Common use of Working Out of Grade Clause in Contracts

Working Out of Grade. 14.1 An employee who is directed by the Chief, or an employee acting on behalf of the Chief, to perform the duties and assume the responsibilities and the authority of a higher grade than that which the employee normally holds for a minimum of three (3) hours shall be paid additional compensation at the rate then in effect for the higher position salary grade, and at the same step as the employee's regular grade. It is understood that any employee that begins the shift as an acting officer, will remain the acting officer until either the shift is over or until relieved by an officer. 14.2 Any firefighter who is asked to perform in the supervisory role on a scene as an “Acting Officer” of an engine company on a call by call basis (i.e. responding on a fire call as the senior firefighter while all officers and acting officers on-duty are tied up on other calls) shall be compensated for a minimum of one (1) hour (or additional hours if the emergency lasts longer) pay in the same manner as if they were acting officer. 14.3 If an officer’s (i.e. Captain or Assistant Chief) position is created due to a promotion, retirement, resignation, or any other means, or an existing officer will be absent from work due to any reason including, but not limited to, sickness, injury, or leave of absence, for any period greater than six (6) weeks, the Chief shall appoint an Acting Captain/Assistant Chief of that rank to fill the vacancy being created or known. In the case of a temporary absence, if a current promotional list exists for the position in question, the appointment shall be made from the top three candidates on that list. If no current promotional list exists, then the appointment shall be the senior most member from the next lowest rank. If a promotional list is established during the period that an Acting Captain/Chief position is being filled by a member who was selected by seniority, that member shall be replaced by one of the top three candidates on the promotional list. If a list expires and there is still an officer’s opening in accordance with 14.3 the Acting Captain/Chief who came from the expired list will be replaced thorough seniority. In all cases, any member has the right to refuse such appointment without penalty, in which case the next eligible member who meets the above requirements shall be offered the position. Additional compensation shall be at one full step higher than current salary at the equivalent rank in the grade being filled. (i.e. FFEMTP at step seven going to Captain ▇▇▇▇ goes to step 5).

Working Out of Grade. 14.1 An Section 1. Should a lower ranking employee who is directed by the Chief, or an employee acting on behalf of the Chief, be required to perform the duties and assume the responsibilities and the authority work in place of a higher ranking employee, for at least four (4) hours, the employee shall receive compensation at 90% of the full rate differential for the entire period of such classification so worked. Section 2. For the purpose of this Article, the word “senior” shall mean time in grade than that (rank). Section 3. Fire Fighter employees, when appointed pursuant to Section 1 of this article, shall be designated acting Lieutenant according to the senior fire fighter in the group, in company, in which the employee normally holds vacancy occurs. Section 4. The senior Lieutenant in the company will be the one with the most time in grade as Lieutenant in the Fire Department. An Acting Captain must act in grade for a minimum of three two (32) hours consecutive 12-hour tours of duty to receive payment under Section 1. Section 5. Captains as Acting Deputy shall be paid additional compensation at the rate then senior captain, in effect for the higher position salary grade, and at in the same step as group in which the employee's regular grade. It is understood that any employee that begins the shift as an acting officer, will remain the acting officer until either the shift is over or until relieved by an officervacancy occurs. 14.2 Any firefighter who Section 6. The Chief or the divisional Deputy Chief may bypass the senior employee if in his/her judgment such employee is asked deemed unqualified for temporary service in a higher rank. This decision may be appealed to perform the Chief. Section 7. The Deputy Chief selected to work as Acting Chief of the Department in the supervisory role on case of a scene vacancy as an “Acting Officer” of an engine company on a call determined by call basis (i.e. responding on a fire call as the senior firefighter while all officers and acting officers on-duty are tied up on other calls) shall be compensated for a minimum of one (1) hour (or additional hours if the emergency lasts longer) pay in the same manner as if they were acting officer. 14.3 If an officer’s (i.e. Captain or Assistant Chief) position is created due to a promotionCity Manager, caused by retirement, resignation, or any other means, or an existing officer will be absent from work due to any reason including, but not limited to, extended sickness, injuryinjury or death, or leave of absence, for any period greater than six (6) weeks, shall receive such pay and benefits as determined by the Chief shall appoint an Acting Captain/Assistant Chief of that rank to fill the vacancy being created or knownCity. In the case of a temporary short term absence, the Chief shall have the discretion to determine if his/her absence requires designation of an Acting Chief. If so, the Chief shall designate the Deputy Chief of his/her choice. If the Deputy Chief selected is not the Administrative Officer, he/she shall be compensated at a current promotional list exists rate of 18% above the rate of a Deputy Chief for the position entire period of time served as Acting Chief. Section 8. When more than one employee has the same time in questiongrade, the appointment shall be made from the top three candidates on that list. If no current promotional list exists, then the appointment senior employee shall be the senior most member from person with the next lowest rankhighest mark (examination score) when appointed or promoted. Section 9. If after using Section 8 a promotional list is established during tie still exists, the period that an Acting Captain/Chief position is being filled by a member who was selected by seniority, that member person with the most accumulated time in the Fire Department shall be replaced by one senior. Section 10. For the purposes of working out of grade, when there is a list available from Civil Service for any of the top three candidates ranks, this list shall supersede the above Sections relating to acting out of grade throughout all existing ranks and will require the resulting vacancies caused by “pyramiding” to be filled from established civil service lists. This will be only for permanent openings as defined under civil service law and rules. Section 11. Any Deputy Chief, Captain or Lieutenant who is assigned to a staff position, whether by choice or designation, and any Firefighter, provided he/she has completed a minimum of ten (10) years of service on the promotional listDepartment, who is assigned to a staff position, whether by choice or by designation, who because of said staff assignment is not otherwise eligible for working out of grade assignments, shall receive on an annual basis (but not monthly) two (2) tours of out of grade pay for each year of service. If a list expires and there Said payments to be made while the employee, including aides to the Chief, is still an officer’s opening in accordance with 14.3 the Acting Captain/Chief who came from the expired list will be replaced thorough seniority. In all cases, assigned to any member has the right to refuse such appointment without penalty, in which case the next eligible member who meets the above requirements shall be offered the staff position. Additional compensation shall be at one full step higher than current salary at the equivalent rank in the grade being filled. (i.e. FFEMTP at step seven going This section does not, however, apply to Captain ▇▇▇▇ goes employees on limited duty assignments to step 5)a staff position.