HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-0111
Temp. Reso, No. 9245
01 /11 /01
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2001-_,fl
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, APPROVING THE AGREEMENT WITH THE
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 3080;
AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE
AN AGREEMENT WITH THE INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS, LOCAL 3080 FOR THE PERIOD FROM OCTOBER
1, 2000 THROUGH SEPTEMBER 30, 2003; AUTHORIZING THE
PREPARATION OF AMENDMENTS TO CHAPTER 16 OF THE CITY
CODE FOR CONSIDERATION BY THE PENSION BOARD;
PROVIDING FOR THE TRANSFER OF FUNDS; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Agreement between the City of Tamarac and the International
Association of Firefighters (IAFF), expired September 30, 2000; and
WHEREAS, the City of Tamarac created a negotiating team to renegotiate the
Agreement; and
WHEREAS, the negotiating team consisted of the Special Counsel for Labor
Robert Soloff, Director of Personnel Maria Swanson, Fire Chief Jim Budzinski,
Employee Relations Manager Dorothy Cummings, Assistant to the City Manager Kristin
McKew, Budget Analyst Amber Denney, Battalion Chief Dennis Peloso; and
WHEREAS, the City of Tamarac and the IAFF have collectively bargained in
good faith and have reduced said bargaining to an Agreement (Exhibit A); and
WHEREAS, on December 29, 2000 the membership of the IAFF, ratified the
Agreement; and
Temp. Reso. No. 9245
01 /11 /01
Page 3
SECTION 5: That all appropriate budget transfers required to fund the provision
of this Resolution are hereby approved.
SECTION 6: All resolutions or parts in conflict herewith are hereby repealed to
the extent of such conflict.
SECTION 7: If any clause, section, or other part of application of this Resolution
is held by an order of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
SECTION 8: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this 10th of January 2001.
JOE SCHREIBER
Mayor
ATTEST:
fir✓
MARION S ENSON, CMC
..CITY CLERK RECORD OF COMMISSION V TE
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
I HEREBY'CERTIFY that I have DIST 3: COMM. SULTANOF
Approved this RESOLUTION as DIST 4: V/M ROBERTS
to form.
MIT19HELL S. KR/
CITY ATTORNEY
1
Exhibit A
CONTRACT
BETWEEN
THE CITY OF TAMARAC
:imp
THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (IAFF)
EFFECTIVE OCTOBER 17 2000 THROUGH
SEPTEMBER 30, 2003
TABLE OF CONTENTS
TITLE
AGREEMENT
RECOGNITION
REOPENER CLAUSE
MANAGEMENT RIGHTS
GRIEVANCE PROCEDURE
ARBITRATION
CHECK -OFF
WAGES
LONGEVITY PAY
OVERTIME PAY
CALL-BACK PAY
BASIC WORK WEEK
WORKING OUT OF TITLE
VACATION
HOLIDAYS
MEDICAL COVERAGE
SICK LEAVE
ON-THE-JOB INJURY
PRESUMED
COMMUNICABLE DISEASES
WELLNESS PROGRAM
SUBSTANCE ABUSE
TIME POOL BANK
LEAVES OF ABSENCE
EDUCATIONAL INCENTIVE
EDUCATION REIMBURSEMENT
PROGRAM
BEREAVEMENT LEAVE
UNIFORMS
TERMINATION OF BENEFITS
PROBATIONARY PERIOD/
EMPLOYEE (New Hire)
SENIORITY
PERSONNEL REDUCTION
PROMOTIONAL
EXAMINATIONS
PROMOTIONAL PROBATION
UNION BUSINESS
EMPLOYEE RIGHTS
ARTICLE # PAGE #
2
1
4
2
5
3
6
4
7
5
8-10
6
11
7
12-13
8
14-18
9
19
10
20
11
21
12
22
13
23
14
24-25
15
26
16
27
17
28-29
18
30
19
31
20
32
21
33
22
34
23
35
24
36-37
25
38-39
26
40
27
41-42
28
43
29
44
30
45
31
46
32
47-48
33
49
34
50
35
51
TABLE OF CONTENTS
TITLE
ARTICLE #
PAGE #
RULES AND REGULATIONS
36
52
FIREFIGHTERS BILL OF
37
53
RIGHTS
DRILLS AND TRAINING
38
54
MAINTENANCE DAY
39
55
JOB DUTIES
40
56
CIVIL SUITS
41
57
BULLETIN BOARDS
42
58
WORK STOPPAGES
43
59
DIVE RESCUE
44
60
NON-DISCRIMINATION
45
61
SERVICES TO THE UNION
46
62
CIVIL EMERGENCY
47
63
SEVERABILITY CLAUSE
48
64
KELLY DAYS
49
65
INCENTIVE PAY
50
66
TERM OF AGREEMENT
51
67
K3
ARTICLE 1
AGREEMENT
1.1 This Agreement is entered into by Tamarac, Florida, hereinafter referred to as
the "City" and Local 3080 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 for employees covered by this Agreement.
11
ARTICL._F 2
RECOGNITION
2.1 The City hereby recognizes the Union as the exclusive bargaining representative
for all employees in the following appropriate unit:
INCLUDED: All full-time Firefighters, Driver/Engineers,
Lieutenants, Fire Inspectors
ARTICLE 3
REOPENER CLAUSE
3.1 The term of this Agreement shall be three (3) years beginning October 1, 2000
and ending September 30, 2003.
3.2 No other articles shall be opened for negotiations during the term of this Contract
except those mutually agreed upon by the Union and the City.
no
ARTIr-1 F A
MANAGEMENT RIGHTS
4.1 It is the right of the public employer to determine unilaterally the purpose of each
of its constituent agencies, set standards of services to be offered to the public, and
exercise control and discretion over its organization and operations. It is also the right of
the public employer to direct its employees, take disciplinary action for proper cause,
and relieve its employees from duty because of lack of work or for other legitimate
reasons. However, the exercise of such rights shall not preclude employees or their
representatives from raising grievances, should decisions on the above matters have
the practical consequence of violating the terms and conditions of any collective
bargaining agreement in force or any civil or career service regulation.
7
ARTICLE 5
GRIEVANCE PROCEDURE
5.1 In a mutual effort to provide a harmonious working relationship between the
parties to this contract, it is agreed and understood there shall be a procedure for the
resolution of grievances involving the application or interpretation of this Contract and
grievances involving discharge, suspension, or disciplinary demotion or terms and
conditions of employment as provided by this Contract.
5.2 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 result in
the grievance proceeding to the next step of the grievance procedure with a written
explanation attached. Any decision not appealed or any grievance settled, other than
one settled through binding arbitration shall not constitute a precedent for the
interpretation of this contract nor shall it be used as a basis for future decision.
5.3 Grievances shall be presented in the following manner:
Step 1 The employee shall present the grievance to their immediate supervisor
within seven (7) calendar days of the occurrence of the event(s) which gave rise to the
grievance. Such contact shall be in writing using the "Official Grievance Form". The
grievance form shall specify the exact article which has been violated and the specific
remedy requested. A union official may accompany an employee through each step of
the grievance procedure. The immediate supervisor shall render a decision in writing
within seven (7) calendar days.
Step 2 Any grievance which is not satisfactorily settled with the immediate
supervisor shall be signed by a Union Official and forwarded to a Battalion Chief within
seven (7) calendar days after the completion of Step 1. The Battalion Chief shall render
a decision in writing within seven (7) calendar days (or such longer period mutually
agreed upon).
Step 3 In the event the employee is not satisfied with the disposition of the
grievance in Step 2, he/she shall have the option to appeal the disposition to the Fire
Chief or his/her designee within seven (7) calendar days after the close of Step 2. The
appeal shall contain copies of all previous steps. The Fire Chief or his/her designee
shall render his/her decision within seven (7) calendar days of the filing of the appeal
(or such longer period mutually agreed upon)
Step 4 In the event Step 3 does not satisfy the employee, then an appeal may be
submitted to the City Manager or his/her designee within seven (7) calendar days after
the close of Step 3. The City Manager or his/her designee shall render a decision within
fourteen (14) calendar days (or such longer period mutually agreed upon).
5.4 When a grievance is general in nature or is directly between the local union and
the department and the City, then the written grievance shall be signed by a Union
Official and shall be presented to the Fire Chief or his/her designee within the time limits
provided for aggrieved employees or the representative of the local union. Thereafter,
the grievance shall be processed in accordance with the procedures in Steps 3 and 4.
5.5 The parties desire to give this collective bargaining contract 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 or application of
any provision of this contract. In the event a grievance processed through the
grievance procedure has not been resolved at Step 4 above, the arbitration procedure
set forth in the Arbitration Article shall also apply, if invoked.
5.6 The union will not be required to process grievances for non -union employees.
9
OFFICIAL GRIEVANCE FORM
Before completing this form, carefully read the provisions of Article 5 in the Contract.
Type or print clearly. Use additional paper if necessary.
NAME RANK STATION/SHIFT
GRIEVANCE TYPE: INDIVIDUAL CLASS ACTION (start at Step Three)
STEP ONE: MUST BE PRESENTED TO IMMEDIATE SUPERVISOR WITHIN SEVEN (7) DAYS
OF OCCURRENCE. SUPERVISOR MUST RESPOND WITHIN SEVEN (7) DAYS OF RECEIPT.
Briefly describe situation:
Article/Section Violated:
Remedy Requested:
Supervisor's response/explanation
Date Received: Date Answered: Signature:
RESOLUTION: ACCEPTED REJECTED Signature:
STEP TWO: MUST BE PRESENTED TO BATTALION CHIEF ("BC") WITHIN SEVEN (7) DAYS OF
SUPERVISOR'S RESPONSE. BC MUST RESPOND WITHIN SEVEN (7) DAYS OF RECEIPT.
Battalion Chief's response/explanation:
Date Received: Date Answered:
Signature of Union official if INDIVIDUAL GRIEVANCE:
RESOLUTION: ACCEPTED REJECTED Signature:
STEP THREE: MUST BE PRESENTED TO THE FIRE CHIEF WITHIN SEVEN DAYS OF BC'S
RESPONSE. FIRE CHIEF MUST RESPOND WITHIN SEVEN (7) DAYS OF RECEIPT.
Fire Chief's response/explanation:
Date Received: Date Answered:
Signature of Union Official if CLASS ACTION GRIEVANCE:
RESOLUTION: ACCEPTED REJECTED Signature:
STEP FOUR: MUST BE PRESENTED TO THE CITY MANAGER OR DESIGNEE WITHIN SEVEN
(7) DAYS OF FIRE CHIEF'S RESPONSE. CITY MANAGER/DESIGNEE MUST RESPOND WITHIN
FOURTEEN (14) DAYS OF RECEIPT.
City Manager's response/explanation:
Date Received: Date Answered: Signature:
RESOLUTION: ACCEPTED REJECTED Signature:
ARBITRATION MUST BE FILED WITHIN 15 DAYS OF CITY MANAGER'S ANSWER.
Request for Arbitration submitted on by (Signature
of authorized Union Representative).
Arbitration request received on by (Signature
of authorized City Representative).
10
ARTICLE 6
ARBITRATION
6.1 In the event a grievance processed through the Grievance Procedure set forth in
Article 5 has not been resolved, the grievant may submit the grievance to arbitration
within fifteen (15) administrative working days after the City Manager or his/her
designee renders a written decision on the grievance. Arbitrator may be one impartial
person mutually agreed upon by the parties. In the event parties are unable to agree
upon said arbitrator within ten (10) administrative working days, the parties shall jointly
request the Federal Mediation and Conciliation Service or American Arbitration
Association to furnish a panel of seven (7) persons resident in Florida from which each
party shall have the option of alternatively striking names thus leaving the seventh (7)
which will give a neutral or impartial arbitrator.
6.2 The parties shall make their choice of the impartial arbitrator within five (5)
administrative working days after the receipt of the panel from the Federal Mediation
and Conciliation Service or the American Arbitration Association.
6.3 The City and the employee (or the Union) shall attempt to mutually agree in
writing as to the statement of the grievance to be arbitrated prior to the arbitration
hearing and the arbitrator, thereafter, shall confine his 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 arbitrator, the arbitrator will confine its consideration
and determination to the written statement of the grievance presented in Step 1 of the
Grievance Procedure.
6.4 The arbitrator shall have no authority to change, amend, add to, subtract from or
otherwise alter or supplement this contract or any part thereof or amendment thereto.
The arbitrator shall have no authority to rule upon any matter which is stated in this
contract not to be subject to arbitration, nor shall this Collective Bargaining Agreement
be construed by the arbitrator to supersede or be in conflict with applicable laws in
existence at the time of signing of this contract except to the extent as specifically
provided herein. In the event there is a dispute concerning whether or not there is a
conflict with applicable laws, it shall be submitted to Arbitration.
6.5 The decision of the arbitrator shall be final and binding.
6.6 Each party shall bear the expense of its own witnesses and of its
representatives. The impartial arbitrator's fee and related expenses and 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.
6.7 For the purposes of this Article, administrative working days shall mean Monday
through Friday.
11
ARTICLE 7
;y:IxN:Q�I��
7.1 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 dues 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.
7.2 The City shall have neither responsibility nor liability for any monies once sent to
the Union, nor shall the City have any responsibility for the improper deduction of dues.
The Union shall hold the City harmless against any and all claims made and against any
suits instituted against the City on account of this Article.
7.3 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.
7.4 It shall be the responsibility of the Union to notify the Finance Director, in writing,
of any change in the amount of dues to be deducted at least (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.
7.5 Any member of the Union may, on thirty (30) days' notice to the City and the
Union, 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.
7.6 A request for dues deduction must be submitted to the City on the following form:
12
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
3080, International Association of Firefighters.
I understand that this Authorization is voluntary and that I may revoke at any time
by giving the City notice in writing.
Signature
Payroll/Social Security Number
Date
A request to the City to cease dues deduction must be submitted to the City on
the following form:
INSTRUCTIONS TO STOP PAYROLL DEDUCTION OF IAFF D
I hereby instruct the City of Tamarac to stop deducting from my wages bi-weekly
the current normal dues for Local 3080, International Association of Firefighters. I have
notified Local 3080 of the revocation.
Signature Date
Payroll/Social Security Number
VERIFICATION OF NOTICE TO UNION REGARDING DUES DEDUCTION
I
of the IAFF Local 3080 verify
that has notified the Union of his/her wages.
Signature
13
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9
ARTICLE 9
LONGEVITY PAY
9.1 Full-time employees of record will receive a lump sum longevity payment
annually on the first pay period in December in accordance with the following schedule,
based on the number of years with the Fire Rescue Department.
Years Percentage
8
1%
9
1%
10
2%
11
2%
12
3%
13
3%
14
4%
15
4%
16 and each year thereafter
5%
9.2 Longevity pay shall be based on the base rate of pay effective November 30 of
each contract year.
19
ARTIrl Fin
OVERTIME PAY
The City and the Union agree to the following:
10.1 In the event that the need for overtime should occur in the Fire Rescue
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 hourly rate of pay for time in
excess of the firefighter's average work week. Paid sick leave used during the City's
standard two (2) week pay period shall not count as hours worked for purposes of
calculating overtime.
10.2 Overtime is caused when one or more of these three conditions are not met:
a) One Lieutenant must be on duty working in any capacity;
b) one Driver/Engineer on duty working in that capacity.
c) and one certified paramedic in each ALS vehicle .
Except as specified in this article, current overtime assignment practices will
continue to the extent that circumstances are the same. If an employee accepts an
overtime assignment for less than ten (10) hours, then he shall not lose his position on
the overtime list. He shall still be able to accept another overtime assignment of up to
twenty-four (24) hours before moving to the bottom of the overtime list. Employees who
were not contacted will not lose their positions on the list.
10.3 Personnel shall not be scheduled for more than thirty-six hours of continuous on -
duty status, unless the Fire Chief or his designee specifically approves.
10.4 The Union is responsible for maintaining accurate overtime rosters for:
Lieutenant, Driver/Engineer, Firefighter, Inspector. The Union will also maintain a
roster of personnel with paramedic and EMT certification.
20
ARTIr..I F 11
CALL-BACK PAY
11.1 All Fire Rescue Department employees covered by the terms of this Agreement
who are called back to work from off duty, for any reason, shall be paid at least three (3)
hours call-back pay at time -and -a -half the employee's hourly rate of pay.
11.2 The Chief or his designee shall be the authorized agent to initiate/terminate the
call-back for personnel.
11.3 Reporting to work early or being held over after a work shift shall be on an hour
for hour basis and not subject to the three (3) hour minimum.
21
ARTICLE 12
BASIC WORK WEEK
12.1 The normal work week for the term of this contract shall be no more than an
average of forty-eight (48) hours.
12.2 For members of the bargaining unit hired prior to January 1, 1996, it is the
intention of the parties to this Contract that the members of the Bargaining Unit will work
a twenty-four (24) hour shift starting at 8:00 a.m. with forty-eight (48) hours off. The
Fire Chief or his/her designee may, from time to time, make temporary exceptions from
this normal shift schedule.
Members of the bargaining unit hired on or after January 1, 1996 (and previously hired
employees who volunteer, with the Fire Chief's approval) will work a shift schedule of
such duration and with such starting times as the Fire Chief or his/her designee shall,
from time to time, determine. Employees will be given a least fourteen (14) days notice
of a permanent change in the work schedule.
12.3 The normal work week for Fire Inspectors and others assigned to light duty shall
be forty (40) hours.
22
ARTICLE 13
WORKING OUT OF TITLE
13.1 Except as otherwise set forth below, when an employee is assigned to work in a
higher classification, he/she shall be paid an additional one dollar ($1.00) per hour for
the higher classification. A minimum of eight (8) consecutive hours must be worked,
within the higher classification, in order to receive the additional compensation.
13.2 Members who are on current lists for positions of driver and lieutenant shall be
utilized first, except for training and evaluation, for working out of title in those positions.
13.3 A rescue supervisor is the individual assigned on a temporary basis to coordinate
and oversee all functions and activities of a rescue company. The Fire Chief has the
sole and exclusive right to make the assignment as well as to remove the assignment to
rescue supervisor. In order to be eligible for assignment to rescue supervisor, an
employee must have 1 year of service with Tamarac Fire Rescue and hold a current
State of Florida Paramedic Certification. Any person assigned to rescue supervisor
after October 1, 1999, and compensated under Article 13, Working Out of Title, must
within 2 years of the effective date of assignment acquire and maintain a State of
Florida Fire Officer 1 Certification or a Degree in Fire Science (either an Associates or
Bachelors), and must become an approved preceptor. Failure to comply with these
requirements will require such employee to lose his/her assignment to rescue
supervisor. Effective December 1, 1999, employees assigned as rescue supervisors
will be paid an additional one dollar ($1.00) per hour for the duration of the assignment.
Any member assigned to rescue supervisor will be evaluated every three (3) months for
the duration of the assignment.
13.4 A shift supervisor is the lieutenant assigned on a temporary basis to coordinate
and oversee the operation of the shift for the period assigned. Beginning in January,
1998, employees assigned as a shift supervisor will receive additional compensation as
outlined in 13.1.
13.5 In the absence of a lieutenant, employees on the current lieutenant promotion list
may be assigned as shift supervisor.
13.6 Current practice for working out of title assignments will continue to the extent
that circumstances are the same.
23
ARTIrl F 1A
VACAT I O N
14.1 Personnel assigned to a 48 hour work week covered by this Contract shall
accrue paid vacation time as follows:
(a) 0 - 60 months employment: 12 hours for each completed
month of service.
(b) 61 - 120 months employment: 16 hours for each completed
month of service.
(c) Over 120 months employment: 18 hours for each completed
month of service.
(d) Over 240 months employment: 20 hours for each completed month
of service.
14.2 Personnel assigned to a 40 hour work week for 60 calendar days or more
covered by this Contract shall accrue paid vacation time for such periods as follows:
(a) 0 - 60 months of employment: 8 hours for each completed
month of service.
(b) 61 - 120 months of employment: 10 hours for each completed
month of service.
(c) Over 120 months of employment: 12 hours for each completed
month of service.
(d) Over 240 months employment:
14 hours for each completed month of service.
14.3 Vacation leave may be accumulated but not in excess of 500 hours.
14.4 Any employee who is separated from the service (resignation, death, retirement
or discharge) shall be compensated in cash up to 400 hours of accrued and unused
vacation time at his/her regular hourly rate of pay at the time of separation, provided
he/she has been approved for benefits by the City Manager.
14.5 Schedules for vacation shall be subject to the approval of the Fire Chief or his
designee and shall be based upon the needs of the Department.
24
14.6 Personnel assigned to a 48 hour work week shall take a minimum of 96 hours of
scheduled vacation leave each contract year after the first year of employment or
according to the schedule as outlined below. Failure to take the vacation leave up to the
96 hours as outlined below will result in the vacation time being forfeited, unless the Fire
Chief allows some carry over for exceptional reasons and upon conditions designated
by the Fire Chief.
a.) 0 - 60 months employment: Employee must schedule and take at least
one (1) complete tour at twenty-four (24) hours at a time. This tour shall be submitted
and approved prior to October 1.
b.) 61 - 120 months employment: Employee must schedule and take at least
three (3) complete tours at twenty-four (24) hours at a time. An employee who is
enrolled in school will be permitted to schedule and take two (2) complete tours at
twenty-four (24) hours at a time upon notification to the Fire Chief or designee. Proof of
school enrollment must be provided, if requested. Two tours shall be submitted and
approved prior to October 1 and one tour shall be submitted and approved prior to April
1 of the following year.
c.) Over 120 months employment: Employee must schedule and take at
least four (4) complete tours at twenty-four (24) hours at a time. Two tours shall be
submitted and approved prior to October 1 and two tours shall be submitted and
approved prior to April 1 of the following year.
14.7 All vacation leave must be taken in blocks of no less than 6 hours.
25
ARTICLE 15
WAIMIDTAWN
15.1 All employees covered by this Contract, that are assigned to a 48-hour work
week when a holiday occurs, shall receive, in addition to his/her regular pay, eleven (11)
hours pay at his/her hourly rate for each of the following holidays:
NEW YEAR'S DAY
MARTIN LUTHER KING'S BIRTHDAY
PRESIDENT'S DAY
MEMORIAL DAY
INDEPENDENCE DAY
LABOR DAY
VETERAN'S DAY
THANKSGIVING DAY
DAY AFTER THANKSGIVING
CHRISTMAS EVE
CHRISTMAS DAY
All employees on a 40 hour work week, covered by this Agreement, shall receive
each holiday as a paid day off.
15.2 All employees covered by this Contract shall be allowed one (1) twenty-four (24)
hour tour of duty as personal leave accumulated on October 1 of each fiscal year. Such
leave must be taken in the fiscal year which it is awarded. Failure to take this personal
leave within the specified time frame shall result in forfeiture of same.
15.3 All accrued holiday pay as of December 1st of each year will be paid in one (1)
lump sum on the first pay day in December to all shift personnel.
26
ARTIrl F 1 F
MEDICAL COVERAGE PROGRAM
16.1 The City shall provide group health insurance for its regular full-time employees,
covered by this Agreement, subject to the following conditions:
The City may establish, change, supplement and implement the City health insurance
program, including but not limited to changes in the Company, benefits, and all costs
related thereto. The only exception to the foregoing sentence is that if the City
exercises its right to implement any such changes, it will provide reasonable notice and
discuss with the Union the explanation of changes and reasons therefore. The City
agrees that it will continue as in the past to include the Union in the selection process
for any insurance coverage contemplated by this Article.
16.2 The cost of medical benefits paid by employees during calendar year 2001 shall
be as follows:
HIP HMO
Single
Family
HIP POS
Single
Family
HIP PPO
Single
Family
PAID BY EMPLOYEE MONTHLY
$ 50.50
$ 138.86
$ 58.00
$ 158.30
16.3 Retirees may continue to participate under the medical insurance program
provided by the City, subject to City requirements including paying the full insurance
premiums for medical insurance coverage.
27
MNIM EMN
IqIrK I FAVF
17.1 Sick leave time will be earned at the rate of twelve (12) hours for each month of
service based on a forty-eight (48) hour work week. (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.
17.2 An employee who is absent from work due to an illness or disability may be
required to submit a physician's statement of physical illness. When deemed
necessary, the Department Head may require proof of any illness.
17.3 An employee hired prior to October 1, 1994, may receive compensation for
accrued sick leave based upon the amount accrued by the employee as of September
30, 1994. An employee whose accrued sick leave as of September 30, 1994 is 480
hours or more, may receive compensation for accrued sick leave in excess of 288 hours
anytime during his/her employment with the City, or at retirement at the following rate:
ACCUMULATED HOURS % OF BUY BACK
288 hours - 564 hours 25%
565 hours - 930 hours 50%
Over 930 hours 100%
Employees who have accumulated less than 480 hours of sick leave as of September
30, 1994, may receive compensation for accrued sick leave in excess of 288 hours, but
no more than 480 hours, anytime during his/her employment with the City, or at
retirement at the rate of 25%.
Employees who have accumulated more than 480 hours as of September 30, 1994 may
not be paid for any accumulation beyond their accrued levels as of September 30, 1994.
PM]
17.4 Any employee of the bargaining unit who uses no sick time between October 1
and March 31 of any fiscal year shall accumulate twelve (12) hours of vacation leave.
Any employee of the bargaining unit who uses no sick time between April 1 and
September 30 of any fiscal year shall accumulate twelve (12) hours of vacation leave. If
any employee uses no sick time at all during any fiscal year, he shall accumulate twelve
(12) additional hours for a total of 36 hours for the year.
17.5 All employees assigned to a forty hour work week shall accumulate sick leave at
the rate of eight (8) hours per month.
29
ARTICLE 18
ON-THE-JOB INJURY
18.1 Any employee who is disabled in the course of his/her tour of duty with the City of
Tamarac's Fire Rescue Department, which disability would be compensated under the
Worker's Compensation Statutes shall be compensated under the Worker's
Compensation provisions, as set forth in F. S. Chapter 440, as amended.
18.2 An employee, as covered under this contract, shall be paid his/her full salary
during the first average Firefighter work week (48 hours) during his/her absence as a
result of the work related injury, to include the time lost on the date or shift during which
the injury occurred.
18.3 If an employee is unable to return to work after the first week, the City will
supplement the employee's Worker Compensation benefits so that the employee shall
receive a total of eighty-five percent (85%) of his/her gross hourly rate of pay until such
a time as the employee returns to work (either full duty or light duty), terminates, or
retires, whichever occurs first. The Worker's Compensation benefit shall be paid
directly to the employee, in accordance with applicable law. The remaining portion shall
be paid by the City to the employee in compliance with applicable law.
18.4 Whenever an employee is injured on the job and is on disability leave and
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 this Article.
Light duty work shall be consistent with the employee's medical limitations and will first
be sought within the Fire Rescue Department. If it is not available in the Fire Rescue
Department, it may be provided in any other Department. All employees assigned to
light duty shall normally work five (5) — eight hour days. All outside employment by
employees receiving Worker's Compensation benefits shall require approval by the Fire
Chief.
18.5 If a member of this department is injured or collapses during a fire, that member
shall have blood drawn at the nearest medical facility and tested for the presence and
level of carbon monoxide, and any other toxic gases.
30
L\:Agrellmlef
PRESUMED COMMUNICABLE
DISEASES
19.1 Recognizing the Firefighters increased risk to communicable, deadly diseases on
the job, the City agrees to the following:
A. An employee who contracts AIDS, Hepatitis, or
Cancer, will be entitled to be compensated as in the
"ON-THE-JOB INJURY", Article 18.
31
ARTICLE 20
WELLNESS PROGRAM
20.1 The Wellness Program will commence at 1600 hours. On Saturday and Sunday,
times may vary as directed by Battalion Chief.
20.2 The Wellness Program, medical evaluation program and physical performance
program shall be reviewed by a committee composed of two (2) representatives of the
Bargaining Unit, two (2) representatives of Administration and these four (4) may
choose a fifth member. The committee shall provide a written report annually and shall
establish wellness, medical evaluation and physical performance criterion to be used in
the future.
20.3 The committee may make recommendations with respect to the following:
a. Contracting for physical testing, such as blood testing, stress testing,
and other related evaluations.
b. Maintaining and replacing necessary equipment or gear.
20.4 An employee, during his/her period of employment, may be required to undergo
periodic medical examinations to determine his/her physical and mental fitness to
perform his/her job.
Such periodic medical examinations shall be at the expense of the City.
20.5 Participation in the Wellness Program shall be mandatory.
20.6 All 48-hour employees, other than those medically unable to do so, shall
participate in the wellness program for at least (1) hour per shift. Those employees
assigned to a forty (40) hour work week, other than those medically unable to do so,
shall participate in the wellness program for one (1) hour per day, two (2) days per
week.
32
ARTIr..I F 91
SUBSTANCE ABUSE ARTICLE
21.1 The City and the Union recognize that employee substance and alcohol abuse
may have an adverse impact on City government, the image of City employees, and the
general health, welfare and safety of the employees and the general public at large.
Therefore, the parties agree that the City of Tamarac Drug and Alcohol Free workplace
policy shall be adhered to by all members of the bargaining unit. The City has required
all non -bargaining employees to comply with the policy set forth herein. The City of
Tamarac shall have the right and authority to require employees to submit to toxicology
and alcohol testing designed to detect the presence of any controlled substance,
narcotic, drug or alcohol.
21.2 It is understood and agreed that the tests conducted under this Article shall be
administered in a purely employment context only as part of the City's legitimate inquiry
into the use of any controlled substance, narcotic, drug or alcohol by its employees.
21.3 All tests shall be conducted in medical laboratories using recognized
technologies. In the event an employee's test are positive, a second test shall be
conducted to verify the results. If the employee so requests, he/she shall be given a
copy of the test results after the employer has received same.
21.4 The results of such test may result in appropriate disciplinary actions, up to and
including dismissal, in accordance with the applicable provisions of the City Code, the
City Personnel Rules, the City's Drug and Alcohol Free Workplace Policy, and/or the
Departmental Rules and Regulations.
21.5 The parties agree that any employee's refusal to submit to toxicology or alcohol
testing in accordance with the applicable provisions of the City Code, the City Personnel
Rules, the City's Drug and Alcohol Free Workplace Policy, and the Departmental Rules
and Regulations shall be subject to disciplinary action up to and including the
termination of their employment.
21.6 The City agrees to create an Employee Assistance Program (EAP) and to fund it
during the term of this Agreement.
21.7 The Union agrees to comply with the drug and alcohol testing provisions of the
Workers' Compensation Law of Florida, as amended. The Union recognizes that the
Law provides for drug testing as a part of an examination relating to an on the job injury.
21.8 The City agrees to provide yearly briefings which will cover all aspects of the
Drug and Alcohol Free Workplace Policy and employees will be given the opportunity to
ask any questions they may have concerning the Policy. All employees covered by this
agreement shall be given copies of the City of Tamarac Drug and Alcohol Free
Workplace Policy.
33
/.11-MMIGIRWA
TIME POOL BANK
22.1 Upon Union notification to the City of an employee with a long-term illness/injury,
the employee will be put on a 40 hour work week.
22.2 Said employee will use one (1) month's time of his/her sick leave (or vacation
upon exhaustion of sick leave), and then will become eligible to draw time from the time
pool, if approved by the Union Time Pool Committee. The Time Pool will provide up to
two (2) months time per member incident.
22.3 After the two (2) months' time pool leave, the employee must use up all his/her
accrued time before being eligible for a leave of absence without pay. Such Leave may
be approved for at least a year on a monthly basis based upon the physician's letter that
the employee cannot return to work at this time but is still recuperating.
22.4 Upon Union notification to the City of a time assessment of Union member(s), the
City will begin the necessary payroll deductions. The City will document and record the
employee deduction and accumulation of hours in the time pool. The City will forward a
monthly statement to the Union.
22.5 The Union shall promulgate rules and guidelines to administer this article in
compliance with all legal requirements to ensure non-discrimination.
34
LEAVES OF ABSENCE
23.1 Leaves of absence without pay for a period not to exceed forty-five (45) days
may be granted to an employee with regular status for any reasonable purpose by the
City Manager or his/her designee. Such leaves may be renewed or extended for any
reasonable purpose not to exceed one (1) year.
23.2 Any employee may, upon request, be granted a leave of absence without pay by
the City Manager 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 employee.
23.3 Leaves of absence, with or without pay, may also be granted to employees by
the City Manager 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.
23.4 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 Florida Statutes.
23.5 Any employee 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 when an employee's leave of absence is in excess of thirty (30) days. Any
member may elect to continue hospital and/or personal insurance plans by personally
making future payments for this coverage.
23.6 No employees shall accrue seniority, vacation or sick leave credits while on an
authorized leave of absence. Upon reinstatement, these benefits will be at the level
they were at the beginning of the leave and will accrue at the same rate as prior to the
authorized leave.
23.7 The City shall comply with the Family and Medical Leave Act.
35
ARTICLE 24
EDUCATIONAL INCENTIVE
24.1 The Educational Incentive will be paid in the first pay period of December so long
as an employee is certified. The Educational Incentive Pay shall be based on the
employee's base rate of pay on November 30 of each contract year. Employees who
begin employment after November 30, and/or employees who attain the specified
educational qualifications or certifications after November 30 and/or employees who
have an unpaid leave of absence in excess of thirty calendar days (other than FMLA
leave) in the twelve months prior to November 30, shall be entitled to a pro rata share of
the applicable Educational Incentive Pay. This shall be computed by taking the
Educational Incentive payment, dividing by 365 days, times the employee's days of paid
employment and/or educational attainment since November 30 of the prior year.
Employees who retire shall be entitled to a pro rata payment of the applicable
Educational Incentive Pay, as specified above, for which they have been qualified or
certified.
Employees who separate from service with the City, other than retirement prior to
November 30 shall not be entitled to any Educational Incentive Pay.
24.2 Educational Incentive will be given in one (1) lump -sum payment for the following
educational achievements:
A. EMT I or EMT II - 5%
B. Florida State Fire Instructor - $600
Employees meeting the qualifications below shall receive only one of the
following:
C. Associates Degree in either Fire Science, EMS, or Nursing or any
combination of the three or a Bachelor's Degree in a major accepted by the State for
supplemental firefighter's compensation - 5% up to $2,570 (only for persons hired prior
to November 1, 1997 and who received their Associates or approved Bachelor's degree
by September 30, 2000.
D. Associates Degree in either Fire Science, EMS, or Nursing or any
combination of the three or a Bachelor's Degree in a major accepted by the State for
supplemental firefighter's compensation - 3% up to $2,570 (only for persons hired on or
after November 1, 1997 or persons hired prior to November 1, 1997 who receive their
Associates or approved Bachelor's degree after September 30, 2000
36
24.3 Effective calendar year 2002, Dive Rescue certified employees who maintain
their certification and successfully complete City training requirements will be paid (1)
lump sum payment of $500 in accordance with 24.1, beginning in December 2002.
37
ARTIrl F 9.r,
EDUCATION REIMBURSEMENT PROGRAM
25.1 The City shall budget $15,000 per fiscal year to reimburse employees for
approved job related courses. Approval of courses shall come from the Fire Chief.
25.2 An employee who wishes to obtain education reimbursement shall complete the
Course/Program Pre -Approval Form. It is the employee's responsibility to submit the
completed form to their immediate supervisor, and receive the Fire Chief's written
approval, prior to the start of the course.
25.3 If the employee fails to provide the required information to their immediate
supervisor by the above referenced deadline, educational tuition reimbursement may be
denied.
25.4 To receive the education reimbursement payment for the approved
course/training, the employee must submit an itemized receipt of the tuition and
appropriate costs, along with evidence of the satisfactory completion of the
course/training, to the City within sixty (60) days of completing the course.
25.5 The City shall reimburse employees at the tuition rate approved by the Florida
Board of Regents for Florida Atlantic University or Florida International University,
whichever is higher. The City shall pay for the appropriate costs of the courses,
including registration fees, charge for semester hours lab fees, textbooks, etc. The City
shall not pay for late registration fees, miscellaneous supplies, travel time or travel
expenses and cost of transcripts.
25.6 Any course which results in a state certification shall not be reimbursable until
state certification is awarded.
25.7 If an employee does not pass a course with a grade of "C" or better, or withdraws
from a course the employee shall not be eligible for the educational reimbursement.
25.8 All education reimbursements an employee receives from the City may be
subject to taxation per applicable laws.
25.9 If an employee voluntarily terminates prior to two (2) years from completion of the
course(s), the City shall be reimbursed for all expenses. The City shall deduct this
amount from the employee's final paycheck.
-3
25.10 All employees who have received educational reimbursement and are currently
enrolled in a class or classes pursuant to the terms of the October 1, 1997 contract and
are attending said classes on the effective date of this contract, shall comply with all
terms of the October 1, 1997 Article 25. Any requests for educational reimbursement
received after the effective date of this contract shall be in compliance with the terms
and conditions set forth in the October 1, 2000 Article 25.
39
ARTICLE 26
26.1 In the event of a death in the immediate family of an employee on a 48 hour work
week, the employee shall be granted up to one (1) twenty-four (24) hour shift off with
pay. If the death occurs during the employee's work shift, shift on which the death
occurs shall not be counted. An additional twenty-four (24) hour shift will be granted for
out-of-state funerals. The compensation for this additional twenty-four (24) hour shift
will be paid from accrued leave time available (sick leave, personal leave, vacation
leave).
26.2 Immediate family shall be defined as employee's spouse, children, mother,
father, sister, brother, step parents, step grandchildren, 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.
26.3 The City reserves the right to require documentation supporting approval of
bereavement leave after the employee returns to work.
26.4 Applications may be made to the Fire Chief and/or his/her designee 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).
26.5 Employees assigned to a 40 hour work week shall be granted three (3) working
days of bereavement leave with pay in the event of a death in the immediate family
within the State of Florida. Five (5) working days will be granted in the event of a death
outside the State of Florida and the employee travels outside the State of Florida in
response to that death.
RE,
ARTIrl F 97
UNIFORMS
27.1 The City shall supply as needed to each member, at no cost to the member:
a. Dress Uniform:
Short sleeve, button shirt with Fire Rescue Patch, white for Lieutenants,
blue for all others.
Dark blue pants
Black belt
Badge
b. Daily Uniform:
Short sleeve polo type shirt, with Fire Rescue and Union embroidery in
chest and TAMARAC FIRE RESCUE on back
Dark blue pants
Black belt
Blue baseball style cap with approved Union logo
C. Work Uniform:
Blue T-shirt with approved Union logo
Dark blue pants
Black belt
d. Turn -out Gear:
Helmet
Coat
Pants
Boots
Gloves
Hood
Suspenders
SCBA Mask
e. Miscellaneous:
Blue winter jacket
Blue sweatshirt with approved Union logo
Jumpsuit
Where specified above under multiple lists, one item may serve to complete more than
one uniform. Whenever possible, components shall be approved for structural
firefighting under the appropriate NFPA standard.
41
27.2 Any member who loses or fails to take proper care in safeguarding his/her
equipment shall replace the equipment at his/her own expense. Personal equipment
damaged in the course of performing required job duties 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, knives, rescue
or fire tools, and wedding bands. All lost or misplaced City issued equipment, clothing
or uniforms will be replaced by the employee.
27.3 All employees shall wear ANSI approved black safety shoes or boots, for which
they will receive reimbursement from the City for the actual costs of the shoes or boots
up to $200.00 every two years. In order to be reimbursed, the employee must receive
prior written approval from the Fire Chief or designee.
42
ARTICLE 28
TERMINATION OF BENEFITS
28.1 Vacation time, sick leave, holiday time and overtime that has been performed
and is in an accumulated status, will be compensated in accordance with applicable
contract provisions 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
28.2 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, but not limited to, Fire
Rescue Department equipment, health insurance cards, and City identification cards.
43
ARTICLE 29
PROBATIONARY PERIOD/EMPLOYEE (NEW HI
29.1 The probationary period for all new employees shall be one year from the date of
employment as a Firefighter. An employee shall be formally reviewed once after three
months, six months and 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.
29.2 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 and not subject to the Grievance Procedure and Arbitration Procedure in
this Agreement.
29.3 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.
29.4 The probationary period may be extended once for a period of up to six (6)
additional months at the sole and exclusive discretion of the Fire Chief with the approval
of the City Manager or his/her designee only in situations where the probationary
employee could not be evaluated.
29.5 Notwithstanding any provision of this Agreement, job benefits for probationary
employees in the area of leave shall be consistent with the leave provisions in this
Agreement.
44
ARTICLE 30
SENIORITY
30.1 Each employee shall have seniority standing in the Fire Rescue Department
equal to the employee's total length of continuous service with the City of Tamarac Fire
Rescue Department.
30.2 Seniority as defined in this article shall be used in the pick of vacations and to
determine any matters involving seniority which are utilized in this contract.
30.3 For the purposes of determining seniority, the original date of employment for an
employee who has had a break in service (i.e. left the City's employment and
subsequently returned) shall be advanced (moved forward) the commensurate number
of calendar days to incorporate the total number of calendar days during which the
employee did not work for the City.
30.4 Any "ties" identified as a result of the use of this article shall be broken by the use
of the following criteria:
1. Original Date of Employment
If the same: 2. Date employee signed the Conditional Offer of Employment
If the same: 3. Date and, if applicable, time employment application was received by
Personnel Department
If the same: 4. Date application was signed by the employee.
30.5 The Personnel Department annually will publish a seniority list by September 1st
45
ARTICLE 31
PERSONNEL REDUCTION
31.1 In the event of personnel reduction, employees shall be laid off in the inverse
order of their seniority in the Tamarac Fire Rescue Department. 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.
31.2 Employees shall be recalled from layoff in accordance with their seniority in the
Tamarac Fire Rescue Department. No new employee shall be hired as a Firefighter
until all employees on layoff status in that classification have had an opportunity to
return to work; however, such employees may be required to pass a pre -employment
medical examination at time of recall. No laid off employees shall retain recall rights
beyond twelve (12) months from date of layoff.
31.3 An employee being recalled shall be notified by certified mail (return receipt) and
shall have fifteen (15) working 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.
46
ARTIrl F'19
PROMOTIONAL EXAMINATIONS
32.1 Promotional examinations will be scheduled by the Personnel Director or
designee. Promotional exams will be scheduled at least once every two (2) years or
when a promotional list is depleted. Driver/Engineer exam will be given in even
numbered years beginning in 2002, prior to June 1. Lieutenants exam will be given in
odd numbered years beginning in 2003, by June 1.
32.2 Promotional examinations may be composed of the following components: an
assessment center, practical demonstration of skills, a written test and/or an oral review
board; provided that there will at least be a written test or a written portion of an
assessment center.
32.3 All promotions shall be made by using the competitive test process outlined in
this Article.
32.4 Each component of the testing process will be valued at 100 points. Each
component shall require a passing score of 70%. The final score shall be based on the
total score of all components divided by the number of components.
32.5 The written test will be drawn from not more than four (4) recognized Fire
Department texts, the Tamarac Fire Rescue Department Operations Manual, and Rules
and Regulations.
32.6 A promotional list shall be compiled from the list of employees that earn a
passing score on each component of the examination.
32.7 All promotions shall be made from the existing lists. The Fire Chief shall have
the sole and exclusive discretion to pick from the top three (3) candidates for any
promotion.
32.8 When a promotion is made from the top three (3), the next ranked applicant shall
be moved up on the list to provide a pool of three from which to make the next selection.
32.9 If fewer than three (3) candidates pass all components of the examination,
promotions may be made from those passing the examination.
47
32.10 Eligibility for taking the examination for the following positions within the
Bargaining Unit:
A. Driver/Engineer Firefighter 5 or above and successful
completion of Apparatus Operation course
approved by the Fire Chief.
B. Fire Lieutenant 5 years of service with Tamarac Fire Rescue,
or 3 years of service with Tamarac Fire Rescue
and Degree in Fire Science (either Associates
or Bachelors).
Any person promoted to the position of
Lieutenant after October 1, 1999 must within 2
years of the effective date of the promotion
acquire and maintain the following: 1) A State
of Florida Paramedic Certificate and 2) either
a State of Florida Fire Officer 1 Certification or
a Degree in Fire Science (either Associates or
Bachelors), or he/she will be returned to his/her
previously held position.
32.11 Veteran's preference points shall be awarded in accordance with Florida State
Statutes.
ARTICLE 33
PROMOTIONAL PROBATION
33.1 An employee receiving a promotion from a lower to a higher position shall be
placed on a six (6) month probation period at the time of promotion. The Fire Chief
shall prepare an Employee Performance Appraisal and Development Plan Form after
two (2), four (4) and six (6) months and make his/her recommendations to the City
Manager or his/her designee for regular status in the position. The expiration of the six
(6) months shall become the employee's annual review date.
33.2 If at any time during the probationary period, a promoted employee does not
perform satisfactorily, he/she shall be returned to his/her original classification. In the
event his original classification is occupied, the last employee promoted to fill that
classification shall be returned to his/her previous position.
33.3 The probationary period may be extended once for a period of six (6) additional
months at the sole and exclusive discretion of the Fire Chief with the approval of the
City Manager or his/her designee only in situations where the probationary employee
could not be evaluated.
49
ARTIrl F RA
UNION BUSINESS
34.1 District Vice -President and/or designee 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 including reason, time and
location 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) Employees of equal rank shall have the right to
exchange shifts when the change does not interfere
with the operation of the Fire Department.
34.2 Time off as provided in this Article for local Union officials shall not exceed a
combined total of twelve (12) twenty-four (24) hour shifts being 288 hours total for the
conduct of Union business in any one (1) fiscal year.
34.3 Any Union member designated by the District Vice -President may attend Union
business after agreement in writing by the Fire Chief.
34.4 Time spent on authorized Union business or otherwise permitted under this
Article, will not be counted as hours worked for computation of overtime.
34.5 Time off as provided in this Article may be used by elected firefighter pension
board trustees for attendance at firefighter pension board meetings, and conferences or
seminars approved by the firefighter pension board. The City will provide up to two (2)
twenty four hour shifts per fiscal year per elected trustee for this purpose. The Union
will provide up to two (2) twenty four hour shifts per fiscal year per elected trustee for
this purpose. Time used in each fiscal year by each elected trustee shall be divided
equally between the City and the Union.
34.6 All leave requests for Union business or leave as otherwise permitted under this
Article must be signed by the Union District Vice -President before approval.
So
APTIrl F R-
EMPLOYEE RIGHTS
35.1 Employees within the bargaining unit shall have all of the rights provided for in
Florida State Statutes including any and all administrative and judicial interpretations of
said Statutes including the right to join and participate in an employee organization, to
negotiate collectively, to be represented in the determination of grievances, and engage
in activities not prohibited by law.
51
ARTICLE 36
RULES AND REGULATIONS
36.1 The Union agrees that its members shall comply with all Fire Rescue Department
Rules and Regulations, including those relating to conduct and work performance.
36.2 A current copy of the Rules and Regulations shall be available for review in the
City's computer library.
36.3 These shall be updated annually as a minimum or as needed by the Fire Chief.
36.4 All Rules and Regulations affecting hours, wages, or working conditions, if
amended, shall be subject to collective bargaining (F.S. 447).
52
ARTICLE 37
FIREFIGHTERS BILL OF RIGHTS
37.1 The City and the Union agree to fully comply with all provisions of the
"Firefighters Bill of Rights" in accordance with Florida Statutes and a copy of those
provisions shall be included in the Tamarac Fire Rescue Department Rules and
Regulations.
53
ARTIrl F RR
DRILLS/TRAINING
38.1 The Fire Chief shall have the sole responsibility for the training of members
within the Fire Rescue Department. The Training Officer, designated by the Fire Chief,
will post training, classes, and drill schedules.
38.2 Weekday drills and/or classes will be between 8 a.m. to 10:00 p.m., Monday
through Friday.
38.3 No drills on holidays.
38.4 No more than one complete physical drill in full bunker gear per twenty-four hour
tour.
38.5 Physical drills at the Fire Academy will be no longer than eight (8) hours.
38.6 Drills shall be suspended or modified when in the opinion of the Lieutenant, the
weather conditions pose a hazard to the well being of the participants.
38.7 Drills and/or classes will be from 0800 hours to 1600 hours on Saturday unless
otherwise specified by a night drill.
38.8 The City reserves the right to establish minimum training standards. These
standards shall be established by the Fire Chief.
38.9 Shift Lieutenants shall be assigned the responsibility of ensuring that training
standards are accomplished.
54
ARTIrl F 'AQ
MAINTENANCE DAY
39.1 As a guideline for twenty-four (24) hour shift employees, the normal work day for
all routine activities, i.e., - vehicle maintenance, station maintenance, and all other
similar activities - shall begin at 0800 and end at 1600, (with the exception of training,
vehicle readiness, and service readiness and/or capability).
55
ARTIrl F An
.InR nl ITIFR
40.1 It is understood by the parties that the duties enumerated in job descriptions are
not always specifically described. The City agrees that it will not require new tasks and
duties to be performed which are not inherent in the nature of the work or do not fall
within the skills and other factors common to the position.
40.2 Whenever there is proposed change in the job description of a classification or
position within this bargaining unit, the City shall discuss with Union the proposed
changes. If the Union is not satisfied with the proposed changes, it may in writing within
ten (10) days of the conclusion of the discussion stated above, request a hearing before
the Personnel Director. This hearing shall be held at a mutually agreeable time within
thirty (30) days of the hearing request. If either party is not satisfied, the differences
shall be resolved pursuant to bargaining in accordance with F.S. 447. The City agrees
not to require any employee hired prior to October 1, 1994 to become a Paramedic,
except as outlined in Article 32.
40.3 Personnel covered by this contract shall not be required to perform lawn
maintenance.
681
ARTIC:I F 41
CIVIL SHITS
41.1 The City agrees to defend and hold harmless, any member covered by this
Agreement, and automatically undertakes 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 counter suits.
57
ARTICLE 42
BULLETIN BOARDS
42.1 The City shall furnish one (1) bulletin board per station for the exclusive use of
Local 3080, International Association of Firefighters, 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 District Vice President (DVP) of Local 3080 or
his designee by official seal, stamp or signature.
ARTirI F XA
WORK STOPPAGES
43.1 The Union agrees that its members will not engage in strikes, slow downs,
boycotts, stoppage of work, refusal of assignments, or any interference with efficient
management and operation of the Fire Rescue Department and the City.
43.2 It is recognized by the parties that the activities enumerated in Paragraph 1, 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.
59
ARTICLE 44
DIVE RESCUE
44.1 Both the City and the Bargaining Unit agree that the sole purpose of providing
this service is in an effort to save lives and in emergency situations. In no case are Fire
Rescue Department divers used for salvage operations.
44.2 The City shall not be obligated to maintain a Dive Rescue Function.
01
ARTIrl F 4.r,
NON-DISCRIMINATION
45.1 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. Individuals covered by the Americans with Disabilities Act shall not be
discriminated against.
61
ARTIrl P AR
SERVICES TO THE UNION
46.1 Upon request, the City shall provide one copy of this Agreement to each
member.
46.2 Upon request, the City agrees to provide one (1) copy each to the Union, without
charge: 1) proposed budget, 2) final budget, 3) mid -year budget, 4) year-end financial
statement.
ARTICLE 47
CIVIL EMERGENCY
47.1 If, a civil emergency condition is declared by the Governor including but not
limited to strikes, work stoppages, riots, civil disorders, hurricane conditions, or similar
occurrences, the provisions of this Agreement may be suspended by the City Manager
or designee during the time of the declared emergency, provided that pay, insurance
and pension benefits shall not be suspended.
63
M.-Agroin WEr:3
SEVERABILITY CLAUSE
48.1 Should any provision 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. The parties agree to immediately meet and confer concerning any
invalidated provision(s).
64
ARTICLE 49
KELLY DAYS
49.1 This article applies only to those employees assigned to a twenty-four (24) hour
shift. A twenty-one (21) day, three (3) Platoon rotating cycle on twenty-four (24)
continuous hours of duty, with one (1) normally scheduled tour of duty (Kelly Day) off
every seventh (7th) shift, shall be maintained for the term of this agreement. "Kelly
Days" shall be bid on the basis of seniority for each platoon on an annual basis during
September of each year.
49.2 The Fire Chief has the right to adjust the "Kelly Day" schedule in order to balance
the rank and number of employees off on any given day at the time of the annual bid.
49.3 In the event of a shift change, employees who have their shift changed due to the
needs of the City shall have the right to re -bid their Kelly Days within their prospective
shifts.
49.4 Any employee may mutually exchange Kelly Days with any other employee
within the Kelly Day cycle with the approval of the Fire Chief or his designee. There will
be no permanent exchange of Kelly Days due to employee request after the initial
annual bid.
65
ARTICLE 50
INCENTIVE PAY
50.1 All assigned Paramedics will be paid a 10% paramedic hourly incentive, as a
supplement to the base rate of pay established in Article 8, Wages. Any paramedic who
is removed from the assignment for 30 consecutive calendar days or less will continue
to receive the supplement for such period of removal. As long as the City provides ALS
transport service at the level currently approved for October 1, 2000, there shall be a
minimum of fifty (50) assigned paramedics provided there are 50 certified paramedics in
the department. Paramedics will be assigned based on seniority. For the life of this
agreement, no assigned paramedic will lose their assignment unless he/she voluntarily
leaves the assignment, is bumped based on seniority or is removed for cause.
50.2 All re -certification requirements shall be the sole responsibility of the paramedic
and EMT. The City will reimburse the employee for the continuing education costs
incurred as long as the course has been pre -approved to attend by the Fire Chief or
his/her designee. Attendance time will be the employee's own time, it will not be
compensated by the City.
50.3 One percent (1 %) shall be added to the base pay for dive rescue certified
employees and remain thereon so long as the employee retains his or her certification
and the City maintains the current dive rescue program. This incentive expires on
December 31, 2001 and is replaced for calendar year 2002 with the dive rescue lump
sum incentive detailed on 24.3.
50.4 Firefighters assigned to a 40 hour work week, for purposes of providing
instruction and training, shall receive 12 hours compensatory time per week for the
assignment period up to a total of 48 hours per fiscal year.
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ARTICLE 51
TERM OF AGREEMENT
51.1 This Agreement shall be effective this 1st day of October, 2000 and shall remain
in full force and effect until and including September 30, 2003.
DATED this �Q_—'day ofQ , 2001.
ATTEST: BY:
CITY MWGEFR
G- th"This day of Y 001.
ATTEST: BY:
CHIEF NEGOTIATOR
This
AP V A T FORM
-MITCFWLL S. KRAFT
CITY ATTORNEY
/'0 day of , 2001.
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS
LOCAL 3080
LOCAL 3080
67
EXHIBIT B
ON of Tamarac
7525 N.W. 88th Avenue, Tamarac, Florida 33321-2401
Telephone: (954) 724-1350 • Facsimile (954) 724-2409
Maria Swanson
Personnel Director
December 18, 2000
Lt. Rex Van Mehren
Vice President
Local 3080
Tamarac Fire Rescue Department
Dear Rex:
As a condition of the acceptance and ratification of the proposed collective bargaining
agreement, effective October 1, 2000, the City and the IAFF, Local 3080 agree to present and
recommend to the Firefighters' Pension Board and the City Commission, amendments to the
Pension Ordinance to become effective March 1, 2001 providing the following changes to the
Firefighter's Pension:
Normal. Retirement at 25 years of service without any age requirement and without a DROP
plan.
• Monthly health insurance subsidy of $10 per completed year of service at retirement
(separation from service). Minimum of $50, to maximum of $300 (net of inflation adjustment)
supplemented by a 2.5% annual adjustment starting at 3/112001. Upon reaching age of
Medicare eligibility, subsidy eliminated.
• Member contributions increase to 9%.
In addition, the City and the IAFF, Local 3080 agree to support the use of all premium tax
revenues, including any past and future increases from the base year revenues, to offset the
costs of providing pension benefits.
Cc: Jeffrey Miller, City Manager
Mitch Kraft, City Attorney
Jim Budzinski, Fire Chief
Sincerely,
Maria Swanson
Director of Personnel
Equal Opportunity Employer