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AGREEMENT (8) ~ ae f rr=vx~ II 'L:pv-- fa/r q(~/ ) I A G R E E MEN T between CITY OF CLEARWATER, FLORIDA and INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO Local 1158 Fiscal Years 1988-89 1989-90 ~.., I . nl, -')r- ,- '. ,-.. , w --.i l<')'\ : ! ,-~.J I I TABLE OF CONTENTS Page No. PREAMBLE 1 ARTICLE 1 - RECOGNITION 2 ARTI CLE 2 - REPRESENTATIVES OF PARTIES 3 ARTICLE 3 - CITY'S MANAGEMENT RIGHTS 4 ARTI CLE 4 - GRIEVANCE PROCEDURES 5 ARTICLE 5 - NO STRIKE 9 ARTI CLE 6 - STEWARDS 10 ARTICLE 7 - CHECKOFF 11 ARTICLE 8 - NO DISCRIMINATION 12 ARTICLE 9 - HOLIDAYS 13 ARTICLE 10 - VACATIONS 16 ARTI CLE 11 - WAGES 18 ARTICLE 12 - PERSONNEL PRACTICES 19 Section 1 - Pay Plan 19 Section 2 - Promotional Examinations 24 Section 3 - Promotional Lists 28 Section 4 - Appointments 28 Section 5 - Probationary Period 29 Section 6 - Vacation Leave 29 Section 7 - Sick Leave 30 Section 8 - Absence Without Leave 38 Section 9 - Time Off From Duty 38 ARTICLE 13 - POSTING OF AGREEMENT 40 ARTICLE 14 - BULLETIN BOARD 41 ARTICLE 15 - WORK SCHEDULE 42 ARTICLE 16 - WORK RULES AND PREVAILING RIGHTS 45 ARTICLE 17 - SENIORITY AND LAYOFFS 46 ARTICLE 18 - PARAMEDICS 51 ARTICLE 19 - LINE-OF-DUTY INJURY PAY 54 I I ARTICLE 20 - FUNERAL LEAVE 57 ARTICLE 21 - MISCELLANEOUS 58 ARTICLE 22 - PHYSICAL EXAMINATIONS 63 ARTICLE 23 - SUBSTANCE USE AND TESTING 65 ARTICLE 24 - AMENDMENTS 67 ARTICLE 25 - SEVERABILITY AND WAIVER 68 ARTICLE 26 - CONTRACT CONSTITUTES ENTIRE AGREEMENT OF THE PARTIES 69 ARTICLE 27 - DURATION, MODIFICATION, AND TERMINATION 70 APPENDIX I 71 LETTER OF UNDERSTANDING - WORSHAM AND STREICHER 72 LETTER OF UNDERSTANDING - SELBY 73 I I 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 harmoni ous re 1 at ions between the City and the Uni on, to estab 1 i sh an orderl y and peacefu 1 procedure to settle di fferences whi ch mi ght ari se, and to set forth the basi c and full agreement between the parties concerning wages, rates of pay, and all other terms and conditions of employment. 1. I ARTICLE 1 RECOGNITION I Section 1. The City recognizes the Union as the exclusive bargaining representat i ve in accordance with Chapter 447, Flori da Statutes, as amended, effective January 1, 1975, for the following agreed upon bargaining unit: All persons in the classifications designated Firefighters, Fire Lieutenants, and Fire Prevention Inspectors shall be in the bargaining unit. All others shall be excluded. Section 2. Should the City establish new job classifications within the Fire Department that are to be in the bargaining unit the City shall, not less than thirty (30) days prior to staffing such classification, provide notice to the Union of the establishment of such classification, and, if requested, bargain with the Union concerning wage rates and hours of employment for such classification. 2 . I ARTI CLE 2 REPRESENTATIVES OF PARTIES I 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 ifi cat i on has been provi ded in writing to the Office of the Fire Chief within 72 hours of any change in elected Officers or appointed stewards. 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 Uni on and the employees covered hereunder shall dea 1 on 1 y wi th the Ci ty Manager or his representative in matters requiring mutual consent or other official action and specifically the Union agrees that neither the Union nor the employees hereunder shall seek to involve the City's elected officials in the administration of this Agreement or otherwise in the operation of the City's Fire Department; provided that nothing contained herein shall restrict an employee's opportunity to present non-employment related matters to such elected officials. 3. I ARTICLE 3 CITY'S MANAGEMENT RIGHTS I Section 1. Except as expressly limited by any provision of this Agreement, the City reserves and retains exclusively all of its normal and inherent rights 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 vari ous operations, functions and services; the methods, procedures and pOlicies to be employed; to discontinue the conduct of any operations, functions or services, in whole or in part; to transfer its operations, functions or services from or to, either in whole or in part, any of its departments or other divisions; to select and direct the working force in accordance with requirements determined by the City, to create, modify or discontinue jOb classifications; to establish and change working rules and regulations; to establish and change work schedules and assignments; to transfer, promote or demote employees; to 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. Section 2. If in the sole discretion of the City Manager or Mayor it is determined that civil emergency conditions exist, including, but not limited to, riots, civil disorders, hurricane conditions, or similar catastrophes or disorders, the 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. 4 . I ARTICLE 4 GRIEVANCE PROCEDURE I Section 1. A grievance shall be defined as any difference, dispute or complaint regarding the interpretation or application of the terms of this Agreement including Civil Service Rules and Regulations. A grievance may be fi 1 ed by an aggri eved employee or the City, as herei na fter provi ded. Where any provision of this Agreement involves responsibility on the part of the Union whi ch, in the vi ew of the City, is not properl y bei ng carri ed out, the City may present the issue as a grievance. If such grievance cannot be resolved by discussion between the City and the Union on an informal basis, the grievance shall be initiated at Step 3 of this procedure by the Assistant City Manager - Administration or his designee and submitted in writing to the Union President. If not resolved within twelve (12) calendar days following receipt by the Union of the written grievance, the City may submit the grievance to arbitration under the provisions of this Article. 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 this Agreement upon which the grievance is based and shall contain a concise statement of the facts all eged to support the gri evance and shall be signed by the grievant. Grievances shall be processed in accordance with the following procedure and shall be determined by application of the terms of this Agreement, the laws of the United States, the State of Florida, and the Charter and Ordinances of the City of Clearwater. 5. Step 1. The1aggrieVed employee or emPloyeesl 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 settled in the fi rst step, the aggrieved employee, within twelve (12) calendar days of the date of the answer in 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 (2) 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 sti 11 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. 6. 7 . Section 6. Grievlnces arising out of the dischJge, demotion, suspension or written reprimand shall be commenced within 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. 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. 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. 8 . I ARTICLE 5 NO STRIKE I 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. Section 3. Should any member of the bargaining unit be found guilty of striking as defined in Chapter 447, Florida Statutes, he shall be sUbject to dismissal, and it is expressly agreed that such violation constitutes just cause for di smi ssa 1 . 9 . I ARTICLE 6 STEWARDS I 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 hi s Shift Steward or other Uni on Offi cer duri ng 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. 10. I ARTICLE 7 CHECKOFF I Secti on 1. The City sha" deduct dues and uniform 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 deduction the Union has provided the City with a signed statement from each employee whose dues are to be deducted that such deduction is authorized; provided, further that such authorization is in a form satisfactory to the City. Section 2. Notwithstanding anything herein to the contrary, any authorization for dues deduction may be cancelled by the employee upon thirty (30) days written notice to the City and the Union. Secti on 3. The Uni on shall i ndemni fy and ho 1 d harml ess the Ci ty 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 period, after deductions for withholding, pension or social security, health 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. 11. I ARTICLE 8 NO DISCRIMINATION I 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. Section 3. Any claim of discrimination under Federal or State civil rights laws and the ADEA by an employee against the City, its officers or representatives shall not be grievable or arbitrable under the provisions of Article 4 but shall be subject only to the method of review prescribed by law. Nothing herein contained shall preclude the right of an employee to grieve and arbitrate disciplinary action taken by the City. 12. I ARTICLE 9 HOLIDAYS I 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 ho 1 i days will be paid accordi ng to the current practice, except that the fOllowing four special 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 up to four additional "floating holidays." Floating holidays shall be awarded at the beginning of each calendar year, subject to the restrictions below. For such floating holidays the employee shall receive his regular rate of pay for such day if he does not work that day, but shall not receive additional compensation. Neither the holidays listed in Section 1, nor any day for which an employee is not scheduled to work, may be designated as a floating holiday. Floating holidays shall be subject to the following requirements and conditions: (1) No employee may utilize floating holidays until thirty (30) calendar days after their employment. (2) Any person employed between January 1 and March 31 shall receive four floating holidays to be utilized during the year of hire; any person employed between April 1 and June 30 shall receive three floating holidays to be utilized during the year of hire; any person employed between July 1 and September 30 shall receive two floating holidays to be utilized during the year of hire; and any persons employed between October 1 and October 30 shall receive one floating holiday to be 13. ut i 1 i zed duri Ilg the year of hi re. Persons Lmployed after October 30 shall not be eligible for any floating holidays during the year of their hire. (3) Floating holidays may not be carried over from one calendar year to another calendar year and, if not taken, are forfeited except as provided in Section 4 below. (4) After the year of hire, employees shall receive four "floating holidays" each calendar year. Section 3. Floating holidays will be selected after all vacation days and longevity days have been schedul ed. 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 request. This notice will be given to the Captain for his approval based on vacation selection criteria. This permission shall not be arbitrarily withheld. In case more than one employee requests a particular day and the Department determines that both employees may not be off duty on that particular day, the senior employee shall be given preference. Section 4. If the employee chooses not to take one or more floating holidays, he may make a written request to the Fire Chief on or before December 15th 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. Any floaters not taken or requested for payment are forfeited. Section 5. Each calendar year, members of the bargaining unit may elect to take one (1) floating holiday as "Personal Leave Time." One floating holiday may be broken into blocks of 4 hours and will be taken in 4-hour increments. Personal Leave Time will be selected after all vacation days, extra vacation days and floating holidays have been scheduled. Any employee selecting Personal Leave Ti me after the vacation selection process wi 11 gi ve the Department 48 hours' 14. I ARTI CLE 10 VACATIONS , Section 1. Employees on the 56-hour schedule shall accrue paid vacation as follows: 1 3 years 6 duty days 4 6 years 7 duty days 7 10 years 8 duty days 11 14 years 9 duty days 15 17 years 10 duty days 18 - more years 11 duty days Employees on the 40-hour schedule shall accrue paid vacation as follows: 1 2 years (80 hours) 3 years (88 hours) 4 years (96 hours) 5 years (104 hours) 6 years (112 hours) 7 years 020 hours) 8 10 years (128 hours) 11 years 036 hours) 12 years 044 hours) 13 15 years (152 hours) 16 & over years 060 hours) 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. Additional accrued vacation days will be selected in reverse seniority, after regular vacations have been scheduled. All 16. vacation days and addi~onal accrued days will be sCheJlled during the selection process. However, if an employee exercises his option to pass on scheduling these days, he 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 retirement in the year for which vacation selection is being made may request of the Chief, in writing, that his addit i ona 1 accrued days be withheld for use by or payment to the employee upon his retirement; or (2) an employee may opt not to se 1 ect addit i ona 1 accrued days, thereby forfeit i ng hi s addit i ona 1 accrued day vacation selection 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, injured 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 Fire Chief's Office during regular work hours to notify of such change of time. After notifying the Fire Chief's Office, the employee must confirm the request in writing within seventy- two (72) hours. If the employee desires to use sick time, his illness or injury must be verified by a physician's written statement relating the nature, time and duration of the illness. Only duty days during such illness will be restored to vacation time. When the employee returns from the illness or death leave, the employee will reschedule his vacation and will follow all departmental rules and policies pertaining to the vacation selection process. 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. 17. I ARTICLE 11 WAGES I Section 1. Basic wage rates for all members of the bargaining unit shall be increased by 5% for fiscal year 1988/89, effective October 1, 1988, and by 5% for fiscal year 1989/90, effective October 1, 1989. Section 2. In addition to the rates above, the additional factors for compensation as provided in the Pay Plan shall prevail. 18. I ARTICLE 12 PERSONNEL PRACTICES I Section 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 recei vi ng addi t i ona 1 compensat i on over base pay under the provi s ions of Dri ver- 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 cl ass to whi ch promoted whi ch wi 11 provi de an increase over the former base pay and designated assignment pay. C. If a Firefighter, Fire Lieutenant or Fire Prevention Inspector possesses E.M.T. I certification, the following shall be done upon promotion: If an employee was among personnel "grandfathered-in" to E.M.T. I pay by the original and subsequent City-IAFF Contracts, such employee sha 11, upon promotion, be promoted in accordance wi th paragraphs A and/or B above and shall thereafter have the E.M.T. I pay added as a supplement to the new base pay in the higher class. D. Paramedic pay shall not be considered in computing promotional payor placement; however, paragraph CO) will apply in cases where the employee is a "grandfathered" E.M.T. E. If a Fire Lieutenant who was "grandfathered-in" to E.M.T. 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: 19. If a "line" tire Lieutenant or paramedic filefighter is receiving 5-%- "grandfathered" E.M.T. incentive pay and is subsequently assigned to, and functions as, a "paramedic" Fire Lieutenant or paramedic firefighter, said employee shall receive Paramedic pay and the "grandfathered" E.M.T. 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 Paramedic pay. However, if such employee was a "grandfathered" E.M.T. the employee shall then receive E.M.T. incentive over base pay, provided he meets the requirements therefor. 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 as provided by the then current City of Clearwater Pay Plan together with the Rules for Administering said Pay Plan, except as follows. (1) An employee who is demoted for lack of work occasioned by consolidation of a muni ci pa 1 function by another government a 1 agency, for 1 ack of work generally, for lack of funds, or for 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 base rate whi ch the employee previ ous 1 y recei ved or at the hi ghest step in the range of the class to which he is demoted if that class maximum is less than the employee previously received. Such employee shall be placed at the head of the reemployment 1 i st for the cl ass from whi ch he was demoted. An employee who is demoted for any other reason, except di sci pl i nary, shall have hi s compensation fi xed at the step in the range for the class to which he is demoted to which he would have been (1) 20. entitled had tiS previous employment with thJ City been in such lower class, provided, however, that not less than a five (5) percent reduct ion sha 11 be effected. I n the event that a demot ion is made as part of a disciplinary action, the employee shall be placed in the step in the class to which the employee is demoted which is, in the judgment of the Appointing Authority, consistent with the disciplinary action. (2) An employee who is transferred from a position of one class to a position in the same class, or to another position in another class of the same pay grade, shall continue to be paid at the same rate (3) An employee who is appointed from the reemployment 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 reemployed a sufficient number of days to make up the number of days he lacked for eligibility at the time of separation. (4) An employee who is appointed from the reemployment 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 wi thi n the range whi ch is not above the step at which he was previously paid. (5) Firefighters who have completed a minimum of three (3) years of service on the Fire Department and successfully passed the Fire Department examination and/or test required for driver-operator and have been recommended by the Fire Chief and approved by the Appointing Authority, 21. shall be paiJ, in addition to their regular Sllary, driver-operator pay (See Article 12, Section 1, G.) while assigned to driver-operator dut i es. Seni ority credit will be granted to the candi date pri or to computat i on of the fi na 1 test grade. One-half poi nt credit will be added for each full year of department service, up to a maximum of five points. G. Assignment Pay. (1) REGULARLY ASSIGNED A. Employees shall receive, in addition to their base rate of pay, incentive pay when the employee is REGULARLY ASSIGNED the duties listed below. 1. Assigned as a Paramedic on a Rescue Unit 15% above the employee's current base rate of pay. 2. Assigned as a Lead/Medic on a Rescue Unit 20% above the employee's current base rate of pay. 3. Assigned as an E.M.T. on a Rescue Unit 5% above the employee's current base rate of pay. 4. Assigned as a Driver-Operator on an Engine, Squad or Truck Company 5% above the employee's current base rate of pay. 5. Assigned as a Biomedic on a Rescue Unit 17-1/2% above the employee's current base rate of pay.* (See Paramedic Section.) B. The Fire Chief will provide each Shift with a list of Paramedics, Lead/Medics, Biomedics, and Driver-Operators that will be REGULARLY ASSIGNED to the aforementioned positions. When one of the REGULARLY ASSIGNED employees is off-duty, the District Captain will assign another qualified employee to a TEMPORARY POSITION. 22. (2 ) TEMPORARILY A1SIGNED I When an employee is TEMPORARILY ASSIGNED and temporarily performs the duties listed above for 4 hours in a 24-hour shift, the employee will receive TEMPORARY ASSIGNMENT pay for all hours worked EXCEPT when an employee is TEMPORARILY ASSIGNED because of EMS training that is taught outside of the City whereby the employee must be TEMPORARILY ASSIGNED for 10 hours or more in a 24-hour shift to receive temporary assignment pay. (3) PAYMENT OF ASSIGNMENT PAY A. REGULARLY ASSIGNED The Fire Chief will submit a PERSONNEL ACTION Form (P.A. form) to the Personnel Department requesting assignment pay for those employees who have been REGULARLY ASSIGNED. Assignment pay for employees REGULARLY ASSIGNED will be paid on a biweekly basis. B. TEMPORARILY ASSIGNED Each employee that is TEMPORARILY ASSIGNED and qualifies under provisions of G. (2) of this section will submit on his ATTENDANCE VOUCHER for those hours worked in that TEMPORARY ASSIGNMENT. H. Acting Pay. (1) When an employee is assigned as an Acting Lieutenant or Acting Captain and the employee has acted in the higher position for a minimum of 4 hours during a 24-hour shift, the employee shall receive 5% above the employee's current base rate of pay for all hours worked EXCEPT when assigned in the higher position because of EMS training that is taught outside of the City whereby the employee must act in the higher position for 10 hours or more in a 24-hour shift to receive acting pay as provided above. 23. Each emPloyel that is assigned as an Acting Lieutenant or Acting Captain and qualifies under provision H. (1) of this section will submit on his ATTENDANCE VOUCHER for those hours worked in that Acting pos it ion. Section 2. Promotional Examinations (This section applies to promotions to the position of Fire Lieutenant.) 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 (2 ) 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 requi red to have compl eted thei r probationary peri od and have been certified to permanent status in the lower class and/or to have had such other length of experience in the lower class or classes as may in the judgment of the Personnel Director be deemed appropriate for the particular examination. D. Disqualification of Applicants. The Personnel Director, on behalf of the City, may reject the application of any person for admission to any examination for Fire Lieutenant or refuse to examine any applicant or to certify the name of an eligible for appointment if, in his opinion, it is found: 24. (1) That the a~licant fails to meet the Istablished qualification requirements for the position. That the appl i cat i on was not fil ed on or before the cl os i ng date for receipt of applications specified in the pUblic announcement. 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. That the applicant is affected with any disqualifying disease or is physically or mentally unfit to effectively perform the duties of the position. That the applicant has been guilty of any crime or infamous or notoriously disgraceful conduct. That the appl i cant has a record of previ ous unsatisfactory servi ce in City employment or elsewhere for the past two years of such a nature as to demonstrate unsuitability for employment in a position of the class for which he is applying. That the applicant has received a discharge other than honorable from the armed forces. That the appl i cant fail s to meet standards for the position that are required by State and/or Federal law or applicable rules under such laws. Any person who, by order of the Personnel Director, is denied permission to compete in any promotional examination or whose eligibility is cancelled under the provisions of this Section may make a written appeal to the City Manager for a final decision. (2 ) (3 ) (4 ) (5 ) (6) (7) (8) (9 ) 25. Scope and chaJacter of Examinations. I Provisions applying to promotional examinations for Fire Lieutenant: (a) All promotional examinations for the above designated position 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 experience, education, aptitude, capacity, knowledge, character, physical fitness, and other qua 1 ifi cat ions) as, in the judgment of the Personnel Di rector, enter into the determination of the relative 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 call for or lead to disclosure of any information concerning 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 for Fire Lieutenant may include any combination of the factors listed in Subsection (1) above, and shall i ncl ude credit for seni ority herei nafter descri bed. Seni ority credit will be granted to the candidate prior to computation of the final test grade. One-ha 1 f poi nt credi t wi 11 be added for each fu 11 year of E. (1) department service, up to a maximum of five points. 26. Rating of Exalinations. I The earned credi t rating of each candi date shall 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 Personnel 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. 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 i tor who is found not to meet such requi rement, and if gi ven, need not be rated. 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. F. (1) (2 ) H. Appeals from Ratings. (1) Any candidate may, within fifteen (15) calendar days from the date of initial review but in no event later than one month after the posting of employment list resulting from such test, notify the Personnel Director in writing that error, other than error of 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 27. corrected. In the event such review disclles 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 on 1 y . ) A. Promotion and Original Appointment Lists. The names of all persons who may be lawfully appointed and who shall have attained a passing grade on any promotional examination shall be placed on the appropriate promotional or original appointment list in the order of their final grade without regard to time of tests. The names of two or more eligibles having the same fi na 1 grade sha 11 be pl aced on the 1 i st by arrangi ng the names in alphabet i ca 1 order incase of a 1 i st for ori gi na 1 appoi ntment, or by arrangi ng 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 pos it ion, the Personne 1 Di rector sha 11 cert i fy the names of persons highest on the list consistent with the Rule of Five Rounded Scores. 28. Section 5. probatonary Period i 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 (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. 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 29. it was taken. Except lhen specifically requested by Ithe department head and approved by the Personnel Director, vacation leaves may not be anticipated but shall be taken as herein provided. C. A full-time permanent employee shall be deemed to have earned and be eligible for his first vacation on the first anniversary date of his employment, provided that such first 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 duri ng hi s continuous servi ce as herei nafter defi ned, 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 without payor 1 s 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 7. Sick Leave A. Members of the bargaining unit shall accrue sick leave in accordance with the schedule below: Scheduled Pay Period Hours Sick Leave Hours Accrued Per Pay Period Number of Yearly Pay Periods Sick Leave is Accrued Yearly Sick Leave Hours 80 112 5.0 7.0 24 24 120 168 30. B. Sick leave mal be accumulated for each pay pe~od the employee actually works, up to a maximum of 3360 hours 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. C. All accumulated unused sick leave shall be credited to any employee recalled from a layoff, transferred, or certified to another department or classification without break in service, appointed from a reemployment list or returni ng from a 1 eave of absence. I f the emp 1 oyee 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 new scheduled pay periOd hours. D. In the event an employee has been separated and paid for accumulated unused sick 1 eave as herei nafter provi ded, or has been di smi ssed for cause and subsequently is re-employed by the City, his subsequent sick leave aCcumulations shall be calculated as a new employee. E. Under the provisions of this section, an employee may utilize hisffl-e-r sick leave for absences from duty on any of his regularly scheduled work days for the number of regular hours he 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: 31. Minutls Tenths of an HoJ 1 - 6 .1 7 - 12 .2 13 - 18 .3 19 - 24 .4 25 - 30 .5 31 - 36 .6 37 - 42 .7 43 - 48 .8 49 - 54 .9 55 - 60 1.0 F. Si ck 1 eave sha 11 not be considered a pri vil ege to be used at the employee's discretion, but shall be used only for absences: (1) Due to personal illness or physical incapacity caused by factors over which the employee has no reasonable immediate control. (2) Necessitated by exposure to contagious disease in which the health of others would be endangered by his attendance on duty. (3) Due to dental appointments, physical examinations, or other personal sickness prevention measures, the schedu 1 i ng of whi ch at ti mes other than during his regular working hours is impossible or unreasonable. (4) Due to illness of a member of his immediate family which requires his persona 1 care and attention, not exceedi ng in anyone ca 1 endar 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, grandchi 1 dren, brothers, si sters or husband/wi fe of the employee and the immediate family as herein referenced of the husband/wife. Si ck 1 eave wi 11 be accrued in the same manner that it is presently earned. An employee may utilize his accumulated sick time due to an 32. illness in hit immediate family (as that term~s defined above) up to a maximum of 56 hours and 40 hours for 40-hour personnel in each fiscal year. (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; (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 j-OO- related injuries/illnesses, Workers' Compensation i njuri es/i 11 nesses, or other i njuri es/i 11 nesses verifi ed by a doctor's excuse used aQai nst them when determi ni nQ excess i ve use of sick leave. G. An employee absent for one of the reasons mentioned above shall inform his 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 accumulated unused sick leave has been exhausted, he may, upon written request and the approval of his immediate supervi sor, Department Di rector, and Ci ty Manager, and when substantiated by a 33. statement from competentl medi ca 1 authority sub stant i at i n\ 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 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: (1) By the subsequent accumulation of sick leave in the amount necessary to retire such loan, or (2) By repayment to the City of such portion of the salary previously paid to the employee under the foregoing provisions as might be necessary to retire such loan. The employee shall not be entitled to use any additional sick leave until the loan has been repaid and in the event of his separation prior to such repayment, the City shall retain from the monies otherwise due the employee an amount sufficient to retire such loan. Provided, however, that if the separation is the result of the death of the employee, the loan shall be forthwith cancelled and no claim for repayment shall be filed against his estate. The employee shall not accumulate sick leave while being paid with borrowed sick leave. I. Upon separation from the City service, an employee shall be paid one- half (1/2) of his 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 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 34. shall be baled on the regular biweekly ~alary of the employee (including longevity) at the beginning of his 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) yea rs of cont i nuous servi ce with the City. Leaves of absence without pay, suspensions and layoffs followed by subsequent reemployment shall 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 1 ength of servi ce except that mil itary 1 eaves and 1 eaves duri ng whi ch 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 has no immediate control, such as death, prolonged illness or physical or mental incapacity, inability to effectively perform duties because of physical condi t ion, materi a 1 changes in methods, procedures or organi zat ions 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 like character. If the separation is the result of the death of the employee, his estate shall receive payment. An employee who is dismissed for cause shall have no claim for sick leave payment. Notwithstanding the foregoing provisions of this paragraph, an employee who may otherwise be eligible for retirement under the City Employees' Pension Plan or Federal Social Security or Firemen's Relief and Pension Fund or who may be approaching such eligibility date, and whose purpose in leaving is to retire under either program, may utilize one-half (1/2) of his accumulated unused sick leave to the extent thereof to advance his retirement date or may elect to draw a lump sum bonus equal 35. (1) When the illlss 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 sha 11 be forwarded to the Ci ty Manager for its approval whi ch must be secured pri or to such 1 eave. Each request of thi s nature sha 11 be supported by evidence in the form of a medical certificate, of the adequacy of the reason for such sick leave. The manager may require further medical reports from time to time on all sick leave in excess of thirty (30) calendar days. N. An on duty employee 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 37. encourage the conservat,\n of these benefits for the putposes designated and the provisions hereof contemplate equitable and honorable utilization by affected employees. Fairness, therefore, dictates the reminder that the use of sick leave for purposes other than those designated herein will be considered a major rule infraction to be followed by disciplinary action up to and including dismissal. The Personnel Director and the Appointing Authority assume a joint responsibility in this respect and any supervisor who knowingly condones or disregards unauthorized or improper use of sick leave benefits will be held fully accountable. Section 8. Absence Without Leave A. Any employee who is absent from duty for two (2) consecutive work days without not ice and va 1 i d reason therefor sha 11 be deemed to have vo 1 unta ril y termi nated hi s City employment and to have vacated hi s position and wi 11 be separated from the payroll as a dismissal, unless a leave of absence is subsequently granted under any of these rules. B. The failure of an employee to report for duty at the expiration of a leave of absence or vacation leave with or without pay, shall be deemed an absence without leave. Section 9. Time Off From Duty A. An employee may be granted necessary time-off from his duties with compensation for any of the following reasons, (1) Attendance at professi 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 Fire Chief or his designee. The provisions of this paragraph shall be deemed to include authorized safety meetings. 38. The presidel and Secretary-Treasurer of tJe Union shall be granted Union time-off to attend state and international conventions, provided a mi ni mum of three (3) ca 1 endar months' wri tten notice is gi ven to the Fire Chief. B. The Union may, upon request, be allowed up to 312 duty hours per Fiscal Year to be excused for Union business, conferences, and training. Any such request must be initiated in writing through the chain of command, via the District Captain, and will give the name of the person wanting off, date the person is to be off, and the number of hours the person wi 11 be off. Ti me off from duty under this provision must be approved by the Fire Chief or his designee and must be taken in not 1 ess than four (4) hour increments. Any unused portion of the balance is to be carried over into the next contract year. Jointly related business between the City and the Union shall not be subject to deduction from the bank, however, the Union acknowledges that such time needed for arbitration hearings will be chargeable to the account. In any event, the Fire Chief or his designee, may at his discretion deny any request not made at least 72 hours in advance and submitted by a Union Officer, or which renders the Department staffed below that level which the Chief determines to be necessary. (3 ) 39. I ARTICLE 13 POSTING OF AGREEMENT I 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 City agrees that it wi 11 pri nt the requi red amount of copi es, no 1 ater than seventy-fi ve (75) days after such Agreement has been ratified by all concerned parties, and distribute same to the Union; the Union agrees, within thirty (30) days after receipt of copi es of thi s Agreement, to suppl y i ndi vi dua 1 copi es of thi s Agreement to each current member of the bargaining unit and thereafter to provide an individual copy to each new bargai ni ng unit member withi n thi rty (30) days of thei r becomi ng a bargaining unit member. The City and the Union shall each bear one-half (1/2) of the cost of production of the copies of the Agreement (250 copies - 200 for Union; 50 for Ci ty) . The Agreement shall be pri nted on 8 1/2 x 11 inch paper, sha 11 be bound, and shall have a cover and back. 40. I ARTICLE 14 BULLETIN BOARDS I 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 fi rst revi ew such posting, and if found to be outside of the scope of thi s 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. 41. I ARTICLE 15 WORK SCHEDULE I Sect ion l. 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: IIA", IIB", and lie II , who wi 11 work in the following rotation (see sample monthly work schedule be 1 ow) . Sun. Mon. Tues. Wed. Thurs. Fri. Sat. 1 work 2 off 3 work 4 off 5 work 6 off 7 off 8 off 9 off 10 work 11 off 12 work 13 off 14 work 15 off 16 off 17 off 18 off 19 work 20 off 21 work 22 off 23 work 24 off 25 off 26 off 27 off 28 work 29 off 30 work, etc. INSPECTION DIVISION: Fire 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 1 unch break for each inspector. The Chi ef reserves the ri ght to assign the necessary personnel to each shift which, in his judgment, provides for most effective departmental operations. Section 2. Notwithstanding any provision to the contrary, the City retains the right to adjust work schedules only for the purpose of complying with the Fair Labor Standards Act without providing additional compensation for regularly scheduled hours. Prior to making any such change, the City shall provide the Union not less than twenty (20) days notice and, if requested, bargain with the Union concerning the change; provided, further however that should a mutually agreeable schedule not be reached within thirty (30) days of the Union's being notified of the City's intent to change the schedule, the City's revised schedule may be implemented while bargaining continues and the matter of schedule change shall not be grievable under this Contract. 42. Section 3. The trrent practice of selecting ~ndiVidualS required for overtime work shall be continued except that a list shall be maintained so as to equalize overtime to the extent practicable. The current practices regarding overtime compensation shall be paid as defined in 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 notify 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 District Chief in his discretion allows persons to exceed such limitation. D. That the member working the time will be covered by all applicable benefits incase of injury whil e fill i ng in, but will not recei ve pay for thi s 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 ent it 1 ed to. Pri or to di scont i nui ng the exchange allowance for thi s 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. 43. Section 5. I I When an employee is called in at l\ast 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 Ci ty may requi re 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. 44. I ARTICLE 16 WORK RULES AND PREVAILING RIGHTS I Section 1. It is understood and agreed by both parties that the duties performed by members of the bargaining unit cannot always be covered by job descriptions and, therefore, members of the bargaining unit may be required to perform duties in addition to all those listed within the current jOb descriptions which are, in the judgment of the City, related to the purposes of the Fire Department, which judgment shall not be arbitrary, capricious or unreasonable. Section 2. Any Fire Department Rule or Regulation in conflict with this Agreement shall be of no force and effect. Section 3. Prior to the implementation of any changes in the existing Fire Department Rules and Regulations, the Fire Chief must provide ten days notice. If requested by the Union, the change will be referred to the Conflict Resolution Committee which shall promptly meet and discuss such change. The rule will be implemented after the initial 10-day notice unless the time is extended by the Chi ef. The issue of whether such change confl i cts wi th thi s Agreement sha 11 be subject to the grievance procedure contained herein. The time for filing said grievance shall commence on the date the rule is implemented. Section 4. All rights and working conditions, enjoyed throughout the Department by the employees at the present time which are not included in this Agreement sha 11 be presumed to be reasonab 1 e and proper and shall not be changed by the City in an arbitrary or capricious manner; provided that nothing contained herein shall limit the City's rights under Sections 1, 2 and 3 of this Article or as expressly provided elsewhere in this contract. 45. I ARTICLE 17 SENIORITY AND LAYOFFS , Section 1. 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 his last name is closest to the letter "A" shall have more seniority. (4) The seni ority 1 i st on the date of thi s agreement sha 11 refl ect 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. 46. (6) Emergency, pJovisional, seasonal and tempolary 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 classified service without interruption or break, except that the following shall not be considered as breaks in employment: (1) 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 length, followed by reinstatement or by appointment from the reemployment 1 i st. The 1 ength of any such 1 ayoff shall not be deducted from the length of continuous service in computing seniority. (3) Disability retirement if and when followed by reinstatement. The length of any such disability retirement shall not be deducted from the length of continuous service in computing seniority. (4) Suspensions in accordance with this Agreement. The length of any such suspension shall not be deducted from the length of continuous service in computing seniority. (5) Dismissals which shall subsequently be withdrawn or modified by the Appointing Authority or by action of the Board in accordance with this Agreement. The 1 ength of such separation sha 11 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 appointment from the reemployment list; provided, however, that the actual length of separation from the service shall be deducted from the length of continuous service in computing seniority. 47. D. Uses - In adlition to the circumstances and Jlnditions 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 reemployment 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 2. Layoffs 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 determined by management evaluations of the performance and potential of the employees. B. In the event further layoffs are required, such layoffs shall be accomplished by class groups of Firefighter, Fire Lieutenant and Fire Prevention Inspector. Notwithstanding anything to the contrary contained in this Agreement, Management shall determine the number of employees to be laid off and the class or Classes involved. Within the involved classes, layoffs shall be accomplished by the fOllowing groupings: Group A: 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 Prevention Inspector. 48. Group D: ~ Employees with ten through twelve \ears of service in the Clearwater Fire Department or as a Fire Lieutenant or as a Fire Prevention Inspector. 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. Within each group, employees shall be ranked by management and employees laid off by the rank order established. Management rating of employees can be based upon performance 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 3. If reduction in force requi res the 1 ayoff of a 1 i eutenant 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 wi th Section 1 above and the process be continued down through the ranks. 49. Section 4. No nJl employee shall be hired until lhe employee on layoff has been gi ven an opportunity to return to work at hi s ori gi na 1 seni ority date and position; provided, that after one year of layoff the employee shall cease to accrue seniority and that such reemployment rights shall cease after five (5) years from the date of layoff. Section 5. 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. 50. I ARTICLE 18 PARAMEDICS I 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, Lead/Paramedic is a Paramedic who is assigned to maintain paramedic equipment. Section 2. The titles of Paramedic, Biomedic and Lead Paramedic are not a separate job classifications within the Fire Department and those employees assigned as Paramedic/Biomedic, Lead/Paramedic shall continue in the rank they hold while being assigned as Paramedic/Biomedic, Lead/Paramedic. Section 3. No employee assigned as a Paramedic/Biomedic, Lead/Paramedic shall be held ineligible to participate in promotional examinations held in the Ci ty' s Fi re Department nor sha 11 servi ce as a Paramedi c/Bi omedi c, Lead/Paramedi c otherwise disqualify an employee from promotion. Section 4. Should the City's Fire Department cease to operate emergency medical services teams, those employees assigned as Paramedic (Firefighters or Fire Lieutenants) shall continue to be employed by the City on the same basis as any other employee in the bargaining unit. In such event, monetary incentives for Paramedic, Biomedic, and Lead Paramedic shall be discontinued. Section 5. Monetary Incentives A. Employees assigned as Paramedics shall receive incentive pay in accordance to ARTICLE 12, Section 1. G. 51. B. Employees of the Department who currently recJ4ve 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 certified as an E.M.T. and assigned to replace a paramedic on a rescue unit will receive E.M.T. pay in accordance to ARTICLE 12, Section 1. G. D. The member of a Paramedi c team assi gned as Lead/medi c wi 11 be the Paramedic-in-charge of the rescue unit. The Lead/medic will be paid assignment pay in accordance to ARTICLE 12, Section 1. G. NOTE THE POSITION OF BIOMEDIC WILL BE ASSIGNED TO RESCUE UNITS THAT HAVE A PARAMEDIC LIEUTENANT ASSIGNED. AS THE RESCUE LIEUTENANTS ARE PHASED OUT AND REMOVED FROM THE RESCUE UNIT, THE POSITION OF BIOMEDIC WILL ALSO BE REMOVED FROM THE RESCUE UNIT. ANYONE REGULARLY ASSIGNED OR TEMPORARILY ASSIGNED AS A BIOMEDIC WILL BE PAID ASSIGNMENT PAY IN ACCORDANCE TO ARTICLE 12, SECTION 1 G. E. The incentive pay contained herein shall be calculated according to ARTICLE 12 Section 1. G. F. The Department agrees to publish a semiannual list of all E.M.T. I and Paramedic employees and the dates of expiration of their certification. G. Those members becoming state certified will be eligible for E.M.T. Assignment pay, in accordance to ARTICLE 12, SECTION 1. G. The member will be required to maintain certification in order to be eligible to receive the Assignment 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 Lead/Paramedic. The Union committee shall consist of one (1) Senior Paramedic per shift. The Union understands that Lead/Paramedic is not a promotional position or a separate job classification. The examination will specify the minimum qualifications and define precisely the role (if any) 52. merit eva 1 uat ion, City leni ority, Departmental seni oritl and paramedi c seni ority would play in the competitive process. B. The remova 1 of the ass i gnment as Pa ramedi c/Bi omedi c, Lead/Pa ramedi c 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, Lead/Paramedic works. C. The removal of the assignment as Paramedic/Biomedic, Lead/Paramedic shall not be subject to the contractual grievance procedure or ci vil service grievance procedure when the removal is based upon the judgment of the Department that the removed Paramedi c/Bi omedi c, Lead/Paramedi c was not performi ng to the standards desired by the Department or the medical community. D. The removal of the assignment as Paramedic/Biomedic, Lead/Paramedic 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. The Arbitrator shall not have the power to substitute his judgment for that of the Department or the medi ca 1 communi ty wi th whom Paramedi cs/Bi omedi cs, Lead/Paramedics work in relation to performance of employees to the standards of excellence desired by the City or the medical community. Section 8. The parties agree that Paramedics/Biomedics, Lead/Paramedics are not professional employees within the meaning of the Florida Public Employees Relations Act. Section 9. If the application of this Article, or any part thereof, whether or not relating to pay, is superseded by action of a superior governmental agency, then the City will be absolved of complying with this Agreement to the extent of the conflict. 53. I ARTICLE 19 LINE-OF-DUTY INJURY PAY I Section 1. The City hereby agrees to pay the fOllowing compensation to any employee injured in the line of duty in accordance with the following definitions, terms and conditions. A. Compensation shall be payable under this Section only with respect to disability as the result of injury to an employee where such injury is incurred in the line of duty. B. An injury shall be deemed to have been incurred in the line-of-duty if and only if such injury is compensable under the Florida 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 poi nt where the sum of the suppl ement herei n provi ded and all other payments herei n descri bed equal the employee's week 1 y 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 di sabi 1 ity of more than fourteen (14) days, compensation sha 11 be pa i d from the commencement of the disability. E. The term disability as used in this Section means incapacity because of the 1 i ne-of -duty injury to earn in the same or any other employment the wages which the employee was receiving at the time of injury. F. It is the intent of this Section to provide supplemental compensation for line-of-duty injuries only, and this Section shall not be construed to provide 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 54. interpretation of I the . terms of this Section, I then the decisions concerning definition of those terms issued under the Florida Workers' Compensation Law shall control. G. The maxi mum peri od for whi ch payment may be made under thi s Section shall be ninety (90) days from the date of injury for each injury, including recurrences thereof. No payment made by the City duri ng said peri od sha 11 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 wi th 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: An employee who is injured in the line of duty shall have the right to select any qualified physician who handles workers' compensation cases, sUbject to approva 1 by the Ri sk Management Department of the Ci ty. Approva 1 will not be unreasonably withheld due to geographical location. The choice shall be made by the injured person or if the condition prevents him from making such choice, by his family. The physician originally selected by the employee may be changed if prior approval is obtained through the Risk Management Department of the City. 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 worki ng a fi re, 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. 55. Section 5. Failu~e to immediately report a line-If-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. 56. I ARTICLE 20 FUNERAL LEAVE I Sect ion 1. 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, child, parent, bother, sister, stepmother, stepfather, stepchild, or any other blood relative living in the same residence as the employee. This is not chargeable to sick leave. B. An employee shall be granted up to two (2) shifts off with pay in the event of a death in the family, specifically defined as mother-in-law, father-in- law, grandmother, grandfather, sister-in-law, or brother-in-law. This is chargeable to sick leave. C. Additional time off may be granted by the Fire Chief, or his designee. Furthermore, any employee availing himself of a provision in this Section must notify the Fire Chief or his District Commander of such intent as soon as possible. Section 2. Right to Contribute Work In the event that an employee's illness or physical incapacity should continue beyond the point where his accumulated sick leave, if any, has been exhausted, he may request to have other qua 1 i fi ed employees of the Department perform his 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. Section 3. Any funeral leave, other than provided for in Section 1 above, will be governed by Article 12, Section 7 E. 57 . I ARTICLE 21 MISCELLANEOUS I Section 1. All life insurance premium contributions and plans currently in force shall continue for the duration of this Agreement. The selection of an insurance company shall be free and without prejudice and of the employee's choice from the twelve companies offered by the City. The Union agrees to participate in discussions of alternative programs. Section 2. All members of the bargaining unit may wear the I.A.F.F. pin on their uniforms. Section 3. 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 will replace any lost or abused equipment that has been supplied by the Department by purchasing the lost or abused equipment from the Department at the current value of the lost or abused equipment. The fOllowing equipment will be supplied to each employee. If equipment becomes worn or unserviceable through no fault of the employee, the employee will return the item to the Department and the Department will replace said item. The following, if issued, items will be returned to the Department before an employee leaves the employment of the Fire Department, either by termination, retirement, resignation, etc., before the employee's last paycheck is released by the City. Should any such items not be returned, the City shall withhold from the last paycheck, an amount sufficient to reimburse the City its current replacement cost for that equipment: Item Coat Pants Quantity 1 5 58. Shi rt~ 5 I: Hat, dress 1 Jumpsuit 1 Badge 1 Hat Badge 1 Name Tag 1 Pillow 1 Mattress Pad 1 Blanket 1 Bunker Coat 1 Bunker Pants 1 Helmet 1 Boots, (pair) 1 Gloves, (pair) 1 Suspenders 1 Flashlight 1 City I.D. 1 City Gas Card 1 Section 4. 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 5. The City shall provide and maintain reasonable training grounds and facil it i es. Section 6. 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. 59. Section 7. All contact sports while on duty Ire prohibited including, but not limited to, basketball, handball, etc. Section 8. The current practice of paying accrued rights and benefits to the designated beneficiary or next-of-kin upon the death of an employee shall continue. Section 9. 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 provided that all classes are off-duty, except for promotional courses for the positions of Lieutenant and or Captain where Department POlicy as per General order F.S. 33 will be followed. Section 10. The Department shall counsel with any employee who is passed over by another candidate on the list of promotions. Section 11. Employees covered by this contract shall not be required to perform lawn maintenance at the fire stations. Section 12. Any employee whose appearance is required in Circuit Court or County Court as the result of a matter arising out of the course of his employment, shall receive a minimum of two (2) hours pay if such attendance is during the employee's off-duty hours. This same provision shall also apply when the employee is subpoenaed to appear at the State Attorney's Office, Public Defender's Office, or a private attorney's office, in a criminal case arising from the employee's course of employment. However, this provision shall not apply when an employee or the Union has brought an action against the City or any City official. Section 13. 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 own vehicle, after he has reported to his duty station; or, the City may elect to provide transportation. This distance will be computed by the City, so that both the City and employee can refer to a standard tabl e to ascertai n the di stance between any two (2) Fire Stations. Written requests for mileage reimbursement 60. must be made to the F~e Chi ef' s offi ce on or beforel September 15. Requests received after September 15th shall be void and no reimbursement shall be required of the City. The Department will post a reminder notice at least 30 days prior to September 15. The money shall be paid September 30 of each year. In the event that an employee is transported in a City vehicle under the provisions of this part, the City will provide the employee transportation back to his duty station at or before the end of the employee's tour of duty if the employee so requests. Section 14. Health Insurance The City agrees to meet with 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 provide the I.A.F.F. with such information as woul d be requi red to formul ate such a benefit package and to cooperate wi th the I.A.F.F. and other unions to obtain pertinent information from the present carri er. Until 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 15. All members of the bargaining unit who are actually working are requi red to 1 aunder thei r own shi rts, uniform trousers, uniform jackets and beddi ng. The City agrees to compensate each employee by a 1 ump sum payment of $400.00 per year. Each employee must supply his own sheets and pillow cases. An employee who has been approved for regular disability retirement, at the level of the Pension Advisory Committee, shall no longer be eligible for the laundry/bedding allowance. Section 16. All persons who commence employment as Firefighter on or after December 15, 1985, shall be required to maintain residence within the geographical boundaries of Pinellas, Hillsborough, Pasco and Hernando Counties. This requirement shall continue during their tenure within the fire service of the 61. City of Clearwater, wheJher serving as a Firefighter orlin any position to which they may be promoted within the fire service. Section 17. The City and Union agree to maintain the current Conflict Resolution Committee whose membership shall be limited to the City Manager or his Designee, the Fire Chief or his Designee and the Union President and Secretary/Treasurer or their Designee. It is understood that this committee in no way is a substitute for the grievance procedure or the right of collective bargaining but has been established for the purpose of discussion and input from both sides on matters which may eventually become items of collective bargaining, grievances, or litigation. Section 18. When a bargaining unit member is required by the Department to attend classes or seminars in connection with required certification or recertification, he will be compensated at straight time for hours spent in attendance and such time will not be included in the hours worked under the Fair Labor Standards Act 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 but does not do so (except for sickness, vacation, or other authori zed 1 eave) sha 11 be subject to di sci pl i ne, provi ded the employee is gi ven seven (7) days' notice. 62. ) ARTICLE 22 PHYSICAL EXAMINATION 63. I line of duty; provided Ithat the employee first makes III 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. All employees whose physical fitness or medical status is deemed deficient in some manner as a result of the physical examination shall be advised by the Department and shall be encouraged to undertake a fitness rehabilitation program in an effort to improve their physical fitness and health. Section 5. Employees hired after the effective date of this contract shall be required to meet certain designated standards as set forth in Appendix 1 and if found deficient in certain designated areas thereof, shall be required to undertake a fitness rehabilitation program in an effort to improve their physical fitness and health to the point consistent with the designated standards. Such programs shall be commenced within thirty (30) days of the date that the employee was advised by the Department of the deficiency. Such employees shall be subject to disciplinary action for failure to participate in fitness rehabilitation programs as referenced herein. Section 6. No smoking or use of tobacco on or off the job shall be permitted for all employees hired as Firefighter on or after December 15, 1985, as a condition of employment and their continued employment within the fire service. Violation of this provision shall be deemed just cause of disciplinary action by the City, up to and including dismissal. 64. ) ARTICLE 23 SUBSTANCE USE AND TESTING I Section 1. Any employee in this bargaining unit will be subject to a blood test accomplished by an independent medical facility if there is reasonable suspicion based upon observed actions or appearances on the part of the employee's immediate supervisor and the Fire Chief, or his designee, that the employee is under the influence of alcohol, drugs or controlled substances while on duty. Any employee sUbjected to such test shall be removed from duty pending the result of such test, and such employee shall continue to receive his regular pay and benefits pending test results. Section 2. The Gas Chromatography/Mass Spectromatry will be run on the sample taken. When a blood specimen for testing is obtained from an employee by an independent medical facility, a sufficient quantity of the specimen shall be obtained for testing by a contract laboratory selected by the City and a laboratory designated by the union or the employee. The samples shall be transmitted to the contract laboratory and to the laboratory designated by the union or employee as soon as possible by the independent medical facility. The test shall be made as soon as possible by the laboratories. The union or employee shall bear the cost of its separate test. Section 3. A test result indicating the employee is under the influence of alcohol, illegal drugs or controlled substances (when taken without a prescription issued to the employee or without being under the care of a physician or being taken other than in complete conformance to the prescription), while on duty will result in the employee being required to attend and complete an appropriate detoxification, alcohol or drug abuse program. Failure to complete such program may subject the employee to discipline. The employee shall be allowed to use sick leave in accordance with Article 12 of this agreement for absence from duties to attend any such appropriate program. Should the employee not have sufficient 65. accumulated sick leave tt use for this purpose, the emPl~ee shall be granted leave of absence, without pay, to attend said program. After completion of any detoxification program, the employee shall be subject to three random blood tests anytime during a twelve month period after completion of detoxification. A positive test on any of these three tests will subject to employee to discharge. Section 4. When an employee uses a controlled substance which has been prescribed or administered by a physician, which may affect his performance of jOb duties, the employee has an absolute obligation to inform his supervisor immediately upon reporting for duty. The supervisor shall determine whether the employee shall be assigned or not. If the employee is not assigned, he shall be sent home on sick leave. Section 5. A bargaining unit member has an absolute obligation to report to his supervisor any employee who is under the influence of alcohol, drugs or controlled substances while on duty and must thereafter cooperate in the investigation and any related disciplinary proceedings. Any employee who fails to do so shall be subject to disciplinary action. An anonymous "tip" shall not discharge a bargaining unit member's obligation hereunder nor shall it be the sole basis for the imposition of testing under this article. A bargaining unit employee who maliciously files a false report that another bargaining unit member is under the influence of alcohol, drugs or controlled substances while on duty shall be subject to disciplinary action. Section 6. Records of drug/alcohol testing of bargaining unit members maintained by the City will not be filed in the official personnel file of the employee in the City's Personnel Department. 66. J ARTICLE 24 AMENDMENTS I 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. 67. I ARTICLE 25 SEVERABILITY AND WAIVER I Section 1. Each and every clause of this Agreement shall be deemed separabl e from each and every other cl ause of thi s 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 on 1 y that any may be so in vi 01 at ion, 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. 68. ARTICLE 26 CONTRACT CONSTITUTES ENTIRE AGREEMENT OF THE PARTIES I I 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 co 11 ect i ve bargai ni ng and that all the understandi ngs 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 vol untaril y and unqua 1 ifi edl y wai ve the ri ght to requi re 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. However, the parties agree that the City Employee's Pension Plan may be separately negotiated at any time upon request of either party. 69. I ARTICLE 27 I DURATION, MODIFICATION AND TERMINATION This Agreement shall be effective as of the 1st day of October, 1988, and shall continue in full force and effect until the 30th day of September, 1990. At least one hundred twenty (120) days prior to the termination of this Agreement, either party hereto shall notify the other, in writing, of its intention to modify, amend or terminate this Agreement. Failure to notify the other party of intention to modify, amend or terminate, as herein above 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. IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals this /~ ~ day of ~~ , 1989. - '- CITY OF CLEARWATER, FLORIDA By - ~ -;yo ilL-- Ron ~ Rabun, City Manager '),ttE:'st: .~...... - .'-~ Ap'provea as to form and "{;~rrec.t~~ss : ~ M. A. Galbraith, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFl-CIO, local 1158 Q.~ es R. Centilli, President a 1 1158 70. I I APPENDIX I The Physical Fitness Test for Firefighters is made up of four (4) major areas: Tests of Body Composition, Tests of Spinal Mobility, Muscular Strength, and Cardiovascular Fitness. The Tests of Body Composition includes four areas of the body that are tested with a skin calipers. The skin is pinched and the amount of body fat is determined by the displacement of the calipers on the Biceps, Triceps, Subscapular, and Suprailiac. The Sum of the displacement of all four areas can be no greater than 74 millimeters. The Test of Spinal Mobility entails five parts (see 1-5 below): 1) The left lateral flexion of the trunk (two tries) and the right lateral flexion of the trunk (two tries). The average of the best scores for the left and right are compared to the minimum passing average of 24.85 cm. 2) The left rotation of the trunk (two tries) and the right rotation of the trunk (two tri es). The average of the best scores for the 1 eft and ri ght are compared to the minimum passing average of 63.17 degrees. 3) Forward flexion (two tries), where the score needed to pass is a minimum best score of 37.55 cm. 4) Extension (two tries) where the minimum best score is 38.10 cm. 5) A total Overall Spinal Mobility Point score is computed. Here the minimum needed to pass is 204 points (total across the final scores of 1 -4 ). The Muscular Strength Test requires the participants to squeeze the hand dynamometer and exert at least 40 kilograms of pressure to pass. The Cardiovascular Fitness Test is made up of (a) Spirometer (lung capacity test)- these results are sent to the Medical Clinic for interpretation at that site, and (b) Step test - participants pulse rate is taken after a three minute step test, with the resting pulse rate not to exceed 114 beats per minute. 71. I I LETTER OF UNDERSTANDING This letter will acknowledge on behalf of the City of Clearwater that Lt. Jerry Worsham and Lt. Ronald Streicher will continue to receive pay as "headquarters lieutenant" as long as they continue to perform the functions of "headquarters lieutenant". International Association of Firefighters, Local 1158 City of Clearwater 'U- ,Q 00 .:tlL By: e?( tiU--- Ron H. Rabun, City Manager Date: ~ ,~, ~ Date: 9~ /3,lfJ>1 " , 72. I I LETTER OF UNDERSTANDING This letter will acknowledge on behalf of the City of Clearwater, that Lt. Selby may continue to accrue sick leave at his current rate until he retires or is otherwise separated from employment, and that there will be no cap on Lt. Selby's sick leave accrual. This agreement is made solely as to Lt. Selby and is made notwithstanding any provisions of our collective bargaining agreement to the contrary. International Association of Firefighters, Local 1158 City of Clearwater B~ .~k.~ By: ~.-:;;t -&L- Ron H. Rabun, City Manager Date: r ,~) L9.~ Date: r 13" L'lJ>l 73.