75-KKKA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BOYNTON BEACH, FLORIDA, AUTHORIZING UNION AGREE-
bLENT WITH 'THE BOYNTON BEACH PROFESSIONAL FIRE
FIGHTERS, LOCAL 1891 OF THE INTERNATIONAL ASSOCIA-
TION OF FIRE FIGHTERS, AFL - CIO, CLC.
WHEREAS, the City Council of the City of Boynton Beach,
Florida, has heretofore recognized the Boynton Beach Professional
Fire Fighters, Local 1891 of 'the International Association of Fire
Fighters, ~FL - CIO, CLC as the bargaining agent for the fire
fighters of said City; and
WHEREAS, the City Council of said City is willing to enter
into a union agreement with the said Boynton Beach Professional
Fire Fighters, Local 1891 of the International Association of
Fire Fighters, AFL - CIO, CLC upon the terms and conditions as
set forth in the proposed union agreement, copy of which is at-
tached hereto and made a part hereof.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BOYNTON BEACH, FLORIDA:
.Section 1: That the said proposed ~union agreement between
the City of Boynton Beach, Florida, and the Boynton Beach Profes-
sional Fire Fighters, Local 1891 of the International Association
of Fire Fighters, AFL - CIO, CLC, a copy of which is attached
hereto and made a part hereof, is hereby approved, and that the
Mayor, or in the absence of the Mayor, the Vice Mayor, and the
City Clerk are authorized to act for the City of Boynton Beach in
entering into and executing the said union agreement.
PASSED AND ADOPTED this
day of October, A.D., 1975
CITY OF BOYNTON BEACI{, FLORIDA
ATTEST:
Mayo~
Member
Coun¢ i 1~ Member
Ci
e
AGREEMENT
BETWEEN
CITY OF BOYNTON BEACH; 'FLORIDA ~ '
AND
BOYNTON BEACH PROFESSIONAL FIRE FIGHTER, LOCAL 1891
OF THE
INTERNATIONAL ASSOCIATION OF FIRE FIGHTER, A~L - CIO, CLC
PREAMBLE
This agreement is entered into by and between the City of
Boyntbn Beach, hereinafter referred to as the "City", and the
International Association of Firefighter, Local 1891, herein-
after referred to as the "Union".
It is the purpose of this Agreement to achieve and maintain
harmonious relations between the City and Unionl to provide for
equitable and peaceful adjustment ef differences which may arise
and to establish proper standards of wages, hours and other con-
ditions of employment.
TABLE OF CONTENTS
(Alphabetically)
Bulletin
Court Time
Discrimination
Dues Deduction
Durm~ion
Education
Exchange Time
Grievance Procedure
GroUp Insurance
Holidays ~
Hours of Work
Overtime-Omll '~ack Time
Physical Examination-Yearly
Prevailing Rights
Recognition
Representation of the City
Representation of the Union
Rules and Regulations
Saving!s Clause
Seniority List
Sick Leave
Strikes and Lockouts
SUccessors
Uniforms-Safety Equipment
Union Business
Vacancies-Promotions
Vacation
Wages
Workin~ Conditions
Article
~3
2
28
11
2~
2'~
10
19
21
1
6
7
:>9
14
15
17
9
16
ARTICLE 1
RECOGNITION
The City hereby recognizes th~ Union as the sole and exclusive
bargaini~g agent for mll employees ef the Fire Department ex-
cept Chief of the Department, Fire Narshals, Training Officers,
clerical personnel and fire inspectors.
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.
ARTICLE 2
DISCRIMINATION
The City agrees not to discriminate against any employee for
his activity in behalf of, or membership in, the Union. The
City and the Union agree that there shall be no discrimination
against any employee because of race, creed, religion or sex.
ARTICLE 3
PAYROLL DEDUCTION OF DUES
The City agrees tb deduct, once each week, dues and assessments
in an amount certified to be current by the Treasurer ef the
Local Union from the pay of those employees who individually
request in writing that sUch deductions be made. The total
~mount 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. The
Union to pay reasonable cost,
ARTICLE 4
SENIORITY LIST
Section 1. The Fire Department shall establish a seniority list
by rank and it shall be.brought up to date on January.first of
eamh year. Such'lists~shall. be posted thereafter on the Fire
Stmtions bulletin beards, and shall be considered correct un-
less objection is raised within thirty days of the posting.
After thirty days, 'it shall stand approved, less those excep- '
tigris made.
Section 2. Employee seniority is established from the date of
continuous employment by the City Fire Department. If two or"
more members obtain seniority on the same date, by rank, senior-
ity standing shall be determined by test scoret if the test score
is the same, the date of application for employment with the Fire
Department will determine seniority status.
Section 3. Lay offs and manpower cdt backs shall be determined
by seniority list. Lowest on the seniority list first and so on
up the list.
ARTICLE 5
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. Approval by the Chief for 2'x3' or 3'x4'
space. Union to supply bulletin board.
ARTICLE 6
RULES AND REGULATIONS
Section 1. The union agrees that its members shall comply, with
all Fire Department rules'and regulations, including those relat-
iT to conduct and work performance, The City agrees that~depar-
tmental rules and regulations shall form a pa~t of this agreement
and shall be subject to all'th~ provisions of this agreement.
Section 2, Rules and regulations in effecton October l, 1975
sh~ll be a formal part of this Agreement. New rules, or changes
in rules, shall be accomplished through mutual consent during the
term of this Agreement.
Section 9- The City shall name three representatives and the
Union shall name three representatives to sit as ~committee to
up, date the Fire Department Rules And Regulations. This will be
accomplished through mutual consent.
ARTICLE 7
PROHIBITION OF STRIKES
The Union agrees that during the life of this Agreement that they
shall have no right to engage in any work stoppage, slow down, or
strik&. The consideration for such provision being the right to
resolving the disputed questions. The City shall have the right
to discharge or otherwise disipline any and all employees who
violate the provisions Of this section. Such disciplinary action
by~ the City shall not be subject to any grievance or appeal
procedure as provided for in this Agreement. In the event of a
strike, work stoppage or interference with the operation and
ARTICLE 7
cont.
accomplishment of the mission of the City administration, a local
representative of the Union shall properly and publicly disavow
such s~trike or work stoppage and order the employees to return to
o
work mnd attempt to bring about prompt resumption of normal opera-
tions. The Union representatve shall notify the City within
eighteen hours after the commencement of such strike what legiti-
mate measures it has taken to comply with the provisions of this
Section. There will be no lockout by the City for the duration
ef this Agreement.
ARTICLE 8
HOURS OF WORK
The work week of employees presently working a 56 hour work week
shall be reduced to 52 hours per week effective October l, 1975
an~ will be worked as follows: 24 hours on duty; 48 hours off
duty with an additional 24 hour shift off every six weeks.
ARTICLE 9
WAGES
Wages paid during the first year of this Agreement shall be
according to Appendix '°A". This schedule reflects a 5% increase.
'1
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
ri'
o
0
ARTICLE 10
OVERTIME & CALL BACK
In. the event that a ne~d for overtime Should occur in the d. epartment
b~e~ause ef vacations, sick'ness, or other Unforseen conditions,
overtime based on time and one half pay shall be paid en the em-
ployees basic hourly rate. All overtime will be maintained by'a
seniority list kept by the office of 'the Chief, in accordance' with
Article 4, a copy of Which shall be posted on the bulletin board,
This record shall show the date of call and the response from %~ch
person, called aS to whether it was refused, on dutY, no answer,
sickness, or'vacation. If a man refuses, he will automatically be
passed, by until a complete cycle of the seniority list has been
made. This sheet shall pertain to tours of duty t~ n~ the Fire
Station only. Members recalled to duty during off hours shall be
paid the actual time worked, but not less than two (2) hours at
th9 overtime rate. Basic hourly rate shall equal employees annual
s$1ary divided by annual hours worked, 2704 annual hours.
ARTICLE ll
EXCHANGE TIME
Firefi'ghter may exchange their working shift or shifts and ex-
change their off-duty day or days with other Firefighters of equal
rank er comparable qUalifications, subject to the approval of the
Shift officer in charge. (24 hour notice to shift officer, unless
an emergency.
ARTICLE 12
SICK LEAVE
Any employee incurring a non-duty sickness or disability Shall receive
sick leave with full pay. Employees covered by Article 8 shall be
allowed twelve (12) hours of sick leave/from their first day of em-
ployment and shall continue to do so as long as they are employed.
Unused sick leave of employees shall be compensated according to
Civil Service Rule XI, Section 4, Page 23, amended on Resolution
75EEE on September 2,1975.(Resignation, death, retirement or dis-
charge.
ARTICLE 13
HOLIDAYS
The following days shall be considered holidays: New Year's Day,
Washington's Birthday, Memorial Day, Independence Day, Labor Day,
Columbus Day, Veteran's Day, Thanksgiving Day, Christmas Day,
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 hrs. pay for each holiday.
ARTICLE 14
UNION BUSINESS
Employees elected to Union Office shall be granted time without loss
of pay to attend Union functions, not to exceed five shift days for
one man.
VACANCIES - PROMOTIONS
When a classfied permanent promotion vacancy o.ccurs in any pos%-
rich it shall be filled within a reasonable period of ~time afte~C'
the official severance of the vacating Fire Department member.
Filling of. all vacancies shall be in accordance with the Ci.vil, .
S~rvice Rules and Regulations, ~
ARTICLE 16
WORKING CONDITIONS
Firefighter may be needed at any time of the day tolfight fires,
but te do ~e effectively, they need to be constantly prepared.
The safety of our citizens in their homes depends as much on the
fir~fighter's ability to maximize the effectiveness ef their equip-
ment and the condition of that equipment, as it does on the fire-
fightezG's 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 re-
quired te ensure that the desired optimum responce effectiveness
is attained. The Union pledges to support and participate in
training, equipment maintenance and ~fireprevention 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, in-concert with the Union, agrees
ARTICLE 16 cont.
that th~ employees will not be required te perform amy ~ask, not
relal~ to the Dretection ef lif-e and .property, other than routine
station maintenance. Reutin.e Station maintenamee shall, be defined
as any type ef maintenance that is done em a sehed.~led basis, 's~ch
as wim~ow cleaning and cleaning of kitchen, living facilities, ,
vehicles and Safety equipment.
ARTICLE 17 , .
VACAT-ION
Ail members of the Fire Department covered by the ~ter~ms of this
Agreement, if assigned tea 2~. hour shift, shall-.recei~ve vacation
in accordance with the Civil service Rules & Regulations.. Vaca-
tions will be picked on a seniority basis.
ARTICLE 18
UNIFORMS & SAFETY EQUIPMENT
The City shall supply the Fire Departmen% Personnel with the
-following uniforms between October l, 1975 an~.-October l, t~976:
uniform shirts, uniform pants, coveralls (jumpsutt) and work
jacket as needed. Also two (2) pair of footwear. All firefigh-
ting' safety equipment as determined by Fire Division Regulations,
shall be furnished by the City. Title of such equipment shall
remain with the City. The City shall arrange for the repair or
the replacement, to any employee, for damamge to his uniform,
work clothing, prescription optical aids, dentures Suffered while
in the line of duty, to extent that such losses not covered by
insurance.
ARTICLE 19
YEARLY PHYSICAL EXAMINATION
The City~ shall agree to furnish a thorough physical examination
in. cluding an EKG for each member of the Fire Department_on. a tour
day in hi? anniversary month each ~year to insure the physical
we~l-being ef each ef its members. This program will-' begin no
later, than January l, 1976, Any me*dical shot~or treatment for- ~
protection from cuts or exposure to disease ~n line of duty.
ARTICLE 20
GROUP INSURANCE
The City agrees to study the present insurance,
ARTICLE 21
PREVAILING RIGHTS
~l job rights and ~enefits heretofore enjoyed by the 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. This Agreement shall not be con-
stuued to deprive any employee of benefits or protection granted
by the laws of the State of Florida, Ordinances and Resolutions
of the City of Boynton Beach, Personnel Rules and Regulations of
the City of Boynton Beach, in effect at the time of the execution
of this Agreement.
ARTICLE 22
SAVINGS CLAUSE
If any Pr.evisien of this Agreement, or the application of such
provision, should be rendered or declared invalid by any c~urt
action or by reason-of any existing or subsequently-enacted
legislation, the remaining parts or portions of this Agreement
shall remai.n in full force and effect.
ARTICLE 23 ,
COURT TIME
Any employee covered by this' Agreement who is summoned to appear
as a witness, while off duty as a result of his e~aployment as a
member of the Fire Department, will be paid one and one-half
times his current hourly rate excluding travel time, provided
that the Fire Chief is given prior 'notification so that he is
given an opportunity to schedule such appearnance during regu-
lar duty hours. The employee will receive a minimum of 2 hours
pa~, and the employee shall turn over all fees received from
the court to the city.
· ARTICLE 24
GRIEVANCE PROCEDURE
Grievances or disputes which may arise, including the interpre-
tation of this Agreement, shall be settled in the following
manner~
STEP 1. The Union Grievance Committee,. upon receiving a written
and signed Petition, shall determine if a grievance exists. If
ARTICLE 24
cont.
in their opinion no grievance exists, no futher action is neces-
sary.
STEP~2. If a grievance does exist, they shall with the physical
presence of the~aggrieved employee, present the grievance to the
Chief ef The Fire Department for adjustment.
STEP 3~ If with in five (5) business days, the grievance has not
been s~ttled, it then shall be submitted to.the City Manager for
adjustment. Business days defined as 40 hr. - 5 day work week -
Monday thry Friday. ~ '
STEP 4. If within five ~5) business days the grievance has not
been settled, it shall then be submitted to arbitration for
adjustment.
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 fifteen (15) working days
after the City Manager's responce is due in Step 4. The parties
of this Agreement will attempt t~ mutually agree upon an indepen-
dent arbitrator. If this cannot be done within five (5) business
days,.one Will be selected from a panel or panels to be submitted
by the American Arbitration Association. The arbitration shall
be conducted under the VolUntary Labor Arbitration Rules of the
American Arbitration Association. Th parties further agree to
accept the Arbitratior's award as final and binding upon them,
subject to the following, The arbitrator shall have juridiction
ARTICLE 24
cont.
and a~thority 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 amend-
merit thereto. It is' contemplate~ that the City and the Union
shall mutually agree ~in writing as te the statement of the matter
to be arbitrated prier to the hearing! and if this is done, th~
arbitrator shall confine his decision to the particular matter
thus specified. In the event of the failure of the parties te so
agree e.n m-s~atement of the issue to be submitted, the arbitrator
will confine his consideration to the written statement of the
grievance~presented in Step 2 ef the Grievance Procedure. Each
party shall bear the expense of its own witnesses and ef its
own representatives. The parties shall bear equally the expense
ef the impartial arbitrator. The party desiring a transcript of
the hearing will bear the cost of the same. Copies ef the award
ef the arbitration made in accordance with the jurisdition or the
authority under this Agreement shall be furnished to both parties
within thirty (30) days of the Hearing. An employee will have
the option of utilizing the Civil Service Appeal Procedure or
this grievance procedure but such employee cannot use beth.
ARTICLE 25
EDUCATION
All employees coverd by this Agreement shall be allowed to attend
courses required by the Fire Department or by State Law while on
duty, at the discretion of the Fire Chief.
ARTICLE 26
REPRESENTATION OF THE UNION
The membership of the Union shall be'represented by the President
ef the Union or by a perso.n' or persons designated-in writing to
the City Nanager by the Pr'esident of the union. The identifica~
tion ef representatives shall be made eaeh yeau prier to April,1.
The President ef the Union, or the person or .persons designated
by Said:President shall have full authority te conclude a collec-
ti~e~'~bargaining agreement on behalf of the Union subject te
majority vote of those Union members voting on the question of
ratification. It is understood that the Union representatige or
representatives are the official representatives ef the Union for
the purpose of negotiating with the City. Such negotiations en-
tered-into with persons other than those as defined herein,
gardless ef their position or association with the Union, shall
be deemed unauthoriZed and shall have no weight or authority in
committing er in-any way obligating the Union. It Shall. be the
responsibility of the Union to notify the City Nana~er in writing
ef any change in the designation of the President or any certified
representative of the Union.
ARTICLE 27
REPRESENTATION OF THE CITY
The City shall be represented by the City Manager or a person or
persons designated in-writing to the Union by the City Eanager.
The person designated shall have full authority to negotiate an
ARTICLE 27
cont.
agreement on behalf ~ the City upon being directed by official re-
solution ef the City.Commission. It is understood that the City
Representative er Representatives are the official representatives
ef ~he City ~or the purpose e~ negotiating with the Union, Nego-
tiations 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 weight or authority
in committing or in any way obligating the City. .~,~?
ARTICLE 28
DURATION
This Contract shall be in full force and effect from October 1,
1975 through September 30, 1976 and for succeeding periods ef
twelve (12) months unless either party shall notify the other in
writing prior to June 15, 1976 and not later than July 1, 1976 of
their desires to negotiate a new Contract. Upon receipt of such
notification, the parties shall arrange to meet promptly and re-
gularlyGfor the purpose of ~egotiating a new Contract, and. only
these items included in the notice shall be subject te negotiations.
In the event one or both parties have given notification of its
or their ~esire to negotiate a new Contract, within the time limits
provided for herein, and no agreement has been reached after 60
days ef negotiation, all unresolved issues shall be submitted to
arbitration under the arbitration provision of the grievance pro-
cedure contained in this Agreement,
ARTICLE 29
SUCCESSORS_
This Agreement shall be binding upon %he successors'and assigns of
the parties hereto, and no provisions, terms or obligations ~erein
contained shall .be affected, modified, altered, or changed in any
respect whatsoever by any change of any kind of. the ownership, or
management,.ef either party hereto,
Agreed to this day of 1975, by and between the
respective parties .through the authorized representatives of the
Union and by the City Manager.
Attest:
Boynton Beach Professional Fire
Fighters, Local 1891
Attest,
On the Part of the City of Boynton
Beach, Florida ~
Approved as to Form and Correctness
City Attorney