HomeMy WebLinkAboutCity of Tamarac Resolution R-98-035Temp. Reso. #8116
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-98- 35
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE AN AGREEMENT WITH THE
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 3080;
FOR THE PERIOD FROM OCTOBER 1, 1997 THROUGH
SEPTEMBER 30, 2000; 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), Local 3080, expired September 30, 1997; 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,
Director of Personnel, Fire Chief, Personnel Analyst, Budget and Management Officer, and
Battalion Chief; and
WHEREAS, the City of Tamarac and the IAFF, Local 3080 have collectively
bargained in good faith and have reduced said bargaining to an Agreement (Exhibit A); and
WHEREAS, on January 29, 1998 the membership of the IAFF, Local 3080, ratified
the Agreement; and
WHEREAS, it is the recommendation of the City Manager and the negotiating team
to approve the Agreement; and
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Temp. Reso.#8116
WHEREAS, as a condition of the acceptance and ratification of the Agreement, the
City and the IAFF has agreed to make certain amendments to the Pension Ordinance
effective April 1, 1998 providing changes to the Firefighters pension as outlined in the
attached letter (Exhibit B); and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interests of the citizens and residents of the City of Tamarac to approve the
Agreement and provide for its proper execution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA:
SECTION 1 : That the foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and hereby made a specific part of this Resolution.
N That the City Commission approve the Agreement, attached as
"Exhibit A", by and between the City of Tamarac and the International Association of
Firefighters, Local 3080 for the period October 1, 1997 through September 30, 2000.
SECTION 3 : That since the members of the Bargaining Unit ratified the
Agreement on January 29, 1998, the appropriate City Officials are hereby authorized to
execute said Agreement on behalf of the City of Tamarac.
SECTION 4: That the City will prepare amendments to the Pension
ordinance for consideration by the Pension Board and the City Commission as outlined on
Exhibit B.
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Temp.Reso.#8116
5EQTION 55 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 day of February, 1998.
ATTEST:
q)�r. A \
PATRICIA M. MARCURIO
ASSISTANT CITY CLERK
I HEREBY CERTIFY that I
aha approved this RESOLUTIO
t orm.
I CHELL S. KRA
CITY ATTORNEY
00E S HREIBER
Mayor
RECORD OF COMMIS ON VOTE
MAYOR SCHREIBER..
DIST 1: COMM. MCKAYE
DIST 2: V/M MISHKIN ....
DIST 3: COMM. SULTANOF
DIST 4: COMM. ROBERT5
EXHIBIT A
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CONTRACT
BETWEEN
THE CITY OF TAMARAC
AND
TEMP. RESO. 8116
• THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (ZAFF)
EFFECTIVE OCTOBER 11 1997 THROUGH
SEPTEMBER 30, 2000
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TAjjLE OF CONTENTS
ARTICLE NUMBER
PAGE NUMBER(S)
DESCRIPTION
1
4
AGREEMENT
2
5
RECOGNITION
3
6
REOPENER CLAUSE
4
7
MANAGEMENT RIGHTS
5
8-9
GRIEVANCE PROCEDURE
6
10
ARBITRATION
7
11-12
CHECK -OFF
8
13-14
WAGES
9
15
LONGEVITY PAY
10
16
OVERTIME PAY
11
17
CALL-BACK PAY
12
18
BASIC WORK WEEK
13
19
WORKING OUT OF TITLE
14
20-21
VACATION
15
22
HOLIDAYS
16
23
MEDICAL COVERAGE
17
24-25
SICK LEAVE
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18
26
ON-THE-JOB INJURY
19
27
PRESUMED
COMMUNICABLE DISEASES
20
28
WELLNESS PROGRAM
21
29-30
SUBSTANCE ABUSE
22
31
TIME POOL BANK
23
32
LEAVES OF ABSENCE
24
33
EDUCATIONAL INCENTIVE
25
34
EDUCATION
26
35
BEREAVEMENT LEAVE
27
36
UNIFORMS
28
37
TERMINATION OF BENEFITS
29
38
PROBATIONARY PERIOD/
EMPLOYEE (NEW HIRE)
30
39
SENIORITY
31
40
PERSONNEL REDUCTION
32
41-42
PROMOTIONAL EXAMINATIONS
33
43
PROMOTIONAL PROBATION
34
44
UNION BUSINESS
35
45
EMPLOYEE RIGHTS
36
46
RULES AND REGULATIONS
37
47
FIREFIGHTERS BILL OF RIGHTS
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ARTIC,I,E NUM13ER
PAGE NUMBER(S)
DESCRIPTION
38
48
DRILLS AND TRAINING
39
49
MAINTENANCE DAY
40
50
JOB DUTIES
41
51
CIVIL SUITS
42
52
BULLETIN BOARDS
43
53
WORK STOPPAGES
44
54
DIVE RESCUE
45
55
NON-DISCRIMINATION
46
56
SERVICES TO THE UNION
47
57
CIVIL EMERGENCY
48
58
SEVERABILITY CLAUSE
49
59
KELLY DAYS
50
60
INCENTIVE PAY
51
61
TERM OF AGREEMENT
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.
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ARTICLE 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
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ARTICLE 3
REQPENER CLAUSE
3.1 The term of this Agreement shall be three (3) years beginning October 1, 1997 and ending
September 30, 2000.
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.
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1_V�ANAGEMENTRIQHTS
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.
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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. 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 has 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).
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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 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.
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OFFICIAL GRIEVANCE ORM
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 QNE: 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:
Date Received: Date Answered: Signature:
RESOLUTION: ACCEPTED REJECTED Signature:
STEP TWO: MUST BE PRESENTED TO BATTALION CHIEF WITHIN SEVEN (7) DAYS OF
SUPERVISOR'S RESPONSE. BC MUST RESPOND WITHIN SEVEN (7) DAYS OF RECEIPT.
Battalion Chief s response:
Date Received: Date Answered: Signature:
RESOLUTION: ACCEPTED REJECTED Signature:
SjEP_THREE: MUST BE PRESENTED TO THE FIRE CHIEF WITHIN SEVEN DAYS OF
BATTALION CHIEF'S RESPONSE. FIRE CHIEF MUST RESPOND WITHIN SEVEN (7) DAYS.
Fire Chief s response:
Date Received; Date Answered: Signature:
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:
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
(Authorized Union Representative).
Arbitration request received on by
(for the City).
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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 I 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.
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ARTICLE 7
CHECK -OFF
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:
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AUTHORIZATTQN FORDEDUCTION—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
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 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
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Date
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ARTICLE 8
WAGES
8.1 Firefighter, Driver Engineer, Lieutenant
GRADE 01 /01 /98 01 /01 /99
Probationary Firefighter $11.2180 $11.5545
Apprentice Firefighter 5 $12.0594 $12.4211
O1/0./L�00 QUALIEICATIONS
$11.9589
$12.8559 Successfully complete
Apprentice Firefighter 4 $12.9638 $13.3527 $13.8201
Apprentice Firefighter 3 $13.9361 $14.3542 $14.8566
Apprentice Firefighter 2
$15.0510
$15.5025
$16.0451
Journeyman Firefighter 1
$16.3529
$16.8435
$17.4330
Probation, State
Certified Fire Fighter
& CPR Card
1 yr as FF-5, State
Certified Fire Fighter,
EMT Certification &
CPR Card
1 yr. as FF-4, EMT,
Apparatus&Procedure *
& CPR card
1 yr. as FF-3, EMT,
CPR card, Haz Mat I
1 yr. as FF-2, EMT,
CPR card, Haz Mat II,
Tactics I
Driver/Engineer $17.8001 $18.3341 $18.9758
Lieutenant $19.3042 $19.8833 $20.5793
* In 1998, a one-time, one-year extension will be granted for completion of the Apparatus &
Procedures course.
8.2 The base rate of pay for each year is defined as the rate identified above plus the increase
of 2.5% applicable to eligible employees in accordance with Article 9.4.
8.3 The hourly rate of pay is defined as the base rate of pay as defined in Paragraph 8.2 plus
any incentives paid on an hourly basis.
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8.4 Fire Inspectors/ Fire Prevention Bureau
Effective January 1, 1998 the following pay ranges will go into effect. Employees will be placed
in the appropriate category at their current pay or the minimum of the pay range, whichever is
greater.
Probationary Fire Inspector
Fire Inspector
Fire Inspector/Plans Examiner
Min $14.6635 - Max $16.1058
Min $15.3846 - Max $20.0000
Min $16.8269 - Max $24.1893
Effective 01/01/98 all Fire Inspectors will receive a 3% increase.
Effective 01/01/99 all Fire Inspectors will receive a 3% increase.
Effective 01/01/00 all Fire Inspectors will receive a 3.5% increase.
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Successfully
Completed probation
3 yrs.as Fire Inspector/
Plans examiner Cert.
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LONGEVITY PAY
9.1 In December, 1997, full-time employees of record hired prior to October 1, 1994 will
receive a lump sum longevity payment in accordance with the following schedule, based on the
number of years with the Fire Department.
Years Percentage
7 1%
8 2%
9 3%
10 4%
11 5%
12 6%
13 7%
14 7.5%
9.2 Effective January 1, 1998, 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 Department.
Years Percentage
8
1%
9
1%
10
2%
11
2%
12
3%
13
3%
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4%
15
4%
16 and each year thereafter
5%
9.3 Longevity pay shall be based on the base rate of pay effective November 30 of each
contract year.
9.4 Employees who receive a longevity payment under Paragraph 9.1 above shall have their
base pay increased on the first pay period commencing after January 1, 1998 by 2.5%.
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ARTICLE 10
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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 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.
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
twelve (12) 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
certification.
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0 ARTICLE ] II
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CALL-BACK PAY
11.1 All Fire 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.
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0 ARTICLE 12
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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 Chiefs 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 for the term of this Contract shall be forty (40)
hours.
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0 ARTICLF13
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WQRKINQ 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
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. Employees assigned as a rescue supervisor will not
receive additional compensation for this assignment. Beginning October 1, 1999, employees
assigned as a rescue supervisor must be paramedic certified.
13.4 An acting 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.
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- AKTICLE 14
VACATION
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: 24 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
base 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.
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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 as outlined below, or the unused
vacation leave up to the 96 hours will be 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.
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.
c.) Over 120 months employment: Employee must schedule and take at least four (4)
complete tours at twenty-four (24) hours at a time.
14.7 All vacation leave must be taken in blocks of no less than 6 hours.
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ARTICLE 15
HOLIDAYS
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
straight time hourly 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 1 st of each year will be paid in one (1) lump sum
on the first pay day in December to all shift personnel.
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ARTICLE 16
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 fiscal year 98 shall be as follows:
HIP (HMO)
Single
Family
HIP TRIPLE OPT ON
Single
Family
PAID BY EMPLOYEE MONTHLY
$ 0
$ 69.30
$ 30.76
$ 97.14
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.
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ARTICLE 17
I K LEAVE
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 HOUR % 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.
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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.
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MARTICLE 18
•
ON-TH -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 paid his/her full salary for the time which would have been worked
within the equivalent of one Firefighter's average work week, including the time lost on the day of
the injury. Thereafter, the City will supplement the employees' Workers' Compensation benefits
which he/she may be entitled so that the employee shall receive eighty-five percent (85%) of his/her
gross bi-weekly base pay until such time as the employee returns to work, terminates, or retires,
whichever occurs first.
18.2 The employee shall be required to return to the City any monies he/she may have received
from the City which exceed the above specified monies, 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.
18.3 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 Paragraphs 18.1 and 18.2. 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 within the Fire Rescue Department, it may 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 Workers' Compensation benefits shall
require approval by the Fire Chief.
18.4 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 toxicity of carbon
monoxide, and any other toxic gases.
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ARTICLE 19
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 A or B
or Cancer will be entitled to be compensated as in the
"ON-THE-JOB INJURY", Article 18.
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AJtTICLE 20
WELLNESS PR.OQRAM
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 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.
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.
0 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.
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0 ARTICLE 21
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. The City agrees that requiring employees to submit to testing of this
nature shall be limited to circumstances where one (1) supervisor and the Fire Chief, or his/her
designee, have a reasonable belief that the employee is under the influence of such substances. It
is also understood by the parties that the aforementioned authority to require an employee to submit
to such testing must also be approved by the Fire Chief, or his/her designee within the Department.
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.
29
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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.
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ARTICLE 22
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 members, 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.
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0 ARTICLE 23
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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.
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0 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.
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% (only for persons hired prior to February 1, 1995)
B. Florida State Fire Instructor - 1 %
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 - 5% (only for persons hired prior to November 1, 1997 and who
receive their Associates degree by the expiration date of this contract).
D. Associates Degree in either Fire Science, EMS, or Nursing or any combination
of the three - 3% (only for persons hired on or after November 1, 1997 or
persons hired prior to November 1, 1997 who receive their Associates degree
after the expiration date of this contract).
E. Fire Science Certificate, or State Certified Fire Officer, or 33 credits toward
a Fire Science AS Degree - (only for persons hired prior to November 1, 1997
who do not receive the incentive in 24.2.C).
FY 1998 - 2%
FY 1999 - 1.5%
FY 2000 - 1 %
The educational incentive in this sub -section (24.2.E) is sunset on
the expiration date of this contract.
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ARTICLE 25
EDUCATION
25.1 The City shall budget $7,500 per fiscal year to reimburse employees for approved job related
courses. Approval of courses shall come from the Fire Chief.
25.2 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 total cost 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,
traveling expenses and cost of transcripts.
25.3 Any course which results in a state certification shall not be reimbursable until state
certification is awarded.
25.4 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 paycheck.
25.5 If an employee voluntarily terminates prior to one (1) year 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.
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ARJJCLE 26
BEREAVEMENT LEAVE
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.
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PARTICLE 27
UNIFORMS
27.1 The City shall supply as needed to each member, at no cost to the member:
a. Dress uniform consisting of:
Uniform shirts with fire department patches,
Uniform pants,
Black belt,
Navy blue T-shirts or white T-shirts for officers (with approved Union logo),
Black safety work shoes, or Boots,
Badge,
Navy blue baseball style cap (with approved Union logo),
Navy blue jumpsuit with fire department patch,
Navy blue winterjacket
b. Turn -out gear:
Navy blue sweat shirt with Tamarac Fire Rescue logo
Helmet NFPA approved
Coat
Pants
Boots
Suspenders
Gloves
Nomex hood
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 upgraded, ANSI standard black safety shoes or boots, in which case
they shall receive a reimbursement from the City up to $100.00 per year. In order to be reimbursed,
the employee must receive prior approval from the Fire Chief or his/her designee.
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0 ARTICLE 28
TERMINATION OF BENEFIT
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 Department
equipment, health insurance cards, and City identification cards.
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0 ARTICLE 29
PROBATIONARY PERIOD/EMPLOYEE EW HIRE
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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 There shall be no extension of the Probationary Period.
29.4 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.
29.5 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.
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ARTICLE 30
SENIORITY
30.1 Each employee shall have seniority standing in the Fire Department equal to the employee's
total length of continuous service with the City of Tamarac Fire Department.
30.2 Seniority as defined above shall be used in the pick of vacations.
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0 ARTICLE 31
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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 Department. However, 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 performance 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.
31.2 Employees shall be recalled from layoff in accordance with their seniority in the Tamarac
Fire 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.
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ARTICLE 32
PROMOTIONAL EXAMINATIONS
32.1 Promotional examinations will be scheduled by the Personnel Director or designee. The next
round of promotional exams will be scheduled three (3) years from the last exam. Thereafter, the
promotional exams will be given at least once every two (2) years or when a promotional list is
depleted.
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 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.
41.
32.10 Eligibility for taking the examination for the following positions within the Bargaining Unit:
A. Driver/Engineer Apprentice Firefighter 3 or above.
B. Fire Lieutenant A Driver/Engineer for one year, or a
Journeyman/Firefighter.
32.11 Veteran's preference points shall be awarded in accordance with Florida State Statutes.
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ARTICLE 33
PROMOTIONAL PROBATIQN
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 Flan 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 Any unit member promoted to a higher classification shall receive the same base rate as the
others serving in that classification.
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0 ARTICLE 34
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 Manggement
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 ten (10) twenty-four (24) hour shifts being 240 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 will not be counted as hours worked for
computation of overtime.
34.5 All leave requests for Union business must be signed by the Union District Vice -President
before approval.
44
ARTICLE 35
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.
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RULES AND REGULATIONS
36.1 The Union agrees that its members shall comply with all Fire Department Rules and
Regulations, including those relating to conduct and work performance.
36.2 At each station there shall be maintained two (2) current copies of the Rules and Regulations.
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).
46
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 Department Rules and Regulations.
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0 ARTICLE 38
Cl
DRILLS/TRAINING
38.1 The Fire Chief shall have the sole responsibility for the training of members within the Fire
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.
48
ARTICLE 39
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).
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ARTICLE 40
JOB DUTIES
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. 1f 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.
40.3 Personnel covered by this contract shall not be required to perform lawn maintenance.
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ARTICLE 41
CIVIL SUITS
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 countersuits.
0 51
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.
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ARTICLE 43
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 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.
�J
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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 Department divers used
for salvage operations.
44.2 The City shall not be obligated to maintain a Dive Rescue Function.
1-1
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•
ARTICLE 45
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.
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ARTICLE 46
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.
•
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C�
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.
57
ARTICLE 48
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).
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LJ
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.
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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, 1998, there shall be a minimum of forty (40) assigned paramedics provided there are
40 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 recertification requirements shall be the sole responsibility of the paramedic. The City
will reimburse the paramedic 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.
50.4 Florida State Certified Instructor assigned to a 40 hour work week, for purposes of providing
instruction and training, shall be paid a ten (10%) percent hourly incentive during the assignment
period. Any other firefighter assigned to a 40 hour work week, for purposes of providing instruction
and training, shall be paid a five (5%) percent hourly incentive during the assignment period.
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r]
ARTICLE 51
TERM OF AGREFMENT
51.1 This Agreement shall be effective this 1 st day of October, 1997 and shall remain in full force
and effect until and including September 30, 2000.
DATED this 11 day of February . , 1998.
Patricia Marcurio, CMC
ATTEST: Ass't City Clerk
MumWiMMUNAWNWOM
CI Y OF TAMARAC
"'>e�_ C��'h /
AYOR , Joe Schreiber
This ii day of February , 1998.
BYN'
CITY MANAGER, Robert S . Noe, Jr.
This li d rua , 1998.
BY:
CHIEF NEGOTIATOR
This 11 day of February—, 1998.
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS
ZL 308
REX VAN MEHREN, DVP LOCAL 3080
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EXHIBIT B
ECY
Maria Swanson
Personnel Director
City of Tamarac
7525 N.W. 88th Avenue, Tamarac, Florida 33321-2401
Telephone: (954) 724-1350 • Facsimile (954) 7244-2409
January 12, 1998
Lt. Rex Van Mehren
Vice President
Local 3080
10320 NW 39th Manor
Coral Springs, FL 33065
Dear Rex:
As a condition of the acceptance and ratification of the proposed collective
bargaining agreement, effective October 1, 1997, the City and the IAFF, Local
3080 agree to present and recommend to the Pension Board and City
Commission, amendments to the Pension Ordinance to become effective April 1,
1998 providing the following changes to the Firefighter's Pension:
• Normal Retirement at age 52 with 25 years of service.
• Early retirement with 25 years of service regardless of age with a smaller
early retirement reduction factor (3.3% per year).
• Member contributions increase to 8.5%.
Cc: City Manager
City Attorney
Fire Chief Budzinski
Sincerely,
Maria Swanson
Director of Personnel
Equal Opportunity Employer