HomeMy WebLinkAboutCity of Tamarac Resolution R-94-0081
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Temp. Reso. #6624
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-94--
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TAMARAC, FLORIDA; AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE AN AGREEMENT WITH THE
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (IAFF),
LOCAL 3080, PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac and the International Association of Firefighters
(IAFF), Local 3080, have collectively bargained in good faith and have reduced said
bargaining to an agreement, and the City Council of the City of Tamarac, is desirous of
approving said agreement and providing for the proper execution of said agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
TAMARAC, FLORIDA:
S . BON 1: That the certain Agreement by and between the City of Tamarac and
the International Association of Firefighters (IAFF), Local 3080, for the period from
October 1, 1993 through September 30, 1994, is HEREBY APPROVED, a copy of said
agreement is attached hereto and made a part hereof.
SECTION 2: That the appropriate City Officials are hereby authorized to
execute said Agreement on behalf of the City of Tamarac.
SECTION 3: That all appropriate budget transfers required to fund the
provisions of this Resolution are hereby approved.
SECTION 4: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 5: If any clause, section, other part or application of this Resolution
is held by any court 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 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this 1A day of 1994.
L_---- _-
H.L.- N D E R -- -- ____
ATTEST: MAYOR --
CAROL A.EVANS
CITY CLERK
L�4 WA [OF4.4- I Favo
JAITCHELL S.
CITY ATTORN
I have MAYOR
ON as
DIST 1:
DIST.2•
------- DIST. 3:
DIST. 4:
RECORD OF COUNCIL VOTE
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CONTRACT
BETWEEN
THE CITY OF TAMARAC
AND
THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (IAFF)
OCTOBER 1, 1993 THROUGH SEPTEMBER 30, 1994
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1
1
AGREEMENT
2
2
RECOGNITION
3
3
REOPENER CLAUSE
4
4-6
GRIEVANCE PROCEDURE
5
7-8
ARBITRATION
6
9-10
CHECK -OFF
7
11-13
WAGES
8
1
LONGEVITY PAY
9
15-16
OVERTIME PAY
10
17
CALL-BACK PAY
11
18
BASIC WORK WEEK
12
19
WORKING OUT OF TITLE
13
20
VACATION
14
21
HOLIDAYS
15
22
MEDICAL COVERAGE
16
23-24
SICK LEAVE
17
25
ON-THE-JOB INJURIES
18
26
PRESUMED COMMUNICABLEDISEASES
19
27
WELLNESS PROGRAM
20
28
TIME POOL BANK
21
29
LEAVES OF ABSENCE
22
30
EDUCATIONAL INCENTIVE
23
31
EDUCATION
24
32
BEREAVEMENT LEAVE
25
33-34
UNIFORMS
26
35
TERMINATION OF BENEFITS
27
36
PROBATIONARY PERIOD/
EMPLOYEE (NEW HIRE)
28
37
SENIORITY
29
38
PERSONNEL REDUCTION
30
39-40
PROMOTIONAL EXAMINATIONS
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31
41
PROMOTIONAL PROBATION
32
42-43
SUBSTANCE ABUSE PROGRAM
33
44
UNION BUSINESS
34
45
EMPLOYEE RIGHTS
35
46
RULES AND REGULATIONS
36
47
FIREFIGHTERS BILL OF RIGHTS
37
48
DRILLS/TRAINING
38
49
FIRE WATCH SERVICE
39
50
MAINTENANCE DAY
40
51
JOB DUTIES
41
52
CIVIL SUITS
42
53
BULLETIN BOARDS
43
54
TRANSFER AGREEMENT
44
55
WORK STOPPAGE
45
56
DIVE RESCUE
46
57
NON-DISCRIMINATION
47
58
SERVICES TO THE UNION
48
59
SEVERABILITY CLAUSE
49
60
KELLY DAYS
50
61
TERM OF AGREEMENT
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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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2.1 The City hereby recognizes the Union as the
exclusive bargaining representative for all employees in
the following appropriate unit:
All full-time Firefighters, Driver -
Engineers, Fire Lieutenants, Fire
Inspectors
Fire Chief, Fire Marshall s_,Asaistant
Chief, Fire Commanders
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ARTICLE .3
RE ER
3.1 The term of this Agreement shall be one (1) year
beginning October 1, 1993 and ending September 30, 1994.
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.
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ARTICLE 4
4.1 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, demotion or terms and conditions of
employment as per Florida State Statutes.
4.2 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 amount to an abandonment of its position and
resolution of the grievance in favor of the other party.
Any decision not appealed or any grievance settled, other
than one settled through binding arbitration shall not
constitute a procedure for the interpretation of this
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:
Step 1 All grievances by members of the union will
be processed through a grievance board
comprised of a President, Vice President,
Secretary and Treasurer to alleviate
unnecessary grievances. One signature
of a member of the grievance board will be
required prior to submitting the grievance.
A union official may accompany an employee
through each step of the grievance procedure.
The employee shall first take up his/her
grievance with his/her immediate super-
visor 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.
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ARTICLE 4
GRIEVANCE PROCEDURE
PAGE 2 OF 3
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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 dead-
line 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
is as mutually agreed upon), render his/her
decision in writing with a copy to the
Union.
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 Chief's decision to the City Manager or
his/her designee within five (5)
administrative working days of the date of
the issuance of the Fire Chief's 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 Chief's decision be reversed.
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ARTICLE 4
GRIEVANCE PROCEDURE
PAGE 3 OF 3
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.
4.3 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.
4.4 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 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.
4.5 The union will not be required to process
grievances for non -union employees but will be invited to
attend any meeting where the resolution of the grievance
may occur.
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5.1 In the event a grievance processed through the
Grievance Procedure set forth in Article 4 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.
5.2 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.
5.3 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.
5.4 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 applicable laws in existence at the time of
signing of this contract except to the extent as
specifically provided herein.
5.5 The decision of the arbitrator
binding.
shall be final and
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ARTICLE 5
ARBITRATION
PAGE 2 OF 2
5.6 Each party shall bear the expense of its own
witnesses and of its representatives. The impartial
arbitrators 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.
5.7 For the purposes of this Article, administrative
working days shall mean Monday through Friday.
N.
6.1 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.
6.4-2 The City shall have neither responsibility nor
liability f-ar 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.
6.3 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.
6.4 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.
6.5 Any member of the Union may, on thirty (30) days'
notice t4 the City -.-and tlZee Union, request that the City
C-&&ee deducting from his/her------vAges. A Union official
(President, vice President, SecretarY-'or Treasurer) shall
verify by a form to be provided in this Contract that the
member has notified the Union of the request to cease
deducting dues.
6.6 A request for dues deduction must be submitted to
the City on the following form:
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ARTICLE 6
CHECK -OFF
PAGE 2 OF 2
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:
INSTRUCTIONST P PAXAQLL DEDUCTIONOF IAFF_D E
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
Payroll/Social Security Number
I,
IAFF Local 3080 verify
notified the Union of
Signature
Date
) of the
that ha s
his/her wages.
Date
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7.1
GRADE
PROBATION FIREFIGHTER
2!&.PE Is
Fiscal Year 90/91
$8.6414 hr.
APPRENTICE FIREFIGHTER 5 $9.2081 hr.
APPRENTICE FIREFIGHTER 4
APPRENTICE FIREFIGHTER 3
APPRENTICE FIREFIGHTER 2
JOURNEYMAN FIREFIGHTER 1
QUALIFICATIONS
State Certified
Firefighter/CPR card
Successfully
complete probation
$9.7751 hr. Two (2) years
on job EMT/valid
CPR card
$10.9092 hr. 1 yr. as FF-4, CPR
card, EMT,
Apparatus &
Procedure
$12.0433 hr. 1 yr. as FF-3,
EMT,valid CPR
card, Haz Mat 1
$13.1776 hr. 1 yr. as FF-2,
EMT,valid CPR
card, Haz Mat II,
Tactics I
DRIVER/ENGINEER $14.3442 hr.
LIEUTENANT $15.554 hr.
These hourly rates effective October 1, 1990
reflect a 3% increase over FY 89/90. The Fire Inspectors
shall also receive a 3% increase in salary.
7.2 Courses listed shall be college credit with a
passing grade. In the event that a listed course is not
offered by a local college, the Union and the Fire Chief
will meet and decide on acceptable substitutions.
7.3 Requirements are cumulative and in order to reach
Journeyman Firefighter level, a firefighter must complete
all listed classes or agreed upon substitutions.
7.4 Whenever a Firefighter has met all the
educational requirements and time in grade, he/she shall
request the Fire Chief notify the City and upgrade his/her
pay status.
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ARTICLE 7
WAGES
PAGE 2 OF 2
7.5
GRADE
PROBATION FIREFIGHTER
Fiscal Year 91/92
APPRENTICE FIREFIGHTER 5
APPRENTICE FIREFIGHTER 4
$9.0737 hr.
$9.6685 hr.
QUALIFICATIONS
State Cart.
Firefighter/CPR
Card
Successfully
complete probation
$10.2639 hr. Two (2) yrs. on
job,EMT, valid CPR
card
APPRENTICE FIREFIGHTER 3 $11.4547 hr. 1 yr. as FF-4, CPR
card, EMT,
Apparatus &
Procedure
APPRENTICE FIREFIGHTER 2 $12.6455 hr. 1 yr. as FF-3,
EMT, valid CPR
card, Haz Mat I
JOURNEY FIREFIGHTER 1 $13.8364 hr. 1 yr. as FF-2, EMT,
valid CPR card, Haz
Mat II, Tactics I
DRIVER/ENGINEER $15.0613 hr.
LIEUTENANT $16.3313 hr.
These hourly rates effective October 1, 1991 reflect a 5%
increase over FY 90/91. The Fire Inspectors shall also receive a 5%
increase in salary.
7.6 FISCAL YEAR 92/93
GRADE QUALIFICATLONS
PROBATION FIREFIGHTER $9.5274 hr. State Cart.
Firefighter/CPR
Card
APPRENTICE FIREFIGHTER 5 $10.1519 hr. Successfully
complete probation
IN
APPRENTICE FIREFIGHTER 4 $10.7771 hr. Two (2) yrs. on
job,EMT, valid CPR
card
APPRENTICE FIREFIGHTER 3 $12.0274 hr. 1 yr. as FF-4, CPR
card, EMT,
Apparatus &
Procedure
APPRENTICE FIREFIGHTER 2
JOURNEY FIREFIGHTER 1
DRIVER/ENGINEER
LIEUTENANT
$13.2778 hr. 1 yr. as FF-3,
EMT, valid CPR
card, Haz Mat I
$14.5283 hr. 1 yr. as FF-2,
EMT, valid CPR
card, Haz Mat II,
Tactics I
$15.8145 hr.
$17.1483 hr.
These hourly rates effective October ' 1; 1992 reflect a 5 %
increase over FY 91/92. The Fire Inspectors shall also receive a
5 % increase in salary
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ARTICLE _$
Pro AM' eDIiA 6-W
8.1 A full-time employee who has completed seven (7)
years of service on or before November 30 shall receive a
lump sum longevity payment annually on the first pay
period in December in accordance with the longevity scale
listed below. Longevity is based on the number of years
with the Fire Department.
8.2 Longevity pay shall be based on the rate of pay
effective November 30 of each contract year.
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ARTICLE
OVERTIMEPAY
The City and the Union agree to the following:
9.1 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.
9.2 Overtime is caused when one or more of these
three conditions are not met:
a) One Lieutenant must be on duty;
b) and one Driver/Engineer on duty working in that
capacity.
9.3 If an employee is contacted for overtime and
refuses the overtime assignment, then that employee shall
go to the bottom of the overtime list, unless that
employee is on an approved leave. 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.
9.4 New employees and newly promoted employees shall
be placed on the bottom of Overtime List.
9.5 The position of the person who causes the
overtime is the rank of the person called in for overtime.
All acting out -of -title positions are to be
scheduled one (1) month in advance by a Lieutenant with
approval of the Fire Chief, and, if necessary, revised by
a Lieutenant with notification to the Fire Chief.
A. If a Driver who is scheduled to act out -of -title
or is acting out -of -title as a Lieutenant calls in sick or
leaves work, etc., causing overtime, then a Lieutenant
shall be called in for overtime.
B. If a Firefighter who is scheduled to act out -of -
title or is acting out -of -title as a Driver/Engineer calls
in sick or leaves work, etc., causing overtime, then a
Driver/Engineer shall be called in for overtime.
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ARTICLE 9
OVERTIME PAY
PAGE 2 OF 2
(C) An employee working within their own job
classification causing overtime, then that same job
classification shall be called in for overtime.
9.6 Individuals on driver promotional lists may be
offered overtime for Driver, if all paid Drivers refuse
overtime. Individuals on Lieutenant's promotional list
may be offered overtime as Lieutenant, if all paid
Lieutenants refuse overtime.
9.7 Only the Fire Chief or his designee may call
overtime for the Fire Inspectors.
• 9.8 Overtime shall be set forth as indicated under
Tamarac's Operational Manual 1, Chapter 4, Subject XXI -
FUNCTIONAL MANPOWER POLICY and will remain in full force
and effect with no changes throught the term of the
contract which expires September 30, 1994.
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ARTICLE
10.1 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.
10.2 The officer in charge shall be the authorized
agent to initiate/terminate 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.
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ARTICLE 11
11.1 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 and 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.
11.2 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 with forty-eight (48) hours
off. Further, it is the intention of the parties that
these twenty-four (24) hour shifts will began at 8:00 a.m.
As to the individual members of the Unit, the Fire Chief
or his/hear designee may, from time to time, make
exceptions from this normal shift schedule.
11.3 The normal work week for Fire Inspectors for the
term of this Contract shall be forty (40) hours.
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ARTICLE . 12
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12.1 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.
12.2 The ladder driver will also be considered working
out of title when no permanent driver is working for this
position.
12.3 Members who are on current lists for positions of
driver and lieutenant shall be utilized first.
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13.1 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.
13.2 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.
13.3 Vacation leave may be accumulated but not in
excess of 400 hours.
13.4 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.
13.5 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.
13.6 A minimum of two (2) tours shall be taken each
Contract year.
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14.1 All employees covered by this Contract, in pay
status when a holiday occurs, shall receive, in addition
to his/her regular pay, fourteen (14) hours pay at his/her
straight time hourly for each of the following holidays:
NEW YEAR'S DAY
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 Agreement
shall receive each holiday as a paid day off.
14.2 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.
14.3 All accrued holiday pay as of December lot of
each year will be paid in one (1) lump sum on the first
pay period in December to all shift personnel.
14.4 If the City of Tamarac elects to give an
additional holiday to any other bargaining groups or non-
union employees, the I.A.F.F. will also receive said
holiday as provided in Section 14.1.
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15.1 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 coats 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
thereof.
15.2 The cost of medical benefits paid by employees
during the fiscal year 1993/1994 may be increased but
shall not exceed the following monthly amounts for that
fiscal year.
HUMANA M PAID BY EMPLOYEE MONTHLY
Single Coverage $0
Family Coverage $ 91.11
Single Coverage $ 30.00
Family Coverage $248.00
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,ARTICLE 16
16.1 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 effective October 1, 1990
(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.
16.2 An employee who is absent from work due to an
illness or disability may be required to submit a
physicians statement of physical illness. When deemed
necessary, the Department Head may require proof of any
illness.
16.3 An employee covered by this Contract may receive
compensation for accrued sack leave in excess of 288 hours
anytime during his/her employment with the City at the
following rate:
ACCUMULATED HOURS % OF BUY BACK
288 hours - 564 hours 25%
565 hours - 930 hours 50%
Over 930 hours 100%
16.4 At time of separation in good standing, an employee
who has accumulated more than 288 or more hours of sick
leave shall be paid at the following rate:
288 hours - 564 hours
565 hours - 930 hours
Over 930 hours
2 5%
50%
100%
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16.5 Any employee of the bargaining unit who uses no
sick time between October 1 and March 31 of the 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.
16.6 Fire Inspectors shall accumulate sick leave at
eight (8) hours per month.
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ARTICLE __17
•p,FEMIVOIIOJOP
17.1 Any employee who is disabled during 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 beenworked
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
shah, 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.
17.2 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.
17.3 An employee covered by this Agreement may accept
outside employment of any kind or nature whatsoever, and
may engage in any form of self-employment while on
disability leave upon written notification to the Fire
Chief.
17.4 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 Fire Department,
he/she may be required to do so as a condition to
receiving the benefits specified in Paragraphs 17.1 and
17.2. Light duty work shall consist of 8 hour day shifts.
17.5 If a member of this department is injured or
collapses during a fire that member shall have blood drawn
by a County paramedic on the scene, if possible. if not
possible, blood shall be drawn at the nearest medical
facility and tested for the presence and level of toxicity
of carbon monoxide, and any other toxic gases.
17.6 The City shall recognize Florida Statutes
S112.18, 175.231 and the Florida Worker's compensation
Statute, as the same may be amended from time to time,
pertaining to Firefighter disability.
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A1&TICLE 18
DISEASES
1.8.1 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 17.
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ARTICL9 19-
L PROGRAM
19.1 The Wellness Program will commence at 1600 hours.
On Saturday and Sunday, times may vary as directed by
Station Lieutenant.
19.2 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.
19.3 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. purchasing of necessary equipment or gear.
C. appointing a Program Director Co create and
oversee daily exercise routines.
19.4 The Department will budget no less than $7,500.00
per year beginning Fiscal Year (1990/91) to be spent by
the wellness Committee.
19.5 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.
19.6 Participation in the Wellness Program shall be
mandatory.
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ARTICLE 2-Q
TIME BANK
20.1 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.
20.2 Said employee will use one (1) month's time of
his/her sick leave or vacation, 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.
. 20.3 After the two (2) months' time pool leave, the
employee must use up all his/her accrued time before being
eligible for Administrative Leave. Administrative Leave
will 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.
•
20.4 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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ARTICLE2
LEAVES- F ABSENCE
21.1 Leaves of absence without pay for a period not to
exceed forty-five (45) days may be granted to an employee
with permanent 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.
21.2 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.
21.3 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.
21.4 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 Section 115.07 Florida Statutes.
21.5 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 employees 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.
21.6 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.
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ARTICLE 22
EDUCATIONAL INCENTIVE
22.1 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.
22.2 Educational Incentive will be given in one (1)
lump -sum payment for the following educational
achievements:
Fiscal Year 90-91
1. EMT I - 4%
2. EMT II (Paramedic) - 2%
3. DIVE RESCUE - 0%
4. A.S. Fire Science Degree - 3%
S. Fire Science Certificate, or 33 credits
toward a Fire Science A.S. Degree - 2%
Fiscal Year 91-92
1. EMT I - 5%
2. EMT II (Paramedic) - 2%
3. DIVE RESCUE - 0%
4. A.S. Fire Science Degree - 3%
5. Fire Science Certificate, or 33 credits
toward a Fire Science A.S. Degree - 2%
Fiscal Year 92-93
1. EMT I - 5%
2. EMT II (Paramedic) - 2%
3. DIVE RESCUE - 1 %
4. A.S. Fire Science Degree - 3%
5. Fire Science Certificate, or 33 credits
toward a Fire Science A.S. Degree - 2%
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23.1 The City shall budget $7,500 per fiscal year to
pay for approved job related courses for employees.
Approval of courses shall come from the Fire Chief.
23.2 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.
23.3 Any course which results in a state certification
shall not be reimbursable until state certification is
awarded.
23.4 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.
23.5 If an employee voluntarily terminates prior to
one (1) year of 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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AP,TICLE 24
BEREAVEMENT LEAVE
24.1 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).
24.2 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.
24.3 The City reserves the right to require
documentation supporting approval of bereavement leave
after the employee returns to work.
24.4 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).
32
25.1 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 leather belt,
Navy blue T-shirts (employees
approved Union logo),
Black safety work shoes, or
Badge,
Navy blue baseball style cap
affix approved Union logo),
Navy blue jumpsuit with fire
patch,
Navy blue winter jacket
may affix
Boots,
(employees may
department
b. Turn -out gear:
Navy blue sweat shirt with logo
Helmet OSHA --approved, 5A
Coat
Pants (jump)
Short boots
Suspenders
Gloves
Nomex hood
25.2 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
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25.3 Any member who loses or fails to take proper care
in safeguarding his/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.
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*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.
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TERMINATI-ONF BENEFITS
26.1 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 or on the next payday at the option of the
employee. If two weeks written notice has not been
provided to the City, the final payment shall be processed
with the next scheduled payroll. If an employee's last
working day is on a Saturday or Sunday, the employee shall
receive his/her check on Monday. .
26.2 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.
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27.1 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.
27.2 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.
however, to Federal, State, Statutes and case law.
27.3 There shall be no extension of the Probationary
Period.
27.4 Upon the conclusion of the Probationary Period if
the Fire Chief and City Manager recommend continuance of
employment, the employee shall be given permanent regular
status.
27.5 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 2
F-WREPEOGWA
28.1 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.
28.2 Seniority as defined above shall be used in the
pick of vacations and for the overtime list.
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ARTICLE 2
•P R FWANSTi M •R
29.1 In the event of personnel reduction, employees
shall be laid off in the inverse order of their seniority
in their classification, provided, however, that where two
(2) or more employees have seniority standing within sixty
(60) days of each other, the City shall determine the
order of layoff based on education and the last written
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.
29.2 Employees shall be recalled from layoff in
accordance with their seniority in the classification from
which they were laid off. No new employee shall be hired
in that classification 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.
29.3 An employee being recalled shall be notified by
certified mail (return receipt) and shall have twenty-one
(21) calendar days from the date of mailing of notice to
respond affirmatively. If the City fails to receive an
affirmative response, the employee shall be removed from
the recall list and the City shall have no further
obligation to the employee.
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AR -
RROMOTIQNAL EXAMINATIONS
30.1 Promotional examinations will be scheduled by the
Personnel Director once every two (2) years, or when a
promotional list is depleted.
30.2 Drivers list shall expire odd years and the
Lieutenants in even years, at the end of the fiscal year.
30.3 There shall not be less than 90 days between
announcement of testing and the test itself. A
bibliography listing all sources of information used for
the written test shall be posted at the time of
announcement.
30.4 The written portion of the exam shall be 70% of
the final score and the oral 30% of the final score. A
grade of 70% is necessary in order to pass the written
test and to take the oral portion of the exam, a final
grade of 70% is necessary to be placed on the promotional
list.
30.5 All promotions shall be made from the promotional
list in relation to the scores. The Fire chief shall have
the right to choose from the top three (3) candidates for
any promotion.
30.6 Provisional appointments may be made to vacancies
when no promotional list is available. A provisional
appointee must pass the next promotional exam for his/her
new classification in order to become permanent.
30.7 ELIGIBILITY FOR POSITIONS WITHIN THE BARGAINING
UNIT:
A. Driver/Engineer:
or above.
B. Fire Lieutenant:
Apprentice Firefighter 3
A Driver/Engineer or a
Journeyman Firefighter 1 on
the Driver/Engineer list.
Must complete with a
minimum grade average of
"Be, Administration I and II
and Tactics II at an
accredited institution,
within two (2) years of
promotion to Fire
Lieutenant or be returned
to the position from which
promoted.
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ARTICLE 30
PROMOTIONAL EXAMINATIONS
PAGE 2 OF 2
Any employee who has completed the nine (9) credit hours
at the time of testing will receive five (5) points added
to his final score.
30.8 Veteran's preference points shall be added to the
passing grade of eligible employees in accordance with
Florida Statutes. Veteran's preference points may only be
used for one (1) promotional examination.
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ARTICLE,-3-1
- TO) ,S• V1 ONEAR4101•,I
31.1 An employee receiving a promotion from a lower to
a higher position shall be placed on a six (6) month
probation period at the time of promotion. The Fire Chief
shall prepare an Employee Performance Appraisal and
Development Plan Form after two (2), four (4) and six (6)
months and make his/her recommendations to the City
Manager or his/her designee for permanent status in the
position. The expiration of the six (6) months shall
become the employee's annual review date.
31.2 In the event the City fails to make a positive •
recommendation, the employee shall automatically revert to
the lower position from which he/she came.
31.3 Any unit member promoted to a higher
classification shall receive the same hourly rate as the
others serving in that classification.
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ARTICLE 32.
SUBSTANCE ABUSE ARTICLE
32.1 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.
32.2 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.
32.3 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.
• 32.4 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.
32.5 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
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Regulations shall be subject to disciplinary action up to
and including the termination of their employment.
32.6 The City agrees to create an Employee Assistance
Program (EAP) and to fund it during the term of this
Agreement.
32.7 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.
32.8 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.
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33.1 District Vice -President and/or designee shall be
granted time off to perform their Union functions,
including attendance at conventions, conferences and
seminars. The Union shall inform the City, in writing, of
the names and rank of its officers and of its negotiating
team within five (5) days after their
appointment/election. Further, up to a maximum of two (2)
members of the negotiating team may be permitted time off.
Time off for Union business is subject to each of the
following conditions:
(a) A written request including reason, time and
location is submitted to Department
Management at least forty-eight (48) hours
prior to the time -off period.
(b) Sufficient manpower is available in the
regular shift to properly man the department
during the absence of the local Union
official.
(c) 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.
33.2 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.
33.3 Any Union member designated by the District Vice -
President may attend Union business after agreement in
writing by the Fire Chief.
33.4 Time spent on authorized Union business will not
be counted as hours worked for computation of overtime.
33.5 All leave requests for Union business must be
signed by the Union District Vice -President before
approval.
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A TICLE _ 3A .
EMPLOYEE RIQHTE
34.1 The employee within the bargaining unit shall
have all of the rights provided for in Section 447.301
F.S.A. 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 REQULATIONS
35.1 The Union agrees that its members shall comply
with all Fire Department Rules and Regulations, including
those relating to conduct and work performance.
35.2 At each station there shall be maintained two (2)
current copies of the Rules and Regulations.
35.3 These shall, be updated annually as a minimum or
as needed by the Fire Chief.
35.4 All Rules and Regulations affecting hours, wages,
or working conditions, if amended, shall be subject to
collective bargaining (F.S. 447).
Cal
ARTICLE_ 36
FIREFIGHTERS BILL 9F
36.1 Listed below are some of the pertinent provisions
under this law which became effective October 1, 1986
stipulating an employer may not formally interrogate a
firefighter unless it observes the following procedures:
1. Provides written detailed notice of the
investigation together with the names of all
complainants prior to questioning.
2. Confines interrogation to the place where the
investigating officer is assigned or where the M
incident occurred.
3. Requires the interrogation to be conducted at a
reasonable hour, preferably during work time.
4. Requires investigators and all persons present
during the interrogation fully identify
themselves.
S. Limits duration of interrogations.
6. Prohibits use of offensive language, or offers of
inducement.
7. Requires a complete record, including electronic
recording, be made and the firefighter provided
with a free copy of any transcription.
8. Provides for individual and/or union
representation during the interrogation.
9. Prohibits retaliation against firefighters who
utilize the foregoing provisions.
36.2 If anyone is interested in reading the full
Firefighters Bill of Rights, it is available in the Fire
Chief's office.
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ARTICLE __3-7
FRILLS/TRA_i_NINGz
37.1 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.
37.2 Each shift will be required to have two (2) night
time drills per year to end before 2300 hours.
37.3 Each shift will be required to have two (2)
weekend drills per year.
37.4 Weekday drills will be between 8 a.m. to 4 p.m.,
Monday through Friday.
37.5 No drills on holidays.
37.6 No more than one drill per twenty-four (24) hour
tour.
37.7 Physical drills at the Fire Academy four (4)
hours maximum including travel time.
37.8 No physical drills when temperature exceeds 85
degrees Fahrenheit.
37.9 Drills will be scheduled one (1) month in
advance.
37.10 Drills will not be punitive in nature.
37.11 Drills will be from 0800 hours to 1600 hours on
Saturday unless otherwise specified by a night drill.
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38.1. A Fire Watch overtime List based
will be established.
on seniority
38.2 In the event a fire watch is needed, off -duty
permament personnel are to be called in for overtime from
the Fire Watch overtime List. Personnel accepting or
declining overtime for emergency fire watch shall not lose
their place on the regular overtime list.
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39.1 The Fire Department work day for all routine
activities, i.e., - vehicle maintenance, station
maintenance, and all other activities - shall begin at
0800 and end at 1600. The hours from 1600 to 0800 the
next day shall be considered standby time.
50
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 5 -
ARBITRATIOU.
40.3 Personnel covered by this contract shall not be
required to perform lawn maintenance.
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ARTICLE_ 41.
i" WA 0 RMP.�
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 employees scope of employment and will
file proper and appropriate countersuits.
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ARTICLE_ 42
1VONWRMW-**1A•
43.1 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.
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ARTICLE_
TRANSFER A REEME T
44.1 The City agrees that in the event of a transfer
of the Fire Department or any of its related functions to
any other private or governmental entity, all rights and
benefits of the bargaining unit personnel guaranteed under
this Contract shall be continued for the term of the
Contract.
44.2 Any firefighter laid off as a result of
annexation of land into Tamarac will. be the first to be
hired by the City of Tamarac providing that:
• (1) he/she hold a current Florida fire certification.
(2) he/she pass the written & physical agility tests
for Tamarac Fire Department.
(3) he/she passes the City's medical examination.
44.3 Upon hire, he/she will be granted seniority with
Tamarac Fire Department equal to his/her seniority
standing before layoffs and his/her pay level will be
commensurate with his/her seniority.
K I
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A TI LF 4
WORK STCPPA
44.1 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.
44.2 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.
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ARTICLE_
DIVE _RESCUE
45.1 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 cases
are Fire Department divers used for salvage operations.
OR
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ARTICLE 4
NON-DISCRININATIO
46.1 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, religion or handicap.
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ARTICLE 47
OERVICES TO THE UNION
47.1 Upon request, the City shall provide two (2)
bound copies of this Agreement to each Fire Station.
47.2 Upon request, the City agrees to provide (1) copy
each to the Union, without charge: 1) proposed budget, 2)
final budget, 3) year-end Financial statement.
09.3
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ARTICLE 4�
VERABILI'T'Y QLAUSE
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 any invalidated provision(s).
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ARTICLE 49
KE LY DAYS
49.1 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 ven (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 on
or about October 1st 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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TEEM --OF AGREEME
50.1 This Agreement shall be effective this 1st
day of October, 1993 and shall remain in full force and
effect until and including September 30, 1994.
DATED this f _ day of 1994.
41/
CITY OF TAMARAC
1994.
ATTEST:
1994
r)fCff()JCITY MANAGER
ATTEST:
CITY CLERK
MAYOR
This day of
BY.
( for) CITY MANAGER This _Ltf)day of na'� a� *1141
BY:
Cg NgGaTIATOR
This /2day of
d
APPROVED AS TO LEGAL SUFFICIENCY
INTERNATIONAL ASSOC.
OF FIREFIGHTERS
LOCAL 3080
VT-14e� PETER PRIOR,
4P
LOCAL 3080
MI R