R97-021RESOLUTION NO. R97-~/
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, RATIFYING
THE 1995-96 COLLECTIVE BARGAINING
AGREEMENT BETWEEN THE CITY OF BOYNTON
BEACH AND THE INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS (I.A.F.Fo) LOCAL 1891; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach and the International
Association of Firefighters (I.A.F.F.) Local 1891, declared an
impasse in collective bargaining negotiations as to wages and
duration of the agreement, and the same was brought before the
City Commission in June, 1996; and
WHEREAS, the I.A.F.F., Local 1891 ratified the Agreement
on January 6, 1997;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton
Beach, Florida does hereby ratify the 1995-96 Collective
Bargaining Agreement between the City of Boynton Beach and the
International Association of Firefighters (I.A.F.F.) Local
1891.
Section 2. This Resolution shall become effective
immediately upon passage.
PASSED AND ADOPTED this //L day of February, 1997.
/~ayor . // i
ATTEST:
Commissioner
Co~dssioner
/
1995/96 COLLECTIVE BARGAINING AGREEMENT
BETWEEN
CITY OF BOYNTON BEACH, FLORIDA
BOYNTON BEACH ASSOCIATION OF FIRE FIGHTERS, LOCAL 1891
OF THE
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, AFL-CIO, CLC
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TABLE OF CONTENTS
Preamble ................................................
1 Recognition ...................................
2 Discrimination ................................
3 Payroll Deduction of Dues .....................
4 Union Business ................................
5 Representation of the Union ...................
6 Representation of the City ....................
7 Rules and Regulations .........................
8 Hours of Work .................................
9 Working Conditions ............................
!0 Uniforms and Safety Equipment .................
11 Physical Exams & Immunizations ................
12 Group Insurance/Drug-Free Workplace ...........
13 Operator's Insurance ..........................
14 Wages .........................................
15 Overtime and Call Back ........................
16 Exchange Time .................................
17 Sick Leave ....................................
18 Compassionate Leave ...........................
19 Vacation ......................................
20 Personal Time .................................
21 Holidays ......................................
22 Court Time ....................................
23 Working Out of Classification .................
24 Education .....................................
25 Educational Incentive .........................
26 Medical Certification .........................
27 Licenses & Registration Fees ..................
28 Seniority List ................................
29 Vacancies .....................................
30 Reference Materials ...........................
31 Bulletin Boards ................................
32 Memos .........................................
33 Grievance Procedure ...........................
34 Prevailing Rights .............................
35 Savings Clause ................................
36 Appendices, Amendments & Additions ............
37 Successors ....................................
38 Shift Fire Inspectors .........................
39 Additional Issues .............................
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Management Rights .............................
Duration ......................................
Signature Page ................................
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~ 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 establish proper standards of wages, hours and
other conditions of employment.
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S~.cz~iDn~l~ 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.
Secz~Lom~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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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.
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PAYROLL DEDUCTION OF DUES
Sec~ 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 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 $100.00 per contract year.
~ Any employee may revoke his/her dues deduction by
going to the Union Treasurer and requesting such. The Union
Treasurer shall be responsible for notifying the City's Finance
Department of such revocation.
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UNION BUSINESS
S~Lt/D~L~ 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 ten (10) shift days per contract year,
provided it does not affect the operation of the Fire Department.
One of the ten 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.
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REPRESENTATION OF THE UNION
The membership of the Union shall be represented by the President
of the Union or by a person or persons designated mn 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.
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A~TICLE~
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 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.
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RULE~ ~ REGULATIONS
~ The Union agrees that its members shall comply with
all Fire Department rules and regulations, including those relating
to conduct and work performance.
S~ 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 any emergency, before the
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effective date. The Committee shall meet and consider
prospective rules and regulations prior to any such rules
and regulations 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.
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.
~ As set forth by the Chief of the Department all fire
department officers and supervisors shall be responsible for the
enforcement of all rules and regulations. Any disciplinary action
taken as a result of violations of said rules and regulations shall
be subject to the grievance provisions of Article 33.
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HOURS OF WORK
~ Ail 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.
~ All shift employees covered under this Agreement
shall 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.
~ It is agreed that neither the Union nor the City
will propose for negotiations a reduction or increase mn the 48-
hour work week for a period of time corresponding to the term of
this Agreement.
Section 4. Based upon the special needs of the service and the
public, shift employees may, voluntarily, on a temporary basis, be
assigned by the Fire Chief or his designee to a 40 hour work
schedule in order to accomplish special projects or special
assignments.
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WORKING CONDITIONS
~ Fire fighters may be needed at any time of the day to
fight fires and/or render emergency medical care. 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, fire prevention programs and
emergency medical service programs which have as their goal the
increased efficiency of the City's fire protection and emergency
medical service.
~ To aid the members of the Union in providing quality
emergency services, the City, in concert with the Union, agrees
that employees will not be reqUired to perform any task, not
related to their normal job description, other than routine station
maintenance. Routine station maintenance shall be defined as any
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type of maintenance that is done on a scheduled basis, such as
window cleaning, kitchens, living facilities, vehicles and safety
equipment.
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D-NIFORMS AND SAFETY EQUIPMENT
~ 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 will be provided when, in the discretion of the
Fire Chief or his designee, the employee's city issued shoes have
worn out and no longer provide the protection they were intended to
provide.
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:
3 ea. uniform shirts (Class A)
3 ea. uniform pants (Class A)
1 ea coveralls
3 ea T-shirts
1 ea ball cap
1 ea jacket
tea pair of boots or safety shoes (but only when needed).
2 ea shorts
1 ea belt with buckle (but only when needed).
Specialty patches as required
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New employees shall receive the above listed allocation. To obtain
a replacement item, the employee must turn in the item to be
replaced if the item has become damaged when the employee has been
required to perform firefighting/rescue functions, respond to
emergency operations or when conducting training functions
scheduled by the department.
~ Ail 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
Protection Association (NFPA) recommended. If the Fire Fighter
needs a replacement of fire fighting safety equipment, he/she shall
submit such request in writing through the chain of command. The
Fire Department Safety Officer shall make a determination as to
the appropriateness of such 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.
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of the employee,
rescue duties,
conducting training functions scheduled by the department.
~ 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
while the employee is performing firefighting/
responding to emergency operations or when
The
City shall be exempt from payment for those amounts which are paid
by Workers' Compensation. The request for repair or replacement
must be submitted within three (3) months from the date of the
occurrence.
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PHYSICAL ~XAMS & I~9~I~NIZATION
~ The City shall furnish a thorough physical
examination, including an E.C.G., tuberculosis test and chest x-
ray, for each permanent member 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 off duty examinations. The City shall pay for this
annual examination only. A physical examination at least once
every three years is mandatory for all members of the bargaining
unit. If the employee wishes, the employee may have a physical in
the third contract year only, with the cost to the City not to
exceed three hundred dollars ($300.00).
~ 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 one hundred dollars ($100.00)
yearly or a total of three hundred ($300.00) maximum if taken as
outlined in Section 1 above, upon proper receipt. The employee
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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~cz~Qn~3~ The City shall provide for any immunizations or
medical treatment as needed for protection from cuts or exposure to
disease suffered in the line of duty.
~ Immunization
A. The City shall provide an immunization schedule during
the life of this Agreement for all members as a means of
protection from the following:
Hepatitis - (Type B)
B. Members who refuse to be immunized for Hepatitis- Type B
and who later contract that disease shall not be presumed
to have contracted the disease while on duty.
employee
It shall be mandatory for the City to notify the
when
documentation exists that the employee was
significantly exposed to a communicable disease in the line of duty
only after such documentatmon is brought to the attention of the
City. If an employee contracts a communicable disease as listed in
Section 112.181 of the Florida Statutes, then it shall be presumed
that the employee contracted that disease while on duty, except as
stated in Article 11, Section 4b.
Recordkeeping and notification of known exposures shall be as
required by Chapter 112.181 Florida Statutes (Ch 95-286, 1995).
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GROUP INSURANCE'
Section 1. Medical Insurance: The employee cost of all
insurance premiums for the City's principal medical insurance shall
be borne by the City. Types of coverage currently in effect shall
not be reduced. Ail policies shall be reviewed annually and
modifications to the insurance plans may be made which benefit both
the City and the employees.
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.' Dental Insurance: The City will pay the premium for the
employees and $7.00 of the premium for family coverage.
Section 4. Fiscal Responsibility. Both the City and the Union
understand that the costs associated with providing additional
benefits for employees has significantly increased over the past
several years. It is the intent of the City and the Union to work
together in order to find acceptable ways to reduce the City's
expenses associated with providing additional benefits for
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employees.
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Section 5. Druq-Free Workplace. Both the City and the Union
recognize that substance abuse is a wide-spread problem within our
society. The Union will assist Fire Department employees in
obtaining assistance and treatment, if alcohol and/or substance
abuse is apparent. The Union endorses the Drug Free Workplace
Policy of the City of Boynton Beach, and will cooperate fully with
the City to continue with the implementation and enforcement of the
policy.
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OPERATOR'S INSIIRANCE
~ 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.
S~cz~lr~2. The City shall not assign any voluntary off-duty
services from bargaining unit employees where such service(s) will
involve any direct duty related work such as firefighting or
emergency medical services. This Article does not prohibit
employees from volunteering their off-duty time to participate in
events which have, as their ultimate goal, activities such as
public education or public relations for the Fire Department,
provided however that such volunteer service does not waive an
employee's coverage under the provisions of Section 1 of this
Article.
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~ Commencing on October 1st of this contract, each member
of the bargaining unit shall be eligible to advance one step on
their anniversary date subject to a performance evaluation rated as
"satisfactory" or better, unless the member has reached the
nineteenth step, in which case they shall be considered to have
reached their maximum base salary cap.
The 2.5% step plan matrix is attached hereto as
Exhibit "A"
Samtion~t.
In the event an employee has 5 (five) or more occasions
of use of sick leave during any contract year, that employee shall
not be eligible for a one step increase after October 1st of this
agreement. Instead, the employee's step increase shall be delayed
for a period of 90 days, during which it will be determined if the
employee has had any more occasions of use of sick leave. In the
event an employee does not have an additional occasion of use of
sick leave, then that employee shall be granted the one step pay
increase on the first full payroll day after the completion of 90
days. The employee's denial of a one step increase shall continue
in 90 day increments each time an employee has one or more
additional occasions of use of sick leave.
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S~CfC/D/~. It is the City's position that the current pay plan
matrix contains great inequities for various employees of the
bargaining unit. It is the intent of the City to allow the current
pay plan matrix to be used during the proposed contract year, but
it is the City's further position that if a pay plan matrix is used
in subsequent contract years, that the pay plan matrix structure
needs to be completely re-designed into a structure which is easy
to understand and significantly more equitable. To that end, if the
City desires to use a pay plan matrix in subsequent contract years,
it will be the intent of the City to redesign the entire pay plan
matrix.
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the order listed on the appropriate form supplied by the
Union Steward.
D. 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.
~ Employees who call in sick, may return to work
during the remainder of their shift if they feel capable of
performing their work duties. An employee who returns to work
after calling in sick, must use a minimum increment of 12 hours of
sick leave before they may return to work.
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COMPASSIONATE LEAVE
In the event of the death of a family member of an employee, 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 member" is defined as the
employee's 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 Human
Resources Office.
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~ 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 seniority basis and
can be taken in increments of 12 or 24 hours,= one shift at a time.
~ The following language and schedule apply to all full
time employees with an employment date prior to October 1, 1993.
FULL-TIME/NON-SHIFT EMPLOYEES
Each full time employee, with 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 servmce unless the included chart is amended. Employees on
initial one year probation are not eligible to take vacation for
the first six months.
the following schedule.
Vacation may be accrued in accordance with
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Vacation Accrual Policy
(Based on 40 hour work week)
Years of Service Vacation Days Vacation Hour~
1 year 12 96
2-3 years 15 120
4 years 16 128
5 years 17 136
6 years 18 144
7 years 19 152
8 years 20 160
9 years 21 168
10-15 years 22 176
16-20 years 24 192
21 years & after 25 200
FULL-TIME/SHIFT EMPLOYEES
For purposes 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 vacation 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
increments 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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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 has not
been used during that period (January 1 December 31) will be
forfeited as of December 31.
~ The following language and schedule apply to all full time
employees with an employment date of October 1, 1993, and
thereafter.
FULL-TIME/NON-SHIFT EMPLOYEES
Each full time employee with the exception of shift members of the
Fire Department shall earn vacation leave at the rates shown in the
schedule outlined in this section. Each employee shall at the end
of each year be credited with additional 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 vacation for the first six months of employment.
Vacation may be accrued in accordance with the following schedule:
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Plan B
Vacation Accrual Policy
(Based on 40 hour work week)
Years of Service Vacation Days
1 year 6
2 years but less than 5 12
5 years but less than 10 15
10 years but less than 17 17
20 years and after 20
Vacation Hours
48
96
120
136
160
FULL-TIME/SHIFT EMPLOYEES
For purposes of vacation leave, each shift member of the Fire
Department shall receive the equivalent number of vacation shift
days (24 hours) as outlined below. Each shift member of the Fire
Department shall earn one (1) 24 hour shift day additional for each
four years of continuous service. The number of days/hours
credited per year shall not increase after the 16th year of servmce
unless amended.
Vacation Accrual Policy
(Based on Fire Department 48 hour shift)
Years of Service Vacation Shift Days
~ Year 4
2 years but less than 5 5
5 years but less than 10 6
10 years but less than 15 7
15 years and after 8
Vacation Hours
96
120
144
168
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
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policy, however, any amount over the allowable maximum that has not
been used during that (January 1 - December 31) will be forfeited
as of December 31.
~ 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.
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s eation~l~
to use his/her vacation time, in two (2) ,
increments, for personal reasons while on duty.
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PERSONAL TIME
Any employee covered by this Agreement shall be able
to six (6) hour
~ This privilege shall be available only when such use
will not be detrimental to the efficient/normal operation of the
Fire Department as determined by the Chief or his/her designee.
S~ItJ_om~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.
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 an entire shift. 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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S~ The following days shall be considered holidays:
New Year's Day, Martin Luther King Jr. Day, Washington's Birthday,
Memorial Day, Independence Day,
Thanksgiving Day and the Friday
Labor
that
Day, Veteran's Day,
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 employees will follow the holiday schedule for
all non-union employees.
~ If an employee covered by this AgreemenE 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
the first week of the current contract, a form as
Department,
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
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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
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.
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SaC~D~i. Any employee covered by this Agreemen5 who is summoned
or subpoenaed to appear in a court of law, 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. Should such summons or subpoena require the
employee to appear on a day that they are on duty, then the pay of
this Section shall be waived by the employee.
SacLLon 2. Any employee covered by this Agreement who is
required by a court of law to appear for jury duty during a day
when they are on duty, shall return all fees received from the
court to the City, excluding travel expenses. The employee shall
notify the Fire Chief upon receipt of a summons for jury duty.
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WORKING OUT OF CLASSIFICATION
~ Any employee covered by this Agreement, who is
assigned 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 pay step higher or 5% above than
the pay step which that employee normally holds. When assigned, the
employee shall accept the duties and responsibilities of the
position. The internal ranking of Fire Fighter I, II, and III
shall be considered as one classification (Fire Fighter) only for
purposes of this Article. Pay for such an employee working out of
classification will commence only upon and subsequent to the sixth
(6th) occurrence of such action. In the event that an employee is
promoted into a higher classification and then works out of class
again (in the higher class), pay for such an employee working out
of classification will commence only upon and subsequent to the 6th
occurrence of such action.
S~ 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
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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.
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~ Ail 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 or result in
overtime, as determined by the Chief or on-duty officer in charge.
Such leave will be on a rotating basis.
~ 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.
~ 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
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each 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 to attend once before another is sent twice.
If more than twenty per cent (20%) of the members wish to 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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ARTEI~25
EDUCATIONAL INCENTIVE
Fire Department Employees covered by this Agreement will be
eligible for a monthly education incentive payment not to exceed
the supplemental compensation limits set forth in applicable
Florida Statute (currently FSS 633.382) and the corresponding
regulations in the Florida Administrative Code.
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MEDICAL CERTIFICATION
~ Employees currently holding a valid and current EMT-
I certificate in accordance with the Florida Statutes will receive
five percent (5%) additional pay over their September 30, 1995 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 Human Resources Department a dated copy of his/her
certificate showing the expiration date.
Se~2~iQD~2~ Employees holding a valid and current Paramedic
certificate in addition to a current and valid EMT-I certificate in
accordance with the Florida Statutes and who perform Paramedic
duties as assigned by the Fire Chief and the Medical Director will
receive fifteen percent (15%) additional pay over their September
30, 1995 base pay (assigned grade and step). Employees who hold
just a valid and current Paramedic certificate in accordance with
the Florida Statutes and who perform Paramedic duties as assigned
by the Fire Chief and the Medical Director will receive twenty
percent (20%) additional pay over their September 30, 1995 base pay
(assigned grade and step).
~ Employees holding a valid and current Paramedic
certificate in accordance with Florida Statutes who could perform
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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 five
percent(5%) additional pay over their September 30, 1995 base pay
(assigned grade and step) during that period of time they are
certified but inactive. If for any reason, an employee is assigned
to perform as a Paramedic during this inactive period, he/she will
receive an additional fifteen percent (15%) pay for a total of 20%
over their September 30, 1995 base pay (assigned grade and step)
for the day or days worked.
~ Notwithstanding any other provision of this Article,
or this agreement, the maximum total additional pay that any
bargaining unit member can receive through any combination of
qualifications is 20% above their September 30, 1995 base pay.
This provision shall limit additional compensation to a cap of 20%
for additional pay, except for the position of Acting Lieutenant
a-nd Acting Captain. This provision shall not reduce the additional
compensation for any member of the bargaining unit currently
receiving more than 20% during the term of this conEract.
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LICENSES & REGISTRATION FEES
The City shall pay the fee for any license required by the State or
City, such as EMT renewals or certificates. In the event of any
changes required by law regarding driver's license requirements for
firefighters, the City shall pay the initial fee only for such
license changes. Ail subsequent renewal of such license fee shall
be the responsibility of the employee.
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SENIORITY LIST
~ 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 an 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, unless documented evidence is presented to
justify changes or adjustments.
~ Employee's seniority is established from the date of
approval for employment by the City of Boynton Beach. 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.
~ Lay-offs and manpower cut-backs shall be determined
by the seniority list. The lowest on the seniority list will be
laid off first and so on up the list. In the evenn of lay-offs
and/or cut-backs, the City agrees to notify the union president in
writing, no later than two (2) weeks prior to said action.
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Employees who are laid-off shall have recall rights for a period of
twelve (12) months and shall be recalled in the reverse order in
which they are laid-off, i.e., last laid-off will be first
recalled. No new employees will be hired into any classification
while a laid-off employee has recall rights.
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Budgeted promotional vacancies occurring in any position within the
certified bargaining unit will be filled 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.
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RW-F~.R~.NC ~. NIAT~.R IAT..~
The City shall provide one copy, at each station, of all reference
materials for
notification.
Station(s).
promotional examinations at the posting of
These reference materials shall remain in the Fire
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ARTICLE~3~
BULLETIN BOARDS
The City shall furnish at each fire station space for bulletin
boards for the purpose of Union notices.
on the bulletin board shall bear on
Any notice or item placed
its face the legible
designation of the person responsible for placing such notice or
item on the board. A 3' x 4' space is hereby approved. The Union
is to supply the bulletin boards.
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~ 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.
~ 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.
~ When a policy manual is completed and placed into
effect, Sections 2 and 3 of this Article shall be deleted.
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GRIEVAlqCE PROCEDURE
~ Grievances or disputes which may arise, including
the interpretation of this Agreement, shall be settled in the
following manner:
~ 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.
~ 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 his designee for adjustment.
Step 3. If the grievance has not been settled within five (5)
business days from the date of submission to the Chief or his
designee, the grievance may then be submitted to the City Manager
for adjustment. The City Manager, prior to making a decision on
the grievance, may conduct a predetermination conference and
require the grievant to submit to an inquiry regarding the
substance of the grievance. The City Manager may be assisted by
the City Attorney. The grievant may be assisted by a union
-54-
representative or counsel of his/her choice. The inquiry by the
City Manager may be tape recorded. In the case of grievances
involving disciplinary action, all matters in defense, or in
mitigation of the proposed disciplinary action known at that time
by the grievant, should be raised by the grievant.
Step 4. If the grievance has not been settled by the City Manager
within ten (10) business days from the date of the predetermination
conference, the grievance may then be submitted to arbitration.
~ 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
done 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 Q~~
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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 shall bear the expense of its
witnesses and of its own representatives.
equally the expense of the arbitrator.
The parties shall bear
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. The Union reserves the right to represent
or not represent employees who are not members of the Union, as
provided by law.
~ec~D~o/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.
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~ "Business days" are defined as Monday through Friday
excluding holidays.
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PREVAILING RIGHTS
Ail job rights and benefits heretofore authorized or permitted by
the City Manager or Fire Chief and continuously en3oyed 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 of benefits or protection granted by the
Laws of the State of Florida or Ordinances and Resolutions of the
City of Boy-nton 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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SAVINGS 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 existing or subsequently enacted
legislation, the remaining provisions of this Agreement shall
remain in full force and effect.
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- ~- Z ~ -' -- , -- S AND ADDIT~ONS
Ail appendices, amendments and additions to this Agreement shall be
numbered or lettered, dated and signed by the responsible parties,
and shall be subject to all other provisions of this Agreement.
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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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SHIFT FIRE INSPECTORS
~ During contract year 1995-1996, the City shall
provide six (6) authorized positions for shift personnel certified
by the state and assigned by the Chief the responsibility of Shift
Fire Inspector. This additional responsibility shall be made
available to any employee, except Fire Prevention Officers. The
Fire Chief and Fire Prevention Officer II shall establish minimum
goals and standards to be met by shift personnel assigned as Shift
Fire Inspectors. Any personnel assigned prior to April 1, 1996
shall remain assigned and the number of assignments shall be
brought down to (six) 6 through attrition, whether that be by means
of retirement, resignation of assignment, or for not performing
assigned duties. If an assigned Shift Fire Inspector fails to
perform duties assigned by the Fire Chief, he/she shall be
reassigned and another shift personnel may be assigned the
additional duties as Shift Fire Inspector.
~ A waiting list shall be kept as to the seniority of
the date of state certification and seniority in the employment
service of the Fire Department.
~ Any employee who is assigned the additional duties
as Shift Fire Inspector shall receive an additional five percent 5%
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pay over their September 30, 1995 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.
~ Notwithstanding any other provision of this Article,
no employee acting as a Fire Inspector, in combination with any
other qualifications, such as, but not limited to those
qualifications set forth in Article 26, shall earn more than 20%
over their September 30, 1995 base pay, the only exception being.
personnel that currently are receiving more than twenty (20% over
their September 30, 1995 base pay on ratification of this contract.
Section 5. When the number of assignments falls below 6 (six),
additional shift personnel shall be assmgned in order to maintain
a total of 6 (six) Shift Fire Inspectors.
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ADDITIONAL ISSUES
~. ASSIGNMENT OF BEDS. The Fire Chief shall provide
sleeping quarters for on-duty shift personnel. In the event that an
existing Fire Station is completely rebuilt, or if a new Fire
Station is constructed, the Fire Chief shall determine the number
of beds, the method of assignment of beds, and when possible,
provide a sleeping environment to enhance privacy for a dual gender
workforce.
S~hiD~2. COMPENSATORY TIME FOR EDUCATION/TRAINING Employees
who participate in required educational and/or required training
activities as approved by the Fire Chief or designee who are unable
to attend those classes "on shift" due to scheduling difficulties,
and take those classes and/or training on their off duty time,
shall be eligible to receive compensatory time. Additional
compensatory time can be granted for persons approved for special
projects and events as directed by the Fire Chief or designee. All
compensatory time will be earned at the rate of time and one half,
with a cap of twenty-four (24) hours.
01/06/97 IAFF ~% CITY
M/%NAGEMENT RIGHTS
~ 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.
~ The City Commission has the sole authority to
determine the purpose and mission of the City and the amount of
budget to be adopted.
~ 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
01/06/97 IAFF ~ CITY [~
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Agreed to this ~,~3~ day of $-~%~¥
and between the respective parties through
representatives of the Union and the City.
the
authori zed
W~nes~ ~
BOYNTON BEACH ASSOCIATION OF
FIRE FIGHTERS, LOCAL 1891:
President
Secretary
Witness
Witness
CITY OF BOYNTON BEACH
City Clerk
Approved as to Form and Correctness:
/~ OV~ED~ TO
FORM:
o /o /97
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CITY