The Human Resources Department will maintain current versions of all final approved and signed contracts, letters of agreement, and other official documents which impact this agreement in a location accessible to all city employees. On the first workday of each quarter, Human Resources will provide a summary to IAFF of any contract materials posted during the prior quarter. Any IAFF inquiries related to the posting or need for posting of official contract documents shall be sent to Human Resources.

1. The City shall furnish one written copy of this Agreement to every member of Local #900.

2. The Bargaining Unit shall supply the City with a signed statement from all employees indicating they have a copy of this Agreement and that they should read and abide by it.

1. The non-economic portion of this Agreement shall be in effect from the first pay period of 2024 through the last pay period of 2025 and from year-to-year thereafter unless, during March of any given year thereafter, either the City or Local #900 shall serve to the other written notice of a desire to modify this Agreement, in which event negotiations concerning modifications will be held.
   
   For the term of this non-economic Agreement, the application of Fire Department rules, regulations, policies, procedures, programs, or directives not included in this Agreement shall be guided by past practices. Changes in interpretation of such matters shall be subject to grievance within the grievance procedure of this Agreement. Nothing in this section shall interfere with or preclude Management's right as described under Article XIV. Management's Rights and Responsibilities, section 7.
   
   
2. The economic terms of this Agreement shall be in effect from the first pay period of 2024 through the last pay period of 2025 and from year-to-year thereafter unless, during March of any given year thereafter, either the City or Local #900 shall serve to the other written notice of a desire to modify this Agreement, in which event negotiations concerning modifications will be held.

1. The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to all proper subjects of collective bargaining and that all such subjects have been discussed and negotiated upon and the agreements contained in this Agreement were arrived at after the free exercises of such rights and opportunities. Therefore, the City and Local #900, for the life of this Agreement, each voluntarily and unqualifiedly waives the right and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter not specifically referred to or covered in this Agreement, even though such subject or matter may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Agreement, except that any subject or matter may be resolved after the negotiation process is completed by a negotiated addendum to this Agreement, that is, by "Letter of Agreement" signed by both parties, and subject to ratification by the body of Local #900 and approval of the City Manager. Every effort will be made to arrive at equitable solutions whenever a problem exists.

1. If any provision of this Agreement is found to be unlawful, unenforceable, or not in accordance with applicable statutes or ordinances, it shall be declared null and void and no longer in effect. Such language shall then be subject to renegotiation by the City and the Bargaining Unit. All other provisions of the Agreement shall remain in full force and effect for the duration of the Agreement.

2. No action or ruling by state or federal government or of any court or any state or federal administrative agency shall be subject to the grievance procedure even though such action or ruling may abridge some portion of this Agreement.

1. During the life of this Agreement, the City agrees to deduct a single flat rate for Union membership dues levied by Local #900 in accordance with the Constitution and By-Laws of Local #900 from the pay of each employee who executes or has executed an "Authorization for Check-Off of Dues" Form as provided in Section B. of this Article.
   
   
2. "Authorization for Check-Off of Dues" Form:
   
   To: City of Boulder
   Human Resources Department
   
   "I hereby authorize the City of Boulder to deduct from my earnings the regular monthly dues (uniform in dollar amount), which I am required to pay as a condition of maintaining membership in good standing in Local #900, International Association of Fire Fighters, AFL-CIO, in the amount certified by the President of Local #900, and further authorize the remittance of such amount to the Union in accordance with the currently effective agreement between the City and the Union. This authorization is revocable by a notice in writing to the Human Resources Department and Local #900.
   
   I hereby waive all right and claim for said monies so deducted and transmitted in accordance with this authorization and, further and separately, relieve the City, any department of the City, the Union and all their officers, representatives or agents from liability thereafter."
   
   Name/Social Security Number
   
   _________________________________
   Signature/Date
   
   

3. A request for any change in the monthly flat dollar amount must be submitted no later than three (3) weeks prior to the beginning of the pay period in which the change is to take effect. Changes must be requested in writing by the President of Local #900.

4. The City shall not be liable to Local #900 by reason of the requirements of this Article for the remittance of payment of any sum other than that constituting actual deductions made from employee wages earned.

5. This Article shall not be interpreted or enforced in such a manner as to deny any employee any right guaranteed by the Constitution of the United States of America.

1. Neither the City nor Local #900 shall discriminate against or in favor of any employee of the City in any personnel action governed by this contract or any other action under this contract on the basis of any category protected by law or political or union activity (other than those union activities prohibited by this agreement).

2. Management and Local #900 agree not to interfere with the right of employees to become or not to become members of Local #900 and further, that there shall be no discrimination or coercion against any employee because of Local #900 membership or non-membership.

1. All employees covered by this Agreement and who decline membership in Local #900 may, at the end of thirty (30) days following the date of their hire, begin a monthly payment of money equal to dues as required by the Local according to its constitution and bylaws as a condition of maintaining membership in good standing of the Local.
   
   A special fund entitled "Local #900 Benevolent and Welfare Fund" shall be established by Local #900 and all money contributed, as indicated above, shall be placed in this Fund and used for no other purposes than benevolent and welfare activities, which may include: flowers expressing sympathy or congratulations to friends of Local #900 and Local #900's death benefit contribution.

   A record of all money paid to and from this Fund shall be maintained by Local #900 and any employee contributing money to this Fund shall have the right to periodically review its financial record.

2. Employees otherwise eligible for inclusion in the bargaining unit, as outlined in this Agreement, shall be free to join, or refrain from joining Local #900 and shall not be coerced by either party to this Agreement.

1. Maintenance work performed on Department facilities or equipment shall exclude any work which, according to City ordinances, requires a contractor's license.
   
   
2. It is the City's specific intent that Fire Department facility maintenance shall continue to be subordinate to fire service goal related tasks.

1. Safety and Health Advisory Committee
   
   In order to provide and maintain the highest standards of employee safety and health, the City under the direction of the Fire Chief and City Risk Manager, is responsible for occupational safety and health. To help provide a safe work environment for all employees, the City and Local #900 agree to establish a departmental safety and health advisory committee.
   
   
2. Safety and Health Advisory Committee Membership
   
   The committee will be comprised of three (3) members from Management and three (3) members from the Bargaining Unit with a seventh (7th) member being added to the committee when it is deemed necessary for the purpose of avoiding a stalemate on final recommendations being made to the Fire Chief. This member may be requested from the Occupational Safety and Health Administration or a person as agreed-upon by Labor and Management. Membership will be agreed upon by the Bargaining Unit and Management, with an emphasis on those that can provide the highest levels of input and response regarding overall safety of department.
   
   Recommendations made by the Committee shall be submitted to the Fire Chief, City Risk Manager, and if applicable, City Safety Committee. A written decision concerning all recommendations made to the Fire Chief, City Risk Manager and if applicable City Safety Committee will be sent to the Safety and Health Advisory Committee and City Manager.
   
   
3. Safety and Health Advisory Committee Responsibilities
   
   1. Meet monthly, or more frequently as required, in order to address complaints, review current safety-related projects, review current safety-related trends, make recommendations, and set priorities for future budget requests.
      
      
   2. Provide a quarterly, or more frequently as required, written or oral brief to the Fire Chief and/or their designee and Bargaining Unit and/or their designee, presenting Committee issues and priorities as well as recommendations for future safety-related policies and procedures.
      
      
   3. Provide guidance to Management on the provision of the appropriate level of protective equipment to personnel based on contractual agreements, department policies, and industry standards.
      
      
   4. Coordinate with the Fire Chief and City Risk Manager to ensure City safety polices and procedures are being implemented and provide reporting to the Risk Manager outlining any facility issues or identified hazards.
      
      
4. Safety, Health, and Wellness Programming
   
   In order to provide a safe and healthy work environment for all employees that emphasizes overall wellness, the following programs shall be established by the Fire Department. The reporting and programmatic activities will be shared regularly at meetings of the Safety and Health Advisory Committee.
   
   
   1. Accident Review and Near Miss Reporting
      
      
   2. Safety Equipment Inspection Programs
      
      
   3. Facility Safety and Design
      
      
   4. Wellness and Fitness Program
      
      
   5. Research and Development Program
      
      
5. Safety Equipment
   
   Equipment provided by the Fire Department to employees will include, but is not limited to, the Firefighting ensemble (helmet, hood, turnouts, gloves, and boots) as well as safety equipment to include up-to-date airpacks and Personal Protective Equipment.
   
   
6. Wellness-Fitness Program
   
   A working group of the Health and Safety Advisory Committee will continue to develop recommendations to Management for implementation of a Wellness-Fitness Program. The Department’s core Wellness-Fitness Program implementation is intended to include access to exercise facilities for on-duty personnel, minimum fitness standards, back-to-work guidance, and expanded employee assistance programming for mental health.
   
   
7. Where feasible, the Fire Department will continue to participate in state-sponsored health and wellness programs and trusts to facilitate early detection and intervention.

1. The City agrees that so long as this Agreement is in effect there shall be no lockouts. Local #900, its officers, agents, members, and employees covered by this Agreement agree that so long as this Agreement is in effect, there shall be no strikes, sympathy strikes, sit-downs, slowdowns, stoppages of work, boycotts, or any unlawful acts that interfere with the City's operations.

1. New Employees
   
   New employees of the Fire Department are subject to a probationary period of twelve (12) continuous and uninterrupted months during which time they are subject to review of their competency to carry out the responsibilities of the position. If the Fire Chief decides that the new employee cannot pass the probationary trial, the new employee can be terminated without prejudice. The Fire Chief may extend this period for an additional three (3) months by informing the employee and the Human Resources Department of intent.
   
   The completion of an employee's probationary period will be considered to occur twelve (12) months from their date of hire, unless extended by the Fire Chief.
   
   
   

2. Promotions and/or Transfers
   
   Employees promoted or transferred from one division to another within the Fire Department are subject to a probationary period of six (6) months of continuous and uninterrupted service during which time their job performance will be reviewed to determine competency within that position.

   At the discretion of the Fire Chief, the probationary period may be extended to a maximum of an additional three (3) months.
   
   The completion of an employee's probationary period will be considered to occur six (6) months from their date of transfer or promotion, unless extended by the Fire Chief.
   
   Employees on probation following promotion who return to their former positions voluntarily, including employees who are promoted to Fire Department management positions from bargaining unit positions, shall assume their former duties without prejudice.
   
   If the Fire Chief determines that an employee has failed probation, the employee may be returned to their former position without prejudice.
   
   However, in the event no opening is available in the employee's former position, they may be assigned to the next lower available position within the Department but will receive the maximum pay of the position from which she/he was promoted. In such cases, the individual will be guaranteed the first (1st) available assignment to his/her former position.
   
   

3. 1. Any time after probation is completed, an employee with less than satisfactory performance, as determined by the evaluating officer, shall be evaluated by a review board, if that evaluating officer has requested a return to probationary status or demotion to a lesser rank.
      
      The review board shall consist of three (3) members holding the rank of Lieutenant or Fire Captain.
      
      The selection of the board members will be:
      

      1. One (1) selected by the employee being reviewed.
         
         
      2. One (1) selected by the employee's immediate supervisor.
         
         
      3. One (1) selected by mutual agreement of both the employee and the supervisor.
         
         
      4. If the parties involved are unable to agree upon the third (3rd) board member, the employee with the greatest seniority within the ranks of Lieutenant or Fire Captain will automatically become the third (3rd) member.
         

      If, for any reason, this most senior member is unable to serve or has already been selected individually, the next most senior employee shall serve.
      

   2. The review board may sustain, overrule, or recommend a lesser action than that proposed by the evaluating officer.
      
      In any such case the Fire Chief may overrule the decision of the board and impose a less severe action.
      
      
   3. If the review board determines demotion or a return to probation status is the appropriate action, such action will not be considered disciplinary and may not be grieved.
      
      
   4. In order to implement this procedure, either the evaluating officer or the employee must request such in writing within ten (10) days of the date the performance evaluation is reviewed with the employee.
      
      
   5. The board's decision in such cases is a recommendation and not binding should the evaluating officer or the Battalion Chief determine that more severe action is appropriate. Such may be subject to grievance as prescribed by Article XVI. Grievance Procedure.
      
      

4. The termination of new department employees during their initial or extended probation shall not be subject to the grievance procedure.
   
   The return of employees to their former position following promotion shall not be subject to the grievance procedure.

5. Persons on probation will not act in a higher position or rank in which he/she has not been previously certified. However, such an employee may be required to act in a higher position in the event of an active emergency situation, which necessitates his/her so acting to protect life and property.

1. Purpose
   
   Positive Discipline is a program designed to solve the types of problems that have a detrimental effect on Fire Department operations, safety, honesty, and morale. Unlike most traditional discipline systems, Positive Discipline minimizes the use of punishment to correct problems. The focus is on communicating an expectation of change and improvement. The goal is to prevent, limit, and minimize incidents that lead to three (3) categories of problems: Conduct, Performance and Attendance.
   
   
2. Among the rights and responsibilities retained as the sole function of Management, but by no means wholly inclusive of them are, except as abridged by this Agreement: The right to suspend, discharge, or otherwise discipline for just cause.
   
   Pursuant to the terms of this article, the department will craft a disciplinary policy based on the principles of positive discipline.
   
   Changes to the disciplinary policy shall only be made with the consent of the E-board of Local #900 and the Fire Chief or their designees.
   
   
   1. Definition
      
      Disciplinary action shall be divided into two (2) separate categories: (1) informal and (2) formal.
      
      1. Informal:
         
         Informal disciplinary action shall be defined as any coaching, counseling, or mentoring process. The intent of the informal process is to resolve the problem informally without having to resort to formal disciplinary measures.
         
         Employees who receive informal disciplinary action may not use the grievance procedure.
         
         
      2. Formal:
         
         Formal disciplinary action shall be defined as any disciplinary process from written warning to termination. Formal disciplinary measures shall be divided into two (2) separate categories: (1) Minor and (2) Major. Union representation shall be made available at any time if formal disciplinary action is being considered.
         
         Minor disciplinary action is not severe and places an employee on written notice by the supervisor that failure to correct a problem could lead to major disciplinary action. Minor disciplinary action can be considered in future disciplinary actions for no less than three (3), but no more than six (6) months.
         
         Employees who receive minor disciplinary penalties may use the grievance procedure to appeal such discipline to the Human Resources Director (Step 3), whose decision shall be final and binding and subject to no further appeal.
         
         Major disciplinary action is more severe and places the employee on written notice by the supervisor that failure to correct a problem could lead to more serious discipline, including suspension, demotion, and/or termination.
         
         Employees who receive major discipline may use the grievance procedure to process their appeal through to arbitration according to Step 4, Article XVI. Grievance Procedure of this Agreement.
         
         
   2. The City shall initiate an investigation of possible disciplinary action within seven (7) days of the time it has knowledge of alleged employee misconduct with the exercise of reasonable diligence.
      
      The employee will be notified of alleged misconduct and investigation immediately.
      
      If such investigation will take longer than ninety (90) days, the City shall provide written notice of the reason for the extension to the President of Local #900.
      
      In matters involving criminal activity, there shall be no time limit for the investigation or imposition of discipline.
      
      
   3. When the department becomes aware of allegations of misconduct, and such allegations have a detrimental effect upon the employee’s abilities to effectively function as a Fire Department Employee, the Fire Chief may reassign the employee to modified duty or place them on administrative leave with pay. Once the employee is placed on modified duty or administrative leave with pay, the Department shall initiate an administrative investigation and report their findings within ninety (90) days of the conclusion of the investigation. Upon receipt of the investigatory findings, the Fire Chief may impose appropriate discipline. Nothing in this paragraph shall preclude the Department and the employee from mutually agreeing to waive the ninety (90) day limit.
      
      
3. Nothing contained herein shall mandate whether or not back pay shall be given for any period of suspension or discharge but shall be a matter resolved in grievance adjudication or arbitration.
   
   
4. Political Activities – refer to the current City of Boulder Conflict of Interest policy.
   
   
5. An employee who voluntarily resigns their standard position as Engineer, Lieutenant, Assistant Fire Marshal, Fire Inspector, or Fire Captain can return to their previously held position, if available, or to the next lower position available below that previously held rank. To exercise the provision the employee must have tested for, been assigned to and successfully completed probation for the position to which they wish to return.

1. Except to the extent expressly abridged by a specific provision of this Agreement, Management reserves and retains solely and exclusively, all of its common-law rights and responsibilities to manage the organization, as such rights and responsibilities existed prior to the execution of this Agreement. The sole and exclusive rights and responsibilities of Management, which are not abridged by this Agreement, shall include but are not limited to the right:
   
   
   1. to determine the existence or nonexistence of facts which are the basis of a Management decision to establish or continue policies, practices, and procedures for the conduct of programs, and from time-to-time to change or abolish such policies, practices, or procedures;
      
      
   2. to determine, and from time-to-time, redetermine the number, location, relocation, and types of operations, and the methods, processes and materials and equipment to be employed; to discontinue processes or operations or discontinue their performance by employees; to contract or subcontract for the attainment of public objectives;
      
      
   3. to determine the number of hours per day or week, operations shall be carried on, except as specified by this Agreement; to select and determine the number and types of employees required;
      
      
   4. to transfer, promote, or demote employees, or to layoff, terminate or otherwise fully or partially relieve employees from duty for lack of work or other legitimate reasons, and to determine the fact of lack of work;
      
      
   5. to make and enforce reasonable rules for the maintenance of discipline, to determine the means and personnel by which departmental operations shall be conducted;
      
      
   6. to suspend, discharge, or otherwise discipline employees for just cause; to take all necessary action to carry out the mission in emergencies; and to exercise complete control and discretion over the Department and technology of performing its function.
      
      
   7. 1. The City shall seek and consider recommendations from Bargaining Unit employees, through their elected officers, when establishing, changing, or abolishing Fire Department rules, regulations, policies, and/or procedures, the duties and pay grade of new jobs, and the classification of jobs.
         
         
      2. 1. A meeting between the Fire Chief and the President of Local #900 or their designee shall be held each month to discuss items included, but not limited to, Section 7.a. above.
            
            
         2. A copy of any proposed rule, regulation, policy, or procedure formulated at a meeting shall be sent to the Bargaining Unit for review prior to any implementation.
            
            
      3. The Bargaining Unit, through its elected officers, must respond to and/or establish a meeting with the Fire Chief or their designee at a mutually agreeable time within seven (7) calendar days of receipt of proposed rules, regulations, policies, and/or procedures.
         
         
      4. The City shall provide the Union with written notice and a copy of any final changes in any Fire Department rule, regulation, policy and/or procedure, or job description/classification fourteen (14) days prior to effective date. This fourteen (14) day period may be shortened or waived if agreed upon by Local #900 and the City of Boulder.

1. When the City has determined the layoff of employees is required due to economic reasons or due to causes other than disciplinary actions, the displacement or layoff of employees shall be in accordance with relative seniority beginning with the most recently hired employee. Employees designated for layoff shall be given at least thirty (30) days advance written notice of layoff.
   
   
   1. In the case of employees with the same employment date, the determination of persons to be laid off shall be by random lottery. The lottery shall be drawn in the presence of Management representatives, two (2) Union representatives, and the persons who may be affected.
      
      
   2. No new employee shall be hired until every laid off employee has been given the opportunity to return to work.
      
      
   3. Notice of opportunity to return to work shall be given to the laid off employees on the basis of the most recently laid off employee to be the first reinstated. The progression of reinstatement shall be in order of descending seniority with the least senior laid off employee being the last reinstated.
      
      
   4. Upon receipt of notice of opportunity to return to work, the laid off employee shall have four (4) calendar days to submit notice of acceptance or refusal of such opportunity. Failure to respond within four (4) days shall be considered as a refusal of such offer.
      
      
   5. If an employee who has been laid off is working in other employment, they shall have an additional fourteen (14) days to notify their employer of their intent to return to the Fire Department. On the nineteenth (19th) day after their receipt of notice of the opportunity to return to employment with the City of Boulder Fire Department, they shall report for duty.
      
      
   6. If an employee who has been laid off is not engaged in other employment at the time of receipt of notice of opportunity to return to employment with the City of Boulder Fire Department, such employee shall have four (4) days to respond to such notice. If they accept the opportunity, they shall report for duty on the fifth (5th) day after their receipt of notice. Variation in the above stated time schedule may occur, subject to agreement among the Bargaining Unit, the City, and the employee.
      
      
   7. If contact is not made between the laid off employee and the City in seeking to notify them by registered mail and telegraph or telephone within five (5) days, the City may contact the next senior laid off employee to fill the available open position. The employee bypassed in this manner shall become the senior employee next eligible for reinstatement.
      
      
   8. 1. In the event a laid off employee, who has been employed outside the City is unable to return to work within the prescribed period, they may upon reasonable proof of such difficulty to decline recall at that time.
         
         
      2. An employee who declines recall, as indicated above, will retain their relative seniority position and may be recalled, as necessary, in the future.
         
         
      3. An employee may so decline recall on only one (1) occasion.
         
         
      4. When an employee declines recall, the City will proceed to the next individual scheduled for recall and notify them of the opportunity to return to work.
         
         
      5. Should all laid off employees decline their opportunity for recall, the City will proceed through the recall list until it reaches the most junior employees necessary to fill recall needs. These employees will be required to return to work or give up all further rights to re-employment with the City.
         
         
      6. This process will continue back through the recall list until all recall needs are met.
         
         
      7. If contact, as defined in subsection 7. above, is not made within five (5) calendar days, the City may contact the next senior laid off employee to fill the available opening. An employee bypassed in this manner shall become the senior employee next eligible for recall.
         
         
      8. If a laid off employee refuses to be reinstated or fails to report, as agreed, they will thereby waive all further consideration of reinstatement.
         
         
   9. An employee who is reinstated shall receive credit for full seniority in service time, excluding time of layoff, and shall fully retain all benefits accrued and unused prior to layoff.
      
      If allowed by the insurance carrier, employees laid off from the City may retain whatever group insurance programs they had at the time of layoff by converting to a private plan and by assuming the total cost of each benefit.
      
      
   10. An employee recalled from layoff will receive the same prevailing rate of pay for the position held prior to layoff.
       
       
2. Reduction in Rank
   
   Adjustment in position of rank or grade due to layoff, reclassification, or causes other than disciplinary reasons, shall be based solely on seniority in grade. The employee with the least seniority in grade to be the first affected.
   
   
   1. Reinstatement to grade shall begin with the most senior displaced employee to be the first reinstated. Upon reinstatement to grade, the employee's time in grade shall exclude that time during which they worked out of grade.
      
      
   2. The City shall give the employee working out of grade, written notice of the opportunity to return to their previous grade when such opportunity is available. The employee shall have four (4) calendar days from the time of receipt of such notice to submit notice of acceptance or refusal of such opportunity. Failure to respond within the prescribed four (4) day period shall be considered refusal to accept reinstatement to their former grade.
      
      

   3. If an employee refuses the opportunity to return to their former grade, they shall have waived further consideration to such reinstatement unless otherwise agreed to among the City, the Bargaining Unit, and the employee.

   4. No new appointments to any grade from which employees have been removed or adjusted due to layoffs, reclassifications, or causes other than disciplinary reasons, shall be made until every employee laid off or adjusted in rank has been given the opportunity to return to the position from which they were displaced.
      
      
   5. An employee displaced from their grade due to layoffs, reclassification or causes other than disciplinary action, shall be reduced to the next lower rank. They shall then be considered the senior person in that grade, insofar as the effect of further reductions in grade and the effects on the employee group, as described above. This shall not be interpreted to mean that an employee cannot be reduced from several higher ranks until they are eventually laid off from the department.
      
      
   6. An employee forced to transfer to a lower rated position due to economic layoff, shall maintain their current salary.
      
      
   7. Should an employee refuse reinstatement to their former position, they shall have their salary reduced to the maximum salary for the position they are then holding.

The purpose of this grievance procedure is to provide a way to resolve disputes and complaints concerning the interpretation or application of this Agreement. This procedure is motivated by the desire of the parties to settle disputes as promptly and as economically as possible. It assumes that there will be an earnest effort on the part of the parties to resolve disputes. It is intended to:

• Help resolve disputes and complaints in as efficient a manner as possible;
• Ensure that grievances are initiated promptly in order to avoid the accumulation of old disputes;
• Provide an opportunity for a hearing to every grievant who cannot resolve their grievance through informal discussions; and,
• Provide for formal arbitration in grievances arising out of the imposition of serious discipline that cannot be resolved by less formal methods.

In any instance where an employee believes that she or he has been underpaid pursuant to this Agreement, that employee shall, upon discovery of the error, bring it to the attention of the Chief and Deputy Chiefs. If the matter is not resolved informally and a grievance is filed to recover the underpayment, and if the employee prevails, the payment error shall be corrected on a retroactive basis for a period that extends back in time to a date that is not more than one hundred eighty (180) days before written notice of the error was provided by the employee.

In any case in which it is determined that an employee has been overpaid pursuant to this Agreement, the overpayment shall be returned to the City immediately or as soon as reasonably feasible following a discussion with City management in which issues of the employee’s personal hardship may be considered.

At any step of this grievance procedure, the Executive Board of the Bargaining Unit shall have final authority to decline representation of an employee in the grievance process if, in the judgment of the Executive Board, an employee's grievance lacks merit or justification under the terms of this Agreement or has been adjusted or settled to the satisfaction of the Executive Board.

1. Once a grievance has been submitted in writing, it may not be materially changed throughout the grievance procedure.
   
   
2. No grievance of a disciplinary action may be filed unless the employee who is the subject of the disciplinary action endorses and participates in the grievance.
   
   
3. Only grievances settled by mutual agreement between the Bargaining Unit and the City may be cited as precedent.
   
   
4. In the event a disciplinary action by the City affects more than one employee, each employee affected shall file an individual grievance. Local #900 and the City may agree in writing to combine groups of like grievances or to allow Local #900 to file a single grievance on behalf of all affected employees regarding a specific action. However, if the grievances of several employees are combined or consolidated, this shall not affect the individual treatment and consideration to be given to each employee's case.
   
   
5. The grievance procedures of this Agreement shall not be applicable to grievances arising in the period between the termination of this Agreement and the effective date of its successor.
   
   
6. Grievance decisions shall not be interpreted to change the meaning of the Agreement.
   
   
7. Employees may be represented by a Bargaining Unit Official at any step of the grievance procedure.
   
   
8. Whether or not an issue is grievable may ultimately be determined by the Article or Section of the contract specifically in question.
   
   
9. The time limitations set forth in this grievance procedure may be altered by the written agreement of the parties with regard to any particular grievance.
   
   With respect to the time limits set forth in this grievance procedure:
   
   
   1. "Submitted" or “Rendered” - shall mean in the event of actual hand delivery, the date when the document or notice is delivered to the office or the appropriate party, and in the event of delivery by mail, the date of the postmark appearing upon the correctly addressed envelope containing the document.
      
      
   2. "Receipt" - shall mean, in the event of hand delivery the date when any document or notice is actually delivered to the office of the appropriate party, and in the event of delivery by mail, three (3) days after the date appearing on the postmark on the correctly addressed envelope containing such document or notice, and in the event of e-mail, the first day the recipient is on shift following the sender sending an e-mail through the City’s e-mail system to the recipient’s City e-mail address.
      
      
   3. In computing any period of time prescribed or allowed by this contract, the day of the act, event, or default from which the designated period of time begins shall not be included. Days shall be counted only as whole days and time shall not be computed on an hour or minute basis.
      
      
   4. All time limits set forth in the grievance procedure refer to calendar days except holidays as defined in Article XXX.B. of this Agreement shall not be counted.
      
      
   5. All time limits set forth in the grievance procedure may be extended by mutual agreement of the parties.
      
      
10. The grievance procedure shall be as follows:

Step 1: Initial Complaint and Informal Discussion

An employee who believes they have a grievance shall attempt to resolve the issue informally by meeting with their immediate supervisor, if that supervisor is involved with the grievance the employee may meet with the next supervisor up the chain of command. The meeting shall take place within fourteen (14) days of the earliest of the following: (1) the date of the occurrence of the event that gives rise to the grievance; or, (2) the date upon which the aggrieved party, based upon the exercise of reasonable diligence, first had knowledge of the event giving rise to the grievance.

The failure of a grieving employee, or of the Union on behalf of that employee, to request a meeting within the fourteen (14) day period noted above will end the grievance process.

Step 2: Written Grievance

If a grievance is not resolved in Step 1 and the employee wishes to pursue it further, the employee shall reduce the grievance to writing, and submit it to the Fire Chief or designee within fourteen (14) days of the meeting described in Step 1. The document shall set forth the issues and contentions of the aggrieved party or parties and must allege violations of this Agreement with sufficient clarity and specificity so that the other party reasonable notice of the nature of the grievance.

The grievance must be signed by a Bargaining Unit Official and must be delivered to the Fire Chief and the Human Resources Director within prescribed time limits.

The employee and the Fire Chief, or the Chief’s designated representative, shall meet within fourteen (14) days after a written notice of grievance has been received. The Fire Chief shall consider all evidence material and information presented at the meeting.

The Fire Chief, or the Chief’s designee, shall render a decision on the grievance in writing to the employee and the Local #900 Grievance Committee within fourteen (14) days following the date of the Step 2 meeting. If a decision is not rendered within this period of time, the employee shall have a right to a hearing under the provisions of Step 3 of this procedure.

By written agreement, the employee and the Fire Chief may agree to skip the Step 2 process and proceed directly to Step 3 of this grievance procedure.

Step 3: Appeal to the Human Resources Director and Subsequent Response

Appeal of the Fire Chief's decision or appeal of disciplinary action imposed by the Fire Chief may be made, in writing, to the Human Resources Director by the employee and the Bargaining Unit grievance committee within fourteen (14) days after receipt of the Fire Chief's decision.

If requested by either the Human Resources Director or the grievant, the Human Resources Director or their designee shall conduct an administrative hearing to review events and circumstances involved in the grievance. At such hearing, the Human Resources Director or their designee and/or the grievant may call and cross-examine relevant witnesses and present written or verbal information. Such hearing shall be held within fourteen (14) days of the employee's request or within fourteen (14) days of appeal of the grievance if requested by the Human Resources Director or their designee. In addition, the Human Resources Director or their designee may conduct any further investigation or hold further meetings as they believe appropriate to attempt resolution of the grievance.

The Human Resource Director or their designee will issue a written answer to the grievant within fourteen (14) days, following the date of the last Step 3 meeting. If a decision is not rendered within this period of time, the employee shall have a right to a review and decision by the City Manager orby a Deputy City Manager. Any grievance not appealed to Step 4 within fourteen (14) days of the written answer described in this Step shall be considered abandoned and subject to no further appeal.

Step 4: Arbitration

If the grievance is not satisfactorily adjusted in Step 3, either party may, with reasonable promptness, but in no event later than fourteen (14) days from the date of the receipt of the Human Resources Director's written response, request arbitration. The Executive Board of the Union shall have the exclusive right to determine whether or not the employee's grievance shall be submitted to arbitration by the Union. The parties shall immediately attempt to agree upon an impartial arbitrator.

In the event the parties are unable to reach agreement upon the selection of an arbitrator within fourteen (14) days of the written request for arbitration, the parties will request a panel of seven (7) arbitrators from the American Arbitration Association. From this panel of seven (7) names, each party shall alternately strike three (3) names, the moving party striking first (1st). The remaining arbitrator from the list shall be the impartial arbitrator.

1. The following shall apply to arbitration:
   
   
   1. The arbitrator shall have the right to arbitrate grievances concerning the interpretation or application of this Agreement.
      
      
   2. The arbitrator shall have no power to add to or subtract from or modify any of the terms of this Agreement or any Agreements made supplementary hereto, nor any other matter not specifically provided for within the Agreement.
      
      
   3. The decision of the arbitrator shall be final and binding upon the Bargaining Unit, the City, and the employee.
      
      
   4. All costs of the arbitrator and the arbitration procedure shall be shared equally by both parties.
      
      
2. All parties to the grievance, the City, Local #900, and any individual employee or employees shall abide by all rules and regulations of the American Arbitration Association.

1. Twenty-four (24)-hour firefighters shall work 2,912 hours per year.
   
   
   1. Twenty-four (24)-hour firefighters shall work a 48 / 96 shift schedule, a three (3)-battalion system in which employees work two consecutive twenty-four (24) hour shifts for a total of forty-eight (48) hours, and have ninety-six (96) consecutive hours off. A typical work period is as follows:
      
      X=work day, O=off day: XXOOOOXXOOOOXXOOOO and so on.
      
      
   2. The starting time for determining a twenty-four (24) hour shift shall be 7:00 a.m. of each calendar day.
      
      
   3. The FLSA work period for firefighters working this shift schedule shall be one hundred six (106) hours over a fourteen (14) day period set by the City.
      
      
2. The normal workweek for other Fire Department employees shall be forty (40) hours based on a Monday through Friday, five (5) day schedule.
   
   
   1. Management shall have the right to deviate from this schedule to respond to specific Department needs such as, but not limited to, weekend or evening "rock concerts" or the inspection of shopping centers, restaurants, or other public places where weekend and/or evening activity is high.
      
      
      1. When such changes in the employee's normally scheduled hours result in more than forty (40) hours worked, those extra hours worked will be at time and one-half (1-1/2).
         
         
      2. Management shall attempt to provide twenty-four (24) hour notice of schedule changes. If twenty-four (24) hour notice is not given for schedule changes outside the normally scheduled hours, such changed work hours will be compensated at time and one-half (11/2).
         
         
      3. This shall not apply to overtime and callback as described in paragraph G below.
         
         
      4. Upon mutual agreement between the Fire Chief and the employee, the employee may receive compensatory time off equal to time and one-half (1-1/2) all hours worked.
         
         
   2. Additional positions may be assigned to any shift arrangement prescribed by the City, however, once established, such schedules shall not be subject to change except as agreed by the parties.
      
      
      1. Should the need for such special shift schedule decrease, the Fire Chief may transfer employees to the "normal" Monday through Friday schedule.
         
         
3. Paid leave shall not count as hours worked for the purposes of calculating FLSA overtime.
   
   
4. Inter/Intra Shift Trades of Personnel
   
   
   1. Trades will be acceptable if the person trading has the same qualifications as the person she/he is relieving from duty. If a person is certified for the position for which they are trading for, then they will be allowed to trade. The City will not incur any expense for trades.
      
      
   2. Trades on overtime will be limited to six (6) hours for a twenty-four (24-hour) shift.
      
      
   3. No trades will be allowed on overtime for partial routine overtime callback unless approved by the Fire Chief or their designee.
      
      
5. Any changes in the general department work schedule, as described in Sections A. and B. above, shall be an appropriate subject for negotiations. Any schedule changed outside of the regular contract negotiations must be by mutual agreement of the City and Local #900.
   
   
6. This Article shall not be interpreted as a guarantee of a minimum or maximum number of hours per week or year under conditions which, in the judgment of Management, are necessary for the operation of the Department and preservation of public safety.
   
   
7. Nothing in this Article XVII. Workweek, shall be interpreted to prevent the Fire Chief from altering, changing, or modifying individual employee work schedules. Such alterations, modifications, or changes to individual work schedules shall not exceed nine (9) months.
   
   
8. Personnel returned to duty or called back, or who may be required to work over their normal workday, will be compensated at the rate of time and one-half (1-1/2) their regular contract hourly rate.
   
   
9. Fire Department personnel shall receive one hundred twenty-five dollars ($125) per pay period, in addition to their regular salary, as set forth in Article XIX. Wages, for carrying a department pager and making themselves immediately available for call back and overtime duty, as required by the Fire Chief.

1. Emergency Callback
   
   1. A minimum of two (2) hours will be paid for each emergency callback for those members who arrive at the requested location within a two (2)-hour period immediately following the callback.
      
      
   2. On partial callback an Officer, Engineer (certified or relief driver), and Fire Fighter, or combination consisting of a three (3) person engine and/or truck company will be called to staff remaining engine and/or truck as required.
      
      
   3. Members at an emergency even though callback has not been made, will be considered to be on duty. Example: A member off-duty handles a car fire or a residential rescue by virtue of being coincidentally first on the scene.
      
      
2. Routine Overtime Callback for twenty-four (24)-hour Shift Employees
   
   Routine overtime callback will be in accordance with established policy and procedures agreed upon by the Fire Chief or their designee and the executive board of Local #900. Changes shall only be made with the consent of the executive board of Local #900 and the Fire Chief or their designees.
   
   
   1. The “Routine Overtime Callback” list will be sorted by the person with the least amount of overtime hours worked as the first person contacted.
      
      People with equal hours will be sorted by seniority on the job with the most senior person being contacted first.
      
      An employee may be offered multiple partial routine overtime assignments during a shift as long as the work hours do not overlap.
      
      No person will be offered or accept, a routine or mandatory overtime, if working the vacancy will cause them to work more than seventy-two (72) consecutive hours, without a minimum of a ten (10) hour break.
      
      An employee using sick leave during their regularly scheduled work cycle is ineligible for overtime during the following ninety-six (96) hour break.
      
      

   2. Procedure for Calculating Hours:
      
      As soon as overtime is assigned to an employee those hours will be added to her/his accumulated overtime hours.

      Accepting and Then Canceling Overtime:
      
      Members who accept an overtime assignment and then cancel will be charged hours equal to the number of hours offered to them. This number will be added to their total accumulated overtime hours worked.
      
      To encourage employees to take partial overtime, partials of less than twenty-four (24) hours will not be counted against the employees accumulated overtime hours.

      Overtime shifts of any length worked on city recognized holidays will also not be charged to the employee’s accumulated overtime hours. This applies specifically to the shift starting at 0700 on the day of the city recognized holiday and ending at 0700 the following day.

      Accumulated overtime hours worked will be reset to zero January 1st of each year.

      When the overtime hours are reset each year, the position of each person on the list will not change.

      Members will retain their position on the overtime list until they have amassed more hours than the person or persons below them, at which point they will move to the appropriate position that their total hours equal.

      New hires, and any forty (40)-hour personnel that move to a fifty-six (56)-hour schedule during the calendar year, will enter the list at a point that is equal to the average hours of overtime worked, year to date, by all people on the list and they will be positioned on the overtime list accordingly. If there is a tie, they will enter according to seniority on the job.
      
      

   3. Minimum Callback:
      
      A minimum of six (6) hours will be paid and worked for any routine overtime callback.
      
      If an employee is offered multiple overtimes in one day, other than an extended partial, the employee will be paid the minimum for each callback.
      
      When routine overtime callback is cancelled on the day the overtime is to be worked the employee shall be compensated two (2) hours at time-and-one-half (1-1/2).
      
      
3. Mandatory Overtime:
   
   A separate list for “Mandatory Overtime” will be maintained.
   
   If callback results in an insufficient number of employees to voluntarily meet overtime needs, the first person on the mandatory callback list will be required to work the overtime. This mandatory staffing procedure will only be implemented after all other options for staffing have been exhausted. Calculation of mandatory overtime hours will follow the procedures as set forth in Article XVIII.B.2- Procedure for Calculating Hours.
   
   The on-duty employee may also be required to work until they can be relieved. No response in “mandatory overtime” may result in mandatory holdover.
   
   • A person who has worked a mandatory overtime will retain their hours worked with every promotion or shift transfer and will be placed on the list accordingly.
   • “Mandatory Overtime Lists” will run indefinitely without resetting each year.
   • The “Mandatory Overtime Callback List” will be updated after each shift transfer or new hire.
     
     
4. Overtime at Shift Change
   
   
   1. In order to maintain crew on duty at shift change, when an overtime callback is necessary, the following policy will prevail.
      
      
      1. The person going off-duty in the position vacant at that time will remain on-duty until the callback person can arrive at the duty station, unless another member of the off-going crew volunteers to remain, and providing a crew qualified to act in all positions would be available. The Battalion Chief will be notified by the duty officer who is holding over and when the callback person arrives.
         
         
      2. The person held over will be paid overtime for the actual time worked if the callback person is not at the duty station ready for duty at 0700 hours. The callback person will be paid the difference between twenty-four (24) hours and the time paid to the person held over. At no time will a total of more than twenty-four (24) hours be paid to one position.
         
         
5. Overtime Pay for Special Details
   
   
   1. The Fire Chief or their designee may call back to duty any individual they choose at overtime rate of pay for purposes other than those defined as emergency callback or for minimum staffing. The callback for other than emergency or minimum staffing will not affect the individual as to their standing on the callback list.
      
      
   2. Should an employee accepting the special detail overtime become eligible for routine overtime callback according to Article XVIII, Section B., at any time immediately preceding the special detail event, the procedure for routine overtime callback is in effect. The eligible employee will be given the opportunity to accept or refuse the routine overtime in place of the special detail.
      
      
   3. If an employee accepts routine overtime and has accepted special detail overtime the following procedure will be followed: A partial routine overtime position will be created. The partial overtime list will be followed to satisfy minimum staffing for the duration of the special event. The employee will report to the special event site, at the conclusion of the event the employee will report to the duty station where he/she will complete the overtime shift.

1. The Agreement (2024 – 2025) salary schedule will be paid as outlined below, if the normal workweek is worked or fulfilled as paid leave.
   
   The paramedic differential for each rank is established based on the Fire Fighter 1st class rank, at ten percent (10%).
   
   The pay period one (#1) 2024 General Salary Increase (GSI) is four percent (4%).
   
   The pay period one (#1) 2025 GSI is three percent (3%).
   
   
   

2. In pay period one (#1) of 2024, a one-time Salary Market Adjustment of three percent (3%) will be applied to all ranks in the salary schedule, after the application of the GSI.

   Pay Period #1 2024 Salary Schedule

   *This table is built on the Fire Fighter 1st Class, which is the one-hundred percent (100%) wage.

3. In pay period one (#1) of 2025, following the reduction of holiday accrual in lieu of observing the holiday schedule for twenty-four (24)-hour employees (See Article XXX, Holidays A.), a onetime Holiday Wage Adjustment of one-half of a percent (0.5%) will be applied to all ranks in the salary schedule.

   Pay Period #1 2025 Salary Schedule

   *This table is built on the Fire Fighter 1st Class, which is the one-hundred percent (100%) wage.

4. Paramedic Certification of Officer Ranks
   
   The 2024 – 2025 salary schedule indicates officer ranks of Engineer/Paramedic, Lieutenant/Paramedic, and Captain/Paramedic. The local certification of officers as paramedics is determined by the service needs of the Fire Department. An officer no longer required to act in a Paramedic capacity will move to the appropriate officer-only rank in the salary schedule, effective in the pay period the change is made.
   
   
   
5. The 3rd Class Fire Fighter position is the starting position with the Fire Department. The specific requirements to move from 3rd Class Fire Fighter to 2nd Class Fire Fighter and from 2nd Class Fire Fighter to 1st Class Fire Fighter are outlined in the City of Boulder’s Fire Department Advancement Procedure. Satisfactory service will be determined by the Fire Chief subject to the rights of grievance and arbitration by any grieved party.
   
   
   

6. Absences without pay in excess of one (1) calendar month shall extend entitlement to the next step by the amount of such leave.

   
   

7. Pay grades of new jobs and classifications shall be allocated by the Human Resources Director in conformance with Article XIV. Management Rights and Responsibilities, section 7.
   
   
   

8. Acting to a Higher Position
   
   Employees acting into a higher rank will be paid the hourly wage of the position in which they are acting. A minimum of two (2) hours will have to be worked in an acting situation to receive the pay differential. For the two (2) hours, and every hour greater than that, the employee will receive the higher acting rate.
   
   Any Company Officer is eligible to act into the position of Battalion Chief upon certification. A minimum of two (2) hours will have to be worked in the position of Battalion Chief to receive the pay differential. For the two (2) hours, and every hour after that, a Company Officer will receive five percent (5%) above Fire Captain pay.
   
   Whenever possible, the term for the acting assignment will be for a work cycle.

   At no time can an employee called upon to act into a different position be paid less than their normal rate.
   
   

9. An employee may refuse by written statement to act in a higher position if a non-acting letter is submitted prior to January 1, 2009. The non-acting letter will remain in effect until the individual retracts it. If an individual retracts their non-acting letter, they will not be able to resubmit a nonacting letter. Such refusal shall apply to routine as well as overtime assignments.
   
   In this event, the employee will not be required or requested to act in a temporary routine position. However, such an employee may be required to act in a higher position in the event of an active emergency situation, which necessitates their so acting to protect life or property, or in situations where there is a failure to obtain sufficient staffing to meet management needs on a daily basis with existing on-duty personnel.

   In situations where there is a failure to obtain sufficient staffing to meet management needs on a daily basis, the position will be filled first by someone that has not turned in a non-acting letter.
   
   

10. Employees will be allowed to submit a non-acting letter to the Fire Administration requesting temporary non-acting status for three (3) months for reclamation after an illness or injury or for additional training. This non-acting status will not affect an employee’s promotability.
    
    
    
11. Use of Personal Vehicle
    
    
    1. The City will pay per mile, commensurate with general City of Boulder policy, for use of personal vehicle specifically required by the Fire Department.
       
       
    2. Such payment will be made only for vehicle use required after an employee has arrived at their assigned duty station.
       

1. At the request of City Management, Fire Management, or Local #900, the parties may meet quarterly to discuss matters of mutual interest or concern, including to coordinate pilot programs or other contractual workgroups. The intent of the Labor-Management Committee meetings is not to seek to negotiate changes to the current Agreement, though the parties may, by mutual agreement, use these meetings to prepare for economic negotiations, as outlined in the next paragraph.
   
   The Labor-Management Committee will meet no later than January 31st of the year the current Agreement is set to expire, to prepare for economic negotiations. In this meeting, the parties agree to discuss total compensation, including: Benefits, Incentives, Leave, Retirement, and Wages.
   
   City Management, Fire Management, and Local #900 may invite three (3) participants to each Labor-Management Committee meeting. The Human Resources Director, Fire Chief, and Local #900 President are responsible for designating participants. Additional participation may be permitted by the agreement of all parties.
   
   In 2024, it is Management’s intent to pilot a Benefits Advisory Workgroup through the LaborManagement Committee structure. The Benefits Advisory Workgroup will learn about the city’s existing total rewards program and will provide feedback about the benefit election process, existing menu of benefits, and value of alternative benefits.
   
   
2. The reduction in holiday accrual for twenty-four (24)-hour personnel, in lieu of observing the holiday schedule, in exchange for the one-time Holiday Wage Adjustment, is one with the expressed intent to begin reducing the total usage of paid time-off (vacation, sick leave, and holidays) by Local #900 members.
   
   The Labor-Management Committee, in 2024, will form a working group to conduct research and analysis for the purpose of a recommendation on a Letter of Agreement for calendar year 2025— making additional adjustments to leave accruals and paid leave types.

1. Eligibility
   
   
   1. All employees who have been on active payroll continuously for six (6) months or who are current in their phase training shall be eligible to take vacation.
      
      
2. Accrual
   
   
   1. Vacation shall be accrued by standard full-time employees being continuously employed for the following periods of time. Part-time employees shall accrue a percentage equal to percent of full-time worked.
      
      
   2. Absence from the job shall be counted as "continuous service" for all paid leave, and for authorized leave without pay not to exceed one (1) calendar

Leave Accrual Rate

3. Termination
   
   
   1. Vacation accrued through the last complete pay period immediately preceding the date of separation from employment (separation to be the final day on active payroll, or on paid leave) shall be paid to the employee who retires or terminates. Negative accruals will be deducted from an employee’s pay prior to retirement or termination. Probationary employees shall be paid for accrued vacation credits upon separation.
      
      
   2. Upon the death of an employee, a benefit equal to the amount of accrued and unused vacation will be paid to the estate of the deceased.
      
      
   3. Employees who terminate shall forfeit all vacation accrual credit and if rehired shall be considered in their first year of employment for purposes of vacation accrual. month during any calendar year.
      
      
4. Scheduling – Twenty-Four (24)-Hour Personnel
   
   • All selection of days shall be in descending order of seniority. Five (5) employees may be on vacation on any one (1) day.
     
   • Sick days converted to vacation according to Article XXII. Sick Leave, Section C. Incentives, may be scheduled only after the “second sign-up” has been completed.
     
   • The employee may only sign the total accumulation of vacation days plus carryover from Article XXI. Vacation, Section B. Accrual, Article XXII. Sick Leave, Section C. Incentives #2, and Article XXX. Holidays, Section A., and any carryover accrued from prior years.
     
   • Personnel involved in a shift transfer shall have no impact on the shift to which they are moving. The slot on the shift that the person is moving from will be frozen.
     
   1. Vacation "Sign-Up"
      
      
      1. Twenty-four (24)-hour employees shall be assigned two (2) dates for vacation sign up. They will be given this notification by October 1st.
         
         1. First “sign-up”- employees may schedule up to four (4) work cycles.
            
            
         2. Second “sign-up” - employees may schedule whole vacation shifts without limitation to two (2) day work cycles. During the second “sign-up”, employees may schedule remaining earned vacation and holiday compensation days, excluding any carryover vacation.
            
            
      2. Vacation sign-up will start no later than October 15, and the five (5) most senior members on each shift shall sign on that date for the upcoming year’s vacation. Sign-up will be in order of seniority. Each person will be assigned a specific calendar day (based on seniority) for signing vacation. If they do not select their vacation during their assigned time period, the sign-up will move to the next senior person.
         
         
      3. Any person who does not sign on their assigned date may make their selection at any time as long as the days are open and the current sign-up period has not elapsed (first or second).
         
         
      4. After the second sign-up has been completed, any shifts unsigned shall be considered “open”. “Open” days may be signed without regard to seniority.
         
         
      5. Employees shall sign vacation no later than 0530 hours prior to the start of the requested vacation unless the employee is currently on duty at their assigned station. If the employee is on duty, they will be required to remain on duty until their replacement arrives.
         
         
   2. Canceling a Vacation Day
      
      
      1. Cancellation of assigned vacation date(s) shall occur no later than 1800 hours of the second (2nd) day of an employee’s forty-eight (48)-hour shift, prior to the date being canceled, in order to allow the openings to be re-signed. The employee shall send an e-mail to “Fire-Stations” indicating they have cancelled the day.
         
         
      2. Cancellation may, however, be allowed with less notice, if openings are available on the calendar on those dates being canceled. Cancellations later than 1800 hours on an employee’s second shift day must be made to the Battalion Chief.
         
         
      3. Assigned vacation days cannot be changed to sick days without five (5) days’ notice to the Battalion Chief or their designee. However, vacation days will be changed to sick days without prior notice when the member is hospitalized for any reason or confined to their home for reason of illness or injury during the days that were signed as vacation days. Medical verification of injury or illness may be required by the Fire Chief or their designee. These days will become available for signing through the seniority procedure.
         
         
   3. Signing Vacation Days that have a Cancellation
      
      
      1. If a signed vacation day has a slot canceled, it shall be available for re-signing beginning with the person below the individual [canceling the day(s)] in seniority for twenty-four (24) hours. After twenty-four (24) hours, the slot becomes open for signing outside of seniority.
         
         
      2. When an intershift trade is conducted, one (1) of the affected persons may want to pay back their half of the trade by signing a vacation day on the other person’s shift. This person will be prohibited from using their seniority on the affected shift.
         
         
   4. Partial Shift Vacation
      
      
      1. An employee may sign-up for a partial shift vacation no sooner than the shift prior to the beginning of the employee’s next work cycle. For example: If an employee is working January 1 & 2, they may sign a partial for January 7 & 8 beginning January 2. The employee may sign a partial vacation for either or both shifts of the work cycle at the time. The day must be “open” for signing.
         
         
      2. All partial vacations shall be of twelve (12) hours in duration. Partial vacation shifts are either 0700 to 1900 or 1900 to 0700.
         
         
      3. An employee may be allowed time away from duty at the discretion and with the approval of the shift commander.
         
         
5. Scheduling – Forty (40)-Hour Week Personnel
   
   Forty (40) hour week personnel shall schedule vacation in descending order of seniority, and all such scheduling shall be subject to approval of the Fire Chief.
   
   
   
6. Employees on Injury Leave
   
   Employees on injury leave shall not be eligible to take vacation leave at the same time.
   
   
   
7. Any changes in the existing vacation policy shall be subject to negotiations.
   
   
   
8. Vacation Carryover
   
   To encourage employees to take vacation annually, vacation accrual shall not exceed forty (40) days for forty (40) hour personnel into pay period one (1) of the following year nor at retirement or termination and vacation and holiday accrual shall not exceed forty (40) days for twenty-four (24) hour shift personnel into pay period one (1) of the following year nor at retirement or termination.
   
   
   
9. Shift Transfers
   
   
   1. Employees transferred to another shift for any reason are allowed, one (1) time, to sign shifts from the work cycle immediately before or following the vacation days they held prior to the shift transfer. This process must be initiated by the employee within fourteen (14) days of notification of the shift transfer period. Any vacation days not transferred to the new shift within the fourteen (14)-day period following notification of a shift transfer will be cancelled. Once notified of a transfer from one shift to another, a member may not sign vacation days on their current shift past the transfer date.
      
      For example:
      
      If the employee has both days of a work cycle signed for vacation, the employee may sign the work cycle immediately before, or following, the vacation days they held prior to the shift transfer or the employee may sign one (1) day of the work cycle immediately before and one (1) day of the work cycle immediately following.
      
      Employees that have one day of a work cycle signed for vacation may sign one (1) day of the work cycle immediately before or one day of the work cycle immediately following the vacation day held prior to the shift transfer.
      
      
   2. The transfer will not affect the shift vacation calendar that the employee is being transferred to, if that person is the sixth (6th) person on that day. Vacation signing for that shift will operate normally and according to Article XXI. Vacation, as if the sixth (6th) person is not on the calendar. The vacation slot from the shift they are being transferred from will remain frozen, unless, the transferred employee cancels their day/days on their new shift.
      
      
   3. If the member being transferred signs a vacation day which is open on their new shift, their day on the old shift will be cancelled immediately. That day will be available for signing by members of the previous shift according to Article XXI. Vacation.

1. Accumulation
   
   Sick leave is to be accumulated by standard, full-time employees who work a forty (40) hour work week at a rate of four (4) hours per two (2) week pay period—approximately thirteen (13) days per year. Standard, full-time employees on a twenty-four (24) hour shift shall accumulate sick leave at the rate of 7.38 hours per two (2) week pay period—approximately eight (8) days per year. Sick leave shall not be earned during leave without pay. All sick leave shall be accumulated without limit.
   
   
   
2. Use of Sick Leave
   
   Sick leave shall be used when employees are incapacitated by sickness or injury, for medical treatment, exposure to contagious disease when the attendance of duty jeopardizes the health of others, for attending to the illness of a member of the employee's immediate family (spouse, including common law or domestic partner, or children), or for any purpose for which the Colorado Healthy Families and Workplaces Act and implementing regulations with the force of law requires employers to permit employees to use paid sick leave.
   
   Employees are eligible for public health emergency leave as specified by the Colorado Healthy Families and Workplaces Act and implementing regulations with the force of law.
   
   
   
3. The following procedure shall be used for leave:
   
   
   1. Notify the Battalion Chief or Acting Battalion Chief before 0530 hours of the day sick leave is used.
      
      
   2. If absent from work in excess of two (2) consecutive duty shifts, medical verification of absence must be provided the supervisor, if so requested. Medical documentation acceptable to the City shall include a physician’s statement that the employee was unable to work due to an illness or injury and is now able to return to work.
      
      Any costs incurred as a result of such medical verification shall be paid fully by the employee.
      
      
   3. Sick leave shall not exceed the total amount credited to an employee at the time of their absence, except in specific instances as authorized by the Fire Chief, who shall exercise reasonable discretion in each case. Vacation leave hours may be used for sick leave when sick leave hours have been exhausted.
      
      
4. Incentives
   
   
   1. When a forty (40)-hour/week employee has accumulated six hundred forty (640) hours of both sick leave banks, they may convert sick days beyond this point to vacation days at the rate of two sick days for one vacation day. However, the employee’s vacation balance resulting from such conversion may not exceed three hundred twenty (320) hours into pay period one (1) of the following year nor at retirement or termination.
      
      
   2. When a twenty-four (24)-hour/shift employee has accumulated 1,152 hours of both sick leave banks, they may convert sick days beyond this point to vacation days at the rate of two sick days for one vacation day. However, the employee’s vacation and holiday balance resulting from such conversion may not exceed nine hundred sixty (960) hours into pay period one (1) of the following year nor at retirement or termination.
      
      
   3. Forty (40)-hour/week employees may sell back vacation leave for pay, sell back sick leave for pay, or convert sick leave to vacation according to the following sick leave usage incentive matrix. The matrix below defines the qualifying time period, how an employee qualifies for the incentive, the specific incentive, and the incentive claim period. Employee may take advantage of (A) vacation payout incentive and/or (B) the sick leave payout or vacation conversion incentive.
      

40-Hour/Week Employees

(A) Vacation Payout

(B) Sick Leave Payout or Vacation Conversion

32 hours per calendar year is the maximum amount of time that may be sold back or converted utilizing this particular incentive.

4. Twenty-four (24)-hour/shift employees may sell back vacation leave for pay, sell back sick leave for pay, or convert sick leave to vacation according to the following sick leave usage incentive matrix. The matrix below defines the qualifying time period, how an employee qualifies for the incentive, the specific incentive, and the incentive claim period. Employee may take advantage of (A) vacation payout incentive and/or (B) the sick leave payout or vacation conversion incentive.
   
   

24-Hour/Shift Employees

(A) Vacation Payout

(B) Sick Leave Payout or Vacation Conversion

48 hours per calendar year is the maximum amount of time that may be sold back or converted utilizing this particular incentive.

5. Frequent Usage

   Regular and predictable attendance at work is an essential part of the job. The Fire Chief may require an employee, who frequently uses sick leave, to undergo a medical examination to determine whether or not they are able to continue in their assigned capacity. Frequent and unexcused use of sick leave is considered abuse and may result in disciplinary action up to and including termination. The City will pay the entire cost of any required medical examination.
   
   For the purposes of this article, frequent usage includes consideration of any of the following patterns:
   

   1. Sick leave consistently taken Saturday or Sunday for fifty-six (56)-hour employees and Monday, Thursday (four (4)-day work week) or Friday (five (5)-day work week) for forty (40)-hour employees.
      
      
   2. Using sick leave on the last scheduled work day before or first scheduled work day after a contractual holiday or a scheduled day off.
      
      
   3. Using sick leave to avoid holiday work shifts.
      
      
   4. Use of sick leave to cover time trades.
      

   Investigation of Potential Sick Abuse
   

   1. The Fire Chief or their designee will monitor sick leave usage and identify any detectable patterns or concerns related to sick leave usage.
      
      
   2. Any known mitigating circumstances will be identified. Mitigating factors may include leave taken under FMLA, medical/dental procedures, or miscoded hours.
      
      
   3. Inquiry, investigation, and/or disciplinary actions shall follow the procedures as outlined in Article XIII. Discipline and Discharge.

6. Use of sick leave hours from frozen bank with cash conversion value:
   
   Commencing pay period 1, 2002, any sick leave time taken by an employee who has a frozen bank of sick leave with cash conversion value under Article XXXV. Retirement, Section B, and Article XXXVI. Termination, Section A, shall be deducted from their bank of sick leave hours with no retirement cash/conversion value first, reducing their initial bank of sick leave hours with a retirement cash/conversion value only after the bank of sick leave hours with no such cash/conversion is exhausted. Once reduced, the employee will not be able to replenish the bank of frozen sick leave hours with a retirement cash/conversion value they had accrued as of the end of pay period 26, 2001.
   
   
7. Waiver of Provisions of Healthy Families and Workplaces Act
   
   So long as this Agreement provides more generous paid sick leave than that required by the Colorado Healthy Families and Workplaces Act and implementing regulations with the force of law, the waivable requirements are expressly waived.

1. In the event of a death of an employee's mother, father, mother-in-law, father-in-law, sister, brother, spouse, including common law or domestic partner, child or grandchild requiring the attendance of the employee, said employee shall be granted necessary leave not to exceed four (4) working days for twenty-four (24) hour shift employees, and ten (10) working days for forty (40) hour employees, subject to the approval of the Fire Chief or their designee.
   
   In the event of a grave illness of an employee’s mother, father, mother-in-law, father-in-law, sister, brother, spouse, including common law or domestic partner, child, or grandchild requiring the attendance of the employee, said employee will be allowed to use sick leave within the guidelines of Article XXII. Sick Leave section B1. a-b, subject to the approval of the Fire Chief or their designee.
   
   In the event of a death or grave illness of grandparents, spouse’s grandparents, brother-in-law, or sister-in-law, said employee will be allowed to use sick leave within the guidelines of Article XXII. Sick Leave section B1. a-b, subject to the approval of the Fire Chief or their designee.
   
   
2. Employees will be paid the regular, straight time rate for any such days of excused absence which occur during the normal workweek, but in no event more than one (1) regular day's pay for each day of emergency leave.
   
   
3. Time for additional emergency leave may be granted at the discretion of the Fire Chief.

It is recognized that reproductive health can be affected adversely by the conditions encountered in fire fighting.

1. Provisions for Pregnancy
   
   
   1. When a member becomes pregnant, it is strongly advised, though not required, that they report their condition to their supervisor.
      
      
   2. Once a member has provided the department with verification of pregnancy from their own doctor, the pregnant person shall be offered a non-hazardous duty assignment within the department.
      
      
   3. A member is not required to accept a transitional duty assignment. However, the pregnant person is encouraged to do so because of the unpredictable nature of emergency response. There is potential risk in pregnancy and to a developing fetus from activities associated with normal operational duties including firefighting, hazardous materials response and EMS exposures.
      
      
   4. A member who is pregnant has the option of using any or all of their accumulated leave to date, first sick then vacation time. An employee may save ten (10) days of sick leave after such time, an employee may be granted an additional leave of absence, without pay, for up to one hundred fifty (150) calendar days.
      
      
   5. After giving birth, or at the termination of the pregnancy, the member shall be returned to their previously held position upon written approval from their personal physician. This verification shall be given to the designated City Physician for a fitness for duty physical. This provision shall not supersede Article XV. Layoff and Recall Procedure in the event of layoffs.
      
      
   6. If a member becomes temporarily disabled as a result of pregnancy or childbirth, transitional duty may be offered during the time of disability and recovery.
      
      
   7. An employee who is unable to return to work at the end of this one hundred fifty (150) day leave of absence, will be granted up to an additional two hundred fifteen (215) days leave without pay upon providing medical documentation acceptable to the City, of their inability to work. Employees who require any portion of this additional two hundred fifteen (215) days will be eligible to return to the first available position at the same or lower rank held prior to maternity leave. If an employee assumes a lower ranking position under the terms of this provision, they will receive the corresponding pay rate.
      
      
   8. Employees who are on leave of absence, without pay, in excess of three hundred sixty-five (365) days due to pregnancy relinquish all rights to automatic re-employment, in any capacity.
      
      
2. Hazardous Exposures
   
   Hazardous exposures for members during the time of conception can adversely affect the outcome of the pregnancy. Any member shall be offered a transitional duty assignment for a maximum of thirty (30) calendar days per year if specifically requested for the purpose of lower risk conception.
   
   
3. Parental Leave
   
   Employees are entitled to all benefits under the Family Medical Leave Act (FMLA).
   
   
4. Benefit Provisions
   
   1. All wages, benefits, and seniority of the former position shall continue to accrue for the employee on transitional duty.

1. Injury leave shall be granted to protect an employee against complete loss of salary when such employee has sustained an injury arising out of, or in the course of, the actual performance of their regular job. Such leave is intended to be of a temporary nature. Such leave shall be compensated at the rate of the employee's regular time salary rate, exclusive of any overtime or premium pay. Injury leave shall not be granted for the purpose of providing disability benefit or for any benefits to which an employee is entitled under the Fire Pension Law. Injury leave may also be granted for illnesses which are directly job related and which exceed two (2) consecutive work shifts of the employee involved and which is recognized as compensable by the State Compensation Insurance Fund. Should the illness be so recognized as compensable, the Risk Manager will retroactively approve the use of injury leave for the first two (2) consecutive shifts, and policies and determinations as herein below set forth will apply to illness as in injury.
   
   
2. Such leave shall be granted only until the point of total disability or sufficient partial disability to prevent meaningful employment within the Department is determined. At any time during such leave, the Risk Manager or the Human Resources Director may require a medical examination or examinations to determine whether such employee can return to work or is disabled to the extent that they qualify to apply for disability under the Fire and Police Pension Association Law. Such examination(s) shall be at the City's expense. Should an employee refuse such examination(s) or any part of such examination(s) or fail to report for such examination(s) without an acceptable reason, eligibility for further injury leave shall cease at the end of three (3) calendar days following such refusal or failure to report and they shall have three (3) calendar days to return to work or to file a claim for disability under the provisions of the Fire and Police Pension Association Law. If no such claim is filed within three (3) calendar days, and the employee has not returned to work, they shall be considered terminated as of the third (3rd) day. Should such a Injury leave shall be granted to protect an employee against complete loss of salary when such claim be made, injury leave shall continue until a determination on the disability is made by the Fire and Police Pension Association Board. Should the Fire and Police Pension Association Board find the employee ineligible for disability, they shall report back to work on his/her next regularly scheduled shift or be immediately discharged.
   
   
3. Any doctor who performs any said medical examination(s) shall submit their report to the person who ordered the examination, and a copy shall be furnished to the employee. If the report determines that the employee can return to work, entitlement for further injury leave shall cease at the end of the third (3rd) day. The employee must then return to work. If there is any conflicting medical opinion submitted within seven (7) calendar days, which differs with the report which terminates the injury leave, the employee will have an additional three (3) days to file a claim for disability with the Fire and Police Pension Association Board. If the employee fails to produce conflicting medical opinion or to report back to work, they shall be considered terminated at the end of the seven (7) day period. If such a claim is filed, injury leave shall continue until a decision of the employee's claim for disability is reached by the Fire and Police Pension Association Board. If no such claim is filed and the employee fails to report back to work, they shall be considered terminated at the end of the seven (7) day period. If a claim is filed within time limits prescribed above, then the decision on disability will be made by the Fire and Police Pension Association Board and will be binding on the City and the employee.
   
   
4. When any doctor who performs any said medical examination(s) submits a report indicating that the employee will not be able to return to full duty within one year or that the employee is disabled to the extent that she/he qualifies to apply for disability under the Fire and Police Pension Association Law, the employee shall have three (3) days to make a claim for disability to the Fire and Police Pension Association Board. If no such claim is filed, and the employee fails to report back to work, they shall be considered terminated as of the seventh (7th) day. If such a claim is filed, injury leave shall continue until a decision on disability is reached by the Fire and Police Pension Association Board. The Pension Board's decision as to whether or not the employee is eligible for disability shall be binding on both the employee and the City.
   
   
5. At any time the Fire and Police Pension Association Board determines an employee is not disabled, the employee must report back to work on his/her next regularly scheduled shift or be discharged.
   
   
6. An employee may not receive State Compensation Insurance disability payments while on injury leave or may not receive injury leave payment while receiving State Compensation disability payments. All State Compensation payments, except those which are for permanent partial or total disability, will be made directly to the City for the entire period of time that an employee receives injury leave.
   
   
7. Injury leave shall be counted as time worked and, therefore, benefits shall accrue during injury leave.
   
   
8. Time spent on injury leave shall not be considered for the purpose of determining eligibility for within grade advancement from probationary to standard status for any Department position, or for advancement to Second (2nd) or First (1st) Class Fire Fighter.
   
   
9. To use injury leave for the purpose of seeking or engaging in other employment without the written approval of the Human Resources Director automatically constitutes termination of employment with the City.
   
   
10. The failure of an employee to report to their job when not excused by provisions herein contained at the end of their injury and authorized leave will be considered a voluntary resignation.
    
    
11. An employee qualified for and receiving injury leave pay may be required to perform other duties directly related to the Fire Service in the Department, as scheduled and specified by the Fire Chief.

1. All requests for a leave of absence without pay for up to ten (10) days require a written application to the Fire Chief. The application shall contain the specific reason for the leave, the date leave would begin, and the probable date of return. The application shall be submitted prior to the first effective day of the leave.

2. A leave of absence without pay beyond ten (10) days requires a written application to the Human Resources Director. The application shall contain the specific reasons for the leave over ten (10) days, the date leave would begin, and the probable date of return. The application shall be submitted two (2) weeks prior to the first effective day of the leave, except for emergency situations. Only the Human Resources Director or their designee can approve a leave of absence without pay for over ten (10) days.

3. A leave of absence without pay will not be granted for an employee to seek or engage in other employment, except that an employee who has received written notice of layoff may request such a leave to seek employment. Employment while on a leave of absence requires prior approval of the Fire Chief.

4. A leave of absence without pay shall not exceed five (5) calendar months. Requests for subsequent leaves of absence, not to exceed five (5) months, must be made as stated above, if leave is requested for longer than the original five (5) month period.

5. If a holiday falls during an employee's leave of absence without pay, they shall not be paid for such holiday.

6. An employee who is on a leave of absence without pay does not accumulate benefits or paid leave as though they were being paid. An employee on leave beyond one (1) month must bear full cost of all benefits. No seniority shall be accumulated during a leave of absence without pay. Such a leave of absence shall extend by the length of the leave any benefit or eligibility based on seniority.

7. The failure of an employee on a leave of absence without pay to report to work at the end of their leave will be considered a voluntary resignation by the employee.

The City agrees to adhere to the Family Medical Leave Act (FMLA) and its implementing regulations in regard to all eligible employees. The City will pay the City share for employee health, life, vision, and dental insurance for up to three (3) months while the employee is on FMLA leave.

Refer to the City of Boulder Military Leave policy in compliance with the Uniformed Services Employment and Re-employment Rights Act (USERRA)

Any employee of the Fire Department shall be granted leave of absence with pay, any time they are required to report for jury duty, provided they show evidence of such required duty at least forty-eight (48) hours prior to the time they are required to serve.

An employee subpoenaed as a witness in a case in which they are neither the plaintiff nor defendant may also receive a maximum of five (5) shifts per year of paid leave. Job related court appearances are not subject to any maximum shift per year restrictions.

An employee shall receive, as pay from the City, the difference between what they are paid by the court and their regular straight time rate.

1. All twenty-four (24) hour shift employees are to be granted 6.47 hours per two (2) week pay period—approximately seven (7) holidays per year—off with full pay to compensate for not observing the holiday schedule. The reduction in holiday accrual will occur in pay period one (#1) of 2024, in exchange for a one-time, one-half of a percent (0.5%) Holiday Wage Adjustment (see Article XIX, Wages C.)

2. All standard, full-time employees on a forty (40)-hour workweek are to be granted the following paid holidays: New Year's Day, Martin Luther King's Birthday, Presidents' Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Veteran's Day, Thanksgiving, Christmas Day, onehalf day prior to Christmas, and one-half day prior to New Year's Day and three (3) floating holidays to be taken independently by each employee, upon department head approval. This floating holiday will be limited, or denied, when it has or might have an adverse impact on the operation of a department or division, or the work of any employee.

3. Standard, part-time employees shall be granted holiday pay prorated to the percent of full time worked.
   
   
4. Forty (40) hour workweek employees shall have worked the full scheduled workdays or shall have been on paid leave before and after the holiday to receive pay for the holiday, unless such absence is excused. Saturday holidays will be granted the preceding Friday and Sunday holidays will be granted the following Monday unless holidays are set by state, federal, or municipal law. If Christmas or New Year's Day fall on a Sunday or Monday, the half day holiday will be granted on the preceding Friday. If Christmas or New Year's Day falls on a Saturday, the half day will be granted on the preceding Thursday.
   
   
5. Holidays or days off in lieu of holidays may be granted during periods of absence only if such absence is an authorized paid leave. For example, a holiday falling within a vacation period shall not be charged to vacation time.

1. Group Medical Plan
   
   
   1. Effective January 1, 2022, the City will contribute eighty percent (80%) of the health insurance premium for all plans offered. The employee shall contribute twenty percent (20%).
      
      The employee will have the option to select alternative health plans offered by the City.
      
   2. 1. Such enrollment shall be subject to any limitations and/or exclusions, as determined by the carrier.
         
         
      2. Should any insurance carrier which provides the City insurance programs eliminate or in any way modify their programs, the City shall not be obligated to make similar, alternative coverage available.
         
         
      3. If it becomes necessary to change the carrier of insurance, the City will seek and consider with the Union prior to changing the carrier.
         
         
   3. For standard, part-time employees who work at least twenty (20) but less than thirty (30) hours per week, the City will contribute fifty percent (50%) of the City’s contribution for full-time employees. For standard, part-time employees who work thirty (30) or more hours per week, the City will make the same contribution it makes for full-time employees.
      
      
   4. For all new employees, coverage begins on the first day of the month following employment with the City of Boulder.
      
      
2. Dental Insurance Rates
   
   
   1. The City shall contribute eighty percent (80%) of the dental insurance premium for all plans offered for family, two-person, and single coverage, as applicable, and the employee shall contribute twenty percent (20%).
      
      
   2. For standard, part-time employees who work at least 20 but less than thirty (30) hours per week, the City will contribute fifty percent (50%) of the City’s contribution for full-time employees. For standard, part-time employees who work thirty (30) or more hours per week, the City will make the same contribution it makes for full-time employees.
      
      
3. Life Insurance
   
   
   1. The City will offer a voluntary group life insurance plan during the life of this Agreement and any renewal or extension thereof. The City will pay one-third of the premium with the remaining two-thirds (2/3rd) paid through the employee's payroll deductions. The Group Life Insurance Plan provides the following benefits to employees.
      
      
   2. Summary of Insurance Plan
      
      

      1. Amount of benefits for insured employees.
         

         Group Life	Accidental Death and Dismemberment (to be paid in addition to Life upon accidental death)
         $25,000	$25,000

      2. Upon the attainment of age seventy (70) or retirement, whichever comes earlier, the amount of life insurance then in force will be reduced by fifty percent (50%). Accidental Death and Dismemberment is also reduced by fifty percent (50%) upon the attainment of age seventy (70) and terminates at retirement. Whenever the reduction in life insurance occurs, the employee's contribution will be reduced accordingly.
         
         
      3. A new employee shall become eligible to participate in the Group Life Insurance Plan the first of the month following date of enrollment. No medical examination is required.
         
         
4. The City's medical plans and dental plan are subject to the demands of the insurance carriers and should benefits or conditions of any of these insurance change as a result of action by the Governor or the State Insurance Commissioner during the life of the Agreement, such changes shall be considered binding on both the City and the International Association of Fire Fighters, Local #900. Should such circumstances occur, the City will provide alternative coverage if available from another carrier so long as such coverage does not increase the cost of the premium in effect at the time.
   
   
5. If the City fails to compensate employees or pay for benefits as described in paragraphs A., B., and C. above, such matters shall be subject to the grievance procedure.
   
   
6. Matters pertaining to the administrative interpretation or application of any insurance program where the City has no direct authority to compel the insurance carrier may not be subject to the grievance procedure.

The City shall pay the full premium for disability insurance obtained from the Fire and Police Pension Association or a successor carrier.

1. For all employees who are eligible for the death and disability coverage provided under § 31-31-811(4), et seq., C.R.S, the City shall make the required contribution to the death and disability fund.
   
   
2. For any employee no longer eligible for coverage under the above statute, the City shall furnish Long Term Disability coverage.

A uniform allowance of $560.82 per year is to be paid by the City to each member for the purpose of purchasing proper uniforms.

1. The Fire and Police Money Purchase Pension Plan and Trust Agreement of the City of Boulder (the "Plan") has been established to provide retirement and supplemental death and disability benefits for the employees of the Boulder Police and Fire Departments who are hired on or after April 8, 1978. The Plan is a defined contribution plan.

2. Effective January 1, 2022, the City will contribute thirteen and eight tenths’ percent (13.8%) of each participating employee's base salary per pay period. Each participating employee shall contribute eight and eight tenths’ percent (8.8%) of their base salary per pay period to the Plan, which amount shall be picked up each pay period by the City on behalf of each participating employee.
   
   It is understood that this amount shall be paid by the City to the Plan in lieu of such contribution being paid directly by each participating employee. No participating employee shall have the option of choosing to have the City pay them directly their contribution of eight and eight tenths’ percent (8.8%) of base salary instead of having such contribution picked up and paid to the Plan by the City.
   
   Although each participating employee's contribution of eight and eight tenths’ percent (8.8%) of their base salary to the Plan is otherwise designed as the contribution of such employee, it is intended that such contribution shall be treated, for federal income tax purposes, as an employer contribution under the Internal Revenue Code of 1954, as amended, as provided under Section 414(h) (2).
   
   For purposes of determining the amount of the above percentage contributions, the base salary of a participating employee shall be based on their applicable salary schedule as set forth in Article XIX. Wages hereof. However, for Federal Income Tax purposes, the amount of a participating employee's taxable income and of their wages for withholding tax purposes shall not include such participating employee's required contribution picked up by the City.
   
   The contributions required hereinbefore in this paragraph B. are intended to be in conformance with the mandates of the applicable laws of the State of Colorado relating to Fire and Police Pensions.

1. Service Bonus
   
   Employees with fifteen (15) or more years of continuous service as of December 12, 2010 (last day of Pay Period 26, 2010)
   
   An employee who retires or voluntarily terminates with two (2) weeks’ notice and who has twenty (20) years of service as of December 12, 2010 (last day of Pay Period 26, 2010) shall receive a service bonus of two (2) months salary. An employee who retires or voluntarily terminates with two (2) weeks’ notice and who has fifteen (15) years of service as of December 12, 2010 (last day of Pay Period 26, 2010) shall receive a prorated fraction of the twenty (20) year service bonus based on total full years of service completed as of December 12, 2010 (last day of Pay Period 26, 2010). The two (2) week notice requirements will be waived in the event of the employee’s death.
   
   Employees with less than fifteen (15) years of continuous service as of December 12, 2010 (last day of Pay Period 26, 2010)
   
   An employee who has not completed fifteen (15) or more years of continuous service as of December 12, 2010 (last day of Pay Period 26, 2010) shall not receive a service bonus upon termination or retirement and will never be eligible for the above mentioned service bonus upon termination or retirement.

2. Sick Leave Conversion
   
   Sick Leave convertible to pay was frozen by contract at the employee’s full sick leave balance as of the end of PP 26, 2001 (Sick 01). Only Sick 01 hours are convertible to pay and is allowed only at termination/retirement. Any employee not eligible for this sick leave conversion benefit as of the end of PP 26, 2001, will never be eligible.
   
   
   1. Forty (40)-Hour Per Week Employee
      
      If a forty (40) hour per week employee retires voluntarily with at least two (2) weeks’ notice, the balance in his/her Sick 01 bank above 640 hours (80 days) may be converted to direct pay on a 2:1 basis.
      
      • Sick 01 Balance Hours – 640 hours (80 days) = Sick Leave Hours for Conversion
      • Sick Leave Hours for Conversion is converted 2:1 for pay
        

   2. Twenty-Four (24)-Hour Shift Employee

      If a 24-hour shift employee retires voluntarily with at least two (2) weeks’ notice, the balance in his/her Sick 01 bank above 1,152 hours (48 days) may be converted to direct pay on a 2:1 basis.

      • Sick 01 Balance Hours–1,152 hours (48 days) = Sick Leave Hours for Conversion
      • Sick Leave Hours for Conversion is converted 2:1 for pay
        
   3. Sick 01 for One Month’s Salary
      
      In addition, all Employees who have a Sick 01 Balance, who retire under normal or disability provisions of the Fire Pension Program shall be paid for the remainder of accrued but unused sick leave. All payment for accumulated sick leave shall be made in a single lump sum amount.
      
      • The remainder of the Sick 01 Balance of 640/1,152 hours (80/48 days), mentioned in B.1. & B.2., or employees with a sick 01 balance of less than 640/1,152 hours (80/48 days), will be converted on a 2:1 basis not to exceed one (1) month’s salary.
        
3. Payout of Unused Leaves
   
   The employee shall be paid on a straight time basis for all unused, accrued vacation and holiday compensation time to date of retirement.

1. Sick Leave Conversion
   
   Sick Leave convertible to pay was frozen by contract at the employee’s full sick leave balance as of the end of PP 26, 2001 (Sick 01). Only Sick 01 hours are convertible to pay and is allowed only at termination/retirement. Any employee not eligible for this sick leave conversion benefit as of the end of PP 26, 2001, will never be eligible.
   
   
   1. Forty (40)-Hour Per Week Employee
      
      If a forty (40) hour per week employee terminates voluntarily with at least two (2) weeks’ notice, the balance in their Sick 01 bank above 640 hours (80 days) may be converted to direct pay on a 2:1 basis.
      
      • Sick 01 Balance Hours – 640 hours (80 days) = Sick Leave Hours for Conversion
      • Sick Leave Hours for Conversion is converted 2:1 for pay
        
   2. Twenty-Four (24)-Hour Shift Employee
      
      If a twenty-four (24)-hour shift employee terminates voluntarily with at least two (2) weeks’ notice, the balance in their Sick 01 bank above 1,152 hours (48 days) may be converted to direct pay on a 2:1 basis.
      
      • Sick 01 Balance Hours–1,152 hours (48 days) = Sick Leave Hours for Conversion
      • Sick Leave Hours for Conversion is converted 2:1 for pay
        
   3. Sick 01 for One (1) Month’s Salary
      
      In addition, all Employees who have a Sick 01 Balance, who retire under normal or disability provisions of the Fire Pension Program shall be paid for the remainder of accrued but unused sick leave. All payment for accumulated sick leave shall be made in a single lump sum amount.
      
      • The remainder of the Sick 01 Balance of 640/1,152 hours (80/48 days), mentioned in B.1. & B.2., or employees with a sick 01 balance of less than 640/1,152 hours (80/48 days), will be converted on a 2:1 basis not to exceed one month’s salary.
2. An employee who terminates shall be paid for all accrued but unpaid overtime.
   
   The employee shall be paid on a straight time basis for all unused, accrued vacation and holiday compensation time to date of termination.
   
   
3. See ARTICLE XXXV. Retirement for details of the service bonus.

The City shall be liable for the defense and payment of all judgments and settlements of claims against Fire Fighters arising out of injuries sustained from an act or omission of such Fire Fighter occurring during the performance of their duties and within the scope of their employment, except where such act or omission is willful or wanton, in accordance with the laws of the State of Colorado.

Management shall establish a systematic and orderly method to facilitate station picks by seniority in rank for First (1st) class firefighters and above. Management can deviate from this process to maintain or improve the effective delivery of service to the community.

Staffing of all fire apparatus will be based on accepted safe operating procedures. The following shall be considered staffing minimums: three employees consisting of a company officer, engineer, and firefighter per engine/truck, and two (2) employees per medical unit.

Assignment of an employee to act in the position of Battalion Chief shall not cause the staffing of any apparatus to be below minimum staffing standards.

1. Specialty Team Assignments
   
   
   1. Specialty Team members perform the same duties as other suppression members; however, they are also tasked with specific duties designed to enhance operational effectiveness and are required to perform more advanced technical skills.
      
      
   2. This Article does not preclude Management from establishing additional programs, nor from discontinuing existing Specialty Team programs.
      
      
   3. In order to provide and maintain the highest standards for each Specialty Team, a policy subject to the Seek and Consider process will be developed, in conjunction with the Operations Deputy Chief or their designee.
      
      
      1. The policy is intended to govern the process of adding or removing members to or from the Specialty Teams.
         
         
      2. The policy will include any credentialing and training requirements expected of Team members.
         
         
2. Acting Into Bargaining Unit Positions
   
   
   1. All acting eligibility calculations are based on calendar year and not day, month, and year.
      
      
      1. Example: An individual promoted to Fire Fighter 1st Class on February 1, 2020 and another individual promoted on August 1, 2020 will both use 2020 when determining years in grade. On January 1, 2021, both individuals will have one (1) year in grade for purposes of acting eligibility requirements.
         
         
   2. 1st Class Fire Fighters shall act into the position of Engineer. Fire Fighters are eligible to complete the training program for the acting Lieutenant position after four (4) years from advancement to the Fire Fighter 1st Class grade, or by receiving a letter of recommendation from one (1) shift Battalion Chief and two (2) shift Company Officers.
      
      
   3. Engineers shall complete the training program for the acting Lieutenant position and shall be qualified to act as a Lieutenant within two (2) years of promotion. After successful completion of the training program, they shall be eligible to act in the Lieutenant position.
      
      
3. Promotion Procedure
   
   
   1. The Promotion Procedure will be conducted in accordance with established policy and procedures and can be amended by Management through the Seek and Consider process.
      
      
   2. To help provide a consistent framework regarding the promotional process for all employees, the City and Local #900 agree to establish a departmental Promotional Committee. The Committee will consist of:
      
      
      1. Fire Department Administration
         
         
      2. Local #900 Members
         
         
      3. Human Resources Department
         
         
   3. Promotional Testing Eligibility
      
      
      1. All testing eligibility calculations are based on calendar year and not day, month, and year.
         
         
         1. Example: An individual promoted to Fire Fighter 1st Class on February 1, 2020 and another individual promoted on August 1, 2020 will both use 2020 when determining years in grade. On January 1, 2025, both individuals will have five (5) years in grade for purposes of promotional testing eligibility requirements.
            
            
      2. Testing eligibility for position of Engineer
         
         1. Any Fire Fighter that is certified to act as a Fire Engineer AND
            
            
         2. Any Fire Fighter with a minimum of one (1) year in grade as Fire Fighter 1st Class.
            
            
      3. Testing eligibility for position of Lieutenant
         
         
         1. Any Fire Fighter or Fire Engineer that is certified to act as a Fire Lieutenant AND
            
            
         2. Any Fire Fighter or Fire Engineer with a minimum of five (5) years since appointment to Fire Fighter 1st Class.
            
            
      4. Testing eligibility for position of Captain
         
         
         1. Any Fire Lieutenant with a minimum of three (3) years in grade.
            
            
   4. A conflict resolution process will be developed by the Promotional Committee in order to resolve discrepancies.