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HomeMy WebLinkAboutCity of Tamarac Resolution R-90-222I I. • Temp. Reso. #5887 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-90- oZ-:;� A RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH THE INTER- NATIONAL ASSOCIATION OF FIREFIGHTERS (IAFF), LOCAL 30801 AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Tamarac and the International Association of Firefighters (IAFF), Local 3080, have collectivel bargained in good faith and have reduced said bargaining to a agreement, ,and the City Council of the City of Tamarac, is desirou of approving said agreement and providing for the proper executio of said agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY TAMARAC, FLORIDA. I f SECTION 1: That the certain Agreement by and between the City of Tamarac and the International Association of Firefighter (IAFF), Local 3080, for the period from October 1, 1990 throug September 30. 1993, is HEREBY APPROVED,a Copy of said agreement i 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 o Tamarac. SECTION 3: That all appropriate budget transfers require to fund the provisions of this Reso are hereby approved. SECTION 4: This Resolution shall become effective immediately. L lASSER, ADAPTED AND APPROVED -this day of ,1990. I F. NORMAN ABRAMOWITZ MAYOR A EST: ROL A. EVANS rITY CLERK I HEREBY CERTI at I have approved thi RESO ION as to ALAN F . RUF" CITY ATTORNEY RECORD OF COUNCIL VOLE MAYOR r ABRAMOWITZ DISTRICT 1: C/M ROHR DISTRICT2: C/M SCHUMANN DISTRICTS: V/M HOFFMAN C24d, DISTRICT4: C/M BENDER 0 'p K - ?0 - .2 �- �.- CONTRACT BETWEEN THE CITY OF TAMARAC kl'�, 111 THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (IAFF) OCTOBER 1, 1990 THROUGH SEPTEMBER 30, 1993 ARTICLE NUMEEB PAGE NQMBER DESCRIPTION 2 3 AGREEMENT 2 4 RECOGNITION 3 5 REOPENER CLAUSE 4 6 GRIEVANCE PROCEDURE 5 8 ARBITRATION 6 9 CHECK -OFF 7 11 WAGES 8 13 LONGEVITY PAY 9 14 OVERTIME PAY 10 18 CALL-BACK PAY 11 16 BASIC WORK WEEK 12 17 WORKING OUT OF TITLE 23 18 VACATION 14 19 HOLIDAYS 15 20 MEDICAL COVERAGE 16 21 SICK LEAVE 17 22 ON-THE-JOB INJURIES 18 23 PRESUMED COMMUNICABLE DISEASES 19 24 WELLNESS PROGRAM 20 2S TIME POOL BANK 21 26 LEAVES OF ABSENCE 22 27 EDUCATIONAL INCENTIVE 23 28 EDUCATION 24 29 BEREAVEMENT LEAVE 25 30 UNIFORMS 26 31 TERMINATION OF BENEFITS 27 32 PROBATIONARY PERIOD/ EMPLOYEE (NEW HIRE) 28 33 SENIORITY 29 34 PERSONNEL REDUCTION 30 35 PROMOTIONAL EXAMINATIONS 31 36 PROMOTIONAL PROBATION 32 37 UNION BUSINESS 33 38 EMPLOYEE RIGHTS 34 39 RULES AND REGULATIONS 35 40 FIREFIGHTERS BILL OF RIGHTS 36 41 DRILL TIME 37 42 FIRE WATCH SERVICE 38 43 MAINTENANCE DAY 39 44 JOB DUTIES 40 45 CIVIL SUITS 41 46 BULLETIN BOARDS 42 47 TRANSFER AGREEMENT 43 48 WORK STOPPAGE 44 49 DIVE RESCUE 4S 50 NON-DISCRIMINATION 46 51 SERVICES TO THE UNION 47 S2 SEVERABILITY CLAUSE 48 S3 KELLY DAYS 49 S4 TERM OF AGREEMENT 2 2-50. aa,9,- fAll L* §Pf3�] k=lej,►� 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. M 2.1 The City hereby recognises the Union as the exclusive bargaining representative for all employees in the following appropriate unit: INCLUDED: All full-time Firefighters, Driver -Engineers, Fire Lieutenants, Fire inspectors Fire Chief, Fire Marshal/Assistant Chief, Fire Commanders W' r � X. 90-aa,7-- OPENER CLAUSE 3.1 The term of this Agreement shall be three (3) years beginning October 1, 1990 and ending September 30, 1993, 3.3 The following articles insurance coverage shall be reopened and negotiated every year. 3.3 No other articles shall be opened for negotiations during the term of this Contract except those mutually agreed -upon by the Union and the City. 3.4 If no agreement is reached, and ratified, by September 30, 1991 and 1992 on the opened articles, then current contract language Will remain in effect. 5 g - 9 0 �a$ILT-MgE P_ROLCEDDEB 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 abandon- ment 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: Stop i 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 in- formal and oral basis. Stop f Any grievance which cannot be satisfactorily settled with the immediate supervisor shall be reduced to writing by the employee and shall neat 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. Stop 9 In the event the employee is not satisfied with the disposition of the grievance in step 1, 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 Chiefs decision. Such appeal must be accompanied by the filing of a copy of the original written grievance together with a letter signed by the employee, or at the employee's option, the representative of the union, requesting that the Fire Chief's decision be reversed. 6 i ARTICLE 4 GRIEVANCE PROCEDURE PAGE 2 OF 2 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. 7 5.1 In the event a grievance processed through the Grievance Procedure not 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. 3.3 The City and the employee (or the Onion) 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 shall be final and binding. 5.5 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. 3.7 For the purposes of this Article, administrative working days shall mean Monday through Friday. 8 g-5,0-CPa'P, 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. 6.3 The City shall have neither responsibility nor liability for any monies onees 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 authorised 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 rages of any member. 6 . S Any member of the Union may, on thirty (3 0) days' notice to the City and the Union, request that the City cease deducting from his/her wages. A Union official (President, Vice President, Secretary or Treasurer) shall verify by a form to be provided in this contract that the member has notified the Union of the request to cease deducting dues. 6.6 A request for dues deduction must be submitted to the City on the following form: '<- 90 ` aa� ARTICLE f CHECK -OFF PAGE 2 OF 2 &MOBIZATION FOR DEDUCTION -OF IAFF DUES I hereby authorize the City of Tamarac to deduct from my wages, bi-weekly, the current normal IAFF dues and to transmit this amount to the Treasurer of the Local 3080, International Association of Firefighters. I understand that this Authorization is voluntary and that I may revoke at any time by giving the City notice in writing. Signature Payroll/Social Security Number Date A request to the City to cease dues deduction must be submitted to the City on the following form: I hereby instruct the City of Tamarac to stop deducting from my wages bi-weekly the current normal dues for Local 3080, International Association of Firefighters. I have notified Local 3080 of the revocation. Signature Date Payroll/Social Security Number I, , ) of the IAFF Local 3080 verify that has notified the Union of his/her wages. Signature Date 10 2- 90.C.20� aa- 7.1 Fiscal Year 90/91 PROBATION FIREFIGHTER $8.6414 hr. state Certified Firefighter/CPR card APPRENTICE FIREFIGHTER 5 $9.2081 hr. successfully complete probation APPRENTICE FIREFIGHTER 4 $9.7751 hr. Two (2) years onjob ENT/valid CPR card APPRENTICE FIREFIGHTER 3 $10.9092 hr. 1 yr. as FF-4, CPR card, EMT, Apparatus 6 Procedure APPRENTICE FIREFIGHTER 2 $12.0433 hr. 1 yr. as 7F-3, EMT, valid CPR card, Ras Mat 3 JOURNEYMAN FIREFIGHTER 1 $13.1776 hr. 1 yr. as 77-2, EMT, valid CPR card, Has Mat II, Tactics I DRIVER/ENGINEER LIEUTENANT $14.3442 hr. $15.554 hr. These hourly rates effective October 2, 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. 7.5 PROBATION FIREFIGHTER APPRENTICE FIREFIGHTER 5 APPRENTICE FIREFIGHTER 4 APPRENTICE FIREFIGHTER 3 APPRENTICE FIREFIGHTER 2 Fiscal Year 91/92 $9.0737 hr. state Cert. Firefighter/CPR Card $9.668S hr. Successfully complete probation $10.2639 hr. Two (2) yrs. on job, EMT, valid CPR card $11.4547 hr. i yr. as' FF-4, CPR card, EMT, Apparatus 6 Procedure $12.6455 hr. 1 yr. as FF-3, EMT, valid CPR card, Has Mat I 11 t V e- • ~ r Q-2 C-�C2' ARTICLE 7 WAGES PAGE 2 OF 2 JOURNEY FIREFIGHTER 1 DRIVER/ENGINEER LIEUTENANT $13.8364 hr. $15.0613 hr. $16.3313 hr. 1 yr. as 7F-2, EMT, valid CPR card, Has Mat II, Tactics I These hourly rates effective October 1, 1991 reflect a S% increase over FY 9o/91, The Fire Inspectors shall also receive a 5% increase in salary. 7.6 GRADE PROBATION FIREFIGHTER APPRENTICE FIREFIGHTER 5 APPRENTICE FIREFIGHTER 4 APPRENTICE FIREFIGHTER 3 APPRENTICE FIREFIGHTER 2 Fiscal Year 92/93 $9.5274 hr. $10.1519 hr. $10.7771 hr. $12.0274 hr. $13.2778 hr. JOURNEYMAN FIREFIGHTER 1 $14.5283 hr. DRIVER/ENGINEER $15.8145 hr. LIEUTENANT $17.1483 hr. OMIFICATIONS state cart. Firefighter, CPR card successfully complete probation Two (2) yrs. on job, EMT, valid CPR card 1 yr. as FF-4, CPR card, EMT, Apparatus 5 Procedure 1 yr. as FF-3, EMT, valid CPR card, Has Mat I 1 yr. as 77-2, EMT, valid CPR card, Has Mat II, Tactics I 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. 12 �0-aaQZ ONGEV AY $.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 th• 8.2 Longevity pay shall be based on the rate of pay effective November 30 of each contract year. LONGMTY a 9 10 11 12 13 14 13 1 2 3 4 5 6 7 7.5 R.,sD. aa.�, The City and the Union agree to the followings 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 *zooms of an average Firefighter's work reek. 9.2 Overtime is caused when one or more of these three conditions are not mots 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 rill not lose their positions on the list. 9.4 Nov employees and newly promoted employees shall be placed on the bottom of Overtime List. 9. S 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.' (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 design** may call overtime for the Fire Inspectors. 9.8 overtime shall be set forth as indicated under Tamarac's operational Manual i, Chapter 4, Subject Z%I - FUNCTIONAL MANPOWER POLICY and will remain in full force and effect with no changes throught the term of the contract which expires September 30, 1993. 14 10.1 All Fire Department employees covered by the terms of this Agreement who are called back to pork from off duty, for any reason, shall be paid at least three (3) hours call-back pay at time -and -a -half the employees rate of pay. 10.1 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. 15 g./9 ° " �a 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 twanty-four (24) hour shift with forty-eight (48) hours off. Further, it is the intention of the parties that these twenty-four (24) hour shifts will begin at 8:00 a.m. As to the individual members of the Units the Fire Chief or his/her designee map, from time to time, make exceptions from this normal shift schedule. 11.3 The normal Mork week for Fire Inspectors for the term of this Contract shall be forty (40) hours. 16 �.;MMUN 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. 17 13.1 Shift employees covered by this Contract shall accrue paid vacation time as follows: (a) 0 - 60 months employments 12 hours for each completed month of service. (b) 61 - 120 months employments 16 hours for each completed month of service. (e) over 120 months employments 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 employments 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 Kanager. 13.8 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. 18 p - 9 0r C%2 ARTICLE 14 x0jdx,UA 14.1 All employees covered by this Contract, in pay status when a holiday occurs, shall receive, in addition to his/her regular pap, fourteen (14) hours pay at his/her straight time hourly for each of the following holidays: NM YEAR118 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 (34) hour tour of duty as personal leave accumulated on October i 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. F 4:] ARTICLE 19 MEDICAL-COVERAGERAM 15.1 The City offers Humana Health Care coverage to its employees. The offer contains an HMO and a PPO Plan. 15.2 The City has agreed to pay the following monthly rates: PAID BY CITY PAID BY EMPLOYEE MONTHLY MONTHLY single $124.68 Family 257.08 92.03 RMU_ jPPQL620_ -_ INDEMNITY $142.60 24.48 Family 257.08 210.73 These rates will be in effect until midnight, September 30, 1990. 20 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. 16e2 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 sick leave in excess of 288 hours anytime during his/her employment with the City at the following rate: ACCUMULATED HOURS t 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 25& 565 hours - 930 hours 50t Over 930 hours 100% 16.5 Any employee of the bargaining unit who uses no sick time between October 1 and March 31 of any fiscal year shall accumulate twelve (12) hours of vacation leave. Any employee of the bargaining unit who uses no sick time between April 1 and September 30 of any fiscal year shall accumulate twelve (12) hours of vacation leave. If any employee uses no sick time at all during any fiscal year, he shall accumulate twelve (12) additional hours for a total of 36 hours for the year. 16.6 mire Inspectors shall accumulate sick leave at eight (a) hours per month. 21 N 71ATICLE 17 17.1 Any employee who is disabled during the course of his/ber tour of duty with the City of Tamarac's Fire Department, which disability would be compensated under the Worker's Compensation Statutes, ■hail 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 shall receive eighty-five percent (85t) 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 recognise Florida Statutes 8112.18, 175.231 and the Florida Worker's Compensation Statute, as the same may be amended from time to time, pertaining to Firefighter disability. 22 ,4� - �d-.cva'), ,! r _ • 111 ,` pISEASEB Iasi Recognising 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 INJIIRY", Article 17. 23 g.'9d- 02';? ,).- 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 followings a, contracting for physical testing, such as blood testing, stress testing, and other related evaluations. b. purchasing of necessary equipment or gear. ao appointing a Program Director to 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. 24 f-- Sa • as ;'-, 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. 2092 Said employee will use one (1) mouth'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. 25 21.1 Leaves of absense 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. 31.2 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 215.07 Florida Statutes. 21.5 Any employee who is on duly authorised paid leave of absence will. continue to maintain all benefits including seniority, and health benefits. All job -related benefits"will cease when an employee's leave of absence is in excess of thirty (30) days. Any member may elect to continue hospital and/or personal insurance plans by personally making future payments for this coverage. 21.6 No employees shall accrue seniority, vacation or sick leave credits while on an authorised 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 authorised leave. 0e-Y0- C2=2": ARTICLE_ ,_2 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. ENT 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 91-92 1. EMT I - 5% 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 92-93 1. EMT I - 5% 2. EMT II (Paramedic) - 2% 3. DIVE RESCUE - 1% 4. A.S. Fire Science Degree - 3% S. Fire Science Certificate, or 33 credits toward a Fire science A.S. Degree - 2% 27 ,<- 90 . as 3 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. 33.3 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 vithdrays 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 eourse(s), the City shall be reimbursed for all expenses. The City shall deduct this amount from the employee's final paycheck. 28 9- �0'a a a:�A'VieAENT 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, chidrea, 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 tins 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 his/her designee through the Fire Chief bereavement leave. The compensation for this be paid from any accrued leave time available leave, vacation leave). 4!] City Manager and/or for extension of additional leave will (sick leave, personal 25.1 The City shall supply as needed to each member, at no cost to the member: a. Dress uniform consisting ofs Uniform shirts with fire department patches, Uniform pants, Black leather belt, Navy blue T-shirts (employees may affiz approved Union logo), Black safety work shoes, or Boots, Badge, Navy blue baseball style cap (employees may affix approved Onion logo), Navy blue jumpsuit with fire department patch, Navy blue winter jacket b. Turn -out gears Navy blue sweat shirt with logo Helmet OSHA -approved, 5A Coat Pants (jump) short boots Suspenders cloves 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 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 $100.00 after presenting report of breakage or damage to the Department. Personal equipment is defined as glasses, watches, knives, rescue or fire tools, and wedding bands. All lost or misplaced equipment, clothing or uniforms will be replaced by the employee. *An employee may elect to wear upgraded,. OSHA -approved black, safety shoes or boots, in which case he/she shall receive a credit from the City equal to the cost of the shoes supplied by the City. Fro INA+► o gam.$ 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 nest 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 employees 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. 31 2_So, c-2a-�L, ARTICLE 27 ROSAT D EM? OWry i*`�a; '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 vay 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 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. 32 2 .90, as; '28.1 Each employee shall have seniority standing in the Fire Department equal to the employeels 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. 33 ARTICLE- 29.1 In the went 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 lover classification. 29.2 Employees shall be recalled from layoff in accordance with their seniority in the classification from which they were laid off. No nev 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. 34 V-P - A--i - -M.. - M�_ - 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 ezam shall be lot 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 ezam, 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 nest promotional exam for his/her new classification in order to become permanent. 30.7 ELIGIBILITY FOR POSITIONS WITHIN THE BARGAINING UNIT: A. Driver/Engineer: Apprentice Firefighter 3 or above. B. Fire Lieutenant: A Driver/Engineer or a Journey- man Firefighter 1 on the Driver/ Engineer list. Must complete with a minimum grade average of "B" Administration I and II and Tactics II at an accredited in- stitution, within two (z) years of promotion to Fire Lieutenant or be returned to the position from which promoted. 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. 30.9 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. �v g- 90.au :2— PROMOTIONAL PROBATION 3191 An employee receiving a promotion from a lover 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 falls to make a positive recommendation, the employee shall automatically revert to the lover 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. W 32.1 District vice -President and/or designee shall be granted time off to perform their Union functions, including attendance at conventions, conferences and seminars. The onion 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. 32.2 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. 32.3 Any Union member designated by the District Vice - President may attend Union business after agreement in writing by the Fire Chief. 32.4 Time spent on authorised union business will not be counted as hours worked for computation of overtime. 32.s All leave requests for Union business must be signed by the union District Vice -President before approval. 37 33.1 The employee within the bargaining unit shall have all of the rights provided for in Section 447.301 F.B.A. including any and all administrative and judicial interpretations of said Statutes including the right to join and participate in an employee organisation, to negotiate collectively, to be represented in the determination of grievances, and engage in activities not prohibited by law. 38 IZ_90aacp, .3491 The Union agrees that its members shall comply with all Fire Department Rules and Regulations, including those relating to conduct and work performance. 34.2 At each station there shall be maintained two (2) current copies of the Rules and Regulations. 34.3 These shall be updated annually as a minimum or as needed by the Fire Chief. 34.4 All Rules and Regulations affecting hours, wages, or working conditions, if amended, shall be subject to collective bargaining (P.O. 447). 39 J,-�D-a2a.0-)1 -V ; 444#K$).Ai� 35.1 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 proceduress 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 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. 5. Limits duration of interrogations. 5. 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. 35.2 If anyone is interested in reading the full Firefighters Bill of Rights, it is available in the Fire Chiefs office. Gib] •36.1 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. 36.2 Each shift will be required to have two (2) night time drills per year to end before 2300 hours. 36.3 Each shift will be required to have two (2) weekend drills per year. 36.4 weekday drills will be between a a.m. to 4 p.m., Konday through Friday. 36.5 No drills on holidays. 35.6 No more than one drill per twenty-four (24) hour tour. 36.7 physical drills at the Fire Academy four (4) hours maximum including travel time. 36.8 No physical drills when temperature exceeds 8S degrees Fahrenheit. 36.9 Drills will be scheduled one (1) month in advance. 36.10 Drills will not be punitive in nature. 36.11 Drills will be from 0800 hours to 1600 hours on Saturday unless otherwise specified by a night drill. 41 e_ TO-aa� 37.1 A Fire Watch Overtime List based on seniority will be established. 37.2 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. 42 UTIgLE 38 38.1 The Fire Department cork day for all routine activities, i.e., - vehicle maintenance, station maintenance, and all other activities - shall begin at 0800 and and at 1600. The hours from 1600 to 0800 the next day shall be considered standby time. 43 ARTICLE 39 �: 61rm 39.1 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. 39.2 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 S - ARBITRATION. 39.3 personnel covered by this contract shall not be required to perform lawn maintenance. 44 e•90_Oa� TS A 0.1 The City agrees to defend and hold harmless, any member covered by this Agreement, and automatically undertakes the defense of any member employee against civil damage suits arising from performance of duties while within the employee's scope of employment and will file proper and appropriate countersuit$. 45 41.1 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. 46 42.1 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. 42.2 Any firefighter laid off as a result of annezation 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 a physical agility tests for Tamarac Fire Department. (3) he/she passes the City's medical examination. 42.3 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. 47 A3.1 The Union agrees that its members will not engage in strikes, slow downs, boycotts, stoppage of work, refusal of assignments, or any interference with efficient management and operation of the Fire Department and the City. 43.3 It is recognised 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. 48 44.1 Both the City and the Bargaining purpose of providing this service is in an in emergency situations. in no cases ar used for salvage operations. GP7 Unit agree that the sole effort to save lives and e Fire Department divers 'e-9G,0'2a;)L, ARTICLE 45 45.1 No employee covered by this Agreement will be discriminated against by the City and/or the Union with respect to any job benefits or other conditions of employment accruing from this Agreement because of Union membership or non -Union membership. Further, no employee covered by this Agreement will be discriminated against by either party to this Agreement because of race, sez, national origin, religion or handicap. 46.1 upon request, the City shall provide two (2) bound copies of this Agreement to each Fire Station. 46.2 Upon request, the City agrees to provide (1) copy each to the Union, without charges 1) proposed budget, 2) final budget, 3) year-end financial statement. 51 47.1 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 most and confer any invalidated provision(s). 52 ie So-�-- r 48.1 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 seventh (7th) shift, shall be maintained for the term of this agreement. 'Kelly Days" shall be bid on the basis of seniority for each platoon on an annual basis on or about October lot of each year. 48.2 The Fire Chief has the right to adjust the elzolly Day" schedule in order to balance the rank and number of employees off on any given day at the time of the annual bid. 48.3 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. 48.4 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. 53 T]-:R--M r OF AGREEMENT 49.1 This Agreement shall be effective this ist day of October, 1990, and shall remain in full force and effect until and including September 30, 1993. DATED this z day of , 1990. :4% ATTEST: BYt (L CHIEF NVGOTIATOR Q This day of , 1990 APPRO D AS O L G BUFF CIENCY LOCAL 3080, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS JOHN R. KINLEN Lags r Dery 7r 54