HomeMy WebLinkAboutCity of Tamarac Resolution R-95-191f]
ILI
1
Temp. Reso. #7098
Revised 6/22/95
Revised 6/23/95
Revised 7/28/95
Revised 8/10/95
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-95Z?Z
-
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, 1994, THROUGH SEPTEMBER 30,
1997; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
WHEREAS, the Agreement between the City of Tamarac and the International
Association of Firefighters, Local 3080, expired September 30, 1994; 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,
Assistant City Manager, Personnel Director, Fire Chief, and Budget Officer; and
WHEREAS, the City of Tamarac and the International Association of Firefighters,
Local 3080, have collectively bargained in good faith and have reduced said bargaining
to an Agreement; and
WHEREAS, on July 21, 1995, the International Association of Firefighters, Local
3080, ratified the Agreement; and
1
2
Temp. Reso. #7098
Revised 6/22/95
Revised 6/23/95
Revised 7/28/95
Revised 8/10/95
WHEREAS, it is the recommendation of the negotiating team to approve the
Agreement; 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.
SECTION 2: 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, 1994, through September 30, 1997.
SECTION 3: That since the members of the Bargaining Unit ratified the agreement
on July 21, 1995, the appropriate City Officials are hereby authorized to execute said
Agreement on behalf of the City of Tamarac.
SECTION 4: That all appropriate budget transfers required to fund the provisions
of this Resolution are hereby approved.
1
1
f]
3
Temp. Reso. #7098
Revised 6/22/95
Revised 6/23/95
Revised 7/28/95
Revised 8/10/95
SECTION 5: All resolutions or parts in conflict herewith are hereby repealed to the
extent of such conflict.
SECTION 6: 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 7: This Resolution shall become effective immediately upon its passage
and adoption.
PASSED, ADOPTED AND APPROVED this day of September 1995.
AT ST:
AROL A. EVANS a C M G
CITY CLERK
I HEREBY CERTIFY that I have
approved this RE OLUTION
MITCHELL S. KRAFT
CITY ATTORNEY
RECORD OF COMMISSION VOTE
MAYOR
ABRAMOWITZ
DIST. 1:
V / M KATZ �.
UST. 2:
COMM. MISHKIN
CrST. 3:
COMM. SCHREIBER
,DIST. 4:
COMM. MACHEK
0
11
Exhibit A
Temp. Reso. #' 7098
CONTRACT BETWEEN
THE CITY OF TAMARAC
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS
LOCAL 3080
EFFECTIVE OCTOBER 1, 1994 THROUGH
SEPTEMBER 30, 1997
TABLE OF CONTENTS
ARTICLE NUMBER
PAGE N UBE_8151
DESCRIPTION
1
1
Agreement
2
2
Recognition
3
3
Reopener Clause
4
4
Management Rights
5
5-6
Grievance Procedure
6
7-8
Arbitration
7
9-10
Check -Off
8
11
Wages
9
12
Longevity Pay
10
13
Overtime Pay
11
14
Call-back Pay
12
15
Basic Work Week
13
16
Working Out of Title
14
17
Vacation
15
18
Holidays
16
19
Medical Coverage
17
20-21
Sick Leave
18
22
On -the -Job Injury
19
23
Presumed
Communicable Diseases
20
24
Wellness Program
21
25-26
Substance Abuse
22
27
Time Pool Bank
23
28
Leaves of Absence
24
29
Educational Incentive
25
30
Education
26
31
Bereavement Leave
27
32-33
Uniforms
28
34
Termination of Benefits
29
35
Probationary Period/
Employee (New Hire)
30
36
Seniority
31
37
Personnel Reduction
32
38-39
Promotional
Examinations
33
40
Promotional Probation
34
41
Union Business
35
42
Employee Rights
36
43
Rules and Regulations
44
Firefighters Bill of Rights
37
171
C�
38
45
Drills and Training
39
46
Maintenance Day
40
47
Job Duties
41
48
Civil Suits
42
49
Bulletin Boards
43
50
Work Stoppages
44
51
Dive Rescue
45
52
Non -Discrimination
46
53
Services to the Union
47
54
Suspension of Labor
Agreement (Civil
Emergency)
48
55
Severability Clause
49
56
Kelly Days
go
57-58
Term of Agreement
/F- C�.:- / � /
0
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.
ARTICLE 2
R COGNITI N
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, Fire Lieutenants, Fire
Inspectors
EXCLUDED: Fire Chief, Fire Marshal, Assistant
Chief
0 2
ARTICLE 3
REOPENER CLAUSE
3.1 The term of this Agreement shall be three (3) years beginning October
1, 1994 and ending September 30, 1997.
3.2 No articles shall be opened for negotiations during the term of this
Contract except those mutually agreed upon by the Union and the City.
3 1*
qs - I � 1
• ARTICLE 4
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.
0 4
R- 9�'6- - / � /
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.
Grievances shall be presented in the following manner and every effort shall be
made by the parties to secure the prompt disposition of such grievance:
5.3 The grievance procedure will be as follows:
Step 1 The employee shall first take up his/her grievance with his/her
immediate supervisor within five (5) administrative working days of the
occurrence of the event(s) which gave rise to the grievance. For the
purposes of this Article, administrative working days shall mean
Monday through Friday. Such a contact between the employee and
his/her immediate supervisor shall be on an informal and oral basis.
To ensure adequate documentation, all grievances shall be presented
on an official grievance form as attached. 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.
Step 2 Any grievance which cannot be satisfactorily settled with the immediate
supervisor shall be reduced to writing by the employee and shall next
be taken up with the Fire Chief. Such grievance shall be presented
to the Chief in writing within five (5) administrative working days of
the deadline date for completion of Step 1. The Fire Chief shall, within
five (5) administrative working days after presentation of the grievance
(or such longer period of time as is mutually agreed upon), render
his/her decision in writing with a copy to the Union.
5
�. 9S-ill
Step 3 In the event the employee is not satisfied with the disposition of the
grievance in Step 2, he/she shall have the right to appeal the Fire Chiefs
decision to the City Manager or his/her designee within five (5)
administrative working days of the date of the issuance of the Fire
Chiefs decision. Such appeal must be accompanied by the filing of a
copy of the original written grievance together with a letter signed by
the employee, or at the employee's option, the representative of the
union, requesting that the Fire Chiefs decision be reversed. The City
Manager or his/her designee shall within ten (10) administrative
working days of the filing of the appeal (or some longer period
of time as is mutually agreed upon) render his/her decision in writing
with a copy to the Union.
5.4 Where a grievance is general in nature in that it applies to a number of
employees rather than a single employee or if the grievance is directly between the
local union and the department and the city, it shall be presented in writing directly
to the Fire Chief 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 2 and 3.
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 3 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.
0 6
OFFICIAL
GRIEVANCE FORM
INSTRUCTIONS: Before completing this form, carefully read the provisions of Articles 5 and 6 in tr
Contract: Type or print very plainly. Use additional paper if more space is require(
RANK
,yAME
APPROVED BY UNION GRIEVANCE BOARD by
STATI O N
& SHIFT
Title
STEP 1. Grievances Must Be Filed Within 5 Administrative Working Days of Event (include date)
Supervisor's Answer:
Signature
Article/section violated
Remedy
Signature
Date Received
Date Answered
Date Filed
STEP 2. Must be Filed Within 10 Da s of Event.
I (am) (am not) satisfied with the answer given me by my Supervisor and (wish)
(do not wish) to have my grievance heard by the Fire Chief.
Signature
Fire Chief Answer:
Signature
Date Received
Date Answered
Date Received _
Date Answered
STEP 3. Must be Filed Within 5 Da s of Fire Chief's Answer.
I (am) (am not) satisfied with the answer given me by the Fire Chief and (wish)
(do not wish) to have my grievance heard by the City Manager.
Signature Date Received
Date Answered
City Manager Answer
Signature Date Received .
Date Answered
ARBITRATION MUST BE FILED WITHIN 15 DAYS F CITY MANA ER'S ANSWER.
(am) (am not) satisfied with the answer given me by the City Manager and (wish)
(do not wish) to submit my grievance to arbitration.
gnatures: Employee: Date �--
Union President/Designee: Date
REQUEST FOR ARBITRATION RECEIVED BY CITY MANAGER Date
ARTICL 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 2 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.
0 7
6.5 The decision of the arbitrator shall be final and binding. 0
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 purpose of this Article, administrative working days shall mean
Monday through Friday.
E•l
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 thirty (30) days
in advance of said change. Under no circumstances shall the City be required to
deduct initiation fees or Union fines, penalties or assessments from the wages of
any member.
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:
0 9
AUTHORIZATION FOR DEDUCTION OF I F 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:
1 N STRUCTIONS T S T OP PAYROLL DEDUCTION OF IAF D ES
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
VEBISCATION OF NOTICE TO UNION REGARDING DUES DE UCT ON
Iof the IAFF Local 3080 verify
has notified the Union of
that
his/her wages.
Date
Signature
10 0
9
r_11,W3
WAGES
FISCAL YEAR 1995
PROBATION FIREFIGHTER $10.0038 hr. State Cert.
Firefighter, CPR
card and EMT
Certification
APPRENTICE FIREFIGHTER 5 $10.4565 hr. Successfully
complete probation
APPRENTICE FIREFIGHTER 4 $11.1004 hr. Two (2)
yrs. on job,
EMT, valid CPR
card
APPRENTICE FIREFIGHTER 3 $12.3882 hr. 1 yr. as FF-4, CPR
card and EMT Cert.
APPRENTICE FIREFIGHTER 2 $13.6761 hr. 1 yr. as FF-3,
EMT, valid CPR
card, Haz Mat I
JOURNEYMAN FIREFIGHTER 1 $14.9641 hr. 1 yr. as FF-2,
EMT, valid CPR
card, Haz Mat 11,
Tactics I
DRIVER/ENGINEER $16.2889 hr.
LIEUTENANT $17.6627 hr.
INSPECTOR 3% effective 10/1/94
8.1 In Fiscal Year 1996, there shall be a three percent (3%) increase in wages. In
Fiscal Year 1997, there shall be an additional three percent (3%) increase in wages.
The above cited increases shall also apply to the job classification of Fire Inspector.
11
/i,- i,--/g/
ARTIC E 9
LONGEVITY AY
9.1 Full-time employees will receive a lump sum longevity payment annually on
the first pay period in December in accordance with either longevity scale listed
below. Longevity is based on the number of years with the Fire Department.
Longevity pay shall be based on the rate of pay effective November 30 of each
contract year.
9.2 For employees hired on or after October 1, 1994, the longevity schedule shall
be as follows:
YEARS PE C T G
10 - 14 1%
15 - 19 3%
20 + 5%
9.3 For employees hired prior to October 1, 1994, the longevity schedule shall be
as follows:
YEARS PERCENTAGE
7
1%
8
2%
9
3%
10
4%
11
5%
12
6%
13
7%
14
7.5%
12 0
ARTICLE 10
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 basic rate of pay for time in excess
of an average Firefighter's work week.
10.2 Overtime is caused when one or more of these two conditions are not met:
a) One Lieutenant must be on duty;
b) and one Driver/Engineer on duty working in that capacity.
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 New employees and newly promoted employees shall be placed on the bottom
of Overtime List.
10.4 Individuals who have passed an examination within three (3) years may be
offered overtime for Driver/Engineer, if all paid Drivers refuse overtime. Individuals
who have passed an examination within three (3) years may be offered overtime as
Lieutenant, if all paid Lieutenants refuse overtime.
10.5 Only the Fire Chief or his designee may call overtime for the Fire Inspectors.
0 13
ART ICL 11
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 rate of pay.
11.2 The officer in charge shall be the authorized agent to initiatelterminate the
call-back for shift personnel. The Chief or his designee shall be the authorized agent
to initiate/terminate the call-back for day personnel.
0
14 0
0 ARTICLE 12
BASIC WORK WEEK
12.1 The normal work week for the term of this contract shall be an average of
forty-eight (48) hours. Nothing herein shall guarantee any employee payment for the
above mentioned forty-eight (48) hours of his/her actual hours worked unless
his/her authorized compensated leave totals forty-eight (48) hours. For the purpose
of this Contract, authorized compensated leave shall mean leave compensated
under the terms of this Contract or under City policy.
12.2 It is the intention of the parties to this Contract that members of the
Bargaining Unit will work a twenty-four (24) hour shift with forty-eight (48) hours off.
Further, it is the intention of the parties that these twenty-four (24) hour shifts will
begin at 8:00 a.m. As to the individual members of the Unit, the Fire Chief or his/her
designee may, from time to time, make exceptions from this normal shift schedule.
12.3 The normal work week for Fire Inspectors for the term of this Contract shall
be forty (40) hours.
fil
15
ARTICLE 13
WORKING OUT OF TIT
13.1 The City agrees to take necessary action to minimize the utilization of
employees working out of their classification. When it is necessary for an employee
to work in a higher classification, he/she shall be paid at a rate of seventy-five cents
($0.75) per hour for the higher classification. A minimum of twelve (12) consecutive
hours within a tour must be worked in order to be paid.
13.2 The ladder driver will also be considered working out of title when no
permanent driver is working in this position.
13.3 Members who are on current lists for positions of driver and lieutenant shall
be utilized first.
16
n
ARTICLE 14
VACATION
14.1 Shift employees 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: effective October 1, 1996, 24
hours for each completed month of service.
14.2 Fire Inspectors covered by this Contract shall accrue paid vacation time 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: effective October 1, 1996, 14
hours for each completed month of service.
14.3 Vacation leave may be accumulated but not in excess of 400 hours.
14.4 Any employee who is separated from the service (resignation, death,
retirement or discharge) shall be compensated in cash for all accrued and unused
vacation time at his/her regular (straight time) rate of pay at the time of separation,
provided 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.
14.6 A minimum of four (4) tours shall be taken each Contract year.
0 17
ARTICLE-1-5
HOLIDAYS
15.1 All employees covered by this Contract that are assigned to shifts when a
holiday occurs, shall receive, in addition to his/her regular pay, twelve (12) hours
pay at his/her straight time hourly for each of the following holidays:
NEW 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 DAY
All Fire Inspectors covered by this Contract 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.
18 0
9
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:
It is agreed that effective October 1, 1994, 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 therefor.
16.2 The cost of medical benefits paid by employees during fiscal year 95 shall be
as follows:
HUMANA HMO
Single Coverage
Family Coverage
H MANA PPO
Single Coverage
Family Coverage
• 19
PAID BY EMPP-1LOYEE MONTHLY
$ 0
$ 81.25
$ 30.76
$222.22
ARTICLE 17 40.
SICK LEAVE
17.1 Sick leave time will be earned at the rate of twelve .0 2) hours for each month
of service based on a forty-eight (48) hour work week effective October 1, 1994.
(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 % F BUY BACK
288 - 564 25%
565 - 930 50%
over930 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 for no more than 480 hours, anytime during his/her employment with
the City, or at retirement at the rate of 25%.
20 0
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.
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 workweek shall accumulate sick leave
at the rate of eight (8) hours per month.
0 21
R- ��- / (9� /
ARTICLE 18
ON-THE-JOB JURY
18.1 Any employee who is disabled during required training or on a call in the
course of his/her tour of duty with the City of Tamarac's Fire 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, social security disability, or any 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.
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 An employee who is injured while on duty, but not during required training or
on a call will be entitled only to such Worker's Compensation benefits as are
provided by Florida State Statutes.
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
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 Department. If it is not
available within the Fire 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 by a paramedic on the scene, if possible. If not
possible, blood shall be drawn at the nearest medical facility and tested for the
presence and level of toxicity of carbon monoxide, and any other toxic gases.
•
0 ARTICLE 19
PRESUMED COMMUNICABLE DISE S S
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.
23
ARTICLE 20 .
WELLNESS PROGRAM
20.1 The Wellness Program will commence at 1600 hours. On Saturday and
Sunday, times may vary as directed by Station Lieutenant.
20.2 The Wellness Program shall be directed and maintained by a Wellness
Committee composed of two (2) representatives of the Bargaining Unit, two (2)
representatives of Administration and these four (4) shall choose a fifth member.
20.3 The Wellness 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.
C. appointing a Program Director to create and
oversee daily exercise routines.
20.4 The Department will budget no less than $7,500.00 for fiscal year 1995 to be
spent by the Wellness Committee. •
20.5 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.
20.6 Participation in the Wellness Program shall be mandatory.
20.7 All shift employees, other than those medically unable to do so, shall
participate in the wellness program for at least one (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.
24 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 Department Head, or his/her
designee of the employee 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 Department Head, 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 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, and the Departmental Rules and Regulations shall be subject
to disciplinary action up to and including the termination of their employment.
0 25
P- (7,6-- / 9 /
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 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.
26
0 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 an eight (8) hour schedule through a
change of status.
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.
0 27
ARTICLE 3
LEAVES OF ABS NC
23.1 Leaves of absence without pay for a period not to.exceed forty-five (46) 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 State 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.
28 0
/�7 -Cis_- I /
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 has been certified. The Educational Incentive Pay shall be
based on the employee's 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:
1. EMT I - 5% (only for persons hired prior to October 1, 1994)
2. EMT II (Paramedic) - 2%
3. A.S. FIRE SCIENCE DEGREE - 3%
4. FIRE SCIENCE CERTIFICATE, OR STATE CERTIFIED FIRE
OFFICER 1 OR 33 CREDITS TOWARD A FIRE SCIENCE
A.S. DEGREE - 2%
24.3 Effective October 1, 1995, 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.
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.
&\N
30
ARTICLE 26
BEREAVE ENT LE VE
26.1 In the event of a death in the immediate family of an employee, 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, 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 City Manager and/or his/her designee
through the Fire Chief for extension of bereavement leave. The compensation for
this additional leave will be paid from any accrued leave time available (sick leave,
personal leave, vacation leave).
. 31
)?-9a-i9i
ARTICLE 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 (employees may affix
approved Union logo),
Black safety work shoes, or Boots,
Badge,
Navy blue baseball style cap (employees may
affix approved Union logo)
Navy blue jumpsuit with fire department
patch,
Navy blue winter jacket
b. Turn -out gear: •
Navy blue sweat shirt with logo
Helmet NFPA approved
Coat
Pants (jump)
Short boots
Suspenders
Gloves
Nomex hood
27.2 The City shall supply as needed to each Inspector, at no cost to the
member Turn -out gear as described in Part b, and:
Shirts
Pants
Ties
Belt
Badge
32 9
27.3 Any member who loses or fails to take proper care in safeguarding
ihis/her equipment shall replace the equipment at his/her own expense. Damaged
personal equipment required for job performance may be considered for
replacement up to an amount of $100.00 after presenting report of breakage or
damage to the Department. Personal equipment is defined as glasses, watches,
knives, rescue or fire tools, and wedding bands. All lost or misplaced equipment,
clothing or uniforms will be replaced by the employee.
27.4 An employee may elect to wear upgraded, OSHA -approved black safety
shoes or boots, in which case he/she shall receive a credit from the City equal to
the cost of the shoes supplied by the City. In order to be reimbursed, the employee
must receive prior approval from the Fire Chief or his/her Designee. Such
reimbursement shall not exceed $100.00 per year.
0
i 33
k- q-- / � /
ARTICLE •
TERMINATION OF 13ENEFITS
28.1 Vacation time, holiday time and overtime that has been performed and
is in an accumulated status, will be compensated by check upon termination
provided at least two weeks written notice of termination has been provided to the
City, on the next payday at the option of the employee. If two weeks written notice
has not been provided to the City, the final payment shall be processed with the next
scheduled payroll. If an employee's last working day is on a Saturday or Sunday,
the employee shall receive his/her check on Monday.
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,
without limitation, Fire Department equipment, health insurance cards, and City
identification cards.
0
0
34
0 ARTICLE 29
PROBATIONARY PERIOD/EMPLOYEE (NE HIRE
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.
0 35
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.
0
C�
• 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 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 opportunitybe hired to returnsta
Firefighter until all employees on layoff status have had an
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 retailed shall be notified by certified mail (return
ireceipt) and shall have fifteen (15) working days from the date of mailing of notice
to respond affirmatively. If the City fails ol' t and the City shall have an affirmative response,
o further
employee shall be removed from the recall
obligation to the employee.
0 37
ARTICLE 32
PROMOTIONAL E AMINATIONS
32.1 Promotional examinations
Director, but shall be given at least
promotional list is depleted.
may be scheduled by the Personnel
once every three (3) years or when a
32.2 Promotional examinations may be composed of an assessment center
or practical demonstration of skills, a written test and/or an oral review board. The
oral review board, if used, will be made up of Fire Department professionals from
other area departments. The evaluators shall be at least one (1) rank higher than
that being tested for.
32.3 All promotions shall be made by using the competitive test process
outlined in this Article.
32.4 All parts of the testing process
Thewill
final score shall bepoints-
based on the
portion shall require a passing score of 70%
total score of all parts divided by the number of parts.
32.5 The written test, if utilized, shall be from not more than three (3)
recognized Fire Department texts, exclusive of the Tamarac Fire Department
Operations Manual or Rules and Regulations.
32.6 A promotional list shall be compiled from the list of employees that
successfully complete each portion 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. There shall always be at least three (3) from which to promote
providing at least three (3) passed all portions of the examination.
32.9 If fewer than three (3) pass all portions of the examination, promotions
may be made from those passing the examination.
0
38 0
�
1
32.10 ELIGIBILITY FOR POSITIONS WITHIN THE BARGAINING UNIT:
A. Driver/Engineer Apprentice Firefighter 3 or
above.
B. Fire Lieutenant: A Driver/Engineer or a
Journeyman/Firefighter who has
passed a Driver/Engineer
examination. Must successfully
complete the State of Florida
certified examination for Fire
Officer 1 within two (2) years of
promotion to Fire Lieutenant or
be returned to the position from
which promoted.
32.11 Veteran's preference points shall be awarded in accordance with Florida
State Statutes.
39
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 hislher 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 In the event the City fails to make a positive recommendation, the
employee shall automatically revert to the lower position from which helshe came.
33.3 Any unit member promoted to a higher classification shall receive the
same hourly rate as the others serving in that classification.
•
0
40
0 ARTICLE 34
UNION BUSINESS
34.1 District Vice -President and/or designee
at conventions, ons� conferences
d time off to
perform their Union functions, including attendance of the names and rank of
and seminars. The Union shall inform the City, in writing, days after their
its officers and of its negotiating team within five (5) y
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) A written request shall not be required for
meetings mutually agreed upon between the
City and the Union.
(d) 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.
0 41
A DgLE 35 0
EMPLQYEE 1G
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.
42 •
0 ARTICLE 36
11
RULES AND RE ULATIONS
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).
43
ARTICLE 37
FIREFIGHTERS 81LL 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 State Statutes and a copy of
those provisions shall be included in the Tamarac Fire Department Rules and
Regulations binder.
0
44
. A TICLE 38
DRI LS/TRAINING
38.1 The Fire Chief or his designee shall have the sole responsibility for the
training of members within the Fire Department. The Training Officer, designated
by the Fire Chief, shall post training and drill schedules.
38.2 Weekday drills 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 drill per twenty-four (24) hour tour.
38.5 Physical drills at the Fire Academy eight (8) hours maximum including travel
time.
38.6 No physical drills involving full bunker gear when temperature exceeds 85
degrees Fahrenheit.
38.7 Drills will not be punitive in nature.
10 38.8 Drills will be from 0800 hours to 1600 hours on Saturday unless otherwise
specified by a night drill.
38.9 The City reserves the right to establish minimum training standards. These
standards shall be established by the Fire Chief.
38.10 Shift Lieutenants shall be assigned the responsibility of ensuring that training
standards are accomplished.
0 45
ARTICLE 39 0
MAINTENANCE DA
39.1 The Fire Department 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 and vehicle readiness). The
hours from 1600 to 0800 the next day shall be considered standby time.
11
46
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 classification.
40.2 Whenever there is a proposed change in the job description of a class 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 consistent with Article 6 - ARBITRATION.
40.3 Personnel covered by this contract shall not be required to perform lawn
maintenance.
47
ARTICLE 41
CIVIL SUITS
41.1 The City agrees to defend and hold{� dess, any fense of nyber covered by this
member employee
Agreement, and automatically undertakes
against civil damage suits arising from performance of duties while within the
employee's scope of employment and will file proper and appropriate countersuits.
I*
C1
48
9 ARTICLE 42
BULLS IN 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 person responsible for
placing such item or notice on the bulletin board.
0 49
/il- Fs- / 9 /
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.
311
ARTICLE_�4
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.
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.
0
52
c
ARTICLE 46
SERVICES To THE UNION
46.1 Upon request, the City shall provide two (2) bound copies of this Agreement
to each Fire Station.
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) year-end financial statement.
11
9 53
ARTICLE 47 9
SUSPENSION OF LABOR AGREEMENT CIVIL ERG NCY
47.1 If, at the sole discretion of the City; it is determined that a civil
emergency condition exists including but not limited to strikes, work stoppages,
riots, civil disorders declared by the Governor, hurricane conditions, or similar
occurrences, the provisions of this Agreement may be suspended
by the that a'ty
e
Manager or designee during the time of the declared emergency, p 9
rates, insurance and pension benefits shall not be suspended.
54 9
CS il%
/ - J.
ARTICLE 48
s
SEVERAE31LITY 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).
0
0 55
ARTICLE 49
E LY DAYS
49.1 This article applies to those employees assigned to a twenty four (24) hour
shift. A twenty-one (21) day, three (3) Platoon rotating cycle of 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.
9
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.
56
0
L
L]
0
ARTICLE 50
TERM OF AGREEMENT
50.1 This Agreement shall be effective this 1st day of October, 1994 and shall
remain in full force and effect until and including September 30, 1997.
DATED this �--�-- day of 1995,
ATTEST:
ATTEST:
CITY CLERK
CRko L- A. Ev A Ns, C MC -
CITY OF TAMARAC
- g.,..i
,,l o (Z'�t�l MAYOR -
This j-3 day of _ S P r = _, 1995.
a
CITY MANAGER
This day of SPAl 1995.
BY:
CHIEF NE OTIATOR
fti
This `1 day ofY47t�17-�.1995-
-7
57
A'- ? �-- /? /
ARTICLE 50
TERM OF AGREEMENT
APPROVED AS TO L AL SUFFICIENCY
6i�dl� --
MITCHELL S. KRAFT
CITY ATTORNEY
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS
LOCAL 3080
PETER PRIOR, DVP
LOCAL 3080
Fj
0
58 0