R91-177RESOLUTION N0.~-91-~7
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, APPROVfNG
A TWO (2) YEAR UNION CONTRACT BETWEEN THE
CITY OF BOYNTONBEACH AND THE INTERNATIONAL
ASSOCIATION OF FIREFIGHTERS, LOCAL 189I,
COMMENCING OCTOBER 1, 1991, AND AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE SAID CONTRACT, ATTACHED HERETO AS
EXHIBIT "A".
M~EREA$, the City Commission of the City of Boynton Beach, Florida.
upon recommendation of staff, deems it to be in the best interest of the
citizens and residents of the City of BoyntonBeach to approve a two {2)
year.union contract between the City of Boynton Beach and International
Association of Firefighters, Local 1891, commencing October 1, 1991.
NOW, THEREFORE, BE IT,RESOLVED BY THE CITYCOI~ISSION OF THE CITY OF
BOYNTONBEACH, FLORIDA THAT:
Section 1. The City Commission of the City of Boynton Beach hereby
approved {2) year Contract between the City of Boynton Beach and
the International Association of Firefighters, Local 1891, con~nencing
October 1, 1991 and authorizing and directing the Mayor and City Clerk to
execute said Contract, a copy of which is attached hereto as Exhibit "A".
Section 2, This Resolution shall take effect in~nediately upon
passage.
PASSED AND ADOPTED this /.~ day of October, 1991.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
ST:
Cindy Clerk
(¢o~p~or~te Seal)
Vi ce Mayor
ssioner
Sectionl. This Agreement is entered into by and between
the City of Boynton Beach, hereinafter referred to as the
"City," and the BoyntonBeach Association of Fire Fighters,
Local 1891, of the International Association of Fire
Fi§hte~s, hereinafter referred to as the "Union."
Section 2. It is the purpose of this Agreementto 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 stan-
dards of wages, hours and other conditions of employment.
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ARTICLE 1
Section 1. The City hereby r~cognizes the Union as thesole
and exclusiv for 9~! empl°yees'°f the Fire
~eputy Chief.
Training Fire Inspector..clerical
personnel~ ~and~other nen~fi~e~I~hting~membersI wh~ch:~ma~be
periodically activated or hired,;
Section 2. This recognition will be,for the purpose of
bargaining with the City with respect to wages, hours of
work, and alt other terms and conditions of employment.
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ARTICLE 2
DISCRIMINATION
The City agrees not to discriminate~against any employee for
his/her activity in behalf of, or membership in, the Union.
The City andUnion agree that there shall be no discrimina-
tion against any employee because of race, creed, religion
or sex.
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ARTICLE
Section 1.
and assessments in ~a~amount~certified to be current'by the
Treasurer of the'UniOn:from the pay of those employees who
ind~vidua!~y~equ~in writi~ng~at~suchd~duc~ions be
made. The total amount of deductions shall be remi%ted~
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 revocatipn of this authorization by the union
Treasurer. The Union will pay for this service in the form
of a lump sum payment of $42.00 per contract year.
Section 2. Any employee may revoke his/her dues deduction
by going to the Union Treasurer and requesting such. The
Union Treasurer shall notify the City's Finance Department.
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ARTICLE 4
'UNIO~BUSINESS
Section l. Up to two officers of the Union or their
designees shall be granted time off without loss of pay to
attendUnionfunctions, not to exceed eight-(8) shift days
per contract year, provided it does not affect the operation
of the Fire Department. One of the eight shift days (24
2 to 6 hour increments provided the
leave is approved by the shift officer(s) no later than the
preceding corresponding shift.
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ARTICLE 5
REPRESENTA~0N~/OFATHE ~UNTON
The membership of the Union shall be represented by the
Presidon~ of the union or by a'person or persons des'ignated
in
-union
of those bargainin~ unit members voting~the}question of
ratification.
tative 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 or
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 respon-
sibility of the Union to notify the City Manager in writing
of any change in the designation of the President or any
certified representative of the Union.
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ARTICLE 6
,REPRES~tTATION OF~%~r~ CITY
The City shall be represented by the City Manager or a per-
son 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 represen-
tatives 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 t~eir position or association with the City,
shall be deemed unauthorized and shall have,no authority or
weight in con,hitting or in any way obligating the City.
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Section i. The Union agrees that its members shall comply
with all including
conduct an~w0rki~erforma, nce,
s a fety
cient
ArticI~.
and
s~fe~ orderly and effi-
Sectien 3. A Committee on Rules andRegulations shall be
established for the Fire Department. ThisCommittee 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:
The Committee shall act in an advisory capacity in
promulgation of rules and regulations regarding the
direct service aspects of duty relating to fire
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prevention and combat and emergency medical ser-
vices performed by bargaining unit members.
Whenever the City changes work rules or issues new
work rules, the Committee will be gigen at least
fourteen (14) calendar days prior notice, absent
emergency, before the effective date. The
Committee shall meet and consider prospective rules
and regulations prior to any such rules andregula-
tions becoming effective and shall inform the Fire
Chief of the advisability ~f implementing these
rules and regulations. The Fire Chief retains the
ultimate authority to promulgate these rules and
regulations as he/she deems fit.
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.
Section 4. These rules and re~utations shall be enforced
by the Chief of the Department. Any disciplinary action
taken as a result of violations of said rules and regula-
tions shall be subject to the grievance provisions of
Article 33.
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AR?Z~ 8
section 1. All employees covered under this Agreement pre-
sently workiag a 40-hour w6rk week-shall work 40 hours per
week upon agreement between Fire Chief.
S~c~.lon ,~2. : Ail shift .empl~oyee~ ~covered under ~ this Agreement
shall· -~ .work a 48 hour iwork week~? i..e.;~24 hours on duty, 48
hou~s 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.
Section 3. It is agreed that neither the Union nor the City
will propose for negotiations a reduction or increase in the
48-hour work week for a two year period ending September
30, 1993.
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WORKING CONDITIONS
Fire fighters may be needed at any time of the day to fight
fires. 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 effec-
tiveness of their equipment and the conditions of that
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. ContinuQus training and equipment maintenance are
required to ensure that the desired optimum response effec-
tiveness is attained. The Union pledges to support and par-
ticipate in training, equipment maintenance and fire
prevention programs which have as their goal the increased
efficiency of the City's fire protection. To aid the mem-
bers of the Union in providing quality emergency services,
the City, in concert with the Union, agrees that the
employees will not be required to perform any task, not
related to the protection of life and property, other than
routine station maintenance. Routine station maintenance
shall be defined as any type of maintenance that is done on
a scheduled basis, such as window cleaning and cleaning of
kitchen, living facilities, vehicles and safety equipment.
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ARTICLE 10
Section .ix The~Oitysha!lsupply ~Fire Department personnel
with uniforms each contractyear provided'throug~ theware-
ho~s~ The issue_wil!includ~-~unif°rmshirts, uniform
pa~ts~, co~eral!s,::bat! ~a~s~T~s~!r~S~:~belt:~itk~buckle;
ment~ of Patches~i!!~app~,., P!ain %oed~ black,.s!afet¥
shoes, shoe mobilelalso will
be provided subjected'to-the bi~ provisions and recommen-
dations.
Uniforms, including sneakers, may be acquired on an "as
needed" basis through a "quarter-master" system with the
following being the general guidelines for quantities each
fiscal year:
1 ea. unifor~ shirts (Class A)
2 ea. uniform pants (Class A)
2 ea. coveralls
5 ea. T-shirts
1 ea. ball cap
1 ea. jabket
1 ea. pair of boots or safety shoes
2 ea. shorts.
1 ea. belt with buckle
Specialty patches as required
New employees shall receive the above listed allocation. To
obtain a replacement item, the employee must turn in the
item to be replaced. An employee may be allowed toreceive
more than the above listed amounts if the item has become
damaged in the line of duty. 10/10/91
Section 2. Ail fire fighting safety equipment, as deter-
mined by Fire Department re~ulations shall be furnished by
the City. The title to such equipment shall remain with the
City. If standards of fire fightin§ safety equipment
change, uponreplacement of existlngequipment, the replace-
ment .equipment will be National Fire Prevention~Association
(NFpA) recommended. If the Firefighterneeds a replacement
of fire fighting safety equipment, he/she shall submit such
to the Fire Department Safety Officer who shall make a
determination as to the 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 ~ime
the replacement item will arrive.
Section 3. The City shall arrange for the repair or repla-
cement of an employee's uniform, work clothing, prescription
optical aids, watchesor dentures which become damaged or
lost, through no fault of the employee, while the employee
is acting in the performance of his/her duties. The City
shall be exempt from payment for those amounts which are
paid by Worker's Compensation. The request for repair of
replacement must be submitted within three (3) months from
the date of the occurrence.
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ARTICLE -11
PHYSICAL EXAMS. &
Section~ ,t. The City s~all furnish ~la thorough 'physical % exa-
mination, including an EKG and chest~ X=ray, for each per-
manent member of ,the Fire Department, once every three years
or ~ ~he emp~0¥~ee~iis~s ~a-~y. Apartments~fOr~ ~-hese
with:the~empioyee~s onrd~ytime~and no~3ove~ime monies
~ill be authorized for this,. ;~The city shall pay~for this
annual examination only. A physical at least once every
three years is mandatory for all. members of the Bargaining
Unit. If employee wishes,-the employee may have a physical
in the third contract year only, with the cost to the City
not to exceed $300.
Section 2. 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 $100 yearly or total
of $300 maximum if taken as outlined in Section I above,
upon proper receipt. The member shall be responsible for
scheduling the appointment and forwarding the results to the
City to be included in the employee's personnel records.
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S~ction 3. The' City shall provide for any medical shots or
treatment needed for protection from cuts or exposure to
disease suffered in the line of duty~
Section 4. Immunization
The City shall provide an in~nunization schedule
during thelife of thisAgreement for any members
who want to beimmunized, forthe following:
Hepatitis - (Type B)
Members who refuse to be immunized for Hepatitis-B
and who later contract that disease shall not be
presumgd to have contracted the disease while on
duty.
Section 5. It shall be incumbent upon the City to notify
the employee when documentation exists that the employee was
exposed to a communicable disease in the line of duty only
after such documentation is brought to the attention of the
City. It shall be presumed insuch a case that if the
employee contracts a communicable disease in the line of
duty, where documentation exists of the employee.s exposure
to that disease, then the employee contracted that disease
while on duty, except as stated in Article 11, Section 4B.
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GROUP
Section 1. Medical'Insurance: The c~st ~fall insurance
premiums for the
be
· ~ag.e,~ cu=r. ently ~int, effe~'~Shati not be
reduced,. ,.~ At~i pOt!cies' shatl~ l~e :reviewed ~arinually.
Section 2. Life Insurance: Members ofthe bargaining unit
shall~be.cove=ed by $,10,000 of group life insurance, with
thepremium paid by the City.
Section 3. Den~al Insurance: The City will pay the premium
for the employees and $7.00 of the premium for family
coverage
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ARTICLE 15
OPERATOR'S INSURANCE
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.
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ARTICLE 14
WAGES
Section 1. Wages for the~fiscal year 1991/92~will be frozen
at the i990/91 level with no cost of living adjustment
IC.O.L.A.) provided.
' ;Section'2-'~Due~to-:budgetar~ constraints,~ no~utbm~ 5%
step plan increase shall be authorized for, fiscaI
1991/92.
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ARTICLE
OVERTIME AND CALL BACK
Section 1. Call~ Back: Call back is~efi~ed as any time an
employee is called into work when the employee is off duty.
or when the work time is not contiguous with the employee,s
assigned shift. In the event of call back~ theemployee
shall be paid for the actual time worked but not less than
two (2) hours at a rate of pay one and one-half (1 1/2) times
the employee's basic hourly rate as reflected on the pay
schedule in Appendix A. The procedure for'"Call Back" will
be in accordance with the Rules and Regulation Committee,s
guidelines. Th~ Chief can waive the above provisions if
he/she believes the situation warrants.
Section 2. Overtime: Overtime is defined as any time an
employee is required to stay longer than his/her assigned 24-
hour shift by his/her supervisor. Overtime shall be paid at
the rate of one and one-half (1 1/2) times the employee,s
basic hourly rate as reflected on the pay schedule in
Appendix A. Employees who are in a duty status for seven
(7) minutes or less either before their shift or after their
shift will not be eligible for overtime pay. Employees who
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are in a duty status for eight (8) minutes or more either
before their shift or after their shift must be so only with
for
overtime~pay atthe overtime rate. With_all~6ver~ime calcu-
lated ~at the rate ofone and one-half (i 1J2) times the
employee's, basic .hourly rate as reflected on the pay sche-
dule i~cthe.~-Appendix.
Section 3. Employeeswhoare renewing certificates, i.e.,
EMT, driver's license, etc., not required by the Chief or
or who are attending classes not required
by the Chief or his/her designee, will not be compensated.
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ARTICLE 16
EXCHANGE TIME
Section I. Employees covered by this'Agreement mayexchange
their working shift or shifts and exchange their off-duty
dayor days with other employees regardless of their rank or
Position. The officer in charge of the shift or shifts, of
the employees who are exchanging time, shall not permit the
exchange if it affects the normal operation of work, if call
back is required, or if step-up time is required. Exchange
time shall require at least 24 hours notice to the shift
officers, except in a case of an emegency to the employee
when the exchange of that employeedoes not affect the nor-
mal operation of that shift.
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disabilityshal!
th~ employee~has~.accumulated~,hours. Employees Covered under
emplo~n~. ~and ~ghall .continUe to do- so~ as len · s the a
¢~p~oye0'~¢,, Employees who ha~e:~mOrethan, twohundred:fot%y
(2&0), hours.of s%¢k, leave as, of'April 1, of ~the~current
may convert 50% of the excess over two
hundred forty (240),hours to a cash straight time'payment
or transfer sick leave time to vacation leave time at a rate
of one sick leave day to one vacation day or any combination
of cash payment and vacation leave, both conversions not to
exceed one hundred (100) sick leave hours in this contract
year. Those hours over two hundred forty (240) hours not
converted in-this contract year may be converted in the next
contract year at a maximum of 100 hours per year. Payment
for this option will be issued in May of the corresponding
contract year. The provisions of this section will be fro-
zen and mot be applicable to Fiscal Year 1991/1992.
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Section 2. Unused sick leave shall be compensated at the
rate of one-half (~) the total number of hours accumulated
not taken, upon termination or retirement.
Section 3. Be§inning October 1,~ 1991, for every consecutive
twelve-month period elapsing since the employee,s last sick
occurrence, the employee shall receive 12 hours vacation
time. The employee shall,~e~ponsi~e for requesting
within-sixty (60) days of the end of the twelve month period
that the time be added to his/her vacation.
Section 4. Employees covered under this agreement will be
required to provide a doctor's certificate if they are
absent and take sick leave for more than two (2) continuous
as provided in the Civil
shift days instead of three (3)
Service rules.
~ection 5. Sharing Sick Leave
A.
It shall be the policy of the City to permit an
employee the opportunity of donating accrued sick
leave time to a designated employee whenever
extraordinary circumstances require the designated
employee to be absent from work for a lengthly
period of time, and when the employee has exhausted
all accrued sick/vacation leave.
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B. Extraordinary circumstances shall be defined as
lengthy hospitalization;critical' ' illness,' or injury.' '
leave -
in
prepare a list Of barga~inq unit members who are
willing ko contribute ~ck leavehours, co~firm
~h~oug~the' FinanceDepa~tment ~.a~-~hoursa~e
available and submit the list to. the Personnel
Office for proper:charge-to sick leave records.
Time used will be used in 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 theemployee; therefore, donated
sick leave will not be coun~ced against an
employee's sick leave record.
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ARTICLE 18
COMPASSIONATE LEAVE
In the event of a death of a family member the employee
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 begranted two (2) shift days leave on days
of the employee's choosing within two weeks of the death, if
out of state travel is required. "Family" is defined as
spouse, mother, father, foster parents, mother-in-law,
father-in-law, grandparents~'~br~t~er, sis:ter, son or
daughter, verification of the death must be supplied to the
City Personnel Office.
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ARTICLE 19
VACATION
Section 1. All members of the Fire bepa~tment covered
this Agreement, if assigned to a 24-hour shift, shall
receive the equivai~t of six (6) shift days (144 hours)
per year vacation. 'Each,.shift member Of the Pire
2~ ~0ur shift
fdr ~ac~fou~
days/I/ddr~ C~edited~per ~
year shall not
6th Year of'service unless amended.
picked on a seniority
of 24 KOurs--oh% shift at a time.
Section 2. For special "one time~' kind of events, employees
will be allowed to accumulate more than {wo 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 mon=hs prior to his/her 12-shift
day maximum for approval to extend the 12 days to 14.
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ARTICLE 20
PERSONAL TIME
Section 1. Any employee.covered by this Agreement shall be
able to use his/her vacation time, in two to six hour incre-
ments, for personal reasons while on duty,.
Section 2, This privilege shall be available only when such
use shall not be detrimental to the efficient operation of
the Fire Department as determined by the Chief or his/her
designee.
Section 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.
Section 4. 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 a whole day. Seniority will
therefore not be a factor in granting personal time and no
grievance procedures will be available to any employee.
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Section 1.
New
ARTICLE 21
HOLIDAYS
The following d',,ays~atl be considered holidays:
Day
follows
Thanksgiving, Christmas Day~ ar~ =hristmas Eve. My addi~
,~tion~alhe~i~ays dec~a~ed~b~the C!ty. shall~be~.,add~d¥%~ttfe
aboue list. ~y ~pl0yeecove~ed by kh~fs,~eeme~t~i~.pay
status, at the time the holiday occurs, if assigned to a
24-hour shift, shall receive 12-h~rs pay for eac~ holiday.
Forty hour members will follow the holiday schedule for all
non union employees.
Section 2. If an employee covered by thisAgreement wishes,
the employee may receive the above (Section I) 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 Department, the first week
of the current contract, a form as 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 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.
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Newly hired employees to the Fire Department shall have one
week from date of employment to sign up for %he holiday pay
option. The holidaypay will be prorated_based on the
number of holidays remaining in the contract year.
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ARTICLE 22
COURTTIME~',~ _
Any employee covered bythisAgreement who'is summoned to
appear as a witness, while off duty. as a result of his/her
emp%oyment as a member of the. Fire, Department, willbe paid
for his/her court time at the-rate-of3one and
times his/her current hourly rate, excluding travel time, pro-
vided the Fire Chief is given prior notificationso that the
Chief has the opportunity to schedule.such appearance during
regular duty hours. The employee~will receive a minimum of
two (2) hours p~y, and the employee shall return all fees
received from the court to the City, only if off duty.
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ARTICLE 2~
WORKIN~ OUT OF CLASSIFICATION
Section 1, Any-e~loyee covered by this Agreement, who is
assigned and accepts the duties and/or responsibilities efa
rank 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 the pay step which that employee
normally hoids. The internal ranking of Firefighter I, II,
and III shall be considered as one classification
(Firefighter) only for purposes of this Article. Pay for
such an employee working out of classification will commence
upon the 4th occurrence of such action.
Section 2. 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 in charge shall make official notification to
the acting party. This notification shall be logged as part
of daily permanent records.
Section 3. These assignments will not be changed so as to
intentionally avoid payment.
10/10/91
ARTICLE 24
Section. 1. Ail employees covered-by this Agreement shall be
permitted to attend scho9!~ .~ cla~sses while, on duty., using
a ~mi~imum of two (~) hours vacation time~, using personal
the sducation required for ~dvancementor the.
skills, and knowledge, provided that suchleave wil~ no=.
reduce the.manpower of any shift below acceptable
determined
leave will be on a rotating basis.
as
Such
Section 2. 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.
Section 3. 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 each
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employee will have the opportunity to request the class or
classes of his/her choice. Those attending shall be entitled
to travel pay ih a~cordance with City policy. Each employee
shallhave an opportunity to attend once before another is
sent twice. If more than twenty per cent (20%) of %he mem-
bers wish to attend these classes, the Chief shall decide
who will be sent with due regard to the provisions of this
section.
Section 4. Employees will be allowed to use on-duty time,
without loss of vacation time, for classes necessary ~o
remain certified in their current classification, or for
classes required by the City.
10/10/91
ARTICLE 25
EDUCATIONA~
Fire Department Employees cOvered:~y this~Agreement Will be
eligible for a monthtye~uca~onincentive payment,not to
be greater than $130 per. month when the
Deve~opmen~and~F~uc~t±on LeYels~arecompleted:
Fire Science Courses
offered at Palm BeachJunior College in the Fire Science
curriculum, or
the Committee 'to'be equal, will qualify an employee for a
monthly Career Development payment, if the employee obtains
a Grade of '"C" or better, according to the following
schedule:
a. Completion of 2 courses (1 block) or 96 hours
$20 per month
b. Completion of 4 courses (2 blocks) or 192 hours
$40 per month
c. Completion of 6 courses (3 blocks) or 288 hours
$60 per month
d. Completion of 8 courses (4 blocks) or 384 hours
$80 per month
$80 per month is the maximum to be paid as a part of the
Career Development Program. Any similar program funded,
offered, mandated, etc. by the State of Florida will be
substituted for this program as much as is feasible., but
the benefit of the two programs combined will provide
payment in accordance with the above schedule.
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Section 2. Educational Support:
a. An employee with a degree as follows:
Associate of Arts
Associate of Science
Associate of Fire Science
Associate of Paramedic Science
will be eligible for a $30 per month Educational Support
payment after he/she has completed 6 courses (3 blocks) or
288 hours as outlined in the Career Development Program in
Section 1. Any similar program funded,'offered, mandated,
etc. by the State of Florida will be substituted for this
EducationalSupbort Program as much as is feasible, but the
benefit of the two programs combined will provide payment
in accordance with the above schedule.
b. An employee with
a degree as follows:
Master of Science
Ph.D
Bachelor of Arts
Bachelor of Science
Master of Arts
in a field or specialty deemed appropriate for Fire
Department Employees will be eligible for an $80 per month
Educational Support payment after he/she has completed 6
courses (3 blocks) or 288 hours as outlined in the Career
Development Program in Section 1. Any similar program
funded, offered, mandated, etc. by the State of Florida will
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be substituted
as is feasible,
will provide payment in eccardance, with~.~he~a~oue schedule.
Section 3. · When combining the monthly payments earned for
the Career Development and Educational suPPort Programs,
well as education
for this Educational Support Program as much
but the benefit of%he two programs combined
rules
vide for benef:i-t~"~'eXC~ of~ ~i30 Per month.
Section 4. It shal~ be the individual employee's respon-
sibility to.proVide proof of coursecompletion to the
Personnel Department.
pro~ram pro-
Section 5. Costs for tuition and books may be prepaid by
the City, however~ that money must be repaidbefore
receiving any Educational Incentive payment or; if the ~rade
obtained is lower than a "C", the amount will be withheld
from regular pay over a period of several weeks.
Section 6. A committee to review the validity of courses
for this Education Incentive Program will consist of the
City Manager, Personnel Director, Fire Chief and two persons
specified by the Union.
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Section7. Payments for the Education Incentive Program
will begin with the first pay period that follows completely
in the month following the receipt, by the personnel
Department from the employee, of college reports that
substantiate %he completion of courses that have been taken
or the degrees awarded that support the amount of the
payment earned.
10/10/91
ARTICLE 26
EMERGENCY MEDICAL TECHNICIAN
Section 1~ EmploY?es currently ~oldi~g a valid and current
EMT-I certificate in accgrdan~e ~ith the ~Flor~ida Statutes
will r~ceive ~ o~e step (5%} pay iRcrease over their base
pay (.assigned grade and s~ep) dU~ing the period of t~e .they
are certified~ according to-the Florida Statutes. Each
member must submit to the Personnel Department a dated copy
of his/her certificate showing the-expiration date.
Section 2. Employees holding a valid and current Paramedic
certificate in ~ccordance with the Florida Statutes and per-
forms Paramedic duties assigned by the Fire Chief and the
Medical Director will receive a four (4) step (20%) pay
increase over their base pay (assigned grade and step).
Section 3. Employees holding a valid and current Paramedic
certificate in accordance with the Florida Statues who could
perform 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
Fire Chief, will receive a one step (5%)
their base pay (assigned grade and step)
Paramedics by the
pay increase over
during that period
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of time they are certified~but l~active. If for any reason,-
an employee is called upon to perform as a Paramedic during
this inactive p~rfod, he/she will receive an additional 3
step (I5~ pay increase for a total of 20%over their base
pay (assigned grade and step) for the day or days worked.
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The~Cit¥ Shall pay the fee. for any 1TcenSe required by the
State or City, such as EMT renewals 0r certificateS, but
excluding drivers' licenses.
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ARTICLE 28
SENIORITY LIST
Section 1. The Fire Department shall-establish a seniority
list and it shall be brought up to date on January first of
each year. Such lists shall be posted thereafter on the
bulletin board ateach Fire Station, and shall be considered
correct unless objection is raised within thirty days of the
posting. After thirty days, it shall stand approved, less
those exceptions made.
Section 2. Employee's seniority is established from the
date of continugus employment by the Boynton Beach Fire
Department. 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.
Section $. Lay-offs and manpower cut-backs shall be deter-
mined by the seniority list. The lowest on the seniority
list will be dismissed first and so on up the list.
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ARTICLE 29
within the certified bargaining unit will be filled in
accordance~with
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ARTICLE 30
REF~R~NCEMATERIALS
The City shall provide one copy, at each station, of all
reference materialsfor promotional examinations at the
posting of notification. These reference~ma%erials shall
remain in the Fire Station.
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ARTICLE ~1
The City shall furnish at each fire station space forbulle-
tin boards for the purpose of Unionnetices. Any notice or
item placed on the bulletin board shai1 bear on itm~face the
such notice or i~em on the board. A 2' x 3'~ or 3' x 4'
space is hereby approved. The Union is to supply the bulle-
tin boards.
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ARTICLE 32
Section 1. 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.
Section 2. 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 tothe
Secretary of the Union.
Section 3. Whe~ a policy manual is completed and placed
into effect, Sections 2 and 3 of this Article shall be deleted.
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ARTICLE 33
GRI'EV~N~ ~'.PROCEDURE _
Section 1. A grievance
of a provision of '
are not grievances
is ~fined as an alleged violation
Issues or disputes which
shail.aOt be subject to
arb~a~ti~i.~ bu~,,ma¥ b~P~0~es.sed~,~.thro~gh~thegrie~aace~pro-
cedure. ~rievances~shall,be~settled~in~t~he fo~lowing~m~n-
ner:
Step 1. (6)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. For the purpose of this step and when
the occurrence which gives rise to the grievance involves
disciplinary actiO~, the six (6) days referred to herein
shall be calculated from the date the employee who was sub-
ject to the disciplinary action receives a copy of the
Notice of Disciplinary Action.
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Step 2. If a grievance does exist, the Committee shall
within fifteen (15) days of the event giving rise to the
grievance, with~t~e physical presence of the aggrieved
employee, present the grievance to the Chief of the F~ire
Department for adjustment.
Step 3-~- If the grievance has not been settled within eight
(8) days from the date of submission to the Chief, the
grievance may then be submitted to the City Manager for
adjustment.
Step 4. If the grievance has not been settled within twelve
(12) days from the date of submission~o the City Manager,
the grievance may then be submitted to arbitration.
Step 5. If the grievance has no% 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 twelve
(12) 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)
days, an arbitrator from a list provided by the Federal
Mediation and Conciliation Service shall be used. The par-
ties 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
10/10/91
grievance as defined in this Agreement. The arbitrator
shall have no authority to add to, subtract from, modify or
alter this,~g~e~ment, or amy~art~thereof or'any ameadme~t
is:contemplated~hat,,the~Ci~y,and the Union
shall mutually agree in writing as~to~thestatementof the
matter to be arbitrated prior to the hearing, and if this is
done,
of the pa~ties to so agree
be submitted, the arbitrator will confine his/her con~
sideration to the written statem~t or'the ~ pre-
sented in Step 2 of the Grievance Procedure.
shall bear the expense own
representatives.
The parties shall bear equally the expense of the arbitra-
tor. The party desiring a transcript ofthe hearing will
bear the cost. Copies of the arbitrator's award shall be
furnished to both parties within thirty (30) days of the
hea~ing.
e~ent of the ~ailure
Section 2. An employee has the option of Utilizing the
Civil Service Appeal Procedure or this grievance procedure,
but the employee cannot use both.
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Section 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 ~ond/tions of
employment. This article is not intended to provide for
"interest" arbitration.
Section 4.
regardless of the shift days worked. Ifthe last day for a
response falls on a Saturday, Sunday, or legal holiday, the
response is due the next business day.
Section 5. The time limitations set forth ih this Article
cannot be waive~ or extended except by the written consent
of both the President of the Union or his/her designee or
his/her City Manager or his/her designee. Failure of the
grievant or his/her representative to timely pursue the
grievance shall be deemed a withdrawal, with prejudice of
the grievance. Failure of the Fire Chief or City Manager to
timely respond to the grievance shall be deemed a denial of
the grievance, effective the last day allowed for a
response. Failure of the Union. Grievance Committee to
timely make a determination shall constitute an opinion that
no grievance exists and no further action shall be required.
10/10/91
ARTICLE $4
Ail Job rights andbenefits heretofore authorized or per-
mitted by the City Manager or Fire Chief and continuously
continue~in.full force,and effect for the term.of~this
Agreement.
Agreement, this Agreementsheuld not be construed to deprive
any employee of benefit gl by the Laws
of the State of Florida or OrdinanCes and Resolutions of the
City of Boynton Beach in effectlat the time of the execution
of this Agreement. ~, however, no~hing in this
Agreement shall obligate the City.to continue practices or
methods which are unlawful or unsafe.
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ARTICI~ 35
SAVIIqC~ CLAUSE
If any provisionof this Agreement, or-the application of
such provision, shouldbe rendered or declared invalid by
any court action or by reason of any existing or sub-
sequentl¥ enacted-legislation, the remaining provisions of
this Agreement shall remain in full force and effect.
10/10/91
AR?ICLE 36
All appendices, amendments an~ additions, to this~ Agreement
shall be, numbered or let%erex~;
responsible parties, and shall be ~s~bject to all other pro-
visigoths ~f, t~his ~ee~ent(. r
10/10/91
ARTICLE 37
SUCCESSORS
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 orchanged in any respect whatsoever by any change
of any kind in the ownership or management of either party
hereto.
10/10/91
AE~ZCT.,E 38
F~RE ~, INSPECTORS
Section 1, The Cityshai1 prov.ide twelve (12) authorized
positions for shif~ personne~certifie~by the state.and
assigned bythe Chief the inspector.~
a~y~ emp!oyee~ except, F~,re~ ~officers~. :- ~an~ement
and~FirePrevention Officer IIshallestablish minimum goals
and standards to be met by shift personnel assigned as Fire
Inspectors. The original twelve (12) positions shall be the
Inspectors certSfied and receiving a 5% pay differential as
of July 1, 1991. If an assigned Inspector fails to perform,
he/she shall be reassignedand another shift personnel shall
be assigned the additional duties as Fire Inspector.
Section 2. A waiting list shall be kept as to the seniority
of the date of state certification and seniority in the
employ of the Fire Department.
Section 3. Any employee who is assigned the additional
duties as Fire Inspector shall receive an additional one
step (approximately 5%) pay increase over 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 o~ the date of reassignment.
10/10/91
A~TICLE 39
DURATION
This Contract shall be in force and effect for a two year'
term from October 1, 1991, through September 30, 1993, and
for succeeding periods of twelve (12) months, unless either
party shall notify the other in writing, not prior to April
1, 1992 norlater than May 1, 1992, expressing a desire to
negotiate a new contract. For Fiscal Year 92/93, the only
articles open for ~egotiations by either party shall be
Article 14, Wages; Article 17, Sick Leave; and Article 19,
Vacation. Upon receipt of such notification 'the, parties
shall arrange to meet promptly and regularly for the purpose
of negotiating a new contract and only those items included
in the noUices shall be subject to negotiation. If all
issues are not resolved by September 30, this Contract shall
remain in force and effect until all issues have been
resolved in accordance with Chapter 447, Part II, Florida
Statutes.
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Section 1.
and direct, the Var~
Acc~!~gl¥;
ARTICLE 40
MANAGEME}Vf RIGHTS
unit~employees
timita-
ion
u~its~ of~
not ~he
shall remain witl'~ the City.
Section~ 2. The ~ity~ Comm~ssioa has the sole authority-to
determine the purpose and mission
of budget to be adopted.
of the City and the amount
Section 3. 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 practical and further pro-
vided that wage rates and monetary fringe benefits shall not
be suspended.
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Agreed to this day of
199t~by and between the respective parties through the
authorized representatives of the Union and the City.
BOYNTON BEACH ASSOCIATION OF
FIRE FIGHTERS, LOCAL 1891:
Witness
By
President
witness
Secretary
CITY OF BOYNTON BEACH:
By
Witness Mayor
ATTEST:
Witness
City Clerk
Approved as to Form and Correctness:
City Manager
City Attorney
1991/93