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HomeMy WebLinkAboutR-1992-168 1r" I 1 RESOLUTION NO. 1 ?— A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING COLLECTIVE BARGAINING AGREEMENT i BETWEEN THE CITY OF DANIA AND THE METRO- BROWARD PROFESSIONAL FIRE FIGHTERS LOCAL 3080, TO FOR THE PROVIDING FORE AN EFFECTIVE2DATE. 9/30/93; AND BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, } FLORIDA: t_ ice_ That the Collective bargaining agreement between Sec and the Metro-Professional Fire Fighters Local the City of Dania of which is attached 3080 for the period 10/1/92 to 9/30/93, copy hereto as Exhibit "A" , be and the same is hereby approved. olution shall be in force and take Section That this res its passage and adoption. effect immediately upon 22nd day of December 1992. PASSED and ADOPTED this A R - ISSIONER i ATTEST: CITY CLERK '- AUDITOR I APPROVED AS TO FORM AND CORRECTNESS E ' By: G FRANK C. ADLER, City Attorney Resolution No. 16e-92 . .--^K.:-.Kr,3,a:'S�'C�'r°`.w..vi "'�'e':+�i�" t^:.'m:�S?d..,.�..� � . .:.:. .. � • i {t{ COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF DANIA AND I� =`1 I THE DANIA ASSOCIATION OF FIREFIGHTERS, LOCAL 3080, ` INTERNATIONAL ASSOCIATION OF FIREFIGHTERS OCTOBER 1, 1992 through SEPTEbiBER 30, 1993 j, 1 . �k�eee �*�•„ r k . c 1 L'ABLE OF CONTENTS ARTICLE AKTICLE TITLE PAGE R I GENERAL 3 RECOGNITION 2 E'2 BULLETIN BOARDS 3 3 f ! . 4 PAYROLL DEDUCTION OF DUES 4 � . 5 SEMINARS AND UNION BUSINESS 5 6 DISCRIMINATION 6 GRIEVANCE PROCEDURE 7 f i 7 I g OVERTIME PAY 9 TEMPORARY UPGRADING 12 ` i 10 PROMOTIONAL EXAWNATIONS 13 I I PROMOTIONAL ELIGIBILITY, AND 15 DURATION OF D � 12 CERTIFICATION OF PROMOTIONAL LISTS l7 AND APPOINTMENT PROCEDURE : i 13 HOURS OF DUTY 18 14 BEREAVEMENT PAY 19 15 GROUP INSURANCE 20 J, `. i Ti I i { t L fr1 6 � rrA ��tyl I,• ,r ARTICLE # 17CLE TITLE PAGE AR 16 LONGEVITY PAY 21 22 17 ANNUAL LEAVE j 18 UNIFORM MAINTENANCE AND LOSS 24 OR DAMAGE OF PERSONAL GOODS 19 UNIFORM AND EQUIPh>ENT 25 27 20 HAIR CODE 28n� 21 PENSION 34 22 PAY SCALE -' 35 23 STRIKES 36 24 PREVAILING RIGHTS 37 25 SHIFT EXCHANGE f 26 MINIMUM RESPONSE MANNING 38 39 27 TRAINING ARID PERSONAL TWE 28 VOLUNTEER SEPARATION 40 29 DURATION OF ORDERS 41 30 FLORIDA MINIMUM STANDARDS TRAINING 42 31 EDUCATIONAL REIMBURSEMENT 43 { ' 44 32 ON-THE-JOB INJURYg. ,• n 4 yf44 F 'I I ARTICLE # ARTICLE 'CITLE PAGE I i i 33 VEHICLE ACCIDENTS 46 34 SICK LEAVE 47 i 35 DIVING 48 j I 36 EDUCATIONAL INCENTIVES 49 i 37 MANAGEMENT RIGHTS 50 i c 38 CREDIT UNION 51 39 DISPATCH DUTIES 52 40 LABOR MANAGEMENT COMMITTEE 53 r PI tiyr. ' 41 EMERGENCY MEDICAL ASSIGNMENT 54 42 PHYSICAL EXAMS 55 r. 43 DEFINITIONS 56 i I 44 SAVINGS CLAUSE 57 45 SUBSTANCE ABUSE TREATMENT 58 46 DURATION OF AGREEMENT 61 47 PERSONNEL REDUCTION 62 CONTRACT AGREEMENT SIGNATURES 63 APPENDIX: PAY SCALE EFFECTIVE OCTOBER 1, 1988 i I 6tN qva r S i ARTICLE I Syr GENERAL: 'I The City of Dania, hereinafter referred to as the "City", and Local 3080 of the International ters, hereinafter referred to as the "Union", in order to increase Association of Fire Figh to maintain the existing harmonious relationship general c(lficiency in the Fire Department, 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: j PUBLIC EMPLOYEES MW The Fire Department and individual members of the Union are to regard themselves as public governed by the highest ideals of honor and integrity in all their employees, and are to be public and personal conduct, in order that they may merit the respect and confidence of the - % general public- � . Y_ ��, .y T 1S Cj•J ,�j. o Page 1 11 9n 77 . 7 I a ' AR ICLE 2 � I RECOGNITION i 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 ect to wages, hours of work, working purpose of bargaining with the resp l conditions, and all job related items. I 22 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. local union is chartered, upon official notification by the t that a majority of employees in the bargaining unit wish to Union President, have the merged or successor local union represent them, the City will r bargaining agent recognize this Union as the successo 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. E �a ( +.4r Page 2 r <.: ARTICLE 3 { I i I BULLETIN BOARDS j , 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 it's posting of notices and bulletins to such bulletin board Only authorized Union leaden will post or take down articles posted E fE �3 a 1 $ 4 }p e 4•C,�:i 1 fl '' i I i � 1 1 f N 3V Page 3h! " 1 FF' IF �I Ii ARTICLE 4 �. PAYROLL DEDUCTION OF DUES joy red by this 4.1 Upon receipt of a written will deduct from the employee's pay. the amount ` agreement, the employe ch employee for dues. The employer will remit to the owed to the Union by su ' Union such sums within thirty (30) days Changes in the Union's membership L. dues rate will be certified to the employer in writing over the signature of the i e Union and shall be done at least thirty (30) authorized officer or officers of th in advance of the effective date of change. The employees remittance days drill in deemed correct if the Union does not give written notice to the weeks after remittance is received, of it's employer, within two (2) calendar belief, with reasons stated therefore, that the remittance is incorrect The Union will indemnify, defend, and hold the employer harmless against 4 2 any claim made and against any suit instituted against the employer on accounnt 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 employee to the employer, the employer will event of direct revocation by the 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 whit less emplothan yee's a amount of the ues toabe checked ot payroll ff after other deductions, 3 1, I'f ly f` Page 4 14 d . -'-: _ .. _.._...__,.-�.-..�.:w. � {•r+p.rv;^'..=.r--- ,.: -.;�Tip• .�f X^,9+k" �7;f� �,1 t7B7(.� � JS t�'' y) { 4-• 4. ARTICLE S i SEMINARS AND UNION BUSINESS 5, 1 The City agrees to allow any Union member a total of six (6), twentyfour (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 fortycight (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 F ' 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. ' ?ti Page 5 z V a �ru � 4 fC p<. `y Oh AR FICLE 6 DISCRIMINATION 6 1 The City and the Union agree that all provisions of this agreement shall be applied to all employees 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 tions of public em or it*s betterme . This provision shall be appitions or Ued to 1 employee''sslby he employer and the Union. ,2• �y I ikk I: t e tt!{f 1 1. I J I Page 6 ' 1 � a re y�! 14 Y+FYV'i YyygY yf : A �WlYri•"'� e i- Y ARTICLE 7 Y � GRIEVANCE PROCEDURE 7.1 A grievance is defined as a dispute involving the interpretation or the 1 application of this agreement. 1 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 iving a reply from the different levels of presenting a grievance and rece n a forty (40) hour, five (5) day work week, supervision shall be based upo r: Monday through Friday. 7.4 Grievances shall be processed in accordance with the following procedure: Step l: The aggrieved employee, with the assistance of the Union, - shall present either orally or in writing, his grievance 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 communi- cate it either orally or in writing to the aggrieved employee and the Union within two (2)working days from the date the grievance was presented to him. c. Step 2: If the grievance is not settled at the first step, the aggrieved employee, with the assistance of the Union, shall reduce the the grievance to writing on the standardform pro ided by the Union, and within five (5) n days,Ys. present written grievance to the Assistant Chief. L i Page 7 I-inn all�fr A".. _ _ �. �- .. .. ��...+•e�rt��� .�.+ �'YI 1. Yf �v. The Assistant Chief shall, "[thin ftse (5) work ",*s following receipt of the written gric%ance, conduct"a meeting { between himself, the aggncced employee, and the Union to determine the facts pertaining to the grievance The Assistant Chief shall notify the aggrieved employee days follnd the rowing the his decision not later than five (5) B Y meeting date 4 Step 3 If the grievance has not been resolved to the satisfaction of the on in Step 2, the Union, within five (5) employee or the Uni working days, shall forward the written grievance to the Fire f ief Chief or his designee The Fire Ch a his designee shall, within rive (5) working days from the receipt of the written grievance, conduct a meeting between himself, his represents- i tive, if needed, the aggrieved employee and the Union representative(s). The Fire Chief or his designee shall notify , in writing, of the aggrieved employee and �workinn da s follow nghis the decision no later than five (5) B Y meetingctoril. ved in Step Step 4: If the grievance has not been satisfa working daysYshall lforward the 3, i the Union, within three (3) Y t 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 represents- tive(s), within ten (10) working days after receipt of the grievance. The City Manager shall fumish 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 (IO) working days, submit the grievance to arbitration. Where a grievance is general in nature in that it applies 7.5 to a number of issue to be decided, or if the grievance is directly employees having the same between the Union and the City, it shall be presented directly at Step 3 of the grievance prosubmission of cedure, within the time limits e ov ed em lo° eese and or the Union grievance in Step 1 and signed by the aggrieved P Y representative on their behalf. c� - F. 1 qq }4 L { Page 8 I 76 'o"ln'grievances must be processed within the tin e limits hercu: •�'idcd unless extended by mutual agreement in writing Any gncvance not processed by the Union in accordance with the time limits provided to 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 When a grievance is reduced to writing, there shall be set forth, in the space provided on the grievance form, a complete statement of the grievance and the I her with the sections of this agreement facts upon which it is based, toget �. claimed to have been violated and the remedy or correction requested. f I 7 g This grievance procedure is the exclusive method of resolving disputes relating to the application and interpretation of this agreement. I . 7 9 n this Article shall be construed to prevent a The parties agree, that nothing i 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. t„ 7 I 1 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 I` arbitrator shall confine his decision to the particular matter thus specified. agree, the arbitrator shall decide the issue or When the parties are unable to 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. j Page 9 ' h . r. a h4 fi th R�' �� unsdicuon zince 7 13 ,� ,des of ithe award of thfeementtion shallmade be furnished tto both parties within } or authority under this ag 1 thirty (30) days of the hearing and shall be final and binding on both parties ' , j 1 i The provisions of this Article shall not be available to probationary. l 7 14 employees as it relates to discipline or discharge. provisional, or temporary shall have reference to this Article other matter. After one M year an employee will be However, the above referenced employees' n b the City and the as it relates to any anicle, unless extension is agreed upo covered by this Art Y employee { I_ 1 ( I I: l t Y. FMisi e. 2. ' gyp F 1c x 8 u � Page 10 a 1 j I _ �6 1 y 1 I, x. �I Y - x r ARTICLE i{ II OVERTIME PAY 8.1 Overtime will be allocated according to position need and the employee's position on the overtime rotation list. L i . 1 8.2 Overtime perquisite. When the Department falls below the required on-duty I employees as stipulated by Article 26, Minimum Response Manning, of this agreement, and if the position cannot be filled by on-duty response shift personnel upgrading. i 8.3 Overtime, when required, will be issued q position for position, i.e., lieutenant for lieutenant, E/O for E/0, Rescue Crew Chief foro Rescue Crew Chief, Paramedic for Paramedic, and Firefighter for Firefighter. Once the position section of the overtime rotation list is exhausted, then the back-up list must be used, with the same rotation criteria used. 8.4 When it is necessary for the City to require employees to work hours is 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. I� J.n P 1 F(t w• •' c Page I 1 x + d I j r � 4 a rrceyu 86 ``Y 'cmployee will rotate to the end of the overtime rotation I e_ ier a minimum of twelve (12) hours is accrued 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 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. f 1 8.8 Employees assigned to days shall not fill-in for unscheduled leaves unless they are next on the overtime rotation lisit and are paid 1.5 times their normal hourly rate. 8,9 The employee designated as the "floater" may be used to meet the minimum manning requirement in the event of scheduled leaves or in the event that another employee will miss more than two (2) shifts due to illness, injury or ' unanticipated leave. III kF i 1 Page I I-A r. �Kaf. S� '4 r� J L i s ,-ARTICLE 9 TEMPORARY UPGRADING t I - 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. 92 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 a lower ranking on the promotional eligilbility list may be upgraded. 93 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. 94 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. k. fi is ± Page 12 , „,z„r t f ... ".��.�."•..'L9�. n..X7n}��1F_'Fn"c�.«_..apw•�—.__ .._ .. _ :.._.. _. ..�—.....Ty�.,_� f �•^Ll . 't. V> ARTICLE 10 PRO.NIOTioNAL EXAMINATIONS 1 10.1 Promotional examinations shall be given for the following ranks: I A Engineer/Operator B. Rescue Crew Chief C. Lieutenant D. Battalion Chief/Division Chief 102 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 the lieutenants examination shall be given in May of 1993, the '' r written portion of the engineer/operators examination shall be given in ,. rescue crew chiefs examina- November of 1992 and the written portion of the t wi dam. „r tion be given in March of 1994. Future examinations for these ranks shall beIiE r given biennially in the months indicated for each respective rank. The other listed ranks shall have the same testing format but the examinations shall be nA given on an as needed basis. However, in no case shall sixty (60) days elapse rRs after a vacancy is created in a position, before an examination is given. , Eligibility lists shall then be established from these examinations. a 3 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. 10.4 The City and the Union agree that the announcements for promotional 4 examinations shall be made ninety (90) days in advance of the examination 1 date. Sources of information for all promotional examinations shall be included in the examination announcement. ` Page 13 J.. A. A - t J� 10 5 .11 a application period for the examination shall be at least th&) 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 or other excusable absences I0.6 The ranks and positions of deputy chief and fire inspector shall be appointed rr positions. I 10.7 An employee taking a promotional examination shall have thirty (30) days in I which to review and/or appeal their written exam. After thirty (30) days the employee shall not have access to the exam. h ' I . 1. - 1 _ i f I 1� t 1 Page 14 4} a _ i uu5555pp''f v u • ` ARTICLE II ti PROMOTIONAL ELIGIBILITI' AND DURATION OF LISTS i I ILI The City and the Union agree that the duration of each promotional eligibility I 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. i. Engineer/Operator, minimum standards A. At least two (2) years in service. 'a B. A minimum of six (6) credit hours in the fire science curriculum, and any of the following courses: apparatus I ~ and procedures, hydraulics, or the forty (40) hour operator course. C. Pass all portions of the exam with a 70% or better. Rescue Crew Chief, minimum standards A. At least four(4) years in service with the Dania Fire . Department. B. A minimum nine(9) credit hours in allied health. C. A current state of Florida paramedic license. l D. Pass all pare of exam with a 70% or better. k I 1 Page 15 �: t r� it R. Fire Inspector, minimum standards Q A A Florida certified firefighter B. At least two (2) years in service with Dania Fire Department. C. Licensed by Broward County and the State of Florida as a municipal fire inspector. Lieutenant, minimum standards A. At least five (5) years in service with the Dania Fire Department. F 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, i C. Have previously been on eligibility list for f engineer/operator. i D. Pass all parts of lieutenants exam with a 70% or better. fl Battalion Chief/Division Chief, minimum standards A. At least seven (7) years in service, two (2) years as a lieutenant with Dania Fire Department. B. Rescue Division Chief to be Florida licensed paramedic. C. 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. r F'r i rZx s Page 16 a t v II 1� I n ARTICLE 12 ram- CERTIFICATION OF PRO.NIO T1Oti:U. LISTS AND APPOINTMENT PROCEDURE i 12 I 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 Personnel Director. 122 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 123 Promotions shall be made from the certified promotional list, if two (2) persons are on the list, the Fire Chef shall choose between the two (2) employees eligible. If three (3)or more persons are on the eligibility list the Fire Chief shall make his choice from the top three (3)scores. 12.q 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, prior to the list of personnel to be promoted, being announced. 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. f Page 17 1R ,e b ARTICLE 13 HOURS OF DUTY 1 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, followed by forty-eight (48) hours off duty, with eighteen (18) personal( �hi hours off per yk, r. Those employees assigned to work days shall work fort ) } as assigned by the Fire Chief. 13.2 Personal days-off will be scheduled by the Fire Department with the approval of the Fire Chief. The Fire Chief will have the final authority in granting personal days-off and may reschedule to maintain the normal operations of the _j Fire Department. I ;> �!Ya p 1 I �g a Nall y,�T, E Page 18 h i r< .. 2..:.4 SY �t{ �Y+,R:♦ � T { m a yjN c ARTICLE 14 i BEREAVEMENT PAY f 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 breavement 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. le 14.2 It is agreed that the term "immediate family,' means an employee's wife or a r husband, and the employee or their spouse's mother, father, sister, brother, son, daughter, grandmother, and grandfather. " 14.3 Bereavement pay will be subject to the review of the Fire Chief, and only ;4. f those days actually needed by the employee will be granted. kk a 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 discretioion, with the approval of the Personnel Director. I I Page 19 OM j t 5f w� .� j i ARTICLE 15 GROUP INSURANCE j - 15.1 The City agrees to provide medical and dental insurance for the employees and t their dependents. The City will maintain the same level of coverage for the duration of this agreement, as was in effect as of September 1, 1991, that the maximum co-payment expense shall not exceed 53,000.00 in the aggregate, for the employee and dependents. The dental deductible shall be 550.00 per p person and 5100.00 per family. f 15.2 The City a pay to agrees a the full premium for medical and dental insurance for B the employees and their dependents. The City agrees to pay the full premium for the employees life insurance. 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 550,000.00. 15.4 The City agrees to allow the Union to establish its own group insurance plan, provided that notice be given to the City a minimum of ninety (90) days in t. 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. i ' Fr : p e Page 20 �I k ui?� _ g d 7 ARTICLE 16 .I - LONGEV1T1' PAY The City and the Union agree that regular fulltime employees who have served 16 I e an annual longevity continuously for six (6) or more full years, shall receiv i payment in accordance with the following schedule 1.5%of upgrading) as fII annual I salary (excludingg revenue sharing, overtime, and temporary pg g) for years 6.10, and 0.5% of base annual salary for years I I-15, times the number of years of continuous service, not to exceed 10.0%, commencing at six (6) years with 1.5%. ' 6 years 1.5% Example. 7 years 3.0% 8 years 4.5% 9 years 6.0% 10 years 7.5% years 8.0% 12 years 8.5% i 13 years 9.0% 14 years 9.5% S years 10.0% 16 2 Longevity pay will be distributed in December of the year in which it is base annual salary of the on t Dined, ander l that part will kulaz year eThe cue off date or earningsemployee � will be December 1. employees will issu 16.3 Subsequent to ck from the City D eact year, all qualified reflecting the appl cation of the formu aeabovee. a separate che . 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. i i i Page 21 t 4 ARTICLE 17 4 °" P ANNUAL LEAVE 17.1 Effective 10/1/91, employees will have the option of continuing the Current practice of having holidays added to their annual leave or receiving payment for holidays. 17 2 Employees electing to receive payment for holidays must choose this option { ill be during the designated option perio c f period n September at the conclu of each year. Payment sion on of the made retroactively to the last pay P in fiscal year. Payment will be made in a lump sum distribution equal to under this l hty (80) hours payable at the employee's prevailing rate of pay payments I be made in September of 1992. program will I 17.3 t the shift employees will be granted annual The City and the Union agree tha leave in accordance with the following schedule: 6.15 hours per pay period 01 through OS years 7.69 hours per pay period 06 through 12 years 9.23 hours per pay period 12 + yew 17.4 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: 3.08 hours per pay period Ol through 06 years 06 through 12 years ..... 4.62 hours per pay period C 6.15 hours per pay period t2 + years1 40-hour employees will receive the same holidays granted to the other 40 hour I yt^ iemployees of the City, taken on the assigned date. Effective to 80 hoursuof leaveto cash acco 2, Day Personnel shall also have the ding to the procedure described iion to convert up 7.2. a ,:y uty Page 22 , �z i a 17 5 w'i`ris further agreed by the City that the members of the Fire dtyvaftment shall be allowed to split their individual annual leave one (1) time 176 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. 17.7 Additional holidays declared by the City and given to any department of the City shall be considered an automatic part of this agreement. I s i 'a Y I 1 I I l t �r 1 , I , r Page 23 ,E :v hr1Pa -;et, �.� ARTICLE 18 UNIFOR%1 MAINTENANCE, LOSS OR DAALAGE OF PERSONAL GOODS i' 18.1 It is agreed that the City will provide maintenance and cleaning service for all i 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) t member board to investigate each loss or damage and forward their recommendation to the Fire Chief. I i k 1 i t ' J Page 24 a� t�S - W A Y a Y, J i ARTICLE 19 `4Wi UNIFORMS AND EQUIPMENT Y 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 shirt 5 navy blue pant black belt I navy blue cool leatherjacket �a 5 tee shirts as designated by the Fire Department + Firefighter - to include all ranks below lieutenant: A% ;s 5 light blue shire 5 navy blue pant =- I black belt I navy blue cool weatherjacket 5 tee shirts as designated by the Fire Department I i Fire Prevention personnel: same as firefighters with - 5 white shirts 192 Every Fire Department employee shall be issued a set of bunker gear consisting of the following: 1 helmet with straps 1 bunkerjacket 1 pair of bunker pant with suspenders 1 pair of boot I pair of gloves t �. 1 nomex hood f Page 25 ¢ t° . - -Ake ..t 1; �Y F•n T` r I 19 3 Every employee shall be issued a copy of the 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 j required by the Fire Departmcnt 19.4 Employees shall provide their own black shoes. 1 ` 19 5 All uniforms, bunker gear and equipment shall remain the property of the Fire Department and the City of Dania and shall be returned upon termination of I. 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. i t t: i j . i t r;- t a+ Page 26 't n Y ARTICLE 20 HAIR CODE I i i 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 i i i � I i i E i ! a F Page 27 a �iwf .� .,. ._ ._ .. _ ..,�r�.yAy-^•.�_--. _ _ . ._. Ir^'�� Y' t T x t�Y.LtY i�.L 3a ARTICLE 21 i PENSION I 21 A The employee contribution to the City of Dania Police and Fire Fighters Retirement System shall be 7% of earnings (as defined in Section 1840(9)of the Dania Code) plus the increases provided below which shall all be considered as "member contributions" under Section 18-44(1)of the Dania Code. Two percent(2%)of earnings shall be deducted from the employee's paychecks and the remainder shall be "picked up" or paid by the City. j 21.2 Effective October I, 1989, for all employees retiring on or after that date, the monthly retirement benefit as provided in Section 18-42(2) (B)of the Dania Code shall be increased to 3% of average monthly earnings for each year of continuous service prior to the employee's normal retirement date, including years of service prior to October 1, 1989. The additional contributions to the retirement system necessary to fund this benefit level shall be paid by the City ! but shall be considered as "member contributions" under Section 18-44(1)of the Dania Code. The cost to the City of considering the additional contribu- tion to the retirement system as "member contributions" referred to above shall be deducted from the employee's paycheck not to exceed 1% of earnings. f 21 3 Effective October I, 1990, the City shall contribute to the retirement system an additional 4.6% of earnings for each employee. No benefit changes shall I be made at that time as a result of this additional contribution as the parties are partially pre-funding an increase in benefits to take effect the following l year. The additional 4.6% contribution shall be paid by the City but shall be considered as "member contributions" under Section 18-44(1)of Dania Code. ` ft 21.4 Effective October 1, 1991, for all employees retiring on or after that date, the following changes shall be made to the retirement system. The additional contributions to the retirement system necessary to fund these benefit changes shall be paid by the City but shall be considered "member contributions" under Section 1844(1)of the Dania Code. Page 28 i. =i 3 r Z • 1 a1 .. L r s •� The normal retirement date, as stated in Section 13-42 of the - Dania Code, shall be changed to "the earlier of the first day of the month coincident with or next following the date when he both attains his 55th birthday and completes 10 years of continuous service or when the employee completes 25 years of continuous service, or for employees who separate from City employment before completing 25 years of continuous service, the first day of the month coincident with or next following the 25th anniversary of the employee's initial date of hire by the City". B. 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 com- pletes 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 employee's 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 eamings as of such date, reduced by 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. For example, the benefit rate for each year of early retirement for employees retiring after 20 or more years of continuous service shall be: {� Years of Service % of Mquize Monthly Eamingg 20 51.00 (60% x .85) ! l - 21 55.44 (63% x .88) 22 60.06 (66% x .91) 23 64.86 (69% x .94) i 24 69.84 (72% x .97) Page 29 4 lA A P �..+� For example, the benefit rate for an employee «ho scprd from the City prior to his 20th anniversary of employment kith 15 years of I service would be Anniversary of Hire Date % of AA 20th 3825 (15 x 3% x .85) 21 st 39.6 (15 x 3% x .88) i i 4 C. The following deferred retirement option plan shall be available at the employee's option: I. 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 (30) 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 (30) 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 (30) years. In any event the total participation in the plan shall not exceed five (5) 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; r r i Page 30 I ;tip*^►: 5 Upon the effective date of the commencement orb=jcipatjon in the deferred retirement option plan, membership in the system shall terminate and neither employee nor employer contributions shall be payable. 1 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 credit- able 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 cam interest as provided in subsection (F). Upon termination of employment, 1 deferred benefits shall be payable as provided by subsection 6. The deferred retirement option plan account shall earn interest at a rate set annually be the Board of Trustees. Such interest shall be equal to the system's 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; I , 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 participant's named beneficiary or, if none, to his or her estate; in addition, normal survivor f benefits payable to the survivors of retirees shall be payable. * "-t I F 7 Ff V �rt5w Page 31 y -w � Ali y K1:1 ,l ���� If a participant terminates employment prior to rend 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 y based upon the participant's 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 the retiree. 10. If employment is not terminated at the end of the period specified for participation, payments into the account shall I 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 participa- tion shall not be payable to the individual until he or she I terminates employment. Upon termination of employment, a member shall receive, at his or her option, a lump sum pay- ment from the account equal to the payments to the account, plus interest earned by the individual account, or a true annuity based upon the member's account balance, or he or she may elect any other method of payment if approved by the Board of Trustees; I Li. If an employee becomes disabled after the period of participa- tion 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. 1 1.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 the employee's named beneficiary or, if none, to his or her estate; in addition, normal survivor benefits payable to the survivors of retirees shall be payable. I 1 I` F y Page 32 r I tsK f � a�rtir+w�3"ic � �ti - y �ckk I• µ .... - - -cow.. 21 5 Effective October I, 1989, the City shall pay two-thirds of the a-st for employee and dependent health coverage for all former employees who, on i that date are receiving , or, after that date 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 employee's spouse dies or until his children are not longer eligible for dependents' i benefits, whichever occurs later The schedule of benefits for such retiree coverage shall not be less than was " in effect on October I, 1989, and the provision of this benefit shall be 1 contingent upon the remainder of the cost being timely paid by the retiree, spouse or dependents. This benefit shall be funded and provided through the ' retirement system. 21.6 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. Aw i I 1 I Page 33 i l .Z� ARTICLE 22 PAY SCALE 22.1 Effective 10/01/92 all employee members will receive a 3.2% wage increase which shall be added to their current base pay. The current pay scale will be increased by 3.2%(see Appendix A). I 22.2 The above listed (see Appendix A) pay rates are for Fire Fighter, Engincer/Operator, and Lieutenant. Additional ranks and assignments shall be paid as follows: ' Engincer/Operator 10% above Fire Fighter Fire Inspector 10% above Fire Fighter Rescue Crew Chief 10% above Fire Fighter Lieutenant 10% above Engineer/Operator Battalion Chief/Division Chief 8% above Lieutenant 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. F 22.4 The City and the Union agree that, should other public safety personnel employed by the City be granted a larger wage increase or a higher pay scale than those provided for in this agreement, then such wages and/or pay scale shall be granted to the employees covered by this agreement and be incorporated into this agreement. However, the provisions of this section shall not be applied to the effective dates for raises granted to other public safety employees, during the term of this agreement. 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. r� Page 34 d 11 f� I a . ARTICLE 23 a STRIKES 23. I The Union agrees that there will be no strikes, slow downs, stoppage oCwork, { or any other interference with the efficient management of the Fire Depart- ment while this agreement is in effect. I fI t �`r r. r i Page 35 r M or I ~ Y x't { ARTICLE 24 PREVAIUNG RIGHTS i by the emlyee at 24 .1 All rights, privileges, and working conditions enmcnt hall remain fn full the present time which are not included in this abreem force, unchanged and unaffected in any manner, during the term of this agreement unless changed by mutual consent. I . tt'r �i .,._N, FFF Pin Page 36 _..,.. 7 , P -� ARTICLE 25 =� i t SHIFT EXCHANGE 25 1 Employees shall have the right to request shift exchanges when the shift exchange does not interfere with with operation of, or increase the cost to the Fire Department. Prior written notification, for approval by the Shift j Commanders, and prior written notification to the Fire Chief is necessary for a shift exchange. Forty-eight (48) hours is to be considered the normal time necessary for prior notification, unless an emergency arises If shift exchange is not approved, the employee should be given reason why. Shift exchange 1 should also be a like classification exchange. 1 is i r , j i I I 1 j r r °» d` P"Y Page 37 xf 1h ARTICLE 26 MINIMUM RESPONSE S"rAFFING 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 I Officer I Engineer/Operator 2 Paramedics 2 Other Shifit Personnel Effective October 1, 1987: Officer 1 Engineer/Operator 2 Paramedics 3 Other Shifit Personnel r 26.2 At any time that the maximum manning available to respond per shift falls t`1 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. :y p C 'i. I f ! Y ' 5 6 1 Page 38 L " 1 ARTlcl.e 27 TRAINING AND PERSONAL T14N1E 27.1 Two hours per each weekday shall be required for the study and training of our i profession. 27.2 Two hours per each weekday will be personal time. i i 7 i 1 E *j 1 1 1 L � Page 39 . I _' •' nyty:.T,K.1 rf _,. is i v ARTICLE 28 VOLUNTEER SEPARATION 28.I 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 1 " I - j , i i Page 40 t V., ARTICLE 29 DURATION OF ORDERS i 29.1 It is agreed by the City and the Union that all orders affecting conduct of the men or policy of the department issued, unless written, will be in effect no longer than twentyfour (24) hours i i r 1" 1l E i f i i e�h5 e} I T. Page 41 � -r it Y tiny R 1 Se .I 6 U 63' i ARTICLE 30 1 FLORIDA MINUNIUM STANDARDS TRAINING 30 1 The City agrees that management will attempt to schedule work, whereas employees attending abovcnamed training will not be required to work regular shift work for the period of this training. e I. is j i I Page 42 i y ARTICLE 31 I EDUCATIONAL REI.NIBURSE,UENT j .s 31. 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. I 31.2 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. 31.3 The employee must notify the City prior to registration of said educational training for approval by the Fire Chief, Personnel Director and the City Manager. 31.4 To be eligible for reimbursement, the employee must obtain a grade of"C"or better for each course. 31.5 If the employee separates from the City within one year, they will be required to reimburse the City for all educational assistance received within that particular year. J l Page 43 ry ay v1} TA 77 „ _. J . ARTICLE 32 1 a ON-THE-JOB-INJURIES 32.1 Those employees covered by this agreement who 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. 1 32.2 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. i 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 shall be responsible for said member's medical expenses, after the member has been seen by two (2) City authorized physicians. 32.3 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 4 leave, except that absences during the 24 hour waiting period will be charged f against any existing leave in accordance with prevailing leave use policies for . shift and day personnel. Such member will be able to accrue all his normal f 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 tum, all workers' compensation monies shall be turned over to the City. Page 44 i r L. ruff 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, Personnel Director, and Paramedic. Extension of workers' compensation time off will be decided by the panel every two (2) months until maximum medical improvement is reached i4 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 M11118 pertaining to firefighter disability, and Florida Statute #440. i I .. Page 45 I 7 � i, . Y si e � - ARTICLE 33 VEHICLE ACCIDENTS (i k Union that any time an employee is involved 33.1 It is agreed by the City and the 4 in a vehicle accident a hearing will be held 1 �2•.: f 33 2 Said employee, and any witnesses he wishes to have present will appearet. before a Hearing Committee. The employee will be given a minimum of five r, (5) days notice of said hearing. rA 33.3 The I fearing Committee will consist of five (5) members of the Public Safety be of equal rank to employee appearing before Departments. Employees will {¢tA the committee. w 33.4 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 100 dollars 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. 33 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 personnel rules. b _ I 33.6 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. .`Y .4 , a Page 46 d , 1 .'r p ARTICLE 34 1 SICK LEAVE 34.1 The City and the Union agree to follow the prevailing rights on sick leave according to the present personnel rules with the addition of the following: A. The employee can accrue a maximum of seventy-five (75)days of sick leave. i 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 two (2) sick days equal to one(1) shift. C. After employee has accrued forty-rive (45) days of sick leave, at his request, additional time will be added to his vacation at the rate of two �~ (2) sick days equaling one (1) vacation day. This applies to all days + over forty-five(45). D. The employee will be notified annually of the amount of sick time accrued. 1. I i Y' Page 47 4 r�. 1 L. xl u ,44',. j. s ARTICLE 35 i DIVING 35.I It is agreed to by the City concerning diving that. A. Divers on duty will enter the water for emergency initial search only. B. Off-duty divers will then be called on (minimum of two) to continue i long-range search. C. Divers called will be awarded renumeration as per Article 8, Para. 4. D. Divers, upon proper action to secure valuables at the scene, shall be reimbursed for all personal loss or damage. Y a2S E. The City shall be held responsible for all maintenance on diving gear used on scene. F�;�„•: F. Divers will be given time, at the City's expense, to refill tanks and t ti perform necessary maintenance on equipment which is used because of a dive for the City. G. Divers asked to work on a dive of a non-fire department nature shall have the right to contract said dive for a fee of his discretion. F' I l k5" Page 48 h o i' • c µlob y ,( n 4 141 � •f'• III ARTICLE 36 I EDUCATIONAL INCENTIVES 36.1 It is agreed by the City that there shall be merit raises for Fire Department employees who have successfully completed the following education: j EMT (State Certified) 1 Step (5%) Paramedic (State Certified) 1 Step (5%) A.S. Degree Emergency Medicine 1 Step (5%) . Fire Science Certificate (30 seminar hours) I Step (5%) A.S Degree Fire Science I Step (5%) E i i i Page 49 1e i t r - - - - cc •`, t� l' � it of - r (pp . ARTICLE 37 j MANAGEMENT RIGIITS 37.1 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 Association of Firefighters and its members agree and recognize the right of the City to direct the operation of the Fire Department. i 372 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 i 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 work week and further shall determine the starting and quitting time of all employees. b 37.3 The City shall endeavor to maintain and improve the efficiency of employees j by incentive and communication through the supervisory personnel. 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. I , 37A The City shall have exclusive control over the use of any equipment or I property of the City used by the Fire Department and shall determine the location and operation of any sub-headquarters and divisions thereof. i I 37.5 The City shall formulate departmental policies, rules, regulations, the size and l makeup of the work force, maintain a maintenance procedure, introduce i changes in services, facilities, materials and equipment, as well as determine i ; 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. Page 50 ch n a ARTICLE 38 CREDIT UNION 1 ;k a E 38.1 The City agrees to provide payroll deductions for a credit union I . i i , Page 51 ' 1.4 f • p M1 ���+any-,.. '4 RRL��••• w.ry t - r �. AR"1'ICI-E 39 �^ DISPATCH DUTIES I 39.1 Members of the bargaining unit may be assigned dispatch duties to relieve the �.. regular dispatchers for short breaks, meals, or for unanticipated absences such as sick or emergency leave. 39.2 Scheduled leaves of absence such as vacation or regular days off shall be covered by whatever other means arc available to the City. 39.3 Members assigned to dispatch duties shall be in accordance with Article 26 of this agreement. 39.4 If members of the bargaining unit are used for scheduled leaves, the City shall om 8:00 a.m. to 5:00 p m. on a Monday attempt to schedule members fr through Friday basis. i 1 Page 52 ,'w ^v J „ r;. L`. �lf A ARTICLE 40 J LABOR <LI.tiAGEMENT COMMITTEE i 40 1 The City and the Union agree to establish a labor-management committee effective October I, 1987. This committee will be comprised of four(4) i members. Two (2) members representing management will be the Fire Chief and the Personnel Director. Two (2) representatives of the Union will be chosen by the Union. 402 This Committee will meet quarterly, or upon request of either party. v . i, i i.' is i I i j i Page 53 1 :K •. yMNM ', y�y .. .. - •dam AR"fICLE 41 R y EMERGENCY MEDICAL ASSIGNMENT 1l i_yw, I 41.1 For the purpose of reducing the "bum out' situation among medical personnel, medical personnel shall be rotated on a per shift basis, unless such rotation interferes with the operation of the Fire Department. i I i i I: j' i e I. i j j Page 54 ; I ARTICLE 42 ` i PHYSICAL EXAMS 42. 1 The City agrees to pay for the cost of annual and voluntary physical exams for Fire Department employees up to a maximum limit of$150.00. i I Page 55 j • 4 M k 1 L t M 4 1 , ARTICLE 43 a 5 r DEFINITIONS BARGAINING UNIT. Understood to mean the Dania Association of Fire Fighters, Local 3080, International Association of Fire Fighters. ; DEPARTMENT: Understood to mean the City of Dania Fire Department. , MEMBER: Understood to mean any m ember of the bargaining unit also { referred to in this agreement as person(s), personnel, fire fighters, engineer/operators, lieutenants, paramedics, EMTs, and crew chiefs, etc. �s PERSONAL SHIFT: 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 work week; also traditionally known as a "kclly 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. Page 56 b `may ARTICLE 44 i , I SAVING CLAUSE 44 I 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 k agreement shall remain in full force and effect for the duration of this 1 agreement. I 44 2 In the event of the invalidation of anv portion of this agreement, both the City }• ;� Fighters agree to meet and Local 3080, International Association of Fire within thirty (30) days of such determination for the purpose of agreeing to a f replacement of such portion(s)of the agreement found to be invalid. I, 1, F . 1 - i'• I t ., Page 57 • r. AV, :a ti The test shall be performed at a reputable hospital labi>gYt6ry certified by the State of Florida as a medical laborator} . %%tcich complies Kith the scientific and technical guidelines for federal drug testing 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 i laboratory, hospital or medical facility at which the specimen is to be tested. A Union representative shall be allowed to accompany the l 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 collelcted, three samples shall be taken. Two samples shall be tested. In the event of conflicting resulds between the first two (2) tests, the City may require r 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 bome 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. 45.4 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. Page 59 h EXJ, k". .� A' 45 5 7f~ie tollo«ing standards shall be used to determine «hat Ievc elected substances shall be considered as positive DRUG SCREENING TEST CONFIRMATION f Amphetamine 300 NG/ML Amphetamine 300 NG/l GC-MS Marijuana 100 NG/ML Delta-THC I00 I'll GC-MS Cocaine 300 NG/ML Metabolite 300 NG/M1L GC-MS Opiates 300 NG/ML Morphine 300 NG/ML GC-MS PCP 25 NG/ML PCP 25 NGl GC-MS Methoqualone 300 ill 300111 GC-MS i Levels which are below those set above shall be determined as negative indicators. Tests for other non-prescribed congtrolled substances will be in accordance with federal government screening and confirmation standards. 45.G The employee shall be presented with a copy of the laboratory report of all specimens which were tested. z F 45.7 At the conclusion of the drug testing, in the event a positive test is indicagted 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, 1992, the discipline shall be revoked and may not be used as the basis for any disciplinary action in the future. 45.8 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. i. I_ Page 60 Ix u� �. _^• l } � UHF��'. eky `ir rir`$x„ ��x! Y ARTICLE 46 ! DURATION OF AGREEMENT 46.1 This agreement shall be effective as of the 1st day of October, 1989. This agreement shall remain in full force and effect until the 30th day of September, 1992. { 46.2 There shall be no reopeners with the exception of those Articles which so state. l I 46.3 This agreement shall be automatically renewed at the termination date ` (September 30, 1992), unless either party notifies the other in writing, at least onc-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. I s 46.4 In the event such notices are given, negotiations shall begin within ten (10) days. I 465 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. 46.6 The City and the Union agree to abide by the 4th District Court of Appeals • i 76-1173 State of Florida. I 46.7 Upon signing of this contract, all Articles will become effective as of the Ist day of October, 1989. i I i 4 '�°•l � (L l Page 61 i ?"1 1 V� I JEW ARTICLE 47 ' PERSONNEL REDUCTION 47.1 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. , p 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 i 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. 47 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 E may be required to pass apre-employment medical examination at time of f recall to establish abiity to perform essential job functions. No laid off i employees shall retain recall rights beyond twelve (12) months from date of layoff. I 47.3 An employee being recalled shall be notified by certified mail (return receipt) and shall have twcntyone (21) calendar days from the date of mailing of notice to respond affirmatively. If the City fails to receive an affirmative response, the employee shall be removed from the recall list and the City shall have no further obligation to the employee. Page 62 �, °1 r FOR "rHE CI F OF DANIA: WITNESSED: FOR THE UNION: WITNESSED: .a DATE: I ' f APPROVED FOR FORM AND CORRRECTNESS: BY: CITY ATTORNEY f S Page 63 2. r T ARTICLE 5 SEMINARS AND UNION BUSINESS 5. 1 THE CITY AGREES TO ALLOW ANY UNION MEMBER 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. I I 42. F r I Y. cl ¢S^s 1ypM r rti j x r d. '4,TY ARTICLE 6 DISCRIMINATION 6. 1 THE CITY AND THE UNION AGREE THAT ALL PROVISIONS OF THIS AGREEMENT SHALL BE APPLIED TO ALL EMPLOYEES 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 THAT THE FULL UTILIZATION OF I 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 IT'S BETTERMENT. THIS PROVISION SHALL BE APPLIED TO ALL EMPLOYEE'S BY THE EMPLOYER AND THE UNION. j i Y ' .>.+r:�.�x:-m^^......r.—nn�.�..� ._ ._ ... .._ _. _ ... �...—...ra+Ker_o:.,w'✓^'• .^q��_ � ,- y0¢ VFN ARMLE 8 OVERUVE PAY I I l 8.1 OVERTIME WILL.BE ALLOCATED ACCORDING TO: POSITION NEED AND THE i EMPLOYEES 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 PERSONNEL UPGRADING. I 8.3 OVERTIME,WHEN REQUIRED,WILL BE ISSUED POSITION FOR POSITION, LE LIEUTENANT FOR LIEUTENANT, E/O FOR E/O,RESCUE CREW CHIEF FOR RESCUE CREW CHID,PARAMEDIC FOR PARAMEDIC AND FIREFIGHTER FOR FIREFIGHTER ONCE THE POSITION SECTION OF THE OVERTIME ROTATION LIST IS EXHAUSTED,THEN THE BACK- UP LIST MUST BE USED, WITH TIME SAME ROTATION CRITERIA USED. 8.4 WHEN IT IS NECESSARY FOR THE CITY TO REQUIRE EMPLOYEES TO WORK HOURS IN EXCESS OF THEIR NORMAL SHIFTS. ADDITIONAL SHIFTS. AFTER SIFT CHANGE, ATTEND COURT HEARINGS OR TRIALS, OR OTHER REQUIRED FUNCTIONS,SUCH HOURS WORLD 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 WORKED EXCEEDS ANY PART OF AN HOUR AN EMPLOYEE HELD OVER HIS NORMAL y WORK SHIFT FOR ANY PERIOD OF TIME WILL.BE PAID AT THE RATE OF LS TIMES THEIR REGULAR FORTY(40)HOUR, HOURLY PAY RATE, FOR NOT LESS THAN ONE-HALF HOUR j ADDITIONAL TIME SHALL BE ADVANCED TO THE NEXT HALE-HOUR MARK f 8.5 EMPLOYEES ORDERED 7*0 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 TAMES THEIR REGULAR FORTY(40) HOUR,HOURLY PAY RATE i 8.6 AN EMPLOYEE WILL.ROTATE TO THE END OF THE OVERTIME ROTATION LIST AFTER A MINIMUM OF TWELVE(12)HOURS IS ACCRUED. AN EMPLOYEE SHALL ALSO ROTATE TO THE END OF THE OVERTIME LIST LF THEY SHOULD LEAVE SHIFT FOR ANY REASON,PRIOR TO COMPLETING THE TIME FOR WHICH OVERTIME WAS NECESSARY. AN 1 EMPLOYEE MAY NOT WORK MORE THAN TWENTY-FOUR CONTINUOUS OVEERTLME 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.(k EMPLOYEES ASSIGNED TO DAYS SHALL.NOT FILL IN FOR UNSCHEDULED LEAVES UNLESS THEY ARE NEXT ON TITS OVER71 EE ROTATION LIST AND ARE PAID 1.5 TIMES THEIR NORMAL HOURLY RATE 8.k THE EMPLOYEE DESIGNATED AS THE TLOATW MAY BE USED TO MEET THE MIND"MANNING REQUIREMENT IN THE EVENT OF SCHEDULED LEAVES OR IN THE EVENT THAT ANOTHER EMPLOYEE WILL MISS MORE THAN TWO(2)SHIFTS DUE TO 'I ILLNESS, INJURY OR UNAN77CEPATED LEAVE qs ARTICLE 9 TEMPORARY UPGRADE 9. 1 THE CITY AND THE UNION AGREE THAT ANYTIME AN EMPLOYEE OF THE POSITION FIRE WHICH PA isENT IS HIGHER THAN ILTHEIR ASSIGNED NORMAL JOB CLASSIFICATION, HE WILL RECIEVE ADDITIONAL COMPENSATION EQUAL TO THE RATE OF PAY TO 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 j ELIGIBILITY WITHIN LIST TOP AS PRESCRIBED IN ARTICLE OFTIONS THETHE IF PROMOTION ;\ THESE EMPLOYEES, RANKED IN THE TOP THREE (3) POSITIONS, ARE `r NOT AVAILABLE TO WORK, AS REGULARLY SCHEDULED, THEN 1' EMPLOYEES WITH A LOWER RANKING ON THE PROMOTIONAL ELIGIBILITY LIST MAY BE UPGRADED. 4' r, 9. 3 TRAINING CAN WILL WORK WITHOUT UPGRADED PAY IN ORDER TO GAIN ON-THE-JOB EXPERIENCE, PROVIDED THAT MINIMUM `a MANNING HAS BEEN MET BY REGULAR STAFF. ; 9 ,4 THE 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. j . i 6`'+t r:. S i5 ki y .,i V44 F .' 1 ��Y�4 u Y ." rc I 'GCS c ARTICLE 9 TEMPORARY UPGRADE 9. 1 THE CITY AND THE UNION AGREE THAT ANYTIME AN EMPLOYEE OF THE FIRE DEPARTMENT IS TEMPORARILY;Y ASSIGNED TO A POSITION WHICH IS HIGHER THAN THEIR NORMAL JOB CLASSIFICATION, HE WILL RECIEVE ADDITIONAL COMPENSATION EQUAL TO THE RATE OF PAY TO 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 A LOWER RANKING ON THE PROMOTIONAL ELIGIBILITY LIST MAY BE UPGRADED. 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 THE 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. i is k - �)Y t-, i e N f l ARTICLE 10 PROMOTIONAL EXAMINATIONS 10. 1 PROMOTIONAL EXAMINATIONS SHALL BE GIVEN FOR THE FOLLOWING RANKS: A. ENGINEER/OPERATOR s B. RESCUE CREW CHIEF C. LIEUTENANT D. BATTALION CHIEF/DIVISION CHIEF 10. 2 THE CITY AND THE UNION AGREE THAT THE PROMOTIONAL EXAMINATIONS SHALL CONSISTS OF A WRITTEN AND ORAL/PRACTICAL PORTION EQUALLY WEIGHTED. THAT THE WRITTEN PORTION OF THE LIEUTENANTS EXAMINATION SHALL BE GIVEN IN MAY OF 1993, THE WRITTEN PORTION OF THE ENGINEER/OPERATORS EXAMINATION SHALL BE GIVEN IN NOVEMBER OF 1992 AND THE WRITTEN PORTION OF THE RESCUE CREW CHIEFS EXAMINATION BE GIVEN IN MARCH OF 1994. FUTURE EXAMINATIONS FOR THESE RANKS SHALL BE GIVEN BIENNIALLY IN THE MONTHS INDICATED FOR EACH RESPECTIVE RANK. THE OTHER LISTED RANKS SHALL HAVE THE SAME TESTING FORMAT BUT THE EXAMINATIONS SHALL BE GIVEN ON AN AS NEEDED BASIS, HOWEVERVACANCY ISN NO CREATEDS INHALL SIXTY A POSITION, (60) Y S ELAPSE BEFORE AN EXAMINATION IS AFTER GIVEN. ELIGIBILITY LISTS SHALL THAN 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 701 OR BETTER SHALL BE ELIGIBLE FOR THE ORAL/PRACTICAL PORTION OF THE EXAMINATION. 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 THEY, EXAMINATION ANNOUNCEMENT. '., . 10.5 THE APPLICATION PERIOD FOR THE EXAMINATION SHALL BE :�a 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 atY�4a EXTENDED FOR EMPLOYEES ON VACATION, SICK LEAVE, INJURY ; LEAVE, WORKERS COMPENSATION OR OTHER EXCUSABLE ABSENCES. ; ';4: 1 10.6 THE RANKS AND POSITIONS OF DEPUTY CHIEF AND PIRE '„� INSPECTOR SHALL BE APPOINTED POSITIONS. 10.7 AN EMPLOYEE TAKING A PROMOTIONAL EXAMINATION SHALL (30) DAYS IN ICHO REVIEW WRITTEN APPEAL THEIR RAVEIETXAM. AFTER TH RTY (0)T DAYS THE EMDPLOYEE SHALL NOT HAVE ACCESS TO THE EXAM. s i>. ARTICLE 11 2' PROMOTIONAL ELIGIBILITY AND DURATION OF LISTS r4 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 1 FOR PROMOTIONAL ELEGIBILITY. ENGINEER/OPERATOR, MINIMUM STANDARDS i 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 PROCEEDURES, HYDRAULICS, OR THE FORTY (40) HOUR OPERATOR COURSE. C. PASS ALL PORTIONS OF THE EXAM WITH A 70t OR BETTER. 4 RESCUE CREW CHIEF, MINIMUM STANDARDS A. AT LEAST FOUR (4) YEARS IN SERVICE WITH THE DANIA FIRE DEPARTMENT. B. A MINIMUM NINE (9) CREDIT HOURS IN ALLIED HEALTH. k C. A CURRENT STATE OF FLORIDA PARAMEDIC LICENSE. D. PASS ALL PARTS OF EXAM WITH A 70% OR BETTER. t I FIRE INSPECTOR, MINIMUM STANDARDS A. A FLORIDA CERTIFIED FIREFIGHTER. B. AT LEAST TWO (2) YEARS IN SERVICE WITH DANIA FIRE DEPARTMENT. C. LICENSED BY BROWARD COUNTY AND THE STATE OF FLORIDA AS A MUNICIPAL FIRE INSPECTOR. LIEUTENANT, MINIMUM STANDARDS A. AT LEAST FIVE (5) YEARS IN SERVICE WITH DANIA 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 LIEUTENANTS EXAM WITH 70t OR BETTER. !, __-lam. __,�..���,.m_.__._ _ ----- �,>:'.-.-,.•�,.-_� _. �6 .k 1s- .ter .� �•. Y �i I f BATTALION CHIEF/DIVISION CHIEF, MINIMUM STANDARDS: A. AT LEAST SEVEN (7) YEARS IN SERVICE, TWO (2) YEARS AS A f LIEUTENANT WITH DANIA FIRE DEPARTMENT. B. RESCUE DIVISION CHIEF TO BE FL0RIDA LICENSED PARAMEDIC. C. CERTIFIED AS A FIRE OFFICER I AND HAVE 4 FIRE SCIENCE CERTIFICATE, OR, A ASSOCIATE DEGREE IN FIRE SCIENCE, OR, ASSOCIATE DEGREE IN PARAMEDIC SCIENCE. f i k zk, i i, i. I 1 � 1 1 `1Y t 1 QI ry 1 4 t x T 'Z ARTICLE 12 CERTIFICATION OF PROMOTIONAL LISTS AND APPOINTMENT PROCEDURE i . 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 PERSONNEL 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 SHALL CHOOSE BETWEEN THE TWO (2) EMPLOYEES ELIGIBLE. IF THREE (3) OR MORE PERSONS ARE ON THE ELIGIBILITY LIST THE FIRE CHIEF SHALL MAKE HIS CHOICE FROM THE TOP THREE (3) SCORES. 12.4 IF AN EMPLOYEE IS TO BE PASSED OVER ON THE ELIGIBILITY LIST, FOR A PROMOTION, THEN THE FIRE CHIEF SHALL COUNSEL THE ELIGIBLE EMPLOYEE AS TO THE REASON FOR BEING PASSED OVER, PRIOR TO THE LIST OF PERSONNEL TO BE PROMOTED, BEING ANNOUNCED. i I . 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 s OF THE CITY MANAGER. i $ �na�i'rvilr{ ,fit �S✓ . Pr r 4q TY 6 J i i 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, FOLLOWED BY FORTY-EIGHT (48) YOURS OFF DUTY, WITH EIGHTEEN (18) PERSONAL SHIFTS OFF PER YEAR. THOSE EMPLOYEES ASSIGNED TO WORK DAYS SHALL WORK FORTY (40) HOURS A WEEK, AS ASSIGNED BY THE FIRE CHIEF. 13 .2 PERSONNEL DAYS OFF WILL BE SCHEDULED BY THE FIRE DEPARTMENT WITH THE APPROVAL OF THE FIRE CHIEF. THE FIRE CHIEF WILL HAVE THE FINAL AUTHORITY IN GRANTING PERSONAL DAYS OFF AND MAY RESCHEDULE TO MAINTAIN THE NORMAL OPERATIONS OF THE FIRE DEPARTMENT. I I f i I I I 1 - , k I 1 I cro .w{ • I i �'1 q N t to r; . ARTICLE 15 GROUP INSURANCE I 15. 1 THE CITY AGREES TO PROVIDE MEDICAL AND DENTAL � - INSURANCE FOR THE EMPLOYEES AND THEIR DEPENDANTS. THE CITY WILL MAINTAIN THE SAME LEVEL OF COVERAGE FOR THE DURATION OF THIS AGREEMENT, AS WAS IN EFFECT AS OF SEPTEMBER 1, 1991. THAT THE MAXIMUM CO-PAYMENT EXPENSE SHALL NOT EXCEED $3, 000. 00 IN THE AGGREGATE, FOR THE EMPLOYEE AND DEPENDENTS. THE DENTAL DEDUCTIBLE SHALL BE $50. 00 PER PERSON AND $100.00 i PER FAMILY. 15. 2 THE CITY AGREES TO PAY THE FULL PREMIUM FOR MEDICAL AND DENTAL INSURANCE FOR THE EMPLOYEES AND THEIR DEPENDENTS. THE CITY AGREES TO PAY THE FULL PREMIUM FOR THE EMPLOYEES LIFE INSURANCE. 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 BE GIVEN TO THE CITY A MINIMUM OF NINETY (90) 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. r� 15. 5 THE CITY WILL ALSO CONTINUE TO DEDUCT AMOUNTS Y.-r.• REQUIRED, IN EXCESS OF THE CITY'S CONTRIBUTION, TO THE UNION PLAN FROM THE EMPLOYEES PAYCHECKS AND REMIT THE SAME ALONG ' i WITH THE CITY'S CONTRIBUTION, TO THE UNION, WITHIN THIRTY (30) DAYS. ry ,r iu I. M a a ,t a ' CtD s ARTICLE 19 UNIFORMS AND EQUIPMENT 19 . 1 THE CITY AGREES TO SUPPLY THE EMPLOYEES OF THE FIRE DEPARTMENT WITH UNIFORMSTHE FOLL40WING OFFICER-DEFINED ASLIEUTENANTQORPABOVE: 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 PERSONNEL: `F 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: I 1 HELMET WITH STRAPS 1 BUNKER JACKET I 1 PAIR OF BUNKER PANTS WITH { SUSPENDERS 1 PAIR OF BOOTS 1 PAIR OF GLOVES 1 NOMEX HOOD 19 . 3 EVERY EMPLOYEE SHALL BE ISSUED A COPY OF THE 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, HEIR OWN BLACK SHOES. 19 . 4 EMPLOYEES SHALL PROVIDE T 1 r+ ` v jx Y t �W: ARTICLE 46 DURATION OF AGREEMENT 46. 1 THIS AGREEMENT SHALL BE EFFECTIVE AS OF THE FIRST DAY OF OCTOBER, 1992 . THIS AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL THE 30TH DAY OF SEPTEMBER, 1993 . 46. 2 THERE SHALL BE NO REOPENERS, WITH THE EXCEPTION OF THOSE ARTICLES WHICH SO STATE. 46. 3 THIS AGREEMENT SHALL BE AUTOMATICALLY RENEWED AT THE I TERMINATION DATE (SEPTEMBER 30, 1993) , UNLESS EITHER PARTY NOTIFIES THE OTHER IN WRITTING, AT LEAST ONE—HUNDRED, (10 IT DAYS PRIOR TO THE TERMINATION DATE, OF THE ARTICLES) WISHES TO MODIFY OR ADD TO THE AGREEMENT. NOTIFICATION TO THE CITY SHALL BE IN WRITING TO THE CITY MANAGER BY — CERTIFIED MAIL, RETURN RECIEPT REQUESTED. NOTICE TO THE UNION SHALL BE DELIVERED TO THE PRESIDENT OF LOCAL 3080 BY CERTIFIED MAIL, RETURN RECIEPT REQUESTED. 46. 4 IN THE EVENT SUCH NOTICES ARE GIVEN, NEGOTIATIONS SHALL BE WITHIN TEN (10) DAYS. 46. 5 EITHER PARTY MAY DECLARE IMPASS AT ANY TIME; HOWEVER, BEFORE THE ARBITRATION HEARING, EITHER PARY 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, il, 12, 13 . 46.6 THE CITY AND THE UNION AGREE TO ABIDE BY THE 4TH DISTRICT COURT OF APPEALS DECISION 76-1173 STATE OF FLORIDA. 46.7 UPON SIGNING OF THIS CONTRACT, ALL ARTICLES WILL BECOME EFFECTIVE AS OF THE 1ST DAY OF OCTOBER, 1992 . d;u r i .. ' FOR THE CITY OF DANZA: WITNESSED: i FOR THE ONION: Yt� DAT E APPROVED FOR FORM AND CORRECTMWNESS: CITY ATTORNEY i l h r