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AGREEMENT (3) I I AGREEMENT between CITY OF CLEARWATER, FLORIDA and INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO Local 1158 October 1, 1977 through September 30, 1979 (lfi - J ."::::"<~, C t:, (I) t.l1..,,/ r.,~. ~,."" I I TABLE OF CONTENTS Page No. Preamble 1 Article I - Recognition 2 Article II - Representatives of Parties 3 Article III - City's Management Rights 4 Article IV - Grievance Procedure 5 Article V - No Strike 8 A rticle VI - Stewa rd s 9 Article VII - Check-Off 10 Article VIII - No Discrimination 11 Article IX - Holidays 12 Article X - Vacations 13 Article XI - Wages 14 Article XII - Civil Service 15 Article XIII - Posting of Agreement 16 Article XIV - Bulletin Boards 17 Article XV - Work Schedule 18 Article XVI - Work Rule s and Prevailing Rights 20 Article XVII - Seniority and Lay-Offs 21 Article XVIII - Paramedics 22 Article XIX - Line of Duty Injury Pay 25 Article XX - Leaves of Absence 27 Article XXI - Miscellaneous 28 Article XXII - Physical Examinations 31 Article XXIII - Amendments 32 Article XXIV - Severability and Waiver 33 Article XXV- Contract Constitutes Entire Agreement of the Parties 34 Article XXVI - Duration, Modification and Termination 35 .. I I PREAMBLE This Agreement is entered into by the City of Clearwater, Florida, hereinafter referred to as the "Cityl' and Local 1158 of the International As sociation of Fire Fighters AFL-CIO, hereinafter referred to as the l'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. -1- I I ARTICLE I RE COGNITION Section 1. The City recognize s the Union as the exclusive bargaining 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, As sistant 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 classifications within the Fire Department which are not of a managerial nature, the City shall, not less than thirty (30) days prior 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 sification. -2- I I ARTICLE II REPRESENTATNES OF PARTIES Section 1. The City agrees 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 agree s 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 the 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 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-employTIlent related matters to such elected officials. -3- I I ARTICLE III CITY I S MANAGEMENT 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, 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 discontinue the conduct of any operations, functions or service s, 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 with requirements determined by the City, to create, modify or discontinue job classifications; 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 reason; 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 necessary 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 conditions exist, including, but not limited to, riots, civil disorders, hurricane conditions, or similar catastrophies or disorders, the provisions of this Agreement may be suspended by the City Manager during the time of the declared emergency, provided that wage rates and other direct monetary payments shall not be suspended. -4- I I ARTICLE IV GRIEV ANCE PROCEDURE Section 1. A grievance shall be defined as any difference, 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. Grievance s 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 occurrence of the matter giving rise to the grie- vance. The aggrieved employee may reque st 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 the first step, shall reduce the grievance to writing, sign it and present it to the Assistant Chief or his designee. -5 - I I The Assistant Chief or 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 representative. The Assistant Fire Chief shall notify the aggrieved employee of his decision not later than three (3) calendar days following the meeting date. Step 3 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 following receipt of the written grievance, meet with the aggrieved employee. The aggrieved employee may be accompanied at this meeting by a Union represen- tative. The Fire Chief shall notify the aggrieved employee of his decision not later than three (3) calendar days following the meeting date. Step 4 If still unresolved, the grievance and all responses shall be submitted to the City 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 arbitrate the controversy shall give written notice to the other and shall at the same time reque st a list of five (5) arbitrators from the Federal Mediation and 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. -6- I I c' C. As promptly as can be arranged, the arbitration 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. F. The time limits contained herein may be extended by the mutual written consent of the partie s. Section 5. Nothing contained herein shall prohibit the employee from utilizing the Civil Service Grievance machinery, 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 3 of the grievance procedure unless the employee elects to utilize the Civil Service Grievance machine ry . -7- I I ARTICLE V NO STRIKE Section 1. The Union agrees that during the term of this Agreement, it shall not authorize, instigate, condone, excuse, ratify or support any strike, slow-down, sit-down, 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 qy the Union or other agents or repre sentative s of the Union. Section 2. Should the Union or a majority of the Union employees covered hereunder within the City's Fire Department breach thi s 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. The City would also be entitled to obtain an injunction with notice at ex-parte hearing for breach of this Article. -8- I I . ' ARTICLE VI STEWARDS 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 grievance shall have the right to take the matter up with his Shift Steward or other Union Officer during working 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. -9- I I -- } AR TIC LE VII CHECK-OFF Section 1. The City shall deduct dues and uniform assessments 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 satisfactory to the City. Section 2. Notwithstanding anything herein to the contrary, any authorization for dues deduction may be cancelled 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 expense s in connection therewith based upon the City's participation in due s deduction. Section 4. Nothing contained herein shall req.rlre the City to deduct from a salary or be otherwise involved in the collection of Union fines, penalties or special assessments. -10- I I ARTICLE VIII 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. -11- . ' I I ARTICLE IX HOLIDAYS Section 1. The following holidays shall be observed: New Year's Day Independence Day Veteran's Day Christmas Day Memorial Day Labor Day Thanksgiving Day The above listed holidays will be paid according to the current practice. Section 2. In addition to. the holidays listed in Section 1, each employee may receive three additional "floating holidaysl'. 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 mini;rnum of one weekl s notice of the employee's request and with the permission of the Department, which permission shall not be arbitrarily withheld. The Union agrees to supply the Department a list, not later than February 1, showing the desired dates for floating holidays of employees who have made their decisions as to which days shall be their floating holidays. Employees whose names appear on such list shall be given preference in the selection of days over employees not on such list. In case more 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. I I . , ARTICLE X VACATIONS Section 1. Employees on the 56-hour schedule shall accrue paid vacation as follows: 1 - 3 years 4 - 6 years 7 - 14 years 15 - 17 years 18 - 19 years 20 - over years 6 duty days 7 duty days 8 duty days 9 duty days 10 duty days 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 Department. Section 4. Employee s becoming sick or having a death in the family while on vacation may use sick time or death leave for such period of illne s s 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 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 separation. I I ARTICLE XI WAGES Section 1. Basic wage rates for the term of this Agreement shall be as follows, stated on a bi-week1y basis: Steps Firefighter Fire Lieutenant Fire Prevention Inspector 1 409.56 2 430.42 3 451.29 4 474.78 7 536.08 577.82 577.82 606.51 606.51 639.12 639.12 653.47 653.47 670.42 670.42 687.37 687.37 5 498.25 6 523.03 8 549. 12 9 564.77 Section 2. In addition to the rates above, the additional factors for compensation as provided in the pay plan shall prevail. .' I I ARTICLE XII CIVIL SERVICE Section 1. The parties expressly agree that the Civil Service law applicable for the duration of this Agreement may be either as contained in Special Acts of Florida, 21153, or as contained in Ordinance No. 1643. Section 2. The City shall have the power to make any changes in the Civil Service Rules to conform to the applicable Civil Service Law. Section 3. 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 Ordinance No. 1643 becomes the applicable law, the substantial 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. , ' I I ARTICLE XIII 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 execution of this Agreement, to supply individual copies of this Agreement to each member of the bargaining unit. The City shall bear one -half (1/2) of the cost of duplication. . , I I ARTICLE XIV 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 scope6:f this Article, such posting shall be modified to the mutual agreement of the parties. I I ARTICLE XV WORK SCHEDULE Section 1. COMBA T DIVISION: Shifts to start 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 "ClI, who will work in the following rotation (see sample monthly work schedule below). Sunday Monday Tuesday Wed. Thursday Friday Sa turda y 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 1 7 Off 18 Off 19 Work 20 Off 21 Work 22 Off 23 Work 24 Off 25 Off 26 Off 27 Off 28 Work 29 Off 30 Work etc. INSPECTION DIVISION: Inspectors will work in shifts of 8 A.M. to 4:30 P. M. and 8:30 A. M. to 5 P. M., Monday through Friday, with a thirty minute lunch break for each inspector. The Chief reserves the right to assignthe necessary personnel to each shift, but it is agreed that the assignments will not be made in an arbitrary or capricious manner. Section 2. Notwithstanding any provision to the contrary, the City retains the right to adjust work schedule s 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 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 " . , I I Section 4. Employee s 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 otherwise 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. . . , . I I ARTICLE XVI 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. ( . I I ARTICLE XVII SENIORITY AND LAY -OFFS Section 1. Seniority shall prevail in case s 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 hi s option,. revert to the position he held prior to his promotion to lieutenant or inspectpr. 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 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. .- . I I AR TIC LE XVIII 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 liD. 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", liE. M. T. II" or such other name as is attached to personnel performing the functions contem- plated by the partie s 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 publi&ations selected by the emergency room physicians who work with Paramedic teams. I I Section 6. Should the City's 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 basis as any other employee in the bargailiing 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 continue to receive such pay. C. Employees becoming certified as E. M. T. 1'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 Paramedic 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 se rvice grievance procedure when the removal is based upon the judgment of the medical community with whom the Paramedic works. C. 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 iudgment of the Department that the removed I l only if such removal is based on a determination by the Department 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 employee s to the standards of excellence de sired 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. -24- I I ARTICLE XIX 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 conditions: 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 incurred in the line of duty if and only if such injury is compensable under the Florida Workmen'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 agreement, to the point where the sum of the supplement herein provided and all other payments herein de scribed equal the employee I 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 commencement of the disability. E. The term disability as used in this Section means incapacity becaus e of the line of duty injury to earn in the same or any othe r employment the wage s which the employee was receiving at the time of injury. 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 compensation in the event of deai;h or injury incurred in any manner other than -25- . . I I in the line of duty. In the event of any dispute or disagreement concerning the interpretation of the t~rms of this Section, then the decisions concerning definition of those terms issued under the Florida 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 which the employee may have accrued. Section 2. It is the intention of the parties that nothirg in this Agreement shall interf'elre with the normal procedures under the Workmen's Compensation Laws or the requirements of the City's workmen's compensation insurance carrier. Subject to such intended limitations: A. An employee who is injured in the line of duty and whose condition require s hospitalization shall have the right to select his own hospital and his own physician. The choice shall be made by the injured person or if the condition prevents him from making such choice, by his family. The Firefighter shall at all times have the right to change his physician. If the injured Firefighter require s hospitalization and medical treatment outside the City of Clearwater, it shall be permitted and will not affect articles and sections of this Agreement. B. In other cases involving injuries in the line of duty which do not require hospitalization, 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, the City shall pay to the widow or heirs of such deceased employee his accumulated 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 d. one month's current salary of the employee. Section 4. 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. -26- , . I I ARTICLE XX LEA VES OF ABSENCE Section 1. Sick Leave for Family Illness. Sick leave will be accrued in the same manner that it is presently earned. An employee may utilize his accumulated 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 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 with pay because of the death of family members shall be continued, except that the time off shall not be charged against the employer's accumulated sick leave for absences following the death of the employee's spouse, children, brother, sister, or parents. Additional time may be granted by the Fire Chief. Section 3. Righttto Contribute Work. In the event that an employee's illness or physical incapacity should continue beyond the point where his accumulated 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. -27- . . I I ARTICLE XXI MISCELLANEOUS Section 1. When an employee is assigned in an acting capacity to a higher position he shall receive five percent (5%) above his current base rate of pay, after the employee has acted in the higher capacity for 240 hours in the fiscal year. Section 2. All life insurance premium contributions and plans,(j\trrently 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 companies offered by the City. Section 3. All members of the bargaining unit may wear the LA. F.F. pin on their uniforms. Section 4. The City shall continue to provide the clothing and protective device s currently supplied without cost to the employee. Section 5. 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 sub- contract 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. Section 8. The City shall provide liability insurance protection 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 -28- , ' ., , I I the employee's employment with the City when said employee is acting within the scope of his duties. Coverage shall be to the same extent that the City is covered for such claims and not including punitive damage. Section 9. To the extent that employees are presently allowed to play handball, such allowance shall continue for the duration of this Agreement. Section 10. 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 11. The current practice of college tuition reimbursements shall continue. Section 12. The Department shall counsel with any employee who is passed over by another candidate on the list of promotions. Section 13. The City agrees to continue the issue of all safety equipment presently issued to the members of the unit on the same basis as currently issued. Section 14. The Department shall submit all required time slips and pay requests to insure prompt payment of all provisions of this Agreement and that of the City Pay Plan. Section 15. The City shall pay for cleaning uniform tllousers, uniform jackets and bed blankets. Section 16. Employees covered by this contract shall not be required to perform lawn maintenance at the fire stations. Section 17. Notwithstanding anything to the contrary herein, persons selected for paramedic training, during the training period, shall work a normal combat schedule plus the hours necessary to attend training sessions, such additional time to be paid at the straight time hourly rate of pay. Section 18. Any employee whose appearance is required in Circuit Court or County Court as the result of a matter arising out of the course of his employment, shall receive a minimum of two (2) hours pay if such attendance is during the employee's off-duty hours. This same provision shall also apply when the employee is subpoenaed to appear at the State Attorney's Office, Public Defender's Office, or a private attorney's office, in a criminal -29- I I case arising from the employee's course of employment. However, this provision shall not apply when an employee or the Union has brought an action against the City or any City official. Section 19. Sick Leave Accrual. An employee may elect to apply 50% of his accrued sick leave toward an early retirement date, or may elect to draw a lump sum bonus equal to 50% of his accrued sick leave calculated at the salary rate applicable on his resignation date. The election is irrevocable. Section 20. The City will reimburse to the employee at the rate of Fourteen Cents ($. 14) per mile for each move a Firefighter is required to make, and use his own l1~hicle, after he has reported to his duty station; or, the City may elect to provide transportation. This distance will be computed by the City, so that both the City and employee can refer to a standard table to ascertain the distance between any two (2) Fire Stations. The money shall be paid September 30 of each year. In the event that an employee is transported in a City vehicle under the provisions of this part, the City will provide the employee transportation back tohis duty station at or before the end of the employee's tour of duty if the employee so requests. -30- I I ARTICLE XXII PHYSICAL EXAMINATION 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 innoculation 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. -31- '- I I AR TIC LE XXIII AMENDMENTS This Agreement may be amended at any time by the mutual written 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. -32- ,. I I ARTICLE XXIV 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 unenforceable, 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. The 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. -33- ,. " I I ARTICLE XXV CONTRACT ClSJNSTITUTES ENTIRE AGREEMENT OF THE PARTIES The parties acknowledge and agree that, during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter included by law within the area of collective bargaining and that all the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth5in 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 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 such subjects or matters may not have bean within the knowledge or contemplation of either or both parties at the time that they negotiated or signed this Agreement. This Agreement contains the entire 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. -34- ,. . I I ARTICLE XXVI DURA TION, MODIFICATION AND TERMINATION Section 1. This Agreement shall be effective as of the 1 st day of October, 1977, and shall continue in full force and effect until the 30th day of September, 1979, except as provided in Section 2 below. At least one hundred twenty (120) days prior to the termination of this Agreement, either party hereto shall notify the other, in writing, of its intention to modify, amend or terminate this Agreement. Failure to notify the other party of intention to modify, amend or terminate, as hereinabove set forth, will automatically extend the provisions and terms of this Agreement for a period of one (1) year, and each year thereafter absent notification. Section 2. Negotiations may be reopened on the subject of wages, insurance, hours of work, vacation and holidays only, for the period of September 30, 1978, to expiration. At least one hundred twenty (120) days prior to the expiration of the first year of this Agreement, either party hereto shall notify the other, in writing, of its intention to reopen negotiations on the subjects of wages, insurance, hours of work, vacation and/or holidays. Failure to so notify will automatically extend the Agreement in all its particulars, including wages, insurance, hours of work, vacation and holidays, for a period of one (1) year, and each year thereafter absent notification. -35- .4, ',.~.. I . 1 IN WITNESS WHEREOF, the parties hereto have hereunder set their hands 'Q: YO and seals this day of Atte st: oe~ L~.-,~~ tJ - ~ City Clerk Signed, sealed and delivered in the presence of: ~~~ ~~ 'J /.... ~,." " )0--, ,C ,7 ~ "//i ;-~7-:')~-:':..~,-~.L- ,J., (' -,-- {"Le:o ,Le..... As to the City Signed, sealed and delivered in the presence of: akM/cL->Y'd", 1~tdL~~ -7Jd1,.. I.A.F.F. ~ , 1978. CLEARWATER, FLOmDA By Countersigned: Mayor-Commissio INTERNA TIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO, Local 1158 By c:; ~1X~- ~/J1Jt -36- '.!Ii' ." I , .'. ~ ,> AMENDMENT TO AGREEMENT CITY OF CLEARWATER, FLORIDA and 1. A. F. F., AFL-CIO, Local 1158 In view of the fact that there is a typographical error in Article XV, Section 5 (page 19) of the Agreement between the City of Clearwater, Florida, and The International Association of Firefighters, AFL-CIO, Local 1158, executed March 20, 1978, the City and the Union hereby agree to the following language to constitute Article XV, Section 5, of said Agreement, as previously agreed upon at the bargaining table: Section 5. When an employee is called in more than twenty (20) minutes prior to the start of his regularly scheduled tour of duty or held over more than twenty (20) minutes, he shall receive a minimum of four (4) hours pay at the applicable rate. The City and the Union hereby further agree that this Amendment shall be attached to, and made an integral part of, said Agreement. IN WITNESS WHEREOF, the parties hereto have hereUlder set their hands and seals this 3rd day of April , 1978. INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO, Local 1158 BY~.~t.~ Pre sident CITY OF CLEAR WA TER, FLORIDA By (~x,J:~~ rank X. Kowalski Bargaining Agent Signed, sealed and delivered in the presence of: Signed, sealed and delivered in the presence of: ~,(j. ~ :'(::.:I~ /)hb tJU'<<.oA'.-) /As tq e City {/ cf ae;y /;7" j}4U?ud i ~ \:/.tA'z. /Yl /(1 p~ tl ' 'b~--oR- /As to the 1. A. F. F., Local 1158