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HomeMy WebLinkAboutR-2001-192 RESOLUTION NO. 2001-192 Ii A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF DANIA AND THE DANIA ASSOCIATION OF FIREFIGHTERS, LOCAL 3080, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, COVERING THE PERIOD FROM OCTOBER 1, 2001, THROUGH SEPTEMBER 30, 2004; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA: Section 1. That certain Collective Bargaining Agreement between the City of Dania Beach and the Dania Association of Firefighters, Local 3080, International Association of Firefighters, which agreement is attached and made a part of this resolution as Exhibit "A", 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 That all resolutions or parts of resolutions in conflict with this resolution are hereby repealed to the extent of such conflict.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 THIS 9th DAY OF OCTOBER, 2001. PAT FLURY MAYOR- COMMISSIONER ROLL CALL: COMMISSIONER BERTINO- YES CHARLENE J NSON COMMISSIONER MCELYEA-YES CITY CLERK COMMISSIONER MIKES - NO VICE-MAYOR CHUNN -YES MAYOR FLURY -YES APPROVED AS TO FORM AND CORRECTNES By: r - HO A�f J. AN§BRO CITY ATTORNEY RESOLUTION NO. 2001-192 COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITE' OF DANIA BEACH AND THE DANIA BEACH ASSOCIATION OF FIREFIGHTERS, LOCAL 3080, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS OCTOBER 1, 2001 Through SEPTEMBER 30, 2004 TABLE OF CONTENTS ARTICLE # ARTICLE TITLE PAGE 1 GENERAL 5 2 RECOGNITION 6 3 BULLETIN BOARDS 7 4 PAYROLL DEDUCTION OF DUES 8 5 SEMINARS AND UNION BUSINESS 9 6 DISCRIMINATION 10 7 GRIEVANCE PROCEDURE 1 1 • 8 OVERTIME PAY 14 9 TEMPORARY UPGRADING 16 10 PROMOTIONAL EXAMINATIONS 17 11 PROMOTIONAL ELIGIBILITY, AND DURATION OF LISTS 20 12 CERTIFICATION OF PROMOTIONAL LISTS AND APPOINTMENT PROCEDURE 22 13 HOURS OF DUTY 2 3 14 BEREAVEMENT PAY 24 15 GROUP INSURANCE 21 ARTICLE # ARTICLE 'TITLE PAGE • 16 LONGEVITY PAY 27 17 ANNUAL LEAVE 28 18 UNIFORM MAINTENANCE AND LOSS OR DAMAGE OF PERSONAL GOODS 30 19 UNIFORM AND EQUIPMENT 31 20 HAIR CODE 33 21 PENSION 34 22 PAY SCALE 39 23 STRIKES 40 ® 24 PREVAILING RIGHTS 41 25 SHIFT EXCHANGE 42 26 MINIMUM RESPONSE MANNING 43 27 TRAINING AND PERSONAL TIME 44 28 VOLUNTEER SEPARATION 45 29 DURATION OF ORDERS 46 30 EDUCATIONAL REIMBURSEMENT 47 31 ON-TI-IE-.IOB INJURIES 48 • 3 ARTICLE # ARTICLE TITLE PAGE . 32 VEHICLE ACCIDENTS 50 33 SICK LEAVE 51 34 SENIORITY 52 35 EDUCATIONAL INCENTIVES 53 36 MANAGEMENT RIGHTS 54 37 DIRECT DEPOSIT 55 38 SAFETY COMMITTEE 56 39 LABOR MANAGEMENT COMMITTEE 57 40 EMERGENCY MEDICAL ASSIGNMENT 58 41 PHYSICAL EXAMS 59 42 DEFINITIONS 60 43 SAVINGS CLAUSE 61 44 SUBSTANCE ABUSE TREATMENT 62 45 DURATION OF AGREEMENT 65 46 PERSONNEL REDUCTION 66 CONTRACT AGREEMENT SIGNATURES 67 APPENDIX: PAY SCALE EFFECTIVE OCTOBER 1, 2001 4 ARTICLE 1 GENERAL: The City of Dania Beach Beach, hereinafter referred to as the "City", and Local 3080 of the International 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, for the purpose of bargaining with the respect to wages, hours of work, 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 LA.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 term hereof. L� ARTICLE 3 BULLETIN BOARDS 3.1 The employer agrees to furnish and maintain 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. • 7 / 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 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. s ARTICLE 5 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 manning 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. 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. i 10 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. 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 follmN,i110 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 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, his representative, if needed, the aggrieved employee and the Union representative(s), within ten (10) working days after receipt of the grievance. The City Manager 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 the submission of grievance 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 --rievance form. a complete statement of the grievance and the facts upon which it is based. 12 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. 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. 7.1 i 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. 13 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 Article 26, Minimum Response Manning, of this agreement, and if the position cannot be filled by on-duty response shift Administrative Services upgrading. 8.3 Overtime, when required, will be issued position for position, i.e., Battalion/Deputy Chief for Battalion/Deputy Chief, Captain for Captain, Rescue Lieutenant for Rescue 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, Rescue Lieutenant and Engineer Operator and Paramedic/EMT/Firefighter. There shall be no downgrading from rank to work an overtime shift. (See Appendix 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 will be paid at $75.00. 14 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. 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 The employee designated as the "temporary or part time temporary" may be used to meet the minimum manning requirements. 8.10 When an 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 Sclock. 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. 9.2 For an employee to be upgraded, the employee must be ranked within the top three (3) positions of the promotion eligibility list as prescribed in Article 11. If any of these employees, ranked in the top three (3) positions are not available to work, as regularly scheduled, then employees with the next lower ranking on the promotional eligibility list may 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. 9.3 Training candidates will work without upgraded pay in order to gain on-the- job experience, provided that minimum manning has been met by regular staff. 9.4 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 through Article 26. 16 ARTICLE 10 PROMOTIONAL EXAMINATIONS ' 10.1 Promotional examinations shall be given for the following ranks: A. Engineer/Operator B. Rescue Lieutenant C. Captain D. Training Officer E. 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. That the written portion of these examinations will be given as follows: Captain/ Training Officer / EMS Captain exam will be given in May 2003. Engineer Operators exam will be given in November 2002. Rescue Lieutenant exam will be given in March 2002. The Battalion Chief exam will be given in February 2002. Future examinations for these ranks shall be given biennially in the months indicated for each respective rank. However, in no case shall one hundred twenty (120) days elapse after a vacancy is created in a position, before an examination is given. 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: o Date/Time/Place of examination ® Administering Agency of examination © Minimum Requirement for candidate taking examination © I-low to apply for examination e Reference materials including specific chapters. e Where to purchase materials for the examination. a Grading Criteria for examination. y 17 10.5 For purposes of all Fire Department related examinations if 75% or 1/4 of the population taking the examination misses the same test question, then the 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. 10.7 The ranks and positions of Deputy Chief, EMS Captain, Fire Marshal, Training Officer, and Fire Inspector shall be appointed positions. 10.7 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. 10.8 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. 10.9 No vacancy shall remain open for more than 90 days before being filled from the current promotional eligibility list. 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. I fan 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 wliieli the list is exhausted. Tliat test shall be given in place of-the next regularly scheduled exam. The results of the exam will remain in full I 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. 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 1998, and the next regularly scheduled exam is scheduled for May 1999, all individuals who would be eligible to take the exam in May 1999 will be allowed to take the November exam. Seniority points will be calculated as if the test were given on the date regularly scheduled. 19 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 exam with a 70% or better. • Rescue Lieutenant, minimum standards A. At least three (3) years in service with the Dania Beach Fire Department. B. A minimum nine (9) credit hours in allied health. C. A current state of Florida paramedic license. D. Pass all parts of 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 Department. C. Licensed by Broward County and the State of Florida as a municipal fire inspector. 20 Fire Marshal, minimum standards A. At least four (4) years in service with Dania Beach Fire • Department. B. 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. 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. Pass all parts of Captains exam with a 70% or better. • EMS Captain, minimum standards A. At least five (6) 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 1. C. Have previously been on eligibility list for lieutenant. Battalion Chief/ Deputy Chief minimum standards A. At least seven (7) years in service, two (2) years as a Captain with Dania Beach Fire Department. 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. • 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 City's Administrative Services Director. 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. 12.3 Promotions shall be made from the certified promotional list. If two (2) persons are on the list, the Fire Chief may choose between the two (2) employees eligible. 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 may be given with the discretion of the Fire Chief. 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. 12.4 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. 12.5 When a list is deemed exhausted. Those people remaining on the list may act in an upgrade position until a new list is created. • 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"') 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 (18°i) Kelly day will be added to employees' sick time on September 301h of each year. 23 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 four (4), eight (8) hour days for those employees assigned to days. 14.2 It is agreed that the term "immediate family," means an employee's wife or husband, and the employee or their spouse's mother, father, sister, brother, son, daughter, grandmother, grandfather, granddaughter, and grandson. 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 non-immediate relative or a step-relative, the Fire Chief may authorize sick leave with pay at his discretion, with the approval of the Administrative Services Director. 24 ARTICLE 15 GROUP INSURANCE 15.1 The City agrees to provide medical and dental insurance for the employees and their dependents. The City will offer various levels of benefits through a cafeteria program. Employees will be permitted to change this 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 and dental insurance for the employees and their dependents. Employees with dependent coverage will be responsible for $10.30 per pay period in the first year of this Agreement. Employees with dependent coverage will be responsible for $11.30 per pay period in the second year of this Agreement. Employees with dependent coverage will be responsible for $12.30 per pay period in the third year of this Agreement. The City will maintain the same level of coverage for the duration of this agreement as specified in Health Plan Appendix attached. 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 other employees of the City and their dependents, at the time said program goes into effect. 15.5 The City will also continue to deduct amounts required, in excess of the City's contribution to the Union plan from the employees' paychecks and remit the same along with the City's contribution, to the Union, within thirty (30) days. 15.6 The City will continue to provide an 80% benefit for PPO and Non-PPO providers as long as an employee or his/her dependents utilize a PPO physician initially, if available. A 60% benefit will be provided if a PPO physician is not consulted initially. h1 those cases where a PPO recommends a Non-PPO physician, specialist, hospital or facility, an employee or his/her dependents will be covered at 80%. 25 15.7 In the case of an emergency a Non-PPO physician and hospital will be covered at an 80% benefit. 15.8 A prescription drug card will be provided to the employee and his/her dependents. Prescription cost will remain at five dollars ($5.00) per individual prescription for drugs. 6 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, 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% 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. 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. 16.5 Longevity for new hires will remain as currently provided. However, the longevity article will be reviewed as part of the pay-for-performance study, which will be undertaken in the first year of this agreement. In the year immediately following the completion of the pay-for-performance study, Longevity article for new hires will be re-opened for the purpose of negotiating the implementation of the recommendations developed in the pay- for-performance study. The City will give the Union 90 day's written notice in order to commence these negotiations. % G/ ARTICLE 17 • ANNUAL LEAVE 17.1 Employees will have the option of continuing the current practice of having holidays added to their annual leave or receiving payment for holidays. Employees may convert up to 160 hours or more per calendar year with the approval of the Fire Chief. (See rules in appendix section) 17.2 The City and the Union agree that the shift employees will be granted annual leave in accordance with the following schedule: O1 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 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 It is further agreed by the City that the members of the Tire Department shall be allowed to split their individual annual leave one (1) time. 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. In the event that the City denies such use of annual leave the member so denied shall be allowed accumulate an amount in the excess of the two (2) year limit not to exceed the amount denied by the City. Any member who maintains an annual leave balance in excess of the two (2) year limit on October 1, 2001 shall be considered to have been denied use of annual leave and grand-fathered as to the balance so maintained. 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. 28 i 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. ARTICLE 18 UNIFORM MAINTENANCE, 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. It is also agreed that the Union will appoint a three (3)-member board to investigate each loss or damage and forward their recommendation to the Fire Chief. 30 J r ARTICLE 19 UNIFORMS AND EQUIPMENT 19.1 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 as designated by the Fire Department 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 as designated by the Fire Department Fire Prevention Administrative Services: Same as firefighters with - 5 white shirts 19.2 Every Fire Department employee shall be issued a set of bunker gear consisting of the following: 1 helmet with straps 1 bunker jacket l pair of bunker pants with suspenders 1 pair of bunker boots 1 pair of gloves 1 nomex hood 1 bunker gear bag 19.3 Every employee shall be issued a copy of the City employee manual, the Civil Service Rules, 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. 19.4 The Fire Department will provide black work boots as needed. 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. 19.6 Any uniforms, bunker gear, and equipment shall be replaced by the City if it becomes worn, damaged, lost, or obsolete, at no cost to the employee. 19.7 The City shall pay for all the cleaning and repairs of uniforms, bunker gear, or equipment. 32 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. J/ 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 85%. 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 whic wi enable an employee to retire on the first day of the month coincident with of ❑e 34 i�,: 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 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 is deferred retirement option plan, membership in the system shall terminate and neither the employee nor employer contributions shall be payable. 3> 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 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 lie 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 durin(I the period of' participation shall not be payable to the individual until he or she terminates 36 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; 1 l.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 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. I I.H. 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 iii. 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 «-ill 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 37 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. 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(l)(a) shall be 25 years of continuous service or age 55 and 8 years Iof 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 years 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. 21.10 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. ' Previously 10 years Previously 10 years 3 Previously 10 years 4Previously 5 years Previously 30 years Change from 2% 38 ARTICLE 22 PAY SCALE 22.1 All employee members will receive a wage increase which shall be added to their current base pay. The current pay scale will be-increased in accordance with the timetable below: 10/01/2001 - 3% Appendix A 10/01/2002 - 4% Appendix B 10/01/ 2003 and every year there after-3.5% or CPI, which ever is higher, up to a maximum of 5%, % using CPI for All Urban Consumers Area Miami-Fort Lauderdale, All items August 2002 through August 2003.Appendix C 22.2 The above listed (see Appendix A) pay rates are for Fire Fighter, Engineer/Operator, and Lieutenant. Additional ranks and assignments shall be paid as follows: Engineer/Operator 10% above Fire Fighter Fire Inspector 10% above Fire Fighter Rescue Lieutenant 1.0% above Fire Fighter Captain 10% above Engineer/Operator EMS Coordinator (Rank of Captain) 5% above Captain Fire Marshall (Rank of Captain) 5% above Captain Battalion Chief 10% above Captain Deputy Chief 10% above Battalion Chief 22.3 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. 22.5 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. 39 ARTICLE 23 STRIKES 23.1 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. r I 40 ARTICLE 24 ® PREVAILING RIGHTS 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. 41 ARTICLE 25 • SHIFT EXCHANGE 25.1 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. 25.2 The Battalion Chief 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. 25.3 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 or higher rank than the employee requesting a shift exchange, or an employee on the current eligibility list for the requesting employees rank. 25.4 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. • i ' 42 ARTICLE 26 MINIMUM RESPONSE STAFFING 26.1 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. 26.2 Effective 10/01/2001 the City will continue to have a 11-person minimum. 1 Battalion Chief 2 Captain 2 Engineer Operators 2 Rescue Lieutenants 4 Firefighter/Paramedic/EMT 26.3 Effective 10/01/ 2002 the City will continue to have a 11-person minimum. ,1 Battalion Chief 2 Captain 2 Engineer Operators 2 Rescue Lieutenants 4 Firefighter/Paramedic/EMT 26.4 Effective 10/01/2003 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 26.5 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. 43 ARTICLE 27 TRAINING AND PERSONAL TIME 27.1 Two hours per each weekday shall be required for the study and training of our profession. 27.2 Two hours per each weekday will be personal time. 44 ARTICLE 28 VOLUNTEER SEPARATION 28.1 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. i 45 ARTICLE 29 DURATION OF ORDERS 29.1 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. • • 46 ARTICLE 30 EDUCATIONAL REIMBURSEMENT 30.1 The City agrees to reimburse all Fire Department employees for educational registration, tuition, and fees, upon completion of any Fire Service seminar or Fire Science Certificate of Degree course. 30.2 Fire Department employees who have received A.S. degrees in Fire Science and who wish to continue their education in a job-related field will receive additional registration, tuition and fees. The registration, tuition and fees will be paid at public University/College rates. The exception will be when the courses are not offered at the public University/College, then the registration, tuition and fees will be paid at their normal rate. 30.3 The employee must notify the City prior to registration of said educational training for approval by the Fire Chief, Administrative Services Director and the City Manager. 30.4 To be eligible for reimbursement, the employee must obtain a grade of"C" or ® better for each course. 30.5 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. 47 v ARTICLE 31 ON-THE-JOB-INJURIES • 31.1 Those employees covered by this agreement that are injured in the line of duty and whose condition requires hospitalization, shall have the right to select their own hospital and their own physician, but only after they have exhausted the availability of a City authorized physician. The choice shall be made by the injured, or, if his condition prevents him from making his choice, by the officer-in-charge. 31.2 When a member has suffered an injury in the line of duty and subsequently claims a recurrence of that injury, he shall be examined by the City physician. If the City physician finds that the present condition is not related to the previous injury, the member shall then be entitled to be examined by the physician who attended him for the original injury. If the opinion of the member's physician is a recurrence of the previous injury in the line of duty, a third physician, mutually agreeable to the City physician and the member's physician, shall examine the said member, and the opinion of the physician so selected shall be conclusive. If it is finally determined that said injury occurred in the line of duty, the City tshall be responsible for said member's medical expenses, after the member has been seen by two (2) City authorized physicians. 31.3 The City agrees that in the event of an on-the-job injury to a member, such member shall, after a waiting period of 24 hours, be carried at full pay on the rolls of the Fire Department and shall not be charged against any existing leave, except that absences during the 24 hour waiting period will be charged against any existing leave in accordance with prevailing leave use policies for shift and day Administrative Services. Such member will be able to accrue all his normal benefits while off the job, including, but not limited to, sick time, vacation time, personal days, and all other benefits normally enjoyed. After a period of thirty (30) days, the injured employee shall accrue leave- time based on the forty (40) hour rate. In turn, all workers' compensation moneys shall be turned over to the City. Full pay will constitute workers' compensation plus City salary supplement combined to equal 100%, not to exceed two (2) months, subject to the compensation panel review composed of the Fire chief, Administrative Services Director, and Paramedic. Extension of \vorkers' compensation time off will be decided by the panel every two (2) months until maximum medical nmprovemeut is reached. 48 / - 31.4 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. • 49 ARTICLE 32 VEHICLE ACCIDENTS 32.1 It is agreed by the City and the Union that any time an employee is involved in a vehicle accident a hearing will be held. 32.2 Said employee, and any witnesses he wishes to have present will appear before a Hearing Committee. The employee will be given a minimum of five (5) days notice of said hearing. 32.3 The Hearing Committee will consist of five (5) members of the Public Safety Departments. Employees will be of equal rank to employee appearing before the committee. In the case where there are not five (5) people of equal rank the Union will appoint two (2) the Fire Chief will appoint two (2) and the fifth (5`) member will be a member of the City's safety committee. 32.4 If the employee is found to have violated any traffic laws or is found to be willfully negligent by the Hearing Committee, he may be penalized a maximum of two hundred dollars ($200.00) to defer the City's cost of the damaged vehicle. With approval of the City Manager, employee may pay penalty in monthly installments. The City shall be responsible for all other liability incurred. 32.5 Disciplinary action may also be taken against the employee if deemed necessary by the City Manager or Department Head. All disciplinary action will be in accordance with present Administrative Services rules. 32.6 Hearing Committee will only be responsible for finding employee willfully negligent or not negligent. It will not be their responsibility to take action against the employee. v 50 ARTICLE 33 SICK LEAVE 33.1 The City and the Union agree to follow the prevailing rights on sick leave according to the present Administrative Services rules with the addition of the following: A. The employee can 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/Tire Retirement System in which case payout shall be at 100% based on the employees prevailing rate of pay 51 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 months 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 For 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 46. 52 ARTICLE 35 EDUCATIONAL INCENTIVES 35.1 It is agreed by the City that there shall be merit raises for Fire; Department employees who have successfully completed the following education: EMT (State Certified) 1 Step (5%) Paramedic (State Certified) I Step (5%) A.S. Degree Emergency Medicine 1 Step (5%) Fire Science Certificate (30 seminar hours) 1 Step (5%) A.S. Degree Fire Science 1 Step (5%) B.S. Degree in Job Related-field 1 Step (5%) 35.2 Fire Inspector(State & County Certified) 1 Step (5%) 35.3 Employee not assigned to the Fire Prevention Bureau will be responsible for any time required to get and keep re-certification courses and retain a current certification ® 35.4 Special Operations Technician 1 Step (5%) Employee will be required to complete 7 of the courses in the outline. See Appendix for Special Operations Technician 35.5 Masters Degree The City agrees to pay educational tuition and related expenses at the current State Rate. 53 ARTICLE 36 ® MANAGEMENT RIGHTS 36.1 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. 36.2 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. 36.3 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. 36.4 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. 36.5 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. 54 ARTICLE 37 DIRECT DEP®SIT 37.1 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 38 ® SAFETY COMMITTEE 38.1 The Committee shall establish its own rules subject to approval by the Chief. 38.2 The Committee shall discuss safe work practices. 38.3 The Chief will submit a written answer to the Safety Committee and submitting employee for written safety suggestions. 38.4 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. 38.5 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. 38.6 The Committee shall make written recommendations for correction of any problem identified. 0 56 ARTICLE 39 LABOR MANAGEMENT COMMITTEE 39.1 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 Administrative Services Director. Two (2) representatives of the Union will be chosen by the Union. 39.2 This Committee will meet quarterly, or upon request of either party. 39.3 The Committee will discuss the development and implementation of a pay for performance system during the term of the agreement. 57 ARTICLE 40 EMERGENCY MEDICAL ASSIGNMENT 40.1 Effective October 1, 1998 Administrative Services assigned to rescue shall receive a two percent (2 %) assignment upgrade when assigned on a rescue vehicle for a 24 hour shift worked. 40.2 Effective October 1, 1999 Administrative Services assigned to rescue shall receive a three and one half percent (3.5 %) assignment upgrade when assigned on a rescue for a 24 hour shift worked. 40.3 Effective October 1, 2000 Administrative Services assigned to rescue shall receive a five percent (5 %) assignment upgrade when assigned on a rescue for a 24 hour shift worked. 40.4 For the purposes of this agreement Medical Assignment pay will be paid hour for hour worked. 58 i ARTICLE 41 PHYSICAL EXAMS 41.1 The City agrees to pay for the cost of annual and voluntary physical exams for Fire Department employees. 41.2 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 8. Hepatitis Panel II, 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 41.3 All items listed above will covered by the City, but not to exceed $500.00 dollars in the first year of this agreement. 41.4 The City will allow a 10% increase allowance per year and thereafter for the cost of the annual physical. 59 ARTICLE 42 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 in ember 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, Terminations, 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. TEMPORARY/PART-TIME TEMPORARY EMPLOYEE:Paramedic/Firefighter hired by the City. NLW HIRE: Any employee hired on or after October 1, 2001. 60 i ARTICLE 43 SAVING CLAUSE 43.1 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. 43.2 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. 61 f ARTICLE 44 SUBSTANCE ABUSE TREATMENT 44.1 The City may require any employee to submit to a drug test only when it has a reasonable suspicion that the employee to be tested is under the influence of or using illegal drugs or narcotics. The term "reasonable suspicion", for the purposes of this policy, shall be defined as follows: (1) "Reasonable suspicion" means drug testing based on a belief that an employee is using or has used drugs in violation of the employer's policy drawn from specific objective and articulable written facts and reasonable inferences drawn from those facts. (2) Behavior which is recognized and accepted symptom(s) of intoxication or impairment caused by controlled substance except those listed in schedule V of F.S. 893.03. (3) Observable phenomena while at work, such as direct observation of drug use or of the physical symptoms or manifestations of being under the influence of a drug. 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 of the Personnel Director. Said approval shall indicate who is to be tested and why 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. 44.2 Refusal to submit to drug testing after being ordered to do so may result in disciplinary action. 44.3 The following procedures shall apply to the blood and urine tests administered to the employees: A. 'The City may request urine and/or blood samples. The employee.. at his sole option, shall upon request receive a blood test in addition to the urine test. B. The test shall be performed at a reputable hospital laboratory certified by the State of Florida as a medical laboratory, which complies with l� the scieiitific and technical guidelines for federal druo testing 62 programs, and the standards for certification of laboratories engaged in urine drug testing for federal agencies, issued by the Alcohol, Drug Abuse and Mental Health Administration of the U.S. Department of Health and Human Services. C. 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. A Union representative shall be allowed to accompany the employee to the test and observe the collection of specimen. If the City or the laboratory requires an observer when the urine specimen is given, the observer shall be the same sex as the employee being tested. All specimen containers and vials shall be sealed with evidence tape and labeled in the presence of the employee and Union representative, if available. D. At the time the urine specimen or blood samples are collected, three samples shall be taken. Two samples shall be tested. In the event of conflicting results between the first two (2) tests, the City may require additional tests on these samples, as it deems appropriate. In the event that an employee "tests positive" on both samples the employee will be given an opportunity to test the third sample at a laboratory selected by the Union so long as chain of custody procedures are followed. The cost of testing the third sample shall be borne by the Union or employee. The failure of the Union or 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. 44.4 Results of urine and blood tests performed hereunder will be considered medical records-and held confidential to the extent permitted by law. Tests shall be performed for the presence of alcohol, non-prescribed controlled substances, chemical adulteration and/or narcotic drugs. 44.5 The following standards shall be used to determine what level of detected substances shall be considered as positive: DRUG SCREENING TEST CONFIRMATION Amphetamine 300 NG/ML Ampletamine 300 NG/ML GC-MS Marijuana 100 NG/ML Delta-'FHC 100 NG/ML GC-MS Cocaine 300 NG/ML Metabolite 300 NG/ML GC-MS Opiates 300 NG/ML Morphine 300 NG/ML GC-MS 63 PCP 25 NG/ML PCP 25 NG/ML GC-MS Methoqualone 300 NG/ML 300 NG/ML GC-MS Barbiturates 300 NG/ML 300 NG/ML GC-MS Methadone 300 NG/ML 300 NG/ML GC-MS Propoxyphene 300 NG/ML 300 NG/ML GC-MS Levels which are below those set above shall be determined as negative indicators. Tests for other non-prescribed controlled substances will be in accordance with federal government screening and confirmation standards. 44.6 The employee shall be presented with a copy of the laboratory report of all specimens which were tested. 44.7 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 action is in the form of discipline, 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 any other illness. If the employee successfully completes such a program and is not again disciplined for substance abuse by September 30, 2004 but not to exceed 2 years from the time the employee completes such a program, the discipline shall be revoked and may not be used as the basis for any disciplinary action in the future. 44.8 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 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. 64 ARTICLE 45 DURATION OF AGREEMENT 45.1 This agreement shall be effective as of the 1st day of October, 2001. This agreement shall remain in full force and effect until the 30th day of September, 2004 and thereafter. 45.2 There shall be no re-openers with the exception of those Articles in which so stated. 45.3 This agreement shall be automatically renewed at the termination date (September 30, 2004), unless either party notifies the other in writing, at least one-hundred (100) days prior to the termination date of the Article(s) it wishes to modify or add to the agreement. Notification to the City shall be in writing to the City Manager 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. 45.4 In the event such notices are given, negotiations shall be within ten (10) days. 45.5 Either party may declare impasse at any time, however, before the arbitration hearing, either party may request the Federal Mediation and Conciliatory Service (FMCS)" to mediate the dispute. In the event that mediation is unsuccessful, any unresolved issues will be submitted to arbitration, in accordance with Article 7, Para. 10, 11, 12, 13. 45.6 The City and the Union agree to abide by the 4th District Court of Appeals 76-1173 State of Florida. 45.7 Upon signing of this contract, all Articles will become effective as of the 1 st day of October 2001 unless an alternative date is specifically referenced in the article. 65 ARTICLE 46 PERSONNEL REDUCTION 46.1 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, he shall be permitted to exercise his seniority right to bump or replace an employee in the same classification grouping with less seniority if he is 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. 46.2 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. 46.3 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. 66 SIGNATURES FOR,THE CITY OF DANIA BEACH: WITNESSED: Pat Flury, Mayor Ch ene hn o , Cit ,Clerk 6ig unemaker, City Manager FOR THE UNION: WITNESSED: s DATE: ;1/1 APPROVED FOR FORM AN CORRECTNESS: i BY: .� CITY �TT R EY 67 AGENDA REQUEST FORM CITY OF DANIA Agenda Date: 10-09-01 Agenda Item Title: DANIA ASSN. OF FF, LOCAL 3080 , IAFFCOLLECTIVE BARGAINING AGREEMENT Requested Action: Approval of Collective Bargaining Agreement with the Dania Association of Firefighteres, Local 3080, IAFF covering the period from October 1, 2001 through September 30, 2004. Summary Explanation & Background: ,This Agreement, bargained in good faith, is for a three-year term. Deletions from the prior contract are stricken and additions are underlined. Major changes are attached. Exhibits (List): IAFF Collective Bargaining Agreement Purchasing Approval: • Prepared By: SLChapman Source of Additional Information: (Name& Phone) Recommended for Approval By: Jason Nunemaker, Acting City Manager Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk