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HomeMy WebLinkAboutCity of Tamarac Resolution R-94-0081 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 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 SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict.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 9 CONTRACT BETWEEN THE CITY OF TAMARAC AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (IAFF) OCTOBER 1, 1993 THROUGH SEPTEMBER 30, 1994 3 • • 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 7 0I �J 1• 10 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 0 4 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. 1 Cl i 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 01 k� �,41, 9 E 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. 0 0 3 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. 4 ARTICLE 4 GRIEVANCE PROCEDURE PAGE 2 OF 3 0 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. 5 LJ 0 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. 1*1 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 9 7 .0 10 I % 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: is � 0 � 0 [l 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 lu e,- � �4, g 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. •1 11 • i 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. $17.1483 hr. These hourly rates effective October ' 1; 1992 reflect a 5 % increase over FY 91/92. The Fire Inspectors shall also receive a 5 % increase in salary L *I 13 ARTICLE _$ 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. 7 1 8 2 9 3 10 4 11 5 12 6 13 7 14 7.5 14 /�_ ��/_ S111", 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. 0 1* 1 15 G 0 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. 4A 16 ��, ?�/, S�� 1�1 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. L; 17 Cay_� C� 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. 111:3 J) y�/ "8' ARTICLE . 12 .•m ov' 41 • 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. • CJ 19 oe- C/)�� � li 10 • M 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. ME 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. r_ C� 21 0 0 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 22 ,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% E r� U 23 0 r-1 LJ 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. 24 i� ?t4, 9' 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. r� C� J C� �- ,P • 0 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. W01 LI 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. 27 El 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. r4.y /�— �� — e?", C� 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. M ,ze qy__ (? 0 LJ 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% M11] TI E 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. 31 i 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 E 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. 33 /� 9�L 8 • 1.1 0 *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. 34 ff- � 4,�. r Cl 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. CJ KR � 0 -NA 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. 36 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. 0 37 0 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. 40 /�, 7 4 1 oc", 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. MCI El E L J 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. 40 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. • M 0 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 42 / ?,- � �/.- ,- Y- 0 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. �J 991 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. 44 i1 94'S 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. 0 �J MI (-.. - q'�4- �3 10 I• 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. 47 �'.. j 21, 19 10 K I 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. AR LE 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. �J 0 r y21- S 11 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. 0 51 r. r-1 L.-.A 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. 52 )�' 71/1 Fl/ 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. 53 I C..9'f 8 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 54 oc>- if�- I-/- _ 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. E CJ L� r-I i 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 )�- 7 4' F-- i 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. 0 �J 57 0 11 [l 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 �-7 J 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). 59 I L� I * 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. 60 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