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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. -1- 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. -2- 04/26/93 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 -3- 04/26/93 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. -4- 04/26/93 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. -6- 04/26/93 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. -7- 04/26/93 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 -8- 04/26/93 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. -9- 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. -10- 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. -11- 04/26/93 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 -12- 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. -13- 04/26/93 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. -14- 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. -15- 04/26/93 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. -16- 04/26/93 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. -17 - 04/26/93 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. -18- 6/17/93 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 -19 - 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. -20- 04/26/93 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- -21- 04/26/93 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. -22- 4/26/93 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. -23- 04/26/93 ~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. -25- 04/26/93 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. -26- 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 -27- 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. -28- 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. -29- 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. -30- 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. -31- 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. -32- 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. -33- 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. -34- 04/26/93 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 -35- 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. -36- 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 -38- 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. -39- 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. -40- 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 -41- 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. -42- 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. -43- 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. -44- 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. -45- 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. -46- 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. -48- 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. -51- 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. -52- 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. -53- 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. -54- 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. -55- 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. -57 - 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 -59 - 1991/93