R94-157RESOLUTION NO. R94-/~-~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE THE 1993/95 COLLECTIVE BARGAINING
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH
AND BOYNTON BEACH ASSOCIATION OF FIRE
FIGHTERS LOCAL 1891 OF THE INTERNATIONAL
ASSOCIATION OF FIRE FIGHTERS, AFL-CIO, CLC;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton
Beach, Florida has deemed it to be in the best interests of
the citizens and residents of the City of Boynton Beach,
Florida to execute a collective bargaining Agreement between
the City of Boynton Beach and the Boynton Beach Association
of Fire Fighters local 1891 of the International
Association of Fire Fighters, AFL-CIO, CLC;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
~D~ The Mayor and City Clerk are hereby
authorized to execute an Agreement between the City of Boynton
Beach and the Boynton Beach Association of Fire Fighters local
1891 of the International Association of Fire Fighters, AFL-
CIO, CLC; which Agreement is attached hereto as Exhibit "A"
~ That this Resolution shall become
effective immediately upon passage.
PASSED AND ADOPTED this / day of ~/~-~ 1994.
ATTEST:
CITY OF BOYN~ON BEACH, FLORIDA
Mayor ~
- ~ice May~r
BETWEEN
CITY OF BOYNTON BEACH, FLORIDA
AND
BOYNTON BEACH ASSOCIATION OF FIRE FIGHTERS, LO~AL 1891
OF THE
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, AFL-CIO, CLC
Article
TABLE OF CONTENTS
Preamble ......................................
Recognition ...................................
Discrimination ................................
Payroll Deduction of Dues .....................
Union Business ................................
Representation of the Union ...................
Representation of the City ....................
Rules and Regulations .........................
Hc .rs of Work.. .............................. '..
U] and Safety Equipment .................
Physical Exams & Immunizations ................
Group Insurance ...............................
Operator's Insurance ..........................
Wages .........................................
Overtime and Call Back ........................
Exchange Time .................................
Sick ..................................
Cz ~ate Leave ........................ ' ....
Vacation .................................. ~ ....
Personal Time .................................
Holiday .......................................
Court Time ....................................
Working Out of Classification .................
Education .....................................
Educational Incentive .........................
Emergency Medical Technician ..................
Licenses & Registration Fees ..................
Seniority List ................................
Vacancies .....................................
Reference Materials ...........................
Bulletin Boards ...............................
Memos .........................................
Grievance Procedure ...........................
Prevailing Rights .............................
Savings Clause ................................
Appendices, Amendments & Additions ............
Successors ....................................
Fi=e Inspectors ...............................
Duration ......................................
Management Rights .............................
Appendix ......................................
Pace
PREAMBLE
$~c%ion ~. This Agreement is entered into by and between the
City of Boynton Beach, hereinafter referred to as the "City", and
the Boynton Beach Association of Fire Fighters, Local 1891, of the
International Association of Fire Fighters, hereinafter referred to
as the "Union"
~ It is the purpose of this Agreement to achieve and
maintain harmonious relations between the City and the Union; to
provide for equitable and peaceful adjustment of differences which
may arise and to esablish proper standards of wages, hours and
other conditions of employment.
-1-
ARTICLE 1
RECOGNITION
~ 1. The City hereby recognizes the Union as the sole and
exclusive bargaining agent for all employees of the Fire Department
except Chief of the Department, Deputy Chief, Training Officer, EMS
Coordinator, Fire Inspector, and clerical personnel.
~ This recognition will be for the purpose of
bargaining with the City with respect to wages, hours of work, and
all other terms and conditions of employment.
-2-
SECTION 2
DISCRIMINATION
The City agrees not to discriminate against any employee for
his/her activity in behalf of, or membership in, the Union. The
City and Union agree that there shall be no discrimination against
any employee because of race, creed, religion or sex.
-3-
ARTICLE 3
PAYROLL DEDUCTION OF DUES
~ The City agrees to deduct, once each week, dues and
assessments in an amount ~certified to be current by the Treasurer
of the Union from the pay of those employees who individually
request in writing that such deductions be made. The total amount
of deductions shall be remitted each mOnth, by the C~ty to the
Treasurer of the Union. This authorization shall remain in full
force and effect during the term of this Agreement or for 30 days
after notification of the revocation of this authorization by the
Union Treasurer. The Union will pay for this service in the form
of a lump sum payment of $42.00 per contract year.
Section 2. Any employee may revoke his/her dues deduction by
going to the Union Treasurer and requesting such. The Union
Treasurer shall notify the City's Finance Department.
-4-
UNION BUSINESS
~ Up to two officers of the Union or their designees
shall be granted time off without loss of pay to attend Union
functions, not to exceed eight (8) shift days per contract year,
provided it does not affect the operation of the Fire Department.
One of the eight shift days (24 hours) may be used in 2 to 6 hour
increments provided the leave is approved by the shift officer(s)
not later than the preceding corresponding shift.
-5-
ARTIL_C_L_$__~
REPRESENTATION OF THE UNIQ~T
The membership of the Union shall be represented by the President
of the Union or by a person or persons designated in writing to the
City Manager by the President of the Union. The identification of
representatives shall be made each year prior to April 1. The
President of the Union, or the person or persons designated by said
President shall have full authority to conclude a collective
bargaining agreement on behalf of the Union subject to a majority
vote of those bargaining unit members voting on the question of
ratification. It is understood that the Union representative or
representatives are the official representatives of the Union for
the purpose of negotiating with the City. Such negotiations
entered into with persons other than those as defined herein,
regardless of their position of association with the union, shall
be deemed unauthorized, and shall have no weight or authority in
committing or in any way obligating the Union. It shall be the
responsibility of the Union to notify the City'Manager in writing
of any change in the designation of the President or any certified
representation of the Union.
-6-
A/~TICLE 6
REPRESENTATION OF THE CITY
The City shall be r~presented by the City Manager or a person or
persons designated in writing to the Union by the City Manager.
The person designated shall have full authority to negotiate an
agreement on behalf of the City. It is understood that the City
representative or representatives are the official representatives
of the City for the purpose of negotiating with the Union.
Negotiations entered into with persons other than those as defined
herein, regardless of their position or association with the City,
shall be deemed unauthorized and shall have no authority or weight
in committing or in any way obligating the City.
-7-
RULESAND REGULATIONS
~ The Union agrees that its members shall comply with
all Fire Department rules and regulations, including those relating
to conduct and work performance.
$_9_Q~__Q/~ The City may adopt, change and modify rules and
safety regulations necessary for the safe, orderly and efficient
operation of the Fire Department as provided in this Article.
~ A Committee on Rules and Regulations shall be
established for the Fire Department. This Committee shall be
comprised of six (6) members, three (3) appointed by the City and
three (3) appointed by the Union. Action may be 'taken by the
Committee if supported by a majority of those members after proper
notice. The powers of the Committee shall be as follows:
a. The Committee shall act in an advisory capacity in
promulgation of rules and regulations regarding the direct service
aspects of duty relating to fire prevention and combat and
emergency medical services performed by bargaining unit members.
Whenever the City changes work rules or issues new work rules, the
Committee will be given at least fourteen (14) calendar days prior
notice, absent emergency, before the effective date. The Committee
shall meet ahd consider prospective rules and regulations prior to
any such rules and regulations becoming effective and shall inform
-8-
the Fire Chief of the implementing these rules and
regulations. The Fire Chief retains the ultimate authority to
promulgate these rules and regulations as he/she deems fit.
b. The Committee shall consider and have the final
authority to promulgate departmental rules and regulations
regarding internal and housekeeping matters which do not
relate to the direct service functions of the Fire Department.
Section 4. These rules and regulations shall be enforced by the
Chief of the Department. Any disciplinary action taken as a result
of violations of said rules and regulations shall be subject to the
grievance provisions of Article 33.
-9-
HOURS OF WORK
~ All employees covered under this Agreement presently
working a 40-hour work week shall work 40 hours per week upon
agreement between employee and Fire Chief.
$~ction 2. All shift employees covered under this Agreement
shall work a 48 hour work week, i.e., 24 hours on dut3~ 48 hours
off duty with a 24 hour shift "Kelly Day" off duty every three (3)
weeks. The twenty four (24) hours on duty will be from 7:30 a.m.
to 7:30 p.m. the following day.
Section 3. It is agreed that neither th~ Union nor the
will propose for ne~oti&tions a reduction or~==~= ~ the 48-
hour work week for
~i~~iiii!ii~~ the term of this Agreement.
-10-
WQRKING CONDITIONS
Fire fighters may be needed at any time of the day to fight fires.
But, to do so effectively, they need to be constantly prepared.
The safety of our citizens depends as much on the fire fighters'
ability to maximize the effectiveness of their equipment, as it
does on the fire fighters' willingness to risk their lives to
protect the lives and property of others. They must be ready to
respond immediately to an alarm. Continuous training and equipment
maintenance are required to ensure that the desired optimum
response effectiveness is attained. The Union pledges to support
and participate in training, equipment maintenance and fire
prevention programs which have as their goal the increased
efficiency of the City's fire protection. To aid the members of
the Union in providing quality emergency services, the City, on
concert with the Union, agrees that the employees will not be
required to perform any task, not related to the protection of life
and property, other than routine station maintenance. Routine
station maintenance shall be defined as any type of maintenance
that is done on a scheduled basis, such as window cleaning and
cleaning of kitchen, living facilities, vehicles and safety
equipment.
oll -
ARTICL~ 10
UNIFORMS AND SAFETY EOUIPMENT
Section 1. The City shall supply Fire Department personnel with
uniforms each contract year provided through the. warehouse. The
issue will include - uniform shirts, uniform pants, coveralls, ball
caps, T=shirts, belt with buckle, shorts, work jackets, and patches
as needed. Current placement of patches will apply. Plain toed,
black, safety shoes, including sneakers or boots, as available on
the shoe mObile also will be provided subjected to bid provisions
and recommendations.
Uniforms may be acquired on an "as-needed" basis through "quarter-
master" system with the following being the general ~gUidelines for
quantities each fiscal year:
1 ea. uniform shirts (Class A)
2 ea. uniform pants (Class A)
2 ea. coveralls
5 ea. T-shirts
1 ea. ball cap
1 ea. jacket
1 ea. pair of boots or safety shoes
2 ea. shorts
1 ea. belt with buckle
Specialty patches as required
New employees shall receive the above listed allocation. TO obtain
a replacement item, the employee must turn in the item to be
replaced. An employee may be allowed to receive more than the
above listed amounts if the item has become damaged in the line of
duty.
-12-
~ All fire fighting'safety equipment, as determined by
Fire Department regulations shall be~ furnished by the City. The
title to such equipment shall remain with the City. If standards
of fire fighting safety equipment change, upon replacement of
existing equipment, the replacement equipment will be National Fire
Prevention Association (NFPA) recommended. If the Fire Fighter
needs a replacement of fire fighting safety equipment, he/she shall
submit such to the Fire Department Safety Officer who shall make a
determination as to the replacement. Once it is determined that a
replacement is needed, the City shall have a maximum of four (4)
weeks to replace the item, unless extenuating circumstances exist.
The City shall notify the employee of the extenuating ~circumstances
and of the approximate time the replacement item will arrive.
$~¢tion 3, The City shall arrange for the repair or replacement
of an employee's uniform, work clothing, prescription optical aids,
watches or dentures which become damaged or lost, through no fault
of the emplOyee, while the employee is acting in the performance of
his/her duties. The City shall be exempt from payment for those
amounts which are paid by Worker's Compensation. The request for
repair or replacement must be submitted within three (3) months
from the date of the occurrence.
-13 -
ARTICLE 11
PHYSICAL EXAM & IMMUNIZATION
~ The City shall furnish a thorough physical
examination, including an EKG and chest x-ray, for each permanent
number of the Fire Department, once every three years or if the
employee wishes, yearly. Appointments for those examinations will
be made only once; and will correspond with the employee's on-duty
time and no overtime monies will be authorized for this. The City
shall pay for this annual examination only. A physical at least
once every three years is mandatory for all members of the
Bargaining Unit. If employee wishes, the employe may have a
physical in the third contract year only, with the cost to the City
not to exceed $300.
~ A member may elect his/her own private physician if
approved by the City and the City is only obligated to pay a
portion of the fee, not to exceed $100 yearly or total of $300
maximum if taken as outlined in Section 1 above, upon proper
receipt. The member shall be responsible.for scheduling the
appointment and forwarding the results to the City to be included
in the employee's personnel records.
~ The City shall provide for any medical shots or
treatment as-needed for protection from cuts or exposure to disease
suffered in the line of duty.
-14 -
~ Immunization
A. The City shall provide an immunization schedule during
the life of this Agreement for any members who want to be
immunized, for the following:
Hepatitis (Type B)
B. Members who refuse to be immunized for Hepatitis-B and
who later contract that disease shall not be presumed to
have contracted the disease while on duty.
Section ~, It shall be incumbent upon the City to notify the
employee when documentation exists that the employee was exposed to
a communicable disease in the line of duty only after such
documentation is brought to the attention of the City.- It shall be
presumed in such a case that if the employee contracts a
communicable disease in the line of duty, where documentation
exists of the employee' s exposure to that disease, then the
employee contracted that disease while on duty, except as stated in
Article 11, Section
-15-
ARTICLE 12
GROUP INSURANCE
Section 1. Medical Insurance: The cost of all insurance
premiums for the City's principal medical insurance shall be borne
by the City. This shall apply to those costs for the employee
only. Coverage currently in effect shall not be reduced. Ail
policies shall be reviewed annually.
Section 2. Life Insurance~ Members of the bargaining unit shall
be covered by $10,000 of group life insurance with the premium paid
by the City.
~ection 3. Dental Insurance: The City will Day the premium for the
employees and $7.00 of the premium for family coverage.
-16-
ARTICLE 13
OPERATOR'S INSURANCE
The City shall defend and hold harmless any employee covered by
this Agreement, except any employee under the influence of alcohol,
habit forming drugs, or malicious driving, who is sued as a result
of any accident while on duty using City equipment.
-17-
ARTICLE 14
WAGES
Section 1. ~a~es ~.u~. ~= f~ ..... year~'~ ....... ~ be frozen at
~= ~v~ ~ level ~ f~o cost of~v~~ = ...... adjdstK~f~t '~ ~ ' - '
Section 2. ~--- to ............... constralnLs, no
plan increase shall b= authorized for ~ ....
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-18-
ARTICLE 15
OVERTIME~ AND CALL BACK
~ Call Back: Call back is defined as any time an
employee is called into :work when the employee is off duty, or when
the work time is not contiguous with the employee's assigned shift.
In the event of call back, the employee shall be paid for the
actual time work but not less than two (2) hours at a rate of pay
one and one-half (1 1/2) times the employee's basic hourly rate as
reflected on the pay schedule in Appendix A. The procedure for
"Call-Back" will be in accordance with the Rules and Regulation
Committee's guidelines. The Chief can waive the above provisions
if he/she believes the situation warrants.
~ v~ Overtime is defined as any time an
employee is required to stay longer than his/her assigned 24-hour
shift by his/her supervisor. Overtime shall be paid at the rate of
one and one-half (1 1/2) times the employee's basic hourly rate as
reflected on the pay schedule in Appendix A. Employees who are in
a duty status for seven (7) minutes or less ~ither before their
shift or after their shift will not be eligible for overtime pay.
Employees who are in duty status for eight (8) minutes or more
either before their shift or after their shift must be so only with
their super~isor's approval in order to be eligible for overtime
pay at the overtime rate. With all overtime calculated at the rate
-20 -
of one and one-half (1 1/2) time's the employee's basic hourly rate
as reflected on the pay schedule in the Appendix.
Section 3. Employees who are renewing certificates, i.e. EMT,
driver"s licenses, etc., not required by the Chief or his/her
designee, or who are attending classes not required by the Chief or
his/her designee, will not be compensated.
-21 -
ARTICLE 16
EXCHANGE TIME
Section 1. Employees covered by this Agreement may exchange
their working shift or shifts and exchange their off-duty day or
~.~.i.i.i.i~.~. The officer in charge of the shift or shifts, of the
employees who are exchanging time, shall not permit the exchange if
it affects the normal operation of work, if call back is required,
or if step-upiiii?~ili~iiiii!?~~ pay is required. Exchange time shall
require at least 24 hours notice to the shift officers, except in
a case of an emergency to the employee when the exchange of that
employee does not affect the normal operation of that shift.
-22 -
ARTICLE 17
SICK LEAVE
Section 1. Any employee incurring a non-duty sickness or
disability shall receive sick leave with full pay provided the
employee has accumulated hours. Employees covered under this
Agreement shall be allowed twelve hours of sick leave per each
month of service from their first day of employment, .and shall
continue to do so as long as they are employed. Employees who have
more than two hundred forty (24) hours of sick leave as of April 1,
of the current contract year, may convert 50% of the excess over
two hundred forty (240) hours to a cash straight time payment or
transfer sick leave to vacation leave time at a rate of one sick
leave day to one vacation day or any combination of cash payment
and vacation leave, both conversions not to exceed one hundred
(100) sick leave hours in this contract year. Those hours over two
hundred forty (240) hours not converted in this contract year may
be converted in the next contract year at a maximum of 100 hours
per year. Payment for this option will be issued in May of the
corresponding contract year. The provisions of this section will
be frozen and not be applicable to Fiscal Year 1991/1992.
Section 2. Unused sick leave shall be compensated at the rate
of one-half_(1/2) the total number of hours accumulated not taken,
upon termination or retirement.
-23 -
~ Beginning October 1, 1991, for every consecutive
twelve-month period elapsing since the employee's last sick
occurrence, the employee shall receive 24 hours vacation time. The
emD!oyee shall be responsible for requesting withi~n sixty (60) days
of the end of the twelve month period that the time be added to
his/her vacation.
~ Employees covered under this Agreement will be
required to provide a doctor's certificate if they are absent and
take sick leave for more than two (2) continuous shift days instead
of three (3) as provided in the Civil Service rules.
~ Sh~rinq Sick Leave
A. It shall be the policy of the City to permi't an employee
the opportunity of donating accrued sick leave time to a
designated employee whenever extraordinary circumstances
require the designated employee to be absent from work
for a lengthy period of time, and when the employee has
exhausted all accrued sick/vacation time.
B. Extraordinary circumstances shall be defined as lengthy
hospitalization, critical illness, or injury.
C. When there appears to be a need to share sick leave in
accord with this Section, the Union Steward will prepare
a ilist of bargaining unit members who are willing to
contribute sick leave hours, confirm through the Finance
Department that the hours are available and submit the
-24 -
list to the Personnel Office for proper charge to sick
leave records. Time used will be used in the order
listed on the appropriate form supplied by the Union
Steward.
Any donated sick time will not reflect as sick time taken
by the employee; therefore, donated sick leave
will not be counted against an employee's sick leave
record.
-25-
COMPASSIONATE LEAVE
In the event of a death of a family member the employees shall be
granted one (1) shift day leave on a day of the employee's choosing
within two (2) weeks of the death, The employee shall be granted
two (2) shift days leave on the days of the employee's choosing
within two weeks of the death, if out of state travel is required.
"Family" is defined as spouse, mother, father, foster parents,
mother-in-law, father-in-law, grandparents, brother, sister, son or
daughter, verification of the death must be supplied to the City
Personnel Office.
-26-
Section 1. Ail members of the Fire Department covered by this
Aqreement, if assigned to a 24-hour shift, shall receive the
equivalent of six (6) shift says (144 hours) per year vacation.
Each shift member of the Fire Department shall earn one (il 24 hour
shift days additional vacation for each four years of continuous
service. The numb,er of days/hours credited per year shall not
increase after the 16th year of service unless amended. Vacations
will be picked on a seniority basis and can be taken in increments
of 24 hours -- one shift at a time.
~Section 2. For special "one time" kind of events, employees
will be allowed to accumulate more than two years earned accrued
vacation with the prior approval of the Chief. Such approval must
be received at a time prior to the two (2) year maximum accrual
that is equal to the extra accrual that is requested. Maximum
accrual will be limited to three (3) years earned vacation.
EXAMPLE: An employee may accrue 12 shift days in two years. The
employee requests two additional days beyond the maximum. The
employee must submit his/her request for the two additional days
four months prior to his/her 12-shift day maximum for approval to
extend the 12 days to 14.
-27-
ARTICLE 20
PERSONAL TIME
~ Any employee covered by this Agreement shall be able
to use his/her vacation time., in two ~o six hour increments, for
personal reasons while on duty.
~ This privilege shall be available only when such use
shall not be detrimental to the efficient operation of the Fire
Department as determined by the Chief or his/her designee.
~ Efficient operating levels shall be determined by
the normal.operating levels of the Fire Department as determined by
This shall hold true for all shifts and for all
the Chief.
reasons.
The purpose of "personal time" is to provide an
opportunity for an employee to have time in short increments to
carry out necessary personal or family responsibilities without
being required to take a whole day. Seniority will therefore not
be a factor in granting personal time and no grievance procedures
will be available to any employee.
-28 -
ARTICLE 21
~ The following days shall be considered holidays:
New Year's Day, Martin Luther King Jr. Day, Washington's Birthday,
Memorial Day, Thanksgiving Day and the Friday that follows
Thanksgiving, Christmas Day and Christmas Eve. Any additional
holidays declared by the City shall be added to the above list.
Any employee covered by this Agreement, in pay status, at the time
the holiday occurs, if assigned to a 24-hour shift, shall receive
12-hours pay for each holiday. Forty hour members will follow the
holiday schedule for all non-union employees.
Section 2. If an employee covered by this Agreement wishes, the
employee may receive the above (Section .1) holiday pay, (with the
exception of Labor Day which will be paid as a regular holiday), at
straight time in one lump sum on the last week of August of each
year. The individual employee will sign and have in the Finance
Department, the first week of the current contract, a form as
follows:
tb_hold , hereby authorize the City to
my holiday pay until the last week of August,
with all proper withholdings taken out. I understand
that at no time during this period under any
circumstances, except if I am no longer covered under the
bargaining unit, will I request my monies until the last
week of-August.
Newly hired employees to the Fire Department shall have one week
-29 -
from date of employment to sign up for the holiday pay option. The
holiday pay will be prorated based on the number of holidays
remaining in the contract year.
-30 -
ARTICLE 22
CQURT TIME
Any employee covered by this Agreement who is summoned to appear as
a witness, while off duty, as a result of his/her employment as a
member of the Fire Department, will be paid for his/her court time
at the rate of one and one-half (1 1/2) times his/her current
hourly rate, excluding travel time, provided the Fire Chief is
given prior notification so that the Chief has the opportunity to
schedule such appearance during regular duty hours. The employee
will receive a minimum of two (2) hours pay, and the employee shall
return all fees received from the Court to the City, only if off
duty.
-31-
ARTICLE 23
WORKINGOUT~OFCLASSIFICATION
Section 1. Any employee covered by this Agreement, who is
assigned and accepts the duties and/or responsibilities of a range
above his/her current classification in the absence of their direct
supervisor, shall be compensated for holding that higher position
at a rate of pay equivalent to one ~&y ste~ hi~her or 5% above the
~i~!iiiiiiiPay s~ which that employee normally holds. The internal
ranking of Fire Fighter I, II, and III shall be considered as on
classification (Fire Fighter) only for purposes of this Article.
Pay for such an employee working out of classification will
commence upon the 4th occurrence of such action.
Section 2. Higher classification assignment shall, with the
Chief's discretion as to ability, be made on a rotating basis in
order to afford all employees an equal opportunity to gain
experience in the next higher position. The Chief and/or officer
in charge shall make official notification to the acting party.
This notification shall be logged as part of daily permanent
records.
~_~ These assignments will not be changed so as to
intentionally avoid payment.
ARTICLE 24
EDUCATIQN
Section 1. All employees covered by this Agreement shall be
permitted to attend schools or classes while on duty, using
personal time as defined in Article 20, for the purpose of
obtaining the education required for advancement or the updating of
skills and knowledge, provided that such leave will not'reduce the
manpower of any shift below acceptable limits, as determined by the
Chief or on-duty officer in charge. Such leave will be on a
rotating basis.
Section 2, The City shall pay, upon completion of classes, for
all tuition and book fees not to exceed funds established in the
City budget, for accredited Fire Science classes, EMT I, EMT II,
and all classes required by the City, provided a grade of "C" or
higher is attained.
Section 3. The City shall provide the opportunity for sending
twenty per cent (20%) of the members of the Fire Department covered
by this Agreement, not to exceed funds established in the City
budget, at least half of which shall be non-officers, to approved
out-of-town training classes. NO employee shall be required to
take advantage of the provisions of this Article who has not
expressed a_desire to do so. A list of classes shall be posted so
each employee will have the opportunity to request the class or
-33 -
classes of his/her choice. Those attending shall be entitled to
travel pay in accordance with City policy. Each employee shall
have an opportunity to attend once before another is sent twice.
If more than twenty per cent (20%) of the members wish ho attend
these classes, the Chief shall decide who will be sent with due
regard to the provisions of this section.
~ Employees will be allowed to use on-duty time,
without loss of vacation time, for classes necessary to remain
certified in their current classification, or for classes required
by the City.
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ARTICLE 25
EDUCATIONAL INCENTIVE
Fire Department Employees covered by this Agreement will be
eligible for a monthly education incentive payment not to be
greater than $130 per month when the following Career Development
and Education Levels are completed:
Section 1. Career Development: Fire Science Courses offered
at Palm Beach Junior College in the Fire Science curriculum, or
those offered elsewhere which are judged by the Committee to be
equal, will qualify an employee for a monthly Career Development
payment, if the employee obtains a Grade of "C" or better,
according to the following schedule:
a. Completion of 2 courses (1 block) or 96 hours
$20 per month
b. Completion of 4 courses (2 blocks) or 192 hours
$40 per month
c.Completion of 6 courses (3 blocks) or 288 hours
$60 per month
d. Completion of 8 courses (4 blocks) or 384 hours
$80 per month
$80 per month is the maximum to be paid as a part of the Career
Development Program. Any similar program funded, offered,
mandated, etc. by the State of Florida will be substituted for this
program as ~uch as is feasible, but the benefit of the two programs
combined will provide payment in accordance with the above
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schedule.
Section 2_ . Educational SUPPOrt:
a. An employee with a degree as follows:
Associate of Arts
Associate of Science
Associate of Fire Science
Associate of Paramedic Science
will be eligible for a $30 per month Educational Support payment
after he/she has completed 6 courses (3 blocks) or 288 hours as
outlined in the Career Development Program in Section 1. Any
similar program funded, offered, mandated, etc. by the State of
Florida will be substituted for this Educational SuppOrt Program as
much as is feasible, but the benefit of the two programs combined
will provide payment in accordance with the above schedule.
b. An employee with a degree as follows:
Bachelor of Arts Master of Science
Bachelor of Science Ph.D
Master of Arts
in a field or specialty deemed appropriate for Fire Department
Employees will be eligible for an $80 per month Educational Support
payment after he/she has completed 6 courses (3 blocks) or 288
hours as outlined in the Career Development Program in Section 1.
Any similar program funded, offered, mandated, etc. bY the State of
Florida will be substituted for this Educational Support Program as
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much as is feasible, but the benefit of the two programs combined
will provide payment in accordance with the above schedule.
Section 3. When combining the monthly payments earned for the
Career Development and Educational Support Programs, as well as
education programs funded, offered, mandated, etc. by the State of
Florida, the total payment to be received by the employee will not
exceed $130 per month unless the rules, regulations and/or funding
for the State program provide for benefits in excess of $130 per
month.
Section 4. It shall be the individual employee's responsibility
to provide proof of course completion to the Personnel Department.
Section 2, Costs for tuition and books may be ,prepaid by the
City, however, that money must be repaid before receiving any
Educational Incentive payment or; if the grade obtained is lower
than a "C", the amount will be withheld from regUlar pay over a
period of several weeks.
Section 6. A committee to review the validity of courses for
this Education Incentive Program will consist of the City Manager,
Personnel Director, Fire Chief and two persons specified by the
Union.
Section 7. Payments for the Education Incentive Program will
begin with the first pay period that follows completely in the
month following the receipt, by the Personnel Department from the
employee, of college reports that substantiate the completion of
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schedule.
~ Educational SUPPOrt:
a. An employee with a degree as follows:
Associate of Arts
Associate of Science
Associate of Fire Science
Associate of Paramedic Science
will be eligible for a $30 per month Educational Support payment
after he/she has completed 6 courses (3 blocks) or 288 hours as
outlined in the Career Development Program in Section 1. Any
similar program funded, offered, mandated, etc. by the State of
Florida will be substituted for this Educational Support Program as
much as is feasible, but the benefit of the two programs combined
will provide payment in accordance with the above schedule.
b. An employee with a degree as follows:
Bachelor of Arts
Bachelor of Science
Master of Arts
Master of Science
ph.D
in a field or specialty deemed appropriate for Fire Department
Employees will be eligible for an $80 per month Educational Support
payment after he/she has completed 6 courses (3 blocks) or 288
hours as outlined in the Career Development Program in Section 1.
Any similar program funded, offered, mandated, etc. by the State of
Florida will be substituted for this Educational Support Program as
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courses that have been taken or the degrees awarded that support
the amount of the payment earned.
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ARTICLE 26
EMERGENCY M~D~CAL TECHNICIAN
~ Employees currently holding a valid and current EMT-
I certificate in accordance with the Florida Statutes will receive
a ~ (5%) pay increase over their base pay (assigned grade
and step) during the period of time they are certified according to
the Florida Statutes.
Department a dated
expiration date.
Each member must submit to tke Personnel
copy of his/her certificate showing the
~ Employees holding a valid and current Paramedic
certificate in accordance with the Florida Statutes and performs
Paramedic duties as assigned by the Fire Chief and the Medical
Director will receive a four (4) st~D (20%) pay increase over their
base pay (assigned grade and step).
~ Employees holding a valid and current Paramedic
certificate in accordance with Florida Statutes who could perform
the duties as assigned by the Fire Chief and the Medical Director,
but who wish to be inactive as operating Paramedics and are not on
assignment as Paramedics by the Fire Chief, will receive a
(5%) pay increase over their base pay (assigned grade and step)
during that period of time they are certified but inactive. If for
any reason~-an employee is called upon to perform as a Paramedic
during this inactive period, he/she will receive an additional
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st~p (15%) pay increase for a total of 20% over their base pay
(assigned grade and step) for the day or days worked.
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ARTICLE 27
LICENSES '®ISTRATION FEES
The City shall pay the fee for any license required by the State or
City, such as EMT renewals or certificates, but excluding drivers'
licenses.
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ARTICLE 28
SENIORITY LIST
Section 1. The Fire Department shall establish a seniority list
and it shall be brought up to date on January 1st of each year.
Such lists shall be posted thereafter on the bulletin board at each
Fire Station, and shall be considered correct unless objection is
raised within thirty days of the posting. After thirty days, it
shall stand approved, less those exceptions made.
Section 2. EmDloyee's seniority is established from the date of
continuous employment by the Boynton Beach Fire Department. If two
or more members are employed on the same date the seniority
standing shall be determined by the original entr&n~e test score
for the Fire Department, the higher score placed higher on the
list. If the test scores are the same, the date of application for
employment with the Fire Department will determine the seniority
status, the earlier date being placed higher on the list.
Section 3. Lay-offs and manDower cut-backs shall be determined
by the seniority list. The lowest on the seniority list will be
dismissed first and so on up the list.
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ARTICL~ 29
VACANCIES
Budgeted promotional vacancies occurring in any position within the
certified bargaining unit will be filIed in accordance with the
Civil Service Rules and RegUlationS. Any such vacancy shall be
offered within thirty (30) days of the establishment of the
appropriate eligibility list.
ARTICLE 30
REFERENCE MATERIALS
The City shall provide one copy, at each station, of all reference
materials for
notification.
Station.
promotional examinations at the posting of
These reference materials shall remain in the Fire
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ARTICLE 31
BULLETIN BOARDS
The City shall furnish at each fire station space for bulletin
boards for the purpose of Union notices. Any notice or item placed
on the bulletin board shall bear on its face the legible
designation of the person responsible for placing such notice or
item on the board. A 2' x 3' or 3' x 4' space is hereby approved.
The Union is to supply the bulletin boards.
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ARTICLE 32
MEMOS
Section 1. The Union Secretary's name shall be placed on a
routing slip to receive copies of the agendas and minutes of all
regular and special meetings of the City Commission.
$~tion 2. A CODy of all memos and notices concerning Fire
Department policy and operations will be posted on Fire Department
bulletin boards and a copy shall be sent to the Secretary of the
Union.
Section 3. When a policy manual is completed and placed into
effect, Sections 2 and 3 of this Article shall be deleted.
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ARTICLE 33
GRIEVANCE PROCEDURE
S ~ tion 1. Grievances or disputes which may arise, including
the interpretation ~of this Agreement, shal. 1 be settled in the
following manner:
Step 1. The aggrieved employee shall within six (6) business days
of the occurrence which gave rise to the grievance, submit a letter
and signed petition to the Union Grievance committee. The Union
Grievance Committee shall determine if a grievance exists. If in
its opinion no grievance exists, no further action is necessary.
Steo 2. If a grievance does exist, the Committee shall within
.fifteen (15) business days of the event giving~ rise to the
grievance, with the physical presence of the aggrieved employee,
present the grievance to the Chief or Fire Department for
adjustment.
Step 3. If the grievance has not been settled within five (5)
business days from the date of submission to the Chief, the
grievance may then be submitted to the City Manager for adjustment.
Step 4 If the grievance has not been settled w~,,~,, ten '~'
business days from ~,%e date of submission to~ .... the City Manager
~~~~.~.~.~,~~~, the grievance may th~ be s~mitted to
arbitration.
Step 5. If the grievance has not been satisfactorily resolved
within the above procedure, the Union may re.est a review by an
impartial arbitrator, provided such re.est is filed in writing
with the City Manager no later than ten (10) business days after
the City Manager's response is due in Step &. The parties will
att~pt to mutually a~ree upon an arbitrator. If this cannot be
done within fifteen (15) business days, an arbitrator from a list
provided by the Federal Mediation ~d Conciliation Se~ice shall be
~(~~(~;~,~(¢.~.~.~~?~~. The parties agree to accept the
Arbitrator's award as final and binding upon th~, subject to the
-48-
following: The arbitrator shall have jurisdiction and authority to
decide a grievance as defined in this Agreement. The arbitrator
shall have no authority to add to, subtract from, modify or alter
this Agreement or any part thereof or.any amendment thereto. It is
contemplated that the City and the Union shall mutually agree in
writing as to the statement of the matter to be arbitrated prior to
the hearing, and if this is done, the arbitrator shall confine
his/her decision to the particular matter thus specified. In the
event of the failure of the parties to so agree on a statement of
the issue to be submitted, the arbitrator will confine his/her
consideration to the written statement of the grievance presented
in Step 3 of the Grievance Procedure. Each party ~hall bear the
expense of its witnesses and of its own representatives. The
parties shall bear equally the expense of the arbitrator. The
party desiring a transcript of the hearing will bear the cost.
Copies of the arbitrator's award shall be furnished to both parties
within thirty (30) days of the hearing.
~ An employee has the option of Utilizing the Civil
Service Appeal Procedure or this grievance procedure, but the
employee cannot use both.
~ This article is intended to provide for ,,rights"
arbitration,- i.e., resolution of disputes which impact upon or
affect wages, hours and terms and conditions of employment. This
article is not intended to provide for ,,interest" arbitration.
-49 -
Section 4. "Business days" are defined as Monday through Friday
excluding holidays.
-50 -
PREVAILING RIGHTS
Ail job rights and benefits heretofore authorized or permitted by
the City Manager or Fire Chief and continuously enjoyed by
employees covered by this Agreement and not specifically provided
for or abridged by this Agreement shall continue in full force and
effect for the term of this Agreement. Except as specifically
provided in this Agreement, this Agreement should not be construed
to deprive any employee or benefits or protection granted by the
Laws of the State of Florida or Ordinances and Resolutions of the
City of Boynton Beach in effect at the time of the execution of
this Agreement. Provided, however, nothing in this Agreement shall
obligate the City to continue practices or methods which are
unlawful or unsafe.
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A~TICLE ~
SAVINGS CLAUSE
If any 9rovision of this Agreement, or the apDlication of such
provision, should be rendered or declared invalid by any court
action or by reason of any existing or subsequently enacted
legislation, the remaining provisions of this Agreement shall
remain in full force and effect.
-52-
ARTICLE 36
APPENDICES, AMENDMENTS AND ADDITIONS
Ail apDendices, amendments and additions to this Agreement shall be
numbered or lettered, dated and signed by the resDonsible parties,
and shall be subject to all othe.r provisions of this Agreement.
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SUCCESSORS
This Agreement shall be binding upon the successors and assigns of
the parties hereto, and no provisions, terms, or obligations herein
contained shall be affected, modified, altered or changed in any
respect whatso~ver by any change of any kind in the ownership or
management of either party hereto.
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ARTICLE 38
FIRE INSPECTORS
S~ion 1 The City shall provide twelve (12)
positions for shift personnel certified by the state and assigned
by the Chief the responsibility of Fire Inspector. This additional
responsibility shall be made available to any employee, except Fire
Prevention Officers. Management and Fire Prevention Officer II
shall establish minimum goals and standards ~to be met by shift
personnel assigned as Fire Inspectors. The original twelve (12)
positions shall be the Inspectors certified and receiving a 5% pay
differential as of July 1, 1991. If an assigned Inspector fails to
perform, he/she shall be reassigned and another shift personnel
shall be assigned the additional duties as Fire Inspector.
~ A waiting list shall be kept as to the seniority of
the date of state certification and seniority in the employ of the
Fire Department.
$~ction 3. Any employee who is assigned the additional duties
as Fire Inspector shall receive an additional
(a~oxi~a~iy 5%~ pay increase over base pay (assigned grade and
step) .during the period of time they are certified and assigned
such responsibility by the Fire Chief. If an employee is
reassigned f~om the active list, he/she shall go to the bottom of
the list as of the date of reassignment.
'authorized
-55-
ARTICLE 39
DURATION
This Agreement shall be in force and effect for a two year te£m
through September 30, 1995~i,. =~= =~u~ o=~==u~ periods u= twelve
(1 .............................. fy
~ot ......... ~
~u~ to~:~ I,~ nor i===~ than ~4ay ~, ~, expressing
===~l=o umen for ne~otlations by either party shall
only .... = ......
~i= i~, Wages, Ai-ticle ~' ''-~-
Vacation. Upon receipt of~=~.~ notification the par-ties shall
ne~otiatln9 a new cont~-ac~ and only those it~,s included
notices shall be subj--~=~ to negotiatlon, if all
=ff=~ u~-til .......... have b==~ ~==ui~=d in --~
:::::::::::::::::::::::::::::::::::::::::::::::::::::::::: $~:::::::~::..~::$:.:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::~$:~:::%::::~:::::~:~:~:~......$::::::::::::::::::::::::::::~:::::::::::::~..~.~:~:~.~?.~.:~:.....:~9~..~
-57 -
%
ARTICLE 40
MANAGEMENT RIGHTS
SectiOn 1. The Union and the bargaining unit employees
recognize that the City has the exclusive right to manage and
direct the various departments of the City.
Accordingly, the powers and authority which the City has not
specifically abridged, delegated, or modified by the express
provisions of this Agreement are retained by the City.
Therefore, the City specifically, but not by way of limitation,
reserves the exclusive right to determine the mission of the City
and its various departments, divisions and other units of
organization. Any right or privilege of the City not' specifically
relinquished by the City in this Agreement shall remain with the
City.
Section 2. The City Commission has the sole authority to
determine the purpose and mission of the City and the amount of
budget to be adopted.
Section 3. If at the discretion of the City Manager, it is
determined that civil emergency conditions exist, i.e., riot, civil
disorder or natural disaster, the provisions of this Agreement may
be suspended for good cause by the City Manager during the time of
such emergency, provided that the Union is notified as soon as is
practical and further provided that wage rates and monetary fringe
-58 -
benefits shall not be suspended.
-59 -
Agreed to this day of
and between the respective parties through
representatives of the Union and the City.
, 19.. , by
the authorized
BOYNTON BEACH ASSOCIATION OF
FIRE FIGHTERS, LOCAL 1891:
Witness
Witness
BY:
President
Secretary
CITY OF BOYNTON BEACH
Witness
Witness
BY:
Mayor
City Clerk
Approved as to Form and Correctness:
City Manager
City Attorney
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/mp
kle/cbal, doc
5/12/93
5/12/93
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