AGREEMENT (7)
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A G R E E MEN T
between
CITY OF CLEARWATER, FLORIDA
and
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO
Local 1158
Fiscal Year 1987-88
)
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TABLE OF CONTENTS
PREAMBLE
ARTICLE I - RECOGNITION
ARTICLE II - REPRESENTATIVES OF PARTIES
ARTICLE III - CITY'S MANAGEMENT RIGHTS
ARTICLE IV - GRIEVANCE PROCEDURES
ARTICLE V - NO STRIKE
ARTICLE VI - STEWARDS
ARTICLE VII - CHECKOFF
ARTICLE VIII - NO DISCRIMINATION
ARTICLE IX - HOLIDAYS
ARTICLE X - VACATIONS
ARTICLE XI - WAGES
ARTICLE XII - PERSONNEL PRACTICES
Section 1 - 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 AND LAYOFFS
ARTICLE XVIII - PARAMEDICS
ARTICLE XIX - LINE-OF-DUTY INJURY PAY
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ARTI CLE XX - LEAVES OF ABSENCE 58
ARTICLE XXI - MISCELLANEOUS 60
ARTICLE XXII - PHYSICAL EXAMINATIONS 64
ARTICLE XXII I - AMENDMENTS 66
ARTICLE XXIV - SEVERABILITY AND WAIVER 67
ARTICLE XXV - CONTRACT CONSTITUTES ENTIRE AGREEMENT
OF THE PARTI ES 68
ARTICLE XXVI - DURATION, MODIFICATION AND TERMINATION 69
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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.
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ARTICLE I
RECOGNITION
Section 1. The City recognizes 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:
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.
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ARTICLE I I
REPRESENTATIVES 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
mutual consent or other official action called for by this Agreement. Authorized
representatives shall be defined as elected Officers of the Union and duly
elected or appoi nted stewards, provi ded that not i fi cat i on has been provi ded in
writing to the Office of the Fire Chief at least twenty-four hours in advance or
next regular work day of 40 hour personnel. The Union agrees to notify the City
of the name of such authori zed representatives as of the execution of thi s
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.
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ARTICLE III
CITY'S MANAGEMENT RIGHTS
Section 1. Except as expressly limited by any provision of this Agreement,
the City reserves and retains excl us i ve 1 y a 11 of its norma 1 and inherent ri ghts
wi th respect to the management of its operations, whether exerci sed or not,
including, but not limited to, its rights to determine, and from time to time
redetermi ne, the number, 1 ocat i on and type of its va ri ous operat ions, funct ions
and services; the methods, procedures and policies to be employed; to discontinue
the conduct of any ope rat ions, functions or servi ces, 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 requi rements determi ned 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 layoff, 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.
Secti on 2. If in the sole di scret i on 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 provisions 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.
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ARTICLE IV
GRIEVANCE 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.
Probationary employees (only new hires) shall not have access to the
grievance procedures during the probationary period with respect to disciplinary
action including termination. The Preamble to this Agreement shall not be cited
as the sole basis for a grievance.
Section 2. All grievances filed shall refer to the specific section of
thi s Agreement upon whi ch the gri evance is based and sha 11 conta in a conci se
statement of the facts all eged to support the gri evance. Gri evances sha 11 be
processed in accordance with the foll owi ng procedure and sha 11 be determi ned by
appl i cat i on of the terms of thi s Agreement, the 1 aws of the United States, the
State of Florida, and the Charter and Ordinances of the City of Clearwater.
Step 1. The aggrieved employee or employees shall present in writing
on approved grievance form, his (their) grievance to his (their) Captain/Fire
Marshal within twelve (12) 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 Captain/Fire
Marshal shall reach a decision and communicate it in writing to the aggrieved
employee within twelve (12) calendar days from the date the grievance was
presented to him.
Step 2. I f the gri evance is not sett 1 ed in the fi rst step, the
aggrieved employee, within twelve (12) calendar days of the date of the answer in
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the first step, shall present it to the Fire Chief or his designee. At the same
time, a copy may be forwarded to the Ci ty Manager's Offi ce by the Uni on for
informational purposes. The Fire Chief or his designee shall obtain the facts
concerning the alleged grievance and shall, within twelve (12) calendar days of
receipt of the written grievance, meet with the aggrieved employee. The
aggrieved employee may be accompanied at this meeting by his Union
representative. The Fire Chief or his designee shall notify the aggrieved
employee of his decision not later than twelve (12) calendar days following the
meeting date.
Step 3. If still unresolved, the grievance and all responses may be
submitted to the City Manager or his designee within twelve (12) calendar days.
Within twelve (12) calendar days from receipt, the City Manager shall notify the
employee, in writing, of his decision.
Section 3.
In the event that the grievance is unresolved, the matter
may 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
not ice to the other and sha 11 at the same time request a 1 i st of fi ve (5)
arbitrators from the Federal Mediation and Conciliation Service.
B. Within seventy-two (72) 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. The party seeking arbitration
shall strike the first and third names.
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
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to the controversy inquest i on and he sha 11 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. When a deci si on is made by the arbitrator, the non-prevail i ng
party shall pay all costs of the arbitrator and for attendance and transcripts,
if necessary, and shall reimburse the other party for such payments, if
necessary.
F. The arbitrator shall arbitrate solely the issue presented.
G. Any decision of the arbitrator shall not be retroactive more than ten
(10) days prior to date grievance submitted.
Section 5. Nothing contained herein shall prohibit the employee from
utilizing the Civil Service grievance machinery, except that once an employee
proceeds accordi ng to the steps in thi s 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 repri mand shall be commenced withi n twelve (12) days of the action
gi vi ng ri se to the gri evance and sha 11 be commenced inStep 2 of the gri evance
procedure unless the employee elects to utilize the Civil Service grievance
machinery.
Section 7. If the aggrieved employee fails to receive notice from the
responsible City party, in a timely manner, at any step in the grievance
procedure, the grievance shall automatically be advanced to the next step,
including the last step. If the aggrieved employee fails to advance the
grievance as provided herein the grievance shall be deemed denied and abandoned.
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Section 8. When a grievance has been resolved in any employee's favor at
any step in the grievance process, including arbitration, the City will make a
diligent good faith effort to eliminate the condition that gave rise to the
grievance for other employees of the Department, so as to avoid repetitious
grievances.
Section 9.
All of the time limits contained in this Article may be
extended by mutual written consent of the parties.
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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,
slowdown, 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. The parties specifically
incorporate herein the provisions of FS 447.505, 447.507 and 447.509.
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 Union as covered in FS 447 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.
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ARTICLE VI
STEWARDS
Sect ion 1.
There shall be one (1) 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 or work area outside a Fire Station without prior permission of the
Assistant Chief/Fire Marshal 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.
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ARTICLE VI I
CHECKOFF
Section 1. The City sha 11 deduct dues and uni form assessments owed by the
employee to the Union in an amount certified to be correct by the Union
Secreta ry- Treasurer on a bi week 1 y bas is; provi ded, that pri or to such deduct ion
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 upon the
City's participation in dues deduction.
Section 4. Nothing contained herein shall require the City to deduct from
a salary or be otherwise involved in the collection of Union fines, penalties or
special assessments.
Section 5. In the event an employee's salary earnings within any pay
peri od, after deductions for withho 1 di ng, pens i on or soci a 1 security, hea lth
and/or other standard deductions, are not sufficient to cover dues it will be the
responsibility of the Union to collect its dues for that pay period from the
employee.
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ARTICLE VI II
NO DISCRIMINATION
Section 1. 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.
Section 2. All references in this Agreement to employees of the male
gender are used for convenience only and shall be construed to include both male
and female employees.
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ARTICLE IX
HOLIDAYS
Section 1. 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 1 i sted hol i days wi 11 be pai d accordi ng 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 1, each employee
may receive four additional "floating holidays." For such floating holidays the
employee sha 11 recei ve hi s regul ar rate of pay for such day if he does not work
that day, but sha 11 not recei ve addi t i ona 1 compensat ion. Nei ther the ho 1 i days
listed in Section 1, 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 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
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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 apart i cul ar day and the Department determi nes 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.
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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:
(1) 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 se 1 ect longevity days, thereby forfeiting
hi s/her 1 ongevi ty day vacation se 1 ect i on preference ri ghts, 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 forfeited 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.
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.
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ARTICLE XI
WAGES
Sect ion 1.
Basic wage rates for all members of the bargaining unit shall
be increased by:
5% for fiscal year 1987-1988, effective October 1, 1987.
Section 2. In addition to the rates above, the additional factors for
compensation as provided in the Pay Plan shall prevail.
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ARTICLE XII
PERSONNEL PRACTICES
Sect ion 1.
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 Lieutenant assignment, Driver-Operator assignment, or Leadworker
assignment and upon promotion, the application 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:
(1) 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 "grandfathered-in" to EMT I pay by the original
and subsequent City-IAFF Contracts, but is currently certified as an
EMT I to an emergency medi ca 1 servi ces team and recei vi ng 5% EMT I
incentive pay, such employee shall, upon promotion, be promoted in
accordance with paragraphs A and/or B above. The employee shall
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recei ve no other pay cons i derat i on for EMT I duties except when such
duties in the new position are assigned in accordance with the current
contract.
(3) If the employee possesses EMT certification but was not
"grandfathered-i n" to EMT I pay by the ori gi na 1 and subsequent City-
IAFF Contracts and is not currently assigned EMT I pay duties to an
emergency medical services team (and receiving incentive pay therefor),
such employee sha 11 not be gi ven any cons i derat i on upon promotion for
EMT I designation.
D. Paramedic pay shall not be considered in computing promotional payor
placement; however, paragraph C(1) will apply in cases where the employee is a
"grandfathered" EMT I.
E. I f a Fi re Lieutenant who was "grandfathered-i n" 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:
(1) 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,
sai d employee shall recei ve 15% over base pay and the 5%
"grandfathered" 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
sha 11 then recei ve 5% EMT I i ncent i ve over base pay, provi ded he meets
the requirements therefor.
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F. Rate of Pay on Changes in Status - Each person who sha 11 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 1, 1965, and except
as follows:
(1) 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 of 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 class from which he was demoted. An
employee otherwi se demoted for 1 ack of work, 1 ack 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 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 whi ch he was demoted. An employee who is demoted for any other
reason shall have hi s compensation fi xed 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 his previous rate is between steps in the range for
the new class.
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(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 advancement to the next
step when he shall have been re-employed a sufficient number of days to
make up the number of days he 1 acked for e 1 i gi bi 1 i ty 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 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
Appoi nt i ng Authority, be granted addit i ona 1 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 Fi re Chi ef, with the approva 1 of the Appoi nt i ng Authority, may
assign any Fire Lieutenant to Headquarters (Station #1) duty for such
period of time as will, in his opinion, best serve the interest of the
City and withi n authori zed 1 i mitat ions. Because of the addit i ona 1
responsibilities incidental to such assignments, the affected employee
shall be paid in addition to his regular salary, an amount equivalent
to fi ve per cent as determi ned in the current Pay Pl an duri ng 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.
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(7) Firefighters who have successfully passed Fire Department examination
and/or test requi red for dri ver-operator and have been recommended by
the Fire Chief and approved by the Appointing Authority, shall be paid,
in addition to their regular salary, an amount equivalent 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:
(1) 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 examination
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 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.
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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:
(1) That the applicant fails to meet the established qualification
requirements for the position.
(2) That the application was not filed on or before the closing date for
receipt of applications 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 appl i cant is affected with any di squa 1 ifyi ng di sease or is
physically or mentally unfit to effectively perform the duties of the
pos it ion.
(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
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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.
(1) 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 applicants
to perform the duties of the position to which appointment is
to be made.
(c) Examinations may be assembled or unassembled, and tests may be
written, oral, physical or performance, or a combination of
these types. They may take into consideration such factors
(including age, experience, education, aptitude, capacity,
knowl edge, character, phys i ca 1 fi tness, sex, and other
qualifications) as, in the judgment of the Personnel Director,
enter into the determi nat i on of the re 1 at i ve fitness 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
ca 11 for or 1 ead to di scl osure of any i nformat ion concerni ng
any political or religious applications, preferences or
opi ni ons. Any di scl osure thereof sha 11 be di scountenanced 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 (1) above, and shall include credit for seniority
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and efficiency as indicated by the candidate's performance rating
reports for the most recent three (3) year period of his employment
with the City or duri ng such portion thereof for whi ch these reports
may be available. Seniority credit will be granted to the candidate
pri or to computat i on of the fi na 1 test grade. One-ha 1 f poi nt credi t
will be added for each full year of department service, up to a maximum
of fi ve poi nts. Effi ci ency credi t wi 11 be granted to the candi date
prior to the computation of the final test grade and will be equitably
and uniformly related to his employee performance reports for the
aforement i oned three (3) year peri od or for the peri od of time such
reports are available.
F. Rating of Examinations.
(1) The earned credit rating of each candi date sha 11 be determi ned by the
weighted average of earned credit ratings, according to weights
established and published or announced by the Personnel Director, or
hi s des i gnated representative, before the exami nat ion. The Personne 1
Director shall establish the minimum passing grade for any examination.
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
compet itor who is found not to meet such requi rement, and if gi ven,
need not be rated.
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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.
(1) Any candi date may, withi n fifteen (15) ca 1 endar days from the date of
i nit i a 1 revi ew but in no event 1 ater 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 judgment, 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
rat i ng of other candi dates, the ratings of the other candi dates sha 11
also be corrected.
(2) No change made in the ratings of any candi date sha 11 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.
The names of a 11 persons who may be 1 awfu 11 y appoi nted and who sha 11 have
attained a passing grade on any promotional examination shall be placed on the
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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 eligibles having
the same fi na 1 grade sha 11 be placed on the 1 i s t by a rrangi ng 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 promotional 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, the 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:
(1) That the employee has made application to the 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
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(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.
Seni ority is hereby defi ned as the 1 ength of continuous servi ce in City
employment except as applied to vacation preference, promotions, layoffs, and
assignments.
B. How Measured.
(1) 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.
(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 hislher last name is closest to the
letter "A" shall have more seniority.
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(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
year.
(6) Emergency, provisional, seasonal and temporary part-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 cl ass i fi ed servi ce wi thout interruption or break, except that the fo 11 owi ng
shall not be considered as breaks in employment:
0) 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.
(2) Layoffs for lack of work, lack of funds, abolition of position, or
because of materi a 1 changes in duties or organi zat ion, not exceedi ng
one year in 1 ength, fo 11 owed by rei nstatement or by appoi ntment from
the re-employment 1 i st. The 1 ength of any such 1 ayoff sha 11 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) Di smi ssa 1 s whi ch sha 11 subsequent 1 y be withdrawn or modifi ed by the
Appointing Authority or by action of the Board in accordance with this
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Agreement. The length of such separation shall not be deducted from
the length of continuous service in computing seniority.
(6) Resignations sUbsequently withdrawn, in accordance with this Agreement,
within six (6) months after acceptance, followed by reinstatement or
appoi ntment from the re-employment 1 i st; provi ded, however, that the
actual length of separation from the service shall be deducted from the
length of continuous service in computing seniority.
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 layoff, 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 Personne 1 Di rector, va cat ion 1 eaves may not be anti ci pated but
shall be taken as herein provided.
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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 anniversary 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 will apply. The provisions of this paragraph contemplate
continuous service as hereinafter defined.
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 1 eave of absence wi thout 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:
Sick Leave Number of Yearly
Scheduled Pay Hours Accrued Pay Periods Sick Yearly Sick
Period Hours Per Pay Period Leave is Accrued Leave Hours
80 5.0 24 120
112 7.0 24 168
B. Sick leave may be accumulated without limit for each pay period the
employee actually works, which shall be deemed to include actual 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.
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C. All accumulated unused sick leave shall be credited to any employee
reca 11 ed from a 1 ay off, trans ferred, or cert ifi ed to another depa rtment or
cl assifi cat i on without break in servi ce, appoi nted from a re-employment 1 i st 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, an 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
37 - 42 .7
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43 - 48
49 - 54
55 - 60
.8
.9
1.0
F. Si ck 1 eave sha 11 not be considered a pri vi 1 ege to be used at the
employee's discretion, but shall be used only for absences:
(1) Due to personal ill ness or phys i ca 1 i ncapaci ty 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 dental 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 husband/wife.
(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 for
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;
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(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 injuriesl
illnesses, or other i njuri es/ill nesses verifi ed 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 employee'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 approva 1 of hi s/her
immediate supervisor, Department Director, and City Manager, and when
sub stant i ated by a statement from competent medi ca 1 authority substant i at i ng 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 his/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:
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0) By the subsequent accumu 1 at i on of sick 1 eave 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 hislher 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 hislher estate. The employee
shall not accumulate sick leave while being paid with borrowed sick leave.
1. Upon separation from the City service, an employee shall be paid one-
half (-1/2) of his/her accumulated unused sick leave, provided:
(1) That the rate of payment shall be based on the regular biweekly salary
of the employee (including longevity) at the time of separation 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 biweekly 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 subsection, the rate of
payment shall be based on the regular biweekly 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 servi ce with the City. Leaves of absence without
pay, suspensions and layoffs followed by subsequent re-employment shall
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not be considered as breaks in service; provided, however, that the
1 ength of such time-off or 1 ayoff sha 11 be deducted from the tota 1
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
menta 1 i ncapaci ty, i nabi 1 i ty to effectively perform duties because of
phys i ca 1 condi t ion, materi a 1 changes in methods, procedures or
organizations or for other reasons of like character as distinguished
from reasons such as voluntary separation to seek or accept other
employment, relocate, attend school, care for relative or friends or
reasons of 1 i ke 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 I Pension Pl an or Federa 1 Soci a 1 Securi ty or Fi remen' s Re 1 i ef
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 (1/2) of his/her accumulated unused sick leave to the extent
thereof to advance 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
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unused sick leave shall be made as a continuation of the employee's
regular biweekly salary (including longevity) from which all regular
payro 11 deductions shall be made in order to preserve hi slher
ret i rement status. Accumu 1 ated unused sick 1 eave wi 11 be charged as
outlined in paragraph (1) of this subsection.
J. An employee may not utilize his/her accumulated sick leave absence for
absences resulting from an injury arising out of and in the course of employment,
other than City employment, for which monetary or other valuable consideration is
recei ved or expected. Any employee who utili zes accumu 1 ated sick 1 eave, or who
attempts to utilize 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 1 i ne of duty wi th 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:
(1) 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 shall submit a written
request to his immediate supervisor. On approval of the supervisor and department
head, the request shall be forwarded to the Ci ty Manager for its approva 1 whi ch
must be secured pri or to such 1 eave. Each request of thi s nature sha 11 be
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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.
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 to the
extent of his accumulated unused sick leave as hereinafter provided. An employee
receiving sick leave with pay under the provisions of this subsection 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 biweekly 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 abuse. 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
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in this respect
and any
supervisor
use of sick
who knowingly condones
leave benefits will
or
be
disregards
held fully
unauthorized or
accountable.
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
termi nated hi s City employment and to have vacated hi s 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 1 eave.
Section 10. Time Off From Duty
A. An employee shall be granted necessary time-off from hislher duties
with compensation for any of the following reasons,
0) Attendance at profess i ona 1 or other conventions, i nst itutes, courses,
or meetings when such attendance, is approved by the Fire Chief or his
designee.
(2) Attendance at in-service training and other in-service meetings when
approved by the Fi re Chi ef or hi s designee. The provi s ions of thi s
paragraph shall 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
improper
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des i gnee, may at hi s di scret i on deny any request not made at 1 east 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.
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ARTICLE XI II
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 receipt of copies of this Agreement, to supply individual
copies of this Agreement to each current member of the bargaining unit and
thereafter to provide an individual copy to each new bargaining unit member within
thirty (30) days of their becoming a barga-;ning unit member. The City and the
Uni on shall each bear one-ha 1f 0/2) of the cost of production of the copi es of
the Agreement (250 copies - 200 for Union; 50 for City) The Agreement shall be
printed on 8 1/2 x 11 inch paper, shall be bound, and shall have a cover and back.
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ARTICLE XIV
BULLETIN BOARDS
The City agrees to provide a 2 feet X 4 feet space on bulletin boards at
each Fi re Station for posting by the Uni on 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.
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COMBAT 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.
1 work 2 off 3 work 4 off 5 work 6 off
8 off 9 off 10 work 11 off 12 work 13 off
15 off 16 off 17 off 18 off 19 work 20 off
22 off 23 work 24 off 25 off 26 off 27 off
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
schedu 1 ed hours. Pri or to making any such change, the City sha 11 provi de the
Union not less than thirty (30) days notice and, if requested, bargain with the
Union concerning the anticipated change.
Section 3. The current practice of selecting individuals required for
overtime work shall be continued except that a list shall be maintained so as to
I
ARTICLE XV
WORK SCHEDULE
Sect ion 1.
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Sat.
7 off
14 work
21 work
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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 des i ri ng the exchange not i fy the company offi cer 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 a 11 owed 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 agreei ng to fi 11 in for another member is ob 1 i gated 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. Further, upon request, the City shall meet with the Union to bargain
acceptable changes in the exchange practice.
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Section 5. When an employee is called in 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.
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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
whi ch are, in the judgment of the City, re 1 ated to the purposes of the Fi re
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
set 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
pub 1 i c heari ng on the proposed change, affordi ng the Uni on an opportuni ty 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
recommendat ions, he must submit in writing hi s reasons for doi ng so, i ndi cat i ng
the areas in whi ch he di sagrees 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 confl i cts wi th thi s Agreement sha 11 be subject to the gri evance
procedure contained herein.
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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 sha 11 not be changed by the City in an
arbitrary or capricious manner; provided that nothing contained herein shall limit
the City's rights under Sections 1, 2 and 3.
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ARTICLE XVI I
SENIORITY AND LAYOFFS
Sect ion 1.
A. In the event of layoffs, 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
determi ned by management eva 1 uat ions of the performance and potentia 1 of the
employees.
B. In the event further layoffs are required, such layoffs shall be
accompl i shed by cl ass groups of Fi refi ghter, Fi re Lieutenant and Fi re 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: Employees with one through three years of service in the
Clearwater Fire Department or as a Fire Lieutenant or as a Fire Prevention
Inspector.
Group B: Employees with four through six years of service in the
Clearwater Fire Department or as a Fire Lieutenant or as a Fire Prevention
Inspector.
Group C: Employees with seven through nine years of service in the
Clearwater Fire Department or as a Fire Lieutenant or as a Fire Preventioh
Inspector.
Group D: Employees with ten through twelve years of service in the
Clearwater Fire Department or as a Fire Lieutenant or as a Fire Prevention
Inspector.
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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 B; all employees in Group B must be laid off before any employees listed in
Group C; etc. Wi thi n each group, employees sha 11 be ranked by management and
employees laid off by the rank order established. Management rating of employees
can be based upon performance eva 1 uat ions by management of the precedi ng 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
Fi re Department. Management wi 11 provi de a 1 i st of the rank order wi thi n Groups
prior to the layoff.
Section 2. If reduction in force requires the layoff 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 1 above and the process be continued down through the
ranks.
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Section 3. No new employee shall be hired until the employee on layoff has
been given an opportunity to return to work at his original seniority date and
position; provided, that after one year of layoff the employee shall cease to
accrue seniority and that such re-employment rights shall cease after five (5)
years from the date of layoff.
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.
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ARTICLE XVI I I
PARAMEDICS
Section 1. A Paramedic is an employee within the City's Fire Department
who is assigned by the Department to perform emergency medical services in an
emergency medical services program and who has successfully completed and passed a
Paramedic training program recognized by the Department and approved by the local
medical community as providing advanced training in the D.O.T. Paramedic such as
that offered at the St. Petersburg Juni or Co 11 ege, 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 Biomedic is a Paramedic who is assigned to maintain
paramedic equipment.
Section 2. The titles of Paramedic and Lead Paramedic are not a separate
jOb classifications within the Fire Department and those employees assigned as
Paramedic/Biomedic shall continue in the rank they hold while being assigned as
Paramedic/Biomedic.
Section 3. No employee assigned as a Paramedic/Biomedic shall be held
ineligible to participate in promotional examinations held in the City's Fire
Department nor shall service as a ParamediclBiomedic otherwise disqualify an
employee from promotion.
Section 4. When a Paramedic/Biomedic is required by the Department to
attend cl asses or semi nars in furtherance of hi s conti nui ng 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; provided, that an employee will be guaranteed a minimum of three
(3) hours pay at straight time. However, an employee who is required to attend
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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 state certification 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 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.
F. The Department agrees to publish a semiannual list of all E.M.T. and
Paramedi c employees and the dates of expi rat i on of thei r cert i fi cat ion. The
Department also agrees to contact the appropriate person at St. Petersburg Junior
Co 11 ege and request that a refresher course be set up, but cannot agree to bi nd
the Junior College.
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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 the 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
(1) Seni or Paramedi c per shi ft. The Uni on understands that Bi omedi cis 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 contractual 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 contractual 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.
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D. The removal of the assignment as Paramedic/Biomedic shall be subject to
the contractual 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
within
agree
that
professional 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.
the
meaning
of
Paramedics/Biomedics
the Florida Public
are not
Employees
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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 sha 11 be deemed to have been incurred in the 1 i ne of duty
if and only if such injury is compensable under the Florida Workers' Compensation
Law.
C. The amount of compensation paid shall be the amount required to
supplement 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 (4) 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.
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F. It is the intent of this Section to provide supplemental compensation
for line-of-duty injuries only, and this Section shall not be construed to provide
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 sha 11 interfere with the norma 1 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 1 i ne of duty and whose condi t ion
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.
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Section 3. If an employee is killed in the line of duty, the City shall
pay to the spouse, or if there is no survi vi ng spouse, the estate, 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
chi 1 dren or the employee's dependent benefi ci ary 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.
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ARTICLE XX
LEAVES 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 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,
chi 1 dren or parent, brother, sister, stepmother, stepfather, or any other blood
relative living under the same 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, grand mother, 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
cont i nue beyond the poi nt where hi s/her accumu 1 ated sick 1 eave, if any, has been
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exhausted, 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 anyone employee is a total of 90 calendar days for the duration of this
contract.
Secti on 4. Any funera 1 1 eave, other than provi ded for inSect ion 2 above,
will be governed by Article XII, Section 8.E.
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ARTICLE XXI
MISCELLANEOUS
Section 1. When an employee is assigned in an acting capacity to a higher
position he/she shall receive 5% above his/her current base rate of pay, after the
employee has acted in the hi gher capacity for 144 hours duri ng the duration of
this Agreement (commencing October 1, 1984), provided that no payment will be made
or accrual toward the 144 hours will be calculated unless the employee has acted
in the higher position for a minimum of 8 consecutive hours. Furthermore,
employees presently in the Department will be permitted to grandfather in any
hours they have already accrued under any prior collective bargaining agreement as
an express exception to this provision.
Section 2. All life insurance premium contributions and plans currently in
force sha 11 continue for the duration of thi s Agreement. The selection of an
insurance company shall be free and without prejudice and of the employee's choice
from the twelve companies offered by the City. The Union agrees to participate in
discussions of alternative programs.
Section 3. All members of the bargaining unit may wear the I.A.F.F. pin on
their uniforms.
Section 4. The City shall continue to provide the initial clothing and
protective devices currently supplied, or their equivalent, and initial safety
equipment currently supplied, without cost to the employee, as well as replacement
for supplies damaged through normal wear and tear. The employee pays for what
he/she loses and what is abused, provided the Department can document employee
negligence contributed to the loss or abuse of clothing, protective devices, or
safety equipment provided by the City.
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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.
Secti on 10. The current practice of payi ng accrued ri ghts and benefits to
the designated beneficiary or next-of-kin upon the death of an employee shall
continue.
Section 11. 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.
Section 12. The Department shall counsel with any employee who is passed
over by another candidate on the list of promotions.
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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 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 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 Uni on has brought an act ion 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 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
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vehicle under the provisions of this part, the City will provide the employee
transportation back to his/her duty station at or before the end of the employee's
tour of duty if the employee so requests.
Section 18. Health Insurance
The City agrees to meet wit~ the I.A.F.F. and other City of Clearwater union
representatives to review the health insurance program for the purpose of reducing
the cost of such program for the City and the employees.
The City further agrees to provi de the I. A. F . F. with such i nformat i on as
woul d be requi red to formul ate such a benefit package and to cooperate with the
I.A.F.F. and other unions to obtain pertinent information from the present
carri er. Unt 11 a benefit package is formu 1 ated and put into operation, the City
agrees to continue the current benefits.
Any information received by either party from the Consultant or from another
carrier will be shared with the other party.
Section 19. All members of the bargaining unit are required to launder
their own shirts, uniform trousers, uniform jackets and bedding. The City agrees
to compensate each employee by a 1 ump sum payment of $250.00 per year. Each
employee must supply his/her own sheets and pillow cases.
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ARTICLE XXII
PHYSICAL EXAMINATION
Section 1. 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:
1. Stress EKG - where indicated and at discretion of examining
physician.
SMA Profile 12 (liver, blood sugar, etc.)
Chest X-Ray
Complete Blood Count
2.
3.
4.
5.
6.
7.
8.
9.
Urinalysis
Rectal Cancer Exam
Doctor's Physical (eyesight, reflexes, hearing, throat, etc.)
Breast/Cervical Cancer Exam (Females)
Audiometric Evaluation
Section 3. The City agrees to pay all expenses for inoculation or
immunization shots for employees and members of an employee's family residing in
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his/her household 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
employees may be required to participate in a physical fitness exercise program
set up jointly by the Union and management.
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ARTICLE XXII I
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.
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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.
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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 thi s Agreement, whether or not such matters have been
di scussed, even though such subjects or matters may not have been withi n 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.
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ARTICLE XXVI
DURATION, MODIFICATION AND TERMINATION
Thi s Agreement shall be effective as of the 1st day of October, 1987, and
shall continue in full force and effect until the 30th day of
September, 1988. At 1 east one hundred twenty (20) days pri or to the termi nat ion
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.
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IN WITNESS WHEREOF, the parties hereto have hereunder set their hands
,~\ (;t
and seals this Lf day of '-~~/-^^~ -D<j, , 19rt'."-Y
';- \
Attest:
CITY OF CLEARWATER, FLORIDA
'-I ,'r' " /,j :.'
. '-.l , ' /~. '.
ci t~-'c;e~~kJ" ( ". ~'-'~~-CA
BY~;~~ "rh)rl-~:.c
t-// Interim City Manager
Approved as t~_form,and
correctness:
~~J>
..../ '/
City Attorney U
Signed, sealed and
delivered in presence of:
INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS, AFL-CIO, Local 1158
B~ " QQ..~
Y~ident, Local 1158
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