HomeMy WebLinkAboutR-1998-158 RESOLUTION NO. 158-98
A RESOLUTION OF THE CITY OF DANIA, 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, 1998,
THROUGH SEPTEMBER 30, 2001; 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CONFLICT HEREWITH ARE REPEALED TO THE EXTENT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,
FLORIDA:
( Section 1. That certain Collective Bargaining Agreement between the City of
{` Dania 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resolution are hereby repealed to the extent of such conflict.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 13th DAY OF OCTOBER, 1998.
MAYOR—COMMISSIONER
A FF�asT: ROLL CALL:
Z/L� MAYOR CALI -YES
CITY CLERK—AUDITOR VICE-MAYOR ETLING -YES
COMMISSIONER BERTINO—YES
COMMISSIONER MIKES - NO
APPROVED AS TO FORM
AND CORRECTNESS:
By:
HOMASJ. ANSBRO
CITY ATTORNEY
RESOLUTION NO. 157-98
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COLLECTIVE BARGAINING AGREEMENT
BETWEEN
THE CITY OF DANIA
AND
THE DANIA ASSOCIATION OF FIREFIGHTERS, LOCAL 3080,
INTERNATIONAI. ASSOCIATION OF FIREFIGHTERS
OCTOBER 1, 1998
Through
SEPTEMBER 30, 2001
EEXHIBIT "A"
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TABLE OF CONTENTS
ARTICLE # ARTICLE TITLE PAGE
I 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 11
g OVERTIME PAY 14
9 TEMPORARY UPGRADING 16
10 PROMOTIONAL EXAMINATIONS 17
11 PROMOTIONAL,ELIGIBILITY, AND 19
DURATION OF LISTS
12 CERTIFICATION OF PROMOTIONAL LISTS 21
AND APPOINTMENT PROCEDURE
13 HOURS OF DUTY 22
14 BEREAVEMENT PAY 23
15 GROUP INSURANCE 24
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ARTICLE # ARTICLE TITLE PAGE
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16 LONGEVITY PAY 26
17 ANNUAL LEAVE 27
18 UNIFORM MAINTENANCE AND LOSS 28
OR DAMAGE OF PERSONAL GOODS
19 UNIFORM AND EQUIPMENT 29
20 HAIR CODE 31
21 PENSION 32
22 PAY SCALE
37
23 STRIKES 38
24 PREVAILING RIGHTS 39
25 SHIFT EXCHANGE 40
26 MINIMUM RESPONSE MANNING 41
27 TRAINING AND PERSONAL TIME 42
28 VOLUNTEER SEPARATION 43
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29 DURATION OF ORDERS 44
30 FLORIDA MINIMUM STANDARDS TRAINING 45
31 EDUCATIONAL REIMBURSEMENT 46
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32 ON-THE-JOB INJURY
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ARTICLE # ARTICLE TITLE PAGE
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33 VEHICLE ACCIDENTS 49
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34 SICK LEAVE 50
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35 SENIORITY 51
36 EDUCATIONAL INCENTIVES 52
37 MANAGEMENT RIGHTS 53
38 CREDIT UNION 54
39 SAFETY COMMITTEE 55
40 LABOR MANAGEMENT COMMITTEE 56
41 EMERGENCY MEDICAL ASSIGNMENT 57
42 PHYSICAL EXAMS 58
43 DEFINITIONS 59
44 SAVINGS CLAUSE 60
45 SUBSTANCE ABUSE TREATMENT 61
46 DURATION OF AGREEMENT 64
47 PERSONNEL REDUCTION 65
CONTRACT AGREEMENT SIGNATURES 66
✓ APPENDIX: PAY SCALE EFFECTIVE OCTOBER 1, 1998
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ARTICLE I
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GENERAL:
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The City of Dania, 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.
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i 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 I.A.F.F. local union is chartered,upon official notification by the
Union President, that a majority of employees in the bargaining unit wish to
have the merged or successor local union represent them, the City will
recognize this Union as the successor bargaining agent under this agreement.
This agreement shall apply to and be honored by the City and the successor
Local Union for the duration of the term hereof.
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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 it's posting of
notices and bulletins to such bulletin board. Only authorized Union leaders
will post or take down articles posted.
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ARTICLE 4
PAYROLL DEDUCTION OF DUES
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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
i authorized officer or officers of the Union and shall be done at least thirty(30)
days in advance of the effective date of change. The employer's remittance
will be deemed correct if the Union does not give written notice to the
employer, within two(2)calendar weeks after remittance is received, of it's
belief, with reasons stated therefore, that the remittance is incorrect
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4.2 The Union will indemnify, defend, and hold the employer harmless against
any claim made and against any suit instituted against the employer on
account of any check-off of union dues.
4.3 An employee may revoke in writing at any time his/her authorization for dues
deduction. Dues revocation shall be processed through the Union. In the
event of direct revocation by the employee to the employer, the employer will
notify the Union as soon as possible.
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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.
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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.
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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 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 it's betterment. This
provision shall be applied to all employee's by the employer and the Union.
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ARTICLE 7
GRIEVANCE PROCEDURE
7.1 A grievance is defined as a dispute involving the interpretation or the
application of this agreement.
7.2 A grievance shall refer to the specific provision or provisions of the agreement
alleged to have been violated and shall set forth the facts pertaining to the
alleged violation, and such grievance shall be limited to the application and
interpretation of this agreement.
7.3 To simplify the grievance procedure,the number of"working days" in
i presenting a grievance and receiving a reply from the different levels of
supervision shall be based upon a forty (40) hour, five(5) day work week,
Monday through Friday.
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7.4 Grievances shall be processed in accordance with the following procedure:
Step 1: 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
communicate 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.
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 Assistant Chief.
The Assistant Chief shall, within five (5) working days
following receipt of the written grievance, conduct a meeting
between himself, the aggrieved employee, and the Union to
determine the facts pertaining to the grievance. The Assistant
n Chief shall notify the aggrieved employee and the Union, of his
decision not later than five(5) working days following the
meeting date.
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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.
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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.
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 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
J facts upon which it is based, together with the sections of this agreement
claimed to have been violated and the remedy or correction requested.
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7.8 This grievance procedure is the exclusive method of resolving disputes
relating to the application and interpretation of this agreement.
7.9 The parties agree, that nothing in this Article shall be construed to prevent a
member of the bargaining unit from presenting his grievance to the public
employer and have such grievance adjusted without the intervention of the
Union, provided the adjustment is not inconsistent with the terms of the
collective bargaining agreement in effect at the time.
7.10 The arbitration hearing shall be conducted in accordance with the rules of the
American Arbitration Association.
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7.11 It is contemplated that the City and the Union agree in writing as the statement
of the matter to be arbitrated prior to the hearing. When this is done, the
arbitrator shall confine his decision to the particular matter thus specified.
When the parties are unable to agree,the arbitrator shall decide the issue or
issues to be arbitrated. In the event either party claims a dispute is non-
arbitrable, the arbitrator will rule on that issue along with the merits of the
grievance.
7.12 Each party shall bear the expense of its own witness and of its own
representation. The parties shall bear equally the expense of the impartial
arbitrator. The party desiring a transcript of the hearing will bear the cost of
the same.
7.13 Copies of the award of the arbitration made in accordance with the jurisdiction
or authority under this agreement shall be furnished to both parties within
thirty(30) days of the hearing and shall be final and binding on both parties.
7.14 The provisions of this Article shall not be available to probationary,
provisional, or temporary employees as it relates to discipline or discharge.
However, the above referenced employees shall have reference to this Article
as it relates to any other matter. After one(1)year an employee will be
covered by this Article, unless an extension is agreed upon by the City and the
employee.
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ARTICLE 8
OVERTIME PAY
8.1 Overtime will be allocated according to position need and the employee's
position on the overtime rotation list.
8.2 Overtime perquisite: When the Department falls below the required on-duty
employees as stipulated by Article 26, Minimum Response Manning, of this
agreement, and if the position cannot be filled by on-duty response shift
personnel upgrading.
8.3 Overtime, when required, will be issued position for position, i.e., lieutenant
for lieutenant, E/0 for E/0, 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 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.
8.6 An employee will rotate to the end of the overtime rotation list after a
minimum of twelve(12) continuous 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.
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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 s
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.
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.
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ARTICLE 9
TEMPORARY UPGRADING
9.1 The City and Union agree that any time an employee of the Fire Department is
temporarily assigned to a position which is higher than their normal job
classification, he will receive additional compensation equal to the rate-of-pay
for the position to which they are assigned. This additional compensation
should be paid by the City in the same pay period as the employee worked in
the upgraded position.
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.
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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.
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ARTICLE 10
PROMOTIONAL EXAMINATIONS
1 10.1 Promotional examinations shall be given for the following ranks:
A. Engineer/Operator
B. Paramedic 2
C. Lieutenant
D. Battalion Chief
10.2 The City and the Union agree that the promotional examinations shall consist
of a written and oral/practical portion equally weighted. That the written
portion of these examinations will be given as follows: Lieutenants exam will
be given in May 1999, and May 2001. Engineer Operators exam will be given
in November 1998 and November 2000. Paramedic II exam will be given in
March 2000 The Battalion Chief exam will be given in November 1999.
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.
However, in no case shall sixty(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 o£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.
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.
10.5 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 or
other excusable absences.
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10.6 The ranks and positions of Deputy Chief, EMS Coordinator, Fire Marshal,
Training Officer, and fire inspector shall be appointed positions.
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10.7 An employee taking a promotional examination shall have thirty(30)days in
which to review and/or appeal their written exam. After thirty(30) days the
employee shall not have access to the exam.
10.8 An employee may hold his test score for up to four years, 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
i 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.
If an eligibility list is exhausted less than one year prior to the date of the next
regularly scheduled exam, a new test shall be administered within 60 days of
the date on which the list is exhausted. That test shall be given in place of the
next regularly scheduled exam. The results of the exam will remain in full
force and effect until the second regularly scheduled exam found in section
10.2 or until the resulting eligibility list is exhausted, whichever occurs first.
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.
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ARTICLE 11
PROMOTIONAL ELIGIBILITY AND DURATION OF LISTS
11.1 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.
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.
Paramedic 2, minimum standards
A. At least three (3) 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.
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 Fire
Department.
C. Licensed by Broward County and the State of Florida
as a municipal fire inspector.
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Fire Marshal, minimum standards
A. At least four(4)years in service with Dania Fire
Department.
B. Have previously been on eligibility list for lieutenant.
C. Qualifications as specified by The Board of Rules and
Appeals or the South Florida Building Code for Fire
Marshal.
Lieutenant, minimum standards
A. At least four(4)years in service with the Dania Fire
Department.
B. At least twenty-one (21) credit hours in fire science or
allied health, to include, E/0 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 a 70% or better.
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EMS Coordinator, minimum standards
A. At least five (6) years in service with the 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 lieutenant.
Battalion Chief minimum standards
A. At least seven (7)years in service, two (2) years as a
lieutenant with Dania 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.
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ARTICLE 12
CERTIFICATION OF PROMOTIONAL LISTS
AND APPOINTMENT PROCEDURE
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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.
I2.3 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.
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ARTICLE 13
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HOURS OF DUTY
13.1 It is agreed by the City and the Union that the normal 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
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ARTICLE 14
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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, and grandfather.
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 Personnel Director.
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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 full premium for medical and dental insurance for
the employees and their dependents. The city will maintain the same level of
coverage for the duration of this agreement that was in effect on September
1, 1995 (See Appendix D attached).
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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.
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15.4 The City agrees to allow the Union to establish its own group insurance plan,
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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. In 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%.
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15.7 In the case of an emergency a Non-PPO physician and hospital will be
covered at an 80% benefit.
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15.8 A benefit plus prescription drug card will be provided to the employee and
l his/her dependents. Prescription cost will remain at five dollars ($5.00)per
Ii I individual prescription.
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ARTICLE 16
LONGEVITY PAY
16.1 The City and the Union agree that regular full-time employees who have
served continuously for six (6) or more full years, sliall 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.
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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 80 hours per calendar year.
17.2 The City and the Union agree that the shift employees will be granted annual
leave in accordance with the following schedule:
01 through 05 years 6.46 hours per pay period
06 through 12 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 12 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 Fire 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.
17.6 Additional holidays declared by the City and given to any department of the
City shall be considered an automatic part of this agreement.
17.8 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.
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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.
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ARTICLE 19
UNIFORMS AND EQUIPMENT
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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
I black belt
I navy blue cool leather 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:
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 bunkerjacket
i 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.
19.4 Employees shall provide their own black shoes.
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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
employment if requested.
19.6 Any uniforms, bunker gear, and equipment shalt 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.
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ARTICLE 20
HAIR CODE
20.1 It is agreed by the City and the Union, that a fire fighter may wear his/her hair
as they see fit, provided it does not affect his/her safety and is neat and
presentable.
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ARTICLE 21
PENSION
21.1 The provisions of Chapter 18, Article IV of the Dania Code, the City
Of Dania Police and Firefighters92 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.
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21.4 An early retirement provision shall be added to the Retirement System which will
` enable an employee to retire on the first day of the month coincident with or next
following the date when the employee completes 20 years of continuous service or
thereafter, or for employees who separate from City employment before completing
20 years of continuous service, the first day of the month coincident with or next
following the 20th anniversary of the 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 (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 forjust cause;
1 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;
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5. Upon the effective date of the commencement of participation in the
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deferred retirement option plan, membership in the system shall terminate and
neither the employee nor employer contributions shall be payable.
The member contributions to the system shall cease and instead of being paid to the
system, shall be paid to the employee. For purposes of this section, average monthly
earnings and creditable service shall remain as they existed on the effective date of
commencement of participation in the plan. The monthly retirement benefits that
would have been payable, had the member elected to cease employment and receive a
service retirement allowance, shall be paid into the deferred retirement option
deferredaccount. These shall n interest
as provided inUpon term natonof emp oyment, deferredbenefitsshallbe payable asbsection provided by
subsection (14);
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;
p 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
paiants normalsurvivor�benefits payable to the survivors of retirees shall be payableed beneficiary or, if none, to his or her estate; in .
If a participant terminates employment prior to the end of the specified period
of participation he or she shall receive, at his or her option, a lump sum
payment from the account equal to the payments to the account, plus earned
interest, or a true annuity based upon the participant account balance, or he or
she may elect any other method of payment if approved by the Board of
Trustees. The monthly benefits that were being paid into the fund during the
period of participation shall begin being paid to retiree.
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10. If employment is not terminated at the end of the period specified for
participation, payments into the account shall cease and no further interest
shall be earned or credited to the individual account in the fund for the
duration of employment. The amount paid into the fund during the period of
f participation shall not be payable to the individual until he or she terminates
employment. Upon termination of employment, a member shall receive, at his
or her option, a lump sum payment from the account equal to the payments to
the account, plus interest earned by the individual account, or a true annuity
based upon the members account balance, or he or she may elect any other
method of payment if approved by the Board of Trustees;
I Li. 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. The employee contribution to the Retirement System for the first year of this
Agreement shall remain at 18.14%, of which 2% shall continue to be deducted from
each employees after-tax wages and 16.14% of which shall continue to be picked up
by the City pursuant to'414(h) of the Internal Revenue Code.
b. 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. The increase of
employer pick-up of 6.46% is the result of an increase in wages for employees not in
the DROP of 6.46% which took effect October 1, 1999 which was not paid to the
employees but instead contributed to the Retirement System through employer pick-
up. The 6.46% wage increase for employees in the DROP shall take effect January 1,
1999.
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c. 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 employee=92s 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
I for all former employees who, on or after October 1, 1989 receive or will receive
normal or early retirement benefits from the Retirement System. This benefit shall
commence on the date that the employee is paid his first monthly early or normal
retirement benefit and shall continue until the employee or the employees spouse dies
or until his children are not longer eligible for dependents benefits, whichever occurs
later.
The schedule of benefits for such retiree coverage shall not be less than is in effect for
active employees and the provision of this benefit shall be contingent upon the
remainder of the cost being timely paid by the retiree, spouse or dependents, or paid
as provided in ' 2 hereof.
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.
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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:
10/01/1998 - 6.46%In Accordance with Article 21
10/01/1999 - 4% Appendix B
10/01/2000 and every year there after- 4% 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
Paramedic II 10% above Fire Fighter
Lieutenant 10% above Engineer/Operator
EMS Coordinator 5% above Lieutenant
Battalion Chief 10% 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.
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.
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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.
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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.
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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.
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ARTICLE 26
1 MINIMUM RESPONSE STAFFING as
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.
Effective 10/01/98 the City will have a 10 person minimum.
1 Battalion Chief
2 Lieutenant
2 Engineer Operators
I Paramedic 2 (filled through assignment/upgrade only)
4 Firefighter/Paramedic/F.MT
26.2 Effective 10/01/99. Minimum manning to stay at ten(10).
1 Battalion Chief
2 Lieutenant
2 Engineer Operators
1 Paramedic 2 (filled through assignment/upgrade only)
4 Firefighter/Paramedic/EMT
26.3 Effective 10/01/2000. Minimum manning to increase to-eleven(11).
1 Battalion Chief
2 Lieutenant
2 Engineer Operators
1 Paramedic 2 (filled through assignment/upgrade only)
5 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.
26.6 The City will hire (2)two additional persons between the periods of October
1, 1998 and October 1, 2000.
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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.
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ARTICLE 28
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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
a into functioning at volunteer functions.
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ARTICLE 29
DURATION OF ORDERS
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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 twenty-four(24) hours.
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ARTICLE 30
FLORIDA MINIMUM STANDARDS TRAINING
30.1 The City agrees that management will attempt to schedule work, whereas
employees attending above named training will not be required to work
regular shift work for the period of this training.
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ARTICLE 31
} EDUCATIONAL REIMBURSEMENT
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.
31.2 Fire Department employees who have received A.S. degrees in Fire Science
and who wish to continue their education in ajob-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.
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ARTICLE 32
ON-TIIE-JOB-INJURIES
32.1 Those employees covered by this agreement who are injured in the line of
1 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.
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.
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.
I£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
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 personnel. 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
a/ 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.
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32.4 The City shall recognize that firefighters suffer from a high rate of heart
disease, hypertension, ulcers, and lung ailments or diseases as a result of their
duties. Therefore, if an employee is hired free from these ailments and at
some time becomes affected, they will be considered job-connected injuries,
unless the City can make positive showing that the above disease and ailments
are not in the instance case,job-related. The City shall recognize Florida
Statute#112.18 pertaining to firefighter disability, and Florida Statute#440.
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ARTICLE 33
VEHICLE ACCIDENTS
33.1 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.
33.2 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.
33.3 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.
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.
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.
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ARTICLE 34
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.
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-five (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.
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 DaniaPolice/Fire Retirement
System in which case payout shall be at 100% based on the employees
prevailing rate of pay
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ARTICLE 35
SENIORITY
35.1 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
Fire Department, from the initial or adjusted date of employment with the Fire
Department.
35.2 Seniority shall be used as follows:
1. Kelly Day selection: Most senior employee by rank seniority selects first.
2. Vacation selection: Most senior employee by rank seniority selects first.
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.
35.3 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).
For personnel reduction refer to Article 47.
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ARTICLE 36
1 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:
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) 1 Step (501o)
A.S. Degree Fire Science 1 Step (5%)
B.S. Degree in Job Related field 1 Step (5%)
36.2 Fire Inspector(State& County Certified) I Step (5%)
36.3 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
36.4 The Fire Inspector Incentive can be re-opened for bargaining on October 1,
2000 by written request from either the Union or the City, 90 days prior to
October 1, 2000.
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ARTICLE 37
MANAGEMENT RIGHTS
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
1 Dania Association of Firefighters and its members agree and recognize the
right of the City to direct the operation of the Fire Department.
37.2 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 work week and further shall
determine the starting and quitting time of all employees.
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37.3 The City shall endeavor to maintain and improve the efficiency of employees
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.
37.4 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.
37.5 The City shall formulate departmental policies, rules, regulations, the size and
makeup of the work force, maintain a maintenance procedure, introduce
changes in services, facilities, materials and equipment, as well as determine
the activities and job locations of specific assignments in the City. Should the
City fail to exercise its rights in any of the above functions from time to time,
this shall not be construed or deemed a waiver of the City's prerogative to
exercise any or all of the listed functions. The City reiterates that any right,
privilege or function of the City not specifically released or modified by the
City in this agreement shall remain exclusively with the City.
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ARTICLE 38
CREDIT UNION
38.1 The City agrees to provide payroll deductions for a credit union
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ARTICLE 39
1 SAFETY COMMITTEE
39.1 The Committee shall establish its own rules subject to approval by the Chief.
39.2 The Committee shall discuss safe work practices.
39.3 The Chief will submit a written answer to the Safety Committee and
submitting employee for written safety suggestions.
39.4 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.
39.5 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.
39.6 The Committee shall make written recommendations for correction of any
problem identified.
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ARTICLE 40
LABOR MANAGEMENT COMMITTEE
40.1 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 Personnel Director. Two (2) representatives of the Union will be
chosen by the Union.
40.2 This Committee will meet quarterly, or upon request of either party.
40.3 The Committee will discuss the development and implementation of a pay for
performance system during the term of the agreement.
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ARTICLE 41
EMERGENCY MEDICAL ASSIGNMENT
41.1 Effective October 1, 1998 personnel assigned to rescue shall receive a two
percent (2%) assignment upgrade when assigned on a rescue vehicle for a 24
hour shift worked.
41.2 Effective October 1, 1999 personnel 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.
41.3 Effective October 1, 2000 personnel assigned to rescue shall receive a five
percent ( 5 %) assignment upgrade when assigned on a rescue for a 24 hour
shift worked.
41.4 For the purposes of this agreement Medical Assignment pay will be paid hour
for hour worked.
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ARTICLE 42
PHYSICAL EXAMS
42.1 The City agrees to pay for the cost of annual and voluntary physical exams for
Fire Department employees.
42.2 The annual physical exam shall include at least the following:
I. 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
I 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
42.3 All items listed above will covered by the City, but not to exceed $500.00
dollars in the first year of this agreement.
42.4 The City will allow a 10% increase allowance per year and thereafter for the
cost of the annual physical.
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ARTICLE 43
1
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.
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 work week; 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".
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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
j TEMPORARY ENTLOYEE:Paramedic/Firefighter hired by the City.
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ARTICLE 44
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SAVING CLAUSE
44.1 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.
44.2 In the event of the invalidation of any portion of this agreement, both the City
and Local 3080, International Association of Fire Fighters agree to meet
within thirty(30) days of such determination for the purpose of agreeing to a
replacement of such portion(s) of the agreement found to be invalid.
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ARTICLE 45
1
SUBSTANCE ABUSE TREATMENT
45.1 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) Aberrant or unusual behavior of an employee.
(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) It is not reasonably explained for resulting from causes other than the
use of controlled substances.
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 document shall be provided to the employee.
45.2 Refusal to submit to drug testing after being ordered to do so may result in
disciplinary action.
45.3 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
the scientific and technical guidelines for federal drug testing
J 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.
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i 1 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.
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4SA 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.
45.5 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 Amphetamine 300 NG/ML GC-MS
Marijuana ]00 NG/ML.Delta-THC 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
PCP 25 NG/ML,PCP 25 NG/ML GC-MS
Methoqualone 300 NG/ML 300 NG/ML GC-MS
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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.
45.6 The employee shall be presented with a copy of the laboratory report of all
specimens which were tested.
45.7 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,
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.
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ARTICLE 46
DURATION OF AGREEMENT
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46.1 This agreement shall be effective as of the 1 st day of October, 1998. This
agreement shall remain in full force and effect until the 30th day of
September, 2001and thereafter.
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 termination date
(September 30, 2001), 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.
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46.4 In the event such notices are given, negotiations shall be within ten (10) days.
46.5 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.
46.6 The City and the Union agree to abide by the 4th District Court of Appeals
76-1173 State of Florida.
46.7 Upon signing of this contract, all Articles will become effective as of the 1st
day of October, 1998 unless an alternative date is specifically referenced in
the article.
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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.
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.
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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
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.
47.3 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.
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SIGNATURES
FOR THE CPfY OF DANIA: WITNESSED:
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FOR THE UNION: WITNESSED:
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DATE:
APPROVED FOR FORM AND CORRECTNESS:
BY:
CITY ATTORNEY
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