HomeMy WebLinkAboutR-2005-149 Firefighters Union Contract RESOLUTION NO. 2005-149
• A RESOLUTION OF THE CITY OF DANIA BEACH FLORIDA
AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A
COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF
DANIA BEACH AND THE DANIA BEACH ASSOCIATION OF FIRE
FIGHTERS, LOCAL 3080 OF THE INTERNATIONAL ASSOCIATION OF
FIRE FIGHTERS, COVERING THE PERIOD SEPTEMBER 27, 2005
THROUGH SEPTEMBER 30, 2007; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA:
Section 1. That that certain Collective Bargaining Agreement between the City of
Dania Beach and the Dania Beach Association of Fire Fighters, Local 3080 of the International
Association of Fire Fighters, which agreement is attached and made part a of this Resolution is
approved and the appropriate city officials are directed to execute same.
Section 2. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
• Section 3. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on Septembers 27, 2005.
0�" c.ri
ANNE CASTRO
MAYOR-COMMISSIONER
ATTEST: ROLL CALL:
��_�� �� COMMISSIONER ANTON - YES
COMMISSIONER BERTINO - YES
LOUISE STILSON COMMISSIONER MCELYEA - YES
CITY CLERK VICE-MAYOR FLURY - YES
MAYOR CASTRO - YES
APPROVED AS TtQ FORM AND CORRECTNESS
BY:
THOMAS J. 'ANS RO
CITY ATTORNEY
•
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W-C
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e FLORIDA
INTEROFFICE MEMORANDUM
To: Mayor Anne Castro
Vice-Mayor Pat Flury
Commissioner C.K. "Mac" McElyea
Commissioner John Berfino
Commissioner Robert Anton
Cc: Mary McDonald
From: Ivan Pato C;"
City Manager
Date: September 23, 2005
Subject: Executive Summary
• Collective Bargaining Agreements: Fire Union
Introduction
This was an extremely difficult process for both sides. A significant
number of articles vcTere agreed to in previous years that are highly
unusual and not consistent with the level of benefits enjoyed by fire
departments in surrounding municipalities. The argument was made
that the extra benefits were designed to offset low salaries. While this
may have been true at one time, between added incentives (which
increase pay) and the increasing cost of benefits (including pension), it is
clear that Dania Beach Firefighters are not suffering from inadequate
compensation packages
It was pointed out that "negotiations" in the past consisted of one
member of the Fire Department meeting with the City Manager privately
and without the benefit of legal counsel, Human Resources or Finance
input on critical issues. The long term consequences of the agreements
reached in the past have created tremendous financial burdens for the
taxpayers of our City.
. The City's negotiation team was charged with negotiating a more
balanced document.
"Broward's First City"
100 West Dania Beach Boulev:ud Dania Beach, Florida 33004 Phone: (954) 924-3600 vvwvv.ci.dai pia-hcach.fl.us
While negotiations should be "give and take", unfortunately there was
very little left for the City to give. The current CBA already "leads the
• pack" in many areas. Attempting to bring the agreement into line with
standards accepted by the majority of surrounding municipalities would
have been extremely difficult for Union representatives to "sell" to the
union members.
While I believe this agreement continues to contain unusual provisions
that are not in the City's best interest, significant agreements were
reached. They include:
UNION CONCESSIONS
Binding Arbitration:
The Fire Department conceded this provision. The City's position is that
this provision is illegal and never should have been agreed to. This
provision "bargained away" the City commission's authority. Had no
agreement been reached on this article, the City and the Union would
have faced a long and very expensive legal battle both sides wish to
avoid.
Article 8 OVERTIME/COMP TIME
• The Union accepted a maximum comp time accrual of 80 hours, and
agreed to exclude sick time from overtime calculations. This is consistent
with FLSA, but is a new provision for the Fire Department. (Refer to City
concessions for this article)
Article 15 GROUP HEALTH
Union agreed to a re-opener for group health and proposed an employee
contribution increase to offset costs; this was accepted by the City. This
agreement allowed the City to bid out the existing health plan, and
ultimately led to the October 1 st, 2005 implementation of a
comprehensive health plan aligned with cost containment aspects of a
managed care network.
Article 16 LONGEVITY
The union conceded to a reduction in the longevity program for
employees hired after July 1 st, 2005. Although this is a significant
concession, it must be pointed out that the existing benefit is "off the
chart" when compared 1A,ith a majority of surrounding cities. The reduced
benefit the Union has conceded to still significantly exceed what is
offered by other cities and is an extraordinarily generous benefit.
• Article 22 Pav Scale
Annual COLA was agreed not to exceed 3.2% (same as the GE's). 5%
annual automatic step increases for the first five years remains intact.
Article 42 DRUG FREE WORKPLACE
• The Union has agreed to random drug testing as part of the drug free
workplace policy. This policy does not mirror the agreement reached by
the GE Union and is less aggressive, but I believe the goal of the policy
will be achieved, despite the differences. GE agreed to City's right to test
all members any time throughout the year. Fire Union wants to limit
testing to two employees (2) per fiscal quarter). No parity with the
General Employees.
Article 31 EDUCATIONAL INCENTIVES
The Union conceded to a $300 per semester limit on books under
educational reimbursements (current language is unlimited).
CITY CONCESSIONS
Article 8: OVERTIME
The City conceded to the "past practice" which allows for inflation of an
employee's hourly rate before overtime is computed. This is highly
unusual and is not recommended.
Article 11 PROMOTIONAL ELIGIBILITY AND DURATION OF LISTS
• The City agreed to reference the title of"Division Chief'. The position will
need City Manager approval before any employee moves into this title.
Article 13 HOURS OF DUTY
Agreed to 191h Kelly Day.
Article 21 PENSION
Conceded to existing language. Union would not agree to consider a re-
opener.
Article 31 EDUCATIONAL REIMBRUSEMENT
City attempted to exclude DROP employees from educational
reimbursement, compromised on excluding participation in the last three
years of DROP.
Article 32 WORKERS COMPENSATION
City requested parity with the General Employee contract, stating full
pay for 2 months, with a one month extension upon approval. Fire
proposed 6 months, City accepted. (Current language is 2 months with a
revolving 2 month extension as approved by a panel) All accruals
(vacation, sick, personal days) NxIll continue for the entire 6 months.
(GEs agreed to 2 months). We recommend parity with the General
Employees.
•
Article 33 SICK LEAVE
City again proposed parity with GE, which agreed to Civil Service rules
(maximum of 480 hour//liquidation of excess paid out each year). Fire
proposed 600 hours maximum, but an automatic buy down after 360
hours unless requested to go to maximum 600. They also requested the
right to transfer sick hours over 360 to vacation. City agreed. The GEs
are not permitted to transfer time. (An alternative to this type of system
in the future would be a "paid time off bank" which does not distinguish
between sick and vacation time). No parity with the General Employees.
COMMENTS:
The unusual nature of many of the benefits and concessions made by the
City of Dania Beach in the past made it very difficult to address all the
issues which needed to be addressed. While much more needs to be
done, we bring to you for your consideration a proposed contract that
addresses some but not all the issues this commission asked us to
address.
•
•
LETTER OF UNDERSTANDING
• AMENDMENT TO THE COLLECTIVE BARGAINING AGREEMENT
It is the intention of the membership of District 1, Dania Beach, Metro-Broward
Professional Firefighters, Local 3080, to cooperate with the City of Dania Beach to facilitate a
timely Request for Proposal as it pertains to Group Health Insurance. It is further agreed upon by
the Union and the City to allow for a re-opener for Group Health Insurance as it pertains to the
Benefits of that plan for the second year of the contract which will commence October 1, 2005.
Any impasse on the specifics of the insurance benefits shall be resolved though the PERC
process, utilizing a Special Magistrate to resolve the impasse.
15.1 It is further agreed upon that City will provide medical, dental, vision, and short-
term disability insurance for employees, and their dependents. Employees will be
permitted to change their benefit election only once each year on the renewal date,
unless there is a'major lifestyle change in the individuals' life.
15.2 The City agrees to pay the premium for medical, dental, vision and short term
disability insurance for the employees and their dependents. Employees with
dependent coverage will be responsible for $31.25 per pay period commencing
October 1, 2005. Employees with dependent coverage insurance will be responsible
for $37.50 a pay period commencing October 1, 2006. All aspects of the group
insurance plan shall remain unchanged for the duration of the agreement.
15.3 The City shall provide life insurance for the employee with a policy amount equal
to at least two(2)times the employees' annual salary not to exceed $50,000.00.
15.4 The City agrees to allow the Union to establish its own group insurance plan,
provided that notice is given to the City'a minimum of one hundred eighty (180)
days in advance. Should the Union decide to establish its own group insurance
program,the City agrees to pay the Union, the same dollar amount per employee and
dependents that the City pays for the other employees of the City and their
dependents. The City will also continue to deduct amounts required, in excess of the
City's contribution to the Union plan from the employees' paycheck and remit the
same along with the City's contribution, to the Union, within thirty (30) days. The
union agrees to waive their rights to withdraw from the City's plan in the first and
second years of the agreement.
The City and the Union agree not to reopen 15.1 through 15.4 as specified in this agreement for
the life of the contract. All other portions may be reopened for the second year and will be
subject to the Special Magistrate process.
This agreement shall be ratified by the City Commission and members of Dania Beach, District 1,
Metro-Broward Professional,Firefighters, Local 3080. Date:
;'Ivan Pato;'City M 'ager Richard Sieb, District Vice President
• _ City`of Daa Beach DVP, Metro-Broward Professional Firefighters
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f
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COLLECTIVE BARGAINING AGREEMENT
BETWEEN
THE CITY OF DANIA BEACH
AND
THE DANIA BEACH ASSOCIATION OF FIREFIGHTERS,
LOCAL 3080,
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS
AUGUST 1, 2005 (or ratification date)
Through
SEPTEMBER 30, 2007
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TABLE OF CONTENTS
ARTICLE # ARTICLE TITLE PAGE
1 GENERAL 5
2 RECOGNITION 5
3 BULLETIN BOARDS 6
4 PAYROLL DEDUCTION OF DUES 6
5 SEMINARS AND UNION BUSINESS 7
6 DISCRIMINATION 7
• 7 GRIEVANCE PROCEDURE 8
8 OVERTIME PAY 11
9 TEMPORARY UPGRADING 13
10 PROMOTIONAL EXAMINATIONS 14
11 PROMOTIONAL ELIGIBILITY, AND
DURATION OF LISTS 16
12 CERTIFICATION OF PROMOTIONAL LISTS
AND APPOINTMENT PROCEDURE 19
13 HOURS OF DUTY 20
14 BEREAVEMENT PAY 21
15 GROUP INSURANCE 22
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ARTICLE # ARTICLE TITLE PAGE
•
16 LONGEVITY PAY 23
17 ANNUAL LEAVE 24
18 UNIFORM MAINTENANCE AND LOSS
OR DAMAGE OF PERSONAL GOODS 25
19 UNIFORM AND EQUIPMENT 26
20 HAIR CODE 27
21 PENSION 29
22 PAY SCALE 34
23 EDUCATIONAL INCENTIVE 36
24 PREVAILING RIGHTS 36
25 STRIKES 36
26 SHIFT EXCHANGE 37
27 MINIMUM RESPONSE MANNING 37
28 TRAINING AND PERSONAL TIME 38
29 VOLUNTEER SEPARATION 38
30 DURATION OF ORDERS 38
31 EDUCATIONAL REIMBURSEMENT 39
32 WORKERS COMPENSATION 40
33 SICK LEAVE 41
• 34 SENIORITY 42
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35 MANAGEMENT RIGHTS 43
Is 36 DIRECT DEPOSIT 44
37 SAFETY COMMITTEE 44
38 LABOR MANAGEMENT COMMITTEE 45
39 EMERGENCY MEDICAL ASSIGNMENT 45
40 PHYSICAL EXAMS 46
41 SAVINGS CLAUSE 47
42 DRUG/ALCOHOL FREE WORKPLACE 48
43 PERSONNEL REDUCTION 52
44 RETIREE HEALTH SAVINGS PLAN 53
• 45 DURATION OF AGREEMENT 53
46 DEFINITIONS 54
CONTRACT AGREEMENT SIGNATURES 55
APPENDIX A GRIEVANCE FORM
APPENDIX B FIRE FIGHTER GRADE AND STEP TABLES
APPENDIX C LETTER OF UNDERSTANDING (HEALTH PLAN)
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ARTICLE l
GENERAL
The City of Dania Beach, hereinafter referred to as the "City", and Local 3080 of the Intemational
Association of Fire Fighters, hereinafter referred to as the "Union", in order to increase general
efficiency in the Fire Department, to maintain the existing harmonious relationship between the Fire
Department and it's employees, and to promote the morale, rights, and well-being of the members of
the Fire Department, HEREBY AGREE as follows:
PUBLIC EMPLOYEES
The Fire Department and individual members of the Union are to regard themselves as public
employees, and are to be governed by the highest ideals of honor and integrity in all their public and
personal conduct, in order that they may merit the respect and confidence of the general public.
• ARTICLE 2
RECOGNITION
2.1 The City hereby recognizes that the Union is the sole representative of all employees
of the Fire Department, with the exception of the Fire Chief and clerical
administrative staff, for the purpose of bargaining with the respect to wages,hours of
work and working conditions and all job related items
2.2 Recognition shall be in effect until the authority to represent the fire fighters is
withdrawn by a majority vote of the fire fighters represented.
2.3 In the event Local 3080 merges with or into any other I.A.F.F. local union, or a
successor I.A.F.F. local union is chartered, upon official notification by the Union
President, that a majority of employees in the bargaining unit wish to have the
merged or successor local union represent them, the City will recognize this Union as
the successor bargaining agent under this agreement. This agreement shall apply to
and be honored by the City and the successor Local Union for the duration of the terns
hereof.
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ARTICLE 3
BULLETIN BOARDS
3.1 The employer agrees to furnish a suitable bulletin board in the fire station to be used
by the Union. The Union shall limit its posting of notices and bulletins to such
bulletin board. Only authorized Union leaders will post or take down articles posted.
ARTICLE 4
PAYROLL DEDUCTION OF DUES
4.1 Upon receipt of a written authorization from an employee covered by this agreement, the
employer will deduct from the employee's pay, the amount owed to the Union by such
employee for dues. The employer will remit to the Union such sums within thirty (30) days.
Changes in the Union's membership dues rate will be certified to the employer in writing
over the signature of the authorized officer or officers of the Union and shall be done at least
thirty (30) days in advance of the effective date of change. The employer's remittance will be
deemed correct if the Union does not give written notice to the employer, within two (2)
calendar weeks after remittance is received, of it's belief, with reasons stated therefore, that
the remittance is incorrect
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4.2 The Union will indemnify, defend, and hold the employer harmless against any claim made
and against any suit instituted against the employer on account of any check-off of union
dues.
4.3 An employee may revoke in writing at any time his/her authorization for dues deduction.
Dues revocation shall be processed through the Union. In the event of direct revocation by
the employee to the employer, the employer will notify the Union as soon as possible.
4.4 No deduction shall be made from the pay of any employee for any payroll period in which
the employee's net earnings for that payroll period, after other deductions, are less than the
amount of the dues to be checked-off.
4.5 The employee shall be responsible for payment of dues when a garnishment has been placed
on his check.
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ARTICLE 5
0 SEMINARS AND UNION BUSINESS
5.1 The City agrees to allow any designated Union member, with the approval of the Fire
Chief or his Designee, a total of six (6), twenty-four (24) hour shifts or the equivalent
hours, in paid time-off per calendar year, to attend any Union business, seminar or
convention.
5.2 The Union shall determine the person(s) who shall attend union functions. The time-
off shall be requested in writing by the Local President or District Vice President at
least forty-eight (48) hours in advance. If staffing allows, the Union shall not be
denied the time off. If necessary, other employees shall fill in for the Union members
given time-off and shall then be given an equal amount of time-off at a later date, as
staffing allows.
5.3 The Union's District Vice President or other Union member designated by the District
Vice President shall be permitted to have other Union members work for them at the
expense of the Union, at any time, with notification to the Fire Chief.
5.4 Employees who attend job related seminars or business at the direction of the Fire
Chief, shall be considered on duty and shall receive their regular compensation and
benefits. Employees who voluntarily attend college courses or other functions
without the direction of the Fire Chief shall do so on their own time.
ARTICLE 6
DISCRIMINATION
6.1 The City and the Union agree that all provisions of this agreement shall be applied to
all employees covered by this agreement. The City and the Union affirm their joint
opposition to any discrimination practices in connection with employment, promotion
and training, remembering that the public interest requires the full utilization of
employee's skill and ability without regard to race, color, creed, national origin, sex,
disability or age.
6.2 Employees shall have the right to join the Union, to engage in lawful concerted
activities for the purposes of collective bargaining, or other forms of mutual aid
protection, and to express and communicate any view, grievance, complaint, or
opinion, within the bounds of good taste, relative to the conditions or compensations
of public employment or its betterment. This provision shall be applied to all
employees by the employer and the Union.
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• ARTICLE 7
GRIEVANCE PROCEDURE
7.1 A grievance is defined as a dispute involving the interpretation or the application of
this agreement.
7.2 A grievance shall refer to the specific provision or provisions of the agreement
alleged to have been violated and shall set forth the facts pertaining to the alleged
violation, and such grievance shall be limited to the application and interpretation of
this agreement.
7.3 To simplify the grievance procedure, the number of "working days" in presenting a
grievance and receiving a reply from the different levels of supervision shall be based
upon a forty (40) hour, five (5) day workweek, Monday through Friday.
7.4 Grievances shall be processed in accordance with the following procedure and the
following order:
Step 1: The aggrieved employee, with the assistance of the Union, shall
present his grievance in writing to his immediate supervisor within
five (5) working days from the date that the employee became aware
of the events giving rise to the grievance. Discussions will be informal
for the purpose of settling differences in the simplest and most direct
manner. The immediate supervisor shall reach a decision and
communicate it in writing to the aggrieved employee and the Union
within five (5) working days from the date the grievance was
presented to him. (see 7.15 for grievance forms).
Step 2: If the grievance is not settled at the first step, the aggrieved employee,
with the assistance of the Union, shall reduce the grievance to writing
on the standard form provided by the Union, and within five (5)
working days, shall present the written grievance to the Deputy Chief.
The Deputy Chief shall, within five (5) working days following receipt
of the written grievance, conduct a meeting between himself, the
aggrieved employee, and the Union to determine the facts pertaining to
the grievance. The Deputy Chief shall notify the aggrieved employee
and the Union, of his decision not later than five (5) working days
following the meeting date.
Step 3: If the grievance has not been resolved to the satisfaction of the
employee or the Union in Step 2, the Union, within five (5) working
days, shall forward the written grievance to the Fire Chief or his
designee. The Fire Chief or his designee shall, within five (5) working
days from the receipt of the written grievance, conduct a meeting
between himself, his representative, if needed, the aggrieved employee
and the Union representative(s). The Fire Chief or his designee shall
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notify the aggrieved employee and the Union, in writing, of his
decision no later than five (5) working days following the meeting.
Step 4: If the grievance has not been satisfactorily resolved in Step 3, the
Union, within three (3) working days, shall forward the written
grievance to the office of the City Manager. The City Manager or his
designee shall meet with the aggrieved employee and the Union
representative(s),within ten (10) working days after receipt of the
grievance. The City Manager or his designee shall furnish a copy of
his decision to the aggrieved employee and the Union, within five (5)
working days following the meeting.
Step 5: If the grievance has not been satisfactorily resolved at the Step 4.level
of the grievance procedure, the Union shall within ten (10) working
days, submit the grievance to arbitration.
7.5 Where a grievance is general in nature in that it applies to a number of employees
having the same issue to be decided, or if the grievance is directly between the Union
and the City, it shall be presented directly at Step 3 of the grievance procedure, within
the time limits provided for submission of grievance described in Step 1, and signed
by the aggrieved employees and or the Union representative on their behalf.
Following the grievance procedure this shall continue through Steps 4 and 5 as
outlined above.
• 7.6 All grievances must be processed within the time limits herein provided unless
extended by mutual agreement in writing. Any grievance not processed by the Union
in accordance with the time limits provided in each step of the article, shall be
considered conclusively abandoned. Any grievance not processed by the City within
the time limits provided herein, shall be automatically advanced to the next higher
step in the grievance procedure.
7.7 Grievances shall be set forth in the space provided on the grievance form, a complete
statement of the grievance and the facts upon which it is based, together with the
sections of this agreement claimed to have been violated and the remedy or correction
requested.
7.8 This grievance procedure is the exclusive method of resolving disputes relating to the
application and interpretation of this agreement.
7.9 The parties agree, that nothing in this Article shall be construed to prevent a member
of the'bargaining unit from presenting his grievance to the public employer and have
such grievance adjusted without the intervention of the Union, provided the
adjustment is not inconsistent with the terms of the collective bargaining agreement in
effect at the time.
7.10 The arbitration hearing shall be conducted in accordance with the rules of the
American Arbitration Association.
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7.11 It is contemplated that the City and the Union agree in writing as the statement of the
• matter to be arbitrated prior to the hearing. When this is done, the arbitrator shall
confine his decision to the particular matter thus specified. When the parties are
unable to agree, the arbitrator shall decide the issue or issues to be arbitrated. In the
event either party claims a dispute is non-arbitrable, the arbitrator will rule on that
issue along with the merits of the grievance.
7.12 Each party shall bear the expense of its own witness and of its own representation.
The parties shall bear equally the expense of the impartial arbitrator. The party
desiring a transcript of the hearing will bear the cost of the same.
7.13 Copies of the award of the arbitration made in accordance with the jurisdiction or
authority under this agreement shall be furnished to both parties within thirty (30)
days of the hearing and shall be final and binding on both parties.
7.14 The provisions of this Article shall not be available to probationary, provisional, or
temporary employees as it relates to discipline or discharge. However, the above
referenced employees shall have reference to this Article as it relates to any other
matter. After one (1) year an employee will be covered by this Article, unless an
extension is agreed upon by the City and the employee.
7.15 GRIEVANCE FORM ATTACHED AS APPENDIX A
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• ARTICLE 8
OVERTIME PAY
8.1 Overtime will be allocated according to position need and the employee's position on
the overtime rotation list.
8.2 Overtime perquisite: When the Department falls below the required on-duty
employees as stipulated by the Minimum Response Manning article of this
agreement, and if the position cannot be filled by on-duty response shift personnel
upgrading.
8.3 Overtime, when required, will be issued position for position, i.e., Battalion/Deputy
Chief/Division Chief for Battalion/Deputy/Division Chief, Captain for Captain,
Lieutenant for Lieutenant, E/O for E/O, Paramedic/EMT/Firefighter for
Paramedic/EMT/Firefighter. The overtime will be issued in accordance to the
positional need and the employee's position on the combined overtime list. Using the
first qualified person on the list to fill the position needed. For example if a Battalion
Chief calls in sick and the person next on the overtime list is qualified to work as a
Battalion Chief, then, he/she will be issued the overtime and drop to the bottom of the
list. The same example shall be used for Captain, Lieutenant and Engineer Operator
and Paramedic/EMT/Firefighter. There shall be no downgrading from rank to work
an overtime shift. See 8.12 for overtime procedures and guidelines.
8.4 When it is necessary for the City to require employees to work hours in excess of
their normal shifts, additional shifts, after shift change, attend court hearings or trials,
or other required functions, such hours worked shall be considered overtime, and
shall be paid at the rate of 1.5 times their regular forty (40) hour, hourly pay rate, after
extra time work exceeds any part of an hour. An employee held over his normal
work shift for any period of time will be paid at the rate of 1.5 times their regular
forty (40) hour, hourly pay rate, for not less than one-half hour, additional time shall
be advanced to the next half-hour mark.
8.5 Employees ordered to duty for an emergency, or a mandatory or necessary meeting
shall be paid for the actual time worked, but not less than three (3) hours pay, at the
rate of 1.5 times their regular forty (40) hour, hourly pay rate. The exception is
monthly scheduled Paramedic meetings which will be paid at$75.00.
8.6 An employee will rotate to the end of the overtime rotation list after a minimum of
twelve (12) cumulative hours is accrued, this includes any overtime paid shift or
otherwise. An employee shall also rotate to the end of the overtime list if they should
leave shift for any reason, prior to completing the time for which overtime was
necessary. An employee may not work more than twenty-four continuous overtime
hours. An employee may not work more than 48 continuous hours.
8.7 Employees shall rotate to the end of the overtime rotation list if they refuse overtime
assignment on a holiday. The department may develop any rules and regulations to
insure that employees will report for duty when needed.
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• 8.8 Employees assigned to days shall not fill-in for unscheduled leaves unless they are
next on the overtime rotation list and are paid 1.5 times their normal hourly rate, after
working forty (40) hours in the work week.
8.9 When a shift employee is performing in an upgrade position and is qualified for
overtime, he/she shall receive one and one-half(1.5 ) his upgrade rate of pay for each
overtime hour worked. Because when an employee upgrades he/she upgrades for a
24-hour shift, the upgrade will be paid based on a 24-hour clock.
8.10 "Comp time" may be awarded in lieu of overtime at employee's request. Comp time
shall be at the rate of 1.5 hours for each qualifying hour worked. There will be a
maximum comp time accrual of 80 hours. Employees who have reached the
maximum "comp time"accrual will be receive a pay out of the maximum hours. Un-
used "comp time"hours will be paid out on or about September each year.
8.11 Sick time shall not be counted as hours worked for purposes of calculating overtime
in that pay period.
8.12 Overtime Activation Procedure as follows:
Battalion Chief shall be responsible for maintaining overtime "Call Out Log"
The Battalion chief whenever possible shall have a Union representative present
when calling overtime;
The Battalion Chief shall use the hard copy of the current overtime list to make a
specific notation next to each Union member called for overtime, as to their response
to said call out;
The Battalion Chief shall use an updated roster/phone list utilizing all contact
numbers listed. The Battalion Chief shall allow five minutes time to allow Union
members contacted to respond.
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• ARTICLE 9
TEMPORARY UPGRADING
9.1 The City and Union agree that any time an employee of the Fire Department is
temporarily assigned to a position which is higher than their normal job classification,
he will receive additional compensation equal to the rate-of-pay for the position to
which they are assigned. This additional compensation should be paid by the City in
the same pay period as the employee worked in the upgraded position. All upgrades
shall be paid on an hour per hour basis.
9.2 The top three shift personnel on a promotional list shall be assigned to separate shifts
as prescribed in Article 11. If any of these employees ranked in the top three
positions are not available to work as regularly scheduled, the employees with the
next lower ranking on the promotional eligibility list shall be upgraded. The certified
promotional list shall be used in its numerical order when those employees are
available to work. The employee upgrading shall upgrade to his/her highest earning
potential. When an employee is in the top three (3) on more than one promotional list
the employee shall be assigned to shift based on the highest ranking promotional list.
9.3 Management reserves the right to use temporary upgrading in lieu of overtime when
the members assigned to a particular shift are eligible through the upgrading process
to fill the position in order to maintain minimum response manning as prescribed in
this contract.
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ARTICLE 10
PROMOTIONAL EXAMINATIONS
10.1 Promotional examinations shall be given for the following ranks:
A. Engineer/Operator
B. Lieutenant
C. Captain
D. Battalion Chief
10.2 The City and the Union agree that the promotional examinations shall consist of a
written and oral/practical portion equally weighted and that the written portion of
these examinations will be given as follows: The Captain's exam will be given in
May of odd numbered years, Engineer Operators exam will be given in November of
even numbered years, Rescue Lieutenant exam will be given in March of even
numbered years, Battalion Chief exam will be given in February of even numbered
years. Eligibility lists shall then be established from these examinations.
10.3 The oral/practical portion of the examinations shall be given within thirty (30)days of
the written portion. Only those applicants who pass the written examination with a
score of 70% or better shall be eligible for the oral/ practical portion of the
examination. There shall be no essay type questions on the written portion of all
examinations. The examination process shall be formulated and administered by a
source acceptable to the City and the Union prior to the posting.
10.4 The City and the Union agree that the announcements for promotional examinations
shall be made ninety (90) days in advance of the examination date. Sources of
information for all promotional examinations shall be included in the examination
announcement to include the following:
•. Date/Time/Place of examination
• Administering agency of examination
• Minimum requirement for candidate taking examination
• How to apply for examination
• Reference materials including specific chapters.
• Where to purchase materials for the examination.
• Grading criteria for examination.
10.5 For purposes of all Fire Department related examinations if 75% or 1/4 of the population
taking the written examination misses the same test question, then the written test question
shall be deemed an invalid question and the question shall not be used to compute the scores.
10.6 The application period for the examination shall be at least thirty (30) days. The
examinations shall be given not more than thirty(30) days after the closing of the application
period. This application period shall be extended for employees on vacation, sick leave,
injury leave, workers' compensation,bereavement leave, or other excusable absences.
14
10.7 The ranks and positions of Deputy Chief, Division Chiefs, EMS Captain, Fire Marshal,
Training Captain, and Fire Inspector shall be appointed positions.
10.8 An employee taking a promotional examination shall have fifteen (15) days in which to
review and/or appeal their written exam. After fifteen (15) days the employee shall not have
access to the exam.
10.9 An employee may hold his test score for up to two (2) years or one (1) test cycle; whichever
is less, at the employee's sole discretion. The employee's score will remain fixed and he will
not receive any seniority credit for the period during which his score is held. Any employee
exercising this option will not be required to take any subsequent test for the same position
during the period he holds his score, but is entitled to have his score included among the
scores of those actually taking subsequent tests and counted as if he had taken that test. In
the event that the employee actually takes a test for the same position for which he was
holding a test score, he will be judged on his actual score and his former score is null from
that date forward.
10.10 No vacancy shall remain open for more than 90 days before being filled from the current
promotional eligibility list.
10.11 If an eligibility list is exhausted twelve or more months in advance of the next regularly
scheduled exam, the City will give-an exam for that position within 120 days of the date on
which the list is exhausted. Eligibility to sit for the exam will be determined as of the date on
which the exam is scheduled. The resulting eligibility list shall remain in effect until the next
. regularly scheduled exam set forth in section 10.2.
10.12 If an eligibility list is exhausted less than one year prior to the date of the next regularly
scheduled exam, a new test shall be administered within 60 days of the date on which the list
is exhausted. That test shall be given in place of the next regularly scheduled exam. The
results of the exam will remain in full force and effect until the second regularly scheduled
exam found in section 10.2 or until the resulting eligibility list is exhausted, whichever
occurs first.
10.13 Eligibility to take the exam will be calculated as if the exam were to take place as scheduled.
For example, if a test is to be given in November and the next regularly scheduled exam is
scheduled for May, all individuals who would be eligible to take the exam in will be allowed
to take the November exam. Seniority points will be calculated as if the test were given on
the date regularly scheduled.
15
• ARTICLE 11
PROMOTIONAL ELIGIBILITY AND DURATION OF LISTS
11.1 The City and the Union agree that the duration of each promotional eligibility list
shall be for a two (2) year period. If the list is depleted prior to the two(2) year
period, an examination may be given in accordance with Article 10.
11.2 The following minimum requirements shall be adopted for promotional eligibility.
Engineer/Operator, minimum standards
A. At least two (2)years in service.
B. A minimum of six (6) credit hours in the fire science
curriculum, and any of the following courses: apparatus and
procedures, hydraulics, or the forty(40)hour operator course.
C. Pass all portions of the E/O exam with a 70% or better.
Fire Inspector, minimum standards
A. A Florida certified firefighter.
B. At least two (2) years in service with Dania Beach Fire Rescue
Department.
C. Licensed by Broward County and the State of Florida as a
municipal fire inspector.
Lieutenant,minimum standards
A. At least three (3) years in service with the Dania Beach Fire
Rescue Department.
B. A minimum nine (9) credit hours in allied health.
C. A current state of Florida paramedic license.
D. Pass all parts of lieutenant exam with a 70% or better.
•
16
Captain, minimum standards
A. At least four (4) years in service with the Dania Beach Fire
Rescue Department.
B. At least twenty-one (21) credit hours in fire science or allied
health, to include, E/O requirements and supervision, or
certified as Fire Officer I.
C. Have previously been on eligibility list for engineer/operator.
D. Pass all parts of Captains exam with a 70%or better.
Fire Marshal, minimum standards
A. At least four (4) years in service with Dania Beach Fire Rescue
Department.
B. Currently a promoted Captain or have previously been on
eligibility list for Captain.
C. Qualifications as specified by The Board of Rules and Appeals or
the South Florida Building Code for Fire Marshal.
D. Appointment to Division Chief shall occur once the above
qualifications have been met and the qualifications of Battalion
Chief listed under Battalion Chief/Division Chief/Deputy Chief
minimum standards have been met.
EMS Captain and Training/Logistics Captain, minimum standards
A. At least four (4) years in service with the Dania Beach Fire
Department.
B. At least twenty one (21) credit hours in fire science or allied
health, to include, E/O requirements and supervision, or
certified as Fire Officer I.
C. Have previously been on eligibility list for Engineer Operator.
D. Currently a promoted Captain or have previously been on
eligibility list for Captain.
Battalion Chief/Deputy Chief/Division Chief
A. At least seven (7) years in service, two (2) years as a Captain
with Dania Beach Fire Rescue Department.
17
B. Certified as a Fire Officer I and have a fire science certificate,
or, an associate degree in fire science, or, associate degree in
paramedic science.
C. Pass all parts of the Battalion Chief exam with a 70%or better
D. Appointment to Division Chief shall occur once the above
qualifications have been met and the qualifications of Battalion
Chief listed under Battalion Chief/Division Chief/Deputy Chief
minimum standards.have been met.
11.3 Day personnel who return to shift shall return to their previously held position on
shift. Day personnel can test and be eligible for the position of Battalion Chief in the
same manner that other employees can.
•
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ARTICLE 12
CERTIFICATION OF PROMOTIONAL LISTS
AND APPOINTMENT PROCEDURE
12.1 The City and the Union agree that all certified positions within the Fire Department,
as listed in Article 11, shall be filled from the current promotional list of eligible
employees as certified by the Fire Chief or their designee.
12.2 Examinations shall be graded to one one-hundredth (.01) of a point. The promotional
list shall rank those eligible in the order of their examination score from the highest to
the lowest. Candidates who pass all parts of the test with 70% or better shall be given
credit of a quarter point (.25) per completed year of service up to a maximum of five
points.
12.3 Promotions shall be made from the certified promotional list. The Fire Chief shall
make his choice from the top three (3) scores. If a certified promotional list falls
below three (3) eligible persons than a new test shall be given.
• 12.4 If an employee on the eligibility list is to be passed over for a promotion, then the Fire
Chief shall counsel the eligible employee as to the reason for being passed over.
Employees shall only be passed over once during a two-year testing cycle.
12.5 Provisional appointments may be made to vacancies where no promotional list is
available, for a period not to exceed one hundred and twenty (120) days, with the
approval of the City Manager.
12.6 'When the list is deemed exhausted, those people remaining on the list may act in an
upgrade position until a new list is created.
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• ARTICLE 13
HOURS OF DUTY
13.1 It is agreed by the City and the Union that the work schedule for employees assigned
to shifts shall consist of twenty-four (24) hours on duty, beginning at 8:00 AM,
followed by forty-eight (48) hours off duty, with eighteen (18) Kelly Days off per
year. Those employees assigned to work days shall work forty (40) hours a week, as
assigned by the Fire Chief.
13.2 Employees may be moved from one shift to another in non-emergency situations only
if the employee receives at least thirty days notice of the change.
13.3 Employees may be moved from one shift to another in emergency situations if the
employee receives at least forty-eight (48) hours off-duty between the last day
worked on his former shift and the first day worked on his new shift.
13.4 For the purposes of this article emergency situations shall be defined as:
A. Workers Compensation
B. Illness or Injury over two shifts
• C. Any Natural Disaster
D. Suspensions, Terminations, or Leave of Absence
E. Retirement, Demotion, or Promotion
13.5 Due to the Kelly day cycle being a Kelly day after every sixth (6`h) shift or in a
twenty-one (21) day cycle, the employees may end up with only seventeen (17) Kelly
days in a fiscal year. Therefore, the eighteenth (181h) Kelly day will be added to
employees' sick time on September 30`h of each year.
13.5 Due to Fire Department staffing and scheduling, a nineteenth (19) Kelly Day may be
given to an employee. The nineteenth Kelly Day will be added to the employee's sick
time on September 30`h each year.
I
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I
ARTICLE 14
BEREAVEMENT PAY
14.1 The City and the Union agree that upon the death of an immediate family member,
the employee will be granted immediate time-off with pay. This bereavement pay
will not be more than two (2), twenty-four (24) hour shifts for those employees
assigned to shift and five (5), eight (8) hour days for those employees assigned to
days.
14.2 It is agreed that the term "immediate family," means an employee's spouse, child,
parent, parent-in-law, sibling, step-child, grandparent, step-parent, step-sibling, half-
sibling, sibling-in-law, child-in-law, grandchild, step-grandchild or partner registered
under the Broward County Domestic Partnership Ordinance.
14.3 Bereavement pay will be subject to the review of the Fire Chief, and only those days
actually needed by the employee will be granted.
14.4 In the event of the death of a relative not specified herein, the Fire Chief may
authorize vacation leave with pay.
•
•
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ARTICLE 15
• GROUP INSURANCE
A"Letter of Understanding"was reached between the Union and the City and is attached to this
contract as Appendix C. "All beginning unit members shall be entitled to the group health benefits
outlined in this agreement.
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ARTICLE 16
• LONGEVITY PAY
16.1 The City and the Union agree that regular full-time employees who have served
continuously for six (6) or more full years hired prior to July 1, 2005, shall receive an
annual longevity payment in accordance with the following schedule: 1.5% of base
annual salary (excluding revenue sharing, overtime, and temporary upgrading) for
years 6-10, and 0.5% of base annual salary for years 11-15, times the number of years
of continuous service, not to exceed 10.0%, commencing at six (6)years with 1.5%.
Example: 6 years 1.5%
7 years 3.0%
8 years 4.5%
9 years 6.0%
10 years 7.5%
11 years 8.0%
12 years 8.5%
13 years 9.0%
14 years 9.5%
15 years 10.0%
1642 The City and the Union agree that regular full-time employees who have served
continuously for six (6) or more full years hired after July 1, 2005, shall receive an
annual longevity payment in accordance with the following schedule: .75% of base
annual salary (excluding revenue sharing, overtime, and temporary upgrading) for
years 6-10, and 0.25% of base annual salary for years 11-20, times the number of
• years of continuous service, not to exceed 10.0%, commencing at six (6) years with
.75%.
Example: 6 years .75%
7 years 1.50%
8 years 2.25%
9 years 3.0 0%
10 years 3.75%
11 years 4.00%
12 years 4.50%
13 years 5.00%
14 years 5.50%
15 years 6.00%
16 years 6.25%
17 years 6.50%
18 years 6.75%
19 years 7.00%
20 years 7.25%
16.2 Longevity pay will be distributed in December of the year in which it is earned, and
will be calculated on the base annual salary of the employee on December 1 of that
particular year. The cut-off date for earnings will be December 1.
16.3 Subsequent to December 1 of each year, all qualified employees will be issued a
separate check from the City reflecting the application of the formula above.
0 16.4 If a member is promoted or demoted within the course of the year, then the prorated
average base annual salary will be the determinate.
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ARTICLE 17
ANNUAL LEAVE
17.1 Employees will have the option to have holidays added to their annual leve or to
receive payment for holidays.
17.2 The City and the Union agree that the shift employees will be granted annual leave in
accordance with the following schedule:
01 through 05 years... 6.46 hours per pay period
06 through 11 years... 8.00 hours per pay period
12 + years...9.54 hours per pay period
17.3 The City and the Union agree that the 40-hour employees of the Fire Department
shall accrue annual leave in accordance with the following schedule:
01 through 06 years... 3.08 hours per pay period
06 through 11 years... 4.62 hours per pay period
12 + years...6.15 hours per pay period
O 40-hour employees will receive the same holidays granted to the other 40-hour
employees of the City, taken on the assigned date.
17.4 The Fire Department and the Union have agreed to an established policy for equitable
vacation selection.
17.5 It is agreed by the City and the Union that the members of the Fire Department shall
be allowed to accumulate up to two (2) years worth of annual leave. The City will
not unnecessarily deny the use of annual leave. Hours that exceed the maximum
accrual will be bought down (at 100%) to the maximum at the end of each fiscal year.
If for any reason the City is unable to buy down excess accruals at the end of each
year, these excess hours will be carried over.
17.6 Additional holidays declared by the City and given to any department of the City
shall be considered an automatic part of this agreement.
17.7 Employees hired after January 1, 1994 may only convert 50% of earned leave to cash
at termination of employment unless such termination is through a retirement option
through the City of Dania Police/Fire Retirement System, in which case payout shall
be at 100% at their prevailing rate of pay.
17.8 Employees may request a "buy back" of up to 160 hours of vacation time each fiscal
year, subject to the Finance Director's approval based on availability of funds. This
option may be exercised providing that the employee does not fall below a minimum
of 40 vacation hours. Requests for buy backs should be submitted no later than four
days prior to the last day of the pay period.
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ARTICLE 18
UNIFORM MAINTENANCE AND
LOSS OR DAMAGE OF PERSONAL GOODS
18.1 It is agreed that the City will provide maintenance and cleaning service for all the
uniforms they currently provide each employee.
18.2 It is recognized by the City that fire fighters utilize certain personal property in the
performance of�their duty; i.e. (watches, eyeglasses, shoes, and flashlights). It is
agreed that the City will replace these personal items lost or damaged in the line of
duty. The maximum amount to be paid by the City shall be $250.00, with the
approval of the Fire Chief or their designee.
•
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.� ARTICLE 19
UNIFORMS AND EQUIPMENT
19.1 At the time of hire, the City agrees to supply the employees of the Fire Department
with the following uniforms and equipment:
Officer defined as Lieutenant or above:
5 white shirts
5 navy blue pants
1 black belt
1 navy blue cool weather jacket
5 tee shirts annually, approved by the Fire Chief or their designee
3 pairs of shorts, annually
1 windbreaker
1 pair of black work boots
Firefighter- to include all ranks below lieutenant:
5 light blue shirts
5 navy blue pants
® 1 black belt
1 navy blue cool weather jacket
5 tee shirts annually, approved by the Fire Chief or their designee
3 pairs of shorts
1 windbreaker annually
1 pair of black work boots
Fire Prevention Services:
Same as firefighters with -
5 white shirts
19.2 At the time of hire, every Fire Department employee shall be issued a set of bunker
gear consisting of the following:
1 helmet with straps
1 bunker jacket
1 pair of bunker pants with suspenders
1 pair of bunker boots
1 pair of gloves
1 nomex hood
1 bunker gear bag
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19.3 The City shall pay for all the cleaning and repairs of uniforms, bunker gear, or
equipment. Replacement of uniforms and equipment shall be provided as needed
with the approval of the Fire Chief or their designee.
19.4 Every employee shall be issued a copy of the Fire Department rules and regulations,
medical procedures and protocols, the department safety manual, the incident
command procedure, a badge as appropriate to their rank, a name tag, department
designated patches and any other equipment and dress accessories required by the
Fire Department. Additional pertinent employment documents will be made a�,ailable
through the City's computer network.
19.5 All uniforms, bunker gear and equipment shall remain the property of the Fire
Department and the City of Dania Beach and shall be returned upon termination of
employment if requested.
•
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•
ARTICLE 20
HAIR CODE
20.1 It is agreed by the City and the Union, that a fire fighter may wear his/her hair as they
see fit,provided it does not affect his/her safety and is neat and presentable.
i
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I
f
ARTICLE 21
PENSION
21.1 The provisions of Chapter 18, Article IV of the Dania Code, the City
Of Dania Police and Firefighters Retirement System, shall remain in
Effect except as hereinafter provided.
21.2 Effective October 1, 1998, the following amendment to the Retirement
System shall take effect:
18-42(9) Future Benefit Reserve and Health Insurance Subsidy. All firefighter
participants and firefighter survivors receiving benefits shall be eligible for an annual
health insurance subsidy computed as follows. Seventy-five percent (75%) of the
prior years actuarial gain allocable to firefighters, firefighter participants and
firefighter survivors remaining after the application of Section 18-42(6)(a) plus
seventy-five percent (75%) of any increase in the percentage of covered payroll
received by the City pursuant to Section 175.121, Florida Statutes, over the amount
received by the City in 1997 shall be defined as the "available actuarial gain". The
available actuarial gain for a fiscal year shall be calculated by the following June first
and shall be paid in the following October to the City of Dania to be utilized per
capita to subsidize up to one years payments for retiree health insurance due from
each firefighter participant and firefighter survivor who receives benefits from the
System. Should the available actuarial gain not be fully expended by this health
insurance subsidy, then the balance of actuarial gain shall be paid to the City of Dania
• to subsidize the City of Dania's cost of providing one year of retiree health insurance
to such firefighter participants and survivors. Should the available actuarial gain not
be fully expended by this subsidy to the city, then the balance, together with any
unexpended available actuarial gain from prior years, shall be accrued by the
Retirement System in a "Future Benefit Reserve Account" which shall be used only
to pay the full cost of additional future benefits to the Systems firefighter retirees and
survivors, as such additional future benefits are determined and paid by the board of
trustees in their sole discretion. DROP participants shall receive credit for any such
future benefits paid while participating in the DROP but not for the health insurance
subsidy.
21.3 Effective January 1, 1999, the Normal Retirement Benefit for employees retiring or entering
the DROP on or after January 1, 1999, shall equal 3% of average monthly earnings for each
of the first 15 years of continuous service and 4% of average monthly earnings for each of
the next 10 years of continuous service, up to a maximum benefit level of 851/o. The
provisions for extended contributions shall be adjusted accordingly to reflect the 85%
maximum.
21.4 An early retirement provision shall be added to the Retirement System which will enable an
employee to retire on the first day of the month coincident with or next following the date
when the employee completes 20 years of continuous service or thereafter, or for employees
who separate from City employment before completing 20 years of continuous service, the
first day of the month coincident with or next following the 20th anniversary of the
29
employees initial date of hire by the City, with the payment of an early retirement benefit as
follows:
The monthly amount of early retirement benefit payable to a fire fighter who retires or
separates prior to his normal retirement date shall be in the amount computed as described in
Section 18-42(2)(B) of the Dania Code, taking into account his credited service to his date of
actual retirement or separation and his average monthly earnings as of such date, actuarially
reduced to take into account the members younger age, provided that said reduction shall not
exceed 3% for each year by which the members years of service is less than 25. This
reduction shall be applied pro-rata (0.25%per month) for each month of early retirement.
21.5 a. The DROP provisions of the Retirement System shall be amended to require that the
DROP be administered by the Retirement System in accordance with the terms of the
collective bargaining agreement.
b. The following deferred retirement option plan shall be available at the employee's option:
1. In lieu of terminating employment and accepting a normal retirement benefit under
the existing provisions, any member of the system who has not less than twenty-five
(25) years and not more than thirty two (32) years or creditable service and who is
• eligible to receive a normal retirement benefit may elect to participate in the deferred
retirement option plan and defer the receipt of benefits in accordance with the
provisions of this section;
2. The election to participate in the plan shall be exercised prior to the attainment of
thirty two (32) years of creditable service or such right of election shall be forfeited;
3. The duration of participation in the plan shall be specified and shall not exceed a
number of years which, when added to the number of years of all creditable service,
which the member has in the Retirement System, exceeds a total of thirty two (32)
years. In any event the total participation in the plan shall not exceed seven (7) years,
and participation will end if the employee is terminated for just cause;
4. A member may participate in the plan only once and after commencement in the
plan he or she shall never have the right to be a contributing member of the
Retirement System again;
5. Upon the effective date of the commencement of participation in the deferred
retirement option plan, membership in the system shall terminate and neither the
employee nor employer contributions shall be payable.
The member contributions to the system shall cease and instead of being paid to the system,
shall be paid to the employee. For purposes of this section, average monthly earnings and
creditable service shall remain as they existed on the effective date of commencement of
participation in the plan. The monthly retirement benefits that would have been payable, had
the member elected to cease employment and receive a service retirement allowance, shall be
30
paid into the deferred retirement option account. These deferred benefits shall earn interest as
provided in subsection (F). Upon termination of employment, deferred benefits shall be
payable as provided by subsection (H);
6. The deferred retirement option plan account shall earn interest at a rate set annually
by the Board of Trustees. Such interest shall be equal to the systems net rate of
investment return for the year and shall be credited to each individual account balance
in the account on an annual basis;
7. The deferred retirement option plan account shall not be subject to any fees,
charges, etc.,of any kind for any purpose;
8. Upon termination of employment, a participant in the program shall receive, at his
or her option, a lump sum payment from the account equal to the payments to the
account, plus earned interest, or a true annuity based upon his or her account, or the
participant may elect any other method of payment if approved by the Board of
Trustees. The monthly benefits that were being paid into the fund during the period of
participation shall begin being paid to the retiree;
9. If a participant dies during the period of participation in the program, a lump sum
payment equal to his or her account balance shall be paid to the participants named
beneficiary or, if none, to his or her estate; in addition, normal survivor benefits
payable to the survivors of retirees shall be payable.
If a participant terminates employment prior to the end of the specified period of
participation he or she shall receive, at his or her option, a lump sum payment from
the account equal to the payments to the account, plus earned interest, or a true
annuity based upon the participant account balance, or he or she may elect any other
method of payment if approved by the Board of Trustees. The monthly benefits that
were being paid into the fund during the period of participation shall begin being paid
to retiree.
10. If employment is not terminated at the end of the period specified for
participation, payments into the account shall cease and no further interest shall be
earned or credited to the individual account in the fund for the duration of
employment. The amount paid into the fund during the period of participation shall
not be payable to the individual until he or she terminates employment. Upon
termination of employment, a member shall receive, at his or her option, a lump sum
payment from the account equal to the payments to the account, plus interest earned
by the individual account, or a true annuity based upon the members account balance,
or he or she may elect any other method of payment if approved by the Board of
Trustees;
t� ] 1.i. If an employee becomes disabled after the period of participation in the
plan, but while still an employee and his or her employment is terminated
31
because of said disability, the employee shall receive, at his or her option, a
lump sum payment from the account equal to the payments to the account,
plus earned interest, or a true annuity based upon his or her account balance,
or the employee may elect any other method of payment if approved by the
Board of Trustees. The monthly benefits that were paid into the fund during
the period of participation shall begin being paid to the retiree.
11.ii. If an employee dies after the period of participation in the plan but while
still an employee, a lump sum payment equal to his or her account balance
shall be paid to he employees named beneficiary or, if non, to his or her estate,
in addition, normal survivor benefits payable to the survivors of retirees shall
be payable.
21.6 Contributions.
a. Effective October 1, 1999, and thereafter, the employee contribution to the Retirement
System shall be 24.6%, of which 2% shall continue to be deducted from each employees
after-tax wages and 22.6% of which shall continue to be picked up by the City pursuant to
414(h) of the Internal Revenue Code.
b. All employee contributions to the Retirement System, whether picked up by the City or
deducted from the employees wages, shall continue to be:
i. Considered as "member contributions" under 18-44(1) of the Dania Code;
ii. Considered as part of an employees earnings for pension benefit calculation
purposes; and
Ili. Paid to employees as wages and not deducted from wages or picked up by the City
upon an employees entry into the DROP and thereafter.
21.7 The City shall pay two-thirds of the cost for employee and dependent health coverage for all
former employees who, on or after October 1, 1989 receive or will receive normal or early
retirement benefits from the Retirement System. This benefit shall commence on the date that
the employee is paid his first monthly early or normal retirement benefit and shall continue
until the employee or the employees spouse dies or until his children are not longer eligible
for dependents benefits, whichever occurs later.
The schedule of benefits for such retiree coverage shall not be less than is in effect for active
employees and the provision of this benefit shall be contingent upon the remainder of the
cost being timely paid by the retiree, spouse or dependents, or paid as provided in '2 hereof.
32
21.8 Within ninety (90) days after the ratification of this agreement, the City Commission shall
pass an ordinance-amending Article IV of the Dania Code to enact and codify the changes set
forth in this Article, with such changes to be effective on the dates shown herein.
21.9 The Retirement System set forth in Chapter 18, Article IV of the Dania Beach Code
shall be amended, effective October 1, 2001, to provide (changes are underlined
below):
a. the normal retirement age in section 18-42(1)(a) shall be 25 years of continuous
service or age 55 and 8 years lof continuous service;
b. the references to 10 years of continuous service for firefighters in sections 18-
42(4)(c) "Vested members" and 18-42(5) "Vesting" shall be changed to 8 years of
continuous service
C. the early retirement age in section 18-42(8) shall be 20 years of continuous service or
age 50 and 8 years of continuous service;
d. the maximum periods for DROP participation for firefighters in section 18-43(b) shall
be 7 years4 and the maximum total of creditable service and DROP participation shall
be 32 years 5;
e. in section 18-44(1)(a), the member contributions deducted from the employee
earnings of firefighters hired after September 30, 2001, shall be 6.46%6.
2 1.10 Any other changes previously made to the provisions of Chapter 18, Article IV of the Dania
Code along with the current changes will become part of this agreement. Article IV of the
Dania Code will be the Pension appendix and placed in this contract after the Commission
passes the ordinance amending said changes.
•
1 Previously 10 years
2 Previously 10 years
3 Previously 10 years
4Previously 5 years
5 Previously 30 years
6 Change from 2%
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ARTICLE 22
PAY SCALE
22.1 Fire Department employees participate in a grade and step pay plan. Employees progress
through the step plan by moving one step each year on their anniversary date (for the first
five (5) years of employment. After five(5)years, refer to longevity scale.)
22.2 Pay Grades are as follows:
FF/EMT Grade F44
FF Paramedic Grade F45
Engineer Operator/EMT Grade F46
Engineer Operator/PM Grade F47
Fire Inspector Grade F47
Rescue LT Grade F47
Captain/EMT Grade F48
Captain/PM Grade F49
EMS Captain Grade F50
Training Captain Grade F50
Fire Marshall Grade 50
Battalion Chief Grade F51
Division Chief Grade 51
Deputy Chief Grade F52
22.3 There is a one step pay increase for personnel assigned to Day Shift*.
22.4 Cost of living adjustments (COLA) will be made to the plan in accordance with the
following schedule:
October 1, 2004 PLAN WAS ADJUSTED BY 3.5% October 1, 2004
October 1, 2005 Will be based on CPI issued by the Department of Labor—All
Urban Consumers South Region (August to August)but not to
exceed 3.2%
October 1, 2006 Will be based on CPI issued by the Department of Labor—All
Urban Consumers South Region (August to August)but not to
exceed 3.2%
•22.5 Effective dates of pay, if falling within the first five (5) days of the pay period will
become effective as of the first day of the pay period. If falling within the last five
(5) days of the pay period, it will become effective as of the first day of the following
pay period.
*(22.3) This refers to shift employees who are transferred to day shift upon or after
ratification of this Contract
34
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22.6 It is agreed that in the above scale, "Years" as reflected in each classification
indicate years of service with the City of Dania Fire/Rescue Department.
22.7 Employees not assigned to the Fire Prevention Bureau will be responsible for any
time required to get and keep inspection re-certification courses and retain a current
certification.
22.8 The pay and grade step table in effect as of October 1, 2004 follows is attached as
Appendix B. This table is adjusted October 1 each year of this contract by. C.P.I
referenced in paragraph 22.4 of this article.
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ARTICLE 23
EDUCATIONAL INCENTIVES
23.1 Fire department employees who have successfully completed the following education
will receive an additional one step (5%) pay increase for completion of the
following:
AS Degree in Fire Science
Fire Officer One Certificate Courses (30 hours)
BS Degree in Job Related Field(must be approved by Fire Chief)
A.S. Degree Emergency Medicine
Special Operations Technician (must complete 7 of the courses in the outline;
currently; Rope Rescue 1, Rope Rescue 2, Vehicle Extrication, Shipboard
Firefighting, Introduction to Incident Command, Hazardous Materials],
Hazardous Materials)
Fire Inspector(County and State)
ARTICLE 24
PREVAILING RIGHTS
1. 24.1 All rights, privileges, and working conditions enjoyed by the employee at the present
time which are not included in this agreement shall remain in full force, unchanged
and unaffected in any manner, during the term of this agreement unless changed by
mutual consent.
ARTICLE 25
STRIKES
25.1 The Union agrees that there will be no strikes, slow downs, stoppage of work, or any
other interference with the efficient management of the Fire Department while this
agreement is in effect.
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ARTICLE 26
SHIFT EXCHANGE
26.1 Upon written notice and approval employees shall have the right to shift/time
exchanges, when the shift exchange does not interfere with the operation of or result
in any increased cost to the City.
26.2 The Fire Chief, or their designee, has the right to deny shift exchanges. Notice of such
denial must be given to the employee. Upon request, the Battalion Chief shall inform
the affected employee of the reason(s) the shift exchange was denied.
26.3 Any employee seeking a shift exchange has the obligation of securing a fellow
employee who is qualified to serve in his classification and capacity. For the
purposes of this article, qualified means an employee of equal rank or an employee on
the current eligibility list for the requesting employee's rank.
26.4 Responsibility for shift exchanges lies with the party accepting the exchange. The
City shall not be liable for any expenses incurred as a result of the shift exchange.
ARTICLE 27
MINIMUM RESPONSE STAFFING
27.1 In order to provide a minimal level of safety to personnel and deliver an effective
level of service to the community, the city agrees to the following minimum response
manning per shift. Whenever the position Firefighter/Paramedic/EMT occurs this
shall mean any employee possessing one or more of the relevant certification.
27.2 Effective 10/01/2004 the City will continue to have a I I-person minimum.
1 Battalion Chief
2 Captain
2 Engineer Operators
2 Rescue Lieutenants
4 Firefighter/Paramedic/EMT
27.3 At any time that the maximum manning available to respond per shift falls below the above
stated minimums, the City agrees to have this vacancy filled as prescribed in Article 8 and in
accordance with Article 9 of this agreement.
•
37
ARTICLE 28
• TRAINING AND PERSONAL TIME
28.1 Two hours per each weekday shall be required for the study and training of our
profession.
28.2 Two hours per each weekday will be personal time.
28.3 This article shall not conflict with emergency responses.
ARTICLE 29
VOLUNTEER SEPARATION
29.1 It is agreed by the City and by the Union that all paid employees of the Fire
Department be classified as professional fire fighters and are not subject to mandatory
classification as volunteers and further that they cannot be coerced into functioning at
volunteer functions.
ARTICLE 30
DURATION OF ORDERS
30.1 It is agreed by the City and the Union that all orders affecting conduct of the
employees or policy of the department issued, unless written, will be in effect no
longer than twenty-four(24) hours.
•
38
ARTICLE 31
EDUCATIONAL REIMBURSEMENT
31.1 The City agrees to provide employees covered by this agreement educational
assistance, up to and including the Masters Degree level. This assistance will be
limited to nine credit hours and S300 toward books, per semester. Programs available
for reimbursement will be limited to Fire and Emergency Medical Services, Fire
Prevention, Fire Administration, Emergency Management, Business Administration,
Professional Management and Public Administration programs. Employees enrolled
in a Health Care Management program as of October 1, 2004 will be grandfathered
in, and will receive the same level of benefits described above.
31.2 The employee must complete the City's Educational Assistance Form prior to
registration to be eligible. The request must be approved by the Fire Chief, Human
Resource Director, Finance Director and City Manager.
31.3 To be eligible for reimbursement, the employee must obtain a grade of"C" or better
for each course and provide appropriate receipts and documentation.
• 31.4 If the employee separates from the City within two (2) years, they will be required to
reimburse the City for all educational assistance received within that particular year.
The City reserves the right to deduct reimbursements from any monies due to the
employee from the City, including but not limited to wages, severance, and cash
value of any unused vacation or leave time.
31.5 DROP participants are not eligible for tuition reimbursement in the last 3 years of
said DROP participation.
31.6 Employees not assigned to the Fire Prevention Bureau (Fire Inspection) will be
responsible for any time required to get and keep Fire Inspection certification and re-
certification. The City shall be required to pay any tuition, registration and/or license
fees for courses consistent with Article 31.1.
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ARTICLE 32
• WORKERS COMPENSATION
32.1 An employee injured on the job is entitled to all rights and privileges accorded to him/her
under Florida Statutes concerning workers compensation
32.2 An employee injured on the job will receive full pay for a period of six (6) months following
the date of the injury. Full pay shall consist of supplemental compensation, defined as the
difference between the employee's gross pay which the employee would otherwise receive
and the amount of the employee's weekly workers' compensation benefit. During this period
the employee is entitled to accrue all their normal benefits, including but not limited to
vacation time, sick time, and personal days. After 30 days, the injured employee shall accrue
leave time based on the forty (40) hour (day shift rate). The City will maintain the employee
on the City's health plan, providing the employee continues to remit premium contributions
timely. The required premium contributions will be consistent with the current employee
• contributions level of contributions being paid prior to the work related injury. Failure to pay
premium contributions will result in cancellation of coverage. A disability requiring an
employee to be off the job for a period of six (6) months may be subject to the provisions of
the Retirement Plan.
32.3 All members are required to report any and all accidents resulting in injuries, even of a minor
nature, to their immediate supervisor. Failure to do so may result in jeopardizing their
Workers' Compensation coverage.
32.4 The City shall recognize that firefighters suffer from a high rate of heart disease,
hypertension, ulcers, and lung ailments or diseases as a result of their duties. Therefore, if an
employee is hired free from these ailments and at some time becomes affected, they will be
considered job-connected injuries, unless the City can make positive showing that the above
disease and ailments are not in the instance case, job-related. The City shall recognize
Florida Statute #112.18 pertaining to firefighter disability, and Florida Statute #440.
40
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ARTICLE 33
SICK LEAVE
33.1 The City and the Union agree to follow the prevailing rights on sick leave.
A. Employees may accrue a maximum of six hundred(600) hours of sick leave.
B. Upon retirement or termination in good standing,the employee will be reimbursed for
all sick leave accrued at the rate of pay at time of separation, with sixteen (16) hours
equal to one (1) shift.
C. After an employee has accrued three hundred sixty (360) hours of sick leave, at his
request, additional time will be added to his vacation hour for hour. This applies to
all time over three hundred sixty(360) hours.
D. The employee will be notified annually of the amount of sick time accrued.
E. Employees hired after January 1, 1994 may only convert 50% of earned leave at
termination unless termination is in the form of a retirement option through the City
of Dania Beach Police/Fire Retirement System in which case payout shall be at 100%
based on the employees prevailing rate of pay
F. The buyback procedure shall be as follows:
The maximum accrual for annual leave shall be six hundred (600)hours. Any
employee who has accrued over three hundred sixty(360) hours of sick leave shall be
bought down to three hundred sixty (360) hours on the last payroll period of each
January throughout the duration of this agreement. Upon request from an employee
sick leave shall be transferred to annual leave. For employees who have between
three hundred sixty (360) hours and six hundred(600) hours a letter can be sent to
Finance allowing said employee to accrue up to six hundred (600) hours.
33.2 Employees shall accrue eight(8) hours every month completed in sick leave.
33.3 Employees covered by this agreement shall have the option to use annual leave or any
other accrued time for illness when the employee's sick leave has been exhausted.
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ARTICLE 34
SENIORITY
34.1 There shall be two types of seniority, as follows:
Rank Seniority: The length of uninterrupted service in a specific rank within the Fire
Department, from the initial or adjusted date on which the employee first began permanent
service in that rank.
Department Seniority: The length of uninterrupted service with the City of Dania Beach Fire
Department, from the initial or adjusted date of employment with the Fire Department.
34.2 Seniority shall be used as follows:
1. Kelly Day selection: Most senior employee.
2. Vacation selection: Most senior employee.
3. Testing: An employee shall receive an additional (1/4) one fourth point on any
written promotional examination for each year of department seniority, up to a
maximum of five additional points.
• 34.3 The following events interrupt seniority:
1. Voluntary resignation, where the employee does not return to the department/position
within one year.
2. Discharge for Just Cause
Seniority shall continue to accrue during the duration of any paid leave or approved unpaid
leave (of up to six month's duration).
34.4 As of October 1, 2001 for any employees hired on the same date, the Seniority will be
determined by highest combined entrance exam scores.
34.5 Due to lost test scores, employees hired on December 7, 1994, seniority will be determined
one time by a lottery draw. This will go in effect at the beginning of this contract cycle and
will only be for Kelly Day selection and Vacation selection.
For personnel reduction refer to Article 41.
•
42
ARTICLE 35
MANAGEMENT RIGHTS
35.1 The City specifically and clearly reserves the exclusive right to manage, direct and
program the operations of this Fire Department. However, these rights must be
exercised consistent with the provisions of this agreement. The Dania Beach
Association of Firefighters and its members agree and recognize the right of the City
to direct the operation of the Fire Department.
35.2 Therefore, the City does reserve specifically, the exclusive right to hire, fire,
discipline for proper cause, lay-off, and promote employees. The City shall exercise
the right to transfer employees from time to time, and from location to location. The
City shall determine the policy under which employees may be rehired. The City
shall determine the number of hours and shifts to be worked per week, provided that
said determination is consistent with the provisions of this agreement regulating the
workweek and further shall determine the starting and quitting time of all employees.
35.3 The City shall endeavor to maintain and improve the efficiency of employees by
incentive and communication through the supervisory Administrative Services. The
• City reserves the right to sub-contract, expand, consolidate,merge any part thereof, or
to alter, combine, reduce, expand, assign or cease any job, or division.
35.4 The City shall have exclusive control over the use of any equipment or property of
the City used by the Fire Department and shall determine the location and operation
of any sub-headquarters and divisions thereof.
35.5 The City shall formulate departmental policies, rules, regulations, the size and
makeup of the work force, maintain a maintenance procedure, introduce changes in
services, facilities, materials and equipment, as well as determine the activities and
job locations of specific assignments in the City. Should the City fail to exercise its
rights in any of the above functions from time to time, this shall not be construed or
deemed a waiver of the City's prerogative to exercise any or all of the listed functions.
The City reiterates that any right, privilege or function of the City not specifically
released or modified by the City in this agreement shall remain exclusively with the
City.
•
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• ARTICLE 36
DIRECT DEPOSIT
36.1 The City agrees to provide direct deposit for employees to the employees' selected
financial institution. Direct deposit shall be made to a maximum of three (3)
accounts.
ARTICLE 37
SAFETY COMMITTEE
37.1 The Committee shall establish its own rules subject to approval by the Chief.
37.2 The Committee shall discuss safe work practices.
37.3 The Chief will submit a written answer to the Safety Committee and submitting
• employee for written safety suggestions.
37.4 All safety suggestions submitted by Department employees shall be forwarded to the
Safety Committee for review and recommendations. Safety items may also be
brought to the meetings by Committee representatives.
37.5 The committee shall be allowed to investigate and research possible safety health or
procedural problems related to health or safety that may exist, as long as the
investigation does not interfere with day-to-day operation of the Department. Such
investigation may be done during the employee's work shift with the prior approval
of the Department or on the employee's day off without compensation. In the case of
death or serious injury, the Fire Chief, in advance, may authorize off-shift
compensation for reasonable hours worked on the investigation.
37.6 The Committee shall make written recommendations for correction of any problem
identified.
37.7 The City shall contribute $30.00 per member to the Union in January of each year to
promote research and educate its members on firefighter health and safety.
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ARTICLE 38
LABOR MANAGEMENT COMMITTEE
38.1 The City and the Union agree to establish a labor-management committee effective
October 1, 1987. This committee will be comprised of four(4) members. Two (2)
members representing management will be the Fire Chief and the Human Resource
Director. Two (2) representatives of the Union will be chosen by the Union.
38.2 This Committee will meet quarterly, or upon request of either party.
ARTICLE 39
EMERGENCY MEDICAL ASSIGNMENT
39.1 Shift personnel assigned to rescue shall receive a five percent (5 %) assignment
upgrade when assigned on a rescue vehicle for a 24 hour shift worked.
39.2 For the purposes of this agreement Medical Assignment pay will be paid hour for
hour worked.
•
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ARTICLE 40
PHYSICAL EXAMS
40.1 The City agrees to pay for the cost of annual and voluntary physical exams for Fire
Department employees.
40.2 The annual physical exam shall include at least the following:
1. History and Physical
2. Physician Consultation
3. Lead EKG with interpretation
4. CBC with Platelets
5. Chest X-Ray, 2 views with interpretation
6. Vision Screen Test
7. Color Blind Vision Test
S. Hepatitis Panel I1, Acute
9. HIV Western Blot
10. PPD Skin Test
11. Pulmonary Function Test with interpretation
12.Hearing Test
® 13. SMAC 21
14. Lipid Profile
15. Urinalysis
16. Males—Hernia Check, Prostate Check with PSA test
17. Females—Bi-Lateral Screening Mammogram, PAP Smear, Hemoccult check
40.3 All items listed above will covered by the City, but not to exceed $500.00 dollars in the first
year of this agreement.
40.4 The City will allow a 10% increase allowance per year and thereafter for the cost of the
annual physical.
40.5 The annual physical exam shall be provided by a mutually agreed upon provider.
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ARTICLE 41
SAVING CLAUSE
41.1 If any article or section of this agreement should be found invalid, unlawful, or not
enforceable by reason of any existing or subsequently enacted legislation or by
judicial authority, all other articles and sections of this agreement shall remain in full
force and effect for the duration of this agreement.
41.2 In the event of the invalidation of any portion of this agreement, both the City and
Local 3080, International Association of Fire Fighters agree to meet within thirty (30)
days of such determination for the purpose of agreeing to a replacement of such
portion(s) of the agreement found to be invalid.
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ARTICLE 42
DRUG/ALCOHOL FREE WORKPLACE
F.S. l 12.0455 Drug-Free Workplace Act
Intent:
To maintain a healthy and productive workforce, safe working conditions free from the effects of drugs, and
quality products and services is important to employers,employees,and the general public. Workplace drug
use creates a variety of workplace problems, including increased injury on the job, increased absenteeism,
increased financial burden on health and benefit programs, increased workplace theft, decreased employee
morale, decreased productivity,and a decline in the quality of products and services.
In balancing the interests of employers, employees and the welfare of the general public, the establishment of
standards to assure fair and accurate testing for drugs in the workplace is in the best interests of all.All drug
testing conducted by employers shall be in conformity with the standards established by law. However,no
testing of employees shall take effect until local drug abuse assistance programs have been identified(F.S.
112.0455(6)(a,b)(1011))
42.1 All applicable laws in accordance with F.S. 112.0455 including but not limited to Purpose,
definitions,notice to employees,types of testing agreed upon(below),procedures and employee
• protection, confirmation testing, confidentiality, drug testing standards and laboratories, rules,
discipline remedies,non-discipline remedies, federal compliance shall be
strictly adhered to.
42.2 The City has the right to randomly select an employee to submit to a drug test (see definition 1). In
addition the city may require an employee to submit to a drug test when it has a reasonable suspicion
that the employee to be tested is under the influence of or using illegal drugs or narcotics (see
definition (2)). The term "random" and "reasonable suspicion", for the purposes of this article, shall
be defined as follows:
(1) "Random" shall mean that, the city may test two employees each fiscal year quarter,
through a randomized computer selection (Excel random number generator). Such
selection will be witnessed by the Union's Divisional Vice President or his/her
designee. The Union shall be permitted to choose random selection criteria i.e.
(highest number generated, lowest number generated., second number generated,
etc.) No employee will be required to submit to drug testing more once in a twelve-
month period.
48
(2) "Reasonable suspicion" in accordance with F.S. 112.04550)(1-6) shall mean drug testing
based on a belief that an employee is using or has used drugs drawn from specific
objective and articulable facts and reasonable inferences drawn from those facts in
light of experience. Reasonable suspicion drug testing shall not be required except
upon the recommendation of a supervisor who is at least one level of supervision
higher than the immediate supervisor of the employee in question.
(a) Such behaviors must be observed by the officer-in-charge or higher ranking
employee and the Fire Chief or his designee. The employee will be offered an
opportunity to offer such explanation to the observing officers prior to being
ordered to take the drug test. No drug testing may be conducted without the
written approval of the Fire Chief or his designee and either the City Manager or
the Personnel Director. Said approval shall indicate who is to be tested and the
specific reason that the test was ordered, including the specific objective fact
constituting reasonable suspicion and the names of any source(s) of all the
information. A copy of this written document shall be provided to the employee
being required to submit to the test.
42.3 Refusal to submit to drug testing after being ordered to do so may result in disciplinary action up to
and including termination.
42.4 Drug testing procedure. Drug testing procedures shall be in compliance with F.S. 112.0455 Drug-
Free Workplace Act and F.A.C. Chapter 59A-24 Drug-free workplace standards.
42.5 Urine and/or blood specimens shall be drawn or collected at the laboratory,hospital or medical
facility at which the specimen is to be tested. Urine sample collection will be unwitnessed unless
there is a reason to believe that a particular individual may alter or substitute the specimen to be
provided. If a witness is necessary, as stated above,the witness shall be the same sex as the
employee being tested. A Union representative shall be allowed to accompany the employee to the
test and observe the collection of specimen. All specimens shall be handled in accordance with
F.S. 112.0455 Drug-Free Workplace Act and F.A.C. Chapter 59A-24 Drug free workplace standards
in the presence of the employee and Union representative, if present.
42.6 In addition to the two samples required under F.S. 112.0455 Drug-Free Workplace Act and F.A.C.
Chapter 59A-24 Drug-free workplace standards, a third sample will be collected at the same time as
the other samples. In the event that an employee "tests positive" on the two required samples the
employee will be given an opportunity to test the third sample at a laboratory selected by the Union
49
so long as chain of custody procedures are followed. The cost of testing the third sample shall be
borne by the employee. The failure of the employee to have the third test performed or to present the
results to the City shall not be used against the employee as a basis for discipline and shall not be
introduced or referred to in any arbitration or appeal proceeding. In the event the City's tests prove
positive,the employee shall then have 72 hours to present to the City any different results from the
test of the third sample. After considering the results of the third test presented by the employee, if
presented,the City may discipline the employee subject to the just cause requirements of this
agreement.
42.7 The following standards shall be used to determine what levels of detected substances shall be
considered positive. The Union and the City agree upon the follow list for purposes of this article.
Drug Screening GC-MS Confirmatory Test
Amphetamine 1000 NG/ML 500 NG/ML
Marijuana 100 NG/ML Delta-THC 15 NG/ML
Cocaine 300 NG/ML Metabolite 150 NG/ML
Opiates 2000 NG/ML Morphine 2000 NG/ML Morphine
PCP 25 NG/ML PCP 25 NG/ML
Methoqualone 300 NG/ML 150 NG/ML
Barbiturates 300 NG/M 150 NG/ML
Propoxyphene 300 NG/ML 150 NG/ML
Methadone 300 NG/ML 150 NG/ML
F.S. Chapter 59A-Drug-free workplace standards
42.8 Each employee shall have the right to challenge the City's adherence to the contractual requirements
of the drug testing set forth herein in the same manner that the employee may grieve any contractual
article.
42.9 At the conclusion of the drug testing, in the event a positive test is indicated on two specimens, the
City may take disciplinary action. In the event said disciplinary action is taken, the employee may
grieve said discipline through the contractual grievance/arbitration procedure. Any discipline
imposed for the first offense during the term of this agreement shall be held in abeyance pending
voluntary completion by the employee of a substance abuse treatment program mutually agreed upon
between the City and the employee, the cost of which shall be covered by the.City's group health
• insurance program as with any other illness. If the employee successfully completes such program
and does not again test positive for substance abuse during his employment with the City, the
50
disciplinary action taken for the substance abuse violation shall not be used as the basis for future
disciplinary/adverse action pertaining to promotional eligibility,transfer opportunity or non-substance
abuse related infractions
42.10 Test results may be released to the employee and the Union if any proceeding is held regarding
disciplinary action on account of a positive drug test result.
42.11 Employees who seek voluntary assistance for alcohol and substance abuse may not be disciplined for
seeking such assistance. Requests from employees for such assistance shall remain confidential and
shall not be revealed to other employees or officers without the employee's written consent.
Employees enrolled in substance abuse programs as out-patients, shall be subject to all City rules,
regulations and job performance standards, with the understanding that an employee enrolled in such
a program is receiving treatment for an illness.
•
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• ARTICLE 43
PERSONNEL REDUCTION
43.1 In the event of Personnel reduction or elimination of position, employee shall be laid
off in the inverse order of their seniority in the department, provided however, that
where two (2) or more employees have seniority standing within sixty (60) days of
each other, the City shall determine the order of layoff based on education, and the
last written performance evaluation.
When an employee is laid off due to a reduction in the work force, they shall be
permitted to exercise their seniority right to bump or replace an employee in the same
classification grouping with less seniority if they are qualified to do the job.
Employees may, if they so desire, bump an employee in an equal or lower job
classification provided the bumping employee has greater seniority than the employee
he bumps and has the ability to perform the job. Qualification and ability to do the
job shall be determined as prescribed in Article 11.
43.2 Employees shall be recalled from layoff in accordance with their seniority in the
department. No new employee shall be hired until all employees on layoff status
have had an opportunity to return to work; however, such employees may be required
to pass a pre-employment medical examination at time of recall to establish ability to
perform essential job functions. No laid off employees shall retain recall rights
beyond twelve (12)months from date of layoff.
43.3 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.
52
• ARTICLE 44
RETIREE HEALTH SAVINGS PLAN
44.1 The City of Dania Beach agrees to participate in a retiree health savings plan for
employees covered under this agreement. The City shall select a company to prepare
a retiree health savings plan for review and implementation by the parties. It is
understood and agreed that the City shall not contribute any monies to the retiree
health savings plan.
ARTICLE 45
DURATION OF AGREEMENT
45.1 This agreement shall be effective upon ratification. This agreement shall remain in
full force and effect until September 30, 2007.
45.2 There shall be no re-openers with the exception of those Articles in which so stated.
45.3 This agreement shall automatically be renewed at the termination date, September 30,
2007, unless either party notifies the other in writing at least one hundred (100) days
prior to the termination date of the Article (s) it wished to modify or add to the
agreement, Notification to the City shall be in writing from the President of Local
3080 to the City Manger by certified mail, return receipt requested. Notice to the
Union shall be delivered to the President of Local 3080 by certified mail, return
receipt requested.
•
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• ARTICLE 46
DEFINITIONS
BARGAINING UNIT: Understood to mean the Dania Beach Association of Fire Fighters,
Local 3080, International Association of Fire Fighters.
DEPARTMENT: Understood to mean the City of Dania Beach Fire Department.
MEMBER: Understood to mean any member of the bargaining unit also referred
to in this agreement as person(s), Administrative Services, fire
fighters, engineer/operators, lieutenants, paramedics, EMTs,and crew
chiefs, etc.
KELLY DAY: Understood to be a 24-hour period for which a member is paid
but does not work; assigned for the purpose of reducing the average
hours in a workweek; also traditionally known as a "Kelly day".
SHIFT: Understood to mean a 24-hour duty worked by members of the
bargaining unit who do not work other hours as described in this
article as "working day".
WORKING DAY: Understood to mean work days of eight hour periods which generally
excludes weekends and holidays; worked by members not assigned to
shifts as described in this article.
OFFICER: An employee occupying a position above the rank engineer/operator.
EMERGENCY: The following situations:
Workers Compensation
Illness or Injury over two shifts
Any Natural Disaster
Suspensions, Tenninations, or Leave of Absence
Retirement, Demotion, or Promotion
UNSCHEDULED LEAVE: Unscheduled leave for the purposes of this agreement is any leave of
any type requested, granted, and/or approved less than 96 hours in
advance of the need for overtime, which is the first hour in which the
employee on leave would have otherwise worked.
•
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• SIGNATURES
FOR THE CITY OF DANIA BEACH: WITNESSED:
Anne May
Iv 'Pak' City Manager
1 7,7�)/L
Louise Stilson, City Clerk
FOR THE UNION: WITNESSED:
e2
DATE:
APPROVED Fj FORM AND CORRECTNESS:
BY:—
Thomas J' Ansbro
City Aitorney
•
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7.15 Grievance Forms Appendix "A"
METRO BROWARD ]L®CAI, 3080,
304 NE 1 Street, Pompano Beach, FL 33360
Phone: 954-783-1250 — Fax: 954-783-1776
DISTRICT 1, DANIA
EMPLOYEE GRIEVANCE FORM
Step 1 — Supervisor Date Submitted:
Step 2 — Deputy Chief Date Submitted:
Step 3 — Fire Chief/ Class Action Date Submitted:
Step 4 — City Manager Date Submitted:
Arbitration File Date: Date Submitted:
This form is to be completed by each employee requesting the union to file a
grievance. When the form is completed the form shall be faxed to the union office.
Name:
Rank:
Shift: Station:
Mailing Address:
City: Zip:
Off-duty telephone(s)
What happened to you to cause to want to file a grievance? (Include names, dates, places,
article(s) of the contract that has been violated etc.):
•
What should be done to remedy your grievance?
Attach a copy of any notice, letter or form which you received from the City which is the
basis for this grievance.
Are you a union member?
I hereby request Dania Professional Fire Fighters Local 3080 to process the above
grievance. I understand that the union has the authority to process, advance drop, settle,
compromise, or arbitrate this grievance according to the best interests of the bargaining
unit employees, the union, and me.
Signed: Date:
RECEIVED by Local 3080 on (date)
By: Office:
METRO BROWARD LOCAL 3080,
304 NE 1 Street, Pompano Beach, FL 33360
Phone: 954-783-1250 — Fax: 954-783-1776
GRIEVANCE REPLY
This grievance shall be hand delivered or sent by certified mail to:
To the Battalion Chief Office
116 West Dania Beach Blvd.
Dania Beach, FL 33004
Step 1 — Supervisor Date:
I grant the grievance. The date on which the remedy will be implemented is described in
the space below.
I deny the grievance for the reasons set forth in the space below.
• I am offering to settle the grievance on the terms described in the space below.
Signed:
Rank or Position
Date:
RECEIVED BY UNION REP.
BY:
. COPY GIVEN TO GRIEVANT ON BY:
METRO BROWARD LOCAL 3080,
304 NE 1 Street, Pompano Beach, FL 33360
Phone: 954-783-1250 — Fax: -954-783-1776
GRIEVANCE REPLY
This grievance shall be hand delivered or'sent by certified mail to:
The Deputy Chief s office
102 West Dania Beach Blvd.
Dania Beach, FL 33004
Step 2 —Deputy Chief Date:
I grant the grievance. The date on which the remedy will be implemented is described in
the space below.
I deny the grievance for the reasons set forth in the space below.
I am offering to settle the grievance on the terms described in the space below.
Signed:
Rank or Position
Date:
RECEIVED BY UNION REP.
BY:
. COPY GIVEN TO GRIEVANT ON BY:
METRO BROWARD LOCAL 3080,
304 NE 1 Street, Pompano Beach, FL 33360
Phone: 954-783-1250 — Fax: 954-783-1776
GRIEVANCE REPLY
This grievance shall be hand delivered or sent by certified mail to:
The Fire Chief or his/her Designee
102 West Dania Beach Blvd
Dania Beach, FL 33004
Step 3 —Fire Chief/ Class Action Date:
I grant the grievance. The date on which the remedy will be implemented is described in
the space below.
I deny the grievance for the reasons set forth in the space below.
I am offering to settle the grievance on the terms described in the space below.
Signed: ,
Rank or Position
Date:
RECEIVED BY UNION REP.
BY:
COPY GIVEN TO GRIEVANT ON BY:
METRO BROWARD LOCAL 3080,
304 NE 1 Street, Pompano Beach, FL 33360
Phone: 954-783-1250 — Fax: 954-783-1776
GRIEVANCE REPLY
This grievance shall be hand delivered or sent by certified mail to:
City Manager's office
100 West Dania Beach Blvd.
Dania Beach, FL 33004
Step 4 — City Manager Date:
I grant the grievance. The date on which the remedy will be implemented is described in
the space below.
I deny the grievance for the reasons set forth in the space below.
® I am offering to settle the grievance on the terms described in the space below.
Signed:
Rank or Position
Date:
RECEIVED BY UNION REP.
BY:
COPY GIVEN TO GRIEVANT ON BY:
METRO BR®V6�A LOCAL 3080,
304 NE 1 Street, Pompano Beach, FL 33360
Phone: 954-783-1250 — Fax: 954-783-1776
DEMAND FOR ARBITRATION
To: City Manager
100 West Dania Beach Blvd.
Dania Beach,FL 33004
From: Metro-Broward Professional Fire Fighters,Local 3080
Re: Grievance filed on behalf of
•
Name Rank,Tittle
The reply to the above grievance which you signed on(date) is not
acceptable to the union.
We demand arbitration of this grievance and have requested the FMCS to send us each a panel of
arbitrators.
We are still willing to settle this grievance should you wish to discuss it further.
Signed: Office:
Date:
COPY GIVEN TO GRIEVANT BY: ON
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• LETTER OF UNDERSTANDING
ANIENDIVIENT TO THE COLLECTIVE BARGAINING AGREEMENT
It is the intention of the membership of District 1, Dania Beach, Nletro-Broward
Professional Firefighters, Local 3080, to cooperate with the City of Dania Beach to facilitate a
timely Request for Proposal as it pertains to Group Health Insurance. It is further agreed upon by
the Union and the City to allow for a re-opener for Group Health Insurance as it pertains to the
Benefits of that plan for the second year of the contract which will commence October 1, 2005.
Any impasse on the specifics of the insurance benefits shall be resolved though the PERC
process, utilizing a Special Magistrate to resolve the impasse.
15.1 It is further agreed upon that City will provide medical, dental, vision, and short-
term disability insurance for employees, and their dependents. Employees will be
permitted to change their benefit election only once each year on the renewal date,
unless there is a major lifestyle change in the individuals' life.
15.2 The City agrees to pay the premium for medical, dental, vision and short term
disability insurance for the employees and their dependents. Employees with
dependent coverage will be responsible for $31.25 per pay period commencing
October 1, 2005. Employees with dependent coverage insurance will be responsible
for $37.50 a pay period commencing October 1, 2006. All aspects of the group
insurance plan shall remain unchanged for the duration of the agreement.
• 15.3 The City shall provide life insurance for the employee with a policy amount equal
to at least two(2)times the employees' annual salary not to exceed $50,000.00.
15.4 The City agrees to allow the Union to establish its own group insurance plan,
provided that notice is given to the City a minimum of one hundred eighty (180)
days in advance. Should the Union decide to establish its own group insurance
program, the City agrees to pay the Union, the same dollar amount per employee and
dependents that the City pays for the other employees of the City and their
dependents. The City will also continue to deduct amounts required, in excess of the
City's contribution to the Union plan from the employees' paycheck and remit the
same along with the City's contribution, to the Union, within thirty (30) days. The
union agrees to waive their rights to withdraw from the City's plan in the first and
second years of the agreement.
The City and the Union agree not to reopen 15.1 through 15.4 as specified in this agreement for
the life of the contract. All other portions may be reopened for the second year and will be
subject to the Special Magistrate process.
This agreement shall be ratified by the City Commission and members of Dania Beach, District 1,
Metro-Broward Professional Firefighters, Local 3080. Date:
Ivan Pato, City M ager Richard Sieb, District Vice President
Cinhf Day is Beach DVP, Metro-Broward Professional Firefighters