HomeMy WebLinkAboutCity of Tamarac Resolution R-82-2021
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Introduced by 41ATemp. Reso. #2372
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-82- o2oo2
A RESOLUTION PROVIDING FOR ACCEPTANCE OF THE
AGREEMENT WITH THE INTERNATIONAL ASSOCIATION
OF FIREFIGHTERS, LOCAL 2600, AND AUTHORIZING
THE PROPER CITY OFFICIALS TO EXECUTE SAID
AGREEMENT ON BEHALF OF THE CITY OF TAMARAC.
WHEREAS, the City of Tamarac and the International Associa-
tion of Firefighters, Local 2600, have collectively bargained in good
faith and have reduced said bargaining to an agreement, and the City
Council of the City of Tamarac, Florida, is desirous of approving
said agreement and providing for the proper execution of said agree-
ment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: That that certain Agreement by and between the
City of Tamarac and the International Association of Firefighters,
Local 2600, for the period from October 1, 1982 to September 30,
1985, is hereby approved. A copy of the said Agreement is attached
hereto and made a part hereof.
SECTION 2: The appropriate City Officials (Mayor, City Clerk
City Manager) are hereby authorized to execute said agreement on be-
half of the City of Tamarac.
SECTION 3: This Resolution shall become effective immediatel,
upon its final passage.
PASSED, ADOPTED AND APPROVED this 0201 day of ,1982
OR
ATTEST:
ASSISTANT CITY CLERK
MAYOR:
I HEREBY CERTIFY that I DISTRICT
have approved the form and DISTRICT
correctness of thi�
RESOLUTION. DISTRICT
DISTRICT
RECORD OF COUNCIL VOTE
AGREEMENT
Between
THE CITY OF TAMARAC
And
THE PROFESSIONAL FIREFIGHTERS OF TAMARAC
LOCAL 2600
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS
1
1
1
ARTICLE 1
AGREEMENT
This Agreement is entered into by Tamarac, Florida, hereinafter
referred to as the "City" and Local 2600 of the International Association of
Firefighters hereinafter referred to as the "Union". It is the purpose of this
Agreement to promote harmonious relations between the City and its employees and
to establish an orderly and peaceful procedure in the settlement of differences
which might arise and to provide for joint collective bargaining in the
determination of wages, hours and other conditions of employment of employees
covered by this Agreement.
1.
TABLE OF CONTENTS
PAGE
ARTICLE
1
AGREEMENT .....................................
1
ARTICLE
2
RECOGNITION ...................................
2
ARTICLE
3
MANAGEMENT RIGHTS .............................
3,4
ARTICLE
4
NON-DISCRIMINATION ............................
5
ARTICLE
5
WORK STOPPAGES ................................
6
ARTICLE
6
CHECKOFF ......................................
7,8,9
ARTICLE
7
PROBATIONARY EMPLOYEES ........................
10
ARTICLE
8
RULES AND REGULATIONS .........................
11
ARTICLE
9
BULLETIN BOARDS ...............................
12
ARTICLE
10
GRIEVANCE PROCEDURE ...........................
13,14
ARTICLE
11
ARBITRATION ...................................
15,16
ARTICLE
12
SENIORITY .....................................
17,18
ARTICLE
13
PROMOTIONAL EXAMINATIONS ......................
19,20
ARTICLE
14
ON THE JOB INJURY ............0................
21,22
ARTICLE
15
SICK LEAVE ....................................
23
ARTICLE
16
VACATION ......................................
24
ARTICLE
17
HOLIDAY .......................................
25
ARTICLE
18
BEREAVEMENT LEAVE .............................
26
ARTICLE
19
LEAVES OF ABSENCE .............................
27
ARTICLE
20
UNION BUSINESS ................................
28
ARTICLE
21
OVERTIME PAY ..................................
29
ARTICLE
22
CALL BACK PAY .................................
30
ARTICLE
23
UNIFORM ALLOWANCE .............................
31
.ARTICLE
24
EDUCATION .....................................
32
ARTICLE
25
EDUCATIONAL INCENTIVE .........................
33
ARTICLE
26
MEDICAL COVERAGE PROGRAM ......................
34
ARTICLE
27
PAY SCALE .....................................
35
ARTICLE
28
LONGEVITY PAY .................................
36
ARTICLE
29
CIVIL SUITS ...................................
37
ARTICLE
30
BASIC WORK WEEK AND WORKING CONDITIONS ........
38
ARTICLE
31
SPECIAL DETAILS ...............................
39
ARTICLE
32
PREVAILING RIGHTS .............................
40
TABLE OF CONTENTS
PAGE
ARTICLE
33
TERMINATION OF BENEFITS .......................
41
ARTICLE
34
SAVINGS CLAUSE ................................
42
ARTICLE
35
PROHIBITION AGAINST REOPENING OF NEGOTIATIONS..
43
ARTICLE
36
TERM OF AGREEMENT .............................
44
1
1
1
ARTICLE 1
AGREEMENT
This Agreement is entered into by Tamarac, Florida, hereinafter
referred to as the "City" and Local 2600 of the International Associacion of
Firefighters hereinafter referred to as the "Union". It is the purpose of this
Agreement to promote harmonious relations between the City and its employees and
to establish an orderly and peaceful procedure in the settlement of differences
which might arise and to provide for joint collective bargaining in the
determination of wages, hours and other conditions of employment of employees
covered by this Agreement.
1.
l
1
ARTICLE 2
RECOGNITION
The City hereby recognizes the Union as the exclusive bargaining
representative for all employees in the following appropriate unit:
INCLUDED: All full-time Fire Fighters,
Driver -Engineers.
Fire Lieutenants.
EXCLUDED: Fire Chief, Assistant Fire Chief, Fire Captains, Fire
Inspector and all other employees of the City.
2.
ARTICLE 3
MANAGEMENT RIGHTS
Except as otherwise provided for in this Agreement, the Union
recognizes the right of the City to operate, manage and direct all affairs of
the Fire Department and the City including the exclusive right:
A. To manage and direct all employees of the City and the Fire
Department.
B. To hire, re -hire, promote, transfer, schedule, assign and retain
employees in positions with the City.
C. To suspend, demote, discharge, lay off or take other disciplinary
action against employees for just cause.
D. To maintain the efficiency of the operations of the City and the
Fire Department.
E. To determine the structure and organization of City government
including the right to supervise, sub -contract, expand, consolidate
or merge any department and to alter, combine or reduce any
division thereof.
F. To determine the number of all employees who shall be employed by
the City, the job make-up, activities, assignments and the number
of hours and shifts to be worked per week including starting and
quitting time of all employees.
G. To determine the number, types and grades of positions or employees
assigned to an organizational unit, department or project, and the
right to alter, combine, reduce, expand or cease any position.
H. To determine internal security practices.
It is understood by the parties that every incidental duty connected
with operations enumerated in job descriptions is not always specifically
described and employees, at the discretion of the City, may be required to
perform duties not within their job description, but within the realm of related
duties.
The City shall formulate all department policies and procedures
including rules and regulations which will serve as a guide for the conduct,
3.
L
1
responsibilities and duties of all employees covered by this Agreement. The
use, location, operation and personnel policies including care and maintenance
of any equipment or property of the City used by the Fire Department shall be
subject to the exclusive direction and control by the City.
Any right, privilege, benefit or function of the City and the Union
members not specifically released or modified by this Agreement shall remain in
full force and effect. Should the City or the Union fail to exercise their
rights from time to time, this shall not be construed or deemed a waiver of the
City's or the Union's preogative to exercise any or all rights or functions
listed in this Agreement.
4.
ARTICLE 4
NON-DISCRIMINATION
No employee covered by this Agreement will be discriminated against by
the City and/or the Union with respect to any job benefits or other conditions
of employment accruing from this Agreement because of Union membership or non -
Union membership. Further, no employee covered by this Agreement will be
discriminated against by either party to this Agreement because of race, sex,
national origin or religion.
1
5.
ARTICLE 5
WORK STOPPAGES
The Union agrees that its members will not engage in strikes, slow
downs, boycotts, stoppage or work, refusal of assignments, or any -interference
with efficient management and operation of the Fire Department and the City.
It is recognized by: the parties that the activities enumerated in
paragraph 1, above, are contrary to the laws of the State of Florida and the
City shall be entitled to seek and obtain legal and/or equitable relief in any
court of competent jurisdiction.
I
6.
ARTICLE 6
CHECKOFF
1. Any member of the Union who is covered by this Agreement and who
has submitted a properly executed dues deduction card in accordance with the
below -prescribed format may, by request in writing, have his/her membership in
the Union deducted from his/her wages. Dues shall be deducted bi-weekly and
shall be transmitted to the Union within thirty (30) days. If an employee does
not have a payroll check due him/her, or if the check is not large enough to
satisfy the deduction, no collection shall be made from the employee for that
month.
2. The City shall have neither responsibility nor liability for any
monies once sent to the Employee Organization, nor shall the City have any
responsibility for the improper deduction of dues. The employee Organization
shall hold the City harmless for any and all errors in the administration of the
dues deduction system. Further, the Employee Organization will hold the City
harmless against any and all claims made and against any suits instituted
against the City on account of this Article.
3. The Union shall notify the City of the amount of Union dues. Such
notification will be certified to the City in writing over the signature of an
authorized officer of the Union.
4. It shall be the responsibility of the Employee Organization to
notify the Finance Director, in writing, of any change in the amount of dues to
be deducted at least thirty (30) days in advance of said change. Under no
circumstances shall the City be required to deduct initiation fees or Union
fines, penalties or assessments from the wages of any member.
5. Any member of the Employee Organization may, on thirty (30) days'
notice to the City and the Employee Organization, request that the City cease
deducting from his/her wages. A Union official (President, Vice President,
Secretary or Treasurer) shall verify by a form to be provided in this contract
that the member has notified the Union of the request to cease deducting dues.
6. The Employee Organization agrees to pay the City the following sums
to be deducted by the City in its check off transmittal of Employee
7.
Organization dues to the Employee Organization as provided for below:
(a) New employee "tie in" to the payroll deduction plan --- $2.50
per empl oyee;
(b) Revocation of dues deduction authorization --- $2.50 per
employee; and
(c) Dues alteration --- $2.50 per employee.
A request for dues deduction must be submitted to the City on the
following form:
AUTHORIZATION FOR DEDUCTION OF IAFF DUES
I hereby authorize the City of Tamarac to deduct from my wages, bi -
weekly, the current normal IAFF dues and to transmit this amount to the
Treasurer of the Local 2600, International Association of Fire Fighters.
I understand that this authorization is voluntary and that I may revoke
at any time by giving the City notice in writing.
Date Signed
Payro]17Social Security Number
A request to the City to cease dues deductions must be submitted
to
the City on the following form:
INSTRUCTIONS TO STOP PAYROLL DEDUCTION OF IAFF DUES
I hereby instruct the City of Tamarac to stop deducting from my wages
bi-weekly the current normal dues for Local 2600, International Association of
Fire Fighters. I have notified Local 2600 of the revocation.
Date Signed
ayro oci a ecuri ty Number
VERIFICATION OF NOTICE TO UNION REGARDING DUES DEDUCTIONS
I ( )� ( ) of the
IAFF Local 2600 verify that as notified the Union of
his/her intention to cease deducting ues rom is/her wages.
Date Signed
a
ARTICLE 7
PROBATIONARY EMPLOYEES
Parties agree that the Probationary Period shall be one year from the
date of employment as Firefighters. An employee shall be formally reviewed once
after three months, six months and then again after nine months from date of
hire. These reviews shall in no way affect the employee's salary, but rather
shall be a means of notifying the employee, supervisor : and City Manager of the
employee's progress. Three, six and nine month reviews reflecting less than
satisfactory progress may be one cause for immedi.ate.termination of employment.
At any time during the Probationary Period, the Fire Chief or City
Manager may terminate the employee. Any termination prior to expiration of the
probationary period shall be final with no right of appeal of any type under any
of the terms of this Agreement. Upon the conclusion of the Probationary Period
if the Fire Chief and City Manager recommend continuance of employment, the
employee shall be given regular status and shall be entitled to a one step
increase.
There shall be no extension of the Probationary Period.
Any employee on probation on October 1, 1982 shall continue on
probation for the time periods set forth in City Regulations prior to that
date.
Notwithstanding any provision of the Agreement, job benefits for
employees in the areas of leave shall continue as the same in existence prior to
October 1, 1982.
A permanent employee shall be placed on a six month probationary period
at the time of promotion. The supervisor shall review the employee after the
six months and make his/her recommendations to the City Manager for
consideration of permanent status in the classification.
10.
1
ARTICLE 8
RULES AND REGULATIONS
The Union agrees that its members shall comply with all Fire Department
rules and regulations, including those related to conduct and work performance.
Such rules and regulations shall form a part of this Agreement as the same may
be amended from time to time. Such rules and regulations shall be amended only
after consultation with the Union President or his/her designee. All new and
existing members will be issued a copy of the City of Tamarac's updated version
of the rules and regulations that pertain to the Fire Department. Any changes
in the rules and regulations shall be consistent with the Article pertaining to
Management Rights. A current copy of the rules and regulations will be.
available.
11.
ARTICLE 9
BULLETIN BOARDS
The City shall furnish one (1) bulletin board per Station for the
exclusive use of Local 2600, International Association of Fire Fighters,for
posting of bulletins, notices and other Association materials. Any notice or
item placed on the bulletin board shall bear on its face the legible designation
of the person responsible for placing such item or notice on the bulletin board.
A copy of each notice to be posted shall be submitted to the Fire Chief or
his/her designee prior to posting. Under no circumstances shall the Employee
Organization tender for posting any notice containing material tending to,
directly or indirectly, disparage any elected or, appointed official or employee
of the City.
12.
ARTICLE 10
GRIEVANCE PROCEDURE
In a mutual effort to provide a harmonious working relationship between
the parties to this Agreement, it is further agreed and understood by the
parties that there shall be a procedure for the resolution of grievances
involving the application or interpretation of this Agreement and grievances
involving discharge, suspension, demotion or any other adverse personnel action
against a member covered by this Agreement.
Every effort will be made by the parties to settle any grievance as
expeditiously as possible. Failure to observe the prescribed time limits by
either party shall amount to an abandonment of its position and a resolution of
the grievance in favor of the other party. Any decision not appealed or any
grievance settled, other than one settled through binding arbitration shall not
constitute a procedure for the interpretation of this Agreement nor shall it be
used as a basis for future decision.
Grievances shall be presented in the following manner and every effort
shall be made by the parties to secure the prompt disposition of such
grievances.
Step 1. All grievances by members of the bargaining unit will be
processed through a grievance board comprised of a President, Vice President,
Secretary and Treasurer to alleviate unnecessary grievances. A Union official
may accompany an employee through each step of the grievance procedure. The
member shall first take up his/her grievance with his/her immediate supervisor
within five (5) days of the occurrence of the event(s) which gave rise to the
grievance. Such contact between the member and his/her immediate supervisor
shall be on an informal and oral basis.
Step 2. Any grievance which cannot be satisfactorily settled with the
immediate supervisor shall be reduced to writing by the member and shall next be
taken up with the Fire Chief. Such grievance shall be presented to the Chief in
writing within five (5) days of the deadline date for completion of Step 1. The
Fire Chief shall, within five (5) days after presentation of the grievance (or
such longer period of time as is mutually agreed upon), render his/her decision
on the grievance in writing with a copy to the Union.
13.
Step 3. In the event a member is not satisfied with the disposition of
the grievance in Step 2, he/she shall have the right to appeal the Fire Chief's
decision to the City Manager or his/her designee within five (5) days of the
date of the issuance of the Fire Chief's decision. 1 Such appeal must be
accomplished by the filing of a copy of the original written grievance together
with a letter signed by the member, or at the member's option, the
Representative of the local Union, requesting that the Fire Chief's decision be
,reversed. The City Manager shall within ten (10) days of the filing of the
appeal (or some longer period of time as is mutually .agreed upon) render his/her
decision in writing with a copy to the Union.
When a grievance is general in nature in that it applies to a number of
members rather than a single member or if the grievance is directly between the
local Union and the Department or the City, such grievance shall be presented in
writing directly to the Fire Chief within the time limits provided for
submission of a grievance in Step 1. The grievance shall be signed by the
aggrieved members or the Representative of the local Union. Thereafter, the
grievance shall be processed in accordance with the procedures in Steps 2 and
3.
The parties desire to give this Collective Bargaining Agreement the
maximum force and effect and do hereby agree that this grievance procedure shall
be the sole and exclusive method of resolving any dispute concerning
interpretation of any provision of this Agreement: In the event the grievance
procedure is utilized to pursue a grievance over discharge, suspension or
demotion, the arbitration procedure set forth in the Arbitration Article shall
also apply if invoked.
14.
ARTICLE 11
ARBITRATION
In the event a grievance processed through the grievance procedure set
forth in Article 10 has not been resolved, the grievant may submit the grievance
to a Board of Arbitration within fifteen (15) days after the City Manager or
his/her designee renders a written decision on the grievance. The Board of
Arbitration shall be comprised of one (1) representative of the City, one (1)
representative of the local Union and a third impartial person selected by the
parties to the Agreement. In the event the parties are unable to agree upon
said third (impartial) person within ten (10) days, the parties shall jointly
request the Federal Mediation and Conciliation Service and/or American
Arbitration Association to furnish a panel of seven (7) names from which each
party shall have the option of alternately striking names thus leaving the
seventh (7th) which will give a neutral or impartial arbitrator.
The City and the member (or the local Union) shall mutually agree in
writing as to the statement of the grievance to be arbitrated prior to the
arbitration hearing and the Board of Arbitration, therefore, shall confine its
decision to the particular grievance thus specified. In the event the parties
fail to agree upon the statement of the grievance to be submitted to the Board
of Arbitration, the Board of Arbitration will confine its consideration and
determination to the written statement of the grievance presented in Step 2, of
the Grievance Procedure.
The Board of arbitration shall have no authority to change, amend, add
to, subtract from or otherwise alter or supplement this Agreement or any part
thereof or amendment thereto. The Board of Arbitration shall have no authority
to rule upon any matter which is stated in this Agreement not to be subject to
arbitration or which is not a grievance as defined in this Agreement; nor shall
this Collective Bargaining Agreement be construed by the Board of Arbitration to
supercede applicable laws in existence at the time of signing of this Agreement,
except to the extent as specifically provided herein.
Each party shall bear the expense of its own witnesses and of its
representatives. The impartial arbitrator's, fee and related expenses and
15.
Cl
expense of obtaining a hearing room, if any, shall be equally divided between
the parties. Any party desiring a transcript of the hearing shall bear the cost
of such transcript unless both parties mutually agree to share the cost.
The parties shall make their choice of the impartial arbitrator within
five (5) days after the receipt of the panel from the Federal Mediation and
Conciliation Service and/or the American Arbitration Association. Copies of the
Board of Arbitration's award made in accordance with the jurisdiction and
authority under this Agreement shall be furnished to both parties within thirty
(30) days of the closing of the Arbitration Hearing. The arbitrator's award
shall be final and binding.
The grievance and arbitration procedure herein shall have no
application to the resolution of disputes between parties concerning the terms
of a new collective bargaining agreement to replace this Agreement.
16.
RnTf PI r 1Q
SENIORITY
Seniority shall consist of continuous accumulated paid service with the
City. Seniority shall be computed from the date of hire, as recorded on the
personnel action form. Wherever applicable, seniority in rank shall have
preference. Seniority shall be utilized for the following purposes:
(a) Vacations for each calendar year shall be drawn by employees
on a basis of seniority preference; provided, however, that the City
shall retain the right to disregard seniority preference in the event
that it becomes necessary to do so in order to provide adequate
coverage in any given vacation period. Nothing contained herein shall
be interpreted as restricting the City's right to cancel all vacations
during any given period in the event of disaster or emergency;
(b) In the event of personnel reduction, employees shall be laid
off in the inverse order of their seniority in their classification;
provided, however, that where two (2) or more employees have seniority
standing within sixty (60) days of each other, the City shall determine
the order of layoff based on education and the last written peformance
evaluation. If more than one (1) classification is affected, an
employee laid off from a higher classification shall be given an
opportunity to revert to the next lower classification, provided that
he/she is fully qualified to perform the work in that lower
classification.
Employees shall be recalled from layoff in accordance with their
seniority in the classification from which they were laid off. No new employee
shall be hired in any classification until all employees on layoff status in
that classification have had an opportunity to return to work; provided,
however, that in the discretion of the Fire Chief, such employees are physically
and mentally capable of performing the work available at the time of recall. No
laid off employees shall retain recall rights beyond twelve (12) months from
date of layoff.
17.
I]
An employee being recalled shall be notified by certified mail (return
receipt) and shall have twenty one (21) calendar days from the date of mailing
of notice to respond affirmatively. If the City fails to receive an affirmative
response, the employee shall be removed from the recall list and the City shall
have no further obligation to the employee.
18.
ARTICLE 13
PROMOTIONAL EXAMINATIONS
Promotional examinations shall be administered by the Personnel
Director or his/her designated representative who shall administer such
examinations for classifications included in the bargaining unit once every two
years or in the event that such a promotional list is depleted prior to the
expiration of a two year period, within 90 calendar days following such
depletion.
Eligibility lists shall coincide with the beginning of a fiscal year.
For purposes of this bargaining agreement, eligibility lists currently in effect
for the positions of Driver Engineer and Fire Lieutenant shall expire on
September 30, 1982.
Tests for all positions shall be administered within the proper time
limits to enable the new list to be certified as of the expiration date of the
list being replaced.
The closing date of applications for promotional exams shall not be
less than thirty (30) days from the date of initial announcement of examination.
All sources of information used for written examinations shall be published and
made known to promotional candidates at the time of initial announcement.
Promotional examinations for classifications included in the
bargaining unit shall consist of two parts: #1 - written test, 50%, #2 - oral
interview, 50%.
Promotional candidates who achieve a grade of 65 or above on the
written portion of this examination shall be eligible to take the oral
examination. A grade of 65% or better is also required on the oral interview to
be considered as a candidate on the eligibility list.
All positions of the bargaining unit shall be filled from the
eligibility list. These appointments shall be made in relation to top scores.
When recommending appointments, the Fire Chief shall have the right to choose
from the top three candidates. Anyone passed over for a promotion, will be
counselled by management.
19.
1
Provisional appointments may be made to vacancies where no list is
available for a period not to exceed 180 days, with approval of the City
Manager.
ELIGIBILITY FOR POSITIONS WITHIN
1. Driver Engineer - A. One or more years as a firefighter with the City of
Tamarac, after completion of the initial probationary period. (Two (2) years
from date of employment as a firefighter).
B. Must complete with a minimum grade average of "B",
three credit hours in Fire Science, specifically Apparatus and
Procedures at an accredited institution, within one (1) year of
promotion to Driver Engineer or be returned to the position from which
promoted.
C. Any employee who has completed the three credit hours
at the time of the testing procedure for Driver Engineer, will receive
three points to be added on to the final grade point average of the
written and oral examinations.
2. Fire Lieutenant - A. Two or more continuous years as a permanent
firefighter with the City of Tamarac. (Three years from data of em to met
firefighter).
B. Must be or have been (within the last two calendar
years) on an eligibility list for the class of Driver Engineer.
C. Must complete with a minimum grade average of "B",
nine credit hours in Fire Science, specifically Apparatus and
Procedures, Administration I or II and Tactics and Stragegy I or II, at
an accredited institution, within one year of promotion to Fire
Lieutenant or be returned to the position from which promoted.
D. Any employee who has completed the nine credit hours
at the time of the testing procedure for Fire Lieutenant, will receive
five points to be added on to the final grade point average of the
written and oral examinations.
VETERANS PREFERENCE
Veterans Preference points shall be added to the passing grade of
eligible employees in accordance with Florida Statutes.
20.
ARTICLE 14
ON THE JOB INJURY
Any employee who is disabled during the course of his/her tour of duty
wi th the City of Tamarac's Fire Department, which disability would be
compensated under the Workers' Compensation Statutes, shall be paid his/her full
salary for the time which would have been worked within the equivalent of one
firefighters average work week, including the time lost on the day of the
injury. Thereafter, the City will supplement the employees' Workers'
Compensation, social security disability, or any benefits to which he/she may be
entitled so that the employee shall receive eighty-five (85%) of his/her gross
bi-weekly base pay until such time as the employee returns to work, terminates
or retires.
The employee shall be required to return to the City any benefits
he/she may have received from the City which exceed the above specified
benefits, and such return may be accomplished through payroll deductions if
necessary. It is intended by the parties that no employee seeking benefits
under this section shall ever receive more than one hundred percent (100%) of
his/her bi-weekly base pay from the City.
When so directed by the City, any employee on disability leave shall
present himself/herself for an examination at any reasonable time to any
physician designated by the City. The City will bear the full expense of said
examination. The failure of any such employee to present himself/herself for an
examination as directed will operate to automatically terminate his/her
disability leave.
An employee covered by this Agreement may accept outside employment of
any kind or nature whatsoever, and may engage in any form of self-employment
while on disability leave upon written notification to the Fire Chief.
Whenever an employee on disability leave becomes physically able to
perform some useful light duty work for the City, he/she may be required to do
so as a condition to receiving the benefits specified in paragraphs 1 and 2,
above.
21.
9
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If a member of this department is injured or collapses during a fire,
that member shall have blood drawn by a County Paramedic on the scene, if
possible. If not possible, blood shall be drawn at the nearest medical facility
for the presence and level of toxicity of carbon monoxide, and any other toxic
gases.
The City shall recognize Florida Statutes §112.18, 175.231 and the
Florida Workers' Compensation Statute, as the same may be amended from time to
time, pertaining to firefighter disability.
22.
ARTICLE 15
SICK LEAVE
Sick leave time will be earned at the rate of 10.8 hours for each month
of service. There will be no limit to the amount of sick leave days
accumulated.
Sick leave shall be granted for the following reasons:
A. Personal illness or physical incapacity to such an extent as to be
rendered thereby unable to perform the duties of his/her position.
B. Attendance upon members of the family within the household of the
employee whose illness requires the care of such employee.
C. Enforced quarantine when established by the Department of Health or
other competent authority for the period of such quarantine.
An employee who is absent from work due to an illness or disability may
be required to submit a physician's statement of physical condition. When
deemed necessary, the Department Head may require proof of any illness.
An employee covered by this Agreement may receive compensation for
accrued sick leave in excess of 288 hours anytime during his/her employment with
the City at the following rate:
ACCUMULATED HOURS % OF BUY BACK
288 hours - 564 hours 25%
565 hours - 930 hours 50%
Over 930 hours 100%
At time of separation in good standing, an employee who has accumulated
288 or more hours of sick leave shall be paid at the following rate.
ACCUMULATED HOURS % OF BUY BACK
288 hours - 564 hours 25%
565 hours - 930 hours 50%
Over 930 hours 100%
Any member of the bargaining unit that does not avail himself/herself
of any accumulated sick leave during any fiscal year, shall accrue one (1)
additional twenty-four (24) hour tour of vacation leave on the last day of that
fiscal year.
23.
1
ARTICLE 16
VACATION
Employees covered by this Agreement shall accrue paid vacation time as
follows:
(a) 0-5 years' employment: 10.8 hours for each completed month of
service.
(b) 6-10 years' employment: 14 hours for each completed month of
service.
(c) After 10 years' employment: 16 hours for each completed month
of service.
The
above vacation
accrual schedule
is not intended
to have a retroactive
effect
and
accordingly,
any increase in
vacation time
accrued shall begin as
of the
effective date of this Agreement.
Vacation time may accumulate, but not in excess of 324 hours.
Any employee who is separated from the service (resignation, death,
retirement or discharge) shall be compensated in cash for all accrued and unused
vacation time, at his/her regular (straight time) rate of pay at the time of
separation, provided that the employee has been approved for benefits by the
City Manager.
Schedules for vacation shall be subject to the approval of the Fire
Chief and shall be based upon the needs of the department.
24.
I
ARTICLE 17
HOLIDAY
All employees covered by this Agreement, in pay status when a holiday
occurs, shall receive, in addition to his/her regular pay, twelve (12) hours pay
at his/her straight time hourly for each of the following holidays:
New Years Day
Presidents Day
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
Day After Thanksgiving
Christmas Day
All employees covered by this Agreement shall be allowed one twenty-
four (24) hour tour of duty as personal leave.
All accrued holiday pay as of December 1st of each year will be paid in
one lump sum on the first pay period in December.
25.
N
ARTICLE 18
BEREAVEMENT LEAVE
In the event of a death in the immediate family of an employee, the
employee shall be granted up to one twenty-four hour shift off with pay. If the
death occurs during the employee's work shift, that shift on which the death
occurs shall not be counted. An additional twenty-four hour shift will be
granted for out of state funerals. The compensation for this additional
twenty-four shift will be paid from a Kelly Day or any accrued leave time
available (sick leave, personal leave, vacation leave, compensatory time).
Immediate family shall be defined as spouse, children, mother, father,
sister, brother, grandmother, grandfather, father or mother-in-law,
grandchildren, son or daughter-in-law, brother or sister-in-law and, upon proof,
any person in the general family whose ties would normally be considered
immediate family and living within the same household.
The City reserves the right to require documentation supporting
approval of bereavement leave after the employee returns to work.
Applications may be made to the City Manager and/or her designee
through the Fire Chief for extension of bereavement leave. The compensation for
this additional leave will be paid from any accrued leave time available (sick
leave, personal leave, vacation leave, compensatory time).
26.
ARTICLE 19
LEAVES OF ABSENCE
Leaves of absence without pay for a period not to exceed thirty (30)
days may be granted to an employee member with permanent status for any
reasonable purpose by the City Manager and/or his/her designee. Such leaves may
be renewed or extended for any reasonable purpose not to exceed ninety (90)
days.
Any member may, upon request, be granted a leave of absence without pay
by the City Manager and/or his/her designee for educational purposes at an
accredited institution when it is related to his/her employment. The period,
not to exceed one (1) year may be renewed at the request of the Officer.
Leaves of absence, with or without pay, may also be granted to officers
by the City Manager and/or his/her designee if it is determined that -it is for
educational purposes to attend conferences, seminars, briefing sessions or other
job -related activities of a similar nature which are intended to improve or
upgrade individual skill or professional ability.
Any employee who is a member of the National Guard or Military Reserve
Forces of the United States and who is ordered by the appropriate authorities to
attend a prescribed training program or to perform other duties, shall be
granted a leave of absence with pay as provided by Section 115.07 Florida
Statutes. The employee shall receive pay for the number of working days
occurring in the authorized period, according to his/her work schedule, less any
service pay received. Any permanent member who is drafted, or who enters active
duty in the Armed Forces Reserve or National Guard shall be granted military
leave for the period of military commitment without pay.
Any member who is on duly authorized paid leave of absence will
continue to maintain all benefits including seniority, and health benefits. All
job -related benefits will cease for any officer member who is on authorized
unpaid leave of absence. Any member may elect to continue hospital and/or
personal insurance plans by personally making future payments for this coverage.
Seniority or vacation and sick leave credits will be re -installed when the
amount of active service upon return from an authorized leave is equal to the
amount of time lost.
27.
ARTICLE 20
UNION BUSINESS
Employees selected to Union office (President, Vice President,
Secretary, Treasurer) shall be granted time off to perform their Union
functions, including attendance at conventions, conferences and seminars. The
Union shall inform the City, in writing, of the names and rank of its officers
and of its negotiating team within five (5) days after their
appointment/election. Further, up to a maximum of two (2) members of the
negotiating team may be permitted time off. Time off for Union business is
subject to each of the following conditions:
(a) A written request is submitted to Department Management at least
forty-eight (48) hours prior to the time off period.
(b) Sufficient manpower is available in the regular shift to properly
man the Department during the absence of the local Union official.
(c) A written request shall not be required for meetings mutually
agreed upon between the City and the Union.
(d) Employees shall have the right to exchange shifts when the change
does not interfere with the operation of the Fire Department.
2. Time off as provided in this Article for local Union officials
shall not exceed a combined total of seven (7) twenty-four hour shifts being 168
hours total for the conduct of Union business in any one (1) fiscal year.
3. Any Union member designated by the President may attend Union
business after agreement in writing by the Fire Chief.
28.
I
ARTICLE 21
OVERTIME PAY
The City and the Union agree to the following:
In the event that the need for overtime should occur in the Fire
Department because of vacations, sickness or other unforeseen conditions,
overtime shall be paid at the rate of one and a half (1 1/2) times the basic
rate of pay for time in excess of an average Firefighter's work week.
Overtime shall be based on seniority on a rank for rank basis. If a
member is requested for overtime and it is denied, that member is placed on the
bottom of the seniority overtime list. A minimum of twelve (12) hours must be
accrued in overtime before moving to the bottom of the list. A maximum of
twenty-four (24) hours will be allowed. If an individual cannot be contacted,
he/she will not lose his/her position on the overtime list.
This list will be prepared within thirty (30) days of the execution of
this Agreement by the Fire Chief and/or his designee and the Union president
and/or his designee. The list will be posted on the bulletin boards of each
station. The list may be revised at the request of either party.
29.
M
ARTICLE 22
CALL BACK PAY
All Fire Departmnt employees covered by the terms of this Agreement
who are called back to work from off duty, for training or other reasons, shall
be paid at least three (3) hours minimum at one and one'half times the basic
rate of pay based upon the basic average Firefighter's work week.
30.
ARTICLE 23
UNIFORM ALLOWANCE
Each member of the bargaining unit shall receive a clothing allowance
of $150.00 annually, paid quarterly, to employees having at least one year of
service with the Tamarac Fire Department. Employees with less than one year of
service shall receive a pro rated amount.
The City will issue to all firefighters upon completion of the
probationary period the following clothing and equipment:
1. Dress Uniform.
A. Four pair of pants.
B. Four dress shirts.
C. Four collared tee shirts with Tamarac Fire Rescue lettering.
2. Turn Out Gear.
A. One helmet.
B. One Turn Out Coat.
C. One pair of safety hip boots.
The same type of equipment and quantity, if available, will be loaned to
probationary firefighters.
The foregoing clothing and equipment shall conform to National Fire
Protection Association standards and Departmental standards.
Any employee who shall receive any breakage or damage to his/her
uniform or equipment in the line of duty, shall have it replaced at no cost to
the employee. Damaged personal equipment required for job performance may be
considered for replacement up to an amount of $100.00 after presenting report of
breakage or damage to the Department. Personal equipment is defined as glasses,
watches, gloves, knives, rescue or fire tools and wedding bands. All lost or
misplaced equipment, clothing or uniforms will be replaced by the employee.
31.
ARTICLE 24
EDUCATION
The City shall pay for approved job related courses if funds are
available, in the opinion of the Fire Chief and City Manager, and if the course
does not interfere with the Firefighter's performing his/her duties, including
attendance at work and scheduling of working hours. Mutual exchange of coverage
will be acceptable.
The City shall pay for the total cost of the courses, including
registration fees, charge for semester hours and textbooks if the course and
authorization are given by the Fire Chief and City Manager in writing prior to
registration. The City shall not pay for late registration charges,
miscellaneous supplies and traveling expenses, or cost of transcripts.
Further, the City will be obligated to pay no more than $38.00 per
credit hour for tuition and no more than $760.00 for any fiscal year for any
employee, which sum includes tuition, registration and books.
If an employee does not pass a course with a grade of "C" or better or
withdraws from a course, he/she shall reimburse the City for all expenses
related to that course. These monies may be deducted from the employee's pay
check at a maximum amount of $25.00 per pay check. If the school refunds part
of a charge at the time of withdrawal, the employee must make up the difference.
If the City pays for a textbook, upon completion of the course, it is to be
given to the City. An employee may buy his/her own textbook.
If an employee voluntarily terminates prior to one (1) year of
completion of the course(s), the City shall be reimbursed for all expenses. City
shall deduct this amount from the employee's final pay check. The employee
shall sign an affidavit stating that he/she approves of the terms set forth in
this section before any monies are expended by City.
32.
ARTICLE 25
EDUCATIONAL INCENTIVE
It is agreed by the City that an educational incentive will be given to
members of the bargaining unit, as follows:
A. For Certification as a County Fire Inspector, the sum of $150.00,
annually, to be paid the first pay period in December so long as he/she has been
certified as such continuously for one (1) year prior to the payment of said
incentive.
B. For State Certified EMT I, the sum of $125.00, annually, to be paid
the first pay period in December so long as he/she has been certified as such
continuously for one (1) year prior to the payment of said incentive.
C. For Certificate of Compliance in a Fire Science program (32 credit
hours), the sum of $175.00, annually, to be paid the first pay period in
December so long as he/she has been certified as such continuously for one (1)
year prior to the payment of said incentive.
Any member of the Baraining Unit who had achieved any of the
certifications provided for in A through C above by June 1, 1982 will be
entitled to his/her educational incentive the first pay period in December,
1982. This provision is intended only to be effective with respect to the
December, 1982, payment.
33.
ARTICLE 26
MEDICAL COVERAGE PROGRAM
The City shall provide group health insurance coverage after ninety
(90) calendar days of employment for the member at no cost to the member.
If the employee desires dependent coverage, the employee will pay said
coverage at the following contribution rate:
1.: Effective 10/1/82 the employee will pay 50% of non City
contributions not to exceed the maximum contribution made by any
other bargaining unit.
2. Effective 10/1/83 the employee will pay 75% of non City
contributions not to exceed the maximum contribution made by any
other bargaining unit.
3. Effective 10/1/84 the employee will pay 100% of non City
contributions not to exceed the maximum contribution made by any
other bargaining unit.
The City has the right to select and change health insurance companies
in its sole and exclusive discretion. Such decision shall not be subject to the
grievance arbitration procedure.
34.
ARTICLE 27
PAY SCALE
The City and the Union agree to the following annual pay scale,
effective October 1, 1982, for the positions of Firefighter, Driver Engineer and
Fire Lieutenant:
STEP FIREFIGHTER DRIVER ENGINEER LIEUTENANT
A 16,261.06 16,911.50 17,919.77
B 16,911.50 17,587.96 18,636.56
C 17,587.96 18,291.48 19,382.02
D 18,291.48 19,023.14 20,157.30
E 19,023.14 19,784.07 20,963.60
F 19,784.07 20,575.43 21,802.14
G 20,575.43 21,398.45 22,674.23
H 21,398.45 22,254.38 23,581.20
Effective October 1, 1983, an 8% across the board pay increase will be
granted to each employee covered by this Agreement.
Effective October 1, 1984, an 8% across the board pay increase will be
granted to each employee covered by this Agreement.
For purposes of this Agreement, the anniversary dates in effect as of
September 30, 1982 will continue for the term of this contract. The anniversary
date for all employees hired after October 1, 1982 shall be the date of hire.
All step increases shall become effective on the pay period immediately
following the anniversary date.
It is the intention of the City and the Bargaining Unit to provide for
the addition of three (3) Lieutenants during the term of this Agreement. That
is, there will be six (6) Lieutenants who will be included in the Bargaining
Unit. The parties agree that the appointment of the three (3) additional
Lieutenants will be made no later than December 1, 1982.
Should any Driver Engineer be appointed to Lieutenant, the vacant
Driver Engineer position will be filled by promotion pursuant to the terms of
this Agreement.
35.
ARTICLE 28
LONGEVITY PAY
All full-time employees who have completed one (1) year at Step H of
their pay range shall receive a lump sum annual longevity payment to be paid on
December 1st of each year in the amount of two (2%) percent of Step H annual
salary.
Annual salary as used herein shall mean the employee's base salary,
excluding any benefit payment or extra compensation received.
Except that, in the event such a regular full-time employee is or has
been suspended or laid off or on an authorized leave of absence after having
qualified for longevity pay, such employee shall receive a pro rata cash payment
based on a computation of those months which the employee was actually present
for duty during the year for which payment is to be made.
36.
ARTICLE 29
CIVIL SUITS
The City agrees to defend and hold harmless any member covered by this
Agreement and automatically undertake the defense of any member employee against
civil damage suits arising from performance of duties while within the
employee's scope of employment and will file proper and appropriate
countersuits.
37.
t
ARTICLE 30
BASIC WORK WEEK AND WORKING CONDITIONS
The normal work week for the contract year 1982/1983 shall be an
average of fifty-two (52) hours. The normal work week for the contract year
1983/1984 shall be an average of fifty-one (51) hours. The normal work week for
the contract year 1984/1985 shall be an average of fifty (50) hours. Nothing
herein shall guarantee any employee payment for the above mentioned fifty-two
(52), fifty-one (51) or fifty (50) hour work week unless the employee actually
works fifty-two (52), fifty-one (51) or fifty (50) hours or his/her actual hours
worked and his/her authorized compensated leave total fifty-two (52), fifty-one
(51) or fifty (50) hours. For the purpose of this Agreement, authorized
compensated leave shall mean leave compensated under the terms of this Agreement
or under City policy.
It is the intention of the parties to this Agreement that the members
of the Bargaining Unit will work a twenty-four (24) hour shift with forty-eight
(48) hours off. Further, it is the intention of the parties that these twenty-
four (24) hour shifts will begin at 8:00 A.M. As to individual members of the
Unit, the Fire Chief or his/her designee may, from time to time, make exceptions
from this normal shift schedule.
38.
A
. ARTICLE 31
SPECIAL DETAILS
Special details that are required by Code shall be manned by County
Certified Fire Inspectors within the Department. Appointment shall be from a
list as provided for in the Overtime Article.
39.
ARTICLE 32
PREVAILING RIGHTS
All job benefits and terms and conditions of employment, as set forth
in the sections of the City of Tamarac Personnel Manual dated July 22, 1981
listed as follows, shall remain in effect for those employees covered by this
Agreement for the life of this Agreement: Sections 37 and 40. The following
sections of the Personnel Manual are superseded and controlled by this Agreement
and any changes made thereto by the City shall not affect those employees
covered by this Agreement: Sections 4, 11, 12, 16, 18, 19, 25, 26, 27, 28, 30,
33, 359 38, 44 and 46. All other sections of the Personnel Manual may be
amended by the City and the amendments shall be binding on the employees covered
by this Agreement. The foregoing provisions of this section shall not be
interpreted to prevent the Fire Department from formulating and enforcing its
own rules, regulations and policies so long as such rules, regulations and
policies do not alter the terms and conditions of this Agreement or detract from
the benefit structure of the employees.
I
ARTICLE 33
TERMINATION OF BENEFITS
Vacation time, holiday time and overtime that has been performed and is
in an accumulated status will be compensated by check upon termination provided
at least two weeks written notice of termination has been provided to the City
or on the next payday at the option of the employee. If two weeks written notice
has not been provided to the City, the final payment shall be processed with the
next scheduled payroll. If an employee's last working day is on a Saturday or
Sunday, the employee shall receive his/her check on Monday.
The City shall be entitled to withhold all or a portion of the final
check pending the member's return of all City property in his/her custody
including, without limitation, communications equipment, health insurance cards
and City identification cards.
41.
I
ARTICLE 34
SAVINGS CLAUSE
Should any provisions of this collective bargaining agreement, or any
part thereof, be rendered or declared invalid by reason of any existing or
subsequently enacted legislation, or by any decree of a court of competent
jurisdiction, all other articles and sections of this Agreement shall remain in
full force and effect for the duration of this Agreement.
42.
ARTICLE 35
PROHIBITION AGAINST REOPENING OF NEGOTIATIONS
This Agreement contains the entire agreement of the parties on all
matters relative to wages, hours, working conditions, and all other matters
which have been or could have been negotiated by and between the parties prior
to the execution of this Agreement.
Any provision of this Agreement may be reopened during the term of this
Agreement only upon the mutual consent of both parties.
43.
ARTICLE 36
TERM OF AGREEMENT
This Agreement shall be effective this 1st day of October, 1982, and
shall remain in full force nd effect until and including September 30, 1985.
DATED this,�d day of 1982.
ATTEST:
ATTEST:
W2- X.. wt, 4
APPROVED AS TO LEGAU SUFFICIENCY
44.
CITY OF TAMARAC
This 3o day of 1982
LOCAL 2600, INTERNATIONAL
ASSOCIATION OF FIREFIGHTERS
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