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AGREEMENT (6) , . ~ .~ t ~ I AGREEMENT between CITY OF CLEARWATER, FLORIDA and J :~;: !.:!~ ::1 "/ r:;::' J" N ]fIJ5 '-'.I.... .). <:: _t':l~: INTERNA TIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO Local 1158 Fiscal Years 1984-85 1985-86 1986-87 '- ) '{ I , ' \ ARTICLE XX - LEAVES OF ABSENCE 62 ARTICLE XXI - MISCELLANEOUS 64 ARTICLE XXII - PHYSICAL EXAMINATIONS 68 ARTICLE XXIII - AMENDMENTS 70 ARTICLE XXIV - SEVERABILITY AND WAIVER 71 ARTICLE XXV - CONTRACT CONSTITUTES ENTIRE AGREEMENT OF THE PARTIES 72 ARTICLE XXVI - DURATION, MODIFICATION AND TERMINATION 73 , TABLE OF CONTENTS PREAMBLE ARTICLE I - RECOGNITION ARTICLE II - REPRESENT A TIVES OF PARTIES ARTICLE III - CITY'S MANAGEMENT RIGHTS ARTICLE IV - GRIEVANCE PROCEDURE ARTICLE V - NO STRIKE ARTICLE VI - STEWARDS ARTICLE VII - CHECK-OFF ARTICLE VIII - NO DISCRIMINATION ARTICLE IX - HOLIDAYS ARTICLE X - V ACA TIONS ART.ICLE XI - WAGES ARTICLE XII- PERSONNEL PRACTICES Section I - Pay Plan Section 2 - Promotional Examinations Section 3 - Promotional Lists Section 4 - Appointments Section 5 - Probationary Period Section 6 - Seniority Section 7 - Vacation Leave Section 8 - Sick Leave Section 9 - Absence Without Leave . Section 10 - Time Off From Duty ARTICLE XIII - POSTING OF AGREEMENT ARTICLE XIV - BULLETIN BOARD ARTICLE XV - WORK SCHEDULE ARTICLE XVI - WORK RULES AND PREVAILING RIGHTS ARTICLE XVII - SENIORITY LAY -OFFS ARTICLE XVIII- PARAMEDICS ARTICLE XIX - LINE OF DUTY INJURY PAY I ~ Page No. 2 3 4 5 8 9 10 II 12 14 11- 18 18 23 28 29 29 30 33 34 43 43 45 46 47 50 52 55 59 ~' " ~. '1 I I 1. PREAMBLE This Agreement is entered into by the City of Clearwater, Florida, hereinafter referred to as the "City" and Local 1158 of the International Association of Firefighters, 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. -1- " J I ARTICLE I RECOGNITION- Section I. - The City recognizes the Union as the exclusive bargaining representative in accordance with Chapter 447, Florida Statutes, as amended, effec- tive January I, 1975, for the following agreed upon bargaining unit: All persons in the classifications designated Firefighters, Fire Lieutenants, Fire Inspectors shall be in the bargaining unit. All others shall be excluded. Section 2. Should the City establish new job classifications within the Fire Department that are to be in the bargaining unit 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 classification. -2- ....J "I [ '. I I \ ARTICLE II REPRESENTATIVES OF PARTIES Section I. The City agrees that during the term of this Agreement it will deal only with the authorized representatives of the Union in matters requiring mutual consent or other official action called for by this Agreement. 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 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-employment related matters to such elected officials. -3- . J I " ARTICLE III CITY'S MANAGEMENT RIGHTS Section I. 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 services, in whole or in part; to transfer its operations, functions or services from or to, either in whole or in part, 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/or services. Section 2. If in the sole discretion of the City Manager or Mayor it is determined that civil emergency conditions exist, including, but not limited to, riots, civil disorders, hurricane conditions, or similar catastrophes or disorders, the provi- sions of this Agreement may be suspended by the City Manager or Mayor during the term of the declared emergency provided that wage rates and other direct monetary payments shall not be suspended. -4- .r I I ARTICLE IV GRIEVANCE PROCEDURE Section I. 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. 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 I. The aggrieved employee shall present orally or in writing his grievance to his Captain/Assistant Fire Marshall within ten (10) calendar days of the occurrence of the matter giving rise to the grievance. 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 Captqin/ Assistant Fire Marshall shall reach a decision and communicate it orally or in writing to the aggrieved employee within ten (10) 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 ten (10) 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 appropriate Division Head or his designee. The appropriate Division Head or his designee shall obtain the facts concerning the alleged grievance and shall, within ten (10) calendar days of receipt of the written grievance, meet with the aggrieved employee. The aggrieved -5- I I I, " employee may be accompanied at this meefing by a Union representative. The Division Head shall notify the aggrieved employee of his decision not later than ten (t 0) calendar days following the meeting date. Step 3. If the grievance is not settled at the second step, the aggrieved employee, within five (5) calendar days of the date of notification from the Division Head or his designee shall present the written grievance to the Fire Chief. The Fire Chief or his designee shall obtain the facts concerning the alleged grievance and shall, within ten (t 0) 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 representative. The Fire Chief or his designee shall notify the aggrieved employee of his decision not later than ten (10) 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 ten (10) 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 bindir:lg arbitration in the manner provided herein. SectiQn 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 request 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- . J I I 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 h-ave 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 parties. G. The arbitrator shall arbitrate solely the issue presented. H. Any decision of the arbitrator shall not be retroactive more than ten (10) days prior to date grievance submitted. Section S. 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 ten (I 0) 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 machinery. -7- I I ARTICLE V NO STRIKE Section I. 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 by the Union or other agents or representatives of the Union. Section 2. Should the Union or a majority of the Union employees covered by this Agreement within the City's Fire Department breach this Article, the City may then proceed against the UniQn as covered in F.S.C. 74-100, Section 447.019, and such sections of State <:Ind 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 I. There shall be one (I) Union Official in each district on each shift and one for fire inspection. 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/Fire Marshall or his relief to do so, and, provided further, that the employee and the Union Official shall not interfere with the normal operations of the Department. -9- I I ARTICLE VII CHECK-OFF Section I. 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 expenses in connection therewith based O'pon 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. -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 I. The following holidays shall be observed: New Year's Day Memorial Day Independence Day labor Day Veterans' Day Thanksgiving Day Christmas Day Day after Thanksgiving The above listed holidays will be paid according to the current practice, except that the following four holidays will be compensated at a premium rate of 16.8 hours base pay for employees on a 56 hour schedule: Christmas Day, Thanksgiving Day, New Year's Day, and Independence Day. Section 2. In addition to the holidays listed in Section I, each employee may receive four additional "floating 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', nor any day for which an employee is not scheduled to work, may be designated as a floating holiday. New employees hired prior to September 30 who meet compliance with or upon successful completion of State Minimum Standards training as a Firefighter and Emergency Medical Technicians training and after thirty (30) days of employment will receive four (4) "floating holidays." Section 3. Floating holidays will be selected after all vacation days and longevity days have been scheduled. It is not necessary for an employee to schedule -12- I I his floating holidays during the vacation selection process. Any employee selecting floating holidays after the vacation selection process will give the Department 72 hours' notice in writing of his/her request. This notice will be given to the Captain for his approval based on vacation selection criteria. This permission shall not be arbitrarily withheld. In case more than one employee requests a particular day and the Department determines that both employees may not be off duty on that particular day, the senior employee shall be given preference. Section 4. If the employee chooses not to take a floating holiday, he will make a written request to receive 11.2 hours of pay for 56-hour week or 8.0 hours of pay for 40-hour week in lieu thereof payable prior to December 31. -13- I I ARTICLE X VACATIONS Section I. Employees on the 56-hour schedule shall accrue paid vacation as follows: I - 3 years 6 duty days 4 - 6 years 7 duty days 7 - 10 years 8 duty days 11-14 years 9 duty days 15 - 17 years I 0 duty days 18 - more years I I duty days Employees on the 40-hour schedule shall accrue paid vacation as follows: I - 2 years I 0 duty days 3 years II duty days 4 years 12 duty days 5 years 13 duty days 6 years 14 duty days 7 years 15 duty days 8 - 10 years 16 duty days II - 12 years 17 duty days 13 - 14 years 18 duty days 15- 16 years 19 duty days 17 & over years 20 duty days -14- I I Section 2. If a holiday occurs during a vacation period, the employee shall receive holiday pay at the current rate. Section 3. With the consent of the Department, vacations will be selected by department seniority for regular vacations (6 duty days), with the senior employee on each shift selecting first. longevity vacation days will be selected in reverse seniority, after regular vacations have been scheduled. All vacation days and longevity days will be scheduled during the selection process. However, if an employee exercises his/her option to pass on scheduling these days, he/she must request permission from the Fire Chief or his designee, whose permission shall not be arbitrarily withheld, provided that: (I) an employee who is scheduling his/her retirement in the year for which vacation selection is being made may request of the Chief, in writing, that his/her longevity days be withheld for use by or payment. to the employee upon his/her retirement; or (2) an employee may opt not to select longevity days, thereby forfeiting his/her longevity day vacation selection preference rights, and may thereafter attempt to schedule such days individually. If times are not available due to scheduling conflicts or staffing needs, days not able to be scheduled during the calendar year shall be forf~ited by the employee. 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 physician. -15- I I 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. -16- I I ARTICLE XI WAGES Section I. Basic wage rates for all members of the bargaining unit shall be increased by: 5% for fiscal year 1981-1982, effective October I, 1984 5% for fiscal year 1982-1983, effective October I, 1985 5% for fiscal year 1983-1984, effective October I, 1986. Section 2. In addition to the rates above, the additional factors for compensa- tion as provided in the pay plan shall prevail. -17- J I ARTICLE XII PERSONNEL PRACTICES Section I. Pay Plan A.- An approximate five per cent increase over an employee's base pay shall be provided upon promotion. (Five per cent is determined by taking the difference between the employee's-current base rate before promotion and the base for the same pay step two ranges higher.) B. If a Firefighter, Fire lieutenant or Fire Prevention Inspector is receiving additional compensation over base pay under the provisions of Headquarters lieu- tenant assignment, Driver-Operator assignment, or leadworker assignment and upon promotion, the appl ication of an approximate five per cent increase over said base pay does not reflect an increase in overall compensation, such employee shall be placed in a pay step in the class to which promoted which will provide an increase over the former base pay and designated assignment pay. C. If a Firefighter, Fire lieutenant or Fire Prevention Inspector possesses EMT I certification, the following shall be done upon promotion: (I) If an employee was among personnel "grandfathered-in" to EMT I pay by the original and subsequent City-IAFF Contracts, such employee shall, upon promotion, be promoted in accordance with paragraphs A and/or B above and shall thereafter have the EMT I pay added as a supplement to the new base pay in the higher class. (2) If the employee was not IIgrandfathered-in" to EMT I pay by the otiginal and subsequent City-IAFF Contracts, but is currently certi- -18- I I fied as an EMT I to an emergency medical services team and receiving 5% EMT I incentive pay, such employee shall, upon promo- tion, be promoted in accordance with paragraphs A and/or B above. The employee shall receive no other pay consideration for EMT I duties except when such duties in the new position ate assigned in accordance with the current contract. (3) If the employee possesses EMT I certification but was not "grand- fathered-in" to EMT I pay by the original and subsequent City-IAFF Contracts and is not currently assigned EMT I pay duties to an emergency medical services team (and receiving incentive pay there- for), such employee shall not be given any consideration upon promotion for EMT I designation. . D. Paramedic pay shall not be considered in computing promotional payor placement; however, paragraph CO) will apply in cases where the employee is a "grandfathered" EM T I. E. If a Fire lieutenant who was "grandfathered-in" to EMT I pay by the original and subsequent City-IAFF Contracts changes his status from "line" to "paramedic" or "paramedic" to "line," the following shall apply to pay adjustment: (I) If a "line" Fire lieutenant or paramedic firefighter is receiving 5% "grandfathered" incentive pay and is subsequently assigned to, and functions as, a "paramedic" Fire lieutenant or paramedic firefighter, said employee shall receive 15% over base pay and the 5% "grand- -19- , I fathered" EMT I incentive pay shall be deemed to be incorporated therein. (2) If a "paramedic" Fire Lieutenant or paramedic firefighter drops from the paramedic program, whether voluntarily or involuntarily, said employee shall cease to receive the 15% incentive pay over base pay. However, if such employee was a "grandfathered" EMT I the employee shall then receive 5% EMT I Incentive over base pay, provided he meets the requirements therefor. F. Rate of Pay on Changes in Status - Each person who shall be inducted into a position in the classified service shall receive compensation at the minimum rate prescribed for the class of position except as provided in Rules for Administering the Pay Plan of the City of Clearwater, April I, 1965, and except as follows: (I) An employee who is demoted for lack of work occasioned by consolidation of a municipal function by another governmental agency, shall have his compensation fixed at the.step in the range for the class to which he is demoted which is the same as the rate which the employee previously received or at the highest step in the range 0 the class to which he is demoted if that class maximum rate is less than the employee previously received. Such employee shall be placed at the head of the re-employment list for the doss from which he was demoted. An employee otherwise demoted for lack of work, lack of funds or other causes beyond his control shall have his compensation fixed at the step in the range for the class to which he -20- I I is demoted which is next lower than the rate which the employee previously received. Such employee shall be placed at the head of the re-employment list for the class from which he was demoted. An employee who is demoted for any other reason shall have his compensation fixed at the step in the rate for the class to which he is demoted to which he would be entitled had his previous employment with the City been in such lower class. (2) An employee who is transferred from a position of one class to a position of another class shall continue to be paid at the same rate if such rate is on a step in the pay range for the new class or at the next higher step if hjs previous rate is between steps in the range for the new class. (3) An employee who is appointed from the re-employment list to a position in the department in which he previously served shall be paid at the step in the pay range which is equivalent to the step he was receiving when he was separated and shall be eligible for advance- ment to the next step when he shall have been re-employed a sufficient number of days to make up the number of days he lacked for eligibility at the time of separation. (4) An employee who is appointed from the re-employment list to a position in another department than that in which he was previously employed may be paid at the same step in the pay range at which he -21- J I " was being paid when separated, or any step within the range which is not above the step at which he was previously paid. (5) Hereafter, when an employee's position is or has been reclassified to a higher class, the employee may, upon approval of the Board and the Appointing Authority, be granted additional step increases above the minimum rate in order to give credit for the period of time the employee has been performing substantially the same duties and responsibilities of the higher class. (6) The Fire Chief, with the approval of the Appointing Authority, may assign any Fire lieutenant to Headquarters (Station III) duty for such period of time as wilt, in his opinion, best serve the interest of the City and within authorized limitations. Because of the additional responsibilities incidental to such assignments, the affected employee shall be paid in addttion to his regular salary, an amount equivalent to five per cent as determined in the current Pay Plan during the period thus assigned. This provision shall not be deemed to include short term assignments for vacation or other relief periods not in excess of 30 calendar days. (7) Firefighters who have successfully passed Fire Department examina,.. tion and/or test required for driver-operator and have been recom- mended by the Fire Chief and approved by the Appointing Authority, shall be paid, in addition to their regular salary, an amount equivalent -22- , . I l to five per cent as determined in the current Pay Plan while assigned to driver-operator duties. Section 2. Promotional Examinations (This section applies to promotions to the position of Fire lieutenant and Fire Inspector only.) A. Promotional examinations will be held within 30 days following the expiration of a previously existing promotional list. B. Each announcement of a promotional examination shall state: (I) The title of the class. (2) The nature of the work to be performed. (3) The names of the organization unit or units for which the examina- tion is given and of the organization unit or units and the lower class or classes of positions within such organization unit or units, of which employees shall be deemed entitled to compete in such examination. (4) The minimum qualifications which may be required for admission to the examination. (5) The general scope of the tests to be used. c. Eligibility for promotional examinations may be restricted to persons employed in designated lower classes and/or in designated organizational units. Such -23- J I '. . , persons shall be required to have completed their probationary period and have been certified to permanent status in the lower class and/or to have had such other length of experience in the lower class or classes as may in the' judgment of the Personnel Director be deemed appropriate for the particular examination. D. Disqualification of Applicants. The Personnel Director, on behalf of the Board, may reject the application of any person for admission to any examination or refuse to examine any applicant or to certify the name of an eligible for appointment if, in his opinion, it is found: (I) That the applicant fails to meet the established qualification require- ments for the position. (2) That the application was not filed on or before the closing date for receipt of applicd'tions specified in the public announcement. . (3) That the applicant has made a false statement as to any material fact, has practiced or attempted to practice deception or fraud in his application or in securing eligibility or appointment. This provision shall be interpreted to include the use of any other than the applicant's legal name in making application. (4) That the applicant is affected with any disqualifying disease or is physically or mentally unfit to effectively perform the duties of the position. -24- ,. I I (5) That the applicant has been guilty of any crime or infamous or notoriously disgraceful conduct. (6) That the applicant has a record of previous unsatisfactory service in City employment or elsewhere of such a nature as to demonstrate unsuitability for employment in a position of the class for which he is applying. (7) That the applicant has received a discharge other than honorable from the armed forces. (8) Any person who, by order of the Personnel Director, is denied permission to compete in any examination or whose eligibility is cancelled under the provisions of this Rule may make a written appeal to the Board for a final decision. E. Scope and Character of Examinations. (I) Provisions applying to promotional examinations: (a) All examinations, except transfer examinations, shall be competitive. (b) All examinations shall be of such character as to fairly determine the qualifications, fitness and ability of appli- -25- J f ": cants to perform the duties of the position to which appointment is to be made. -_ (c) Examinations may be assembled or unassembted, and tests may be written, oral, physical or performance, or a combi- nation of these types. They may take into consideration such factors (including age, experience, education, aptitude, capacity, knowledge, character, physical fitness, sex, and other qualifications) as, in the judgment of the Personnel Director, enter into the determination of the relative fit- ness of the applicants and may include inquiry into the moral character, or any other pertinent quality or attribute of the applicant. (d) No test or question in any examination shall be so framed as to call for or lead to disclosure of any information concern- ing any political or religious applications, preferences or opinions. Any disclosure thereof shall be discountenanced and any such information which may nevertheless be revealed shall be disregarded. (2) Any promotional examination may include any combination of the factors listed in Subsection (I) above, and shall include credit for seniority and efficiency as indicated by the candidate's performance rating reports for the most recent three (3) year period of his -26- I I employment with the City or during such portion thereof for which these reports may be available. Seniority credit will be granted to the candidate prior to computation of the final test grade. One-half point credit will be added for each full year of department service, up to a maximum of five points. Efficiency credit will be granted to the candidate prior to the computation of the final test grade and will be equitably and uniformly related to his employee performance reports for the aforementioned three (3) year period or for the period of time such reports are available. F. Rating of Examinations. (I) The earned credit rating of each candidate shall be determined by the weighted average of earned credit ratings, according to weights established and published or announced by the Personnel Director, or his designated representative, before the examination. The Personnel Director shall establish the minimum passing grade for any examina- tion. When properly authorized and published or announced before the examination, such minimum passing grade shall be deemed to be included herein and made a part hereof. (2) Where it is stated in the announcement that an applicant, to become eligible, must attain a specified acceptable rating in any written or performance test, the remaining tests need not be given to any competitor who is found not to meet such requirement, and if given, need not be rated. -27- J f G. Notification of Results. Each candidate shall be notified in writing of his name being placed on the eligible list or his failure to attain a place on the list. Any candidate may, within fifteen (15) calendar days following the mailing date of his notice of results, request permission to review his examination with the Personnel Director or his designated representative, and will be given reasonable opportunity to do so. H. Appeals from Ratings. (t) Any candidate may, within fifteen (15) calendar days from the date of initial review but in no event later than one month after the posting of employment list resulting from such test, notify the Personnel Director in writing that error, other than error of judg- ment, exists. The Personnel Director shall thereupon cause a review of such rating to be made. If, upon review, errors, other than error of judgment, which affect the candidate's rating, are found, such errors shall be corrected. In the event such review discloses error, affecting the rating of other candidates, the ratings of the other candidates shall also be corrected. (2) No change made in the ratings of any candidate shall be deemed to invalidate or in any way affect any certification or appointment previously made. Section 3. Promotional lists (This section applies to promotions to the positions of Fire lieutenant and Fire Inspector only). A. Promotion and Original Appointment lists. -28- I I The names of all persons who may be lawfully appointed and who shall have attained a passing grade on any promotional examination shall be placed on the appropriate promotional or original appointment list in the order of their final grade without regard to time of tests. The names of two or more el igibles having the same final grade shall be placed on the list by arranging the names in alphabetical order in case of a list for original appointment, or by arranging the names in order of seniority in the case of a list for promotion. B. Duration of lists. All promotional eligible lists, whether resulting from examinations having a closing date for receipt of applications or from continuous examinations shall be established for the term and period of two (2) years from the date of the examination which established such eligibility. Section 4. Appointments In certifying from a promq;tional list for the filling of a vacancy in a permanent . position, the Personnel Director shall certify the names of persons highest on the list consistent with the Rule of Five Rounded Scores. Section 5. Probationary Period Before or at the expiration of the probationary period, fhe Appointing Authority may, by presenting to the employee reasons for such action in writing, dismiss an employee serving an original probationary period, or in the case of an employee serving a probationary period following promotion, return such employee to his former position. A copy of such notice shall be filed with the Personnel Director. Any employee who shall have completed the prescribed probationary period without having been dismissed or returned to his former position shall be deemed to have permanent status in his class of position, provided: -29- I I (I) That the employee has made application to t.he Appointing Authority for certification to permanent status, and (2) That the Appointing Authority has issued to the employee a written certificate of permanent status, or (3) That within thirty (30) calendar days after the aforesaid application by the employee, the Appointing Authority neither discharges the employee nor certifies him to permanent status. An employee who has been dismissed or demoted in accordance with the foregoing provisions shall have no right of appeal and his name shall be removed from the appropriate eligibility list for the class from which he was dismissed or demoted. Section 6. Seniority A. Definition. Seniority is hereby defined as the length of continuous service in City employ- ment except as applied to vacation preference, promotions, layoffs, and assignments. B. How Measured. . (I) In the event an employee transfers from' the Fire Department to another position within the City, and at a later date, transfers back to the Fire Department, the seniority date for the purpose of layoff, promotions and transfers, shall be the date the employee transfers back into the Department. -30- I I (2) Any employee who transfers from another City department to the Fire Department shall retain full City seniority with regards to vacation and sick leave accrual. However, for purposes of layoff, departmental seniority shall prevail. In regards to pay and pensions, the applicable civil service rules shall apply. (3) In the event two or more employees have the same seniority date, the employee whose first letter of his/her last name is closest to the letter "A" shall have more seniority. (4) The seniority list on the date of this agreement shall reflect names, job titles, and seniority dates (departmental and City). of all employees. (5) The City will maintain a current seniority list at all times and will provide the Union with copies of such list in December and June of each yeat. (6) Emergency, provisional, seasonal and temporary port-time employees shall not accumulate seniority during any period of such employment. C. Continuous service shall mean employment by the City in a position in the classified service without interruption or break, except that the following shall not be considered as breaks in employment: (I) leaves of absence or time off with or without compensation granted pursuant to this Contract. The length of any such leave shall not be deducted from the length of continuous service in computing seniority. -31- I I I (2) layoffs. for lack of work, lack of funds, abolition of position, or because of material changes in duties or organization, not exceeding one year in length, followed by reinstatement or by appointment from the re-employment list. The length of any such layoff shall not be deducted from the length of continuous service in computing seniority. (3) Disability retirement if and when followed by reinstatement. The length of any such disability retirement shall not be deducted from the length of continuous service in computing seniority. (4) Suspensions in accordance with this Agreement. The length of any such suspension shall not be deducted from the length of continuous service. in computing seniority. (5) . Dismissals which shall subsequently be withdrawn or modified by the Appointing Authority or by action of the Board in accordance with this Agreement. The length of such separation shall not be deducted from.the length of co~tinuous service in computing seniority. (6) Resignations subsequently withdrawn, in accordance with this Agree- ment, within six (6) months after acceptance, followed by reinstate- ment or appointment from the re-employment list; provided, how- ever, that the actual length of separation from the service shall be deducted from the length of continuous service in computing seniority. -32- .. I I D.' Uses - In addition to the circumstances and conditions wherein, by the provisions of the Act and/or these Rules, seniority has been determined to be the controlling factor, it shall also be given reasonable consideration in determining the order of lay-off, the order of names on a re-employment list and in promotions in accordance with the rules governing those procedures. E. Transfer - In the event of a transfer or appointment from certification to another department, an employee shall retain all accumulated seniority. Section 7. Vacation leave A. Every full-time or permanent part-time employee who is compensated on a salaried or hourly rated basis shall be entitled to an annual vacation leave with pay at his regular salary or hourly rate in accordance with the provisions hereinafter set forth. B. The vacation year shall be a calendar year, and, except as hereinafter provided, the vacation shall be deemed to have been earned in the calendar year immediately preceding the calendar year in which it is taken or becomes due. Any vacation heretofore taken shall be construed to have been earned prior to the time it was taken. Except when specifically requested by the ,department head and approved by the Personnel Director, vacation leaves may not be anticipated but shall be taken as herein provided. C. A full-time permanent employee shall be deemed to have earned and be eligible for his first vacation on the first anniversary date of his employment, provided that such first ann'iversary date falls on or before the thirtieth day of September in that calendar year. In the event that such employee's first anniversary date falls after September 30 in that calendar year, the provisions of paragraph "D" hereunder wi II apply. The provisions of this paragraph contemplate continuous service as hereinafter defined. -33- I I " D. Thereafter, and during his continuous service as hereinafter defined, such employee shall become eligible for a vacation on the first day of each succeeding calendar year. E. In the event an employee is on a leave of absence without payor is absent because of sick leave without pay, time off without payor vacation without pay and the total of such absence or absences amounts to ninety (90) calendar days or more in any calendar year, the employee shall not be deemed to have earned a vacation in that calendar year . Section 8. Sick leave A. Members of the bargaining unit shall accrue sick leave in accordance with the schedule below: Scheduled Pay Period Hours Sick leave Hours Accrued Per Pay Period Number of Yearly Pay Periods Sick leave is Accrued Yearly Sick leave Hours 80 112 5.0 7.0 24 24 120 168 B. Sick leave may be accumulated without limit for each pay period the employee actually works, which shall be deemed to include ac;;tual work and periods when the employee is using accumulated sick leave (but not borrowed sick leave), holidays, vacation with pay, and the 90 day no-loss of pay injury time. Employees shall not accrue sick leave during any other period of time when they are in a non-work status. -34- I I C. All accumulated unused' sick leave shall be credited to any employee recalled from a lay off, transferred, or certified to another department or classifica- tion without break in service, appointed from a re-employment list or returning from a leave of absence. If the employee is promoted, demoted or transferred to another City position with a different Scheduled Pay Period Hours other than that defined above, that employee's sick leave balance will be adjusted to reflect equivalent days of sick leave earned, consistent with his/her new scheduled pay period hours. D. In the event an employee has been separated and paid for accumulated unused sick leave as hereinafter provided, or has been dismissed for cause and subsequently is re-employed by the City, his/her subsequent sick leave accumulations shall be calculated as a new employee. E. Under the provisions of this section, on employee may utilize his/her sick leave for absences from duty on any of his/her regularly scheduled work days for the number of regular hours he/she would otherwise have been scheduled to work on that day had not such absence occurred. Absence for a fraction of a day that is chargeable to sick leave in accordance with these provisions shall be charged by rounding to tenths of an hour according to the following: Minutes Tenths of an Hour 1-6 .1 7 - 12 .2 13 - 18 .3 19 - 24 .4 25 - 30 .5 31 - 36 .6 -35- .j I 37 - 42 .7 43 - 48 .8 49 - 54 .9 55 - 60 1.0 F. Sick leave shall not be considered a privilege to be used at the employee's. discretion, but shall be used only for absences: (I) Due to personal illness or physical incapacity caused by factors over which the employee has no reasonable immediate control. (2) Necessitated by exposure to contagious disease in which the health of others would be endangered by his/her attendance on duty. (3) Due to dent.al appointments, physical examinations, or other personal sickness prevention measures, the scheduling of which at times other than during his/her regular working hours is impossible or unreason- able. (4) Due to illness of a member of his/her immediate family which requires his/her personal care and attention, not exceeding in anyone calendar year, the accumulated number of scheduled work hours in the employee's regularly scheduled work week. The term "Immediate Family" as used in this paragraph shall mean parents, grandparents, children, grandchildren, brothers, sisters or husband/wife of the employee and the immediate family as herein referenced of the husbdnd/wife. -36- " I , (5) If an employee is under a doctor's care or if a member of the employee's immediate family is under a doctor's care and the doctor certifies that the employee's personal care and/or attention is required, said time of absence shall not be considered as grounds fo~ any discipline, provided that: (a) Personal sick leave is not used in excess of accumulated sick leave or sick leave advance as provided for in Section (H) of this Article; (b) Family sick leave shall not exceed that provided for in subparagraph (4), paragraph F, of this Section; or such personal sick leave or family sick leave is approved by the City Manager or his designee; (c) Employees being reviewed for sick leave use will not have job related injuries/illnesses, Workers' Compensation injuries/illnesses, or other injuries/illnesses verified by a doctor's excuse used against them when determining excessive use of sick leave. G. An employee absent for one of the reasons mentioned above shall inform his/her immediate supervisor as early as possible on the first day of absence. Failure to do so may be the cause for denial of sick leave with pay for the period of absence. In any event, the Departmental Rules shall govern the notification requirements. H. In the event that an empioyee's current illness or physical incapacity should continue beyond the point where his/her accumulated unused sick leave has been exhausted, he/she may, upon written request and the approval of his/her immediate -37- -I I supervisor, Department Director, and City Manager, and when substantiated by a statement from competent medical authority substantiating the continuance of such illness or incapacity, obtain a sick leave advance up to but not exceeding the amount of accumulated unused sick leave which the employee had to hjs/her credit at the time such current illness or physical incapacity began. The Personnel Director shall be immediately notified in writing of any such advance which shall be charged against the employee's sick leave account thereby creating an overdraft position. Such overdraft shall have the status of a loan by the City to the employee and shall be repaid: (I) By the subsequent accumulation of sick leave in the amount necessary to retire such loan, or (2) By repayment to the City of such portion of the salary previously , paid to the employee under the foregoing provisions as might be necessary to retire such loan. The employee shall not be entitled to use any additional sick leave until the loan has been repaid and in the event of his/her separation prior to such repayment, the City shall retain, from the monies otherwise due the employee an amount sufficient to retire such loan. Provided, however, that if the separation is the result of the death of the employee, the loan shall be forthwith cancelled and no claim for repayment shall be filed against his/her estate. The employee shall not accumulate sick leave while being paid with borrowed sick leave. I. Upon separation from the City service, an employee shall be paid one-half (Vz) of his/her accumulated unused sick leave, provided: (I) That the rate of payment shall be based on the regular bi-weekly salary of the employee (including longevity) at the time of separation -38-. I , for which his/her accumulated unused sick leave will be charged with twice the number of regularly scheduled hours of work for that employee in such bi-weekly period. If an employee is separated upon the termination of a leave of absence or the effective date of a resignation executed under the provisions of paragraph (3) of this sub- section, the rate of payment shall be based on the regular bi-weekly salary of the employee (including longevity) at the beginning of his/her leave of absence or the date the resignation was executed, and (2) That at the time of separation, the employee has had at least five (5) years of continuous service with the City. leaves of absence without pay, suspensions and lay-offs followed by subsequent re-employment shall not be considered as breaks in service; provided, however, that the length of such time-off or lay-off shall be deducted from the total length of service except that military leaves and leaves during which the employees are receiving Workers' Compensation salary supplement shall not be deducted, and (3) That the separation is involuntary on the part of the employee to the extent that it is occasioned by factors over which he/she has no immediate control, such as death, prolonged illness or physical or mental incapacity, inability to effectively perform duties because of physical condition, material changes in methods, procedures or organ- izations or for other reasons of like character as distinguished from -39- I I reasons such as voluntary separation to seek or accept other employ- ment, relocate, attend school, care for relative or friends or reasons of like character. If the separation is the result of the death of the employee, his/her estate shall receive payment. An employee who is dismissed for cause shall have no claim for sick leave payment. Notwithstanding the foregoing provisions of this paragraph, an employee who may otherwise be eligible for retirement under the City Employees' Pension Plan or Federal Social Security or Firemen's Relief and Pension Fund or who may be approaching such eligibility date, and whose purpose in leaving is to retire under either program, may utilize one-half (I'z) of his/her accumulated unused sick leave to the extent thereof to aQvance his/her retirement date. In that event .the employee shall execute a resignation to become effective on the date that such accumulated unused sick leave would be exhausted. Such resignation shall be irrevocable and retirement shall begin at the time such resignation becomes effective. In the interim, payment for accumulated unused sick leave shall be made as a continuation of the employee's regular bi-weekly salary Oncludng longevity) from which all regular payroll deductions shall be made in order to preserve his/her retirement status. Accumulated unused sick leave will be charged as outlined in paragraph (I) of this sub- section. J. An employee may not utilize his accumulated sick leave absence for absences resulting from an injury arising out of and in the course of employment, other -40- " I I than Cit)' employment, for which monetary or other valuable consideration is received' or expected. Any employee who utilizes accumulated sick leave, or who attempts to utmze accumulated sick leave, for absences resulting from an injury arising out of and in the course of employment, other than City employment, may be terminated or suspended, as in the City's judgment, is appropriate. K. Except in the cases of injury occurred in the line of duty with the City, employees shall not be entitled to use sick leave until the completion of six (6) calendar months of continuous service following the date of original appointment. L. The employee shall be required to submit evidence in the form of.a medical certificate, of the adequacy of the reasons for his/her absence during the period of time for which sick leave is granted: (I) When the illness of an employee necessitates an absence for three (3) consecutive scheduled work days or more; (2) When requested by the Department Director. M. Whenever an employee has advance knowledge that he will require a sick leave of more than thirty (30) calendar days' duration, he shan submit a written request to his immediate supervisor. On approval of the supervisor and department head, the request shall be forwarded to the City Manager for its approval which must be secured prior to such leave. Each request of this nature shall be supported by evidence in the form of a medical certificate, of the adequacy of the reason for such sick leave. The manager may require further medical reports from time to time on all sick leave in excess of thirty (30) calendar days. -41- I I " N. An employee on duty injured in an accident, arising out of and in the course of his City employment, may elect to be continued on the payroll tothe extent of his accumulated unused sick leave as hereinafter provided. An employee receiving sick leave with pay under the provisions of this sub-section who simultaneously receives income under the Workers' Compensation Act shall receive, for the duration of such income and to the extent of his accumulated unused sick leave, only that portion of his regular salary which will, together with said income equal his regular salary. In that event, the employee's accumulated unused sick leave shall. be charged only in the same proportion as his sick leave payment is to his regular bi-weekly salary which shall be deemed to be that same proportion of the number of regular hours he would otherwise have been scheduled to work for the day, week or other period involved, rounded out to the nearest tenth of an hour. O. These sick leave provisions are designed for the protection and benefit of · eligible employees and represent a considerable investment by the City. Few employee benefits can equal the satisfaction and security of a continuing paycheck when illness or accident occurs and yet experience has shown that none is considered .more lightly or subject to more abus~. Every effort has been made to encourage the conservation of these benefits for the purposes designated and the provisions hereof contemplate equitable and honorable utilization by affected employees. Fairness, therefore, dictates the reminder that the use of sick leave for purposes other than those designated herein will be considered a major rule infraction to be followed by disciplinary action up to and including dismissal. The Personnel Director and the Appointing Authority assume a joint responsibility in this respect and any supervisor who knowingly condones or disregards unauthorized or improper use of sick leave benefits will be held fully accountable. -42- I I Section 9. Absence Without leave A. Any employee who is absent from duty for three (3) consecutive work days without notice and valid reason therefor shall be deemed to have voluntarily terminated his City employment and to have vacated his position and will be separated from the payroll as a dismissal, unless a leave of absence is subsequently granted under any of these rules. B. The failure of an employee to report for duty at the expiration of a leave of absence or vacation leave with or without pay, shall be deemed an absence without leave. Section 10. Time Off From Duty A. An employee shall be granted necessary time-off from his/her duties with compensation for any of the following reasons, (I) Attendance at professional or other; conventions, institutes, courses, or meetings when such attendance, is appraved by the Fire Chief or his designee. (2) Attendance at in-service training and other in-service meetings when approved by the Fire Chief or his designee. The provisions of this - paragraph s~1I be deemed to include authorized safety meetings. B. The Union may request up to thirteen (13) duty days per Fiscal Year to be excused for Union business, conferences, and training. Any unused portion of the balance is to be carried over into the next contract year. Jointly related business between the City and the Union shall not be subject to deduction from the bank, however, the Union acknowledges that such time needed for arbitration hearings will be chargeable to the account. In any event, the Fire Chief or his designee, may at his -43- I' I discretion deny any request not made at least 72 hours in advance and submitted by a Union~Officer, or which renders the Department staffed below that level which the Chief determines to be necessary. -44- 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 (Y:2) of the cost of duplication. -45- I I ARTICLE XIV BULLETIN BOARDS The City agrees to provide a 2 feet X 4 feet 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. The Captain will continue to ,include the union notices in the intra-departmental mail which he delivers to the stations. -46- " I I ARTICLE XV WORK SCHEDULE Section I. COMBA T DIVISION: Shifts to start at eight (8:00) A.M. and end at eight (8:00) 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 (see sample monthly work schedule below). Sun. Mon. Tues. Wed. Thurs. Fri. Sat. I work 2 off 3 work 4 off 5 work 6 off 7 off 8 off 9 off 10 work II 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 24 off 25 off 26 off 27 off 28 work 29 off 30 work, etc. INSPECTION DIVISION: Inspectors will work in shifts of 8:00 A.M. to 4:30 P.M. and 8:30 A.M. to 5:00 P.M., Monday through Friday, with a thirty minute lunch break for each inspector. The Chief reserves the right to assign the 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 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 less than thirty (30) days notice and, if requested, bargain with the Union concerning the anticipated change. -47- I I . . ~ "' 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. 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 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. -48- .' I I 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. Section 5. When an employee is called in at least twenty (20) minutes prior to the start of his regularly scheduled shift, he will be paid a minimum of four (4) hours at the applicable rate. The City may require the employee to remain on duty for the duration of the four (4) hour period or for-as long as he is needed, at the option of the City. When an employee is held over more than twenty (20) minutes, he will be paid a minimum of two hours at the applicable rate. The City may require the employee to remain on duty for the duration of the two-hour period or for as long as he is needed, at the option of the City. -49- I I '. ARTICLE XVI WORK RULES AND PREVAILNG RIGHTS Section I. 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 the implementation of any changes in the existing Fire Department Rules and Regulations, the Fire Chief must provide ten days notice and ~t up a meeting to discuss such change. Any proposed rule change the Union does not agree with must be submitted to the Civil Service Board, which shall conduct a public hearing on the proposed change, affording the Union an opportunity to be heard. The Civil Service Board will prepare written findings and recommendations. If the Chief takes an action inconsistent with the Board's findings and recommendations, he must submit in writing his reasons for doing so, indicating the areas in which he disagrees with the Board. He will submit a copy to the Secretary of the Civil Service Board, and to the Union. 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 -50- ,I I I 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 I, 2 and 3. -51- I ~ '., ARTICLE XVII SENIORITY AND LAY -OFFS Section I. A. In the event of lay-offs, all probationary status Firefighters shall be laid off before any permanent status Firefighters or any Fire Lieutenants or Fire Prevention Inspectors. The order of layoff of probationary Firefighters shall be determined by management evaluations of the performance and potential of the employees. B. In the event further layoffs are required, such layoffs shall be accomplished by class groups of Firefighter, Fire Lieutenant and Fire Prevention Inspector. Notwithstanding anything to the contrary contained in this Agreement, Management shall determine the number of employees to be laid off and the class or classes involved. Within the involved classes, layoffs shall be accomplished by the following groupings: Group A: Group B: Group C: Group D: Employees with one through three years of service in the Clearwater Fire Department or as a Fire Lieutenant or as a Fire Prevention Inspector. Employees with four through six years of service in the Clearwater Fire Department or as a Fire Lieutenant or as a Fire Prevention Inspector. Employees with seven through nine years of service in the Clearwater Fire Department or as a Fire Lieutenant or as a Fire Prevention Inspector. Employees with ten through twelve years of service in the Clearwater Fire Department or as a Fire Lieutenant or as a Fire Prevention Inspector. -52- .. i'< J I Group E: Employees with thirteen through fifteen years of service in the Clearwater Fire Department or as a Fire lieutenant or as a Fire Prevention Inspector. Group F: Employees with sixteen through eighteen years of service in the Clearwater Fire Department or as a Fire lieutenant or as ,a Fire Prevention Inspector. Group G: Employees with nineteen or more years of service in the Clearwater Fire Department or as a Fire lieutenant or as a Fire Prevention Inspector. All employees in Group A must be laid off before any employees listed in Group 8; all employees in Group 8 must be laid off before any employees listed in Group C; etc. Within each group, employees shall be ranked by management and employees laid off by the rank order established. Management rating of employees can be based upon performance evaluations by management of the preceding three year period (if available), suspensions and written reprimands, and physical ability to perform the job. Employees classed as Fire lieutenants or Fire Prevention Inspectors shall have the right to accept a demotion to Firefighter and be placed in the Group for Firefighter based on total service with the Clearwater Fire Department. Management will provide a list of the rank order within Groups prior to the layoff. 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 further reduction in force, the same shall be accomplished in accordance with Section I above and the process be continued down through the ranks. -53- I I " 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. The Fire Chief shall give written notice to the Personnel Director and to the affected employee(s) including the President of the Union, on any such proposed layoff. Such notice shall state the reason thereof and shall be submitted thirty (30) days before the effective date of proposed layoff. -54- ~ I I ARTICLE XVIII PARAMEDICS Section I. 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 such as that 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, or such other name as is attached to personnel performing the functions contemplated by the parties hereto. A Siomedic is a Paramedic who is assigned to maintain paramedic equipment. Section 2. The titles of Paramedic and Siomedic are not a se~arate job classifications within the Fire Department and those employees assigned as Paramedic/Siomedic shall continue in ,the rank they hold while being assigned as Paramedic/Siomedic. Section 3. No employee assigned as a Paramedic/Siomedic shall be held ineligible to participate in promotional examinations held in the City's Fire Department nor shall service as a Paramedic/Siomedic otherwise disqualify an employee from promotion. Section 4. When a Paramedic/Siomedic is required by the Department to attend classes or seminars in furtherance of his continuing education in the delivery of emergency medical services he will be compensated at straight time for hours spent in attendance and such time will not be included in the hours worked by the employee; -55- I I " provided, that an employee will be guaranteed a minimum of three (3) hours pay of straight time. However, an employee who is required to attend but does not do so (except for sickness, vacation, or other authorized leave) shall be subject to discipline, provided the employee is given seven (7) days' notice. Section 5. 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 bargaining unit . Section 6. 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, provided the employee retains his stafecertification as an E.M.T. I. C. 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 equip- ment use9 in Paramedic services shall receive 21'2% 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. F. The Department agrees to publish a semi-annual list of all E.M.T. I and Paramedic employees and the dates of expiration of their certification. The Department also agrees to contact ,the appropriate person at St. Petersburg Junior College and request that a refresher course be set up, but cannot agree to bind the Junior College. -56- <' ,J ) I G. Any member of the bargaining unit is eligible to participate in the E.M.T. I training program as classes in the program become available; provided, however, that th~ Chief reserves the right to deny a request if manpower would be significantly impaired. Those members completing the course and becoming state certified, will be eligible for 5% incentive pay, when so assigned. The member will be required to maintain certification in order to be eligible to receive the incentive pay. Section 7. Assignment and Removal as Paramedic A. The assignment of employees as Paramedics shall be at the discretion of the Department. The Fire Department, with input from the Union, shall prepare a competitive examination for assignment to Biomedic. The Union committee shall consist of one (I) Senior Para'!ledic per shift. The Union understands that Biomedic is not a promotional position or a separate job classification. The examination will specify the minimum qualifications and define precisely the role (if any) merit evaluation, City seniority, Departmental seniority and paramedic seniority would play in the competitive. process. B. The removal of the assignment as Paramedic/Biomedic shall not be subject ,to the contractural grievance procedure or civil service grievance procedure when the removal is based upon the judgment of the medical community with whom the Paramedic/Biomedic works. C. The removal of the assignment as Paramedic/Biomedic 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/Biomedic was not performing to the standards desired by the Department or the medical community. -57- , . J I ': D. The removal of the assignment as Paramedic/Biomedic 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 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/Biomedics work in relation to performance of employees to the standards of excellence desired by the City or the medical community. Section 8. The parties a9ree that Paramedics/Biomedics are not professional employees within the meaning of the Florida Public Employees Relations Act. Section 9. If the application of this Article, or any part thereof, whether or not relating to pay, is superseded by action of a superior governmental agency, then the City will be absolved of complying with this Agreement to the extent of the conflict. -58- " II I I ARTICLE XIX LINE OF DUTY INJURY PAY Section I. 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 Workers' Compensation law. C. The amount of co~pensation paid shall be the amount required to supple- ment funds received from the Florida Workers' 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 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 commencement 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 any other employment the wages 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 -59- j I " lJ compensation 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 Florida Workers' 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 nothing in this Agreement shall interfere with the normal procedures under the Workers' Compensation laws or the requirements of the City's workers' compensation insurance carrier. Subject to such intended limitations: A. An employee who is injured in the line of duty and whose condition requires 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 requires 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 spouse, or if there is no surviving spouse, the estate, of such deceased employee his accumulated severance pay. Within forty-eight (48) hours of the death of the -60- <! * I I 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 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. Section 5. Failure to immediately report a line of duty injury at the time of the occurrence to either the employee's immediate supervisor, the City Nurse, the Safety Officer on proper forms, within twenty-four (24) hours of the line of duty injury, if possible, shall cause the City to not pay the compensation under this Section. -61- I I l!, ,., ARTICLE XX LEAVES OF ABSENCE Section I. 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 Article XII, Section 8.F.(4) of this Agreement) up to a maximum of 56 hours and 40 hours for 40-hour personnel in each fiscal year; provided that so much of the 56 hours or 40 hours that is not used in one year may be carried over and used in the next succeeding year. Section 2. Funeral leave A. An employee shall be allowed up to three (3) ,shifts off with pay in the event of a death in the immediate family, which shall be limited to spouse,-children, or parent, brother, sister, stepmother, stepfather, or any other blood relative living urfder the s<;Jme roof as the employee. This is not chargeable to sick leave. B. An employee shall be granted up to two (2) shifts off with pay in the event of a death in the family specifically defined as mother-in-law, father-in-law, grandmother, grandfather, sister-in-law, or brother-in-law. This is chargeable to sick leave. C. Additional time-off may be granted by the Fire Chief, or his designee. Furthermore, any employee availing himself/herself of a provision in this Section must notify the Fire Chief or his/her District Commander of such intent as soon as possible. Section 3. Right to Contribute Work In the event that an employee's illness or physical incapacity should continue ' beyond the point where his/her accumulated sick leave, if any, has been exhausted, -62- ..J I I he/she may elect to have other qualified employees of the Department perform his/her regular duties; provided that such substitution would not require overtime compensation for the substitute and the maximum allowable contributed time to any one employee is a total of 90 calendar days for the duration of this contract.. Section 4. Any funeral leave, other than provided for in Section 2 above, will be governed by Article XII, Section 8.E. -63- J I ARTICLE XXI MISCELLANEOUS -64-' " I I the loss or abuse of clothing, protective devices, or safety equipment provided by the City. 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 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. Section 8. The City agrees to defend any employee when the employee is sued on any claim arising out of his employment with the City ,and acting within the scope of his duties. The employee agrees to cooperate in his defense. The City also agrees to pay any judgment rendered against an employee for acts committed when the employee is acting within the scope of his City employment, provided that the employee did not act intentionally, with malice, or with gross negligence. 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 II. Members of the bargaining unit shall be entitled to participate in the City-wide tuition reimbursement program on the same basis as all other employees. -65- I I '. Section 12. The Department shall counsel with any employee who is passed over by another candidate on the I ist of promotions. Section 13. Employees covered by this contract shall not be required to perform lawn maintenance at the fire stations. Section 14. Notwithstanding anything to the contrary herein, persons selected for paramedic training, during the training period, shall y.'ork 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 15. 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 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 16. 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 17. The City will reimburse to the employee at the rate of Twenty Cents ($.20) per mile for each move a Firefighter is required to make, and use his/her own vehicle, after he/she has reported to his/her duty station; or, the City may elect to provide transportation. This distance will be computed by the City, so that both the -66- ~;: ' I I -67- J I "~ ARTICLE XXII PHYSICAL EXAMINATION Section I. Employees covered by this labor agreement who are forty (40) years of age or older shall be required to undergo an annual physical examination as scheduled by the Fire Department. In addition to the above, it is agreed by the parties that physicals for employees covered by this labor agreement shall be given as follows: Paramedics - annually 30 - 39 years of age - every 2 years 18 - 29 years of age - every 3 years Section 2. The employer shall determine the extent of the examination and bear the cost of each examination. The results of these physicals shall be made available to the City and to each employee upon' completion of the physical. Physicals shall include but not necessarily be limited to the following: I. Stress EKG - where indicated and at di.scretion of examining physician. 2. SMA Profile 12 (liver, blood sugar, etc.) 3. Chest X-Ray 4. Complete Blood Count 5. Urinalysis 6. Rectal Cancer Exam 7. Doctor's Physical (eyesight, reflexes, hearing, throat, etc.) 8. Breast /Cervical Cancer Exam (Females) 9. Audiometric Evaluation Section 3. The City agrees to pay all expenses for innoculation or immunization shots for employees and members of an employee's family residing in his/her household -68- . .. t I I when such becomes necessary as a result of said employee's exposure to contagious disease 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. Section 4. The parties agree that the physical condition of the employee is of great concern to the employee and to the City. The parties agree that all empioyees may be required to participate in a physical fitness exercise program set up jointly by the Union and management. -69- I I ARTICLE 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. -70- , . ~ 1 ~ ~ , , I I ARTICLE XXIV SEVERABILITY AND WAIVER Section I. 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-e~ercise by the City or the Union of the rights covered by this ~greement 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 I'!lutually satisfactory replacement for such articles or sections. -71- I I f ~ " -\ ARTICLE XXV CONTRACT CONSTITUTES 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 forth in this Agreement. Therefore, the City and the Union, for the life of this Agreement, each voluntarily and unqualifiedly waive 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 been 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. -72- - ~ ,,. 't: I I ARTICLE XXVI \. :, DuRATION, MODIFICMION AND TERMINATION ->.;. This Agreement shall be effective as of the 1st day of October, 1984, and shall continue in full force and effect until the 30th day of Septemb~, J~e7...Arle!JSt one hundred twenty (120) days prior to the termination of this Agr.~emeut1, ~T1tI~~.l?atJY , "f Ai ..: ~'~... -~ .:.:.... : '::-P-: ' hereto shall notify the other, in writing, of its intention to moc!ify':, ~~~~ ter~j~e this Agreement. Failure to notify the other party of intentl~nta.~odifY, _~~~~d'{)r terminate, as hereinabove set forth, will automatically extendrthe- pro'visions and terms of this Agreement for a period of one (I) year, and each year thereafter absent notification. -73- -- . .. , I "-. t . IN WITNEi WHEREOn~ereto have. hereunder set their hands and seals this .I I day of _ , 198J.~ Attest: CITY OF CLEARWATER, FLORIDA - -'. - -p:- - . .' .'L---' -/ · : -'''... -} ..' ,. ',. ; ~~.La.-.'~" -~. C.ilY~Clerk - .....':... - e /- ~~~ ~. ... . - -~. ,.,...:", ~ - ~ " ~ - - - - , - e' _ .. Approved 'os to form and correctness: Countersi gned: 'i~l(~ Chief Assistant City Attorney Signed, sealed and delivered in presence of: INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL...cIO, Local 1158 ~. ((lu~h.7 ~~ As to City By ~ Z/~ 1/ \-t,&A~a j~~' ~ -(j, ~ As to I. .F.F. -74- 006809