HomeMy WebLinkAboutCity of Tamarac Resolution R-86-022w
Introduced by Temp. Reso.#3964
CITY OF TAMARAC, FLORIDA
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RESOLUTION NO. R-86- -ZoZ
A RESOLUTION PROVIDING FOR ACCEPTANCE OF THE
AGREEMENT WITH THE INTERNATIONAL ASSOCIATION
OF FIREFIGHTERS, LOCAL 2600, AND AUTHORIZING
THE PROPER CITY OFFICIALS TO EXECUTE SAID
AGREEMENT ON BEHALF OF THE CITY OF TAMARAC;
AND PROVIDING AN EFFECTIVE_ DATE,
WHEREAS, the City of Tamarac and the International Associa-
tion of Firefighters, Local 2600, have collectively bargained in
good faith and have reduced said bargaining 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
Local 2600, for the period from October 1, 1985 to September 30,
1986, is HEREBY APPROVED. A copy of said Agreement is attached
hereto and made a part hereof.
SECTION_ 2: The appropriate City Officials (Mayor, City
Clerk, City Manager) are hereby authorized to execute said agree-
ment on behalf of the City of Tamarac.
SECTION 3: This Resolution shall become effective immedi-
ately upon its final passage.
PASSED, ADOPTED AND APPROVED this ';?a:� day of;�±f5l
1986.
TTEST:
CITY QLERK
I HEREBY CERTIFY that I have
approved the rm and correct-
ness of this f SOLUTION.
CITY
YO
RECORD OF COUNOL VOTE-
MAYOR: KRAVITZ�
DIST 4: C/MSTEIN_
DIST 3: C/M GOTTESMAN _4�
DIST 2: C/M MUNITZ
DIST 1: V/M MAS ARO
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CONTRACT
BETWEEN
THE CITY OF TAMARAC
h1k,E
THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (IAFF)
OCTOBER 1, 1985 THROUGH SEPTEMBER 30, 1986
r�
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
ement to promote harmonious relations between the City and its employees
a 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
employees covered by this Agreement.
G
IF]
Page 1
TABLE OF
CONTENTS
ARTICLE NUMBER
DESCRIPTION PAGE NUMBER
1
AGREEMENT ............................1
2
RECOGNITION ..........................2
3
MANAGEMENT RIGHTS....................3
4
GRIEVANCE PROCEDURE..................4 &
5
5
ARBITRATION ..........................6 &
7
6
CHECKOFF .............................8 &
9
7
WAGES/PAY SCALE......................10
8
SICK LEAVE ...........................11
9
TIME POOL BANK.......................12
10
VACATION .............................13
11
HOLIDAYS .............................14
12
EDUCATIONAL INCENTIVE................15
13
BEREAVEMENT LEAVE.. ..................16
14
EDUCATION ............................17
15
MEDICAL COVERAGE PROGRAM.............18
16
ON-THE-JOB INJURY....................19
17
LEAVES OF ABSENCE....................20
18
TERMINATION OF BENEFITS..............21
19
UNIFORMS .............................22
20
UNION BUSINESS .......................23
21
BASIC WORK WEEK......................24
22
OVERTIME PAY.........................25
23
CALL-BACK PAY .................... .... 26
24
SENIORITY ............................27
25
PROMOTIONAL EXAMINATIONS.............28
& 29
26
PROMOTIONAL PROBATION.- ..............30
27
PERSONNEL REDUCTION..................31
28
PROBATIONARY PERIOD/EMPLOYEES
(NEW HIRE)...........................32
29
DRILL TIME ...........................33
30
FIRE WATCH SERVICE. ... 34
31
MAINTENANCE DAY......................35
32
JOB DUTIES. .... 36
33
EMPLOYEE RIGHTS......................37
34
RULES AND REGULATIONS.- .... 38
35
CIVIL SUITS ..........................39
36
BULLETIN BOARDS. .....................40
37
TRANSFER AGREEMENT...................41
38
WORK STOPPAGES .......................42
39
PROHIBITION AGAINST REOPENING
OF NEGOTIATIONS. 9 ... 43
40
NON-DISCRIMINATION ...................44
41
SERVICES TO THE UNION.- ..............4
42
SEVERABILITY CLAUSE..................46
43
TERM OF AGREEMENT....................47
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ARTICLE 3
MANAGEMENT RIGHTS
3.1 The City of Tamarac shall be entitled to all rights provided for
in Section 447.209 F.S.A. including any and all administrative and judicial
i pretations of said Statutes.
J
Page 3
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 and all other employees of the City.
Page 2
ARTICLE 4
GRIEVANCE PROCEDURE
PAGE 2 OF 2
deadline date for completion of Step 1. The Fire Chief shall, within five
(5) administrative working days after presentation of the grievance (or
such longer period of time as is mutually agreed upon), render his/her de-
,cision in writing with a copy to the Union.
Step 3. In the event the employee is not satisfied with the disposition
o he grievance in Step2► he/she shall have the right to appeal the
Fire Chief's decision to the City Manager or his/her designee within five
(5) administrative working days of the date of the issuance of the Fire
Chief's decision. Such appeal must be accompanied by the filing of a copy
of the original written grievance together with a letter signed by the em-
ployee, or at the employee's option, the Representative of the Union, re-
questing that the Fire Chief's decision be reversed. The City Manager or
his/her designee shall within ten (10) administrative working days of the
filing of the appeal (or some longer period of time as is mutually agreed upon)
render his/her decision in writing with a copy to the Union.
4.3 Where a grievance is general in nature in that it applies to a
,tuber of employees rather than a single employee or if the grievance is
rrectly 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 kt s 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 St_,,gR 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.
Page 5
ARTICLE 4
GRIEVANCE PROCEDURE
4.1 In a mutual effort to provide a harmonious working relationship
between the parties to this contract, it is agreed and understood there shall
be a procedure for the resolution of grievances involving the application or
interpretation of this Contract and grievances involving discharge, suspension
%.
demotion or terms and conditions of employment as per Florida State Statutes.
4.2 Every effort will be made by the parties to settle any grievance as
expeditiously as possible. Failure to observe the prescribed time limits by
either party shall amount to an abandonment of its position and resolution of
the grievance in favor of the other party. Any decision not appealed or any
grievance settled, other than one settled through binding arbitration shall not
constitute a procedure for the interpretation of this Contract nor shall it be
used as a basis for future decision.
Grievances shall be presented in the following manner and every effort
shall be made by the parties to secure the prompt disposition of such
grievance:
Step 1. All grievances by employees of the bargaining unit will be pro-$
cessed through a grievance board comprised of a President, Vice President,
Secretary and Treasurer to alleviate unnecessary grievances. A Union
official may accompany an employee 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 immediate supervisor 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 writing by the employee and shall
next be taken up with the Fire Chief. Such grievance shall be presented to
the Chief in writing within five (5) administrative working days of the
Page 4
ARTICLE 5
ARBITRATION
PAGE 2 OF 2
5.5 The decision of the arbitrator shall be final and binding.
5.6 Each party shall bear the expense of its own witnesses and of its
. The impartial arbitrator's fee and related expenses and
xepresentatives
e se of obtaining a hearing room► if any, shall be equally divided between
t parties. Any party
desiring a transcript of the hearing shall bear the
cost of such transcript unless both parties mutually agree to share the cost.
5.7 For the purposes of this Article, administrative working days shall
mean Monday through Friday.
[7
Page 7
ARTICLE 5
ARBITRATION
5.1 In the event a grievance processed through the Grievance Procedure
set forth in Article 4 has not been resolved, the grievant may submit the
grievance to arbitration within 15 administrative working days after the Ci
Manager or his/her designee renders a written decision on the grievance. fA
Arbitrator may be one impartial person mutually agreed upon by the parties. In
the event the parties are unable to agree upon said arbitrator within 10
administrative working days, the parties shall jointly request the Federal
Mediation and Conciliation Service or American Arbitration Association to
furnish a panel of seven (7) persons resident in Florida from which each party
shall have the option of alternatively striking names thus leaving the seventh
(7) which will give a neutral or impartial arbitrator.
5.2 The parties shall make their choice of the impartial arbitrator
within five 5 administrative working days after the receipt of the panel from
the Federal Mediation and Conciliation Service or the American Arbitration
Association.
5.3 The City and the employee (or the Union) shall attempt to mutually
agree in writing as to the statement of the grievance to be arbitrated prior to
the arbitration hearing and the arbitrator; thereafter, shall confine his
decision to the particular grievance thus specified. In the event the parties
fail to agree upon the statement of the grievance to be submitted to the
arbitrator, the arbitrator will confine its consideration and determination to
the written statement of the grievance presented in Step_2 of the Grievance
Procedure.
5.4 The arbitrator shall have no authority to change, amend, add to,
subtract from or otherwise alter or supplement this contract or any part
thereof or amendment thereto. The arbitrator shall have no authority to rule
upon any matter which is stated in this contract not to be subject to
arbitration, nor shall this Collective Bargaining Agreement be construed by th
arbitrator to supersede applicable laws in existence at the time of signing of
this contract except to the extent as specifically provided herein.
Page 6
ARTICLE 6
CHECKOFF
PAGE 2 OF 2
AUTHORIZATION FOR DEDUCTION OF IAFF DUES wages, bi-
I hereby authorize the City of Tamarac to deduct from my
the current normal IAFF dues and to
mit this of Firefighters. the Treas-
weekly, revoke
urer of the Local 2600, International Assn
- I understand that this Authorizatio�ii is and that I may
at any time by giving the City notice
in ing-
Date
signature
E�
Payroll/Social Security Number
to the City to cease dues deduction must be submitted to the
A request
City on the following form:
F
I hereby instruct the City of Tamarac to stop deducting
from my wages
bi-weekly
the current normal dues for Local 2600, International Association o
Firefighters. I have notified Local 2600 of the revocation.
Signature
Payroll/Social Security Number
' I
Local 2600 verify that
his/her wages.
Signature
is
Date
Date
Page 9
of the IAFF
has notified the Union of
I
ARTICLE 6
CHECKOFF
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.
6.1 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 improper deduction of dues. The Union shall hold the City harmless
against any and all claims made and against any suits instituted -against the
City on account of this Article.
6.3 The Union shall notify the City of the amount of Union dues. Such
notification will be certified to the City in writing over the signature of
an authorized officer of the Union.
6.4 It shall be the responsibility of the Union to notify the Finance
Director, in writing, of any change in the amount of dues to be deducted
at least thirty (30) days in advance of said change. Under no circumstances
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 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:
Page 8
ARTICLE 8
SICK LEAVE
8.1 Sick leave time will be earned at the rate of 10.8 hours for each
month of service. 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.
8.2 An employee who is absent from work due to an illness or disability
may be required to submit a physician's statement of physical illness. when
deemed necessary, the Department Head may require proof of any illness.
8.3 An employee covered by this Contract may receive compensation for
rued sick leave in excess of 288 hours anytime during his/her employment
ththe City at the following rate:
ACC MULATED HOURS
288 hours - 564 hours
565 hours - 930 hours
Over G30 hours
$ OF BUY BACK
25%
50%
100%
8.4 At time of separation in good standing, an employee who has accumu-
lated more than 288 or more hours of sick leave shall be paid at the following
rate.
ACCUMULATED HOURS
288 hours - 564 hours
565 hours - 930 hours
Over 930 hours
$ OF BUY BACK
25%
50%
100%
8.5 Any employee of the Bargaining Unit that does not avail himself/her-
self of any accumulated sick leave during any fiscal year, shall accrue one (1)
additional twe-nty-four (24) hour tour of vacation time on the last day of that
fiscal year.
Page 11
ARTICLE 7
WAGES PAY SCALE
7.1 Effective October 1, 1985, all Firefighters will receive a one
(1%) percent increase, Driver Engineers will receive a two (2%) percent
increase; Lieutenants will receive a four (0) percent increase.
7.2 All IAFF employees will receive a four (0) percent increase on
April 1, 1985.
7.3 The Pay Scale Article (Article 27) and the Longevity Pay Article
(Article 28) of the 1982/1985 Agreement will not be in effect for the term of
the Contract.
Page 10
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11
ARTICLE 10
VACATION
10.1 Employees covered by this Contract shall accrue paid vacation time
as follows:
(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.
10.2 Vacation leave may be accumulated, but not in excess of 324 hours
10.3 Any employee who is separated from the service (resignation,
death, retirement or discharge) shall be compensated in cash for all accrued
and unused vacation time at his/her regular (straight time) rate of pay
at the
time of separation, provided he/she has been approved for benefits by the City
Manager.
10.4 Schedules for vacation shall be subject to the approval of the
Fire Chief and shall be based upon the needs of the Department.
Page 13
ARTICLE 9
TIME POOL BANK
9.1 Union notification to employer from employee of a long-term
illness/injury, the employee will be put on an eight (8) hour schedule through
a Change of Status.
9.2 Said employee will use one (1) month's time of his/her sick leave
or vacation, and then will become eligible to participate in the Firefighters
Time Pool, if the employee is a member of said Time Pool. The Time Pool will
provide a minimum of two (2) months time per member incident.
9.3 After the two (2) months, 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.
9.4 Time Pool will consist of any employee in the bargaining unit from
the Fire Department. Each employee will donate twenty (20) hours to initiate
the Time Pool. Time Pool will be administered by both the Union and
P.dninistration. The City will keep the documentation and accumulation of hour
in the Time Pool.
Page 12
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ARTICLE 11
HOLIDAYS
11.1 All employees covered by this Contract, in pay status when a
holiday occurs, shall receive, in addition to his/her regular pay, twelve (12)
hours pay at his/her straight time hourly for each of the following holidays:
New Year's Day
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day After Thanksgiving
Christmas Day
11.2 All employees covered by this Contract shall be allowed one (1)
twenty-four (24) tour of duty as personal leave.
11.3 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.
Page 14
ARTICLE 12
EDUCATIONAL INCENTIVE
12.1 The sum of One hundred seventy-five ($175.00) dollars will be
paid annually for Certificate of Compliance in a Fire Science Program (32
c -t hours). The Educational Incentive will be paid the first pay period in
De mber so long as an employee has been certified as such continuously for one
(1) year prior to the payment of said Incentive.
Page 15
ARTICLE 13
BEREAVEMENT LEAVE
13.1 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).
13.2 Immediate family shall be defined as spouse, children, mother,
father, sister, brother, grandmother, grandfather, father or mother-in-law,
grandchildren, son or daughter-in-law, brother or sister-in-law and, upon
proof, any person in the general family whose ties would normally be considered
immediate family and living within the same household.
13.3 The City reserves the right to require documentation supporting
approval of bereavement leave after the employee returns to work.
13.4 Applications may be made to the City Manager and/or his/her
designee through the Fire Chief for extension of bereavement leave. The
compensation for this additional leave will be paid from any accrued leave time
available (sick leave, personal leave, vacation leave).
Page 16
ARTICLE 14
EDUCATION
14.1 The City shall pay for approved job related courses if funds are
a fable, and in the opinion of the Fire Chief and City Manager or his/her
d gnee, 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.
14.2 The City shall pay for the total cost of the courses, including
registration fees, charge for semester hours and textbooks if the course
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, miscellaneous supplies, traveling expenses and cost of
transcripts. 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.
14.3 Further, the City will be obligated to pay no more than $38.00
credit hour for tuition and no more than $760.00 for any fiscal year for
any employee, including tuition, registration and books.
14.4 Any course which requires State Certification, shall not be
reimbursursable until state certification is awarded.
14.5 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 pay 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.
14.6 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 from the employee'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.
Page 17
ARTICLE 15
MEDICAL COVERAGE PROGRAM
15.1 The City shall pay 100% of the premium for the employee after
ninety (90) calendar days of employment.
15.2 If the employee desires dependent coverage, it will be subsidized
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 right to 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.
I3ealthAmerica, a Federally qualified health maintenance organization (HMO), is
the alternative provider. All benefits provided effective October 1, 1985
shall be maintained during this contract.
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Page 18
ARTICLE 16
ON-THE-JOB INJURY
16.1 Any employee who is disabled during the course of his/her tour of
duty with the City of Tamarac's Fire Department, which disability would compen-
sated under the Worker's Compensation Statutes, shall be paid his/her full
s �ry for the time which would have been worked within the equivalent of one
F fighters average work week, including the time lost on the day of the
injury. Thereafter, the City will supplement the employees' Workers' Compen-
sation, social security disability, or any benefits which he/she may be en-
titled so that the employee shall receive eighty-five percent (85%) of his/her
gross bi-weekly base pay until such time as the employee returns to work,
terminates or retires.
16.2 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-
kly base pay from the City.
16.3 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.
16.4 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 16.1 and 16.2. Light duty work
shall consist of 8 hour day shifts.
16.5 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 passible, blood shall be drawn at the nearest medical facil-
y and tested for the presence and level of toxicity of carbon monoxide, and
ny other toxic gases.
16.6 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.
Page 19
ARTICLE 17
LEAVES OF ABSENCE
17.1 Leaves of absence without pay for a period not to exceed forty-
five (45) days may be granted to an employee with permanent status for any
reasonable purpose by the City Manager or his/her designee. Such leaves
may be renewed or extended for any reasonable purpose not to exceed one (1)
year.
17.2 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.
17.3 Leaves of absence, with or without pay, may also be granted to em-
ployees 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 im-
prove or upgrade individual skill or professional ability.
17.4 Any employee who is a member of the National Guard or Military
Reserve Forces of the United States and who is ordered by the appropriate
authorities to attend a prescribed training program or to perform other duties,
shall be granted a leave of absence with pay as provided by Section 115.07
Florida Statutes.
17.5 Any employee who is on duly authorized paid leave of absence will
continue to maintain all benefits including seniority, and health benefits.
All job -related benefits will cease when an employee's leave of absence is in
excess of thirty (30) days. Any member may elect to continue hospital and/or
personal insurance plans by personally making future payments for this cover-
age.
17.6 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 at
the same rate as prior to the authorized leave.
Page 20
ARTICLE 18
TERMINATION OF BENEFITS
18.1 Vacation time, holiday time and overtime that has been performed
and is in an accumulated status, will be compensated by check upon termination
p vided at least two weeks written notice of termination has been provided
t he City or on the next payday at the option of the employee. If two weeks
written notice has not been provided to the City, the final payment shall be
processed with the next scheduled payroll. if an employee's last working day
is on a Saturday or Sunday, the employee shall receive his/her check on Monday.
18.2 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.
Page 21
ARTICLE 19
UNIFORMS
19.1 The City shall maintain in stock and supply as needed to each
member, at no cost to the member,
a. Dress Uniform consisting of:
Uniform shirts with Fire Department patches,
Uniform pants,
Black leather belt,
Navy blue T-shirts (employees may affix approved Union logo),
Black safety work shoes,
Badge,
Navy blue baseball style cap (employees may affix approved Union
logo),
Navy blue jumpsuit with Fire Department patch,
Navy blue winter jacket,
b. Turn -out gear:
Helmet OSHA -approved, 5A
Coat
Pants (jump)
Short boots
Suspenders
Gloves
Nomexhood
19.2 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 replace-
ment 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 approved black safety boots, in which case
he/she shall receive a credit from the City equal to the cost of the shoes.
Page 22
ARTICLE 20
UNION BUSINESS
20.1 Employees elected to Union office (President, Vice President,
Secretary, Treasurer) shall be granted time off to perform their Union
functions, including attendance at conventions, conferences and seminars.
The
U n shall inform the City, in writing, of the names and rank of its officers
an 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•
is available in the regular shift to properly
(b) Sufficient manpower
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.
ded in this Article for local Union officials
20.2 Time off as provi
shall not exceed a combined total of eight (8) twenty-four hour shifts being
192 hours total for the conduct of Union business in any one (1) fiscal year.
20.3 Any Union member designated by the President may attend Union
business after agreement in writing by the Fire Chief.
20.4 Time spent on authorized union business will not be counted as
hours worked for computation of overtime.
Page 23
ARTICLE 21
BASIC WORK WEEK
21.1 The normal work week for the contract year 1985/1986 shall be an
average of fifty (50) hours. Nothing herein shall guarantee any employee
payment for the above mentioned fifty (50) hour work week unless the employee
actually works fifty (50) hours of his/her actual hours worked and his/her
authorized compensated leave totals fifty (50) hours. For the purpose of this
Contract, authorized compensated leave shall mean leave compensated under the
terms of this Contract or under City policy.
21.2 It is the intention of the parties to this Contract that the
members of the Bargaining Unit will work a twenty-four (24) hour shift with
forty-eight (48) hours off. Further, it is the intention of the parties that
these twenty-four (24) hour shifts will 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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Page 24
ARTICLE 22
OVERTIME PAX
The City and the Union agree to the following:
22.1 In the event that the need for overtime should occur in the Fire
Department because of vacations, sickness, or other unforeseen conditions,
o ime shall be paid at the rate of one -and -a -half (1-1/2) times the basic
ra of pay for time in excess of an average Firefighter's work week.
22.2. 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 bottom of the 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.
22.3 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 will be posted on the bulletin
boards of each station. The list may be reviewed at the request of either
Irty.
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Page 25
ARTICLE 23
CALL-BACK PAY
23.1 All Fire Department employees covered by the terms of this
Agreement who are called back to work from off duty, for any reason, shall be -
paid at least three (3) hours call-back pay at time -and -one-half the employee
rate of pay.
23.2 The officer in charge shall be the only authorized agent to
terminate the call-back.
Page 26
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ARTICLE 24
SENIORITY
24.1 Each employee shall have seniority standing in the Fire
Department equal to the employee's total length of continuous service with the
City of Tamarac Fire Department.
24.2 Seniority as defined above shall be used in the pick of vacations
a for the overtime list.
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Page 27
ARTICLE 25
PROMOTIONAL EXAMINATIONS
25.1 Promotional examinations shall be administered by the Personnel
Director or his/her designated representative for classifications included in
the bargaining unit once every two (2) years or in the event such a promotional
list is depleted prior to the expiration of a two-year period, within 90 cal-
endar days following such depletion.
25.2 Eligibility lists shall coincide with the beginning of a fiscal
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 30, 1986.
25.3 Tests for all positions shall be administered within the proper
time limits to enable the new list to be certified as of the expiration date of
the list being replaced.
25.4 The closing date of applications or promotional exams shall not
be less than thirty (30) days from the date of initial announcement of exami-
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 shall be available in the Fire Station library.
25.5 Promotional examinations for classifications included in the
bargaining unit shall consist of two parts: #1-written test = 70%, #2-oral
interview - $30%.
25.6 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.
25.7 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 will be
counselled by management.
25.8 Provisional appointments may be made to vacancies where no list
is available for a period not to exceed 180 days, with approval of the City
Manager.
Page 28
ARTICLE 25
PROMOTIONAL EXAMINATIONS
PAGE 2 OF 2
25.9 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 "B"r three (3)
credit hours in Fire Science, specifically Apparatus and
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
point average of the written and oral examinations.
B. Fire Lieutenant:
1. Four (4) years from date of employment as a Firefighter.
2. Must be or have been (within the last two (2) calendar
years) on an eligibility 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 Apparatus and
Procedures, Administration I or II and Tactics and Strategy
I or IIr at an accredited institution, within two (2) years of
promotion to Fire Lieutenant or be returned to the position
from which promoted.
4. Any employee who has completed the nine (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.
25.10 Veterans Preference points shall be added to the passing grade of
lkligible employees in accordance with Florida Statutes. Veteran's Preference
may only be used for one (1) promotional examination.
Page 29
ARTICLE 26
PROMOTIONAL PROBATION
26.1 An employee receiving a promotion from a lower to a higher
Dosition shall be placed on a six (6) month probation period at the time of
Dromotion. 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.
26.2 In the event the City fails to make a positive recommendation, the
employee shall automatically revert to the lower position from which he/she
came.
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Page 30
ARTICLE 27
PERSONNEL REDUCTION
27.1 In the event of personnel reduction, employees shall be laid off
in the inverse order of their seniority in their classification, provided,
.h ver, that where two (2) or more employees have seniority standing within
y (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 class-
ification shall be given an opportunity to revert to the next lower classifi-
cation, provided that he/she is fully qualified to perform the work in that
lower classification.
27.2 Employees shall be recalled from layoff in accordance with their
seniority in the classification from which they were laid off. No new em-
ployee shall be hired in any classification until all employees on layoff status in that classification have had an opportunity to return to work, pro-
vided, however, that in the discretion of the Fire Chief, such employees are
tcall.
sically and mentally capable of performing the work available at the time of
No laid off employees shall retain recall rights beyond twelve (12)
months from date of layoff.
27.3 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.
Page 31
ARTICLE 28
PROBATIONARY PERIOD EMPLOYEES NEW HIRE
28.1 The probationary period for all new employees shall be one year
from the date of employment as a Firefighter. An employee shall be formally
reviewed once after three months, six months and nine months from date of hire
These reviews shall in no way affect the employee's salary, but rather shall
a means of notifying the employee, supervisor and City Manager of the
employee's progress.
28.2 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.
28.3 There shall be no extension of the Probationary Period.
28.4 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.
28.5 Notwithstanding any provision of this Agreement, job benefits for
probationary employees in the area of leave shall be consistent with the leav
provisions in this Agreement.
Page 32
ARTICLE 29
DRILL TIME
29.1 In recognition of the fact that ongoing training is necessary to
'ntain job competence, this Department will institute a M.B.O. (management by
3ective) Program based upon our current performance standards, with the
following drill schedule to be placed into effect:
Monday, Tuesday
0900-1200
- Station I
units only
Wednesday
0900-1200
- Scheduled
multi -unit (Stations I & 2)
Thursday, Friday
0900-1200
- Station 2
units only
Drill will conclude when drill objective is met to the satisfaction
of the training officer or his designee, or at 1200, whichever is first.
E;
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Rage 33
ARTICLE 30
FIRE WATCH SERVICE
30.1 A Fire Watch Overtime List based on seniority will be
established.
30.2 In the event a fire watch is needed, off -duty permanent person
are to be called in for overtime from the Fire Watch Overtime List. Personnel
accepting or declining overtime for emergency fire watch shall not lose their
place on the regular overtime list.
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Page 34
ARTICLE 31
MAINTENANCE DAY
31.1 The Fire Department work day for all routine activities, i.e. -
Ivehicle maintenance, station maintenance and all other routine activities -
sh t begin at 0800 and end at 1700. The hours from 1700 to 0800 the next day
s be considered stand-by time.
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31.2 House watch shall continue until 2200 hours.
Page 35
ARTICLE 32
JOB DUTIES
32.1 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 i
re
the nature of the work or do not fall within the skills and other factors
common to the classification.
32.2 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. The decision of the Personnel Director shall be final.
32.3 Personnel covered by this contract shall not be required to
perform lawn maintenance.
Page 36
P�
ARTICLE 33
EMPLOYEE RIGHTS
33.1 The employees within the bargaining unit shall have all of the
rights provided for in Section 447.301 F.S.A. including any and all
a nistrative and judicial interpretations of said Statutes including the
right to join and participate in an employee organization, to negotiate
collectively, to be represented in the determination of grievances, and engage
in activities not prohibited by law.
r�
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Page 37
ARTICLE 34
RULES AND REGULATIONS
34.1 The Union agrees that its members shall comply with all Fire
Department Rules and Regulations, including those relating to conduct and work Is
performance.
34.2 Such Rules and Regulations shall form a part of this agreement as
they may be amended from time to time. No amendment shall be effective until
there has been consultation with the President of the bargaining unit or
his/her designee.
34.3 At each station there shall be maintained two (2) current copies
of the Rules and Regulations. These shall be up -dated on,a quarterly basis.
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Page 38
ARTICLE 35
CIVIL SUITS
35.1 The City agrees to defend and hold harmless, any member covered
by this Agreement, and automatically undertakes the defense of any member
e loyee against civil damage suits arising from performance of duties while
in the employee's scope of employment and will file proper and appropriate
countersuits.
page 39
ARTICLE 36
BULLETIN BOARDS
36.1 The City shall furnish one (1) bulletin board per station for the
exclusive use of Local 2600, 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 desig-
nation of the person responsible for placing such item or notice on the bul-
letin board.
Page 40
ARTICLE 37
TRANSFER AGREEMENT
37.1 The City agrees that in the event of a transfer of the Fire
D tment 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.
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Page 41
ARTICLE 38
WORK STOPPAGES
38.1 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.
38.2 It is recognized by the parties that the activities enumerated in
Paragraph __I_, 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.
Page 42
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it
ARTICLE 39
PROHIBITION AGAINST REOPENING OF NEGOTIATIONS
39.1 This Agreement contains the entire agreement of the parties on
a atters relative to wages, hours, working conditions, and all other matters
W h have been or could have been negotiated by and between the parties
prior to the execution of this Agreement.
39.2 Any provision of this Agreement may be reopened during the term
of this Agreement only upon the mutual consent of both parties.
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Page 43
ARTICLE 40
NON-DISCRIMINATION
40.1 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 Agree-
ment because of race, sex, national origin, religion or handicap.
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Page 44
ARTICLE 41
SERVICES TO THE UNION
41.1 Upon request, the City shall provide two (2) bound copies of this
Agreement to each Fire Station.
41.2 Upon request, the City agrees to provide one (1) copy each to.the
jan, without charge: 1) proposed budget, 2) final budget, 3) year-end
ncial statement.
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Page 45
ARTICLE 42
SEV$RABILITY CLAUSE
42.1 Should any provision of this collective bargaining agreement, or
any part thereof, be rendered or declared invalid by reason of any existing or
subsequently enacted legislation, or by any decree of a court of competent
jurisdiction, all other articles and sections of this Agreement shall remain
in full force and effect for the duration of this Agreement. The parties
agree to immediately meet and confer concerning any invalidated provision(s).
42.2 In the event that the Fair Labor Standards Act of 1938, as
amended, is: (1) alteredr amended, revised or rescinded by Congress; or (2)
clarified with respect 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 other court of competent jurisdiction to be, in whole or in part,
inapplicable to any bargaining unit employee who is not currently exempt from
that Actr the parties agree to meet and confer in order to immediately re-
negotiate the Article(s) specifically affected by this contract.
page 46
ARTICLE 43
TERM OF AGREEMENT
43.1 This Agreement shall be effective this 1st day of October, 1985►
and shall remain in full force and effect until and including September
30, 1986.
DATED this�Lday of ,1986.
ATTEST:
3-ff MANAGER
ATTEST:
V �twm
�i-•
APPROVED ;CITY
S TO GAL SUFFICIENCY
ATTORNEY
Page 47
CITY OF TAMARAC
YOR
This day of_ ►1986
By
-CnY- M NAGER
This�day of�►1986
LOCAL 2600, INTERNATIONAL
ASSOCIATION OF FIREFIGHTERS