AGREEMENT (2)
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AGREEMENT BETWEEN
THE CITY OF CLEARWATER
and
THE INTERNATIONAL ASSOCIATION
OF FIRE FIGHTERS AFL-CIO,
LOCAL NO. 1158
1976 - 1977
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ARTICLE
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TABLE OF CONTENTS
ARTICLE
NAHE
Preamble
Recognition
City's Management Rights
No Strike
Grievance Procedure
Bulletin Boards
Representatives of Parties
No Discrimination
Wages
Holidays
Vacations
Civil Service
Check-Off
Stewards
Posting of Agreement
Work Schedules
Work Rules and Prevailing
Rights
Seniority and Lay-Offs
Paramedics
Line of Duty Injury Pay
Leaves of Absence
Miscellaneous
Physical Examination
Amendments
Severability and Waiver
Contract Constitutes Entire
Agreement of the Parties
Duration, Modification and
Termination
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PltElJ:LBLE
This-Agreement is entered into by the City of Clearwater,
Florida, hereinafter referred to ctS the "City" and Local 1158
of The International 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 v.7hich 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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ARTICLE 1
RECOGNITION
Section 1. The City recognizes the Union as the exclu-
sive bargaining representative in accordance I.'lith 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 l1echanics, clerical employees
and professional employees.
Section 2~ Should the City establish new job classifica-
tions I.oii thin the Fire Department ' . h are not of managerial
wn2.C a
nature, the City shall, not less than thirty (30) days prlor
to 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 clas"Lfication.
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ARTICLE 2
CITY'S HANAGEHENT RIGHTS
Section 1.
Except as expressly limited by any provision
of this Agreement, the City reserves and retains exclusively
all of its normal and inherent rights with respect to the
management of its operations, Hhether 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 divi.sions; to select- and direct the
working force in accordance with requirements determined by
the C~ty;-'to create, modify or discontinue job classifi-
cations; t6 establish and change working rules and regulations;
to establish and change Hark 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 reason; to
suspend, discharge or othen'lise 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 varlOUS
operations, functions and services.
Section 2.
If in the sole discretion of the City
Manager it is determined that civil emergency conditions'
e:::ist, including, but not limited to, riots, civil cli~~ordecs,
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hurricane conditions, or similar catastrophies or disorders,
the provisions of this Agreement may be suspended by the
City Nanager during the time of the do?clared einergency,
provided that \Vage rates and other direct monetary payments
shall not be suspended.
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ARTICLE 3
NO STRIKE
Section 1.
The Union 3.gre2:J that during the tenil of this
Agreement it sh~ll not authorize, instigate, condone, excuse,
ratify, or support any strike, slow-do~m, sit-do\VTI, work stoppage
or any other act of like or similar nature likely to interfere
with the efficient operation of the City's affairs engaged in or
supported by members of the Union and/or employees represented by
the Union or other agents or representatives of the Union.
Section 2.
Should the Union or a majority of the Union
employees covered hereunder within the City's Fire Department
breach this article, the City may then proceed against the Union
as covered in F.S.C. 74-100 Section 447.019, and such sections
of State and Federal law that may apply.
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ARTICLE 4
GRIEVANCE PROCEDURE
Section 1.
A grievance
shall be defined as anv differ-
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, 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
Florida, 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
within five (5) calendar days of the occur-
rence of the matter giving rise to the grie-
vance. 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
three (3) calendar days from the date the
grievance was presented to him.
Step 2.
If the grievance is not settled in the first
step the aggrieved employee, within three (3)
calendar days of the date of the answer in
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Step 3.
Step 4.
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the first step, shall reduce the grievance to
1;vriting, sign it and present it to the Assistant
Chief or his designee. The Assistant Chief
of his designee shall obtain the facts
concerning the alleged grievance and shall,
within three (3) 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 three (3) 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
from the Assistant Chief or his designee
shall present the written grievance to the
Fire Chief. The Fire Chief shall obtain the
facts concerning the alleged grievance and
shall, within three (3) calendar days follow-
ing receipt of the written grievance, meet
with the aggrieved employee. The aggrieved
employee may be accompanied 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 shall be submitted to the City
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Manager or his designee. Within three (3)
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 arbitr-
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 arbitrator, insofar as it
is in conformance with paragraph C hereinabove, shall be
final and binding on both parties.
E. The expense of the arbitrator shall be borne
equally by both parties, except that if either side desires
a written transcript such side shall bear the costs thereof
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F. The time limits contained herein may be
extended by the mutual written consent of the parties.
Section 5. Nothing contained herein shall prohibit the
employee 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.
Section 6. Grievances arising out of the discharge, demotion,
suspension or written reprimand shall be commenced within five (5)
days of the action giving rise to the grievance and shall be
commenced in Step three (3) of the grievance procedure unless the
employee elects to utilize the civil service grievance machinery.
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ARTICLE 5
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 designee shall first review such posting, 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 6
REPRESENTATIVES OF PARTIES
Section 1.
The City a8rees that during the term of this
Agreement it will deal only with the authorized representatives
of the Union in matters requiring the mutual consent or other
official action called for by this Agreement. The Union
agrees to notify the City of the name of such authorized repre-
sentatives 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 the Union and the employees covered hereunder
shall deal only with the City Manager or his representative
in matters requiring mutual consent of other official action
during the term of this Agreement and specifically the Union agrees
that neither the Union nor the employees hereunder shall seek
to involve the City's elected officials in the administration
of this Agreement or otherwise in the operation of the City's
Fire Department; provided that nothing contained herein shall
restrict an employee's opportunity to present non-employment
related matters to such elected officials.
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ARTICLE 7
NO DISCRIMINATION
The City and the Union specifically agree that the
provisions of this Agreement shall be equally applicable to
all employees covered herein without regard to race, color,
religion, creed, sex, national origin, membership or non-
membership in labor organization or age, as provided by law.
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ARTICLE 8
WAGES
Section 1. Basic -';vage rates for the term of this Agreement
shall be as follows, stated on a bi-weekly basis:
Steps Firefighter Fire Lieutenant Fire Prevantion
Inspector
1 382.77
2 402.27
3 421.77
4 443.72 540.02 540.02
5 465.66 566.84 566.84
6 488.82 597.31 597.31
7 501.01 610.72 610.72
8 513.20 626.57 626.57
9 527 .83 642 . L~l 642.41
Section 2. In addition to the rates above, the additional
factors for compensation as provided in the pay plan shall prevail.
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than one employee on such list requests a particular day and
the Department determines that both may not be off on that
particular day, the senior employee shall be given preference.
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, 1977.
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ARTICLE 10
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 - lL~ years: 8 duty days
15 - 17 years: 9 duty days
18 - 19 years: 10 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 with seniority and with the consent of the Depart-
men t .
Sectipn 4. Employees becowing 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 physician.
Section 5. Any employee who ~s separated from service
shall be compensated by check for all unllsed vacation time
accumulated at the rEgular rate of pay at the time of separa-
tion.
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AR TICLE 11
CIVIL SER VICE
Except where expressly modified by any provision of this Agreement, the
provisions of the Civil Service Act and the rules and regulations thereunder shall
govern the relationship between the City, the Union and the employees covered
hereunder. If, during the term of this Agreement, the Civil Service system is
abolished, the benefits and regulations of Civil Service (excepting the Civil Service
Grievance Procedure) shall be maintained for the life of this Agreement. Nothing
contained herein shall indicate agreement, on the part of the Union, to the abolition
of the Civil Service System.
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ARTICLE 12
CHECK-OFF
Section 1.
The City shall deduct dues and uniform assess-
ments owed 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 authorized;
provided, further that such authorization is in a form satisfac-
tory 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 require 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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ARTICLE 13
STEHARDS
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 stewards.
Section 2. An employee having a gr~evance shall have
the right to take the matter up Hith his Shift Ste-';vard or
other Union Officer' during \vorlcing time, provided 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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ARTICLE 14
POSTING OF AGREEMENT
The City and the Union agree that this Agreement shall be
posted by the City in a conspicuous place at each Fire Station.
Further, the Union agrees, within thirty (30) days after the execu-
tion of this Agreement, to supply individual copies of this Agree-
ment to each member of the bargaining unit. The City shall bear
one-half (1/2) of the cost of duplication.
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ARTICLE 15
HORK SCHEDULES
Section 1.
COMBAT DIVISION: Shifts to start at eight (8) A.M.
and end at eight (8) A.M. the following morning. Total:
T1;venty-four (24) hours. Combat Division to consist of three
(3) shifts: "A", "B" and "c" who will work in the following
rotation (see sample monthly work schedule below).
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 Work 2 Off 3 Work 4 Off 5 Work 6 Off 7 Off
8 Off 9 Off 10 Work 11 Off 12 Work 13 Off 14 Work
15 Off 16 Off 17 Off 18 Off 19 Work 20 Off 21 Work
22 Off 23 Work 2L. Of f 25 Off 26 Off 27 Off 28 Work
29 Off 30 Work, etc.
INSPECTION DIVISION: Shift to start at eight (8)
A.M. and end at five (5) P.M. the same day, Monday through
Friday. Total: Nine (9) hours of which one (1) hour shall be
given off as lunch period.
Section 2.
Notwithstanding any provision to the con-
trary, the City retains the right to adjust work schedules
only for the purpose of complying with the Fair Labor Stand-
ards Act without providing additional compensation for
regularly scheduled hours. Prior to making any such change,
the City shall provide the Union not less than thirty (30)
days 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 that
a list shall be maintained so as to equalize overtime to the
extent practicable.
The current practices regarding overtime compensation shall
be continued for the duration of this Agreement.
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Section 4.
Employees within the Department mAY exchange on duty time
upon the following conditions:
A. That the person filling in be acceptable to the
company officer and shift commander 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 exchange arises under emergency situations.
C. That no person may be allowed to exchange more than
seventy-two (72) hours per fiscal year unless the shift commander
in his discretion allows persons to exceed such limitation.
D. That the member working the time will 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 for the exchange, his sick leave account
or pay will be charged.
F. The person agreeing to fill in for another member
is obligated to remain on duty in the absence of the person with
whom the exchange is made.
G. Notwithstanding any provision to the contrary above,
the City shall not be required to allow an exchange if doing
so would impose upon the City liability for any additional overtime
compensation over what persons may othenvise be entitled to.
Prior to discontinuing the exchange allowance for this reason
the City shall notify the Union concerning the legal basis for
the decision to do so.
H. Time exchange is subject to a one hour minimum and
at one hour increments.
Further, upon request, the City shall meet with the Union
to bargain acceptable changes in the exchange practice.
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Section 5. When an employee is called in 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 illlnlillum of four (ll')
hours pay at the applicable rate.
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ARTICLE 16
WORK RULES AND PREVAILING RIGHTS
Section 1.
It is understood and agreed by both parties
, that the duties performed by members of the bargaining unit cannot
always be covered by job descriptions and, therefore, members of
the bargaining unit may be required to perform duties in addition
to all those listed within the current job descriptions which
are, in the judgment of the City, related to the purposes of
the Fire Department, which judgment shall not be arbitrary,
capricious 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 procedure contained
herein.
Section 4.
All rights and working conditions enjoyed
throughout the Department by the employees at the present time
and known to the Chief or Assistant Chief (Operations), which
are not included in this Agreement shall be presumed to be
reasonable and proper and shall not be changed by the City in an
arbitrary or capricious manner; provided that nothing contained
herein shall limit the City's rights under Sections 1, 2 and 3.
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ARTICLE 17
SENIORITY AND IAY-OFFS
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Section 1.
Seniority shall prevail in cases of lay-off
provided ability is relatively equal.
Section 2.
If reduction in force requires the lay-off
of a lieutenant or inspector the affected lieutenant or inspector
may, at his option, revert to the position he held prior to
his promotion to lieutenant or inspector~ If this movement
requires a further reduction in force, the same shall be
accomplished in accordance with Section I 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 work 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 shall cease after
five (5) years from the date of lay-off.
Section 4.
Civil service shall govern the effects of
lay-off on employment benefits.
Section 5.
The City shall prepare a current seniority list
and post same on all 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 the execution of this Agreement.
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ARTICLE 18
PARAMEDICS
Section 1.
A Paramedic is an employee within the City's
Fire Department who is assigned by the Department to perform
emergency medical services in an emergency medical services
program and who has successfully completed and passed a Paramedic
training program recognized by the Department and approved by
the local medical community as providing advanced training in the
"D.O.T. Paramedic/E.M.T. II course" and offered at the St.
Petersburg Junior College and who has met such other qualifications
as may be established by the State of Florida to be a "Paramedic",
"E.M.T.II" or such other name as is attached to personnel per-
forming the functions contemplated by the parties hereto.
Section 2. The title of "Paramedic" is not a separate job
classification within the Fire Department and those employees
assigned as Paramedics shall continue in the rank they hold while
being assigned as "Paramedics".
Section 3. No employee assigned as a Paramedic shall be
held ineligible to participate in promotional examinations held
in the City's Fire Department nor shall service as a Paramedic
otherwise disqualify an employee from promotion.
Section 4. As it is desirable for the Clearwater Fire
Fighter Paramedics to stay abreast of the latest equipment,
techniques and procedures, the City agrees to subscribe, on an
annual basis, to those stations where Paramedics are assigned,
to those publications selected by the emergency room physicians
who work with Paramedic teams.
Section 5. When a Paramedic is required by the Department
to attend classes and/or seminars in furtherance of a Paramedic's
continuing education in the delivery of emergency medical services,
such classroom time shall be included in the hours worked of the
employee.
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Section 6.
Should the City1s Fire Department cease to
operate emergency medical services teams, those employees assigned
as Paramedics shall continue to be employed by the City on the
same hasis as any other employee in the bargaining unit.
Section 7.
Monetary Incentives
A. Employees assigned as Paramedics shall
receive, in addition to their base rate of
pay, 15% incentive, pay while so assigned.
B. Employees of the Department who currently
receive 5% incentive E.M.T.I. pay and who
are not assigned as Paramedics shall con-
tinue to receive such pay.
C. As to employees becoming certified as
E.M.T.I. 's to an emergency medical services
team shall receive 5% E.M.T.I. incentive
pay.
D. The member of a Paramedic team assigned to
maintain biomedic equipment used in Para-
medic services shall receive 2-1/2% of his
base rate of pay as incentive pay for the
performance of those duties and only while
so assigned.
E. The incentive pay contained herein shall
be calculated according to the same methods
currently used to calculate E.M.T.I. pay.
Section 8.
Assignment and Removal as Paramedic
A. The assignment of employees as Paramedics
shall be at the discretion of the Department.
B. The removal of the assignment as Paramedic
shall not be subject to the contractural
grievance procedure or civil service grievance
procedure when the removal is based upon
the judgment of the medi cal community ,;vith
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C. The removal or the assignment as Paramedic
shall not be subject to the contractural
grievance procedure or civil service grievance
procedure when the removal is based upon the
judgment of the Department that the removed
Paramedic was not performing to the standards
desired by the Department or the medical
community.
D. The removal of the assignment as Paramedic
shall be subject to the contractural
grievance procedure or the civil service
grievance procedure only if such removal
is based on a determination by the Depart-
ment that the employee is guilty of a
breach of discipline.
E. Neither the Arbitrator nor the Civil Service
Board shall have the power to substitute
his (their) judgment for that of the
Department or the medical community with whom
Paramedics work in relation to performance
of employees to the standards of excellence
desired by the City or the medical community.
Section 9.
The parties agree that Paramedics are not
professional employees within the meaning of the Florida Public
Employee Relations Act.
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ARTICLE 19
LINE OF DUTY INJURY PAY
Section 1. The City hereby agrees to pay the following
compensation to any employee injured in the line of duty in
accordance with the following definitions) terms and condi-
tions:
A. Compensation shall be payable under this
Section only with respect to disability as the result of
injury to an employee where such injury is incurred in the
line of duty.
B. An injury shall be deemed to have been incur-
red in the line of duty if and only if such injury is compen-
sable ur1.der the Florida Workmen I s Compensation Lenv.
C. The amount of compensation paid shall be the
amount required to supplement funds received from the Florida
\'Iorkmen' Sp Compensation Law and any other disability or other
income plari 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's weekly wage at the time of the injury.
D. No compensation under this Section shall be
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 paid from the
cOLJmencement 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 same or 2,ny other employment the Hages \'ihich the
cr;;ployec \.72S receiving at th~; t iDe of inj ury.
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F It is the intent of this Section to provide
supplemental compensation for line of duty injuries only,
and this Section 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 event of any dispute
or disagreement concerning the interpretation of the terms
of this Section, then the decisions concerning definition of
those terms issued under the F10rida Workmen's Compensation
Law shall control.
G. The maximum period for which 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 period shall be
charged against any sick leave'tvhich the empl-oyee may have
accrued.
Sect,ion 2.
It is the intention of the parties that
nothing in. this Agreement shall interfere with the normal
procedures under the Workmen's Compensation Laws or the
require~ents of the City's workmen's compensation insurance
coyerage. Subject to such intended limitations:
A. An employee \vho is inj ured in the line of
duty and \-lhose condition requires hospitalization shall have
the right to select his mom hospital and his O"(,ID physician.
The choice shall be made by the injured person or if the
condition prevents him from making such choice, by his
family. '1'l1e Firefighter shall at all times have the right
to change his physician.
If the injured Firefighter requlres
hospitalization and medical treatment outside the City of
Clearwater, it shall be permitted and will not affect arti-
cles and secticH1s elf tIn.s Agreei~:~"nt.
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B. In other cases involving injuries in the line
of duLy ~hich do not require hospitalization, the injured
employee shall have the right to be treated by a physician
of his OHll. choice.
Section 3.
If an employee is killed in the line of
duty, the City shall pay to the Hidow or heirs of such
deceased employee his accumulated severance pay. Hithin
forty-eight (48) hours of the oeath 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 4. Upon return from "-larking a fire, the employee
may" request a physical examination by the City physician to
ensure the employee is stable and capable of-returning to
""lOrk. This right may be rescinded on an individual basis if.
repeatedly abused.
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ARTICLE 20
LEAVES OF ABSENCE
Section 1. Sick LeaV2 for Family Illnes~.
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 i~~ediate family
(as that term is defined in Section 2 belmv) up to a maximum
of 56 hours in each fiscal year; provided that so much 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
\vith pay because of the death of family members shall be
continued, except that the time off shall no~be charged
against the employee's accThllulated sick leave for absences
following_the death of the employee's spouse, children,
brother, sister or parents. Additional time may be g~anted
by the Fire Chief.
Section 3.
Riaht to Contribute Work.
t-,
In the event that an employee's illness or physical
incapacity should continue beyond the point \vhere his accumu-
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 substitution would
not require overtime compensation for the substitute.
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ARTICLE 21
NISCELLANEOUS
Section 1.
Hhen an employee is assigned In an acting capacity
to a higher position for a period in excess of thirty (30) consecu-
tive days, he shall receive the base rate of pay for the position
in which he is acting or five percent (5%) above his base rate of
pay, whichever is greater, retroactive to the first day.
Section 2. All life insurance premium contributions and plans
currently in force shall continue for the duration of this Agreement.
The selection of an insurance company shall be free and without
prejudice and of the employee's choice from the eleven ~ompanies
offered by the City.
Section 3. I.A.F.F. Pins - All members of the bargaining unit
may wear the I.A.F.F. pin on their uniforms.
Section 4. The City shall continue to provide the clothing
and protective devices currently supplied without cost to the employee.
Section 5. Department Attire - The current practice regarding
the wearing of hats and ties shall be continued, except that ties
need not be worn by combat and rescue personnel while in the
station or while responding to emergencies and short sleeve shirts
shall be worn.
Section 6. During the term of this Agreement, the City shall
not subcontract out to private concerns the basic fire suppression
and rescue services of the Department.
Section 7. The City shall provide and maintain adequate
training facilities as recommended by Florida requirements for
training centers, or such facilities as may be agreed upon by the
City and the Union, the same to be erected by October 1, 1977.
Section 8. The City shall provide liability insurance pro-
tection with limitations of coverage which are adequate within the
judgment of the City, including defense for every employee on all
claims arising out of the course of the employee's employment with
the City when said employee is acting Hithin the scope of his
duties. Coverage shall be to the same extent that the City is
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covered for such claims and not including punitive damage.
Section 9.
To the extent that employees are presently
allmved to play handball, such allmvance shall continue for the
.duration of this Agreement.
Section 10. During the term of this Agreement, the City
shall make an effort to have legislation enacted to remove the
waiting period for eligibility for the pension plan.
Section 11. The current practice of paying accrued rights
and benefits to the designated beneficiary or next-of-kin upon
the death of an employee shall continue.
Section 12. The current practice of college tuition reim-
bursements shall continue.
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is subpoenaed to appear at the State Attorney's Office, Public
Defender's Office or private attorney's office in a criminal case
ar~0'1'" .c'-o'''' tt...c 0~,--,lov'-'c'r' C""V'"C'> of emnlovTT)"'nr
.,L,:)..L 16 .L.L ill, li C/...i......t' ./L.' U ,.\,....H.......1...0\:.- . ...~...t"'....... ..J~h.:r .......
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ARTICLE 22
PHYSICAL EXAHINATION
Section 1.
The City shall provide for every member covered
by this Agreement a complete and comprehensive annual physical
examination at the City's expense. The results of these tests
shall be made available to the member.
Section 2.
The City agrees to pay all expenses for inno-
culation or immunization shots for employees and members of an
employee's family residing in his household when such becomes
necessary as a result of said employee's exposure to contagious
diseases where said employee 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
cost by the County Health Department.
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ARTICLE 23
AHENDMENTS
Thi s Agreement may be amF'nded at any tilHe by the mutual
consent of the parties, but no such attempted amendment
shall be of any force or effect until placed in writing and
executed by each party hereto.
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ARTICLE 24
SEVERABILITY AND WAIVER
Section 1.
Each and every clause of this Agreement
shall be deemed separable from each and every other clause
of this Agreement to the end that in the event that any
clause or clauses shall be finally determined to be in
violation of any law, then and in such event such clause or
clauses only, to the extent only that any may be so in
violation, shall be deemed of no force and effect and 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 appear.
Section 2.
This exercise or non-exercise by the City
or the Union of the rights covered by this Agreement shall
not be deemed to waive any such right or the right to exercise
them in some other way in the future.
Section 3.
In the event of invalidation of any article or
section, both the City and the Union agree to meet within
thirty (30) days of such determination for the purpose of
arriving at a mutually satisfactory replacement for such
articles or sections.
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ARTICLE 25
CONTR,\CT CONSTITUTES
ENTIRE AGR_,C:,E~.iENT OF THE PARTIES
-----------------~_.__._---_._-'---_._.--~------
The parties acknowledge and agree that, during the
negotiations vlhich resul ted in this Agree;~~ent, each had the
unlimited right and opportunity to make demands and proposals
\;lith respect to any subject or watter included by law Hi thin
the area of collective bargaining and that all the under-
standings and agreements arrived at by the parties after the
exercise of that right and opportunity are set forth 1..n this
Agreement. Therefore, the City and the Union, for the life
of this Agreement, each voluntarily and unqualifiedly waives
the right to require further collective bargaining, and each
agrees that the other shall not be obligated to bargain
that they negotiated or signed this Agreement.
This Agree-
collectively with respect to any matter or subject not
specifically referred to or covered by this Agreement,
whether or not such matters have been discussed, even though
sucn subj ects or matters may not have been \vithin the knmvl-
edge or contemplation of either or both parties at the time
r-'en t contains the en tire contract, understanding, undertaking,
and agreement: of the parties hereto and finally determines
and settles all matters of collective bargaining for and
during its term, except as may be otherwise specifically
provided herein.
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ARTICLE 26
DURATION, MODIFICATION AND TERMINATION
This Agreement shall be effective as of the 1st day of
October, 1976, and shall continue in full force and effect
until September 30, 1977. If either party desires to modify,
amend, or terminate this Agreement, such party shall provide
written notice of such desire not later than Harch 30, 1977.
In the absence of such notice, this Agreement shall be
automatically extended until September 30, 1978, and from
year to year thereafter unless such notice is provided.
Following the sending and receipt of the notice
described above, the parties shall follow the procedures
contained in the Public Employee Relations Act toward the
consummation of a new agreement.
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IN WITN~SS W. HEREOF, The ~~r.ties her~o have hereunder set their
hand. and seal. th'.1.f:t:IL day of ~~ 1976.
Attest: ..",; -','
~~..
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~~. Clerk
f/
CITY O~~LEARWATER' FLORIDA
By Ci y~!?..J~))
Countersigned.
Approved as to form and
co~rectne//_-) /
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ttorney
~~~o~
By pr~~! -~Z~5t
Signed, sealed and delivered in
the presence of:
1. A. F. F. AFL-CIO CLC
-[(~ () ~eM~
(J~ ~ J<<-7/tAJ
~b the City
Signed, sealed and delivered in
the presence of:
0~)CV~
~ 't~..~.
'~ .
As 0 the 1. A. F. F.
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