AGREEMENT WITH INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS
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AGREEMENT BETWEEN
THE
CITY OF CLEARWATER
AND
.
THE INlERNATIONAL ASSOCIATION
OF FIRE FIGHTERS AFL-CIO,
LOCAL NO. 1158
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TABLE OF CONTENTS
Article Title Page
Preamble
ARTICLE I Recognition . . . . . . . . . . . . . 1
ARTICLE II City's Management Rights . . . . 2
ARTICLE III No Strike . . . . . . . . . . 4
ARTICLE IV Grievance and Arbitration . . . . 5
ARTICLE V Bulletin Boards, . . . . . . . . . . 9
ARTICLE VI Representatives of Parties . . . 10
ARTICLE VII No Discrimination . . . . . . . . . 11
ARTICLE VIII Wages . . . . . . . . . . . . . . 12
ARTICLE IX Holidays . . . . . . . . . . . . 13
ARTICLE X Vacations . . . . . . . . . . . 15
ARTICLE XI Civil Service . . . . . . . 16
ARTICLE XII Check-Off . . . . . . . . . . . 17
ARTICLE XIII Stewards . . . . . . . 18
ARTICLE XIV Posting of Agreement . . . . . . . , 19
ARTICLE XV Work Schedules . . . . . . . 20
ARTICLE XVI Work Rules . . . . . . . . . 23
ARTICLE XVII Seniority and Lay-Offs . . . 24 .
ARTICLE XVIII Prevailing Rights . . . . . . 25
ARTICLE XIX Line of Duty Injury Pay . . . . . . 26
ARTICLE XX Leaves of Absence . . . . . . . . 29
ARTICLE XXI Miscellaneous . . . . . . . . . . . 30
ARTICLE XXII Guaranteed Improvements . . . . . 32
ARTICLE XXIII Physical Examinations . . . . 33
. ARTICLE XXIV Safety Equipment . . . 3L~
ARTICLE XXV Amendments . . . . . . 35
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Article
ARTICLE XXVI
ARTICLE XXVII
ARTICLE XXVIII
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Title
Severability or Waiver
Contract Constitutes Entire
Agreement of the Parties . . . . . .
Duration, Modifica-
tion and Termination
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Pi!E.(~
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PEEM'1l)LE
This Agreement is ente~ed into by the City of Clearwater,
Florida. hereinafter referred to as the "City" and Local 1158
of The In~erpational Association of Fire Fighters AFL-CIO.
hereinafter referred to as the "Union". for the purpose of
promoting harmonious relations between the City and the
Union. to establish an orderly and peaceful procedure to
settle differences which might arise. and to set forth the
basic and full agreement between the parties concerning
wages, rates of pay, and all other terms and conditions of
employment.
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ARTlr:LE I
RECOGNITION
Section 1. The City recognizes the Union as the exclu-
sive bargqintng representative in accordance with Chapter 447,
Florida Statutes, as amended, effective January 1, 1975, for
the following agreed upon bargaining unit:
FIREFIGHTERS
All Firefighters, Fire Lieutenants, Fire Inspectors,
but shall exclude all persons holding the rank of Fire
Chief, Assistant Fire Chief, Fire Captain, Fire Marshall and
such other managerial employees as may be employed by the
City, and shall additionally exclude all Fire Alarm Dispatchers
and Fire Apparatus and Equipment Mechanics, clerical employees
and professional employees.
Section 2. Should ,the City establish new job classifica-
tions within the fire Department \vhich are not of a managerial
nature, the City shall, not less than thirty (30) days prior
tn staffing such classification, provide notice to the Union
of the establishment of such classification and, if requested,
bargain with the Union concerning wage rates and hours of
employment for such classification.
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ARTICLE II
CITY'S NANAGEt1ENT RIGHTS
Section 1. Except as expressly limited by any provision
of this Agr~ement, the City reserves and retains exclusively
all of its normal and inherent rights with respect to the
management of its operations, whether exercised or not,
including, but not limited to, its rights to determine, and
from time to time redetermine, the number, location and type
of its various operations, functions and services; the
methods, procedures and policies to be employed; to discon-
tinue the conduct of any operation, function or services,
in whole or in part; to transfer its operations, functions
or services from or to either in whole or in part to any of
its departments or other divisions; to select and direct the
working force in accordance wi,th requirements determined by
the City; to create, modify or discontinue job classifi-
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cations; to establish and change working rules and regulations;
to establish and change work schedules and assignments; to
transfer, promote or demote employees; to lay-off, furlough,
terminate or otherwise relieve employees from work for lack
of work, lack of funds, or other legitimate reasQn; to
suspend, discharge or otherwise discipline employees for
proper cause; to alter or vary past practices and otherwise
to take such measures as the City may determine to be neces-
sary to the orderly and efficient operation of its various
operations, functions and services.
Section 2. If in the sole discretion of the City
Manager it is determined that civil emergency condition~)
exist, including, but not limited to, rj.ots, civil disorders,
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hurric;me conditions, or ~~illlilar caLl[; trophies or dis()rder~;,
the provis ions of this Ar,reernen L Illay be suspended by the
City Manager during the time of the declared emergency,
provided ~ha~ wage rates and other direct monetary payments
shall not be suspended.
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A lefT CLI':L r!
NO STJUKE
Sectil)Il :I.
The Union agrees th:;,t duri.ng tlv_~ term of
this Agreement it shall not 'authorize, instigate, condon(~.
excuse, ratify, support or acquiesce in any strike, slow-
down, sit-clmvn., picketing, ';<70rk stoppage or any oLLer ac,~ of
like or sinilar nature likely to interfere Hith tb2 effi,-
cient operation of the City's affairs engaged in or sup-
ported by members of the Union and/or employees represented
by the Union or other agents or representatives of the Union
or its affiliates.
Section 2.
Should the Union or a majority of the
employees covered hereunder within the City's Fire Department
breach this article, the Union agrees that this Agreement
shall be null and void; that the City may lawfully withdraw
recognition from the Union; that the Union or its affiliates
shall irrevocably waive, for a period of five (5) years from
such breach, any risht to represent employees of the City,
that the Union shall expel from membership any person com-'
mitting such acts as described above; that the City may
proceed to the appropriate court and, without notice, obtain
an injunction against such breach; that the City may recover
from the Union or its successor in interest, such damages as
may be incurred, together with punitive damages and attorney's
fees; and that the City m~l take any other action authorized
or required by 1m.;.
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ARTICLE IV
GRIEVANCE PROCEDURE
Section 1.
A grievance shall be defined as any differ-
ence, dispute or complaint regarding the interpretation or
application of the terms of this Agreement.
Section 2. All grievances filed shall refer to the
specific section of this Agreement upon which the grievance
is based and shall contain a concise statement of the facts
alleged to support the grievance. Grievances shall be
processed in accordance with the following procedure and
shall be determined by application of the terms of this
Agreement, the laws of the United States, the State of
FloridaJ and the Charter and Ordinances of ,the City of
Clearwater.
Step 1.
The aggrieved employee shall present orally
or in writing his grievance to his Captain
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within three (3) calendar days of the occur-
rence of the matter giving rise to t4e griev-
ance. The aggrieved employee may request
that a Union representative be present.
Discussions will be informal for the purpose
of settling differences in the simplest and
most direct manner. The Captain shall reach
a decision and communicate it orally or in
writing to the aggrieved employee within
two (2) calendar days from th2 date the
grievance was presented to him.
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If the grievance is not settl~d in the first
step the al~iJ,Licved employee, within t,vo (2)
calendar eLly:; of tl1 (~ (h te of the an~-;\tlcr l,n
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Step 3.
Step L~.
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the first: step, shall reduce the gri.evance to
writing, sign it and present it to the Assist-
ant Chief or his designee. The Assistant
Chief or his 'designee shall obtain the facts
concerning the alleged grievance and shall,
within five (5) calendar days of receipt of
the written grievance, meet with the aggrieved
employee. The aggrieved employee may be
accompanied at this meeting by a Union repre-
sentative. The Assistant Chief or. his designee
shall notify the aggrieved employee of his
decision not later than two (2) calendar days
following the meeting date. .
If the grievance is not settled at the second
step, the aggrieved employee, within three (3)
calendar days of the date of notification
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from the Assistant Chief or his designee
shall present the written grievance to the
Fire Chief. The Fire Chief shall obtain the
facts concenling the alleged grievance and
shall, within three (3) calendar days follO\'1-
ing receipt of the written grievance, meet
with the aggrieved employee. The aggrieved
employee may be accompanted at this meeting
by a Union representative. The Fire Chief
shall notify the aggrieved employee of his
decision not later than three (3) calendar
days following the meeting date.
If still unresolved, the grievance and all
responses [ill. 11 be ~;ubmitt(~d to the City
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1'iJnager or LlS ucslgnc:c. \"i1.llnn ~J.ve ,)
calendar days, the,City Manager shall notify
the employee, in writing, of his decision.
Section 3. In the event that the grievance is unresolved,
the matter shall be submitted.to final and binding arbitration
in the manner provided herein.
Section 4. Arbitration.
A. Within five (5) days from the receipt of the
decision of the City Manager, the party requesting to arbi-
trate the controversy shall give written notice to the other
and shall at the same time request a list of five (5) arbi-
trators from the Federal Mediation & Conciliation Service.
B. Within forty-eight (48) hours after receipt
of the list of arbitrators, the Union and the City shall
meet and each strike two (2) names therefrom, the remaining
name shall designate the arbitrator.
C. As promptly as can be arranged, the arbitra-
tion hearing shall be held and within fifteen (15) days
thereafter, the arbitrator shall render his decision. The
arbitrator, in rendering his decision, shall confine his
decision to the controversy in question and he shall not
have the authority to add to, take away from, alter or amend
any provision of this Agreement.
D. The decision of the arb~trator, insofar as it
is in conformance ,"vi th paragraph C hereinabove, shall be
final and biriding on both parties.
E. The expense of the arbitrator shall be borne
equally by both parties, except that if either side desires
a Hritten transcript such side shall bear the costs thcccof.
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F. The timo liIliits contained heLein may b(~
extended by the mutual written consent of the parties.
Section 5. Notning contained herein shall prohibit the
employees from utilizing the civil service grievance machin-
ery, except that once an employee proceeds according to the
steps in this Agreement he shall not thereafter have access
to civil service for the resolution of the grievance involved.
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1\RTICU': v
BULLETIN BOARDS
The City agrees to provide space on bulletin boards at
each Fire Station for posting by the Union of notices of
meetings or other official Union information; provided, the
Assistant Chief or his relief shall first review such post-
ing, and if found to be outside of the scope of this Article,
such posting shall be modified to the mutual agreement of
the parties.
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ARTICLE VI.
REPRESENTATIVES' OF PARTIES
Section 1. The tity agrees that during the term of
this Agreement it will deal 'only with the authorized repre-
sentatives of the Union in matters requiring the mutual
consent or other official action called for by this Agree-
ment. The Union agrees to notify the City of the name of
such authorized representatives as of the execution of this
Agreement and replacement therefor during the term of this
Agreement.
Section 2. The Union likewise agrees that during the
term of this Agreement tl'e Union and the employees covered
hereunder shall deal only with the City Manager or his
representative in matters requiring mutual consent or other
official action during the term of this Agreement and specif-
ically the Union agrees that neither the Union nor the r
employees hereunder shall seel~ to involve the City's elected
officials in the administration of this Agreement or other-
wise in the operation of the City's Fire Department:
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AR'l'TCLE VII
NO DISCRIMT I.~^TION
The City and the Union specifically agree that the
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provisions of this Agreement shall be equall~ applicable to
all en~loyees covered herein witho~t regard to race. color.
religion, creed, sex, national origin, membership or non-
membership in labor organization or age, as provided by 1mV'.
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AR TICLE VIII
W ACE S
Section 1. Basic Wage rates for the term of this Agreement
shall be as follows, stated on a bi-weekly basis:
Steps Firefighter
1 . 361. 10
2 379.50
3 397. ~O
4 418.60
5 439.30
6 461. 15
7 472.65
8 484. 15
9 497.95
Fire
Lieutenant
Fire Preven-
tion "Inspector
509.45. 509.45
534.75 534.75
563.50 563.50
576.'15 576. 15
591.10. 591.'10.
606.05 606.05
Section 2. In addition to the rates above, the attitional factors
for compensation as provided in the pay plan shall prevail..
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AlZTICLE IX
HOLIDAYS
Section 1.
The 'following holidays shall be observed:
No"^, Year's Day
Nemorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Christmas Day
The above listed holidays will be paid according to the
current practice.
Section 2. In addition to the hclidays listed in
Section 1, each employee may receive t'HO additional "float-
ing" holidays. For such floating holidays the employee
shall receive his regular rate of pay for such day if he
does not work that day, but shall not receive additional
compensation. Neither the holidays listed in Section 1, nor
any day for which an employee is not scheduled to work, may
be designated as a floating holiday.
Section 3. The selection of floating holidays shall
follow a minimum of one week's notice of the employee's
request and with the premission of the Department, which
permission shall not be arbitrarily \-lithheld. The Union
agrees to supply the Department a list, not later than
February 1, ihowing the desired dates for floating holidays
of employees \Vho have m3dc~ their decisions a~; to Hhich days
shall be their floating holiday~;. Euployces \vhos(~ n;:1lTlc~S
appear on such list shall be given preference in the sc'll'c-
tion of days ()v(~r cmrloy(~cs not: un ~~uch lL; t. In C(1:,(' more
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than one C'mployee on such list requests a p,-lrticular day ;md
the Department determines that both may not be off on that
particular day, the senior employee shall be given prefer-
ence.
Section 4. If the employee chooses not to take a
floating holiday he shall receive 11.2 hours of pay in lieu
thereof payable prior to December 31, 1975.
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ARTICLE X
VACATIONS
Section 1. Employees on the 56-hour schedule shall
accrue paid vacation as follows:
1 - 3 years: 6 duty days
4 - 6 years: 7 duty days
7 - 14 years: 8 duty days
15 - 17 years: 9 duty days
18 - 19 years: io duty days
20 - over years: 11 duty days
Section 2. If a holiday occurs during a vacation
period, the employee shall receive holiday pay at the current
rate.
Section 3. The scheduling of vacation shall be in
accordance \vith seniority and with the consent of the Depart-
men t .
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Section 4. Employees becoming sick or having a death
in the family while on vacation may use sick time or death
leave for such period of illness or death providing'the
employee calls the City to notify such change of time. This
period of time shall be added to his vacation. If the
employee desires to use sick time, his illness must be
verified by a physicion.
Section 5. Any employee \\Tho is separated from service
shall be compensated by check for all unused vacation time
accumulated at the regular rate of pay at the time of separa-
tion.
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ARTICLE Xl
CIVIL SERVICE
Except where expressly modified by any provi.sion of
this Agre~meht, the provisions of the Civil Service Act and
the rules and regulations thereunder shall govern the rela-
tionship between the City, the Union and the employees
covered hereunder.
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Al\TICLE XCI
CHECK-OFF
Section 1. Cun~2ncing at the pay day first following
.certification of the Union by the Public Employee Relations
Commission as the bargaining agent for the employees covered
hereunder, the City shall deduct dues and uniform assessments
O'ived by the employee to the Union in an amount certified to
be correct by the Union Secretary-Treasurer on a bi-weekly
basis; provided, that prior to such deduction the Union has
provided the City with a signed statement from each employee
whose dues are to be deducted that such deduction is author-
ized; provided, further that such authorization is in a form
satisfactory to the City.
Section 2. Notwithstanding anything herein to the
contrary, any authorization for dues deduction may be canceled
by the employee upon thirty (30) days' written notice to the
City and the Union.
Section 3. The Union shall indemnify and hold harmless
the City from any and all claims or demands and expenses in
connection therewith based upon the City's participation in
dues deduction.
Section 4. Nothing contained herein shall requlre the
City to deduct from a salary or be otherwise involved in the
collection of Union fines, penalties or, special assessments.
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ART1CTJE XIII
STEhTARI lS
Section 1. There shall be one steward for each shift.
The Union shall provide written notice to the City of the
appointment and/or replacement of ste\vards.
Section 2.
An employee havi.ng a grievance shall have
the right to take the matter up with his Shife Stewlrd or
other Union Officer during working time, provic1c~d that
neither the employee nor the Shift Steward may leave
their assigned Fire Station without prior permission of the
Assistant Chief or his relief to do so, and; provided,
further, that the employee and the Shift Steward shall not
interfere with the normal operations of the Department.
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ARTIelll-: XIV
POSTING OF ACREEHENT
The City and the Union agree that this Agreement shc:ill
be posted by the City in a conspicuous place 'at each Fire
Station. Further, the Union agrees, within thirty (30) days
after the executim'> of this Agreement, to supply individual
cop~es of this Agreement to each mem.her of the, bargaining
unit.
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-AR TIC LE XV
WORK SCHEDULES
Section 1.
COMBAT DIVISION: Shifts to ~tart at eight (8) A. M.
and end at eight (8) A. M. the following morning. Total~ Twenty-four
(24) hours. Combat Division to consist of three (3) shifts~ "A", "B"
and "C" who will work in the following rotation (s ee sample monthly
work schedule below).
Sunday Monday Tuesday Wesnesday Thursday Friday Saturday
1 Work' 2 Off
3 Work
4 Off
11 Off
1 8 Off
25 Off
5 Work
6 Off
7 Off
8 Off
1 5 Off
22 Off
29 Off
9 Off 10 Work
16 Off 1 7 Off
23 Work 24 Off
30 Work, etc.
12 Work 13 Off 14 Work
19 Work 20 Off 21 Work
26 Off 27 Off 28 Work
INSPECTION DIVISION: Shift to start at eight (8) A. M.
and end at five (5~ P. M. the same day, Monday through Eriday.
Total: Nine (9) hours of which one (1) hour shall be given off as
lunch period.
Section 2. Notwithstanding any provision to the contrary, the
City retains the right to adjust work schedules only for the purpose
of comPlying with the Fair Labor Standards Act without providing
additional compensation for regularly scheduled hours. Prior to
making any such change, the City shall provide the Union not les s
, than thirty (30) q.ays' notice and, if requested, bargain with the
Union concerning the anticipated change.
Section 3.
The current practice of selecting
individuals required for overtime work shall be continued except
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th,,!t a li~;t ~;hal1 he' mainLtincd :;0 as to cCj1-1:11it'.(' oVL'rtilllc
requirements to the extent practicable.
Section l~.
Employees within the Department may ex-
change ('h-dtlty time upon the follO\'-ling condit~ions:
A. That the person filling in bc acceptable to
the company officer and shift command2r prior to the change.
B. That the persons desiring the exchange notify
the company officer of the anticipated change not less than
forty-eight (48) hours prior to the start of the anticipated
change unless such exchanee arises under emergency situations.
c. That no person may be allowed to exchange
more than seventy-two (72) hOUi-S per fiscal year unless the
shift commc:mder in his discretion allows persons to exceed
such limitation.
D. That the member \'-lorking the time \vill be
covered by all applicable benefits in case of injury while
filling In, but will not receive pay for this period.
E. If the person agreeing to loan or fill in
time is sick or fails to appear forLhe exchange, hi.s sick
leave account or pay will be charged.
F. The person agreeing to fill in for another
member is obligated to reL:ain on duty In the absence of the
person '\-lith vlhom the exchange is made.
G. Notwithstanding any provision to the contrary
above, the City shall not be required to alloVl an exchange
if doing so would impose upon the City liability for any
additional overtime compensation over what persons may
othenvir;e be entitled to. Prior to discontinuing the ex-
change allo\'lcillce for thi~; reason t1w City shall rWl:ify the
Union conccndn,'" the.' 1<-'1'.:/1 ba:;:t,:; for the' cll~CL:;j UII to do ~;().
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Fur ther ~ upon rccpll~:; t:, the Ci ty shall rll(~e t: \vi r:h the UnLOll to
bargain acccptahle changes in the exchange practice.
Section 5.
The current practices regarding overtime
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compensation shall be continued for the duration of this
Agreemen t.
Section 6. When an employee is called in more than
four (4) hours prior to the start of his regularly scheduled
tour of duty or held over on time other than his regular
duty hours, he shall receive a minimum of four (4) hours pay
at the applicable rate.
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ARTICLE );.VI
HORK RULES
Section 1. It is understood and agreed by both parties
.that the duties performed by' members of the baY[;aining unit
cannot :lhvays be' covered by job descriptions and, therefore,
members of the bargaining unit may be required to perform
duties in addition to all those listed 1;viUdn the currC'",it
job descriptions Hhich are, in the judgment of the City,
related to the purposes of the Fire Department, ~7hich jud~;-
ment shall not be arbitrary, caprici0us or unreasonable.
Section 2. Any Fire Department Rule or Regulation in
conflict with this Agreement shall be of no force and effect.
Section 3. Prior to implementing any change in Fire
Department Rules or Regulations, the Union shall be provided
ten (10) days' notice and an opportunity to discuss such
change. The issue of whether such proposed change conflicts
with this Agreement shall be subject to the grievance proce-
dure contained herein.
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ARTICLE XVII
SENIORITY AND LAY-OFFS
Section 1.
Seniority shall prevail in cases of lay-off
provided ability is relatively equal.
Section 2. If reduction in force requires the layoff
of a lieutennnt, the affected lieutenant may, at his option,
revert to the. posit .)n he held prior to his promotion to
lieutenant. If this movement requires a further reduction
in force, the same shall be accomplished in accordance with
Section 1 above and the process be continued down through
the ranks.
Section 3.
No new employee shall be hired until the
employee on lay-off has been given an opportunity to return
to ~'70rk at his original seniority date and position; provided,
that after one year of lay-off the employee shall cease to
accrue seniority and that such re-employment rights sha~l
cease after five (5) years from the date of lay-off.
Section 4. Civil. s'ervice shall govern the effects of
lay-off on employment benefits.
Section 5. The City shall prepare a current seniority
list and post same on -11 bulletin boards and update such
list as needed.
Section 6. Unless otherwise agreed to herein, seniority,
as posted, shall control employment decisions to the same
extent as of tbe execut ion of this Ac;reeTnent.
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l'j{]':VAILING RTGIITS
All rights and working conditions enjoyed throughout
the Depar~mept by the employees at the present time and
knmvn to the Chief or Assistant Chief (Operations), Hhich
are not included in this Agreement shall be preswned to be
reasonable and proper and shall not be changed by the City
in an arbitrary or cap~icious manner; provided that nothing
contained herein shall limit the City's rights under Arti-
cle XVI, Hork Rules.
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ARTICLE XIX
LINE OF DUTY ItJ TURY PAY
Section l. The City hereby ag':ees to pay the follcH-ling
compensation to any employee injured in the line of duty in
accordance 'iVith the folloHing definitions, terms emd condi-
t i on s :
A. Compensation shall be payable under this
Section only with respect to disability as the result of
inj ury to an employee \'lhere such inj ury is incurred in the
line of duty.
B. In injury shall be deemed to have been incur-
red in the line of duty if and only if such injury is compen-
sable under the Florida Horkmen's Compensation Law.
C. The amount of compensation paid shall be the
amount required to supplement funds received from the Florida
Workmen's Compensation Law and any other disability or other
income plan provided by the City, either by law or by agree-
ment, to the point where, the sum of the supplement herein
provided and all other payments herein described equal the
employee I S weekly \vage at the time of the injury.
D.
No comD~nsation under this Section shall be
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allowed for the first seven (7) days of disability; provided,
however, that if the injury results in disability of more
than fourteen (14) days, compensation shall be pa.id from the
COTIlll1enCerl1ent of the disability.
E. The term disability as used in this Section
means incapacity because of the line. of duty injury to earn
in the Silme or ,my otltt2r e.mploywent tJle Hagcs \\fld ch the.
omploye;_' ".las rcct'iving at the time o[ injury.
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10' . I t is the inLe!1 t of tld r; Sect:ion to provide
supplemental C01ll}wllsation for line of duty inj uries only,
and this Sectjon shall not be construed to provide compensa-
tion in the event of death or injury incurred in any manner
other than in the line of duty. In the eve'lt of any dispute
or disagreemt~nt eoncerninp; the interpretatL'n of the terms
of this Section, then the decisions concerning definition of
those terms issued under the Florida Horkmen's Compensation
Law shall control.
G. The maximwn period for \-7hich payment may be
made under this Section shall be ninety (90) days from the
date of injury for each injury, including recurrences thereof.
No payment made by the City during said pe~iod shall be
charged against any sick leave I.vhich the employee may have
accrued.
Section 2.
It is the intention of the parties that
nothing in this Agreement shall interfere with the normal
procedures under the Horkmen' s Compensation Lc:lI.vs or, the
requirements of the City's workmen's compensation insurance
coverage.
Subject to such intended limitations:
A. An emplr)yee \\lho is inj ured in the line of
duty and \\Those condition requires hospitalization shall have
the right to ;~elect his O\'lIl hospital and his o~,m physician.
The choice shall be made by the injured person or if the
condition prevents him from m~king such choice, by his
family. The ?irefighter shall at all times have the right
to change hi~~ phy:c;ician.
If the inj need Firl'f igh tc'y r('quir(~;;
ho~-;pit:lli:'-:;,_1tion and medical trcatmc:nt ouU;ide th~~ City of
Clean/ilLer, i.t shall be p~rrf\in('cl ilnd \,Jill not: c1r[(~ci= [lrti-
c1 (.:~ and :;cctiuru: of Lli i !\;',YC'('Il,0nL:.
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B. In other c;:u;e~; involving injuric~; in the lint'
of duty which do not require hospitaliz.Jtion, the: injured
employee shall have the right to be treated by a physician
of his own choice.
Section 3.
If an employee is killed in the line of
duty, L .te City shall pay to the widoH or heirs of such
deceasei..~ employee his accumulatc'd severance pay. Within
forty-eight (48) hours of the death of the employee, the
City shall deliver to the spouse or surviving children or
the employee's dependent beneficiary a check for the sum of
one month's current salary of the employee.
Section !.j,. Upon return from working a fire, the employee
may request a physical examination by the City physician to
ensure the employee is stable and capable of returning to
work. This right may be rescinded on an individual basis if
repeatedly abused.
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ARTICLE XX
LJ~AVES,OF ^BSENCE
Section 1.
Sick Leave for Family Illnc~s~;.
-_._---~-----_. -----~---,- -.--
Sick leave will be accrued in the same manner that is
is presently earned. An employee may utilize his accumu-
lated sick time due to an illness in his immediate family
(as that term is defined in .Section 2 below) up to a maximum
of 56 houn; in each fiscal year; provided that so li~uch of
the 56 hours that is not used in one year may be carried
over and used in the next succeeding year.
Section 2. Funeral Leave.
The current practice of allowing employees time off
with pay because of the death of family members shall be
continued, except that the time off shall not be charged
against the employee's accumulated sick leave for absences
follmving the death of the employee's spouse, children,
brother, sister or parents. Additional t<rne may be grAnted
by the Fire Chief.
Section 3. Right to Contribute Work.
In the event that an employee's illness or physical
incapacity should continu~~ beyond the point where his aCCUE,U-
lated sick leave, if any, has been exhausted, he may elect
to have other qualified employees of the Department perform
his regular duties; provided that such sullstitution would
not require overtime compensation for the substitute.
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ARTH;LE i: r
1.11 SC ELI,L\NJ~OIJS
Section 1.
Hhen an employee is as:>i,gncd III an acting
capacity to a higher position for a period in excess of
twenty (2i.) consecutive days, he: shall receive the base rajc~
of pay for the position in Hhich he is acting or five per
cent (5%) ;:,:)ove his base rate of pay, \vhichcver is greater,
retroactive to the first day.
Section 2. All lif. insurnnce premlwn contributions
and plans currently in fo(...(~ shall cont: i1ue for the duration
of this Agreement. The selection of an insurance company
shall be free and without prejudice and of the employects
choice from the eleven companies offered by the City.
Section 3.
Not less than thirty (30) days prior to
promc)tional examinations, the City sh:ll place In each Fire
Station at least one copy of each book from ''><lhich such
examination was drawn.
Section 4. The City shall continue to provide the
clothing and protective devices currently supplied without
cost to the employee.
Section 5. The current practice regarding the \V'earing
of hats and ties sh211 be continued. except that ties need
not be wO."Cn by combat and rescue personnel \vhile in the
station or ~rllile responding to emergencies.
Section 6.
During the term of this AzrceDi .n t, the City
shall not subcontrac.t out to private concerns the basic fil'~
suppres:;ion ar~,l rescue :::;erVLCC~, of the DC:piu~Ui:2nL.
See t i () (1 7.
The City :;hall prvidc~ imLl mai,ntaLn dcL'qUilt,'
tl.-aining f;JcilLt-[I,::~ n:, 'Cc>cUll:L,;c'TldL'(lll} F]UCjlLl ,-t:Cj1lir(.'L:(.ntr;
fe))"'" tl~;_LLlli.r'.:~ c(>n'--cr~:, (l!. ~;llch, r:-~c-Lljti(,.(: :',,) I'"l(;\1 l)c' :/[I,L'(l(.Id
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11i'(\]J hy the; (;i ty ,tiLl the: li1IiuJl., tJIl' ~;:lll!(, to he erecLed hy
Oct.obc'r 1, lCJ/Ci.
Section 8.
The City ~;tL!ll provide linbility insurance
protection t,;.lith limitation~; of coverage t,;-Jhich are adequate
\vithin the judgment of the City (the present five>. million
limits shall not be reduced during the term of this Agree-
ment) I including defcD3e for every employee on all claims
arisinG out of the course of the ewployee's employm2nt with
the Ci.ty to the same extent that the City i.s cov2recl for
such claims and not including punitive damages.
Section 9. To the extent that clnployees are presently
allovled to ploy handball, such allowance shall continue for
the duration of this Agreement.
SectiOIl..lQ.. During the term of this Agreement, the City
shall make an effort to have legislation enacted to remove
the waiting peric.l for eligibility for the pension plan.
Sectio~1-_~. The current: practice of paying accrued
rights and benefits to the de:3ignated beneficiary or next of
kin upon the death of an employee shall continue.
Section 12. The current practice of college tuition
reimbursements shall continue.
Sectio_~_13_. The. Department shall counsel \.'lith any
employee ,,;ho is passed over by another candidate on the list
for prm~1otiuns.
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J\nTICLi'; XXI r
GU1\l~M'rrEEj) INPJWVj<.:HEJ'rrS
--------- - --.---.- --.--- -.- . - --- -- ---- - -- --
In the event that <1 cleparlulC'nt of the City cOl1sistill[';
of morc than twellty-five (25) employees is granted:
A. l10re thiJD. nine (9) holidays
B. More sick leave than is provided herein
C. Hare iTI~urance coverage than is provided
herein
D. More vacation time or pay than is provided
herein
E. Wage increases not currently provided in the
pay plan
and such improvements effect a majority of the employees in
such deparU;'211t, then the employees in the bargaining unit
shall receive such improvements. Hhere there is a different
method of calculcrtion of benefits for the bargainin" unit
and other departments (such as for vacations, sick leave,
holidays, etc.), the current method of calculatiDTIshall be
utilizcd so that the bargaining unit rece5.ves a proportionate
:Lncreas e.
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1\ tT 1 CL L< X :\ I 11
PlIYS:rCI\L E-XAtILNA'J'l();1
Sc'ction 1.
The Ci t y shall provide for every lTlemlwr
covered by Uli~) Agreement a complete and coml)rchensive
annucll phys ical exmdnat ion at tlw City' s expcn~; e. This
physical shall include a stress E.C.G., if available through
county services, and chest x-ray. The results of the:-,e
tests shCll: be made available to the. member.
;.]cction 2. The City agrees to pay all expenses for
innoculation or ir,ununization shots for employ~es and meHlber~:
of an employee's family residing in his l:ousehold when such
becomes necessary as a result of said emr1oyee's exposure to
contagious diseases \'lhere said employe2 had been exposed to
said disease in the line of duty; provided that the employee
first makes all reasonable efforts to have this service
performed at no tost by the County Health Department.
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!\R'I'T (; 1,1': >::{ I. !
!?!\ FI'~~_~Y_I~g~) Tl~~~r\l !j~
Section 1.
Th(~ 'Ci Ly agrees to i~;~;ne to ('ach combat
member of the unit the foll()ui.ng safety equipment:
A. 1 - 100' nylon hand line
B. 1 - liD" ring
C. 1 - Battery powered hand light
Except for normal wear and teart employees 'hall be responsi-
ble for the replacement of the above.
Section 2. During the term of this Agreement, the City
shall acquire at least ten (10) additional sclf-co,ltainecJ.
breathing apparatus.
Section 3.
During the term of this Agreement, the City
shall provide each combat member of the unit fire retardent
bunker gear. Hhile the City agrees to secure delivery of
such equipment in a prompt manner, both sides are aware of
the scarcity of such items due to demand.
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ARTICLE:-:>:V
^HU~D!"11':N'J'S
This Agn'c:rnent. nny be (1rllC'ndul at any time by the llluLual
consent of the parties, but.no such attempted amendment
shall be of any force or effect untilplocccl in \vriting and
executed by each party hereto.
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AR1' leI ,E .Y-XV J
SEVEHillHL !TY AND HAIvr:n
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Section 1.
Each alld every clauE;e of thi~; Agreement:
shall be deemed separable from each and every other clause
of this Agreement to the end that in the event thelt any
clause or clauses shall be finally determined to be in
violation of any 1m^, , then and in such .'cnt ;.', ch claw}e or
clauses only, to the extent only that any may be so in
violation, shall be deemed of no force and effect an!1 unen-
forceable without impairing the validity and enforceability
of the rest of the contract including any and all provisions
in the remainder of any clause, sentence or paragraph in
which the offending .language may appc'ar.
Sec1:Lon 2. This exercise or non-exercise by the City
of the rights covered by this Agreement shall not be deemed
to wai'h: any such right or the right to exercise them in
some otlL~r way in the future.
Section 3. In the event of invalidation of any article
or section, both the City and the Thlion agree to meet within
thirty (30) days of such detennination for the purpose of
arriving at a mutually satisfactory replacm~ent for such
articles or sections.
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Aln'T/::,''; X:{\Jj I
COi{j :ZACT cml~;'J'I'r'lj'j'ES
ELrn.lzE AcrU:[~l'iE 'T OF TilE l'Al\TIES
'J.' 1 ."
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acl\Lli;\\71c.clgc cmd agn'(: tha L, during the
nc:gotiations v;hich rcsul ted in this ^[',ccelilcnt, each had the
unlinrLted ri{',ht and opportunity to make demands and prop')salEo
'\Vith reE;pect to any subject or matter included by Iml within
the area of collective bargain-;.ng and t.a'~ all tbe under--
standings and agreements arrived at by the parties after the
exercise i,E that right and opportunity are set forth in this
Agreement. Therefore, the City and the Union, for the life
of this Agreeru~nt, each voluntarily aud unqualifiedly waives
the right to require further collective bargaining, and each
agrees that the other shall not be oblifuted to bargain
collectivE~ly Hith respect to any matter or subject not
specifically referred to or covered by this Agreement,
Vlhcther or not such matters have been discussed, even tllOugh
such subjects or matters may not have been within the knowl-
edge or contemplation of either or both parties at the time
that they negotiated or signed this Agreement. This Agree-
ment contains tIle entire contract, understanding, undertaking,
and agreement of the parties hereto and finally determines
and settles all rnatterso[ collective bargaining for and
during its term, except ClS may be othen'lise specifically
provicLd herein.
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f\I:TJCLE XXVI' J
Ql!_I~0'f' ,. ~?~I_,_!1-0p IF I CA'~_r~~~~._!0_!~~ .~~f':L~.UJ~t<l~f9N
This Agreement shall be effective as of the 1st clay of
OctobE~r, 197!~, anJ shall continue in full forc(~ and effect
until Septf::mber 30, 1975. If either party de~:;ires to modify,
amend, or tcnainE~tc thi s Agreement, such party shall proviJe
Hritten notice of such de;<.re not later than Harch 30, 1975.
In the absence of such notice, this Agreement shall be
automatically extend ' until Septeli~cr 3D, 1976, and from
year to year thereafter unless such notice J.S provided.
FolloHing the sending and receipt of the notice des--
cribed above, the parties shall follow the procedures con-
tained in thc; Public Employee Relations Act tOl-l, rd the
consummation of a net,;V' agreement.
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IN WITNESS WHEREOF, the parties hereto have hereunder
d..R- '71_ _ ?
set their hands and seals this //~ ~ay of ~~l97r
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Approved as -to form &
Correctness: .<
~144/)y! /Jyi9<~~
City Attorney {
sealed and delivered in
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By
~ed
Acting Mayor-Commissioner
CLEAR WATER FIRE FIGHTERS
LOCAL 1158, 1. A. F. F.
By ~1.;i&.wI
N~r~ ~
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N egoti r