AGREEMENT
BETWEEN
CITY OF PALM BAY, FLORIDA
AND
PALM BAY PROFESSIONAL FIRE FIGHTERS
IAFF LOCAL, 2446
FIRE SUPERVISORS UNIT
OCTOBER 1, 2000 SEPTEMBER 30, 2003
TABLE OF CONTENTS
ARTICLE 1: PREAMBLE
ARTICLE 2: RECOGNITION
ARTICLE 3: MANAGEMENT RIGHTS
ARTICLE 4: UNION SECURITY AND NON DISCRIMINATION
ARTICLE 5: NO STRIKE PROVISION
ARTICLE 6: CHECK OFF
ARTICLE 7: UNION REPRESENTATION
ARTICLE 8: UNION BUSINESS
ARTICLE 9: BULLETIN BOARDS
ARTICLE 10: GRIEVANCE PROCEDURE
ARTICLE 11: SICK LEAVE
ARTICLE 12: BEREAVEMENT LEAVE
ARTICLE 13: MILITARY LEAVE
ARTICLE 14: JURY DUTY
ARTICLE 15: ANNUAL LEAVE (VACATION)
ARTICLE 16: HOLIDAYS
ARTICLE 17: COMPENSATION
ARTICLE 18: HIRING, PROMOTION AND CLASSIFICATION
ARTICLE 19: SENIORITY, LAYOFF AND RECALL 32
ARTICLE 20: MAINTENANCE OF CONDITIONS
ARTICLE 21: JOINT OCCUPATIONAL SAFETY AND HEALTH
PROGRAM
ARTICLE 22: SAVINGS CLAUSE
ARTICLE 23: PREVAILING RIGHTS
ARTICLE 24: OUTSIDE EMPLOYMENT
ARTICLE 25: INSURANCE AND OTHER FRINGE BENEFITS
ARTICLE 26: UNIFORMS AND EQUIPMENT
ARTICLE 27: INJURY BENEFITS
ARTICLE 28: LEAVE OF ABSENCE
ARTICLE 29: SCHOOLS AND TRAINING
ARTICLE 30: LEGAL DEFENSE AND INDEMNIFICATION
ARTICLE 31: LAUNDRY SERVICE
ARTICLE 32: HOURS OF WORK
ARTICLE 33: RESERVED FOR FUTURE USE
ARTICLE 34: ENTIRE AGREEMENT
ARTICLE 35: PHYSICAL EXAMINATIONS
ARTICLE 36: DURATION OF AGREEMENT
ARTICLE 37: PENSION PLAN
ARTICLE 38: FORMAL INVESTIGATIONS
ARTICLE 39: ALCOHOL AND SUBSTANCE ABUSE POLICY
ARTICLE 40: TRANSFER OF CITY SERVICE
1.1 This Agreement is entered into by and between the City of Palm Bay, herein
after referred to as the "Employer" and the Supervisory Unit of the Palm
Bay Professional Fire Fighters, Local 2446 of the International Association
of Fire Fighters, hereinafter referred to as the "Union."
1.2 The purpose of this Agreement is to achieve and maintain harmonious relations
between the employer and the Union; to provide for equitable and peaceful
adjustments of differences which may arise; and to set forth the basic and
full agreement between the parties concerning rates of pay, wages, hours
of work, and other conditions of employment.
Back To The Table of Contents
2.1 The employer recognizes the Union (PERC OR 86 305) as the exclusive
bargaining agent for the employees of the Palm Bay Fire Department including
Deputy Fire Marshall, Training Section Commander, Sr. Fire Inspector, Emergency
Management Officer, Emergency Medical Coordinator, Platoon Captain, Apparatus
Equipment Facilities Maintenance Manager, Training Officer, Protective Breathing
Device Technician, and Training Coordinator.
Excluded positions include the Fire Chief, Assistant Chief, Bureau Chief,
Deputy Chief, Fire Marshal, Special Investigations Officer, Battalion Chief,
and any other employees determined by the Public Employers Relations Commission
to be managerial or confidential employees.
2.2 With regard to the recognition of the Probationary Supervisor, the Employer
reserves the right to discharge a Probationary Supervisor under the terms
and conditions of its Policy and Procedures covering Probationary Employers.
A Probationary Supervisor is a newly hired employee who has not yet attained
the rank of a full time employee with this Department.
2.3 An employee shall have the right to become or not to become a member
of the Union.
2.4 All other classifications are excluded from this bargaining unit including
temporary employees, part time employees, and student help.
MANAGERIAL EMPLOYEES are those employees who meet the requirements as defined
in Section 447.203(4)(a) and (b), Florida Statutes, or who may be determined
by PERC to be managerial employees.
SUPERVISORY EMPLOYEES are those in mid management as determined by PERC.
CONFIDENTIAL EMPLOYEES are those employees who meet the requirements as defined
in Section 447.203(s), Florida Statutes, or who may be determined by PERC
to be confidential employees.
TEMPORARY EMPLOYEES are those hired for a specific limited purpose for a
specific limited time.
Back To The Table of Contents
3.1 The Union recognizes the prerogative of the Employer to operate and manage
the City affairs in all respects in accordance with its responsibilities;
and the powers or authority which the Employer has not officially abridged,
delegated, or modified by this Agreement are retained by the Employer except
as modified by State law. Management officials of the Employer retain the
rights which include, but are not limited to, the following:
a. To manage and direct the employees of the City
b. To hire, promote, transfer, schedule, assign and retain employees
c. To suspend, demote, discharge, or take other disciplinary actions against
employees for just cause
d. To reduce force, or otherwise relieve employees from duties because of
lack of funds or other legitimate reasons.
e. To maintain the efficiency of the operations of the City
f. To determine the methods, means and personnel by which such operations
are to be conducted, including the right to contract or subcontract existing
or future work, and to control and regulate the use of all equipment and
other property of the City
g. To determine the organization of the City government
h. To determine the number of employees to be employed by the City
I. To determine the number, types and grades of positions or employees assigned
to an organizational unit, department, or project.
j. To establish and maintain internal security practices
3.2 The City Council has the sole authority to determine the purpose and
mission of the City and the amount of budget to be adopted by the City
Council.
3.3 If in the sole discretion of the Employer, it is determined that civil
emergency conditions exist, including but not limited to, riots, civil disorders,
hurricane conditions, or similar catastrophes, the provisions of this Agreement
may be suspended by the City Manager during the time of the declared emergency,
provided that wage rates and other monetary fringe benefits shall not be
suspended.
Back To The Table of Contents
ARTICLE 4: UNION SECURITY AND NON DISCRIMINATION
4.1 The City will, at no cost to the Union, print one copy of this contract
for distribution to each fire facility with one original copy provided to
the Union.
4.2 Neither the Union nor the Employer will discriminate concerning membership
or representation because of race, color, creed, sex, age, handicap, or national
origin. Both are committed to continuing affirmative equal opportunity employment
action.
4.3 The Employer agrees not to interfere with the rights of the bargaining
unit employees to become members of the Union, and there shall be no
discriminations, interference, restraint, or coercion by the Employer because
of an employee's valid activity in behalf of the Union.
Back To The Table of Contents
ARTICLE 5: NO STRIKE PROVISION
5.1 Neither the Union nor any of its officers, agents, or any employees covered
by this Agreement will instigate, promote, sponsor, engage in or condone
any strike, slow down, concerted stoppage of work, illegal picketing, or
any intentional interruption of the operations of the City during the term
of this Agreement regardless of the reason for doing so. The consideration
for such provision being the right to discharge or otherwise discipline for
just cause, any and all employees who violate the provisions of this
paragraph.
5.2 The only question that may be raised in any proceeding, grievance, judicial
or otherwise contesting such action is whether the provision preventing work
stoppage, slow down, strike, or withholding of service was violated by the
employee to be discharged or disciplined. (Florida Statutes Strike Clause)
5.3 The International Association of Fire Fighters agree that in the event
of any strike, work stoppage, illegal picketing, or interference with the
operations of the City, a responsible official (i.e., Local Executive Board
Member) of the IAFF shall promptly disavow such strike or work stoppage as
a violation of Florida law, and warn members of the consequences of their
actions.
Back To The Table of Contents
6.1 Any member of the Union who has submitted a properly executed written
dues deduction authorization to the City Manager or designee may have his/her
membership dues in the Union deducted from his pay. Dues shall be deducted
the first two bi weekly paychecks of each month, and shall be transmitted
to the Union accompanied by a list of those employees names whose dues are
included. The Union will pay an annual lump sum charge of $130 for this service
during the month of October, which will cover both bargaining units of the
Union. It shall be the responsibility of the Union to notify the City Manager
or designee of any change in the amount of dues to be deducted at least thirty
(30) days in advance of said change. Under no circumstances shall the Employer
be required to deduct Union fines, penalties, or special assessments from
the pay of any member. An employee may revoke in writing his authorization
for dues deduction at any time.
6.2 The Union agrees to indemnify and hold harmless the Employer, its agents,
employees, and officials from and against any claims, demands, damages, or
causes of action, including but not limited to, claims, etc., based upon
clerical or accounting errors caused by negligence, or any nature whatsoever,
asserted by any person, firm, or entity based upon or related to payroll
deduction of Union dues. The Union agrees to defend at its sole expense,
any such claim against the Employer, or its agents, employees, and officials.
The term officials as used herein includes elected and appointed officials.
6.2.1 In the event errors are found in the amount of dues submitted to the
Union, the City will reimburse the Union the amount of the error. The Union
agrees that any over payment of dues shall be returned to the City.
6.3 The funds deducted monthly shall be remitted to the Treasurer of the
Union within five (5) working days following the last payroll of the month.
6.4 The payroll deduction shall be revocable by the employee notifying the
City Manager or designee and the Union in writing at least thirty (30) days
in advance of such change.
Back To The Table of Contents
ARTICLE 7: UNION REPRESENTATION
7.1 Neither party in negotiations shall have any control over the selection
of the negotiating or bargaining representatives of the other party.
7.2 Union representatives and agents will be permitted to discuss Union business
with members during their duty hours provided such discussions will not interfere
with the performance of the member's duties and service to the community.
The Union agrees that this privilege shall not be abused.
7.3 Copies of Special Orders, General Orders, or Training Bulletins affecting
Union members will be made available to the Union.
7.4 The Union and Employer agree to meet and confer on matters of mutual
interest. These Labor/Management meetings involving members of both Bargaining
Units shall normally be held monthly, but more often when requested by either
party. It is understood that these special meetings shall not be used to
re negotiate this agreement.
7.5 The designated Union Representatives shall be one of the following Executive
Board Members:
7.6 Both parties agree to the creation of an IAFF time pool. The City shall
automatically transfer three (3) hours from each dues paying bargaining unit
member's vacation leave into the IAFF time pool. This transfer shall take
place July 1 of each year. Time pool hours may be drawn at the written discretion
of the IAFF President or designee in increments of at least one (1) hour.
Any time donated to the time pool shall not be returned to the donator.
7.7 Charges against the IAFF time pool will be kept by the City's Pay Master
and the IAFF. An IAFF representative may be granted pool time for union business:
i.e.,
to attend public budget hearings, City Council meetings, or resolution of
impasse before the City Council. The time pool may also be used by the IAFF
to attend National Conferences of the IAFF and FPF Meetings, and available
training.
7.8 The use of the time pool shall be handled in the same manner as outlined
in Article 8.
Back To The Table of Contents
8.1 Union officials and representatives up to a maximum of two in any one
instance, shall be permitted time off without loss of pay or benefits to
perform the following Union business, so long as it is on City property:
Representation of Union members during grievance or disciplinary meetings
when the official or representative has been requested by said member for
such representation, meetings with Department management or City officials,
negotiations, and any other Union business to be performed on City property.
So long as such business is on the property of the City, the Employer shall
provide coverage for said official or representative, and such meetings,
hearings, and representation shall not commence until such coverage has been
provided.
8.2 The Union shall not use City computers for any Union business, without
authorization from the Fire Chief or designee.
8.3 Up to a maximum of two union officials /representatives may be off on
vacation or compensatory time for Union activities with out being counted
into the Article 32.9 cap.
8.4 A 72 hour notice, where practical, will be given administration to assist
in scheduling.
Back To The Table of Contents
9.1 The Union shall have the use of bulletin boards located at the Palm Bay
Fire facilities where Union members are assigned.
9.2 Information posted on the bulletin board shall pertain only to Union
business and activities. No posted information shall pertain to any political
or controversial subject or reflect badly on the City, its officials, employees
or employee organizations. All notices posted shall be signed, dated, and
removed by an official of the Union.
Back To The Table of Contents
ARTICLE 10: GRIEVANCE PROCEDURE
10.1 Any grievance (founded on an alleged violation) of the terms and conditions
of this Agreement, shall systematically follow the four (4) step grievance
procedure as outlined herein. Any grievance filed shall refer to the provision
or provisions of the Agreement alleged to have been violated and shall adequately
set forth the facts pertaining to the alleged violation. And such grievance
shall be limited to an application or non application of this Agreement to
factual situations inasmuch as the legal interpretation of this Agreement
is to be determined by the case and statutory law of the State, together
with the Charter and ordinances of the City of Palm Bay. Grievances submitted
on behalf of a termination/dismissal shall be submitted at the step four
level.
10.2 An employee having a grievance as above defined shall submit it pursuant
to the following procedures:
STEP ONE
The employee may present verbally or in writing his/her grievance to his/her
Immediate Supervisor/designee.
At this discussion between the employee and the Immediate Supervisor/designee,
either of them may request that the designated Union Grievance Representative
may be present. Discussions will be informal for the purpose of settling
differences in the simplest and most direct manner. It is understood that
no employee will leave his/her work place for the purpose of discussing a
grievance without first obtaining permission from his Immediate
Supervisor/designee. The Immediate Supervisor/ designee shall reach a decision
and communicate it, in the same manner as presented by the employee, to the
employee and the designated Union Grievance Representative within five (5)
working days from the day the grievance was filed.
NOTE: A working day is considered for this article as any day that City Hall
is open for business.
STEP TWO
If the grievance is not settled at the first step, the employee within five
(5) working days may reduce the grievance to writing and present it to the
appropriate Bureau Assistant Chief or designee. The Assistant Chief/designee
shall obtain the facts of the case up to this point, and may hold a conference
with all parties concerned. Within five (5) working days of receipt of the
grievance, the Assistant Chief/designee shall notify in writing the employee
and the designated Union Grievance Representative.
STEP THREE
If the grievance is not settled at the second step, the employee and/or the
designated Union Grievance Representative may within five (5) working days
thereafter present the written grievance to the Fire Chief or designee. The
grievance shall be answered in writing by the individual to whom it was presented
within five (5) working days of receipt of the grievance.
STEP FOUR
If the answer from the Fire Chief in Step Three is not considered satisfactory
by the employee, the employee and/or the designated Union Grievance
Representative may within five (5) working days of receipt of such answer
give written notice to the Human Resources Director. A meeting shall be held
within five (5) working days after receipt of the grievance, unless such
time is extended by mutual agreement. At this meeting there will be a full
disclosure of all facts relating to the grievance at hand. The Director of
Human Resources, or designated representative will, within five (5) working
days of the meeting, render a decision on the resolution of the grievance
and furnish a copy in writing to the employee, and the designated Union Grievance
Representative or the Union President.
10.3 Rules for Grievance Processing
It is agreed:
a. An employee covered by this Agreement may elect to pursue his/her grievance
either through the City Policy and Procedures, or through the grievance procedure
as provided in Article 10.2.
However, once the employee and the Union file a grievance under either procedure,
then such grievance may not be changed from one procedure to the other. A
grievance must be brought forward within five (5) working days after the
occurrence of the event giving rise to the grievance or within five (5) working
days after the employee, through the use of reasonable diligence, should
have obtained the knowledge of the occurrence of the event giving rise to
the grievance.
b. Time limits at any stage of the grievance procedure may be extended by
written mutual agreement by the parties involved at the step.
c. A grievance not advanced to the higher step within the time limit provided
shall be deemed permanently withdrawn and as having been settled on the basis
of the decision most recently given. Failure on the part of the Employer's
representative to answer within the time limit set forth in any step will
entitle the employee to proceed to the next step.
d. Only for the purpose of the grievance procedure, a working day shall be
considered a day that City Hall is open for business, and does not include
Saturday, Sunday, Holidays, or the day on which the grievance is presented
and received by either party.
e. A grievance presented at Step Two and above shall be dated and signed
by the employee and/or the Union Grievance Representative. An answer given
and returned to the employee or the Union shall be dated and signed by the
employee representative at that step.
f. In settlement of any grievance resulting in retroactive adjustment, such
adjustment shall be limited to five (5) calendar days prior to the date on
the filing of the grievance. This rule shall not apply to pay inequities.
g. When a grievance is reduced to writing, there shall be set forth all of
the following:
h. At any step of the grievance procedure, a conference may be called by
either party.
i. Any grievance filed on behalf of two (2) or more employees and in accordance
with the grievance procedure herein contained shall be signed by the designated
Union Grievance Representative and shall enter the grievance procedure at
Step Three.
j. Nothing in this contract shall be construed to prevent any public employee
from presenting, at any time, his own grievance in person or by legal counsel
to his/her Public Employer and having such grievances adjusted without the
intervention of the bargaining agent; provided the adjustment is not inconsistent
with the terms of this Agreement. If the aggrieved employee chooses, a bargaining
agent will be given reasonable opportunity to be present at any meeting called
for the resolution of such grievance. The Union President shall receive copies
of all correspondence with regard to grievances of any bargaining unit member,
whether or not the Union is representing such aggrieved employee.
k. The designated Union Grievance Representatives shall be one of the following
Executive Board Members:
10.4 Arbitration
If the grievance is not settled in accordance with the provisions of Article
10.2, the aggrieved employee or the Union may request arbitration by serving
written notice in person of intent to appeal on the Human Resources Department,
no later than ten (10) working days after receipt of the Employer's response
in Step Four together with a written statement of the specific provision(s)
of this Agreement at issue. A grievance is considered to be withdrawn and
settled on the basis of the decision most recently given if not appealed
to arbitration within ten (10) working days.
SECTION 1
Not withstanding the following provisions of this section, an arbitrator
may be mutually selected by the parties to the arbitration proceedings. If
an arbitrator cannot be selected by mutual agreement of both parties, then
within five (5) working days after the receipt of the appeal to arbitration,
the parties shall jointly request the services of the Federal Mediation and
Conciliation Service to furnish a panel of five (5) impartial arbitrators
particularly skilled in matters involving local government employee relations.
Each party shall have the right to strike two names (2) from the panel. This
shall be accomplished by alternate striking by the parties until one (1)
name is left. The Union shall strike the first name on the first arbitration
hearing under this new agreement, thereafter first strike shall be performed
alternately in subsequent arbitration by the Employer and Union. The remaining
name on the list shall be the arbitrator. The arbitrator shall be notified
of his selection no later than five (5) working days by a joint letter from
the Employer and the Union requesting that he/she set a time and place for
the hearing.
SECTION 2
The arbitration shall be conducted under the rules set forth in this Agreement.
The arbitrator shall have no authority to modify, amend, ignore, add to,
subtract from, or otherwise alter or supplement this Agreement, or any part
thereof or any amendment thereto. The arbitrator shall consider and decide
only the specific issue(s) submitted to him/her in writing by the parties
and shall have no authority to consider or rule upon any matter which is
not specifically covered by this Agreement. All testimony given at the
arbitration hearing shall be given under oath. The arbitrator may not issue
declarative or advisory opinions and shall be confined exclusively to the
question(s) which are presented to him/her which question(s) must be actual
and existing.
The arbitrator shall submit in writing his/her decision within thirty (30)
days following the close of the hearing or the submission of briefs by the
parties, whichever is later, provided that the parties may mutually agree
in writing to extend said limitation. Consistent with this section, the decision
of the arbitrator shall be exclusively based upon specific findings of fact
and conclusions based thereon, which findings of fact and conclusions shall
be the predicate for any decision made by him/her. In rendering any decision,
the arbitrator shall only consider the written, oral or documentary evidence
submitted to him/her at any hearing set.
The decision of the arbitrator shall be final and binding on both parties.
If any event occurred or failed to occur prior to the effective date of this
Agreement, it shall not be the subject of any grievance hereunder nor shall
the arbitrator have the power to make any decision concerning such a
matter.
SECTION 3
The compensation and expenses of the arbitrator shall be borne by the losing
party as determined by the arbitrator. Where the Union does not represent
the aggrieved employee, and the arbitrator rules in favor of the Employer,
the aggrieved employee shall be the losing party and will bear full cost
of the compensation and expenses of the arbitrator.
In the event of a compromise award, as so stated by the arbitrator, the
arbitrator's fees and expenses shall be borne equally by the parties to the
arbitration. Each party shall bear the cost of preparing and presenting its
own case. Either party desiring a record of the proceeding shall pay for
the record and/or stenographic services.
Back To The Table of Contents
11.1 a. An employee incapacitated and unable to work shall notify his/her
supervisor at least one (1) hour prior to his/her scheduled reporting time
as designated by the department, stating the nature of the illness. The procedure
shall be followed for each day the employee is unable to work, unless the
Fire Chief/Designee gives prior approval.
b. Sick leave is paid time granted to employees for the following purposes:
11.2 Full time, shift employees shall earn sick leave at the rate of twelve
(12) hours per month of employment except as noted in Section 11.3, below.
Full time, non-shift employees shall earn sick leave at the rate of eight
(8) hours per month for up to ten (10) years of service, except as provided
in Section 11.3, below. Full time non-shift employees who have more than
ten (10) full years of service shall earn sick leave at the rate of twelve
(12) hours per month of employment Accrued sick leave is sick leave which
is earned but unused at any given time. Probationary employees shall not
be entitled to the use of sick leave for the first six (6) months of employment;
however, probationary employees shall accrue sick leave for the first six
(6) months of employment as provided in this Article.
11.3 A shift employee who is hired and begins work on or before the fifteenth
day of the month shall earn twelve (12) hours of sick leave for that calendar
month. A non-shift employee hired and begins work on or before the fifteenth
day of the month shall earn eight (8) hours of sick leave for that calendar
month. An employee who begins work after the fifteenth day of the month shall
begin to accrue sick leave from the first day of the month following
employment.
11.4 The Fire Chief, or designee may require a medical certificate signed
by a licensed physician to substantiate a sick leave request for:
11.4.1 Any period of absence due to illness of two or more consecutive shifts,
for shift employees, or three or more consecutive days for non-shift
employees.
11.4.2 Any period for which sick leave is claimed while an employee was in
approved vacation status.
11.4.3 Sick leave of any duration if the employee in question has demonstrated
a habitual or recurrent pattern of absence from duty and has been warned
that a certificate will be required as a result. Such medical certificate
may be required to be provided at the employee's expense (11.4.3 only).
11.5 The Employer desires to provide incentive for employees to use sick
leave only when actually ill, therefore, a shift employee may trade back
up to 192 hours of sick leave annually, provided the employee maintains at
least 360 hours of unused sick leave. A non-shift employee may trade back
sick leave up to 64 hours annually, provided the employee retains at least
120 hours of unused sick leave each calendar year. This leave may be traded
back at the rate of one hundred percent 100% for additional vacation or personnel
business. Any shift employee who does not use sick leave for a period of
one year shall be credited with one additional shift of vacation (24 hours).
Any non-shift employee who does not use sick leave for a period of six (6)
months shall be credited with an additional four (4) hours of vacation time.
Trade back of sick leave shall not be a use of sick leave, however an employee's
balance of accrued sick leave shall be reduced by the amount of sick leave
hours exchanged for vacation leave hours.
11.6 Any employee who claims sick leave under false pretenses shall forfeit
his/her sick leave pay for any time taken off and be subject to disciplinary
action. The employee will have the time without pay.
11.7 No more than 1,152 hours of sick leave may be accrued by any employee.
All earned sick leave in excess of the maximum remaining unused on December
31st of any given year, shall be forfeited.
11.8 In the event an employee is unable to perform his/her regular duties
due to illness or injury, the City will use its best efforts to assign the
employee to "light duty" consistent with the employee's medical condition.
The City may require a second medical opinion before placing an employee
in a light duty assignment. The parties recognize that an appropriate light
duty assignment may not always be available. Employees who have suffered
an on-the-job injury will be given priority for those light duty assignments
which are available within the Fire Department. In making light duty assignments,
assignments within the Fire Department shall be given first priority, followed
by any light duty assignment available throughout the City.
11.9 The Employer agrees that any bargaining unit employee on sick leave
shall be paid straight time for any and all holidays that occur while on
such leave. Such time shall not be charged to sick time.
11.10 An employee making a City-wide or interdepartmental transfer will maintain
his/her accrued sick leave.
11.11 Employees who resign or are separated in good standing shall receive
pay for their accrued and unused sick leave at a rate of fifty percent (50%)
after a retention of eighty (80) hours by the City. Employees who retire
under normal retirement, shall receive pay for their accrued (unused) sick
leave at a rate of fifty (50%) percent.
11.12 A shift employee may sell back to the employer any unused sick leave
over 360 hours at a rate of 50% of his/her base pay for cash. A non shift
employee may sell back to the Employer any unused sick leave over 104 hours
at a rate of 50% of his/her base pay for cash. All sick leave used will be
charged by the hour as used.
11.13 Employees who give a sixty (60) hour advance notice for doctor appointments
shall be charge actual time. Employees not giving a sixty (60) hours advance
notice shall be charged a minimum of twelve (12) hours.
Back To The Table of Contents
12.1 Shift employees covered by this Agreement shall be granted, upon approval
of the Fire Chief/designee, time off with pay; one shift (24 hours) for the
in state funeral of an immediate family member, and two shifts (48 hours)
for the out of state funeral of an immediate family member. Non shift employees
shall be granted time off with pay; three (3) eight (8) hour days for the
in state funeral of an immediate family member, and five (5) eight (8) hour
days for the out of state funeral of an immediate family member with approval
from the Fire Chief/designee.
12.2 The employee's immediate family shall be defined as the employee's:
spouse, father, mother, father in law, mother in law, son, daughter, stepchild,
ward, brother, sister, brother in law, sister in law, grandparents, and spouse's
grandparents, son in law, daughter in law, and grandchildren.
12.3 Bereavement leave shall not be charged against any sick or vacation
time except as noted in 12.4 of this Agreement.
12.4 Should an employee require additional time other than provided in Article
12.1 of this Agreement, he/she may request additional time from the Fire
Chief/designee. Any additional time used may be charged to accrued sick or
vacation leave, subject to the approval of the Fire Chief/designee.
Back To The Table of Contents
13.1 The Employer and the Union agree to conform with all County, State,
and Federal laws dealing with military leave.
13.2 The employee will submit proof of duty by copy of his or her order from
the appropriate military commander when formally requesting military leave
through appropriate department channels.
Back To The Table of Contents
14.1 If an employee is called for jury duty, he/she shall promptly notify
his/her supervisor so that arrangements may be made for his/her absence from
work. Notification shall be at least seventy two (72) hours before jury duty
is to commence, or immediately if the employee has been notified of jury
duty less than seventy two (72) hours from commencement. Management shall
abide by the law pertaining to absence for jury duty.
14.2 Employee's serving as jurors during normal duty hours shall be paid
at regular time equal to normal work schedule, less the sum received as juror's
pay for the time served. The employee may keep any pay received for jury
duty scheduled on days off. The employee shall furnish to the Employer, evidence
showing the performance of and compensation for jury duty. Mileage payments
shall not be included when calculating jury duty pay. Verification of jury
duty while on vacation must be by written verification from the Clerk of
the Court and presented to the immediate supervisor after returning from
jury duty.
Back To The Table of Contents
ARTICLE 15: ANNUAL LEAVE (VACATION)
15.1 Eligibility - Full time, employees shall be entitled to earn and accrue
annual leave with pay as provided in this Article. Under no circumstances
shall temporary, part-time, or other non-permanent employees be eligible
for annual leave under this Article. Employees shall not be eligible to use
annual leave until satisfactory completion of six (6) months of service.
During probationary period, probationary employees shall accrue vacation
time in the normal manner.
15.2 Accrual Computation and Liquidation of Annual Leave (Vacation):
a. Annual leave for full time, current permanent employees shall be earned
as follows:
NON SHIFT SHIFT
YRS OF HRS PER HRS PER HRS PER HRS PER
EMPLOY MONTH YEAR MONTH YEAR
|
NON-SHIFT YEARS OF EMPY |
HRS PER MONTH |
HRS PER YEAR |
SHIFT YEARS PER MONTH |
HRS PER YEAR |
|
0 - 5 |
8 |
96 |
14 |
168 |
|
6 - 10 |
10 |
120 |
16 |
192 |
|
11 - 15 |
12 |
144 |
17 |
204 |
|
16 + |
14 |
168 |
18 |
216 |
b. When there has been a voluntary break of service of fifteen (15) working
days or more, the employee, upon reinstatement or re-employment will begin
earning annual leave as a new employee. For purposes of calculation, new
employees beginning work between the first and fifteenth of the month will
begin earning leave from the first day of the month they were hired, and
new employees beginning work between the sixteenth and the end of the month
will begin earning leave on the first day of the next month.
c. For payroll and separation purposes, annual leave shall be computed on
the basis of a normal fifty four (54) hour week for shift employees and normal
forty (40) hour week for non-shift employees.
d. All annual leave will be liquidated and charged by the hours as used.
e. Annual leave earned in excess of 240 hours must be used by the end of
the calendar year. Employees who have in excess of 240 hours accrued, unused
annual leave, shall be compensated at 100% of the excess, provided a shift
employee must have taken at least five (5) shifts of annual leave in the
calendar year, and a non-shift employee must have taken at least five working
days of annual leave during the calendar year.
f. Employees who have earned annual leave in excess of 240 hours and have
not taken at least five (5) twenty-four (24) shifts (for shift employees)
or five (5) eight (8) hour days (for non-shift employees) at the end of the
calendar year will be scheduled for a mandatory leave by the appropriate
supervisor at the department's convenience in order to bring the earned leave
accumulation to 240 hours. Employees falling in this category will first
be reminded by the department sixty (60) days prior to the end of the calendar
year that they are in excess of 240 hours and have not taken the required
amount of time off as stated. Employees will be given the opportunity to
request the appropriate time off prior to the department scheduling said
time off. If the above stipulations are met, then the mandatory scheduling
by the department will not be subject to the grievance procedures contained
in Article 10 of this agreement.
15.3 Use of Annual Leave - Annual leave may be used for the following
purposes:
a. Vacation
b. Absence for the transaction of personal business
c. For uncovered portion of sick leave when such leave has been exhausted
through illness.
d. Any absence from work not covered by another type of leave provision.
e. If a member has exhausted all sick leave, and has accumulated vacation
leave, said member will be permitted to use their vacation leave as sick
leave, provided a doctor's note is submitted.
15.4 Holidays during vacation - Holidays occurring while the employee is
on annual leave shall not be charged against his/her annual leave balance.
15.5 Scheduling of Annual Leave - Shift Employees requesting annual leave
of one shift (24 hours) or less, shall submit request no later than 60 hours
prior to the requested time off, Shift employees requesting annual leave
of more thanone shift (24 hours) or more, shall submit a request no later
than two (2) shifts in advance of the time requested off. Emergencies and
Special Situations shall be handled on a case by case basis. Non shift employees
who request one day (8 hours) or less shall submit request no later than
3 calendar days in advance, and non-shift employees requesting more than
a day (8 HOURS) or more shall submit request no later than 7 calendar days
in advance of said requested time off. Emergencies and Special Situations
shall be handled on a case by case basis.
15.5.1 To cancel a scheduled vacation, an employee must submit writtenvnotice
sixty (60) hours prior to the start of the vacation.
15.6 Payment in Lieu of Vacation - Except as noted in Article 15.2(E) and
15.7 of this agreement, employees shall not be paid in lieu of vacation.
15.7 Upon separation of employment due to layoff, death, line of duty injury,
resignation, or retirement, the employee shall be entitled to 100% compensation
for any unused annual leave. This does not apply to termination for cause,
or separation with less than six months service. An employee with less than
six months service who separated as a result of death or line of duty injury,
would also be eligible for the above named benefit.
Back To The Table of Contents
16.1 The following holidays shall be observed:
New Years Day
Martin Luther King's Birthday
Presidents Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day Following Thanksgiving
Christmas Day
Employee's Birthday
16.2 Whenever possible, non shift employees will be granted time off on holidays;
however, a non shift employee who is required to work on any such holidays
shall be paid time and one half for the period worked.
16.3 Shift employees scheduled to work on a holiday as defined in Section
16.1 shall receive holiday pay in accordance with Section 16.5. A shift employee
scheduled to work on a holiday who reports sick will be additionally charged
with sick leave for the hours missed during the day.
16.4 Any additional day proclaimed as a holiday or a day off by the Mayor
and Council will be given to the bargaining unit members within this contract
year.
16.5 Holiday Pay Shift employees who are actually on duty and working on
a holiday as defined in 16.1, of this Agreement shall receive twelve (12)
hours of holiday pay and one and one half (1 1/2) times their hourly rate
for all hours worked with a maximum of twelve (12) hours at time and one
half. Shift employees who are off duty on a holiday as defined in 16.1, of
this Agreement shall receive eight (8) hours of holiday pay. Shift employees
who are due holiday pay will have the option to receive such pay for all
holidays except Christmas, annually, in the form of a lump sum bonus to be
paid on the first pay day in December of each year.
Employees who do not elect this option shall receive holiday pay in the pay
period following the holiday. Holiday pay for Christmas shall be paid on
the first pay day in January.
16.6 A holiday shall commence at 0700 hours on the actual date of the holiday,
and shall end at 0700 the next day.
For calculation of holiday premium pay, the window shall be from 0700 to
1900 with the maximum premium pay being twelve (12) hours at one and one
half (1 1/2) of their hourly rate.
The City will only pay holiday premium pay for hours actually worked during
the window period of 0700 to 1900.
Back To The Table of Contents
ARTICLE 17: COMPENSATION
Pay Scale
17.1
a. Effective first pay day in October 2000, base wages shall be increased
by 3% rounded to the nearest whole dollar, plus a merit step as outlined
in 'h'.
b. Effective the first pay day in October 2000, salary steps for Captainsshall
eliminate CAPT5 and add CAPT16.
c. Effective first pay day in October 2001, base wages shall be increased
by 3% rounded to the nearest whole dollar, plus a merit step as outlined
in 'h'.
d. Effective first pay day in October 2002, base wages shall be increased
by 2.5% rounded to the nearest whole dollar, plus a merit step as outlined
in 'h'.
Effective the first pay day in April 2003, base wages shall be increased
by 1.5% rounded to the nearest whole dollar, plus merit step as outlined
in 'k'.
e. Effective the first pay day in October 2000, members who obtain State
of Florida Paramedic Certification shall receive $1,250.00 annually, to be
paid bi weekly. Members who obtain Solo Paramedic Status from the Medical
Director shall receive $3,380.00 annually, to be paid bi weekly.
f. Effective the first pay day in October 2001, members who obtain Solo Paramedic
Status from the Medical Director shall receive $3,640.00 annually, to be
paid bi weekly.
g. Effective the first pay day in October 2002, members who obtain Solo Paramedic
Status from the Medical Director shall receive $4,004.00 annually, to be
paid bi weekly.
h. Merit steps shall be given each fiscal year to those eligible.
17.2 Employees in the bargaining unit shall receive compensation for length
of service with the City in accordance with the following schedule:
Years of Service Amount
| YEARS OF SERVICE | AMOUNT |
|
5 through 9 |
$ 520 |
|
10 through 14 |
$1,040 |
|
More than 14 |
$1,560 |
The payment or length of service shall be payable in one lump sum during
the month following the Employer's anniversary date.
17.3 The base salary for shift employees represents payment for 216 hours
worked in a 27 day period. Shift employees who work more than 204 hours in
a 27 day period shall receive overtime compensation as follows:
a. All shift employees will be paid one and one half times their regular
rate of pay for hours worked above 204 in the established twenty seven (27)
day work period.
b. The hourly rate shall be 1/54th of the weekly base pay for the computation
of overtime.
c. Vacation, sick leave, and compensatory time shall be considered as time
worked for the purposes of overtime calculations.
d. Employees shall receive compensatory time in lieu of overtime until a
cumulative total of eight (80) hours of compensatory time has been earned.
Those with 80 hours or less of compensatory time will receive overtime in
the form of compensatory hours. Those who reach the maximum cap of 80 hours
shall be paid for all additional overtime hours.
17.4 The base salary for non shift employees represents payment for forty
(40) hours worked in a seven (7) day work week (2,080 hours annually). Non
shift employees who work more than forty (40) hours in a work week shall
(at employee's option) earn compensatory time at a rate of one and one half
(1 1/2) hours earned for one hour worked, or be paid at one and one half
(1 1/2) times the hourly rate for each hour worked in excess of forty (40)
hours. Employees may accumulate compensatory time to a maximum of eighty
(80) hours.
17.5 Call Back An employee who is recalled to work while in off duty status
shall receive one hour pay at the employee's regular hourly rate in addition
to pay for any hours worked after recall. Non shift employees may elect to
receive compensatory time off at the rate of time and one half (1 1/2) for
each hour worked on call back, in lieu of pay). Shift employees will receive
compensatory time at time and one half (1 1/2) in lieu of pay up to a maximum
of eighty (80) hours.
When an employee responds to a notice of recall, all time spent by the employee
after reporting for duty shall be considered hours worked for the purposes
of overtime calculation. Travel time will be paid as actual time worked,
up to one hour. Shift employees may elect to receive compensatory time at
time and one half (1 1/2) in lieu of pay up to a maximum of eighty (80)
hours.
17.6 Emergency Pay Any employee required to work beyond his/her normal duty
hours during an emergency declared by the City Manager, or designee shall
be compensated at time and one half (1 1/2) of the normal hourly rate for
the time worked. Shift employees may elect to receive compensatory time at
time and one half (1 1/2) in lieu of pay up to a maximum of eighty (80)
hours.
17.7 Stand by Status Stand by Status is defined as any period of time during
which an employee is ordered by the Fire Chief/designee to remain in a given
location in readiness to perform work if the need arises.
Stand by Status is the period of time when the employee is required to respond
to a telephone or radio call back and is ready to return to work and during
this time is restricted of the freedom to engage in personal activities.
Stand by status for shift employees shall be compensated at the normal hourly
rate as defined in Section 17. 3 of this agreement for all hours during which
the employee is on stand by. If time spent on stand by status results in
the shift employee working more than 204 hours in a 27 day period, the employee
shall be compensated as defined in Section 17.3. An employee on stand by
status shall keep the department apprised of his/her location at all times.
The Employer and the Union agree that unit employees may be recalled to duty
at any time deemed necessary by the department and are expected to respond
after notice of recall within one hour or less. Time during which an employee
is free to pursue normal off duty activities shall not be considered time
worked merely because such employee may receive a recall to duty during such
period.
17.8 Special Compensation Acting Ranks Any shift employee who is officially
designated by the Fire Chief/designee to act in a rank higher than his/her
permanent rank and actually performs said duties shall receive the salary
of service in the Acting Rank for the time worked, hour for hour. Said employee
shall mark his/her time card to reflect this acting position time. A position
deemed vacant will require a prudent effort by the department to fill said
vacancy within ninety (90) days. A position shall be deemed vacant if the
employee in that position leaves the employment of the Palm Bay Fire Department.
Should an employee of the bargaining unit move up to a rank not covered by
the Union, the conditions of the acting position will be established in a
memo of understanding between the Employer and the Union.
17.9 Reimbursement for Mileage Any employee who is authorized by the Employer
to use his/her own vehicle in the performance of official Fire Department
duties, shall be compensated in accordance with City Policy.
17.10 Compensation for Required Training Employees who are required to attend
off duty training by the Fire Chief/designee, will be paid for such time
at base salary rate. If time spent in required training results in a shift
employee working more than 204 hours in a 27 day work period, the employee
shall be compensated for hours worked in excess of 204 hours as defined in
Article 17.3.
17.11 Section 633.382 Florida Statutes will govern educational reimbursements,
as will Article 29 of this agreement.
To receive educational reimbursement, there shall be an agreement signed
by the employee and notarized. The agreement will stipulate that the employee
will remain in City employment for a minimum period of one full year after
completion of an approved course for reimbursement. The employee promises
to repay on a pro rata basis the amount provided for the period of service
not completed prior to departure or dismissal. The employee will follow
Educational Policy and Procedures.
In the event of an employee's death, payments to the City will be waived.
In the event of an employee's job related disability, payments to the City
will be waived until such time as the employee is reinstated to full unrestricted
duty. If the employee must retire as a result of a job related disability
the balance of the payment to the City will be waived.
17.12 Any employee who enrolls in the Paramedic program without department
approval or sponsorship shall not be eligible for any supplement upon attaining
the State Certification of Paramedic. This employee may apply for the department
Paramedic program, however the department is not required to approve this
employee into the program. Upon approval into the program, this employee
shall be eligible for supplement in accordance with Article 17.1e.
17.13 In return for receiving his/her supplement, as described in Section
17.1, it is understood that the Department Solo Paramedic is responsible
for maintaining his/her own skills to the level set forth by the Department
Medical Director. If the minimum requirements change, the Medical Director
will establish the allowable time limits for attaining new skills, standards,
or certification requirements in accordance with required training.
17.14 The EMS Coordinator (EMC) or individual assigned, will receive a total
of $3,500 to be paid bi weekly commencing on the first paycheck of the fiscal
year. In order to become a budgeted, EMS Coordinator, the Employer must meet
the position requirements, be assigned by the Fire Chief, and maintain the
skills and standards set forth by the Department Medical Director and
obtain/maintain a State License for Paramedic. ACLS, BTLS, and CPR. In return
for receiving his/her $3,500 supplement, it is understood that the department
EMS Coordinator is responsible for maintaining his/her own skills to the
level set forth by the department Medical Director, and meeting other
requirements listed above. If the minimum requirements change the Medical
Director will establish the allowable time limits for attaining new skills,
standards, or certification requirements in accordance with required training.
17.15 A bargaining unit employee who receives a promotion shall receive the
minimum level for the new position or a five percent (5%) increase in base
salary, whichever is greater.
For the purpose of this section, Lieutenants receiving Solo Paramedic incentive
and promoted to a rank within this unit will have their Paramedic incentive
paid bi weekly.
17.16 Budgeted Special Response Team (SRT) members established by the department
shall receive a bonus of $702 annually, payable in bi weekly installments.
To apply for vacant positions, all members shall meet all department minimum
standards and before approved shall successfully complete the State standards
course for Haz Mat I and II, hold an open water certificate from any nationally
recognized diving association, and has passed at least one minimum forty
(40) hour specialty rescue course. The department shall pay all costs for
department required seminars and department approved non in service training.
Members of the bargaining unit approved and designated by the department
as SRT Team Leaders shall receive an additional $208.00 annually payable
in bi weekly installments.
17.17 Supervisory Unit Employees who are required to be "On Call" shall be
compensated at the rate of $35.00 for each week (seven consecutive day period)
of on call status. "On Call" shall be defined as the period of time an employee
must remain within a 30 minute distance of the City of Palm Bay, be ready
for recall to duty, and continually be available by pager, telephone, or
radio.
On Call status shall not be considered as time worked for overtime purposes
nor shall on call compensation be included in the employee's base pay for
overtime calculations.
17.18 Acting Ranks: Any employee who is officially designated, in writing,
by the Fire Chief/designee to act in a rank higher than his/her permanent
rank and actually performs said duties shall receive the salary and benefits
of service in the Acting Rank for the time worked, hour for hour. Said employee
shall mark his/her time card to reflect this acting position time. Should
an employee of the bargaining unit move up to a rank not covered by the Union,
said employee shall receive the benefits of the Acting Rank and shall receive
the option of receiving holiday pay in lump sum or paid in the next pay period
after the holiday. It is the employee's responsibility to notify the Finance
Department of the choice of options. Conditions of the Acting Rank will be
established in a memo of understanding between the Employer and the Union.
17.19 State of Florida Building and Plans Examiner Licenses.
a. Senior Fire Inspectors will receive a one time $500.00 bonus upon receipt
of each original state license, as long as the licenses are not required
by their job description. Eligible licenses are those which are obtained
after becoming employed by the City. Such bonus will relate to the Building
Inspection Group as listed below.
Building Inspector Group
b. Seniors Fire Inspectors who currently hold the above listed certifications
will receive a one time $500.00 bonus.
c. Senior Fire Inspectors who obtain bonus payment for the above listed
certificates must agree to remain in City employment for a minimum oftwo
(2) years from the date of the completed course. The employee must agree
to repay the City, on a pro rated basis, for all amounts paid for attendance
at class and examination costs (which include, but are not limited to, travel
reimbursement, test fee, paid City leave for attendance at class and taking
of the examination, and any other City paid costs associated with the course(s).
Expenses will be tracked by the Human Resources Department.
Back To The Table of Contents
ARTICLE 18: HIRING, PROMOTION AND CLASSIFICATION
18.1 Definitions:
Inside candidate: all experience is with the Palm Bay Fire Department.
Outside candidate: experience is with Palm Bay and/or other paid Fire
Department(s) and all requirements are to be comparable to that of inside
requirements.
18.2 The Union shall be permitted a maximum of two off duty representatives,
during all aspects of the entry level testing and promotional bargaining
unit positions. The Union President shall be notified in writing of the dates,
time and locations of the examinations by the Human Resources Department
as soon as said testing dates have been scheduled, a minimum of 48 hour notice
of said examinations.
18.3
A. Title Protective Breathing Device Technician
a. Breathing apparatus training leading to certification.
B. Title Training Officer
a. Fire Fighter Certification
b. Fire Service Instructor Certification
c. C.P.R. instructor Certification
d. Hazardous Materials I & II
e. Working toward an A.S. Degree, preferably having 21 credit hours toward
their Fire Science Degree (As described in Article 29)
C. Title Training Coordinator
a. Fire Fighter Certification
b. EMT Certification
c. Fire Service Instructor Certification
d. C.P.R. Instructor Certification
e. Hazardous Materials I & II
f. A.S. degree, preferably in Fire Science or EMS (As described in Article
29)
D. Title Emergency Medical Services Coordinator
a. Fire Fighter Certification.
b. Paramedic Certification
c. Fire Service Instructor Certification
d. C.P.R. Instructor
e. BTLS Instructor
f. ACLS Instructor
g. First Aide Instructor
h. A.S. degree, preferably in Fire Science or EMS (As described in Article
29)
E. Title Senior Fire Inspector
a. Fire Fighter Certification
b. EMT Certification
c. Fire Inspector
d. Building Inspector
e. A.S. degree, preferably in Fire Science and/or Building Construction
Profession (As described in Article 29)
F. Title Apparatus, Equipment and Facilities Maintenance Officer.
a. Fire Fighter Certification
b. EMT Certification
c. Palm Bay Fire Department approved Breathing Apparatus Training that meets
OSHA Requirements
d. Minimum of 21 credit hours towards an AA or AS Degree, preferably in Fire
Science, Business or related field.
G. Title Platoon Captain
A Combat Captain's examination will be given every two (2) years between
July 1 and September 31. A member may retake the examination or carry over
their score for one (1) examination. That score will be merged with the existing
list. If an additional examination is needed prior to the next scheduled
test date, Human Resources will meet with the Union to agree on an another
date.
1 Service Requirements Minimum of eight (8) years of service with the Palm
Bay Fire Department inclusive of a minimum of three (3) years of service
as a combat (shift) Lieutenant.
a. Fire Fighter Certification.
b. EMT Certification.
c. Hazardous Materials I and II.
d. An A.S. degree, preferably in Fire Science or EMS
H. Title Training Section Commander
a. Fire Fighter Certification
b. EMT Certification
c. Fire Service Instructor Certification
d. An A.S. degree, preferably in Fire Science or EMS
18.3 In all promotional examinations, an employee must pass each phase, with
a 70% or better before moving to the next phase. In cases where a phase is
pass/fail, the employee must attain a passing score prior to moving to the
next phase.
18.4 All written promotional examinations shall be posted at least ninety
(90) calendar days in advance of the said examination date at all Fire Department
facilities. Each position shall have a closing date 30 calendar days after
posting. No additional candidates shall be accepted after the closing date.
The last date for meeting minimum requirements is the last day of the quarter
in which the examination is scheduled to be given Any employee falsifying
information wherein the applicant claims to meet the requirements for said
examination maybe disciplined up to and including dismissal.
18.5 Within thirty (30) calendar days after the closing date, all candidates
signed up shall be notified in writing of acceptance or denial (with reasons
attached). A copy of the examinee list will be sent to the Union President.
Candidates shall be permitted to borrow books and other study material from
the department using established department procedures for such borrowing,
and the items shall be borrowed for a reasonable amount of time, depending
on the amount of candidates signed up for the exam. Text books shall be the
responsibility of the examinee.
18.6 Within fourteen (14) calendar days after a promotional examination is
given, a listing shall be posted which ranks the candidates according to
their scores (higher score at top, lower score at bottom). This list shall
be posted at all Fire Department facilities, with a copy sent to the Union
President. One of the top three candidates on the list shall be selected
for the promotion.
If a promotional vacancy occurs in the same rank before another promotional
examination is given, a candidate will be selected from the remaining two
of the top three names on the list, and so on.
18.7 Employee's covered under the Bargaining Unit are expected to accept
a promotion that they are offered; however, said employee may decline one
time and keep their standing on the list. Upon declining the second round
of promotion, the Bargaining Unit employee will be removed from the list.
18.8 Bargaining unit employee within one (1) year of any disciplinary action,
shall be permitted to take any promotional examination. However, said employee,
shall not be considered for promotion or shall not act in any rank higher
than his/her full time rank within the one (1) year window from date of
discipline.
18.9 All promotional examinations shall be given to Palm Bay Fire Fighters
and Supervisory unit employees first. All current bargaining unit members
shall be considered as an inside candidate.
If no bargaining unit member qualifies or passes the promotional examination,
then and only then will it be given to outside candidates.
A bargaining unit member may elect to be considered as an outside candidate
if desired, if they did not qualify as an in house candidate (by making said
election in writing) however, under no circumstances may a bargaining unit
member apply as an inside and outside candidate. If applying as an outside
candidate, promotional contract provisions dealing with pay or benefits do
not apply.
18.10 New hires shall serve a twelve (12) month probation period. Upon promotion
to any rank, an employee shall serve a six month promotional probationary
period in the new position. Upon satisfactory completion of the promotional
probationary period, the employee shall attain full time status for the position
in which he/she was promoted. If the employee fails to satisfactorily complete
the promotional probationary period, he/she shall be returned to the position
held prior to the promotion. An employee may otherwise be disciplined or
discharged for just cause during the promotional probationary period.
18.11 Any employee may take a voluntary downgrade to a position of lower
rank, with approval of the Fire Chief, for which the employee is qualified,
and for which a vacancy is available. The employee's pay will be adjusted
to the position as if they had never left the position.
18.14 Classification The City will notify the Union in advance whenever possible
of upcoming changes in personnel policies and procedures or job descriptions.
Nothing in this language shall waive the right that the Union may have to
bargain with respect to these issues.
18.15 This Unit is made up of both line (combat) and administrative personnel.
The combat line personnel have the classification of Platoon Captain and
all other personnel in this unit are administrative personnel.
Back To The Table of Contents
ARTICLE 19: SENIORITY, LAYOFF AND RECALL
19.1 Definition: Seniority is the uninterrupted length of service of an employee
since his/her last date of hire by the Palm Bay Fire Department.
19.1.1 Definition: Qualified is the employee who has satisfactorily completed
the probationary period in a position.
19.2 Accrual: An employee accrues seniority during al periods of approved
leave with pay. an employee accrues seniority during periods of unpaid leave
which do not exceed 30 consecutive days in duration. Seniority accrual is
suspended on an employee's thirty first (31st) consecutive day of unpaid
leave and remains suspended until the date of his/her return to duty.
19.2.1 The parties agree that employees who resign from City service for
any length of time would begin credit for consecutive service from the date
of their hire and for purpose of this article their seniority date would
not apply. If an employee resigned and was subsequently rehired within one
month, the employee's seniority date would be their original hire date. However,
that seniority date would not apply to their eligible date for promotion.
19.3 Application: Seniority shall be used to govern layoff and recall, and
shall apply for the purpose of an employee's vacation preference, with the
exception of the Union President, who will be last to be laid off for purpose
of union representation.
19.4 Lay Off: In the event of a lay off for any reason, employees shall be
laid of in reverse order of seniority. Employees who are laid off shall have
the right to "bump" a less senior employee in lower ranking position in the
Department, provided the employee is qualified for the lower ranking
position.
19.5 Recall:
a. Employees in layoff status retain recall rights for twelve (12) months
from the date of layoff. The names and seniority dates of laid off employees
shall be placed on a recall list, a copy of which shall be supplied to the
Union.
b. Notice of Recall shall be given to the employee by Certified mail, return
receipt requested, sent to the most recent address contained in the laid
off employee's personnel records. Responsibility of each laid off employee
to keep the employer advised of his/her current address, if the employee
desires to be recalled. An employee who receives notice of recall, and desires
to be recalled shall execute the return receipt and notify the Director of
Human Resources no later than the close of business on the fourth (4th) working
day, after the receipt of notice, or lose recall rights. If a notice of recall
is unclaimed after ten (10) or more days from the date it was mailed, or
it is returned, it shall be presumed that the address was incorrect. An employee
who is offered recall, must report fit for duty, within 10 working days of
his/her notification to the Director of Human Resources, or lose recall
rights.
c. Employees shall be recalled in order of seniority as shown on the recall
list, and in accordance with Article 19.5 above. The employee with greatest
seniority shown on the list shall be recalled first. If after recall, vacancies
shall exist due to refusal or denial of recall, the Employer may fill vacancies
through normal hiring process.
d. Upon return of a laid off employee to a bargaining unit position, the
recalled employee shall be placed at the same pay step he/she occupied at
time of lay off, and will receive the rate of pay for that position at times
of recall. Benefits to be based on length of service at time of lay off.
e. Seniority shall not accrue during layoff, however, upon recall the employee
shall have the same seniority as he/she had at the time of layoff.
19.6 Loss of Seniority Employees lose seniority as a result of:
a. Termination
b. Retirement
c. Layoff exceeding twelve (12) months.
d. Absence without authorization exceeding three (3) consecutive working
days.
Back To The Table of Contents
ARTICLE 20: MAINTENANCE OF CONDITIONS
20.1 Work rules, regulations, policies and procedures of the Fire Department
in effect on the effective date of this Agreement or issued after the effective
date of this Agreement shall remain in full force and effect if not in conflict
with any articles or sections of this Agreement.
20.2 A written rule, regulation, policy or procedure in conflict with this
Agreement shall be resolved by modification of such rule, regulation, policy
to be compatible with this Agreement. A special conference shall be deemed
appropriate to resolve conflicts arising under this article.
Back To The Table of Contents
ARTICLE 21: JOINT OCCUPATIONAL SAFETY AND HEALTH PROGRAM
21.1 The Employer and Union desire to maintain high standards of safety and
health in the Fire Department to eliminate, insofar as possible, accident,
deaths, injured, and occupational illness.
21.2 Protective devices, wearing apparel and other equipment necessary to
properly protect Fire Fighters shall be provided by the Employer. These devices,
apparel, and equipment shall be inspected by a joint Occupational Health
and Safety Committee on a periodical basis to ensure proper maintenance and
replacement.
21.3 The Employer and the Union shall each appoint three (3) members to the
Occupational Health and Safety Committee. This committee shall meet every
six (6) months or sooner to discuss and resolve safety and health
conditions.
21.4 Safety committee members will be granted time off with pay when meeting
jointly with management, or for inspections or investigation of safety and
health problems in the Fire Department. A designated employee will be selected
and serve on the City wide safety committee to recommend spot corrections
of any violations, unsafe practices, or hazards.
21.5 The Employer shall not restrict the safety committee members from any
Fire Department facility when investigating health and safety conditions.
21.6 This committee shall be guided by, but not limited to, the following
principals:
a. Immediately investigate departmen accident, deaths, or injuries to determine
the fundamental causes.
b. Develop data to indicate accident sources and injury rates and develop
uniform accident reporting procedures.
c. Inspect the Fire Department facilities work methods, including training
procedures.
d. Actively promote safety and first aid training for committee members and
Fire Fighters.
21.7 In line with goals listed above, the committee shall:
a. Make periodic inspections of the Fire Department facilities, but no less
frequently than one (1) every six (6) months.
b. Make recommendation for the correction of unsafe or harmful work conditions.
All recommendations shall include a target date for abatement of hazardous
conditions.
c. Review and analyze all reports of accidents, deaths, injuries and illness.
Investigate causes and recommend rules and procedures for review at the next
committee meeting.
d. Keep minutes of all joint committee meetings and a written report shall
be prepared for review at the next committee meeting.
21.8 A record shall be kept of Department accidents, injuries and illness
and shall be maintained by the Fire Department and made available on request
to the safety committee members. These reports shall include all reports
required by State Department of Labor, under Occupational Safety and Health
Act of 1970.
21.9 A delegated Union representative and a management member shall accompany
the State Inspection Tour of the Fire Department facilities, subject to the
inspector's consent.
21.10 All disputes arising under this article and not resolved by the committee
shall be considered proper subjects for adjustment under Article 10, Grievance
Procedures.
21.11 An individual from the Fire Department will be designated to serve
on the City Accident Review Board.
21.12 The Employer agrees to vaccinate bargaining unit members against Hepatitis
B, at employees' discretion, and at no cost to the employee.
21.13 The Employer agrees to establish the type and amount of protective
devices through the medical director's suggestion and provide said items
to the department members to help guard against communicable disease.
Back To The Table of Contents
22.1 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.
22.2 In the event of invalidation of any article or section, both the Employer
and the Union agree to meet within ten (10) working days of such determination
or within an extended period upon mutual agreement for the purpose of arriving
at a mutually satisfactory replacement for such article or section.
Back To The Table of Contents
23.1 Wages, hours, benefits, and conditions of employment in effect on the
effective date of this agreement shall, except as modified herein, be maintained
during the term of this agreement.
23.2 Nothing in this agreement is to be construed to mean that employees
covered by this agreement may not receive benefits or rights greater than
other City employees.
23.3 Any dispute, grievance, or arbitration filed by a member of the bargaining
unit concerning this Article shall first be approved by the members of the
Union Executive Board.
Back To The Table of Contents
ARTICLE 24: OUTSIDE EMPLOYMENT
24.1 The City and the Union agree that no member of the Palm Bay Fire Department
shall expose themselves to further risk by serving as a paid or non paid
member of any other municipal pr private agency providing emergency fire
service.
Back To The Table of Contents
ARTICLE 25: INSURANCE AND OTHER FRINGE BENEFITS
25.1 For the FY 00/01, FY 01/02 and FY 02/03, the City agrees to provide
a Plan of Benefits for full time regular employees as described in this
Article.
25.2 The Plan of Benefits is separated into benefits called core benefits
and those called cafeteria plan benefits. All core benefits will be the
responsibility of the City. All cafeteria benefits would be charged to the
employee electing the benefits.
25.3 Level of Benefits
25.3.1 The core level of benefits are:
25.3.2 The cafeteria level of optional benefits include:
25.4 Cafeteria benefits are at the option of the employee. The City will
contribute $13.74 bi weekly per employee toward cafeteria benefits or $23.66
bi weekly per employee toward cafeteria benefits for employees with dependents.
25.5 Newly hired employees will be eligible for insurance coverage and City
financial contribution to the cafeteria plan on the first day of the month
following ninety (90) calendar days continued full time employment with the
City.
25.6 The City and the Union will continue to participate in an Insurance
Committee for the purpose of monitoring the financial integrity of the Insurance
plan and to advise the city's Human Resources Director as to the insurance
needs of City personnel. One (1) representative of this Bargaining Unit shall
be a member of the Committee. A representative of the Human Resources Department
and an advisor from the plan provider shall also be members of the Committee.
This Committee shall meet when necessary.
25.7 The employer will assure that life insurance policies are free form
conventional endorsement which may invalidate the policy because of smoke
or chemical fume inhalation.
25.8 Should either State or Federal government(s) mandate that the parties
to this agreement participate in a national or state health care program,
the parties agree that the level of health care benefits currently provided
to the employees covered by this agreement will not be diminished nor will
the employee's cost for those benefits be increased due to a mandated program
without both parties first bargaining for a change in such programs.
25.9 Members who are not covered under the city's health insurance program
(25.3.1, PPO or HMO), either as an employee or dependent, shall have added
an additional $520.00 per year, to be paid in bi weekly increments, to their
cafeteria sheet credits. The balance of the cafeteria sheet credits not spent
will be paid to the employee (after tax dollars) in their bi weekly
paycheck.
Back To The Table of Contents
ARTICLE 26: UNIFORMS AND EQUIPMENT
26.1 Standard uniforms protective clothing, and protective devices required
of employees in the performance of duties shall be furnished without cost
to the employees, by the employer.
26.2 The required uniform and equipment is as follows:
Definitions: Class "A 1" uniform shirt shall be of the same style or similar
dress shirt issued as a Class "A" shirt under the 1992 1995 agreement, but
limited to long sleeve.
Class "A 2" uniform shirt shall be a golf style pull over shirt with
collar.
Class "B" uniform shirt shall be of the same style or similar pullover tee
shirt issued under the 1992 1995 agreement.
Probationary employee shall receive protective clothing to meet National
Standards which will include:
1 Safety Helmet
1 Bunker Coat
1 Bunker Pants/Boots
1 Pair Gloves
1 Complete set of badges/collar brass
1 SCBA Face Mask
1 Pair safety toe uniform shoes/boots ($75.00 shoe/boot allowance) black
in color.
Probationary employees shall receive initial issue of the following uniform
equipment:
1 Uniform belt
3 Jumpsuits
2 Class "A 1" long sleeve shirts
5 Class "A 2" golf style pullover shirts with collars
4 Pants
1 Uniform jacket (winter)
1 Tie
1 Ball cap
5 Gym shorts
5 Class "B 1" uniform shirts
1 Gym bag
1 Windbreaker
The probationary employee will also be issued by the employer once he/she
is assigned to a shift:
2 Pillowcases
2 Bath towels
2 Wash Cloths
2 Sheets for Bunks
1 Blanket
Note: Probationary employees may be issued used equipment, which is in good
shape and meets current safety standards.
26.3 Uniform replacement will be on an exchange basis (one for one) as needed
by the employee.
A (*) denotes issued as needed, not necessarily annually. Other equipment
not denoted (*) when requested by the employee will be reissued annually,
up to the number indicated.
*1 Safety helmet
*1 Bunker coat
*1 Bunker pants/boots
*1 Pair bunker gloves
*1 Windbreaker
*1 Uniform belt (velcro)
*1 Uniform jacket (winter)
*1 Complete set of badges/collar brass
(Replacement shall be at the employee's expense based on the findings that
negligence by the employee was a factor in lost, damaged or destroyed
equipment.)
*1 Gym bag
*1 SCBA face mask
*2 Pillowcases
*2 Bath towels
*2 sheets for bunks
*1 Blanket
1 Baseball cap
2 Pair gym shorts (imprinted w/Palm Bay Fire Department logo
1 Pair safety toe uniform shoes/boots ($75.00 shoe/boot allowance) black
in color.
1 Class "A 1" uniform shirt (long sleeve)
3 Class "B" uniform shirts w/breast pocket and imprinting on rear.
2 Jumpsuits (employee choice of long or short sleeve)
2 Class "A 2" uniform shirts
2 Pair of Class "A" uniform pants.
26.4 Employees promoted to the position of Lieutenant shall receive one (1)
Class "A 1" and three (3) Class "A 2" shirts at the time of promotion and
when the probationary period has been successfully completed, two (2) more
Class "A 2" shirts. Badges and collar brass will be issued upon promotion.
26.5 Probationary Fire Inspectors shall receive initial issue of the following
uniform equipment::
1 Class "A 1" (long sleeve)
6 Pants
7 Class "A 2" golf shirts
3 Jumpsuits
1 Ball cap
3 Gym shorts
1 Windbreaker
1 Gym bag
3 Class "B" uniform shirts
1 Tie
1 Pair safety toe uniform shoes/boots ($75.00 shoe/boot allowance) black
in color.
Dual certified Inspectors shall be issued the following equipment:
*1 Safety helmet
*1 Bunker coat
*1 Bunker pants/boots
*1 Pair bunker gloves
*1 Uniform belt (velcro)
*1 Uniform jacket (winter)
*1 Complete set of badges/collar brass
(Replacement shall be at the employee's expense based on the findings that
negligence by the employee was a factor in lost, damaged or destroyed
equipment.)
During suppression assignments, the Duel Certified Inspector will be
issued:
2 Pillowcases
2 Wash cloths
1 Blanket
2 Bath towels
2 Sheets for bunks
1 SCBA face mask
26.6 Uniform replacement for Fire Inspectors will be on an exchange basis
(one for one) as needed by the employee.
A (*) denotes issued as needed, not necessarily annually. Other equipment
not denoted (*) when requested by the employee will be reissued annually,
up to the number indicated.
*1 Safety helmet
*1 Bunker coat
*1 Bunker pants/boots
*1 Pair bunker gloves
*1 Uniform belt (velcro)
*1 Uniform jacket (winter)
*1 Complete set of badges/collar brass
(Replacement shall be at the employee's expense based on the findings that
negligence by the employee was a factor in lost, damaged or destroyed
equipment.)
*1 Gym bag
1 Baseball cap
1 Gym shorts
1 Pair safety toe uniform shoes/boot ($75.00 shoe/boot allowance) black in
color
1 Class "A 1" uniform shirt (long sleeve)
1 Class "B" uniform shirt w/breast pocket and imprinting on rear.
1 Jumpsuit (employee choice of long or short sleeve)
2 Class "A 2" uniform shirts
2 Pair of uniform pants
26.7 Engine/Truck companies may wear Union tee shirts that were approved
as of October 1, 1991 on the following duty days:
a Saturdays
b. Sundays
c. Holidays
The Union will repair or replace any Union tee shirt damaged in the line
of duty, and release the City of the conditions of Article 26.10 of the
contract.
26.8 In the event it becomes necessary to wear a winter coat, and said fire
fighter has not been issued one, the fire fighter will be permitted to wear
a Union coat until the City issues the winter coat.
26.9 At its option, the Employer shall repair or replace, at no cost to the
Employee, or issue uniform components or equipment which are damaged or destroyed
in the line of duty. In that an employee's personally owned utility equipment,
including sunglasses, corrective lenses, watches, or similar items, (not
to include jewelry) are damaged or destroyed in the line of duty, the employer
agrees to repair or replace such equipment within thirty (30) days from the
filing of such claim at a cost not to exceed $20.00 for sunglasses: $50.00
or watches and other items not so stated in this article, not to include
jewelry; $200.00 for corrective lenses. Repair or replacement is based on
the finding that negligence by the employee was not a factor in reported
damaged or destroyed equipment. The employer is not required to honor claims
for repair or replacement if negligence on the part of the employee is the
factor of the claim.
Back To The Table of Contents
27.1 The Employer agrees that in the event of an on the job injury to a
bargaining unit member, such member shall be carried on the rolls of the
City of Palm Bay Fire Department and the time lost as a result of an on the
job injury will not be charged to any existing or future sick leave until
the employee is picked up by Workers' Compensation.
27.2 The Employer agrees that all bargaining unit employees suffering from
on the job injuries as contemplated under Chapter 440, Florida Statutes,
all reports and charges will comply with the Workers' Compensation Law.
27.3 The Employer agrees that any bargaining unit employee injured on the
job shall be paid for the entire work day. Any time spent receiving medical
care for an on the job injury shall be paid as time worked whenever the employee
is on duty. If a whole day is used due to a doctor's visit, then the City
agrees to pay for the full day. Employee shall submit a written doctor's
note verifying date and time.
27.4 The Employer shall attempt to provide any bargaining unit member who
is injured on the job, a temporary light duty position within the department/city
according to the doctor's specific "light duty" form. This temporary forty
(40) hour a week bargaining unit member's assignment will be with the intent
that the employee is physically able to return to full duty status within
a reasonable amount of time. Employees on the temporary forty (40) hour a
week assignment shall be covered by this Agreement as a non shift employee
for the duration of the temporary assignment.
Back To The Table of Contents
28.1 The Employer agrees that leave of absence without pay for a period not
to exceed thirty (30) days may be granted for any reasonable purpose for
a period not to exceed an additional 60 days, subject to the approval of
Fire Chief and City Manager.
28.2 The employer agrees that any bargaining unit employee may upon request,
be granted a leave of absence without pay by the City Manager for educational
purposes at any accredited institution provided it is related to the bargaining
unit member's employment. This period may be renewed from year to year at
the request of the bargaining unit employee to a maximum of three (3)
years.
28.3 The Employer agrees that all bargaining unit employees may obtain leave
of absence with or without pay for educational purposes to attend conferences,
seminars, briefing sessions, or other activities for a similar nature that
are intended to improve and upgrade the individual skills or professional
ability.
28.4 The Employer agrees that any bargaining unit employee who is on a duly
authorized leave of absence for less than ninety (90) days will continue
their accrued seniority up to the date they started the leave without pay.
Employees may maintain health benefits by paying the full cost of premiums.
28.5 Approval of leave will indicate the total period of time the employee
expects to be away for duty. It will also stipulate the conditions of
reinstatement. Normally, there can be no guarantee of entitlement to
position.
Back To The Table of Contents
ARTICLE 29: SCHOOLS AND TRAINING
29.1 Today's fire personnel require a greater knowledge of more complex areas
of social system than at any other time in history. Therefore, the employer
hereby adopts a liberal attitude in encouraging fire fighters to attend advanced
training and college courses.
29.2 A permanent employee who desires to obtain reimbursement by the employer
for a job related college or technical certification course (or prerequisite
for such course or course of study) shall, prior to enrolling in such course
and paying registration fee, submit an Educational Program Approval Form
to the City Manager through appropriate department channels. The request
shall state:
a. The institution, course of study, and job related purpose of the course:
b. The degree major/certificate sought;
c. The total number of semester/quarter hours for which reimbursement is
sought and the approximate cost thereof;
d. The estimated completion date for the program or semester.
29.3 Two courses per semester may be reimbursed.
29.4 The City Manager, after considering the recommendation of the Chief
(or his designee), shall grant or deny the request for reimbursement. The
City Manager's decision shall be final, except as provided in this article.
a. If the City Manager has not responded to a letter of intent approved by
the Chief within two weeks from the date of submission to the Chief, the
request shall be deemed approved.
b. An employee may submit a letter of intent for a plan of education which
exceeds one semester in length. Approval for such a plan shall not be governed
by subsection 1 above. Approval for such a plan of education may be revoked
for any succeeding semester not less than thirty (30) days prior to the last
day for registration for that semester.
29.5 An Employer who has received the City Manager's approval for educational
reimbursement shall, at the end of the course of study, or of the semester
(in the case of a continuing degree program), submit to the Chief (or his
designee) the following documents:
a. An itemized receipt showing payment for tuition (including enrollment
fees) and books utilized during each course of study;
b. A transcript, report card or other verifiable document reflecting the
grade achieved by the employee for the completed course(s).
29.6 The Employer shall provide reimbursement for approved educational expenses
according to the following schedule up to the per credit hour charge made
by Brevard Community College, or the University of Central Florida.
a. 100% reimbursement for courses in which a final grade of "A" is achieved;
or for courses in which a grade is not issued by the employee presents
documentation of successful completion of the course.
b. 80% reimbursement for courses in which a final grade of "B" is achieved;
c. 60% reimbursement for courses in which a final grade of "C' is achieved;
d. No reimbursement for courses in which the final grade of less than "C"
is achieved, or from which the employee has withdraw or been issued an
incomplete.
If the employee, receives the tuition reimbursement from any other source,
the reimbursement provided by the City shall be reduced by the amounts received
from other sources. Employees shall be required to inform the City of tuition
reimbursement received from any other source.
29.6.1 Any department sponsored paramedic student enrolled in the state
certification course shall be reimbursed one hundred (100%) percent for tuition
at the end of each semester successfully completed, upon submittal of appropriate
receipts and compliance with the other provisions of this article.
29.7 In order to receive educational reimbursement an employee must execute
a formal contractual agreement with the employer which provides that:
a. The employee agrees to remain in the City employment for a minimum of
one year from the end of the course or semester for which the employee receives
reimbursement; and;
b. The employee agrees to repay, pro rate, amounts received for educational
reimbursement if the employee's City employment terminates within one year
from the end of the course or semester for which the employee receives
reimbursement; and
c. The employee agrees that any funds, including accrued vacation and sick
leave balances, held for the employee by the Employer on the date of an
employee's termination may be applied to satisfy the employee's liability
for education reimbursement repayment under the agreement; and
d. The employee agrees to pay all costs, including a reasonable attorney's
fee, necessary to collect sums due in the event the Employer is required
to institute legal action to recover educational reimbursement funds for
which the employee is liable.
29.8 Whenever possible, the Employer agrees to modify the working schedule
of bargaining unit employees attending advanced schools or college courses
which are job related.
A bargaining unit employee upon request may be granted unpaid leave of absence
by the City Manager at his/her discretion for educational purposes at any
accredited institution when it is related to the bargaining unit member
employment.
29.9 Bargaining Unit members who are required to attend E.M.T. refresher
classes during normal duty hours, shall be allowed to attend at no loss of
pay, subject to the approval of the Fire Chief/designee.
29.10 In the event of an employee's death, educational repayments to the
City will be waived. In the event of an employee's job related disability,
repayments to the City will be waived until such time as the Employee is
reinstated to full unrestricted duty. If the employee must retire as a result
of a job related disability, the balance of the payments to the City will
be waived.
29.11 If manning permits, employees who have obtained fire management approval,
will be permitted to attend job related schools or training without loss
of pay or benefits, whether or not the City is providing financial assistance.
The employee shall be required to fill out a vacation request to be used
in the event it is needed for the employee's to take the day off. It is
understood between the parties that the employee's absence will not cause
the City to be responsible for any overtime payments and that minimum manning
includes any previously scheduled, department approved training.
Back To The Table of Contents
ARTICLE 30: LEGAL DEFENSE AND INDEMNIFICATION
30.1 The City will provide legal defense of all personnel covered by this
contract in accordance with Florida State Statue 111.07.
Back To The Table of Contents
31.1 The Employer shall provide a washer and dryer at each Fire Station for
the sole purpose of maintaining Department issued clothing and bed linens.
The shift members shall make the reasonable attempt to combine shift members
laundry to obtain the best cost effective service. Department members will
not be required to wash non shift members' laundry.
31.2 Each bargaining unit member shall be responsible for his/her own linens
and exchange unserviceable linens for re issue. For inventory of linens issued,
see Article 26, Issued Equipment.
31.3 Unit members may use department facilities and products for cleaning
personal items worn and used while on duty on the same duty day.
Back To The Table of Contents
32.1 A work shift for the shift employees shall normally be defined as a
twenty four (24) consecutive hour tour of duty with an interim of forty eight
(48) consecutive hours off. The change of shift will commence at 7:00 a.m.
(0700 hours).
32.2 All cases of shift exchange will be reviewed and approved by the Fire
Chief/designee. Time cards shall reflect the time worked or time lost.
32.3 Non shift employees shall normally work a five (5) day, forty (40) hour
workweek (Monday Friday). Non shift employees shall receive one, fifteen
(15) minute break in the morning and one, fifteen (15) minute break in the
afternoon, and a one-half hour unpaid meal period. The two fifteen minute
breaks may be combined with the meal period with the approval of the employee's
supervisor. The commencement of the work day for non shift employees shall
begin between 7:00 a.m. (0700) and 9:00 a.m. (0900), as agreed by the employer
and individual employees.
32.4 It is agreed and understood that a twenty four (24) hour Kelly Day (a
paid day off) shall be scheduled every twenty eight (28) shifts, to implement
and attain the average of a fifty four (54) hour work week.
32.5 Kelly Days shall be selected every July of the odd year. Selection will
be based on department's seniority by shift. For the purpose of calculating
overtime a Kelly Day shall be considered as time worked. However, there shall
be no premium pay on a Kelly Day cycle. Change of classification may result
in a change of selected Kelly Day.
32.6 No more than one Platoon Captain shall be off on a Kelly Day at the
same time,
with a maximum of two personnel off per shift on a Kelly Day. (This to include
both bargaining units.)
32.7 Kelly Day exchange without regards to rank will be permitted if the
Kelly Day
manning requirement is met.
32.8 Eight (8) hours will be added to vacation accumulation per year effective
July 1, 1997 for Platoon Captains.
All time off under this provision will be reduced by the number of regularly
scheduled shift personnel on, paid military leave [normal reserve training
17 days], vacation, and by the number of personnel on their Kelly Day off.
32.9 The following formula will be used to schedule off duty time for the
reasonable use of compensatory time, vacation, etc.:
a. Twenty percent (20%) rounded up to the next whole number of the regularly
scheduled assignments on shift work shall, except under emergency circumstances,
be allowed the use of their accrued compensatory time, vacation, and other
accrued time. (To be inclusive of both bargaining units)
b. All time off under this provision will be reduced by the number of regularly
scheduled shift personnel on, paid military leave [normal reserve training
17 days], vacation, and by the number of personnel on their Kelly Day off.
(To be inclusive of both bargaining units.)
Back To The Table of Contents
ARTICLE 33: RESERVED FOR FUTURE USE
34.1 The parties acknowledge that during the negotiations which resulted
in this Agreement, each had the right and opportunity to make proposals with
respect to subjects or matters not removed by law from the area of collective
bargaining.
34.2 The understanding and agreements arrived at by the parties after the
exercise of such right and opportunity are set forth in this Agreement.
34.3 All appendices and amendments to this Agreement, if any shall be numbered
or lettered, dated and signed by the responsible parties and shall be subject
to all provisions of this Agreement. The Agreement shall be binding upon
all successors of the parties hereto in all respects.
Back To The Table of Contents
ARTICLE 35: PHYSICAL EXAMINATIONS
35.1 All bargaining unit employees that undergo a complete physical, shall
do so during the window period of June 1 through August 31 of each year.
Although, a volunteer program there shall be a minimum requirement for line
(combat) personnel to take a physical every two (2) years and administrative
employees every third (3) year. The City agrees to meet with the Union after
the close of the window in order to evaluate the quality of the physical
and receive Union recommendations.
35.2 Bargaining unit employees who wish to use their own doctor for their
physical must include at a minimum the items as contained in 35.2 and have
prior approval of the Fire Chief or designee. Cost of this physical is 100%
borne by the unit member. A copy of the physical must be given to the City.
35.3 All bargaining unit employees shall undergo an illegal substance abuse
urine testing as part of the physical, whether they use the City or their
own doctor for their physical.
a. The physical examination provided by the Department shall consist of the
following areas:
History and Vitals
Height and Weight
Sugar Albumin
Vision Test
Audio Screen
Pulmonary Function
Physician's Examination
E.K.G.
Urinalysis for illegal substance abuse and nicotine
CB/Chem 24 Blood Test
* Chest X-Ray or TB test
** Mammography (Optional for certified female fire fighters over the age
of 40 at the discretion of the employee)
** Hepatitis Screen (optional for certified fire fighters at the discretion
of the employee)
** Rubella Immunization (optional for certified female fire fighters of child
bearing age at the discretion of the employee)
**Note: Are to be given at time of physical only except for exposure
*Note: Chest x-ray shall be optional for all employees, at employees' discretion,
except in the following case: If the attending physician feels it is in the
best interest of the employee to have a chest x-ray. The Department and Union
encourage those who smoke to consult with the attending physician in reference
to the possible benefits of yearly chest x-rays.
b. Cardiovascular Wellness Program, performed on Fire Department property,
to include:
HDL Blood Testing, and Titer
*Health and Fitness Profile
Retest of Fitness Profile
Body Composition Analysis
*Denotes the Following: To include orientation, and individual program including
individual physical fitness program. If the physician's interpretation of
program indicates the need for a stress EKG, this will be discussed with
the employee and the Employer's medical representation.
c. The Employer, Department, and Union recognize the acute cardiovascular
accident potential and with a diligent effort to support and comply with
this cardiovascular wellness program by the individual employee, the projected
benefits will be realized.
35.4 Those personnel who have had a City FST-2 physical as stated in Article
35.2.1 within the last six (6) months shall be excluded from Article 35.1
and 35.2 of this Agreement.
35.5 A complete copy of the physical shall be provided to each employee,
at no cost to the employee, upon completion of the physical. Upon receipt
of a stamped self addressed envelope to the testing lab, a copy of the urine
testing shall be sent to each employee by the testing lab.
35.6 Bargaining Unit members who test positive on illegal substance abuse
testing shall be suspended without pay. A second test from the original specimen
shall be immediately ordered. One rehabilitation only will be permitted.
Three random tests a year for two years following rehabilitation shall be
conducted. Those who test positive after rehabilitation, shall be terminated.
Those who test positive, shall meet with the Human Resources Director, and
enter a rehabilitative program for his/her problems. Bargaining unit members
refusing rehabilitation shall be terminated.
35.7 Any member who feels they have been exposed to a contagious disease
with concurrence of the Department's Infectious Control officer will be at
City expense, as soon after the incident is reported, concurred to by the
Infectious Control officer and scheduling with the appropriate testing center
can be done.
35.8 If the Doctor determines further testing is required due to a condition
that is covered under the heart and lung bill, a First Report of Injury will
be completed and the employee will be referred to a worker's compensation
doctor for the required tests. The tests results will be sent to the examining
doctor for completion of the physical examination. Additional testing for
a condition not covered by the heart and lung bill will be borne by the unit
member.
Back To The Table of Contents
ARTICLE 36: DURATION OF AGREEMENT
36.1 Except as otherwise provided, this Agreement shall take effect October
1, 2000, upon the ratification by both parties, and shall continue in full
force and effect until September 30, 2003. Negotiations for Fiscal 03 04
shall commence the first Monday in May 2003.
Back To The Table of Contents
37.1
a. Except as provided otherwise in this article, the Employer agrees to maintain
the present retirement plan for Fire Fighters for the duration of this
agreement.
b. The Employer agrees to make changes to the retirement system effective
October 1, 1997, that enables Employees to receive a three percent (3%)
multiplier benefit for all years of service with the city of Palm Bay as
a Sworn Fire Fighter, once the employee has reached twenty (20) years of
credited service as a Palm Bay Fire Fighter.
37.2 The Union recognizes the Employer's right and duty to maintain the actuarial
soundness of the existing contributory Fire Fighters' retirement system in
order to provide secure retirement benefits for all present and future
participants.
37.3 City agrees to provide long term disability benefits to members of the
unit. The long term disability will pay up to a maximum of sixty six and
two thirds (66 2/3%) of the employees base salary. All qualifications,
restrictions, and definitions of how the plan is to function shall be conveyed
to the Union through the written insurance policy obtained by the City. The
liability on the part of the City to provide long term disability for both
on the job and off the job injury to a maximum of sixty six and two thirds
(66 2/3%) percent of Base Monthly Pay shall be limited to the restrictions
of the Policy.
37.4 The City shall provide Health Insurance Benefits for all employees and
their dependents who retire due to a service connected disability as defined
in the City of Palm Bay Police Fire Pension Plan. The Health Insurance benefits
shall be offered under the City's group rate with the employee paying for
the entire cost for a single or family plan. The Health Insurance benefits
provided in this article shall not be less than the benefits provided to
current employees.
37.5 In an effort to comply with the recent Legislative changes to Chapter
99 1, Laws of Florida, and as a result of a labor management meeting held
on Tuesday, October 26, 1999, it is agreed and understood by both parties
to the following changes to the pension plan:
37.6 It is agreed and understood that the employee's
contribution rate (percent of salary) will be subject to increase to a maximum
of four percent (4%), decrease or no change to provide for benefit improvements.
The City's contribution rate will not be affected by said improvements. Members
contributions to the plan shall be adjusted to limit the City's normal cost
rate to 9.59% of payroll for active members. (See Appendix
A)
37.7 The City agrees to institute a Deferred Retirement Option Plan (DROP)
administered by the Retirement Board.
37.8 The City and Union agrees to request the Retirement Board to:
37.8.1 Raise assumed rate of investment return from 8% to 8.5%.
37.8.2 Reduce the assumed rate of salary increases from 7% to 6.5%.
37.8.3 Amortize any unfunded liabilities arising from the benefit changes
as a level percent of covered payroll, rather than a level dollar amount.
37.9 The City and Union agrees that a break in service shall be defined as
provided for by City Policy.
"The seniority and evaluation date of each employee is established when they
are first employed by the City. The seniority date remains unchanged as long
as employment remains without termination, transfer to other than regular
full time status, for other unpaid breaks in service of more than thirty
calendar days, except in the case of Workers Compensation absences and/or
as specifically authorized by statute for military duty. Evaluation dates
remain unchanged unless the employee is promoted to a higher position or
is reduced in grade for cause. These dates are also changed (seniority and
evaluation dates brought forward) when unpaid absences as noted above occur.
Absences within the confines of the Family Medical Leave Act do not alter
an employee's seniority or evaluation date. (FMLA absence envelopes the thirty
days noted above.)"
Back To The Table of Contents
ARTICLE 38: FORMAL INVESTIGATIONS
38.1 The Employer agrees to abide with Sections 112.80-112.84, Florida Statutes,
otherwise known as the Florida Fire Fighters Bill of Rights, with regards
to formal investigations.
38.2 When the City decides to initiate changes in its current disciplinary
policies the bargaining unit will be afforded the opportunity to negotiate
the same prior to its implementation.
38.3 The Union President, or in his absence other elected official shall
receive notice whenever a bargaining unit member comes under a formal
investigation by the department.
38.4 Upon the completion of a formal investigation all involved, Bargaining
Unit members will receive written notification from the Chief's office stating
the final disposition of the investigation. The Union shall receive a copy
of said disposition.
Back To The Table of Contents
ARTICLE 39: ALCOHOL AND SUBSTANCE ABUSE POLICY
39.1 The City recognizes the fact that Fire Fighters are not immune from
problems which face society in general. The problems of alcohol and substance
abuse have become widespread throughout our community and nation. The purpose
of this policy is to reduce and hopefully eliminate alcohol and drug abuse
by employees, while also recognizing the rights of employees to privacy and
protection from searches of any kind which are inherently intrusive and which
should not be undertaken except for real problem situations. This policy
is intended to be corrective rather than punitive in application. The City,
Fire Department and Union will make the joint statement that alcohol and
substance abuse are illnesses that can be treated. The parties jointly agree
that it violates City policy for employees to engage in criminal conduct,
including using, personally possessing or distributing illegal substances
on or off duty.
39.2 ALCOHOL/SUBSTANCE ABUSE PROHIBITED.
a. Employees are prohibited from personally possessing, using, distributing
or being under the influence of alcohol or illegal drugs while on the job.
b. Employees are prohibited from using, personally, possessing distributing
or selling illegal drugs off duty. Evidence of such off duty conduct shall
be limited to the arrest of the employee for using, personally possessing,
distributing or selling illegal drugs off duty.
39.3 VOLUNTARY ASSISTANCE PROGRAM.
Employees who voluntarily seek help (step forward prior to taking a test
for alcohol or substance abuse) who have an alcohol or substance abuse problem,
will be given whatever assistance possible in being placed in an
alcohol/substance abuse program, through the EAP program, or program approved
by the City and Union, until released by the program for return to work.
While in the program, the employee may use his/her sick leave, vacation,
compensatory time, or leave without pay, if necessary to take time off to
attend the program. The employee will be allowed to return to work when approved
by the EAP approved counselor or other authorized program. Participation
in such a program shall not be the basis for disciplinary action, or grounds
for testing. The only exception would be testing pursuant to the requirements
of the alcohol/substance abuse program or other authorized rehabilitation
program.
39.4 CITY'S RIGHT TO TEST.
The City shall test all employees of the Fire Department for substance abuse
during the physical in accordance with the provisions of Article 35 of this
Agreement.
The City shall have the right to test employees at times other than during
the physical if the employee has allegedly violated Article 39.2 above. The
testing for alcohol and substance abuse shall be in accordance with Rule
VIII, Section 22, Drug Free Workplace, of the Personnel Rules and
Regulations.
39.5 DRUG FREE WORKPLACE POLICY.
A. It is the City's policy that employees present themselves for duty, free
of the influence of illegal drugs or other intoxicants. The use of illegal
drugs and the abuse of alcohol by City employees constitutes a danger to
the employee, fellow employees, and the general public. The use, sale, or
possession of an illegal drug or alcohol in the workplace may negatively
affect the City's efficiency in providing service to its citizens and can
have an adverse impact on how the public perceives the City and its
employees.
B. The use, consumption, possession, distribution, manufacture, or being
under the influence of illegal drugs or alcohol by employees while performing
job duties for the City is specifically prohibited.
(1) Employees are prohibited from possessing, using, distributing or being
under the influence of alcohol while on the job or on City property. City
property includes such areas as parking lots, vehicles, break rooms and locker
rooms.
(2) The use, consumption, possession, distribution or sale of illegal drugs,
whether on or off duty, is prohibited as it may affect on the job performance
and the confidence of the public in the City's ability to provide services
and meet its obligations.
(3) If an employee has knowledge of the use and/or presence of alcohol or
illegal drugs in the workplace, he/she should immediately report this information
to his/her supervisor or to the Human Resources Department. Reports, complaints
and investigations will be kept confidential to the extent permitted by
law.
C. DEFINITIONS:
(1) Drug Test or "test" means any chemical, biological, or physical instrumental
analysis administered for the purpose of determining the presence or absence
of a drug or its metabolites.
(2) Initial drug test means a sensitive, rapid, and reliable procedure to
identify negative and presumptive positive specimens. All initial tests shall
use an immunoassay procedure or an equivalent, or shall use a more accurate
scientifically accepted method approved by the Agency for Health Care
Administration as such more accurate technology becomes available in a cost
effective form.
(3) Confirmation test "confirmed test" or "confirmed drug test" means a second
analytical procedure used to identify the presence of a specific drug or
metabolite in a specimen. The confirmation test must be different in scientific
principle from that of the initial test procedure. This confirmation method
must be capable of providing requisite specificity, sensitivity, and quantitative
accuracy.
(4) "Illegal drug" means any narcotic, barbiturate, marijuana, central nervous
system stimulant, hallucinogen, cocaine or any controlled substance as defined
by Section 893.03, Florida Statutes, as amended from time to time, not possessed
or used in accordance with a lawful prescription.
(5) Specimen means a tissue, hair, or product of the human body capable of
revealing the presence of drugs or their metabolites.
(6) Adulterated or tampered specimen means a specimen reflecting the presence
of a foreign substance, reflecting clinical signs or characteristics not
associated with a normal specimen, or if an endogenous substance is present
at a concentration greater than the normal physiological concentration. An
adulterated or tampered with test, or a test that is unable to be tested
due to tampering or adulterants will be considered as a refusal to submit
to the test and the employee will be subject to disciplinary action, up to
and including dismissal.
D. This paragraph will only apply if a CDL driver's license is required,
per the employee's job description. The City Manager, or designee, may require
an employee to submit to drug and/or alcohol testing as required by the Federal
Highway Administration (FHWA) Controlled Substances & Alcohol Use &
Testing Program, 49 CFR 382 et seq. This federal regulation also known as
"CDL Testing" requires testing for alcohol as well as for controlled substances.
Drug and alcohol threshold levels and procedures for CDL testing shall be
as specified in 49 CFR 382, et seq.
The City Manager, or designee, may also require an employee to submit to
testing when the City Manager, department head, or the employee's immediate
supervisor has a reasonable suspicion to believe that the employee has possessed,
used, distributed or been under the influence of illegal drugs or alcohol
in violation of this policy. A reasonable or founded suspicion is an opinion
which is based on specific and articulable facts and reasonable inferences
drawn from those facts in light of experience. A supervisor may suspect that
an employee is using or under the influence of illegal drugs or alcohol by
observing symptoms or behavior, including but not limited to:
(1) Excessive Absenteeism or chronic lateness.
(2) Drowsiness or sleepiness.
(3) Alcohol on breath.
(4) Slurred or incoherent speech.
(5) Unusually aggressive behavior.
(6) Unexplained change in mood.
(7) Lack of manual dexterity or coordination.
(8) Unexplained work related accident or injury.
(9) Arrest for drug or alcohol related crime.
(10) Vehicle accident with death or injury to employee or another.
(11) Any DOT related incident resulting in injury or property damage (this
only applies for employees required per their job description to have a CDL
driver's license).
(12) Suffered a worker's compensation injury
The decision to require the employee to submit to testing in the case of
suspected alcohol abuse, or in the case of suspected drug abuse, will require
the approval of the City Manager, or designee, upon recommendation of the
department head for employees below department head level, prior to any test
taking place. The cost of such test shall be the City's responsibility. Employees
who are using a lawfully prescribed drug are encouraged to notify their
department head and/or the Human Resources Department in advance of taking
a drug test. The Police Department will be notified if illegal drugs are
found or involved. The City, in coordination with law enforcement officers,
reserves the right to search City property and facilities.
E. If an employee is ordered back to duty for testing, the employee shall
be paid in accordance with Article XVII of this Agreement.
F. The Union shall be notified when the City implements the reasonable suspicion
testing procedures, and shall be provided with all paperwork/certifications
causing the City to test the employee. When the Union is representing the
employee, the Union President shall receive copies of the results of the
tests performed.
G. All test samples will be collected at a designated facility as arranged
through the Human Resources Department. Chain of custody procedures, security
procedures, and specimen collection (access to authorized personnel only,
privacy, and integrity and identity of specimen) at the designated facility
shall be in accordance with Chapter 59A 24.005, Florida Administrative Code.
(1) Employees who are required to submit to a test for the presence of alcohol
or illegal drugs shall sign an authorization releasing all test results and
records to the City. Any employee who refuses to sign such authorization,
or who refuses to submit to alcohol or drug testing in accordance with this
policy, shall be subject to disciplinary action, up to and including
discharge.
(2) While awaiting the results of the test, the employee will be removed
from active duty and may be placed on annual leave, sick leave, or leave
without pay. If the results of the test is negative, the employee will have
his/her time reinstated. If placed on leave without pay, the employee will
be paid for the time they would normally have worked.
H. In testing for the presence of alcohol, testing that provides quantitative
results showing the amount of alcohol present in the blood will be utilized.
The threshold level for a determination that an employee is under the influence
of alcohol shall be in accordance with the appropriate Florida State
Statute.
I. In testing for the presence of illegal drugs, the following procedures
shall be followed:
(1) The employee shall be required to provide two specimens at the time of
collection.
(2) The first of the samples shall be submitted for the initial drug test.
The City shall l comply with the initial drug testing parameters set forth
in Chapter 59A 24.006(4)(e) 1. And 2., Florida Administrative Code, as may
be amended from time to time. If the results of this test are negative, no
further testing will be conducted, unless the city determines the confirmation
test is necessary.
(3) If the results of the initial test are positive, the sample will be submitted
for the confirmation test to verify the initial test results. The City shall
comply with the confirmation drug testing parameters set forth in Chapter
59A 24.006(f)(f) 1. And 2., Florida Administrative Code, as may be amended
from time to time.
(4) If the results of the second test are positive, the City shall notify
the employee of the results. At that time, the employee may elect to have
the second sample subjected to testing. If the tests on the second sample
are positive, or if the employee does not request testing of the second sample,
the City may take corrective and/or rehabilitative action as provided below,
including disciplinary action where appropriate.
J. All results of any testing shall be kept confidential, except as to disclosure
to the Fire Chief, City Manager, Human Resources Director or EAP
counselor/authorized program, and as stated in Section F of this Article.
K. Any employee found to have possessed, used, or been under the influence
of illegal drugs or alcohol while on duty shall be discharged. To be considered
on duty, the employee must have reported to work and testing was requested
in accordance with Section D. Of this Article. Once the supervisor determines
testing is necessary and the supervisor makes the request to test in accordance
with this Article, the testing process has begun and the employee would be
barred from this point forward to request rehabilitation in lieu of submitting
to the appropriate test(s). Testing positive on the city's annual physical
will not be considered as on duty.
L. Any employee who is convicted of a crime involving substance abuse is
required to notify the City's Human Resources Department no later than five
days after such conviction.
39.6 EXPEDITED ARBITRATION OF REASONABLE SUSPICION.
If an employee disputes the certification of reasonable suspicion, the employee
must nonetheless, submit to testing as ordered while simultaneously filing
a grievance over the order. The employee may file this grievance through
the designated Union grievance representative, legal counsel, or any other
means as stated in Florida Statutes. The grievance shall immediately be subjected
to the expedited arbitration process of the Federal Mediation and Conciliation
Service unless the City and Union mutually agree to a local arbitrator. A
finding of no reasonable suspicion means the specimen shall be destroyed,
and the employee shall suffer no adverse consequences. Pending the arbitrator's
decision, which shall be final and binding, the test sample(s) shall be frozen
and/or preserved. The related costs of the expedited arbitration and freezing
and/or preserving the test sample(s) shall be borne by the losing party.
Where the Union does not represent the employee, and the arbitrator rules
in favor of the City, the employee shall be deemed the losing party and bear
full costs. Refusal to submit to testing under the terms stated above may
be grounds for disciplinary action, up to and including dismissal.
39.7 DISCIPLINE PENDING REHABILITATION.
39.7.1 No employee shall be disciplined for alcohol/substance abuse if the
employee enrolls in and completes a rehabilitation program.
39.7.2 Nothing in this Article shall prevent the City from disciplining an
employee for acts that, without regard to whether an employee was using drugs
or alcohol, would merit discipline. For example, an employee who is arrested
and convicted of a misdemeanor or subject to a written reprimand.
39.8 REHABILITATION
39.8.1 In the event that the results of the test are positive, and the employee
was not on duty in accordance with Section 39.5 K of this Article, the employee
will enter and remain in an alcohol/substance abuse program approved by the
City and Union until the approved program administrator is able to state
that the employee has successfully completed the approved treatment program/plan.
While in the program the employee will be allowed to return to work, if the
authorized program or EAP administrator approves; if not, the employee may
be placed on sick leave, vacation, compensatory time, or leave without pay
until approved to return to work.
39.8.2 If the employee does not complete the approved treatment program/plan,
or refuses to enter the rehabilitation program, he/she may be disciplined
up to and including discharge. If the employee successfully completes the
approved treatment program/plan as determined by the authorized program or
EAP administrator, the employee will be permitted to return to work.
39.8.3 Three (3) random tests a year for two (2) years following rehabilitation
shall be conducted.
39.8.4 One rehabilitation only will be permitted. An employee who tests positive,
or has an adulterated or tampered specimen, after rehabilitation, shall be
terminated.
39.9 MISCELLANEOUS
39.9.1 The City agrees to hold the Union harmless, for any expenses arising
out of litigation concerning this drug testing Article.
39.9.2 Nothing in this Article shall constitute a waiver of any employee's
constitutional or statutory rights.
39.9.3 In the event this Article is interpreted as being insufficient to
afford the City a reduction in its' worker's' compensation rates under Florida
State Statutes, the parties shall meet to renegotiate this Article to that
end.
Back To The Table of Contents
ARTICLE 40: TRANSFER OF CITY SERVICE
40.1 In the event of the transfer of the Fire Department or any of its functions
to any other governmental or private entity, all rights and benefits of the
transferred employees shall remain in effect for the term of this
agreement.
40.2 Palm Bay Professional Fire Fighters must be offered a comparable position
to their current classification or severance pay equal to three years base
pay, and six months of COBRA health insurance payments. Said payments are
the responsibility of the entity assuming control of the Fire operations.
40.3 This Article will be for all members employed at time of take over or
who have been laid off within the last year.
40.4 The Union for enforcement of this Article shall hold the City
harmless.
Back To The Table of Contents
IN WITNESS WHEREOF, THE PARTIES HAVE CAUSED THIS AGREEMENT TO BE SIGNED BY
THEIR DULY AUTHORIZED REPRESENTATIVE ON THIS
______________ DAY OF___________________________, 2000.
FOR THE CITY FOR THE UNION
It is agreed and understood as per Article 37, under
Article 37.6 that the members will increase their benefits
affective April 1, 2001 by the following benefits:
Back To Article 17 Compensation
|
10/1/2000 |
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
12 |
13 |
14 |
15 |
16 |
|
SCBA Tech |
34396 | 35169 | 35959 | 36769 | 37596 | 38442 | 39307 | 40192 | 41096 | 42021 | 42966 | 43934 | 44921 | 45933 | 46966 | xxxxx |
|
Training Officer |
34396 | 35169 | 35959 | 36769 | 37596 | 38442 | 39307 | 40192 | 41096 | 42021 | 42966 | 43934 | 44921 | 45933 | 46966 | xxxxx |
|
App/Fac. Maint. Mgr |
39830 | 40726 | 41643 | 42580 | 43538 | 44517 | 45520 | 46544 | 47591 | 48661 | 49756 | 50876 | 52021 | 53191 | 54388 | xxxxx |
|
Sr. Fire Inspector |
39830 | 40726 | 41643 | 42580 | 43538 | 44517 | 45520 | 46544 | 47591 | 48661 | 49756 | 50876 | 52021 | 53191 | 54388 | xxxxx |
|
Training Coordinator |
39830 | 40726 | 41643 | 42580 | 43538 | 44517 | 45520 | 46544 | 47591 | 48661 | 49756 | 50876 | 52021 | 53191 | 54388 | xxxxx |
|
EMS Coordinator |
39830 | 40726 | 41643 | 42580 | 43538 | 44517 | 45520 | 46544 | 47591 | 48661 | 49756 | 50876 | 52021 | 53191 | 54388 | xxxxx |
|
Captain |
xxxxx | xxxxx | xxxxx | xxxxx | xxxxx | 44517 | 45520 | 46544 | 47591 | 48661 | 49756 | 50876 | 52021 | 53191 | 54388 | 55612 |
|
Training Commander |
43892 | 44879 | 45890 | 46923 | 47977 | 49058 | 50161 | 51291 | 52443 | 53624 | 54831 | 56064 | 57326 | 58616 | 59935 | xxxxx |
|
10/1/2001 |
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
12 |
13 |
14 |
15 |
16 |
|
SCBA Tech |
35428 | 36224 | 37038 | 37872 | 38724 | 39595 | 40486 | 41397 | 42329 | 43282 | 44255 | 45252 | 46269 | 47311 | 48375 | xxxxx |
|
Training Officer |
35428 | 36224 | 37038 | 37872 | 38724 | 39595 | 40486 | 41397 | 42329 | 43282 | 44255 | 45252 | 46269 | 47311 | 48375 | xxxxx |
|
App/Fac. Maint. Mgr |
41025 | 41948 | 42892 | 43858 | 44844 | 45852 | 46885 | 47940 | 49019 | 50121 | 51249 | 52402 | 53582 | 54787 | 56020 | xxxxx |
|
Sr. Fire Inspector |
41025 | 41948 | 42892 | 43858 | 44844 | 45852 | 46885 | 47940 | 49019 | 50121 | 51249 | 52402 | 53582 | 54787 | 56020 | xxxxx |
|
Training Coordinator |
41025 | 41948 | 42892 | 43858 | 44844 | 45852 | 46885 | 47940 | 49019 | 50121 | 51249 | 52402 | 53582 | 54787 | 56020 | xxxxx |
|
EMS Coordinator |
41025 | 41948 | 42892 | 43858 | 44844 | 45852 | 46885 | 47940 | 49019 | 50121 | 51249 | 52402 | 53582 | 54787 | 56020 | xxxxx |
|
Captain |
xxxxx | xxxxx | xxxxx | xxxxx | xxxxx | 45852 | 46885 | 47940 | 49019 | 50121 | 51249 | 52402 | 53582 | 54787 | 56020 | 57280 |
|
Training Commander |
45209 | 46226 | 47266 | 48330 | 49417 | 50530 | 51666 | 52830 | 54017 | 55233 | 56476 | 57746 | 59045 | 60375 | 61733 | xxxxx |
|
10/1/2002 |
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
12 |
13 |
14 |
15 |
16 |
|
SCBA Tech |
36313 | 37130 | 37964 | 38819 | 39692 | 40585 | 41498 | 42432 | 43387 | 44364 | 45362 | 46383 | 47426 | 48494 | 49584 | xxxxx |
|
Training Officer |
36313 | 37130 | 37964 | 38819 | 39692 | 40585 | 41498 | 42432 | 43387 | 44364 | 45362 | 46383 | 47426 | 48494 | 49584 | xxxxx |
|
App/Fac. Maint. Mgr |
42051 | 42997 | 43964 | 44954 | 45965 | 46998 | 48058 | 49138 | 50244 | 51374 | 52530 | 53712 | 54921 | 56157 | 57420 | xxxxx |
|
Sr. Fire Inspector |
42051 | 42997 | 43964 | 44954 | 45965 | 46998 | 48058 | 49138 | 50244 | 51374 | 52530 | 53712 | 54921 | 56157 | 57420 | xxxxx |
|
Training Coordinator |
42051 | 42997 | 43964 | 44954 | 45965 | 46998 | 48058 | 49138 | 50244 | 51374 | 52530 | 53712 | 54921 | 56157 | 57420 | xxxxx |
|
EMS Coordinator |
42051 | 42997 | 43964 | 44954 | 45965 | 46998 | 48058 | 49138 | 50244 | 51374 | 52530 | 53712 | 54921 | 56157 | 57420 | xxxxx |
|
Captain |
xxxxx | xxxxx | xxxxx | xxxxx | xxxxx | 46998 | 48058 | 49138 | 50244 | 51374 | 52530 | 53712 | 54921 | 56157 | 57420 | 58712 |
|
Training Commander |
46339 | 47381 | 48448 | 49539 | 50652 | 51793 | 52957 | 54150 | 55367 | 56613 | 57888 | 59189 | 60522 | 61884 | 63276 | xxxxx |
|
4/1/2003 |
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
12 |
13 |
14 |
15 |
16 |
|
SCBA Tech |
36858 | 37687 | 38534 | 39401 | 40287 | 41194 | 42121 | 43069 | 44038 | 45029 | 46042 | 47079 | 48137 | 49221 | 50328 | xxxxx |
|
Training Officer |
36858 | 37687 | 38534 | 39401 | 40287 | 41194 | 42121 | 43069 | 44038 | 45029 | 46042 | 47079 | 48137 | 49221 | 50328 | xxxxx |
|
App/Fac. Maint. Mgr |
42681 | 43642 | 44624 | 45628 | 46655 | 47703 | 48778 | 49876 | 50998 | 52145 | 53318 | 54518 | 55745 | 56999 | 58282 | xxxxx |
|
Sr. Fire Inspector |
42681 | 43642 | 44624 | 45628 | 46655 | 47703 | 48778 | 49876 | 50998 | 52145 | 53318 | 54518 | 55745 | 56999 | 58282 | xxxxx |
|
Training Coordinator |
42681 | 43642 | 44624 | 45628 | 46655 | 47703 | 48778 | 49876 | 50998 | 52145 | 53318 | 54518 | 55745 | 56999 | 58282 | xxxxx |
|
EMS Coordinator |
42681 | 43642 | 44624 | 45628 | 46655 | 47703 | 48778 | 49876 | 50998 | 52145 | 53318 | 54518 | 55745 | 56999 | 58282 | xxxxx |
|
Captain |
xxxxx | xxxxx | xxxxx | xxxxx | xxxxx | 47703 | 48778 | 49876 | 50998 | 52145 | 53318 | 54518 | 55745 | 56999 | 58282 | 59593 |
|
Training Commander |
47035 | 48092 | 49175 | 50282 | 51412 | 52570 | 53752 | 54963 | 56198 | 57463 | 58756 | 60077 | 61429 | 62812 | 64225 | xxxxx |
