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AGREEMENT (4) -~ I , AGREEMENT between CITY OF CLEAR WATER, FLORIDA AND INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL- CIO Local 1158 Fiscal Year 1979/1980 and 1980/1981 I j ,<:) (/ '" /) , !'If' I" r"', r q) ) _ ........J - : ,r, ,",<, " 0" ,J j " I TABLE OF CONTENTS I Page No. Preamble 1 Article I - Recognition 2 Article II - Repre sentative s of Partie s 3 Article III - City's Management Rights 4 Article IV - Grievance Procedure 5 Article V - No Strike 8 Article VI - Stewards 9 Article VII - Check-Off 10 Article VIII - No Discrimination 11 Article IX - Holidays 12 Article X - Vacations 13 Article XI - Wage s 14 Article XII - Personnel Practices Section 1. Pay Plan Section 2. Promotional Examinations Section 3. Promotional Lists Section 4. Appointments Section 5. Probationary Period Section 6. Seniority Section 7. Vacation Leave Section 8. Sick Leave Section 9. Absence Without Leave Section 10. Time Off From Duty 15 15 18 20 21 21 21 23 24 28 28 Article XIII - Posting of Agreement 29 Article XIV - Bulletin Boards 30 Article XV - Work Schedule 31 Article XVI - Work Rule s and Prevailing Rights 33 Article XVII - Seniority and Lay-Offs 34 Article XVIII - Paramedics 35 Article XIX - Line of Duty Injury Pay 38 Article XX - Leaves of Absence 40 Article XXI - Miscellaneous 41 Article XXII - Physical Examinations 44 Article XXIII - Amendments 45 Article XXIV - Severability and Waiver 46 Article XXV - Contract Constitute s Entire Agreement 47 Article XXVI - Duration, Modification, and Termination 48 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 Fire Fighters, AFL-CIO, hereinafter referred to as the "Union", for the purpose of promoting harmonious relations between the City and the Union, to establish an orderly and peaceful procedure to settle differences which might arise, and to set forth the basic and full agreement between the parties concerning wages, rates of pay, and all other terms and conditions of employment. -1- " I I ARTICLE I RECOGNITION Section 1. The City recognizes the Union as the exclusive bargaining representative in accordance with Chapter 447, Florida Statutes, as amended, effective January 1, 1975, for the following agreed upon bargaining unit: FIREFIGHTERS All Firefighters, Fire Lieutenants, Fire Inspectors, but shall exclude all persons holding the rank of Fire Chief, Assistant Chief, Fire Captain, Fire Marshall and such other managerial employees as may be employed by the City, and shall additionally exclude all Fire Alarm Dispatchers and Fire Apparatus and Equipment Mechanics, clerical employees and professional employee s. Section 2. Should the City establish new job classifications within the Fire Department which are not of a managerial nature, the City shall, not less than thirty (30) days prior to staffing such clas sification, provide notice to the Union of the establishment of such classification and, if requested, bargain with the Union concerning wage rates and hours of employment for such clas sification. -2- ~-.. I I AR TIC LE II REPRESENTATIVES OF PARTIES Section 1. The City agrees that during the term of this Agreement it will deal only with the authorized representatives of the Union in matters requiring mutual consent or other official action called for by this Agreement. The Union agrees to notify the City of the name of such authorized represen- tatives as of the execution of this Agreement and replacement therefor during the term of this Agreement. Section 2. The Union likewise agrees that during the term of this Agreement the Union and the employees covered hereunder shall deal only with the City Manager or his representative in matters requiring mutual consent or other official action and specifically the Union agree s 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 1 ARTICLE III CITY'S MANAGEMENT RIGHTS Section 1. Except as expressly limited by any provision of this Agreement, the City reserves and retains exclusively all of its normal and inherent rights with respect to the management of its operations, whether exercised or not, including, but not limited to, its rights to determine, and from time to time redetermine, the number, location and type of its various operations, functions and services; the methods, procedures and policies to be employed; to discontinue the conduct of any operations, functions or service s, in whole or in part; to transfer its operations, functions or services from or to, either in whole or in part, to any of its departments or other divisions; to select and direct the working force in accordance with requirements determined by the City, to create, modify or discontinue job classifications; to establish and change working rules and regulations; to establish and change work schedules and assignments; to transfer, promote or demote employees; to lay-off, furlough, terminate or otherwise relieve employees from work for lack of work, lack of funds, or other legitimate reason; to suspend, discharge or otherwise discipline employee s for proper cause; to alter or vary past practice s 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 catastrophie s or disorders, the provisions of this Agreement may be suspended by the City Manager or Mayor during the time of the declared emergency, provided that wage rate s and other direct monetary payments shall not be suspended. -4- I I ARTICLE IV GRIEVANCE PROCEDURE Section 1. A grievance shall be defined as any difference, dispute or complaint regarding the interpretation or application of the terms of this Agreement. Section 2. All grievances filed shall refer to the specific section of this Agreement upon which the grievance is based and shall contain a concise statement of the facts alleged to support the grievance. Grievance s shall be processed in accordance with the following procedure and shall be determined by application of the terms of this Agreement, the laws of the United States, the State of Florida, and the Charter and Ordinances of the City of Clearwater. Step 1. The aggrieved employee shall present orally or in writing his grievance to his Captain within five (5) calendar days of the occurrence of the matter giving rise to the 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 shall reach a decision and communicate it orally or in writing to the aggrieved employee within five (5) calendar days from the date the grievance was pre sented to him. Step 2. If the grievance is not settled in the first step, the aggrieved employee, within five (5) calendar days of the date of the answer in the first step, shall reduce the grievance to writing, sign it and present it to the Assistant Chief or his designee. The Assistant Chief or his de signee shall obtain the facts concerning the alleged grievance and shall, within five (5) calendar days of receipt of the written grievance, meet with the aggrieved employee. The aggrieved employee may be accompanied at this meeting by a Union representative. The Assistant Fire Chief shall notify the aggrieved employee of his decision not later than five (5) calendar days following the meeting date. Step 3. If the grievance is not settled at the second step, the aggrieved employee, within five (5) calendar days of the date of notifi- cation from the Assistant Chief or his designee shall present the -5- I I written grievance to the Fire Chief. The Fire Chief shall obtain the facts concerning the alleged grievance and shall, within five (5) calendar days following receipt of the written grievance, meet with the aggrieved employee. The aggrieved employee may be accompanied at this meeting by a Union representative. The Fire Chief shall notify the aggrieved employee of his decision not later than five (5) calendar days following the meeting date. Step 4. If still unresolved, the grievance and all responses shall be submitted to the City Manager or his de signee. Within five (5) calendar days, the City Manager shall notify the employee, in writing, of his decision. Section 3. In the event that the grievance is unresolved, the matter shall be submitted to final and binding arbitration in the manner provided herein. Section 4. Arbitration A. Within five (5) days from the receipt of the decision of the City Manager, the party requesting to arbitrate the controversy shall give written notice to the other and shall at the same time reque st a list of five (5) arbitrators from the Federal Mediation and Conciliation Service. B. Within forty-eight (48) hours after receipt of the list of arbitrators, the Union and the City shall meet and each strike two (2) names therefrom; the remaining name shall designate the arbitrator. C. As promptly as can be arranged, the arbitration hearing shall be held and within fifteen (15) days thereafter, the arbitrator shall render his decision. The arbitrator, in rendering his decision, shall confine his decision to the controversy in question and he shall not have the authority to add to, take away from, alter or amend any provision of this Agreement. D. The decision of the arbitrator, insofar as it is in conformance with paragraph C hereinabove, shall be final and binding on both parties. E. The expense of the arbitrator shall be borne equally by both parties, except that if either side de sires a written transcript such side shall bear the costs thereof. -6- I I F. The time limits contained herein may be extended by the mutual written consent of the partie s. Section 5. Nothing contained herein shall prohibit the employee from utilizing the Civil Service grievance machinery, except that once an employee proceeds according to the steps in this Agreement he shall not thereafter have access to Civil Service for the resolution of the grievance involved. Section 6. Grievances arising out of the discharge, demotion, suspension or written reprimand shall be commenced within five (5) days of the action giving rise to the grievance and shall be commenced in Step 3 of the grievance procedure unless the employee elects to utilize the Civil Service Grievance machine ry . -7- I I ARTICLE V NO STRIKE Section 1. The Union agrees that during the term of this Agreement, it shall not authorize, instigate, condone, excuse, ratify or support any strike, slow-down, sit-down, work stoppage or any other act of like or similar nature likely to interfere with the efficient operation of the City's affairs engaged in or supported by members of the Union and/or employees represented by the Union or other agents or representatives of the Union. Section 2. Should the Union or a majority of the Union employees covered by this Agreement within the City's Fire Department breach this Article, the City may then proceed against the Union as covered in F. S. C. 74-100, Section 447.019, and such sections of State and Federal law that may apply. The City would also be entitled to obtain an injunction with notice at ex-parte hearing for breach of this Article. -8- I I ARTICLE VI STE WARDS Section 1. There shall be one steward for each shift. The Union shall provide written notice to the City of the appointment and/or replacement of stewards. Section 2. An employee having a grievance shall have the right to take the matter up with his Shift Steward or other Union Officer during working time, provided that neither the employee nor the Shift Steward may leave their assigned Fire Station without prior permission of the Assistant Chief or his relief to do so, and, provided further, that the employee and the Shift Steward shall not interfere with the normal operations of the Department. -9- I I ARTICLE VII CHECK-OFF Section 1. The City shall deduct dues and uniform assessments owed by the employee to the Union in an amount certified to be correct by the Union Secretary-Treasurer on a bi-weekly basis; provided, that prior to such deduction the Union has provided the City with a signed statement from each employee whose dues are to be deducted that such deduction is authorized; provided, further that such authorization is in a form satisfactory to the City. Section 2. Notwithstanding anything herein to the contrary, any authorization for dues deduction may be cancelled by the employee upon thirty (30) days written notice to the City and the Union. Section 3. The Union shall indemnify and hold harmless the City from any and all claims or demands and expenses in connection therewith based upon the City's participation in due s deduction. Section 4. Nothing contained herein shall require the City to deduct from a salary or be otherwise involved in the collection of Union fines, penalties or special assessments. -10- I I ARTICLE VIII NO DISCRIMINATION The City and the Union specifically agree that the provisions of this Agreement shall be equally applicable to all employee s covered herein without regard to race, color, religion, creed, sex, national origin, membership or non-membership in labor organization, or age, as provided by law. -11- I I ARTICLE IX HOLIDA YS Section 1. The following holidays shall be observed: New Year's Day Indeperidence Day Veterans' Day Christmas Day Memorial Day Labor Day Thanksgiving Day Day after Thanksgiving The above listed holidays will be paid according to the current practice. Section 2. In addition to the holidays listed in Section 1, each employee may receive three additional "floating holidays". For such floating holidays the employee shall receive his regular rate of pay for such day if he does not work that day, but shall not receive additional compensation. Neither the holidays listed in Section 1, nor any day for which an employee is not scheduled to work, may be designated as a floating holiday. Section 3. The selection of floating holidays shall follow a minimum of one week's notice of the employee's request and with the permission of the Department, which permission shall not be arbitrarily withheld. The Union agrees to supply the Department a list, not later than February 1, showing the desired dates for floating holidays for employees who have made their decisions as to which days shall be their floating holidays. Employees whose names appear on such list shall be given preference in the selection of days over employees not on such list. In case more than one employee on such list requests a particular day and the Department determines that both may not be off on that particular day, the senior employee shall be given preference. Section 4. If the employee chooses not to take a floating holiday, he shall receive 11. 2 hours of pay in lieu thereof payable prior to December 31. -12- I I ARTICLE X 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 Section 2. If a holiday occurs during a vacation period, the employee shall receive holiday pay at the current rate. Section -3. The scheduling of vacation shall be in accordance with seniority and with the consent of the Department. Section 4. Employee s becoming sick or having a death in the family while on vacation may use sick time or death leave for such period of illness or death providing the employee calls the City to notify such change of time. This period of time shall be added to his vacation. If the employee desires to use sick time, his illness must be verified by a physician. Section 5. Any employee who is separated from service shall be compensated by check for all unused vacation time accumulated at the regular rate of pay at the time of separation. -13- i [t ARTICLE XI WAGES Section 1. Basic wage rates for the respective fiscal years of this Agreement shall be as follows, stated on a bi-week1y basis: Section 2. In addition to the rates above, the additional factors for compensation as provided in the pay plan shall prevail. -14- I , ARTICLE XII PERSONNEL PRACTICES 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 receiving additional compensation over base pay under the provisions of Headquarters Lieutenant assignment, Driver-Operator assignment, or Lead- worker assignment and upon promotion, the application of an approximate five per cent increase over said base pay does not reflect an increase in over-all compensation, such employee shall be placed in a pay step in the class to which promoted which will provide an increase over the former base pay and designated assignment pay. C. If a Firefighter, Fire Lieutenant or Fire Prevention Inspector possesses EMT I certification, the following shall be done upon promotion: (1) If the employee was among personnel "grandfathered-in" to EMT I pay by the original and subsequent City-IAFF Contracts, such employee shall, upon promotion, be promoted in accordance with paragraphs A and/or B above and shall thereafter have the EMT I pay added as a supple- ment to the new base pay in the higher class. (2) If the employee was not "grandfathered-in" to EMT I pay by the original and subsequent City-IAFF Contracts, but is currently certified as an EMT I to an emergency medical services team and receiving 5% EMT I incentive pay, such employee shall, upon promotion, be promoted in accordance with paragraphs A and/or B above. The employee shall receive no other pay consideration for EMT I duties except when such duties in the new position are assigned in accordance with the current contract. (3) If the employee possesses EMT I certification but was not "grandfathered-in" to EMT I pay by the original and subsequent City-IAFF Contracts and is not currently as signed EMT I pay duties to an emergency medical services team (and receiving incentive pay therefor), such employee shall not be given any consideration upon promotion for EMT I designation. D. Paramedic pay shall not be considered in computing promotional pay or placement; however, paragraph C(l) will apply in cases where the employee is a "grandfathered" EMT I. -15- I I E. If a Fire Lieutenant who was "grandfathered-in" to EMT I pay by the original and subsequent City-IAFF Contracts changes his status from "line" to "paramedic" or "paramedic" to line, the following shall apply to pay adjustment: (1) If a "line" Fire Lieutenant or paramedic firefighter is receiving 5% "grandfathered" incentive pay and is sub- sequently assigned to, and functions as, a "paramedic" Fire Lieutenant or paramedic firefighter, said employee shall receive 15% over base pay and tre 5% lIgrandfathered" EMT I incentive pay shall be deemed to be incorporated therein. (2) If a "paramedic" Fire Lieutenant or paramedic firefighter drops from the paramedic program, whether voluntarily or involuntarily, said employee shall cease to receive the 15% incentive pay over base pay. However, if such employee was a "grandfathered" EMT I the employee shall then receive 5% EMT I incentive over base pay, provided he meets the requirements therefor. F. Rate of Pay on Changes in Status - Each per son who shall be inducted into a position in the classified service shall receive compensation at the minimum rate prescribed for the class of position except as provided in Rules for Administering the Pay Plan of the City of Clearwater, April l, 1965, and except as follows: (1) An employee who is demoted for lack of work occasioned by consolidation of a municipal function by another governmental agency, shall have his compensation fixed at the step in the range for the class to which he is demoted which is the same as the rate which the employee previously received or at the highest step in the range of the class to which he is demoted if that class maximum rate is less than the employee previously received. Such employee shall be placed at the head of the re-employment list for the class from which he was demoted. An employee otherwise demoted for lack of work, lack of funds or othe r causes beyond his control shall have his compensation fixed at the step in the range for the class to which he is demoted which is next lower than the rate which the employee previously received. Such employee shall be placed at the head of the re-employInent list for the class from which he was demoted. An employee who is demoted for any other reason shall have his compensation fixed at the step in the range for the class to which he is demoted to which he would be entitled had his previous employment with the City been in such lower class. (2) An employee who is transferred from a position of one class to a position of another class shall continue to be paid at the same rate if such rate is on a step in the pay range for the new class or at the next higher step if his previous rate is between steps in the range for the new class. -16- I I (3) An employee who is appointed from the re-employment list to a position in the department in which he previously served shall be paid at the step in the pay range which is equivalent to the step he was receiving when he was separated and shall be eligible for advancement to the next step when he shall have been re-employed a sufficient number of days to make up the number of days he lacked for eligibility at the time of separation. (4) An employee who is appointed from the re-employment list to a position in another department than that in which he was previously employed, may be paid at the same step in the pay range at which he was being paid when separated, or any step within the range which is not above the step at which he was previously paid. (5) Hereafter, when an employee's position is or has been reclassi- fied to a higher class, the employee may, upon approval of the Board and the Appointing Authority, be granted additional ste p increases above the minimum rate in order to give credit for the period of time the employee has been performing substan- tially the same duties and responsibilities of the higher class. (6) The Fire Chief, with the approval of the Appointing Authority, may assign any Fire Lieutenant to Headquarters (Station #1) duty for such period of time as will, in his opinion, best serve the interest of the City and within authorized limitations. Be- cause of the additional responsibilities incidental to such assign- ments, the affected employee shall be paid in addition to his regular sala:ry, an amoWlt equivalent to five per cent as deter- mined in the current Pay Plan during the period thus assigned. This provision shall not be deemed to include short term assignments for vacation or other relief periods not in excess of 30 calendar days. (7) Firefighters who have successfully passed Fire Department examination and/or test required for driver-operator and have been recommended by the Fire Chief and approved by the Appointing Authority, shall be paid, in addition to their regular salary, an amount equivalent to five per cent as determined in the current Pay Plan while assigned to driver-operator duties. (8) A department director, with the prior approval of the Appointing Authority, may assign leackvorker duties to a regular employee for such period of time as will, in his opinion, serve the be st interest of the City and within authorized budgetary limitations. Such assignment shall be made only when a small group of workers are, in the normal course of their duties, regularly required to work at a time and/or place without the degree of supervision which, in the judgment of the department director, is conducive to efficient performance. An employee assigned leadworker duties will be required to perform all the duties of his regular position and additionally exercise primary layout and/or supervisory functions in relation to other workers who are ordi- narily classified the same as the leadworker, accepting commen- surate responsibility for group performance. For the period of such assignment, a leadworker shall be paid an additional bi- weekly amount representing five per cent as determined in the current Pay Plan (by taking the difference between his current base rate and the base rate for the same pay step two ranges higher). -17- I I Section 2. Promotional Examinations 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 name s 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 admis sion to the examination. (5) The general scope of the tests to be used. C. Eligibility for promotional examinations may be restricted to persons employed in designated lower classes and/or in designated organizational units. Such persons shall be required to have completed their probationary period and and have been certified to permanent status in the lower class and/or to have had such other length of experience in the lower class or classes as may in the judgment of the Personnel Director be deemed appropriate for the particular examination. D. Disqualification of Applicants. The Personnel Director, on behalf of the Board, may reject the applica- tion of any person for admission to any examination or refuse to examine any applicant or to certify the name of an eligible for appointtne'l1t if, in his opinion, it is found: (1) That the applicant fails to meet the established qualification requirements for the position. (2) That the application was not filed on or before the closing date for receipt of applications specified in the public announcement. (3) That the applicant has made a false statement as to any material fact, has practiced or attempted to practice deception or fraud in his application or in securing eligibility or appointment. This provision shall be interpreted to include the use of any other than the applicant's legal name in making application. (4) That the applicant is affected with any disqualifying disease or is physically or mentally unfit to effectively perform the duties of the position. -18- I I (5) That the applicant has been guilty of any crime or infamous or notoriously disgraceful conduct. (6) That the applicant has a record of previous unsatisfactory service in City employment or elsewhere of such a nature as to demonstrate unsuitability for employment in a position of the class for which he is applying. (7) That the applicant has received a discharge other than honorable from the armed forces. (8) Any person who, by order of the Personnel Director, is denied permission to compete in any examination or whose eligibility is cancelled under the provisions of this Rule may make a written appeal to the Board for a final decision. E. Scope and Character of Examinations. (1) Provisions applying to promotional examinations: (a) All examinations except transfer examinations, shall be competitive. (b) All examinations shall be of such character as to fairly determine the qualifications, fitne s sand ability of applicants to perform the duties of the position to which appointment is to be made. (c) Examinations may be assembled or unassembled, and tests may be written, oral, physical or performance, or a combination of these types. They may take into consideration such factors (including age, experience, education, aptitude, capacity, knowledge, character, physical fitness, sex, and other qualifications) as, in the judgment of the Personnel Director, 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 con- cerning any political or religious applications, preferences or opinions. Any disclosure thereof shall be discountenanced and any such information which may nevertheless be revealed shall be disregarded. (2) Any promotional examination may include any combination of the factors listed in Subsection (1) above, and shall include credit for seniority and efficiency as indicated by the candidate's performance rating reports for the most recent three (3) year period of his employment with the City or during such portion therEOf for which these reports may be available. Seniority credit will be granted to the candidate prior to computation of the final test grade. One-half point credit will be added for each full year of service, up to a maximum of five points. Efficiency credit will be granted to the candidate prior to the computation of the final test grade and will be equitably and uniformly related to his employee performance reports for the aforementioned three (3) year period or for the period of time such reports are available. -19- I I F. Rating of Examinations. (1) The earned credit rating of each candidate shall be determined by the weighted average of earned credit ratings, according to weights established and published or announced by the Personnel Director, or his de~ignated representative, before the examination. 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. (2) Where it is stated in the announcement that an applicant, to become eligible, must attain a specified acceptable rating in any written or performance test, the remaining tests need net be given to any competitor who is found not to meet such requirement, and if given, need not be rated. G. Notification of Re sults. Each candidate shall be notified in writing of his name being placed on the eligible list or his failure to attain a place on the list. Any candidate may, within fifteen (15) calendar days following the mailing date of his notice of results, request permission to review his examination with the Personnel Director or his designated representative, and will be given reasonable opportunity to do so. H. Appeals from Ratings. (1) Any 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 there- upon cause a review of such rating to be made. If, upon review, errors, other than error of judgment, which affect the candidate's rating, are found, such errors shall be corrected. In the event such review discloses error, affecting the rating of other candidates, the ratings of the other candidates shall also be corrected. (2) No change made in the ratings of any candidate shall be deemed to invalidate or in any way affect any certification or appoint- ment previously made. Section 3. Promotional Lists 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 final grade shall be placed on the list by arranging the name s in alphabetical order in case of a list for original appointment, or by arranging -20- I I the name s in order of seniority in the case of a list for promoti01 . B. Duration of Lists All promotional eligible lists, whether resulting from examinations having a closing date for receipt of applications or from continuous examinations shall be established for the term and period of two (2) years from the date of the examination which established such eligibility. Section 4. Appointments In certifying from a promotional list for the filling of a vacancy in a permanent position, the Personnel Director shall certify the names of not more than five (5) persons standing highest on the list for such class who are willing to accept the appointment. Section 5. Probationary Period Before or at the expiration of the probationary period, the Appointing Authority may, by presenting to the employee reasons for such action in writing, dismiss an employee serving an original probationary period, or in the case of an employee serving a probationary period following promotion, return such employee to his former position. A copy of such notice shall be filed with the Personnel Director. Any employee who shall have completed the prescribed probationary period without having been dismissed or returned to his former position shall be deemed to have permanent status in his class of position, provided: (1) That the employee has made application to the Appointin g Authority for certification to permanent status, and (2) That the Appointing Authority has issued to the employee a written certificate of permanent status, or (3) That within thirty (30) calendar days after the aforesaid application by the employee, the Appointing Authority neither discharges the employee nor certifies him to permanent status. An employee who has been dismissed or demoted in accordance with the foregoing provisions shall have no right of appeal and his name shall be removed from the appropriate eligibility list for the class from which he was dismissed or demoted. Section 6. Seniority A. Definition - Seniority is hereby defined as the length of continuous service in City employment. -21- I I B. How Measured. (1) Seniority of employees who hold positions in the classified service on the effective date of these provisions and who have been certified to permanent status shall be measured from the beginning of their continuous employment and shall remain as presently established subject to and only to any necessary and proper adjustment authorized and approved by the Personnel Director. (2) Seniority of employees appointed from a certification subsequent to the effective date of these provisions and employees previously appointed and serving a probationary period on the effective date hereof shall be measured from the date of entry on duty following such appointment, except that persons certified and appointed to temporary positions shall not accumulate seniority during such employment. If any such employee shall have served on a temporary basis in a position of the same class immediately preceding permanent appointment and shall be retained and certified,to permanent status at the completion of the prescribed probationary period under the applicable provisions of this Article, his seniority shall be measured from the beginning date of his continuous service. (3) Emergency, provisional, seasonal and temporary part-time employees shall not accumulate seniority during any period of such employment. C. Continuous service shall mean employment by the City in a position in the classified service without interruption or break, except that the following shall not be considered as breaks in employment: (I) Leaves of absence or time off with or without compensation granted pursuant to this Contract. The length of any such leave shall not be deducted from the length of continuous service in computing seniority. (2) Layoffs for lack of work, lack of funds, abolition of position, or because of material changes in duties or organization, not exceeding one year in length, followed by reinstatement or by appointment from the re -employment list. The length of any such layoff shall not be deducted from the length of continuous service in computing seniority. (3) Disability retirement if and when followed by reinstatement. The length of any such disability retirement shall not be deducted from the length of continuous service in computing seniority. (4) Suspensions in accordance with this Agreement. The length of any such suspension shall not be deducted from the length of co ntinuous service in computing seniority. (5) Dismissals which shall subsequently be withdrawn or modified by the Appointing Authority or by action of the Board in accordance with this Agreement. The length of such separation shall not be deducted from the length of 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 re-employment list; provided, however, that the actual length of separation from the service shall be deducted from the length of continuous service in computing seniority. D. Uses - In addition to the circumstances and conditions wherein, by the provisions of the Act and/or these Rules, seniority has been determined to be the controlling factor, ilshall also be given reasonable consideration in ci!.etermining -22- I I the order of lay-off, the order of names on a re-employment list and in promotions in accordance with the rules governing those procedures. E. Transfer - In the event of a transfer or appointment from certification to another department, an employee shall retain all accumulated seniority. Section 7. Vacation Leave A. Every full-time or permanent parttime employee who is compensated on a salaried or hourly-rated basis shall be entitled to an annual vacation leave with pay at his regular salary or hourly rate in accordance with the provisions hereinafter set forth. B. The vacation year shall be a calendar year, and, except as hereinafter provided, the vacation shall be deemed to have been earned in the calendar year immediately preceding the calendar year in which it is taken or becomes due. Any vacation heretofore taken shall be construed to have been earned prior to the time it was taken. Except when specifically requested by the department head and approved by the Personnel Director, vacation leaves may not be anticipated but shall be taken as herein provided. C. A full-time permanent employee shall be deemed to have earned and be eligible for his first vacation on the first anniversary date of his employment, provided that such first anniversary date falls on or before the thirtieth day of September in that calendar year. In the event that such employee I 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 con- template continuous service as hereinafter defined. D. Thereafter, and during his continuous service as hereinafter defined, such employee shall become eligible for a vacation on the first day of each succeeding calendar year. E. In the event an employee is on a leave of absence without payor is absent because of sick leave without pay, time off without payor vacation without pay and the total of such absence or absences amounts to ninety (90) calendar days or more in any calendar year, the employee shall not be deemed to have earned a vacation in that calendar year. -23- I I Section 8. Sick Leave A. Every full-time permanent employee who is compensated on a salaried or hourly- rated basis shall accumulate sick leave in accordance with the pro- visions hereinafter set forth. Permanent part-time employees shall accumulate sick leave on the basis that 173 hours actually worked shall be considered equivalent to one canpleted month of service. Temporary, emergency, pro- visional, seasonal and temporary part-time employees shall not be entitled to sick leave benefits. B. Each employee covered by the provisions of this section who, as of July 1, 1963, had accumulated unused sick leave to his credit, has had such sick leave converted to an hourly basis by multiplying the number of accumulated unused sick leave days by eight and the resulting number of hours placed to his credit. Thereafter all covered employees are governed by the following provisions: (1) For the purposes of this section, each full-time employee shall be considered as belonging to one of these groups: (a) Employees whose regularly scheduled work week approximate s forty (40) hours. This group shall comprise employees whose regularly scheduled work week is Ie s s than fifty- six (56) hours. (b) Employees whose regularly scheduled work week approximate s fifty- six (56) hours. This group shall comprise employees whose regularly scheduled work week is fifty- six (56) hours or more. (2) Employees in group (a) above shall accumulate sick leave on the basis of ten (10) hours for each completed month of service. Employees in group (b) above shall accumulate sick leave on the basis of fourteen (14) hours for each completed month of service. (3) Unused sick leave may be accumulated without limit for each completed month of service which shall be deemed to include all authorized time off except as otherwise specified by the provisions of this section. (4) Sick leave shall not accumulate during a suspension, lay-off, vacation without payor leave of absence without pay. (5) All accumulated unused sick leave shall be credited to any employee recalled from a lay-off, transferred, or certified to another department or classification without break in service, appointed from a re-employment list or returning from a leave of absence. (6) In the event an employee has been separated and paid for accumulated unused sick leave as hereinafter provided, or has been dismissed for cause and subsequently is re-employed by the City, his subsequent sick leave accumulations shall be calculated as a new employee. -24- I I (7) Under the provisions of this section, an employee may utilize his 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. Fractional daily hour s shall be rounded off to the next even hour. In the event of absence from duty for part of a regularly scheduled work day, the employee's sick leave will be charged for the actual time absent rounded off to the next even hour. (8) Sick leave shall not be considered a privilege to be used at the employee's discretion but shall be used only for his absences: (a) Due to personal illness or physical incapacity caused by factors over which the employee has no reasonable immediate control. (b) Necessitated by exposure to contagious disease in which the health of others ww.1d be endangered by his attendance on duty. (c) Due to dental appointments, physical examinations, or other personal sickness prevention measures, the scheduling of which at times other than during his regular working hours is impossible or unreasonable. (d) Due to illness of a member of his immediate family which requires his personal care and attention, not exceeding, in anyone calendar year, the accumulated number of scheduled work hours in the employee's regularly scheduled work week under the provisions of paragraph (1) hereof. The term "immediate family" as used in this paragraph shall mean parents, grandparents, children, grandchildrEn, brothers or sisters of the employee or of the employee's husband or wife. It shall also include any member of the employee's household. (e) Due to a death in the employee's immediate family, not exceeding four scheduled work days at anyone time. The term Ilimmediate family" as used in this paragraph shall mean parents, st~p-parents, grandparents, children, step- children, grandchildren, brothers, step-brothers, brother's wife, sisters, step- sisters, sister's husband, aunts, uncle s, nephews, nieces, and first cousins of the employee or of the employee's husband or wife. It shall also include any members of the employee's household. In the event that unusual circumstances should necessitate an absence longer than four scheduled work days to accomplish the purpose for which this paragraph is designed, the employee's depart- ment head with the prior approval of the Appointing Authority, may authorize an extension of such duration as may be necessary and proper. In such event, the employee shall sub- mit documentary evidence substantiating the need for the extension in form and substance acceptable to the department head and the Appointing Authority. (9) 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. (10) The employee shall be required to submit evidence in the form ofca medical certificate, of the adequacy of the reason for his absence during the period of time for which sick leave is granted: -25- I I (a) When the illness of an employee necessitates an absence for three consecutive scheduled work days or more. (b) When reque sted by the department head. (11) 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 supervisor and his department head, and when supported by a state- ment from competent medical authority substantiating the continuance of such illness or incapacity, obtain a sick leave advance up to but not exceeding the amount of accumulated unused sick leave which the employee had to his credit at the time such current illness or 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: (a) By the subsequent accumulation of sick leave in the amount nece s sary to retire such loan, or (b) 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 moneys otherwise due the employee, an ..mount 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. (12) Whenever an employee has advance knowledge that he will require a sick leave of more than thirty (30) calendar days' duration, he shall submita written request to his immediate supervisor. On approval of the super- visor and department head, the request shall be forwarded to the Civil Service Board for its approval which must be secured prior to such leave. Each request of this nature shall be supported by evidence in the form of a medical certificate, of the adequacy of the reason for such sick leave. The Board may require further medical reports from time to time on all sick leave in excess of thirty (30) calendar day s. (13) An employee on duty injured in an accident, arising out of and in the course of his City employment, may elect to be continued on the payroll to the extent of his accumulated unused sick leave as hereinafter provided. An employee receiving sick leave with pay under the proyisiQns of this sub- section who simultaneously receives income under the Workmen's 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 accumu- lated unused sick leave shall be charged only in the same proportion as his sick leave payment is to his regular bi-weekly salary which shall be deemed to be that same proportion of the number of regular hours he would otherwise have been scheduled to work for the day, week or other period involved, rounded off to the next even hour. (14) An employee may not utilize his accumulated sick leave reserve for absences resulting from an injury arising out of and in the course of employment, other than City employment, for which monetary or other valuable consideration is received or expected. (15) In the interest of equitable administration, sick leave shall not be used for any loss of time from employment by reason of illness or physical incapacity due to pregnancy or childbirth. -26- I I (16) Except in the cases of injury incurred in the line of duty, employee s shall not be entitled to use sick leave until the completion of six (6 ) calendar months of continuous service following the date of original appointment. (17) Upon separation from the City service, an employee shall be paid one-half (1/2) his accumulated unused sick leave, provided: (a) That the rate of payment shall be based on the regular bi- weekly salary of the employee (including longevi ty) 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 bi-weekly period. If an employee is separated upon the termination of a leave of absence or the effective date of a resignation execu- ted under the provisions of paragraph (3) of this sub- section, the rate of payment shall be based on the regular bi-weekl y salary of the employee (including longevity) at the beginning of his leave of absence or the date the resignation was executed, and (b) That at the time of separation, the employee has had at least five (5) years of continuous service with the City. Leaves of absence without pay, suspensions, and separations followed by subsequent re-employments shall not be consi- dered as breaks in service; provided, however, that the length of such time-off or separation shall be deducted from the total length of service except that military leaves and and leaves during which employees are receiving Workmen's Compensation shall not be deducted, and (c) 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 reasonable immediate control, such as death, prolonged illness or physical or mental incapacity, material changes in family status occasioned by death, illness or disability in immediate family, inability to effectively perform duties because of age, physical condition, material changes in methods, procedures or organization, or for other reasons of like character as distinguished from reasons such as volun- tary separation to seek or accept other employment 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 has been dismissed for cause shall have no claim for skk leave payment. Notwithstanding the foregoing provisions of this paragraph, an employee who may otherwise be eligible for retirement under the City Employees' Pension Plan, the Firetnan's Relief and Pension Fund or Federal Social Security, or who may be approaching such eligibility date, may utilize one-half (1/2) of his accumulated unused sick leave to the extent thereof to advance his retirement date. In that event the employee shall execute a resignation to be- come effective on the date that such accumulated unused sick leave would be exhausted. Such re signation shall be irrevoca- ble and retirement shall begin at the time said re signation becomes effective. In the interim, payment for accumulated unused sick leave shall be made as a continuation of the employee's regular bi-weekly salary (including longevity) from which all regular payroll deductions shall be made in order to preserve his retirement status. Accumulated unused sick leave will be charged as outlined in paragraph (a) of this subsection. -27- I I (18) These sick leave provisions are de signed 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 pay check when illness or accident occurs and yet experience has shown that none is considered more lightly or subject to more abuse. Every effort has been made to encourage the conservation of these benefits for the purposes designated and the provisions hereof contemplate equitable and honorable utilization by affected employees. Fairness, therefore, dictates the reminder that the use of sick leave for purposes other than those designated herein will be considered a major rule infraction to be followed by disciplinary action up to and including dismissal. The Personnel Director and the Appointing Authority assume a joint responsibility 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 9. Absence Without Leave A. Any employee who is absent from duty for three (3) consecutive work days without notice and valid reason therefor, shall be deemed to have voluntarily terminated his City employment and to have vacated his position and will be separated from the payroll as a dismissal, unless a leave of absence is subse- quently granted under any of these rules. B. The failure of an employee to report for duty at the expiration of a leave of absence or vacation leave with or without pay, shall be deemed an absence without leave. Section 10. Time Off From Duty A. An employee shall be granted necessary time-off from his duties with compensation for any of the following reasons: (1) Attendance at professional or other conventions, institutes, courses, or meetings when such attendance, in the opinion of the Appointing Authority, may be expected to contribute to the betterment of the City service. (2) Attendance at in- service training and other in- service meetings when, in the opinion of the Appointing Authority, such meetings are designed to improve the City services and/or the employee's performance or to prepare him for advancement. The pro- visions of this paragraph shall be deemed to include authorized safety meetings. -28- I I ARTICLE XIII POSTING OF AGREEMENT The City and the Union agree that this Agreement shall be posted by the City in a conspicuous place at each Fire Station. Further, the Union agrees, within thirty (30) days after the execution of this Agreement, to supply individual copies of this Agreement to each member of the bargaining unit. The City shall bear one-half Jl /2) of the cost of duplication. -29- I I ARTICLE XIV BULLETIN BOARDS The City agrees to provide space on bulletin boards at each Fire Station for posting by the Union of notice s of meetings or other official Union information; provided, the Assistant Chief or his designee shall first review such posting, and if found to be outside of the scope of this Article, such posting shall be modified to the mutual agreement of the parties. -30- I I ARTICLE XV WORK SCHEDULE Section 1. 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: IIAII, "B", and "CII, who will work in the following rotation (See sample monthly work schedule below). Sun. Mon. Tues. 1 work 2 off 3 work 8 off 9 off 10 work 15 off 16 off 17 off 22 off 23 work 24 off Wed. 4 off 11 off 1 8 off 25 off Thurs. 5 wor k 12 work 19 work 26 off Fri. Sat. 7 off 14 work 21 work 28 work 6 off 13 off 20 off 27 off 29 off 30 work, etc. INSPECTION DIVISION: Inspectors will work in shifts of 8:00 A. M. to 4:30 P. M. and 8:30 A. M. to 5:00 P. M., Monday through Friday, with a thirty minute lunch break for each inspector. The Chief reserves the right to assign the necessary personnel to each shift, but it is agreed that the assignments will not be made in an arbitrary or capricious manner. Section 2. Notwithstanding any provision to the contrary, the City retains the right to adjust work schedules only for the purpose of complying with the Fair Labor Standards Act without providing additional compensation for regularly scheduled hours. Prior to making any such change, the City shall provide the Union not Ie s s than thirty (30) days notice and, if reque sted, bargain with the Union concerning the anticipated change. Section 3. The current practice of selecting individuals required for overtime work shall be continued except that a list shall be maintained so as to equalize overtime to the extent practicable. The current practices regarding overtime compensation shall be continued for the duration of this Agreement. 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. -31- I I B. That the persons desiring the exchange notify the company officer of the anticipated change not less than forty-:eight (48) hours prior to the start of the anticipated change unle ss such exchange arise s under emergency situations. C. That no person may be allowed to exchange more than seventy-two (72) hours per fiscal year unless the shift commander in his discretion allows persons to exceed such limitation. D. That the member working the time will be covered by all applicable benefits in case of injury while filling in, but will not receive pay for this pe riod. E. If the person agreeing to loan or fill in time is sick or fails to appear for the exchange, his sick leave account or pay will be charged. F. The person agreeing to fill in for another member is obligated to remain on duty in the absence of the person with whom the exchange is made. G. Notwithstanding any provision to the contrary above, the City shall not be required to allow an exchange if doing so would impose upon the City liability for any additional overtime compensation over what persons may other- wise be entitled to. Prior to discontinuing the exchange allowance for this reason the City shall notify the Union concerning the legal basis for the decision to do so. H. Time exchange is subject to a one hour minimum and at one hour increments. Further, upon request, the City shall meet with the Union to bargain acceptable changes in the exchange practice. Section 5. When an employee is called in at leasttwenty(2D) minutes prior to the start of his regularly scheduled shift, he will be paid a minimum of four (4) hours at the applicable rate. The City may require the employee to remain on duty for the duration of the four (4) hour period or for as long as he is needed, at the option of the City. When an employee is held over more than twenty (20) minutes, he will be paid a minimum of two hours at the applicable rate. The City may require the employee to remain on duty for the duration of the two-hour period or for as long as he is needed, at the option of the City. -32- I I AR TIC LE XVI WORK RULES AND PREVAILING RIGHTS Section 1. It is understood and agreed by both parties that the duties performed by members of the bargaining unit cannot always be covered by job descriptions and, therefore, members of the bargaining unit may be required to perform duties in addition to aU'those listed within the current job descriptions which are, in the judgment of the City, related to the purposes of the Fire Department, which judgment shall not be arbitrary, capricious or unreasonable. Section 2. Any Fire Department Rule or Regulation in conflict with this Agreement shall be of no force and effect. Section 3. Prior to the implementation of any changes in the existing Fire Department Rules and Regulations, the Fire Chief must provide ten days notice and set up a meeting to discuss such change. Any proposed rule change the Union does not agree with must be submitted to the Civil Service Board, which shall conduct a public hearing on the proposed change, affording the Union an opportunity to be heard. The Civil Service Board will prepare written findings and recommendations. If the Chief takes an action inconsistent with the Board's findings and recommendations, he must submit in writing his reasons for doing so, indicating the areas in which he disagrees with the Board. He will submit a copy to the Secretaty of the Civil Service Board, and to the Union. The issue of whether such proposed change conflicts with this Agreement shall be subject to the grievance procedure contained herein. Section 4. All rights and working conditions enjoyed throughout the Department by the employees at the present time and known to the Chief or Assistant Chief (Operations), which are not included in this Agreement shall be pre sumed to be reasonable and proper and shall not be changed by the City in an arbitrary or capricious manner; provided that nothing contained herein shall limit the City's rights under Sections 1, 2 and 3. -33- I I ARTICLE XVII SENIORITY AND LAY -OFFS Section 1. Seniority shall prevail in cases of lay-off provided ability is relatively equal. Section 2. If reduction in force requires the lay-off of a lieutenant or inspector, the affected lieutenant or inspector may, at his option, revert to the position he held prior to his promotion to lieutenant or inspector. If this move- ment requires further reduction in force, the same shall be accomplished in accordance with Section 1 above and the process be continued down through the ranks. Section 3. No new employee shall be hired until the employee on lay-off has been given an opportunity to return to work at his original seniority date and position; provided, that after one year of lay-off the employee shall cease to accrue seniority and that such re-employment rights shall cease after five (5) years from the date of lay-off. Section 4. Civil service shall govern the effects of lay-off on employment benefits. Section 5. The City shall prepare a current seniority list and post same on all bulletin boards and update such list as needed. Section 6. Unless otherwise agreed to herein, seniority, as posted, shall control employment decisions to the same extent as of the execution of this Agreement. -34- I I ARTICLE XVIIT PARAMEDICS Section 1. A Paramedic is an employee within the City's Fire Depart- ment who is assigned by the Department to perform emergency medical services in an emergency medical services program and who has successfully completed and passed a Paramedic training program recognized by the Department and approved by the local medical community as providing advanced training in the "D.O.T. Paramedic/E. M. T. II course" and offered at the St. Petersburg Junior College, and who has met such other qualifications as may be established by the State of Florida to be a "paramedic", "E. M. T. II" or such other name as is attached to personnel performing the functions contemplated by the parties hereto. Section 2. The title of "Paramedic" is not a separate job classification within the Fire Department and those employees assigned as Paramedics shall continue in the rank they hold while being assigned as "Paramedics". Section 3. No employee assigned as a Paramedic shall be held ineligible to participate in promotional examinations held in the City's Fire Department nor shall service as a Paramedic otherwise disqualify an employee from promotion. Section 4. As it is desirable for the Clearwater Fire Fighter Paramedics to stay abreast of the latest equipment, techniques and procedures, the City agrees to subscribe, on an annual basis, to those stations where Paramedics are assigned, to those publications selected by the emergency room physicians who work with Paramedic teams. Section 5. When a Paramedic is required by the Department to attend classes or seminars in furtherance of his continuing education in the delivery of emergency medical services, such time will be included in the hours worked by the employee. However, an employee who is required to attend but does not do so (except for sickness, vacation, or other authorized leave) shall be subject to discipline, provided the employee is given seven (7) days' notice. Section 6. Should the City's Fire Department cease to operate emergency medical services teams, those employees assigned as Paramedics shall continue to be employed by the City on the same basis as any other employee in the bargaining unit. -35- I I ' Section 7. Monetary Incentives A. Employees assigned as Paramedics shall receive, in addition to their base rate of pay, 15% incentive pay while so assigned. B. Employees of the Department who currently receive 5% incentive E. M. T. I pay and who are not assigned as Paramedics shall continue ,to receive such pay, provided the employee retains his state certification as an E. M. T. I. C. Employees becoming certified as E. M. T. I's to an emergency medical services team shall receive 5% E. M. T. I incentive pay. D. The member of a Paramedic team assigned to maintain biomedic equipment used in Paramedic services shallrecei.ve 2-1/2% of his ba se rate of pay as incentive pay for the performance of those duties and only while so assigned. E. The incentive pay contained herein shall be calcul<;lted according to the same methods currently used to calculate E. M. T. I pay. F. The Department agrees to publish a semi-annual list of all E. M. T. I and Paramedic employees and the dates of expiration of thei. r certification. The Department also agrees to contact the appropriate person at St. Petersburg Junior College and request that a refresher course be set up, but cannot agree to 'bind the J'unior College. G. Any member of the bargaining unit is eligible to participate in the E. M. T. I training program as classes in the program become available; provided, however, that the Chief reserves the right to deny a request if manpower would be significantly impaired. Those members completing the course and becoming state certified, will be eligible for 5% incentive pay, when so assigned. The member will be required to maintain certification in order to be eligible to receive the incentive pay. Section 8. Assignment and Removal as Paramedic A. The assignment of employees as Paramedics shall be at the discretion of the Department. B. The removal of the assignment as Paramedic shall not be subject to the contractural grievance procedure or civil service grievance procedure when the removal is based upon the judgment of the medical COmmunity with whom the Paramedic works. -36- I I c. The removal of the assignment as Paramedic shall not be subject to the contractural grievance procedure or civil service grievance procedure when the removal is based upon the judgment of the Department that the removed Paramedic was not performing to the standards desired by the Departm~nt or the medical community. D. The removal of the assignment as Paramedic shall be subject to the contractural grievance procedure or the civil service grievance procedure only if such removal is based on a determination by the Department that the employee is guilty of a breach of discipline. E. Neither the Arbitrator nor the Civil Service Board shall have the power to substitute his (their) judgment for that of the Department or the medical community with whom Paramedics work in relation to performance of employee s to the standards of excellence de sired by the City or the medical community. Section 9. The parties agree that Paramedics are not professional employee s within the meaning of the Florida Public Employee s Relations Act. -37- I I ARTICLE XIX LINE OF DUTY INJURY PAY Section 1. The City hereby agrees to pay the following compensation to any employee injured in the line of duty in accordance with the following definitions, terms and conditions: A. Compensation shall be payable under this Section only with respect to disability as the result of injury to an employee where such injury is incurred in the line of duty. B. An injury shall be deemed to have been incurred in the line of duty if and only if such injury is compensable under the Florida Workmen's Compen- sation Law. C. The amount of compensation paid shall be the amount required to supplement funds received from the Florida Workmen's Compensation Law and any other disability or other income plan provided by the City, either by law or by agreement, to the point where the sum of the supplement herein provided and all other payments herein described equal the employee's weekly wage at the time of the injury. D. No compensation under this Section shall be allowed for the first seven (7) days of disability; provided, however, that if the injury results in disability or more than fourteen (14) days, compensation shall be paid from the commencement of the disability. E. The term disability as used in this Section means incapacity because of the line of duty injury to earn in the same or any other employment the wage s which the employee was receiving at the time of injury. F. It is the intent of this Section to provide supplemental compensation for line of duty injurie s only, and this Section shall not be construed to provide compensation in the event of death or injury incurred in any manner other than in the line of duty. In the event of any dispute or disagreement concerning the interpretation of the terms of this Section, then the decision s concerning definition of those terms issued under the Florida Workmen's Compensation Law shall control. -38- I I G. The maJdmum period for which payment may be made under this Section shall be ninety (90) days from the date of injury for each injury, including recurrences thereof. No payment made by the City during said period shall be charged against any sick leave which the employee may have accrued. Section 2. It is the intention of the parties that no ing in this Agreement shall interfere with the normal procedures under the Workmen's Compensation Laws or the requirements of the City's workmen's compensation insurance carrier. Subject to such intended limitations: A. An employee who is injured in the line of duty and whose condition require s hospitalization shall have the right to select his own hospital and his own physician. The choice shall be made by the injured person or if the condition prevents him from making such choice, by his family. The Firefighter shall at all times have the right to change his physician. If the injured Firefighter requires hospitalization and medical treatment outside the City of Clearwater, it shall be permitted and will not affect articles and sections of this Agreement. B. In other cases involving injuries in the line of duty which do not require hospitalization, the injured employee shall have the right to be treated by a physician of his own choice. Section 3. If an employee is killed in the line of duty, the City shall pay to the widow or heirs of such deceased employee his accumulated severance pay. Within forty-eight (48) hours of the death of the employee, the City shall deliver to the spouse or surviving children or the employee's dependent beneficiary a check for the sum of one month's current salary of the employee. Section 4. Upon return from working a fire, the employee may request a physical examination by the City physician to ensure the employee is stable and capable of returning to work. This right may be rescinded on an individual basis if repeatedly abused. -39- I I ARTICLE XX LEAVES OF ABSENCE Section 1. Sick Leave for Family Illness Sick leave will be accrued in the same manner that it is presently earned. An employee may utilize his accumulated sick time due to an illness in his immediate family (as that term is defined in Article XII, Section 8(B)(8)(d) of this Agreement)up to a maximum of 56 hours in each fiscal year; provided that so much of the 56 hours that is not used in one year may be carried over and used in the next succeeding year. Se ction 2. Fune ral Leave The current practice of allowing employee s time off with pay because of the death of family members shall be continued, except that the time off shall not be charged against the employer's accumulated sick leave for absences following the death of the employee's spouse, children, brother, sister, or parents. Additional time may be granted by the Fire Chief. Section 3. Right to Contribute Work In the event that an employee's illne s s or physical incapacity should continue beyond the point where his accumulated sick leave, if any, has been exhausted, he may elect to have other qualified employee s of the Department perform his regular duties; provided that such substitution would not require overtime compensation for the substitute. Section 4. Any funeral leave, other than provided for in Section 2 above, will be governed by Article XII, Section 8(e), page 25. -40- '- I ARTICLE XXI MISCE LLANE OUS -41- I I I Section 9. To the extent that employees are presently allowed to play handball, such allowance shall continue for the duration of this Agreement. Section 10. The current practice of paying accrued rights and benefits to the designated beneficiary or next-of-kin upon the death of an employee shall continue. Section 11. The current practice of college tuition reimbursements shall continue. Section 12. The Department shall counsel with any employee who is passed over by another candidate on the list of promotions. Section 13. The City agrees to continue the issue of all safety equipment presently issued to the members of the unit on the same basis as currently issued. Section 14. The Department shall submit all required time slips and pay requests to insure prompt payment of all provisions of this Agreement and that of the City Pay Plan. Section 15. The City shall pay for cleaning uniform trousers, uniform jackets and bed blankets. Section 16. Employees covered by this contract shall not be required to perform lawn maintenance at the fire stations. Section 17. Notwithstanding anything to the contrary herein, persons selected for paramedic training, during the training period, shall work a normal combat schedule plus the hours necessary to attend trai ning sessions, such additional time to be paid at the straight time hourly rate of pay. Section 18. Any employee whose appearance is required in Circuit Court or County Court as the result of a matter arising out of the course of his employment, shall receive a minimum of two (2) hours pay if such attendance is during the employee's off-duty hours. This same provision shall also apply when the employee is subpoenaed to appear at the State Attorney's Office, Public Defender's Office, or a private attorney's office, in a criminal 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. -42- I I Section 19. Sick Leave Accrual An employee may elect to apply 50% of his accrued sick leave toward an early retirement date, or may elect to draw a lump sum bonus equal to 50% of his accrued sick leave calculated at the salary rate applicable on his resig- nation date. The election is irrevocable. Section 20. The City will reimburse to the employee at the rate of Seventeen Cents ($. 17) 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 table to ascertain the distance between any two (2) Fire Stations. The money shall be paid September 30 of each year. In the event that an employee is transported in a City vehicle under the provisions of this part, the City will provide the employee transportation back to his duty station at or before the end of the employee's tour of duty if the employee so reque sts. Section 21. Health Insurance The City agrees to meet with the LA. F. F. and permit the LA.F. F. to propose insurance benefits, which benefits the City will accept, provided: (1) That the cost to the City for such coverage will not be greater than the current cost. (2) That the benefits are available equally to all members of the bargaining unit. (3) That the benefits shall be at least as comprehensive as the current benefits. The City further agrees to provide the 1. A. F. F. with such information as would be required to formulate such a benefit package and to cooperate with the 1. A. F. F. to obtain pertinent information from the present carrier. Until a benefit package is formulated and put into operation, the City agrees to continue the current benefits. -43- I AR TIC LE XXII PHY SICAL EXAMINATION -44- I I I ARTICLE XXIII AMENDMENTS This Agreement may be amended at any time by the mutual written consent of the parties, but no such attempted amendment shall be of any force or effect until placed in writing and executed by each party hereto. -45- . . , '- I I ARTICLE XXIV SEVERABILITY AND WAIVER Section I. Each and every clause of this Agreement shall be deemed separable from each and every other clause of this Agreement to the end that in the event that any clause or clauses shall be finally determined to be in violation of any law, then and in such event, such clause or clauses only, to the extent only that any may be so in violation, shall be deemed of no force and effect and unenforceable, without impairing the validity and enforceability of the rest of the contract, including any and all provisions in the remainder of any clause, sentence or paragraph in which the offending languagetP-ilY 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 article s or sections. -46- '. t I I ARTICLE XXV CONTRACT CONSTITUTES ENTIRE AGREEMENT OF THE PARTIES The partie s acknowledge and agree that, during the negotiations which re suIted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter included by law within the area of collective bargaining and that all the understandings and agreements arrived at by the partie s 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 .t\greement, each voluntarily and unqualifiedly waives the right to require further collective bargaining, and each agrees that the other shall not be obligated to bargain collectively with respect to any matter or subject not specifically referred to or covered by this Agreement, whether or not such matters have been discussed, even though such subjects or matters may not have been within the knowledge or contemplation of either or both parties at the time that they negotiated or signed this Agreement. This Agreement contains the entire contract, understanding, undertaking, and agreement of the parties hereto, and finally determines and settles all matters of collective bargainlng for and during its term, except as may be otherwise specifically provided herein. -47- .' .. I I ARTICLE XXVI DURA TION, MODIFICATION AND TERMINATION This agreement shall be effective as of the 1 st day of October, 1979, and shall continue in full force and effect until the 30th day of September, 1981. At least one hundred twenty (120) days prior to the termination of this Agreement, either party hereto shall notify the other, in writing, of its intention to modify, amend or terminate this Agreement. Failure to notify the other party of intention to modify, amend or terminate, as hereinabove set forth, will auto- matically extend the provisions and terms of this Agreement for a period of one (1) year, and each year therec;l.fter absent notification. -48- " I "_ . I I IN WITNESS WHEREOF, the parties hereto have hereunder set ~ their hands and seals this <<" day of Attest: "'-e.U.c- L ~. ~ JAJ City Clerk Approved as to form and correctness: ~~K~ CHIEF I/sslSml)TCity Attorney Signed, sealed and delivered in presence of: ((!?r" ff' ~~ M~~,' As to City ~;~~:r'/ JA.a~().4/ u,. ~AVI~~ AstoI.A.F.F. e~ f.-v , l\. D., 1979. CITY OF CLEAR WA TER FLORIDA By L (, L~~ i{,lr-- - Mayor - C ommis sione r INTERNA TIONAL ASSOCIATION OF FIRE- FIGHTERS, AFL-CIO, Local 1158 By9~.;LJ -49- , , , AGREEMENT TO CANCEL LEASE WHEREAS, the CITY OF CLEARWATER ("Lessor"), and CLEARWATER FIREFIGHTERS ASSOCIATION, 1. A. F. F., (1ILessee"), entered into a Lease Agreement dated January 2, 1975, relating to the following de scribed real property: The West 1/2 of Lots 17 & 18, Sue Barco Subdivision, as recorded in Plat Book 1, Page 26 of the Public Records of Pinellas County, Florida, also known as 306 & 306 1/2 Seminole Street, Clearwater, Florida, and WHEREAS, the Lessor desires to regain use and control of the premises which are the subject of said lease; and, WHEREAS, the Lessee desires to be relieved of the covenants to maintain and repair the premises; and, WHEREAS, the Lessee no longer makes beneficial use of the premises; NOW, THEREFORE, it is hereby mutually agreed by and between the parties hereto that the Lessee will surrender control of the premises to the Lessor as of the date of this Agreement, and the aforementioned Lease Agreement is hereby cancelled effective upon the execution of this Agreement. IN WITNESS WHEREOF, Agreement on thisLMay of the parties hereto have executed this 911 &~I , CITY '~EARWATER, ~? I A. D., 1978. FLORIDA .~ I' cpJ::zed' ~3f~ Mayor-Commissioner . By to form Attest: ~~/' , /~ I /"" '" ',,/) ," C~t)!; Clerk Signed, sealed and delivered i:?;e?~ )-" ,. ,<1.' __-7(, ,,/ ~,~~ ~v- As to City CLEAR WA TER FIREFIGHTERS ASSOCIA TION, 1. A. F. F. By/6.~;/#A~ I~ Pre ent Mi~ As to .learwater Firefighters Association, LA. F.F. Attest: Secretary ,/