HomeMy WebLinkAboutVIII-12 Approve IAFF 2022-2023 Firefighter Agreement with Stipulation
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Dan Wietecha, City Administrator
Date: February 22, 2022
Item: 2022-2023 International Association of Firefighters Union, Local #5113 Firefighter’s
Unit and Fire Marshal Stipulation
Council Action Requested:
Approve the 2022-2023 contract for the Fire Captains Unit and Stipulation moving Fire
Marshal into the Unit.
Background Information:
It is recommended that the Council act approving the 2022-2023 collective bargaining
agreement for the Local #5113, Firefighters Unit. The contract term is for January 1,
2022 – December 31, 2023.
Proposed changes include:
• 3.0% cost of living adjustment effective January 1, 2022 and January 1, 2023
• Language clarifying hours of work.
• Language addressing overtime.
• Add Field Training Officer rate.
• Adjust working out of classification timeframe.
• Adding MOU on Mental Health and Wellness program.
• Stipulation on moving Fire Marshal from the Firefighter’s Unit.
All other provisions of the contract will remain unchanged.
Financial Impact:
Wage adjustments are included in the 2022 budget. Other increases are minimal.
Advisory Commission Discussion:
N/A
Council Committee Discussion:
N/A
Attachments:
N/A
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LABOR AGREEMENT
BETWEEN
CITY OF HASTINGS
AND
IAFF Local 5113
FIREFIGHTER’S UNIT
January 1, 2022 through December 31, 2023
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TABLE OF CONTENTS
Article I. Purpose of Agreement 3
Article II. Recognition 3
Article III. Definitions 3
Article IV. Employer Security 4
Article V. Employer Authority 4
Article VI. Union Security 5
Article VII. Employee Rights—Grievance Procedure 5
Article VIII. Savings Clause 7
Article IX. Seniority 7
Article X. Discipline 8
Article Xl. Constitutional Protection 8
Article XII. Hours of Employment 8
Article XIII. Legal Protection 8
Article XIV. Overtime 8
Article XV. Holidays 9
Article XVI. Education Instructional Time 10
Article XVII. Vacation 10
Article XVIII. Sick Leave and Other Leaves of Absence 11
Article XIX. Severance Pay 12
Article XX. Insurance 12
Article XXI. Injured on Duty 13
Article XXII. Uniforms 13
Article XXIII. Wages 13
Article XXIV. Waiver 14
Article XXV. Post-Retirement Health Care Savings Account 14
Article XXVI. Working Out of Classification 15
Article XXVII. Union Vacation Bank 15
Article XXVIII. Duration 15
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LABOR AGREEMENT
Between
CITY OF HASTINGS
And
FIREFIGHTERS UNIT
ARTICLE I. PURPOSE OF AGREEMENT
This Agreement is entered into as of January 1, 2022 between the City of Hastings, hereinafter called the
Employer, and the International Association of Firefighter’ Union, Local #5113, hereinafter called the Union.
It is the intent and purpose of this Agreement to:
1.1 Establish procedures for the resolution of disputes concerning this Agreement’s interpretation
and/or application; and
1.2 Place in written form the parties’ agreement upon terms and conditions of employment for the
duration of this Agreement.
The Employer and the Union through this Agreement shall continue their dedication to the highest quality
fire service and protection to the residents of Hastings. Both parties recognize this Agreement as a pledge
of this dedication.
ARTICLE II. RECOGNITION
2.1 The Employer recognizes the Union as the exclusive representative, under the Minnesota Statutes,
Section 179A.31, Subd. 3, for all fire personnel in the following job classifications:
FIREFIGHTER/PARAMEDICS
FIRE INSPECTOR
2.2 In the event the Employer and the Union are unable to agree as to the inclusion or exclusion of a
new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination.
ARTICLE III. DEFINITIONS
3.1 Union: International Association of Firefighter Local # 5113
3.2 Employee: An employee of the City of Hastings.
3.3 Union Member: An employee belonging to International Association of Firefighter Local # 5113.
3.4 Department: The City of Hastings Fire & EMS Department.
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3.5 Employer: The City of Hastings.
3.6 Fire Chief: The Fire and Emergency Medical Services Director for the City of Hastings.
3.7 Union Officer: A member appointed by the International Association of Firefighter Local # 5113.
3.8 Strike: Concerted action in failing to report for duty, the willful absence from one’s position, the
stoppage of work, slowdown, or abstinence in whole or in part from the full, faithful and proper performance
of the duties of employment for the purposes of inducing, influencing or coercing a change in the conditions
or compensations or the rights, privileges or obligations of employment.
3.9 Day: A day is defined as twelve (12) hours for firefighters, and eight (8) hours for fire inspector,
unless otherwise specified.
3.10 Probationary Period: All new, regular employees will serve a twelve (12) month probationary period.
ARTICLE IV. EMPLOYER SECURITY
4.1 The Union agrees that during the life of this Agreement, it will not cause, encourage, participate in
or support any strike, slowdown or other interruption of or interference with the normal functions of the
Employer.
4.2 Any employee who engages in a strike may have their appointment or employment terminated by
the Employer effective the date the violation first occurs. Such termination shall be effective upon written
notice served upon the employee. An employee who is absent from any portion of his/her work assignment
without permission, or who abstains wholly or in part from the full performance of their duties without
permission from the Employer on the date or dates when a strike occurs is prima facie presumed to have
engaged in a strike on such date or dates. An employee who knowingly strikes and whose employment has
been terminated for such action may, subsequent to such violation, be appointed or reappointed or employed
or re-employed, but the employee shall be on probation for two (2) years with respect to such civil service
status, tenure or employment, or contract of employment, as they may have theretofore been entitled. No
employee shall be entitled to any daily pay, wages or per diem for the days on which they engage in a strike.
ARTICLE V. EMPLOYER AUTHORITY
5.1 The Employer retains the full and unrestricted right to operate and manage all manpower, facilities,
and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization
of technology; to establish and modify the organizational structure; to select, direct, and determine the
number of personnel; to establish work schedules, and to perform any inherent managerial function not
specifically limited by this Agreement.
5.2 Any term and condition of employment not specifically established or modified by this Agreement
shall remain solely within the discretion of the Employer to modify, establish, or eliminate.
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ARTICLE VI. UNION SECURITY
6.1 The Employer shall deduct from the wages of employees who authorize such a deduction in writing
an amount necessary to cover monthly dues, or a “fair share” deduction, as provided in Minnesota State
Statute 179.65, Subd. 2, if the employee elects not to become a member of the Union. Such monies shall be
remitted as directed by the Union.
6.2 The Union may designate employees from the bargaining unit to act as a steward and an alternate
and shall inform the Employer in writing of such choice and changes in the position of steward and/or
alternate.
6.3 The Employer shall make space available on the employee bulletin board for posting Union notice(s)
and announcement(s).
6.4 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits,
order, or judgments brought or issued against the Employer as a result of any action taken or not taken by
the Employer under the provisions of this Article.
Article VII. Employee Rights—Grievance Procedure
7.1 Definition of a Grievance. A grievance is defined as a dispute or disagreement as to the interpretation
or application of the specific terms and conditions of this Agreement.
7.2 Union Representatives. The Employer will recognize representatives designated by the Union as the
grievance representatives of the bargaining unit having the duties and responsibilities established by
this Article. The Union shall notify the Employer in writing of the names of such Union representatives and of
their successors when so designated, as provided by Section 6.2 of this Agreement.
7.3 Processing of a Grievance. It is recognized and accepted by the Union and the Employer that the
processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the
employees and shall therefore be accomplished during normal working hours only when consistent with
such Employee duties and responsibilities. The aggrieved employee and a Union representative shall be
allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to
the Employer during normal working hours provided that the employee and the Union representative have
notified and received the approval of the designated supervisor who has determined that such absence is
reasonable and would not be detrimental to the work of the Employer.
7.4 Procedure. Grievances, as defined in Section 7.1, shall be resolved in conformance with the following
procedure:
Step 1. An employee claiming a violation concerning the interpretation or application of this
Agreement shall, within twenty-one (21) calendar days after such alleged violation has occurred, present
such grievance to the employee’s supervisor as designated by the Employer. The Employer-designated
representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after
receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the
nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly
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violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the
Employer-designated representative’s final answer in Step 1. Any grievance not appealed in writing to Step
2 by the Union within ten (10) calendar days shall be considered waived.
Step 2. If appealed, the written grievance shall be presented by the Union and discussed with the
Employer-designated Step 2 representative. The Employer-designated representative shall give the Union
the Employer’s Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance.
A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the
Employer-designated representative’s final Step 2 answer. Any grievance not appealed in writing to Step 3
by the Union within ten (10) calendar days shall be considered waived.
Step 3. If appealed, the written grievance shall be presented by the Union and discussed with the
Employer-designated Step 3 representative. The Employer-designated representative shall give the Union
the Employer’s answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A
grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the
Employer-designated representative’s final answer in Step 3. Any grievance not appealed in writing to Step
4 by the Union within ten (10) calendar days shall be considered waived.
Step 4. If the grievance is still unresolved in Step 3, the UNION and EMPLOYER may agree, within
ten (10) calendar days after the reply of the Step 3 Representative was due, to petition the Bureau of
Mediation Services for assistance in settling through mediation. If either party determines during the
mediation process that further mediation would serve no purpose, the UNION within ten (10) calendar days
by written notice to the EMPLOYER, may request arbitration of the dispute.
Step 5. A grievance unresolved in Step 4 and appealed to Step 5 by the Union shall be submitted to
arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The
selection of an arbitrator shall be made in accordance with the “Rules Governing the Arbitration of
Grievances” as established by the Bureau of Mediation Services.
7.5 Arbitrator’s Authority:
A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the
terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s)
submitted in writing by the Employer and the Union, and shall have no authority to decide on any other issue
not so submitted.
B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or
modifying or varying in any way the application of laws, rules or regulations having the force and effect of
law. The arbitrator’s decision shall be submitted in writing within thirty (30) days following the close of the
hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an
extension. The decision shall be binding on both the Employer and the Union and shall be based solely on
the arbitrator’s interpretation or application of the express terms of this Agreement and to the facts of the
grievance presented.
C. The fees and expenses for the arbitrator’s services and proceedings shall be borne equally by
the Employer and the Union provided that each party shall be responsible for compensating its own
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representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause
such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the
proceedings, the cost shall be shared equally.
7.6 Waiver. If a grievance is not presented within the time limits set forth above, it shall be considered
“waived.” If a grievance is not appealed to the next step within the specified time limit or any agreed extension
thereof, it shall be considered settled on the basis of the Employer’s last answer. If the Employer does not
answer a grievance or an appeal thereof within the specified time limits, the Union may elect to treat the
grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in
each step may be extended by mutual written agreement of the Employer and the Union in each step.
ARTICLE VIII. SAVINGS CLAUSE
The Agreement is subject to the laws of the United States, the State of Minnesota and the City of Hastings.
In the event any provision of this Agreement shall be held to be contrary to law by a court of competent
jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such
provisions shall be voided. All other provisions of this agreement shall continue in full force and effect. The
voided provision may be renegotiated at the written request of either party.
ARTICLE IX. SENIORITY
9.1 Seniority shall be determined by the employee’s length of continuous full-time employment with the
Fire and EMS Department and posted in an appropriate location. Seniority rosters may be maintained by the
Fire and EMS Director on the basis of time in grade and time within specific classifications.
9.2 During the probationary period, a newly hired or rehired employee may be discharged at the sole
discretion of the Employer. During the probationary period, a promoted or reassigned employee may be
replaced in his/her previous position at the sole discretion of the Employer.
9.3 A reduction of work force will be accomplished on the basis of seniority. Employee shall be recalled
from layoff on the basis of seniority. An employee on layoff shall have an opportunity to return to work within
two (2) years of the time of his/her layoff before any new employee is hired.
9.4 Vacations will be selected on the basis of seniority from November 15th to November 25th of the current year.
This will be done annually and covers the period from January 1st of the following calendar year to December 31st of
the following calendar year. Vacation selection will be approved by the employer no later than December 5th of the
current year. After December 5th or post approval, all vacation requests will be first come first serve until the next
vacation selection process.
ARTICLE X. DISCIPLINE
10.1 The Employer will discipline employees for just cause only. Discipline will be in one of
the following forms:
a) oral reprimand;
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b) written reprimand;
c) suspension;
d) demotion; or
e) discharge.
10.2 Suspensions, demotions and discharges will be in written form.
10.3 Written reprimands, notices of suspension, and notices of discharge which are to become part of an
employee’s personnel file shall be read and acknowledged by signature of the employee. The employee and
the Union will receive a copy of such reprimands and/or notices.
10.4 Employees may examine their own individual personnel files at reasonable times under the direct
supervision of the Employer.
10.5 Employees will not be questioned concerning an investigation of disciplinary action unless the
employee has been given an opportunity to have Union representatives present at such questioning.
10.6 Grievances relating to this Article shall be initiated by the Union in Step 3 of the grievance procedure
under Article VII.
ARTICLE XI. CONSTITUTIONAL PROTECTION
Employees shall have the rights granted to all citizens by the United States and Minnesota State
Constitutions.
ARTICLE XII. HOURS OF EMPLOYMENT
The regular workweek for firefighters shall consist of an average of fifty-three (53) hours in one (1) week. The
regular workweek for a fire inspector shall consist of forty (40) hours in a one-week period.
When an employee is called out on a job assignment, only the time actually spent on making the call may be
counted as hours worked.
Shift exchanges will be allowed, with prior supervisor approval, within a 6-month period provided the shift
switch does not result in any form of premium and/or overtime pay, including article XIV Holiday Pay.
The Employer may from time to time, in its sole discretion, temporarily adjust a Firefighter’s work schedule
to forty (40) hours in one (1) week for purposes of alternate job assignment such as light duty or training. In
event of such temporary schedule, the Firefighter’s wage shall be adjusted such that the temporary hourly
rate of the forty (40) hour work week is 1.325 times the hourly rate of the fifty-three (53) hour work week.
Such temporary schedule adjustment does not include furlough or other reduction in force.
ARTICLE XIII. LEGAL PROTECTION
All employees shall be given legal protection as provided for under Minnesota and Federal Statutes.
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ARTICLE XIV. OVERTIME
All employees required to work at times other than their scheduled hours of employment will be paid at one
and one-half (1.5) times their regular hourly rate. A minimum of one and one-half (1½) hours at overtime rate
will be paid for ambulance and fire calls. Overtime will be distributed as equally as practicable.
Hours scheduled to work on New Year’s Day, Martin Luther King Day, Presidents Day, Memorial Day, 4th of
July, Labor Day, Veterans Day, Thanksgiving, the day following Thanksgiving, and Christmas will be paid at
1.5 time the regular hourly rate. Premium pay is earned for those hours worked on the actual holiday listed
above. If an individual is called back for shift overtime on New Year’s Day, 4th of July, Thanksgiving, and
Christmas Day that employee will receive an additional 0.5 time on top of their premium pay.
ARTICLE XV. HOLIDAYS
Firefighters shall be paid for one hundred forty-four (144) hours holiday pay, paid by separate check no later
than the first Friday after the first payday in December each year, regardless of the number of holidays
actually worked. Holiday pay will be based on their individual hourly rate. Employees hired or separated from
employment after January 1 of any calendar year shall earn holiday credit based on a pro-rated schedule of
1/12th of the total number of holidays granted in the paragraph above for each month or major fraction thereof
worked.
The following days are official holidays for any Fire Inspector employees:
Holidays Date
New Year’s Day January 1
Martin Luther King Birthday Third Monday in January
Presidents’ Day Third Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day First Monday in September
Veteran’s Day November 11
Thanksgiving Day Fourth Thursday in November
Friday following Thanksgiving Day Fourth Friday in November
Christmas Day December 25
Two (2) Floating Holidays
Floating holidays cannot be carried over into another calendar year and must be taken before December 31
of each year. Floating holidays must be taken in the full eight-hour increments. Employees will not receive
compensation in lieu of taking floating holidays. Employees hired prior to July 1 in a year will receive two
floating holidays for that year; employees hired July 1 in a year will receive one floating holiday for that year.
ARTICLE XVI. EDUCATION INSTRUCTIONAL TIME
Mandatory instructional/educational time shall be paid at the individuals’ overtime rate while not on duty.
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Employee(s) attending non-mandatory, instructional/educational or job-related training shall not be paid
overtime. In certain situations, the employee(s), may be required to use vacation for other hours as needed,
to be determined by the supervisor.
ARTICLE XVII. VACATION
17.1 Firefighters, are eligible to accrue vacation according to the following schedule:
YEAR OF SERVICE DAYS OF VACATION
0- 1 year 8 days (96 hours)
After 1 thru 5 years 10 days (120 hours)
After 5 years 11 days (132 hours)
After 6 years 12 days (144 hours)
After 7 years 13 days (156 hours)
After 8 years 14 days (168 hours)
After 9 years 15 days (180 hours)
After 10 years 16 days (192 hours)
After 11 years 17 days (204 hours)
After 12 years 18 days (216 hours)
After 13 years 19 days (228 hours)
After 14 thru 19 years 20 days (240 hours)
After 19 years 25 days (300 hours)
Years of Service
Vacation Maximums
(Approved by City Council 09-05-95)
0-5 Years 180 Hours Maximum
6-10 270 Hours Maximum
11+ years 450 Hours Maximum
All regular full-time fire inspector (s) are eligible to accrue vacation according to the following schedule:
Years of Service
Annual Accrual
Hours Days
0-1 80 10
Beginning of 2nd year 96 12
Beginning of 6th year 104 13
Beginning of 7th year 112 14
Beginning of 8th year 120 15
Beginning of 9th year 128 16
Beginning of 10th year 136 17
Beginning of 11th year 144 18
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Beginning of 12th year 152 19
Beginning of 13th year 160 20
Beginning of 14th year 168 21
Beginning of 15th year 176 22
Beginning of 16th year 200 25
Years of Service Maximum Accumulation
0 – 5 120 hours
6 – 10 180 hours
11+ 300 hours
17.2 All vacation pay shall be accrued, and in the event an employee’s employment is terminated for any
reason, the employee shall receive, upon their termination the vacation pay which they have coming at that
time on a pro-rate basis. No more than four (4) consecutive weeks (212 hours for firefighters and 160 hours
for fire inspector) vacation can be taken at one time.
17.3 In computing vacation pay, length of service shall be based upon the anniversary date of the day an
employee commences employment as a full-time employee.
ARTICLE XVIII. SICK LEAVE AND OTHER LEAVES OF ABSENCE
18.1 Sick Leave: Sick leave will be granted pursuant to Federal Regulations, State Statute and FMLA.
All employees of the City shall be entitled to accumulate one (1) day of sick leave for each month of
employment. The Employer has the right to verify the reported sickness of an employee for a period over
two normal duty shifts by requiring a doctor’s certificate at the employee’s expense for absences for which
sick leave was utilized. The Employer may require a doctor’s certificate of any sick leave claim by a fire
inspector that exceeds three working days.
Prolonged Illness Bank
Firefighter/paramedic, sick leave balances in excess of one hundred thirty (130) days (1560 hours) shall
receive eight (8) hours of sick leave (to be placed in a prolonged illness sick leave bank) and four (4) hours
of vacation for each month of employment.
Fire Inspector: Once 960 hours of sick leave has been accumulated, the leave accrual will be as follows:
• ½ of the accrual will be placed in a Prolonged Illness Bank. An employee may only use the
prolonged illness bank after all other accumulated sick leave has been used.
• ½ of the accrual will be earned as additional vacation. All vacation is subject to the
maximum accrual cap.
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18.2 Personal Leave: All firefighters of the City shall be entitled to six (6) days (72 hours) personal leave
per occurrence, which shall not accumulate. Fire Inspector is entitled to up to 40 hours per occurrence, which
will not accumulate. Personal leave for purpose of this paragraph includes and is limited to: Death in the
immediate family, death of spouse, parent, brother, sister, child, grandchild, grandparent, and spouse’s
parent, brother, sister, child, grandchild, grandparent. Immediate family also includes “step” family
members of the employee or employee’s spouse.
18.3 Jury Duty: Employees called and selected for Jury Duty shall receive their regular compensation
and other benefits for their employment, less the amount received by them as a Juror.
18.4 Union Leave: The City agrees to grant the necessary time off without pay to any employee
designated to attend a labor convention or to serve in any capacity on other official Union business.
18.5 Court Time: An employee who is required to appear in Court and/or for Deposition during their
scheduled off-duty time shall receive a minimum of two (2) hours pay at one and one-half (1½) time the
employee’s base pay rate. An extension or early report to a regularly scheduled shift for Court or Deposition
appearance does not qualify the employee for the two (2) hour minimum.
ARTICLE XIX. SEVERANCE PAY
If an employee retires at age 65, or as otherwise provided by law, or is forced to retire due to physical
condition not allowing them to continue gainful employment, or voluntarily employment with the City after due
notice, with the consent of the City, but not if discharged or resigns by the request of the City, all and in each
case after ten (10) years of service, he/she will receive fifty percent (50%) of unused sick leave and prolonged
illness sick leave, based on his/her current hourly rate, as severance pay of the first 160 days of accumulated
sick leave.
Maximum payment:
• Firefighter: up to a maximum of the first 160 days (1920 hours) of accumulated sick leave.
• Fire Inspector and: up to a maximum of 640 hours (50% of 1280 hours)
ARTICLE XX. INSURANCE
Health
The City will agree to pay the cost of single health insurance coverage, if such coverage is elected by the
employee. Regular, full-time employees may not waive single coverage.
The City will agree to contribute a percentage of premium as established by the City Council, towards
coverage other than single as offered by the City and elected by the Employee. The City contribution will
remain at the same percentage for 2021.
Life
All regular employees will also receive a $50,000 Life Insurance Policy effective upon date of agreement of
this contract with the full cost of the premiums to be paid for by the City.
Long-Term Disability
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All regular, full-time employees will receive a long-term disability insurance policy. The City will pay for long-
term disability premiums.
ARTICLE XXI. INJURED ON DUTY
21.1 Employees injured while on duty will receive full pay for a maximum of ninety (90) working days while
unable to work due to such injury. The first three (3) working days lost due to an injury on duty will be charged
to an employee’s sick leave account as part of worker’s compensation “waiting period”. If a work-related injury
continues past ten days, the first three days which have been charged to the employee’s sick leave account
will be reimbursed to the employee. An employee with no sick leave accumulation will not receive payment
for the first three (3) working days lost.
21.2 Any compensation payable to the employee under Worker’s Compensation insurance will be
reported to the Employer. The Employer shall make supplementary payments to the employee (not to be
charged to the employee’s accumulated sick leave) to make up the difference between Worker’s
Compensation and his/her normal rate of pay.
21.3 Any employee who claims an absence from work due to an injury sustained on the job shall provide,
if requested by the Employer, a statement from the employee’s attending physician as to the nature of the
injury.
21.4 Any employee who claims an absence from work due to an injury sustained on the job is subject to
an examination to be made on behalf of and paid for by the Employer by a person competent to perform the
same and as is designated by the Employer
ARTICLE XXII. UNIFORMS
The Employer agrees to supply dress uniforms, work uniforms and turn out gear as required.
ARTICLE XXIII. WAGES
23.1 Wages for the term of the contract will be adjusted as follows:
January 1, 2022 January 1, 2023
Firefighter 3% COLA 3% COLA
Hourly Hourly
Start $21.51 $22.16
6 months $23.26 $23.96
12 months $24.81 $25.55
24 months $26.57 $27.37
36 months $28.31 $29.16
January 1, 2022 January 1, 2023
Fire Inspector 3% COLA 3% COLA
Hourly Hourly
Start $33.03 $34.02
6 months $34.26 $35.29
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12 months $35.66 $36.73
24 months $39.62 $40.81
36 months $40.94 $42.17
23.2 Longevity
Longevity shall be payable as follows:
1% after five (5) years
2% after ten (10) years
3% after fifteen (15) years
23.3 Paramedic
Those Firefighters who have received and maintained their Paramedic Certification shall be
compensated per month. Paramedic pay wages will be adjusted as follows:
January 1, 2022 January 1, 2023,
$463.50 $477.41
This amount will be added to the base pay.
23.4 Field Training Officer
A Field Training Officer will receive payment of an additional $2.00 per hour when Firefighter is
actually assigned to work as a Field Training Officer.
ARTICLE XXIV. WAIVER
24.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms
and conditions of employment, to the extent inconsistent with the provisions of this Agreement, are hereby
superseded.
24.2 The parties mutually 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 any term or
condition of employment not removed by law from bargaining. All agreements and understanding arrived at
by the parties are set forth in writing in this Agreement for the stipulated duration of this Agreement. The
Employer and the Union each voluntarily and unqualified waives the right to meet and negotiate regarding
any and all terms and conditions of employment referred to or covered in this Agreement or with respect to
any term or condition of employment not specifically referred to or covered by this Agreement, even though
such terms or conditions may not have been within the knowledge or contemplation of either or both of the
parties at the time this contract was negotiated or executed.
ARTICLE XXV. POST RETIREMENT HEALTH CARE SAVINGS ACCOUNT
If the Union chooses to establish a Post-Retirement Health Care Savings Account, the City agrees to
management the administration of that account.
Retirement Health Savings Plan (RHS) – The Union and the City agree to implement a RHS plan as agreed
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upon by the membership. It is understood there will be no charge to the current level of severance payout
calculations.
ARTICLE XXVI. WORKING OUT OF CLASSIFICATION
Employees assigned to temporarily work in a position of a higher classification as a result of an extended
absence by a co-worker may qualify for additional compensation. Additional compensation may be warranted
if the temporary assignment is for a minimum of a 24-hour work period or more and upon review of the
employee’s current wage and the additional duties assigned as part of the temporary classification.
ARTICLE XXVII. UNION VACATION BANK
During April of each calendar year each Local 5113 member will donate three (3) hours of vacation time
into a vacation bank to be used by the union board and or their delegates for union business. Any
employee who became a member of IAFF Local 5113 later than October 1st of the preceding year is not
required to donate. Management approvals of time off will be required.
ARTICLE XXVIII. DURATION
This Agreement shall be effective as of January 1, 2022 and shall remain in full force and effect until the
thirty-first day of December, 2023.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS
CITY OF HASTINGS LOCAL NO. 5113
Mary Fasbender, Mayor Craig Latch, President
Dan Wietecha, City Administrator Adam Harklerode, Vice President
Kelly Murtaugh, City Clerk Kiel Kwiatkowski, Secretary/Treasurer
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Memorandum of Agreement: Overtime
This Memorandum of Agreement (“MOA”) is entered into by and between the City of Hastings (“City”) and
the Minnesota Teamsters Public and Law Enforcement Employees’ Union, Local #320 (“Union”).
WHEREAS, the City has adopted a 21-day work period where Firefighters may work up to a maximum of
159 hours before the City is required to pay overtime compensation pursuant to the Fair Labor Standards
Act;
WHEREAS, on January 8, 2021, the City sent a letter to the Union placing the Union on notice that the City
intended to discontinue and no longer recognize the past practice of compensating Firefighters nine (9) hours
of overtime at time and one half of the hourly rate, regardless of whether the Firefighters worked more than
159 hours in a work period;
WHEREAS, the City and the Union are parties to a January 1, 2022 - December 31, 2023 Collective
Bargaining Agreement (“CBA”) governing the general terms and conditions of employment for Firefighters
employed by the City;
BE IT RESOLVED, that during the term of the current 2022-2023 CBA, the parties agree that Firefighters will
be compensated as overtime the hours in excess of the 159 hour work period, whether the hours in the shift
are compensated for work, PTO, vacation, or sick time.
BE IT FURTHER RESOLVED, that the City has not waived its right to end the past practice upon the
expiration of the 2022-2023 CBA, and the Union will need to negotiate for subsequent continuation of the
practice.
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding on the dates
recorded below their respective signatures.
INTERNATIONAL ASSOCIATION
FIREFIGHTERS
CITY OF HASTINGS UNION, LOCAL NO. 5113
Mary Fasbender, Mayor Craig Latch President
Dan Wietecha, City Administrator Adam Harklerode Vice-president
Kelly Murtaugh, City Clerk Kiel Kwiatkowski, Secretary/Treasurer
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Memorandum of Understanding: Mental Health and Wellness Program
This Memorandum of Understanding (MOU) is entered into by and between the City of Hastings (“City”)
and the International Association of Fire Fighters Local #5113 (“Union”), on behalf of the Fire Fighters
bargaining unit, for the purpose of establishing guidance for an employee mental health and wellness
program. The City and Union shall collectively be referred to as “the Parties.”
WHEREAS, the Hastings Fire Department (“Fire Department”) recognizes that, during the course
of performing their job duties, Fire Department employees may become involved in or exposed to
incidents that have the potential to cause various forms of short-or long-term emotional and
psychological trauma; and
WHEREAS, the Fire Department is committed to supporting the mental health and wellness of
its employees by providing them with resources that will help ensure stability and longevity in the
personal and professional lives of each employee; and
WHEREAS, the Fire Department desires to provide employees with cost-free mental health
services from a qualified mental health professional that specializes in working with public safety
employees; and
WHEREAS, the City and Union are parties to a 2022-2023 collective bargaining agreement
(“CBA”) which does not contain any negotiated language over the establishment or participation of Fire
Department employees in a mental health program; and
WHEREAS, the Parties agree that the establishment and implementation of a mandatory mental
health program is the subject of bargaining; and
NOW, THEREFORE, BE IT RESOLVED, in consideration of the foregoing recitals, the Parties
hereby agree as follows:
Purpose:
This policy establishes the Hastings Fire Department Mental Health Program. The purpose of this
program is to ensure the mental health and well-being of employees. This policy defines the
program that shall be provided by the Department to all employees, along with the roles and
responsibilities of the employee and the Fire Department.
Policy:
The Hastings Fire Department hereby establishes a Mental Health Program. Along with the
annually required physical exam, employees will participate in an annual mental health
consultation to identify any potential conditions or problems that affect the employee’s health
and wellness. All staff who engage in firefighting and emergency medical services will attend one
mandatory session with a mental health provider each year. Failure to comply with this
requirement can be cause for disciplinary action.
Procedure:
1. Participation in this program is mandatory for all full-time and paid on-call personnel who
engage in firefighting, rescue and emergency medical services activities.
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2. Employees will complete at least one (1) appointment with the Fire Department’s approved
mental health provider every year.
3. The Fire Department will allow employees the necessary time away from their scheduled
work duties to attend the mandatory mental health appointment without loss of pay or
deduction of leave.
4. In the event the mental health appointment must be scheduled when an employee is off
duty, the employee will be compensated at the employee’s overtime rate of pay for the
appointment and travel time from the employee’s home to and from the mandatory
appointment.
Designated Provider:
The Fire Department will appoint one designated provider annually. An employee who is
already under the care of another provider will have the ability to notify the designated provider
that they are already receiving mental health counseling through another provider. The
designated provider will then verify that the employee has met the requirement of attendance
with Department administration, without disclosing any further information.
The designated provider, in special circumstances, may refer individuals to other providers who
may offer specialized services.
Mental Health Program Committee:
A committee shall be established to implement and manage the Mental Health Program. The
committee will consist of one representative from IAFF Local #5113, one representative of
Teamsters Local #320, one paid-on-call representative, and one Chief. The committee will be
responsible for the following:
• Providing input and assistance in the development and implementation of
programs related to mental health.
• Making recommendations on the type and content of mental health awareness
and related programs, services, or training.
• Distributing applicable mental health related information to employees.
• Evaluating the overall effectiveness of programs related to mental health.
• Evaluating and recommending approved mental health providers to Fire
Department Administration.
• Participation in the committee shall not be considered negotiation by the
bargaining unit.
Critical Incident Stress Debriefings
Employees are strongly encouraged to participate in Critical Incident Stress Debriefings when
they occur. Employees are also strongly encouraged to request that a CISD session be arranged
following critical incidents. Participation in a CISD does not meet the annual attendance
requirement of the mental health program.
Confidentiality
The communication between the any mental health care provider and the employee is
privileged and therefore the Department considers all mental health appointments,
communication during the appointment, and any recommendations as confidential in
accordance with all applicable State and Federal privacy laws. The mental health care provider
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shall be prohibited from sharing any employee information other than confirming with the
Department that an employee was or was not compliant with the program’s directive of
attending one appointment by the end of each year.
Follow Up Visits
If an employee or the care provider feels that services beyond the one (1) required appointment
would be needed or beneficial for the employee, the care provider may create a referral at the
employee’s discretion. Additional resources are available to the employee through the City’s
Employee Assistance Program (EAP) as well as the employee’s health insurance.
1. These additional appointments are not mandatory.
2. Up to five (5) additional appointments will be provided through the Fire Department.
3. As with any other medical appointment, employees will not be compensated for time spent
at additional appointments. Employees are eligible to use sick leave to attend additional,
non-mandatory appointments while on duty.
4. If the employee wishes to schedule follow up appointments with the care provider, the
employee may schedule those appointments directly with the provider.
[The Remainder of this Page Intentionally Left Blank]
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IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be executed by its duly authorized
representatives.
CITY OF HASTINGS INTERNATIONAL ASSOCIATION
OF FIRE FIGHTERS, LOCAL NO. #5113
Approved by the Hastings City Council: Approved by the Union:
____________________________________ _______________________________
Mary D. Fasbender, Mayor Craig Latch, President
____________________________________ ________________________________
Dan Wietecha, City Administrator Adam Harklerode, Vice President
____________________________________ ________________________________
Kelly Murtaugh, City Clerk Kiel Kwiatkowski, Secretary/Treasurer
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STATE OF MINNESOTA
BUREAU OF MEDIATION SERVICES
In the matter of a Petition for
Clarification of an Appropriate Unit:
UNIT CLARIFICATION STIPULATION
City of Hastings and International Association
of Fire Fighters, Local 5113 (Firefighter’s Unit)
STIPULATION OF THE PARTIES
WHEREAS, the parties seek to amend and replace the appropriate unit description
effective January 1, 2022 by removing the fire marshal from the unit;
WHEREAS, the stipulated amended description would supersede and replace the
previous unit description. The appropriate unit description would state:
All fire fighters/paramedics and fire inspectors employed by the City of Hastings,
Minnesota, who are public employees within the meaning of Minn. Stat. § 179A.03,
subd. 14 excluding all supervisory and confidential employees.
ACCORDINGLY, the above is hereby stipulated and agreed to by and between
the parties, in the above-referenced matter, and the parties agree that this Stipulation may
not be amended except in writing and upon the mutual consent of the City and the IAFF.
FOR THE EMPLOYER: FOR THE UNION:
___________________________ ________________________
(Title) (Title)
DATE: _____________________ DATE: __________________
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