BETWEEN THE CITY OF PALM BAY
AND
PALM BAY PROFESSIONAL FIREFIGHTERS, IAFF LOCAL 2446
FIRE RANK AND FILE UNIT
1997-2000
TABLE OF CONTENTS
ARTICLE 1 PREAMBLE
ARTICLE 2 RECOGNITION
ARTICLE 3 MANAGEMENT RIGHTS
ARTICLE 4 UNION SECURITY & 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, RECALL
ARTICLE 20 MAINTENANCE OF CONDITIONS
ARTICLE 21 JOINT OCCUPATIONAL SAFETY AND HEALTH PROGRAM
ARTICLE 22 SAVINGS CLAUSE
ARTICLE 23 PREVAILING RIGHTS
ARTICLE 24 RESERVED FOR FUTURE USE
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 & SUBSTANCE ABUSE POLICY
APPENDIX A: PAY PLAN
APPENDIX B: HEALTH INSURANCE FORM
ARTICLE 1: PREAMBLE
1.1 This Agreement is entered into by and between the City of Palm Bay, herein after referred to as the "Employer" and the Rank and File Unit of the Palm Bay Professional Firefighters, Local 2446 of the International Association of Firefighters, 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.
ARTICLE 2: RECOGNITION
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 Probationary Firefighters, Driver/Engineers, Lieutenants, and Fire Inspectors.
Excluded employees include the Fire Chief, Assistant Chief, Bureau Chief, Deputy Chief, Fire Marshal, Deputy Fire Marshal, Battalion Chief, Apparatus and Facility maintenance Manger Senior Fire Inspector, Assistant Special Investigator Special Investigations Officer, Section Commander, Training Officers, Captains, and the SCBA Specialist, and any other employees determined by the Public Employees Relations Commission to be managerial or confidential employees.
2.2 With regard to the recognition of the Probationary Firefighter, the Employer reserves the right to discharge a Probationary Firefighter under the terms and conditions of its Policy and Procedures covering Probationary Employees. A Probationary Firefighter is a newly hired employee who has not yet attained the rank of a permanent 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 who have authority to formulate policy; or who have significant roles in personnel, and preparation and administration of the budget.
SUPERVISORY EMPLOYEES are those in mid-management as determined by Public Employees Relations Commission.
CONFIDENTIAL EMPLOYEES are those employees who act in a confidential capacity to assist the above managerial employees.
TEMPORARY EMPLOYEES are those hired for a specific limited purpose for a specific limited time. CETA employees are temporary employees, covered by this agreement.
ARTICLE 3: MANAGEMENT RIGHTS
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.
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.
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 Firefighters 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.
ARTICLE 6 CHECK OFF
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.
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.
ARTICLE 8: UNION BUSINESS
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 maybe off on vacation or compensatory time for Union activities with out be counted into the Article 32.11 cap.
8.4 A 72-hour notice, where practical, will be given administration to assist in scheduling.
ARTICLE 9: BULLETIN BOARDS
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.
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.
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 his 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:
- A complete statement of the grievance and facts upon which it is based.
- The section or sections of this Agreement claimed to have been violated; and
- The remedy or correction requested.
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:
- Union Supervisory Unit, Vice-President
- Union President
- Union Rank and File Vice President
- Union Secretary
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.
ARTICLE 11: SICK LEAVE
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 prior approval is given by the Fire Chief/Designee.
b. Sick leave is paid time granted to employees for the following
purposes:Personal illness or injury.
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 dispatch assignments, 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.
11.12 A shift employee may sell back to the employer any unused sick leave over 312 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.
ARTICLE 12: BEREAVEMENT LEAVE
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.
ARTICLE 13: MILITARY LEAVE
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.
ARTICLE 14: JURY DUTY
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 subpoena or cashier's receipt and presented to the immediate supervisor after returning from jury duty.
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 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 HRS OF
EMPY
HRS PER MONTH
HRS PER YEAR
SHIFT HRS 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.
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 72 hours
prior to the requested time off, Shift employees requesting annual leave
of more than one shift (24 hours) or more, shall submit a request no later
than 14 calendar days 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 14 calendar days
in advance of said requested time off. Emergencies and Special Situations
shall be handled on a case by case basis.
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, lay off, 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 6 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.
ARTICLE 16: HOLIDAYS
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. Easter Sunday will be considered holiday routine for those employees on duty.
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. 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.
ARTICLE 17: COMPENSATION
17.1 a. Effective first pay day in October 1997, base wages shall be increased by 2% rounded to the nearest whole dollar.
b. Effective the first pay day in July 1998, base wages for employees covered by this agreement shall be increased by 5% rounded to the nearest whole dollar.c. Effective first pay day in October 1998, base wages shall be increased by 2% rounded to the nearest whole dollar.
d. Effective the first pay day in July 1999, base wages for employees covered by this agreement shall be increased by 5% rounded to the nearest whole dollar.
e. Effective first pay day in October 1999, base wages shall be increased by 2% rounded to the nearest whole dollar.
f. A supplement of $1,250 for Paramedic, and for Paramedic/Solo the City shall pay a supplement of $1,950 in addition to the $1,250 for Paramedic for a total of $3,200.
g. Merit steps shall be given each fiscal year to those eligible.
- All employees covered by this agreement will be evaluated utilizing the appropriate evaluation forms as deemed appropriate by the City. The City and the Union agree to meet in a labor/management meeting to discuss the current evaluation form being utilized and to determine if a more effective evaluation form can be developed. The City shall retain final determination as to the evaluation form to be used.
- Salary increments recognizing satisfactory service within established ranges are provided for in the pay plan. Employees shall receive a one-step increase in salary, not to exceed the maximum rate on the first day of the first full pay period following completion of the anniversary date of certification to the current classification. All merit step increases shall be subject to review for accuracy by the City. Merit Step increase shall be awarded on the basis of satisfactory service by the employee.
- A unit member will move to the next step in the pay plan on his/her anniversary date of hire, provided his/her annual evaluation is satisfactory. Those bargaining unit members hired into the position will be evaluated based on their hire date. Those promoted into the position will be evaluated on their promotional date. Pay to be done as outlined in number 2 above.
- Members will be evaluated by the appropriate rank authorized by the Fire Chief. All evaluation will require final review and approval by the Fire chief or designee.
- Merit Step review shall be done one month prior to the employee's respective anniversary date.
- In the event an increase is denied based upon an unsatisfactory evaluation, a letter explaining the reasons for denial will be given to the employee along with specific, recommended actions that will correct the basis for the denial. Those individuals receiving an unsatisfactory evaluation will be reevaluated in one month from their original anniversary evaluation date. If they are once more found to be unsatisfactory said employee shall be reevaluated one month later. If at the end of the second reevaluation they are still unacceptable, they will be reevaluated a third time at the end of another one month period. If after being evaluated three months, at one month intervals, the employee is still not found to be acceptable they shall be evaluated again in six (6) Months from the last unacceptable evaluation. If founded unacceptable at the end of the sixth month they will be required to wait until their normal anniversary evaluation date. If the reason for the finding of unacceptable evaluation is for violation of policies and/or rules and regulations the employee may be disciplined up to and including dismissal. The intent of these subsequent evaluations is to quickly assess the areas that need improvement and to positively alter unsatisfactory areas of performance. Upon being found satisfactory the employee shall be granted the Merit Step (provided they are not at the top of their range) on the newly established evaluation date. However, the anniversary date will revert to the appropriate anniversary date in the next year.
h. In fiscal year 97-98 retro activity apply only to those employees on board at time of ratification.
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 |
| 5 through 9 | $ 500 |
| 10 through 14 | $1,000 |
| More than 14 | $1,500 |
The payment for length of service shall be payable in one lump sum during the month following the Employee's anniversary date.
17.3 The base salary for shift employees represents payment for 216 hours worked in a 27 day period (2,912 hours worked annually). 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. Shift employees may accumulate compensatory time to a maximum of eighty (80) hours.
e. The incentive of $60.00 a month will be added to the base salary, for qualified department Solo Paramedic extra duties as the Field Training Medic.
The Department Medical Director shall establish the maximum of two (2) Field Training Medics per shift and the minimum requirements and standards. All approved Field Training Medics shall maintain all skill levels established by the Department Medical Director. The Medical Director shall have the authority to remove any Field Training Medic.
This incentive shall be paid only while the approved Field Training Medic is participating in the capacity of actually training an assigned Intern Paramedic and the incentive shall cease once the training is completed.
If the Field Training Medic is off or there is not one available then the existing system of assigning an Intern to a Shift Solo Medic shall prevail, with compensation.
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 (1.5) hours earned for one hour worked, or be paid at one and one-half (1.5) 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 may elect to receive compensatory time at time and one half (1.5) 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 (1.5) 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. Employees may elect to receive compensatory time at time and one half (1.5) 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 17.2 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 Article 17.2. 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 17.2.
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 17.1.g.
17.13 In return for receiving his/her $3,200 supplement, as described in 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 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.
17.15 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.
17.16 Fire Inspectors 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.
17.17 Compensation for Non-Shift Employees Training
a. Non Shift Employees who are r quired by the employer to attend training courses shall be compensated as follows:
- The non-shift employee shall receive his/her base salary rate for time spent in required training. Travel time to and from required training shall be included in training time.
- If the time spent in required training results in a non-shift employee working more than forty (40) hours in a 7 day work period, he/she shall be compensated for hours worked in excess of 40 as specified in Article 17.2.2 of this agreement.
- The non-shift employee shall be permitted the use of a city vehicle to attend required training, if one is available. If one is not available, the non-shift employee shall be reimbursed for use of his/her own vehicle in accordance with City Policy and Procedures.
b. Non-shift employees who are approved to participate in non required training courses shall be compensated as follows:
- If the training is during normal duty hours, the employee shall receive his/her base during normal duty hours. No compensation shall be paid for travel time or training outside normal duty hours.
- The Non-shift employees shall be permitted the use of a city vehicle to attend non required, approved training courses, if one is available.
ARTICLE 18: HIRING, PROMOTION AND CLASSIFICATION
18.1 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 as soon as said testing dates have been scheduled.
PROMOTIONS
18.2 Title - Driver/Engineer
Service requirements - Minimum of three (3) consecutive years from the last date of hire as a certified firefighter with the Palm Bay Fire Department, as well as requirements set forth by the Department.a. Outside Candidates:
a. Minimum eight (8) years in the fire service, two of which must be at the rank of Combat Lieutenant.b. Florida State Certified Firefighter.
c. Meet the requirements of Article 17.1.
d. All experience to be full-time paid experience.
18.2.2 The Driver/Engineer written examination shall consist of not more than 200 content valid questions concerning duties and responsibilities that a Palm Bay Driver/Engineer may be reasonably expected to perform. The practical portion of the exam shall contain driving of at least one vehicle from each of the following classification of vehicles: Class A Engine, Aerial and Tanker. The practical portion may consist of an evolution using any one or a combination of the above vehicles.
18.3 Title - Lieutenant
Service requirements - Minimum of four (4) years of consecutive service from the last date of hire with the Palm Bay Fire Department, two of which has been as a certified firefighter, and one of which has been as a Driver/Engineer.a. Outside Candidates:
a. Minimum of eight (8) years in the fire service.b. Minimum of two (2) years as a combat fire Lieutenant.
c. Florida State Certified Firefighter.
d. Meet all requirements of Article 17.1.
e. All experience to be full-time paid experience.
18.3.2 The Lieutenant promotional examination shall consist of not more than 200 content valid questions concerning duties and responsibilities that a Palm Bay Fire Lieutenant may be reasonable expected to perform. The practical scenario shall consist of a scenario board tactical evolution. The promotional examination for Lieutenant may also consist of an oral board type interview.
18.4.1 All promotional examinations shall be posted at least ninety (90) calendar days in advance of said examination date, at all Fire Department facilities. Each posting shall have a closing date thirty (30) calendar days after posting. The last date for eligibility is the test date of the original posting. No additional candidates shall be accepted after the closing date. The last date of eligibility is the original posted test date.
18.4.2 Within seven (7) calendar days after the closing date, all candidates signed up shall be notified in writing of acceptance or denial (with reasons attached) and copies sent to the Union President. All accepted candidates shall receive a study guide and/or information on where materials for study are available. 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.
18.5 Management reserves the right to establish all testing criteria. Seniority will be considered the deciding factor in the event of tie scores in promotional examination.
18.5.1 A passing grade for any promotional examination shall be a 70%. Said examinations shall be rounded off to the nearest who number, i.e.,: 72.5: shall be rounded to a 73%, 72.4% shall be rounded to a 72%.
18.5.2 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.
18.6 Within fourteen (14) calendar days after a promotional examination, a listing shall be posted in ranking order (high score at top, low score at bottom). This list will be posted at all Fire Department facilities, with a copy sent to the Union President. This list will be posted in accordance with established Department Policy and Procedures. Employee's under disciplinary action shall be passed over. Employee's covered under the Bargaining Unit are expected to accept a promotion that they are offered; however, said employee may decline. Employees declining a promotion will be placed at the bottom of the eligibility list. Upon declining the second round of promotion, the Bargaining Unit employee will be removed from the list.
18.7 No bargaining Unit employee under disciplinary action shall be permitted to take any promotional examination, shall not be promoted or shall not act in any rank higher than his/her permanent rank while said discipline is active.
18.9 All promotional examinations shall be given to Palm Bay Firefighters first. If no one passes the test, then an only then will it be given to outside candidates. If additional positions need to be filled and no one else qualified, took the test, or passed the test, then and only then will it be given to outside candidates.
18.10 A Firefighter or Inspector shall serve a six (6) month probationary period from date of hire. The probationary period may be extended in three-month increments up to a maximum of six months beyond the initial probationary period, during the extension of a Firefighter or Inspector shall be able to use sick and vacation leave. However, the probationary time will be equally extended by the amount of time used. If the employee fails to satisfactorily complete the probationary period, his/her employment shall be terminated.
18.11 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 permanent 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.
CLASSIFICATION:
18.12 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 will waive any right that the Union may have to bargain with respect to these issues.
ARTICLE 19: SENIORITY, LAYOFF, 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 a probation period in a position.
19.2 Accrual: An employee accrues seniority during all 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 resigned from the City service for any length of time would begin credit for consecutive service from the date of their hire and for the purposes of this article, their seniority date would not apply. If an employee resigned and was subsequently rehires within three months, 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 lay off and recall, and shall apply for the purpose of an employees vacation preference.
19.4 Lay Off: In the event of a lay off for any reason, employees shall be laid off in inverse 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. Definition of "qualified" is any position the employee has permanently held.
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 r port 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.
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:
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 shall remain in full force and effect if not in conflict with any articles or sections of this Agreement.
20.2 Any written rules, regulations, policies and procedures of the Fire Department 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.
20.3 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.
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 firefighters 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 Citywide 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 Department 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 firefighters.
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.
ARTICLE 22: SAVINGS CLAUSE
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.
ARTICLE 23: PREVAILING RIGHTS
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.
ARTICLE 24: RESERVED FOR FUTURE USE
ARTICLE 25: INSURANCE AND OTHER FRINGE BENEFITS
25.1 For the FY 97/98, FY 98/99 and FY 99/00, 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. Dependent medical shall be considered a core benefit. All core benefits will be the responsibility of the City. All cafeteria benefits would be charged to the employee electing the benefits.
25.3 All core benefits are mandatory, except for dependent medical, and will be the responsibility of the City. All cafeteria benefits are charged to the employee electing the benefits. Dependent medical shall be considered a core benefit a cafeteria benefit, with the City paying any additional cost to the insurance during the life of this contract. Any increase to the cafeteria benefit cost will be the responsibility of the employee.
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. (See appendix "C" Cafeteria Benefits for choice of cafeteria benefits, employee/city costs)
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 As part of the Cafeteria plan the City will establish an individual medical reimbursement account. In compliance with I.R.S. rules and regulations, the Employee may allocate pre-tax payroll monies to their account and may submit medical/health/prescriptions or other allowable charges for reimbursement from their individual account.
25.7 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 at least quarterly.
25.8 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.
25.9 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.
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 1992-19905 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, tuffy)
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, tuffy)
*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, tuffy)
*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, tuffy)
*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/boots ($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 26.11 of the contract.
26.8 In the event it becomes necessary to wear a winter tuffy coat, and said firefighter has not been issued one, the firefighter will be permitted to wear a Union coat until the City issues the winter tuffy.
26.9 A bargaining unit employee may choose to decline the annual shoe/boot allowance provided that his/her approved shoe/boot remains in serviceable and well kept condition throughout the entire fiscal year. An incentive of $35.00 will be paid to such bargaining unit member who, at the end of each fiscal year, has not requested a reimbursement for shoes/boots, or the $35.00 incentive shall be credited to an individual's account to purchase other "selected/available" items, e.g., scissors, flashlights, or other items selected from available stock through the Inventory Control Clerk's office. Serviceable and well kept condition shall be determined by the Fire Chief or designee.
26.10 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: $100.00 for watches and other items not so stated in this article, not to include jewelry; $150.00 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.
26.11 With the conversion to "A-2" uniform shirts (golf style) there shall be an initial issue of five (5) "A-2" uniform shirts.
ARTICLE 27: INJURY BENEFITS
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.
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.
ARTICLE 28 LEAVE OF ABSENCE
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.
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 firefighters 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:
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.
29.5 An Employee 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:
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.
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;
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.
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.
ARTICLE 31: LAUNDRY SERVICE
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.
ARTICLE 32: HOURS OF WORK
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 Fire Inspectors may be assigned to shift work temporarily due to emergencies, in which case they shall be subject to all provisions of this agreement relating to shift work. For the purpose of this section, emergencies shall include, but are not limited to: natural disasters, civil disorders, acts of God, extreme fire conditions, and at any time an emergency is declared by the City Manager. Shifts assignments shall consist of one or more 27 consecutive day cycles. Individual Fire Inspectors may be assigned to work up to four 27 days cycles (108 total) within a twelve month period. Non shift inspectors who are assigned to shift work shall be given at least 72 hours notice in advance of shift assignment.
32.6 The Employer shall attempt to establish a voluntary list for temporary shift assignment. Only those inspectors who are certified firefighters, in accordance with Florida Statute 633.34 - 633.35 may be placed on the voluntary list. In the event a voluntary list can not be established, the Employer reserves the right to assign Fire Inspectors to temporary shift work in accordance with this section. Inspectors assign to temporary shift work may be required to perform certain activities related to Fire Loss Management.
32.7 Kelly Day's 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.
32.8 Kelly Day exchange without regards to rank will be permitted if the Kelly Day manning requirement is met.
32.9 Eight (8) hours will be added to vacation accumulation per year effective July 1, 1997 for shift employees.
All time off under this provision will be reduced by the number of regularly scheduled shift personnel on sick leave, paid military leave [normal reserve training 17 days], vacation, and by the number of personnel on their Kelly Day off.
32.10 The following formula will be used to schedule off duty time for the reasonable use of compensatory time, sick leave, vacation, etc.:
1. 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, sick leave, and other accrued time. (To be inclusive of both bargaining units)
2. All time off under this provision will be reduced by the number of regularly scheduled shift personnel on sick leave, 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)
ARTICLE 33: RESERVED FOR FUTURE USE
ARTICLE 34: ENTIRE AGREEMENT
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.
ARTICLE 35: PHYSICAL EXAMINATIONS
35.1 All bargaining unit employees that undergo a complete physical, shall do so during the window period of July 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 physicals and receive Union recommendations.
35.2 All bargaining unit employees shall undergo an illegal substance abuse urine testing as part of the 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
* Chest X-Ray or TB test
** Mammography (Optional for certified female firefighters at the discretion of the employee)
** Hepatitis Screen (optional for certified firefighters at the discretion of the employee)
** Rubella Immunization (Optional for certified female firefighters 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.
35.3 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.
35.4 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.
35.5 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.
35.6 Any member who feels they have been exposed to a contagious disease with concurrence of the Department's Infectious Control officer will be tested 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.
ARTICLE 36: DURATION OF AGREEMENT
36.1 Except a otherwise provided this Agreement shall take effect October 1, 1997 upon the ratification by both parties, and shall continue in full force and effect until September 30, 2000. Negotiations for Fiscal 00-01 shall commence the first Monday in May 2000.
ARTICLE 37: PENSION PLAN
37.1 a. Except as provided otherwise in this article, the Employer agrees to maintain the present retirement plan for Firefighters 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 Firefighter.
37.2 The Union recognizes the Employer's right and duty to maintain the actuarial soundness of the existing contributory firefighters' retirement system in order to provide secure retirement benefits for all present and future participants.
37.3 The 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.
ARTICLE 38: FORMAL INVESTIGATIONS
38.1 The Employer agrees to abide with Sections 112.80-112.84, Florida Statutes, otherwise known as the Florida Firefighters 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.
ARTICLE 39 ALCOHOL; SUBSTANCE ABUSE POLICY
39.1 The City recognizes the fact that Firefighters 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 illness 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 (those who step forward without a blood/alcohol test) for an alcohol or substance abuse problem will be given whatever assistance possible in being placed in an alcohol/substance abuse program, or the existing EAP, 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 accrued sick, vacation, or compensatory time if necessary to take time off. The Employee will be allowed to return to work when approved through the EAP 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 alcohol/substance abuse program or other authorized rehabilitation program.
39.4 CITY'S RIGHT TO TEST
39.4.1 The City shall test all employees of the Fire Department for substance abuse during the physical in accordance with the provisions of Article Thirty Five of this agreement.
39.4.2 The City shall have the right to test employees at times other than during the l physical if the employee has allegedly violated Article 39.2 above. The testing for alcohol abuse shall be a blood test and the testing for substance abuse shall be a urinalysis performed at certified laboratory.
39.4.3 In order for an employee to undergo blood testing and/or urinalysis at times other than the physical, the Fire Chief must:
a. Provide the Employee and Union written notice in sufficient detail of the facts which led to the Employee being subjected to blood testing/urinalysis; and
b. Have reasonable suspicion based on specific objective facts (no fishing expeditions) that the Employee has abused alcohol and/or a controlled substance as prescribed in Article 39.2 of this agreement. Reasonable suspicion must be certified by the Fire Chief and City Manager. When the testing is undertaken as a result of observable phenomena, such as the direct observation of drug use or of the physical symptoms or manifestations of being under the influence of a drug, there must also be certification by a corroborating witness.
c. If an employee is ordered back to duty for testing, the Employee shall be paid in accordance with Article Seventeen of this Agreement. All cases of urinalysis performed on employees within the Bargaining Unit shall be under the "monitored" process except in cases where the laboratory advises the City that a witnessed test should be given. The "witness" process is prohibited, except in the case of "reasonable suspicion" testing. Random testing of employees is strictly prohibited, except where required pursuant to an authorized rehabilitation program.
39.4.4 All test samples will be collected at a designated facility as arranged through the Human Resources Department.
An appropriate chain of custody will be established and maintained to ensure the accuracy of test results.
39.4.5 Employees who are required to submit to a test for the presence of alcohol or illegal drugs shall sign authorizations releasing all test results and records to the City.
39.4.6 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(s).
39.5 EXPEDITED ARBITRATION OF REASONABLE SUSPICION
If an employee disputes the certification of reasonable suspicion, the Employee must nonetheless, submit to a blood/urinalysis test, 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 blood/urine specimen shall be frozen. The related costs of the expedited arbitration 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.
39.6 BLOOD/URINE TESTS
39.6.1 In testing for the presence of alcohol, the City shall use a generally accepted blood test procedure which produces quantitative results showing the amount of alcohol present in the blood. A blood/alcohol measure of .04 or greater shall be required to create a presumption of impairment.
39.6.2 In testing of the presence of controlled substances, the City shall in the first instance utilize an immunochemical assay or radioimmunoassay test (i.e., EMIT) on the employees' urine. If the initial test is positive for controlled substance, the same specimen shall be subjected to a further test using the gas chromatography/mass spectrometry method for verification. A portion of the urine specimen shall be retained for a second verification test as provided herein. If both the initial test and the verification test are positive for controlled substance, the Employee shall be notified of the results from the City in the following manner: Within thirty-six (36) hours of providing the specimen, the Employee shall contact the Director of Human Resources for the results of the test. If the test is positive, the Employee shall be permitted to have a portion of the original specimen retested at one of the laboratories agreed to by the parties. The second laboratory must test at equal or greater sensitivity for the drug in question as the first laboratory. The first laboratory which performed the test for the Employer shall be responsible for the transfer of the portion of specimen for the integrity of the chain of custody during such transfer. The City shall pay the costs of the second test if it is negative, the Employee if it is positive.
39.6.3 Unless mutually agreed otherwise, all alcohol/substance abuse testing shall be performed at a certified laboratory.
39.6.4 Where the Union is representing the Employee, the Union President shall receive copies of the results of the tests performed.
39.6.5 All results of any testing shall be kept confidential, except as to disclosure to the Fire Chief, City Manager, Human Resources Director/designee, and EAP counselor/authorized program, and as stated in 39.6.4.
39.7 REHABILITATION
39.7.1 In the event that the results of the blood/urinalysis testing are positive, 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 approves; if not, the Employee may be placed on leave until the authorized program approves the Employee to return to work.
39.7.2 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, the Employee will be permitted to return to work.
39.7.3 The Employee may use any accrued leave while in the rehabilitation program, or take a leave of absence without pay.
39.7.4 Employees being rehabilitated shall be permitted to return to work if authorized by the Program Administrator.
39.8 RE-OCCURRING ALCOHOL/SUBSTANCE ABUSE
39.8.1 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
39.9 DISCIPLINE PENDING REHABILITATION
39.9.1 No employee shall be disciplined for alcohol/substance abuse if the Employee enrolls in and completes a rehabilitation program.
39.9.2 Nothing in this Article shall prevent the Employer 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.
39.10 MISCELLANEOUS
39.10.1 The City agrees to hold the Union harmless, for any expenses arising out of litigation concerning this drug testing Article.
39.10.2 Nothing in this Article shall constitute a waiver of any employee's constitutional or statutory rights.
39.10.3 In the event this Article is interpreted as being insufficient to afford the City a reduction in its workers compensation rates under Florida Statutes, the parties shall meet to renegotiate this Article to that end.
K:\MGMT\RILEY\FIRERF2.C97
IN WITNESS WHEREOF; the parties have caused their signatures to be affixed
this 22nd day of May 1998.
For the EMPLOYER
For the UNION
_____________________________
_____________________________
Jack Howley, City Manager
B. J. Kiszkiel, President
_____________________________
_____________________________
Dan Greenfield, Director of
Michael Shervington, Vice President
Administrative Services
ATTEST:
_____________________________
_____________________________
John Mazziotti, Mayor
Robert Youhas, Secretary
ATTEST:
_____________________________
_____________________________
Alice Passmore, City Clerk
Vera Render, Chief Negotiator
Ratified by City:
Ratified by Union:
March 5, 1998
February 19, 1998
K:\MGMT\RILEY\FIRERF2.C97
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22295 | 22797 | 23309 | 23834 | 24370 | 24919 | 25480 | 26053 | 26638 | 27238 | 27851 | 28477 | 29118 | 29774 | 30443 |
Inspector |
24909 | 25470 | 26044 | 26629 | 27228 | 27841 | 28467 | 29108 | 29763 | 30433 | 31117 | 31817 | 32533 | 33265 | 34014 |
Driver |
xxxxx | xxxxx | 26865 | 27469 | 28087 | 28719 | 29365 | 30026 | 30701 | 31393 | 32098 | 32821 | 33559 | 34314 | 35086 |
Lieutenant |
xxxxx | xxxxx | xxxxx | 31122 | 31822 | 32538 | 33270 | 34019 | 34784 | 35567 | 36367 | 37186 | 38023 | 38878 | 39752 |
| 7/1/98 | 1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
12 |
13 |
14 |
15 |
Firefighter |
23410 | 23937 | 24474 | 25026 | 25588 | 26165 | 26754 | 27355 | 27970 | 28600 | 29244 | 29901 | 30574 | 31262 | 31965 |
Inspector |
26155 | 26744 | 27346 | 27961 | 28589 | 29233 | 29891 | 30563 | 31251 | 31954 | 32673 | 33408 | 34160 | 34929 | 35715 |
Driver |
xxxxx | xxxxx | 28208 | 28842 | 29491 | 30155 | 30833 | 31527 | 32236 | 32962 | 33703 | 34462 | 35237 | 36030 | 36840 |
Lieutenant |
xxxxx | xxxxx | xxxxx | 32678 | 33413 | 34165 | 34934 | 35720 | 36523 | 37346 | 38185 | 39045 | 39924 | 40822 | 41740 |
| 10/1/98 | 1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
12 |
13 |
14 |
15 |
Firefighter |
23878 | 24416 | 24964 | 25527 | 26100 | 26688 | 27289 | 27903 | 28530 | 29172 | 29829 | 30499 | 31185 | 31888 | 32604 |
Inspector |
26678 | 27279 | 27893 | 28520 | 29161 | 29818 | 30488 | 31174 | 31876 | 32593 | 33326 | 34076 | 34843 | 35627 | 36429 |
Driver |
xxxxx | xxxxx | 28772 | 29419 | 30081 | 30758 | 31450 | 32158 | 32881 | 33621 | 34377 | 35151 | 35942 | 36750 | 37577 |
Lieutenant |
xxxxx | xxxxx | xxxxx | 33332 | 34081 | 34848 | 35633 | 36434 | 37254 | 38093 | 38949 | 39826 | 40722 | 41639 | 42575 |
| 7/1/99 | 1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
12 |
13 |
14 |
15 |
Firefighter |
25072 | 25636 | 26212 | 26803 | 27405 | 28022 | 28653 | 29298 | 29956 | 30631 | 31320 | 32024 | 32745 | 33482 | 34235 |
Inspector |
28012 | 28643 | 29287 | 29946 | 30619 | 31308 | 32013 | 32733 | 33470 | 34223 | 34993 | 35780 | 36585 | 37408 | 38250 |
Driver |
xxxxx | xxxxx | 30211 | 30890 | 31585 | 32296 | 33022 | 33765 | 34525 | 35302 | 36096 | 36908 | 37739 | 38588 | 39456 |
Lieutenant |
xxxxx | xxxxx | xxxxx | 34999 | 35785 | 36591 | 37414 | 38256 | 39116 | 39997 | 40897 | 41818 | 42758 | 43721 | 44704 |
| 10/1/99 | 1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
12 |
13 |
14 |
15 |
Firefighter |
25573 | 26149 | 26736 | 27339 | 27953 | 28583 | 29226 | 29884 | 30555 | 31243 | 31946 | 32665 | 33399 | 34152 | 34919 |
Inspector |
28572 | 29216 | 29873 | 30545 | 31231 | 31935 | 32653 | 33388 | 34139 | 34908 | 35693 | 36495 | 37317 | 38157 | 39015 |
Driver |
xxxxx | xxxxx | 30815 | 31508 | 32217 | 32942 | 33683 | 34441 | 35215 | 36009 | 36818 | 37647 | 38497 | 39359 | 40245 |
Lieutenant |
xxxxx | xxxxx | xxxxx | 35698 | 36501 | 37322 | 38162 | 39021 | 39899 | 40797 | 41715 | 42654 | 43613 | 44595 | 45598 |
Back To Article 17 Compensation
