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R97-021RESOLUTION NO. R97-~/ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING THE 1995-96 COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (I.A.F.Fo) LOCAL 1891; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach and the International Association of Firefighters (I.A.F.F.) Local 1891, declared an impasse in collective bargaining negotiations as to wages and duration of the agreement, and the same was brought before the City Commission in June, 1996; and WHEREAS, the I.A.F.F., Local 1891 ratified the Agreement on January 6, 1997; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby ratify the 1995-96 Collective Bargaining Agreement between the City of Boynton Beach and the International Association of Firefighters (I.A.F.F.) Local 1891. Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this //L day of February, 1997. /~ayor . // i ATTEST: Commissioner Co~dssioner / 1995/96 COLLECTIVE BARGAINING AGREEMENT BETWEEN CITY OF BOYNTON BEACH, FLORIDA BOYNTON BEACH ASSOCIATION OF FIRE FIGHTERS, LOCAL 1891 OF THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, AFL-CIO, CLC 01/06/97 IAFF TABLE OF CONTENTS Preamble ................................................ 1 Recognition ................................... 2 Discrimination ................................ 3 Payroll Deduction of Dues ..................... 4 Union Business ................................ 5 Representation of the Union ................... 6 Representation of the City .................... 7 Rules and Regulations ......................... 8 Hours of Work ................................. 9 Working Conditions ............................ !0 Uniforms and Safety Equipment ................. 11 Physical Exams & Immunizations ................ 12 Group Insurance/Drug-Free Workplace ........... 13 Operator's Insurance .......................... 14 Wages ......................................... 15 Overtime and Call Back ........................ 16 Exchange Time ................................. 17 Sick Leave .................................... 18 Compassionate Leave ........................... 19 Vacation ...................................... 20 Personal Time ................................. 21 Holidays ...................................... 22 Court Time .................................... 23 Working Out of Classification ................. 24 Education ..................................... 25 Educational Incentive ......................... 26 Medical Certification ......................... 27 Licenses & Registration Fees .................. 28 Seniority List ................................ 29 Vacancies ..................................... 30 Reference Materials ........................... 31 Bulletin Boards ................................ 32 Memos ......................................... 33 Grievance Procedure ........................... 34 Prevailing Rights ............................. 35 Savings Clause ................................ 36 Appendices, Amendments & Additions ............ 37 Successors .................................... 38 Shift Fire Inspectors ......................... 39 Additional Issues ............................. 01/06/97 IAFF ~ CITY~ Page 1 2 3 5 6 7 8 10 11 13 16 18 20 21 23 25 26 29 30 35 36 38 39 41 43 44 46 47 49 50 51 52 53 .57 58 59 60 61 63 4O 41 Management Rights ............................. Duration ...................................... Signature Page ................................ 64 66 67 o /o6/97 IAFF CITY~ 1 ~ This Agreement is entered into by and between the City of Boynton Beach, hereinafter referred to as the "City", and the Boynton Beach Association of Fire Fighters, Local 1891, of the International Association of Fire Fighters, hereinafter referred to as the "Union". ~ It is the purpose of this Agreement to achieve and maintain harmonious relations between the City and the Union; to provide for equitable and peaceful adjustment of differences which may arise and to establish proper standards of wages, hours and other conditions of employment. 01/06/97 IAFF ~ -2- S~.cz~iDn~l~ The City hereby recognizes the Union as the sole and exclusive bargaining agent for all employees of the Fire Department except Chief of the Department, Deputy Chief, Training Officer, EMS Coordinator, Fire Inspector, and clerical personnel. Secz~Lom~2~ 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. 01/06/97 IAFF ~ CITY~ -3- DISCRIMINATION The City agrees not to discriminate against any employee for his/her activity in behalf of, or membership in, the Union. The City and Union agree that there shall be no discrimination against any employee because of race, creed, religion or sex. 01/06/97 IAFF ~ -4- PAYROLL DEDUCTION OF DUES Sec~ The City agrees to deduct, once each week, dues and assessments in an amount certified to be current by the Treasurer of the Union from the pay of those employees who individually request in writing that such deductions be made. The total amount 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 or for 30 days after notification of the revocation of this authorization by the Union Treasurer. The Union will pay for this service in the form of a lump sum payment of $100.00 per contract year. ~ Any employee may revoke his/her dues deduction by going to the Union Treasurer and requesting such. The Union Treasurer shall be responsible for notifying the City's Finance Department of such revocation. CITY~ -5- UNION BUSINESS S~Lt/D~L~ Up to two officers of the Union or their designees shall be granted time off without loss of pay to attend Union functions, not to exceed ten (10) shift days per contract year, provided it does not affect the operation of the Fire Department. One of the ten shift days (24 hours) may be used in 2 to 6 hour increments provided the leave is approved by the shift officer(s) not later than the preceding corresponding shift. 01/06/97 IAFF ~ CITY~ -6- REPRESENTATION OF THE UNION The membership of the Union shall be represented by the President of the Union or by a person or persons designated mn writing to the City Manager by the President of the Union. The identification of representatives shall be made each year prior to April 1. The President of the Union, or the person or persons designated by said President shall have full authority to conclude a collective bargaining agreement on behalf of the Union subject to a majority vote of those bargaining unit members voting on the question of ratification° It is understood that the Union representative or representatives are the official representatives of the Union for the purpose of negotiating with the City. Such negotiations entered into with persons other than those as defined herein, regardless of their position of association with the union, shall be deemed unauthorized, and shall have no weight or authority in committing or in any way obligating the Union. It shall be the responsibility of the Union to notify the City Manager in writing of any change in the designation of the President or any certified representation of the Union. 01/06/97 IAFF ~ -7- A~TICLE~ 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 Manager. The person designated shall have full authority to negotiate an agreement on behalf of the City. It is understood that the City representative or representatives are the official representatives of the City for the purpose of negotiating with the Union. Negotiations 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 authority or weight in committing or in any way obligating the City. 01/06/97 IAFF ~ CITY~ 01/06/97 -8- RULE~ ~ REGULATIONS ~ The Union agrees that its members shall comply with all Fire Department rules and regulations, including those relating to conduct and work performance. S~ The City may adopt, change and modify rules and safety regulations necessary for the safe, orderly and efficient operation of the Fire Department as provided in this Article. ~ A Committee on Rules and Regulations shall be established for the Fire Department. This Committee shall be comprised of six (6) members, three (3) appointed by the City and three (3) appointed by the Union. Action may be taken by the Committee if supported by a majority of those members after proper notice. The powers of the Committee shall be as follows: a. The Committee shall act in an advisory capacity in promulgation of rules and regulations regarding the direct service aspects of duty relating to fire prevention and combat and emergency medical services performed by bargaining unit members. Whenever the City changes work rules or issues new work rules, the Committee will be given at least fourteen (14) calendar days prior notice, absent any emergency, before the IAFF ~ CITY~ -9- effective date. The Committee shall meet and consider prospective rules and regulations prior to any such rules and regulations becoming effective and shall inform the Fire Chief of the advisability of implementing these rules and regulations. The Fire Chief retains the ultimate authority to promulgate these rules and regulations as he/she deems fit. b. The Committee shall consider and have the final authority to promulgate departmental rules and regulations regarding internal and housekeeping matters which do not relate to the direct service functions of the Fire Department. ~ As set forth by the Chief of the Department all fire department officers and supervisors shall be responsible for the enforcement of all rules and regulations. Any disciplinary action taken as a result of violations of said rules and regulations shall be subject to the grievance provisions of Article 33. 01/06/97 IAFF ~ CITY~ -10- HOURS OF WORK ~ Ail employees covered under this Agreement presently working a 40-hour work week shall work 40 hours per week upon agreement between employee and Fire Chief. ~ All shift employees covered under this Agreement shall work a 48 hour work week, i.e., 24 hours on duty, 48 hours off duty with a 24 hour shift "Kelly Day" off duty every three (3) weeks. The twenty four (24) hours on duty will be from 7:30 a.m. to 7:30 a.m. the following day. ~ It is agreed that neither the Union nor the City will propose for negotiations a reduction or increase mn the 48- hour work week for a period of time corresponding to the term of this Agreement. Section 4. Based upon the special needs of the service and the public, shift employees may, voluntarily, on a temporary basis, be assigned by the Fire Chief or his designee to a 40 hour work schedule in order to accomplish special projects or special assignments. 01/06/97 IAFF ~ -Il- WORKING CONDITIONS ~ Fire fighters may be needed at any time of the day to fight fires and/or render emergency medical care. But, to do so effectively, they need to be constantly prepared. The safety of our citizens depends as much on the fire fighters' ability to maximize the effectiveness of their equipment, as it does on the fire fighters' 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 required to ensure that the desired optimum response effectiveness is attained. . ~-. - The Union pledges to support and participate in training, equipment maintenance, fire prevention programs and emergency medical service programs which have as their goal the increased efficiency of the City's fire protection and emergency medical service. ~ To aid the members of the Union in providing quality emergency services, the City, in concert with the Union, agrees that employees will not be reqUired to perform any task, not related to their normal job description, other than routine station maintenance. Routine station maintenance shall be defined as any 01/06/97 IAFF ~ CITY~ -12- type of maintenance that is done on a scheduled basis, such as window cleaning, kitchens, living facilities, vehicles and safety equipment. 01/06/97 IAFF ~ ~ CITY -13- D-NIFORMS AND SAFETY EQUIPMENT ~ The City shall supply Fire Department personnel with uniforms each contract year provided through the warehouse. The issue will include - uniform shirts, uniform pants, coveralls, ball caps, T-shirts, belt with buckle, shorts, work jackets, and patches as needed. Current placement of patches will apply. Plain toed, black, safety shoes, including sneakers or boots, as available on the shoe mobile will be provided when, in the discretion of the Fire Chief or his designee, the employee's city issued shoes have worn out and no longer provide the protection they were intended to provide. Uniforms may be acquired on an "as-needed" basis through "quarter- master" system with the following being the general guidelines for quantities each fiscal year: 3 ea. uniform shirts (Class A) 3 ea. uniform pants (Class A) 1 ea coveralls 3 ea T-shirts 1 ea ball cap 1 ea jacket tea pair of boots or safety shoes (but only when needed). 2 ea shorts 1 ea belt with buckle (but only when needed). Specialty patches as required 01/06/97 IAFF ~ CITY~ -14- New employees shall receive the above listed allocation. To obtain a replacement item, the employee must turn in the item to be replaced if the item has become damaged when the employee has been required to perform firefighting/rescue functions, respond to emergency operations or when conducting training functions scheduled by the department. ~ Ail fire fighting safety equipment, as determined by Fire Department regulations shall be furnished by the City. The title to such equipment shall remain with the City. If standards of fire fighting safety equipment change, upon replacement of existing equipment, the replacement equipment will be National Fire Protection Association (NFPA) recommended. If the Fire Fighter needs a replacement of fire fighting safety equipment, he/she shall submit such request in writing through the chain of command. The Fire Department Safety Officer shall make a determination as to the appropriateness of such replacement. Once it is determined that a replacement is needed, the City shall have a maximum of four (4) weeks to replace the item, unless extenuating circumstances exist. The City shall notify the employee of the extenuating circumstances and of the approximate time the replacement item will arrive. 01/06/97 IAFF ~ -15- of the employee, rescue duties, conducting training functions scheduled by the department. ~ The City shall arrange for the repair or replacement of an employee's uniform, work clothing, prescription optical aids, watches or dentures which become damaged or lost, through no fault while the employee is performing firefighting/ responding to emergency operations or when The City shall be exempt from payment for those amounts which are paid by Workers' Compensation. The request for repair or replacement must be submitted within three (3) months from the date of the occurrence. 01/06/97 IAFF ~ CITY[~~ -16- PHYSICAL ~XAMS & I~9~I~NIZATION ~ The City shall furnish a thorough physical examination, including an E.C.G., tuberculosis test and chest x- ray, for each permanent member of the Fire Department, once every three years or if the employee wishes, yearly. Appointments for those examinations will be made only once; and will correspond with the employee's on-duty time and no overtime monies will be authorized for off duty examinations. The City shall pay for this annual examination only. A physical examination at least once every three years is mandatory for all members of the bargaining unit. If the employee wishes, the employee may have a physical in the third contract year only, with the cost to the City not to exceed three hundred dollars ($300.00). ~ A member may elect his/her own private physician if approved by the City and the City is only obligated to pay a portion of the fee, not to exceed one hundred dollars ($100.00) yearly or a total of three hundred ($300.00) maximum if taken as outlined in Section 1 above, upon proper receipt. The employee shall be responsible for scheduling the appointment and forwarding the results to the City to be included in the employee's personnel records. 01/06/97 AFF -17- ~cz~Qn~3~ The City shall provide for any immunizations or medical treatment as needed for protection from cuts or exposure to disease suffered in the line of duty. ~ Immunization A. The City shall provide an immunization schedule during the life of this Agreement for all members as a means of protection from the following: Hepatitis - (Type B) B. Members who refuse to be immunized for Hepatitis- Type B and who later contract that disease shall not be presumed to have contracted the disease while on duty. employee It shall be mandatory for the City to notify the when documentation exists that the employee was significantly exposed to a communicable disease in the line of duty only after such documentatmon is brought to the attention of the City. If an employee contracts a communicable disease as listed in Section 112.181 of the Florida Statutes, then it shall be presumed that the employee contracted that disease while on duty, except as stated in Article 11, Section 4b. Recordkeeping and notification of known exposures shall be as required by Chapter 112.181 Florida Statutes (Ch 95-286, 1995). 01/06/97 IAFF ~ ~ CIT~ -18- GROUP INSURANCE' Section 1. Medical Insurance: The employee cost of all insurance premiums for the City's principal medical insurance shall be borne by the City. Types of coverage currently in effect shall not be reduced. Ail policies shall be reviewed annually and modifications to the insurance plans may be made which benefit both the City and the employees. Section 2. Life Insurance: Members of the bargaining unit shall be covered by $10,000 of group life insurance with the premium paid by the City. Section 3.' Dental Insurance: The City will pay the premium for the employees and $7.00 of the premium for family coverage. Section 4. Fiscal Responsibility. Both the City and the Union understand that the costs associated with providing additional benefits for employees has significantly increased over the past several years. It is the intent of the City and the Union to work together in order to find acceptable ways to reduce the City's expenses associated with providing additional benefits for 01/06/97 IAFF ~ CITY~'~~ employees. -19- Section 5. Druq-Free Workplace. Both the City and the Union recognize that substance abuse is a wide-spread problem within our society. The Union will assist Fire Department employees in obtaining assistance and treatment, if alcohol and/or substance abuse is apparent. The Union endorses the Drug Free Workplace Policy of the City of Boynton Beach, and will cooperate fully with the City to continue with the implementation and enforcement of the policy. 01/06/97 IAFF ~ ~ CITY~ -20- OPERATOR'S INSIIRANCE ~ The City shall defend and hold harmless any employee covered by this Agreement, except any employee under the influence of alcohol, habit forming drugs, or malicious driving, who is sued as a result of any accident while on duty using City equipment. S~cz~lr~2. The City shall not assign any voluntary off-duty services from bargaining unit employees where such service(s) will involve any direct duty related work such as firefighting or emergency medical services. This Article does not prohibit employees from volunteering their off-duty time to participate in events which have, as their ultimate goal, activities such as public education or public relations for the Fire Department, provided however that such volunteer service does not waive an employee's coverage under the provisions of Section 1 of this Article. CITY~ -21- ~ Commencing on October 1st of this contract, each member of the bargaining unit shall be eligible to advance one step on their anniversary date subject to a performance evaluation rated as "satisfactory" or better, unless the member has reached the nineteenth step, in which case they shall be considered to have reached their maximum base salary cap. The 2.5% step plan matrix is attached hereto as Exhibit "A" Samtion~t. In the event an employee has 5 (five) or more occasions of use of sick leave during any contract year, that employee shall not be eligible for a one step increase after October 1st of this agreement. Instead, the employee's step increase shall be delayed for a period of 90 days, during which it will be determined if the employee has had any more occasions of use of sick leave. In the event an employee does not have an additional occasion of use of sick leave, then that employee shall be granted the one step pay increase on the first full payroll day after the completion of 90 days. The employee's denial of a one step increase shall continue in 90 day increments each time an employee has one or more additional occasions of use of sick leave. -22- S~CfC/D/~. It is the City's position that the current pay plan matrix contains great inequities for various employees of the bargaining unit. It is the intent of the City to allow the current pay plan matrix to be used during the proposed contract year, but it is the City's further position that if a pay plan matrix is used in subsequent contract years, that the pay plan matrix structure needs to be completely re-designed into a structure which is easy to understand and significantly more equitable. To that end, if the City desires to use a pay plan matrix in subsequent contract years, it will be the intent of the City to redesign the entire pay plan matrix. 0 06/97 IAFF CITY~ -28- the order listed on the appropriate form supplied by the Union Steward. D. Any donated sick time will not reflect as sick time taken by the employee; therefore, donated sick leave will not be counted against an employee's sick leave record. ~ Employees who call in sick, may return to work during the remainder of their shift if they feel capable of performing their work duties. An employee who returns to work after calling in sick, must use a minimum increment of 12 hours of sick leave before they may return to work. 01/06/97 IAFF ~ CITY[~~ COMPASSIONATE LEAVE In the event of the death of a family member of an employee, the employees shall be granted one (1) shift day leave on a day of the employee's choosing within two (2) weeks of the death. The employee shall be granted two (2) shift days leave on the days of the employee's choosing within two weeks of the death, if out of state travel is required. "Family member" is defined as the employee's spouse, mother, father, foster parents, mother-in-law, father-in-law, grandparents, brother, sister, son or daughter. Verification of the death must be supplied to the City Human Resources Office. 01/06/97 IAFF ~ CITY -30- ~ The following plans (A and B) outlines the vacation leave policy for both the 40 hour employees and the Fire Department shift employees. Vacations will be picked on a seniority basis and can be taken in increments of 12 or 24 hours,= one shift at a time. ~ The following language and schedule apply to all full time employees with an employment date prior to October 1, 1993. FULL-TIME/NON-SHIFT EMPLOYEES Each full time employee, with the exception of shift members of the Fire Department, shall earn vacation leave at the rate of one working day per month during the first year of service. Each employee shall, at the end of each year thereafter be credited with additional vacation days (accumulated in hours) for each full year of continuous service as outlined in the chart below. The number of days/hours credited per year will not increase after the 21st year of servmce unless the included chart is amended. Employees on initial one year probation are not eligible to take vacation for the first six months. the following schedule. Vacation may be accrued in accordance with 01/06/97 IAFF P1 an A CITY~ -31 - Vacation Accrual Policy (Based on 40 hour work week) Years of Service Vacation Days Vacation Hour~ 1 year 12 96 2-3 years 15 120 4 years 16 128 5 years 17 136 6 years 18 144 7 years 19 152 8 years 20 160 9 years 21 168 10-15 years 22 176 16-20 years 24 192 21 years & after 25 200 FULL-TIME/SHIFT EMPLOYEES For purposes of vacation leave, each shift member of the Fire Department shall receive the equivalent of six (6) shift days (144) hours) per year vacation. Each shift member of the Fire Department shall earn one (1) 24 hour shift day additional vacation for each four years of continuous service. The number of days/hours credited per year shall not increase after the 16th year of service unless amended. In computing vacation leave earned, no increments will accrue for any pay week which includes three or more days of leave of absence without pay. For uniformed members of the Fire Department no increments will accrue for any three week pay period which includes four or more days of leave of absence without pay, or the appropriate percentage of the pay period. -32- Employees may accrue vacation leave to a maximum of the leave earned in the most recent two employment years. Vacation leave accrued during January 1 - December 31 may exceed this stated policy, however, any amount over the allowable maximum that has not been used during that period (January 1 December 31) will be forfeited as of December 31. ~ The following language and schedule apply to all full time employees with an employment date of October 1, 1993, and thereafter. FULL-TIME/NON-SHIFT EMPLOYEES Each full time employee with the exception of shift members of the Fire Department shall earn vacation leave at the rates shown in the schedule outlined in this section. Each employee shall at the end of each year be credited with additional vacation days (accumulated in hours) for each full year of continuous service as noted in the chart below. The number of days/hours credited per year will not increase after the 20th year of service unless the schedule is amended. Employees on their initial one year probation are not eligible to take vacation for the first six months of employment. Vacation may be accrued in accordance with the following schedule: CITY~ -33 - Plan B Vacation Accrual Policy (Based on 40 hour work week) Years of Service Vacation Days 1 year 6 2 years but less than 5 12 5 years but less than 10 15 10 years but less than 17 17 20 years and after 20 Vacation Hours 48 96 120 136 160 FULL-TIME/SHIFT EMPLOYEES For purposes of vacation leave, each shift member of the Fire Department shall receive the equivalent number of vacation shift days (24 hours) as outlined below. Each shift member of the Fire Department shall earn one (1) 24 hour shift day additional for each four years of continuous service. The number of days/hours credited per year shall not increase after the 16th year of servmce unless amended. Vacation Accrual Policy (Based on Fire Department 48 hour shift) Years of Service Vacation Shift Days ~ Year 4 2 years but less than 5 5 5 years but less than 10 6 10 years but less than 15 7 15 years and after 8 Vacation Hours 96 120 144 168 192 Employees may accrue vacation leave to a maximum of the leave earned in the most recent two employment years. Vacation leave accrued during January 1 December 31 may exceed this stated 01/06/97 IAFF /~f CITY ~ -34- policy, however, any amount over the allowable maximum that has not been used during that (January 1 - December 31) will be forfeited as of December 31. ~ For special "one time" kind of events, employees will be allowed to accumulate more than two years earned accrued vacation with the prior approval of the Chief. Such approval must be received at a time prior to the two (2) year maximum accrual that is equal to the extra accrual that is requested. Maximum accrual will be limited to three (3) years earned vacation. Example: An employee may accrue 12 shift days in two years. The employee requests two additional days beyond the maximum. The employee must submit his/her request for the two additional days four months prior to his/her 12-shift day maximum for approval to extend the 12 days to 14. 0 /06/97 IAFF ~ CITY~ s eation~l~ to use his/her vacation time, in two (2) , increments, for personal reasons while on duty. -35- PERSONAL TIME Any employee covered by this Agreement shall be able to six (6) hour ~ This privilege shall be available only when such use will not be detrimental to the efficient/normal operation of the Fire Department as determined by the Chief or his/her designee. S~ItJ_om~3~ Efficient operating levels shall be determined by the normal operating levels of the Fire Department as determined by the Chief. This shall hold true for all shifts and for all reasons. The purpose of "personal time" is to provide an opportunity for an employee to have time in short increments to carry out necessary personal or family responsibilities without being required to take an entire shift. Seniority will therefore' not be a factor in granting personal time and no grievance procedures will be available to any employee. 01/06/97 IAFF ~ CITY -36- S~ The following days shall be considered holidays: New Year's Day, Martin Luther King Jr. Day, Washington's Birthday, Memorial Day, Independence Day, Thanksgiving Day and the Friday Labor that Day, Veteran's Day, follows Thanksgiving, Christmas Day and 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-hours pay for each holiday. Forty hour employees will follow the holiday schedule for all non-union employees. ~ If an employee covered by this AgreemenE wishes, the employee may receive the above (Section 1) holiday pay, (with the exception of Labor Day which will be paid as a regular holiday), at straight time in one lump sum on the last week of August of each year. The individual employee will sign and have in the Finance the first week of the current contract, a form as Department, follows: I, , hereby authorize the City to withhold my holiday pay until the last week of August, with all proper withholdings taken out. I understand 01/06/97 IAFF -37- that at no time during this period under any circumstances, except if I am no longer covered under the bargaining unit, will I request my monies until the last week of August. Newly hired employees to the Fire Department shall have one week from date of employment to sign up for the holiday pay option. The holiday pay will be prorated based on the number of holidays remaining in the contract year. 01/06/97 CITY~ -38- SaC~D~i. Any employee covered by this Agreemen5 who is summoned or subpoenaed to appear in a court of law, while off duty, as a result of his/her employment as a member of the Fire Department, will be paid for his/her court time at the rate of one and one-half (1 1/2) times his/her current hourly rate, excluding travel time, provided the Fire Chief is given prior notification so that the Chief has the opportunity to schedule such appearance during regular duty hours. The employee will receive a minimum of two (2) hours pay, and the employee shall return all fees received from the Court to the City. Should such summons or subpoena require the employee to appear on a day that they are on duty, then the pay of this Section shall be waived by the employee. SacLLon 2. Any employee covered by this Agreement who is required by a court of law to appear for jury duty during a day when they are on duty, shall return all fees received from the court to the City, excluding travel expenses. The employee shall notify the Fire Chief upon receipt of a summons for jury duty. 0 /06/97 IAFF -39- WORKING OUT OF CLASSIFICATION ~ Any employee covered by this Agreement, who is assigned the duties and/or responsibilities of a range above his/her current classification in the absence of their direct supervisor, shall be compensated for holding that higher position at a rate of pay equivalent to one pay step higher or 5% above than the pay step which that employee normally holds. When assigned, the employee shall accept the duties and responsibilities of the position. The internal ranking of Fire Fighter I, II, and III shall be considered as one classification (Fire Fighter) only for purposes of this Article. Pay for such an employee working out of classification will commence only upon and subsequent to the sixth (6th) occurrence of such action. In the event that an employee is promoted into a higher classification and then works out of class again (in the higher class), pay for such an employee working out of classification will commence only upon and subsequent to the 6th occurrence of such action. S~ Higher classification assignment shall, with the Chief's discretion as to ability, be made on a rotating basis in order to afford all employees an equal opportunity to gain experience in the next higher position. The Chief and/or officer 01/06/97 IAFF ~ CITY ~ -40- in charge shall make official notification to the acting party. This notification shall be logged as part of daily permanent records. ~ These assignments will not be changed so as to intentionally avoid payment. 01/06/97 IAFF ~ CITY -41- ~ Ail employees covered by this Agreement shall be permitted to attend schools or classes while on duty, using personal time as defined in Article 20, for the purpose of obtaining the education required for advancement or the updating of skills and knowledge, provided that such leave will not reduce the manpower of any shift below acceptable limits or result in overtime, as determined by the Chief or on-duty officer in charge. Such leave will be on a rotating basis. ~ The City shall pay, upon completion of classes, for all tuition and book fees not to exceed funds established in the City budget, for accredited Fire Science classes, EMT I, EMT II, and all classes required by the City, provided a grade of "C" or higher is attained. ~ The City shall provide' the opportunity for sending twenty per cent (20%) of the members of the Fire Department covered by this Agreement, not to exceed funds established in the City budget, at least half of which shall be non-officers, to approved out-of-town training classes. No employee shall be required to take advantage of the provisions of this Article who has not expressed a desire to do so. A list of classes shall be posted so 01/06/97 IAFF ~ CITY ~ -42- each employee will have the opportunity to request the class or classes of his/her choice. Those attending shall be entitled to travel pay in accordance with City policy. Each employee shall have an opportunity to attend once before another is sent twice. If more than twenty per cent (20%) of the members wish to attend these classes, the Chief shall decide who will be sent with due regard to the provisions of this section. ~ Employees will be allowed to use on-duty time, without loss of vacation time, for classes necessary to remain certified in their current classification, or for classes required by the City. 0 06/97 iAF CITY~ -43- ARTEI~25 EDUCATIONAL INCENTIVE Fire Department Employees covered by this Agreement will be eligible for a monthly education incentive payment not to exceed the supplemental compensation limits set forth in applicable Florida Statute (currently FSS 633.382) and the corresponding regulations in the Florida Administrative Code. CITY -44- MEDICAL CERTIFICATION ~ Employees currently holding a valid and current EMT- I certificate in accordance with the Florida Statutes will receive five percent (5%) additional pay over their September 30, 1995 base pay (assigned grade and step) during the period of time they are certified according to the Florida Statutes. Each member must submit to the Human Resources Department a dated copy of his/her certificate showing the expiration date. Se~2~iQD~2~ Employees holding a valid and current Paramedic certificate in addition to a current and valid EMT-I certificate in accordance with the Florida Statutes and who perform Paramedic duties as assigned by the Fire Chief and the Medical Director will receive fifteen percent (15%) additional pay over their September 30, 1995 base pay (assigned grade and step). Employees who hold just a valid and current Paramedic certificate in accordance with the Florida Statutes and who perform Paramedic duties as assigned by the Fire Chief and the Medical Director will receive twenty percent (20%) additional pay over their September 30, 1995 base pay (assigned grade and step). ~ Employees holding a valid and current Paramedic certificate in accordance with Florida Statutes who could perform 01/06/97 IAFF ~ CITY ~ -45- the duties as assigned by the Fire Chief and the Medical Director, but who wish to be inactive as operating Paramedics and are not on assignment as Paramedics by the Fire Chief, will receive five percent(5%) additional pay over their September 30, 1995 base pay (assigned grade and step) during that period of time they are certified but inactive. If for any reason, an employee is assigned to perform as a Paramedic during this inactive period, he/she will receive an additional fifteen percent (15%) pay for a total of 20% over their September 30, 1995 base pay (assigned grade and step) for the day or days worked. ~ Notwithstanding any other provision of this Article, or this agreement, the maximum total additional pay that any bargaining unit member can receive through any combination of qualifications is 20% above their September 30, 1995 base pay. This provision shall limit additional compensation to a cap of 20% for additional pay, except for the position of Acting Lieutenant a-nd Acting Captain. This provision shall not reduce the additional compensation for any member of the bargaining unit currently receiving more than 20% during the term of this conEract. Ol/O6/97 IAFF ~ CITY -46- LICENSES & REGISTRATION FEES The City shall pay the fee for any license required by the State or City, such as EMT renewals or certificates. In the event of any changes required by law regarding driver's license requirements for firefighters, the City shall pay the initial fee only for such license changes. Ail subsequent renewal of such license fee shall be the responsibility of the employee. o /o6/s? CITY -47- SENIORITY LIST ~ The Fire Department shall establish a seniority list and it shall be brought up to date on January 1st of each year. Such lists shall be posted thereafter on the bulletin board an each Fire Station, and shall be considered correct unless objection is raised within thirty days of the posting. After thirty days, it shall stand approved, unless documented evidence is presented to justify changes or adjustments. ~ Employee's seniority is established from the date of approval for employment by the City of Boynton Beach. If two or more members are employed on the same date the seniority standing shall be determined by the original entrance test score for the Fire Department, the higher score placed higher on the list. If the test scores are the same, the date of application for employment with the Fire Department will determine the seniority status, the earlier date being placed higher on the list. ~ Lay-offs and manpower cut-backs shall be determined by the seniority list. The lowest on the seniority list will be laid off first and so on up the list. In the evenn of lay-offs and/or cut-backs, the City agrees to notify the union president in writing, no later than two (2) weeks prior to said action. 01/06/97 IAFF ~ CITY ~ -48- Employees who are laid-off shall have recall rights for a period of twelve (12) months and shall be recalled in the reverse order in which they are laid-off, i.e., last laid-off will be first recalled. No new employees will be hired into any classification while a laid-off employee has recall rights. 01/06/97 IAFF ~ CITY -49- Budgeted promotional vacancies occurring in any position within the certified bargaining unit will be filled in accordance with the Civil Service Rules and Regulations. Any such vacancy shall be offered within thirty (30) days of the establishment of the appropriate eligibility list. 01/0'6/97 IAFF ~ CITY -50 - RW-F~.R~.NC ~. NIAT~.R IAT..~ The City shall provide one copy, at each station, of all reference materials for notification. Station(s). promotional examinations at the posting of These reference materials shall remain in the Fire 01/06/97 IAFF CITY -51- ARTICLE~3~ BULLETIN BOARDS The City shall furnish at each fire station space for bulletin boards for the purpose of Union notices. on the bulletin board shall bear on Any notice or item placed its face the legible designation of the person responsible for placing such notice or item on the board. A 3' x 4' space is hereby approved. The Union is to supply the bulletin boards. IAFF ~ CITY -52- ~ The Union Secretary's name shall be placed on a routing slip to receive copies of the agendas and minutes of all regular and special meetings of the City Commission. ~ A copy of all memos and notices concerning Fire Department policy and operations will be posted on Fire Department bulletin boards and a copy shall be sent to the Secretary of the Union. ~ When a policy manual is completed and placed into effect, Sections 2 and 3 of this Article shall be deleted. 01/06/97 IAFF ~ CITY -53- GRIEVAlqCE PROCEDURE ~ Grievances or disputes which may arise, including the interpretation of this Agreement, shall be settled in the following manner: ~ The aggrieved employee shall within six (6) business days of the occurrence which gave rise to the grievance, submit a letter and signed petition to the Union Grievance Committee. The Union Grievance Committee shall determine if a grievance exists. If in its opinion no grievance exists, no further action is necessary. ~ If a grievance does exist, the Committee shall within fifteen (15) business days of the event giving rise to the grievance, with the physical presence of the aggrieved employee, present the grievance to the Chief or his designee for adjustment. Step 3. If the grievance has not been settled within five (5) business days from the date of submission to the Chief or his designee, the grievance may then be submitted to the City Manager for adjustment. The City Manager, prior to making a decision on the grievance, may conduct a predetermination conference and require the grievant to submit to an inquiry regarding the substance of the grievance. The City Manager may be assisted by the City Attorney. The grievant may be assisted by a union -54- representative or counsel of his/her choice. The inquiry by the City Manager may be tape recorded. In the case of grievances involving disciplinary action, all matters in defense, or in mitigation of the proposed disciplinary action known at that time by the grievant, should be raised by the grievant. Step 4. If the grievance has not been settled by the City Manager within ten (10) business days from the date of the predetermination conference, the grievance may then be submitted to arbitration. ~ 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 ten (10) business days after the City Manager's response is due in Step 4. The parties will attempt to mutually agree upon an arbitrator. If this cannot be done within fifteen (15) business days, an arbitrator from a list provided by the Federal Mediation and Conciliation Service shall be used. The parties agree to accept the Arbitrator's award as final and binding upon them, subject to the following: The arbitrator shall have jurisdiction and authority 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 amendment thereto. It is contemplated that the CITY Q~~ -55- City and the Union shall mutually agree in writing as to the statement of the matter to be arbitrated prior to the hearing, and if this is done, the arbitrator shall confine his/her decision to the particular matter thus specified. In the event of the failure of the parties to so agree on a statement of the issue to be submitted, the arbitrator will confine his/her consideration to the written statement of the grievance presented in Step 3 of the Grievance Procedure. Each party shall bear the expense of its witnesses and of its own representatives. equally the expense of the arbitrator. The parties shall bear The party desiring a transcript of the hearing will bear the cost. Copies of the arbitrator's award shall be furnished to both parties within thirty (30) days of the hearing. ~ An employee has the option of utilizing the Civil Service Appeal Procedure or this grievance procedure, but the employee cannot use both. The Union reserves the right to represent or not represent employees who are not members of the Union, as provided by law. ~ec~D~o/3~ This article is intended to provide for "rights" arbitration, i.e., resolution of disputes which impact upon or affect wages, hours and terms and conditions of employment. This article is not intended to provide for "interest" arbitration. 01/06/97 IAFF ~f CITY ~ -56- ~ "Business days" are defined as Monday through Friday excluding holidays. 0~/06/~? ~AFF ~ CITY -57- PREVAILING RIGHTS Ail job rights and benefits heretofore authorized or permitted by the City Manager or Fire Chief and continuously en3oyed by 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. Except as specifically provided in this Agreement, this Agreement should not be construed to deprive any employee of benefits or protection granted by the Laws of the State of Florida or Ordinances and Resolutions of the City of Boy-nton Beach in effect at the time of the execution of this Agreement. Provided, however, nothing in this Agreement shall obligate the City to continue practices or methods which are unlawful or unsafe. 01/06/97 IAFF ~ CITY SAVINGS CLAUSE If any provision of this Agreement, or the application of such provIsion, should be rendered or declared invalid by any court action or by reason of any existing or subsequently enacted legislation, the remaining provisions of this Agreement shall remain in full force and effect. 01/06/97 IAFF ~ CITY -59- - ~- Z ~ -' -- , -- S AND ADDIT~ONS Ail appendices, amendments and additions to this Agreement shall be numbered or lettered, dated and signed by the responsible parties, and shall be subject to all other provisions of this Agreement. 01/06/97 IAFF ~ CITY~ -60- This Agreement shall be binding upon the successors and assigns of the parties hereto, and no provisions, terms, or obligations herein contained shall be affected, modified, altered or changed in any respect whatsoever by any change of any kind in the ownership or management of either party hereto. 01/06/97 IAFF ~ -61- SHIFT FIRE INSPECTORS ~ During contract year 1995-1996, the City shall provide six (6) authorized positions for shift personnel certified by the state and assigned by the Chief the responsibility of Shift Fire Inspector. This additional responsibility shall be made available to any employee, except Fire Prevention Officers. The Fire Chief and Fire Prevention Officer II shall establish minimum goals and standards to be met by shift personnel assigned as Shift Fire Inspectors. Any personnel assigned prior to April 1, 1996 shall remain assigned and the number of assignments shall be brought down to (six) 6 through attrition, whether that be by means of retirement, resignation of assignment, or for not performing assigned duties. If an assigned Shift Fire Inspector fails to perform duties assigned by the Fire Chief, he/she shall be reassigned and another shift personnel may be assigned the additional duties as Shift Fire Inspector. ~ A waiting list shall be kept as to the seniority of the date of state certification and seniority in the employment service of the Fire Department. ~ Any employee who is assigned the additional duties as Shift Fire Inspector shall receive an additional five percent 5% 01/06/97 IAFF ~ CITY~ -62- pay over their September 30, 1995 base pay (assigned grade and step) during the period of time they are certified and assigned such responsibility by the Fire Chief. If an employee is reassigned from the active list, he/she shall go to the bottom of the list as of the date of reassignment. ~ Notwithstanding any other provision of this Article, no employee acting as a Fire Inspector, in combination with any other qualifications, such as, but not limited to those qualifications set forth in Article 26, shall earn more than 20% over their September 30, 1995 base pay, the only exception being. personnel that currently are receiving more than twenty (20% over their September 30, 1995 base pay on ratification of this contract. Section 5. When the number of assignments falls below 6 (six), additional shift personnel shall be assmgned in order to maintain a total of 6 (six) Shift Fire Inspectors. 01/06/97 IAFF ~ CITY~ -63- ADDITIONAL ISSUES ~. ASSIGNMENT OF BEDS. The Fire Chief shall provide sleeping quarters for on-duty shift personnel. In the event that an existing Fire Station is completely rebuilt, or if a new Fire Station is constructed, the Fire Chief shall determine the number of beds, the method of assignment of beds, and when possible, provide a sleeping environment to enhance privacy for a dual gender workforce. S~hiD~2. COMPENSATORY TIME FOR EDUCATION/TRAINING Employees who participate in required educational and/or required training activities as approved by the Fire Chief or designee who are unable to attend those classes "on shift" due to scheduling difficulties, and take those classes and/or training on their off duty time, shall be eligible to receive compensatory time. Additional compensatory time can be granted for persons approved for special projects and events as directed by the Fire Chief or designee. All compensatory time will be earned at the rate of time and one half, with a cap of twenty-four (24) hours. 01/06/97 IAFF ~% CITY M/%NAGEMENT RIGHTS ~ The Union and the bargaining unit employees recognize that the City has the exclusive right to manage and direct the various departments of the City. Accordingly, the powers and authority which the City has not specifically abridged, delegated, or modified by the express provisions of this Agreement are retained by the City. Therefore, the City specifically, but not by way of limitation, reserves the exclusive right to determine the mission of the City and its various departments, divisions and other units of organization. Any right or privilege of the City not specifically relinquished by the City in this Agreement shall remain with the City. ~ The City Commission has the sole authority to determine the purpose and mission of the City and the amount of budget to be adopted. ~ If at the discretion of the City Manager, it is determined that civil emergency conditions exist, i.e., riot, civil disorder or natural disaster, the provisions of this Agreement may be suspended for good cause by the City Manager during the time of such emergency, provided that the Union is notified as soon as is 01/06/97 IAFF ~ CITY [~ -67- Agreed to this ~,~3~ day of $-~%~¥ and between the respective parties through representatives of the Union and the City. the authori zed W~nes~ ~ BOYNTON BEACH ASSOCIATION OF FIRE FIGHTERS, LOCAL 1891: President Secretary Witness Witness CITY OF BOYNTON BEACH City Clerk Approved as to Form and Correctness: /~ OV~ED~ TO FORM: o /o /97 IAFF CITY