R93-97RESOLUTI ON NO. R93- ~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA~ AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE THE 1991/93 AGREEMENT BETWEEN THE CITY
OF BOYNTON BEACH AND BOYNTON BEACH ASSOCIATION
OF FIRE FIGHTERS, LOCAL 1891 OF THE
~NTERNATIONAL ASSOCIATION OF FIRE FIGHTERS,
AFLkCIO, INC.; A COPY OF SAID AGREEMENT BEING
ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach
deems it to be in the best interests of the citizens and residents
of the City of BOynton B~ach, Florida, to enter into an Agreement
with the Boynton Beach Association of Fire Fighters, Local 1891 of
the Intern~tiona~ Association of Fire Fighters, AFL-CIO, Inc.,
N0~! THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY oF~0yNToN .~EACH, FLORIDA THAT:
Section 1. The Mayor and City Clerk are hereby authorized
and directed to execute an Agreement between the City of Boynton
Beach, Florida and the Boynton Beach Association of Fire Fighters,
Local i891 of the International Association of Fike Fighters, AFL-
CIO, Inc., which agreement is attached hereto as Exhibit "A".
Section 2.
upon passage.
This Resolution shall take effect immediately
PASSED AND ADOPTED this ~ day of July, 1993.
CITY OF BOYNT~kN BEACH, FLORIDA
Commi~s~e:
ATTEST:
(Corporate Seal )
Comm. i s s io~ '-
Authsig.doc
IBF&O.AGR
7/1/93
1991W9~ AG~.~EMENT
BETWEEN
CITY OF BOYNTON~BEACHo FT~ORII)A
AND
BOYNTON BEACH ASSOCIATION OF FIRE FI6~EI~, LOCAL 1891
OF THE
INTerNATIONAL ASSOCIATION OF FI~B FI(~HTE~S, AFL-CIO, CLC
TABLE OF CONTENTS
Article
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
Preamble ............................
Recognition .........................
Discrimination ......................
Payroll Deduction of Dues ...........
Union Business ......................
Repre lion .........
Repres, .........
Hours of Wor~.-- -- ....... i]]]]]]]][]]]
~o~kingConditions .... ~21 .......
Unif6rms and Safety Equipment..[[].]
Physical Exams ~ Immu/lization .......
Group Insurance .....................
DD~tor~sInsurance .................
Wages ...............................
Back .............
Personal Time ......................
Holiday ...........................
Court Time ........................
of Classification .....
cal Technician .......
ristration Fees .......
Materiii ]]].]]][ ..
Rights ............
~a~e
1
2
3
5
6
7
8
10
1t
12
14
16
17
18
19
2.1
22
24
25
31
33
34
37
41
43
44
45
46
47
48
49
52
53
54
55
56
57
58
PREAMBLE
Section 1. 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."
Section 2. 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 establish proper stan-
dards of wages, hou£s and other conditions of employment.
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04/26/93
ARTICLE I
RECOGNITION
Section 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.
Section 2. 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.
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A~TICLE 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
tion against any employee because of race,
or.sex.
be no discrimina-
creed, religion
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A~TICLE ~ ~
PA~OL~ ~DEDUCTION OF DUE~
Section 1. 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 thatsuch deductions be
made. The total amount of deductions shall be remitted,
each month, by the City 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.
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ARTICLE 4
UNION BUSINESS
Section 1. Up to two officers of the Union
designees shall be granted time off without
a~tend Union functions, not to exceed eight
or their
loss of pay to
(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) no later than the
preceding corresponding shift.
04/26/93
REPRESENTATION~ 0F~. THE UNION
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 Apri~ 1. or
the person or persons designated by saidp~es~de~t shall
have full authority to conclude a collective bargaining
agreement on behalf of the Union subject t? mi mgjgrity vote
of those bargaining unit members voting on the question of
ratification. It is understood that the Union represen-
tative 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 or
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 respon-
sibility of the Union to notify the City Manager in writing
of any change in the designation of the President or any
certified representative of the Union.
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ARTICLE 6
REPRESENTATION OF THE CITY
The City shall be represented by the City Manager or a per-
son or persons designated in writing to the Union by the
City Manager. The person designated shall have full
authority to Degotiate an agreement on behalf of the City.
It is understood that the City representative or represen-
tatives are the official representatives of the City for the
purpose of negotiating with the Union. Negotiations entered
into with persons other than
regardless of their position
shall be deemed unauthorized
weight in
those as defined herein,
or association with the City,
and shall have no authority or
committing or in any way obligating the City.
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ARTICLE ?
RULES AND ~ REGULATIONS
Section 1.
with all Fire Department rules and
those relating to ¢onductand work
Section 2. The City may adopt, change and
safety regulations necessary for the safe,
The Union agrees that its members shall comply
including
regulations,
p6~formance.
modify rules and
orderly and effi-
cient operation of the Fire Departmentas provided in this
Article.
Section 3. A Committee on Rules and
established for the Fire Department.
Regulations shall be
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.
shall be as follows:
a. The Committee shall
The powers of the Committee
act in an advisory capacity in
promulgation of rules and regulations regarding the
direct service aspects of duty relating to fire
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prevention and combat and emergency medical ser-
vices 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 and consider prospective rules
and regulations prior to any such rules and regula-
tions becoming effective and shall inform the Fire
Chief of the advisability of implementing these
rules and regulations. The Fire Chief retains the
ultimate authority to promulgate these rules and
regulations as he/she deems fit.
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 regula-
tions shall be subject to the grievance provisions of
Article 33.
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04/26/93
ARTICLE
HOURS OF WORK
Section 1. Ail employees covered under this Agreement pre-
sently working a 40-hour work week shall work 40 hours per
week upon agreement between employee and Fire Chief.
Section 2. Ail shift employees covered under this Agreement
shalt-work~a 48 hour work week, i.e., 24 hours on duty, 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 a.m. the following day.
Section 3. It is agreed that neither the Union nor the City
will propose for negotiations a reduction or increase in the
48-hour work week for a period of time corresponding to the
term of this contract.
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04/26/93
ARTICLE 9
WORKING 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 effec-
tiveness of their equipment and the condTtions of that
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 ~o ,an
alarm. Continuous training and equipment maintenance are
required to ensure that the desired optimum response effec-
tiveness is attained. The Union pledges to support and par-
ticipate 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 mem-
bers of the Union in providing quality emergency services,
the City, in 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.
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Section 1. The City shallsupply Fire Department personnel
with uniforms each contract year provided.through the ware-
house. The issue will includa - uniform shirts, uniform
pants, coveralls,,ball caps, T.-shirts, belt with buckle,
shorts, wonk jackets, and patches as needed. Current place-
menn 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 the bid provisions
and recommendations.
Uniforms may be acquired on an "as needed" basis through a
"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 (Cla~s 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. shorzs
1 ea. belt with buckle
Specialty patches as required
New employees shall receive the above listed allocation.
obtain a replacement item, the employee must turn in the
To
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.
04/26/93
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Section 2. Ail fire fighting safety equipment, as deter-
mined 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 replacementof existing equipment, the replace-
ment equipment will be~National Fire Prevention Association
(NFPA) recommended. If the~Firefighter 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.
Section 3. The City shall arrange for the repair or repla-
cement 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 of
replacement must be submitted within three (3) months from
the date of the occurrence.
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ARTICLE 11
PHYSICAL EXAMS & IMMUNIZATION
Section 1. The City shall furnish a thorough~physical exa-
mination, including an EKG and chest X-ray. for esch per-
manent member of the Fire Department. once every three years
or if theemployee wishes, yearly. Appointments-for these
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,
in the third contract year
not to exceed $300.
the employee may have a physical
only, with the cost to the City
Section 2. 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 I 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.
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04/26/93
Section 3. The City shall provide for any medical shots or
treatment needed for protection from cu~s or exposure to
disease suffered in the line of duty.
Section 4. Immunization
The City shall provide an
during thetife of this Agreement
who want to be immunized, for the
Hepatitis - (Type B)
immunization schedule
for any members
following:
Members who refuse to be immunized for Hepatitis-B
a~d who later contract that disease shall not be
presumed to have contracted the disease while on
duty.
Section 5. 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 4B.
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ARTICLE 12
GROUP ~NSUP, A.NCE
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
empt0¥ee 0nly- Coveragecurren~ly 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.
Section 3. Del~tel Insurance: The City will pay the premium
for the employees and $7.00 of the premium for family
coverage.
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ARTICLE 13
OPEP~TOR ~ S IN~URANC~
The City shall defend and holdharmless 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.
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ARTICLE 14 --
WAGES
Section 1. All empl0yees~in the bargaining unit will receive a
2% {two percent) cost-of-living salary adjustment [COLA) effective
January 1, 1993 and a 2~ (two percent) cost-of-living salary
adjustment effective April 1, 1993.
Section 2. Due to budgetary constraints, no automatic 5% step
plan (merit play) increase shall be authorized or paid for
fiscal year 1992/93. The step plan shall be frozen for fiscal
year 1992/93.
Section 3. The City considers the L-6 lump sum payment of one
thousand dollars to be part of the step plan and no such paymenus
shall be authorized or paid for fiscal year 1992/93.
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ARTICLE 15
OVERTIME AND CALL BACK
Section 1. 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 worked 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.
Section 2. Overtime: 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 either before their shift or after their
shift will not be eligible for overtime pay. Employees who
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04/26/93
are in a duty status for eight ~8) minutes or more either
before their shift or after their shift must be so only with
their supervisor's approval in order to be eligible for
overtime p.ay at the overtime ra~e. With all overtime calcu-
lated at the rate of one and one-half (1 1/2~ times the
employee's basic hourly rate as reflected on the.pay sche-
dule in the~Appendix.
Section 3. Employees who are renewing certificates, i.e.,
EMT, driver's license, 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.
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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 days with other employees regardless of their rank or
position. 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
time shall require at
officers, excePt in a
when the exchange of that employee does
mal operation of that shift.
if step-up pay is required. Exchange
least 24 hours notice to the shift
case of an emegency to the employee
not affect the nor-
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ARTICLE 17
SICK LEAVE
Section 1. Any employee incurring a no~-duty sickness or disabi-
lity shall receive sick leave with full pay for that period of
time the employee has accumulated hours. Employees covered under
this Agreement shall accrue twelve (12)hours of sick leave per
each me, th of service from their first pay of employment, and
shall continue to do so as long as they are employed.
Emp~0yees who have, more than two hundred forty (240~ hours of
suck leave as o~ April 1, 1993, may transfer up to one hundred
(t0~0) ~ick'leave ~Urs to vacation lea~e hours at a rate of one
sick d,~y to~oneTbatf (~) of a vacation day provided that accumu-
lated sick ~ours s~all not drop bglow 240 hours as a result of
the transfer. Transfer of this time will be credited to the
employee's vacation bank in August, 1993.
Section 2. Unused sick leave~ shall be compensated at the ra~e of
one-half (~) the total number of hours accumulated not taken,
upon termination or retirement.
Section 3. 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 employee shall be responsible for requesting within sixty
(60) days of the end of the twelve month period that the time be
added to his/her vacation.
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Section 4. Employees covered under this agreement will be
required to provide a doctor's certificate if they are absent
take sick leave for more than two (2) continuous shift days
instead of three (3) as provided in the Civil Service rules.
Section 5. Sharing Sick Leave
A. It shall be the policy of the City to permit 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 leave.
B. Extraordinary circumstances shall be defined as len§thy
hospitalization, critical illness, or injury.
and
When the~e appears to be a need to share sick leave in accord
with this Section the Union Steward will prepare a list of
bar§ainin§ unit ~gmbers who are willing to contribute sick
leave hours, confirm through the Finance Department that the
hours are available and submit the 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.
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~T~CLE l~
COMPASSIONATE LF~VE
In the even~ of a death of a family member the employee
shall be granted one (1) shift day leave on a day of the
employee's choosinq within two (2) weeks of the death. The
employee shall be granted two (2) Shift days leave on 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, gFandparents, brother, sister, son or
daughter. Verification o~f ~he death must be supplied to the
City Personnel Office.
04/26/93
ARTICLE 19
VACATION LEAVE
Sectio~ 1. The following plans (A and B) outlines the vacation
leave policy for both the 40 hour employees and the Fire
Department shift employees. Vacations will be picked on a
seniomity basis and can be taken in increments of 24 hOurs-one
shift at, a time.
PLAN A:- The following language and schedule apply.to all full
time employees with an employment date prior to October 1, 1993.
Each f~l~ time employee, wi~h the exception of shift~members of
the Fire, Department, shall earn vacation leave at the rate of one
working day per month during the first year of service. Each
employee shall, at the end of each year thereafter be credited
with additional vacation days (accumulated in hours) for each
full year of continuous service as outlined in the chart below.
The number of days/hours credited per year will not increase
after the 21st year of service unless the included chart is
amended. Employees on initial one year probation are no% eli-
gible to take vacation for the first six months. Vacation may be
accrued in accordance with the following schedule.
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Plan A
Vacation Accrual Policy
(Based on 40 hour work week)
Years of Service Vacation Days Vacation Hours
1 year 12 96
2 years t5 120
3 years 15 120
4 years 16 128
5 years 17 136
6 ~e~r~ 18 144
7 years 19 152
9 years 21 168
10 years 22 1~6
11 years 22 176
12 years 22 176
13 y~a~s 29 176
14 years 22 176
16 years 24 19~2
18 years 24 192
20 ~rS 24 192
21 -~rs & after 25
For purp~es~of vacation leave, each shift member of the Fire
Department shall receive the equivalent of six (6) shift days
(144 hours,) per year vacation. Each shift member of the Fire
Department shall earn one (1) 24 hour shift day additional vaca-
tion for~each four years of continuous service. The number of
days/hours credited per year shall not increase after the 16th
year of service unless amended.
In computing vacation leave earned, no increments will accrue for
any pay week which includes three or more days of leave of
absence without pay. For uniformed members of the Fire
Department no incremeats will accrue for any three week pay
period which includes four or more days of leave of absence
without pay, or the appropriate percentage of the pay period.
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04/26/93
Employees may accrue vacation leave to a maximum of the leave
earned in the most recent two employment years. Vacation leave
accrued during January 1 - December 31~may exceed this stated
policy,.however, any amoun~ over the allowable maximum that has
not been used during that (January i - December 31) will be for-
feited as of December 31.
Plan B: The following language and schedule apply to all full
time employees with an employment date of October 1, 1993 and
thereafter. Each full time employee with the exception of shift
members of the Fire Department shall earn vacation leave at the
ra~es shown in the schedule outlined in this Section B. Eack
employee shall at the end of each year be credited with addi-
tional vacation days (accumulated in hours) for each full year of
continuous service as noted in the chart below. The number of
days/hours credited per year will not increase after the 20th
year of service unless the schedule is amended. Employees on
their initial one year probation are not eligible to take vaca-
tion for the first six months of employment.
Vacation may be accrued
in accordance with the following schedule:
Plan B
Vacation Accrual Policy
(Based on 40 hour work week)
Years of Service
1 year
2 years but less than
5 years but less than
10 years but less than
20 years and after
Vacation Days Vacation Hours
6 48
5 12 96
10 15 120
20 17 136
20 160
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04/26/93
For purposes of vacation leave, each shift member of the Fire
Department shall receive the equivalent number of vacation shift
days .(~24, ~ours) as outlined below. Each shift member of~he Fire
Department shall earn one (1) 24 hour shift day additional for
each four years of continuous service. The numbe~ of days/hours
credited per year shall not increase after the t6th year of ser-
vice unless amended.
Vacation Accrual Policy
(Based o~ FireDepartment 48 hour shift)
Vacation
Years of Service shift Days Vacation Hours
1 year ~ 96
2 years but less that 5 5 120
5 years but tess than 10 6 144
10 years but less that 15 7 168
15 years andafter 8 192
Employees may accrue vacation leave to a maximum of the leave
earned in the most recent two employment years. Vacation leave
accrued during January 1 - December 31 may exceed this stated
policy, however, any amount over the allowable maximum that
not been used during that (January 1 December 31) will be
feited as of December 31.
has
for-
Section 2. For special "one time" kind of events, employees will
be allowed to accumulate more than two years earned accrued vaca-
tion 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.
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04/26/93
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 month prior to his/her 12-shift day maximum for approval to
extend the 12 days to 14.
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04/26/93
A~TICLE 20
P~SONAL
Section 1. Any emptoyeecovered by this Agreement shall be
able to use his/her vacation time, in two to six hour incre-
ments, for personal reasons while on duty.
Section 2. 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.
Sention 3. Efficient operating levels shall be determined
by the normal operating levels of the Fire Department as
determined by the Chief. This shall hold true for all
shifts and for all reasons.
Section 4. 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.
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04/26/93
ARTICLE Zl
HOLIDAYS
Section 1. The following days shall be considered holidays:
New Year's Day, Martin Luther King Jr. Day, Washington.s
Birthday, Memorial Day, Independence Day, Labor Day,
Veteran's Day, Thanksgiving Day and the Friday that follows
Thanksgiving, Christmas Day, and Christmas Eve. Any addi-
tional 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:
I, , hereby
authorize the City to withhold 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 Auqust.
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04/26/93
Newly hired employees to the Fire Department shall have one
week from date of employment to sign up for the holiday pay
option, The holiday pay will ~e prorated based on the
number of holidays remaining in the contract year.
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04/26/93
ARTICLE 22
COU~T 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, pro-
vided 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.
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04/26/93
A~TICLE 2~
WORKIN~ OUT OF CLASSIFICATION
Section 1. Any employee ,covered by this Agreement, who is
assigned and accepts the duties and/or responsibilities of a
rank above his/her current classification in the absence of
their direct supervisor, shall be compensated for holding
t~t~igher position ~at a rate'of pay equivalent to One pay
or 5% abo6e ~he pay st~p~W~ich that employee
normally holds. Th~ internal ranking of Firefighter I, II,
and III shall be considered as one classification
(Firefighter) only ko~ purposes of this Artlcle. Pay for
such an employee ~orking out of classific~t~o~ 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.
Section 3. These assignments will not be changed so as to
intentionally avoid payment.
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ARTICLE 24
EDUCATION
Section t. 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
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04/26/93
employee will have the opportunity to request the class or
classes of his/her choice. Those attending shall be entitled
to travel pay in accordance with City policy. Each employee
shall have an opportunity toattend once before another is
sent twice. If more then twenty per cent (20%) of the mem-
bers~wish to attend these cl~sses~the Chief shall decide
who will be sent~with due regard to the provisions of this
section.
Section 4. 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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04/26/93
ARTICLE 25
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
$20 per month
(1 block) or 96 hours
b. Completion of 4 courses (2 blocks) or 192 hours
$40 per month
Completion of 6 courses (3 blocks) or 288 hours
$60 per month
Completion of 8 courses (4 blocks) or 384 hours
$80 per month
$80 per month is the maximum
Career Development Program.
to be paid as a part of the
Any similar program funded,
offered, mandated, etc. by the State of Florida will be
substituted for this program as much as is feasible, but
the benefit of the two programs combined will provide
payment in accordance with the above schedule.
04/25/93
-37-
Section 2. Educational Support:
a. An employee with. a deg,re~, as follows:
Associate of Arts
Associate of Science
ASsociate of Fire Science
Ass~o~iate 6f paramedic Science
will be eligible 'for a $30 per month Educational SUpport
payment after~"h~/she has completed' 6' Courses (3 blocks) or
288 hours as outlined in th~~ Career Development Program in
Section 1. Any similar program '~u~ded~~ offered, mandated,
etc. by the State of Florida will be substituted for this
Educational Support Program as m~6h as ~'is feasible, but the
benefit of 'the two programs c0mbined w~ll provide payment
in accordance with the above schedule.
b. An employee with
Bachelor of Arts
Bachelor of Science
Master of Arts
in a field or specialty deemed appropriate
a degree as follows:
Master of Science
Ph.D
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
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04/26/93
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..
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 pro-
vide for benefits in excess of $130 per month.
Section 4. It shall be the individual employee.s respon-
sibility to provide proof of course completion to the
Personnel Department.
Section 5. 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.
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04/26/93
Section 7. Payments for the Education Incentive Program
will beqin with the first pay period that follows completely
in the month following the receipt, by the Personnel
Depar, tment ~from the employee, of celtege reports-that
substantiate the completion of courses that have been taken
or the degrees awarded that support the amount of the
paymeat earned.
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04/26/93
ARTICLE 26
EMERGENCY MEDICAL TECHNICIAN
Section 1. Employees currently holding a valid and current
EMT-I certificate in accordance with the Florida Statutes
will receive a one step (5%) pay increase over their base
pay ~(assigned grade and step) during the period of time they
are certified according to the Florida Statutes. Each
member must submit to the Personnel Department a dated copy
of his/her certificate showing the expiration date.
Section 2. Employees holding a valid and current Paramedic
certificate in accordance with the Florida Statutes and per-
forms Paramedic duties as assigned by the Fire Chief and the
Medical Director will receive a four (4) step (20%) pay
increase over their base pay (assigned grade and step).
Section 3.
certificate
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 one step (5%) pay increase over
their base pay (assigned grade and step) during that period
Employees holding a valid and current Paramedic
in accordance with the Florida Statues who could
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04/26/93
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 3
step (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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04/26/93
ARTICLE 27
LICENSES & REGISTRATION F~.~
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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04/26/93
ARTICLE 28
SENIORITY LIST
Section 1.
list and it
each year.
The Fire Department shall establish a seniority
shall be brought up to date on January first of
Such lists shall be posted thereafter on the
bulletin board at each Fire station, and shall be considered
correct unless objection is
posting. After thirty days,
those exceptions made.
raised within thirty days of the
it shall stand approved, less
Section 2. Employee'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 entrance 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 manpower cut-backs shall be deter-
mined by the seniority list. The lowest on the seniority
list will be dismissed first and so on up the list.
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04/26/93
ARTICL~ 29
VACANCIES
Budgeted promotional vacancies occurring in any position
within the certified bargaining unit will be filled tn
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.
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04/26/93
ARTICLE 30
The City shall provide one copy~ at each station, of all
reference materials for promotional examinations at the
posting of notification. These reference materials shall
remain in.the Fire Station.
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04/26/93
ARTICLE
BULLETIN BOARDS
The City shall furnish at each fire station space for bulle-
tin boards for the purpose of Union notices. Any notice or
item placed on the bulletin board
legible designation of the person
such notice or item on the board.
space is hereby approved.
tin boards.
shall bear on its face the
responsible for placing
A 2' x 3' or 3' x 4'
The Union is to supply the bulle-
-47-
04/26/93
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.
Section 2. A copy 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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04/26/93
ARTICLE 33
~RIEVANCE PROCEDUR~
Section 1. Grievances or disputes which may arise,
including the interpretation of this Agreement, shall be
settled in the following manner:
Step 1. The aggrieved employee shall within six (6) busi-
ness 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.
Step 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 of
the Fire Department for adjustment.
Step 3.
(5) business days
the grievance may
adjustment.
If the grievance has not been settled within five
from the date of submission to the Chief,
then be submitted to the City Manager for
Step 4. If the grievance has not been settled within ten
(t0) business days from the date of submission to the City
Manager, the grievance may then be submitted to arbitration.
-49 -
04/26/93
Step 5. If the grievance has not been satisfactorily
resolved within the above procedure, the Union may request a
review by an impartial arbitrator, provided such request 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 4. The parties will attempt to mutually agree upon
an arbitrator. If this cannot be ~one within~fifteen (15)
business days, an arbitrator from a list provided by the
Federal Mediation and Conciliation Service shall be used.
The parties agree to accept the Arbitrator's award as final
and binding upon them, subject to the 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 con-
sideration to the written statement of the grievance pre-
sented in Step 2 of the Grievance Procedure.
shall bear the expense of its own witnesses
representatives.
Each party
and of its own
04/26/93
-50-
The parties shall bear equally the expense of the arbitra-
tor. 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.
Section 2. An employee has the option of Utiliz±ng the
Civil Service Appeal Procedure or this grievance procedure,
but the employee cannot use both.
Section 3. 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.
Section 4. "Business days" are defined as Monday through
Friday excluding holidays.
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04/26/93
ARTICLE
Ail job rights and benefits heretofore authorized or per-
mitted by the City Manager or Fire Chief and continuously
this Agreement and not spe-
cifically provided for or abridged bY this Agreement shall
continue in full force and effect for the term of this
Agreement. Except as specificallyprovided in this
Agreement, this Agreement should not be construed to deprive
any employee of 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
A§reement shall obligate the City to continue practices or
methods which are u~lawful on unsafe.
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04/26/93
SAVII~'C~S CLAUSE
If any provision of this Agreement, or the application of
such provision, should be rendered or declared invalid by
any court action or by reason of any existin9 or sub-
sequently enacted legislation, the remaining provisions of
this Agreement shall remain in full force and effect.
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04/26/93
.ARTICLE ~6
APPENDICES~i/%MENDMENTSANDADDITIONS
Ail .appendices, amendments and additions to this Agreement
shall be numbered or lettered, dated and signed by the
respon,sible, parties~,~and shallbesubject %o all other pro-
visions or. this-Agreement.
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04/26/93
· ~RTICLE 37
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 whatsoever by any change
of any kind in the ownership or management of either party
hereto.
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04/26/93
ARTICLE 38
FIRE INSPECTORS
Section 1. The City shall provide twelve (12) authorized
positions for shift personnel certified by the state and
assign~dby the~Chiefthe~responsibility, ofFire Inspector.
This~.additional~responsibitityshall be made~available to
a~y~empl0yee, exc~pt 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.
Section 2. 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.
Section 3. Any employee who is assigned the additional
duties as Fire Inspector shall receive an additional one
step (approximately 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 from the active list, he/she shall go
to the bottom of the list as of the date of reassignment.
04/26/93
-56-
.ARTICLE ~9
DURATION
This Contract shall be in force and effect for a two year
term from October 1, 1991, through September 30, 1993, and
for succeeding periods of twelve (12) months, unless either
party shall notify the other in writing, not prior to April
1, 1992 nor later than May 1, 1992, expressing a desire to
negotiate a new contract. For Fiscal Year 92/93, the only
articles open for negotiations by either party shall be
Article 14, Wages; Article 17, Sick Leave; and Article 19,
Vacation. Upon receipt of such notification the parties
shall arrange to meet promptly and regularly for the purpose
of negotiating a new contract and only those items included
in the notices shall be subject to negotiation. If all
issues are no~ resolved by September 30, this Contract shall
remain in force and effect until all issues have been
resolved in accordance with Chapter 447, Part II, Florida
Statutes.
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04/26/93
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, ~ut not b~y~ way of !imita-
tion, reserves t~he exclus±ve r~ght t0 determ~e the m~ission
of the City and its various
units of organizat~!on. Any ri~ght or pri¥ileg.~/of t~e~,clty
not the City in
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 pro-
vided that wage
be suspended.
rates and monetary fringe benefits shall not
-58-
04/26/93
Agreed to this 26th day of April
1993, by and between the respective parties through the
authorized representatives of the Union and the City.
BOYNTON BEACH ASSOCIATION OF
FIRE FIGHTERS, LOCAL 1891:
Witness
By
President
witness
Secretary
CITY OF BOYNTON BEACH:
By.
Witness Mayor
ATTEST:
Witness
City Clerk
Approved as to Form and Correctness:
/ City Mana~
/
City Attorney
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1991/93