2023-2026
Labor-Management Agreement
by and between the

CITY OF CINCINNATI
and

CINCINNATI FIRE FIGHTERS UNION
LOCAL 48
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, AFL-CIO

EFFECTIVE December 10, 2023
EXPIRES December 5, 2026

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Table of Contents

Contents

ARTICLE 1 - CONTRACT SUPREMACY .......................................................................................................7
ARTICLE 2- RECOGNITION ........................................................................................................................7
ARTICLE 3- DEFINITIONS ..........................................................................................................................7
ARTICLE 4- WAGES, FRINGE BENEFITS AND WORKING CONDITIONS......................................................7
ARTICLE 5- MANAGEMENT RIGHTS .........................................................................................................8
ARTICLE 6- GRIEVANCE PROCEDURE / REVIEW PANEL............................................................................8
ARTICLE 7- UNION BUSINESS .................................................................................................................14
Section 7.3

Union Stewards. ..............................................................................................................16

Section 7.4

Union Officers. ................................................................................................................17

Section 7.5

Bulletin Boards. ...............................................................................................................17

Section 7.6

Teletype and Telephone..................................................................................................18

Section 7.9

IAFF Decals. .....................................................................................................................18

ARTICLE 8- SAFETY..................................................................................................................................19
Section 8.2

Sanitation, Maintenance and Upkeep.............................................................................19

Section 8.3

Safety Responsibility. ......................................................................................................20

Section 8.4

Access to Reports ........................................................................................................20

ARTICLE 9- ANNUAL STEP-UPS ...............................................................................................................21
ARTICLE 10- LUMP SUM TERMINAL LEAVE BENEFIT..............................................................................21
ARTICLE 11- OVERTIME AND COMPENSATORY TIME ............................................................................23
Section 11.2

Monetary Overtime and Compensatory Time for Official Off-time Duties. ...............24

Section 11.3

Use of Compensatory Time for Suppression Members. .............................................26

ARTICLE 12- RESIDENCY .........................................................................................................................28
ARTICLE 13- WORKING OUT OF CLASSIFICATION ..................................................................................28
ARTICLE 14- CITY SECURITY ....................................................................................................................28
ARTICLE 15- INTEGRITY OF AGREEMENT ...............................................................................................29
ARTICLE 16- FIRE FIGHTER HEALTH AND WELLNESS..............................................................................29
ARTICLE 17- CLOTHING AND EQUIPMENT .............................................................................................30
ARTICLE 18- TRANSFERS AND COMPANY DETAILS ................................................................................32

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Section 18.2

Transfers and Vacation / Holiday................................................................................34

Section 18.6

Company Details. ........................................................................................................35

ARTICLE 19- INJURY WITH PAY...............................................................................................................35
ARTICLE 20- SERVICE REQUIREMENT ALLOWANCE ...............................................................................38
ARTICLE 21- PERSONNEL SERVICE JACKET .............................................................................................38
Section 21.2

Inspection by Employee. ..............................................................................................40

ARTICLE 22- HOURS OF WORK ...............................................................................................................40
ARTICLE 23- LABOR-MANAGEMENT RELATIONS ...................................................................................42
ARTICLE 24- TRADING OF TOURS ...........................................................................................................43
ARTICLE 25- LONGEVITY PAY..................................................................................................................45
ARTICLE 26- CONTINUING EDUCATION .................................................................................................46
ARTICLE 27- UNION SECURITY ...............................................................................................................46
Section 27.2

Fair Share Fee..............................................................................................................47

ARTICLE 28- SICK LEAVE WITH PAY ........................................................................................................48
Section 28.9 Sick With Pay - Death (SWP-D)..........................................................................................52
Section 28.10 Sick With Pay- Reciprocity...............................................................................................52
Section 28.11 Sick With Pay Abuse. .......................................................................................................53
Section 28.13 Definition of health care provider...................................................................................54
ARTICLE 29- VACATION AND HOLIDAY LEAVE .......................................................................................55
Section 29.5

Vacation and Holiday Selection...................................................................................56

Section 29.6

Cancellation of Vacation or Holiday Leave (48-Hour Members). ...............................59

Section 29.7

Advanced Vacation......................................................................................................60

Section 29.8

Vacation Assignments Due to Demotions...................................................................61

Section 29.9

Holiday Leave. .............................................................................................................62

ARTICLE 30- PAY DIFFERENTIAL / CERTIFICATION PAY ..........................................................................64
Section 30.2 Certification Pay. ...............................................................................................................64
ARTICLE 31- DEATH BENEFITS AND TERMINAL PAY...............................................................................66
Section 31.2

Terminal Pay. ...............................................................................................................67

ARTICLE 32-GENERAL .............................................................................................................................67
Section 32.1

Morning Muster Uniform. ...........................................................................................67

Section 32.2

Liability. ........................................................................................................................67

Section 32.3

Discrimination. ............................................................................................................67

Section 32.4

Identification Cards. ....................................................................................................68

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Section 32.5

Private Automobile Mileage Allowance. .....................................................................68

Section 32.6

Credit Union and U.S. Savings Bond Deductions. ........................................................69

Section 32.7

Medical Insurance Benefits..........................................................................................69

For New Employees: ..............................................................................................................................69
Dental Plan .............................................................................................................................................71
Vision Plan ..............................................................................................................................................71
Section 32.8

Limited Duty. ...............................................................................................................72

Section 32.9

Notice of Outside Employment...................................................................................72

Section 32.10 Fire Department Badges. ................................................................................................72
Section 32.11 Jury Duty..........................................................................................................................73
Section 32.12 Tuition Reimbursement. ................................................................................................73
Section 32.13 Performance Enhancement Process. ..............................................................................75
Section 32.14 Disciplinary Procedure. ...................................................................................................76
Section 32.15 House Cleaning................................................................................................................76
ARTICLE 33- DRIVERS LICENSE ...............................................................................................................77
ARTICLE 34- ABOLISHMENT OF POSITIONS ...........................................................................................78
ARTICLE 35- TERM OF AGREEMENT .......................................................................................................79
ARTICLE 36- SPECIALIZED UNITS ............................................................................................................80
ARTICLE 37- DAILY STAFFING REQUIREMENTS ......................................................................................81
ARTICLE 38- PARAMEDIC TRAINING ......................................................................................................82
ARTICLE 39- OFF-DUTY DETAIL PROGRAM ............................................................................................85
ARTICLE 40- DIVERSITY GOALS ...............................................................................................................85
ARTICLE 41- DRUG FREE WORKPLACE COMMITMENT ..........................................................................86
ARTICLE 42- INTERNAL INVESTIGATION PROCEDURES ..........................................................................86
Section 42.2

Right to Representation. .............................................................................................86

Section 42.3

Disclosure. ...................................................................................................................87

Section 42.4

Supervisory Action. .....................................................................................................87

Section 42.5 Investigation Questioning. ................................................................................................88
Section 42.6

Legal Rights. ................................................................................................................89

Section 42.7

Conduct of Interview...................................................................................................89

Section 42.8

Record of Interviews. ..................................................................................................89

Section 42.9

Insubordination...........................................................................................................90

Section 42.10 Evidence of Admissibility. ...............................................................................................90

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Section 42.11 Written Reports..............................................................................................................90
Section 42.12 Access of Record. ...........................................................................................................90
Section 42.13 Investigation Status and Outcome. ................................................................................91
Section 42.14 Violation. .........................................................................................................................92
Section 42.15 External Investigation Procedures. .................................................................................92
APPENDIX A- WAGES..............................................................................................................................93
APPENDIX B- HEALTH CARE PLANS ........................................................................................................94
APPENDIX C- GRIEVANCE MEDIATION PROCEDURES ............................................................................99
APPENDIX D- CERTIFICATION AGREEMENT ....................................................................................... 102
APPENDIX E - EMPLOYEE ALCOHOL AND DRUG TESTING................................................................... 103
Section 2.

Testing Information...................................................................................................... 103

Section 3.

Prohibitions. ................................................................................................................. 103

Section 4.

Drug and Alcohol Testing Permitted. ........................................................................... 104

Section 5.

Order to Submit to Testing........................................................................................... 106

Section 7.

Drug Testing Standards (HHS Standards). .................................................................... 109

Section 8.

Disciplinary Action........................................................................................................ 112

Section 9.

Right of Appeal. ............................................................................................................ 114

Section 10.

Voluntary Request for Assistance. ............................................................................... 114

Section 11.

Treatment. ................................................................................................................... 115

Section 12.

Employee Assistance Program. .................................................................................... 115

Section 13.

Duty Assignment After Treatment. .............................................................................. 116

Section 14.

Union Held Harmless.................................................................................................... 116

Section 15.

Changes in Testing Procedures. ................................................................................... 116

Section 16.

Conflict With Other Laws. ............................................................................................ 116

Section 17.

Definitions. ................................................................................................................... 117

PAY RATES ........................................................................................................................................... 118
PAY RATES ........................................................................................................................................... 119
PAY RATES ........................................................................................................................................... 120

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LABOR-MANAGEMENT AGREEMENT
BY AND BETWEEN THE
CITY OF CINCINNATI
AND
CINCINNATI FIRE FIGHTERS UNION LOCAL 48
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, AFL-CIO

THIS AGREEMENT is made between the City of Cincinnati, hereinafter referred to as the
"City," and Cincinnati Fire Fighters Union Local 48, International Association of Fire Fighters, AFLCIO, hereinafter referred to as the "Union."
WITNESSETH:

MISSION STATEMENT
The Cincinnati Fire Department and the Cincinnati Fire Fighters Union Local 48 are
committed to providing the best quality service to the citizens of Cincinnati. We will provide
professional and safe response to fire, explosive, medical, and environmental emergencies. We are
dedicated to minimizing the loss of life and property through suppression, rescue, education,
enforcement, investigation, and other innovative programs.

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ARTICLE 1 - CONTRACT SUPREMACY
Unless otherwise provided herein, the terms and conditions of employment set forth in
this Agreement are subject to the laws of the United States, the State of Ohio, the City of
Cincinnati and all applicable Administrative Rules and Regulations, which have the effect of law.
In the case of conflict between the terms and conditions herein and otherwise applicable State
and local law or regulation, this Agreement shall prevail pursuant to Ohio Revised Code
§4117.10(A).
ARTICLE 2- RECOGNITION
The City of Cincinnati shall recognize Local 48, Cincinnati Fire Fighters Union, International
Association of Fire Fighters, AFL/CIO as the sole and exclusive bargaining agent for all members
of the Cincinnati Fire Department in all sworn ranks up to and including members of the rank of
District Chief in all matters pertaining to wages, hours of work, fringe benefits and working
conditions.
ARTICLE 3- DEFINITIONS
Member or employee shall mean a sworn employee of the Cincinnati Fire Department
who is represented by the union.
The male pronoun or adjective where used refers to female also, unless otherwise
indicated.
ARTICLE 4- WAGES, FRINGE BENEFITS AND WORKING CONDITIONS
Section 4.1

The wages, fringe benefits and working conditions for employees covered by this

Agreement shall be in accordance with the specific articles provided herein. Wage rates

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under this Agreement are as established for the appropriate classification in Division 2 of
Chapter 307 of the Cincinnati Municipal Code.
Section 4.2

Negotiated changes in wages paid to employees covered by this Agreement are

established in Appendix A, which is attached hereto and made a part hereof.
ARTICLE 5- MANAGEMENT RIGHTS
The Union recognizes that the employer expressly maintains all management rights set
forth in Ohio Revised Code §4117.08(C), 1-9. With respect to those management rights, the City
of Cincinnati shall have the clear right to make decisions in all areas, on a unilateral basis, and
such decisions, except as provided herein, shall not be subject to the grievance procedure.
The exercise by the City of Cincinnati of, its waiver of, or its failure to exercise its full right
of management on any matter or occasion shall not be precedent or binding on the City, nor the
subject or basis of any grievance. The City's right of management shall not be amended or limited
by any claim or unwritten custom, past practice or informal agreement.
Nothing in this article shall abrogate or alter the other articles of this agreement.
ARTICLE 6- GRIEVANCE PROCEDURE / REVIEW PANEL
A grievance is an allegation that a term or terms of this Agreement have been violated by
the City of Cincinnati, the Cincinnati Fire Department or their respective agents or officers. The
Union is the sole and exclusive bargaining agent for all members, and the City has expressed its
prior intent to refuse to recognize any grievance beyond Step 1 not previously reviewed,
approved and filed by the Union. The Union further agrees that it has a duty to represent fairly
all bargaining unit members during the administration and enforcement of this Agreement and
shall not act in an arbitrary, discriminatory or capricious manner or in bad faith.

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Disciplinary grievances involving suspensions (or equivalent loss of time) of more than 48
hours (or 40-hours for 40-hour members) without pay, demotion, discharge, or termination shall
advance automatically to Step 2 of the grievance procedure.
Local 48 may initiate a grievance as the grievant, in its own name, on behalf of the
membership, provided such grievance is filed in writing within the timeframes stipulated
contained in this article.
Step One:

Company Officer or Appropriate Supervisor Level
The grievance must be presented in writing to the Company Officer or appropriate

supervisor within fifteen (15) calendar days of the date on which the grievant became
aware of the incident causing the grievance. The Company Officer or appropriate
supervisor will attempt to adjust the grievance and must render his decision within fifteen
(15) calendar days of the date the grievance was presented to him. In the event a
Company Officer or appropriate supervisor has no authority to adjust the grievance, he
shall forward said grievance to the next level of command that does have the authority
to adjust the grievance. In the event that the grievance directly involves the member’s
Company Officer or appropriate supervisor, he shall forward said grievance to the next
level of command that does have the authority to adjust the grievance.
In the event the Company Officer or appropriate supervisor fails to adjust the
grievance to the satisfaction of the grievant, the grievance shall be presented at Step Two
within forty-five (45) calendar days from the date on which the grievant became aware of
the incident causing the grievance.
Procedure for grievances beyond Step One:
If the grievant is not satisfied with the adjustment, if any, in Step One, and wishes
to carry his grievance further, the following provisions shall be observed. The grievance
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shall be submitted on a Union Grievance Form, with a full statement of particulars, and
each succeeding step of the grievance procedure must be initiated within fifteen (15)
calendar days of receipt of the decision being appealed. When any grievance goes beyond
Step One, the Union and the City shall meet within fifteen (15) calendar days after the
grievance has been submitted, unless both parties agree that a meeting is not necessary.
Once the grievance has been submitted at the Step Two level, no additions or changes
may be made to the original statement of particulars as the grievance progresses through
additional steps of the grievance procedure.
A written decision shall be made by the higher level of supervisor at each step
within fifteen (15) calendar days of the meeting between the parties.
Step Two:

Fire Chief Level.
If the Union is not satisfied with the decision or adjustment at Step One, it shall

present the grievance on the Union Grievance Form to the Fire Chief or his designee. The
Fire Chief or his designee shall issue a written response within fifteen (15) calendar days
of the date the grievance was presented if there is no meeting between the parties, or, if
there is a meeting, within fifteen (15) calendar days thereafter.
Step Three:

Mediation Level.
If the Union is not satisfied with the decision or adjustment at Step Two, the Union

may, within fifteen (15) calendar days after receipt of the Step Two decision, submit the
grievance for grievance mediation in accordance with the procedures in Appendix C.

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However, parties may mutually agree not to mediate a particular grievance and advance
the grievance directly to Step 4 Arbitration Level. If either party requests grievance
mediation, the parties shall mediate the grievance in accordance with the procedures in
Appendix C.
Step Four:

Arbitration Level.
If the Union is not satisfied with the decision or adjustment at Step Two or Step

Three, whichever is applicable, it may submit the grievance to the Director of Human
Resources or his designee with notice that the grievance is being posted for arbitration,
and a copy of a "Request for Arbitration Panel" signed by the appropriate Union officials.
The Director of Human Resources or his designee may adjust the grievance in favor
of the Union or submit the matter to arbitration. If the Director of Human Resources or
his designee fails to adjust the grievance or sign the "Request for Arbitration Panel," the
"Request for Arbitration Panel" shall be filed by the Union, in writing, with the American
Arbitration Association ("AAA") or the Arbitration and Mediation Service (AMS) within
twenty (20) calendar days from the date the grievance was presented to the Director of
Human Resources or his designee, with a copy of said notice to the Director of Human
Resources or his designee. The AAA or AMS shall forward a list of nine (9) arbitrators to
the parties, and the selection and conduct of the arbitration shall be in accordance with
AAA or AMS rules.
The arbitrator shall have no authority to amend, modify, nullify, ignore, add to, or
subtract from the specific provision of this Agreement. He shall only consider and make a
decision with respect to the specific issue submitted to him by the parties, and shall

11

have no authority to make a decision on any other issue not so submitted. To the
extent that the arbitrator's decision is in accordance with the provisions of this
Section, it shall be final and binding on all parties. The cost of the arbitrator shall be
paid by the party whom the arbitrator rules against.
Grievances Not Filed Within Stated Time Limits: Any grievance not filed within the stated
limits
or grievances not pursued by the Union shall be deemed settled on the basis of the City's last
answer. Any grievance not taken up by Management within the stated time limits will be
moved to the next step. However, time limits may be extended by mutual agreement between
parties if exceptional or unusual circumstances or conditions exist.
Grievances Concerning Pay Step Denials: If a grievance on a pay step denial is granted, a gross
pay adjustment shall be made to the date the pay step should have gone into effect.
Lawsuits or Administrative Charges: A member filing a lawsuit or administrative charge
waives
his right to file a grievance or to seek arbitration on the matter in dispute.
Disciplinary Actions: Disciplinary actions that are appealable to the Civil Service Commission
may,
at the option of member, be appealed to either the Civil Service Commission or taken
through the above grievance and arbitration procedure, but not both. If the grievance
and arbitration procedure is selected, the grievance may be advanced directly to Step
Three or Step Four by mutual agreement of the parties. In the event that the member
elects to appeal to the Civil Service Commission, he or she shall have forty (40)
calendar days from the date the disciplinary action is served in which to convert the
appeal to the grievance arbitration process.
Legal Representation and Witnesses: The Union shall be permitted to have legal
12

representation at any level of the Grievance Procedure beyond Step Two.
The Union and/or grievant shall have the right to have witnesses at any level
of the grievance hearing or Review Panel. However, only one (1) on-duty witness shall
receive full pay and benefits for all on-duty time spent at the hearing.
Administrative Transfers under Article 18: shall be submitted to the Review Panel.
A list of members for the Review Panel shall be established. The list shall
consist of members of the Fire Department who are covered by this Labor
Management Agreement. They shall volunteer to serve for a period of one (1) year.
The city shall not be required to back-fill on overtime for the presence of a
member/grievant, witness, or panelist while they are in attendance at a Review Panel
hearing.
For each day that reviews are scheduled, three (3) panelists shall be selected
by lot by drawing names in the presence of the Fire Chief and the President of Local
48, or their designated representatives. Panelists shall only be permitted to review
transfer of bargaining unit members of their own rank. In the event that there are not
a sufficient number of panelists willing to serve at the effected members rank, the panel
shall be open to all other ranks. No member who is assigned to the same company or
who is related by blood or marriage to a member/grievant shall be eligible to serve on
that day’s panel. No member who signed off on the member’s transfer or who is
related by blood or marriage to any member who signed off on the transfer shall be
eligible to sit on that day’s Review Panel.

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All cases to be heard by a particular panel shall be identified prior to the
selection of the panel. The Panel shall hear all of the cases within fourteen (14)
calendar days after it’s selection and shall determine if there was justification for the
transfer. The Panel may affirm, reverse or reduce the disciplinary penalty and shall
issue its written decision within seven (7) calendar days. The decision of the Review
Panel shall be final and binding.
Eligibility to be a member of the Review Panel shall be limited to members with
at least three (3) years experience in the Fire Department. Panelists may not have any
sustained suspensions or demotions within the previous three (3) calendar years. Each
prospective panelist must undergo two (2) hours of mutually developed mandatory
training.
The member shall be entitled to a representative of his/her choice and to call
witnesses. The Review Panel shall be entitled to review all records relating to the
transfer.
All Review Panel members shall be free from coercion, intimidation,
discrimination, threats or other detrimental actions based on their activities on the
Review Panel.
The Review Panel Rules are outlined in the mutually agreed upon side letter.
Changes to the side letter may be made only with mutual agreement between the City
and the Union.
ARTICLE 7- UNION BUSINESS
Section 7.1

The City agrees to grant union leave time as personal with pay to Union

Officers,
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members of Union Committees, and Union Stewards for the purpose of conducting Union
business, attending conventions, educational seminars, conferences and other forms of
Union business. The maximum amount of time permitted for Union Leave in a calendar year
shall be 2000 hours. The usage of this leave time shall be in increments of no less than one (1)
hour. Hours used for the attendance by Union Officers at grievance and/or disciplinary
hearings, meetings of City sponsored committees, or other mutually beneficial functions shall
not be deducted from the 2000-hour annual time bank.
Section 7.2 The President of Local 48, by written notice to the Fire Chief, may elect to be
released from all Fire Department duties in order to facilitate items of mutual benefit as well
as day to day Union operations. The President of Local 48 shall continue to earn all wages and
benefits at his current assignment and position including any promotions. He shall be free to
conduct the affairs of Local 48 without being subject to the authority of the management of
the Fire Department or the City of Cincinnati, except as provided herein. In the event that the
President chooses not to be released from Fire Department duties, is incapacitated or is on
extended military leave, he may appoint a designee from the Executive Board. The designee
shall be entitled to and subject to the above guidelines. The designee shall serve for a minimum
period of 90 days or for the remaining portion of the President’s term, whichever is less.
The President, or his designee shall be required to adhere to the following minimal
requirements while conducting the affairs of the Union:
A. Response to emergency recall
B. Maintenance of uniform and required certifications (EMT, etc.)
C. Attendance at court
D. Reporting usual and customary changes for personnel records
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E. Adherence to department grooming standards while the President is in the usual and
customary in-service training.
F. Attendance at basic in-service training required for the President’s grade or rank. The
time of attendance shall be by mutual agreement.
G. Adherence to any required residency obligations
H. Maintenance of a valid Ohio driver’s license
I.

Adherence to basic laws and the standards of conduct set forth in this agreement

Members employed by the City of Cincinnati as of January 15th of the proceeding
calendar
year shall have deducted from their Vacation Accrual, on a proportional basis, the amount of
hours used for Union Business in the prior calendar year. If the president or his designee
chooses to be released from Fire Department duties, 2000 hours per year shall be deducted
on a proportional basis, from each member’s Vacation Accrual.
Section 7.3 Union Stewards.
The Union shall authorize Union Stewards, who will be selected by the Union.
In order to be eligible for benefits outlined in this article, the member must be on the
list of Union Stewards and / or committee members. The list of Stewards and Committee
members will be provided to the Fire Chief on April 1st of each year. The Fire Chief will be
notified of any additions or deletions to the list within 30 days of the change.
Union Stewards shall be permitted to leave quarters in order to investigate alleged violations
of this Agreement upon approval of the officer in charge of the District or, in case of 40 hour
Stewards, the officer in charge of their bureau, office or unit. Union Stewards shall be
permitted
16

to use the Fire Department phone in the performance of their duties as Union Stewards.
Section 7.4

Union Officers.

Sufficient time off shall be granted to the four (4) Principal Officers of the Union for
the purpose of attending and conducting regular and special meetings of the Union. All hours
associated with said work shall not be subject to the 2000-hour time bank identified in Section
1 of this Article. In addition, time off shall be granted to the four (4) principal officers of the
Union and any other members of the Union Negotiating Team, not to exceed three (3), during
the term of deliberation of the Union Negotiating Team. Time off for deliberations may not
begin prior to nine (9) months before the contract expiration date. The aforementioned
members of the negotiating team shall be granted up to five hundred (500) hours, in the
aggregate, in order to prepare for negotiations. All aforementioned time off shall be granted
with full pay and shall not be subject to the 2000-hour time bank identified in Section 1 of this
article. All notifications for time off for Union Business shall be made to the District Chief prior
to actual time being taken. These notifications shall be by email and must be followed by a
Form 25-S not later than the member's next tour.
Section 7.5

Bulletin Boards.

The City agrees to share space with the Union on a half and half basis on all new and
existing bulletin boards located in Firehouses. The Union shall exercise authority to police
their portion of all bulletin boards. The Union shall have the right to have installed, at their
expense, additional bulletin boards if they deem it necessary. Those bulletin boards shall be
used exclusively for Union business. The Fire Chief shall have final authority as to the size and
location of bulletin boards.
The bulletin boards shall not be used to post items that are derogatory in nature.
17

Department members not included in the Local shall not be permitted to post materials on
the bulletin board, nor shall they be permitted to deface any items posted by the Local.
Members of the Local shall respect and refrain from posting items on and / or defacing any
bulletin boards at any of the firehouses or bureaus. The Union shall promptly remove any
inappropriate materials from the bulletin board upon notice by the city.
Section 7.6

Teletype and Telephone.

Upon approval of the Fire Chief, the Union shall be permitted the use of the Fire
Department teletype and telephone to transmit to members of the Union items of
importance concerning Local 48.
Section 7.7

The Union shall have accessibility to and the right to make copies of all

current and future General Orders, Memorandums, Bulletins, Special Notices and
Procedures Manual.
Section 7.8

Electronic Mail.

The Executive Board shall have authority to communicate via electronic mail to
separate electronic mail lists, including but not limited to all Fire Department members, all
Local 48 members and all Uniformed Fire Personnel, provided such communications do not
unduly interfere with City work. Any member may elect, in writing, to be removed from the
Uniformed Fire Personnel list. Said electronic mail shall also be distributed to the Fire Chief
or his designee and is subject to further distribution by the Fire Chief or his designee.
Section 7.9

IAFF Decals.

The City shall permit Local 48 members to affix IAFF stickers on the member’s fire
helmet.

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ARTICLE 8- SAFETY
Section 8.1

Safety Committee.

The City recognizes the Safety Committee of the Union and agrees to respond in a
reasonable manner to recommendations or proposals of the Committee relating to a
member's personal safety and/or the environmental conditions of his quarters. Quarterly
Management and Union Safety Committee meetings for the purpose of apprising City
Administration of safety and working condition problems within the Fire Department shall be
held with attendees to include but not be limited to the Union Safety Committee and
representatives from the City Manager's office and the Fire Department. The Chairmanship
for these meetings shall rotate between the Union and the City. The Union Safety Committee
shall provide the City Manager's office and Fire Administration with a written agenda of items
to be discussed at the quarterly meetings not less than fourteen (14) days prior to said
meetings.
The City shall release from duty without reduction in pay, no greater than three (3)
members from any shift when the scheduled monthly Union Safety Committee meetings and
quarterly Union/Management Safety Committee meetings are held during on-duty hours.
Section 8.2

Sanitation, Maintenance and Upkeep.

The City agrees to supply and make available all material required in the day-to-day
maintenance and upkeep of all Firehouses. The City furthermore agrees to supply all items
necessary to maintain a satisfactory, sanitary condition of all quarters within all Firehouses.
The City also agrees that Fire Department facilities shall be treated for roaches and/or vermin.

19

Section 8.3

Safety Responsibility.

It is the responsibility of the City to provide and maintain safe working conditions,
tools, equipment and work methods for its employees. No member of the Union shall be
disciplined in any manner for initiating a complaint and/or grievance regarding safety and/or
the environmental conditions of his quarters. Members shall notify Fire Department
Administration through the chain of command prior to filing a complaint with the Union
Safety Committee. The City shall make every effort to implement recommendations that
come from joint quarterly Management and Union Safety Committee Meetings.
Section 8.4 Access to Reports
The Union Safety Committee shall be given a copy of all injury reports (91-S) City of
Cincinnati, Supervisor Investigation of Employee Injury, that are a result of on-duty injuries,
provided that the injured employee provides written permission to release the form 91-S to
the Union.
Section 8.5 Items of personal protective equipment to be provided by the City shall meet
specifications agreed upon by the City and the Union Safety Committee. Such items shall
include, but not be limited to, helmets, gloves, flashlights, turn out coats, pants, protective
hoods, ballistic vests, and boots. Radios and apparatus specifications are proper subjects of
discussion for the Safety Committee, subject to final selection by Management.
Section 8.6 The City agrees to provide each fire fighter with two (2) sets of personal protective
equipment (PPE) coat and pants.
Section 8.7 The City agrees to provide each fire fighter with one pair of leather fire fighting
boots and one pair of rubber fire fighting boots. The City agrees to maintain both pairs of
boots.
20

Section 8.8 The City agrees to provide each fire fighter with two (2) protective hoods and two
(2) pairs of firefighting gloves.
Section 8.9 The City agrees to provide each member with the appropriate individual SCBA
face piece, and HEPA Mask. The City also agrees to provide Fit Testing annually on all provided
masks.
Section 8.10 The City agrees to provide each member an individually fitted ballistic vest. The
City agrees to maintain the vest in accordance with the manufacturer’s recommendations.
Section 8.11 The City agrees to perform annual service and performance testing on items
such as aerial ladders, ground ladders, and fire apparatus pumps.
ARTICLE 9- ANNUAL STEP-UPS
A salary step-up in the classification of Fire Fighter, unless denied, shall become
effective on the first day of the anniversary pay period of the employee's date of hire or most
recent step- up.
Promoted personnel in the Fire Department shall be immediately advanced to the
highest pay rate available for the classification to which the member is promoted.
ARTICLE 10- LUMP SUM TERMINAL LEAVE BENEFIT
Upon retirement, a member may convert any amount of sick leave time to pay, at the
rate in effect for the classification and certification from which he is retiring, on an exchange
basis of two (2) hours of sick leave for one (1) hour of compensation. In no event shall a
member have the right to convert more than 1,540 hours of sick leave time to compensation.
No member shall be paid for more than 770 hours of converted accumulated sick leave.
Members working a 40 hour work schedule shall be permitted to convert 1,284 hours
of accumulated sick leave on the basis of two (2) hours of sick leave for one (1) hour of
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compensation at the 40 hour rate of pay in effect for the classification and certification from
which he is retiring.
Employees shall be permitted to cash in the maximum balance allowed for their length
of service listed in Article 29, Section 3, at the rate in effect for the classification and
certification from which the employee is retiring or being separated. Any accumulation above
these listed hours shall be forfeited upon separation for any reason.
All members who work a 48 hour work schedule shall be permitted to cash in a
maximum of 360 hours of Holiday repay time at the rate of pay for the classification and
certification from which he is retiring or being laid off. Members who work a 40 hour work
schedule shall be permitted to cash in a maximum of 300 hours of Holiday repay time at the
rate of pay for the classification and certification from which he is retiring or being laid off.
Upon retirement or lay-off, members shall be permitted to cash in any compensatory
time accumulated at the 40 hour rate of pay in effect for the classification and certification
from which he is retiring or being laid off.
This Article shall apply to members retiring on length of service retirement, disability
retirement or deferred retirement. Sick with Pay Retirement benefits shall not apply to
deferred retirements unless the retiree has at least 25 years of service, which shall include
military time purchased and/or prior city service time purchased.
All sworn employees of the Cincinnati Fire Department who elect to retire may choose
to voluntarily cease active duty employment and remain on the payroll until they have used
all of their accumulated leave time (vacation, holiday, compensatory time). If this option is
chosen, their position shall immediately become vacant and, if applicable, shall immediately
be filled through the existing promotional process.
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The member shall continue to be eligible for medical, dental and vision insurance
coverage as outlined in this agreement. The City and member shall continue to contribute
their portion to the Ohio Police and Fireman’s Disability and Pension Fund. The member shall
not continue to accrue vacation, sick leave, holiday, compensatory time, working out of rank,
SRA allowances, training or Certification Pay. The member shall still be eligible to convert his
sick leave time to pay in accordance with this article.
Members utilizing this option shall not be counted in the daily vacation, holiday and
compensatory time leave caps as outlined in Article 29 of this agreement.

ARTICLE 11- OVERTIME AND COMPENSATORY TIME
Section 11.1 Overtime.
A. In the event that a need for overtime should occur in the Fire Department because of
emergency, sickness or other unforeseen conditions, overtime or compensatory time
shall be paid in accordance with Section 2 (C) of this Article. Overtime shall be paid at
a rate of one and one-half (1½) times the forty (40) hour rate of pay, and
compensatory time shall be paid at the rate of one and one-half (1½) hours per hour
worked. Any overtime worked shall require the payment of one (1) hour overtime pay
or one and one- half (1½) hour of compensatory time. Any overtime worked beyond
one (1) hour shall be paid at one and one-half (1½) times the forty (40) hour rate of
pay or in compensatory time at the rate of one and one- half (1½) hours per hour
worked. Cleanup time spent in preparation of going off duty shall be considered
overtime if occurring after normal shift change.
A member shall have the option of staying in the firehouse and receiving one
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(1) hour pay at the overtime rate or, if less than one (1) hour, leaving upon completion
of his duties and cleanup and receiving pay at the overtime rate for the time spent
past his normal shift change. This overtime pay will be broken into six (6) minute
increments for purposes of payroll and will be paid to the next highest increment.
Upon completion of an investigation which results in an exposure to contaminants,
and ECU Investigator or Fire Investigator shall be entitled to one (1) hour pay at the
appropriate applicable rate of pay in order to cleanup at a firehouse prior to
completion of his/her duties.
B. A member shall not be entitled to overtime compensation if the claim for overtime
compensation results from the member's unnecessary delay or neglect.
C. The City shall make every effort to make overtime payments not later than the pay
period following the pay period during which the overtime compensation is earned.
Section 11.2 Monetary Overtime and Compensatory Time for Official Off-time Duties.
A. All members of the Cincinnati Fire Department shall receive monetary overtime or
compensatory time for official duties performed on their scheduled off- time, vacation
or holidays when they:
i.

Are required to appear in Court arising from their duties.

ii.

Are required to be a witness at any disciplinary hearing or any investigation.

iii.

Are a defendant to any disciplinary hearing or investigation in which the
charges are dropped by the City of Cincinnati or the Cincinnati Fire Department
or which charges are ultimately disproved.

iv.
v.

Are required to attend any Fire Department meeting, seminar or training
session.
Are required to give demonstrations, lectures or attend meetings concerning the
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activities or personnel of the Cincinnati Fire Department.
vi.

Are required to take specialized training to maintain required certifications or
qualifications.

vii.

Are required to perform fire prevention, Fire Investigation (excluding the on call
Fire Investigator), Environmental Crimes Unit Investigation, or fire protection
services that are required by the Fire Chief.

viii.

Are required to staff fire suppression, rescue or paramedic apparatus due to recall
of any nature.

ix.

Are required to be a witness or attend a grievance hearing.

x.

Attendance at any Special Events training held off duty.

B. Monetary Overtime or Compensatory Time as applied to Section 2 (A) of this Article shall
be a minimum of four (4) hours which shall result in six (6) hours time off or six (6) hours
straight time pay at the member's 40 hour rate of pay.
C. The city shall have the prerogative of paying a member in compensatory time or monetary
overtime pay when more than twelve (12) hours of overtime are worked per occurrence.
When twelve (12) hours or less of overtime are worked per occurrence, the member may
elect to receive either monetary overtime pay or compensatory time. All overtime worked
in connection with reimbursable events or reimbursable training shall be compensated in
monetary overtime rather than compensatory time.
D. Upon promotion, members of the Fire Department shall elect to be paid for any
compensatory time balance at their rate of pay in effect prior to being promoted or have
their compensatory time balance adjusted. The adjusted balance shall be equal to the old

25

balance in value, and the hours shall be prorated so that the old balance times the rate of
pay previous to the promotion is equal to the new balance times the new rate of pay.
Upon voluntary or disciplinary demotion, a member’s compensatory time balance shall
not change.
E. Except as provided in Section 2 (A) (v), members required to attend Community Problem
Oriented Policing (CPOP), Cincinnati Neighborhood Action Strategy (CNAS) or Community
Council meetings shall receive overtime pay for the length of time required to attend the
meeting, plus one-half (½) hour for travel time.
Section 11.3 Use of Compensatory Time for Suppression Members.
The only criteria for denial of a member’s request for use of Compensatory Time shall be
the following:
A. To use compensatory time, members shall request said time from the District Chief no
greater than 0600 hours, twenty-one (21) days in advance and no less than seventy-two
(72) hours prior to the beginning of the tour of duty of the requested leave. The basis for
this pick shall be first request
B. Compensatory Time may be used in six (6) hour increments up to twenty-four (24) hours.
Members may request time slots in one (1) single time slot or those of a consecutive time
period as follows:
a. 0700 – 1300 hrs.
b. 1300 – 1900 hrs.
c. 1900–- 0700 hrs.
C. No requests for the use of compensatory time may be made for Martin Luther King Day,
New Year’s Eve Day, New Year's Day, President's Day, Memorial Day, Independence Day,
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Labor Day, Veteran's Day, Thanksgiving Day, Christmas Eve Day and Christmas Day and/or
city-sponsored special events of Riverfest, Tall Stacks, Taste of Cincinnati, Oktoberfest, and
one (1) other city- sponsored special event. No requests for compensatory time shall be
granted if it would cause the maximum set forth in Article 29, Section 29.5(H) to be
exceeded. No requests for compensatory time may be made during emergency situations.
During holiday, special events and emergency situations, the granting of compensatory
time would create an unduly disruptive burden on the Fire Department. Such time off
would greatly impact on the ability of the Fire Department to provide emergency service
to the public.
Section 11.4 Upon reaching one hundred (100) hours, for 40 hour per week members, or one
hundred twenty (120) hours, for 48 hour per week members, accumulation of compensatory
time, a period of six (6) months shall be given for a member to use any additional accrued
compensatory time above the 100/120 hour ceiling. If the member cannot be given the time off
in the six (6) month period, the City shall pay the member at the 40 hour rate of pay for the time
accrued above the 100/120 hour ceiling that he has accumulated but was unable to take off. SWP
or IWP time shall not be counted in determining a six (6) month period.
Section 11.5 In lieu of Gray Days, all members of the Cincinnati Fire Department employed on a
40 hour work schedule, except those members assigned to a Limited Duty position, shall be
granted forty (40) hours Compensatory Time per calendar year.
Section 11.6 The City and the Union will meet during the term of this agreement to attempt to
mutually develop an overtime policy defining how overtime is assigned.

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ARTICLE 12- RESIDENCY
All members of the Cincinnati Fire Department shall reside within Hamilton County (Ohio),
or within any county that is adjacent to Hamilton County (Ohio) that is in or outside the State of
Ohio, or within a 35-miles radius of 430 Central Avenue that is in or outside the State of Ohio.
ARTICLE 13- WORKING OUT OF CLASSIFICATION
Any sworn member of the Cincinnati Fire Department who is required to accept the
responsibilities and carry out the duties of a position or rank above that which he normally holds,
up to and including District Chief, shall be paid at the rate of pay for that position or rank while
so acting.
Fire Fighters working out of classification in a Captain's position shall receive Lieutenant's
pay. Fire Lieutenants working out of classification in a Captain's position shall not receive Out of
Classification pay. All out of classification assignments shall be made by the District Chief and
shall be based on the Immediate Supervisor's recommendation.
ARTICLE 14- CITY SECURITY
It is understood that the services performed by the Fire Department are essential to the
public health and welfare; therefore, the Union agrees that during the life of this Agreement, it
will not cause, encourage, participate in or support any strike or picketing against the City or any
slowdown or other interruption of, or interference with, the normal functions of City services.
The City agrees to do nothing to intentionally interrupt or prevent the continuity of services in
the Fire Department insofar as such service is required in the normal and usual operation of the
City.

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If this Article shall later be declared invalid, unlawful, or unenforceable by reason of any
existing or subsequently enacted state legislation, the City and Local 48 agree to meet within
thirty days of the invalidation for the purpose of negotiating this Article.
ARTICLE 15- INTEGRITY OF AGREEMENT
This Agreement represents complete collective bargaining and full agreement by the
parties with respect to rates of pay, wages, hours of employment or other conditions of
employment which shall prevail during the term hereof and any matters or subjects not herein
covered have been satisfactorily adjusted, compromised or waived by the parties for the life of
this Agreement. During the term of this Agreement, neither the City nor the Union shall be
required to negotiate on any other subjects set forth in this Agreement unless mutually agreed
by both parties.
Should any provision of this Agreement be found to be inoperative, void or invalid by a
court of competent jurisdiction, the Union and the City shall immediately meet and renegotiate
the provision. All other provisions of this Agreement shall remain in full force and effect for the
duration of this Agreement.
ARTICLE 16- FIRE FIGHTER HEALTH AND WELLNESS
Section 16.1 Members shall not be required to take physicals or other non-duty related medical
evaluations at Employee Health Service.
Section 16.2 The City of Cincinnati and Local 48 agree to conduct a joint Health and Wellness
Program, in accordance with the attached Letter of Agreement, to include but not be limited to
a physical, a complete medical evaluation, a recommended exercise program, and subsequent
comprehensive medical, fitness and behavioral program.
For the purpose of the Fair Labor Standards Act, activities conducted as part of the Health
29

and Wellness Program shall not be considered an extension of fire fighting duties for which
compensation is required.
The results of the Health and Wellness Program shall be periodically reviewed by the LMC
to determine future feasibility, expansion or implementation.
Section 16.3 Any study or report regarding the health of fire fighters utilizing information
gathered by Employee Health Service shall be submitted to Local 48 and the Safety
Administration ninety (90) days prior to publication or release. Further, any such study or report
shall conform to all Federal, State and Local laws and regulations related to patient’s
confidentiality.
ARTICLE 17- CLOTHING AND EQUIPMENT
Section 17.1 All sworn members of the Cincinnati Fire Department shall receive from the City,
without cost, their first official uniforms and equipment, including but not limited to recruit
uniforms, dress uniforms, four (4) sets of fatigue uniforms, articles of PPE, one (1) reflective rain
coat and one (1) fatigue jacket with liner. Upon leaving the Cincinnati Fire Department,
personal official equipment, except as provided below, shall be returned to the Cincinnati Fire
Department. Members leaving the Fire Department due to disability or length of service
retirement shall be given a retiree ID card, their badge and helmet at no cost to them. Those
assigned a service weapon at that time shall have the option to purchase said weapon for one
dollar ($1.00).
Section 17.2 Any and all items of apparel or equipment that are required for any sworn
member of the Cincinnati Fire Department in the performance of duty shall be provided, free of
charge, by the City. A standing joint Management and Union Uniform Committee shall be

30

formed and consist of equal representation from the Union and Fire Administration, in addition
to the Fire Chief, who shall be the Chairman. The joint Uniform Committee shall meet on a
quarterly basis to determine the uniform requirements throughout the life of the Agreement.
The joint Uniform Committee shall determine the standard and elective issue of clothing and
develop an elective uniform item selection process. Members should collect elective issue
items from the supplier on off-duty time. The City shall make every effort to implement
recommendations that come from joint quarterly Management and Union Uniform Committee
Meetings.
Section 17.3 Members working on the tour system, and others approved by the Fire Chief,
shall be permitted to wear approved t-shirts or polo shirts as an optional uniform shirt. District
Chiefs shall be permitted to wear polo shirts anytime during their shift or T-Shirts anytime
during their shift or T-shirts after 1700 hours.
Section 17.4 If the City discontinues the quartermaster system, the City shall provide to sworn
members of the Cincinnati Fire Department clothing allowance installment payments of
$300.00 on or before the next April 1 or October 1, and on or before each April 1 and October 1
thereafter, until the expiration of this Agreement. Such a change to the clothing allowance is
contingent upon vendor obligations of the City.
Section 17.5 All members shall be in the quartermaster system. The Chief shall choose
between Class A, Class B, fatigues or civilian clothing for all 40-hour members. When the Fire
Chief determines it is necessary for the employee to wear civilian clothing at least one day
during the six-month periods designated below, the employee will receive a clothing allowance
of $300.00 for the applicable period(s) on or before April 1 and October 1. Members required

31

to wear class B uniforms shall be provided clothing through the quartermaster system.
Section 17.6 Whenever the uniform or official equipment is damaged in the performance of
the employee’s duties it shall be replaced at no cost. Whenever civilian clothing, when the
assigned duties require the wearing thereof, or personal equipment is damaged or stolen
during the performance of an employee’s duties, the employee shall be reimbursed to the
extent of the loss suffered in any sum not to exceed two hundred fifty dollars $250.00 per
occurrence.
ARTICLE 18- TRANSFERS AND COMPANY DETAILS
Section 18.1 Transfers.
A. Members at the rank of Fire Fighter PR and below shall not hold a permanent position.
Members at the rank of Fire Fighter PR and below shall be assigned by the Fire Chief or
his designee. Members at the rank of Fire Fighter PR shall be permitted to file transfer
requests no sooner than thirty (30) days prior to their anticipated pay step up to Fire
Fighter 1. Members at the rank of Fire Fighter PR and below shall not be considered for
transfer to a permanent assignment prior to receiving a step up to Fire Fighter 1. Said
transfers shall be in accordance with all other provisions of this Article.
B. Engine, Ladder and ARFF Companies: When a transfer of a member to an Engine, Ladder
or ARFF Company position is to be accomplished and when such is consistent with the
effective and efficient operation of the Fire Department, the transfer to the position to be
filled will be made from those personnel who requested it in writing. Such transfer shall
be based upon seniority in grade.

32

C. Specialized Companies: When a transfer of a member to Engine 14, Heavy Rescue 14 o r
Heavy Rescue 9 is to be accomplished and when such is consistent with the effective and
efficient operation of the Fire Department, the transfer to the position to be filled will be made
from those personnel who requested it in writing. Such transfer shall be based upon seniority
in grade and certification or certification agreement (Appendix D), except that transfer to
Engine 14 and the Bomb Squad shall be based upon certifications required of the specialized
unit and at the Fire Chief’s discretion. Seniority shall be used as a tie-breaking factor of
members with similar qualifications and competency.
D. EMS Field Coordinators including, but not limited to, ALS 34: When a transfer of a member
to an EMS Field Coordinator position is to be accomplished and when such is consistent with
the effective and efficient operation of the Fire Department, the transfer to the position to
be filled will be made from those personnel who requested it in writing and who also hold a
State of Ohio paramedic certification. Such transfer shall be based upon seniority in grade.
E. Other 48 Hour Positions including, but not limited to, Suppression District Chiefs:
Notwithstanding the above, when the transfer of a member to any position that is to be
assigned in the 48 hour work schedule, as set forth in Article 22, Section 22.2, is to be
accomplished and when such is consistent with the effective and efficient operation of the
Fire Department, the transfer to the position to be filled will be made from those personnel
who requested it in writing. Such transfer shall be based upon seniority in grade.
F. 40 Hour Positions: When a transfer of a member to a 40 hour position is to be
accomplished and when such is consistent with the effective and efficient operation of the
Fire Department, the transfer to the position to be filled will be made from those personnel
who requested it in writing. Such transfer shall be based upon qualifications for the position.
33

The City shall post the list of qualifications for each position prior to the position being filled.
G. Transfer Incentive: Members who agree to transfer to a firehouse which would, in the
opinion of the Fire Chief, increase racial diversity at that house will be entitled to sell back
up to four (4) holidays per year, in addition to that provided in Article 29, for each full year
that they remain in such transfer assignment. Payment will be made on an hour for hour
basis at the rate of pay in effect for the member. Members must make notification of their
intent to sell holiday repay time back to the City by November 15 of each year and
payment will be made the following January. A member shall be eligible for transfer
incentive for a maximum of three (3) years.
Section 18.2 Transfers and Vacation / Holiday.
Members transferring or changing units shall retain their previously selected Vacation or
Holiday assignments.
Section 18.3 Members of the Fire Department shall be permitted to have on file, no more than
five (5) transfer requests at any given time. A notice of receipt by the Human Resources Division
shall be sent to any member requesting transfer. Transfer requests shall be on file or rescinded in
writing no less than ten (10) days (240 hours) prior to the effective date and time of transfer.
Transfer requests by members who have been involuntarily transferred shall remain on file until
rescinded in writing. Transfer lists shall be generated every 3 weeks and shall become effective
every Unit 1 Sunday.
Section 18.4 Upon written notification to the Fire Chief's office of a member’s intended
separation, the vacancy shall be published to the members in a timely manner.

34

Section 18.5 No member shall be administratively transferred for disciplinary reasons.
Administrative transfers deemed necessary by the Fire Chief shall be approved in advance by the
member’s immediate supervisor, the member’s District Chief (if applicable), and the Human
Resources Division Assistant Chief. Administrative transfers may be appealed by the member to
the Review Panel as provided in Article 6. The Fire Chief may also administratively transfer
members when there is concern for the safety of a member, or when needed to diffuse or
separate members for the safe and efficient management of the department. Members who are
administratively transferred may not return to the assignment that they are transferred from for
a period of two years.
Section 18.6 Company Details.
Members of the Cincinnati Fire Department who are detailed from one company to
another must report to the new company at 0700 hours, provided the member has received 48
hours prior notice.
Section 18.7 Transfer exchanges for forty-eight (48) hour Operations Bureau personnel shall be
permitted on a basis of seniority and transfers on file.
Section 18.8 After twenty (20) years of service to the Cincinnati Fire Department, members shall
no longer be required to be detailed to a Medic Unit. Members may still voluntarily take details to
a Medic Unit.
ARTICLE 19- INJURY WITH PAY
Section 19.1 A member disabled in the performance of his duty, including disabilities resulting
from contagious diseases, shall, upon recommendation of the Employee Health Physician, be
entitled to his salary in full for the period of disability not to exceed one (1) year. This period may
be extended by the City Manager for up to one (1) additional year if the member is a bed patient
35

in the hospital or has a realistic prognosis of returning to duty during the second year. The
member may submit for consideration medical records from member's personal/treating
physician regarding IWP, and the Employee Health Physician shall include and consider these
recommendations in IWP determination.
Section 19.2 If the Employee Health Physician and the member's treating physician are in
disagreement regarding a duty related injury determination, the City and the member will
mutually select a third physician to resolve the disagreement as to whether the member's injury
is work related. The cost of such evaluation and/or examination by the mutually agreed upon
third physician shall be borne equally by the City and the member on a pre- paid basis. The
decision of the third physician shall be final and binding upon the City, the Union and the
member. Upon submission of a reoccurrence of an injury by a member, the city shall not deny
IWP benefits solely on the basis of the denial of the original injury by EHS. Pending a final
determination, the affected member may use SWP or, if SWP is exhausted, holiday, vacation or
compensatory time.
The third physician procedure shall not apply to occupational disease claims not related
to a specific on duty incident or the member's ability to return to work on limited or unrestricted
duty.
Section 19.3 A member disabled due to a presumptive occupational cancer diagnosis, a
presumptive cardiovascular disease diagnosis, or a presumptive pulmonary disease diagnosis, as
defined by the Ohio Revised Code, shall be entitled to their salary in full for the period of disability
not to exceed one (1) year. This period may be extended by the City Manager for up to one (1)
additional year if the member is a bed patient or has a realistic prognosis of returning to duty

36

during the second year. IWP benefits in this section may be denied to a member, or recouped
from a member, who is ultimately denied Workers Compensation benefits pursuant to Section
4123.68 of the Ohio Revised Code.
Section 19.4 No time shall be deducted from a member's sick leave balance while he is on injury
with pay. Members shall accumulate vacation and holiday credits while on injury with pay and
shall be entitled credit toward Longevity and Service Requirement Allowance and Clothing
Allowance.
Section 19.5 If the disability for which the member was placed on injury with pay results in
retirement, the member shall be permitted to cash in, at the rate of two (2) hours of sick leave
for one (1) hour of pay, that sick leave balance carried by the member at the effective date of
separation from the Fire Department as recommended by the Employee Health Physician at the
rate of pay in effect for the classification from which the member is retiring. In no case shall the
member be permitted to cash in any more than 1,540 or 1,284 hours according to the member's
work schedule. This clause shall not restrict the right of a member to use his sick leave on a day
for day basis until it is exhausted.
Section 19.6 Members of the Fire Department on injury with pay shall not accumulate sick leave
time.
Section 19.7 Members who are injured on duty and are treated by the Employee Health Physician
or in a hospital emergency room shall be sent home that day. However, if it is the opinion of EHS
that a member evaluated for a minor injury or possible exposure may return to full duty and the
effected member concurs, the member shall return to work immediately.

37

ARTICLE 20- SERVICE REQUIREMENT ALLOWANCE
Section 20.1 Except as provided below, all members shall be entitled to compensation for any
uniform item not provided by the quartermaster system, maintenance of uniforms, and use of
personal items for authorized Fire Department duties, other incidentals, and occasional usage of
personal automobiles by fire suppression members. The Service Requirement Allowance shall
equal one and one-half percent (1.5%) of the base salary of the rank of Fire Fighter 4.
Section 20.2 In case of death, retirement, dismissal, layoff or resignation, the employee shall be
paid for the number of months worked on a pro-rata basis. Newly hired (FF-R) and rehired
members shall be paid for the number of months worked on a pro-rata basis.
Section 20.3 Payments shall be made annually on or before December 1.
ARTICLE 21- PERSONNEL SERVICE JACKET
Section 21.1 Removal.
A. Written Reprimands and Lesser Discipline: Upon written request from an employee
Who has had no disciplinary actions within the last twelve (12) months, all disciplinary action
less than a written reprimand shall be removed from the company diary, the District Chief’s
records and the employee’s personnel jacket. Upon written request from an employee who
has had no disciplinary actions within the last two (2) years, all previous written reprimands
shall be removed from the company diary, the District Chief’s records and the employee’s
personnel jacket. Records noted in this section shall not be considered in any future
disciplinary action, provided that no subsequent disciplinary actions have occurred during the
applicable period. These disciplines shall be stored in a separate file in accordance with Public
Records Law.

38

B. Single Tour Suspensions or Equivalent Loss of Vacation or Holiday Time: Upon written
request from a 48- hour employee who has had no disciplinary actions within the prior three
(3) years, all records of single tour suspensions and lesser disciplines shall be removed from
the company diary, the District Chief’s records and the employee’s personnel jacket. Upon
written request from a 40-hour employee who has had no disciplinary actions within the prior
three (3) years, all previous disciplinary actions which are equivalent to a single tour
suspension plus all lesser disciplines shall be removed from the company diary, the District
Chief’s records and the employee’s personnel jacket. Records noted in this section shall not
be considered after three (3) years, in any future disciplinary action, provided that no
subsequent disciplinary actions have occurred during that period. These disciplines shall be
stored in a separate file in accordance with Public Records Law.
C. Multi-tour Suspensions or Equivalent Loss of Vacation or Holiday Time: Upon written
request from a 48- hour employee who has had no disciplinary actions within the prior six (6)
years, all records of multi-tour suspensions and lesser disciplines shall be removed from the
company diary, the District Chief’s records and the employee’s personnel jacket. Upon written
request from a 40-hour employee who has had no disciplinary actions within the prior six (6)
years, all previous disciplinary actions which are equivalent to a multi-tour suspension plus all
lesser disciplines shall be removed from the company diary, the District Chief’s records and
the employee’s personnel jacket. Records noted in this section shall not be considered after
six (6) years, in any future disciplinary action, provided that no subsequent disciplinary actions
have occurred during that period. These disciplines shall be stored in a separate file in
accordance with Public Records Law.

39

D. Disciplinary Action Involving Serious Vehicular and/or Criminal Offenses: Upon
written request from an employee who has had no disciplinary actions within the prior six (6)
years, all records of disciplinary action involving serious vehicular and/or criminal offenses
and lesser disciplines shall be removed from the company diary, the District Chief’s records
and the employee’s personnel jacket. Records noted in this section will not be considered
after six (6) years, in any future disciplinary action, provided that no subsequent disciplinary
actions have occurred during that period. These disciplines shall be stored in a separate file
in accordance with Public Records Law.
E. Unsubstantiated Charges: Any charge or entries that are concluded to be unfounded,
not substantiated or not sustained shall be removed and not entered in the employee’s
service jacket. These disciplines shall be stored in a separate file in accordance with Public
Records Law.
Section 21.2 Inspection by Employee.
An employee shall be permitted to inspect and examine all copies, original included, of
his service jacket once per calendar year. Employees may inspect their own service jacket upon
written request to the Fire Department Human Resources Assistant Chief or their designee.
Section 21.3 No new form of disciplinary action will be created during the life o f this
agreement without prior agreement of the union.

ARTICLE 22- HOURS OF WORK
Section 22.1 The work week for all sworn employees assigned to a 40 hour work schedule shall be
four (4) days a week, ten (10) hours a day.
Any employee who is assigned to "on-call" status shall be furnished a city vehicle to carry
40

out his duties, or compensated for the use of his private automobile at the same rates provided
for in Article 32, Section 5 for use of their private automobiles while on city business.
An employee while in the on-call status shall be granted compensatory time at the rate of
one (1) hour compensatory time for each three (3) hours or portion thereof spent in the on-call
status. Members called to duty while on call will receive pay for time worked at their regular hourly
rate through the first eighty-six (86) hours in paid status during a pay period and at the overtime
rate for hours worked thereafter.
Section 22.2 The work week for all employees assigned to a 48 hour work schedule shall be a 24
hour tour of duty followed by 48 hours of continuous time off, and shall be granted every seventh
working tour off so that after an employee's sixth tour of duty, he shall be granted 120 hours of
continuous time off.
Exceptions:
A. Members assigned to Limited Duty from an on-duty injury shall be assigned to a work
schedule of four (4) days a week, ten (10) hours a day. Members assigned to Limited Duty
from an off-duty injury or illness shall be assigned to a schedule of five
(5) days a week, eight (8) hours a day.
B. In order to facilitate normal Fire Department operations, the workweek for a member may
be altered due to transfer, Unit change or Kelly Day change. Said members shall work six (6)
tours in the 21-day FLSA cycle in which the transfer, Unit change or Kelly Day change occurs.
C. By mutual agreement of the member and the Fire Chief or his designee, the normal schedule
may be altered temporarily to accommodate a special circumstance or assignment.
Section 22.3 In the event of an emergency, the City retains full authority to adjust the workday,
workweek, or vacation / holiday schedule as it deems necessary for an adequate response to the
41

emergency condition.

ARTICLE 23- LABOR-MANAGEMENT RELATIONS
Section 23.1 In the interest of furthering harmonious relations, the Executive Board of Local 48
and the Fire Department Administration shall meet no less than quarterly during the year. These
meetings shall be for the purpose of discussion of issues relating to the Fire Department and its
relationship with the Union. Either side shall notify the other at least fourteen (14) days in
advance of the date of the meeting and exchange an agenda of the items that side intends to
discuss.
Section 23.2 The Fire Department shall notify the Union of any new issue of, revision or
amendment to Fire Department rules, regulations, memorandums, General Orders or
Procedures Manual changes that would affect any Article of the Labor-Management Agreement.
Upon written request of the Union, the Fire Department and the Union shall meet and confer
concerning such proposals prior to implementation. The Union shall make such written request
within fourteen (14) calendar days of said notification. Upon Fire Department compliance with
this provision, nothing shall restrict the right of the Fire Department to implement such changes
so long as they do not violate any provision of this Agreement. Changes necessitated by
emergency conditions may be temporarily imposed until the conditions of this provision have
been met.
Section 23.3 Local 48 and the City shall establish a Labor-Management Committee (“LMC”). The
LMC shall be comprised of at least five (5) representatives of Local 48, who shall be appointed by
the Executive Board, and at least five (5) representatives from the City, who shall be appointed

42

by the City Manager. The LMC shall meet at least quarterly and address issues of significant
concern to Local 48 and/or the City. The principles of the Interest Based Bargaining model will be
employed as the means for problem solving and a mutually agreed upon mediator may be
utilized. The LMC shall be empowered to monitor contractual compliance, to resolve issues, to
recommend resolutions of issues, or to identify contractual issues that may be deferred for future
negotiations. It is the intent of this article and the LMC to enhance labor-management relations
by providing a forum that seeks to resolve issues based on the common interest of both parties.

ARTICLE 24- TRADING OF TOURS
Subject to the provisions listed below, members of the Cincinnati Fire Department shall
have the discretion of originating trades. For purposes of this article, a full tour is defined as 24
consecutive hours. Kelly Days shall not be considered as tours of trade.
A. Members shall have the right to trade up to four (4) consecutive full tours, limited to six
(6)- four (4) consecutive full tour trades per year. Trades longer than four (4) consecutive
full tours may be approved by the Fire Chief or his designee.
B. Three (3) calendar days notice shall be required for partial, one (1) and two (2) tour trades
and shall be submitted to the District Chief.
C. More than two (2) tours of trade shall require a six (6) calendar days notice and shall be
approved by the Fire Chief or his representative.
D. Trades shall be made on a rank for rank basis with the exception of Lieutenants and
Captains.
E. Members on holiday or vacation leave shall be permitted to trade with other members.
F. Members shall be permitted to trade before and/or after beginning or ending holiday or
vacation leaves.

43

G. Members who have been scheduled to attend Fire Department training programs shall
not be permitted to trade tours when they are scheduled to attend such sessions.
H. Any member who cannot fulfill an obligated trade due to injury or illness shall notify the
District Chief and obtain a medical verification of injury or illness. The physician’s verification
of injury or illness must be obtained three days prior to, or three days after the day the
member requested sick leave. The verification must be submitted within 14 days from the
date the member returns to duty. An approved physician’s verification of illness or injury shall
consist of one of the following:
1. A note on a Doctor’s letterhead or prescription pad that stated the member was seen
and was ill or injured. There must also be a printed, stamped, or signed name of the
physician or physician’s assistant on the verification.
2. An Explanation of Benefits Form (EOB) from the current health insurance provider.
The diagnosis code may be blacked out.
3. A form WH-380 verifying FMLA, for each instance.
4. Any other mutually agreed upon form during the life of this agreement.
I.

Any member who becomes aware, at least twenty-one (21) days in advance of a scheduled
trade, that he cannot fulfill the trade obligation shall notify the member initiating the trade
and the initiating member’s District Chief at least 21 days in advance of the traded tour, and
such trade shall be considered cancelled. The initiating member shall confirm cancellation of
the trade with his District Chief.
J. Upon two (2) occurrences of a failure to fulfill an obligated trade within a twelve (12)
month period, the member’s trade privilege may be revoked for twelve (12) months from
the date of the second occurrence. Members losing trade privileges may not originate
44

trades or participate in new trades, but are responsible for repayment of trades. Members
who fail to fulfill two (2) or more trade obligations due to the same injury or illness may
appeal the twelve (12) month trade revocation to the Human Resources Division Chief for
reinstatement of trade privileges.
K. Any member who agrees to a trade and is absent or late in reporting to duty for reasons
other than those stated in Paragraph H shall be considered AWOL.
L. District Chiefs shall have full discretion to approve all emergency trades [trades arranged
less than seventy-two (72) hours in advance] and, if approved, the member initiating the
emergency trade shall not be subject to discipline.
M. District Chiefs shall have full discretion in the scheduling of missed trade obligations.
ARTICLE 25- LONGEVITY PAY
All sworn members of the Cincinnati Fire Department shall be paid compensation for
length of continuous service in the employment of the City of Cincinnati as follows:
A. After completion of eight (8) years of continuous service, the sum of $800.00 per annum.
B. After completion of fourteen (14) years of continuous service, the sum of $900.00 per
annum.
C. After completion of twenty (20) years of continuous service the sum of $1,300 per annum.
Said compensation for length of service shall be included in salary and shall be paid on or
before the first day of December of each year, beginning with the calendar year in which the
employee completes on or before December 31 a term of service set forth in items (A), (B), and
(C) above.
In case of death, retirement, resignation, layoff or dismissal, the employee shall be paid for
the number of months on the payroll on a prorated basis.
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Section 26.1 Paramedics

ARTICLE 26- CONTINUING EDUCATION

Each member holding paramedic certification will be compensated for off duty time to
attend in-house continuing education as outlined in the Labor-Management Agreement, Article
XI, Section 2,A.(6). Each member holding paramedic certification shall be given the opportunity
to earn a minimum of 36 hours of overtime pay per calendar year, for in-house Paramedic
Continuing Education. The member may elect to take overtime pay as compensatory time. Inhouse Paramedic Continuing Education must be approved by the Fire Chief or his designee.

ARTICLE 27- UNION SECURITY
Section 27.1 The Director of Finance is hereby authorized to deduct union dues from the salary
or wages of any Fire Department employee who belongs to Local 48 in accord with a written
authorization filed with the Director of Finance requesting such deduction. Said authorization
shall remain in effect unless revoked in writing by the member. Upon such revocation, the
Director of Finance shall notify Local 48 that the authorization for union dues deduction is no
longer in effect.
A. The Director of Finance shall promulgate rules and regulations for the administration of
this voluntary check-off of wages, including, but not limiting it to, the preparation of
necessary forms and the times for filing of the authorization for the deductions or the
time for the filing of the cancellation of a deduction.
B. There shall be no cost to the Union for the collection of dues and the collected monies, in
an amount equal to what is collected, shall be sent to the Union as soon as possible
following the date that such dues deductions were made.
C. There shall be provided, at no cost to the Union, six (6) payroll deduction fields for the
46

purpose of consensual assessment of the membership. The assessment process will fall
within the parameters delineated in the aforementioned sections of this article. The
collection and expenditure of funds will be ethical and lawful in accordance with Federal
Law, State Law and the City Charter, Ordinances or Administrative Code.
Section 27.2 Fair Share Fee.
For any period of time that Fair Share fees are determined to be unlawful, the following
section shall not apply.
A. All employees in the bargaining unit who are not or who do not become members in good
standing of the Cincinnati Fire Fighters Union Local 48, International Association of Fire
Fighters, shall pay a fair share fee to the Union effective the employee’s date of hire. Local
48 shall certify to the City annually during the term of the Agreement the fair share fee
for applicable non-member employees of the Fire Department. The monthly fair share
fee shall be certified to the City Treasurer by the Union.
B. The fair share fee shall be deducted by the City and remitted during the same period as
Union dues are remitted, at no cost to the Union.
C. The deduction of the fair share fee from the earnings of the employee shall be automatic
and does not require a written authorization for payroll deduction. Payment of fair share
fees shall be made in accordance with this Article and with the provision of Ohio Revised
Code §4117.09(C).
i.

Local 48 will indemnify and save the City harmless from any action commenced
by an employee against the City, or the City and the Union jointly, arising from the
deduction of the fair share fees as agreed in this Article, subject to the following
provision: the City promptly notifies the Union of any claim made against the
City;

47

ii.

the City permits the Union to undertake the defense of any claim;

iii.

this Agreement does not indemnify against unlawful conduct by the City.

ARTICLE 28- SICK LEAVE WITH PAY
Section 28.1 All 40 hour employees of the Cincinnati Fire Department shall accrue four (4) hours
sick leave per pay period and all 48 hours employees of the Cincinnati Fire Department shall
accrue 4.8 hours sick leave per pay period. There shall be no restriction as to the number of sick
leave hours a member may accumulate.
Section 28.2 Sick leave shall be granted for the following reasons:
A. SWP: Any physical or mental disability not willfully or intentionally provoked by the
member, preventing the performance of his duties.
B. SWP-Q (Quarantine): Exposure to contagious diseases which result in official quarantine.
C. SWP-F (Family): To care for a sick member of the immediate family. Such time shall not
exceed twenty-four (24) hours per illness or instance.
D. SWP-M (Maternity): In the event that a member gives birth, the City's maternity leave
provisions shall prevail. In the event of a birth, the father may take up to twenty-four (24)
hours of leave time on the day of the birth or the day following the birth and up to twentyfour (24) hours on the day of discharge (of the mother or child) from the hospital or the
day following, provided that they are working days for the member. This leave time will
be charged to SWP, vacation or holiday repay time at the discretion of the member and
is limited to 48 hours per birth incident.
Parental Leave: Members covered under this Agreement shall be eligible for Parental
Leave under the City’s Parental Leave Policy 4.7 (Revised 1/1/23). If the City’s Parental
48

Leave Policy is terminated at any time, the parties will revert back to the language above.
If the City’s Parental leave Policy is amended at any time, the union may elect to retain
the amended policy or revert back to the language above. Under no circumstances will a
member receive the Parental leave benefit and the forty-eight (48) hours off under SWPM above.
E. SWP-A (Adoption): In the event that a member adopts a child under the age of twelve
(12) years, the City’s adoption provisions shall prevail. In the event of adoption, the member
may take up to twenty-four (24) hours of leave time on the day that the child is brought home,
provided that it is a working day for the member. This leave time will be charged to SWP,
vacation or holiday repay time at the discretion of the member and is limited to twenty-four
(24) hours per adoption.
Parental Leave: Members covered under this Agreement shall be eligible for Parental Leave
under the City’s Parental Leave Policy 4.7 (Revised 1/1/23). If the City’s Parental Leave Policy
is terminated at any time, the parties will revert back to the language above. If the City’s
Parental leave Policy is amended at any time, the union may elect to retain the amended
policy or revert back to the language above. Under no circumstances will a member receive
the Parental leave benefit and the forty-eight (48) hours off under SWP- A above.
F. Members on vacation or holiday leave may elect to revert to SWP when hospitalized.
G. In emergency situations, additional sick leave may be granted upon approval of the Human
Resources Bureau Assistant Chief or his designee.
Section 28.3 Members who are absent due to the provisions of Section 28.2 shall make
notification to their immediate supervisor no later than 0615 hours on his duty day.

49

Section 28.4 Members reporting a SWP incident are not required to report such an incident to a
health care provider, except as provided in Section 28.5 and 28.11. Furthermore, members
returning from SWP are not required to report to or be evaluated by a city-approved health care
provider, except as provided in Section 28.6.
Section 28.5 A member with four (4) or more instances or greater than seventy-two (72) hours
of sick leave usage (SWP and/or SWP-F) within a rolling twelve (12) month period shall be
required to provide a health care provider’s verification of visit, consult, injury or illness. For SWP
leave, a health care provider shall provide the verification of visit, consult, injury or illness. For
SWP-F leave, a health care provider of the family member shall provide the verification of visit,
consult, injury or illness. A “serious health condition” as defined under FMLA shall not count as an
instance or hours of sick leave usage unless the member is the patient.
SWP-M, SWP-A, and SWP-D shall not be considered instances for the purposes of this
section.
For members on limited duty that use SWP for the purposes of care or rehabilitation that
is directly related to the reason for their limited duty, such time will be considered one (1)
instance.
The health care provider’s verification of visit, consult, injury or illness must be submitted
within 7 days from the date the member returns to duty. If a verification is not submitted within
the 7 days, the member will be carried Leave without Pay.
An approved health care provider’s verification of illness shall consist of one of the
following:
1. A note on a health care provider’s letterhead or prescription pad that states the member
was seen and was ill, injured, or underwent a medical/dental procedure. There must also
50

be a printed, stamped or signed name of the health care provider on the verification. The
member may also provide an aftercare summary, discharge summary, or explanation of
benefits (EOB).
2. A form WH-380 verifying FMLA, for each instance.
3. Any other mutually agreed upon form during the life of this agreement.
When a member provides a health care provider’s verification of illness or injury that meets the
criteria described above, the sick leave usage will not be counted as an incident or hours of sick
leave use as described in this section (28.5).
Section 28.6 Members returning from three (3) or more continuous tours of SWP, or using SWP
for any of the following;
•

Heart attack, stroke or heart conditions

•

Most Cancers

•

Back conditions requiring extensive therapy or surgery

•

Spinal injuries

•

Appendicitis

•

Diabetes

•

Pneumonia

•

Severe arthritis

•

Severe nervous disorders

•

Pregnancy, miscarriages, complications or illnesses related to pregnancy and need for
prenatal care

•

Child birth and recovery from child birth

•

Alzheimer’s disease or clinical depression

•

Or any surgeries

may be required by the Fire Department to be evaluated by EHS prior to return to duty.
Section 28.7 Sickness or injury of a member caused by outside employment shall not be
chargeable to Sick Leave With Pay.
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Section 28.8 Members of the Cincinnati Fire Department who are on Sick Leave With Pay or Injury
With Pay Leave, and are ambulatory, shall not be restricted insofar as personal freedom of
movement to and from their place of residence.
Section 28.9 Sick With Pay - Death (SWP-D).
A. When death occurs in the immediate family, all members shall be granted SWP-D not to
exceed 24 hours.
B. SWP-D shall be granted either on the shift, in the case of 24 hour shift members, or on
days, in the case of other than 24 hour shift members, designated by the member
provided it is taken within a reasonable period of time after such death.
C. For the purpose of this Article, the immediate family shall include spouse, domestic
partner (must have signed and filed a Declaration of Domestic Partnership with the City),
parent, step- parent, parent-in-law, natural or legally adopted child, grandparent,
grandchild, brother, sister, or any other member of the immediate household.
D. In the event of death of a relative not in the immediate family, members shall be entitled
to twelve (12) hours of SWP-D for the purpose of attending the funeral.
E. If additional time off is required, a member shall be permitted to use vacation, holiday or
compensatory time.
Section 28.10 Sick With Pay- Reciprocity.
All members of the Cincinnati Fire Department shall have the option to convert to cash up to
one-hundred twenty (120) hours, for 48-hour employees, or one hundred four (104) hours, for
40-hour employees, of accumulated sick leave annually.

52

A. Conversion at the rate of one (1) hour of pay for one (1) hour of accumulated sick time
shall be available provided the employee has a sick leave bank of at least 480 hours and
has not used sick leave in the last payroll year.
B. Conversion at the rate of one (1) hour of pay for one-and-a-half (1.5) hours of
accumulated sick time shall be available provided the employee has a sick leave bank of
at least 480 hours and has used 24 hours or less of sick leave in the last payroll year.
C. Conversion at the rate of one (1) hour of pay for two (2) hours of accumulated sick time
shall be available provided the employee has a sick leave bank of at least 480 hours and
has used 48 hours or less of sick leave in the last payroll year.
D. Notification shall be made on January 15th, and payment shall be made annually during
the second pay period of February. Conversion shall be made at the member’s hourly rate
of pay in effect during the last pay period of the previous payroll year.
E. All hours of sick leave converted by virtue of this provision shall be deducted from the
member's sick leave balance. No pro-rata payment or conversion will be granted to
members leaving city service during the benefit year, previous payroll year. For purposes
of SWP – Reciprocity, only sick leave hours accrued and accumulated as City of Cincinnati
employees shall apply.
F. Section 28.9 (C) (SWP-D of immediate family), SWP-M, and SWP-A, shall not be counted
against Sick Pay Reciprocity.
Section 28.11 Sick With Pay Abuse.
Sick With Pay is a negotiated benefit for a member to use when sick or injured and unable
to perform their duties. Any other use of SWP is considered abusive. Employee morale will suffer
if workers are required to carry the workload of an employee with an attendance problem. The
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LMC shall meet and discuss attendance problems and SWP abuse and jointly develop ways to
identify and curtail SWP abuse.
Employees who have requested and been denied compensatory time, vacation or holiday
leave, and who call in sick for the day(s) for which leave was denied, shall be required to provide
a physician’s verification of the injury or illness.
Section 28.12 Medical Separation.
If the Employee Health Physician determines that the member should be medically
separated and the member's treating physician disagrees, the City and the member will mutually
select a third physician to resolve the disagreement. The cost of such evaluation and/or
examination by the mutually agreed upon third physician shall be paid by the city if the third
physician agrees with the member’s treating physician or by the member, if the third physician
agrees with the Employee Health Physician. The decision of the third physician shall be submitted
to the Department Head or his designee for consideration in determining whether medical
separation is appropriate.
A member opting for a third physician review must authorize his treating physician to
release all relevant medical information to the City Physician. If the third physician agrees with
the member’s treating physician, the member shall immediately be placed on full duty status.
Section 28.13 Definition of health care provider.
This Article defines health care provider as:
•

A doctor of medicine or osteopathy who is authorized to practice medicine or surgery (as
appropriate) by the State in which the doctor practices;

•

Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to
treatment consisting of manual manipulation of the spine to correct a subluxation as
54

demonstrated by X-ray to exist) authorized to practice in the State and performing within
the scope of their practice as defined under State law; and
•

Nurse practitioners, nurse-midwives, clinical social workers and physician assistants who
are authorized to practice under State law and who are performing within the scope of
their practice as defined under State law.

ARTICLE 29- VACATION AND HOLIDAY LEAVE
Section 29.1 Members of the Cincinnati Fire Department shall accrue vacation credits as
follows:
VACATION HOURS EARNED PER PAY PERIOD
LENGTH OF SERVICE

40-HOUR EMPLOYEES

48-HOUR EMPLOYEES

Less than 4

3.2

3.7

4 to less than 9

4.0

4.8

9 to less than 14

4.6

5.5

14 to less than 19

5.6

6.6

19 and above

7.1

8.5

Section 29.2 Extra vacation credit for seniority shall begin at the start of the anniversary pay
period of the employee.
Section 29.3 Members of the Cincinnati Fire Department shall

be permitted to have the

following maximum vacation hour’s balance:
MAXIMUM BALANCE IN HOURS
LENGTH OF SERVICE

40-HOUR EMPLOYEES

48-HOUR EMPLOYEES

Less than 4

250

290

4 to less than 9

315

370

9 to less than 14

360

430

14 to less than 19

440

515

19 and above

556

667

55

No member shall be required to take an annual vacation leave. Members shall be
permitted to accumulate vacation credit hours to the maximum permitted in the vacation
maximum hours balance contained in this Section.
Section 29.4 Members who lose their vacation selection in accordance with Section 18.2, may
temporarily exceed maximum vacation balances during the vacation cycle of April 1 through
March 31. Members voluntarily transferring or changing units shall forfeit any balances in excess
of the maximum balance at the completion of the vacation cycle on March 31.
Section 29.5 Vacation and Holiday Selection.
A. All members of the Fire Department shall have the option of selecting full tour vacation
and/or holiday periods (hereinafter referred to as Annual Leaves) that begin during a year
cycle, April 1 through March 31. Members scheduling leaves that begin in March of the
year cycle and continues into April of the next year cycle shall be granted their request
based upon the Rules of Selection. The options are identified as Round One, Round Two,
and Round Three annual leaves. Members may elect to use Vacation Leave,
Compensatory Time or Holiday Leave in any of the rounds, however they shall only be
entitled to take one type of leave per round. The Annual Leave selection process shall
commence no later than January 1 and shall be subject to the Rules of Selection. The Rules
of Selection shall be discussed and mutually agreed upon annually no later than
September 1.
B. The Round One Leave choices shall be scheduled on the basis of seniority in the Fire
Department. During this selection, scheduling must allow for a minimum of twenty two
(22), 48-hour members in the Fire Department to be on annual leave during each tour,
subject to Section 22.3.
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C. Upon the completion of Round One leave choices, Department lists shall be posted
showing seniority and Round One leave assignments. Members shall be permitted one
week to review the lists.
D. Round Two leave selection shall commence upon completion of the Round One leave
review. Round Two picks shall be scheduled on the basis of seniority in the Fire
Department. During this selection, scheduling must allow for a minimum of twenty two
(22), 48-hour members in the Fire Department to be on annual leave during each tour,
subject to Section 22.3.
E. Upon completion of Round Two leave choices, Department lists will be posted showing
seniority and Round One and Round Two leave assignments. Members shall be permitted one
week to review these lists.
F. Round Three leave selection shall commence upon completion of the Round One and Round
Two leave review. Round Three picks shall be scheduled on the basis of seniority in the Fire
Department. During this selection, scheduling must allow for a minimum of twenty-two (22),
48-hour members in the Fire Department to be on annual leave during each tour, subject to
Section 22.3.
G. Upon completion of Round Three leave choices, combined lists shall be posted showing
seniority and scheduled leave assignments. Round Three leave selection shall conclude no
later than March 1 and shall conclude the annual leave selection process.
H. A Discretionary Leave may be requested from the District Chief, at any time after the Round
3 choices are posted. The Discretionary Leave shall allow for a minimum of twenty- two (22),
48-hour members in the Fire Department to be on annual leave during each tour, subject to

57

Section 22.3. Discretionary Leave selections shall be based upon first request. A member shall
receive approval for no more than one Discretionary Leave per leave year. The Discretionary
Leave may be a single tour or a continuous multiple tour leave.
I.

Single vacation, Compensatory Time or holiday tours (hereinafter referred to as Additional
Leaves) may be used by any member during the year. To use a single vacation,
Compensatory Time or holiday tour, members shall request such tours from the District Chief,
no greater than 0600 hours, twenty-one (21) days in advance and no less than seventy-two
(72) hours in advance. Single vacation, Compensatory Time or holiday tour picks shall be
assigned upon request after April 1. The basis for this pick shall be first request. Scheduling
must allow for a minimum of twenty-five (25), 48-hour members in the Fire Department to be
on scheduled leave, including Compensatory Time, at any given time during each tour, subject
to Article 22, Section 22.3.

J. Partial-tour vacation, Compensatory Time or holiday selections may be used by any member
during the year, subject to the cap set forth in Paragraph I of this Section. To use a partialtour vacation, Compensatory Time or holiday, members shall request such partial-tour from
the District Chief, no greater than 0600 hours twenty-one (21) days in advance and no less
than seventy-two (72) hours prior to the beginning of the tour of duty of the requested leave.
A minimum of twelve (12) hours partial-tour vacation, Compensatory Time or holiday leave
must be used per each request. Partial tour vacation, Compensatory Time or holiday leave
shall only be requested in time slots from 0700 hrs to 1900 hrs or 1900 hrs to 0700 hrs.
Members may request either or both of the time slots available. The minimum hour usage and
time slots shall be reevaluated by the Labor Management Committee on or about April 1,

58

2008 for effectiveness and ease of operation. Partial-tour vacation, Compensatory Time or
holiday picks shall be assigned upon request after April 1. The basis for this pick shall be first
request.
K. Dependent upon staffing availability, scheduling may allow for greater than twenty-five
(25), 48 hour members in the Fire Department to be on scheduled leave at any given time
during each tour, subject to Section 22.3.
L. Members who are off on FMLA Vacation or Holiday leave or Military Vacation or Holiday
leave shall not be subject to nor count against the cap set forth in Paragraph H of this
Section.
M. Any amendment to the General Order and/or Procedure Manual relative to vacations or
holiday selections will be discussed with the Union prior to implementation.
N. Members who voluntarily transfer, change units, or demote voluntarily and lose their
assigned vacation shall be rescheduled within five (5) calendar days. Rescheduling shall
be done on the basis of seniority in the Fire Department, rank and company. During this
selection, scheduling must allow for a minimum of twenty-two (22), 48-hour members in
the Fire Department to be on scheduled leave during each tour, subject to Section 22.3.
Section 29.6 Cancellation of Vacation or Holiday Leave (48-Hour Members).
A. Cancellation of any annual or additional vacation or holiday leave shall require at least
seventy-two (72) hours notice prior to beginning date of said scheduled leave. Only the
beginning date, the ending date, or the entire annual vacation or holiday leave may be
cancelled; a date in the middle of the annual vacation or holiday leave may not be
cancelled. However, any annual or additional vacation, Compensatory Time or holiday
leave may be cancelled without seventy-two (72) hours notice dependent upon staffing
availability or shortage.

59

B. Members who return to regular duty for one (1) tour from an annual vacation,
Compensatory Time or holiday leave of greater than one (1) tour in order to relieve a
staffing shortage shall be granted, at the member’s discretion, either:
i.

member shall be permitted to sell back to the City of Cincinnati up to twenty-four (24)
hours of vacation, holiday or compensatory time on an hour-for-hour basis at the rate
of pay in effect for the member.
or

ii.

members who wish to cancel a scheduled vacation leave to relieve a staffing shortage
may elect to sell back to the City of Cincinnati an additional twenty-four (24) hours of
holiday time during the annual holiday time sell back period in Section 29.9 (G).

C. Members returning to regular duty for one (1) tour from an annual vacation,
Compensatory Time or holiday leave of greater than one (1) tour in order to relieve a
staffing shortage shall be selected by the District Chief on the basis of rank, seniority and
certification. There shall be a limit of four (4) tours per calendar year that a member may
return from or cancel in order to relieve staffing shortages.
Section 29.7 Advanced Vacation.
A. No member of the Cincinnati Fire Department can take any vacation beyond that already
earned except in the most unusual cases. Request must be submitted to the Human
Resources Bureau Assistant Chief on Form 25-S. No advanced vacation shall be approved
without a written agreement by the employee that he will reimburse the City if he leaves
City service before earning the credit taken.
B. If a member used his normal annual vacation credit but, because of an early vacation
scheduled by the Fire Department, is lacking less than half a working day or half a tour of
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credit, the Department shall grant the additional time without charge, provided the
member has not used or been charged vacation credit since his last scheduled vacation.
C. If a member does not have an adequate balance in his Vacation, Holiday or Compensatory
Time bank to cover his selected leave, another time bank of the members choice may be
utilized provided that a revised Form 25s is provided to the member’s District Chief prior
to the leave being taken.
Section 29.8 Vacation Assignments Due to Demotions.
A. Members involuntarily demoting for reasons other than discipline shall be assured their
previously selected Vacation or Holiday assignment.
B. Members voluntarily demoting or demoting due to discipline shall retain their previously
selected Vacation or Holiday assignment only if scheduled leave limits are not exceeded.
C. Members who demote voluntarily or demote due to discipline and lose their assigned
vacation or holidays shall be rescheduled within five (5) calendar days. During this
selection, scheduling must allow for a minimum of twenty-two (22) 48-hour members in
the Fire Department to be on scheduled leave during each tour in accordance with Article
22, Section 3.
D. Members who lose their vacation selection due to demotion may temporarily exceed
maximum vacation balances during the vacation cycle of April 1 through March 31. Any
balances in excess of the maximum balance shall be forfeited at the completion of the
vacation cycle, March 31.
E. Rescheduling shall be completed on the basis of seniority in the Fire Department, rank
and company.

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Section 29.9 Holiday Leave.
A. All sworn members of the Cincinnati Fire Department covered by this Agreement and who
are employed on a 48-hour workweek shall be granted a holiday repay equivalent of 132
hours per year. Members shall accrue at the rate 5.08 hours per pay period.
B. All sworn members of the Cincinnati Fire Department covered by this Agreement and who are
employed on a 48 hour work week shall be permitted to accrue a maximum of 504 hours of
holiday repay time. Under no circumstances may more than 360 hours be cashed in upon
retirement, dismissal, death, layoff or resignation. The hours shall be cashed in at the rate of
pay in effect for the classification held by the member upon such separation. Any hours in
excess of the 360 hour maximum shall be forfeited upon retirement, dismissal, death, layoff
or resignation. Any amounts ordinarily earned beyond all of the above limits are forfeited.
C. All sworn members of the Cincinnati Fire Department covered by this Agreement who are
employed on a 40-hour week shall accrue 110 hours of holiday repay time per year. Members
shall accrue at a rate of 4.23 hours per pay period. The following generally recognized
holidays shall be the 40 hour employees‟ regularly scheduled off days: Martin Luther King Day,
New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Veteran's
Day, Thanksgiving Day and Christmas Day.
D. All sworn members of the Cincinnati Fire Department covered by this Agreement who are
employed on a 40 hour work week shall be permitted to accrue a maximum of 420 hours of
holiday repay time. Under no circumstances may more than 300 hours be cashed in upon
retirement, dismissal, death, layoff or resignation. The hours shall be cashed in at the rate of
pay in effect for the classification held by the member upon such separation. Any hours in
excess of the 300 hour maximum shall be forfeited upon retirement,

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dismissal, death, layoff or resignation. Any amounts ordinarily earned beyond all of the
above limits are forfeited.
E. All sworn members of the Cincinnati Fire Department covered by this Agreement shall accrue
holiday repay time when on SWP or IWP leave.
F. The authority to grant special holidays, including days of mourning, shall rest with the City
Manager. However, if the City Manager grants a special holiday to members of any other
collective bargaining unit, it shall also be granted to all sworn members of the Cincinnati Fire
Department. If granted by the City Manager, all members of the Cincinnati Fire Department
shall receive eight (8) hours or any equivalent portion thereof of Compensatory Time. Any
new holiday added by the Cincinnati City Council to Section 308-9 of the City Municipal Code
as a City-recognized holiday will result in an additional 10 hours of holiday repay time for
forty-hour members or 12 hours of holiday repay time for forty-eight hour members.
G. Members of the Cincinnati Fire Department shall be permitted to sell back to the City of
Cincinnati accumulated holiday repay time. Forty-eight hour workweek employees shall be
permitted to sell back 24 hours of Holiday Repay Time on an hour-for-hour basis at the rate of
pay in effect for the member. Forty-hour workweek employees shall be permitted to sell back
20 hours of Holiday Repay Time on an hour-for-hour basis at the rate of pay in effect for the
member. Any sworn member having 19 years of service credit or more with the City of
Cincinnati or the Ohio Police and Fire Pension Fund shall have a one time option to declare a
period of five (5) consecutive years in each of which they can sell back up to 120 hours of the
member’s earned and accumulated Holiday Time Members must make notification of their
intent to sell holiday repay time back to the City by November 15 of each year and payment
will be made the following January.
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H. If a member dies, retires, resigns, is laid off, is dismissed or otherwise leaves the Fire
Department before accruing the amount of hours which he has already sold back to the City,
the City will deduct the amount paid to but not yet earned by the member from his final pay
check or retirement contributions.

ARTICLE 30- PAY DIFFERENTIAL / CERTIFICATION PAY
Section 30.1 Pay Differential.
The following pay differential shall be maintained between all ranks for sworn members
of the Cincinnati Fire Department:
Fire Fighter
Paramedic Training Officer

4% above Fire Fighter

4 FAO

8% above Fire Fighter

4
Specialist

8% above Fire Fighter 4

Lieutenant

16% above Fire Fighter 4

Captain

16% above Fire Lieutenant

District Chief

16% above Fire Captain

Section 30.2 Certification Pay.
A. All members who hold a State of Ohio Paramedic Certification (EMT-P) shall be paid an

annual certification pay equal to ten percent (10%) of the base salary of the rank of Fire
Fighter 4. Members must maintain this certification in order to receive the annual
certification pay. If at any time the member chooses to voluntarily surrender their State
of Ohio Paramedic Certification (EMT-P), they will not be eligible for the annual
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certification pay moving forward, regardless of whether the member is later reinstated
as a Paramedic (EMT-P).
B. All members who hold a State of Ohio EMT-B (Emergency Medical Technician-Basic)
certification shall be paid an annual certification pay equal to four percent (4%) of the base
salary of the rank of Fire Fighter 4.
C. All members who are certified as Explosive Ordinance Disposal Technicians (“EOD”) and are
permanently assigned to Engine 14 / Bomb Unit shall be paid an annual certification pay equal
to seven percent (7%) of the base salary of the rank of Fire Fighter 4.
D. All members permanently assigned to Heavy Rescue 14 or Heavy Rescue 9 who hold all
certifications and achieve minimum training requirements as established through Article 37
of this agreement shall be paid an annual certification pay equal to seven percent (7%) of the
base salary of the rank of Fire Fighter 4.
E. All members covered by this agreement shall be paid an annual Fire Firefighter certification
pay equal to two- percent (2%) of the member’s base salary for their rank or grade. Effective
December 15, 2019, the two-percent (2%) shall increase to two-and-a- half-percent (2.5%) of
the member’s base salary for their rank or grade. Effective upon ratification of the labor
agreement dated December 10, 2023-December 5, 2026, the 2.5% Fire Fighter certification
pay shall be rolled into the base pay prior to the base wage increase and this section shall be
considered null and void.
F. Fire Recruits shall not be eligible to receive Certification Pay until they have completed Drill
School and have received their step up to Fire Fighter Probationary (FF-PR).
G. All annual certification pay referred to in this Article shall be paid in addition to current salary
on a bi-weekly basis. Certification pay will be paid at the highest level of certification.
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Members shall not receive pay for more than one (1) certification level at a time. All
certification pay will be included in all reports made to the Ohio Police & Fire Pension Fund
relating to the members earnings. Both the City and Local 48 agree that this provision is
intended to have no FLSA implication.
H. Members who fail to maintain their Emergency Medical Technician certification may not

receive Emergency Medical Technician certification pay and may be subject to the
disciplinary process. Members who lose their Emergency Medical Technician certification
through no fault of their own shall not lose their certification pay and, with assistance
from administration, will be required to regain their Emergency Medical Technician
certification within a reasonable period of time.
ARTICLE 31- DEATH BENEFITS AND TERMINAL PAY
Section 31.1

Death Benefits.

A. Upon the receipt of the proof of death of a retired member of the Ohio Police and Fire
Pension Fund, there shall be paid to the designated beneficiary of the deceased member a
death benefit of five thousand dollars ($5,000). If there is no designated beneficiary, the
said death benefit shall be paid to the surviving spouse. If there is no surviving spouse, the
said death benefit shall be paid to the estate of the deceased member.
B. Upon the receipt of the proof of death of an active member of the Ohio Police and Fire
Pension Fund, there shall be paid to the designated beneficiary of the deceased member a
death benefit equal to the member’s current annual base salary up to a maximum of fifty
thousand dollars ($50,000). If there is no designated beneficiary, the said death benefit shall
be paid to the surviving spouse. If there is no surviving spouse, the said death benefit shall
be paid to the estate of the deceased member.
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This death benefit shall be paid for any member who is separated for disability
retirement for a period of 180 calendar days after payroll separation or until disability
retirement is approved by the Ohio Police and Fire Pension Fund Board, whichever occurs
first. In no event will payment be made after 180 days from the date the member is
separated from the payroll.
Section 31.2

Terminal Pay.

Upon the death of a member, payment for all accumulated sick leave, vacation accrual,
holiday accrual, compensatory time and all other terminal pay shall be made to the designated
beneficiary in a lump sum. If there is no designated beneficiary, said payment shall be paid to the
surviving spouse. If there is no surviving spouse, the said death benefit shall be paid to the estate of
the deceased member. This payment shall be made no greater than thirty (30) days after proof of
death of a member.
ARTICLE 32-GENERAL
Section 32.1 Morning Muster Uniform.
The City agrees to grant all members assigned to a 48-hour assignment authority to come
to and leave from their assigned unit in Fire Department fatigue uniform when reporting to or
departing from a tour of duty. In addition, both on- coming and off-going personnel shall stand
morning muster in Cincinnati Fire Department Fatigue uniform.
Section 32.2 Liability.
All sworn members of the Cincinnati Fire Department shall be protected from liability
claims, in the performance of their duties, under the provisions of City Ordinance 267-1976.
Section 32.3 Discrimination.
The City agrees not to discriminate against any employee for his activity on behalf of or
membership in the Union.

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Any reference to gender in this agreement shall be meant to apply equally to both
female and male.
Section 32.4 Identification Cards.
The City shall supply all sworn members of the Cincinnati Fire Department with an
identification card to contain the individual member's picture and other pertinent information
necessary to substantiate the fact of said member being a duly sworn member of the Cincinnati
Fire Department. The identification card shall be of wallet size, laminated and of durable
construction. Identification cards will be issued to each individual employee who is a sworn
member of the Cincinnati Fire Department. The taking of pictures shall be done on the member’s
on-duty time.
Section 32.5 Private Automobile Mileage Allowance.
Any member may be reimbursed for the use of a private automobile on official City business
upon approval of his department head. Where use of a private automobile is regular and
continuous, the City Manager may authorize a flat monthly sum, based upon the estimated average
monthly mileage at a rate of twenty cents ($0.20) per mile or at the prevailing City rate, whichever
is higher.
Each employee claiming an allowance on a monthly basis shall submit a voucher each month
stating exactly the number of days in said month that the private automobile was used for City
business. Prorated amounts will be authorized if the vehicle was used for City business for only part
of any month.
Any employee claiming an allowance on the mileage basis shall submit a voucher for the
mileage claimed and a complete list of trips made and distances traveled, according to regulations
established by the Director of Finance.
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Section 32.6 Credit Union and U.S. Savings Bond Deductions.
The City shall deduct from the salary or wages of a member the amount, which the member
voluntarily requests to be withheld, and forward payment to the Credit Union. Direct deposit of the
entire check may be made to the Credit Union or any established bank at the request of the employee.
The City shall provide an additional field for payroll deductions for each member. Use of
payroll deduction field shall be in accord with the rules of the Director of Finance and/or the
Regional Computer Center. An additional field means one (1) more payroll deduction field than
those provided in the last pay period of 1980.
Section 32.7 Medical Insurance Benefits.
Medical Plan
For Current Members:
Effective January 1, 2020, members covered by this Agreement shall have the option
to enroll in the City’s 80/20 health care plan. Terms of coverage, premium shares, co-pays,
deductibles, and co-insurance shall be as listed in Appendix B. The member’s premium share shall
be 10% of premium costs capped at $85.00 per month for a single plan and $200.00 per month for
a family plan.
For New Employees:
Members hired after the approval of this Agreement shall eligible for health care coverage
on the first day of service and shall have the option to enroll in the City’s 80/20 health care plan.
Terms of coverage, premium shares, co-pays, deductibles, and co-insurance shall be as listed in
Appendix B. The member’s premium share for new employees shall be 10% of premium costs
capped at $85.00 per month for a single plan and $200.00 per month for a family plan.
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The City will notify the Union of any proposed changes in insurance carriers and/or plans
and will meet with the Union, if requested, prior to changing an insurance carrier or plan. Nothing
shall restrict the right of the City to change insurance carriers, plans, or number of plans as long as
there is no reduction in negotiated benefits. The City agrees to form a Cost Containment Committee
to include members selected by Local 48. The Cost Containment Committee shall meet at least
quarterly near the end of July, October, January and April.
Members of the Cincinnati Fire Department covered by this Agreement shall be provided
with ninety (90) day coverage by the City of Cincinnati in the event they go off the payroll due to
sickness, non-job related injury or disease.
Effective Date: For new employees, eligibility for membership in any of the health care plans shall
begin on the first day of service.
Reinstated or restored employees: If an employee who was enrolled at the time of entry into
military service is restored within thirty (30) days after the date of discharge, coverage will be
effective on the date of discharge. If an employee is restored within thirty-one (31) to ninety
(90) days, the effective date will be the date the Risk Management Division receives and processes
the application. The effective date of an employee who was not enrolled at the time of entry into
military service will be the first of the month following his return. Members returning to the Fire
Department due to recall from layoff shall be eligible for medical coverage on the first day they
return to service.
Late Application: An eligible employee who does not apply within thirty (30) days of service
may not apply for medical coverage until the next available open enrollment period. In cases where
applications converting from single to family coverage are not received by Risk Management within
ninety (90) days following the date of marriage, an additional ninety (90) days waiting period will be
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required. In such cases, coverage will not become effective until 90 days from the first of the month
following the date the Risk Management Division was notified of the desire to change contract
status.
Exception: A family contract in the name of one (1) spouse can be transferred to the name of
the other spouse at any time.
Change in Contract:

Any change or adjustment to an employee's contract should be submitted

to the Risk Management Division at least forty-five (45) days in advance of the contemplated
effective date in order to assume continuous coverage. Changes that may occur must be a
qualifying event under the health insurance policy. (ex. Changes in coverage due to birth,
marriage, divorce, loss of other coverage, etc.) Request for changes can be made by contacting
the Office of Risk Management.
Open Enrollment Period:

The open enrollment period for the City health care plan(s) shall

take place in the month of October. Those who wish to transfer from one plan to another may do
so at this time.
Disputes concerning eligibility for benefits under any of the medical plans shall be adjudicated
according to the appeals process established by each respective group contract between the City
and the medical plan provider. Health benefit disputes shall not be subject to the grievance
procedure contained in this Agreement.
Dental Plan
The City of Cincinnati shall pay a maximum of seventy dollars ($70.00) per member per
month for the duration of the agreement.
Vision Plan
The City agrees to provide members of the Union with a vision plan with benefits
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comparable to the City management vision plan.
Section 32.8 Limited Duty.
A. Members of the Fire Department who suffer temporary disabilities from on or off duty
injuries may, upon recommendation of the Employee Health Physician, be placed on
limited duty. The member may submit for consideration medical records from the
member’s personal / treating physician regarding limited duty determination and the
Employee Health Physician shall include and consider these recommendations in limited
duty determinations.
B. The workweek for members assigned to Limited Duty shall be in accordance with Article
22, Section 2 (A).
C. Members assigned to Limited Duty as a result of a duty related injury or illness shall be
permitted to report to a treating physician for consultation, treatment or therapy of the
injury or illness that has resulted in the Limited Duty assignment without use of any leave.
D. Members assigned to Limited Duty as a result of an off duty injury or illness shall use Sick
with Pay leave when reporting to a treating physician for consultation, treatment or
therapy of the injury or illness that has resulted in the Limited Duty assignment.
Section 32.9 Notice of Outside Employment.
Members of the Cincinnati Fire Department shall be required to submit to the Fire
Department a notice of any employment undertaken or engaged in other than their
employment with the Cincinnati Fire Department. Forms shall be provided by the City for such
notice.
Section 32.10 Fire Department Badges.
Every member of the Cincinnati Fire Department shall, upon retirement, receive a
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retirement badge similar to his official badge bearing the same number and having the word
“retired” on the badge.
Section 32.11 Jury Duty.
Any member who is required to serve on any jury shall receive his regular salary during the
period of jury service, provided that he remits his compensation for such on-duty jury service to
the City of Cincinnati.
Section 32.12 Tuition Reimbursement.
Employees may receive reimbursement for tuition in accordance with the provisions of
this section and supplemental rules and regulations not in conflict therewith issued by the
Personnel Officer with the approval of the City Manager.
A. Education courses and programs related to the work of an eligible employee may be
partially reimbursed by the employee's department or agency upon successful completion
of such courses in accordance with the following conditions and provisions:
i.

The recipient must be a permanent, full-time employee except that Emergency
Employment Act (EEA) and Model Cities employees are also eligible. The employee
must have completed his or her probationary period prior to starting date of course.

ii.

The education or training must be obtained by attendance at an approved and
accredited college, university, secondary school, technical institute, business
institute or other educational institute or school. In order to be eligible, the school
must be approved by the City Personnel Officer, and the employee must be able to
attend without interfering with his or her normal work schedule.

iii.

The agency or department can reimburse at a rate equal to 100% for a grade of A, 80%
for a grade of B, or a passing grade in a pass/fail course, and 60% for a grade of C for six
(6) credit hours per academic session. Courses which shall be approved are those which
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the department head and the City Personnel Officer determine are:
(1) those courses directly related to the employee's present job, (2) those courses related
to a reasonable promotional opportunity for the employee, or (3) elective and/or
required courses in a degree program which is directly related to the
employee's job or a reasonable promotional opportunity. Funds must be available in
the agency’s approved tuition reimbursement budget. Future funding in the agency’s
approved tuition reimbursement budget shall meet or exceed the 2018 level of
funding. The rate of reimbursement shall be capped based on the undergraduate
rate per credit hour at the University of Cincinnati. In no event shall an employee be
reimbursed for more than twenty-four (24) quarter hours or sixteen (16) semester
hours per calendar year.
iv.

A request for reimbursement must be filed in advance of course registration using the
appropriate form. The form must be prepared in three (3) copies and be approved by
the agency head, and a signed form for certification of funds must accompany the
application. One (1) copy will be sent to the Finance Department, one (1) copy
retained by the Personnel Office, and one (1) copy will be returned to the employee.
The employee requesting reimbursement must submit a receipt of tuition payment
and a grade report to this department within thirty (30) days of the end of the
academic session.
The department will then forward the receipt, the grade report and a claim
voucher to the Accounts and Audits Division for reimbursement action. Accounts and
Audits will then issue a check to the employee.
Departments should request funds for tuition reimbursement per the instructions
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of the management services office each year during the preparation of their annual
budgets.
v.

A reasonable promotional opportunity is considered any position in the City

service for which a present employee could eventually take a promotional or open exam and which
has a higher pay scale than his present job.
In the event of a question as to the appropriateness of a course, or as to the
reasonableness of a promotional opportunity, the City Personnel Officer shall be the
deciding authority.
In case of a full-time employee who is also a full-time student paying a flat rate,
the amount to be reimbursed will be determined by dividing the number of hours taken
into the tuition or instructional fee (not including any general or special fees) to get the
employee's cost per credit hour which shall be reimbursed as provided in Section
32.13(A)(iii).
Except for financial assistance received because of service in the armed forces,
those employees who are receiving other financial aid will be reimbursed based on their
actual tuition expense.
Section 32.13 Performance Enhancement Process.
Members may be coached or mentored in an instructional manner. The purpose of this
instruction should be to enhance performance and create an environment of better relations
between the supervisor and the member. These instructional conferences shall not result in nor
be considered disciplinary action. Union representation shall not be required for the Performance
Enhancement Process.

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Section 32.14 Disciplinary Procedure.
A. When a member is to be questioned about or charged with an alleged violation of any
prescribed code of conduct, whether Divisional, Departmental or Citywide, or any
other infraction of rule or law, he shall be entitled to Union representation, if so requested,
in any meeting in which the member is required to respond to such questioning or charges.
The member or his representative shall be entitled to a copy of any statement the member
makes or any report he is required to make, including access to any tape-recorded
statement. Except in the case of misconduct that requires immediate suspension, a member
shall be entitled to ten (10) days advance notice before any Divisional or Departmental
hearing.
B. Discipline and discharge shall only be for just cause.
C. Once a member is notified of an ongoing investigation, the member and the Union may
request Internal Investigations to notify them in writing of the status of the investigation.
Such requests may be made every thirty (30) calendar days until the investigation is closed
and the final report has been filed. Upon receipt, the City will respond within 10 calendar
days. For purposes of this section, an e-mail sent to the member’s City e-mail and sent to the
Union President’s e-mail shall constitute written notification.
D. For completed investigations of members that do not result in disciplinary charges, the
Fire Department shall provide a written report of the results of the investigation to the
member and the Union within ten (10) calendar days of the close of the investigation.
Section 32.15 House Cleaning.
Members of the Cincinnati Fire Department shall be required to perform house cleaning
on an annual basis only in areas where they stand watch, eat or sleep.
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Members of the fire suppression companies shall not be required to clean the
administrative offices of the Fire Chief, Fire Prevention Bureau, Training Bureau or the
Superintendent of Apparatus. The Training Bureau auditorium is excluded from this provision.
ARTICLE 33- DRIVERS LICENSE
No employee may operate any City owned vehicle or private vehicle on City business
without an unrestricted operator’s license required for the particular type of apparatus operated.
Employees who have court-granted waivers to drive to, from or at work while they are on
suspension may not operate City equipment regardless of any court exemption. Restrictions for
medical reasons (e.g. eyeglasses) are not subject to this policy.
Employees must notify their Immediate Supervisor of any driving restriction not later than
the next business day after the restriction is imposed. The supervisor is required to inform the
Fire Chief through the proper chain of command. In any state that requires a written release of a
driver’s abstract or driving history record, the member shall immediately execute the release
upon request from the department.
The Fire Department will accommodate employees on restricted or suspended driving
license for a period of time not exceeding one year for the first serious vehicular offense by
placing the employee in a job assignment not requiring the operation of a vehicle for work.
Employees with their first serious vehicular offense shall be referred to the Public Employees
Assistance Program (PEAP) to be evaluated by a Substance Abuse Professional (SAP), and shall
follow recommendations of the SAP or be subject to a written reprimand. Employees with
restrictions of more than one year and/or more than one conviction of serious vehicular offenses
are subject to disciplinary action.

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ARTICLE 34- ABOLISHMENT OF POSITIONS

When a position becomes vacant due to the promotion, demotion, separation, death,
resignation, transfer, reassignment of the incumbent, or for any reason, the City Manager shall
have full discretion to determine whether the position is to be filled or to be abolished within ten
(10) business days of the vacancy. In the event that the City Manager determines to fill the
position, the procedures regarding promotions as set forth in Ohio Revised Code §124.45 shall
be followed.
In the event that the City Manager determines to abolish a vacant position, the position
shall be abolished and deleted from the Position Control Job Listing (Table of Organization), upon
the signing, by the City Manager, of the appropriate form for abolition, within such ten (10) day
period, followed by the transmittal of such form to appropriate departments. In any such
abolishment, neither the City nor the Civil Service Commission shall be required to hold an
examination where no list of eligibles is in existence for such position.
When a list of eligibles is in existence and the position to be abolished is vacant,
promotion shall be effected according to law from such list immediately prior to the abolishment
of the position and recall rights shall ensue according to law. The employee promoted to the
position to be abolished shall be demoted to the position occupied immediately prior to the
promotion. Such promotion and abolishment shall not create any vacancy at any lower ranks that
would require any other related promotions or examinations.
When the abolishment of a vacant position occurs and there is no eligible list, no related
demotions and/or layoffs are required. When the abolishment of a vacant position occurs, and
there is a list, demotions back to positions occupied immediately prior to promotion shall occur
according to law, but no related layoff shall be required.
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The City Manager shall also have full discretion in accord with the terms of this Article to
abolish any position that is filled. In the event the City Manager determines that a filled position
should be abolished for managerial reasons including, without limit, reorganization for efficiency
or economy or for lack of work or funds, he may do so upon ten (10) days written notice to the
incumbent and the bargaining representative. When such an abolishment occurs, it shall be
within the managerial discretion of the City Manager to determine whether related demotions
and/or layoffs down through the ranks are required.
It is expressly agreed that the contractual provisions contained in this section are intended
to modify or replace the application of the statutory terms set forth in Ohio Revised Code
§124.37, Ohio Revised Code §124.321 and any other statute or regulation related to abolishing
uniformed civil service positions in the Fire Department. Any provision of Ohio Revised Code
§124.37 and Ohio Revised Code §124.321 or related statutes or regulations which may apply to
the abolishment of positions, which provision is in conflict with the terms of this Article, shall be
null and suspended, shall be not binding upon these parties and shall be superseded and replaced
by the terms of this article. This Article shall also modify or replace any subsequent legislative
enactments or administrative regulations concerning the abolishment of such positions and in
conflict with the provisions of this Article.
ARTICLE 35- TERM OF AGREEMENT
This Agreement shall be effective as of 12:01 a.m. on the 10th day of December 2023,
and shall remain in full force and effect until 12:00 Midnight on the 5th day of December 2026.
Either party desiring to terminate, modify or negotiate a successor collective bargaining
agreement shall serve written notice upon the other party of the proposed termination,

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modification or desire to negotiate. The party must serve notice not less than sixty (60) days prior
to the expiration date of the existing agreement. Negotiations shall commence sixty (60) days
prior to the expiration date of the agreement. The parties shall continue in full force and effect
all terms and conditions of the existing agreement for a period of sixty (60) days after the party
gives notice or until the expiration date of the collective bargaining agreement, whichever occurs
later.
ARTICLE 36- SPECIALIZED UNITS
The City and the Union agree that the Fire Department has the following Specialized Units:
•

Engine 14 - Hazardous Devices Unit (EOD)

•

Heavy Rescue 14- Heavy Rescue / Hazardous Materials Response

•

Heavy Rescue 9- Heavy Rescue / Hazardous Materials Response
It is in the best interests of the City, the Union and the Fire Department to maintain these

specially equipped Units whose members receive additional, specialized training in order to
respond to extraordinary runs such as hazardous materials incidents, entrapments, high angle
rescues, and explosives incidents / investigations.
The City and the Union agree that the safety and efficiency of the Specialized Units
depends upon the adequate staffing, training and equipping of the Units. The City and the Union
agree to jointly develop, approve and maintain a Standard Operating Procedure for each
Specialized Unit that sets minimum standards for the training, equipping and staffing. Members
transferring to Engine 14, Heavy Rescue 14 or Heavy Rescue 9 may be required to sign a five (5)
year commitment to remain on these Specialized Units.
In the development of these Standard Operating Procedures, national, industry, and
professional standards will be considered and implemented upon mutual agreement of the
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parties. These Standard Operating Procedures will be reviewed at least annually and updated as
needed.
ARTICLE 37- DAILY STAFFING REQUIREMENTS
Section 37.1 The City agrees to maintain four (4) person companies for each fire suppression
unit, including but not limited to Engine Companies, Ladder Companies, Heavy Rescue 14 and
Heavy Rescue 9.
Section 37.2 The city and the Union recognize that during unanticipated emergencies relating to
a particular incident or member, the Cincinnati Fire Department may be precluded from
maintaining four persons on each company for a portion of a tour. Therefore, if necessary for the
effective operation of the Cincinnati Fire Department, Fire suppression Companies may continue
to operate with three persons for a period of up to six (6) hours. Examples of such emergencies
include but are not limited to:
i.

When a member has a family emergency. The member shall be permitted to leave the
work station in order to resolve the issue prior to another member arriving at the work
station to relieve him.

ii.

Retrieval or Repair of PPE or Other Safety Equipment such as SCBA, Radios, Turn-outs,
Boots, Helmets, Gloves, Hoods.

iii.

Member’s appearance at Internal Investigations, Drug Testing and Disciplinary Hearings.

Section 37.3 The Fire Chief will maintain the right to assign personnel on these units to fill
promoted vacancies on an out of class basis and to recall promoted personnel at the Fire Chief’s
discretion.
Section 37.4 Absent unforeseen circumstances outside of the control of the City, the Fire Chief
will maintain no less than twelve (12) Medic Units/Ambulances. The Fire Chief will staff no less
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than eight (8) of the aforementioned units as medic units with a minimum staffing of one certified
paramedic and one certified EMT/Paramedic.
Section 37.5 The Fire Chief will attempt to maintain no less than four districts. Of the four
currently authorized districts, the Fire Chief will attempt to maintain no less than three districts
staffed with District Chiefs.
Section 37.6 Heavy Rescue Companies will each be staffed daily with four (4) persons. Of the four
(4), three (3) shall be qualified rescue technicians (2 of the 3 must be permanently assigned Heavy
Rescue 14 or Heavy Rescue 9 company members). When continuing education is required by the
Chief for technician level requirements, members will be permitted to attend, on overtime if
necessary.
ARTICLE 38- PARAMEDIC TRAINING
In order to complete paramedic training, the Cincinnati Fire Department and the Union
have agreed to the following:
Section 38.1 The City shall pay the cost of all course requirements necessary to complete
paramedic training for all approved members enrolled in an external Fire Department approved
paramedic program.
A.

Classroom Time: Any on-duty member shall be released from duty to attend any
required class scheduled. The member shall be covered with overtime personnel if
necessary. Members will not be compensated for class attendance while off-duty.

B.

Hours Bank: An “Hours Bank” of on-duty time shall be credited to each member
to use for clinical hours only. Each member shall be allotted fifteen (15) hours per month
for the last five (5) months prior to completion of paramedic school (75 hours total). The
Hours Bank may be used to complete scheduled Hospital Clinical Time. The allotted

82

monthly hours cannot be carried over into the following month – the member must use
the hours in that month or lose them. However, when the Hours Bank is gone, the
member must schedule the rest of their clinical time off-duty. Additional on-duty hours
may be scheduled if staffing permits.
C.

Ride-time: Members shall complete all “ride-time” on-duty, to be scheduled in
conjunction with the Operations Division and the member’s District Chief.

D.

Certification Pay Incentive: Members shall earn a Certification Pay Incentive
equal to the difference between Paramedic Certification Pay and EMT Certification Pay
while in school (for a period of time not to exceed the program length). This incentive
will not be paid for any remedial training. The Certification Pay Incentive shall be placed
into a separate account. The member shall receive payment of the Certification Pay
Incentive upon successful completion of the course and presentation of State of Ohio
Paramedic Certification to the Fire Chief. The member would forfeit this Certification Pay
Incentive if the member fails to attain State of Ohio Paramedic Certification within nine
(9) months from the completion of paramedic school.

E.

Continuing Education: Members may attend monthly Continuing Education
classes once the member successfully completes the “Cardiology Section” of paramedic
school.

Section 38.2 The City shall pay the cost of all course requirements necessary to complete
paramedic training for all approved members enrolled in the Cincinnati Fire Department in-house
paramedic program.
A.

Classroom Time: The majority of the classroom time will be conducted on duty.
There may be times where due to holidays, etc. that the normal paramedic training
83

schedule may be altered and a member may be required to attend off duty. These
occurrences shall be kept to a minimum and it is anticipated that it will not exceed five9-hour days.
B.

Hours Bank: Due to staffing requirements within the CFD and the need to schedule
clinical time in advance, all clinical time will be conducted off duty. Hours spent in clinical
time may lengthen if the student has not completed minimal skills requirements.
Members will be compensated for this off duty time at the rate of 1-hour compensatory
time for every 2 hours of clinical time, not to exceed 55 hours of compensatory time.

C.

Ride-time: Members shall complete all “ride-time” on-duty, to be scheduled in
conjunction with the Operations Division and the member’s District Chief.

D.

Certification Pay Incentive: All members shall earn a Certification Pay Incentive
equal to the difference between Paramedic Certification Pay and EMT Certification Pay
while in school (for a period of time not to exceed the program length). This incentive will
not be paid for any remedial training. The Certification Pay Incentive shall be placed into a
separate account. The member shall receive payment of the Certification Pay Incentive
upon successful completion of the course and presentation of State of Ohio Paramedic
Certification to the Fire Chief. The member would forfeit this Certification Pay Incentive
if the member fails to attain State of Ohio Paramedic Certification within nine (9) months
from the completion of paramedic school.

E.

Continuing Education: Members may attend monthly Continuing Ed uca ti on
classes once the member successfully completes the “Cardiology Section” of paramedic
school.

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Section 38.3 The Fire Chief has the final determination on the selection applicants to the “in
house” paramedic program and external paramedic program and may elect to place additional
members into the in-house class as the department needs dictate. Cincinnati Fire Department
uniformed personnel shall have first priority for placement into the in-house program over any
external candidates.
ARTICLE 39- OFF-DUTY DETAIL PROGRAM
The City and the Union agree to meet during the term of this agreement to attempt to
mutually develop an off-duty detail program.

ARTICLE 40- DIVERSITY GOALS
The City of Cincinnati and the Union support racial and ethnic diversity and acceptance
throughout the City. The Union supports the Cincinnati Fire Department’s efforts to increase
racial and ethnic diversity within each fire station.
The Cincinnati Fire Department and the Union have undertaken efforts to achieve
diversity, such as incentive transfers. The Cincinnati Fire Department and the Union remain
committed to ensuring that diversity is promoted, valued, and supported within the Fire
Department, as there is a direct relationship between the human composition of these
institutions and the attitudes and image regarding the City of Cincinnati.
The City of Cincinnati and the Union recognize the intrinsic value and social benefit of
racially balanced public service institutions and urges the continued commitment to pursuing this
balance whenever possible.

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ARTICLE 41- DRUG FREE WORKPLACE COMMITMENT
The City of Cincinnati and the Union agree that the public has a right to expect that Fire
Fighters will be free from the effects of drugs and alcohol while on duty. Further, the City and the
Union encourage individuals who may have a drug and alcohol problem to seek confidential
assistance with the Public Employees Assistance Program (PEAP).
The Union recognizes that the City has the right to expect its employees to report to work
fit and able for duty. To ensure the safety of citizens and fire fighters, the Union agrees to
cooperate with the City in maintaining a drug and alcohol free workplace. (See attached Appendix
E).
ARTICLE 42- INTERNAL INVESTIGATION PROCEDURES
Section 42.1 Scope.
This Article is designed to address the procedures used for investigations of bargaining
unit members. Internal investigations shall be conducted by the fire department chain of
command and by sworn personnel assigned to the Internal Investigations Unit. The term
"investigator" refers to that individual(s) conducting such reviews, as applicable, under this
Article.
Section 42.2 Right to Representation.
A. When a member is to be questioned about or charged with an alleged violation of any
prescribed code of conduct, whether Divisional, Departmental or Citywide, or any other
infraction of rule or law, the member shall be entitled to Union representation, if so
requested, in any meeting in which the member is required to respond to such
questioning or charges. The member or their representative shall be entitled to a copy of
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any statement the member makes or any report they are required to make, including
access to any tape-recorded statement. Except in the case of misconduct that requires
immediate suspension, a member shall be entitled to ten (10) days advance notice before
any Divisional or Departmental hearing.
B. If requested by the member, an attorney shall be allowed to accompany the member
during all interview sessions. However, the attorney's unavailability shall not delay a
scheduled interview session provided that at least 24 hours notice has been given to the
member.
Section 42.3 Disclosure.
A. When a member is to be interviewed by the Internal Investigations Unit and/or Fire or
City Administration, or as a witness in an investigation of any other employee, the
member shall be advised of the circumstances giving rise to the interview.
B. If, during the interview of the witness, the investigator has reason to believe that the
member that is being interviewed has become a focus of the investigation or has provided
information which would cause the member to become a focus of another investigation
for which it would be reasonable for the investigator to believe that either departmental
or criminal charges may result, the investigator shall immediately notify the employee of
such belief and inform the member of their rights under this Article.
Section 42.4 Supervisory Action.
A. When, in the course of their duties, any supervisor witnesses an act for which they
reasonably believe that departmental charges may result and, if physical evidence is
present and the collection of that physical evidence is necessary to substantiate such
charges, that supervisor shall immediately collect that physical evidence.
87

B. Prior to any questioning concerning an act as addressed in this Article, which was
witnessed by a supervisor, the member shall be informed of their rights under this Article.
If an attorney is requested by the member, the supervisor need not wait more than two
(2) hours for the arrival of the attorney.
Section 42.5 Investigation Questioning.
A. Members shall be informed of the basic facts of the incident prior to any questioning by
the investigator and shall be informed, to the extent known at that time, whether the
investigation is focused on the member for a potential departmental charge. The member
shall be given a copy of any citizen complaint against them or a written summary of the
basic facts of the incident of any non-citizen complaint prior to any questioning of the
member being investigated. When the investigator reasonably believes that either
department or criminal charges shall result from a non-citizen complaint (if any), the
summary of the basic facts shall be in writing except when the investigator witnesses the
violation.
B. A member will not be asked questions that do not relate to the basic facts of the incident
unless, during questioning, other information is developed which could lead to additional
allegations against the employee. In such an event, the member shall again be advised by
the investigator of the potential for departmental charges. When requested, the member
shall be given a brief period of time, prior to any questioning, to locate and review any
written documents the employee possesses regarding the event(s) being investigated, so
the member can fully prepare to accurately and completely respond to the questioning.
An investigating officer may accompany a member during the brief search for and review of such
documents.
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C. Any anonymous complaint against a member received by the Internal Investigation Unit
shall not be the sole basis for an investigation of a member.
Section 42.6 Legal Rights.
All members interviewed as part of a departmental investigation shall be provided their
Garrity rights before questioning.
Section 42.7 Conduct of Interview.
Any interrogating, questioning, or interviewing of a member shall be conducted insofar
as practical at hours reasonably related to their shift, preferably during their working hours.
Interrogation sessions shall be for reasonable periods of time and reasonable time shall be
allowed during such questioning for attendance to physical necessities.
Section 42.8 Record of Interviews.
A. All interrogations and/or interviews of members conducted in conjunction with a Internal
Investigations Unit shall be audio recorded by the Fire Department at the request of either
party; and in the case of chain of command investigations, at the request of either when
the investigator reasonably believes that departmental charges may result. Subsequent
to the interview, the member and/or their attorney and/or Union Representative will be
afforded the opportunity, upon written request directly to the Chief or designee, to listen
to and make personal notes from or verify the accuracy of the audio recording made of
the members interview. If a transcript of the audio recording is made by the F i r e
Department, the member will be provided a copy of such transcript upon written request
directly to the Chief or his designee.
B. All video, audio, or other type of recordings of meetings, conferences, interviews and/or

89

interrogations used in the investigation of a case must be fully disclosed to either party
prior to the conducting of the meeting, conference, interview and/or interrogation.
Section 42.9 Insubordination.
Before a member may be charged with insubordination or like offense for refusing to
answer questions or participate in an investigation, they shall be advised that such conduct, if
continued, may be made the basis for such charge.
Section 42.10 Evidence of Admissibility.
A. Any evidence obtained in the course of an investigation through the use of administrative
pressures, threats, coercion, or promises shall not be admissible in any subsequent
criminal action or departmental hearing. However, explaining to a member that potential
corrective action could result if they continue to refuse to answer questions or participate
in an investigation shall not be construed as administrative pressures, threats, coercion
or promises.
B. Any evidenced obtained by the Fire Department or the Internal Investigations Unit that
may be used as evidence against a member shall be open for inspection and/or
independent evaluation and/or testing by the member.
Section 42.11 Written Reports.
The Department may conduct investigations of alleged misconduct by a member and
require members to submit written reports regarding such alleged misconduct. A member’s
failure or refusal to complete a report, after properly ordered to do so, may result in progressive
discipline.
Section 42.12 Access of Record.
A member, who is investigated for possible violations of the Cincinnati Fire Department
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Procedures Manual, or other misconduct, shall be provided access to the City's investigatory
transcripts, records, written statements, video recordings, and audio recordings. The member or
their attorney and/or Union Representative, when one is involved, may request and receive at
no cost, one copy of the documentation requested. The City may levy a reasonable charge for
any additional copy. The member or their attorney and/or Union Representative may be required
to sign a written acknowledgement of receipt. Such documents shall be provided within a
reasonable time following the request not to exceed 30 calendar days.
Section 42.13 Investigation Status and Outcome.
A. Once a member is notified of an ongoing investigation, the member and the Union may
request Internal Investigations to notify them in writing of the status of the investigation.
Such request may be made every thirty (30) calendar days until the investigation is closed
and the final report has been filed. Upon receipt, the City will respond within 10 calendar
days. For purposes of this section, an e-mail sent to the members City e-mail and sent to
the Union President’s e-mail shall constitute written notification. For investigations that
begin after the ratification of the labor agreement in 2024, absent mutual agreement
between the Fire Department and the Union, investigations shall be completed within
180 calendar days of the incident/report which led to the opening of the investigation.
B. For completed investigations of members that do not result in disciplinary charges, the
Fire Department shall provide a written report of the results of the investigation to the
member and the Union within ten (10) calendar days of the close of the investigation.
C. For completed investigations of members that result in disciplinary charges, the Fire
Department shall provide the hearing officers written report, with penalty
recommendation, to the member and the Union within thirty (30) calendar days of the
disciplinary hearing.

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D. Upon mutual agreement, the parties may agree to extend any timelines as set forth in
this Article.
Section 42.14 Violation.
If any of these procedures set forth within this Article are violated, such violations shall
be subject to the Grievance Procedure.
Section 42.15 External Investigation Procedures.
When any City entity outside of the Fire Department initiates an investigation of a
member and the City Manager orders the member to participate in such investigation, the
member shall have all rights that would otherwise apply to an investigation conducted by the
Internal Investigations Unit.

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APPENDIX A- WAGES
All employees of the Cincinnati Fire Department, covered by this Agreement, shall receive
a basic wage increase as outlined below which applies to all ranks and classifications within the
Cincinnati Fire Department:

Year 1: 5% (increase to take effect retroactive to December 10, 2023) & $1000 lump sum
payment on or before 12/3/2024
Year 2: 4% (increase to take effect December 8, 2024) & $500 lump sum payment on or
before 12/17/2024
Year 3: 3% (increase to take effect December 7, 2025)

’Me-too’ with FOP on wages and any other percentage-based or across the board
compensation in the form of supplemental or certification pay.

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APPENDIX B- HEALTH CARE PLANS
TERMS OF COVERAGE
For Firefighters hired prior to 4/27/2016, EFFECTIVE January 1, 2017
Premium Share
Deductible
Co-insurance
Out-of-pocket
Maximum
Prescriptions
(generic/brand/non-formulary)

Single
7.5%
$300
$600
20% to $1,200
50% to $2,400
$1,500
$3,000
$10/$20/$30

Network
Non-network
Network
Non-network
Network
Non-network

Family
7.5%
$600
$1,200
20% to $2,400
50% to $4,800
$3,000
$6,000
$10/$20/$30

For Firefighters hired prior to 4/27/2016, EFFECTIVE January 1, 2018
Single
Family
Premium Share
10%
10%
Deductible
Network
$300
$600
Non-network
$600
$1,200
Co-insurance
Network
20% to $1,200
20% to $2,400
Non-network
50% to $2,400
50% to $4,800
Out-of-pocket
Network
$1,500
$3,000
Maximum
Non-network
$3,000
$6,000
Prescriptions
$10/$20/$30
$10/$20/$30
(generic/brand/non-formulary)
For Firefighters hired after 4/27/2016, EFFECTIVE January 1, 2017
Premium Share
Deductible
Co-insurance
Out-of-pocket
Maximum

Single
10%
$500
$1,000
20% to $1,500
50% to $3,000
$2,000
$4,000

Network
Non-network
Network
Non-network
Network
Non-network
94

Family
10%
$1,000
$2,000
20% to $3,000
50% to $6,000
$4,000
$8,000

Prescriptions

$10/$20/$30

$10/$20/$30

(generic/brand/non-formulary)

Effective January 1, 2007

Anthem Health Insurance Comparison Chart

BENEFIT

Paycheck
Deduction

BLUE ACCESS 80/20
Network
Level 200
Deductions come out 1 month in
advance.

Non-Network
Not applicable

7.5% deduction effective 1/1/2017
10.0% deduction effective 1/1/2018
The benefits comparison sheet is meant to be a summary of your benefits only.
Once a plan is selected, the Benefits Certificate will serve as the final document for detailing coverage.
ALL CHARGES LISTED WITH A PERCENTAGE ARE FIRST SUBJECT TO AN ANNUAL DEDUCTIBLE.
Maximum Annual Single - $300 deductible then 20%
Single - $600 deductible then 50%
Out of Pocket
coinsurance.
coinsurance.
Until you reach $1,200.
Until you reach $2,400.
(See previous page Then coverage at 100%.
Then coverage at 100%.
for premium share, Total = $1,500
Total = $3,000
deductibles, coinsurance, and out Family - $600 deductible then 20%
Family - $1,200 deductible then 50%
of pocket
coinsurance.
coinsurance.
maximums for new Until you reach $2,400.
Until you reach $4,800.
Firefighters)
Then coverage at 100%.
Then coverage at 100%.
Total = $3,000
Total = $6,000
Rx is not included above.
Prescriptions always require a co-pay.

Rx is not included above.
Prescriptions always require a co-pay.

Network Sizes

Approx. 1400 pcp and 2200 specialists

Not applicable.

Dependents
(over age 19)

Unmarried children to end of the year age 24, Unmarried children to end of the year age 24, if
if main residence is with subscriber & are
main residence is with subscriber & are eligible
eligible as Federal tax exemptions.
as Federal tax exemptions.

Lifetime Max.
amount per
individual.

$2 million combined.
Network and non-network.

$2 million combined.
Network and non-network.

Disease Management Prog.

Covered.

Not covered.

Maternity

Deductible & then 20% co-insurance applies.
Dependent female children are covered for
maternity benefits. Their newborn will be
covered after legal guardianship is obtained.

Deductible & then 50% co-insurance applies.
Dependent female children are covered
for maternity benefits. Their newborn will
be covered after legal guardianship is obtained.

Mental Health
Providers

Blue Access uses the Anthem Behavioral
See inpatient &/or outpatient treatment of
Health Network. Go to www.Anthem.com for mental/nervous disorders for amounts of coproviders or call 1-800-887-6055
pays.
No referral needed.

Office Calls

Deductible & then 20% co-insurance applies. Deducible & then 50% co-insurance applies.

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Prescription Drugs Member pharmacy
Covered at 50%.
-30 day supply
Does not count for out of pocket maximums
$10-formulary generic
$20-formulary brand name
Mail Order - not covered
$30-non-formulary brand name
Mail Order-90 day supply
$20-formulary generic
$40-formulary brand name
$60-non-formulary brand name
Supplies for diabetes and asthma clients may
be covered from 80% up to 100%.
Referrals
Routine
Mammograms
& Routine PAP
testing

No referrals needed unless physician
requires it.
Covered in full.

Deductible & then 50% co-insurance applies.

Routine Hearing Covered in full. One routine test covered per Deductible & then 50% co-insurance applies.
Evaluation
year.
Routine Vision
Covered in full. One routine test covered per Deductible & then 50% co-insurance applies.
Exam
year.
Wellness/
Covered in full.
Deductible & then 50% co-insurance applies.
Preventive
(physical exams) &
Immunizations
Alcoholism/
Drug Addiction

Inpatient Substance Abuse programs are
Deductible & then 50% co-insurance applies.
limited to 2 per lifetime.
Inpatient & outpatient substance abuse
Limited to 30 days per confinement. Inpatient programs (limit of 2 per lifetime) Combined with
mental health.
care must be pre-certified.
Deductible & then 20% co-insurance applies.
50 Outpatient visits. Visits are combined with
Mental Health.

Allergy Treatment Testing & treatment Deductible & then 20% Deductible & then 50% co-insurance applies.
co-insurance applies.
Anesthesia
Deductible & then 20% co-insurance applies. Deductible & then 50% co-insurance applies.
Blood

Deductible & then 20% co-insurance applies. Deductible & then 50% co-insurance applies.

Chiropractor
(Spinal
manipulation
services)

Deductible & then 20% co-insurance applies. Deductible & then 50% co-insurance applies.
Limit 12 visits per year.
Limit 12 visits per year combined with network.

Durable Medical & Deductible & then 20% co-insurance applies.
Surgical Supplies Certain supplies are covered under
prescription drug card.
Does NOT cover general items such as
bandages, thermometers, etc.
May need claim form.

Deductible & then 50% co-insurance applies.
Certain supplies are not covered.
Does NOT cover general items
such as bandages thermometers, etc. May need
claim form.

Emergency Room Deductible & then 20% co-insurance applies. Deductible & then 20% co-insurance applies.

96

Home Health Care Deductible & then 20% co-insurance applies. Deductible & then 50% co-insurance applies.
Custodial care is not covered under any plan. Non-network is limited to 30 visits. Custodial
care is not covered under any plan.
Hospital Inpatient Deductible & then 20% co-insurance applies. Deductible & then 50% co-insurance applies.
Hospice

Deductible & then 20% co-insurance applies.
If medically necessary.
Deductible & then 20% co-insurance applies.
Applicable co-pays depends on place of
service & covered to diagnosis.
Fertility treatment is not covered.

Deductible & then 50% co-insurance applies. If
medically necessary.
Deductible & then 50% co-insurance applies.
Only to diagnosis.
Fertility treatment is not covered.

Inpatient Hospital Deductible & then 20% co-insurance applies.
Medical/ Surgical No annual day limit, length of stay based on
Stay
medical necessity.
Must have authorization to admission for
scheduled admissions.
60 day limit on stays for physical medicine
and rehab.

Deductible & then 50% co-insurance applies. No
annual day limit, length of stay based on
medical necessity.
Must have authorization to admission for
scheduled admissions.
60 day limit on stays for physical medicine and
rehab.

Infertility

Inpatient
Limited to 30 days annually.
Deductible & then 50% co-insurance applies.
Treatment of
Deductible & then 20% co-insurance applies. Limited to 30 days annually.
Mental/ Nervous
Disorders
Local Ambulance

Deductible & then 20% co-insurance applies. Deductible & then 50% co-insurance applies.

Maxillary or
Deductible & then 20% co-insurance applies
Mandibular
if medically necessary and authorized in
Osteotomies of
advance.
TemproMandibular Joint
dysfunction (TMJ)
Oral Surgery

Deductible & then 50% co-insurance applies.
If medically necessary and authorized in
advance.

Deductible & then 20% co-insurance applies. Deductible & then 20% co-insurance applies.
Expenses will be covered if for repair to an
Expenses will be covered if for repair to an
injury as a result of an accident. For initial
injury as a result of an accident. For initial repair
repair of an injury to jaw, sound natural teeth, of an injury to jaw, sound natural teeth, mouth
mouth or face which are required as a result or face which are required as a result of an
of an accident. Initial repair must be within 12 accident. Initial repair must be within 12
months.
months.

Out-of-area
Deductible & then 20% co-insurance applies. Deductible & then 20% co-insurance applies.
Emergency
Out patient
Deductible & then 20% co-insurance applies. Deductible & then 50% co-insurance applies.
diagnostic services
Out patient
Deductible & then 20% co-insurance applies Deductible & then 50% co-insurance applies.
Hemodialysis
Out patient
Surgery
Out patient
Treatment of
Mental/ Nervous
Disorders

Deductible & then 20% co-insurance applies. Deductible & then 50% co-insurance applies.
Limited to 50 visits annually.
Limited to 50 visits annually combined with
Deductible & then 20% co-insurance applies. network.
Deductible & then 50% co-insurance applies.

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Physical Therapy Physical & occupational
Physical & occupational
and Occupational - Outpatient (60 visit limit annually)
- Outpatient (60 visit limit annually) Deductible
Therapy
Deductible & then 20% co-insurance applies. & then 50% co-insurance applies.
Inpatient (60 days for physical med. & rehab. Inpatient (60 days for physical med. & rehab.
(annual)),
(annual)).
Pre-admission
Deductible & then 20% co-insurance applies.
testing
Private duty
Deductible & then 20% co-insurance applies.
nursing
Must be pre-approved
Prosthetic Devices/ Deductible & then 20% co-insurance applies.
Durable Medical Repair or replacement due to growth or
Equipment
additional needs of affected member is
subject to medical necessity

Deductible & then 50% co-insurance applies.
Deductible & then 50% co-insurance applies.
Must be pre-approved.
Deductible & then 50% co-insurance applies.
Repair or replacement due to growth or
additional needs of affected member is subject
to medical necessity

Radiotherapy
Deductible & then 20% co-insurance applies. Deductible & then 50% co-insurance applies.
& Chemotherapy
Skilled Nursing
Facility
Surgery

Deductible & then 20% co-insurance applies. Deductible & then 50% co-insurance applies.
Days must be pre-authorized.
Days must be pre-authorized.
Deductible & then 20% co-insurance applies. Deductible & then 50% co-insurance applies.

Surgical Assistance Deductible & then 20% co-insurance applies. Deductible & then 50% co-insurance applies. If
If medically necessary.
medically necessary.
Urgent Care Center Deductible & then 20% co-insurance applies. Deductible & then 50% co-insurance applies.
Transplants Kidney, Cornea,
heart, lung &
pancreas, liver.

Covered in full.
$1 million lifetime maximum applies.

Tissue Transplant
Including Bone
Marrow

Deductible & then 50% co-insurance applies.
Does not apply towards out of pocket
maximums.
$1 million lifetime maximums applies, combined
with network.

If you go out-of-network, the City cannot control the doctor's offices from balance billing for any differences
between what Anthem pays and what Anthem states is your co-pay.

98

APPENDIX C- GRIEVANCE MEDIATION PROCEDURES
In recognition of the desirability of resolving disputes by mutual agreement, the Union
and the City, hereinafter referred to as the “parties,” mutually agree to the following policies and
procedures for the mediation of grievances pending arbitration, pursuant to the provisions of
Article 6 of the collective bargaining agreement between the parties.
1. Grievance mediation is available to the parties at Step Three of the grievance procedure.
2. A grievance will be referred to mediation at the request of the Union unless the parties
mutually agree to not mediate a particular grievance. The Union shall provide the City
with a copy of the grievance filing that will be heard at mediation at the time of referral
to mediation.
3. The parties shall mutually agree to a mediator to serve in the capacity of grievance
mediator. The mediator must be an experienced mediator and/or arbitrator with
mediation skills. The mediator may serve as an arbitrator for the same issue for which he
or she is a mediator only with the agreement of both parties.
4. The mediator will be asked to provide a schedule of available dates. Cases will be
scheduled in a manner which assures that the mediator will be able to handle multiple
cases on each date, unless otherwise mutually agreed. If multiple cases are to be heard,
the Union shall provide the City with a copy of all grievance filings that they are referring
to mediation.
5. The grievant shall be represented by the Union and shall have the right to be present at
the mediation conference. The City and the Union may each have no more than three (3)
representatives (not counting the grievant) as participants in the mediation effort.
6. The mediator may employ all of the techniques commonly associated with mediation,
99

including private caucuses with the parties. The taking of oaths and the examination of
witnesses shall not be permitted, and no verbatim record of the proceeding shall be
taken. The purpose of the mediation effort is to reach a mutually agreeable resolution of
the dispute. There will be no procedural constraints regarding the review of facts and
arguments. There shall be no formal evidence rules. Written materials presented to the
mediator will be returned to the party presenting them at the conclusion of the mediation
conference.
7. Mediation efforts will be informal in nature and shall not include written opinions or
recommendations from the mediator unless mutually agreed to by the parties and the
mediator. In the event that a grievance which has been mediated is appealed to
arbitration, there shall be no reference in the arbitration proceeding to the fact that a
mediation conference was or was not held. Nothing said or done by the mediator or the
parties may be referenced or introduced into evidence at the arbitration hearing.
8. At the mediation conference the mediator shall first seek to assist the parties in reaching
a mutually satisfactory settlement of the grievance which is within the parameters of the
collective bargaining agreement. If a settlement is reached, a settlement agreement will
be entered into in writing at the mediation conference. The mediator shall not have the
authority to compel the resolution of a grievance.
9. If a grievance remains unresolved at the end of the mediation conference the mediator
may, if requested by either party, render a verbal opinion as to how the grievance is likely
to be decided if it is presented at arbitration. This opinion is non-binding and inadmissible
in any subsequent arbitration proceeding.

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10. If a settlement is not reached, the matter may go forward to Step Four Arbitration Level.
All applicable time limits for appealing a grievance to arbitration contained in the
collective bargaining agreement shall commence on the day of the mediation conference.
11. The dates, times and places of mediation conferences will be determined by mutual
agreement of the parties. Each party shall designate a representative responsible for
scheduling mediation conferences.
12. The parties agree to hold grievance mediations within 30 calendar days after a grievance
is advanced to mediation, provided the mediator has dates available in that 30 calendar
day period. If the mediator does not have available dates in the 30 calendar day window,
the first available date that works for both parties shall be used.
13. The fees and expenses to be charged by the mediator shall be negotiated between him
or her and the parties. Fees and expenses for grievance mediation shall be paid equally
by the City and the Union.
14. The parties agree to mutually examine and review the grievance mediation process and
procedures adopted herein twelve (12) months from the date of execution of the
collective bargaining agreement. The purpose of said examination and review is to revise,
alter, correct or otherwise improve the grievance mediation process and procedures if
such is deemed necessary.

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APPENDIX D- CERTIFICATION AGREEMENT
Certification Agreement for Heavy Rescue/ Bomb
Technician
(CIRCLE ONE)

I,
transferred to

(MEMBERS NAME)

, a non- certified member who has voluntarily
, agree to enroll in the next Fire Department

(COMPANY)

approved program and attain certification. I fully understand that I shall forfeit my position
on my Company and may be subject to automatic transfer if I fail to qualify for, am no longer
a member in good standing of, or do not successfully complete the course and present
certification to the Fire Chief or his designee within twelve (12) months from the date of my
voluntary transfer. An extension of the twelve (12) month time period may be granted, by
the Human Resources Bureau Assistant Chief, for members in good standing of a Fire
Department approved program and to members who, through no fault of their own, are
unable to attain certification within the twelve (12) month period.
I understand that if I fail to successfully complete the Fire Department approved
program, I shall not be eligible to sign a subsequent Certification Agreement without prior
approval of the Human Resources Bureau Assistant Chief.
This Certification Agreement shall be considered completed upon presentation of
the certification to the Fire Chief or his designee.
Member Signature:

Date: ________________

Immediate Supervisor:

Date:________________

District Chief:

Date: ________________

Assistant Chief:

Date:________________

102

APPENDIX E - EMPLOYEE ALCOHOL AND DRUG TESTING
Section 1.

Statement of Policy.

It is the policy of the City of Cincinnati that the public has the right to expect persons
employed by the City in its Fire Department will be free from the effects of drugs and alcohol.
The City, as the employer, has the right to expect its employees to report for work fit and able
for duty and to set a positive example for the community. The purposes of this policy shall be
achieved in such manner as not to violate any established constitutional rights of the
employees of the Fire Department.
Section 2.

Testing Information.

All employees shall be informed of the Fire Department drug and alcohol testing
policy. No employee shall be tested before they have been provided a reasonable opportunity
to obtain this information.
Section 3.

Prohibitions.

Employees shall be prohibited from:
a) Reporting to work or working under the influence of alcohol;
b) Consuming alcohol at any time during the workday or consuming alcohol anywhere
on any City premises or job sites, including City buildings, properties, vehicles and the
employee's personal vehicle while engaged in City business, (provided that employees
who decline overtime opportunity due to consuming alcohol four (4) hours prior to
the start of work shall not be penalized in terms of their position on the overtime list
or disciplined for declining a call-out for this reason);

103

c) Possessing, using, selling, purchasing, manufacturing, dispensing or delivering any
illegal drug at any time and at any place;
d) Abusing any prescription drug;
e) Failing to adhere to any limitations or restrictions imposed by their physicians in
connection with any prescribed medications, and immediately reporting to their
supervisor any restrictions imposed by their physicians.
Section 4.
A. i.

Drug and Alcohol Testing Permitted.
Reasonable Suspicion. Reasonable suspicion must be based on specific,

contemporaneous, articulable observations concerning the appearance, behavior,
speech, or body odors of the employee. The observations may include indications of
chronic and/or withdrawal effects of alcohol/drugs. The supervisor shall record, in
writing, his observations which created a reasonable suspicion. The supervisor shall
immediately seek a second supervisor to confirm such suspicion. The second
supervisor shall also record, in writing, his observations which confirm reasonable
suspicion.
ii.

When reasonable suspicion that an employee is under the influence of

drugs/alcohol is documented, the employee will be immediately removed from duty.
The employee shall be immediately transported to the City’s designated collection site
for drug/alcohol testing, by a supervisor.
The department shall take all reasonable steps to prevent the employee from
driving, up to and including transporting the employee home if necessary. If it is not
possible to prevent the employee from driving, the Department shall notify the Police.
After drug/alcohol testing, the employee will be placed in a SWP or SWOP status until
104

the drug/alcohol test results are known.
iii.

If a reasonable suspicion alcohol test is not administered within two hours following the
determination that the employee should be tested, the supervisor shall prepare and
maintain on file, a written record stating the reasons the test was not administered. If an
alcohol test or drug test is not administered within eight hours of determination, attempts
to administer an alcohol test shall cease, and the supervisor shall state in the written record
the reasons for not administering the test. Employees shall not be subjected to random
medical testing involving blood or urine analysis or other similar or related tests for the
purpose of discovering possible drug or alcohol abuse, except as specifically provided for
in this Appendix E.
B. Random Testing. During the workday, employees required to carry a firearm are subject to
random testing for drugs or alcohol. The annual number of such random tests shall total a
maximum of 6 employees covered by this Contract. The 6 set forth above shall be divided
as follows: a maximum of 3 of the members shall be tested for Alcohol and a maximum of
3 of the members shall be tested for drugs. Such tests shall be spread reasonably
throughout the year. The City shall contract with an outside contractor who shall select
employees for random testing using a scientifically valid method and lists of employees
supplied by the City each month.
Employees notified of their selection for random testing shall proceed
immediately to the collection site. Employees who are on approved leave, off duty, or
already absent at the time of their selection will be excused but remain subject to future
random testing.
C. Post Accident. An Employee driving on duty who is involved in a vehicular accident, or an
105

employee driving a city vehicle whether on or off duty, shall be tested for drugs and
alcohol as soon as practical following the accident if any of the following occurs:
i.

The accident involves the loss of human life or bodily injury to any person who,

as a result of the injury, receives emergency medical treatment away from the scene
of the accident; or
ii.

The driver receives a citation under state or local law for a moving traffic

violation arising from the accident or;
iii.

One or more motor vehicles incurring disabling damage as a result of the

accident, requiring the motor vehicle to be towed away from the scene;
iv.

The accident causes damage to property other than a motor vehicle and the

investigating supervisor reasonably believes that the property damage is of an
amount greater than $5,000.00
Notwithstanding the above, when the investigating supervisor determines
immediately after the accident that the accident was not caused by negligence on the
part of the employee, (e.g. the employee is stopped and gets rear-ended by another
driver), the employee will not be required to submit to post-accident testing.
Section 5.

Order to Submit to Testing.

An employee's refusal or failure, when ordered, to promptly submit to a test
permitted by and properly ordered under the provisions of this Appendix shall subject the
employee to discipline, but the employee's taking of the test shall not be construed as a
waiver of any objection or rights that he may possess. The principle of "obey and then grieve"
shall apply in the event of a dispute over whether a test is permitted and properly ordered
under this Appendix.
106

Section 6.

Test to be Conducted.

In conducting the testing authorized by this Contract, the City shall comply with the
following:
a) The lab performing drug tests shall be federally certified to do drug testing. The facility
collecting and testing breath specimens shall hold all legally necessary licenses.
b) Collection of breath and urine samples shall be conducted in a manner which is
consistent with HHS guidelines. Strict chain of custody procedures which are
consistent with HHS guidelines must be followed for all samples. The Union and the City
agree that the security of the specimens is absolutely necessary. Therefore, the City
agrees that if the chain of custody of a sample is broken in any way, any positive test
shall be invalid and may not be used for any purpose.
c) Urine specimens shall be collected in private, except in the circumstances described in
49
C.F.R. §40.25(e)(2), or as set forth herein.
d) A split urine sample shall be collected in all cases of drug testing for an independent
analysis in the event of a positive test result. All urine samples must be stored and
preserved in a manner that conforms to HHS guidelines.
e) Employees have the right for a Union representative to be present during any precollection interviews of employees intended to determine whether reasonable suspicion
exists, but the exercise of such right shall not unreasonably delay the collection of the
sample. For alcohol tests, "unreasonable delay" means twenty (20) minutes or more; for
drug tests, "unreasonable delay" means two (2) hours. Prior to submitting a urine or
breath specimen, the employee will be required to sign a consent-refusal form and will
be subject to discipline for refusing to sign such a form; provided, an employee's refusal
107

to consent is not a waiver of any objection to the test the employee would otherwise
have.
f) The City's drug testing lab will confirm any urine sample that tests positive in initial
screening for drugs by testing a portion of the same sample by gas chromatography/mass
spectrometry (GC/MS). All positive confirmed samples and related paperwork must be
retained for at least twelve (12) months or (provided written notice is given the lab by the
City or Union, before the expiration of the twelve (12)-month period) for the duration of
any grievance, disciplinary action or legal proceeding, whichever is longer.
g) The City will provide employees who test positive for drugs with an opportunity to have the
split urine or blood specimen tested by a clinical laboratory or hospital facility of the
employee's choosing, at the employee's own expense, providing the employee notifies
the City within seventy-two (72) hours of receiving the positive results and provided
further that the laboratory or clinic and the testing procedure, including chain of custody,
meets or exceeds the standards established in this Appendix. If the drug test from the
laboratory chosen by the employee is negative, the city will fully reimburse the member
for the cost of the second drug/alcohol test.
h) The City will require that its drug testing lab and breath testing facility report that a
specimen is positive only if both the initial screening and confirmation test are positive.
Drug test results shall be evaluated by the Medical Review Physician in a manner to ensure
that an employee's legal drug use and diet are properly taken into account when
evaluating the test results. For the purpose of this Appendix, a positive drug test result

108

means the presence of drugs and/or their metabolites in an employee that equals or exceeds
the levels set forth in Section 7 below. The parties agree that should any information
concerning such testing or the results thereof be obtained by the City inconsistent with the
understandings expressed herein (e.g., billings for testing that reveal the nature or number of
tests administered), the City will not use such information in any manner or form adverse to
the employee's interests.
i)

With regard to alcohol testing, the vendor contracted by the City shall assure that only
federally certified individuals using certified equipment shall conduct initial tests. An initial
positive alcohol level of .04 grams per 210L of breath shall be considered positive for
purposes of authorizing the conduct of the confirming alcohol test. If initial screen results
are negative, i.e., below the positive level, testing shall be discontinued, all samples
destroyed and records of the testing expunged from the employee's personnel file. Only
employees with screen test results that are positive on the initial screen shall be subject to
confirmation testing for alcohol. With respect to confirmation testing, a second positive
alcohol level shall be .04 grams per 210L of breath. If confirmatory testing results are
negative, i.e., below the positive level, all records of the testing shall be expunged from the
employee's personnel file.

j)

Provide each employee tested with a copy of all information and reports received by the City
in connection with the testing and the results.

Section 7.

Drug Testing Standards (HHS Standards).

A. Screening Test Standards. The lab shall use an immunoassay which meets the requirements
of the Food and Drug Administration for commercial distribution. The following initial
immunoassay test cutoff levels shall be used when screening urine
specimens to determine whether they are negative for the eight (8) drugs or classes of
109

drugs:
Initial Test Level
Marijuana metabolites

50ng/ml Cocaine

metabolites

300ng/ml Opiate

metabolites*

2000ng/ml

Phencyclidine

25ng/ml

Amphetamines

1000ng/ml

Methaqualone

200ng/ml

Benzodiazepines

300ng/mi

Barbiturates

200ng/ml

*If immunoassay is specific for free morphine, the initial testing level is 25ng/ml. (These
numbers may be revised to remain consistent with HHS guidelines.)
B. Confirmatory Test Standards. All urine specimens identified as positive on the initial screening
test shall be confirmed using GC/MS techniques at the cutoff levels listed below.
confirmations shall be by quantitative analysis.
Confirmatory Test Levels Marijuana
metabolites*

15ng/ml Cocaine

metabolites**

150ng/ml

Opiates: Morphine

2000ng/ml

Codeine

300ng/ml

Phencyclidine

25ng/ml

Amphetamines: Amphetamine

500ng/ml

Methamphetamine

500ng/ml

Methaqualone

200ng/ml

Benzodiazepine

300ng/ml

Barbiturates

200ng/ml

* Delta 9 tetrahydrocannabinol 9 carboxylic acid
**Benzoyl ecgonine
(These numbers may be revised to remain consistent with HHS guidelines.)
110

All

C. Testing for Other Prescription Drugs. Any tests for prescription drugs not listed above shall
use the screening test cut-off levels and the confirmatory GC/MS test cut-off levels for such
drugs established by the testing laboratory selected by the City in accordance with the standards
established by this Contract or HHS standards, if any.
D. Medical Review Physician ("MRP"). The Medical Review Physician must be a licensed
physician who is familiar with the characteristics of the tests used (sensitivity, specificity, and
predictive value) and the facilities running the tests. The MRP shall not be 1. Affiliated with the
City’s Employee Health Service or 2. An employee of the City of Cincinnati. The role of the MRP
will be to review and interpret positive drug test results. He shall examine alternate medical
explanations for any positive test results. This may include conducting a medical interview with
the affected employee, review of the employee's medical history, review of the chain of custody
and review of any other relevant biomedical factors. The MRP must review all medical records
made available by the testing employee when a confirmed positive test could have resulted from
legally prescribed medication. An employee shall be expected to cooperate promptly with the
MRP. The MRP may verify a test as positive without interviewing the affected employee if more
than five (5) days elapse after the MRP first attempts to telephone the employee.
E. Return to Duty: Prior to returning to duty after testing positive for drugs/alcohol the
employee shall submit to a drug/alcohol test. The employee shall be administered the
same screen(s) (drug and/or alcohol) that was used in obtaining the original positive result.
The employee may return to duty upon satisfying the applicable conditions below:
•

Employees that are recommended to attend an in-patient treatment and/or rehabilitation
program: Successful completion of the treatment and/or rehabilitation program as

111

determined by the City’s Substance Abuse Professional (SAP) and obtainment of a negative
drug/alcohol test.
•

Employees that are recommended to attend an out-patient treatment and/or
rehabilitation program: Obtainment of a negative drug/alcohol screen. The employee shall
be returned to duty prior to completion of the out-patient treatment and/or rehabilitation
program; however, they must complete the program within the scope and duration
determined by the SAP. Failure to complete the program within the scope and duration
determined by the SAP may lead to corrective action.

•

Employees that are recommended to attend an education program: Obtainment of a
negative drug/alcohol screen. The employee shall be returned to duty prior to completion of
the education program; however, they must complete the program within the scope and
duration determined by the SAP. Failure to complete the program within the scope and
duration determined by the SAP may lead to corrective action.

Section 8.

Disciplinary Action.

The City will not discharge an employee who tests positive a first time, but may suspend such
employee. The length of such suspension shall be determined on a case-by-case basis but shall not
exceed two 24-hour shifts (for 48-hour employees) or 4 (four) 10-hour calendar days (for 40-hour
employees) unless the employee has failed before the end of such suspension period to provide the
City with the results of an evaluation. This limitation on discipline shall not limit the City in imposing
additional discipline for gross misconduct which may be coincident with an employee's improper
drug or alcohol use. In order to avoid additional discipline, the employee (who tests positive the first
time) must:
112

a) Cooperate in an evaluation for chemical dependency by an individual qualified under 49
C.F.R. Part 382 to be a Substance Abuse Professional and provide the City with a copy of the
evaluation;
b) Successfully complete all counseling, treatment or after-care (of up to twelve (12) months)
recommended by the Substance Abuse Professional;
c) Discontinue (and not resume) the use of illegal drugs and/or misuse of alcohol;
d) Agree to authorize all persons involved in evaluating, counseling, diagnosing and treating the
employee to disclose to the personnel specified in Section 12, the employee's evaluation,
progress, cooperation, drug and alcohol use and successful completion or non-completion
of counseling and treatment, and any threat to property or safety involved in the employee
performing job duties or returning to active duty;
e) Agree to submit to follow-up testing, at times determined by the City, up to eight (8) times per
twelve (12) month period for thirty-six (36) months, (i.e., the thirty- six (36) month period
beginning after the employee's return from suspension); and,
f) Agree that during this period in (e), above, if the employee tests positive again or otherwise
violates this Appendix the employee may be subject to discipline.
Employees who do not agree to act or who do not act in accordance with the foregoing shall be
subject to discipline. This Appendix shall not be construed as an obligation on the part of the City to
retain an employee on active status throughout the period of rehabilitation if it is appropriately
determined that the employee's current use of alcohol or drugs prevents such individual from
performing his duties or whose continuance on active status would constitute a direct threat to the
property and safety of others.

113

Employees who test positive more than once are subject to discipline. Employees who refuse to
cooperate in a permitted test are subject to discipline.
Section 9.

Right of Appeal.

The employee has the right to challenge the results of the drug or alcohol tests and any
discipline imposed. Any evidence concerning test results which is obtained in violation of the
standards contained in this Appendix shall not be admissible in any disciplinary proceeding involving
the employee.
Section 10.

Voluntary Request for Assistance.

An employee may voluntarily enter rehabilitation without a requirement of prior testing. Any
employee who does so shall not be disciplined, provided such employee has not been directed to
take a test prior to submission to voluntary rehabilitation, but the employee must:
a) Agree to cooperate in and successfully complete appropriate treatment as determined by the
Substance Abuse Professional(s) or physician(s) involved;
b) Discontinue use of illegal drugs or misuse of alcohol;
c) Agree to authorize persons involved in counseling, diagnosing and treating the employee to
disclose to the City's personnel as specified in Section 12, the employee's progress,
cooperation, drug and alcohol use, completion or non- completion of counseling and
treatment and any threat to property or safety perceived in connection with the employee's
continued performance of his or her job duties;
d) Complete any course of counseling or treatment prescribed, including an "after- care" group
for a period of up to twelve (12) months; and,
e) Agree to submit to random testing up to eight (8) times per twelve (12) month period for the
following thirty-six (36) months, (i.e., the thirty-six (36) months following entry into
114

treatment).
Employees who do not agree to act or who do not act in accordance with the foregoing shall be
subject to discipline. This Appendix shall not be construed as an obligation on the part of the City to
retain an employee on active status throughout the period of rehabilitation if it is appropriately
determined that the employee's current use of alcohol or drugs prevents such individual from safely
performing his duties or whose continuance on active status would constitute a direct threat to
property or safety.
Section 11.

Treatment.

Treatment and rehabilitation costs arising out of the employee's first use of such services
shall be paid for by the employee's insurance program, subject to any deductible, co-payment
and policy limits under the employee's insurance program. Employees will be allowed to use their
accrued and earned leave (vacation, holiday, sick leave, or comp time) or at the employee’s option,
take an unpaid leave of absence for the necessary time off involved in a rehabilitation program.
Other than as specified in this Section or required by law, the City shall have no obligation to pay for
or insure treatment or rehabilitation.
Section 12.

Employee Assistance Program.

The City provides a Public Employee Assistance Program (PEAP). Voluntary requests for
assistance with drug and/or alcohol problems shall be held strictly confidential by the PEAP. Only
upon written authorization by the employee may the PEAP inform the Fire Chief, the Human
Resources Director, or their designees, of any such request or any treatment that may be given and
those City employees shall hold such information strictly confidential. All such information shall also
be available to the Union officer(s) to whom disclosure is specifically authorized if the employee
authorizes such disclosure, in writing. An employee voluntarily seeking assistance shall not be
115

disciplined under this Appendix for seeking such assistance (except for failure to fulfill obligations
under Section 10 of this appendix).
Section 13.

Duty Assignment After Treatment.

Once an employee successfully completes rehabilitation, he shall be returned to his regular
duty assignment (provided the employee is then in compliance with Section 8 or 10, whichever
applies). Once treatment and any follow-up care is completed, and the applicable contract
expungement period has passed (without any positives or any drug/alcohol policy violations) since
the employee returned from a suspension after an initial positive or voluntarily requested assistance
under Section 10, the employee's personnel file shall be purged of any
reference to his drug or alcohol problem, and all such records shall be stored by the City in a
completely separate medical file.
Section 14.

Union Held Harmless.

This drug and alcohol-testing program was initiated at the request of the City. The City
assumes sole responsibility for the administration of this policy and shall be solely liable for any legal
obligations and costs arising out of the provisions and/or application of this Contract relating to drug
and alcohol testing. The Union shall be held harmless for the violation or alleged violation of any
employee rights arising from the City's administration of the drug and alcohol-testing program.
Section 15.

Changes in Testing Procedures.

The parties recognize that during the life of this Contract there may be improvements in the
technology of testing procedures which provide more accurate testing. In that event, the parties
agree to refer such changes for discussion at the LMC.
Section 16.

Conflict With Other Laws.

This Appendix is in no way intended to supersede or waive any constitutional rights that the
116

employee may be entitled to under the Federal or State constitutions.
Section 17.

Definitions.

"Illegal Drugs" means controlled substances listed in 21 C.F.R. Part 1308 that are not being used
under the supervision of a licensed health care professional, or otherwise in accordance with
federal law.
"Abuse of Prescription Drugs" means (i) to use a prescribed drug contrary to the instructions of
the doctor or dentist who prescribed it or the instructions that accompany the drug, (ii) to obtain
prescription drugs under false pretenses, or (iii) to obtain multiple prescriptions for the same or
similar drug without full disclosure to the prescribing health care professional.
"Misuse of Alcohol" means to consume ethyl, methyl or isopropyl alcohol in violation of this
Appendix, any applicable last chance agreement or the written recommendations of any person or
program treating or counseling the employee for chemical dependency.
"Refuse Cooperate to" means (i) to obstruct the specimen collection process, (ii) to attempt to
or to tamper with the collection or testing process, or (iii) to fail to provide breath and urine
specimens adequate for testing when directed to do so, without promptly establishing a medical
basis for the failure to provide such specimens. If the employee is alleged to have tampered with
the initial specimen, the employee shall be given the opportunity to provide a second specimen in
the presence of a lab employee. This second specimen shall be collected at the time the first
specimen is questioned.
"Under the Influence of Alcohol" means an alcohol concentration of .04 or more or actions,
appearance, speech or body odors which cause two supervisors to conclude that an employee is
unable to work safely or effectively because of alcohol consumption.

117

PAY RATES

PAY RATES 1

EFFECTIVE December 10, 2023
Rank
FF-R
FF-PR
FF-1
FF-2
FF-3
FF-4
Paramedic Training Officer (PTO)
Specialist
Fire Apparatus Officer (FAO)
Lieutenant
Captain
Fire District Chief
Certification Pay
Rank
EMT
Special
Paramedic
FF-R
FF-PR
FF-1
FF-2
FF-3
FF-4
Paramedic Training Officer (PTO)
Specialist
Fire Apparatus Officer (FAO)
Lieutenant
Captain
Fire District Chief

Annual
$51,726.77
$68,279.79
$77,509.78
$80,435.62
$83,367.51
$86,306.33
$89,758.79
$93,210.84
$93,210.84
$100,115.34
$116,133.79
$134,715.20

Bi-Weekly
$1,989.49
$2,626.15
$2,981.14
$3,093.70
$3,206.42
$3,319.47
$3,452.26
$3,585.03
$3,585.03
$3,850.59
$4,466.68
$5,181.35

Annual
$3,452.27
$6,041.47
$8,630.67

40-Hour
$24.87
$32.83
$37.26
$38.67
$40.08
$41.49
$43.16
$44.81
$44.81
$48.13
$55.83
$64.77

Bi-Weekly
$132.78
$232.36
$331.95
$
$
$
$
$
$
$
$
$
$
$
$

$
$
$$ $ $
$
$ $ $
$ -

-

48-Hour
$20.73
$27.36
$31.05
$32.22
$33.40
$34.58
$35.96
$37.35
$37.35
$40.11
$46.53
$53.97

40Overtime
$37.30
$49.24
$55.90
$58.01
$60.12
$62.24
$64.73
$67.22
$67.22
$72.19
$83.75
$97.15

Rolled into salary
Rolled into salary
Rolled into salary
Rolled into salary
Rolled into salary
Rolled into salary
Rolled into salary
Rolled into salary
Rolled into salary
Rolled into salary
Rolled into salary
Rolled into salary

These pay rates include the 5% across-the-board, along with the 2.5% salary adjustment that resulted from the
Firefighter certification pay roll-in to the base salaries.
1

118

PAY RATES

PAY RATES

EFFECTIVE December 8, 2024
Rank
FF-R
FF-PR
FF-1
FF-2
FF-3
FF-4
Paramedic Training Officer (PTO)
Specialist
Fire Apparatus Officer (FAO)
Lieutenant
Captain
Fire District Chief

Annual
$53,795.93
$71,010.73
$80,610.17
$83,653.05
$86,702.21
$89,758.92
$93,348.99
$96,939.34
$96,939.34
$104,120.03
$120,779.24
$140,103.91

Bi-Weekly 40-Hour
48-Hour
$2,069.07
$25.87
$21.56
$2,731.19
$34.14
$28.45
$3,100.39
$38.75
$32.29
$3,217.45
$40.22
$33.51
$3,334.67
$41.68
$34.73
$3,452.25
$43.15
$35.96
$3,590.35
$44.88
$37.40
$3,728.43
$46.61
$38.84
$3,728.43
$46.61
$38.84
$4,004.62
$50.06
$41.72
$4,645.35
$58.07
$48.39
$5,388.61
$67.36
$56.13

Annual
$3,590.36
$6,283.12
$8,975.89
$
$
$
$
$
$
$
$
$
$
$
$
-

Bi-Weekly
$138.09
$241.66
$345.23
$
$
$
$
$
$
$
$
$
$
$
$
-

Certification Pay
Rank
EMT
Special
Paramedic
FF-R
FF-PR
FF-1
FF-2
FF-3
FF-4
Paramedic Training Officer (PTO)
Specialist
Fire Apparatus Officer (FAO)
Lieutenant
Captain
Fire District Chief

119

Rolled into salary
Rolled into salary
Rolled into salary
Rolled into salary
Rolled into salary
Rolled into salary
Rolled into salary
Rolled into salary
Rolled into salary
Rolled into salary
Rolled into salary
Rolled into salary

Overtime
$38.79
$51.21
$58.14
$60.33
$62.52
$64.73
$67.31
$69.91
$69.91
$75.08
$87.10
$101.04

PAY RATES

EFFECTIVE December 7, 2025
Rank
FF-R
FF-PR
FF-1
FF-2
FF-3
FF-4
Paramedic Training Officer (PTO)
Specialist
Fire Apparatus Officer (FAO)

Annual
$55,409.81
$73,141.05
$83,028.48
$86,162.64
$89,303.28
$92,451.68
$96,149.46
$99,847.52
$99,847.52

Bi-Weekly 40-Hour
$2,131.14 $26.64
$2,813.13 $35.16
$3,193.41 $39.91
$3,313.97 $41.42
$3,434.71 $42.93
$3,555.81 $44.44
$3,698.06 $46.23
$3,840.29 $48.01
$3,840.29 $48.01

48-Hour
$22.20
$29.31
$33.26
$34.52
$35.77
$37.04
$38.52
$40.00
$40.00

Overtime
$39.96
$52.74
$59.88
$62.14
$64.40
$66.67
$69.33
$72.01
$72.01

Lieutenant
Captain
Fire District Chief

$107,243.63
$124,402.62
$144,307.03

$4,124.76
$4,784.71
$5,550.27

$51.56
$59.81
$69.38

$42.97
$49.84
$57.82

$77.34
$89.72
$104.07

Annual
$3,698.07
$6,471.62
$9,245.17
$
$
$
$
$
$
$
$
$
$
$
$
-

Bi-Weekly
$142.23
$248.91
$355.58
$
$
$
$
$
$
$
$
$
$
$
$
-

Rolled into salary
Rolled into salary
Rolled into salary
Rolled into salary
Rolled into salary
Rolled into salary
Rolled into salary
Rolled into salary
Rolled into salary
Rolled into salary
Rolled into salary
Rolled into salary

Certification Pay
Rank
EMT
Special
Paramedic
FF-R
FF-PR
FF-1
FF-2
FF-3
FF-4
Paramedic Training Officer (PTO)
Specialist
Fire Apparatus Officer (FAO)
Lieutenant
Captain
Fire District Chief

120

CINCINNATI FIRE FIGHTERS UNION
IAFF LOCAL 48

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Matt Alter, President

CliY OF CINCINNATI

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She��- Long, City Manager

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Frank McKinley, Fire Chief
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Thomas C. Donovan, 2"" Vice Prasfdent

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Timothy kloepter, Sec.-Treasurer

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· Melissa Arnold, Recording Secretary

Kelsey 1<,ra[do, Depul.y Director, Human Resources

Nathan cox
Andrew Wlckamam
Shawn Bonner
Brian Doering
Merk Sandere (Assistant Chief's Liaison)

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Heidi Rosales, Sr. Assistant Solicitor

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Andrew Dudas, Budget Director

Additional Local 48 Negotiation Team Members:

Joseph Elliot

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