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75-KKKA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING UNION AGREE- bLENT WITH 'THE BOYNTON BEACH PROFESSIONAL FIRE FIGHTERS, LOCAL 1891 OF THE INTERNATIONAL ASSOCIA- TION OF FIRE FIGHTERS, AFL - CIO, CLC. WHEREAS, the City Council of the City of Boynton Beach, Florida, has heretofore recognized the Boynton Beach Professional Fire Fighters, Local 1891 of 'the International Association of Fire Fighters, ~FL - CIO, CLC as the bargaining agent for the fire fighters of said City; and WHEREAS, the City Council of said City is willing to enter into a union agreement with the said Boynton Beach Professional Fire Fighters, Local 1891 of the International Association of Fire Fighters, AFL - CIO, CLC upon the terms and conditions as set forth in the proposed union agreement, copy of which is at- tached hereto and made a part hereof. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA: .Section 1: That the said proposed ~union agreement between the City of Boynton Beach, Florida, and the Boynton Beach Profes- sional Fire Fighters, Local 1891 of the International Association of Fire Fighters, AFL - CIO, CLC, a copy of which is attached hereto and made a part hereof, is hereby approved, and that the Mayor, or in the absence of the Mayor, the Vice Mayor, and the City Clerk are authorized to act for the City of Boynton Beach in entering into and executing the said union agreement. PASSED AND ADOPTED this day of October, A.D., 1975 CITY OF BOYNTON BEACI{, FLORIDA ATTEST: Mayo~ Member Coun¢ i 1~ Member Ci e AGREEMENT BETWEEN CITY OF BOYNTON BEACH; 'FLORIDA ~ ' AND BOYNTON BEACH PROFESSIONAL FIRE FIGHTER, LOCAL 1891 OF THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTER, A~L - CIO, CLC PREAMBLE This agreement is entered into by and between the City of Boyntbn Beach, hereinafter referred to as the "City", and the International Association of Firefighter, Local 1891, herein- after referred to as the "Union". It is the purpose of this Agreement to achieve and maintain harmonious relations between the City and Unionl to provide for equitable and peaceful adjustment ef differences which may arise and to establish proper standards of wages, hours and other con- ditions of employment. TABLE OF CONTENTS (Alphabetically) Bulletin Court Time Discrimination Dues Deduction Durm~ion Education Exchange Time Grievance Procedure GroUp Insurance Holidays ~ Hours of Work Overtime-Omll '~ack Time Physical Examination-Yearly Prevailing Rights Recognition Representation of the City Representation of the Union Rules and Regulations Saving!s Clause Seniority List Sick Leave Strikes and Lockouts SUccessors Uniforms-Safety Equipment Union Business Vacancies-Promotions Vacation Wages Workin~ Conditions Article ~3 2 28 11 2~ 2'~ 10 19 21 1 6 7 :>9 14 15 17 9 16 ARTICLE 1 RECOGNITION The City hereby recognizes th~ Union as the sole and exclusive bargaini~g agent for mll employees ef the Fire Department ex- cept Chief of the Department, Fire Narshals, Training Officers, clerical personnel and fire inspectors. This recognition will be for the purpose of bargaining with the City with respect to wages, hours of work, and all other terms' and conditions of employment. ARTICLE 2 DISCRIMINATION The City agrees not to discriminate against any employee for his activity in behalf of, or membership in, the Union. The City and the Union agree that there shall be no discrimination against any employee because of race, creed, religion or sex. ARTICLE 3 PAYROLL DEDUCTION OF DUES The City agrees tb deduct, once each week, dues and assessments in an amount certified to be current by the Treasurer ef the Local Union from the pay of those employees who individually request in writing that sUch deductions be made. The total ~mount of deductions shall be remitted, each month, by the City 'to the Treasurer of the Union. This authorization shall remain in full force and effect during the term of this Agreement. The Union to pay reasonable cost, ARTICLE 4 SENIORITY LIST Section 1. The Fire Department shall establish a seniority list by rank and it shall be.brought up to date on January.first of eamh year. Such'lists~shall. be posted thereafter on the Fire Stmtions bulletin beards, and shall be considered correct un- less objection is raised within thirty days of the posting. After thirty days, 'it shall stand approved, less those excep- ' tigris made. Section 2. Employee seniority is established from the date of continuous employment by the City Fire Department. If two or" more members obtain seniority on the same date, by rank, senior- ity standing shall be determined by test scoret if the test score is the same, the date of application for employment with the Fire Department will determine seniority status. Section 3. Lay offs and manpower cdt backs shall be determined by seniority list. Lowest on the seniority list first and so on up the list. ARTICLE 5 BULLETIN BOARDS The City shall furnish at each fire station space for bulletin boards' for the purpose of Union notices. Any notice or item placed on the bulletin board shall bear on its face the legible designation of the person responsible for placing such notice or item on the board. Approval by the Chief for 2'x3' or 3'x4' space. Union to supply bulletin board. ARTICLE 6 RULES AND REGULATIONS Section 1. The union agrees that its members shall comply, with all Fire Department rules'and regulations, including those relat- iT to conduct and work performance, The City agrees that~depar- tmental rules and regulations shall form a pa~t of this agreement and shall be subject to all'th~ provisions of this agreement. Section 2, Rules and regulations in effecton October l, 1975 sh~ll be a formal part of this Agreement. New rules, or changes in rules, shall be accomplished through mutual consent during the term of this Agreement. Section 9- The City shall name three representatives and the Union shall name three representatives to sit as ~committee to up, date the Fire Department Rules And Regulations. This will be accomplished through mutual consent. ARTICLE 7 PROHIBITION OF STRIKES The Union agrees that during the life of this Agreement that they shall have no right to engage in any work stoppage, slow down, or strik&. The consideration for such provision being the right to resolving the disputed questions. The City shall have the right to discharge or otherwise disipline any and all employees who violate the provisions Of this section. Such disciplinary action by~ the City shall not be subject to any grievance or appeal procedure as provided for in this Agreement. In the event of a strike, work stoppage or interference with the operation and ARTICLE 7 cont. accomplishment of the mission of the City administration, a local representative of the Union shall properly and publicly disavow such s~trike or work stoppage and order the employees to return to o work mnd attempt to bring about prompt resumption of normal opera- tions. The Union representatve shall notify the City within eighteen hours after the commencement of such strike what legiti- mate measures it has taken to comply with the provisions of this Section. There will be no lockout by the City for the duration ef this Agreement. ARTICLE 8 HOURS OF WORK The work week of employees presently working a 56 hour work week shall be reduced to 52 hours per week effective October l, 1975 an~ will be worked as follows: 24 hours on duty; 48 hours off duty with an additional 24 hour shift off every six weeks. ARTICLE 9 WAGES Wages paid during the first year of this Agreement shall be according to Appendix '°A". This schedule reflects a 5% increase. '1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ri' o 0 ARTICLE 10 OVERTIME & CALL BACK In. the event that a ne~d for overtime Should occur in the d. epartment b~e~ause ef vacations, sick'ness, or other Unforseen conditions, overtime based on time and one half pay shall be paid en the em- ployees basic hourly rate. All overtime will be maintained by'a seniority list kept by the office of 'the Chief, in accordance' with Article 4, a copy of Which shall be posted on the bulletin board, This record shall show the date of call and the response from %~ch person, called aS to whether it was refused, on dutY, no answer, sickness, or'vacation. If a man refuses, he will automatically be passed, by until a complete cycle of the seniority list has been made. This sheet shall pertain to tours of duty t~ n~ the Fire Station only. Members recalled to duty during off hours shall be paid the actual time worked, but not less than two (2) hours at th9 overtime rate. Basic hourly rate shall equal employees annual s$1ary divided by annual hours worked, 2704 annual hours. ARTICLE ll EXCHANGE TIME Firefi'ghter may exchange their working shift or shifts and ex- change their off-duty day or days with other Firefighters of equal rank er comparable qUalifications, subject to the approval of the Shift officer in charge. (24 hour notice to shift officer, unless an emergency. ARTICLE 12 SICK LEAVE Any employee incurring a non-duty sickness or disability Shall receive sick leave with full pay. Employees covered by Article 8 shall be allowed twelve (12) hours of sick leave/from their first day of em- ployment and shall continue to do so as long as they are employed. Unused sick leave of employees shall be compensated according to Civil Service Rule XI, Section 4, Page 23, amended on Resolution 75EEE on September 2,1975.(Resignation, death, retirement or dis- charge. ARTICLE 13 HOLIDAYS The following days shall be considered holidays: New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, Christmas Day, Christmas Eve.. Any additional holidays declared by the City shall be added to the above list. Any employee covered by this Agreement, in pay status, at the time the holiday occurs, if assigned to a 24 hour shift, shall receive 12 hrs. pay for each holiday. ARTICLE 14 UNION BUSINESS Employees elected to Union Office shall be granted time without loss of pay to attend Union functions, not to exceed five shift days for one man. VACANCIES - PROMOTIONS When a classfied permanent promotion vacancy o.ccurs in any pos%- rich it shall be filled within a reasonable period of ~time afte~C' the official severance of the vacating Fire Department member. Filling of. all vacancies shall be in accordance with the Ci.vil, . S~rvice Rules and Regulations, ~ ARTICLE 16 WORKING CONDITIONS Firefighter may be needed at any time of the day tolfight fires, but te do ~e effectively, they need to be constantly prepared. The safety of our citizens in their homes depends as much on the fir~fighter's ability to maximize the effectiveness ef their equip- ment and the condition of that equipment, as it does on the fire- fightezG's willingness to risk their lives to protect the lives and property of others. They must be ready to respond immediately to an alarm. Continuous training and equipment maintenance are re- quired te ensure that the desired optimum responce effectiveness is attained. The Union pledges to support and participate in training, equipment maintenance and ~fireprevention programs which have as their goal the increased-efficiency of the City's fire protection. To aid the members of the Union in providing quality emergency services, the City, in-concert with the Union, agrees ARTICLE 16 cont. that th~ employees will not be required te perform amy ~ask, not relal~ to the Dretection ef lif-e and .property, other than routine station maintenance. Reutin.e Station maintenamee shall, be defined as any type ef maintenance that is done em a sehed.~led basis, 's~ch as wim~ow cleaning and cleaning of kitchen, living facilities, , vehicles and Safety equipment. ARTICLE 17 , . VACAT-ION Ail members of the Fire Department covered by the ~ter~ms of this Agreement, if assigned tea 2~. hour shift, shall-.recei~ve vacation in accordance with the Civil service Rules & Regulations.. Vaca- tions will be picked on a seniority basis. ARTICLE 18 UNIFORMS & SAFETY EQUIPMENT The City shall supply the Fire Departmen% Personnel with the -following uniforms between October l, 1975 an~.-October l, t~976: uniform shirts, uniform pants, coveralls (jumpsutt) and work jacket as needed. Also two (2) pair of footwear. All firefigh- ting' safety equipment as determined by Fire Division Regulations, shall be furnished by the City. Title of such equipment shall remain with the City. The City shall arrange for the repair or the replacement, to any employee, for damamge to his uniform, work clothing, prescription optical aids, dentures Suffered while in the line of duty, to extent that such losses not covered by insurance. ARTICLE 19 YEARLY PHYSICAL EXAMINATION The City~ shall agree to furnish a thorough physical examination in. cluding an EKG for each member of the Fire Department_on. a tour day in hi? anniversary month each ~year to insure the physical we~l-being ef each ef its members. This program will-' begin no later, than January l, 1976, Any me*dical shot~or treatment for- ~ protection from cuts or exposure to disease ~n line of duty. ARTICLE 20 GROUP INSURANCE The City agrees to study the present insurance, ARTICLE 21 PREVAILING RIGHTS ~l job rights and ~enefits heretofore enjoyed by the employees covered by this Agreement and not specifically provided for or abridged by'this Agreement shall continue in full forCe and effect for the term of this Agreement. This Agreement shall not be con- stuued to deprive any employee of benefits or protection granted by the laws of the State of Florida, Ordinances and Resolutions of the City of Boynton Beach, Personnel Rules and Regulations of the City of Boynton Beach, in effect at the time of the execution of this Agreement. ARTICLE 22 SAVINGS CLAUSE If any Pr.evisien of this Agreement, or the application of such provision, should be rendered or declared invalid by any c~urt action or by reason-of any existing or subsequently-enacted legislation, the remaining parts or portions of this Agreement shall remai.n in full force and effect. ARTICLE 23 , COURT TIME Any employee covered by this' Agreement who is summoned to appear as a witness, while off duty as a result of his e~aployment as a member of the Fire Department, will be paid one and one-half times his current hourly rate excluding travel time, provided that the Fire Chief is given prior 'notification so that he is given an opportunity to schedule such appearnance during regu- lar duty hours. The employee will receive a minimum of 2 hours pa~, and the employee shall turn over all fees received from the court to the city. · ARTICLE 24 GRIEVANCE PROCEDURE Grievances or disputes which may arise, including the interpre- tation of this Agreement, shall be settled in the following manner~ STEP 1. The Union Grievance Committee,. upon receiving a written and signed Petition, shall determine if a grievance exists. If ARTICLE 24 cont. in their opinion no grievance exists, no futher action is neces- sary. STEP~2. If a grievance does exist, they shall with the physical presence of the~aggrieved employee, present the grievance to the Chief ef The Fire Department for adjustment. STEP 3~ If with in five (5) business days, the grievance has not been s~ttled, it then shall be submitted to.the City Manager for adjustment. Business days defined as 40 hr. - 5 day work week - Monday thry Friday. ~ ' STEP 4. If within five ~5) business days the grievance has not been settled, it shall then be submitted to arbitration for adjustment. STEP 5. If the grievance has not been satisfactorily resolved within the above procedure, the Union may request a review by an impartial arbitrator provided such request is filed in writing with the City Manager no later than fifteen (15) working days after the City Manager's responce is due in Step 4. The parties of this Agreement will attempt t~ mutually agree upon an indepen- dent arbitrator. If this cannot be done within five (5) business days,.one Will be selected from a panel or panels to be submitted by the American Arbitration Association. The arbitration shall be conducted under the VolUntary Labor Arbitration Rules of the American Arbitration Association. Th parties further agree to accept the Arbitratior's award as final and binding upon them, subject to the following, The arbitrator shall have juridiction ARTICLE 24 cont. and a~thority to decide a grievance as defined in this Agreement. The arbitrator shall have no authority to add to, subtract from, modify or alter this Agreement or any part thereof or any amend- merit thereto. It is' contemplate~ that the City and the Union shall mutually agree ~in writing as te the statement of the matter to be arbitrated prier to the hearing! and if this is done, th~ arbitrator shall confine his decision to the particular matter thus specified. In the event of the failure of the parties te so agree e.n m-s~atement of the issue to be submitted, the arbitrator will confine his consideration to the written statement of the grievance~presented in Step 2 ef the Grievance Procedure. Each party shall bear the expense of its own witnesses and ef its own representatives. The parties shall bear equally the expense ef the impartial arbitrator. The party desiring a transcript of the hearing will bear the cost of the same. Copies ef the award ef the arbitration made in accordance with the jurisdition or the authority under this Agreement shall be furnished to both parties within thirty (30) days of the Hearing. An employee will have the option of utilizing the Civil Service Appeal Procedure or this grievance procedure but such employee cannot use beth. ARTICLE 25 EDUCATION All employees coverd by this Agreement shall be allowed to attend courses required by the Fire Department or by State Law while on duty, at the discretion of the Fire Chief. ARTICLE 26 REPRESENTATION OF THE UNION The membership of the Union shall be'represented by the President ef the Union or by a perso.n' or persons designated-in writing to the City Nanager by the Pr'esident of the union. The identifica~ tion ef representatives shall be made eaeh yeau prier to April,1. The President ef the Union, or the person or .persons designated by Said:President shall have full authority te conclude a collec- ti~e~'~bargaining agreement on behalf of the Union subject te majority vote of those Union members voting on the question of ratification. It is understood that the Union representatige or representatives are the official representatives ef the Union for the purpose of negotiating with the City. Such negotiations en- tered-into with persons other than those as defined herein, gardless ef their position or association with the Union, shall be deemed unauthoriZed and shall have no weight or authority in committing er in-any way obligating the Union. It Shall. be the responsibility of the Union to notify the City Nana~er in writing ef any change in the designation of the President or any certified representative of the Union. ARTICLE 27 REPRESENTATION OF THE CITY The City shall be represented by the City Manager or a person or persons designated in-writing to the Union by the City Eanager. The person designated shall have full authority to negotiate an ARTICLE 27 cont. agreement on behalf ~ the City upon being directed by official re- solution ef the City.Commission. It is understood that the City Representative er Representatives are the official representatives ef ~he City ~or the purpose e~ negotiating with the Union, Nego- tiations entered into with persons other than.those as defined herein,~ regardless of their position or association with the City, shall be. deemed unauthorized and shall have no weight or authority in committing or in any way obligating the City. .~,~? ARTICLE 28 DURATION This Contract shall be in full force and effect from October 1, 1975 through September 30, 1976 and for succeeding periods ef twelve (12) months unless either party shall notify the other in writing prior to June 15, 1976 and not later than July 1, 1976 of their desires to negotiate a new Contract. Upon receipt of such notification, the parties shall arrange to meet promptly and re- gularlyGfor the purpose of ~egotiating a new Contract, and. only these items included in the notice shall be subject te negotiations. In the event one or both parties have given notification of its or their ~esire to negotiate a new Contract, within the time limits provided for herein, and no agreement has been reached after 60 days ef negotiation, all unresolved issues shall be submitted to arbitration under the arbitration provision of the grievance pro- cedure contained in this Agreement, ARTICLE 29 SUCCESSORS_ This Agreement shall be binding upon %he successors'and assigns of the parties hereto, and no provisions, terms or obligations ~erein contained shall .be affected, modified, altered, or changed in any respect whatsoever by any change of any kind of. the ownership, or management,.ef either party hereto, Agreed to this day of 1975, by and between the respective parties .through the authorized representatives of the Union and by the City Manager. Attest: Boynton Beach Professional Fire Fighters, Local 1891 Attest, On the Part of the City of Boynton Beach, Florida ~ Approved as to Form and Correctness City Attorney