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HomeMy WebLinkAboutCity of Tamarac Resolution R-82-2021 2 3' 41I 5 9 10 11 12 13 14 15 16 17 18 �0 21 22 23 24 25 26 27 28 29 30 . 33 34 35 36 Introduced by 41ATemp. Reso. #2372 -l� CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-82- o2oo2 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. 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 agree- ment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That that certain Agreement by and between the City of Tamarac and the International Association of Firefighters, Local 2600, for the period from October 1, 1982 to September 30, 1985, is hereby approved. A copy of the 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 agreement on be- half of the City of Tamarac. SECTION 3: This Resolution shall become effective immediatel, upon its final passage. PASSED, ADOPTED AND APPROVED this 0201 day of ,1982 OR ATTEST: ASSISTANT CITY CLERK MAYOR: I HEREBY CERTIFY that I DISTRICT have approved the form and DISTRICT correctness of thi� RESOLUTION. DISTRICT DISTRICT RECORD OF COUNCIL VOTE AGREEMENT Between THE CITY OF TAMARAC And THE PROFESSIONAL FIREFIGHTERS OF TAMARAC LOCAL 2600 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS 1 1 1 ARTICLE 1 AGREEMENT This Agreement is entered into by Tamarac, Florida, hereinafter referred to as the "City" and Local 2600 of the International Association of Firefighters hereinafter referred to as the "Union". It is the purpose of this Agreement to promote harmonious relations between the City and its employees and to establish an orderly and peaceful procedure in the settlement of differences which might arise and to provide for joint collective bargaining in the determination of wages, hours and other conditions of employment of employees covered by this Agreement. 1. TABLE OF CONTENTS PAGE ARTICLE 1 AGREEMENT ..................................... 1 ARTICLE 2 RECOGNITION ................................... 2 ARTICLE 3 MANAGEMENT RIGHTS ............................. 3,4 ARTICLE 4 NON-DISCRIMINATION ............................ 5 ARTICLE 5 WORK STOPPAGES ................................ 6 ARTICLE 6 CHECKOFF ...................................... 7,8,9 ARTICLE 7 PROBATIONARY EMPLOYEES ........................ 10 ARTICLE 8 RULES AND REGULATIONS ......................... 11 ARTICLE 9 BULLETIN BOARDS ............................... 12 ARTICLE 10 GRIEVANCE PROCEDURE ........................... 13,14 ARTICLE 11 ARBITRATION ................................... 15,16 ARTICLE 12 SENIORITY ..................................... 17,18 ARTICLE 13 PROMOTIONAL EXAMINATIONS ...................... 19,20 ARTICLE 14 ON THE JOB INJURY ............0................ 21,22 ARTICLE 15 SICK LEAVE .................................... 23 ARTICLE 16 VACATION ...................................... 24 ARTICLE 17 HOLIDAY ....................................... 25 ARTICLE 18 BEREAVEMENT LEAVE ............................. 26 ARTICLE 19 LEAVES OF ABSENCE ............................. 27 ARTICLE 20 UNION BUSINESS ................................ 28 ARTICLE 21 OVERTIME PAY .................................. 29 ARTICLE 22 CALL BACK PAY ................................. 30 ARTICLE 23 UNIFORM ALLOWANCE ............................. 31 .ARTICLE 24 EDUCATION ..................................... 32 ARTICLE 25 EDUCATIONAL INCENTIVE ......................... 33 ARTICLE 26 MEDICAL COVERAGE PROGRAM ...................... 34 ARTICLE 27 PAY SCALE ..................................... 35 ARTICLE 28 LONGEVITY PAY ................................. 36 ARTICLE 29 CIVIL SUITS ................................... 37 ARTICLE 30 BASIC WORK WEEK AND WORKING CONDITIONS ........ 38 ARTICLE 31 SPECIAL DETAILS ............................... 39 ARTICLE 32 PREVAILING RIGHTS ............................. 40 TABLE OF CONTENTS PAGE ARTICLE 33 TERMINATION OF BENEFITS ....................... 41 ARTICLE 34 SAVINGS CLAUSE ................................ 42 ARTICLE 35 PROHIBITION AGAINST REOPENING OF NEGOTIATIONS.. 43 ARTICLE 36 TERM OF AGREEMENT ............................. 44 1 1 1 ARTICLE 1 AGREEMENT This Agreement is entered into by Tamarac, Florida, hereinafter referred to as the "City" and Local 2600 of the International Associacion of Firefighters hereinafter referred to as the "Union". It is the purpose of this Agreement to promote harmonious relations between the City and its employees and to establish an orderly and peaceful procedure in the settlement of differences which might arise and to provide for joint collective bargaining in the determination of wages, hours and other conditions of employment of employees covered by this Agreement. 1. l 1 ARTICLE 2 RECOGNITION The City hereby recognizes the Union as the exclusive bargaining representative for all employees in the following appropriate unit: INCLUDED: All full-time Fire Fighters, Driver -Engineers. Fire Lieutenants. EXCLUDED: Fire Chief, Assistant Fire Chief, Fire Captains, Fire Inspector and all other employees of the City. 2. ARTICLE 3 MANAGEMENT RIGHTS Except as otherwise provided for in this Agreement, the Union recognizes the right of the City to operate, manage and direct all affairs of the Fire Department and the City including the exclusive right: A. To manage and direct all employees of the City and the Fire Department. B. To hire, re -hire, promote, transfer, schedule, assign and retain employees in positions with the City. C. To suspend, demote, discharge, lay off or take other disciplinary action against employees for just cause. D. To maintain the efficiency of the operations of the City and the Fire Department. E. To determine the structure and organization of City government including the right to supervise, sub -contract, expand, consolidate or merge any department and to alter, combine or reduce any division thereof. F. To determine the number of all employees who shall be employed by the City, the job make-up, activities, assignments and the number of hours and shifts to be worked per week including starting and quitting time of all employees. G. To determine the number, types and grades of positions or employees assigned to an organizational unit, department or project, and the right to alter, combine, reduce, expand or cease any position. H. To determine internal security practices. It is understood by the parties that every incidental duty connected with operations enumerated in job descriptions is not always specifically described and employees, at the discretion of the City, may be required to perform duties not within their job description, but within the realm of related duties. The City shall formulate all department policies and procedures including rules and regulations which will serve as a guide for the conduct, 3. L 1 responsibilities and duties of all employees covered by this Agreement. The use, location, operation and personnel policies including care and maintenance of any equipment or property of the City used by the Fire Department shall be subject to the exclusive direction and control by the City. Any right, privilege, benefit or function of the City and the Union members not specifically released or modified by this Agreement shall remain in full force and effect. Should the City or the Union fail to exercise their rights from time to time, this shall not be construed or deemed a waiver of the City's or the Union's preogative to exercise any or all rights or functions listed in this Agreement. 4. ARTICLE 4 NON-DISCRIMINATION No employee covered by this Agreement will be discriminated against by the City and/or the Union with respect to any job benefits or other conditions of employment accruing from this Agreement because of Union membership or non - Union membership. Further, no employee covered by this Agreement will be discriminated against by either party to this Agreement because of race, sex, national origin or religion. 1 5. ARTICLE 5 WORK STOPPAGES The Union agrees that its members will not engage in strikes, slow downs, boycotts, stoppage or work, refusal of assignments, or any -interference with efficient management and operation of the Fire Department and the City. It is recognized by: the parties that the activities enumerated in paragraph 1, above, 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. I 6. ARTICLE 6 CHECKOFF 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 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. 2. The City shall have neither responsibility nor liability for any monies once sent to the Employee Organization, nor shall the City have any responsibility for the improper deduction of dues. The employee Organization shall hold the City harmless for any and all errors in the administration of the dues deduction system. Further, the Employee Organization will hold the City harmless against any and all claims made and against any suits instituted against the City on account of this Article. 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. 4. It shall be the responsibility of the Employee Organization 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, penalties or assessments from the wages of any member. 5. Any member of the Employee Organization may, on thirty (30) days' notice to the City and the Employee Organization, 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. The Employee Organization agrees to pay the City the following sums to be deducted by the City in its check off transmittal of Employee 7. Organization dues to the Employee Organization as provided for below: (a) New employee "tie in" to the payroll deduction plan --- $2.50 per empl oyee; (b) Revocation of dues deduction authorization --- $2.50 per employee; and (c) Dues alteration --- $2.50 per employee. A request for dues deduction must be submitted to the City on the following form: AUTHORIZATION FOR DEDUCTION OF IAFF DUES I hereby authorize the City of Tamarac to deduct from my wages, bi - weekly, the current normal IAFF dues and to transmit this amount to the Treasurer of the Local 2600, International Association of Fire Fighters. I understand that this authorization is voluntary and that I may revoke at any time by giving the City notice in writing. Date Signed Payro]17Social Security Number A request to the City to cease dues deductions must be submitted to the City on the following form: INSTRUCTIONS TO STOP PAYROLL DEDUCTION OF IAFF DUES I hereby instruct the City of Tamarac to stop deducting from my wages bi-weekly the current normal dues for Local 2600, International Association of Fire Fighters. I have notified Local 2600 of the revocation. Date Signed ayro oci a ecuri ty Number VERIFICATION OF NOTICE TO UNION REGARDING DUES DEDUCTIONS I ( )� ( ) of the IAFF Local 2600 verify that as notified the Union of his/her intention to cease deducting ues rom is/her wages. Date Signed a ARTICLE 7 PROBATIONARY EMPLOYEES Parties agree that the Probationary Period shall be one year from the date of employment as Firefighters. An employee shall be formally reviewed once after three months, six months and then again after nine months from date of hire. These reviews shall in no way affect the employee's salary, but rather shall be a means of notifying the employee, supervisor : and City Manager of the employee's progress. Three, six and nine month reviews reflecting less than satisfactory progress may be one cause for immedi.ate.termination of employment. 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 with no right of appeal of any type under any of the terms of this Agreement. Upon the conclusion of the Probationary Period if the Fire Chief and City Manager recommend continuance of employment, the employee shall be given regular status and shall be entitled to a one step increase. There shall be no extension of the Probationary Period. Any employee on probation on October 1, 1982 shall continue on probation for the time periods set forth in City Regulations prior to that date. Notwithstanding any provision of the Agreement, job benefits for employees in the areas of leave shall continue as the same in existence prior to October 1, 1982. A permanent employee shall be placed on a six month probationary period at the time of promotion. The supervisor shall review the employee after the six months and make his/her recommendations to the City Manager for consideration of permanent status in the classification. 10. 1 ARTICLE 8 RULES AND REGULATIONS The Union agrees that its members shall comply with all Fire Department rules and regulations, including those related to conduct and work performance. Such rules and regulations shall form a part of this Agreement as the same may be amended from time to time. Such rules and regulations shall be amended only after consultation with the Union President or his/her designee. All new and existing members will be issued a copy of the City of Tamarac's updated version of the rules and regulations that pertain to the Fire Department. Any changes in the rules and regulations shall be consistent with the Article pertaining to Management Rights. A current copy of the rules and regulations will be. available. 11. ARTICLE 9 BULLETIN BOARDS The City shall furnish one (1) bulletin board per Station for the exclusive use of Local 2600, International Association of Fire Fighters,for posting of bulletins, notices and other Association materials. Any notice or item placed on the bulletin board shall bear on its face the legible designation of the person responsible for placing such item or notice on the bulletin board. A copy of each notice to be posted shall be submitted to the Fire Chief or his/her designee prior to posting. Under no circumstances shall the Employee Organization tender for posting any notice containing material tending to, directly or indirectly, disparage any elected or, appointed official or employee of the City. 12. ARTICLE 10 GRIEVANCE PROCEDURE In a mutual effort to provide a harmonious working relationship between the parties to this Agreement, it is further agreed and understood by the parties that there shall be a procedure for the resolution of grievances involving the application or interpretation of this Agreement and grievances involving discharge, suspension, demotion or any other adverse personnel action against a member covered by this Agreement. 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 a 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 Agreement 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 grievances. Step 1. All grievances by members of the bargaining unit will be processed 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 procedure. The member shall first take up his/her grievance with his/her immediate supervisor within five (5) days of the occurrence of the event(s) which gave rise to the grievance. Such contact between the member 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 member and shall next be taken up with the Fire Chief. Such grievance shall be presented to the Chief in writing within five (5) days of the deadline date for completion of Step 1. The Fire Chief shall, within five (5) days after presentation of the grievance (or such longer period of time as is mutually agreed upon), render his/her decision on the grievance in writing with a copy to the Union. 13. Step 3. In the event a member is not satisfied with the disposition of the grievance in Step 2, he/she shall have the right to appeal the Fire Chief's decision to the City Manager or his/her designee within five (5) days of the date of the issuance of the Fire Chief's decision. 1 Such appeal must be accomplished by the filing of a copy of the original written grievance together with a letter signed by the member, or at the member's option, the Representative of the local Union, requesting that the Fire Chief's decision be ,reversed. The City Manager shall within ten (10) 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. When a grievance is general in nature in that it applies to a number of members rather than a single member or if the grievance is directly between the local Union and the Department or the City, such grievance shall be presented in writing directly to the Fire Chief within the time limits provided for submission of a grievance in Step 1. The grievance shall be signed by the aggrieved members or the Representative of the local Union. Thereafter, the grievance shall be processed in accordance with the procedures in Steps 2 and 3. The parties desire to give this Collective Bargaining Agreement 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 Agreement: In the event the grievance procedure is utilized to pursue a grievance over discharge, suspension or demotion, the arbitration procedure set forth in the Arbitration Article shall also apply if invoked. 14. ARTICLE 11 ARBITRATION In the event a grievance processed through the grievance procedure set forth in Article 10 has not been resolved, the grievant may submit the grievance to a Board of Arbitration within fifteen (15) days after the City Manager or his/her designee renders a written decision on the grievance. The Board of Arbitration shall be comprised of one (1) representative of the City, one (1) representative of the local Union and a third impartial person selected by the parties to the Agreement. In the event the parties are unable to agree upon said third (impartial) person within ten (10) days, the parties shall jointly request the Federal Mediation and Conciliation Service and/or American Arbitration Association to furnish a panel of seven (7) names from which each party shall have the option of alternately striking names thus leaving the seventh (7th) which will give a neutral or impartial arbitrator. The City and the member (or the local Union) shall mutually agree in writing as to the statement of the grievance to be arbitrated prior to the arbitration hearing and the Board of Arbitration, therefore, shall confine its 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 Board of Arbitration, the Board of Arbitration will confine its consideration and determination to the written statement of the grievance presented in Step 2, of the Grievance Procedure. The Board of arbitration shall have no authority to change, amend, add to, subtract from or otherwise alter or supplement this Agreement or any part thereof or amendment thereto. The Board of Arbitration shall have no authority to rule upon any matter which is stated in this Agreement not to be subject to arbitration or which is not a grievance as defined in this Agreement; nor shall this Collective Bargaining Agreement be construed by the Board of Arbitration to supercede applicable laws in existence at the time of signing of this Agreement, except to the extent as specifically provided herein. Each party shall bear the expense of its own witnesses and of its representatives. The impartial arbitrator's, fee and related expenses and 15. Cl expense of obtaining a hearing room, if any, shall be equally divided between the parties. Any party desiring a transcript of the hearing shall bear the cost of such transcript unless both parties mutually agree to share the cost. The parties shall make their choice of the impartial arbitrator within five (5) days after the receipt of the panel from the Federal Mediation and Conciliation Service and/or the American Arbitration Association. Copies of the Board of Arbitration's award made in accordance with the jurisdiction and authority under this Agreement shall be furnished to both parties within thirty (30) days of the closing of the Arbitration Hearing. The arbitrator's award shall be final and binding. The grievance and arbitration procedure herein shall have no application to the resolution of disputes between parties concerning the terms of a new collective bargaining agreement to replace this Agreement. 16. RnTf PI r 1Q SENIORITY Seniority shall consist of continuous accumulated paid service with the City. Seniority shall be computed from the date of hire, as recorded on the personnel action form. Wherever applicable, seniority in rank shall have preference. Seniority shall be utilized for the following purposes: (a) Vacations for each calendar year shall be drawn by employees on a basis of seniority preference; provided, however, that the City shall retain the right to disregard seniority preference in the event that it becomes necessary to do so in order to provide adequate coverage in any given vacation period. Nothing contained herein shall be interpreted as restricting the City's right to cancel all vacations during any given period in the event of disaster or emergency; (b) In the event of personnel reduction, employees shall be laid off in the inverse order of their seniority in their classification; provided, however, that where two (2) or more employees have seniority standing within sixty (60) days of each other, the City shall determine the order of layoff based on education and the last written peformance evaluation. If more than one (1) classification is affected, an employee laid off from a higher classification shall be given an opportunity to revert to the next lower classification, provided that he/she is fully qualified to perform the work in that lower classification. Employees shall be recalled from layoff in accordance with their seniority in the classification from which they were laid off. No new employee shall be hired in any classification until all employees on layoff status in that classification have had an opportunity to return to work; provided, however, that in the discretion of the Fire Chief, such employees are physically and mentally capable of performing the work available at the time of recall. No laid off employees shall retain recall rights beyond twelve (12) months from date of layoff. 17. I] 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. 18. ARTICLE 13 PROMOTIONAL EXAMINATIONS Promotional examinations shall be administered by the Personnel Director or his/her designated representative who shall administer such examinations for classifications included in the bargaining unit once every two years or in the event that such a promotional list is depleted prior to the expiration of a two year period, within 90 calendar days following such depletion. 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, 1982. 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. The closing date of applications for promotional exams shall not be less than thirty (30) days from the date of initial announcement of examination. All sources of information used for written examinations shall be published and made known to promotional candidates at the time of initial announcement. Promotional examinations for classifications included in the bargaining unit shall consist of two parts: #1 - written test, 50%, #2 - oral interview, 50%. Promotional candidates who achieve a grade of 65 or above on the written portion of this examination shall be eligible to take the oral examination. A grade of 65% or better is also required on the oral interview to be considered as a candidate on the eligibility list. 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 candidates. Anyone passed over for a promotion, will be counselled by management. 19. 1 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. ELIGIBILITY FOR POSITIONS WITHIN 1. Driver Engineer - A. One or more years as a firefighter with the City of Tamarac, after completion of the initial probationary period. (Two (2) years from date of employment as a firefighter). B. Must complete with a minimum grade average of "B", three credit hours in Fire Science, specifically Apparatus and Procedures at an accredited institution, within one (1) year of promotion to Driver Engineer or be returned to the position from which promoted. C. Any employee who has completed the three credit hours at the time of the testing procedure for Driver Engineer, will receive three points to be added on to the final grade point average of the written and oral examinations. 2. Fire Lieutenant - A. Two or more continuous years as a permanent firefighter with the City of Tamarac. (Three years from data of em to met firefighter). B. Must be or have been (within the last two calendar years) on an eligibility list for the class of Driver Engineer. C. Must complete with a minimum grade average of "B", nine credit hours in Fire Science, specifically Apparatus and Procedures, Administration I or II and Tactics and Stragegy I or II, at an accredited institution, within one year of promotion to Fire Lieutenant or be returned to the position from which promoted. D. Any employee who has completed the nine credit hours at the time of the testing procedure for Fire Lieutenant, will receive five points to be added on to the final grade point average of the written and oral examinations. VETERANS PREFERENCE Veterans Preference points shall be added to the passing grade of eligible employees in accordance with Florida Statutes. 20. ARTICLE 14 ON THE JOB INJURY Any employee who is disabled during the course of his/her tour of duty wi th the City of Tamarac's Fire Department, which disability would be compensated under the Workers' Compensation Statutes, shall be paid his/her full salary for the time which would have been worked within the equivalent of one firefighters average work week, including the time lost on the day of the injury. Thereafter, the City will supplement the employees' Workers' Compensation, social security disability, or any benefits to which he/she may be entitled so that the employee shall receive eighty-five (85%) of his/her gross bi-weekly base pay until such time as the employee returns to work, terminates or retires. The employee shall be required to return to the City any benefits he/she may have received from the City which exceed the above specified benefits, and such return may be accomplished through payroll deductions if necessary. It is intended by the parties that no employee seeking benefits under this section shall ever receive more than one hundred percent (100%) of his/her bi-weekly base pay from the City. When so directed by the City, any employee on disability leave shall present himself/herself for an examination at any reasonable time to any physician designated by the City. The City will bear the full expense of said examination. The failure of any such employee to present himself/herself for an examination as directed will operate to automatically terminate his/her disability leave. 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. Whenever an employee on disability leave becomes physically able to perform some useful light duty work for the City, he/she may be required to do so as a condition to receiving the benefits specified in paragraphs 1 and 2, above. 21. 9 0 If a member of this department is injured or collapses during a fire, that member shall have blood drawn by a County Paramedic on the scene, if possible. If not possible, blood shall be drawn at the nearest medical facility for the presence and level of toxicity of carbon monoxide, and any other toxic gases. The City shall recognize Florida Statutes §112.18, 175.231 and the Florida Workers' Compensation Statute, as the same may be amended from time to time, pertaining to firefighter disability. 22. ARTICLE 15 SICK LEAVE 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. An employee who is absent from work due to an illness or disability may be required to submit a physician's statement of physical condition. When deemed necessary, the Department Head may require proof of any illness. An employee covered by this Agreement may receive compensation for accrued sick leave in excess of 288 hours anytime during his/her employment with the City at the following rate: ACCUMULATED HOURS % OF BUY BACK 288 hours - 564 hours 25% 565 hours - 930 hours 50% Over 930 hours 100% At time of separation in good standing, an employee who has accumulated 288 or more hours of sick leave shall be paid at the following rate. ACCUMULATED HOURS % OF BUY BACK 288 hours - 564 hours 25% 565 hours - 930 hours 50% Over 930 hours 100% Any member of the bargaining unit that does not avail himself/herself of any accumulated sick leave during any fiscal year, shall accrue one (1) additional twenty-four (24) hour tour of vacation leave on the last day of that fiscal year. 23. 1 ARTICLE 16 VACATION Employees covered by this Agreement shall accrue paid vacation time as follows: (a) 0-5 years' employment: 10.8 hours for each completed month of service. (b) 6-10 years' employment: 14 hours for each completed month of service. (c) After 10 years' employment: 16 hours for each completed month of service. The above vacation accrual schedule is not intended to have a retroactive effect and accordingly, any increase in vacation time accrued shall begin as of the effective date of this Agreement. Vacation time may accumulate, but not in excess of 324 hours. 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 that the employee has been approved for benefits by the City Manager. Schedules for vacation shall be subject to the approval of the Fire Chief and shall be based upon the needs of the department. 24. I ARTICLE 17 HOLIDAY All employees covered by this Agreement, 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 Years Day Presidents Day Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Day After Thanksgiving Christmas Day All employees covered by this Agreement shall be allowed one twenty- four (24) hour tour of duty as personal leave. All accrued holiday pay as of December 1st of each year will be paid in one lump sum on the first pay period in December. 25. N ARTICLE 18 BEREAVEMENT LEAVE In the event of a death in the immediate family of an employee, the employee shall be granted up to one twenty-four hour shift off with pay. If the death occurs during the employee's work shift, that shift on which the death occurs shall not be counted. An additional twenty-four hour shift will be granted for out of state funerals. The compensation for this additional twenty-four shift will be paid from a Kelly Day or any accrued leave time available (sick leave, personal leave, vacation leave, compensatory time). 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. The City reserves the right to require documentation supporting approval of bereavement leave after the employee returns to work. Applications may be made to the City Manager and/or 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, compensatory time). 26. ARTICLE 19 LEAVES OF ABSENCE Leaves of absence without pay for a period not to exceed thirty (30) days may be granted to an employee member with permanent status for any reasonable purpose by the City Manager and/or his/her designee. Such leaves may be renewed or extended for any reasonable purpose not to exceed ninety (90) days. Any member may, upon request, be granted a leave of absence without pay by the City Manager and/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 Officer. Leaves of absence, with or without pay, may also be granted to officers by the City Manager and/or his/her designee if it is determined that -it is for educational purposes to attend conferences, seminars, briefing sessions or other job -related activities of a similar nature which are intended to improve or upgrade individual skill or professional ability. 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. The employee shall receive pay for the number of working days occurring in the authorized period, according to his/her work schedule, less any service pay received. Any permanent member who is drafted, or who enters active duty in the Armed Forces Reserve or National Guard shall be granted military leave for the period of military commitment without pay. Any member 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 for any officer member who is on authorized unpaid leave of absence. Any member may elect to continue hospital and/or personal insurance plans by personally making future payments for this coverage. Seniority or vacation and sick leave credits will be re -installed when the amount of active service upon return from an authorized leave is equal to the amount of time lost. 27. ARTICLE 20 UNION BUSINESS Employees selected 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 Union shall inform the City, in writing, of the names and rank of its officers and of its negotiating team within five (5) days after their appointment/election. Further, up to a maximum of two (2) members of the negotiating team may be permitted time off. Time off for Union business is subject to each of the following conditions: (a) A written request is submitted to Department Management at least forty-eight (48) hours prior to the time off period. (b) Sufficient manpower is available in the regular shift to properly man the Department during the absence of the local Union official. (c) A written request shall not be required for meetings mutually agreed upon between the City and the Union. (d) Employees shall have the right to exchange shifts when the change does not interfere with the operation of the Fire Department. 2. Time off as provided in this Article for local Union officials shall not exceed a combined total of seven (7) twenty-four hour shifts being 168 hours total for the conduct of Union business in any one (1) fiscal year. 3. Any Union member designated by the President may attend Union business after agreement in writing by the Fire Chief. 28. I ARTICLE 21 OVERTIME PAY The City and the Union agree to the following: In the event that the need for overtime should occur in the Fire Department because of vacations, sickness or other unforeseen conditions, overtime shall be paid at the rate of one and a half (1 1/2) times the basic rate of pay for time in excess of an average Firefighter's work week. Overtime shall be based on seniority on a rank for rank basis. If a member is requested for overtime and it is denied, that member 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 individual cannot be contacted, he/she will not lose his/her position on the overtime list. This list will be prepared within thirty (30) days of the execution of this Agreement by the Fire Chief and/or his designee and the Union president and/or his designee. The list will be posted on the bulletin boards of each station. The list may be revised at the request of either party. 29. M ARTICLE 22 CALL BACK PAY All Fire Departmnt employees covered by the terms of this Agreement who are called back to work from off duty, for training or other reasons, shall be paid at least three (3) hours minimum at one and one'half times the basic rate of pay based upon the basic average Firefighter's work week. 30. ARTICLE 23 UNIFORM ALLOWANCE Each member of the bargaining unit shall receive a clothing allowance of $150.00 annually, paid quarterly, to employees having at least one year of service with the Tamarac Fire Department. Employees with less than one year of service shall receive a pro rated amount. The City will issue to all firefighters upon completion of the probationary period the following clothing and equipment: 1. Dress Uniform. A. Four pair of pants. B. Four dress shirts. C. Four collared tee shirts with Tamarac Fire Rescue lettering. 2. Turn Out Gear. A. One helmet. B. One Turn Out Coat. C. One pair of safety hip boots. The same type of equipment and quantity, if available, will be loaned to probationary firefighters. The foregoing clothing and equipment shall conform to National Fire Protection Association standards and Departmental standards. Any employee who shall receive any breakage or damage to his/her uniform or equipment in the line of duty, shall have it replaced at no cost to the employee. Damaged personal equipment required for job performance may be considered for replacement up to an amount of $100.00 after presenting report of breakage or damage to the Department. Personal equipment is defined as glasses, watches, gloves, knives, rescue or fire tools and wedding bands. All lost or misplaced equipment, clothing or uniforms will be replaced by the employee. 31. ARTICLE 24 EDUCATION The City shall pay for approved job related courses if funds are available, in the opinion of the Fire Chief and City Manager, and if 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 coverage will be acceptable. 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 in writing prior to registration. The City shall not pay for late registration charges, miscellaneous supplies and traveling expenses, or cost of transcripts. Further, the City will be obligated to pay no more than $38.00 per credit hour for tuition and no more than $760.00 for any fiscal year for any employee, which sum includes tuition, registration and books. 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 charge 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. If an employee voluntarily terminates prior to one (1) year of completion of the course(s), the City shall be reimbursed for all expenses. City shall deduct this amount from the employee's final pay check. 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. 32. ARTICLE 25 EDUCATIONAL INCENTIVE It is agreed by the City that an educational incentive will be given to members of the bargaining unit, as follows: A. For Certification as a County Fire Inspector, the sum of $150.00, annually, to be paid the first pay period in December so long as he/she has been certified as such continuously for one (1) year prior to the payment of said incentive. B. For State Certified EMT I, the sum of $125.00, annually, to be paid the first pay period in December so long as he/she has been certified as such continuously for one (1) year prior to the payment of said incentive. C. For Certificate of Compliance in a Fire Science program (32 credit hours), the sum of $175.00, annually, to be paid the first pay period in December so long as he/she has been certified as such continuously for one (1) year prior to the payment of said incentive. Any member of the Baraining Unit who had achieved any of the certifications provided for in A through C above by June 1, 1982 will be entitled to his/her educational incentive the first pay period in December, 1982. This provision is intended only to be effective with respect to the December, 1982, payment. 33. ARTICLE 26 MEDICAL COVERAGE PROGRAM The City shall provide group health insurance coverage after ninety (90) calendar days of employment for the member at no cost to the member. If the employee desires dependent coverage, the employee will pay said coverage at the following contribution rate: 1.: Effective 10/1/82 the employee will pay 50% of non City contributions not to exceed the maximum contribution made by any other bargaining unit. 2. Effective 10/1/83 the employee will pay 75% of non City contributions not to exceed the maximum contribution made by any other bargaining unit. 3. Effective 10/1/84 the employee will pay 100% of non City contributions not to exceed the maximum contribution made by any other bargaining unit. 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. 34. ARTICLE 27 PAY SCALE The City and the Union agree to the following annual pay scale, effective October 1, 1982, for the positions of Firefighter, Driver Engineer and Fire Lieutenant: STEP FIREFIGHTER DRIVER ENGINEER LIEUTENANT A 16,261.06 16,911.50 17,919.77 B 16,911.50 17,587.96 18,636.56 C 17,587.96 18,291.48 19,382.02 D 18,291.48 19,023.14 20,157.30 E 19,023.14 19,784.07 20,963.60 F 19,784.07 20,575.43 21,802.14 G 20,575.43 21,398.45 22,674.23 H 21,398.45 22,254.38 23,581.20 Effective October 1, 1983, an 8% across the board pay increase will be granted to each employee covered by this Agreement. Effective October 1, 1984, an 8% across the board pay increase will be granted to each employee covered by this Agreement. For purposes of this Agreement, the anniversary dates in effect as of September 30, 1982 will continue for the term of this contract. The anniversary date for all employees hired after October 1, 1982 shall be the date of hire. All step increases shall become effective on the pay period immediately following the anniversary date. It is the intention of the City and the Bargaining Unit to provide for the addition of three (3) Lieutenants during the term of this Agreement. That is, there will be six (6) Lieutenants who will be included in the Bargaining Unit. The parties agree that the appointment of the three (3) additional Lieutenants will be made no later than December 1, 1982. Should any Driver Engineer be appointed to Lieutenant, the vacant Driver Engineer position will be filled by promotion pursuant to the terms of this Agreement. 35. ARTICLE 28 LONGEVITY PAY All full-time employees who have completed one (1) year at Step H of their pay range shall receive a lump sum annual longevity payment to be paid on December 1st of each year in the amount of two (2%) percent of Step H annual salary. Annual salary as used herein shall mean the employee's base salary, excluding any benefit payment or extra compensation received. Except that, in the event such a regular full-time employee is or has been suspended or laid off or on an authorized leave of absence after having qualified for longevity pay, such employee shall receive a pro rata cash payment based on a computation of those months which the employee was actually present for duty during the year for which payment is to be made. 36. ARTICLE 29 CIVIL SUITS The City agrees to defend and hold harmless any member covered by this Agreement and automatically undertake the defense of any member employee against civil damage suits arising from performance of duties while within the employee's scope of employment and will file proper and appropriate countersuits. 37. t ARTICLE 30 BASIC WORK WEEK AND WORKING CONDITIONS The normal work week for the contract year 1982/1983 shall be an average of fifty-two (52) hours. The normal work week for the contract year 1983/1984 shall be an average of fifty-one (51) hours. The normal work week for the contract year 1984/1985 shall be an average of fifty (50) hours. Nothing herein shall guarantee any employee payment for the above mentioned fifty-two (52), fifty-one (51) or fifty (50) hour work week unless the employee actually works fifty-two (52), fifty-one (51) or fifty (50) hours or his/her actual hours worked and his/her authorized compensated leave total fifty-two (52), fifty-one (51) or fifty (50) hours. For the purpose of this Agreement, authorized compensated leave shall mean leave compensated under the terms of this Agreement or under City policy. It is the intention of the parties to this Agreement 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. 38. A . ARTICLE 31 SPECIAL DETAILS Special details that are required by Code shall be manned by County Certified Fire Inspectors within the Department. Appointment shall be from a list as provided for in the Overtime Article. 39. ARTICLE 32 PREVAILING RIGHTS All job benefits and terms and conditions of employment, as set forth in the sections of the City of Tamarac Personnel Manual dated July 22, 1981 listed as follows, shall remain in effect for those employees covered by this Agreement for the life of this Agreement: Sections 37 and 40. The following sections of the Personnel Manual are superseded and controlled by this Agreement and any changes made thereto by the City shall not affect those employees covered by this Agreement: Sections 4, 11, 12, 16, 18, 19, 25, 26, 27, 28, 30, 33, 359 38, 44 and 46. All other sections of the Personnel Manual may be amended by the City and the amendments shall be binding on the employees covered by this Agreement. The foregoing provisions of this section shall not be interpreted to prevent the Fire Department from formulating and enforcing its own rules, regulations and policies so long as such rules, regulations and policies do not alter the terms and conditions of this Agreement or detract from the benefit structure of the employees. I ARTICLE 33 TERMINATION OF BENEFITS Vacation time, holiday time and overtime that has been performed and is in an accumulated status will be compensated by check upon termination provided at least two weeks written notice of termination has been provided to the City or on the next payday at the option of the employee. If two weeks written notice has not been provided to the City, the final payment shall be processed with the next scheduled payroll. If an employee's last working day is on a Saturday or Sunday, the employee shall receive his/her check on Monday. 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, communications equipment, health insurance cards and City identification cards. 41. I ARTICLE 34 SAVINGS CLAUSE Should any provisions 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. 42. ARTICLE 35 PROHIBITION AGAINST REOPENING OF NEGOTIATIONS This Agreement contains the entire agreement of the parties on all matters relative to wages, hours, working conditions, and all other matters which have been or could have been negotiated by and between the parties prior to the execution of this Agreement. Any provision of this Agreement may be reopened during the term of this Agreement only upon the mutual consent of both parties. 43. ARTICLE 36 TERM OF AGREEMENT This Agreement shall be effective this 1st day of October, 1982, and shall remain in full force nd effect until and including September 30, 1985. DATED this,�d day of 1982. ATTEST: ATTEST: W2- X.. wt, 4 APPROVED AS TO LEGAU SUFFICIENCY 44. CITY OF TAMARAC This 3o day of 1982 LOCAL 2600, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS �//74r ij/7 ste'A Apy -0)(0.0