Report Inappropriate Comments

Next few chapters Steve. Rule # 1. dont speak on topics that you have no knowledge of. Youshould be ashamed of yourself. Typical union dope who doesnt even know the details of his contract.

ARTICLE VIII

SECTION 1. SICK LEAVE

Sick leave shall be granted at the rate of twenty (20) working days per year accumula-tive to one hundred twenty (120) working days; provided, however, that additional sick leave may be granted at the discretion of the Chief of the Department. During the month of February in each year, the City of Warwick shall cause to be calculated and 25

information made available upon request, each member’s present entitlement under this clause. A member’s entitlement to accumulated sick leave shall be determined from the date of his or her first appointment to the Department.

Days of absence due to injuries and/or illness contracted outside the line of duty shall be subtracted from the employee’s sick leave as hereinbefore specified. Days of absence due to injuries and/or illness contracted in the line of duty shall not be sub-tracted from the employee’s days of sick leave hereinbefore specified.

Sick leave shall be recorded at the rate of 1⅔ days per month to every employee employed by the City on the 15th day of any month. If an employee is on sick leave with pay in excess of two (2) consecutive working days, the City may require the employee to be examined by a doctor selected and paid by the City, and the doctor must certify that the employee’s sickness prevented said employee from performing the duties of his/her position, before said employee will be credited with sick leave pay.

SECTION 2. REASONS FOR SICK LEAVE

Sick leave for members of the Fire Department shall be granted for the following defined reasons:

a. Personal illness or physical incapacity, not voluntarily caused, to such an extent as to be rendered thereby unable to perform the duties of his or her present position or for some other position in the Department if said employee is found capable of other work by a qualified physician.

b. Enforced quarantine when established and declared by the Department of Health or qualified physician for the period of such quarantine.

SECTION 3. PERSONAL LEAVE

Personal leave, for the following reasons, shall be charged against sick leave:

a. Attendance upon members of the family within the household of the employee whose illness requires the care of such employee for a period up to forty-eight (48) working hours or average work week (employees can be required to sign an affidavit stating that there is no possible way to make other arrangements).26

SECTION 4. SICK LEAVE PAY UPON RETIREMENT OR DEATH

In any case where an employee retires or voluntarily terminates his or her employment with the City leaving unused, accumulated sick leave, the City shall pay one-half (½) of the amount of such accrued, unused sick leave to the employee on his or her retirement or leaving the employ of the City. In any case where an employee dies leaving unused, accumulated sick leave, the City shall pay the full amount of such accrued, unused sick leave to the Executor or the Administrator of his or her estate, or to his or her wi-dow/widower if there be no Executor or Administrator, or to his or her next of kin if there be no widow/widower in accordance with the intestacy laws of the State of Rhode Island.

The amount of unused, accumulated sick leave pay shall be determined by multiplying the employee’s most recent daily rate of pay by the number of unused, accumulated days of sick leave.

SECTION 4.5 SICK LEAVE PAY UPON DISABILITY RETIREMENT FOR SERVICE CONNECTED DISABILITY

In any case where an employee retires due to service-connected disability, as set forth in this Agreement, leaving unused accumulated sick leave, the City shall pay one-half (½) of the amount of accrued unused sick leave to the employee upon his or her retirement.

SECTION 5. BEREAVEMENT LEAVE Bereavement Leave for the following reasons shall not be charged against sick leave:

a.. In the case of the death of a mother, father, spouse, child, brother or sister, grandparent, grandchild, mother-in-law, father-in-law, or in cases of other members of the employee’s immediate family with the approval of the Chief, each employee covered by this Agreement shall be entitled to a leave of absence with pay from the time of notification of death to and including the day following the burial of the de-ceased, except in cases where unusual travel distances exist, such period may be extended up to three (3) days or more if needed, and provided further, that in the case of employees of the Jewish faith, said leave shall be for the actual period of mourning observed, but not to exceed seven (7) days from the day of burial.27

b. In the case of death of relatives other than as provided in Paragraph (b) above, such leave of absence with pay shall be for not more than one (1) day to permit atten-dance at the funeral of said persons, if the leave is first approved by the Chief of the Department. (Affidavit may be required)

SECTION 6. PAYMENT FOR UNUSED SICK LEAVE AFTER MAXIMUM ACCUMULATION

In any case where an employee has accumulated his or her or her maximum sick leave entitlement under Section 1 hereof, he or she shall, at the end of each year, be entitled to be paid for one-half (½) of his or her unused, yearly sick leave entitlement, not to exceed ten (10) days. Such payment is to be made on the basis of said employee’s daily rate of pay as of January 31, and shall be paid to the employee by the thirtieth (30th) day of March of each year.

SECTION 7. PERSONAL LEAVE DAYS

All employees shall be entitled to two (2) personal days per year. Such personal days will be deducted from the employee’s sick leave and shall be available only when manpower is available and no overtime is incurred as a result of taking such days.

ARTICLE IX

SECTION 1. INJURIES AND ILLNESS

The City agrees to pay to any injured firefighter who is incapacitated by reason of injuries received or sickness contracted in the performance of his or her duties such amounts and for such periods of time as it is legally obligated to pay.

SECTION 2. MEDICAL CARE FOR INJURIES OR ILLNESS IN LINE OF DUTY

Medical care for those injured or who contract illness in the line of duty shall be as follows:

Those members injured or who contract illness in the line of duty whose condition requires admittance to a hospital shall have the right to select a hospital and physician from the staff of that hospital. The choice shall be made by the employee, or if his or 28

her condition prevents him or her from making his or her choice, the choice shall be made by his or her nearest relative who may be available at the time, provided however, that the fees of such hospital and/or doctor are reasonable and consistent with the prevailing rates for such services in the Rhode Island medical community.

In other cases which do not require hospitalization, the employee shall have the right to a specialist of his or her own choice from the staff of a hospital for initial treatment at the hospital and for subsequent treatment at the selected physician’s office, provided however, that the fees of such hospital and/or doctor are reasonable and consistent with the prevailing rates for such services in the Rhode Island medical community.

In cases which are of minor nature (minor lacerations, abrasions, contusions, etc.), the judgment of the resident physician shall be followed regarding the necessity of calling in a specialist.

When an employee has suffered a minor injury which does not require the care of a physician in the line of duty and has been treated by a member of the rescue squad, a report of the injury and treatment shall be made to the Chief of the Department and become a part of the record of the Department. Any subsequent worsening of the injury or of the immediate area of the injury shall entitle the individual to the benefits of this Article.

When an employee has suffered a previous injury and an occasion arises when that injury recurs in any manner, the employee shall be entitled to the immediate examina-tion of the physician who attended him or her for the original injury at the City’s ex-pense. In the event the physician who treated the employee for the original injury is not available by reason of illness, death or from other circumstances, the employee shall have the right to engage a specialist of his or her own choice. If the attending physician determines that the employee is actually suffering from a recurrence of the injury, the employee shall be entitled to the benefits of this Article; provided, however, that if the City of Warwick questions the decision of such physician, the City shall have the right to have said employee examined by the City’s physician, or by a physician selected by him or her. If, in the opinion of the City’s physician, or of the physician selected by him or 29

her, the employee is not suffering from a recurrence of such injury, the employees physician and the City’s physician, or the physician selected by him or her, shall jointly select a third neutral physician who shall specialize in the area of medicine involved in the injury which is alleged to have recurred, to examine the employee and the decision of such physician shall be final and binding as to whether or not said employee is actually suffering from a recurrence of the injury. In the event the employee’s physician and the City’s physician, or the physician selected by him or her, shall be unable to agree upon a third neutral physician, such neutral physician shall be selected, upon the application of either party hereto, by the Executive Director of Rhode Island Medical Association. The Physician so selected by Executive Director of Rhode Island Medical Association shall be a specialist in the area of medicine involved in the injury which is alleged to have recurred. In all cases herein the examining physician shall base his or her opinion upon reasonable medical certainty.

SECTION 3. MEDICAL CARE FOR INJURIES ON PRIVATE DETAIL.

A. Any employee covered by this Agreement who is injured while on any detail to which he or she is assigned, in accordance with departmental procedure, shall be consi-dered as in the employ of the City and shall be entitled to all of the benefits set forth in Chapter 45-19-1 of the General Laws of Rhode Island, 1956, as amended.

The City shall be subrogated to the employee’s rights to the extent of payments made by the City pursuant to this Section. If the claim of the employee is one under the Workmen’s Compensation Act, the City may pursue said claim in the name of the employee to recover any such payments made by the City.

B. The City of Warwick agrees to pay all expenses for inoculation or immunization shots for the employee and for the members of the employee’s family residing in his or her household when such shots become necessary as determined by the Chief of the Department as a result of said employee’s exposure to contagious disease as where said employee has been exposed to said disease in the line of duty.

SECTION 4. PRESUMPTION OF DISABILITY

In any case where an employee covered by this Agreement is disabled from performing 30

his or her regular duties as a firefighter because of a heart condition or respiratory ailment, it shall be conclusively presumed that such disability is attributable to his or her employment as a member of the Fire Department; in any case where an employee covered by this agreement is disabled from performing his or her regular duties as a firefighter because of hepatitis B or C, it shall be rebuttably presumed that such disability is attributable to his or her employment as a member of the Fire Department, and he or she shall be entitled to all of the benefits of the ordinances of the City of Warwick. For short-term disabilities under this paragraph, the inability to perform one’s duties must be verified by a qualified physician. No period of such disability shall be deducted from his or her sick leave entitlement, nor from any other leave entitlement to which said employee may be entitled under any other terms or conditions of this Agreement.

SECTION 5. LIGHT DUTY

1. Establishment

Firefighters on O.J.I. (on-the-job-injury) status may be assigned to light duty posi-tions. There shall be no limit to the number of light duty positions in the Depart-ment. Light duty positions shall not affect the minimum staffing levels of the De-partment. These positions shall be filled by employees whose prognosis has been determined by a physician that said employee is expected to fully recover and return to full fire fighting duties or other normal duties, subject to the Provi-sions of the Collective Bargaining Agreement. Nothing contained herein shall be construed to entitle an employee to a light duty assignment or a specific light duty task. Employees who are found fit for light duty and from whom an application for a pension has been submitted, may be assigned light duty until a decision is reached on the application.

2. Type of Work

The Chief of the Department may assign employees to the following light duty positions: Driver/Chauffeur for Duty Battalion Chiefs, Fire Prevention, Training Division, or other divisions of the Fire Department as selected by the Chief of the 31

Department, assisting the Training Officer, assisting the Supply Officer and per-forming other similar tasks involved in the ordinary course of business of the Fire Department.

3. Hours of Work

The hours of light duty work shall be the same as the division the employee is assigned to work.

4. Employee’s Eligibility For Light Duty

An employee who is injured and subsequently unable to perform his or her nor-mal duties due to either a service or non-service injury or illness, may be as-signed to light duty upon examination and report by a doctor, selected by the City, or, the employee’s own physician, subject to the approval of the City that the person is capable of performing light duty, provided the City will not use light duty as a permanent situation, but for those situations where there is an expecta-tion that the employee will at some future date return to full duty. Employees suf-fering from a non-service injury or illness shall not be required to work light duty.

5. Salary

A person’s salary while on light duty shall not be less than that which he or she would have received had he or she continued to perform the regular and ordinary duties assigned to him or her prior to the injury or disability.

ARTICLE X

SECTION 1. RULES AND REGULATIONS

a. The City of Warwick agrees to furnish each present employee a copy of the current Rules and Regulations of the Warwick Fire Department and further agrees to furnish to each new employee upon his or her hiring a copy of the Rules and Regulations then existing of the Warwick Fire Department.

b. The City of Warwick agrees that the Board of Public Safety shall review and revise, where necessary, the Rules and Regulations governing the conduct of the Fire De-32

partment and further agrees to permit appropriate representatives of Local 2748 to meet with the appropriate City officials revising said Rules and Regulations in order to make suggestions concerning such revised Rules and Regulations.

c. Should any existing rule or regulation or any revised rule or regulation conflict with any express term or condition of this Agreement, the provisions of this Agreement shall be controlling.

SECTION 2. ACCESS TO PERSONAL RECORDS

The City of Warwick hereby agrees that all employees covered by this Agreement shall have the right to inspect their service jackets and personnel records at reasonable times, during normal hours of the Administrative Office, so that the employee will at all times know the contents of such service jacket and personnel records.

SECTION 3. WORKING CONDITIONS

a. Members of the Fire department covered by this Agreement shall not be required, while on duty, to perform major structural alterations or major repairs to existing or future fire stations.

b. The City will provide transportation for any employee who is without prior notice detailed from one location to another or who is temporarily transferred from one location to another during his or her tour of duty.

c. None of the nine (9) fire engine companies shall be regularly operated in service at any time with less than three (3) employees on the vehicle, one of whom shall be an officer. None of the three (3) ladder companies shall be regularly operated in service at any time with less than two (2) employees on the vehicle, one of whom shall be an officer. None of the four (4) rescue companies shall be regularly operated in service at any time with less than two (2) employees on the vehicle. The Chief of the De-partment shall have the authority to assign or locate these companies as needed.

On each engine company, ladder and rescue company one (1) officer will be in charge for each of the four platoons. Of the four (4) officers assigned to each engine compa-33

ny, ladder and rescue company one (1) officer will hold the rank of Captain. The Special Hazards Unit shall be regularly operated in service at all times by two (2) employees, one of whom shall be an officer. Effective July 1, 2003, the Special Hazards Unit shall be regularly operated in service at all times by three (3) employees, one of whom shall be an officer. Of the four (4) officers assigned to the Special Ha-zards Unit, one (1) officer will hold the rank of Captain.

d. No apparatus regularly operated in service shall be placed out of service for lack of manpower. All four (4) platoons will maintain minimum staffing levels at all times as follows: 45 employees, including 19 officers. Of the 19 officers there shall be two Battalion Chiefs on duty. Note: Only 1 of the platoon Battalion Chiefs shall be al-lowed to be on vacation at any time. Effective on July 1, 2003, minimum staffing levels shall increase to 46 employees, including 19 officers.

e. Any off-duty member of the Fire Department who is required by the City of Warwick to appear in court relating to his or her duties on the Fire Department or while off duty is required by the City of Warwick to prepare any documents, papers or statements relating to such Fire Department activities shall be paid therefore at the rate of time and one-half his or her regular hourly rate of pay, hourly rate of pay being 1/40th of his or her regular weekly salary.

f. A Warwick firefighter will also be called back to duty and assigned to any out-of-city apparatus in order that he or she may guide that apparatus on any emergency call.

SECTION 4. LIMITATION ON TRAINEE ASSIGNMENT

Any new employee of the Warwick Fire Department shall receive 18 weeks of training. This training shall consist of, but no be limited to, general training, pump training, driving, aerial operations, EMS training, as well as physical fitness training. The new recruits shall receive a minimum of 4 weeks training as extra personnel on apparatus, supervised by Field Training Officers, before being assigned to fill in for permanent personnel. This twenty-two week recruit school shall not be considered part of the probationary period. Recruits shall not be entitled to any other part of this agreement and shall become third class firefighters only upon successful completion of the training 34

school. All seniority, pension, and other benefits shall commence upon becoming a third class firefighter and shall not be retroactive.

SECTION 5. TABLE OF ORGANIZATION

The City agrees to prepare and post on the Bulletin Board of each fire station, a Table of Organization setting forth the organizational structure of the Warwick Fire Depart-ment.

SECTION 6. MEDICAL EXAMINATION

Every employee forty-five (45) years or older may request a complete yearly physical by a doctor of his or her choice, which examination shall include an electrocardiogram, chest x-ray, complete blood count and urinalysis. Also, said employee may request a treadmill stress test which shall be administered at Kent County Memorial Hospital, Warwick, Rhode Island or any suitable facility designated by the City. The cost of such examination and tests shall be paid by the City. The medical report to the City of said physical paid for by the City shall be limited to a report on whether the employee is fit and able to perform the duties of said employee’s position.

SECTION 7. PRINTING OF AGREEMENT

The City of Warwick will cause copies of this Agreement to be printed and distributed to all employees of the Warwick Fire Department within sixty (60) days following the date of execution of this Agreement. Copies of this Agreement shall be furnished to all new employees by the City within sixty (60) days of their employment. The cost of printing and distributing said copies shall be borne by the City.

SECTION 8. RETIREE’S PAYROLL DEDUCTION

A retiree shall be entitled to request and have made payroll deductions as authorized by him or her in such payroll deduction categories as the City permits active employees.

Effective July 1, 1987, retirees may purchase Dental Insurance by payroll deduction.

SECTION 9. PHYSICAL FITNESS

It is

From: Mayor touts city's financial position

Please explain the inappropriate content below.