HomeMy WebLinkAboutCity of Tamarac Resolution R-87-0121
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Introduced by: 611, Temp. Reso. #Y �V*
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-8 _
A RESOLUTION PROVIDING FOR ACCEPTANCE OF
THE AGREEMENT WITH THE INTERNATIONAL
ASSOCIATION OF FIREFIGHTERS (IAFF), LOCAL
2600, AND AUTHORIZING THE PROPER CITY
OFFICIALS TO EXECUTE SAID AGREEMENT ON
BEHALF OF THE CITY OF TAMARAC; AND PRO-
VIDING AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac and the International
Association of Firefighters (IAFF), Local 2600, have collect-
ively bargained in good faith and have reduced said bargain-
ing to an agreement, and the City Council of the City of
Tamarac, Florida, 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:
SECTION 1 That the certain Agreement by and between
the City of Tamarac and the International Association of
Firefighters (IAFF), Local 2600, for the period from October
1, 1986 through September 30, 1988, is HEREBY APPROVED. A
copy of said Agreement is attached hereto and made a part
211 hereof.
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ECTI 2: The appropriate City Officials (Mayor, City
Clerk, City Manager) are hereby authorized to execute said
agreement on behalf of the City of Tamarac.
,SECTION 31 This Resolution shall become effective
immediately upon its final passage.
PASSED, ADOPTED AND APPROVED this day of 1987.
fl
OR
BERNARD HART
ATTEST:
CAROL E. (3ARBUTO
CITY. CLERK
I HEREBY CERTIFY that I have
approved the form and correctness
of this Resolution.
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1. " r, L' �'-'
CITY AT RNE
A. BRYA AP AT
MAYOR: HART
DIST. 1: C/W MASSARO (..
DIST. 2: W/M STELZER
DIST. 3: C/M GOTTESMAN
DIST. 4: C/M STEIN ��„
a
CONTRACT
BETWEEN
THE CITY OF TAMARAC
AND
THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (IAFF)
OCTOBER 1, 1986 THROUGH SEPTEMBER 301 1988
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TABLE OF
CONTENTS
ARTICLE NUMBER
PAGE NUMBER
DESCRIPTION
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i
PAY PLAN
TABLE OF CONTENTS
1
1
AGREEMENT
2
2
RECOGNITION
3
3
MANAGEMENT RIGHTS
4
4
& 5
GRIEVANCE PROCEDURE
5
6
& 7
ARBITRATION
6
8
& 9
CHECK -OFF
7
10
WAGES/CAREER STEPS
8
11
LONGEVITY PAY
9
12
OVERTIME PAY
10
13
CALL-BACK PAY
11
14
BASIC WORK WEEK
12
15
WORKING OUT OF TITLE
13
16
VACATION
14
17
HOLIDAYS
15
18
MEDICAL COVERAGE
16
19
& 20
SICK LEAVE
17
21
ON-THE-JOB INJURIES
18
22
PRESUMED COMMUNICABLE DISEASES
19
23
MEDICAL EXAMINATION
20
24
TIME POOL BANK
21
25
LEAVES OF ABSENCE
22
26
EDUCATIONAL INCENTIVE
23
27
EDUCATION
24
28
BEREAVEMENT LEAVE
25
29
UNIFORMS
26
30
TERMINATION OF BENEFITS
27
31
PROBATIONARY PERIOD/EMPLOYEE
(NEW HIRE)
28
32
SENIORITY
29
33
PERSONNEL REDUCTION
30
34
& 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
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48
WORK STOPPAGES
44
49
PROHIBITION AGAINST REOPENING OF
NEGOTIATIONS
45
50
NON-DISCRIMINATION
46
51
SERVICES TO THE UNION
47
52
SEVERABILITY CLAUSE
48
53
TERM OF AGREEMENT
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ARTICLE 1
AGREEMENT
1.1 This Agreement is entered into by Tamarac, Florida, hereinafter
referred to as the "City" and Local 2600 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 of er:.I:'ryFe. covered by this Agreement.
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ARTICLE' 2
RECOGNITION
2.1 The City hereby recognizes the Union as the exclusive bargaining
representative for all employees in the following appropriate unit:
INCLUDED: All full-time Firefighters, Driver -Engineers, Fire -
Lieutenants.
EXCLUDED: Fire Chief, Assistant Fire Chief, Fire Captain,
Fire Inspector arO a31 other employees of the City.
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ARTICLE 3
MANAGEMENT RIGHTS
3.1 The City of Tamarac shall, be entitled to all rights provided for in
0! ection 447.209 F.S.A. including any and all administrative and judicial
interpretations of said Statutes.
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AFTICL�A
GRIEVANCE PROCEDURE
4.1 In a mutual effort to provide a harmonious working relationk+ij;
betweei; 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 n-er.r:t-.
effort shall be made by the parties to secure the proript disposition of such
grievance:
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Ft.q• 7. All grievances by employees of the bargaining unit will be pro-
cessed through E, Grievance board comprised of a President, Vice President,
Secretary and Treasurer to alleviate unnecessary grievances. A Union
official may accompany ar, eri ll oN ee through each step of the Grievance Pro-
cedure. The employee shall first take up his/her grievance with his/her im-
mediate supervisor within five (5) administrative working days of the occur-
rence 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 immediatF 41jj,ezv E-(t shall be
on an informal and oral basis.
Step 2. Any grievance which cannot be satisfactorily settled with the
immediate supervisor shall be reduced to writinc 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 dal:; of t-1,e
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ARTICLE 4
GRIEVANCE PROCEDURE
PAGF: 2 OF 2
deadline date for con,0 Ft 1 car, of St el 1. The Fire Chief shall, within five
(5) administrative working days after presentation of the grievance (or
such longer period of time a.• is mutually agreed upon), render his/her de-
cision in writing with a copy to the Union.
iStep 3. In the event the employee is not satisfied with the disposition
of the grievance in SteR 2, he/she shall have the right to appeal the
Fire Chief's deci si can to t.1,N C t l Fanager 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 em-
ployee, or at the employee's option, the Representative of the Union, re-
qu(-E:tariq that the Fire Chief's decision be reversed. The City Manager or
his/her designee shall within ten (10) administrative working days of the
fading 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
Orectly between ttie :I oc it l Urd on and the Department and the City, it shall be
presented in writing directly to the Fire Chief within the time limits
provided for aggrieved employee: 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 ar.-C Co. L reby 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 grieve=n.c7F, fer a;c-n-urion
employees but will be invited to attend any meeting where the resolution of
the grievance may occur.
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ARTICL F 5
ARB I TRAT 10N
5.1 In the event a grievance processed througr. the Grievarce Procedure
set forth in Article 4 has not been resolved, the grievant may submit the
grievance to arbitration witbir, 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 ul.or, by
the parties. In the event the parties are unable to agree ui;ar, z,z_: c'
arbitrator within 10 administrative working days, the parties FlE "
jointly request the Federal Yediatior, and Conciliation Service or Americar,
Arbitration Association to furnish a panel of seven (7) persons it
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 part ie.; E-1-&l l r, ak(- t 1-(-i r.j c ' c E of t Y E impartial arbitrator
within five 5 administrative working days after the receipt- of the panel
from the Federal lleeirtic�n 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 arb`trated
prior to the arbitration hearing and the arbitrator; thereafter,
confine his decision to the particular grievance thus specifies.
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
tS� eR 2 of the Grievance Procedure.
5.4 The arbitrator shall have no authority to change, amend, adc, to,
subtract from or otherwise alter or supplement thi: coiii- r ac:t or any part
thereof or amendment thereto. The arbitrator shall have no authority to
rule upon any matter which is sti.t(-O :gin t},is contract not to be .abject to
arbitration, nor shall this Collective Bargaining Agreement be construed by
the arbitrator to supercede applicable laws in existence at the time of
signing of this contract except to the extent as specifically provi&-O
l�cr c= ir
ARTICLE 5
ARBITRATION
PAGE 2 OF 2
5.5 The decision of the arbitrator shall be final and binding.
5.6 Each party sr,c7 beery il,u Expense of its own witnesses and of its
representatives. The impartial arbitrator's fee and related expenses and
expense of obtaining a hearing room, if any, shall be equally divided
06tween 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 workinc, Cays
shall mean Monday through Friday.
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ARTICLE 6
CHECKOFF
6.1 Any member of the Union who is covered by this Agreer.:ent 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 ar;C r.l<," N, 1iarsmitted 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 er*tjah to satisfy the deduction, no collection shall be made from the
employee for that month.
6.1 The City shall have neither responsibility nor liability for any
monies once sent to the Union, nor shall the City have any responsibility for
the ivpioprj deeajct ior cf 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 not.Ify tl& Finance
Director, in writing, of any change in the amount of dues to be deducted
at least thirty (30) days in advance of said change. Under no c5i cunstances
shall the City be required to deduct initiation fees or Union fines, penal-
ties or assessments from the wages of any member.
6.5 Any member of the Union may, on thirty (30) days' notice to the
City and the Union, request that the City cease dedvot. i r=g f i car
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 crust be submitted to the City on the
following form:
ARTICLE 6
CHECKOFF
PAGE 2 OF 2
AUTHORIZATION 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 2600, International Association of Firefighters.
I understand that this Authorization is voluntary and that I.may revoke
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:
INSTRUCTIONS TO STOP PAYROLL DEDUCTION OF IAFF DUES
I hereby instruct the City of Tamarac to stop deducting from my wages bi-
weekly the current normal dues for LocE:--, 2000, international Association of
Firefighters. I have notified Local 2600 of the revocation.
SignatureDate
*y—roll/Social Security Number
VERIFICATION OF NOTICE TO UNION REGARDING DUES DEDUCTION
I
Local 2600 verify that ___ ...............
his/her wages.
Signature
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Date
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of the IAFF
has notified the Union of
ARTICLE 7
WAGES/PAY SCALE
7.1 Effective October 1, 1986, all I.A.F.F. Bargaining Unit employees
will receive no increase.
7.2 A new pay plan will be instituted on October 1, 1986 to reflect -
present "A" step to become the rate of pay for new employees ONLY. The
present "B" step to be shown as the new "A" step and the present "H" step to
be shown as the new "G" step. A new "H" step will be added to reflect an
additional five -percent (5%) to the pay plan.
7.3 Effective April 1, 1987, all I.A.F.F. Bargaining Unit employees
shall receive a five percent (5%) career step increase and move one (1) step
on the pay plan.
7.4 Effective October 1, 1987, all I.A.F.F. Bargaining Unit employees
will receive a four --percent (4%) career step increase and move one (1) step on
the pay plan.
7.5 Effective April 1, 1988, all I.A.F.F. Bargaining Unit employees
will receive a three -percent (3%) increase.
ARTICLE 8
LONGEVITY PAY
8.1 All full-time employees who have completed one (1) year of service at
Step H of their pay zange shall receive a lump sum annual longevity payment to
0 paid in December of each contract year in the amount of two percent (2%) of
annual salary. All employees at Step H on October 1, 3.986 will be eligible
for longevity in December, 1987.
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ARTICLE 9
OVERTIME PAY
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 beceu.c.cF of vacations, sickness, or other unforeseen conditions, 0
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 shall be based on seniority on a rank--for-rank basis. If an
employee is requested for overtime and it is denied, that employee is placed
on the bottor., c:f tI.e seniority overtime list. A minimum of twelve (12) hours
must be accrued in overtime before moving to the bottom of the list. A
maximum of twenty-four (24) hours will be allowed. If an employee cannot be
contacted, he/she will not lose his/her position on the overtime list.
9.3 This list will be prepared within thirty (30) days of the execution
of this Contract by the Fire Chief and/or his designee and the Union President
and/or his/her designee. This list ki17 be on tree bulletin boards of
each station. The list may be reviewed at the request of either party.
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ARTICLE 10
CALL-BACK PAY
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
est three (3) hours call-back pay at time -and --one-half the employee'r: rate
of pay.
30.2 ThF cuff; ciF ) ' i. (+t z ge shall be the authorized agent to initiate/
terminate the call-back.
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ARTICLE 11
BASIC WORK WEEP
11.1 The normal work week for the contract year 1986/1987 shall be an
average of forty-eight (48) hours. Nothing herein shall guarantee any
employee payment for the above mentioned forty-eight (48) hour work week
unless the employee actually works forty-eight (4f) 1-curs 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
leiib rs of the Bargaining Unit will work a twenty-four (24) hour shift with
(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 individual
members of the Unit, the Fire Chief or his/her designee may, from time to
time, make exceptions from this normal shift schedule.
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ARTICLE 12
WORKING OUT OF TITLE
12.1 The City agrees to take necessary action to minimize t14' ijtaJ}-
ration of employees working out of their classification. When it is nec-
Asary an employee to work in a higher classification, he/she shall be paid
at a rate of four percent (4%) for the higher classification after OPE, (i)
complete tour. Four percent (0) shall commence with the second consecutive
tour.
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ARTICLE 13
VACATION
13.1 Employees covered by this Contract shall accrue paid vrc-rt or, tairne
as follows: Is
(a) 60 months employment: 10.8 hours for each completed month
of service.
(b) 61-120 months employment: 14 hours for each completed month of
service.
(c) Over 120 months employment: 16 hours for each completed
month of service.
13.2 Vacation leave r,ay be accumulated, but not in excess of 400 hours
13.3 Any employee who is separated from the service (resignation, death,
retirement of 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 provided he/she has been approved for benefits by the City
Manager.
13.4 Schedules for vacation shall be subject to the approval of the Fi*
Chief and shall be based upon the needs of the Department.
13.5 A minimum of two (2) tours shall. be taken each contract yt•z,x .
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F_PT; CL F 14
HOLIDAYS
14.1 All employees covered by this Contract, in pay status when a
holiday occurs, shall receive, in addition to his/her regular pay, twelve (12)
Ours 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
14.2 All ev-p3r)jee& covered by this Contract shall be allowed one (1)
twenty-four (24) tour of duty as personal leave.
0 14.3 All accrued holiday pay as of December lst of each year will be
paid in one (1) lumpsum on the first pay period in December.
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 a: provideC jr Ser t. car, 71Z.3.
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ARTICLE 15
MEDICAL COVERAGE PROGRAM
15.1 The City shall pay 100% of the premiuir for t1je Fn•i.J oyee after
ninety (90) calendar days of employment.
15.2 If the employee desires dependent coverage, it will be sut*idliv0
by the City at the City's contribution rate ($41.79) in effect at the time of
execution of this contract.
15.3 The City has the ragl)t tc. select and change health insurance
companies in its sole and exclusive discretion. Such decision shall not be
subject to the GRIEVANCE/ARBITRATION procedure.
15.4 The City is self -insured for traditional medical coverage.
HealthAmerica, a Federally qualified health maintenance organization (HMO), is
the alternative provider. All benefits provided effective October 1, 1986
shall be n2ai ntai r)(-0 1 l,i E contract with no reductions.
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ARTICLE 16
SICK LEAVE
16.1 Sick leave time will be earned at the rate of 10.8 hours for each
1%t►'ox)tL of service based on a 48-hour work week effective October 1, 1986. There
11 be no limit to the amount of sick leave days accumulated.
Sick leave shall be granted for the following reasons:
A. illness or physical incapacity to such an extent as to be
rernclered 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 t-w r t �,l : 2 f c� t c submit a physician's 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 eycess of
288
hours anytime
during his/her employment
with the City at the following rate:
ACCUMULATED HOURS
288 hours - 564 hours
565 hours 930 hours
Over 930 hours
K.OF_BUY BACK
25%
50%
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.
ACCUMULATED HOURS % OF BUy BACK
288 hours - 564 hours 25%
565 hours - 930 hours 50%
Over 930 hours 100%
16.5 Any employee of the Bargaining Unit that does not avail
himself/herself of any accumulated sick leave during any fiscal year, shall
accrue one (1) additional twenty-four (24) hour tour of vacation time on the
last day of that fiscal year.
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SICK LEAVE
ARTICLE 16
PAGE 2 OF 2
16.6 The employees of the Bargaining Unit will reduce sink leave use
by twenty-five percent (25%) during fiscal year 1986/1987. This will not
incluec E.j c6: leave use for long -tern, illness or injury.
16.7 If employees of the Bargaining Unit do not reduce sick leave by
twenty-five percent (25%) during the first year, the work week shall revert
back to 50 hours during the second year.
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ARTICLE 17
ON--THE-JOB INJURY
17.1 Any employee who is disabled during the course of his/her tour of
O.t-*,, wJtls the City of Tamarac's Fire Department, which disability would
cccripensated under the Worker's Compensation Statutes, shall be paid his/her
full salary for the time which would have been worked within the equivalent
of one Firefighters 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 1-f r cer-t- (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 par t vi• i l.ct no employee seeking benefits
Oder this section shall ever receive more than one hundred percent (IOC4) 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 art eL;IIcyee 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
re that member shall have blood drawn by a County paramedic on the scene,
if possible. If not possible, blood shall be drawn at the -bearest 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 5112.18, 175.231 and
the Florida Worker's Compensation Statute, as the same may be amended from
time to time, pertaining to Firefighter disability.
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PRESUMED COMMUNICABLE DISEASES
18.1 Recognizing the Firefighters increased risk to communicable i
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
placed on 20 tours paid sick leave at his regular rate -of pay.
F . I• for an extension of days may be made to the City Manager
tc i(vaew the circumstances and make the final decision.
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ARTICLE 19
MEDICAI. EXAMINATION'
19.1 PRE -EMPLOYMENT PHYSICAL EXAMINATIONS
All pro:1:F-,ctive employees are required to undergo pre employ ment
medical examinations through a City designated physician to determine if
he/she meets accepted standarOE. of bealth for the position. This examination
shall include a Gas Chromatography/Mass Spectrometry (G.C.M.S.) or comparable
testing method. This examination shall be in addition to the medical history
statement. An applicant determined to be physically or mentally unfit for
service shall not be eligible for employment.
19.2 IN-SERVICE PHYSICALS
An employee, during his/her period of em.ijloyroer�t, may be required to
undergo periodic medical examinations to determine his/her physical and
mental fitness to perform his/her job.
Such perSoOk, medical examinations shall be at the expense of the
City.
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ARTICLE 20
TIME POOL 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.
0
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. 0
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APTICLF 21
LEAVES OF 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 reason-
* le purpose by the City Manager or his/her designee. Such leaves may be
renewed or extended for any reasonable purLc.•c° i-ot 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 deticlxlee 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 em-
ployee.
21.3 Leaves of absence, with or without pay, may also by gran'cc; tc: ci--
ployees by the City Manager or his/her designee if it is determines tlzt ",
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
*serve Forces of the United States ei.(, c.l c: c.1 c'F r ec? 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 employee's leave of absence it in
excess of thirty (30) days. Any member may elect to continue hospital and/or
personal insurance plans by personally making future payments foi tldE cover-
age.
21.6 No employee 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
Wthe same rate as prior to tle aut.l�orixed leave.
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ARTICLE 22
EDUCATIONAL INCENTIVE
22.1 The Educational Incentive will be paid in the first pay period in
December so long as an employee has been certified.
22.2 Educational Incentive of two percent (21) of employee's currene
salary will be given in one (1) lump --sum payment for the following educa-
tional achievements:
] . ENT I
2. Fire -Science Certificate
3. A.S. Fire -Science Degree
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ARTICLE 23
EDUCATION
23.1 The City shall pay for approved job related courses if funds are
&ailable, and in the opinion of the Fire Chief and City Manager or his/her
designee, the course does not interfere with the Firefighter's performing
his/her duties, including attendance at work and scheduling of working hours.
Mutual exchange of tours will be acceptable coverage. Fire Chief shall make
the recommendation for approval.
23.2 The City shall pay for the total cost of the courses, including
registration fees, charge for semester hours and textbooks if the cool&e
and authorization are given by the Fire Chief and City Manager or his/her
designee in writing prior to registration. The City shall not pay for late
registration charges, : upplies, traveling expenses and cost of
transcripts. If the City pays for a textbook, upon completion of the course,
it is to be given to tl,e CAI . An employee may buy his/her own textbook.
23.3 Further, the City will be obligated to pay no more than the
Orrent per credit hour rate in a Public Institute of Higher Education for any
fiE,(zi ytfoi for any employee, including tuition, registration and books.
23.4 Any course which requires State Certification, shall not be
reimbursursable until state certification is awarded.
23.5 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 lay check at a maximum amount of $25.00 per pay check. If the
school refunds part of a check at the time of withdrawal, the employee must
make up the difference. If the City pays for a textbook, upon completion of
the course, it is to be given to the City. An employee may buy his/her own
textbook.
9 23.6 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 f r on, JJ1*:- Nr ,1,,; 01" E E 's final paycheck. The
employee shall sign an affidavit stating that he/she approves of the terms
set forth in this section before any monies are Expended by City.
_27_
ARTICLE 24
BEREAVEMENT LEAVE
24.1 In the event of a death in the immediate fbDily of an employee, the
employee shall be granted up to one (1) twenty-four (24) hour shift off wit
pay. If the death occurk Cui : i:<� +.<, work shift, shift on which tr,e
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 w(,0 0 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 retuiris to work.
24.4 Applications may be made to the City Manager and/or his/her deEi SE
through the Fire Chief for extension of bereavement leave. The
for this additional leave will be paid from any accrued leave time availat.lE
(sick leave, personal leave, vacation. leave).
ID
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ART I CI-F ? 5
UNIFORMS
25.1 The City shall maintain in stock and supply as needed to each
r cr )e, ; oll r10 co.c t. to the member,
0 a. Dress Uniform consistin, cf:
1-0
Uniform shirts with Fire Department patches,
Uniform pants,
Black leather belt,
Navy blue T-shirts (employees may affix approved [anion logo),
Black safety work shoes,
Badge,
Navy blue baseball style cap (employees may affix approved Urjon
logo),
Navy blue jumpsuit with Fire Department patch,
Navy blue winter jacket,
b. Turn -out gear:
Helmet OSHA -approved, 5A
Coat
Pants (jump)
Short boots
Suspenders
Glover;
Nomexhood
25.2 Any member who loses or fails to take proper care in safeguarding
his/her equipment shall replace the equipment at his/her own. expense. 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 defineO aiw, watches,
knives, rescue or fire tools, and wedding bands. All lost or misplaced
uipment, clothing or uniforms will be replaced by the employee.
*An employee may elect to wear approved black safety boots, in which case
he/she shall receive a credit from the City equal to the cost of the shoes.
spa
ARTICLE 26
TERMINATION -OF —BE EFITS
26.1 Vacation time, holiday t iii,e r.r c': c:vei time that has been performed
and is in an accumulated status, will be compensated by check upon terry-ir,Ari
provided at least two wc-eks written notice of termination► has been providEc
to the City or on the next payday at the option of the employee. If two weekE,
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 Gay
is on a Saturday or Sunday, the employee shall recOvv h fleer check on
Monday.
26.2 The City shall be entitled to withhold all or a portion of tr!e
final check pending the member's return of all City property in his/hei
custody including, without limitation, Fire Department equipment, health
insurance cards and City identification cards.
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ARTICLE 27
PROBATIONARY_ PERIOD/EMPLOYEF_S_ _(NEW__HIR.k.
27.1 The probationary period for all new employees shall be one year froD
the date of employment as a Firefighter. An employee shall be formally
aviewed once after three months, six months and nine months from date of
hire. These reviews shall in nt� way affect the employee's salary, but rather
shall be a means of notifying the employee, supervisor and City kanagez of the
epployee's progress.
27.2 F.t ery time during the Probationary Period, the Fire Chief or City
Manager may terminate the employee. Any termination prior to expiration of
the probationary veij c,C shall be final and not subject to the Grievance
Procedure and Arbitration Procedure in this Agreement.
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 r'Zrcael recommend continuance of employment, the employee shall be given
permanent status.
27.5 lgotwithstanding any provision of this Agreerent; Jot, t�enefits for
9robationary employees in the area of leave shall be consistent with the leave
provisions in this Agreerierit.
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ARTICLE 28
SENIORITY
28.1 Each employee shall have seniority standing in the Fire Department
equa3 to t l,e erij' c:j-c u `f i c t z ] I er:,th of continuous service with the City of
Tamarac Fire Department.
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28.2 Seniority as defined above shall be used in the pink of vacaticri.
and fox the overtime list.
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E
ARTICLE 29
PERSONNEL REDUCTION
29.1 In the event of personnel reduction, emji3oyeeE shall be laid off
in the inverse order of their seniority in their classification, provided,
Owever, that where two (2) or mcr a have seniority standing within
sixty (60) days of each other, the City shall determine the order of layoff
baseC or, educrt i ors zjuC tl,e 3 ast wr i t t uxr i•e r formance 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
c1r:r'f�crtinn, 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 any 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 medica3
examination at time of recall. No laid off employees shall retr:ar YFc:r333
eghts beyond twelve (12) months fron. date of layoff.
29.3 An employee being recalled shall be notified by certifies mr.i3
(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 reca" :t zrc
the City shall have no further obligation to the employer.
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ARTICLE 30
1'ROMOT7C)NP1_ E'XAr:1NAT] ONS
30.1 Promotional examinations shall be administered by the Personnel
Director or his/her designated representative for classifications included
the bargaining unit once every two (2) years or in the event such a pro-
motional list is depleted prior to tI,e exl-ixat ic:r cf a two-year period, within
90 calendar days following such depletion.
30.2 Eligibility lists shall coincide with the beginning of a fif+czl
year. For purposes of this bargaining agreement, eligibility lists currently
in effect for the positions of Driver Engineer and Fire Lieutenant shall
expire on September 30th of all even years.
30.3 Tests for all positions shall be administered within the pxoper
time limits to enable the new list to be certific-0 zt& c f i l.E E ; i.' : o' ' c:r: date
of the list being replaced.
30.4 The closing date of applications or promotional exarrs shall not
be less than thirty (30) days from the date of initial announcement of excrJ -
nation. All sources of information used for written examinations shall be*
published and made known to promotional candidates at the time of initial
announcement and O,a1. hF, -r. i l E F: r e Station library.
30.5 Promotional examinations for classifications included in the
bargaining unit :hall consist of two parts; �J-written test � 70k•, f2-oral
interview = $30%.
30.6 Promotional candidates who achieve a grade of 70% or above on
the written portion of this examination shall be eligible to take the oral
examination. A grade of 70% or better is also required on the oral interview
to be considered as a candidate on the eligibility list.
30.7 All positions of the bargaining unit shall be filled from the
eligibility list. These appointments shall be made in relation_ to top scores.
When recommending appointments, the Fire Chief shall have the right to choose
from the top three (3) candidates. Anyone passed over for a promotion wile
counselled by management.
30. S Provisional all c ilt-r ciA .c Pay be made to vacancies where no list
is available for a period not to exceed 180 days, with approval of the City
Manager.
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ARTICLE 30
PROM O71CNAL EXAMINATIONS
PAGE 2 OF 2
30.9 ELIGIBILITY FOR POSITIONS WITHIN THE BARGAINING UNIT:
A. Driver Engineer: '
• 1. Three (3) years from date of employment as a Firefighter.
2. Must complete with a minimum grade average of "F", tr:ree (3)
credit hours in Fire Science, sp(-c_ i fically Apparatus arno
Procedures at an accredited institution, within two (2)
years of promotion to Driver Engineer or be returned to the
position from which promoted.
3. Any employee who has completed the three (3) credit hours at
the time of the testing procedure for Driver Engineer, will
receive three (3) points to be added on to the final grade
of tle written arc" anal exan-inations
.
r. Fire Lieutenant:
1. Five (5) years from date of employment as a Firefighter.
2. Must be or have been (within the ia:t two (2) calendar
years) on an e3igibility list for the classification of
Driver Engineer.
3. Must complete with a minimum grade average of "B", nine (9)
credit hours in Fire Science, specifically Apparatu4 anti
Procedures, Administration I or II and Tactics and Strategy
I or II, at ar accredited institution, witlir tvc (2) ,ears- of
promotion to Fire Lieutenant or be returned to the po.itaon
from which promoted.
4. Any employee who has completed tl�( rlive (9) credit hours at the
time of the testing procedure for Fire Lieutenant, will receive
five (5) points to be added on to the final grade point average
of the written and oral examination.
30.10 Veterans Preference points shall be added to tlhca c f
Oligible employees in accordance with Florida Statutes. Veteran's Prefciczce
may only be used for one (1) promotional examination.
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ARTZCI-F 31
PROMOTIONAL PROBATION
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 Fmi:] o; F( j rc:i r t r ce Appraisal and Develop-0
ment Plan Form after two (2), four (4) and six (6) months and make his/her
recommendations to the City Manager or his/her 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 autor.t U c e3.111 i vert to the lower position from which he/she
came.
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ARTICLE 32
UNION BUSINESS
32.1 President anc3/ox designee : 1:;: hF ;; t:r.+ c c i : r E cff to perform their
Unior- functions, including attendance at conventions, ccnfexences and
Winers. The Union shall inform the City, in writing, of the narc,eE 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 earl- of t-lie conditions:
(a) A written request including reason, time and location is submitted
to Department Management at least forty-eight (48) hour: prior to t1.F
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 fox meetings mutually agreed
lji�oit between the City and the Union.
c7; Etl1ogees of equal rank shall have the right to exchange shifts when
the charge doe:• rot interfere with the operation of the Fire
Depa r tnient .
32.2 Time off as provided ire tl,Jis Article for local Union officials shall
not exceed a combined total of nine (9) twenty-four hour shifts being 216
hours total for the conduct of Union business in any one (1) fiscal year.
32.3 Pry Union member desigr_ated by the President may attend Union
busirfL& . ;.chi eur!ert in writing by the Fire Chief.
32.4 Time spent on authorized union business will not be counted as hours
worked for computation of overtime.
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ARTICLE 33
EMPLOYEE RIGHTS
33.1 The employees within the bargaining unit shall have aA of Ibc
rights provided for in Section 447.301 F.S.A. including any ar_r
administrative and judicial interpretations of said Statute: A& W1 o i l c- l*
right to join and participate in an employee organi-zation, to negotiate
collectively, to be represented in the det.err:ination of grievarces, are
engage in activities rot pioli bi ted by Jaw.
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ARTICLE 34
RULES_ AND_ REGULATIONS
34.1 The Union agrees that at.• members shall comply with all Fire
Department Rules and Regulations, including those relat.ar�j to conduct and wclk
*erfc 11(7 ifnrmarce.
34.2 At each station there shall be maintained two (2) current copies of
the Rules and Regulations. These shall be up -dated or a queiterly basis.
I]
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AP^'CLY %5
FIREFIGHTERSrBILL OF RIGHTS
35.1 Listed below are some of the pert1rent provisions under this law
which became effective October 1, 1986 stipulating an employer may not
formally interrogate a it observes the fol lowire
procedures:
1. Provides written detailed notice of the inve.ti.9iAior- together
with the name, 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 investi yat of . if" j.e r F crs present during the
interrogation, fully identify themselves.
5. Limits duration of interrogations.
6. Prohibits use of offrr.:•ive language, or offer., 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 durinfl tre
interrc)4�etion.
c c;& i rs t Firefighters who uti.l i 7.e the
foregoing provisions.
35.2 If anyone is interested n recGi.n9 the full Firefighters PAI cf
Rights, it is avai3ahl.e in the Fire Chief's Office.
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ARTICLE 36
DRILL TIME
36.1 In recoanition of the fact that ongoing training is necessary to
saintain job competence, this Department will institute a M.S.O. (management
by objective) Program based upon oui current performance standards, with the
following drill schedule to be placed into effect:
Monet' y, Tue�'Zday
0900-1200
- Station I
units only
Wednesday
0900--1200
- Scheduled
multi -unit (Stations I & 2)
Thursday, Friday
09CO-1200
- Station 2
units only
Drill will conclude v.hen drill objective is met to the satisfaction
of the training officer or his designee, or at 1200, whichever is first.
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AFTICLY 37
FIRE WATCH SERVICE
37.1 A Fire Watch Overtime List based on seniority will be establ isYE-C .
37.2 Ir the evcr:'- %,itch is needed, off -duty permanent personnel
are to be called in for overtime from the Fire Watc-h Overtime List. PersoI*l
accepting or declining overtime for emergency fire watch shall not lose their
place on the regular overtime list.
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ARTICI-F 38
1 AINTENANCE DAY
38.1 The Fire Department work day for all routine activities, i.e. -
vehicle maintenance, st.at. of r<<'r t Fr a r_cE and all other routine activitie. -
all begin at 0800 and end at 1700. The hours from 1700 to 0800 the next day
shall be considered stand-by tire.
F,IL
I J
36.2 Douse watc.lh r.hall continue until 2200 hours.
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ARTICLE, 39
JOB DUTIES
39.1 It is understood by the parties that the duties enumerated in job
descriptions are
not
always
specifically
described.
The City ai:ree.;
that
will not require
new
tasks
and duties to
be perfcrr. (�el
0 ' (T aye 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 ccrc:'u:,ian of the discussion stated
above, request a hearing before the Personnel Director. This healjr-c -IB33 be
held at a mutually agreeab]E tin,F within thirty (30) days of the herrirc
request. If either party is not satisfied, the differences shall be resolved
consistent with Article 5 - ARBITRATION.
39.3 Personnel covered by this contract shall. not be required to
perform lawn maintenance.
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11
i t C..
CIVIL SUITS
40.1 The City agrees to defend and hold harmless, any member covered by
&is Agreement, and aut.orratically undertakes the defense of any xen'bE r
employee against civil damage suits arising from performance of duties while
within the employee's scope of employment and will file pxcpey. and apprcpriate
countersuits.
C�
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ARTICLE 41
BULLETIN BOARDS
41.1 The City shall furnish one (1) bulletin board per station for the
exclusive use of Local 260C, International Association of Firefighters, fw
po tire, of bulletins, notices and other Association materials. Any notice 0
item placed on the bulletin board shall bear on its face the legible desig-
nation of the person responsible for placing such item or notice cars the bul-
letin board.
-46-
AFT 1 CIS } A
TPPIIEFI k A(;F F;EMENT
42.1 The City agrees that in the event of a transfer of Oic- Fire
part -went or any of its related functions to any otliez private or
governmental entity, all rights and benefits of the bargaining unit personnel
guaranteed under this Contract shall be continued for the tern, of the
Contract.
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ARTICI E 43
WORK STOPPAGES
43.1 The Union a(3ie c that its members will not engage in strikes, slow
downs, boycotts, stoppage of work, refusal of assignments, or ark ir�terfErFrcE
with efficient and operation of the Fire Department and the Cito
43.2 It is recognized by the parties that the activities enumerated in
Paragraph 1 , are contrary to the laws of the State of Florida and the City
shall be entitled to seek and obtain ieg�,l Grc?/c ? w(;t � i �j1) ! 4 . ' . c f r ry
court of competent jurisdiction.
MUM
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ARTICLE 44
PROHIBITION -AGAINST_ REOPENING_ OF NEGOTIATIONS
44.1 This Agreement contains the entire agreement of the parties on all
Otters relative to wade:;, lac:i::: , r crking conditions, and all other matters
which have been or could have been negotiated by and between the parties
prior to t.t,F exf,ctvt Jor of this Agreement.
44.2 Any provision of this Agreement may be reopened during the term
of this Agreement only upon the mutual consent of both
r1
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AIM
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ARTICLE 45
NON-DISCRIMINATION
45.1 No employee covered by this Agreement will be discriminated
against by the City and/or the Union with respect to any jcb bevefJ!tk, c,r
other conditions of en j l cl i E-i,i < c:� i�_� r�o f r om this Agreement because of .
Union membership or non -Union membership. Further, no ernpiloyee cove.- cC, k:Y
this Agreement will be diEcr;r-inated against by either party to this AcrEE-
ment because of race, sex, national origin, religion or handicap.
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ARTICLE 46
9RVZCE,� n'( _ Y HHE_UN10N
46.1 Upon request, the City shall provide two (2) bound copieE of thjs
�TEEI!E'i�t to each Fire Station.
eC.? U cr. request, the City agree; to provide one (1) copy each to the
Union., without chance: 1) proposed budget, 2) final budget, 3) year-end
financial stcter..en.t..
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I
AF.TICLE 47
SEVERABILITY CLAUSE
47.1 Should any provision of this collective bargaining agreement, or
any part thereof, be rendered or declared invalid by reason of any exieting or
subsequently enz;ctec' *(,j);; c i Y1 Ery decree of a court of competente
jurisdiction, all other articles and sections of this Agreement shall ren.a r:
in full force and effect for the duration of tbi's Agreement. The parties
agree to immediately meet and confer concerning any invalidated provision(s).
47.2 In the event that the Fair Labor Standards Act of 1938, as
amended, is: (1) altered, amended, revised or rescinded by Congress; or (2)
clai i f i ee. v ti t t ref;pect to Firefighters (of any rank) through new or modified
Department of Labor Regulations; or (3) is found by the United States Supreme
Court or any otr,ei court of competent jurisdiction to be, in whole or in part,
inapplicatle to any bargaining unit employee who is not currently exempt from
that Act, the parties agree to meet and confer in order to immediately re-
negotiate try Fit ?c:lE ;;;) specifically affected by this contract.
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