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HomeMy WebLinkAboutCOD-042-03 Cl~-!ngron REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE PII.. GE Date: October 6,2003 Resolution #: GPPr-t.iblS'-D~ Report #: COD-042-03 By-law #: Subject: Fire Fighter Call-Back Protocol Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT report COD - 042 - 03 be received; 2. THAT funds in the approximate amount of $18,500 be provided from the 2900- 17-X account for the purchase of pagers with extended warranty, to be used for call back of full time fire fighters, in accordance with the prevailing memorandum of understanding; 3. THAT increased costs of approximately $10,000, associated with the overtime call out for full time fire fighters be approved for possible over-expenditure through November and December of the 2003 budget; 4. THAT future costs of approximately $90,000 annually, associated with overtime call out for full time fire fighters, be provided for in future operating budget overtime accounts; 5. THAT the President of Clarington Fire Fighter's Association Local 3139, Mr. B. McCutcheon, and Secretary, Mr, M. Ladouceur, be thanked for their co- operative participation in the negotiation of the current memorandum of understanding, and be requested to inform their membership of the practice agreed to in the memorandum; 12 1/ 6. THAT the Fire Chief be authorized to develop a policy to be effective immediately, providing that volunteer fire fighters who accept any full time fire fighting position will be required to resign as a Clarington volunteer fire fighter within six months of accepting any full time position; 7, THAT existing volunteer fire fighters who are employed as full time fire fighters will be grandfathered from the above policy; and 8. THAT notice of the above policy be posted in all fire locations, FORTHWITH. Attachment #1: Memorandum of Understanding ) Submitted by: U~ Marie Marano cr; of eo"",,,,, S'NI,,, Michael Creig n Director of Em rgency Services a Reviewed by: ~ J.",; Franklin Wu 1 v Chief Administrative Officer MM*ca 1,2 18 REPORT NO.: COD-042-03 PAGE 3 BACKGROUND AND COMMENT 1. Historical Practice - Call Back 1.1 Report ADMIN 05-03 identified an issue regarding interpretation of the 2003 interest arbitration award language for article 10.01 and its application to the calling back of fire fighters to respond as volunteers. 1.2 The previous collective agreement referred to call-back outside of regular working hours to be paid in accordance with the remuneration established for part-time fire fighters. The award replaced that article with language speaking to effective overtime as follows: 10.01 Fire fighters who are called back to fire fighting duty outside of regular working hours will be paid at the rate of one and one-half times their regular rate of pay time the number of actual hours work, with a minimum of three hours. The award also included under article 12.05, dealing with contracting out, language which stated" .. .and except to the extent of the current practice including the current practice as it relates to volunteer fire fighters..." This language clearly recognizes the current relationship that exists between the Municipality, its volunteers, and the full time fire fighters. 1.3 The Municipality has a significant complement of approximately 125 volunteer fire fighters, and relies heavily on their support, particularly in areas where full time stations are not yet established. Until the pressure by the Provincial Association for full time fire fighters to resign as volunteers under the "double hatter" issue, there were a number of the Local 3139 members who responded after hours as volunteers. The Municipality hires their volunteers under separate employment letters, and has historically treated the full time and part time as separate entities. All responding volunteers have historically been paid the same rate, regardless of their full time status. 1.4 Volunteers respond to a call after hours on a wide "tone out", therefore their response is voluntary. If the full time employees were to respond to the "tone out" call with the expectation of overtime pay, it would create two difficulties. First overtime, which is as a matter of employment practice, is authorized and approved, therefore if it is paid in due to a voluntary response, the Municipality loses control over its ability to control costs, and its budget. The tax rates would be at risk of unknown impacts under this uncontrolled scenario. The added problem is one of morale, where the full time employees, responding as volunteers, would be paid significantly more than their volunteer counterpart, performing the same duties. 1.5 This issue has been part of the negotiations discussions for some time, and was brought to the arbitration hearing by the Association. 1219 REPORT NO.: COD-042-03 PAGE 4 2.0 The 2003 Fire Award Call Back Interpretation 2.1 The award is interpreted by the Municipality to maintain the practice with respect to full time who voluntarily respond to after hour calls, particularly because he specifically acknowledges the current practice of utilizing volunteers. The Association advises that their interpretation is that any full time employee coming back to fire fighting duties, even on the voluntary response to a "tone out" should be paid at time and one-half. 2.2 Although the Arbitrator remains seized on the matter, and is available to arbitrate on the interpretation, in his award he was very pointed in his direction to attempt local settlements. With that intention Staff met with the members of the Association executive to review the award to ensure interpretation was consistent on both sides. 2.3 The Association acknowledges that there are problems with the current system on the matter of affordability if all full time were permitted to respond on a voluntary basis, expecting the minimum three hour and overtime payment. They also acknowledge the potential morale issue. On the other hand they also recognize that it would be in the best interest of both parties to resolve the matter, thereby providing some overtime opportunities for full time fire fighters, when the Municipality is in need of additional support. 3.0 Call Back Proposal 3.1 The Municipality recognizes that there are times when it would be advantageous to call back or utilize full time employees in situations where to date, volunteers have been the primary resource. The Association would prefer that their full time members are compensated at overtime rates for call backs. A memorandum of understanding, substantially in the form of Attachment #1, which sets out criteria for implementing call back for full time fire fighters on a pager system, separate from volunteer pagers, has been drafted for execution by both parties. 3.2 The process is similar to that in effect in the Region of Durham area municipalities. For example Ajax and Pickering policies include call back procedures for working structure fires, working haz-mat incidents, large grass fires etc. The proposed Clarington memorandum (attachment #1) outlines similar criteria. Since it is the introduction of such a policy for Clarington, the call back activation requirements are clearly defined. The memorandum of understanding is attempting to put into place, a reasonable procedure, recognizing it may be amended over time to adjust to actual and workable realities. 1220 REPORT NO.: COD-042-03 PAGE 5 3.3 The proposal provides for a separate call out system for full time employees, who would be compensated at overtime rates when responding to a page. It provides for exercise of control over cost to the extent that the Municipality is effectively authorizing the overtime when it knowingly initiates the call back. It provides the Municipality the opportunity to draw on resources quickly when the need arises. 3.4 With Council approval of the acquisition of the pagers, the full time employees would be provided an opportunity to voluntarily carry a pager for voluntary response to call back. It is recommended that, should Council approve this Report, any existing firefighters who are also volunteers, be requested to turn in their volunteer pagers in exchange for the full time pager option. 3,5 The proposed process would confirm clear separation between the full time forces and the volunteer forces, which maintains the Municipality's treatment of them as separate entities. 3.6 It is proposed that the pager system for call back be effective November 1, 2003, thereby limiting the budgetary impact for 2003. 4 Financiallmplications 4.3 The call back procedure will have a budgetary impact due to the utilization of full time forces where previously part time only were called out. However if the interpretation of the award language on call back is referred back to the arbitrator, the worst case scenario could be the award of time and one-half to any fire fighter responding as a volunteer. This interpretation also carries the risk that the volunteers might look to an increase in compensation as they would be working along side "volunteers" who are paid at four times the rate that they receive. The impact of the worst case scenario which might see all volunteer calls requiring increased compensation could exceed $500,000 annually. 4.4 The Chief has estimated the cost attached to the call back procedure for instances as outlined in the attached memorandum of understanding, at approximately $ 90,000. The impact of the proposed memorandum will be monitored over time, and accommodated through future annual operating budgets. 4.5 The proposed call back procedure outlined in this report provides for the maintenance of the volunteer force as a distinct entity, and it treats the full time fire fighters in a manner consistent with their counterparts. The associated cost, while significant, is estimated to be the preferable option from both a financial impact and an efficiency of service standpoint. It also mitigates the potential for significant morale issues to develop. 1221 REPORT NO.: COD-042-03 PAGE 6 5.0 Volunteer Forces 5.1 It has been the Municipality's position that the volunteer forces are separate and distinct entities. However the complication of having full time fire fighters, employed either by Clarington or other employers, has compromised the ability of the Municipality to some extent in training opportunities, and in maintaining separation of identity. 5.2 The Municipality is recommending that a policy be adopted by the Fire Chief which would require volunteers to resign if they accept full time employment as a firefighter, either with Clarington or any other employer. 5.3 The above recommended proposal of call back provides an opportunity, at this time, to implement the policy to maintain the volunteers as separate entities. Both the Chief and the Association believe that this will serve the Municipality more effectively in all matters, including consistent methods of training and response. 5.4 There are currently approximately six volunteers who are full time fire fighters employed outside of the Municipality. It is recommended that these individuals be permitted to maintain their current status, and would be grandfathered to the policy. 5.5 The policy is recommended to be effective immediately. 6.0 Conclusion 6.1 The proposed call back memorandum and the significant monetary impact of the arbitrator's award are reflective of the cost of doing business, achieving comparable operating procedures with area municipalities and the stage of growth that the Municipality has reached. 6.2 The fire Master Plan study is presently in draft form and will be reviewed by staff, and will be the subject of a future report. It is expected that a comprehensive strategic plan to address the master plan issues such as responding to growth, in the most effective, efficient and affordable manner will form the basis of the Master Plan report. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-6506 1222 COD Report-042-03 Attachment # I Memorandum of Understanding September 30, 2003 MUNCIPALITY OF CLARINGTON AND CLARINGTON FIREFIGHTER'S ASSOCIATION, LOCAL 3139 MEMORANDUM OF UNDERSTANDING FOR INTPRETATION OF CALL-BACKS (ARTICLE 10.01 OF THE COLLECTIVE AGREEMENT) EFFECTIVE DATE: NOVEMBER 1ST, 2003 ARTICLE 10.01 Fire Fighters who are called back to fire fighting duty outside of regular working hours will be paid at the rate of one-half times their regular rate of pay times the number of actual hours work(ed), with a minimum of three hours. PURPOSE OF MEMORANDUM OF UNDERSTANDING To establish a protocol in relation to interpreting Article 10.01 of the Collective Agreement referring to Call-Backs. SCOPE Applies to all full-time Fire Fighters who are members of the Fire Fighter's Association Local 3139, (hereinafter "employees"), unless otherwise specified. CALL-BACK ACTIVATION REOUIREMENTS . In accordance with procedures or sufficient information via multiple calls and/or visual observations enroute to the scene. The current practice of the first call to volunteers will be maintained, with full time call back activation in accordance with the events and criteria listed in this Memorandum of Understanding. . In the best judgment of the on-scene Incident Commander, the following conditions exist: o Major working incident (specified below) that requires additional full-time Fire Fighters to effectively manage, while ensuring the effective and efficient use of Clarington Emergency Services resources; o Clarington Emergency Services apparatus will be committed on scene for extended periods of time (i.e. hours); o Fire Prevention Staff will only be called-back if there is an extensive investigation to determine the nature of the alarm and they are fully trained to do this type of work; o The Training Officer will only be called-back as the on scene Safety Officer, not as a Suppression Captain. 2 Some examples of these (listed above) types of incidents include, but may not be limited to: . Major working structure fires where volunteers are insufficient Working haz-mat incidents Large grass fires Water/ice rescue Lack of response at volunteer station Darlington Nuclear Generator Station incidents which require backup from Clarington full-time Fire fighters. Scheduled events - Full time crew members will be called in to replace the full time crew members that are attending the scheduled event, as per the prevailing overtime practice if timing permits. . . . . . . Emergency/Disaster, or special circumstances will not be restricted by the call-back criteria and response will be determined by Emergency Services Management in accordance with prevailing Disaster Response Plans, or as appropriate. CALL-BACK ACTIVATION PROCEDURE . The on-scene Incident Commander, when conditions warrant orders the activation of full-time call-back through dispatch. Dispatch activates the "full-time" pagers All returning personnel will report to their respective full time stations and provide assistance as requested by the Incident Commander. . . COMPENSATION AGREEMENT . All personnel returning for a full-time call-back are to complete the overtime sheet, and have it signed by the Fire Chief, or his designate. Payment will be made on the first pay period following the call-back, whenever possible. Each member responding to a call-back, (subject to the time limit below) will be compensated for all time worked in accordance with the prevailing Collective Agreement (time and one half, with a minimum of 3 hours, calculated from the time call-back is initiated.). In order to receive the minimum 3 hour payment, personnel must arrive at the fire station within V2 hour of the time of the call-back activation. Personnel arriving after the 30 minute window will be paid at time and one-half from the time they arrive until they are released or until the commencement of their next scheduled shift, whichever comes first, assuming the incident is still on-going. Personnel that respond to call-back prior to the start of their scheduled shift will be paid time and one-half up to the start of their shift. Personnel that continue past the end of the scheduled shift will be paid time and one-half commencing at the end of the scheduled shift time. There is no 3 hour minimum. . . . 3 NOTE: This procedure does not affect the current practice of activating the volunteer's pagers, as first responders. Call-back will only be activated upon confirmation of a working incident as described above. Full-time Fire fighters who are still in possession of pagers with the "volunteer" tones are requested to return them as soon as possible and prior to November 1st, 2003. All Fire fighters are reminded that pagers will only be provided to those personnel residing within the Clarington Municipality, as the paging reception is limited or who are capable of responding within 30 minutes, while driving under normal conditions. This is a working document in progress and may be subject to amendment from time to time based on practical experience and with both parties agreement. Dated this 30th day of September, 2003 Agreed to on Behalf of: The Municipality of Clarington Clarington Fire fighter's Association, Local, 3139 Michael Crei /7 ~ ' arie Marano Director of Corporate Services i26J Bbb McCutcheon, Association President Lo 3139 (Jt /' C)~~ Franklin Wu Chief Administrative Officer ,.