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29 Cards in this Set

  • Front
  • Back

Union Rights to Premises

Union officials have the right to go onto the premises to:


• Investigate grievances


• Ascertain whether or not the CBA is being followed.

Informational Meetings

• Shall not be more than 2 hours during duty hours, and members may attend while on duty.


• The Union must give written notice of such meetings to the employer at least 5 calendar days prior to meeting date.


• Employee orientation presentations shall not be more than 1 hour.


• Meetings are held quarterly.


• Union gets first presentation with new members.


• Union will be allowed 4 hours during initial recruit training to answer questions, and clarify the CBA.

Derogatory Employee Material

• Shall be kept for 2 years, unless deemed important or currently relevant.


• May then be retained for an additional year, & reviewed again.


• Must be destroyed after 5 years no matter what.

Placement & Transfer

• Shall not be used as disciplinary measure.


• Consideration shall be made for personal hardship.


• Specific reasons for placement will be given within 10 days.


• If a HFD 072 is made, members shall receive written acknowledgement of submittal.


• Grade seniority shall be given priority, & overall Dept. seniority prevails.


• No preference for transfer based on form submittal date.

Promotions

Employees not selected for promotions may submit a written request w/in 10 days for a individual consultation with the fire Chief.

Probationary Periods

• New employees serve an initial 1 year probation, during which they are not represented by the Union.


• Promotional probations shall be 6 months.


• Employees on initial probationary appointments who are terminated, shall not be entitled to grievance or appeal.

Regular Employee

Any employee who has completed probation, and is covered under the CBA

Displacement (Lay-Offs)

• Shall be made on a Dept.-wide class basis.


• Initiated by retention score; lowest retention score is displaced or laid off first.


• No regular employee or employee on initial probationary status shall be displaced by a non-regular employee.


• Retention score for displacement is based on class retention score


• Retention for layoffs is based on overall retention score.

Retention Scores

• Total retention scored as 1 point per month with a fraction of a point given for partial month.


• The following are authorized leaves of absence w/o pay & are creditable as service in computing retention scores:


- Educational


- Employment with Legislature


- Loan to other governments


- Research


- Industrial


- U.S. military service


- Temp service in a recognized employee organization.

Disciplinary Action

Employer must provide written notice of verbal or written reprimands, suspensions, and/or dismissals to the employee & Union w/in 10 business days after effective date of action.

Placement of Laid-Off Employees on Recall List

• Regular employee or employee on initial probationary.


• Ranked on list by retention score.


• Employees on recall list get priority over those on any other list.


• Selection of next highest on recall list shall be made upon refusal of previous employee.

Removal of Employee from Recall List

Employees may be removed due to:


1. No longer able to meet minimum qualifications.


2. Appointment to permanent position from appropriate recall list


3. Failure to respond w/o good cause to a written inquiry w/in 10 calendar days.


4. Voluntary withdrawal.


5. Refusal of 2 offers of employment


6. Failure to report for duty w/in time line, unless good cause is shown.


7. Convicted of criminal offense.

Grievance Procedure

• Employer must provide requested info w/in 7 working days


• Grievance must be presented to the appropriate supervisor w/in 20 working days of violation.


• Payroll grievances are made w/in 20 days of discovery by employee.

Informal Grievance Step

1. Whenever possible, employee & immediate supervisor should informally discuss grievances w/in 20 days. Employee shall identify this as the informal step.


• Immediate supervisor must respond to issues raised w/in 7 working days.


• Employee may or may not be assisted by Union rep.


• If no reply or unsatisfactory reply, move to Step 1.

Step 1 Grievance

• Letter submitted to Fire 1 w/in 7 working days of supervisor response.


• If no response from supervisor, submit letter of grievance to Fire 1 w/in 14 working days.


• If no informal discussion, or informal step, letter of grievance submitted to Fire 1 w/in 20 days to skip informal step.


• Meeting between grievant and Union rep with Fire 1 w/in 7 working days of of receiving written grievance.


• Fire 1 or designee will submit a written answer to grievance w/in 7 working days after meeting.

Step 2 of Grievance

• If not resolved at Step 1, Union may appeal grievance to employer in writing w/in 7 working days after receiving answer.


• Meeting to discuss grievance shall be held w/in 7 working days of after receipt of appeal.


• Employer or designer must respond to Union/grievant w/in 7 working days after meeting.


• Class grievances are handled the same way as individual.

Step 3: Arbitration

• If grievance is not resolved at Step 2, Union shall submit written notice of arbitration to Fire 1 w/in 10 working days after receipt of employer's decision.


• Agreement on arbitrator must be w/in 10 days after notice is submitted.


• Either party may request a list of 5 arbitrators from the Hawaii Labor Relations Board.


• Each party will delete one name from the list at a time.


• First party selected to choose is by lot.


• No grievance may be arbitrated unless it involves a violation of a specific term or provision of the agreement.


• If arbitrator finds that he/she has no power to act, the grievance is referred back to the parties involved.


• Otherwise, arbitrator will render a decision in writing w/in 30 calendar days from submittal of proofs.


• There is no appeal of arbitrator's decision.

Due Process

Whenever an employee is under investigation which could lead to disciplinary action, employee shall be so informed before investigatory interview begins.


• Employee is entitled to have a Union rep present during interview.


• If employee chooses not to have a rep present, the Union will still have the right to have rep present.


• Employees are not required or requested to take a polygraph.

Hours of Work

• Maximum hours worked for all fire fighting employees shall be scheduled/computed over a 9 week cycle, at 56 hours per week, at 24 twenty four hour shifts.


• Work Period: 9 consecutive day period during which employees are scheduled to work 72 hours.


• Platoon: 3 existing subdivisions of regular fire fighting employees.


• Scheduled Overtime: 4 scheduled work hours in excess of 68 hrs per work period.

Work Schedule

If the Employer wishes to change a work schedule, Fire 1 must notify the Union 30 days prior to anticipated change of schedule.


• Adjustments to individual work schedules may be made by Fire 1 as operational needs dictate.

Stand-By Duty

For each calendar day or portion thereof, for stand-by duty:


• 40 hour employees shall be paid an amount equal to 25% of the employees daily rate.


• 24 hr employees shall be paid 25% of the employee's 53 hour rate of pay times the number of hours on stand-by.

Travel Allowance

• An employee directed to work at another location besides his station, he will be paid for travel.


• If the employee uses his/her own car, he/she is entitled to mileage as well


• An employee traveling intrastate for official business shall be paid $80/day.


• An employee traveling interstate for official business shall be paid $130/day.

Temporary Change of Station Pay

• $50 per 24 hr shift, or partial work shift when an employee must pack up his/her personal bedding & belongings.


• $50 for up to 3 consecutive 24 hour work shifts & for every 3 additional consecutive work shifts, when the employee is given a temporary locker.


• If the employee is not furnished with a locker, rule 1 above applies.

Non-Credit of Temporary Station Pay

1. If employee requests temporary change of station.


2. Employee is already being paid overtime at the temp station.


3. Employee has been reassigned due to an work-related offense, & employees presence at the home station is proven to be detrimental.

Overtime Hourly Rate

All employees assigned to 24 hr shifts shall be paid at 1.5x


the 53 hour rate plus differentials.

Authorized LWOP

1. To pursue a course of instruction relating to work.


2. To engage in research relating to employee's work.


3. To render services at State Legislature.


4. To serve on loan by contract to another government.


5. To be on Sabbatical.


6. To be on military service.


7. To recuperate from an injury for which workers' comp payments are made.

Vacation Leave

• Employees on 24 hr shifts shall accrue at 10 days/year


• Employees on 40 hr work weeks shall accrue at 1&3/4 days per month.


• An employee shall not be allowed to take a vacation in excess of 90 working days in a calendar year.


• In the case of a 24 hr employee, a vacation shall not exceed 44 working days per year.


• If an employee is recalled while on vacation, that employee will be paid 1.5x the hourly rate during the portion of the vacation that is affected.


• The employee will also be credited with the vacation allowance for the unused portion of the vacation.

Safety Committee

• Composed of 2 representatives appointed by the Union, and 2 appointed by the employer.


• They will meet as needed at the request of either party.

Physicals

If an employee is disqualified from duty due to failing a physical, employee shall be notified by certified mail within 5 working days.