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HomeMy WebLinkAboutCity of Tamarac Resolution R-86-022w Introduced by Temp. Reso.#3964 CITY OF TAMARAC, FLORIDA 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 _ 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 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 rj 1 1 wf 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 `J 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 II j 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 !I 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. I [I 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. 1 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. �J 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 I 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. 1 1 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. II 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; I I 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. 11 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. 11 I 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� I 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. i 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. I i 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 I 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. 11 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. I 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. I .i 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